KYOGLE COUNCIL
ORDINARY COUNCIL MEETING
TO BE HELD AT KYOGLE COUNCIL CHAMBERS, STRATHEDEN STREET, KYOGLE
ON MONDAY 21 JUNE 2010
Commencing at 3.30 p.m.
GENERAL MANAGER: ARTHUR PIGGOTT
Dear Councillor,
In accordance with the provisions of the Local Government (General) Regulation 2005, you are hereby notified of the following Ordinary Meeting to be held at the Kyogle Council Chambers, on Monday 21 June 2010, at 3.30 p.m.
DECLARATION OF PECUNIARY INTEREST Councillors and Senior Staff are reminded to consider whether a Pecuniary Interest exists in any matter on the Agenda for this Meeting or raised during the course of the Meeting. The term "Pecuniary Interest' should be extended to include possible "conflicts of interest” and immediately declared prior to discussion of the Agenda item. Where a direct or indirect pecuniary interest exists, the member must refrain from commenting on or voting on the subject matter and must leave the Chamber.
BUSINESS Item 1 Apologies Item 2 Opening Prayer Item 3 Traditional Lands Acknowledgement Item 4 Declaration of Interests Item 5 Question Time Item 6 Public Access Item 7 Deputations Item 8 Questions with Notice from Councillors Item 9 Matters Determined without Further Debate Item 10 Confirmation of Minutes Item 11 Mayoral Minute Item 12 Notices of Motion Item 13 Reports from Delegates Item 14 Information Reports Item 15 Reports from General Manager A Technical Services Section B Planning Services Section C Environmental Services Section D Corporate Services Section E Community Services Section F General Manager’s Section Item 16 Urgent Business Without Notice Item 17 Confidential Business Paper
ARTHUR PIGGOTT GENERAL MANAGER
COUNCIL PRAYER
"Almighty God, Ruler of all the Nations, we ask for your blessing upon this Meeting of Council.
Give us your wisdom to work in harmony and direct and prosper all that we do to the advancement of your glory and the true welfare of the People of the Council Area.
AMEN
______
Adopted by Council on October 21, 1991. Resolution 91 /G 1159
Note: Council Policy is for the Mayor or Chairperson to lead the Council Meeting in the Prayer at the start of the first Meeting of the day.
Council acknowledges that this meeting is being held on the Traditional Lands of the Bundjalung people and we acknowledge elders, both past and present.
Adopted by Council on 11 December 2006. Resolution 111206/21
______
DISCLAIMER The advice or information contained within the Minutes enclosed with this Business Paper is given by the Council without liability or responsibility for its accuracy. Reliance cannot be placed on this advice or information until the Minutes have been duly accepted as an accurate record and confirmed by Resolution of Council.
(ARTHUR PIGGOTT), GENERAL MANAGER.
5.7 Question Time (Council Policy) A public Question Time session is scheduled following the Declaration of Interests as part of the Ordinary Meeting. This session allows residents to ask questions of Councillors or Management on any issue without prior notice.
Each speaker has a maximum allowable time of 5 minutes.
If a response to a question is not able to be provided during question time, the speaker should be requested to put their question in writing and a written response will be provided in due course and tabled at the next available Council meeting.
The Chair has the right to refuse any question, to refuse to take any further questions from and individual or to end the session.
Speakers are not to debate answers.
Speakers are not to make any insulting or defamatory statements, and to take care when discussing other people’s personal information (without their consent).
The maximum duration of this session is 30 minutes.
5.8 Public Access (Council Policy) That Public Access be scheduled for all Ordinary Meetings of Council.
A maximum of 30 minutes is allowed for the Public Access segment.
Individual residents concerned about a particular issue may make application for public access and are required to register with the General Manager by phone or in writing by the close of business on the working day preceding the meeting day; and include the subject matter of the matter proposed for discussion.
If granted Public Access by the General Manager, the individual resident will be allowed five (5) minutes to address Council with an extension for Councillors to direct questions to the speaker. No more than two speakers for a subject will be permitted Five (5) minutes is allocated for Council's response.
Applicants who submit an application outside the above times will generally be refused, however, where unusual circumstances exist, the Mayor may at his/her discretion, advise the Council that a public access application has been received and Council has the option to grant public access.
5.9 Deputations to Council (Council Policy) Applications in writing, stating the subject matter to be discussed for Deputations to address Council on a particular subject may be made to the General Manager at least seven (7) days prior to the meeting.
Details of Scheduled deputations are to be included in the Business Paper; Deputations are allowed twenty (20) minutes to address Council and twenty (20) minutes for questions and answers. (Resolution 29/11/93-[007]).
ORDINARY COUNCIL MEETING
Monday 21 June 2010
INDEX TO BUSINESS PAPER
ITEM PRECIS PAGE
ITEM 1 APOLOGIES 1
ITEM 2 OPENING PRAYER 1
ITEM 3 TRADITIONAL LANDS ACKNOWLEDGEMENT 1
ITEM 4 DECLARATION OF INTERESTS 1
ITEM 5 QUESTION TIME 1
ITEM 6 PUBLIC ACCESS 1
ITEM 7 DEPUTATIONS 1
ITEM 8 QUESTIONS WITH NOTICE FROM COUNCILLORS 1
ITEM 9 MATTERS DETERMINED WITHOUT FURTHER DEBATE 2
9.1 MATTERS DETERMINED WITHOUT DEBATE 2
ITEM 10 CONFIRMATION OF MINUTES 2
10.1 CONFIRMATION OF ORDINARY MINUTES 2
ITEM 11 MAYORAL MINUTE 3
ITEM 12 NOTICES OF MOTION 3
12.1 NOTICE OF MOTION; COUNCILLOR JOHN O'REILLY - 3 RESCHEDULING SEPTEMBER ORDINARY MEETING
12.2 NOTICE OF MOTION; COUNCILLOR JOHN O'REILLY - 5 WORKS COMMITTEE MEETINGS
ITEM 13 DELEGATES REPORTS 7
13.1 DEPUTY MAYOR ATTENDANCES 7
ITEM 14 INFORMATION PAPERS 8
14.1 CONFIRMATION OF GOVERNANCE COMMITTEE MINUTES 8
14.2 MONTHLY FINANCIAL REPORT - MAY 9
14.3 MALLANGANEE AND GREVILLIA SCHOOLS - CULTURAL 11 FACILITIES
ITEM 15 GENERAL MANAGER ‘S REPORT 13
ORDINARY COUNCIL MEETING - 21 June 2010
ITEM 15A TECHNICAL SERVICES REPORT 13
15A.1 WORKS REPORT 13
15A.2 NAMING OF ROADS 14
ITEM 15B PLANNING SERVICES REPORT 16
15B.1 DEVELOPMENT APPLICATIONS RECEIVED, OUTSTANDING 16 & DETERMINED FOR THE PERIOD MAY 1, 2010 AND MAY 31, 2010
15B.2 PRINCIPAL LOCAL ENVIRONMENTAL PLAN 25
15B.3 ALCOHOL FREE ZONES 28
15B.4 NOTICE OF MOTION - KYOGLE MEMORIAL INSTITUTE 29
ITEM 15C ENVIRONMENT SERVICES REPORT 32
ITEM 15D CORPORATE SERVICES REPORT 32
15D.1 2010-2011 MANAGEMENT PLAN 32
15D.2 REVIEW OF COUNCIL POLICIES 34
15D.3 REVOTES 36
ITEM 15E COMMUNITY SERVICES REPORT 38
15E.1 COMMUNITY STRATEGIC PLAN 38
ITEM 15F GENERAL MANAGER'S REPORT 41
ITEM 16 URGENT BUSINESS WITHOUT NOTICE 41
ITEM 17 CONFIDENTIAL BUSINESS PAPER 41
17.1 ANNUAL TENDERS - GOODS AND SERVICES 41
17.2 CONDUCT OF AN ILLEGAL LAND USE - LEGAL 41 PROCEEDINGS
17.3 TRANSFER OF CLOSED ROAD NORCO KYOGLE 42
17.4 CONTRACTUAL CONDITIONS OF SENIOR STAFF 42
APPENDIX / ATTACHMENTS 1
10.1 CONFIRMATION OF ORDINARY MINUTES 2
14.2 MONTHLY FINANCIAL REPORT - MAY 24
ORDINARY COUNCIL MEETING - 21 June 2010
ITEM 1 APOLOGIES
ITEM 2 OPENING PRAYER
ITEM 3 TRADITIONAL LANDS ACKNOWLEDGEMENT
ITEM 4 DECLARATION OF INTERESTS
Nil.
ITEM 5 QUESTION TIME
Nil.
ITEM 6 PUBLIC ACCESS
Nil.
ITEM 7 DEPUTATIONS
Nil.
ITEM 8 QUESTIONS WITH NOTICE FROM COUNCILLORS
Nil.
ORDINARY COUNCIL MEETING 21 June 2010 Page 1
ITEM 9 MATTERS DETERMINED WITHOUT FURTHER DEBATE
9.1 MATTERS DETERMINED WITHOUT DEBATE
Summary/Purpose
This report seeks Council determination of those items that do not require further debate.
Report
This item allows Council to determine those matters that will be adopted “en globo” and assist in Council meetings operating smoothly and avoid undue delays where Councillors agree with the staff recommendations.
Upon the moving of this motion, the Mayor will then invite Councillors to call the item numbers of any report(s) which they wish to be excluded from the general resolution and considered separately.
Recommendation
1. That Council identify those matters to be dealt with by the exception method. 2. That the remaining matters be adopted.
ITEM 10 CONFIRMATION OF MINUTES
10.1 CONFIRMATION OF ORDINARY MINUTES
Summary/Purpose
A copy of the Minutes for the Ordinary Meeting held on 17 May 2010 is included in the attachments to the business paper.
Recommendation
That the Minutes of the Ordinary Meeting held 17 May 2010 be adopted.
Attachments
1. Minutes of the Ordinary meeting held 17 May 2010
ORDINARY COUNCIL MEETING 21 June 2010 Page 2
ITEM 11 MAYORAL MINUTE
Nil.
ITEM 12 NOTICES OF MOTION
12.1 NOTICE OF MOTION; COUNCILLOR JOHN O'REILLY - RESCHEDULING SEPTEMBER ORDINARY MEETING
Summary/Purpose
This item presents to Council a Notice of Motion received from Councillor John O'Reilly for Ordinary meeting to be held 21 June 2010.
Report
The Notice of Motion is as follows;
ORDINARY COUNCIL MEETING 21 June 2010 Page 3
Recommendation
For Council's determination.
ORDINARY COUNCIL MEETING 21 June 2010 Page 4
12.2 NOTICE OF MOTION; COUNCILLOR JOHN O'REILLY - WORKS COMMITTEE MEETINGS
Summary/Purpose
This item presents to Council a Notice of Motion received from Councillor John O'Reilly for Ordinary meeting to be held 21 June 2010.
Report
The Notice of Motion is as follows;
ORDINARY COUNCIL MEETING 21 June 2010 Page 5
Recommendation
For Council's determination.
ORDINARY COUNCIL MEETING 21 June 2010 Page 6
ITEM 13 DELEGATES REPORTS
13.1 DEPUTY MAYOR ATTENDANCES
Summary/Purpose
The following summarises the Deputy Mayor Attendances for the period 1 May 2010 through 2 June 2010.
Report
Date Attendance
19/5/2010 Rotary “Pride of Workmanship” Awards, Kyogle 21/5/2010 VIC & Roxy Gallery Volunteers Thank You Morning Tea 24/5/2010 Red Cross Meeting, Lismore 28/5/2010 NOROC Meeting, Murwillumbah 29/5/2010 Dr Perry’s Retirement Morning Tea 31/5 – 2/6/2010 Shires Association Conference, Sydney
Kyogle Rotary “Pride of Workmanship” Awards – this was a very successful event with Kyogle Council’s Bruno Sudiro being awarded the “Outstanding Adult Employee 2010”.
Shires Association Conference – the conference provided an excellent opportunity for networking, gathering information and listening to State politicians, both government and opposition, respond to a Q&A session and put forward their policies/proposed policies for NSW, in particular Local Government’s future role.
Some of the speeches/presentations made at the conference are available on the following website: http://www.lgsa-plus.net.au/www/html/3332-speeches-and-presentations.asp
The business papers and record of decisions are available on the following website: http://www.lgsa-plus.net.au/www/html/3223-motions-and-business- papers.asp?intSiteID=2
Recommendation
1. That the information contained in the Deputy Mayor Attendances for the period 1 May 2010 through 2 June 2010 be received and noted. 2. That Council send a letter of congratulations to Bruno Sudiro on his award.
ORDINARY COUNCIL MEETING 21 June 2010 Page 7
ITEM 14 INFORMATION PAPERS
14.1 CONFIRMATION OF GOVERNANCE COMMITTEE MINUTES
Summary/Purpose
This report presents the minutes of the Governance Committee meeting held 24 May 2010.
Strategic Priority Area
Customer Service
Report
The minutes of the meeting appear below:
Kyogle Council
Unconfirmed Minutes of the Governance Committee Meeting held in the Council Chambers, Stratheden Street, Kyogle, on Monday 24 May 2010.
PRESENT Cr. R. Brown, (Mayor in the Chair), Cr. J. Wilson and Cr. L. Zito.
IN ATTENDANCE The General Manager and the Personal Assistant to the General Manager & Corporate Services.
MEETING COMMENCEMENT The Mayor declared the meeting open at 3.30 p.m.
ITEM 1 APOLOGIES Nil
ITEM 2 OPENING PRAYER The Mayor read the opening prayer.
ITEM 3 TRADITIONAL LANDS ACKNOWLEDGEMENT Council acknowledges that this meeting is being held on the Traditional Lands of the Bundjalung people and we acknowledge Elders, both past and present.
ITEM 4 DECLARATION OF INTERESTS Nil
ITEM 5 REPORTS
Item-5.1 COMMUNITY STRATEGIC PLAN
RECOMMENDED
ORDINARY COUNCIL MEETING 21 June 2010 Page 8
Councillor Lynette Zito, seconded Councillor Janet Wilson.
The report on the Community Strategic Plan was received and noted.
CARRIED FOR VOTE - Unanimous vote
Item-5.2 AUDIT STRATEGY 30 JUNE 2010
RECOMMENDED Councillor Lynette Zito, seconded Councillor Janet Wilson.
That the report on the audit strategy 30 June 2010 was received and noted.
CARRIED FOR VOTE - Unanimous vote
MEETING CLOSURE There being no further business the Mayor declared the meeting closed at 4.00 p.m.
Recommendation
That the Governance Committee Meeting Minutes of 24 May 2010, be received and noted.
14.2 MONTHLY FINANCIAL REPORT - MAY
Summary/Purpose
This report serves to advise Council of matters of interest not requiring a determination by Council and/or not affecting Council Policy.
Strategic Priority Area
Customer Service
Background Information
Legislative Requirements Clause 212 of the Local Government (General) Regulation 2005 states that:
(1) The responsible accounting officer of a council:
ORDINARY COUNCIL MEETING 21 June 2010 Page 9
(a) must provide the council with a written report (setting out details of all money that the council has invested under section 625 of the Act) to be presented:
(i) if only one ordinary meeting of the council is held in a month, at that meeting, or
(ii) if more than one such meeting is held in a month, at whichever of those meetings the council by resolution determines, and
(b) must include in the report a certificate as to whether or not the investment has been made in accordance with the Act, the regulations and the council's investment policies.
(2) The report must be made up to the last day of the month immediately preceding the meeting.
Report
The following information is presented for information only.
1. (A) Finance Reports
Summary reports outlining Council’s financial position as at 31 May, 2010. The reports presented include:
• Rates Statement • Statement of Bank Balances • Summary of Investments
It should be noted that these reports do not include accounting adjustments to be brought to account on an annual basis. The reports also remain unaudited as at the date of presentation to Council.
2. (B) Councillors Travel Expenses Report
Included as an attachment to this report is a schedule showing payments to Councillors for travel claims made during the month. As stated in the Notes, some Councillors may have outstanding claims that cover more than one period.
Recommendation
That the Monthly Finance Report – May be received and noted.
ORDINARY COUNCIL MEETING 21 June 2010 Page 10
Attachments
1. Financial Reports 2. Councillors Travel
14.3 MALLANGANEE AND GREVILLIA SCHOOLS - CULTURAL FACILITIES
Summary/Purpose
This report presents to Council information regarding a resolution of Council to investigate the use of the Mallanganee and Grevillia schools as cultural facilities.
Strategic Priority Area
Village Life (Town and Village Development)
Previous Council Consideration
At the March 2010 Ordinary meeting when considering a report regarding the Draft Cultural Strategy, Council resolved:
That under the current service agreement, CTC (now known as Kyogle Together) be engaged to provide a report to Council on the suitability and cost of using the Mallanganee and Grevillia school buildings as cultural facilities.
Report
Contact has recently been made with the asset management section of the Department of Education. The staff there advised that at this stage both the schools have had the teachers withdrawn, but they are not officially closed. The Department of Education Policy is that after a certain period of time (not specified) a further review will be done of these schools. If this results in the school being officially closed, then the assets are sold at some time through a process of public auction.
In relation to the CTC providing a report under the current service agreement, the Manager at CTC has advised this would be on a fee for service basis. It would appear that the preparation of a report is not covered by the current service agreement, and although it is an area of interest to the CTC, would not be at a nil cost.
Budget & Financial Aspects
There is currently no budget allocation for the purchase of the sites (should they become available) or for the preparation of the report.
ORDINARY COUNCIL MEETING 21 June 2010 Page 11
Recommendation
That the report on Mallanganee and Grevillia Schools – Cultural Facilities be received and noted.
ORDINARY COUNCIL MEETING 21 June 2010 Page 12
ITEM 15 GENERAL MANAGER ‘S REPORT
ITEM 15A TECHNICAL SERVICES REPORT
15A.1 WORKS REPORT
Summary/Purpose
This report provides an update to Council on the progress of the Works Program to June, 2010.
Strategic Priority Area
Roads and Infrastructure
Report
During the month of May, maintenance grading has been carried out on Boomi Creek Road, Brumby Plains Road, McMillans Road and Glen Road in the Woodenbong area and gravel resheeting has been completed on Ghinni Ghi Road. Gravel resheeting on Ironpot Creek is currently in progress. Maintenance grading is scheduled for June in Sextonville Road, Dyraaba Road and Theresa Creek Road. After the commencement of the new financial year grading will continue in the Dyraaba, Ettrick and Barkersvale areas.
Routine maintenance work including pothole patching, shoulder slashing and weed control has been carried out throughout the road network during the month.
A considerable amount of additional heavy patching work on both Bruxner Highway and Summerland Way was approved by the Roads and Traffic Authority for completion before the end of the financial year and this work is currently in progress. Rehabilitation of another section of the Summerland Way north of Burnetts Creek was also approved late in the year and has now been completed.
The construction of the Bean Creek No 4 Bridge on Clarence Way by contractor EK Sanderson is continuing with completion now expected early in July. Council’s bridge construction team have completed the new bridges on Glen Road and Larsson Road and are proceeding with construction of a new bridge on Brumby Plains Road.
Other works completed during the month include replacement of the concrete footpath in Wyangarie Street, Kyogle at the memorial pool, installation of pedestrian fencing to the new footpath at the bus loading area in George Street, Kyogle, installation of new playground equipment in the Tabulam reserve and piping of the open drain near Andersons Engineering off the Summerland Way at Kyogle.
ORDINARY COUNCIL MEETING 21 June 2010 Page 13
Recommendation
That the Works Report be received and noted.
15A.2 NAMING OF ROADS
Summary/Purpose
This report is to provide Council with information in relation to the proposed naming of roads.
Strategic Priority Area
Roads and Infrastructure
Previous Council Consideration
At its Ordinary Meeting of February 15, 2010 Council resolved;
“That Council advertises for submissions from the public on the road naming issue listed below; Road No. 4018 Description of Route The un-named laneway in the village of Bonalbo which runs parallel to and between Cope Street and Gill Street, starting from Woodenbong Road (Clarence Way) through Sandilands Street and Capeen Street and then south west of Capeen Street ending at the boundary of Lot 10 Section G DP 10036. Proposed Road Name Lunar Lane Reason Un-named road
That Council advertises for submissions from the public on the road naming issue listed below; Road No. To be determined Description of Route The new road created within Lot 39 DP 755753, starting from the intersection with Collins Creek Road approximately 7.8km from the intersection with the Summerland Way, created as part of Stage 1 of Development Application 2007-40. Proposed Road Name Chisholm Court Reason Newly constructed road
ORDINARY COUNCIL MEETING 21 June 2010 Page 14
Report
The proposed names were advertised in the Richmond River Express Examiner on February 24, 2010. No submissions were received. As such, it is proposed to proceed with the road names as advertised.
Budget & Financial Aspects
The costs of gazettal, signage and notification of addresses is funded from Councils normal operating budget.
Recommendation
1. That the report on naming of roads be received and noted.
2. That, under section 162 of the Roads Act 1993, Council adopts the proposed road name shown below and serve notice of this name on Australia Post, the Registrar- General and the Surveyor General as required under Section 7 of the Roads (General) Regulation 2000, prior to Gazettal.
Road No. 4018 Description of Route The un-named laneway in the village of Bonalbo which runs parallel to and between Cope Street and Gill Street, starting from Woodenbong Road (Clarence Way) through Sandilands Street and Capeen Street and then south west of Capeen Street ending at the boundary of Lot 10 Section G DP 10036. Proposed Road Name Lunar Lane Reason Un-named road
Road No. To be allocated Description of Route The new road created within Lot 39 DP 755753, starting from the intersection with Collins Creek Road approximately 7.8km from the intersection with the Summerland Way, created as part of Stage 1 of Development Application 2007-40. Proposed Road Name Chisholm Court Reason Newly constructed road
ORDINARY COUNCIL MEETING 21 June 2010 Page 15
ITEM 15B PLANNING SERVICES REPORT
15B.1 DEVELOPMENT APPLICATIONS RECEIVED, OUTSTANDING & DETERMINED FOR THE PERIOD MAY 1, 2010 AND MAY 31, 2010
Report
06/81 Property: L 97 DP 755751 Warrazambil Parish, Rous County Address:: Lynches Creek Road Lynchs Creek Applicant/Owner: Shane McDaniel Hickey / S & J Hickey Proposal: Piggery Shed Received: Referred To DMP For Comment Status: Applicant to advise 2006/159 Property: Lot 2 DP 123265 Boorabee Parish, Rous County Address:: Mulvena Road, Larnook Applicant/Owner: Tony Michael Boyd / Comdox No.203 Pty Ltd Proposal: Dwelling Received: Referred To DMP For Comment Status: Applicant to advise 2007/161 Property: Lot 1 DP 529272 Fairy Mount Parish, Rous County Address:: Kyogle Rd Kyogle Applicant/Owner: Newton Denny Chapelle / GF & CJ Rogers Proposal: Subdivision Received: Referred To DMP For Comment Status: Applicant to advise 2007/176 Property: Lot 77 DP 755723 Mummulgum Parish, Rous County Address:: Bruxner Highway Mummulgum Applicant/Owner: P N Van Mourik / WJ & PN Van Mourik Proposal: Subdivision Received: Referred To DMP For Comment Status: Applicant to advise 2007/188 Property: Lot 32 DP 1047834 Queebun Parish, Rous County Address:: Carruthers Rd Doubtful Creek Applicant/Owner: John Joseph Hession / Tasmanian Plantation Pty Ltd Proposal: Subdivision Received: Referred to Department of Lands & RFS for Comment Status: Consultant to advise 2008/17 Property: Lot 1 DP 527983 Sandilands Parish, Drake County Address:: Bruxner Hwy Sandilands Applicant/Owner: Enviro Link Consulting / SH & KA Larsson
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Proposal: Industrial Facility -Soyabean Processing Facility Received: Referred To DMP For Comment Status: Awaiting DMP Comment 2008/87 Property: Lot 1 DP 820659 Peacock Parish, Buller County Address:: Station Road, Bonalbo Applicant/Owner: Newton Denny Chapelle / GT & DL Jarrett & Tasmanian Plantations P/L Proposal: Subdivision Received: Referred To DMP For Comment Status: Applicant to advise 2008/88 Property: Lot 54 DP 751074 Peacock Parish, Buller County Address:: Station Road, Gorge Creek Applicant/Owner: Newton Denny Chapelle / GT & DL Jarrett & Tasmanian Plantations P/L Proposal: Subdivision Received: Referred To DMP For Comment Status: Applicant to advise 2008/125 Property: Lot 101 DP 881876 Fairy Mount Parish, Rous County Address:: Green Pigeon Rd Green Pigeon Applicant/Owner: Allan Clarke / The Secretary, Green Pigeon Pty Ltd Proposal: 4 Commercial Sheds Received: Referred To DMP For Comment Status: Applicant to advise 2009/6 Property: Lot 3 DP 1122813 Boomi Parish, Buller County Address:: Boomi Creek Rd Boomi Creek Applicant/Owner: Enviro Link Consulting / DP & GJ Stace Proposal: Subdivision Received: Referred To RFS For Comment Status: Applicant to advise 2009/18 Property: Lot 2 DP 810222 Wiangarie Parish, Rous County Address:: Summerland Way, New Park Applicant/Owner: Newton Denny Chapelle / PA, CL, & LJ Bordin & ER Smith Proposal: Subdivision Received: Referred To DMP for Comment Status: Applicant to advise 2009/32 Property: Lot 157 DP 781822 Fairy Mount Parish, Rous County Address:: Irwin St Kyogle Applicant/Owner: Enviro Link Consulting / SA Hoffman Proposal: Strata Received: Referred To DMP For Comment Status: Applicant to advise 2009/34 Property: Lot 5 DP 843729 Roseberry Parish, Rous County
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Address:: Roseberry Creek Rd Roseberry Creek Applicant/Owner: LandPartners / Currey Family Holdings P/L & KGC Nominees P/L Proposal: Subdivision Received: Referred To DMP For Comment Status: Applicant to advise 2009/46 Property: Lot 7 DP 759111 Donaldson Parish, Rous County Address:: Macpherson St Woodenbong Applicant/Owner: Enviro Link Consulting / Jasmine Blue Pty Ltd Proposal: Subdivision Received: Referred To DMP For Comment Status: Applicant to advise 2009/126 Property: Lot 13 DP 834450 Wiangarie Parish, Rous County. Address:: Collins Creek Rd Fawcetts Plain Applicant/Owner: Brendan Neil Pratt / BN Pratt & FM Farrah Proposal: Spray Booth Received: Referred To DMP For Comment Status: Applicant to advise 2010/12 Property: Lot 3 DP 21237 Fairy Mount Parish, Rous County. Address:: Wyndham St Kyogle Applicant/Owner: Rodney Nardi / R Nardi Proposal: Dwelling and Retaining Walls Received: Referred To DMP for Comment Status: Awaiting DMP Comments 2010/39 Property: Lot 855 DP 803944 Loadstone Parish, Rous County. Address:: Cedargetters Rd Gradys Creek Applicant/Owner: Danielle Sandra Mulholland-Eaton Proposal: Multiple Occupancy Received: Referred To DMP For Comment Status: Applicant to advise 2010/56 Property: Lot 24 DP 661658 Black Camp Parish, Drake County. Address:: Larsson Rd Tunglebung Applicant/Owner: Newton Denny Chapelle / Bioforest Limited Proposal: Subdivision By Boundary Adjustment Received: Referred To DMP For Comment Status: Approved subject to conditions 2010/58 Property: Lot 1 DP 17828 Fairy Mount Parish, Rous County. Address:: Greer St Kyogle Applicant/Owner: GM Project Development & Management / C Viel & RC Endres Proposal: Subdivision Received: Referred To DMP For Comment Status: Applicant to advise 2010/59
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Property: Lot 78 DP 6317 Fairy Mount Parish, Rous County. Address:: Gardner Lane Kyogle Applicant/Owner: Landpartners / MM Pethers Proposal: Subdivision Received: Referred To DMP For Comment Status: Applicant to advise 2010/74 Property: Lot 1 DP 1113095 Fairy Mount Parish, Rous County. Address: Summerland Way Kyogle Applicant/Owner: Scott Wayne Lynch / SW Lynch & TA Mettam Proposal: Retaining Wall Received: Referred To DMP For Comment Status: Applicant to advise 2010/80 Property: Lot 5 DP 1122813 Boomi Parish, Buller County. Address: Boomi Creek Rd Boomi Creek Applicant/Owner: Glenda Joy Stace / DP & GJ Stace Proposal: Tourist Cabin Received: Referred To DMP For Comment Status: Applicant to advise 2010/88 Property: Lot 77 DP 751059 Donaldson Parish, Buller County. Address:: Recreational Road off Lindsay Creek Rd Woodenbong Applicant/Owner: Dean Jeffery / WG Jeffery Proposal: Dwelling Received: Referred To DMP For Comment Status: Awaiting Applicant's Comments 2010/93 Property: Lot 1 DP 759088 Wiangarie Parish, Rous County. Address:: Worendo Street, Wiangaree Applicant/Owner: L Young / L Young & TA Faulks Proposal: Change Of Use From Church To Health Received: Referred To DMP For Comment Status: Applicant to advise 2010/95 Property: Lot 7002 DP 96390 Sandilands Parish, Drake County. Address:: Bruxner Hwy Mallanganee Applicant/Owner: West of the Range Pony Club / NSW Dept of Lands Proposal: Storage Shed Received: Referred To DMP For Comment Status: Awaiting Applicant's Comments 2010/98 Property: Lot 223 DP 832402 Sherwood Parish, Rous County. Address: Imbreys Road Grevillia Applicant/Owner: Geoffrey Eric Smith / GE Smith Proposal: Dwelling Received: Referred To DMP For Comment Status: Approved subject to conditions
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2010/99 Property: Lot 13 DP 1139552 Warrazambil Parish, Rous County. Address: Green Pigeon Rd Green Pigeon Applicant/Owner: Richmond John Matthews / RJ & LR Matthews Proposal: Dwelling Received: Referred To DMP For Comment Status: Approved subject to conditions 2010/101 Property: Lot 1 DP 622829 Fairy Mount Parish, Rous County. Address: Kyogle Rd Little Back Creek Applicant/Owner: Robert Joseph Alcorn / RJ Alcorn Proposal: Dwelling Additions Received: Referred To DMP For Comment Status: Approved subject to conditions 2010/104 Property: Lot 14 DP 20701 Tabulam Parish, Drake County. Address: Bruxner Hwy Tabulam Applicant/Owner: RJ & KJ Kelly Proposal: Bottle Shop Received: Referred To DMP For Comment Status: Awaiting Applicant's Comments 2010/106 Property: Lot 32 DP 607359 Dyraaba Parish, Rous County. Address: Theresa Creek Road, Theresa Creek Applicant/Owner: Joshua Hamilton Moore / JH & JR Moore Proposal: Existing Extended Dwelling And Shed Received: Referred To DMP For Comment Status: Awaiting Applicant's Comments 2010/107 Property: Lot 1 DP 305744 Fairy Mount Parish, Rous County. Address: Anzac Dr Kyogle Applicant/Owner: Stephen P McElroy / Ritchies Stores Pty Ltd Proposal: Carpark Received: Referred To DMP For Comment Status: Awaiting Applicant's Comments 2010/108 Property: Lot 13 DP 1036751 Cougal Parish, Rous County. Address: Brindle Creek Rd Loadstone Applicant/Owner: Merlene May Webster / EF & MM Webster Proposal: Subdivision Sepp 1 Variation Received: Referred To DMP For Comment Status: Awaiting RFS Comments 2010/109 Property: Lot 15 DP 1040001 Warrazambil Parish, Rous County. Address: Collins Creek Rd Collins Creek Applicant/Owner: Gary Peter Gilliland / GP & SK Gilliland Proposal: Dwelling & Dwelling Demolition Received: Referred To DMP For Comment Status: Awaiting Applicant's Comments
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2010/111 Property: Lot 10 DP 1132977 Fairy Mount Parish, Rous County. Address: Killaloe Rd Green Pigeon Applicant/Owner: David James Orr / DJ Orr & SL Patten Proposal: Driveway Received: Referred To DMP For Comment Status: Approved subject to conditions 2010/113 Property: Lot 12 DP 1058287 Fairy Mount Parish, Rous County. Address: Andrew St Kyogle Applicant/Owner: Graeme Alexander Johnston / GA & WL Johnston Proposal: Commercial Additions Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2010/116 Property: Lot 2 DP 252632 Runnymede Parish, Rous County. Address: Highfield Rd Kyogle Applicant/Owner: Carol Frances Marriott Proposal: Extensions, Carport & Shed Received: Referred To DMP For Comment Status: Approved subject to conditions 2010/117 Property: Lot 150 DP 832962 Geneva Parish, Rous County. Address: Old Cob'O'Corn Road, Horsestation Creek Applicant/Owner: Philip Edward Reynolds / PE Reynolds & Cloud Proposal: Dwelling Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2010/118 Property: Lot 636 DP 882001 Mummulgum Parish, Rous County. Address: Bulmers Rd Hogarth Range Applicant/Owner: Steven Anthony Locke / SA Locke & C-L Allen Proposal: Pool Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2010/119 Property: Lot 10 DP 1009850 Roseberry Parish, Rous County. Address: Summerland Way, Rukenvale Applicant/Owner: Beef & Reef Pty Ltd / Tranquil Pools & Landscapes Proposal: Pool Received: Referred To DMP For Comment Status: Approved subject to conditions 2010/120 Property: Lot 2 DP 242313 Wiangarie Parish, Rous County. Address: Collins Creek Rd New Park Applicant/Owner: Michael James Harley / BJ Davis & MJ Harley Proposal: Dwelling Extensions Received: Referred To DMP For Comment Status: Awaiting DMP Comments
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2010/121 Property: Lot 12 DP 1007161 Runnymede Parish, Rous County. Address: Craig St Kyogle Applicant/Owner: Country Energy Proposal: Fence Enclosure Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2010/122 Property: Lot 1 DP 595113 Toonumbar Parish, Rous County. Address: Crossleys Road, Toonumbar Applicant/Owner: Riordans Consulting Surveyors / Dr BK Perry Proposal: Subdivision 2 Lots Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2010/123 Property: Lot 290 DP 4517 Fairy Mount Parish, Rous County. Address: Bloore St Kyogle Applicant/Owner: Douglas Edward Petherbridge / DE LM Petherbridge & Others Proposal: Duplex Received: Referred To DMP For Comment Status: DMP Comments 2010/124 Property: Lot 43 DP 802131 Sherwood Parish, Rous County. Address: Koala Grove, Roseberry Applicant/Owner: Shane Eric Cooper / SE Cooper Proposal: As Built Dwelling Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2010/125 Property: Lot 13 DP 12117 Fairy Mount Parish, Rous County. Address: Fisher St Kyogle Applicant/Owner: Peter Marshall / Mr RJ Commens Proposal: Subdivision By Boundary Adjustment Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2010/126 Property: Lot 48 DP 6798 Runnymede Parish, Rous County. Address: Merrigan St Kyogle Applicant/Owner: Aaron Anderson Reid / AA & MJ Reid Proposal: Dwelling Additions Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2010/127 Property: Lot 20 DP 751050 Capeen Parish, Buller County. Address: Clarence Way Bean Creek Applicant/Owner: Newton Denny Chapelle / AT & AL Harwood Proposal: Subdivision By Boundary Adjustment Received: Referred To DMP For Comment Status: Awaiting DMP Comments
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2010/128 Property: Lot 1 DP 733977 Evans Parish, Buller County. Address: Clarence Way Bottle Creek Applicant/Owner: CA Gambley Proposal: Patio Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2010/129 Property: Lot 2 DP 1096376 Hanging Rock Parish, Rous County. Address: Gabal Rd Lillian Rock Applicant/Owner: SD Sledge / SD Sledge & DL Voinot Proposal: Rural Workers' Dwelling Additions Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2010/130 Property: Lot 22 DP 877275 Runnymede Parish, Rous County. Address: Kamala Ave Kyogle Applicant/Owner: SP Mazzer / SP Mazzer & TA Whitehouse Proposal: Swimming Pool Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2010/131 Property: Lot 1 DP 630823 Mearimb Parish, Buller County. Address: Clarence Way, Old Bonalbo Applicant/Owner: G Olsson / SG & LM Olsson Proposal: Dwelling Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2010/132 Property: Lot 102 DP 755707 Fairy Mount Parish, Rous County. Address: Walters Rd Horseshoe Creek Applicant/Owner: Kyogle Dirt Bike Club / KE & V Kook Proposal: Trail Bike Rides Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2010/133 Property: Lot 66 DP 755707 Fairy Mount Parish, Rous County. Address: Taveners Road Horseshoe Creek Applicant/Owner: Kyogle Dirt Bike Club / CJ Simpson Proposal: Two Dirt Bike Trail Rides Per Year, Initially Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2010/134 Property: Lot 11 A DP 20701 Tabulam Parish, Drake County. Address: Bruxner Hwy Tabulam Applicant/Owner: Engineering Mining & Petroleum / SR Davies & A Dabron Proposal: LPG Fuel Tank Received: Referred To DMP For Comment Status: Awaiting DMP Comments
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Recommendation
1. That, with the exception of the following items in which Councillors ……………… and …………… have declared an interest,
• Cr…………………. 10B.1 Development Applications Received, Determined and Outstanding DA…/… - Reason for Declaration -
• Cr…………………..10B.1 Development Applications Received, Determined and Outstanding DA…/… - Reason for Declaration -
The information contained in the report Development Applications Received, Determined and Outstanding for the period May 1, 2010 to May 31, 2010 be received and noted.
2. That the information contained in the report Development May 1, 2010 to May 31, 2010 only in relation to DA../… and DA../…. In which Councillors ….. have declared an interest be received and noted.
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15B.2 PRINCIPAL LOCAL ENVIRONMENTAL PLAN
Summary/Purpose
This report presents to Council the draft Kyogle Local Environmental Plan 2010 for consideration, modification and adoption as a draft Plan for submission to the Department of Planning pursuant to section 64 of the Environmental Planning and Assessment Act 1979.
Strategic Priority Area
Environmental & Pastoral
Background Information
On 31 March 2006 the Standard Instrument (Local Environmental Plans) Order 2006 was gazetted and Kyogle Council directed by the NSW Department of Planning to prepare a principal local environmental plan ("LEP"). The principal LEP is to be made according to the standard form and content prescribed by the Order and will supersede existing Interim Development Orders ("IDO"), Local Environmental Plans, certain Development Control plans ("DCP") and certain State Environmental Planning Policies currently applicable to the Local Government Area.
Kyogle Council staff have translated planning controls and contemporary strategies and map data into the new standard format required by the NSW Department of Planning. This has been undertaken in consultation with various State Government Agencies including the Department of Environment, Climate Change and Water; Investment and Industry NSW; and the Department of Services, Technology and Administration.
Kyogle Council has a memorandum of understanding with the Department of Planning for finalising the principal LEP as follows:
• Section 65 Request - September 2010 • Section 68 Report - January 2011
These dates will enable the publication of Kyogle's principal LEP by June 2011 in accordance with the State Government's prioritisation policy.
Previous Council Consideration
At the Ordinary Meeting of Council on 19 March 2007 the following resolution was carried:
1. Pursuant to Section 54 of the Environmental Planning and Assessment Act 1979, Council resolves to prepare the Kyogle Comprehensive Local Environmental Plan 2007 to combine and replace all statutory planning instruments in the Kyogle Council area.
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2. That Council advise the Director General of the Department of Planning of the decision to prepare a draft Kyogle Comprehensive Local Environmental Plan. 3. That Council advise the Department of Planning of Council’s intention to utilise the Planning Reform Fund grant provided to Council in 2006 to assist in the completion of the Kyogle Comprehensive Local Environmental Plan 2007. 4. That Council advise the Director General of the Department of Planning of the decision to rescind Council’s previous resolution (No. 86/G403) dated July 1, 1986 to prepare the Kyogle Local Environmental Plan. 5. That Council provide to the Department of Planning an indication of other funding commitments involved in the preparation of the Kyogle Comprehensive Local Environmental Plan 2007 and a timeline for the completion of the Plan.
Report
A draft principal LEP has been produced and disseminated to the elected Council under separate cover. The draft principal LEP is requested to be adopted in its current form or in a modified state to facilitate the publication of the principal LEP by June 2011.
As previously advised, Schedule 5 Environmental Heritage of the principal LEP requires the listing of known heritage items, conservation areas and archaeological sites. This Schedule has been refined through draft Local Environmental Plan 18 - Heritage Provisions (which has become the Council's first Planning Proposal under the new plan making provisions of the Environmental Planning and Assessment Act 1979).
In order to finalise LEP 18 and Schedule 5 of the principal LEP, clarification is required concerning the Council resolution of 17 May 2010 to withdraw "those items containing residential dwelling components which have not been listed on a voluntary basis." This resolution is requested to be defined as it could include buildings illegally occupied for residential purposes, commercial buildings with ancillary dwelling houses, and so forth.
The recommendation contains an abridged Schedule 1 list of items placed on public exhibition for draft LEP 18. This list is to be edited by removing any Item considered to not contain a residential dwelling component from the Schedule. The schedule will then be finalised and forwarded to the Department of Planning with a request to the Minister to make Kyogle Local Environmental Plan 18 pursuant to section 59(2)(a) of the Environmental Planning and Assessment Act 1979 (post 1 July 2009 amendments). The draft Schedule of LEP 18 will then be duplicated in Schedule 5 of the draft principal LEP.
Budget & Financial Aspects
Kyogle Council has received financial assistance from the State Government under the Planning Reform Fund to undertake the principle LEP, including the carrying out of associated strategies. The Planning Reform Fund Approved Allocation is $75,000 and is subject to a project Memorandum of Understanding as endorsed by the Department of Planning on 14 May 2010.
Kyogle Council has also received funding from the Heritage Branch of the Department of Planning to undertake associated strategies; that is, a review of the Godden Mackay Heritage Study (the Kyogle Local Government Area Heritage Review 2009) and an Indigenous Heritage Study currently being undertaken by the consultancy Converge
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Heritage and Community. These studies have been and are being undertaken on a dollar-for-dollar basis.
Recommendation
1. That the Table of Heritage Items to be included in Schedule 5 of the principal LEP and Schedule 1 of LEP 18 be amended to exclude:- i) those items which have been demolished or approved for demolition; ii) Montogomery’s Bridge, Tabulam Bridge, The Risk Station Bridge and the Green Pigeon Bridge; iii) The six items subject of submissions as lodged during the public exhibition period for LEP 18; iv) Residences or dwellings which have not been listed on a voluntary basis; v) Proposed Conservation Areas.
2. That a copy of the draft principal LEP be forwarded to the Director General under section 64 of the Environmental planning and Assessment Act 1979 (pre 1 July 2009 amendments) requesting a certificate certifying that the draft plan may be publicly exhibited.
3. That, subject to compliance with any lawful direction issued by the Director- General, the draft principal LEP be subject to public notice and exhibition for a period of forty (40) days.
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15B.3 ALCOHOL FREE ZONES
Summary/Purpose
This item aims to provide information to Council on the re-establishment of Alcohol Free Zones following advertising of the proposed Alcohol Free Zones in the local media and in Council’s Administration building.
Background Information
Council received a report at the April Ordinary Meeting, which proposed the re- establishment of Alcohol Free Zones (AFZ).
Alcohol Free Zones presently exist in the town of Kyogle and the villages of Woodenbong and Tabulam.
The current AFZ operational period is due to expire on June 30, 2010.
Strategic Priority Area
Village Life (Town and Village Development)
Report
At the close of the advertising period and subsequent correspondence to identified stakeholders, Council has not received any written or verbal responses.
Issues:
1. The Kyogle, Tabulam and Woodenbong Police have strongly supported the proposed re-establishment of the existing Alcohol Free Zones.
2. No objections have been received to the proposed re-establishment of the Alcohol Free Zones.
3. The NSW Police support the view that the Alcohol Free Zones provide an effective control mechanism to restrict the consumption of alcohol in public streets, and to prevent and deter street offences.
Legislative Requirements: Sections 644A and 644B of the Local Government Act 1993.
Recommendation
1. That Council receives and notes the report concerning the re-establishment of Alcohol Free Zones in the Kyogle area.
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2. That Council re-establishes the Alcohol Free Zones in the town of Kyogle and the villages of Woodenbong and Tabulam for the period of July 1, 2010, to June 30, 2013 in accordance with Sections 644 – 644A and 644B of the Local Government Act, 1993.
15B.4 NOTICE OF MOTION - KYOGLE MEMORIAL INSTITUTE
Summary/Purpose
This report is provided in response to the following Notice of Motion received at the November 2008 Ordinary Meeting.
1) That Council investigate the feasibility of returning the main entrance of the Kyogle Memorial Hall to its original concept. Furthermore, a detailed costing of implementing this work be prepared for Council's consideration. Should the above prove achievable, it be listed for consideration in the forthcoming budget.
Council resolved at the meeting:-
1. That Council investigate the feasibility of returning the main entrance of the Kyogle Memorial Hall to its original concept. Furthermore, a detailed costing of implementing this work be prepared for Council's consideration. Should the above prove achievable, it be listed for consideration in the 2009-2010 budget.
2) That the scoping work will be undertaken in conjunction with the Cultural Strategy to be presented to Council’s February 2009 Ordinary Meeting.
Strategic Priority Area
Village Life (Town and Village Development)
Previous Council Consideration
Following the above resolution a report was presented to the February 2009 Ordinary Meeting.
The report included:
a) a summary on the alterations which had been approved by Council under Development Application 03/105 subject to conditions on 28 March 2003 for the following works:
New awning and disabled access ramp, Stratheden Street Disabled toilets in supper room and in Hall; Modified stairway; and New shop area and shopfront.
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b) details of the anomalies between the Heritage report prepared by Godden Mackay in 1996 and works/improvements which have been undertaken since the plans for the KMI were compiled in 1954 by F J Board & Son.
c) a summary of funding available through the Heritage Branch provided the site is listed in an environmental planning instrument. This fund has no closing date and funding of up to $50,000 is available per community at the rate of $2 for every $1 locally contributed. In the event that alternative funding streams are not obtained, it may be prudent to postpone any works until such time as the building is heritage listed and heritage funding obtained for the works.
d) that it was intended that a Working Party for the Cultural Policy will consider the incorporation of the scoping work for the restoration of the Kyogle Memorial Institute.
e) Budgetary and financial aspects whereby it was stated that in order for detailed costs to be presented to Council for the restoration of the main entrance to its original concept, detailed plans are required to be sourced prior to quotations for the extent of works to be submitted for Council's consideration. Council has a blueprint set of plans dated June 1953 but these will need to be authenticated with an earlier set of plans held by the Kyogle Historical Society to ensure that any proposed works achieve the desired result. Council staff and its Heritage Consultant have been in contact with the Kyogle Historical Society which is willing to loan the plans to Council for the purpose of completing this project, of which they are supportive.
At the Ordinary Meeting of Council held in May 2009 Council resolved:
1. That Council expedite the adoption of a local heritage strategy, 2. That Council apply to the appropriate authority to have the KMI placed on a Heritage register.
At the Ordinary Meeting of Council held on 17 May, 2010 Council resolved:-
1. That Council adopts the Godden Mackay Kyogle Shire Heritage Study, Volume 1, the Godden Mackay Kyogle Shire Heritage Study, Volume 2, the Kyogle Local Government Area Heritage Review 2009, and the Kyogle Local Government Area State Heritage Inventory Database. 2. That Council delegates authority to the General Manager to authorise individual officers to maintain and update the Kyogle Local Government Area State Heritage Inventory Database. 3. That Council amend the schedule and maps of LEP 18 to omit those items which have been demolished or approved for demolition, Montgomery’s Bridge, Tabulam Bridge, The Risk Station Bridge and the Green Pigeon Bridge. 4. That Council withdraw at this time the six items subject of the submission made during the latest exhibition period and also those items containing residential dwelling components which have not been listed on a voluntary basis and the proposed conservation areas until such time as all of these items have been further researched and their heritage significance discussed with the relevant land owners. 4. That Council requests:
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a) Parliamentary Counsel for an Opinion as to whether Local Environmental Plan 18 can legally be made; and b) the Minister for Planning that Local Environmental Plan 18 be made.
The KMI Building is included on the Heritage list within LEP 18.
Report
An inspection of the works undertaken as part of the Stage 2 of the KMI restoration works was undertaken by Council’s Building, Environmental and Planning staff. The extent of works listed from the inspection include:-
a) Removal of glass shop front window and door; b) Removal of rear wall of shop; c) Removal of power board and plumbing at rear of shop; d) Removal of concrete steps located behind rear doors of hall (behind existing shop); e) Installation of new timber or concrete steps from foyer to mezzanine; f) Making good floor area of existing shop with area behind rear doors of hall ( removal of concrete floor and installation of timber floor or alternatively installation of a floating timber floor to be determined); g) Installation of expandable gates at front of foyer area;
The works previously undertaken by F.E. Marsh & Co. Pty. Ltd. as Stage 2 of the KMI restoration works were completed at a cost of $83,798.
Council’s Building and Environmental staff have estimated that the works required to be undertaken to restore the shop back to the original foyer entry concept would be in excess of this amount and likely to be in excess of $100,000.
The Kyogle Sub Branch of the Returned and Services League has recently expressed an interest in utilising the KMI Hall foyer area as its office, meeting room and display area. A community meeting was held on 5 May 2010, in relation to this proposal. The minutes from this meeting are attached to this report.
Recommendation
That Council consult with/survey the community in relation to:-
1. The proposal to restore the original foyer entry of the Kyogle Memorial Institute. 2. The proposed use of the foyer area by the Kyogle RSL as an office, meeting room and display area.
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ITEM 15C ENVIRONMENT SERVICES REPORT
Nil.
ITEM 15D CORPORATE SERVICES REPORT
15D.1 2010-2011 MANAGEMENT PLAN
Summary/Purpose
This report provides information regarding the 2010/2011 Management Plan.
Strategic Priority Area
Customer service
Report
Making of Rates and Charges Council must after consideration of any submissions, formally make all rates and charges to enable levies to be effected.
It should be noted that the general rates advertised in the Revenue Policy have been calculated so as to include a 2.6% increase under Section 508 of the Local Government Act for the 2010/2011 rating year. The Revenue Policy also includes a proposal to introduce a Special Rate – Stormwater and flood management to developed properties within the villages of Kyogle, Woodenbong, Wiangaree, Old Grevillia, Old Bonalbo, Tabulam and Mallanganee, this has been highlighted in advertisements and discussed at the public meetings held in Kyogle and Bonalbo.
At this time of writing this report the Division of Local Government (DLG) had not provided notification as to whether the above rate pegging application had been approved. The DLG have advised that the Minister is expected to announce the results of the special variation applications at the same time and by no later than 7 July 2010. Under Section 533 of the Local Government Act 1993, a rate or charge must be made by 1 August in the year for which the rate or charge is made.
Adoption of Fees Fees may be charged under Section 608 for any services Council provides, other than a service provided, or proposed to be provided, on an annual basis for which it is authorised or required to make an annual charge under section 496 or 501 of the Act. In accordance with Section 610F of the Local Government Act 1993, the proposed fees for the various services provided or intended to be provided by Council over the period 1 July, 2010 to 30 June, 2011.
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Borrowings Outlined in the Revenue Policy of the Management Plan are details of borrowings proposed to be undertaken during the 2010/20110 year. They comprise of two loans one for Water Infrastructure totalling $650,000 and the other $300,000 for Waste Services.
Section 621 of the Local Government Act 1993 authorises Council to borrow at any time for any purpose under the Act. Section 624 allows the Minister for Local Government to impose borrowing limitations or restrictions from time to time. Kyogle Council does not have any limitations or restrictions imposed by the Minister.
Submissions Submissions in relation to Council's 2010/2011 Draft Management Plan were invited through notices in the Express Examiner, May 5, 2010, Council’s Web Site and the Kyogle Council May Newsletter.
Four submissions were received during the exhibition period and are attached to this report as confidential attachments for Councillors. The subject of the submissions is summarised as follows:-
1. Opposing the introduction of the special rate 2. Requesting initial seal of Brown Knob Road 3. Requesting that the Roadside Vegetation Management Plan be fully implemented 4. Financial Assistance for the KCEDC
Consideration of Submissions 1. This information has been forwarded to the Division of Local Government. 2. Funding for these sealing works are not include in the 2010/2011Managment Plan. 3. The Roadside vegetation Management Plan has been adopted by Council in December 2002. Work is carried out in accordance with this plan. 4. This is not included in the 2010/2011 Management Plan and correspondence has been sent advising that it does not appear to meet the Futures Fund criteria.
Conclusion Council has advertised its Draft Management Plan for 2010/2011 in accordance with the provisions of Section 405 of the Local Government Act 1993, and has considered submissions to its Draft Management Plan in accordance with Section 406 of that Act.
It is recommended that Council schedule an Extraordinary Meeting for 28 June 2010, for the purposes of adopting the Management Plan. If no advice is received from the DLG by this date, then Council will need to adopt a Plan that includes both rating scenarios and resolve to make the 2010/11 rates and charges at a later date.
Recommendation
1. That the report on the 2010/2011 Management Plan be received and noted. 2. That an Extraordinary Council meeting be scheduled for 28 June 2010, for the purposes of adopting the 2010/11 Management Plan.
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15D.2 REVIEW OF COUNCIL POLICIES
Summary/Purpose
This report presents to Council a review of Corporate Services Policies. All policies are currently being reviewed further policies will be presented to a subsequent Council Meeting.
Strategic Priority Areas
Customer Service
Report
The Corporate Services Policy register contains the following policies. The following policies have been reviewed and are presented to Council; the remaining policies will be reviewed and reported to a future meeting of Council.
Policy Title Last Review Date Changes Made Currently on public Nil Code of Meeting Practice exhibition Reviewed November Will be presented Provision of Information to 2009 to July meeting and Interaction between with updated Councillors and Staff references to the GIPA Act
June 2009 Nil Payment of Expenses and Provision of Facilities for Councillors June 2009 Needs to be Tendering and Quotations reviewed further in Policy line with new DLG guidelines. June 2009 Changes made to Debt Recovery & Hardship section 6.1. Policy Introducing reminder letters and different procedures for debts above/below $4000 June 2009 Nil Employee Benefits Policy June 2009 Nil
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Occupational Health & Safety Policy June 2009 Nil Rehabilitation Policy June 2009 Currently being Vehicle Policy reviewed by Council Working Party June 2009 To be further Non-smoking Policy reviewed in consultation with the Consultative Committee. Investigation of Smoke Free Outdoor areas. June 2009 Nil Internal Reporting Policy - Protected Disclosures Act, 1994. June 2009 Nil Email & Internet Usage Policy June 2009 Nil Records Management Policy June 2009 Nil Needs to be Investment Policy reviewed further in line with new DLG guidelines June 2009 Nil Fraud Prevention Policy June 2009 Nil Local Purchasing Policy June 2009 Nil Conflict of Interest June 2009 Nil Media relations June 2009 Nil Water Usage Policy – Haemodialysis June 2009 Nil Gifts & Benefits Policy June 2009 Nil Statement of Business Ethics Policy June 2009 Nil Occupational Health & Safety Disciplinary Policy June 2009 Nil Human Resources Strategy
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Policy June 2009 Nil Harassment & Bullying Policy Councillors Record Adopted July 2009 Nil Management Policy
Recommendation
1. That the review of Corporate Services Polices report be received and noted.
2. That the amended Debt Recovery and Hardship Policy be adopted
Attachments Hardship Policy (Separately attached)
15D.3 REVOTES
Summary/Purpose
The purpose of this report is to request Council to revote items of expenditure budgeted for 2009/2010 that remain unspent at 30 June 2010.
Background Information
Legislative Requirements Clause 221 of the Local Government (General) Regulation provides that:
“A council, or a person purporting to act on behalf of a council, must not incur a liability for the expenditure of money unless the council at the annual meeting or at a later ordinary meeting: (a) has approved the expenditure, and (b) has voted the money necessary to meet the expenditure.
Report
There are some projects that were budgeted for the 2009/2010 year that will not be completed by 30 June, 2010. It is intended that a comprehensive list of these projects that are required for revote to the 2009/2010 budget will be presented to the August Ordinary meeting of Council with the June quarter budget review.
Some of these projects however may need to be commenced or continued prior to the August Ordinary Meeting of Council.
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It is recommend that Council authorise these projects (where necessary) to proceed prior to the August Ordinary Meeting.
Recommendation
That Council approve the expenditure of funds in the 2010/2011 financial year that had been voted in the 2009/2010 financial year but were not expended by 30 June 2010.
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ITEM 15E COMMUNITY SERVICES REPORT
15E.1 COMMUNITY STRATEGIC PLAN
Summary/Purpose
This report presents to Council a revised Community Strategic Plan for consideration as well as details in relation to the Integrated Planning and Reporting Framework (IPRF) requirements.
Background Information
Following the commencement of the Local Government Amendment (Planning and Reporting) Act 2009, amendments to the Local Government (General) Regulation 2005 have now been made.
The Local Government (General) Amendment (Planning and Reporting) Regulation 2010 commences on 1 March 2010. The amendments to the Regulation will apply to Group 1 councils from 1 July 2010, Group 2 councils from 1 July 2011 and Group 3 councils from 1 July 2012.
A Ministerial Order was actioned by the Hon Barbara Perry MP, Minister for Local Government on 18 February, 2010 which categorised Kyogle Council as a Group 3 Council for the implementation of the IPRF (i.e. the amendments apply from 1 July, 2012).
Report
The Community Strategic Plan is the highest level plan that Council will prepare. The purpose of the plan is to identify the community’s main priorities and aspirations for the future and to plan strategies for achieving these goals. In doing this, the planning process will consider the issues and pressures that may affect the community and the level of resources that will realistically be available to achieve its aims and aspirations.
Council’s existing strategic plan was adopted in 2007. Whilst Council has some time to meet the implementation requirements of the IPRF, it was considered appropriate in the interim for the current Council to review the existing strategic plan in order to ensure that its goals and priorities were reflected in the document. Accordingly, a workshop was held for this purpose. An amended Community Strategic Plan has now been prepared by staff for consideration by Council. Attached to this report is a copy of the revised draft strategic plan.
For the first Community Strategic Plan (2008-2012 council term) councils will have differing timeframes to prepare the Community Strategic Plan, Resourcing Strategy and Delivery Program. For subsequent terms, councils will have 9 months to review and
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update as necessary the Community Strategic Plan and the Resourcing Strategy and prepare its Delivery Program.
Council should start early preliminary work to place it in a position where it will have no difficulties in meeting the IPRF requirements
The first of the elements that should be addressed are the Community Engagement Strategy and Asset Management Plan.
Community Engagement Strategy Council must prepare and implement a Community Engagement Strategy based on social justice principles for engagement with the local community in developing and reviewing the Community Strategic Plan.
There is no standard format for the Community Engagement Strategy. It is up to each council to decide how the Strategy will be developed and implemented. There is however a general requirement to identify stakeholders and plan methods of engaging each of these groups. How this is done will depend on the individual characteristics of the community, its existing relationship with Council and the time and resources available for the process. It is important that sufficient time is allowed for community engagement.
It is often challenging to involve the community in planning processes, but it is important for the long-term success of the Community Strategic Plan that as many community members as possible are involved in its development.
The Minister for Local Government, Barbara Perry has recently advised in a media release that it will be essential to demonstrate to IPART that Council’s infrastructure plans do reflect the needs and aspirations of the local community. It will therefore be important to liaise closely with the Division of Local Government and IPART during the formulation of the Community Engagement Strategy to ensure that it meets their requirements/satisfaction.
Asset Management Planning Each council must prepare an Asset Management Strategy and Asset Management Plan/s to support the Community Strategic Plan and Delivery Program.
The Asset Management Strategy and Plan/s must be for a minimum timeframe of 10 years.
The Asset Management Strategy must identify assets that are critical to Council’s operations and outline risk management strategies for these assets and include specific actions required to improve council’s asset management capability and projected resource requirements and timeframes.
The Asset Management Plan/s must encompass all the assets under a council’s control, identify asset service standards and contain long term projections of asset maintenance, rehabilitation and replacement costs.
The key components or tools in a council’s asset management system should include:
• Asset registers
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• Asset condition assessments • Asset maintenance and management systems • Strategic planning capabilities • Predictive modelling • Deterioration modelling • Risk analysis • Lifecycle costing.
Councils currently have to report on the condition of their assets in their annual financial statements in line with the Local Government Code of Accounting Practice and Financial Reporting. These assets include roads, water and sewerage assets, drains, bridges, footpaths, public buildings, recreational facilities and parks and gardens. As part of meeting these requirements, Council has to revalue it’s assets at fair value over a number of years with the roads and drainage revaluation to occur in the year ended 30 June, 2010. In order to carry out these revaluations Council has had to ensure that all of these assets are properly identified, had their condition assessed and are componentised.
This information will now form the basis of Council’s asset management plan for which preparation is expected to commence in July.
The Asset Management Plan will look to address issues such as:
• Current asset stock • Condition of council’s current assets • Value of the assets • Operating and maintenance costs of the assets • Level of utilisation of the assets • Current asset management procedures and systems • Current and forecast future needs • Available funding base for operation, maintenance and renewal
Recommendation
1. That the Community Strategic Plan report be received and noted 2. That Council place the draft Community Strategic Plan 2010-2020 on public display for a period of 28 days and call for submissions.
Attachments
1. Draft Community Strategic Plan 2010-2020 (separate attachment)
ORDINARY COUNCIL MEETING 21 June 2010 Page 40
ITEM 15F GENERAL MANAGER'S REPORT
Nil.
ITEM 16 URGENT BUSINESS WITHOUT NOTICE
Nil.
ITEM 17 CONFIDENTIAL BUSINESS PAPER
17.1 ANNUAL TENDERS - GOODS AND SERVICES
Reason for Confidentiality
This report is CONFIDENTIAL in accordance with Section 10A(2)(d) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -
(d) commercial information of a confidential nature
17.2 CONDUCT OF AN ILLEGAL LAND USE - LEGAL PROCEEDINGS
Reason for Confidentiality
This report is CONFIDENTIAL in accordance with Section 10A(2)(g) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -
(g) advice concerning litigation, or advice that would otherwise be privileged
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17.3 TRANSFER OF CLOSED ROAD NORCO KYOGLE
Reason for Confidentiality
This report is CONFIDENTIAL in accordance with Section 10A(2)(d) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -
(d) commercial information of a confidential nature
17.4 CONTRACTUAL CONDITIONS OF SENIOR STAFF
Reason for Confidentiality
This report is CONFIDENTIAL in accordance with Section 10A(2)(a) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -
(a) personnel matters concerning particular individuals
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ORDINARY COUNCIL MEETING 21 June 2010 Page 43
APPENDIX / ATTACHMENTS
KYOGLE COUNCIL
ATTACHMENTS
ORDINARY COUNCIL MEETING
ON 21 JUNE 2010
ORDINARY COUNCIL MEETING 21 June 2010 Page 1
10.1 CONFIRMATION OF ORDINARY MINUTES
Kyogle Council
Unconfirmed Minutes of the Ordinary Meeting held in the Council Chambers, Stratheden Street, Kyogle, on 17 May 2010.
PRESENT
Cr. R. Brown, (Mayor in the Chair), Cr. E. Bennett, Cr. J. Wilson, Cr. J. O'Reilly, Cr. L. Passfield , Cr. L. Zito, Cr. R. Dwyer, Cr. R. Leadbeatter and Cr. T. Cooper.
IN ATTENDANCE
The General Manager, the Director of Technical Services, the Director of Corporate & Community Services, the Director of Planning & Environmental Services and the Personal Assistant to the General Manager & Corporate Services.
MEETING COMMENCEMENT
The Mayor declared the meeting open at 3.30 p.m.
ITEM 1 APOLOGIES
Nil
ITEM 2 OPENING PRAYER
The Mayor read the opening prayer.
ITEM 3 TRADITIONAL LANDS ACKNOWLEDGEMENT
Council acknowledges that this meeting is being held on the Traditional Lands of the Bundjalung people and we acknowledge Elders, both past and present.
ITEM 4 DECLARATION OF INTERESTS
Cr. Robert Dwyer declared an interest in the following item/s: o Item 15D.1 Financial Assistance Applications Reason for Declaration – Treasurer of Committee
Cr. Lynette Zito declared an interest in the following item/s: o Item 15A.2 State Water Corporation Weir Reviews
ORDINARY COUNCIL MEETING 21 June 2010 Page 2
Reason for Declaration – Adjoining Land owner
Cr. Ernie Bennett declared an interest in the following item/s: o Item 15B.3 Heritage Review & Local Environmental Plan 18 Reason for Declaration – relation has listing in report.
Cr. Robert Leadbeatter declared an interest in the following item/s: o Item 15B.3 - Heritage Review & Local Environmental Plan 18 Reason for Declaration – owner of premises
Cr. Tom Cooper declared an interest in the following item/s: o Item 15B.3 - Heritage Review & Local Environmental Plan 18 Reason for Declaration – Director on Norco
Cr. Ross Brown declared an interest in the following item/s: o Item 15B.1 Development Applications Received, Determined and Outstanding for the period 1 April 2010 - 30 April 2010 - 2009/18 Reason for Declaration – adjoining land owner
Director of Planning & Environmental Services declared an interest in the following item/s: o Item 15B.1 Development Applications Received, Determined and Outstanding for the period 1 April 2010 - 30 April 2010 - 2007/188 Reason for Declaration – previous preparation of SOE affects prior to being employed by Kyogle Council.
General Manager declared an interest in the following item/s: o Item 15B.2 Planning & Environment committee Minutes May 3 2010 - Item 5.2 DA2009/35 - Mayfield Estate Reason for Declaration – sister involved in preparation of rezoning application.
ITEM 5 QUESTION TIME
Mr Alan Roberts addressed the meeting in relation to:
• Did Council hold a workshop to discuss Public Access at Council’s Ordinary meetings?
The General Manager advised that a workshop on the matter was held and an amended Draft Code of Meeting Practice if adopted today, will be placed on public display for a period of 42 days.
• Stated that the minutes of the Ordinary April 2010 meeting, did not contain the Mayor's statement that he was laughing at Christmas decorations, not at Mr Roberts whilst he addressed Council at the December Ordinary Meeting.
ORDINARY COUNCIL MEETING 21 June 2010 Page 3
ITEM 6 PUBLIC ACCESS
• Mr Alan Roberts addressed the meeting in relation to the proposed return of the Repco Rally Event in September 2011 and provided a slideshow outlining various environmental reasons why, he believes the event should not reoccur. (copy provided to meeting)
ITEM 7 DEPUTATIONS
Nil.
ITEM 8 QUESTIONS WITH NOTICE FROM COUNCILLORS
Nil.
ITEM 9 MATTERS DETERMINED WITHOUT FURTHER DEBATE
9.1 MATTERS DETERMINED WITHOUT DEBATE
There were no items identified.
ITEM 10 CONFIRMATION OF MINUTES
10.1 CONFIRMATION OF ORDINARY MINUTES
170510/ 1 RESOLVED
Councillor Robert Leadbeatter, seconded Councillor Lindsay Passfield.
That the Minutes of the Ordinary Meeting held 19 April 2010 were adopted.
CARRIED FOR VOTE - Unanimous vote
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10.2 CONFIRMATION OF EXTRAORDINARY MINUTES
170510/ 2 RESOLVED
Councillor Ernie Bennett, seconded Councillor Robert Leadbeatter.
That the Minutes of the Extraordinary Meeting held 27 April 2010 were adopted.
CARRIED FOR VOTE - Unanimous vote
ITEM 11 MAYORAL MINUTE
Nil.
ITEM 12 NOTICES OF MOTION
12.1 NOTICE OF MOTION; CLR JANET WILSON - IMPROVING CONDITIONS FOR THE HEARING IMPAIRED
A motion was moved by Councillor Janet Wilson, seconded Councillor Lynette Zito.
1. That all council meetings, irrespective of venue, be set up with the transportable hearing and sound system which council already owns. 2. That the projection screen be operating in good working order. 3. That, as far as practicable, environmental sounds that are intrusive and disabling to the deaf and hearing impaired, be managed to maximise the opportunities for participation. 4. That councillors who are deaf and /or hearing impaired be advised prior to meetings of council in alternative venues to the Kyogle township chamber, of the arrangements that will be made to ensure that the layout of the venue maximises the opportunities for participation. 5. That council provide training for staff and councillors about meeting the needs of the deaf and hearing impaired to support participation in council activities. 6. That council support the items 1 to 5 by providing training for all staff involved in the management and administration of council meetings and activities with the appropriate technical training to ensure that all equipment and technology is in good working order so that the deaf and hearing impaired can participate fully in the activities of council.
A motion was foreshadowed by Councillor Tom Cooper
ORDINARY COUNCIL MEETING 21 June 2010 Page 5
That all future Council meetings be held in Kyogle at the Council Chambers, assisting those with hearing and physical disabilities.
A motion was foreshadowed by Councillor Ross Brown
That the General Manager or his nominee be given appropriate training in dealing with the deaf or hearing impaired to facilitate their interaction in Council meetings.
The motion was put to the vote and was LOST.
FOR VOTE - Janet Wilson, John O’Reilly, Lynette Zito, Robert Dwyer AGAINST VOTE - Ernie Bennett, Lindsay Passfield, Robert Leadbeatter, Ross Brown, Tom Cooper
A motion was moved by Councillor Tom Cooper, seconded Councillor Robert Leadbeatter
That all future Council meetings be held in Kyogle at the Council Chambers, assisting those with hearing and physical disabilities.
The motion was put to the vote and was CARRIED.
170510/ 3 RESOLVED
Councillor Tom Cooper, seconded Councillor Robert Leadbeatter.
That all future Council meetings be held in Kyogle at the Council Chambers, assisting those with hearing and physical disabilities.
CARRIED
FOR VOTE - Ernie Bennett, Lindsay Passfield, Robert Leadbeatter, Ross Brown, Tom Cooper AGAINST VOTE - Janet Wilson, John O’Reilly, Lynette Zito, Robert Dwyer
A motion was moved by Councillor Ross Brown, seconded Councillor Tom Cooper
That the General Manager or his nominee be given appropriate training in dealing with the deaf or hearing impaired to facilitate their interaction in Council meetings.
The motion was put to the vote and was CARRIED.
170510/ 4 RESOLVED
Councillor Ross Brown, seconded Councillor Tom Cooper.
ORDINARY COUNCIL MEETING 21 June 2010 Page 6
That the General Manager or his nominee be given appropriate training in dealing with the deaf or hearing impaired to facilitate their interaction in Council meetings.
CARRIED
FOR VOTE - Ernie Bennett, John O’Reilly, Lindsay Passfield, Lynette Zito, Robert Dwyer, Robert Leadbeatter, Ross Brown, Tom Cooper AGAINST VOTE - Janet Wilson
12.2 NOTICE OF MOTION; COUNCILLOR LINDSAY PASSFIELD - RECREATION DIRT BIKE RIDING ON CROWN LANDS
170510/ 5 RESOLVED
Councillor Lindsay Passfield, seconded Councillor Lynette Zito.
1. That Council requests State Forest NSW to convene a meeting of stakeholders to establish a system of regulation and enforcement for recreation dirt bike riding on Crown Lands in Kyogle Local Government Area.
2. That as a minimum this meeting should involve Kyogle Council, NSW National Parks, NSW Lands Department, and Indigenous Representatives, Local Landcare Groups, Progress Associations, Tourism operators and Dirt Bike Australia. CARRIED FOR VOTE - Unanimous vote
ITEM 13 DELEGATES REPORTS
13.1 DELEGATES REPORT; COUNCILLOR LINDSAY PASSFIELD SWPC & DTRAC MEETINGS HELD IN SYDNEY 22 APRIL 2010
170510/ 6 RESOLVED
Councillor Lindsay Passfield, seconded Councillor John O'Reilly.
ORDINARY COUNCIL MEETING 21 June 2010 Page 7
That the Delegates Report Councillor Lindsay Passfield, outlining meetings held in Sydney on 22 April 2010, was received and noted.
CARRIED FOR VOTE - Unanimous vote
13.2 DEPUTY MAYOR ATTENDANCES
170510/ 7 RESOLVED
Councillor Lynette Zito, seconded Councillor Ernie Bennett.
That the Deputy Mayor Attendances report for the period 1 April 2010 through 30 April 2010 was received and noted. CARRIED FOR VOTE - Unanimous vote
ITEM 14 INFORMATION PAPERS
14.1 MULTIPLE OCCUPANCIES IN KYOGLE LOCAL GOVERNMENT AREA
A motion was moved by Councillor Ernie Bennett, seconded Councillor Robert Dwyer.
That the report Multiple Occupancies Kyogle Local Government Area was received and noted.
A motion was foreshadowed by Councillor Ernie Bennett That Council workshop the issue of a differential rate for Multiple Occupancies for the 2011/12 financial year and that the workshop be held within the next three months.
The motion was put to the vote and was CARRIED.
170510/ 8 RESOLVED
Councillor Ernie Bennett, seconded Councillor Robert Dwyer.
ORDINARY COUNCIL MEETING 21 June 2010 Page 8
That the report Multiple Occupancies Kyogle Local Government Area was received and noted.
CARRIED FOR VOTE - Unanimous vote
A motion was moved by Councillor Ernie Bennett, seconded Councillor Lynette Zito. 1. That Council workshop the issue of a differential rate for Multiple Occupancies for the 2011/12 financial year and that the workshop be held within the next three months. 2. Following the workshop, management prepare a further report to Council on the matter
The motion was put to the vote and was CARRIED.
170510/ 9 RESOLVED
Councillor Ernie Bennett, seconded Councillor Lynette Zito.
1. That Council workshop the issue of a differential rate for Multiple Occupancies for the 2011/12 financial year and that the workshop be held within the next three months. 2. Following the workshop, management prepare a further report to Council on the matter
CARRIED FOR VOTE - Unanimous vote
14.2 MONTHLY FINANCIAL REPORT - APRIL
A motion was moved by Councillor Lindsay Passfield, seconded Councillor Ernie Bennett.
1. That the Monthly Finance Report – April was received and noted.
A motion was foreshadowed by Councillor Tom Cooper.
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2. That the Annual Report include the number of meetings/workshops and the attendance by each councillor.
The motion was put to the vote and was CARRIED.
170510/ 10 RESOLVED
Councillor Lindsay Passfield, seconded Councillor Ernie Bennett.
1. That the Monthly Finance Report – April was received and noted.
CARRIED FOR VOTE - Unanimous vote
A motion was moved by Councillor Tom Cooper, seconded by Councillor Ernie Bennett.
2. That the Annual Report include the number of meetings/workshops and the attendance by each councillor.
The motion was put to the vote and was CARRIED.
170510/ 11 RESOLVED
Councillor Tom Cooper, seconded Councillor Ernie Bennett.
2. That the Annual Report include the number of meetings/workshops and the attendance by each councillor.
CARRIED FOR VOTE - Unanimous vote
ITEM 15 GENERAL MANAGER ‘S REPORT
ITEM 15A TECHNICAL SERVICES REPORT
15A.1 WORKS COMMITTEE MEETING - MAY
170510/ 12 RESOLVED
Councillor Lindsay Passfield, seconded Councillor John O'Reilly.
ORDINARY COUNCIL MEETING 21 June 2010 Page 10
That the minutes of the Works Committee Meeting held May 10, 2010, as amended were received and noted. CARRIED
FOR VOTE - Unanimous vote
15A.2 STATE WATER CORPORATION WEIR REVIEWS
Having declared an interest in item 15A.2 Councillor Lynette Zito left the meeting at 4.52 p.m.
A motion was moved by Councillor Robert Dwyer, seconded Councillor Ernie Bennett.
That State Water Corporation be advised that Council does not perceive any use for Council’s purposes of the Sextonville, Cob O Corn or Fawcetts Creek weirs and does not wish to assume ownership of the weirs.
A motion was foreshadowed by Councillor Robert Dwyer
That Council request State Water Corporation to maintain the three weirs at this stage in time, until Council has had time to canvass the opinion of other stakeholders.
The motion was put to the vote and was CARRIED.
170510/ 13 RESOLVED
Councillor Robert Dwyer, seconded Councillor Ernie Bennett.
That State Water Corporation be advised that Council does not perceive any use for Council’s purposes of the Sextonville, Cob O Corn or Fawcetts Creek weirs and does not wish to assume ownership of the weirs.
CARRIED FOR VOTE - Unanimous vote ABSENT. DID NOT VOTE - Lynette Zito
A motion was moved by Councillor Robert Dwyer, seconded by Councillor Ross Brown.
1. That Council request State Water Corporation to maintain the three weirs at this stage in time, until Council has had time to canvass the opinion of other stakeholders. 2. That Council requests all correspondence which State Water has received in relation to this issue be provided to Council.
ORDINARY COUNCIL MEETING 21 June 2010 Page 11
The motion was put to the vote and was CARRIED.
170510/ 14 RESOLVED
Councillor Robert Dwyer, seconded Councillor Ross Brown.
1. That Council request State Water Corporation to maintain the three weirs at this stage in time, until Council has had time to canvass the opinion of other stakeholders. 2. That Council requests all correspondence which State Water has received in relation to this issue be provided to Council.
CARRIED FOR VOTE - Unanimous vote ABSENT. DID NOT VOTE - Lynette Zito
Councillor Lynette Zito returned to the meeting at 5.00 p.m.
ITEM 15B PLANNING SERVICES REPORT
15B.1 DEVELOPMENT APPLICATIONS RECEIVED, OUTSTANDING & DETERMINED FOR THE PERIOD APRIL 1, 2010 TO APRIL 30, 2010
170510/ 15 RESOLVED
Councillor Lindsay Passfield, seconded Councillor Robert Leadbeatter.
1. That, with the exception of the following items in which Councillor Ross Brown and the Director of Planning & Environmental Services have declared an interest,
• Cr Ross Brown 15B.1 Development Applications Received, Determined and Outstanding DA 2009/18
• Director of Planning & Environmental Services 15B.1 Development Applications Received, Determined and Outstanding DA 2007/188
The information contained in the report Development Applications Received, Determined and Outstanding for the period April 1, 2010 to April 30, 2010 was received and noted.
CARRIED FOR VOTE - Unanimous vote
ORDINARY COUNCIL MEETING 21 June 2010 Page 12
Having declared an interest in Item 15B.1 Councillor Ross Brown and the Director of Planning & Environmental Services left the meeting at 5.07 p.m.
Deputy Mayor Councillor Lynette Zito assumed the position of the Chair.
170510/ 16 RESOLVED
Councillor Robert Dwyer, seconded Councillor Lindsay Passfield.
2. That the information contained in the report Development April 1, 2010 to April 30, 2010 only in relation to DA09/18, and DA07/188 in which Councillor Ross Brown and the Director of Planning & Environmental Services have declared an interest was received and noted. CARRIED
FOR VOTE - Unanimous vote ABSENT. DID NOT VOTE - Ross Brown
Councillor Ross Brown and the Director of Planning & Environmental Services returned to the meeting at 5.08 p.m.
The Mayor Ross Brown resumed the Chair.
15B.2 PLANNING & ENVIRONMENT COMMITTEE MINUTES - MAY 3, 2010
Having declared an interest in Item 15B.2 the General Manager left the meeting at 5.09 p.m.
170510/ 17 RESOLVED
Councillor Robert Dwyer, seconded Councillor Lindsay Passfield.
1. That the report Planning & Environment Committee Minutes - May 3, 2010 was received and noted. 2. That the Committee uphold the request and determine that there be no requirement to publicly advertise the development application for subdivision of land situated at 13171/13174 Summerland Way, Kyogle for industrial land uses. 3. That condition 11 be amended to remove the Section 94 roads contributions from stage 1a1 and 1a2 totalling $129,360.
CARRIED
ORDINARY COUNCIL MEETING 21 June 2010 Page 13
FOR VOTE - Ernie Bennett, Lindsay Passfield, Lynette Zito, Robert Dwyer, Robert Leadbeatter, Ross Brown, Tom Cooper AGAINST VOTE - Janet Wilson, John O’Reilly
Councillor Lindsay Passfield and Councillor Ross Brown called for a division
For Against Cr Lindsay Passfield Cr John O'Reilly Cr Robert Dwyer Cr Janet Wilson Cr Robert Leadbeatter Cr Ernie Bennett Cr Lynette Zito Cr Ross Brown Cr Tom Cooper
The General Manager returned to the meeting at 5.17 p.m.
15B.3 HERITAGE REVIEW & LOCAL ENVIRONMENTAL PLAN 18
Having declared an interest in item 15B.3 Councillor Ernie Bennett, Councillor Tom Cooper and Councillor Robert Leadbeatter left the meeting at 5.18 p.m.
A motion was moved by Councillor Ross Brown, seconded Councillor Lynette Zito.
1. That Council adopts the Godden Mackay Kyogle Shire Heritage Study, Volume 1, the Godden Mackay Kyogle Shire Heritage Study, Volume 2, the Kyogle Local Government Area Heritage Review 2009, and the Kyogle Local Government Area State Heritage Inventory Database. 2. That Council delegates authority to the General Manager to authorise individual officers to maintain and update the Kyogle Local Government Area State Heritage Inventory Database. 3. That Council amend the schedule and maps of LEP 18 to omit those items which have been demolished or approved for demolition, Montgomery’s Bridge, Tabulam Bridge, The Risk Station Bridge and the Green Pigeon Bridge. That Council withdraw at this time the six items subject of the submission made during the latest exhibition period and also those items containing residential dwelling components which have not been listed on a voluntary basis and the
ORDINARY COUNCIL MEETING 21 June 2010 Page 14
proposed conservation areas until such time as all of these items have been further researched and their heritage significance discussed with the relevant land owners. 4. That Council requests: a) Parliamentary Counsel for an Opinion as to whether Local Environmental Plan 18 can legally be made; and b) the Minister for Planning that Local Environmental Plan 18 be made.
The motion was put to the vote and was CARRIED.
170510/ 18 RESOLVED
Councillor Ross Brown, seconded Councillor Lynette Zito.
1. That Council adopts the Godden Mackay Kyogle Shire Heritage Study, Volume 1, the Godden Mackay Kyogle Shire Heritage Study, Volume 2, the Kyogle Local Government Area Heritage Review 2009, and the Kyogle Local Government Area State Heritage Inventory Database. 2. That Council delegates authority to the General Manager to authorise individual officers to maintain and update the Kyogle Local Government Area State Heritage Inventory Database. 3. That Council amend the schedule and maps of LEP 18 to omit those items which have been demolished or approved for demolition, Montgomery’s Bridge, Tabulam Bridge, The Risk Station Bridge and the Green Pigeon Bridge. That Council withdraw at this time the six items subject of the submission made during the latest exhibition period and also those items containing residential dwelling components which have not been listed on a voluntary basis and the proposed conservation areas until such time as all of these items have been further researched and their heritage significance discussed with the relevant land owners. 4. That Council requests: c) Parliamentary Counsel for an Opinion as to whether Local Environmental Plan 18 can legally be made; and d) the Minister for Planning that Local Environmental Plan 18 be made.
CARRIED
FOR VOTE - John O’Reilly, Lindsay Passfield, Lynette Zito, Robert Dwyer, Ross Brown AGAINST VOTE - Janet Wilson ABSENT. DID NOT VOTE - Ernie Bennett, Robert Leadbeatter, Tom Cooper
ORDINARY COUNCIL MEETING 21 June 2010 Page 15
Councillor Lindsay Passfield and Councillor Ross Brown called for a division
For Against Cr Lindsay Passfield Cr Janet Wilson Cr Robert Dwyer Cr Lynette Zito Cr Ross Brown Cr John O'Reilly
Councillor Ernie Bennett, Councillor Tom Cooper and Councillor Robert Leadbeatter returned to the meeting at 5.33 p.m.
ITEM 15C ENVIRONMENT SERVICES REPORT
15C.1 NORTHERN RIVERS FOOD LINKS VILLAGE SHOWCASE
170510/ 19 RESOLVED
Councillor Lynette Zito, seconded Councillor John O'Reilly.
That Councillor John O’Reilly and Councillor Lynette Zito be nominated as Council's representatives on the Northern Rivers Food links - Kyogle LGA Reference Group.
CARRIED FOR VOTE - Unanimous vote
15C.2 NORTH EAST WASTE FORUM
170510/ 20 RESOLVED
ORDINARY COUNCIL MEETING 21 June 2010 Page 16
Councillor Lindsay Passfield, seconded Councillor Robert Dwyer.
1. That the report North East Waste Forum Membership was received and noted. 2. That Council advises the North East Waste Forum that it will not be participating with financial membership of the North East Waste Forum in the 2010/11 financial year. CARRIED FOR VOTE - Unanimous vote
ITEM 15D CORPORATE SERVICES REPORT
15D.1 FINANCIAL ASSISTANCE APPLICATIONS AS AT 31 MARCH 2010
Having declared an interest in item 15D.1 Councillor Robert Dwyer left the meeting at 5.40 p.m.
A motion was moved by Councillor Lindsay Passfield, seconded Councillor Lynette Zito.
That Council grant financial assistance to the following applicants:
Local Organisations
Applicant Reason for Request Funds Allocated
RSL - Bonalbo Sub- Beautify Anzac Memorial Park by laying paving edge to 141 branch hold plaques of individual fallen.
Kyogle Area Playgroup To purchase equipment for newly established playgroup. 500
Kyogle Local Purchase materials to make pennants and skirts for 250 Reconciliation Group Reconciliation Day and public activities.
Timber Workers Reunion To assist with the Timber Workers Reunion and Ball. 500 Committee
Bonalbo & District To assist in employing a Youth Mentor/Supervisor for 20 1,000 Community Hall weeks for Friday night youth games nights. (subject to the appropriate checks). Kyogle Football (soccer) To purchase 2 sets of portable goal posts and training 500 Club balls for juniors
Rotary Club of Kyogle To purchase paint and paint the Rotary Club catering van. 500
The Border Ranges Pony To purchase materials for a 66 x 27m 2 rail steel sub- 500
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Club junior ring.
Kyogle Tidy Towns Reimbursement of Development Application fees paid to 244 Committee Council to install a public display board at the Kyogle Visitor Information Centre Kyogle Council - To assist with facilitating Retirement function for Dr Brian 300 Retirement Function Dr Perry. Brian Perry Total $4,435
Individuals
Applicant Reason for Request Funds Allocated
Tyson Robert Alcorn Assistance with DA Fees and associated costs with $500 Trust building extension. Shane Close To attend the North Coast CHS 15 year and under touch $355 regional team. Total $855
An amendment was moved by Councillor Lynette Zito and seconded by Councillor Lindsay Passfield.
That the following be included;-
Doubtful Creek Public Upgrade school car park 1,000 School
The amendment was put to the vote and was CARRIED.
The amendment became the motion.
170510/ 21 RESOLVED
Councillor Lynette Zito, seconded Councillor Lindsay Passfield.
That Council grant financial assistance to the following applicants:
Local Organisations
Applicant Reason for Request Funds Allocated
RSL - Bonalbo Sub- Beautify Anzac Memorial Park by laying paving edge to 141 branch hold plaques of individual fallen.
Kyogle Area Playgroup To purchase equipment for newly established playgroup. 500
Kyogle Local Purchase materials to make pennants and skirts for 250 Reconciliation Group Reconciliation Day and public activities.
ORDINARY COUNCIL MEETING 21 June 2010 Page 18
Timber Workers Reunion To assist with the Timber Workers Reunion and Ball. 500 Committee
Bonalbo & District To assist in employing a Youth Mentor/Supervisor for 20 1,000 Community Hall weeks for Friday night youth games nights. (subject to the appropriate checks). Kyogle Football (soccer) To purchase 2 sets of portable goal posts and training 500 Club balls for juniors
Rotary Club of Kyogle To purchase paint and paint the Rotary Club catering van. 500
The Border Ranges Pony To purchase materials for a 66 x 27m 2 rail steel sub- 500 Club junior ring.
Kyogle Tidy Towns Reimbursement of Development Application fees paid to 244 Committee Council to install a public display board at the Kyogle Visitor Information Centre Kyogle Council - To assist with facilitating Retirement function for Dr Brian 300 Retirement Function Dr Perry. Brian Perry
Doubtful Creek Public Upgrade school car park 1,000 School
Total $5,435 Individuals
Applicant Reason for Request Funds Allocated
Tyson Robert Alcorn Assistance with DA Fees and associated costs with $500 Trust building extension. Shane Close To attend the North Coast CHS 15 year and under touch $355 regional team. Total $855
CARRIED FOR VOTE - Unanimous vote ABSENT. DID NOT VOTE - Robert Dwyer
Councillor Robert Dwyer returned to the meeting at 5.50 p.m.
15D.2 REGIONAL LIBRARY AGREEMENT
170510/ 22 RESOLVED
Councillor Lindsay Passfield, seconded Councillor Ernie Bennett.
ORDINARY COUNCIL MEETING 21 June 2010 Page 19
1. That the report concerning the Management Agreement for the Richmond Upper Clarence Regional Library was received and noted. 2. That Council authorises the common seal to be affixed in the presence of the Mayor and General Manager to the Management Agreement for the Richmond Upper Clarence Regional Library. 3. That Council authorises the Mayor and General Manager to sign the Management Agreement for the Richmond Upper Clarence Regional Library.
CARRIED FOR VOTE - Unanimous vote
ITEM 15E COMMUNITY SERVICES REPORT
15E.1 REPAIRS TO TABULAM SES BUILDING
170510/ 23 RESOLVED
Councillor Lindsay Passfield, seconded Councillor John O'Reilly.
1. That the report Repairs to Tabulam SES Building was received and noted.
CARRIED FOR VOTE - Unanimous vote
A motion was moved by Councillor Lindsay Passfield, seconded Councillor Lynette Zito.
2. That arrangements be made to enable the urgent repairs to be implemented immediately. 3. That Council approaches the SES to fund the emergency repairs to the roller door and the other building repairs identified in the consulting engineers report from the New South Wales State Emergency Service Fund.
The motion was put to the vote and was CARRIED.
170510/ 24 RESOLVED
Councillor Lindsay Passfield, seconded Councillor Lynette Zito.
2. That arrangements be made to enable the urgent repairs to be implemented immediately. 3. That Council approaches the SES to fund the emergency repairs to the roller door and the other building repairs identified in the consulting engineers report from the New South Wales State Emergency Service Fund.
ORDINARY COUNCIL MEETING 21 June 2010 Page 20
CARRIED FOR VOTE - Unanimous vote
A motion was moved by Councillor Ross Brown, seconded Lynette Zito. 4. That a further report be provided to Council following discussions with SES regarding future funding for repairs to the building.
The motion was put to the vote and was CARRIED.
170510/ 25 RESOLVED
Councillor Ross Brown, seconded Councillor Lynette Zito.
4. That a further report be provided to Council following discussions with SES regarding future funding for repairs to the building.
CARRIED FOR VOTE - Unanimous vote
15E.2 CULTURAL STRATEGY
170510/ 26 RESOLVED
Councillor Robert Dwyer, seconded Councillor Lynette Zito.
That the Kyogle Local Government Area Cultural Strategy 2010-2012, as amended was adopted. CARRIED
FOR VOTE - Unanimous vote
ORDINARY COUNCIL MEETING 21 June 2010 Page 21
ITEM 15F GENERAL MANAGER'S REPORT
15F.1 CODE OF MEETING PRACTICE
A motion was moved by Councillor Lindsay Passfield, seconded Councillor John O'Reilly.
That Council place the Draft Code of Meeting Practice, as amended on public display for a period of 42 days.
An amendment was moved by Councillor Robert Dwyer, seconded by Councillor John O’Reilly
That the paragraph 11.2(1) of the Draft Code of Meeting Practice be amended as follows;
11.2 Tape Recording 1. That recording of all meetings of Council be allowed for the purposes of confirmation of minutes.
The amendment was put to the vote and was LOST
FOR VOTE - Janet Wilson, John O’Reilly, Lynette Zito, Robert Dwyer AGAINST VOTE - Ernie Bennett, Lindsay Passfield, Robert Leadbeatter, Ross Brown, Tom Cooper
The motion was put to the vote and was CARRIED.
170510/ 27 RESOLVED
Councillor Lindsay Passfield, seconded Councillor John O'Reilly.
That Council place the Draft Code of Meeting Practice, as amended on public display for a period of 42 days.
CARRIED FOR VOTE - Unanimous vote
15F.2 LOCAL GOVERNMENT REMUNERATION TRIBUNAL
170510/ 28 RESOLVED
ORDINARY COUNCIL MEETING 21 June 2010 Page 22
Councillor Lindsay Passfield, seconded Councillor John O'Reilly.
That Council adopts the following Councillor and Mayoral fees for 2010/2011:
Councillor Annual Fee - $9,570 Mayoral Fee - $20,890
CARRIED FOR VOTE - Unanimous vote
15F.3 HOSTING THE "A" DIVISION CONFERENCE
170510/ 29 RESOLVED
Councillor Lynette Zito, seconded Councillor Lindsay Passfield.
That Council submit an expression of interest in hosting the Shires Association "A" Division Conference in 2011. CARRIED FOR VOTE - Unanimous vote
ITEM 16 URGENT BUSINESS WITHOUT NOTICE
Nil.
ITEM 17 CONFIDENTIAL BUSINESS PAPER
Nil.
MEETING CLOSURE
There being no further business the Mayor declared the meeting closed at 6.25 p.m.
ORDINARY COUNCIL MEETING 21 June 2010 Page 23
14.2 MONTHLY FINANCIAL REPORT - MAY
Kyogle Council
Financial Reports 31 May, 2010
Rates Statement Statement of Bank Balances Summary of Investments
NOTE: All Financial Data presented is unaudited at the date of presentation to Council
ORDINARY COUNCIL MEETING 21 June 2010 Page 24
KYOGLE COUNCIL RATES STATEMENT AS AT 31 MAY 2010
NET ARREARS CHARGES PAYMENTS OUTSTANDING PERCENTAGE 1-Jul-09 2009 BALANCE COLLECTED
RATES 209,476.01 4,235,224.32 4,018,317.35 426,382.98 90.41%
SERVICES 324,936.70 2,586,320.74 2,460,843.00 450,414.44 84.53%
INTEREST 74,253.63 37,115.65 41,498.12 69,871.16 37.26%
TOTALS 608,666.34 6,858,660.71 6,520,658.47 946,668.58 87.32%
PRESENTED TO COUNCIL JUNE 2010
Note: Some ratepayers have made arrangements, whilst others are at different stages of legal action.
ORDINARY COUNCIL MEETING 21 June 2010 Page 25
KYOGLE COUNCIL
STATEMENT OF BANK BALANCES AS AT 31-May-10
CLOSING BANK INVESTMENT FUND BALANCE BALANCE 31-May-10 31-May-10 GENERAL FUND UNRESTRICTED (654,763.27) 3,200,000.00 INTERNALLY RESTRICTED 362,000.00 3,500,000.00 STATE HIGHWAYS 634,826.07 QUARRIES 239,729.71 PLANT 2,930,650.68 EXTERNALLY RESTRICTED 213,650.80 700,000.00 3,726,093.99 7,400,000.00
RESTRICTED WATER SUPPLIES 748,697.51 SEWERAGE SYSTEMS 610,195.28 500,000.00 DOMESTIC WASTE 419,790.81
ORDINARY TRUST 35,271.21
1,813,954.81 500,000.00
CONSOLIDATED FUNDS 5,540,048.80 7,900,000.00
ORDINARY COUNCIL MEETING 21 June 2010 Page 26
KYOGLE COUNCIL SUMMARY OF INVESTMENTS AS AT 31/05/10 RATE DUE BANK TYPE TERM AMOUNT P.A. DATE
1 CITIBANK TERM DEPOSIT 31 DAYS 1,000,000.00 5.47% June 10, 2010 2 BANKWEST TERM DEPOSIT 47 DAYS 1,500,000.00 5.55% June 23, 2010 3 BANKWEST TERM DEPOSIT 31 DAYS 1,000,000.00 5.30% June 24, 2010 4 SUNCORP METWAY TERM DEPOSIT 61 DAYS 1,400,000.00 5.63% June 28, 2010 5 COMMONWEALTH TERM DEPOSIT 90 DAYS 3,000,000.00 5.00% July 26, 2010
7,900,000.00
PRESENTED TO COUNCIL ON JUNE 21, 2010
I hereby certify that the above investments have been made in accordance with section 625 of the Local Government Act, 1993, the Local Government ( General ) Regulation 2005 and Councils Investment Policy.
( GLENN ROSE ) RESPONSIBLE ACCOUNTING OFFICER
ORDINARY COUNCIL MEETING 21 June 2010 Page 27
COUNCILLORS TRAVEL EXPENSES May-10
COUNCILLORKLMS CLAIMED CURRENT AMT REIMBURSED NAME MONTHS YTD KM RATE MONTH YTD
E Bennett 2,050 9,032 0.73 1,496.50 6,593.36 R. Brown 0 0 0.73 0.00 0.00 T. Cooper 1,186 4,968 0.73 865.78 3,626.64 R. Dwyer 0 680 0.73 0.00 496.40 J. O'Reilly 256 1,084 0.73 186.88 791.32 R. Leadbeatter 0 0 0.73 0.00 0.00 L. Passfield 1,156 5,402 0.73 843.88 3,943.46 J. Wilson 0 0 0.73 0.00 0.00 L. Zito 1,563 4,133 0.64 1,000.32 2,673.92 *
Total 6,211 25,299 4,393.36 18,125.10
Notes (1) The above figures represent amounts actually paid. (2) The amounts paid in the current month will relate to claims for travel in prior months (3) Some councillors may have claims outstanding for more than one month.
* Claim contains some kilometres paid at 73cents/km and some at .64 cents /km
ORDINARY COUNCIL MEETING 21 June 2010 Page 28