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

 

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

 

 

DISCLOSURE OF INTEREST

 

Councillor R Hoban declared a non-pecuniary less significant conflict of interest in Item 9.3 Development Application DA2013/170 under the Local Government Act as there is a social relationship between the land owners and a family member as a result of both being long term residents of Valla.  Cr Hoban personally has no such relationship with either the landowners or the applicants.

 

Councillor JA Ainsworth declared a non-pecuniary less significant conflict of interest in Item 9.3 Development Application DA2013/170  under the Local Government Act as one applicant is a remote relative, Cr Ainsworth has no business association with that person and he has no more social contact with that person than with other residents of the Shire.

 

Councillor K MacDonald declared a non-pecuniary less significant conflict of interest in Item 9.3 Development Application DA2013/170  under the Local Government Act as Cr MacDonald has known the Fortescue family since childhood.

 

Councillor JA Ainsworth declared a pecuniary in Item 9.4 Development Application DA2014/103  under the Local Government Act as Cr Ainsworth’s brother in law owns adjoining land.  Cr Ainsworth left the meeting for this item.

 

Councillor K MacDonald declared a pecuniary interest in Item 12.3 Macksville Industrial Estate – Channel Remediation Works July 2014 under the Local Government Act as Cr MacDonald’s employer has just bought the corner block opposite the remediation area in contention.  Cr MacDonald left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 17 July 2014

 

367/14 RESOLVED:        (Flack/South)

 

That the minutes of the Ordinary Council Meeting of 17 July 2014 be confirmed.

 

 

 

DELEGATIONS

 

Resolved:          (Flack/MacDonald)

 

That the following delegations be heard:

 

9.2     Transfer of Encroachment Licence from Shibba to Dennien

i)

Ms Vicki Gee—resident

ii)

Ms Louise Robinson—Nambucca Heads Local Aboriginal Land Council

iii)

Ms Chels Marshall—Nambucca Heads Local Aboriginal Land Council

iv)

Mr Barry Dennien—owner of Caravan Park

9.3     Development Application DA2013/170

i)

Ms Susan Jenvey—objector

ii)

Mr Ian Love—objector

iii)

Mr Laurie Trembath—supporting the applicant

iv)

Mr Denis Atkinson—for the applicant

 

Ms Gee addressed Council making the following points:

·    Her home encroachment needs to be rectified

·    12.5 years in all to legalise her home

·    Aboriginal land council involved with Native Title Claim with that process taking approximately 10 years

·    Wants to sell her home

·    Had a secure buyer but sale fell through

·    Access to her home is limited due to current boundary

·    Cannot, sell, cannot move on, is being harassed

·    Asks Council to object to licence to occupy and wants it to follow through

·    Council reneged on an order to remove encroachment – council did not enforce this order, previous park owner placed a dummy DA

 

Ms Robinson and Ms Marshall representing the Nambucca Heads Local Aboriginal Land Council addressed Council onsite.

 

Mr Dennien addressed Council making the following points:

·    Owner of Caravan Park

·    Was aware that the encroachment was an outstanding issue

·    12 properties impacted by encroachment including Ms Gee

·    Building that is owned by Ms Gee is legalised if he can purchase the land If unsuccessful in purchasing the encroached piece of land Ms Gee is protected and at no expense her home will be relocated within the caravan park

·    The affected residents (mostly elderly) will need to go through process of relocating themselves, there is no room in the park for them to move to so they will have to move elsewhere

·    Department of Lands willing to sell land but subject to Land Claim

·    Would be pleased for Council to speed up the process

 

ITEM 9.2      SF1480              310714      Transfer of encroachment licence from Shibba to Dennien

368/14 RESOLVED:        (Flack/Ballangarry)

 

That item 9.2 be deferred to 28 August 2014 pending receipt of information from Ms Gee in regard to the legal document relating to Ms Gees dwelling and the encroachment.  Further that the report is to clarify whether or not a Council order exists for the relocation of Ms Gee’s dwelling.  Further, the report is to provide the conditions of the previous licence, in particular in relation to the removal of encroachments within the three year life of the licence and that the report also provide the proposed conditions of the five year licence.

 

 

 

DELEGATIONS continued

 

Ms Susan Jenvey addressed Council making the following points:

·    Large community response with 55 objections

·    Operating commercial business on rural land is not permitted

·    Truck depot requires operators

·    Where is separate application to operate a truck depot?

·    Cannot run this business from this farm

·    Council has right to disallow the truck depot

·    Objections not given even weight

·    Not an outright permitted use - prohibited under Item 4

·    Property has its dwelling entitlement

·    Will destroy keeping this farmland in the future

·    Why would Council vote to destroy this farmland/where are the justifications

·    Structural plan looks at future growth for the area – this development detracts from tourism

·    Has Council taken into account the hydrological report from RMS?

·    In full view of 4 properties and Valla Road

·    Development is out of character with rural residential nature of the area

 

Mr Ian Love addressed Council making the following points:

·    Speaking for Mr and Mrs Ian Pade who own the property opposite the property in question

·    Encourage sustainable primary industry

·    Property currently grazing cattle

·    Encourage diversity in primary enterprises, this proposal is not diversity

·    This is a fragmentation – fragment prime land and may cause problems with industrial estates

·    Object to conflict between land usage

·    Clients live in a residential village

·    Unclear about stock piling, truck movements

·    Not clear whether mature or immature screening will be used however his clients live up hill so screening is of no use

·    Site is a very pretty part of Nambucca Valley

·    Submits it is an industrial use with no planning benefit to the Valley

·    Residential Village – rating category

 

Mr Laurie Trembath addressed Council making the following points:

·    Lived next door to the company for several years and has never been disturbed by coming and going of traffic

·    No objections to this use of RU1 land

·    Truck movements will lessen with new Highway

·    Foreign weeds/seeds are not brought into the area by trucks.

 

Mr Denis Atkinson addressed Council making the following points:

·    Dispute point that it is not a permissible use – they are permissible under the LEP 2010

·    Council could have included truck business as prohibited us in LEP

·    Development had no adverse impact on environment

·    Old family that have lived in area for long time and they do not wish to cause disruption to this area

·    Trucks with low loaders

·    Size of actual truck depot in comparison to the property.  It is not a large area.

 

ITEM 9.3      DA2013/170        310714      Development Application DA2013/170

369/14 RESOLVED:        (Flack/Ballangarry)

 

That the item be deferred to allow a site inspection on 14 August 2014 at 3.30 pm.

 

 

 

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                310714      Outstanding Actions and Reports

370/14 RESOLVED:        (Ballangarry/MacDonald)

 

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 was dealt with under Delegations.

 

 

 

Cr Ainsworth left the meeting for this Item at 6.30 pm and returned after the conclusion of the Item at 6.33 pm

 

ITEM 9.4      DA2014/103        310714      Development Application DA2014/103

371/14 RESOLVED:        (South/Ballangarry)

 

That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2014/103 for the continued use of an existing reception and cattery at Lot 3 DP 1015406, subject to the schedule of conditions outlined in attachment 2 of this report.

 

For the Motion:      Councillors Hoban, South, MacDonald, Finlayson, Smyth, Flack, Ballangarry and Morrison                             (Total 9)

Against the Motion:         Nil

 

 

 

ITEM 9.5      SF1947              310714      Outstanding DA's greater than 12 months, applications where submissions received not determined from 10 July - 22 July 2014

372/14 RESOLVED:        (Flack/Ballangarry)

 

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

 

 

 

ITEM 9.6      SF791                310714      Minutes of Land Development Committee Meeting held on 17 July 2014

373/14 RESOLVED:        (Morrison/Finlayson)

 

That the following recommendations (1,3,4 and 5) of the Land Development Committee be adopted:

 

1        Item 5.4 - Proposed Reclassification and Rezoning of the Kingsworth Lake Reserve

          That the matter be deferred to allow for an on-site inspection.

 

          That the representatives of Crown Lands be formally thanked for their attendance at Council.

 

3        Item 5.3 - Proposed Land Swap – Part of Lot 40 DP 711098 and Part of Lot 63 DP 1058432, Old Coast Road, Kingsworth Estate

That, in regard to the proposed Land Swap - Part of Lot 40 DP 711098 and Part of Lot 63 DP 1058432, Old Coast Road, Kingsworth Estate, Council confirm its agreement to the land exchange between part Lot 40 DP 711098 and part Lot 63 DP 1058432 at nil consideration subject to the owner of Lot 63 DP 1058432 meeting all legal, survey and transfer costs, including any stamp duty which may be payable; and further that Council’s seal be attached to documents relating to the land exchange as required.

 

4        Item 5.1 - Industrial and Residential Land

i)        That the information in the report concerning Council owned land – available, developable land stocks, including unsold blocks be received.

 

          ii)       Council’s seal be attached to any documents relating to the sale of Lot 2 DP 1197777 being Council’s industrial land parcel in Yarrawonga Street, Macksville.

 

          iii)      Council’s seal be attached to any documents relating to the leasing and sale of           proposed Lot 11 DP 1197778 being Council’s industrial land parcel in Railway Road, Nambucca Heads.

 

          iv)      Council support the preparation of a tender for the development of the 13 lot     residential subdivision in Hyland Park with the lots to be sold “off the plan” prior         to starting the subdivision civil works.

 

          v)       Council obtain two valuation assessments from Nambucca Heads Real Estate Agents for the potential sale of the Hyland Park property as is.

 

5        Item 5.2 – Proposed Reclassification and Sale of Part of Lot 8 DP 821952, Valla Beach Road, Valla Beach

          That, in relation to the proposed reclassification and sale of Part of Lot 8 DP 821952, Valla Beach Road, Valla Beach, the item be deferred to a future Council meeting and that there be clarification on whether a reclassification can occur without a plan of management and that the information in the report which comes back to Council include all information which Council holds on the land including on threatened species, vegetation etc.

 

374/14 Resolved:        (Morrison/Ainsworth)

 

That item 2 be deferred until a further report from Crown Lands is received following their discussion with the Leckies and whether they (Crown Lands) have changed their opinion.

 

 

 

ITEM 9.7      PRF72                310714      Proposed Reclassification and Rezoning of the Kingsworth Lake Reserve

Motion:      (Ainsworth/Finlayson)

 

That Council:

 

1        Publicly notify its intention to reclassify Lot 40 DP 711098 (the Kingsworth Lake Reserve excluding the proposed land swap) from community to operational land and secure the services of a staff member from an adjoining Council to undertake the necessary public hearing.

 

2        In conjunction with the reclassification in 1, support the preparation of a planning proposal to rezone Lot 40 DP 711098 (excluding the existing R5 zoned land) from RE1 Public Recreation to E3 Environmental Management with a 40 hectare minimum area requirement for subdivision.

 

3        Resolve that the proceeds of any sale of the residue of Lot 40 DP 711098 (after the land swap) be applied to the maintenance and reconstruction of Florence Wilmont Drive.

 

Amendment:       (Flack/Smyth)

 

That this item be deferred for three months so the matter can be reconsidered and those Councillors who did not attend the onsite visit have the opportunity to do so.

 

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

 

375/14 Resolved:        (Flack/Smyth)

 

That this item be deferred for three months so the matter can be reconsidered and those Councillors who did not attend the onsite visit have the opportunity to do so.

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF251                310714      Schedule of Council Public Meetings

376/14 RESOLVED:        (South/Ballangarry)

 

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

 

 

 

ITEM 10.2    SF341                310714      Valla Beach Community Association Committee of Management - Minutes of Annual General Meeting - 21 July 2014

377/14 RESOLVED:        (Ainsworth/MacDonald)

 

That Council endorse the Minutes of the Committee of Management for the Valla Beach Community Association’s Annual General Meeting held on 21 July 2014 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF1031              310714      New Draft Policy - Local Approvals Policy

378/14 RESOLVED:        (Smyth/MacDonald)

 

1        That Council place the draft policy Local Approvals Policy” on public exhibition for a period of 28 days for public comment with a view to adopting the policy once any comment has been considered and once Part 1 has been approved by the Director-General.

 

2        That Council forward the draft policy “Local Approvals Policy” to the Macksville & District Chamber of Commerce & Industry; the Nambucca Heads Chamber of Commerce & Industry; Bowraville & District Chamber of Commerce & Industry and the Nambucca Valley Tourism Association Incorporated for their comment.

 

 

 

ITEM 11.2    SF1676              310714      Capital Works Report - June 2014

379/14 RESOLVED:        (MacDonald/Ballangarry)

 

1        That the Capital Works Report for the fourth quarter and final period of the 2013/14 financial year ending 30 June 2014 be received and noted.

 

2        That the proposed variations be endorsed and included in the June 2014 budget review and carried forward as a revote into the 2014/15 financial year.

 

3        Council note the disposal of Council owned surplus materials for the period ending 30 June         2014.

 

 

 

ITEM 11.3    SF851                310714      Australian Rural Road Group - AGM Minutes - 12 June 2014

380/14 RESOLVED:        (MacDonald/Smyth)

 

That Council receive and note the minutes of the Australian Rural Road Group AGM meeting held on 12 June 2014.

 

 

 

ITEM 11.4    SF878                310714      Mid North Weight of Loads Group - Minutes of the Meeting 10 March 2014

381/14 RESOLVED:        (Ballangarry/Smyth)

 

That Council receive and note the minutes of the Mid North Weight of Loads Group meeting held on 10 March 2014.

 

 

 

ITEM 11.5    SF1669              310714      Nambucca District Water Supply Off River Storage Project - Public Works variation claim for Project Management engagement

382/14 RESOLVED:        (Ainsworth/MacDonald)

 

That Council accept the fee variation proposal submitted by Public Works for the amount $250,000.00 (two hundred and fifty thousand and dollars) excluding GST, being fees additional to those previously approved.

 

 

 

ITEM 11.6    SF201                310714      Water Quality Monitoring Associated with Mining Activity

383/14 Resolved         (Flack/Ballangarry)

 

That Council continue to carry out the testing of river water in the North and South Arms specifically related to base line monitoring for mining activity.

 

 

 

ITEM 11.7    SF1031              310714      Draft Policies - Bridges Service Levels and Asset Management

384/14 RESOLVED:        (Finlayson/Smyth)

 

That Council place the Draft “Bridges Service Level” Policy and the revised “Asset Management Policy” on public exhibition for a period of 28 days for public comment with a further report to be provided to Council to formally adopt the “Bridges Service Level” Policy and the “Asset Management” Policy once any comment has been received and considered from the public exhibition period.

 

 

 

ITEM 11.8    SF931                310714      T041415MNC -  Tender for the Supply & Delivery of General Hardware products

385/14 RESOLVED:        (Ainsworth/Finlayson)

 

That Council:

 

1    Award contracts for the supply and delivery of general hardware products in accordance with the recommendations of the Tender Evaluation Committee for Tender T041415MNC called by Regional Procurement on behalf of Council as follows:

·      J. Blackwood & Son Ltd

·      HJD Industries Pty Ltd T/as Jaybro Civil & Safety Products

for the period 1 July 2014 to 30 June 2016, and

 

2    That a provision be allowed for a 12 month extension based on satisfactory supplier performance which may take this contract through to 30 June 2017.

 

 

 

ITEM 11.9    SF931                310714      T071415MNC – Supply & Delivery of Traffic Signage

386/14 RESOLVED:        (MacDonald/Ainsworth)

 

That Council:

 

1        Appoint Barrier Signs Pty Ltd as the Single source supplier of Standard Steel and Aluminium Traffic & Safety Signage and Associated Products to Council in accordance with  T071415MNC for the period 1 July 2014 to 30 June 2016.

 

2        Appoint Denorth Pty Ltd as the Single source supplier of Sign-Flex Polycarbonate Signage to Council in accordance with T071415MNC for the period 1 July 2014 to 30 June 2016.

 

3        Agree to a provision being allowed for a 12 month extension to Barrier Signs Pty Ltd and Denorth Pty Ltd based on satisfactory supplier performance which may take T071415MNC contract through to 30 June 2017.

 

     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

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 below.

 

Reason reports are in Closed Meeting:

 

 

 

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF1669              310714      Nambucca District Water Supply Off River Storage Project - Public Works variation claim for Project Management engagement

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.

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF1931              310714      Development Application DA2013/170 - Submissions

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) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.3    SF1931              310714      Macksville Industrial Estate - Channel Remediation Works July 2014

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) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.4    SF791                310714      Valuation for Proposed Lot 1 in subdivision of Lot 31 DP 248561, Yarrawonga Street, Macksville

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 7.51pm.

 

 

 

RESUME IN OPEN MEETING

 

Resolved:          (Ainsworth/South)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 7.55 pm.

 

 

 

FROM COUNCIL IN CLOSED MEETING

 

Assistant General Manager Engineering Services Report

 

ITEM 12.1    SF1669              310714      Nambucca District Water Supply Off River Storage Project - Public Works Variation Claim for Project Management Engagement

387/14 RESOLVED:        (Ainsworth/South)

 

That Council receive and note the information provided in the confidential report.

 

 

 

ITEM 12.2    SF1931              310714      Development Application DA2013/170 - Submissions

388/14 RESOLVED:        (Flack/Ballangarry)

 

That Council note the submissions in the confidential report.

 

 

 

Cr MacDonald left the meeting for this Item at 7.54 pm and returned after the conclusion of the item at 7.55 pm.

 

ITEM 12.3    SF1931              310714      Macksville Industrial Estate - Channel Remediation Works July 2014

389/14
RESOLVED:        (Flack/Ballangarry)

 

That Council:

 

a     write to the liquidators appointed to Mack Industrial and make enquiries as to whether Mack Industrial holds any insurance and the type of insurance held.

b     following advice from the liquidators, a further report be provided to Council to determine whether Council wishes to make a claim against the insurer.

c     write to ARTC seeking formal response from them as to whether they have accepted the remediation works undertaken Eureka 2 Project 6 to the embankment.

d     write to TELSTRA advising them of the potential damage to the coaxial cable in the event that the embankment collapses.

 

 

 

ITEM 12.4    SF791                310714      Valuation for Proposed Lot 1 in subdivision of Lot 31 DP 248561, Yarrawonga Street, Macksville

390/14 RESOLVED:        (Ainsworth/South)

 

That Council list for sale proposed lot 1 in the subdivision of Lot 31 DP 248561 for the price recommended in the report and provide the Mayor, General Manager and Manager Business Development with delegated authority to accept an offer provided all three (3) are in agreement.

 

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.56 pm. 

 

Confirmed and signed by the Mayor on 14 August 2014.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)