NAMBUCCA SHIRE COUNCIL
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Ordinary Council Meeting
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MINUTES OF THE Ordinary Council
Meeting HELD ON 05 August 2010
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The following document is the minutes of the Council meeting held on
5 August 2010. These minutes are subject to confirmation as to their accuracy
at the next meeting to be held on 19 August 2010 and therefore subject to
change. Please refer to the minutes of 19 August 2010 for confirmation.
PRESENT
Cr Rhonda Hoban (Mayor)
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Cr John Ainsworth
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Cr Martin Ballangarry OAM
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Cr Janet Court
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Cr Brian Finlayson
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Cr Paula Flack
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Cr Mike Moran OAM
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Cr Elaine South
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Cr Anne Smyth
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ALSO PRESENT
Michael Coulter
(General Manager)
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Bruce Redman
(Director Engineering Services)
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Greg Meyers (Director Environment &
Planning)
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Monika Schuhmacher (Minute Secretary)
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PRAYER
The Rev Lisa
Williamson from Nambucca Heads Anglican Church offered a prayer on behalf of
the Nambucca Minister's Association.
DISCLOSURE OF
INTEREST
Councillor PF
Flack declared a pecuniary interest in the Mayoral Minute Item 10.7 Rejection
of Funding Application under the "National Water Security Plan for Cities
and Towns" (under the Local Government Act as Council’s application
related to the IWCM of which Cr Flack has a pecuniary conflict of interest on
the basis of an on stream dam option. Cr Flack left the meeting for this item.
Councillor PF
Flack declared a pecuniary interest in Item 9.2 Proposed Acquisition of Part
of Lot 238 DP 755549 for the Proposed Nambucca District Water Supply Off River
Water Storage under the Local Government Act as Council has not yet made a
decision regarding an on river dam, which would directly impact on Cr Flack’s
property. Cr Flack left the meeting for this item.
Councillor R
Hoban declared a pecuniary interest in Item 10.6 Modification Application
(DA 2009/119/01) under the Local Government Act as Cr Hoban has family
members who own land adjoining Smiths Lane. Council’s decision may financially
advantage/disadvantage them. Cr Hoban left the meeting for this item.
Councillor MM
Moran declared a pecuniary interest in Item 10.6 Modification Application
(DA 2009/119/01) under the Local Government Act as Cr Moran has provided
valuation services to an owner on Smiths Lane. Cr Moran left the meeting for
this item.
Councillor JE Court declared a non-pecuniary insignificant
conflict of interest in Item 10.4 Report on National Park Amendment
(Visitors) Bill under the Local Government Act as Cr Court is a member of
the National Parks Association. Cr Court remained in the meeting for this
item, took part in discussion and decision making.
CONFIRMATION OF MINUTES -
Ordinary Council Meeting 15 July 2010
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2300/10 RESOLVED: (Flack/Moran)
That the minutes of the Ordinary Council
Meeting of 15 July 2010 be confirmed.
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Cr Flack left the meeting at 5.35 pm and
returned at the conclusion of Item 10.7, at 5.37 pm.
MAYORAL MINUTE
ITEM 10.7 SF1391 050810 Rejection
of Funding Application under the "National Water Security Plan for
Cities and Towns"
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2301/10 RESOLVED: (Hoban/Moran)
That the
information concerning the rejection of Council’s application for funding
under the, “National Water Security Plan for Cities and Towns” be
received.
2302/10 Resolved: (Hoban/Court)
That as the
cost of securing our water supply will be a major issue for Nambucca Shire’s
voting residents, Council write to all major political parties and ask who
will commit to matching the State Government’s funding for the Off Stream
storage dam, to achieve a three way partnership between State, Federal and
Local Government for what is a major infrastructure project.
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NOTICE OF
MOTION - CR Moran OAM
ITEM 5.1 SF1471 050810 Notice
of Motion - Minutes of MANEX and the Occupational Health and Safety Committee
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Motion: (Moran/Finlayson)
That
Councillors receive the minutes of MANEX and the Occupational Health and
Safety Committee meetings.
Amendment: (Hoban/Ainsworth)
That the
General Manager ensures any Manex or Occupational Health and Safety Committee
decisions that impact on Council be reported to Council
The amendment
was carried and it became the motion and it was:
2303/10 Resolved: (Hoban/Ainsworth)
That the
General Manager ensures any Manex or Occupational Health and Safety Committee
decisions that impact on Council policies or budget allocations be reported
to Council.
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NOTICE OF
MOTION - CR Moran OAM
ITEM 5.2 SF1471 050810 Notice
of Motion - Coronation Park Subdivision - Cost
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2304/10 RESOLVED: (Moran/Finlayson)
That
Councillors receive a full cost of the Short Street (Coronation Park) subdivision of three lots.
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NOTICE OF
MOTION - CR Moran OAM
ITEM 5.3 SF1471 050810 Notice
of Motion - Contract of Sale - Part of EJ Biffen Land to Nambucca Valley Bridge Club
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2305/10 RESOLVED: (Moran/Hoban)
That a
Clause stating that if the Nambucca Valley Bridge Club goes into
receivership, the Bridge Club land be given back to Council, be removed.
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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 050810 Outstanding
Actions and Reports
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2306/10 RESOLVED: (Finlayson/Moran)
That the list of outstanding actions and reports be noted
and received for information by Council.
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Cr Flack left
the meeting at 6.07 pm and returned at the conclusion of Item 9.2, at 6.08 pm.
ITEM 9.2 SF1103 050810 Proposed
Acquisition of Part of Lot 238 DP 755549 for the Proposed Nambucca District
Water Supply Off River Water Storage
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2307/10 RESOLVED: (Finlayson/Moran)
That the
matter be deferred to the next General Purpose Committee meeting.
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ITEM 9.3 SF338 050810 Relocation
of Radio 2NVR to Tewinga Community Centre - Change to Committee of Management
Constitution
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2308/10 RESOLVED: (Ainsworth/Finlayson)
1 That Council endorse the proposed
alterations to the building and that the fees for a development application
and construction certificate application be met from Council’s donations
budget.
2 That Council endorse the change to the
Guide to Operations & Delegations of Authority – Section 355 Committees
being a new requirement for the Tewinga Community Centre that the use of the
building must include the operations of Nambucca Valley Radio 2NVR.
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Director Environment and Planning Report
ITEM 10.1 SF1261 050810 Outstanding
DA's Greater than 12 months, Applications Where Submissions Received Not
Determined to 26 July 2010
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2309/10 RESOLVED: (Ainsworth/Moran)
1 That the list of outstanding development
applications (at least 12 months old) and applications received, be noted and
received for information by Council.
2 That the applications where
submissions have been received be noted and received for information by
Council.
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ITEM 10.2 SF276 050810 Report
on the Minutes of the ACAC Committee Meeting held 8 June 2010
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2310/10 RESOLVED: (Flack/Smyth)
That Council note the Minutes from the Nambucca Shire Aboriginal
Community Advisory Committee held on 8 June 2010.
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ITEM 10.3 SF1496 050810 Report
on Requests for Alternate Delegates for the Nambucca River, Creeks, Estuaries
and Coastline Management Committee
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2311/10 RESOLVED: (Flack/Ainsworth)
That the
following alternate delegates be approved for membership of the Nambucca
River, Creeks, Estuaries and Coastline Management Committee to attend the
meeting and having voting rights when the appointed delegate is unable to
attend:
Barry
Ford, CEO Bowraville LAL Representing Aboriginal
Groups
Mr Gordon
Ussher Representing Flood
Affected Landowner
Mr Lloyd Ellis Representing
Environmental Group – Nambucca Valley Conservation Association
Mr Phil Butler Representing
Nambucca Valley River Users Group
Ms Suzanne McKinley Nambucca River Oyster Growers
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ITEM 10.4 SF617 050810 Report
on National Park Amendment (Visitors) Bill
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2312/10 RESOLVED: (Ainsworth/Finlayson)
That Council note the letter from the Three Valleys Branch of the
National Parks Association of NSW but take no action in making
representations opposing the National Park Amendment (Visitors) Bill.
2313 motion: (Moran/Ainsworth)
That Council
write to the National Parks and Wildlife Service and ask what standing the Three
Valleys Branch of the National Parks Association of NSW has.
The Motion was
LOST.
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ITEM 10.5 SF1261 050810 DA's
and CDC's Received and Determined under Delegated Authority 1 July 2010
to 26 July 1010
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2314/10 RESOLVED: (Ainsworth/South)
That
Council note the Development Applications/Complying Development Applications
received and determined under delegated authority.
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The Mayor Cr
Hoban and Cr Moran left the meeting at 6.28 pm and returned at the conclusion
of item 10.6, at 6.42 pm.
The Deputy Mayor Cr Court, took the Chair for the duration of item 10.6 after which the Mayor
resumed the Chair..
ITEM 10.6 DA2009/119 050810 Modification Application (DA
2009/119/01)
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2315/10 RESOLVED: (Flack/Smyth)
That
Council defer determination of the modification application for DA 2009/119
until the Draft Section 94 Developer Contributions Plan for Smiths Lane has been adopted by Council.
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Director Environment and Planning Report – LATE REPORT
ITEM 10.8 SF1541 050810 Gazettal
of Nambucca Local Environmental Plan 2010
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2316/10 RESOLVED: (Flack/Ballangarry)
1 That Council note that Nambucca Local
Environmental Plan 2010 was published on the Legislation Website and took
effect on Friday 30 July 2010, repealing Nambucca Local Environmental Plan
1995.
2 That Council note that in conjunction
with the commencement of Nambucca Local Environmental Plan 2010, Nambucca
Development Control Plan 2010 also took effect repealing all previous
Development Control Plans applying to Nambucca Shire.
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Director Engineering Services Report
ITEM 11.1 SF61 050810 Professional
Lifeguard Services 2009/2010 Contract Report
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2317/10 RESOLVED: (Flack/Ballangarry)
That
Council note the Annual Report for 2009/2010 by Australian Lifeguard Service.
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ITEM 11.2 SF1480 050810 Nambucca Heads Holiday Park - Investigation of Opinion to Realign Council Pipelines to Avoid
Dwelling Encroachment on Easement
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2318/10 RESOLVED: (Flack/Smyth)
That the cost of $25,000 to realign the sewer rising main be
noted.
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ITEM 11.3 SF675 050810 Tender
for the Collection of Scrap Metal from Council's Waste Management Facility
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2319/10 RESOLVED: (South/Court)
That the
Tender submitted by Matthews Metal Management, offering a schedule of prices
to be paid for ferrous metal, non ferrous metal and the collection of e-waste
be accepted for the period 1 July 2010 to 30 June 2011.
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ITEM 11.4 SF741 050810 Nambucca
Shire Council Plant Committee Meeting Minutes – 15 July 2010
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2320/10 RESOLVED: (Finlayson/Ainsworth)
That
Council adopt the minutes of the Nambucca Shire Council Plant Committee meeting
held on 15 July 2010.
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CLOSURE
There being no further business the Mayor
then closed the meeting the time being 7.47 pm.
Confirmed and signed by the Mayor on 19 August 2010.
CR RHONDA HOBAN
MAYOR
(CHAIRPERSON)