NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 18 November 2010

 

The following document is the minutes of the Council meeting held on 18 November 2010.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 2 December 2010 and therefore subject to change.  Please refer to the minutes of 2   December 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)

Greg Meyers (Director Environment & Planning)

Noel Chapman (A/G Director Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

PRAYER

 

Captain Nicole Viles (Salvation Army) offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor PF Flack declared a pecuniary conflict of interest in Item 8.3 from the General Purpose Committee meeting, Integrated Water Cycle Management (IWCM) Strategy Study - Scenario 4 Report under the Local Government Act as Cr Flack stated that an on-stream dam at the top of North Arm would directly affect her family property and hence potentially affect her ability to be objective in dealing with any off stream dam decision.  Cr Flack left the meeting for this item.

 

Councillor PF Flack declared pecuniary conflict of interest in Item 12.1 from the General Purpose Committee meeting, On-River Dam at League Creek - Proposal for Modelling Potential Water Loss from In-River Discharge under the Local Government Act as Cr Flack stated that an on-stream dam at the top of North Arm would directly affect her family property and hence potentially affect her ability to be objective in dealing with any off stream dam decision.  Cr Flack left the meeting for this item.

 

Councillor PF Flack declared a pecuniary conflict of interest in Item 9.2 from the General Purpose Committee meeting, Report on DA 2010/184 - Horse Riding School and Signage under the Local Government Act as Cr Flack’s family members own property adjoining the proponent’s land.  Cr Flack left the meeting for this item.

 

Councillor JA Ainsworth declared a pecuniary conflict of interest in Item 9.7 SEPP 15 Rural Landsharing Communities under the Local Government Act as Cr Ainsworth is the owner of rural land affected by proposed SEPP 15.  Cr Ainsworth left the meeting for this item.

 

 

 

 


 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 4 November 2010

 

2531/10 RESOLVED:       (Smyth/Ballangarry)

 

That the minutes of the Ordinary Council Meeting of 4 November 2010 be confirmed..

 

 


 

NOTICE OF MOTION – LATE

 

ITEM 5.1 – SF 1471 181110       Cr. Martin Ballangarry - Notice of Motion - Request for Leave (Ref SF1471)

2532/10 Resolved:       (Ballangarry/Flack)

 

That Cr Martin Ballangarry OAM be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 26 November 2010 to 6 December 201 inclusive.

 

 

  

DELEGATIONS/PUBLIC FORUM

 

Resolved: (Ainsworth/Flack)

 

That the following delegations be heard:

 

          8.2     Scotts Head Reserve and Caravan Park (Item 8.2 in the General Purpose Committee)

          i)        Emeritus Mayor George Hicks OAM—Objector

         

          9.1     Nambucca Shire Library Operations (Item 9.1 in the General Purpose Committee)

          i)        Ms Marlene Griffin—Objector

 

          9.2     DA2010/184 181110         Report on DA 2010/184 - Horse Riding School and Signage (Item 9.2 in the General Purpose Committee)

 

          i)        Ms Rose Hyde—Objector

          ii)       Ms Lesley Callaway—objector

         iii)     Mr Murray Hicks—For the recommendations

 

 

Emeritus Mayor George Hicks OAM addressed Council making the following points:

 

ITEM 8.2           SF382            181110      Scotts Head Reserve and Caravan Park (Item 8.2 in the General Purpose Committee)

Motion:      (Ainsworth/Court)

 

1a      That Council approach the Land and Property Management Authority with a proposed change to the Master Plan being a reconfiguration of caravan sites on Council land as shown on the sketch plan (that indicates 23 spaces) submitted to the meeting.

 

1b      That, should recommendation 1a be agreed to by Council, the reconfigured plan be discussed with the Land and Property Management Authority at a General Purpose Committee meeting.

 

Amendment:       (Moran/Flack)

 

That Council conduct a public meeting with the residents of Scotts Head in regard to the future of the Scotts Head Reserve and Caravan Park.

 

The amendment was LOST.

 

The motion became the recommendation and it was:

 

2533/10 Resolved:       (Ainsworth/Court)

 

1a      That Council approach the Land and Property Management Authority with a proposed change to the Master Plan being a reconfiguration of caravan sites on Council land as shown on the sketch plan (that indicates 23 spaces) submitted to the meeting.

 

1b      That, should recommendation 1a be agreed to by Council, the reconfigured plan be discussed with the Land and Property Management Authority at a General Purpose Committee meeting.

 

NoteCouncillors Flack, Moran and Smyth requested that their votes be recorded as against this resolution .

 

2534/10 Resolved:       (Court/Ainsworth)

 

2        That a draft plan of management to re-categorise the Adin Street reserve as “Community Land General Community Use” be prepared and be placed on public exhibition for a minimum period of 42 days.

 

2535/10 Resolved:       (Court/South)

 

3        That Council staff provide a report on possible costs and revenue as per paragraph 8.2 and 10.1 of the Memorandum of Understanding.

 

2536/10 Resolved:       (Hoban/Ainsworth)

 

4        That in any negotiation with the Land and Property Management Authority, Council make clear that accepting responsibility for the maintenance and any capital upgrading of the day reserve and foreshore area will be conditional on there being no net cost to Council.

 

 

 

 


DELEGATIONS/PUBLIC FORUM continued

 

 

Ms Marlene Griffin addressed Council to a prepared statement which has been placed on file SF29.

 

 

ITEM 9.1           SF29             181110      Nambucca Shire Library Operations (Item 9.1 in the General Purpose Committee)

2537/10 Resolved:       (Smyth/Flack)

 

That the items be dealt with separately.

 

2538/10 Resolved:       (Flack/Smyth)

 

That Council advise its Clarence Regional Library partner Councils that is will consider entering into a new Draft Library Agreement conditional upon the Agreement being tied to the four year delivery program in the IPR legislation.

 

2539/10 Resolved:       (Court/Flack)

 

That Council advise its Clarence Regional Library partner Councils that the contributory library funding for Clarence Regional Library for 2011/12 should be set at a per capita increase of 10%.

 

2540/10 Resolved:       (Smyth/Flack)

 

That the Mayors and General Managers of the three Clarence Regional Library Councils have discussions regarding the level of service to be provided by the Clarence Regional Library as soon as possible.

 

2541/10 Resolved:       (Smyth/Flack)

 

That Council write to Mr Andrew Stoner MP, Member for Oxley and the Premier seeking a commitment from the Opposition to increased State funding of Public Libraries.

 

 

 


DELEGATIONS/PUBLIC FORUM continued

 

Note:  Cr Flack left the meeting at 6.40 pm and returned after the conclusion of Item 9.2 at 6.56 pm.

 

Ms Rose Hyde addressed Council making the following points:

 

Ms Lesley Callaway addressed Council making the following points:

 

Mr Murray Hicks addressed Council making the following points:


 

ITEM 9.2           DA2010/184   181110      Report on DA 2010/184 - Horse Riding School and Signage (Item 9.2 in the General Purpose Committee)

Recommendation:      (FINLAYSON/AINSWORTH)

 

1          That in accordance with Section 80(1) of the EP&A Act, DA 2010/184 for a horse riding school be approved subject to the conditions attached to this report.

 

2          That the possibility of imposing a speed limit on Grassy Road be referred to the Local Traffic Committee and that the Committee be provided with copies of submissions received.

 

For the recommendation            Councillors Court, Ballangarry, Smyth, Finlayson, Ainsworth, Moran, South                                              and Hoban Total (8)

Against the recommendation      Nil (0)

 

 

 

 


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                181110      Outstanding Actions and Reports

2542/10 RESOLVED:       (Ainsworth/Finlayson)

 

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

 

 

 

ITEM 8.2      PRF54                181110      Boultons Crossing (Gumma) Reserve - Future Management

2543/10 Resolved:       (Ainsworth/Court)

 

That Council approach the Land and Property Management Authority as a matter of urgency in regard to the future management of Boultons Crossing (Gumma) Reserve.

 

 

 


General Manager Report – LATE

 

ITEM 8.3      SF1401              181110      Alterations to SES Facilities and Replacement of Airconditioners - Nambucca Emergency Operations Centre

2544/10 RESOLVED:       (Finlayson/Ainsworth)

 

1        That Council proceed to engage Costa Builders to undertake alterations to the SES facilities at NEOC at a cost of $25,993 including GST.

 

2        That Council note the replacement of 3 air conditioners in the NEOC building.

 

3        That an expenditure of $20,000 be included in the September budget review for building alterations at NEOC and the replacement of 3 air conditioners.

 

 

 

General Manager Report – LATE

 

ITEM 8.4      SF394                181110      Report on Investments to 31 October 2010

2545/10 RESOLVED:       (Moran/Smyth)

 

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

 

 

 

DIRECTOR ENVIRONMENT AND PLANNING

 

ITEM 9.1      SF1261              181110      Outstanding DA's greater than 12 months, applications where submissions received not determined to 7 September 2010

2546/10 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.

 

 

 

ITEM 9.2      SF1261              181110      DA's and CDC's Received and Determined under Delegated Authority 13-25 October 2010

2547/10 RESOLVED:       (Moran/Ainsworth)

 

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

 

 


 

ITEM 9.3      SF1261              181110      DEP Applications and Statistical Reports July 2010-June 2011, 2002-2010 and Certificates Received 2004-2010

2548/10 RESOLVED:       (Moran/Ballangarry)

 

1          That Council note development application statistics and processing times for July 2010-June 2011 compared with July 2009-June 2010.

 

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 9.4      SF1148              181110      Contract Regulatory Officer's Report October 2010

2549/10 RESOLVED:       (Smyth/Moran)

 

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

 

 

 

ITEM 9.5      SF1406              181110      Delegation from Joint Regional Planning Panel to General Manager for Specified Applications

Motion:      (Moran/South)

 

That Council advise the Department of Planning that it will delegate to the appropriate Council Officer the following applications referred to it by the JRPP:

 

a        "Designated Development" with a Capital Investment Value of $5 million or less, whether or not submissions/objections have been received and the assessment report recommends approval;

b        "Straightforward Applications" where no submissions have been received and the assessment report recommends approval;

 

c        "Areas and Precincts" whether or not submissions/objections have been received, where the proposal is in strict accordance with the detailed planning designs/guidelines and the assessment report recommends approval.

 

Amendment:       (Finlayson/Ainsworth)

 

That Council reject the Department of Planning’s proposal and that Council restates its position, that the delegation comes to the Council.

 

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

 

2550/10 Resolved:       (Finlayson/Ainsworth)

 

That Council reject the Department of Planning proposal and that Council restate its position, ie that the delegations come to the elected Council which may then consider further delegation as appropriate.

 

 


 

ITEM 9.6      SF1409              181110      Local Growth Management Strategy - Employment Lands

Resolved: (Moran/Ainsworth)

 

Pursuant to the requirements of the Mid North Coast Regional Strategy, Council forward the Local Growth Management Strategy – Employment Lands Component to the Department of Planning for approval.

 

 

 

Note:  Cr Ainsworth left the meeting for Item 9.7 7.33 pm and returned after the conclusion of this item at 7.38 pm.

 

ITEM 9.7      SF397                181110      SEPP 15 Rural Landsharing Communities

2551/10 RESOLVED:       (Flack/South)

 

Council formally request the Department of Planning to amend SEPP 15 Rural Landsharing Communities to apply to the Nambucca LGA.

 

 

 

ITEM 9.8      SF135                181110      Report on SoE submissions from public exhibition and final 2009/10 SOE report

2552/10 RESOLVED:       (South/Moran)

 

1          It be noted there was no submissions received for the Draft 2009/10 Supplementary State of the Environment Report,

 

2          That subject to 1 above, Council adopt the 2009/2010 Supplementary State of the Environment Report and forward the final report to reach the Department of Local Government by 30 November 2010.

 

 

 

ITEM 9.9      SF265                181110      Review of Rainwater Tank Rebate Scheme

2553/10 RESOLVED:       (Flack/Moran)

 

1           That Council target the redirection of the $54,600 recently revoted under the Rainwater Tank Rebate Scheme to the installation of rainwater storage tanks, equipment and retrofitting into Council public buildings which would provide operational savings in the General Fund to the benefit of the wider community.

 

2           That Council prepare detailed costing for the purchase and installation of rainwater storage tanks and retrofitting into the non potable fittings such as toilets and urinals at its Administration Centre, the Macksville Senior Citizens and Library complex and the Macksville District Memorial Aquatic Centre.

 

3           That once detailed costing has been prepared a further report come to Council recommending the most appropriate of the three above public buildings for rainwater tank installation and retrofitting.

 

 

 


 


DIRECTOR ENVIRONMENT AND PLANNING REPORT – LATE

 

ITEM 9.10    SF1487              181110      Report on Minutes of the Nambucca Shire Council Access Committee meeting held 26 October 2010

2554/10 RESOLVED:       (Moran/Smyth)

 

1          That Council note the investigation of the access issues at the Bridge Café, Macksville and their findings that adequate access is available between the tables and the kerb.

 

2          That the remainder of the Minutes of the Access Committee held 26 October 2010 be endorsed.

 

 

Director Engineering Services Report

 

ITEM 10.1    SF98                  181110      Road Naming South Macksville Urban Release Area

2555/10 RESOLVED:       (Finlayson/Smyth)

 

1        That Council adopt the road naming theme of Aboriginal names for natural features for the South Macksville Urban Release Area.

 

2        That Council endorse the list of Gumbaynggirr road names as prepared for developers to choose from when naming roads within the South Macksville Urban Release Area.

 

NoteCr Moran requested that his vote be recorded as against this resolution.

 

 

 

ITEM 10.2    SF90                  181110      Application for B-Double Route from Burgundy Heights Pty Ltd

2556/10 RESOLVED:       (Flack/Finlayson)

 

That the application for a B-Double route, be refused due to safety issues on unsealed Old Coast Road.

 

NoteCr Moran requested that his vote be recorded as against this resolution.

 

  

 

General Purpose Committee REPORT

 

ITEM 11.1         SF1533          181110      Community Satisfaction Survey (Item 8.1 in the General Purpose Committee)

2557/10 RESOLVED:       (Flack/Court)

 

That Council note and thank Mr James Parker from Jetty Research Pty Ltd for his presentation on Council’s 2010 Community Satisfaction Survey.

 

 

Item 8.2 was dealt with under Public Forum/Delegations.

 

 

 


 

Cr Flack left the meeting for Item 8.3 and Item 12.1 (it was resolved to bring this Item forward) at 7.45 pm and returned after the conclusion of Item 12.1 at 7.54 pm.

 

ITEM 8.3           SF614            181110      Integrated Water Cycle Management (IWCM) Strategy Study - Scenario 4 Report (Item 8.3 in the General Purpose Committee)

2558/10 RESOLVED:       (Court/Smyth)

 

1        That Council adopt Scenario 4 as the preferred IWCM Strategy which includes proceeding with the Bowraville Off River Storage, subject to the promised Federal Government funding being available for the early works and completion being subject to the promised State Government funding.

 

2        That Council engage the NSW Department of Public Works – Water Solutions to prepare Water and Sewerage Strategic Business Plans and Development Servicing Plans for the amount of $30,000 plus GST and $24,000 plus GST.  The plans shall be based on the capital works program adopted in the revised Scenario 4 IWCM Strategy and provide options for pegging developer contributions at approximately the levels charged by Coffs Harbour City Council.

 

3        That Council prepare a newsletter to go out with the next Water Rates Notice, that advises the community of how a review of the IWCM strategy has reduced its capital cost by $20m; how Council has been promised grants of $10m and $16m by the Federal and State Governments respectively; how Council is planning to proceed with the revised IWCM Strategy, how the Off-River Storage fits into this strategy; and the likely impact on rates and developer charges.

 

NoteCr Moran and Cr Finlayson requested that their votes be recorded as against this recommendation.

 

 

 

2559/10 Resolved:       (Court/South)

 

That Item 12.1 be brought forward and dealt with immediately after Item 8.3.

 

 

ITEM 12.1         SF182            181110      On-River Dam at League Creek - Proposal for Modelling Potential Water Loss from In-River Discharge (Item 12.1 in the General Purpose Committee)

2560/10 RESOLVED:       (Finlayson/Ainsworth)

 

1        That the information concerning the proposal for modelling potential water loss from in-river discharge between an on-river dam at the junction of North Arm and League Creek and the Bowraville borefield be received.

 

2        That NSW Public Works be thanked for supplying their consultancy proposal and be advised that Council has decided not to proceed with the work.

 

3        That Council not proceed with the construction of an on-stream dam at League Creek.

 

 

 

ITEM 8.4           SF820            181110      Quarterly Performance Review - 30 September 2010 (Item 8.4 in the General Purpose Committee)

2561/10 RESOLVED:       (Flack/Court)

 

That Council note the extent to which the Performance Targets have been achieved for the quarter to 30 September 2010.

 

 

 

Item 9.1 was dealt with under Public Forum/Delegations.

 

 

 

Item 9.2 was dealt with under Public Forum/Delegations.

 

 

 

ITEM 10.1         SF1575          181110      Asset Management Plans - Draft Bridge Asset Management Plan (Item 10.1 in the General Purpose Committee)

2562/10 RESOLVED:       (Flack/Hoban)

 

That Council endorse the proposed approach to the preparation of Asset Management Plans

 

 

 

ITEM 10.2         SF1031          181110      POLICY Review - Asset Management Policy (Item 10.2 in the General Purpose Committee)

2563/10 RESOLVED:       (Flack/Court)

 

That this item be deferred to the next General Purpose Committee meeting.

 

 

   

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.55 pm. 

 

Confirmed and signed by the Mayor on 2 December 2010.

 

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)