NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 21 April 2011

 

The following document is the minutes of the Council meeting held on 21 April 2011.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 5 May 2011 and therefore subject to change.  Please refer to the minutes of 5 May 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 Anne Smyth

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Grant Nelson (Acting Director Environment & Planning)

Paul Gallagher (Director Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

APOLOGIES

Cr Elaine South is on approved leave.

Greg Meyers (Director Environment & Planning)

 

 

PRAYER

 

Rev Ros Johnston, Anglican Church Macksville, offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor Smyth declared a non-pecuniary insignificant conflict of interest in Item 9.1 Outstanding DAs Greater than 12 months, applications where submissions received not determined under the Local Government Act as Cr Smyth states that this matter deals with DA 2004/136 which was the subject of a court case brought against Council by the Nambucca Valley Conservation Association Inc, of which Cr Smyth was a member at the time.  As there may be a public perception of a conflict of interest.  Cr Smyth left the meeting for this item.

 

Councillor Smyth declared a non-pecuniary insignificant conflict of interest in Item 9.6 Determination of DA 2004/136 under the Local Government Act as Cr Smyth states that this matter deals with DA 2004/136 which was the subject of a court case brought against Council by the Nambucca Valley Conservation Association Inc, of which Cr Smyth was a member at the time.  As there may be a public perception of a conflict of interest.  Cr Smyth left the meeting for this item.

 

Councillor PF Flack declared a non-pecuniary significant conflict of interest in Item 9.1 Outstanding DAs Greater than 12 months, applications where submissions received not determined  under the Local Government Act as the DA was the subject of a court case brought against the NSC by the Nambucca Valley conservation Association of which Cr Flack was an executive member prior to the action.  Cr Flack’s conflict of interest relates to potential public perception only.  Cr Flack left the meeting for this item.

 

Councillor PF Flack declared a non-pecuniary insignificant conflict of interest in Item 8.2 GPC Council Contributions to RFS Budget under the Local Government Act as Cr Flack is a member of the North Arm Rural Bushfire Brigade.

 

Councillor BJ Finlayson declared a non-pecuniary insignificant conflict of interest in Item 8.4 Valla Beach Community Pre School - Easement for Asset Protection Zone under the Local Government Act.  Cr Finlayson remained in the meeting for this Item.

 

 

 

 


CONFIRMATION OF MINUTES - Ordinary Council Meeting 7 April 2011

2771/11Resolved:        (Court/Finlayson)

 

That the minutes of the Ordinary Council Meeting of 7 April 2011 be confirmed subject to the following amendment:

  • Council’s Manager Assets, Mr Peter Baynes was present at the Council meeting at Taylors Arm on 7 April 2011.

 

 

 

DELEGATIONS

2772/11Resolved:        (Ainsworth/Court)

 

That the following delegations be heard:

          ITEM 9.6      DA2004/136 210411         Determination of DA 2004/136 For a Community Title Rural-Residential Subdivision – Lot 2 DP 548175, 346 East West Road, Valla

 

          i)        Michael Rudder on behalf of Amos & Macdonald Surveyors is available to answer questions Council may have in relation to this item.

 

 

Cr Flack and Cr Smyth left the meeting at 5.37 pm and returned at the conclusion of this item at 6.00 pm.

 

ITEM 9.6      DA2004/136        210411      Determination of DA 2004/136 For a Community Title Rural-Residential Subdivision – Lot 2 DP 548175, 346 East West Road, Valla

Motion:      (Ainsworth/Finlayson)

 

That in accordance with Section 80(3) of the EP&A Act, development application DA 2004/136 for a Community Title subdivision comprising one neighbourhood lot, 5 rural-residential development lots and a residue rural lot be approved subject to the conditions attached to this report.

 

Amendment:       (Hoban/Finlayson)

 

That the matter be deferred to the first available Council meeting to clarify any contested conditions.

 

For the Amendment:        Councillors Court, Ballangarry, Finlayson, Ainsworth, Moran and Hoban                                                                              (Total 6)

Against the Amendment:  Nil                                  (Total 0)

 

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

 

2771/11 Resolved:       (Hoban/Finlayson)

 

That the matter be deferred to the first available Council meeting to clarify any contested conditions.

 

For the Motion:                 Councillors Court, Ballangarry, Finlayson, Ainsworth, Moran and Hoban                                                                              (Total 6)

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                210411      Outstanding Actions and Reports

2772/11 RESOLVED:       (Ainsworth/Finlayson)

 

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

 

 

ITEM 8.2      SF394                210411      Investment Report to 31 March 2011

2773/11 RESOLVED:       (Moran/Finlayson)

 

That the Accountants’ Report on Investments placed to 31 March 2011 be noted.

 

 

ITEM 8.3      SF394                210411      Term Deposits

2774/11 RESOLVED:       (Flack/Court)

 

The General Manager be provided with delegated authority to invest in longer dated term deposits being terms of up to 5 years provided the total portfolio exceeding 2 years is not more than $5m.

 

Further, any decision to invest in longer dated term deposits is only to be made in accordance with advice received from CPG Advisory.

 

 

General Manager Report – LATE

 

Cr BJ Finlayson declared a non-pecuniary insignificant conflict of interest in Item 8.4.

ITEM 8.4      SF638                210411      Valla Beach Community Pre School - Easement for Asset Protection Zone

2775/11 RESOLVED:       (Court/Moran)

 

1        That Council accept the Grant of Easement for the creation of an asset protection zone on Lot 3 in DP 512170 to the benefit of Lot 8 DP 821952.

 

2        That Council enter into a Deed of Agreement with the registered proprietor of Lot 3 in DP 512170 wherein Council agree to; release the easement for the creation of an asset protection zone benefiting Lot 8 in DP 821952 in the event Council dispose of any part of Lot 8 in DP 821952 other than that part of the land the subject of the Licence to Valla Community Pre School Inc release the easement for the creation of an asset protection zone benefiting Lot 8 in DP 821952 in the event the registered proprietor of the servient tenement  to the easement develops the land to the extent that the easement , in the opinion of the Nambucca Shire Council’s Director of Environment and Planning , is rendered redundant.

 

3        That the licence agreement between Nambucca Shire Council and the Valla Community Pre-School Inc dated 01/02/2009 be varied to include an obligation on the Licensee, at the Licensee’s expense, to perform the convents contained in the grant of easement to create an asset protection zone benefiting Lot 8 in DP 821952.

 

4        That future license agreements for the use of Part Lot 8 in DP 821952 to Valla Community Pre School Inc or subsequent operators of the Pre School contain an obligation on the Licensee, at the Licensee’s expense, to perform the convents contained in the grant of easement to create an asset protection zone benefiting Lot 8 in DP 821952.

 

5        That the Mayor and the General Manager be authorised to execute the Transfer granting easement for the asset protection zone benefitting Lot 8 in DP 821952 and the variation to the Licence agreement between Nambucca Shire Council and the Valla Community Pre School Incorporated dated 01/02/2009 and that the Council seal be affixed to these documents.

 

 

 

General Manager Report – FURTHER LATE

 

ITEM 0.0      SF791                210411      Land Development Committee - Minutes of Meeting held 21 April 2011

2776/11 RESOLVED:       (Flack/Smyth)

 

That Council adopt the Minutes of the Land Development Committee meeting which was held on 21 April 2011 and as listed in the recorded Committee Minutes.

 

 

 

 


Director Environment and Planning Report

 

Councillors Flack and Smyth left the meeting for this item at 6.10 pm and returned after the conclusion at 6.11 pm.

 

ITEM 9.1      SF1589              210411      Outstanding DA's greater than 12 months, applications where submissions received not determined to 28 March 2011

2777/11 Resolved:       (Flack/Court)

 

1        That the recommendations be dealt with individually

 

2778/11 Resolved:       (Court/Finlayson)

 

2          That the remaining outstanding development applications (at least 12 months old) and applications received, be noted and received for information by Council.

 

2779/11 Resolved:       (Ainsworth/Court)

 

3          That the applications where submissions have been received be noted and received for information by Council.

 

 

ITEM 9.2      SF1589              210411      DA's and CDC's Received and Determined under Delegated Authority to 11 April 2011

2780/11 Resolved:       (Ainsworth/Smyth)

 

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

 

 

 

ITEM 9.3      SF1589              210411      DEP Applications and Statistical Reports July 2010-June 2011, 2007-2011 and Certificates Received 2007-2011

2781/11 RESOLVED:       (Flack/Smyth)

 

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 9.4      SF1148              210411      Contract Regulatory Officer's Report March 2011

2782/11 RESOLVED:       (Flack/Court)

 

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

 

 

 

ITEM 9.5      SF1614              210411      Report on Minutes of the Access Committee Meeting held 22 March 2011, including confirmation of Committee

2783/11 RESOLVED:       (Flack/Ballangarry)

 

1          That Council endorse the office bearers and members of the Access Committee listed as follows: Peter Shales (Chairperson), Shirley Holmes (Deputy Chair), Fiona Holmes (Secretary) and Committee members Margaret Hutchinson, Alba Sky, Mathew Sullivan, Les Small, Keith Davis and Dorothy Secomb; with Council’s delegates being Councillors Smyth and South.

 

2          That following the success of the Planning for the Future: Focus on Seniors and Access discussion held 22 March 2011, that a similar discussion be held in Seniors Week 2012 as this should fit with Council’s timetable for consultation on its draft 10-year Community Strategic Plan.

 

3          That the Access Committee’s concerns regarding the access barrier at the new Bananacoast Credit Union branch in Bowra Street, Nambucca Heads be brought to the attention of the BCU Management.

 

4          That the matter of subsidence at Nambucca Heads Public Recreation (R81262) Reserve Trust alongside the V-Wall footpath and adjacent to the Lagoon seawater pipe be referred to Council’s Engineering staff for their assessment and appropriate action.

 

 

Item 9.6 was dealt with under Delegations.

 

 

 


ITEM 9.7      SF1606              210411      Exhibition Results Planning Proposal No 3, LEP 2010

2784/11 RESOLVED:       (Finlayson/Court)

 

1          That Council amend the building height of land at Lot 2 DP107503 Uriti Road Macksville to 8.5m.

 

2          That Council make the following amendments to land at Lot 1, 2, and 3 DP 1157698 (formerly Lot 2 DP 864792), Short Street Nambucca Heads (Coronation Park) – Amend the zone to R1 General Residential; amend the minimum Lot size to 450m2; amend the Building Height to 8.5m; and amend the Floor Space Ratio to 0.55:1.

 

3          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.

 

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

 

For the Motion:                 Councillors Court, Ballangarry, Flack Smyth, Finlayson, Ainsworth, Moran and                                        Hoban                                                (Total 8)

Against the Motion:          Nil                                                     (Total 0)

 

 

 

Director Engineering Services Report

 

NoteCr Finlayson left the meeting at 6.29 pm.

 

ITEM 10.1    SF1629              210411      Nambucca District Water Supply - Project Management Procurement Phase of Project

2785/11 RESOLVED:       (Moran/Ainsworth)

 

That Council accept the fee proposal from Public Works to complete the construction procurement for the Off River Storage Project for the Upper Limit Fee of $251,444 excluding GST.

 

 

 

ITEM 10.2    SF90                  210411      Nambucca Shire Traffic Committee Meeting Minutes - 5 April 2011

2786/11 RESOLVED:       (Ainsworth/Flack)

 

That Council receive the minutes and endorse the recommendations of the Nambucca Shire Traffic Committee meeting held on 5 April 2011 noting that Council has no authority to alter any regulatory matters administered by the Roads and Traffic Authority.

 

 

 

Director Engineering Services Report – LATE

 

ITEM 10.3    SF1558              210411      Nambucca District Water Supply - $1 Million Federal Government Funding Deed

2787/11 RESOLVED:       (Ainsworth/Ballangarry)

 

That Council delegate authority to the General Manager to sign the Federal Government’s Stage 1 Funding Deed for the Off River Storage Project for the amount of $1 million under Council seal.

 

 

 

General Purpose Committee REPORT

 

ITEM 11.1         DA2008/239   210411      Special General Purpose Committee Meeting 3pm Thursday 5 May 2011 - Modification to DA 2008/139 - Australian Precast Solutions - Macksville (Item 9.1 in the General Purpose Committee)

2788/11 Resolved:       (Ainsworth/Court)

 

1        That a Special General Purpose Committee meeting be held to consider the modification to DA 2008/239 for Australian Precast Solutions on site commencing at 3pm on Thursday 5 May 2011.

 

2        That the Agenda for the Special General Purpose Committee meeting will be distributed with the Agenda for the 5 May 2011 Ordinary Meeting.

 

3        That all persons who made submissions be advised of the Special General Purpose Committee meeting and afforded the opportunity to speak in accordance with Council policy.

 

 


 

ITEM 11.2         PRF53           210411      Foreshore Redevelopment - River Street, Macksville (Item 8.1 in the General Purpose Committee)

2789/11 Resolved:       (Court/Finlayson)

 

1        That Option A, Stage 1 be placed on exhibition for a period of 28 days subject to the identified raised garden beds not being raised but enlarged with the planting of a native tree in the centre of each.

 

2        That Council note that the works on the foreshore improvement will not be fully completed within this financial year and unexpended funds from the 2010/11 budget allocation will be carried forward into the 2011/12 financial year.

 

 

 

ITEM 11.3         SF84             210411      Contribution from Council towards the 2011/2012 Rural Fire Service Budget (Item 8.2 in the General Purpose Committee)

2790/11 Resolved:       (Moran/Ainsworth)

 

1        That Council write to the Minister for Police and Emergency Services and complain about cost increases and query the use of fuel cards and phones and the controls to prevent misuse.

 

          Further, that Council also note that IPART should review the proposed cost increases as the Commissioner suggested would happen at the Regional Briefing in Armidale in 2010.

 

          It is also to be queried why there is a prepayment of the Volunteer and Statewide Support Contribution rather than Council retain the funds until they are required.

 

2791/11 Resolved:       (Flack/Court)

 

2        That Council submit a motion to the Shires Association Conference – ‘That the Associations write to the Minister for Police and Emergency Services raising the concerns identified in the recommendation above including the cost of the Rural Fire Service to the Local Government, the annual increases in Council contributions, the method of advance payment and level of reporting to Local Government’.

 

          Further, that the Minister consider improvements to the process to reduce the financial impacts on Local Government.

 

2792/11 Resolved:       (Court/Ainsworth)

 

3        That Council write to the Minister for Local Government, the Minister for Police and Emergency Services and our Local Member advising that increases in contributions to the Rural Fire Service well exceed rate pegging and express Council’s concern for the lack of transparency in the increases sought which are beyond the capacity of our community to pay.

 

2793/11 Resolved:       (Hoban/Court)

 

4        That Council write to the Head of the Local District of the Rural Fire Service and request copies of annual reports of expenditure in this district for the past five (5) years.

 

5        That Council receive the presentation from the Rural Fire Service Area Manager for the Lower North Coast Zone on the proposed 2011/12 Rural Fire Service contribution and express its thanks to Mr Ivan Perkins for attending the meeting and answering questions in relation to the Rural Fire Service budget.

 

 

 

ITEM 11.4         SF84             210411      Request To Fund Missabotti Rural Fire Service Station Amenities (Item 8.3 in the General Purpose Committee)

2794/11 Resolved:       (Flack/Court)

 

That Council advise Rural Fire Service that it is unable to accede to their request to fund the Missabotti Rural Fire Service Station Amenities.

 

 

 

General Purpose Committee from CLOSED REPORT

 

ITEM 11.5         SF839            210411      General Manager's Performance Review (Item 10.1 in the General Purpose Committee)

2795/11 Resolved:       (Hoban/Court)

 

1        That Council determine the performance of the General Manager to be above satisfactory and note that Local Government Management Solutions is to provide a report to Council to that effect.

 

2796/11 Resolved:       (Flack/Moran)

 

2        That Council thank Mr Mark Anderson from Local Government Management Solutions for facilitating the Performance Review.

 

   

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.46 pm. 

 

Confirmed and signed by the Mayor on 5 May 2011.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)