NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 16 June 2011

 

The following document is the minutes of the Council meeting held on 16 June 2011.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 7 July 2011 and therefore subject to change.  Please refer to the minutes of 7 July 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 Elaine South

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Phil Gall (Acting Director Environment & Planning)

Paul Gallagher (Director Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

APOLOGIES

 

Cr Anne Smyth

Cr Michael Moran OAM

 

 

PRAYER

 

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

 

 

DISCLOSURE OF INTEREST

 

There were no disclosures of interest.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

2 June 2011

 

2889/11 RESOLVED:       (Flack/Ballangarry)

 

That the minutes of the Ordinary Council Meeting of 2 June 2011 be confirmed subject to the following correction:

 

Page 5         Item 9.2 – the amendment no 1 and resolution no 1 should include “…that Council agreed not to accept the backpay…”

 

 

 


NOTICE OF MOTION - CR Hoban – LATE

 

ITEM 5.1      SF1595              160611      Notice of Motion - Internal Audit Committee Meeting 5 July 2011 - Review of Development Application Processing

2890/11 RESOLVED:       (Flack/South)

 

1        That, at the Internal Audit meeting of 5 July 2011, Council request that the scheduled 2013 review of our development application processing be brought forward.

 

2        That Council employ an independent professional planner to assist our Internal Auditor in conducting the review.

 

 

 

NOTICE OF MOTION - CR Smyth – LATE

 

ITEM 5.2      SF1595              160611      Notice of Motion - Request for Leave - Cr Anne Smyth

2891/11 RESOLVED:       (Flack/Ballangarry)

 

That Cr Anne Smyth be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 13 June 2011 to 4 July 2011 inclusive.

 

  

 

NOTICE OF MOTION – CR FLACK – LATE

 

GB8/11 - Cr. Paula Flack - Notice of Motion - Request for Leave - Cr Paula Flack (Ref SF1595)

2892/11 Resolved:       (Flack/Court)

 

That Cr Paula Flack be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 29 June to 2 July 2011 inclusive.

 

 

 

DELEGATIONS

 

Resolved: (Ainsworth/Flack)

 

That the following delegations be heard:

ITEM 10.1  Old Rugby League Amenities Building - Coronation Park, Nambucca Heads

          i)        Mr Trevor Keast – President, Coronation Park Committee of Management

          ii)       Mr Richard Ellis - Vice President, Coronation Park Committee of Management

 

Mr Keast addressed Council making the following points:

·    Apologised for not having paperwork completed on time

·    Only received engineer’s details in early May 2011

·    Like to see the extension be granted by Council

·    Like a couple more months to get the business plan to Council

·    Will need old building for the toilets for games this year

 

Mr Ellis did not address Council.


 

ITEM 10.1    PRF15                160611      Old Rugby League Amenities Building - Coronation Park, Nambucca Heads

2893/11 RESOLVED:       (Flack/Court)

 

1        That Council receive and note the Structural Engineer’s Drawing and Certification that the old amenities building at Coronation Park will be structurally adequate for the intended use once the proposed structural modifications are carried out on the building.

 

2        That the Council defer the demolition of the old rugby league amenities building at Coronation Park, Nambucca Heads for a further 3 months until 30 September 2011 to allow the Coronation Park Trust to complete their proposal to restore parts of the building and demonstrate their ability to fund the project and ongoing maintenance of the building.

 

3        That Council allow the $19,200.00 allocated for the demolition of the amenities block to be used towards the remedial modification works for the building on the provision that the Coronation Park Trust can demonstrate their ability to fund the shortfall in funding for the restoration and ongoing maintenance of the building.

 

4        That following the Coronation Park Trust demonstration of their ability to fund the shortfall in funding for the restoration and ongoing maintenance of the building that works are to commence on the restoration of the existing building immediately at the cessation of the current football season and completed by no later than 30 March 2012.

 

 

 

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 ManagerS ReportS

 

ITEM 8.1      SF959                160611      Outstanding Actions and Reports

2894/11 RESOLVED:       (Ainsworth/South)

 

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

 

 

 

ITEM 8.2      PRF54                160611      Boultons Crossing (Gumma) Reserve - Future Management

Motion:      (Court/Flack)

 

That Council advise the Land and Property Management Authority that it is no longer in a position to manage the Gumma (Boulton’s Crossing) Reserve and that it make arrangements for Council to be removed as Trust Manager.

 

Amendment:       (Ainsworth/Finlayson)

 

That this item be deferred so that Council can write to the Land and Property Management Authority and seek information as to what money and other assistance is available from the Authority.

 

The amendment was LOST.

 

Motion:      (Court/Flack)

 

That Council advise the Land and Property Management Authority that it is no longer in a position to manage the Gumma (Boulton’s Crossing) Reserve and that it make arrangements for Council to be removed as Trust Manager and that a Reserve Trust be established comprising local residents to manage the Reserve.

 

The Motion was carried and it was:

 

2895/11 Resolved:       (Court/Flack)

 

That Council advise the Land and Property Management Authority that it is no longer in a position to manage the Gumma (Boulton’s Crossing) Reserve and that it make arrangements for Council to be removed as Trust Manager and that a Reserve Trust be established comprising local residents to manage the Reserve.

 

NoteCr Ainsworth requested that his vote be recorded as against this resolution as he believes that Council does not have all the information from the Land and Property Authority in order to make a proper decision.

 

2896/11 Resolved:       (Hoban/Court)

 

That LPMA be advised that Council wishes to see continuity in use of the Reserve for primitive camping and a day use area.

 

 

 

ITEM 8.3      SF839                160611      Annual Reporting of Contracts for Senior Staff

2897/11 RESOLVED:       (Flack/Ainsworth)

 

1        That the information concerning the provisions of the General Manager’s contract be received.

 

2        That Council suggest any changes to the second part of the General Manager’s Performance Agreement for 2011/2012 and that there be an annual presentation to Council of the Annual Report incorporated in Part 2 of the Performance Agreement.

 

 

 

ITEM 8.4      SF764                160611      Proposed Ocean Monitoring Station on Part Crown Reserve 88941 - Nambucca Heads Beach

2898/11 RESOLVED:       (Court/South)

 

That Council, in its capacity as Reserve Trust Manager for Crown Reserve 88941, support the request of the James Cook University for a licence of part Reserve 88941 for the purpose of erecting an Ocean Monitoring System along the dunal system at North Nambucca Beach.

 

2899/11 Resolved:       (Flack/Court)

 

That Council undertake to establish a photographic record of the state of the dunes, in particular the vegetation along the route, for Council’s records and when the project is complete that Council satisfy itself that the site is left in the same condition prior to refunding the bond.

 

 


 

ITEM 8.5      SF394                160611      Investment Report to 31 May 2011

2900/11 RESOLVED:       (Flack/Ainsworth)

 

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

 

 

 

ITEM 8.6      SF1528              160611      Compliance With GIPA Act - Publication Guide Review due by 31 July 2011

2901/11 RESOLVED:       (Flack/Hoban)

 

That Council endorse its Publication Guide which is currently available on Council’s website.

 

 

 

ITEM 8.7      SF331                160611      Scotts Head Sports Field Committee of Management - Junior Sports Club - Financial Statement

2902/11 RESOLVED:       (Ainsworth/Court)

 

That Council note the Scotts Head Junior Sports Club financial statement.

 

 

 

ITEM 8.8      SF1538              160611      Classification of Operational Land, Susanah Place, Macksville

Motion:      (Ainsworth/Court)

 

That Lot 19 DP 1162372, Susanah Place, Macksville be classified as Operational Land pursuant to and in accordance with the Local Government Act 1993.

 

Amendment:       (Flack/Court)

 

That the matter be deferred so Council can seek clarification of the history of the matter.

 

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

 

2903/11 Resolved:       (Flack/Court)

 

That the matter be deferred so Council can seek clarification of the history of the matter.

 

 

 

General ManagerS ReportS– LATE

 

ITEM 8.9      SF600                160611      Proposed Sale of Lot 100 Kylie Street, Macksville

2904/11 RESOLVED:       (Ainsworth/Flack)

 

1          That Council offer to sell lot 100 in DP 1041228 to the registered proprietors of Lot 162 in DP 614701 for a sale price not less than $55,000 (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.

 

2          That the offer of $55,000 for the sale of Lot 100 in DP 1041228 remain open to the owners of Lot 162 in DP 614701 for a period of three months.

 

3          That, in the event the offer is accepted 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.

 

4          That the council seal be affixed to the contract for sale and transfer document pursuant to the provision of section 400 of the Local government regulations 2005.

 

 

 

ITEM 8.10    SF45                  160611      Shires Association of NSW - 2011 Annual Conference

2905/11 RESOLVED:       (Flack/Court)

 

That the information concerning the LGMA Forum and Shires’ Conference be received.

 

 

 

ITEM 8.11    DA2010/234        160611      Land and Environment Court Appeal against Refusal by Joint Regional Planning Panel of Proposed Catholic Primary School, Dudley Street, Macksville

2906/11 RESOLVED:       (Ainsworth/Hoban)

 

1        That the information concerning Council lodging a submitting appearance to an appeal by the Catholic Diocesan Office against the refusal of the Joint Regional Planning Panel to issue consent to the proposed Catholic Primary School in Dudley Street, Macksville, be received.

 

2        That the Department of Planning be advised that Council will not be providing funding or legal support to the Joint Regional Planning Panel for any appeal in relation to their refusal to issue consent to the proposed Catholic Primary School in Dudley Street, Macksville.  However Council will meet the costs of its Manager Planning and Assessment attending the court as required.

 

3        That Council’s local member, the Hon. Andrew Stoner MP be advised of Council’s action.

 

 

 

 

ITEM 8.12    SF674                160611      Coffs Coast Waste Services Processing and Resource Recovery Operations - Proposed Variation to Contract

2907/11 Resolved:       (Court/Flack)

 

That subject to:

 

(a)  Coffs Harbour City Council (CHCC)resolving to vary Contract No 03/04-147-TS between CHCC and the Waste Processing Contractor (WPC) as set out in the confidential attachment to this Report entitled “Outline of provisions to be included in deed varying Contract No 03/04-147-TS Between Coffs Harbour City Council and Biomass Solutions (Coffs Harbour) Pty Limited (WPC)” (the Resolution);and

 

(b)  Bellingen Shire Council consenting in writing, pursuant to the Deed executed by CHCC on 7 November 2005 and by Bellingen Shire Council on 2 December 2005 and by Council on 21 July 2004 (the Deed), to CHCC implementing the Resolution and

 

(c)  Westpac Banking Corporation ABN 79 007 457 141 consenting in writing to CHCC implementing the Resolution; and

 

(d)  The Guarantors to Contract No 03/04-147-TS between Council and Biomass Solutions (Coffs Harbour) Pty Limited ABN 37 101 675 165 (WPC) consenting in writing to CHCC implementing the Resolution;

 

Council resolve, pursuant to the Deed, to consent in writing to Coffs Harbour City Council implementing the Resolution.

 

 

2908/11 Resolved:       (Finlayson/Hoban)

 

That the Premier and Minister be advised of the history of the contract leading up to the present position and details of the steps that have been taken to resolve the problems that arose and pointing out the impact of any further adverse changes to the regulations will be catastrophic to the contractual agreements.  Further, that Council request the Premier and Minister to consider making a contribution to the costs from the funds the government collects from the waste levy.

 

 

 

Director Environment and Planning ReportS

 

ITEM 9.1      SF1589              160611      Outstanding DA's greater than 12 months, applications where submissions received not determined to 6 May 2011

Recommendation:

 

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

 

 

 

 


ITEM 9.2      SF1589              160611      DA's and CDC's Received and Determined under Delegated Authority to 6 June 2011

2909/11 RESOLVED:       (Ainsworth/Finlayson)

 

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

 

 

 

ITEM 9.3      SF1589              160611      DEP Applications and Statistical Reports July 2010-June 2011, 2007-2011 and Certificates Received 2007-2011

2910/11 RESOLVED:       (Court/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              160611      Contract Regulatory Officer's Report May 2011

2911/11 RESOLVED:       (Court/South)

 

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

 

 

 


 

ITEM 9.5      SF1614              160611      Minutes of the Access Committee meeting held 24 May 2011

2912/11 RESOLVED:       (Flack/Ballangarry)

 

That the Minutes of the Access Committee held 24 May 2011 be noted for information.

 

 

 

ITEM 9.6      DA2011/025        160611      Consideration of subdivision of village zoned land to create four (4) lots

2913/11 RESOLVED:       (Court/Ainsworth)

 

That Council determine DA 2011/025 for a four (4) lot residential (village) subdivision by granting development consent, subject to conditions attached to this report.

 

For the motion:  Councillors Court, Ballangarry, Flack, Finlayson, Ainsworth, South and Hoban      Total (7)

Against the motion: Nil                                  Total (0)

 

 

 

ITEM 9.7      SF812                160611      NAIDOC Week - 3 July to 10 July 2011

2914/11 RESOLVED:       (Flack/South)

 

1          That Council note NAIDOC Week is scheduled for Sunday 3 July to Sunday 10 July 2011 with the theme 'Change, the next step is ours'.

 

2          That Council hold a postcard project titled "A Message to Myself" incorporated with Storytime at the Nambucca Heads library.

 

 

Director Engineering Services ReportS

 

Item 10.1 was dealt with under Delegations.

 

 

ITEM 10.2    PRF53                160611      Foreshore Redevelopment - River Street, Macksville

2915/11 RESOLVED:       (Court/Ainsworth)

 

1        That Council approve the revised designs for the foreshore redevelopment - River Street, Macksville.

 

2        That construction plans be prepared and construction be staged to make use of allocated funds.

 

 

ITEM 10.3    SF992                160611      Minutes of the Nambucca Emergency Operations Centre Committee - 17 May 2011

2916/11 Resolved:       (South/Ainsworth)

 

That the minutes of the Nambucca Emergency Operations Centre Committee held 17 May 2011, be received and noted.

 

2917/11 Resolved:       (Flack/Court)

 

That, when the Agreement between Council and the Nambucca Emergency Operations Centre Committee is reviewed, Council consider the funding of the cleaning.

 

 

 

ITEM 10.4    SF1603              160611      Forecast Revotes to 2011/2012 - Civilworks

2918/11 RESOLVED:       (South/Ainsworth)

 

That the estimated revotes for 2010/2011 be noted and included in the June 2011 Budget Review.

 

     

 

Director Engineering Services Report – LATE

 

ITEM 10.5    SF90                  160611      Nambucca Shire Traffic Committee Meeting Minutes - 7 June 2011

2919/11 RESOLVED:       (Flack/Court)

 

That Council receive the minutes of the Nambucca Shire Traffic Committee meeting held on 7 June 2011 noting that Council has no authority to alter any regulatory matters.

 

 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

2920/11 RESOLVED:       (Court/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 reports are in Closed Meeting:

 

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF395                160611      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 7.50 pm.

 

 

 

 


RESUME IN OPEN MEETING

 

RESOLVED: (Ainsworth/Flack)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at  8.15 pm.

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

 

ITEM 12.1    SF395                160611      Comet Windmills - Donation of Windmill in Lieu of Outstanding Loan Balance

2921/11        (Finlayson/Court)

That the offer the windmill be declined and that Comet Windmills be required to pay the debt within 28 days otherwise Council will institute legal action without further notice.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 8.17 pm. 

 

Confirmed and signed by the Mayor on 7 July 2011.

 

 

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)