NAMBUCCA SHIRE COUNCIL
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Ordinary Council Meeting
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MINUTES OF THE Ordinary Council Meeting HELD ON 05 November 2009
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PRESENT
Cr Rhonda Hoban (Mayor)
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Cr John Ainsworth
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Cr Janet Court
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Cr Brian Finlayson
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Cr Mike Moran OAM
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Cr Elaine South
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ALSO PRESENT
Michael Coulter
(General Manager)
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Bruce Redman
(Director Engineering Services)
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Greg Meyers (Director Environment &
Planning)
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Monika Schuhmacher (Minute Secretary)
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APOLOGIES
Cr Martin Ballangarry OAM )
Cr Paula Flack ) Attending
NSW Coastal Conference
Cr Anne Smyth )
PRESENTATION TO
COUNCIL OF ACQUISITIVE ART PRIZE
Ms Bonnie Tardiani, Vice President of the
Arts Council presented Council with its Acquisitive Art Prize—a painting by Ms
Lynne Greentree - "North From Captain Cook's Lookout".
PRAYER
Pastor Jon Ventham offered a prayer on
behalf of the Nambucca Minister's Association.
Ordinary Council Meeting
DISCLOSURE OF
INTEREST
There were no disclosures of interest.
CONFIRMATION OF
MINUTES - Ordinary Council Meeting 15 October 2009
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1673/09 RESOLVED: (Moran/South)
That the minutes of the Ordinary Council
Meeting of 15 October 2009 be confirmed.
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NOTICE OF MOTION - CR Moran OAM
ITEM 5.1 SF1269 051109 Notice of Motion -
Caravan Parks on Crown Land to Pay General Rates
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1674/09 RESOLVED: (Moran/South)
That
Nambucca Shire Council write to the Premier and Lands Department and to the
Minister for Local Government requesting that caravan parks on crown land pay
general rates.
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NOTICE OF MOTION - CR Moran OAM
ITEM 5.2 SF1269 051109 Population of
Macksville Urban Area
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1675/09 RESOLVED: (Moran/South)
That
Nambucca Shire Council check with the Australian Bureau of Statistics
regarding the population of Macksville Urban Area taking into account
Wedgewood Drive, parts of Wallace Street, Reid Street, the new development of
Grant Crescent, Rowe Drive, Crispin Cove, Preston Drive, Graham Close, George
Close, Glenmore Crescent, Grandview Drive, Nursery Road, parts of River
Street and Gumma to ascertain the true population of Macksville Urban Area.
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NOTICE OF MOTION - CR Moran OAM
ITEM 5.3 SF1269 051109 Notice of Motion -
Sea Level Rises
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1676/09 RESOLVED: (Moran/South)
That
Council object to the State Government legislation regarding Local Government
paying for damage to property due to sea level rises as Council believes it
is a natural disaster and that individuals should be responsible themselves
through their insurance.
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DELEGATIONS
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Resolved: (South/Ainsworth)
That the following delegations be
heard:
ITEM 11.3 PRF53 051109 River Street Foreshore - Macksville - Landscape Development Plan
i) Mrs Libby
Ussher
ITEM 11.7 SF382 051109 Scotts
Head Master Plan - Financial Models
i) Mr Greg Hill
ii) Mr Terry Moan
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Ms Libby Ussher addressed Council making the following points:
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Congratulations to Council on Plan for riverbank
at Macksville
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Joan’s Army should also be congratulated
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Supports the Plan being approved subject to correct
plant selection.
ITEM 11.3 PRF53 051109 River Street
Foreshore - Macksville - Landscape Development Plan
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Motion: (Moran/Finlayson)
1 That Council adopt the concept plans
developed by Roger Williams & Associates for the River Street Foreshore
west of the Macksville Bridge.
2 That the plan be implemented as funds
permit including item suitable through the Environmental Levy.
Amendment: (Ainsworth/Court)
That the River Street Foreshore - Macksville - Landscape Development Plan
be put to next General Purpose Committee meeting and the
Consultant to address Council and that Joan’s Army be invited to attend.
The amendment was carried and it became
the motion and it was:
1677/09 Resolved: (Ainsworth/Court)
That the River Street Foreshore - Macksville -
Landscape Development Plan be listed for the
next General Purpose Committee meeting with the Consultant to address Council
and that Joan’s Army be invited to attend.
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DELEGATIONS
continued
Mr Greg Hill
addressed Council making the following points:
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Has been a resident of Scotts Head for twelve
years
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The Plan is not in best interest of the
community
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Need to maintain revenue stream from vans
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What is the non-neg aspect of the Plan
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Believes the Plan should be to increase access
to Scotts Head
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Generating $100,000 letting go for $15,000 not
economically sound
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We have a responsibility to seek better deal for
community
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Request that independent advice sought before
endorsement of Plan
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Sound financial management and best return for
community land
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If vans must be removed, if Council retains
land, van owners can be required to pay
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Solutions in Plan are contradictory to benefit
of community and Shire
Mr Terry Moan
addressed Council making the following points:
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Crown land problem – drainage
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Some drainage absorbed by sand on oval
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No necessity for complicated drainage system
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Exacerbate flooding problem down stream
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Part of LEP to address wetland
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Lost opportunity for long term revenue for Shire
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Congestion at caravan park entrance occurs for
short periods only
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Use of traffic calming and signage would address
this issue
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Using oval for civic green, currently closed
off, difficult to access as it is
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Markets would be an opportunity if space left as
is
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No surveys and no serious analysis of issues has
not been undertaken
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Could be considered there is a bias by Council to
Dept of Lands’ interests
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Independent advice should be sought.
ITEM 11.7 SF382 051109 Scotts Head Master
Plan - Financial Models
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1678/09 RESOLVED: (Moran/Finlayson)
That this
item be deferred to the next Council meeting on 19 November 2009.
Motion: (Court/Ainsworth)
That Council’s
Code of Meeting Practice be reviewed as a matter of urgency to ensure that
Rescission Motions be lodged within three (3) working days and dealt with at
the next Ordinary Meeting of Council.
Amendment: (Hoban/Finlayson)
That Council’s
Code of Meeting Practice be reviewed as a matter of urgency to ensure that
Rescission Motions are lodged within two (2) working days and dealt with at
the next Ordinary Meeting of Council.
The amendment
was carried and became the motion and it was:
1679/09 Resolved: (Hoban/Finlayson)
That
Council’s Code of Meeting Practice be reviewed as a matter of urgency to
ensure that Rescission Motions are lodged within two (2) working days and
dealt with at the next Ordinary Meeting of Council.
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ASKING OF
QUESTIONS WITH NOTICE
There were no questions with Notice.
QUESTIONS FOR
CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED
There were no question for Closed Meeting
where due Notice has been received.
General Manager Report
ITEM 9.1 SF959 051109 Outstanding Actions
and Reports
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1680/09 RESOLVED: (Ainsworth/Court)
That the list of outstanding actions and reports be noted
and received for information by Council.
1681/09 Resolved: (Moran/Court)
That the Draft Management Plan
Sub-Committee provide progress reports on their work.
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ITEM 9.2 SF1120 051109 Grant Application
Status Report - 31 October 2009
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1682/09 RESOLVED: (Ainsworth/Finlayson)
That the
list of grant programs and their status to 31 October 2009 be received.
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ITEM 9.3 SF1102 051109 Draft Integrated
Water Cycle Management (IWCM) Strategy
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MOTION: (Moran/Finlayson)
2 That Council conduct a Value Management
workshop to examine the financial components of the IWCM, including the
Bowraville Off River Storage (BORS); the rate modelling and forecast
developer contributions; as well as typical residential bills and developer
contributions in other local government areas.
3 That all interested Councillors together
with the Director Engineering Services, Manager Water and Sewerage, General
Manager, Manager Financial Services and relevant staff from the Office of
Water and the Department of Commerce participate in the Value Management workshop.
Amendment: (Court/Ainsworth)
1 That
Council adopt in principle the Draft Integrated Water Cycle Management
Strategy, scenario 3.
2 That Council conduct a Value Management
workshop to examine the financial components of the IWCM, including the
Bowraville Off River Storage (BORS); the rate modelling and forecast
developer contributions; as well as typical residential bills and developer
contributions in other local government areas.
3 That all interested Councillors together
with the Director Engineering Services, Manager Water and Sewerage, General
Manager, Manager Financial Services and relevant staff from the Office of
Water and the Department of Commerce participate in the Value Management
workshop.
Further
Amendment: (Ainsworth/Hoban)
1 That Council adopt in principle the Draft
Integrated Water Cycle Management Strategy, scenario 3.
2 That Council conduct a Value Management
workshop to examine the financial components of the IWCM, including the
Bowraville Off River Storage (BORS); the rate modelling and forecast
developer contributions; as well as typical residential bills and developer
contributions in other local government areas.
3 That all interested Councillors together
with the Director Engineering Services, Manager Water and Sewerage, General
Manager, Manager Financial Services and relevant staff from the Office of
Water and the Department of Commerce participate in the Value Management
workshop.
4 That Council visit neighbouring
off stream dams to get a better understanding of them.
The further amendment was carried and it
became the motion and it was:
1683/09 Resolved: (Ainsworth/Hoban)
1 That Council adopt in principle the
Draft Integrated Water Cycle Management Strategy, scenario 3.
2 That Council conduct a Value Management
workshop to examine the financial components of the IWCM, including the
Bowraville Off River Storage (BORS); the rate modelling and forecast
developer contributions; as well as typical residential bills and developer
contributions in other local government areas.
3 That all interested Councillors together
with the Director Engineering Services, Manager Water and Sewerage, General
Manager, Manager Financial Services and relevant staff from the Office of
Water and the Department of Commerce participate in the Value Management
workshop.
4 That Council visit
neighbouring off stream dams to get a better understanding of them.
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ITEM 9.4 SF329 051109 Crosswinds Wetland
Nature Reserve Committee of Management - Annual General Meeting - 24
September 2009
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1684/09 RESOLVED: (Moran/South)
That
Council endorse the Crosswinds Wetland Nature Reserve Committee of
Management's minutes of its Annual General Meeting held on 24 September 2009
and thank the outgoing Committee for their work in the past twelve months.
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ITEM 9.5 SF309 051109 Bowraville Folk Museum Committee of Management - Financial Statement to 30 June 2009
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1685/09 RESOLVED: (Moran/Court)
That
Council note the financial details for the year ending 30 June 2009 for the
Bowraville Folk Museum Committee of Management
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ITEM 9.6 SF343 051109 Valla Public Hall
Committee of Management - Annual General Meeting - 26 August 2009 - Minutes
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1686/09 RESOLVED: (Moran/Court)
That
Council endorse the minutes of the Committee of Management for the Valla
Public Hall's Annual General Meeting held on 26 August 2009, and thank the
outgoing Committee for their work in the past twelve months.
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Director Environment and
Planning Report
ITEM 10.1 SF1261 051109 Outstanding DAs
greater than 12 months, applications where submissions received not
determined, 26 October 2009
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1687/09 RESOLVED: (Ainsworth/Moran)
1 That the list of outstanding
development applications (at least 12 months old) and applications received,
be noted and received for information by Council.
2 That the applications where
submissions have been received be noted and received for information by
Council.
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ITEM 10.2 SF1261 051109 DAs and CDCs Received
and Determined under Delegated Authority 5-23 October 2009
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1688/09 RESOLVED: (Ainsworth/Court)
That
Council note the Development Applications/Complying Development Applications
received and determined under delegated authority.
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ITEM 10.3 SF278 051109 Report on Nambucca
Shire Council Application for Funding to Healthy Communities
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1689/09 RESOLVED: (Moran/Ainsworth)
That
Council endorse the lodgement of the Healthy Communities Funding Application
– Drink? But Don’t Sink – which includes the employment of a Project Manager
to coordinate the project for twelve (12) months.
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ITEM 10.4 SF241 051109 Further Update on
Exhibition of Draft Nambucca Local Environmental Plan 2009
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1690/09 RESOLVED: (Court/Ainsworth)
That
Council note that two (2) public information
sessions are scheduled for Monday 16 November 2009 in the Council
Chambers Macksville and Monday 23 November 2009 at the Entertainment Centre
in Nambucca Heads both commencing at 6.00 pm.
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ITEM 10.5 SF431 051109 Report on Draft
Bushfire Prone Land Map
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1691/09 RESOLVED: (Court/South)
That
Council forward the draft 2009 Bushfire Prone Land Map to the Director
General of the NSW Rural Fire Service for approval.
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Director Engineering Services
Report
ITEM 11.1 SF1031 051109 Revised Liquid Trade
Waste Management Policy
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1692/09 RESOLVED: (Court/South)
1 That
Council note:
a) That the Liquid Trade Waste
Management Policy has been updated in accordance with the Department of
Environment Climate Change and Water (DECCW) requirement
that it be based on their 2009 Model Policy in order to comply with the
National Framework for Wastewater Source Management.
b) That the updated Policy does
not differ from the current Policy in terms of Council’s treatment of
designated trade waste dischargers and the fees and charges they incur.
c) The Department of Environment
Climate Change and Water (DECCW) advice that
the changes are not substantial and that public exhibition of the amended
document is not required.
2 That
Council adopt the updated Liquid Trade Waste Management Policy.
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ITEM 11.2 SF844 051109 Nambucca District
Water Supply Steering Committee Meeting - 30 September 2009
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1693/09 RESOLVED: (Court/Ainsworth)
1 That Council adopt the minutes of the Nambucca District Water
Supply Steering Committee Meeting held on 30 September 2009.
2 That the next meeting of the Nambucca District Water Supply
Steering Committee be scheduled for late January 2010.
3 That Council note that the resolution to adopt the Environmental
Impact Statement for public exhibition for a period of 8 weeks from 20
October to 15 December 2009 was tabled at the previous meeting of Council
held on 15 October 2009.
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ITEM 11.3 was
dealt with under Delegations.
ITEM 11.4 SF90 051109 Nambucca Shire Traffic
Committee Meeting - 6 October 2009
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1694/09 RESOLVED: (Court/South)
1 That the
Nambucca Shire Traffic Committee ratify the regulatory signs and facilities
associated with the pedestrian refuge, line marking and extension of the 40
km/h high pedestrian zone in Fraser Street and the 10 km/h shared zone in
Back Street, Nambucca Heads.
2 That the Nambucca Shire Traffic
Committee recommends that Council install a No Parking Zone in Willunga
Avenue from the Pacific Highway west across the frontage of the Healthcare
building.
3 1 That the Nambucca Shire Local Traffic Committee
advise Council that the request for a 50km/h speed limit does not comply
with the speed zone regulations of New South Wales.
2 That
Council note that the Police have advised that extra patrols have been successfully
implemented to the residents satisfaction.
4 1 That the Nambucca Shire Local Traffic
Committee approve following Road closures subject to advertising in
accordance with the Roads Act 1993:
Ford GT Show ‘n’ Shine –
Saturday 31 October 2009 between 7.30 am – 1.30 pm
Bowra Street, Nambucca
Heads – Ridge to Rosedale Streets
St Patrick’s School Fete –
Friday 20 November 2009 between 12 Noon – 7.00 pm
Wallace Street, Macksville, Durkin Street – Boundary Street.
2 That the
Nambucca Shire Local Traffic Committee reconsider the approvals should objections
be received.
5 1 That Council note that requirements regarding
the level of disability and most other conditions have not changed
when applying for a Disabled Parking Permit.
2 That
Council note that disabled parking permits are to be reviewed every 3 years
for eligibility.
6 That the
Macksville Gift Parade on the 14 November 2009 be approved subject to the
implementation of the Traffic Management Plan arrangements with NSW Police
and obtaining a Road Occupancy Licence from the Roads and Traffic Authority.
7 That Council
note that the Roads and Traffic Authority is to review the intersection
signage following a report that a vehicle had turned from Browns Crossing
Road into the wrong carriageway on the Pacific Highway.
8 1 That
Council note that the Roads and Traffic Authority have reviewed the request
for an extension of the 60 km/h zone south at Lower Nambucca and
advise that the existing 80 km/h speed limit is appropriate.
2 That
Council apply for funding to widen the shoulders on each side of the highway
to provide a safe school bus pull off area to address the reason for
the speed reduction request.
9 1 That
Council under delegated authority from the Roads and Traffic Authority
prohibit trucks (articulated heavy vehicles) from using the car park at the
Macksville Aquatic Centre (see General Business Item GB26/09).
2 That this
resolution be placed before the Nambucca Shire Local Traffic Committee for endorsement
once adopted by Council.
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ITEM 11.5 SF1426 051109 Review of Drought
Management Plan
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1695/09 RESOLVED: (Finlayson/Court)
That the
information on the Review of Drought Management Plan be noted by Council.
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ITEM 11.6 SF1426 051109 Revision of Water
Restriction Levels for the Nambucca Shire
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Motion: (Court/South)
That Council
endorse the proposed revisions to the Water Restriction Levels as shown in the attached document.
Amendment: (Court/South)
1 That Council endorse the proposed revisions
to the Water Restriction Levels as shown in the
attached document.
2 That outdoor
showers have flow restrictors from Level 2 and above water restrictions.
3 That with Levels 1 and 2 water restrictions
single hand held hose to have trigger on nozzles.
Further
Amendment: (Ainsworth/Finlayson)
1 That Council endorse the proposed revisions
to the Water Restriction Levels as shown in the
attached document.
2 That outdoor
showers have flow restrictors from Level 2 and above water restrictions.
3 That with Levels 1 and 2 water restrictions
single hand held hose to have trigger on nozzles.
4 That washing driveways be
allowed at Level 1 water restrictions with a trigger nozzle.
5 That road maintenance can occur
at Level 2 water restriction.
The further amendment was carried and it
became the motion and it was:
1696/09 Resolved: (Ainsworth/Finlayson)
1 That Council endorse the proposed
revisions to the Water Restriction Levels as
shown in the attached document.
2 That
outdoor showers have flow restrictors from Level 2 and above water
restrictions.
3 That with Levels 1 and 2 water
restrictions single hand held hose to have trigger on nozzles.
4 That washing driveways be
allowed at Level 1 water restrictions with a trigger nozzle.
5 That road maintenance can
occur at Level 2 water restriction.
1697/09 Resolved: (Court/South)
That the water restriction levels be
placed on Council’s website and any notice boards.
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ITEM 11.7 was dealt with under Delegations.
ASKING
OF QUESTIONS WITHOUT NOTICE
QWN280/09 - Cr. Michael Moran (Ref SF1269)
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Cr Moran tabled a list of
snags in the River as requested by NSW Maritime.
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QWN281/09 - Cr. Elaine South - Boat Sewerage Dump - Macksville
(Ref SF1269)
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Cr South informed the Director Engineering Services that recently
a boat dumping sewerage at the wharf in Macksville produced an offensive
smell.
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COUNCIL IN CLOSED MEETING
(CLOSED TO THE PUBLIC)
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1698/09 RESOLVED: (Court/Ainsworth)
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:
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.
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CLOSED MEETING
The Ordinary
Council Meeting's Meeting IN CLOSED MEETING commenced
at 7.40 pm.
RESUME IN OPEN MEETING
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1699/09 RESOLVED: (Ainsworth/South)
That Ordinary Council Meeting resume in
Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 7.44 pm
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FROM COUNCIL IN
CLOSED MEETING
ITEM
13.1 SF61 051109 T013/2009 - Tender Surf Life Saving
Services
1700/09 Resolved: (Court/Finlayson)
1 That Council accept the Tender of Surf
Life Saving Services Pty Ltd (trading as the Australian Lifeguard Services)
for the provision of Surf Life Saving Services on the Nambucca Valley Beaches
for four years as per the Director's report.
2 That Council write to Scotts Head Reserve Trust and request assistance in
funding the provision of surf life saving services.
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CLOSURE
There being no further business the Mayor
then closed the meeting the time being 7.45 pm.
Confirmed and signed by the Mayor on 19
November 2009.
CR RHONDA HOBAN
MAYOR
(CHAIRPERSON)