NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 06 October 2011

The following document is the minutes of the Council meeting held on 6 October 2011. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 20 October 2011 and therefore subject to change.  Please refer to the minutes of 20 October 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 Michael 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

 

Pastor Jon Ventham from the C3 Church offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

The Director Environment and Planning declared a pecuniary interest in Item 8.2 Notice of Motion – Staff Cars, Petrol Cards and Telephones under the Local Government Act as the Director believes the Notice of Motion will potentially breach formal terms of his agreement of employment leading to a significant financial impact and industrial proceedings being brought against Council.  The Director left the meeting for the duration of this Item.

 

The Director Engineering Services declared a pecuniary interest in Item 8.2 Notice of Motion – Staff Cars, Petrol Cards and Telephones under the Local Government Act as the Director believes the Notice of Motion will potentially breach formal terms of his agreement of employment leading to a significant financial impact and industrial proceedings being brought against Council.  The Director left the meeting for the duration of this Item.

 

The General Manager declared a pecuniary interest in Item 8.2 Notice of Motion – Staff Cars, Petrol Cards and Telephones under the Local Government Act as the General Manager believes the Notice of Motion will potentially affect his employment contract.  The General Manager left the meeting for the duration of this Item.

 

Councillor R Hoban declared a non-pecuniary less significant conflict of interest in Item 8.8 Future of Macksville Saleyards under the Local Government Act as Cr Hoban has family members who occasionally sell livestock through Macksville Saleyards.

 

Councillor P Flack declared a non-pecuniary less significant conflict of interest in Item 8.8 Future of Macksville Saleyards under the Local Government Act as Cr Flack has a family member who uses the Saleyards very occasionally and on a small scale (ie 6 to 10 head of cattle every 1 to 2 years.)

 

Councillor JA Ainsworth declared a non-pecuniary significant conflict of interest in Item 8.8 Future of Macksville Saleyards under the Local Government Act as Cr Ainsworth is an office bearer of the NSW Farmers who have made a submission on this issue.  Cr Ainsworth declared a conflict pending a determination by the Department of Local Government.  Cr Ainsworth left the meeting for the duration of this item.

 


DISCLOSURE OF INTEREST continued

 

Councillor ES South declared a non-pecuniary less significant conflict of interest in Item 8.8 Future of Macksville Saleyards under the Local Government Act as Cr South is a Saleyards user. 

 

 

 

 


CONFIRMATION OF MINUTES - Ordinary Council Meeting

15 September 2011

 

3112/11 RESOLVED:       (Moran/Flack)

 

That the minutes of the Ordinary Council Meeting of 15 September 2011 be confirmed.

 

 

 

ITEM 8.1      SF1595              061011      Notice of Motion - Significant Tree Register (SF629)

 

3113/11 MOTION:   (Flack/Smyth)

 

That the introduction of a significant tree register be included, for discussion in the upcoming report to Council regarding management of native vegetation on public land in the Shire and that the report be received as soon as possible.

 

The Motion was LOST.

 

 

 

 


The General Manager, Director Environment and Planning and the Director Engineering Services left the meeting for this Item at 5.44 pm and returned after the conclusion at 5.52 pm.

 

ITEM 8.2      SF1595              061011      Notice of Motion - Staff Cars, Petrol Cards and Telephones (SF790)

 

Motion:      (Moran/Finlayson)

 

1        That Council take all car petrol cards, telephones (mobile or standard) from staff.

 

2        That Council build up a compound of cars and these cars be used by staff from the compound.

 

Amendment:       (Ainsworth/Moran)

 

That these issues be considered by a report to Council regarding a more efficient way of having cars in the car pool and also report if there are more cost effective communication methods other than the use of mobile phones.

 

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

 

3114/11 Resolved:       (Ainsworth/Moran)

 

That these issues be considered by a report to Council regarding a more efficient way of having cars in the car pool and also report if there are more cost effective communication methods other than the use of mobile phones.

 

 

 


 


ITEM 8.3      SF1595              061011      Notice of Motion - Councillor Consultation and Reading Time

3115/11 RESOLVED:       (Flack/Court)

 

1        That for draft Plans of Management and planning proposals, the same process of Councillor consultation applies as that used for draft policy development and policy reviews, that is that Councillors receive the drafts for comment at least 21 days prior to a General Purpose Committee and return comments in sufficient time (as stipulated on the respective memoranda) for staff to process them and include in the General Purpose Committee business papers.

 

2        That for significant planning items eg VUGA, IWCM, that involve large documents additional to reports, Councillors will receive the documents either in hard or electronic copy at least 21 days prior to the meeting at which a decision is to be made and that the item comes first to a General Purpose Committee meeting to allow adequate discussion.

 

3       That the arrangements in recommendations 1 and 2 above be followed by relevant staff members unless adequate justification for a variance can be demonstrated.

 

4        That these arrangements be trialled for a six month period.

 

 

 

 


DELEGATIONS

 

RESOLVED: (Ainsworth/Court)

 

That the following delegations be heard:

 

ITEM 8.8      SF15  061011         Future of the Macksville Saleyards - Outcome of Saleyard Forum

i)        Mr Sean Davis—Cattle producer and concerned resident

ii)       Mr Michael Ettelson—on behalf of the Showground Grounds Committee

 

Cr Ainsworth left the meeting for this Item at 6.10 pm and returned after the conclusion of this item at 6.48 pm.

 

Mr Davis (certified structural engineer and auditor) addressed Council making the following points:

·    Had prepared a letter which was given to Councillors before this meeting, based on the Saleyards Risk Report

·    Has inspected thousands of assets in the last 15 years

·    Was not satisfied that all findings in Council’s report were properly supported – serious issues with assessments eg the fire alarm system

·    Shows conclusions without supporting documentation or incorrect support

·    Council needs to have a competent person within Council look at the report and question how report is prepared (normal audit process: prior, during and after report)

·    Report should be reviewed

·    Stated that he has no personal interest in whether the Saleyards stay open or close.

 

Mr Michael Ettelson (President of the NRAS) addressed Council making the following points:

 

·    Has a comprehensive understanding of how saleyards operate

·    Has comprehensive understanding of OH&S issues relating to the Saleyards

·    Apologised for absence of Mr John Harris

·    New Board met on 26 September 2011 with a number of recommendations (a copy of which is placed on Council’s file SF15)

·    Saleyards are constantly being used by the community

·    Showground and Saleyards are the heart of the rural community

·    Moving forward on potential acquisition of this facility from Council

·    In 2012 the Showground will celebrate 100 years.


 

ITEM 8.8      SF15                  061011      Future of the Macksville Saleyards - Outcome of Saleyard Forum

 

3116/11 Resolved:       (Finlayson/Court)

 

That Council defer this matter for a period of four months (GPC meeting in February 2012) until a decision from the Showground Committee is provided to Council in time for inclusion in the report to Council for that meeting.

 

3117/11 Resolved:       (Hoban/Court)

 

That at the first available General Purpose Committee meeting that suits G J Kennedy that Council and G J Kennedy undertake an inspection of the Saleyards.

 

3118/11 Resolved:       (Hoban/Court)

 

That a report come to Council on a revised program for an environmental levy for 2012/13 and beyond which includes using rural and rural residential components of the environmental levy to address environmental issues at the Saleyards so that it may advertised for public comment and be incorporated in Council’s application for a special rate variation.

 

3119/11 Resolved:       (Flack/Court)

 

That Council note the petition with over 2,000 signatures.  The petition states that: the Macksville Saleyards (being part of the Nambucca Shire Showground facility) is an essential community facility and must remain open and operational.  We the undersigned are strongly opposed to the closure of the Macksville Saleyards.”

 

 

 

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’S REPORTS

 

ITEM 8.4      SF959                061011      Outstanding Actions and Reports

3120/11 Resolved:       (Finlayson/Moran)

 

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

 

3121/11 Resolved:       (Flack/Smyth)

 

1        That, in relation to Item 29, Council write to the Office of Environment and Heritage and request the reintroduction of first home saver program.

 

2        That this be put on next MIDGOC agenda.

 

3        That this matter be forwarded to the next ‘A’ Division Conference for a motion requesting that other councils take similar action.

 


 

ITEM 8.5      SF355                061011      Tabling of Returns Disclosing Interests of Councillors and Designated Persons - October 2011

3122/11 Resolved:       (Flack/Smyth)

 

That the returns disclosing interests of Councillors and designated persons, for the period ended 30 June 2011, be tabled.

 

 

 

ITEM 8.6      SF1076              061011      Annual Report on Code of Conduct Complaints

3123/11 RESOLVED:       (Finlayson/Flack)

 

That the information concerning Code of Complaints during 2010/2011 be received.

 

 

 

ITEM 8.7      SF136                061011      Comparative Information on NSW Councils 2009/2010

3124/11 RESOLVED:       (Flack/Ballangarry)

 

That the information concerning the comparative information on NSW Councils for 2008/2009 be received.

 

 

ITEM 8.8 was dealt with under Delegations.

 

 

 

ITEM 8.9      SF15                  061011      Destination 2036 Outcomes Report

3125/11 RESOLVED:       (Ainsworth/South)

 

That the information concerning the Destination 2036 Outcomes Report and Circular to Councils be received.

 

 

 

ITEM 8.10    SF42                  061011      New Guidelines for the Preparation of Applications for Special Rate Variations

3126/11 RESOLVED:       (South/Smyth)

 

That the information concerning the new guidelines for the preparation of applications for special rate variations in 2012/2013 be received.

 

 

 

ITEM 8.11    SF1538              061011      Classification of Land - Lot 2382 DP 1166483 Bellingen Road, Bowraville

3127/11 RESOLVED:       (Finlayson/Ainsworth)

 

That Lot 2382 DP 1166483, Bellingen Road, Bowraville be classified as Operational Land pursuant to and in accordance with the Local Government Act 1993.

 

 


 

ITEM 8.12    SF1389              061011      Grant Application Status Report - 23 September 2011

3128/11 RESOLVED:       (South/Court)

 

That the list of grant applications and their status to 23 September 2011 be received.

 

 

 

ITEM 8.13    SF323                061011      Nambucca Entertainment Centre Committee of Management AGM - 14 September 2011

3129/11 RESOLVED:       (Ainsworth/Flack)

 

That Council endorse the minutes of the Committee of Management for the Nambucca Entertainment Centre’s Annual General Meeting held on 14 September 2011, and thank the outgoing Committee for their work in the past twelve months.

 

 

 

ITEM 8.14    SF588                061011      Nambucca District Historical Society Committee of Management - Minutes of AGM 16 August 2011

3130/11 RESOLVED:       (South/Flack)

 

That Council endorse the minutes of the Committee of Management for the Nambucca District Historical Society’s Annual General Meeting held on 16 August 2011, and thank the outgoing Committee for their work in the past twelve months.

 

 

 

Director Environment and Planning Report

 

ITEM 9.1      SF1589              061011      Outstanding DA's in excess of 12 months, applications where submissions received not determined to 23 September 2011

3131/11 RESOLVED:       (Flack/Ballangarry)

 

1        That the list of outstanding development applications (in excess of 12 months old) 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 9.2      SF1589              061011      DA's and CDC's Received and Determined under Delegated Authority to 26 September 2011

3132/11 RESOLVED:       (Ainsworth/Finlayson)

 

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

 

 


 

ITEM 9.3      DA2011/053        061011      Development Application 2011/053 Alterations and Additions to Existing Seniors Living and Aged Care Facility at 17-23 Piggott Street, Nambucca Heads

3133/11 RESOLVED:       (Flack/South)

 

That Council approve Development Application 2011/053 for Alterations and Additions to an Existing Seniors Living and Aged Care Facility at 17-23 Piggott Street, Nambucca Heads, subject to the recommended conditions.

 

For the Motion:                Councillors Court, Ballangarry, Flack, Smyth, Finlayson, Ainsworth, Moran,

                                      South and Hoban    (Total 9)

Against the Motion:          Nil

 

 

 

ITEM 9.4      SF1541              061011      Report Various Planning Proposals and LEP amendments

3134/11 RESOLVED:       (Ainsworth/Finlayson)

 

1        That Council note LEP Amendment No 1 for Public Land Reclassification from community to operational land at the following parcels is expected to be made shortly:

 

·           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 (Eungai Pre-school)

         

          Further, that when the plan is made Council notify any persons who made submissions to the amendment confirming that the reclassification has been made.

 

2        That Council note LEP Amendment No 2 Floor Space Ratio amendments at Matthew Street, Scotts Head was made on 12 August 2011 and is now operative and Council notify any persons who made submissions to the amendment confirming that the amendment has been made.

 

3        That Council note LEP Amendment No 3 for anomalies at Short Street, Nambucca Heads and Uriti Road, Macksville was made on 12 August 2011 and is now operative and Council notify any persons who made submissions to the amendment confirming that the amendment has been made.

 

4        That Council note the Gateway Determination from the Department of Planning for LEP Amendment No 5 for Council owned land in Railway Road, Nambucca Heads, and that Council proceed to exhibit the Planning Proposal as B7 - Business Park zone with an addendum including a height restriction limiting development on the land to 10m in height.

 

 

 

ITEM 9.5      SF135                061011      Report on Draft Supplementary State of the Environment Report 2010-2011

3135/11 RESOLVED:       (Smyth/Ainsworth)

 

1        That the draft 2010/2011 Supplementary State of the Environment Report be placed on public exhibition for a period of twenty eight (28) days from 13 October 2011 to 10 November 2011.

 

2        That at the conclusion of the exhibition period, a further report in response to any submissions received, be prepared and presented to Council prior to the adoption of the Draft Supplementary State of the Environment Report for 2010/2011, and referral to the Department of Local Government as required by 30 November 2011.

 

 

 


Director Engineering Services Report

 

ITEM 10.1    RF313                061011      Status of Fox's Road and access to proposed crematorium

3136/11 RESOLVED:       (Finlayson/Flack)

 

That Council advise the Crown Lands Division (Far North Coast) that it is willing to take over control and administration of Lot 7300 DP 1120505 if it is gazetted as Public Road.

 

 

 

ITEM 10.2    SF408                061011      Access across Crown Land - Old Coast Road, North Macksville

3137/11 RESOLVED:       (Moran/South)

 

That Council advise the Crown Lands Division (Far North Coast) that it concurs ‘in principle’ to Council acquiring the subject Crown Land, being Lot 7309 DP1150722, for the purposes of the Roads Act 1993, and  provided that the land is transferred to Council at no cost.

 

 

 

ITEM 10.3    RF468                061011      Closure and Realignment of Higginbotham Road, Upper Taylors Arm

3138/11 RESOLVED:       (Moran/Ainsworth)

 

1        That Council agree to the closure and sale to Mr A & Mrs D Tarrant of that part of Higginbotham Road as shown on the plan attached to this report (subject to survey) provided that:

 

          Mr & Mrs Tarrant enter into a formal and binding agreement with Council undertaking to:

 

(a)      Pay all costs associated with the closure and sale including (but not limited by) survey, legal, valuation and Council fees.

 

(b)      After the road closure has been finalised consolidate the title of the closed road with their existing holding creating one (1) lot.

 

2        That Council open a road 20 metres wide over that part of the formation of Higginbotham Road which encroaches upon lot 33 DP661822 owned by Mr G & Mrs D Desmond and any costs associated with the road opening be paid by Mr & Mrs Tarrant including (but not limited by) survey, legal, valuation and Council fees.

 

 

 

ITEM 10.4    SF1103              061011      Nambucca District Water Supply Off River Storage Project - Storage Access Road

3139/11 RESOLVED:       (Ainsworth/Finlayson)

 

1        That Council notify Crown Lands of its intention to upgrade Bobo Road to serve as an access road to the proposed off river storage site.

 

2        That Council make an application to Crown Lands for the road to be closed so that it becomes a private access road for the benefit of Council.

 

3        That Council create a right of carriageway over the private road to benefit the property that currently uses the road for access.

 

 


 

ITEM 10.5    SF1669              061011      Nambucca District Water Supply - Project Management for the Construction Phase of Project

3140/11 RESOLVED:       (Court/Ballangarry)

 

1        That Council accept the fee proposal received from NSW Public Works to provide project management services for the construction contract for the Off River Storage Project.

 

2        That Council advise NSW Public Works that the acceptance is conditional on Council securing State and Federal Government funding for the project and also on Council resolving to proceed with construction.

 

NoteCr Moran requested that his vote be recorded as against this resolution because he believes ‘we are jumping the gun’.

 

    

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.35 pm.  

 

Confirmed and signed by the Mayor on 20 October 2011.

 

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)