PRESENT

 

Cr John Ainsworth (Deputy Mayor)

Cr Brian Finlayson

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)

Monika Schuhmacher (Minute Secretary)

 

APOLOGIES

 

Cr Rhonda Hoban (Mayor); Cr Paula Flack

 

PRAYER

 

Father Sheldon Fernandez from the Catholic Church offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor B Morrison declared a non-pecuniary less significant conflict of interest in Item 11.4 Plan of Management for the Unofficial Rest Area on Link Road, Nambucca Heads under the Local Government Act as Cr Morrison is a member of the Lions Club of Nambucca Heads; he holds no Executive position in the Club and is not involved in any decision making committees.

 

Councillor B Morrison declared a non-pecuniary less significant conflict of interest in Item 12.1 Outstanding Water Account under the Local Government Act as Cr Morrison is a member of the Nambucca Heads Golf Club, he holds no Executive position in the Club and is not involved in any decision making committees.

 

Councillor BJ Finlayson declared a pecuniary interest in Item 10.3 Developer Contributions Plan Review: Local Roads and Traffic Infrastructure 2015 - Public Exhibition Period Approval under the Local Government Act as Cr Finlayson is a director of a company with current development applications before Council .  Cr Finlayson left the meeting for this item.


 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 29 October 2015

 

12098/15 RESOLVED:     (South/MacDonald)

 

That the minutes of the Ordinary Council Meeting of 29 October 2015 be confirmed subject to the following amendment:

 

In regard to Item 10.4 – Geotechnical Report – 2 Nelson Street, Nambucca Heads, Cr Morrison’s motion “That Council agree with the Crown Lands recommendation as stated in their letter of 16 January 2014 and supports the revised application of the Leckie’s to acquire a small section of Gordon Park (290m2) in accordance with the recommendation of Crown Lands at a price to be determined by an independent Valuer agreed to by both parties taking into account the costs to the application of having to fix up the retaining wall, present damage to their house and to the land slippage problems”.  The motion was withdrawn.


 

 

PUBLIC FORUM

 

RESOLVED:

 

That the following Public Forum be heard:

 

i)          Mr Paul Foley Use of the Macksville Senior Citizens Centre

·                7 years at Macksville Senior Citizens Centre

·                From $15 to $36 per class

·                Approx. 30 seniors taught in his classes

·                Advised that Mayor said he could use Centre for free but over ruled by Council staff

·                Misguided decision by Council staff (staff misinformed)

·                Venue at Stuarts Point is free and is paid by Kempsey Council to conduct the classes – for the past 7 years

·                Ex services Club will let him use the facility for free

·                Mayor offered to pay from her allowance

·                Highly recommended by recognised USA authorities that people over 64 should undertake weight training (at least)

·                Requested that Mr Foley’s class not be charged – ie it should be free to run a senior citizens activity

 

2099/15 Resolved:       (Finlayson/Morrison)

 

That Council be provided with a report in regard to the increase in Council’s fees for the Macksville Senior Citizens Centre including any grant funding possibilities.


 

 

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                121115      Outstanding Actions and Reports

2100/15 RESOLVED:       (Finlayson/South)

 

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

 


 

 

ITEM 9.2      PRF16                121115      Site Inspection - Proposed Health One Facility - 4 Fred Brain Avenue, Nambucca Heads (EJ Biffin Playing Fields)

2101/15 RESOLVED:       (MacDonald/South)

 

That, as a result of a site inspection on 29 October 2015, Council notes the proposed classification of the land and the planned expenditure of the proceeds from the sale of the land for the Health One facility; and that the proceeds be placed in reserve funds for use on agreed projects at the EJ Biffin Fields and the General Manager review the opportunity for grant funding for any of the proposed items mentioned in the report.

 


 

 

ITEM 9.3      SF657                121115      Representations concerning the Stricter Interpretation of the Australian Government's Natural Disaster Relief and Recovery Arrangements - Response from the Hon. David Elliot MP

2102/15 RESOLVED:       (Finlayson/Smyth)

 

That the information concerning the outcome of representations made by Council in relation to the stricter interpretation of the Australian Government’s Natural Disaster Relief and Recovery Arrangements be received.

 


 

 

ITEM 9.4      SF2025              121115      "Local Government in New South Wales" - Report of NSW Legislative Council General Purpose Standing Committee No. 6

2103/15 RESOLVED:       (Finlayson/South)

 

That the information concerning the report issued by the NSW Legislative Council General Purpose Standing Committee No. 6 into Local Government in New South Wales be received.

 


 

 

ITEM 9.5      PRF30                121115      Rotary Lookout Nambucca Heads - Concept Improvements

2104/15 RESOLVED:       (Morrison/Finlayson)

 

1        That Council endorse the draft concept for staged implementation as funding becomes available.

 

2        That Council note that the Crown does not permit the transfer of $30,000 Crown Reserve grant funds from the pedestrian bridge to the Rotary Lookout improvements; and that Council approach the Minister for Primary Industry, Land and Water advising him of the present situation and that Council is willing to provide matching funding to the funding provided by Rotary and requests the Minister to reconsider their allocation of funds and advising him of the community’s support for this community initiated project

 

3        That Council note the contribution of $3,500 cash and $3,500 in-kind support being offered by Rotary towards the project.

 


 

 

ITEM 9.6      SF1496              121115      Minutes of the Nambucca River, Creeks, Estuaries and Coastline Management Committee Meeting held 17 September 2015

2105/15 RESOLVED:       (MacDonald/South)

 

That Council endorse the minutes of the Nambucca River, Creeks, Estuaries and Coastline Management Committee held Thursday 17 September 2015.

 


 

 

ITEM 9.7      SF688                121115      Environmental Levy - Status Report

2106/15 RESOLVED:       (Finlayson/Smyth)

 

That Council note the status of Environmental Levy Projects.

 


 

 

ITEM 9.8      SF1852              121115      Planning Proposal LEP Amendment No. 14 Schedule 1 Seniors Living Development 24 Coronation Drive 

2107/15 RESOLVED:       (Morrison/Finlayson)

 

That Council proceed with the exhibition of the planning proposal in accordance with the requirements of the Gateway Determination and the Environmental Planning and Assessment Act 1979.

 

For the Motion:               Councillors Ainsworth Morrison Smyth Finlayson MacDonald and South                                               (Total 6)

Against the Motion:         Nil

 


 

 

ITEM 9.9      PRF47                121115      Dawkins Park - Macksville

2108/15 RESOLVED:       (Finlayson/Smyth)

 

1        That staff commence ecological investigations into flora and fauna that are present in Dawkins Park.

 

2        That Council endorse the draft concept for public consultation purposes.

 

3        That Council commence the preparation of a Plan of Management for Dawkins Park which will incorporate a concept plan for the reserve.

 


 

 

ITEM 9.10    SF239                121115      Adoption of the Score on Doors Program - Hygiene and Food Safety

2109/15 RESOLVED:       (MacDonald/Finlayson)

 

1        That Council adopts the ‘Scores on Doors’ program for its food businesses on a trial basis for this financial year to promote compliance with hygiene and food safety standards, promote consumer trust in food businesses and to further the reputation and economy of food businesses in the Nambucca Valley.

 

2        That the initiative be included in Council’s food business inspection program.

 


 

 

ITEM 9.11    SF2151              121115      Living Coast Festival

2110/15 RESOLVED:       (Finlayson/MacDonald)

 

That the information in the report be noted.

 


 

 

ITEM 9.12    SF2038              121115      Outstanding DAs greater than 12 months OR where submissions received - 21 October - 3 November 2015

2111/15 RESOLVED:       (Finlayson/Morrison)

 

That the information be noted by Council.

 


 

 

ITEM 9.13    SF2038              121115      Outstanding DA greater than 12 months OR where submissions received - 16 September - 20 October 2015

2112/15 RESOLVED:       (MacDonald/Finlayson)

 

That the information be noted by Council.

 


 

 

ITEM 9.14    SF2036              121115      2015 October - Development Applications Received and Complying Development Applications Received

2113/15 RESOLVED:       (Finlayson/South)

 

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

 


 

 

ITEM 9.15    SF2038              121115      2015 October - Construction Certificates and Complying Development Certificates Approved

2114/15 RESOLVED:       (MacDonald/Finlayson)

 

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

 


 

 

ITEM 9.16    SF1148              121115      Council Ranger's Report October 2015

2115/15 RESOLVED:       (South/Finlayson)

 

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

 


 

 

ITEM 9.17    SF532                121115      Valla Urban Growth Area - Development Control Plan for future Service Centre, 5 Boggy Creek Road, Valla

2116/15 RESOLVED:       (Finlayson/South)

 

That this item be deferred to the first meeting on 15 December 2015.

 


 

 

ITEM 9.18    SF1963              121115      Defence of Claim by Community Housing Ltd

2117/15 RESOLVED:       (Finlayson/MacDonald)

 

1        That Council note the NSW Court of Appeal has upheld an appeal by Community Housing Limited against a decision of the NSW Land & Environment Court concerning the rating of properties owned by Community Housing Ltd in the Clarence Valley, Parramatta City, Port Macquarie Hastings, Gosford, Coffs Harbour and Nambucca local government areas.

 

2        That Council make representations to the Minister for Social Housing, the Hon. Brad Hazzard, in relation to its concerns about the transfer of public housing from Housing NSW to various non-government organisations and the substantial loss of rate income which will flow from such transfers.  Further that the Minister introduce legislation which ensures that such organisations be required to pay Council rates on the public housing which they own.

 

3        That Local Government NSW be informed of Council’s concerns and representations.

 

2118/15 Resolved:       (MacDonald/Smyth)

 

That, where ever possible, Council, with regard to shared legal expenses in the future, consider a pro rata share of costs as opposed to equal expense splitting.

 


 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF2025              121115      Consultation on Local Government Reform

2119/15 RESOLVED:       (Finlayson/Smyth)

 

That Council make a submission to the Department of Premier and Cabinet acknowledging that Council accepts IPART’s findings in relation to Nambucca Shire’s Fit for the Future Proposal and confirming Council’s commitment to continuing to deliver the reforms aimed at meeting the Fit for the Future benchmarks by 2020.

 


 

 

ITEM 10.2    SF2025              121115      IPART Assessment Of Fit For The Future Proposals

2120/15 RESOLVED:       (Finlayson/Morrison)

 

1        That Council note that IPART assessed Nambucca Shire Council as “Fit” for Fit for the Future.

 

2        That Council formally congratulate and thank the Assistant General Manager Corporate Services and his staff for their work in developing Council’s Fit for the Future response.

 


 

Cr Finlayson left the meeting for this Item at 7.27 pm and returned after the conclusion of the item at 7.32 pm.

ITEM 10.3    SF544                121115      Developer Contributions Plan Review: Local Roads and Traffic Infrastructure 2015 - Public Exhibition Period Approval

2121/15 RESOLVED:       (MacDonald/South)

 

That Council approve the Final Draft Local Roads and Traffic Infrastructure Developer Contributions Plan 2016 for public exhibition from 19 November 2015 to 17 December 2015.

 


 

 

The meeting adjourned at 7.33 pm.

The meeting resumed at 8.07 pm.

 

 

ITEM 10.4    SF298                121115      Argents Hill Hall Committee of Management - Minutes of Annual General Meeting - 7 September 2015

2122/15 RESOLVED:       (South/MacDonald)

 

That Council endorse minutes of the Committee of Management for Argents Hill Hall’s Annual General Meeting held on 7 September 2015, and thank the outgoing Committee for their work in the past twelve months.

 


 

 

ITEM 10.5    SF334                121115      South Arm Hall Committee of Management - Minutes of Annual General Meeting - 6 September 2015

2123/15 RESOLVED:       (Finlayson/South)

 

That Council endorse the minutes of the Committee of Management for the South Arm Hall’s Annual General Meeting held on 6 September 2015 and thank the outgoing Committee for their work in the past twelve months.

 


 

 

ITEM 10.6    SF588                121115      Nambucca District Historical Society Committee of Management - Minutes of Annual General Meeting - 15 September 2015

2124/15 RESOLVED:       (MacDonald/Finlayson)

 

That Council endorse the minutes of the Committee of Management for the Nambucca District Historical Society’s Annual General Meeting held on 15 September 2015.

 


 

 

ITEM 10.7    SF312                121115      Gordon Park Rainforest Committee of Management - Annual General Meeting – 10 September 2015 - Minutes

2125/15 RESOLVED:       (Finlayson/MacDonald)

 

That Council endorse the minutes of the Committee of Management of the Gordon Park Rainforest Annual General Meeting which was held on 10 September 2015 and that Council thank the outgoing Committee for their work in 2014/2015.

 


 

 

ITEM 10.8    SF344                121115      Warrell Creek Hall Committee of Management AGM - 2 September 2015 - Minutes

2126/15 RESOLVED:       (South/Finlayson)

 

That Council endorse the Minutes of the Committee of Management for the Warrell Creek Hall’s Annual General Meeting held on 2 September 2015 and thank the outgoing Committee for their work in the past twelve months.

 


 

 

ITEM 10.9    SF336                121115      Taylors Arm Hall Committee of Management - Minutes of Annual General Meeting - 11 December 2013

2127/15 RESOLVED:       (MacDonald/Morrison)

 

That Council endorse the Minutes of the Committee of Management for the Taylors Arm Hall Annual General Meeting held on 11 December 2013 and thank the Committee for their continued good work in the past twelve months.

 


 

 

ITEM 10.10   SF251                121115      Schedule of Council Public Meetings

2128/15 RESOLVED:       (MacDonald/South)

 

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

 


 

 

ITEM 10.11   SF2116              121115      Investment Report to 31 October 2015

2129/15 RESOLVED:       (MacDonald/South)

 

That the Accountants’ Report on Investments placed to 31 October 2015 be noted.


 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF2068              121115      Bowraville Sewage Treatment Plant - Recycled Water Scheme Options Investigation Report

2130/15 RESOLVED:       (Finlayson/MacDonald)

 

1        That Council postpone work on the Recycled Water Management Plan and the Section 60 (Part C) approval for the Recycled Water Scheme.

 

2        That Council accept the recommendations of the Bowraville Sewerage Treatment Plant Recycled Water Scheme Options Investigation Report and commit to a project to upgrade the treatment process at the Bowraville STP to improve the quality of the recycled water through filtration and UV treatment.

 

3        That Council seek a fee proposal from HydroScience Consulting and NSW Public Works to project manage the delivery of the project in accordance with DPI Water requirements.

 

4        That Council give delegated authority to the Assistant General Manager Engineering Services and the Manager Water and Sewerage to select and engage the preferred consultant to undertake the project management work following the steps required by DPI Water contained within this report.

 

5        That Council reduce the current 2015/16 budget allocation for this project within this financial year from $435,000 to $100,000 and allocate sufficient funding to finalise the project in the 2016/17 budget.

 

6        That Council receive a future report on the preferred treatment options and procurement process to gain the most economical outcome for the project.

 


 

 

ITEM 11.2    SF565                121115      Application for Temporary Road Closure - High Street Bowraville for Bowraville Children’s Christmas Party 2015

2131/15 RESOLVED:       (Finlayson/MacDonald)

 

That Council approve a temporary road closure for the following event:

 

Event:         Bowraville Children’s Christmas Party 2015

Date:           16 December 2015

Street:         High Street, Bowraville between Young and Belmore Streets

Time:          3.00 pm and 7.00 pm

 

noting that the following documentation has been received by Council:

 

·           Certificate of Currency for Public Liability Insurance

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

·           Police approval granted

·           Confirmation advertising will be carried out 7 days prior to the event by Nambucca Shire Council.

 


 

 

ITEM 11.3    SF453                121115      Waste Management Quarterly Report July - September 2015

2132/15 RESOLVED:       (Finlayson/Smyth)

 

That Council receive and note the information provided in the Waste Management Quarterly Report for the period 1 July – 30 September 2015.

 


 

 

ITEM 11.4    SF1092              121115      Plan of Management for the Unofficial Rest Area on Link Road Nambucca Heads known as Duffo's Rest

2133/15 RESOLVED:       (South/Smyth)

 

1        That the Plan of Management for Link Road Reserve Nambucca Heads, Tourist Information Rest Area, Duffo’s Rest Awhile be placed on public exhibition for 28 days.

 

2        That at the end of the exhibition period a further report will be presented to Council for formal adoption.

 


 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

2134/15 RESOLVED:       (MacDonald/Smyth)

 

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    SF848                121115      Outstanding Water Account

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) (b) of the Local Government Act, 1993, on the grounds that the report contains a discussion in relation to the personal hardship of a resident or ratepayer.


 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    DA2001/096        121115      Valla Quarry - Production Limits and Road Maintenance Contributions

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.


 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 8.23 pm.

 


 

 

RESUME IN OPEN MEETING

 

Resolved:          (Finlayson/Morrison)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 9.37 pm.

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF848                121115      Outstanding Water Account

MOTION:      (Finlayson/Smyth)

 

1        That arrangements be made for the Mayor, General Manager and Rates Officer to meet with the ratepayer referred to in the report to discuss their arrears and a repayment arrangement and that no discount be provided for previous or future water consumption.

 

2        That the Mayor and General Manager be provided with delegated authority to enter into a repayment arrangement with the ratepayer in relation to their arrears.

 

3        That if a repayment arrangement cannot be agreed or if it is not maintained, that Council proceed to impose a water restrictor on the ratepayer’s premises.

 

Amendment:       (Morrison/Finlayson)

 

1           That arrangements be made for the Mayor, General Manager and Rates Officer to meet with the ratepayer referred to in the report to discuss their arrears and a repayment arrangement.

 

2        That the Mayor and General Manager be provided with delegated authority to enter into a repayment arrangement with the ratepayer in relation to their arrears.

 

3        That they be asked to forward their June 2015 financial statement to Council.

 

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

 

2135/15 Resolved:       (Morrison/Finlayson)

 

1        That arrangements be made for the Mayor, General Manager and Rates Officer to meet with the ratepayer referred to in the report to discuss their arrears and a repayment arrangement.

 

2        That the Mayor and General Manager be provided with delegated authority to enter into a repayment arrangement with the ratepayer in relation to their arrears.

 

3        That the rate payer be asked to forward their June 2015 financial statement to Council.


 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    DA2001/096        121115      Valla Quarry - Production Limits and Road Maintenance Contributions

Motion:      (MacDonald/South)

 

1        That Council note the legal advice from Norton Rose Fulbright in relation to the interpretation of the modified consent for DA 2001/096.

 

2        That Councillors Ainsworth, Flack, Smyth and South along with the General Manager and Manager Development & Environment participate in any negotiations with the Quarry operator in relation to the advice provided by Norton Rose Fulbright.

 

3        That the EPA be invited to participate in any negotiations with the Quarry operator.

 

Amendment:       (Smyth/MacDonald)

 

1           That Council note the legal advice from Norton Rose Fulbright in relation to the interpretation of the modified consent for DA 2001/096.

 

2        That those Councillors who wish to be involved along with the General Manager and Manager Development & Environment participate in any negotiations with the Quarry operator in relation to the advice provided by Norton Rose Fulbright in relation to the production anniversary date.

 

3        That the EPA be invited to participate in any negotiations with the Quarry operator.

 

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

 

2136/15 Resolved:       (Smyth/MacDonald)

 

1        That Council note the legal advice from Norton Rose Fulbright in relation to the interpretation of the modified consent for DA 2001/096.

 

2        That those Councillors who wish to be involved along with the General Manager and Manager Development & Environment participate in any negotiations with the Quarry operator in relation to the advice provided by Norton Rose Fulbright in relation to the production anniversary date.

 

3        That the EPA be invited to participate in any negotiations with the Quarry operator.

 

Note: Cr Smyth requested her vote be recorded against the resolution as she believes this matter should be taken to the Land and Environment Court.


 

 

CLOSURE

 

There being no further business the Deputy Mayor then closed the meeting the time being 9.40 pm. 

 

Confirmed and signed by the Mayor on 26 November 2015

 

 

 

 

CR JOHN AINSWORTH

DEPUTY MAYOR

(CHAIRPERSON)