NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 18 August 2011 commencing at 5.30 pm

The following document is the minutes of the Council meeting held on 18 August 2011. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 1 September 2011 and therefore subject to change. Please refer to the minutes of 1 September 2011 for confirmation.

 

 

PRESENT

 

Cr John Ainsworth (Deputy Mayor)

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

 

Paul Gallagher (Director Engineering Services)

Greg Meyers (Director Environment & Planning)

Barbara Parkins (Minute Secretary)

 

 

 

APOLOGIES

 

Cr Rhonda Hoban (Mayor)

Michael Coulter (General Manager)

 

 

PRAYER

 

Pastor Colin Phillips, from the Baptist Church, Nambucca Heads offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor A Smyth declared a non-pecuniary – less significant conflict of interest in General Purpose Committee Minutes Item 9.3 Nambucca Heads Flood Investigation Phase 2 – Seaview Street Catchment under the Local Government Act as Cr Smyth has a brother who owns a property in Zingara Close, which is one of the areas in the Flood Investigation. Cr Smyth remained in the meeting for this Item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 4 August 2011

3009/11 RESOLVED:       (South/Smyth)

 

That the minutes of the Ordinary Council Meeting of 4 August 2011 be confirmed.

 

 

 

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      SF84                  180811      Outstanding Actions and Reports

3010/11 RESOLVED:       (Court/Flack)

 

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

 

3011/11 Resolved:       (Ainsworth/Flack)

 

That Council write to the LPMA requesting a response in relation to the letter sent in May for Boultons Crossing.

 

 

ITEM 8.2      SF820                180811      Quarterly Performance review - 30 June 2011

3012/11 RESOLVED:       (Finlayson/South)

 

That Council note the extent to which the Performance Targets have been achieved for the quarter to 30 June 2011.

 

 

 

ITEM 8.3      RF275                180811      Bowraville - Bellingen Road

3013/11 RESOLVED:       (Flack/South)

 

1        That Council make representations to its local member and Deputy Premier, the Hon Andrew Stoner MP seeking a decision on the repair of the southern section of the Bellingen Road, noting it’s over two years since the natural disaster which caused the closure of the road and that it’s time to get the road fixed and re-opened. Further it is up to the NSW State Government to process the Natural Disaster claim and ensure adequate funding is available for the Councils to make repair of the road a high priority.

 

2        That Council request that Nambucca Valley Tourism; the Bowraville Chamber of Commerce; and the residents of Spickett’s Creek valley make similar representations to our local member and Deputy Premier, the Hon Andrew Stoner MP.

 

 

 

NOTICE OF MOTION - CR Flack

ITEM 8.4      SF1595              180811      Report to Council on the 'Future of Local Government National Sumit', held in Melbourne 29-30 June 2011

3014/11 RESOLVED:       (Flack/Court)

 

That Council note the report and Councillors avail themselves of the information referred to in the report summary.

 

ITEM 8.5      SF674                180811      Invoice from Coffs Harbour City Council for payment of Waste Levy

 

3015/11 RESOLVED:       (Court/Flack)

 

That Coffs Harbour City Council be reimbursed for the waste levy on the mixed waste reject and residual material from 2009/2010 and 2010/2011 being a total of $48,489.43, and that in lieu of paying the waste levy on land filling the recovered (biomass) product they be advised that Nambucca Shire Council will accept the equivalent tonnage at its landfill subject to EPA approval and the same conditions as for last time fill was used as capping.

 

3016/11 Resolved:       (Smyth/Flack)

 

That Council write to Biomass to undertake an awareness campaign as part of its education program in relation to what is to be placed into the red bins and what is not to be placed in the red bin, and the implications of the cost to ratepayers of incorrect use of the red bins.

 

3017/11 Resolved:       (Flack/Court)

 

That Council write again to Coffs Harbour City Council seeking clarification as to Biomass’ plans regarding the upgrading of its facilities to produce a complying product from its mixed waste stream and whether there are any changes to the proposed costs.

 

 

General Manager Report - LATE

ITEM 8.6      SF394                180811      Investment Report to 31 July 2011

3018/11 RESOLVED:       (Court/Ballangarry)

 

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

 

 

 

General Manager Report - LATE

ITEM 8.7      SF1560              180811      Budget Variation for World Rally Championship - 10 September 2011

3019/11 RESOLVED:       (Flack/Court)

 

That Council approve additional funds in the amount $896.00 to meet the projected costs of Waste and Town Services, Health & Building Surveyors and event fencing for the World Rally event.

 

 

 


Director Environment and Planning Report

ITEM 9.1      SF1589              180811      Outstanding DA's greater than 12 months, applications where submissions received not determined to 22 July 2011

3020/11 RESOLVED:       (Flack/Ballangarry)

 

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

 

 

 

ITEM 9.2      SF1589              180811      DA's and CDC's Received and Determined under Delegated Authority to 5 August 2011

3021/11 RESOLVED:       (Flack/Moran)

 

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

 

 

 

ITEM 9.3      SF1589              180811      DEP Applications and Statistical Reports July 2010-June 2011, 2007-2011 and Certificates Received 2007-2011

3022/11 RESOLVED:       (Flack/Ballangarry)

 

1          That Council note development application statistics and processing times for July 2011-June 2012 compared with July 2010-June 2011.

 

2          That Council note Occupational Certificate released for the years 2007 to 2011.

 

3          That Council note the statistical information for Applications and Certificates received by Council for 2007-2011.

 

 

 

ITEM 9.4      SF1148              180811      Contract Regulatory Officer's Report July 2011

3023/11 RESOLVED:       (Flack/Ballangarry)

 

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

 

 

 


Director Engineering Services Report

ITEM 10.1    RF145                180811      Acquisition for Easement to drain water at 71 Marshall Way, Nambucca Heads

3024/11 RESOLVED:       (Court/Flack)

 

1        That Council acquire an easement to drain water (1.5 wide and variable) burdening Lot 15 in Deposited Plan 877531 being 71 Marshall Way, Nambucca Heads.

 

2        That Council pay the registered property owner of Lot 15 DP 877531 compensation in the amount $6,450 (exclusive of GST) in consideration for the granting of an easement to drain water 1.5 wide and variable burdening Lot 15 in Deposited Plan 877531.

 

3        That Council meet all survey, plan lodgement, registration and legal costs associated with the creation of the easement to drain water 1.5 wide and variable burdening Lot 15 in Deposited Plan 877531.

 

4        That Council allocate an amount of $6,800.00 from the general fund for the registration costs and the purchase of an easement to drain water (1.5 wide and variable) burdening Lot 15 in Deposited Plan 877531 being 71 Marshall Way, Nambucca Heads.

 

 

 

ITEM 10.2    SF1668              180811      September 2012 Local Government Elections

3025/11 RESOLVED:       (Flack/South)

 

1        That Council seek a formal quotation from the NSW Electoral Commission to conduct the 2012 Local Government Elections.

 

2        That a further report be presented to Council with a comparison cost of council undertaking the 2012 Local Government Elections against that of the NSW Electoral Commission conducting the election.

 

 

 

ITEM 10.3    SF633                180811      Continuation of the Roads to Recovery Program Beyond 2014

 

3026/11 Resolved:       (Flack/Ballangarry)

 

1        That Council write to the Prime Minister, the Leader of the Opposition, Minister for Infrastructure and Transport, Opposition spokesperson for Transport and the Local Federal Minister for Parliament advising that Council:

 

 

a        Recognises the successful delivery of the Roads to Recovery Program (R2R) by Local Government since 2000;

 

b        Calls on the Federal Government to continue the Roads to Recovery Program (R2R) on a permanent basis to assist Local Government meet its responsibilities of providing access for its communities;

 

c        Calls on the Federal Government to continue the Roads to Recovery Program (R2R) with the current administration arrangements; and

 

d        Calls on the Federal Government to provide an increased level of funding under a future Roads to Recovery Program (R2R) that recognises the shortfall of funding on local roads of $1.2 billion annually.

 

2        That the Mayor and Director Engineering Services attend the National Local Roads and Transport Congress at Mount Gambier in November 2011.

 

 

 

ITEM 10.4    SF84                  180811      Update on Council's Contribution towards the 2011/2012 Rural Fire Service Budget

3027/11 RESOLVED:       (Flack/Court)

 

That Council receive and note the report regarding the update on Council’s contribution towards the 2011/2012 Rural Fire Service Budget.

 

3028/11 Resolved:       (Court/Flack)

 

That Council write to the Premier of NSW stating its dissatisfaction with the response received from the Minister for Police and Emergency, because of the huge disparity between the current RFS bid and rate pegging and because there also appears to be no accountability with respect to RFS spending.

 

 

 

ITEM 10.5    SF1629              180811      Nambucca District Water Supply Off River Storage Project - Expressions of Interest for Construction Tenderers

3029/11 RESOLVED:       (Court/South)

 

1        That the following contractors be pre-qualified to enter into the Early Tenderer Involvement stage of the project and thus become prospective tenderers for the Off-River Storage Project as per the recommendation of the EOI Evaluation Report.

 

          Package A

·       MacMahon Contractors Pty Ltd

·       John Holland Pty Ltd

·       Haslin Constructions Pty Ltd

 

Package B

·       MacMahon Contractors Pty Ltd

·       Ledonne Constructions Pty Ltd

·       John Holland Pty Ltd

·       Haslin Constructions Pty Ltd

 

2        That Council approve a payment of $5,000 to each of the four (4) nominated contractors for each work package they are involved with to partially offset their costs for participating in the ETI workshop and process.

 

Cr Moran recorded his vote against this resolution as he does not feel the Valley can afford this project.

 

 


 

ITEM 10.6    SF769                180811      2011/2012 Roads and Traffic Authority Program Allocations

3030/11 RESOLVED:       (Flack/South)

 

That Council accept the indicative 2011/2012 Roads Program allocations and advise the Roads and Traffic Authority accordingly.

 

 

 

ITEM 10.7    SF90                  180811      Nambucca Shire Traffic Committee Meeting Minutes - 2 August 2011

3031/11 RESOLVED:       (Flack/South)

 

That Council:

 

1        Note that Council has no authority to alter any regulatory matters;

 

2        Approve the temporary road closure of Mann Street and Bowra Street, Nambucca Heads from West Street to Ridge Street between the hours of 10.00 am and 12.00 pm, 1 October 2011 for the purpose of Drag-Ens Hot Road Club annual Hot Rod display subject to the following being received by Council:

 

a        Certificate of Currency for Public Liability Insurance;

b        Police approvals;

c        Traffic Management Plan confirming Accredited Traffic Controllers will be on site; and

d        advertising being carried out 7 days prior to the event by Nambucca Shire Council.

 

3        Approve the temporary road closures of High Street (West) Bowraville, from George Street to North Arm Road and Cook Street, Bowraville from Alberta Street to Conen Street between the hours of 6.00 am and 4.00 pm, 10 September 2011, to allow for the provision of market stalls and a refuel point associated with stages of the World Rally Championships, subject to the following being received by Council:

 

a        Certificate of Currency for Public Liability Insurance;

b        Police approvals;

c        Traffic Management Plan confirming Accredited Traffic Controllers will be on site; and

d        advertising being carried out 7 days prior to the event by Nambucca Shire Council

e        That Council approve installation of regulatory signs and markings associated with the event.

 

4        Approve the temporary road closure of Bowra Street, Nambucca Heads from Rosedale Street to Ridge Street between the hours of 7.30 am and 1.30 pm, 29 October 2011 for the purpose of a Falcon GT Show ‘N’ Shine car display subject to the following being received by Council:

 

a        Certificate of Currency for Public Liability Insurance;

b        Police approvals;

c        Traffic Management Plan confirming Accredited Traffic Controllers will be on site; and

d        advertising being carried out 7 days prior to the event by Nambucca Shire Council.

 

5        Install a Give Way sign and associated line marking at the intersection of Belmore, Cook and Conen Streets, Bowraville and seek further funding from the Roads and Traffic Authority for “minor intersection improvements” to provide a raised median on Cook Street that will improve heavy vehicle delineation.

 

 

6        Do not approve the installation of one No Parking space close to the Ridge Street Medical Centre Nambucca Heads for the provision of alighting and boarding mobility restricted passengers.

 

7        Staff carry out further consultation with the Bowraville and District Chamber of Commerce and Industry Inc regarding a time restricted parking layout for Bowraville.

 

8        Approve the removal of a section of the No Stopping zone on the southern side of Ferry Street, Macksville opposite numbers 52 and 53, as there is now sufficient room to park.

 

Cr Moran recorded his vote against this resolution as he disagrees with Item 1.

 

  

General Purpose Committee REPORT

ITEM 8.1           SF1560          180811      Presentation of World Rally Championship - Saturday 10 September 2011 (Item 8.1 in the General Purpose Committee)

3032/11 RESOLVED:       (Court/Ballangarry)

 

That Council note and receive the Presentation on the World Rally Championship to be held 10 September 2011.

 

3033/11 Resolved:       (Court/Flack)

 

That a formal Vote of Thanks be expressed from Council to Wayne Lowe (Manager Business Development) and Mark Scott (President Bowraville & District Chamber of Commerce & Industry) for their work on the World Rally Championship.

 

3034/11 Resolved:       (Court/Ballangarry)

 

That Council receive a late report for the meeting scheduled for Thursday, 18 August 2011 on the additional funds required to cover wages for cleaning the toilet facilities and waste management during the event on Saturday, 10 September 2011 in Bowraville.

 

Cr Moran recorded his vote against this resolution as he cannot support additional funds when Council’s funds are low.

 

 

ITEM 8.2           SF270            180811      Costing for each Councillor 2010/2011 (Item 8.2 in the General Purpose Committee)

3035/11 RESOLVED:       (Flack/Ballangarry)

 

That the report on costing for each Councillor for 2010/2011 be received and noted.

 

3036/11 Resolved:       (Court/Flack)

 

1        That consideration be given to the following changes for Council meals at meetings with the main objective to reduce the cost by:

 

i         selection of cold meats and salads for summer months

 

ii        that Chinese meals include a combination of noodles and less prawn dishes

 

iii       Pizza and salad only

 

2        Where appropriate Council staff reduce the duplications in the reports within Summary, Discussion and Attachment sections.

 

 

 

ITEM 9.1           SF1676          180811      2011/2012 Capital Civil Works Program (Item 9.1 in the General Purpose Committee)

3037/11 RESOLVED:       (Court/Flack)

 

That Council receive and note the information on the 2011/2012 Capital Civil Works Program.

 

 

 

ITEM 9.2           SF878            180811      Presentation from the Mid North Weight of Loads Group (Item 9.2 in the General Purpose Committee)

3038/11 RESOLVED:       (Flack/Court)

 

1        That Council receive and note the presentation from the Mid North Weight of Loads Group and write to Mr Gendron thanking him for his presentation.

 

2        That Council undertake a media campaign which outlines the damage and associated costs caused to Council’s road network attributed to overloaded vehicles.

.

 

 

ITEM 9.3           SF593            180811      Nambucca Heads Flood Investigation - Phase 2 Seaview Street Catchment (Item 9.3 in the General Purpose Committee)

3039/11 RESOLVED:       (Court/Flack)

 

1          That Council note the receipt of the Flood Investigation – Phase 2 Seaview Street Catchment Report and presentation.

 

2          That Council receive a further report at the October General Purpose Committee Meeting to consider and establish appropriate drainage design standards based on the information provided in the GHD document.

 

 

 


 

ITEM 9.4           SF741            180811      Paveline Patching Machine - Operation (Item 9.4 in the General Purpose Committee)

3040/11 RESOLVED:       (Court/Flack)

 

1        That the report on the operations of the Paveline for July 2010 to June 2011 be noted.

 

2        That a further report be prepared on the half year period from July 2011 to December 2011 for comparison with the same period in the previous year.

 

3041/11 Resolved:       (Moran/Court)

 

That Council obtain a sample load of patching aggregate from Woolgoolga Quarries to compare with Council’s current aggregate used on bitumen patching works.

 

 

 

ITEM 9.5           SF444            180811      Review on the Nambucca Shire Council Road Hierarchy (Item 9.5 in the General Purpose Committee)

3042/11 RESOLVED:       (Court/Flack)

 

That Council receive and note the presentation on the review of the Nambucca Shire Council Road Hierarchy.

 

 

   

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.07 pm.

 

Confirmed and signed by the Mayor on 1 September 2011.

 

 

 

 

………………………………….

Cr John Ainsworth

DEPUTY MAYOR

(CHAIRPERSON)