The following document is the minutes of the Council meeting held on 10 July 2013.† These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 25 July 2013 and therefore subject to change.† Please refer to the minutes of 25 July 2013 for confirmation.

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

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)

Paul Gallagher (AGM Engineering Services)

Peter Wilson (A/g AGM Corporate & Community Services)

 

 

APOLOGIES

 

Cr John Ainsworth

Jeneane Donohoe (Nambucca Valley Motors)

 

 

DISCLOSURE OF INTEREST

 

Councillor K MacDonald declared a pecuniary interest in Item 9.6 Mineral and Salt Concentrations in the Bowraville Off River Water Storage under the Local Government Act as Cr MacDonald is employed by the fuel contractors to the dam.† Cr MacDonald left the meeting for this item.

 

Councillor ES South declared a non-pecuniary significant conflict of interest in Item 9.7 Review of the Cost Effectiveness of the Mixed Waste (red bin) Recovery System - Response from Coffs Harbour City Council under the Local Government Act as Cr South purchases bulk quantities of compost from Bio Mass.† Cr South left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 27 June 2013

1/13 RESOLVED:† (Flack/Smyth)

 

That the minutes of the Ordinary Council Meeting of 27 June 2013 be confirmed.

 

 

Resolved:†††††††† (MacDonald/Finlayson)

 

That Council hear the delegation for the Public Forum first.

 

 

 

PUBLIC FORUM

 

Resolved:†††††††† (Flack/South)

 

That the following Public Forum be heard:

 

David Ainsworth - Theft and intimidation by juveniles

David Ainsworth spoke making the following points:

 

   Problem at supermarket with theft and intimidation by juveniles

 

Ron Lapin, Store Manager at Foodworks then spoke making the following comments:

   Many attempts made to request police help with poor response

   Police canít help because of the Young Offenders Act

   Police have spoken to young people but this has not made any difference

   Difficult to fill late shifts because staff are frightened

   At night and weekends young people enter store split into 3 groups and steal hundreds of dollars worth of goods every week

   The people have been banned from the store to no effect

   Young people swear when asked to leave

   Problems in CBD with many empty shops

   Town is dying

   Concern with juvenile indigenous people who seem to be immune from the law

   Action needs to be taken

   There may be no choice other than to have a public meeting to discuss the problem

 

Motion:†††† (Flack/Ballangarry)

 

That as a matter of urgency Council instigates a meeting of Council, the Local Police Area Command, the Attorney Generalís Department, key Aboriginal Elders, Aboriginal groups, representatives of the business community as well as any other relevant organisations to discuss options and strategies to address the crime problem in Macksville.† Further an invitation be issued to the Hon. Andrew Stoner MP to attend the meeting.

 

2/13 Resolved:† (Flack/Finlayson)

 

That Ray Rowe from Macksville Caltex be heard as a delegation.

 

Mr Rowe spoke making the following points:

   The group concerned is well known to the Police

   The Police have advised there is nothing they can do.

   The group is brazen in shoplifting.† In front of staff will fill pockets with goods and then threaten staff if they say anything.

   Young children under 15 will come and shoplift and threaten staff at 2.00am

   Police advise they canít take action because they are young offenders.

   The young children donít seem to be at school.

   The young children donít seem to give a damn about the views of Elders.

   The children concerned know there is nothing the Police can do.

   They even encourage the shop assistant to call the Police so they can get a lift home.

 

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

 

3/13 Resolved:† (Finlayson/South)

 

That a delegation comprising the Mayor, interested Councillors, a representative of the three Chambers of Commerce and a victim of the crime referred to seek an urgent meeting with the Minister for Police and the Hon. Andrew Stoner MP.

 

4/13 Resolved:† (Flack/Morrison)

 

That statutory declaration forms be distributed to the Chambers of Commerce and be available at the front counter for victims of crime in Macksville to describe their experiences, the inadequacy of Police responses and that these statutory declarations be collected prior to the delegation to the Minister and be presented to the meeting with the Minister.† Further that Council issue a media release notifying the public of this delegation and the outcomes of the statutory declarations.

 

Note: Cr Morrison requested that his comments concerning the problem also occurring in Nambucca Heads and other centres be recorded in the minutes.

 

 

NOTICE OF MOTION - CR Finlayson

 

ITEM 5.1†††† SF1817††††††††††††† 100713†††† Notice of Motion - Protocol for Site Inspections by Council (SF265- Code of Meeting Practice)

Motion:††† (Finlayson/Morrison)

 

1††††††† That Council inspect any such sites in the absence of the public or persons ďinterestedĒ in that site or project.

 

2††††††† That the matters relating to that site or details of the project should be explained to Councillors by a member of staff from that department of Council that has carriage of the matter under consideration.

 

3††††††† That all Councillors should at least give the impression that they are listening to that explanation, even if they are not.

 

4††††††† That the practice of Council staff or anybody else notifying members of the public or person interested in the matter that the inspection is to take place and inviting their attendance should be discontinued forthwith.

 

5††††††† That any Proponents of projects or members of the public who wish to address Council on the matter should do so by making a reservation as a delegation and addressing the whole Council at a properly constituted public meeting where everyone can apprehend:

 

††††††††† a)†††††† the nature of what is being said

††††††††† b)†††††† the status of the person saying it

 

††††††††† and so have some idea of the material being considered (or ignored) by all Councillors in making a decision.

 

The motion was LOST.

 

 

 

ITEM 10.3†† DA2013/036†††††† 100713†††† DA2013/036 Detached Dual Occupancy

5/13 † RESOLVED: †††††††† (Finlayson/MacDonald)

 

 

1††††††††† That Council Consent to the Development Application DA2013/036 subject to the draft conditions of Consent and of particular significance is the recommended Deferred Commencement Condition, as follows:

 

a†††††††† A revised Flora and Fauna Assessment, from a suitably qualified person, will need to be prepared to assess the consequence(s) of the native vegetation which has already been removed from the site. The clearing has taken place despite the title deeds and associated 88b Instrument specifically prohibiting any clearing within the 20 metre wide strip adjacent to Grassy Head Road and furthermore limiting clearing to within the approved building envelopes, for ancillary driveways and for Bushfire APZs only.

 

The Ecological report will consider any impact(s) of the loss of this vegetation and consider the most appropriate remediation actions to address such impacts. The report will make recommendations on what vegetation to replant as well as for other remediation methods to be undertaken, but will allow for the proposed driveway to cross the 20 metre strip adjacent to Grassy Head Road. The report will be submitted to Council for approval and when approved will be endorsed as forming part of this Consent.

 

2††††††††† That Council approve the variations to user restrictions attached to the deposited plan for this property in relation to:

††† Building outside of the approved building envelope;

††† Clearing within the 20m wide vegetation strip adjacent to Grassy Head Road;

††† The new location for an access to Lot 2.

 

FOR THE MOTION:††††††† Councillors Ballangarry, Finlayson, Flack, Hoban, MacDonald, Morrison, Smyth †††††††††††††††† and South†††††††††††† †††† (Total† 8)

AGAINST THE MOTION: Nil †††††††††††††††††††††††††††††††† (Nil)

 

 

 

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†††† SF938††††††††††††††† 100713†††† Crown Land Lease and Payment of Annual Rent for the Utungun Bush Fire Brigade

6/13 RESOLVED:† (Finlayson/Smyth)

 

 

The Crown Lands Division be advised that in the circumstances Council has no control over the Rural Fire Service, its budget or its service levels and that it take up the matter of a replacement lease for the Utungun bush fire brigade directly with the Rural Fire Service.

 

 

 

ITEM 9.2†††† SF309††††††††††††††† 100713†††† Transfer of Ownership of the Bowraville Folk Museum from Council to the Bowraville Folk Museum Inc.

7/13 RESOLVED:† (Flack/Finlayson)

 

1††††††† Council resolve to support in principle the transfer of the Bowraville Folk Museum to the Bowraville Folk Museum Inc. in accordance with the conditions set down by the Incorporated Association and subject to Council being able to fund any work identified in the dilapidation report.

 

2††††††† Council proceed to arrange for the preparation of a dilapidation report by an external consultant.

 

3††††††† There be a further report to Council on the costs and funding of any work identified in the dilapidation report prior to a final decision being made on the transfer of the property.

 

4††††††† In anticipation of the possible transfer of the Bowraville Folk Museum to the Bowraville Folk Museum Inc., that Council proceed to reclassify the Bowraville Folk Museum from community to operational land.

 

5††††††† In the event that the transfer proceeds, that the Council seal be affixed to the relevant transfer documents.

 

Motion:†††† (Morrison/Finlayson)

 

That it be requested the Folk Museum produces their full financial accounts for the last financial year.

 

Amendment:††††† (Hoban/Flack)

 

That prior to any proposed handover of ownership that Council ensure the Folk Museumís financial accounts are up to date and appropriately reported.

 

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

 

8/13 Resolved:† (Hoban/Flack)

 

That prior to any proposed handover of ownership that Council ensure the Folk Museumís financial accounts are up to date and appropriately reported.

 

 

 

ITEM 9.3†††† SF959††††††††††††††† 100713†††† Outstanding Actions and Reports

9/13 RESOLVED:† (Finlayson/MacDonald)

 

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

 

 

 

ITEM 9.4†††† SF929††††††††††††††† 100713†††† Creation of a Title for the Visitor Information Centre and Classification as Operational Land

Motion:†††† (Finlayson/MacDonald)

 

Council resolve to classify the proposed title containing Councilís Visitor Information Centre as operational land under the NSW Local Government Act 1993.

 

Amendment:††††† (Hoban/South)

 

The Council resolve to classify the proposed title containing Councilís Visitor Information Centre as operational land under the NSW Local Government Act 1993 noting the express wish of Nambucca Valley Tourism for the Visitor Information Centre to remain on its current site.

 

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

 

10/13 Resolved:††††††††† (Hoban/South)

 

The Council resolve to classify the proposed title containing Councilís Visitor Information Centre as operational land under the NSW Local Government Act 1993 noting the express wish of Nambucca Valley Tourism for the Visitor Information Centre to remain on its current site.

 

 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

Resolved:†††††††† (MacDonald/Finlayson)

 

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 12.2†† DA2012/108†††††† 100713†††† Approval of Residential Flat Building, 4 Fraser Street, Nambucca Heads - DA2012/108 - Contention that Councillors have been Misled

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) (e) (g) of the Local Government Act, 1993, on the grounds that the report contains personnel matters concerning particular individuals; AND the report contains information that would, if disclosed, prejudice the maintenance of law; AND 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.

 

 

 

ITEM 12.2†† DA2012/108†††††† 100713†††† Approval of Residential Flat Building, 4 Fraser Street, Nambucca Heads - DA2012/108 - Contention that Councillors have been Misled

11/13 RESOLVED:††††††††† (Finlayson/Morrison)

 

That the Council note the correspondence.

 

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

 

ITEM 12.1†† LF167††††††††††††††† 100713†††† Onsite Sewage Management Systems 5625 Pacific Highway, North 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) (b) of the Local Government Act, 1993, on the grounds that the report contains a discussion in relation to the personal hardship of a resident or ratepayer.

 

 

 

ITEM 12.1†† LF167††††††††††††††† 100713†††† Onsite Sewage Management Systems 5625 Pacific Highway, North Macksville

12/13 RESOLVED:††††††††† (Hoban/South)

 

That Council defer the item to the next Council meeting to provide the owners with an opportunity to investigate other sources of funding.

 

 

 

RESUME IN OPEN MEETING

 

Resolved:†††††††† (South/Finlayson)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 12.00 pm.

 

 

 

Present at Councilís conclusion of inspections at 2.00pm:

Councillors Finlayson, Flack, MacDonald, Morrison, Smyth, South


 

Resolved:†††††††† (Finlayson/Morrison)

 

That Councillor Flack be appointed Acting Chair in absence of the Mayor

 

 

 

ITEM 10.4†† DA2013/043†††††† 100713†††† Variation to Council Policy 'Bushfire Buffers On Public Land' as it relates to DA 2013/043

 

Motion:†††† (Finlayson/Smyth)

 

That Council endorse the variation to Councilís policy Bushfire Buffers On Public Land to permit an ĎAsset Protection Zoneí (bushfire buffer) to be created over a section of Council Road Reserve in Boronia Street, Nambucca Heads in order to facilitate the Development Assessment process as it relates to DA 2013/043.

 

Amendment:††††† (Flack/Smyth)

 

That the item be deferred for an inspection.

 

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

 

13/13 Resolved:††††††††† (Flack/Smyth)

 

That the item be deferred for an inspection.

 

 

 

ITEM 9.5†††† SF841††††††††††††††† 100713†††† Warrell Creek to Nambucca Heads - Pacific Highway Hydrologic Mitigation Report

14/13 ††††††††† RESOLVED:†††††††† (Finlayson/MacDonald)

 

1††††††† That Council note the information presented in this report in regards to the post construction impacts of the proposed Pacific Highway Upgrade from Warrell Creek to Nambucca Heads.

 

2††††††† That Council request the RMS make available reports to fulfil the requirements of condition B13 and any associated conditions of the consent that highlight any flood impacts and mitigation required during the construction phase.

 

3††††††† The Director General of the Department of Planning and Infrastructure be made aware of Councilís request for reporting on the conditions of consent.

 

 

 

Cr MacDonald left the meeting for this item at 2.13pm and returned after the conclusion at 2.38 pm.

 

ITEM 9.6†††† SF844††††††††††††††† 100713†††† Mineral and Salt Concentrations in the Bowraville Off River Water Storage

15/13 RESOLVED:††††††††† (South/Finlayson)

 

That the information concerning mineral and salt concentrations in the Bowraville Off River Water Storage be received.

 

 

 

Cr South left the meeting for this item at 2.38pm and returned after the conclusion at 2.41 pm.

 

ITEM 9.7†††† SF453††††††††††††††† 100713†††† Review of the Cost Effectiveness of the Mixed Waste (red bin) Recovery System - Response from Coffs Harbour City Council

16/13 RESOLVED:††††††††† (Morrison/Finlayson)

 

The information from Coffs Harbour City Council in relation to a review of the cost effectiveness of the biomass processing be noted and that Councillors be notified of the next scheduled meeting and that Council follow up Bellingen Shire Council in relation to this matter.

 

 

 

General Manager Report Ė LATE

 

ITEM 9.8†††† SF764††††††††††††††† 100713†††† Transfer of Leases for the Nambucca Boatshed & Cafe (Watermark)

17/13 RESOLVED:††††††††† (Finlayson/Morrison)

 

That Council consent to the transfer of the leases between the Wi-Bi Group Pty Ltd (the transferor) and Tracey Lee Rintoul and Robert Stewart Rintoul (the transferees) as well as to any deeds of assignment and attach its seal to documents as required.

 

 

 

Assistant General Manager Corporate and Community Services Report

 

ITEM 10.1†† SF1232††††††††††††† 100713†††† Review On-site Sewage Management Plan 2013

18/13 ††††††††† RESOLVED:†††††††† (Finlayson/Smyth)

 

1††††††† That the draft Nambucca Shire Council On-site Sewage Management Plan 2013 be advertised for community consultation for 28 days.

 

2††††††† That local plumbers be provided with a copy of the draft On-site Sewage Management Plan †††† and be invited to make comment.

 

3††††††† That following the exhibition period, a further report be presented to Council for adoption of the Management Plan.

 

 

 

ITEM 10.2†† DA2012/010†††††† 100713†††† Re-reporting Modification to DA2012/010

19/13 ††††††††† RESOLVED: ††††††† (South/Smyth)

 

1††††††† The applicant be advised that the proposed car park is non-compliant and that a possible remedy would to be reducing the depth of Lot 14 by way of a boundary adjustment.† This will require the current application to be amended.

 

2††††††† If a revised application is submitted indicating a car park with 21 accessible parking spaces †††† then the application be determined under delegated authority with the conditions being ††† generally those attached to this report.

 

3††††††† If, within a reasonable period, the applicant is not forthcoming with any changes to the †††††† application to make the car park compliant, a determination by way of refusal be issued †††††††† under delegated authority.

 

FOR THE MOTION:††††††† ††††††††† Councillors Finlayson, Flack MacDonald, Morrison, Smyth and South

††††††††††††††††††††††††††††††††††††† ††††††††† (Total 6)

AGAINST THE MOTION: ††††††††† Nil

 

 

Item 10.3 was dealt with earlier in the meeting.

 

 

 

Item 10.4 was dealt with earlier in the meeting.

 

 

 

ITEM 10.5†† SF278††††††††††††††† 100713†††† Nambucca Valley Youth Services Centre

20/13 ††††††††† RESOLVED:†††††††† (South/MacDonald)

 

That Council note the information

 

 

 

ITEM 10.6†† SF1823††††††††††††† 100713†††† Outstanding DA's greater than 12 months, applications where submissions received not determined to 4-30† June 2013

21/13 RESOLVED:††††††††† (Finlayson/South)

 

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

 

 

 

ITEM 10.7†† SF251††††††††††††††† 100713†††† Schedule of Council Public Meetings

22/13 RESOLVED:††††††††† (Smyth/South)

 

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

 

 

 

ITEM 10.8†† SF1771††††††††††††† 100713†††† Investment Report To 30 June† 2013

23/13 ††††††††† RESOLVED: (MacDonald/Morrison)

 

That the Accountantsí Report on Investments placed to 30 June 2013 be noted.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1†† SF1092††††††††††††† 100713†††† Final Plan of Management - Gordon Park Recreational Area - Playing Fields - Wellington Drive Nambucca Heads

24/13 RESOLVED:††††††††† (Finlayson/Morrison)

 

1††††††† That Council endorse the Plan of Management Ė Gordon Park Recreational Area Ė Playing Fields comprising Lots 7009 and 7010 DP 1054529, Lot 701 DP 1055530 Lot 2 DP 721291 and Lot 4 DP 721291 Wellington Drive, Nambucca Heads.

 

2††††††† That Council write to the Gordon Park Rainforest Walk Committee thanking them for their assistance in the development of the initial draft and their further comments provided on the draft Plan of Management.

 

 

 

ITEM 11.2†† SF1092††††††††††††† 100713†††† Final Plan of Management - Gordon Park Rainforest Wellington Drive Nambucca Heads

25/13 RESOLVED:††††††††† (Finlayson/Smyth)

 

1††††††† That Council endorse the Plan of Management for Gordon Park Rainforest being Part Lot 8 DP 831156 Wellington Drive, Nambucca Heads.

 

2††††††† That Council endorse the change of the Committeeís name from Gordon Park Rainforest Walk Committee of Management to ďGordon Park Rainforest Committee of ManagementĒ and the Committee be advised of the resolution reflecting the change in name of the Committee.

 

3††††††† That Council write to the Gordon Park Rainforest Walk Committee thanking them for their assistance in the development of the initial draft and their further comment provided on the draft Plan of Management.

 

 

 

ITEM 11.3†† SF1092††††††††††††† 100713†††† Final Plan of Management - Lions Park Ferry Street Macksville

26/13 RESOLVED:††††††††† (MacDonald/Finlayson)

 

1††††††† That Council endorse the Plan of Management for Lions Park - Ferry Street, being PART Lot 160/161 DP 187473, Ferry Street, Macksville.

 

2††††††† That Council write to the Macksville & District Chamber of Commerce & Industry, Macksville Lions Club and the Nambucca River Users Group thanking them for their assistance in the development of the draft Plan of Management.

 

 

 

ITEM 11.4†† SF1092††††††††††††† 100713†††† Final Policy - Vehicular Access To Beaches

27/13 RESOLVED:††††††††† (Finlayson/MacDonald)

 

That Council endorse the Policy Ė Vehicular Access to Beaches (4331/2013) thereby replacing the following policies:

 

††† Beaches Ė Permit Beach Access Permits (3988/2006);

††† Code of Conduct for Professional Fishers (3984/2006); and

††† Access of Vehicles to Councilís Beaches (893/2010).

 

 

 

ITEM 11.5†† SF984††††††††††††††† 100713†††† Tender for Supply & Delivery of Hygienic Services

28/13 RESOLVED:††††††††† (Finlayson/South)

 

That Council accept the tender submitted by Rentokil (Pink Hygiene Solutions) being T381213MNC for the supply and delivery of Hygienic Services for a period of 2 years commencing 1 July 2013 and terminating on 30 June 2015.

 

 

 

ITEM 11.6†† SF1481††††††††††††† 100713†††† Access to White Albatross Caravan Park and the V-Wall Tavern

29/13 RESOLVED:††††††††† (South/Finlayson)

 

1††† That Council in its capacity as Trust Manager for Reserve No.81262 (Nambucca Heads Public Recreation Reserve Trust) agree to divest itself of part of the reserve land for public road, giving legal access to the White Albatross Caravan Park and the V-Wall Tavern (Lots 519 and 520 DP 859627).

 

2††† That Council, upon gazettal of the public road dedication, being an extension of Wellington Drive, take over care, control and maintenance of said road.

 

3††† That Council approve the re-definition of the boundaries of Wellington Drive adjacent to Lot 7067 DP 1113434 (Part Reserve 81262) pursuant to Clause 18-21 of the Roads Act 1993, and as shown on the plan herewith.

 

4††† That Council include the dedicated road portion within Councilís Road Asset register once gazetted.

 

 

 

ITEM 11.7†† SF565††††††††††††††† 100713†††† Application for Temporary Road Closure - Ford Falcon GT Show N Shine 2013

30/13 RESOLVED:††††††††† (Smyth/Morrison)

 

1††††††† That Council approve the road closure for the Falcon GT Show N Shine event subject to the following documentation being received by Council:

 

††††††††† Certificate of Currency for Public Liability Insurance;

††††††††† Traffic Management Plan confirming Accredited Traffic Controllers will be on site, and

††††††††† Police approval for the road closure.

 

2††††††† That following the receipt of the appropriate documents Council advertise the road closure seven (7) days prior to the event as follows:

 

††††††††† Event:†††††††† Ford GT Show N Shine

††††††††† Date:†††††††††† 26 October 2013

††††††††† Street:††††††† Bowra Street, Nambucca Heads between Rosedale and Ridge Streets

††††††††† Time:††††††††† 8.00am and 12.30pm.

 

††

 

 

 

 

CLOSURE

 

There being no further business the Chair then closed the meeting the time being 3.00pm.†

 

Confirmed and signed by the Mayor on 25 July 2013.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)