The following document is the minutes of the Council meeting held on 28 February 2013. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 13 March 2013 and therefore subject to change.  Please refer to the minutes of 13 March 2013 for confirmation.

 

 

PRESENTATION

 

Mr Garry Johnson OAM, Chairman of Council’s Australia Day Committee, presented Mr John Harris with his 2013 Australia Day Citizen of the Year badge.

 

 

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

Cr Elaine South

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Greg Meyers (AGM Corporate & Community Services)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

PRAYER

 

Father Paul of the Catholic Church offered a prayer on behalf of the Nambucca Minister's Association.

 

 

MAYORAL MINUTE - CR Hoban – LATE

 

ITEM 5.2     SF1817              280213     Mayoral Minute - Flood and Storm Event on 22 and 23 February 2013 - Vote of Thanks to Emergency Workers

1/13 RESOLVED:  (Hoban/Flack)

 

1        That a letter of thanks be forwarded to those who assisted the community in managing last weekends flood and storm event.

 

2        That Council be advised of the outcome of the debrief of the flood and storm event.

 

3        That a statement of thanks be included in Council’s weekly advertisement in the Guardian News.

 

 

DISCLOSURE OF INTEREST

 

Councillor PF Flack declared a pecuniary interest in Item 9.4 Rural Dwelling Entitlements under the Local Government Act as Cr Flack has a family member who owns rural property which is likely to be one identified in this report.  Cr Flack left the meeting for this item.

 

Councillor Smyth declared a non-pecuniary less significant conflict of interest in Item 10.4 Donations Applications for 2013 - Section 356 under the Local Government Act as Cr Smyth is a member of the Nambucca Valley Arts Council, who has applied for a donation from Council.

 


Councillor K MacDonald declared a non-pecuniary significant conflict of interest in Item 10.13 DA .2012/111 Telecommunications Facility, 36 McKay Street, Macksville under the Local Government Act as Cr MacDonald felt the discussion of this item was verging on locating the facility on the Wallace Street reservoir and her mother lives at 100 Wallace Street and significantly opposes any such structure on the water tower.  Cr MacDonald left the meeting for this item.

 

Councillor PF Flack declared a pecuniary interest in Item 10.13 DA .2012/111 Telecommunications Facility, 36 McKay Street, Macksville under the Local Government Act as Cr Flack an alternative site for the NBN tower was being discussed ie water tanks which are in close proximity to a family member’s home.  Cr Flack left the meeting for this item.

 

Councillor K MacDonald declared a pecuniary interest in Item 11.2 Nambucca District Water Supply off River Storage Project – Aeration and Destratification System for Water Storage under the Local Government Act as Cr MacDonald’s employers are providing fuel to the dam contractors and as a result her work hours may increase at McCosker Fuel Haulage.  Cr MacDonald left the meeting for this item.

 

 

 

NOTICE OF MOTION - CR Morrison

 

ITEM 5.1     SF1817              280213     Notice of Motion - 60 kph Speed Limit - Pacific Hwy/Link Road Intersection - Nambucca Heads (SF1009)

2/13 RESOLVED:  (Morrison/Ainsworth)

 

That the Nambucca Council writes to the Roads and Maritime Services (RMS) as a matter of urgency, to place 60 km per hour speed zone on the Pacific Highway at the entrance of link road to the Pacific Highway in order to prevent accidents and deaths at this dangerous entrance to the Highway. That justification and the attachments to this report be included in the letter to the RMS.

 

Upon being put to the meeting, the motion was declared carried. Cr Morrison called for a Division.

For the Motion were Councillors Ainsworth, Ballangarry, Finlayson, Flack, Hoban, MacDonald, Morrison, Smyth and South Total (9).

Against the Motion was Nil Total (0).

 

3/13 Resolved(Ballangarry/Flack)

 

That the Roads and Maritime Services be asked to consider the installation of advisory signs warning of an approaching intersection to the north and south of the link road intersection.

 

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 13 February 2013

 

4/13 RESOLVED:  (Flack/Smyth)

 

That the minutes of the Ordinary Council Meeting of 13 February 2013 be confirmed subject to the following amendment to Questions with Notice:

 

RESOLVED:  (MacDonald/Morrison)

 

That the Guardian News and Mr John Tait be notified of Council’s resolution.

 

  

 

DELEGATIONS

 

Resolved:         (MacDonald/Flack)

 

That the following delegations be heard:

·    

10.13 DA2012/111 Telecommunications Facility, 36 McKay Street, Macksville

         i)        Mrs Jodie Beggs – Supporting Council’s recommendation

         ii)       Miss Jessica Beggs – Supporting Council’s recommendation

          iii)      Mr Ian Scott representative from National Broadband Network Co

          iv)      Ms Courtney Lansdown representative from Aurecon

 

 

10.2   DA2012/108 - Lot 1 DP 1016126 - 4 Fraser Street, Nambucca Heads - Mixed Use development (Residential Flats and Serviced Apartments)

         i)         Mr Clint or Mrs Kelli Leckie—Objector

         ii)        Mr William Graham—Objector

          iii)      Mr Mark Peterson on behalf of Scott Riley applicant

 

i)        Mrs Jodie Beggs addressed Council making the following points:

·   Supports Council’s recommendation

·   Tower to be built across from her investment house

·   Concern of a train hitting this

·   If tower falls on house, what is her daughter’s life worth

·   She is responsible for occupants’ welfare

·   31 m tower will shade the house

·   Macksville beautiful town and want it to remain that way

·   Many residential homes in vicinity

·   Is it over a flight path, with red flashing light on top which could affect people’s health

·   Once it is established it can be added to without Council approval

·   Not an industrial estate

·   If there is noise emitted it will be over 24 hours

·   Her story was not published in local paper

·   Will affect schools, residents

·   Council should have bigger input on to where it is to be placed

 

ii)       Miss Jessica Beggs addressed Council making the following points:

·   We are only opposing the position of the tower not the actual tower

·   One resident in household is wheelchair bound and would have difficulty leaving house in emergency

·   Not sufficient research on health implications or impact on children – may have severe impact on their development

·   Visual impact will impact on property and will lose value

·   Not enough people in the community know that the tower is proposed

·   Face book group is gaining support

 

iii)      Mr Ian Scott addressed Council making the following points:

·   Involved in this Council area for some 12 months

·   Site is “hub” site and will service 948 households and businesses in Shire

·   In the public interest to provide fast broadband service

·   Refusal of DA will slow down community access to vital information and infrastructure

·   Council will have to explain to the 948 constituents why it is declining this offer

·   Have been collaborative with Council on all aspects

·   No other viable alternatives other than at the water tower which Council has already refused as an option

·   Satellite is not an option for the 948 constituents

·   Will enable connection to fibre rollout in the future to surrounding rural area

·   Further out the tower is moved the larger the tower has to be

·   EME – power going into antenna is less than a small light bulb (40 Watts)

·   Tower is heavily regulated and has been for 40 years

·   There is no light on top of tower and no noise emitted

·   Will make 10-20 times faster internet than current service with no additional cost to the consumer

·   Structurally rated, rated for cyclone regions

 

Cr MacDonald left the meeting at this stage of the discussion, the time being 6.32 pm and returned at the conclusion of the discussion at 7.39 pm.

 

iv)      Ms Courtney Lansdown addressed Council making the following points:

·   Least amount of visual impact

·   Furthest away from town centre

·   Also considered another site but would have required taller tower and had Aboriginal heritage issues

·   Other sites are too far outside to cater for residential properties needed to be serviced

·   Need to be close to the fibre footprint ie the residential areas

·   Foundation for structure – fully investigated, will need to excavate proposed site – testing has already been done on this site

·   Advisory letter sent to some 200 residents regarding the proposal

·   Property valuation is subjective

 

Cr Flack left the meeting at this stage of the discussion the time being 6.52 pm and returned at the conclusion of the discussion at 7.39 pm.

·   Believes proposal is very much in the community’s interest

·   Benefits far outweigh the visual impact of the tower

·   Can contribute to business and tourism in area

·   Health concerns has been tested in the Courts

·   Disappointed that none of their consultation was mentioned in the planning report

·   Cannot be obstructed by trees etc hence the height required

·   Complies with safety standard

 

ITEM 10.13  DA2012/111       280213     DA2012/111 Telecommunications Facility, 36 McKay Street, Macksville

5/13 RESOLVED:  (Finlayson/Ballangarry)

 

That Council approve the development application subject to the draft conditions contained in the report.

 

For the Motion:      Councillors Morrison, Ballangarry, Finlayson, Ainsworth, South and Hoban    Total 6

Against the Motion: Councillors Smyth      Total 1

 

 

DELEGATIONS continued

 

Mr Clint Leckie spoke to a prepared paper which is filed on Trim 5211/2013.

 

Mr William Graham addressed Council making the following points:

·   Objects to the new proposal

·   No obvious difference between old and new proposal in respect of height

·   Impact of shadow of building in winter will be massive to his own unit – all balcony sunlight and most of rest of unit – the sunlight keeps the unit warm

·   Will affect other units in his complex as well

·   Visual and environmental impact looking up from Gordon Park will be massive as will the shadow from the proposed building

·   Parking will cause traffic chaos as it is on a blind corner

·   Cannot find any changes to the amended plan

 

Mr Mark Peterson address Council making the following points:

·   A refined plan currently in front of Council

·   Architect can make slight adjustments to get height under the 14 metres

·   Balustrades have been raised increasing size of the building

·   Ongoing employment available post construction

·   Looking to draw visitors to Nambucca so will bring economic gains

·   Car parking spaces provided are compliant with Council’s requirements


 

ITEM 10.2   DA2012/108       280213     DA2012/108 - Lot 1 DP 1016126 - 4 Fraser Street, Nambucca Heads - Mixed Use development (Residential Flats and Serviced Apartments)

6/13 RESOLVED:  (Flack/Ballangarry)

 

That the matter be deferred to allow Councillors to consider floor plans, shadow diagrams and elevations, and also to facilitate an onsite inspection; with further information about the provisions of an existing lease of Gordon Park and whether it has any relevance to the development application.  Also, that the applicant be provided with the opportunity to address the variations from the DCP or provide justification for same.  Further, that Council’s Manager Applications and Compliance be requested to respond to the allegation of departures from the DCP as mentioned in Mrs Leckie’s letter.

 

 

The meeting adjourned at 8.21 pm.

The meeting resumed at 8.50 pm.

 

 

 

7/13 Resolved:  (Flack/Morrison)

 

That Item 11.1 and 11.2 be brought forward as the Manager Water and Sewerage was in the gallery to answer any questions for Council.

 

 

ITEM 11.1   SF844                280213     Nambucca District Water Supply Steering Committee Meeting - Minutes 6 February 2013

8/13 RESOLVED:  (Flack/Smyth)

 

1        That Council adopt the minutes of the Water and Sewerage Steering Committee Meeting held on 6 February 2013.

 

2        That the Bowraville Off River Storage Adaptive Management Strategy be deferred to a workshop.

 

 

Cr MacDonald left the meeting for this item at 8.54 pm and returned at the conclusion of the item at 9.42 pm.

 

ITEM 11.2   SF1669              280213     Nambucca District Water Supply Off River Storage Project – Aeration and Destratification System For Water Storage

9/13 RESOLVED:  (Flack/Smyth)

 

1        That Council accept the deduction variation from Haslin Constructions to complete an amended scope of works which allows for the deletion of most of the components the compressed air bubble plume system but includes the installation of the compressed air line up the face of the embankment as detailed in their variation proposal dated 19 February 2013.

 

2        That Council accept the fee proposal from WEARS Australia for the installation and commissioning of a surface mixing system as detailed in their submission dated 11 January 2013 on the basis that they are the only identified manufacturer and supplier of a suitable system.

 

3        That Council enter into an arrangement with WEARS for the ongoing maintenance and support for the operation of the surface mixer.

 

4        That Council approve a variation to the project budget of $60,000.

 

 

10/13 Resolved:          (Ainsworth/Finlayson)

 

5        That Council install the infrastructure for the bubble plume at the base of the dam.

 

 

 

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                280213     Outstanding Actions and Reports

11/13 RESOLVED:          (Ainsworth/Finlayson)

 

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

 

 

 

ITEM 9.2     SF35                  280213     General Manager - Review of Delegations of Authority

12/13 RESOLVED:          (Finlayson/Ainsworth)

 

That Council adopt the proposed delegations of authority for the General Manager as shown in the attachment to the report subject to the following amendments:

 

  • CATTLE GRIDS: To require the removal of cattle grids from Council roads.
  • FINANCE—RATES AND OTHER DEBTS—RECOVERY: To authorise legal proceedings for the recovery of any outstanding rates and other debts due to Council, except for the compulsory sale of land for unpaid rates.
  • Move from ROADS, FOOTPATHS & PUBLIC PLACES and place under STREET LIGHTING:  Determine where….funds voted by Council.
  • TREE—REMOVAL: In accordance with any applicable Council policy, authorise the removal of trees considered to have a detrimental effect on Council’s infrastructure.

 

 

 

ITEM 9.3     SF1817              280213     Number of River Studies last 25 Years

13/13 RESOLVED:          (MacDonald/Finlayson)

 

That the information on the number of River Studies in the last twenty five years be noted.

 

 

 

 

Cr Flack left the meeting for this item at 9.43 pm and returned at the conclusion of the item at 9.45 pm.

 

ITEM 9.4     SF643                280213     Rural Dwelling Entitlements

14/13 RESOLVED:          (Finlayson/Ainsworth)

 

That Council note the estimated numbers of undersized rural allotments fronting sealed roads in the Shire and the current process to determine dwelling entitlements.

 

 

ITEM 9.5     SF1120              280213     Proposed Grant Application - Biodiversity Fund

15/13 RESOLVED:          (Flack/Ballangarry)

 

Council endorse the submission of an Expression of Interest to the Biodiversity Fund Round 2013/2014.

 

 

 

General Manager Report – LATE

 

ITEM 9.6     SF688                280213     Environmental Levy - Quarterly Report

Motion:     (Ainsworth/Finlayson)

 

That Council note the progress of the expenditure on the Environmental Levy to Feb 2013.

 

Amendment:      (Flack/South)

 

That this item be deferred.

 

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

 

16/13 Resolved:          (Flack/South)

 

That this item be deferred

 

 

 

Assistant General Manager Corporate and Community Services Report

 

ITEM 10.1   SF1653              280213     Refinement of Corporate and Community Services Staffing Structure

17/13 RESOLVED:          (Ainsworth/Flack)

 

That this item be deferred to the next Council meeting so it can be thoroughly considered.

 

 

Item 10.2 was dealt with under Delegations.

 

 

 

ITEM 10.3   SF1268              280213     Our Living Coast - Final Report

18/13 RESOLVED:          (Finlayson/Ainsworth)

 

That Council note the progress and conclusion including the final reports of the “Our Living Coast” sustainability initiative, that is being conducted in partnership with Coffs Harbour City Council and Bellingen Shire Council, with funding from the NSW Environmental Trust.

 

 

 

ITEM 10.4   SF25                  280213     Donations Applications for 2013 - Section 356

19/13 RESOLVED:          (MacDonald/Flack)

 

That Council consider all the applications for donations under Section 356 as part of its 2013/14 budget consideration.

 

 


 

ITEM 10.5   SF251                280213     Schedule of Council Public Meetings

20/13 RESOLVED:          (Flack/Finlayson)

 

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

 

 

 

ITEM 10.6   SF320                280213     Macksville Tennis Club Committee of Management - Minutes of the Annual General Meeting - 13 February 2013

21/13 RESOLVED:          (Finlayson/South)

 

That Council endorse the Macksville Head Tennis Club Committee of Management’s minutes of the Annual General Meeting held on 13 February 2013 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

ITEM 10.7   SF281                280213     Youth Week 2013 Program

22/13 RESOLVED:          (Smyth/Finlayson)

 

That Council approve the Youth Week 2013 activities which are being run by Nambucca Shire Council.

 

 

 

ITEM 10.8   SF1148              280213     Contract Regulatory Officer's Report January 2013

23/13 RESOLVED:          (Ainsworth/Finlayson)

 

That the report from the Contract Regulatory Officer for January 2013 be received and noted by Council.

 

 

 

ITEM 10.9   SF1727              280213     Budget Review - December 2012

24/13 RESOLVED:          (Finlayson/MacDonald)

 

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

 

2        That the recommended increases and decreases in votes be included as subsequent votes for the financial year 2012/2013.

 

 

 

ITEM 10.10  SF1709              280213     Outstanding DA's greater than 12 months, applications where submissions received not determined to 1 - 15 February 2013

25/13 RESOLVED:          (South/Finlayson)

 

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

 

 


 

ITEM 10.11  SF1619              280213     2013/14 Budget workshops, Draft Community Engagement Program and Timeline for preparation of the Section 508A application for 2014/15

26/13 RESOLVED:          (Ainsworth/Smyth)

 

1        That Council endorse the program of Workshops including Councillors and MANEX A for the preparation of the 2013/14 Operational Plan, 2013/17 Delivery Program and the revision of the Community Strategic Plan on 19 March, 10 April and 23 April 2013.

 

2        That Council note the draft Community Engagement Program and timetable for the preparation of the Section 508A Rate Variation commencing in the 2014/15 budget year.

 

 

 

ITEM 10.12  DA2012/011       280213     Draft Voluntary Planning Agreement - Construction of Link Road between Marshall Way and Alexandra Drive Bellwood - DA 2012/011

27/13 RESOLVED:          (Finlayson/Ainsworth)

 

1        That Council endorse for exhibition, the Draft Voluntary Planning Agreement presented by Nambucca Gardens Estate for the construction of the Link Road between Marshall Way and Alexandra Drive at Bellwood associated with DA 2012/011 subject to the typographical corrections suggested inclusion of a clause which establishes the process for the determination of construction costs/value for     the Link Road and associated costs, to ensure that the credits for contributions relating to Roadworks are clearly identified up front and in the Agreement.

 

2        That the exhibition of the Draft Voluntary Planning Agreement not be commenced until the remaining additional information has been provided and exhibited at the same time, including the Environmental Impact Assessment as required by SEPP (Infrastructure) 2007.

 

For the Motion:   Councillors Morrison Finlayson, Ainsworth, MacDonald, South and Hoban   (Total 6)

Against the Motions:   Councillors Ballangarry, Flack and Smyth                                                 (Total 3)

 

Note:   Councillors Flack, Smyth and Ballangarry requested their votes be recorded against the resolution as they do not support construction of a link road for environmental and Aboriginal heritage reasons.

 

 

Item 10.13 was dealt with under Delegations.

 

 

 

Assistant General Manager Engineering Services Report

 

 

Item 11.2 was dealt with earlier in this report.

 

 

 

ITEM 11.3   SF453                280213     Waste Management Quarterly Report October - December 2012

28/13 RESOLVED:          (Flack/Smyth)

 

That Council receive and note the information provided in the Waste Management Quarterly Report for the period 1 October – 31 December 2012.

 

     


 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

Resolved:         (Ainsworth/South)

 

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 below.

 

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1   SF453                280213     Waste Management Quarterly Report October - December 2012 - Additional Information

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) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 10.20 pm.

 

 

 

RESUME IN OPEN MEETING

 

29/13 RESOLVED:          (MacDonald/Ainsworth)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 10.37 pm.

 

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

 

ITEM 12.1   SF453                280213     Waste Management Quarterly Report October - December 2012 - Additional Information

30/13 RESOLVED:          (Hoban/Ainsworth)

 

1        That the information concerning waste processing be received.

 

2        That Council write to Coffs Harbour City Council and the EPA requesting a review be conducted to determine whether the Councils are achieving the expected returns for their initial and ongoing investment.

 

 

 


 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 10.40 pm. 

 

Confirmed and signed by the Mayor on 13 March 2013.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)