PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Paula Flack

Cr Brian Finlayson

Cr Bob Morrison

Cr Kim MacDonald

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 Smyth and Cr Ballangarry

 

 

PRAYER

 

Father Shelwin 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 9.7 Public Waterfront Structure under the Local Government Act as Cr Morrison is a member of the Nambucca Heads Lions Club; he has no connection with the Committee or any decision making positions.

 

Councillor JA Ainsworth declared a non-pecuniary significant conflict of interest in Item 9.11 Proposed Telecommunications Facility under the Local Government Act as Cr Ainsworth states that two submissions suggest locating the tower on the “nearby cleared banana hill” land either owned by himself or adjacent to his land.  Cr Ainsworth left the meeting for this item.

 

Councillor K MacDonald declared a pecuniary interest in Item 9.12 Modification to Development Consent DA2014/198 under the Local Government Act as Cr MacDonald’s sister has properties that could potentially be effected with regard to value/amenity based on the decision.  Cr MacDonald left the meeting for this item.

 

The General Manager, Michael Coulter, declared a pecuniary interest in Item 11.1 General Manager Total Remuneration Package for Contract commencing 1 April 2016 under the Local Government Act as the report concerns his employment and remuneration.  Mr Coulter left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 11 February 2016

 

82/16 RESOLVED: (Flack/MacDonald)

 

That the minutes of the Ordinary Council Meeting of 11 February 2016 be confirmed subject to the following amendment:

 

Page 11  Item 10.2 should read: Cr Flack left the meeting for this Item at 8.25 pm and returned after the conclusion of the Item at 8.31 pm.

 


 

 

ITEM 5.1      SF2183              250216      Notice of Motion - Request for Leave - Cr Morrison (SF1788)

83/16 RESOLVED: (Morrison/Ainsworth)

 

That Cr Bob Morrison be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 21 March 2016 to 8 April 2016 inclusive.


 

 

DELEGATIONS

 

RECOMMENDATION:

 

That the following delegations be heard:

 

9.6    Kelli Leckie - Notice of Proposed Legal Action against Council and Crown Lands

          i)       Ms Kelli Leckie

9.11  Proposed Telecommunications Facility-

......... i)        Mr Tony Lewis—Objector (represented by Kerry Grace)

......... ii)       Ms Paula Fuller—Objector

          iii)     Mr Stuart Melville—Representative from NBN

9.12  Modification to Development Consent DA2014/198

i)       Mr Peter O’Neill—Objector

ii)      Ms Sandra Edmonds—Objector

9.17  Result Of Exhibition For DCP Service Centre 5 Boggy Creek Road Valla

i)       Mrs Jean Robinson – Objector

 

 

DELEGATIONS continued

 

Mrs Kelli Leckie addressed Council on Item 9.6. 

 

ITEM 9.6      LF4225               250216      Kelli Leckie - Notice of Proposed Legal Action against Council and Crown Lands

Motion:      (Flack/MacDonald)

 

That Kelli Leckie be advised as follows:

 

1           That Council will confer with Coffey Geotechnical Engineers in relation to the discharge of water from Nelson Street and will implement whatever drainage measures they consider reasonable and practicable to alleviate water logging.

 

2           That it be suggested to Mrs Leckie that she arrange a similar investigation and any necessary work in relation to the drainage from her own property.

 

3           That Council will not be attending to the “rectification/stability works on the land in front of (my) the property adjoining Gordon Park namely installation of retaining walls and removal of rubbish” as it believes it has no liability for the failed retaining wall.

 

4        That Council will not be paying $100,000 compensation for the alleged property damage as it believes it has no liability for the alleged damage.

 

5        That Council will also be seeking an order for costs should it be successful in defending any claims.

 

Amendment:       (Morrison/Ainsworth)

 

1           That the matter be deferred until the documents referred to in 2 and 3 have been distributed to Council.

 

2           That Council check their records and obtain a copy of the letter from Spark and Helmore from the late 1990’s concerning Council’s liability and a copy be provided to all Councillors.

 

3           That the report by Douglas and Partners be distributed to Councillors.

 

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

 

84/16 Resolved: (Morrison/Ainsworth)

 

1        That the matter be deferred until the documents referred to in 2 and 3 have been distributed to Council.

 

2        That Council check their records and obtain a copy of the letter from Spark and Helmore from the late 1990’s concerning Council’s liability and a copy be provided to all Councillors.

 

3        That the report by Douglas and Partners be distributed to Councillors.


 

 

DELEGATIONS continued

 

Cr Ainsworth left the meeting at 5.58 pm and returned after the conclusion of the item at 6.06 pm.

 

ITEM 9.11    DA2015/195        250216      Proposed Telecommunications Facility

85/16 Resolved: (Finlayson/MacDonald)

 

That this matter be deferred to the Council meeting on 31 March 2016.

 

For the motion:               Councillors Hoban, South, MacDonald, Finlayson and Flack      (Total 5)

Against the motion:         Councillor Morrison         (Total 1)


 

 

DELEGATIONS continued

 

Cr MacDonald left the meeting for this Item at 6.08 pm and returned at the conclusion of the Item at 6.40 pm.

 

Mr Peter O’Neill—Objector  - addressed Council on Item 9.12

Ms Sandra Edmonds—Objector -  addressed Council on Item 9.12

 

ITEM 9.12    DA2014/198        250216      Modification to Development Consent DA2014/198

Motion:      (Flack/Finlayson)

 

That this item be deferred to a meeting in March to enable an onsite inspection of the site and consideration of concerns raised in the submissions received.

 

Amendment:       (Hoban/Ainsworth)

 

That this item be deferred to a meeting in March to enable an onsite inspection of the site and consideration of concerns raised in the submissions received.

 

That prior to determining this matter Council receive a report on the bushfire implications for both Kingsworth Estate and Old Coast Road residents pending the closure of the Old Coast Road as a through road.  Further, that Mr Chris Clark from the RMS be invited to attend this meeting.

 

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

 

86/16 Resolved: (Hoban/Ainsworth)

 

1        That this item be deferred to a meeting in March to enable an onsite inspection of the site and consideration of concerns raised in the submissions received.

 

2        That prior to determining this matter Council receive a report on the bushfire implications for both Kingsworth Estate and Old Coast Road residents pending the closure of the Old Coast Road as a through road.  Further, that Mr Chris Clark from the RMS be invited to attend this meeting.


 

 

DELEGATIONS continued

 

Mrs Jean Robinson – Objector – addressed Council on Item 9.17 and provided a prepared statement which is on File SF2156.

 

ITEM 9.17    SF2156              250216      Result Of Exhibition For DCP Service Centre 5 Boggy Creek Road Valla

87/16 RESOLVED:          (Finlayson/Ainsworth)

 

1          That Council adopt the DCP for 5 Boggy Creek Road.

 

2          That Council advertise the adoption of the Nambucca DCP 2010 in accordance with the Environmental Planning and Assessment Regulation 2000 and specify that the Nambucca DCP 2010 will commence upon gazettal.

 

4          That Council notify all persons who made a submission to the draft Nambucca DCP 2010 and advise that the Nambucca DCP 2010 was adopted by Council subject to the amendments identified in 1 above.

 

For the Motion:               Councillors Hoban, South, MacDonald, Ainsworth, Finlayson, Flack and Morrison

                                       (Total 7)

Against the Motion:         Nil


 

 

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                250216      Outstanding Actions and Reports

88/16 RESOLVED: (Flack/MacDonald)

 

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


 

 

ITEM 9.2      SF1327              250216      Proposed Placement of Low Powered FM Broadcasting Antenna at the Valla Beach Tennis Club

89/16 RESOLVED: (Finlayson/South)

 

1        That Council endorse in principle the proposed placement of a low powered FM broadcasting facility at the Valla Beach Tennis Club subject to checks being made in relation to the appropriate rental and Radio 4GG Gold Coast Pty Ltd entering into an appropriate lease or licence.

 

2        That the Valla Beach Tennis Club be remitted all rent for the facility.

 

3        That Council’s seal be attached to any lease or licence if required.

 

Note:  Cr Flack requested her vote be recorded against the resolution as there has been no consultation with the Valla Beach community.


 

 

ITEM 9.3      SF842                250216      Council Representatives on Committees of Management - 2016

90/16 RESOLVED: (Ainsworth/MacDonald)

 

That Council note the roster for attendance at the Annual General Meetings for Section 355 Committees for 2016.


 

 

ITEM 9.4      SF2211              250216      2016 Customer Satisfaction Survey

91/16 RESOLVED: (Ainsworth/Finlayson)

 

That Council endorse the proposed questions for the 2016 Community Satisfaction Survey subject to the proposed minor change to question 25 and the deletion of question 26.


 

 

ITEM 9.5      SF665                250216      Approval to take a Dividend from the Surplus in the Water Fund

92/16 RESOLVED: (Ainsworth/Morrison)

 

That Council note the approval to take a dividend of $180,522 from the surplus of Council’s water supply business to its general revenue.


 

 

Item 9.6 was dealt with under Delegations.


 

 

ITEM 9.7      SF849                250216      Public Waterfront Structure - Licence No 407880

93/16 RESOLVED: (Ainsworth/Finlayson)

 

1        That Council provide written consent from the Council managed Reserve Trust to Crown Lands for the licence for ANZAC Park Jetty to be included on the licence known as (Li407880).

 

2        That Council approve, as the Crown Land Trust Manager, the signing of the licence and the application of Council’s seal as required.

 

Note:  Cr Flack requested her vote be recorded again this item for the following reasons: i) the Jetty is not identified in Nambucca Heads Master Plan; ii) it is public land and there has been no public consultation; iii) no plans have provided to Councillors. 


 

 

ITEM 9.8      DA2012/011        250216      Modification DA2012/011 Nambucca Gardens Estate
Lot 2 DP 1119830 Alexandra Drive Nambucca Heads

94/16 RESOLVED: (Finlayson/Flack)

 

That the matter be deferred to the second Council meeting in March (31 March) 2016.


 

 

ITEM 9.9      SF544                250216      Bellwood Local  Roads and Traffic Infrastructure Development Contribution Plan 2009 - withdrawal

95/16 ReSOLVED: (Finlayson/Flack)

 

That the matter be deferred to the second Council meeting in March (31 March) 2016.


 

 

ITEM 9.10    DA2015/099        250216      Use of Public Reserve as Asset Protection Zone for Proposed Development

96/16 RESOLVED:          (Finlayson/Flack)

 

That the matter be deferred to the second Council meeting in March (31 March) 2016.

 


 

 

Item 9.11 was dealt with under Delegations.


 

 

Item 9.12 was dealt with under Delegations.


 

 

Item 9.13 (Dawkins Park Improvements) was DEFERRED TO 17 MARCH 2016 MEETING


 

 

ITEM 9.14    SF766                250216      Royal Far West Shared Community Teletrial

97/16 RESOLVED: (Flack/Ainsworth)

 

1        That the opportunity for Council to directly participate in the Connected Community Trial Project's local working party be noted, with interested Councillors nominating if they wish to participate.

 

2        That Council make a one-off financial contribution of $1,000 to the joint community funding pool for the Shared Community Trial.


 

 

ITEM 9.15    SF2173              250216      Outstanding DAs greater than 12 months OR where submissions received - 4 February - 17 February 2016

98/16 RESOLVED: (Finlayson/MacDonald)

 

That the information be noted by Council.


 

 

ITEM 9.16    SF1031              250216      Review of Donations Policy

99/16 RESOLVED: (Ainsworth/Finlayson)

 

1        That Councillors provide any comments on the reviewed policy within 14 days, after which time it will be reported back to Council, for adoption, with any comments/submissions taken into consideration.

 

2        That, if the reviewed Policy - “Donations Policy” - is adopted by Council, Council’s current Policy titled “Donations Policy” be updated at that time.


 

Item 9.17 was dealt with under Delegations.


 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF1974              250216      Nambucca Shire Council - Asset Management Audit Preparedness Assessment

100/16 RESOLVED:        (Flack/Ainsworth)

 

That Council receive the Auditor’s report on Nambucca Shire Council’s Asset Management Audit Preparedness Assessment.


 

 

ITEM 10.2    SF2127              250216      December 2015 Budget Review

101/16 RESOLVED:        (Ainsworth/Finlayson)

 

1        That the budget review for the quarter ended 31 December, 2015 be received.

 

2        That the recommended increases and decreases in votes be included as subsequent votes for the financial year 2015/2016.


 

 

ITEM 10.3    SF395                250216      2015/16 Borrowing Program

102/16 RESOLVED:        (Finlayson/MacDonald)

 

1        Council approve new borrowings of $1,500,000 for Infrastructure Works ($1,000,000 Bridges and $500,000 Roads) as provided for in the 2015-16 Operational Plan.

 

2        That Council approves the execution of a Loan Agreement between Nambucca Shire Council and New South Wales Treasury Corporation.

 

3        The approved terms of the loan are Credit Foncier Loan for $1,500,000, for a 20 year term with a fixed interest rate and biannual repayments.

 

4        The General Manager accept NSW Treasury Corporation’s interest rate and execute drawdown.

 

5        Council authorise the Mayor and/or the General Manager to execute the Loan Agreement.

 

6        That in the event NSW Treasury Corporation requires the loan agreement to be executed under seal that the Council Seal be affixed to the Loan Agreement.


 

 

ITEM 10.4    SF251                250216      Schedule of Council Public Meetings

103/16 RESOLVED:        (Ainsworth/Flack)

 

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


 

 

ITEM 10.5    SF342                250216      Valla Beach Tennis Club Inc Committee of Management - Minutes of AGM 1 February 2016

104/16 RESOLVED:        (MacDonald/Finlayson)

 

That Council endorse the Valla Beach Tennis Courts Committee of Management’s minutes of the Annual General Meeting held on 1 February 2016 and thank the outgoing Committee for their work in the past twelve months.


 

 

ITEM 10.6    SF1897              250216      Scotts Head Events Committee of Management AGM - 7 October 2015 - Minutes and Financial Statement

105/16 RESOLVED:        (Ainsworth/Finlayson)

 

That Council endorse minutes for the Scotts Head Events Committee of Management’s Annual General Meeting held on 7 October 2015.


     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

106/16 Resolved:        (Ainsworth/MacDonald)

 

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.

 

Reason reports are in Closed Meeting:


 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 11.1    SF2182              250216      General Manager Total Remuneration Package for Contract commencing 1 April 2016

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) (a) of the Local Government Act, 1993, on the grounds that the report contains personnel matters concerning particular individuals.


 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 8.15 pm.

 

 

RESUME IN OPEN MEETING

 

107/16 RESOLVED:        (Ainsworth/MacDonald)

 

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 11.1    SF2182              250216      General Manager Total Remuneration Package for Contract commencing 1 April 2016

108/16 RESOLVED:        (MacDonald/Finlayson)

 

That the value of the total remuneration package for the General Manager’s contract commencing 1 April 2016 be $227,510.


 

 

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 17 March 2016.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)