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

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

APOLOGIES

 

Cr Elaine South

 

 

PRAYER

 

Pastor Peter Lott from the Christian Life Centre offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor R Hoban declared a non-pecuniary significant conflict of interest in Item 9.2 Valla Quarry - Environmental Management Audit Report - Period 2 October 2012 to 1 October 2013 under the Local Government Act as Cr Hoban negotiated Conditions of Consent for this development prior to becoming a Councillor .  Cr Hoban left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 16 January 2014

 

29/14 RESOLVED: (Flack/Smyth)

 

That the minutes of the Ordinary Council Meeting of 16 January 2014 be confirmed subject to the following amendments:

 

1        Cr Flack - page 13 GM’s report Closed Meeting…..no resolution to go into closed meeting.  Motion was not put so no resolution required.

 

2        Cr Smyth – Item 4.2 - mover and seconder required, although covered in 11.4 which mentions both items.  Mover and seconder for 11.4 should be noted at 4.2

 

3        Cr Morrison – Item 9.6 (6.4) page 10, Cr Morrison requested an explanation of meaning of Delegation with the Hon Andrew Stoner MP and was advised that this refers to representation from Council to meet with Mr Stoner.

 

 

 

NOTICE OF MOTION - CR Hoban

 

ITEM 5.1      SF1933              300114      Notice of Motion - Review of Code of Meeting Practice (SF271, SF1031)

30/14 RESOLVED: (Hoban/Morrison)

 

That Council review its Code of Meeting Practice to provide greater clarification of the term “due notice” in relation to business transacted at Council meetings; the conduct of Public Forums and any other matters that need updating or review.

 

31/14 Resolved: (Hoban/MacDonald)

 

That Councillors who have items they wish to be considered in relation to the Code of Meeting Practice bring their comments or suggestions to the General Manager by close of business on Friday 28 February 2014.

 

 

 

DELEGATIONS

 

32/14 Resolved: (Smyth/Flack)

 

That the following delegations be heard:

 

5.2     Notice of Motion - Hyland Park Electricity (SF869)

i)          Mr Robert Baker - objector

ii)         Mr Michael Siford – objector

 

9.3     Request to Acquire a Small Section of Gordon Park, Nambucca Heads

i)       Mrs Kelli Leckie – applicant

 

Mr Robert Baker addressed Council making the following points:

 

 

Mr Michael Siford addressed Council making the following points:

 

 

NOTICE OF MOTION - CR Morrison

 

ITEM 5.2      SF1933              300114      Notice of Motion - Hyland Park Electricity (SF869)

Motion:      (Morrison/Ainsworth)

 

That Council write to Essential Energy advising them that we are a progressive Council who considers that our infrastructure development is of vital importance in attracting new development into the area.  Council requests Essential Energy that they do not defer the upgrading of the Power supply to Hyland Park and that Council further requests priority be given to this power upgrading.

 

Motion:      (Ainsworth/Finlayson)

 

That Cr Morrison be provided with an extension of time.

Motion was LOST

 

Amendment:       (Ainsworth/Morrison)

 

That this matter be deferred and that Council invite Essential Energy to address Council and Hyland Park residents (and any other stakeholders) in order to clarify the issue.

 

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

 

33/14 Resolved: (Ainsworth/Morrison)

 

That this matter be deferred and that Council invite Essential Energy to address Council and Hyland Park residents (and any other stakeholders) in order to clarify the issue.

 

34/14 Resolved: (Hoban/Smyth)

 

That Councillors with any information, letters or emails in relation to this matter, provide this information to the General Manager so that the information can be recorded on Council’s record system and circulated to all Councillors.

 

 

 

NOTICE OF MOTION - CR Morrison

 

ITEM 5.3      SF1933              300114      Notice of Motion - Request for Leave - Cr Morrison 3 March to 3 April 2014 Inclusive (SF1788)

35/14 RESOLVED: (Morrison/Ainsworth)

 

That Cr Bob Morrison be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 3 March 2014 to 3 April 2014, inclusive.

 

 

 

NOTICE OF MOTION - CR Hoban

 

ITEM 5.4      SF1933              300114      Notice of Motion - Approval of Small Donations (SF24)

36/14 RESOLVED: (Hoban/MacDonald)

 

That Council receive a report on possible ways to remedy the bureaucratic time wasting associated with the approval of minor donations.

 

 

 

DELEGATIONS continued

 

Mrs Leckie addressed Council making the following points:

·               Several issues under Risk not agreed with

·                Advertisement – comment not correct

·                Valuation – impossible to determine cost however, a valuation report has been forwarded to Council

·                Economic consequences – not agreed

·                No mention of landslip liability

 

 

ITEM 9.3      SF734                300114      Request to Acquire a Small Section of Gordon Park, Nambucca Heads - Kelli & Clint Leckie

Motion:      (Finlayson/Ainsworth)

 

1        That the Trust (Council) decides whether or not it wishes to sell approximately 290 square metres of Gordon Park to Mr and Mrs Leckie.

 

2        That, if Council decides to sell the land, it proceeds with the process set out by the Crown Lands Office in their letter (attached to this report).  Also that if the land is sold it be subject to a covenant restricting the use of the land to retaining wall structures only for the purpose of retaining the adjoining land.

 

Amendment:       (Flack/Smyth)

 

That this matter be deferred pending clarification from the  Crown Lands Department as to their awareness of the likelihood that the land will be built upon to gain sunlight access as per the delegation to Council and whether this affects their decision in terms of the Crown Lands’ recommendation.

 

The amendment was LOST.

 

FURTHER Amendment:          (Hoban/Finlayson)

 

          That the Trust (Council) sell approximately 290 square metres of Gordon Park to Mr and Mrs Leckie in accordance with the recommendation from Trade and Investments Crown Lands of 16 January 2014.

 

2        That Council proceeds with the process set out by the Crown Lands Office in their letter (attached to this report).  Also that if the land is sold it be subject to a covenant restricting the use of the land to retaining wall structures only for the purpose of retaining the adjoining land. And further, that the stabilisation is to occur within two (2) years of the sale.

 

The amendment was withdrawn.

 

FURTHER Amendment:          (Hoban/Flack)

 

That Council defer this matter and advise Trade and Investment Crown Lands until Mr Hurcum and Mr Cameron come to Council and explain the proposal and the implications of their recommendations.

 

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

 

37/14 Resolved: (Hoban/Flack)

 

That Council defer this matter and advise Trade and Investment Crown Lands that Mr Nessbit Hurcum and Mr Kevin Cameron come to Council and explain the proposal and the implications of their recommendations.

 

 

 

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 had been received.

 

 

 

General Manager Report

 

ITEM 9.1      SF894                300114      "Revitalising Local Government" - Final Report of the NSW Independent Local Government Review Panel October 2013

38/14 RESOLVED: (MacDonald/Flack)

 

That the information concerning the final report of the NSW Independent Local Government Review Panel, “Revitalising Local Government”, be received and that there be a further report to Council on a formal response.

 

 

 

The Mayor, Cr Hoban, left the meeting 7.38 pm and returned after the conclusion of Item 9.2 at 8.07 pm

The Deputy Mayor, Cr Ainsworth, took the Chair for the duration of Item 9.2.

 

ITEM 9.2      SF1431              300114      Valla Quarry - Environmental Management Audit Report - Period 2 October 2012 to 1 October 2013

39/14 RESOLVED: (Morrison/Finlayson)

 

That Quarry Solutions be provided with a period of one (1) month to submit a revised Quarry Environmental Management Plan (QEMP) for consideration by Council and the Environmental Protection Authority (EPA).

 

Note: Cr Flack requested that her vote be recorded against the resolution.

 

Motion:      (Flack/Smyth)

 

That the Quarry be fined for breaches, as listed in the Audit Report, for which Council has the capacity to impose fines.

 

Amendment:       (Finlayson/Morrison)

 

That consideration of fining for breaches be deferred until after the Quarry has submitted their revised Quarry Environmental Management Plan.

 

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

 

40/14 Resolved: (Finlayson/Morrison)

 

That consideration of fining for breaches be deferred until after the Quarry has submitted their revised Quarry Environmental Management Plan.

 

 

Council adjourned the meeting for supper at 8.10 pm

Council resumed the meeting at 8.43 pm.

 

 

Item 9.3 was dealt with under Delegations.

 

 

 

ITEM 9.4      SF1904              300114      Planning Proposal LEP Amendment no. 17 Reclassification of Bowraville Folk Museum

41/14 RESOLVED: (MacDonald/Ballangarry)

 

1        That Council proceed with the proposed amendment as drafted in this report.

 

2        That pursuant to Clause 59(1) of the Environmental Planning and Assessment Act 1979 Council request that a draft instrument be prepared by forwarding all relevant information to the Minister and request the plan be made.

 

3        That those persons/agencies who made submissions be advised of Council's decision.

 

4        Council formally thank the Bellingen Shire Council General Manager for assistance in facilitating the public hearing.

 

For the motion                Cr Hoban, Morrison, Ballangarry, Flack, Smyth, Finlayson, Ainsworth and

                                       MacDonald (Total 8)

Against the motion          Nil

 

 

 

ITEM 9.5      SF688                300114      Our Living Coast Program Website and Environmental Levy

42/14 RESOLVED: (Flack/Smyth)

 

That Council retain its input into the sustainability hub for the Nambucca, Coffs Harbour and Bellingen Region during this current budget period. In preparing the budget for the 2014/15 financial year Council receive details on the program for that period.

 

 

 

ITEM 9.6      SF1920              300114      Minutes of the Access Committee meeting held 3 December 2013

43/14 RESOLVED: (Smyth/Ballangarry)

 

That the minutes of the Nambucca Shire Council Access Committee meeting held 3 December 2013 be endorsed.

 

 

 

ITEM 9.7      SF251                300114      Outstanding Actions and Reports

44/14 RESOLVED: (Ainsworth/MacDonald)

 

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

 

 

 

ITEM 9.8      SF1947              300114      2013 December - Development Applications Received

45/14 RESOLVED: (Flack/MacDonald)

 

That the Development Applications and Complying Development Applications received in December 2013 be received for information.

 

 

 

ITEM 9.9      SF1947              300114      Outstanding DA's greater than 12 months, applications where submissions received not determined from 6-17 January 2014

46/14 RESOLVED: (Finlayson/Morrison)

 

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

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF1875              300114      Investment Report To 31 December 2013

47/14 RESOLVED: (Smyth/Morrison)

 

That the Accountants’ Report on Investments placed to 31 December 2013 be noted.

 

 

 

ITEM 10.2    SF251                300114      Schedule of Council Public Meetings

48/14 RESOLVED: (Ainsworth/Flack)

 

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

 

 

 

ITEM 10.3    SF1031              300114      Adoption Of Draft Policy - Rates Hardship

49/14 RESOLVED: (Ainsworth/MacDonald)

 

1        That the Draft Policy Rates Hardship be exhibited for 28 days

 

2        That a further report be prepared for Council Meeting, to be held on 13 March 2014, to consider the adoption of the policy following the expiration date for the receipt of submissions.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF84                  300114      2014/2015 NSW Rural Fire Services 'BID'

50/14 RESOLVED: (Flack/Ainsworth)

 

1        That Council endorse OPTION ONE for the Rural Fire Service “BID” for 2014/15 financial year being an amount of $236,711.00, and thank the Rural Fire Service Zone Manager for the Lower North Coast Zone for his concerted effort to endeavour to provide a 2014/15 Rural Fire Service “BID” for the Nambucca Shire Council within the realms of the rate pegging levy

 

2        That Council write to the Commissioner for the Rural Fire Service and advise that:

 

a)       Council acknowledge that the Rural Fire Service Zone Manager for the Lower North Coast Zone has endeavoured to provide a 2014/15 Rural Fire Service “BID” for the Nambucca Shire Council, within the realms of the rate pegging levy and trust that the State Government will adhere to the same parameters.

 

b)       The 2014/15 Rural Fire Service “BID” of $236,711.00 has been endorsed by Council as presented by the Rural Fire Service Zone Manager for the Lower North Coast Zone at Council’s January meeting held on 30 January 2014 and that Council will not endorse any further increases to the draft bid as presented.

 

3        That Council write to the Minister for Police and Emergency Services and the Deputy Premier, the Hon Andrew Stoner MP, and advise that:

 

a)       That the Rural Fire Service Zone Manager for the Lower North Coast Zone has endeavoured to provide a Rural Fire Service “BID” for the Nambucca Shire Council within the realms of the rate pegging levy and trust that the State Government will adhere to the same parameters.

 

b)       The 2014/15 Rural Fire Service “BID” of $236,711.00 has been endorsed by Council as presented by the Rural Fire Service Zone Manager for the Lower North Coast Zone at Council’s January meeting held on 30 January 2014 and that Council will not endorse any further increases to the draft bid as presented.

 

 

 

ITEM 11.2    SF85                  300114      NSW Rural Fire Service Liaison Committee meeting No. 2 – 2013/14

51/14 RESOLVED: (Flack/Smyth)

 

That Council receive, note the report and endorse the minutes for the Rural Fire Service Liaison Committee Meeting No 2 - 2013/14 held on Thursday 10 December 2013.

 

 

 

ITEM 11.3    SF1676              300114      Capital Works Report - 1 July 2013 - 31 December 2013

52/14 RESOLVED: (MacDonald/Ainsworth)

 

1        That the Capital Works Report for the period 1 July 2013 to 31 December 2013 be received and noted.

 

2        That the proposed variations be endorsed and included in the December 2013 budget review.

 

 

 

ITEM 11.4    SF841                300114      Pacific Highway (Nambucca Heads to Urunga) - Assets Handover

53/14 RESOLVED: (Ainsworth/MacDonald)

 

1        That Council advise Roads and Maritime Services that as Council is unable to maintain and replace the existing infrastructure and cannot afford the maintenance and additional roads and bridges infrastructure it will not accept responsibility for:

 

a)   The existing Pacific Highway and associated infrastructure, including the Macksville Bridge

b)   The Boggy Creek interchange overbridge, roundabouts and associated infrastructure.

 

2        That Council advise Roads and Maritime Services that Council will only accept the responsibility of the 6 new proposed local roads created by the Nambucca Heads to Urunga bypass subject to the Roads and Maritime Services providing a 10 year rolling maintenance grant to an agreed value.

 

3        That Council request Roads and Maritime Services to provide a record of infrastructure of all assets it intends to handover to Council for Council’s consideration prior to any condition assessments or handovers are enacted.

 

4        That Council liaise with Bellingen Shire Council, local tourism bodies and Macksville, Nambucca and Urunga Chambers of Commerce for consideration of a suitable name for the existing Pacific Highway that will be by-passed when the Warrell Creek to Urunga Upgrade is complete, with examples being: Nambucca–Bellingen Way or Twin Rivers Way.

 

5        That Council carry the following road naming actions for the 6 proposed local roads;

 

          Road A                 Name-Boggy Creek Access Road

          Road B                 Name-Boggy Creek Link Road

Road C                 Advise owners of the 3 properties that have access to road C that Council intends to call this road Flame Tree Road as selected from a list of tree species native to the area

Road D (Sth)         Advise owners of properties that have access to road D (south) that Council intends to retain the name Blackbutt Road and that their street numbers will need to be amended to reflect the new start point of the road and the distance to their driveway from this start point.

Road D (Nth)         Advise owners of properties that have access to road D (north) and further residents of Burkes Lane that Council intends to call this new road Burkes Lane for a distance along the new alignment equal to that which has been closed along the old alignment to retain existing property numbers, with remainder of the road connecting Burkes Lane to East West Road approximately 750m long to be called Brush Box Road as selected from a list of tree species native to the area.

Road E               Advise owners of the properties that have access to road E Council intends to call this road Jackwood Road as selected from a list of tree species native to the area.

 

 

 

ITEM 11.5    SF1905              300114      Tender No T221314MNC Supply and Delivery of Bulk Cationic Rapid Setting (CRS) Grade Bitumen Emulsion

54/14 RESOLVED: (Morrison/MacDonald)

 

1        That Council accept the Tender submitted by Downer EDI Works for the supply and delivery of Bitumen Emulsion as recommended in the confidential report.

 

2        That Council update the Contract Register.

 

55/14 Resolved: (Flack/Ainsworth)

 

That Council note the confidential information in relation to Item 12.1.

 

 

 

ITEM 11.6    T008/2013           300114      T008/2013 South Macksville Sewerage Stage 2 - Construction of New Sewage Pump Station PS16 and Rising Mains RM 16A & B

56/14 RESOLVED: (Ainsworth/MacDonald)

 

That Council accept the tender submitted by Northpipe Constructions for the construction of South Macksville Sewer Pump Station 16 and Rising Mains 16A and 16B.

 

57/14 RESOLVED: (Flack/Ainsworth)

 

That Council note the confidential information in relation to Item 12.2.

 

     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

Council did not go into Closed Meeting.

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 9.20 pm. 

 

Confirmed and signed by the Mayor on 13 February 2013.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)