NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 05 May 2011 COMMENCING AT 5.30PM

The following document is the minutes of the Council meeting held on 5 May 2011.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 19 May 2011 and therefore subject to change.  Please refer to the minutes of 19 May 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 Anne Smyth

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Peter Baynes (Manager Assets)

Paul Gallagher (Director Engineering Services)

Lorraine Hemsworth (Minute Secretary)

Greg Meyers (Director Environment & Planning)

 

 

APOLOGIES

 

Cr Elaine South – on approved leave.

 

 

PRAYER

 

Pastor Darryl Spriggs, from the Presbyterian Church, Macksville offered a prayer on behalf of the Nambucca Minister's Association.

 

PUBLIC FORUM

The following residents spoke at the Public Forum making the following points:

 

i)        Mr Jim Cameron - Rubbish, Access to Tip, Mowing, Roads

 

·    Requesting two tip vouchers per annum

·    Roadside mowing – reduced mowing has resulted in reduced vision

·    Kangaroo hopped into side of car - $600 worth of damage

·    Blue metal used on roads – roads go to mush very quickly, increase in punctures

·    Council should go back to river gravel

 

ii)       Mr David Allen - Bowraville Industrial Area - What action to provide employment - what action covered by 10 year plan

 

·    30 years ago Bowraville had 3 timber mills and a tannery

·    Nothing has happened since they closed

·    Wants opportunity for alternative land uses if need arises

·    Wants opportunity for rural residential subdivision reasonably close to shops

·    Options for this should be left open in a 10 Year Plan

 

iii)      Mr Michael Porter - Speed limit on Wilson Road

 

·    3 teenage children

·    Lives on Rodeo Drive, former Policeman/Highway Patrol

·    100 km speed limit is very dangerous

·    Other people support idea speed limit should be 80km/hr

·    Condition of roads is an issue

·    Roads to South West Rocks and Crescent Head from Kempsey are 80 km/hr speed limit

·    All roads running off Highway should be an 80 km/hr speed limit

 

iv)      iv)                    Ms Lee Bush – Overgrown grass and uncleanliness of the Town of Bowraville

 

·    Requesting overgrown grass at the back of the school be mowed

·    Town is in a very dirty condition

·    Dog excrement in main street

·    Median strip not attended to

·    Volunteer at Museum and receives same feedback

·    Goldie Park is a disgrace with trees on ground from last flood

 

 

v)       Mr Colin Kemp – Seeking Council’s support in NBN Rollout Project

 

·    Manages Technology Centre in Bowraville

·    Has secured funding from Federal Government to ensure early access to NBN

·    Wants to ensure Bowraville gets NBN

·    Would Council work with community for wireless connections for fibre nodes in towns?

·    Opportunity to use wireless network to manage dam

 

vi)      Ms Eve Gurd – DA2007/007/02

 

·    Concerned with traffic situation in Bemago Street , Nambucca Heads regarding DA2007/007/02

·    Has spoken and written to Mr Tsembis

·    Concerned over Mr Tsembis determining the application

 

 

DISCLOSURE OF INTEREST

 

Councillor J Ainsworth declared a non-pecuniary significant conflict of interest in Item 7.1 Questions with Notice – Macksville Saleyards under the Local Government Act as Cr Ainsworth is an elected member of the NSW Farmers Association.  Cr Ainsworth left the meeting for this Item.

 

Councillor A Smyth declared a non-pecuniary less significant conflict of interest in Item 10.4 Determination of DA 2004/136 For a Community Title Rural-Residential Subdivision – Lot 2 DP 548175, 346 East West Road, Valla under the Local Government Act as Cr Smyth states that this matter deals with DA 2004/136 which was the subject of a court case brought against Council by the Nambucca Valley Conservation Association Inc, of which Cr Smyth was a member at the time.  As there may be a public perception of a conflict of interest.  Cr Smyth left the meeting for this Item.

 

Councillor PF Flack declared a non-pecuniary less significant conflict of interest in Item 10.4 Determination of DA 2004/136 For a Community Title Rural-Residential Subdivision – Lot 2 DP 548175, 346 East West Road, Valla under the Local Government Act as the DA was the subject of a court case brought against the NSC by the Nambucca Valley conservation Association of which Cr Flack was an executive member prior to the action.  Cr Flack’s conflict of interest relates to potential public perception only.  Cr Flack left the meeting for this Item.

 

 


 

DELEGATION

2797/11 Resolved:       (Ainsworth/Moran)

 

That the following delegation be heard:

 

i)        Ms Tamara McWilliam – on behalf of Mr Rob McWilliam, Objector - DA2008/139

 

 

Ms Tamara McWilliam addressed Council making the following points:

 

·                     Expressing concern that Council approved their Subdivision next to Australian Pre-cast Solutions an Industrial Zoned area

·                     Paid over $30,000 in rates and fees to Council

·                     Will take matter to Land and Environment Court to seek compensation for loss of value

·                     Loss of money in developing this subdivision

·                     Requesting Council to do something about it.

 

 

Minutes from the General Purpose Committee meeting 5 May 2011 were dealt with in conjunction with the delegation.

 

General Purpose Committee REPORT

 

ITEM 8.1           DA2008/139   050511      Modification to DA 2008/139 Australian Precast Solutions (Abigroup) - pre-cast concrete plant (Item 8.1 in the General Purpose Committee)

2798/11 Resolved:       (Hoban/Flack)

 

If the modification application is approved, prior to release of the Occupation Certificate, that a report come to Council on the compliance with the conditions of the Development Consent.

 

For the recommendation:       Councillors Court, Flack, Smyth, Finlayson, Ainsworth, Moran, Ballangarry and Hoban                             Total 8

Against the recommendation:                                                          Nil

 

2799/11 Resolved:       (Finlayson/Ainsworth)

 

1          That in accordance with Section 96 of the EP&A Act, development consent for DA 2008/139 be modified subject to the conditions attached to this report.

 

2          Those persons who made submission to the modification application be notified of Council’s decision.

 

For the recommendation:       Councillors Court, Flack, Smyth, Finlayson, Ainsworth, Moran, and Ballangarry and Hoban                            Total 8

Against the recommendation:                                                          Nil

 

 


 


CONFIRMATION OF MINUTES - Ordinary Council Meeting 21 April 2011

2800/11 RESOLVED:       (Smyth/Court)

 

That the minutes of the Ordinary Council Meeting of 21 April 2011 be confirmed subject to the following:

 

Page 1        Omitted from Disclosure of Interest

                   Councillor PF Flack declared a non-pecuniary less significant conflict of interest in Item 9.6 Determination of DA 2004/136 For a Community Title Rural-Residential Subdivision – Lot 2 DP 548175, 346 East West Road, Valla under the Local Government Act as the DA was the subject of a court case brought against the NSC by the Nambucca Valley conservation Association of which Cr Flack was an executive member prior to the action.  Cr Flack’s conflict of interest relates to potential public perception only.  Cr Flack left the meeting for this item.

 

Page 5        Resolution Omitted from Item 9.1

                   4        That Council note the progress of DA2004/136.

 

 

 

NOTICE OF MOTION - CR Hoban

 

ITEM 5.1      SF1595              050511      Notice of Motion - Australian Rural Roads Group - Invitation to Join

2801/11 RESOLVED:       (Hoban/Flack)

 

That Council join the Australian Rural Road Group in an effort to attract additional Federal Government funding toward the cost of maintaining our local rural road network.

 

 

 

SF1595 - Cr Martin Ballangarry OAM – Request for Leave – 12-16 May 2011

2802/11 Resolved:       (Hoban/Ainsworth)

 

That Cr Ballangarry OAM is granted leave of absence, in accordance with Section 234(d) of the Local Government Act, for the period Thursday 12 May until Monday 16 May 2011 inclusive.

 

 

 

ASKING OF QUESTIONS WITH NOTICE

 

Cr J Ainsworth left the meeting at 6.40 pm for Item 7.1 and returned after the conclusion at 6.44 pm.

 

ITEM 7.1      SF15                  050511      Questions With Notice - Macksville Saleyards

2803/11 Resolved:       (Finlayson/Court)

 

That information concerning the Questions with Notice regarding the Macksville Saleyards be received.

 


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                050511      Outstanding Actions and Reports

2804/11 RESOLVED:       (Court/Ballangarry)

 

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

 

2805/11 Resolved:       (Smyth/Flack)

 

That Council write to Roads and Traffic Authority and ask that 90kl/hr zone which only extends to Valla Beach be extended to Nambucca Heads and that feeder roads have appropriate markings to indicate the 90kl/hr speed limit.

 

 

 

ITEM 9.2      SF1389              050511      Grant Application Status Report - 30 April 2011

2806/11 RESOLVED:       (Flack/Ballangarry)

 

That the list of grant applications and their status to 30 April 2011 be received.

 

 

 

Director Environment and Planning Report

 

ITEM 10.1    SF1589              050511      Outstanding DA's greater than 12 months, applications where submissions received not determined to 21 April 2011

2807/11 RESOLVED:       (Ainsworth/Smyth)

 

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

 

 

 

ITEM 10.2    SF1589              050511      DA's and CDC's Received and Determined under Delegated Authority to 11 April 2011

2808/11 RESOLVED:       (Court/Flack)

 

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

 

 

 


 

ITEM 10.3    SF1306              050511      Fee for the Issue of Bush Fire Safety Certificates

2809/11 RESOLVED:       (Smyth/Flack)

 

That Council adopt a fee of $400 for the issue of Bush Fire Safety Certificates for Complying Development proposals and this fee be reviewed annually in conjunction with fees and charges review.

 

2810/11 Resolved:       (Moran/Ainsworth)

 

That Council write to Andrew Stoner MP, Deputy Premier, Member for Oxley and advise him about the new fee for the issue of Bush Fire Certificates for Complying Development approvals; that it is just another fee getting in the way of people trying to build a house; and questioning the need for a change from the system which provided for the issue of certificates by Rural Fire Service experts.

 

 

 

Councillors PF Flack and A Smyth left the meeting at 7.14 pm for Item 10.4 and returned after the conclusion at 7.20 pm.

 

ITEM 10.4    DA2004/136        050511      Determination of DA 2004/136 For a Community Title Rural-Residential Subdivision – Lot 2 DP 548175, 346 East West Road, Valla

2811/11 RESOLVED:       (Moran/Ainsworth)

 

1          That in accordance with Section 80(3) of the EP&A Act, development application DA 2004/136 for a Community Title subdivision comprising one neighbourhood lot, 5 rural-residential development lots and a residue rural lot be approved subject to the conditions attached to this report.

 

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

 

For the recommendation:       Councillors Court, Finlayson, Ainsworth, Moran, Ballangarry and Hoban                     Total 6

Against the recommendation:                                       Nil

 

  

Item 8.1 from the General Purpose Committee was dealt with under Delegations.

 

    

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

2812/11 RESOLVED:       (Ainsworth/Finlayson)

 

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 reports are in Closed Meeting:

 

 

 


General Manager Report

 

For Confidential Business Paper in Closed Meeting

ITEM 11.1    SF395                050511      Loans Program 2010/2011

ITEM 11.3    SF395                050511      Loans Program 2010/2011—LATE REPORT

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) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

 

For Confidential Business Paper in Closed Meeting

ITEM 11.2    SF395                050511      Comet Windmills - Donation of Windmill in Lieu of Outstanding Loan Balance

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) (b) of the Local Government Act, 1993, on the grounds that the report contains a discussion in relation to the personal hardship of a resident or ratepayer.

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.30 pm.

 

 

 

 


RESUME IN OPEN MEETING

 

2813/11 RESOLVED:       (Flack/Finlayson)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 7.44 pm.

 


FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

 

 


For Confidential Business Paper in Closed Meeting

ITEM 11.2    SF395                050511      Comet Windmills - Donation of Windmill in Lieu of Outstanding Loan Balance

Motion:      (Flack/Ballangarry)

 

1        That Council accept provision of a windmill in Dawkins Park in accordance with the proposal by Comet Windmills in their letter dated 23 October 2009.

 

2        That Council’s solicitor prepare an Agreement to give effect to the proposal by Comet Windmills.

 

3        That Council’s seal be attached to the Agreement, if required.

 

Amendment:       (Ainsworth/Flack)

 

That Council approach Comet on type of pump and whether it will be self priming and susceptibility to sucking weeds.

 

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

 

2814/11 Resolved:       (Ainsworth/Flack)

 

That Council approach Comet Windmills regarding the type of pump they wish to install and whether it will be self priming and its susceptibility to sucking debris.

 

 

 

ITEM 11.3    SF395                050511      Loans Program 2010/2011

2815/11 RESOLVED:       (Flack/Smyth)

 

1          That Council accept the National Australia Bank’s loan offer of $975,000.00 at a rate of 8.231% per annum with half yearly repayments of $50,147.09 for 20 years.

 

2          That Council authorize the Mayor and the General Manager to execute Loan agreement for $975,000.00 at a rate of 8.231% per annum with half yearly repayments of $50,147.09 for 20 years.

 

3          That in the event the National Australia Bank requires the loan agreement to be executed under seal that the Council Seal be affixed to the Loan agreement for $975,000.00 at a rate of 8.231% per annum with half yearly repayments of $50,147.09 for 20 years.

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.45 pm. 

 

Confirmed and signed by the Mayor on 19 May 2011.

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)