The following document is the minutes of the Council meeting held on 25 October 2012.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 14 November 2012 and therefore subject to change.  Please refer to the minutes of 14 November 2012 for confirmation.

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Paula Flack

Cr Kim MacDonald

Cr Bob Morrison

Cr Anne Smyth

Cr Elaine South

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Greg Meyers (AGM Corporate & Community Services)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

PRAYER

 

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

 

 

DISCLOSURE OF INTEREST

 

Councillor B Morrison declared a non-pecuniary less significant conflict of interest in Item 9.6 Proposal to Site a M113 Armoured Personnel Carrier in Anzac Park, Nambucca Heads under the Local Government Act as Cr Morrison is a member of the Lions Club and a former member of the Australian Army and is a Vietnam Veteran.

 

General Manager, Michael Coulter, declared a pecuniary interest in Item 10.4 DA's and CDC's Received and Determined Under Delegated Authority from 29 September - 12 October 2012 under the Local Government Act as Mr Coulter is Hon Secretary of the Macksville Scotts Head Surf Life Saving Club and is the applicant for the development application for a storeroom extension listed in the report.  Mr Coulter left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 10 October 2012

 

3599/12 RESOLVED:       (Flack/Smyth)

 

That the minutes of the Ordinary Council Meeting of 10 October 2012 be confirmed.

 

 

 

DELEGATIONS

Resolved: (Ainsworth/Flack)

 

That the following delegations be heard:

 

10.6.. DA2012/069 Development Application For Designated Development - Precast Concrete Works - Increase Production To 200,000 Tonnes Per Year................................................................ 1

                   i)   Mr Phil Noakes—to update Council on the future of Australian Precast Solutions and to                 answer any questions

 

9.4   Proposed Revised Options for the Scotts Head Caravan Park.................................................. 3

        i)   Mr Jim Bolger, General Manager, North Coast Holiday Parks – Support

       ii)   Mr Neville Green, Planning & Design Officer, North Coast Holiday Parks – Support

 

9.5     Request to Acquire a Small Section of Gordon Park, Nambucca Heads................................. 4

        i)   Ms Kelli Leckie – Against

        ii)   Mr Clint Leckie – Against

 

9.6   Proposal to Site a M113 Armoured Personnel Carrier in Anzac Park, Nambucca Heads............ 4

        i)   Mr Steve Coleman President, Nambucca Heads Lions Club – Against

        ii)   Mr Peter O’Neill Vice President, Nambucca Heads Lions Club – Against

 

 

 

Mr Phil Noakes address Council making the following points:

·    Precast Project Manager since 2008 just after facility started production

·    Original application had provision for staged expansion

·    2011 applied for a temporary increase in production

·    Peaks in production in 2012 – average 85,000 tonne per year

·    Mid 2012 employed over 130 people with majority from local community—currently about 70 (fluctuates)

·    One of the biggest precast manufacturers in NSW

·    Large investment in reducing noise, have introduced complaints line

·    Looking at increasing scope which will keep local people employed

·    See themselves as part of the community eg assisting the Lions Clubs

·    Current operating hours will continue (as per condition 4)

 

ITEM 10.6    DA2012/069        251012      DA2012/069 Development Application For Designated Development - Precast Concrete Works - Increase Production To 200,000 Tonnes Per Year

Motion:      (Ainsworth/MacDonald)

 

1        That Council conditionally approve the designated development in two stages: Stage 1 to increase production up to 90,000 TPA and Stage 2 for an increase production past 90,000 TPA to 200,00 TPA to be deferred pending an independent traffic Engineer’s report of the serviceability of the Pacific Highway and Upper Warrell Creek Road, including details of any intersection improvements required.

 

2        That Council seek funding and commission the independent traffic engineer’s report.

 

Amendment:       (Flack/Smyth)

 

That the recommendations be dealt with separately and

 

1        That Council conditionally approve the designated development in two stages: Stage 1 to increase production up to 90,000 TPA and Stage 2 for an increase production past 90,000 TPA to 200,000 TPA to be deferred pending an independent traffic Engineer’s report of the serviceability of the Pacific Highway and Upper Warrell Creek Road, including details of any intersection improvements required.

 

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

 

3600/12 Resolved:       (Flack/Smyth)

 

That the recommendations be dealt with separately and

 

1        That Council conditionally approve the designated development in two stages: Stage 1 to increase production up to 90,000 TPA and Stage 2 for an increase production past 90,000 TPA to 200,00 TPA to be deferred pending an independent traffic Engineer’s report of the serviceability of the Pacific Highway and Upper Warrell Creek Road, including details of any intersection improvements required.

 

For the motion:       Councillors Hoban, Morrison, Ballangarry, Flack, Smyth, Finlayson, Ainsworth, Macdonald and South                Total 9

Against the motion:          Nil

 

Motion:      (Flack/Smyth)

 

2                That Council seek full funding to commission an independent traffic engineer’s report.

 

Amendment:       (Ainsworth/South)

 

That Council seek full external funding to commission a report from an independent traffic engineer.

 

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

 

3601/12 Resolved:       (Ainsworth/South)

 

2        That Council seek full external funding to commission a report from an independent traffic engineer.

 

 

 

DELEGATIONS continued

 

Mr Jim Bolger addressed Council:

 

Mr Neville Green addressed Council and spoke to overhead slides of the three options.

 

 

ITEM 9.4      SF382                251012      Proposed Revised Options for the Scotts Head Caravan Park

3602/12 RESOLVED:       (Finlayson/Smyth)

 

1        That Council advertise for public comment for 28 days the proposed Option 1 submitted by North Coast Holiday Parks who manage the Scotts Head Reserve Trust.  Further that people who made submissions to the Master Plan be provided with a copy of the proposed revised plan and be invited to comment.

 

2        That the Scotts Head Reserve Trust be advised that Council will seek an independent market based review of rental income in Year 10 and Year 16 in the event that a lease for one of the options proceeds.

 

3        That Council advise the Scotts Head Reserve Trust that it has no objection to the use of demountable (relocatable) amenities buildings within the Scotts Head Caravan Park subject to the usual approval and certification requirements and also endorsement from the Division of Local Government or Department of Planning for the variation to the regulation.

 

4        That whilst option 1 is on exhibition, Council undertake an onsite inspection with the North Coast Holiday Parks representatives.

 

 

 

DELEGATIONS continued

 

Ms Leckie tabled three documents which are on file SF235.

 

Ms Kelli Leckie read from a prepared statement which is held on file SF234 (26654/2012)

 

Mr Clint Leckie read from a prepared statement which is held on file SF234 (27794/2012)

 

ITEM 9.5      SF734                251012      Request to Acquire a Small Section of Gordon Park, Nambucca Heads

Motion:      (Flack/Smyth)

 

That Council thank Mrs Kelli Leckie for her enquiry but advise that it does not endorse her request to acquire a small section of Gordon Park adjoining 2 Nelson Street, Nambucca Heads.

 

Amendment:       (Ainsworth/Smyth)

 

That this item be deferred so that Council can undertake an onsite inspection.

 

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

 

3603/12 Resolved:       (Ainsworth/Smyth)

 

That this item be deferred until Council undertakes an onsite inspection.

 

 

 

DELEGATIONS continued

 

Mr Steve Coleman addressed Council making the following points:

 

Mr Peter O’Neill spoke to a prepared document which is on file PRF 20.

 

ITEM 9.6      PRF20                251012      Proposal to Site a M113 Armoured Personnel Carrier in Anzac Park, Riverside Drive, Nambucca Heads

Motion:      (Morrison/Ainsworth)

 

That Council advise the Nambucca Heads Lions Club that it does support the siting of an M113 Armoured Personnel Carrier (APC) in Anzac Park, Nambucca Heads and that a mutually acceptable fence be agreed to.

 

Amendment:       (Flack/Smyth)

 

That Council defer this item until after an onsite inspection has been undertaken and if Council considers continuing with this proposal, that it be put on exhibition for 28 days, and further, that the River, Creeks, Estuary and Coastline Management Committee be invited to provide comment.

 

The amendment was LOST.

 

NoteCr Flack requested that her vote be recorded as against this resolution as there has been no community consultation and because of the possible risk to Council.

 

3604/12 Resolved:       (Morrison/Ainsworth)

 

That Council advise the Nambucca Heads Lions Club that it does support the siting of an M113 Armoured Personnel Carrier (APC) in Anzac Park, Nambucca Heads and that a mutually acceptable fence be agreed to.

 

 

 

The meeting was adjourned at 7.48 pm.

The meeting resumed at 8.18 pm.

 

 

 

 

ASKING OF QUESTIONS WITH NOTICE

 

Cr Paula Flack

 

Councillors were recently provided with a copy of a media release from Rally Australia dated 29 September 2012 announcing that the FIA World Rally Championships will return to the Coffs Coast on 12-15 September next year, with reference to '..drivers of extraordinary talent in action through more than 300 kilometers of beautiful and rugged countryside in the Coffs Harbour, Nambucca, Bellingen and Clarence Valley areas.'

 

1          What consultation has been undertaken with Nambucca Shire Council in terms of its participation in the event?

2          When will Councillors be receiving a report regarding this matter?

3          Will Rally Australia be once again expecting financial and physical assistance from Nambucca Shire Council for the Nambucca leg of the event?

4          If so where will the money come from?

5          Will NSC be given a choice as to its participation?

6          Has NSC contacted CHCC to enquire about the planning process and notify it of the need for early involvement of NSC?

 

General Manager’s Response

 

1          There has been no consultation with Nambucca Shire Council.  The media release referred to in the question was the first advice received.

2          At this stage, other than the media release which has been circulated, there is no other information to report.  If and when further information is provided it will be reported.

3          Unknown.

4          Unknown.

5          For the previous event, Council was advised that the Homebush Motor Racing Authority had power to provide planning approval.  Presumably this will apply to the 2013 event, although the current legal arrangements for the Homebush Motor Racing Authority are unknown.

6          Whilst it is understood from the media release that CHCC is supportive of the event, they are not the organisers.  As a consequence of the question, a letter has now been sent to the Homebush Motor Racing Authority and Rally Australia requesting that the Council be provided with a briefing on the event when they have proposals for the various rally stages and particularly those within the Nambucca Valley.

 

 

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                251012      Outstanding Actions and Reports

3605/12 RESOLVED:       (Ainsworth/Finlayson)

 

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

 

 

 

ITEM 9.2      SF251                251012      Schedule of Council Public Meetings

3606/12 RESOLVED:       (Ainsworth/South)

 

That the schedule of dates for public Council meetings be noted and received for information by Council.

 

 

 

ITEM 9.3      SF611                251012      Review of Local Government Act 1993

3607/12 RESOLVED:       (Finlayson/Ainsworth)

 

That Council make a submission on the Local Government Acts Taskforce, “Preliminary Ideas Paper”, based on the comments in the General Manager’s report.

 

 

Item 9.4 was dealt with under Delegations.

 

 

Item 9.5 was dealt with under Delegations.

 

 

Item 9.6 was dealt with under Delegations.

 

 

 

ITEM 9.7      SF1496              251012      Update on Deep Creek and Nambucca River Flood Studies

3608/12 RESOLVED:       (Flack/Finlayson)

 

1        That Council engage WMA water to complete the flood study for the Nambucca River.

 

2        That Council note the progress on the Deep Creek Flood Study.

 

3        That Council note a copy of final draft Deep Creek Flood Study is to be presented to the Rivers, Creeks, Estuary and Coastline Management Committee with a recommendation it be exhibited.

 

 


 

ITEM 9.8      SF1723              251012      Financial Report - Statement by Councillors and Management - 30 June 2012

3609/12 RESOLVED:       (Flack/South)

 

1        That the Mayor, the Deputy Mayor, the General Manager and Responsible Accounting Officer be authorised to sign the Statement on the General Purpose Financial Reports by Councillors and Management made pursuant to Section 413(2)(C) of the Local Government Act.

 

2        That the Mayor, the Deputy Mayor, the General Manager and Responsible Accounting Officer be authorised to sign the Statement on the Special Purpose Financial Reports by Councillors and Management made pursuant to the Local Government Code of Accounting Practice and Financial Reporting.

 

 

 

ITEM 9.9      SF1672              251012      Investment Report to 30 September 2012

3610/12 RESOLVED:       (Flack/Finlayson)

 

That the Accountants’ Report on Investments placed to 30 September 2012 be noted.

 

 

 

ITEM 9.10    SF621                251012      Gumbaynggirr People - Continuing Involvement of Council as a Party to Native Title Claim NSD6054/1998

3611/12 RESOLVED:       (Flack/Ballangarry)

 

1        That Council advise NTSCorp and the Federal Court that it no longer wishes to be a respondent to the Native Title Claim NSD6054/1998 but that it would be pleased to participate in any mediation process if requested by the Native Title Claimants or any other parties.

 

2        That Council endorse Cr Ainsworth as the representative with Cr Ballangarry OAM as the alternate Delegate on the Board for the Gaagal Wanggaan (South Beach) National Park and that the National Parks and Wildlife Service be advised of this.

 

 

 

ITEM 9.11    SF1120              251012      Grant Application Status Report

3612/12 RESOLVED:       (Flack/Ballangarry)

 

That the list of grant applications and their status to 18 October 2012 be received.

 

 

 

General Manager Report – LATE

 

ITEM 9.12    SF355                251012      Tabling of Returns Disclosing Interests of Councillors and Designated Persons - October 2011

3613/12 RESOLVED:       (Flack/Ainsworth)

 

That the returns disclosing interests of Councillors and designated persons, for the period ended 30 June 2012, be tabled.

 

 

 


General Manager Report – LATE

 

ITEM 9.13    SF1480              251012      Resolution to Attach Council's Seal to the Lease for Encroachments - Nambucca Beach Holiday Park and the White Albatross Holiday Park

3614/12 RESOLVED:       (Ainsworth/Finlayson)

 

1        That Council attach its seal to licence and lease documents for the White Albatross Holiday Park and the Nambucca Beach Holiday Park.

 

2        That Council note the rental payments which will be applicable under the initial licence and then the lease.

 

 

 

General Manager Report – LATE

 

ITEM 9.14    SF1669              251012      Bowraville Off River Water Storage - Project Implementation Management Plan

Motion:      (Flack/Smyth)

 

That this be deferred until after the Water and Sewerage Steering Committee meeting scheduled for 7 November 2012.

 

Amendment:       (Hoban/Ainsworth)

 

That Council approve the Project Implementation Management Plan as submitted to enable the construction of the Bowraville Off-River Storage and Associated Works to commence, and further, that Councillors wishing to access any of the management plans and associated sub-plans be asked to contact Council’s Management Water and Sewerage who will make an electronic version available, and Councillors’ comments be submitted to the next meeting of the Water and Sewerage Steering Committee for consideration.

 

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

 

3615/12 Resolved:       (Hoban/Ainsworth)

 

That Council approve the Project Implementation Management Plan as submitted to enable the construction of the Bowraville Off-River Storage and Associated Works to commence, and further, that Councillors wishing to access any of the management plans and associated sub-plans be asked to contact Council’s Management Water and Sewerage who will make an electronic version available, and Councillors’ comments be submitted to the next meeting of the Water and Sewerage Steering Committee for consideration.

 

 

 

Assistant General Manager Corporate and Community Services Report

 

ITEM 10.1    SF1031              251012      Draft Policy - Abandoned Shopping Trolleys

Motion:      (Flack/Smyth)

 

That this item be deferred until staff can provide comments on Cr Flack’s comments.

 

Amendment:       (Ainsworth/Morrison)

 

That this be put on public exhibition and any comments from both Councillors and the public be considered at the end of the exhibition period.

 

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

 

 

3616/12 Resolved:       (Ainsworth/Morrison)

 

That this be put on public exhibition and any comments from both Councillors and the public be considered at the end of the exhibition period.

 

 

 

ITEM 10.2    SF1709              251012      Outstanding DA's greater than 12 months, applications where submissions received not determined to 12 October 2012

3617/12 RESOLVED:       (Flack/Finlayson)

 

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

 

 

 

ITEM 10.3    SF1148              251012      Contract Regulatory Officer's Report September 2012

3618/12 RESOLVED:       (Flack/South)

 

That the report from the Contract Regulatory Officer for September 2012 be received and noted by Council.

 

 

 

The General Manager left the meeting for Item 10.4 at 9.13 pm and returned after the conclusion of the Item at 9.14 pm.

 

ITEM 10.4    SF1709              251012      DA's and CDC's Received and Determined Under Delegated Authority from 29 September - 12 October 2012

3619/12 RESOLVED:       (Ballangarry/Ainsworth)

 

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

 

 

 

ITEM 10.5    SF1709              251012      DEP Applications and Statistical Reports 2011-2012, And Certificates Received 2010-2012 (September 2012)

3620/12 RESOLVED:       (Ainsworth/Smyth)

 

1          That Council note development application statistics and processing times for 2012 compared with 2011.

 

2          That Council note the statistical information for Applications and Certificates received and released by Council for 2010-2012.

 

 

Item 10.6 was dealt with under Delegations.

 

 

 


Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF1676              251012      Capital Works Report - 1 July 2012 to 30 September 2012

3621/12 RESOLVED:       (South/Finlayson)

 

1        That the Capital Works Report for the period 1 July to 30 September 2012 be received and noted.

 

2        That the proposed variations be endorsed and included in the September 2012 budget review.

 

 

 

ITEM 11.2    PRF65                251012      Captain Cook Lookout - Cemetery

3622/12 RESOLVED:       (Flack/MacDonald)

 

1        That Council add the mowing maintenance of the historic cemetery to the existing “mowing of cemeteries contract” Q007/2011.

 

2        That Council seek expressions of interest from community service clubs to continue the volunteer maintenance of the historic cemetery.

 

3        That Council formally thank the Rotary Club for their contribution in the maintenance of the historic cemetery.

 

     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

3623/12 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 12.1    SF621                251012      Further Information - Gumbaynggirr People - Continuing Involvement of Council as a Party to Native Title Claim NSD6054/1998

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) (h) 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; AND the report contains information concerning the nature and location of a place or an item of Aboriginal significance on community land.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 9.34 pm.

 

RESUME IN OPEN MEETING

 

3624/12 RESOLVED:       (Flack/Ainsworth)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 9.35 pm

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

 

ITEM 12.1    SF621                251012      Further Information - Gumbaynggirr People - Continuing Involvement of Council as a Party to Native Title Claim NSD6054/1998

3625/12 RESOLVED:       (Flack/Smyth)

 

That the additional information concerning Native Title Claim NSD6054/1998 be received.

 

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 9.36 pm. 

 

Confirmed and signed by the Mayor on 14 November 2012.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)