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)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

PRAYER

 

Father Michael from the Catholic Church offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor Smyth declared a non-pecuniary significant conflict of interest in Item 9.2 Nambucca Valley Landcare - Occupation of Shop in Bowraville Theatre under the Local Government Act as Cr Smyth has a family member that is employed by Landcare.  Cr Smyth left the meeting for this item.

 

Councillor JA Ainsworth declared a pecuniary interest in Item 9.8 Outstanding DA's greater than 12 months, applications where submissions received not determined from 20-31 January 2014 (the item dealing with kennels on Coronation Road) under the Local Government Act as Cr Ainsworth has family member who is an adjoining landowner.  Cr Ainsworth left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 30 January 2014

 

58/14 RESOLVED: (Flack/Smyth)

 

That the minutes of the Ordinary Council Meeting of 30 January 2014 be confirmed subject to the following amendment:

 

It was not recorded that Cr Hoban returned to the Chair to close the meeting.

 

 

 

NOTICE OF MOTION - CR Hoban

 

ITEM 5.1      SF1933              130214      Notice of Motion - Submission to NSW Parliamentary Inquiry Into Social, Public And Affordable Housing (SF657)

59/14 RESOLVED: (Hoban/Flack)

 

That Council make a brief submission to the NSW Parliamentary Inquiry into Social, Public and Affordable Housing, recommending that the NSW Grants Commission adopt the proportion of people living in residential parks as a disability factor when allocating funding to councils.

 

 

 

NOTICE OF MOTION - CR Hoban

 

ITEM 5.2      SF1933              130214      Notice of Motion - Erection of Flood Height Indicators and Naming of Causeway, Sundowner Road (RF498)

60/14 RESOLVED: (Hoban/Flack)

 

1        That Council erect flood height indicators at the causeway located 100m before 71 Sundowner Road, Bakers Creek.

 

2        That Council receive a brief report on the merit or otherwise of naming the causeway.

 

 

 

NOTICE OF MOTION - CR Hoban

 

ITEM 5.3      SF1933              130214      Notice of Motion - Budget Allocation to Recognise and Support Existing Businesses (SF661)

61/14 RESOLVED: (Hoban/South)

 

That Council consider a budget allocation in 2014/15 of $10,000 for the purpose of recognising and/or supporting existing businesses within the Nambucca Valley, the expenditure of which is to be determined by the General Manager in consultation with the Manager of Business Development.

 

 

 

DELEGATIONS

 

Resolved:          (Morrison/South)

 

That the following delegation be heard:

 

          5.4     Council Land for Men's Shed in Nambucca Heads

                   i)       Mr John Kent on behalf of Men's Shed Nambucca Heads

 

Mr Kent addressed Council making the following points:

·    Nambucca Heads Men’s Shed has community support particularly businesses, clubs, organisations, grants and in kind contributions

 

 

NOTICE OF MOTION - CR Morrison

 

ITEM 5.4      SF1933              130214      Notice of Motion - Council Land for Men's Shed in Nambucca Heads (SF1479)

Motion:      (Morrison/Ainsworth)

 

That Council allot a piece of land of approximately 1,500m2 from one of its allotments from the Railway Road, Industrial Area Nambucca for the establishment of a Men's Shed.

 

Amendment:       (Ainsworth/Smyth)

 

That Council try to identify a suitable allotment of land in Nambucca Heads for the Nambucca Heads Men’s Shed.

 

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

 

62/14 Resolved: (Ainsworth/Smyth)

 

That Council try to identify a suitable allotment of land in Nambucca Heads for the Nambucca Heads Men’s Shed. 

 

 

 

NOTICE OF MOTION - CR Morrison

 

ITEM 5.5      SF1933              130214      Notice of Motion - Request to Acquire a Small Section of Gordon Park, Nambucca Heads - Kelli & Clint Leckie (SF734)

 

Cr Morrison has withdrew his Notice of Motion.

 

  

 

DELEGATIONS continued

 

Resolved:          (Morrison/South)

 

That the following delegations be heard:

 

11.2   Presentation from Essential Energy on the electricity upgrade to Hyland Park

          i)        Mr Kerry Riddell—Hyland Park concerned resident

                   ii)      Ms Rachel Hussell, Manager Community Relations North Coast and

                             Mr Don Dark Design Manager from Essential Engery

                   iii)     Mr Lachlan Ison, Zone Manager NSW Rural Fire Service Lower North Coast Zone

will be in attendance to take questions.

          iv)      Mr Robert Baker—Hyland Park concerned resident

 

 

Mr Riddell addressed Council making the following points: (his speaking notes are on trim file SF869)

·    Asked by Hyland Park conservation group to address Council

·    220 people signed petition to say “no” to overhead electricity to Hyland Park

·    Asked to be put safely underground

·    Thanks to Council for their support

·    Only one road into and out of the village

·    Only safe option is for the new electricity line to be placed underground or a different route chosen

·    Residents feel major concern is for fires

·    Referred to fires in Canberra and loss of homes, many roads to escape unlike Hyland Park which only has one road by which to escape

·    Email to Cr Morrison from Ms Hussell, that the infrastructure would go ahead without any public consultation

·    What is the reason for power to Hyland Park - primarily for future developments at Valla

·    Why was another route not chosen, was a cost/benefit analysis undertaken

·    What is the proposed route, how will the powerlines cross at Deep Creek

·    How does the extra cost to the public purse compare to underground powerlines in comparison to loss of homes

·    Was a risk assessment done

·    An environmental impact study showed this area is a high risk for bush fires

·    If catastrophic fire occurs from overhead powerlines does Essential Energy pay compensation

·    Other routes have been investigated but current one is most cost effective – will Essential Energy provide documentation to Council

·    Clearing undergrowth is contractual and to ensure there is no regrowth of trees

·    Cost/benefit analysis should be used to ascertain viability for underground opposed to overhead

·    Projects looked at on an individual basis

·    Normal that developers inform Essential Energy, however, now there is a contestable environment for power providers

 

Ms Hussell and Mr Dark addressed Council making the following points:

·    Apology for Brendon    regional manager

·    Essential Energy is a NSW government owned organisation

·    Australia’s largest electricity network supplier

·    Role to provide reliable safe and sustainable power to its customers

·    Would provide benefit to Hyland Park also, Valla, Valla Beach Raleigh and surrounding areas

·    Feedline comes from NH power station

·    Project plan will provide power to above during unplanned interruptions

·    Did not meet customer outage requirements – not providing a reliable supply in those areas

·    Significant local development would require Essential Energy to increase supply

·    Has been a decrease in faults and outages and performance has improved

·    Essential Energy has not received any formal written confirmation of development ie proposal has been placed on hold

·    Link needed to connect Nambucca Heads with Hyland Park

·    Vegetation clearing and future vegetation management carried out by State Forest -  10 m cleared on either side of powerline to minimise fire incidences etc

·    3.5 km of aluminium conductors, 23 new power poles

·    Overhead design, cost, environmental impact

·    Underground would triple cost – natural environment would be disturbed. Overhead cost is $320,000, underground cost is $850,000

·    Underground does not add to capacity

·    Would take longer to fix faults

·    All extra costs would need to be passed on to customers if underground.  Essential Energy cannot justify the cost increase

·    Maintenance of power lines is ongoing and paramount to safety issues

·    Bushfire impacts have been addressed

·    Project currently on hold until one or both of key drivers are met….could be years away

·    Are committed that community is informed of any changes and any progression.

 

Ms Rachel Hussell addressed Council making the following additional points:

·    Funded completely by customers

·    No written correspondence received regarding future developments

·    Improvement to reliability driver has been made so second driver is not necessary at this time

·    Does not go into private property

·    Essential Energy provided written information to residents – some with only short notice – Essential Energy apologises for short notice

·    Offered to come and meet with residents face to face as requested

·    Contractors will be removing undergrowth next week

·    Community may be asked contribute to costs if lines go underground

·    Some residents are in support of the overhead power lines

·    Clearing has made it safer to travel along road because of improved vision and wider fire break

·    Overhead lines follow comprehensive vegetation management and will include aerial surveillance as from March 2014

·    Essential Energy unable to answer question in relation to compensation resulting from an overhead power line fire

·    Work very closely with the Rural Fire Service and take advice from the Rural Fire Service in times of emergencies

·    Currently 870,000 customers (95% of NSW)

·    Voltage is 11,000 v in keeping with other high voltage distribution lines

 

Mr Ison addressed Council making the following points:

·    Question 8 from Mr Riddell – bushfire management is covered under risk management – Hyland Park has been identified as Extreme 1A risk (this is the highest level of risk)

·    Some properties may be identified as not- defendable – but this is not used for Hyland Park generally

·    Broad policies and guidelines agreed upon with Essential Energy – not aware that this project was discussed with Rural Fire Service

·    Rural Fire Service opinion that overhead power lines are an identified cause of fires and operationally, if lines are down may delay response time – do follow whole government approach

 

Mr Baker addressed Council making the following points:

 

 

ITEM 11.2    SF869                130214      Presentation from Essential Energy on the electricity upgrade to Hyland Park

63/14 RESOLVED: (Ainsworth/Morrison)

 

1        That Council receive the presentation from the representatives of Essential Energy on the upgrade of electricity supply to Hyland Park.

 

2        That Council thank the representatives from Essential Energy, the Rural Fire Service and residents from Hyland Park for addressing Council on the upgrade of electricity supply to Hyland Park.

 

 

 

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 has been received.

 

 

 

General Manager Report

 

ITEM 9.1      SF251                130214      Outstanding Actions and Reports

64/14 RESOLVED: (MacDonald/Ainsworth)

 

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

 

 

 

Cr Smyth left the meeting for this item at 7.16 pm and returned after the conclusion of the item at 7.27pm.

 

ITEM 9.2      SF380                130214      Nambucca Valley Landcare - Occupation of Shop in Bowraville Theatre

65/14 RESOLVED: (Flack/Ballangarry)

 

1        That Council offer temporary office accommodation for Nambucca Valley Landcare and Mid North Coast Farm Foresters in the vacant Bowraville Theatre shop rent free for the first six months and then at $50 per week rent plus GST for the following six months including outgoings.

 

2        There be a review of these leasing terms three (3) months before the 12 month anniversary of the lease so that Council may make a decision in relation to entering into a new lease with Landcare or alternatively testing the market before the expiration of the lease and the shop potentially becoming vacant.

 

3        That Council’s seal be attached to any lease documents as required.

 

 

 

ITEM 9.3      SF734                130214      Establishment of an Internally Restricted Reserve for Income from Crown Land

66/14 RESOLVED: (MacDonald/Ainsworth)

 

That Council establish an internally restricted reserve to receive all income from the use of Crown Land for which Council has care, control and management of.

 

 

 

ITEM 9.4      SF1950              130214      Special Rate Variation

67/14 RESOLVED: (Smyth/Ainsworth)

 

1        That Council issue a media release advising that in response to the recently issued general revaluation for all properties in the Shire; it is considering a revised Special Rate Variation proposal which would spread the proposed rate increase over three years instead of two years.

 

2        That the options to be considered by Council at its Special Meeting on 20 February 2014 include spreading the proposed rate increase over three years instead of two years.

 

 

 

ITEM 9.5      SF1755              130214      Progress Report on the implementation of the Business Services Unit

68/14 RESOLVED: (Flack/MacDonald)

 

That Council notes this progress report on the implementation of Business Services Unit.

 

69/14 Resolved: (Hoban/Ainsworth)

 

That Council receive a brief report from the Assistant General Manager Corporate Services indicating the progress in his section, strengths and weakness, and future direction.

 

 

 

ITEM 9.6      SF1947              130214      2014 January - Development Applications Received

70/14 RESOLVED: (Ainsworth/MacDonald)

 

That the Development Applications and Complying Development Applications received in January 2014 be received for information.

 

 

 

ITEM 9.7      SF1947              130214      Construction and Complying Development Certificates Approved January 2014

71/14 RESOLVED: (Ainsworth/Ballangarry)

 

That the Construction and Complying Development Certificates approved for January 2014 be noted and received for information by Council.

 

 

 

ITEM 9.8      SF1947              130214      Outstanding DA's greater than 12 months, applications where submissions received not determined from 20-31 January 2014

72/14 RESOLVED: (Flack/MacDonald)

 

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

 

Cr Ainsworth left the meeting at 7.50 pm in relation to resolution 2 below and returned at the conclusion of the item at 7.51 pm.

 

73/14 Resolved: (Finlayson/Smyth)

 

That the development application relating to DA 2013/177 – kennels at 180 Coronation Road be called in for determination by Council if a consent has not already been issued.

 

 

The meeting adjourned for a meal break at 7.52 pm.

The meeting resumed 8.25 pm.

 

 

 

ITEM 9.9      SF1148              130214      Council Ranger's Report January 2014

74/14 RESOLVED: (Flack/Ballangarry)

 

That the report from the Council Ranger for January 2014 be received and noted by Council.

 

 

 

General Manager Report – LATE

 

ITEM 9.10    SF1690              130214      Deed of Release for Coronation Park Skate Park

75/14 RESOLVED: (MacDonald/South)

 

That Council’s seal be attached to the Deed of Release in respect of the legal proceedings against Council in the Land & Environment Court of NSW, being proceedings no. 13/40434.

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF1875              130214      Investment Report To 31 January 2014

76/14 RESOLVED: (MacDonald/Ballangarry)

 

That the Accountants’ Report on Investments placed to 31 January 2014 be noted.

 

 

 

ITEM 10.2    SF251                130214      Schedule of Council Public Meetings

77/14 RESOLVED: (Flack/South)

 

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

 

 

 

ITEM 10.3    SF345                130214      Welsh Park Committee of Management - Request to Relinquish Management of Park

78/14 RESOLVED: (Flack/MacDonald)

 

1        That Council relinquish the Lions Club of Macksville Inc from the management of Welsh Park.

 

2        That the Talarm Hall Committee of Management be formally requested to take on the management of Welsh Park.

 

3        That Council amends the Guide to Operations and Delegations of Authority to reflect the change of responsibility to the Committee of Management for Talarm Hall.

 

4        That Council thank the Lions Club of Macksville for their contribution to the care, control and management of Welsh Park.

 

 

 

ITEM 10.4    SF340                130214      Utungun Community Centre Committee of Management - Minutes of Annual General Meeting - 12 November 2013

79/14 RESOLVED: (Ainsworth/MacDonald)

 

That Council endorse the Minutes of the Committee of Management for the Utungun Community Centre’s Annual General Meeting held on 12 November 2013

 

 

 

ITEM 10.5    SF326                130214      Senior Citizen's Club Nambucca Heads - Minutes of Annual General Meeting held 12 November 2013

80/14 RESOLVED: (Ainsworth/MacDonald)

 

That Council endorse the Minutes of the Annual General Meeting of the Senior Citizen’s Club of Nambucca Heads Committee of Management held on 12 November 2013

 

 

 

ITEM 10.6    SF298                130214      Argents Hill Hall Committee of Management - Minutes of Annual General Meeting - 9 October 2013

81/14 RESOLVED: (Flack/Ballangarry)

 

That Council endorse minutes of the Committee of Management for Argents Hill Hall’s Annual General Meeting held on 9 October 2013, and thank the outgoing Committee for their work in the past twelve months.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF1693              130214      Waste and Sustainability Improvement Program - Solar Waste Compactor Street Litter Bins

82/14 RESOLVED: (Flack/Smyth)

 

That Council allocate an amount of $36,000.00 (Thirty-six Thousand Dollars) funding from the Waste and Sustainability Improvement Program (WASIP) to purchase and install solar compactor street litter bins and amend the action table to receive payment from the NSW Environment Protection Authority.

 

 

Item 11.2 was dealt with under Delegations

 

 

 

ITEM 11.3    Q009/2013          130214      Q009/2013 Quotation for the Investigation and Design for Road Embankment Stabilisation Riverside Drive Nambucca Heads

83/14 RESOLVED: (Ainsworth/Flack)

 

1        That Council accept the quotation for Q009/2013 Geotechnical Investigation & Design for Road Embankment Stability Works, Riverside Drive, Nambucca Heads from Coffey Geotechnics Pty Ltd

 

2        That Council update the Contract Register.

 

For the motion:                Councillors Hoban, Morrison, Ballangarry, Flack, Smyth, Finlayson, Ainsworth,

                                       MacDonald and South              (Total 9)

Against the motion:         Nil

 

 

 

ITEM 11.4    Q010/2013          130214      Q010/2013 Quotation for the Investigation and Design Landslip Stabilisation below Foreshore Close on Riverside Drive Nambucca Heads

84/14 RESOLVED: (Ainsworth/Flack)

 

1        That Council accept the quotation for Q010/2013 Geotechnical Investigation & Design for Landslip Stabilisation below Foreshore Close, Riverside Drive, Nambucca Heads from Coffey Geotechnics Pty Ltd.

 

2        That Council allocate an additional $12,000 to the allocation to match the required funding for the works.

 

3        That Council update the Contract Register.

 

For the motion:                Councillors Hoban, Morrison, Ballangarry, Flack, Smyth, Finlayson, Ainsworth,

                                       MacDonald and South              (Total 9)

Against the motion:         Nil

 

 

 

ITEM 11.5    SF453                130214      Waste Management Quarterly Report October - December 2013

85/14 RESOLVED: (MacDonald/Flack)

 

That Council receive and note the information provided in the Waste Management Quarterly Report for the period October – December 2013.

 

     

 

COUNCIL IN CLOSED MEETING

 

86/14 RESOLVED: (Ainsworth/South)

 

That Council note that the details of Items 12.1, 12.2 and 12.3 in Closed Meeting were dealt with in Open Meeting.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 9.00 pm. 

 

Confirmed an signed by the Mayor on 27 February 2014.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)