Minutes of Ordinary Council Meeting

NAMBUCCA SHIRE COUNCIL
Ordinary Council Meeting
MINUTES OF THE Ordinary Council Meeting HELD ON 20 May 2010

The following document is the minutes of the Council meeting held on 20 May 2010. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 3 June 2010 and therefore subject to change. Please refer to the minutes of 3 June 2010 for confirmation.

PRESENT

Cr Rhonda Hoban (Mayor)	Cr John Ainsworth
Cr Martin Ballangarry OAM	Cr Janet Court
Cr Brian Finlayson	Cr Paula Flack
Cr Mike Moran OAM	Cr Anne Smyth

ALSO PRESENT

Michael Coulter (General Manager)	Bruce Redman (Director Engineering Services)
Greg Meyers (Director Environment & Planning)	Monika Schuhmacher (Minute Secretary)

APOLOGIES

Cr South

DISCLOSURE OF INTEREST

Councillor MM Moran declared a pecuniary interest in Item 5.1 Feasibility Study of Industrial Development on Part Lot 162 in DP 614701 (Macksville Industrial Zone)(Land and Development Committee) under the Local Government Act as Cr Moran has conducted valuation for the family. Cr Moran left the meeting for this item.

CONFIRMATION OF MINUTES - Ordinary Council Meeting

CONFIRMATION OF MINUTES - Ordinary Council Meeting 6 May 2010

2141/10 RESOLVED: (Moran/Smyth)

That the minutes of the Ordinary Council Meeting of 6 May 2010 be confirmed.

NOTICE OF MOTION - CR Smyth – LATE

ITEM 5.1 SF1471 200510 Notice of Motion - Public Consultation for Proposed Library Regulation 2010

2142/10 RESOLVED: (Smyth/Flack)

That Council respond to the Draft Library Regulation 2010 with strong representations on the inadequacy of the current State Government subsidy, objecting to the fact that the per capita rate has not increased and that no provision has been made for indexation of any of the funding sources and that Council seek the support of the Shires Association through the “A” Division.

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 8.1 SF959 200510 Outstanding Actions and Reports

2143/10 RESOLVED: (Flack/Ballangarry)

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

ITEM 8.2 EF4022 200510 Retirement Of Director Engineering Services

2144/10 RESOLVED: (Flack/Smyth)

1 That Council note the impending retirement of current Director Engineering Services, Mr Bruce Redman, and thank him for his commitment, loyalty, professionalism and sheer hard work over 19 years dedicated service.

2 That Council commence recruitment of a new Director Engineering Services on a five year fixed-term renewable contract and total remuneration package of $140k per annum with the selection panel comprising the Mayor, General Manager and Manager Human Resources.

ITEM 8.3 SF21 200510 Minutes - Saleyards Advisory Working Group Meeting –

4 May 2010

Motion: (Ainsworth/Ballangarry)

1 That Council note the Saleyard Advisory Working Group’s assessment and ranking of the risks identified in the South Eastern Safety Report of the Macksville Saleyards dated January 2010.

2 That the Saleyards Advisory Working Group note the submission from Cr Moran OAM and thank him for his input.

3 That Council reconsiders budget allocation for the 2010/11 budget to allow the cost of addressing the risks identified in the South Eastern Safety Report of January 2010.

Amendment: (Moran/Finlayson)

1 That Council note the Saleyard Advisory Working Group’s assessment and ranking of the risks identified in the South Eastern Safety Report of the Macksville Saleyards dated January 2010.

2 That Council reconsiders budget allocation for the 2010/11 budget to allow the cost of addressing the risks identified in the South Eastern Safety Report of January 2010.

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

2145/10 Resolved: (Moran/Finlayson)

1 That Council note the Saleyard Advisory Working Group’s assessment and ranking of the risks identified in the South Eastern Safety Report of the Macksville Saleyards dated January 2010.

2 That Council reconsiders budget allocation for the 2010/11 budget to allow the cost of addressing the risks identified in the South Eastern Safety Report of January 2010.

2146/10 Resolved: (Court/Flack)

3 That Council receive a report on all future options for the Saleyards.

ITEM 8.4 SF394 200510 Report on Investments to 30 April 2010

2147/10 RESOLVED: (Moran/Ainsworth)

That the Accountants’ Report on Investments placed to 30 April 2010 be noted.

LAND DEVELOPMENT COMMITTEE MEETING

Cr Moran left the meeting at 5.50 pm and returned at the conclusion of this item at 5.51 pm.

ITEM 5.1 SF791 200510 Feasibility study of Industrial Development on Part Lot 162 in DP 614701 (Macksville Industrial Zone)

2148/10 RESOLVED: (Flack/Ainsworth)

1 That Council decline to make an offer for the purchase of the component of Lot 162 in DP 614701 zoned Industrial Land.

2 That in the event the component of Lot 162 in DP 614701 zoned Industrial Land is subdivided and offered for sale at public auction Council consider placing a bid of nominal value on the subject land with a view to land banking the property pending an improvement in market condition or an opportunity to economically support business in the estate.

ITEM 5.2 SF791 200510 Development options for Nambucca Industrial Land – Lot 1 884337

2149/10 RESOLVED: (Ainsworth/Court)

1 That Council subdivide and develop the Nambucca Industrial land being lot 1 in DP 88437 into six allotments with a view to submitting them for sale on the open market.

2 That Council invite Tenders for the completion of civil works required to develop the Nambucca Industrial land into six allotments and a report come to Council on the outcome of the Tender.

3 That the net proceeds of the sale of the lots created for the subdivision of lot 1 in DP 88437 be returned to the Land Development Reserve.

ITEM 5.3 SF791 200510 Land Development Update table

2150/10 RESOLVED: (Flack/Smyth)

That Council note the current status of Land Development projects and or land sales.

2150a/10 resolved: (Flack/Court)

That fast growing natives be planted on the Jellico Street lot so as to screen off the Wilson Bridge from view.

ITEM 6.1 SF1478 200510 Coronation Park Subdivision

2151/10 RESOLVED: (Ainsworth/Court)

1 That Council submit to the open market proposed lots 1, 2 and 3 from the subdivision of Lot 2 in DP 864792 on an off the plan basis at the upper range of estimated sales prices submitted by agents but in any event not less than the established reserve price.

2 That Council authorise the General Manager and the Mayor to execute the Contracts for sale and any other document required to complete the Transfer of the proposed lots.

Director Environment and Planning Report

ITEM 9.1 SF1261 200510 DEP Applications and Statistical Reports July 2009-June 2010,

2002-2010 and Certificates Received 2004-2010

2152/10 RESOLVED: (Ainsworth/Flack)

1 That Council note development application statistics and processing times for July 2009-June 2010 compared with July 2008-June 2009.

2 That Council note Occupational Certificate released for the years 2004 to 2010.

3 That Council note the statistical information for Applications and Certificates received by Council for 2004-2010.

4 That Council note the statistical breakdown of development applications thus far for the current year beginning 1 January 2010.

ITEM 9.2 SF1261 200510 Outstanding DA's greater than 12 months, applications where

submissions received not determined to 10 May 2010

2153/10 RESOLVED: (Ainsworth/Court)

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.

ITEM 9.3 SF1261 200510 DA's and CDC's Received and Determined under Delegated

Authority 28 April-10 May 2010

2154/10 RESOLVED: (Flack/Court)

That Council note the Development Applications/Complying Development Applications received and determined under delegated authority.

ITEM 9.4 SF1148 200510 Contract Regulatory Officer's Report - April 2010

2155/10 RESOLVED: (Flack/Ballangarry)

That the report from the Contract Regulatory Officer for April 2010 be received and noted by Council.

ITEM 9.5 SF281 200510 Report on Youth Week 2010 and Macksville Show Chill Out

Space 2010

2156/10 RESOLVED: (Flack/Smyth)

That Council note the success of Youth Week 2010, which included Battle of the Bands and the Art/Literature/Photography Exhibition, and the Macksville Show Chill Out Space 2010.

ITEM 9.6 SF1487 200510 Report on Access Committee and Minutes of Meeting held

27 April 2010

Motion: (Smyth/Flack)

1 That following correspondence received regarding the outcome of the review of Telstra payphone services and the Access Committee’s request that Tactile Ground Surface Indicators (TGSI) be installed at all telephones; Council seek clarification as to what stage Telstra is up to regarding implementing this access provision given that the matter isn’t addressed in its the letter of response.

2 That following advice that Telstra would be removing two payphones from Scotts Head leaving just one near the Reserve; Council write to advise that the Access Committee believes that the size and nature of Scotts Head community would warrant access to two payphones; and that if usage is low at the phone at Hibiscus Way in lieu of its removal it be relocated to another site such as Buz Brazel Fields as there is development and increased use of the sports facilities being proposed.

3 That Council write to Australia Post to seek advice as to what different styles of post boxes are available following the changes at Nambucca Heads Post Office and resulting decreased access, asking if various models are made or if models better suited to people with disabilities (particularly people who use a wheelchair) and children are available; and that Cr Smyth call in on behalf of the Committee and speak to the staff to raise the Access Committee’s concerns.

4 That Council write to the Member for Cowper, Luke Hartsuyker MP and ask him to follow up regarding the Federal Government’s review of Scooter Safety – what progress has been made to this point and could he keep Council and the Access Committee informed of developments given the level of concern about growing numbers of scooters, the lack of regulations in NSW and need for appropriate insurance?

5 That the remaining minutes be endorsed.

Amendment: (Ainsworth/Moran)

5 That the remaining minutes be endorsed.

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

2157/10 Resolved: (Ainsworth/Moran)

5 That the remaining minutes be endorsed.

2158/10 Resolved: (Court/Ainsworth)

6 That Council contact Telstra regarding relocating the payphone from the area under the fig tree in the Scotts head Reserve to a better lit and more accessible position closer to the shops at Scotts Head.

Director Engineering Services Report

ITEM 10.1 PRF53 200510 Foreshore Improvements - River Street, Macksville

Motion: (Ainsworth/Hoban)

That Council adopt the exhibited plan for improvements to the River Street foreshore as prepared by Roger Williams & Associates with one change being the replacement of the trees, Cupaniopsis anarcardioides (Tuckeroo) with Delonix regia (Poinciana).

Amendment: (Court/Smyth)

That Council adopt the plan for improvements for the River Street foreshore using Cupaniopsis anarcardioides (Tuckeroo) and that the number of trees in the top area be increased to provide for more shade in that area.

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

2159/10 Resolved: (Court/Smyth)

That Council adopt the plan for improvements for the River Street foreshore using Cupaniopsis anarcardioides (Tuckeroo) and that the number of trees in the top area be increased to provide for more shade in that area.

Note: Cr Moran requested that his vote be recorded as against this resolution.

ITEM 10.2 SF98 200510 Road Naming - Woomera Drive, Jiboru Way and Wallunka Close, Macksville

2160/10 RESOLVED: (Hoban/Ballangarry)

That this item be deferred so that Unkya Local Aboriginal Land Council has been consulted regarding appropriate local Aboriginal names.

General Purpose Committee REPORT

ITEM 11.1 SF820 200510 Quarterly Performance Review - 31 March 2009

(Item 8.1 in the General Purpose Committee)

2161/10 Resolved: (Ainsworth/Finlayson)

1 That Council note the extent to which the performance targets have been achieved for the quarter to 31 March 2010.

2162/10 Resolved: (Court/Flack)

2 That the Quarterly Performance Review be presented to Councillors for comment at the first Council meeting of the month; with comments to be received by the next business paper deadline; with the Performance Review and Councillor comments to then be considered at the following General Purpose Committee meeting.

3 That dot points in the Quarterly Performance Review be replaced by numbers.

4 That an electronic copy be provided to Councillors who may require it in that format.

ITEM 8.2 SF624 200510 Proposed Memorandum of Understanding with the Northern

Rivers Catchment Management Authority

(Item 8.2 in the General Purpose Committee)

Motion: (Flack/Ainsworth)

That the Catchment Management Board members and acting General Manager be thanked for attending and for discussing the matter.

Amendment: (Ainsworth/Finlayson)

1 That the Catchment Management Board members and acting General Manager be thanked for attending and for discussing the matter.

2 Council defer consideration of the Memorandum of Understanding until it can be considered by all Councillors.

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

2163/10 Resolved: (Ainsworth/Finlayson)

1 That the Catchment Management Board members and acting General Manager be thanked for attending and for discussing the matter.

2 Council defer consideration of the Memorandum of Understanding until it can be considered by all Councillors.

ITEM 9.1 SF1031 200510 Report on Draft Local Approvals Policy - Exemption to obtain

Section 68 Approvals under Local Government Act 1993

(Item 9.1 in the General Purpose Committee)

2164/10 Resolved: (Flack/Smyth)

1 Draft Local Approval Policy to exempt the need for approvals under section 68 of the Local Government Act 1993 for the on-site disposal of stormwater and swimming pool waste water on rural properties greater in area than 20ha be publicly exhibited in accordance with the provision of Section 160 of the Local Government Act 1993, for a period of 28 days and a period of 14 days for the receipt of any public submissions,

2 Draft Local Approvals Policy be exhibited on Council’s website.

3 The draft policy be circulated to the three (3) Private Certifiers operating within the Shire.

4 That Clause 5.2 (Backwash waste water and water from swimming pools) be amended to provide as follows:

i pools and spas to be located a minimum of 5m clear of any property boundary

or right of carriageway;

ii water containing chemicals is not to be discharged to surface drainage lines

that will permit flows into natural waterways

iii pool water must be treated to neutralise any chemical content prior to discharge

into natural waterways

iv when discharging of pool water is undertaken, the water is to drain slowly so that it soaks into the ground with minimal ponding and without running off the property or causing flooding issues

v all regular backwash water is to be disposed of to a trench with a suitable filter bag or device on the entry to the trench

vi surface drainage water from around pool area is to be disposed of to subsurface trench on site and not disposed of above ground.

ITEM 9.2 SF57 200510 Report on Draft Nambucca Shire Legionella Management Plan

(Item 9.2 in the General Purpose Committee)

2165/10 RESOLVED: (Court/Flack)

1 The draft Legionella Management Plan be adopted.

2 The Regional Office of the North Coast Area Health Service in Port Macquarie be notified of Council’s resolution.

ITEM 9.3 SF46 200510 Report on Strategic Management Plans for Nambucca Heads,

Macksville and Bowraville Cemeteries

(Item 9.3 in the General Purpose Committee)

2166/10 RESOLVED: (Flack/Ballangarry)

That each recommendation be considered separately.

2167/10 Resolved: (Hoban/Ainsworth)

1 That in the interest of cost efficiency, Council not establish any new sections for any religious faiths. Once existing denominational sections are taken up, in the interest of cost efficiency, that Council not establish any separate sections for any religious faiths in its cemeteries.

2168/10 Resolved: (Flack/Court)

2 That the following principle be included in the Policy, under Section 4.0 Principles:

To provide a cost effective and sustainable cemetery service within Nambucca Shire Council.

2169/10 Resolved: (Flack/Smyth)

3 The Draft Cemetery Policy be placed on public exhibition for a period of twenty eight (28) days with a further period of fourteen (14) days for submissions in accordance with Section 160 of the Local Government Act 1993.

2170/10 Resolved: (Ainsworth/Court)

4 New non-denominational sections be developed in the following areas of each cemetery:

Nambucca Heads – The northern end of the existing cemetery area be considered for expansion of the current non-denominational section of the cemetery.

Macksville – Eastern area of cemetery pass the northern prolongation of Hodge Street, north of Gillett Place . Consideration be given to establishing an alternate service access road to the cemetery off Hodge Street to delineate the beginning of the new multi-denominational area.

Bowraville – A non-denominational area be considered for the western area of the cemetery.

2171/10 Resolved: (Ainsworth/Finlayson)

5 The method of interment in the new non-denominational areas shall be of double depth and either side of a pre-constructed concrete beam, which will allow for the erection of headstones/monuments or plaques.

2172/10 Resolved: (Flack/Smyth)

6 The Draft Cemetery Strategic Management Plan be exhibited on Council’s website for twenty eight (28) days and the local Funeral Directors be advised of the draft plan and seek any comments.

2173/10 Resolved: (Smyth/Flack)

7 Enquiries be made through the NSW Heritage Council and National Trust by Council’s Grants Officer to ascertain what funds may be available to assist with the following works:

a Restoration of any dangerous grave sites and monuments within the cemeteries.

b Preparation of Conservation Management Plans for the three (3) cemeteries.

2174/10 Resolved: (Smyth/Court)

8 Consideration be given to establishing a reserve fund for future capital works within the cemeteries, with a maximum allocation on an annual basis of $10,000 from any surplus created from income over expenditure relating to the cemetery operations.

2175/10 Resolved: (Flack/Ainsworth)

9 That Council consider becoming a member of the NSW Cemetery and Crematoria Association in twelve months time.

ITEM 10.1 PRF15 200510 E J Biffin Playing Fields - Draft Plan of Management

(Item 10.1 in the General Purpose Committee)

2176/10 Resolved: (Ainsworth/Finlayson)

That Council adopt the E J Biffin Playing Fields Plan of Management as revised.

Note: Cr Flack and Cr Smyth requested that their votes be recorded as against this recommendation because it includes Clause A in Action 6.2.2.12.

ITEM 10.2 SF102 200510 Review of Cycleway Plan

(Item 10.2 in the General Purpose Committee)

2177/10 Resolved: (Court/Flack)

That the draft Cycleway Plan be placed on exhibition for 28 days.

ITEM 10.3 SF1391 200510 Progress Report on Cycleway Project

(Item 10.3 in the General Purpose Committee)

2178/10 Resolved: (Flack/Ballangarry)

1 That Council note the progress on the Cycleway Project on the southern approach to Nambucca Heads.

2 That Council provide a letter of congratulations to the work team on the Cycleway Project.

CLOSURE

There being no further business the Mayor then closed the meeting the time being 6.35 pm.

Confirmed and signed by the Mayor on 3 June 2010.

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)