PRESENT
Cr John Ainsworth (Deputy Mayor)
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Cr Martin Ballangarry OAM
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Cr Brian Finlayson
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Cr Paula Flack
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Cr Bob Morrison
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Cr Elaine South
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ALSO PRESENT
Michael Coulter (General Manager)
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Scott Norman (AGM Corporate Services)
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Paul Gallagher (AGM Engineering Services)
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Monika Schuhmacher (Minute Secretary)
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APOLOGIES
Cr Rhonda Hoban (Mayor)
Cr Anne Smyth
Cr Kim MacDonald
PRAYER
Pastor Paul Richardson from the Seventh Day Adventist Church offered a prayer on behalf of the Nambucca Minister's
Association.
DISCLOSURE OF INTEREST
Councillor JA
Ainsworth declared a non-pecuniary less significant conflict of interest in
Item 9.4 Development Application DA2013/170 under the Local Government
Act as Cr Ainsworth advises that (i) the applicant is a remote relative (ii) he
has no business association with that person, and (iii) he has no more social
contact with that person than with other residents of the Shire.
CONFIRMATION OF MINUTES - Ordinary Council
Meeting 31 July 2014
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391/14/14 RESOLVED: (South/Flack)
That the minutes of the
Ordinary Council Meeting of 31 July 2014 be confirmed subject to the
following:.
Page 12 Item 11.6 Resolution
should read: That Council continue to carry out the testing of river
water in the North and South Arms specifically related to base line
monitoring for mining activity and testing the full a twelve (12) months
period as planned.
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NOTICE OF MOTION - CR Hoban
ITEM 5.1 SF1933 140814 Notice
Of Motion - Proposal From Nambucca River Users Group To Reinstate Boat
Launching Site (SF437)
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Motion: (Flack/Ballangarry)
That Council
receives a report regarding the boat launching site opposite Midco including:
confirmation of ownership of site; options for a formal agreement with
community groups for full responsibility for works and maintenance; need for
fisheries approval and any environment assessment required; traffic issues;
public safety; issues regarding flooding; legality of site especially in
terms of liability; and waste management.
Amendment: (Morrison/Finlayson)
That the matter be deferred
until the River Users Group submit a formal proposal to Council.
The amendment was carried and it became the motion and it
was:
392/14 Resolved: (Morrison/Finlayson)
That the matter be deferred
until the River Users Group submit a formal proposal to Council.
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DELEGATIONS
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Resolved: (Finlayson/South)
That the following delegations be heard:
Item 9.3 Acquisition of Casey Drive and the North Macksville
Soccer Fields.................................... 2
i) Mr Jeff
Borg
Item 9.4 Development Application DA2013/170............................................................................... 3
i) Ms Sue
Jenvey – Objector
ii) Ms Vicki
Pade – Objector
iii) Mr Andrew
Black—Supporter
iv) Mr Brad
Fortescue—Applicant
Note: The following people addressed Council at the onsite
inspection for Item 9.4:
Mr Peter Sobey (objector) Mr Ian Pade (objector) Mr
Brian Pade (owner) Mr Wayne Pade (applicant)
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Mr Borg addressed Council and stated
that he had received a telephone call from Mayor Hoban and resulting from her
meeting with the Hon Duncan Gay MLC (Minister for
Roads and Freight) that the Minister is willing to look at a land
exchange which would result in the transfer of Casey Drive to Council’s
ownership. This would in turn provide access for the redevelopment of the
site..
ITEM 9.3 SF600 140814 Acquisition
of Casey Drive and the North Macksville Soccer Fields
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RESOLVED:
That the
information in the report and the delegation from Mr Jeff Borg be received.
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DELEGATIONS continued
Ms Sue Jenvey addressed Council to a prepared statement
which is on file DA2013/170
Ms Vicki Pade addressed Council to a prepared statement
which is on file DA2013/170
Mr Black addressed Council making the following points:
·
Local resident in Macksville area (Upper Warrell Creek Rd)
·
Has done door knock to ascertain how current business is conducted
by Fortade
·
Current NSW Police Officer…sees drivers acting and driving
professionally on the road
·
Vehicles are always in road worthy condition – never any
complaints from his colleagues
·
Mr Pade lived in area since 1950 and seen much change to his land
and would know about the environmental impact on his land
·
Give Fortade a go….two locals spending their money in this area.
Mr Fortescue addressed Council making the following points:
·
The land size to be used is 2% of the farm, the remaining 98%
will remain as farming land
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Cannot name one person who lives off growing vegetables
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The 2% will be used to supplement the income of land owner
·
Will not be an eyesore
·
Noxious weeds – wash down bay will be covered
·
Had a successful relationship with neighbours
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Machines go from job to job and not often on site
·
Complaints on how the business is conducted will be taken on
board
ITEM 9.4 DA2013/170 140814 Development
Application DA2013/170
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393/14 RESOLVED: (Finlayson/South)
1 That Council as the consent authority, pursuant Section
80 of the Environmental Planning and Assessment Act 1979, grant
consent for Development Application 2013/170 for a three lot
subdivision (boundary adjustment) and truck depot at Lots 2, 3
& 5 DP 881651 & Lot 101 DP825215, subject to the schedule of
conditions outlined in attachment 2 of this report.
2 That Council note the submissions in the confidential
report.
For the motion Councillors
Ainsworth, South, Finlayson and Morrison (Total 4)
Against the motion Councillors
Flack and Ballangarry (Total 2)
Note: Cr Flack requested her vote be recorded against the
resolution as Cr Flack believes that the development does not comply with
Council’s LEP.
Note: Cr Ballangarry OAM requested his vote be recorded against
the resolution as he believes prime agricultural land should remain as
farmland.
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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 were due Notice
has been received.
General Manager
Report
ITEM 9.1 SF959 140814 Outstanding
Actions and Reports
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394/14 RESOLVED: (Finlayson/South)
That
the list of outstanding actions and reports be noted and received for
information by Council.
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ITEM 9.2 SF578 140814 Integrated
Water Cycle Management (IWCM) Strategies and Strategic Business Planning
(SBP) - New Check Lists and Reporting Arrangements
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395/14 RESOLVED: (Finlayson/Flack)
1 That Council receive and note the
information from the Office of Water in relation to new check lists and
reporting arrangements for Integrated Water Cycle Management (IWCM)
Strategies and Strategic Business Planning (SBP).
2 That Council note the planned timing of
the preparation of a new IWCM being in the first half of 2016.
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Item 9.3 was dealt with under Delegations.
Item 9.4 was dealt with under Delegations.
ITEM 9.5 SF1947 140814 2014
July - Development and Complying Development Applications Received
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396/14 RESOLVED: (Ballangarry/Finlayson)
That the
Development Applications and Complying Development Applications received in
July 2014 be received for information.
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ITEM 9.6 SF1947 140814 Construction
And Complying Development Certificates Approved July 2014
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397/14 RESOLVED: (Finlayson/South)
That the Construction and
Complying Development Certificates approved for July 2014 be noted and
received for information by Council.
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ITEM 9.7 SF1148 140814 Council
Ranger's Report July 2014
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398/14 RESOLVED: (Finlayson/Ballangarry)
That the Council’s Rangers
report for July 2014 be received and noted by Council.
399/14 Resolved: (Flack/Ballangarry)
That Council receive a
report regarding nose to kerb parking including what other local government
areas are doing in regard to parking; the pros and cons of various ways of
parking; and a parking strategy for Council’s consideration.
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ITEM 9.8 SF1933 140814 Dealing
with Straying Cattle on South Arm Road
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400/14 RESOLVED: (Finlayson/Flack)
1 That Council endorse the procedure for
the handling of straying livestock contained in this report, effective
immediately subject to the following:
a That an arrangement be made with cattle
carters for the transportation of impounded livestock to the Macksville
Showground.
b That the management of Macksville Showground
be informed of the procedure for the impounding of livestock.
2 That Council write to landholders within
the immediate South Arm area advising them of their responsibility to prevent
stock from leaving their property onto a public road whether or not the stock
is owned or agisted on that property.
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ITEM 9.9 SF1915 140814 Status
of Swimming Pool barrier inspections
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401/14 RESOLVED: (Flack/Morrison)
That the
content of the report be noted and that Council officers
continue with programmed inspections and processing individual applications
for Certificates of Compliance pursuant to Council’s inspection program and
the requirements of the Swimming Pools Act 2012
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ITEM 9.10 SF988 140814 Invitation
for a Representative of Nambucca Shire Council to Join the Mid North Coast Health Promotion Alliance
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402/14 RESOLVED: (Finlayson/Ballangarry)
That the
Mayor be nominated as Council’s representative on the Mid North Coast Health Promotion Alliance.
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Assistant General
Manager Corporate Services Report
ITEM 10.1 SF251 140814 Schedule
of Council Public Meetings
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403/14 RESOLVED: (South/Finlayson)
That the schedule of dates
for public Council meetings be noted and received for information by Council.
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ITEM 10.2 SF1991 140814 Investment
Report To 31 July 2014
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404/14 RESOLVED: (Finlayson/Ballangarry)
That the
Accountant’s Report on Investments placed to 31 July 2014 be noted.
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Assistant General
Manager Engineering Services Report
ITEM 11.1 SF1103 140814 Off
River Storage Project - Compensation for Landowners Affected by Infrastructure
Works
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405/14 RESOLVED: (Finlayson/Morrison)
1 That Council make offers of compensation to the affected
land owners with properties designated as Lot 3 DP 253386, Lot 102 DP 809380
and Lot 1 DP 1076377 based on the amounts determined in the valuation reports
prepared by Herron Todd White.
2 That Council provide the affected landowners with a draft
copy of the easement plans and advise them that payment of compensation will
be made once they sign the Administration Sheets associated with the
Deposited Plan that is to be lodged with the Lands Titles Office.
3 That Council classify the new lots created for the two
additional bores and acquired by Council as operational land.
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ITEM 11.2 SF90 140814 Nambucca
Shire Traffic Committee Meeting Minutes - 5 August 2014
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406/14 RESOLVED: (Finlayson/South)
That Council:
1 receive and note the minutes of the Nambucca Shire
Traffic Committee held on the 5 August 2014.
2 does not request the Roads and Maritime
Services to carry out a further speed zone review of Valla Road with a view
to reducing the speed limit for trucks or cars on Valla Road.
3 widens the intersection of Valla Road
and Sullivans Road to allow through traffic to safely pass turning vehicles
and also look at appropriate advanced warning signage for the intersection.
4 investigate the status of the Code of
Conduct for truck drivers using the Valla Quarry, this being a requirement of
the recent consent modification.
5 approve the following road closures and
advertise the road closures seven (7) days prior to the event as follows:
Event: Drag-Ens
Hot Rod Display – Valla Rod Run
Date: 27
September 2014
Street: Bowra Street and Mann Street, Nambucca Heads from West Street to Ridge Street
Time: 10.00am
and 12.00pm
Event: Ford
Falcon GT Show N Shine
Date: 25
October 2014
Street: Bowra Street, Nambucca Heads from Rosedale Street to Ridge Street
Time: 8.00am
and 12.30pm
Event: St
Patricks School Fete
Date: 14
November 2014
Street: Wallace Street, Macksville from Durkin Street to Boundary Street
Time: 12.00
pm and 7.00pm
subject
to the following documentation being received by Council:
• Certificate
of Currency for Public Liability Insurance;
• Traffic
Management Plan confirming Accredited Traffic Controllers will be on
site, and
• Police
approval for the road closure.
6 That Council replace the pedestrian
crossing on Centenary Parade, Nambucca Heads with a school crossing with
flags and blisters in a location closer to the Nambucca Heads High School entry.
7 That Council install compliant pram ramps
either side of the school crossing to cater for all users.
8 That Council request Roads and Maritime
Services consider providing a grant through the Safety Around Schools Program
towards installing a new school crossing at Frank Partridge VC Primary School,
Nambucca Heads, and removal of the redundant pedestrian crossing.
9 That the Local Traffic Committee
recommends Council does not reinstall traffic calming devices on Valla Beach Road, South Valla due to certain vandalism.
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ITEM 11.3 SF453 140814 Waste
Management Quarterly Report April - June 2014
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407/14 RESOLVED: (Flack/Ballangarry)
That
Council receive and note the information provided in the Waste Management
Quarterly Report for the period April - June 2014.
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COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)
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408/14 RESOLVED: (Finlayson/Ballangarry)
That the matters in Closed Meeting be noted.
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CLOSURE
There being no further business
the Deputy Mayor then closed the meeting, the time being 7.30 pm.
Confirmed and signed by the Deputy Mayor on 28 August 2014.
CR JOHN AINSWORTH
DEPUTY MAYOR
(CHAIRPERSON)