NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 02 September 2010

The following document is the minutes of the Council meeting held on 2 September 2010.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 16 September 2010 and therefore subject to change.  Please refer to the minutes of 16 September 2010 for confirmation.

PRESENT

Cr Rhonda Hoban (Mayor)	Cr John Ainsworth
Cr Brian Finlayson	Cr Janet Court
Cr Elaine South	Cr Anne Smyth

ALSO PRESENT

Michael Coulter (General Manager)	Noel Chapman (Acting Director Engineering Services)
Greg Meyers (Director Environment & Planning)	Monika Schuhmacher (Minute Secretary)

APOLOGIES

Cr Paula Flack, Cr Mike Moran OAM and Cr Martin Ballangarry OAM

PRAYER

Pastor Peter Lott from C3 Church offered a prayer and a minute’s silence for the passing of former employee, Matthew Vinen, on behalf of the Nambucca Minister's Association.

disclosure of interest

Councillor R Hoban (Mayor) declared a non-pecuniary significant conflict of interest in:

Item 11.5 Tender - T026/2010 - Supply of Crusher Run - Ex Bin Maintenance and Emergency Work; Item 11.6 Tender - T027/2010 - Supply of Raw Feed Ex Bin; and Item 11.7 Tender - T026/2010 - Supply of Crusher Run - Ex Bin Maintenance and Emergency Work under the Local Government Act as Cr Hoban negotiated conditions of consent for the operation of one of the competing suppliers.  Cr Hoban left the meeting for the duration of these three items.

Councillor Smyth declared a non-pecuniary significant conflict of interest in Item 10.6 Costs Settlement to Environmental Defenders Office DA2004/136 under the Local Government Act as Cr Smyth states that the EDO represented the Nambucca Valley Conservation Association Inc (NVCA) in relation to the Court Case from which these costs arose.  Cr Smyth was formerly a member of the NVCA and there may be a public perception of conflict of interest in this matter.  Cr Smyth left the meeting for this item.

CONFIRMATION OF MINUTES - Ordinary Council Meeting 19 August 2010

2360/10 RESOLVED:       (Smyth/Finlayson)

That the minutes of the Ordinary Council Meeting of 19 August 2010 be confirmed.

NOTICE OF MOTION - CR Smyth

ITEM 5.1      SF1471              020910      Notice of Motion - Request for Leave - Cr Anne Smyth

2361/10 RESOLVED:       (Smyth/Court)

That Cr Anne Smyth be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 17 September 2010 to 4 October 2010 inclusive.

NOTICE OF MOTION - CR Hoban

ITEM 5.2      SF1471              020910      Notice Of Motion - Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds & Moveable Dwellings) Regulation 2005

2362/10 RESOLVED:       (Hoban/Ainsworth)

That Council write to the Minister for Local Government requesting that the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds & Moveable Dwellings) Regulation 2005 be amended to require proposals to locate new dwellings in Caravan Parks to be notified to Council prior to placement.

ASKING OF QUESTIONS WITH NOTICE

There were no questions where Notice had been received.

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

There were no questions for Closed Meeting where due Notice had been received.

General Manager Report

ITEM 9.1      SF959                020910      Outstanding Actions and Reports

2363/10 RESOLVED:       (Ainsworth/Smyth)

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

ITEM 9.2      SF1446              020910      Fees and Charges - Section 94 Developer Contributions:  Bellwood Local Roads and Traffic Contribution Plan 2009

2364/10 RESOLVED:       (Finlayson/Court)

That the Section 94 Contributions for Bellwood Local Roads & Traffic Contribution Plan 2009 into the 2010/11 Fees and Charges as amended be adopted.

ITEM 9.3      SF321                020910      Missabotti Community Centre Committee of Management AGM - 28 July 2010 - Minutes

2365/10 RESOLVED:       (Smyth/Ainsworth)

That Council endorse minutes of the Committee of Management for the Missabotti Community Centre’s Annual General Meeting held on 28 July 2010, and thank the outgoing Committee for their work in the past twelve months.

ITEM 9.4      SF325                020910      Gordon Park Tennis Centre Committee of Management - Annual General Meeting - 22 July 2010 - Minutes

2366/10 RESOLVED:       (Smyth/Court)

That Council endorse the minutes of the Committee of Management Gordon Park Tennis Centre’s Annual General Meeting  which was held on 22 July 2010 and that Council thank the outgoing Committee for their work in 2009/2010.

ITEM 9.5      SF312                020910      Gordon Park Rainforest Walks Committee of Management - Annual General Meeting - 5 August 2010 - Minutes

2367/10 RESOLVED:       (Smyth/Finlayson)

That Council endorse the minutes of the Committee of Management of the Gordon Park Rainforest Walks’ Annual General Meeting which was held on 5 August 2010 and that Council thank the outgoing Committee for their work in 2009/2010.

ITEM 9.6      SF345                020910      Welsh Pioneer Park Committee of Management - Annual General Meeting - 11 August 2010 - Minutes

2368/10 RESOLVED:       (Finlayson/South)

That Council endorse the minutes of the Committee of Management for the Welsh Pioneer Park’s Annual General Meeting which was held on Wednesday 11 August 2010 and thank the outgoing Committee for their work in the past twelve months.

ITEM 9.7      SF334                020910      South Arm Hall Committee of Management AGM - 22 August 2010 - Minutes

2369/10 RESOLVED:       (Smyth/South)

That Council endorse minutes of the Committee of Management for the South Arm Hall’s Annual General Meeting held on 22 August 2010, and thank the outgoing Committee for their work in the past twelve months.

General Manager Report – LATE

ITEM 9.8      RF275                020910      Repair of Bellingen Road - 2 September 2010 Update Report

2370/10 RESOLVED:       (Finlayson/Smyth)

That the RTA be requested to conduct a Value Management Process on the future of the Bellingen – Bowraville Road as soon as practicable.

Director Environment and Planning Report

ITEM 10.1    SF1261              020910      DA's and CDC's Received and Determined under Delegated Authority 10-23 August 2010

2371/10 RESOLVED:       (Ainsworth/Smyth)

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

ITEM 10.2    SF1261              020910      Outstanding DA's greater than 12 months, applications where submissions received not determined to 23 August 2010

2372/10 RESOLVED:       (Finlayson/Ainsworth)

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 10.3    SF1391              020910      Advice of Successful Grant Applications - Nambucca Coastal Hazard Management Plan and  Nambucca River Flood Study Review

2373/10 RESOLVED:       (Court/Smyth)

1          That Council accept the two funding applications for the final stage of the Nambucca Coastal Hazard Management Plan and the continuation of the Nambucca River Flood Study and Review.

2          That the Director Environment and Planning use his delegations to complete and return the funding agreements.

ITEM 10.4    SF1496              020910      Report on the Minutes of the Nambucca River, Creeks, Estuary and Coastline Management Committee Meeting held on 13 August 2010

Motion:      (Ainsworth/Smyth)

1        That the Nambucca River, Creeks and Estuaries and Coastline Management Committee request Council to write to RTA-SKM asking to have predicted flood heights marked on electricity poles to the extent of Council’s flood mapping, extending to include Nursery and Gumma Roads, to indicate Council’s 1:100 year predicted flood height and RTA-SKM predicted 1:100 year flood height with climate change and sea level rise, highway bypass completed as an act of transparency and good faith to the community, before RTA submits proposed highway upgrade to the Planning Department for approval.

2        That the Committee recommend to Council that SMEC Australia in association with Umwelt Australia be contracted to undertake the preparation of the Nambucca Coastal Zone Management Study and Management Plan being Stages 2 & 3 of the Nambucca Coastal Zone Management Plan in accordance with Council’s Consultants Brief and the submitted tender documents and price from SMEC Australia in association with Umwelt Australia       

3        That the remainder of the Minutes from the Nambucca River, Creeks, Estuary and Coastline Management Committee Meeting held on Friday, 13 August 2010 be endorsed.

Amendment: (Ainsworth/Court)

1        That the Nambucca River, Creeks and Estuaries and Coastline Management Committee request Council to write to RTA-SKM asking to have predicted flood heights marked on electricity poles to the extent of Council’s flood mapping, extending to include Nursery and Gumma Roads, to indicate Council’s 1:100 year predicted flood height and RTA-SKM predicted 1:100 year flood height with climate change and sea level rise, highway bypass completed as an act of transparency and good faith to the community, before RTA submits proposed highway upgrade to the Planning Department for approval.

2        That the Committee recommend to Council that SMEC Australia in association with Umwelt Australia be contracted to undertake the preparation of the Nambucca Coastal Zone Management Study and Management Plan being Stages 2 & 3 of the Nambucca Coastal Zone Management Plan in accordance with Council’s Consultants Brief and the submitted tender documents and price from SMEC Australia in association with Umwelt Australia       

3        That the remainder of the Minutes from the Nambucca River, Creeks, Estuary and Coastline Management Committee Meeting held on Friday, 13 August 2010 be endorsed.

4        That the markers showing predicted flood levels be temporary and to be located at Kings Point and in Nursery Road where the proposed Pacific Highway crosses the Nambucca River on the eastern side of Macksville—two markers in total.

The amendment was carried and it became the motion and it was:

2374/10 Resolved:       (Ainsworth/Court)

1        That the Nambucca River, Creeks and Estuaries and Coastline Management Committee request Council to write to RTA-SKM asking to have predicted flood heights marked on electricity poles to the extent of Council’s flood mapping, extending to include Nursery and Gumma Roads, to indicate Council’s 1:100 year predicted flood height and RTA-SKM predicted 1:100 year flood height with climate change and sea level rise, highway bypass completed as an act of transparency and good faith to the community, before RTA submits proposed highway upgrade to the Planning Department for approval.

2        That the Committee recommend to Council that SMEC Australia in association with Umwelt Australia be contracted to undertake the preparation of the Nambucca Coastal Zone Management Study and Management Plan being Stages 2 & 3 of the Nambucca Coastal Zone Management Plan in accordance with Council’s Consultants Brief and the submitted tender documents and price from SMEC Australia in association with Umwelt Australia 

3        That the remainder of the Minutes from the Nambucca River, Creeks, Estuary and Coastline Management Committee Meeting held on Friday, 13 August 2010 be endorsed.

4        That the markers showing predicted flood levels be temporary and to be located at Kings Point and in Nursery Road where the proposed Pacific Highway crosses the Nambucca River on the eastern side of Macksville—two markers in total.

ITEM 10.5    SF1268              020910      Our Living Coast Update

2375/10 RESOLVED:       (Smyth/Finlayson)

That Council note the progress of the “Our Living Coast” sustainability initiative, that is being conducted in partnership with Coffs Harbour City Council and Bellingen Shire Council, with funding from the NSW Environmental Trust.

Director Environment and Planning Report – LATE

Cr Smyth left the meeting for this Item at 6.07 pm and returned at the conclusion of this Item at 6.09 pm.

ITEM 10.6    SF1254              020910      Costs Settlement to Environmental Defenders Office DA2004/136

2376/10 RESOLVED:       (Finlayson/Court)

That Council authorise payment of costs to the Environmental Defenders Office of $36,792.95 being 60% of their costs as ordered by Justice Biscoe in regard to Development application DA2004/136.

Director Engineering Services Report

ITEM 11.1    SF656                020910      Successful Grant Applications for Scotts Head and Bowraville

2377/10 RESOLVED:       (Court/South)

1        That Council note the successful applications of:

          i         Bringing Cricket Back – The Scotts Head Cricket Development and Integration Program for $9,000; and

          ii        Lighting Up Our Game – A Partnership approach towards supporting sport participation in Bowraville for $40,000.

2       That an additional $21,570 be included in the 2010/2011 budget for the Bowraville Project.

3       That the Committee of Management be advised that they are responsible for the running costs and required repairs for the lights.

ITEM 11.2    SF185                020910      Deed of Agreement for transfer of land for Kingsworth Estate Water Supply reservoir

2378/10 RESOLVED:       (Ainsworth/Court)

1           That Council write to the developer acknowledging that they agree to enter into a Deed of Agreement for the proposed reservoir land transfer that acknowledges water supply headworks contribution credits for the construction of the reservoir on the proviso that the credit is limited to a maximum of 63 additional future lots.

2           The Council delegate authority to the Mayor and General Manager to stamp and execute all documents required to finalise the transfer of the reservoir land to Council including an amended Deed of Agreement acknowledging a credit for water supply headworks contributions for 63 additional lots.

3           That Council resolve to dedicate the land transferred to Council as operational land for the purposes of water supply.

ITEM 11.3    T024/2010           020910      Tender - T024/2010 - Supply and Incorporation of Stabilising Agents

2379/10 RESOLVED:       (Finlayson/Ainsworth)

That Stabilised Pavements be accepted as the preferred Contractor for 2010-2012 for T024/2010 for the Supply and Incorporation of Stabilising Agents as detailed at the following rates:

Depth               % of stabilising agent           Price

150mm                           3%                        $       4.24

                                      4%                        $       4.80

                                      5%                        $       5.36

200mm                           3%                        $       4.90

                                      4%                        $       5.67

                                      5%                        $       6.42

250mm                           3%                        $       5.47

                                      4%                        $       6.18

                                      5%                        $       7.39

300mm                           3%                        $       6.23

                                      4%                        $       7.40

                                      5%                        $       8.59

Establishment                                            $3,289.00

Surcharge $ per sqm                                 $       2.26

ITEM 11.4    T025/2010           020910      Tender - T025/2010 - Supply and spraying of bitumen

2380/10 RESOLVED:       (Finlayson/Ainsworth)

That Fulton Hogan Industries be accepted as the preferred Contractor for 2010-2012 for T025/2010 for the Supply and Spraying of bitumen in accordance with prices (inclusive of GST) as listed:

Supply and Spray bitumen at $6.57 per sqm

Surcharge for small quantity:

Less than 5,000 litres     $5,500.00

Less than 10,000 litres    $5,500.00

Less than 13,000 litres    $5,500.00

The Mayor (Cr Hoban) left the meeting for Items 11.5, 11.6 and 11.7 at 6.11 pm and the Deputy Mayor (Cr Court) took the chair for the duration of these three items. 

ITEM 11.5    T026/2010           020910      Tender - T026/2010 - Supply of Crusher Run - Ex Bin Maintenance and Emergency Work

2381/10 RESOLVED:       (South/Ainsworth)

That the tenders received from Quarry Solutions and Nambucca Valley Gravel be accepted on a Panel of Contractors for T026/2010 for the Supply of Crusher Run – Ex Bin Maintenance and Emergency Work at the rates (inclusive of GST) listed:

Supplier                                           Quarry Solutions           Nambucca Valley Gravel

Supply Crusher Run per tonne                $22.00                               $23.10

ITEM 11.6    T027/2010           020910      Tender - T027/2010 - Supply of Raw Feed Ex Bin

2382/10 RESOLVED:       (Finlayson/Ainsworth)

That the tenders received from Quarry Solutions and Nambucca Valley Gravel be accepted on a Panel of Contractors for T027/2010 for the Supply of Raw Feed Ex Bin at the rates (inclusive of GST) listed:

Supplier:                                 Quarry Solutions           Nambucca Valley Gravel

Supply Raw Feed per tonne             $17.60                                $19.80

ITEM 11.7    T028/2010           020910      Tender - T028/2010 - Supply of Roadbase Ex Bin

Motion:      (Ainsworth/Finlayson)

That the tenders received from Quarry Solutions and Nambucca Valley Gravel be accepted on a Panel of Contractors for T028/2010 for the Supply of Roadbase Ex Bin at the rates (inclusive of GST) listed:

Supplier                                             Quarry Solutions              Nambucca Valley Gravel  

Supply Road Base per tonne

DGB 20                                                       $26.51                            $23.10                           

DGS 20                                                       $23.65                            $23.10                           

DGS 40                                                       $23.65                            $23.10                            

Amendment:       (Ainsworth/Finlayson)

1        That the tenders received from Quarry Solutions and Nambucca Valley Gravel be accepted on a Panel of Contractors for T028/2010 for the Supply of Roadbase Ex Bin at the rates (inclusive of GST) listed:

          Supplier                                             Quarry Solutions              Nambucca Valley Gravel  

          Supply Road Base per tonne

DGB 20                                              $26.51                            $23.10                           

DGS 20                                              $23.65                            $23.10                           

DGS 40        $23.65         $23.10

2        That Council conduct random checks of the quality of the material purchases.

The amendment was carried and it became the motion and it was:

2383/10 Resolved:       (Ainsworth/Finlayson)

1        That the tenders received from Quarry Solutions and Nambucca Valley Gravel be accepted on a Panel of Contractors for T028/2010 for the Supply of Roadbase Ex Bin at the rates (inclusive of GST) listed:

          Supplier                                            Quarry Solutions            Nambucca Valley Gravel       

          Supply Road Base per tonne

DGB 20                                              $26.51                            $23.10                           

DGS 20                                              $23.65                            $23.10                           

DGS 40        $23.65         $23.10

2        That Council conduct random checks of the quality of the material purchased.

The Mayor returned at the conclusion of Item 11.7 and resumed the Chair the time being 6.15 pm.

ITEM 11.8    SF992                020910      Nambucca Emergency Operations Centre Committee Minutes – 4 August 2010

2384/10 RESOLVED:       (Ainsworth/South)

That Council adopt the minutes of the Nambucca Emergency Operations Centre Committee meeting held on 4 August 2010.

CLOSURE

There being no further business the Mayor then closed the meeting the time being 6.16 pm. 

Confirmed and signed by the Mayor on 16 September 2010.

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)