NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 03 September 2009 COMMENCING AT 5.30 PM

 

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)

Lorraine Hemsworth (Minute Secretary)

 

PRAYER

 

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

 

Ordinary Council Meeting

 

SUBJECT:   DISCLOSURE OF INTEREST

 

Councillor R Hoban declared a Pecuniary interest in Item 10.11 Reconsideration of Report on conditions of consent for DA 2009/113 and DA 2009/119 under the Local Government Act, as family members own land on either side of Smith’s Lane and this may be advantaged/disadvantaged by Council’s decision.  Councillor Hoban left the meeting for the duration of this item.

 

Councillor M Moran declared a Pecuniary interest in Item 10.11 Reconsideration of Report on conditions of consent for DA 2009/113 and DA 2009/119, under the Local Government Act, as he has worked for one of the applicants.  Councillor Moran left the meeting for the duration of this item.

 

Councillor M Moran declared a Non Pecuniary- Significant Conflict of interest in Item 11.1 – Road Naming – Provost Lane, Little Mary Lane, Centra Park Street and Fairway Cove, Macksville under the Local Government Act, as he was Executor to the Provost Estate.

 

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 20 August 2009

1506/09 RESOLVED:                 (Moran/Flack)

 

That the minutes of the Ordinary Council Meeting of 20 August 2009

 

 

 


NOTICE OF MOTION - CR Moran OAM

ITEM 5.1      SF1269              030909      Notice of Motion - Blackrock Investment

1507/09 RESOLVED:       (Moran/South)

 

That Council Finance staff ask Grove Investment Advisors to explain to Council how Blackrock Finance US can buy out Barclay Bank when they were unable to honour Council's investment which resulted in a capital and interest loss to our portfolio.

 

1508/09 RESOLVED:       (Hoban/Court)

 

That Council note the response by the General Manager that has been included in this report.

 

 


NOTICE OF MOTION - CR Smyth

ITEM 5.2      SF1269              030909      Notice of Motion - Leave of Absence - Cr Anne Smyth

 THIS MOTION WAS WITHDRAWN

 

That Cr Anne Smyth be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 25 August 2009 to 8 September 2009 inclusive.

 

NOTICE OF MOTION - CR Moran OAM

ITEM 5.3      SF1407              030909      Notice of Motion - Climate Change - Cost to Ratepayers

MOTION:      (Moran/South)

 

That Council conducts a referendum or survey to see how much of ratepayers money should be spent on Climate Change.

 

Amendment:       (Hoban/Moran)

 

That when Council next conducts a ratepayer survey questions be posed to ascertain what importance ratepayers attach to Climate Change and what expenditure priority should be attached to Climate Change action.

 

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

 

1509/09 Resolved:       (Hoban/Moran)

 

That when Council next conducts a ratepayer survey questions be posed to ascertain what importance ratepayers attach to Climate Change and what expenditure priority should be attached to Climate Change action.

 

 

 


NOTICE OF MOTION - CR Moran OAM

ITEM 5.4      SF1407              030909      Notice of Motion - Cost of Fill

1510/09 RESOLVED:       (Moran/South)

 

That Council receive a report on the cost of carting fill.

 

 



NOTICE OF MOTION - CR Ballangarry OAM - LATE

ITEM 5.5      SF1269              030909      Notice of Motion - Leave of Absence - 8 to 10 September 2009 and  21 to 27 September 2009

1511/09 RESOLVED:       (Ballangarry/Flack)

 

That Cr Martin Ballangarry OAM be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 8 to 10 September and 21 to 27 September 2009 inclusive.

 

 

 


NOTICE OF MOTION - CR Hoban - LATE

ITEM 5.6      SF650                030909      Notice of Motion - Support for One Association to Represent Local Government

1512/09 RESOLVED:       (Hoban/Moran)

 

That Council support the proposal for one Association to represent Local Government in New South Wales.

 

 


  

DELEGATIONS

1513/09 RESOLVED:       Flack/Ainsworth

 

That the following delegations be heard:

 

ITEM 10.8    DA 2008/269          030909         Further Report on DA 2008/269 Deck, Garage & Internal Alterations/Change of use to Residential - 48 High Street, Bowraville

                   i)        Ms Debra Neal

 

ITEM 10.11  DA 2009/113          030909         Reconsideration of Report on conditions of consent for DA 2009/113 and DA 2009/119

                   i)        Mr Tony Smith—Landowner

                   ii)       Mr Peter Turnbull—Landowner

 

 

 


Ms Debra Neal addressed Council making the following points:

 

·                Have read email addressed to Mr Meyers?  The Mayor advised that it has been distributed to all Councillors

·                Any questions

·                DEP advised what has to be done regarding Noise levels


DELEGATIONS continued

 

ITEM 10.8    DA2008/269        030909      Further Report on DA 2008/269 Deck, Garage & Internal Alterations/Change of use to Residential - 48 High Street, Bowraville

1514/09 RESOLVED:       (Flack/Ballangarry)

 

That the Further Report on DA 2008/269 Deck, Garage & Internal Alterations/Change of use to Residential - 48 High Street, Bowraville be deferred for a report on conditions for a staged consent.

 

 


Mayor R Hoban and Cr M Moran left the meeting at the commencement of Item 10.11 at 5.59 pm with the Deputy Mayor, Cr J Ainsworth taking the Chair.  Mayor R Hoban and Cr M Moran returned at the conclusion of the Item at 6.13 pm and the Mayor resumed the Chair.

 

Mr Tony Smith addressed Council and spoke to a prepared paper which is on file.

 

Mr Peter Turnbull addressed Council spoke to a prepared paper which is on file.

 

ITEM 10.11   DA2009/113        030909      Reconsideration of Report on conditions of consent for DA 2009/113 and DA 2009/119

1515/09 RESOLVED:       (Court/Flack)

 

1          That Council advise both of the applicants for DA 2009/113 and DA 2009/119 that Council is prepared to consider a reduced standard of upgrading of Smith's Lane to a single lane standard and that they should each submit a Section 96 Modification application.

 

2          That Council advise the two applicants that should they not be prepared to share the full costs of upgrading Smiths Lane to a reduced standard and propose to submit a Voluntary Planning Agreement (VPR) or other form of contribution, that they seek their own legal advice as to whether they can submit a VPA with a Section 96 Modification application.

 

3          In the event that Council proceeds with recommendations 1 and 2 above Council seek its own legal advice in regard to accepting a Voluntary Planning Agreement with a Section 96 Modification application, or if a VPA is not submitted whether Council would have to advertise any financial benefit to a local developer if only partial contribution towards the upgrade of Smiths Lane is proposed.

 

 

 

 


GENERAL MANAGERS REPORT

ITEM 9.1      SF959                030909      Outstanding Actions and Reports

1516/09 RESOLVED:       (Court/Flack)

 

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

 

 


 


ITEM 9.2      SF1120              030909      Grant Application Status Report - 3 September 2009

1517/09 RESOLVED:       (Ainsworth/Moran)

 

That the list of grant programs and their status to 19 August 2009 be received.

 

 

 


ITEM 9.3      SF312                030909      Gordon Park Rainforest Walks - Committee of Management - Annual General Meeting - 13 August 2009

1518/09 RESOLVED:       (Flack/Court)

 

That Council endorse the Committee of Management for the Gordon Park Rainforest Walks and thank the outgoing Committee for their work in the past twelve months.

 

 

 


ITEM 9.4      SF302                030909      Bowraville Community Pre School Section 355 Committee of Management - Dissolution of Committee

1519/09 RESOLVED:       (Flack/Ballangarry)

 

1          That Council acknowledge and accept the dissolution of the Bowraville Community Pre School section 355 Committee of Management.

 

2          That Council write to the Bowraville Community Pre School Inc advising of the dissolution of the Bowraville Community Pre School Committee of Management and thanking them for their efforts and good governance as a Committee of Management over the last 23 years.

 

 

 


ITEM 9.5      SF1102              030909      Draft Integrated Water Cycle Management (IWCM) Strategy – Grant Status

1520/09 RESOLVED:       (Moran/Court)

 

1        That the information concerning the meeting with the Hon. Peter Garret AM MP, Minister for       the Environment, Heritage and the Arts be received.

 

2        That the information concerning the sensitivity analysis on rates and charges of a $20m     grant from the Australian Government be received.

 

 


 


ITEM 9.6      SF544                030909      Section 94 Work Program

1521/09 RESOLVED:       (Flack/Finlayson)

 

That Council note the review of the contribution plan for off street parking will be undertaken as a component of the Nambucca Road Infrastructure Contribution Plan, work on which is scheduled to commence in September 2009 and be completed by May 2010.

 

 

 


General Manager Report - LATE

ITEM 9.7      SF1412              030909      Classification of Land - Thistle Park

MOTION:               (Flack/Court)

 

1          That Council, pursuant to s 372 of the Local Government Act 21993, RESCIND the resolution numbered 2 in resolution 1372/2009 dated 2 July 2009.

 

2                     That Council classify the land known as Thistle Park comprising Auto consul 9647-13 and Folio Identifiers 12/A/11590, 1/122896, 1/122898, 1/729696 as Community Land upon registration of the Transfer

 

Amendment:       (Finlayson/Ainsworth)

 

That the General Manager write to the Minister for Education and Training and advise that Council is not in favour of land known as Thistle Park being classified as Community Land and seek an explanation

 

 

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

 

1522/09  RESOLVED:      (Finlayson/Ainsworth)

 

That the General Manager write to the Minister for Education and Training and advise that Council is not in favour of land known as Thistle Park being classified as Community Land and seek an explanation.

 

 

 


Director Environment and Planning Report

ITEM 10.1    SF1261              030909      Outstanding DA's >12 months, applications where submissions received & not determined 21 August 2009

1523/09 RESOLVED:       (Moran/Court)

 

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.

 

 


 


ITEM 10.2    SF1261              030909      DA's and CDC's Received and Determined under Delegated Authority to 10-24 August 2009

1524/09 RESOLVED:       (Moran/Finlayson)

 

That Council note the Development Applications/Complying Development Applications received and determined under delegated authority.

 

 

 


ITEM 10.3    SF1184              030909      Report on Successful Funding Applications - Floodplain Management & Coastal Hazard Management

1525/09 RESOLVED:       (Flack/Ainsworth)

 

1          That Council formally accept the offer of funding of $110,000 from the Department of Environment and Climate Change under the State Floodplain Management Program and the General Manager be authorised to sign all document relating to the Deed of Agreement.

 

2          That Council formally accept the offer of funding of $15,000 from the Department of Environment and Climate Change under the State Coastal Management Program and the General Manager be authorised to sign all document relating to the Deed of Agreement.

 

3          That Council now proceed to acquire firm Tenders for the provision of LiDAR data sets for the Nambucca Coastal and Floodplain Areas being the entire coastal strip and inland to 15km with the General Manager being authorised to approve the Specifications and Tender Documents.

 

3         That the General Manager be authorised to formally request a contribution of $19,000 towards the acquisition of LiDAR data sets from the proponents of the Valla Growth Area proposal.

 

Note:  Cr Moran requested his vote be recorded against the resolution as he does not believe in it.

 

 

 


ITEM 10.4    SF1391              030909      Report on successful Planning Reform Funding application

1526/09 RESOLVED:       (Court/Finlayson)

 

That Council note the successful application under Round 6 of the Planning Reform Funding and that the General Manager be authorised to finalise and sign the funding agreement.

 

 


 


ITEM 10.5    SF1014              030909      Report on Community Sharp Grant Program to Install Bins

1527/09 RESOLVED:       (Flack/Ainsworth)

 

1          That Council endorse the joint grant application for the installation of three (3) additional community sharps bins to be located within Nambucca Heads, Bowraville and Macksville and combined Television promotional campaign.

 

2          That Council accept the lead agency role in administering the grant funds.

 

3          That an additional vote of $450 be provided to the Health Services Sundry Expenses account at the first quarterly budget review.

 

 

 


ITEM 10.6    SF1398              030909      Report on Changes to the Area Assistance Scheme funding program

1528/09 RESOLVED:       (Flack/Court)

 

That Council note the changes being implemented in regard to the Area Assistance Scheme, including the name change to COMMUNITY Builders Funding Program.

 

 

 


ITEM 10.7    SF799                030909      Report regarding Seniors Week 2010 Proposed Event and Application for Funding

1529/09 RESOLVED:       (Flack/Ainsworth)

 

That Council endorse "It's On For Young And Old" proposed for Wednesday 24 March 2010 at Bowraville Central School, Bowraville as a Seniors Week event and that an application for funding be submitted.

 

 

 


Item 10.8 was dealt with under Delegations.

 

 


 


ITEM 10.9    DA2009/195        030909      Report on DA 2009/195 - Two (2) lot subdivision of Part of E J Biffin Playing Fields

1530/09 RESOLVED:       (Moran/Court)

 

1           That Council determine DA 2009/159 for a two (2) lot subdivision by the granting of “deferred commencement” consent subject to conditions attached to this report and including any minor changes to the consent made under the delegated authority, as authorised by the Director of Environment and Planning:

 

2           That all persons who made submissions relating to the development application be advised of Council’s decision.

 

FOR the Motion:  Councillors Hoban, Ainsworth, Ballangarry, Court, Flack, Moran, Smyth, South                              (Total 8)

AGAINST the Motion:  Councillor Finlayson (Total 1)

 

NoteCr Finlayson wished his vote be recorded against because of proliferation of a single use activities.

 

 


ITEM 10.10   SF1406              030909      Report of the Establishment of the Joint Regional Planning Panels for Nambucca Shire

MOTION:      (Ainsworth/Moran)

 

1          That Council note the report on the Joint Regional Planning Panel.

 

2                    That Council nominate the Nambucca Shire Council General Manager as an alternative representative to the Joint Regional Planning Panel in the event that either one of the nominated representatives are unable to attend.

 

Amendment:       (Flack/Ainsworth)

 

1          That Council note the report on the Joint Regional Planning Panel.

 

2          That Council nominate the Nambucca Shire Council General Manager as an alternative representative to the Joint Regional Planning Panel in the event that either one of the nominated representatives are unable to attend.

 

3        That the State Government be advised that Council expresses its lack of faith in the process of developing the Joint Regional Planning Panels and that Council does not consider the membership of the Joint Regional Planning Panel is fair and balanced.

 

The Amendment became the Motion and it was:

 

1531/09  RESOLVED(Flack/Ainsworth)

 

1          That Council note the report on the Joint Regional Planning Panel.

 

2          That Council nominate the Nambucca Shire Council General Manager as an alternative representative to the Joint Regional Planning Panel in the event that either one of the nominated representatives are unable to attend.

 

3          That the State Government be advised that Council expresses its lack of faith in the process of developing the Joint Regional Planning Panels and that Council does not consider the membership of the Joint Regional Planning Panel is fair and balanced.

 

Item 10.11 was dealt with under Delegations.

 

 


Director Engineering Services Report

ITEM 11.1    SF98                  030909      Road Naming - Provost Lane, Little Mary Lane, Centra Park Street and Fairway Cove, Macksville

1532/09 RESOLVED:       (Flack/South)

 

That Council adopt the names of Provost Lane, Little Mary Lane, Centra Park Street and Fairway Cove, Macksville with the names to be gazetted, notification made to the relevant Government agencies and advertised in a local newspaper.

 

 

 


ITEM 11.2    SF1354              030909      Road Maintenance - Variation to Budget

1533/09 RESOLVED:       (Moran/Finlayson)

 

That Council adopt the reviewed Bitumen Sealing, Heavy Patching and Rehabilitation Program as outlined in this report at the same level of expenditure.

 

 

 


ITEM 11.3    SF844                030909      Nambucca District Water Supply Steering Committee Meeting - 5 August 2009

1534/09 RESOLVED:       (Ainsworth/Ballangarry)

 

That Council adopt the Minutes of the Nambucca District Water Supply Steering Committee Meeting held on 5 August 2009.

 

Note: Cr M Moran wished his vote be recorded against the resolution.

 

 

 


ITEM 11.4    SF1360              030909      Flood Damage - Deep Creek Bridge

1535/09 RESOLVED:       (Flack/Court)

 

1        That Council seek a meeting with the NSW Minister for Transport and Infrastructure The Hon Michael Daley to request a significant contribution to the $450,000 replacement bridge structure over Deep Creek as a result of flood damage in a declared Natural Disaster event;

 

2        That the local State Member for Oxley, Mr Andrew Stoner MP be advised of the situation.

 

 

 



Director Engineering Services Report - LATE

ITEM 11.5    SF849                030909      Licences - New Gangway and Pontoon Adjacent to Nambucca Valley Visitor Centre, Nambucca Heads and Lions Park, Macksville

1536/09 RESOLVED:       (Ainsworth/Finlayson)

 

1        That Council affix the seal to Licence 407353 Agreement for the new gangway and pontoon (including the existing jetty adjacent to the Nambucca Valley Visitor Information Centre at Nambucca Heads.

 

2        That Council affix the seal to Licence 454361 Agreement for the new jetty at the Lions Park, Macksville.

 

NoteCr P Flack wished it be recorded that she objects as it involves expenditure of Environmental Levies.

 

 


     

ASKING OF QUESTIONS WITHOUT NOTICE

 

QWN268/09 - Cr. Michael Moran - Bellwood Traffic Management Plan - Meeting at Bellwood Preschool (Ref SF1407)

Cr Moran stated that in relation to the Bellwood Traffic Management Plan, residents have expressed concern that information given at the Council meeting was different to what they were told by "Council representatives" at a meeting at the Bellwood Preschool.

 

Cr Moran asked if any Council staff or Councillors attended a meeting at Bellwood Preschool regarding the Bellwood Traffic Plan and if so what information or advice was given on behalf of Council.

 

Mayor Hoban advised that all have to be cautious of what is said in public that can be easily misinterpreted.

 

 


QWN270/09 - Cr. Elaine South - Disabled Parking Stickers (Ref SF1407)

Cr South advised that when she was at the Country Women’s Association meeting she was advised that measures are being implemented that only people in wheelchairs will be issued with disabled stickers and that they will be the only ones to use the disabled car parking allotments.

 

Mayor R Hoban advised that Cr South place this as a Notice of Motion to the next Council Meeting.

 

 

 

 


QWN271/09 - Cr. Elaine South - Car parking in Star Street, Macksville (Ref SF1407)

Cr South advised that cars are parking too close to the intersection of Star and Partridge Streets, Macksville and are causing traffic problems.

 

The Director Engineering Services will follow through on this item.

 

 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

1537/09 RESOLVED:       (Ainsworth/Moran)

 

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:

 

 

 

 

 

 


Director Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 13.1    21133/2009         030909      Tender for the Collection of Scrap Metal from Council's Landfills and Transfers Sites

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

 

 


For Confidential Business Paper in Closed Meeting

ITEM 13.2    21136/2009         030909      T002/2009 - Bridge Tender - Byrnes Bridge

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

 


 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.30 pm.

 

 

RESUME IN OPEN MEETING

1538/09 RESOLVED:       (Moran/Court)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 7.33 pm.

 

 

 

 


FROM COUNCIL IN CLOSED MEETING

 

Director Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 13.1    SF675                030909      Tender for the Collection of Scrap Metal from Council's Landfills and Transfers Sites

1539/09 RESOLVED:       (Moran/Ainsworth)

 

That the Tender submitted by Onesteel Recycling, offering a schedule of prices to be paid for ferrous and non ferrous metal, be accepted for the period 1 July 2009 to 30 June 2010.

 

 

 


For Confidential Business Paper in Closed Meeting

ITEM 13.2    T002/2009           030909      T002/2009 - Bridge Tender - Byrnes Bridge

1540/09 RESOLVED:       (Moran/Smyth)

 

That Council accept the Tender of Bridge Solutions Australia to construct Byrnes Bridge for the price of $276,875 (ex GST).

 

 


 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.34 pm. 

 

Confirmed and signed by the Mayor on 17 September 2009.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)