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 Elaine South

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Lorraine Hemsworth (Minute Secretary)

 

 

APOLOGIES

 

Cr Anne Smyth

 

 

PRAYER

 

Rev Jilleen Chambers, Anglican Parish of Macksville, offered a prayer on behalf of the Nambucca Minister's Association.

 

DISCLOSURE OF INTEREST

 

Councillor Paula Flack declared a non-pecuniary - significant conflict of interest in Item 5.3 Future of Macksville Hospital under the Local Government Act as she is employed at Macksville Hospital.  Cr Flack left the meeting for this item.

 

Councillor Elaine South declared a non-pecuniary – less significant conflict of interest in Item 9.2 Consultation on Crown Lands White Paper under the Local Government Act as a her property adjoins/fronts a TSR, plus paying rental on a “paper road” to the Lands Department.  Cr South remained in the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 29 May 2014

287/14 RESOLVED:        (MacDonald/Ballangarry)

 

That the minutes of the Ordinary Council Meeting of 29 May 2014 be confirmed.

 

 

NOTICE OF MOTION - CR Hoban

 

ITEM 5.1      SF1933              120614      Notice of Motion - Request For Suggestions to Offset Loss of Financial Assistant Grants Funding (SF851)

288/14  RESOLVED:       (Hoban/Ainsworth)

 

That, in order to offset the impacts of the loss of Financial Assistance Grants (FAGs) indexation, all Managers be asked to identify and report on opportunities to make savings or increase revenue in their own area of operations which preferably maintain the service levels anticipated in Council’s Community Strategic Plan: or alternatively and less preferred, propose a reduction in service levels on matters considered secondary to our mission statement.

 

 

NOTICE OF MOTION - CR Hoban

 

ITEM 5.2      SF1933              120614      Notice Of Motion - Change To XPT Train Timetable (SF92)

289/14 RESOLVED:        (Hoban/Flack)

 

That based on the advice given by the Regional Manager of NSW Trainlink to the public meeting of 26 May 2014, Council again write to Transport NSW and the Hon Andrew Stoner MP requesting the reinstatement of the Nambucca Heads stop of the 2.41 pm Sydney to Brisbane XPT train.

 

 

 

Cr Flack left the meeting for this Item at 5.34 pm and returned after the conclusion at 5.54 pm.

 

DELEGATIONS:

 

Resolved:

 

That the following delegation be heard:

 

1        Future Of Macksville Hospital

          i)        Dr Daniel Ryan – In favour

Dr Daniel Ryan addressed the Council meeting stating the following:

·                Referred to community meeting held 25 May 2014 at the Macksville Ex-Services Club

·                Has support of staff at the Hospital

·                Expressed concern about the future of the Hospital

·                Building is 60 years old and maintenance inadequate

·                Unless something done the services offered will deteriorate

·                Believes the Hospital is too old for renovations and requires total rebuild

·                Requires plan and costing – there is no plan at moment

·                Workforce

·                Down to 5 GP VMO’s servicing Hospital and have not been able to recruit a new younger Doctor.

·                Difficult to attract new staff to a worn out building

·                Briefs written with nothing being done about it

·                $80 M committed to Kempsey Hospital

·                $110 M spent on Port Macquarie Hospital,

·                Funds allocate or spent on Bellingen and  Coffs Harbour Hospitals

·                Nothing spent on Macksville Hospital

·                Today 28 inpatients

·                Operating theatres used for Day Surgery and kept busy

·                Nearly all Eye Surgery for district is done in Macksville

·                Good Antenatal Clinic and Maternity Ward still functional

·                Shorter stays in Hospital and support at home so no need for a larger hospital

·                The worry is the end could be a standalone Emergency Department with no inpatients

·                Strongly support Council in inviting the Minister for Health, The Hon Jillian Skinner MP to address Council

 

 

NOTICE OF MOTION - CR Hoban

 

ITEM 5.3      SF988                120614      Notice Of Motion - Future Of Macksville Hospital (SF988)

290/14 RESOLVED:        (Hoban/Ainsworth)

 

1        That Council write to the NSW Minister for Health the Hon Jillian Skinner MP and Mr Stewart Dowrick Chief Executive of Mid North Coast Local Health District emphasizing the urgent need for the planning and funding of a replacement of Macksville Hospital; and the urgent need for support for, and the recruitment of, doctors and nurses.

 

2        That in consultation with the CEO of Macksville Hospital Council extends an invitation to the NSW Minister for Health to inspect Macksville Hospital and hear the concerns held for its future.

 

 

 

SF988          120614         Future Of Macksville Hospital Site

291/14 Resolved:        (Ainsworth/Morrison)

 

That Council look for possible sites for a new Macksville Hospital which are in flood free areas.

 

 

 

DELEGATIONS continued:

 

Resolved

 

That the following delegations be heard:

 

2        9.3 Proposed Link Road Extension of Marshall Way - Nambucca Gardens Estate

          i)        Mr Mal Boden - Objector

          ii)       Kevin Ballangarry – Objector

          iii)      Geoff Smythe (Consultant) – On behalf of Applicant

 

i)        Mr Boden addressed Council stating the following points:

 

·                Concerns covered on page 49 of the Business Paper

·                Increased traffic danger to elderly residents

·                Increased traffic danger to children at the Child Care Centre

 

ii)      Mr Kevin Ballangarry addressed Council stating the following points:

 

·                Concerns with cultural significant awareness of area and lack of community knowledge

·                Men’s cultural importance and no women to go there

·                Valley has lots of significant artefacts

·                Concerns about ignorance of Aboriginal history and culture

·                Need to educate residents in the Valley

·                Learn to work together

·                Significant Trees have previously been burnt

 

iii)     Geoff Smythe – Consultant – On behalf of applicant

 

·                Application opportunity to have link road constructed for local access and bush fire control

·                Planned for quite sometime

·                Development to the north will occur

·                Major economic growth for the area

·                Undertook all assessments for requirements

·                Aware of Aboriginal concerns

·                Determined to try to protect Diamond Tree and work with Aboriginal people

·                The Link Road is going to be just a link road

 

 


 

ITEM 9.3      DA2013/183        120614      Proposed Link Road Extension of Marshall Way - Nambucca Gardens Estate

Motion:      (Finlayson/Ainsworth)     

 

That Council approve Development Application DA2013/183 subject to the conditions of consent attached to the report.

 

Amendment:       (Flack/Ballangarry)

 

That the matter be deferred until after Council approaches the Rural Fire Service regarding possible alternatives to the provision of the Link Road.

 

For the Amendment:            Councillors Flack, Ballangarry                                                (Total 2)

Against the Amendment:      Councillors Morrison, Finlayson, Ainsworth, McDonald, South

                                           and Hoban                                                                            (Total 6)

 

The amendment was LOST.

 

292/14 Resolved:        (South/MacDonald)

 

That Council allow Mr Kevin Ballangarry be heard as a delegation.

 

Mr Ballangarry spoke making the following points:

 

·                Aboriginal tourism could go a long way

·                Tourism will bring money to the area

·                Supports the comments of Cr Ballangarry

 

293/14 Resolved:        (Finlayson/Ainsworth)

 

That Council approve Development Application DA2013/183 subject to the conditions of consent attached to the report.

 

For the motion:  Councillors Morrison, Finlayson, Ainsworth, McDonald, South and Hoban  (Total 6)    

Against the motion:  Councillors Flack, Ballangarry                                                            (Total 2)

 

 

 

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                120614      Outstanding Actions and Reports

294/14 RESOLVED:        (Ainsworth/Ballangarry)

 

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

 

295/14 Resolved:        (Morrison/MacDonald)

 

That in relation to Item 19 (Leckie) that Council attempt one more time to invite Crown Lands to address Council and if a response is not received by mid July and that this matter be brought to Council at the last meeting in July 2014.

 

 

 

ITEM 9.2      SF669                120614      Consultation on the Crown Lands Legislation White Paper

MOTION:      (Finlayson/Ainsworth)

 

1        That Council make a submission to the Crown Lands Legislation White Paper suggesting an alternative model to that proposed being a collaborative endeavour by stakeholders to identify that land which has economic value and then to realise that value.

 

2        That the land designated as iconic and to be classified as State Land include any land that has been assessed as having significant, cultural, environmental or heritage value to the public of NSW.

 

Amendment:       (Flack/Ballangarry)

 

That a thorough assessment of environmental, cultural, social and economical values of the Crown Land estate, including a comprehensive stakeholder process be made before any management decisions are made.

 

The Amendment was Lost.

 

296/14 Resolved:        (Finlayson/Ainsworth)

 

1        That Council make a submission to the Crown Lands Legislation White Paper suggesting an alternative model to that proposed being a collaborative endeavour by stakeholders to identify that land which has economic value and then to realise that value.

 

2        That the land designated as iconic and to be classified as State Land include any land that has been assessed as having significant, cultural, environmental or heritage value to the public of NSW.

 

 

Item 9.3 was dealt with under Delegations.

 

 

 

ITEM 9.4      SF25                  120614      Donation to St Patrick's Primary School Biennial Fete

297/14 RESOLVED:        (Finlayson/MacDonald)

 

That Council make a donation of $100 to the St Patrick’s Primary School Biennial Fete.

 

 


 


ITEM 9.5      SF770                120614      IPART - Draft Report on Local Government Compliance and Enforcement

298/14 RESOLVED:        (Ainsworth/Finlayson)

 

That Council make a submission to IPART advising that it supports its recommendations to remove “red tape” from Local Government compliance and enforcement but queries whether in relation to the planning system there should be a higher priority directed to moving more domestic scale construction into the categories of exempt and complying development.

 

 

The meeting adjourned at 7.45 pm.

The meeting resumed at 8.25 pm.

 

 

ITEM 9.6      SF839                120614      Annual Reporting of Contracts for Senior Staff

299/14 RESOLVED:        (Ainsworth/MacDonald)

 

That the information concerning the provisions of the employment contracts for the General Manager, Assistant General Manager Engineering Services and Assistant General Manager Corporate Services be received.

 

 

 

ITEM 9.7      SF1232              120614      Pelican Park - Review of On Site Sewerage Management System

300/14 RESOLVED:        (Morrison/South)

 

That Item 9.7 be deferred.

 

 

 

ITEM 9.8      SF1947              120614      Outstanding DA's greater than 12 months, applications where submissions received not determined from 21-31 May 2014

301/14 RESOLVED:        (Flack/MacDonald)

 

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

 

 

 

ITEM 9.9      SF1148              120614      Council Ranger's Report May 2014

302/14 RESOLVED:        (Ainsworth/Morrison)

 

That the report for May 2014 be received and noted by Council.

 

 

 

ITEM 9.10    SF770                120614      Independent Pricing and Regulatory Tribunal (IPART) - Draft Report on Reforming Licensing in NSW

303/14 RESOLVED:        (Flack/MacDonald)

 

That the information concerning the Independent Pricing and Regulatory Tribunal (IPART) draft report on reforming licensing in NSW be received.

 

 


 

ITEM 9.11    DA2012/011        120614      Report to JRPP - Bellwood subdivision - DA 2012/011

304/14 RESOLVED:        (Finlayson/Ainsworth)

 

That Council note the attached report to be submitted to the Joint Regional Planning Panel for determination, subject to approval of the Link Road extension.

 

For the motion:  Councillors Morrison, Finlayson, Ainsworth, McDonald, South and Hoban          (Total 6)

Against the motion:  Councillors Flack, Ballangarry                                                                    (Total 2)

 

 

ITEM 9.12    SF1947              120614      Construction and Complying Development Certificates Approved May 2014

305/14 RESOLVED:        (Finlayson/MacDonald)

 

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

 

 

 

ITEM 9.13    SF1947              120614      2014 May - Development and Complying Development Applications Received

306/14 RESOLVED:        (Ainsworth/Flack)

 

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

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF1875              120614      Investment Report To 31 May 2014

307/14 RESOLVED:        (South/MacDonald)

 

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

 

 

 

ITEM 10.2    SF251                120614      Schedule of Council Public Meetings

308/14 RESOLVED:        (Flack/Ballangarry)

 

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

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF617                120614      Request for Council to upgrade the end of Maras Creek Road to accommodate bus and truck movement

309/14 RESOLVED:        (Flack/Ballangarry)

 

1        That Neville and Maureen Ward be advised that Council will negotiate with the bus company regarding suitable turnaround locations and that Council cannot level or extend the bitumen area on the dairy driveway as this would be perceived as providing benefit to a private business.

 

2        Write to the bus company requesting information on bus routes, future demand, and issues with buses turning around within the road reserve.

 

3        Incorporate bus route strategies within future Road Asset Management Plans.

 

 

 

ITEM 11.2    SF98                  120614      Naming the Old Pacific Highway

310/14 RESOLVED:        (Flack/MacDonald)

 

That Council contact and advise all property owners that have Pacific Highway property frontage:

 

1        They will be required to change their property address due to the Pacific Highway realignment when transfer of ownership of the existing highway has been completed;

 

2        Council intends to adopt the road name ‘Nambucca Valley Way’ for the existing Pacific Highway alignment that will be by-passed and that alternative names will be considered within the advertising period and prior to final adoption;

 

3        The Datum Point or the point rural addressing commences will be the intersection of Browns Crossing Road with numbering proceeding in a northerly direction;

 

4        Road numbers will be allocated when transfer of ownership of the existing highway has been completed.

 

     

 

General Manager Report

For Confidential Business Paper in Closed Meeting

 

ITEM 12.1    DA2013/183        120614      Submissions - DA2013/183 - Proposed Link Road Extension of Marshall Way - Nambucca Gardens Estate

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) (e) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, prejudice the maintenance of law.

 

 

For Confidential Business Paper in Closed Meeting

 

ITEM 12.2    DA2012/011        120614      Submissions - DA2012/011 - Proposed 346 Lot Residential Subdivision - Alexandra Drive, Bellwood

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) (e) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, prejudice the maintenance of law.

 

 

Items 12.1 and 12.2 – Submissions in Confidential Agenda

 

311/14 Resolved:        (Ainsworth/Finlayson)

 

That Items 12.1 and 12.2 in the Confidential Agenda be noted.

 

 


 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

312/14 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 above.

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.3    SF1669              120614      Bowraville Off River Water Storage - Claim for Foundation Preparation

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.

 

 

8.34 pm – Cr McDonald left the meeting for Items 12.3 and returned to the Meeting after its conclusion at 8.38 pm.

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 8.34 pm.

 

RESUME IN OPEN MEETING

 

RECOMMENDATION:

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 8.38 pm.

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

 

For Confidential Business Paper in Closed Meeting

ITEM 12.3    SF1669              120614      Bowraville Off River Water Storage - Claim for Foundation Preparation

313/14 Resolved:        (Finlayson/Ainsworth)

 

That the report on Item 12.3 be deferred until the next meeting.

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 8.40 pm.

 

Confirmed and signed by the Mayor on 26 June 2014.

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)