The following document is the minutes of the Council meeting held on 12 December 2012.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 16 January 2013 and therefore subject to change.  Please refer to the minutes of 16 January 2013 for confirmation.

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Paula Flack

Cr Kim MacDonald

Cr Bob Morrison

Cr Anne Smyth

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Greg Meyers (AGM Corporate & Community Services)

Paul Gallagher (AGM Engineering Services)

 

 

 

APOLOGIES

 

Cr Elaine South

 

 

PRAYER

 

Pastor Peter Lott from the Christian Life Centre offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor John Ainsworth declared a non-pecuniary significant conflict of interest in Item 9.3 Review of the Environmental Levy Program (results of exhibition)under the Local Government Act as Cr Ainsworth owns land in the Gumma swamp area.  Cr Ainsworth left the meeting for this item.

 

General Manager Michael Coulter declared a non-pecuniary less significant conflict of interest in Item 9.4 Proposed Revised Options for the Scotts Head Caravan Park under the Local Government Act as Mr Coulter is an active member of the Macksville Scotts Head Surf Life Saving Club, but had resigned as the Hon. Secretary.  The Club made a submission on the revised option.

 

Councillor Kim MacDonald declared a non-pecuniary less significant conflict of interest in Item 9.5 Request to Acquire a Small Section of Gordon Park, Nambucca Heads under the Local Government Act as Cr MacDonald worked for a very brief time/part time with Mr Leckie at Nambucca Shire Council but it could be perceived that Cr MacDonald holds a bias on this issue.. 

 

Councillor Paula Flack declared a non-pecuniary less significant conflict of interest in Item 9.6 Provision of Renal Dialysis Services - Macksville Hospital under the Local Government Act as Cr Flack is an employee of Mid North Coast Local Health District at Macksville Health Campus. 

 

Councillor Kim MacDonald declared a pecuniary conflict of interest in Item 10.4 Nambucca Valley Netball Assoc Committee of Management - Minutes of Annual General Meeting - 6 November 2012 under the Local Government Act as Cr MacDonald’s sister in law holds a position on the Committee and Cr MacDonald could be perceived as holding a bias.  Cr MacDonald left the meeting for this item.

 

Councillor Kim MacDonald declared a pecuniary conflict of interest in Item 10.5 Talarm Hall Committee of Management - Minutes of Annual General Meeting - 13 November 2012 under the Local Government Act as Cr MacDonald’s close personal friend is Treasurer on the Committee and Cr MacDonald could be perceived as holding a bias.  Cr MacDonald left the meeting for this item.

 

 

Councillor Bob Morrison declared a pecuniary conflict of interest in Item 10.12 DA 2012/011 346 Residential Subdivision - Bellwood. Update on Assessment under the Local Government Act as Cr Morrison owns some shops in the Nambucca Plaza and some people may perceive that he has a conflict of interest with the proposed development at the rear of the Plaza which part of this road development may have an influence.  Cr Morrison left the meeting for this item.

 

Councillor Anne Smyth declared a non-pecuniary less significant conflict of interest in Item 11.7 Amended Report on Weekes Bridge Reconstruction - December 2012 under the Local Government Act as Cr Smyth has a family member who lives on South Arm who has written to Council in support of a two lane bridge.

 

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 29 November 2012

 

1/12 RESOLVED:   (Flack/Smyth)

 

That the minutes of the Ordinary Council Meeting of 29 November 2012 be confirmed subject to the following changes:

 

1        Resolution No 3658/12 to read “That in future the draft Environment Levy program be exhibited in the libraries as well as the other usual places of exhibition”.

 

2        The delegation in relation to Item 9.10 was from Ms Marion Syratt.

 

 

 

NOTICE OF MOTION - CR Hoban – LATE

 

ITEM 5.1      SF1714              121212      Notice of Motion - Water Supply Steering Committee - Cancellation of January 2013 Meeting (SF844)

368612 RESOLVED:        (Hoban/Ainsworth)

 

That Council waive the requirement for a monthly Water and Sewerage Steering Committee meeting for the month of January 2013.

 

  

DELEGATIONS

 

RESOLVED:

That the following delegations be heard:

 

          10.14 End of Year Financial Report

                   Mr Geoff Allen from Forsyths

9.4     Proposed Revised Options for the Scotts Head Caravan Park

          i)   Mr Michael Blockey—Advocate

          ii)  Mr Russell Chaplin (North Coast Holiday Parks)—Objector

          iii) Mr Neville Green (North Coast Holiday Parks)—Objector

9.5     Request to Acquire a Small Section of Gordon Park, Nambucca Heads

          i)   Ms Kelli Leckie –Applicant

10.12  DA 2012/011 346 Residential Lot Subdivision - Bellwood. Update on Assessment

          i)   Mr Graham Brookes—Objector

                   ii)  Mr Peter Mitchell—Objector

                   iii) A representative from the Local Aboriginal community

                   iv) Mr Geoff Smyth—Consultant representing the Applicant

11.2   Weekes Bridge Reconstruction - December 2012

                   i)   Ms Susan Salvin—Objector

                   ii)  Mr David Gliksman—Objector

          12.1   Civil Liability Allowance (FROM CLOSED MEETING)

                   i)   Mr Peter Renshaw—Interested Resident

 

10.14 End of Year Financial Report

          Mr Geoff Allen from Forsyths presented Council’s audited Financial Statements and spoke to                  a powerpoint presentation

 

ITEM 10.14   SF1723              121212      Year End Financial Result & Statements – 30 June 2012

3687/12 RESOLVED:       (Ainsworth/Finlayson)

 

1        That the Financial Statements and the Auditor’s Reports for the year ended the 30 June 2012 be received.

 

2                That the list of revotes be approved and included as subvotes for 2012/13.

 

 

 

DELEGATIONS continued

 

i)        Mr Michael Blockey addressed Council making the following points:

·    Referred to the concept plan on the screen to illustrate the differences between what has been proposed and what the community are seeking

·    Indicating a new road through the day reserve with parking bays

 

iii)      Mr Neville Green addressed Council making the following points:

·    Providing feedback from the Plan being on exhibition

·    Option 3A – revision of Option 3, day use area is the key to the needs of the community

·    Addressed each point on the powerpoint presentation

·    Revised plan has attempted to address the five major points

·    Pointed out changes on the Plan

·    This Plan is more costly to implement but provides better long term opportunities

·    There is no loss in day use area—will provide larger than current green space

·    Looking at maximising car parking provision in the day use area.

 

ITEM 9.4 was dealt with in conjunction with ITEM 9.8

 

ITEM 9.8      SF382                121212      Scotts Head Caravan Park - New Concept Plan in Response to Submissions

3688/12 Resolved:       (Hoban/Ainsworth)

 

1        That the Trust be asked to supply as a matter of urgency copies of the original adopted Master Plan, Option 1 and Option 3A for the purpose of exhibition that meet the following requirements:

 

a)      All diagrams are to be the same scale and with the same legend and colours.

 

b)      All extraneous lines and marks relating to some other plans are to be removed from the exhibited plans.

 

c)       Areas enclosed by the existing caravan park, the proposed lease area and the community land (village green) are to be clearly marked.

 

d)      All coloured areas are to be explained in the attached legend.

 

e)      The proposed use for all vehicular exits and entries to the caravan park are to be provided.

 

2        That the Adopted Master Plan, Option 1 and Option 3a be placed on public exhibition for the remainder of December 2012 and all of January 2013 and in the interim Council staff assess its parking and traffic implications in consultation with the Trust in an endeavour to put an agreed concept plan to Council’s meeting on 28th February 2013.

 

3        That Council note that the Scotts Head Reserve is now part of the North Coast Accommodation Trust and that the Scotts Reserve Trust has been dissolved.

 

 

 

DELEGATIONS continued

 

i)        Ms Kelli Leckie addressed Council making the following points:

·         Expert advice has been provided by engineer

·         Cracking of property due to soil creep

·         Construction of engineered retaining wall required to retain land

·         15 palms, 2 Norfolk pines on adjoining Council land

·         Land steep, erodible and unstable

·         Lack of retention of Council land may cause damage

·         Property owners prepared to take over responsibility

·         There are only 3 properties adjoining Gordon Park at this location

·         Flexible as to the amount of land to be acquired

·         Agreeable to acquire 2/3’s of what was proposed

·         Amended proposal is a solution to the issues raised

 

ITEM 9.5      SF734                121212      Request to Acquire a Small Section of Gordon Park, Nambucca Heads

Motion:      (Flack/Smyth)

 

That Council thank Mrs Kelli Leckie for her enquiry but advise that it does not endorse her request to acquire a small section of Gordon Park adjoining 2 Nelson Street, Nambucca Heads.

 

Foreshadowed motion Ai/

Council consider transferring a small section of Gordon Park to allow the owners the opportunity to retain their property

 

Amendment:       (Finlayson/Ainsworth)

 

That the matter be deferred to provide the Leckies with the opportunity to come back with a further proposition to show the revised area proposed to be acquired.

 

Amendment was carried and became the motion which was:

 

3689/12 Resolved:       (Finlayson/Ainsworth)

 

That the matter be deferred to provide the Leckies with the opportunity to come back with a further proposition to show the revised area proposed to be acquired.

 

 

DELEGATIONS continued

 

Cr Morrison left the Council Chambers at 2.38pm and returned after the conclusion of the item the time being 3.20pm.

 

i)        Mr Graham Brookes addressed Council at the site inspection making the following point:

·    Expressed concern about the link road

 

ii)       Mr Peter Mitchell addressed Council at the site inspection making the following points:

·    Expressed concern about the proposed link road and the need for measures to control vehicle speed

 

iii)      A representative from the Local Aboriginal community addressed Council making the following points:

·    Mr Buddy Marshall addressed Council at the site inspection expressing concern that the cultural importance of the place for Aboriginal people had not been properly considered.

 

iv)       Mr Geoff Smyth addressed Council making the following points:

·    There have been some late suggestions put forward

·    Developers would like to assist in the resolution of the Marshall Way link

·    Link has been talked about since the early 1980’s

·    Council has adopted a Section 94 plan for the link road

·    Link is desirable from a planning point of view, but not essential for the subdivision

·    What decides criticalness is convenience and access

·    Alexander Drive can be a cul-de-sac

·    The developers are prepared to fund the link if Council resolves that it should happen

·    If Council resolves that the Link Road be provided, it be imposed as a condition

·    Wish to avoid the application being withdrawn again

·    Developers ask that the S94 funds be provided to developer until the Link Road has been paid for

·    Developers maintain the Link Road is not essential for the development application

·   A vegetation management plan has been done.  Effectively the same as an environmental management plan.  Doesn’t believe a separate environmental management plan is required.

 

ITEM 10.16   DA2012/011           121212         ADDENDUM REPORT ITEM 10.12 DA2012/011 346 RESIDENTIAL SUBDIVISION - BELLWOOD. UPDATE ON ASSESSMENT (Ref DA2012/011)

 

Motion:      (Ainsworth/Finlayson)

 

1        That Council note this report on the assessment progress for DA 2012/011

 

2        That Council consider A Voluntary Planning Agreement being prepared and submitted by Nambucca Gardens Estate for the construction of the link road.

 

3        That in the event that the Voluntary Planning Agreement is agreed to between the parties the construction of the link road proceed pursuant to State Environmental Planning Policy (Infrastructure) 2007 which identifies road infrastructure as a development permitted without consent.  Clause 94 of SEPP (Infrastructure) 2007 requries an Environmental Impact Assessment (EIA) to be completed addressing the Threatened Species Conservation Act and the Environment Protection & Biodiversity Act.

 

4        That in the event that DA 2012/011 is approved by the Northern Joint Regional Planning Panel and the construction of the “link” road is undertaken pursuant to a Voluntary Planning Agreement, Council authorise the proponent and their approved contractors to enter upon the land to construct the road and ancillary works as required and in accordance with the construction certificate issued for the road and the terms of the Voluntary Planning Agreement.

 

5        That in the event that DA 2012/011 progresses to a recommendation for approval by the Northern Joint Regional Planning Panel, a condition be applied regarding the acceptance of dedication of all reserve areas as follows:

 

Prior to the release of a construction certificate for the first stage of subdivision works, a detailed and site specific Environmental Management Plan (EMP) is to be endorsed by Council. The EMP is to be prepared by a suitably qualified person/consultant in consultation with the Office of Environment and Heritage for the ongoing management, maintenance, weed management, bushfire management and rehabilitation of the entire reserve areas proposed to be dedicated to Council. Further, that the proponent is to implement the EMP from commencement of subdivision works up to the dedication of the reserve areas. Dedication shall occur upon registration of the final subdivision stage of the development. Further, prior to the release of the subdivision certificate for the final stage of development, a monetary contribution to the ongoing management of the reserve areas shall be made to Council based on the costs to undertake the following 5 years management regime (5 years from dedication) outlined in the Environmental Management Plan.

 

 

6        That all submissions be passed on to the Joint Regional Planning Panel for their consideration.

 

Amendment:       (Flack/Ballangarry)

 

That the matter be deferred to allow time to consider the implications of the matters raised in the addendum report. 

 

The amendment was LOST.

 

Further Amendment:          (Flack/Smyth)

 

That the recommendations be dealt with individually.

 

The amendment was LOST.

 

3690/12 RESOLVED:       (Ainsworth/Finlayson)

 

1        That Council note this report on the assessment progress for DA 2012/011

 

2        That Council consider A Voluntary Planning Agreement being prepared and submitted by Nambucca Gardens Estate for the construction of the link road.

 

3        That in the event that the Voluntary Planning Agreement is agreed to between the parties the construction of the link road proceed pursuant to State Environmental Planning Policy (Infrastructure) 2007 which identifies road infrastructure as a development permitted without consent.  Clause 94 of SEPP (Infrastructure) 2007 requries an Environmental Impact Assessment (EIA) to be completed addressing the Threatened Species Conservation Act and the Environment Protection & Biodiversity Act.

 

4        That in the event that DA 2012/011 is approved by the Northern Joint Regional Planning Panel and the construction of the “link” road is undertaken pursuant to a Voluntary Planning Agreement, Council authorise the proponent and their approved contractors to enter upon the land to construct the road and ancillary works as required and in accordance with the construction certificate issued for the road and the terms of the Voluntary Planning Agreement.

 

5        That in the event that DA 2012/011 progresses to a recommendation for approval by the Northern Joint Regional Planning Panel, a condition be applied regarding the acceptance of dedication of all reserve areas as follows:

 

Prior to the release of a construction certificate for the first stage of subdivision works, a detailed and site specific Environmental Management Plan (EMP) is to be endorsed by Council. The EMP is to be prepared by a suitably qualified person/consultant in consultation with the Office of Environment and Heritage for the ongoing management, maintenance, weed management, bushfire management and rehabilitation of the entire reserve areas proposed to be dedicated to Council. Further, that the proponent is to implement the EMP from commencement of subdivision works up to the dedication of the reserve areas. Dedication shall occur upon registration of the final subdivision stage of the development. Further, prior to the release of the subdivision certificate for the final stage of development, a monetary contribution to the ongoing management of the reserve areas shall be made to Council based on the costs to undertake the following 5 years management regime (5 years from dedication) outlined in the Environmental Management Plan.

 

6        That all submissions be passed on to the Joint Regional Planning Panel for their consideration.

 

NoteCr Flack, Ballangarry OAM and Smyth requested that their  votes be recorded as against this resolution on the grounds that the recommendations were not dealt with individually and there were some which they may have supported and secondly, because they were late matters and there was insufficient time to consider them.

 

 

Item 10.12 was dealt with in late item 10.16

 

 

 

DELEGATIONS continued

 

i)        Ms Susan Salvin spoke to a prepared statement which is on file SF768.

 

ii)       Mr David Gliksman spoke to a prepared statement which is on file SF768.

 

 

ITEM 11.2    BR-BV-2             121212      Weekes Bridge Reconstruction - December 2012

Motion:      (Flack/Smyth)

 

That Council budget for a double lane bridge to replace Weeke’s bridge in the 2013/14 budget.

 

The motion was LOST.

 

3691/12 Resolved:       (Finlayson/Ainsworth)

 

That Council proceed with the construction of a single lane bridge to replace Weeke’s bridge and that the cost be incorporated in the 2013/14 budget, including provision for improving the sight distance when approaching from the East.

 

3692/12 Resolved:       (Hoban/Ainsworth)

 

That any savings resulting from the reduction in service level on roads or bridges to rural communities must remain within the roads and bridges budget.

 

3693/12 Resolved:       (Ainsworth/Finlayson)

 

That Eungai and Laverty’s bridges be brought forward.

 

 

 

DELEGATIONS continued

 

i)                Mr Peter Renshaw addressed Council making the following points:

·                 Legislation allows Council to hold closed sessions

·                 Has no problem with discussion in closed session

·                 Important that Council shouldn’t give the impression that it is hiding anything

·                 The agenda item should describe what the matter is about

·                 The agenda item description is cryptic

·                 Shouldn’t give the impression the Council is trying to hide anything – it should have indicated that it was an industrial issue affecting a limited number of staff

 

ITEM 12.1    SF1713              121212      Civil Liability Allowance

3694/12 Resolved:       (Flack/Ballangarry)

 

That Council note the amount of $45,271.47 to be paid in back payments for the Civil Liability Allowance.

 

3695/12 Resolved:       (Hoban/Finlayson)

 

That the heading be altered to Payment of Civil Liability Allowance – Industrial Issue Relating to Staff.

 

 

 

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                121212      Outstanding Actions and Reports

3696/12 RESOLVED:       (Ainsworth/MacDonald)

 

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

 

 

 

ITEM 9.2      SF1409              121212      Availability of Industrial Land 2012

 

Motion:      (Flack/Ballangarry)

 

That the information be noted and no further amendments to industrial land zoning be considered at this time.

 

Amendment:       (Finlayson/Ainsworth)

 

That the information be noted and no further amendments to industrial land zoning be considered at this time other than a gateway application in respect of 14 Harriman’s Lane, Macksville.

 

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

 

3697/12 Resolved:       (Finlayson/Ainsworth)

 

That the information be noted and no further amendments to industrial land zoning be considered at this time other than a gateway application in respect of 14 Harriman’s Lane, Macksville

 

 

 

Cr Ainsworth left the meeting at 4.51 pm and returned after the conclusion of the item at 4.56 pm.

 

ITEM 9.3      SF688                121212      Review of the Environmental Levy Program (results of exhibition)

3698/12 Resolved:       (Flack/Finlayson)

 

1        That the proposed replacement projects be approved for incorporation into the 2012/13 environmental levy program.

 

2        That the Nambucca, Macksville and Bowraville Chambers of Commerce be notified of Council’s resolution which provides for implementation or plan preparation for the CBD areas.  Should either Chamber wish to proceed to implement particular actions they be requested to forward a proposed works and costings schedule to Council for consideration.  Any proposed action would need to demonstrate the environmental benefits associated with the actions.

 

3        That future reports on the Environmental Levy giving consideration to a program of works over several years provide additional consideration to the projects identified through submissions as well as though on the current unfunded items list.

 

4        That Landcare be invited to submit a proposal for on ground restoration/ rehabilitation or like environmental works that address actions identified in the Nambucca River Estuary Management Plan.  A further report be provided to Council on receipt of any such submission.

 

5        That the remainder of unspent funds be maintained in reserve to target grant opportunities with a focus on implementing actions in the Coastal Zone Management Plan; Estuary Management Plan, Climate Change Adaptation Strategy; Nambucca River Master Plan and any other like plans or strategies adopted/ endorsed by Council.

 

 

3699/12 Resolved:       (Flack/Smyth)

 

That as part of the quarterly budget review that Council receive a report on the progress with the Environmental Levy projects.

 

3700/12 Resolved:       (Flack/Smyth)

 

That when Council considers the 2013/14 Environmental Levy Program that it consider a position for a Natural Resources Officer.

 

 

General Manager Report – LATE

 

Item 9.4 was considered in conjunction with item 9.8 under Delegations.

 

 

Item 9.5 was dealt with under delegations.

 

 

ITEM 9.6      SF988                121212      Provision of Renal Dialysis Services - Macksville Hospital

3701/12 Resolved:       (Finlayson/Ballangarry)

 

That the response from Mr Stewart Dowrick, Chief Executive Officer of the Mid North Coast Local Health District, regarding the provision of renal dialysis services at Macksville Hospital be noted.

 

 

 

ITEM 9.7      SF929                121212      Future of the Visitor Information Centre

3702/12 RESOLVED:       (Flack/Finlayson)

 

That Council create a title for the Visitor Information Centre generally as shown on the circularised document (Trim 25128/2012).

 

 

 

Assistant General Manager Corporate and Community Services Report

 

ITEM 10.1    DA2012/109        121212      DA2012/109 Four Lot Subdivision to create school site (one Lot|) and residue residential land and associated unauthorised earthworks - Part Lots 102 & 104 DP 1164163 Upper Warrell Creek Road, Macksville

3703/12 RESOLVED:       (Finlayson/Ainsworth)       (Finlayson/Ainsworth)

 

That Council consent to the development application subject to the recommended conditions and with condition no. 3 to refer to the most recent/best guidelines for erosion and sediment control

 

For the Motion:       Councillors Hoban, Morrison, Ballangarry, Flack, Smyth, Finlayson, Ainsworth,

                             MacDonald            (Total 8)

Against the Motion:                             Nil

 

 

 

ITEM 10.2    SF251                121212      Schedule of Council Public Meetings

3704/12 RESOLVED:       (Ainsworth/Flack)

 

That the schedule of dates for public Council meetings be noted and received for information by Council.

 

 

ITEM 10.3    SF306                121212      Burrapine Public Hall Committee of Management - Minutes of Annual General Meeting - 18 November 2012

3705/12 RESOLVED:       (Flack/Finlayson)

 

That Council endorse the Minutes of the Committee of Management for the Burrapine Public Hall’s Annual General Meeting held on 18 November 2012 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

Cr MacDonald left the meeting at 5.19 pm and returned after the conclusion of Item 10.5 at 5.20 pm

 

ITEM 10.4    SF968                121212      Nambucca Valley Netball Assoc Committee of Management - Minutes of Annual General Meeting - 6 November 2012

3706/12 RESOLVED:       (Flack/Ainsworth)

 

That Council endorse the Minutes of the Committee of Management for the Nambucca Valley Netball Association’s Annual General Meeting held on 6 November 2012 and thank the outgoing Committee for their work during the past twelve months.

 

 

 

ITEM 10.5    SF335                121212      Talarm Hall Committee of Management - Minutes of Annual General Meeting - 13 November 2012

3707/12 RESOLVED:       (Flack/Ballangarry)

 

That Council endorse the Minutes of the Committee of Management for the Talarm Hall Annual General Meeting held on 13 November 2012 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

ITEM 10.6    SF341                121212      Valla Beach Community Association Committee of Management - Minutes of Annual General Meeting - 19 November 2012

3708/12 RESOLVED:       (Flack/Ballangarry)

 

That Council endorse the Minutes of the Committee of Management for the Valla Beach Community Association’s Annual General Meeting held on 19 November 2012 and thank the outgoing Committee for their work in the past twelve months.

 

 


 

ITEM 10.7    SF326                121212      Nambucca Senior Citizens Club Inc Committee of Management - Minutes of Annual General Meeting - 13 November 2012

Motion:      (MacDonald/Ainsworth)

 

That Council endorse the Minutes of the Committee of Management for the Nambucca Senior Citizens Club’s Annual General Meeting held on 13 November 2012 and thank the outgoing Committee for their work in the past twelve months.

 

Amendment:       (Smyth/Flack)

 

That Council endorse the Minutes of the Committee of Management for the Nambucca Senior Citizens Club’s Annual General Meeting held on 13 November 2012 and thank the outgoing Committee for their work in the past twelve months and that the Council note that the minutes are not an accurate record of what happened on the day in relation to the election of the position of Assistant Treasurer.

 

The amendment was carried and became the motion and was:

3709/12 Resolved:       (Smyth/Flack)

 

That Council endorse the Minutes of the Committee of Management for the Nambucca Senior Citizens Club’s Annual General Meeting held on 13 November 2012 and thank the outgoing Committee for their work in the past twelve months and that the Council note that the minutes are not an accurate record of what happened on the day in relation to the election of the position of Assistant Treasurer.

 

 

 

ITEM 10.8    SF1460              121212      Special Rate Variation above Rate Pegging of 3.4% for the 2013/14 year

3710/12 RESOLVED:       (Finlayson/Ainsworth)

 

1        That Council take the full 3.4% rate peg for the 2013/14 budget

 

2        That Council not proceed to seek a Special Rate Variation for the 2013/2014 year.

 

3        That Financial workshops be held with Councillors and staff in parallel with the preparation of the 2013/14 budget to identify and review service levels, review the Community Strategic Plan and determine to what extent SRV’s are to be sought in future budgetary years.

 

3711/12 Resolved:       (Ainsworth/Flack)

 

That Council commence preparing a S508A application for the 2014/15 financial year so that by late 2013 Council is prepared to lodge an application.

 

 

 

ITEM 10.9    SF1148              121212      Contract Regulatory Officer's Report November 2012

3712/12 RESOLVED:       (Flack/Finlayson)

 

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

 

 


 

ITEM 10.10   SF1709              121212      DA's and CDC's Received and Determined Under Delegated Authority from 19-30 November 2012

3713/12 RESOLVED:       (Flack/MacDonald)

 

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

 

 

 

ITEM 10.11   SF1709              121212      Outstanding DA's greater than 12 months, applications where submissions received not determined to 19-30 November 2012

3714/12 RESOLVED:       (Ainsworth/Finlayson)

 

That the applications where submissions have been received be noted and received for information by Council.

 

 

Item 10.12 was dealt with under Delegations.

 

 

 

ITEM 10.13   SF1709              121212      Review of Planning and Development Applications and Statistical Information Reports

3715/12 RESOLVED:       (Ainsworth/Ballangarry)

 

That Council delete the following eight (8) statistical reports from its monthly business paper –

 

i.        Development Applications received

ii.       Complying Development Applications received (including from Private Certifiers)

iii.      Development Applications, Complying Developments and Modifications determined          under delegated authority

iv.      Complying Developments Received for year (Private/Council split)

v.       Construction Certificates Released for year (Private/Council split)

vi.      Conveyancing Certificates Issued for year

vii.     Occupations Certificates Released for year (Private/Council split)

viii.    Summary of Development Applications for year.

 

 

Item 10.14 was dealt with under Delegations

 

 

 

ITEM 10.15   SF1771              121212      Investment Report to 30 November 2012

3716/12 RESOLVED:       (Ballangarry/Flack)

 

That the Accountants’ Report on Investments placed to 30 November 2012 be noted and that Council approach ANZ mid March prior to term deposits falling due to try and negotiate a better rate on the ANZ at call account.

 

 

 


Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF992                121212      Nambucca Emergency Operations Centre Committee - Minutes - 20 November 2012

3717/12 RESOLVED:       (Ainsworth/Finlayson)

 

That Council:

 

i         Receive and note the minutes of the Nambucca Emergency Operations Centre Committee held on 20 November 2012.

ii        Endorse the revision of the NEOC Committee meeting schedule to two meetings per year scheduled for February and July of each year.

iii       Remove Items 7, 27, 24, 28 and 29 from the Asset Management Plan (AMP) as works have been finalised.

 

 

Item 11.2 was dealt with under Delegations

 

 

 

ITEM 11.3    SF768                121212      Laverty's Bridge Cost Comparison of Options - December 2012

3718/12 RESOLVED:       (Ainsworth/Finlayson)

 

1          That Council receive and note this report on the costs of options for the replacement of Laverty’s Bridge at Taylors Arm.

 

2          That option 2 be the preferred option to replace Laverty’s Bridge on Taylors Arm Road.

 

 

 

ITEM 11.4    SF768                121212      Eungai Creek Bridge Replacement Update - December 2012

3719/12 RESOLVED:       (Ainsworth/Finlayson)

 

That Eungai bridge be replaced with a single lane bridge and further that Council write to the Minister for Roads and Ports and advise of Council’s intention and if they wish to seek a wider bridge that Council would require the RMS to fund the difference.

 

 

 

ITEM 11.5    SF843                121212      Vehicular Access To Beaches Committee

3720/12 RESOLVED:       (Ballangarry/MacDonald)

 

That the report on the Vehicular Access to Beaches Committee meeting held on Friday, 9 November 2012 be received and noted.

 

 

 

ITEM 11.6    SF90                  121212      Nambucca Shire Traffic Committee Meeting Minutes - 4 December 2012

3721/12 RESOLVED:       (Ainsworth/Finlayson)

 

That Council:

 

1          Receive and note the minutes of the Nambucca Shire Traffic Committee held on the 4 December 2012.

 

2          Note the Nambucca Shire Traffic Committee support the extension of Marshall Way to complete the link to Alexandra Drive as a result of the development of the Nambucca Gardens Estate in regard to its functionality and even distribution of traffic flow. (RMS representative supports the advice given by RMS Development Assessment Officer).

 

3          Note the Nambucca Shire Traffic Committee support the Local Area Traffic Management measures throughout the development of Marshall Way and Alexandra Drive to promote reduced traffic speeds, discourage the rat run mentality and also discourage short cuts being taken by heavy vehicles.

 

4          Request Roads and Maritime Services investigate improved intersection design at the Bellwood Road and Pacific Highway intersection and further monitor the No Stopping Zone outside McDonalds restaurant Nambucca Heads.

 

5          Approve the installation of a pedestrian refuge on Nelson Street at the junction with Back Street, in accordance with the adopted Nambucca Heads Town Centre Streetscape and Traffic Management Plan 2003 once it can be demonstrated heavy vehicle movements into Back Street are not restricted.

 

6          Seek funding opportunities for the installation of a pedestrian refuge on Nelson Street at the junction with Back Street approximately $25,000, noting that a 50% contribution from Council may be required.

 

7          Approve the extension of the High Pedestrian Activity 40 Area from Fraser Street to the junction of Nelson and Back Street, Nambucca Heads if approval is granted by the RMS.

 

8          Install permanent signs at the Wallace Street pedestrian refuge advising pedestrians to ‘Give Way To Traffic’.

 

9          Approve the installation of No Parking signs in front of the rural fire service fire shed, Valla Beach Road, Valla Beach and adjacent fire hydrant.

 

10        Retain the existing location of the school bus stop at the southern approach to Nambucca Heads adjacent to the Pacific Highway.

 

11        Note the Nambucca Shire Traffic Committee support the proposed new location of St Patrick’s Primary school, subject to:

 

i         The bus bay being of sufficient size to cater for all buses expected to service the school at any one time.

ii        Line marking and signposting of the school zone being installed to Roads and Maritime Services and Australian standards.  The RMS representative supports the advice given by RMS Development Assessment Officer on this matter.

 

12        Write to the Roads and Maritime Services with a letter of appreciation for funding the implementation of speed zone review recommendations.

 

13        Request the Roads and Maritime Services carry out a speed zone review of Eungai Creek Road in response to a request to reduce the posted speed limit to 60km/h for its entire length.

 

14                Request the Roads and Maritime Services carry out an inspection of Little Tamban Road in response to a request to extend the approach distance of the 50km/h speed limit.

 

 

 


Assistant General Manager Engineering Services Report – LATE

 

ITEM 11.7    BR-BV-2             121212      Amended Report on Weekes Bridge Reconstruction - December 2012

This item was dealt with in conjunction with Item 11.2.

 

     

 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

3722/12 RESOLVED:       (Ainsworth/MacDonald)

 

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    SF1713              121212      Civil Liability Allowance

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) (a) of the Local Government Act, 1993, on the grounds that the report contains personnel matters concerning particular individuals.

 

This Item was dealt with under Delegations.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 5.45 pm.

 

 

RESUME IN OPEN MEETING

 

3723/12 Resolved:       (Ainsworth/Finlayson)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 6.00 pm

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

 

 

Item 12.1 was dealt with under Delegations.

 

 

 


CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 6.01 pm. 

 

Confirmed and signed by the Mayor on 16 January 2013.

 

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)