The following document is the minutes of the Council meeting held on 25 July 2013.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 14 August 2013 and therefore subject to change.  Please refer to the minutes of 14 August 2013 for confirmation.

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Brian Finlayson (arrived 5.55 pm)

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)

Monika Schuhmacher (Minute Secretary)

 

 

APOLOGIES

 

Cr Paula Flack

 

 

PRAYER

 

Pastor Jon Ventham, from the C3 Church, offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor K MacDonald declared a non-pecuniary significant conflict of interest in Item 11.2 Nambucca District Water Supply Steering Committee Meeting – 3 July 2013 - Record of Discussion under the Local Government Act as Cr MacDonald’s employer has the contract for fuel to the Dam contractors..  Cr MacDonald left the meeting for this Item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting - 10 July 2013

 

1/13 RESOLVED:  (Ballangarry/South)

 

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

 

 

 

NOTICE OF MOTION

 

5.1 - Cr. Martin Ballangarry - Notice of Motion - Leave of Absence - 26 July to 9 August 2013 (SF352) (Ref SF1817)

 

2/13   RESOLVED           (Ballangarry/Morrison)

 

That Cr Martin Ballangarry OAM be granted leave of absence for the period 26 July to 9 August 2013 inclusive in accordance with Section 234(d) of the Local Government Act.

 

 

 

 

PUBLIC FORUM/DELEGATIONS

 

3/13 Resolved(Ainsworth/MacDonald)

 

That the following Public Forum and Delegation be heard:

 

Mr Peter Bateman on behalf of Mr Eric Webber - Inundation of Property

Mr Bateman did not attend the meeting.

 

Mr James Parker from Jetty Research – Item 10.1 – Community Satisfaction Survey

 

DELEGATION

 

Mr Parker spoke to a PowerPoint presentation.

 

 

ITEM 10.1    SF1845              250713      Community Satisfaction Survey 2013

4/13 RESOLVED:  (South/Ballangarry)

 

That the input from the 400 residents who participated in the survey be formally acknowledged and that the survey results be placed on Council’s website and that Mr Parker be thanked for his presentation.

 

 

 

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      SF42                  250713      Local Government Amendment (Early Intervention) Act 2013

5/13 RESOLVED:  (Ainsworth/South)

 

Council note the information concerning the commencement of the Local Government Amendment (Early Intervention) Act 2013.

 

 

 

ITEM 9.2      RF275                250713      Bowraville to Bellingen Road

6/13 RESOLVED:  (Ainsworth/Smyth)

 

That Council request that the Roads and Maritime Services consider providing Natural Disaster funding for the provision of a bicycle/walking/horse riding/tourist trail in lieu of reinstating the road.

 

 


 

ITEM 9.3      SF979                250713      Establishment of an Incorporated Identity for the Mid North Coast Regional Organisation of Councils (MIDROC)

7/13 RESOLVED:  (South/Finlayson)

 

1       That Council agrees to the formation of a corporation(s) to provide regional based services and lobbying on behalf of Nambucca Shire Council as part of the Mid North Coast Region.

 

2       That the Mayor and General Manager work with MIDROC councils to develop a constitution that ensures the local councils retain the authority to determine services and service levels and which provide fair and equitable treatment of all members of the corporation.

 

 

 

ITEM 9.4      SF25                  250713      Macksville War Memorial Project - Request for Donation for Development Application Fee (DA2013/090)

8/13 RESOLVED:  (South/Ainsworth)

 

1        That subject to the confirmation of a grant that Council donate the amount of $2,330.20 being the amount equivalent of the development application fee to the RSL Macksville Sub Branch for the construction of a community War Memorial in Macksville

 

2        That a Memorandum of Understanding be prepared to indicate that the RSL Club is to be responsible for the maintenance of the Memorial.

 

 

 

ITEM 9.5      SF1855              250713      Macksville Town Centre Revitalisation - Streetscape Improvements

9/13 RESOLVED:  (Smyth/MacDonald)

 

1        That Council exhibit the draft streetscape improvement plans for a minimum period of 30 days.

 

2        That Council exhibit the Observations and Opportunities report as supplementary material to the Streetscape Improvement Plans.

 

 

ITEM 9.6      SF1859              250713      Planning Proposal - Reclassification of 11 Kent Street Nambucca Heads from Community Land to Operational Land

10/13 RESOLVED: (Finlayson/Smyth)

 

1        That pursuant to Clause 59 of the Environmental Planning and Assessment Act 1979 the Planning Proposal (LEP amendment no 13), associated documents and submissions be forwarded to Department of Planning and Infrastructure requesting that they seek the making of the Plan by the Minister.

 

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

 

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

 

 

ITEM 9.7      SF959                250713      Outstanding Actions and Reports

11/13 RESOLVED: (Ainsworth/MacDonald)

 

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

 

 

ITEM 9.8      SF979                250713      Mid North Coast Regional Organisation of Councils (MIDROC) - Strategic Plan 2013-2017

12/13 RESOLVED: (Ainsworth/Ballangarry)

 

That the Mid North Coast Regional Organisation of Councils Strategic Plan 2013 – 2017 be noted.

 

 

 

Assistant General Manager Corporate and Community Services Report

 

 

 

 

Item 10.1 was dealt with under Delegations.

 

 

 

ITEM 10.2    SF36                  250713      Model Code of Conduct 2013

13/13 RESOLVED: (Smyth/South)

 

That the information report be received and noted.

 

 

 

ITEM 10.3    SF1148              250713      Contract Regulatory Officer's Report June 2013

14/13 RESOLVED: (Smyth/Finlayson)

 

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

 

 

 

ITEM 10.4    SF1823              250713      Outstanding DA's greater than 12 months, applications where submissions received not determined to 1-12 July 2013

15/13 RESOLVED: (Smyth/Finlayson)

 

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

 

 

 

ITEM 10.5    SF1823              250713      Applications and Statistical Reports 2012-2013 - June 2013

16/13 RESOLVED: (Smyth/MacDonald)

 

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 10.6    SF251                250713      Schedule of Council Public Meetings

17/13 RESOLVED: (Ainsworth/South)

 

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

 

 

 

Assistant General Manager Corporate and Community Services Report – LATE

 

ITEM 10.7    SF1031              250713      Review Of Local Approval Policies

18/13 RESOLVED: (Ainsworth/Ballangarry)

 

1        That the Draft Local Approval Policy - Stormwater Drainage from Buildings, Structures and Disposal of Waste Water from Swimming and Spa Pools on large rural properties in excess of 20Ha in area, be exhibited for 28 days and that Council receive comments for 42 days from the commencement of the advertising period (in accordance with Section 160 of the NSW Local Government Act).

 

2        That the Draft Local Approval Policy - Keeping of Animals, be exhibited for 28 days and that Council receive comments for 42 days from the commencement of the advertising period (in accordance with Section 160 of the NSW Local Government Act).

 

3        That the Draft Local Approval Policy – Use of Road Reserves and Public Land for A-Frame Signs, Outdoor Dining Areas, Trading Tables, Street Vending and Other Structures by Commercial Premises, and Community and Charitable Organisations (2009/2010), be exhibited for 28 days and that Council receive comments for 42 days from the commencement of the advertising period (in accordance with Section 160 of the NSW Local Government Act).

 

4        That a further report be prepared for Council Meeting, to be held on 13 September 2013, to consider the adoption of the policies following the expiration date for the receipt of submissions, noting that the Director General’s consent must be received with respect to that part of the Local Approvals Policy (Part 1) that deals with exemptions from the need to obtain Council approval, prior to adoption by the Council.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    RF317                250713      Closure of part of Graces Road Argents Hill and sale to adjoining owner

19/13 RESOLVED: (Ainsworth/Finlayson)

 

That Council agree to the closure and sale of that part of Graces Road being approximately 8700 madjacent to Lot 452 in DP 786126 as shown on the attached plan of the report to Lofobo Pty Ltd provided that:

 

a     Lofobo Pty Ltd pay to Council the amount of $1,000 for the value of the land;

b     Lofobo Pty Ltd pay all administrative costs associated with the closure and sale including (but not limited by) survey and legal costs, Crown Lands and Council fees; and

c     After the road closure has been finalised, Lofobo Pty Ltd consolidate the title of the closed road and the adjoining lot into one

d     Council affix the Council seal to the appropriate legal documentation.

e     Council amend its Asset Road Register once all transfers have been finalised.

 

 


Cr MacDonald left the meeting for this Item at 7.06 pm and returned at the conclusion of the Item at 7.10 pm.

 

ITEM 11.2    SF844                250713      Nambucca District Water Supply Steering Committee Meeting – 3 July 2013 - Record of Discussion

20/13 RESOLVED: (Ainsworth/Ballangarry)

 

That Council adopt the minutes of the record of discussion of the Water and Sewerage Steering Committee Meeting held on 3 July 2013.

 

 

ITEM 11.3    SF90                  250713      Nambucca Shire Traffic Committee Meeting Minutes - 3 July 2013

21/13 RESOLVED: (Ainsworth/MacDonald)

 

That Council:

1        Receive and note the minutes of the Nambucca Shire Traffic Committee held on the 3 July 2013.

 

2        Endorse the temporary road closure on Mann Street and Bowra Street on the 29 September 2013 between 8.00am and 12.30pm for the DRAG-ENS Hot Rod Club annual Hot Rod display noting that the required documentation has been provided to Council.

 

3        Recommend that the Local Traffic Committee carry out further consultations with the organisers of the Nambucca River Festival regarding the temporary road closure of River Street, Macksville, between the periods of 30 November to the 1 December 2013 during the hours of 8.00am to 3.00pm for the Nambucca River Festival.

 

4        Staff consult with residents in the immediate vicinity of any vertical traffic calming measures along Willis Street as these installations may result in increased traffic noise levels due to braking and vertical displacement of vehicles and on board materials.

 

5        Allocate an amount of $3,000 from Council’s working funds to install speed cushions with line marking guidance and warning signs to reduce vehicular speeds through Willis Street Macksville and the adjacent netball courts and sports fields.

 

6        Write to Busways requesting written confirmation that the bus zone outside the Nambucca Heads Entertainment Centre is not required between the hours of 6.00 pm and 6.00 am.

 

7        Upon written confirmation from Busways that they concur with the changes to the hours, Council modify the parking arrangements outside the Nambucca Heads Entertainment Centre to allow parking in the bus zone between the hours of 6.00 pm to 6.00 am and to change the parking signs accordingly.

 

8        Write to Roads and Maritime Services requesting a contribution towards the installation of the pedestrian refuge on Bellwood road Nambucca Heads as it has been identified as being required by Roads and Maritime Services during their Road Safety Assessments of Aboriginal Communities 2009.

 

9        Defer the following until an onsite inspection can be carried out and it be considered at the September budget review:

          In the event funding is not forthcoming from the Roads and Maritime Services, Council install a pedestrian refuge island on Bellwood Road Nambucca Heads at a cost of approximately $25,000 funded through Council’s working fund and or Section 94a contributions or Roads and Maritime Services.

         

10      Amend the plan showing the pedestrian refuge in Bellwood Road at a location closer to the entry of McDonald’s restaurant as a majority of pedestrians crossing manoeuvres occur at this location and advise the Access Committee of the change.

 

Assistant General Manager Engineering Services Report – LATE

 

ITEM 11.4    SF718                250713      Request for donation of funds towards the transport of the Life Education Van to schools in the Nambucca Valley

22/13 RESOLVED: (Hoban/Ballangarry)

 

1        That Council provide an allocation of $1,800 from Council working funds and withhold the $1,000 cash donation already approved, and combine these amounts to the transport of the Life Education Van across the Nambucca Valley Schools for the 2013/14 program.

 

2        That Council advise Life Education that an annual application is now required to be submitted in accordance with Council’s donations policy for consideration of funding for the transport of the Life Education Van.

 

     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

23/13 Resolved: (Ainsworth/South)

 

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    LF167                 250713      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.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    LF2051               250713      Unauthorised Earthworks - Information Report

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) (e) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, prejudice the maintenance of law.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.27 pm.

 

 


FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    LF167                 250713      Onsite Sewage Management Systems 5625 Pacific Highway, North Macksville

24/13 RESOLVED: (Smyth/Ballangarry)

 

That Council decline the request for financial assistance and provide a further 4 month period to install the approved on-site sewage management system, failing which appropriate legal action be undertaken.

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    LF2051               250713      Unauthorised Earthworks - Information Report

25/13 RESOLVED: (Ballangarry/Smyth)

 

That the information report be received and noted.

 

 

 

RESUME IN OPEN MEETING

 

26/13 Resolved: (South/Ainsworth)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 7.33 pm.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.33 pm.

 

Confirmed and signed by the Mayor on 14 August 2013.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)