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

 

 

DISCLOSURE OF INTEREST

 

Councillor K MacDonald declared a pecuniary interest in Item 9.4 Modification to Development Consent DA2014/198 - Old Coast Road North Macksville under the Local Government Act as Cr MacDonald’s sister and brother-in-law have property that may be directly affected by Council’s decision in terms of access, and/or amenity and potential land value.  MacDonald left the meeting for this item.

 

Councillor K MacDonald declared a pecuniary interest in Item 9.5  Connection of Old Coast Road & Florence Wilmont Drive under the Local Government Act as Cr MacDonald’s sister and brother-in-law have property that may be directly affected by Council’s decision in terms of access, and/or amenity and potential land value.  MacDonald left the meeting for this item.

 

Councillor PF Flack declared a non-pecuniary less significant conflict of interest in Item 11.4 Tender No. T008/2016 Construction of Landslip Remediation Structures -  Panel Contract under the Local Government Act as one landslip exists on the roadside adjacent to Cr Flack’s property at Girralong.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 30 June 2016

 

296/16 RESOLVED:        (Flack/Ainsworth)

 

That the minutes of the Ordinary Council Meeting of 30 June 2016 be confirmed.


 

 

DELEGATIONS

 

RECOMMENDATION:

 

That the following delegations be heard:

 

9.5     Connection of Old Coast Road & Florence Wilmont Drive

          i)  Peter McGill—Objector

9.7     Gordon Park Revised Masterplan and Plan of Management

          i)  Barry Duffus OAM—Interested Resident

Cr MacDonald left the meeting for Item 9.5 at 5.35 pm and returned after the conclusion of the Item a 6.33 pm

 

Mr McGill addressed Council making the following points:

·    Objects strongly to the opening of Florence Wilmont Drive as a through road to Old Coast Road

·    Safety is an important aspect for Council’s consideration

·    250 home sites in Kingsworth Estate; over 700 residents

·    Pets are walked, bikes ridden: Estate has no lighting, footpaths or road shoulders

·    Non-residential traffic speeds excessively, leaves rubbish and kills wildlife

·    Quiet enjoyment of the established Estate will be destroyed

·    Owner of land of through road does not agree with the through road

·    Questions marketability of new blocks when other blocks are available elsewhere

·    Objects to an additional 29 blocks being developed for one developer at the experience of 700 residents

 

 

ITEM 9.5      RF312                140716      Connection of Old Coast Road & Florence Wilmont Drive

297/16 RESOLVED:        (Ainsworth/Finlayson)

 

That Council:

1.       Authorise the connection of Florence Wilmont Drive and Old Coast Road by upgrading the existing road to meet Council design standards. The works must be done by or on behalf of Council.

 

2.       Authorise the use of the road by the general public once upgrade works are complete.

 

3.       Provide delegation to the General Manager to appoint others to undertake the works on Council’s behalf.

 

For the motion:                Councillors Ballangarry; Finlayson, Ainsworth, South and Hoban          (Total 5)

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

 

Note: Cr Flack requested her vote be recorded against this resolution as the road connection is not needed, wanted or required and she cannot condone Council making a decision in favour of one developer over the residents’ wishes.

 

Note: Cr Morrison requested his vote be recorded against this resolution as Council has not rightly considered the humanitarian aspect of retirees living in the area.


 

 

DELEGATIONS continued

 

Mr Duffus addressed Council making the following points:

·    If the proposed plans go ahead and more trees are planted that will encourage more flying foxes

·    More needs to be done to remove the flying fox.

 

ITEM 9.7      SF1092              140716      Gordon Park Revised Masterplan and Plan of Management

298/16 RESOLVED:        (Flack/Smyth)

 

1        That Council endorse the revised Masterplan for Gordon Park Nambucca Heads.

 

2        That Council adopt the amended Plan of Management for Gordon Park Nambucca Heads.

 

3        That Council target grant funding opportunities to prepare a flying fox Plan of Management for Gordon Park.


 

 

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                140716      Outstanding Actions and Reports

299/16 RESOLVED:        (Ainsworth/Finlayson)

 

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


 

 

ITEM 9.2      LF968                 140716      Stormwater/Drainage Issues - No's 7, 9, 10 & 11 Bangalow Drive, Nambucca Heads

300/16 RESOLVED:        (Ainsworth/Morrison)

 

That Council note the inspection of stormwater drainage issues pertaining to No’s 7, 9, 10 and 11 Bangalow Drive, Nambucca Heads and that the drainage plans be discussed with the residents following which there be a further report to Council for its consideration.


 

 

ITEM 9.3      SF271                140716      Code of Meeting Practice - Arrangements for Site Inspections

301/16 RESOLVED:        (Flack/Ballangarry)

 

That Council advertises a proposed amendment to its Code of Meeting Practice being the addition of the following sub-clause to Clause 17 which deals with the Agenda and Business Papers for Council Meetings:

 

17.Site inspections undertaken by Council prior to the commencement of a Council meeting are not part of the Council meeting and accordingly the provisions of the Code of Meeting Practice do not apply.  However the Code of Conduct does still apply.(local policy)


 

 

Cr MacDonald left the meeting for Item 9.4 at 6.58 pm and returned after the conclusion of the Item at 6.59 pm.

 

ITEM 9.4      DA2014/198        140716      Modification to Development Consent DA2014/198 - Old Coast Road North Macksville

302/16 RESOLVED:        (Ainsworth/Finlayson)

 

That Council, as the consent authority, pursuant to Section 96 of the Environmental Planning and Assessment Act 1979, modify condition 2 of development consent DA2014/198 in accordance with attachment 6 of the report.

 

For the motion:      Councillors Hoban, South, Ainsworth, Finlayson, Ballangarry and Morrison    (Total 6)

Against the motion:         Councillors Flack and Smyth     (Total 2)

 


Item 9.5 was dealt with under Delegations.


 

 

ITEM 9.6      SF2172              140716      Minutes of the Nambucca Shire Council Access Committee meeting held 28 June 2016

303/16 RESOLVED:        (Hoban/Flack)

 

That Council endorse the minutes of the Nambucca Shire Council Access Committee meeting held 28 June 2016.

 

304/16 Resolved:        (Hoban/South)

 

That Council approve Cr Smyth to prepare a submission on Council’s behalf to the Legislative Assembly and with staff and Councillors to provide feedback by Sunday 17 July 2016.


 

Item 9.7 was dealt with under Delegations.


 

 

ITEM 9.8      SF1031              140716      Policy Review - Compliance, Enforcement and Prosecution

305/16 RESOLVED:        (Ainsworth/MacDonald)

 

That Council adopt the Compliance, Enforcement and Prosecution Policy.


 

 

ITEM 9.9      SF2173              140716      Outstanding DAs greater than 12 months or where submissions received - 21 June 2016 - 5 July 2016

306/16 RESOLVED:        (Finlayson/Ainsworth)

 

That the information be noted by Council.


 

 

ITEM 9.10    SF2173              140716      2016 June - Received Development Applications and Complying Development Applications

307/16 RESOLVED:        (MacDonald/Ainsworth)

 

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


 

 

ITEM 9.11    SF2173              140716      2016 June - Approved Construction and Complying Development Certificates

308/16 RESOLVED:        (Smyth/South)

 

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


 

 

ITEM 9.12    DA2015/093        140716      DA2015/093 - Use of shed as Depot - Modification - deferral of item

309/16 RESOLVED:        (Ainsworth/South)

 

1        That conditions 17 and 18 of the subject Development Consent be consolidated into one condition stating: ‘The storage and servicing of plant, machinery or goods associated with the development must be confined within the sheds illustrated on the approved plan’.

 

2        That Council does not support the other requested modifications.

 

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

Against the motion:                   Nil


 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF251                140716      Schedule of Council Public Meetings

310/16 RESOLVED:        (Flack/South)

 

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


 

 

ITEM 10.2    SF300                140716      EJ Biffin Playing Fields Committee of Management AGM - 7 March 2016 - Minutes

311/16 RESOLVED:        (Finlayson/Flack)

 

 

1        That Council endorse the Minutes of the Committee of Management for EJ Biffin Playing Fields Annual General Meeting held on 7 March 2016.

 

2        That Council note that no Office Bearers were nominated and that the Committee of Management has now disbanded.

 

3        That Council thanks the outgoing Committee for their work in the past twelve months.

 

4        That the Council seek expressions of interest for volunteers to form a Committee of Management for the EJ Biffin Playing Fields.


 

 

ITEM 10.3    SF332                140716      Scotts Head Tennis Club Committee of Management - Minutes of the Annual General Meeting - 16 June 2016

312/16 RESOLVED:        (Flack/MacDonald)

 

That Council endorse the Scotts Head Tennis Club Committee of Management’s minutes of the Annual General Meeting held on 16 June 2016 and thank the outgoing Committee for their work in the past twelve months.


 

 

ITEM 10.4    SF2116              140716      Investment Report To 30 June 2016

313/16 RESOLVED:        (Ainsworth/Finlayson)

 

That the Accountants’ Report on Investments placed to 30 June 2016 be noted.


 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF84                  140716      NSW RFS - Amendment to Rural Fire Fighting Fund Allocation Methodology

314/16 RESOLVED:        (South/Ainsworth)

 

That Council receive and note the information on the amendment to the methodology for calculating the Rural Fire Fighting Fund allocation.


 

 

ITEM 11.2    SF2193              140716      Application for Temporary Road Closure  Drag-Ens Hot Rod Displays - 2016

315/16 RESOLVED:        (MacDonald/Smyth)

 

1        That Council endorse the Temporary Road Closure Application from Drag-Ens Hot Rod Club to hold a Hot Rod Display and Billy Cart Derby between 8.00am and 2.00pm on Friday 30 September 2016 as follows:

 

·      High Street, Bowraville – George Street to Young Street

 

2        That Council endorse the Temporary Road Closure Application from Drag-Ens Hot Rod Club to conduct the annual Hot Rod Display between 8.00am and 1.00pm on Saturday 1 October 2016 as follows:

 

·      Bowra Street and Mann Street Nambucca Heads – Ridge Street to West Street

 

3        That Council notes the following information has been received for both the above 2 events:

 

·      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.


 

 

ITEM 11.3    SF818                140716      Bowra Dam - Endorsement of Review of Environmental Factors to Support an Amendment to the Licence Conditions for Environmental Release.

316/16 RESOLVED:        (Flack/Smyth)

 

1        That Council endorse the Review of Environmental Factors (REF) for submission to the DPI – Water (Our Ref: TRIM 14261/2016) and apply for a amendment to the licence conditions pertaining to environmental releases for the operation of Bowra Dam.

 

2        That Council authorise the Manager Water and Sewerage to meet with DPI–Water, if required, to support Council’s case for seeking the amendment to the licence for operating Bowra Dam.


 

 

ITEM 11.4    T008/2016           140716      Tender No. T008/2016 Construction of Landslip Remediation Structures -  Panel Contract

317/16 RESOLVED:        (MacDonald/Ainsworth)

 

1        That Council adopt the panel of contractors detailed below as “Pre-Approved Providers” for tender T008/2016 Construction of Landslip Remediation Structures as a Panel Contract for a period of two years, with an option at Council's discretion to extend the contract for a further twelve month period:

·      Concrib Pty Ltd

·      Earthtec Pty Ltd

·      Elite Retaining Systems Pty Ltd t/as Australian Marine & Civil

·      Fred Keizer Constructions

·      Fusion Civil Pty Ltd

·      Kerr Earthworks and Road Construction

·      Nviroscope Pty Ltd

·      Specialised Geo

·      Sporting Services (Const) Pty Ltd t/as Pan Civil.

 

2        That the quotations received for landslip remediation works be reported back to Council for authorisation to award individual projects on the basis of a lump sum quotation for specific packages of work.

 

3        That the General Manager be authorised to exercise the options to extend the contract for a twelve month period subject to satisfactory performance of the contractors.

 

4        That the information concerning the individual tenders listed in the confidential report be adopted.

 

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

Against the motion:                   Nil


 

     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

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 below.

 

Reason reports are in Closed Meeting:


 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    T008/2016           140716      Tender T008/2016 - Construction of Landslip Remediation Structures - Panel Contract

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    SF2182              140716      Outstanding Water Account

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.


 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.16 pm.


 

 

RESUME IN OPEN MEETING

 

Resolved:          (Ainsworth/South)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 8.04 pm.

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    T008/2016           140716      Tender T008/2016 - Construction of Landslip Remediation Structures - Panel Contract

318/16 RESOLVED:        (Ainsworth/Finlayson)

 

That Council note the information provided in the Tender Submission rates (TRIM 22524/2016) attached to this report for the Panel Contract T008/2016 Construction of Landslip Remediation Structures.


 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF2182              140716      Outstanding Water Account

319/16 RESOLVED:        (Hoban/Flack)

 

1           That the information concerning the outstanding water account be noted and that the debtor be requested to meet with the Mayor, General Manager and Rates Officer within 3 weeks for the purposes of agreeing on a payment arrangement for their outstanding balance.  Further, pending the outcome of the meeting that Council continue to waive all accruing interest on the outstanding balance of the customer’s water account.  And further, that the debtor be requested to have representation from their external auditor to attend that meeting.

 

2        That the Mayor, General Manager and Rates Officer be provided with delegated authority to enter into a payment arrangement and that the arrangement be reported to Council for information.

 

Motion:      (Morrison/Ainsworth)

That Council receives a report that a two tiered pricing system be introduced for not-for-profit community clubs and groups where water usage is over 10,000 kl per year.  Normal pricing up to 10,000 kl and 50% thereafter.  This is to include water, sewerage and trade waste.

 

The motion was LOST.


 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 8.06pm. 

Confirmed and signed by the Mayor on 28 July 2016

 

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)