NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 21 May 2009

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Janet Court

Cr Brian Finlayson

Cr Paula Flack

Cr Mike Moran OAM

Cr Anne Smyth

Cr Elaine South

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Bruce Redman (Director Engineering Services)

Greg Meyers (Director Environment & Planning)

Monika Schuhmacher (Minute Secretary)

 

 

PRAYER

 

Captain John Viles, from the Salvation Army, offered a prayer on behalf of the Nambucca Minister's Association.

 

 

Ordinary Council Meeting

 

SUBJECT:   DISCLOSURE OF INTEREST

 

There were no disclosures of interest.

 

 

 

SUBJECT:   CONFIRMATION OF MINUTES - ORDINARY Meeting of  Council 7 May 2009

1250/09/09 RESOLVED:   (Moran/South)

 

That the minutes of the Ordinary Meeting of  Council of 7 May 2009 be confirmed.

 

 

 

 

 


NOTICE OF MOTION – CR Hoban

ITEM 5.1      SF1269              210509      Notice of Motion - Macksville Traffic Bridge

1251/09 RESOLVED:       (Hoban/Flack)

 

1        That Council note the correspondence between the Mayor and the Parliamentary Secretary for Roads relating to Macksville Traffic Bridge.

 

2        That Council write to the Parliamentary Secretary for Roads, seeking an assurance that in its current condition the Macksville Traffic Bridge will cope with future traffic flows until it is bypassed by the Highway Upgrade.

 

3        That Council request the Parliamentary Secretary for Roads provide Council’s Engineering Department with a copy of their most recent reports on the structural integrity of Macksville Traffic Bridge.


NOTICE OF MOTION – CR Smyth - LATE

ITEM 0.0      SF1269              210509      Notice of Motion - Cr Smyth - Request for Leave 29 May 2009 to 3 June 2009

1252/09 RESOLVED:       (Smyth/Flack)

 

That Cr Anne Smyth be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 29 May 2009 to 3 June 2009 inclusive.

 

 

 

 


DELEGATIONS

 

There were no delegations.

 

 

 


ASKING OF QUESTIONS WITH NOTICE

 

There were no Questions With Notice.

 

 

 


QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

There were no Questions for Closed Meeting where due notice has been received.

 

 

 


1253/09 Resolved:       (Moran/Ainsworth)

 

That Council bring Item 11.2 forward as there are interested members of the public in the public gallery.

 

 

 

ITEM 11.2    PRF11                210509      Buz Brazel Park - Review of Plan of Management

Motion:      (Court/South)

 

1               That Council adopt the exhibited Plan of Management for Buz Brazel Park, Scotts Head including additional species Allocasurina littoralis (oak), Allocasurina torulousa (forest oak) and Corymbia intermedia (pink bloodwood).

 

2       That Council approve the further development of Buz Brazel Park in accordance with the Plan of Management as permitted under the State Environmental Policy (Infrastructure 2007).

 

3       That the development be in accordance with the major and secondary recommendations of the Environmental Assessment by Darkheart Eco-Consultancy.

 

4       That no further impact on the bushland for sporting purposes occur with Council assisting in the formation of a Landcare Group by zoning for Environmental Management.

 

 

Amendment:       (Flack/Smyth)

 

That the Plan of Management be amended to allow for a practice area in the north east corner that does not allow clearing of the endangered ecological community on the eastern side.

 

The amendment was LOST.

 

The motion upon being put was carried and it was:

 

1254/09 Resolved:       (Court/South)

 

1        That Council adopt the exhibited Plan of Management for Buz Brazel Park, Scotts Head including additional species Allocasurina littoralis (oak), Allocasurina torulousa (forest oak) and Corymbia intermedia (pink bloodwood).

 

2       That Council approve the further development of Buz Brazel Park in accordance with the Plan of Management as permitted under the State Environmental Policy (Infrastructure 2007).

 

3       That the development be in accordance with the major and secondary recommendations of the Environmental Assessment by Darkheart Eco-Consultancy.

 

4       That no further impact on the bushland for sporting purposes occur with Council assisting in the formation of a Landcare Group by zoning for Environmental Management.

 

Note:  Cr Flack and Cr Smyth requested that their votes be recorded as against this resolution as they are opposed to the clearing of an endangered ecological community.

 

 

 


   

General Manager Report

ITEM 9.1      SF959                210509      Outstanding Actions and Reports March 2009

1255/09 Resolved:       (Ainsworth/Ballangarry)

 

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

 

1256/09 Resolved:       (Flack/Finlayson)

 

That Council write to GHD regarding the Riverside Drive stability report and ask that it be completed in time for Council’s General Purpose Committee meeting in June 2009.

 

 

ITEM 9.2      SF338                210509      Tewinga Community Centre - Special General Meeting - 23 April 2009

1257/09 Resolved:       (Moran/Court)

 

1        That Council endorse the new Committee of Management for the Tewinga Community Centre and thank the outgoing Committee for their work in to date.

 

2        That Council forwards a special letter of thanks to Mr Barry Swan for his tireless work on the Committee of Management over the past 30 years.

 

 


 


ITEM 9.3      SF545                210509      Reclassification of Unused Land - Coronation Park, Nambucca Heads

Motion:      (Ainsworth/South)

 

1        That Council proceed with draft Local Environmental Plan Amendment No. 42 to rezone the identified section of Coronation Park as Residential 2(a) – Low/Medium Density and refer the draft Local Environmental Plan together with the findings of the Public Hearing to the Minister for Planning and/or the Minister for Local Government for final gazettal.

 

2        That Council provide a written undertaking to the Coronation Park Committee of Management that all proceeds from the sale of the land will be expended on agreed improvements to Coronation Park.

 

3        That upon reclassification of the land that its sale be by auction with a reserve price to be fixed by the average of two valuations and that Council’s seal be attached to documents as required.

 

Amendment:       (Moran/Ainsworth)

 

That Council get costings before this item is further considered.

 

The amendment was LOST.

 

The motion upon being put was carried and it was:

 

1258/09 Resolved:       (Ainsworth/South)

 

1        That Council proceed with draft Local Environmental Plan Amendment No. 42 to rezone the identified section of Coronation Park as Residential 2(a) – Low/Medium Density and refer the draft Local Environmental Plan together with the findings of the Public Hearing to the Minister for Planning and/or the Minister for Local Government for final gazettal.

 

2        That Council provide a written undertaking to the Coronation Park Committee of Management that all proceeds from the sale of the land will be expended on agreed improvements to Coronation Park.

 

3        That upon reclassification of the land that its sale be by auction with a reserve price to be fixed by the average of two valuations and that Council’s seal be attached to documents as required.

 

 

Note:  Cr Flack and Cr Moran requested that their votes be recorded as against this resolution.

 

 

 

 


ITEM 9.4      SF332                210509      Annual General Meeting - Scotts Head Tennis Club - 7 April 2009

1259/09 Resolved:       (Court/Ainsworth)

 

That Council endorse the Committee of Management for the Scotts Head tennis Club Inc for 2008/2009 and thank the outgoing Committee for their work in 2007/2008.

 

 

 


 


ITEM 9.5      SF1326              210509      Section 94 - Surf Club - Training Equipment

1260/09 RESOLVED:       (Court/Ainsworth)

 

That Council endorse the Macksville Scotts Head Surf Life Saving Club’s request to, from Section 94 funds, purchase one Data Projector and one Radio in lieu of one inflatable rescue boat engine.

 

 

 

 


ITEM 9.6      SF63                  210509      Goods and Services Tax Certificate

1261/09 RESOLVED:       (Moran/South)

 

That the Mayor, one other Councillor, the General Manager and Responsible Accounting Officer be authorised to sign the Goods and Services Tax Certificate required by the Department of Local Government.

 

 

 

 


ITEM 9.7      SF394                210509      Report on Investments to 30 April 2009

1262/09 RESOLVED:       (Moran/Ainsworth)

 

That the Accountants’ Report on Investments placed to 30 April 2009 be noted.

 

 

 

 


ITEM 9.8      SF848                210509      Write-Off of Rates and Charges - Lot 5 DP 755538

1263/09 RESOLVED:       (Court/Moran)

 

That Council write-off rates and charges levied on Lot 5 DP 879153 as the original intention noted on the plan was to transfer this parcel to the Crown for Public Recreation in 1998.

 

 

 

 


Director Environment and Planning Report

ITEM 10.1    SF1261              210509      DEP Applications and Statistical Reports July 2008-April 2009, 2002-2009 and Certificates Received 2004-2009

1264/09 RESOLVED:       (Ainsworth/Ballangarry)

 

1          That Council note development application statistics and processing times for July 2008-April 2009 compared with July 2007-April 2008.

 

2          That Council note development application statistics and processing times for the years 2002 to 2009.

 

 

3          That Council note the statistical breakdown of development applications thus far for the financial year 1 July 2008-30 April 2009.

 

4          That Council note the statistical information for Certificates received by Council for 2004-2009.

 

 

 

 


ITEM 10.2    SF1148              210509      Contract Regulatory Officer's Report - April 2009

1265/09 RESOLVED:       (Moran/Ballangarry)

 

That the report from the Contract Regulatory Officer for March 2009 be received and noted by Council.

 

 

 

 


ITEM 10.3    SF1261              210509      Outstanding DA's >12 months, applications where submissions received & not determined 7 May 2009

1266/09 RESOLVED:       (Ainsworth/Moran)

 

1          That the list of outstanding development applications (at least 12 months old) and applications received, be noted and received for information by Council.

 

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

 

1267/09 Resolved:       (Flack/Smyth)

 

That DA2009/128 come to Council for determination.

 

1268/09 Resolved:       (Moran/Ainsworth)

 

That Council undertake an onsite inspection of DA2009/127 at a General Purpose Committee meeting once the plans have been finalised.

 

 

 

 


ITEM 10.4    SF779                210509      School Holiday Program - April 2009 Report

1269/09 RESOLVED:       (Flack/Moran)

 

That Council note the major success of the April 2009 School Holiday Activities which were conducted by Nambucca Shire Council Youth Services.

 

 

 


 


ITEM 10.5    SF283                210509      Minutes of Access Committee Meeting 28 April 2009

1270/09 RESOLVED:       (Flack/Ballangarry)

 

1          That the Nambucca Shire Council Disability Action Plan be adopted and submitted to the Australian Human Rights Commission pursuant to Section 64 of the Disability Discrimination Act.

 

2          That Council note the information regarding the opening hours at Macksville Memorial Pool (including the Hydrotherapy Pool) in the light of possible changed arrangements as part of a new lease from 1 July 2009.

 

3          That the matter of traffic congestion and pedestrian safety at the pedestrian refuge in Bowra Street Nambucca Heads (on the south side of the Post Office), be referred to the Nambucca Shire Council Traffic Committee, for its consideration regarding possible changes to the area to address parking arrangements which reduce pedestrian visibility and which create restricted access by through traffic.

 

4          That the remaining minutes of the Access Committee meeting held on 28 April 2009 be noted.

 

 

 

 


ITEM 10.6    SF281                210509      Youth Week 2009

1271/09 RESOLVED:       (Flack/Smyth)

 

That Council note the Report on Youth Week 2009 for information.

 

 

 

 

 


Director Environment and Planning Report - LATE

ITEM 10.7    SF1126              210509      Report on the Minutes of the Nambucca River Estuary and Coastline Management Committee Meeting held on 13 May 2009

1272/09 RESOLVED:       (Flack/Court)

 

That Council endorse the recommendations from the Nambucca River Estuary and Coastline Management Committee meeting held on Wednesday, 13 May 2009.

 

 

 

 


 


Director Engineering Services Report

ITEM 11.1    SF85                  210509      Lower North Coast Zone Liaison Committee - Rural Fire Service (RFS)

1273/09 RESOLVED:       (Ainsworth/Moran)

 

That Council note for information the Minutes of the Lower North Coast Zone Liaison Committee held on the 2 April 2009.

 

 

 


Item 11.2 was dealt with at the beginning of the meeting as there were interested members of the public in the gallery.

 

 

 

 


ITEM 11.3    SF452                210509      Nambucca Valley Waste Management Facility - Greenwaste Report

1274/09 RESOLVED:       (Moran/Ainsworth)

 

That Council install a 33 cubic metre bulk bin in the transfer station to receive greenwaste material delivered by sedans, station wagons, utilities and trailers with commercial quantities directed to the Biomass plant in Coffs Harbour.

 

 

  

General Purpose Committee REPORT

ITEM 8.1           SF820            210509      Quarterly Performance Review - 31 March 2009 (Item 8.1 in the General Purpose Committee)

1275/09 Resolved:       (Moran/Finlayson)

 

1        That Council note the extent to which the Performance Targets have been achieved for the quarter to 31 March 2009.

 

1276/09 Resolved:       (Flack/Court)

 

2        That the draft tree planting program for 2009/2010 be referred to Council for its consideration.

 

ITEM 8.2           SF1207          210509      Section 94 Developer Contributions:  Bellwood Local Roads and Traffic Contribution Plan 2009 (Item 8.2 in the General Purpose Committee)

1277/09 RESOLVED:       (Finlayson/Ainsworth)

 

That Council endorse the Draft Bellwood Local Roads and Traffic Infrastructure Developer Contribution Plan 2009 for public exhibition for a period of 28 days.

 

 


 


ITEM 9.1           SF226            210509      Report on Draft Strategic Companion Animals Management Plan (Item 9.1 in the General Purpose Committee)

1278/09 RESOLVED:       (Court/South)

 

1          The draft Companion Animal Management Plan be placed on public exhibition for a period of twenty eight (28) days with a forty two (42) day period for the receipt of public submissions.

 

2          The draft plan be placed on Council’s website during the exhibition period and a copy be made available at each of the local libraries for public access.

 

 

ITEM 9.2           DA2007/244   210509      Report on Development Application 2007/244  (Item 9.2 in the General Purpose Committee)

1279/09 Resolved:       (Court/Ainsworth)

 

1        That Council note the inspection.

 

2        That Council note that staff are currently pursuing the rectification of footpath damage by the applicants/contractors in the Shire.

 

3        That the following matters, including a consideration of alternatives, be subject to a report to a future General Purpose Committee meeting of Council:

 

a)   That Council make a submission to the Nambucca Shire Council 2009 – 2014 Draft Management Plan to reintroduce the requirement for the payment of Gutter and Footpath bonds where applicable, with the bonds being $750 each.

 

b)   That Council require the lodgement and approval of Section 138 applications for all new developments and also where work will be required within the road reserve.

 

c)   That Council amend its footpath specification where it is proposed to be installed with roll over kerb to require a minimum of F72 reinforcing mesh with 100mm thick concrete paving on a consolidated base.

 

d)   That Council note the concerns of the Developer in regard to the drainage pits and lines associated with the "cut" and that a Cash Bond or Bank Guarantee covering Council estimated costs to do the works will be accepted as compliance with condition 14 of Development Consent for DA 2007/244.

 

e)   That Council receive a bond from the developer for footpath construction with the construction not to occur until after the majority of houses have been built.

 

 

 


 


ITEM 9.3           SF1231          210509      Draft Approvals Policy - Use of Road Reserves & Public Land for Commercial, Community & Charitable Activities (Item 9.3 in the General Purpose Committee)

 

1280/09 Resolved:       (Ainsworth/Court)

 

That the matter be deferred for two months to provide for consideration of Items 1—6 in the letter from the Macksville & District Chamber of Commerce and Industry Inc.  Further, that during the period of deferral there be a meeting of the working party convened outside normal business hours to discuss the matter.

 

 

 

 


ITEM 10.1         SF614            210509      Integrated Water Cycle Management (IWCM) Draft Strategy Study Report (Item 10.1 in the General Purpose Committee)

1281/09 Resolved:       (Hoban/Court)

 

1        That Council endorse the Daft IWCM Strategy Report for public exhibition for the required 28 day period with 42 days being provided for the lodgement of submissions.

 

2        That all feedback received during the exhibition period be recorded and forwarded to the Department of Commerce for comment and assessment for consideration prior to finalising the IWCM Strategy Report. 

 

3        That Council authorise a media release to inform the community that the Draft IWCM Strategy Report is completed and on public exhibition.

 

4        That Council seek a costing on options for Department of Commerce staff to provide a question and answer forum for residents close to the beginning of the public exhibition.

 

Note:  Cr Moran requested that his vote be recorded as against this recommendation as he doesn’t believe the community can afford the costs.

 

1282/09 Resolved:       (Finlayson/Court)

 

5        That Council send out by special notification or with the next mail-out of rate notices, a brochure summarising the findings of the IWCM Report; the likely costs to ratepayers if the Report is adopted and highlighting that the primary objective of the dam—to achieve drought security.

 

 

ITEM 10.2         SF452            210509      Nambucca Waste Management Facility - Leachate Interception Trench (Item 10.2 in the General Purpose Committee)

1283/09 Resolved:       (Ainsworth/South)

 

1        That Council note the presentation by Richard Green (Enginuity Design) on the background investigation on leachate management on the old landfill site.

 

2        That Council seek from the State Minister for the Environment acceptance that the sampling data for the old landfill annual returns and leachate discharges over a period of time indicate that the down stream impacts to the environment are minimal and that the re-installation of the leachate interception trench is not justifiable.

 

1284/09 Resolved:       (Court/Flack)

 

3        That Council consider the provision of additional bores at the landfill with a report to come to Council on the cost for installation and monitoring and the recommendation as to whether they are required.

 

 

 

 


Motion:      (Ainsworth/Moran)

 

That Council move into Closed Meeting, the time being 7.43 pm.

 

Amendment:       (Court/Flack)

 

That Council deal with Questions Without Notice before moving into Closed Meeting.

 

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

 

1285/09 Resolved:       (Court/Flack)

 

That Council deal with Questions Without Notice before moving into Closed Meeting.

 

 

 

 

 


ASKING OF QUESTIONS WITHOUT NOTICE

 

QWN255/09 - Cr. Michael Moran - Question Without Notice - Work for the Dole or Council Staff - Coronation Park, Nambucca Heads (Ref SF1343)

Cr Moran requested the Director Engineering Services if he could make a public statement that the people working at Coronation Park, Nambucca Heads are not Council staff but rather Work for the Dole people, as members of the public perceive the workers as lazy Council staff and Council is receiving flack over it.

 

 

 

 


QWN256/09 - Cr. Michael Moran - Question Without Notice - Thistle Park - Thank You to Ray Hadley (Ref SF1343)

In a question from Cr Moran regarding Council thanking Ray Hadley as a matter of good will for his coverage of Thistle Park, the General Manager advised that this should be postponed until the matter with the Department of Education has been finalised.

 

 

 


QWN257/09 - Cr. Elaine South - Question Without Notice – Landslips (Ref SF1343)

In a question regarding the landslip at Missabotti, Cr South enquired if Council can verify where the slip started coming from ie from water above the slip area or water eroding the slip area from below.

 

The Director Engineering Services advised that slips can be caused from both above and below, and cannot be generalised.

 

 

 

 

 


QWN258/09 - Cr. Elaine South - Questions Without Notice - Flood Damage - Gravel Deposited onto Pastures (Ref SF1343)

Cr South enquired as to where property owners stand when huge amounts of gravel is deposited in their pastures as a result of flooding.

 

The Director Environment and Planning advised that farmers cannot sell the gravel as this would be deemed as having an extractive industry.  However, it can be moved to other parts of their property if it is not flood plain.

 

 

 

 

   

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

1286/09 RESOLVED:       (Court/Ainsworth)

 

1       That Council consider any written representations from the public as to why the Meeting should not be Closed to the public.

 

2        That Council move into Closed Meeting to discuss the matters for the reason(s) listed above.

 

Reason reports are in Closed Meeting:

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    11578/2009         210509      Sale of Macksville East Public School site - Thistle Park

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

 

 


 


CLOSED MEETING

 

Resolved: (Court/Ainsworth)

 

That Ordinary Council Meeting move into CLOSED MEETING at 6.50 pm.

 

 

 

 

 

 


RESUME IN OPEN MEETING

1287/09 RESOLVED:       (Moran/Ainsworth)

 

That Ordinary Council Meeting resume in OPEN MEETING. The Ordinary Council Meeting resumed IN OPEN MEETING at 7.13 pm

 

 

 

 

 


FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 11.1         SF755            210509      Tender T004/2009 - Amenity Building/s at Coronation Park, Nambucca Heads (Item 11.1 in the General Purpose Committee)

1288/09 RESOLVED:       (Hoban/Ainsworth)

 

1        That Council accept the tender of A & A Landmark Constructions Pty Ltd for the tendered amount as per the report for the design and construction of Amenity Building/s (1 & 2) at Coronation Park, Nambucca Heads, subject to building 1 being in accordance with the amended plan and the tenderer accepting its construction for the same overall quoted cost.

 

2        That Council remove $50,000 from the budget being the provision for demolition of the old amenities and kiosk building.

 

Note:  Cr Moran requested that his vote be recorded as against this recommendation as Council could not afford it.

 

 

 

 


 


FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    11578/2009         210509      Sale of Macksville East Public School site - Thistle Park

1289/09 RESOLVED:       (Hoban/Ainsworth)

 

1       Council forward an immediate offer to purchase the land based on its value as 1(a2) flood liable high hazard storage agricultural land without a swelling entitlement.

 

2       In the event that Council is successful in acquiring the land, Council advise the Nambucca District Cricket Association that Council will lease them the use of the land at a nominal rental, subject to them being responsible for all insurances and maintenance.

 

3        If the land is acquired then it be classified as operational.

 

 

 

 


 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.15 pm. 

 

Confirmed and signed by the Mayor on 4 June 2009.

 

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)