PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Susan Jenvey

Cr Brian Finlayson

Cr Janine Reed

Cr David Jones

Cr John Wilson

Cr Anne Smyth

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Lorraine Hemsworth (Minute Secretary)

Teresa Boorer (Grants Officer)

 

 

 

APOLOGIES

 

Cr Martin Ballangarry OAM

 

 

 

PRAYER

 

Pastor Paul Richardson of the Seventh Day Adventist Church, offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor S Jenvey declared a non-pecuniary - less significant conflict of interest in Item 5.2 Notice of Motion Review of Operating Hours, The Beach House Providore, 4 Thompson Street, Valla Beach – DA 2015/043 under the Local Government Act as Cr Jenvey is a casual patron of the business and has a casual relationship with the proprietor’s parents.

 

Councillor A Smyth declared a non-pecuniary - less significant conflict of interest in Item 9.3 Development Application DA2017/020 - Proposed 68 Lot Subdivision at Seaforth Drive, Valla Beach under the Local Government Act as Cr Smyth is a member of the Nambucca Valley Conservation Association who have made a submission on this Development Application.

 

Councillor B Finlayson declared a non-pecuniary – less significant conflict of interest in Item 9.3 Development Application DA2017/020 - Proposed 68 Lot Subdivision at Seaforth Drive, Valla Beach under the Local Government Act as Cr Finlayson has previously acted in a professional capacity for the applicant.

 

Councillor J Ainsworth declared a pecuniary significant conflict of interest in Item 9.5 Environmental Levy Quarterly Report and other project under the Local Government Act as Cr Ainsworth owns land adjacent to Gumma Swamp. Cr Ainsworth left the meeting for this item.

 

Councillor A Smyth declared a non-pecuniary - less significant conflict of interest in Item 9.9 Stream 3 Funding Offer Flying-foxes Grant Program for Implementation of some actions in DRAFT Management Plan under the Local Government Act as Cr Smyth is a member of the Gordon Park Rainforest Committee.

 


 

 

Councillor A Smyth declared a non-pecuniary - less significant conflict of interest in Item 9.10 Modification of Development Consent DA2015/103 under the Local Government Act as Cr Smyth is a member of the Nambucca Valley Conservation Association who have made a submission on this Development Application.

 

Councillor R Hoban declared a non-pecuniary - significant conflict of interest in Item 12.1 in Closed  Legal Action to Seek Compensation for Damage to Council Sewer Main caused by Authorised Construction Work under the Local Government Act as prior to Cr Hoban becoming a Councillor she assisted the person with a court case.  There is also a close personal relationship between her family and another party.  Cr Hoban left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 15 June 2017

307/17 RESOLVED:        (Smyth/Wilson)

 

That the minutes of the Ordinary Council Meeting of 15 June 2017 be confirmed with the following amendments:

 

Page 11  - 9.5 – 2nd point – “purchases” to read “purchaser”

Page 17 – in title – “Deliver” to read “Delivery”.

 

 

DELEGATIONS

RECOMMENDATION

 

That the following delegations be heard:

 

5.2     Notice of Motion - Review of Operating Hours, The Beach House Providore, 4 Thompson Street,

          Valla Beach – DA 2015/043

i         Jessica Waddell The Beach House Providore - Valla Beach

 

9.3     Development Application DA2017/020 - Proposed 68 Lot Subdivision at Seaforth Drive, Valla Beach

i         Ceri Wrobel

ii        Geoff Smyth

 

9.10   Modification of Development Consent DA2015/103

i         Jeff Unwin

ii        Elwyn Lock

iii       Andrew Moran

 

11.4   World Rally Road Damage and effect on Maintenance Program

i         Geoff Brown

 

 

 


 

NOTICE OF MOTION - CR Hoban

ITEM 5.1      SF2303              290617      Notice of Motion - Wires Mid North Coast Branch Sponsorship Request

  MOTION:    (Hoban/Jenvey)

 

That Council determine what if any level of support it is prepared to provide.

 

amendment:       (ainsworth/Smyth)

 

That the Council donate $200 to Wires Mid North Coast Branch.

 

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

 

308/17  Resolved:       (Ainsworth/Smyth)

 

That the Council donate $200 to Wires Mid North Coast Branch.

 

 

 

Jessica Waddell, The Beach House Providore - Valla Beach addressed the Council and her speaking notes are on file 24042/2017.

 

NOTICE OF MOTION - CR Smyth

ITEM 5.2      SF2303              290617      Notice of Motion - Review of Operating Hours, The Beach House Providore, 4 Thompson Street, Valla Beach – DA 2015/043

309/17 RESOLVED:        (Smyth/Reed)

 

1        That a Review be undertaken of the operating hours for The Beach House Providore, 4 Thompson Street, Valla Beach, DA 2015/043, as per Condition 2a of the Modified Consent.

 

2        That the results of the Review be reported back to Council for determination.

 

 

 

 

NOTICE OF MOTION - CR Finlayson

ITEM 5.3      SF2303              290617      Notice of Motion - Conflict Arising from Horticulture Development in the Nambucca Shire

310/17 RESOLVED:        (Finlayson/Ainsworth)

 

That Council receive a further report relating to options for preventing conflict arising from horticultural development within the Shire.

 

 

 


 

DELEGATIONS

RECOMMENDATION

 

That the following delegations be heard:

 

5.2     Notice of Motion - Review of Operating Hours, The Beach House Providore, 4 Thompson Street,

          Valla Beach – DA 2015/043

i         Jessica Waddell The Beach House Providore - Valla Beach

 

9.3     Development Application DA2017/020 - Proposed 68 Lot Subdivision at Seaforth Drive, Valla Beach

i         Ceri Wrobel

ii        Geoff Smyth

 

9.10   Modification of Development Consent DA2015/103

i         Jeff Unwin

ii        Elwyn Lock

iii       Andrew Moran

 

11.4   World Rally Road Damage and effect on Maintenance Program

i         Geoff Brown

 

 

 

Delegations

 

Ms Ceri Wrobel addressed the Council making the following points:

·    Living in a sensitive local area

·    Buffer zones included to wetlands and reserves

·    Concerns relating to run off

·    Cars parking across reserves

·    Flora and Fauna zones reduced to 40m buffer zone instead of 50m

·    Endangered species in the area

·    Wish to retain the village lifestyle

·    Felling of additional trees allows increased highway noise

 

 

Mr Geoff Smyth was available to answer any questions.

 

 

That Item 9.3 be brought forward.

 

 


 

ITEM 9.3      DA2017/020        290617      Development Application DA2017/020 - Proposed 68 Lot Subdivision at Seaforth Drive, Valla Beach

311/17 RESOLVED:        (Ainsworth/Finlayson)

 

That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2017/020 for a 66 Lot Residential Subdivision of Lot 176 DP 1190467 – Seaforth Drive, Valla Beach subject to the schedule of conditions outlined in Attachment 2 of this report.

 

For the motion:                         Councillors Hoban, Ainsworth, Finlayson, Jones, Reed, Wilson

                                      (Total 6)

Against the motion:         Councillors Smyth, Jenvey (Total 2)

 

 

 

 

Delegations continued

 

Mr Jeff Unwin addressed the Council making the following points:

·    No change in modification

·    Condition No 3 – will Council accept independent Geotechnical report?

·    Would like to do own Geotech report at own expense

·    Noise test –will be tested insitu at site

·    Can soil test in Condition 13 be carried out at own expense

·    No 7 – relocate road – why not Club do as required

·    Moran Road was upgraded – Mayor and General Manger advised that this was a planned routine grading

 

 

Mr Elwyn Lock addressed the Council making the following points:

·    Toilet system – will  install Council approved system

·    Covering the range with plastic sheeting – no other target shooting range that has plastic covering over the range

·    Projectiles hitting will go to ground

·    Ground baffles to catch any projectile fired lower than target

·    Dig holes through plastic – negate need for plastic covering

·    Soil and water testing – ph value of site is unknown

·    Advised to test soil ph after earth works carried out and then bring ph level to normal reading (if required)

·    Noise – last thing Club wants is to disturb the neighbours – noise test in open and complied

·    Will cover both ends and back (if required)

 

Mr Andrew Moran addressed the Council making the following points:

·    Born and bred in Missabotti

·    Director of Moran Enterprises

·    Morans Road is a public road

·    Photo taken in 1942 different landscape to today

·    Land and Environment Court – Newbry test – the test is fair and reasonable

·    Talked to many professionals and is well informed

·    Waiver of Indemnity

·    Range cleared in 1942

·    Range is not being used for shooting at present

·    Increased volume of traffic on the road – less now than in previous years

·    Airstrip used to be utilised heavily but not now

·    Is there any need for a traffic management plan?

·    Log truck road

·    Right of carriage way – drop condition – letter of Indemnity will satisfy council

·    Quarry Condition 14 – not urban area

·    No need for a Bush Fire Evacuation Plan

·    Hydrological report – report sent to Council

 

 

 

 

ITEM 9.10    DA2015/103        290617      Modification of Development Consent DA2015/103

312/17 RESOLVED:        (Ainsworth/Reed)

 

That Council as the consent authority, pursuant to Section 96 of the Environmental Planning and Assessment Act 1979, modify development consent DA2015/103 in accordance with the conditions contained within attachment 4 except that the last dot point in Condition No. 41 refer to a .44 calibre magnum rifle.

 

For the motion:                         Councillors Ainsworth, Finlayson, Wilson, Reed, Hoban

                                      (Total 5)

Against the motion:         Councillors Smyth, Jones and Jenvey

                                      (Total 3)

 

 

DELEGATIONS continued

 

Geoff Brown addressed the Council making the following points:

·    Live in Talarm and directly on route of Rally

·    Subjected to a lot of damage - property damage and road damage

·    Sends invoices to Rally Australia but they are not be paid

·    Support Recommendation 3

·    Risk to residents is air pollution during events

·    Clogged filters of swimming pool

·    Water tanks – dust filled filters

·    There is a large cost to local businesses

 

 

ITEM 11.4    SF2195              290617      World Rally Road Damage and effect on Maintenance Program

  MOTION:    (Smyth/Jones)

 

1        That Council allocates an amount of $98,905.00 to the unsealed roads maintenance budget from Working Funds to offset the cost of damage incurred to Council roads during the 2016 World Rally Event.

 

2        Council accepts the offer from World Rally Australia of $40,000.00, and places this money into Working Funds, to offset part of the above costs.

 

3        That Council adopt the position of not supporting the continuance of the Rally in the Shire and not provide financial nor in-kind support to it being held.

 

 

Amendment:       (Ainsworth/Finlayson)

 

1        That Council allocates an amount of $98,905.00 to the unsealed roads maintenance budget from Working Funds to offset the cost of damage incurred to Council roads during the 2016 World Rally Event.

 

2        Council accepts the offer from World Rally Australia of $40,000.00 towards the debt, and places this money into Working Funds, to offset part of the above costs.

 

3        That the Council’s position on the holding of the Rally be deferred to the Council meeting at the end of August 2017 pending a meeting with Rally Australia to discuss the matter of unresolved claims for damage to council roads and unresolved claims from private property owners along the route.

 

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

 

313/17  RESOLVED:       (Ainsworth/Finlayson)

 

1        That Council allocates an amount of $98,905.00 to the unsealed roads maintenance budget from Working Funds to offset the cost of damage incurred to Council roads during the 2016 World Rally Event.

 

2        Council accepts the offer from World Rally Australia of $40,000.00 towards the debt, and places this money into Working Funds, to offset part of the above costs.

 

3        That the Council’s position on the holding of the Rally be deferred to the Council meeting at the end of August 2017 pending a meeting with Rally Australia to discuss the matter of unresolved claims for damage to Council roads and unresolved claims from private property owners along the route.

 

 

The meeting was adjourned at 8.00 pm.

The meeting resumed at 8.37 pm.

 

 

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                290617      Outstanding Actions and Reports

314/17 RESOLVED:        (Finlayson/Reed)

 

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

 

 

 


 

 

ITEM 9.2      SF25                  290617      Request for Donation - Scotts Head Sports Field Committee of Management

315/17 RESOLVED:        (Jenvey/Reed)

 

That Council approve a Section 356 donation of $1000, from the Donations Budget 2017/2018, to assist the committee with line marking costs for the Scotts Head Sports fields.

 

 

 

 

9.3  Dealt with under Delegations

 

 

 

ITEM 9.4      SF2306              290617      Conversion of Coastal Zone Management Plan to a Coastal Management Plan to support estuary management actions

316/17 RESOLVED:        (Smyth/Wilson)

 

1        That Council accept the funding offer of $25,000 from the Office of Environment and Heritage to support the conversion of our Coastal Zone Management Plan and Estuary Management Plan to a Coastal Management Plan to support estuary management actions.

 

2        That subject to the availability of funds, Council allocate an amount of $20,000 from the Environmental Levy Reserve to support the preparation of the Coastal Management Program. This, combined with $7,000 of in-kind input from Council, to a project valued at $52,000, represents Council’s 50:50 contribution to the $25,000 grant funded by Office of Environmental Heritage.

 

 

 

 

Cr Ainsworth left the meeting for Item 9.5 at 8.39 pm and returned after the conclusion of the Item at 8.44 pm.

 

ITEM 9.5      SF688                290617      Environmental Levy Quarterly Report and other project

317/17 RESOLVED:        (Reed/Finlayson)

 

1        That Council note the status of the projects documented in this report.

 

2        That Council note and endorse the anticipated revotes identified in this report.

 

 

 

 


 

ITEM 9.6      PRF79                290617      Proposed Section 355 Committee of Management for Public Land in Adin Street Scotts Head

318/17 Resolved:        (Finlayson/Ainsworth)

 

That the proposed Section 355 Committee of Management for Public Land in Adin Street, Scotts Head be deferred and that Councillors receive a copy of the nominations including the background for each delegate for the Committee.

 

 

 

 

ITEM 9.7      SF2293              290617      Development Applications greater than 12 months or where submissions received -  to 20 June 2017

319/17 RESOLVED:        (Ainsworth/Wilson)

 

That the information be noted by Council.

 

 

 

 

 

ITEM 9.8      SF1148              290617      Council Ranger's Report May 2017

320/17 RESOLVED:        (Reed/Ainsworth)

 

That Council’s Ranger’s report for May 2017 be received and noted by Council.

 

 

 

 

 

ITEM 9.9      SF2306              290617      Stream 3 Funding Offer Flying-foxes Grant Program for Implementation of some actions in DRAFT Management Plan

321/17 RESOLVED:        (Finlayson/Smyth)

 

1        That Council accept the funding offer of $15,400 from the Local Government NSW to support the implementation of some actions identified in the DRAFT Management Plan for the Flying-fox camp at Gordon Park, Nambucca Heads.

 

2        That subject to the availability of funds, Council allocate an amount of $3,800 from the Environmental Levy Reserve to support the implementation of the actions. This, combined with $15,400 of in-kind input from Council, to a project valued at $34,600, represents Council’s 50:50 contribution to the $15,400 grant funded by LGNSW.

 

 

 

 

9.10  Dealt with under Delegations

 

 


 

 

ITEM 9.11    SF2307              290617      Fixing Country Roads Program 2017/18 - Applications Open - Possible Projects

322/17 RESOLVED:        (Ainsworth/Reed)

 

1        That Council note that Round 3 of the Fixing Country Roads Program opened for applications on 14 June 2017.

 

2        That Council note the 3 possible application projects for Fixing Country Roads Program, being:

 

          (i)      Upgrade of Lower Buckrabendinni Road, Buckra Bendinni – as previously resolved – to be funded as 1/3 Council, 1/3 residents and 1/3 application for Fixing Country Roads funding;

          (ii)      Upgrade of the road from Deer Hill Road to Hanging Rock Road, Buckra Bendinni –     this will be an application for 100% under the Fixing Country Roads Program;

          (iii)     Application for 50% of the Council’s costs for replacement of Lanes Bridge, Bowraville         being $500,000 – applied for the matching funding of $1,000,000 under the Bridges      Renewal Programme in May 2017;

 

 

 

 

 

ITEM 9.12    SF1154              290617      Integrated Planning and Reporting Framework - 2017-2021 Resourcing Strategy - Workforce Plan

323/17 RESOLVED:        (Ainsworth/Wilson)

 

That Council adopt the Workforce Plan as part of the Integrated Planning and Reporting Framework’s 2017-2021 Resourcing Strategy.

 

 

 

 

 

ITEM 9.13    SF113                290617      Union Picnic Day - Thursday 7 September 2017 - Closure of Work Sites

324/17 RESOLVED:        (Wilson/Finlayson)

 

1        That Council note the closure of the following on Thursday 7 September 2017 for Union       Picnic Day:

 

          Administration Centre

          Macksville Library

          Nambucca Heads Library

          Waste Management Facility

 

2        That the closure of the worksites be advertised in the local papers, on Council’s website and         at the entrances to the worksites well in advance of the proposed closure.

 

 

 

 

Assistant General Manager Corporate Services Report

ITEM 10.1    SF2130              290617      Making of Rates and Charges 2017/2018

325/17 RESOLVED:        (Ainsworth/Finlayson)

 

1          Council resolves that in accordance with Section 501 of the Act, the annual access 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 Act for 2017/2018 is made at one hundred and thirty six dollars ($136.00) per occupancy for each assessment, for a 20mm or 25mm connection; five hundred and forty four dollars ($544.00) for a 40mm connection, eight hundred and fifty dollars ($850.00) for a 50mm connection, two thousand one hundred and seventy six dollars ($2,176.00) for a 80mm connection and three thousand four hundred dollars ($3,400.00) for a 100mm connection, to be charged per connection for each assessment; and one hundred and thirty six dollars ($136.00) for vacant or unconnected land per assessment, and have a short title of “Water Access”; and a consumption charge of two dollars and eighty four cents ($2.84) per kilolitre to apply to all water consumption billed during the financial year and such charge to have a short title of “Water Charge” in accordance with Section 543 of the Act.

 

2          Council resolves that in accordance with Section 501 of the Act 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 Act for 2017/2018 is made at six hundred and three dollars ($603.00) per occupancy for each assessment for residential connections; for non-residential connections two hundred and twenty eight dollars ($228.00)  for 20mm or 25mm connection, nine hundred and twelve dollars ($912.00) for 40mm connection, one thousand four hundred and twenty five dollars ($1,425.00) for 50mm connection, three thousand six hundred and forty eight dollars ($3,648.00) for 80mm connection and five thousand seven hundred dollars ($5,700.00) for 100mm connection, per connection for each assessment; and two hundred and twenty eight dollars ($228.00) for vacant or unconnected land per assessment, and have a short title of “Sewer Access”; and a sewer usage charge of three dollars and twelve cents ($3.12) per kilolitre to be calculated on the estimated volume discharged from properties, excluding residential connections, using the total water consumption based on NSW Department of Water and Energy guidelines and such charge to have a short title of "Sewer Usage Charge" and be included on the ‘Water Account’.

 

3          Council resolves that in accordance with Section 501 of the Act, the waste management tip provision charge for 2017/2018 is made at one hundred and forty seven dollars ($147.00) per assessment for properties categorised as Business or Farmland, or are Non Rateable, that are not vacant but do not, or have elected not to, receive a commercial waste service or are not on a waste collection route, or vacant land where the service is available; such charge to have the short title of “Tip Provision”.


 

4          Council resolves that in accordance with Section 496 of the Act, the annual charge for 2017/2018 for domestic waste service on all occupied rateable land in the Shire, categorised Farmland or Residential under Section 515 or 516 of the Act, or are Non Rateable properties to which a domestic waste service is provided, is made at five hundred and forty three dollars ($543.00) per occupancy for each assessment which contains up to and including five residential occupancies, such charge to have a short title of “Full Domestic Waste Service”, the amount of the annual charge will be the amount derived by applying the formula A = B x $543.00, where “A” equals the annual charge, “B” equals the number of occupancies and $543.00 is the unit price. Residential assessments with six or more occupancies, upon request, may be charged one full service charge of five hundred and forty three dollars ($543.00) and sufficient additional bins, at the appropriate charge, to service the waste collection requirements of the assessment, as agreed between the property owner and the Council’s Civic Services Coordinator. Owners of secondary dwellings with a gross floor area of up to 60 square metres will have the option of a second domestic waste service.

            A waste management ‘tip provision’ annual charge of one hundred and forty seven dollars ($147.00) for the year 2017/2018 is made for properties categorised Farmland or Residential or are Non Rateable, that are not vacant, but do not receive a domestic waste service or are not on a waste collection route.

 

5          Council resolves that in accordance with Section 496 of the Act the annual charge for 2017/2018 for domestic waste on all vacant rateable land in the Shire, categorised Residential (under Section 516 of the Local Government Act 1993) or are Non Rateable 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, including land categorised as Farmland, where the domestic waste collection service is available, is made at one hundred and thirty two dollars ($132.00) per assessment, such charge to have short title of “Vacant Waste Management”.

 

6          Council resolves that in accordance with Section 501 of the Act, the annual charge for 2017/2018 for waste service on all occupied rateable land in the Shire, categorised Business (under Section 518 of the Act) to which a waste service is provided, or is Non Rateable land to which a non-residential waste service is provided, is made at five hundred and nineteen dollars ($519.00) per occupancy per assessment, such charge to have a short title of “Full Commercial Waste Service”, the amount of the annual charge will be the amount derived by applying the formula A = B x $519.00, where “A” equals the annual charge, “B” equals the number of separate occupancies and $519.00 is the unit price.

 

7          Council resolves that in accordance with Section 501 of the Act the annual charge for waste for 2017/2018 on all vacant rateable land in the Shire, categorised Business (under Section 518 of the Act) or is Non Rateable land, 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 thirty two dollars ($132.00) per assessment, such charge to have a short title of “Vacant Waste Management”.


 

8          Council resolves that in accordance with Section 496A & 510A of the Act the annual charge for 2017/2018 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 Charge".

 

9          Council resolves that in accordance with Section 496A & 510A of the Act the annual charge for 2017/2018 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 Res-Strata ".

 

10         Council resolves that in accordance with Section 496A & 510A of the Act the annual charge for 2017/2018 for stormwater management services on all rateable privately owned developed 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 Business " and be capped at $100.00 per assessment.

 

11         Council resolves that in accordance with Section 496A & 510A of the Act the annual charge for 2017/2018 for stormwater management services on all rateable privately owned developed 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 and capped at one hundred dollars ($100.00) then be charged the greater of five dollars ($5.00) or the relevant proportion of the maximum annual charge that would apply to the land subject to the strata scheme (the ‘relevant proportion’ is the proportion that the unit entitlement of that lot in the scheme bears to the aggregate unit entitlement of the scheme), such charge to have a short title "Stormwater Bus-Strata".

 

12         Council resolves that a rate of zero point zero zero five seven six six dollars ($0.005766) on the land value of all rateable land in the rating category of “Farmland”, is made for the year 2017/2018, subject to a minimum rate of five hundred and thirteen dollars ($513.00) per assessment, in accordance with Section 458 of the Act, such rate to apply to all properties categorised as “Farmland”, pursuant to Section 515 of the Act, such rate to a short title of “Farmland” in accordance with Section 543 of the Act.

 

13         Council resolves that a rate of zero point zero zero five nine one dollars ($0.00591) on the land value of all rateable land in the rating category “Residential” is made for the year 2017/2018, subject to a minimum rate of seven hundred and thirty five dollars ($735.00) per assessment, such rate to apply to all properties categorised as “Residential”, pursuant to Section 516 of the Act, excluding all properties in the sub categories “Town” and “Village/Estates”, such rate to have a separate short title of “Residential Non-Urban”.


 

14         Council resolves that a rate of zero point zero zero five nine one dollars ($0.00591) on the land value of all rateable land in the rating category “Residential”, sub category “Town” is made for the year 2017/2018, pursuant to Section 516 of the Act, subject to a minimum rate of seven hundred and thirty five dollars ($735.00) per assessment, such rate to apply to all rateable land located in centres of population described as comprising all properties zoned residential, located in the towns of Nambucca Heads, Hyland Park, Macksville, Bowraville, Scotts Head and Valla Beach and serviced or able to be serviced with water supply, sewerage, or septic tank, such rate to have a separate short title of “Residential Town”.

 

15         Council resolves that a rate of zero point zero zero five nine one dollars ($0.00591) on the land value of all rateable land in the rating category “Residential”, sub-category “Village/Estates” is made for the year 2017/2018, pursuant to Section 516 of the Act, subject to a minimum rate of seven hundred and thirty five dollars ($735.00) 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”.

 

16        Council resolves that a rate of zero point zero zero seven nine six eight dollars ($0.007968) on the land value of all rateable land in the rating category “Business” is made for the year 2017/2018, subject to a minimum rate of seven hundred and thirty five dollars ($735.00) per assessment, such rate to apply to all properties  categorised as “Business”, pursuant to Section 518 of the Act, excluding all properties in the sub categories “CBD” and “Industrial Estate”, such rate to have a separate short title of “Business Ordinary”.

 

17        Council resolves that for the year 2017/2018 all rateable land previously in the rating category “Business”, sub category “Caravan Park”, is moved to the “Business” sub-category “Ordinary” and rated in accordance with Item 16.

 

18        Council resolves that a rate of zero point zero one one nine zero four dollars ($0.011904) on the land value of all rateable land in the rating category “Business”, sub category “CBD” is made for the year 2017/2018, pursuant to Section 518 of the Act, subject to a minimum rate of seven hundred and thirty five dollars ($735.00) 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, and Scotts Head and such rate to have a separate short title of “Business CBD”.

 

19        Council resolves that a rate of zero point zero zero seven five seven dollars ($0.00757) on the land value of all rateable land in the rating category “Business”, sub category “Industrial Estate” is made for the year 2017/2018, pursuant to Section 518 of the Act, subject to a minimum rate of seven hundred and thirty five dollars ($735.00) per assessment, such rate to apply to all rateable properties categorised as “Business”, sub category “Industrial Estate” in the towns of Nambucca Heads and Macksville, and such rate to have a short title of “Business Industrial”.

 

20      Council resolves that a special rate, pursuant to Section 495 of the Act, consisting of a base amount of twenty dollars and fifty five cents ($20.55) per assessment, with a short title of “Environmental Base” and an ad-valorem amount of zero point zero zero zero one four four dollars ($0.000144) on the land value of all rateable land in Council’s area (refer Section 538 of the Act), with a short title of “Environmental Levy”, is made for the year 2017/2018. The base amount will produce approximately forty seven point three eight percent  (47.38%) of the total amount payable by the levying of the special rate so as to comply with Section 500 of the Act.

 

21        Council resolves that an annual charge of ninety six dollars ($96.00) for Category 1 (Low Risk) Sewer Trade Waste, is made for the year 2017/2018 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 1”.

 

22        Council resolves that an annual charge of ninety six dollars ($96.00) for Category 1A (Low Risk) Sewer Trade Waste, is made for the year 2017/2018 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 1A”, with an additional charge of one dollar and eighty cents ($1.80) per kilolitre for Non-Conforming Usage (if required pre-treatment is not installed or properly maintained), is made for the 2017/2018 pursuant to Section 502 of the Act.

 

23        Council resolves that an annual charge of one hundred and fifty nine dollars ($159.00) for Category 2 (Medium Risk) Sewer Trade Waste, is made for the year 2017/2018 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 2”, with a usage charge of one dollar and eighty cents ($1.80) per kilolitre or fourteen dollars and forty eight cents ($14.48) per kilolitre for Non-Conforming Usage (if required pre-treatment is not installed or properly maintained), is made for the 2017/2018 pursuant to Section 502 of the Act.

 

24        Council resolves that an annual charge of one hundred and fifty nine dollars ($159.00) for Category 3 (High Risk) Sewer Trade Waste, is made for the year 2017/2018 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 3”, with an additional charge of one dollar and fifteen cents ($1.15) per kilogram for Excess Mass, is made for the year 2017/2018 pursuant to Section 502 of the Act.

 

25        Council resolves that an annual charge of ninety six dollars ($96.00) for Category 4 Septic tank Effluent Disposal Sewer Trade Waste, is made for the year 2017/2018 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 4”.

 

26        Council resolves that an annual charge of ninety six dollars ($96.00) for Category 4 Caravan Dump Effluent Disposal, is made for the year 2017/2018 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 4”, with a charge of one hundred and forty three dollars ($143.00) for Disposal at Treatment Works with a maximum of 2,500L, disposals over 2,500L will have an additional charge of fifty two dollars ($52.00) per 1000L, is made for the year 2017/2018 pursuant to Section 501 of the Act.

 

27        Council resolves that an annual charge of one hundred and eighty dollars ($180.00) for On-site Sewer Management Systems (OSSMS) operated in the high risk zone is made for the year 2017-2018 pursuant to Section 68 of the Act and have a short title “OSSMS Zone 1”; properties with less than three OSSMS will be charged one charge unit while properties with three or more OSSMS will be charged two charge units.

 

28        Council resolves that an annual charge of fifty five dollars ($55.00) for On-site Sewer Management Systems (OSSMS) operated in the medium risk zone is made for the year 2017-2018 pursuant to Section 68 of the Act and have a short title “OSSMS Zone 5”; properties with less than three OSSMS will be charged one charge unit while properties with three or more OSSMS will be charged two charge units.

 

29        Council resolves that an annual charge of thirty dollars ($30.00) for On-site Sewage Management Systems (OSSMS) operated in the low risk zone is made for the year 2017-2018 pursuant to Section 68 of the Act and have a short title “OSSMS Zone 10”; properties with less than three OSSMS will be charged one charge unit while properties with three or more OSSMS will be charged two charge units.

 

30        Council resolves that an interest rate of 7.5% per annum is set for the year 2017/2018, pursuant to Section 566 of the Act, and be charged on overdue rates and charges.

 

 

 

ITEM 10.2    SF1618              290617      Community Strategic Plan 2027

326/17 RESOLVED:        (Ainsworth/Finlayson)

 

That Council adopt the Draft Nambucca Shire Council Community Strategic Plan 2027 as amended.

 

Recommended amendment is an addition to Section 3.2 “To investigate partnerships and programs to promote healthy ageing”.

 

 

 

 

ITEM 10.3    SF1618              290617      Nambucca Shire Delivery Program 2017-2021

327/17 RESOLVED:        (Finlayson/Jenvey)

 

That Council adopt the Draft Nambucca Shire Council Delivery Program 2017-2021 as amended.

 

 

 

 

 

ITEM 10.4    SF2246              290617      Draft Operational Plan 2017-18

328/17 RESOLVED:        (Ainsworth/Reed)

 

1          Council note the changes to the draft Operational Plan 2017-18 made post Council’s 11 May Meeting.

 

2          That the Purchase of a “tilt bull blade” attachment for the maintenance grader for $22,000 be included in the operational plan.

 

3          That the purchase of a new 4WD Single cab ute for inspection of on-site sewer systems for $32,000 be included in the operational plan.

 

4          Council adopt the draft Operational Plan 2017-18 as amended.

 

 

 

 

 

ITEM 10.5    SF2246              290617      Draft Revenue Policy (Fees and Charges)

329/17 RESOLVED:        (Finlayson/Ainsworth)

 

That Council adopted the draft 2017-18 Revenue Policy (Fees and Charges) as amended.

 

 

 

 

 

ITEM 10.6    SF2246              290617      Draft Long Term Financial Plan 2017-2027

330/17 RESOLVED:        (Reed/Wilson)

 

That Council adopt the Draft Long Term Financial Plan 2017-2027.

 

 

 

 

 

ITEM 10.7    SF1120              290617      Grant Application Status Report

331/17 RESOLVEDS:      (Finlayson/Wilson)

 

That Council receive the list of grant applications to 20 June 2017.

 

 

 

 

 

ITEM 10.8    SF251                290617      Schedule of Council Public Meetings 2017

332/17 RESOLVED:        (Ainsworth/Finlayson)

 

That the schedule of dates for public Council meetings in 2017 be noted and received for information by Council.

 

 

 

 

 

ITEM 10.9    SF1415              290617      Minutes of the Audit Risk and Improvement Committee Meeting - 14 June 2017

333/17 RESOLVED:        (Wilson/Reed)

 

That Council note the Minutes of the Audit Risk and Improvement Committee.

 

 

 

 


 

Assistant General Manager Corporate Services Report - LATE

ITEM 10.10   SF1618              290617      Additional Submission on Community Strategic Plan 2027

334/17 RESOLVED:        (Ainsworth/Reed)

 

That Council note the submission on the Community Strategic Plan from the Scotts Head Community Group Inc.

 

 

 

 

 

Assistant General Manager Engineering Services Report

ITEM 11.1    SF511                290617      Stocktake Reconciliation for Works Depot Store ending 30 June 2017

335/17 RESOLVED:        (Ainsworth/Finlayson)

 

That following the end of year stock take reconciliation Council write the following bridge timber materials back into stores with the respective values as follows:

 

Stock No

Stock Name

Variation

Value $

401

  7m Bridge girder

7

7350.00

404

10m Bridge girder

5

9936.51

405

11m Bridge girder

2

4812.33

422

11m Bridge pile

3

2937.00

427

18m Bridge pile

4

9720.00

442

  7m Concrete bridge deck

2

11892.08

 

 

 

46647.92

 

 

 

 

 

 

ITEM 11.2    SF1676              290617      Capital Works - Anticipated revotes at 30 June 2017

336/17 RESOLVED:        (Ainsworth/Wilson)

 

That Council receive and note the information and receive a further report on the 2016/17 Capital Works at the end of July 2017 following finalisation of invoices.

 

 

 

 


 

 

ITEM 11.3    SF90                  290617      Nambucca Shire Traffic Committee Meeting Minutes - 6 June 2017

337/17 RESOLVED:        (Finlayson/Wilson)

 

1        That Council endorse the Temporary Road Closure Application from Drag-Ens Hot Rod Club to hold a Hot Rod Display and Billy Cart Derby between 8.00am and 2.00pm on Friday 29 September 2017 as follows:

 

·           High Street, Bowraville – George Street to Young Street

 

2        That Council endorse the Temporary Road Closure Application from Drag-Ens Hot Rod Club to conduct the annual Hot Rod Display between 8.00am and 1.00pm on Saturday 30 September 2017 as follows:

 

             ·           Bowra Street and Mann Street Nambucca Heads – Ridge Street to West Street

 

3        That Council notes the following information has been received for both the above 2 events:

 

             ·           Certificate of Currency for Public Liability Insurance

             ·           Traffic Management Plan confirming Accredited Traffic Controllers will be on site, and

             ·           Police and Roads and Maritime Services approval for the road closures.

 

4        That Council retain existing unregulated arrangements for parking on the corner of Boat Harbour Road and Williams Hill Road and contact offending truck drivers requesting they stop using this facility.

 

5        That Council Install No Stopping signs at the Intersection of Thompson Street and Valla Beach Road, Valla Beach to reinforce the No Stopping Road Rule.

 

 

 

 

11.4  Dealt with under Delegations

     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

338/17 RESOLVED:        (Reed/Wilson)

 

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.

 

 

 

 


 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF2289              290617      Legal Action to Seek Compensation for Damage to Council Sewer Main caused by Authorised Construction Work

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.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF600                290617      Expression of Interest to Purchase Council's Valla Land - Lot 2 DP 1173066 - 6857 Pacific Highway, Valla

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

 

Mayor, Cr Hoban declared and interest and left the meeting and Deputy Mayor Cr Ainsworth took the Chair.

Cr Hoban left the meeting for Item 12.1 at 9.48 pm and returned after the conclusion of the Item at 9.53 pm.

The Deputy Mayor Cr Ainsworth took the Chair for the duration of Item 12.1.

The Mayor resumed the Chair at 9.53 pm.

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 9.47 pm.

 

RESUME IN OPEN MEETING

339/17 RESOLVED:        (Ainsworth/Reed)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 10.20 pm

 

 


 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF2289              290617      Legal Action to Seek Compensation for Damage to Council Sewer Main caused by Authorised Construction Work

340/17 RESOLVED:        (Finlayson/Jenvey)

 

That Council note the legal advice from the Marsdens Law Group and take no further legal action in relation the matter.

 

 

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF600                290617      Expression of Interest to Purchase Council's Valla Land - Lot 2 DP 1173066 - 6857 Pacific Highway, Valla

341/17 RESOLVED:        (Finlayson/Ainsworth)

 

That the Expression of Interest to Purchase Council's Valla Land - Lot 2 DP 1173066 - 6857 Pacific Highway, Valla be deferred for one month to investigate development costs.

 

 

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 10.20 pm. 

 

Confirmed and signed by the Mayor on 13 July 2017.

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)