The following document is the minutes of the Council meeting held on 13 November 2013.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 28 November 2013 and therefore subject to change.  Please refer to the minutes of 28 November 2013 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Kim MacDonald

Cr Paula Flack

Cr Anne Smyth

Cr Bob Morrison

Cr Elaine South

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

 

 

 

APOLOGIES

 

Cr Brian Finlayson on approved leave.

 

 

PRAYER

 

Father Michael from the Catholic Church offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor PF Flack declared a non-pecuniary significant conflict of interest in Item 9.4 Master planning for the Macksville District Hospital under the Local Government Act as Cr Flack is an employee of the Mid North Coast Local Health District at Macksville Hospital.  Cr Flack left the meeting for this item.

 

Councillor R Hoban declared a non-pecuniary significant conflict of interest in Item 9.19  Valla Quarry Inspection under the Local Government Act as Cr Hoban was involved in negotiating conditions of consent in the Land and Environment Court for this quarry prior to becoming a Councillor.  Cr Hoban left the meeting for this item and did not attend the site inspection.

 

Councillor JA Ainsworth declared a non-pecuniary significant conflict of interest in Item 9.20 Boultons Crossing (Gumma Reserve) under the Local Government Act as Cr Ainsworth is on the Board of South Beach National Parks.  Cr Ainsworth left the meeting for this item.

 

Councillor K MacDonald declared a pecuniary interest in Item 10.2 2013/2014 Loan Program and the related late Item in Closed Meeting under the Local Government Act as Cr MacDonald as Cr MacDonald’s employer has the fuel contract for several of the dam contractors.  Cr MacDonald left the meeting for this item.

 

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 31 October 2013

 

1/13 RESOLVED:  (South/MacDonald)

 

That the minutes of the Ordinary Council Meeting of 31 October 2013 be confirmed.

 

 

 

NOTICE OF MOTION - CR Hoban

 

ITEM 5.1      SF1817              131113      Notice of Motion - - Request For Site Inspection DA 2013/129 Ocean View Drive Valla Beach (DA2013/129)

2/13 RESOLVED:  (Hoban/Ballangarry)

 

That Council undertake a site inspection prior to determination of DA 2013/129 and the applicant and those residents who have made submissions be advised of the time and date of the inspection.

 

 

 

NOTICE OF MOTION - CR South – LATE

 

ITEM 5.2      SF1817              131113      Notice of Motion - Pacific Highway Traffic Through Macksville (SF1009)

3/13 RESOLVED:  (South/MacDonald)

 

1        That as a matter of urgency and safety that Roads and Maritime Services be requested to place speed cameras at the northern approach/exit of the Macksville Bridge and a red light camera at the Partridge/Cooper Street intersection or Boundary Street/Highway intersection.

 

2        That Roads and Maritime Services be requested to make the left lane at the Cooper Street (Highway) and Partridge Street lights southbound a left turning lane only.

 

  

 

PUBLIC FORUM

 

Resolved:          (MacDonald/South)

 

That the following delegations be heard:

 

Ms Lesley Warren – Condition of Kesby's Road, Eungai

 

Ms Warren addressed Council making the following points:

 

·    Asked if Kesby’s Road could be sealed

·    The road is used by a lot of logging trucks

·    Wildlife on road being hit

·    There has been a lot of development in the area

·    Has owned property for 25 years

·    Would like some seal in front of her property

 

 

 

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

 

Council left the Council Chambers for a site inspection of Valla Quarry at 8.40am returned 11.00am

 

Mayor did not attend the meeting for this item and returned after the conclusion of the item at 11.02am

 

ITEM 9.19    SF1431              131113      Inspection of Valla Quarry

4/13 RESOLVED:  (Morrison/MacDonald)

 

That Council note the inspection of the Valla quarry and the location of houses in relation to the quarry.

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF1761              131113      Year End Financial Result & Statements – 30 June 2013

5/13 RESOLVED:  (Flack/Morrison)

 

1        That the Financial Statements and the Auditor’s Reports for the year ended the 30 June 2013 be received.

 

2        That the list of revotes be approved and included as subvotes for 2013/14.

 

3        That Mr Geoff Allen representing Forsyths be thanked for his attendance and presentation.

 

4        That Council’s Finance staff be thanked for their excellent work in debt recovery.

 

 

 

General Manager Report

 

Cr Flack left the meeting for this item at 2.19pm and returned after the conclusion of the item at 2.50 pm

 

ITEM 9.4      SF988                131113      Master Planning for the Macksville District Hospital (MDH)

6/13 RESOLVED:  (Ainsworth/MacDonald)

 

That Council note the information provided by representatives of the Mid North Coast Local Health District on the development of a Master Plan for the Macksville Hospital and thank the Governing Board and staff of the Mid North Coast Local Health District for their attendance at the Council meeting.

 

 

 

General Manager Report

 

ITEM 9.1      SF959                131113      Outstanding Actions and Reports

7/13 RESOLVED:  (Morrison/Ainsworth)

 

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

 

 

 

ITEM 9.2      SF669                131113      The Planning Bill 2013

8/13 RESOLVED:  (South/Ainsworth)

 

That the information concerning the Planning Bill 2013 be received.

 

 

 

ITEM 9.3      DA2012/011        131113      Provision of Link Road - Proposed 346 Lot Residential Subdivision - Alexandra Drive, Bellwood

9/13 RESOLVED:  (Ainsworth/South)

 

That Mr Geoff Smyth be allowed to address Council.

 

Mr Smyth addressed Council making the following points:

 

  • The completion of the Link Road is in the best interests of most, noting the Aboriginal community do not agree
  • Council has resolved to proceed with the Link Road
  • Issue is who is going to pay for the Link Road
  • Clients have agreed to forward fund the Link Road
  • DA for the Link Road is the easiest and cheapest path

 

10/13 Resolved: (Ainsworth/Morrison)

 

That Council provide its consent as owner for the lodgement of a development application for the construction of the Link Road on Council’s land and in the event the application is approved, Council authorise the proponent and their contractors to submit for approval detailed design plans and then to enter upon the land to construct the road and ancillary works as required.

 

For the motion:               Councillors Morrison, Ainsworth, MacDonald, South and Hoban           (Total 5)

Against the motion:         Councillors Flack, Ballangarry and Smyth                                            (Total 3)

 

Note:  Cr Flack and Cr Smyth advised that they did not support the resolution because of the environmental sensitivity, Aboriginal heritage issues, and community opposition and that no other alternatives have been considered for bush fire protection and evacuation.

 

Note: Cr Hoban, Cr Morrison and Cr Ainsworth advised that they supported the resolution to ensure that a development application occurred so there is advertising and a proper assessment of the proposed Link Road rather than allowing the applicant to undertake their own assessment without public consultation and a formal decision.

 

 

Item 9.4 was dealt with earlier in the Meeting.

 

 

 

ITEM 9.5      SF1822              131113      Minutes of the Access Committee meeting held 22 October 2013

11/13 RESOLVED: (MacDonald/South)

 

1          That a letter be sent to Nambucca Valley Care with a request that residents of Riverside Gardens be made aware of safety issues when leaving the facilities and crossing roads.

 

2          That Council note a change of Access Committee meeting date to 3 December 2013 (at 12.30pm) to coincide with International Day of People with a Disability, and further that the Committee will join with YMCA to celebrate the day commencing at 10.00am at Macksville Memorial Aquatic Centre with a launch of the YMCA Swimathon and Council’s updated Mobility Map and brochure for visitors with a disability.

 

3          That the remaining minutes of the Nambucca Shire Council Access Committee meeting held 22 October 2013 be endorsed.

 

12/13 Resolved: (South/Morrison)

 

That Council write to the Executive Committee of the Strata for the Nambucca Plaza expressing concern about the condition of the carpark, the faded directional arrows and pedestrian crossings and the potential safety/trip hazards.

 

 

 

ITEM 9.6      SF1759              131113      Nambucca Shire Library Storage

13/13 RESOLVED: (Flack/Smyth)

 

That Council note the proposed action in regard to installation of a storage container at Macksville Library to provide storage for library items.

 

 

 

ITEM 9.7      SF544                131113      Developer Contribution Status Report

14/13 RESOLVED: (Flack/Smyth)

 

1        That the Developer Contributions Status Report be received.

 

2        That the Surf Life Saving Contribution Plan works schedule be approved, to become effective from the date of Council’s approval and advertised on 21 November 2013.

 

 

 

ITEM 9.8      SF1855              131113      Environmental Levy - Nambucca Street Tree Planting Program

15/13 RESOLVED: (Smyth/Ballangarry)

 

That Council resolve to allow an additional $15,000 to be allocated from the Environmental Levy to continue the planting of Street Trees in Nambucca Heads CBD.

 

 

 

ITEM 9.9      SF1823              131113      Outstanding DA's greater than 12 months, applications where submissions received not determined from 21 October 2013 to 1 November 2013

16/13 RESOLVED: (Flack/Smyth)

 

That the applications where submissions have been received be noted and received for information by Council.

 

 

 

ITEM 9.10    SF1830              131113      Companion Animals Amendment Bill 2013 - Change to fees payable for registration

17/13 RESOLVED: (Flack/Ainsworth)

 

That Council note the changes to the Companion Animals legislation and the increase in fees to be incorporated in Council’s Revenue Policy as a legislative change effective from 1 January 2014.

 

 

 

 

ITEM 9.11    SF1823              131113      Complying Developments Approved October 2013

18/13 RESOLVED: (Ainsworth/Flack)

 

That the report of the applications be noted and received for information by Council.

 

 

 

ITEM 9.12    SF1823              131113      Construction Certificates Approved October 2013

19/13 RESOLVED: (Flack/Ballangarry)

 

That the report of the Construction Certificates be noted and received for information by Council.

 

 

 

ITEM 9.13    SF1148              131113      Council's Ranger's Report October 2013

20/13 RESOLVED: (Ainsworth/MacDonald)

 

That the report from Council’s Ranger for October 2013 be received and noted by Council.

 

 

 

ITEM 9.14    SF600                131113      Hyland Park Residential Land

21/13 RESOLVED: (MacDonald/South)

 

That Council note the status of the Hyland Park residential land.

 

 

 

ITEM 9.15    SF600                131113      Proposed Subdivision of Land Adjoining the Macksville Sewerage Treatment Plant

22/13 RESOLVED: (MacDonald/Ainsworth)

 

1        Council note the progress with the proposed subdivision of land adjoining the Macksville Sewerage Treatment Plant for the purpose of a proposed grease trap waste processing facility.

 

2        There be a further report to Council on the estimated cost of the proposed subdivision and the recommended terms of any agreement with Mr Gordon.

 

Amendment:       (Flack/Smyth)

 

That the matter be deferred pending a further report and that the report come to a Land Development Committee meeting with an on-site inspection to be undertaken.

 

The amendment was LOST

 

The motion was CARRIED.

 

 

 

ITEM 9.16    SF600                131113      Status of Land Sales

23/13 RESOLVED: (South/MacDonald)

 

That Council note the reported land sales.

 

 

 

ITEM 9.17    SF600                131113      Status of Industrial Land

24/13 RESOLVED: (Ainsworth/South)

 

1        That Council proceed to lodge a subdivision application for Lot 31 DP 248561 to create a lot which incorporates all of the Zone IN2 Light Industrial Land.

 

2        That the subdivided industrial land identified in 1. be advertised for sale with a reserve price to be determined through the agreement of the Mayor, General Manager and Manager Business Development.

 

 

 

ITEM 9.18    DA2012/069        131113      Traffic Impact Assessment - Intersection of Upper Warrell Creek Road and the Pacific Highway, Macksville

25/13 RESOLVED: (MacDonald/South)

 

The information concerning the traffic impact assessment for the intersection of Upper Warrell Creek Road and the Pacific Highway be received.

 

 

 

Item 9.19 was dealt with earlier in this Meeting.

 

 

 

Cr Ainsworth left the meeting for this item at 2.03 pm and returned after the conclusion at 2.19pm

 

ITEM 9.20    SF1823              131113      Boultons Crossing (Gumma Reserve)

Motion:      (Morrison/MacDonald)

 

That Council licence the reserve as a primitive camping area in accordance with Section 68 of the Local Government Act, Local Government (Manufactured Homes, Movable Dwellings, Caravan Parks and Camping Grounds Regulation 2005) with strict adherence to a maximum density within the reserve in the delineated camp sites of 60 combination camper vehicles/caravans and Tents with a maximum of 30 camper vehicles/caravans at any one time.

 

Amendment:       (Flack/Smyth)

 

That the matter be deferred so that the Council can see confirmation from either the Department of Planning and Infrastructure or Division of Local Government that the Council staff interpretation is correct.

 

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

 

26/13 Resolved: (Flack/Smyth)

 

That the matter be deferred so that the Council can see confirmation from either the Department of Planning and Infrastructure or Division of Local Government that the Council staff interpretation is correct.

 

 

Cr Flack returned at 3.10pm

 

ITEM 9.21    SF1875              131113      Investment Report to 31 October  2013

27/13 RESOLVED: (MacDonald/Ballangarry)

 

That the Accountants’ Report on Investments placed to 31 October 2013 be noted.

 

 

 

Assistant General Manager Corporate Services Report

 

Cr MacDonald left the meeting for this item at 3.06pm and returned after the conclusion at 3.08pm

 

ITEM 10.2    SF395                131113      2013/2014 Loan Program

28/13 RESOLVED: (Ainsworth/South)

 

That Council consider the offers from the seven financial institutions as a late item in closed.

 

 

 

ITEM 10.3    SF1120              131113      Report on NSW Heritage Grants Local Government Heritage Management - Funding Offer

29/13 RESOLVED: (Flack/Ballangarry)

 

1        That Council accept the funding offers.

 

2        That Council write to the owners of all the local heritage places advising them of the Local Heritage Grants program and inviting them to submit an expression of interest for funding under the Program.

 

3        That the Mayor and General Manager be provided with delegated authority to approve grants under the Local Heritage Grants Program. 

 

4        That the Mayor and General Manager be provided with delegated authority to appoint a Heritage Advisor.

 

 

 

ITEM 10.4    SF251                131113      Schedule of Council Public Meetings

30/13 RESOLVED: (Ainsworth/Flack)

 

That the schedule of dates for public Council meetings be noted and received for information by Council.

 

 

 

ITEM 10.5    SF300                131113      EJ Biffin Playing Fields Committee of Management AGM - 28 October 2013 - Minutes

31/13 RESOLVED: (Ainsworth/Ballangarry)

 

1        That Council endorse the Minutes of the Committee of Management for EJ Biffin Playing Fields Annual General Meeting held on 28 October 2013 and thank the outgoing Committee for their work in the past twelve months.

 

2        That Council thank Mr Trevor Keast for his contribution to the EJ Biffin Playing Fields over many years and for his countless hours of voluntary work in preparing the fields for school athletics; Little Athletics; and for his support for the youth of the area.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF1676              131113      Capital Works Report - 1 July 2013 - 30 September 2013

32/13 RESOLVED: (Smyth/South)

 

1        That the Capital Works Report for the period 1 July 2013 to 30 September 2013 be received and noted.

 

2        That the proposed variations be endorsed and included in the September 2013 budget review.

 

 

 

ITEM 11.2    SF825                131113      Disposal of Council Owned Surplus Materials and Small Equipment

33/13 RESOLVED: (MacDonald/Ballangarry)

 

That Council receive and note this report and further that there be an annual report on the items disposed of, how they were disposed of and the prices received.

 

    

 

34/13 Resolved: (Ainsworth/South)

 

That the meeting move into Closed Meeting to discuss the matters for Item 12.1 Loans Program 2013/14.

 

Reason reports are in Closed Meeting:

 

 

Cr MacDonald left the meeting at 3.47pm and returned after the conclusion of this item at 3.53 pm

 

 

 

35/13 Resolved: (Ainsworth/South)

 

That the meeting resume in Open Meeting.

 

 

12.1 - - Loans Program 2013/2014 (Ref sf395)

36/13 RESOLVED:          (Ainsworth/Ballangarry)

 

1          That Council accept the Westpac Banking Corporation loan offer of $10,000,000 at a rate of 6.74% per annum with monthly repayments of $64,795.13 over 30 years with renewal after 20 years subject to market movements and delegate authority to the General Manager to finalise the contract and effect the drawdown of funds.

 

2          That Council authorize the Mayor or Deputy Mayor and the General Manager to execute Loan Agreement for $10,000,000 at a rate of 6.74% per annum with monthly repayments of $64,795.13 over 30 years with renewal after 20 years subject to market movements.

 

3          That in the event the Westpac Banking Corporation requires the loan agreement to be executed under seal that the Council Seal be affixed to the Loan Agreement for $10,000,000 at a rate of 6.74% per annum with monthly repayments of $64,795.13 over 30  years with renewal after 20 years subject to market movements.

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 3.54 pm. 

 

Confirmed and signed by the Mayor on 28 November 2013.

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)