PRESENT

 

Cr John Ainsworth, Deputy Mayor

Cr Brian Finlayson

Cr Martin Ballangarry OAM

Cr Kim MacDonald

Cr Paula Flack

Cr Anne Smyth

Cr Bob Morrison

Cr Elaine South

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Keith Williams (Manager Technical Services)

Daniel Walsh (Senior Town Planner)

Monika Schuhmacher (Minute Secretary)

 

 

 

APOLOGIES

 

Cr Rhonda Hoban (Mayor)

Paul Gallagher (AGM Engineering Services)

 

 

DISCLOSURE OF INTEREST

 

Councillor PF Flack declared a non-pecuniary less significant conflict of interest in Item 11.2 Minutes of NSW Rural Fire Service Liaison Committee meeting 12 August 2015 – Service Level Agreement 2015 under the Local Government Act as Cr Flack is a non-executive member of North Arm Brigade which is proposed to receive a replacement Cat 9 vehicle for $109,000. 

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 24 September 2015

1053/15 RESOLVED:       (South/MacDonald)

 

That the minutes of the Ordinary Council Meeting of 24 September 2015 be confirmed.


 

 

NOTICE OF MOTION - CR Morrison

 

ITEM 5.1      SF2049              151015      Notice of Motion - Request for Leave - Cr Bob Morrison

1054/15 RESOLVED:       (Morrison/Finlayson)

 

That Cr Bob Morrison be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 16 November 2015 to 7 December 2015 inclusive.


 

 

NOTICE OF MOTION - CR Smyth

 

ITEM 5.2      SF2049              151015      Notice Of Motion - Community Directory On Council’s Website (SF1492)

1055/15 RESOLVED:       (Smyth/Flack)

 

1        That a Local Community Directory page is provided on Council’s website, where locally-based not-for-profit community groups and organisations can have their websites listed.  Where a group does not have a website, but wishes to be listed in the directory, their contact information is to specify the Nambucca Shire Guide. 

 

2        That the directory includes a disclaimer stating that Council does not endorse content of linked sites.

 

3        That the requirements for obtaining a listing on Council’s directory be similar to those listed on the Clarence Valley Council’s Community Directory.


 

 

NOTICE OF MOTION - CR Smyth – LATE

 

ITEM 5.3      SF2049              151015      Notice of Motion - Request for Leave - Cr Anne Smyth (SF1228)

1056/15 RESOLVED:       (Smyth/Flack)

 

That Cr Anne Smyth is granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 16 October 2015 to 11 November 2015, inclusive.


 

 

DELEGATIONS

 

RESOLVED:

 

That the following delegations be heard:

 

ITEM 9.8      DA2015/103 Proposed Outdoor Target Shooting Range

 

          i)       Ms Lyn Mackay on behalf of shooting range

 

1057/15 Resolved:       (Flack/Smyth)

 

That Ms Mackay be granted an extension of time to address Council.

 

          ii)      Mr Jeff Unwin on behalf of shooting range

 

1058/15 Resolved:       (Flack/Smyth)

 

That Mr Unwin be granted an extension of time to address Council.

 

          iii)     Mr Elwin Locke

          iv)      Mr Dallas Dent

 

 

ITEM 9.8      DA2015/103        151015      Proposed Outdoor Target Shooting Range

1059/15 RESOLVED:       (Flack/Smyth)

 

That this item be deferred to the next Council meeting which is scheduled for 29 October 2015.


 

 

ASKING OF QUESTIONS WITH NOTICE

 

Questions with notice were received from Cr Flack.

 

ITEM 7.1      SF688                151015      Questions with Notice: Recruitment of the Natural Resources Officer

Motion:      (Flack/Smyth)

 

That Council advertise for a Natural Resources Officer to be engaged for two days per week using the allocated $30,000 from the Environment Levy.

 

The motion was LOST.


 

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

There were no questions for the closed meeting where due notice has been received.

 

 

General Manager Report

 

ITEM 9.1      SF959                151015      Outstanding Actions and Reports

1060/15 RESOLVED:       (South/Finlayson)

 

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

 

Motion:      (Morrison/South)

 

That the letter regarding item 19 in Outstanding Actions in relation to land at Gordon Park not be sent to the Minister.

 

The motion was LOST.


 

 

ITEM 9.2      SF42                  151015      Fit for the Future - Joint Organisations Emerging Directions Paper

1061/15 RESOLVED:       (Finlayson/MacDonald)

 

1        That this item be noted.

 

2        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 and any other matters arising out of the Workshop discussion held on 9 October 2015.

 


1062/15 Resolved:       (Finlayson/MacDonald)

 

That Item 9.15 be brought forward.

 

 

ITEM 9.15    SF42                  151015      Fit for the Future - Joint Organisation Emerging Directions Paper - Report on Councillor Workshop 9 October 2015

1063/15 RESOLVED:       (Finlayson/Smyth)

 

That Council include the concerns detailed in this report in the submission to the Office of Local Government in response to the Joint Organisations Emerging Directions Paper.

 


 

 

 

ITEM 9.4      SF821                151015      Nominations to Board and Deputy Board Positions on Gaagal Wanggaan (South Beach) National Park Board of Management

1064/15 RESOLVED:       (Ballangarry/Flack)

 

 

That Councillors Ballangarry and Cr Ainsworth be the two Councillors for the position of Board and Deputy Board members to the Gaagal Wanggaan (South Beach) National Park Board of Management.


 

 

ITEM 9.5      SF979                151015      Shared Services

1065/15 RESOLVED:       (Finlayson/Morrison)

 

That based on the Workshop discussion held on 9 October 2015, that Council be a party to a Memorandum of Understanding for the provision of shared services with Bellingen, Kempsey and Gloucester Councils.


 

 

ITEM 9.6      SF2052              151015      Proposed Mosaic - Nambucca Heads Post Office Corner

1066/15 RESOLVED:       (Morrison/Flack)

 

1        That Council note the information concerning the proposal of the Nambucca Heads and Valla Beach Chamber of Commerce and Industry Inc. to develop a major piece of public art in Nambucca Heads in the form of a ceramic mosaic and the request for Council assistance being the provision of approvals; the construction of a strip footing and retaining wall; the removal of the existing planter box; and the lifting in of two boomerang bench seats.

 

2        There be a further report to Council on the funding of the project once the grant applications have been determined.


 

 

ITEM 9.7      SF2037              151015      Minutes of the Nambucca Shire Council Access Committee meeting held 22 September 2015

1067/15 RESOLVED:       (South/Smyth)

 

1        That the Missed Business Booklet be placed on Council’s website, after updating contact details, and that the Chambers of Commerce be made aware of it so that businesses can maximise the opportunity to cater to clients of all abilities.

 

2        That Council endorse the remaining minutes of the Nambucca Shire Council Access Committee meeting held 22 September 2015.


 

Item 9.8 was dealt with under Delegations.


 

 

ITEM 9.9      LF780                 151015      Gumma Shooting Range

1068/15 RESOLVED:       (Flack/MacDonald)

 

Council note that the person who is suspected of causing a pollution incident as a result of the operation of the former target shooting range at Lot 215 DP 1022234, 816-846 Gumma Road, Gumma has been issued with a direction to take clean-up action in accordance with section 91 of the Protection of the Environment Operations Act 1997.  Council has no statutory power to defer determination of development application DA2015/103 until the above clean-up action is undertaken or incorporate such works into any development consent.

 

1069/15 Resolved:       (Flack/Ballangarry)

 

That Council receive a report on other contaminated shooting sites and whether or not they should be listed on Council’s record of contaminated sites.


 

 

ITEM 9.10    SF2066              151015      Bowra Dam - Onsite visit by Council

1070/15 RESOLVED:       (Finlayson/MacDonald)

 

That it be noted that Council attended an onsite visit of the Bowra Dam on Thursday 15 October 2015.


 

 

ITEM 9.11    SF2038              151015      2015 September - Development and Complying Development - Applications Received

1071/15 RESOLVED:       (Finlayson/South)

 

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


 

 

ITEM 9.12    SF1148              151015      Council Ranger's Report September 2015

1072/15 RESOLVED:       (Finlayson/Morrison)

 

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


 

 

ITEM 9.13    SF2038              151015      2015 September - Construction And Complying Development - Certificates Approved

1073/15 RESOLVED:       (Finlayson/Morrison)

 

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


 

 

ITEM 9.14    DA2012/011        151015      Proposed 330 Lot Residential Subdivision, Bellwood - Request to Offset Cost of Constructing the Link Road Against Council Contributions

1074/15 RESOLVED:       (Finlayson/Morrison)

 

That this item be deferred.


 

 

General Manager Report – LATE

 

ITEM 9.16    DA2014/098        151015      Modification to Approved Community Facility

1075/15 RESOLVED:       (Finlayson/Flack)

 

That Council as the consent authority, pursuant Section 96 of the Environmental Planning and Assessment Act 1979, modify development consent DA2014/098 for additions to a community facility at Lot 147 DP 711481, subject to the modified schedule of conditions outlined in attachment 3 of the report to Council: and a further consent condition that no fill be delivered to the site unless the source of the fill has been confirmed and approved by Council staff.

 

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

Against the motion:         Nil


 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF1120              151015      Grant Application Status Report

1076/15 RESOLVED:       (MacDonald/Finlayson)

 

1           That Council receive the list of grant applications to 30 September 2015.

 

2        That Council approve the fixture of the Council’s seal upon future funding agreements which arise from successful grant applications that have been identified in the grant status report.


 

 

ITEM 10.2    SF2116              151015      Investment Report to 30 September 2015

1077/15 RESOLVED:       (Finlayson/MacDonald)

 

That the Accountants’ Report on Investments placed to 30 September 2015 be noted.


 

 

ITEM 10.3    SF251                151015      Schedule of Council Public Meetings

1078/15 RESOLVED:       (Flack/MacDonald)

 

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    SF130                151015      Mid North Weight of Loads Group meeting - 9 March 2015

1079/15 RESOLVED:       (Finlayson/Flack)

 

That Council receive and note the minutes of the Mid North Weight of Loads Group meeting held on 14 September 2015.


 

 

ITEM 11.2    SF85                  151015      Minutes of NSW Rural Fire Service Liaison Committee meeting 12 August 2015 – Service Level Agreement 2015

1080/15 RESOLVED:       (Finlayson/Morrison)

 

1        That Council receive, note the report and endorse the minutes for the RFS Liaison Committee Meeting Service Level Agreement – 2015 held on 12 August 2015.

 

2        That Council place an amount of $17,560.00 for the upgrade of the Eungai Brigade amenities upgrade in the draft 2016/17 budget for consideration.

 

3        That Council place an amount of $24,187.00 for plant replacement in the draft 2016/17 budget for consideration.


 

 

ITEM 11.3    SF2071              151015      Concern with World Rally Reconnaissance Sessions

1081/15 RESOLVED:       (Flack/South)

 

1        That Council provide feedback to NSW Premier & Cabinet through the Rally Australia 2015 – Traffic and Transport Debrief meeting as follows:

 

a)   Expressing its concern with the severity of accidents involved during the reconnaissance sessions; and

 

b)   That further measures need to be implemented to reduce the likelihood of accidents during future events; and

 

2          That Council receive a further report from the Assistant General Manager Engineering Services regarding the damage to roads and roadside furniture, the compensation offered, and also that the insurance status of the cars be reported on.

 

3          That Council issue a media release concerning the actions it is taking in regard to the World Rally.


 

 

ITEM 11.4    SF95                  151015      Suitability of Nose-to-Kerb Parking within Nambucca Shire

Motion:      (Morrison/Flack)

 

1        That Council note the contents of the report and retains existing rear-to-kerb angled parking arrangements throughout the Nambucca Shire townships, with the exception of

 

·      That, subject to consideration of the Local Traffic Committee and in consultation with the Macksville Chamber of Commerce and Industry, Council endorses a 6 month trial of nose-to-kerb on-street parking arrangements in River Street (West) adjacent to the river bank.

 

2           That after the 6 month trial period of nose-to-kerb on-street parking arrangements in River Street (West) adjacent to the river bank Council receive a further report on the outcome of the trial period.

 

Amendment:       (Smyth/Morrison)

 

1        That, subject to consideration of the Local Traffic Committee and in consultation with the Macksville Chamber of Commerce and Industry, Council endorses a 6 month trial of nose-to-kerb on-street parking arrangements in River Street (West) adjacent to the river bank.

 

2        That after the 6 month trial period of nose-to-kerb on-street parking arrangements in River Street (West) adjacent to the river bank Council receive a further report on the outcome of the trial period.

 

3        That the Nambucca Chamber of Commerce be asked their position as to whether they prefer nose to kerb or rear to kerb parking.

 

The amendment was carried and it became the motion

 

1082/15 Resolved:       (Smyth/Morrison)

 

1        That, subject to consideration of the Local Traffic Committee and in consultation with the Macksville Chamber of Commerce and Industry, Council endorses a 6 month trial of nose-to-kerb on-street parking arrangements in River Street (West) adjacent to the river bank.

 

The motion was carried.

 

Note:           Cr Macdonald recorded her vote against this resolution as she does not support a trial under any circumstances.

Note :          Cr Finlayson recorded his vote against this resolution as he does not support nose to kerb parking under any circumstances.

 

2        That after the 6 month trial period of nose-to-kerb on-street parking arrangements in River Street (West) adjacent to the river bank Council receive a further report on the outcome of the trial period.

 

The motion was carried.

 

Note:           Cr Macdonald recorded her vote against this resolution as she does not support a trial under any circumstances.

Note :          Cr Finlayson recorded his vote against this resolution as he does not support nose to kerb parking under any circumstances.

Note:           Cr Ainsworth recorded his vote against this resolution as he does not support nose to kerb parking.

 

The motion was carried.

 

3        That the Nambucca Chamber of Commerce be asked their position as to whether they prefer nose to kerb or rear to kerb parking.


 

 

ITEM 11.5    T015/2015           151015      Tender T015/2015 Cleaning of Council Buildings for period commencing 1 October 2015 to 30 September 2018

1083/15 RESOLVED:       (Flack/Finlayson)

 

That Council accept tender T015/2015 for the cleaning of Council’s buildings submitted by KAMZ Cleaning Services for a three (3) year period commencing on 1 October 2015 and terminating on 1 October 2018.

 

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

Against the motion:         Nil


 

 

ITEM 11.6    SF90                  151015      Nambucca Shire Traffic Committee Meeting Minutes - 6 October 2015

1084/15 RESOLVED:       (Flack/Smyth)

 

That Council:

 

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

 

          That Council approve a request from the Rotary Club of Macksville to conduct the Nambucca River Festival, noting the following has been received:

 

·      Certificate of Currency for Public Liability Insurance

·      Traffic Management Plan confirming Accredited Traffic Controllers will be on site, and

·      Police and Roads and Maritime Services approval for the road closures.

         

          That Council endorse road closures for the Nambucca River Festival to be held between 6.00am Saturday 28 November to 3pm Sunday 29 November in Macksville as follows:

 

·      River Street (west) - Pacific Highway to Princess Street

·      Princess Street – Mackay Street to River Street

·      McKay Street Car Park

·      Wallace Lane and;

·      River Street (east) - Pacific Highway to Willis Street - 9am Friday 27 November 3pm    Sunday 29 November.

·      Wallace Street and Princess – Ferry Street to Mackay Street -  for 5 minutes between 9.00am to 9.15am Sunday 29 November.

2        That Council approve the installation of NO STOPPING signs on Piggott Street Nambucca Heads, at the entrance Riverside Gardens Retirement Village.

 

3        That Council contact project managers to remind contractors of road rules relating to parking near intersections.

 

4        That Council allocate three (3) NO PARKING spaces on Ridge Street, Nambucca Heads immediately outside the Nambucca Heads Public school gate with the parking restrictions being 8.00am – 9.30am and 2.30pm - 4.00pm school days.

 

5        That Council make the following adjustments to the Medlow Public School Zone:

 

a)       Establish a designated bus zone from 8.30am- 9.15am and 2.30pm - 3.15pm school days;

b)       Remove the school crossing markings and flags; and

c)       Arrange for the installation of dragons teeth road markings and speed patches to be placed within the school zone.

 

6        That Council note the Local Traffic Committee has received the concerns of Council relating to the reconnaissance sessions of the World Rally Championships.

 

7        That Council note that representations will be made by NSW Police to the Rally Traffic and Transport debrief and RMS Traffic Operations will be advised of Council’s concerns.

 

8        That Council does not permanently close two parking bays in the front of the Macksville War Memorial as requested by the Macksville Sub Branch, RSL of Australia.


     

 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

Resolved:          (South/Finlayson)

 

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:


 

 

Assistant General Manager Engineering Services Report

 

For Confidential Business Paper in Closed Meeting

ITEM 12.1    T015/2015           151015      Evaluation for Tender T015/2015 Cleaning of Council Buildings for period commencing 1 October 2015 to 30 September 2018

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.


 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF2047              151015      Proposed Outdoor Shooting Range - Confidential Attachment - Submissions

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.


 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.3    SF791                151015      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.


 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 8.09 pm.

 


 

 

RESUME IN OPEN MEETING

 

RESOLVED:                   (South/Morrison)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 8.17 pm.

 

 

 

FROM COUNCIL IN CLOSED MEETING

 

Assistant General Manager Engineering Services Report

 

For Confidential Business Paper in Closed Meeting

ITEM 12.1    T015/2015           151015      Evaluation for Tender T015/2015 Cleaning of Council Buildings for period commencing 1 October 2015 to 30 September 2018

1085/15 RESOLVED:       (Flack/Morrison)

 

That Council note the information on the tender evaluation form for T015/2015 Cleaning of Council Buildings for the period commencing 1 October 2015 to 30 September 2018, and appoint KAMZ Cleaning Services.


 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF2047              151015      Proposed Outdoor Shooting Range - Confidential Attachment - Submissions

1086/15 RESOLVED:       (Flack/South)

 

That Council note the confidential attachment to Item 9.6 – submissions to DA2015/103


 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.3    SF791                151015      Valla Growth Area - Acquisition of Employment Land

1087/15 RESOLVED:       (Smyth/Morrison)

 

That Council note the information concerning the acquisition of employment land at the Valla Growth Area.


 

 

CLOSURE

 

There being no further business the Deputy Mayor then closed the meeting the time being 8.18 pm. 

 

Confirmed and signed by the Deputy Mayor on 29 October 2015.

 

 

 

 

CR JOHN AINSWORTH

DEPUTY MAYOR

(CHAIRPERSON)