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

 

Pastor Peter Lott from the Christian Life Centre, offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor K MacDonald declared a pecuniary interest in Item 9.2 Pacific Highway Upgrade - Request to Use Water from the Dam at the Kingsworth Estate under the Local Government Act as Cr MacDonald’s sister owns an adjoining property and Council’s decision may affect their property price and/or amenity and access. Cr MacDonald left the meeting for this item.

 

Councillor K MacDonald declared a non-pecuniary less significant conflict of interest in Item 9.5 Dogs at Gumma Reserve under the Local Government Act as Cr MacDonald takes her dog to Gumma Reserve.

 

Councillor PF Flack declared a non-pecuniary less significant conflict of interest in Item 11.3 Nambucca Shire Traffic Committee Meeting Minutes – 15 January 2014 (specifically point 4.4 Vehicle Speeds North Arm Road) under the Local Government Act as Cr Flack is a resident of upper North Arm.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 11 December 2014

 

605/15 RESOLVED:        (Flack/South)

 

That the minutes of the Ordinary Council Meeting of 11 December 2014 be confirmed subject to the following amendment:

 

In relation to Item 9.4 the delegation from Mr Barry Duffus should be as follows:

That any amalgamation or joint agreement with Coffs Harbour to jointly manage the Visitors Information Centre would be to our detriment as shown by past experience and examples of our brochures being put in a back room and not made available to the public.

 

 

 

DELEGATIONS

Cr MacDonald left the meeting for Item 9.2 – recommendations 1 and 2 - at 5.35 pm and returned after the conclusion of the these recommendations at 5.56 pm. Cr MacDonald was present for recommendation 3.

 

RECOMMENDATION:

 

That the following delegations be heard:

 

Item 9.2 - Pacific Highway Upgrade - Request to Use Water from the Dam at the Kingsworth Estate

          i)       Mr Paul Burgess for the recommendation

i         i)       Mr Richard Barrie for the recommendation

 

Item 9.3 - Renewal of Lease for Bowraville Golf Course

i)         Mr David Salvin on behalf of Bowraville Golf Course Director on the Board

 

Item 9.6 - Transfer of Encroachment Licence - 26 Swimming Creek Rd, Nambucca Heads

          i)       Ms Vicki Gee

 

 

Mr Burgess address Council making the following points:

·    Preference is for Pacifico not to pump from the dam

·    Water and spillway partially on his property

·    Land to be reclassified to operational land

·    Will Council revisit reclassification at a later date?

·    Application with Council to subdivide his property

·    Dam significant to his development.

 

Mr Barrie addressed Council making the following points: (Mr Barrie’s speaking notes are on file PRF72)

·    Richard Barrie representing Bellingen Birders and the Kingsworth Lake Action Group

·    We object to the extraction of water from Kingsworth Lake

·    We object to any other action which would threaten the existing environment

·    This site has very high ecological values and we have particular concern for the exceptional bird life found on the Lake

·    A copy of the Survey from 21st December is on file PRF72

·    Includes NSW threatened species and species covered by Commonwealth International Agreements

·    The suggestion non supply of water to Pacifico will result in costs to the taxpayer is spurious

·    We support the recommendation NOT to supply water to Pacifico.

 

606/15 Resolved:        (Flack/Smyth)

 

That Mr Barrie be approved to continue to address Council.

 

ITEM 9.2      PRF72                150115      Pacific Highway Upgrade - Request to Use Water from the Dam at the Kingsworth Estate

607/15 RESOLVED:        (Flack/Ainsworth)

 

1        That Council advise Pacifico that the community classification of the land effectively means that Council is unable to enter into an agreement for the use of the water from the Kingsworth Estate dam.

 

2        That Council advise Mr Ian Love that he has not provided evidence of the claim for water rights, but regardless Council will not be proceeding to consider any lease or licence of the land or its water to Pacifico.

 

608/15 Resolved:        (Flack/Smyth)

 

3        That Council receive a report regarding the potential use of sewage treatment plant water by Pacifico including options of costs/fees for supply and costs of infrastructure and legal advice.

 

 

DELEGATIONS continued

 

Mr David Salvin addressed Council making the following points:

·    On behalf of Bowraville Recreation Club

·    Membership increasing

·    Volunteer labour and ground staff work tirelessly

·    Club happy to support five year term

·    Membership is aging

·    Cost of lease – wish to remain “peppercorn” so all socio economic groups can afford to use the club

·    Not for profit organisation

·    Increase in lease cost will jeopardise membership numbers

 

ITEM 9.3      SF1535              150115      Renewal of Lease for Bowraville Golf Course

609/15 RESOLVED:        (Flack/Ainsworth)

 

1        That Council provide public notice of a proposed lease of community land to the Bowraville Recreation Co-operative being the land comprising the Bowraville Golf Course, with the lease to commence at the expiration of the current lease on 12 March 2016 for a term of 5 years at an annual rental of $5.00.

 

2        The terms of the lease to be generally the same as the current lease (except for the term).

 

3        That the Bowraville Recreation Co-operative pay the legal costs associated with the preparation and registration of the lease.

 

4        In the event that there are no public submissions in response to the public notice of the proposed lease, that the General Manager be provided with delegated authority to finalise the lease and that Council’s seal be attached to legal documents as required.

 

5        Following the execution of any lease, that Council’s land register be updated.

 

 

DELEGATIONS continued

 

Ms Vicki Gee was not in attendance at the Council meeting.

 

ITEM 9.6      SF1480              150115      Transfer of Encroachment Licence from Shibba to Dennien – 26 Swimming Creek Rd, Nambucca Heads

Motion:      (Smyth/Flack)

 

That a new license agreement for all encroachments (including 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.

 

Amendment:       (Finlayson/Ainsworth)

 

That this item be deferred in order for Council to obtain further advice on the legal consequences of an Order for the removal of Ms Gee’s dwelling.

 

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

 

610/15 Resolved:        (Finlayson/Ainsworth)

 

That this item be deferred in order for Council to obtain further advice on the legal consequences of an Order for the removal of Ms Gee’s dwelling.

 

 

 

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                150115      Outstanding Actions and Reports

611/15 RESOLVED:        (Ainsworth/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.

 

 

 

ITEM 9.4      SF929                150115      Management of Bookings at the Visitor Information Centre

612/15 RESOLVED:        (Ainsworth/Finlayson)

 

That this item be deferred until Council’s meeting on 12 February 2015.

 

 

 

ITEM 9.5      PRF54                150115      Dogs at Gumma Reserve

613/15 RESOLVED:        (Finlayson/South)

 

1        That Council allow dogs in the Gumma Reserve provided they remain on a leash at all times and under effective control.

 

2        That Council discontinue the $2.00 per day fee for dogs to stay at the Reserve.

 

 

 

Item 9.6 was dealt with under Delegations.

 

 

 

ITEM 9.7      DA2014/183        150115      Notification of DA2014/183 referral to the JRPP

614/15 RESOLVED:        (Ainsworth/MacDonald)

 

That the information concerning the report and recommendation to the Northern Joint Regional Planning Panel on the proposed residential care facility on the corner of Upper Warrell Creek Road and the Pacific Highway (Lots 1 & 2 DP 377306, Lot 3 DP 241032, Lots 1 & 5 DP 248870) be received.

 

 

 

ITEM 9.8      SF1947              150115      Outstanding DA's greater than 12 months, applications where submissions received not determined from 3 December to 6 January 2015

615/15 RESOLVED:        (Ainsworth/MacDonald)

 

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

 

 

 

ITEM 9.9      SF1148              150115      Council Ranger's Report December 2014

616/15 RESOLVED:        (Finlayson/Ainsworth)

 

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

 

 

 

ITEM 9.10    SF2038              150115      2014 December - Construction And Complying Development Certificates Approved

617/15 RESOLVED:        (Finlayson/MacDonald)

 

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

 

 

 

ITEM 9.11    SF2038              150115      2014 December - Development and Complying Development Applications Received

618/15 RESOLVED:        (Ainsworth/Finlayson)

 

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

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF2025              150115      Fit For The Future - Report 4  Infrastructure and Service Management and Efficiency Bench Marking

619/15 RESOLVED:        (MacDonald/South)

 

That Council receives this report and notes the information it contains.

 

620/15 Resolved:        (Finlayson/Ainsworth)

 

That the Mayor, Deputy Mayor and General Manager make an appointment for informal discussions with their counterparts at Bellingen Shire Council to explore any interest in a joint meeting of both Councils to discuss possible amalgamation or other joint activities and bring the outcome of this meeting back to this Council.

 

 

 

Council adjourned at 7.44 pm

Council resumed at 8.19 pm

 

 

 

ITEM 10.2    SF1120              150115      Grant Application Status Report

621/15 RESOLVEDS:      (Ballangarry/Smyth)

 

That the list of grant applications and their status to 24 December 2014 be received.

 

 

 

ITEM 10.3    SF251                150115      Schedule of Council Public Meetings

622/15 RESOLVED:        (Ainsworth/Ballangarry)

 

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

 

 

 

ITEM 10.4    SF337                150115      Taylors Arm Sports Reserve Committee of Management - Minutes of Annual General Meeting - 11 December 2014

623/15 RESOLVED:        (Ainsworth/South)

 

That Council endorse the Minutes of the Committee of Management for the Taylors Arm Sports Reserve Annual General Meeting held on 11 December 2014 and thank the outgoing Committee for their continued good work in the past twelve months.

 

 

 

ITEM 10.5    SF1963              150115      Defence of Claim by Community Housing Ltd

624/15 RESOLVED:        (MacDonald/Ainsworth)

 

That the report be noted and received for the information of Council.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF85                  150115      NSW Rural Fire Service Liaison Committee meeting Thursday 12 November 2014 – Service Level Agreement 2014

625/15 RESOLVED:        (Ainsworth/Smyth)

 

That Council receive, note the report and endorse the minutes for the RFS Liaison Committee Meeting Service Level Agreement – 2014/2015 held on Thursday 12 November 2014.

 

 

 

ITEM 11.2    SF878                150115      Mid North Weight of Loads Group - Minutes of the Meeting 20 November 2014

626/15 RESOLVED:        (Ainsworth/Finlayson)

 

That Council receive and note the minutes of the Mid North Weight of Loads Group meeting held on 20 November 2014.

 

 

 

ITEM 11.3    SF90                  150115      Nambucca Shire Traffic Committee Meeting Minutes – 15 January 2014

627/15 RESOLVED:        (Ainsworth/MacDonald)

 

That Council:

 

1        receive and note the minutes of the Nambucca Shire Traffic Committee held on the 2 December 2014

 

2        install line marking to delineate turning movements into Eggleton Street from Hyland Park Road

 

3        notes that the RMS is investigating the possibility of installing a mobile speed camera on Hyland Park Road

 

4        notes that additional patrols will be conducted by NSW Police

 

5        NSW Police will monitor compliance of Heavy Vehicle parking on Mumbler Street Nambucca Heads

 

6        approve the following temporary road closures to accommodate the Australia Day 2015 ‘Fun Day’ and associated fun run activities in Nambucca Heads:

 

i         Boat ramp and road through Gordon Park - 6.00am to 6.00pm

 

ii        For short periods between 7.00am and 10.00am at the following locations:

 

          a        Wellington Drive (from Gordon Park to the V Wall)

          b        Shelly Beach Road (from Parkes Street)

                   c        Parkes Street (from Shelly Beach Road to Captain

                             Cook Lookout)

 

7        install 2 signs on North Arm Road reminding drivers to drive to the conditions, one immediately prior to the start of the gravel section and the other immediately after the Argents Hill centre

 

8        advise the Nambucca Heads Community Action Group that the NSW Police have been advised of their concerns and that the NSW default speed limit in built up areas is 50km/h, negating the need for further signage

 

9        approve the installation of a NO STOPPING zone on the northern side of Willunga Avenue between Mumbler Street and the Pacific Highway

 

10      note that approval has been granted to the temporary road closure of High Street Bowraville between Belmore and Young Streets on 18 December 2014 between 3.00pm and 7.00pm to conduct their annual community Christmas party.

 

 

 

ITEM 11.4    SF1696              150115      T501415NAM Tender for Supply and Delivery of Electricity to Small Mass Market Sites

628/15 RESOLVED:        (Smyth/MacDonald)

 

1          Council authorise the Mayor and General Manager to adopt the tender evaluation recommendation.

 

2          The results of the tender evaluation be reported to the Council Meeting 5 February 2015.

 

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

Against the motion: Nil

 

 

 

ITEM 11.5    SF1696              150115      RA491415NAM Reverse Auction for Supply of Electricity for Contestable Metered Sites and Street Lighting

629/15 RESOLVED:        (MacDonald/Ainsworth)

 

1          Council authorise the Mayor and General Manager to adopt the tender evaluation recommendation.

 

2          The results of the tender evaluation be reported to the Council Meeting 5 February 2015.

 

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

Against the motion: Nil

 

 

 

ITEM 11.6    SF841                150115      Roundabout Treatments Pacific Highway Upgrade Warrell Creek to Nambucca Heads

630/15 RESOLVED:        (Ainsworth/Finlayson)

 

That Council advise Roads and Maritime Services that for Council to accept responsibility for the ownership and ongoing maintenance of the two roundabouts at the new Bald Hill Interchange they must be constructed with:

 

a)         a landscaping treatment that requires little maintenance

 

                   b)       has a minimum 2m wide concrete perimeter apron.

 

 

 

ITEM 11.7    T032/2014           150115      T032/2014 Tender for Construction of Road Embankment Stabilisation Riverside Drive, Nambucca Heads

631/15 RESOLVED:        (Smyth/Ballangarry)

 

1        That Council accept the submission for T032/2014, Construction of Road Embankment Stabilisation, Riverside Drive, Nambucca Heads, from Specialised Geo Pty Ltd.

 

2        That Council update the Contract Register.

 

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

Against the motion: Nil

 

     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

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:

 

 

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF1931              150115      T032/2014 Tender for Construction of Road Embankment Stabilisation Riverside Drive, Nambucca Heads

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 12.2    SF1931              150115      Coffs Coast Waste Service - Mixed Waste Processing

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 8.58 pm.

 

 

 

RESUME IN OPEN MEETING

 

Resolved:          (Flack/Morrison)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 9.00 pm.

 

 

 

FROM COUNCIL IN CLOSED MEETING

 

Assistant General Manager Engineering Services Report

From Confidential Business Paper in Closed Meeting

ITEM 12.1    SF1931              150115      T032/2014 Tender for Construction of Road Embankment Stabilisation Riverside Drive, Nambucca Heads

632/15 RESOLVED:        (Ainsworth/Morrison)

 

That Council note the tendered sums and assessment results enclosed for T032/2014.

 

 

 

From Confidential Business Paper in Closed Meeting

ITEM 12.2    SF1931              150115      Coffs Coast Waste Service - Mixed Waste Processing

633/15 RESOLVED:        (Flack/Finlayson)

 

That Council receives and notes the outcome of negotiations between Coffs Coast Waste Services and Biomass Solutions in resolving the dispute.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 9.01 pm. 

 

Confirmed and signed by the Mayor on 29 January 2015.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)