The following document is the minutes of the Council meeting held on 31 October 2013.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 13 November 2013 and therefore subject to change.  Please refer to the minutes of 13 November 2013 for confirmation.

 

 

The Council meeting commenced at 6.10 pm.

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Kim MacDonald

Cr Paula Flack

Cr Anne Smyth

Cr Bob Morrison

Cr Elaine South

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

APOLOGY

 

Cr Brian Finlayson is approved leave.

 

 

PUBLIC FORUM

 

1        Mr Sid Scott President of Hall Committee

 

Mr Scott addressed council making the following points:

 

 

Mayor welcomed everyone and apologised for lateness of Council’s arrival.

 

 

DISCLOSURE OF INTEREST

 

Councillor PF Flack declared a non-pecuniary less significant conflict of interest in the Notice of Motion –Exploration Activities of any kind in the Nambucca Valley under the Local Government Act as Cr Flack’s family property at Girralong within the EL8016 exploration area.

 

Mayor, Councillor R Hoban declared a non-pecuniary significant conflict of interest in Item 8.4 Valla Quarry - Compliance with Conditions of Development Consent under the Local Government Act as Cr Hoban negotiated conditions of consent in the Land and Environment Court prior to becoming a Councillors.  Cr Hoban left the meeting for this item.

 

Deputy Mayor, Councillor JA Ainsworth declared a non-pecuniary significant conflict of interest in Item 8.7 Boulton's Crossing (Gumma Reserve) under the Local Government Act as Cr Ainsworth is a Board member of South Beach National Park.  Cr Ainsworth left the meeting for this item.

 

Councillor K MacDonald declared a pecuniary interest in Item 10.3 Nambucca District Water Supply Steering Committee Meeting - 2 October 2013 under the Local Government Act as Cr MacDonald’s employer has the fuel contract for several of the dam contractors.  Cr MacDonald left the meeting for this item.

 

 

 

NOTICE OF MOTION - CR Flack

 

ITEM 4.1     SF1104              311013     Notice of Motion - Exploration Activities of any sort in the Nambucca Valley.

1/13 RESOLVED: (Flack/Smyth)

 

That Council write to Precious Metals Resources CEO, Mr Michael Leu, advising him of Council’s expectation that Condition Clause 34 of EL 8016 will be adhered to and asking when PMR intends to commence exploration activities of any sort in the Nambucca Valley.

 

   

 

PUBLIC FORUMS

 

1        Mr John Vassallo addressed Council regarding new swimming pool regulations

·   Does not adequately cover rural properties

·   In regard to fencing the area, no furniture within proximity of pool….what is definition of “proximity”

·   What is done regarding fencing of dams

·   Does the river need to be fenced?

 

The Mayor advised that Mr Paul Guy, Council’s Manager Development and Environment, will contact Mr Vassallo regarding his issues.

 

2        Mr Stephen Spear asked Council what the progress is with the traffic lights on Taylors Arm Road.

 

The Assistant General Manager Engineering Services advised that flood damage repair was approved however, core testing and design is required.  Then there will be a tender for the repair.

 

3        Ms Joy Lane pointed out an area where Taylors Arm Road is sinking in proximity to the traffic lights.

 

The Assistant General Manager Engineering Services advised that Council is aware of this.

 

4        Mr Stephen Spear

 

Brought attention to the speed discrepancies/anomalies from around Bowraville and Bellingen Road and then into Macksville and other places in the Shire. This may cause drivers to break speed limits on some roads.

 

Mr Spear would like to note that he is life member of Nambucca Little Athletics and he asked Council to keep a close eye on the EJ Biffin Playing Fields Committee of Management, not that he was not pleased with the current Committee.

 

5        Mr Sid Scott

 

Asked who he could he speak to regarding a fitness class for seniors – he runs Tai Chi classes up at Taylors Arm - is there any assistance that can be given.

 

The Mayor advised that Council’s Healthy Communities and/or Council’s Grants and Contributions Officer will be asked to contact Mr Scott.

 

 

 


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.

 

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 16 October 2013

 

2/13 RESOLVED: (Ainsworth/Smyth)

 

That the minutes of the Ordinary Council Meeting of 16 October 2013 be confirmed.

 

 

 

General Manager Report

 

ITEM 8.2     SF959                311013     Outstanding Actions and Reports

3/13 RESOLVED: (Flack/MacDonald)

 

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

 

 

 

ITEM 8.3     SF42                  311013     Comparative Information on NSW Local Government 2011-2012

4/13 RESOLVED: (Smyth/Flack)

 

That the comparative information on NSW Local Government in 2011- 2012 be received.

 

 

 

ITEM 8.4     SF1431              311013     Valla Quarry - Compliance with Conditions of Development Consent

5/13 RESOLVED: (South/Morrison)

 

1        That Council note the information on the determination of the accounting year and the    options for managing compliance with the production limit on an on-going basis.

 

2        Council notes the information concerning the cost to Council of buying gravel from another       quarry and not using the Valla Quarry for the coming 12 months.

 

 

 

ITEM 8.5     SF25                  311013     Proposed War Memorial - River Street, Macksville

6/13 RESOLVED: (Ainsworth/MacDonald)

 

That Council advise the Returned and Services League of Australia – Macksville Sub-Branch that Council will assist the Sub-Branch in the construction of the memorial be providing Council plant and staff at cost (ie applying internal hire rates with no overheads and administrative charges) and secondly in the absence of any Memorandum of Understanding or agreement, by accepting responsibility for the maintenance of the memorial.

 

 

 

ITEM 8.6     SF1496              311013     Minutes of the Nambucca River, Creeks, Estuary and Coastline Management committee meeting held on 20 September 2013

7/13 RESOLVED: (Flack/Ainsworth)

 

1        That Council note the support from the committee to endorse the Nambucca River Flood Study Deep, Creek Flood Study and Deep Creek Entrance Management Policy with some changes;

 

2        That Council adopt the Deep Creek Flood Study and Nambucca River Flood Study Reports and that Council utilise the new 100 year ARI 2100 Climate Change peak flood levels for development and infrastructure considerations as appropriate. In some instances Council may need to reference other modelled events in the studies such as the Probable Maximum Flood (PMF).

 

3        That Council continue to progress the floodplain management program and target available funding to prepare a Flood Risk Management Study/ Plan.

 

4        That Council adopt the Deep Creek Entrance Management Policy incorporating the following changes and notify the adopted Policy as required by the Local Government Act:

 

-     Identify an option to raise the level of residential yards in Hyland Park where inundation may occur;

-     Identify an option to investigate powered craft management on Deep Creek. Particularly during times the entrance is closed.

-     Identify options to plan for ‘Coastal Squeeze’ including widening of riparian areas in appropriate locations and revegetation with suitable species.

 

5        That Council write to the Roads and Maritime Services regarding management of powered craft during on Deep Creek during closed entrance conditions.

 

6        That Council formally thank to the Office of Environment and Heritage for their contribution to the project.

 

7        That Council note that the committee supports Council in any initiative to close our rivers to commercial fishing or reduce the impact of commercial fishing on our rivers and encourage Council to become fish friendly Council with the aim of protecting fish habitat and encourage sustainable fishing.

 

8        That the remaining minutes from the Nambucca River Creeks, estuary and coastline management committee meeting held on Friday 20 September 2013 be endorsed and as necessary the appropriate action be taken.

 

8/13 Resolved: (Morrison/Ballangarry)

 

That in respect to item 7 above Council request the Department of Fisheries to write to those people and organisations where it is considered that this motion may have either a positive or negative effect on their business or the Shire if the river was closed and to ask these organisations and people their opinion eg those with fish licences, fish shops and other organisations that provide tourist facilities like caravan park and our local tourist committee and associations.

 

 

Meeting adjourned 7.46 pm

Meeting resumed at 7.53 pm

 

Cr Ainsworth left the meeting for Item 8.7 at 7.46 pm and returned after the conclusion of the Item at 8.17 pm

 

ITEM 8.7     SF1823              311013     Boulton's Crossing (Gumma Reserve)

Motion:    (South/MacDonald)

 

1             That Council licence the reserve as a primitive camping area in accordance with Section 68 of the Local Government Act, Local Government (Manufactured Homes, Movable Dwellings, Caravan Parks and Camping Grounds Regulation 2005) with strict adherence to a maximum number of 60 sites during NSW school holidays and public holiday long weekends and 30 sites at any other times.

 

2             That Council immediately replace the existing septic effluent management system with a pump out system as described in the report.

 

3             That Council close the Crown Road Reserve which dissects the site.

 

4             That Council revert to a site based fee of $20 per day, based on a maximum of 5 persons per site with additional persons paying at the rate of $5 per day.

 

5             That Council prepare a Bush Fire Management/Emergency Evacuation Plan for the Reserve. 

 

6             That Council contract out the day to day operation of the Reserve as discussed in the report.

 

7             That Council undertake the work to the access road as described in the attached report, trim document no. 26706/2013.

 

Amendment:      (Flack/Smyth)

 

1        That Council defer item 1 above pending confirmation that Council staffs’ interpretation of the Act      is correct with regard to the number of sites per hectare that are allowed.  And further, that Council also receive a report on the maximum number of sites that can be sustained on the Reserve.

 

2        That Council immediately replace the existing septic effluent management system with a pump out system as described in the report.

 

3             That Council close the Crown Road Reserve which dissects the site.

 

4        That Council revert to a site based fee of $20 per day, based on a maximum of 5 persons per site with additional persons paying at the rate of $5 per day.

 

5        That Council prepare a Bush Fire Management/Emergency Evacuation Plan for the Reserve. 

 

6             That Council contract out the day to day operation of the Reserve as discussed in the report.

 

7        That Council undertake the work to the access road as described in the attached report, trim document no. 26706/2013.

 

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

 

9/13 Resolved: (Flack/Smyth)

 

1        That Council defer item 1 above pending confirmation that Council staffs’ interpretation of the Act is correct with regard to the number of sites per hectare that are allowed. And further, that council also receive a report on the maximum number of sites that can be sustained on the Reserve.

 

2        That Council immediately replace the existing septic effluent management system with a pump out system as described in the report.

 

3        That Council close the Crown Road Reserve which dissects the site.

 

4        That Council revert to a site based fee of $20 per day, based on a maximum of 5 persons per site with additional persons paying at the rate of $5 per day.

 

5        That Council prepare a Bush Fire Management/Emergency Evacuation Plan for the Reserve. 

 

6        That Council contract out the day to day operation of the Reserve as discussed in the report.

 

7        That Council undertake the work to the access road as described in the attached report, trim document no. 26706/2013.

 

10/13 Resolved:         (Flack/Smyth)

 

That Council prepare a leaflet to be distributed to campers including fees, amenities, proposed improvements, appropriate behaviour, environmental sensitivity, and any other issues.

 

 

 

ITEM 8.8     SF1915              311013     Private Swimming Pools - Inspection Regime

11/13 RESOLVED:         (Smyth/South)

 

That Council note that its statutory obligations have been met with respect to the community consultation and further note the actions of the Development and Environment section in instituting strategic planning for the control of private swimming pool safety.

 

12/13 Resolved:         (MacDonald/Smyth)

 

That Council investigate what other councils are determining as a timely inspection program for pools and whether this can be done in a shorter time frame by Nambucca Shire Council than the four years.

 

 

 

ITEM 8.9     SF1823              311013     Outstanding DA's greater than 12 months, applications where submissions received not determined from 7 October 2013 to 18 October 2013

13/13 RESOLVED:         (Ballangarry/Ainsworth)

 

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

 

 

 

ITEM 8.10   SF1823              311013     Applications and Statistical Reports 2012-2013 - September 2013

14/13 RESOLVED:         (Flack/Ballangarry)

 

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 8.11   SF1842              311013     Application For Special Rate Variation 2014 - 2015

15/13 RESOLVED:         (Smyth/MacDonald)

 

1          That Council endorse the three rate variation scenarios of (a) to increase the ordinary rates by 6% in 2014/15, (b) to increase the ordinary rates by 6% in both the 2014/15 and 2015/16 financial years and (c) to increase the 2014/15 rates by the rate peg amount, as appropriate for community engagement and input. 

 

2          That the presentation on the community awareness and engagement program be noted.

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 9.1     SF251                311013     Schedule of Council Public Meetings

16/13 RESOLVED:         (Flack/South)

 

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

 

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 10.1   SF1031              311013     New Draft Policy - Road Signage on Public Land

17/13 RESOLVED:         (Flack/South)

 

That Council adopt the new policy titled Road Signage on Public Land (Our Ref: 12436/2013) with the associated fees as follows:

 

a)       non-refundable application fee of $150.00 for processing the application

b)      a non-refundable licence fee of $250.00 for a 5 year approval period

c)       purchase of signage material and installation of the sign at Applicant’s cost.

 

 

 

ITEM 10.2   SF1294              311013     Review of uptake of Rainwater Tank Rebate

18/13 Resolved:                  (Flack/Ainsworth)

 

1        That Council receive and note the information on the uptake of rainwater tank rebate.

 

2        That Council not alter the current budget allocation of $20,000.00.

 

 

 

ITEM 10.3   SF844         311013        Nambucca District Water Supply Steering Committee Meeting –             2 October 2013

19/13 RESOLVED:         (Ainsworth/Morrison)

 

That the minutes of the discussion held on 2 October 2013 in lieu of the formal Steering Committee Meeting be received and noted by Council.

 

 

 

ITEM 10.4   SF1075              311013     Energy Consumption and Greenhouse Gas Production for the period 1 July 2006 to the 30 June 2013

20/13 RESOLVED:         (Ainsworth/Morrison)

 

That Council receive and note the report on the energy consumption and greenhouse gas production.

 

 

 

ITEM 10.5   SF882                311013     Award for Excellence in Recycling in Stabilised Pavements in Local Government 2013

21/13 RESOLVED:         (MacDonald/Ainsworth)

 

That Council receive and note the report on the presentation of an award from AustStab for Excellence in Recycling in Stabilised Pavements in Local Government 2013 in recognition of road works undertaken by Council on Valla Road, Valla in 2012.

 

 

 

ITEM 10.6   SF453                311013     Waste Management Quarterly Report July - September 2013

22/13 RESOLVED:         (Flack/Smyth)

 

1        That Council receive and note the information provided in the Waste Management Quarterly Report for the period July – September 2013.

 

2        That Council write to each charitable organisation informing them of the adoption of the new donations policy and advise them that they will be required to apply for annual funding from 1 July 2014 in accordance with the new policy.

 

 

 

ITEM 10.7   SF1131              311013     Landslips - Riverside drive Nambucca Heads

23/13 RESOLVED:         (Morrison/Ballangarry)

 

1             That Council allocate $32,000 to undertake a geotechnical investigation and detailed design to remediate the potential landslip on Riverside Drive in the vicinity of 3 Foreshore Close Nambucca Heads.

 

2             That Council allocate $150,000 to undertake geotechnical investigation and detailed design to remediate the potential landslip areas previously identified in a hazard assessment report by GHD along a section of Riverside Drive Nambucca Heads.

 

3        That the expenditure be reimbursed against the Special Grant of $5M once it is approved.

 

     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

Resolved:         (Ainsworth/MacDonald)

 

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 11.1   SF1690              311013     Skate Park - Deed of Settlement

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 9.08 pm.

 

 

 

 

RESUME IN OPEN MEETING

 

RECOMMENDATION:

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 9.37 pm.

 

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 11.1   SF1690              311013     Skate Park - Deed of Settlement

24/13 RESOLVED:         (Ainsworth/MacDonald)

 

That the information concerning the implementation of the Deed of Settlement be received.

 

25/13 Resolved:         (Flack/Ainsworth)

 

That Council undertake the cheapest option of providing a cranked fence and that Council not undertake any further activities beyond that which is in the signed agreement.

 

Upon being put to the meeting, the motion was declared carried. Cr Hoban called for a Division.

 

For the Motion were Crs J Ainsworth, M Ballangarry, P Flack, R Hoban, K MacDonald, B Morrison, A Smyth and E South                  Total (8).

Against the Motion was Nil    Total (0).

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 9.40 pm. 

 

Confirmed and signed by the Mayor on Wednesday 13 November 2013.

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)