NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 15 December 2011

The following document is the minutes of the Council meeting held on 15 December 2011. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 19 January 2012 and therefore subject to change.  Please refer to the minutes of 19 January 2012 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 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 Peter Lott of the Christian Life Church offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

There were no disclosures of interest.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 1 December 2011

 

3287/11 RESOLVED:       (Moran/Smyth)

 

That the minutes of the Ordinary Council Meeting of 1 December 2011 be confirmed.

 

 

 

 

NOTICE OF MOTION - CR Hoban

 

ITEM 5.1      SF1595              151211      Notice of Motion - Speed Limit on Wilson Road - Petition (SF1009)

3288/11 RESOLVED:       (Hoban/Moran)

 

That the Petition for an 80 kph speed limit on Wilson Road be forwarded to the Roads and Maritime Service for consideration.

 

 

 

PUBLIC FORUM AND DELEGATION

 

3289/11 Resolved:       (Ainsworth/South)

 

That Mr Norman Mann be heard in public forum.

 

Public Forum:

i)        Mr Norman Mann on behalf of Residents Action Group White Albatross Holiday Park

 

Mr Mann addressed Council making the following points:

·                Thank Cr Smyth for able assistance given to the group

·                Situation – 150 permanent residents housed

·                51 holiday cabins

·                88 camp sites

·                There may be over 1000 resident at any given time

·                No emergency evacuation plan

·                Consider fire and flood

·                Council to build road over hill to escape, but no plan

·                No warning device

·                Park spread out over vast area

·                Realises not a legal requirement

·                Hoping that Council can assist with changing this and making it mandatory

·                Offered to assist staff to draw up a plan

·                Large group of people, tight, dense housing could lead to disaster

·                Permanents, visitors and staff have the right to be safe

·                Some of the resident have mobility and other disabilities.

 

3290/11 RESOLVED:       (Moran/Ainsworth)

 

That Council work towards the establishment of an evacuation plan for the White Albatross Caravan Park.

 

3291/11 Resolved:       (Hoban/Court)

 

That Council make a submission to the review of the Local Government Manufactured Home Estate Caravan Parks and Camping Grounds regulations requesting a requirement for the provision of a detailed emergency evacuation plan for all occupants.

 

3292/11 Resolved:       (Smyth/Ainsworth)

 

That a report come to Council on the status of the emergency evacuation plan in relation to the Wellington Drive, Nambucca Heads precinct and the development of the track in the sand dunes to Shelly Beach as per the ‘Our Living Coast Program’.

 

 

 

 


PUBLIC FORUM AND DELEGATION continued

 

3293/11 Resolved:       (Ainsworth/South)

 

That Council hear the following delegation:

i)        Mr John Gorrie—for the recommendation.

 

ITEM 10.6    DA2007/231 and DA2007/007 Modification to Remove the Requirement for a Visitors Car Parking Space

 

Mr Gorrie addressed Council making the following points:

·                Acknowledge that current car space is virtually non functional

·                There are no other places on the site to relocate it

·                Very expensive and difficult to amend what is already there

·                Location of that particular space is right in front of Unit 1’s front door – not practical

·                In relation to Units 3 and 4, it is around the street and up the hill to get to the site

·                Relocating kerb has enabled 2 car spaces on top side for Units 3 and 4

·                Up to 12 car spaces on Reed Street for Units 1 and 2 to use

·                Reed Street is a very quiet street as far as traffic movement

·                Sufficient on street parking

 

 

ITEM 10.6    DA2007/007        151211      DA2007/231 and DA2007/007 Modification to Remove the Requirement for a Visitors Car Parking Space

3294/11 RESOLVED:       (Court/Ainsworth)

 

That Condition 22 from the Notice of Consent for DA 2007/007 and Condition 4 from the Notice of Consent for DA 2007/231 relating to the provision of 1 visitor parking space be deleted as requested through the modification application on the basis there is a minimum of 3 carpark spaces per unit and sufficient on street parking available in the local vicinity.

 

For the Recommendation:          Councillors Hoban, Court, Ballangarry, Flack, Smyth, Finlayson, Ainsworth, Moran and South            (Total – 9)

Against the Recommendation:    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.

 

 

 

 


3295/11 Resolved:       (Ainsworth/South)

 

That Item 10.1 from the General Purpose Committee meeting Valla Urban Growth Area - Planning Proposal be brought forward as there were interested parties in the gallery.

 

 

GENERAL PURPOSE COMMITTEE

 

ITEM 10.1         SF1082          151211      Valla Urban Growth Area - Planning Proposal (Item 10.1 in the General Purpose Committee)

3296/11 RESOLVED: (Ainsworth/Finlayson)

 

1           That Council proceed with the Planning Proposal and refer the documents and submissions along with this Council report and resolutions to the Department of Planning and Infrastructure requesting that they seek the making of the Plan by the Minister.

 

2           That those persons/agencies who made submissions be advised of Council's decision.

 

For the Recommendation           Councillors Court, Finlayson, Ainsworth, South, Moran and Hoban                                                                                                                                      (Total 6)

Against the Recommendation     Councillors Ballangarry, Smyth and Flack                          (Total 3)

 

 

 


General Manager Report

 

ITEM 9.1      SF959                151211      Outstanding Actions and Reports

3297/11 RESOLVED:       (Ainsworth/Smyth)

 

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

 

 

 

ITEM 9.2      SF286                151211      Proposed Water Park

3298/11 RESOLVED:       (Ainsworth/Court)

 

That the information be received.

 

 

 

ITEM 9.3      SF42                  151211      Discussion Paper - "Dual Roles: Councillors as Members of Parliament in NSW"

3299/11 RESOLVED:       (South/Finlayson)

 

That the Division of Local Government be advised that in this Council’s opinion, mayors and councillors who are also members of parliament should not be entitled to stand for local government elections.

 

 

 

ITEM 9.4      SF336                151211      Taylors Arm Hall Committee of Management - Minutes of Annual General Meeting - 16 November 2011

3300/11 RESOLVED:       (Flack/South)

 

That Council endorse the Minutes of the Committee of Management for the Taylors Arm Hall Annual General Meeting held on 16 November 2011 and thank the Committee for their continued good work in the past twelve months.

 

3301/11 Resolved:       (Hoban/Moran)

 

That Council write and thank Mr Toby Wright for his long standing contribution – some 35 years - to the Taylors Arm Hall Committee of Management and the Taylors Arm Community.

 

 

 

ITEM 9.5      SF329                151211      Crosswinds Wetlands Nature Reserve Committee of Management - Minutes of Annual general Meeting - 22 September 2011

3302/11 RESOLVED:       (Ainsworth/Ballangarry)

 

That Council endorse the Minutes of the Committee of Management for the Crosswinds Wetlands Nature Reserve’s Annual General Meeting held on 22 September 2011 and thank the Committee for continued good work in the past twelve months.

 

 

 

ITEM 9.6      SF1573              151211      RV Friendly Town - Macksville

Motion:      (Moran/South)

That Council note that Macksville is now officially declared as an RV Friendly Town.

 

Amendment:       (Flack/Court)

 

1        That Council note that Macksville is now officially declared as an RV Friendly Town.

 

2        That Council forward the 300 word article and photos be sent to the Campervan and Motorhome Club of Australia as soon as possible.

 

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

 

3303/11 Resolved:       (Flack/Court)

 

1        That Council note that Macksville is now officially declared as an RV Friendly Town.

 

2        That Council forward the 300 word article and photos to the Campervan and Motorhome Club of Australia as soon as possible.

 

 

 

ITEM 9.7      SF42                  151211      Draft Destination 2036 Action Plan

3304/11 RESOLVED:       (Flack/Ainsworth)

 

That Council make a submission in response to the draft Destination 2036 Action Plan covering the following points:

 

What do you like about the draft Action Plan?

·      Pleased with the attention being provided to financial sustainability and strong relationships

·      A review of current rating provisions is welcomed

·      A review of “red tape” in the Local Government Act is strongly supported

 

In what ways could the Action Plan be improved?

·      A clearer, most consistent statement as to the purpose of the document.  It is variously described as a “blueprint for the changes we all know must occur” and the “opening dialogue in a conversation that the sector will be having throughout 2012 and beyond”.  There is a big difference between the two and its purpose can’t be both.

·      Some of the proposed strategic directions seem to be incorporated without critical review (eg resource sharing) and some initiatives (eg taking advantage of the NBN) will happen without administrative or legislative intervention.

·      It is queried whether there is a good reason to undertake yet another study to update the financial sustainability of local government.

 

Are there other key activities you believe should be included under any of the initiatives?

·      No

 

Do you have any suggestions regarding the proposed process for advancing the Action Plan?

·      No

 

Are you aware of any activities (eg research) currently underway that could directly contribute to the achievement of any of the initiatives or key activities

·      No

 

 

 

ITEM 9.8      SF1077              151211      Museum Advisor - 2011 Annual Report

3305/11 RESOLVED:       (Court/Flack)

 

That the information concerning the annual report from Council’s Museum Advisor be received.

 

 

 

ITEM 9.9      SF690                151211      Determination of Rate Peg for 2012/2013

3306/11 RESOLVED:       (Court/South)

 

That the advice from IPART of the determination of the rate peg for 2012/2013 at 3.6% be received.

 

 


 

ITEM 9.10    SF1560              151211      The Impacts of Rally Australia 2011 on the Nambucca Shire

3307/11 RESOLVED:       (South/Ballangarry)

 

1        That the information concerning the costs and benefits of the World Rally Championship for the Nambucca Valley be received.

 

2        That Council formally thank its Manager Business Development for his pivotal role in organising the community activities which occurred around the World Rally and which contributed to its social success.

 

 

 

ITEM 9.11    SF1604              151211      September 2011 Budget Review

3308/11 RESOLVED:       (Ainsworth/Finlayson)

 

1        That the budget review for the quarter ended 30 September, 2011 be received.

 

2        That the recommended increases and decreases in votes be included as subsequent votes for the financial year 2011/2012.

 

3        That a fence be erected on the boundary of the Macksville Cemetery and Hodge Street and that additional funding of $6,500 be included in the 2011/12 budget.

 

Amendment:       (Flack/Smyth)

 

That Council undertake an on site inspection at the General Purpose Committee meeting in January 2012.

 

The amendment was LOST.

 

 

 

General Manager Report – LATE

 

ITEM 9.12    SF1475              151211      Successful Grant Application - Healthy Communities Initiative for Nambucca Shire

3309/11 RESOLVED:       (Moran/Court)

 

That Council note the Healthy Communities Initiative (Live Healthy Nambucca) to be run in Nambucca Shire. 

 

 

 

ITEM 9.13    SF394                151211      Investment Report to 30 November 2011

3310/11 RESOLVED:       (Moran/Ainsworth)

 

That the Accountants’ Report on Investments placed to 30 November 2011 be noted.

 

 

 

 

ITEM 9.14    LF4966               151211      Request to Waive Section 94 Carparking Shortfall Fees – 22 Wallace Street Macksville - Redevelopment (Old State Bank Building)

3311/11 RESOLVED:       (Finlayson/Court)

 

1        That Council "support in principal" the waiving of the contributions for the shortfall in car parking spaces for the redevelopment of the existing building situated at 22 Wallace Street Macksville for Professional Consulting Rooms.

 

2        That Council's intention to waive the contributions in recommendation 1 above be publicly advertised for a period of at least 28 days pursuant to Sections 610E & 610F of the Local Government Act.

 

3        That the Section 94 Contribution Plans for car parking in both Macksville and Nambucca Heads be reviewed to ensure its relevance with current legislation and identified need.  Further, that the review include the establishment of draft criteria to assist Council when requests for the waiver of the fees are received.

 

4        That the health professional be advised that Council must consider any development application on its merits which will include other considerations as well as public submissions.  As such any advice provided by Council in relation to off street parking requirements cannot be relied upon in the assessment of the development application and that any purchase of the property should be conditional upon development consent being provided with conditions which are reasonable to the purchaser.

 

For the Recommendation           Councillors Hoban, Court, Ballangarry, Flack, Smyth, Finlayson,                                                  Ainsworth, Moran and South         (Total – 9)

Against the Recommendation     Nil                                               (Total – 0)

 

 

 

Director Environment and Planning Report

 

ITEM 10.1    SF1589              151211      Outstanding DA's greater than 12 months, applications where submissions received not determined to 2 December 2011

3312/11 RESOLVED:       (Court/South)

 

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 10.2    SF1148              151211      Contract Regulatory Officer's Report November 2011

3313/11 RESOLVED:       (Flack/Moran)

 

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

 

 

 

ITEM 10.3    SF1589              151211      DEP Applications and Statistical Reports July 2011-June 2012, 2007-2011 and Certificates Received 2007-2011

3314/11 RESOLVED:       (Flack/Moran)

 

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 10.4    SF1614              151211      Minutes of the Access Committee meetings held 25 October 2011 and 22 November 2011

3315/11 RESOLVED:       (Flack/Moran)

 

1        That the location of the 100 km/h speed limit sign on Link Road, near the Pacific Hwy northern intersection to Nambucca Heads be reviewed by the Roads and Maritime Services.

 

2        That a letter be written on behalf of the Access Committee to the Nambucca Heads Golf Club raising the access issues at its entrance.

 

3        That the constitution adopted by the Access Committee be endorsed by Council and that the Common Seal be attached if necessary.

 

 

 


ITEM 10.5    LF967                 151211      Land Filling Lower Nambucca

3316/11 RESOLVED:       (Flack/South)

 

That Council note the ongoing investigations and consideration of alleged "filling" of land at Lot 11 DP 1017408 - 6004 Pacific Highway Lower Nambucca.

 

 

Item 10.6 was dealt with under Delegations.

 

 

 

Director Engineering Services Report

 

ITEM 11.1    SF674                151211      Waste Management – Carbon Tax

3317/11 Resolved:       (South/Court)

 

That Council note the proposed changes to the Clean Energy Bill that affects the carbon price package for smaller landfills set to commence on the 1 July 2012.

 

3318/11 Resolved:       (Moran/South)

 

That Council investigate the possibility of acquiring additional land from NSW Forests to expand Council’s current waste management depot.

 

 

 

ITEM 11.2    SF85                  151211      NSW Rural Fire Service Liaison Committee meeting 21 November 2011

3319/11 RESOLVED:       (Ainsworth/Finlayson)

 

1        That Council receive and note the report on the Rural Fire Service (RFS) Liaison Committee Meeting No.1 -2011/12 held on Monday 21 November 2011.

 

2        That the District Service Agreement be amended as follows:

 

a)   Amend clause 10 (b) and delete the wording “Compulsory third party and insurance in relation to any motor vehicles which form part of the District equipment, except where otherwise agreed in writing between Councils and the Commissioner” and Replace the wording within Clause 10 (b) with –“Compulsory third and comprehensive insurance in relation to any motor vehicles which form part of the District equipment, except for motor vehicles which are listed on the register for RFS “Red Fleet: vehicles or where otherwise agreed in writing between Councils and the Commissioner”

 

b)   Amend clause 10.3 by adding an additional paragraph to read “The Commissioner agrees that the RFS will during the Term, effect and keep current the RFS’s indemnity coverage with the NSW Treasury Managed Fund (the TMF Fund) to provide, in accordance with the terms and conditions of the TMF indemnity, third party liability cover and comprehensive motor vehicle cover in relation to any motor vehicles which form part of the District equipment and are listed on the register of RFS “Red Fleet” vehicles, except where otherwise agreed in writing between Councils and the Commissioner.

 

3        That the General Manager be authorised to sign the amended District Service          Agreement.

 

 

 

ITEM 11.3    RF328                151211      Hawks Road, Newee Creek - Extension of Maintenance

3320/11 RESOLVED:       (Court/Finlayson)

 

1        That Council make an application to the Department of Lands to formally acquire the Crown Road known as Hawks Road, Newee Creek to have the road classified as a public road under the control of Council as the Road Authority.

 

2        That Council designate Hawks Road as follows:

 

          a)      Category 4 within its road hierarchy commencing at the intersection of Birds Road    chainage 0.0 m to chainage 0.9 m being a distance of 900 m

          b)      Category 5 being a track within its road hierarchy commencing at chainage 0.9 to chainage 1.1 being a distance of 200m and note that there is to be no routine maintenance on this section of unformed road in accordance with the road hierarchy definitions.

 

 

 

ITEM 11.4    SF86                  151211      State Emergency Service 2010/11 Annual Report

3321/11 RESOLVED:       (South/Ballangarry)

 

That Council receive and note the State Emergency Service Annual Report for 2010/2011.

 

 

 

ITEM 11.5    T020/2011           151211      Bowraville and Macksville Sewerage Infrastructure Condition Assessment and Inflow/Infiltration Investigation.

3322/11 Resolved:       (Court/Finlayson)

 

1        That Council award Tender No T020/2011 for the Bowraville and Macksville Sewerage Infrastructure Condition Assessment and Inflow/Infiltration Investigation to Regional Australia Infiltration Network (RAIN) in accordance with their tender .

 

2        That Council authorise a budget variation of $40,000 to allow the full cost of the works to be completed including an allowance for any variations that may occur.  The additional funds to be funded from the existing Work Order 1947 (Installation of automatic screening at Bowraville STP) and the total sewerage budget to remain unchanged.

 

3        That Council endorse staff taking all necessary and appropriate action to ensure that any identified cross connections between stormwater and sewer pipes on private property are rectified by the responsible property owners.

 

 

 


Director Engineering Services Report – LATE

 

ITEM 11.6    SF844                151211      Water and Sewerage Project Steering Committee - Recommendations from Meeting on 14 December 2011

3323/11 Resolved:       (Ainsworth/Finlayson)

 

That Council approve the borrowing of the necessary funds to allow for the Tenders for construction of the Bowraville Off River Storage and Associated Works to proceed as programmed subject to confirmation of satisfactory Country Towns Program funding under the Country Towns Water and Sewerage Program in the 2013/2014 financial year.

 

3324/11 Resolved:       (Hoban/Ainsworth)

 

That Council forward a request to the Minister that the Country Towns Program subsidy be on the total cost of the Bowraville Off River Storage as otherwise Council will be penalised for its success in obtaining additional funding from the Federal Government.  The Federal Government funding was necessary to address the Project’s affordability based on the low socio economic profile of the community.

 

  

 

General Purpose Committee REPORT

 

ITEM 9.1           SF1618          151211      Draft Community Strategic Plan (Item 9.1 in the General Purpose Committee)

3325/11 RESOLVED:       (Ainsworth/Finlayson)       (Ainsworth/Finlayson)

 

1        That the draft Community Strategic Plan be placed on public exhibition until Friday 27 January 2012

 

2        That the exhibition comprise 2 advertisements in the Guardian News and a media release with the documents to be available at the front counter of Council’s Administration Centre, at Council’s libraries, and on Council’s website.

 

 

Item 10.1 was dealt with earlier in the meeting.

 

 

 

ITEM 10.2         SF1082          151211      Addendum Report  - Valla Urban Growth Area- Planning Proposal (Item 10.2 in the General Purpose Committee)

3326/11 RESOLVED:       (Ainsworth/Finlayson)

 

That the information contained in this late report be considered in conjunction with Item 10.1 in the General Purpose Committee meeting agenda for the 14 December 2011 meeting.

 

 

 

ITEM 11.1         SF593            151211      Nambucca Flood Investigation – Phase 2 Seaview Street, Nambucca Heads (Item 11.1 in the General Purpose Committee)

3327/11 RESOLVED:       (Finlayson/Ballangarry)

 

That the matter be deferred to the January 2012 General Purpose Committee meeting and also that a site inspection be undertaken.

 

 


 

ITEM 11.2         SF1575          151211      Asset Management Plans Summary (Item 11.2 in the General Purpose Committee)

3328/11 RESOLVED:       (Court/South)

 

1        That Council receive and note the report.

 

2        That the Asset Management Plan Summary be placed on public exhibition with the Community Strategic Plan until 27 January 2012.

 

   

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.45 pm. 

 

Confirmed and signed by the Mayor on 19 January 2012.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)