NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 07 April 2011 COMMENCING AT 5.30 PM

 

The following document is the minutes of the Council meeting held on 7 April 2011.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 21 April 2011 and therefore subject to change.  Please refer to the minutes of 21 April 2011 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr Anne Smyth

Cr Martin Ballangarry OAM

Cr Janet Court

Cr Brian Finlayson

Cr Paula Flack

Cr Mike Moran OAM

Cr Elaine South

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Steven Williams (Property Officer)

Paul Gallagher (Director Engineering Services)

Lorraine Hemsworth (Minute Secretary)

Greg Meyers (Director Environment & Planning)

 

 

 

APOLOGIES

Cr John Ainsworth (Deputy Mayor)

 

PRAYER

 

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

 

PUBLIC FORUM

2731/11 Resolved:       (South/Smyth)

 

That the following public forums and delegations be heard:

 

i)       Ms Joy Lane               Roads and Heavy Transport – notes provided and on file

ii)      Ms Dawn Smyth          Taylors Arm Reserve

iii)     Ms Julie Gooch           Taylors Arm Hall

iv)     Mr Sam Aboud           Tender criteria for gym

v)      Mr John Moore            Thumb Creek – Condition of Road

vi)     Mr John Moore            On-Stream Dam

vii)     Mr Toby Wright           Mowing Strips (Palomia Trees)- notes provided and on file

viii)    Mr Tom Ryan              Renaming Congarinni Bridge (“Howard ‘Pud’ Langford”)letter received to Council (Trim 9339/2011)

ix)     Mrs Mavis Ward          Taylors Arm Road, Utungun to Macksville

x)      Mr Sam Aboud           Factory Bridge

xi)     Cathy Palov                Bridges and Subdivision of land

xii)     Doug Young               On behalf of Rhoni Gagan – Road condition, Mobile Telephone coverage and Think Tank in relation to obtaining funding – letter provided and on file

xiii)    Sid Scott                    On behalf of Michelle Jamieson – Garbage collection and condition of roads in Burrapine

 

Taylors Arm Road – Reinstate as Regional Road

2732/11 Resolved:       (Moran/South)

 

That Council approach the Minister for Roads and the Local Member to request Taylors Arm Road, MR533 be reinstated as a Regional Road.

 

 

Renaming of Congarinni Bridge

2733/11 Resolved:       (Moran/Flack)

 

That Council commence the formal procedure to rename the Congarinni Bridge the “Howard ‘Pud’ Langford” Bridge.

 

 

 

Waste Disposal - Burrapine

2734/11 Resolved:       (Flack/Court)

 

That Council receive a report on options for addressing waste disposal for the residents of Burrapine. One of the options to be considered is a waste transfer station.

 

 

 

 

DISCLOSURE OF INTEREST

 

The Director Environment and Planning, Mr Greg Meyers, declared a pecuniary interest Item 9.11 Proposed Primary School - Lot 11 DP 805157, 21 Dudley Street, Macksville under the Local Government Act as Mr Meyers’ wife is an employee of the Lismore Diocese who is the beneficiary of the proposal. 

Mr Meyers left the meeting for this item.

 

Mayor, Councillor Rhonda Hoban declared a pecuniary interest in Item 9.2 S94E Ministerial Direction – Smiths Lane Local Roads and Traffic Infrastructure Contribution Plan 2010 under the Local Government Act as the Mayor has relatives that own subdivisible land adjoining Smiths Lane upon which a Section 94 Contribution is payable.  Cr Hoban left the meeting for this item.

 

Councillor Anne Smyth declared a non-pecuniary less significant conflict of interest in Item 10.1 Outstanding DA’s Greater than 12 Months, Applications where submissions received not determined- No 1 under the Local Government Act as DA 2004/136 was the subject of discussion.  As this development application was the subject of a court case brought against Council by the NVCA, of which Cr Smyth was a member, in the interests of public perception, Cr Smyth decided to leave the meeting for this item.

 

Councillor Paula Flack declared a non-pecuniary less significant conflict of interest in Item 9.1 Outstanding DA’s Greater than 12 Months DA2004/136 under the Local Government Act as DA 2004/136 was the subject of discussion.  As this development application was the subject of a court case brought against Council by the NVCA, of which Cr Flack was an Executive member prior to the legal action, in the interests of public perception, Cr Flack decided to leave the meeting for this item.

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 17 March 2011

2735/11 RESOLVED:       (Smyth/South)

 

That the minutes of the Ordinary Council Meeting of 17 March 2011 be confirmed subject to the following:

 

Page 1        Under Disclosure of Interest from Councillor Smyth wording to read …..DA2004/136 was again ……

 

Page 1        Under Disclosure of Interest from Councillor Flack wording to read …..DA2004/136 was again ……

 

Page 5        Resolution 2744/11 wording to read …..what is meant by …….

 

Page 7        Item 8.1 – Amendment to Resolution 2755/11 to be under Resolution 2754/11

 

 

2736/11 Resolved:       (South/Smyth)

 

That the following delegations be heard:

 

Notice of Motion Strategic Planning and Development Committee

i)        Mrs Janine Reed—Supporting the Notice of Motion

 

Mrs Reed addressed Council to a prepared statement which is recorded on file.

 

 

NOTICE OF MOTION - CR Finlayson

 

ITEM 5.1      SF1595              070411      Notice of Motion - Strategic Planning and Development Committee

Motion:      (Finlayson/Court)

 

1        That Council undertakes the creation of a Strategic Planning and Development Committee comprising prominent Nambucca Valley business people and entrepreneurs with a view to those people making a contribution to directions and degrees of development within the Shire.

 

2        That the Committee comprises two Councillors, Council’s Economic Development Officer and twelve members of the business community.

 

3        That Council invites expression of interest by publication of an appropriate notice in local media and that members of the Committee be appointed by Council.

 

Amendment:       (Flack/Ballangarry)

 

That the membership of a Strategic Planning and Development Committee include a broad cross section of community including the following:

 

  • Business Sectors
  • Aboriginal Groups
  • Tourism Groups
  • Sporting Groups
  • Environmental Groups
  • and any other Group that staff believe should be represented

 

The Amendment was LOST.

 

Amendment:       (Hoban/Court)

 

That Council create an Economic Directions Committee comprising prominent Nambucca Valley business people and entrepreneurs with a view to those people making a contribution to directions and degrees of development within the Shire. Further a report come back to Council on the terms of reference, including its role, selection of members, frequency of meeting, voting arrangements and any delegations of authority prior to inviting expression of interest.

 

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

 

2737/11 Resolved:       (Hoban/Court)

 

That Council create an Economic Directions Committee comprising prominent Nambucca Valley business people and entrepreneurs with a view to those people making a contribution to directions and degrees of development within the Shire. Further a report come back to Council on the terms of reference, including its role, selection of members, frequency of meeting, voting arrangements and any delegations of authority prior to inviting expression of interest.

 

 

 

NOTICE OF MOTION - CR Finlayson

 

ITEM 5.2      SF1589              070411      Notice of Motion - New Development Applications Lodged in Previous Month

2738/11 RESOLVED:       (Finlayson/Moran)

 

That at the first ordinary Council Meeting of each month, Council is to receive a report of all new Development Applications lodged the previous month where the value of such development exceeds the sum of $500,000.00. Such report is to include:-

 

a)       identity of applicant

b)       brief description of nature of application (eg. school, steel mill, residential subdivision etc)

c)       location of site of the proposed development.

 

 

 

 

 

NOTICE OF MOTION - CR South – LATE

 

ITEM 5.3      SF1595              070411      Notice of Motion - Request for Leave - Cr Elaine South - 18 April to 18 May 2011

2739/11 RESOLVED:       (South/Flack)

 

That Cr South be granted leave of absence, in accordance with Section 234(d) of the Local Government Act, for the period Monday 18 April 2011 to Wednesday 18 May 2011 inclusive.

 

 

 

 

 

NOTICE OF MOTION - CR South – LATE

 

ITEM 5.4      SF841                070411      Notice of Motion - Safety Improvements - Pacific Highway - Eungai to Nambucca Heads

2740/11 RESOLVED:       (South/Flack)

 

1        That Council request the Roads and Traffic Authority conduct a safety review of that section of the Pacific Highway between Eungai and Nambucca Heads with a view to undertaking interim safety works including consideration of speed zones and speed cameras pending its full upgrade.

 

2        That Council seek the support of its Local Member and Deputy Premier, Mr Andrew Stoner MP, to this request.

 

 

 

  

 


 

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

 

Cr Finlayson declared interest in No 6 – Easement for Valla Beach Pre-School at 7.46 pm.

 

ITEM 9.1      SF959                070411      Outstanding Actions and Reports

2741/11 RESOLVED:       (Flack/Ballangarry)

 

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

 

 

 

 

 

2742/11 Resolved:       (Finlayson/South)

 

That Cr Court chair the meeting for Item 9.2 as the Mayor has declared a pecuniary interest in this Item.

 

 

 

 

The Mayor, Cr Hoban and Cr Moran left the meeting for this Item at 7.50 pm and returned after the conclusion at 7.51 pm with Cr Court taking the chair.

 

ITEM 9.2      SF544                070411      S94E Ministerial Direction - Smiths Lane Local Roads and Traffic Infrastructure Contribution Plan 2010

2743/11 RESOLVED:       (Finlayson/South)

 

1        That the Report on S94E Ministerial Direction, Smiths Lane Local Roads and Infrastructure Contribution Plan 2010, be received and contents noted.

 

2        That it be noted that new development applications for subdivision on Smiths Lane will have Section 94 contributions of $24,188 per additional lot instead of $20,000 per additional lot.

 

 

 

 

ITEM 9.3      SF42                  070411      Review of Council Policy - Payment of Fees, Expenses & Provision of Facilities to Councillors

2744/11 RESOLVED:       (Flack/Court)

 

That Council provide public notice of its intention to adopt its existing Policy – “Payment of Fees, Expenses and Provision of Facilities to Councillors” without amendment.

 

 


 

ITEM 9.4      SF332                070411      Scotts Head Tennis Club Committee of Management - Minutes of the Annual General Meeting - 16 March 2011

2745/11 RESOLVED:       (Flack/Finlayson)

 

That Council endorse the Scotts Head Tennis Club Committee of Management’s minutes of the Annual General Meeting held on 16 March 2011 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

 

 

ITEM 9.5      SF1480              070411      Licence to Nambucca Holiday Park for encroachment onto Crown Land

MOTION:      (Finlayson/Court)

 

1          That Council in its capacity as Reserve Trust Manager for Reserve R88941 and pending finalisation of a long term Lease Agreement grant a Licence to the registered proprietor of Lot 162 in DP 755560  for occupation of the area of encroachment onto part lot 7003 in DP 1113130 and part lot 7001 DP 1117183 for a period of three years subject to terms and condition deemed reasonable and appropriate by Council’s legal advisor on the matter.

 

2          That the General Manager and the Mayor be authorised to conclude negotiations for the License terms and conditions and execute all documents required to give effect to the Licence of part Reserve R88941.

 

Amendment:       (Smyth/Ballangarry)

 

That pending receipt of a written request from the owner of most recent encroachment, Council write to the Land and Property Management Authority regarding whether the lease would include new encroachments or only previous encroachments.

 

Amendment was Withdrawn.

 

2746/11 Resolved:       (Moran/Finlayson)

 

That the Mayor Put the Motion that is on the table.

 

2747/11 Resolved:       (Finlayson/Court)

 

1       That Council in its capacity as Reserve Trust Manager for Reserve R88941 and pending finalisation of a long term Lease Agreement grant a Licence to the registered proprietor of Lot 162 in DP 755560  for occupation of the area of encroachment onto part lot 7003 in DP 1113130 and part lot 7001 DP 1117183 for a period of three years subject to terms and condition deemed reasonable and appropriate by Council’s legal advisor on the matter.

 

2       That the General Manager and the Mayor be authorised to conclude negotiations for the License terms and conditions and execute all documents required to give effect to the Licence of part Reserve R88941.

 

 

 


 

ITEM 9.6      SF29                  070411      Clarence Regional Library Service - Draft Library Agreement and Level of Members' Financial Contributions

Motion:      (Flack/Finlayson)

 

That Council accept the financial terms for a new agreement for the Clarence Regional Library as resolved by Clarence Valley Council on 15 March 2011 subject to the proposed new Agreement lapsing on 30 June 2013 (at the latest).

 

Amendment:       (Court/Finlayson)

 

1        That Council accept the financial terms for a new agreement for the Clarence Regional Library as resolved by Clarence Valley Council on 15 March 2011 subject to the proposed new Agreement lapsing on 30 June 2013 (at the latest).

 

2        That a Committee be formed comprising of the Mayor, Library Delegates and Manager Community and Cultural Services to investigate the possibility of forming a relationship with other local Council Libraries and that the Committee report back to Council by February 2012.

 

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

 

2748/11 Resolved:       (Court/Finlayson)

 

1        That Council accept the financial terms for a new agreement for the Clarence Regional Library as resolved by Clarence Valley Council on 15 March 2011 subject to the proposed new Agreement lapsing on 30 June 2013 (at the latest).

 

2        That a Committee be formed comprising of the Mayor, Library Delegates and Manager Community and Cultural Services to investigate the possibility of forming a relationship with other local Council Libraries and that the Committee report back to Council by February 2012.

 

2749/11 Resolved:       (Smyth/Flack)

 

That Council write to the relevant Minister and local Member of Parliament asking when the promised $2Million for Regional Libraries can be expected.

 

2750/11 Resolved:       (Hoban/Court)

 

That Council write to the Clarence Valley Council asking what they anticipate future contributions to the Clarence Regional Library will be when the Strategic Plan has been completed and the planned outcomes achieved.

 

 

 

 


 

ITEM 9.7      SF1619              070411      Integrated Planning and Reporting - Discussion Paper on Civic Leadership

Motion:      (Finlayson/Court)

 

That the amended information in the discussion paper “A Best Value Council” be received.

 

Amendment:       (Flack/Smyth)

 

That the amended information in the discussion paper be received and the document titled “Your Council – A Governance Discussion Paper”.

 

The amendment was Lost.

 

2751/11 Resolved:       (Finlayson/Court)

 

That the amended information in the discussion paper “A Best Value Council” be received.

 

 

 

 

 

ITEM 9.8      SF1415              070411      Internal Audit Charter and Strategic Internal Audit Plan

2752/11 RESOLVED:       (Court/Moran)

 

1        That the information concerning the Internal Audit Charter and Strategic Internal Audit Plan be received.

 

2        That Councillors provide any comments in relation to the Internal Audit Charter and Strategic Internal Audit Plan to the Mayor so they may be considered at a meeting of the Internal Audit Committee to be scheduled in April 2011.

 

 

 

 

 

ITEM 9.9      SF402                070411      Fuel Tax Credit Additional Claim

2753/11 RESOLVED:       (South/Moran)

 

That the report on Fuel Tax Credit additional claim be received and contents noted.

 

 

 

 

 

ITEM 9.10    SF1389              070411      Grant Application Status Report - 7 February 2011

2754/11 RESOLVED:       (South/Ballangarry)

 

That the list of grant applications and their status to 31 March 2011 be received.

 

 

 

 


The Director Environment and Planning left the meeting for this Item at 8.46 pm and returned after the conclusion at 8.57 pm.

 

ITEM 9.11    DA2010/234        070411      Proposed New Primary School (St Patricks) - 21 Dudley Street, Macksville

2755/11 RESOLVED:       (Court/Flack)

 

That the information concerning the report by Council’s Manager Planning & Assessment to the Northern Region Joint Regional Planning Panel as well as the meeting arrangements to determine DA2010/234 be received.

 

2756/11 Resolved:       (Moran/South)

 

That the Mayor make a presentation to the Joint Regional Planning Panel (JRPP) meeting and be available to answer any questions.

 

NoteCr Smyth requested that her vote be recorded as against this resolution.

 

 

 

 

General Manager Report – LATE

 

Cr Finlayson left the meeting at 8.57 pm and returned at 9.00 pm

 

ITEM 9.12    SF358                070411      Additional Lane at the Macksville Aquatic Centre

2757/11 RESOLVED:       (Court/South)

 

That Council allocate the balance of funds required to complete the repainting and retiling of the Macksville Pool and the installation of an additional lane from the Section 94 Fund allocation for the Macksville Park.

 

2758/11 Resolved:       (Flack/Court)

 

That the General Manager report on the options for the use of the funds in the S94 reserve for public recreation in the Macksville/Scotts Head catchment including foreshore redevelopment at River Street, Macksville.

 

 

 

 

Director Environment and Planning Report

 

2759/11 Resolved:       (Flack/Smyth)

 

That each item in the recommendation of the following recommendation on Outstanding DA's greater than 12 months, applications where submissions received not determined to 28 March 2011 be dealt with separately.

 

 


Crs Flack and Smyth left the meeting for recommendation 1 of this Item at 9.04 pm and returned at 9.05 pm.

Director Environment and Planning left the meeting for recommendations 2 and 3 of this item at 9.05 pm and returned at 9.06 pm.

 

ITEM 10.1    SF1589              070411      Outstanding DA's greater than 12 months, applications where submissions received not determined to 28 March 2011

2760/11 RESOLVED:       (Hoban/South)

 

1          That Council note the progress of DA2004/136.

 

2761/11 Resolved:       (Court/South)

 

2          That the remaining outstanding development applications (at least 12 months old) and applications received, be noted and received for information by Council.

 

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

 

 

 

 

ITEM 10.2    SF1589              070411      DA's and CDC's Received and Determined under Delegated Authority to 28 March 2011

2762/11 RESOLVED:       (Flack/Court)

 

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

 

 

 

 

 

ITEM 10.3    SF799                070411      'A Celebration In Dance' held for Seniors Week 2011

2763/11 RESOLVED:       (Flack/Ballangarry)

 

That Council note the success of the 2011 Seniors Week event held Wednesday 23 March 2011 at the Nambucca Heads RSL Club, Nambucca Heads and a thank you be forwarded to the people involved, particularly the High School students.

 

 

 

 

 

Director Engineering Services Report

 

ITEM 11.1    SF843                070411      Minutes of the Vehicular Access to Beaches Committee - 11 March 2011

2764/11 RESOLVED:       (Flack/Court)

 

1        That the minutes of the Vehicular Access to Beaches Committee meeting held on 11 March 2011 be noted and adopted.

 

2        That Council establish a reserve for unspent funds generated by the income emanating from the vehicle beach access permits.

 

 

 

 

ITEM 11.2    SF878                070411      Mid North Weight of Loads Group

2765/11 RESOLVED:       (Flack/Smyth)

 

1        That Council continue membership of the Mid North Weight of Loads Group.

 

2        That an amount of $12,800 be included in the 2011/2012 budget as Council’s contribution to the Mid North Weight of Loads Group.

 

3        That Council request a presentation from the Executive of the Mid North Weight of Loads Group at a General Purpose Meeting.

 

4        That Council received and note the Minutes from the Mid North Weight of Loads Group meeting held 7 March 2011.

 

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

 

 

 

ITEM 11.3    SF844                070411      Nambucca District Water Supply Steering Committee Meeting - 30 March 2011

2766/11 RESOLVED:       (Finlayson/Moran)

 

That Council adopt the minutes of the Steering Committee Meetings held on 30 March 2011.

 

 

 

     

 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

2767/11 RESOLVED:       (Court/Smyth)

 

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 12.1    T047/2010           070411      Tender Management of Macksville Aquatic Centre

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) (d) 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; AND 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 12.2    DA2008/086        070411      Nambucca Heads - Skate Park - Notice of Intent - Civil Enforcement Action Section 123 EP&A Act

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) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 9.15 pm.

 

 


RESUME IN OPEN MEETING

 

2768/11 RESOLVED:       (Flack/Smyth)

 

That Ordinary Council Meeting resume in Open Meeting.  The Ordinary Council Meeting resumed IN OPEN MEETING at 9.20 pm.

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

 

ITEM 12.1    T047/2010           070411      Tender Management of Macksville Aquatic Centre

2769/11 RESOLVED:       (Flack/Smyth)

 

1          That Council elect to not accept any of the Tenders submitted for T047/2010.

 

2          That Council elect not to invite fresh Tenders or applications on the basis that:

 

             a    The field of candidates is limited given the scope of Council’s request for Tender to manage the Macksville Memorial Aquatic Centre;

 

             b    Inviting fresh Tenders will incur additional costs to Council which is not justifiable in the circumstances and may not achieve a better outcome for Council; and

 

             c     The evaluation panel has reviewed the submitted Tenders and is satisfied that subject to a number of clarification and substantiations the highest ranking conforming Tender and the non conforming Tender can potentially deliver the required contract outcomes.

 

3          That Council enter into direct negotiations with both:

 

            a     Leah–Shai Pty Ltd (the incumbent Contractor) with a view to obtaining clarification on apparent accounting irregularities identified in their Tender submission and which if corrected may present Council with a better contract outcome, and, on the basis they have demonstrated that they have the ability to adequately operate the MMAC to a satisfactorily standard.

 

 

 

 

 

b     YMCA (non conforming Tender) on the basis that, but for the non conforming aspect  of the Tender submission, the YMCA proposal appears to best meet the expectation of annual contract price and which may best fulfil Council’s identified contract objective if forecasted income projections can be substantiated and venue specific business plan details can be confirmed.

 

4    That a report come to Council on the outcome of the negotiation process.

 

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    DA2008/086        070411      Nambucca Heads - Skate Park - Notice of Intent - Civil Enforcement Action Section 123 EP&A Act

2770/11 RESOLVED:       (Flack/Hoban)

 

That Council seek its own legal advice in regard to its position to defend an action brought under Section 123 of the Environmental Planning and Assessment Act in regard to which may be the consent conditions for DA2008/068.

 

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 9.21 pm. 

 

Confirmed and signed by the Mayor on 21 April 2011.

 

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)