NAMBUCCA SHIRE COUNCIL
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Ordinary Council Meeting
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MINUTES OF THE Ordinary Council Meeting HELD ON 20 January 2011
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The following document is the minutes of the Council meeting held on
20 January 2011. These minutes are subject to confirmation as to their
accuracy at the next meeting to be held on 3 February 2011 and therefore subject
to change. Please refer to the minutes of 3 February 2011 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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Greg Meyers (Director Environment &
Planning)
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Paul Gallagher (Director Engineering
Services)
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Monika Schuhmacher (Minute Secretary)
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DISCLOSURE OF INTEREST
Councillor PF
Flack declared a non-pecuniary less significant conflict of interest in Item
9.12 Healthy Communities Initiative - Potential
Grant Application under the Local Government Act as
Cr Flack is an employee of the North coast Area Health Service (at Macksville Hospital) which has been consulted and may have a role if grant is successful.
Councillor R
Hoban declared a pecuniary interest in Item 10.5 Further
Consideration of Modification to DA 2009/119/02
under the Local Government Act as Cr Hoban has family members who own land
adjoining Smith’s Lane and Council’s decision may be a financial advantage or
disadvantage to them. Cr Hoban left the meeting for this item.
Councillor BJ
Finlayson declared a non-pecuniary significant conflict of interest in 10.5 Further
Consideration of Modification to DA 2009/119/02 under the Local Government Act as Cr Finlayson has furnished advice
to the applicant and prepared the draft agreement under consideration. Cr
Finlayson left the meeting for this item.
Councillor MM Moran declared a pecuniary interest in Item 10.5 Further Consideration of Modification to DA 2009/119/02 under the Local Government Act. Cr Moran left the meeting for this
item.
PRAYER
Pastor Jon
Ventham, from the C3 Church, offered a prayer on behalf of the Nambucca
Minister's Association.
CONFIRMATION OF MINUTES - Ordinary Council
Meeting - 16 December 2010
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2635/11 RESOLVED: (South/Moran)
That the minutes of the Ordinary
Council Meeting of 16 December 2010 be confirmed.
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NOTICE OF MOTION - CR Moran OAM
ITEM 5.1 SF1595 200111 Notice
of Motion - Forming of a Super Council
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Lost Motion: (Moran/Finlayson)
That Nambucca
Shire Council starts the progress of talking to other councils about forming
a super council like Port Macquarie to Coffs Harbour with Kempsey, Nambucca
and Bellingen in the middle.
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PUBLIC
FORUM/DELEGATIONS
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Resolved: (Ainsworth/Court)
1 That Mr David Rauchle addresses Council
at a Public Forum Regarding Outstanding Rates.
2 That the following delegations be heard
IN CLOSED MEETING for the following reasons:
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) (B) of the Local Government
Act, 1993, the personal hardship of a ratepayer.
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CLOSED MEETING
The Ordinary
Council Meeting's Meeting IN CLOSED MEETING commenced
at 5.40 pm.
RESUME IN OPEN MEETING
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Resolved: (Smyth/Ainsworth)
That Ordinary Council Meeting resume in
Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 6.15 pm.
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GB8/11 - Outstanding Rates and Charges - D Rauchle (Ref SF1514)
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2636/11 RESOLVED:(Finlayson/Court)
That
Council agree to accept $4,000 from Mr Rauchle within 14 days with the
balance including interest to be paid in cash within eight weeks after that
and Council note that the legislation allows no further concessions be
entered into.
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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 200111 Outstanding
Actions and Reports
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2637/11 RESOLVED: (Ainsworth/Finlayson)
That the list of outstanding actions and reports be noted
and received for information by Council.
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ITEM 9.2 SF110 200111 Local
Government (State) Award 2010
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2638/11 RESOLVED: (Court/Finlayson)
That
Council note that the Industrial Relations Commission of NSW has ratified the
Local Government (State) Award 2010.
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ITEM 9.3 SF1504 200111 Compulsory
Acquisition of Lot 10 253771 and Lot 561 DP 1133897 - Old RTA Depot Site
Nambucca Heads.
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2639/11 RESOLVED: (Moran/South)
1 That Council
apply to the Minister for Local Government and the Governor for approval to
compulsory acquire Lot 10 DP 253771 and Lot 561 DP 1133897 for the purposes
of light industrial development, commercial development of public service
facilities for resale.
2 That Council agree to the claim for
compensation from Land and Property Management Authority of $30,000.
3 That the funds required to complete
the compulsory acquisition
of Lot 10 DP 253771 and Lot 561 DP 1133897 be drawn from the Land Development
Reserve.
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ITEM 9.4 SF1389 200111 Grant
Applications Status Report to 4 January 2011
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2640/11 RESOLVED: (Flack/Ballangarry)
That the
list of grant applications and their status to 4 January 2011 be received.
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ITEM 9.5 SF1077 200111 Museum
Advisor Program - Annual Report & Renewal of Grant Funding Agreement
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2641/11 RESOLVED: (Flack/South)
1 That
the Annual Report on the Museum Advisor Program be received.
2 That
Council enter into a new grant funding agreement for the Museum Advisor
Program for 2011.
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ITEM 9.6 SF640 200111 Ballina
Shire Council - Request for Contribution towards Legal Expenses
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2642/11 RESOLVED: (Flack/South)
That the
Local Government and Shires Associations be advised that Council has
considered their request for legal assistance for Ballina Shire Council in
the matter of SJ Connelly Pty Limited v Ballina Shire Council (2010)
NSWLEC 128 and in the circumstances has decided against providing a
contribution towards their legal costs.
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ITEM 9.7 SF339 200111 Unkya
Reserve Committee of Management - Minutes of Annual General Meeting - 12
September 2010
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2643/11 RESOLVED: (South/Flack)
That
Council endorse the Minutes of the Committee of Management for the Unkya
Reserve’s Annual General Meeting held on 12 September 2010 and thank the
outgoing Committee for their work during the past twelve months.
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ITEM 9.8 SF968 200111 Nambucca Valley Netball Assoc Committee of Management - Minutes of Annual General Meeting -
9 November 2010
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2644/11 RESOLVED: (South/Ballangarry)
That Council
endorse the Minutes of the Committee of Management for the Nambucca Valley
Netball Association’s Annual General Meeting held on 9 November 2010 and
thank the outgoing Committee for their work during the past twelve months.
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ITEM 9.9 SF340 200111 Utungun
Community Centre Committee of Management - Minutes of Annual General Meeting
- 8 November 2010
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2645/11 RESOLVED: (South/Ainsworth)
That
Council endorse the Minutes of the Committee of Management for the Utungun
Community Centre’s Annual General Meeting held on 8 November 2010 and thank
the outgoing Committee for their work during the past twelve months.
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ITEM 9.10 SF336 200111 Taylors
Arm Hall Committee of Management - Minutes of the Annual General Meeting - 3
December 2010
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2646/11 RESOLVED: (Ainsworth/Smyth)
That
Council endorse the Committee of Management for the Taylors Arm Hall and
thank the outgoing Committee for their work in the past twelve months.
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ITEM 9.11 SF84 200111 Emergency
Services Contributions 2010/2011 - Representations by the Local Government
and Shires Associations of NSW
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2647/11 RESOLVED: (Flack/Ballangarry)
Fl/b
That the
information concerning the representations by the Local Government and Shires
Associations into the emergency services contributions for 2010/2011 be
received.
2648/11 Resolved: (Hoban/Flack)
That
Council seek further information from the Local Government and Shires
Associations in regard to the property based levy.
2649/11 Resolved: (Ainsworth/Court)
That
Council write to Shane Fitzsimmons, AFSM (NSW Rural Fire Service
Commissioner) regarding his undertaking made at the Rural Fire Service Local Government
Forum in Armidale on 5 November 2010 that increases in the Rural Fire
Service contributions would be subject to review by IPART.
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ITEM 9.12 SF1475 200111 Healthy
Communities Initiative - Potential Grant Application
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2650/11 RESOLVED: (Ballangarry/Smyth)
That Council endorse a grant
application being made to the Commonwealth Department of Health and Ageing’s
Healthy Communities Initiative.
Note: Cr
Moran requested that his vote be recorded as against this resolution.
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ITEM 9.13 SF394 200111 Investment
Report to 31 December 2010
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2651/11 RESOLVED: (Finlayson/Ainsworth)
That the
Accountants’ Report on Investments placed to 31 December 2010 be noted.
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Director
Environment and Planning Report
ITEM 10.1 SF1261 200111 Outstanding
DA's greater than 12 months, applications where submissions received not
determined to 10 January 2011
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2652/11 RESOLVED: (Finlayson/Smyth)
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 SF1261 200111 DA's
and CDC's Received and Determined under Delegated Authority 10 January 2011
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2653/11 RESOLVED: (Ainsworth/Smyth)
That
Council note the Development Applications/Complying Development Applications
received and determined under delegated authority.
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ITEM 10.3 SF1261 200111 DEP
Applications and Statistical Reports July 2010-June 2011, 2002-2010 and
Certificates Received 2004-2010
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2654/11 RESOLVED: (Finlayson/South)
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
Certificate released for the years 2004 to 2010.
3 That Council note the statistical
information for Applications and Certificates received by Council for
2004-2010.
4 That Council note the statistical
breakdown of development applications thus far for the current year beginning
1 January 2010.
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ITEM 10.4 SF1148 200111 Contract
Regulatory Officer's Report December 2010
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2655/11 RESOLVED: (Court/South)
That the
report from the Contract Regulatory Officer for December 2010 be received and
noted by Council.
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Councillors Hoban,
Finlayson and Moran left the meeting for this Item at 6.36 pm and returned
after the conclusion of this Item at 6.39 pm.
The Deputy Mayor, Cr Ainsworth, took the Chair for the duration of this Item.
ITEM 10.5 DA2009/119 200111 Further
Consideration of Modification to DA 2009/119/02
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2656/11 RESOLVED: (Court/South)
That
Council accept the draft Voluntary Planning Agreement (VPA) for the payment
of $20,000 per lot towards the upgrade of Smiths Lane and upon execution of
the VPA, the modification application for DA 2009/119 be approved in
accordance with the following amendments:
a amend condition 1 to allow the
subdivision to be carried out in three stages and contributions to be paid
prior to the release of the subdivision certificate for each stage;
b amend condition 2 to extend the
timeframe from three years to five years to register the entire subdivision
(3 rural-residential lots) with the Lands Title Office;
c delete condition 3 relating to the
transfer of Smiths Lane;
d delete the requirement from condition
6 that requires the upgrade of Smiths Lane and the intersection of Wilson Road;
e amend condition 15 to only require
the dedication of the Smiths Lane extension as a public road in the Section
88B Instrument; and
f amend condition 20 to require the
total contributions of $20,000 per lot in accordance with the VPA.
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The Mayor Cr Hoban resumed the Chair for
the remainder of the meeting at 6.39 pm.
ITEM 10.6 SF1487 200111 Access
Committee Minutes Report of meeting held 23 November 2010
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2657/11 RESOLVED: (Flack/Ballangarry)
1 That Council note that there were no
specific complaints received in relation to planter boxes in Macksville.
2 That the remainder of the Minutes of
the Access Committee held 23 November 2010 be endorsed.
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Director
Engineering Services Report
ITEM 11.1 SF992 200111 Minutes
of the Nambucca Emergency Operations Centre Committee - 8 December 2010
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2658/11 RESOLVED: (South/Ainsworth)
That the
minutes of the Nambucca Emergency Operations Centre Committee held
8 December 2010, be noted.
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ITEM 11.2 SF90 200111 Nambucca
Shire Traffic Committee Meeting Minutes – 8 December 2010
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2659/11 RESOLVED: (Ainsworth/South)
That
Council adopt the minutes of the Nambucca Shire Traffic Committee meeting
held on 8 December 2010 subject to the
reversal of recommendations 1 and 2 for Item 4.4 in the Nambucca Shire
Traffic Committee meeting minutes.
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ITEM 11.3 RF275 200111 Natural
Disaster - Restoration of Bellingen Road Bowraville
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2660/11 RESOLVED: (Flack/Ballangarry)
1 That the report from the Value
Management Workshop be noted.
2 That the submission of Council’s claim
for Natural Disaster Relief Funding be noted.
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ITEM 11.4 SF1565 200111 Tender
No T41011MNC Supply and Delivery of Bulk Cationic Rapid Setting Bitumen Emulsion
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2661/11 RESOLVED: (Ainsworth/Court)
That
Council accept the Tender for the supply and delivery of Bitumen Emulsion as
recommended in the confidential report.
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General
Purpose Committee REPORT
ITEM 12.1 SF1524 200111 September
2010 Budget Review (Item 8.1 in the General Purpose Committee)
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2662/11 RESOLVED: (Finlayson/Ballangarry)
1 That
the budget review for the quarter ended 30 September, 2010 be received.
2 That the recommended increases and
decreases in votes be included as subsequent votes for the financial year
2010/2011.
3 That the rehabilitation of Pioneer St
North be included in the Nambucca Heads Urban Streets Rehabilitation program
by providing additional funding of $10,000.
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ITEM 12.2 SF841 200111 Presentation
of Flood Study Peer Review for the Pacific Highway Bypass of Macksville by
the RTA (Item 9.1 in the General Purpose Committee)
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2663/11 RESOLVED: (Moran/Court)
That
Council note and thank the RTA, for the presentation of the Peer Review for
the flood study relating to the Pacific Highway Bypass of Macksville.
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Director
Engineering Services Report
ITEM 13.1 SF1565 200111 Tender
No T41011MNC Supply and Delivery of Bulk Cationic Rapid Setting Bitumen
Emulsion
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Recommendation:
That
Council accept the Tender submitted by Downer EDI Works for the supply and
delivery of Bitumen Emulsion at the tendered amount of $0.792/Litre including
GST.
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CLOSURE
There being no further business the Mayor
then closed the meeting the time being 6.48 pm.
Confirmed and signed by the Mayor on 3 February 2011.
CR RHONDA HOBAN
MAYOR
(CHAIRPERSON)