NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 17 February 2011

The following document is the minutes of the Council meeting held on 17 February 2011.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 3 March 2011 and therefore subject to change.  Please refer to the minutes of 3 March 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 Johnson, Anglican Church Macksville, offered a prayer on behalf of the Nambucca Minister's Association.

 

DISCLOSURE OF INTEREST

 

Councillor Smyth declared a non-pecuniary less significant conflict of interest in Item 9.1 Outstanding DA's Greater Than 12 Months Applications where Submissions Received Not Determined to 10 January 2011 (DA 2004/136) under the Local Government Act as Cr Moran raised again the development application which previously was the subject of a Land and Environment Court case involving the Nambucca Valley Conservation Association of which Cr Smyth was a member at the time of the Court proceedings.  Cr Smyth left the meeting for this item.

 

Councillor Flack declared a non-pecuniary less significant conflict of interest in Item 9.1 Outstanding DA's Greater Than 12 Months Applications where Submissions Received Not Determined to 10 January 2011 (DA 2004/136) under the Local Government Act as Cr Moran commenced discussion regarding DA 2004/136 which was the subject of a Land and Environment Court case involving the Nambucca Valley Conservation Association with which Cr Flack had a previous involvement as an Executive Member prior to the legal action.  This declaration relates to the potential for a perceived conflict of interest.  Cr Smyth left the meeting for this item.

 

Councillor PF Flack declared a non-pecuniary significant conflict of interest in Item 10.3 Increase to Fire and Rescue NSW Contribution Levy under the Local Government Act as a member of Cr Flack’s family is a fire fighter based at the Macksville Station.  Cr Flack left the meeting for this Item.

 

Councillor Smyth declared a non-pecuniary less significant conflict of interest in Item 9.1 Presentation - Indian Myna Control Project - Mid North Coast (Item 9.1 in the General Purpose Committee) under the Local Government Act as the Project Manager is Cr Smyth’s sister-in-law. 

 

Councillor MM Moran declared a pecuniary interest in Item 12.1 Proposed Sale of Access Land to Allow Nash Subdivision to Proceed - Kylie Street, Macksville Industrial Estate (Closed) under the Local Government Act.  Cr Moran left the meeting for this item.

 

 

 

 


 


MAYORAL MINUTE—LATE REPORT

 

ITEM 8 .6     PRF43                170211      Mayoral Minute - Lockyer Valley Region Flood Relief – Outcome of Charity Auction

2681/11 RESOLVED:       (Hoban/Ainsworth)

 

That Council formally express its appreciation to Mr John Hutchinson; to his family and friends; to G J Kennedy Pty Ltd and to the Lions Club of Macksville for their efforts in raising $15,000 in support of the Lockyer Valley flood relief effort.

 

The Mayor invited Mr John Hutchinson (resident) Mr Marlin Branford (Macksville Country Club) and Mrs Judy Ward (Macksville Ex-Servicemen’s Club) to step forward and thanked them on behalf of Council and the residents of the Valley for their enthusiastic fundraising efforts for the flood victims of the Lockyer Valley in Queensland, noting that a combined amount of $20,000 had been donated, and invited them to addressed Council

 

 

 

 


NOTICE OF MOTION - CR Flack – LATE

 

ITEM 5 .1     SF1595              170211      Notice of Motion - Request for Leave - 27 February 2011 to 4 March 2011

2682/11 RESOLVED:       (Flack/Ballangarry)

 

That Cr Flack is granted leave of absence, in accordance with Section 234(d) of the Local Government Act, for the period Sunday 27 February until Friday 4 March 2011 inclusive.

 

 

 

 


CONFIRMATION OF MINUTES - Ordinary Council Meeting 3 February 2011

 

2683/11 RESOLVED:       (Finlayson/Smyth)

 

That the minutes of the Ordinary Council Meeting of 3 February 2011 be confirmed subject to the following correction:

          Page 3                  Under Questions from the Floor – correct name is Loris Latch.

 

 

 

 


PUBLIC FORUM/DELEGATIONS

 

Resolved: (Ainsworth/Finlayson)

 

That the following public forums be heard:

 

          i)        33 Preston Drive Macksville

                    Mr Alan Bashforth regarding the easement through his property

 

ITEM 10.1    PRF53 - Foreshore Redevelopment - River Street, Macksville

          ii)       Ms Cathy Beech regarding the trees on the foreshore of River Street,  Macksville.

 

Mr Bashforth (33 Preston Drive Macksville) addressed Council making the following points:

 

·    Problem with water easements, and flow of water onto his property

·    Mr Bashforth tabled photos showing his concern

·    Requested that this be fixed immediately as he has had no action taken in response  to his written requests

·    Turning his property into a quagmire every time it rains

·    Should have been fixed when the subdivision in Preston Drive was commenced

 

The Director Engineering Services stated that Engineering staff carried out inspection on 17 February 2011.

 

 

 


PUBLIC FORUM/DELEGATIONS continued

 

Ms Beech addressed Council in regard to the River Street, Macksville foreshore redevelopment, reading from a letter which was tabled and placed on file PRF53.

 

 

ITEM 10.1    PRF53                170211      Foreshore Redevelopment - River Street, Macksville

Motion:      (Ainsworth/Finlayson)

 

1        That Council place the revised Nambucca River Foreshore (River Street, Macksville) Concept Plan on exhibition for 28 days.

 

2        That Council consider any submissions at the April General Purpose Meeting.

 

Amendment:       (Court/Flack)

 

That the matter be deferred to the next General Purpose Committee Meeting to allow Councillors the opportunity to have an input into the revised Concept Plan.

 

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

 

2684/11 Resolved:       (Flack/Court)

 

That the matter be deferred to the March 2011 General Purpose Committee Meeting to allow Councillors the opportunity to have an input into the revised Concept Plan.

 

 

 

2685/11 Resolved:       (Ainsworth/Flack)

 

That the following delegation be heard:

 

ITEM 9.2      DA2010/283 170211         Report submitted for determination of Application for Dwelling

                   9 Allison Road, Hyland Park (Item 9.2 in the General Purpose Committee)

          iii)      Mr Riddell (applicants)

 

 

Mr Riddell addressed Council making the following points:

 

·    Have retired to the Valley

·    Seeking permission to build their retirement home in Hyland Park.


·     

 

ITEM 9.2           DA2010/283   170211      Report Submitted for Determination of Application for Dwelling - 9 Allison Road, Hyland Park (Item 9.2 in the General Purpose Committee)

2686/11 RESOLVED:       (Finlayson/Hoban)

 

1          It is recommended that Development Application 2010/283 be supported and consent be granted subject to conditions of consent contained within the report.

 

2          That those persons making submissions to the application be notified of Council’s decision.

 

For the Motion:                Councillors Hoban, Court, Flack, Smyth, Finlayson, Ainsworth, Moran and South                                     (Total 8)

Against the Motion: Councillor Ballangarry, (Total 1)

 

 

 

 


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 8.1      SF959                170211      Outstanding Actions and Reports

2687/11 RESOLVED:       (Ainsworth/Finlayson)

 

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

 

 

 

ITEM 8.2      SF296                170211      Nambucca Valley Visitor Information Centre - 2010 Statistics

2688/11 RESOLVED:       (Flack/Moran)

 

1        That the Nambucca Valley Visitor Information Centre Statistical Report covering 1 January to 31 December 2010 be received.

 

2        That the Coordinator and the volunteers at the Nambucca Valley Visitor Information Centre be thanked for their commitment to tourism in the Valley.

 

 

 

ITEM 8.3      SF1389              170211      Grant Application Status Report - 7 February 2011

2689/11 RESOLVED:       (Moran/Smyth)

 

That the list of grant applications and their status to 7 February 2011 be received.

 

 

 

 

ITEM 8.4      SF380                170211      Variation to the Lease to Bowraville Arts Council Incorporation

2690/11 RESOLVED:       (Flack/Smyth)

 

1          That Council note that the Bowraville Arts Council do not wish to lease the whole of the Lot 1 in DP 330860 and that the previous resolution to terminate the current Lease in favour of a new Lease of the whole of the property cannot be effected.

 

2          That Council agree to a variation of the existing Lease between Nambucca Shire Council and the Bowraville Arts Council Incorporated for part Lot 1 DP 330860 and wherein the variation extends the Lease by a further two years and makes minor amendments to the general provisions of the Lease as agreed between the Council and the Bowraville Arts Council.

 

3          That Council authorise the Mayor and the General Manager to sign on behalf of Nambucca Shire Council all necessary documents to give effect to the Variation of the current Lease of Part Lot 1 DP 330860 to the Bowraville Arts Council on mutually agreed terms and that the Council seal be affixed to the termination and Lease documents where necessary.

 

4          That Council allocate funds in the amount $1,500 to the theatre Museum expense budget (3880-5000) to facilitate a Fire Safety Audit of the Bowraville Theatre having regard to the current use by the Bowraville Arts Council.

 

 

 

 


General Manager Report – LATE REPORT

 

ITEM 8 .5     SF394                170211      Investment Report to 31 January 2011

2691/11 RESOLVED:       (Court/South)

 

That the Accountants’ Report on Investments placed to 31 January 2011 be noted.

 

 

 

2692/11 Resolved:       (Smyth/Flack)

 

That Item 10.4 be brought forward as Mr Keast was in the Gallery waiting for Council’s resolution on this item.

 

 

ITEM 10.4    SF755                170211      Old Rugby League Amenities Building - Coronation Park, Nambucca Heads

2693/11 RESOLVED:       (Court/Ainsworth)

 

1        That the Council defer the demolition of the Old Rugby League Amenities Building at Coronation Park, Nambucca Heads for a period of 3 months to allow the Coronation Park Trust to complete their proposal to restore parts of the building and demonstrate their ability to fund the project.

 

2        That a further report be provided to Council following the finalisation of a Structural Engineers report and the development of a Business Plan from the Coronation Park Trust.

 

3        That Council carry forward the unexpended funds of $19,200.00 allocated for the demolition of the amenities block.

 

 

 

 



Director Environment and Planning Report

 

Cr Flack and Cr Smyth left the meeting for this item (in relation to discussions on DA2004/136) at 7.03 and returned after the conclusion at 7.05 pm.

 

ITEM 9.1      SF1589              170211      Outstanding DA's Greater Than 12 Months, Applications where Submissions Received Not Determined to 10 January 2011

2694/11 RESOLVED:       (Ainsworth/Ballangarry)

 

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 9.2      SF1589              170211      DA's and CDC's Received and Determined under Delegated Authority to 4 February 2011

2695/11 RESOLVED:       (Ainsworth/Smyth)

 

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

 

 

 

ITEM 9.3      SF1589              170211      DEP Applications and Statistical Reports July 2010-June 2011, 2007-2011 and Certificates Received 2007-2011

2696/11 RESOLVED:       (Smyth/South)

 

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 2011.

 

3          That Council note the statistical information for Applications and Certificates received by Council for 2004-2011.

 

4          That Council note the statistical breakdown of development applications thus far for the current year beginning 1 January 2011.

 

 

 

ITEM 9.4      SF1148              170211      Contract Regulatory Officer's Report January 2011

2697/11 RESOLVED:       (Moran/Ballangarry)

 

That the report from the Contract Regulatory Officer for January 2011 be received and noted by Council.

 

 

 

ITEM 9.5      SF1306              170211      Further advice re Changes to EP&A Regulation 2000 for Complying Development Under Code SEPP 2008

2698/11 RESOLVED:       (Moran/Ainsworth)

 

1          That Council note the further advice in regard to the proposed changes to the Environmental Planning and Assessment Act and the Local Government Act regarding Complying Development on, and advice offered in regard to Bush Fire Prone land.

 

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.

 

 

 

Director Engineering Services Report

 

ITEM 10.1 was dealt with under Public Forums/Delegations.

 

 

 


ITEM 10.2    SF992                170211      Minutes of the Nambucca Emergency Operations Centre Committee - 2 February 2011

2699/11 RESOLVED:       (South/Ainsworth)

 

That the minutes of the Nambucca Emergency Operations Centre Committee held 2 February 2011, be received and noted.

 

 

 

Cr Flack left the meeting for this item at 7.15 pm and returned after the conclusion at 7.17 pm.

 

ITEM 10.3    SF83                  170211      Increase to Fire and Rescue NSW Contribution Levy

2700/11 RESOLVED:       (Court/South)

 

That Council note the increase of $2,216.00 within the Fire and Rescue NSW contribution levy and make provision for the additional contribution through the working funds at the quarterly budget review.

 

 

Item 10 4 was dealt with earlier in this meeting.

 

 

 

ITEM 10.5    SF741                170211      Paveline Patching Machine - Operation

2701/11 RESOLVED:       (Ainsworth/Moran)

 

1        That the report on the operations of the Paveline for July 2010 to December 2010 be noted.

 

2        That a further report be prepared of the year July 2010 to June 2011 for comparison with the same period in the previous year.

 

 

 

ITEM 10.6    SF1291              170211      Macksville Sewage Treatment Plant - Proposed Upgrade of Aeration Equipment

2702/11 RESOLVED:       (Court/Ainsworth)

 

1        That Council accept the quotation from NSW Public Works for the upgrade of the aeration system and associated reprogramming of the Program Logic Control system for the amount of $37,000 plus GST.

 

2        That Council allocate an amount of $42,000 to complete the works this financial year from the sewer reserve funds.

 

  

 

General Purpose Committee REPORT

 

ITEM 8.1           SF775            170211      Presentation to Council by Mr Richard Holloway, Regional Arts Development Officer, Arts Mid North Coast Inc. (Item 8.1 in the General Purpose Committee)

2703/11 RESOLVED:       (Flack/South)        

 

1        That Council notes the presentation by Mr Richard Holloway on the activities of Arts Mid North Coast and their plans for 2011.

 

2        That Council makes provision in its 2011/2012 budget for a contribution of $4,838.15 to Arts Mid North Coast Inc.

 

3        That Council liaise with the Saltwater/Freshwater Festival Committee with a view to conducting the Festival in the Nambucca Valley in 2013.

 

 

 

ITEM 8.2           SF382            170211      Scotts Head Reserve and Caravan Park (Item 8.2 in the General Purpose Committee)

2704/11 Resolved:       (Court/South)

 

That Council implements the Master Plan as exhibited and accepts responsibility for the management of the balance of the Reserve (not including the caravan park) subject to adequate compensation and discussions with the Minister concerning the care and control of the Crown lands and day area.

 

For the Motion:                Councillors Hoban, South, Finlayson, Ballangarry and Court         (Total 5)

Against the motion:          Councillors Flack, Smyth, Ainsworth and Moran                           (Total 4)

 

 

 

ITEM 8.3           SF1503          170211      Progress of Promoting Social Inclusion though Sport Programs (Item 8.3 in the General Purpose Committee)

2705/11 RESOLVED:       (South/Flack)

 

That the information concerning the Progress of Promoting Social Inclusion through Sport Program be received.

 

 

 

ITEM 9.1           SF787            170211      Presentation - Indian Myna Control Project - Mid North Coast (Item 9.1 in the General Purpose Committee)

2706/11 RESOLVED:       (Flack/South)

 

1        That Council notes the presentation by Ms Tien Pham (Indian Myna Project Officer, Nambucca Valley Landcare) on the Indian Myna Control Project – Mid North Coast.

 

2        That Council works with Nambucca Valley Landcare to explore opportunities for funding for Indian Myna control through “Our Living Coast Project” as well as in Council’s forthcoming budget deliberations.

 

NoteCr Moran requested that his vote be recorded as against this resolution.

 

 

2707/11 Resolved:       (Flack/Moran)

 

3        That Council writes to the relevant Minister and Federal Government department concerned with pest control, presenting the information provided by Nambucca Valley Landcare and seeking a more pro active approach from Government to the control of this pest and further, request that the Indian Myna be officially declared as a pest.

 

 

Item 9.2 was dealt with under Public Forums/Delegations.

 

 

 

ITEM 9.3           SF29             170211      Draft Library Agreement for Clarence Regional Library  (Item 9.3 in the General Purpose Committee)

2708/11 RESOLVED:       (Court/South)

 

1        That Council advise its Clarence Regional Library partner Councils that it will consider entering into a new Library Agreement which sets the contribution to the Clarence Regional Library at the Rate Peg plus 2%.  This would be the minimum with partner Councils having the opportunity to agree on a larger increase.

 

2        That Council investigate the opportunity for a relationship with other local libraries including Coffs Harbour.

 

Note:  Cr Moran tendered his resignation from representing Council on this Committee.

 

2709/11 Resolved:       (Hoban/Court)

 

That Councillor Moran be asked to take time to reconsider his decision to resign from representing Council on the Clarence Regional Library Committee.

 

 

 

ITEM 10.1         SF629            170211      Tree Removal/Pruning Application - 8 Hibiscus Drive, Valla Beach (Item 10.1 in the General Purpose Committee)

2710/11 RESOLVED:       (Flack/Court)

 

That the application for the removal of two gum trees adjacent to 8 Hibiscus Drive, Valla Beach be refused as the trees appear reasonably healthy.

 

 

 

ITEM 10.2         SF1131          170211      Review of Landslip Remediation Proposals - Nambucca Heads (Item 10.2 in the General Purpose Committee)

2711/11 RESOLVED:       (Court/Finlayson)

 

1          That Council adopts the following Nambucca Heads landslips rectification priorities for inclusion in the Management Plan:

 

            a Jason Cottages                                 $507,000

            b Doyle Lane                                       $125,000

            c Domain D – Riverside Drive              $445,000

            d Lower Parkes Street                         $173,000

            e Foreshore Close                               to be determined

 

2        That Council authorises construction of items (a) and (b) above using funds allocated in the 2010/2011 budget.

 

3        That Council considers an allocation of $10,000 per annum be made for minor works in the 2011/2012 budget.

 

    

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

Resolved: (Ainsworth/South)

 

1          That Council consider any written representations from the public as to why the Meeting should not be Closed to the public.

 

2          That Council move into Closed Meeting to discuss the matters for the reason(s) listed below.

 

Reason report is in Closed Meeting:

 

Cr Moran left the meeting at 7.55 pm as he declared a pecuniary interest in the item for closed meeting, as he provided a valuation for this property.

 

 

General Manager Report – LATE REPORT

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF600                170211      Proposed Sale of Access Land to Allow Nash Subdivision to Proceed - Kylie Street, Macksville Industrial Estate

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.55 pm.

 

 

 

 


RESUME IN OPEN MEETING

 

Resolved: (Ainsworth/Court)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 8.00 pm

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report – LATE REPORT

For Confidential Business Paper in Closed Meeting

ITEM 12 1    SF600                170211      Proposed Sale of Access Land to Allow Nash Subdivision to Proceed - Kylie Street, Macksville Industrial Estate

2712/11 RESOLVED:       (Finlayson/Ainsworth)

 

1          That Council sell lot 100 in DP 1041228 to the registered proprietors of Lot 162 in DP 614701 for a sale price of $60,000 ( Exclusive of GST) on the condition that:

 

·      the land will be consolidated with the industrial zoned allotment created from the subdivision of  lot 162 in DP 614701, and;

·      an easement  in favour of Nambucca Shire Council providing vehicular access adjacent to the eastern side boundary of lot 100 DP 1041228 from Kylie Street to Lot 102 in DP 1076306 (being a council pump station) will be created upon registration of the plan of consolidation.

 

2          That Council authorise the General Manager and the Mayor to execute on behalf of Nambucca Shire Council the Contract for sale, transfer and any other documents required to give effect to the sale of lot 100 in DP 1041228.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 8.01 pm. 

 

Confirmed and signed by the Mayor on 3 March 2011.

 

 

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)