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)

Monika Schuhmacher (Minute Secretary)

 

 

 

APOLOGIES

 

Paul Gallagher (AGM Engineering Services)

 

 

PRAYER

 

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

 

 

DISCLOSURE OF INTEREST

 

Councillor K MacDonald declared a pecuniary interest in Item 11.1 Proposed Pressure Sewerage for South Nambucca under the Local Government Act as Cr MacDonald’s sister owns a property in the proposed target area and Council’s decision may have a financial impact on her property..  Cr MacDonald left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 10 September 2015

1024/15 RESOLVED:       (MacDonald/Flack)

 

That the minutes of the Ordinary Council Meeting of 10 September 2015 be confirmed subject to the following amendment:

 

Page 6         Disclosures: All Disclosures of Interest should have been recorded as Non Pecuniary – Less Significant Conflicts.


 

 

DELEGATION AND PUBLIC FORUMS

RESOLVED:

 

That the following PUBLIC FORUMS and DELEGATION be heard:

 

PUBLIC FORUMS

i)        Mr Mark Ladkin, President Argents Hill Hall Committee of Management

ii)       Mr David Phillips - Secretary Argents Hill Hall Committee of Management - Road Maintenance

iii)      Mr Jim Cameron -  Condition of Road and World Rally

iv)      Ms Diana Desic -  Roadside Verges and Ranger's responsibilities

v)       Mr Barry Tasker - Road Condition

 

DELEGATION

 

ITEM 9.9      Koala Habitat Study and Vegetation Mapping - Results and Recommendations

i)           Mr John Turbill on behalf of Office of Environmental Heritage

 


 

ITEM 9.9      SF1804              240915      Koala Habitat Study and Vegetation Mapping -  Results and Recommendations

1025/15 RESOLVED:       (Flack/Ainsworth)

 

That Council thank Mr Turbill for his informative presentation regarding the Koala habitat in the Nambucca Valley.

 

1026/15 Resolved:       (Flack/Smyth)

 

1        Subject to the Office of Environment & Heritage providing “in kind” or financial assistance, that Council commence the preparation of the Comprehensive Koala Plan of Management for the Coastal Part of the shire.

 

2        Subject to the Office of Environment & Heritage providing “in kind” or financial assistance, that Council arrange further surveys (both community and field) and data analysis in the precincts 2 and 3 to better understand and document the distribution and status of any koala populations in these areas.

 

3        Council work with landholders, government agencies and departments and the community to promote the protection and management all Primary, Secondary A and Secondary B koala habitat mapped in this study.

 

4        The areas mapped as ‘Core Koala Habitat’ within the meaning of State Environmental Planning Policy 44 – Koala Habitat Protection should be a key focus for council in promoting koala habitat protection, threats management, habitat regeneration and corridor establishment, including seeking landholder support through targeted awareness, education and funding opportunities.

 

5        That Council develop a register of landholders interested in environmental management and/ or improvements on private land in the shire to assist in the development of future grant applications. A call for expressions of interest be added to the next rates notice.


 

 

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                240915      Outstanding Actions and Reports

1027/15 RESOLVED:       (MacDonald/Ainsworth)

 

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

 

1028/15 Resolved:       (Flack/Smyth)

 

That Council advise the Minister of its determination in relation to the land at Gordon Park and provide him with a copy of Council’s resolution.

 

Note: Cr Morrison requested that his vote be recorded against this resolution concerning item 11 in Outstanding Actions as he believes Council has not followed due process.


 

 

ITEM 9.2      SF979                240915      Shared Services

1029/15 RESOLVED:       (Ainsworth/Flack)

 

That the information in the report be received and that this item be deferred until Council can workshop the matter on Friday 9 October 2015.


 

 

ITEM 9.3      SF830                240915      Election of Deputy Mayor 2015-2016

1030/15 RESOLVED:       (Flack/Smyth)

 

1        That the election of a Deputy Mayor proceed by ordinary (secret) ballot if a ballot is required.

 

2        That nominations be invited and received by the General manager as returning Officer for the election of Deputy Mayor.

 

3        That the election of Deputy Mayor proceeds.

 

1031/15 Resolved:       (Finlayson/South)

 

4        That it be noted that the Mayor declares Cr Ainsworth Deputy Mayor for the term of office expiring in September 2016. 

 

5        That the Division of Local Government be advised of the outcome of the election and Council’s website be updated.


 

 

ITEM 9.4      SF842                240915      Committees of Management - Facilities and Events

1032/15 RESOLVED:       (Finlayson/Ainsworth)

 

That Council note the roster for attendance at the Annual General Meetings for Section 355 Committees.


 

 

ITEM 9.5      SF770                240915      Inquiry into economic development in Aboriginal communities

1033/15 RESOLVED:       (Flack/Finlayson)

 

That Council forward a submission to the Inquiry into Economic Development in Aboriginal Communities proposing that the existing network of Local Aboriginal Land Councils be encouraged and mentored to undertake further economic development, and particularly to secure an on-going return from some of the land they own or control.  Further that ther be consultation with the Muurrbay Language Centre.


 

 

ITEM 9.6      PRF16                240915      E J Biffin Playing Fields - Settlement of Purchase and Classification of Land

1034/15 RESOLVED:       (Flack/South)

 

1        That Council note the information concerning the settlement of the sale of land for the HealthOne Facility and the arrangements which are being made for the funding of projects at E J Biffin Fields and the presentation of a cheque to the Nambucca Valley Cancer Support Group Inc.

 

2        That a site inspection be undertaken in relation to the proposed classification of the land and the planned expenditure of the proceeds from the sale of the land for the Health One facility.


 

 

ITEM 9.7      SF621                240915      Notification of "Future Acts" under the Native Title Act 1993

1035/15 RESOLVED:       (Flack/South)

 

1        Council note the requirement for notification of “future acts” under the Native Title Act 1993.

 

2        That Council amend its “pro-forma” for Part 5 assessments under the Environmental Planning and Assessment Act to include consideration of the requirement to notify NTSCORP of “future acts” under the Native Title Act and particularly under Section 24KA.


 

 

ITEM 9.8      SF42                  240915      Fit for the Future - Joint Organisations Emerging Directions Paper

1036/15 RESOLVED:       (Ainsworth/Smyth)

 

That Council make a submission to the Office of Local Government in relation to the Emerging Directions Paper outlining the concerns identified in this report.

 

1037/15 Resolved:       (Finlayson/Ainsworth)

 

That the finalisation of the submission be deferred until Council has undertaken a workshop to discuss a strategy regarding the proposed Joint Organisations.  The workshop to be held on Friday 9 October 2015 commencing at 9.00 am in the Council Chambers.


 

Item 9.9 was dealt with under Delegations.


 

 

ITEM 9.10    SF453                240915      Waste Management - Coffs Coast Region Resource Recovery & Waste Management Strategy

1038/15 RESOLVED:       (Flack/Ballangarry)

 

1        That Council approve the public exhibition of the Draft Coffs Coast Region Resource Recovery & Waste Management Strategy 2015-2027.

 

2        That following the additional endorsement of the Draft Coffs Coast Region Resource Recovery & Waste Management Strategy 2015-2027 by Bellingen Shire Council and Coffs Harbour City Council, that the Councils, publicly exhibit and invite submissions on the draft Coffs Coast Region Resource Recovery & Waste Management Strategy 2015-2027 for a period of 28 days.

 

3        That a further report be presented to Council, following public exhibition of the Draft Coffs Coast Region Resource Recovery & Waste Management Strategy 2015-2027.

 

4        That Coffs Harbour City Council be requested to expedite the investigation and establishment of a comprehensive and inclusive governance structure for the operation of all aspects of the Councils’ waste services.  An appropriate structure may be a company jointly owned by the Councils or a subsidiary entity foreshadowed in the Joint Organisations Emerging Directions Paper.


 

 

ITEM 9.11    SF2038              240915      Outstanding DA's greater than 12 months, applications where submissions received not determined from 2 September 2015 to 15 September 2015

1039/15 RESOLVED:       (Flack/Morrison)

 

That the information be noted by Council.


 

 

ITEM 9.12    SF1148              240915      Council Ranger's Report August 2015

1040/15 RESOLVED:       (South/MacDonald)

 

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


 

 

ITEM 9.13    DA2014/198        240915      Modification Application Assessment Report for DA2014/198

1041/15 RESOLVED:       (Finlayson/Ainsworth)

 

That Council as the consent authority, pursuant to Section 96 of the Environmental Planning and Assessment Act 1979, modify development consent DA2014/198 for a 26 lot subdivision at Lot 42 DP 711098 - Old Coast Road, North Macksville by amending conditions 1, 2, 21 & 23 of the original consent as outlined within attachment 4 of this report.

 

Note: Cr Morrison left the meeting at 8.40 pm and returned after the conclusion and voting on this item at 8.45 pm.

 

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

Against the Motion:         Nil


 

 

ITEM 9.14    SF674                240915      Extension of Existing Contract for Kerbside Waste Collection and Recycling

1042/15 RESOLVED:       (MacDonald/Ainsworth)

 

1        That pursuant to Section 55(3)(i) of the Local Government Act, Nambucca Shire Council does not call Tenders, at this time, for the Kerbside Waste Collection and Recycling Services (Contract 04/05-183-TO Part 1) due to extenuating circumstances comprising:

 

a        The need for the Regional Resource Recovery and Waste Management Strategy ('Waste Strategy') to be in place before further waste contracts are let to ensure that a cohesive, strategic approach is taken to the delivery of waste services, defining which approach represents best value for rate payers.

b        Economies of scale that could be achieved by including the services under the Collection Contract as part of a future tender for broader waste services.

 

c        There is insufficient time to engage a contractor to ensure continuity of the service without an extension to the existing Contract.

 

2        That Council delegate to the General Manager the authority to negotiate with the incumbent Kerbside Collection and Recycling Contractor being Handybin Waste Services (Coffs Harbour) Pty Ltd, the intention being to extend the existing Collection Contract for an initial period of 1 year, with an option to extend for another period of up to 1 year, on notice from Nambucca Shire Council to Handybin.

 

3        That subject to successful negotiations between Coffs Harbour City Council, Bellingen Shire Council, Nambucca Shire Council and Handybin, a further report be brought to Council for the endorsement of the extension of the term of the Collection Contract.

 

4        That Coffs Harbour City Council be requested to expedite the investigation and establishment of a comprehensive and inclusive governance structure for the operation of all aspects of the Councils’ waste services.  An appropriate structure may be a company jointly owned by the Councils or a subsidiary entity foreshadowed in the Joint Organisations Emerging Directions Paper.


 

 

ITEM 9.15    SF1974              240915      Year End Financial Result and Statements - 30 June 2015   

1043/15 RESOLVED:       (MacDonald/South)

 

That the list of revotes be approved and included as subvotes for 2015/16.


 

 

ITEM 9.16    SF452                240915      Nambucca Waste Management Facility

1044/15 RESOLVED:       (Finlayson/Ainsworth)

 

1        The hours of operation for the Nambucca Waste Management Facility be reduced to 8am to 4pm 7 days per week with the Facility to remain closed on all public holidays.

 

2        The Nambucca Waste Management Facility moves to become a cashless facility from 1 July 2016 and in the interim there be extensive advertising of this fact by way of signage at the Waste Depot, by an article in Council’s rates newsletter and through advertising in newspapers.

 

3        That Council advertise 2 x permanent/part time gatehouse attendant positions.


 

 

ITEM 9.17    SF399                240915      Local Government Grants Commission - Details of 2015-16 Grant Calculations and Submissions Relating to 2016/17 Grants

1045/15 RESOLVED:       (Flack/Ainsworth)

 

That the information from the Local Government Grants Commission on the 2015-2016 grant calculations and submissions relating to the 2016-17 grants be received.


 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF2114              240915      Financial Report – Statement By Councillors And Management – 30 June 2015

1046/15 RESOLVED:       (Flack/Finlayson)

 

1        That the Mayor, Deputy Mayor, the General Manager and Responsible Accounting Officer be authorised to sign the Statement on the General Purpose Financial Reports by Councillors and Management made pursuant to Section 413(2) (C) of the Local Government Act.

 

2        That the Mayor, Deputy Mayor, the General Manager and Responsible Accounting Officer be authorised to sign the Statement on the Special Purpose Financial Reports by Councillors and Management made pursuant to the Local Government Code of Accounting Practice and Financial Reporting.


 

 

ITEM 10.2    SF355                240915      Tabling of Returns Disclosing Interests of Councillors and Designated Persons - September 2015

1047/15 RESOLVED:       (Flack/Finlayson)

 

That the returns disclosing interests of Councillors and designated persons, for the period ended 30 June 2015 be tabled.


 

 

ITEM 10.3    SF321                240915      Missabotti Community Centre Committee of Management AGM - 9 August 2015 - Minutes

1048/15 RESOLVED:       (Flack/MacDonald)

 

That Council endorse minutes of the Committee of Management for the Missabotti Community Centre’s Annual General Meeting held on 27 July 2014, and thank the outgoing Committee for their work in the past twelve months.


 

 

Assistant General Manager Engineering Services Report

 

Cr MacDonald left the meeting for this Item at 9.02 pm and returned after the conclusion of the Item at 9.21 pm.

 

ITEM 11.1    SF2139              240915      Proposed Pressure Sewerage for South Nambucca

1049/15 RESOLVED:       (Ainsworth/Finlayson)

 

That Council:

 

a        Limit the design of the pressure sewerage to cater for properties along the current Pacific Highway from Teagues Creek as far south as Pelican Park only, excluding the future connection of Kingsworth Estate.

 

b        Seek Expressions of Interest from suitably qualified parties for the Design and Construction of a pressure sewerage system to serve the South Nambucca Area based on the concept design report previously documented.

 

c        Request a fee proposal NSW Public Works for the preparation of a specification document for the design and construction contract and engage them to complete the documentation if it is considered to be reasonable.

 

d        Inform all property owners in the area to be serviced by the pressure sewerage system of their required contribution and that connection to the system will be mandatory.

 

e        Utilise the grant funding to provide a direct subsidy to property owners required to connect to the system at a rate of $3,955 / Equivalent Tenement,

 

f         Develop a Pressure Sewerage Policy and an Information Package for residents detailing their responsibilities for helping to ensure that the system operates in a satisfactory manner

 

g        Provide funding in the 2016/17 budget for the design and construction of the sewerage system.


 

 

ITEM 11.2    SF931                240915      T191516MNC Tender for Supply, Delivery & Placement of Road Resurfacing.

1050/15 RESOLVED:       (Ainsworth/Finlayson)

 

1        That Council award contract T191516MNC Supply, Delivery & Placement of Road Resurfacing as a Panel Source Tender by Category to allow Council the best opportunity of price and flexibility of services the period 1 October 2015 to 30 September 2018, and

 

2        That a provision be allowed by Council for a 12 month extension based on satisfactory supplier performance, which may take this contract through to 30 September 2019.

 

3        That Council endorse the price matrix for the tenders as provided in the confidential report for T191516MNC Supply, Delivery & Placement of Road Resurfacing as a Panel Source Tender.

 

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

Against the Motion:         Nil


 

 

ITEM 11.3    Q017/2015          240915      Quotation Q017/2015 - Preparation of Reports - Pacific Highway Assets Handover

1051/15 RESOLVED:       (Smyth/Finlayson)

 

1        That Council vote an amount of $100,000.00 from working funds towards the engagement of a qualified consultant to undertake an independent assessment of the Pacific Highway assets.

 

2        That Council engage Greg Powter Consulting to undertake an independent assessment of the Pacific Highway assets.

 

3        That Council receive a further report and briefing from the Greg Powter Consulting once an independent assessment has been completed.

 

4        That Council note the quotations from consultants as provided in the confidential report.

 

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)

1052/15 RESOLVED:       (Flack/Ballangarry)

 

That confidential documents in Closed relating to tenders be noted.


 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 9.30 pm. 

 

Confirmed and signed by the Mayor on 15 October 2015

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)