The following document is the minutes of the Council meeting held on 30 May 2013.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 12 June 2013 and therefore subject to change.  Please refer to the minutes of 12 June 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)

Monika Schuhmacher (Minute Secretary)

 

PRAYER

 

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

 

 

APOLOGIES

 

Ms Lil Ganly (who intended to address Council in Public Forum)

 

 

DISCLOSURE OF INTEREST

 

Councillor K MacDonald declared a pecuniary interest in Item 10.5 Planning Proposal Housekeeping Amendment to the Nambucca LEP 2010 under the Local Government Act as Cr MacDonald’s brother in law has a financial stake in the Nambucca Vet Clinic.  Cr MacDonald left the meeting for this item.

 

General Manager Michael Coulter declared a non-pecuniary significant conflict of interest in Item 10.9 Section 94 Status Report - May 2013 under the Local Government Act as Mr Coulter is an active member of the Macksville Scotts Head SLSC and the report concerns the contributions provided to surf life clubs.  Mr Coulter left the meeting for this item.

 

Councillor K MacDonald declared a non-pecuniary less significant conflict of interest in Item 10.10 DA 2012/108 Residential Flat Building 4 Fraser St Nambucca Heads under the Local Government Act as Cr MacDonald worked for a very short time at Nambucca Shire Council with Mr Clint Leckie albeit on a part time basis.

 

Councillor K MacDonald declared a pecuniary interest in Item 10.11 Haslin Constructions Pty Ltd - Request to extend Saturday working hours at the Bowraville Off River Water Storage from 8.00am to 1.00pm to 8.00am to 4.00pm under the Local Government Act as Cr MacDonald’s employer has been awarded fuel supply to Haslin Constructions.  Cr MacDonald left the meeting for this item.

 

Councillor K MacDonald declared a pecuniary interest in Item 12.2 Nambucca District Water Supply Steering Committee Meeting – 1 May 2013 under the Local Government Act as Cr MacDonald’s employer has been awarded fuel supply to Haslin Constructions.  Cr MacDonald left the meeting for this item.

 


 

  

PUBLIC FORUMS AND DELEGATIONS

 

Resolved:         (Flack/Smyth)

 

That the following PUBLIC FORUMS and DELEGATIONS be heard:

 

i)            Mike Griffin - Nambucca Entertainment Centre

ii)           Marlene Griffin - Nambucca Valley Arts Council

iii)          Trevor Keast - Sale of Tennis Courts at EJ Biffin Fields

iv)         Trevor Johnson – Policing in Nambucca Heads

v)          Michael Porter – Rodeo Drive – Markings and signage

vi)         Lauris White representing Nambucca Heads Chamber of Commerce – Road Repairs/water on pedestrian crossing/railings at Main Beach/footpaths in Bowra Street/condition of Short Street/street lights

 

DELEGATION

10.3   BR-BV-2 Weekes Bridge Replacement

          i)        Sean Davis – advocating two lane bridge

 

10.10 DA 2012/108 Residential Flat Building 4 Fraser St Nambucca Heads

          i)        Kelli  Leckie – opposing the development

          ii)       Clint Leckie – opposing the development

          iii)      Jonathon Ritchie – supporting the development

          iv)      Scott Riley – applicant

 

PUBLIC FORUMS

 

Mr Mike Griffin - Secretary of the Nambucca Entertainment Centre welcomed everyone and then spoke to a prepared statement which is on file SF404

 

Mrs Marlene Griffin - Nambucca Valley Arts Council spoke to a prepared statement which is on file.SF404

 

Mr Trevor Keast addressed Council making the following points:

·   Committee has long term plans and committee objects to the proposal – selling site of old tennis courts

·   Two recent school carnivals and over 40 cars parked on said area to keep them off  the street

·   Athletics carnivals as preferred regional facility

·   If land is sold it will never be given back

·   Selling land will cause damage to the ground

·   There are not many sporting facilities in Nambucca

·   Suggest giving land at Faringdon Fields

·   Can it be located on the western end of the fields instead

·   Why sell part of sporting ground off when it is actually used.

 

Mr Trevor Johnson addressed Council making the following points:

·   Concerned that we do not have a (manned) police station at Nambucca Heads

·   Cheap accommodation attracts people who use the dole office

·   Can only speak to Police as they do not make themselves accessible

·   Phone police only to get diverted to Kempsey or Port Macquarie Police stations

·   Developers are put off due to low socio economic area

·   Police not available when needed

·   Best thing to do is to get out of Nambucca Heads but people wanting sell cannot even get a buyer

·   No one is doing anything to bring proper policing back to Nambucca Heads

·   Calling on Mayor to push our case for a 24 hour Police Station

·   Wasting time living in the Valley – will be taken over by no-good people

·   Need to get this town back on track

 

The Mayor indicated that the Police Area Commander will facilitate a meeting with key community people. It was suggested that the Hon Andrew Stoner MP (Deputy Premier, Member for Oxley) be invited to that meeting.

 

Mr Michael Porter addressed Council making the following points:

·   Speaking for three to five current licensed drivers using access to Rodeo Drive

·   Recent activity and cautionary signs regarding state of road – excellent

·   Speed has been adjusted – 90kph is still too dangerous for this road

·   Council may not be responsible for the placement of signage

·   Major issue is the markings on the road

·   Would like no overtaking allowed at all on Rodeo Drive

·   Some of the legal to overtake area (unbroken lines) are very dangerous

·   High traffic area – trucks, fuel tankers, milk tanker, cattle trucks, dam construction trucks

·   Very few areas that are actually safe for overtaking

·   Would prefer Rodeo Drive to be 80kph but at least all No Overtaking

·   Has written to the RMS and spoken to Council officer concerned

 

Mayor advised that the RMS is responsible for the road, the speed limit and signage – they conduct a speed zone review.  Line marking is conducted by Council and this will be investigated.

 

Ms Lauris White addressed Council to a prepared statement which is also a letter sent to Council and a copy is on file:

·   Letter to Council before the landslides last week

·   Quality of construction of road repairs – some failing shortly after being constructed

·   Concerns over the quality control need to be addressed

·   Pedestrian crossing Bowra Street, water does not run away

·   The state of footpaths in Bowra Street, filthy, eye-sore, especially for tourist town

·   Short Street, problem when skateboard rider coming towards you there is nowhere for the car to go to avoid a collision with the skater other than having an accident

·   Light pole

·   Anglican Church - gravel

 

DELEGATIONS

 

Mr Sean Davis addressed Council to a prepared statement which is on file BR-BV-2.

 

ITEM 10.3   BR-BV-2             300513     Weekes Bridge Replacement

1/13 RESOLVED:  (Finlayson/Ainsworth)

 

That no action be taken in regard to the report to Council.

 

 

DELEGATIONS continued

 

Mr Clint Leckie addressed Council making the following points:

 

·   Thoughts from a Councillor’s point of view

·   Thanks for the rescission motion

·   Questions; protect the objectors right to sunlight,  how many other claims can I believe

·   Council still being asked to support development application

·   Old home will be deprived of its right to sunlight

·   It is entitled to receive a minimum of two hours of sunlight

·   Example of brothel for same site

 

Ms Kelli Leckie addressed Council making the following points:

·   Asks council to reconsider the development application on property

·   Have worked really hard to renovate new home

·   Aware that something will be built on vacant block

·   But build something for Nambucca not for a city-based developer

·   Current development application obstructs master plan decision

·   It will not welcome people to area

·   Soft building that are not intrusive is preferred

·   Overdevelopment will adversely affect their home

·   Building is 5 stories high with balconies overlooking their living room

·   Height of development has also been exceeded

·   Results in overshadowing of their home

·   Shadow plan from developer is incorrect

·   Insufficient sunlight, if development is approved they will have no sunlight at all

 

Mr Jonathon Ritchie addressed Council making the following points:

·   Conflict of interest, Mr Riley is a client of his

·   As an accountant in this area, things have never been as bad as they are at the moment

·   Building industry is a key driver in the economic growth

·   Is aware of construction based industry in the valley who look forward to coming back to work here

 

Mr Scott Riley addressed Council making the following points:

·   Spent 9 months adjusting and working with Council and staff and making adjustments where possible

·   Need to be economically sustainable

·   Tourism is needed

·   This could turn into a secondary tourism item

·   Benefit of its location

·   Approval for 10 units – shadowing that existing building is almost same

·   Have tried for 9 months to keep modifying

·   Is prepared to risk developing in the Valley

·   May help in moving Nambucca Heads forward.

 

ITEM 10.10  DA2012/108       300513     DA 2012/108 Residential Flat Building 4 Fraser St Nambucca Heads

Motion:     (Ainsworth/Finlayson)

 

1        That Council approve the DA 2012/108 application subject to the attached conditions of consent and the following:

 

2        That Council permit a variation of Development Standards for:

 

         a        the Height plane of 14m on a small portion of the building by 0.5m due to the lift over run; and

         b        a 2.6% increase in the floor space ratio.

 

Amendment:      (Flack/Smyth)

 

That the matter be deferred to give Councillors the opportunity to read further information supplied by Mr and Mrs Leckie.

 

2/13 Resolved(Flack/Smyth)

 

That Mrs Leckie be permitted to further address Council to clarify a matter.

 

The amendment was LOST.

 

The motion upon being put was carried and it was:

 

3/13 Resolved(Ainsworth/Finlayson)

 

1        That Council approve the DA 2012/108 application subject to the attached conditions of consent and the following:

 

2        That Council permit a variation of Development Standards for:

 

         a        the Height plane of 14m on a small portion of the building by 0.5m due to the lift over run; and

         b        a 2.6% increase in the floor space ratio.

 

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

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

 

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 15 May 2013

 

4/13 RESOLVED:  (Flack/South)

 

That the minutes of the Ordinary Council Meeting of 15 May 2013 be confirmed subject to the following amendment:

 

Item5.1 Notice of Motion to read:

 

          That Council receive any documents larger than A4 size via hard copy and I-Pad to assist in Councillors’ comprehension of the reports.

 

 

 

Notices of Rescission

 

ITEM 6.1     SF794                300513     Notice of Rescission - Review of Council's Organisation Structure (SF1851)

Motion:     (Morrison/Finlayson)

 

That Council rescind the following resolutions:

 

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.

 

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

 

3        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.

 

The Motion was LOST.

 

 

 

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.

 

 

 

Item 10.1 was dealt with under the Rescission Motion, Item 6.1, which was LOST.

 

 

 

General Manager Report

 

ITEM 10.2   SF959                300513     Outstanding Actions and Reports

5/13 RESOLVED:  (Ainsworth/Finlayson)

 

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

 

 

Item 10.3 was dealt with under Delegations.

 

 

 

ITEM 10.4   SF1496              300513     Minutes of the Nambucca River, Creeks, Estuary and Coastline Management committee meeting held on 10 May 2012

6/13 RESOLVED:  (Ainsworth/Morrison)

 

1        That Council note the support from the committee to exhibit the Nambucca River Flood Study with associated materials and endorse the study for exhibition;

 

2        That Council note the committees support to exhibit the Deep Creek Flood Study and associated entrance management strategy with an amended water level trigger of 1.4m AHD and endorse the study for exhibition;

 

3        That Council note the resolution of the committee requesting Council to consider environmental levy funds in the 2013/14 budget for the Gumma Wetland project. Council consider a further report on the environmental levy once grant funding has been announced. This report will detail funds required and/or available for additional projects in the 2013/14 budget including any additional funding that may be available for actions in the Gumma Healthy Wetlands project.

 

4        That the remaining minutes from the Nambucca River Creeks, estuary and coastline management committee meeting held on Friday 10 May 2013 be endorsed and as necessary the appropriate action be taken.  Also, it is to be noted that Cr Morrison chaired the two items with the Chair Cr Ainsworth leaving the meeting due to having a pecuniary interest.

 

 

 

Cr MacDonald left the meeting for this item at 8.15 pm and returned after the conclusion of the item at 8.35 pm.

 

ITEM 10.5   SF1541              300513     Planning Proposal Housekeeping Amendment to the Nambucca LEP 2010

Motion:     (Flack/Ainsworth)

 

1          Pursuant to the Clause 55 of the Environmental Planning and Assessment Act 1979, Council prepare a Planning Proposal to support the following amendment as proposed in this report.

 

a.   amend Thistle Park (Lot 12 Sec A DP11590; Lot 1 DP 122896; Lot 1 DP122896; Lot 1 DP122898; Lot 7 Sec D DP11590; Lot 6 Sec D DP11590; Lot 5 Sec D DP11590; Lot 4 Sec D DP11590; Lot 12 Sec A DP 11590; Lot 1 DP729696) from R1 General Residential to RE1 Public Recreation and remove any other development standards that are inconsistent with other open space areas.

 

b.   zone the land occupied by the Nambucca Veterinary Clinic (Lot 1 DP541043 & Lot 9 Sec 27 DP758749) from R3 Medium Density Residential to B1 Neighbourhood Centre and remove the floor space ratio (FSR) to reflect the adjoining land and other commercial land in the shire.

 

c.   the Macksville Post Office be listed as an Environmental Heritage Item in Schedule 5 Part 1 of the Nambucca LEP 2010.

 

d.   Land occupied by the Nambucca Bridge Club 2 Fred Brain Avenue Nambucca Heads (Lot 21 DP1161807) be zoned from RE1 Public Recreation to RE2 Private Recreation.

 

e.   The minimum lot size map at 125 Ocean View Drive Valla Beach (Lot 8 DP1031509) be amended from 450sqm to 40Ha a minimum lot size.

 

2        The Planning Proposal and associated material be submitted to the Minister for Planning for   consideration under Clause 56 of the Act.

 

Amendment:      (Finlayson/Ainsworth)

 

1          Pursuant to the Clause 55 of the Environmental Planning and Assessment Act 1979, Council prepare a Planning Proposal to support the following amendment as proposed in this report.

 

a.   amend Thistle Park (Lot 12 Sec A DP11590; Lot 1 DP 122896; Lot 1 DP122896; Lot 1 DP122898; Lot 7 Sec D DP11590; Lot 6 Sec D DP11590; Lot 5 Sec D DP11590; Lot 4 Sec D DP11590; Lot 12 Sec A DP 11590; Lot 1 DP729696) from R1 General Residential to RE1 Public Recreation and remove any other development standards that are inconsistent with other open space areas.

 

b.   zone the land occupied by the Nambucca Veterinary Clinic (Lot 1 DP541043 & Lot 9 Sec 27 DP758749) from R3 Medium Density Residential to B1 Neighbourhood Centre and remove the floor space ratio (FSR) to reflect the adjoining land and other commercial land in the shire.

 

c.   the Macksville Post Office be listed as an Environmental Heritage Item in Schedule 5 Part 1 of the Nambucca LEP 2010.

 

d.   Land occupied by the Nambucca Bridge Club 2 Fred Brain Avenue Nambucca Heads (Lot 21 DP1161807) be zoned from RE1 Public Recreation to RE2 Private Recreation.

 

2        The Planning Proposal and associated material be submitted to the Minister for Planning for   consideration under Clause 56 of the Act.

 

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

 

7/13 Resolved(Finlayson/Ainsworth)

 

1          Pursuant to the Clause 55 of the Environmental Planning and Assessment Act 1979, Council prepare a Planning Proposal to support the following amendment as proposed in this report.

 

a.   amend Thistle Park (Lot 12 Sec A DP11590; Lot 1 DP 122896; Lot 1 DP122896; Lot 1 DP122898; Lot 7 Sec D DP11590; Lot 6 Sec D DP11590; Lot 5 Sec D DP11590; Lot 4 Sec D DP11590; Lot 12 Sec A DP 11590; Lot 1 DP729696) from R1 General Residential to RE1 Public Recreation and remove any other development standards that are inconsistent with other open space areas.

 

b.   zone the land occupied by the Nambucca Veterinary Clinic (Lot 1 DP541043 & Lot 9 Sec 27 DP758749) from R3 Medium Density Residential to B1 Neighbourhood Centre and remove the floor space ratio (FSR) to reflect the adjoining land and other commercial land in the shire.

 

c.   the Macksville Post Office be listed as an Environmental Heritage Item in Schedule 5 Part 1 of the Nambucca LEP 2010.

 

d.   Land occupied by the Nambucca Bridge Club 2 Fred Brain Avenue Nambucca Heads (Lot 21 DP1161807) be zoned from RE1 Public Recreation to RE2 Private Recreation.

 

2        The Planning Proposal and associated material be submitted to the Minister for Planning for         consideration under Clause 56 of the Act.

 

For the Motion:  Councillors Morrison Finlayson, Ainsworth, South and Hoban    (Total 5)

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

 

 

 

ITEM 10.6   SF1541              300513     Planning Proposal Nambucca LEP amendment Subdivision of undersized allotments

8/13 RESOLVED:  (MacDonald/South)

 

1        Pursuant to the Clause 55 of the Environmental Planning and Assessment Act 1979, Council prepare a Planning Proposal to support an amendment to allow for the Boundary adjustments of land in certain rural and environmental protection zones.

 

2        The Planning Proposal and associated material be submitted to the Minister for Planning for         consideration under Clause 56 of the Act.

 

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

Against the Motion: Nil    

 

 

 

ITEM 10.7   SF1687              300513     Floor Level Survey Macksville - further Report

9/13 RESOLVED:  (Finlayson/South)

 

1        That Council make available the floor level survey information by request in writing. Noting that it requires the property owners written consent.

 

2        That a flood enquiry fee of $64 is recommended.

 

3        That Council note that the proposed survey will address all areas located upstream of the proposed Highway bypass that are likely to be impacted by a 1 in 100 year flood event. This area includes Kings Point area.

 

 

 

ITEM 10.8   SF1120              300513     Grant Application Status Report

10/13 RESOLVEDS:       (MacDonald/Finlayson)

 

That the list of grant applications and their status to 20 May 2013 be received.

 

 

 

The General Manager left the meeting for this item at 8.42 pm and returned after the conclusion of the item at 8.50 pm.

 

ITEM 10.9   SF544                300513     Section 94 Status Report - May 2013

11/13 RESOLVED:          (Finlayson/South)

 

1        That the Section 94 Status Report – May 2013 be received.

 

2        That Section 94 activities as outlined in the report be endorsed.

 

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

Against the Motion: Nil    

 

 


 

 

Item 10.10 was dealt with under Delegations.

 

 

 

General Manager Report – LATE

 

Cr MacDonald left the meeting for this item at 8.59 pm and returned after the conclusion of the item at 9.01 pm.

 

ITEM 10.11  SF1669              300513     Haslin Constructions Pty Ltd - Request to extend Saturday working hours at the Bowraville Off River Water Storage from 8.00am to 1.00pm to 8.00am to 4.00pm

12/13 RESOLVED:          (Ainsworth/Finlayson)

 

That Council approve the request from Haslin Constructions Pty Ltd to extend Saturday working hours at the Bowraville Off River Water Storage to 8.00am to 4.00pm, subject to no haulage of materials to or from the site being undertaken between 1.00pm and 4.00pm.

 

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

Against the Motion: Nil    

 

 

 

Assistant General Manager Corporate and Community Services Report

 

ITEM 11.1   SF1831              300513     March 2013 Budget Review

13/13 RESOLVED:          (Ainsworth/MacDonald)

 

1        That the budget review for the quarter ended 30 March, 2013 be received.

 

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

 

 

 

 

ITEM 11.2   DA2012/010       300513     Re-reporting Modification to 2012/010 to remove Lot 14 from the development

Recommendation:

 

This item has been moved to Council’s next meeting on 12 June 2013.

 

 

 

ITEM 11.3   SF1709              300513     Applications and Statistical Reports 2012-2013 - April 2013

14/13 RESOLVED:          (Ainsworth/South)

 

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.

 

 


 

ITEM 11.4   SF1709              300513     Outstanding DA's greater than 12 months, applications where submissions received not determined to 6-17 May 2013

15/13 RESOLVED:          (Ainsworth/Finlayson)

 

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

 

 

 

ITEM 11.5   SF332                300513     Scotts Head Tennis Club Committee of Management - Minutes of the Annual General Meeting - 8 May 2013

16/13 RESOLVED:          (MacDonald/South)

 

That Council endorse the Scotts Head Tennis Club Committee of Management’s minutes of the Annual General Meeting held on 8 May 2013 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 12.1   SF729                300513     Water and Sewerage  Fees and Charges

17/13 RESOLVED:          (Ainsworth/Finlayson)

 

That Council note the information provided showing a comparison of water, sewerage and trade waste charges for neighbouring Councils and Sydney Water.

 

Note: Cr Morrison tabled a water comparison usage costs between Councils.

 

 

 

ITEM 12.2   SF844                300513     Nambucca District Water Supply Steering Committee Meeting – 1 May 2013

18/13 RESOLVED:          (Finlayson/Smyth)

 

That Council adopt the minutes of the Water and Sewerage Steering Committee Meeting held on 1 May 2013, with the inclusion of Cr Flack’s question regarding the concentration of salt and other non-evaporating minerals and how they will be managed.

 

 

 

ITEM 12.3   SF453                300513     Waste Management Quarterly Report January - March 2013

19/13 RESOLVED:          (Finlayson/South)

 

That Council receive and note the information provided in the Waste Management Quarterly Report for the period January – March 2013.

 

20/13 Resolved:          (Hoban/South)

 

That Council write to the General Manager of Coffs Harbour City Council requesting that as the lead Council in the agreement they undertake an evaluation of the biomass processing rather than rely on the contractors who have a commercial interest in this  And further request figures on how much biomass waste has been sold to date.

 

21/13 Resolved:          (Morrison/Ainsworth)

 

That a report come to Council on the comparison of waste costs from a Sydney council (eg Mosman) and mid north and north coast councils.

 

22/13 Resolved:          (Flack/Smyth)

 

That the General Manager consult with Bellingen Shire Council to gauge its interest in forming a working group to review the Coffs Coast Waste Service’s strategic direction.

 

    

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 10.15 pm. 

 

Confirmed and signed by the Mayor on 12 June 2013.

 

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)