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

 

 

ALSO PRESENT

 

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

 

APOLOGIES

 

Cr Elaine South

General Manager, Michael Coulter

 

 

PRAYER

 

Pastor Paul Richardson from the Seventh Day Adventist Church offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor BJ Finlayson declared a pecuniary interest in Item 11.1 Off River Storage Adaptive Management - River Monitoring Committee Meeting 5 August 2015  under the Local Government Act as Cr Finlayson is the owner of a property downstream from the dam and may be perceived to have some interest in water flow rates.  Cr Finlayson left the meeting for this item.

 

Councillor K MacDonald declared a pecuniary interest in Item 11.3 Nambucca Shire Traffic Committee Meeting Minutes - 7 April 2015 under the Local Government Act as (with regard to point 8) Cr MacDonald’s employer is currently in discussion with Council to put in a Bowser at the Macksville Industrial Estate which may be seen in part to be in competition with Caltex Nambucca Heads. Cr MacDonald left the meeting for this item.

 

Councillor BJ Finlayson declared a pecuniary interest in Item 11.3 Nambucca Shire Traffic Committee Meeting Minutes - 7 April 2015 under the Local Government Act as Cr Finlayson is the director of the company that has interests in land in the Wirrimbi area.  Cr Finlayson left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 13 August 2015

 

979/15 RESOLVED:        (MacDonald/Smyth)

 

That the minutes of the Ordinary Council Meeting of 13 August 2015 be confirmed.


 

 

NOTICE OF MOTION - CR AINSWORTH

 

ITEM 5.1      SF2049              270815      Notice of Motion - Naming of New Bridge over Nambucca River at Macksville (SF2033)

980/15 RESOLVED:        (Ainsworth/MacDonald)

 

That Council support the naming of the new traffic bridge over the Macksville River, the Phillip Hughes Bridge in honour of the late Phillip Hughes and his sporting achievements.

 


 

 

PUBLIC FORUM

 

RESOLVED:

 

That the following delegations be heard:

 

i)       Mr Peter Dart        How will NSC adapt to & mitigate climate change

ii)      Ms Rosario Pangahas - Kerb and gutter – request for financial assistance

 

 

981/15 Resolved:        (Finlayson/Ainsworth)

 

That Ms Pangahas be informed that the kerb and gutter in front of her property complies with Australian Standards and that no further action will be taken by Council.


 

 

982/15 Resolved:        (Flack/Smyth)

 

That Item 9.4 be brought forward as there were interested parties in the public gallery.

 

 

ITEM 9.4      SF2038              270815      Outstanding DA's greater than 12 months, applications where submissions received not determined from 4 August 2015 to 18 August 2015

983/15 Resolved:        (Flack/Smyth)

 

That the information be noted by Council.

 

984/15 Resolved:        (Flack/Smyth)

 

That DA2015/103 for the shooting range be called in for determination by Council.


 

 

985/15 Resolved:        (Ainsworth/Finlayson)

 

That Item 9.3 be brought forward as Council’s Strategic Planner was available to answer questions for Council.

 


 

 

986/15 Resolved:        (Flack/Smyth)

 

That the components (a to i) of Item 9.3 below be dealt with individually.

 


 

ITEM 9.3      SF1541              270815      Planning Proposal - Housekeeping Amendments to Nambucca LEP 2010

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:

 

988/15 Resolved:        (Ainsworth/Finlayson)

 

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, Macdonald, Ainsworth, Finlayson, Smyth, Flack, Ballangarry and Morrison            (Total 8)

Against the Motion:     Nil

 

989/15 Resolved:        (Ainsworth/Flack)

 

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, Macdonald, Ainsworth, Finlayson, Smyth, Flack, Ballangarry and Morrison               (Total 8)

Against the Motion:        Nil

 

990/15 Resolved:        (Ainsworth/Finlayson)

 

c.         Rezone Part Lot 701 DP 1054525 from RE1 Public Recreation to part R1 General Residential and part E3 Environmental Management; and include the lot on the ‘Lot Size Map’, ‘Height of Buildings Map’ and on the ‘Floor Space Ratio Map’ with those standards referred to in this body of this report; and

 

Rezone Lot 470 DP 755550 from RE1 Public Recreation to part R3 Medium Density Residential and part E3 Environmental Management; and include the lot on the ‘Lot Size Map’, ‘Height of Buildings Map’ and on the ‘Floor Space Ratio Map’ with those standards referred to in this body of this report.

 

For the Motion:   Councillors Hoban, Macdonald, Ainsworth, Finlayson and Morrison

(Total 5)

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

 

991/15 Resolved:        (MacDonald/Ainsworth)

 

          d.       Amend clause 4.1 (4A) as follows:

(4A) This clause does not apply in relation to the subdivision of land in Zone R1 General Residential, R2 Low Density Residential, R3 Medium Density Residential or R4 High Density Residential:

(a)   If the land contains an existing dual occupancy and there are only 2 lots resulting from the subdivision, with an existing dwelling located on each resulting lot, or

(b)   For the purpose of erecting an attached dwelling or a semi-detached dwelling, or

(c)   If a single development application is made for the subdivision of the land into 2 lots and for the erection of a dwelling house on each of the 2 resulting lots.”

 

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

Against the Motion:        Nil

 

992/15 Resolved:        (Finlayson/Ainsworth)

 

            e.         Rezone Lot 1 DP 560614 from RU3 Forestry to a combination of RU1 Primary Production and RU2 Rural Landscape. Also amend the minimum Lot Size Map for this land to 100HA.

 

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

Against the Motion:        Nil

 

993/15 Resolved:        (Ainsworth/Finlayson)

 

f.          Amend the Land Use table for the R5 Large Lot Residential zone to ensure that Secondary Dwellings are identified as being permissible with consent.

 

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

Against the Motion:        Nil

 

994/15 Resolved:        (Ainsworth/Finlayson)

 

g.         Amend the land use table for the RU1 Primary Production and RU2 Rural Landscape zones by including dual occupancies (detached) as permissible with consent.

 

For the Motion:   Councillors Hoban, Macdonald, Ainsworth, Finlayson and Morrison

(Total 5)

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

 

f995/15 Resolved:       (Finlayson/Ainsworth)

 

h.         Amend the land zoning map by removing the E1 National Parks & Nature Reserves zone from Lot 157 DP 755560 and replace it with the corresponding R1 General Residential and E3 Environmental Management zones.

 

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

Against the Motion:        Nil

 

996/15 Resolved:        (Ainsworth/MacDonald)

 

i.          Amend the land use table to make eco-tourist facilities permissible with consent within the RU1 Primary Production, RU2 Rural Landscape, and R5 Large Lot Residential zones.

 

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

Against the Motion:        Nil

 

 

997/15 Resolved:        (Ainsworth/Morrison)

 

2          The Planning Proposal and associated material be submitted to the Minister for Planning for consideration under Clause 56 of the Act.

 

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

Against the Motion:        Nil

 


 

 

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                270815      Outstanding Actions and Reports

998/15 RESOLVED:        (MacDonald/Ainsworth)

 

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

 

Note:  Cr Ballangarry requested his vote be recorded against this resolution as Council was not given an appropriate response from Fisheries for Item 16 in Outstanding Actions.


 

 

ITEM 9.2      PRF11                270815      Buz Brazel Park - Community Building Partnership Funding Application for a Meeting Place

999/15 RESOLVED:        (Finlayson/MacDonald)

 

1        That Council remove all references to the Scotts Head Sports Fields Committee of Management from its list of Section 355 Committees and advise the Community Building Partnership Program accordingly.

 

2        That Council write to those Committees of Management which have not submitted minutes of their Annual General Meeting or a financial report during the past 18 months and advise       that if these documents are not forthcoming that the Council will remove the Committee’s delegations of authority and insurance coverage.

 

3        That the General Manager be provided with delegated authority to remove Committees of Management from Council’s register of Section 355 Committees where they have not provided minutes of their Annual General Meeting or a financial report during the past 18 months, with a report coming back to Council.

 

4        That Council update its records regarding the name change for the former Nambucca Entertainment Centre to Nambucca Community and Arts Centre.

 


 

 

Item 9.3 was dealt with earlier.

 


 

Item 9.4 was dealt with earlier.

 


 

 

ITEM 9.5      SF1148              270815      Council Ranger's Report July 2015

1000/15 RESOLVED:       (MacDonald/Smyth)

 

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

 


 

 

ITEM 9.6      SF2038              270815      2015 July - Development and Complying Development - Applications Received

1001/15 RESOLVED:       (MacDonald/Finlayson)

 

That the Development Applications and Complying Development Applications received in July 2015 be received for information.


 

 

ITEM 9.7      SF2038              270815      2015 July - Construction And Complying Development - Certificates Approved

1002/15 RESOLVED:       (MacDonald/Finlayson)

 

That the Construction and Complying Development Certificates approved for July 2015 be noted and received for information by Council.


 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF2126              270815      A New Way of Accounting for Wages Costs

1003/15 RESOLVED:       (MacDonald/Ainsworth)

 

That Council note the report.


 

 

ITEM 10.2    SF251                270815      Schedule of Council Public Meetings

1004/15 RESOLVED:       (Ainsworth/Finlayson)

 

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

 

2        That Council bring forward its meeting on 17 December 2015 to 15 December 2015 to coincide with the 100th anniversary of the constitution of the Council and for Councillors and staff to come to the meeting dressed in period attire.

 

3        The representative from Radio 2NVR who attends the meeting on 15 December judge the person with the best period attire and present an appropriate prize.


 

 


ITEM 10.3    SF323                270815      Nambucca Community and Arts Centre Committee of Management Annual General Meeting - 12 August 2015

1005/15 RESOLVED:       (MacDonald/Finlayson)

 

That Council endorse the minutes of the Committee of Management for the Nambucca Community and Arts Centre’s Annual General Meeting held on 12 August 2015 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

Assistant General Manager Engineering Services Report

 

Cr Finlayson left the meeting for Item 11.1 at 7.17 pm and returned after the conclusion of the Item at 7.27 pm.

 

ITEM 11.1    SF1621              270815      Off River Storage Adaptive Management - River Monitoring Committee Meeting 5 August 2015

1006/15 RESOLVED:       (Ainsworth/MacDonald)

 

1        That Council adopt the minutes of the River Monitoring Committee Meeting held on 5 August 2015.

 

2        That Council adopt the Adaptive Management Strategy documented by GHD dated June 2012.

 

3        That Council’s Manager Water and Sewerage further investigate options to provide real time monitoring and report back to Council.

 

4        That the River Monitoring Committee meet annually in August.

 

5        That monitoring be conducted annually in late Spring to capture historical low flow period in the river.

 

6        That the frequency of monitoring be reviewed at the next River Monitoring Committee meeting following the analysis of the data captured.

 

1007/15 Resolved:       (Flack/Smyth)

 

That Council receive a report on the ability of Council to apply for a licence variation to capture a percentage of high flow water at the Bowra Dam for the life of the dam.


 

 

ITEM 11.2    SF1031              270815      Draft Water Supply Policy including Demand Management and Water Conservation

1008/15 RESOLVED:       (Ainsworth/MacDonald)

 

1        That Council approve the draft Water Supply Policy (TRIM 17106/2015) to go on public exhibition for the required period of 28 days.

 

2        That the staff review the impacts on commercial enterprises that are high water users.


 

 

Cr Finlayson and Cr Macdonald left the meeting for Item 11.3 at 7.36 pm and returned after the conclusion of the Item at 7.43 pm.

 

ITEM 11.3    SF90                  270815      Nambucca Shire Traffic Committee Meeting Minutes - 7 April 2015

1009/15 1010/15 RESOLVED:    (Ainsworth/Smyth) 

 

That Council:

 

1        receive and note the agenda and minutes emanating from the Nambucca Shire Traffic Committee held on the 4 August 2015.

 

2        note the concurrence of the Nambucca Shire Traffic Committee and Council’s Resolution No. 953/15 on 30 July 2015 granting approval to close River Street – Wallace Lane to Princess Street for the Vietnam Veterans Day march from 10.00am to midday on 18 August 2015.

 

3        implement one hour parking restrictions within the Council owned McKay Street Car Park, Macksville for 8 parking bays that front the river for a 6 months trial period.

 

4        identify by way of line marking all the parking bays within the McKay Street Car Park.

 

5        install line marking and signs identifying No Stopping zones either side of the pedestrian refuge on Marshall Way adjacent the Nambucca Shopping Plaza.

 

6        install advanced warning signs prior to the refuge on Marshall Way adjacent the Nambucca Shopping Plaza.

 

7        install line marking and reflective pavement markers around the refuge on Marshall Way adjacent the Nambucca Shopping Plaza to provide delineation.

 

9        Request Roads and Maritime Services to conduct a speed zone review of Irvines Road, Newee Creek Road and Wirrimbi Road.

 

8        write to the proprietors of the Caltex Service Station in Mann Street Nambucca Heads, advising them of Council’s and the Nambucca Shire Traffic Committee concerns regarding traffic management adjacent to the entry of their site and the likelihood of potential traffic accidents if measures are not installed to provide a safe access for their customers and passing traffic on the adjacent public roads.

 


 

    

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.45 pm. 

 

Confirmed and signed by the Mayor on 10 September 2015.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)