Ordinary Council Meeting
MINUTES OF THE Ordinary Council Meeting HELD ON 07 April 2011 COMMENCING AT 5.30 PM
The following document is the minutes of the Council meeting held on 7 April 2011. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 21 April 2011 and therefore subject to change. Please refer to the minutes of 21 April 2011 for confirmation.
PRESENT
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Cr Rhonda Hoban (Mayor) |
Cr Anne Smyth |
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Cr Martin Ballangarry OAM |
Cr Janet Court |
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Cr Brian Finlayson |
Cr Paula Flack |
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Cr Mike Moran OAM |
Cr Elaine South |
ALSO PRESENT
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Michael Coulter (General Manager) |
Steven Williams (Property Officer) |
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Paul Gallagher (Director Engineering Services) |
Lorraine Hemsworth (Minute Secretary) |
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Greg Meyers (Director Environment & Planning) |
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APOLOGIES
Cr John Ainsworth (Deputy Mayor)
PRAYER
Reverend Ros Johnston from the Anglican Church, Macksville, offered a prayer on behalf of the Nambucca Minister's Association.
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PUBLIC FORUM |
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2731/11 Resolved: (South/Smyth)
That the following public forums and delegations be heard:
i) Ms Joy Lane Roads and Heavy Transport – notes provided and on file ii) Ms Dawn Smyth Taylors Arm Reserve iii) Ms Julie Gooch Taylors Arm Hall iv) Mr Sam Aboud Tender criteria for gym v) Mr John Moore Thumb Creek – Condition of Road vi) Mr John Moore On-Stream Dam vii) Mr Toby Wright Mowing Strips (Palomia Trees)- notes provided and on file viii) Mr Tom Ryan Renaming Congarinni Bridge (“Howard ‘Pud’ Langford”)letter received to Council (Trim 9339/2011) ix) Mrs Mavis Ward Taylors Arm Road, Utungun to Macksville x) Mr Sam Aboud Factory Bridge xi) Cathy Palov Bridges and Subdivision of land xii) Doug Young On behalf of Rhoni Gagan – Road condition, Mobile Telephone coverage and Think Tank in relation to obtaining funding – letter provided and on file xiii) Sid Scott On behalf of Michelle Jamieson – Garbage collection and condition of roads in Burrapine |
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Renaming of Congarinni Bridge |
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2733/11 Resolved: (Moran/Flack)
That Council commence the formal procedure to rename the Congarinni Bridge the “Howard ‘Pud’ Langford” Bridge.
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DISCLOSURE OF INTEREST
The Director Environment and Planning, Mr Greg Meyers, declared a pecuniary interest Item 9.11 Proposed Primary School - Lot 11 DP 805157, 21 Dudley Street, Macksville under the Local Government Act as Mr Meyers’ wife is an employee of the Lismore Diocese who is the beneficiary of the proposal.
Mr Meyers left the meeting for this item.
Mayor, Councillor Rhonda Hoban declared a pecuniary interest in Item 9.2 S94E Ministerial Direction – Smiths Lane Local Roads and Traffic Infrastructure Contribution Plan 2010 under the Local Government Act as the Mayor has relatives that own subdivisible land adjoining Smiths Lane upon which a Section 94 Contribution is payable. Cr Hoban left the meeting for this item.
Councillor Anne Smyth declared a non-pecuniary less significant conflict of interest in Item 10.1 Outstanding DA’s Greater than 12 Months, Applications where submissions received not determined- No 1 under the Local Government Act as DA 2004/136 was the subject of discussion. As this development application was the subject of a court case brought against Council by the NVCA, of which Cr Smyth was a member, in the interests of public perception, Cr Smyth decided to leave the meeting for this item.
Councillor Paula Flack declared a non-pecuniary less significant conflict of interest in Item 9.1 Outstanding DA’s Greater than 12 Months DA2004/136 under the Local Government Act as DA 2004/136 was the subject of discussion. As this development application was the subject of a court case brought against Council by the NVCA, of which Cr Flack was an Executive member prior to the legal action, in the interests of public perception, Cr Flack decided to leave the meeting for this item.
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2736/11 Resolved: (South/Smyth)
That the following delegations be heard:
Notice of Motion Strategic Planning and Development Committee i) Mrs Janine Reed—Supporting the Notice of Motion |
Mrs Reed addressed Council to a prepared statement which is recorded on file.
NOTICE OF MOTION - CR Finlayson
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ITEM 5.1 SF1595 070411 Notice of Motion - Strategic Planning and Development Committee |
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1 That Council undertakes the creation of a Strategic Planning and Development Committee comprising prominent Nambucca Valley business people and entrepreneurs with a view to those people making a contribution to directions and degrees of development within the Shire.
2 That the Committee comprises two Councillors, Council’s Economic Development Officer and twelve members of the business community.
3 That Council invites expression of interest by publication of an appropriate notice in local media and that members of the Committee be appointed by Council.
Amendment: (Flack/Ballangarry)
That the membership of a Strategic Planning and Development Committee include a broad cross section of community including the following:
The Amendment was LOST.
Amendment: (Hoban/Court)
That Council create an Economic Directions Committee comprising prominent Nambucca Valley business people and entrepreneurs with a view to those people making a contribution to directions and degrees of development within the Shire. Further a report come back to Council on the terms of reference, including its role, selection of members, frequency of meeting, voting arrangements and any delegations of authority prior to inviting expression of interest.
The amendment was carried and became the motion and it was:
2737/11 Resolved: (Hoban/Court)
That Council create an Economic Directions Committee comprising prominent Nambucca Valley business people and entrepreneurs with a view to those people making a contribution to directions and degrees of development within the Shire. Further a report come back to Council on the terms of reference, including its role, selection of members, frequency of meeting, voting arrangements and any delegations of authority prior to inviting expression of interest.
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NOTICE OF MOTION - CR Finlayson
NOTICE OF MOTION - CR South – LATE
NOTICE OF MOTION - CR South – LATE
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
Cr Finlayson declared interest in No 6 – Easement for Valla Beach Pre-School at 7.46 pm.
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2741/11 RESOLVED: (Flack/Ballangarry)
That the list of outstanding actions and reports be noted and received for information by Council.
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2742/11 Resolved: (Finlayson/South)
That Cr Court chair the meeting for Item 9.2 as the Mayor has declared a pecuniary interest in this Item.
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The Mayor, Cr Hoban and Cr Moran left the meeting for this Item at 7.50 pm and returned after the conclusion at 7.51 pm with Cr Court taking the chair.
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ITEM 9.5 SF1480 070411 Licence to Nambucca Holiday Park for encroachment onto Crown Land |
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1 That Council in its capacity as Reserve Trust Manager for Reserve R88941 and pending finalisation of a long term Lease Agreement grant a Licence to the registered proprietor of Lot 162 in DP 755560 for occupation of the area of encroachment onto part lot 7003 in DP 1113130 and part lot 7001 DP 1117183 for a period of three years subject to terms and condition deemed reasonable and appropriate by Council’s legal advisor on the matter.
2 That the General Manager and the Mayor be authorised to conclude negotiations for the License terms and conditions and execute all documents required to give effect to the Licence of part Reserve R88941.
Amendment: (Smyth/Ballangarry)
That pending receipt of a written request from the owner of most recent encroachment, Council write to the Land and Property Management Authority regarding whether the lease would include new encroachments or only previous encroachments.
Amendment was Withdrawn.
2746/11 Resolved: (Moran/Finlayson)
That the Mayor Put the Motion that is on the table.
2747/11 Resolved: (Finlayson/Court)
1 That Council in its capacity as Reserve Trust Manager for Reserve R88941 and pending finalisation of a long term Lease Agreement grant a Licence to the registered proprietor of Lot 162 in DP 755560 for occupation of the area of encroachment onto part lot 7003 in DP 1113130 and part lot 7001 DP 1117183 for a period of three years subject to terms and condition deemed reasonable and appropriate by Council’s legal advisor on the matter.
2 That the General Manager and the Mayor be authorised to conclude negotiations for the License terms and conditions and execute all documents required to give effect to the Licence of part Reserve R88941. |
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ITEM 9.6 SF29 070411 Clarence Regional Library Service - Draft Library Agreement and Level of Members' Financial Contributions |
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That Council accept the financial terms for a new agreement for the Clarence Regional Library as resolved by Clarence Valley Council on 15 March 2011 subject to the proposed new Agreement lapsing on 30 June 2013 (at the latest).
Amendment: (Court/Finlayson)
1 That Council accept the financial terms for a new agreement for the Clarence Regional Library as resolved by Clarence Valley Council on 15 March 2011 subject to the proposed new Agreement lapsing on 30 June 2013 (at the latest).
2 That a Committee be formed comprising of the Mayor, Library Delegates and Manager Community and Cultural Services to investigate the possibility of forming a relationship with other local Council Libraries and that the Committee report back to Council by February 2012.
The amendment was carried and became the motion and it was:
2748/11 Resolved: (Court/Finlayson)
1 That Council accept the financial terms for a new agreement for the Clarence Regional Library as resolved by Clarence Valley Council on 15 March 2011 subject to the proposed new Agreement lapsing on 30 June 2013 (at the latest).
2 That a Committee be formed comprising of the Mayor, Library Delegates and Manager Community and Cultural Services to investigate the possibility of forming a relationship with other local Council Libraries and that the Committee report back to Council by February 2012.
2749/11 Resolved: (Smyth/Flack)
That Council write to the relevant Minister and local Member of Parliament asking when the promised $2Million for Regional Libraries can be expected.
2750/11 Resolved: (Hoban/Court)
That Council write to the Clarence Valley Council asking what they anticipate future contributions to the Clarence Regional Library will be when the Strategic Plan has been completed and the planned outcomes achieved.
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ITEM 9.7 SF1619 070411 Integrated Planning and Reporting - Discussion Paper on Civic Leadership |
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That the amended information in the discussion paper “A Best Value Council” be received.
Amendment: (Flack/Smyth)
That the amended information in the discussion paper be received and the document titled “Your Council – A Governance Discussion Paper”.
The amendment was Lost.
2751/11 Resolved: (Finlayson/Court)
That the amended information in the discussion paper “A Best Value Council” be received.
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2753/11 RESOLVED: (South/Moran)
That the report on Fuel Tax Credit additional claim be received and contents noted.
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ITEM 9.10 SF1389 070411 Grant Application Status Report - 7 February 2011 |
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2754/11 RESOLVED: (South/Ballangarry)
That the list of grant applications and their status to 31 March 2011 be received.
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The Director Environment and Planning left the meeting for this Item at 8.46 pm and returned after the conclusion at 8.57 pm.
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ITEM 9.11 DA2010/234 070411 Proposed New Primary School (St Patricks) - 21 Dudley Street, Macksville |
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2755/11 RESOLVED: (Court/Flack)
That the information concerning the report by Council’s Manager Planning & Assessment to the Northern Region Joint Regional Planning Panel as well as the meeting arrangements to determine DA2010/234 be received.
2756/11 Resolved: (Moran/South)
That the Mayor make a presentation to the Joint Regional Planning Panel (JRPP) meeting and be available to answer any questions.
Note: Cr Smyth requested that her vote be recorded as against this resolution.
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General Manager Report – LATE
Cr Finlayson left the meeting at 8.57 pm and returned at 9.00 pm
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ITEM 9.12 SF358 070411 Additional Lane at the Macksville Aquatic Centre |
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2757/11 RESOLVED: (Court/South)
That Council allocate the balance of funds required to complete the repainting and retiling of the Macksville Pool and the installation of an additional lane from the Section 94 Fund allocation for the Macksville Park.
2758/11 Resolved: (Flack/Court)
That the General Manager report on the options for the use of the funds in the S94 reserve for public recreation in the Macksville/Scotts Head catchment including foreshore redevelopment at River Street, Macksville.
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Director Environment and Planning Report
Crs Flack and Smyth left the meeting for recommendation 1 of this Item at 9.04 pm and returned at 9.05 pm.
Director Environment and Planning left the meeting for recommendations 2 and 3 of this item at 9.05 pm and returned at 9.06 pm.
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ITEM 10.1 SF1589 070411 Outstanding DA's greater than 12 months, applications where submissions received not determined to 28 March 2011 |
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2760/11 RESOLVED: (Hoban/South)
1 That Council note the progress of DA2004/136.
2761/11 Resolved: (Court/South)
2 That the remaining outstanding development applications (at least 12 months old) and applications received, be noted and received for information by Council.
3 That the applications where submissions have been received be noted and received for information by Council.
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Director Engineering Services Report
General Manager Report
For Confidential Business Paper in Closed Meeting
ITEM 12.1 T047/2010 070411 Tender Management of Macksville Aquatic Centre
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) (c) (d) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; AND the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.
For Confidential Business Paper in Closed Meeting
ITEM 12.2 DA2008/086 070411 Nambucca Heads - Skate Park - Notice of Intent - Civil Enforcement Action Section 123 EP&A Act
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) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.
CLOSED MEETING
The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 9.15 pm.
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2768/11 RESOLVED: (Flack/Smyth)
That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 9.20 pm. |
FROM COUNCIL IN CLOSED MEETING
General Manager Report
For Confidential Business Paper in Closed Meeting
For Confidential Business Paper in Closed Meeting
CLOSURE
There being no further business the Mayor then closed the meeting the time being 9.21 pm.
Confirmed and signed by the Mayor on 21 April 2011.
CR RHONDA HOBAN
MAYOR
(CHAIRPERSON)