NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 26 April 2012

The following document is the minutes of the Council meeting held on 26 April 2012.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 16 May 2012 and therefore subject to change.  Please refer to the minutes of 16 May 2012 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Brian Finlayson

Cr Janet Court

Cr Mike Moran OAM

Cr Paula Flack

Cr Anne Smyth

Cr Elaine South

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Selina McNally (for Director Environment & Planning)

Noel Chapman (for Director Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

CITIZENSHIP CEREMONY

 

The Mayor, Rhonda Hoban, presented Mr David Edward Payne with his Australian Citizenship Certificate after the ceremony which was conducted in the Council Chambers.

 

 

APOLOGY

 

Cr Ballangarry OAM

 

 

DISCLOSURE OF INTEREST

 

The General Manager, Michael Coulter, declared a pecuniary interest in Item 11.4 Minutes of the Nambucca River, Creeks, Estuary and Coastline Management Committee Meeting held on 30 March 2012 under the Local Government Act as Mr Coulter is the Honorary Secretary of the Macksville-Scotts Head SLSC, which for the purposes of Section 443 of the Act is a company or other body which may have an expectation of gain or loss arising out of a review of Section 94 plans for surf life saving.  The General Manager left the meeting for the duration of this item.

 

Councillor R Hoban declared a non-pecuniary less significant conflict of interest in Item 12.2 Coronation Park BBQ Kiosk under the Local Government Act as Cr Hoban has a son who plays for a Nambucca Rugby League Club. 

 

Councillor ES South declared a non-pecuniary significant conflict of interest in Item 6.1 Rescission Motion: Findings of the Odour Testing Free-Range Piggery, Tewinga under the Local Government Act as Cr South also owns a free range piggery.  Cr South left the meeting for the duration of this item.

 

Councillor PF Flack declared a non-pecuniary less significant conflict of interest in Item 6.1 Rescission Motion Findings of the Odour Testing Free-Range Piggery, Tewinga under the Local Government Act as Mr Goesch, a key stakeholder, is Cr Flack’s mechanic.

 

Councillor Smyth declared a non-pecuniary less significant conflict of interest in Item 6.1 Rescission Motion Findings of the Odour Testing Free-Range Piggery, Tewinga under the Local Government Act as one of the affected residents is Cr Smyth’s family mechanic.

 

Councillor JA Ainsworth declared a non-pecuniary less significant conflict of interest in Item 11.4 (5.3) Minutes of the Nambucca River, Creeks, Estuary and Coastline Management Committee Meeting held on 30 March 2012 under the Local Government Act as Cr Ainsworth is a land owner in the Gumma catchment. 


 

CONFIRMATION OF MINUTES - SPECIAL Council Meeting 4 April 2012

 

3345/12 Resolved:       (Moran/Ainsworth)

 

That the minutes of the Special Council Meeting of 4 April 2012 be confirmed.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 11 April 2012

 

3346/12 Resolved:       (Flack/Smyth)

 

That the minutes of the Ordinary Council Meeting of 11 April 2012 be confirmed subject to the following amendments:

 

Page 9    Item 9.6 Sale of Council Owned Land at the Bowraville Racecourse to the Nambucca River Jockey Club, Cr Flack declared a conflict of interest and left the meeting, but was counted for the motion.  The numbers for and against the motion should have been:

 

For the motion:                Councillors Hoban, Court, Smyth, Finlayson, Ainsworth, Moran and South                                              (Total 7)

Against the motion:          Nil

 

 

NOTICE OF MOTION - CR Hoban

 

ITEM 5.1      SF959                260412      Notice Of Motion - Widening of Footpath, Marshall Way, Nambucca Heads

3347/12 RESOLVED:       (Hoban/South)

 

1        That Council consider a future budget allocation to widen the footpath on the northern side of Marshall Way to accommodate motorised scooters and other forms of assisted transport.

 

2        That when assessing future development applications for facilities expected to cater for individuals with assisted mobility needs, Council consider the adequacy of footpath widths.

 

 

NOTICE OF MOTION - CR Hoban

 

ITEM 5.2      SF1714              260412      Notice of Motion - Cost Shifting Survey Results For 2009/10 (SF640)

3348/12 RESOLVED:       (Hoban/Flack)

 

That Council note the significant burden cost shifting places on its financial position and its ratepayers.

 

 

 

DELEGATION

 

3349/12 Resolved:       (Court/Ainsworth)

 

That the following delegations be heard:

i)        Mr Geoff Goesch

          Item 6.1       Notice of Rescission: Findings of the Odour Testing Free Range Piggery, Tewinga

 

ii        Mr Noel Hamblion

          Item 12.2     Coronation Park BBQ Kiosk

 

Mr Goesch addressed Council making the following points:

·    Would prefer motion to stand

·    Comments of technology at last meeting may place doubt in some minds

·    Not new technology and is actually being used in medicine

·    People can sense by smell better than machine/technology

·    E-nose can actually pick up odours

 

 

 

Notices of Rescission

 

Cr South left the meeting at 5.47 pm and returned after the conclusion of this item at 6.15 pm.

 

ITEM 6.1      SF794                260412      Rescission Motion: Findings of the Odour Testing Free Range Piggery, Tewinga (SF1541, DA2010/031)

3350/12 Resolved:       (Ainsworth/Finlayson)

 

That Council rescind the following resolution:

 

That, if the number of pigs on the property increases and Council receives further complaints regarding odour, Council seeks legal advice from a Barrister with appropriate expertise as to whether in the light of this new information Council should reconsider the need for a development application for the Tewinga Piggery.

 

3351/12 Resolved:       (Hoban/Court)

 

That the applicant be given six (6) months to address and implement the recommended remediation measures and if the Council receives further complaints in regard to the odour from the Piggery after that period that Council seek legal advice from a Barrister with appropriate expertise as to whether in the light of this new information Council should reconsider the need for a development application for the Tewinga Piggery.  That the applicant also be advised that this does not preclude Council from taking action under the POEO Act and the Local Government Act.

 

 

 

PUBLIC FORUM

 

3352/12 Resolved:       (Court/Ainsworth)

 

That the following Public Forum be heard:

 

Mr Michael Porter—Speed limits

 

Mr Porter addressed Council making the following points:

·    Speed limit signs in whole Shire

·    Employee of Nambucca Shire Council and travels on all our roads in his work capacity

·    Package to be put together that Pacific Highway speed should be 80 kph from northern to southern end of our Shire as should Wilson Road and Rodeo Drive

·    Gave an example of Rodeo Drive from the 100 kph to C3 Church at Wirrimbi, with only a sign that warns slippery when wet, no other appropriate speed signs—also from Wirrimbi to Bowraville

·    Concerned for young drivers

·    Road authority is reactionary to when accidents happen

·    Mentioned speed limits on Pacific Hwy around Warrell Creek into Macksville

·    Frightening for people coming onto the Hwy from link roads

·    Lucky that we do not have more serious accidents

·    Mentioned Scotts Head Road which is also 100 kph

·    Appreciates that there are reviews underway but wants speed limited to 80kph as part of the review

·    All of us as concerned people must assist to relieve pressure on truck drivers not to have to speed

·    Seaview Street is almost a main road—should be 40 kph—heavily populated

 

3353/12 Resolved:       (Ainsworth/Court)

 

That Council resubmit those previous requests to the Roads and Maritime Services for reconsideration of the speed limit to 80 kph for all Shire roads and the Pacific Highway except those already signposted with a lower speed limit.

 

3354/12 Resolved:       (Smyth/Flack)

 

That Council request the Traffic Committee to consider a limit of 40 kph for Seaview Street and Bent Street, Nambucca Heads.

 

 

 

DELEGATIONS continued

 

Mr Noel Hamblion addressed Council making the following points:

·    Apology Senior League and Junior League were coming to Council meeting but had other commitments

·    Council’s report does not have all the details that were requested

·    Need for cooking area in the canteen

·    The Trust - misunderstanding where funds were coming from

·    Council staff have seen what the club has achieved and were impressed with the result

·    Football club can construct the barbeque/kiosk, they have suitably qualified tradesmen on the Club

·    Welcomes Council to view the work already completed (more than 50% on phase 2)

·    Need funds for cooking requirements

·    Will be used by all levels of the league

·    Prior to last season the Club was all but non existent and has gone to grand finalist in 2011

·    It is a good football ground

·    Kiosk needed to continue to make funds.

 

ITEM 12.2    PRF15                260412      Coronation Park BBQ Kiosk

3355/12 RESOLVED:       (Ainsworth/South)

 

That Council inspects the work already completed by the Club at an onsite inspection at the next Council meeting.

 

That Council consider financial assistance to the Nambucca Senior Rugby League for funding the construction of a BBQ Kiosk at Coronation Park in the 2012/2013 budget.

 

3356/12 Resolved:       (Flack/Court)

 

That the Nambucca Senior Rugby League Club and Council’s Grants Officer work together to identify grant opportunities for funding the construction of a BBQ Kiosk at Coronation Park.

 

 

 

3357/12 Resolved:       (Court/Flack)

 

That items 10.3 and 11.5 be brought forward as there are interested parties in the gallery.

 

 


GENERAL MANAGER’S REPORT

 

ITEM 10.3    SF1650              260412      Unkya Reserve Playground Grant - Matching Funding

Motion:      (Flack/Court)

 

That funding of $19,745.50 be allocated to the Unkya Reserve Playground Project as matching funding for the Community Building Partnership Program 2011/2012 grant.

 

Amendment:       (Ainsworth/Flack)

 

That Council defer this matter until it has had the opportunity to conduct an onsite inspection at Council’s next meeting to ascertain the exact position of the playground.

 

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

 

3358/12 Resolved:       (Ainsworth/Flack)

 

That Council defer this matter until it has had the opportunity to conduct an onsite inspection at Council’s next meeting to ascertain the exact position of the playground.

 

3359/12 Resolved:       (Flack/Smyth)

 

That any grant application that involves a financial contribution from Council comes to Council for consideration if time allows and in the event of deadlines precluding the above, that the application be brought to Council’s attention at the next ordinary meeting.

 

 

 

DIRECTOR ENVIRONMENT AND PLANNING REPORT

 

ITEM 11.5    DA2012/004        260412      DA 2012/004 - Further Report on Extensions to Medical Centre

3360/12 RESOLVED:       (Ainsworth/Finlayson)

 

That Council approve the application subject to the conditions drafted in the report and on the basis that, if the Traffic Committee does not support the proposal for the ‘1 Hour’ parallel parking bays on Marshall Way, the Consent remains valid as 3 (three) additional on site car parks will still be provided.

 

For the motion:                Councillors Court, Flack, Smyth, Finlayson, Ainsworth, South and Hoban                                                (Total 7)

Against the motion:          Cr Moran      (Total 1)

 

 

 

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.

 

 

 

The meeting adjourned at 7.45 pm.

The meeting resumed at 8.19 pm.

 

 

 


General Manager Report

 

ITEM 10.1    SF959                260412      Outstanding Actions and Reports

3361/12 Resolved:       (Flack/South)

 

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

 

3362/12 Resolved:       (Hoban/Flack)

 

That Council provide a copy of Planning and Infrastructure’s responses to Council’s suggested amendments to the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 to Mrs Vicki Gee and Mr Norman Mann.

 

 

 

ITEM 10.2    SF394                260412      Investment Report to 31 March 2012

3363/12 RESOLVED:       (Ainsworth/South)

 

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

 

 

Item 10.3 Unkya Reserve Playground Grant – Matching Funding was dealt with earlier in the meeting.

 

 

 

ITEM 10.4    SF775                260412      Arts Mid North Coast - Nomination for Council Representation on the Board

3364/12 RESOLVED:       (Flack/Court)

 

That Council defer this item until after the September Local Government elections when the new Council determines its committees.

 

 

 

General Manager Report – LATE

 

ITEM 10.5    SF7                    260412      100th Macksville Show Window Display Competition

3365/12 RESOLVED:       (Smyth/Flack)

 

That Council note the great effort put into Council’s entry for the Nambucca River District Agricultural Association Ltd 100th Macksville Annual Show Window Display Competition and congratulate all those people involved.

 

 

 

Director Environment and Planning Report

 

ITEM 11.1    SF1709              260412      Outstanding DA's greater than 12 months, applications where submissions received not determined to 30 March 2012

3366/12 RESOLVED:       (Flack/Court)

 

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 11.2    SF1709              260412      DA's and CDC's Received and Determined under Delegated Authority to 13 April 2012

3367/12 RESOLVED:       (Court/Moran)

 

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

 

 

 

ITEM 11.3    SF1719              260412      Minutes of the Access Committee meeting held 27 March 2012

3368/12 RESOLVED:       (South/Flack)

 

1          That Council staff investigate and report on the removal of a step, which poses an access problem to the public disabled toilet in Winifred Street, Macksville.

 

2          That the Traffic Committee investigate the replacement of silent cop at the corner of Estuary Lane and Ridge Street, Nambucca Heads.

 

3          That the remainder of the Minutes of the Access Committee held on 27 March 2012 be endorsed by Council.

 

 

 

 

The General Manager left the meeting at 8.39 pm and returned after the conclusion of this item at 8.45 pm.

 

ITEM 11.4    SF1496              260412      Minutes of the Nambucca River, Creeks, Estuary and Coastline Management Committee Meeting held on 30 March 2012

3369/12 RESOLVED:       (Flack/Ainsworth)

 

1          That the following amendments/actions be made to the Coastal Zone Management Plan in relation to the North Valla Beach 4WD access:

 

a        Keep the 4WD track open and operational as an interim measure.

 

b        Maintain the track surface to a serviceable condition for emergency access, restore/rehabilitate track margins and provide drainage to reflect natural regimes as much as practical.

 

c        Install signage at the track entrances about safe and responsible off road vehicle driving and the sensitivity of coast dune and wetland habitats to disturbance.

 

d        Conduct more detailed feasibility assessment of potential alternative routes within the Valla Beach area. Noting other sensitive ecological communities and coastal landforms as well as engineering and safety requirements of alternative routes .

 

e        Advise the members of the Vehicular Access to Beaches Committee, local 4WD clubs/fishing clubs, emergency services and the authority responsible for Wenonah Headland 4WD access that Council is considering alternative off road vehicle access arrangements for North Valla Beach and seek their feedback on providing emergency vehicle access only, or track closure, or the feasibility of other potential local routes or other options further north along the beach.

 

f         Investigate means and opportunities for educating persons using the beach to reinforce safety issues (interactions with other beach users) and responsible driving.

 

g        Continue to monitor the condition and use of the existing access track (e.g. how many vehicles a month and when does peak use occur).

 

 

h        Depending on the outcomes of these further feasibility studies, driver education and consultation, the matter be reported back to Council for further consideration. Partial closure (except for emergency vehicle access) or full closure and rehabilitation are possible options.

 

2          That management actions for Hyland Park pedestrian link to the bridge and the access to black rock area be incorporated into the actions of the CZMP.  Management Actions for both areas are to include monitoring and management on an as needs basis.

 

3          That the draft CZMP plan be amended where necessary to ensure correct referencing of government agencies and minor wording amendments throughout the document to clarify responsibilities, approval requirements, partnership relationships and the significance of ecological values along the Nambucca coast.

 

4          That minor wording changes are made to ensure that the document is directly aligned with any specific layout or wording requirements of the NSW Guidelines for Coastal Zone Management Plans.

 

5          That Council review its Section 94 Plan for Community Facilities and investigate opportunities for including Surf Life Saving equipment/facilities taking into consideration coastal process issues that may affect the function and safety aspects of the Surf club facilities and surrounding precincts, funding matters identified as short term priorities within the Coastal Zone Management Plan and consideration of including the Valla Beach Footbridge with the Catchment area to include the Valla Urban Growth Area.

 

6          That a submission be made to the Catchment Management Authority seeking funding for the construction of a bridge or culvert duplication for the access to Stuart Island and also investigate to have this on the Catchment Plan for 2012-2020.

 

7        That the remaining Minutes from the Nambucca River, Creeks, Estuary and Coastline Management Committee Meeting held on Friday, 30 March 2012 be endorsed.

 

 

Item 11.5 DA 2012/004Further Report on Extensions to Medical Centre, was dealt with earlier in this meeting.

 

 

 

Director Engineering Services Report

 

ITEM 12.1    SF1642              260412      Bowraville Sewage Treatment Plant – Proposed Constructed Wetland To Improve Effluent Quality

Motion:      (Flack/Court)

 

1        That Council allocate funding of $450,000 spread across the 2012/13 and 2013/14 budget years for the design and construction of the proposed constructed wetland.

 

2                That Council seek a fee proposal from suitable companies for the preparation of concept, detail design and documentation for the proposed constructed wetland. 

 

3370 Amendment:        (Ainsworth/Moran)

 

That this item be deferred to the next Council meeting in order to conduct an onsite inspection and that Council write to other councils, including Byron Bay, requesting information about the success or otherwise encountered with the construction of their wetlands.

 

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

 

 

 

3371/12 Resolved:       (Ainsworth/Moran)

 

That this item be deferred to the next Council meeting in order to conduct an onsite inspection and that Council write to other councils, including Byron Bay, requesting information about the success or otherwise encountered with the construction of their wetlands.

 

3372/12 Resolved:       (Flack/Smyth)

 

That Council include information on its website and in the next rate payers’ newsletter about the costs to and impacts on the environment of detergents and urging the use of lower impact environmental products.

 

 

Item 12.2 – Coronation Park BBQ Kiosk, was dealt with under Delegations.

 

 

ITEM 12.3    SF843                260412      Minutes of the Vehicular Access to Beaches Committee - 13 April 2012

3373/12 RESOLVED:       (Court/Ainsworth)

 

1        That Council continue with a series of media releases leading up to the holiday periods.

 

2        That the minutes of the Vehicular Access to Beaches Committee meeting on 13 April 2012  be noted and adopted.

 

 

ITEM 12.4    SF1676              260412      Capital Works Report

3374/12 RESOLVED:       (Ainsworth/Moran)

 

That the Capital Works Report for the period ending March 2012 be received and noted.

 

 

ITEM 12.5    SF444                260412      Review of Heavy Patching Operations

3375/12 RESOLVED:       (Flack/Finlayson)

 

That the interim report into heavy patching operations from the Manager Civil Works and the activity summary report from NorthPipe Constructions be received and noted.

 

 

ITEM 12.6    SF85                  260412      Review of Local Government Engagement with the RFS - Discussion Paper

3376/12 RESOLVED:       (Flack/Smyth)

 

That Council provide a submission to the LGSA advising Council endorses Option 1 within the discussion paper “Retracting Local Governments operational involvement with the RFS“.

 

    

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 9.30 pm. 

Confirmed and signed by the Mayor on 16 May 2012.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)