Ordinary Council Meeting
MINUTES OF THE Ordinary Council Meeting HELD ON 24 April 2014
The following document is the minutes of the Ordinary Council meeting held on 24 April 2014. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 15 May 2014 and therefore subject to change. Please refer to the minutes of 15 May 2014 for confirmation.
PRESENT
Cr Rhonda Hoban (Mayor) |
Cr John Ainsworth |
Cr Martin Ballangarry OAM |
Cr Brian Finlayson |
Cr Paula Flack |
Cr Kim MacDonald |
Cr Bob Morrison |
Cr Anne Smyth |
Cr Elaine South |
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ALSO PRESENT
Michael Coulter (General Manager) |
Scott Norman (AGM Corporate Services) |
Paul Gallagher (AGM Engineering Services) |
Lorraine Hemsworth (Minute Secretary) |
PRAYER
Captain Steve Dorman, Salvation Army, offered a prayer on behalf of the Nambucca Minister's Association.
DISCLOSURE OF INTEREST
Councillor A Smyth declared a non-pecuniary – less significant conflict of interest in Item 9.5 under the Local Government Act as she is a member of the Gordon Park Rainforest Walks Committee. Cr Smyth remained in the meeting for this item.
Councillor R Hoban declared a non-pecuniary - significant conflict of interest in Item 9.6 Valla Quarry - Addendum to Quarry Environmental Management Plan under the Local Government Act as Cr Hoban was involved in negotiating conditions of consent for this development prior to becoming a Councillor. Cr Hoban left the meeting for this item.
Councillor J Ainsworth declared a non-pecuniary – less significant conflict of interest in Item 9.6 Valla Quarry - Addendum to Quarry Environmental Management Plan under the Local Government Act as a Son-In-Law of a distant relative makes the occasional and irregular collection of material from the Quarry on behalf of local Trade persons. Cr Ainsworth remained in the meeting for this item.
Councillor K MacDonald declared a non-pecuniary – significant conflict of interest in Item 9.7 DA2013/129 Proposed Two(2) Lot Subdivision Lot 8 DP 1031509 – 125 Ocean View Drive, Valla Beach under the Local Government Act as she did not feel it appropriate to vote given that she was unable to attend the onsite inspection. Cr MacDonald left the meeting for this item.
Councillor K MacDonald declared a non-pecuniary – significant conflict of interest in Item 12.1 under the Local Government Act as she did not feel it appropriate to vote given that she was unable to attend the onsite inspection. Cr MacDonald left the meeting for this item.
Councillor K MacDonald declared a pecuniary interest in Item 11.2 Nambucca District Water Supply Steering Committee Meeting 2 April 2014 - under the Local Government Act as it has direct reference to Haslin who her employer is a supplier of fuel to. Cr MacDonald left the meeting for this item.
CONFIRMATION OF MINUTES - Ordinary Council Meeting 10 April 2014
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211/14 RESOLVED: (Smyth/Flack)
That the minutes of the Ordinary Council Meeting of 10 April 2014 be confirmed. |
NOTICE OF MOTION - CR Smyth
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Resolved: (MacDonald/South)
That the following Public Forums and Delegations be heard:
Public Forum: i) Mrs Janine Reed for Committee of Management on behalf of Update on Utungun Community Centre ii) Mr Neville and Mrs Maureen Ward - Maras Creek Road (Dairy) iii) Mr Doug Urquhart - Road side slashing & Active Tree Service
Delegations: ITEM 9.6 DA2001/096 240414 Modification of Consent - Valla Quarry - DA 2001/096
i) Ms Susan Jenvey - Objector ii) Dr Peter Sobey - Objector iii) Clayton Hill on behalf of Valla Quarry
ITEM 11.1 SF86 240414 Reallocation of Nambucca SES 4WD vehicle to the Nambucca District Volunteer Rescue Association (NDVRA) Rescue Squad
i) Christopher Pearson on behalf of Nambucca District VRA
Mrs Janine Reed addressed Council making the following points: · Thanked Council for holding the Council meeting at Utungun. · Utungun means “place of many frogs” · Thanked Pioneers and volunteers who support the hall · Photos around of the Hall of those who served our Nation and depicting the History of the area · Home of Nambucca Valley Entertainers · Great plans for future – hall not adequate and need to extend hall and put a shelter to one side · 100th anniversary – October Long weekend · Provided News letter
Mr Neville and Mrs Maureen Ward addressed Council making the following points: · Letter previously sent to Council regarding dairy – lots of bus and trucks turning around at Dairy’s driveway · Watch school bus doing 3 point turnaround · Workplace safety for buses · Keep drainage · Dust flowing into dairy – extend bitumen to turnaround area to help alleviate the situation
Assistant General Manager advised that he will schedule an inspection and report to Council.
Mr Doug Urquhart addressed Council making the following points: · Thanked Council for coming and provided a welcome from community · Roadside slashing – approximately 1 metre wide on roadsides - who looks after unslashed area to properties? Do we slash ourselves – it is a mess as it is a fire risk · Rubbish left on side of road by Active Tree Services – side of road going to Boat Harbour Bridge – trees left on roadside – again fire risk · Traffic lights on Taylors Arm road that have been there for approximately 2 years. Very expensive for that period. · Look at removing lights and put in “Give Way” signs
Mayor responded regarding slashing as per Council Policy and Active Tree Services being a change in Policy by Essential Energy. The RMS pays for the traffic lights
Assistant General Manager – Engineering Services stated that the final design for the repair of the road had been completed and will go to Tender within next two weeks.
Slashing – Council changed policy some time ago to do one width cut. Slash yourself – no compensation back from Council however you must get it noted on your insurance that you are doing work to maintain own entrance.
Active Trees Service – Essential Energy changed policy to trim trees and Council to collect rubbish. No indication to Council and landowners apparently. Cost shifting to landowners and Council.
Savings made on mowing passed on to improved road maintenance.
Mavis Ward addressed Council making the following points: · Condition of Taylors Arm Road and safety from Utungun to Macksville · 3 School busses travel twice a day · Bus could easily end up in river - main area around the cutting at Red Bank - barricade put up at least 15 yrs ago. Asked that a secure barricade be put up.
Mavis Ward read a letter on behalf of John Cumberland (letter tabled) · Maras creek road is unsealed from Wards Dairy to forest · Road has degraded and is dangerous and now corrugated · Risk to road users, large wheel ruts · There has been lack of maintenance and urgent maintenance required on unsealed section · Requesting removal of large tree at Smiths bend · Bus has been bogged · Depression and vegetation blocking the view at Boat Harbour Road and Taylors Arm Road · Frustration in delays at traffic control lights on Taylors Arm Road – timeline
Delegations:
Cr Hoban left the meeting for this Item at 6.07 pm and returned after the conclusion of the Item at 7.05 pm Cr Ainsworth took the Chair for the duration of this Item. Cr Hoban resumed the Chair at 7.05 pm.
ITEM 9.6 DA2001/096 240414 Modification of Consent - Valla Quarry - DA 2001/096
i) Ms Susan Jenvey addressed Council making the following points: · Disappointed in way in which matter got here report and voting process · Through 2013 92,000m3 went out of the quarry · Residents woken at 6.30am, no peace and quiet, noise level increase, dust, peak usage, deteriorated road, truck drivers speed, rocks fall out · Residents loss of amenity to walk and ride bikes · Bond money, where is footpath, no properly constructed bus stops · Geological path of blasting, vibration from blasting, house structure deteriorates · Bores have turned yellow · Increased noxious air borne particles being released in form of arsenic in dust clouds · Council is responsible for increased risk · Will keep issue elevated to next elections · 2012-2013 – illegal breaches of extraction · Poor governance – loss of Compliance Officer – State of lawlessness · Who oversees blasting charges? · Council should reflect desires of community
ii) Dr Peter Sobey addressed Council making the following points: · Thanked Councillors Flack, MacDonald and the Mayor for responding to emails · Quarry has been a source of conflict for 18 years · Inadequate consent conditions for crushing plant · Residents took Development Application to Court · Council did not campaign for better consent conditions · Will there be other Development Applications to extract more on Mt England · Concern quarry will exceed new higher output limit · Conflict from poor planning decision · Crushing plant inadequate · Change in output – every change is for quarry to be made bigger · When this quarry ends where does this stop? · s94 register exceeding output and continues and needs to shut down for 6 weeks
Councillor Flack requests specific conditions – no work on Saturdays
i) Clayton Hill on behalf of the Quarry addressed Council making the following points: · On behalf of Ross Smith · Decisions should be made on planning grounds · No increase to footprint of Quarry · No increase to plant and equipment · Only increase is to annual extraction limit · Have enclosed crushing and screening plant · Have lined dump trucks · Peak noise mitigation plan · Code of Conduct for truck drivers has been developed · Quarry employs 9 full time staff and ancillary staff – contributing to the local economy · Protecting and maximising extractive resources is important to the community – roads, buildings · Applications is substantially the same and should be approved on planning grounds · 5 properties subject to agreement and 2 properties purchased · Have been discussing with Abigroup arrangements to meet consent conditions · About 15 years resource left at proposed increased extraction rate |
ITEM 9.6 DA2001/096 240414 Modification of Consent - Valla Quarry - DA 2001/096 |
1 That Council accept the application as a modification to the existing development and approve subject to the modified conditions shown in attachment (a), additional conditions as appear in the body of the report concerning vibration and truck movement on Valla Road/interaction with resident users
2 That the modification not be released until the land purchases resolving noise issues have been finalised.
Amendment: (Morrison/MacDonald) 1 That the application be approved for a twelve (12) month period only with a review at the end of that time. 2 That there be telephone notification of proposed blasting to all residents within a 2 km radius of the quarry. 3 That the modifications not be released until the land purchases resolving noise issues have been finalised. 4 That building inspections be undertaken where requested by concerned residents, detailing the present condition of any structures on the property. 5 That the quarry operator develop an appropriate Code of Conduct for truck drivers transporting quarry product on public roads. The Code of Conduct is to be referred to Council for endorsement. 6 That Council formally request the Quarry to cease operations on a Saturday.
For the motion: Councillors Morrison, Finlayson, South, MacDonald, Ainsworth (Total 5) Against the motion: Councillors Smyth, Flack, Ballangarry (Total 3)
The amendment was carried and it became the motion and it was:
213/14 Resolved: (Morrison/MacDonald)
1 That the application be approved for a twelve (12) month period only with a review at the end of that time. 2 That there be telephone notification of proposed blasting to all residents within a 2 km radius of the quarry. 3 That the modifications not be released until the land purchases resolving noise issues have been finalised. 4 That building inspections be undertaken where requested by concerned residents, detailing the present condition of any structures on the property. 5 That the quarry operator develop an appropriate Code of Conduct for truck drivers transporting quarry product on public roads. The Code of Conduct is to be referred to Council for endorsement. 6 That Council formally request the Quarry to cease operations on a Saturday.
For the motion: Councillors Morrison, Finlayson, South, MacDonald, Ainsworth (Total 5) Against the motion: Councillors Smyth, Flack, Ballangarry (Total 3)
Note: Cr Flack requested that her vote be recorded against this item as she did not believe it was substantially the same development and should have been a new Development Application. Cr Ballangarry requested that his vote be recorded against as he doesn’t like watering down of rules and regulations.
214/14 Resolved: (MacDonald/Finlayson)
That all public submissions expressing concerns about breaches of road rules be forwarded to the Police and Local Area Command with a request for further patrols of Valla Road.
215/14 Resolved: (MacDonald/Morrison)
That Council investigate the potential for constructing a cycleway/footpath along Valla Road between the Quarry and the highway and request that the Quarry make voluntary Section 94 contributions remit voluntary contributions to fund the work. |
DELEGATIONS continued
i) Christopher Pearson on behalf of Nambucca District VRA
ITEM 11.1 SF86 240414 Reallocation of Nambucca SES 4WD vehicle to the Nambucca District Volunteer Rescue Association (NDVRA) Rescue Squad
Christopher Pearson, on behalf of Nambucca District VRA, addressed the meeting making the following points:
· Thanked Council and stated that when the 2 vehicles are to be returned to Council requested that both are retained in the Valley for Emergency Services
· All VRA members pay rates in valley amounting to $35,000 per annum
· Capital items are the hardest thing to come up with funding for. There is no central body to provide vehicles
· VRA are now attending floods
· Increased assistance required to Ambulance and beach rescues
· Increased training requirements for volunteers
· Ongoing involvement in community services
· Involved in 4 major events in valley each year eg Fords, Hot Rods, World Rally, Scotts Head Food and Wine Fair
· Value of vehicles have been written off but will continue to serve the community
· Cannot raise money for vehicles
· Can see a need for and will use both vehicles
· Garage available for both vehicles
· Worth lot more to community and serve for many years
217/14 Resolved: (Ainsworth/Finlayson)
That Items 9.7 and 11.4 be brought forward as there were interested parties in the gallery. |
Cr McDonald left the meeting for this Item at 7.28 pm and returned after the conclusion at 7.52 pm.
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.
The meeting adjourned at 7.53 pm.
The meeting resumed at 8.12 pm.
General Manager Report
ITEM 9.1 SF959 240414 Outstanding Actions and Reports |
220/14 RESOLVED: (Flack/Finlayson)
That the list of outstanding actions and reports be noted and received for information by Council. |
Item 9.6 was dealt with under Delegations.
Item 9.7 was dealt with under Delegations.
ITEM 9.9 SF1759 240414 Nambucca Shire Libraries – Progress Report |
226/14 RESOLVED: (Flack/Smyth)
That the Council receive and note this progress report for the Nambucca Shire Council Libraries. |
Assistant General Manager Corporate Services Report
228/14 RESOLVED: (MacDonald/South)
That the Accountants’ Report on Investments placed to 31 March 2014 be noted. |
229/14 RESOLVED: (Flack/Ballangarry)
That the schedule of dates for public Council meetings be noted and received for information by Council. |
ITEM 10.3 SF1031 240414 Adoption of Draft Policy - Rates Hardship |
230/14 RESOLVED: (Ainsworth/Finlayson)
That Council adopts the amended Draft Rates Hardship Policy. |
Assistant General Manager Engineering Services Report
Item 11.1 was dealt with under Delegations.
Cr McDonald left the meeting for this Item.
Item 11.4 moved forward for discussion.
ITEM 11.8 SF853 240414 Salvinia Molesta Infestation - Swimming Creek, Nambucca Heads |
237/14 Motion: (Ainsworth/Finlayson)
That Council approve the use of registered herbicides on the Salvinia Molesta infestation in Swimming Creek, following appropriate consultation, preparation of a media release and correct pesticide notification procedures, as outlined within this report.
amendment: (Flack/Smyth)
That the matter be deferred to the next Council meeting so as to provide the opportunity to investigate biological control or mechanical opening of Swimming Creek to salt water.
The amendment was carried and it became the motion and it was:
238/14 Resolved: (Flack/Smyth)
That the matter be deferred to the next Council meeting so as to provide the opportunity to investigate biological control or mechanical opening of Swimming Creek to salt water. |
CLOSURE
There being no further business the Mayor then closed the meeting the time being 9.30 pm.
Confirmed and signed by the Mayor on 8 May 2014.
CR RHONDA HOBAN
MAYOR
(CHAIRPERSON)