PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM (arrived 6.06pm)

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)

Keith Williams (Act/AGM Engineering Services)

Lorraine Hemsworth (Minute Secretary)

 

 

APOLOGIES

 

Cr Martin Ballangarry OAM – apologies for being late

 

 

PRAYER

 

Reverend Ross Duncan, Nambucca Anglican Church, offered a prayer on behalf of the Nambucca Minister's Association.

 

DISCLOSURE OF INTEREST

 

Councillor K MacDonald declared a non-pecuniary – less significant conflict of interest in Item 9.4 Proposed Tennis Club House under the Local Government Act as Cr MacDonald is a social member of the Tennis Club.  Cr MacDonald remained in the meeting for the discussion of this item.

 

Councillor K MacDonald declared a pecuniary interest in Item 11.2 Nambucca Shire Traffic Committee Meeting Minutes – 5 April 2016 under the Local Government Act as Cr MacDonald works for a fuel company.  Cr MacDonald left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 31 March 2016

156/16  RESOLVED:       (Flack/Smyth)

 

That the minutes of the Ordinary Council Meeting of 31 March 2016  be confirmed.

 

 


NOTICE OF MOTION - CR Hoban

ITEM 5.1      SF2183              140416      Notice Of Motion – Councillors’ Work Health And Safety Obligations (SF164)

157/16  RESOLVED:       (Hoban/South)

 

That Council note the Work Health and Safety Act 2011 obligations of Councillors according to legal advice provided to LGNSW.

 

 

NOTICE OF MOTION - CR Hoban

ITEM 5.2      SF2183              140416      Notice Of Motion – Request For Reduction In Speed Limit Valla Beach Road (SF1540)

158/16 RESOLVED:        (Hoban/MacDonald)

 

That Council apply to RMS through the Local Government Road Safety Program to have the speed limit from the railway bridge to the western side of Kuta Ave on Valla Beach Road reduced to 40kph.

 

 

 

 

NOTICE OF MOTION - CR Finlayson

ITEM 5.3      SF2183              140416      Notice of Motion - Climate Change (SF1075)

159/16  RESOLVED:       (Finlayson/Ainsworth)

 

That the Notice of Motion in relation to Climate Change be deferred to the Council meeting on 26 May 2016.

 

 

 

 

NOTICE OF MOTION - CR Flack

ITEM 5.4      SF2183              140416      Notice of Motion - Energy Use and Climate Change Adaptation Program and Budget (SF688)

 MOTION:     (Flack/Smyth)

 

That Council includes an annual Sustainable Energy Use and Climate Change Adaptation Program budget in its Environment Levy Program and considers appropriate project opportunities when it considers the draft 2016/17 Environment Levy Program and Budget.

 

Amendment:       (Ainsworth/Finlayson)

 

That a report be prepared on the opportunities for energy efficiency in Council’s operations with a suggested budget.

 

The amendment was lost.

 

 

 

 

160/16  Resolved:       (Flack/Smyth)

 

That Council includes an annual Sustainable Energy Use and Climate Change Adaptation Program budget in its Environment Levy Program and considers appropriate project opportunities when it considers the draft 2016/17 Environment Levy Program and Budget.

 

 

  

6.06 pm – Cr Ballangarry entered the meeting and apologised for lateness.

 

DELEGATIONS

That the following Delegation be heard:

 

5.2     Notice Of Motion – Request For Reduction In Speed Limit Valla Beach Road (SF1540)

          Mr Graham Jenson – collected petitions and handed to Council to request Council support to approach the RMS for a reduction of the speed limit on the Valla Beach Road

 

That the following Public Forums be heard:

 

i)           Ms Judith Tobin - Public Forum - Mayor read issues on Ms Tobin’s behalf

161/16  Resolved:       (Smyth/Morrison)

 

That there be a report on the cost of Council providing the bulky goods pick up once or twice a year plus a comment on the voucher system which is being trialled.

 

ii)          Ms Carrolline Rhodes - Public Forum - Valla Beach North of Footbridge

·                vehicles and dogs going into the Not Permitted areas

·                lady assaulted when a person thought she had taken a photo of a car registration

·                request for sign to be moved closer to water so it can be better seen

·                request for Ranger to patrol this section of the beach

 

iii)         Mr Michael Joyce - Public Forum - Condition of Road from Ocean View Drive to Lions Reserve

·                Unsealed road through Lions Reserve

·                Increase in people using the fish table

·                Dirt road adjacent to village and resort

·                With increase in traffic comes large amounts of dust

·                Request Council to lightly seal the road

·                Council to take up with the Valla Beach Community Association

 

iv)        Ms Tracey Suter - Public Forum - Valla Beach Public Seating Project

·                Advised of public seats being designed by TAFE students

·                Hope to install seats with Council support in Valla Beach and Valla Rural

 

v)         Mr Bim Morton - Public Forum - Tafe Teacher Regarding Valla Beach Seating Project

·                Discussed the seating program

 

vi)        Ms Susan Jenvey – Public Forum – NSW Draft North Coast Regional Plan

·                Expressed concerns about the provisions of the Draft North Coast Regional Plan

·                Expressed concerns about the Valla Quarry

·                Would like to see mining licences repealed

·                Spoke of organic farming in the area as a better economic outcome

 

 

 

 

162/16  Resolved:       (Flack/Ainsworth)

 

That the recording of this Council meeting be permitted.

 

vii)       Ms Chels Marshall – Public Forum - Overview of Cultural and Environmentally Significant areas

·                Biruygan came from Valla area

·                Very significant

·                Phenomenal biodiversity in area

·                Request that Council meet with all groups to consolidate a response to the Department of Planning and Environment

·                General Manager advised report to Council meeting of 12 May 2016

 

viii)      Paul Coe – Public Forum - East West Road and Valla Beach Intersection

·                Burkes Lane, East West Road and Valla Roads all had separate intersections

·                Concerned about safety of East West Road overpass, intersection, poor sight distance

·                Approached RMS on Information day – no progress

·                No response from Melinda Pavey

·                Lack of merging lane heading north

·                Request for consultation on intersection and speed limits before highway project is finalised

 

ix)        Dr Peter Sobey – Public Forum - Future Directions for Valla

·                Outlined impact of mining

·                Area labelled as suitable for mining

·                Immediate impact is Valla Quarry

·                Complained about noise from Quarry

·                Complained about blasting

 

x)         Gae Marshall – Roadway at Valla Reserve and Off Leash area for dogs

·                Requested an off leash area in Valla Reserve

·                Concerned over the lose of trees in Valla Park

·                Overgrown drain in Park (just inside entrance to Park)

 

xi)        David Smyth – Public Forum – Condition of Mitchells Road

·                Concerned about condition of Mitchells Road

·                Truck speed not observed by trucks (Council trucks major offenders)

·                Lives at eastern end of Mitchells Road

·                A lot more traffic

·                Eastern end of Mitchells Road needs to be upgraded to Echidna Road

·                Little bridge had some planks replaced – planks protruded and need to be looked at as it is a surface hazard

 

 

 

7.10 pm – 7.20 pm          The meeting adjourned for a break

 

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                140416      Outstanding Actions and Reports

163/16  RESOLVED:       (Ainsworth/Flack)

 

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

 

 

 

 

 

ITEM 9.2      SF848                140416      Nambucca Heads Island Golf Club - Rates and Charges

164/16  RESOLVED:       (Morrison/Ainsworth)

 

1        That the information concerning the provision of a credit adjustment to the Nambucca Heads Island Golf Club be received.

 

2        That there be a further report to Council on the review of ratepayers with large sewer access charges.

 

 

 

 

 

ITEM 9.3      DA2015/093        140416      DA2015/093 - Use of Shed as Depot - Modification

MOTION:      (Flack/Smyth)

 

The request to modify the development consent be refused for the following reasons:

 

1        Council’s standard requirements for new traffic generating development with access to a sealed road requires sealing of the access to a minimum of 3 metres within the property boundary or 10 metres from the edge of the road so as to minimise the tracking of gravel and sediment onto the road pavement.

 

2        The approved hours of operation are consistent with consent conditions applied to development that may cause local noise impacts.

 

3        The modifications sought to conditions 17 and 18 are incapable of enforcement.

 

Amendment:       (Hoban/Ainsworth)

 

The request to modify the development consent be refused except for the requested change to Condition 18 which be approved for the following reasons:

 

1        Council’s standard requirements for new traffic generating development with access to a sealed road requires sealing of the access to a minimum of 3 metres within the property boundary or 10 metres from the edge of the road so as to minimise the tracking of gravel and sediment onto the road pavement.

 

2        The approved hours of operation are consistent with consent conditions applied to development that may cause local noise impacts.

 

 

WithdrawAL:      (Hoban/Ainsworth)

 

That the Amendment be withdrawn.

 

 

Amendment:       (Hoban/Ainsworth)

 

That the Item be deferred to seek further clarification in relation to the request regarding Condition 18.

 

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

 

165/16  Resolved:       (Hoban/MacDonald)

 

That the Item be deferred to seek further clarification in relation to the request regarding Condition 18.

 

 

 

 

 

ITEM 9.4      DA2016/035        140416      Proposed Tennis Clubhouse

166/16  RESOLVED:       (Ainsworth/Smyth)

 

That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2016/044 for the construction of a tennis club house at Lot 7010 DP 1054529 Wellington Drive, Nambucca Heads, subject to the schedule of conditions outlined in attachment 2 of this report.

 

For the motion:                        Councillors Hoban, South, MacDonald, Ainsworth, Finlayson, Smyth, Flack,   Morrison and Ballangarry    (Total 9)

Against the motion:        Nil                                           (Total 0)

 

 

 

 

 

ITEM 9.5      SF1541              140416      Planning Proposal - Addition to House Keeping Amendment - Waratah St Scotts Head

167/16  RESOLVED:       (Ainsworth/Morrison)

 

That Council resolve to rezone land at 54 Waratah Street Scotts Head from R3 Medium Density Residential to B4 Mixed Use and submit the amendment to the Minister of Planning and Environment for Gateway Determination in accordance with the Environmental Planning and Assessment Act 1979. It will be requested that this amendment be included as part of Councils recent gateway application for a housekeeping amendment.

 

For the motion:                        Councillors Hoban, South, MacDonald, Ainsworth, Finlayson, Smyth, Flack,  Morrison and Ballangarry    (Total 9)

Against the motion:        Nil                                           (Total 0)

 

 

 

 

 

ITEM 9.6      SF2172              140416      Minutes of the Nambucca Shire Council Access Committee meeting held 23 February 2016

168/16  RESOLVED:       (Flack/Smyth)

 

1        That a note of thanks from the  Access Committee be passed on to Council staff for their continued work to improve facilities for people with disabilities, particularly in regard to the improvements to public amenities.

 

2        That Council note discussions regarding change facilities for adults with disabilities at Macksville Memorial Aquatic Centre and that although an application for funding did not proceed on this occasion, the concept be listed for forward planning.

 

3        That Council endorse the remaining minutes of the Nambucca Shire Council Access Committee meeting held 23 February 2016.

 

 

 

 

 

ITEM 9.7      SF2172              140416      Minutes of the Nambucca Shire Council Access Committee meeting held 22 March 2016

169/16  RESOLVED:       (MacDonald/Flack)

 

That Council endorse the minutes of the Nambucca Shire Council Access Committee meeting held 22 March 2016.

 

 

 

 

ITEM 9.8      SF2173              140416      Outstanding DAs greater than 12 months OR where submissions received - 23 March - 5 April 2016

170/16 RESOLVED:        (Ainsworth/MacDonald)

 

That the information be noted by Council.

 

 

 

ITEM 9.9      SF2173              140416      2016 March - Received Development Applications and Complying Development Applications

171/16  RESOLVED:       (Ainsworth/MacDonald)

 

That the Development Applications and Complying Development Applications received in March 2016 be received for information.

 

 

 

ITEM 9.10    SF2173              140416      2016 March - Approved Construction Certificates and Complying Development Certificates

172/16  RESOLVED:       (Flack/South)

 

That the Construction and Complying Development Certificates approved for March 2016 be noted and received for information by Council.

 

 

 

 

Assistant General Manager Corporate Services Report

ITEM 10.1    SF2116              140416      Investment Report To 31 March 2016

173/16  RESOLVED:       (MacDonald/Ainsworth)

 

That the Accountants’ Report on Investments placed to 31 March 2016 be noted.

 

 

 

 

ITEM 10.2    SF251                140416      Schedule of Council Public Meetings

174/16  RESOLVED:       (Flack/Ballangarry)

 

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    SF2218              140416      Tender for Supply and Delivery of Modular Concrete Bridge Components (SPT081617NAM)

175/16  RESOLVED:       (Ainsworth/Finlayson)

 

1        That Council accept tenders from the following suppliers:

                   Holcim(Australia) Pty Ltd t/as Humes

                   Rocla Pipeline Products

                   Waeger Constructions Pty Ltd

 

2        That the panel contract is to run for a period of 24 months commencing 15 April 2016 to 15 April 2018.

 

3        That a provision be allowed for a 12 month extension based on satisfactory supplier performance which may take SPT081617NAM contract through to 15 April 2019.

 

For the motion:                        Councillors Hoban, South, MacDonald, Ainsworth, Finlayson, Smyth, Flack,  Morrison and Ballangarry    (Total 9)

Against the motion:        Nil                                            (Total 0)

 

 

 

Cr MacDonald left the meeting for this point 6 of this Item at 8.06 pm and returned after the conclusion of the Item at 8.12 pm.

 

ITEM 11.2    SF90                  140416      Nambucca Shire Traffic Committee Meeting Minutes - 5 April 2016

176/16  RESOLVED:       (Flack/Ballangarry)

 

That Council:

 

2        Install signs to reinforce No Stopping restrictions at the corner of Ridge and Hill Streets, Nambucca Heads.

 

3        i)        Approve the road closures subject to the following being received by Council:

 

·           Certificate of Currency for Public Liability Insurance

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

·           Police approval for the road closure.

 

          ii)       Endorse the road closures for the ANZAC DAY marches to be held on ANZAC DAY 25 April 2016, following the receipt of the appropriate documents from the Returned and Services League of Australia, Macksville, Bowraville and Nambucca Heads branches, as follows:

 

          a        Macksville - Dawn Service between 0500 and 0630 hours; and again between

                                      1030 and 1230 hours;

 

          b        Bowraville - between 0945 and 1115 hours; and

 

          c        Nambucca Heads - between 0830 and 0930 hours.

 

          iii)      Advertise the road closures seven (7) days prior to Anzac Day March.

 

4        Install signage advising motorists of a NO PARKING zone outside 11 Ocean Street, Scotts Head.

 

5        i)        Aprove the extension of the Cook Street Bus Zone for an additional 20m south.

 

         ii)       Replace bus zone signage to remove inconsistences and reflect actual bus company usage.

 

          iii)     Note that at this stage there is no funding available for an additional set flashing lights at the School Zone as requested by the Bowraville Central School.

 

7        Change School Bus Zone times at Macksville High School to 8.00 am – 9.00 am and 2.30 pm – 4.00 pm School Days.

 

177/16  Resolved:       (Ainsworth/Finlayson)

 

1        i)        Note the contents of the report into the merits of nose-to-kerb on-street parking in Bowra Street, Nambucca Heads and retain the existing rear-to-kerb angled parking arrangements

 

ii)       Thank the Nambucca Heads & Valla Beach Chamber of Commerce for their interest in trialling an amended parking arrangement in Bowra Street Nambucca Heads and notify them of the reasons why it is not feasible for a trial.

 

 

178/16  Resolved:       (Flack/Smyth)

 

That Council write to the Nambucca Heads & Valla Beach Chamber of Commerce & Industry Inc and advise of Council’s decision and advise them if they would consider a survey of members to assess interest in a trial of nose-to-kerb parking.

 

 

179/16  Resolved:       (Flack/Ballangarry)

 

6        Adopt the interim road safety measures including “No Stopping” signs and “Keep Clear” line marking as recommended by Traffic Engineers Colston Budd Hunt & Kapes Pty Ltd in Main Street, Nambucca Heads outside the Caltex Service Station.

 

 

     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

180/16  RESOLVED:       (Ainsworth/South)

 

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 above.

 

Reason reports are in Closed Meeting:

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    T021/2015           140416      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.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF848                140416      Nambucca Heads Island Golf Club - Rates and Charges

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 12.3    SF2218              140416      Tender for Supply and Delivery of Modular Concrete Bridge Components” (SPT081617NAM) - Confidential Attachments

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 8.12 pm.

 

RESUME IN OPEN MEETING

RECOMMENDATION:

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 9.10 pm.

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    T021/2015           140416      Tender for the Operation of the Macksville Memorial Aquatic and Fitness Centre

181/16  RESOLVED:       (Finlayson/Ainsworth)

 

1        That Council accept the tender from Community Aquatics Pty Ltd for the operation of the Macksville Memorial Aquatic and Fitness Centre for the next 5 years.

 

2        That Council’s seal be attached to contract documents as required.

 

3        That the relevant provisions of the contract be entered into Council’s contract register.

 

For the motion:                  Councillors Hoban, Flack, South, Ainsworth, Finlayson, Smyth, MacDonald, Morrison and Ballangarry   (Total 9)

Against the motion: Nil                                          (Total 0)

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF848                140416      Nambucca Heads Island Golf Club - Rates and Charges

182/16  RESOLVED:       (Ainsworth/Finlayson)

 

That the information concerning the correspondence and the rates and charges be received.

 

 


For Confidential Business Paper in Closed Meeting

ITEM 12.3    SF2218              140416      Tender for Supply and Delivery of Modular Concrete Bridge Components” (SPT081617NAM) - Confidential Attachments

183/16  RESOLVED:       (Ainsworth/Finlayson)

 

That Council note the confidential attachments in this report pertaining to Item 11.1 in open Council for the tender of the Supply & Delivery of Modular Concrete Bridge Componentry.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 9.15 pm. 

 

Confirmed and signed by the Mayor on 28 April 2016.

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)