NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 03 June 2010

 

 

The following document is the minutes of the Council meeting held on 3 June 2010.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 17 June 2010 and therefore subject to change.  Please refer to the minutes of 17 June 2010 for confirmation.

 

 

PRESENT

 

Cr Janet Court (Deputy Mayor) was the Chair in the Mayor’s absence.

 

Cr Rhonda Hoban (Mayor) arrived at 6.25 pm

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Janet Court (Deputy Mayor)

Cr Brian Finlayson

Cr Paula Flack

Cr Mike Moran OAM

Cr Elaine South

Cr Anne Smyth

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager) arrived at 6.25 pm

Bruce Redman (Director Engineering Services)

Greg Meyers (Director Environment & Planning)

Monika Schuhmacher (Minute Secretary)

 

 

APOLOGIES

 

The Mayor and General Manager were late in arriving for this meeting as they were returning from the Shires Associations’ Conference in Sydney.

 

 

PRAYER

 

Rev Ros Johnson from the Anglican Church offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor PF Flack declared a non-pecuniary less significant conflict of interest in Item 8.7 Response from Argents Hill Hall Committee of Management Concerning Country Hall Renewal Fund grant Offer of $50,000 under the Local Government Act as Argents Hill Hall is her local community hall.  Cr Flack remained for discussion and voting.

 

 

Councillor PF Flack declared a non-pecuniary significant conflict of interest in Item 9.9 Report on Nambucca Valley Conservation Association V Nambucca Shire Council and Paul Joseph under the Local Government Act as Cr Flack has previous association with the Nambucca Valley Conservation Association as an Executive member.

 

 

Councillor Smyth declared a non-pecuniary significant conflict of interest in Item 9.9 Report on Nambucca Valley Conservation Association V Nambucca Shire Council and Paul Joseph  under the Local Government Act as Cr Smyth was a member of the Nambucca Valley Conservation Association which as a party to the Court proceedings.

 


 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 20 May 2010

 

1/10 Resolved:   (Flack/Ballangarry)

 

That the minutes of the Ordinary Council Meeting of 20 May 2010 be confirmed.

 

 

 

 

DELEGATIONS

 

2/10 Resolved:   (Flack/Ainsworth)

 

That the following delegations be heard:

 

8.4     Request for use of Macksville Showground by motorhomes and installation of a sewerage dump point

          i)   Mr Bob Phipps – objector

9.5     Report on Nambucca Heads Skate Park

          i)    Mr Jim Teasel—Objector

          ii)   Mr Mark Novicky—Objector

          iii)  Mr Peter Lea representing Nambucca Youth Services Centre

          iv)  Mr Daniel Duong representing skaters

 

Mr Bob Phipps addressed Council to prepared notes which are on file SF6170.

 

ITEM 8.4      SF617                030610      Request for Use of Macksville Showground by Motorhomes and Installation of a Sewerage Dump Point

3/10 RESOLVED:   (Moran/Finlayson)

 

That Council advise Mr Phipps it is unable to agree to his proposal that self contained vehicles be allowed to camp at the Showground because both the Council and the Committee of Management lack the resources to manage such a facility, and further, there would likely be conflict with existing approved uses.

 

 

 


DELEGATIONS continued

 

Ms Belinda Novicky addressed Council on behalf of Mr Jim Teasel and spoke to a prepared statement which is on file PRF71.

 

Mr Mark Novicky addressed Council and spoke to a prepared statement which is on file PRF71.

 

Mr Peter Lea addressed Council making the following points:

 

·                Attends Park on regular basis including weekends

·                Positive outcomes since Park completed

·                Skaters have pride in Park

·                Older skaters support the younger skaters

·                Parents believe there is no need to stay with their young children as they are looked after by the older skaters

·                There are opportunities for involvement with wider community eg with Youth Fest

·                Skaters know the law regarding where to skate

·                Involved in Skate Safe Program – funded mostly by Council

·                Attracts business to Shire

·                More likely to access other youth services eg counselling


·                 

·                Every park in town has its drinkers and trouble makers from time to time

 

Mr Daniel Duong addressed Council making the following points:

 

·                Works at Nambucca Heads Plaza and is a skateboarder

·                Very proud of the Park and tries to keep it clean and tidy

·                Supports the young kids, new generation who are so talented

·                Shrubs may have been damaged by youths seeking shade in hot weather

·                Knows nothing about drug taking

·                Skateboarders are being stereotyped but are just ordinary people

·                Best generation of kids in Nambucca for a long time

·                Trouble makers will be everywhere, no difference between skaters and footballers

·                Most afternoons 15 to 25 school kids and more on weekends

·                Older skaters trying to hold monthly competitions to train up the younger skaters

·                No current sponsors

·                Leave the Park when it gets dark, unless soccer is on an they stay until the soccer lights are turned off…around 7.00 pm.

 

Note:  Cr Court drew Council’s attention to a letter received from Mr Barry Duffus which was distributed to all Councillors prior to the meeting.

 

ITEM 9.5      PRF71                030610      Report on Nambucca Heads Skate Park

Motion:      (Flack/Ballangarry)

 

1          That Council note the findings of the Crime Prevention through Environmental Design Audit of the Nambucca Heads Skate Park.

 

2          That Council note plans for replacement of the existing signage with larger and more effective signs; and the installation of a rubbish bin closer to the Skate Park.

 

3          That Council note the success of the Skate Safe project and seek suitable funding sources to conduct workshops in the future.

 

4                     That the residents' representative and the Nambucca Valley Skaters Association be informed in writing of these decisions by Council.

 

Amendment:       (Ainsworth/Moran)

 

That a report is brought to Council regarding the history of attendances at the Skate Park and that recommendations 1 to 4 be deferred until the report comes to Council for consideration.

 

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

 

4/10 Resolved:   (Ainsworth/Moran)

 

That a report be brought to Council regarding the history of attendances at the Skate Park, any disciplinary actions and that recommendations 1 to 4 be deferred until the report comes to Council for consideration.

 

 

 

Note:  The Mayor Cr Rhonda Hoban and the General Manager Mr Michael Coulter arrived at the meeting, the time being 6.25 pm.

 


 

ASKING OF QUESTIONS WITH NOTICE--LATE

 

ITEM 6.1      SF1076              030610      Question With Notice - Questions and/or Enquiries to Staff by Councillors

There was no resolution to this item.

 

 

 


QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

There were no question for Closed Meeting where due notice has been received.

 

 

 

General Manager Report

 

ITEM 8.1      SF959                030610      Outstanding Actions and Reports

5/10 Resolved:   (Smyth/Flack)

 

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

 

6/10 Resolved:   (Flack/Moran)

 

That Council receives a report on its community land which is being actively used and currently does not have a plan of management.

 

 

 

Cr Flack and Cr Smyth left the meeting at 6.55 pm as a question from Cr Moran related to an issue in which both Councillors had declared a significant conflict of interest.  Councillors Flack and Smyth returned to the meeting at the conclusion of this discussion, the time being 6.56 pm.

 

Note:  The Mayor welcomed the return of Cr South who has been on sick leave.

 

 

ITEM 8.2      SF1485              030610      2010 March Budget Review

7/10 RESOLVED:   (Ainsworth/Court)

 

1        That the budget review for the quarter ended 31 March 2010 be received.

 

2        That the recommended increases and decreases in votes are included as subsequent votes for the financial year 2009/2010.

 

 

 

ITEM 8.3      SF324                030610      Gumma (Boulton's Crossing) Reserve - Committee of Management - Income & Expenditure Statement to 30 June 2010

8/10 RESOLVED:   (Court/Ainsworth)

 

That Council note the Gumma (Boulton’s Crossing) Reserve Committee of Management’s income and expenditure statement for the period 1 July 2009 to 30 June 2010.

 

 

Item 8.4 was dealt with under Delegations.

 

 


 

ITEM 8.5      SF764                030610      Revision of Draft Lease for the White Albatross Caravan Park for Reserve R81262

9/10 RESOLVED:   (Flack/Smyth)

 

1          That Council in its capacity as Reserve Trust Manager for Reserve R81262 offer to the registered proprietor of Lot 520/859627 (“the operator”) a ten year Lease of Part Lot 7016 in Deposited Plan 1056524 being the area encroached upon by improvements on the White Albatross Holiday Centre on the proviso the operator meets all costs associated with the preparation and registration of the Lease and that the encroachments will be entirely removed prior to or upon expiry of the Lease.

 

2          That the rent under the proposed Lease of part lot 7016 in DP 1065524 be determined by independent market evaluation on a best and highest use basis and such valuation to be obtained at the expense of the Lessee.

 

3          That Council in its capacity as Reserve Trust Manager for Reserve R81262 and pending finalisation of a ten year Lease Agreement grant a Licence to the registered proprietor of Lot 520 in Deposited Plan 859627 for occupation of the area of encroachment onto Lot 7016 in DP 1056524 for a period of three years subject to terms and condition deemed reasonable and appropriate by Council’s legal advisor on the matter.

 

4          That Council in its capacity as Reserve Trust Manager for Reserve R81262 prepare a Plan of Management in consultation with the centre patrons and other interested parties for the future management of the Reserve including eradication of exotic plant species and the managed and controlled planting of local native plants, where possible, within the Reserve.

 

5          The operator of the White Albatross Holiday Centre be advised that Council is unable to renew the Operating Approval for the Caravan Park/Holiday Centre until such time as the encroachment issues are either resolved or a new Lease over part of the adjoining Reserve area R81262 (Lot 7016 DP 1056524) is granted.

 

 

 

ITEM 8.6      SF394                030610      Release of Investment Policy Guidelines

10/10 Resolved: (Court/Flack)

 

That the information in relation to the investment policy guidelines be received.

 

11/10 Resolved: (Moran/Finlayson)

 

That a report come to Council on the amount of lost capital on the principal originally invested.

 

 

 

ITEM 8.7      SF360                030610      Response from Argents Hill Hall Committee of Management Concerning Country Hall Renewal Fund grant Offer of $50,000

12/10 RESOLVED: (Flack/Ballangarry)

 

That Council note the response from the Argents Hill Hall Committee of Management concerning their discussion of the matters identified by Council at its meeting on 15 April 2010; their agreement to project manage the refurbishment of the hall; and their agreement to acquit the grant.

 

NoteCr Finlayson and Cr Moran requested that their votes be recorded as against this resolution.

 

 


 

ITEM 8.8      SF333                030610      Discontinuation of Scotts Head New Years Eve Fireworks

13/10 RESOLVED: (Court/Ainsworth)

 

1        That Council note the discontinuation of the Scotts Head New Years Eve fireworks.

 

2        That Council formally thank the Committee of Management and its many volunteers for their outstanding work in fundraising and conducting the Scotts Head New Years Eve fireworks for the past 11 years.

 

 

 

ITEM 8.9      SF358                030610      Review of Reserve Contribution for Macksville Memorial Aquatic Centre

14/10 RESOLVED: (Flack/Court)

 

1          That Council note the deficiencies in the current Pool reserve funds and contribution rates having regard to the expenses identified in the Macksville Memorial Aquatic Centre 20 year asset management plan complied by Stevenson & Associates and dated 25 March 2010.

 

2          That Council receive a report from the Property officer on funding sources for the projected expenditure, including working funds, section 94 contributions, grant funds and loan funds, to meet the 20 year asset management plan and the required reserve contribution rates.

 

 

 

Director Environment and Planning Report

 

ITEM 9.1      SF1261              030610      Outstanding DA's greater than 12 months, applications where submissions received not determined to 10 May 2010

15/10 RESOLVED: (Moran/Ainsworth)

 

1          That the list of outstanding development applications (at least 12 months old) and applications received, be noted and received for information by Council.

 

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

 

 

 

ITEM 9.2      SF1261              030610      DA's and CDC's Received and Determined under Delegated Authority 11-24 May 2010

16/10 RESOLVED: (Moran/Smyth)

 

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

 

 


 

ITEM 9.3      SF285                030610      Report on Community Services Committee Minutes of Meeting Held 20 April 2010

17/10 RESOLVED: (Flack/Smyth)

 

1          That Council write to the Roads and Traffic Authority to seek information about its plans for promoting changes to child restraints in vehicles given the conflicting advice received by the Coffs Bellingen Nambucca Community Transport Service as to what rules apply to whom.

 

2          That a copy of the report on gambling in the Nambucca Shire which is to be presented to a future Community Services Committee meeting, be forwarded to Council for information.

 

 

 

ITEM 9.4      SF285                030610      Report Outlining a Snapshot of Community Services at Nambucca Shire Council

18/10 RESOLVED: (Smyth/Flack)

 

That Council note the snapshot report of Community Services at Nambucca Shire Council and that the report now be presented to the Community Services Committee.

 

 

 

Item 9.5 was dealt with under Delegations.

 

 

 

 


ITEM 9.6      SF1120              030610      Report on Rural Financial Counselling Service for 2009

19/10 RESOLVED: (Court/Flack)

 

That Council note the availability of the 2008-09 Annual Report for Rural Financial Counselling Services NSW – Northern Region, and the key issues dealt with by the Service’s Macksville office.

 

 

 

ITEM 9.7      SF278                030610      Report on School Attendance Program

20/10 RESOLVED: (Moran/Flack)

 

That Council note the progress and success of the School Attendance Program in Macksville Business District.

 

 

 

 

ITEM 9.8      SF1406              030610      Joint Regional Planning Panels - Review and Procedure Amendments

21/10 RESOLVED: (Moran/Court)

 

1        That Council advise the Department of Planning that it considers that any delegation from the Chair of the Joint Regional Planning Panel can only be to the Council who in turn delegate the relevant functions to the General Manager. 

 

2        That Council advise the Department of Planning that it does not support the delegation to Council for Section 96 (1A) Modifications that have been previously approved by the JRPP but opposed by Council.

 

 

 

3        That Council advise the Department of Planning that it does support the delegation to Council for:

                 "Designated Development" with a Capital Investment Value of $5 million or less, whether or not submissions/objections have been received and the Assessment report recommends approval;

                 "Straightforward Applications" where no submissions have been received and the Assessment report recommends approval;

                 "Areas and Precincts" whether or not submissions/objections have been received, where the proposal is in strict accordance with the detailed planning designs/guidelines and the Assessment report recommends approval.

 

4                     That Council's Planning Department put together the detailed Planning Designs/guidelines for the Liston Street, Ridge/Bowra Street precincts in Nambucca heads and the Matthews Street precinct in Scotts Head.

 

5        That Council continue to put its objections to the establishment of the JRPP’s.

 

 

 

Cr Flack and Cr Smyth left the meeting at 7.35 pm and returned at the conclusion of this item, the time being 7.46 pm.

 

ITEM 9.9      SF1254              030610      Report on Nambucca Valley Conservation Association V Nambucca Shire Council and Paul Joseph

22/10 RESOLVED: (Moran/Ainsworth)

 

1          That Council note the initial claim for costs from the Environmental Defenders Officer in the matter Nambucca Valley Conservation Association V Nambucca Shire Council and Paul Joseph has been rejected.

 

2          That Council endorse the submission of an offer to the Environmental Defenders Office for payment of costs.

 

3          That in the event that the offer to the Environmental Defenders Office is also rejected then Council authorise the General Manager to request that the Environmental Defenders Office submit their claim to the Costs Assessor for determination.

 

23/10 Resolved: (Moran/Ainsworth)

 

4        That Council make further enquiries as to how the EDO is funded.

 

 

 

Director Engineering Services Report

 

ITEM 10.1    SF98                  030610      Road Naming - Landy Drive Way Way

24/10 RESOLVED: (Court/Finlayson)

 

That Council adopt the name of Landy Drive, Way Way with the name to be gazetted, notification made to the relevant Government agencies and advertised in a local newspaper.

 

 


 

ITEM 10.2    SF1185              030610      Naming of Garden on the Corner of Wallace and Princess Streets, Macksville

25/10 RESOLVED: (Moran/Ainsworth)

 

That Council name the garden at the corner of Wallace and Princess Streets, Macksville as “Hindmarsh Garden” and that a sign be erected.

 

    

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.50 pm. 

 

Confirmed and signed by the Mayor on 17 June 2010.

 

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)