NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 03 February 2011

 

The following document is the minutes of the Council meeting held on 3 February 2011.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 17 February 2011 and therefore subject to change.  Please refer to the minutes of 17 February 2011 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)

Paul Gallagher (Director Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

PRAYER

 

Rev Ros Johnston from the Anglican Church Macksville offered a prayer on behalf of the Nambucca Minister's Association.

 

  

DISCLOSURE OF INTEREST

 

Councillor BJ Finlayson declared a non-pecuniary significant conflict of interest in Item 9.3 Nambucca Men's Shed - Request for Support under the Local Government Act as Cr Finlayson’s partner is director of Nambucca Valley Community Services Council which administers the Men’s Shed.  Cr Finlayson left the meeting for this item.

 

Director Environment and Planning Mr Greg Meyers declared pecuniary interest in Item 10.7 Nambucca Local Environmental Plan 2010 Planning Proposal No 4 - Dudley Street, Macksville under the Local Government Act as a family member is an employee of Lismore Diocese which is the beneficiary of the proposal.  Mr Meyers left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 20 January 2011

 

2665/11 RESOLVED:       (South/Flack)

 

That the minutes of the Ordinary Council Meeting of 20 January 2011 be confirmed.

 

 

 


NOTICE OF MOTION - CR Smyth

 

ITEM 5.1      SF1595              030211      Notice of Motion - Proposed New Clarence Regional Library Service Agreement

2666/11 RESOLVED:       (Smyth/Flack)

 

1        That Council request the Clarence Regional Library Committee of Management defer any decision on the Draft Agreement to allow Council time to consider the contents and provide direction for our delegates.

 

2        That this matter be dealt with at the next General Purpose Committee meeting on 16 February 2011 with the draft Agreement being circulated to Councillors prior to this meeting.

 

  

 

PUBLIC FORUMS/DELEGATIONS:

 

Resolved: (South/Flack)

 

That the following public forums and delegations be heard:

 

1)       Mr Peter Veryard, Chairman Valla Beach & Urban Hall Committee of Management

 

2)       Mr Pete Rundle, Resident, Valla

 

3)       Mr Toby Frost, Mr Justin Schepis and Mr Daniel Parry, Valla Beach Skate Park

 

4)       Mr Stuart Holmes, in support of the Men's Shed

 

Mr Veryard addressed Council to a prepared statement which is on File SF341.

 

Mr Pete Rundle addressed Council as follows:

 

i)        Can Council please provide an update regarding the reconstruction of Deep Creek Bridge at Valla in terms of the current situation regarding tendering, the design sought, and any proposed schedule for works being completed?

 

ii)       Following the spate of accidents on the existing Pacific Highway between Nambucca Heads and Urunga, the RTA sought submissions from the public. Council (including the Mayor) also attended meetings with the RTA on this issue. Can the Council provide an update in respect of the consultation process and meetings with the RTA to describe what Council’s understanding is of what the RTA plans to do and when?

 

iii)      In the last few months, the RTA has completed major Pacific Highway upgrades between Tea Gardens and Bulahdelah, and between Moreland and Heron’s Creek, and they have recently started on the Kempsey to Frederickton section. They have, reportedly, also started compulsory acquisitions for the Macksville to Urunga section and in November 2010 they issued the Responses to Submissions and Preferred Project Report following on from the Environmental Assessment. Does Council have any information as to the proposed scheduling for construction work to start on the Macksville to Urunga section, especially given the amount of construction that was completed last year?

 

COUNCIL’S RESPONSE:

i)       Contract for the design and construction let to Waeger Constructions. Design currently being completed with construction due to commence late Feb. Due to open late May weather permitting.

ii)       RTA undertaking a review of the highway. Council has no information on proposals or timing.

iii)      RTA Geotech investigation currently underway. Timing of construction unknown.

 

 

An address was made to Council on the Valla Beach Skate Park by the following:

 

Mr Justin Schepis

 

·                     Resident 8˝ years and skater for 13 years

·                     Improved park then less trips out of Valla

·                     Good parks attract tourists

·                     Leads to other hobbies

·                     Currently filming and editing videos

·                     10-20 youth at the Park

·                     Confined space at Anderson Park

 

Mr Toby Frost

 

·                     Working at Nambucca Heads Youth Centre – good results

·                     All positive and good for youth

 

Mr Justin Schepis

 

·                     Upgrade for shade, water and concrete slabs

·                     Not a drainage problem

·                     Competitions held and money raised from local youth

·                     Water from tap in backyard of empty house

 

 

Questions from the floor

 

Mr Aldo Schepis – Robert Loudon Park sign has been cut off and needs to be replaced.   The BBQ area is a fire hazard.

 

Mr Matt Wilson - Council should investigate removal of the 100klm speed limit on East West Road – suggested it be replaced with an 80klm speed limit.  Matter to be forwarded to the Nambucca Shire Traffic Committee.

 

Loris Black – The BBQ area is a fire hazard.  The roundabout at the intersection of Cockburn Street has blocked gutters.

 

Mr Pete Rundle – the fencing on the ocean side of Deep Creek Bridge has subsided.  Also a couple of poles on the pedestrian bridge over Deep Creek Bridge off.

 

Mr Stuart Holmes addressed Council in support of the Men's Shed

 

6.30 pm Mayor Cr Hoban thanked the residents for the participation and attendance.

 

 


Cr Finlayson left the meeting for this item at 6.31 pm and returned at the conclusion of the item at 6.45 pm.

 

ITEM 9.3      SF652                030211      Nambucca Men's Shed - Request for Support

LOST Motion:      (Moran/Ballangarry)

 

That the request for funds be deferred to the 2011/2012 Budget Meeting for consideration and that further information on the operations of the Men’s Shed be provided.

 

 

2667/11 Resolved:       (Flack/Ainsworth)

 

1        That Council make a financial contribution to the Nambucca Men’s Shed of $40,000 towards the acquisition of the land in the Macksville Industrial Estate with the funds to be provided at settlement.

 

2        That Council meet the costs of the development and construction certificate applications and Section 94 contribution for the railway overbridge as a further donation under Section 356 of the Local Government Act.

 

 

 

 

 

Asking of Questions with Notice - LATE

ITEM L.1      SF1611              030211      Question With Notice - Costing of Storm Damage 19 January 2011

Motion:      (Moran/Finlayson)  

 

That Council make application pleading hardship to the Minister for Emergency Services plus the Leader of National Party for funding towards cleanup of storm damage from 19 January 2011.

 

Amendment:       (Hoban/Court)

 

That Council make application to the Minister for Emergency Services plus Leader of the National Party for funding towards cleanup of storm damage from 19 January 2011 pleading hardship on the basis of previous flood damage that was not funded under previous National Disaster Declarations.

 

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

 

2668/11 Resolved:       (Hoban/Court)

 

That Council make application to the Minister for Emergency Services plus the Leader of the National Party for funding towards cleanup of storm damage from 19 January 2011 pleading hardship on the basis of previous flood damage that was not funded under previous National Disaster Declarations.

 

 

 

 

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                030211      Outstanding Actions and Reports

2669/11 RESOLVED:       (Ainsworth/Finlayson)

 

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

 

 

 

 

ITEM 9.2      SF1581              030211      Request that Council enter into a Memorandum of Understanding with TAFE NSW - North Coast Institute

2670/11 RESOLVED:       (Flack/Court)

 

That Council enter the proposed Memorandum of Understanding with TAFE NSW – North Coast Institute being a strategic alliance to work cooperatively in education, skills and workforce development.

 

 

 

Item 9.3 was dealt with under Public Forum/Delegations.

 

 

 

ITEM 9.4      SF341                030211      Request to Change Name - "Valla Beach and Urban Hall Committee of Management" to "Valla Beach Community Association"

2671/11 RESOLVED:       (Flack/Moran)

 

That Council agree to the Valla Beach and Urban Hall Committee of Management changing its name to the “Valla Beach Community Association”.

 

 

 

Director Environment and Planning Report

ITEM 10.1    SF1589              030211      Outstanding DA's greater than 12 months, applications where submissions received not determined to 10 January 2011

2672/11 RESOLVED:       (Ainsworth/Court)

 

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    SF1589              030211      DA's and CDC's Received and Determined under Delegated Authority 21 January 2011

2673/11 RESOLVED:       (Finlayson/Moran)

 

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

 

 

 

 

 

ITEM 10.3    SF281                030211      Youth Week 2011 - Program

2674/11 RESOLVED:       (Moran/Flack)

 

That Council approves the Youth Week 2011 activities which are being run by Nambucca Shire Council.

 

 

 

 

 

ITEM 10.4    SF776                030211      Registration 51st Annual Floodplain Management Authorities Conference  - 22-25 February 2011 at Tamworth

2675/11 RESOLVED:       (Flack/Finlayson)

 

That should any Councillor wish to attend they need to advise the Director Environment and Planning to enable registration to be completed.

 

 

 

 

 

ITEM 10.5    SF90                  030211      Local Development Committee (Traffic) - Operations and Membership

Motion:      (Flack/Court)

 

1        That Council note the response from the RTA.

 

2        That Council retain the Local Development Committee (Traffic) as a technical advisory group to consider and make road and traffic recommendations for development applications which are likely to have an impact on local road and traffic usage other than applications identified under Schedule 3 of the ISEPP 2007 which will be referred to the RTA as required.

 

3        The group to be identified as the Local Traffic Advisory Group and its Terms of Reference and membership be as follows:

 

          TERMS OF REFERENCE:

To consider and make road and traffic recommendations for development applications which are likely to have an impact on local Road and traffic usage other than those applications identified under Schedule 3 of the ISEPP 2007 which will be referred to the RTA as required.

 

          MEMBERSHIP:

          Manager Planning and Assessment – Convenor (NSC)

          Manager Technical Services (NSC)

          Police

          RTA

 

          MEETINGS:

          Meetings to follow the Local Traffic Committee meetings and/or be held as required.

 

 

Amendment:       (Finlayson/Ainsworth)

 

That a decision on the necessity of a Local Development Committee (Traffic) be deferred to seek information from the Coffs Harbour City Council, Bellingen, Kempsey and Port Macquarie Hastings Councils as to whether they have a Local Development Committee (Traffic) or how they manage Development Applications that are not referred to the Roads and Traffic Authority.

 

 

 

 

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

 

2676/11 Resolved:       (Finlayson/Ainsworth)

 

That a decision on the necessity of a Local Development Committee (Traffic) be deferred to seek information from the Coffs Harbour City Council, Bellingen, Kempsey and Port Macquarie Hastings Councils as to whether they have a Local Development Committee (Traffic) or how they manage Development Applications that are not referred to the Roads and Traffic Authority.

 

 

 

 

 

ITEM 10.6    SF1306              030211      Changes To EP&A Regulation 2000 for Complying Development Under Code SEPP 2008

Motion:      (Finlayson/Smyth) 

 

1          The proposed amendments and new codes to be introduced from 25 February 2011 be noted.

 

2          A fee for service of $250 be adopted to assess bush fire prone lands for the purpose of issuing a Bush Fire Risk Certificate by suitably trained council staff under the provisions of Codes SEPP.

 

3          The proposed fee of $250 be advertised in accordance with the Local Government Act 1993.

 

4          The proposed fee for service be reviewed annually as part of Council’s Annual Management Plan process.

 

Amendment:       (Finlayson/Ainsworth)

 

That the proposed amendments and new codes to be introduced from 25 February 2011 be noted and that a further report detailing the negatives and positives on Private Certification compared to Council Certification and in particular Council’s liability in regards to the issue of Bush Fire Safety Certificates.

 

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

 

2677/11 Resolved:       (Finlayson/Ainsworth)

 

That the proposed amendments and new codes to be introduced from 25 February 2011 be noted and that a further report detailing the negatives and positives on Private Certification compared to Council Certification and in particular Council’s liability in regards to the issue of Bush Fire Safety Certificates.

 

 

2678/11 Resolved:       (Flack/South)

 

That Council request the Rural Fire Service to confirm whether or not the assessment for the issue of Bush Fire Safety Certificates which are to be moved to Local Government or Private Certifiers is included in the annual Rural Fire Services Budget which Council contributes to.

 

 

 


The Director Environment and Planning left the meeting for this item at 7.50 pm and returned at the conclusion of the item at 7.53 pm.

 

Director Environment and Planning Report - LATE

ITEM 10.7    SF1606              030211      Nambucca Local Environmental Plan 2010 Planning Proposal No 4 - Dudley Street, Macksville

2679/11 Resolved:       (Finlayson/Ainsworth)

 

That pursuant to the clause 55 of the Environmental Planning and Assessment Act 1979, Council prepare a Planning Proposal for the following, and the Planning Proposal be submitted to the Minister for Planning for consideration under clause 56 of the Act:

 

a          An amendment to the Lot Size Map on Lot 11 DP805157 Dudley Street Macksville to permit the future subdivision of the land for the purposes of an Educational Establishment. 

 

For the recommendation                  Councillors Ainsworth, Ballangarry, Court, Finlayson, Flack, Hoban, Moran, Smyth and South Total (9)

Against the recommendation  Nil (0)

 

 

 

 

 

Director Engineering Services Report

ITEM 11.1    SF1508              030211      Update:  Planet Footprint Environmental Scorekeeping

Motion:      (Ainsworth/Court)

 

That Council not re-engage Planet Footprint and revert to in-house monitoring and analysis of energy consumption and greenhouse gas production.

 

Amendment:       (Flack/Court)

 

That Council not re-engage Planet Footprint and revert to in-house monitoring and analysis of energy consumption and greenhouse gas production but revisit the requirement for engaging Consultants for comparison analysis in twelve months.

 

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

 

2680/11 Resolved:       (Flack/Court)

 

That Council not re-engage Planet Footprint and revert to in-house monitoring and analysis of energy consumption and greenhouse gas production but revisit the requirement for engaging Consultants for comparison analysis in twelve months.

 

 

 

  

   

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 8.05 pm. 

 

Confirmed and signed by the Mayor on 17 February 2011.

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)