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)

Monika Schuhmacher (Minute Secretary)

 

 

APOLOGIES

 

Cr Anne Smyth

 

 

PRAYER

 

Captain Steve Dorman from the Salvation Army offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor BJ Finlayson declared a non-pecuniary significant conflict of interest in Item 5.1 Support For The NSW Parliamentary Law And Justice Committee’s Recommendations Relating To The Bowraville Murders under the Local Government Act as Cr Finlayson acted for the accused in respect of the first murder trial.  Cr Finlayson left the meeting for this item.

 

Councillor JA Ainsworth declared a pecuniary interest in Item 9.4 Environmental Levy March Progress and Proposed 15/16 Budget under the Local Government Act as Cr Ainsworth owns property in the Gumma Wetland area.  Cr Ainsworth left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 12 March 2015

 

734/15 RESOLVED:        (MacDonald/South)

 

That the minutes of the Ordinary Council Meeting of 12 March 2015 be confirmed.

 

 

 

NOTICE OF MOTION - CR Hoban

 

Cr Finlayson left the meeting for this Item at 5.37 pm and returned after the conclusion of the Item at 5.40 pm.

 

ITEM 5.1      SF2049              260315      Notice Of Motion – Support For The NSW Parliamentary Law And Justice Committee’s Recommendations Relating To The Bowraville Murders (SF809)

735/15 RESOLVED:        (Hoban/Flack)

 

That in support of the petition circulating in the community Council writes to the Premier of NSW expressing its support for the recommendations resulting from the Law and Justice Committee’s Inquiry into the Bowraville murders and ask that they be implemented as a matter of urgency.

 

  

 

DELEGATIONS

 

RESOLVED:

 

That the following delegations be heard:

 

9.3     Coastal Public Safety Risk Assessments - Nambucca Local Government Area – Project Blueprint

i)           Mr Luke Stigter Coastal Risk Coordinator – presentation to Council

 

9.6     9.6     Planning Report for DA2014/202 - 35 Centenary Parade, Nambucca Heads - Lot 89 DP 261088

ii)       Mr Jeff Allen, Principal Nambucca Valley Christian Community School (available for questions)

 

 

 

 

ITEM 9.3      SF904                260315      Coastal Public Safety Risk Assessments - Nambucca Local Government Area - Project Blueprint

736/15 RESOLVED:        (Ainsworth/Morrison)

 

1        That a report be prepared on the implementation of the recommendations from the Coastal Public Safety Risk Assessment for the Nambucca Local Government Area.

 

2        That Council thank Mr Luke Stigter, Coastal Risk Coordinator for his briefing on the final report for the Nambucca Local Government Area.

 

 

 

 

ITEM 9.6      DA2014/202        260315      Planning Report for DA2014/202 - 35 Centenary Parade, Nambucca Heads - Lot 89 DP 261088

737/15 RESOLVED:        (Ainsworth/Finlayson)

 

That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2014/202 for additions to an existing school at Lot 89 DP 261088, 35 Centenary Parade, Nambucca Heads subject to the schedule of conditions outlined in attachment 1 of this report.

 

 

 

738/15 Resolved:        (Ainsworth/Ballangarry)

 

That this item be brought forward as there were interested parties in the gallery.

 

 

ITEM 9.7      SF1541              260315      Planning Proposal - Rural Road Land Severance Provisions

739/15 RESOLVED      (Ainsworth/Finlayson)

 

1        That pursuant to the Clause 55 of the Environmental Planning and Assessment Act 1979, Council prepare a planning proposal to support an amendment to the Nambucca LEP 2010 to allow land severed by a sealed rural road to be subdivided as outlined in the content of this report.

 

2        The Planning Proposal and associated material be submitted to the Minister for Planning for consideration under Clause 56 of the Act.  Council request the matter be referred to the Gateway panel for consideration.

 

3        The results of the Gateway determination be reported to Council for further information.

 

Note Cr Flack requested that her vote be recorded against the resolution as she was opposed to the ad hoc creation of more rural residential (RU5) land and the ongoing incremental loss of agricultural land.

 

 

 

ASKING OF QUESTIONS WITH NOTICE

 

There are no questions with notice.

 

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

There are no questions for Closed Meeting where due notice has been received.

 

 

 

General Manager Report

 

ITEM 9.1      SF959                260315      Outstanding Actions and Reports

740/15 RESOLVED:        (Ainsworth/MacDonald)

 

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

 

 

 

ITEM 9.2      PRF71                260315      Nambucca Heads Skate Park

741/15 RESOLVED:        (Finlayson/MacDonald)

 

1        That the information concerning the outcome of the meeting to explore opportunities for a “without prejudice” trial agreement for the unlocking of the skate park gate be received.

 

2        That Council advise the NSW Anti-Discrimination Board that it is not in a position to accept the settlement proposal as to do so would be contrary to the Deed of Settlement entered into in response to the Class 4 action against Council in the Land and Environment Court.

 

 

Item 9.3 was dealt with under Delegations.

 

 

 

Cr Ainsworth left the meeting for this Item at 6.46 pm and returned after the conclusion of the Item at 6.48 pm.

 

ITEM 9.4      SF688                260315      Environmental Levy March Progress and Proposed 15/16 Budget

742/15 RESOLVED:        (Finlayson/Flack)

 

1        That Council note the March progress report of the 2014/15 Environmental Levy Management Program.

 

2        That Council note the proposed budget for the 2015/16 Environmental Levy Program and that this program be exhibited for comment.

 

 

 

ITEM 9.5      SF2038              260315      Outstanding DA's greater than 12 months, applications where submissions received not determined from 5 March 2015 to 18 March 2015

743/15 RESOLVED:        (MacDonald/South)

 

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

 

 

Item 9.6 was dealt with earlier in this meeting.

 

 

Item 9.7 was dealt with earlier in this meeting.

 

 

 

General Manager Report – LATE

 

ITEM 9.8      SF732                260315      Successful funding application "Rescuing our Waterways Program" NSW Trade & Investment  Crown Lands

Lost Motion:      (Flack/Ballangarry)

 

1        That Council note the successful funding application for the preparation of a dredging strategy for the lower estuary.

 

2        That Council decline to accept the funding offer at this time as it will be unable to provide the 50% funding contribution towards any substantive maintenance dredging program and that NSW Trade and Investment Crown Lands be advised accordingly.

 

Upon being put to the meeting, the motion was declared lost. Cr Flack seconded Cr MacDonald called for a Division.

 

For the Motion:               Councillors Ballangarry and Flack Total (2).

Against the Motion:         Councillors Ainsworth, Finlayson, Hoban, MacDonald, Morrison, and South

                                      Total (6).

 

744/15 Resolved:        (Morrison/Ainsworth)

 

That Council accept the funding offer of $10,000 from the NSW Office of Trade and Investment Crown Lands and allocate $10,000 from our environmental levy being $7,000 from this year’s budget and $3,000 from next year’s budget in order to allow Council to determine the feasibility of any future dredging and to give Council time to source other funding with the ultimate goal of improving our waterways.  The strategy is to include an option of minimal dredging to keep the channel open for marine rescue access.

 

Upon being put to the meeting, the motion was declared carried. Cr Flack seconded Cr Ballangarry called for a Division.

 

For the Motion:               Councillors Ainsworth, Finlayson, Hoban, Morrison and South Total (5).

Against the Motion:         Councillors Ballangarry, Flack and MacDonald Total (3).

 

Note:  Cr MacDonald requested that her vote be recorded as against the motion as she did not believe the funding should come from the environmental levy.

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF251                260315      Schedule of Council Public Meetings

745/15 RESOLVED:        (Finlayson/Ainsworth)

 

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

 

 

 

ITEM 10.2    SF340                260315      Utungun Community Centre Committee of Management - Minutes of Annual General Meeting - 11 November 2014

746/15 RESOLVED:        (South/Finlayson)

 

That Council endorse the Minutes of the Utungun Community Centre’s Committee of Management for the Annual General Meeting held on 11 November 2012 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

ITEM 10.3    SF335                260315      Talarm Hall Committee of Management - Minutes of Annual General Meeting - 11 November 2014

747/15 RESOLVED:        (Ainsworth/MacDonald)

 

That Council endorse the Minutes of the Committee of Management for the Talarm Hall Annual General Meeting held on 11 November 2014 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF61                  260315      Professional Life Saving Services 2014/2015

748/15 RESOLVED:        (Finlayson/Ainsworth)

 

That Council receive and note the Season Report for 2014/2015 by Australian Lifeguard Service.

 

 

 

ITEM 11.2    SF2012              260315      Naming the Nambucca Heads to Kingsworth Estate Cycleway

749/15 RESOLVED:        (Flack/MacDonald)

 

That Council contact the Geographic Names Board with a proposal to name the cycleway connecting Nambucca Heads to Kingsworth Estate and Macksville, following construction, the Brian Cockbain Memorial Cycleway after:

 

a)       Contacting Mr Cockbain’s family for concurrence; and

 

b)       Community consultation by advertising the proposal in the Guardian News with submissions invited and closing after a period of 28 days.

 

    

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.15 pm. 

 

Confirmed and signed by the Mayor on 30 April 2015.

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)