The following document is the minutes of the Council meeting held on 11 December 2013. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 16 January 2014 and therefore subject to change. Please refer to the minutes of 16 January 2014 for confirmation.
PRESENT
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Cr Rhonda Hoban (Mayor) |
Cr John Ainsworth |
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Cr Martin Ballangarry OAM |
Cr Brian Finlayson |
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Cr Paula Flack |
Cr Kim MacDonald |
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Cr Elaine South |
Cr Anne Smyth |
ALSO PRESENT
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Michael Coulter (General Manager) |
Scott Norman (AGM Corporate Services) |
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Paul Gallagher (AGM Engineering Services) |
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APOLOGY
Cr Bob Morrison (on approved leave)
PRAYER
Pastor Jon Ventham, C3 Church, offered a prayer on behalf of the Nambucca Minister's Association.
DISCLOSURE OF INTEREST
Councillor JA Ainsworth declared a non-pecuniary significant conflict of interest in Item 9.3 Boultons Crossing (Gumma Reserve) under the Local Government Act as Cr Ainsworth is on the Board of the South Beach National Park. Cr Ainsworth left the meeting for this item.
Councillor BJ Finlayson declared a non-pecuniary significant conflict of interest in Item 9.3 Boultons Crossing (Gumma Reserve) under the Local Government Act as Cr Finlayson has a business associate who has had discussions with Council relating to this item. Cr Finlayson left the meeting for this item.
Councillor P Flack declared a non-pecuniary significant conflict of interest in Item 9.5 Planning Proposal rezoning and reclassification and DA2013/092 Proposed Health One Facility and Subdivision under the Local Government Act as Cr Flack is an employee of the Mid North Coast Local Health District which is the applicant. Cr Flack left the meeting for this item.
Councillor K MacDonald declared a pecuniary interest in Item 11.2 Nambucca District Water Supply – Documentation of Management Plans for Off River Storage Licence requirements under the Local Government Act as Cr MacDonald’s employee “AusCountry Fuels” are the fuel contractors to multiple dam contractors including Haslin Constructions. Cr MacDonald left the meeting for this item.
Councillor K MacDonald declared a pecuniary interest in Item 11.3 Nambucca District Water Supply – Off River Storage Adaptive Management Workshop Requirements under the Local Government Act as Cr MacDonald’s employee “AusCountry Fuels” are the fuel contractors to multiple dam contractors including Haslin Constructions. Cr MacDonald left the meeting for this item.
Councillor K MacDonald declared a pecuniary interest in Item 12.1 Macksville Industrial Estate - Channel Remediation Works under the Local Government Act as Cr MacDonald’s employee has just bought the corner block immediately opposite the drain for the purpose of locating a transtank/office. Cr MacDonald left the meeting for this item.
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CONFIRMATION OF MINUTES - Ordinary Council Meeting 28 November 2013 |
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That the minutes of the Ordinary Council Meeting of 28 November 2013 be confirmed. |
NOTICE OF MOTION - CR Smyth
NOTICE OF MOTION - CR Hoban – LATE
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Resolved: (Flack/Smyth)
That the following delegations be heard:
Mr Russ Holland - PUBLIC FORUM on behalf of Westpac Life Saver Rescue Helicopter
Mr Holland made the following points: · 60% of funding required to operate the service is raised from donations · Service costs more than $7million per year to run · State Government is proposing to rationalise the number of aerial rescue services.
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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
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5/13 RESOLVED: (MacDonald/Ballangarry)
That the list of outstanding actions and reports be noted and received for information by Council. |
Cr Flack left the meeting at 9.46 am and returned after the conclusion of the item at 10.00 am.
Ms Sheree Smith addressed Council making the following comments:
* The community should decide on what they want
* There are new funding models
* Need to be proactive in ensuring the Health District listens to the community
* People from community need to be more involved in deciding on the facilities to be provided by the HealthOne facility
* Consultation should occur prior to making decisions on facilities such as the HealthOne facility
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ITEM 9.5 DA2013/092 111213 Planning Proposal rezoning and reclassification and DA2013/092 Proposed HealthOne Facility and Subdivision |
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7/13 RESOLVED: (Ainsworth/Finlayson)
1 That pursuant to Clause 59 of the Environmental Planning and Assessment Act 1979 the Planning Proposal (LEP amendment no 15), associated documents and submissions be forwarded to Department of Planning and Infrastructure requesting that they seek the making of the Plan by the Minister.
2 That those persons/agencies who made submissions be advised of Council's decision.
3 That Council formally thank Ms Liz Jeremy, General Manager of Bellingen Shire Council for her conducting the public hearing.
4 That Council support in principle the draft conditions of consent prepared for this development so that they can be forwarded to Mid North Coast Local Health District for consideration in accordance with the requirements of clause 89 of the Environmental Planning and Assessment Act 1979.
5 That following agreement of the applicant or Minister to the draft conditions of consent and the making of the plan that consent be released under delegated authority.
6 That Council receive a further report regarding any future sale of the land to Mid North Coast Local Health District.
For the motion: Councillors Hoban, Ballangarry, Smyth, Finlayson, Ainsworth, MacDonald and South (Total 7) Against the motion: Nil
8/13 Resolved: (Hoban/Finlayson)
That Council continue its lobbying for the provision of renal dialysis services for the Nambucca Valley and Council note the assurance given by Mr Dowrick, CEO of the Mid North Coast Health District, that funding is available for the provision of a dialysis service.
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ITEM 9.2 SF1830 111213 Companion Animal Management & Options to Improve Animal Welfare & Housing |
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1 That Council note the gradual decline in euthanasia rates, reasons for euthanasia and endorse the actions of the Development and Environment section in attempting to ensure more animals are released or sold.
2 That Council consider options for upgrading its Pound when it considers its draft budget.
3 That grants be sought to assist with the Pound upgrade costs
4 That an on-line companion animal re-homing scheme via the website, Facebook and the local veterinary clinics start as soon as possible.
10/13 Resolved: (Hoban/MacDonald)
That Council endorse the use of staff discretion when dealing with the payment of companion animal fees and determining the suitability of animals for rehousing.
11/13 Resolved: (Smyth/Flack)
That Council contact local media outlets to establish whether as a community service they would be prepared to promote Council’s initiative to save animals from euthanasia and that a media release be issued once the web based animal re-homing scheme is operating. |
The meeting adjourned for morning tea at 10.26am
The meeting resumed at 10.44am
Cr Ainsworth and Cr Finlayson left the meeting for this item at 10.44 am and returned to the meeting after the conclusion of this item at 11.27 am.
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12/13 RESOLVED: (MacDonald/Hoban)
1. That Council licence the reserve as a primitive camping area in accordance with Section 68 of the Local Government Act, Local Government (Manufactured Homes, Movable Dwellings, Caravan Parks and Camping Grounds Regulation 2005).
2. That for the 2013/14 Christmas period Council try to manage a maximum allocation within the reserve in the designated camp sites of 60 combination camper vehicles/caravans and tents with a maximum of 30 camper vehicles/caravans at any one time. These allocations to be reviewed post Christmas.
13/13 Resolved: (Flack/Smyth)
That no dogs be allowed in the Reserve. |
Item 9.5 was heard earlier in this meeting as a delegation.
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ITEM 9.7 SF1148 111213 Council Ranger's Report November 2013 |
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That the report from Council’s Ranger for November 2013 be received and noted by Council. |
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ITEM 9.8 SF1842 111213 Application For Special Rate Variation 2014/15 |
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17/13 RESOLVED: (Finlayson/Ballangarry)
1 That the five (5) submissions be noted and that each be informed of Council’s decision as well as being provided with a copy of the council report.
2 That Council approve of the Section 508A Special Rate Variation Scenario 3 (as amended), to increase the general income by successive annual percentage increases of 5.30% in 2014/15 and 6.00% in 2015/16, the yield for which remains permanently in the rate base. This application does not imply an increase above the rate peg in subsequent years.
3 That the extra general income, above the annual rate peg amount, be used to establish a Roads and Bridges Renewal Levy, to meet the challenges of maintaining and renewing the infrastructure.
4 That Council not adopt (an additional voluntary) pensioner concession, under Section 582 of the NSW Local Government Act 1993, on the basis that the mandatory pensioner concessions already place a significant burden on council’s financial position, the majority of pensioners are subject to a Minimum Rate and the announcement of a lower than expected Rate Peg for 2014/15.
5 That Council notify IPART of its intention to lodge a Section 508A application for a Special Rate Variation.
6 That an Extraordinary Council Meeting be held on Thursday 20 February 2014 to adopt the Draft Delivery Program and Long Term Financial Plan, as council’s IP&R documents must be adopted prior to applying to IPART for a special variation to general income
Note: Cr MacDonald voted against the recommendation for the reasons that were set out in her Notice of Motion to the Council meeting on 28 November 2013.
18/13 Resolved: (Hoban/MacDonald)
That if Council and IPART support a rate increase above rate pegging, Council provide a quarterly report either through a media release or its rates newsletter to confirm to ratepayers that the additional funds are being spent on roads and bridges as indicated in our community consultation. |
General Manager Report – LATE
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ITEM 9.10 SF1856 111213 Request that Councils collect rates for and pay rates to the new Local Land Services |
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That Council lodge with IPART strong objections to proposals by the Local Land Services Board of Chairs that Councils firstly collect Local Land Services rates for properties with an area of less than 2 hectares and secondly that public landholders, including Councils, pay rates to the Local Land Services for the reasons indicated in the report.
AMENDMENT: (Ainsworth/South)
1 That Council lodge with IPART strong objections to proposals by the Local Land Services Board of Chairs that Councils firstly collect Local Land Services rates for properties with an area of less than 2 hectares and secondly that public landholders, including Councils, pay rates to the Local Land Services for the reasons indicated in the report.
2 That Council invite Mr Kent Lee to make a presentation to Council on the Local Land Services.
The amendment was carried and it became the motion and it was:
20/13 Resolved: (Ainsworth/South)
1 That Council lodge with IPART strong objections to proposals by the Local Land Services Board of Chairs that Councils firstly collect Local Land Services rates for properties with an area of less than 2 hectares and secondly that public landholders, including Councils, pay rates to the Local Land Services for the reasons indicated in the report.
2 That Council invite Mr Kent Lee to make a presentation to Council on the Local Land Services. |
Assistant General Manager Corporate Services Report
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ITEM 10.2 SF29 111213 Basis of operation and ownership of future Council alliances for the provision of services |
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22/13 RESOLVED: (Flack/Ainsworth)
That Council receive and note this report. |
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23/13 RESOLVED: (Flack/Ballangarry)
That the list of grant applications and their status to 4 December 2013 be received. |
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ITEM 10.4 SF1875 111213 Investment Report To 30 November 2013 |
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24/13 RESOLVED: (MacDonald/Ainsworth)
That the Accountants’ Report on Investments placed to 30 November 2013 be noted. |
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26/13 RESOLVED: (Flack/Ballangarry)
That the schedule of dates for public Council meetings be noted and received for information by Council. |
Item 10.8 was dealt with at the beginning of the meeting.
Assistant General Manager Corporate Services Report – LATE
Assistant General Manager Engineering Services Report
Cr Finlayson left the meeting immediately before this item at 12.30pm and did not return.
Cr MacDonald left the meeting at 12.47 pm and returned to the meeting after the conclusion of item 11.3 at 12.50 pm.
NOTICE OF MOTION - CR MACDONALD—LATE
Cr MacDonald advised she had a pecuniary interest in item 12.1 and left the meeting at 12.52 pm.
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1 That Council consider any written representations from the public as to why the Meeting should not be Closed to the public.
2 That Council move into Closed Meeting to discuss the matters for the reason(s) listed below.
Reason reports are in Closed Meeting: |
Assistant General Manager Engineering Services Report
For Confidential Business Paper in Closed Meeting
ITEM 12.1 LF6515 111213 Macksville Industrial Estate - Channel Remediation Works
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 12.52 pm.
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That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 1.05 pm |
FROM COUNCIL IN CLOSED MEETING
Assistant General Manager Engineering Services Report
For Confidential Business Paper in Closed Meeting
CLOSURE
There being no further business the Mayor then closed the meeting the time being 1.06 pm.
Confirmed and signed by the Mayor on 16 January 2013
CR RHONDA HOBAN
MAYOR
(CHAIRPERSON)