The following document is the minutes of the Council meeting held on 31 January 2013. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 13 February 2013 and therefore subject to change.  Please refer to the minutes of 13 February 2013 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Paula Flack

Cr Kim MacDonald

Cr Bob Morrison

Cr Anne Smyth

Cr Elaine South

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Greg Meyers (AGM Corporate & Community Services)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

PRAYER

 

Pastor Jon Ventham from the C3 Church, offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor K MacDonald declared a pecuniary interest in Item 11.4 Establishment of Rainwater Tank Rebate Scheme to be paid through Water Fund under the Local Government Act as Cr MacDonald has recently drafted a Tank Rebate Application for her employer IJ & EJ McCosker.  Cr MacDonald left the meeting for the duration of this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 16 January 2013

 

50/13 RESOLVED:          (Flack/MacDonald)

 

That the minutes of the Ordinary Council Meeting of 16 January 2013 be confirmed subject to the following amendment:

 

Cr Ainsworth – Page 9, Item 9.7 – should read:

 

For the motion: Councillors Hoban, Ainsworth, Ballangarry, Flack, Smyth, Finlayson, Morrison, and South             Total 8

Against the motion:    Nil

 

 

 

NOTICE OF MOTION - CR Smyth

 

ITEM 5.1     SF1817              310113     Notice of Motion - Reforming Public Library Funding (SF838)

51/13 RESOLVED:          (Smyth/Flack)

 

That Council write to the Minister for the Arts, the Hon George Souris MP, through the Hon Andrew Stoner MP, Deputy Premier and Member for Oxley, calling upon the Government to implement the submission of the Library Council of NSW for the reform of the funding system for NSW public libraries.  The State Library is currently seeking State Government support for this funding increase and model change.

 

  


 

DELEGATIONS

 

Resolved:         (Ainsworth/South)

 

That the following delegations be heard:

 

ITEM 9.3     2013 World Rally Championship - Request to Construct a Section of Road to link Simpsons               Ridge Road with Lower Buccrabendinni Road

          i)        Mr David Catchpole from World Rally Australia

 

ITEM 11.1    Attards Road, Congarinni North - Request for Maintenance

          ii)       Colin Haddrick on behalf of Access to Lot 168 DP 755537 - Attards  Road

 

Mr Catchpole addressed Council making the following comments:

·            Simpson’s Ridge Road – World Rally would like to extend stages

·            Make this stage the most iconic  - to a total length of 55 kms – longest in the world

·            Putting Nambucca Shire on the map

·            Name this stage Nambucca Hanging Rock

·            Simpsons Ridge Road will need to be upgraded for approx 2 kms

·            State Forests will do some work, Council asked to do the last two kms on Simpsons Ridge Road

·            Encountered some “unfriendly” closed gates

·            Identified 13 residences – some lived in – left letters with 7 out of 9 responses positive, to bring the Rally through

·            Implications on Pawsys Road less significant

·            Looking to get funding from Council to aid with repair of top end of Simpsons Road

·            Council offered $3,000 will not cover cost – estimated $5,000 to $6,000 – with funding up to 50% coming from World Rally

·            2011 World Rally did make a profit and it was used for investigations, promotion etc

·            Date is not yet confirmed, will need to confer with RMS, Nambucca stages may be run on a Friday

·            No other financial assistance will be sought from Council (at this stage)

 

ITEM 9.3     SF1797              310113     2013 World Rally Championship - Request to Construct a Section of Road to link Simpsons Ridge Road with Lower Buccrabendinni Road

Motion:     (Flack/Smyth)

 

1        Council provide its approval to the upgrade of the unformed road between Simpsons Ridge Road and Hanging Rock Road subject to property owners along the unformed section raising no objection.

 

2        That Rally Australia be advised that unfortunately for financial reasons Council is unable to commit funding towards the 2013 World Rally event and they will need to arrange for the funding of any required road upgrading, including for the section between Simpsons Ridge Road and Hanging Rock Road.

 

The motion was LOST

 

Motion:     (Ainsworth/MacDonald)

 

That Council provide its approval to the upgrade of the unformed road between Simpsons Ridge Road and Hanging Rock Road as well as funding of $3,000.00 required by NSW Forests to undertake grading work.

 

Amendment:      (Morrison/Ballangarry)

 

1            That Council provide its approval to the upgrade of the unformed road between Simpsons Ridge Road and Hanging Rock Road as well as funding of $3,000.00 required by Rally Australia to undertake grading work and that the cost not come from the Roads Budget and that prior to any future rally taking place that World Rally undertake any required maintenance.

 

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

 

52/13 Resolved:          (Morrison/Ballangarry)

 

That Council provide its approval to the upgrade of the unformed road between Simpsons Ridge Road and Hanging Rock Road as well as funding of $3,000.00 required by Rally Australia to undertake grading work and that the cost not come from the Roads Budget and that prior to any future rally taking place that World Rally undertake any required maintenance.

 

 

DELEGATIONS continued

 

Mr Colin Haddrick addressed Council making the following comments:

·            Access to Lot 168, DP 755537 Mr Haddrick is the owner

·            Access runs through his property – section of Crown road through his property

·            Requests bridge to be replaced – spans 7 m across the creek

·            Attards Road regarded by Council as private

·            Bridge in dangerous state of disrepair

·            Second timber bridge was washed away later, rebuilt as a concrete bridge – who built/funded this

·            Has paid for an engineering report on decaying bridge (Ron Hawkins)

·            Mr Hawkins recommended making the bridge a culvert which would be the least expensive

·            Bridge not trusted by many residents and visitors

·            Requests Council to urgently investigate/address drainage in this area

·            Bridge and 50m of road are in line with Wilsons Road

·            Who is responsible for the flooding

·            On behalf of several rate payers hoping that Council will replace the bridge

·            Requests discussion with Council as soon as possible

·            This part of the road should be transferred to Council and then Council fix the bridge as State Government will not fix the bridge

 

Resolved:         (Ainsworth/Flack)

 

That Ms Maureen Sheridan, a long term resident in this area, be allowed to address and answer questions from Council

 

 

ITEM 11.1   SF768                310113     Attards Road, Congarinni North - Request for Maintenance

53/13 RESOLVED:          (Ainsworth/Ballangarry)

 

That this matter be deferred and a further report come to Council including the conditions of consent that were in the original subdivisions.

 

 

 

Resolved:         (Flack/Ballangarry)

 

That Item 10.8 be brought forward as Mr Glen Robinson from Station Street was in the gallery to hear the item.

 

ITEM 10.8   DA2012/111       310113     DA2012/111 Telecommunications Facility, 36 McKay Street, Macksville

54/13 RESOLVED:          (Finlayson/Ainsworth)

 

That this item be deferred.

 

55/13 Resolved:          (Flack/MacDonald)

 

That Council investigate whether any works have commenced on the site and this be included in a report back to Council.

 

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                310113     Outstanding Actions and Reports

56/13 RESOLVED:          (Ainsworth/Ballangarry)

 

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

 

 

 

ITEM 9.2     SF894                310113     Independent Local Government Review Panel update

57/13 RESOLVED:          (Ainsworth/Smyth)

 

That a submission be forwarded to the Independent Local Government Review Panel indicating that Nambucca Shire Council is interested in any shared services and regional collaboration models which will deliver economies or savings to our local community whilst retaining the local identity provided by its local governing body. 

 

 

Item 9.3 was dealt with under Delegations.

 

 

 

Assistant General Manager Corporate and Community Services Report

 

ITEM 10.1   SF251                310113     Schedule of Council Public Meetings

58/13 RESOLVED:          (Flack/Smyth)

 

That the schedule of dates for public Council meetings be noted and received for information by Council.

 

 

 

ITEM 10.2   SF729                310113     2013/2014 Fees and Charges General Increase

59/13 RESOLVED:          (Flack/Ballangarry)

 

That Council increase its General Fees and Charges by a minimum of 5% for consideration with the 2013/2014 budget, other than for Water, Sewerage and Garbage charges, fees set by statute and those fees that have been specifically modelled and endorsed by Council or those fees that are regulated by annual CPI adjustment such as Section 94 contributions.

 

 


 

ITEM 10.3   SF395                310113     Loan Report 2012/2013

60/13 RESOLVED:          (Flack/MacDonald)

 

That Council consider the offers from the six Financial Institutions as a late item.

 

 

 

ITEM 10.4   SF1709              310113     DEP Applications and Statistical Reports 2011-2012, And Certificates Received 2010-2012 (November 2012)

61/13 RESOLVED:          (Ainsworth/Ballangarry)

 

1          That Council note development application statistics and processing times for 2012 compared with 2011.

 

2          That Council note the statistical information for Applications and Certificates received and released by Council for 2010-2012.

 

 

 

ITEM 10.5   SF1709              310113     DEP Applications and Statistical Reports 2011-2012, And Certificates Received 2010-2012 (December 2012)

62/13 RESOLVED:          (Flack/Ballangarry)

 

1          That Council note development application statistics and processing times for 2012 compared with 2011.

 

2          That Council note the statistical information for Applications and Certificates received and released by Council for 2010-2012.

 

 

 

ITEM 10.6   SF1709              310113     Outstanding DA's Greater Than 12 months, Applications Where Submissions Received Not Determined to 1-18 January 2013

63/13 RESOLVED:          (South/Flack)

 

That the applications where submissions have been received be noted and received for information by Council.

 

Foreshadowed Motion:   (Flack/)

 

That Cr Flack will request the calling in of DA 2012/108.

 

 

 

ITEM 10.7   SF1148              310113     Contract Regulatory Officer's Report December 2012

64/13 RESOLVED:          (MacDonald/South)

 

That the report from the Contract Regulatory Officer for December 2012 be received and noted by Council.

 

 

Item 10.8 was dealt with earlier in these minutes.

 

 

 


 

Assistant General Manager Engineering Services Report

 

Item 11.1 was dealt with under Delegations.

 

 

 

 

ITEM 11.2   SF1676              310113     Capital Works Report - 1 October 2012 to 31 December 2012

65/13 RESOLVED:          (Ainsworth/South)

 

1        That the Capital Works Report for the period 1 October 2012 to 31 December 2012 be received and noted.

 

2        That the proposed variations be endorsed and included in the December 2012 budget review.

 

 

 

ITEM 11.3   SF1031              310113     Adoption of Policies for Building in the Vicinity of Sewers and Easements for Sewerage Water Supply and Stormwater

66/13 RESOLVED:          (Flack/Smyth)

 

That Council adopt the revised policies for “Building in the Vicinity of Sewers” and “Easements for Sewerage, Water Supply and Stormwater”.

 

 

 

Cr MacDonald left the meeting for this item at 7.26 pm and returned at the conclusion of discussions, the time being 7.39 pm.

 

ITEM 11.4   SF1294              310113     Establishment of Rainwater Tank Rebate Scheme to be paid through Water Fund

Motion:    (Ainsworth/South)

 

That Council:

 

1        Recommence the funding of the rainwater tank rebate in 2013/14 and beyond and fund the rebate through the Water Fund.

 

2        Include an allocation of $20,000 for rainwater tank rebates as part of the budget allocation for water saving devices within the 2013/14 Budget and beyond.

 

3        Revise the current Rainwater Tank Policy to incorporate the proposed tiered rebate system as outlined in this report and place it on public exhibition for the required 28 day period.

 

Amendment:      (Flack/South)

 

1        Recommence the funding of the rainwater tank rebate in 2013/14 and beyond and fund the rebate through the Water Fund.

 

2        Include an allocation of $20,000 for rainwater tank rebates as part of the budget allocation for water saving devices within the 2013/14 Budget and beyond.

 

3        That recommendation 3 (Revise the current Rainwater Tank Policy to incorporate the proposed tiered rebate system as outlined in this report and place it on public exhibition for the required 28 day period) be deferred for a more thorough review eg refers to superseded guidelines; NSW Government no longer has a subsidy etc.  Also, query the minimum size of a tank and whether smaller tanks can receive a rebate.

 

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

 

67/13 Resolved:          (Flack/South)

 

1        Recommence the funding of the rainwater tank rebate in 2013/14 and beyond and fund the rebate through the Water Fund.

 

2        Include an allocation of $20,000 for rainwater tank rebates as part of the budget allocation for water saving devices within the 2013/14 Budget and beyond.

 

3        That recommendation 3 (Revise the current Rainwater Tank Policy to incorporate the proposed tiered rebate system as outlined in this report and place it on public exhibition for the required 28 day period) be deferred for a more thorough review eg refers to superseded guidelines; NSW Government no longer has a subsidy etc.  Also, query the minimum size of a tank and whether smaller tanks can receive a rebate.

 

 

 

ITEM 11.5   SF86                  310113     Resignation of the Nambucca State Emergency Services Local Controller - Leanne Cooper

68/13 RESOLVED:          (Flack/South)

 

That Council:

 

1        Receive and note the report and the temporary appointment of Mr Paul Hendriks and Peter Shales as joint acting Local State Emergency Service Controllers for the Nambucca SES Unit while the recruitment of a new Local Controller is commenced.

 

2        Formally thank Ms Leanne Cooper for her service to the Nambucca Valley community while she was Local State Emergency Service Controller for the Nambucca SES Unit and wish her well in her new endeavour as a Volunteer Support Officer with the NSW SES in Grafton.

 

 

 

ITEM 11.6   SF1483              310113     2012 Local Government Graffiti Survey

69/13 RESOLVED:          (Flack/South)

 

That Council receive and note the February 2012 report on the NSW Local Government Graffiti Survey.

 

     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

Resolved:         (South/Ballangarry)

 

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 Corporate and Community Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1   LF167                310113     On Site Sewage Management Systems 5625 Pacific Highway, North Macksville

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) (g) of the Local Government Act, 1993, on the grounds that the report contains a discussion in relation to the personal hardship of a resident or ratepayer; AND 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.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2   SF1713              310113     Loans Program 2012/2013

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) (d) of the Local Government Act, 1993, on the grounds that 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.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.40 pm.

 

 

 

 

RESUME IN OPEN MEETING

 

70/13 RESOLVED:          (Finlayson/South)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 8.13 pm.

 

 

FROM COUNCIL IN CLOSED MEETING

 

Assistant General Manager Corporate and Community Services Report

 

For Confidential Business Paper in Closed Meeting

ITEM 12.1   LF167                310113     On Site Sewage Management Systems 5625 Pacific Highway, North Macksville

Motion:     (Flack/Smyth)

 

That Council seek expedited Class 4 orders from the Land and Environment Court to require the property owner to comply with Council’s orders.

 

Amendment:      (Finlayson/Ainsworth)

 

That the Mayor and the Assistant General Manager Corporate and Community Services visit and explain the seriousness of Council’s orders and the need for him to attend to them and further, that they be authorised to discuss options for rectifying the problem.

 

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

 

71/13 Resolved:          (Finlayson/Ainsworth)

 

That the Mayor and the Assistant General Manager Corporate and Community Services visit and explain the seriousness of Council’s orders and the need for him to attend to them and further, that they be authorised to discuss options for rectifying the problem.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2   SF1713              310113     Loans Program 2012/2013

72/13 RESOLVED:          (Finlayson/Morrison)

 

1       That Council accept the National Australia Bank loan offer of $1,206,000 at a rate of 5.35% per annum with monthly repayments of $12,998.68 for 10 years.

 

2       That Council authorize the Mayor and the General Manager to execute Loan agreement for $1,206,000 at a rate of 5.35% per annum with monthly repayments of $12,998.68 for 10 years.

 

3        That in the event the National Australia Bank requires the loan agreement to be executed under seal that the Council Seal be affixed to the Loan agreement for $1,206,000 at a rate of 5.35% per annum with monthly repayments of $12,998.68 for 10 years.

 

4        That the loans not be executed until the General Manager discusses with the Mayor the terms of the loan and in particular whether the balance on which interest is charged is reducible.

 

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 8.15 pm. 

 

Confirmed and signed by the Mayor on 13 February 2013.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)