The following document is the minutes of the Council meeting held on 10 April 2013. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 24 April 2013 and therefore subject to change.  Please refer to the minutes of 24 April 2013 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM (arrived 8.50 am)

Cr Brian Finlayson

Cr Paula Flack

Cr Kim MacDonald

Cr Elaine South

Cr Anne Smyth

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Greg Meyers (AGM Corporate & Community Services)

Paul Gallagher (AGM Engineering Services)

 

 

 

APOLOGIES

 

Cr Morrison – on leave

Cr Ballangarry OAM – for being late

 

 

PRAYER

 

Captain Robbie Viles, The Salvation Army, 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 9.2 Camping Fees - Gumma (Boulton's Crossing) Reserve under the Local Government Act as Cr Ainsworth is a Board member of Gaagal Wangan Park.  Cr Ainsworth left the meeting for this item.

 

Councillor BJ Finlayson declared a non-pecuniary significant conflict of interest in Item 10.1 DA2010/004/01 Proposal to Modify Consent DA2010/004 to Remove Footpath and Cycleway under the Local Government Act as Cr Finlayson stated that the applicant is his client.  Cr Finlayson explained that he would remain in Chambers only as he intended  to move that the matter be deferred.

 

Councillor R Hoban declared a pecuniary interest in Item 10.5 Outstanding DA's greater than 12 months, applications where submissions received not determined to 18-28 March 2013 under the Local Government Act as discussions began in regard to DA2013/005, which is development on land adjoining her sister and brother in law’s property on one boundary and her brother on another boundary.  Cr Hoban left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 28 March 2013

 

8/13 RESOLVED:  (MacDonald/Smyth)

 

That the minutes of the Ordinary Council Meeting of 28 March 2013 be confirmed subject to the following amendment on Page 4, the address to Council by Mr van Drie should have referred to “Lock the Nambucca Valley” (not, Lock Up the Nambucca Valley).

 

 

 


NOTICE OF MOTION - CR Hoban

 

ITEM 5.1     SF1817              100413     Notice of Motion - General Manager's Performance Review (SF839)

9/13 Resolved(Hoban/Flack)

 

That Council undertake future reviews of the performance of the General Manager without the use of a facilitator, on the understanding that if at any point either the General Manager or the Council feel that one is required, one will be engaged.

 

  

 

DELEGATIONS

 

Resolved:         (Flack/South)

 

That the following delegations be heard:

 

i)        Ms Janine Reed on behalf of Macksville & District Chamber of Commerce

          Ms Reed provided a written copy of her submission which is on file

 

ii)       Mr Tony Lenthal on behalf of Superintendant FRNSW making the following points

·   RFS and Fire and Rescue are in process of adjusting fire service boundaries

·   Need Council support to change of boundaries

·   Printed maps to show variation in boundaries

·   Boundaries take into account urban growth and decline

·   2 parts being map showing boundaries and agreement

·   Areas shown in red will be coming into Fire District (Fire and Rescue)

·   Last review of boundaries undertaken in 1999

 

iii)      Mr Lachlann Ison on behalf of Zone Manager Lower North Coast

·   Mr Ison answered questions

 

iv)      Mr Jim Bolger on behalf of North Coast Holiday Parks making the following points

·   The Trust has submitted a revised plan for Council’s consideration – Option 3B

·   Option arose from further submissions from community and discussions with Mayor, General Manager and Council staff

·   The Trust is available to answer any questions on Option 3B

 

v)       Mr Neville Green on behalf of North Coast Holiday Parks

·   Mr Green answered questions

 

 

 

 

ITEM 9.6     SF601                100413     Macksville & District Chamber of Commerce & Industry Inc - Request that Council support on and off ramps to the new highway at North Macksville

10/13 resolved:          (Ainsworth/South)

 

That Council request the RMS to urgently prepare concept plans for on and off ramps for the Pacific Highway upgrade in the vicinity of North Macksville (Old Coast Road) so as to facilitate a community discussion about their cost/benefit.

 

 


 

ITEM 11.1   SF81                  100413     Fire Services – Jurisdictional Boundary Review and Mutual Aid Agreement

11/13 Resolved:          (Flack/South)

 

That Council endorse the variations to the boundary areas of the Fire and Rescue NSW (FRNSW) and the NSW Rural Fire Service (NSWRFS) as indicated on the maps (TRIM SF81: 7283/2013) for the provision of fire services within the Nambucca Local Government Area.  Further that a letter be provided to this effect.

 

 

 

ITEM 9.4     SF382                100413     Revised Option for the Scotts Head Caravan Park and Reserve

Motion:     (Finlayson/South)

 

1        That Council support the redevelopment of the Scotts Head caravan park and adjoining reserve in accordance with the revised concept plan described as Option 3B and dated March 2013.

 

2        That Council transfer the land shown edged yellow on Option 3B to the North Coast Accommodation Trust for nil consideration subject to the Trust agreeing to accept all costs associated with the subdivision and the transfer of ownership.  Further that Council’s seal be attached as required to documents associated with the transfer of ownership.

 

3        That Council and the North Coast Accommodation Trust enter into Heads of Agreement in relation to the implementation of the revised concept plan Option 3B covering, but not limited to, the following matters:

    the undertakings by the Trust in relation to expenditure on stormwater, roads, off street parking, and maintenance

    the agreed rental payments

    a schedule showing the anticipated timing of the redevelopment

    the transfer of the land required for the access and caretakers residence and office by Council

    Council’s responsibility to obtain approval for the lease of its community land for a 21 year period.

 

Amendment:      (Flack/Smyth)

 

That the plan 3B with the change of the Adin Street sites being reduced back to the original Master Plan footprint of 37 sites be placed on public exhibition for 28 days.

 

The amendment was lost.

 

FURTHER Amendment:         (MacDonald/Ainsworth)

 

1        That Council support the redevelopment of the Scotts Head caravan park and adjoining reserve in accordance with the revised concept plan described as Option 3B and dated March 2013 with the exception that the footprint of the sites on the Adin Street oval area being the same as the adopted Master Plan plus Council’s previous resolution regarding the retention of trees be upheld.

 

2        That Council transfer the land shown edged yellow on Option 3B to the North Coast Accommodation Trust for nil consideration subject to the Trust agreeing to accept all costs associated with the subdivision and the transfer of ownership.

 

3        That Council and the North Coast Accommodation Trust enter into Heads of Agreement in relation to the implementation of the revised concept plan Option 3B covering, but not limited to, the following matters:

    the undertakings by the Trust in relation to expenditure on stormwater, roads, off street parking, and maintenance

    the agreed rental payments

    a schedule showing the anticipated timing of the redevelopment

    the transfer of the land required for the access and caretakers residence and office by Council

    Council’s responsibility to obtain approval for the lease of its community land for a 21 year period

 

4       That Council’s seal be attached as required to documents associated with the transfer of ownership of the small portion of community land for the Adin Street access from Council to the Crown; heads of agreement and the proposed lease.

 

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

 

12/13 Resolved:          (MacDonald/Ainsworth)

 

1        That Council support the redevelopment of the Scotts Head caravan park and adjoining reserve in accordance with the revised concept plan described as Option 3B and dated March 2013 with the exception that the footprint of the sites on the Adin Street oval area being the same as the adopted Master Plan plus Council’s previous resolution regarding the retention of trees be upheld.

 

2        That Council transfer the land shown edged yellow on Option 3B to the North Coast Accommodation Trust for nil consideration subject to the Trust agreeing to accept all costs associated with the subdivision and the transfer of ownership.

 

3        That Council and the North Coast Accommodation Trust enter into Heads of Agreement in relation to the implementation of the revised concept plan Option 3B covering, but not limited to, the following matters:

    the undertakings by the Trust in relation to expenditure on stormwater, roads, off street parking, and maintenance

    the agreed rental payments

    a schedule showing the anticipated timing of the redevelopment

    the transfer of the land required for the access and caretakers residence and office by Council

    Council’s responsibility to obtain approval for the lease of its community land for a 21 year period

 

4       That Council’s seal be attached as required to documents associated with the transfer of ownership of the small portion of community land for the Adin Street access from Council to the Crown; heads of agreement and the proposed lease.

 

Note:   Councillor Flack requested her vote be recorded against the resolution because the proposal to give away community land had not been advertised.

 

 

 

Cr Finlayson advised that he had a conflict of interest in Item 10.1 but was intending only to move that the item be deferred.

 

ITEM 10.1   DA2010/004       100413     DA2010/004/01 Proposal to Modify Consent DA2010/004 to remove footpath and cycleway

 

13/13 Resolved:          (Finlayson/Ainsworth)

 

That the application be deferred to the Council meeting on 15 May 2013.

 

 

 


 

ITEM 10.2   DA2012/010       100413     S96 Modification Application to remove Lot 14 from the original consent DA2012/010 and losing on site car parking

14/13 RESOLVED:          (Finlayson/South)

 

That the application be deferred.

 

 

 

ASKING OF QUESTIONS WITH NOTICE

 

There were no Questions with Notice.

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

There were not Questions for Closed Meeting where due Notice has been received.

 

 

 

General Manager Report

 

ITEM 9.1     SF959                100413     Outstanding Actions and Reports

15/13 Resolved:          (Smyth/South)

 

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

 

 

The meeting adjourned at 12.55 pm

 

The meeting resumed 1.25 pm.

 

 

 

Cr Ainsworth left the meeting for this item at 1.27 pm and returned after the conclusion of this item at 1.30 pm

 

ITEM 9.2     PRF54                100413     Camping Fees - Gumma (Boulton's Crossing) Reserve

16/13 RESOLVED:          (Flack/Finlayson)

 

That Council charge $5 per child and $10 per adult per day, with fee collection to be carried out on a daily basis at the Gumma (Boulton’s Crossing) Reserve.

 

 

 

ITEM 9.3     SF669                100413     Draft State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) Amendment (Coal Seam Gas Exclusion Zones) 2013

17/13 RESOLVED:          (Smyth/Flack)

 

That Council respond to the Draft State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) Amendment (Coal Seam Gas Exclusion Zones) 2013 and nominate all R5 Large Lot Residential land, all environmental zones and land within 2 km of any  residences or key community infrastructure on any other zoned land for prohibition from coal seam gas exploration and production activity.

 

 


Item 9.4 was dealt with under Delegations.

 

 

 

ITEM 9.5     SF1077              100413     Museum Advisor - Final Report

18/13 RESOLVED:          (South/Flack)

 

That Council note the Museum Advisor’s Report and formally express its thanks to Ms Joan Kelly for her work over the past 4 years in guiding and mentoring our local museums.

 

 

 

Item 9.6 was dealt with under Delegations.

 

 

 

ITEM 10.3   SF251                100413     Schedule of Council Public Meetings

19/13 RESOLVED:          (Flack/South)

 

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

 

 

 

ITEM 10.4   SF1709              100413     Applications and Statistical Reports 2012-2013 - February 2013

20/13 RESOLVED:          (Ainsworth/MacDonald)

 

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.

 

 

 

Cr Hoban left the meeting for this item at 2.00 pm and returned after the conclusion of this item at 2.02 pm.

Cr Ainsworth took the Chair for the duration of this item.

 

ITEM 10.5   SF1709              100413     Outstanding DA's greater than 12 months, applications where submissions received not determined to 18-28 March 2013

21/13 RESOLVED:          (Ainsworth/South)

 

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

 

 

 

ITEM 10.6   SF854                100413     Reforming Public Libraries Funding Correspondence

22/13 RESOLVED:          (Flack/Ballangarry)

 

That the Council note this report and agree that due representation has been made to the Minister for the Arts at this time in relation to public library funding given that the 2013/14 State Budget deliberations occur in the near future.

 

 

 


Assistant General Manager Corporate and Community Services Report – LATE

 

ITEM 10.7   SF1771              100413     Investment Report to 31 March 2013

23/13 RESOLVED:          (South/MacDonald)

 

That the Accountant’s Report on Investments placed to 31 March 2013 be noted.

 

 

 

Assistant General Manager Engineering Services Report

 

Item 11.1 was dealt with under Delegations.

 

 

 

ITEM 11.2   SF1807              100413     Progress Report on Tree Vandalism - Parkes Street Nambucca Heads

Motion:     (South/Ballangarry)

 

That Council receive and note the report and continue to monitor the site and undertake ongoing weed control to allow regeneration of desirable native species within the site.

 

Amendment:      (Flack/Smyth)

 

That Council reconsider erecting a protective screen at top of site to enable rehabilitation work to commence using environmental funding.

 

The amendment was LOST.

 

24/13 Resolved:          (South/Ballangarry)

 

That Council receive and note the report and continue to monitor the site and undertake ongoing weed control to allow regeneration of desirable native species within the site.

 

 

 

ITEM 11.3   SF95                  100413     Assessing The impact of Off Street Parking and Access when Re-subdividing land 

25/13 RESOLVED:          (Flack/Finlayson)

 

That Council receive and note the report.

 

 

 

 

ITEM 11.4   SF90                  100413     Nambucca Shire Traffic Committee Meeting Minutes - 2 April 2013

26/13 RESOLVED:          (Ainsworth/Finlayson)

 

That Council:

 

1          Receive and note the minutes of the Nambucca Shire Traffic Committee held on the 2 April 2013.

 

2        Endorse the road closures for the ANZAC DAY marches to be held on 25 April 2013 as follows:

 

a        The Returned and Services League of Australia (Macksville Branch) – for the Dawn Service between 0515 and 0545 hours and again between 1100 and 1110 hours;

b       The Returned and Services League of Australia (Bowraville Branch) – between 0930 and 1030 hours; and

c        The Returned and Services League of Australia (Nambucca Heads Branch) – between 0830 and 0930 hours.

d       noting that the following document has been received by Council:

       Certificate of Currency for Public Liability Insurance

       Traffic Management Plan confirming Accredited Traffic Controllers will be on site, and

       Police approval for the road closure.

e        Advertise the road closures seven (7) days prior to Anzac Day March.

 

3        Request the Ranger to conduct additional patrols at the following locations during pick up and set down times to reinforce parking regulations:

 

       St Patrick’s school located in Wallace Street Macksville; and

       Macksville Primary School located in West Street Macksville (near Angus Lane and adjacent driveways).

 

4        Support the installation of “No Parking” restrictions for a single parking bay adjacent to the fire hydrant outside 8 Short Street Nambucca Heads.

 

5        Install pedestrian signs at a distance of 100m either side of the main entry to Uniting Care Pacifica Health Care Facility, Short Street, Nambucca Heads.

 

6        Write to the Roads and Maritime Service requesting they consider the feasibility of a High Pedestrian 40 Area for Short Street between Kent and Lee Streets, Nambucca Heads.

 

7        Install a Give Way sign together with line marking at the junction of Fletcher and Rosedale Streets, Nambucca Heads.

 

8        Trim or replant vegetation on Nelson Street, Nambucca Heads adjacent to the intersection with Creek Street with a low growing species to improve the sight distance for Creek Street vehicles required to Give Way to Nelson Street traffic.

 

9        Advise Ganly’s Gardeners of current restrictions pertaining to sight distance issues at the Nelson and Creek Street intersection.

 

     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

Resolved:         (Ainsworth/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:

 

 


Assistant General Manager Corporate and Community Services Report

 

For Confidential Business Paper in Closed Meeting

ITEM 12.1   SF1772              100413     Debt Write Off

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   SF1077              100413     Museum Adviser - Final Report attachment

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) (a) of the Local Government Act, 1993, on the grounds that the report contains personnel matters concerning particular individuals.

 

For Confidential Business Paper in Closed Meeting

ITEM 12.3   SF1815              100413     New Loan

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) (d) of the Local Government Act, 1993, on the grounds that 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 12.4   SF1815              100413     LOANS PROGRAM 2012/2013

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) (d) of the Local Government Act, 1993, on the grounds that 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.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 2.12 pm.

 

 

 

 

RESUME IN OPEN MEETING

 

Resolved:         (Ainsworth/MacDonald)

 

That Ordinary Council Meeting resume in Open Meeting.  The Ordinary Council Meeting resumed IN OPEN MEETING at 2.20 pm

 

 

FROM COUNCIL IN CLOSED MEETING

 


Assistant General Manager Corporate and Community Services Report

 

For Confidential Business Paper in Closed Meeting

ITEM 12.1   SF1772              100413     Debt Write Off

27/13 RESOLVED:          (Finlayson/Ballangarry)

 

That Council write off the sundry debt of $9,216.65 owed to Council by Comet Windmills Pty Ltd.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2   SF1077              100413     Museum Adviser - Final Report attachment

28/13 RESOLVED:          (Flack/Ainsworth)

 

That the information contained in the Museum Advisor’s final report be received.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.3   SF1815              100413     New Loan

29/13 RESOLVED:          (Ainsworth/MacDonald)

 

That Council consider the offers from the six financial institutions as a late item.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.4   SF1815              100413     LOANS PROGRAM 2012/2013

30/13 RESOLVED:          (Ainsworth/MacDonald)

 

1          That Council accept the Westpac Banking Corporation loan offer of $11,000,000 at a rate of 5.99% per annum with monthly repayments of $65,865.72 over 30 years with renewal after 20 years, subject to market movements and delegate authority to the GM to finalise the contract and effect the drawdown of funds.

 

2          That Council authorize the Mayor and the General Manager to execute Loan Agreement for $11,000,000 at a rate of 5.99% per annum with monthly repayments of $65,865.72 over 30 years with renewal after 20 years, subject to market movements.

 

3          That in the event the Westpac Banking Corporation requires the loan agreement to be executed under seal that the Council Seal be affixed to the Loan Agreement for $11,000,000 at a rate of 5.99% per annum with monthly repayments of $65,865.72 over 30 years with renewal after 20 years, subject to market movements.

 

4          That Council accept the Westpac Banking Corporation loan offer of $1,729,000 at a rate of 5.96% per annum with monthly repayments of $12,345.24 for 20 years, subject to market movements and delegate authority to the GM to finalise the contract & effect the drawdown of funds.

 

5          That Council authorize the Mayor and the General Manager to execute Loan Agreement for $1,729,000 at a rate of 5.96% per annum with monthly repayments of $12,345.24 for 20 years, subject to market movements

 

6          That in the event the Westpac Banking Corporation requires the loan agreement to be executed under seal that the Council Seal be affixed to the Loan Agreement for $1,729,000 at a rate of 5.96% per annum with monthly repayments of $12,345.24 for 20 years, subject to market movements.

 

 


 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 2.25 pm. 

 

Confirmed and signed by the Mayor on 24 April 2013.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)