PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Susan Jenvey

Cr David Jones

Cr Janine Reed

Cr Anne Smyth

Cr John Wilson

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

PRESENTATION

 

5.30 pm       The Hon Melinda Pavey MP presented outgoing Councillors (Councillors Paula Flack, Kim MacDonald and Elaine South) with a token of appreciation for their contribution to Local Government in the Nambucca Shire.

 

 

PRAYER

 

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

 

 

378/16 379/16 Resolved:       (Ainsworth/Ballangarry)

 

That Item 9.1 be brought forward.

 

 

 

ITEM 9.1      SF42                  290916      Oath or Affirmation of Office

380/16 RESOLVED:        (Ainsworth/Ballangarry)

 

This is a procedural requirement to be conducted at the commencement of the meeting and is not a matter requiring a vote by the Council.

 

The following Councillors took the Oath or Affirmation:

 

OATH

AFFIRMATION

Mayor, Cr Rhonda Hoban

Cr Brian Finlayson

Cr John Ainsworth

Cr Susan Jenvey

Cr Martin Ballangarry OAM

Cr Anne Smyth

Cr David Jones

 

Cr Janine Reed

 

Cr John Wilson

 

 

 

 

DISCLOSURE OF INTEREST

 

There were no disclosures of interest.

 

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 25 August 2016

 

RECOMMENDATION:

 

That the minutes of the Ordinary Council Meeting of 25 August 2016 be confirmed.

 

 

 

DELEGATIONS

 

RESOLVED:

 

The following people from IGA Bowraville were available for questions in relation to the Item:

 

9.10      Modification to DA2016/097—(available for questions)............................................................... 2

                   Ms Brooke Garlinge -- Mr Bruce Parker -- Mr Jeffrey Brownhill

 

 

ITEM 9.10    DA2016/097        290916      Modification to DA2016/097 (Trolley Bay)

Motion:      (Hoban/Reed)

 

1        That Council as the consent authority, pursuant to Section 96 of the Environmental Planning and Assessment Act 1979, approve the application to modify development consent DA2016/097 subject to the proposed draft condition in attachment 6 (to the report) except for the deletion of the third dot point in condition number 4.

 

2        That Council as the property owner provide the IGA supermarket with a one year licence to occupy its footpath at a rental of $200 per annum and that ongoing occupation of the footpath for the purpose of a trolley bay be subject to a renewal of the licence and a review of the applicable rental.  All costs associated with the preparation and renewal of the licence to be borne by the supermarket owner.

 

Amendment:       (Smyth/Ballangarry)

 

That this item be deferred so that Council may undertake an onsite inspection.

 

The amendment was LOST.

 

381/16 Resolved:        (Hoban/Reed)

 

1        That Council as the consent authority, pursuant to Section 96 of the Environmental Planning and Assessment Act 1979, approve the application to modify development consent DA2016/097 subject to the proposed draft condition in attachment 6 (to the report) except for the deletion of the third dot point in condition number 4.

 

2        That Council as the property owner provide the IGA supermarket with a one year licence to occupy its footpath at a rental of $200 per annum and that ongoing occupation of the footpath for the purpose of a trolley bay be subject to a renewal of the licence and a review of the applicable rental.  All costs associated with the preparation and renewal of the licence to be borne by the supermarket owner.

 

For the motion:                Councillors Hoban, Jones, Reed, Ainsworth, Finlayson, Wilson  (Total 6)

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

 

 

 

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 9.2      SF256                290916      Proposed Councillor Training and Induction

382/16 RESOLVED:        (Flack/Ainsworth)

That the information concerning the proposed training and induction for the new Council be received.

 

383/16 Resolved:        (Smyth/Ainsworth)

 

That any suggestions regarding the addition of other committees be brought to the General Manager in time to be included in the Agenda for the next Council meeting on 13 October 2016.

 

 

 

ITEM 9.3      SF42                  290916      "Hit the Ground Running" Councillor Workshops

384/16 RESOLVED:        (Ainsworth/Finlayson)

 

That any Councillors interested in attending the “Hit the Ground Running” workshop at Coffs Harbour on Wednesday 16 November 2016 advise the General Manager so their attendance can be registered.

 

 

 

ITEM 9.4      SF959                290916      Outstanding Actions and Reports

385/16 RESOLVED:        (Finlayson/Ainsworth)

 

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

 

 

 

ITEM 9.5      SF591                290916      NSW Emergency Services Property Levy

386/16 RESOLVED:        (Ainsworth/Finlayson)

 

That the information concerning the NSW Emergency Services Property Levy which is scheduled to commence on 1 July 2017 be received.

 

 

 

387/16 Resolved:        (Ainsworth/Ballangarry)

 

That Item 10.3 be brought forward as the Grants Officer was in the Gallery to answer questions from Councillors.

 

 

ITEM 10.3    SF1120              290916      Grant Application Status Report

388/16 RESOLVED:        (Finlayson/Ainsworth)

 

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

 

 

ITEM 9.6      SF42                  290916      Local Government Amendment (Governance and Planning) Act

389/16 RESOLVED:        (Finlayson/Reed)

 

That the information concerning the amendments to the Local Government Act 1993 be received.

 

 

 

ITEM 9.7      PRF14                290916      Future of Brook Park, Nambucca Heads

Motion:      (Finlayson/Ainsworth)

 

That the Park be closed and the land be reclassified from community land to operational land and be sold for residential purposes with the funds being used to develop another park.

 

Amendment:       (Smyth/Jenvey)

 

That this item be deferred in order for Council to undertake a site inspection and that adjacent residents of Brook Park be notified of the site inspection.

 

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

 

390/16 Resolved:        (Smyth/Jenvey)

 

That this item be deferred in order for Council to undertake a site inspection and that adjacent residents of Brook Park be notified of the site inspection.

 

 

 


ITEM 9.8      SF827                290916      Local Government Grants Commission Visit

391/16 RESOLVED:        (Ainsworth/Smyth)

 

1        That the information concerning presentations by and to the Local Government Grants Commission at 9.00am on Thursday 3 November 2016 be received.

 

2        That the additional road and bridge length on the existing Pacific Highway proposed to be handed over to Council be forwarded to the Grants Commission so they may be able to advise on what additional funding the Council will receive.

 

 

 

ITEM 9.9      SF1541              290916      Horticulture Land Use Regulation

Motion:      (Finlayson/Ainsworth)     

 

That there be no alterations to the NLEP 2010 with the exception of land zoned R5 where the plan should be amended to allow horticulture with consent.    WITHDRAWN

 

392/16 RESOLVED:        (Ainsworth/Reed)

 

That Council staff report the intended exempt development controls to be implemented into Schedule 2 of the Nambucca Local Environmental Plan 2010 to Council for R5 zoned land only.

 

 

For the motion:               Councillors Hoban, Jones, Reed, Ainsworth, Finlayson, Smyth and Wilson                                           (Total 7)

Against the motion:         Councillors Ballangarry and Jenvey     (Total 2)

 

 

 

 

Item 9.10 was dealt with under Delegations.

 

 

 


ITEM 9.11    SF2172              290916      Minutes of the Nambucca Shire Council Access Committee meeting held 23 August 2016

393/16 RESOLVED:        (Smyth/Ballangarry)

 

1        That Council note the application for the 2017 Seniors Week luncheon. 

 

2        That Council note the Committee’s concerns regarding a proposal to house shopping trolleys on the Council footpath outside the Bowraville IGA.

 

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

 

394/16 Resolved:        (Hoban/Reed)

 

That Cr Smyth be thanked for her submission to the Legislative Assembly Committee on Community Services inquiry into the access to transport for seniors and disadvantaged people in rural and regional NSW on behalf of the Access Committee.

 

 

 

ITEM 9.12    SF1958              290916      Nambucca and Deep Creek Flood Risk Management Study and Plan

395/16 RESOLVED:        (Ainsworth/Finlayson)

 

1        The Council note the draft Flood Risk Management Study and Plan has been prepared by WMA water.

 

2        Following consideration of the report by Council’s Estuary Committee, there be a further report to Council recommending the study be exhibited.

 

 

 

ITEM 9.13    SF2173              290916      Development Applications greater than 12 months or where submissions received - 18 August to 20 September 2016

396/16 RESOLVED:        (Ainsworth/Ballangarry)

 

That the information be noted by Council.

 

 

 

ITEM 9.14    SF1148              290916      Council Ranger's Report August 2016

397/16 RESOLVED:        (Finlayson/Ainsworth)

 

That Council’s Ranger’s report for August 2016 be received and noted by Council.

 

 

 

ITEM 9.15    SF2025              290916      Joint Organisations - Getting the Boundaries Right

398/16 RESOLVED:        (Finlayson/Reed)

 

1        There be a further report to Council’s meeting on 13 October 2016 concerning a submission in response to the discussion paper by the Office of Local Government – “Getting the Boundaries Right”.

 

2        Councillors provide any feedback to the General Manager on their views so they may be included as considerations and options for the report to the meeting on 13 October 2016.

 

 

 

ITEM 9.16    SF1067              290916      Asylum Seekers - Safe Haven Enterprise Visa Scheme

399/16 RESOLVED:        (Ainsworth/Reed)

 

That Council respond saying that at this time there are other local government areas better placed to accommodate refugees with special needs.

 

 

 

ITEM 9.17    SF2173              290916      2016 August - Development and Complying Development Applications Received

400/16 RESOLVED:        (Finlayson/Ainsworth)

 

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

 

 

 

ITEM 9.18    SF2173              290916      2016 August - Approved Construction and Complying Development Certificates

401/16 RESOLVED:        (Ainsworth/Finlayson)

 

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

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF770                290916      Review of the Local Government Rating System - Draft Submission

402/16 RESOLVED:        (Ainsworth/Finlayson)

 

That Council make a submission to IPART on the draft review of the Local Government Rating System.

 

 

 

ITEM 10.2    SF2230              290916      Investment Report To 31 July 2016

403/16 RESOLVED:        (Finlayson/Ainsworth)

 

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

 

 

Item 10.3 was dealt with earlier in the meeting.

 

 

 

ITEM 10.4    SF251                290916      Schedule of Council Public Meetings

404/16 RESOLVED:        (Ainsworth/Reed)

 

That the schedule of dates for public Council meetings be noted and received for information by Council and that it be noted that Council's meeting on 15 December 2016 will be held at the Utungun Community Hall.

 

 

 

ITEM 10.5    SF308                290916      Donnelly-Welsh Playing Fields Committee of Management - Annual General Meeting - 1 August 2016 - Minutes

405/16 RESOLVED:        (Finlayson/Ainsworth)

 

That Council endorse the minutes of the Committee of Management of the Donnelly-Welsh Playing Fields Annual General Meeting which was held on 1 August 2016 and that Council thank the outgoing Committee for their work in 2015/2016.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF1031              290916      Draft Proposed Pressure Sewerage Policy

406/16 RESOLVED:        (Hoban/Finlayson)

 

1        That Council place the Draft Pressure Sewerage Policy on public exhibition for the required period of 28 days.

 

2        That Council address any reasonable concerns raised by the submissions prior to finalising the document for the endorsement of Council.

 

3        That Council receive a further report at the completion of the exhibition period with a view to endorsing the policy document.

 

4        That Council endorse the Home Owners' Manual for issue to property owners and residents whose properties will be serviced by a pressure sewerage system.

 

5        That Council provide a rebate on the sewerage access charge for properties with pressure sewerage as compensation for the power consumed in operating the onsite pump.

 

 

    

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.43 pm. 

 

Confirmed and signed by the Mayor on 13 October 2016

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)