PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Brian Finlayson

Cr Paula Flack

Cr Bob Morrison

Cr Anne Smyth

Cr Elaine South

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Lorraine Hemsworth (Minute Secretary)

 

ApologIES

 

Cr Kim MacDonald

 

PRAYER

 

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

 

 

DISCLOSURE OF INTEREST

 

Councillor P Flack declared a non-pecuniary less significant conflict of interest in Item 11.3 Water Quality Monitoring in relation to Mining Activity under the Local Government Act as Cr Flack ‘s family property is within the Antimony mining exploration area (EL8016). 

 

Councillor R Hoban declared a non-pecuniary significant conflict of interest in Item 12.1 Valla Quarry Environmental Management Audit Report – Period 2 October 2012 to 1 October 2013 under the Local Government Act as Cr Hoban was involved in negotiating conditions of consent for this Quarry prior to becoming a Councillor.  Cr Hoban left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 11 December 2013

1/14 RESOLVED:  (Flack/South)

 

That the minutes of the Ordinary Council Meeting of 11 December 2013 be confirmed.

 

 

 

 


NOTICE OF MOTION - CR Flack - LATE

ITEM L.1      SF1933              160114      Notice of Motion - DA2013/170 Boundary Adjustment, Erection of Shed and Operate Depot on Rural Lot - Lot 2 DP 881651 - 296 Valla Road Valla (DA2013/170)

2/14 RESOLVED:  (Flack/Smyth)

 

That DA2013/170 be called in for determination by Councillors and that a site inspection be carried out prior to determination.

 

 

 

NOTICE OF MOTION - CR South - LATE

ITEM L.2      SF1933              160114      Notice of Motion - Request for the left lane to be left turning lane only at the intersection of Cooper Street (on Pacific Highway) and Partridge Street Macksville (SF1009)

3/14 RESOLVED:  (South/Ainsworth)

 

That Council write to the Roads and Maritime Services again as a matter of urgency requesting they make the left lane at the Cooper Street (Pacific Highway) and Partridge Street lights southbound a left turning lane only.

 

And further that the Roads and Maritime Services be requested to investigate the sequencing of traffic lights in Macksville so as to improve the efficiency of traffic travelling on and crossing the Highway.

 

   

Delegations

4/14 Resolved(Ainsworth/South)

 

That the following delegations be heard:

i         Mr Robert Baker – Seeking support for Essential Energy to place proposed new power lines to Hyland Park underground.

ii        Mr Ison – NSW Rural Fire Service

 

Mr Baker made the following points:

 

·                Concerned about Essential Energy’s proposal to install a new power line

·                Proposed overhead line from Nambucca Heads to Hyland Park

·                Announced without consultation with residents

·                Discussion/consultations with Essential Energy has been difficult

·                Referring to fires recently and in recent years that have been caused by fallen power lines

·                Seeking Council’s support for the installation of an underground connection, instead of overhead

·                Hyland Park is a self-contained area of about 200 houses

·                Only one road in and out

·                Working Group of residents formed with the owners of 143 houses supporting the petition

·                Issue of public safety

·                Telephone lines are underground

·                Rural Fire Service supportive of underground connection

·                Sought resolution to support Working Group’s position to the Hon Andrew Stoner MP

·                Requesting Council to resolve to support placement of power line underground and letter of support to The Hon Andrew Stoner MP

 

Support for Underground Power lines at Hyland Park (Ref SF869)

5/14 Resolved(Flack/Smyth)

 

That whilst Council supports the improvement of the reliability of the power supply to Hyland Park that Council write to Essential Energy and the Hon Andrew Stoner MP advising of its support for the undergrounding of the power line and further that there be a timely and thorough consultation in any future proposals.  The letter to The Hon Andrew Stoner MP is to be copied to Mr Baker.

 

 

6/14 Resolved(Morrison/Ainsworth)

 

That Item 11.1 NSW Rural Fire Service Proposed 2014/2015 ‘Bid’ be brought forward.

 

Delegations Continued

 

Mr Ison addressed Council

 

·                has seen letter to the Commissioner

·                Rural Fire Service budget has a Part A and Part B

·                Part Budget determined by Rural Fire Service Head Office

·                10% budget increase (driven by Part B)

·                2 options in long term

·                1 option can limit increase in Part A to rate peg

·                Vehicle replacement program – vehicles have a maximum age of 25 years

·                Scotts Head cat 7 is 24 years old

·                Suggests $100,000 per year to acquire red fleet – doesn’t have to be new vehicles, can be second hand

 

ITEM 11.1    SF84                  160114      NSW Rural Fire Service Proposed 2014/15 Budget 'Bid'

7/14 RESOLVED:  (Finlayson/Flack)

 

1        That Council receive a presentation from the Rural Fire Service Zone Manager for the Lower North Coast Zone on the proposed 2014/15 Rural Fire Service “BID” and thank him Mr Ison for his presentation and the efforts of himself and the local Rural Fire Service to contain their costs.

 

2        That Council receive a further report at the 13 February 2014 Council meeting to formally endorse the 2014/15 Rural Fire Service “BID”.

 

 

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                160114      Outstanding Actions and Reports

8/14 RESOLVED:  (Flack/Finlayson)

 

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

 

 

ITEM 9.2      SF979                160114      Financial Contribution to the Mid North Coast Regional Organisation of Councils (MIDROC)

9/14 RESOLVED:  (Flack/Finlayson)

 

That Council pay the additional per capita contribution to MIDROC of $2,511.47 and make provision for this in the December Quarter Budget Review.

 

 

ITEM 9.3      SF1855              160114      Review of Submissions - Macksville Streetscape Improvement Plans

10/14 RESOLVED: (Ainsworth/Finlayson)

 

1        That Council note the responses to the draft plans received via formal submissions or feedback received in other forms.

 

2        That Council resolve to progress to detail plans for Priority Area 1 (River Street).  The detail design take into consideration the comments made through submissions including:

 

·           the location and nature of trees taking into account functionality of the town

·           the changes in parking and other traffic conditions

·           an alternative option to the relocation of the toilet block

·           the many varying suggestions town themes and how these may form part of the design.

 

 

 

ITEM 9.4      SF1902              160114      Planning Proposal LEP amendment no 16 Boundary Adjustments for Certain Rural zoned land

11/14 RESOLVED: (Finlayson/Ainsworth)

 

1        That Council proceed with the proposed amendment as drafted in this report.

 

2        That pursuant to Clause 59(1) of the Environmental Planning and Assessment Act 1979 Council request that a draft instrument be prepared by contacting Parliamentary Counsel directly in accordance with Councils delegated powers.

 

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

 

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

Against the Motion:  Councillors Flack and Smyth                                                                     Total 2

Cr Flack voted against as she does not support RU3, E1 and E2 being included in the clause.

 

 

ITEM 9.5      SF1947              160114      Outstanding DA's greater than 12 months, applications where submissions received not determined from 2 December 2013 - 3 January 2014

12/14 RESOLVED: (Finlayson/Ainsworth)

 

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

 

 

ITEM 9.6      DA2012/069        160114      DA2012/069 Traffic Impact Assessment - Intersection of Upper Warrell Creek Road and the Pacific Highway, Macksville as a result of application for production increase to 200,000 Tonnes per year

13/14 RESOLVED: (Ainsworth/Finlayson)

 

6.1     That Council approve production up to 200,000 TPA once the speed limit on the Pacific Highway at the intersection with Upper Warrell Creek Road has been reduced to 80 km/h, either:

 

a)  in conjunction with Pacific Highway upgrade works or

 

b)  by the Applicant securing the agreement of the RMS to a reduced speed zone prior to the proposed 80 kmh speed zone for the Pacific Highway upgrade works

 

for a trial period which involves an equivalent production of 200,000 TPA for a period of at least 3 months or an end trial date of 31 December 2016 whichever occurs first.

 

6.2     Further that Council engage RoadNet to monitor the intersection and provide a report on the trial in the event that the applicant secures a major contract and increases their production to the equivalent of 200,000 TPA and that the developer pay for the cost of the report.

 

6.3     That the RMS be advised of Council’s decision.

 

6.4     That Council seek a delegation with the Hon Andrew Stoner

 

For the Motion: Councillors Morrison, Flack, Smyth, Finlayson, Ainsworth, South and Hoban     Total 7

Against the Motion:                                                                                                                 Nil

 

 

 

ITEM 9.7      SF1148              160114      Council Ranger's Report December 2013

14/14 RESOLVED: (Ainsworth/Morrison)

 

That the report from Council Ranger for December 2013 be received and noted by Council.

 

 

 

 

 

 

 

 

 

 

 

 

ITEM 9.8      SF1947              160114      Construction and Complying Development Certificates Approved December 2013

15/14  RESOLVED:         (Ainsworth/Finlayson)

 

That the Construction and Complying Development Certificates approved for December 2013 be noted and received for information by Council.

 

 

16/14 Resolved: (Hoban/Smyth)

 

That Council endorse the method of reporting Construction and Complying Development Certificates as presented to the 16 January 2014 meeting and further that the General Manager investigate the possibility of reporting Development Applications lodged in previous month.

 

 

 

Assistant General Manager Corporate Services Report

ITEM 10.1    SF1620              160114      Draft Delivery Plan and Long Term Financial Plan

17/14 RESOLVED: (Ainsworth/Morrison)

 

That Council adopt the draft 2014-2018 Delivery Program and draft 2014-2024 Long Term Financial Plan and that the draft documents be placed on display for public comment.

 

 

 

 

ITEM 10.2    SF307                160114      Coronation Park Committee of Management - Minutes of Annual General Meeting - 18 November 2013

18/14 RESOLVED: (Smyth/Flack)

 

That Council endorse the Minutes of the Committee of Management for Coronation Park’s Annual General Meeting held on 18 November 2013 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

 


ITEM 10.3    SF317                160114      Macksville Park and Sports Committee of Management AGM - 10 December 2013 - Minutes

19/14 RESOLVED: (South/Finlayson)

 

That Council endorse the Minutes of the Committee of Management for the Macksville Park and Sports Centre Annual General Meeting held on 10 December 2013 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

 

 

 

ITEM 10.4    SF251                160114      Schedule of Council Public Meetings

20/14 RESOLVED: (Flack/Finlayson)

 

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

 

 

 

 

ITEM 10.5    SF329                160114      Crosswinds Wetlands Nature Reserve Committee of Management - Minutes of Annual general Meeting - 24 October 2013

21/14 RESOLVED: (Ainsworth/Finlayson)

 

That Council endorse the Minutes of the Committee of Management for the Crosswinds Wetlands Nature Reserve’s Annual General Meeting held on 22 September 2011 and thank the Committee for continued good work in the past twelve months.

 

 

 

 

ITEM 10.6    SF1391              160114      Stuart Island Boating Facility Improvement - Council acceptance of Better Boating Program funding offer

 

Refer to replacement report 10.7.

 

 

 

Assistant General Manager Corporate Services Report – LATE

 

ITEM 10.7    SF1391              160114      Stuart Island Boating Facility Improvement - Council acceptance of Better Boating Program funding offer

22/14 RESOLVED: (Ainsworth/South)

 

That Council:

 

1           Accept the Better Boating Funding Offer for the Stuart Island Facility Improvement project.

 

2        Agree to the public exhibition of the Community Facilities and Public Open Space draft works schedule, comprising the Macksville Skate Park (existing project) and the Stuart Island Facility Improvement (new project), for the period 23 January to 20 February 2014, after which a report will be prepared for Council’s adoption of the new works schedule.

 

 

 

Assistant General Manager Engineering Services Report

 

 

Item 11.1 was dealt with earlier in this Meeting.

 

 

 

ITEM 11.2    SF844                160114      Nambucca District Water Supply Steering Committee meeting - 4 December 2013

23/14 RESOLVED: (Finlayson/Ainsworth)

 

That Council adopt the minutes of the Water and Sewerage Steering Committee Meeting held on 4 December 2013.

 

 

 

 

ITEM 11.3    SF201                160114      Water Quality monitoring in relation to mining activity

MOTION:      (Finlayson/Ainsworth)

 

That the information be noted by Council.

 

Amendment:       (Flack/Smyth)

 

1        That the information be noted by Council.

 

2        That Council consider a monthly sampling program for twelve months from two sites – bottom of South Arm and North Arm at Brouggy’s bridge and near the old weir be considered when considering the Environmental Levy Program as to establish base line data.

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

 

24/14 Resolved: (Flack/Smyth)

 

That Council consider a monthly sampling program for twelve months from two sites – bottom of South Arm and North Arm at Brouggy’s bridge and near the old weir be considered when considering the Environmental Levy Program as to establish base line data.

 

 

 

ITEM 11.4    Q009/2013          160114      Q009/2013 Quotation for the Investigation and Design for Road Embankment Stabilisation Riverside Drive Nambucca Heads

25/14 RESOLVED: (Ainsworth/Finlayson)

 

That the Items 11.4 and 12.2 be deferred pending clarification of Roads and Maritime Services role in managing the $5M grant.

 

 

     

Cr Hoban left the meeting at 8.17 pm and returned after the conclusion of discussion at 8.23 pm and resumed the Chair.

 

Cr Ainsworth took the chair for the duration of this item.

 


General Manager Report

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

26/14 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.

 

 

Please note:  Doors were not closed as discussions were held and it was decided that the Items below would be deferred.

 

 

 

ITEM 12.1    SF1431              160114      Valla Quarry - Environmental Management Audit Report - Period 2 October 2012 to 1 October 2013

28/14 Resolved: (Flack/South)

 

That Item 12.1 be deferred to next meeting and the public information be presented in a public meeting.

 

 

 

ITEM 12.2    Q009/2013          160114      Q009/2013 Quotation for the Investigation and Design for Road Embankment Stabilisation Riverside Drive Nambucca Heads

That the Items 11.4 and 12.2 be deferred pending clarification of Roads and Maritime Services role in managing the $5M grant.

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 8.23 pm.

 

Confirmed and signed by the Mayor on 30 January 2014.

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)