The following document is the minutes of the Council meeting held on 24 April 2013. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 15 May 2013 and therefore subject to change.  Please refer to the minutes of 15 May 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)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

APOLOGIES

 

Greg Meyers (AGM Corporate & Community Services)

 

 

PRAYER

 

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

 

 

DISCLOSURE OF INTEREST

 

Councillor BJ Finlayson declared a non-pecuniary significant conflict of interest in Item 9.5 Replacement of Assistant General Manager - Corporate and Community Services and Related Changes to Council's Organisation Structure under the Local Government Act as Cr Finlayson has family members who are Council employees.  Cr Finlayson left the meeting for this item.

 

Councillor BJ Finlayson declared a non-pecuniary significant conflict of interest in Item 10.4 Outstanding DA's greater than 12 months, applications where submissions received not determined to 18-28 March 2013 under the Local Government Act as the applicant of DA 2010/004, VPR Developments Pty Ltd, is a client of Cr Finlayson.  Cr Finlayson left the meeting for this item.

 

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 10 April 2013

 

31/13 RESOLVED:          (South/Flack)

 

That the minutes of the Ordinary Council Meeting of 10 April 2013 be confirmed.

 

 

 

NOTICE OF MOTION - CR Hoban

 

ITEM 5.1     SF919                240413     Notice of Motion - Distribution of Electronic Business Papers

32/13 RESOLVED:          (Hoban/Flack)

 

That business papers for ordinary Council meetings are forwarded to Councillors' Ipads by close of business on the Thursday prior to the meeting.

 

  

 

PUBLIC FORUM/DELEGATIONS

 

RECOMMENDATION

 

That the following PUBLIC FORUMS and one DELEGATION be heard:

 

i)         Mr Ron Henderson, President Valla Hall Committee of Management

ii)       Mrs Anne Pade - Amenities Block replacement - Ferry Street

iii)      Mr Geoff Cave - Land use adjacent to East West Road

iv)      Mr Keith Longman - Council Rates- how are they being used for Valla residents

v)       Mr Brian Pade – Slashing on roadside/transmitting noxious weeds

 

DELEGATIONS

 

9.4     Planning Proposal - Nambucca LEP Amendment No. 13 - Schedule 1 Amendment to use Lot 155 and 188 DP 755537 for the Purposes of Seniors Living Development      3

i)        Ms Kristy Lee, Director Hamptons Property Services

 

 

Mr Ron Henderson, President Valla Hall Committee of Management, addressed Council making the following points:

 

·   Welcomed Council and thanked Council for its work and finance towards the Hall

·   Hall is 100 years old with the extension built for the centenary, used for weddings, yoga, crafts, Lions meeting

·   Lacking members on the Committee and new members would be most welcome.

 

Mrs Anne Pade addressed Council making the following points:

 

·   Read in Guardian News that Macksville Rotary, the Tourist Office and the River Users Group are planning a water sports event/weekend at Lions Park in Macksville in November

·   Good time promote the Nambucca Valley

·   Amenities block which was demolished by truck accident could it be replaced

·   Will this be replaced before November

·   RV friendly town…mentioned in their magazine and noted for its amenities

·   Have barbeques in summer months, inconvenience to walk over the bridge to find amenities block.

 

Response by Council’s Manager Assets, Mr Peter Baynes – order placed for pre fabricated unit – delivery date 1 June 2013 promised and so installed by end of financial year.  RV Friendly dump point will also be installed.  Location will be towards the north west of old block close to children’s playground.

 

Mr Geoff Cave addressed Council addressed Council making the following:

 

·   Macadamia grower near East West Road near the Highway

·   Pro development – future opportunities and rate revenue for Council

·   Council to recognise land use west side of new Pacific Highway….how can we take advantage of this opportunity

·   New investment by Nambucca Shire standards

·   First of new additions to Shire – this part of the Shire will be the northern most area to feed Coffs Harbour and Council should take opportunity

·   Service roads will also be developed – free infrastructure courtesy of new Highway

·   Concentrate its efforts to use this opportunity to develop this land for rural residential purposes

·   Incremental development is more achievable to assist the financing structure of the Shire

 


PUBLIC FORUMS continued

 

Mr Keith Longman addressed Council making the following points:

 

·   Ex council worker, retired

·   Hard to justify the average neighbours are paying around $1500 rates each year – what are they getting for their money

·   Has taken photos of problems on the (sealed) 684 Valla Road and sent them into Council’s Depot but still no response as to when it will be fixed by Council

·   What are these residents getting for their portion of their rates

·   Roads are shocking, had to replace tyres on his car due to bad roads

·   Where is his money, their money, going?

·   Has put in his own storm water culvert

·   This has been wrecked by the local bus – not trucks

·   Jet patcher has tried to fix the problem but this was unsuccessful

·   Council RED and GREEN bins being combined in the same truck

 

Mr Brian Pade addressed Council making the following points:

 

·   Slashing of Valla Road

·   Slashing to only one metre wide

·   Would like to see a wider area slashed

·   School children standing in long grass, this can be a dangerous situation as sighting children is hindered for motorists

·   Regarding noxious weeds, some slashers from other Shire clean down each machine so as not to spread noxious weeds

·    

Mr Peter Rundle addressed Council in regard to slashing of roadsides

·   Guide posts do not get sprayed for weeds which should really be coordinated by slashing/weed spraying so that weeds are destroyed immediately.

 

Mr Peter Trisley addressed Council stating that

·   some road corners are blind because the mowing is not sufficiently wide and could be dangerous

 

Mr Barry Pade addressed Council

·   Dry tree on Valla Road passed the intersection, hit by lightning and could be dangerous as it could fall on vehicles or people.

 

 

DELEGATIONS

 

9.4     Planning Proposal - Nambucca LEP Amendment NO. 13 - Schedule 1 Amendment to use Lot 155 and 188 DP 755537 for the Purposes of Seniors Living Development

 

Ms Kristy Lee, Director Hamptons Property Services, addressed Council

 

·   Town planning consultant for this project

·   Research shows significant opportunity for this development in this area as there is a shortage of seniors housing

·   There are a number of constraints that have be dealt with

·   Flood free access to the hospital – biggest matter to deal with, not sure yet how it will be dealt with

·   All problems/issues will be addressed and integrated into a staged process eg bushfire buffers, flood zone, setback zones


 

ITEM 9.4     SF1730              240413     PLANNING PROPOSAL - NAMBUCCA LEP AMENDMENT NO. 13 - SCHEDULE 1 AMENDMENT TO USE LOT 155 AND 188 DP 755537 FOR THE PURPOSES OF SENIORS LIVING DEVELOPMENT

33/13 RESOLVED:          (Ainsworth/Finlayson)

 

1        That Council staff collaborate with applicant to ensure the planning proposal has addressed all matters necessary pursuant to Clause 55 of the Environmental Planning and Assessment Act 1979 and DOPI’s Guide to preparing planning proposals;

 

2        That, pursuant to Clause 56 of the Environmental Planning and Assessment Act 1979, the Planning Proposal proposing a Schedule 1 Amendment to the Nambucca LEP 2010 to allow a seniors living development on Lot 155 and 188 DP755537 be forwarded to the Minster for Gateway Determination.

 

3        That the Minister be advised of the matters that Council considers require further detailed investigation should the proposal proceed beyond the initial gateway determination.  In the first instance an examination of the appropriateness of a seniors living development being isolated during flood events should be considered as well as the availability of alternative accesses to the property.

 

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

Against the motion:         Councillor Flack                                  (Total 1)

 

 

 

ASKING OF QUESTIONS WITH NOTICE

 

There were no questions with notice.

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

There were no questions for Closed Meeting where due notice has been received.

 

 

 

General Manager Report

 

ITEM 9.1     SF959                240413     Outstanding Actions and Reports

34/13 RESOLVED:          (Ainsworth/MacDonald)

 

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

 

 

 

ITEM 9.2     SF42                  240413     Local Government Acts Taskforce - Release of Discussion Paper on the Review of the Local Government Act 1993

Motion:     (Finlayson/Ainsworth)

 

That Council note the Discussion Paper released by the Local Government Acts Taskforce.

 

Amendment:      (Ainsworth/Finlayson)

 

That this Council not support the abolishment of the ward system as it may be required in future possible amalgamations or changes to governance arrangements and that this be part of Council’s submission.

 

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

 

35/13 Resolved:          (Ainsworth/Finlayson)

 

That this Council not support the abolishment of the ward system as it may be required in future possible amalgamations or changes to governance arrangements and that this be part of Council’s submission.

 

 

 

ITEM 9.3     SF544                240413     Final Draft Section 94A Contribution Plan for Adoption

36/13 RESOLVED:          (Flack/Smyth)

 

That Council adopt the Final Draft s.94A Development Contribution Plan 2013 to become effective from 6 May 2013 following public notification.

 

For the motion:               Councillors Hoban, Morrison, Smyth, Finlayson, Ainsworth, Macdonald, Flack                                  and South                                          (Total 8)

Against the motion:         NIL                                                    (Total 0)

 

 

Item 9.4 was dealt with under Delegations.

 

 

ITEM 9.5     SF1851              240413     Replacement of Assistant General Manager - Corporate and Community Services and Related Changes to Council's Organisation Structure

Motion:     (Hoban/Flack)

 

That this matter be deferred to the Council meeting on 30 May 2013 at the latest to allow for further consultation.

 

Amendment:      (Hoban/Ainsworth)

 

That this matter be deferred to the Council meeting on 30 May 2013 at the latest to allow for further consultation and in the meantime the General Manager investigate the possibility of a temporary appointment to fulfil some of the functions of the Assistant General Manager Corporate and Community Services.

 

Amendment was carried and it became the motion and it was:

 

37/13 Resolved:          (Hoban/Ainsworth)

 

That this matter be deferred to the Council meeting on 30 May 2013 at the latest to allow for further consultation and in the meantime the GM investigate the possibility of temporary appointment to fulfil some of the functions of the Assistant General Manager Corporate and Community Services.

 

 

Assistant General Manager Corporate and Community Services Report

 

ITEM 10.1   SF1730              240413     Long Term Financial Plan - T Corp Final Financial Assessment and Benchmarking Report 12 March 2013

38/13 RESOLVED:          (MacDonald/South)

 

1        Council note receipt of the final NSW Treasury Corporation report Nambucca Shire Council Financial Assessment and Benchmarking Report 12 March 2013.

 

2        That Council note the separate assessment by NSW Treasury Corporation for its Financial Sustainability Rating as “weak” and its outlook as “negative”, pursuant to their assessment criteria.

 


 

ITEM 10.2   SF1074              240413     Privacy Management Plan

39/13 RESOLVED:          (Flack/Smyth)

 

1        That Council adopt the model Privacy Management Plan prepared by the Division of Local Government and endorse the changes to Council’s cover sheet.

 

2        That Council forward a copy of its revised Privacy Management Plan to the Privacy Commissioner as soon as practicable after its adoption.

 

 

 

ITEM 10.3   SF1709              240413     Applications and Statistical Reports 2012-2013 - March 2013

40/13 RESOLVED:          (Flack/Finlayson)

 

1          That Council note development application statistics and processing times for 2013 compared with 2012.

 

2          That Council note the statistical information for Applications and Certificates received and released by Council for 2012-2013.

 

 

 

Cr Finlayson left the meeting for this Item at 7.51 pm and returned after the conclusion of the Item at 7.52 pm.

 

ITEM 10.4   SF1709              240413     Outstanding DA's greater than 12 months, applications where submissions received not determined to 18-28 March 2013

41/13 RESOLVED:          (Ainsworth/MacDonald)

 

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

 

 

 

ITEM 10.5   SF1148              240413     Contract Regulatory Officer's Report March 2013

42/13 RESOLVED:          (MacDonald/South)

 

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

 

 

 

ITEM 10.6   SF342                240413     Valla Beach Tennis Club Inc Committee of Management - Minutes of AGM 11 March 2013

43/13 RESOLVED:          (Flack/Smyth)

 

That Council endorse the Valla Beach Tennis Courts Committee of Management’s minutes of the Annual General Meeting held on 11 March 2013 and thank the outgoing Committee for their work in the past twelve months.

 

 

 


Assistant General Manager Engineering Services Report

 

ITEM 11.1   SF1676              240413     Capital Works Report - 1 January 2013 to 31 March 2013

44/13 RESOLVED:          (MacDonald/Finlayson)

 

1        That the Capital Works Report for the period 1 January 2013 to 31 March 2013 be received and noted.

 

2        That the proposed variations be endorsed and included in the March 2013 budget review.

 

     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

Resolved:         (Ainsworth/Morrison)

 

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   SF839                240413     General Manager's Performance Review

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.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 8.16 pm.

 

The meeting adjourned at 8.16 pm.

The meeting resumed at 8.24 pm.

 

The General Manager left the meeting at 8.45 pm and returned after the conclusion of Council’s deliberations of Item 12.1 in Closed Meeting at 9.58 pm.

 

RESUME IN OPEN MEETING

 

Resolved:         (Ainsworth/Morrison)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 10.10 pm.

 

 

FROM COUNCIL IN CLOSED MEETING

 


General Manager Report

For Confidential Business Paper in Closed Meeting

 

ITEM 12.1   SF839                240413     General Manager's Performance Review

45/13 RESOLVED:          (Flack/MacDonald)

 

That the General Manager note the Council’s comments on his performance.

 

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 10.11 pm. 

 

Confirmed and signed by the Mayor on 15 May 2013.

 

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)