NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD AT THE NAMBUCCA HEADS ENTERTAINMENT CENTRE, RIDGE STREET, NAMBUCCA HEADS ON 07 July 2011 COMMENCING AT 5.30 PM

 

The following document is the minutes of the Council meeting held on 7 July 2011.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 21 July 2011 and therefore subject to change.  Please refer to the minutes of 21 July 2011 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Janet Court

Cr Brian Finlayson – arrived at 5.38pm

Cr Paula Flack

Cr Mike Moran OAM

Cr Anne Smyth

Cr Elaine South

 

 

ALSO PRESENT

 

Paul Gallagher (A/g General Manager)

Phillip Gall (A/g Director Environment & Planning)

Lorraine Hemsworth (Minute Secretary)

 

 

 

APOLOGIES

 

General Manager, Michael Coulter

Cr Ballangarry OAM

 

 

DISCLOSURE OF INTEREST

 

There was no Disclosure of Interests received.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 16 June 2011

 

2931/11 RESOLVED:       (Flack/South)

 

That the minutes of the Ordinary Council Meeting of 16 June 2011 be confirmed.

 

 

CONFIRMATION OF MINUTES - Special Meeting of Council 30 June 2011

 

2932/11 RESOLVED:       (Ainsworth/Moran)

 

That the minutes of the Special Meeting of Council of 30 June 2011 be confirmed.

 

 

Cr Finlayson entered the meeting at 5.38 pm.

 

 

 


NOTICE OF MOTION - CR Court

 

ITEM 5.1      SF1595              070711      Notice of Motion - Clarence Regional Library Committee - Alternate Delegate - Cr Janet Court

2933/11 RESOLVED:       (Court/South)

 

1        That Cr Janet Court be appointed as Nambucca Shire Council’s Alternate Delegate on the Clarence Regional Library Committee.

 

2        That the Clarence Regional Library Committee be informed of Council’s Alternate Delegate.

 

  

 

PUBLIC FORUMS AND DELEGATIONS

 

2934/11 Resolved:       (Flack/Ainsworth)

 

That the following Public Forum and Delegations be heard:

 

PUBLIC FORUMS

i)        Mr John Tait – River Estuary Master Plan - Nambucca Heads

Mr Tait addressed Council to a prepared paper which is placed on File SF952.

 

·                Shortage of funds which has caused black log of repairs and refurbishment especially with the slipping of back yards

·                Investigation and considerations of the following through grants as Nambucca Heads set as main tourist town

·                No tourist facilities to be updated within budget

·                Require Council to go through River Estuary Master Plan and review projects that are most likely to attract grant funds and choose project that are achievable

·                Shire Reviver Account

·                Increase in rates above cpi

·                Series of mini projects for Nambucca Heads so Council can be seen to be moving forward

·                Examples include but not limited to:

·                refurbished toilet block

·                Drainage in Gordon Park as bog hole

·                Shade tree planting in selected parks with frames around and guards

 

2935/11  Resolved:      (Court/Flack)

 

That the suggestions made by Mr John Tait in the Public Forum be put up as a discussion paper at a future General Purpose Meeting.

 

 

ii)       Mr Mike Griffin - Economic Development In Nambucca Heads

Mr Griffin addressed Council to a prepared paper which is placed on File SF952.

 

·                Concerned about the number of empty shops on main street of Nambucca Heads

·                People coming into town to set up business and then after year can not make a living then leaving resulting in empty premises

·                Average household income is half the national average

·                Welcome establishment of Council Economic Development Committee

·                Asking what progress been made with sale of the Industrial Development lots on railway road

·                2 Chambers of Commerces - Council bring them together for dialogue

 

 

iii)      Ms Celia Ramsay - Clearing of Rainforests

          Ms Ramsay addressed Council to a prepared paper which is placed on File SF952.

 

·                Thanked Council’s Parks and Gardens crew for planting lillipillies along fence line at Coronation Park

·                Nambucca Heads lucky to have rainforest in centre of town and lucky to have dedicated group of volunteers for maintenance of parks and gardens

·                Concern with the work performed behind Library and Entertainment Centre

·                Contractors used and slopes totally cleared for several metres and debri dragged through to area and destroyed plants, trampled gardens that Gangly Gardeners maintain

·                Workers undertook to eradicate the medeira vine - noxious vine – not successful and now growing prevalently

·                Suggested that the volunteer workers be consulted by Parks and Gardens Department when work is being carried out in sensitive areas

 

 

2936/11  Resolved:      (Flack/Smyth)

 

That Council receive report on opportunities to improve the way Council manages native vegetation on public land in the shire including communication with Contractors and Origin Energy and instructions to Council’s Contractors and staff including a report on the work undertaken behind the Library.

 

 

iv)      Mr Graham Harris – Solar Lighting Project and Condition of Streets/Roads in Nambucca Heads

Mr Harris addressed Council to a prepared paper which is placed on File SF952.

 

1        Solar Lighting Project

 

·                more lighting required in Nambucca Heads on the basis of a concern for public safety as there are many dark spots eg along the river and boardwalks

·                suggests solar lighting on the basis of saving of electricity and reducing carbon emissions

·                suggest that Grants Officer search and keep lighting projects on the books in case funds become available

·                sites suggested for lighting include the boardwalks, pathways close to river edges, along the breakwall (project axed in Budget) and any other dark spots in Nambucca Heads

 

2        Poor state of roads

 

·                roads in Nambucca Heads are in a poor and deteriorating condition, fabrics falling away.  Examples include:

·               Piggot Street

·               Ridge Street near corner of Whaites Road

·               Corner Ridge and Liston Streets around islands

·                Corner Excelsior and Bellinger Streets

·                Suggests that an audit be carried out in Nambucca Heads of condition of streets and roads

 

 

2937/11 Resolved:       (Flack/South)

 

That the Grants Officer continue to investigate grants for solar lighting and that the V-Wall be included in the Quarterly Budget Review to see whether the solar lighting can be funded through savings in expenditure.

 

 

 

v)       Ms Celia Ramsay – Tree Preservation

          Ms Ramsay addressed Council making the following points:

 

·                There is currently no tree preservation order in Nambucca Heads

·                Farming and rural community concerned about this

·                Tree preservation in urban areas as in other shires

·                If preservation order in place incidents like neighbour poisoning tree in Quarry Street, Nambucca Heads would not occur

 

Motion:      (Flack/Smyth)

 

That Council receive a report on the opportunities for native vegetation management in the Shire.

 

The Motion was LOst.

 

 

DELEGATION

 

ITEM 11.2    Renaming of Congarinni Bridge

i)        Mr Tom Ryan—Objector

 

Mr Ryan addressed Council making the following points:

 

·                Believes the Business Paper covering this item is inaccurate as there were more submissions than the ones in the Business Paper

·                There is a lot of support for the renaming of the bridge and in the last 24 hrs received 26 submissions and provided to these to the Mayor and General Manager

·                Howard fought to save the bridge

·                Built in the time of Depression – bridge was given official name because of its location

·                Comments received are not representative of the local area

·                Asked that the item be readvertised or defer the decision for one month

·                Can get a petition with 200-300 signatures to support the renaming of the bridge

 

 

Motion:      (Moran/Ainsworth)

 

That the naming of the “Congarinni Bridge” be named the “Howard Langford Congarinni Bridge”.

 

The Motion was Lost.

 

 

Amendment:       (Flack/Smyth)

 

That a decision be deferred to allow Councillors to view any submissions received during the advertising time period.

 

The Amendment was withdrawn.

 

 

Amendment:       (Smyth/Court)

 

That Council obtain a cost for the replacement of a plaque on Congarinni Bridge with the wording “Unofficially opened by Howard Langford” and report the cost of the plaque back to Council and replace the original plaque currently on the bridge.

 

The Amendment was carried and became the Motion.

 

2938/11 Resolved:       (Smyth/Court)

 

That Council obtain a cost for the replacement of a plaque on Congarinni Bridge with the wording “Unofficially opened by Howard Langford” and report the cost of the plaque back to Council and replace the original plaque currently on the bridge.

 

 

ITEM 11.2    SF1208              070711      Renaming of Congarinni Bridge

2939/11 RESOLVED:       (Court/Finlayson)

 

That Council retain the name of “Congarinni Bridge”.

 

 

 

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 9.1      SF959                070711      Outstanding Actions and Reports

2940/11 RESOLVED:       (Ainsworth/Finlayson)

 

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

 

2941/11  Resolved:      (Flack/Smyth)

 

That Council receive a brief report listing the current policies awaiting review and highlighting any new policies awaiting development.

 

2942/11  Resolved:      (Flack/South)

 

That Council receive a report on status of the southern section of the Bowraville to Bellingen Road including options for progressing this such as:

 

1        working in tandum with Nambucca Valley Tourism and Bowraville Chamber of Commerce;

2        media campaign

 

2943/11  Resolved:      (Ainsworth/Finlayson)

 

That Council advise the relevant magazines and publications about the camping capacities of North Macksville and Boltons Crossing camp grounds.

 

 


ITEM 9.2      SF544                070711      Section 94 Status Report - June 2011

2944/11 RESOLVED:       (South/Court)

 

That the Section 94 Status Report – June 2011, be received and contents noted.

 

 

 

ITEM 9.3      SF36                  070711      Review of Model Code of Conduct for Local Councils - Request for Submissions on Discussion Paper

2945/11 RESOLVED:       (Court/South)

 

That Council make a submission to the Model Code of Conduct Review suggesting:

 

a        As far as possible the provisions of a Model Code of Conduct should apply equally to both NSW Local and State Government and

 

b        The establishment of a Conduct Review Panel for the Mid North Coast Group of Councils (and for other Regional Organisations of Councils) that has the power to not only determine complaints referred to it by the Mayor or General Manager but to also impose sanctions.

 

 

 

ITEM 9.4      SF299                070711      Back to Bowra Hinterland Festival - Committee of Management - Membership

2946/11 RESOLVED:       (Flack/South)

 

That Council note the new executive for the Back to Bowra Hinterland Festival Committee of Management.

 

Motion:      (Moran/Ainsworth)

 

That Council request a Treasurers report from the Back to Bowra Hinterland Festival Committee.

 

Amendment:       (Flack/Court)

 

That Council welcome the new Committee members as a Section 355 Committee of Management and seek a Treasurers report on the current status of the Committee’s financial position and grant acquittals.

 

The Amendment was carried and became the Motion.

 

2947/11 Resolved:       (Flack/Court)

 

That Council welcome the new Committee members as a Section 355 Committee of Management and seek a Treasurers report on the current status of the Committee’s financial position and grant acquittals.

 

Cr Moran requested his vote be recorded against the Motion.

 

 

 

ITEM 9.5      SF1389              070711      Grant Application Status Report - 22 June 2011

2948/11 RESOLVED:       (Flack/Ainsworth)

 

That the list of grant applications and their status to 22 June 2011 be received.

 

 

 

General Manager Report – LATE

 

ITEM 9.6      SF1415              070711      Internal Audit Committee - Minutes of Meeting 5 June 2011

2949/11 RESOLVED:       (Ainsworth/Finlayson)

 

That the minutes of the Internal Audit Committee meeting held on 5 June 2011 be noted.

 

 

 

ITEM 9.7      SF1067              070711      Regional Relocation Grant Scheme

2950/11 RESOLVED:       (Moran/Finlayson)

 

1          That Council write to the Department of Trade & Investment, Regional Infrastructure and Services advising that Council endorses the Regional Relocation Grant Scheme and seeks to be included in the coverage of the scheme.

 

2          That Council liaise with the Department of Trade & Investment, Regional Infrastructure and Services with a view to incorporating the Regional Relocation Grant Scheme into Council’s investment and attraction strategy.

 

 

 

Director Environment and Planning Report

 

ITEM 10.1    SF1589              070711      Outstanding DA's greater than 12 months, applications where submissions received not determined to 27 June 2011

2951/11 RESOLVED:       (Finlayson/Ainsworth)

 

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

 

 

 

ITEM 10.2    SF1589              070711      DA's and CDC's Received and Determined under Delegated Authority to 27 June 2011

2952/11 RESOLVED:       (Finlayson/Court)

 

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

 

 


 

ITEM 10.3    SF1599              070711      Report on a Public Hearing for Reclassification of Council owned community land

2953/11 RESOLVED:       (Ainsworth/Moran)

 

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

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

 

2          That 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          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.

 

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

 

 

 

ITEM 10.4    SF1031              070711      Draft Policy - Exemption to Obtain Section 68 Approvals

2954/11 RESOLVED:       (Finlayson/South)

 

1          The draft Local Approval Policy – “Exemption to obtain section 68 approvals under the Local Government Act 1993 for Stormwater Drainage from buildings, structures & disposal of waste water from swimming pools & spa pools on large rural properties in excess of 20ha in area” be adopted.

 

2          The adopted policy be placed on Council’s website.

 

3          The local private certifiers operating within the Shire be notified of the new policy.

 

 

 

ITEM 10.5    DA2005/017        070711      Extinguishment of Positive Covenant Lot 18 in DP 1099488

2955/11 RESOLVED:       (Ainsworth/Finlayson)

 

1          That Council apply for a 'Cancellation or Extinguishment of Easement' to delete the Asset Protection Zone over Lot 18 in 1099448.

 

2          That Council affix the seal to the 'Cancellation or Extinguishment of Easement' form to execute the amendment.

 

3          That all costs associated with changes to the title/easement documents are to be met by the applicant.

 

 

 


Director Engineering Services Report

 

ITEM 11.1    SF632                070711      Finalisation of Land Swap - 1 High Street, Bowraville

2956/11 RESOLVED:       (Finlayson/Ainsworth)

 

1          That Council, as the Transferor, authorise the General Manager and the Mayor to execute the Transfer of Lot 1 in DP 1161736 in favour of John and Judith Jones being the registered proprietors of Lot 197 in DP 755537.

 

2          That Council note that consideration for the Transfer has been paid by way of a transfer by the registered proprietors of Lot 197 in DP 755537 of a like area of land now dedicated as public road.

 

3          That the Council seal be affixed to the transfer document lot 1 in DP 1161736 and in accordance with section 400 of the Local Government Regulations 2005.

 

 

Item 11.2 was dealt with under Delegations.

 

    

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 8.25 pm. 

 

Confirmed and signed by the Mayor on 21 July 2011.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)