NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 01 March 2012

 

 

The following document is the minutes of the Council meeting held on 1 March 2012.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 15 March 2012 and therefore subject to change.  Please refer to the minutes of 15 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 Anne Smyth

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Greg Meyers (Director Environment & Planning)

Paul Gallagher (Director Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

DISCLOSURE OF INTEREST

 

There were no disclosures of interest.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 16 February 2012

 

3436/12  Resolved:      (Court/Flack)

 

That the minutes of the Ordinary Council Meeting of 16 February 2012 be confirmed.

 

 

 

NOTICE OF MOTION—LATE

 

GB13/12 – SF1714 010312         Cr. Martin Ballangarry - Notice of Motion - Request for Leave 19 to 27 March 2012 Inclusive (SF352)

3437/12 RESOLVED:       (Ballangarry/Ainsworth)

 

That Cr Martin Ballangarry OAM be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 19 to 27 March 2012 inclusive.

 

 


 

DELEGATIONS

There were no delegations or public forums.

 

 

 

ASKING OF QUESTIONS WITH NOTICE

 

Question with Notice were submitted by Cr Anne Smyth with answers provided by the Director Engineering Services.

 

These questions relate to the sabotage of two small Ivory Curl trees in Bowra Street, Nambucca Heads, during the early hours of 8 February. The trees were situated near the pedestrian crossing adjacent to the Guardian Chemist.  The trees were vandalised by persons unknown to Council and the debris left lying on the footpath.  Council’s Tree Vandalism Policy states:

 

4.1 That when trees on public land are found to be cut down or dying the following steps are to be taken:

 

• Investigate and determine if the tree has been deliberately cut down, damaged by poison or ringbarking.

 

• Deliberate acts are to be further investigated by seeking information by letter from neighbours and those living in close proximity and advising of the reward.

 

• Where possible, vandalised/poisoned vegetation to remain in place until such time as a risk develops from falling limbs.

 

• Replacement planting be undertaken with appropriate species in the event of the tree or vegetation being cut down or removed.

 

• That a sign or banner up to 900 x 2000 mm (size and position to be determined by staff) be placed on the tree or site of the vandalism with the sign to advise of the offer of reward . The banner is to remain in place for a minimum of 12 months from the date it was erected.

 

• That a reward of $5,000 for information leading to a conviction be advertised.”

 

1          What steps has Council taken to investigate the vandalism of the two Ivory Curl trees in Bowra Street, Nambucca Heads?

Council was notified of the vandalism through a business adjacent to the trees as well as a resident.  The matter was reported to the Police and incident number recorded.  Discussions with the business did not provide any evidence of who undertook the act of vandalism and no witnesses came forward.

 

2          Will there be a media release to advertise the reward which Council offers in relation to vandalism of trees on public land and to notify the community that Council does not tolerate such acts of vandalism?

Council advertised the vandalism policy in March, advising of the reward and seeking anyone who may have witnessed or know who conducted the act vandalism on the trees.

 

3          Will Council be replacing the trees?

NO – not at this stage, Council will monitor the re-growth.  The trees were cut with a saw at the base at ground level.  They still have the root system in the ground and staff have only removed the stem and branches that were cut and thrown into the garden bed, The vandalism was inspected and the remaining part of the trunk is still very green beneath the bark and it is anticipated the trees will survive or come back following the damage.  Council will replant new trees to replace the vandalized trees in the event that the trees do not reshoot.

 

4          What is the estimated total cost to Council (including staff time) in responding to and remedying this incidence of tree vandalism?

Clean up and inspection cost estimated under $100.00.  In the event of replanting advance trees the approximated cost is $300-$400.

 

5          Will Council be consulting with the Chamber of Commerce and others in relation to the replacement of the two trees?

Not required at this stage, the Species can reach ten metres, (possibly not suited to pedestrian crossings but they are usually a single trunk species so sight distance would probably not be an issue).  Ivory curl trees have been planted from Beer Parade to Mann Street water towers and the trees.  If the trees require replanting it was intended to replace like for like and therefore no consultation will be undertaken.

 

 

 


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

 

3438/12/12 Resolved:   (Flack/Ainsworth)

 

That items 9.4 and 10.4 be brought forward as there was an interested person in the gallery.

 

 

 

ITEM 9.4      SF1484              010312      Recommended Deferral of E-Nose Report on Odour Testing - Free Range Piggery, Tewinga

3439/12 RESOLVED:       (Flack/Ainsworth)

 

1        That item 10.4 be considered in conjunction with this item.

 

2        That consideration of the findings of the odour testing of the free range piggery at Tewinga by E-Nose Pty Ltd be deferred to Council’s meeting on 11 April 2012.

 

 

Director Environment and Planning Report

 

ITEM 10.4    SF1541              010312      Findings of the Odour Testing Free-Range Piggery, Tewinga

item 10.4 was considered in conjunction with item 9.4 above.

 

 

General Manager Report

 

ITEM 9.1      SF959                010312      Outstanding Actions and Reports

3440/12 Resolved:       (Ainsworth/Flack)

 

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

 

MOTION:      (Hoban/Ainsworth)

 

That Council write to the Hon Katrina Hodgkinson  requesting clarification as to the Native Title Tribunal Claim involving the Gumma (Boultons Crossing) Reserve and suggest that in the interim the National Parks and Gumbaynggirr People take over the Boultons Crossing (Gumma) Reserve.

 

Amendment:       (Court/Hoban)

 

That Council write to the Hon Katrina Hodgkinson requesting clarification as to the Native Title Tribunal Claim involving the Gumma (Boulton’s Crossing) Reserve.

 

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

 

3441/12 Resolved:       (Court/Flack)

 

That Council write to the Hon Katrina Hodgkinson requesting clarification as to the Native Title Tribunal Claim involving the Gumma (Boulton’s Crossing) Reserve.

 

 

 

ITEM 9.2      SF1120              010312      Grant Application Status Report - 2 February 2012

3442/12 RESOLVED:       (Flack/Smyth)

 

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

 

 

 

ITEM 9.3      SF1653              010312      Trial of Changes to Council's Meeting Arrangements

Motion:      (Flack/Moran)

 

That Council trial for three (3) months having one Council meeting on the last Thursday of each month – an evening meeting commencing at 5.30 pm - and a full day meeting commencing at 8.30 am on the Wednesday two weeks and one day before, with the meeting schedule for the trial to be as follows:

 

          Wednesday  11 April        Thursday      26 April

          Wednesday  16 May        Thursday      31 May

          Wednesday  13 June        Thursday      28 June

 

Amendment:       (Hoban/Ainsworth)

 

That Council trial for three (3) months having one Council meeting on the last Thursday of each month – an evening meeting commencing at 5.30 pm - and a full day meeting commencing at 8.30 am and concluding by 3.00 pm on the Wednesday two weeks and one day before, with the meeting schedule for the trial to be as follows:

 

          Wednesday  11 April        Thursday      26 April

          Wednesday  16 May        Thursday      31 May

          Wednesday  13 June        Thursday      28 June

 

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

 

3443/12 Resolved:       (Hoban/Ainsworth)

 

That Council trial for three (3) months having one Council meeting on the last Thursday of each month – an evening meeting commencing at 5.30 pm - and a full day meeting commencing at 8.30 am and concluding by 3.00 pm on the Wednesday two weeks and one day before, with the meeting schedule for the trial to be as follows:

 

          Wednesday 11 April       Thursday     26 April

          Wednesday 16 May        Thursday     31 May

          Wednesday 13 June       Thursday     28 June

 

 

 

 

General Manager Report – LATE

 

ITEM 9.5      DA2011/122        010312      "Kenwil" Drive?

Motion:      (Ainsworth/Flack)

 

1        Council advertise its intention to name the road in the proposed subdivision DA2011/122, “Kenwil Drive”.

 

2        Following the exhibition period Council consider any objections to the name, “Kenwil Drive” but if there are no written objections the General Manager use delegated authority to grant final approval to the use of the name.

 

Amendment:       (Flack/Moran)

 

That Council advertise its intention to name the road in the proposed subdivision DA2011/122, “Ken Wilson Drive”.

 

The amendment LAPSED.

 

Amendment:       (Ainsworth/Finlayson)

 

That this matter be deferred to enable the policy to be reviewed and exhibited and then the recommendation: That Council advertise its intention to name the road in the proposed subdivision DA2011/122, “Ken Wilson Drive” be reconsidered.

 

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

 

3444/12 Resolved:       (Ainsworth/Finlayson)

 

That this matter be deferred to enable the policy to be reviewed and exhibited and then the recommendation: That Council advertise its intention to name the road in the proposed subdivision DA2011/122 “Ken Wilson Drive” be reconsidered.

 

 

 

Director Environment and Planning Report

 

ITEM 10.1    SF1709              010312      Outstanding DA's greater than 12 months, applications where submissions received not determined to 17 February 2012

3445/12 RESOLVED:       (Flack/Smyth)

 

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              010312      DA's and CDC's Received and Determined under Delegated Authority to 17 February 2012

3446/12 RESOLVED:       (Flack/Ballangarry)

 

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

 

 

 

ITEM 10.3    SF434                010312      Amendments to the Protection of the Environment Operations (General) Regulation 2009 and What it Means for Council

3447/12 RESOLVED:       (Flack/Moran)

 

That the report be noted.

 

3448/12 Resolved:       (Hoban/Ainsworth)

 

That Council write to the EPA requesting that all known Underground Petroleum Storage Systems in the Nambucca Shire Local Government area be decommissioned prior to the proposed 1 June 2017 handover.

 

 

 

Item 10.4 was dealt with earlier in the meeting.

 

 


 

ITEM 10.5    SF1709              010312      Planning Proposal - Nambucca LEP Amendment - 5 Railway Road, Nambucca Heads

3449/12 RESOLVED:       (Ainsworth/Finlayson)

 

1        That pursuant to clause 59 of the Environmental Planning and Assessment Act 1979 the Planning Proposal, associated documents and submissions be forwarded to 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 Motion:                Councillors Court, Ballangarry OAM, Flack, Smyth, Ballangarry, Ainsworth, Hoban                                                              (Total 7)

Against the Motion:          Cr Moran OAM                (Total 1)

 

 

 

ITEM 10.6    SF1709              010312      Expression of Interest for Project Funding Under the Our Living Coast Alliance for the Low Income Energy Efficiency Program

3450/12 RESOLVED:       (Smyth/Flack)

 

That Council continue to be part of the Our Living Coast Alliance and be a partner in the Expression of Interest submission by Coffs Harbour City Council.

 

 

 

Director Engineering Services Report

 

ITEM 11.1    SF90                  010312      Nambucca Shire Traffic Committee Meeting Minutes - 7 February 2012

3451/12 RESOLVED:       (Ainsworth/Smyth)

 

That Council:

 

1        Carry out the following tasks in response to an Occupational Health and Safety Audit carried out in the vicinity of St Patrick’s School, Macksville by their Insurers:

 

          a        Duplicate Advanced Warning Signs advising motorists of the impending pedestrian/school crossing on Wallace Street between the two school sites;

          b        Install a repeater sign on Boundary Street between Macksville High School and Wallace Street as a reminder to vehicles that they are within a school zone; and

2        Write to St Patrick’s school advising them of the following:

a        Traffic speeds and volumes would not warrant the installation of flashing lights at the entry to the school zone.

b        Sufficient signage is in place warning drivers of the impending school zone and shared pedestrian/school crossing.

c        The council will not consider installing speed bumps in residential areas.

 

3        Install a ‘No Parking Zone’ between the hours of 8.00 am to 9.30 am and 2.30 pm to 4.00 pm (school days) on Wallace Street Macksville outside St Patrick’s Chapel to allow additional spaces for parents to drop off and pick up school children.

 

4        Install ‘No Stopping’ signs at the corner of Wallace and Durkin Streets to reinforce the road rules and promote road safety.

 

5        Install two 50mm high trial asphalt speed humps at the front of the rear to kerb parking bays opposite the Peachtree Medical and Professional Centre Estuary Lane, Nambucca Heads, in an attempt to stop vehicles rolling forward.

 

6        Install 50mm high asphalt speed humps at the front of the twelve remaining rear to kerb parking bays if Council staff deem that the trial speed humps are considered successful.

 

7        Install ‘Bus Zone’ signs at the designated bus parking bay at Nambucca Valley Community Christian School with posted Bus Zone timing 8:00 am – 9:30 am and 2:30 pm – 4:00 pm on school days.

 

8        Install ‘No Stopping’ signs at the intersection of Short and Lee Streets Nambucca Heads to reinforce the road rules and also at the intersection of Hallidise and Short Streets.

 

9        Approve the B-Double Route Application received from Forests NSW for a B-Double route from Link Road, Nambucca Heads to Tallowwood Road via Old Coast Road, Mann Street and Hyland Park Road subject to the following:

 

a        Council being satisfied that community concerns are addressed, subject to a further report once the deadline for submissions have closed at 4.00 pm on the 2 March 2012.

b        B-Double gazettal for one direction only, as requested, where trucks laden with logs proceed to the Pacific Highway.

c        Haulage to be undertaken in daylight hours.

d        Appropriate advanced warning signage is placed on Hyland Park Road advising motorists of potential truck movements.

 

 

    

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 6.55 pm. 

 

Confirmed and signed by the Mayor on 15 March 2012.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)