PRESENT

 

 

Cr John Ainsworth (Deputy Mayor)

Martin Ballangarry OAM

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

 

Pastor Paul Richardson of the Seventh Day Adventist Church offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

There were no disclosures of interest.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 26 May 2016

 

242/16 RESOLVED:        (MacDonald/Smyth)

 

That the minutes of the Ordinary Council Meeting of 26 May 2016 be confirmed subject to the following amendment:

 

On Page 8 the following note should be at the head of Item 5:

 

Cr Macdonald left the meeting for Item 9.5 at 5.54 pm and returned after the conclusion of the item at 6.41 pm

ITEM 9.5      DA2014/198 260516         Modification to Development Consent DA2014/198


 

 

NOTICE OF MOTION - CR Hoban

 

ITEM 5.1      SF2183              160616      Notice of Motion - Support For Continued Funding To Eliminate Mobile Phone Black Spots (SF617)

243/16 RESOLVED:        (Ainsworth/MacDonald)

 

That Council write to the Federal Coalition and the Australian Labor Party supporting the need for continued funding to eliminate mobile phone blackspots to ensure access to ‘000’ emergency numbers in the Nambucca Valley and across Australia.


 

 

NOTICE OF MOTION - CR Hoban

 

ITEM 5.2      SF2183              160616      Notice Of Motion – TAFE Training Partnership On Council’s Industrial Land – Railway Road Nambucca Heads (SF652)

244/16 RESOLVED:        (South/Morrison)

 

That Council note the successful partnership with TAFE for the use of one of Council’s industrial blocks on Railway Road as a training facility for Civil Construction; Plant Operations trainees and congratulate the Manager of Business Development on his initiative.


 

 

DELEGATIONS

RECOMMENDATION:

 

That the following delegations be heard:

 

9.10       DA2016/050 Dwelling House and Shed Lot 114 DP 861793 Valla Road, Valla

          i)   Ms Kay Rudder—Objector

          ii)  Mr Guido Eberding—Applicant

 

Ms Rudder addressed Council making the following points:

·    Requested the Item be deferred to the next Council meeting.

·    Only found out this afternoon that the land is rated as Farmland, not grazing land

·    They have a case to put forward.  Were advised by Council in 1996 that this issue would not be discussed in future.

 

Mr Eberding addressed Council making the following points:

·    Is an architectural designer

·    Is the designer of this house

·    Currently grazing land

·    The new dwelling would be in line with adjoining houses

·    Supports Council making a decision today.

 

ITEM 9.10    DA2016/050        160616      DA2016/050 Dwelling house and shed Lot 114 DP 861793 Valla Road, Valla

245/16 RESOLVED:        (Morrison/Finlayson)

 

That the matter be deferred to the next Council meeting on 30 June 2016.

 

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

Against the motion:         Nil


 

 

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                160616      Outstanding Actions and Reports

246/16 RESOLVED:        (Finlayson/MacDonald)

 

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


 

 

ITEM 9.2      SF839                160616      Annual Reporting of Contracts for Senior Staff

247/16 RESOLVED:        (Finlayson/MacDonald)

 

That the information concerning the provisions of the employment contracts for the General Manager, Assistant General Manager Engineering Services and Assistant General Manager Corporate Services be received.


 

 

ITEM 9.3      SF621                160616      Aboriginal Land Claim 35939 at Bowraville

248/16 RESOLVED:        (Finlayson/Smyth)

 

That Council advise the Department of Primary Industries Lands that the longstanding Police Station in Bowraville, being contained within Lot 10 DP 758150, is a lawful use and occupation providing for an essential public purpose.  Whether or not the land is “needed” or “likely to be needed” for this essential public purpose is a matter for the NSW Police Force.


 

 

ITEM 9.4      SF600                160616      Proposed Subdivision and Sale of Land Adjoining the Macksville Sewerage Treatment Plant

249/16 RESOLVED:        (Finlayson/Morrison)

 

1        That Council enter into a contract of sale with Mr Gordon for the proposed lot 20 for $87,500 and that approval be provided to enter the land and establish the processing plant under licence.

 

2        That following the establishment of the proposed grease trap waste processing plant, that Council lodge and determine a development application for the proposed two lot subdivision and, if approved, proceed with the registration of the subdivision.

 

3        That Council’s seal be attached to legal documents associated with the subdivision and sale of the land as required.

 

Note:  Cr Smyth and Cr Ballangarry requested their vote be recorded against this resolution as they do not agree that sludge should be processed on a floodplain..


 

 

ITEM 9.5      SF848                160616      Rates and Charges - Review of Ratepayers with Large Sewer Access Charges

250/16 RESOLVED:        (Finlayson/MacDonald)

 

1        That the information concerning the review of ratepayers with large water access charges and the proposed backdated credits be received.

 

2        That the General Fund reimburse the Sewerage Fund for the sewerage access charges payable by the Macksville Memorial Aquatic Centre pending the next scheduled tender in 5 years’ time.


 

 

ITEM 9.6      SF770                160616      Inquiry into Water Augmentation in Rural and Regional NSW

251/16 RESOLVED:        (Finlayson/MacDonald)

 

That the information concerning the inquiry into water augmentation in rural and regional New South Wales be received.


 

 

ITEM 9.7      SF453                160616      Domestic Waste Charges for Properties with Multiple Occupancies

252/16 RESOLVED:        (Smyth/South)

 

1        That Council continue with its approach of levying a domestic waste management service charge on each occupancy on a collection route.

 

2        That this approach be formalised in Council’s Waste Collection Service Policy.

 

3        That the complainant be advised of Council’s decision to continue to levy waste management service charges per occupancy.


 

 

ITEM 9.8      SF1120              160616      Cricket NSW - Request for Matching Funding of $12,500 to Purchase Lawn Mower

253/16 RESOLVEDS:      (Finlayson/South)

 

1        That Council make provision in its 2016/2017 operational plan for the requested $12,500 (excluding GST) donation towards the purchase of a Toro Reelmaster 5510 to be used for the mowing of Thistle Park and the Donnelly Welsh Playing Fields.

 

2        That Council’s contribution is subject to the mower being insured and available for both junior and senior cricket and also for Council staff.

 

3        That Cricket NSW be advised of Council’s decision.


 

 

ITEM 9.9      SF929                160616      Visitor Information Centre - Future Options

254/16 RESOLVED:        (South/Smyth)

 

That Council call for Expressions of Interest to rent or lease the existing Visitor Information Centre, with all EOI’s to include proposals for the provision of visitor information.


 

 

Item 9.10 was dealt with under Delegations.


 

 

ITEM 9.11    SF2172              160616      Minutes of the Nambucca Shire Council Access Committee meeting held 26 April 2016

Motion:      (MacDonald/Morrison)

 

That Council endorse the minutes of the Nambucca Shire Council Access Committee meeting held 26 April 2016.

 

Amendment:       (Morrison/Smyth)

 

1        That Council endorse the minutes of the Nambucca Shire Council Access Committee meeting held 26 April 2016.

 

2        That Council staff provide a report on a revised voucher system being:

          a        two vouchers used for two deliveries

          b        two vouches of which one will be used for collection and the other used for delivery

 

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

 

255/16 Resolved:        (Morrison/Smyth)

 

1        That Council endorse the minutes of the Nambucca Shire Council Access Committee meeting held 26 April 2016.

 

2        That Council staff provide a report on a revised voucher system being:

          a        two vouchers used for two deliveries

          b        two vouches of which one will be used for collection and the other used for delivery.


 

 

ITEM 9.12    SF2172              160616      Minutes of the Nambucca Shire Council Access Committee meeting held 24 May 2016

256/16 RESOLVED:        (MacDonald/Ballangarry)

 

1        That Council notes the Committee’s concerns and the feedback it has received from the public regarding changes to the bulk rubbish collection; and its suggestion that if people have complaints about the withdrawal of the service that they make their concerns known to Council.

 

2        That Council endorse the remaining minutes of the Nambucca Shire Council Access Committee meeting held 24 May 2016.


 

 

ITEM 9.13    SF639                160616      Changes to position titles in the organisation structure

257/16 RESOLVED:        (Finlayson/Smyth)

 

That Council adopt the following changes to position titles in the organisation structure:

·      Grants and Contributions Officer to Grants Officer

·      Ranger x 1 to Ranger Coordinator

·      Attendant/Plant Operator x 1 to Weighbridge Operator

·      Construction Carpenter x 1 to Concreter


 

 

ITEM 9.14    SF2173              160616      Outstanding DAs greater than 12 months or where submissions received - 17 May 2016 - 7 June 2016

258/16 RESOLVED:        (Finlayson/MacDonald)

 

That the information be noted by Council.


 

 

ITEM 9.15    SF2208              160616      Planning Proposal - Addition to House Keeping Amendment - Additional Permitted Land Use in IN1 Land Use Zone

259/16 RESOLVED:        (Finlayson/Morrison)

 

That Council resolve to include vehicles sales and hire premises as a “permitted with consent” land use to the IN1 Land Use Table 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 Council’s recent gateway application for a housekeeping amendment.

 

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

Against the motion:         Nil


 

 

ITEM 9.16    SF2173              160616      2016 May - Received Development Applications and Complying Development Applications

260/16 RESOLVED:        (MacDonald/Finlayson)

 

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


 

 

ITEM 9.17    SF2173              160616      2016 May - Approved Construction and Complying Development Certificates

261/16 RESOLVED:        (MacDonald/Finlayson)

 

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


 

 

ITEM 9.18    SF2025              160616      Joint Organisations - Announcement on Operational Arrangements

262/16 RESOLVED:        (Finlayson/Smyth)

 

1        That the information concerning the proposed operational arrangements for Joint Organisations be received.

 

2        That there be a further report to Council’s meeting on 30 June concerning Council’s submission on the proposals.


 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF251                160616      Schedule of Council Public Meetings

263/16 RESOLVED:        (South/MacDonald)

 

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


 

 

ITEM 10.2    SF317                160616      Macksville Park and Sports Committee of Management AGM - 16 May 2016 - Minutes

264/16 RESOLVED:        (Finlayson/Smyth)

 

That Council endorse the Minutes of the Committee of Management for the Macksville Park and Sports Centre Annual General Meeting held on 16 May 2016 and thank the outgoing Committee for their work in the past twelve months.


 

 

ITEM 10.3    SF1120              160616      Grant Application Status Report

265/16 RESOLVED:        (Finlayson/Smyth)

 

That Council receive the list of grant applications to 9 June 2016, and the list of current grant funding available from Council’s new Grants Calendar.


 

 

ITEM 10.4    SF2130              160616      Draft Integrated Planning and Reporting Documents

266/16 RESOLVED:        (MacDonald/South)

 

That Council adopt the following documents as amended:

 

1                The Draft Operational Plan 2016-17

2                The Draft Revenue Policy 2016-17

3                The Draft Long Term Financial Plan 2016-2026.


 

 

ITEM 10.5    SF2116              160616      Investment Report To 31 May 2016

267/16 RESOLVED:        (Finlayson/South)

 

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


 

 

Assistant General Manager Corporate Services Report– LATE

 

ITEM 10.6    SF2130              160616      Late Report - Final Submissions  - Addendum to Draft Integrated Planning and Reporting Documents Report

268/16 RESOLVED:        (Finlayson/MacDonald)

 

That Council adopt the following documents as amended:

 

1                The Draft Operational Plan 2016-17

2                The Draft Revenue Policy 2016-17

3                The Draft Long Term Financial Plan 2016-2026.


 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF565                160616      Temporary Road Closure Application - Volkswagen Spectacular 30 July 2016

269/16 RESOLVED:        (Morrison/Ballangarry)

 

1        That the Nambucca Shire Local Traffic Committee recommends that Council approve the road closure for the Volkswagen Spectacular event subject to the following documentation 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.

 

2        That the Nambucca Shire Local Traffic Committee recommends that Council advertise the road closure seven (7) days prior to the event as follows:

 

          Event:         Volkswagen Spectacular

          Date:           30 July 2016

          Street:         Bowra Street and Mann Streets, Nambucca Heads from Ridge Street to

                             Palmer Street

          Time:          8.00am and 1.30pm


     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

270/16 RESOLVED:        (Finlayson/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 below.

 

Reason reports are in Closed Meeting:


 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF2086              160616      Valla Urban Growth Area - Proposed Sale of 30,000m2

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) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.


 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF148                160616      Tender for General Insurances

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 12.3    SF839                160616      General Manager's Performance Review

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 7.03 pm.


 

 

RESUME IN OPEN MEETING

 

RECOMMENDATION:

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 9.38 pm

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF2086              160616      Valla Urban Growth Area - Proposed Sale of 30,000m2

271/16 RESOLVED:        (Finlayson/South)

 

1        That Council forward a contract of sale for approximately 30,000m2 of land, being part of Lot 2 DP 1173066, for a purchase price of $3m.

 

2        That the conditions of sale be as per those listed in the summary of this report or otherwise as agreed by the Mayor, General Manager, and Manager Business Development acting with the delegated authority of Council.


 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF148                160616      Tender for General Insurances

272/16 RESOLVED:        (Finlayson/Smyth)

 

1        That Council give notice to Statewide Mutual of its intention to undertake a tender for the provision of its general insurances.

 

2        That Council seek expressions of interest from other councils in participating in a joint tender.


 

Meeting adjourned at 7.33 pm

Meeting resumed at 8.05 pm

 

Cr Finlayson left the meeting at 8.06 pm.

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.3    SF839                160616      General Manager's Performance Review

273/16 RESOLVED:        (South/Ballangarry)

 

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


 

 

CLOSURE

 

There being no further business the Deputy Mayor then closed the meeting the time being 9.39 pm. 

 

Confirmed and signed by the Deputy Mayor on 30 June 2016.

 

 

 

 

CR JOHN AINSWORTH

DEPUTY MAYOR

(CHAIRPERSON)