Minutes of Ordinary Council Meeting

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

The following document is the minutes of the Council meeting held on 16 December 2010. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 20 January 2011 and therefore subject to change. Please refer to the minutes of 20 January 2011 for confirmation.

PRESENT

Cr Rhonda Hoban (Mayor)	Cr John Ainsworth
Cr Martin Ballangarry OAM (arrived at 6.10 pm)	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 Peter Lott from the Christian Life Centre offered a prayer on behalf of the Nambucca Minister's Association.

DISCLOSURE OF INTEREST

The Director Environment and Planning (Mr Greg Meyers) declared a pecuniary interest in Item 11.3 Clarification of the Role of the Local Development (Traffic) Committee under the Local Government Act as his wife is an employee for the school relating to DA2010/234. Mr Meyers left the meeting for this item.

Councillor BJ Finlayson declared pecuniary interest in Item 9.10 Review of Organisation Structure - Final Recommendations under the Local Government Act and left the meeting for this item.

CONFIRMATION OF MINUTES - Ordinary Council Meeting 2 December 2010

Resolved: (Moran/Flack)

That the minutes of the Ordinary Council Meeting of 2 December 2010 be confirmed subject to the following amendments:

Under Disclosure of Interest it was noted that Cr Moran declared a conflict of interest in Item 12.1 Sale of 18-20 Jellico Street, Macksville under the Local Government Act and left the meeting for this item. Cr Moran advised that he did not have a conflict of interest, he just left the meeting.

NOTICE OF MOTION - CR Ainsworth

ITEM 5.1 SF1471 161210 Notice of Motion - Macksville Saleyards Committee

2599/10 RESOLVED: (Ainsworth/South)

That Mr George Hicks OAM be appointed to the Macksville Saleyards Committee.

PUBLIC FORUM/DELEGATIONS

Resolved: (Ainsworth/South)

That the following delegations be heard:

ITEM 9.9 Financial Statement and Auditors Report - 30 June 2010

i) Mr Geoffrey Allen – Presentation on behalf of Forsyths Chartered Accountants

ITEM 10.1 River Street Foreshore Improvements (Item 10.1 in the General Purpose Committee)

i) Mr Luke Keogh

ii) Ms Celia Ramsay

iii) Ms Janine Reed on behalf of the Macksville & District Chamber of Commerce Inc

ITEM 9.9 SF1403 161210 Financial Statement and Auditors Report - 30 June 2010

2600/10 RESOLVED: (Hoban/Court)

That the Financial Statements and the Auditor’s Reports for the year ended the 30 June 2010 be received and Mr Geoffrey Allen thanked for his presentation.

PUBLIC FORUM/DELEGATIONS continued

Mr Luke Keogh addressed Council

· Lived in Valley for approximately 24 years

· Plum trees are just as healthy as ever

· Figs have very invasive roots

· Joan’s Army have done great job in the past

· Problem with keeping area clean – spoke with ETC and Work for the Dole can be implemented

· Has looked at Plans for foreshore development

· It would be cheaper to work with what is there rather than strip the lot and start again

· Area in front of Star does not attract people as no shade

· Problems with vandals in relation to decking around trees, decking is in other places around Shire

· Someone else could clean up from the plum trees other than Joan’s Army, who may wish to oversee this job

· Plan is elaborate for a little Council that hasn’t got much money

Ms Celia Ramsay addressed Council to a prepared statement which is on file SF1403.

Ms Janine Reed addressed Council to a prepared statement which is on file SF1403.

ITEM 10.1 PRF53 161210 River Street Foreshore Improvements (Item 10.1 in the General Purpose Committee)

2601/10 RESOLVED: (Court/Flack)

1 That Councillors be provided with a diagram of the existing River Street foreshore showing the existing structures and vegetation.

2 That Council write to Country Energy to ask if there is a way of bundling electricity cables to reduce the need for tree pruning. Further, that Country Energy be requested to perform this work as a community service to the Nambucca Valley.

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 9.1 SF959 161210 Outstanding Actions and Reports

2602/10 RESOLVED: (Finlayson/Smyth)

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

ITEM 9.3 SF1471 161210 Pensioner Rates and Charges Rebate

2603/10 RESOLVED: (Flack/Finlayson)

That Council write to the Minister for Local Government, the Hon. Barbara Perry, as well as the Opposition spokesperson, Mr Chris Hartcher, seeking a monetary increase in the pensioner rebate to be jointly funded by the State Government and councils on the ratio of 70% to 30%.

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

ITEM 9.4 SF674 161210 Coffs Coast Waste Services - Waste Processing and Resource Recovery

Motion: (Finlayson/Ainsworth)

1 Council make representations and lobby the NSW Government and the Department of Climate Change and Water, in concert with Coffs Coast Waste Service partner Councils, the Waste Management Association of Australia, other NSW Councils and the Local Government and Shires Associations of NSW, to seek to remedy elements of the new regulatory regime that unreasonably constrain waste resource recovery and which impose significant costs on our communities.

2 Council support the Waste Management Association of Australia in its representations to the Director General of the NSW Department of Environment, Climate Change and Water, to collaboratively work to address and resolve barriers to enable the production and utilisation of organic wastes for the production of renewable energy.

3 A further report be presented to Council early in the new year, with more detailed information, and independent expert advice that will recommend the way forward for mixed waste processing to satisfy the new requirements under the Protection of the Environment Operations (Waste) Regulation 2005, and Part 6, Clause 51 and 51A, of the Protection of the Environment Operations (Waste) Regulation 2005.

Amendment: (Court/South)

1 Council make representations and lobby the NSW Government and the Department of Climate Change and Water, in concert with Coffs Coast Waste Service partner Councils, the Waste Management Association of Australia, other NSW Councils and the Local Government and Shires Associations of NSW, to seek to remedy elements of the new regulatory regime that constrain waste resource recovery and which impose significant costs on our communities.

3 A further report be presented to Council early in the new year, with more detailed information and independent expert advice, that will recommend the way forward for mixed waste processing to satisfy the new requirements under the Protection of the Environment Operations (Waste) Regulation 2005, and Part 6, Clause 51 and 51A, of the Protection of the Environment Operations (Waste) Regulation 2005.

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

Motion: (Court/South)

1 Council make representations and lobby the NSW Government and the Department of Climate Change and Water, in concert with Coffs Coast Waste Service partner Councils, the Waste Management Association of Australia, other NSW Councils and the Local Government and Shires Associations of NSW, to seek to remedy elements of the new regulatory regime that constrain waste resource recovery and which impose significant costs on our communities.

3 A further report be presented to Council early in the new year, with more detailed information and independent expert advice that will recommend the way forward for mixed waste processing to satisfy the new requirements under the Protection of the Environment Operations (Waste) Regulation 2005, and Part 6, Clause 51 and 51A, of the Protection of the Environment Operations (Waste) Regulation 2005.

FURTHER Amendment: (Ainsworth/Court)

That a further report be presented to Council early in the new year, with more detailed information and independent expert advice, including any additional costs, that will recommend the way forward for mixed waste processing to satisfy the new requirements under the Protection of the Environment Operations (Waste) Regulation 2005, and Part 6, Clause 51 and 51A, of the Protection of the Environment Operations (Waste) Regulation 2005.

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

2604/10 Resolved: (Ainsworth/Court)

2605/10 Resolved: (Flack/Court)

That Council write to Coffs Harbour City Council explaining that Council’s reason for only supporting recommendation 3: That a further report be presented to Council early in the new year, with more detailed information and independent expert advice, including any additional costs, that will recommend the way forward for mixed waste processing to satisfy the new requirements under the Protection of the Environment Operations (Waste) Regulation 2005, and Part 6, Clause 51 and 51A, of the Protection of the Environment Operations (Waste) Regulation 2005; was to obtain more information with which to lobby.

ITEM 9.5 SF21 161210 Minutes of the Sale yard Advisory Working Group meeting held on 29 November 2010

2606/10 RESOLVED: (South/Finlayson)

That Council endorse the Minutes of the Saleyards Advisory Working Group meeting held on 29 November 2010.

ITEM 9.6 SF35 161210 General Manager - Delegations of Authority - Update

2607/10 resolved (Flack/South)

That Council delegate authority to the General Manager to perform functions in relation to Development Matters in accordance with the following amended Delegations arising out of the new Environmental Planning and Assessment Act:

8.3 In respect of the processing of draft LEP’s and to the extent permitted by the Act, Regulation and Council policy, to:

(a) determine matters that a planning proposal shall have regard to (subject to any specifications from the Department of Planning);

(b) determine the public authorities or bodies, other Councils and such other persons with whom to consult (subject to any specifications from the Department of Planning);

(c) determine the form, manner, place/s and timing for public exhibition of (any) Planning Proposal and draft LEP (subject to any specifications from the Department of Planning);

(d) make appropriate changes to any Planning Proposal as a result a gateway determination made by the Department of Planning under Section 56 of the Act.

(e) confirm to the Department of Planning that any minor changes to draft LEP’s conform generally to those adopted by Council, ie for insignificant changes such as different wording required by the Parliamentary Draftsman;

(f) prepare planning proposal associated with any draft LEP’s prepared under Section 55 of the Environmental Planning and Assessment Act in accordance with any delegations from the Department of Planning which may exist at the time;

(g) Report to the Minister on the result of any public consultation and public hearing related to a planning proposal and LEP’s, under Section 59 of the Environmental Planning and Assessment Act, 1979, in accordance with any delegations from the Department of Planning which may exist at the time;

(f) Report to the Minister on draft LEP’s, under Section 59 of the Environmental Planning and Assessment Act, 1979, in accordance with any delegations from the Department of Planning which may exist at the time.

ITEM 9.7 SF326 161210 Nambucca Senior Citizens Club Inc Committee of Management - Minutes of Annual General Meeting - 16 November 2010

2608/10 RESOLVED: (Ainsworth/Finlayson)

That Council endorse the Minutes of the Committee of Management for the Nambucca Senior Citizens Club’s Annual General Meeting held on 16 November 2010 and thank the outgoing Committee for their work in the past twelve months.

ITEM 9.8 SF1533 161210 Draft Report - 2010 Resident Satisfaction Survey

Motion: (Moran/Finlayson)

That the Report be noted.

Amendment: (Flack/Court)

That Jetty Research be advised that Council accepts the draft report – 2010 Resident Satisfaction Survey subject to the provision of recommendations within the Executive Summary; the provision of a classification of the “other comments” in Appendix 2; and the correction of typographical/spelling errors.

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

2609/10 Resolved: (Flack/Court)

Item 9.9 was dealt with under Public Forum/Delegations.

General Manager Report – LATE

Cr Finlayson declared a conflict of interest in this item (regarding the IT position) and left the meeting at 7.53 pm and returned after the conclusion of this item at 7.59 pm.

ITEM 9.10 SF275 161210 Review of Organisation Structure - Final Recommendations

2610/10 RESOLVED: (Ainsworth/South)

1 That the changes to the Organisation Structure as recommended in the comments by the General Manager be considered for funding in the 2011/2012 budget including the consideration of different options for an additional mowing tractor over the growing season.

2 That the position of Water Attendant and Trainee Water Attendant be recruited immediately and be the subject of a quarterly budget variation.

3 The Clarence Regional Library be advised that Council foreshadows reducing the increase in per capita contributions in new agreement due at the end of 2011.

General Manager Report – LATE

ITEM 9.11 LF3123 161210 Donation to Nambucca Valley Youth Services Centre to Enable Payment of Outstanding Rates and Charges

2611/10 RESOLVED: (Court/Ballangarry)

1 That upon receipt of a financial statement confirming the accumulated funds position of the Nambucca Valley Youth Services Centre Inc., that a “one off” donation of $3,818.98 be provided to them so as to enable the payment of outstanding rates and charges on their property at 48 Ridge Street, Nambucca Heads.

2 The donation is to be provided with a covering letter indicating that Council is unable to provide on-going funding to support the Centre.

General Manager Report – LATE

ITEM 9.12 SF394 161210 Investment Report to 30 November 2010

2612/10 RESOLVED: (Ainsworth/South)

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

General Manager Report – LATE

ITEM 9.13 SF1560 161210 World Rally Championship - Request for Assistance

MOTION: (Ainsworth/Ballangarry)

That Rally Australia be advised of Council’s support as indicated in the table to the report.

Amendment: (Flack/Smyth)

That Rally Australia be advised of Council’s in-principle support as indicated in the table to the report, conditional upon Council receiving final details and costs.

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

2613/10 Resolved: (Flack/Smyth)

That Rally Australia be advised of Council’s in-principle support as indicated in the table to the report, conditional upon Council receiving final details and costs.

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

General Manager Report – LATE

ITEM 9.14 PRF73 161210 Council Requested to Nominate Board Members for the Gaagal Wanggaan (South Beach) National Park

Motion: (Court/Ballangarry)

That Council nominate a Board Member and Deputy Board Member for the Board of Management of the Gaagal Wanggaan (South Beach) National Park

Amendment: (Hoban/Finlayson)

That interested Councillors nominate for membership on the Board Members for the Gaagal Wanggaan (South Beach) National Park by way of a show of hands.

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

2614/10 Resolved: (Hoban/Finlayson)

1 That interested Councillors nominate for membership on the Board Members for the Gaagal Wanggaan (South Beach) National Park by way of a show of hands.

Councillors Ballangarry Ainsworth indicated that they would like to be members of the Board, after a Ballot was undertaken it was declared:

2615/10 Resolved: (Hoban/Finlayson)

That Council notify National Parks and Wildlife Service that Council’s representatives on the Board for the Gaagal Wanggaan (South Beach) National Park are Cr Ainsworth with Cr Ballangarry OAM as alternate delegate.

Council adjourned at 8.36 pm.

Council resumed at 9.00 pm.

Director Environment and Planning Report

ITEM 10.1 SF1261 161210 Outstanding DA's greater than 12 months, applications where submissions received not determined to 2 December 2010

2616/10 RESOLVED: (Ainsworth/South)

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 10.2 SF1261 161210 DA's and CDC's Received and Determined under Delegated Authority 2 December 2010

2617/10 RESOLVED: (Smyth/Finlayson)

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

ITEM 10.3 SF1261 161210 DEP Applications and Statistical Reports July 2010-June 2011, 2002-2010 and Certificates Received 2004-2010

2618/10 RESOLVED: (Smyth/Finlayson)

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 10.4 SF1261 161210 Contract Regulatory Officer's Report November 2010

2619/10 RESOLVED: (Moran/Finlayson)

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

ITEM 10.5 SF1541 161210 Planning Proposal Lot 11 and 12 DP 1017408 and Lot 2 DP514920 Pacific Highway Nambucca

2620/10 RESOLVED: (Finlayson/Ainsworth)

That, pursuant with Section 56 of the EPA Act, the Planning Proposal be forwarded to the Minister for Planning for consideration through a Gateway Determination once the required fees have been paid and the additional information presented and acceptable to Council.

Note: Cr Flack requested that her vote be recorded as against this resolution as she believes it is not sustainable.

ITEM 10.6 SF1372 161210 Local Adaptation Pathways Program A Regional Approach to Climate Change Kempsey Bellingen and Nambucca

2621/10 RESOLVED: (South/Flack)

1 Council endorse the Climate Change Risk Assessment and Adaptation Strategy.

2 Council’s Strategic Planner Prepare a Climate Change Adaptation Policy for future adoption by Council to ensure that actions contained in the Climate Change Adaptation Strategy are given consideration in future decision making, policy implementation, strategy development by Council and Council staff.

3 That the final Climate Change Risk Report and Adaptation Strategy be made publicly available through Council’s Libraries and Council’s Website in order to raise awareness in relation to risks associated with Climate Change and assist interested individuals and community groups to adapt to potential future change and build community resilience.

4 That Council staff make appropriate arrangements to ensure that the requirements of the funding agreement with the Department of Climate Change and Energy Efficiency have been satisfied.

ITEM 10.7 SF1267 161210 Report on Expression Of Interest for Funding - Implementation of Nambucca River Master Plan

2622/10 RESOLVED: (Smyth/Ballangarry)

That Council note and endorse the Expression of Interest for funding under the DECCW 2011/2012 Estuary Management Program for the implementation of the high priority actions from the Nambucca River Master Plan and the Nambucca River Estuary Management Plan

Director Engineering Services Report

ITEM 11.1 SF844 161210 Nambucca District Water Supply Steering Committee Meeting Minutes - 1 December 2010

2623/10 RESOLVED: (Ainsworth/Finlayson)

1 That Council adopt the minutes of the Steering Committee Meetings held on 1 December 2010.

2 That a Project Implementation Management Plan shall be developed to include provision for hollow bearing trees that are removed as part of the pre-clearing survey to be replaced by nesting boxes of similar dimensions provided in suitable vegetation, within the catchment above the dam top water level.

3 That the Nambucca District Water Supply Newsletter be distributed to the wider community, including libraries, Council front counters and to the directly affected landholders

4 That Council accept an upper limit fee of $34,600 excluding GST from GHD to prepare an Operational Adaptive Management Strategy, including initial baseline monitoring and consultation with relevant statutory agencies.

ITEM 11.2 SF1213 161210 Landslip - Ocean and Matthew Streets Scotts Head

Motion: (Moran/South)

That Council commit $40,000 to the restoration of the landslip subject to a matching contribution from the Scotts Head Trust.

Amendment: (Flack/Ballangarry)

That Council consider committing $40,000 to addressing the landslip and as soon as possible receive a report on options for investigation including an onsite inspection and that Council seek a quote from a geotechnical expert to provide a report on the work required to stabilise the slippage and an estimate of the cost for the work.

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

2624/10 Resolved: (Flack/Ballangarry)

That Council consider committing $40,000 to addressing the landslip and as soon as possible receive a report on options for investigation including an onsite inspection and that Council seek a quote from a geotechnical expert to provide a report on the work required to stabilise the slippage and an estimate of the cost for the work.

The Director Environment and Planning left the meeting for this item at 9.35 pm and returned at the conclusion of the item at 9.51 pm.

ITEM 11.3 SF90 161210 Clarification of the role of the Local Development (Traffic) Committee

Motion: (South/Ainsworth)

1 That Council note Local Development Committees under SEPP 11 – Traffic Generating Developments have been repealed. The planning provisions previously in SEPP 11 have been updated and carried over into the Infrastructure SEPP. Clause 104 of the Infrastructure SEPP outlines the planning requirements for traffic generating development listed in Schedule 3 of the SEPP. As previously with SEPP 11, if development is proposed that meets the traffic generating criteria in Schedule 3, the RTA must be consulted. For details on consultation requirements and statutory timeframes refer to the SEPP (Clause 104).

2 That based on the above information and, as Council was not officially notified of the RTA structure change for Local Traffic Committees, the report submitted by Department of Environment and Planning including the minutes of the Local Development (Traffic) Committee held 2 November 2010 to discuss DA 2010/234 be noted.

Amendment: (Flack/Court)

That Council write to the Roads and Traffic Authority requesting formal advice about the statutory authority of the Local Development (Traffic) Committee, its terms of reference and its relationship with Council operations.

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

2625/10 Resolved: (Flack/Court)

Note: Cr Finlayson left the meeting at 10.51 pm.

General Purpose Committee REPORT

ITEM 8.1 SF1438 161210 Integrated Planning and Reporting - Community Engagement Strategy (Item 8.1 in the General Purpose Committee)

2626/10 RESOLVED: (Hoban/Flack)

That the reference to Advisory Committees in the table in the Community Engagement Strategy be deleted so as to attain general input from the community and that Council undertake separate forums for economic development and the environment.

2627/10 Resolved: (Court/Flack)

That multi media advertising of community engagement events be undertaken including advertisements in the Happynings, Observer as well as posters in libraries and Council offices, written advice to community groups, inclusion in school newsletters and letterbox drops etc.

ITEM 8.2 SF339 161210 1 Ongoing Use of Unkya Reserve, Eungai &
2 Eungai Public School Fundraiser - Ray Hadley Continuous Call and Junior Rugby League Match (Item 8.2 in the General Purpose Committee)

2628/10 RESOLVED: (Hoban/Flack)

1 That the matter be deferred to allow the Committee of Management to conduct a planning workshop that includes any interested existing and future user groups or individuals to determine a shared use arrangement.

2 That pending the result of the community workshop, that the Congarinni Pony Club be advised it may continue its existing use of the Unkya Reserve.

ITEM 8.3 SF275 161210 Review of Organisation Structure (Item 8.3 in the General Purpose Committee)

2629/10 RESOLVED: (Hoban/Flack)

1 That the information concerning changes to the Organisation Structure be received.

2 That Council put forward a motion to the “A” Division Conference seeking State Government and Opposition support for Local Government obtaining an improved share of total taxation revenue and further that the “A” Division encourage other Divisions to do likewise.

ITEM 8.4 SF275 161210 Supply of Traffic Control Services (Item 8.4 in the General Purpose Committee)

2630/10 RESOLVED: (Court/South)

1 That Council maintain its contract for traffic control services.

2 That two additional positions be created in Council’s staff structure to undertake traffic control and other labouring duties on the understanding that every effort will be made to reduce the use of contract traffic controllers.

ITEM 9.1 SF265 161210 Report on Nambucca Shire Council Domestic Solid Fuel/Wood Fire Heater Policy (Item 9.1 in the General Purpose Committee)

2631/10 RESOLVED: (Court/Ballangarry)

That Council endorse the Draft Domestic Solid Fuel/Wood Fire Heater Policy for exhibition in accordance with the requirements of the Local Government Act

ITEM 9.2 SF1031 161210 Report on Update of Development Advisory Unit (DAU) Policy (Item 9.2 in the General Purpose Committee)

2632/10 RESOLVED: (Court/South)

That Council endorse the changes to the Development Advisory Unit Pre-Lodgement Meetings Policy.

Item 10.1 was dealt with under Public Forum/Delegations.

ITEM 10.2 SF1031 161210 POLICY Review - Asset Management Policy (Item 10.2 in the General Purpose Committee)

2633/10 RESOLVED: (Court/Flack)

That Council Adopt the Asset Management Policy.

ITEM 10.3 SF1575 161210 Draft Asset Management Plan Bridges - Presentation (Item 10.3 in the General Purpose Committee)

2634/10 RESOLVED: (Court/Flack)

That the presentation on the draft Asset Management Plan for bridges be noted.

CLOSURE

There being no further business the Mayor then closed the meeting the time being 9.55 pm.

Confirmed and signed by the Mayor on 20 January 2011.

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)