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Ordinary
Council Meeting |
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MINUTES OF THE Ordinary Council
Meeting HELD ON 16 July 2009 |
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PRESENT
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Cr Rhonda Hoban (Mayor) |
Cr John Ainsworth |
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Cr Martin Ballangarry OAM |
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Cr Brian Finlayson |
Cr Paula Flack |
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Cr Mike Moran OAM |
Cr Elaine South |
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Cr Anne Smyth |
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ALSO PRESENT
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Greg Meyers (Director Environment & Planning) |
Chris Mattick (Manager Information Technology) |
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Monika Schuhmacher (Minute Secretary) |
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PRAYER
The Reverend Gillian Jones, from the
Anglican Church Macksville, offered a prayer on behalf of the Nambucca
Minister's Association.
Ordinary Council Meeting
SUBJECT: DISCLOSURE OF INTEREST
Cr Flack Item 9.4
Councillor P Flack declared a non-pecuniary
significant conflict of interest in Item 9.4 Request by Nambucca River Jockey Club to Purchase Council Land at the
Bowraville Racecourse Precinct under the Local Government Act as a family
members own adjoining property. Cr Flack
left the meeting for this item.
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SUBJECT: CONFIRMATION
OF MINUTES - Ordinary Council Meeting 2 July 2009 |
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1382/09 RESOLVED: (Court/Flack) That the minutes
of the Ordinary Council Meeting of 2 July 2009 be confirmed. |
NOTICE OF MOTION – CR Ainsworth
NOTICE OF MOTION – CR Ainsworth
NOTICE OF MOTION – CR Moran OAM
NOTICE OF MOTION – CR Moran OAM
NOTICE OF MOTION – CR Smyth
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DELEGATIONS |
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1387/09 Resolved: (Flack/South) That the following delegations be heard and the respective Items be
brought forward: ITEM 9.1 SF1150 160709 Report
on Exhibition of Draft DCP 3 - Residential Development (Item 9.1 in the General
Purpose Committee) Mr
Jock Palmer—did not attend the Council meeting. ITEM 10.2 SF544 160709 Proposed Road Link between i) Ms Leanne Boatfield—Objector ii) Mr Stan Green—Objector Ms Boatfield
addressed Council speaking to a prepared statement which is on file. 1388/09 Resolved: (Flack/Ballangarry) That Ms Boatfield be granted an extension of time. Mr Green addressed Council making the
following points: ·
Racist attack re sacred site if link goes
ahead ·
Increased traffic, could cause accidents
at kindergarten ·
Is Council prepared to take this risk 1389/09 Resolved: (Court/Smyth) That Mr Green be granted an extension of
time. ·
No one in affected area wants link ·
Outcome of this item will be remembered at
Council’s next election Clarification
by Mayor: Actual Development
application has not been lodged.
Application for the Minister to determine it as a major project has
been lodged. |
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
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1396/09 RESOLVED: (Flack/Ainsworth) That
the list of outstanding actions and reports be noted and received for
information by Council. |
Cr
Flack left the meeting for Item 9.4 at 7.15 pm and returned after the
conclusion of Item 9.4, at 7.16 pm.
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ITEM 9.5 SF1213 160709 Special Rate Variation and Making of Rates - 2009/2010 |
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1401/09 Resolved: (Ainsworth/South) 1 That it be confirmed that in
accordance with Section 501 of the Local Government Act 1993, the annual
standing charge for water supply services to all properties connected or able
to be connected to Council’s water supply in accordance with Section 552(1)
of the Local Government Act 1993 for 2009/2010 is made at sixty six dollars
($66.00) per assessment, for a 20mm or 25mm connection, two hundred and sixty
four dollars ($264.00) for a 40mm connection, four hundred and twelve dollars
and fifty cents ($412.50) per assessment for a 50mm connection, one thousand
and fifty six dollars ($1,056.00) for a 80mm connection and one thousand six
hundred and fifty dollars ($1,650.00) for a 100mm connection, with a consumption charge of one dollar and
thirty seven cents ($1.37) per kilolitre to apply to all water consumption
and such charges to have a short title of “Water Charge”. 2 That it be confirmed that in
accordance with Section 501 of the Local Government Act 1993 the annual
access charge for sewerage services to all properties connected or able to be
connected to Council's sewer in accordance with Section 552(3) of the Local
Government Act 1993 for 2009/2010 is made at three hundred and eighty five
dollars ($385.00) per assessment for
single residential connections, two hundred and thirty six dollars
($236.00) per assessment for 20mm non
residential connection, six hundred and four dollars ($604.00) per assessment
for 40mm non residential connection, nine hundred and two dollars ($902.00)
per assessment for 50mm non residential connection, two thousand one hundred
and ninety eight dollars ($2,198.00) per assessment for 80mm non residential
connection, three thousand three hundred and eighty eight dollars ($3,388.00)
per assessment for 100mm non residential connection and two hundred and
twenty six dollars ($226.00) for vacant land/non connection with a sewer
usage charge of one dollar and eighty six cents ($1.86) per kilolitre to be
calculated on the estimated volume discharged
from all properties excluding single residential connections using the
total water consumption based on Land and Water Conservation's formula and
Department of Energy, Utilities and Sustainability's best practice pricing
guidelines and such charge to have a short title of "Sewerage
Charge". 3 That it be confirmed that in
accordance with Section 501 of the Local Government Act 1993, the waste
management tip provision charge for 2009/2010 is made at ninety eight dollars
($98.00) per assessment for properties which do not receive a domestic waste
or other waste service; such charge to have the short title of “Waste
Management Tip Provision”. 4 That in accordance with Section 496
of the Local Government Act 1993, the annual charge for 2009/2010 for
domestic waste service on all occupied rateable land in the Shire,
categorised Residential or Farmland under Section 515 or 516 of the Local
Government Act 1993 to which a domestic waste service is provided, is made at
four hundred and thirty eight dollars ($438.00) per separate occupancy per
land parcel/assessment, such charge to have a short title of “Domestic Waste
Management — Occupied”, the amount of the annual charge
will be the amount derived by applying the formula A = B x $438.00, where “A”
equals the annual charge, “B” equals the number of separate occupancies and
$438.00 is the unit price. 5 That it be confirmed that in
accordance with Section 496 of the Local Government Act 1993 the annual
charge for 2009/2010 for domestic waste on all vacant rateable land in the
Shire, categorised Residential (under Section 516 of the Local Government Act
1993) and located within the confines of the towns of Nambucca Heads, Valla
Beach, Hyland Park, Macksville, Bowraville and Scotts Head and the villages
of Taylors Arm Upper, Taylors Arm Lower, Eungai Rail, Eungai Creek, Warrell
Creek and Donnellyville and all land within the rural sector with a
residential building entitlement and within a subdivision both past and
present which results in the concentration of holdings to create an estate of
two or more lots, all ribbon development lots along rural roads contiguous to
developed estates, all ribbon development lots along rural roads immediately opposite
to developed estates, and categorized RESIDENTIAL – VILLAGE/ESTATES, where
the domestic waste collection service is available, is made at one hundred
and twenty six dollars ($126.00) per assessment, such charge to have short
title of “Domestic Waste Management – Vacant”. 6 That it be confirmed that in
accordance with Section 501 of the Local Government Act, 1993 the annual
charge for 2009/2010 for waste service on all occupied rateable land in the
Shire, categorised Business (under Section 518 of the Local Government Act
1993) to which a waste service is provided, is made at four hundred and
thirty eight dollars ($438.00) per separate occupancy per land
parcel/assessment, such charge to have a short title of “Waste Management —
Occupied”, the amount of the annual charge will be the amount derived
by applying the formula A = B x $438.00, where “A” equals the annual charge,
“B” equals the number of separate occupancies and $438.00 is the unit price. 7 That it be confirmed that in
accordance with Section 502 of the Local Government Act 1993 the waste
service charge for 2009/2010 for actual use of accessing weekly waste service
by non rateable properties is made at eight dollars and forty two cents
($8.42) per week per service per separate occupancy per land
parcel/assessment, such charge to have the short title “Waste Management —
Non Rateable”, and the amount of the charge will be the amount derived
by applying the formula A = B x C X $8.42, where “A”
equals the charge, “B” equals the number of separate occupied sites,
"C" equals the number of weekly services and $8.42 is the unit
price per service per week. 8 That it be confirmed that in
accordance with Section 501 of the Local Government Act 1993 the annual
charge for waste for 2009/2010 on all vacant rateable land in the Shire,
categorised business (under Section 518 of the Local Government Act 1993) and
located within the confines of the towns of Nambucca Heads, Valla Beach,
Hyland Park, Macksville, Bowraville and Scotts Head and the villages of
Taylors Arm Upper, Taylors Arm Lower, Eungai Rail, Eungai Creek, Warrell
Creek and Donnellyville, is made at one hundred and twenty six dollars
($126.00) per assessment, such charge to have a short title of “Waste
Management — Vacant”. 9 That it be confirmed that in
accordance with Section 496A & 510A of the Local Government Act 1993 the
annual charge for 2009/2010 for stormwater management services on all
rateable privately owned developed non strata residential land located within
the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park,
Macksville, Bowraville and Scotts Head is made at twenty five dollars
($25.00) per land parcel/assessment, such charge to have a short title
"Stormwater Management—Residential Charge". 10 That it be confirmed that in
accordance with Section 496A & 510A of the Local Government Act 1993 the
annual charge for 2009/2010 for stormwater management services on all
rateable privately owned developed strata residential land located within the
confines of the towns of Nambucca Heads, Valla Beach, Hyland Park,
Macksville, Bowraville and Scotts Head is made at twelve dollars and fifty
cents ($12.50) per lot/assessment, such charge to have a short title
"Stormwater Management—Residential Strata Charge". 11 That it be confirmed that in
accordance with Section 496A & 510A of the Local Government Act 1993 the
annual charge for 2009/2010 for stormwater management services on all
rateable privately owned developed urban business land and located within the
confines of the towns of Nambucca Heads, Valla Beach, Hyland Park,
Macksville, Bowraville and Scotts Head is made at twenty five dollars
($25.00) per land parcel/assessment plus an additional twenty five dollars
($25.00) for each 350 square metres or part of 350 square metres by which the
area of the parcel of land exceeds 350 square metres, such charge to have a
short title "Stormwater Management Business Charge". 12 That it be confirmed that in
accordance with Section 496A & 510A of the Local Government Act 1993 the
annual charge for 2009/2010 for stormwater management services on all
rateable privately owned developed urban business strata lots/land and
located within the confines of the towns of Nambucca Heads, Valla Beach,
Hyland Park, Macksville, Bowraville and Scotts Head is made at an amount
equal to twenty five dollars ($25.00) per strata plan land parcel (parent
parcel) plus an additional twenty five dollars ($25.00) for each 350 square
metres or part of 350 square metres by which the area of the parcel of land exceeds
350 square metres divisible on a pro rata basis between the strata lots, such
charge to have a short title "Stormwater Management-Business Strata
Charge". 13 That a rate of zero point three two
one six nine one cents in the dollar (0.321691¢) on the land value of all
rateable land in the rating category of “Farmland”, be now made for the year
2009/2010, subject to base amount of four hundred and forty five dollars
($445.00) per assessment, (Section 499) so that the levying of the base
amount will produce twenty nine point seven four (29.74) per cent of the
total amount payable by the levying of this ordinary rate for this category
so as to conform with Section 500 of the Local Government Act 1993 as
amended, as provided by Section 537 of the Act and determined by Section 536
of the Act, such rate to apply to all properties categorised as “Farmland”,
pursuant to Section 515 of the Local Government Act 1993 as amended, such
rate to have a separate short title of “Farmland” in accordance with Section
543 of the Act. 14 That a rate of zero point three eight
five two four four cents in the dollar (0.385244¢) on the land value of all
rateable land in the rating category “Residential” be now made for the year
2009/2010, subject to a minimum rate of six hundred and forty eight dollars
and twenty five cents ($648.25) per assessment, such rate to apply to all
properties categorised as “Residential”, pursuant to Section 516 of the Local
Government Act 1993 as amended, excluding all properties in the sub categories
“Residential-Town” and “Residential-Village/Estates”, such rate to have a
separate short title of “Residential-Rural” in accordance with Section 543 of
the Act. 15 That a rate of zero point three eight
five two four four cents in the dollar (0.385244¢) on the land value of all
rateable land in the rating category “Residential”, sub category “Town” be
now made for the year 2009/2010, subject to a minimum rate of six hundred and
forty eight dollars and twenty five cents ($648.25)per assessment, such rate to
apply to all rateable land located in centres of population described as
comprising all properties zoned residential, and land not otherwise
categorised, located in the towns of Nambucca Heads, Hyland Park, Macksville,
Bowraville, Scotts Head and Valla Beach and serviced with water supply,
sewerage, or septic tank, such rate to have a separate short title of
“Residential-Town”, in accordance with Section 543 of the Act. 16 That a rate of zero point three eight
five two four four cents in the dollar (0.385244¢) on the land value of all
rateable land in the rating category “Residential”, sub-category
“Village/Estates” be now made for the year 2009/2010, subject to a minimum
rate of six hundred and forty eight dollars and twenty five cents ($648.25)
per assessment, such rate to apply to all rateable land located in the
villages of Eungai Rail, Eungai Creek, Warrell Creek, Donnellyville, Taylors
Arm – Upper and Lower, and all Estates comprising all residential land within
the rural sector with a residential building entitlement and within a
subdivision both past and present which results in the concentration of
holdings to create an estate of two or more lots, all ribbon development
residential lots along rural roads contiguous to developed estates and villages
and all ribbon development residential lots along rural roads immediately
opposite to developed estates, such rate to have a separate short title
“Residential – Village/Estates”, in accordance with Section 543 of the Act. 17 That a rate of zero point five three
eight zero four eight cents in the dollar (0.538048¢) on the land value of
all rateable land in the rating category “Business” be now made for the year
2009/2010, subject to a minimum rate of six hundred and forty eight dollars
and twenty five cents ($648.25) per assessment, such rate to apply to all
properties categorised as “Business”,
pursuant to Section 518 of the Local Government Act 1993 as amended,
excluding all properties in the sub categories “Business-Manufactured Home
Community”, “Business-Caravan Park”, “Business-Commercial” and
“Business-Industrial”, such rate to have a separate short title of “Business”
in accordance with Section 543 of the Act. 18 That a rate of zero point five three
eight zero four eight cents in the dollar (0.538048¢) on the land value of
all rateable land in the rating category “Business”, sub category
“Manufactured Home Community”, be now made for the year 2009/2010, subject to
a minimum rate of six hundred and forty eight dollars and twenty five cents
($648.25) per assessment, such rate to apply to all rateable properties being
Assessment Number 2495/03270.4 known as “Faringdon Village” and Assessment
Number 2836/52700.8 known as “Newville Cottage Park”, such rate to have a
short title of “Business-Manufactured Home Community” (Man Home Comm) in
accordance with Section 543 of the Act. 19 That a rate of zero point nine two
six zero nine six cents in the dollar (0.926096¢) on the land value of all
rateable land in the rating category “Business”, sub category “Caravan Park”,
be now made for the year 2009/2010, subject to a minimum rate of six hundred
and forty eight dollars and twenty five cents ($648.25) per assessment, such
rate to apply to the rateable properties being Assessment Numbers:
such rate to have a short title of “ 20 That a rate of zero point eight six
six six six three cents in the dollar (0.866663¢) on the land value of all
rateable land in the rating category “Business”, sub category “CBD” be now
made for the year 2009/2010, subject to a minimum rate of six hundred and
forty eight dollars and twenty five cents ($648.25) per assessment, such rate
to apply to all rateable properties categorised as “Business”, sub category
“CBD” in the towns of Nambucca Heads, Bowraville, Macksville, Valla Beach,
Scotts Head and such rate to have a separate short title of “Business-CBD” in
accordance with Section 543 of the Act. 21 That a rate of zero point five three
eight zero four eight cents (0.538048¢) in the dollar on the land value of
all rateable land in the rating category “Business”, sub category “Industrial
Estate” be now made for the year 2009/2010, subject to a minimum rate of six
hundred and forty eight dollars and twenty five cents ($648.25) per
assessment, such rate to apply to all rateable properties categorised as
“Business”, sub category “Industrial Estate” in the towns of Nambucca Heads,
Macksville, and such rate to have a separate short title of
“Business-Industrial Estate” in accordance with Section 543 of the Act. 22 That a special rate of zero point zero
one zero seven one five cents (0.010715¢) in the dollar on the land value of
all rateable land in Council’s area (Section 538) be now made for the year
2009/2010, subject to a base amount of seventeen dollars ($17.00) per
assessment (Section 499) so that the levying of the base amount will produce
forty nine point seven (49.7) per cent of the total amount payable by the
levying of the special rate so as to conform with Section 500 of the Local
Government Act 1993 as amended, as provided by Section 537 of the Act and
determined by Section 536 of the Act.
Such special rate to have a separate short title of “Environmental” in
accordance with Section 543 of the Act. 23 That a rate of seventy eight dollars
($78.00) be the annual fee for Category 1 (Low Risk) Sewer Trade Waste now be
made for the year 2009/2010. 24 That a rate of seventy eight dollars
($78.00) be the annual fee for Category 1A (Low Risk) Sewer Trade Waste now
be made for the year 2009/2010. 25 That a rate of one hundred and thirty
dollars ($130.00) be the annual fee for Category 2 (Medium Risk) Sewer Trade
Waste with one dollar and forty eight cents ($1.48) for the Usage Charge per
kilolitre be now made for the 2009/2010. 26 That a rate of one hundred and thirty
dollars ($130.00) be the annual fee for Category 3 (High Risk) Sewer Trade
Waste with a one dollar per kilogram for Excess Mass Charge now be made for
the year 2009/2010. 27 That a rate of seventy eight dollars
($78.00) be the annual fee for Category 4 Septic tank Effluent Disposal Sewer
Trade Waste now be made for the year 2009/2010. 28
That
a rate of seventy eight dollars ($78.00) be the annual fee for Category 4
Caravan Dump Effluent Disposal with a charge of one hundred and fourteen
dollars ($114.00) for Disposal at Treatment Works with a maximum of 2,500L
Disposals over 2,500L will have an additional charge of forty one dollars
($41.00) per 1000L. Motion: (Flack/Ainsworth) That Council have a workshop on rating to review categories generally. Amendment: (Hoban/Ainsworth) That Council be provided with a workshop to explain the making of rates and rating categories generally. The amendment was carried and it became the motion and it was: 1402/09 Resolved: (Hoban/Ainsworth) 29 That Council be provided with a workshop to explain the making of rates and rating categories generally. Note: Cr Moran
requested that his vote be recorded as against this resolution. |
General Manager Report - LATE
Director Environment and
Planning Report
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ITEM 10.7 SF283 160709 Report on Minutes of Access Committee Meeting 23 June 2009 |
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1411/09 RESOLVED: (Court/Flack) That the minutes of the Access Committee
meeting held on 23 June 2009 be noted. |
Director Engineering
Services Report
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1412/09 RESOLVED: (Flack/Finlayson) That this item be deferred so that Councillors can make comments to
the Director Engineering Services so he may consider them in a further report
to Council. |
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The meeting adjourned at 7.45 pm. The
meeting resumed at 8.15 pm. Cr
Moran did not return to the meeting. |
General Purpose Committee
REPORT
Item 9.1 was dealt with under Delegations.
Item 10.2 was dealt with under Delegations.
QUESTIONS WITHOUT NOTICE
There were no questions without Notice.
General Manager Report
For Confidential Business Paper in Closed
Meeting
ITEM 12.1 16504/2009 160709
It is recommended that the Council resolve
into closed session with the press and public excluded to allow consideration
of this item, as provided for under Section 10A(2) (d) of the Local Government
Act, 1993, on the grounds that the report contains commercial information of a
confidential nature that would, if disclosed (i) prejudice the commercial
position of the person who supplied it; or (ii) confer a commercial advantage
on a competitor of the Council; or (iii) reveal a trade secret.
For Confidential Business Paper in Closed
Meeting
ITEM 12.2 16575/2009 160709 Plant
Operations Reports - Paveliner and Major Plant
It is recommended that the Council resolve
into closed session with the press and public excluded to allow consideration
of this item, as provided for under Section 10A(2) (g) of the Local Government
Act, 1993, on the grounds that the report contains advice concerning
litigation, or advice that would otherwise be privileged from production in
legal proceedings on the ground of legal professional privilege.
CLOSED MEETING
The Ordinary
Council Meeting IN CLOSED MEETING commenced at 8.19 pm.
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That Ordinary
Council Meeting resume in OPEN MEETING.
The Ordinary Council Meeting resumed IN
OPEN MEETING at 8.57 pm |
FROM COUNCIL IN
CLOSED MEETING
General Manager
Report
For Confidential Business Paper in Closed
Meeting
For Confidential Business Paper in Closed
Meeting
CLOSURE
There being no further business the Mayor then
closed the meeting the time being 8.58 pm.
Confirmed and signed by the Mayor on 6 August 2009.
CR RHONDA HOBAN
MAYOR
(CHAIRPERSON)