NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 04 February 2010

 

 

 

The following document is the minutes of the Council meeting held on 4 February 2010. †These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 18 February 2010 and therefore subject to change. †Please refer to minutes of 18 February 2010 for confirmation.

 

 

 

 

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Brian Finlayson

Cr Janet Court

Cr Mike Moran OAM

Cr Paula Flack

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)

 

 

APOLOGIES

 

Cr Martin Ballangarry OAM Ė on approved leave

 

 

PRAYER

 

There was no prayer.

 

 

DISCLOSURE OF INTEREST

 

Councillor JA Ainsworth declared a pecuniary interest in Item 10.3 Macksville Industrial Estate Acoustic Report under the Local Government Act as Cr Ainsworth has family members who own business in the industrial estate.† Cr Ainsworth left the meeting for this item.

 

 

 

 


CONFIRMATION OF MINUTES - Ordinary Council Meeting 21 January 2010

1845/10 RESOLVED:†††††† (Moran/Flack)

 

That the minutes of the Ordinary Council Meeting of 21 January 2010† be confirmed.

 

Page 12†††††† Item 11.1 †††† The Recommendation should read:

††††††††††††††††††

That the General Manager uphold resolution of Council of 18 December 2008:

††††††††† ĎThat as a matter of policy Council be forwarded draft Plans of Management by way of memo at least three weeks before a General Purpose Committee meeting, so those comments can be considered after collation and prior to the next General Purpose Committee meeting and the same process apply to draft policiesĎ

unless it can be demonstrated there is a need for urgency.

 

 

 


NOTICE OF MOTION - CR Smyth

 

ITEM 5.1††††† SF1471††††††††††††† 040210††††† Minutes of Meeting of Clarence Regional Library Committee of Management - 13 November 2009

Motion:††††† (Smyth/Flack)

 

That Council endorse the Minutes of the Clarence Regional Library Committee of Management.

 

Amendment:†††††† (Moran/Ainsworth)

 

That Council endorse the Minutes of the Clarence Regional Library Committee of Management on the understanding that further information on Radio Frequency Identification System (RFID) and the Service Model will be forthcoming.

 

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

 

1846/10 Resolved:†††††† (Moran/Ainsworth)

 

That Council endorse the Minutes of the Clarence Regional Library Committee of Management on the understanding that further information on Radio Frequency Identification System (RFID) and the Service Model will be forthcoming.

 

 

 

ASKING OF QUESTIONS WITH NOTICE

 

There were no Question With Notice where due notice has been received.

 

 

 


QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

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

 

 

 

 


General Manager Report

 

ITEM 9.1††††† SF959††††††††††††††† 040210††††† Outstanding Actions and Reports

1847/10 RESOLVED:†††††† (Moran/Ainsworth)

 

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

 

 


 

ITEM 9.2††††† SF544††††††††††††††† 040210††††† Draft Local Development Contributions Guidelines

Motion:††††† (Flack/Smyth)

 

That the Report on the Draft Local Development Contributions Guidelines be received and contents noted.

 

Amendment:†††††† (Hoban/Ainsworth)

 

That the Report on the Draft Local Development Contributions Guidelines be received and contents noted and the General Manager prepare a submission on the Draft Local Development Contributions Guidelines and that Councilís Section 94 Contributions Planner (Mr Bruce Potts) be invited to address Council at his earliest convenience to provide an update on his activities.

 

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

 

1848/10 Resolved:†††††† (Hoban/Ainsworth)

 

That the Report on the Draft Local Development Contributions Guidelines be received and contents noted and the General Manager prepare a submission on the Draft Local Development Contributions Guidelines and that Councilís Section 94 Contributions Planner (Mr Bruce Potts) be invited to address Council at his earliest convenience to provide an update on his activities.

 

 

 

ITEM 9.3††††† SF62††††††††††††††††† 040210††††† Options to assist Schools with Learn to Swim Program

1849/10 RESOLVED:†††††† (Moran/Court)

 

That Council write to the Parents & Citizens Association and Schools using the Macksville Memorial Aquatic Centre for Swim and Survive Programs to advise that Council endorses the new fee structure on the basis it is a fair and reasonable price and in keeping with the like facilities in the region.

 

 

 

ITEM 9.4††††† SF1391††††††††††††† 040210††††† NSW Local Infrastructure Fund Application - Offer of an Interest Free Loan of $12.75 million for the Augmentation of the Nambucca Heads Sewage Treatment Plant and Pump Station

1850/10 RESOLVED:†††††† (Moran)

 

1††††††† That Council accept the offer from the NSW Local Infrastructure Fund of a $12.75 million interest free loan over a maximum period of ten years for the augmentation of the Nambucca Heads Sewage Treatment Plant and Pump Stations.

 

2††††††† That Councilís seal be affixed to loan documents as required.

 

 

 

ITEM 9.5††††† SF1001††††††††††††† 040210††††† Country Towns Water Supply and Sewerage Program - Offer of $4.68 million for the Construction of the Nambucca Heads Sewerage Augmentation Scheme

1851/10 RESOLVED:†††††† (Court/Moran)

 

1††††††† That Council accept the offer of $4,864,780 funding under the Country Towns Water Supply and Sewerage Program for the construction of the Nambucca Heads Sewerage Augmentation Scheme.

 

2††††††† That Councilís seal be affixed to any agreement as required.

 

 


General Manager Report Ė LATE

 

ITEM 9.6††††† SF841††††††††††††††† 040210††††† Pacific Highway - Warrell Creek to Urunga Upgrade - Submission on the Environmental Assessment

Motion:††††† (Moran/Finlayson)

 

1††††††† That the Mayor and General Manager be provided with delegated authority to commission a peer review of the noise and vibration section of the Environmental Assessment in accordance with an upper budget limit to be fixed at the meeting.

 

2††††††† That the Department of Planning be advised of Councilís action and be requested to provide an extension for the lodgement of Councilís submission in the event that the peer review †††††† cannot be completed and submitted before 29 March 2010.

 

Amendment:†††††† (Ainsworth/Flack)

 

1††††††† That the Mayor and General Manager be provided with delegated authority to commission a peer review of the noise and vibration section of the Environmental Assessment in accordance with an upper budget limit to be fixed at the meeting.

 

2††††††† That the Department of Planning be advised of Councilís action and be requested to provide an extension for the lodgement of Councilís submission in the event that the peer review †††††† cannot be completed and submitted before 29 March 2010.

 

3                That a full report detailing Councilís submission in response to the Environmental Assessment be considered at the General Purpose Committee meeting on 17 March 2010.

 

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

 

1852/10 Resolved:†††††† (Ainsworth/Flack)

 

1††††††† That the Mayor and General Manager be provided with delegated authority to commission a peer review of the noise and vibration section of the Environmental Assessment in accordance with an upper budget limit to be fixed at the meeting.

 

2††††††† That the Department of Planning be advised of Councilís action and be requested to provide an extension for the lodgement of Councilís submission in the event that the peer review cannot be completed and submitted before 29 March 2010.

 

4                That a full report detailing Councilís submission in response to the Environmental Assessment be considered at the General Purpose Committee meeting on 17 March 2010.

 

 

 

 


Director Environment and Planning Report

 

ITEM 10.1††† SF1261††††††††††††† 040210††††† Outstanding DAs greater than 12 months, applications where submissions received not determined to 11 January 2010

1853/10 RESOLVED:†††††† (Moran/South)

 

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††††††††††††† 040210††††† DAs and CDCs Received and Determined under Delegated Authority 12-25 January 2010

1854/10 RESOLVED:†††††† (Moran/Ainsworth)

 

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

 

 

 

Cr Ainsworth left the meeting at 6.33 pm.

Cr Ainsworth returned to the meeting at the conclusion of this item, at 6.44 pm.

 

ITEM 10.3††† SF1386††††††††††††† 040210††††† Macksville Industrial Estate Acoustic Report - Heggies

1855/10 RESOLVED:†††††† (Finlayson/Court)

 

1††††††††† That the report be noted.

 

2††††††††† That the recommendations from the Heggies report for new developments, be further considered in the review of Development Control Plan 5 Ė Industrial Development.

 

3††††††††† That Council staff work with operators identified in the Heggies report in an attempt to further address and implement recommendations for noise attenuation.

 

4††††††††† That the recommendations from the Heggies report for future residential development near the Macksville Industrial Estate, be incorporated into future residential Development Application along the industrial/residential interface.

 

5††††††††† That the following wording be incorporated into all future Section 149 certificates for both residential, rural residential and industrial properties located along the interface between the relevant zones.

 

††††††††††† Council advises that this property is located along the interface between residential, rural-residential and industrial zoned land and as such, certain land uses are permissible within each of these zones that may at times provide conflict due to such land uses. †Various legislation applies to such matters and compliance with such legislation may not necessarily be to the satisfaction of all landowners/occupiers.

 

6††††††† That Council proceed to prepare a design for the staged construction of a sound barrier †† along the north eastern boundary of Lot 3 DP248561 as depicted within the Heggies †††††† report. †Such barrier to be a combined earthen mound (stage 1) and timber panel on steel ††† post fence (stage 2) with stage 2 only proceeding following a review of noise issues in this location and when funds become available.

 

 

 

ITEM 10.4††† DA2010/076††††††† 040210††††† Report on DA 2010/076 - Subdivision to create three (3) residential lots - Coronation Park

1856/10 RESOLVED:†††††† (Court/Finlayson)

 

That Council determine DA 2010/073 for a four (4) lot (3 residential lots and 1 residual lot) subdivision by the granting of consent, subject to conditions attached to this report.

 

FOR THE MOTION:† Councillors Court, Finlayson, Ainsworth, South and Hoban†† (Total 5)

AGAINST THE MOTION:† Councillors Flack, Smyth and Moran†† (Total 3)

 

Note:† Cr Flack requested that her vote be recorded as against this resolution as she believes this land is needed for parking.

Note:† Cr Smyth and Cr Moran also requested that their vote be recorded as against this resolution.

 

ITEM 10.5††† SF276††††††††††††††† 040210††††† Report on the Aboriginal Community Advisory Committee Minutes Meeting held 15 December 2009

1857/10 RESOLVED:†††††† (Moran/Flack)

 

That Council endorse the minutes of the Aboriginal Community Advisory Committee meeting held Tuesday 15 December 2009.

 

 

 

Director Engineering Services Report

 

Note:† Cr Moran left the meeting at 6.59 pm and returned at 6.51 pm before the vote on this item.

 

ITEM 11.1††† SF601††††††††††††††† 040210††††† Traffic Management - Wallace Street, Macksville

1858/10 RESOLVED:†††††† (Court/South)

 

1††††††† That Council adopt in principal the exhibited 40 km/hr high pedestrian area for the Macksville CBD.

 

2††††††† That the adopted plan be submitted to the Roads and Traffic Authority for assessment and funding.

 

 

 

ITEM 11.2††† SF853††††††††††††††† 040210††††† Changes in Weed Management

Motion:††††† (Flack/South)

 

1††††††† That Council note the report on Changes in Weed Management.

 

2††††††† That Council approve the resignation of membership from the North Coast Weeds Advisory Committee as of June 2010.

 

3††††††† That Council apply for membership to the Mid North Coast Weeds Advisory Committee to be a part of the new funding application under the NSW Weeds Action Program.

 

Amendment:†††††† (Hoban/Finlayson)

 

1††††††† That Council note the report on Changes in Weed Management.

 

2††††††† That Council approve the resignation of membership from the North Coast Weeds Advisory Committee as of June 2010.

 

3                That Council apply for membership to the Mid North Coast Weeds Advisory Committee.

 

4                That upon acceptance as a member, Council requests input into the business plan to be developed and forwarded to Council for consideration.

 

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

 

1859/10 Resolved:†††††† (Hoban/Finlayson)

 

1††††††† That Council note the report on Changes in Weed Management.

 

2††††††† That Council approve the resignation of membership from the North Coast Weeds Advisory Committee as of June 2010.

 

3††††††† That Council apply for membership to the Mid North Coast Weeds Advisory Committee.

 

4††††††† That upon acceptance as a member, Council requests input into the business plan to be developed and forwarded to Council for consideration.

 

 

 

Director Engineering Services Report Ė LATE

 

ITEM 11.3††† SF587††††††††††††††† 040210††††† Site Visit - Shannon Creek Dam

1860/10 RESOLVED:†††††† (Moran/Court)

 

1††††††† That the inspection of the Shannon Creek Dam be noted.

 

2††††††† That thanks be sent to Clarence Valley Council.

 

 

 

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.12 pm.†

 

Confirmed and signed by the Mayor on 18 February 2010.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)