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)

Monika Schuhmacher (Minute Secretary)

 

 

PRAYER

 

Pastor Peter Lott from the Christian Life Centre offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor Smyth declared a pecuniary interest in Item 9.2 Tender T008/2015 Provision of Legal Services (Panel) under the Local Government Act as one of the tenderers employs two solicitors who are close friends of a family member of Cr Smyth.  Cr Smyth left the meeting for this item.

 

Councillor Smyth declared a non-pecuniary significant conflict of interest in Item 9.14 Dwelling House - 20 Panorama Parade Scotts Head - variation to clause 4.3 of Nambucca LEP - 'Height of Buildings' under the Local Government Act as the applicant is known to Cr Smyth.  Cr Smyth left the meeting for this item.

 

Councillor Hoban declared a non-pecuniary significant conflict of interest in Items 12.2 Valla Quarry - Production Limits and Road Maintenance Contributions and 12.4 Valla Quarry - Settlement Offer under the Local Government Act as Cr Hoban was involved in negotiating conditions of consent for this quarry prior to becoming a Councillor.  Cr Hoban left the meeting for these items.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 26 November 2015

 

2126/15 RESOLVED:       (Smyth/Flack)

 

That the minutes of the Ordinary Council Meeting of 26 November 2015 be confirmed.


 

 

PUBLIC FORUM AND DELEGATION

RECOMMENDATION:

 

That the following Public Forum and Delegation be heard:

 

Shared Community Telecare Trial

i)          Cory Steinhauer on behalf of Royal Far West’s Community Development Manager

 

ITEM 9.15    Geotechnical Investigation - 2 Nelson Street, Nambucca Heads

ii)         Ms Kelli Leckie

 

Mr Steinhauser addressed Council and provided Council with written information in regard to Royal Far West and made the following points:

·    Trialling two projects

·    Providing health service using technology

·    Deliver a number of medical services not readily available in rural Australia

·    Keen to be creative and innovative

·    Working with the community, Council to provide these services and lead the country in this new initiative

·    Would like Nambucca Shire Council to be one of the trial councils

·    After 12 months hope to have a model

·    Best for children to access these health services in their own communities

 

2127/15 Resolved:       (Hoban/Ainsworth)

 

That Council provide in principle support to Royal Far West projects within the Shire and receive a report on what further level of support Council may be able to provide.


 

 

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                151215      Outstanding Actions and Reports

2128/15 RESOLVED:       (Ainsworth/MacDonald)

 

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

 

2129/15 Resolved:       (Flack/Smyth)

 

That Council receive a report in regard to the Pistol Club’s request for an extension of time to remediate the pistol shooting site and that the report include staff opinion on the appropriateness of the extension in the context of the coming wet season and contamination of the site.


 

 

Cr Smyth left the meeting for this Item at 5.50 and returned after the conclusion at 5.52 pm.

 

ITEM 9.2      T008/2015           151215      Tender T008/2015 Provision of Legal Services (Panel)

2130/15 RESOLVED:       (Flack/South)

 

That Council accept the tenders of the Marsden Law Group, Wilshire Webb Staunton Beattie and Terry Perkins Solicitor and Attorney as a panel for the provision of legal services to Council for a 5 year period commencing 1 February 2016 to 31 January 2021 with the engagement of Mr Perkins being restricted to conveyancing, contracts and other non-litigious matters.

 

For the Motion:               Councillors Hoban, Morrison, Ballangarry, Flack, Smyth, Finlayson, Ainsworth,

                                      MacDonald and South     (Total 9)

Against the Motion:         Nil


 

2131/15 Resolved:       (Morrison/South)

 

That Item 9.15 be brought forward.

 

 

DELEGATION:

 

Ms Leckie addressed Council in regard to Item 9.15.

 

ITEM 9.15    LF4225               151215      Geotechnical Investigation - 2 Nelson Street, Nambucca Heads

2132/15 RESOLVED:       (Flack/Smyth)

 

That Council does not support the sale of the land but supports a lease, licence or easement of said land for a period sufficient to allow the Leckies to undertake remedial work on their land and that there be no cost (rent) to the Leckies.


 

 

ITEM 9.3      SF1031              151215      Review of Policy - Sustainable Fleet and Plant

2133/15 RESOLVED:       (Finlayson/MacDonald)

 

1        That Council’s Sustainable Fleet and Plant Policy be amended as per the changes shown in the attachment to this report.

 

2        That Council’s lease back fees for the private use of motor vehicles be revised to those recommended by the Public Employment Office and LG NSW Guidelines effective from 1 July 2015 and thereafter be increased in accordance with the guidelines.


 

 

ITEM 9.4      SF639                151215      Ranger Workload and Options for Enhancing Role

2134/15 RESOLVED:       (Finlayson/MacDonald)

 

That the information concerning the Ranger workload and options for enhancing the role be received.

 

2135/15 Resolved:       (Flack/Finlayson)

 

That staff extend Ranger hours for environmental compliance for the summer season if sufficient funds can be found in the environmental levy for the summer season.


 

 

ITEM 9.5      SF1958              151215      Provision of Council Flood Data to the Insurance Industry

Motion:      (Finlayson/MacDonald)

 

That Council provide flood data to the Insurance Council of Australia or other interested insurance companies per our fees and charges requirements and subject to Council standard data agreements.

 

Amendment:       (Ainsworth/MacDonald)

 

That this item be deferred so that a report can come to Council on the information to be supplied including whether or not it includes provision for sea level rise.

 

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

 

2136/15 Resolved:       (Ainsworth/MacDonald)

 

That this item be deferred so that a report can come to Council on the information to be supplied including whether or not it includes provision for sea level rise.


 

 

ITEM 9.6      SF2037              151215      Minutes of the Nambucca Shire Council Access Committee meeting held 27 October 2015

2137/15 RESOLVED:       (Ainsworth/South)

 

1          That Council note the Committee’s offer to conduct workshops with business’ owners and managers regarding "missed business", to discuss/inform/answer questions on accessibility for persons with disabilities, and the potential income that ease of access could potentially generate.

 

2          That Council endorse the remaining minutes of the Nambucca Shire Council Access Committee meeting held 27 October 2015.


 

 

ITEM 9.7      SF2037              151215      Minutes of the Nambucca Shire Council Access Committee meeting held 24 November 2015

2138/15 RESOLVED:       (MacDonald/Finlayson)

 

1          That the matters arising be noted, and that the Guardian News and Happynings be approached to promote the Missed Business booklet as a part of International Day of People with a Disability.

 

2          That the Access Committee ask for a timeframe for completion of the work for a safe pedestrian route at the roundabout in Marshall Way Nambucca Heads, which was a condition of consent DA 2012/004/1 regarding Bawrunga Aboriginal Medical Centre. 

 

3          That the Access Committee ask the Engineers for progress on the installation of the seat in Back Street Nambucca Heads as resolved by Council 16 April 2015.

 

4          That regarding smoking in public areas, the Access Committee ask Council’s Health and Building staff what the requirements are regarding smoking in the main street of Bowraville, in particular distances from places such as bus stops and licensed premises.

 

5          That Council endorse the remaining minutes of the Nambucca Shire Council Access Committee meeting held 24 November 2015.


 

 

ITEM 9.8      SF1031              151215      Deletion of Council Policies

2139/15 RESOLVED:       (Flack/Smyth)

 

That the following policies be deleted:

 

1        Section 94 Contributions – Abandoned or Demolished Dwellings

2        Section 94 Contributions – Public Reserve – Rural

3        Section 94 Contributions – Farm Stay Holidays

4        Temporary Residential Occupation of Industrial Sites Policy

5        Temporary Occupation of Residential Sites Policy

6        Rural Properties – Bond for Second Dwelling.


 

 

ITEM 9.9      SF2038              151215      Outstanding DAs greater than 12 months OR where submissions received - 19 November - 4 December 2015

2140/15 RESOLVED:       (Finlayson/Ainsworth)

 

That the information be noted by Council.


 

 

ITEM 9.10    SF2038              151215      2015 November - Development Applications Received and Complying Development Applications Received

2141/15 RESOLVED:       (Finlayson/MacDonald)

 

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


 

 

ITEM 9.11    SF2038              151215      2015 November - Construction Certificates and Complying Development Certificates Approved

2142/15 RESOLVED:       (Ainsworth/Finlayson)

 

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


 

 

ITEM 9.12    SF1148              151215      Council Ranger's Report November 2015

2143/15 RESOLVED:       (MacDonald/Finlayson)

 

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


 

 

ITEM 9.13    SF532                151215      Valla Urban Growth Area - Development Control Plan for future Service Centre, 5 Boggy Creek Road, Valla

2144/15 RESOLVED:       (Finlayson/Ainsworth)

 

Council exhibit the draft Development Control Plan for Lot 53 DP613620, 5 Boggy Creek Road, Valla for a period of not less than 28 days in accordance with the provisions of the Environmental Planning and Assessment Regulation 2000.

 


 

 

Cr Smyth left the meeting for this Item at 6.57 and returned after the conclusion of the Item at 6.57 pm.

 

ITEM 9.14    DA2015/179        151215      DA2015/179 - Dwelling House - 20 Panorama Parade Scotts Head - variation to clause 4.3 of Nambucca LEP - 'Height of Buildings'

2145/15 RESOLVED:       (Ainsworth/Finlayson)

 

That Council as the consent authority, pursuant to Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2015/179 for a dwelling house at Lot 174 DP 259408, 20 Panorama Parade, Scotts Head subject to the schedule of conditions outlined in Attachment 3 of this report.

 

For the Motion:               Councillors Hoban, Morrison, Ballangarry, Flack, Smyth, Finlayson, Ainsworth,

                                      MacDonald and South     (Total 9)

Against the Motion:         Nil


 

 

General Manager Report – LATE


Item 9.15 was dealt with under Delegations.

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF2116              151215      Investment Report to 30 November 2015

2146/15 RESOLVED:       (South/MacDonald)

 

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


 

 

ITEM 10.2    SF1120              151215      Grant Application Status Report

2147/15 RESOLVED:       (Flack/Ainsworth)

 

1        That Council receive the list of grant applications to 2 December 2015.

 

2        That the Grants Officer be thanked for her service to the Nambucca Valley community.


 

 

ITEM 10.3    SF251                151215      Schedule of Council Public Meetings

2148/15 RESOLVED:       (MacDonald/Flack)

 

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

 

2149/15 Resolved:       (Flack/MacDonald)

 

That Council undertake roving meetings in the appropriate season in 2016.


 

 

ITEM 10.4    SF343                151215      Valla Public Hall Committee of Management AGM - 20 August 2015 - Minutes

2150/15 RESOLVED:       (MacDonald/Finlayson)

 

That Council endorse the Minutes of the Committee of Management for the Valla Public Hall’s Annual General Meeting held on 20 August 2015 and thank the outgoing Committee for their work in the past twelve months.


 

 

ITEM 10.5    SF335                151215      Talarm Hall Committee of Management - Minutes of Annual General Meeting - 23 November 2015

2151/15 RESOLVED:       (Finlayson/Flack)

 

That Council endorse the Minutes of the Committee of Management for the Talarm Hall Annual General Meeting held on 23 November 2015 and thank the outgoing Committee for their work in the past twelve months.


 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF90                  151215      Nambucca Shire Traffic Committee Meeting Minutes - 1 December 2015

2152/15 RESOLVED:       (Flack/South)

 

That Council:

 

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

 

2        approve a request from the Lions Club of Nambucca Heads for the following temporary road closures on Australia Day, Tuesday 26 January 2016:

 

i    The access road through Gordon Park to hold the Australia Day event between 6.00am and 6.00pm.

ii   The following roads for short periods only between 8.00am and 10.00am

 

a   Wellington Drive (from Gordon Park to the V Wall)

b   Shelly Beach Road (from Parkes Street)

c   Parkes Street (from Shelly Beach Road to Captain Cook Lookout)

 

          subject to the following information being received by Council at least 2 weeks prior to the event:

 

·    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

 

3        issue an annual Section 138 Roads Act approval to Australian Precast Solutions allowing heavy vehicles to park on Centra Park Street, Macksville while awaiting loading and/or escort from the site.

 

4        allow the installation of permanent posted warning signs on Yarrawonga Street that are coverable/collapsible when not in use advising of Road Plant on Side Road.

 

5        install signs to reinforce No Stopping and No Parking restrictions on the southern side of Woods Lane Nambucca Heads from the intersection with Fraser Street for a distance of 10m and 40m respectively.

 

6        note the Nambucca Shire Traffic Committee meetings will continue to commence at 10.30 am on the first Tuesday of every second month.  All business items for discussion at the Traffic Committee meeting are to be submitted to the Manager Technical Services in writing, together with any supporting documentation and recommendation, two weeks prior to the date of the meeting.  Any additional matter (deemed urgent by the Committee) be given consideration on the day; and that any non-urgent general business on the day will be tabled for consideration at the next meeting with supporting information and recommendation provided by the Committee member who raised the issue.”


 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

RECOMMENDATION:

 

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:

 

 

2153/15 Resolved:       (Flack/Ainsworth)

 

That, for Item 12.1, Council note the information provided in Closed Meeting as it was resolved at Item 9.2.

 


 

 

 

The Mayor Left the meeting for Item 12.2 and 12.4 at 7.07pm.

The Deputy Mayor took the Chair for the duration of discussion on these Items.

The Mayor resumed the Chair after the conclusion of these Items at 7.37 pm.

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.07 pm.


 

 

RESUME IN OPEN MEETING

 

Resolved:          (Ainsworth/Morrison)

 

That Ordinary Council Meeting resume in Open Meeting.  The Ordinary Council Meeting resumed IN OPEN MEETING at 8.34 pm.

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    T008/2015           151215      Tender T008/2015 Provision of Legal Services - Summary & Comparison of Tenders

This item was dealt with in conjunction with item 12.4.


 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    DA2001/096        151215      Valla Quarry - Production Limits and Road Maintenance Contributions

Recommendation:

 

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 Council determine what, if any, action it proposes to take in relation to the matter following consideration of a late report to Council’s meeting on 15 December 2015.


 

 

ITEM 12.4    DA2001/096        151215      Valla Quarry - Settlement Offer

2154/15 RESOLVED:       (Finlayson/South)

 

That Council provide a “without prejudice” response to Quarry Solutions Pty Ltd that it is agreeable to the proposed terms of settlement, but noting that Council cannot prejudge the outcome of the proposed Section 96AA application being for “modification by consent authorities of consents granted by the Court”.

 

Note: Councillors Flack, Smyth and Ballangarry requested that their votes be recorded against this resolution because they believe that Council should seek appropriate orders in the Land and Environment Court.

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.3    SF839                151215      General Manager's Performance Review

2155/15 RESOLVED:       (Flack/Ainsworth)

 

That the General Manager note the Council’s comments on his performance.


 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 8.35 pm. 

 

Confirmed and signed by the Mayor on 14 January 2016.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)