NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 3 November 2011

The following document is the minutes of the Council meeting held on 3 November 2011. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 17 November 2011 and therefore subject to change.  Please refer to the minutes of 17 November 2011 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth (arrived at 5.50 pm)

Cr Martin Ballangarry OAM

Cr Janet Court

Cr Brian Finlayson (arrived at 5.55 pm)

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 John Viles from the Salvation Army offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

The General Manager declared a pecuniary interest in Item 8.2  Changes to Car Fringe Benefits Rules and Use of Telephones under the Local Government Act as the report relates to his remuneration benefits.  The General Manager left the meeting for the duration of this item.

 

The Director Environment and Planning and the Director Engineering Services declared a pecuniary interest in Item 8.2 Changes to Car Fringe Benefits Rules and Use of Telephones under the Local Government Act as the report will potentially breach formal terms of agreements of employment leading to a significant financial impact and industrial proceedings being brought against Council.  The Director Environment and Planning and the Director Engineering Services left the meeting for the duration of this item.

 

Councillor PF Flack declared a non-pecuniary less significant conflict of interest in Item 8.5 Macksville Saleyards Workcover Assessment under the Local Government Act as Cr Flack has a family member who occasionally uses the Saleyards. 

 

Councillor R Hoban declared a non-pecuniary less significant conflict of interest in Item 8.5 Macksville Saleyards Workcover Assessment  under the Local Government Act as Cr Hoban has family members who sell cattle through the Saleyards.

 

Councillor E. South declared a non-pecuniary less significant conflict of interest in Item 8.5 Macksville Saleyards Workcover Assessment under the Local Government Act as Cr South buys and sells through the Saleyards.

 

Councillor JA Ainsworth declared a non-pecuniary significant conflict of interest in Item 8.5 Macksville Saleyards Workcover Assessment under the Local Government Act as Cr Ainsworth is an elected member of NSW Farmers who have submitted a submission regarding the future of the Saleyards and he is still awaiting a legal opinion from the Department of Local Government.  Cr Ainsworth left the meeting for the duration of this item.

 

 

 

 


CONFIRMATION OF MINUTES - Ordinary Council Meeting

20 October 2011

 

3187/11 RESOLVED:       (Moran/South)

 

That the minutes of the Ordinary Council Meeting of 20 October 2011 be confirmed.

 

 

 

NOTICE OF MOTION - CR Hoban – LATE

 

ITEM L.1      SF1595              031111      Notice of Motion - Clarence Regional Library (SF29)

3188/11 RESOLVED:       (Hoban/Flack)

 

1        That in light of the new information to hand, Council reverse its previous decision and not sign the new agreement, for the Clarence Regional Library Service (CRL) and request a distribution of net assets back to this Council as per Schedule 3 of the 2006 agreement.  This is to include the distribution of the reserve as reported in the agenda to the CLR Advisory Committee meeting for 4 November 2011 excluding the proposed expenditure of unallocated reserves.

 

          Further that Council request the CRL for access to its digital database to enable this Council to establish its own library software system.

 

2        That the accumulated cash surplus to be returned to Council be applied to establishing this Council’s libraries as a stand alone service.

 

 

 

PUBLIC FORUM AND DELEGATIONS

 

3189/11 Resolved:       (Flack/Court)

 

That the following Public Forum and Delegations be heard:

 

Ms Robyn McDonald—Deer Hill Road Purchase Of Crown Road

 

Mrs Joy Sheather concerned resident—Item 8.5:

          Macksville Saleyards - Invitation to WorkCover to review the Saleyard Risk Assessment and advise on what is reasonably practicable under the Work Health and Safety Act 2011

 

Public Forum:

 

Ms McDonald addressed Council making the following points:

·                     Tabled copies of plans and articles which are on file

·                     Representing four groups of residents currently being serviced by this Road

·                     Another resident on the Crown Road is taking steps to purchase the Road

·                     Wishes Council to take over responsibility of Deer Hill Road

·                     Unrealistic conditions proposed for a right of way

·                     Took over 18 months to receive information from a meeting

·                     Crown road fenced in and in some parts so narrow

·                     Problems with boundary fence maintenance

·                     Who is responsible for road with heavy machinery using it?

·                     Eager to have whole road named Deer Hill Road as have disabled person living with them and this would make it easier for emergency services to locate their home

·                     There are no 6 metre easements in some parts of the Road

·                     Ask that Council advise Lands Department that it is willing to name the road as Deer Hill Road

 

3190/11 Resolved:       (Court/South)         (SF408)        031111         Acquisition of Part or All of

          Deer Hill Road

 

That Council immediately contact Department of Lands stating that Council will take over Deer Hill Road with maintenance cost of the road being kept at a reasonable level.

 

NoteCr Moran requested that his vote be recorded as against this resolution as he believes this will open up a can of worms.

 

 

3191/11 Resolved:       (Flack/Hoban)        (SF408)        031111         Acquisition of Part or All of

          Deer Hill Road

 

That Council write to the Minister highlighting the problems associated with this matter and the Lands Department for allowing part of a Crown road being sold to one land owner without the approval of other affected property owners.

 

 

 


Delegation:

 

Cr Ainsworth left the meeting at 6.12 pm and returned after the conclusion of the Item 8.5 at 6.30 pm.

 

Mrs Sheather addressed Council by reading a report a copy of which is on file SF15.

 

ITEM 8.5      SF15                  031111      Macksville Saleyards - Invitation to WorkCover to review the Saleyard Risk Assessment and advise on what is reasonably practicable under the Work Health and Safety Act 2011

Motion:      (South/Flack)

 

That the WorkCover Authority of NSW be invited to review the Macksville Saleyards and the Saleyard Risk Assessment and provide advice on what they believe is reasonably practicable in order to satisfy Council’s obligations under the Work Health and Safety Act 2011.

 

Amendment:       (Finlayson/South)

 

1        That the WorkCover Authority of NSW be invited to review the Macksville Saleyards and the Saleyard Risk Assessment and provide advice on what they believe is reasonably practicable in order to satisfy Council’s obligations under the Work Health and Safety Act 2011.

 

2               That, in addition, Council seek an opinion from the Environmental Protection Authority on the work required to address the environmental issues.

 

3               That Councillors be advised of the date and time of an audit by the Departments so that they may be available to hear first hand of any problems.

 

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

 

3192/11 Resolved:       (Finlayson/South)

 

1        That the WorkCover Authority of NSW be invited to review the Macksville Saleyards and the Saleyard Risk Assessment and provide advice on what they believe is reasonably practicable in order to satisfy Council’s obligations under the Work Health and Safety Act 2011.

 

2        That, in addition, Council seek an opinion from the Environmental Protection Authority on the work required to address the environmental issues.

 

3        That Councillors be advised of the date and time of an audit by both Departments so that they may be available to hear first hand of any problems.

 

 

 

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 ReportS

 

ITEM 8.1      SF959                031111      Outstanding Actions and Reports

3193/11 RESOLVED:       (Flack/Court)

 

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

 

 

 

3194/11 RESOLVED:       (Flack/Court)          SF1268        031111         Our Living Coast Project

 

That Item 9.3 be brought forward as there were people in gallery who were interested in this matter.

 

 

ITEM 9.3      SF1268              031111      Our Living Coast - Project Update

3195/11 RESOLVED:       (Flack/Court)

 

That Council note the progress of the “Our Living Coast” sustainability initiative, that is being conducted in partnership with Coffs Harbour City Council and Bellingen Shire Council, with funding from the NSW Environmental Trust.

 

 

 

The General Manager, Director Environment and Planning and the Director Engineering Services left the meeting at 6.42 pm and returned after the conclusion of the Item at 6.55 pm.

 

ITEM 8.2      SF523                031111      Changes to Car Fringe Benefits Rules & Use of Telephones

3196/11 RESOLVED:       (Moran/South)

 

1      That leaseback fees be increased by 10% per year for 5 years.

 

2      That salary packaging of motor vehicles be discontinued for all new staff where a Council motor vehicle incorporating private use is provided as part of their employment.  In all circumstances the employee is to be required to enter into Council’s standard leaseback agreement.

 

3     That the following amendments be made to Council’s Sustainable Fleet and Plant Policy:

·      Add the Australian Taxation Office’s definition of “base value”

·      Change environmental performance score from 12/20 to 13.5/20

·      Change “The purchase of motor vehicles to be determined by the Manager Civil Works” to “The purchase of motor vehicles to be determined by the General Manager

·      Change “base price” and “capital cost” to “base value

 

4     That agreement be sought for the “base value” of Council motor vehicles to be reduced from the current maximum of $36,000 to a new maximum of $30,000 (for either a new or second hand vehicle) and be reviewed annually.

 

5     That Clause 6 of Council’s Agreement for Private Use of a Council Motor Vehicle be amended to read as follows: “The Vehicle shall form part of Council’s car pool and shall be available for Council use during normal working hours except when the Employee is absent on approved leave (or rostered days off).”

 

6     That Clause 7 of Council’s Agreement for Private Use of a Council Motor Vehicle be amended to read as follows: “The Vehicle may only be driven by the Employee, an authorised officer of the Council or an Employee’s immediate family member, including learner drivers but excluding provisional licence holders (P-platers); with the exception that another licenced driver may drive the Vehicle in an emergency.”

 

7     That as leases fall due for renewal, Council reverts to purchasing its motor vehicle fleet instead of leasing.

 

8     That Council seek quotations from at least three licensed motor vehicle dealers in the Nambucca Valley to source good quality second hand motor vehicles at auction and arrange for their delivery to Council’s Works Depot.

 

 

 

ITEM 8.3      SF611                031111      Local Government Amendment Bill 2011

3197/11 RESOLVED:       (Moran/Ainsworth)

 

That the information concerning the Local Government Amendment Bill 2011 be received.

 

 

 

ITEM 8.4      SF114                031111      United Services Union - Concerns for the future of Local Government in NSW and Seeking a Response to a Series of Questions

3198/11 RESOLVED:       (South/Court)

 

That Council thank the United Services Union for their support of NSW Local Government and for their concerns for its future.  Further, the Union be advised that until such time as reform proposals are put to councils it would be premature to respond to the survey.

 

 

Item 8.5 was dealt with under Delegations.

 

 

 

ITEM 8.6      SF938                031111      Licence to United Christian Broadcasters Australia Limited for Installation of Radio Transmitters on Council Water Reservoirs

3199/11 RESOLVED:       (Ainsworth/Finlayson)

 

1          That Council grant a licence for a period of 5 years to United Christian Broadcasters to install and operate an FM transmitter on the Bellingen Street water reservoir, Nambucca Heads for the purposes of relaying radio programs for the Vision FM station on terms deemed necessary by Council’s legal advisor or as agreed between the parties.

 

2          That Council grant a licence for a period of 5 years to United Christian Broadcasters to install and operate an FM transmitter on the Wallace Street water reservoir, Macksville for the purposes of relaying radio programs for the Vision FM station on terms deemed necessary by Council’s legal advisor or as agreed between the parties.

 

3          That Council grant a licence for a period of 5 years to United Christian Broadcasters to install and operate an FM transmitter on the Herborn Drive water reservoir, Bowraville for the purposes of relaying radio programs for the Vision FM station on terms deemed necessary by Council’s legal advisor or as agreed between the parties.

 

4          That the General Manager and the Mayor be authorised to conclude negotiations between the Council and United Christian Broadcasters on the licence fee and terms of the proposed license for the installation of FM transmitters by United Christina Broadcasters to the Bellingen Street, Wallace Street and Herborn Drive water reservoirs and that the Council seal be authorised to be affixed to the licence documents as necessary.

 

5          That prior to the terms of the lease being finalised United Christian Broadcasters shall be required to engage an independent EME consultant to undertake an assessment of the proposed installation to ensure that the OH&S conditions on site are not compromised and to update or produce a new Radio Communications Site Management Book on completion of the installation.

 

 

6          That the installations are installed in accordance with the EME consultants recommendations with minimal impact on water supply operations and maintenance activities and to the approval of Council’s Manager Water and Sewerage.

 

7          That Council receive from the Property Officer a draft policy for future licensing for water reservoir space

 

 

ITEM 8.7      SF42                  031111      Position Paper on Review of the Model Code of Conduct for Local Councils

Motion:      (Moran/Ballangarry)

 

That Council make a submission on the Position Paper for the Review of the Model Code of Conduct suggesting that the proposal that Councillors should not meet with developers alone to discuss development applications or proposals be reframed to the effect that Councillors should not meet with any person or group alone to discuss a development application or proposal.

If this suggestion is not accepted by the DLG, then it be requested to define a “developer”, a “meeting” and a “proposal”.

 

The motion was LOST.

 

3200/11 Resolved:       (Finlayson/Ainsworth)

 

1        That Council make a submission requesting that the proposed Code of Conduct provision “to prohibit a development meeting that Councillors alone” be removed absolutely from the position paper.

 

2        That Council make a submission requesting that the proposed Code of Conduct provision also delete 4.1.6 (third point) of page 9 concerning staff and Councillors not being able to discuss industrial issues and other matters with each other, be deleted. 

 

 

ITEM 8.8      SF1555              031111      Review of Organisation Structure

3201/11 RESOLVED:       (Moran/Finlayson)

 

1        That the position of Manager Planning and Assessment be deleted from Council’s organisation structure.

 

2        That Council defer its decision on replacement of the Manager Planning and Assessment position with another, lower-graded position or otherwise until completion of the independent organisation review.

 

3        That no further action be taken in relation to current vacancies until completion of the independent organisation review.

 

 

ITEM 8.9      SF1389              031111      Grant Application Status Report - 25 October 2011

3202/11 RESOLVED:       (Court/Finlayson)

 

That the list of grant applications and their status to 25 October 2011 be received.

 

3203/11 Resolved:       (Flack/Finlayson)

 

That, in relation to the proposed water theme park at Bellwood Park, Council receive a report on the project including the design, the process, flooding impacts and power source and total costs for construction and ongoing maintenance and running.

 

 

 

The meeting adjourned at 7.41 pm.

The meeting resumed at 8.09 pm.

 

 

ITEM 8.10    SF309                031111      Bowraville Folk Museum Committee of Management - Minutes of Annual General Meeting - 11 October 2011

3204/11 RESOLVED:       (Court/Flack)

 

That Council endorse the Minutes of the Committee of Management for the Bowraville Folk Museum’s Annual General Meeting held on 11 October 2011 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

ITEM 8.11    SF1077              031111      Museum Advisor Program

3205/11 RESOLVED:       (South/Finlayson)

 

That Council continue its grant funding agreement for the Museum Advisor Program for the 2011/2012 financial year being the fourth year of the program, but advise the local museums, Museum and Galleries NSW and Ms Joan Kelly that this is likely to be the final year of the program.

 

 

 

ITEM 8.12    SF298                031111      Argents Hill Hall Committee of Management - Annual General Meeting - 17 October 2011

3206/11 RESOLVED:       (Ainsworth/Ballangarry)

 

That Council endorse minutes of the Committee of Management for Argents Hill Hall’s Annual General Meeting held on 17 October 2011, and thank the outgoing Committee for their work in the past twelve months. And further, that Council congratulates the Committee of Management on its achievement in renovating the Hall.

 

 

 

ITEM 8.13    PRF53                031111      Proposed War Memorial - Foreshore Park, River Street, Macksville

3207/11 RESOLVED:       (South/Ainsworth)

 

That the Macksville RSL Sub-Branch be advised that Council is not opposed to the establishment of a War Memorial in the River Street foreshore park as per the circularised plan subject to work being fully funded by the applicant.

 

 


 

ITEM 8.14    SF841                031111      Status of Pacific Highway Upgrade

3208/11 RESOLVED:       (Finlayson/Hoban)

 

That Council make urgent and persuasive representations to its Local Member and Deputy Premier the Hon Andrew Stoner MP as well as the Roads and Traffic Authority that the Nambucca Heads to Urunga upgrade of the Pacific Highway be the next section of Highway which is committed to construction.

 

3209/11 Resolved:       (Hoban/Flack)

 

That Council write to the Local Member and Deputy Premier to request that the promised brifen wire be installed between Nambucca Heads and Urunga as part of the recent safety improvements which followed the recent Safety Audit of the Highway between Nambucca Heads and Urunga.   And further, that the RTA be again requested to reduce the speed at the Pacific Highway northern intersection into Nambucca Heads to 80 kmph.

 

 

 

General Manager Report – LATE

 

ITEM 8.15    SF1668              031111      September 2012 Local Government Elections

3210/11 RESOLVED:       (Moran/South)

 

1        Council appoint the NSW Electoral Commission to undertake the 2012 Council election.

 

2        Council advise the NSW Electoral Commission that it would be interested in sharing a Returning Officer with Bellingen and/or Kempsey Shire Councils as a means of reducing the cost of the election.

 

 

 

Director Environment and Planning Report

 

ITEM 9.1      SF1589              031111      DA's and CDC's Received and Determined under Delegated Authority to 21 October 2011

3211/11 RESOLVED:       (Ainsworth/South)

 

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

 

 

 

ITEM 9.2      SF1541              031111      Planning Proposal Rural Tourist Accommodation and Secondary Dwellings

3212/11 RESOLVED:       (Court/Finlayson)

 

1        That Council resolve to amend the Nambucca LEP 2010 to:

 

                a     Allow ‘Tourist and Visitor Accommodation’ as permissible with consent in the RU1 Primary Production, RU2 Rural Landscape and R5 Large Lot  Residential Zones but prohibit the land uses ‘backpackers accommodation’, ‘hotel and motel accommodation’ and ‘serviced apartment’.

 

            b     Limit the size of secondary dwellings to 50% of the size of the Primary Dwelling.

 

            c      To allow secondary dwellings as a use that is permitted with consent within the RU1 Primary Production and RU2 Rural Landscape Zones.

 

2          That, pursuant to Clause 55 of the Environmental Planning and Assessment Act 1979, Council staff prepare planning proposals that give effect to the above proposed amendments in accordance with Clause 56 of the Act, the Planning Proposals be forwarded to the Minster for Gateway Determination.

 

3          That in the event that the Department of Planning and Infrastructure require minor changes or modifications to the above resolutions, the General Manager be authorised to concur with the required changes provided Council's intent in the above resolutions are achieved.

 

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

                                      Moran, South and Hoban. (Total: (9)

Against the Motion:          (Total: NIL   )

 

 

 

Item 9.3 was dealt with earlier in the meeting.

 

 

 

 


3213/11 RESOLVED:       (Court/Flack)

 

That the recommendations in Item 9.4 below be dealt with individually.

 

 

ITEM 9.4      DA2011/131        031111      DA 2011/131 - Awning Additions to Valla Beach Tennis Club, Thompson Street, Valla Beach

3214/11 RESOLVED:       (Flack/South)

 

That Development Application 2011/131 for Awning Additions to the Valla Beach Tennis Club be approved subject to the recommended conditions.

 

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

                                       Moran, South and Hoban.                   (Total: (9)

Against the Motion:          (Total: NIL   )

 

Motion:      (Ainsworth/Finlayson)

 

2        That the delegation to the General Manager numbered 8.4 (e) be amended as follows:

 

          (e)      Applications on land owned or under the care and control of Council with a construction value

                    in excess of $50,000.

 

The motion was LOST.

 

 

 

ITEM 9.5      SF1541              031111      Planning Proposal - Lot 1 DP 80572 Egan Street Macksville

Motion:      (Flack/Ballangarry)

 

That the Planning Proposal not be supported at this time as:

 

·      flood modelling in the area is presently being up dated to comply with state government policies and guidelines;

 

·      Council is yet to prepare a Local Growth Management Strategy - Residential Land and preliminary estimates indicate there is sufficient residential land available in Macksville and the proposed Future Growth Area of South Macksville/Congarinni for the medium term;

 

·      the proposed residential area has insufficient area to accommodate buffers to rural land and still provide feasible residential development.

 

Amendment:       (Moran/Ainsworth)

 

That Council conduct a site inspection of Lot 1 DP 80572 Egan Street Macksville.

 

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

 

3215/11 Resolved:       (Moran/Ainsworth)

 

That Council conduct a site inspection of Lot 1 DP 80572 Egan Street Macksville and that site levels be provided.

 

 

 

ITEM 9.6      SF1589              031111      Outstanding DA's Greater Than 12 months, Applications Where Submissions Received Not Determined to 21 October 2011

3216/11 RESOLVED:       (Ainsworth/Finlayson)

 

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 9.7      SF1541              031111      Planning Proposal Lots 11 & 12 DP 101740 and Lot 2 DP 514920 Pacific Highway Lower Nambucca

3217/11 RESOLVED:       (Court/South)

 

That no further action be taken with this with respect to this planning proposal at this time and that further investigation may be undertaken when staff are able to prepare a Local Growth Management Strategy – Residential Lands.

 

For the Motion:                 Councillors Court, Ballangarry, Flack, Smyth, and South    (Total 5)

 

Against the Motion:          Councillors Finlayson Ainsworth Moran and Hoban   (Total 4)

 

    

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 9.30 pm. 

 

Confirmed and signed by the Mayor on 17 November 2011.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)