NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 04 March 2010 COMMENCING AT 5.30 PM

 

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

 

 

 

 

 

 

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

 

 

DISCLOSURE OF INTEREST

 

Councillor P Flack declared a Non Pecuniary – Significant Conflict of Interest in Item 9.4 DA 2010/080 – Cancer Resource Centre under the Local Government Act as Cr Flack is an employee on the North Coast Area Health Service at Macksville Health Campus which occupies the site at which the Development Application is proposed.  Cr Flack left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

18 February 2010

 

1894/10 RESOLVED:       (Moran/Finlayson)

 

That the minutes of the Ordinary Council Meeting of 18 February 2010 be confirmed.

 

 

 

PUBLIC FORUM AND DELEGATIONS

 

1895/10 Resolved:       (Hoban/Court)

 

That the following Public Forum and Delegations addresses be heard:

 

PUBLIC FORUM:

 

PRF 3 - ANDERSON PARK – AMENITIES BLOCK

 

          (i)       Michael Major—Valla Beach Urban Hall Committee representative

          (ii)      Mr Peter Veryard—Valla Beach Urban Hall Committee secretary

 

DELEGATIONS:

 

Item 8.4 – Request to Auspice "Promoting Social Inclusion through Sport" funding to employ Mr Ritchie Donovan as an Athletics Coach and Sports Facilitator

          i)                 Ralph Johnson on behalf of Scotts Head Junior Sports Club

         

Item 9.3 - Report on the Minutes of the Nambucca River Estuary and Coastline Management Committee Meeting held on 12 February 2010

 

          i)        Eleonora Snart on behalf of Nambucca Valley Tourism Association

          ii)       Peter McNally on behalf of Nambucca Rivers Users Group

          iii)      Richard Barrie on behalf of Oyster Grower

         

Item 10.1 - Nambucca Shire Traffic Committee Meeting Minutes - 2 February 2010

 

          i)        Barry Duffus, Committee Member

 

PUBLIC FORUM:

 

Mr Michael Major addressed Council speaking to a prepared paper a copy of which is on file.

Mr Peter Veryard addressed Council speaking to a prepared paper a copy of which is on file.

 

 

GB4/10 - Cr. Rhonda Hoban - Anderson Park, Valla Beach - Funding for Amenities Block (Ref PRF3)

1896/10  Resolved:      (Hoban/Court)

 

That a Report come back to Council addressing the issues as outlined in the public forum by representatives from the Valla Beach Urban and Hall Management Committee with a recommendation by staff on how funding may be raised to construct an amenities block by the end of the year.

 

 

DELEGATIONS:

 

Mr Ralph Johnson addressed Council speaking to a prepared paper a copy of which is on file.

 

ITEM 8.4      SF1390              040310      Request to Auspice "Promoting Social Inclusion through Sport" funding to employ Mr Ritchie Donovan as an Athletics Coach and Sports Facilitator

1897/10 RESOLVED:       (Moran/Court)

 

That Council agree to auspice the “Promoting Social Inclusion through Sport” funding provided by the Indigenous Coordination Centre (ICC) subject to the General Manager’s satisfaction that the successful applicant can fulfil the aims of the project.

 

 

 

DELEGATIONS continued

 

Ms Eleonora Snart, Mr Peter McNally and Mr Richard Barrie all addressed Council speaking to prepared papers, copies of which are on file.

 


 

ITEM 9.3      SF1266              040310      Report on the Minutes of the Nambucca River Estuary and Coastline Management Committee Meeting held on 12 February 2010

Motion:      (Court/Flack)

 

1        That Council note the recommendation from the Nambucca River Estuary and Coastline Management Committee regarding maintenance of Gordon Park and the boat ramp and that the Committee members be advised that unfortunately the Council has no funds to increase its level of service.

 

2        That Council form the Nambucca River Creeks Estuaries and Coastline Management Committee in accordance with the Terms of Reference and membership as outlined in the body of this report but with the membership to also include a representative from Landcare.

 

3        That the remaining minutes from the Nambucca River Estuary and Coastline Management Committee held on 12 February 2010 be endorsed.

 

4        That Council write to all members of the Nambucca River Estuary and Coastline Management Committee thanking them for their contribution to the Community and Council on coastal, estuary and flooding issues over the past several years.

 

5        That further to Item 4.1 of the Minutes of the Estuary Committee, Council request in its submission to the RTA, that the RTA undertake further modelling and design modification to ensure that:

 

a     the proposed highway across the Gumma floodplain and the northern side of the Nambucca river has NO effect on the flood levels upstream from the proposed route; and

 

b     the height of the roadway be well clear of the estimated height of a 1 in 100 year flood and the forecast 2050 sea level rise.

 

Amendment:       (Flack/Smyth)

 

1        That Council note the recommendation from the Nambucca River Estuary and Coastline Management Committee regarding maintenance of Gordon Park and the boat ramp and that the Committee members be advised that unfortunately the Council has no funds to increase its level of service.

 

2          That Council form the Nambucca River Creeks Estuaries and Coastline Management Committee in accordance with the Terms of Reference and membership as outlined in the body of this report but with the membership to also include a representative from Landcare.  That a representative from a local environment group that is recognised by the NSW Nature Conservation Council also be added to the Committee.

 

3        That the remaining minutes from the Nambucca River Estuary and Coastline Management Committee held on 12 February 2010 be endorsed.

 

4        That Council write to all members of the Nambucca River Estuary and Coastline Management Committee thanking them for their contribution to the Community and Council on coastal, estuary and flooding issues over the past several years.

 

5        That further to Item 4.1 of the Minutes of the Estuary Committee, Council request in its submission to the RTA, that the RTA undertake further modelling and design modification to ensure that:

 

a     the proposed highway across the Gumma floodplain and the northern side of the Nambucca river has NO effect on the flood levels upstream from the proposed route; and

 

b     the height of the roadway be well clear of the estimated height of a 1 in 100 year flood and the forecast 2050 sea level rise.

 

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

 

MOTION:      (Flack/Smyth)

 

1        That Council note the recommendation from the Nambucca River Estuary and Coastline Management Committee regarding maintenance of Gordon Park and the boat ramp and that the Committee members be advised that unfortunately the Council has no funds to increase its level of service.

 

2       That Council form the Nambucca River Creeks Estuaries and Coastline Management Committee in accordance with the Terms of Reference and membership as outlined in the body of this report but with the membership to also include a representative from Landcare.  That a representative from a local environment group that is recognised by the NSW Nature Conservation Council also be added to the committee.

 

3        That the remaining minutes from the Nambucca River Estuary and Coastline Management Committee held on 12 February 2010 be endorsed.

 

4        That Council write to all members of the Nambucca River Estuary and Coastline Management Committee thanking them for their contribution to the Community and Council on coastal, estuary and flooding issues over the past several years.

 

5        That further to Item 4.1 of the Minutes of the Estuary Committee, Council request in its submission to the RTA, that the RTA undertake further modelling and design modification to ensure that:

 

a     the proposed highway across the Gumma floodplain and the northern side of the Nambucca river has NO effect on the flood levels upstream from the proposed route; and

 

b     the height of the roadway be well clear of the estimated height of a 1 in 100 year flood and the forecast 2050 sea level rise.

 

FURTHER Amendment:          (Ainsworth/Hoban)

 

1        That Council note the recommendation from the Nambucca River Estuary and Coastline Management Committee regarding maintenance of Gordon Park and the boat ramp and that the Committee members be advised that unfortunately the Council has no funds to increase its level of service.

 

2       That Council form the Nambucca River Creeks Estuaries and Coastline Management Committee in accordance with the Terms of Reference and membership as outlined in the body of this report but with the membership to also include a representative from Landcare, a representative from a local environment group that is recognised by the NSW Nature Conservation Council and also a tourism industry representative.

 

3        That the remaining minutes from the Nambucca River Estuary and Coastline Management Committee held on 12 February 2010 be endorsed.

 

4        That Council write to all members of the Nambucca River Estuary and Coastline Management Committee thanking them for their contribution to the Community and Council on coastal, estuary and flooding issues over the past several years.

 

5        That further to Item 4.1 of the Minutes of the Estuary Committee, Council request in its submission to the RTA, that the RTA undertake further modelling and design modification to ensure that:

 

a     the proposed highway across the Gumma floodplain and the northern side of the Nambucca river has NO effect on the flood levels upstream from the proposed route; and

b     the height of the roadway be well clear of the estimated height of a 1 in 100 year flood and the forecast 2050 sea level rise.

 

 

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

 

1898/10 Resolved:       (Ainsworth/Hoban)

 

1        That Council note the recommendation from the Nambucca River Estuary and Coastline Management Committee regarding maintenance of Gordon Park and the boat ramp and that the Committee members be advised that unfortunately the Council has no funds to increase its level of service.

 

2       That Council form the Nambucca River Creeks Estuaries and Coastline Management Committee in accordance with the Terms of Reference and membership as outlined in the body of this report but with the membership to also include a representative from Landcare, a representative from a local environment group that is recognised by the NSW Nature Conservation Council and also a tourism industry representative.

 

3        That the remaining minutes from the Nambucca River Estuary and Coastline Management Committee held on 12 February 2010 be endorsed.

 

4        That Council write to all members of the Nambucca River Estuary and Coastline Management Committee thanking them for their contribution to the Community and Council on coastal, estuary and flooding issues over the past several years.

 

5        That further to Item 4.1 of the Minutes of the Estuary Committee, Council request in its submission to the RTA, that the RTA undertake further modelling and design modification to ensure that:

 

a     the proposed highway across the Gumma floodplain and the northern side of the Nambucca river has NO effect on the flood levels upstream from the proposed route; and

b     the height of the roadway be well clear of the estimated height of a 1 in 100 year flood and the forecast 2050 sea level rise.

 

 

1899/10 Resolved:       (Finlayson/South)

 

That Councillor Ainsworth be the Chairperson and Councillor Court alternative Chairperson on the Nambucca River Creeks Estuaries and Coastline Management Committee.

 

 

 

 


DELEGATIONS continued

 

Mr Barry Duffus addressed Council making the following points:

 

·                Decisions are made before he attends meeting

·                Minutes – If anyone has a gripe to Council or Traffic Committee it should be in writing

·                Heavy vehicles using exhaust brakes on Valla Road, Valla

·                Sign erected saying “heavy fines may apply for using exhaust brakes”

·                Sign erected and removed without going to Traffic Committee

·                What costs were involved in doing this – did not receive answer

·                representative of Mr Andrew Stoner MP on the Committee


 

ITEM 10.1    SF90                  040310      Nambucca Shire Traffic Committee Meeting Minutes - 2 February 2010

1900/10 RESOLVED:(Court/Ainsworth)

 

That Council adopt the minutes of the Nambucca Shire Traffic Committee meeting held on 2 February 2010.

 

 

1901/10 Resolved:       (Hoban/Ainsworth)

 

That Mr Barry Duffus receive a written response to his questions regarding the cost to erect and remove the sign on Valla Road, Valla, stating “Heavy fines may apply for using exhaust brakes”.

 

 

 

 


1902/10  Resolved:      (Ainsworth/Flack)

 

That the following reports be brought forward:

 

ITEM 8.3      SF362          040310         Sale of Bowraville Pioneer Community Centre;

ITEM 9.4      DA2010/080 040310         DA 2010/080 - Cancer Resource Centre

 

 

 

 

ITEM 8.3      SF362                040310      Sale of Bowraville Pioneer Community Centre

1903/10 RESOLVED:       (Finlayson/Flack)

 

In the event that the Bowraville Community Development Association (BCDA) has not made a decision in relation to acquiring or not acquiring the Bowraville Pioneer Community Centre by Friday 16 April 2010 that Council withdraw its offer to sell the land and terminate the tender process on the basis that the sole tenderer is not in a position to proceed in a timely manner.  Further that Council then list the property for sale with a local real estate agent for a price not less than that identified in the previous valuation and provide 4 months notice to all tenants to vacate the building, with the exception of Aunt Emily’s.

 

 

 

Cr P Flack left the meeting, the time being 6.49 pm and returned to the meeting after the completion of the item, at 6.50 pm.

 

ITEM 9.4      DA2010/080        040310      DA 2010/080 - Cancer Resource Centre

1904/10 RESOLVED:       (Ainsworth/Court)

 

1          That Council determine DA 2010/080 by granting development consent subject to the conditions attached to this report.

 

2          That Council note the financial assistance offered in support of the project, in accordance with its previous resolutions for the waiving of fees and charges will be $15,523.50 plus a $10,000 donation.

 

FOR THE MOTION:         Councillors Court, Ballangarry, Smyth, Finlayson, Ainsworth, Moran, South and Hoban  (Total: 8)

AGAINST THE MOTION:  Nil (Total: 0)

 

 

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.

 

 


General Manager Report

 

ITEM 8.1      SF959                040310      Outstanding Actions and Reports

1905/10 RESOLVED:       (Ainsworth/Flack)

 

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

 

 

 

ITEM 8.2      SF1389              040310      Grant Application Status Report - 28 February 2010

1906/10 RESOLVED:       (South/Moran)

 

That the list of grant programs and their status to 28 February 2010 be received.

 

 

Item 8.3 was dealt with earlier in the meeting.

 

 

Item 8.4 was dealt with under Delegations.

 

 

General Manager Report – LATE

 

ITEM 8.5      SF380                040310      Proposed Lease of Cafe in Bowraville Theatre

1907/10 RESOLVED:       (Flack/Finlayson)

 

That Council consent to the sub-lease of the Box Office Café in the Bowraville Theatre to the Bowraville Local Aboriginal Land Council.

 

 

 

Director Environment and Planning Report

 

ITEM 9.1      SF1261              040310      Outstanding DA's greater than 12 months, applications where submissions received not determined to 22 February 2010

1908/10 RESOLVED:       (Flack/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 9.2      SF1261              040310      DA's and CDC's Received and Determined under Delegated Authority 9-22 February 2010

1909/10 RESOLVED:       (Court/Ainsworth)

 

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

 

 

Item 9.3 was dealt with under Delegations.

 

 

Item 9.4 was dealt with earlier in the meeting.

 

 

 

ITEM 9.5      SF1082              040310      Valla Urban Growth Area - Ecological Investigations

1910/10 RESOLVED:       (Ainsworth/Finlayson)

 

1          That Council endorse the consultants Brief for the Ecological study and three (3) suitably qualified Ecological consultants be invited to submit quotations providing a period of twenty-eight (28) days for the consultants to prepare quotations to undertake the work.

 

2          That the most suitable ecological consultant to undertake the work be engaged in accordance with the current delegations.

 

3                     Council engage Mary Dallas Archaeological Consultants to complete the Archaeological Investigations for the remainder of the Valla Urban Growth Area due to the specialised nature of the study and to maintain consistency in interpretation of Archaeological significance in the area.

 

NoteCouncillors Smyth, Moran, Ballangarry and Flack requested their votes be recorded against this  resolution.

 

 

Director Engineering Services Report

 

Item 10.1 was dealt with under Delegations.

 

 

 


ITEM 10.2    SF992                040310      Nambucca Emergency Operations Centre Committee Minutes - 12 February 2010

1911/10 RESOLVED:       (Ainsworth/Court)

 

That Council adopt the minutes of the Nambucca Emergency Operations Centre Committee meeting held on 12 February 2010.

 

 


 

ITEM 10.3    SF843                040310      Nambucca Shire Vehicular Access to Beaches Committee Meeting Minutes - 12 February 2010

1912/10 RESOLVED:       (South/Flack)

 

That the minutes of the Nambucca Shire Vehicular Access to Beaches Committee meeting held on the 12 February 2010 be noted and adopted.

 

Note:  Cr Flack mentioned that amendments to the Minutes were required: that GB4/10 was part of the Ranger’s report; and the incorrect spelling of Mr Veryard’s name.

 

 

 

ITEM 10.4    SF1303              040310      Water and Sewerage Strategic Business Plans and Development Servicing Plans

motion:      (Ainsworth/Finlayson)

 

1    That Council accepts the fee offer from Department of Public Works – Water Solutions to prepare Water and Sewerage Strategic Business Plans and Development Servicing Plans for the amount of $30,000 plus GST and $24,000 plus GST respectively.

 

2    That Council purchases a copy of the latest FINMOD financial modelling software and have relevant staff trained in its use as an addition to this engagement.

 

Amendment:       (Hoban/Court)

 

1    That Council accepts the fee offer from Department of Public Works – Water Solutions to prepare Water and Sewerage Strategic Business Plans and Development Servicing Plans for the amount of $30,000 plus GST and $24,000 plus GST respectively but ensuring that no plans or modelling is to commence until Council has conducted its workshop on the IWCM and has an agreed Capital Works Program.

 

2    That Council defer a decision to purchase a copy of the latest FINMOD financial modelling software and have relevant staff trained in its use as an addition to this engagement until after the Council has conducted its workshop on the IWCM.

 

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

 

1913/10 Resolved:       (Hoban/Court)

 

1    That Council accepts the fee offer from Department of Public Works – Water Solutions to prepare Water and Sewerage Strategic Business Plans and Development Servicing Plans for the amount of $30,000 plus GST and $24,000 plus GST respectively but ensuring that no plans or modelling is to commence until Council has conducted its workshop on the IWCM and has an agreed capital works program.

 

2    That Council defer a decision to purchase a copy of the latest FINMOD financial modelling software and have relevant staff trained in its use as an addition to this engagement until after the Council has conducted its workshop on the IWCM.

 

 

ITEM 10.5    SF429                040310      Timber Bridge Partnership Program

1914/10 RESOLVED:       (Ainsworth/Flack)

 

That Council note the four eligible bridges of Mottleys, Lanes, Buttsworth No. 1 and Buttsworth No. 2 were resubmitted for 50% subsidy under the Timber Bridge Partnership Program run by the Roads and Traffic Authority.

 

 

 

NoteCr Ainsworth placed an apology as he will not be in attendance at the for the next General Purpose Committee Meeting on 17 March 2010, as he will be in Sydney.

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.30 pm. 

 

Confirmed and signed by the Mayor on 18 March 2010.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)