PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth (Deputy Mayor)

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Paula Flack

Cr Kim MacDonald

Cr Bob Morrison

Cr Elaine South

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

 

APOLOGIES

 

Cr Anne Smyth

Scott Norman (AGM Corporate Services)

 

 

PRAYER

 

Captain Steve Dorman from the Salvation Army offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

There were no disclosures of interest.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 15 October 2015

 

1088/15 RESOLVED:       (Flack/South)

 

That the minutes of the Ordinary Council Meeting of 15 October 2015 be confirmed.


 

 

Notices of Rescission

 

ITEM 6.1      SF794                291015      Notice of Rescission - Gumma Shooting Range (LF780)

1089/15 RESOLVED:       (Ainsworth/South)

 

That Council rescind the second resolution of Item 9.9 Gumma Shooting Range, namely: That Council receive a report on other contaminated shooting sites and whether or not they should be listed on Council’s record of contaminated sites.

 

NOTE: Cr Flack requested that her vote be recorded against the motion as she is in favour of a report to ascertain whether or not such sites should be listed on Council’s record of contaminated sites.


 

 

PUBLIC FORUM AND DELEGATIONS

 

RESOLVED:

 

That the following public forums and delegations be heard:

 

i)        Mr David Hall – President, Committee of Management

                   Mr Hall provided a welcome to Eungai.

 

ii)       Mr Lawrence Taylor - Condition of Main Street

                   Mr Lawrence was concerned about the condition of Main Street.  It is OK near the shop but not otherwise.  He was also concerned about the intersection at Tamban Road with trucks using the wrong side of the intersection. Mr Lawrence tabled a petition.

 

iii)      Mr David Hall – On behalf of the School -Condition of Main Street

                   Tamban Road and Main Street in poor condition – mishmash of surfaces and grass growing on road.  State of road reflects poorly on the local community.

 

iv)      Mr Col Thurgood - Speed Humps and town water in the future

                   Traffic Speed on Station Street Eungai Rail, is excessive—suggested speed humps to slow traffic particularly in vicinity of the shop, no footpaths so children are often on the road.

 

v)       Mrs Sandra McIlwain - Drainage/road condition/Eungai Rail

                   Lives opposite the Shop, is concerned with drain in street, water comes through her property (photos were shown to Council).  She is concerned about the maintenance of the drain at the rear of her property, she is no longer able to maintain this herself.

 

vi)      Mrs Elizabeth Whitley - Requesting Lane at back of Station Street to be made one way

                   The lane behind her house is very narrow, two vehicles cannot pass.  Can Council make the lane a one way street?  More traffic is now using the lane, her house is on Station Street.

 

vii)     Mr Peter Thurgood – Condition of South Bank Road

                   Asked if any remedial work will be done on Southbank Road/Main Road once the Highway is completed. Requires bitumen and is a very narrow road.

 

viii)     Mr Erik Von Forell - Planning Laws limiting subdivision

                   Question regarding zoning.  Living on South Bank Road for twelve years, 2.5 km outside of Eungai.  Ten properties ranging from sever to 10 hectares—2 lots at 21 and 19 hectares which are inconsistent with other lots.  Subdivision required and is 40 hectares.  Can zoning be changed to reflect surrounding subdivision pattern?

 

DELEGATIONS

 

10.5.. Proposed Serviced Apartment Building

i)                 i)        Mr Scott Riley (Applicant) – Available for questions

 

10.6   Proposed Outdoor Target Shooting Range

i)                 i)        Mr Jeff Unwin—Objector

ii)                 ii)       Ms Lyn Mackay —Objector

iii)                iii)      Mr Elwin Locke--Applicant

iv)                iv)      Mr Dallas Dent—Applicant

 

10.4   Geotechnical Investigation - 2 Nelson Street, Nambucca Heads

i)                 i)        Mrs Kellie Leckie—Applicant

 

10.10  New Draft Policy - Local Orders Policy

i)                 i)        Ms Diane Glennon

 

10.12  Proposed 330 Lot Residential Subdivision, Bellwood - Request to Offset Cost of Constructing the Link Road Against Council Contributions

i)                 i)        Mr Joe Saliba (Applicant) – Available for questions


 

 

ITEM 10.5    DA2015/115        291015      Proposed Serviced Apartment Building

1090/15 RESOLVED:       (Ainsworth/Finlayson)

 

That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2015/115 for serviced apartments at Lot 2 DP 1063716 - Back Street, Nambucca Heads, subject to the schedule of conditions outlined in attachment 4 of this report.

 

For the motion:               Councillors Hoban, Morrison, Ballangarry, Flack, Finlayson, Ainsworth,

                                      MacDonald and South              (Total 8)

Against the motion:         Nil


 

 

MOTION:      (Flack/Ballangarry)

 

That Ms Lyn MacKay be granted an extension of time in which to address Council.

The motion was LOST.

 

 

 

ITEM 10.6    DA2015/103        291015      Proposed Outdoor Target Shooting Range

MOTION:      (Ainsworth/Finlayson)

 

That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2015/103 for a Recreation Facility (Outdoor): Shooting Range at Lots 262 DP 755549, subject to the schedule of conditions outlined in attachment 2 of this report.

 

Amendment:       (Flack/Ballangarry)

 

That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2015/103 for a Recreation Facility (Outdoor): Shooting Range at Lots 262 DP 755549, subject to the schedule of conditions outlined in attachment 2 of this report; plus the following two conditions:

 

1           That the testing of the water in the sediment ponds occur annually before the wet season for the first five (5) years with an appropriate frequency to be determined after that.

2           The provision of a site management plan with an additional point to require monitoring of the range cover (who and how often).

 

For the motion:               Councillors Ballangarry, Flack, South and MacDonald      (Total 4)

Against the motion:         Councillors Hoban, Morrison, Finlayson, Ainsworth,          (Total 4)

The Mayor exercised her casting vote.

 

The amendment was LOST.

 

1091/15 Resolved:       (Ainsworth/Finlayson)

 

That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2015/103 for a Recreation Facility (Outdoor): Shooting Range at Lots 262 DP 755549, subject to the schedule of conditions outlined in attachment 2 of this report; plus the following condition:

 

A Site Management Plan shall be submitted to and approved by Council, prior to the commencement of use. The plan shall address, but not be limited to, the following matters:

·         The frequency of swale drain maintenance and the person(s) responsible.

·         The person(s) responsible for covering the entrapment bays when not in use and when they are to be covered.

·         Methods of recovering bullets from the lead catchment bays including frequency, persons responsible and personal protective equipment required.

·         Persons responsible for recovering spent bullets from the range surface after each operating day.

·         Maintenance of eyesight baffles.

·         Records of the above actions being undertaken

·         Arrangements for monitoring of the range cover.

 

For the motion:      Councillors Hoban, Morrison, Finlayson, Ainsworth, MacDonald and South   (Total 6)

Against the motion: Councillors Ballangarry and Flack      (Total 2)

 

NOTE: Cr Ballangarry requested his vote be recorded against this motion as the Local Aboriginal Land Council did not provide a response to Council and also, he has concerns regarding the impact on the local flora and fauna.

 


 

 

The meeting adjourned for five minutes at 7.40 pm.

 

 

PUBLIC FORUM continued

 

ix)      Ms Janelle Bonnefin

Addressed Council in regard to the dangerous condition of the intersection of South Bank Road and Kesbys Road.


 

 

DELEGATIONS continued

 

ITEM 10.4    LF4225               291015      Geotechnical Investigation - 2 Nelson Street, Nambucca Heads

1092/15 RESOLVED:       (Ainsworth/South)

 

That Council write to Coffey Geotechnics seeking clarification regarding the differences between their two reports regarding the geotechnical investigations near 2 Nelson Street.


 

 

DELEGATIONS continued

 

ITEM 10.10   SF1031              291015      New Draft Policy - Local Orders Policy

1093/15 RESOLVED:       (Flack/Ballangarry)

 

1           That Council adopt the Local Orders Policy as amended.

 

2           That those people who made submissions to the draft policy be advised of Council’s decision.

 

3        That Council take action regarding the unapproved shipping container at 21 George Street, Bowraville

 

1094/15 Resolved:       (MacDonald/Ainsworth)

 

That the General Manager follow up the question of the appropriate number of companion animals at 21 George Street, Bowraville, and the requirement for a development application for the shipping container.


 

 

DELEGATIONS continued

 

ITEM 10.12   DA2012/011        291015      Proposed 330 Lot Residential Subdivision, Bellwood - Request to Offset Cost of Constructing the Link Road Against Council Contributions

MOTION:      (Finlayson/Ainsworth)

 

That the construction of the link road be accepted in lieu of contributions for the first twenty five (25) lots and this provision remain available for four (4) years and the matter be reviewed if the area the subject of the development application is disposed of.

 

Amendment:       (Flack/Ballangarry)

 

That this item be deferred until a further report is provided to Council that spells out the costs and benefits of the proposal.

 

For the Motion:      Councillors Flack and Ballangarry       (Total 2)

Against the Motion: Councillors Hoban, Morrison, Finlayson, Ainsworth, MacDonald and South (Total 6)

 

The motion was put and it was:

 

1095/15 RESOLVED:       (Finlayson/Ainsworth)

 

That the construction of the link road be accepted in lieu of contributions for the first twenty five (25) lots and this provision remain available for four (4) years and the matter be reviewed if the area the subject of the development application is disposed of.

 

For the Motion:      Councillors Morrison, Hoban, South, MacDonald, Ainsworth and Finlayson (Total 6)

Against the Motion: Councillors Ballangarry and Flack      (Total 2)


 

 

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 was received.


 

 

ITEM 12.1    SF565                291015      Application for Temporary Road Closures - Macksville Gift Procession on 14 November 2015

1096/15 RESOLVED:       (MacDonald/Ainsworth)

 

1        That Council approve a request from Macksville Gift Procession Committee of Management  to conduct Macksville Gift Procession, noting the following has been received:

 

·      Certificate of Currency for Public Liability Insurance;

·      Traffic Management Plan confirming Accredited Traffic Controllers will be on site;

·      Police and Roads and Maritime Services approval for the road closures, and

·      Road Occupancy Licence for the Pacific Highway closure.

 

2        That Council endorse road closures for the Macksville Gift Procession to be held between 11.30am and 11.50am on 14 November 2015 as follows:

 

·      Wallace Street - Station Street to Cooper Street

·      Matilda Street - Station Street to Wallace Street and

·    Cooper Street - Wallace Street to Boundary Street.


 

 

1097/15 Resolved:       (Finlayson/Ainsworth)

 

That in view of the late hour any outstanding matters be deferred to the next Council meeting on Thursday 12 November 2015.


 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 9.36 pm. 

 

Confirmed and signed by the Mayor on 12 November 2015.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)