NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 03 March 2011

 

The following document is the minutes of the Council meeting held on 3 March 2011.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 17 March 2011 and therefore subject to change.  Please refer to the minutes of 17 March 2011 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Janet Court

Cr Brian Finlayson

Cr Elaine South

Cr Anne Smyth

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Phillip Gall (A/g Director Environment & Planning)

Paul Gallagher (Director Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

APOLOGIES

 

Cr Paula Flack,  Cr Michael Moran OAM,  Greg Meyers (Director Environment & Planning)

 

 

PRAYER

 

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

 

 

DISCLOSURE OF INTEREST

 

Councillor JE Court declared a pecuniary interest in Item 9.4 Update on Planning Proposal LEP Amendment 2 under the Local Government Act as Cr Court’s property overlooks Matthew Street.  Cr Court left the meeting for this item.

 

Councillor JA Ainsworth declared a pecuniary interest in Item 10.1 Tender - T046/2010 Construction of Lunchroom and Amenities at the Nambucca Shire Council Depot under the Local Government Act as Cr Ainsworth has a relative that has submitted a tender.  Cr Ainsworth left the meeting for this item.

 

 

 

 


MAYORAL MINUTES

 

ITEM 8.1      SF640                030311      Mayoral Minute - LGSA's NSW Election Priorities 2011

2713/11 RESOLVED:       (Court/Ainsworth)

 

That Nambucca Shire Council support the LGSA’s NSW Election Priorities 2011 and seek  the position of the Labour Party, Liberal National Coalition and the Greens in relation to the identified priorities.

 

 

 


 


ITEM 8.11    RF275                030311      Mayoral Minute - Bellingen-Bowraville Road - Further Request for Disaster Funding

2714/11 RESOLVED:       (Ainsworth/Smyth)

 

That Council writes to the NSW Minister for Roads and to the Premier requesting an immediate decision on Council’s claim for Natural Disaster Relief Funding to restore Bellingen/Bowraville Road to its condition prior to the February and March 2009 flood events.

 

 

 


 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 17 February 2011

Resolved: (South/Court)

 

That the minutes of the Ordinary Council Meeting of 17 February 2011 be confirmed subject to:

 

Page 1        Under Disclosure of Interest – the first declaration for Cr Flack (Item 9.1) the last        sentence should read ‘Cr Flack left the meeting for this item’.

 

Page 1        Under Disclosure of Interest – the reason for Cr Moran’s disclosure for Item 12.1 as he        provided a valuation for this property.

 

Page 3        Public Forum – Foreshore Redevelopment River Street Macksville – the resolution was moved Cr Court seconded Cr Flack.

 

Page 9        Item 9.3 the first resolution should read: ‘That Council advise its Clarence Regional            Library partner Councils that it will consider entering into a new Library Agreement             which sets the minimum contribution to the Clarence Regional Library at the Rate Peg                 plus 2%.  Partner Councils would have the opportunity to agree on a larger increase.

 

 

 

PUBLIC FORUMS/DELEGATIONS

 

The following public forum/delegations were heard:

 

i)        Mr David Hall, President Eungai Soldiers Memorial Hall Committee of Management

ii)       Mr Jim McKenna – Use of Unkya Reserve by Pony club & Carriage Club

iii)      Mr Tony & Mrs Kim Wildsmith – Eungai – Main Road reseal, safety issues, Moores Lane and Tanbam, PCYC

iv)      Mr James Bilson – Eungai – Parks, Roads, Bridges

v)       Mr Greg Weaver – Allgomera – Condition of Allgomera Road

 

 

Mr Hall addressed Council making the following points:

·    Welcomed all and thanked Council for coming to Eungai

·    Passionate about this part of the Shire and outlined some of the local activities

·    Encouraged community to remain involved and that Council continue to consider Eungai.

 

Mr McKenna addressed Council making the following points:

·    Lives at Allgomera

·    Speaking for himself as a carriage owner

·    Looking at possibility of teaching people with disabilities to drive carriages on Unkya Reserve

·    Wants to work in with the Pony Club and looking for approval to use Unkya Reserve


Ms Marjorie Boylen – Pony Club - addressed Council making the following points:

 

Mr & Mrs Wildsmith addressed Council making the following points:

·    Resealing Main Street, dangerous and unsightly, what are Council’s plans

·    Vehicles being damaged from poor road condition, costly for residents

·    Moores Lane – very unsafe and would like to show Council staff (on site) the poor condition – he can be contacted on 0412128534

·    Little Tamban – sign needed before crest of hill to warn of bus stop – risk of accident with children and other vehicles

·    PCYC – would like to have PCYC in Nambucca Heads – has contacted Kempsey Police who have advised they would require suitable premises for this to be considered

·    What has happened to funding for Eungai Park or Playground – possibility of a skate park

·    RTA’s Paddy’s Rest – unsightly and poorly maintained

 

Mr Bilson addressed Council to a prepared statement which is on file and made the following points:

·    Provision should now be made by Council to replace the timber bridge across Eungai Creek with a concrete bridge

·    There is no park in Eungai

·    Minimum of 40,000 l water tanks should be required for houses

·    Council needs to find suitable area for greenwaste and Council losing money in tip profits going to private company but using up Council’s landfill area – Council needs to bring in user-pays – Coffs’ waste should not come to Nambucca

·    Subdivided 1-2 ha lots should be provided just off Highway

·    200 x 1 ha lots would mean a lot of rates

 

Mr Weaver addressed Council making the following points:

·    Lived in Allgomera more than 10 years

·    Very poor condition of road both bitumen and gravel

·    Road maintenance not satisfactory – Council not getting value for money from maintenance staff - two accidents in last 2 years

·    School bus now also uses road

·    Fences knocked over by Council grader which also pushes rubbish up against fences.

 

Ms Jo Dormer addressed Council making the following points:

·    Unkya Reserve – improved rubbish facility required, current small bin is now split, also require facility for recycled waste

 

Ms Karina Daniels addressed Council making the following points:

·    Would Council consider dollar for dollar contribution for playground at Unkya Reserve?

 

 

The meeting adjourned at 6.20 pm.

 

The meeting resumed at 6.38 pm.

 

 

 


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 was dealt with under Mayoral Minutes.

 

 

ITEM 8.2      SF959                030311      Outstanding Actions and Reports

2715/11 RESOLVED:       (Court/South)

 

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

 

 

 

ITEM 8.3      SF848                030311      Pensioner Rates and Charges Rebate

2716/11 RESOLVED:       (Ainsworth/Ballangarry)

 

That the information received in relation to Pensioner Rates and Charges from The Hon. Barbara Perry MP be received.

 

 

 

ITEM 8.4      SF1015              030311      Proposed 30m Telecommunications Mobile Base Station to improve Optus 3G Mobile Telephone Coverage

2717/11 RESOLVED:       (Ainsworth/Ballangarry)

 

That Council note the notification from Daly International Pty Ltd in relation to the proposed 30m telecommunications Mobile Base Station to improve Optus 3G Mobile Telephone Coverage in the Bowraville township and surrounding rural area.

 

 

 

ITEM 8.5      SF640                030311      Constitutional Recognition of Local Government - A Role for Councils

2718/11 RESOLVED:       (Court/South)

 

1          That Nambucca Shire Council declares its support for financial recognition of Local Government in the Australian Constitution so that the Federal Government has power to fund Local Government directly and also for inclusion of Local Government in any new Preamble to the Constitution if one is proposed.

 

2          That Nambucca Shire Council calls on all political parties to support a Referendum by 2013 to change the Constitution to achieve this recognition.

 

3          That Council advise the Prime Minister, Leader of the Opposition and Local Federal member for Cowper of its declaration.

 

 

 

ITEM 8.6      SF820                030311      Quarterly Performance Review - 31 December 2010

2719/11 Resolved:       (Ainsworth/South)

 

That Council note the extent to which the Performance Targets have been achieved for the quarter to 31 December 2010.

 

 


 

ITEM 8.7      SF1525              030311      December 2010 Budget Review

2720/11 RESOLVED:       (Ainsworth/Finlayson)

 

1        That the budget review for the quarter ended 31 December, 2010 be received.

 

2        That the recommended increases and decreases in votes be included as subsequent votes for the financial year 2010/2011.

 

 

 

ITEM 8.8      SF632                030311      Sale of Closed Road - Upper Warrell Creek Road, Macksville

2721/11 RESOLVED:       (Finlayson/Ainsworth)

 

1          That Council offer to sell the portion of closed road adjacent to Lot 1052 in DP 849681 to Mr L G Trembath for $5,000 plus GST and legal costs of not more than $1,000.

 

2          That Council require future applications for road closure to be the subject of a Deed of Agreement between the parties which details the terms of the transaction and requires a bond to be paid by the applicant prior to work commencing on the application.

 

 

 

ITEM 8.9      SF327                030311      Nambucca District Band Committee of Management - Minutes of the Annual General Meeting - 8 February 2011

2722/11 RESOLVED:       (South/Ballangarry)

 

That Council endorse the Nambucca District Band Committee of Management’s minutes of the Annual General Meeting held on 8 February 2011 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

General Manager Report – LATE

 

ITEM 8.10    DA2008/139        030311      Modification to DA2008/139 Australian Precast Solutions (Abigroup) Macksville.

2723/11 RESOLVED:       (Ainsworth/South)

 

That Australian Precast Solutions be advised:

 

1        Council will consider an additional application to modify their development consent to permit an increase in output of up to 60,000 tonnes per annum for a period of 9 months.

 

2        Their additional modification application will need to respond to the factors requiring consideration in Clause 36 of Schedule 3 of the Environmental Planning and Assessment Regulations as well as the other requirements of the Act.

 

3        Any approval for increased output would not take effect until occupation certificates have been issued for the stage 1 and stage 2 sheds.

 

 

 

Item 8.11 was dealt with under Mayoral Minutes.

 

 

 

 


Director Environment and Planning Report

 

ITEM 9.1      SF1589              030311      DA's and CDC's Received and Determined under Delegated Authority to 22 February 2011

2724/11 RESOLVED:       (Court/Ainsworth)

 

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

 

 

 

ITEM 9.2      SF1589              030311      Outstanding DA's greater than 12 months, applications where submissions received not determined to 10 January 2011

2725/11 RESOLVED:       (Ainsworth/Smyth)

 

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 9.3      SF1599              030311      Update on Planning Proposal - LEP Amendment 1

2726/11 RESOLVED:       (Finlayson/Ballangarry)

 

1          That Council proceed with the reclassification of community land to operational land for each of the following:

 

·           Part Lot 31 DP 248561 Yarrawonga Street, Macksville;

·           Part Lot 40 DP 711098 Old Coast Road, Kingsworth Estate; and

·           Lot 163 DP 822649 Little Tamban Road, Eungai Creek.

 

            And pursuant to clause 59 of the Environmental Planning and Assessment Act 1979 the planning proposal shall be forwarded to the Minister of Planning for the plan to be made.

 

2          That a Plan of Management for the reserve within Kingsworth Estate be prepared by Engineering Services detailing, amongst other matters, pedestrian and vehicular access arrangements.

 

3          Those persons who made submission to the plan be appropriately notified of Councils decision.

 

For the motion:                Councillors Court, Ballangarry, Smyth, Finlayson, Ainsworth, South and Hoban

                                      Total 7

Against the motion:          NIL

 

 

Cr Court left the meeting for this item at 7.20 pm and returned at the conclusion of this item at 7.22 pm.

 

ITEM 9.4      SF1607              030311      Update on Planning Proposal LEP Amendment 2

2727/11 RESOLVED:       (Smyth/South)

 

1          That Council amend the Floor Space Ratio Map from 0.55:1 to 0.4:1 on Lots 1, 2, 3, 4, 8, 9, 10, 11, 12, 13, Section B DP 17707; Lots 1, 2, 3 DP 548827; and Lots 51, 52 DP 1093411; Matthew Street, Scotts Head.

 

2          Pursuant to Clause 59 of the Environmental Planning and Assessment Act 1979 the planning proposal shall be forwarded to the Minister of Planning for the plan to be made.

 

3          Those persons who made submission to the plan be appropriately notified of Council’s decision.

 

For the motion:                Councillors Ballangarry, Smyth, Finlayson, Ainsworth, South and Hoban

                                      Total 6

Against the motion:          NIL

 

 

 

ITEM 9.5      SF1418              030311      Funding Application Floodplain Management Program 2011-2012

2728/11 RESOLVED:       (Smyth/Ballangarry)

 

That Council endorse the lodgement of an application to DECCW under the Floodplain Management Program for 2011-2012.

 

 

 

 

Director Engineering Services Report

 

Cr Ainsworth left the meeting for this item at 7.24 pm.

 

ITEM 10.1    T046/2010           030311      Tender - T046/2010 Construction of Lunchroom and Amenities at the Nambucca Shire Council Depot

2729/11 RESOLVED:       (Court/Finlayson)

 

That Council accept the Tender for T046/2010 Construction of Lunchroom and Amenities as recommended in the confidential report.

 

     

 

2730/11 Resolved:       (Hoban/Court)

 

That, given the Tender has been accepted in Open Meeting, Council no longer needs to consider the Tender in Closed meeting.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.25 pm. 

 

Confirmed and signed by the Mayor on 17 March 2011.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)