NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 20 January 2011

 

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)

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)

Greg Meyers (Director Environment & Planning)

Paul Gallagher (Director Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

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

2635/11 RESOLVED:       (South/Moran)

 

That the minutes of the Ordinary Council Meeting of 16 December 2010 be confirmed.

 

 

 

 

NOTICE OF MOTION - CR Moran OAM

 

ITEM 5.1      SF1595              200111      Notice of Motion - Forming of a Super Council

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.

 

 

  

 

PUBLIC FORUM/DELEGATIONS

 

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.

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 5.40 pm.

 

 

 


RESUME IN OPEN MEETING

Resolved: (Smyth/Ainsworth)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 6.15 pm.

 

GB8/11 - Outstanding Rates and Charges - D Rauchle (Ref SF1514)

 

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.

 

 

 

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

2637/11 RESOLVED:       (Ainsworth/Finlayson)

 

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

 

 

 

ITEM 9.2      SF110                200111      Local Government (State) Award 2010

2638/11 RESOLVED:       (Court/Finlayson)

 

That Council note that the Industrial Relations Commission of NSW has ratified the Local Government (State) Award 2010.

 

 

 

ITEM 9.3      SF1504              200111      Compulsory Acquisition of Lot 10 253771 and Lot 561 DP 1133897 - Old RTA Depot Site Nambucca Heads.

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.

 

 

 

ITEM 9.4      SF1389              200111      Grant Applications Status Report to 4 January 2011

2640/11 RESOLVED:       (Flack/Ballangarry)

 

That the list of grant applications and their status to 4 January 2011 be received.

 

 

 

ITEM 9.5      SF1077              200111      Museum Advisor Program - Annual Report & Renewal of Grant Funding Agreement

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.

 

 

 

ITEM 9.6      SF640                200111      Ballina Shire Council - Request for Contribution towards Legal Expenses

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.

 

 

 

ITEM 9.7      SF339                200111      Unkya Reserve Committee of Management - Minutes of Annual General Meeting - 12 September 2010

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.

 

 

 

ITEM 9.8      SF968                200111      Nambucca Valley Netball Assoc Committee of Management - Minutes of Annual General Meeting - 9 November 2010

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.

 

 

 

ITEM 9.9      SF340                200111      Utungun Community Centre Committee of Management - Minutes of Annual General Meeting - 8 November 2010

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.

 

 

 

ITEM 9.10    SF336                200111      Taylors Arm Hall Committee of Management - Minutes of the Annual General Meeting - 3 December 2010

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.

 

 

 

ITEM 9.11    SF84                  200111      Emergency Services Contributions 2010/2011 - Representations by the Local Government and Shires Associations of NSW

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.

 

 

ITEM 9.12    SF1475              200111      Healthy Communities Initiative - Potential Grant Application

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.

 

 

ITEM 9.13    SF394                200111      Investment Report to 31 December 2010

2651/11 RESOLVED:       (Finlayson/Ainsworth)

 

That the Accountants’ Report on Investments placed to 31 December 2010 be noted.

 

 

 

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

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.

 

 

ITEM 10.2    SF1261              200111      DA's and CDC's Received and Determined under Delegated Authority 10 January 2011

2653/11 RESOLVED:       (Ainsworth/Smyth)

 

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

 

 

 

ITEM 10.3    SF1261              200111      DEP Applications and Statistical Reports July 2010-June 2011, 2002-2010 and Certificates Received 2004-2010

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.

 

 

 

ITEM 10.4    SF1148              200111      Contract Regulatory Officer's Report December 2010

2655/11 RESOLVED:       (Court/South)

 

That the report from the Contract Regulatory Officer for December 2010 be received and noted by Council.

 

 

 

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

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.

 

 

 

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

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.

 

 

 

Director Engineering Services Report

 

ITEM 11.1    SF992                200111      Minutes of the Nambucca Emergency Operations Centre Committee - 8 December 2010

2658/11 RESOLVED:       (South/Ainsworth)

 

That the minutes of the Nambucca Emergency Operations Centre Committee held 8 December 2010, be noted.

 

 

 

ITEM 11.2    SF90                  200111      Nambucca Shire Traffic Committee Meeting Minutes – 8 December 2010

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.

 

 

 

ITEM 11.3    RF275                200111      Natural Disaster - Restoration of Bellingen Road Bowraville

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.

 

 

 

ITEM 11.4    SF1565              200111      Tender No T41011MNC Supply and Delivery of Bulk Cationic Rapid Setting Bitumen Emulsion

2661/11 RESOLVED:       (Ainsworth/Court)

 

That Council accept the Tender for the supply and delivery of Bitumen Emulsion as recommended in the confidential report.

 

  

 

General Purpose Committee REPORT

 

ITEM 12.1         SF1524          200111      September 2010 Budget Review (Item 8.1 in the General Purpose Committee)

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.

 

 

 

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)

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.

 

    

 

 

 

 

 

 

 

 

Director Engineering Services Report

 

ITEM 13.1    SF1565              200111      Tender No T41011MNC Supply and Delivery of Bulk Cationic Rapid Setting Bitumen Emulsion

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.

 

 

 

 

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)