Minutes of Ordinary Council Meeting

NAMBUCCA SHIRE COUNCIL
Ordinary Council Meeting
MINUTES OF THE Ordinary Council Meeting HELD ON 16 September 2010

The following document is the minutes of the Council meeting held on 16 September 2010. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 7 October 2010 and therefore subject to change. Please refer to the minutes of 7 October 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 Elaine South
Cr Anne Smyth

ALSO PRESENT

Michael Coulter (General Manager)	Noel Chapman (A/g Director Engineering Services)
Greg Meyers (Director Environment & Planning)	Monika Schuhmacher (Minute Secretary)

PRAYER

Pastor Jon Ventham from C3 Church offered a prayer on behalf of the Nambucca Minister's Association.

DISCLOSURE OF INTEREST

Councillor PF Flack declared a pecuniary interest in GPC Item 8.3 Nambucca Water Supply—Dam Options under the Local Government Act as an on-stream dam would directly affect her family home and property. Cr Flack left the meeting for this item.

Councillor R Hoban declared a pecuniary interest in GPC Item 8.4 S94 Developer Contributions—Smiths Lane under the Local Government Act as Cr Hoban’s relatives who own land either side of Smiths Lane will be financially impacted by Council’s decision. Hoban left the meeting for this item.

Councillor MM Moran declared a pecuniary interest in GPC Item 8.4 Developer Contributions—Smiths Lane under the Local Government Act as Cr Moran has undertaken valuation for an adjoining neighbour. Cr Moran left the meeting for this item.

Councillor JA Ainsworth declared a non-pecuniary significant conflict of interest in GPC Item 9.2 Nambucca LEP under the Local Government Act as the Taree Lands is an immediate neighbour. Cr Ainsworth left the meeting for this item.

Councillor JE Court declared a pecuniary interest in GPC Item 9.2 1(e) Nambucca LEP under the Local Government Act as Cr Court lives near Matthew Street, Scotts Head. Cr Court left the meeting for this item.

Councillor A Smyth declared a non-pecuniary significant conflict of interest in Item 9.2 Nambucca LEP (Outstanding Actions DA 2004/136) under the Local Government Act as the item relates to a development which was the subject of a court case in which the Nambucca Valley Conservation Association was a party and Cr Smyth was a member of the NVCA during the period of the court case. Cr Smyth left the meeting for this item.

Councillor PF Flack declared a non-pecuniary significant conflict of interest in 9.2 Nambucca LEP (Outstanding Actions DA 2004/136) under the Local Government Act as Cr Moran initiated discussion regarding a past legal action against Nambucca Shire Council regarding DA 2004/136 by Nambucca Valley Conservation Association. Cr Flack was an executive member of NVCA prior to the legal action. Cr Flack left the meeting for this item.

DISCLOSURE OF INTEREST continued

Councillor A Smyth declared a non-pecuniary less significant conflict of interest in Item 10.7 Biennial Quotations/General Works—Delegated Authority under the Local Government Act as one of the recommended contractors is Cr Smyth’s neighbour.

CONFIRMATION OF MINUTES - Ordinary Council Meeting

2 September 2010

2385/10 Resolved: (South/Hoban)

That the minutes of the Ordinary Council Meeting of 2 September 2010 be confirmed.

Cr Moran – questions from Estuary Committee meeting which were not carried over to the minutes;

1 South Beach

2 Houseboat - problems with Maritime Services Board

Cr Hoban advised that the minutes do not record all questions/discussions which occur at a meeting and that the questions were answered by the Director at the meeting.

PUBLIC FORUM

The following public representations be heard:

i) Ms Linda Lang—Review of speed Limits on Pacific Highway, Nambucca Heads to Valla

ii) Mr Graham Hughes—Trees Removal, River Street, Macksville

Ms Lang addressed Council to prepared speaking notes which are on file.

2386/10 Resolved: (Hoban/Court) SF725 REVIEW OF SPEED LIMITS PACIFIC

HIGHWAY – VALLA TO NAMBUCCA HEADS

1 That Council write to Minister for Roads, RTA and the Nambucca Shire Local Traffic Committee reiterating concerns raised by Ms Lang and quoting statistics provided and requesting a review of speed limits on that section of the Pacific Highway and pending the construction of the dual carriageway, consider the implementation of median barriers in the interim.

2 That the Traffic Committee also be asked to request the RTA to declare the area a Blackspot.

Mr Graham Hughes addressed Council to prepared speaking notes, which are on file, regarding his objection to the removal of trees from the River Street foreshore Macksville. There were no resolutions by Council.

ASKING OF QUESTIONS WITH NOTICE

QWN53/10 - Cr. Michael Moran - Local Government Association - Nomination for President (Ref SF640)

Why did the Mayor and General Manager support Keith Rhoades’ nomination as President of the Local Government Association?

The General Manager’s response:

The media item was in fact incorrect. The minutes of the MIDGOC meeting indicate there was no motion concerning the matter and no vote.

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 SF640 160910 LGSA Convention - One Association Taskforce Recommendations - 16 August 2010

2387/10 RESOLVED: (Ainsworth/Finlayson)

That Council note Cr Ainsworth’s report on the LGSA Convention—One Association Taskforce Recommendations — which he attended on behalf of the Mayor on 16 August 2010.

ITEM 8.2 SF959 160910 Outstanding Actions and Reports

2388/10 RESOLVED: (Smyth/South)

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

2389/10 Resolved: (Flack/Smyth)

That, in regard to Item 1 – Notice of Motion Riverbank Erosion – Riverside Drive Nambucca Heads, Council request GHD to expedite completion of Project No 1 and provide a time line for same.

ITEM 8.3 SF1477 160910 Proposed Sale to Nambucca Valley Bridge Club - Revision of Development Terms

2390/10 RESOLVED: (Court/South)

That Council amend the terms of the proposed restriction on use burdening proposed lot 21 being a subdivision of Lot 2 1004209 by deleting restriction numbered 2 and 3 of the proposed section 88b instrument.

ITEM 8.4 E014/2010 160910 Expression of Interest for Advisory Services

Motion: (Flack/Ballangarry)

That Council accept the tender from CPG Research & Advisory Services for the supply of Council’s Investment Advisory Services for the period 1 July 2010 to 30 June 2015, in accordance with the terms and conditions stated in its tender response.

Amendment: (Moran/Ainsworth)

That, prior to accepting any tender, Council requests a report from CPG Research & Advisory Services asking how much capital funds Council has lost in the global financial crisis.

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

2391/10 Resolved: (Moran/Ainsworth)

That, prior to accepting any tender, Council requests a report from CPG Research & Advisory Services asking how much capital funds Council has lost in the global financial crisis.

ITEM 8.5 SF640 160910 Local Government and Shires Associations of NSW - Discussion Paper - Modernising Local Government

2392/10 RESOLVED: (Ainsworth/South)

That the information concerning the Discussion Paper ‘Modernising Local Government’ be received.

ITEM 8.6 SF136 160910 Comparative Information on NSW Councils 2008/2009

2393/10 RESOLVED: (Moran/Finlayson)

That the information concerning the comparative information on NSW Councils for 2008/2009 be received.

ITEM 8.7 SF785 160910 Good Sports Community Partnership Proposal

2394/10 RESOLVED: (Ainsworth/Court)

1 That Council provide $2,200 funding for a 12 month trial of the Good Sports program.

2 That further funding be conditional upon the outcome of a 12 month evaluation report to be submitted to Council and also that the funds are available.

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

ITEM 8.8 SF313 160910 Eungai District Community Council Committee of Management AGM - 17 August 2010 - Minutes

2395/10 RESOLVED: (South/Ballangarry)

That Council endorse minutes of the Committee of Management for the Eungai District Community Council’s Annual General Meeting held on 17 August 2010, and thank the outgoing Committee for their work in the past twelve months.

ITEM 8.9 SF588 160910 Nambucca District Historical Society Committee of Management AGM - 17 August 2010 - Minutes

2396/10 RESOLVED: (Ainsworth/South)

That Council endorse the minutes of the Committee of Management for the Nambucca District Historical Society’s Annual General Meeting held on 17 August 2010, and thank the outgoing Committee for their work in the past twelve months.

ITEM 8.10 SF323 160910 Nambucca Entertainment Centre Committee of Management AGM - 18 August 2010

2397/10 RESOLVED: (Smyth/Finlayson)

That Council endorse the minutes of the Committee of Management for the Nambucca Entertainment Centre’s Annual General Meeting held on 18 August 2010, and thank the outgoing Committee for their work in the past twelve months.

General Manager Report – LATE

ITEM 8.11 SF394 160910 Report on Investments to 31 August 2010

2398/10 RESOLVED: (Moran/Ballangarry)

That the Accountants’ Report on Investments placed to 31 August 2010 be noted.

Director Environment and Planning Report

ITEM 9.1 SF1261 160910 DA's and CDC's Received and Determined Under Delegated Authority 24 August 2010 to 7 September 2010

2399/10 RESOLVED: (Court/Finlayson)

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

Note: In regard to 2004/136 Cr Flack and Cr Smyth declared a pecuniary interest in this item and left the meeting at 6.47 pm returning following the conclusion of discussion regarding this matter, at 6.50 pm.

ITEM 9.2 SF1261 160910 Outstanding DA's Greater Than 12 Months, Applications Where Submissions Received Not Determined to 7 September 2010

2400/10 RESOLVED: (Ballangarry/Finlayson)

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 SF1148 160910 Contract Regulatory Officer's Report August 2010

2401/10 RESOLVED: (Moran/Court)

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

ITEM 9.4 SF799 160910 Report on 2011 Seniors Week Proposed Event and Application for Funding

2402/10 RESOLVED: (Court/Ballangarry)

That Council endorse "A Celebration In Dance" proposed for Wednesday 23 March 2011 at the Nambucca Heads RSL Club and the application for funding, which has been submitted.

ITEM 9.5 SF1487 160910 Report on Access Committee Meeting Held 24 August 2010

2403/10 RESOLVED: (Moran/Ainsworth)

That Council endorse the Minutes of the Access Committee Meeting held 24 August 2010.

ITEM 9.6 SF1269 160910 Collector District Census Maps

2404/10 RESOLVED: (Moran/Finlayson)

That Council note the content of this report and take no further action.

Director Engineering Services Report

ITEM 10.1 SF741 160910 Paveline Patching Machine - Operation

2405/10 RESOLVED: (South/Ainsworth)

1 That the report on the operations of the Paveline for July 2009 to June 2010 be noted.

2 That a further report be prepared of the half year July 2010 to December 2010 for comparison with the same period in the previous year.

2406/10 Resolved: (Hoban/Court)

3 That Council write to all quarries identified as being in reasonable proximity advising the operators of the specifications required for the material and providing a general indication of the volume of material purchased by Council and enquire whether they have considered purchasing the equipment necessary to produce such a product.

ITEM 10.2 SF1310 160910 Nambucca Heads Sewerage Augmentation - Variation to Increase the Size of Sludge Lagoons

2407/10 RESOLVED: (Finlayson/Moran)

That Council accept the variation submitted by Monadelphous Engineering Pty Ltd for the maximum amount of $249,636 plus GST to increase the size of the northern most sludge lagoon at the Nambucca Sewage Treatment Works.

2408/10 Resolved: (Moran/Finlayson)

That Council pursue the potential of recovering the cost from the Public Works Department.

ITEM 10.3 T023/2010 160910 Tender - T023/2010 Supply and Lay Asphaltic Concrete (Hotmix)

2409/10 RESOLVED: (Court/Ainsworth)

That Boral Asphalt be accepted as the preferred contractor for 2010-2012 for T023/2010 for the supply and laying of Asphaltic Concrete (Hotmix) at the rates listed:

Supply and Lay Asphaltic Concrete $198.00 per tonne including GST

Supply Ex Bin $166.10 per tonne including GST.

ITEM 10.4 T030/2010 160910 Tender - T030/2010 - Supply of Traffic Control Services

2410/10 RESOLVED: (Moran/Ainsworth)

That Mid Coast Traffic Services be accepted as the preferred Contractor for 2010-2012 for T030/2010 for the Supply of Traffic Control Services at a base rate of $51.15 per person including GST for the supply of labour and signs.

2411/10 Resolved: (Hoban/Ainsworth)

That Council receive a report outlining the advantages and disadvantages of using contracted traffic control compared to Council staff.

ITEM 10.5 Q020/2010 160910 Quotation - Q020/2010 - Welding

2412/10 RESOLVED: (Moran/Court)

That Sable Engineering be accepted as the preferred Contractor for 2010/2012 at the total price inclusive of GST as detailed below:

Part A General Welding $93.50/hr including GST

Part B Standard Fencing $346.50 per metre including GST.

ITEM 10.6 Q035/2010 160910 Quotation - Q035/2010 - Tree Lopping and Chipping

2413/10 RESOLVED: (Court/South)

That the quotation submitted by Langham Tree Services be accepted as the preferred contractor at the rates, (including GST) as listed below:

Establishment Fee $ 0.00

Tree Pruning/Felling $132.00

Chipper Hire $ 88.00

Cherry Picker Hire $ 77.00

Stump Grinding $187.00

Additional: Labour Rate $ 44.00.

ITEM 10.7 SF755 160910 Biennial Quotations/General Works - Delegated Authority

2414/10 RESOLVED: (Moran/Ainsworth)

That Council note the list of services and contractors accepted for general works biennial contracts for 2010/2012 under ‘Delegated Authority’.

General Purpose Committee REPORT

ITEM 8.1 SF1438 160910 Integrated Planning and Reporting Legislation - Briefing on Program to Implement New Requirements (Item 8.1 in the General Purpose Committee)

2415/10 RESOLVED: (Hoban/Moran) (Hoban/Moran)

That the presentation by Morrison Low on the implementation of the Integrated Planning and Reporting legislation be received.

2416/10 Resolved: (Hoban/Moran)

That Stephen Bunting be thanked for the presentation.

ITEM 8.2 SF1031 160910 Review of Council Policies (Item 8.2 in the General Purpose Committee)

2417/10 RESOLVED: (Hoban/Finlayson)

That the item be deferred and that more time be allowed for discussion.

Note: Cr Flack left the meeting for this Item at 7.33 pm and returned following the conclusion of the item at 7.34.

ITEM 8.3 SF182 160910 Nambucca Water Supply - Investigation of Dam Options on the Nambucca River at League Creek and Gravelly Creek (Item 8.3 in the General Purpose Committee)

2418/10 RESOLVED: (Court/Smyth)

1 That each recommendation be dealt with individually.

2419/10 Resolved: (Court/Ainsworth)

2 That Council receive a report that provides more detail on the delivery of water from an on-stream dam and its collection at the borefield.

2420/10 Resolved: (Finlayson/Ainsworth)

3 That Council note the response from the NSW Public Works in regard to the preferred delivery of water via a pipeline and the requirement of a fish ladder.

4 That Council receive the amended report from the NSW Public Works Nambucca Water Supply – Investigation of On-Stream Water Storages.

Note: Councillors Hoban and Moran left the meeting for this item at 7.35 pm and returned following the conclusion of this item at 7.36. The Deputy Mayor, Cr Court, took Chair for the duration of this item.

ITEM 8.4 RF400 160910 Section 94 Developer Contributions - Smiths Lane Local Roads and Traffic Contribution Plan 2010 (Item 8.4 in the General Purpose Committee)

2421/10 RESOLVED: (Smyth/Ballangarry)

1 That Council note that a submission has been made seeking approval to increase the cap for contributions for this plan to a maximum of $30,000.

2 That Council adopt the Smiths Lane Local Roads and Traffic Infrastructure Developer Contribution Plan 2010 with amendments as detailed in this Report

For the Motion: Councillors Court, Ballangarry , Flack, Smyth, Finlayson, Ainsworth, South

Total (7)

Against the Motion: NIL

Note: The Mayor resumed the Chair at 7.36.

ITEM 8.5 LF3474 160910 Request to Acquire Road Reservation (Embankment) in front of 17-19 Bowra Street, Nambucca Heads (Item 8.5 in the General Purpose Committee)

MOTION: (Flack/Hoban)

1 That Council advise the owner of No’s 17-19 Bowra Street that it would consider the closing and sale of the adjoining section of road reservation in conjunction with a development application for the redevelopment of all of the land.

2 That Council undertake works to stabilise the embankment with landscaping and/or geotextile, the final design to be determined by Council’s Engineering Designer.

3 That Council make a contribution of $800 towards the replacement of the boundary fence at No 17 Bowra Street.

An amendment was moved on the motion of Cr Moran:

That Council advise the owner of No’s 17-19 Bowra Street that it would consider the closing and sale of the adjoining section of road reservation in conjunction with a development application for the redevelopment of all of the land.

The amendment lapsed for the lack of a seconder.

2422/10 Resolved: (Flack/Hoban)

2 That Council undertake works to stabilise the embankment with landscaping and/or geotextile, the final design to be determined by Council’s Engineering Designer.

3 That Council make a contribution of $800 towards the replacement of the boundary fence at No 17 Bowra Street.

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

2423/10 Resolved: (Flack/Court)

4 That Council staff consider Options to minimise stormwater entering the area.

ITEM 9.1 SF998 160910 Report on Strategies to Address the Ageing Population (Item 9.1 in the General Purpose Committee)

2424/10 RESOLVED: (Court/Finlayson)

That Council note the report on the various strategies which have been or are being developed to address the ageing population, together with the comments from other Council Officers which highlight possible future initiatives.

Cr Court left the meeting for recommendation 1(e) at 7.38 pm and returned following the conclusion of this item at 7.39 pm.

ITEM 9.2 SF241 160910 Nambucca LEP 2010 as made on 30 July 2010 (Item 9.2 in the General Purpose Committee)

2425/10 RESOLVED: (Hoban/Finlayson)

That Council deal with recommendation 1(e) first and then recommendation 2.

2426/10 Resolved: (Finlayson/Ainsworth)

1 That pursuant to the clause 55 of the Environmental Planning and Assessment Act 1979, Council prepare a Planning Proposal for each of the following items as appropriate following further discussions with the Department of Planning, and the Planning Proposal/s be submitted to the Minister for Planning for consideration under clause 56 of the Act:

e Land at Matthew Street, Scotts Head be amended to include a 0.4:1 Floor Space Ratio in accordance with the Urban Design Strategy prepared by Bennell and Associates.

For the Motion: Councillors Ballangarry , Flack, Smyth, Finlayson, Ainsworth, Moran, South and Hoban Total (8)

Against the Motion: NIL

Note: Cr Ainsworth left the meeting for recommendation 2 at 7.39 pm and returned following the conclusion of recommendation 2, at 7.40 pm.

2427/10 Resolved: (Court/South)

2 That the owners of the following land be advised that their land was not zoned R5 Large Lot Residential with a 1ha minimum Lot size as resolved by Council and the owners be provided with a copy of the advice provided by the DoP:

· Lot 103 and 105 DP819474 Wilson Road Congarinni (Pireki); and

· Lot 2 DP 773170 166 Bald Hill Road (Taree Lands)

For the Motion: Councillors Court, Ballangarry , Flack, Smyth, Finlayson, Moran, South and Hoban Total (8)

Against the Motion: NIL

Note: The Director Environment and Planning left the meeting for recommendation 1a, at 7.40 pm and retuned following the conclusion of this recommendation, at 7.41 pm.

2428/10 Resolved: (Ainsworth/Finlayson)

a The following Land be reclassified from Community land to Operational land pursuant to clause 30 of the Local Government Act 1993:

· Part Lot 31 DP248561 Yarrawonga St;

· Part Lot 40 DP711098 Kingsworth Estate; and

· Lot 163 DP822649 Eungai (Eungai Pre School)

b That Council owned Operational Land at Coronation Park (Lot 2 DP864792) be amended in accordance with Council’s previous resolutions under Nambucca LEP 1995 amendment no. 42 listed below:

· Zone Maps be amended to R1 General Residential;

· Lot Size Maps be amended to 450sqm;

· Height of Building Maps be amended to 8.5m; and

· Floor Space Ratio Maps be amended to 0.55:1.

c Lot 2 DP 1071503 Uriti Road Macksville be amended to include a height limit of 8.5m to reflect other R1 General Residential Land in the shire and previous resolutions of Council.

d To ensure consistency with SEPP (Affordable Rental Housing) secondary dwellings be made a permissible use in the R5 Large Lot Residential Zone.

f Clause 4.2 Rural Subdivision be amended or a new local provision be included to ensure that a subdivision resulting in a lot less than the minimum lot size may occur on rural land where it is related to a permissible land use and does not result in an additional dwelling entitlement.

g That Council amend schedule 1 of the Nambucca Local Environmental Plan 2010 to enable Lot 11 DP 805157 Dudley Street, Macksville to be subdivided for the purpose of creating a three hectare(or similar sized) allotment for use as an educational establishment.

For the Motion: Councillors Court, Ballangarry , Flack, Smyth, Finlayson, Ainsworth, Moran, South and Hoban Total (9)

Against the Motion: NIL

2429/10 Resolved: (Finlayson/Ainsworth)

3 The owners of land bounded by Wellington Drive, Lower Lee Street, Buckman Lane, and Bay Street Nambucca Heads, be advised that the maximum building height on this land is 8.5m and a copy of the DoP advice be provided to these owners. The owners should also be advised that if they wish to provide Council with a predetermined height limit based on sound design considerations, Council will consider a future planning proposal to amend the height limit.

For the Motion: Councillors Court, Ballangarry , Flack, Smyth, Finlayson, Ainsworth, Moran, South and Hoban Total (9)

Against the Motion: NIL

ITEM 10.1 SF629 160910 Tree Removal Pruning Application - 4 Kite Street, Nambucca Heads (Item 10.1 in the General Purpose Committee)

2430/10 RESOLVED: (Flack/Court)

That the application for the removal of two Blackbutt trees Merry Park, Nambucca Heads be refused as the trees are not an immediate threat to the property of 4 Kite Street , Nambucca Heads.

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

ITEM 10.2 SF629 160910 Tree Removal Pruning Application - 4 Lackey Street, Nambucca Heads (Item 10.2 in the General Purpose Committee)

2431/10 RESOLVED: (Flack/Court)

That the application for the removal of three Norfolk Island Pines adjacent to 4 Lackey Street, Nambucca Heads be refused on the basis that the trees are healthy and impose no direct threat to the property.

CLOSURE

There being no further business the Mayor then closed the meeting the time being 7.41 pm.

Confirmed and signed by the Mayor on 7 October 2010.

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)