NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 28 May 2015

The following document is the minutes of the Ordinary Council meeting held 28 May 2015.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 11 June 2015 and therefore subject to change.  Please refer to the minutes of 11 June 2015 for confirmation.

 

 

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)

Heather Leclercq (Minute Secretary)

 

 

DISCLOSURE OF INTEREST

 

There were no disclosures of interest

 

 

  

CONFIRMATION OF MINUTES - Ordinary Council Meeting 14 May 2015

834/15 RESOLVED:        (Flack/Smyth)

 

That the minutes of the Ordinary Council Meeting of 14 May 2015  be confirmed.

 

 

 

DELEGATIONS

 

RECOMMENDATION

 

That the following delegations be heard:

 

9.6     DA2015/032 Proposed 25 Lot Subdivision of Existing Dwellings – Gumbayngirr Road Bowraville

                   i)     Phillip Hall on behalf of Bowraville Local Aboriginal Land Council (second)

                  ii)     Julia Strano on behalf of NSW Aboriginal Land Council will speak in favour (first)

 

9.9     Amended Planning Proposal LEP Amendment No. 14 Schedule 1 Seniors Living Development 24 Coronation Drive Congarinni North

                   i)     Kristy Lee

 

 

 

ITEM 9.6      DA2015/032        280515      DA2015/032 - Proposed 25 Lot Subdivision of Existing Dwellings - Gumbayngirr Road, Bowraville.

835/15 RESOLVED:        (Ainsworth/Flack)

 

1        That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2015/032 for a 25 lot subdivision of Lot 208 DP 755537 - Gumbayngirr Road, South Arm, subject to the schedule of conditions outlined in an attachment to this report.

 

2        That the Bowraville Local Aboriginal Land Council be advised that prior to the transfer of ownership of any lots that consideration be given to:

 

a.       the merits of the Bowraville LALC continuing to own housing which it can continue to make available to Aboriginal people.

 

b.       the on-going ability for any new owners to pay rates to Nambucca Shire Council, as failure to pay may ultimately result in Council selling the land for unpaid rates.  If this were to occur the stock of housing available to Aboriginal people may diminish.

 

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

Against the motion:          NIL

 

 

 

ITEM 9.9      SF1852              280515      Amended Planning Proposal LEP Amendment no. 14 Schedule 1 Seniors Living Development 24 Coronation Drive Congarinni North

836/15 RESOLVED:        (Ainsworth/Morrison)

 

1          That, pursuant to Clause 56 of the Environmental Planning and Assessment Act 1979, the Planning Proposal proposing a Schedule 1 Amendment to the Nambucca LEP 2010 to a allow a seniors living development on Lot 155 and Lot 188 DP755537 be forwarded to the Minster for an amended Gateway Determination. Highlighting the proposed changes to the planning proposal.

 

2          That, should the Department Of Planning and Environment allow the planning proposal to proceed the matter be reported to Council prior to exhibition. The additional report provide Council with more detailed information on the flood behaviour of Joffre Street which is presently being examined as part of Council Flood Risk Management Study.

 

For the motion:                          Councillors Hoban, South, MacDonald, Ainsworth, Finlayson, and Morrison.  (Total 6)

Against the motion:          Councillors Smyth, Flack and Ballangarry       (Total 3)

 

 

 

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                280515      Outstanding Actions and Reports

837/15 RESOLVED:        (Ainsworth/Ballangarry)

 

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

 

 

 

ITEM 9.2      SF839                280515      Annual Reporting of Contracts for Senior Staff

838/15 RESOLVED:        (Flack/MacDonald)

 

That the information concerning the provisions of the employment contracts for the General Manager, Assistant General Manager Engineering Services and Assistant General Manager Corporate Services be received.

 

 

 

ITEM 9.3      SF1856              280515      Financial Assistance Grants to Local Government

839/15 RESOLVED:        (South/MacDonald)

 

1        That Council make representations to the Member for Cowper seeking the restoration of Financial Assistance Grants indexation.

 

2        That LGNSW and the ALGA be provided with a copy of Council’s correspondence.

 

 

 

ITEM 9.4      SF2094              280515      Proposed Development & Sale of 13 Lot Subdivision - Lot 22 DP 1036142, Treleaven Street, Hyland Park

840/15 RESOLVED:        (Ainsworth/MacDonald)

 

That the information concerning the proposed development and sale of the 13 lot subdivision of Lot 22 DP 1036142 Treleaven Street, Hyland Park be received.

 

 

ITEM 9.5      SF1699              280515      Report on Secondary Dwellings

841/15 RESOLVED:        (Ainsworth/South)

 

1        That Council note the current operation of clause 5.4 (9) of the Nambucca Local Environmental Plan 2010.

 

2        That Council await a future planning proposal to be presented to consider including secondary dwellings within the land use table for the R5 Large Lot Residential zone and detached dual occupancies within the land use table for the RU1 Primary Production and RU2 Rural Landscape zones under the Nambucca Local Environmental Plan 2010.

 

3        That staff prepare amended Water Supply and Sewerage Development Servicing Plans and Section 94 Contribution Plans for Councils consideration which includes specific criteria for secondary dwelling developments to be eligible for a developer contributions waiver.

 

 

 

ITEM 9.6 was dealt with under Delegations.

 

 

 

ITEM 9.7      SF2071              280515      World Rally 2015 - Status Report

Motion:      (Ainsworth/MacDonald)

 

1        That the information regarding World Rally 2015 be noted. 

 

2        That Council allocate $10,000 from Working Funds towards the cost of building/developing an access road to Taylors Arm Reserve.

 

Amendment:       (Flack/Smyth)

 

1        That the information regarding World Rally 2015 be noted.

 

2        That the allocation of $10,000 from Working Funds be deferred pending further advice from World Rally and a further report to Council.

 

The amendment was lost.

 

 

Amendment:       (Morrison/Ainsworth)

 

1        That the information regarding World Rally 2015 be noted. 

 

2        That Council allocate $10,000 from Working Funds towards the cost of building/developing an access road to Taylors Arm Reserve.

 

3        That Council approach World Rally and the Taylors Arm Reserve Committee of Management to ask if they are willing to contribute to the cost of providing the road on the reserve.

 

The amendment was lost.

 

Councillor Smyth requested that her name be recorded as voting against the amendment because she disagreed with the unbudgeted “allocation”.

 

Amendment:       (Smyth/Ballangarry)

 

1        That the information regarding World Rally 2015 be noted. 

 

2        That Council make provision for $10,000 from Working Funds towards the cost of building/developing an access road to Taylors Arm Reserve, if required by World Rally and if not, that consideration be given to the road in a future budget.

 

3        That Council approach World Rally and the Taylors Arm Reserve Committee of Management to ask if they are willing to contribute to the cost of providing the road on the reserve.

 

The amendment was lost.

 

Amendment:       (Morrison/Ainsworth)

 

1        That the information regarding World Rally 2015 be noted. 

 

2        That Council allocate $10,000 from Working Funds towards the cost of building/developing an access road to Taylors Arm Reserve.

 

3        That Council approach World Rally and the Taylors Arm Reserve Committee of Management to ask if they are willing to contribute to the cost of providing the road on the reserve.

 

 

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

 

842/15 RESOLVED:        (Morrison/Ainsworth)

 

1        That the information regarding World Rally 2015 be noted.

 

2        That Council allocate $10,000 from Working Funds towards the cost of building/developing an access road to Taylors Arm Reserve.

 

3        That Council approach World Rally and the Taylors Arm Reserve Committee of Management to ask if they are willing to contribute to the cost of providing the road on the reserve.

 

 


 

ITEM 9.8      SF2037              280515      Minutes of the Nambucca Shire Council Access Committee meeting held 28 April 2015

843/15 RESOLVED:        (South/Smyth)

 

1        That Council’s Engineers look into the feasibility of erecting “Give Way To Traffic” signs at the pedestrian refuges in Bowra Street Nambucca Heads, namely outside the Police Station, just below the Post Office, and outside Woolworths to warn pedestrians that they don’t automatically have right-of-way.

 

2        That the remaining minutes be endorsed.

 

 

 

ITEM 9.9 was dealt with under delegations.

 

 

 

ITEM 9.10    SF2031              280515      Nambucca Shire Council Centenary Year 2015 - Commemorative Board Acknowledging all Councillors and Staff who Served in Centenary Year

844/15 RESOLVED:        (Flack/Ainsworth)

 

That Council approve of the purchase of two commemorative boards and appropriate sign writing to showcase the Councillors and staff who served in Council Centenary Year – 2015.

 

 

 

ITEM 9.11    SF2038              280515      Outstanding DA's greater than 12 months, applications where submissions received not determined from 7 Mayl 2015 to 20 May 2015

845/15 RESOLVED:        (Flack/South)

 

That the information be noted by Council.

 

 

 

ITEM 9.12    SF281                280515      Youth Week 2015

846/15 RESOLVED:        (Flack/Ballangarry)

 

That the information be noted.

 

 

 

ITEM 9.13    SF1148              280515      Council Ranger's Report April 2015

847/15 RESOLVED:        (MacDonald/Flack)

 

That Council’s Ranger’s report for April 2015 be received and noted by Council.

 

 

 

ITEM 9.14    SF841                280515      Issues with the Partial Acquisition of Land by the RMS for the Pacific Highway Upgrade

848/15 RESOLVED:        (MacDonald/Smyth)

 

The information concerning the response from the Parliamentary Secretary for Transport and Roads be received.

 

 

 

ITEM 9.15    SF1480              280515      Transfer of Encroachment Licence from Shibba to Dennien - 26 Swimming Creek Rd, Nambucca Heads

849/15 RESOLVED:        (Morrison/Ainsworth)

 

The matter be deferred to the next Council meeting.

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF102                280515      Cycleway Plan Review

850/15 RESOLVED:        (Ainsworth/Flack)

 

That Council approve the Draft Cycleway Plan (2015) for public exhibition and community consultation.

 

 

 

ITEM 10.2    SF544                280515      Developer Contributions Plan Review: Surf Life Saving Clubs

851/15 RESOLVED:        (Flack/Ballangarry)

 

That Council adopt the Final Surf Life Saving Facilities and Infrastructure Developer Contributions Plan and it becomes effective from 4 June 2015 following public notification.

 

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

Against the motion:          NIL

 

 

 

ITEM 10.3    SF251                280515      Schedule of Council Public Meetings

852/15 RESOLVED:        (Flack/MacDonald)

 

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

 

 

 

ITEM 10.4    SF2025              280515      Fit For the Future Submission Update

853/15 RESOLVED:        (Ainsworth/MacDonald)

 

That Council note the report and Councillors provide any feedback to the Assistant General Manager Corporate Services prior to the drafting of the final submission.

 

 

 

ITEM 10.5    SF1999              280515      March 2015 Budget Review

854/15 RESOLVED:        (MacDonald/Finlayson)

 

1        That the budget review for the quarter ended 31 March, 2015 be received.

 

2        That the recommended increases and decreases in votes be included as subsequent votes for the financial year 2014/2015.

 

 

 


Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF2033              280515      Recognition of Council and Volunteer Support Provided to Cricket Australia for the Phillip Hughes Funeral Service

855/15 RESOLVED:        (MacDonald/Flack)

 

That Council receive and note the report.

 

 

 

ITEM 11.2    SF878                280515      Mid North Weight of Loads Group meeting - 9 March 2015

856/15 RESOLVED:        (Flack/Ainsworth)

 

1        That Council receive and note the minutes of the Mid North Weight of Loads Group meeting held on 9 March 2015.

 

2        That Council include the 3% increase for the Council member contribution for Mid North Weight of Loads Group in the 2015/16 budget.

 

 

 

ITEM 11.3    SF904                280515      Coastal Public Safety Risk Assessment for the Nambucca Local Government Area

857/15 RESOLVED:        (Smyth/Flack)

 

1        That Council receives and notes the report and the actions of Councils to date surrounding the installation of appropriate signage at all beaches and access points in accordance with the Best Practice manual for signage.

 

2        That Council investigate a meeting with the Tourist Board, (as representatives from the Tourist Operators) the Chamber of Commerce’s and SLA in the first instance to ascertain whether there is interest to continue with an annual meeting to discuss various beach safety matters and the dissemination of information to tourists.

 

 

 

ITEM 11.4    SF203                280515      NSW Office of Water 2013/14 Triple Bottom Line Performance Report and Action Plan for Water Supply and Sewerage

858/15 RESOLVED:        (Ainsworth/Finlayson)

 

That Council note the information provided in the 2013/14 2 page Triple Bottom Line (TLP) Performance Report for Water Supply and Sewerage and the related Action Plans.

 

 

 

ITEM 11.5    LF6712               280515      Closure of Unformed Council Road Through Lot 189 DP 755564 - 344 Williams Hill Road Talarm

859/15 RESOLVED:        (Finlayson/Morrison)

 

That Council agree to the closure and sale to Mr N and Mrs F Matthew the entire length of unformed Council Road within Lot 189 in DP 755564 as shown on the plan attached to this report (subject to survey) provided that Mr and Mrs Matthew:

 

a)          Enter into a formal and binding agreement with Council to pay all costs associated with the closure and sale including (but not limited by) survey, legal, valuation and Council fees.

 

b)          Consolidate the title of the closed road with their existing holding thereby creating one (1) lot after the road closure has been finalised.

 

 

 

ITEM 11.6    T006/2015           280515      Tender T006/2015 for Construction of a Skate Park at Macksville Park

860/15 RESOLVED:        (Flack/South)

 

1        That Council accept the conforming submission for T006/2015 Construction of a Skate Park at Macksville Park from Precision Skate Parks 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

 

 

 

ITEM 11.7    SF453                280515      Waste Management – Coffs Coast Waste Service Regional Waste and Resource Recovery Strategy

861/15 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council receives and note the information provided in the Coffs Coast Waste Service Regional Waste and Resource Recovery Strategy report.

 

2        That Council nominates and appoints the Mayor, Cr Rhonda Hoban, to the Coffs Coast Waste Services Regional Waste Committee.

 

3        That the General Manager, Assistant General Manager Engineering Services and Waste Management Officer attend the Coffs Coast Waste Services Regional Waste Committee.

 

 

 

ITEM 11.8    SF1621              280515      Off River Storage Adaptive Management - River Monitoring Committee

862/15 RESOLVED:        (Ainsworth/MacDonald)

 

That Council note the information provided on Adaptive Management for the off river storage and the proposed scheduling of the first meeting of the River Monitoring Committee meeting in late July or August 2015.

 

     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

863/15 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:

 

 

 


General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF791                280515      Valla Growth Area - Acquisition of Employment Land

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    T006/2015           280515      Tender T006/2015 Construction of a Skate Park at Macksville Park

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 7.40 pm.

 

RESUME IN OPEN MEETING

 

864/15 RESOLVED:        (Ainsworth/South)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 8.00 pm.

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

 

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF791                280515      Valla Growth Area - Acquisition of Employment Land

865/15 RESOLVED:        (Finlayson/Ainsworth)

 

That Council make an offer for the purchase of Lot 2 DP 1173066, 6857 Pacific Highway, Valla in accordance with the market appraisal referred to in the report.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    T006/2015           280515      Tender T006/2015 Construction of a Skate Park at Macksville Park

866/15 RESOLVED:        (Ainsworth/Morrison)

 

That Council note the tendered sums and assessment results enclosed for T006/2015 Construction of a Skate Park at Macksville Park.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 8.05 pm. 

 

Confirmed and signed by the Mayor on 11 June 2015.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)