PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM (Deputy Mayor)

Cr Brian Finlayson

Cr David Jones (arrived 5.48pm)

Cr Janine Reed

Cr Anne Smyth

Cr John Wilson

 

ALSO PRESENT

 

Paul Gallagher (AGM Engineering Services)

Lorraine Hemsworth (Minute Secretary)

 

APOLOGIES

 

Cr Susan Jenvey

Michael Coulter (General Manager)

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 14 June 2018

272/18 Resolved:        (Wilson/Finlayson)

 

That the minutes of the Ordinary Council Meeting of 14 June 2018 be confirmed.

 

 

 

NOTICE OF MOTION - CR Hoban - LATE

ITEM L.1      SF2433              280618      NOTICE OF MOTION - Review of Timed Parking and Traffic Signals - Macksville Post ByPass

273/18 RESOLVED:        (Hoban/Ainsworth)

 

1           That in consultation with the Macksville Chamber of Commerce and Traffic Committee Council staff review the timed parking spaces in Macksville to ascertain whether some spaces can be allocated a time limit beyond one hour particularly in locations in proximity to medical centres, dentist surgeries, optometrists and hair salons.

 

2        That Council consult with the Macksville Chamber of Commerce and the Traffic Committee and consider a shared traffic zone in River Street, Macksville.

 

3        That Council consult with the Macksville Chamber of Commerce, Traffic Committee and Council staff prior to making representations to the Hon Melinda Pavey MP, Member for Oxley and Minister for Roads Maritime and Freight requesting RMS conduct an urgent review of the relevance of traffic signals in Macksville and further that RMS be asked to consider contributing financially to the replacement of some or all of the traffic signals with roundabouts.

 

   


 

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                280618      Outstanding Actions and Reports

274/18 RESOLVED:        (Finlayson/Reed)

 

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

 

 

 

 

ITEM 9.2      SF2358              280618      Draft 2018-19 Operational Plan (Budget)

Motion:      (Ainsworth/Finlayson)

 

1        Council adopt the 2018-2019 Operational Plan (Budget) and Revenue Policy incorporating the recommended changes identified in this report; and

 

          Camping Fees – Bolton’s Crossing/Gumma Reserve

 

          Off Season Nightly         Additional Adult     $6.00

                                               Children                 $5.00

 

          Holiday Season Nightly   Additional Adult     $6.00

                                               Children                $5.00

 

 

AMENDMENT:       (Jones/Ballangarry)

 

1           That Council adopt the 2018-2019 Operational Plan (Budget) and Revenue Policy incorporating the recommended changes identified in this report; and

 

          Camping Fees – Bolton’s Crossing/Gumma Reserve

 

          Off Season Nightly         Additional Adult     $6.00

                                               Children                 $5.00

 

          Holiday Season Nightly   Additional Adult     $6.00

                                               Children                $5.00

 

 

2           That the 2019/2020 Operational Plan (Budget) and Revenue Policy documents be provided to  Councillors a month earlier than the 2018/2019 documents.

 

The amendment was carried and became the motion.

 

275/18 Resolved:        (Jones/Ballangarry)

 

1        That Council adopt the 2018-2019 Operational Plan (Budget) and Revenue Policy incorporating the recommended changes identified in this report; and

 

          Camping Fees – Bolton’s Crossing/Gumma Reserve

 

          Off Season Nightly         Additional Adult     $6.00

                                               Children                 $5.00

 

          Holiday Season Nightly   Additional Adult     $6.00

                                               Children                $5.00

 

2        That the 2019/2020 Operational Plan (Budget) and Revenue Policy documents be provided to  Councillors a month earlier than the 2018/2019 documents.

.

 

 

 

 

ITEM 9.3      SF2468              280618      Shed adjoining McKay Street boat ramp in Macksville - Proposed lease to Macksville-Scotts Head Surf Life Saving Club

276/18 RESOLVED:        (Ainsworth/Smyth)

 

Council advertise the draft Plan of Management for the community land being Lot 2 DP 1011698, McKay Street, Macksville for a period of not less than 42 days and include the terms of the proposed lease of the building to the Macksville-Scotts Head Surf Life Saving Club for the building situated on the land.

 

 

 

 

ITEM 9.4      SF2358              280618      Making of Rates and Charges 2018/2019

277/18 RESOLVED:        (Ainsworth/Ballangarry)

 

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 2018/2019 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 ninety cents ($2.90) 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 2018/2019 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 forty cents ($3.40) 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 annual access charge for sewerage services to all residential properties connected to Council's low pressure sewer system in accordance with Section 552(3) of the Act for 2018/2019 is made at five hundred and seventy eight dollars ($578.00) per occupancy for each assessment for residential connections, and have a short title “Sewer Access – Res – Pressured”

 

4          Council resolves that in accordance with Section 501 of the Act, the waste management tip provision charge for 2018/2019 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”.


 

5          Council resolves that in accordance with Section 496 of the Act, the annual charge for 2018/2019 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 2018/2019 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.

 

6          Council resolves that in accordance with Section 496 of the Act the annual charge for 2018/2019 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 a short title of “Vacant Waste Management”.

 

7          Council resolves that in accordance with Section 501 of the Act, the annual charge for 2018/2019 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.

 

8          Council resolves that in accordance with Section 501 of the Act, the annual charge for 2018/2019 for waste service on all occupied rateable land in the Shire, categorised “Business” or “non-Rateable” to which a waste service, including a Bulky Goods Pick-up service is provided, is made at five hundred and forty three dollars ($543.00) per occupancy per assessment, such charge to have a short title of “Commercial Waste with BGP”, 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 separate occupancies and $543.00 is the unit price.

 

9          Council resolves that in accordance with Section 501 of the Act the annual charge for waste for 2018/2019 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”.

 


 

10         Council resolves that in accordance with Section 496A of the Act & Regulation Clause 125AA the annual charge for 2018/2019 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".

 

11         Council resolves that in accordance with Section 496A of the Act & Regulation Clause 125AA the annual charge for 2018/2019 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 ".

 

12         Council resolves that in accordance with Section 496A of the Act & Regulation Clause 125AA the annual charge for 2018/2019 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.

 

13         Council resolves that in accordance with Section 496A of the Act & Regulation Clause 125AA the annual charge for 2018/2019 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".

 

14         Council resolves that a rate of zero point zero zero five nine three dollars ($0.00593) on the land value of all rateable land in the rating category of “Farmland”, is made for the year 2018/2019, subject to a minimum rate of five hundred and twenty six dollars ($526.00) 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.

 

15         Council resolves that a rate of zero point zero zero six zero eight three dollars ($0.006083) on the land value of all rateable land in the rating category “Residential” is made for the year 2018/2019, subject to a minimum rate of seven hundred and forty five dollars ($745.00) 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”.


 

16         Council resolves that a rate of zero point zero zero six zero eight three dollars ($0.006083) on the land value of all rateable land in the rating category “Residential”, sub category “Town” is made for the year 2018/2019, pursuant to Section 516 of the Act, subject to a minimum rate of seven hundred and forty five dollars ($745.00) 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”.

 

17         Council resolves that a rate of zero point zero zero six zero eight three dollars ($0.006083) on the land value of all rateable land in the rating category “Residential”, sub-category “Village/Estates” is made for the year 2018/2019, pursuant to Section 516 of the Act, subject to a minimum rate of seven hundred and forty five dollars ($745.00) 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”.

 

18        Council resolves that a rate of zero point zero zero eight two dollars ($0.0082) on the land value of all rateable land in the rating category “Business” is made for the year 2018/2019, subject to a minimum rate of seven hundred and forty five dollars ($745.00) 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”.

 

19        Council resolves that a rate of zero point zero one two two dollars ($0.0122) on the land value of all rateable land in the rating category “Business”, sub category “CBD” is made for the year 2018/2019, pursuant to Section 518 of the Act, subject to a minimum rate of seven hundred and forty five dollars ($745.00) 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”.

 

20      Council resolves that a rate of zero point zero zero seven eight dollars ($0.0078) on the land value of all rateable land in the rating category “Business”, sub category “Industrial Estate” is made for the year 2018/2019, pursuant to Section 518 of the Act, subject to a minimum rate of seven hundred and forty five dollars ($745.00) 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”.

 

21      Council resolves that a special rate, pursuant to Section 495 of the Act, consisting of a base amount of twenty dollars seventy five cents ($20.75) per assessment, with a short title of “Environmental Base” and an ad-valorem amount of zero point zero zero zero one four five dollars ($0.000145) 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”, are made for the year 2018/2019. The base amount will produce approximately forty seven point four two percent  (47.42%) of the total amount payable by the levying of the special rate so as to comply with Section 500 of the Act.

22        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 2018/2019 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 1”.

 

23        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 2018/2019 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 2018/2019 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 2 (Medium Risk) Sewer Trade Waste, is made for the year 2018/2019 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 2018/2019 pursuant to Section 502 of the Act.

 

25        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 2018/2019 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 2018/2019 pursuant to Section 502 of the Act.

 

26        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 2018/2019 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 4”.

 

27        Council resolves that an annual charge of ninety six dollars ($96.00) for Category 4 Caravan Dump Effluent Disposal, is made for the year 2018/2019 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 2018/2019 pursuant to Section 501 of the Act.

 

28        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 2018-2019 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.

 

29        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 2018-2019 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.

 

30        Council resolves that an annual charge of thirty dollars ($30.00) for On-site Sewer Management Systems (OSSMS) operated in the low risk zone is made for the year 2018-2019 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.

 

31        Council resolves that an interest rate of 7.5% per annum is made for the year 2018/2019, pursuant to Section 566 of the Act, and be charged on overdue rates and charges.

 

 

 

 

ITEM 9.5      SF1148              280618      Council Ranger's Report May 2018

278/18 RESOLVED:        (Wilson/Ballangarry)

 

That the Council’s Ranger’s report for May 2018 be received and noted by Council.

 

 

 

 

ITEM 9.6      SF2482              280618      Macksville Bridge - Brightening the future, highlighting our heritage - Office of Environment & Heritage funding

motion:      (Ainsworth/Wilson)

 

1        That Council accept the funding offer of $100,000 from the Office of Environment and Heritage to support the project: Macksville Bridge – Brightening the future, highlighting our heritage.

 

2        Council allocate an amount of $132,917 from the budget for improvements to Macksville.

 

3           That Council note the total project is valued at $232,917.

 

Amendment:       (Smyth/Jones)

 

That the report be deferred until Council can find out what component of the funding for the lighting is coming from the Environmental.

 

The amendment was lost and reverted back to the motion.

 

 

279/18 Resolved:        (Ainsworth/Wilson)

 

1        That Council accept the funding offer of $100,000 from the Office of Environment and Heritage to support the project: Macksville Bridge – Brightening the future, highlighting our heritage.

 

2        Council allocate an amount of $132,917 from the budget allocation for improvements to Macksville,

 

3        That Council note the total project is valued at $232,917.

 

Cr Smyth asked that her vote be recorded against the motion as she is unsure if the funding for the lighting is coming from the Environmental Levy.

 

 

 

 

ITEM 9.7      SF2423              280618      Development Applications greater than 12 months or where submissions received -  to 20 June 2018

280/18 RESOLVED:        (Ainsworth/Reed)

That the information contained in the report on Development Applications greater than 12 months or where submissions have been received as at 20 June 2018 be noted by Council.

 

 

 

 

ITEM 9.8      SF251                280618      Schedule of Council Public Meetings 2018

281/18 RESOLVED:        (Wilson/Ballangarry)

 

That the schedule of dates for Council meetings in 2018 be noted and received for information by Council.

 

 

 

General Manager Report - LATE

ITEM 9.9      SF24                  280618      Donation to Provide a Tap to Scout's Boatshed - River Street, Macksville

282/18 RESOLVED:        (Ainsworth/Reed)

 

That Council incorporate in its Operational Plan for water in 2018/19 an expenditure of $2,000 for the provision of a water connection to the Scouts boat shed on the River Street foreshore between Willis Street and East Street, Macksville.

 

 

 

Assistant General Manager Engineering Services Report

ITEM 10.1    SF1676              280618      2017-18 Capital Works Program Monthly Report

283/18 RESOLVED:        (Ainsworth/Reed)

 

1        That Council receive and note the information pertaining to the progress of the 2017/2018 Capital Works Program for June 2018.

 

2        That Council revote the allocations of:

 

·      WO 2355 NH Arts & Community Centre Emergency Exit Stairs remaining $15,678.00

·      WO 3055 NH Arts & Community Centre replace roof remaining $57,817.00

·      WO 3074 V-wall upgrade –remaining expenditure at 30 June

·      WO 3085 Lanes Bridge- remaining expenditure at 30 June

·      WO 3098 Gumma Road $90,000.00

·      WO 3093 Scotts Head Road - remaining expenditure at 30 June

 

3        That Council reallocate the amount of $60,000 from WO 1353 Urban Roads heavy patching program onto WO 3203 Mann Street to cover the additional work required for unforeseen subgrade pavement.

 

4        That Council place the savings within the 2017/18 bridge program at 30 June 2018 into a bridge development reserve for use in the 2018/19 budget to construct two “green bridges” in partnership with external industries and potential grant funding.

 

5        That Council note the previous reports provided by the Coordinator of Strategic Planning and Natural Resources on the revote of funds across the special projects program.

 

6        That Council note the previous report provided by Manager Business Development on the land development projects anticipated revotes for the Railway Road industrial estate and Hyland Park residential subdivision, as well as endorse the revote of the remaining expenditure of $21,105.00 on WO 1960 Pool Improvements to complement works in the 2018/19 budget.

 

 

 

7        That Council endorse the revote of funds within the Development and Environment and Natural Resources projects for:

 

·      WO 2161 Cemetery improvements $30,000.00

·      WO 2160 Animal shelter sealing $16,000.00

 

 

 

 

ITEM 10.2    SF1575              280618      Asset Management Plans for Sealed Roads and Buildings

284/18 RESOLVED:        (Smyth/Wilson)

 

That Council endorse the Asset Management Plans for Sealed Roads (TRIM 13651/2018) and Buildings (TRIM 13649/2018).

 

 

 

 

ITEM 10.3    E005/2018          280618      E005/2018 - Design, Construction and Installation of Water and Sewerage Infrastructure to the new Macksville Hospital

285/18 RESOLVED:        (Ainsworth/Wilson)

 

1        That Council endorse the pre selection of the following contractors to be invited to submit a tender for the contract to provide water and sewerage infrastructure to the new Macksville Hospital site:

 

·      A J Civil Project Pty Ltd

·      Ledonne Constructions Pty Ltd

·      Northpipe Constructions

 

2        That Council accept the fee proposal from NSW Public Works for the project management of the contract including preparation of contract documentation and tender assessment.

 

Upon being put to the meeting, the motion was declared carried.

 

For the Motion:                      Councillors Ainsworth, Ballangarry, Finlayson, Hoban, Jones, Reed, Smyth and Wilson

Total (8)

Against the Motion:                Nil

Total (0)

 

 

 

 

ITEM 10.4    SF90                  280618      Nambucca Shire Traffic Committee Meeting Minutes - 5 June 2018

286/18 RESOLVED:        (Reed/Ainsworth)

 

1        That Council receive and note the agenda and minutes emanating from the Nambucca Shire Traffic Committee held on the 5 June 2018.

 

2        That Council review advanced warning signage at the approaches to the corner of Binalong Way and Yarrawonga Street (North intersection) and the bridge over the railway line on Upper Warrell Creek Road (entry into the Industrial Estate) and install additional signage where necessary.

 

3        That the Nambucca Shire Local Traffic Committee recommends that Council approve the road closure for the Volkswagen Spectacular event noting the following documentation being received by Council:

 

·      Certificate of Currency for Public Liability Insurance

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

·      Police advice of the road closure.

 

          and advertise the road closure seven (7) days prior to the event as follows:

 

          Event:         Volkswagen Spectacular 2018

          Date:           4 August 2018

Time:          8.00am and 1.30pm

          Streets:       Bowra St and Mann Street, Nambucca Heads from Ridge Street to Palmer Street

 

 

 

 

ITEM 10.5    SF2195              280618      World Rally Road Damage Claim

287/18 RESOLVED:        (Smyth/Wilson)

 

1        That Council receive and note that the claim for damages of $108,795.79 to Council’s roads for the 2016 World Rally Event has now been paid in full.

 

2        That Council note that World Rally Australia has acknowledged the damages of $40,103.13 (inc GST), for the 2017 Rally event and that a debtor has been raised by Council to recoup the expenditure incurred on the repair of the roads.

 

 

 

Assistant General Manager Engineering Services Report - LATE

ITEM 10.6    SF2393              280618      Event on Council Land Application - Naidoc Week March, High Street Bowraville

288/18 RESOLVED:        (Reed/Jones)

 

1        That Council endorse the Temporary Road Closure Application from Miimi Aboriginal Corporation to conduct the 2018 NAIDOC Week March to be held between 9.30am and 11.00am on Monday 9 July 2018 as follows:

 

·      High Street, Bowraville – Bowra Street to Young Street

 

2        That Council notes the following information will be received prior to approval

 

·      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.

 

 

     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

289/18 RESOLVED:        (Ainsworth/Reed)

 

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

 

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

 

Reason reports are in Closed Meeting:

 

 

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 11.1    E005/2018          280618      E005/2018 - Design, construction and installation of water and sewerage infrastructure to the new Macksville Hospital

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

 

 

For Confidential Business Paper in Closed Meeting

ITEM 11.2    SF2432              280618      Notice of Change in Laws – China's National Sword Policy

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 11.3    SF1549              280618      Incidents Pertaining to Regulatory Non-Compliance, Fines, Penalties, Prosecutions, Potential Major Claims or Loss of Reputation

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 11.4    SF913                280618      Review of Lease, Water Licence and Rates - 72 Grassy Road, Bowraville

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) (b) of the Local Government Act, 1993, on the grounds that the report contains a discussion in relation to the personal hardship of a resident or ratepayer.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 11.5    SF1437              280618      Stuart Island - Renewal of Lease to Golf Club - Representations from the Wanggaan (Southern) Gumbaynggirr Nation Aboriginal Corporation

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) (b) (h) of the Local Government Act, 1993, on the grounds that the report contains a discussion in relation to the personal hardship of a resident or ratepayer; AND the report contains information concerning the nature and location of a place or an item of Aboriginal significance on community land.

 

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 6.41 pm.

 

RESUME IN OPEN MEETING

290/18 RESOLVED:        (Ainsworth/Finlayson)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at  7.49 pm

 

 

FROM COUNCIL IN CLOSED MEETING

 

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 11.1    E005/2018          280618      E005/2018 - Design, construction and installation of water and sewerage infrastructure to the new Macksville Hospital

291/18 RESOLVED:        (Jones/Ainsworth)

 

1        That Council endorse the evaluation of the pre selection of the following contractors to be invited to submit a tender for the contract to provide water and sewerage infrastructure to the new Macksville Hospital site:

 

·      A J Civil Project Pty Ltd

·      Ledonne Constructions Pty Ltd

·      Northpipe Constructions

 

2        That Council accept the fee proposal in the sum of $ 89,947 excluding GST from NSW Public Works for the project management of the contract including preparation of contract documentation and tender assessment.

 

Upon being put to the meeting, the motion was declared carried.

 

For the Motion:                Councillors Ainsworth, Ballangarry, Finlayson, Hoban, Jones, Reed, Smyth and Wilson

Total (8)

Against the Motion:         Nil

Total (0)

 

 

For Confidential Business Paper in Closed Meeting

ITEM 11.2    SF2432              280618      Notice of Change in Laws – China's National Sword Policy

292/18 RESOLVED:        (Ainsworth/Wilson)

 

1        That Council receive and note the information.

 

2        That Council note that HWL Ebsworth has acted on behalf of Council and have issued a letter disputing the Change in Law clause attributed to the National China Sword Policy.

 

3        That the General Manager and Contract Managers be authorised to enter into a negotiated offset percentage for some portion of the expense being incurred by Handybin Waste Services (Coffs Harbour) Pty Ltd.

 

4        That a further report be presented to Council following the outcome of recommendation Item No.3 above.

 

5        That Council makes representation to Coffs Harbour City Council to bring forward negotiations on the revenue split from the container deposit scheme.

 

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 11.3    SF1549              280618      Incidents Pertaining to Regulatory Non-Compliance, Fines, Penalties, Prosecutions, Potential Major Claims or Loss of Reputation

293/18 RESOLVED:        (Reed/Wilson)

 

That the information concerning incidents pertaining to regulatory non-compliance, fines, penalties, prosecutions, potential major claims or loss of reputation be received.

 

 


 

 

For Confidential Business Paper in Closed Meeting

ITEM 11.4    SF913                280618      Review of Lease, Water Licence and Rates - 72 Grassy Road, Bowraville

294/18 RESOLVED:        (Ainsworth/Reed)

 

In relation to Council’s land at 72 Grassy Road that Council:

 

1        The Sewer Fund reduce the rent by 50% from 2017 until such time as the Council can provide recycled effluent of a quality that can be used to irrigate crops.

 

2        The Sewer Fund subsidise by 50% the property rates from 2017 until such time as Council can provide recycled effluent of a quality that can be used to irrigate crops as the tenant has fallen into arrears

 

3        The Sewer Fund pay the full water licence fee until such time as the Council can provide recycled effluent water of a quality that can be used to irrigate crops.

 

 

 

 

For Confidential Business Paper in Closed Meeting - Late

ITEM 11.5    SF1437              280618      Stuart Island - Renewal of Lease to Golf Club - Representations from the Wanggaan (Southern) Gumbaynggirr Nation Aboriginal Corporation

295/18 RESOLVED:        (Ainsworth/Reed)

 

1        In relation to the renewal of the lease for the Nambucca Heads Island Golf Course, that Council advise the Nambucca Heads Island Golf Club of the progress of recent discussions with the Registered Native Title Prescribed Body Corporate being the Wanggaan (Southern) Gumbaynggirr Nation Aboriginal Corporation.

 

2           That pending the outcome with the Nambucca Heads Island Golf Club Council consider whether legal advice should be sought.

 

3        That Council write to the Minister of Lands requesting confirmation of the exact nature of the demand from the Wanggaan (Southern) Gumbaynggirr Nation Aboriginal Corporation specifically whether it is a Compensation Claim or a Native Title Claim and where it is up to.

 

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.50 pm.

 

Confirmed and signed by the Mayor on 12 July 2018.

 

 

 

 

 

Cr Rhonda Hoban

MAYOR

(CHAIRPERSON)