NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 02 June 2011 COMMENCING AT 5.30 PM

 

The following document is the minutes of the Council meeting held on 2 June 2011.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 2 June 2011 and therefore subject to change.  Please refer to the minutes of 16 June 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 Anne Smyth

Cr Elaine South

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Noel Chapman (Manager Civil Works)

Paul Gallagher (Director Engineering Services)

Steven Williams (Property Officer)

Greg Meyers (Director Environment & Planning)

Lorraine Hemsworth (Minute Secretary)

 

APOLOGY

 

Cr Michael Moran OAM

 

 

PRAYER

 

Reverend Lisa Williams, from the Nambucca Heads Anglican Church, offered a prayer on behalf of the Nambucca Minister's Association.

 

DISCLOSURE OF INTEREST

 

Councillor A Smyth declared a non-pecuniary less significant conflict of interest in Item 10.9 Report on Legal and Debt Recovery Costs for period 1/07/2010 to 18/5/11 – Recommendation No 3 under the Local Government Act as she was a member of the Nambucca Valley Conservation Association at the time of the Court challenge brought by them against Council. Cr Smyth decided to leave the meeting for this item.

 

Councillor P Flack declared a non-pecuniary less significant conflict of interest in Item 10.9 Report on Legal and Debt Recovery Costs for period 1/07/2010 to 18/5/11 – Recommendation No 3 under the Local Government Act as she was an executive member of the Nambucca Valley Conservation Association prior to it taking the legal action referred to in recommendation 3 regarding DA 2004/136. Cr Flack decided to leave the meeting for this item.

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 19 May 2011

2864/11 RESOLVED:       (Flack/Smyth)

 

That the minutes of the Ordinary Council Meeting of 19 May 2011 be confirmed with the following amendments:

 

Item 5.3       Replace wording “relocated” to “remove” in original Motion;

                   Remove Cr Flack as seconder for first Amendment and replace with Cr Finlayson.

 

 

 

NOTICE OF MOTION - CR Smyth

 

ITEM 5.1      SF1595              020611      Notice of Motion - LGSA Tourism Conference 9-11 March 2011 - Report

28645/11 ReSOLVED   (Smyth/Flack)

 

That Council note the report on the Tourism Conference.

 

 

 

NOTICE OF MOTION - CR Hoban

ITEM 5.2      SF1595              020611      Notice of Motion - Cr Moran - Indefinite Leave

2865/11 ReSOLVED(Hoban/Court)

 

That Cr Michael Moran OAM be granted indefinite leave in accordance the Local Government Act.

 

 

PUBLIC FORUM

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

 

i)       Prof. Mal Heron on behalf of James Cook University - Coastal Monitoring System

 

·          Professor Heron provided an overview of a research project to monitor the East Australia current.

·          A station is proposed to be located at Nambucca Heads.

·          Details are on file, TRIM reference 12904/2011.

 

ii)       Yvonne Ambrose addressed Council on issues with Adin Street oval, parking and dog regulations at Scotts Heads

 

·          Long time resident and rate payer of Scotts Head

·          Property overlooks Adin Street Oval and park is in constant use

·          Request to keep the green space for children

·          Cars park on Adin street

·          It is proposed to construct cabins in Adin Street – where will the extra cars park?

·          There is no footpath along Adin Street

·          Dog laws – bailed up by dogs not on leashes

 

iii)      Coral Kerr addressed Council on Dogs to a prepared statement which is on file SF1624.

 

·          Dog regulations have changed and now dogs are in family areas

·          Request to revert back to previous regulations regarding dogs on beaches and leash areas

 

iv)      Angie Evans addressed Council to a prepared statement which is on file SF807 on behalf Erin Chapman – 10 year view for Pre-School at Scotts Head

 

·         Group of families would like to establish an early childhood centre

·         “Little Fins” group run a playgroup - 45 children between 0-5 years - 29 families

·         Seeks support to lobby government for funding

·         Would like to build playgroup within the school and for them to manage funds

·         Request to be included in Council’s 10 year Community Strategic Plan

 

 

v)       John Bell addressed Council to a prepared statement which is on file SF437– Access to Main Beach, Scotts Head

 

·         Concerns expressed in regards to access to Main beach – difficult to access at moment

·         Continual erosion

·         Suggested ramp off existing boat ramp towards storm water outlet

·         Problem with trees falling onto beach

·         Requesting something be done about it and that Council take responsibility

 

vi)      Gloria Mercer – Obstruction at corner of Adin and Gloucester Streets, skateboard island, tar crumbling in front her residence at 22 Wallace Street, Scotts Head and Dogs

 

·         Road broken up in front of home

·         Clumps of asphalt being thrown by kids

·         Obstruction at corner of Adin and Gloucester St reets should be removed (traffic island)

·         Regular walker on beaches and in Caravan Park – dog faeces everywhere and dogs not on leads

 

 

DELEGATIONS

2866/11 Resolved:       (Ainsworth/South)

 

That the following delegations be heard in relation to Item 9.5 Contract for the operation and management of the Macksville Memorial Aquatic Centre.

 

i)        Melanie Southwell (Group Manager) YMCA of Sydney

ii)       Theresa Ryan on behalf of Leah-Shai Pty Ltd - Macksville Memorial Aquatic Centre

iii)      Phillip Hare CEO YMCA of Sydney

iv)      Sam Aboud on behalf Leah-Shai Pty Ltd - Macksville Memorial Aquatic Centre

 

i)    Melanie Southwell (Group Manager) YMCA of Sydney

 

·       Lifeguard and learn to swim teacher

·       Asked to manage 4 centres

·       Asked to manage Singleton Swim and Gym

·       Will adapt model to local community

·       YMCA invests back into centres and communities

·       Will buy new equipment

·       Always reinvesting budget

·       Registered training provider

·       Breakfast clubs at Lakehaven

·       Fee assistance program – 100 people on program

·       WIZZ Kids Program at Kurri Kurri for children with disabilities


 

ii)   Theresa Ryan on behalf of Leah-Shai Pty Ltd - Macksville Memorial Aquatic Centre

·       Mr Cummings feeds children from own pocket

·       Demonstration of those attending in support of pool

·       Voluntary trainer

·       Mr Cummings has given Ms Ryan confidence to be a personal trainer

·       Every program offered by YMCA is offered by Mr Mark Cummings

·       Ms Ryan checked the referee checks

·       42,000 people in Kurri Kurri

·       Heaps of comments against YMCA at other centres

·       Mr Cummings talks to the indigenous kids

·       Mr Cummings connects with the kids

·       Staff members at pool committed to customers

·       3 x 3 or 3 x 5 year contracts at other YMCA pool centres

·       Ms Ryan stated she can train people anywhere

·       Ms Ryan stated she put the Councillors into power

 

iii)  Phillip Hare CEO YMCA of Sydney

·       Has worked for YMCA for 23 years

·       No bonuses for growing organisation

·       Head for business, heart of not for profit

·       Greater than 100 operations in NSW

·       Greater than 300 operations in Australia

·       Rotate staff in centres

·       Staff development programs,  Melanie Southwell being an example

·       Model is to bring in more people, not to increase fees

·       All staff employed live locally and carry over

 

iv)  Sam Aboud on behalf Leah-Shai Pty Ltd - Macksville Memorial Aquatic Centre

 

 

 


ITEM 9.5      T047/2010           020611      Contract for the Operation and Management of the Macksville Memorial Aquatic Centre

2867/11 ReSOLVED     (Court/Smyth)

 

That Council contract the YMCA for a period of five (5) years commencing 1 July 2011 for the Operation and Management of the Macksville Memorial Aquatic Centre.

 

 

 

 


The Mayor adjourned the meeting at 7.35 pm to allow members of the public gallery to depart the meeting.  The meeting resumed at 7.40 pm.

 

 

 

 


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 9.1      SF959                020611      Outstanding Actions and Reports

2868/11 ReSOLVED     (South/Finlayson)

 

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

 

 

2869/11 Resolved:       (Flack/Court)

 

That Council write directly to the NSW Scientific Committee and request they list the Indian Myna bird as a key threatening process.

 

 

 

 

ITEM 9.2      SF270                020611      Local Government Remuneration Tribunal - Increase in Councillor Remuneration for 2010/2011 and Determination of Increase for 2011/2012

MOTION(Flack/South)  

 

1        That Council adjust its Councillor Annual Fee and the additional Mayoral Allowance to the maximum permitted for a rural council for the 2010/2011 financial year being $9,570 for each Councillor and $20,890 for the additional Mayoral Allowance.

 

2        That the change in fees be backdated to 1 July 2010 in accordance with the determination by the Local Government Remuneration Tribunal.

 

3               That Council increase its Councillor Annual Fee and the additional Mayoral Allowance to the maximum permitted for a rural council for the 2011/12 financial year being $9,970 for each Councillor and $21,770 for the additional Mayoral Allowance.

 

Amendment:       (Court/Ainsworth)

 

1        That Council adjust its Councillor Annual Fee and the additional Mayoral Allowance to the maximum permitted for a rural council for the 2010/2011 financial year being $9,570 for each Councillor and $20,890 for the additional Mayoral Allowance.

 

2        That Council increase its Councillor Annual Fee and the additional Mayoral Allowance to the maximum permitted for a rural council for the 2011/12 financial year being $9,970 for each Councillor and $21,770 for the additional Mayoral Allowance.

 

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

 

2870/11 Resolved:  (Court/Ainsworth)

 

1        That Council adjust its Councillor Annual Fee and the additional Mayoral Allowance to the maximum permitted for a rural council for the 2010/2011 financial year being $9,570 for each Councillor and $20,890 for the additional Mayoral Allowance.

 

2        That Council increase its Councillor Annual Fee and the additional Mayoral Allowance to the maximum permitted for a rural council for the 2011/12 financial year being $9,970 for each Councillor and $21,770 for the additional Mayoral Allowance.

 

 

 

 

ITEM 9.3      SF1389              020611      Grant Application Status Report - 20 May 2011

2871/11 Resolved     (Flack/Court)

 

That the list of grant applications and their status to 20 May 2011 be received.

 

 

 

 

ITEM 9.4      SF1602              020611      March 2011 Budget Review

2872/11 Resolved     (South/Ballangarry)

 

1        That the budget review for the quarter ended 31 March, 2011 be received.

 

2        That the recommended increases and decreases in votes be included as subsequent votes for the financial year 2010/2011.

 

 

 

Item 9.5 was dealt with under Delegations.

 

 

Director Environment and Planning Report

ITEM 10.1    SF1589              020611      Outstanding DA's greater than 12 months, applications where submissions received not determined to 6 May 2011

2873/11 Resolved     (Court/Ainsworth)

 

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

 

 

 


 

ITEM 10.2    SF1589              020611      DA's and CDC's Received and Determined under Delegated Authority to 23 May 2011

2874/11 Resolved     (Ainsworth/South)

 

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

 

 

 

 

ITEM 10.3    SF995                020611      Report on Registrations for the 20th NSW Coastal Conference at Tweed Heads on 8-11 November 2011

2875/11 Resolved     (Flack/Court)

 

1          That Councillors note that the 20th NSW Coastal Conference will be held in Tweed Heads from 8-11 November 2011.

 

2          That Council endorse any Councillor wishing to attend and those Councillors advise the Executive Assistant Environment and Planning, to ensure early registration is completed to take advantage of the discounts on offer

 

 

 

 

ITEM 10.4    SF1496              020611      Minutes of the Access Committee meeting held 19 April 2011

2876/11 Resolved     (Flack/South)

 

1        That the Access Committee be given the opportunity to view the planned work in the Bellwood Road area, as identified in the 2011/2012 works program, and comment on any access issues prior to commencement of the work.

 

2        That Nambucca Shire Council review the restricted parking sign and times at the Bowra Street taxi rank, near the pedestrian crossing, with a view to making it available only for taxi set-downs during business hours.

 

3        That the Access Committee review the ‘Application for an Event on Council Land’ form in regards to requirements for Accessible Parking.

 

4               That a letter be sent to the Roads and Traffic Authority requesting the re-instatement of the ticketed queuing system at Nambucca Heads registry.

 

5               That Council endorse the minutes of the access Committee meeting 19 April 2011.

 

 

 

 

 

ITEM 10.5    SF281                020611      Youth Week 2011 and Macksville Show Chill Out Space 2011

2877/11 Resolved     (Flack/South)

 

That Council note the success of Youth Week 2011, which included Local Grown, Youth Forum and the Art/Literature/Photography Exhibition, and the Macksville Show Chill Out Space 2011.

 

 

 

 

ITEM 10.6    SF1496              020611      Minutes of the Nambucca River, Creeks, Estuary and Coastline Management Committee Meeting held on 13 May 2011

2878/11 Resolved     (Ainsworth/Finlayson)

 

1          That the Minutes from the Nambucca River, Creeks, Estuary and Coastline Management Committee Meeting held on Friday, 13 May 2011 be endorsed.

 

2          That that Council place the Draft Lower Nambucca Flood Study Review on public exhibition for a period of at least 30 days.

 

3          That at the conclusion of the Exhibition period the consultants consider the submissions made and provide a report to the Nambucca River, Creeks, Estuary and Coastline Management Committee on any amendment to the Draft so the final draft may be adopted.

 

4          That Council consider running a flood model in the future, with the complete removal of the V-Wall parallel with the car park and road (but not including the removal of the sea wall) and the Stuart Island Causeway.

 

 

 

 

ITEM 10.7    SF841                020611      Nambucca River Users Group Request for Support for the Design of the new Nambucca River Bridge at Macksville

2879/11 Resolved     (Ainsworth/South)

 

That Council write to the RTA requesting that they design the new Nambucca River Bridge at Macksville to provide 62m between the main channel piers and ensure the bridge is tall enough to allow yachts to pass under the bridge at maximum high tide.

 

 

 

ITEM 10.8    DA2011/025        020611      Consideration of subdivision of village zoned land to create four (4) lots

2880/11 RESOLVED     (Hoban/Court)

 

That a decision on DA 2011/025 Consideration of subdivision of village zoned land to create four (4) lots be deferred to allow discussions about disputed conditions.

 

 

 


Crs P Flack and A Smyth left the meeting for Recommendation No. 3 only of this Item 10.9 at 8.25 pm and returned after the conclusion at 8.29 pm.

 

ITEM 10.9    SF128                020611      Report on Legal and Debt Recovery Costs for period 1/07/10 to 18/5/11

2881/11 Resolved:  flack/COURT (Flack/Court)

 

That each recommendation be dealt with individually.

 

2882/11 Resolved:       (Court/Ainsworth)

 

1          That Council note the current expenditure in relation to legal and debt collection fees.

 

Resolved: (Court/Flack)

 

2                     That Council note that the two Town Planning legal fees budgets are currently overspent and a further $10,000 and $1,000 respectively will need to be budgeted to these accounts to enable finalisation of the Nambucca Skate Park matter and for incidental legal matters.

 

2883/11 Resolved:       (Court/South)

 

3          That Council note the best estimate of costs associated with the Land and Environment Court Challenge for DA 2004/136 East West Road Valla.

 

 

 

 

ITEM 10.10   SF624                020611      Review and Refinement of the Northern Rivers Catchment Action Plan

2884/11 rESOLVED     (Court/South)

 

That Council identify and advise the Northern Rivers Catchment Management Authority of any specific issues they wish to be addressed with through the review and refinement of the Northern Rivers Catchment Action Plan.

 

2885/11 Resolved:       (Hoban/Ainsworth)

 

That the Northern Rivers Catchment Management Authority be asked to address all the issues raised in the submissions to the original Catchment Management blueprint which were not addressed and that this review process be advertised for community input.

 

 

 


 

ITEM 10.11   SF46                  020611      Membership  - Cemeteries and Crematoria Association

2886/11 Resolved     (Flack/South)

 

That Council not pursue membership of the Cemeteries and Crematoria Association of NSW.

 

 

 

Director Engineering Services Report

ITEM 11.1    SF61                  020611      Professional Lifeguard Services Report for the Contract Period 2010/2011

2887/11 Resolved     (Ainsworth/Ballangarry)

 

That Council receive and note the season report for 2010/2011 by Australian Lifeguard Service and that a letter be forwarded seeking clarification of attendance times on page 159 of the report.

 

 

 

 

ITEM 11.2    SF1310              020611      Nambucca Heads Sewerage Augmentation - Offer of Works In-Kind from NSW Water Solutions

2888/11 Resolved     (Hoban/South)

 

1        That Council accept the offer of works in-kind by NSW Water Solutions to the amount of $50,000 excluding GST.

 

2        That Council specify that the works in-kind by NSW Water Solutions be undertaken as a performance review of both the Macksville and Scotts Head Sewerage Treatment Plants.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 8.40 pm.

 

Confirmed and signed by the Mayor on 16 June 2011.

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)