The following document is the minutes of the Council meeting held on 15 May 2013.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 30 May 2013 and therefore subject to change.  Please refer to the minutes of 30 May 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

Cr Elaine South

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Peter Wilson (AGM Corporate & Community Services)

Paul Gallagher (AGM Engineering Services)

 

 

 

DISCLOSURE OF INTEREST

 

Councillor JA Ainsworth declared a non-pecuniary significant conflict of interest in Item 9.4 Draft 2013/14 Revenue Policy (Fees and Charges) under the Local Government Act as Cr Ainsworth is on the Board for South Beach.  Cr Ainsworth left the meeting for this item.

 

Councillor PF Flack declared a non-pecuniary less significant conflict of interest in Item 9.11 Draft Community Strategic Plan 2022 under the Local Government Act as Cr Flack is a non-executive member of Lock the Nambucca Valley – a not for profit community group which made the submission to the Draft Community Strategic Plan 2022.

 

Councillor BJ Finlayson declared a non-pecuniary less significant conflict of interest in Item 10.5 DA2010/004 Re-reporting Modification to DA2010/004 to Remove Requirement to Construct Footpath and Cycleway under the Local Government Act as Cr Finlayson act as a solicitor for the appalicant in relation to certain matters.

 

Councillor K MacDonald declared a pecuniary interest in Item 12.2 Groundwater Control – Bowraville Off River Water Storage under the Local Government Act as Cr MacDonald works for the fuel providers to the dam contractors.  Cr MacDonald left the meeting for this item.

 

 

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 24 April 2013

 

1/13 RESOLVED:  (Flack/Smyth)

 

That the minutes of the Ordinary Council Meeting of 24 April 2013 be confirmed.

 

 


 

NOTICE OF MOTION - CR MacDonald

 

ITEM 5.1     SF1817              150513     Notice of Motion - Council Business Papers (Trim SF271)

2/13 RESOLVED:  (MacDonald/Smyth)

 

That Council receive any documents larger than A4 size via hard copy not via the I-Pad to assist in Councillors’ comprehension of the reports

 

  

 

DELEGATIONS and PUBLIC FORUMS

 

Resolved:         (South/Ainsworth)

 

That the following delegations be heard:

 

Item 10.5 - Re-reporting Modification to DA2010/004 to remove requirement to construct footpath and cycleway

i)  Ms Rosie

ii)  Mr Darren Squibb

 

Ms Rosie Squibb addressed Council making the following points:

 

Mr Darren Squibb addressed Council making the following points:

 

Cr Finlayson declared a Non-Pecuniary – Less Significant Conflict.

 

 

ITEM 10.5   DA2010/004       150513     Re-reporting Modification to DA2010/004 to remove requirement to construct footpath and cycleway

Motion:     (Flack/Smyth)

 

That Council refuse the application to Modify Consent DA2010/004 for the following reasons:

 

1.         The application is inconsistent with the intention of the residential zoning to provide new residential development and adequate infrastructure to support it as it proposes to remove infrastructure fundamental to sustainable development.

 

2.  The application does not comply with the requirements of Part B of the Nambucca Development Control Plan 2010 and in particular clause B2.4.2 ‘Pedestrian and Cycle Networks’ which requires pedestrian and cycle ways to public reserves to be provided at the cost of the applicant.

 

3.  The application is inconsistent with the intentions and objectives of Policy B2.4.1 of the NDCP to provide interconnected urban environments, efficient and safe access to open spaces areas and reduce vehicle dependency.

 

4.  There would be a lack of connectively for a growing community which requires access to the nearby public recreation

 

5.  The removal of the linkage will discourage physical activity and alternatives to car use, which will subsequently increase the traffic accessing the development via Swordfish Drive and negatively impact on properties there.

 

6.  The submissions received raise relevant concerns and indicate significant community concern with the proposed modification.

 

7.  It is not in the public interest to remove a safe linkage from a new residential area to public recreation areas and subsequently discourage physical activities, enjoyment of these areas and social interaction within the community.

 

Cr Finlayson spoke and then left the meeting.

 

Amendment:      (Ainsworth/Morrison)

 

That, given the information that has been received in relation to Telstra cables and rising mains on the alignment of the cycleway, the matter be deferred until the infrastructure issues are sorted out.

 

The amendment was LOST.

 

The motion was put.

 

For the Motion:               Councillors Morrison, Ballangarry, Flack, Smyth, MacDonald, South and Hoban

                                      (Total 7)

Against the Motion:         Councillor Ainsworth                  (Total 1)

 

The motion was carried and it was:

 

3/13 Resolved(Flack/Smyth)

 

That Council refuse the application to Modify Consent DA2010/004 for the following reasons:

 

1.         The application is inconsistent with the intention of the residential zoning to provide new residential development and adequate infrastructure to support it as it proposes to remove infrastructure fundamental to sustainable development.

 

2.         The application does not comply with the requirements of Part B of the Nambucca Development Control Plan 2010 and in particular clause B2.4.2 ‘Pedestrian and Cycle Networks’ which requires pedestrian and cycle ways to public reserves to be provided at the cost of the applicant.

 

3.       The application is inconsistent with the intentions and objectives of Policy B2.4.1 of the NDCP to provide interconnected urban environments, efficient and safe access to open spaces areas and reduce vehicle dependency.

 

4.       There would be a lack of connectively for a growing community which requires access to the nearby public recreation.

 

5.       The removal of the linkage will discourage physical activity and alternatives to car use, which will subsequently increase the traffic accessing the development via Swordfish Drive and negatively impact on properties there.

 

6.       The submissions received raise relevant concerns and indicate significant community concern with the proposed modification.

 

7.       It is not in the public interest to remove a safe linkage from a new residential area to public recreation areas and subsequently discourage physical activities, enjoyment of these areas and social interaction within the community.

 

 

 

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                150513     Outstanding Actions and Reports

4/13 RESOLVED:  (Ainsworth/Flack)

 

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

 

 

 

ITEM 9.2     SF894                150513     Independent Local Government Review Panel - Future Directions for NSW Local Government - Twenty Essential Steps

5/13 RESOLVED:  (Ainsworth/Flack)

 

1.       That Council note the proposed creation of a North Coast County Council with the minimum specified set of core functions as indicated on page 34 of the Independent Panel’s “Twenty Essential Steps” report will potentially render Nambucca Shire Council financially unworkable and functionally redundant.

 

2.       That Council make an immediate submission to the Independent Local Government Review Panel requesting they issue a further discussion paper providing more detail on the proposed functions and operations of the proposed County Councils, including financing and staffing, as well as other options for mandatory alliances before preparing their final report.

 

3.       That Council defer making a more detailed response to the “Twenty Essential Steps” paper until after the scheduled discussions with the Panel and the discussions which are likely to occur with MIDROC councils and possibly the councils comprising the proposed North Coast County Council.

 

4.       That the Mayor and General Manager be provided with authority to meet with the MIDROC councils and the councils comprising the proposed North Coast County Council to discuss any concerns each Council may have.

 

5.       That a further report come to Council by mid June updating the Council on the outcome of any discussions with other Councils prior to Council making a submission on the “Twenty Essential Steps” paper by the deadline on Friday 28 June 2013.

 

6/13 Resolved(Flack/MacDonald)

 

That Council contact the Review Panel and request they conduct an information session on the Future Directions for Local Government Paper for Nambucca residents on the basis that the Urunga information session was not advertised locally.  Further, that the Nambucca Information Session be advertised in the Guardian News and Observer.

 

 

The meeting adjourned at 10.16 am.

The meeting resumed at 10.31 am.

 

 

 

ITEM 9.3     SF1851              150513     Review of Council's Organisation Structure

7/13 RESOLVED:  (Flack/Smyth)

 

1        That Council adopt Option3: Three Assistant General Managers, the additional one being Development, Environment and Community Services, transfer Strategic Planner to the Development, Environment and Community Services Department and transfer Grants and Contributions Officer to the Finance Section.

 

8/13 Resolved(Flack/Smyth)

 

That Council receive a report on the progress of the Business Services Unit in eight (8) weeks time.

 

9/13 Resolved(Flack/Smyth)

 

That Council note the work which has been undertaken in reviewing its organisation structure as meeting the requirement to review the structure within twelve (12) months of the election.

 

 

 

Cr Ainsworth left before the start of the item at 10.55 am and returned at 11.05 am.

 

ITEM 9.4     SF729                150513     Draft 2013/2014 Revenue Policy (Fees and Charges)

10/13 RESOLVED:          (Finlayson/South)

 

1.       That Council adopt the draft Revenue Policy (Fees and Charges) for 2013/2014 and place them on public exhibition for a minimum 28 days.

 

2.       That Council note the objections to the fee increases for the Gumma (Boulton’s Crossing) Reserve.

 

11/13 Resolved:          (Morrison/Finlayson)

 

That Council produce a comparison of water rates, sewer usage and trade waste for Bellingen, Kempsey, Coffs Harbour and an affluent Council in Sydney such as Waverly Council so that Council is fully aware of the situation with surrounding councils and a Sydney council before they set our fees.

 

12/13 Resolved:          (Morrison/Smyth)

 

That shops in Bowra Street which are charged for a 40mm connection fee, have their connection checked to ensure they are a 40mm connection and not a 20mm connection.  Further, that generally the connections be checked to ensure they are being charged appropriately.

 

13/13 Resolved:          (Hoban/Smyth)

 

That for the benefit of new Councillors and returning Councillors the information on the best practice pricing requirements for water and sewerage be made available on request to those who request it.

 

14/13 Resolved:          (Morrison/Ainsworth)

 

That any additional item to any rate notice an explanation be given of the change with the rate notice.

 

 

 

ITEM 9.5     PV4/2013           150513     Recruitment Arrangements for the Replacement of the Assistant General Manager Corporate and Community Services

15/13 RESOLVED:          (Flack/Smyth)

 

That the Mayor and Deputy Mayor assist in short listing and interviewing of candidates for the Assistant General Manager Position or Positions. 

 

 

 

ITEM 9.6     SF135                150513     Regional State of the Environment Report

16/13 RESOLVED:          (Flack/Smyth)

 

1.       That Council confirm its commitment to the Regional SoE report in accordance with the quoted costs and payment schedule being a total cost of $9,800 invoiced in two parts being $1,500 in 2014/2015 and $8,300 in 2015/2016.

 

2.       That the Northern Rivers Catchment Management Authority be advised of Council’s decision.

 

 

 

ITEM 9.7     SF1026              150513     Arrangements for Council Elections to be Conducted by the Electoral Commissioner

17/13 RESOLVED:          (Flack/Ainsworth)

 

That the General Manager be provided with delegated authority to enter into arrangements with the Electoral Commissioner for the provision of election services for the Council until the conclusion of the following ordinary election.

 

 

 

ITEM 9.8     SF203                150513     2011/12 NSW Water Supply and Sewerage Performance Monitoring Report

18/13 RESOLVED:          (MacDonald/Flack)

 

That Council note the release of the 2011/12 NSW Water Supply and Sewerage Performance Monitoring Report.

 

 

 

ITEM 9.9     SF544                150513     Upper Warrell Creek Road Contributions Plan - Draft

19/13 RESOLVED:          (Flack/Ballangarry)

 

1        That Council approve the Draft Upper Warrell Creek Road Developer Contributions Plan 2013.

 

2        That the draft plan is put on public exhibition for 28 days.  After the public exhibition period, the plan will be resubmitted to Council for final approval, accompanied by a report of public comments and any proposed changes, for Council’s consideration.

 

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

                                      South and Hoban                               (Total 7)

Against the Motion:         Councillors Finlayson, MacDonald       (Total 2)

 

 

 

ITEM 9.10   SF544                150513     Draft Projects Administration Contribution Plan

20/13 RESOLVED:          (Flack/Smyth)

 

That Council approve the Draft Project Administration Contributions Plan 2013 for public exhibition for 28 days, after which the plan will be resubmitted to Council, accompanied by a report of public comments and any proposed changes for final approval.

 

For the Motion:               Councillors Morrison, Ballangarry, Flack, Smyth, Ainsworth, MacDonald

                                      South and Hoban                               (Total 8)

Against the Motion:         Councillor Finlayson                            (Total 1)

                   

 

 

Cr Flack declared a less than significant non pecuniary interest re submission by Lock the Gate.

 

ITEM 9.11   SF1618              150513     DRAFT Community Strategic Plan 2022

21/13 RESOLVED:          (Flack/Smyth)

 

1        That Council note the submissions received as part of the first stage community consultation process and the range of recommendations associated with antimony mining and consider ways to address these submissions outside the process of adopting the Community Strategic Plan.

 

2        That Council approve the draft Community Strategic Plan 2023 for public exhibition from 17 May to 14 June 2013.

               

 

 

ITEM 9.12   SF1620              150513     Integrated Planning and Reporting Framework - 2013/14 TO 2016/17

22/13 RESOLVED:          (Smyth/Flack)

 

1.       That Council adopt the Draft 2013/2017 Delivery Program and Operational Plan to go on public exhibition.

 

2.       That Council note that the draft documents will be placed on public exhibition for a 28 day period from Friday 17 May 2013 until close of business on Friday 14 June 2013 and the community will be encouraged to provide feedback on the documents during that time.

 

3.       That the draft documents be placed in the Branch Libraries and Administration Building for viewing during the exhibition period.

 

4.       That a public meeting, to brief the community on the Draft Delivery Program and Operational Plan, be held on the evening of Wednesday 22 May 2013 and that this be advertised. 

 

 

 


Assistant General Manager Corporate and Community Services Report

 

ITEM 10.1   SF97                  150513     Review of Alcohol Free Zone in Bowraville CBD

23/13 RESOLVED:          (Flack/South)

 

That Council establishes an Alcohol Free Zone under Section 644 of the Local Government Act in the business precinct of Bowraville; described as High Street from its intersection with Young Street to its intersection with Bowra Street; Cook Street for the section between Young Street and the T intersection with Belmore/Conen Streets; and Belmore Street to its intersections with Adam Lane and Cook Street.

 

 

 

ITEM 10.2   SF1822              150513     Minutes of the Access Committee meeting held 26 March 2013 and Annual Confirmation of Committee

24/13 RESOLVED:          (Smyth/Flack)

 

1.         That Council endorse the office bearers and members of the Access Committee listed as follows: Chairperson: Shirley Holmes, Deputy Chair: Cr Elaine South; and Committee Members: Peter Shales, Margaret Hutchinson, Keith Davis, Cr Anne Smyth, Dr Dorothy Secomb, Les Small, Lee-anne Funnell, Alba Sky, Lyndel Bosman (Guide Dogs) and Jenny Adams.

 

2.         That a letter of thanks be sent to relevant Council staff on behalf of the Access Committee, to thank them for the work done to create a disability car parking space in Foodworks car park which used by people who have roof-mounted mobility devices.

 

3.         That the remaining minutes be endorsed.

 

 

 

ITEM 10.3   SF1771              150513     Investment Report to 30 April 2013

25/13 RESOLVED:          (MacDonald/Finlayson)

 

That the Accountants’ Report on Investments placed to 30 April 2013 be noted.

 

 

 

ITEM 10.4   T001/2013          150513     Tender for Audit Services

26/13 RESOLVED:          (MacDonald/Flack)

 

That Council note tenders have been invited for Audit Services for the six years commencing 1 July 2013.

 

 

Item 10.5 was dealt with under Delegations.

 

 

 

ITEM 10.6   SF1709              150513     Outstanding DA's greater than 12 months, applications where submissions received not determined to 15 April to 3 May 2013

27/13 RESOLVED:          (Ainsworth/Flack)

 

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

 

 

 

ITEM 10.7   SF1148              150513     Contract Regulatory Officer's Report April 2013

28/13 RESOLVED:          (Flack/Ballangarry)

 

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

 

 

 

ITEM 10.8   SF251                150513     Schedule of Council Public Meetings

29/13 RESOLVED:          (Ainsworth/South)

 

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

 

 

 

ITEM 10.9   SF1847              150513     Disaster Grant to Nambucca Shire Council

30/13 RESOLVED:          (MacDonald/South)

 

1        That Council acknowledge the $289,301 in disaster funds to be received from the State Government for the major storm event on 19 January 2011.

 

2        That Council formally advise the North Coast Region NSW Public Works Department that it accepts the Natural Disaster funding for the amount of $289,301.00 and conditions of funding for the restoration to local infrastructure following the January 2011 event.

 

3        That Council formally acknowledge the work of the Council staff involved in this claim.

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1   SF85                  150513     NSW Rural Fire Service Liaison Committee meeting No. 3 – 2012/13

31/13 RESOLVED:          (South/Ainsworth)

 

That Council receive, note the report and endorse the minutes for the RFS Liaison Committee Meeting No 3 - 2012/13 held on Thursday 11 April 2013.

 

 

ITEM 11.2   SF1031              150513     Review of Policy - Vehicular Access To Beaches

32/13 RESOLVED:          (Flack/Ainsworth)

 

That Council place the Draft “Vehicular Access To Beaches” Policy on public exhibition for a period of 28 days for public comment with a further report to be provided to Council to formally adopt the “Vehicular Access To Beaches” Policy once any comment has been received and considered from the public exhibition period.

 

 

ITEM 11.3   SF1092              150513     Plan of Management - Lions Park Ferry Street Macksville

33/13 RESOLVED:          (Flack/Smyth)

 

That the Council place the Draft “Plan of Management – Lions Park Ferry Street Macksville” on public exhibition for a period of 28 days for public comment with a further report to be provided to Council to adopt the Plan of Management once any comment has been received and considered from the public exhibition period.

 

 

 

ITEM 11.4   SF1092              150513     Plan of Management - Gordon Park Recreational Area - Playing Fields - Wellington Drive Nambucca Heads

34/13 RESOLVED:          (Flack/Smyth)

 

That the Council place the Draft “Plan of Management – Gordon Park Recreational Area – Playing Fields, Wellington Drive, Nambucca Heads” on public exhibition for a period of 28 days for public comment with a further report to be provided to Council to adopt the Plan of Management once any comment has been received and considered from the public exhibition period.

 

 

 

ITEM 11.5   SF1092              150513     Plan of Management - Gordon Park Rainforest Wellington Drive Nambucca Heads

35/13 RESOLVED:          (Flack/Ballangarry)

 

1      That the Council place the Draft “Plan of Management – Gordon Park Rainforest, Wellington Drive, Nambucca Heads” on public exhibition for a period of 28 days for public comment with a further report to be provided to Council to adopt the Plan of Management once any comment has been received and considered from the public exhibition period.

 

2      That Council endorse the change of the Committee’s name from Gordon Park Rainforest Walk Committee of Management to “Gordon Park Rainforest Committee of Management” and advertise the proposed change of the Committees name during the public exhibition process for the Plan of Management.

 

 

The meeting adjourned for lunch at 12.31 pm for 30 minutes.

 

 

 

ITEM 11.6   SF1575              150513     Asset Management Update - April 2013

36/13 RESOLVED:          (Flack/South)

 

That Council note the presentation on Asset Management.        

 

     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

Resolved:         (Ainsworth/Ballangarry)

 

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   DA2006/023       150513     Road Maintenance Bond - Allawah Estate, Macksville

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) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

 

 

For Confidential Business Paper in Closed Meeting – LATE REPORT

ITEM 12.2   SF1669              150513     Groundwater Control - Bowraville Off River Water Storage

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) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 1.15 pm.

 

 

RESUME IN OPEN MEETING

 

Resolved:         (Ainsworth/South)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 2.20 pm.

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1   DA2006/023       150513     Road Maintenance Bond - Allawah Estate, Macksville

37/13 RESOLVED:          (Finlayson/Morrison)

 

1.       That Council accept the offer from Mr Stephen McEvoy to extend the maintenance period for the completed work at the Allawah Estate subdivision by 12 months to August 2013.

 

2.       That Council note the resolution of MANEX to change Council procedures to require critical stage inspections of subdivision civil works with the cost of the inspections to be funded by an additional fee imposed as a condition of the subdivision approval.

]

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2   SF1669              150513     Groundwater Control - Bowraville Off River Water Storage

38/13 RESOLVED:          (Finlayson/Ainsworth)

 

That Council authorise its Project Manager, NSW Public Works, to negotiate on the variation claim for groundwater control at the Bowraville Off River Water Storage.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 2.21 pm. 

 

Confirmed and signed by the Mayor on 30 May 2013.

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)