NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 15 March 2012

The following document is the minutes of the Council meeting held on 15 March 2012.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 11 April 2012 and therefore subject to change.  Please refer to the minutes of 11 April 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)

Grant Nelson (Strategic Planner)

Paul Gallagher (Director Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

APOLOGIES

 

Director Environment and Planning

 

 

 

DISCLOSURE OF INTEREST

 

Councillor PF Flack declared a non-pecuniary less significant conflict of interest in Item 9.4 General Purpose Committee Presentation by the Mid North Coast Local Health District under the Local Government Act as Cr Flack is an employee of the MNC LHD.  Cr Flack did not participate in discussion or voting.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 1 March 2012

3452/12 RESOLVED:       (Moran/Smyth)

 

That the minutes of the Ordinary Council Meeting of 1 March 2012 be confirmed subject to the following amendment:

 

Page 4         Item 9.5 DA 2011/122 ‘Kenwil’ Drive –the motion was moved (Ainsworth/Finlayson) and the amendment was moved (Finlayson/Moran).

 

 

 

NOTICE OF MOTION - CR COURT

 

ITEM 5.1      SF1714              150312      Notice of Motion - Cr Janet Court - Request for Leave - 19 to 31 March 2012 Inclusive (SF1224)

3453/12 RESOLVED:       (Court/Flack)

 

That Cr Janet Court be granted leave of absence from Monday 19 March to Saturday 31 March 2012 inclusive in accordance with Section 234(d) of the Local Government Act.

 

 

 


NOTICE OF MOTION - CR Court – LATE

 

ITEM 5.2      SF1714              150312      Notice of Motion - Organisation Review - Recruitment (SF1653)

3454/12 Resolved:       (Court/Ainsworth)

 

1          That Council immediately recruit a Payroll Officer, full time Ranger, Property Officer, Cadet Accountant and Cadet Civil Engineer to fill vacant positions of the current and future organization structure.

 

2          That Council immediately recruit a Librarian, this position being required as a consequence of Council’s decision not to renew its agreement with the Clarence Regional Library. Further that the position of Librarian be added to Council’s organization structure

 

3          That Council defer the Special Meeting of Council planned for Thursday 22 March 2012 commencing at 5.30 pm to Wednesday 4 April commencing at 4.00 pm.

 

3455/12 Resolved:       (Court/Flack)

 

That the Consultative Committee be thanked for their recommendations on the organisation review and be advised that Council will further consider their recommendations when it finally deals with the matter.

 

 

 

ITEM 9 6      SF1653              150312      Organisation Review - Consultative Committee Recommendations

 

This item was dealt with in Item 5.2.

 

 

 

NOTICE OF MOTION - CR Flack – LATE

 

ITEM 5.3      SF1714              150312      Notice of Motion - Calling In of DA 2011/182, DA 2011/183 and DA 2011/184 - 40 Waratah Street, Scotts Head

3456/12 RESOLVED:       (Flack/Court)

 

That DA 2011/182, DA 2011/183 and DA 2011/184 relating to Lots 2,3 and 4 SP 36372, 2/3/4/ Waratah Street Scotts Head, be called in for determination.

 

   

 

3457/12 Resolved:       (Court/Flack)

 

That Item 9.2 and 9.3 from the General Purpose Committee be brought forward as there were interested people in the Gallery.

 

 

 

 


ITEM 9.2           SF600            150312      The Nambucca River District Agricultural Association Limited - Expression of Interest to Purchase the Macksville Showground (Item 9.2 in the General Purpose Committee)

3458/12 RESOLVED:       (Finlayson/South)

 

1        The Nambucca River District Agricultural Association Limited be thanked for their expression of interest in purchasing the Macksville Showground.  Further the Association be advised that Council is endeavouring to determine the work required to make the Saleyards environmentally and OH&S compliant, following which there will be further discussions with the Association in relation to their offer.

 

2        WorkCover be again requested to undertake an audit of the Macksville Saleyards.

 

 

 

 


ITEM 9.3           SF21             150312      Establishment of the Macksville Saleyards Advisory Committee (Item 9.3 in the General Purpose Committee)

3459/12 RESOLVED:       (Moran/Finlayson)

 

1        That Council note the establishment of an autonomous Macksville Saleyards Advisory Committee and advise G J Kennedy & Co Pty Ltd that Council’s Business Development Manager, Mr Wayne Lowe will attend meetings of the Committee as Council’s representative.

 

2        That the newly formed Committee be advised they are autonomous of Council and have no delegated authority to act on Council’s behalf.

 

3        That Council not convene meetings of its own Saleyards Advisory Committee in lieu of the         establishment of the autonomous Macksville Saleyards Advisory Committee.

 

 

 


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 Report

 

ITEM 9.1      SF959                150312      Outstanding Actions and Reports

3460/12 RESOLVED:       (Flack/Ainsworth)

 

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

 

 

 

ITEM 9.2      SF341                150312      Polling on Community Attitudes to 4WD Vehicles on Beaches

3461/12 RESOLVED:       (Flack/Court)

 

1        That Council incorporate a question in its 2013 Resident Satisfaction Survey on community attitudes to vehicles on beaches.

 

2        That the Valla Beach Community Association be advised of Council’s decision.

 

 

 

ITEM 9.3      SF621                150312      Aboriginal Land Claim 24062 at Valla Beach

3462/12 RESOLVED:       (Moran/Ballangarry)

 

That Council advise the Crown Lands Division that it would prefer Part Reserve 82967 (lot 7306 DP 1157223) to remain as Crown Land for the reasons that the Reserve is required for essential public purposes being bush fire hazard reduction; access to the riparian zone of Deep Creek for weed control and finally as a neighbourhood park.

 

3463/12 Resolved:       (Hoban/Court)

 

That Council write to the Local Aboriginal Land Council requesting details of all the claims so as to determine whether any areas are under the care, control and management of Council.

 

 

 

ITEM 9.4      SF327                150312      Nambucca District Band Committee of Management - Minutes of the Annual General Meeting - 20 February 2012

Motion:      (Moran/Ainsworth)

 

1        That Council endorse the Nambucca District Band Committee of Management’s minutes of the Annual General Meeting held on 20 February 2012 and thank the outgoing Committee for their work in the past twelve months.

 

2        That Council make a budget provision of $4,000 to the Nambucca District Band Committee of Management for 2012/2013

 

Amendment:       (Smyth/Flack)

 

1        That Council endorse the Nambucca District Band Committee of Management’s minutes of the Annual General Meeting held on 20 February 2012 and thank the outgoing Committee for their work in the past twelve months.

 

2        That Council consider making a budget provision of $4,000 to the Nambucca District Band Committee of Management for 2012/2013

 

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

 

3464/12 Resolved:       (Smyth/Flack)

 

1        That Council endorse the Nambucca District Band Committee of Management’s minutes of the Annual General Meeting held on 20 February 2012 and thank the outgoing Committee for their work in the past twelve months.

 

2        That Council consider making a budget provision of $4,000 to the Nambucca District Band Committee of Management for 2012/2013.

 

 

 

ITEM 9 .7     SF327                150312      Nambucca District Band - Committee of Management - Budget Allocation

3465/12 RESOLVED:       (Flack/Moran)

 

That Council make a donation of $4,000 to the Nambucca District Band Committee of Management for 2011/2012.

 

 

 

ITEM 9.5      SF394                150312      Investment Report to 29 February 2012

3466/12 RESOLVED:       (Moran/Court)

 

That the Accountants’ Report on Investments placed to 29 February 2012 be noted.

 

3467/12 Resolved:       (Moran/Ainsworth)

 

That Council receive a report on all long term funds.

 


 

Item 9.6 was dealt with earlier in these minutes.

 

 

Item 9.7 was dealt with earlier in these minutes.

 

 

 

 


Director Environment and Planning Report

 

ITEM 10.1    SF1709              150312      Development Application Statistics with Comparable Figures for all Developments for 2011/2012 and Comparable Years from 2006-2011

3468/12 RESOLVED:       (Moran/South)

 

That Council note development application statistics and processing times for the years 2006 to 2011.

 

 

 

ITEM 10.2    SF1709              150312      DEP Applications and Statistical Reports 2011-2012, and Certificates Received 2010-2012

3469/12 RESOLVED:       (Flack/Court)

 

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

 

2          That Council note the statistical information for Applications and Certificates received and released by Council for 2010-2012.

 

 

 

ITEM 10.3    SF1709              150312      Outstanding DA's greater than 12 months, applications where submissions received not determined to 2 March 2012

3470/12 RESOLVED:       (Flack/Ballangarry)

 

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 10.4    SF1709              150312      DA's and CDC's Received and Determined under Delegated Authority to 2 March 2012

3471/12 RESOLVED:       (Finlayson/Moran)

 

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

 

 


 

ITEM 10.5    SF281                150312      Youth Week 2012 - Program

3472/12 Resolved:       (Moran/Smyth)

 

That Council approves the Youth Week 2012 activities which are being run by Nambucca Shire Council.

 

3473/12 Resolved:       (Hoban/Smyth)

 

That staff be asked to consider and report back to Council regarding the use of facebook or twitter to communicate with young people.

 

 

 

ITEM 10.6    SF1268              150312      Grassy Park Reserve, Bowraville - Flying Fox Plan of Management

3474/12 RESOLVED:       (Flack/Court)

 

That the Flying Fox Plan of Management – Grassy Park Reserve, Bowraville go on public exhibition for 28 days from 22 March to 23 April 2012.

 

 

 

ITEM 10.7    SF777                150312      Listing of the Lowland Rainforest of Subtropical Australia as an Endangered Ecological Community

3475/12 RESOLVED:       (Flack/Smyth)

 

1          That Council note the advice that the Lowland Rainforest of Subtropical Australia has been listed as an Endangered Ecological Community (EEC) under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).

 

2          That Council authorise the Grants Officer to investigate funding opportunities to undertake the ground truthing of the indicative vegetation mapping currently used by Council.

 

3476/12 Resolved:       (Hoban/Ainsworth)

 

That Council write to the Hon Tony Burke MP (Minister for Sustainability, Environment, Water, Population and Communities) asking what public consultation occurred prior to the determination; requesting whatever mapping the Department has relating to this Shire and if it can be provided to Council; and whatever assistance can be provided to Council and private land owners for ground truthing to determine definitively where the EECs occur.

 

 

 

ITEM 10.8    SF1040              150312      Local Development Performance Monitoring 2010-2011 Department of Planning and Infrastructure

3477/12 RESOLVED:       (Flack/Court)

 

1          That Council note the release of the 2010-11 Local Development Performance Monitoring report released by the NSW Department of Planning & Infrastructure.

 

2          That Council note that Nambucca Shire Council has performed well in comparison to the previous year and the Group 11 Council averages.

 

 


 

ITEM 10.9    DA2012/011        150312      DA 2012/011 Staged 346 Lot Residential Subdivision Plus Residue & Associated Works - Update

3478/12 RESOLVED:       (Court/South)

 

That Council note that DA2012/011 has had a preliminary assessment and additional information has been requested before the application may progress to exhibition stage.

 

 

 

ITEM 10.10   SF1148              150312      Contract Regulatory Officer's Report February 2012

3479/12 RESOLVED:       (Flack/Moran)

 

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

 

 

 

ITEM 10.11   SF1541              150312      Planning Proposal - Split Zone Minimum Lot Size Amendment to the Nambucca LEP 2010

3480/12 RESOLVED:       (Ainsworth/Court)

 

1        That Council proceed to amend the Nambucca LEP 2010 in accordance with the recommended Clause 4.1B to ensure Lots in split zones may be subdivided in accordance with adopted strategies and minimum lot sizes.

 

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 Hoban, Court, Ballangarry, Flack, Smyth, Finlayson, Ainsworth,                                            Moran and South             (Total 9)

Against the motion:          Nil

 

 

 

Director Engineering Services Report

 

ITEM 11.1    SF992                150312      Minutes of the Nambucca Emergency Operations Centre Committee - 21 February 2012

3481/12 RESOLVED:       (Moran/Flack)

 

1        That the minutes of the Nambucca Emergency Operations Centre Committee held 21 February 2012 be received and noted.

 

2        That a Memorandum of Understanding be developed and signed by the RFS, SES and Council on the combined use of the Nambucca Emergency Operations Centre facilities which shall include the use by all parties of training rooms 1 and 2 and the Memorandum of Understanding shall define the ownership and responsibility of fittings and furnishings and the coordinated approach for the booking and receipt of fees.

 

 


 

ITEM 11.2    SF772                150312      Evacuation Plan for the White Albatross Holiday Park Nambucca Heads

3482/12 RESOLVED:       (Flack/South)

 

That Council write to the Minister seeking support to have the Manufactured Home Estate Caravan Park and Camping Regulations amended to include the requirement for the provision of a detailed emergency evacuation plan for all occupants and advise Mr Mann of this action.

 

 

 

 

ITEM 11.3    SF1676              150312      Capital Works - Progress Report

Motion:      (Flack/South)

 

That the report be noted.

 

Amendment:       (Hoban/Flack)

 

That this item be deferred and the author asked to provide a complete report on all non-recurrent expenditure items in the engineering Department budget including Water, Sewer and Plan Acquisition.

 

That the report provides details of the original budget estimates and expenditure to date with comment on any anticipated variance or delay in project completion.

 

Further, that the author of the report be reminded of the obligations of staff under Clause 10.3 of Council’s Code of Conduct.

 

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

 

3483/12 Resolved:       (Hoban/Flack)

 

That this item be deferred and the author asked to provide a complete report on all non-recurrent expenditure items in the Engineering Department budget including Water, Sewer and Plant Acquisition.

 

That the report provide details of the original budget estimates and expenditure to date with comment on any anticipated variance or delay in project completion.

 

Further, that the author of the report be reminded of the obligations of staff under Clause 10.3 of Council’s Code of Conduct.

 

 

 

ITEM 11.4    SF1031              150312      Final Draft Noxious Weeds and Other Invasive Plants Policy

3484/12 RESOLVED:       (Court/Ainsworth)

 

That Council adopt the Noxious Weeds and Invasive Plants Policy (Document 12179/2011) which now replaces the following policies:

 

·                Policy – Noxious Weeds and Animals – Control of Noxious Weeds (Document 25291/2007)

·               Policy – Noxious Weeds and Animals – Advertising Spraying (Document 25290/2007)

 

  

 


General Purpose Committee REPORT

 

ITEM 9.1           SF820            150312      Quarterly Performance Review - 30 September 2011 (Item 9.1 in the General Purpose Committee)

3485/12 Resolved:       (Court/Flack)

 

That Council note the extent to which the Performance Targets have been achieved for the quarter ending 31 January 2012.

 

3486/12 Resolved:       (Flack/Smyth)

 

1        That page numbers be included in the future Quarterly Performance Review reports.

 

2        That Item 1.5.3 be amended to include the involvement of a Nambucca Shire Councillor on the Board of Arts Mid North Coast and that the annual measure include a Councillor’s participation on the Board.

 

3487/12 Resolved:       (Hoban/Ainsworth)

 

That in relation to 4.2.1, that the annual requirement for bridges include a target to inspect bridges after a flood event. 

 

 

Item 9.2 was dealt with earlier in these minutes.

 

 

Item 9.3 was dealt with earlier in these minutes.

 

 

 

Cr Flack left the meeting at 7.27 pm and returned at the conclusion of Item 9.4 at 7.28 pm.

 

ITEM 9.4           SF988            150312      Presentation by the Mid North Coast Local Health District  - Warren Grimshaw AM, Chair of the Board and Stewart Dowrick, Chief Executive (Item 9.4 in the General Purpose Committee)

3488/12 Resolved:       (Court/Smyth)

 

That Council thank Mr Warren Grimshaw AM, Chair of the Board and Mr Stewart Dowrick, Chief Executive from the Mid North Coast Local Health District Board for their presentation to Council in relation to health services in the Nambucca Shire.

 

 

 

ITEM 10.1         SF1268          150312      Walking Track Nambucca River to Shelly Beach. Emergency Evacuation Plan Wellington Drive (Item 10.1 in the General Purpose Committee)

3489/12 RESOLVED:       (Court/Flack)

 

That Council note the location of the proposed 2.4m wide track from the Nambucca River towards the end of the training wall to Shelly Beach and that its location avoids any Endangered Ecological Community and further consider options for the access track from Wellington Beach to the new proposed track in consultation with Dune Care and Mr Ellis.

 

 


 

ITEM 11.1         SF1743          150312      Tree Register (Item 11.1 in the General Purpose Committee)

3490/12 RESOLVED:       (Hoban/South)

 

That this item be referred back to the Director Engineering Services so that he may prepare a further report and recommendation to Council on a proposal which addresses historic, senescent or publicly significant trees on public land in urban areas.

 

fi3491/12 Resolved:      (Finlayson/Flack)

 

That Council express to staff involved with the design and construction of the foreshore improvements at River Street Macksville its thanks and congratulations on a job well done.

 

   

 

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 11 April 2012.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)