PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Paula Flack

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 Bob Morrison and Cr Kim MacDonald

 

 

PRAYER

 

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

 

 

PRESENTATION

 

The Mayor presented Mr Ian Flarrety with his Australia Day badge for 2016 Citizen of the Year and Mr Garry Johnson OAM (Chairman of the Nambucca Shire Australia Day Committee) was on hand to offer congratulations on behalf of the Committee.

 

 

DISCLOSURE OF INTEREST

 

Councillor J Ainsworth declared a non-pecuniary significant conflict of interest in Item 9.4 Proposed Telecommunications Facility under the Local Government Act as Cr Ainsworth states that previous submissions suggest that the facility should be located on the “nearby cleared banana hill” land either owned by Cr Ainsworth or an adjacent neighbour.  Cr Ainsworth left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 17 March 2016

 

141/16 RESOLVED:        (Flack/South)

 

That the minutes of the Ordinary Council Meeting of 17 March 2016 be confirmed subject to the following correction:

 

Cr Flack      Motion regarding Cr Morrison.  Point of Order called needs to be recorded: “Cr Morrison had breached the Code of Conduct and Code of Meeting Practice”.


 

 

PUBLIC FORUM AND DELEGATIONS

 

RESOLVED:

 

That the following Public Forum and Delegations be heard:

 

PUBLIC FORUM

          i         Mr Trevor Johnson—Proposed Location of Amenities in Gordon Park

DELEGATIONS

9.4     Proposed Telecommunications Facility.......................................................................... 3

          i         Ms Kerrie Grace—Objector

          ii        Mr Tony Lewis—Objector

          ii        Mr Stuart Melville—representing Aurecon

DELEGATION IN CLOSED MEETING

12.1   Tender for the Operation of the Macksville Memorial Aquatic and Fitness Centre

          i         Mr Brad Paterson on behalf of Community Aquatics Pty Ltd

          ii        Mr Richard Price, Ms Jenny Adams, Ms Danielle Gilbert and Mr Matt Phelan on           behalf of YMCA

 

Mr Johnson addressed Council to a prepared statement which is on Trim file SF1092:

 

DELEGATIONS

 

Cr Ainsworth left the meeting for this Item 9.4 at 5.55 pm and returned after the conclusion of the Item at 6.50 pm.

 

Ms Kerrie Grace addressed Council making the following points:

·    Ms Grace tabled additional information which is on Trim file DA2015/195

·    Unkya LALC has never been contacted by either company

·    Proposal has created conflict amongst local residents

·    Potential risks regarding local fauna – at least 4 species that are registered as Vulnerable Species

·    Natural habitat will be disturbed

·    Lloyds of London will not underwrite/insure these facilities

·    Considerable data that NBN towers are the ‘asbestos of the future’

·    Argument for needing NBN in our community is not viable

 

Mr Tony Lewis addressed Council making the following points:

·    Lives adjacent to proposed site

·    Speaks on behalf of affected local community

·    Immediate property owners against siting of tower

·    Value of properties and future sales will be affected

·    Cited events that happened in Ballarat

·    Do residents’ opinions not rate?

 

Mr Stuart Melville addressed Council making the following points:

·    Mr Melville is the Project Manager at Aurecon

·    Council did consult with Local Aboriginal Land Council (1 December 2015)

·    Proposal has total support of land owner

·    Planning report represents true planning proposal

·    NBN requests Council adopts the plan

·    Will service 300 -350 homes (up to 500 homes) that will be covered in Gumma and north across the river

·    Considered Bald Hill as alternate site, but not suitable

·    800 times below safe daily EMR standard

·    Not just looking at speed, but also equity for consumers

·    Not intended to add to this tower at later stage unless more than 500 homes in this area

·    Potential for co-location is there – dependant on consultation process

 

 

ITEM 9.4      DA2015/195        310316      Proposed Telecommunications Facility

Motion:      (Flack/Smyth)

 

That this application be refused due to social and environmental impacts and that the community is saying the service is not needed.

 

The motion was LOST.

 

For the motion:               Councillors Ballangarry, Flack and Smyth      (Total 3)

Against the motion:         Councillors Hoban, South and Finlayson       (Total 3)

The Mayor exercised her casting vote in accordance with her practice of only using it where her vote is consistent with the staff recommendation.

 

Foreshadowed Motion:     (Finlayson/South)

 

That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2015/195 for the construction of a telecommunications facility at Lot 2 DP 1039123 - 401 Gumma Road, Gumma, subject to the schedule of conditions outlined in attachment 3 of this report.

 

Amendment:       (Flack/Smyth)

 

That this item be deferred.

 

For the motion:               Councillors Ballangarry, Flack and Smyth      (Total 3)

Against the motion:         Councillors Hoban, South and Finlayson       (Total 3)

The Mayor used her casting vote.

 

The amendment was LOST.

 

The motion was put and it was

 

142/16 Resolved:        (Finlayson/South)

 

That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2015/195 for the construction of a telecommunications facility at Lot 2 DP 1039123 - 401 Gumma Road, Gumma, subject to the schedule of conditions outlined in attachment 3 of this report.

 

For the motion:               Councillors Hoban, South and Finlayson       (Total 3)

Against the motion:         Councillors Ballangarry, Flack and Smyth      (Total 3)

The Mayor exercised her casting vote in accordance with her practice of only using it where her vote is consistent with the staff recommendations.


 

 

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.


 

 

143/16 Resolved:        (Ainsworth/Finlayson)

 

That Item 9.3 be brought forward as the applicant was in the gallery.

 

 

ITEM 9.3      DA2015/099        310316      Use of Public Reserve as Asset Protection Zone for Proposed Development

Motion:      (Flack/Smyth)

 

That Council:

 

1        Permit the proposed subdivision on Lot 1 DP 1119830 to rely on the existing grassed areas managed by Council as part of a plan of management within the adjoining Farringdon playing fields (Lot 76 DP 832082) for the purposes of an asset protection zone.

 

2        Not permit the creation of an asset protection zone within the unmanaged area of Lot 76 DP 832082.

 

3        Not permit the creation of an asset protection zone on Lot 23 DP 790194 or the adjoining Bellwood Road reserve.

 

4        Provide the applicant 60 days to amend development application DA2015/099 by either:

·      Providing amended plans and bushfire report demonstrating that asset protection zones required for each proposed lot in accordance with Planning for Bushfire Protection 2006 will be provided within Lot 1 DP 1119830 and existing managed areas of Lot 76 DP 832082, or

·      Withdraw the development application.

If the applicant has not responded by undertaking one of the above options within 60 days; the development application is to be referred to the Northern Joint Regional Planning Panel for refusal.

 

For the motion:               Councillors Ballangarry, Flack and Smyth                         (Total 3)

Against the motion:         Councillors Hoban, South, Ainsworth and Finlayson         (Total 4)

 

144/16 Resolved:        (Ainsworth/South)

 

1           That Council accept the creation of asset protection zones on public land as requested by the applicant and accept the ongoing maintenance responsibility.

 

2           That Council advise the Joint Regional Planning Panel of its decision and also that the JRPP will need to assess as part of the development application any ecological and cultural impacts which might arise from the creation and maintenance of the asset protection zones.

 

For the motion:               Councillors Hoban, South, Ainsworth and Finlayson         (Total 4)

Against the motion:         Councillors Ballangarry, Flack and Smyth                         (Total 3)

 

Note:  Cr Flack requested that her vote be recorded against this recommendation because Cr Flack opposes the use of high conservation value remnant forest on Council owned land for the benefit of a private developer at ratepayers expense and because there has been no community consultation as to its wishes for the best use of this land.


 

 

The meeting adjourned at 7.07 pm

The meeting resumed at 7.30 pm.


 

 

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.

 

Reason reports are in Closed Meeting:


 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    T021/2015           310316      Tender for the Operation of the Macksville Memorial Aquatic and Fitness Centre

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.


 

ASSISTANT General Manager ENGINEERING Report

For Confidential Business Paper in Closed Meeting

ITEM 12.2    T001/2016           310316      Tender T001/2016 for the preparation of an Integrated Water Cycle Management (IWCM) Strategy - Consultant Engagement

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.


 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.30 pm.

 

DELEGATION IN CLOSED MEETING

 

12.1             Tender for the Operation of the Macksville Memorial Aquatic and Fitness Centre

          i         Mr Brad Paterson on behalf of Community Aquatics PTY LTD

          ii        Mr Richard Price, Jenny Adams, Danielle Gilbert and Matt Phelan

                   on behalf of YMCA


 

 

RESUME IN OPEN MEETING

145/16 RESOLVED:        (South/Ainsworth)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 10.06 pm.

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

 

ITEM 12.1    T021/2015           310316      Tender for the Operation of the Macksville Memorial Aquatic and Fitness Centre

146/16 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council note the presentations by YMCA NSW and Community Aquatics Pty Ltd.

 

2        That there be a further report to Council on the preferred tenderer to operate the Macksville Memorial Aquatic and Fitness Centre.


 

 

For Confidential Business Paper in Closed Meeting

 

ITEM 12.2    T001/2016           310316      Tender T001/2016 for the preparation of an Integrated Water Cycle Management (IWCM) Strategy - Consultant Engagement

147/16 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council note the fee proposal from NSW Public Works for the preparation of an Integrated Water Cycle Management Strategy Plan.

 

2        That Council update the Contract Register.


 

 

General Manager Report

 

ITEM 9.1      SF959                310316      Outstanding Actions and Reports

148/16 RESOLVED:        (Ainsworth/Finlayson)

 

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


 

 

ITEM 9.2      LF7116               310316      Drainage Issue - 8 Loftus Lane, Nambucca Heads

Recommendation:

 

That Council receive a report from the Engineer on options for improving water flow through the property and the costs of those options.


 

 

Item 9.4 was dealt with under Delegations.


 

 

ITEM 9.5      SF2173              310316      Outstanding DAs greater than 12 months OR where submissions received - 9 March - 22 March 2016

149/16 RESOLVED:        (Flack/Smyth)

 

That the information be noted by Council.


 

 

ITEM 9.6      SF1031              310316      Review of Donations Policy

150/16 RESOLVED:        (Flack/Ainsworth)

 

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


 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF1120              310316      Grant Application Status Report

151/16 RESOLVED:        (Flack/Smyth)

 

That Council receive the list of grant applications to 23 March 2016, and the list of current grant funding available from Council’s new Grants Calendar.


 

 

ITEM 10.2    SF251                310316      Schedule of Council Public Meetings

152/16 RESOLVED:        (Flack/South)

 

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


 

 

ITEM 10.3    SF338                310316      Tewinga Community Centre Committee of Management AGM - 5 March 2016 - Minutes

153/16 RESOLVED:        (Flack/Smyth)

 

That Council endorse the Minutes of the Committee of Management for the Tewinga Community Centre’s Annual General Meeting held on 5 March 2016 and thank the outgoing Committee for their work in the past twelve months.


 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF61                  310316      Surf Life Saving Report - March 2016

154/16 RESOLVED:        (Ainsworth/Flack)

 

That Council receive and note the Season Report for 2015/2016 from the Australian Lifeguard Service.


 

 

ITEM 11.2    T001/2016           310316      Tender T001/2016 for the preparation of an Integrated Water Cycle Management Plan - Consultant Engagement

155/16 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council accept the upper limit fee proposal from NSW Public Works for the preparation of an Integrated Water Cycle Management Plan dated March 2016 (Proposal No. WSP 16011).

 

2        The Council note the report in the Closed meeting.

 

For the motion:               Councillors Hoban, South, Ainsworth, Finlayson, Smyth, Flack and Ballangarry                                    (Total 7)

Against the motion:         Nil


     

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 10.17 pm. 

 

Confirmed and signed by the Mayor on Thursday 14 April 2016.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)