NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 05 August 2010

 

 

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)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Janet Court

Cr Brian Finlayson

Cr Paula Flack

Cr Mike Moran OAM

Cr Elaine South

Cr Anne Smyth

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Bruce Redman (Director Engineering Services)

Greg Meyers (Director Environment & Planning)

Monika Schuhmacher (Minute Secretary)

 

 

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

 

2300/10 RESOLVED:       (Flack/Moran)

 

That the minutes of the Ordinary Council Meeting of 15 July 2010 be confirmed.

 

 

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"

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.

 

 

 

NOTICE OF MOTION - CR Moran OAM

 

ITEM 5.1      SF1471              050810      Notice of Motion - Minutes of MANEX and the Occupational Health and Safety Committee

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.

 

 

NOTICE OF MOTION - CR Moran OAM

 

ITEM 5.2      SF1471              050810      Notice of Motion - Coronation Park Subdivision - Cost

2304/10 RESOLVED:       (Moran/Finlayson)

 

That Councillors receive a full cost of the Short Street (Coronation Park) subdivision of three lots.

 

 

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

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.

 

 

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

2306/10 RESOLVED:       (Finlayson/Moran)

 

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

 

 

 

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

2307/10 RESOLVED:       (Finlayson/Moran)

 

That the matter be deferred to the next General Purpose Committee meeting.

 

 

 

ITEM 9.3      SF338                050810      Relocation of Radio 2NVR to Tewinga Community Centre - Change to Committee of Management Constitution

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.

 

 

 

 

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

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.

 

 

 

ITEM 10.2    SF276                050810      Report on the Minutes of the ACAC Committee Meeting held 8 June 2010

2310/10 RESOLVED:       (Flack/Smyth)

 

That Council note the Minutes from the Nambucca Shire Aboriginal Community Advisory Committee held on 8 June 2010.

 

 

 

ITEM 10.3    SF1496              050810      Report on Requests for Alternate Delegates for the Nambucca River, Creeks, Estuaries and Coastline Management Committee

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

 

 

 

ITEM 10.4    SF617                050810      Report on National Park Amendment (Visitors) Bill

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.

 

 

 

 

 

ITEM 10.5    SF1261              050810      DA's and CDC's Received and Determined under Delegated Authority 1 July 2010 to 26 July 1010

2314/10 RESOLVED:       (Ainsworth/South)

 

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

 

 

 

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)

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.

 

 

 

Director Environment and Planning Report – LATE REPORT

 

ITEM 10.8    SF1541              050810      Gazettal of Nambucca Local Environmental Plan 2010

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.

 

 

 

Director Engineering Services Report

 

ITEM 11.1    SF61                  050810      Professional Lifeguard Services 2009/2010 Contract Report

2317/10 RESOLVED:       (Flack/Ballangarry)

 

That Council note the Annual Report for 2009/2010 by Australian Lifeguard Service.

 

 

 

ITEM 11.2    SF1480              050810      Nambucca Heads Holiday Park - Investigation of Opinion to Realign Council Pipelines to Avoid Dwelling Encroachment on Easement

2318/10 RESOLVED:       (Flack/Smyth)

 

That the cost of $25,000 to realign the sewer rising main be noted.

 

 

 

 

 

ITEM 11.3    SF675                050810      Tender for the Collection of Scrap Metal from Council's Waste Management Facility

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.

 

 

 

ITEM 11.4    SF741                050810      Nambucca Shire Council Plant Committee Meeting Minutes – 15 July 2010

2320/10 RESOLVED:       (Finlayson/Ainsworth)

 

That Council adopt the minutes of the Nambucca Shire Council Plant Committee meeting held on 15 July 2010.

 

    

 

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)