KYOGLE COUNCIL
ORDINARY COUNCIL AGENDA
TO BE HELD AT KYOGLE COUNCIL CHAMBERS, STRATHEDEN STREET, KYOGLE
ON MONDAY 20 DECEMBER 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 20 December 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 Confirmation of Minutes Item 8 Matters Determined without further debate Item 9 Mayoral Minute Item 10 Notices of Motion Item 11 Questions with Notice from Councillors Item 12 Reports from Delegates Item 13 Information Reports Item 14 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 15 Urgent Business Without Notice Item 16 Questions for Next Ordinary Meeting 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 an individual or to cut short 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.
The General Manager, in consultation with the Mayor will consider each application for public access on its merit.
Residents will not be granted more than one public access request each calendar year (except where the subsequent request(s) directly relate to an item on the agenda for the meeting at which public access is requested).
No more than two speakers for a subject will be permitted at any meeting.
If granted Public Access by the General Manager, the individual resident will be allowed five (5) minutes to address Council with an extension of five (5) minutes for Councillors to direct questions to the speaker.
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.
ORDINARY COUNCIL AGENDA
Monday 20 December 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 MATTERS DETERMINED WITHOUT FURTHER DEBATE 1
8.1 MATTERS DETERMINED WITHOUT DEBATE 1
ITEM 9 CONFIRMATION OF MINUTES 2
9.1 CONFIRMATION OF ORDINARY MINUTES - 22 NOVEMBER 2 2010
9.2 CONFIRMATION OF EXTRAORDINARY MINUTES - 29 2 NOVEMBER 2010
ITEM 10 MAYORAL MINUTE 3
ITEM 11 NOTICES OF MOTION 3
11.1 NOTICE OF MOTION, COUNCILLOR LYNETTE ZITO - 3 CONSTITUTIONAL REFERENDUM
11.2 NOTICE OF MOTION; COUNCILLOR LINDSAY PASSFIELD - 5 REVIEW OF PRIME AG LAND
ITEM 12 QUESTIONS WITH NOTICE FROM COUNCILLORS 7
ITEM 13 DELEGATES REPORTS 7
13.1 DELEGATES REPORT; COUNCILLOR LINDSAY PASSFIELD - 7 UNREGULATED DIRT BIKE ACCESS ON CROWN LAND
ITEM 14 INFORMATION PAPERS 9
14.1 INITIAL SEALING OF ROADS 9
14.2 WORKS PROGRAM REPORT 13
ORDINARY COUNCIL AGENDA - 20 December 2010
14.3 QUARRIES REPORT 16
14.4 PLANT BUDGET REPORT - NOVEMBER 2010 18
14.5 OUTSTANDING COUNCIL RESOLUTIONS 22
14.6 FINANCIAL REPORTS - NOVEMBER 2010 23
ITEM 15 GENERAL MANAGER ‘S REPORT 25
ITEM 15A TECHNICAL SERVICES REPORT 25
15A.1 SELF HELP PROGRAM POLICY 25
ITEM 15B PLANNING SERVICES REPORT 29
15B.1 DEVELOPMENT APPLICATIONS RECEIVED, DETERMINED 29 AND OUTSTANDING FOR THE PERIOD 1 NOVEMBER 2010 TO 30 NOVEMBER 2010
15B.2 DEVELOPMENT APPLICATION 2011.22 - LIBRARY ADDITION 39 / ART GALLERY / MUSEUM
ITEM 15C ENVIRONMENT SERVICES REPORT 44
ITEM 15D CORPORATE SERVICES REPORT 44
15D.1 PRESENTATION OF AUDITED FINANCIAL STATEMENTS 44 2009/2010
15D.2 2011/2012 MANAGEMENT PLAN TIMETABLE 46
15D.3 FUTURES FUNDING APPLICATIONS 47
15D.4 LOGO COMPETITION 50
15D.5 INTERNAL AUDIT 51
ITEM 15E COMMUNITY SERVICES REPORT 54
ITEM 15F GENERAL MANAGER'S REPORT 54
15F.1 EMPLOYEE LEAVE ENTITLEMENTS 54
15F.2 ACTING GENERAL MANAGER 55
15F.3 CODE OF CONDUCT 56
ITEM 16 URGENT BUSINESS WITHOUT NOTICE 58
ITEM 17 QUESTIONS FOR NEXT ORDINARY MEETING 58
ITEM 18 CONFIDENTIAL BUSINESS PAPER 58
18.1 TENDER FOR THE SUPPLY OF MOTOR GRADER 58
18.2 TENDERS FOR BRIDGE REPLACEMENTS BOOMI CREEK 58 BRIDGE AND TERRACE CREEK BRIDGE
18.3 LEGAL ADVICE RELATING TO DEVELOPMENT 59
ORDINARY COUNCIL AGENDA - 20 December 2010
APPLICATION 2010-122
18.4 EASEMENT AGREEMENT 59
APPENDIX / ATTACHMENTS 1
9.1 CONFIRMATION OF ORDINARY MINUTES - 22 NOVEMBER 2 2010
9.2 CONFIRMATION OF EXTRAORDINARY MINUTES - 29 22 NOVEMBER 2010
14.6 FINANCIAL REPORTS - NOVEMBER 2010 27
15A.1 SELF HELP PROGRAM POLICY 32
15D.3 FUTURES FUNDING APPLICATIONS 35
ORDINARY COUNCIL AGENDA - 20 December 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
A request for public access has received from;
Mr Bruce Ralston in relation to supporting the Bonalbo Futures Funding Application. (Item 15D.3)
ITEM 7 DEPUTATIONS
Nil.
ORDINARY COUNCIL AGENDA 20 December 2010 Page 1
ITEM 8 MATTERS DETERMINED WITHOUT FURTHER DEBATE
8.1 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.
ORDINARY COUNCIL AGENDA 20 December 2010 Page 1
ITEM 9 CONFIRMATION OF MINUTES
9.1 CONFIRMATION OF ORDINARY MINUTES - 22 NOVEMBER 2010
Summary/Purpose
A copy of the Minutes for the Ordinary Meeting held on 22 November, 2010, is included in the attachments to the business paper.
Recommendation
That the Minutes of the Ordinary Meeting held on 22 November, 2010 be adopted.
Attachments
1. Minutes of the Ordinary meeting held on 22 November, 2010.
9.2 CONFIRMATION OF EXTRAORDINARY MINUTES - 29 NOVEMBER 2010
Summary/Purpose
A copy of the Minutes for the Extraordinary Meeting held on 29 November, 2010, is included in the attachments to the business paper.
Recommendation
That the Minutes of the Extraordinary Meeting held on 29 November, 2010 be adopted.
Attachments
1. Minutes of the Extraordinary meeting held on 29 November, 2010.
ORDINARY COUNCIL AGENDA 20 December 2010 Page 2
ITEM 10 MAYORAL MINUTE
Nil.
ITEM 11 NOTICES OF MOTION
11.1 NOTICE OF MOTION, COUNCILLOR LYNETTE ZITO - CONSTITUTIONAL REFERENDUM
Summary/Purpose
This item presents to Council a Notice of Motion received from Councillor Lynette Zito for the Ordinary meeting to be held on 20 December, 2010.
Community Strategic Plan Item(s)
• Governance and Community Service
Report
The Notice of Motion is as follows;
ORDINARY COUNCIL AGENDA 20 December 2010 Page 3
Recommendation
For Council's determination.
ORDINARY COUNCIL AGENDA 20 December 2010 Page 4
11.2 NOTICE OF MOTION; COUNCILLOR LINDSAY PASSFIELD - REVIEW OF PRIME AG LAND
Summary/Purpose
This item presents to Council a Notice of Motion received from Councillor Lindsay Passfield for the Ordinary meeting to be held on 20 December, 2010.
Community Strategic Plan Item(s)
• Governance and Community Service • Environmental and Planning
Report
The Notice of Motion is as follows;
ORDINARY COUNCIL AGENDA 20 December 2010 Page 5
Recommendation
For Council's determination.
ORDINARY COUNCIL AGENDA 20 December 2010 Page 6
ITEM 12 QUESTIONS WITH NOTICE FROM COUNCILLORS
Nil.
ITEM 13 DELEGATES REPORTS
13.1 DELEGATES REPORT; COUNCILLOR LINDSAY PASSFIELD - UNREGULATED DIRT BIKE ACCESS ON CROWN LAND
Summary/Purpose
This report presents to Council a Delegates a report from Councillor Lindsay Passfield in relation to a meeting held on Friday 10 December 2010, in relation to Unregulated Dirt Bike Access on Crown Land.
Community Strategic Plan Item(s)
• Governance and Community Service
Report
DELEGATES REPORT
Unregulated Dirt Bike Access on Crown Land
Lismore Police Station 1300 10 December 2010
Meeting of National Parks & Wildlife Service (NPWS), Forests NSW (FNSW), Rural Fire Service (RFS), NSW Police Service (NSW PS), and Kyogle Council.
The meeting discussed issues relating to unregistered use of Dirt Bikes on Crown land and agreed the following:
1. a) NPWS to contribute 2 x 400cc dirt bikes for police to use in enforcing related regulations; b) FNSW to contribute $10,000 toward training and equipment for police personnel; c) NSW PS to train two additional officers for dirt bike duties, (one already trained) and roster these officers to patrol dirt bike hot spots from February 2011.
2. NSW PS to provide three officers, in marked 4wd police vehicles, for an initial operation on 16 Jan 11 staging from Woodenbong Police station at 8am. The media will be briefed prior to this and NPWS and / or FNSW and media will accompany the police on this operation. One additional unmarked TAG unit will also attend.
Some areas to be patrolled are:
• Tooloom Falls • Tooloom Pastoral Plantation • Paddy’s Flat • Hooton Road
ORDINARY COUNCIL AGENDA 20 December 2010 Page 7
• Yabbra • Eight Day Creek • Boyle’s Plantation • Brumby Plains
The next meeting of this group is scheduled for 15 February 2011 to review the issues in light of the 16 January 2011 operation.
Recommendation
That the Delegates Report Councillor Lindsay Passfield Unregulated Dirt Bike Access on Crown Land be received and noted.
ORDINARY COUNCIL AGENDA 20 December 2010 Page 8
ITEM 14 INFORMATION PAPERS
14.1 INITIAL SEALING OF ROADS
Summary/Purpose
This report provides information on estimated costs and possible strategies for initial sealing of roads.
Community Strategic Plan Item(s)
• Roads and Infrastructure • Economic Development
Background Information
On Consideration of the February 15, 2010 Works Committee meeting minutes, Council resolved that estimates be provided for initial sealing of sections of Collins Creek Road and Hillyards Road. Information was provided by email to Councillors in April that preliminary estimates for sealing of 2.5km of Collins Creek Road between two existing sealed sections and for sealing approximately 2.4km of Hillyards Road from Bentley Road to Boorabee Creek Road were each $350,000.
Previous Council Consideration
A previous report on prioritisation of Capital Works – Sealing of Rural Roads was considered by the Works Committee in May 2009 and at the May 2009 Council meeting it was resolved
• "That funding for initial sealing be identified in the 2009/10 Management Plan.
• That Council continue to pursue sources of funding for the purpose of implementing the initial sealing program.
• That Council prepare an initial sealing program based on extending the existing sealed road network to service growth areas for inclusion in the forward financial plan.
Report
The following is an extract from the Works Committee report of May 2009:
“Because of the limited funds available to Council, it is necessary to allocate as much as possible to maintenance of existing assets rather than create new assets which will increase the long term maintenance needs.
ORDINARY COUNCIL AGENDA 20 December 2010 Page 9
In the case of sealed roads versus unsealed roads, where traffic volumes are low, the long term maintenance needs are similar. Bitumen resealing costs about the same as gravel resheeting and is required at a similar time interval. The shorter term routine maintenance activities, whilst different for each type of road, also require similar expenditure when traffic volumes are low, but with increased traffic the maintenance needs of unsealed roads increase whereas there is little change to the maintenance requirements on sealed roads.
The cost of upgrading gravel roads to sealed roads is substantial because gravel roads tend to evolve over many years of maintenance and minor upgrading from tracks to well defined roadways to provide improved access to the properties they serve, but limited attention is paid to issues such as road alignment, adequate formation width and drainage structures during the evolution of the unsealed road.
Much of Council’s expenditure on sealed roads over the past ten years has been on upgrading and rehabilitation of sealed roads which were not constructed to current standards and have not been given the required level of routine maintenance. This usually results in pavement and seal failures which can only be corrected by reconstruction.
Initial sealing of a road is usually warranted by increasing traffic and the need for more efficient, faster, safer all weather infrastructure to meet expectations of the community and provide for higher levels of service. The cost to upgrade to a sealed road includes, in addition to the cost of the bitumen surfacing itself, the costs of widening and strengthening formations, drainage structures and pavements to cater for expected traffic on the new road for the next 20 years. Earthworks are often required to realign crests and curves. These upgrading works are important for sealed roads because traffic tends to travel at higher speeds on sealed roads. Timber bridges should also be upgraded or replaced if required prior to or in conjunction with initial sealing because the increased traffic speeds place more stress on bridges and it is not desirable to upgrade a road and then place a restriction such as a load limit or speed limit on the new work.
Council’s Local Road Classifications system which is incorporated into the Road Network Management Plan classifies the network into Arterial, Collector, Feeder and Residential access roads mainly determined by their connectivity within the total road network, traffic volumes and types and numbers of individual properties served. At the time this classification was developed, in 2001, daily traffic volumes on local road in excess of 150 vehicles per day were only occurring on a small number of roads but changes in land usage such as the increasing plantation forest industry and more intensive farming, ongoing subdivisions and increased tourism have resulted in current traffic volumes of 200 vehicle per day or greater being normal usage on many roads in the area. Generally, a traffic volume in excess of 100 vehicles per day warrants consideration of bitumen sealing to provide an acceptable standard of transport to the road users and the community generally.
In view of the changes which have occurred in road usage, the abolition of concessional allotments and the adoption of the closer settlement strategy, a review of the road network classifications will be undertaken and reported to Council during the next year. As part of this review, a suggested strategic network of sealed roads
ORDINARY COUNCIL AGENDA 20 December 2010 Page 10
has been prepared to meet current expectations, address maintenance issues on major gravel roads which have become apparent due to recent growth and complement the anticipated development being planned for in the preparation of the new Local Environment Plan. The proposed network is shown on the attached plan and schedule."
Budget & Financial Aspects
The estimated cost to implement the suggested sealed road network, involving construction of approximately 86 km of sealed road is $15 million. The bridge maintenance and replacement program should also be coordinated with the initial sealing program.
It is expected that the works would be funded over a long term program involving Council expenditure and developer contributions.”
The following schedule of roads suggested for sealing was also provided: Sealed Road Network Proposed Extension Road Section Length Initial Seal Km Estimate $
1 Sextonville Knights Rd to Babyl Ck Rd 5 900,000 2 Collins Creek Tims Lane to Collins Valley Rd 7 1,120,000 3 Hillyard MR 544 to Boorabee Ck Rd 2.5 450,000 4 Lillian Rock MR 141 to Boundary 3.1 560,000 5 Williams McLellands Rd to Barnes Rd 2.1 380,000 6 Afterlee End seal to Afterlee School 2.5 400,000 7 Green Pigeon End seal to Killaloe Rd 1.6 290,000 8 Lynchs Ck Collins Valley Rd to Warrazambil 2.8 450,000 9 Dyraaba Sextonville Rd to Pigman Rd 8 1,440,000 10 Eden Ck Afterlee Rd to Wyndham Rd 3.9 700,000 11 Smiths ck Afterlee Rd to 2nd bridge 3.5 600,000 12 Bulmers SH 16 to 3km 3 600,000 13 Clarence way SH 16 to Captains Rd 4.5 900,000 14 Roseberry Ck MR 83 to Plantation Rd 3.1 560,000 Wiangaree 15 Back End seal to Wiangaree 5.5 1,000,000 16 Dyraaba SH 16 to 4km 4 720,000 17 Dam access Afterlee Rd to Toonumbar Dam 7.5 1,200,000 Green Pigeon Rd to Collins Ck 18 Killaloe Rd 4 720,000 19 Peacock Ck End seal to Forest 9 1,500,000 20 Baileys Bridge MR 83 to Wiangaree Back Rd 1.3 250,000 21 Benns Dam to Ironpot Ck Rd 1 180,000 22 Ironpot Ck Benns Rd to Forestry 1.5 270,000
Totals 86.4 15,190,000
In the 2009/10 budget $180,000 was allocated to sealing of 1km of Sextonville Road from Knights Road and Blackspot funding of $77,000 to enable approximately 700m of Eden Creek Road between Fords Bridge and Athol McQueens Bridge to be sealed. Tims Lane and a section of Collins Creek Road were also sealed in that year.
ORDINARY COUNCIL AGENDA 20 December 2010 Page 11
In 2010/11 $150,000 was allocated to initial sealing and this was used to seal 750m of Brown Knob Road. Whilst not on the above list, Brown Knob Road became a high priority for sealing because of the load limit placed on the bridge on Cob O Corn Road which required loaded trucks from the sand quarry on Old Cob O Corn Road to travel via Brown Knob Road and Afterlee Road, increasing maintenance requirements on this road.
Also included in the 2010/11 budget was $50,000 for gravel resheeting and profile correction on Hillyards Road and $190,000 for replacement of a timber bridge on Hillyards Road in anticipation of some initial sealing being carried out on this road in future budgets.
At the 2010/11 budget workshop held on April 22, 2010, Council was advised that initial seals warranted at that time due to increasing traffic, high maintenance costs, and community expectations included Collins Creek Road, Green Pigeon Road, Sextonville Road, Brown Knob Road, Dam Access Road and Hillyards Road, involving 16km of road and estimated to cost $2.38 million, and that $150,000 had been included in the draft budget for 2010/11 at that time for initial sealing on Brown Knob Road.
It was also advised at that workshop that major expenditure on extending the sealed road network was difficult to justify when there were 25.5km of existing sealed roads which required rehabilitation due to deterioration of their condition to the point where they could not be effectively maintained by bitumen patching. The estimated cost of rehabilitation works required at that time was $3.82 million.
Budget & Financial Aspects
It is evident from reports referred to in this report that there are insufficient funds available to Council to address all of the issues relating to roads that require attention. This is a situation faced by Local Government throughout the country as indicated in reports produced by the ALGA and IPWEA identifying the infrastructure funding gap which exists. Roads to Recovery and other Federal Infrastructure grants are a direct result of the realisation by State and Federal Government that the situation must be addressed.
Council through its community survey has identified roads and related infrastructure as the major area of dissatisfaction in the community and each year during the budget process the maximum amount of funding available is directed to this area.
It is anticipated that Council will continue to allocate funds to sealed road rehabilitation and initial sealing in future budgets and further recommendations on priorities will be made to Council during development of the 2011/12 budget.
Recommendation
That the report Initial Sealing be received and noted.
ORDINARY COUNCIL AGENDA 20 December 2010 Page 12
14.2 WORKS PROGRAM REPORT
Summary/Purpose
This report provides an update to Council on progress on the works program on Local, Regional and State roads as at the end of November 2010.
Community Strategic Plan Item(s)
• Roads and Infrastructure
Report
Rural and Urban Works The rural road maintenance program continues to be disrupted by the wet weather, with grading being carried out on Mahoneys Lane, Ellems Road, Hillyard Road, Baraimal Lane, Pines Road, Eden Creek Road and Yabbra Road during the month. Work will continue in the Back Creek, Wiangaree and Duck Creek areas during December.
Initial sealing of Brown Knob Road between Afterlee Road and Old Cob O Corn Road has been completed and some heavy patching on Afterlee Road was carried out in conjunction with this project. Construction of roadworks in Woodenbong is programmed to be completed during December, weather permitting.
Replacement of the concrete footpath on the northern side of Geneva Street between Roxy Lane and Ettrick Street has been completed and a section of footpath on the Summerland Way south of Wyangarie Street has also been completed. Construction of other minor footpath works funded from the RTA’s annual allocation for Pedestrian Access Facilities is in progress and work on the Kyogle Main Street upgrade will be recommenced early in the new year.
Following confirmation of approval of the third round of the RLCIP funding, contractors have commenced work on cleaning the major open drain in Bonalbo between Capeen Street and the Golf Course.
Regional Roads and State Roads Routine maintenance works including grass slashing, weed spraying and bitumen patching on the State and Regional roads has continued during the month.
Tenders for design and construction of the Boomi Creek Bridge on Clarence Way have closed with a separate report on tenders to be presented to the December Ordinary meeting of Council.
Construction of the approaches to Bean Creek No 4 Bridge on the Clarence Way was to have been completed before Christmas, however the wet conditions at the site have delayed construction and this work will now be completed in the new year.
ORDINARY COUNCIL AGENDA 20 December 2010 Page 13
Roads and Traffic Authority has approved the rehabilitation on the Summerland Way at Roseberry at an estimated cost of approximately $950,000. These works will now be included in the works program to be carried out in the last quarter of the financial year.
Action Requests A total of 52 action requests were received during the month of November, summarised as follows:
Requests for maintenance to sealed roads: Summerland Way, Brown Knob Road, Cawongla Road, Ettrick Road, Lions Road, Theresa Creek Road, Omagh Road, Collins Creek Road, Kyogle Road
Requests for maintenance to unsealed roads: Homestead Road, Eden Creek Road, Boorabee Creek Road, Smiths Creek Road, Hillyards Road, Lynches Creek Road, Dam Access Road, Edenville Road, Theresa Creek Road, Clarence Way, Bulmers Road, Sheddons Road.
Requests for repairs to bridges, culverts and causeways: Hootens Road, Roseberry Creek Road, Mallums Road, Gradys Creek Road, Blackwood Lane.
Requests for attention to urban streets, footpaths and drainage: Summerland Way-Wiangaree, Kyogle Road, Roseberry Lane, Sandilands Street- Mallanganee, Lindsay Street, May Llane, Colin Street.
Requests for attention to trees, vegetation: Anzac Drive, James Street, Durhams Road, Afterlee Road.
Requests for attention to signs: Summerland Way-Wiangaree, Bruxner Highway-Mallanganee, Walters Road, Boorabee Creek Road, Gradys Creek Road.
Financial performance major works: The following is an updated report on the financial performance of major works as at November 30, 2010:
ORDINARY COUNCIL AGENDA 20 December 2010 Page 14
Recommendation
That the Works Program Report be received and noted.
ORDINARY COUNCIL AGENDA 20 December 2010 Page 15
14.3 QUARRIES REPORT
Summary/Purpose
This report is to advise Council of quarry operations and budget to December 9, 2010.
Community Strategic Plan Item
• Roads and Infrastructure
Report
There has been no crushing or stockpiling carried out in Council’s quarries during the month.
Gravel from Medhurst’s and Miller’s Quarries is continuing to be used as required for road maintenance
Budget & Financial Aspects
The following is a summary of the quarries budget for 2010/11 at December 9, 2011.
QUARRY Budget Budget YTD Comments Annual YTD 09/12/10 MEDHURSTS SALES 173,000 1,500 1,356 COST OF SALES 129,750 1,125 1,017 NET PROFIT / (LOSS) 43,250 375 339
GRIFFITHS SALES 75,000 10,000 9,934 COST OF SALES 56,250 7,500 7,451 NET PROFIT / (LOSS) 18,750 2,500 2,483
MILLERS SALES 220,000 12,000 11,419 COST OF SALES 189,640 10,320 9,843 NET PROFIT / (LOSS) 30,360 1,680 1,576
LLOYDS SALES 40,000 0 0 COST OF SALES 34,400 0 0 NET PROFIT / (LOSS) 5,600 0 0
ORDINARY COUNCIL AGENDA 20 December 2010 Page 16
QUARRY Budget Budget YTD Comments Annual YTD 09/12/2010 SUMMARY SALES 508,000 19,500 22,709 COST OF SALES 410,040 15,521 18,311 NET PROFIT / (LOSS) 97,960 3,979 4,398
Budget Budget YTD Comments EXPENSES Annual YTD 09/12/2010
DEPRECIATION 10,984 5,474 5,474 OTHER EXPENSES 3,075 2,500 2,533 Rates, Phone etc 14,059 7,974 8,007
TOTAL OPERATING 83,901 (3,995) (3,609)
CAPITAL
QUARRY DEVELOPMENT 0 0 0 STOCK MOVEMENT 0 0 0 ACCUMULATED DEPRECIATION (10,984) (5,474) (5,474) (10,984) (5,474) (5,474)
NET SURPLUS/(COST) 94,885 1,479 1,865
Recommendation
That the Quarries Report be received and noted.
ORDINARY COUNCIL AGENDA 20 December 2010 Page 17
14.4 PLANT BUDGET REPORT - NOVEMBER 2010
Summary/Purpose
This report presents information relating to plant costs and performance as at 30 November, 2010 for Council's information.
Community Strategic Plan Item(s)
• Roads and Infrastructure
Report
Copies of the following reports appear below:
Plant and Depot Operations Budget, Plant Replacement Schedule, Plant Budget Report (by plant item).
ORDINARY COUNCIL AGENDA 20 December 2010 Page 18
1. Plant Acquisitions/Sales 2010/2011
PLANT ACQUISTIONS/SALES 2010/2011 as at 30 November, 2010 Estimated Cost Actual Cost to be replaced Purchase Trade Net Purchase Trade Net Light Vehicles 4wd wagon 30,000 5,000 25,000 32,366 0 32,366 4wd Utility 376,000 218,500 157,500 93,183 31,923 61,260 Utility 52,500 20,000 32,500 46,176 18,059 28,117 458,500 243,500 215,000 171,725 49,982 121,743
Quantities 4wd Wagon 1 1 1 1 0 1 4wd Utility 10 10 0 3 1 2 Utility 2 2 0 2 1 1
Heavy Plant - (Trade) Grader (2) 414,000 134,000 280,000 0 0 0 2 tonne truck kyogle spray/sign 50,000 0 50,000 45,445 0 45,445 13,000 ltr water tank(141) 45,000 3,000 42,000 0 0 0 12,000 ltr water tank(355) 30,000 3,000 27,000 22,390 0 22,390 Front deck mower - Kyogle 40,000 5,000 35,000 28,182 0 28,182 Front deck mower - Bonalbo 40,000 0 40,000 28,182 0 28,182 Tractor + bucket - Kyogle sewer 50,000 0 50,000 72,636 0 72,636 Call out trailer - Bonalbo 20,000 0 20,000 0 0 0 (Tipper crane truck) 23,786 -23,786 ** 689,000 145,000 544,000 196,835 23,786 173,049 Small Plant Misc. 45,000 45,000 49,738 15,089 34,649 PA Ride on mowers 10,000 2,000 8,000 6,682 0 6,682 55,000 2,000 53,000 56,420 15,089 41,331
1,202,500 390,500 812,000 424,980 88,857 336,123
** Trade related to 2009/2010 purchase
ORDINARY COUNCIL AGENDA 20 December 2010 Page 19
2. Plant and Depot Operations Report
Budget Budget YTD YTD PLANT & DEPOT OPERATIONS Annual 30.11.10 COMMENTS
OPERATING
PLANT INCOME 2,546,160 1,500,000 1,609,841
PLANT EXPENDITURE FRINGE BENEFIT TAX 16,974 8,301 8,301 PLANT M & R 1,387,254 500,000 549,286 DEPRECIATION EXP VEHICLE FLEET 628,141 261,725 261,725 2,032,369 770,026 819,312
NET SURPLUS/(LOSS) 513,791 729,974 790,529
PROFIT ON SALE OF PLANT PROCEEDS ON SALE OF PLANT & EQUIPMENT 390,500 75,000 88,857 BOOK VALUE OF SOLD PLANT & EQUIPMENT 292,875 0 0 97,625 88,857
OTHER INCOME PRIVATE USAGE CONTRIBUTIONS STAFF VEHICLES 41,610 15,000 15,318 OTHER INCOME 0 0 0 41,610 15,000 15,318 DEPOT EXPENSES KYOGLE DEPOT 58,365 22,000 27,620 BONALBO DEPOT 23,686 8,500 9,121 WOODENBONG DEPOT 7,283 3,500 2,993 89,334 34,000 39,734
TOTAL OPERATING 563,692 710,974 854,970
CAPITAL
NON CURRENT ASSETS DEPOT IMPROVEMENTS 80,000 0 783 Money for fuel storage systems. Not yet purchased PLANT PURCHASES 1,202,500 600,000 424,980 BOOK VALUE SOLD ASSETS (292,875) 0 0 ACCUMULATED DEP'N - VEHICLE FLEET (628,141) (261,725) (261,725) 361,484 338,275 164,038
TOTAL CAPITAL 361,484 338,275 164,038
NET SURPLUS/(COST) OF ACTIVITY 202,208 372,699 690,932
ORDINARY COUNCIL AGENDA 20 December 2010 Page 20
3. Plant Budget Report (by plant item) As at November 30, 2010 PLANT ITEM INCOME EXPENDITURE PROFIT/LOSS 2 CAT 12H GRADER 46,000 15,714 30,286 3 CAT 12H GRADER 44,600 14,868 29,732 4 CAT 140H GRADER 45,990 13,828 32,162 5 JOHN DEERE 770D GRADER 48,405 16,362 32,043 24 DINGO K94 MINI DIGGER 3,225 1,277 1,948 25 MINI EXCAVATOR 20,250 8,892 11,358 26 STREET SWEEPER 7,260 2,229 5,031 27 CLARK BOBCAT 4,425 1,450 2,975 28 CAT 938G LOADER 14,237 5,736 8,501 32 CAT 324DL EXCAVATOR 40,897 15,440 25,457 33 CAT 324DL EXCAVATOR 44,835 15,485 29,350 34 CATERPILLAR IT28G LOADER 10,955 31,184 -20,229 Transmission rebuild 35 CATERPILLAR 966H LOADER 25,935 10,490 15,445 36 CATERPILLA 816F COMPACTOR 47,925 12,424 35,501 40 FRANNA MOBILE CRANE 18,125 3,846 14,279 41 CAT FORKLIFT 3,040 850 2,190 51 HYSTER DRAWN GRID ROLLER 6,560 2,445 4,115 52 GRID ROLLER-COATES 7,810 447 7,363 62 JOHN DEERE 315SG BACKHOE 4,322 1,224 3,098 63 CAT 432D BACKHOE 10,400 2,453 7,947 64 KOMATSU WB97S BACKHOE 9,380 3,565 5,815 71 CASE MX90C TRACTOR 17,875 3,172 14,703 72 CASE MX200 TRACTOR 22,785 8,879 13,906 73 CASE MX210 TRACTOR 26,845 11,149 15,696 78 MCCORMICK MC105 20,460 8,709 11,751 79 MCCORMICK MC115 15,210 3,399 11,811 80 JOHN DEERE 2085 TRACTOR 3,350 1,396 1,954 88 MCCONNEL REACH MOWER 14,152 2,110 12,042 101 ISUZU NPR250 CAB CHASSIS 6,380 1,979 4,401 135 ISUZU JETMASTER 2000 50,381 15,735 34,646 137 ISUZU NPR 400 TIPPER MAXIL 16,108 1,800 14,308 139 ISUZU GIGA 385CXY TIPPER 36,822 16,722 20,100 140 ISUZU NPR 400L CRANE/TIPPE 10,240 2,340 7,900 141 ISUZU FVZ1400M TRUCK/WATER TANK 15,405 7,076 8,329 142 ISUZU NPR400L TIPPER 37,260 2,500 34,760 143 ISUZU FVZ1400L CRANE TRUCK 67,177 6,889 60,288 * 144 ISUZU NPR400L TIPPER 25,400 2,474 22,926 145 ISUZU NPR400L TIPPER 22,120 4,744 17,376 146 ISUZU NPR400L TIPPER 21,660 4,407 17,253 147 ISUZU FRR525 TIPPER 19,820 4,122 15,698 148 ISUZU FVZ1400 TIPPING TRUCK 54,270 3,445 50,825 149 KENWORTH T401 PRIME MOVER 30,345 11,799 18,546 150 KENWORTH T350 TIPPER 31,200 24,503 6,697 151 KENWORTH T350 TIPPER 40,170 18,714 21,456 152 ISUZU FXZ 1500 TIPPER 25,770 4,861 20,909
*This is a crane truck used by the bridge crew it has a higher hourly rate than the other trucks as it needs to cover the 10 year crane safety overhaul.
Recommendation
That the Plant Budget Report be received and noted.
ORDINARY COUNCIL AGENDA 20 December 2010 Page 21
14.5 OUTSTANDING COUNCIL RESOLUTIONS
Summary/Purpose
This report presents to Council a list of outstanding resolutions as at 30 November, 2010.
Community Strategic Plan Item(s)
• Governance and Community Service
Report
Attached to this report is a table detailing outstanding resolutions and their current status.
Recommendation
That the Outstanding Council Resolutions report be received and noted.
Attachments
1. Outstanding Council Resolutions as at 30 November, 2010. (Separately attached)
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14.6 FINANCIAL REPORTS - NOVEMBER 2010
Summary/Purpose
This report presents financial reports to Council for information.
Community Strategic Plan Item(s)
• Governance and Community Service
Background Information
Legislative Requirements Clause 212 of the Local Government (General) Regulation 2005 states that:
(1) The responsible accounting officer of a council:
(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, with additional detail available through inspection of the monthly cheque warrant.
1. (A) Finance Reports
Summary reports outlining Council’s financial position as at 30 November 2010. The reports presented include:
• Rates Statement • Statement of Bank Balances
ORDINARY COUNCIL AGENDA 20 December 2010 Page 23
• 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 information contained in the Monthly Finance Report – November 2010 be received and noted.
Attachments
1. Financial Reports 2. Councillors Travel
ORDINARY COUNCIL AGENDA 20 December 2010 Page 24
ITEM 15 GENERAL MANAGER ‘S REPORT
ITEM 15A TECHNICAL SERVICES REPORT
15A.1 SELF HELP PROGRAM POLICY
Summary/Purpose
This report relates to the establishment of a Self Help policy whereby works on the road network can be voluntarily funded by the community.
Community Strategic Plan Item(s)
• Roads and Infrastructure
Previous Council Consideration
The following report, titled Self Help Projects – Bitumen Sealing of Roads was considered by Council at its ordinary meeting in May 2009:
Summary/Purpose This report concerns the establishment of a self help scheme whereby residents or ratepayers could fund all or part of roadworks in front of their property.
Background Information At the Works Committee meeting on April 14, 2009, it was recommended that a report be brought to Council on the feasibility of a policy that allows rural road sealing for the frontage or part frontage of a property with costs shared on a 50/50 basis by the owner and Council.
Council regularly receives requests to carry out dust suppression in front of rural dwellings constructed close to the road but is unable to meet these requests because available dust suppressant agents have a short life span on the road, requiring repeated application to be effective making the cost of this work prohibitive. The most effective solution to dust nuisance is to bitumen surface the road but Council currently has no policy enabling isolated sections of road to be sealed for this purpose.
Report Many Councils have policies allowing property owners to contribute either all or part of the cost of roadworks on public roads and setting out criteria for approval by Council of these works.
Enquiries of our adjoining councils of Richmond Valley, Lismore and Tweed have produced the following information:
Richmond Valley Council had a policy providing for a resident to contribute 50% towards the cost of sealing an unsealed pavement 100 metres each side of their residence with Council considering funding the remaining 50% in the following year’s estimates. Although
ORDINARY COUNCIL AGENDA 20 December 2010 Page 25
this policy enabled Council to consider each case on its merits in conjunction with its Management Plan, there was also an expectation that Council would fund its 50% contribution to any offer received, regardless of work priorities.
There were difficulties in ensuring consistent standards of the work, keeping in mind that pavement preparation prior to sealing is a major cost factor in these projects. If the pavement is not properly constructed, it will deteriorate quickly and increase maintenance costs to Council.
Richmond Valley Council repealed this policy in December 2008 and adopted the following new policy in February 2009:
“Roadway 100 metres on each side of a residence which is affected by dust will be bitumen sealed subject to the following conditions; 1. Application for the work is made by the resident affected. 2. Dust sealing will need to include formation, pavement and drainage reconstruction where necessary and if approved, will be included in Council’s Works Program to suit resources and programming. 3. Council will provide a cost estimate for the works, including all appropriate overhead costs, but will not include a profit margin for the works. 4 The resident is to pay 100% of the cost of the works; Council will not make any contribution to the works. 5. All requests will be assessed on merit, taking into account location, future maintenance, benefit derived, geometry of existing road, whole of life maintenance costs etc.”
Tweed Shire Council’s policy on Bitumen Sealing Contribution states: “Council accepts contributions towards the cost of upgrading a gravel road provided the offer matches the estimated cost of the bitumen seal, these offers being conditional upon Council being able to fund the balance costs. Requests for identified health or safety problems are to be considered notwithstanding connection to existing seal. “
In administering this policy, it is required that the length of the work be at least 100 metres for practical purposes, that payment for the full cost of the seal be made in advance and that the job does not involve any earthworks or formation widening to meet current design standards. It is also required that the section of road to be sealed must not be part of the road frontage of a property that has development potential.
Lismore City Council’s Self Help Policy states: “Applications to carry out projects may be submitted by any individual, a group of people or businesses for work on Council’s road network. Council may contribute up to a maximum of 50% of the final construction cost. Council may undertake and / or support such community road improvement projects, as it considers appropriate. In considering the approval of the project, Council may take into consideration the following factors: 1. The assessed Community needs 2. Funding resources availability. 3. Maintenance implications both in the short and long term. 4. Potential maintenance and public risk / liability issues. Council retains the right to accept or reject any proposal.
No work can commence on a project until a Self Help agreement is finalised, and Council has approved it by resolution. No work can commence on a project until at least 50% of the funds have been paid by the other party.”
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Lismore Council has also resolved in connection with this policy that a separate body of funding be determined by Council to fund its share of sealing gravel roads contributed to by residents, that an annual limit be put on Council’s share of $100,000, and that residents contribute a minimum of 50% of the construction costs.
Conclusion:
It is considered that it would be appropriate for Council to adopt a policy to enable contributions from the community towards road infrastructure projects other than projects associated with development applications, to be accepted. It is proposed to develop guidelines to allow contributions to be considered for the full range of road and transport infrastructure and to incorporate these in the next review of the Road Network Management System.
For the specific case of dust sealing of roads it is suggested that the policy should require at least 50% contribution to the full cost of sealing of a minimum length of 100 metres in front of the applicant’s property, including any earthworks, formation or drainage works, pavement upgrading and bitumen sealing to the minimum width of new works of 6 metres.
The proposed policy is attached.
Budget & Financial Aspects In order for Council to consider the impact of its contribution to the cost of these works on its overall works program, it is proposed that all applications for participation in the scheme be considered in conjunction with the next years Management Plan.
Council may also elect to place an upper limit on the funding it will allocate to the scheme to limit the impact these works may have on its normal capital works program.
Recommendation That the Policy “Self Help Program: Bitumen Sealing of Unsealed Roads” be adopted.
During discussion of the report Councillors considered that a more general policy providing guidelines to enable voluntary contribution from the community to a wide range of works within the road network, and not limited to bitumen sealing, would be desirable.
It was resolved that a further report be brought to Council on the matter.
Report
In accordance with the previous resolution, an amended draft policy has been prepared providing guidelines for community contribution towards upgrading of roads and associated infrastructure.
The policy provides for applications to be accepted from individuals, groups of people or business interests to provide funding for projects which may otherwise not be considered by Council for inclusion in its works program. In considering the proposals, Council could determine whether it was prepared to provide Council funding towards the project, and the extent of funding, based on criteria set out in the policy.
The draft policy is included in the attachments to the business paper.
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Budget & Financial Aspects
It is envisaged that any projects approved for funding under the policy would be funded in the following financial year budget, with a maximum amount for Council’s contribution to self help projects to be determined each year, based on consideration of submissions received.
Recommendation
That the draft policy “Self Help Program” be adopted for public exhibition and comment.
Attachments
1. Draft Policy: Self Help Program.
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ITEM 15B PLANNING SERVICES REPORT
15B.1 DEVELOPMENT APPLICATIONS RECEIVED, DETERMINED AND OUTSTANDING FOR THE PERIOD 1 NOVEMBER 2010 TO 30 NOVEMBER 2010
Report
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 2007/188 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 2008/87 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
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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 2009/46 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
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Status: Awaiting DMP Comments 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 2010/74 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 2010/107 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
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Received: Referred To DMP For Comment Status: Awaiting Applicant's 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 2010/127 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: Approved subject to conditions 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 2010/141 Property: Lot 13 DP 1011652 Jiggi Parish, Rous County. Address Kyogle Rd Cawongla Applicant/Owner: Newton Denny Chapelle / PV Hallpike & FM Hopkins Proposal: Subdivision Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2010/143 Property: Lot 5 DP 4973 Fairy Mount Parish, Rous County. Address McDougall St Kyogle Applicant/Owner: Noel Francis Reynolds / NF Reynolds Proposal: Garage Extension Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2010/146 Property: Lot 13 DP 1112691 Wiangarie Parish, Rous County. Address Summerland Way Kilgra Applicant/Owner: John Edward Creighton / JE & BW Creighton Proposal: Dwelling Received: Referred To DMP For Comment Status: Approved subject to conditions 2010/148 Property: Lot 30 DP 1040731 Toonumbar Parish, Rous County. Address Afterlee Road, Ghinni Ghi Applicant/Owner: All Steel Garages & Sheds / Sumalco Pty Ltd Proposal: Dwelling & Shed
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Received: Referred To DMP For Comment Status: Approved subject to conditions 2010/150 Property: Lot 122 DP 806090 Jiggi Parish, Rous County. Address Kyogle Rd Cawongla Applicant/Owner: Newton Denny Chapelle / DH Sleeth & ZM Armstrong Proposal: Subdivision Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2010/151 Property: Lot 37 DP 1064252 Runnymede Parish, Rous County. Address Rosewood Pl Kyogle Applicant/Owner: Leslie Albert Roy / BL & KA Descovich Proposal: Dwelling Received: Referred To DMP For Comment Status: Approved subject to conditions 2011/7 Property: Lot 563 DP 850175 Runnymede Parish, Rous County. Address Runnymede Rd Kyogle Applicant/Owner: Newton Denny Chapelle / RT & CM O'Neill Proposal: Subdivision Received: Referred To DMP For Comment Status: Awaiting RFS & ARTC Comments 2011/13 Property: Lot 1 DP 790288 Tabulam Parish, Rous County. Address Clarence Way Tabulam Applicant/Owner: Murray David Ings Proposal: Quarry Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2011/14 Property: Lot 73 DP 6029 Stratheden Parish, Rous County. Address Pines Rd Edenville Applicant/Owner: Landpartners / JR Mamet Proposal: Subdivision Received: Referred To DMP For Comment Status: Awaiting RFS Comments 2011/18 Property: Lot 12 DP 1040514 Queebun Parish, Rous County. Address: Trentys Lane Doubtful Creek Applicant/Owner: Harold John Standfield / HJ Standfield Proposal: Quarry Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2011/20 Property: Lot 13 DP 1081723 Fairy Mount Parish, Rous County. Address: Kyogle Rd Homeleigh Applicant/Owner: Coastline Building Certification / PJ & SJ Owen
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Proposal: Dwelling Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2011/22 Property: Lot 270 DP 4517 Fairy Mount Parish, Rous County. Address: Stratheden St Kyogle Applicant/Owner: Kyogle Council / Kyogle Council Proposal: Art Gallery, Museum, Library Extension Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2011/25 Property: Lot 1 DP 435758 Ettrick Parish, Rous County. Address: Ghinni Ghi Rd Ghinni Ghi Applicant/Owner: Peter Daniel Wallbank / PD & A Wallbank Proposal: Relocation Of Multi Purpose Room & Verandah Received: Referred To DMP For Comment Status: Approved subject to conditions 2011/28 Property: Lot 3 DP 759111 Donaldson Parish, Rous County. Address: MacPherson St Woodenbong Applicant/Owner: Genesis Two Pty Ltd / TH Strand Proposal: Renovation & Licenced Cafe Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2011/30 Property: Lot 21 DP 869244 Sandilands Parish, Drake County. Address: Bruxner Hwy Mallanganee Applicant/Owner: Ardill Payne & Associates / FK & JB Holmes Proposal: Quarry Extension Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2011/31 Property: Lot 1 DP 627364 Ettrick Parish, Rous County. Address: Blackhorse Rd Eden Creek Applicant/Owner: Matthias & Juanita O'Callaghan / Blackhorse Creek Pty Ltd Proposal: Dwelling Additions Received: Referred To DMP For Comment Status: Approved subject to conditions 2011/33 Property: Lot 21 DP 846492 Jiggi Parish, Rous County. Address: Cawongla Rd Cawongla Applicant/Owner: A Gautsch-Rutter / A & G Gautsch-Rutter Proposal: Change Of Use, Farmstay Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2011/34 Property: Lot 12 DP 582916 Stratheden Parish, Rous County. Address Edenville Rd Cedar Point
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Applicant/Owner: Rodney John Graham / PA Carlill Proposal: Quarry Received: Referred to DMP for Comment Status: Awaiting DMP Comments 2011/37 Property: Lot 24 DP 6798 Runnymede Parish, Rous County. Address Highfield Rd Kyogle Applicant/Owner: Unique Building Solutions / GA Johnston Proposal: Duplex Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2011/38 Property: Lot 364 DP 860508 Fairy Mount Parish, Rous County. Address Karina Pl Fawcetts Plain Applicant/Owner: Unique Building Solutions / GW & RR Langley Proposal: Dwelling Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2011/39 Property: Lot 3 DP 260848 Ettrick Parish, Rous County. Address Afterlee Rd Smiths Creek Applicant/Owner: D & J Lamberton / DA Lamberton & Jonathan Proposal: Multiple Occupancy Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2011/40 Property: Lot 1 DP 759111 Donaldson Parish, Rous County. Address Lindsay St Woodenbong Applicant/Owner: Murray Frederick Hartman / MF Hartman Proposal: Dwelling Received: Referred To DMP For Comment Status: Approved subject to conditions 2011/41 Property: Lot 361 DP 128236 Warrazambil Parish, Rous County. Address: Green Pigeon Road, Green Pigeon Applicant/Owner: Elizabeth Baker / Mr C Greenaway Proposal: Dwelling Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2011/42 Property: Lot 13 DP 791735 Runnymede Parish, Rous County. Address: Hillyards Rd Boorabee Park Applicant/Owner: Enviro Link Consulting / DJ Hobbins & C Dinsey Proposal: Subdivision By Boundary Adjustment Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2011/43 Property: Lot 56 DP 1121658 Boorabee Parish, Rous County.
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Address: Boorabee Creek Rd Boorabee Park Applicant/Owner: Maire Joy Barron / S & J Mann Pty Ltd Proposal: Internal Road And House Site Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2011/44 Property: Lot 3 DP 703935 Geneva Parish, Rous County. Address: Caddie Avenue, New Park Applicant/Owner: Steven Anthony Hoffman / SA & N Hoffman Proposal: Swimming pool & deck Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2011/45 Property: Lot 1 DP 1156630 Geneva Parish, Rous County. Address: Ettrick Rd Horse Station Creek Applicant/Owner: Austart Homes Gold Coast P/L / DL& MB Keogh Proposal: Dwelling Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2011/46 Property: Lot 121 DP 794265 Jiggi Parish, Rous County. Address: Oxbow Rd Cawongla Applicant/Owner: Newton Denny Chapelle / Complete Coating Commercial Proposal: 13 Lot Subdivision And Road Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2011/47 Property: Lot 24 DP 620409 Fairy Mount Parish, Rous County. Address: Ettrick St Kyogle Applicant/Owner: P Lewis / P Lewis & L Woodrow Proposal: 2 Duplexes Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2011/48 Property: Lot 3 DP 537648 Runnymede Parish, Rous County. Address: Summerland Way, Kyogle Applicant/Owner: Stephen Paul McElroy / Duncan's Holdings Ltd Proposal: 3 Drying Ovens In Three Stages Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2011/49 Property: Lot 181 DP 801267 Black Camp Parish, Drake County. Address: Culmaran Creek Road, Culmaran Creek Applicant/Owner: Envirolink Consulting / SH & KA Larsson Proposal: Subdivision By Boundary Adjustment Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2011/50
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Property: Lot 4 DP 759111 Donaldson Parish, Rous County. Address: Macpherson St Woodenbong Applicant/Owner: Bryan James Farr / BJ Farr Proposal: Cabin As Extended Dwelling Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2011/51 Property: Lot 1 DP 532420 Fairy Mount Parish, Rous County. Address: Summerland Way Kyogle Applicant/Owner: Eden Creek Fairymount Preschool / Kyogle Citizens Band Inc Proposal: Shade Sails Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2011/52 Property: Lot 55 DP 755733 Roseberry Parish, Rous County. Address: Eden Creek Rd Upper Eden Creek Applicant/Owner: Douglas Edward Petherbridge / RK & CM Sheard Proposal: Dwelling Additions Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2011/53 Property: Lot 21 DP 1001540 Hanging Rock Parish, Rous County. Address: Stony Chute Road, Stony Chute Applicant/Owner: M & E Lovell / DW & FK Lovell Proposal: Dwelling Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2011/54 Property: Lot 7 DP 6063 Bonalbo Parish, Buller County. Address: Capeen St Bonalbo Applicant/Owner: Joanne Margarita King / JM King Proposal: Dwelling Additions Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2011/55 Property: Lot 11 DP 1126618 Fairy Mount Parish, Rous County. Address: Killaloe Rd Green Pigeon Applicant/Owner: Gregory John Walters / Integrated Hotels Group Limited Proposal: Relocated Dwelling Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2011/56 Property: Lot 7 DP 759088 Wiangarie Parish, Rous County. Address: Summerland Way Wiangaree Applicant/Owner: Peter David Greenhalgh / EW Hendry Proposal: Garage Received: Referred To DMP For Comment Status: Awaiting DMP Comments
ORDINARY COUNCIL AGENDA 20 December 2010 Page 37
2011/57 Property: Lot 10 DP 1147040 Geneva Parish, Rous County. Address: Old Cob-O-Corn Rd Horse Station Creek Applicant/Owner: Michelle Lee Davis / ML Davis & VG Dawson Proposal: Dwelling, Studio And Swimming Pool Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2011/58 Property: Lot 15 DP 31724 Geneva Parish, Rous County. Address: William St Geneva Applicant/Owner: Melanie Maree Serone / MGF & MM Serone Proposal: Verandah Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2011/59 Property: Lot 1 DP 531985 Unumgar Parish, Rous County. Address: Summerland Way Unumgar Applicant/Owner: MJ Smith Ground Preparation / KJ & II Clark Proposal: Quarry Received: Referred To DMP For Comment Status: Awaiting DMP Comments 2011/60 Property: Lot 15 DP 872414 Dyraaba Parish, Rous County. Address: Bulmers Rd Mummulgum Applicant/Owner: BM Wilson / BM & EJ Wilson Proposal: Rural Shed Received: Referred To DMP For Comment Status: Awaiting DMP Comments
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 1 November 2010 to 30 November 2010 be received and noted.
ORDINARY COUNCIL AGENDA 20 December 2010 Page 38
2. That the information contained in the report Development 1 November 2010 to 30 November 2010 only in relation to DA../… and DA../…. In which Councillors ….. have declared an interest be received and noted.
15B.2 DEVELOPMENT APPLICATION 2011.22 - LIBRARY ADDITION / ART GALLERY / MUSEUM
Summary/Purpose
This report is compiled to further the assessment of Development Application 2011.22, being for the development of a library addition, art gallery and museum on Lots 268, 269 and 270 on Deposited Plan 4517; 2 Stratheden Street, Kyogle.
Community Strategic Plan Item(s)
• Governance and Community Service • Village Life • Economic Development
Background Information
On 27 August 2010 Kyogle Council lodged an application to develop Lots 268, 269 and 270 on Deposited Plan 4517 for the purposes of a library, art gallery and museum. The Development Application comprised a Statement of Environmental Effects compiled by Kyogle Council and conceptual designs by Bud Brannigan Architects.
Kyogle Council requested Ballina Shire Council to undertake a peer review and assessment of DA 2011.22. This request is being honoured, with Ballina Shire Council's Senior Town Planner being assigned to assess the application and, subsequent to the assessment, prepare a report in a standard format for Kyogle Council's determination.
Through the assessment process Kyogle Council, in its capacity as Applicant, has been requested to furnish additional information to determine whether the proposed land use is appropriate for the subject land and is subsequently able to be approved. The additional information is sought to address the issue of land contamination generated by existing and previous land uses on the subject site; the impact on heritage values recognised in draft Kyogle Local Environmental Plan 18 and potentially unrecognised in the existing Council depot building; and the impact of the proposed land use on adjoining residential properties situated to the north of the development site.
Kyogle Council sought quotations from six (6) private consultancies to undertake the necessary assessments. All of the consultancies have responded to Council with quotations and their willing capacity to undertake the required work.
ORDINARY COUNCIL AGENDA 20 December 2010 Page 39
Previous Council Consideration
At the Extraordinary Meeting of Council convened on 27 July 2010 it was resolved:
"That Council endorses this project for the purposes of seeking funding from state and federal governments.
That Council’s commitment to the project is to consist of the provision of the identified land, car parking spaces and donation of development application fees only."
Report
The fees payable for making a development application are described on Council's schedule of fees and charges. Obviously there is no prescribed fee for the collation of additional information and Council's resolution of 27 July, 2010 is not considered to extend to the funding of the necessary consultancies.
According to the report to Council's Extraordinary Meeting on 27 July 2010 entitled Art Gallery - Museum Addendum Report, "[d]evelopment approval is required in order to have this project 'shovel ready' for federal government funding, so a development application needs to be submitted and approved by Council." The DA has been submitted but is required to be furnished with additional information in order for Council to make an informed decision on its suitability. Justification for the additional information has been provided by Ballina Shire Council at the request of the General Manager and is recited below for information purposes.
"The information … is crucial in determining whether the proposed landuse, being museum/art gallery/library extension is appropriate for and able to be approved on the subject site. This information is not related to the design of the development, it relates to whether the site can be developed for the proposed uses.
"Furthermore:
• The preliminary information relating to land contamination will be able to determine whether any contamination exists on site and whether any remediation is required. Should remediation etc. works be required, then these works could be conditioned within any consent granted. It is noted that Clause 7 of State Environmental Planning Policy No. 55 – Remediation of Land states:
7 Contamination and remediation to be considered in determining development application (1) A consent authority must not consent to the carrying out of any development on land unless: (a) it has considered whether the land is contaminated, and (b) if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and (c) if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried
ORDINARY COUNCIL AGENDA 20 December 2010 Page 40
out, it is satisfied that the land will be remediated before the land is used for that purpose. (2) Before determining an application for consent to carry out development that would involve a change of use on any of the land specified in subclause (4), the consent authority must consider a report specifying the findings of a preliminary investigation of the land concerned carried out in accordance with the contaminated land planning guidelines. (3) The applicant for development consent must carry out the investigation required by subclause (2) and must provide a report on it to the consent authority. The consent authority may require the applicant to carry out, and provide a report on, a detailed investigation (as referred to in the contaminated land planning guidelines) if it considers that the findings of the preliminary investigation warrant such an investigation. (4) The land concerned is: (a) land that is within an investigation area, (b) land on which development for a purpose referred to in Table 1 to the contaminated land planning guidelines is being, or is known to have been, carried out, (c) to the extent to which it is proposed to carry out development on it for residential, educational, recreational or child care purposes, or for the purposes of a hospital—land: (i) in relation to which there is no knowledge (or incomplete knowledge) as to whether development for a purpose referred to in Table 1 to the contaminated land planning guidelines has been carried out, and (ii) on which it would have been lawful to carry out such development during any period in respect of which there is no knowledge (or incomplete knowledge).
Table 1 of the Managing Land Contamination Planning Guidelines - SEPP 55–Remediation of Land states:
Table 1. Some Activities that may Cause Contamination • acid/alkali plant and formulation • agricultural/horticultural activities • airports • asbestos production and disposal • chemicals manufacture and formulation • defence works • drum re-conditioning works • dry cleaning establishments • electrical manufacturing (transformers) • electroplating and heat treatment premises • engine works • explosives industry • gas works • iron and steel works • landfill sites
ORDINARY COUNCIL AGENDA 20 December 2010 Page 41
• metal treatment • mining and extractive industries • oil production and storage • paint formulation and manufacture • pesticide manufacture and formulation • power stations • railway yards • scrap yards • service stations • sheep and cattle dips • smelting and refining • tanning and associated trades • waste storage and treatment • wood preservation
There are possibilities that the Council depot building contains asbestos, has stored oil, pesticides, chemicals and potentially other activities listed in Table 1, it is imperative that the Preliminary Contamination Assessment be prepared and submitted…
• …There needs to be some assessment undertaken of how the proposed landuse will affect the heritage significance of surrounding draft heritage items. The preliminary heritage assessment would no doubt provide recommendations as to what components of the existing site should remain undeveloped, what design styles are preferred in the new development and how the proposed landuse is compatible with etc. the draft heritage items.
It is also noted that a Land and Environment Court planning principle exists in relation to heritage and impact of adjacent development - Anglican Church Property Trust v Sydney City Council [2003] NSWLEC 353. This case does refer to the assessment of heritage impact on an item at the masterplan/concept stage.
Also … it is unknown as to whether the Council maintenance/depot building is of heritage value. Given the expected age of the building and the intended future development comprising Stage 2, an assessment of its heritage significance (or lack thereof) should be undertaken.
Section 79C (1) requires that in the determination of a DA, the consent authority take into consideration (amongst other matters):
(a) (ii) any draft environmental planning instrument; (b) the likely impacts of the development, including environmental impacts on both the natural and built environments, social and economic impacts in the locality.
These two matters are considered to encompass heritage issues.
ORDINARY COUNCIL AGENDA 20 December 2010 Page 42
• In relation to the noise impact assessment, there are residential properties to the north of the subject site. The proposed landuse will undoubtedly have an impact on these properties. It is noted that the concept drawings include a loading dock/machinery store etc. adjacent to these dwellings.
Section 79C (1) requires that in the determination of a DA, the consent authority take into consideration (amongst other matters):
(b) the likely impacts of the development, including environmental impacts on both the natural and built environments, social and economic impacts in the locality.
This matter includes noise impacts from and upon the proposed development and surrounding properties. The “Noise Guide for Local Government” produced by DECCW in 2010 provide further justification as to why noise impacts should be considered as part of the DA…
"It is not considered appropriate for any of these matters to be dealt with via conditions of consent, as it may be any one of these matters could be fatal to the proposal, which would result in a somewhat invalid consent (whereby the consent conditions are not able to be satisfied)."
A request has been lodged with the local Federal Member seeking advice as to: a) Whether the application is able to be progressed without the development application approval; and b) If not, what is the likelihood of success of the application should Council commit the extra funding and obtain development application approval.
It is hoped that this information will be available for presentation before or at the December Ordinary Meeting.
Budget & Financial Aspects
If Council was to engage the consultants based on affordability only, then the cost to compile the necessary professional reports would be $8,790 plus GST.
Recommendation
To be provided along with the above response.
ORDINARY COUNCIL AGENDA 20 December 2010 Page 43
ITEM 15C ENVIRONMENT SERVICES REPORT
Nil.
ITEM 15D CORPORATE SERVICES REPORT
15D.1 PRESENTATION OF AUDITED FINANCIAL STATEMENTS 2009/2010
Summary/Purpose
This report serves to present Council’s Financial Statements for the 2009/2010 year to the public.
Background Information
Relevant sections of the Local Government Act 1993 are:
419 Presentation of the council’s financial reports (1) As soon as practicable after a council receives a copy of the auditor’s reports: (a) it must fix a date for the meeting at which it proposes to present its audited financial reports, together with the auditor’s reports, to the public, and (b) it must give public notice of the date so fixed. (2) The date fixed for the meeting must be at least 7 days after the date on which the notice is given, but not more than 5 weeks after the auditor’s reports are given to the council.
Note. Unless an extension is granted under section 416, the meeting must be held on or before 5 December after the end of the year to which the reports relate.
(3) The public notice must include: (a) a statement that the business of the meeting will include the presentation of the audited financial reports and the auditor’s reports, and (b) a summary, in the approved form, of the financial reports, and (c) a statement to the effect that any person may, in accordance with section 420, make submissions (within the time provided by that section and specified in the statement) to the council with respect to the council’s audited financial reports or with respect to the auditor’s reports. (4) Copies of the council’s audited financial reports, together with the auditor’s reports, must be kept available at the office of the council for inspection by members of the public on and from the date on which public notice of the holding of the meeting is given and until the day after the meeting (or any postponement of the meeting).
ORDINARY COUNCIL AGENDA 20 December 2010 Page 44
419 Presentation of the council’s financial reports (1) A council must present its audited financial reports, together with the auditor’s reports, at a meeting of the council held on the date fixed for the meeting. (2) The council’s auditor may, and if so required in writing by the council must, attend the meeting at which the financial reports are presented.
420 Submissions on financial reports and auditor’s reports
(1) Any person may make submissions to the council with respect to the council’s audited financial reports or with respect to the auditor’s reports. (2) A submission must be in writing and must be lodged with the council within 7 days after the date on which those reports are presented to the public. (3) The council must ensure that copies of all submissions received by it are referred to the auditor. (4) The council may take such action as it considers appropriate with respect to any such submission, including the giving of notice to the Director-General of any matter that appears to require amendment of the council’s financial reports.
Report
Council adopted the Financial Statements for the 2009/2010 year and authorised the signing of the Council Statements at the Extraordinary Meeting held 30 November 2010.
Council’s Auditors, Thomas, Noble & Russell, attended that meeting to provide Council with the Independent Audit Reports on its General and Special Purpose Financial Reports.
The Audit of the financial statements has resulted in Council receiving an “Unqualified” audit report for the year ended 30 June 2010.
Council has nominated 20 December, 2010 as the date on which the Audited Financial Statements will be presented to the public.
The Audited Financial Statements have been previously distributed to Councillors under separate cover.
It is important to note that Section 420 of the Local Government Act, 1993 allows any person to make a submission to Council with respect to the Council’s audited financial reports. Submissions must be in writing and lodged with Council within 7 days after the date on which the report was presented to the public.
Council must forward copies of all submissions to the Auditors, and may take such action as it considers appropriate with respect to any such submission, including the giving of notice to the Director-General of any matter that appears to require amendment of the Council’s financial reports.
ORDINARY COUNCIL AGENDA 20 December 2010 Page 45
Recommendation
That in accordance with the Local Government Act 1993, the Audited Financial Reports for the year ended 30 June 2010, and the Independent Audit Reports be presented to the public.
15D.2 2011/2012 MANAGEMENT PLAN TIMETABLE
Summary/Purpose
This report is to provide Council with a timetable for the preparation and adoption of the 2011/2012 Management Plan.
Report
The Division of Local Government released it’s Circular 10-29 containing guidelines for the preparation of a special rate variation application on 2 December, 2010. This circular can be found at the following web address: http://www.dlg.nsw.gov.au/dlg/dlghome/documents/Circulars/10-29.pdf
On 10 December, 2010, IPART announced the applicable rate peg for NSW local government for 2011/2012 as 2.8%. This announcement can be viewed at the following web address: http://www.ipart.nsw.gov.au/files/Media%20Release%20- Rate%20Peg%20for%20NSW%20Local%20Governments%20for%202011-12%20- %20December%202010%20-%20Website%20Document.PDF
This increase will raise approximately $127,000 in additional rate revenue.
The additional staff superannuation contributions to the defined benefits fund as a result of the amendment to the contributions formula that occurred in 2010/2011 will continue in 2011/2012 and will cost approximately $190,000 over and above the “normal” superannuation levels. i.e. as with 2010/2011 the additional rate income will not even cover Council’s increased superannuation costs, let alone other CPI expense increases and will further erode its ability to provide core services to the community.
The below timetable has been prepared so as to meet the DLG’s timetable for above pegging applications should Council resolve to make such an application.
Additional public meetings would need to be held during the public exhibition of the Management Plan if Council were to apply for an above pegging increase.
ORDINARY COUNCIL AGENDA 20 December 2010 Page 46
Action Deadline Deadline to Adopt Plan 30 June 2010 Adopt Management Plan – Ordinary Meeting 27 June 2010 Public Submissions Close 28 May 2010 Adopt Draft Plan for Public 25 April 2010 Draft Management Plan Prepared 15 April 2010 Council Workshop Draft Plan & Submissions 11 April 2011 Prepare Draft Budget Estimates 31 March, 2011 Public Forums February-March 2011 Workshop with Council 7 February, 2011 Call for input/submissions/ideas 1 February, 2011
Recommendation
1. That the information contained in the 2011/12 Management Plan Timetable Report be received and noted.
15D.3 FUTURES FUNDING APPLICATIONS
Summary/Purpose
This report presents information relating to Futures Funding applications to Council for determination.
Community Strategic Plan Item(s)
• Village Life • Economic Development
Previous Council Consideration
At the October Ordinary Meeting, Council considered the Futures Funding Applications that had been received and resolved:
That Council consult with the Woodenbong/Bonalbo communities in relation to the available Futures Funding to ascertain where those communities would like the funding to be expended including the current application from Care Connections.
ORDINARY COUNCIL AGENDA 20 December 2010 Page 47
Report
Due to the existing vacancy in the Community Development Officer's position, staff have not had the available resources to consult with the Woodenbong/Bonalbo communities as yet.
Contact has however been made with Care Connections to ascertain what community consultation had been undertaken by them prior to the initial application being submitted.
Staff from Care Connections advised that they;
• conducted a number of consultative meetings with residents in the Bonalbo and Woodenbong areas, and as a result the application was based on information gathered from residents.
• researched a number of Kyogle Council documents including the Kyogle Sense of Place document and the Kyogle Social Plan.
• gathered information from the previous Community Projects officer who had conducted community consultations and attended interagency meetings.
Their findings showed there have not been the take up of home based support and care early enough and this has resulted in falls or worse. The person is then admitted to hospital and then more than likely goes into a nursing home. This is not the preferred option and the evidence for the failure of this approach is demonstrated in hospital admissions. This trend is unsatisfactory to residents in these communities.
Care Connections hopes the grant will enable them to address these issues with the communities and ultimately direct them to services to enable people to remain at home for as a long as possible.
Since the October meeting a further application for funding has been received from the Bonalbo Past and Futures Committee for Centenary Celebrations in Bonalbo.
The project is being auspiced by the Bonalbo Bowling Club Inc. and is organising an event to celebrate the centenary of Bonalbo in April 2011.
The application addresses all the appropriate criteria and satisfies goals/strategies established in the Sense of Place Project and the current Social Plan.
In 2007 Council allocated $5,000 to the Woodenbong Progress Association for Centenary Celebrations.
This application is competing for the Bonalbo/ Old Bonalbo $3,500 annual allocation.
Normally this application would have to wait until the next call for applications however, as the relevant event is early in 2011, the applicants need to be advised whether or not they will be receiving any funding from Council so that they can progress their planning for the event.
ORDINARY COUNCIL AGENDA 20 December 2010 Page 48
Budget & Financial Aspects
An allocation of $40,000 has been included in the 2010/2011 Management Plan; this is to be allocated as follows:
LGA Projects $13,000 - Allocated Kyogle Projects $13,000 Bonalbo / Old Bonalbo Projects $ 3,500 Woodenbong / Urbenville Projects $ 3,500 Mummulgum / Mallanganee / Tabulam Projects $ 3,500 - Allocated Range to Range (Cawongla / Barkersvale) Projects $ 3,500
Recommendation
1) That Council fund the Futures Funding applications from; Bonalbo Past and Futures Committee for $3,500 for Centenary of Bonalbo celebrations (from the Bonalbo / Old Bonalbo fund). 2) That Council calls for applications for the remaining available Future Funds. 3) That Council notifies Care Connections that its application will be reconsidered along with any other applications received.
Attachments
1. Bonalbo Past and Futures Committee – Futures funding Application 2. Care Connection - Futures funding Application
ORDINARY COUNCIL AGENDA 20 December 2010 Page 49
15D.4 LOGO COMPETITION
Summary/Purpose
This report presents to Council the entries received in response to the logo competition.
Community Strategic Plan Item(s)
• Governance and Community Service
Previous Council Consideration
Council considered a Notice of Motion from Clr Lynette Zito at the Ordinary Meeting held on 27 September 2010. At this meeting it was resolved:
a) That Council consider updating its logo by way of an open competition; and b) That five hundred dollars ($500) be approved from the sundry administration expenses budget as the prize for this competition.
Report
Entries for the logo competition were invited through advertisements in the Council Newsletter and Richmond River Express Examiner.
There were thirty three entries received and there was one letter supporting the retention of the current logo. A copy of all logos has been distributed separately to Councillors.
Staff have reviewed the logos and provided a shortlist of five logos. As there was no design brief there were no specified criteria to assess the entries against.
The short listed selection has been based on: Colour Representative of element/s of the Kyogle local Government Area Ability to retain detail/clarity when reproduced Unique Simple and clear
Budget & Financial Aspects
The $500 prize money is to be funded from the sundry administration budget.
Recommendation
That the five selected logos and the existing Kyogle Council logo be placed on public exhibition inviting public comment for a period of 28 days.
ORDINARY COUNCIL AGENDA 20 December 2010 Page 50
Attachments
1. Logo entries – separate attachment
15D.5 INTERNAL AUDIT
Summary/Purpose
This report presents information on the establishment of an internal audit function.
Community Strategic Plan Item(s)
• Governance and Community Service
Background Information
The Division of Local Government (DLG) Internal Audit Guidelines (September 2010) describe internal audit as follows:
Internal audit is described as ‘an independent, objective assurance and consulting activity designed to add value and improve an organisation’s operations.
It helps an organisation accomplish its objectives by bringing a systematic disciplined approach to evaluate and improve the effectiveness of risk management, control and governance processes.
Internal audit’s role is primarily one of providing independent assurance over the internal controls and risk management framework of the council.
Management has primary day-to-day responsibility for the design, implementation, and operation of internal controls.
Internal audit has no direct involvement in day-to-day operations, but it has a direct functional relationship with the General Manager and the council. An effective internal audit function should evaluate and monitor the adequacy and effectiveness of the internal control framework as a minimum.
Risk management is also an essential part of a council’s management and internal control framework. It looks at what risks the council may face and the best way to address these risks. Assessment and management of risk is central to determining internal audit activities.
Internal audit’s core competencies are in the area of internal control, risk and governance. Typically, internal audit’s scope will include some or all of the following areas:
ORDINARY COUNCIL AGENDA 20 December 2010 Page 51
Reliability and integrity of financial and operational information Effectiveness and efficiency of operations and resource usage Safeguarding of assets Compliance with laws, regulations, policies, procedures and contracts Adequacy and effectiveness of the risk management framework.
Previous Council Consideration
At the November, 2010 Council Meeting, it was resolved:
That the General Manager report to Council on the formation of an audit Committee in accordance with the Division of Local Government Guidelines”; and
“That the General Manager include in the report information about establishing a budget for the internal audit activity as part of the December Budget Review”.
Report
The DLG Guidelines identify the following key strategies aimed at ensuring that internal audit services conform with good practice:
• Establish an audit committee, including some members who are external (independent) to council • Set up an independent reporting structure for internal audit and define its functions and responsibilities with an internal audit charter • Adopt and comply with professional internal auditing standards • Recruit and retain capable staff • Establish and communicate a clear internal audit vision and strategy • Demonstrate the value of internal audit • Understand council, management and community stakeholder needs • Focus on risk • Review internal controls • Educate management on risks and controls • Continuously improve the quality of internal audit services.
Audit Committee The audit committee’s role is to provide an independent oversight and monitoring of council’s internal controls, external audit, risk management and compliance.
The audit committee is to maintain an independence from the operational area of Council. This is achieved by having the majority of members external to Council and its operations. Ideally the audit committee should consist of at least three and preferably not more than five members, with the majority being independent external members.
The DLG suggests the following audit committee structures:
Smaller Councils: 1 Councillor (excluding the Mayor) 2 independent members, at least one with financial expertise
ORDINARY COUNCIL AGENDA 20 December 2010 Page 52
Larger Councils 1 or 2 Councillors (excluding the Mayor) 2 or 3 independent members, at least one with financial expertise and/or one with legal or business expertise.
When appointing members of the audit committee, the following qualities should be sought:
• Knowledge of local government • Strong communication skills • High levels of personal integrity and ethics • Sufficient time available to devote to their responsibilities as a committee member • High levels of financial literacy and, if possible accounting; financial; legal compliance and/or risk management experience or qualifications.
Internal Audit Charter, standards and strategy It is considered that the audit committee when determined should be involved in the preparation of an Internal Audit Charter which will define the functions, responsibilities and activities of the Audit Committee. Staff have obtained details of other Councils’ Internal Audit Charter that will be useful in this process.
Recruit and retain capable staff Council currently has staff within its structure that carry out independent checks on works quality control, internal control, risk management and health and safety. These staff, along with Council’s external auditors should be able to provide the necessary assistance required by the audit committee.
Budget & Financial Aspects
The cost of implementing this function will depend upon whether or not the independent committee members charge for their time involved on this committee. Other anticipated costs include: • Out pocket expenses of audit committee • Costs for external auditors attendance/input • Consultancies
Accordingly, for the December budget review which will be presented to the February Ordinary Council Meeting, staff will attempt to identify an initial allocation of $5-10,000 for the internal audit function.
Recommendation
1. That the internal audit report is received and noted. 2. That Council commence the formation of an Audit Committee consisting of 1 Councillor (excluding the Mayor) and 2 independent members, at least one with financial expertise 3. That Council nominates Councillor ………………….. to be on the Audit Committee. 4. That Council advertises for expressions of interest for two external independent audit committee members.
ORDINARY COUNCIL AGENDA 20 December 2010 Page 53
ITEM 15E COMMUNITY SERVICES REPORT
Nil.
ITEM 15F GENERAL MANAGER'S REPORT
15F.1 EMPLOYEE LEAVE ENTITLEMENTS
Summary/Purpose
This report presents to Council, a report on employee leave entitlements in accordance with a previous resolution of Council.
Community Strategic Plan Item(s)
• Governance and Community Service
Previous Council Consideration
At the Extraordinary Meeting Held on 30 November, 2010 it was resolved:
That Council makes the management of Employee Leave Entitlements an item to be included in the General Manager’s Review criteria – Part B, and the General Manager provide a report establishing a suitable criteria to the next Council meeting.
Report
At the Extraordinary Meeting of Council held on 30 November, 2010 there was some discussion in relation to the level of employee costs and an increase in leave entitlements that occurred during the 2009/2010 financial year.
During the preparation of the 2009/2010 and 2010/2011 Management Plans it was pointed out that the rate increases allowed by the State Government through its rate- pegging cap would not be sufficient to cover the additional superannuation contributions (that all NSW Councils are having to pay) resulting from the deficit in the Local Government Superannuation Scheme’s Defined Benefits Fund. It was also pointed out that along with abnormally high electricity cost increases and other general CPI expense increases, this would erode Council’s ability to provide core services.
Information extracted from neighbouring council’s 2009/2010 Financial Statements has been compiled and provided to Councillors. From this information, it can be seen that the increase in employee costs for all of these councils has exceeded the revenue gained from the general rates increase and that Kyogle Council’s employee expense increase for 2009/2010 is generally consistent with that of the other councils.
ORDINARY COUNCIL AGENDA 20 December 2010 Page 54
The level of leave entitlements at 30 June 2010 (as a percentage of ordinary rates) is the third lowest of the seven councils. It is considered that the goal for the 2011 financial year should be to ensure that the level of leave entitlements do not increase this financial year (in terms of the number of days of entitlement) and that the longer term goal should be to reduce the level of employee entitlements down to 30-35% of ordinary rates.
Recommendation
1. That the Employee Leave Entitlements report is received and noted. 2. That Council’s goal in relation to the level of employee leave entitlements (in terms of the number of days of entitlement) for 2010/2011 is that there is no increase (and preferably a reduction) in the levels as at 30 June 2010.
15F.2 ACTING GENERAL MANAGER
Summary/Purpose
The purpose of this report is to request Council to appoint staff to the position of Acting General Manager while the General Manager is on leave.
Background Information
Section 334 of the Local Government Act provides that:
(1) A council must appoint a person to be its general manager. The person must not be a body corporate.
Report
The General Manager will be on leave from 24 December, 2010 to 7 January, 2011 inclusive and from 17 January, 2011 to 31 January, 2011 inclusive.
The Council office will be closed from 24 December, 2010 to 7 January, 2011 inclusive.
Recommendation
That the following Acting General Manager appointments be made:
17 January, 2011 to 21 January 2011 inclusive – Director of Corporate & Community Services. 24 January 2011 to 31 January 2011 inclusive – Director of Technical Services.
ORDINARY COUNCIL AGENDA 20 December 2010 Page 55
15F.3 CODE OF CONDUCT
Summary/Purpose
This report presents matters in relation to the Code of Conduct for consideration.
Background Information
Under section 440 of the Local Government Act 1993, councils must adopt a code of conduct that incorporates the provisions of the Model Code (or is consistent with the Model Code).
Previous Council Consideration
At the August Ordinary Council Meeting, Council resolved:
That Council advertise for expressions of interest from members of the public interested in becoming a member of the Code of Conduct Panel.
That Council forms a panel consisting of the Mayor, Deputy Mayor and the General Manager to consider applications and interview prospective Conduct Review Committee members.
That if insufficient suitable applications are received that the General Manager compile a list of those people who are already providing this service for other Councils and are available to provide the same service for Kyogle Council.
Report
Under the adopted Council Code of Conduct, Council must resolve to appoint persons independent of Council to comprise the members of a conduct review committee and/or act as sole conduct reviewers.
The members of the conduct review committee and/or the persons acting as sole conduct reviewers should be appropriately qualified persons of high standing in the community and is not or has not been a Councillor or employee of that council within the previous 5 years. These persons do not need to be residents of the local government area of the council that has appointed them.
Council has currently identified one person to sit on a conduct review committee and/or act as sole conduct reviewer.
Division of Local Government Guidelines state that councils should appoint three or more persons to act as conduct reviewers.
When making decisions to appoint conduct reviewers, councils should consider whether or not these persons are familiar with the requirements of natural justice. Councils should
ORDINARY COUNCIL AGENDA 20 December 2010 Page 56
also consider providing conduct reviewers with appropriate training to support their position.
Expressions of interest from persons independent of Council were invited through advertisements in the Northern Star and the Council Newsletter.
Three applications were received and copies of these applications have been separately distributed to Councillors.
The selection panel considered all three applicants worthy of an interview and subsequently arranged for interviews to take place.
At the conclusion of these interviews the panel members agreed unanimously to recommend all three applicants for appointment as conduct reviewers. It was also agreed to recommend that the term of appointment for the three applicants and Mr. Geoff McNamara (previously appointed), subject to their acceptance, should be two years.
It was further agreed that, in accordance with DLG guidelines and the previous resolution of Council, that the General Manager should now compile a list of those people who are already providing this service for other Councils and are available to provide the same service for Kyogle Council so we can look to appoint an additional 1-2 conduct reviewers.
Recommendation
That the following individuals be appointed, subject to their acceptance, as conduct reviewers under Council’s Code of Conduct up to and including 31 December, 2012:
• Ms. Pat Anderson • Mr. Dallas Franklin • Mr. Peter Imeson • Mr. Geoff McNamara
ORDINARY COUNCIL AGENDA 20 December 2010 Page 57
ITEM 16 URGENT BUSINESS WITHOUT NOTICE
Nil.
ITEM 17 QUESTIONS FOR NEXT ORDINARY MEETING
Nil.
ITEM 18 CONFIDENTIAL BUSINESS PAPER
18.1 TENDER FOR THE SUPPLY OF MOTOR GRADER
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
18.2 TENDERS FOR BRIDGE REPLACEMENTS BOOMI CREEK BRIDGE AND TERRACE CREEK BRIDGE
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
ORDINARY COUNCIL AGENDA 20 December 2010 Page 58
18.3 LEGAL ADVICE RELATING TO DEVELOPMENT APPLICATION 2010-122
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
18.4 EASEMENT AGREEMENT
Reason for Confidentiality
This report is CONFIDENTIAL in accordance with Section 10A(2)(d) and (g) 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 (g) advice concerning litigation, or advice that would otherwise be privileged
ORDINARY COUNCIL AGENDA 20 December 2010 Page 59
APPENDIX / ATTACHMENTS
KYOGLE COUNCIL
ATTACHMENTS
ORDINARY COUNCIL MEETING
ON 20 DECEMBER 2010
ORDINARY COUNCIL AGENDA 20 December 2010 Page 1
9.1 CONFIRMATION OF ORDINARY MINUTES - 22 NOVEMBER 2010
Kyogle Council
Unconfirmed Minutes of the Ordinary Meeting held in the Council Chambers, Stratheden Street, Kyogle, on 22 November 2010.
PRESENT
Cr. Ernie Bennett, (Mayor in the Chair), Cr. Ross Brown (arrived 3.39 p.m.), Cr. Lindsay Passfield, Cr. Lynette Zito, Cr. Robert Dwyer, Cr. Robert Leadbeatter and Cr. Tom 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 3.32 p.m.
ITEM 1 APOLOGIES
An apology was received from Councillor John O'Reilly.
Councillor Janet Wilson's apology and leave of absence was also noted from the October Ordinary Meeting.
221110/ 1 RESOLVED
Moved Councillor Robert Dwyer, seconded Councillor Robert Leadbeatter.
That the apologies were accepted. CARRIED
FOR VOTE - Unanimous vote ABSENT. DID NOT VOTE - Janet Wilson, John O’Reilly, Ross Brown
ITEM 2 OPENING PRAYER
The Mayor read the opening prayer.
ORDINARY COUNCIL AGENDA 20 December 2010 Page 2
ITEM 3 TRADITIONAL LANDS ACKNOWLEDGEMENT
The Mayor read the Traditional Lands acknowledgement.
ITEM 4 DECLARATION OF INTERESTS
General Manager declared an interest in the following item/s: • Item 14B.1 Development Applications Received, Determined and Outstanding for the period 1 October 2010 - 31 October 2010 - 2011/07 Reason for Declaration - sister involved in preparation of DA.
Director of Planning & Environmental Services declared an interest in the following item/s: o Item 14B.1 Development Applications Received, Determined and Outstanding for the period 1 October 2010 - 31 October 2010 - 2007/188 Reason for Declaration – previous preparation of SOE affects prior to being employed by Kyogle Council.
Director of Corporate & Community Services declared an interest in the following item/s: o Item 14B.1 Development Applications Received, Determined and Outstanding for the period 1 October 2010 - 31 October 2010 - 2011/07 Reason for Declaration - Property owner.
Cr. Tom Cooper declared a perceived conflict of interest in the following item/s: o Item 14B.1 Development Applications Received, Determined and Outstanding for the period 1 October 2010 - 31 October 2010 - 2011/34 Reason for Declaration – has placed an offer in on a parcel of land which may have a potential quarry.
Cr. Ross Brown declared an interest in the following item/s: o Item 14B.1 Development Applications Received, Determined and Outstanding for the period 1 October 2010 - 31 October 2010 - 2009/18 Reason for Declaration – adjoining land owner
ITEM 5 QUESTION TIME
Ms Trisha Spinks addressed Council;
• Has the Draft Local Environmental Plan (LEP) been signed off and sent to the Department of Planning for consideration?
The Director of Planning & Environmental Services advised the Draft LEP has been provided to the Department of Planning and a response is expected within 4 weeks.
• Will the document be placed on the website?
It will be available however, whether it will all be available online will depend upon the data size of the LEP maps.
ORDINARY COUNCIL AGENDA 20 December 2010 Page 3
• Is there a “buy-back” scheme for flood zoned housing?
The Director of Technical Services advised that voluntary purchase of houses in the high risk flood hazard areas was identified as a strategy in the Kyogle Flood Plain Risk Management Plan. This was discussed at the public information sessions during the preparation of the Plan. No funding is currently available for voluntary purchase but specific cases will be considered for funding as they arise.
The General Manager further advised that following on from a recent meeting, an email will be provided, on the discussed matters.
• Does Council's Ranger have any training in relation to utilising the noise meter which he is using to take readings?
The Director of Planning & Environmental Services advised internal training on utilisation of the noise meter has been provided.
Mrs Wendy Sibley addressed Council;
• Mrs Sibley quoted Council’s Core Values. • Why, when so many properties are going to be affected by the Cedar Point Quarry, and that there are many unanswered questions from the affected residents, and I understand now that there is no legal requirement to consult with these residents on a development that is going to affect them personally in terms of loss of ambience with noise, dust and the potential for 80 plus trucks per day past their homes, and potentially affect them in regard to the valuations of their properties, is there no-one here and including the proponents who are prepared to care enough about these residents to include them in any form of community consultation apart from submissions.
Ms Patsy Bundjalung Nagas, Githabul Nation addressed Council;
• In relation to consultation with aboriginal people regarding the proposed Quarry, is there a document showing that Council has consulted with the Aboriginal Land Council? There are many story lines and Scar trees in the ridges of the Cedar Point area. There are also walking paths and the area is of cultural significance to Aboriginal people.
The Director of Planning & Environmental Services advised a letter has been provided to the Land Council inviting a site visit and consultation regarding the proposed quarry.
Mr Phil Gome addressed Council;
• Cedar Point resident advising of the many concerns for the proposed Cedar Point Quarry. There are clear contradictions within the Environmental Impact Statement
ORDINARY COUNCIL AGENDA 20 December 2010 Page 4
(EIS) including the timeline for submissions, the variance in operating times, fuel storage and monitoring is also unclear. • Will residents receive a copy of the EIS concerns raised, which need to be addressed by the applicant?
The Director of Planning and Environmental Services advised public submissions are to close on 29 November, 2010, and a report will be provided to the February 2011, meeting, at the earliest.
Councillor Ross Brown added that any anomalies within the report need to be brought to Council’s attention, prior to Council making a decision.
The General Manager advised when the development comes before Council for consideration, the assessors will investigate all requests for and against thoroughly prior to any decision being made.
ITEM 6 PUBLIC ACCESS
• Mr Charles Dejoux and Ms Danielle Mulholland addressed Council regarding Development Application 2010-0039 Multiple Occupancy.
Advised that this is the only means to provide care for parents, as they are a close knit family unit. There is a significant financial burden to immediate family with aging parents.
Advised Council has the ability to reduce the Section 94 contribution plan fees, which comes under the Rural Land share community category. Also stated that Council waived contributions to the value of approx $120,000 for the "Mayfield estate" and therefore asks for Council to be fair and equitable.
Suggest that the latest submission will not increase issues for public amenities and services for the Kyogle Council area, and therefore seek a discount, and request Council amend the consent to reflect the costs to be $3,245 plus $4,250 (RCC). (A copy of an email from the Department of Planning was then provided to Council).
• Ms Kylie Thomas addressed Council in relation to the Stop Order placed on family property at Grady's Creek, Kyogle.
Asked that Council remove the “Stop Order” imposed upon their family farm. Outlined that the family enjoy outdoor activities and prior to the stop order, they rode motorbikes 1 weekend per month, always using safety rules, with no modifications being made to the motor bikes.
Advised that the Stop order was made following on from neighbours' complaints. Neighbours who live on a busy sealed road, who also mow for extended periods of time causing continual noise.
Asking Council to provide an "Action plan" as a "Stop Order" is not the solution.
ORDINARY COUNCIL AGENDA 20 December 2010 Page 5
Would like a noise control order to be implemented and have the stop order removed.
The General Manager advised a meeting has already been scheduled for 16 December with various affected parties and Council officers to discuss the matter further.
ITEM 7 MATTERS DETERMINED WITHOUT FURTHER DEBATE
7.1 MATTERS DETERMINED WITHOUT DEBATE
There were no items identified.
ITEM 8 CONFIRMATION OF MINUTES
8.1 CONFIRMATION OF ORDINARY MINUTES - 25 OCTOBER, 2010
221110/ 2 RESOLVED
Councillor Lindsay Passfield, seconded Councillor Ross Brown.
That the Minutes of the Ordinary Meeting held on 25 October, 2010, as amended were adopted.
CARRIED FOR VOTE - Unanimous vote ABSENT. DID NOT VOTE - Janet Wilson, John O’Reilly
ITEM 9 MAYORAL MINUTE
9.1 ITEM TO BE BROUGHT FORWARD
221110/ 3 RESOLVED
Moved by Councillor Robert Dwyer, seconded by Councillor Lynette Zito.
That Item 14B.2 Development Application 2010-0039 - Multiple Occupancy be brought forward for consideration at this point of the meeting.
CARRIED
ORDINARY COUNCIL AGENDA 20 December 2010 Page 6
FOR VOTE - Unanimous vote ABSENT. DID NOT VOTE - Janet Wilson, John O’Reilly
9.2 ADJOURNMENT OF MEETING
The Mayor adjourned the meeting at 4.10 pm
To allow Council to read the documentation provided to the meeting by Ms Danielle Mulholland regarding Development Application 2010-0039.
The meeting resumed at 4.20 pm.
14B.2 DEVELOPMENT APPLICATION 2010-0039 - MULTIPLE OCCUPANCY
221110/ 4 RESOLVED
Councillor Ross Brown, seconded Councillor Lynette Zito.
That the report Development Application 2010-0039 – Multiple Occupancy was received and noted.
CARRIED
FOR VOTE - Ernie Bennett, Lindsay Passfield, Lynette Zito, Robert Leadbeatter, Ross Brown, Tom Cooper AGAINST VOTE - Robert Dwyer ABSENT. DID NOT VOTE - Janet Wilson, John O’Reilly
Councillor Ross Brown and Councillor Lindsay Passfield called for a division
For Against Cr Lindsay Passfield Cr Robert Dwyer Cr Robert Leadbeatter Cr Ernie Bennett Cr Lynette Zito Cr Ross Brown Cr Tom Cooper
ORDINARY COUNCIL AGENDA 20 December 2010 Page 7
CARRIED
A motion was moved by Councillor Ross Brown, seconded by Councillor Lindsay Passfield.
That the Section 94 contributions payable for Development consent 2010-0039 be based on the following:
• Farm properties >40 ha, very isolated with poor quality access to Kyogle or the nearest regional arterial road, with trips per day to be 2.5 and equivalent tenements of 0.36 x 2. i.e. total payable $16,816.64.
The motion was put to the vote and was CARRIED.
FOR VOTE - Ernie Bennett, Lindsay Passfield, Lynette Zito, Robert Leadbeatter, Ross Brown, Tom Cooper AGAINST VOTE - Robert Dwyer ABSENT. DID NOT VOTE - Janet Wilson, John O’Reilly
Councillor Ross Brown and Councillor Lindsay Passfield called for a division
For Against Cr Lindsay Passfield Cr Robert Dwyer Cr Robert Leadbeatter Cr Ernie Bennett Cr Lynette Zito Cr Ross Brown Cr Tom Cooper
CARRIED
ORDINARY COUNCIL AGENDA 20 December 2010 Page 8
ITEM 10 NOTICES OF MOTION
10.1 NOTICE OF MOTION; CLR LYNETTE ZIT0 - AGED COMMUNITY AND LANDUSE PLANNING
221110/ 5 RESOLVED
Councillor Lynette Zito, seconded Councillor Ross Brown.
1. That Council seek a report regarding the impact of the aged community on land use planning and how to build these needs into the local environmental plan, and 2. The impact on Council’s rates base.
CARRIED FOR VOTE - Unanimous vote ABSENT. DID NOT VOTE - Janet Wilson, John O’Reilly
ITEM 11 QUESTIONS WITH NOTICE FROM COUNCILLORS
11.1 QUESTIONS FROM PREVIOUS COUNCIL MEETING
221110/ 6 RESOLVED
Councillor Lindsay Passfield, seconded Councillor Lynette Zito.
That the responses to Questions from the previous Council meeting were received and noted. CARRIED
FOR VOTE - Unanimous vote ABSENT. DID NOT VOTE - Janet Wilson, John O’Reilly
ITEM 12 DELEGATES REPORTS
Nil.
ORDINARY COUNCIL AGENDA 20 December 2010 Page 9
ITEM 13 INFORMATION PAPERS
13.1 QUARRIES REPORT
221110/ 7 RESOLVED
Councillor Ross Brown, seconded Councillor Lynette Zito.
That the Quarries Report, as amended, was received and noted. CARRIED
FOR VOTE - Unanimous vote ABSENT. DID NOT VOTE - Janet Wilson, John O’Reilly
13.2 PLANT BUDGET REPORT - OCTOBER 2010
221110/ 8 RESOLVED
Councillor Ross Brown, seconded Councillor Lynette Zito.
That the Plant Budget Report was received and noted. CARRIED
FOR VOTE - Unanimous vote ABSENT. DID NOT VOTE - Janet Wilson, John O’Reilly
13.3 WORKS PROGRAM REPORT
A motion was moved by Councillor Ross Brown, seconded Councillor Robert Leadbeatter.
That the Works Program report be received and noted.
A motion was foreshadowed by Councillor Lindsay Passfield
1. That Kyogle Council write to Lismore City Council congratulating it on the completion of the Leycester Hill Black spot project.
ORDINARY COUNCIL AGENDA 20 December 2010 Page 10
2. This achievement resolves a long standing safety issue on this vital link connecting Kyogle to our Regional Centre.
The motion was put to the vote and was CARRIED.
221110/ 9 RESOLVED
Councillor Ross Brown, seconded Councillor Robert Leadbeatter.
That the Works Program report was received and noted.
CARRIED FOR VOTE - Unanimous vote ABSENT. DID NOT VOTE - Janet Wilson, John O’Reilly
A motion was moved by Councillor Lindsay Passfield, seconded by Councillor Robert Leadbeatter.
1. That Kyogle Council write to Lismore City Council congratulating it on the completion of the Leycester Hill Black spot project.
2. This achievement resolves a long standing safety issue on this vital link connecting Kyogle to our Regional Centre.
The motion was put to the vote and was CARRIED.
221110/ 10 RESOLVED
Councillor Lindsay Passfield, seconded Councillor Robert Leadbeatter.
1. That Kyogle Council write to Lismore City Council congratulating it on the completion of the Leycester Hill Black spot project.
2. This achievement resolves a long standing safety issue on this vital link connecting Kyogle to our Regional Centre.
CARRIED
FOR VOTE - Ernie Bennett, Lindsay Passfield, Lynette Zito, Robert Dwyer, Robert Leadbeatter, Tom Cooper AGAINST VOTE - Ross Brown ABSENT. DID NOT VOTE - Janet Wilson, John O’Reilly
ORDINARY COUNCIL AGENDA 20 December 2010 Page 11
13.4 MONTHLY FINANCIAL REPORT
221110/ 11 RESOLVED
Councillor Robert Leadbeatter, seconded Councillor Lynette Zito.
That the Monthly Finance Report was received and noted. CARRIED
FOR VOTE - Unanimous vote ABSENT. DID NOT VOTE - Janet Wilson, John O’Reilly
13.5 WASTE & WATER COMMITTEE MEETING
221110/ 12 RESOLVED
Councillor Lindsay Passfield, seconded Councillor Robert Dwyer.
That the minutes of the Waste & Water Committee meeting held on 9 November, 2010 were received and noted.
CARRIED FOR VOTE - Unanimous vote ABSENT. DID NOT VOTE - Janet Wilson, John O’Reilly
ITEM 14 GENERAL MANAGER ‘S REPORT
ITEM 14A TECHNICAL SERVICES REPORT
14A.1 NAMING OF BRIDGE OVER TOOLOOM CREEK - CLARENCE WAY
221110/ 13 RESOLVED
Councillor Ross Brown, seconded Councillor Lynette Zito.
ORDINARY COUNCIL AGENDA 20 December 2010 Page 12
That the name “Charlotte Page Bridge" was adopted for the bridge over Tooloom Creek on the Clarence Way north of Urbenville.
CARRIED FOR VOTE - Unanimous vote ABSENT. DID NOT VOTE - Janet Wilson, John O’Reilly
A motion was moved by Councillor Lindsay Passfield, seconded by Councillor Ross Brown.
That Council invite Muli Muli Local Aboriginal Land Council, Urbenville Multi Purpose Service, Woodenbong Central School and friends/family of the late Charlotte Page to a naming ceremony.
The motion was put to the vote and was CARRIED.
221110/ 14 RESOLVED
Councillor Lindsay Passfield, seconded Councillor Ross Brown.
That Council invite Muli Muli Local Aboriginal Land Council, Urbenville Multi Purpose Service, Woodenbong Central School and friends/family of the late Charlotte Page to a naming ceremony.
CARRIED FOR VOTE - Unanimous vote ABSENT. DID NOT VOTE - Janet Wilson, John O’Reilly
ITEM 14B PLANNING SERVICES REPORT
14B.1 DEVELOPMENT APPLICATIONS RECEIVED, DETERMINED AND OUTSTANDING FOR THE PERIOD OCTOBER 1, 2010 TO OCTOBER 31, 2010
221110/ 15 RESOLVED
Councillor Ross Brown, seconded Councillor Robert Leadbeatter.
1. That, with the exception of the following items in which Councillor Ross Brown, the General Manager, the Director of Corporate & Community Services and the Director of Planning & Environmental Services have declared an interest,
• Cr Ross Brown 14B.1 Development Applications Received, Determined and Outstanding DA 2009/18
ORDINARY COUNCIL AGENDA 20 December 2010 Page 13
• Cr Tom Cooper 14B.1 Development Applications Received, Determined and Outstanding DA 2011/34
• General Manager 14B.1 Development Applications Received, Determined and Outstanding DA 2011/12 & 2011/07
• Director of Planning & Environmental Services 14B.1 Development Applications Received, Determined and Outstanding DA 2007/188
• Director of Corporate & Community Services 14B.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 1 September 2010 to 30 September 2010 was received and noted. CARRIED FOR VOTE - Unanimous vote ABSENT. DID NOT VOTE - Janet Wilson, John O’Reilly
Having declared an interest in Item 14B.1 Councillor Tom Cooper left the meeting at 5.03 p.m.
A motion was moved by Councillor Lynette Zito, seconded Councillor Robert Leadbeatter.
That Development Application 2011/34 be referred to the Planning & Environment Committee at the appropriate time.
The motion was put to the vote and was CARRIED.
221110/ 16 RESOLVED
Councillor Lynette Zito, seconded Councillor Robert Dwyer.
That Development Application 2011/34 be referred to the Planning & Environment Committee at the appropriate time.
CARRIED
FOR VOTE - Unanimous vote ABSENT. DID NOT VOTE - Janet Wilson, John O’Reilly, Tom Cooper
Having declared an interest in Item 14B.1 Councillor Ross Brown, the General Manager, the Director of Corporate & Community Services and the Director Planning & Environmental Services left the meeting at 5.06 p.m.
ORDINARY COUNCIL AGENDA 20 December 2010 Page 14
221110/ 17 RESOLVED
Councillor Lindsay Passfield, seconded Councillor Lynette Zito.
2. That the information contained in the report Development 1 October 2010 to 31 October 2010 only in relation to DA 11/07, 11/34 07/188, 09/18 in which Councillor Ross Brown, Councillor Tom Cooper, the General Manager, the Director of Corporate & Community Services and the Director Planning & Environmental Services have declared an interest was received and noted.
CARRIED FOR VOTE - Unanimous vote ABSENT. DID NOT VOTE - Janet Wilson, John O’Reilly, Tom Cooper, Ross Brown
Councillor Ross Brown, Councillor Tom Cooper, the General Manager, the Director of Corporate & Community Services and the Director Planning & Environmental Services returned to the meeting at 5.08 p.m.
ITEM 14C ENVIRONMENT SERVICES REPORT
Nil.
ITEM 14D CORPORATE SERVICES REPORT
14D.1 GOVERNANCE COMMITTEE MEETING, 9 NOVEMBER 2010
221110/ 18 RESOLVED
Councillor Lynette Zito, seconded Councillor Ross Brown.
1. That the minutes of the Governance Committee meeting held 9 November 2010, were received and noted. 2. That the General Manager report to Council on the formation of an audit Committee in accordance with the Division of Local Government guidelines. 3. That the General Manager include in the report information about establishing a budget for the internal audit activity as part of the December Budget Review.
CARRIED FOR VOTE - Unanimous vote ABSENT. DID NOT VOTE - Janet Wilson, John O’Reilly
ORDINARY COUNCIL AGENDA 20 December 2010 Page 15
14D.2 DRAFT GOVERNANCE POLICY
A motion was moved by Councillor Lynette Zito, seconded Councillor Tom Cooper.
That the Governance Policy as amended be adopted.
A motion was foreshadowed by Councillor Ross Brown. 1. That Council adopt the amended Draft Governance Policy for the purposes of display. 2. The Draft Governance Policy be placed on public exhibition for a period of 28 days.
The motion was put to the vote and was CARRIED.
221110/ 19 RESOLVED
Councillor Lynette Zito, seconded Councillor Tom Cooper.
That the Governance Policy as amended be adopted.
CARRIED
FOR VOTE - Ernie Bennett, Lindsay Passfield, Lynette Zito, Robert Dwyer, Robert Leadbeatter, Tom Cooper AGAINST VOTE - Ross Brown ABSENT. DID NOT VOTE - Janet Wilson, John O’Reilly
The foreshadowed motion lapsed.
14D.3 REVIEW OF VEHICLE POLICY
A motion was moved by Councillor Ross Brown, seconded Councillor Robert Dwyer.
That the reviewed Vehicle Policy report be received and noted.
The motion was put to the vote and was CARRIED.
ORDINARY COUNCIL AGENDA 20 December 2010 Page 16
221110/ 20 RESOLVED
Councillor Ross Brown, seconded Councillor Robert Dwyer.
That the reviewed Vehicle Policy report was received and noted.
CARRIED FOR VOTE - Unanimous vote ABSENT. DID NOT VOTE - Janet Wilson, John O’Reilly
A motion was moved by Councillor Ross Brown, seconded Councillor Lynette Zito.
That the reviewed Vehicle Policy be adopted.
The motion was put to the vote and was CARRIED.
221110/ 21 RESOLVED
Councillor Ross Brown, seconded Councillor Lynette Zito.
That the reviewed Vehicle Policy was adopted. CARRIED FOR VOTE - Unanimous vote ABSENT. DID NOT VOTE - Janet Wilson, John O’Reilly
A motion was moved by Councillor Ross Brown, seconded Councillor Robert Leadbeatter.
That the Vehicle Policy review Committee be required to meet in six months to review the functionality of the new Vehicle Policy and a further report be provided to Council.
221110/ 22 RESOLVED
Councillor Ross Brown, seconded Councillor Robert Leadbeatter.
That the Vehicle Policy review Committee be required to meet in six months to review the functionality of the new Vehicle Policy and a further report be provided to Council. CARRIED FOR VOTE - Unanimous vote ABSENT. DID NOT VOTE - Janet Wilson, John O’Reilly
ORDINARY COUNCIL AGENDA 20 December 2010 Page 17
14D.4 POLICY ON PAYMENT OF EXPENSES AND PROVISION OF FACILITIES FOR COUNCILLORS
221110/ 23 RESOLVED
Councillor Ross Brown, seconded Councillor Lynette Zito.
That no changes are made to the existing Payment of Expenses and Provision of Facilities Policy for Councillors. CARRIED
FOR VOTE - Unanimous vote ABSENT. DID NOT VOTE - Janet Wilson, John O’Reilly
ITEM 14E COMMUNITY SERVICES REPORT
Nil.
ITEM 14F GENERAL MANAGER'S REPORT
14F.1 OUTSTANDING COUNCIL RESOLUTIONS
221110/ 24 RESOLVED
Councillor Ross Brown, seconded Councillor Lynette Zito.
That the Outstanding Council Resolutions report was received and noted.
CARRIED
FOR VOTE - Unanimous vote ABSENT. DID NOT VOTE - Janet Wilson, John O’Reilly
ORDINARY COUNCIL AGENDA 20 December 2010 Page 18
ITEM 15 URGENT BUSINESS WITHOUT NOTICE
15.1 URGENT BUSINESS WITHOUT NOTICE
221110/ 25 RESOLVED
Councillor Lindsay Passfield, seconded Councillor Robert Leadbeatter.
That the following report/item be considered and determined by Council at this Ordinary Meeting;
• Easement Agreement
The Mayor then ruled the matter of great urgency.
CARRIED
FOR VOTE - Unanimous vote ABSENT. DID NOT VOTE - Janet Wilson, John O’Reilly
ITEM 16 QUESTIONS FOR NEXT ORDINARY MEETING
Nil
ITEM 17 CONFIDENTIAL BUSINESS PAPER
17.1 MOVE INTO CLOSED COUNCIL
Item 17.1 - Easement Agreement
This item is classified CONFIDENTIAL under section 10A(2) (i) 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 that would if disclosed: (g) advice concerning litigation, or advice that would otherwise be privileged
It is not in the public interest and would be contrary to privacy provisions to reveal these details.
Pursuant to section 10A(4), the public were invited to make representations to the council meeting before any part of the meeting is closed, as to whether that part of the meeting should be closed.
ORDINARY COUNCIL AGENDA 20 December 2010 Page 19
221110/ 26 RESOLVED
Councillor Lynette Zito, seconded Councillor Tom Cooper.
1. That Council resolve to move into closed council to consider business identified, together with any late reports tabled at the meeting. 2. That pursuant to section 10A(1)-(3) of the Local Government Act 1993, the media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of section 10A(2) as outlined above. 3. That the correspondence and reports relevant to the subject business be withheld from access to the media and public as required by section 11(2) of the Local Government Act 1993. CARRIED FOR VOTE - Unanimous vote ABSENT. DID NOT VOTE - Janet Wilson, John O’Reilly
Council Closed its meeting at 5.39 p.m. The public and media left the Chamber.
Mr Andrew McInnes from McInnes Legal joined the meeting at 5.40 p.m. to address any questions arising from Item 17.1 – Easement Agreement.
17.2 RESOLUTIONS FROM THE CLOSED MEETING
221110/ 27 RESOLVED
Councillor Ross Brown, seconded Councillor Lindsay Passfield.
That the following resolutions of council while the meeting was closed to the public were read to the meeting by the Chair.
CARRIED
17.3 EASMENT AGREEMENT
1. That the Easement Agreement report was received and noted. 2. That this report be brought back to Council’s Extraordinary meeting to be held 30 November, 2010, for further consideration.
CARRIED FOR VOTE - Unanimous vote ABSENT. DID NOT VOTE - Janet Wilson, John O’Reilly
ORDINARY COUNCIL AGENDA 20 December 2010 Page 20
MEETING CLOSURE
There being no further business the Mayor declared the meeting closed at 6.25 p.m.
ORDINARY COUNCIL AGENDA 20 December 2010 Page 21
9.2 CONFIRMATION OF EXTRAORDINARY MINUTES - 29 NOVEMBER 2010
Kyogle Council
Unconfirmed Minutes of the Extraordinary Meeting held in the Council Chambers, Stratheden Street, Kyogle, on Tuesday 30 November 2010.
PRESENT
Cr. J. Wilson, (Deputy Mayor in the Chair), Cr. R. Brown, Cr. J. O'Reilly, Cr. L. Passfield , Cr. L. Zito, Cr. R. Dwyer, Cr. R. Leadbeatter.
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 Deputy Mayor declared the meeting open at 3.30 p.m.
ELECTION OF CHAIR
The Deputy Mayor vacated the Chair.
Councillors elected Councillor Ross Brown as Chair by open vote.
FOR VOTE - Unanimous vote ABSENT. DID NOT VOTE - Ernie Bennett, Tom Cooper
Councillor Ross Brown assumed the Chair.
ITEM 1 APOLOGIES
Apologies were received from Councillor Ernie Bennett and Councillor Tom Cooper.
301110/ 1 RESOLVED
Moved Councillor Lynette Zito, seconded Councillor Robert Leadbeatter.
That the apologies be accepted and the leave of absences granted. CARRIED FOR VOTE - Unanimous vote
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ABSENT. DID NOT VOTE - Ernie Bennett, Tom Cooper
ITEM 2 OPENING PRAYER
The Chair read the opening prayer.
ITEM 3 TRADITIONAL LANDS ACKNOWLEDGEMENT
The Chair read the traditional lands acknowledgement.
ITEM 4 DECLARATION OF INTERESTS
Nil.
ITEM 5 GENERAL MANAGER ‘S REPORT
5.1 PRESENTATION FROM AUDITORS ON 2009/2010 FINANCIAL STATEMENTS
301110/ 2 RESOLVED
Councillor Lindsay Passfield, seconded Councillor John O'Reilly.
That the Presentation from Council's Auditors Thomas, Noble & Russell on the 2009/2010 Financial Reports were received and noted.
CARRIED FOR VOTE - Unanimous vote ABSENT. DID NOT VOTE - Ernie Bennett, Tom Cooper
5.2 2009/2010 FINANCIAL STATEMENTS
301110/ 3 RESOLVED
Councillor Lindsay Passfield, seconded Councillor Lynette Zito.
That Council:
1. Adopts the 2009/2010 General Purpose Financial Report;
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2. Authorises the Mayor, Deputy Mayor, General Manager and Manager Financial Services (Responsible Accounting Officer) to sign the Financial Statement to the General Purpose Financial Report;
3. Adopts the 2009/2010 Special Purpose Financial Report;
4. Authorises the Mayor, Deputy Mayor, General Manager and Manager Financial Services (Responsible Accounting Officer) to sign the Financial Statement to the Special Purpose Financial Report.
CARRIED FOR VOTE - Unanimous vote ABSENT. DID NOT VOTE - Ernie Bennett, Tom Cooper
A motion was moved by Councillor Ross Brown, seconded Councillor Lynette Zito,
5. That Council makes the management of Employee Leave Entitlements an item to be included in the General Manager’s Review criteria – Part B, and the General Manager provide a report establishing a suitable criteria to the next Council meeting.
The motion was put to the vote and was CARRIED.
301110/ 4 RESOLVED
Councillor Ross Brown, seconded Councillor Lynette Zito.
5. That Council makes the management of Employee Leave Entitlements an item to be included in the General Manager’s Review criteria – Part B, and the General Manager provide a report establishing a suitable criteria to the next Council meeting.
CARRIED FOR VOTE - Unanimous vote ABSENT. DID NOT VOTE - Ernie Bennett, Tom Cooper
5.3 2009/2010 ANNUAL REPORT
301110/ 5 RESOLVED
Councillor Lindsay Passfield, seconded Councillor John O'Reilly.
That the Kyogle Council Annual Report for the 2009/2010 reporting period as amended was adopted. CARRIED
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FOR VOTE - Unanimous vote ABSENT. DID NOT VOTE - Ernie Bennett, Tom Cooper
ITEM 6 URGENT BUSINESS WITHOUT NOTICE
Nil.
ITEM 7 CONFIDENTIAL BUSINESS PAPER
7.01 MOVE INTO CLOSED COUNCIL
Item 17.1 - Easement Agreement
This item is classified CONFIDENTIAL under section 10A(2) (i) 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 that would if disclosed: (g) advice concerning litigation, or advice that would otherwise be privileged
It is not in the public interest and would be contrary to privacy provisions to reveal these details.
Pursuant to section 10A(4), the public were invited to make representations to the council meeting before any part of the meeting is closed, as to whether that part of the meeting should be closed.
301110/ 6 RESOLVED
Councillor Lynette Zito, seconded Councillor Lindsay Passfield.
1. That Council resolve to move into closed council to consider business identified, together with any late reports tabled at the meeting. 2. That pursuant to section 10A(1)-(3) of the Local Government Act 1993, the media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of section 10A(2) as outlined above. 3. That the correspondence and reports relevant to the subject business be withheld from access to the media and public as required by section 11(2) of the Local Government Act 1993. CARRIED
Council Closed its meeting at 4:45 p.m. The public and media left the Chamber.
Mr Andrew McInnes from McInnes Legal joined the meeting at 4.45 p.m. to address any questions arising from Item 7.1 – Easement Agreement.
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7.02 MOVE OUT OF CLOSED COUNCIL
301110/ 7 RESOLVED
Councillor Lindsay Passfield, seconded Councillor Lynette Zito.
That Council move out of Closed Council and into Open Council. CARRIED FOR VOTE - Unanimous vote ABSENT. DID NOT VOTE - Ernie Bennett, Tom Cooper
Open Council resumed at 5.15 p.m.
The following resolution of Council while the meeting was closed to the public was read to the meeting by the Mayor.
7.1 EASEMENT AGREEMENT
That Council authorises the Mayor and the General Manager to enter into negotiations in accordance with the deeds of agreement described in this report along with the associated easements on the terms outlined within the report.
MEETING CLOSURE
There being no further business the Chair declared the meeting closed at 5.16 p.m.
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14.6 FINANCIAL REPORTS - NOVEMBER 2010
Kyogle Council
Financial Reports 30 November, 2010
Rates Statement Statement of Bank Balances Summary of Investments
NOTE: All Financial Data presented is unaudited at the date of presentation to Council
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KYOGLE COUNCIL RATES STATEMENT AS AT 30 NOVEMBER 2010
NET ARREARS CHARGES PAYMENTS OUTSTANDING PERCENTAGE 1-Jul-10 2010 BALANCE COLLECTED
RATES 299,307.46 4,379,323.64 2,539,633.90 2,138,997.20 54.28%
SERVICES 368,098.85 1,739,377.83 1,324,089.78 783,386.90 62.83%
INTEREST 75,088.90 22,019.25 17,626.01 79,482.14 18.15%
TOTALS 742,495.21 6,140,720.72 3,881,349.69 3,001,866.24 56.39%
PRESENTED TO COUNCIL DECEMBER 2010
Note: Some ratepayers have made arrangements, whilst others are at different stages of legal action.
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KYOGLE COUNCIL
STATEMENT OF BANK BALANCES AS AT 30-Nov-10
CLOSING BANK INVESTMENT FUND BALANCE BALANCE 30-Nov-10 30-Nov-10 GENERAL FUND UNRESTRICTED 596,350.24 3,200,000.00 INTERNALLY RESTRICTED 791,937.82 3,500,000.00 STATE HIGHWAYS 1,447,641.89 QUARRIES 448,826.10 PLANT 3,787,645.50 EXTERNALLY RESTRICTED 235,249.55 700,000.00 7,307,651.10 7,400,000.00
RESTRICTED WATER SUPPLIES 916,203.02 SEWERAGE SYSTEMS 780,486.14 500,000.00 DOMESTIC WASTE 374,740.98 ORDINARY TRUST 36,770.71 2,108,200.85 500,000.00
CONSOLIDATED FUNDS 9,415,851.95 7,900,000.00
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KYOGLE COUNCIL SUMMARY OF INVESTMENTS AS AT 30/11/10 RATE DUE BANK TYPE TERM AMOUNT P.A. DATE
1 CITIBANK TERM DEPOSIT 62 DAYS 1,000,000.00 5.49% December 13, 2010 2 BANKWEST TERM DEPOSIT 60 DAYS 1,500,000.00 5.65% January 21, 2011 3 COMMONWEALTH TERM DEPOSIT 92 DAYS 3,000,000.00 5.40% January 25, 2011 4 BANKWEST TERM DEPOSIT 62 DAYS 1,000,000.00 5.65% January 27, 2011 5 SUNCORP METWAY TERM DEPOSIT 91 DAYS 1,400,000.00 6.12% February 28, 2011
7,900,000.00
PRESENTED TO COUNCIL ON DECEMBER 20, 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
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COUNCILLORS TRAVEL EXPENSES Nov-10
COUNCILLORKLMS CLAIMED CURRENT AMT REIMBURSED NAME MONTHS YTD KM RATE MONTH YTD
E Bennett 0 3,364 0.73 0.00 2,455.72 R. Brown 0 0 0.73 0.00 0.00 T. Cooper 0 1,764 0.73 0.00 1,287.72 R. Dwyer 0 0 0.73 0.00 0.00 J. O'Reilly 0 0 0.73 282.00 205.86 R. Leadbeatter 152 152 0.73 110.96 110.96 L. Passfield 698 2,331 0.73 509.54 1,701.63 J. Wilson 0 0 0.73 0.00 0.00 L. Zito 0 0 0.64 0.00 0.00
Total 850 7,611 902.50 5,761.89
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.
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15A.1 SELF HELP PROGRAM POLICY
Kyogle Council
Self Help Program Policy
DOCUMENT CONTROL
For controlled copies of this document the copy number is shown below and initialled in RED by the issuing officer. (Uncontrolled copies are not numbered.)
Controlled Copy No: Issued by: Date:
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SELF HELP PROGRAM
Validity This policy derives its validity from Council’s resolution XXXXXXX
Objective The objective of this policy is to recognise and support the contribution the community can make by providing funds to support Council’s expenditure on upgrading of Council’s assets within the roads network.
Purpose To set guidelines for community contribution towards upgrading of roads and associated infrastructure.
Policy Council will consider applications to carry out projects submitted by any individual, a group of people or businesses for work on Council’s road network, for example, bitumen sealing, construction of footpaths etc, other than works which are or may be required of a developer in conjunction with a Development Application, subject to the following conditions:
1. Application for the work is made by the adjoining landowner/s other residents, commercial or industrial interests.
2. All proposed works must comply with current standards and legislative requirements.
3. Council may contribute up to a maximum of 50% of the final construction cost
4. In assessing the project for approval, and determining its monetary contribution, Council may consider:
a. Location of the works, including road geometry, road classification , road safety and public liability issues.
b. Funding available to meet Council’s contribution.
c. Maintenance implications of the proposed works.
d. Benefits or constraints of the proposed works.
5. All applications received will be considered in conjunction with the following year’s Management Plan and, if approved, the works will be incorporated into the Works Program in that year to suit resources and programming.
6. For budgeting purposes, Council will provide an estimate of cost of the works, including all applicable overheads but not including a profit margin and the applicant is to sign an agreement to pay the agreed % of the estimated cost of the work prior to allocation of funding to the project.
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7. Prior to commencement of construction, Council will provide a fixed price quotation for the project and prepayment by the applicant of the agreed % contribution will be required.
8. Council retains the right to accept or reject any proposal.
9. On completion of the works, ongoing maintenance will be Council’s responsibility.
10. If, within 5 years of completion of the works, a development application, for which the applicant would have been required to fund all of the works undertaken under this policy is lodged, payment of the cost of the works, in excess of the % contribution paid under this policy, will be required of the applicant if the development application is approved.
Budget Council will set an upper limit on Council’s share of the cost of any work to be funded under this policy each year in its Management Plan.
Review Council reserves the right to review, vary or revoke this policy as required.
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15D.3 FUTURES FUNDING APPLICATIONS
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