NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 31 May 2012

The following document is the minutes of the Council meeting held on 31 May 2012.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 13 June 2012 and therefore subject to change.  Please refer to the minutes of 13 June 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 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

 

Captain John Viles from the Salvation Army offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor Smyth declared a non-pecuniary less significant conflict of interest in Item 10.3 Flying Fox Plan of Management - Grassy Park, Bowraville under the Local Government Act as Ms van Son , Landcare, who addressed Council under Delegations, is Cr Smyth’s sister-in-law.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 16 May 2012

 

3406/12 RESOLVED:       (South/Flack)

 

That the minutes of the Ordinary Council Meeting of 16 May 2012 be confirmed subject to the following amendment:

 

Page 9 Item 12.2  Recommendation 6 should read as:

 

6     The position of Director Environment and Planning be made redundant.  Further, that the redundancy arrangements for the current Director be determined following the recruitment and appointment of the Assistant General Manager—Corporate and Community Services, on a fixed term contract in approximately twelve months time.

 

 

NOTICE OF MOTION - CR Hoban – LATE

 

ITEM 5.1      SF1714              310512      Councillor Michael Andrew (Cactus) Moran OAM

3407/12 RESOLVED:       (Hoban/Ainsworth)

 

That Council make a donation of $500 to the Nambucca Valley Dialysis Fund.

 

  

Note:  The Mayor invited Council and members of the public present in the gallery to observe a minute’s silence for the passing of Cr Michael Moran OAM.

 

 

DELEGATIONS

 

Resolved: (Court/South)

 

That the following delegations be heard:

 

10.3   Flying Fox Plan of Management - Grassy Park, Bowraville

          I)        Ms Di Glennon

          II)       Ms Joy van Son

 

11.4   Tender - T003/2012 Landslip Remediation Works Boat Harbour Road, Yarranbella

          i)        Ms Joy Lane

 

 

Ms Glennon addressed Council making the following points:

·    Tribute to Cr Moran

·    Speaking on behalf of Bowraville residents and their objection to this plan

·    Currently no bats – don’t want them to come back

·    Sought Council’s assistance for 11.5 years – bats still there

·    Area needs to be replanted with low lying shrubs

·    Bats and humans cannot cohabitate in harmony

·    Bats have many choices to live

·    Living next to a bat colony is like living in hell

·    Health risks, diseases carried

·    Park should not encourage bats to move back

·    Do not want to be prisoners in our own homes

·    Droppings cause much damage to cars, home etc

·    People swimming in river are subjected to health risks

·    Bats have destroyed the reserve, the vegetation and lives of residents

·    Area no longer viable for picnics, swimming, walking etc

·    More needs to be done so bats do not return

·    Should be maintained as park for people

·    Plan has to be rejected.

 

Ms van Son addressed Council making the following points:

·    From Nambucca Valley Land Care

·    Area closest to the houses has been re vegetated and replanted and maintained

·    Many volunteers and groups involved

·    Kids learning about native trees and flying foxes

·    These are a protected species, any action must be done under a licence with strict conditions

·    Actions taken at the Bowraville will impact on other camps

·    Re vegetation must be conducted in stages

·    Estimated cost of $200,000

·    Special species of vegetation must be chosen

·    Endangered ecological species must also be considered and restored

·    People have started using the area again for passive recreation

·    Experience from other areas up and down the coast can be used by our Council

·    Will improve local economy and tourism.

 

 

ITEM 10.3    SF430                310512      Flying Fox Plan of Management - Grassy Park, Bowraville

Motion:      (Flack/Court)

 

1          That the Flying Fox Plan of Management for Grassy Park, Bowraville be endorsed.

 

2          That grant funding be used and sourced to implement the actions.

 

Amendment:       (Hoban/Court)

 

That the Flying Fox Plan of Management for Grassy Park be endorsed that grant funding be used and sourced to implement the actions; and the success of any implemented actions be reviewed within twelve (12) months and monitored annually in consultation with the community

 

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

 

Motion:      (Hoban/Court)

 

That the Flying Fox Plan of Management for Grassy Park be endorsed that grant funding be used and sourced to implement the actions; and the success of any implemented actions be reviewed within twelve (12) months and monitored annually in consultation with the community

 

Further Amendment:          (Finlayson/Ainsworth)

 

That this plan be deferred for three (3) months so as to provide affected residents with the opportunity to establish a committee and to put forward an alternative plan of management for Council’s consideration.

 

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

 

3408/12 Resolved:       (Finlayson/Ainsworth)

 

That this plan be deferred for three (3) months so as to provide affected residents with the opportunity to establish a committee and to put forward an alternative plan of management for Council’s consideration.

 

NoteCr Flack and Cr Ballangarry requested that their votes be recorded as against this resolution.

 

 

 

DELEGATIONS continued

 

Ms Lane addressed Council to a prepared statement which is on Trim file T003/2012:

 

ITEM 11.4    T003/2012           310512      Tender - T003/2012 Landslip Remediation Works Boat Harbour Road, Yarranbella

3409/12 RESOLVED:       (Ainsworth/Flack)

 

1        That Council accept the Tender for T021/2010 Landslip Remediation Works Boat Harbour Road, Yarranbella from JB & JA Bilson.

 

2        That Council formally advise the Roads and Martine Service that it accepts the Natural Disaster funding (reference A/01787/09) for the amount of $1,054,160 being for the restoration of flood damage to Boat Harbour Road following the January/February 2012 flood event.

 

 

 

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      SF1620              310512      Outstanding Actions and Reports

3410/12 RESOLVED:       (Flack/Court)

 

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

 

 

 

3411/12 Resolved:       (Flack/South)

 

That Item 9.5 be brought forward as there were interested parties in the public gallery.

 

 

 

ITEM 9.5      PRF43                310512      Transfer of the Macksville Showground to the Nambucca River District Agricultural Association Limited

3412/12 RESOLVED:       (South/Ainsworth)

 

That the information concerning the proposed Deed of Agreement between Council and the Nambucca River District Agricultural Association Limited preparatory to the transfer of the Macksville Showground to the Association be received.  Further, that the General Manager ask the Nambucca River District Agricultural Association Limited to consider accepting responsibility to replace the seating with Council’s budgeted allocation of $20,000.  Further, that the plant hire use be capped at $5,000 (internal plant hire rates).

 

 

 

ITEM 9.2      SF544                310512      Section 94 Status Report

3413/12 RESOLVED:       (Court/Smyth)

 

1        That Council approve the addition of the Unkya Reserve Playground and the Ferry Street Amenities Block to the works schedule of Community Facilities and Public Open Space 2008 Contributions Plan (CFPOS) and advertise the amended works schedule for 28 days.

 

2        That Council approve the allocation of an additional $50,000 to the Macksville Tennis Club Car Park project from the s.94 fund for the CFPOS and that the Works Schedule be revised to increase the project cost from $50,000 to $100,000

 

3        That Council note that a five-year Works Schedule for the CFPOS will be developed as part of the plan’s  review in 2013.

 

 

 

ITEM 9.3      SF600                310512      Compulsory Acquisition of Council Owned Land for the Pacific Highway Upgrade

Motion:      (Finlayson/South)

 

That Council agree to the compulsory acquisition of Lots 90 and 91 DP 255653 by Roads and Maritime Services and accept the compensation to be determined by the Valuer General and for the funds to be directed to Council’s Property Development Reserve.  Further that Council’s seal be attached, as required, to any of the transfer documents.

 

Amendment:       (Flack/Court)

 

1        That Council agree to the compulsory acquisition of Lots 90 and 91 DP 255653 by Roads and Maritime Services and accept the compensation to be determined by the Valuer General and for the funds to be directed to Council’s Property Development Reserve.  Further that Council’s seal be attached, as required, to any of the transfer documents.

 

2               That the letter of agreement includes a request that Council be compensated with nesting boxes or equivalent funds for the removal of any hollow bearing trees.

 

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

 

3414/12 Resolved:       (Flack/Court)

 

1        That Council agree to the compulsory acquisition of Lots 90 and 91 DP 255653 by Roads and Maritime Services and accept the compensation to be determined by the Valuer General and for the funds to be directed to Council’s Property Development Reserve.  Further that Council’s seal be attached, as required, to any of the transfer documents.

 

2        That the letter of agreement includes the request that Council be compensated with nesting boxes or equivalent funds for the removal of any hollow bearing trees.

 

 

 

ITEM 9.4      SF270                310512      Local Government Remuneration Tribunal - Increase in Councillor Remuneration

3415/12 RESOLVED:       (Finlayson/Flack)

 

That as from 1 July 2012 Council adjust its Councillor Annual Fee and the additional Mayoral Allowance to the maximum permitted for a rural council for the 2012/2013 financial year being $10,220 for each Councillor and $22,310 for the additional Mayoral Allowance.

 

 

Item 9.5 was heard earlier in this meeting.

 

 

 

ITEM 9.6      SF820                310512      Quarterly Performance Review - 31 March 2012

3416/12 RESOLVED:       (Court/Ballangarry)

 

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

 

 

 

ITEM 9.7      SF1620              310512      Draft 2012/2013 Operational Plan and Draft 2012-2016 Delivery Program

3417/12 Resolved:       (Court/South)

 

1        That Council adopt the 2012/2013 Operational Plan and 2012/2016 Delivery Program for the purposes of public exhibition including, if approved, a rate variation of 10.04% which is comprised of the following:

 

·         3.6% rate pegging

·         5.04% being a continuation of Council’s expiring environmental levy and loan program financing for the replacement of Deep Creek Bridge and the stabilisation of Riverside Drive and

·         1.4% to fund a loan to finance renewal works identified in Council’s Asset Management Plans

 

2        That Council provide a copy of the resolution to the Independent Pricing and Regulatory Tribunal (IPART) as required under the Division of Local Government Special Rate Variation Guidelines.

 

3        That a further workshop be conducted at 9.00 am on Thursday 14 June 2012 in relation to reviewing the Delivery Program and the strategies in the Operational Plan and Delivery Program.

 

 

 

General Manager Report – LATE

 

ITEM 9.8      SF839                310512      General Manager's Performance Review

3418/12 RESOLVED:       (Hoban/South)

 

That this item be deferred until the report from the facilitator, Mr Mark Anderson from Local government Management Solutions, is finalised.

 

 

 

General Manager Report – LATE

 

ITEM 9.9      SF1724              310512      March 2012 Budget Review

3419/12 RESOLVED:       (Ainsworth/South)

 

1        That the budget review for the quarter ended 31 March, 2012 be received.

 

2        That the recommended increases and decreases in votes be included as subsequent votes for the financial year 2011/2012.

 

 

 

Director Environment and Planning Report

 

ITEM 10.1    SF1709              310512      Outstanding DA's greater than 12 months, applications where submissions received not determined to 21 May 2012

3420/12 RESOLVED:       (Ainsworth/Finlayson)

 

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              310512      DA's and CDC's Received and Determined under Delegated Authority to 18 May 2012

3421/12 RESOLVED:       (Flack/Smyth)

 

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

 

 

Item 10.3 was dealt with under Delegations.

 

 

 


Director Engineering Services Report

 

ITEM 11.1    SF910                310512      Nambucca Local Disaster Plan (DISPLAN) adopted 12 April 2012

3422/12 RESOLVED:       (Flack/Court)

 

That Council receive and note the report that the revised Nambucca Local Disaster Plan (DISPLAN) was endorsed by the North Coast District Emergency Management Committee “DISPLAN Peer Review Committee” on the 12 April 2012.

 

 

 

ITEM 11.2    SF841                310512      Road and Bridge Naming and roundabout treatments Pacific Highway Upgrade - Warrell Creek to Urunga

3423/12 RESOLVED:       (Ainsworth/Finlayson)

 

1        That Council liaise with Bellingen Shire Council with suggestions to rename the existing Pacific Highway that will be by-passed when the Warrell Creek to Urunga Upgrade is complete, with examples being: Nambucca – Bellingen Way or Twin Rivers Way.

 

2        That Council staff commence the road naming process for the new service roads constructed in conjunction with the Nambucca Heads to Urunga Pacific Highway Upgrade in accordance with Council’s current Road Naming Policy and after consultation with residents that are directly affected

 

3        That Council propose a War Memorial theme for the names of bridges constructed as part of the Warrell Creek to Nambucca Heads Pacific Highway upgrade and that the new bridge over the Nambucca River be named ‘Frank Partridge VC Memorial Bridge’ and that Council seek advice from the Frank Partridge Military Museum to name the other bridge/s.

 

4        That Council advise Roads and Maritime Services that the two roundabouts at the new Nambucca Heads Interchange be constructed with concrete infill and that the central 5 metre radius be sacrificial in nature for easy removal to compliment future landscaping works or entry statement treatment.

 

5        That Council advise Roads and Maritime Services the service road connecting the new Nambucca Heads Interchange to Boggy Creek Road and two properties further be designed and constructed to a cater for Industrial traffic loads and road widths.

 

 

 

ITEM 11.3    SF1185              310512      Naming the New Beach Area – Ferry Street, Macksville

3424/12 RESOLVED:       (Court/Flack)

 

That, at the request of the Macksville and District Chamber of Commerce, this item be deferred until after the Chamber’s next meeting.

 

 

Item 11.4 was dealt with under Delegations.

 

 

 

ITEM 11.5    SF1675              310512      Ferry Street, Macksville - Amenities

3425/12 RESOLVED:       (Court/Flack)

 

That, at the request of the Macksville and District Chamber of Commerce, this item be deferred until after the Chamber’s next meeting.

 

 

 

ITEM 11.6    SF1655              310512      Claim for Natural Disaster Funding - Restoration for Local Infrastructure - June 2011 Event

3426/12 RESOLVED:       (Flack/Ballangarry)

 

1        That Council formally advise the North Coast Region NSW Public Works Department that it accepts the Natural Disaster funding for the amount of $65,000 and conditions of funding for the restoration to local infrastructure following the June 2011 event.

 

2        That the allocation of $65,000 be reflected in the June Quarterly Budget Review.

 

    

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.50 pm. 

 

Confirmed and signed by the Mayor on 13 June 2012

 

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)