NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 21 July 2011

 

The following document is the minutes of the Council meeting held on 21 July 2011.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 4 August 2011 and therefore subject to change.  Please refer to the minutes of 4 August 2011 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr Janet Court

Cr Brian Finlayson

Cr Paula Flack

Cr Mike Moran OAM

Cr Anne Smyth

Cr Elaine South

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Phillip Gall (Acting Director Environment & Planning)

Paul Gallagher (Director Engineering Services)

Lorraine Hemsworth (Minute Secretary)

 

 

APOLOGY

 

Cr John Ainsworth

Cr Martin Ballangarry OAM

 

 

PRAYER

 

Pastor Peter Lott, Christian Life Centre offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

There was no Disclosure of Interests received.

 

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 7 July 2011

2957/11 RESOLVED:       (Moran/Flack)

 

That the minutes of the Ordinary Council Meeting of 7 July 2011 be confirmed subject to :

 

Page 4  The Motion which was lost read as ...opportunities for the improved native vegetation …..

 

 

 

DELEGATION

 

2958/11 Resolved:       (Flack/South)

 

That the delegation be heard and that the offer from Ms Janine Reed to respond to any queries that may arise when discussing ITEM 11.5 (Item 10.3 in the General Purpose Committee          Minutes being the Encroachment of Autumn Lodge onto Dawkins Park RF203) be accepted.

 

 

 

 

ITEM 11.5         SF415            210711      Encroachment of Autumn Lodge onto Dawkins Park RF203  (Item 10.3 in the General Purpose Committee)

Motion:      (Court/Flack)

 

That Nambucca Valley Care Limited apply for an adjustment to the boundary that takes into account all existing encroachments plus a suitable setback to a new boundary.

 

The Motion was withdrawn.

 

2959/11 ReSOLVED:       (Hoban/Finlayson)

 

a        That Council request that Nambucca Valley Care Limited submit their Development Application indicating their proposed use for the community owned land and on receipt of a Development Application Council proceed to undertake the necessary community consultation for reclassification of the land as well as undertaking the public exhibition of the Development Application.

 

b        That Nambucca Valley Care Limited enter into a Deed of Agreement with Council undertaking to pay all costs associated with the disposal, reclassification and rezoning including (but not limited by) survey, legal, valuation, land value, Council fees and any costs to rectify existing infrastructure.

 

c        That Council advise Nambucca Valley Care Limited that the lodgement of the Development Application and procedure to reclassify should not be regarded as pre-empting the outcome of the Development Application or application to reclassify the land. 

 

d        That Nambucca Valley Care Limited be advised the disposal of the land may be by sale, lease or easement for the life of the facility.

 

 

 

ASKING OF QUESTIONS WITH NOTICE

 

There were no Questions With Notice.

 

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

There were no Questions for Closed Meeting where due Notice has been received.

 

 

General Manager Report

ITEM 8.1      SF959                210711      Outstanding Actions and Reports

2960/11 RESOLVED:       (Flack/Court)

 

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

 

 

 

 

 

ITEM 8.2      LF5861               210711      Classification of Land - Lot 45 DP1149595, Oyster Drive, Valla

2961/11 RESOLVED:       (South/Finlayson)

 

That Lot 45 DP 1149595, Oyster Drive Valla be classified as Operational Land pursuant to and in accordance with the Local Government Act 1993.

 

 

 

 

 

ITEM 8.3      SF1538              210711      Classification of Operational Land - Susanah Place, Macksville

2962/11 RESOLVED:       (Flack/South)

 

That Lot 19 DP 1162372, Susanah Place, Macksville be classified as Operational Land pursuant to and in accordance with the Local Government Act 1993.

 

 

 

ITEM 8.4      SF394                210711      Investment Report to 30 June 2011

2963/11 RESOLVED:       (Smyth/Court)

 

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

 

 

 

 

ITEM 8.5      SF1579              210711      2011/2012 Interest on Overdue Rates and Charges

2964/11 RESOLVED:       (Smyth/South)

 

That the interest rate on overdue rates and charges be made at 11% for the 2011/2012 financial year.

 

 

 

ITEM 8.6      SF1031              210711      Current Policies Awaiting Review and New Policies Awaiting Development

2965/11 RESOLVED:       (Flack/Court)

 

That the information concerning current policies awaiting review and new policies awaiting development be received.

 

2966/11 Resolved:       (Court/Flack)

 

That the policies be organised and made functional under each Directorate and the regular review and updating of the policies be the responsibility of each Director.

 

 

 

 

ITEM 8.7      SF1560              210711      Traffic & Pedestrian Control in Bowraville - World Rally Championship - Saturday 10 September 2011

2967/11 RESOLVED:       (South/Finlayson)

 

That a budget allocation of $5,500 be provided for the World Rally Championship.

 

2968/11 Resolved:       (Flack/South)

 

That Council receive a full briefing from the World Rally Organisers and the Manager Business Development covering:

 

·                     final routes;

·                     public consultation;

·                     planning;

·                     costs to Council; and

·                     risk management

 

 

 

Director Environment and Planning Report

ITEM 9.1      SF1148              210711      Contract Regulatory Officer's Report June 2011

2969/11 RESOLVED:       (Flack/South)

 

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

 

 

 

 

 

ITEM 9.2      SF1589              210711      DEP Applications and Statistical Reports July 2010-June 2011, 2007-2011 and Certificates Received 2007-2011

2970/11 RESOLVED:       (Court/Flack)

 

1          That Council note development application statistics and processing times for July 2010-June 2011 compared with July 2009-June 2010.

 

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

 

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

 

 

 

 


 

ITEM 9.3      SF1589              210711      Outstanding DA's greater than 12 months, applications where submissions received not determined to 11 July 2011

2971/11 RESOLVED:       (Flack/South)

 

That the applications where submissions have been received be noted and received for information by Council.

 

 

 

ITEM 9.4      SF1589              210711      DA's and CDC's Received and Determined under Delegated Authority to 11 July 2011

2972/11 RESOLVED:       (Flack/Court)

 

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

 

 

 

Director Engineering Services Report

ITEM 10.1    SF1669              210711      Nambucca District Water Supply - Project Management for Construction Phase of Project

2973/11 RESOLVED:       (Hoban/South)

 

1        That Council seek a proposal from Public Works to project manage the construction contract for the Off River Storage Project with a view to extending their engagement should the proposal be considered acceptable.

 

2        That the Public Works proposal be reported back to Council for determination.

 

 

 

ITEM 10.2    SF844                210711      Nambucca District Water Supply Steering Committee Meeting - 6 July 2011

2974/11 RESOLVED:       (Court/Flack)

 

1          That Council adopt the minutes of the Steering Committee Meeting held on 6 July 2011.

 

2          That negotiations with NSW Forests consider options to minimise harvesting impacts in the non-inundation zone.

 

3          That Council adopt the process for Construction Procurement as outlined in the report prepared for the Steering Committee.

 

4          That a report to Council be prepared on the assessment of the Expression of Interest with a recommendation of the shortlisted contractors to be invited to participate in an Early Tender Involvement process.  The report is to be provided for the General Purpose meeting on 18 August 2011.

 

 

ITEM 10.3    SF86                  210711      State Emergency Service Plan 2011-2015 "One SES"

2975/11 RESOLVED:       (Court/Finlayson)

 

That Council receive and note the information.

 

Cr Moran requested that his vote be recorded against the Motion.

 

Amendment:       (Hoban/Flack)

 

That Council receive, note the information and write to the appropriate Minister expressing Council’s disappointment that nowhere in the plan is there an expressed desire let alone a requirement for financial efficiency or sustainability.

 

The Amendment was carried and became the Motion which was:

 

2976/11 Resolved:       (Hoban/Flack)

 

That Council receive, note the information and write to the Minister expressing Council’s disappointment that nowhere in the plan is there an expressed desire let alone a requirement for financial efficiency or sustainability.

 

 

  

General Purpose Committee REPORT

ITEM 11.2         SF1031          210711      Policy - Recommended Climate Change Adaptation (Item 9.1 in the General Purpose Committee)

Motion:      (Flack/Ballangarry)

 

1       That Council adopt the Draft Climate Change Adaptation Policy.

 

2        That the Draft Climate Change Adaptation Policy be publicly exhibited in accordance with the provision of Section 160 of the Local Government Act 1993,

 

3       That the draft policy be exhibited on Council’s website for a period of twenty eight (28) days.

 

Amendment:       (Hoban/Court)

 

That the application be deferred to allow amendments to be made to the draft policy and that it be deferred back to a future General Purpose Committee Meeting for determination.

 

The Amendment was carried and became the Motion which was:

 

2977/11 RESOLVED:       (Hoban/Court)

 

That the application be deferred to allow amendments to be made to the draft policy and that it be deferred back to a future General Purpose Committee Meeting for determination.

 

Cr Flack asked that her name be recorded as not supporting the comment on the second line of the table on page 17.

Cr Moran recorded his vote against the Motion.

 

 

 

ITEM 11.3         SF1575          210711      Draft Asset Management Plan - Macksville Memorial Aquatic Centre (Item 10.1 in the General Purpose Committee)

2978/11 RESOLVED:       (Flack/South)

 

That the draft Asset Management Plan for the Macksville Memorial Aquatic Centre be noted.

 

 

 

ITEM 11.1         SF1026          210711      Reduction in the number of Councillors from nine (9) to seven (7) at the 2012 local government elections (Item 8.1 in the General Purpose Committee)

2979/11 ReSOLVED:       (Flack/Court)

 

That the number of Councillors remain the same.

 

 

2980/11Resolved:        (Flack/Court)

 

That Councillors bring forward ideas for discussion for reducing Councillor costs to a future General Purpose Committee Meeting.  Further that Councillors be provided with a report on the cost of each Councillor as well as sustenance etc, as part of the report to the General Purpose Committee Meeting.

 

Cr Moran requested his vote against the Motion.

 

 

 

ITEM 11.4         SF1655          210711      Natural Disaster Funding Application - June 2011 (Item 10.2 in the General Purpose Committee)

2981/11  Resolved:      (Flack/Court)

 

That the information on the flooding event between 14-15 June 2011 be received and noted.

 

 

 

Director Engineering Services ReportS

 

Item 11.5 from General Purpose Committee Meeting 10.3 was dealt with under Delegations.

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.30 pm. 

 

Confirmed and signed by the Mayor on 4 August 2011.

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)