PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Paula Flack

Cr Brian Finlayson

Cr Bob Morrison

Cr Kim MacDonald

Cr Elaine South

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

APOLOGIES

 

Cr Anne Smyth

 

 

PRAYER

 

Pastor Darryl Spriggs from the Presbyterian Church offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor K MacDonald declared a pecuniary interest in Item 9.3 Proposed Reclassification and Rezoning of the Kingsworth Lake Reserve under the Local Government Act as Cr MacDonald’s brother-in-law and sister have purchased an adjoining property and their access could be affected by Council’s decision.  Cr MacDonald left the meeting for this item.

 

Councillor R Hoban declared a non-pecuniary significant conflict of interest in Item 9.16 Quarry Solutions Pty Ltd v Nambucca Shire Council under the Local Government Act as Cr Hoban was involved in negotiating conditions of consent on this development application.  Cr Hoban left the meeting for this item.

 

Councillor JA Ainsworth declared a non-pecuniary less significant conflict of interest in Item 9.16 Quarry Solutions Pty Ltd v Nambucca Shire Council under the Local Government Act as the son-in-law of a distant relative carts material from the Quarry when required.

 

Councillor B Morrison declared a non-pecuniary less significant conflict of interest in Item 11.3 Request for Donation of Seat Shelters for the Unofficial Rest Area on Link Road Nambucca Heads by the Lions Club of Nambucca Heads under the Local Government Act as Cr Morrison is a member of the Lions Club of Nambucca Heads, however, he does not hold an Executive Position in the Club and is not involved in any decision making committees.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 25 September 2014

 

480/14 RESOLVED:        (MacDonald/Flack)

 

That the minutes of the Ordinary Council Meeting of 25 September 2014 be confirmed.

 

 

 

NOTICE OF MOTION - CR Hoban

 

ITEM 5.1      SF1933              161014      Notice of Motion - Request for Leave 7 to 31 October 2014 (SF1228)

481/14 RESOLVED:        (Hoban/Flack)

 

That Cr Anne Smyth be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 7 to 31 October inclusive.

 

  

 

DELEGATIONS

 

Resolved:          (Flack/MacDonald)

 

That the following delegations be heard:

 

ITEM 9.2      Nambucca Heads Skate Park:

          i)       Mr Dan Moriaty – representing the Nambucca Valley Skaters Association

i         i)       Mr Chris Hewgill – representing the Nambucca Valley Youth Centre

 

ITEM 9.4      Transfer of Encroachment Licence from Shibba to Dennien - 26 Swimming Creek Rd:

          i)       Ms Cheryl Stevens – resident of Caravan Park

          ii)      Ms Vicki Gee – resident of Caravan Park (to be heard in Closed Meeting)

 

Mr Dan Moriaty addressed Council making the following points:

·    Initiated action in the Anti-Discrimination Board

·    Skating is not a crime

·    Constant surveillance and barbed wire fence is done to criminals not to kids – Council made an error and will have to take the two residents on

·    Has 3 lawyers and one law firm to take the case for him

·    Encourages Council to negotiate with the two objectors

 

Mr Chris Hewgill addressed Council making the following points:

·    Runs Youth Centre and works for Wesley Mission

·    Getting skate park up was a 27 year saga

·    Has been trying to explain the legal action

·    Kids only see that they are locked in a “cage”

·    Question is if the two objectors do actually want to negotiate

·    Kids feel strongly about the fence and the disruption to their lives – they say it is not a good place for them (the kids)

·    Big events cannot be conducted at that skate park

·    May have to start from scratch ie look for alternative site

·    Need to emphasise in the media that this is a development applicaiton issue not the fault of the kids

·    It is the only skate park in Australia that is caged

 

 

ITEM 9.2      PRF71                161014      Nambucca Heads Skate Park

482/14 RESOLVED:        (Flack/Ainsworth)

 

1        That Council attempt to arrange a meeting with representatives of the Skaters and the residents who undertook the legal action against Council to explore opportunities for an agreement which, whilst protecting the interests of all parties, would be in the public interest.

          Councillors Flack, Morrison, MacDonald and Ainsworth volunteered to participate in the meeting.

 

2        In the event that the Skaters and residents agree to meet, that the Mayor and one other Councillor plus the General Manager participate in the meeting.

 

3        That Council note the Deed of Settlement and Deed of Release as attachments to the report in closed.

 

 

 

DELEGATIONS continued

 

Ms Cheryl Stevens addressed Council in Open Meeting making the following points:

·    Is also a resident who lives on an encroaching dwelling

·    All residents like where they live and do not want to leave

·    Has security, friends, gardens, some residents have renovated

·    Supports manager in obtaining a licence for the encroachments

·    Under a lot of pressure and it is unfair that one person is putting them under this pressure

·    Where will they be in five years?

·    Wish to live their lives in peace and harmony

 

483/14 Resolved:        (Ainsworth/Morrison)

 

1        That Council move into Closed Meeting to hear Ms Gee’s delegation – the time being 6.25 pm.

 

2        That Council consider any written representations from the public as to why the Meeting should not be Closed to the public.

 

The reason for going into Closed Meeting is listed below:

 

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 information would, if disclosed, prejudice the maintenance of the law..

 

 

Ms Gee addressed Council in Closed Meeting to a prepared statement.

 

484/14 Resolved:        (Flack/South)

 

That Ms Gee be provided with additional time for her presentation to Council.

 

485/14 Resolved:        (Flack/Ainsworth)

 

That Council resume in Open Meeting the time being 7.22 pm.

 

ITEM 9.4      SF1480              161014      Transfer of Encroachment Licence from Shibba to Dennien - 26 Swimming Creek Rd, Nambucca Heads

486/14 RESOLVED:        (Ainsworth/Flack)

 

That a new license agreement for encroachments, excluding Ms Gee’s dwelling, be entered into with the new owner of the Swimming Creek Caravan Park, the Dennien Group, at an initial rental of $9,307.84 with annual CPI indexation, and that Council’s seal be attached to the licence documents as required.

 

Council noted that Ms Gee agreed to this arrangement and further, that Ms Gee is to provide a written undertaking within 21 days agreeing to the exclusion of her dwelling from the encroachment licence.  Pending receipt of the written agreement from Ms Gee and the Crown, that Council issue a Notice of Intention to serve an order to remove the dwelling and that a period of three (3) months (from the date of the Order) be provided for this.

 

 

 

Resolved:          (Flack/South)

 

That Item 9.3 be brought forward as there were interested parties in the gallery.

 

 

Cr MacDonald left the meeting for Item 9.3 at 7.31 pm and returned after the conclusion of this Item at 7.45 pm.

 

ITEM 9.3      PRF72                161014      Proposed Reclassification and Rezoning of the Kingsworth Lake Reserve

Motion:      (Flack) the motion lapsed for want of a seconder

 

1        That Council not proceed with a proposed reclassification of the Kingsworth Lake Reserve from community to operational land and not proceed with changing its zoning from RE1 Public Recreation to E3 Environmental Management.

 

2        That another risk assessment of the land be undertaken with the objective of reviewing the plan of management.

 

Motion:      (Finlayson/Ainsworth)

 

That Council proceed with the proposed reclassification of the Kingsworth Lake Reserve from community to operational land.

 

Amendment:       (Flack) the amendment lapsed for want of a seconder.

 

That this matter be deferred pending consideration of the consultant report by Suters Planning on community facilities and open space.

 

487/14 Resolved:        (Finlayson/Ainsworth)

 

That Council proceed with the proposed reclassification of the Kingsworth Lake Reserve from community to operational land.

 

Note: Cr Flack requested that her vote be recorded against the resolution as she believes Council is pre-empting the outcome of the report by Suters Planning on community facilities and open space.

 

 

 

The meeting adjourned at 7.50 pm.

The meeting resumed at 8.25 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                161014      Outstanding Actions and Reports

488/14 RESOLVED:        (Ainsworth/Finlayson)

 

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 earlier in the meeting.

 

 

 

Item 9.4 was dealt with under Delegations.

 

 

 

ITEM 9.5      SF125                161014      Staff Training

489/14 RESOLVED:        (Ainsworth/MacDonald)

 

That Council note the information provided.

 

 

 

ITEM 9.6      DA2014/083        161014      Alterations to Existing Scotts Head Caravan Park - DA 2014/083

490/14 RESOLVED:        (Finlayson/Ainsworth)

 

1        That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2014/083 for alterations to an existing caravan park at Lot 104 DP 622709 - Adin Street, Scotts Head, subject to the schedule of conditions outlined in attachment 2 of this report and including the following additional consents:

 

          Location of Amenities Building-

          The amenities building is to be located so as not to result in the removal of any existing trees.

 

          Tree Removal-

          Any hollow sections of trees to be removed as part of the development must be inspected for native fauna prior to work commencing and animals removed by a suitably qualified wildlife handler, when practical and safe to do so. Any hollow sections of the tree should be removed and lowered to the ground with care. Any native fauna found should be appropriately relocated under supervision of a suitably qualified wildlife handler. Any hollow sections of trees removed shall be replaced by the installation of an artificial tree hollow in another tree on the site to the satisfaction of Council.

 

2        That the development consent be issued following the endorsement of the attached Deed of Agreement.

 

3        That Council’s Seal be attached to the Deed of Agreement as required.

 

For the motion:                Councillors Hoban, Morrison, Flack, Finlayson, Ainsworth, MacDonald and South

                                      (Total 7)

Against the motion:         Nil

 

 


 

ITEM 9.7      SF688                161014      Environmental Levy

491/14 RESOLVED:        (Flack/South)

 

1        That Council note the proposed Environmental Levy management program;

 

2        That Council allocate $25,000 of Environmental Levy funds towards a community fund and call for proposals in conjunction with Councils donation program. $5000 be allocated as a maximum funding amount per application.

 

 

 

ITEM 9.17    SF688                161014      Addendum to Environmental Levy - Report

492/14 RESOLVED:        (Flack/South)

 

1        That Council immediately advertise for comment,  the proposed environmental levy works program for 2015/2016 and invite the public to make submissions on the nominated projects and to put forward suggestions for new projects including projects to be undertaken through the Environmental Levy community fund.

 

2        That Council undertake the advertising process identified in 1. on an annual basis.

 

 

 

ITEM 9.8      SF600                161014      Proposed Reclassification of Part Lot 8 DP 821952, Valla Beach Road from Community to Operational Land

493/14 RESOLVED:        (Ainsworth/Finlayson)

 

1        Council give public notice of its intention to reclassify the land shown as proposed Lots 2 and 3 in trim document no. 18527/2014 as operational land and undertake the required public hearing in accordance with the Local Government Act 1993.

 

2        That Council seek the assistance of an adjoining Council in undertaking the necessary public hearing and report to Council on the reclassification.

 

Amendment:       (Flack) the amendment lapsed for want of a seconder.

 

That matter be deferred until Council has received the report by Suters Planning on community facilities an open space.

 

Note:  Cr Flack requested that her vote be recorded against the resolution as she does not support the reclassification prior to Council receiving the report by Suters Planning and also because of the destruction of an endangered ecological community (EEC).

 

 

 

ITEM 9.9      SF1947              161014      Outstanding DA's greater than 12 months, applications where submissions received not determined from 3 September to 17 September 2014

494/14 RESOLVED:        (MacDonald/Finlayson)

 

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

 

 

 

ITEM 9.10    SF1947              161014      Construction And Complying Development Certificates Approved September 2014

495/14 RESOLVED:        (MacDonald/Ainsworth)

 

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

 

 

 

ITEM 9.11    SF1947              161014      2014 September - Development and Complying Development Applications Received

496/14 RESOLVED:        (Ainsworth/Finlayson)

 

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

 

 

 

ITEM 9.12    SF1920              161014      Minutes of the Access Committee meeting held 23 September 2014

497/14 RESOLVED:        (MacDonald/Ainsworth)

 

1          That Council’s Engineers assess and report on the pedestrian refuge on Marshall Way roundabout so that the flow of pedestrian access is not impeded by the existing garden. 

 

2          That regarding the use of footpaths by shopkeepers, Council note that the Access Committee’s primary view is that the continuous path of travel should be along the shoreline of shop fronts.  Should there not be community support for this, the Committee’s view is that there be consistency with the placement of signs and outdoor dining furniture to ensure the continuous line of travel is unimpeded. 

 

3          That the Committee’s view is that outdoor dining be contained within café-style barricades or similar.

 

4          That the remainder of the minutes of the Nambucca Shire Council Access Committee meeting held 23 September 2014 be endorsed.

 

 

 

ITEM 9.13    PRF54                161014      Gumma (Boulton's Crossing) Reserve

498/14 RESOLVED:        (Finlayson/Hoban)

 

1        That the information concerning the Gumma (Boulton’s Crossing) Reserve and the inspection undertaken on 16 October 2014 be received.

 

2        That Council congratulate the Manager Business Development for the progress made at the Gumma (Boulton’s Crossing ) Reserve.

 

 

 

ITEM 9.14    SF1148              161014      Council Ranger's Report September 2014

499/14 RESOLVED:        (Ainsworth/Morrison)

 

That the Council’s Rangers report for September 2014 be received and noted by Council.

 

 

 

ITEM 9.15    SF1893              161014      Appointment of Assistant General Manager Engineering Services to the Board of IPWEA (Institute of Public Works Engineering Australasia - NSW Division)

500/14 RESOLVED:        (Ainsworth/Finlayson)

 

That the Assistant General Manager Engineering Services be congratulated on his appointment to the IPWEA (NSW) Board.

 

 

 

General Manager Report – LATE

 

Cr Hoban left the meeting for Item 9.16 at 8.50pm and returned after the conclusion of Item 9.16 at 8.51 pm.

The Deputy Mayor, Cr John Ainsworth, took the Chair for the duration of this item.

 

ITEM 9.16    DA2001/096        161014      Quarry Solutions Pty Ltd v Nambucca Shire Council

501/14 RESOLVED:        (South/MacDonald)

 

Council note that Quarry Solutions Pty Ltd have lodged a Class 1 application with the Land and Environment Court seeking approval to a further application to modify the consent of the Valla Quarry.

 

 

Item 9.17 was dealt with in conjunction with Item 9.6.

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF1120              161014      Grant Application Status Report

502/14 RESOLVED:        (MacDonald/Finlayson)

 

That the list of grant applications and their status to 30 September 2014 be received.

 

 

 

ITEM 10.2    SF298                161014      Argents Hill Hall Committee of Management - Minutes of Annual General Meeting - 8 September 2014

503/14 RESOLVED:        (MacDonald/Finlayson)

 

That Council endorse minutes of the Committee of Management for Argents Hill Hall’s Annual General Meeting held on 8 September 2014, and thank the outgoing Committee for their work in the past twelve months.

 

 

 

ITEM 10.3    SF251                161014      Schedule of Council Public Meetings

504/14 RESOLVED:        (Ainsworth/South)

 

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

 

 

 

ITEM 10.4    SF300                161014      EJ Biffin Playing Fields Committee of Management AGM - 29 September 2014 - Minutes

505/14 RESOLVED:        (Ainsworth/MacDonald)

 

That Council endorse the Minutes of the Committee of Management for EJ Biffin Playing Fields Annual General Meeting held on 29 September 2014 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

ITEM 10.5    SF1991              161014      Investment Report To 30 September 2014

506/14 RESOLVED:        (Finlayson/MacDonald)

 

That the Accountants’ Report on Investments placed to 30 September 2014 be noted.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF1031              161014      Review into Weed Management - Natural Resources Commission

507/14 RESOLVED:        (South/MacDonald)

 

1        That Council, as the Local Control Authority (LCA), acknowledge that it remains responsible for the effective management of noxious weed species within lands that it owns or manages and is responsible for ensuring compliance with the Noxious Weed Act by private land owners / occupiers.

 

2        That Council receive and note the Natural Resources Commission (NRC) final report and the impending changes to weed management as a result of the adopted recommendations within the report.

 

 

 

ITEM 11.2    SF604                161014      Noxious Weeds Management Report on Activities 2013 - 2014

508/14 RESOLVED:        (MacDonald/Ainsworth)

 

That Council receive and note the information provided in the Noxious Weed Management for the 2013-14 financial year.

 

 

Note:  Cr Flack left the meeting at 9.00 pm.

 

ITEM 11.3    SF952                161014      Request for Donation of Seat Shelters for the Unoffical Rest Area on Link Road Nambucca Heads by the Lions Club of Nambucca Heads

509/14 RESOLVED:        (Morrison/Ainsworth)

 

1        That Council agree to provide two shelters so that the Lions Club of Nambucca Heads can erect these shelters over the existing seating for all to enjoy at “Duffos Rest” at the Link Road Northern entrance to Nambucca Heads.

 

2        That a management plan for the future improvement of the site be prepared by both the Council and the Lions Club who have agreed to maintain the site after the management plan has been placed on public exhibition.

 

3        That the costs for the shelters are to be allocated against working funds and costs associated with the planting, gardening and solar lighting be funded from the environmental levy.

 

 

ITEM 11.4    SF1031              161014      New Draft Policy - Local Approvals Policy

510/14 RESOLVED:        (Ainsworth/South)

 

That Council forward the Draft Local Approvals Policy to the Secretary, Department of Planning & Environment, for the Secretary’s consent to Part 1 of the Policy as required under Section 162 the Local Government Act 1993.

 

 

Assistant General Manager Engineering Services Report – LATE

 

ITEM 11.5    SF95                  161014      Additional Parking - Wallace Street, Macksville

511/14 RESOLVED:        (Ainsworth/MacDonald)

 

1    That Council concur to a request from Finishing Touches to sign post and extend the 1 hour parking zone on Wallace Street, Macksville by one parking bay outside their premises and  adjacent to the Matilda Street Intersection.

 

2    The applicant (Finishing Touches) meets costs associated with relocation of the signs.

 

     

 

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 above.

 

Reason reports are in Closed Meeting:

 

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    PRF71                161014      Nambucca Heads Skate Park - Deed of Settlement and Deed of Release

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    SF1103              161014      Off River Storage Project _ Compensation For Landowners Affected By Infrastructure Works

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 12.3    SF1931              161014      Sale of Land for Overdue Rates and Charges

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.

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 9.12 pm.

 

 

 

RESUME IN OPEN MEETING

 

Resolved:          (Ainsworth/MacDonald)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 9.32 pm.

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    PRF71                161014      Nambucca Heads Skate Park - Deed of Settlement and Deed of Release

512/14 RESOLVED:        (Ainsworth/MacDonald)

 

The recommendation concerning the Closed attachments in the report in open meeting be adopted.

 

 

Cr Finlayson left the meeting for Item 12.2 at 9.12 pm and returned after the conclusion of Item 12.2 at 9.19 pm.

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF1103              161014      Off River Storage Project - Compensation For Landowners Affected By Infrastructure Works

513/14 RESOLVED:        (Ainsworth/MacDonald)

 

1        That Council make offers of compensation to the affected land owners with properties designated as Lot 326 DP 777074 and Lot 2 DP 1076377 based on the amounts determined in Section 9 of the valuation reports prepared by Herron Todd White.

 

2        That Council waiver the requirement for payment of the outstanding amount of $7,487.00 for provision of 3 phase power to the Lewis’ property to act as an additional allowance to compensate for disturbance.

 

3        That Council provide the affected landowners with a draft copy of the easement plans and advise them that payment of compensation will be made once they sign the Administration Sheets associated with the Deposited Plan that is to be lodged with the Lands Titles Office.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.3    SF1931              161014      Sale of Land for Overdue Rates and Charges

514/14 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council sells the land identified in the report for recovery of rates and charges in accordance with Section 713 of the Local Government Act 1993.

 

2        That the sale is by way of a public auction on (date to be set) in the Council Chambers Macksville commencing at (time to be set).

 

3        That Council calls for expressions of interest from licenced local auctioneers to conduct the sale with the General Manager authorised to appoint a suitable auctioneer.

 

4        That reserve prices for the land be determined by a qualified Valuer wherever the land value at the 1 July 2013 base date exceeds $20,000.  For land values of less than $20,000 the reserve price be determined by the General Manager and the Mayor.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 9.32 pm. 

 

Confirmed and signed by the Mayor on 30 October 2014.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)