NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 16 February 2012

The following document is the minutes of the Council meeting held on 16 February 2012.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 1 March 2012 and therefore subject to change.  Please refer to the minutes of 1 March 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

 

The Mayor welcomed the Rev Jilleen Chambers to the Anglican Church Macksville and wished Rev Ros Johnson (who is retiring) all the best and thanked her for her service to Council.

 

Rev Ros Johnson from the Anglican Church, Macksville, 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 2 February 2012

3393/12 RESOLVED:       (Flack/South)

 

That the minutes of the Ordinary Council Meeting of 2 February 2012 be confirmed.

 

 

  

ASKING OF QUESTIONS WITH NOTICE

 

There were no Questions with Notice.

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

There were no Questions for Closed Meeting where due Notice has been received.

 

 

 

 


3394/12 Resolved:       (Court/Flack)

 

That Item 9.1 from the General Purpose Committee meeting 15 February 2012 – Organisation Review Report be brought forward as there were interested staff in the gallery.

 

 


 

ITEM 12.1         SF1653          160212      Organisation Review Report (Item 9.1 in the General Purpose Committee)

3395/12 Resolved:       (Court/Flack)

 

That each of the recommendations be dealt with separately.

 

3396/12 Resolved:       (Court/Smyth)

 

That Council receive a report on an organisation structure that would give effect to having two Directors as well as three Directors down to the management level.  Further, that the proposal for the third Director include an additional budget allocation for that position.  The matter is to come to a Special Meeting of Council as quickly as possible.

 

3397/12 Resolved:       (Flack/Smyth)

 

That Council trial for three (3) months having one Council meeting on the second Wednesday of each month – a full day meeting commencing at 9.00 am -  and one Council meeting on the fourth Thursday of each month – an evening meeting commencing at 5.30 pm.

 

3398/12 Resolved:       (Flack/Court)

 

That training be conducted for all supervisory staff in performance management and undertaking performance appraisals.

 

3399/12 Resolved:       (Court/Flack)

 

The performance appraisal system be re-modelled

 

3400/12 Resolved:       (Court/Flack)

 

That the General Manager and all management staff participate in a leadership development program.

 

3401/12 Resolved:       (Court/Flack)

 

The existing staff recognition program be replaced with a system which has more awareness and support from staff.

 

3402/12 Resolved:       (Flack/Moran)

 

That the General Manager be thanked for the work done so far in overseeing the Organisational Review in difficult circumstances and also that the staff who provided submissions be thanked for their input.

 

 

 


ITEM 9.2           SF1653          160212      Organisation Review - Submissions from Council's Consultative Committee and Staff (Item 9.2 in the General Purpose Committee)

 

This item was dealt with in conjunction with item 9.1.

 

 

 


3403/12 Resolved:       (Ainsworth/South)

 

That Item 10.5 Crematorium and Associated Buildings – Fox’s Road, Nambucca Heads be brought forward as the proponent was in the gallery.

 

 

 

ITEM 10.5    DA2011/139        160212      DA 2011/139 Crematorium and Associated Buildings - Fox's Road, Nambucca Heads

3404/12 RESOLVED:       (Court/Ainsworth)

 

That Council approve development application DA 2011/139 and apply the requirements as detailed within the Traffic Study prepared by Roadnet.  Specifically that they ensure that sufficient turning space and storage for traffic turning right from the Highway on to Fox’s Lane is provided.  This intersection upgrade and associated works will need to be approved by RMS through entering into a Works Authorisation Deed (WAD) prior to a Construction Certificate being issued.

 

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

Against the motion:                    Nil

 

 

 

 


General Manager Report

 

ITEM 9.1      SF959                160212      Outstanding Actions and Reports

3405/12 RESOLVED:       (Ainsworth/Finlayson)

 

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

 

 

 

ITEM 9.2      SF1618              160212      Draft 2022 Community Strategic Plan and Asset Management Plans Summary - Outcome of Public Consultation

Motion:      (Court/Moran)

 

That Council adopt the draft Community Strategic Plan subject to making the changes recommended in the response column in the table.

 

Amendment:       (Flack/Smyth)

 

That Council adopt the draft Community Strategic Plan subject to making the changes recommended in the response column in the table and adding a second green house gas strategy providing  links to reputable sites (eg Government sites and Our Living Coast) on Council’s web site and/or advertise in the local paper.

 

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

 

3406/12 Resolved:       (Flack/Smyth)

 

1        That Council adopt the draft Community Strategic Plan subject to making the changes recommended in the response column in the table and adding a second green house gas strategy providing links to reputable sites (eg Government sites and Our Living Coast) on Council’s web site and/or advertise in the local paper.

 

 

3407/12 Resolved:       (Court/Moran)

 

2        That the Northern Rivers Catchment Management Authority be thanked for their response; be requested to suggest measures for the strategy of promoting sustainable development;  and be advised of the proposed changes in response to their suggestions.

 

 

 

ITEM 9.3      SF1026              160212      Referendum on a Reduction of the Number of Councillors from Nine to Seven

Motion:      (Flack/Smyth)

 

That Council prepare an information page on the pros and cons of reducing Councillors numbers from nine to seven  and include a yes/no questionnaire in the next rates notice.

The motion was LOST.

 

3408/12 Resolved:       (Finlayson/Flack)

 

That Council resolve that the number of Councillors remain at nine (9).

 

NoteCr Hoban and Cr Moran requested that their votes be recorded as against this resolution.

 

Motion:      (Court/Hoban)

 

That Council conduct a constitutional referendum at the 2012 Council election in relation to whether the number of councillors, including the Mayor, be nine (9) or seven (7).

 

The motion was LOST.

 

 

 

ITEM 9.4      SF338                160212      Tewinga Community Centre Committee of Management AGM - 19 January 2012 - Minutes

3409/12 RESOLVED:       (Moran/Court)

 

That Council endorse the Minutes of the Committee of Management for the Tewinga Community Centre’s Annual General Meeting held on 18 January 2012 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

ITEM 9.5      SF922                160212      Nambucca Valley Anzac Centenary Committee - Council Representation

3410/12 RESOLVED:       (Moran/Flack)

 

That Council support the Nambucca Valley ANZAC Centenary Committee and endorse the Manager Community and Cultural Services to represent Council on the Nambucca Valley ANZAC Centenary Committee regarding ANZAC Day 2015.

 

 

 

ITEM 9.6      LF2521               160212      Additions to Existing Pre-School at Valla Beach Road, Valla Beach - Bushfire Hazard Easement

3411/12 RESOLVED:       (Moran/South)

 

That the Valla Community Pre-School Inc. be advised that Council will enter into the easements and agreements as resolved by Council at its meeting on 21 April 2011 subject to the Pre-School meeting Council’s legal costs and accepting responsibility for the maintenance of the Asset Protection Zone via a variation to their license to occupy the site.

 

 

 


General Manager Report – LATE

 

ITEM 9.7      SF394                160212      Investment Report to 31 January 2012

3412/12 RESOLVED:       (South/Ainsworth)

 

That the Accountants’ Report on Investments placed to 31 January 2012 be noted.

 

 

 

 


ITEM 9.8      SF1697              160212      Anti-Graffiti Grant Application under Proceeds of Crime Act Grant Program

3413/12 RESOLVED:       (Flack/Court)

 

That Council approve the Grants Officer complete a grant application for the Anti-Graffiti program which, if successful, would employ a part-time officer to work with community groups, including Chambers of Commerce, to address graffiti issues in Nambucca Shire.

 

 

 

Director Environment and Planning Report

 

ITEM 10.1    SF1709              160212      Outstanding DA's greater than 12 months, applications where submissions received not determined to 3 February 2012

3414/12 RESOLVED:       (Finlayson/Flack)

 

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              160212      DA's and CDC's Received and Determined under Delegated Authority to 3 February 2012

3415/12 RESOLVED:       (Smyth/Finlayson)

 

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

 

 

 

ITEM 10.3    SF1709              160212      DEP Applications and Statistical Reports July 2011-June 2012, 2008-2011 and Certificates Received 2008-2012

3416/12 RESOLVED:       (Ainsworth/Ballangarry)

 

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

 

2          That Council note Occupational Certificate released for the years 2008 to 2012.

 

3          That Council note the statistical information for Applications and Certificates received by Council for 2008-2012.

 

 


 

ITEM 10.4    SF1148              160212      Contract Regulatory Officer's Report January 2012

3417/12 RESOLVED:       (Flack/South)

 

That the report from the Contract Regulatory Officer for January 2012 be received and noted by Council.

 

 

Item 10.5 was dealt with at the beginning of this meeting.

 

 

 

ITEM 10.6    SF135                160212      Service Level Agreement for Information Portal and Project Officer for Processing the Inaugural Regional State of the Environment Report 2012

Motion:      (Flack/Ballangarry)

 

That Council sign the Service Level Agreement – Information Portal and Project Officer for processing for the 2012 Inaugural Regional SOE as it is only about the Regional SOE and not about the Catchment Action Plan 2.

 

Amendment:       (Ainsworth/Finlayson)

 

That Council sign the Service Level Agreement – Information Portal and Project Officer for processing for the 2012 Inaugural Regional SOE as it is only about the Regional SOE and not about the Catchment Action Plan 2 for the initial period of four years.

 

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

 

3418/12 Resolved:       (Ainsworth/Finlayson)

 

That Council sign the Service Level Agreement – Information Portal and Project Officer for processing for the 2012 Inaugural Regional SOE as it is only about the Regional SOE and not about the Catchment Action Plan 2 for the initial period of four years.

 

 

 

ITEM 10.7    DA2012/011        160212      Development Application 2012/011 - 346 Lot Staged Residential Subdivision, Reserves, Associated Infrastructure and Works. Alexandra Drive Bellwood. 

3419/12 RESOLVED:       (Moran/Smyth)

 

1          That Council note receipt of DA2012/011 for a 346 Lot (Staged) Residential Subdivision Alexandra Drive Bellwood on Lot 2 DP1119830.

 

2          That Council endorse the appointment of All About Planning to undertake the Assessment of the application on behalf of Council, attend public information sessions and required JRPP meetings.

 

 

 

The meeting adjourned at 7.40 pm.

The meeting resumed at 8.10 pm.

 

 

 

 


Director Engineering Services Report

 

ITEM 11.1    SF1303              160212      Water and Sewerage Development Servicing Plans and Strategic Business Plans

Motion:      (Court/Flack)

 

1        That Council adopt the Draft Water Supply and Sewerage Strategic Business Plans.

 

2        That Council adopt the Draft Water Supply and Sewerage Development Servicing Plans and implement the Section 64 contributions as calculated for full cost recovery, effective immediately.

 

3        That applicants with approved development applications issued prior to 2 February 2012 be given until 30 June 2012 to pay the Section 64 contributions at the rates applying prior to the introduction of the new charges.

 

Amendment:       (Finlayson/Ainsworth)

 

1               That Council adopt the Draft Water Supply and Sewerage Strategic Business Plans.

 

2               That Section 64 plan include a sunset clause so that all existing consents be able to proceed at the previous rate with appropriate CPI adjustment.

 

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

 

3420/12 Resolved:       (Finlayson/Ainsworth)

 

1        That Council adopt the Draft Water Supply and Sewerage Strategic Business Plans.

 

2        That Section 64 plans include a sunset clause so that all existing consents be able to proceed at the previous rate with appropriate CPI adjustment.

 

 

 

ITEM 11.2    SF601                160212      Decoration of Planter Boxes - Bowra Street, Nambucca Heads

Motion:      (Ainsworth/South)

 

Council endorse the designs submitted by the Nambucca Heads Chamber of Commerce for the planter box in Bowra Street, Nambucca Heads.

 

Amendment:       (Smyth/Flack)

 

1        Council endorse the designs submitted by the Nambucca Heads Chamber of Commerce for the planter box in Bowra Street, Nambucca Heads.

 

2        That future designs be endorsed by the DES without having to be approved by Council.

 

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

 

3421/12 Resolved:       (Smyth/Flack)

 

1        Council endorse the designs submitted by the Nambucca Heads Chamber of Commerce for the planter box in Bowra Street, Nambucca Heads.

 

2        That future designs be endorsed by the Director Engineering Services without having to be approved by Council.

 

 


 

ITEM 11.3    SF617                160212      Donation of a Timber Whale Sculpture to Council

3422/12 RESOLVED:       (Smyth/Ballangarry)

 

1        That Council advise Mr Kroie that prior to committing to the acceptance of the offer of the whale sculpture, Council will advertise and seek community comment for a period of 28 days on the proposed locations where the sculpture maybe be installed.

 

2        Council receive a further report after the closure of the public comment period and determine whether the offer of the whale sculpture will be accepted

 

 

 

ITEM 11.4    SF1392              160212      Macksville Showground Maintenance Expenses

3423/12 RESOLVED:       (Court/Moran)

 

1        That Council increase the maintenance allocation of the Macksville Showground by $3,500.00.

 

2        That Council undertake repairs/replacement of the non-compliant emergency exits in the main pavilion at the Macksville Showgrounds at an estimated cost of $12,000, which would be funded from the Building Reserve.

 

 

 

ITEM 11.5    SF1729              160212      Claim for Natural Disaster Restoration Funding - January/February 2012

3424/12 RESOLVED:       (Flack/Moran)

 

That Council receive and note the report on the claim for Natural Disaster Restoration Funding—January/February 2012 storm/flood event.

 

 

 

Director Engineering Services Report – LATE

 

ITEM 11.6    T021/2011           160212      Tender - T021/2011 Construction of Landslip Remediation Works Riverside Drive, Nambucca Heads

3425/12 RESOLVED:       (Flack/South)

 

1        That Council accept the Tender for T021/2010 Construction of Landslip Remediation Works Riverside Drive, Nambucca Heads from Fred Keizer Constructions Pty Ltd.

 

2        That Council reallocate $445,000.00 from Riverside Drive Domain D to Landslip Remediation Works at Foreshore Close.

 

 

 

ITEM 11.7    SF1736              160212      Land slip – Boat Harbour Road

3426/12 RESOLVED:       (Court/Finlayson)

 

That Council receive and note the report and the actions taken in regard to the land slip on Boat Harbour Road.

 

  

 


General Purpose Committee REPORT

 

Items 9.1 and 9.2 were dealt with at the beginning of this meeting.

 

 

 

ITEM 10.1         SF42             160212      Discussion Papers - Swimming Pools Act and Planning System Review  (Item 10.1 in the General Purpose Committee)

3427/12 Resolved:       (Finlayson/Flack)

 

That Council note the release of the Swimming Pools Act 1992 Review – Discussion Paper and make a submission as outlined in this report

 

3428/12 Resolved:       (Flack/Court)

 

That Council note the release of the “Issues Paper of the NSW Planning System Review” and that Council not make a submission but any Councillor wishing to make a personal submission be invited to do so.

 

 

 

ITEM 10.2         SF600            160212      Request for Restriction on Use to allow for the removal of a tree at 66 Hopewood Crescent (Item 10.2 in the General Purpose Committee)

3429/12 Resolved:       (Hoban/Flack)

 

1          That Council grant consent for the removal of the existing fallen limbs from the fig tree at 66 Hopewood Crescent.

 

2          That Council recommend the land owner obtain the services of an Arborist to determine the most appropriate management actions for the tree and advise that it is Council preference to treat the tree without removal as long as all risks can be removed.

 

3          That the landowner be advised all costs associated with the tree management are to be their responsibility.

 

4          That the landholder be advised to consult with the Northern Rivers Catchment Management Authority to determine if a separate approval is required to manage this tree under the Native Vegetation Act 2003.

 

 

 

ITEM 10.3         SF1268          160212      Walking Track Nambucca River to Shelly Beach. Emergency Evacuation Plan Wellington Drive (Item 10.3 in the General Purpose Committee)

This item was withdrawn from this business paper to be reported to the General Purpose Committee meeting on 14 March 2012.

 

 

 

ITEM 11.1         SF1075          160212      Energy Consumption and Greenhouse Gas Production (Item 11.1 in the General Purpose Committee)

3430/12 Resolved:       (Court/South)

 

That Council receive and note the presentation on energy consumption and greenhouse gas production.

 

 


 

ITEM 11.2         SF741            160212      Paveline Patching Machine - Operation (Item 11.2 in the General Purpose Committee)

3431/12 RESOLVED:       (Flack/Ballangarry)

 

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

 

2        That a further report be prepared of the year July 2011 to June 2012 for comparison with the same period in the previous year.

 

 

 

ITEM 11.3         SF600            160212      Use of Council Owned Land as Laneway Access  - Lot C DP 420534 Wallace Street Macksville” (Item 11.3 in the General Purpose Committee)

3432/12 RESOLVED:       (Hoban/Flack)

 

That the laneway be dedicated as a public road and that there be discussions with adjoining owners regarding arrangements for the disposal of their stormwater.

 

    

 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

3433/12 RESOLVED:       (South/Finlayson)

 

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 above.

 

Reason reports are in Closed Meeting:

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF358                160212      Macksville Hydrotherapy Pool

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) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 9.20 pm.

 

 

 

 


 


RESUME IN OPEN MEETING

 

3434/12 Resolved:       (Court/Ainsworth)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 9.24 pm.

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

 

ITEM 12.1    SF358                160212      Macksville Hydrotherapy Pool

3435/12 RESOLVED:       (Court/Ainsworth)

 

That the information concerning the settlement of the claim concerning the heating system for the hydrotherapy pool be received and that Council enter into a Deed of Release agreeing that it will not make any further claims.  Further, if required that Council’s seal be attached to the Deed of Release and any related documents.

 

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 9.25 pm. 

 

Confirmed and signed by the Mayor on 1 March 2012.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)