The following document is the minutes of the Council meeting held on 13 March 2013. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 28 March 2013 and therefore subject to change.  Please refer to the minutes of 28 March 2013 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Paula Flack

Cr Kim MacDonald

Cr Bob Morrison

Cr Elaine South

Cr Martin Ballangarry OAM (arrived 8.55 am)

Cr Brian Finlayson (arrived 8.55 am)

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Greg Meyers (AGM Corporate & Community Services)

Paul Gallagher (AGM Engineering Services)

 

 

 

APOLOGIES

 

Cr Anne Smyth

 

 

PRAYER

 

Pastor Jon Ventham from the C3 Church offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor JA Ainsworth declared a non-pecuniary significant conflict of interest in Item 9.3 Gumma (Boulton's Crossing) Reserve under the Local Government Act as Cr Ainsworth is a Board member of South Beach National Park who are interested in including the Reserve in the National Park.

 

Councillor K MacDonald declared a pecuniary interest in the presentation given by Mr Richard Frost from GHD regarding Nambucca District Water Supply off River Storage Project – under the Local Government Act as Cr MacDonald’s employers are providing fuel to the dam contractors and as a result her work hours may increase at McCosker Fuel Haulage.  Cr MacDonald left the meeting for this item.

 

Councillor B Morrison declared a non-pecuniary significant conflict of interest in Item 12.2 Nambucca Heads Skate Park under the Local Government Act as Cr Morrison stated “I am withdrawing from the discussion of matter in hand for the reason that I was incensed at the language of intimidation and threats in the correspondence received by Council from one particular lawyer.  I have a personal animosity against members of the legal profession who I feel have acted in a confrontationist and intimidating manner.  I have little faith in the justice and legal system due to the abuse of the system by many lawyers.   My thoughts are based on past experience in dealing with the legal profession and my upbringing.  My first reaction to intimidation and threats are to face them head on. As can be seen from the above, I am not a rational person when I have to comment on letters that Council has received from lawyers of a threatening and intimidating nature and I do not want my lack of trust and animosity towards the legal profession to reflect on Council decisions.”  Cr Morrison left the meeting for this item.

 

 


 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 28 February 2013

 

Resolved:         (Flack/MacDonald)

 

That the minutes of the Ordinary Council Meeting of 28 February 2013 be confirmed.

 

 

 

DELEGATIONS

 

Resolved:         (Ainsworth/MacDonald)

 

That the following delegations be heard:

 

Public Forum/Delegation

 

Mr Rod Howard on behalf of Arts Mid North Coast

 

Mr Howard addressed Council making the following points:

·   Arts Mid North Coast one of 14 regional arts boards in NSW

·   Evolved from local arts Council

·   Jointly funded by State Government and Councils

·   Macro planning responsibility and also advocacy for creative industries

·   Provide funding advice to organisations and individuals

·   NSW Creative Industries Taskforce draft plan released last Monday

·   Not for profit incorporated association.  15 member board which includes Cr Flack from Nambucca Shire Council

·   1.6 staff

·   Direct involvement with local community organisations such as the Nambucca Valley Arts Council, Phoenix, Bowraville Arts Council etc

·   Creative Coast program providing funds to individual activities

·   Creative Coast program partners with tourism

·   Advocates cultural diversity

·   On-line cultural and heritage trail which can be found on Legendary Pacific Coast tourism website

·   Need for greater visibility for the Arts and cultural activities in the region

·   Don’t generally directly fund organisations or events

·   Supporting application by Nambucca Youth Services Centre and Land Council for a large arts project through the Australia Council.

·   Provide access to country arts support funding

·   Promote Nambucca Shire arts activities through the media, including ABC regional radio

·   Digital youth arts program.  Funding provided by Arts NSW.  On-line portal used to run projects.  Film, photo journalism workshops have been conducted on line.  GenY website shows film projects prepared by youth.

 

ITEM 9.1     SF775                130313     Presentation to Council by Mr Rod Howard, Regional Arts Development Officer, Arts Mid North Coast Inc.

4/13 Resolved(Flack/South)

 

1        That Council note the presentation by Mr Rod Howard on the activities of Arts Mid North Coast and their plans for 2013.

 

2        That Council consider in its 2013/2014 Donations budget a contribution of $4,984.27 to Arts Mid North Coast Inc.

 

3        That Council thank Mr Howard for the address

 

 

 

ASKING OF QUESTIONS WITH NOTICE

Nil

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

Nil

 

 

 

meeting resumed in council chambers at 10.40 am. 

 

General Manager Report

 

ITEM 10.1   DA2012/108       130313     DA2012/108 - Lot 1 DP 1016126 - 4 Fraser Street, Nambucca Heads - Mixed Use development (Residential Flats and Serviced Apartments)

5/13 RESOLVED(Ainsworth/Finlayson)

 

1        That Council approve the DA 2012/108 application subject to the conditions attached to the report.

 

2        That Council permit a variation of Development Standards for:

 

          a        the Height plane of 14m  on a small portion of the building of 450mm over 1.0m of      balustrading on the northern side reducing to nil along its eastern edge and 250mm of   the open pergola to the deck on the northern side reducing to 100mm along its eastern          edge and 100mm over 600mm to the open pergola on the southern side. and;

          b        a 2.6% increase in the floor space ratio.

 

For the motion:               Councillors Hoban, South, MacDonald, Ainsworth and Finlayson (Total 5)

Against the motion:         Councillors Flack and Ballangarry (Total 2)

Cr Morrison was absent.

 

 

 

ITEM 9.2     SF959                130313     Outstanding Actions and Reports

6/13 RESOLVED(Flack/Finlayson)  

 

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

 

 

 

Councillor Ainsworth declared a significant conflict of interest and left the meeting at 11.04 am and returned after the conclusion of this Item.

 

ITEM 9.3     PRF54                130313     Gumma (Boulton's Crossing) Reserve

7/13 RESOLVED   (Hoban/South)

 

1        That Council note the proposal to lodge applications for the replacement of the on site sewage management system at the Gumma (Boulton’s Crossing) Reserve with a permanent pump out arrangement and secondly to seek approval for the use of the Reserve as a camping ground under Section 68 of the Local Government Act.

 

2        That Council note the applications will come to Council with a report on estimated capital and recurrent costs and potential income prior to any decision being made with a report for determination.

 

3        A further meeting of stakeholders be arranged to discuss options for the on-going management of the Reserve.

 

 

8/13 Resolved(Flack/MacDonald)

 

That Council consider the appropriate fees for the Gumma (Boultons Crossing) Reserve when developing its 2013/14 budget.

 

 

 

ITEM 9.4     SF1498              130313     Results of Exhibition Amendments to DCP 2010

 

9/13 Resolved(Flack/Ballangarry)

 

1        That Council adopt the proposed changes to DCP 2010 as exhibited;

 

2        That Council adopt the following additional changes to DCP 2010;

 

          - Primary and Secondary Street Frontages be defined in the DCP

          - Parking requirements be amended to comply with relevant Australian Standards

          - Side setbacks be amended to apply buildings attached and detached from dwelling-

            houses

          - It be clarified that setbacks to Rural dwelling houses apply from the property boundary to

            the nearest point on a building, not to edge of the sealed or unsealed road. 

 

3        That council give public notice of its decision in a local newspaper within 28 days after the decision is made.  Advising of a date of commencement no sooner than 1 April 2013, in order to provide sufficient time to finalise the document, incorporate the additional amendments and ensure staff fully aware of the changes.

 

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

Against the motion:         Nil

(Cr Morrison was absent)

 

 

10/13 Resolved:          (MacDonald/Flack)

 

That item 10.2 – Nambucca Heads Skate Park – be brought forward.

 

 

Cr Morrison declared a significant conflict of interest and left the meeting for this item.

 

ITEM 10.2   SF1690              130313     Nambucca Heads Skate Park

 

11/13 Resolved:          (Ainsworth/MacDonald)

 

1        That Council advise the Coronation Park Committee of Management who represent all the users of Coronation Park of Council’s intention to close and relocate the access to the skate park and cricket practice nets further to the south along Meadow Crescent.

 

2        That after considering any alternative suggestion from the Committee of Management and subject to the availability of funds proceed to close and relocate the access to the skate park and cricket practice nets further to the south along Meadow Crescent.

 

3        That once the costs of this action are finally determined a supplementary budget allocation be made in the March Quarterly Review.

 

4        That Council then monitor the effectiveness of this action in consultation with Adendorffs and their clients before considering any further actions.

 

 

 

ITEM 9.5     SF1498              130313     Environmental Planning and Assessment Amendment Bill 2012 and Council DCP 2010

12/13 RESOLVED:          (Flack/South)

 

That Council note the information provided in regards to the Environmental Planning and Assessment Amendment Bill 2012.

 

 

 

Assistant General Manager Corporate and Community Services Report

 

ITEM 10.3   SF1822              130313     Minutes of the Nambucca Shire Council Access Committee meetings held 22 January 2013 and 26 February 2013

13/13 Resolved:          (Flack/Ainsworth)

 

The Council endorse the minutes of the Nambucca Shire Council Access Committee meetings held 22 January 2013 and 26 February 2013.

 

 

 

ITEM 10.4   SF318                130313     Macksville Senior Citizens Centre Committee of Management - Annual General Meeting - 23 February 2012 - Minutes

14/13 Resolved:          (Ainsworth/Finlayson)

 

That Council note the Minutes of the Macksville Senior Citizens Centre Committee of Management’s Annual General Meeting held on 21 February 2013 including the financial statement.

 

 

ITEM 10.5   SF1653              130313     Refinement of Corporate and Community Services Staffing Structure

15/13 RESOLVED           (Ainsworth/Finlayson)

 

1        That the revised Financial Services Structure of 8EFT, as detailed in this report with the creation of an additional Accountant position and the deletion of the Cadet Accountant position be endorsed.

 

2        The salaries budget for the organisation be adjusted in the March quarterly budget review.

 

3        That the former position of Administrative Support Officer be moved out of the Business Services Unit and placed in the Applications and Compliance Services section, be identified as Technical Officer - Planning and the Revised Applications and Compliance Services Structure as detailed in this report be endorsed.

 

4        That the former position of Engineering Support Officer be moved out of the Business Services Unit and placed in the Asset Management Section of Engineering Services, be identified as Engineering Support Officer - Assets and the Organisational Structure be amended to reflect this.

 

5        That the following part-time positions be expanded to fulltime positions and the Organisational Structure amended to reflect this:

 

          i         Technical Officer – Planning  28 hrs/wk to 35 hrs/wk

          ii        Engineering Support Officer – Engineering  21 hrs/wk to 35 hrs/wk       

 

6        That Council notes that a further report is being prepared for presentation on the Regulatory Services activities of Council for consideration in conjunction with the 2013/14 budget.

 

 

 

ITEM 10.6   SF1709              130313     Outstanding DA's greater than 12 months, applications where submissions received not determined to 18 February to 1 March 2013

16/13 RESOLVED:          (Flack/Finlayson)

 

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

 

 

 

ITEM 10.7   SF251                130313     Schedule of Council Public Meetings

17/13 RESOLVED:          (Flack/Ainsworth)

 

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

 

 

 

ITEM 10.8   SF1709              130313     Applications and Statistical Reports 2012-2013 - January 2013

18/13 RESOLVED:          (Flack/Finlayson)

 

1          That Council note development application statistics and processing times for 2013 compared with 2012.

 

2          That Council note the statistical information for Applications and Certificates received and released by Council for 2012-2013.

 

 

 

ITEM 10.9   SF1771              130313     Investment Report to 28 February 2013

19/13 RESOLVED:          (MacDonald/Finlayson)

 

That the Accountants’ Report on Investments placed to 28 February 2013 be noted.

 

 

 

Assistant General Manager Corporate and Community Services Report – LATE

 

Item 10.10 was dealt with in Item 10.1

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1   PRF45                130313     Naming the reserve and beach - Ferry Street Macksville

20/13 RESOLVED:          (Flack/Ainsworth)

 

1        That Council endorse the name ‘Lions Park - Ferry Street’ for the northern foreshore reserve and beach area adjacent to Ferry Street, Macksville known as Part Lot 160/161 DP 187473.

 

2        That Council submit the adopted ‘Lions Park – Ferry Street’ name to the Geographic Names Board for advertising and adoption.

 

 


 

ITEM 11.2   SF643                130313     Sandpiper Drive, Scotts Head - Consultation report on access restriction

21/13 RESOLVED:          (Flack/Finlayson)

 

That Council endorse the recommendation from the Local Traffic Committee and install “No Parking” restrictions on both sides of the shareway between the 2 cul-de-sac heads in Sandpiper Drive, Scotts Head, and Council notify the residents of the changes to parking in this area.

 

 

 

ITEM 11.3   SF992                130313     Nambucca Emergency Operations Centre Committee - Minutes - 19 February 2013

22/13 RESOLVED:          (MacDonald/Ainsworth)

 

That Council:

 

i         receive and note the minutes of the Nambucca Emergency Operations Centre Committee held on 19 February 2013.

ii        note that Item 15 has been nominated by the Nambucca Emergency Operations Centre Committee as the top priority for funding consideration from the Asset Management Plan with the SES and RFS seeking a donation of white goods from an external supplier to assist with the kitchen upgrade.

iii       amend Item 15 in the Asset Management Plan to reflect the request for new bench tops and cupboards to the value of $5K and be included for Council’s consideration in the Nambucca Shire Council draft 2013/2014 budget.

 

 

 

ITEM 11.4   SF61                  130313     Professional lifeguard services report for the contract period 2012/2013

23/13 resolved:          (Flack/Ballangarry)

 

That Council receive and note the Season Report for 2012/2013 by Australian Lifeguard Service.

 

 

     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

resolved:         (Ainsworth/MacDonald)

 

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   SF25                  130313     Levying of Council Charges on the Nambucca District Rescue Squad Inc.

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.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2   SF1690              130313     Nambucca Heads Skate Park

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 2.23 pm.

 

RESUME IN OPEN MEETING

 

Resolved:         (Flack/Ainsworth)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING 2.55 pm.

 

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1   SF25                  130313     Levying of Council Charges on the Nambucca District Rescue Squad Inc.

24/13 resolved:          (Flack/Hoban)

 

1        That Council meet the outstanding charges for the Nambucca District Rescue Squad Inc. via a donation from the waste, water and sewer budgets respectively.

 

2        That Council provide an on-going donation to the Nambucca District Rescue Squad Inc. from the waste, water and sewer budgets equivalent to the annual charges for the respective services.

 

3        That the Nambucca District Rescue Squad Inc. be advised of this action and further to ensure that water is not wasted, that the Rescue Squad will be required to pay its water usage (volume) charge.

 

4        That the financial assistance provided to the Nambucca District Rescue Squad Inc. be recorded with the other donations provided through Council’s donations policy and the Rescue Squad be requested to provide its annual report and financial statements to Council so that the on-going funding requirement may be verified.

 

Cr Morrison declared a significant conflict of interest and left the meeting at 2.23 pm and returned after the conclusion of this item at 2.56 pm.

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2   SF1690              130313     Nambucca Heads Skate Park

25/13 RESOLVED:          (Finlayson/Ainsworth)

 

1        That Council note that legal advice has been obtained in regard to the Nambucca Heads Skate Park and that Council take no action.

 

2        That Council obtain independent certification for the construction of the Skate Park.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 2.56pm.

 

Confirmed and signed by the Mayor on 28 March 2013

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)