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

 

Father Michael from the Catholic Church offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor K MacDonald declared a pecuniary interest in Item 9.2 (1B) Housekeeping amendment to the Nambucca LEP 2010 under the Local Government Act as Cr MacDonald as her brother in law is the proprietor.  Cr MacDonald left the meeting for this item.

 

Mr Michael Coulter, General Manager declared a non-pecuniary less significant conflict of interest in Item 9.5 Planning Proposal Commercial Land Use Zones in Macksville under the Local Government Act as it is proposed to change the zoning of land adjacent to his property at 28 River Street from B3 Commercial core to R1 General Residential.  The adjoining property has always been used for residential purposes.  There is no proposed change to the zoning of my land.

 

Councillor PF Flack declared a non-pecuniary less significant conflict of interest in Item 10.1 Final Community Facilities and Public Open Space Strategy  2015 under the Local Government Act as Cr Flack is a non-executive member of Nambucca Valley Conservation Association which has made a submission.

 

Councillor R Hoban declared a non-pecuniary significant conflict of interest in Item 12.1 Quarry Solutions-v-Nambucca Shire Council under the Local Government Act as Cr Hoban was involved in negotiating the conditions of consent for this quarry prior to becoming a Councillor.  Cr Hoban left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 15 January 2015

 

634/15 RESOLVED:        (MacDonald/South)

 

That the minutes of the Ordinary Council Meeting of 15 January 2015 be confirmed.

 

 

 

 

DELEGATION and PUBLIC FORUM

 

RESOLVED:

That the following delegation and public forum be heard:

          Public Forum:

          (ii)     Ms Leone Bush – Stormwater problems in Alberta Street Bowraville

         

          Delegation:

          Item 11.2     NSW Rural Fire Service Proposed 2015/16 Budget 'Bid'

(i)         Mr Lachlan Ison on behalf of Rural Fire Service

 

         

Ms Leone Bush addressed Council in regard to the stormwater problems in her front yard (and other properties) in Alberta Street, Bowraville.

 

GB1/15 - Cr. John Ainsworth - 4 Albert Street, Bowraville - Site Inspection (Ref LF6900)

634/15  Resolved:       (Ainsworth/Ballangarry)

 

That Council conduct a site inspection of this property

 

 

 

DELEGATION

 

Mr Ison addressed Council on behalf of the NSW Rural Fire Service.

 

ITEM 11.2    SF84                  290115      NSW Rural Fire Service Proposed 2015/16 Budget 'Bid'

635/15 RESOLVED:        (Ainsworth/South)

 

1        That Council receive a presentation from the NSW Rural Fire Service Zone Manager for the Lower North Coast Zone on the proposed 2015/16 NSW Rural Fire Service “BID”.

 

2        That Council thank Mr Ison for his presentation.

 

3        That Council receive a further report at the 12 February 2015 Council meeting concerning the matter.

 

636/15 Resolved:        (Hoban/Ainsworth)

 

4        That Council write to the RFS requesting a detailed breakdown of the State (Head Office) “BID”.

 

 

 

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                290115      Outstanding Actions and Reports

637/15 RESOLVED:        (Flack/Smyth)

 

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

 

Motion:      (Morrison/Ainsworth)

 

That, in relation to Item 11, Council ask the Leckies and Crown Lands if they would participate in a mediation session with the Mayor and General Manager representing Council.

The motion was LOST.

 

NOTE: Cr Morrison wished his vote to be recorded as against the decision because he believes that natural justice and due process has not occurred.

 

638/15 Resolved:        (MacDonald/Flack)

 

That, in relation to Item 11, the General Manager and the Assistant General Manager Engineering Services undertake a site inspection and then report to Council on whether advice should be sought from a geotechnical engineer.

 

639/15 Resolved:        (Hoban/Flack)

 

That Council write to Mr and Mrs Leckie reminding them of Council’s previous resolution to provide a recommendation to Crown Lands that a lease be entered into for the purpose of constructing a retaining wall to protect their property.

 

 

 

640/15 Resolved:        (Flack/MacDonald)

 

That the items in 9.2 below be dealt with individually

 

Cr MacDonald declared an interest item 1b leaving the meeting for at 7.08 pm and returned after the conclusion of point 1b at 7.10 pm.

 

ITEM 9.2      SF1541              290115      Housekeeping amendment to the Nambucca LEP 2010

641/15 RESOLVED:        (Ainsworth/MacDonald)

 

1          Pursuant to the Clause 55 of the Environmental Planning and Assessment Act 1979, Council prepare a Planning Proposal to support the following amendments as proposed in this report.

 

a.         Amend the Floor Space Ratio Map relating to Lot 5 DP 242819, Lot 9 DP534177, Lot B DP955417, Lot 1 DP 558086, Lot 1 DP 1063510 and Lot 412 DP 625737  to provide a maximum floor space ratio of 0.55:1. And

 

            Amend the Height of Building Map relating to Lot 5 DP 242819, Lot 9 DP534177, Lot B DP955417, Lot 1 DP 558086, Lot 1 DP 1063510 and Lot 412 DP 625737 to provide a maximum building height of 8.5m AHD.

 

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

Against the motion:         Nil

 

642/15 Resolved:        (Ainsworth/South)

 

b.     Amend clause 7.1 (6) as follows:

(6) Despite subclause (2), development consent is not required under this clause to carry out any works if:

(a) the works involve the disturbance of less than 1 tonne of soil, and

(b) the works are not likely to lower the water table.

 

For the motion:               Councillors Hoban, Morrison, Ballangarry, Flack, Smyth, Finlayson, Ainsworth,                                     and South    (Total 8)

Against the motion:         Nil

 

Amendment:       (Flack/Smyth)

 

That Council defer item c to receive an option for rezoning.

 

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

 

643/15 Resolved:        (Flack/Smyth)

 

That Council defer item c to receive an option for rezoning.

 

644/15 Resolved:        (Finlayson/Flack)

 

That Council defer this item d (a to f) for two months.

 

 

 

ITEM 9.3      LF6687        290115         Deck Encroachment on Road Reserve,

15 Gregory Street, Valla Beach

646/15 Resolved:        (Finlayson/Ainsworth)

 

1        That Council advise the owners of 15 Gregory Street, Valla Beach that in relation to their encroaching deck, subject to the approval of any required road closure application, the issue of a building certificate and meeting all costs in relation to these and the preparation of a lease tied to the title, that Council is willing to enter into a 5 year lease for the encroached land at a rental of $720 per annum.

 

2        That Council’s seal be attached to legal documents as required.

 

647/15 Resolved:        (Ainsworth/MacDonald)

 

3        That should the owners decide to remove that portion of the deck that is encroaching they should submit a building certificate for the works.

 

NOTE  Cr Morrison requested his vote be recorded against this resolution as he believes the rent is excessive for the amount of property.

 

648/15 Resolved:        (Flack/Smyth)

 

That Council receive a report in relation to clearing opposite this property including the OEH response and remediation actions.

 

649/15 Resolved:        (MacDonald/Smyth)

 

That the Council staff be acknowledged for their diligence.

 

 

 

ITEM 9.4      SF614                290115      Reuse of Treated Effluent from the Macksville Sewerage Treatment plant by Pacifico

650/15 RESOLVED:        (Ainsworth/South)

 

That the information concerning the potential use of sewage treatment plant water by Pacifico including the options for supply be received and that Council’s Manager Water & Sewerage be provided with delegated authority to make arrangements for the supply of treated effluent from the Macksville Sewerage Treatment Plant if the necessary approvals are obtained.

 

 

The meeting adjourned at 8.01 pm

The meeting resumed at 8.32 pm.

 

 

 

ITEM 9.5      SF1541              290115      Planning Proposal Commercial Land Use Zones in Macksville

651/15 RESOLVED:        (Finlayson/Flack)

 

That this item be deferred for a period of two months.

 

 

 

ITEM 9.6      SF1031              290115      New Draft Policy - Local Approvals Policy

652/15 RESOLVED:        (Finlayson/Ainsworth)

 

That Council adopt the Local Approvals Policy (Our Ref: 16819/2014) included in the approval from the Secretary, Office of Local Government a copy of which is attached to the report.

 

 

 

ITEM 9.7      SF1947              290115      Outstanding DA's greater than 12 months, applications where submissions received not determined from 7 January to 20 January 2015

653/15 RESOLVED:        (Ainsworth/Ballangarry)

 

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

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF544                290115      Final Community Facilities and Public Open Space Strategy  2015

654/15 RESOLVED:        (Morrison/Finlayson)

 

That this item be deferred.

 

 

 

ITEM 10.2    SF1991              290115      Investment Report To 31 December 2014

655/15 RESOLVED:        (Ainsworth/South)

 

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

 

 

 

ITEM 10.3    SF338                290115      Tewinga Community Centre Committee of Management AGM - 17 December 2014 - Minutes

656/15 RESOLVED:        (Flack/MacDonald)

 

That Council endorse the Minutes of the Committee of Management for the Tewinga Community Centre’s Annual General Meeting held on 17 December 2014 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

ITEM 10.4    SF251                290115      Schedule of Council Public Meetings

657/15 RESOLVED:        (Smyth/Flack)

 

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    SF674                290115      Coffs Coast Waste Service Regional Waste and Resource Recovery Strategy

658/15 RESOLVED:        (Ainsworth/Ballangarry)

 

1        That Council endorses the preparation of the Coffs Coast Waste Service Regional Waste and Resource Recovery Strategy.

 

2        Following endorsement by all Coffs Coast Waste Service member Councils, that an appropriately qualified consultant be engaged to prepare the strategy on behalf of the member Councils.

 

3        That Coffs Harbour City Council be requested to establish a Regional Waste Committee to manage the project comprising a Councillor, responsible Director plus relevant Waste Services staff from each participating Council.

 

4        That Council requests that as part of the Strategy that there would be a review of the performance to date compared to the original 2004 proposal.

 

 

Item 11.2 was dealt with under Delegations.

 

     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

Resolved:          (MacDonald/Ballangarry)

 

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

 

2        That Council move into Closed Meeting to discuss the matters for the reason(s) listed below.

 

Reason reports are in Closed Meeting:

 

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    DA2001/096        290115      Quarry Solutions-v-Nambucca Shire Council

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.

 

 

 

The Mayor left the meeting for the Closed Item at 8.52 pm.

Cr Ainsworth, Deputy Mayor, took the Chair for the remainder of the meeting.

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 8.52 pm.

 

 

 

RESUME IN OPEN MEETING

 

RESOLVED:

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 9.10 pm

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    DA2001/096        290115      Quarry Solutions-v-Nambucca Shire Council

659/15 RESOLVED:        (MacDonald/South)

 

1        That after taking legal advice, the Deputy Mayor, General Manager and Manager Development & Environment and any Councillor in attendance be provided with delegated authority to agree as to the terms of a decision in Quarry Solutions-v-Nambucca Shire Council, where they are of the unanimous view that it would be in the Council’s interests to do so.

 

2        In the alternative to 1, if agreement as to the terms of a decision cannot be reached that, after taking legal advice, the Deputy Mayor, General Manager and Manager Development & Environment be provided with delegated authority to consent to the Commissioner disposing of the proceedings on the basis of what has occurred at the conciliation conference or following a hearing, whether held forthwith or later.

 

3        That Council note the engagement of Barrister, Mr Robert White to represent Council in the matter.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 9.11 pm. 

 

Confirmed and signed by the Mayor on 12 February 2015.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)