The following document is the minutes of the Council meeting held on 16 October 2013.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 31 October 2013 and therefore subject to change.  Please refer to the minutes of 31 October 2013 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Elaine South

Cr Brian Finlayson

Cr Paula Flack

Cr Kim MacDonald

Cr Anne Smyth

 

 

 

APOLOGIES

 

Cr Bob Morrison ~ on approved leave.

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

 

 

 

DISCLOSURE OF INTEREST

 

Councillor R Hoban declared a non-pecuniary significant conflict of interest in Item 5.2 – Notice of Motion – Valla Quarry Compliance with Consent Conditions under the Local Government Act as Cr Hoban was involved in negotiating the consent conditions on this development in the Land and Environment Court prior to becoming a Councillor.  Cr Hoban left the meeting for this item.

 

Councillor JA Ainsworth declared a non-pecuniary significant conflict of interest in Item 9.11 Boulton’s Crossing (Gumma Reserve) under the Local Government Act as Cr Ainsworth is a Board member of the South Beach National Park.  Cr Ainsworth left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 26 September 2013

 

1/13 RESOLVED: (South/Smyth)

 

That the minutes of the Ordinary Council Meeting of 26 September 2013 be confirmed.

 

 

 

NOTICE OF MOTION - CR Hoban

 

ITEM 5.1     SF1817              161013     Notice of Motion - Change to XPT Train Service Timetable (SF92)

2/13 RESOLVED: (Hoban/Flack)

 

That Council write to Transport NSW and the Hon Andrew Stoner MP requesting the reinstatement of the Nambucca Heads stop of the 2.41 pm Sydney to Brisbane XPT train.

 

 

 

Mayor Hoban declared a significant conflict of interest and left the meeting for the item at time 8.35 am and returned after the conclusion of the item at 9.20 am.

 

NOTICE OF MOTION - CR MacDonald

 

ITEM 5.2     SF1817              161013     Notice of Motion - Valla Quarry Compliance with Consent Conditions (SF1431)

Motion:    (Finlayson/South)

 

1        That Council stops purchasing product from Valla Quarry until the development application seeking modification has been determined or until the date of commencement of the consent of the “New Accounting Year” has been agreed to.

 

2        That the proprietors of the Quarry be issued with “Show Cause” Notice to demonstrate why they should not be fined for breach of consent provisions in respect of quantities extracted.

 

Amendment:      (MacDonald/South)

 

That the matter be deferred until Council receives advice as to what the accounting year is and has been agreed to by stakeholders.

 

For the motion:               Councillors MacDonald and South                         (Total 2)

Against the motion:         Councillors Flack, Smyth, Finlayson, Ainsworth    (Total 4)

 

The amendment was LOST.

 

Further Amendment:       (Flack/Smyth)

 

1        That Council stops purchasing product from Valla Quarry until the accounting year has been determined and Councillors receive advice as to how Council will manage compliance on a on-going basis and this be reported to the next Council meeting.

 

2        That the proprietors of the Quarry be issues with “Show Cause” Notice to demonstrate why they should not be fined for breach of consent provisions in respect of the quantities extracted.

 

For the motion:               Councillors Flack, Smyth, Finlayson, Ainsworth, MacDonald, South         (Total 6)

Against the motion:         Nil

 

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

 

3/13 Resolved: (Flack/Smyth)

 

1        That Council stops purchasing product from Valla Quarry until the accounting year has been determined and Councillors receive advice as to how Council will manage compliance on a on-going basis and this be reported to the next Council meeting.

 

2        That the proprietors of the Quarry be issues with “Show Cause” Notice to demonstrate why they should not be fined for breach of consent provisions in respect of the quantities extracted.

 

For the motion:               Councillors Flack, Smyth, Finlayson, Ainsworth, MacDonald, South         (Total 6)

Against the motion:         Nil

 

4/13 Resolved: (MacDonald/South)

 

That Council receive a report on the cost to Council of buying gravel from another quarry and not using Valla Quarry over the coming 12 months.

 

 

 

NOTICE OF MOTION - CR Finlayson

 

ITEM 5.3     SF1817              161013     Notice of Motion - Request for Leave 31 October 2013 to 15 November 2013 - Cr Brian Finlayson (SF1226)

5/13 RESOLVED: (Finlayson/MacDonald)

 

That Cr Brian Finlayson be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 31 October 2013 to 15 November 2013 inclusive.

 

  

 

DELEGATIONS

 

Council left the Chambers for an onsite inspection at 9.20 am.

 

RECOMMENDATION:

 

That the following delegations be heard:

 

ITEM 9.7     DA2013/57 - Demolition of existing building - dual occupancy - subdivision

 

i)           Mr Robert Fletcher - objector

ii)          Mrs Lyn Fletcher - objector

iii)             Mr Ron Hawkins – applicant

iv)              Mr Martin Clark - owner

 

i)   Mr Robert Fletcher addressed Council making the following points:

·   Not against the development as such

·   Against orientation of house 1

·   We will have no view left of the beach at all

·   There are rules on the eastern side of Matthew Street restricting height to 6.5m.  Upset that this rule does not apply to this site as the situation is the same

·   Only 2 options are listed in the report – approve or not approve.  The design should be changed.

·   Don’t expect to retain all views but expect to retain some

·   No attempt at view sharing

·   Loss of view is devastating

·   Object to description of view as passive

·   Don’t have deck on south side because of weather

·   Concerned about demolition and potential for asbestos

·   Concerned about process

·   Councillors did not receive first objection from May – the objection was hand delivered.

 

The Mayor explained that Councillors would not normally respond to objections because they cannot prejudge.

 

ii) Mrs Lyn Fletcher addressed Council making the following points:

·   Doesn’t comply with DCP

·   Doesn’t allow for view sharing

·   Doesn’t  comply with objectives to optimise view sharing

·   Concerned about loss of property values

·   Not convinced the setbacks are correct

·   Should be a setback of 3 metres from a public reserve – quoted from NSW Housing Code for Complying Development

·   Queried additional stormwater

·   Queried adequacy of off street parking, particularly during holiday periods

·   Quoted SEPP 71 – Council must refuse development applications which result in effluent or stormwater discharging directly onto the Reserve

·   Concerned about setbacks to the Reserve.

 

The Mayor advised of outcome of previous appeal in Matthew Street.

 

i)   Mr Martin Clark addressed Council making the following points:

·   The application has not been rushed

·   Been coming to site for 40 years

·   Have not gone to maximum height

·   Have considered concerns of neighbours

 

ii) Mr Ron Hawkins addressed Council making the following points:

·   Commenced discussions with Ben Oliver in 2010

·   Dual occupancy proposed because it will fund development

·   Impossible to switch access to other side of block

·   Also concerned about views of neighbour above in Waratah Street.

 

Council returned to the Chambers at 11.04 am.

 

ITEM 9.7     DA2013/057       161013     DA2013/57 - Demolition of existing building - dual occupancy - subdivision

6/13 RESOLVED: (Ainsworth/South)

 

That this matter be deferred to a later time in the meeting.

 

7/13 Resolved: (Ainsworth/Smyth)

 

That Development Consent be granted for the proposal subject to conditions as per Attachment 1 (TRIM No. 25007/2013).

 

For the motion:               Councillors Flack, Smyth, Hoban, South, MacDonald, Ainsworth                 (Total 6)

Against the motion:         Councillor Finlayson                                                                         (Total 1)

 

 

 

ASKING OF QUESTIONS WITH NOTICE

 

There were no Questions with Notice.

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

There were no Questions for Closed Meeting where due Notice has been received.

 

 

 

General Manager Report

 

ITEM 9.1     SF959                161013     Outstanding Actions and Reports

8/13 RESOLVED: (MacDonald/Smyth)

 

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

 

 

General Manager Report – LATE

 

ITEM 9.2     SF355                161013     Tabling of Returns Disclosing Interests of Councillors and Designated Persons - October 2013

9/13 RESOLVED: (Ainsworth/South)

 

That the returns disclosing interests of Councillors and designated persons, for the period ended 30 June 2013, be tabled.

 

 

ITEM 9.2.5  DA2012/011       161013     Status of DA2012/011 - Proposed 346 Lot Residential Subdivision - Alexandra Drive, Bellwood

Motion:    (Flack/Smyth)

 

That the information concerning the status of DA2012/011 and the briefing of the Joint Regional Planning Panel on Friday 18 October 2013 be received and that a further report come to Council on the outcome of the Panel’s briefing and that Council not support the Link Road.

 

Amendment:      (Ainsworth/Finlayson)

 

That the information concerning the status of DA2012/011 and the briefing of the Joint Regional Planning Panel on Friday 18 October 2013 be received and that a further report come to Council on the outcome of the Panel’s briefing.

 

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

 

10/13 Resolved:         (Ainsworth/Finlayson)

 

That the information concerning the status of DA2012/011 and the briefing of the Joint Regional Planning Panel on Friday 18 October 2013 be received and that a further report come to Council on the outcome of the Panel’s briefing.

 

For the motion:               Councillors Flack, Smyth, Hoban, Finlayson, Ainsworth, MacDonald, and

                                      South                             (Total 7)

Against the motion:         Nil

 

11/13 Resolved:         (Ainsworth/Finlayson)

 

That Council make a submission to the JRPP whereby if the Link Road is required by the development that all costs concerning the Road be paid for by the developer.

 

For the motion:               Councillors Flack, Smyth, Hoban, Finlayson, Ainsworth, MacDonald, and

                                      South                             (Total 7)

Against the motion:         Nil

 

NOTE:        Cr Flack request it be noted that even though she supported the motion she opposes the construction of the Link Road.

 

 

 

ITEM 9.3     SF15                  161013     Completion of Macksville Saleyards Upgrade

12/13 RESOLVED:         (South/MacDonald)

 

1        Council note the finalisation of the upgrade of the Macksville Saleyards to a state where it is “fit for purpose” at a cost of $120,000 compared to the initial estimates of $800,000.

 

2        That the Nambucca River District Agricultural Association and Council’s Manager Business    Development be formally thanked for their work in implementing the upgrade of the          Macksville Saleyards.

 

 

 

ITEM 9.4     SF271                161013     Council Meeting Arrangements

13/13 RESOLVED:         (Finlayson/Ainsworth)

 

That Council advertise a proposed change to its Code of Meeting Practice to provide for two Council meetings per month being at 5.30pm on the last Thursday of the month and 5.30pm on the Thursday two weeks before that with inspections to be scheduled immediately prior to either meeting.

 

 

 

ITEM 9.5     SF1232              161013     Adoption of On Site Sewage Management Plan 2013

14/13 RESOLVED:         (Flack/Smyth)

 

That the draft revised On Site Sewage Management Plan 2013 be adopted

 

 

 

ITEM 9.6     SF1822              161013     Minutes of the Access Committee meeting held 24 September 2013

15/13 RESOLVED:         (Ainsworth/Smyth)

 

1          That the matters raised by Nambucca River Combined Probus be referred to the Traffic Committee for consideration. 

 

2          That any monitoring of traffic and pedestrian movements in Riverside Drive at the pedestrian refuge near Riverside Gardens take into account the variable volumes of people and vehicles according to peak and off-peak seasons.

 

3          That the remaining minutes of the Nambucca Shire Council Access Committee meeting held 24 September 2013 be endorsed.

 

 

 

Item 9.7 was dealt with under Delegations

 

 

 

ITEM 9.8     SF1823              161013     Outstanding DA's greater than 12 months, applications where submissions received not determined to 16 September to 4 October 2013

16/13 RESOLVED:         (Ainsworth/Smyth)

 

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

 

 

 

ITEM 9.9     SF1148              161013     Contract Regulatory Officer's Report September 2013

17/13 RESOLVED:         (Flack/MacDonald)

 

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

 

 

 

ITEM 9.10   DA2012/109       161013     DA2006/056, DA2006/092 & 2008/242 - Voluntary Planning Agreement - Upper Warrell Creek Intersection Ryeline Pty Ltd

Motion:    (Ainsworth/MacDonald)

 

1        That Council note the Terms offered by Ryeline Pty Ltd relating to the Voluntary Planning Agreement for a contribution towards the construction of the intersection to Upper Warrell creek Rd in conjunction with DA’s 2006/056, 2006/092 & 2008/242.

 

2        That Council proceed to prepare a Voluntary Planning agreement in the terms offered by the Ryeline Pty Ltd and that Council advertise and exhibit the Terms of the Voluntary Planning Agreement for the construction of the Upper Warrell Creek Intersection all in accordance with the requirements of the Environmental Planning and Assessment Act.

 

3        That the Mayor and General Manager be authorised to finalise the Agreement following the exhibition period (in accordance with the Terms and Conditions as offered by Ryeline Pty Ltd, including the affixing of Council’s Seal and subsequent registration.

 

Amendment:      (Finlayson/Flack)

 

That the matter be deferred to later in the Council meeting.

 

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

 

18/13 Resolved:         (Finlayson/Flack)

 

That the matter be deferred to later in the Council meeting.

 

19/13 Resolved:         (Ainsworth/Finlayson)

 

1        That Council note the Terms offered by Ryeline Pty Ltd relating to the Voluntary Planning Agreement for a contribution towards the construction of the intersection to Upper Warrell creek Rd in conjunction with DA’s 2006/056, 2006/092 & 2008/242.

 

2        That Council proceed to prepare a Voluntary Planning agreement in the terms offered by the Ryeline Pty Ltd and that Council advertise and exhibit the Terms of the Voluntary Planning Agreement for the construction of the Upper Warrell Creek Intersection all in accordance with the requirements of the Environmental Planning and Assessment Act.

 

3        That the Mayor and General Manager be authorised to finalise the Agreement following the exhibition period (in accordance with the Terms and Conditions as offered by Ryeline Pty Ltd, including the affixing of Council’s Seal and subsequent registration.

 

For the motion:               Councillors Flack, Smyth, Hoban, Finlayson, Ainsworth, MacDonald and

                                      South                    (Total 7)

Against the motion:         Nil

 

 

 

Councillors Ainsworth and Finlayson declared a significant conflict and left the meeting for this Item at 12.09 pm and returned after the conclusion of this item at 12.10 pm.

 

ITEM 9.11   SF1823              161013     Boulton's Crossing (Gumma Reserve)

20/13 RESOLVED          (Flack/South)

 

The matter be deferred for a site inspection.

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1   SF1875              161013     Investment Report To 30 September 2013

21/13 RESOLVED:         (MacDonald/Finlayson)

 

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

 

 

 

ITEM 10.2   SF395                161013     Loans Program 2013/2014

22/13 RESOLVED:         (MacDonald/Finlayson)

 

That Council consider the offers from the seven financial institutions as a late item in closed.

 

 

 

ITEM 10.3   SF251                161013     Schedule of Council Public Meetings

23/13 RESOLVED:         (Flack/South)

 

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

 

 

 

ITEM 10.4   SF345                161013     Welsh Pioneer Park Committee of Management - Annual General Meeting - 28 August 2013 - Minutes

24/13 RESOLVED:         (Flack/Finlayson)

 

That Council endorse the minutes of the Committee of Management for the Welsh Pioneer Park’s Annual General Meeting which was held on Wednesday 28 August 2013 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1   SF1911              161013     Tender for the supply of SRC & FRC Pipes and associated fittings (T151314MNC)

25/13 RESOLVED:         (Finlayson/Ainsworth)

 

1        That Council accept Holcim (Australia) Pty Ltd T/As Humes as the single source supplier of SRC (Steel Reinforced Concrete) Pipes and Associated Products at the tendered unit rates for the period 1 October 2013 to 30 September 2015 and that a provision be allowed for a 12 month extension based on satisfactory supplier performance which may take this contract through to 30 September 2016.

 

2        That Council accept James Hardie Australia Pty Ltd as the single source supplier of FRC (Fibre Reinforced Concrete) Pipes & Associated Products at the tendered unit rates for the period 1 October 2013 to 30 September 2015 and that a provision be allowed for a 12 month extension based on satisfactory supplier performance which may take this contract through to 30 September 2016.

 

 

 

ITEM 11.2   T006/2013          161013     T006/2013 - Tender Surf Life Saving Services

26/13 RESOLVED:         (Flack/Finlayson)

 

1        That Council award tender T006/2013 to Surf Life Saving Services Pty Ltd trading as Australian Lifeguard Services for the provision of surf lifesaving services on the Nambucca Valley Beaches for a 5 year period commencing 1 December 2013 and terminating on 31 January 2018.

 

2        That Council approve a variation of $1100 to the 2013/2014 budget funded through either the Section 94 Surf Life Saving Plan or from general funds and the variation be reported at the September budget review.

 

3        That Council not proceed with Schedule 2 (Provisional) within the tender for additional services for extended hours and across the Easter holiday periods due to budget constraints.

 

 

ITEM 11.3   SF90                  161013     Nambucca Shire Traffic Committee Meeting Minutes - 8 October 2013

27/13 RESOLVED:         (Ainsworth/Finlayson)

 

That Council:

 

1        Receive and note the minutes of the Nambucca Shire Traffic Committee held on the 8 October 2013.

 

2        Notify the Nambucca Heads and Valla Chamber of Commerce the existing disabled parking bay in Kent Street Nambucca Heads is considered suitable to cater for passengers of disabled vehicles with lifts and rear access and further, advise the loading zone in Bowra Street can also be utilised by taxis for this purpose.

 

3        Install KEEP CLEAR road markings on Boundary Street Macksville outside the entry to Mid Coast Motor Inn to maintain clear access for cars and buses and to reduce the potential for queuing and blockage across the intersection with the Pacific Highway.

 

4        (a)     install three sets of speed humps and warning signage along Valla Beach Road from Thomson Street to the Car Park at South Valla Beach at an approximate cost of $4,000.

 

                   (b)     install two sets of speed humps along Newry Street (South) at an approximate cost of $2,200 after consultation with neighbouring properties.

 

         (c)     the installation cost of the speed bumps in (a) and (b) be funded from within the traffic facilities block grant.

 

         (d)     Monitor complaints concerning speeds within Sandpiper Drive and report to the Police, noting that sufficient traffic management is already in place.

 

5        Approve the temporary road closure of Princess Street, Macksville from McKay Street to River Street, Wallace Lane and River Street from Princess Street to the Salvation Army Store from 8.00am on 30 November 2013 to 3.00pm on 1 December 2013 for the purpose of the Nambucca River Festival.

 

6        Approve the temporary road closure of Matilda Street (Station Street to McKay Street), Wallace Street (Station Street to Cooper Street), and Cooper Street (Wallace to Boundary Street), Macksville between 4.30pm and 5.30pm on Saturday 9 November 2013 for the purpose of a procession to Macksville Park for the Macksville Gift.

 

7        Write to Ganly’s Gardeners reiterating that the previous Council resolution of 2 April 2013 that replanting with a low growing species should proceed as soon as possible.

     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

Resolved:         (Ainsworth/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:

 

 

 

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

 

ITEM 12.1   T006/2013          161013     T006/2013 - Tender Surf Life Saving Services

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) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2   SF1911              161013     Tender for the supply of SRC & FRC Pipes and associated fittings (T151314MNC)

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) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.3   SF1815              161013     Loans Program 2013/2014

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) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 12.25 pm.

 

 

 

RESUME IN OPEN MEETING

 

Resolved:         (Flack/Ainsworth)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 12.44pm

 

 

FROM COUNCIL IN CLOSED MEETING

 

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1   T006/2013          161013     T006/2013 - Tender Surf Life Saving Services

28/13 RESOLVED:         (Flack/Smyth)

 

That Council note the acceptance of the tender and note the information provided in the Closed Report.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2   SF1911              161013     Tender for the supply of SRC & FRC Pipes and associated fittings (T151314MNC)

29/13 RESOLVED:         (Ainsworth/Finlayson)

 

That Council note the acceptance of the tender and note the information provided in the Closed Report.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.3   SF1815              161013     Loans Program 2013/2014

30/13 RESOLVED:         (Ainsworth/MacDonald)

 

1          That Council accept the National Australia Bank Limited loan offer of $1,455,000 at a rate of 5.66% per annum with monthly repayments of $15,909.62 over 10 years subject to market movements and delegate authority to the GM to finalise the contract and effect the drawdown of funds.

 

2          That Council authorize the Mayor and the General Manager to execute Loan Agreement for $1,455,000 at a rate of 5.66% per annum with monthly repayments of $15,909.62 over 10 years subject to market movements.

 

3          That in the event the National Australia Bank Limited requires the loan agreement to be executed under seal that the Council Seal be affixed to the Loan Agreement for $1,455,000 at a rate of 5.66% per annum with monthly repayments of $15,909.62 over 10 years subject to market movements.

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 12.44 pm. 

 

Confirmed and signed by the Mayor on 31 October 2013.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)