The following document is the minutes of the Council meeting held on 28 March 2013. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 10 April 2013 and therefore subject to change.  Please refer to the minutes of 10 April 2013 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Paula Flack

Cr Brian Finlayson

Cr Bob Morrison

Cr Kim MacDonald

Cr Elaine South

Cr Anne Smyth

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Greg Meyers (AGM Corporate & Community Services)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

APOLOGY

 

Cr Martin Ballangarry OAM

 

 

PRAYER

 

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

 

 

DISCLOSURE OF INTEREST

 

The General Manager, Michael Coulter, declared a non-pecuniary less significant conflict of interest in Item 9.3 Grant Application Status Report under the Local Government Act as Mr Coulter is a member of the Macksville-Scotts Head Surf Life Saving Club and Council’s Grants Officer has provided the Club with assistance in seeking grant funding for an extension to the Club house.

 

Councillor PF Flack declared a non-pecuniary less significant conflict of interest in a Public Forum delegation by Mr Rudy Van Drie (President of Lock the Nambucca Valley) under the Local Government Act as Cr Flack is a non executive member of Lock the Nambucca Valley. 

 

Councillor PF Flack declared a non-pecuniary significant conflict of interest in Item 9.2 Mid North Coast Local Health District - Proposed Community Health Facility under the Local Government Act as Cr Flack is an employee of the Mid North Coast Local Health District .  Cr Flack left the meeting for this item.

 

Councillor PF Flack declared a non-pecuniary significant conflict of interest in Item 9.4 Reclassification of Bowraville Racecourse from Community to Operational Land under the Local Government Act as Cr Flack has a family member who owns property neighbouring the Bowraville Racecourse.  Cr Flack left the meeting for this item.

 

Councillor K MacDonald declared a pecuniary interest in Item 11.2 Review of Policy - Rainwater Tank Rebates under the Local Government Act as Cr MacDonald’s employee recently asked her to draft a rebate application for them.  Cr MacDonald left the meeting for this item.

 

Councillor K MacDonald declared a pecuniary interest in Item 11.3 Nambucca District Water Supply Steering Committee Meeting – 6 March 2013 under the Local Government Act as Cr MacDonald’s employer has a monetary interest in the dam because they are providing fuel to the dam contractors.  Cr MacDonald left the meeting for this item.


DISCLOSURE OF INTEREST continued

 

Councillor K MacDonald declared a pecuniary interest in Item 11.6 Macksville Park Water Usage under the Local Government Act as Cr MacDonald’s husband has life membership to the Macksville Football Club which is a primary user of Macksville Park.  Cr MacDonald left the meeting for this item.

 

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 13 March 2013

 

1/13 RESOLVED:  (Finlayson/South)

 

That the minutes of the Ordinary Council Meeting of 13 March 2013 be confirmed.

 

 

  

DELEGATIONS

 

Resolved:         (Ainsworth/Finlayson)

 

That the following delegations and public forums be heard:

 

DELEGATION FOR THE RESCISSION MOTION:

 

Ms Kelli Leckie—for the Rescission Motion

 

DELEGATION:

Mr Andrew Vallner - Delegation on behalf of CPG Investment Advisers - Public Forum

 

PUBLIC FORUM:

Mr David Le Maistre – Thumb Creek Bridge

Ms Sue Le Maistre - Council’s Waste Depot

Ms Joy Lane - Communication & Forward Planning of Roads

Mr Tony Jacques - Antimony mining in the Taylors Arm Valley

Ms Cathy Palou – Ideas for the next 10 years – What Council can do for the public

Mr Rudi van Drie – President, Lock the Nambucca Valley

 

 

 

 

DELEGATION FOR THE RESCISSION MOTION:

 

Resolved:         (Ainsworth/MacDonald)

 

That this item be deferred as Mr and Mrs Leckie were not yet in attendance at the meeting.

 

 

 

 

DELEGATION

 

Mr Andrew Vallner - Delegation on behalf of CPG Investment Advisers

 

Mr Vallner addressed Council according to his prepared notes, a copy of which is on file SF1771

 


 

ITEM 10.2   SF1771              280313     Investment Report to 28 February 2013

Recommendation:

 

That the Accountants’ Report on Investments placed to 28 February 2013 be noted.

 

 

 

 

PUBLIC FORUM:

 

i)        Ms Sue Le Maistre addressed Council making the following points:

 

·   Questioned what ratepayers get for their rates when going to the tip when they are asked to pay $8 per load

·   Only concerned with non-recyclables and non-compostable material

·   What is the tip provision fee used for?  (the Mayor provided an explanation of the Tip Availability Charge)

·   Used to get vouchers or show rate notices

·   It is a 100 km round trip from Burrapine to the waste depot

·   The provision by Council of at least 4 vouchers per year would be a great assistance

 

Note: The General Manager suggested investigating a differential fee charge. Someone else suggested a transfer station, but this was not acceptable by residents as it would attract waste and could not be controlled.

 

2/13 Resolved(Flack/South)

 

That Council be provided with a report on Waste Depot fees for non-service residents, including the possibility of a voucher system.  The report to provide feedback on how other councils are handling this matter.

 

 

 

PUBLIC FORUM continued:

 

ii)       Mr David Le Maistre – Thumb Creek Junction Bridge

 

·       Approach to Thumb Creek Junction Bridge – concern that the bridge abutments are being eroded

·       South-east side is going to get washed away

·       Will result in huge engineering work

·       The fig tree needs to be retained

·       Previous Council works were subsidised by several local residents

·       Repair and fix now will cost less than waiting for the bridge to collapse

·       Fig tree is local icon and attracts tourists and is stabilising the bank

·       Gravel and rocks could be pushed up against the bridge near the fig tree and hence stabilise the bridge.

 

Note: Cr Flack suggested that grant funding or funds from the environmental levy may be used.

 

 

PUBLIC FORUM continued:

 

iii)      Ms Joy Lane spoke about Communication and Forward Planning of Roads to a prepared statement which is on file SF952.

 

 

 

 

PUBLIC FORUM continued:

 

iv)      Mr Tony Jacques spoke about Antimony Mining in the Taylors Arm Valley to a prepared statement which is on file SF952

 

 

 

PUBLIC FORUM continued:

v)       Ms Cathy Palou spoke to a prepared statement which is on file SF952 about Ideas for the Next 10 Years and what Council can do for the public.

 

 

 

PUBLIC FORUM continued:

 

Mr Rudi van Drie – President, Lock up the Nambucca Valley – addressed Council making the following points and tabling a copy of the Lock the Nambucca Valley Newsletter which is on file SF952:

 

·       Has background in engineering/hydraulics

·       Environment (around Burrapine) looks quite robust but in fact is very fragile

·       Discussed denuding whole hillsides from felling trees/logging, then next rainfall brings sediment to river causing river level to change

·       Alluvial soil is deposited in lower river at Macksville which may cause extensive flooding due to the river level becoming higher

·       There is an education mismatch of the understanding by residents of the upper and lower ends of the catchment

·       Erosion is not a natural process

·       Climate change is a contributor (from his perspective)

·       Frequency of high intensity rainfall is increasing and this brings more erosion

·       Antimony mining – has contacted the world’s best authority on this (University of Geneva) ~ has stated that there is insufficient research about how it affects humans and animals ~ people cannot swim in polluted water

·       Any other mining is also inappropriate ~ geologically unstable terrain ~ will end up in the river

·       NSW coastline is unique but disappearing

·       Massive development is not the answer

·       Asks Council to acknowledge that Lock the Nambucca Valley group exists

·       Mining will change the Nambucca Valley and it will never return to the way it was/is.

 

 

 

Resolved:         (Ainsworth/Flack)

 

That the following delegation be heard:

 

 

 

DELEGATION FOR THE RESCISSION MOTION:

 

Ms Leckie addressed Council making the following points and tabling shadow diagrams and a report which are on file DA 2012/108:

·   According to the shadow diagram submitted by the Leckies, they will receive zero sunlight on their property

·   Height of the development should be reduced to enable sunlight on their property.


 

ITEM 5.1     DA2012/108       280313     RESCISSION MOTION - DA 2012/108, LOT 1 DP 1016126, 4 Fraser Street, Nambucca Heads (SF794)

3/13 RESOLVED:  (Flack/Smyth)

 

That Council rescind motion 5/13 to approve DA 2012/108, to enable Mrs Leckie’s delegation to be heard including the new information regarding impacts to her property from the proposed development prior to re-determining DA 2012/108.

 

 

 

ASKING OF QUESTIONS WITH NOTICE

 

There were no Question 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                280313     Outstanding Actions and Reports

4/13 RESOLVED:  (MacDonald/South)

 

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

 

 

 

The meeting adjourned at 8.50 pm.

The meeting resumed at 9.05 pm.

 

 

 

Cr Flack left the meeting for this item at 9.06 pm and returned after the conclusion of the item at 9.17 pm.

 

ITEM 9.2     SF860                280313     Mid North Coast Local Health District - Proposed Community Health Facility

5/13 RESOLVED:  (Finlayson/Ainsworth)

 

1        The Mid North Coast Local Health District be advised that Council supports in principle making available a site for the facility on E J Biffin Fields either with a reconfigured building and larger car park between the Bridge Club and the amenities building that remains clear of the proposed 400m athletic track, or else is located at the western end of the fields.

 

2        The Mid North Coast Local Health District be advised that subject to the satisfactory completion of the required rezoning, reclassification and development assessment processes, that Council would be agreeable to offering a site for acquisition by the Health District in accordance with a valuation determined by the Valuer General.  Further the Health District be liable for all application fees, council contributions, legal, survey, registration costs and government charges associated with the creation of the title and its transfer to the Health District and for the development application for the facility.

 

3        That Council resolve to prepare a gateway proposal to make a health services facility a permissible use with consent on E J Biffin Fields and undertake any consequential re-categorisation of the land from community to operational as may be required for the proposal to proceed.

 

4        The Mid North Coast Local Health District be advised that Council will provide in-kind assistance to the project by undertaking the required rezoning and any re-categorisation from community to operational land at no cost.

 

5        That there be a further report to Council on an agreed concept plan prior to the lodgement of a development application.

 

 

 

ITEM 9.3     SF1120              280313     Grant Application Status Report

6/13 RESOLVED:  (Ainsworth/South)

 

That the list of grant applications and their status to 13 March 2013 be received.

 

 

 

Cr Flack left the meeting for this item at 9.20 pm and returned after the conclusion of the item at 9.21 pm.

 

ITEM 9.4     SF1687              280313     Reclassification of Bowraville Racecourse from Community to Operational Land

7/13 RESOLVED:  (Finlayson/MacDonald)

 

1        That pursuant to Clause 59 of the Environmental Planning and Assessment Act 1979 the Planning Proposal, associated documents and submissions be forwarded to Department of Planning and Infrastructure requesting that they seek the making of the Plan by the Minister.

 

2        That those persons/agencies who made submissions be advised of Council's decision.

 

3        That Council formally thank Ms Liz Jeremy, General Manager of Bellingen Shire Council for     her pro bono publico in conducting the public hearing.

 

For the motion:      Councillors Hoban, Morrison, Smyth, Finlayson, Ainsworth, MacDonald and South                                            Total 7

Against the motion          Nil

 

 

 

ITEM 9.5     SF1687              280313     Floor Level Survey Macksville

8/13 RESOLVED:  (South/Ainsworth)

 

1        That Council note that a floor level survey is to be undertaken of approximately 500 properties in the Macksville area.

 

2        That Council provide the consultant surveyors with a letter of introduction to be given out as required.

 

3        That Council receive a report on how this information can be managed once received.

 

4        That Council ask the Roads and Maritime Services whether they would include homes in the Kings Point area.

 

 


 

Assistant General Manager Corporate and Community Services Report

 

ITEM 10.1   SF1851              280313     Provision of Regulatory Services including Animal and Stock control

9/13 RESOLVED:  (Flack/Smyth)

 

That at the conclusion of the existing Companion Animals Contract (30 June 2013) Council undertake the regulatory functions in house.

 

 

 

 

Item 10.2 was dealt with under Delegations.

 

 

 

ITEM 10.3   SF1709              280313     Outstanding DA's greater than 12 months, applications where submissions received not determined to 2-15 March 2013

10/13 RESOLVED:          (Flack/South)

 

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

 

 

 

ITEM 10.4   SF327                280313     Nambucca District Band Committee of Management - Minutes of the Annual General Meeting - 18 February 2013

11/13 RESOLVED:          (Morrison/Ainsworth)

 

That Council endorse the Nambucca District Band Committee of Management’s minutes of the Annual General Meeting held on 18 February 2013 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

ITEM 10.5   SF251                280313     Schedule of Council Public Meetings

12/13 RESOLVED:          (Flack/MacDonald)

 

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

 

 

 

ITEM 10.6   SF1148              280313     Contract Regulatory Officer's Report February 2013

13/13 RESOLVED:          (Smyth/Ainsworth)

 

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

 

 


 

ITEM 10.7   SF768                280313     Request for maintenance of Attards Road

14/13 RESOLVED:          (Finlayson/Flack)

 

1        That Council note the outcome of the investigations which identified that no subdivisions      have occurred which have impacted upon or relate to Attards Road.

 

2        Given the poor condition of the road and bridge, Council not make application to have the road transferred to its control as taking on any additional infrastructure assets of this type       will place additional impost on already limited maintenance and capital works budgets.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1   SF843                280313     Vehicular Access To Beaches Committee

15/13 RESOLVED:          (Morrison/Ainsworth)

 

1        That the record of the discussions of the attendees at the Vehicular Access to Beaches Committee meeting held on Friday, 8 March 2013 be received and noted.

 

2        That Council write to all the VABC members seeking an alternative meeting time and ascertain their continued commitment to being a member of the VABC.

 

3        That following the consensus of the VABC members on an amended meeting time for the VABC that the Terms of Reference be amended to reflect the change and Council advised via a memo.

 

4        That the Terms of Reference be amended as follows;

i             Clause 8:   

 

8.1     Cr Court and Cr Moran OAM to be replaced by Cr Morrison and Cr Finlayson.

8.2     Date change line one of first sentence from 7 October 2011 to 25 October 2012.

8.2     Cr Moran OAM and Mr Schneider removed from list of Volunteer Beach Rangers.

8.3     Director Engineering Services amended to read Assistant General Manager Engineering Services.

8.5     First paragraph - remove the words elected by the Committee in November and replace with nominated by Council in September.

          Third paragraph – remove the words an alternate Councillor and replace with the Deputy Chairperson nominated by Council in September of each year.

 

Clause 10:

 

Director Engineering Services amended to read Assistant General Manager Engineering Services.

ii           Item 9 - change the quorum from 2 Councillors and 4 representatives to 2 Councillors and 2 representatives;

iii          Item 10 – review the meeting time currently set at 1.30pm by writing to all VABC members seeking alternative meeting time and ascertain their continued commitment to being a member of the VABC; and

iv          Item 10 – add “Notice of apologies are to be provided to Council at least (3) working days prior to the scheduled meeting.”

 

5        Note that the next Terms of Reference review be undertaken in 2016 or earlier if required.

 

6            Note that Council and the VABC will receive an amended Policy Vehicular Access To Beaches via a memo for comment and a further report will be provided to Council in accordance with the procedures for reviewing policies.

 

7            That Council include the following polling questions within the 2013 resident Satisfaction Survey to establish community attitudes to 4WD vehicles on beaches.

 

a     Should Council allow vehicular access to nominated beaches within the Shire?  YES\NO

 

b    Should vehicular access to nominated beaches within the Nambucca Shire be restricted to emergency services only?  YES\NO

 

c     Should 4WD vehicular access at the current locations to nominated beaches continue?

 

¨     Nambucca Heads at Swimming Creek           YES\NO

¨     Scotts Head at Forster Beach                        YES\NO

¨     Valla Beach at Valla Beach North                  YES\NO

 

d    How often do you visit the beach?

 

¨     Daily

¨     Frequently

¨     Seldom

¨     Never

 

e     What activities do you enjoy when using the beaches?

 

¨     Walking

¨     Swimming

¨     Surfing

¨     Fishing

¨     4-Wheel Driving

¨     Barbecues     

 

f      Should monitoring of 4WD’s on beaches be increased?

 

g    Are you prepared to have a rates increase to cover the costs for additional monitoring of beaches on a more regular basis including weekends?

 

16/13 Resolved:          (Morrison/MacDonald)

 

8        That Cr Finlayson be nominated as Deputy Chair to the Vehicular Access to Beaches Committee.

 

17/13 Resolved:          (Hoban/Ainsworth)

 

9        That, following consensus, Cr Finlayson was elected as Deputy Chair to the Vehicular Access to Beaches Committee.

 

 

 

 

Cr MacDonald left the meeting for this item at 9.37 pm and returned after the conclusion of the item 9.52 pm.

 

ITEM 11.2   SF1031              280313     Review of Policy - Rainwater Tank Rebates

Motion:     (Finlayson/South)

 

That the Council place the Draft “Rainwater Tank Rebate” Policy on public exhibition for a period of 28 days for public comment with a further report to be provided to Council to adopt the policy once any comment has been received and considered from the public exhibition period.

 

Amendment:      (Flack/Smyth)

 

That Council retain the 2,000 litre minimum size above BASIX and retain rebates for tanks as small as 1,000 litres.

 

The amendment was carried and it became the motion.

 

Further Amendment:         (Ainsworth/Finlayson)

 

That Council retain 2,000 litre minimum size above BASIX and retain rebates for tanks of 1,000 litres or more and that the policy be reviewed in six (6) months to determine whether there should be an increase in funding.  Further the policy is to be publicised wherever possible including in the rates newsletter.

 

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

 

18/13 Resolved:          (Ainsworth/Finlayson)

 

That Council retain 2,000 litre minimum size above BASIX and retain rebates for tanks of 1,000 litres or more and that the policy be reviewed in six (6) months to determine whether there should be an increase in funding.  Further the policy is to be publicised wherever possible including in the rates newsletter.

 

 

 

Cr MacDonald left the meeting for this item at 9.52 pm and returned after the conclusion of the item 9.55 pm.

 

ITEM 11.3   SF844                280313     Nambucca District Water Supply Steering Committee Meeting – 6 March 2013

19/13 RESOLVED:          (South/Ainsworth)

 

That the record of the discussion held on 6 March 2013 in lieu of the formal Nambucca District Water Supply Steering Committee meeting be received and noted by Council.

 

 

 

ITEM 11.4   RF284                280313     Load Limits on Railway Bridges on Browns Crossing Road, Eungai Creek

20/13 RESOLVED:          (Flack/South)

 

1        That Council write to the Minister for Transport asking her to intercede on Council’s behalf to expedite the upgrade or replacement of load limited railway bridges on Browns Crossing Road with copies to the Minister for Roads and Ports, the Member for Oxley and the Federal Member for Cowper.

 

2        That Council write to the Minister for Transport asking her to intercede on Council’s behalf to obtain a program for the replacement of railway bridges in the Nambucca Shire LGA with copies to the Minister for Roads and Ports, the Member for Oxley and the Federal Member for Cowper.

 

 

 

ITEM 11.5   SF1847              280313     Report on Damage - Natural Disaster Jan/Feb 2013

21/13 RESOLVED:          (Flack/Finlayson)

 

That Council receive and note the overview on the Local Emergency Management Committee debrief and the estimated damage to Council infrastructure eligible for consideration of funding under the natural disaster guidelines.

 

 

 

Cr MacDonald left the meeting for this item at 10.00 pm and returned after the conclusion of the item 10.12 pm.

 

ITEM 11.6   SF1687              280313     Macksville Park Water Usage

22/13 RESOLVED:          (Flack/Ainsworth)

 

1        That Council receive and note that the investigation of the Macksville Park club house and amenities buildings has found that leaking taps, leaking cisterns and an automated urinal flushing system are considered to account for a significant amount of the excessive water usage at this location.

 

2        That Council advise the Committee of Management of Macksville Park that they need to make arrangement for plumbing works to be undertaken immediately to rectify leaking taps and cisterns and convert the automatically flushing urinal in the clubhouse to a manual flush system otherwise Council will charge the Committee for the excess water consumption.

 

3        That Council require confirmation that the work is completed.

 

     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

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 below.

 

Reason reports are in Closed Meeting:

 

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1   SF1816              280313     Environmental Levy - Streetscape Improvements and Plans

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 10.12 pm.

 

RESUME IN OPEN MEETING

 

Resolved:         (Ainsworth/MacDonald)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 10.13 pm

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1   SF1816              280313     Environmental Levy - Streetscape Improvements and Plans

 

23/13 RESOLVED:          (Ainsworth/MacDonald)

 

1        That Council engage Bennell and Associates as the preferred consultant to prepare the options/concepts Streetscape plans for Macksville CBD and that they be notified accordingly.

 

2        That the other consultants be thanked for their interest and notified of the result of the assessment and that they also be advised that they will be notified of any future projects that are match their skill set.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 10.14 pm. 

 

Confirmed and signed by the Mayor on 10 April 2013.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)