NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 02 February 2012

 The following document is the minutes of the Council meeting held on 2 February 2012.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 16 February 2012 and therefore subject to change.  Please refer to the minutes of 16 February 2012 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr Janet Court

Cr Martin Ballangarry OAM

Cr Paula Flack

Cr Brian Finlayson

Cr Elaine South

Cr Mike Moran OAM

Cr Anne Smyth

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Greg Meyers (Director Environment & Planning)

Paul Gallagher (Director Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

APOLOGY

Cr John Ainsworthon approved leave

 

 

PRAYER

 

Rev Ros Johnson, Anglican Church, offered a prayer on behalf of the Nambucca Minister's Association.

 

 

CITIZENSHIP CEREMONYMr Antony Martin

 

Mr Martin received his Australian Citizenship Certificate after a ceremony conducted by the Mayor and the General Manager.

 

 

PRESENTATION OF AUSTRALIA DAY AWARDS—Mr Adam Rumsay

 

Mr Rumsay received his Young Citizen of the Year Award.

Mr Danny Doolan receive his Award for Special Services to Sport.

 

 

DISCLOSURE OF INTEREST

 

Councillor PF Flack declared a non-pecuniary less significant conflict of interest in Item 11.2 Rural Fire Service Draft “BID” 2012-2013 under the Local Government Act as Cr Flack and two other family members are volunteer members of the North Arm Rural Fire Service Brigade. 

 

Councillor ES South declared a non-pecuniary less significant conflict of interest in Item 9.4 Establishment of the Macksville Saleyards Advisory Committee under the Local Government Act as Cr South is a Saleyard user.

 

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 19 January 2012

 

3368/12 RECOMMENDATION:

 

That the minutes of the Ordinary Council Meeting of 19 January 2012 be confirmed.

 

 

 


NOTICE OF MOTION - CR Hoban

 

ITEM 5.1      SF1714              020212      Notice of Motion - Request For Telstra Support For Kids Helpline (SF415)

3369/12 RESOLVED:       (Hoban/Flack)

 

That Council write to the Chief Executive Officer of Telstra requesting Telstra join the other two major network providers in providing free calls to Kids Helpline.

 

 

 

 

NOTICE OF MOTION - CR Hoban

 

ITEM 5.2      SF1714              020212      Notice of Motion - Commemorative Plaque Macksville Traffic Bridge (SF922)

3370/12 RESOLVED:       (Hoban/Moran)

 

That Council write to the Roads and Maritime Services suggesting that a plaque commemorating the opening be placed on or near the Macksville traffic Bridge.

 

  

 

PUBLIC FORUMS AND DELEGATIONS

 

Resolved: (Flack/Moran)

 

That the following public forums and delegation be heard:

 

Public Forum:

i)        Mr John Tait - Tree Eradication

 

ii)       Ms Sally Cavanagh - Removal of Tree - Link Road and Pioneer Street, Nambucca Heads

 

Delegation:

iii)      Ms Karin Croghan—Objector to closure of Saleyards

ITEM 9.4      Establishment of the Macksville Saleyards Advisory Committee

 

 

Mr Tait addressed Council to a prepared statement regarding tree eradication a copy of which is on file SF629.

 

Ms Cavanagh addressed Council making the following points:

·                Speaks on behalf of natural heritage

·                Stronger guidelines for future protection of vegetation required

·                Outlined short history of tree in question – community should have opportunity to comment on any changes to existing resolution

·                Tree was not a danger to the public

·                Why was tree not checked by a professional

·                How can ratepayers have confidence in Council when Council ignores its own resolutions?

·                Loss of tree diminishes tourist attraction

 

 


ASKING OF QUESTIONS WITH NOTICE—Cr Flack

 

Answers Provided By The Director Engineering Services

 

Early in 2007 a request by Better Value Motors for the removal of the old growth Cabbage Gum tree and one other mature eucalypt tree from a public reserve on Pioneer St Nambucca Heads generated significant and strong community opposition.  On 15 February 2007 following a councillor site inspection and recommendation from staff to retain the trees, Council resolved as follows:

 

RESOLVED (Ainsworth/Waller) that the trees in question remain but that both trees be assessed by a specialist at a future time.

 

I am aware that the Director of Engineering Services was unaware of this history or of the application last October again from Mr Robert Kennedy of Better Value Motors for the removal of the same significant tree.

 

Questions:

 

1.              Why did council staff approve the removal of the old growth cabbage gum (E. Amplifolia), when a standing resolution of Council exists for the tree to remain?

 

Answer: Council staff were unaware of the council resolution otherwise the matter would have resulted in a report to council to determine a resolution on the tree

 

Council staff were unaware of the Council resolution surrounding this tree, there is no current register for trees that record such resolutions.  An application form for tree removal was introduced to Council operations in December 2007, however on this occasion the request for the removal of this tree (in 2007) emanated from Councillor Duffus through “questions without notice” which generated the site inspection and subsequent resolution from Council.

 

It appears that the resolution or “cut up” from the meeting went to the Director of the day and was not passed onto relevant staff.  It appears that a telephone enquiry from Mr Robert Kennedy was made in August 2009 concerning the tree dropping limbs and being dangerous, and the tree was then visually inspected (August 2009) by Council’s Supervisor Parks and Reserves and a verbal report back to the Director that at the time the tree contained hollows but was retained as the die back and decay on the tree wasn’t evident to the extent to warrant its removal.

 

A further enquiry was made on 27 September 2011 by Mr Robert Kennedy expressing concern over the condition of the tree and continued branch drop when he was advised to submit a tree pruning/ removal application which was received on 5 October 2011.  The tree was then reassessed by Council’s Supervisor Parks and Reserves who determined under his delegated authority that the extent of the decay in the tree had increased posing a public risk in accordance with Clause 7 removal of trees part G “risk of personal injury posed by the tree” within the current Street Tree Guidelines and therefore warranted removal.

 

2.              Was the required specialist assessment ever undertaken and if not why not?

 

Answer: No - depending on the definition of “assessed by a specialist” refers to an external consultant.

Yes – by Council’s Supervisor Parks and Reserves, who possesses Cert 1V Advance Certificate in Horticulture and Council delegation with respect to tree matters.  Inspections were undertaken by Council staff in August 2009 and October 2011.

 

The contractor that undertook the removal of the tree on behalf of Council is a qualified Arborist with AQF Level 111 qualification and was requested to provide his qualified advice on whether in his opinion the tree should have been removed.  His report based on observations during the removal of the tree confirms the assessment of Council’s Supervisor Parks and Reserves “It is my professional opinion that with this Cabbage Gum containing apprx, 35% rot/decay that this tree was definitely phasing itself out and as an amenity tree its  “safe and useful life expectancy “(SULE) was limited”

 

3.              Why did this matter not come before Council for consideration given the existing resolution from 2007, the high profile nature of the tree, its high conservation values and strong community support for its protection?

 

Answer: Council staff were unaware of the Council resolution otherwise this matter would have resulted in a report to Council to determine a resolution on the tree.  The tree was determined to be dangerous and there is no other provision within the current policy that requires these items to be reported back to Council, there is also no formal tree register or inventory that flagged this resolution from 2007.  (It is intended to develop a tree inventory and assessment process to comply with the State-wide best practice manual (Council’s insurer) and Council’s risk management process.  The inventory and data base will be commenced this year, however, it will take considerable time as we photograph all trees, identify the species , GPS the tree and rate their health for all urban streets and create an map overlay in Council,s Geographical Information System (GIS))

 

4.              Why was the tree cut down in the height of summer when it was being used by breeding native fauna?

 

Answer: The tree was assessed as posing a public risk in accordance with Clause 7 Removal of Trees Part G “risk of personal injury posed by the tree” within the current Street Tree Guidelines and warranted the removal.  There was evidence of habit identified in the Council’s Supervisor Parks and Reserves’ report indicating the possibility of breeding and the Arborist removing the tree took due diligence and relocated three Lorikeets to FAUNA.

 

5.              Were any options other than outright removal of the tree considered? If not why not?

 

Answer: Fencing wasn’t considered practical due to the proximity of roads and lopping was considered (this practice leads to further weakening of the tree structure and branch drop).

 

 

6.              What species of fauna were removed from the tree hollows and given to WIRES volunteers?

 

Answer: Three Lorikeets were provided to FAUNA.

 

7.              What consideration was given to the possibility that the tree housed and or was a food source for any threatened species?

 

Answer: There was no specific consideration given to threatened species  however habit was identified hence the reason the tree was removed by crane with due diligence from the Arborist

 

8.              What consideration was given to the overall environmental impact of removal of this tree in terms of biodiversity, carbon storage and greenhouse gas emissions?

 

Answer:  Consideration on the assessment was considered with environmental impact on the report being NIL as the staff assessment of the impact of one individual tree and if a greater number of trees, the impact would have been assessed differently

 

9.              How much did it cost Council to remove the tree?

Answer: $3.890.00 ex GST.

 

10.          What is the balance of the budget for tree removal for the remainder of the financial year?

 

Answer: Budget allocation for 2011/12 is $30,000.00 with the current balance of budget being $6,500.00 at 31 January 2012 (contractor has been paid for the works).

 

11.          What was the estimated value of the timber from the tree and what happened to that timber?

 

Answer: Under Council’s contract, the contractor takes responsibility for the removal and disposal of all material. (Therefore no value has been assessed).

 

12.          If the timber was sold will the proceeds be used for our tree planting program?

 

Answer: Timber was not sold as per 11 above.  The contractor takes responsibility for the removal and disposal of all material.


 

13.          If the timber was not sold then why not and what happened to it?

Answer: Timber was not sold as per 11 above.  The contractor takes responsibility for the removal and disposal of all material.  Generally the waste is mulched and disposed of.

 

 

GB2/12 - Cr. Paula Flack - Supply of Nesting Boxes (Ref SF629)

3371/12 Resolved:       (Flack/Smyth)

 

That appropriately sized nesting boxes be placed in nearby appropriately sized trees in as close proximity to the Cabbage Gum site as possible.

 

 

 

 


GB3/12 - Cr. Paula Flack - Replacement Trees (Ref SF629)

 

3372/12 Resolved:       (Flack/Smyth)

 

That at least two advance local native species (preferably Cabbage Gums) be planted and adequately protected on the public reserve from where the Cabbage Gum was removed.

 

 

 

 


GB4/12 - Cr. Paula Flack - Tree Management Policy Review - Suggested from Mr John Tait (Ref SF629)

3373/12 Resolved:       (Flack/Court)

 

That Mr John Tait’s and Ms Sally Cavanagh’s suggestions be considered as part of the tree management policy review process. Mr Tait’s comments from today’s Council meeting are on Trim file SF629.

 

 

 

 


GB5/12 - Cr. Rhonda Hoban - Staff Training in Assessment of Senescent Trees (Ref SF629)

3374/12 Resolved:       (Hoban/Flack)

 

That the General Manager investigate the possibility of the provision of training for at least one of Council’s staff in the assessment of senescent (old) trees.

 

 

 


GB6/12 - Cr. Rhonda Hoban - Development of Tree Inventory (Ref SF629)

3375/12 Resolved:       (Hoban/Moran)

 

That Council receive a report detailing what would be involved and the resources required in staffing and finances for Council to develop a tree inventory.

 

 

 


DELEGATION:

 

Ms Croghan addressed Council making the following points:

·                Small cattle producer that uses the Saleyards

·                Supports formation of Committee to allow facility to continue to operate

·                Otherwise her own business will be affected and would not be viable

·                Supports a lot of local businesses

·                If Saleyards close other people will also have to close their businesses

·                The Committee would allow the running of this facility.

 

 

ITEM 9.4      SF21                  020212      Establishment of the Macksville Saleyards Advisory Committee

3376/12 RESOLVED:       (Flack/Court)

 

That a report come to Council on the composition of the Saleyards Advisory Committee and the provision of delegated power under Section 355 of the Local Government Act.

 

 

 

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                020212      Outstanding Actions and Reports

3377/12 RESOLVED:       (Hoban/Flack)

 

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

 

 

 

ITEM 9.2      SF764                020212      Request for Consent to Assignment of Subleases to Shops 1 and 2 Being Part of Crown Reserve 85113 Riverside Drive, Nambucca Heads

3378/12 RESOLVED:       (Court/Ballangarry)

 

1          That Council in its capacity as Reserve Trust Manager of Reserve 85113 endorse the assignment of the sublease of 1/866932 and 2/866932 PART, being part of Reserve 85113 for public recreation notified 20 November 1964 and known as Shop 1 (Boatshed) and Shop 2 (The Kiosk) to Wi-Bi Group Pty Ltd.

 

2          That Council authorise the General Manager and the Mayor to execute and to affix Council's seal on the assignment of the subleases of 1/866932 and 2/866932 PART, being part of Reserve 85113 for public recreation notified 20 November 1964 and known as Shop 1 (Boatshed) and Shop 2 (The Kiosk) to Wi-Bi Group Pty Ltd.

 

 

 

ITEM 9.3      SF1389              020212      Grant Application Status Report - 2 February 2012

3379/12 RESOLVED:       (Moran/Finlayson)

 

That the list of grant applications and their status to 20 January 2012 be received.

 

3380/12 Resolved:       (Hoban/Court)

 

That the Grants Officer and any staff involved with these applications be congratulated on successfully attracting almost $2 million in funding to this community.

 

 


Item 9.4 was dealt with under Delegations.

 

 

 

ITEM 9.5      SF1714              020212      Funding Offer for the Scotts Head (Forsters Beach) Boat Ramp under the Better Boating Program

3381/12 RESOLVED:       (Court/Smyth)

 

1        That the information concerning Council’s successful application for $47,733 of funding from the NSW Government’s Better Boating Program for improvements to the Scotts Head (Forsters Beach) boat ramp be received.

 

2        That Council formally accept the offer of $47,733 from the Better Boating Program for improvements to the Scotts Head (Forster’s Beach) boat ramp.

 

 

 

ITEM 9.6      SF640                020212      Constitutional Recognition of Local Government - Request for Contribution of Funds

3382/12 RESOLVED:       (Flack/Moran)

 

That Council make provision in its 2012/2013 budget for an expenditure of $4,417 plus GST as a special levy to the Local Government and Shires Associations for an advertising campaign to support the referendum on the constitutional recognition of local government.

 

 

 

Director Environment and Planning Report

 

ITEM 10.1    SF1709              020212      Outstanding DA's greater than 12 months, applications where submissions received not determined to 20 January 2012

3383/12 RESOLVED:       (Moran/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    SF1709              020212      DEP Applications and Statistical Reports July 2011-June 2012, 2007-2011 and Certificates Received 2007-2011

3384/12 RESOLVED:       (South/Flack)

 

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 10.3    SF1709              020212      DA's and CDC's Received and Determined under Delegated Authority to 20 January 2012

3385/12 RESOLVED:       (Flack/Ballangarry)

 

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

 

 

 

Director Engineering Services Report

 

ITEM 11.1    SF1310              020212      Nambucca Heads Sewage Augmentation Status Report

3386/12 RESOLVED:       (Flack/Court)

 

That the status of works on the Nambucca Sewage Augmentation Contract be noted by Council.

 

 

 

ITEM 11.2    SF84                  020212      Rural Fire Service Draft “BID” 2012-2013

3387/12 RESOLVED:       (Court/Moran)

 

1        That Council endorse the Rural Fire Service “BID” for 2012/13 financial year.

 

2        That Council write to the Commissioner for the Rural Fire Service and advise that the 2012/13 Rural Fire Service “BID” of $250,384 has been endorsed by Council as presented by the acting Zone Manager at Council’s January General Purpose Committee meeting held on 18 January 2012 and that Council will not endorse any further increases to the draft bid as presented.

 

3        That Council write to the Minister for Police and Emergency Services and the Deputy Premier, the Hon Andrew Stoner MP, advising that Council has endorsed the Rural Fire Service “BID” for 2012/13 to $250,384 and seek their support to ensure that there are no further increases to the enclosed Rural Fire Service “BID” for 2012/13.

 

  

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

3388/12 RESOLVED:       (Court/South)

 

1       That Council consider any written representations from the public as to why the Meeting should not be Closed to the public.

 

2        That Council move into Closed Meeting to discuss the matters for the reason(s) listed below.

 

Reason reports are in Closed Meeting:

 

ITEM 12.1    SF742                020212      Unauthorised Earthworks Adjoining the Nambucca Heads Surf Life Saving Club

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

 

 

ITEM 12.2    SF86                  020212      Appointment of State Emergency Service Local Controller

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (a) of the Local Government Act, 1993, on the grounds that the report contains personnel matters concerning particular individuals.

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.11 pm.

 

 

 

 


RESUME IN OPEN MEETING

 

3389/12 RESOLVED:       (Flack/Ballangarry)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 7.53 pm.

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF742                020212      Unauthorised Earthworks Adjoining the Nambucca Heads Surf Life Saving Club

Motion:      (South/Flack)

 

In lieu of prosecution, the Nambucca Heads Surf Lifesaving Club caretaker be requested to meet the costs Council has incurred in providing the warning signage and exclusion fencing being $1,134.

 

Amendment:       (Finlayson/Flack)

 

In lieu of prosecution, the Nambucca Heads Surf Lifesaving Club caretaker be requested to meet the costs Council has incurred in providing the warning signage and exclusion fencing being $1,134 and that Council write to the Nambucca Heads Surf Club pointing out that it was their Caretaker who undertook the illegal work and inviting the Club to police this area by keeping people off it as part of their general patrol work and, in addition, consider the placement of a barrier across the area to prevent motor vehicles from using this area subject to the necessary approvals and consultation with the Director Engineering Services.

 

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

 

3390/12 Resolved:       (Finlayson/Flack)

 

In lieu of prosecution, the Nambucca Heads Surf Lifesaving Club caretaker be requested to meet the costs Council has incurred in providing the warning signage and exclusion fencing being $1,134 and that Council write to the Nambucca Heads Surf Club pointing out that it was their Caretaker who undertook the illegal work and inviting the Club to police this area by keeping people off it as part of their general patrol work and, in addition, consider the placement of a barrier across the area to prevent motor vehicles from using this area subject to the necessary approvals and consultation with the Director Engineering Services.

 

3391/12 Resolved:       (Smyth/Court)

 

That Council write to the Nambucca Heads Surf Club advising that if they wish to do any work to the Surf Club surrounds that they seek advice from Council as to the necessary approvals prior to commencement of any work.

 

For Confidential Business Paper in Closed Meeting

 

ITEM 12.2    SF86                  020212      Appointment of State Emergency Service Local Controller

3392/12 RESOLVED:       (Flack/Court)

 

That Council supports the appointment of Leanne Cooper as the Nambucca Shire Council State Emergency Service Local Controller.

 

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.54 pm. 

 

Confirmed and signed by the Mayor on 16 February 2012.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)