NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 17 March 2011

 

The following document is the minutes of the Council meeting held on 17 March 2011.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 7 April 2011 and therefore subject to change.  Please refer to the minutes of 7 April 2011 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 Elaine South

Cr Anne Smyth

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Greg Meyers (Director Environment & Planning)

Paul Gallagher (Director Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

PRAYER

 

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

 

 

DISCLOSURE OF INTEREST

 

The Director Environment and Planning, Mr Greg Meyers, declared a pecuniary interest in GPC Item 8.1 Proposed Primary School - Lot 11 DP 805157, 21 Dudley Street, Macksville under the Local Government Act as Mr Meyers’ wife is an employee of the Lismore Diocese who is the beneficiary of the proposal. 

Mr Meyers left the meeting for this item.

 

Councillor Smyth declared a non-pecuniary less significant conflict of interest in Item 10.1 Outstanding DA’s Greater than 12 Months under the Local Government Act as DA 2004/136 was against the subject of discussion.  As this development application was the subject of a court case brought against Council by the NVCA, of which Cr Smyth was a member, in the interests of public perception, Cr Smyth decided to leave the Chamber for this item.

 

Councillor Flack declared a non-pecuniary less significant conflict of interest in Item 10.1 Outstanding DA’s Greater than 12 Months under the Local Government Act as DA 2004/136 was against the subject of discussion.  As this development application was the subject of a court case brought against Council by the NVCA, of which Cr Flack was an Executive member prior to the legal action, in the interests of public perception, Cr Flack decided to leave the Chamber for this item.

 

 

 

 


MAYORAL MINUTES

 

ITEM 9.1      RF275                170311      Mayoral Minute - Bowraville-Bellingen Road - Part Funding Confirmed for Restoration

2731/11 RESOLVED:       (Moran/South)

 

That Council write to the Minister for Roads requesting an immediate decision on the total reconstruction of the Bowraville to Bellingen Road.

 

 

 

 


ITEM 9.2      SF261                170311      Mayoral Minute - Funding - Safety Changes to Pacific Highway between Nambucca Heads and Urunga.

2732/11 RESOLVED:       (Moran/Ainsworth)

 

That Council notes and welcomes the allocation of $10 million to address the findings of the safety review of the Pacific Highway between Nambucca Heads and Urunga.

 

2733/11 Resolved:       (Ainsworth/Court)

 

That Council request the Roads and Traffic Authority provide breakdown of the $10 million expenditure.

 

 

 

 


CONFIRMATION OF MINUTES - Ordinary Council Meeting 3 March 2011

2734/11 RESOLVED:       (Moran/Court)

 

That the minutes of the Ordinary Council Meeting of 3 March 2011 be confirmed.

 

Cr Moran enquired if questions to Council from the Public Forum from the Council meeting at Eungai on 3 March 2011 would be attended to by Council staff and will Council receive a report resulting from the public forum.

 

 

 

NOTICE OF MOTION - CR Moran OAM

 

ITEM 5.1      SF1595              170311      Notice of Motion - Waste Management Contracting - Request for Report

2735/11 RESOLVED:       (Moran/Finlayson)

 

That Council be provided with a status report on the Coffs Coast Waste Management services.

 

2736/11 Resolved:       (Moran/South)

 

That Council be provided with a report on other councils’ (the Mid North Coast Group of Council) garbage services inclusive of waste management processes, environmental outcomes and the rate per annum.

 

 

 

NOTICE OF MOTION - CR Moran OAM

 

ITEM 5.2      SF1595              170311      Notice of Motion - Business Development in Shire - Request for Report

2737/11 RESOLVED:       (Moran/Ainsworth)

 

That Council be provided with a report from the Manager Business Development.

 

  

 

PUBLIC FORUMS/DELEGATIONS

 

Resolved: (Finlayson/Ainsworth)

 

That the following delegations be heard:

 

Ms Kim Peterkin – Objector – Unkya Reserve shared use arrangements

 

Ms Peterkin. Chief Instructor of Congarinni Pony Club, addressed Council to a prepared statement which is on file SF339.

 

ITEM 9.7      SF339                170311      Unkya Reserve - Deferred Report on Shared Use Arrangements

Motion:      (Court/South)

 

The Unkya Reserve Committee of Management be thanked for undertaking strategic planning for the future use of the Reserve and be advised that Council will assist with undertaking any assessments or negotiation which may be required if and when a sporting group expresses interest in using the Reserve for an event.

 

Amendment:       (Flack/Finlayson)

 

1        That the Unkya Reserve Committee of Management be thanked for undertaking strategic planning for the future use of the Reserve and be advised that Council will assist with undertaking any assessments or negotiation which may be required if and when a sporting group expresses interest in using the Reserve for an event.

 

2        That Council advise the Committee that it supports the Congarinni Pony Club’s ongoing use of the Unkya Reserve as per the existing arrangement or any other mutually agreed arrangement.

 

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

 

2738/11 Resolved:       (Flack/Finlayson)

 

1        That the Unkya Reserve Committee of Management be thanked for undertaking strategic planning for the future use of the Reserve and be advised that Council will assist with undertaking any assessments or negotiation which may be required if and when a sporting group expresses interest in using the Reserve for an event.

 

2        That Council advise the Committee that it supports the Congarinni Pony Club’s ongoing use of the Unkya Reserve as per the existing arrangement or any other mutually agreed arrangement.

 

 

 

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 9.3      SF959                170311      Outstanding Actions and Reports

2739/11 RESOLVED:       (Ainsworth/Moran)

 

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

 

 


 

ITEM 9.4      SF394                170311      Investment Report to 28 February 2011

2740/11 RESOLVED:       (Ainsworth/South)

 

That the Accountants’ Report on Investments placed to 28 February 2011 be noted.

 

 

 

ITEM 9.5      SF1622              170311      Business Development - March 2011

2741/11 RESOLVED:       (Court/Smyth)

 

That Council receive the report concerning business development.

 

2742/11 Motion:  (Hoban/Ainsworth)

 

That the Manager Business Development be thanked for providing a comprehensive report.

 

 

 

ITEM 9.6      SF372                170311      Progress Report - Relocation of Radio Nambucca 2NVR and Expenditure of Funds Granted by Council

2743/11 RESOLVED:       (Flack/Court)

 

That the second payment of $10,000 be made available to the Radio Nambucca Inc (2NVR) to continue with the electrical installation for their relocation to the Tewinga Community Hall.

 

 

Item 9.7 was dealt with under Delegations.

 

 

 

ITEM 9.8      DA2010/234        170311      Integrated Planning and Reporting - Discussion Paper on Governance

Motion:      (Moran/Finlayson)

 

That the information in the discussion paper, “A Best Value Council”, be received.

 

Amendment:       (Flack/Smyth)

 

That staff bring back a report that covers an overview of the four draft discussion papers and that the finalised draft discussion papers come to Council for endorsement.

 

The amendment was withdrawn.

 

FURTHER Amendment:          (Flack/Smyth)

 

That a governance discussion paper be prepared that covers broader issues with reference to the Better Practice Review and it comes back to Council for discussion and endorsement.

 

The amendment was LOST.

 

FURTHER Amendment:          (Hoban/Court)

 

That the information in the discussion paper be received and a more comprehensive explanation of what is mean by governance be included.

 

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

 

 

2744/11 Resolved:       (Hoban/Court)

 

That the information in the discussion paper be received and a more comprehensive explanation of what is mean by governance be included.

 

 

 

ITEM 9.9      SF342                170311      Valla Beach Tennis Courts Committee of Management - Minutes of the Annual General Meeting - 20 February 2011

2745/11 RESOLVED:       (Ainsworth/Moran)

 

That Council endorse the Valla Beach Tennis Courts Committee of Management’s minutes of the Annual General Meeting held on 20 February 2011 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

Director Environment and Planning Report

 

Cr Smyth and Cr Flack left the meeting for this item at 7.30 pm and returned after the conclusion of this item at 7.32 pm.

 

ITEM 10.1    SF1589              170311      Outstanding DA's greater than 12 months, applications where submissions received not determined to 10 January 2011

 

2746/11 RESOLVED:       (Court/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.

 

 

ITEM 10.2    SF1589              170311      DA's and CDC's Received and Determined under Delegated Authority to 7 March 2011

2747/11 RESOLVED:       (Moran/Finlayson)

 

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

 

 

ITEM 10.3    SF1589              170311      DEP Applications and Statistical Reports July 2010-June 2011, 2007-2011 and Certificates Received 2007-2011

2748/11 RESOLVED:       (Court/Moran)

 

1          That Council note development application statistics and processing times for July 2010-June 2011 compared with July 2009-June 2010.

 

2          That Council note Occupational Certificate released for the years 2004 to 2011.

 

3          That Council note the statistical information for Applications and Certificates received by Council for 2004-2011.

 

4          That Council note the statistical breakdown of development applications thus far for the current year beginning 1 January 2011.

 

 

 

ITEM 10.4    SF1148              170311      Contract Regulatory Officer's Report February 2011

2749/11 RESOLVED:       (Ainsworth/Moran)

 

That the report from the Contract Regulatory Officer for February 2011 be received and noted by Council.

 

 

 

ITEM 10.5    SF90                  170311      Local Development Committee (Traffic) - Operations and Membership

2750/11 RESOLVED:       (Moran/Ainsworth)

 

1          That Council note the response from the RTA.

 

2          That Council not form a Local Development Committee (Traffic) with those development applications identified under Schedule 3 of the ISEPP 2007 being referred to the RTA as required, and all other applications being assessed by Council's Engineering Department as necessary.

 

 

 

ITEM 10.6    SF265                170311      Report on Solid Fuel/Woodfire Heater Policy Submissions from Public Exhibition

2751/11 RESOLVED:       (Moran/Ainsworth)

 

1          That it be noted there were no submissions received for the Draft Solid Fuel/Wood Fire Heater Policy.

 

2          That Council adopt the Solid Fuel/Wood Fire Heater Policy.

 

 

 

Director Engineering Services Report

 

ITEM 11.1    SF788                170311      Biomass Solutions - Outcomes from Meeting of 25 February 2011

2752/11 RESOLVED:       (Court/Moran)

 

That Council note the outcomes of the meeting with the Department Environment Climate Change and Water held on Friday 25 February 2011.

 

2753/11 Resolved:       (Flack/Moran)

 

That Council write to Coffs Harbour City Council requesting that Council be provided with the audit report as soon as it is received  and then receive a presentation on the three options and request that Council be able to comment on the preferred option prior to Coffs Harbour City Council determining its position, with a copy of the letter be sent to Bellingen Shire Council for their information.

 

 

 


General Purpose Committee REPORT

 

The Director Environment and Planning left the meeting for this Item at 7.52 and returned after the conclusion at 8.38 pm.

 

ITEM 8.1           DA2010/234   170311      Proposed Primary School - Lot 11 DP 805157, 21 Dudley Street, Macksville (Item 8.1 in the General Purpose Committee)

 

2754/11 Resolved:       (Court/Ainsworth)

 

1        That Council advise the Joint Regional Planning Panel (JRPP) that it recommends the development application for the St Patrick’s Primary School (DA 2010/234) be approved subject to conditions.

 

FOR THE MOTION:          Councillors Court, Finlayson, Ainsworth, Moran, South and Hoban          (Total 6)

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

 

2755/11 Resolved:       (Court/Hoban)

 

2        That Council develop a policy as to the cumulative impacts of locating fill on the floodplain at Macksville and also review the matrix in the Floodplain Risk Management Plan.

 

Amendment:       (Flack/Smyth)

 

1        That Council defer making a submission to the JRPP until its planning department has finished assessing the DA and has submitted its report and proposed conditions to the JRPP and consider the matter at Council's 7 April Ordinary Meeting.

 

2        Council notify the JRPP that it intends to make a submission on the DA on the 8 April by email following consideration of the matter at its 7 April meeting.

 

For the amendment: Councillors Ballangarry, Flack and Smyth                                                     (Total 3)

Against the amendment: Councillors Court, Finlayson, Ainsworth, Moran, South and Hoban  (Total 6)

 

The amendment was LOST.

 

 

ITEM 9.1      LF2445        170311         Emergency Orders 11 Ridge Street Nambucca Heads DA 2005/364 (Item 9.1 in the General Purpose Committee)

 

2756/11 Resolved:       (Hoban/Moran)

 

That the additional information provided by the Director Environment and Planning  be considered in closed meeting.

 

 

 


Item 9.1 was dealt with in CLOSED MEETING.

 

 

 

ITEM 10.1         SF1575          170311      Road Asset Management Plan (Item 10.1 in the General Purpose Committee)

2757/11 RESOLVED:       (Court/Flack)

 

That Council note the Road Asset Management Plan and thank the Manager Assets for the presentation and further, note the review of practices and procedures currently underway relating to road works.

 

 

 

ITEM 10.2         PRF53           170311      Foreshore Development River Street Macksville (Item 10.2 in the General Purpose Committee)

2758/11 RESOLVED:       (Court/Smyth)

 

That the comments provided by Councillors for the design on the foreshore redevelopment on River Street, Macksville be received and noted and a further concept plan(s) be prepared for Council consideration.

 

 

 

ITEM 10.3         PRF65           170311      Nambucca Heads - Main Beach Storm Damage  (Item 10.3 in the General Purpose Committee)

2759/11 RESOLVED:       (Court/Finlayson)

 

That Council approve the allocation of $40,000 from the General Fund to reconstruct the retaining wall at Main Beach, Nambucca Heads.

 

 

 

2760/11 Resolved:       (Court/Ballangarry)

 

That Council go into Closed Meeting the time being 8.30 pm.

 

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 below.

 

Reason report is in Closed Meeting:

 

 

DIRECTOR ENVIRONMENT AND PLANNING

For Confidential Business Paper in Closed Meeting

 

ITEM 9.1      LF2445        170311         Emergency Orders 11 Ridge Street Nambucca Heads DA 2005/364 (Item 9.1 in the General Purpose Committee)

 

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

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 8.30 pm.

 

 

 

 


RESUME IN OPEN MEETING

 

Resolved: (South/Ainsworth)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 8.48 pm

 

 

 

ITEM 9.1           LF2445          170311      Emergency Orders 11 Ridge Street Nambucca Heads DA 2005/364 (Item 9.1 in the General Purpose Committee)

2761/11 RESOLVED:       (Court/Finlayson)

 

1        That Council formally engage with the Mortgagee In Possession of 11 Ridge Street Nambucca Heads to have the emergency orders to be complied with.

 

2        That Council's Rates Department undertake a review of the current status of outstanding rates and charges relating to 11 Ridge Street Nambucca Heads.

 

 

 

 

 

 


CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 8.50 pm. 

 

Confirmed and signed by the Mayor on 7 April 2011.

 

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)