PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Paula Flack

Cr Kim MacDonald

Cr Elaine South

Cr Anne Smyth

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

APOLOGY

 

Cr Bob Morrison on approved leave.

 

 

PRAYER

 

Captain Steve Dorman from The Salvation Army, offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor PF Flack declared a non-pecuniary significant conflict of interest in Item 9.2 Valuation for Site for Proposed Health One Facility - 4 Fred Brain Avenue, Nambucca Heads under the Local Government Act as Cr Flack is an employee of Mid North Coast Local Health District, the proposed buyer of land the subject of this item.  Cr Flack left the meeting for this item.

 

Councillor Smyth declared a non-pecuniary less significant conflict of interest in Item 9.4 Flying Fox in Gordon Park under the Local Government Act as Cr Smyth is a member of the Gordon Park Rainforest Committee.

 

Councillor R Hoban declared a non-pecuniary significant conflict of interest in Item 9.7 and Item 12.3 Modification of Consent - Valla Quarry - DA 2001/096 under the Local Government Act as Cr Hoban was involved in negotiating the conditions of consent for the original development application prior to becoming a Councillors.  Cr Hoban left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 27 February 2014

 

123/14 RESOLVED:        (MacDonald/Ballangarry)

 

That the minutes of the Ordinary Council Meeting of 27 February 2014 be confirmed.

 

 

 

NOTICE OF MOTION - CR Ainsworth

 

ITEM 5.1      SF1933              130314      Notice of Motion - Council Owned Land - Availability (SF600)

Motion:      (Ainsworth/Finlayson)

 

That Council be provided with a report on all available developable land stocks including any unsold blocks.

 

Amendment:       (Flack/Smyth)

 

That Council be provided with a report by 25 March 2014 on all available developable land stocks including any unsold blocks and it be considered at a meeting of the Land Development Committee.

 

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

 

124/14 Resolved:        (Flack/Smyth)

 

That Council be provided with a report by 25 March 2014 on all available developable land stocks including any unsold blocks and it be considered at a meeting of the Land Development Committee.

 

  

 

Cr Flack left the meeting for the delegation concerning Item 9.2 at 5.38 pm and returned after the conclusion of the Item at 5.50 pm.

 

DELEGATIONS

 

ITEM 9.2      Valuation for Site for Proposed Health One Facility - 4 Fred Brain Avenue

          i)        Mr Stewart Dowrick, CE on behalf of MNC Local Health District

          ii)       Mr Mark McKiernan on behalf of MNC Local Health District

          iii)      Ms Rebecca Wark on behalf of MND Local Health District

 

ITEM 9.7      Modification of Consent - Valla Quarry      

          i)        Ms Susan Jenvey—objector

          ii)       Mr Peter Sobey—objector

          iii)      Mr Ross Smith on behalf of Quarry Solutions

          iv)      Mr Clayton Hill on behalf of Groundwork Plus

 

Mr Dowrick addressed Council making the following points:

·    Development of a Health One centre has been long time in the planning

·    The funds can only be used for a Health Once centre

·    Provide dental, mental health and other health services

·    Compliment services across the whole mid north coast

·    Largest investment for this Valley

 

Ms Wark addressed Council making the following points:

·    Sought independent valuation critique which has been provided to Councillors – copy on file

 

ITEM 9.2      DA2013/092        130314      Valuation for Site for Proposed Health One Facility - 4 Fred Brain Avenue, Nambucca Heads

125/14 RESOLVED:        (Finlayson/Ainsworth)

 

That the matter be deferred to the next Council meeting.

 

 

 

DELEGATIONS continued

 

Cr Hoban left the meeting for Item 9.7 at 5.51 pm.

Cr Ainsworth took the Chair for the delegation and the Item.

Cr Hoban returned after the conclusion of the Item at 6.13 pm and resumed the Chair.

 

Ms Jenvey addressed Council making the following points:

·    Lodge a strong objection to the Quarry increasing its extraction limit

·    Has twice exceeded its development consent

·    Mayor will not stand up for residents of Valla and Viewmont

·    Ratepayers and residents have a right to know who votes

·    Easy for quarry and Council to get their way

·    Why does the quarry want to remain being monitored by Council?

·    Loss of amenity to residents who put up with continual stream of heavy trucks, noise, dust, danger, affects ability to live their lives

·    Uncovered trucks

·    B-double quarry trucks being used on country road

·    Stressful driving on the road, windscreen damaged

·    Truck drivers – poor drivers, and often exceed speed limit

·    Road is continually disintegrating – cost in continual upgrading and repair of the road

·    Residents are upset and agitated

·    Seriously considering selling up and leaving

·    Concretes works belong in industrial estates

·    Councillors should think twice before getting their hands dirty on this issue

·    Not many jobs created.

 

126/14 Resolved:        (Flack/Ballangarry)

 

That Ms Jenvey be granted an extension of time for her delegation to Council.

 

·    Viewmont – view being disintegrated

·    Particles in air

·    Council’s job is to maintain pristine beauty of this are

·    Consent should not be allowed to go ahead

·    How much gravel has gone out since consent was issued

·    Residents being sold down the drain

 

Mr Peter Sobey addressed Council making the following points:

·    Lives in Valla Road opposite the quarry

·    His parents opposed the construction of the quarry in 1996

·    Conditions of consent

·    Council sought an independent report – advised not to go ahead with consent – Council went ahead anyway

·    Limit exceeded consent

·    Violated with deliberate impunity

·    One fine of $2,500

·    Does not believe quarry will cease to operate when extraction limit is reached

·    All want the Highway, brings job for a couple of years

·    Residents bring jobs and stay longer than a couple of years

·    Quarry has treated Council and residents with contempt

 

Mr Clayton Hill addressed Council making the following points:

·    Is looking to increase its extraction rate per annum

·    Council did write to quarry regarding output

·    Only change is the output from the quarry

·    Operation practices have improved – leading stringent practices

·    Quarry did conduct community consultation – CPR Group, set up hot line, local media

·    Developed a truck driver code of conduct

·    Aware of some issues around driver behaviour, disciplinary action can be taken

·    Does have sufficient water for dust suppression – town water not used, have own dam

·    Appreciate Council’s consideration of the application.

 

ITEM 9.7      DA2001/096        130314      Modification of Consent - Valla Quarry - DA 2001/096

127/14 RESOLVED:        (Finlayson/South)

 

That the matter be deferred to Council’s meeting on 10 April 2014.

 

 

 

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      SF959                130314      Outstanding Actions and Reports

128/14 RESOLVED:        (Finlayson/South)

 

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

 

 

 

Item 9.2 was dealt with under Delegations.

 

 

 

ITEM 9.3      SF1406              130314      Appointments to Joint Regional Planning Panel

129/14 RESOLVED:        (MacDonald/Ainsworth)

 

That Council recommend to the Regional Panels Secretariat, the appointment of Mr Daniel Walsh to replace Mr Greg Meyers as Council’s second nominee to the Northern Joint Regional Planning Panel.

 

 

 

ITEM 9.4      PRF28                130314      Flying Fox in Gordon Park

130/14 RESOLVED:        (Finlayson/Ainsworth)

 

That the concerns of the surrounding residents, members of the Tennis Club, and Gordon Park Rainforest Committee be noted and that Council write to the appropriate authority pointing out the difficulties of the residents and Gordon Park Rainforest Committee and seek advice as to how those difficulties might be dealt with.

 

131/14 Resolved:        (Flack/Finlayson)

 

That Council write to the Office of Environment and Health and the Department of Health seeking information regarding health risks from flying foxes in close proximity of humans – whether there is a risk to individuals exposed to flying fox urine, faeces or saliva in fresh skin wounds acquired during voluntary work in flying fox habitat.

 

 

132/14 Resolved:        (Ainsworth/Finlayson)

 

That Council make enquiries from neighbouring councils who also have problems with flying foxes and how they are addressing the problems.

 

133/14 Resolved:        (Smyth/Flack)

 

That Council receive a report on the cost of installing interpretive signage in relation to flying fox habitat and the signage to warn visitors not to touch or pick up flying foxes on the ground including information about the species and their habitat and a WIRES contact phone number.

 

 

 

ITEM 9.5      SF1930              130314      Companion Animal Management

134/14 RESOLVED:        (Finlayson/Flack)

 

That Council receive a report from the Ranger regarding the financial impact of reducing the cost of dogs purchased from the pound to $150 per dog.

 

135/14 Resolved:        (Ainsworth/Flack)

 

That Council note the inspection of its companion animal facility.

 

136/14 Resolved:        (Hoban/Ainsworth)

 

That Council thank Mr Clough for his informative presentation and Council pass on its support to both of its Rangers for undertaking what is recognised at times to be a difficult job description.

 

 

 

ITEM 9.6      SF841                130314      Pacific Highway Upgrade (Nambucca Heads to Urunga) - Proposed Transfer of "Assets"

137/14 Resolved:        (Ainsworth/Finlayson)

 

That the RMS be requested to put to Council:

 

i         A proposal for the road classification of the bypassed sections of the Pacific     Highway, the proposed interchanges on the new Highway, and the Macksville Bridge for its consideration.

 

ii        A proposal for a project handover funding package.

 

 

 

Item 9.7 was dealt with under Delegations.

 

 

 

ITEM 9.8      SF1947              130314      Outstanding DA's greater than 12 months, applications where submissions received not determined from 17-28 February 2014

138/14 Resolved:        (Ainsworth/Finlayson)

 

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

 

139/14 Resolved:        (Finlayson/Ainsworth)

 

That Item 2013/129 is called in for determination by Council.

 

 

 

ITEM 9.9      SF1947              130314      2014 February - Development Applications Received

140/14 Resolved:        (MacDonald/Ainsworth)

 

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

 

 

 

ITEM 9.10    SF1947              130314      Construction and Complying Development Certificates Approved February 2014

141/14 RESOLVED:        (Finlayson/Ballangarry)

 

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

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF1120              130314      Grant Application Status Report

142/14 RESOLVED:        (Ainsworth/Finlayson)

 

That the list of grant applications and their status to 13 March 2014 be received.

 

 

 

ITEM 10.2    SF251                130314      Schedule of Council Public Meetings

143/14 Resolved:        (South/Flack)

 

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

 

 

 

ITEM 10.3    SF327                130314      Nambucca District Band Committee of Management - Minutes of the Annual General Meeting - 11 February 2014

144/14 RESOLVED:        (Finlayson/MacDonald)

 

1        That Council endorse the Nambucca District Band Committee of Management’s minutes of the Annual General Meeting held on 11 February 2014 and thank the outgoing Committee for their work in the past twelve months.

 

2        That the Nambucca District Band’s comments/suggestions in regard to the Australia Day Ceremony on 26 January 2014 be forwarded to the Australia Day Committee for information.

 

 

 

ITEM 10.4    SF318                130314      Macksville Senior Citizens Centre Committee of Management - Annual General Meeting - 27 February 2014 - Minutes

145/14 RESOLVED:        (Ainsworth/MacDonald)

 

That Council note the Minutes of the Macksville Senior Citizens Centre Committee of Management’s Annual General Meeting held on 27 February 2014 including the financial statement and thank the outgoing Committee for their work in the past twelve months.

 

 

 

ITEM 10.5    SF1875              130314      Investment Report To 28 February 2014

146/14 RESOLVED:        (MacDonald/Smyth)

 

That the Accountants’ Report on Investments placed to 28 February 2014 be noted.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF85                  130314      NSW Rural Fire Service Liaison Committee Meeting No. 3 - 2013/2014

147/14 RESOLVED:        (Ainsworth/Finlayson)

 

That Council receive, note the report and endorse the minutes for the NSW Rural Fire Service Liaison Committee Meeting Service Level Agreement 2013/14 held on Thursday 12 February 2014.

 

     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

148/14 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    SF839                130314      General Manager's Performance Review

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 12.2    PRF28                130314      Further Submissions on Flying Fox in Gordon 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) (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    SF1931              130314      Modification of Consent - Valla Quarry - DA 2001/096

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) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.06 pm.

 

 

 

RESUME IN OPEN MEETING

 

149/14 RESOLVED:        (Ainsworth/Ballangarry)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 8.47 pm

 

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF839                130314      General Manager's Performance Review

150/14 RESOLVED:        (Ainsworth/MacDonald)

 

That the General Manager note the Council’s comments on his performance.

 

 

151/14 Resolved:        (Ainsworth/Finlayson)

 

That submissions for Items 12.2 and 12.3 in the Confidential Business Paper be noted.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 8.48 pm. 

 

Confirmed and signed by the Mayor on 27 March 2014.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)