PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

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)

 

 

APOLOGY

Cr Brian Finlayson

 

 

PRAYER

 

Pastor Ross Duncan, Anglican Church Nambucca Heads, 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 5.3 Notice of Motion - Outstanding Water Rates - Not for Profit Organisations under the Local Government Act as Cr Morrison is a social member of the Nambucca Heads Island Golf Club.  He holds no executive position in the Club and is not involved in any decision making committees. 

 

Councillor K MacDonald declared a pecuniary significant conflict of interest in Item 11.1 T006/2016 Tender for the Design and Construction of a Pressure Sewerage System at South Nambucca Heads under the Local Government Act as Cr MacDonald's sister will receive an invoice regarding sewerage connection as a result of this tender.  Cr MacDonald left the meeting for this item.

 

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 14 July 2016

 

320/16 RESOLVED:        (South/Flack)

 

That the minutes of the Ordinary Council Meeting of 14 July 2016 be confirmed and it should be noted that:

Page 14 Motion: Item 12.2 –Cr Morrison believes that the motion was Withdrawn (not Lost).


 

 

NOTICE OF MOTION - CR Ballangarry

 

ITEM 5.1      SF2183              280716      Notice of Motion - Acknowledgment of Country - Code of Meeting Practice (SF271)

Motion:      (Ballangarry/Flack)

 

1        That Council’s Code of Meeting Practice be amended to include a requirement that an Acknowledgement of Country be performed at the commencement of each Ordinary Council meeting, Committee meetings and Management Committee meetings, with the Acknowledgment to read:

 

          ‘I would like to acknowledge the Gumbaynggirr people who are the Traditional Custodians of this Land.  I would also like to pay respect to the Elders both past and present and extend that respect to any Aboriginal People present.’

 

2        That all Committees be advised of the requirement that an Acknowledgement of Country be included in the agenda and performed at the commencement of each meeting.

 

Amendment:       (Morrison/Ainsworth)

 

That this item be deferred to first meeting of the new Council.

 

The amendment was LOST.

 

321/16 Resolved:        (Ballangarry/Flack)

 

1        That Council’s Code of Meeting Practice be amended to include a requirement that an Acknowledgement of Country be performed at the commencement of each Ordinary Council meeting, Committee meetings and Management Committee meetings, with the Acknowledgment to read:

 

          ‘I would like to acknowledge the Gumbaynggirr people who are the Traditional Custodians of this Land.  I would also like to pay respect to the Elders both past and present and extend that respect to any Aboriginal People present.’

 

2        That all Committees be advised of the requirement that an Acknowledgement of Country be included in the agenda and performed at the commencement of each meeting.


 

 

NOTICE OF MOTION - CR Morrison

 

ITEM 5.2      SF2183              280716      Notice of Motion - Request for Leave - Cr Bob Morrison (SF1788)

322/16 RESOLVED:        (Morrison/South)

 

That Cr Bob Morrison be granted leave of absence in accordance with Section 234(d) of the Local Government Act for Thursday 11 August 2016.


 

 

NOTICE OF MOTION - CR Morrison

 

Item 5.3 was dealt with under Delegations.


 

 

PUBLIC FORUMS and DELEGATIONS

RECOMMENDATION

 

That the following public forums and delegations be heard:

          PUBLIC FORUMS

i)              Miss Jasmin Smith – Youth Fronteer Program, Nambucca Heads High School - —Basketball Court for Valla

ii)             Mr Brent Smee – Youth Fronteer Program, Macksville High School —Basketball Court for Nambucca Heads  

iii)            Mr Paul Kelsall – Acquisition of Council Land – Railway Road

         

          DELEGATIONS

5.3     Notice of Motion - Outstanding Water Rates - Not For Profit Organisations 

i)              Mr John O’Neill – President, Nambucca Heads Island Golf Club

ii)             Ms Henny Oldenhove – Vice President, Nambucca Heads Island Golf Club

 

DELEGATIONS:

Mr O’Neill addressed Council making the following points:

·    Wished to introduce the Vice President

·    Club is run by Board of 7 directors, all retired professionals

·    None receive remuneration

·    Directors provide significant volunteer hours

·    Volunteers work on the course (100 hours per week)

·    Volunteers work in the Club eg raffles

·    Revenue derived from membership, hospitality and gaming

·    Fees at a limit of feasibility

·    No money available for Club enhancements

·    Requires upgrading, refurbishment

·    Thought bridge was to be maintained by Council but it is to be maintained by the Club according to the lease

·    Recent fraud was swiftly dealt with and in hands of insurers

·    Club looking to maintain financial stability and provide Valley for a place to come and enjoy themselves

·    Club runs activities to raise money for charity, veterans’ tournaments (mostly from outside the Valley), support the “grey nomad” golf trail, support local schools

·    Membership is representative of demographic of the Valley

·    Fees are reviewed annually

·    Water consumption per year around 19,000kl

 

Ms Oldenhove addressed Council making the following points:

·    One of the major sporting associations in the Valley

·    300 golfing members   1500 social members

·    Members 60 years and over

·    Social and health benefits for that age group

·    Fee structure set to limits of those members

·    Club provides other community activities

·    Provide access for aged care homes to bring patrons to the Club

·    Attract visitors and tournaments to the Valley

·    80 visitors per week

·    Major attraction is an 18 hole course

·    Work hard to bring visitors to the Valley

·    Provide apprenticeships and employment

·    Maintain a number of Aboriginal sites on the course

·    Challenge to maintain financial viability

·    Need to maintain quality course

·    Challenge is to secure lease

·    Challenge is access to the course, poorly designed bridge

·    Patronage is weather dependent

 


ITEM 5.3      SF2183              280716      Notice of Motion - Outstanding Water Rates - Not For Profit Organisations (SF2128)

Motion:      (Morrison/Ainsworth)

 

That Council apply the "vulnerable customer" concept to the Nambucca Heads Island Golf Club from the beginning of last financial year (1 July 2015) at the applicable water, sewerage and trade waste charges for the golf club at the normal rate for the first 10,000kl usage per year (833kl per month) and thereafter 50% of the applicable rates.

 

Amendment:       (Hoban/Smyth)

 

1        That Council write to Nambucca Heads Island Golf Club and ask them to advise on action they have taken and intend to take to ensure their financial sustainability and reduce their water consumption into the future.

 

2        That Council receive a report on alternate methods to assist the Nambucca Heads Island Golf Club without altering Council’s adopted fees and charges to be considered by the new Council.

 

3        That Council request a definition of the term “vulnerable customer” from the Office of Water.

 

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

 

323/16 Resolved:        (Hoban/Smyth)

 

1        That Council write to Nambucca Heads Island Golf Club and ask them to advise on action they have taken and intend to take to ensure their financial sustainability and reduce their water consumption into the future.

 

2        That Council receive a report on alternate methods to assist the Nambucca Heads Island Golf Club without altering Council’s adopted fees and charges to be considered by the new Council.

 

3        That Council request a definition of the term “vulnerable customer” from the Office of Water.

 

Note:  Cr Morrison requested his vote be recorded against the motion as he believes there is no equity in the decision. The Aquatic Centre receives $450,000 in assistance but the Golf Club receives no assistance but instead pays $100,000 in fees, charges etc.


 

 

NOTICE OF MOTION - CR Ballangarry – LATE

 

ITEM 5.4      SF2183              280716      Notice of Motion - Request to Attend Local Government Aboriginal Network Conference 24 - 26 August 2016 - Tweed Heads (SF352)

324/16 RESOLVED:        (Ballangarry/Flack)

 

That Cr Martin Ballangarry OAM be granted leave to attend the Annual Local Government Aboriginal Network in Tweed Head from 24 to 26 August 2016

 


 

PUBLIC FORUMS:

i)              Miss Jasmin Smith – Youth Frontiers Mentoring Program, Nambucca Heads High School - —Basketball Court for Valla

ii)             Mr Brent Smee – Youth Frontiers Mentoring Program, Macksville High School —Basketball Court for Nambucca Heads  


 

 


325/16 Resolved:        (Smyth/Flack)

 

That item 10.1 be brought forward as there were interested parties in the gallery.

 

 

ITEM 10.1    SF395                280716      Loan to Committee of Management Gordon Park Tennis Centre

326/16 RESOLVED:        (Ainsworth/MacDonald)

 

1        The information on proposed administrative arrangements for an interest free loan to the Committee of Management, Gordon Park Tennis Centre be received.

 

2        That the information on opportunities for securing financial interests in the Gordon Park Tennis Courts and associated buildings be received.


 

 

Asking of Questions with Notice

 

ITEM 7.1      SF970                280716      Question With Notice - Extracting an Additional 10,000KL of Water - Cost to Council

Recommendation:

 

That Council note the response provided by the Manager Water and Sewerage.


 

 

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                280716      Outstanding Actions and Reports

327/16 RESOLVED:        (Ainsworth/South)

 

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


 

 

ITEM 9.2      SF42                  280716      Amendments to Election Funding and Disclosure Requirements

328/16 RESOLVED:        (Flack/Smyth)

 

That the information concerning Office of Local Government Circular No. 16-22 concerning changes to the Local Government Act 1993, the Election Funding, Expenditure and Disclosures Act 1981 and the Local Government General Regulation 2005 be received.

 

329/16 Resolved:        (Hoban/Ainsworth)

 

That Council write to the Office of Local Government requesting a definition of the term "property developer" and "associate of a property developer" for the purposes of Circular No 16-22.


 

 

ITEM 9.3      SF316                280716      Macksville Gift - Sponsorship Request

330/16 RESOLVED:        (MacDonald/South)

 

That Council provide the 2016 Macksville Gift with sponsorship of $1,000.


 

 

ITEM 9.4      SF770                280716      Inquiry into Economic Development in Aboriginal Communities - Discussion Paper

331/16 RESOLVED:        (Ainsworth/South)

 

That Council forward a submission on the Discussion Paper, Economic Development in Aboriginal Communities, noting the concerns raised in this report and any other matters which Councillors may wish to include being the concern about the limitations placed on economic development caused by restrictive titles.


 

 

ITEM 9.5      SF2173              280716      Outstanding DAs greater than 12 months or where submissions received - 6 July 2016 - 19 July 2016

332/16 RESOLVED:        (Morrison/MacDonald)

 

That the information be noted by Council.


 

 

ITEM 9.6      SF2081              280716      Nambucca River Shoaling Investigation and Dredging Strategy

333/16 RESOLVED:        (Ainsworth/MacDonald)

 

1        The Council note the Shoaling Investigation and Dredging Strategy Report for the Nambucca River Lower Estuary prepared by consultants GHD

 

2        Following consideration of the report by Council’s Estuary Committee, there be a further report to Council concerning a possible maintenance dredging strategy.

 

3        That Council undertake consultation as per its native title obligations.

 

4        That the native title claimants be provided with a copy of the report.


 

 

General Manager Report – LATE

 

ITEM 9.7      SF453                280716      Fire at Coffs Coast Waste Facility Biomass Plant

334/16 RESOLVED:        (Ainsworth/MacDonald)

 

That Council note the proposed meeting with Coffs Harbour and Bellingen Shire Councils to discuss the implications of the fire at the Englands Road waste processing facility.

 


 

 

Assistant General Manager Corporate Services Report

 

Item 10.1 was dealt with above.


 

 

ITEM 10.2    SF251                280716      Schedule of Council Public Meetings

Recommendation:

 

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


 

 

Assistant General Manager Engineering Services Report

 

Cr MacDonald left the meeting for Item 11.1 at 7.21pm and returned after the conclusion of the item at 7.25 pm.

 

ITEM 11.1    T006/2016           280716      T006/2016 Tender for the Design and Construction of a Pressure Sewerage System at South Nambucca Heads

335/16 RESOLVED:        (Ainsworth/Ballangarry)

 

1        That Council accept the tender submitted by Pressure Sewer Services Australia Pty Ltd subject to an acceptable financial assessment in accordance with the recommendations of the Tender Recommendation Report prepared by NSW Public Works.

 

2        That Council accept the fee proposal from NSW Public Works for the project management of the construction phase of the project.

 

3        That Council write to affected landowners and advise them that a contract for the pressure sewerage system has been awarded to Pressure Sewer Services Australia and that the contract includes an electrical audit prior to installation of the pump station units.  Property owners will be responsible for costs associated with upgrading electrical works to meet current supply standards.

 

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

Against the motion:         Nil


 

 

ITEM 11.2    SF1676              280716      Capital Works Report - June 2016

336/16 RESOLVED:        (Ainsworth/MacDonald)

 

1        That the Capital Works Report for the fourth quarter of the 2015/16 financial ending 30 June 2016 be received and noted.

 

2        That the carryover works as presented in 30 June 2016 QBR be noted and revotes included within the 2016/17 financial year

 

3        That Council note the over expenditure of $85,000 on Lovedays Bridge on Upper Warrell Creek Road emanating with the change from a timber structure bridge to a prefabricated concrete bridge structure and that the over expenditure has been contained within the Bridge Capital Works Program and offset with savings within the construction of other bridges.

 

4        That Council allocate an amount of $154,000 within the 2016/17 financial year as a “betterment component” from Working Funds to complement the $250,000 Natural Disaster Recovery Funding (NDRF) received for Bradleys Bridge to construct a prefabricated concrete bridge structure.

 

5        That Council allocate an amount of $175,000 within the 2016/17 financial year from the Plant Reserve and $25,000 from Working Funds to complement the purchase price to replace plant No.5138 Isuzu tipping truck and retain the old truck to convert it into a permanent water cart as resolved by Council at the meeting held 28 April 2016.

 

6        That Council allocate an amount of $80,000 within the 2016/17 financial year from working funds to pay for the replacement of Coleman’s Bridge noting the side track was funded under the bridge maintenance allocation and the material will be recovered for further use on other projects when the new bridge is opened

 

7        That Council note the advice of the Assistant General Manager Engineering Services that the actual construction of the Adin Street detention basin has been placed on hold pending the receipt of the architects plan.  The landscaping will be implemented in accordance with said plan.

 

8        That the Assistant General Manager Engineering Services be asked to pass on Council’s compliments to the staff in regard to the innovative proposal for the replacement of Coleman’s Bridge.


 

 

ITEM 11.3    SF453                280716      Waste Management Quarterly Report April - June 2016

337/16 RESOLVED:        (Flack/Smyth)

 

That Council receive and note the information provided in the Waste Management Quarterly Report for the period 1 April – 30 June 2016.


 

 

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    T006/2016           280716      T006/2016 Tender for the Design and Construction of a Pressure Sewerage System at South Nambucca Heads

338/16 RESOLVED:        (Flack/Morrison)

 

That Council note the recommendations in Item 11.1 in Open Meeting.


 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.52 pm. 

 

Confirmed and signed by the Mayor on 11 August 2016.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)