PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth (Deputy Mayor)

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)

Lorraine Hemsworth (Minute Secretary)

 

Nambucca Valley Youth Voice presented a song titled “Lucky” to the Councillors.

 

PRAYER

 

Father Shelwin, Parish Administrator, Nambucca Valley Catholic Parish, offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Nil received.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 27 October 2016

456/16 RESOLVED(Smyth/Reed)

 

That the minutes of the Ordinary Council Meeting of 27 October 2016 be confirmed.

 

 

 

 

NOTICE OF MOTION - CR Jenvey

ITEM 5.1      SF13                  101116      Notice of Motion - Australia Day

MOTION(Jenvey/Ballangarry)

 

1        That Council notes that national symbols matter.

 

2        That Council supports celebrating Australian nationhood.

 

3        That Council notes in its current form that the date of Australia Day alienates Aboriginal and Torres Strait Islander people.

 

4        That Council considers there are social implications in the current form of Australia Day for significant members of its population.

 

5        That Council acknowledges that Aboriginal and Torres Strait Islander people may feel excluded from the day.

 

AMENDMENT:  (Reed/Ainsworth)

 

1           That Council supports celebrating Australian nationhood

 

2           That on Australia Day, Council supports celebrating the achievements of our fine sports people, both young and old and from all communities and in honouring outstanding contribution

 

3           That Council supports continuing programs to help Close the Gap

 

4           That Council acknowledges that Australia Day is not necessarily a day of celebration for some Indigenous Australians

 

5           That Council supports inclusiveness to achieve harmony within our Shire

 

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

 

457/16 RESOLVED:  (Reed/Ainsworth)

 

1           That Council supports celebrating Australian nationhood

 

2        That on Australia Day, Council supports celebrating the achievements of our fine sports people, both young and old and from all communities and in honouring outstanding contribution

 

3           That Council supports continuing programs to help Close the Gap

 

4        That Council acknowledges that Australia Day is not necessarily a day of celebration for some Indigenous Australians

 

5        That Council supports inclusiveness to achieve harmony within our Shire

 

 

 

  

DELEGATIONS AND PUBLIC FORUM:

RESOLVED:

 

That the following delegations be heard:

 

 

i         Mr Geoff Allen on behalf of Forsyths Chartered Accountants

ii        Ms Lisa Ussher on behalf of Bowralea Dairy (to answer any questions)

 

 


 

ITEM 9.4      RF275                101116      Proposed Bowralea Dairy Underpass - Bellingen Road, Bowraville

458/16 ReSOLVED(Ainsworth/Reed)

 

1        That Council note the proposal by the Bowralea Dairy to install an underpass on Bellingen Road.

 

2        Given the favourable cost/benefit of constructing the proposed underpass, that the Member for Oxley be requested to advise what funding assistance the State Government can provide towards the project.

 

3        That Council provide in-kind assistance to the construction of the underpass through the means discussed in the report.

 

 

 

 

DELEGATIONS AND PUBLIC FORUM CONTINUED:

 

PUBLIC FORUM:

 

i         Marlene Griffin Vice President, Nambucca Community & Arts Committee of Management - Section 356 Donations

·                Each year funding set aside

·                Bids considered and decisions made

·                Last year changed and monies divided

·                Leaves some organisations in quandary

·                Eg sound system – quotations eg $5000

·                Council divides funds and some organisations may not get enough funds for grant

·                New system this year is problematic

·                Thanks for mentioned volunteers

·                Struggle for committees and doing it tough

·                Unable to get volunteers

·                Asked council to reconsider how funds are distributed

 

ii        Trevor Keast - Playgrounds

·                Nothing for young (tinytots) children at local playgrounds

·                Not impressed with soft fall materials used

·                Some playgrounds should be fenced off with one way in and out

·                Sort improvements in the Shire’s playgrounds

 

 

 

 

ASKING OF QUESTIONS WITH NOTICE

 

There are no questions with Notice.

 

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

There are no questions for Closed meeting where due notice has been received.

 

 

 

 

General Manager Report

 

ITEM 9.1      SF959                101116      Outstanding Actions and Reports

459/16  resolved(Ainsworth/Smyth)

 

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

 

 

 

 

 

ITEM 9.2      PRF14                101116      Future of Brook Park, Nambucca Heads

MOTION:  (Smyth/Jenvey)

 

1        That Council install additional signage at Brook Park, Nambucca Heads prohibiting its use outside daylight hours and also prohibiting the lighting of fires.

 

2        That Council write to the 117 property owners within 150 metres of Brook Park, Nambucca Heads advising of the complaints Council has received and seeking opinion on the option of closing the park and reclassifying it for use as housing with all proceeds to be applied to improving the facilities at nearby parks such as Richardson Park, Nambucca Heads.  Where the property owner is not the occupant, they will be asked to inform the occupant of the consultation.

 

3        There be a further report to Council on the outcome of the consultation with property owners and residents.

 

Amendment:  (Ainsworth/Reed)

1        That a decision on the future of Brook Park, Nambucca Heads be deferred until end of January 2017 and in the interim the use of the park be monitored.

2        That Council request the Police to increase patrols in the area.

 

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

 

460/16 Resolved:    (Ainsworth/Reed)

1        That a decision on the future of Brook Park, Nambucca Heads be deferred until end of January 2017 and in the interim the use of the park be monitored.

2        That Council request the Police to increase patrols in the area.

 

 

 

 

 

ITEM 9.3      SF600                101116      Offer to Acquire North Macksville Soccer Fields and Casey Drive

461/16 Resolved(Ainsworth/Reed)

 

That Council note the response from the Hon. Kevin Anderson MP.

 

 


 

 

 

Item 9.4 was dealt with under Delegations.

 

 

 

ITEM 9.5      SF734                101116      Crown Land Management Bill

462/16 ReSOLVED(Reed/Ainsworth)

 

That Council note the Crown Land Management Bill 2016.

 

 

 

 

 

ITEM 9.6      SF688                101116      Environmental Levy - Progress Report

463/16 ReSOLVED(Smyth/Ballangarry)

 

1        That Council note the progress of the Environmental Levy for 2016/17 financial year.

 

2        That Council allocate $10,000 from the Environmental Levy reserve to support the preparation of a Flying Fox Management Plan for Gordon Park. This represents Council's contribution to a $15,000 grant funded by LGNSW.

 

 

 

 

 

ITEM 9.7      SF1855              101116      Macksville Town Centre Revitalisation

MOTION:      (Ainsworth/Smyth) 

 

1        That Council endorse the draft plan for exhibition and the plan be made available in the Council Chambers, Macksville Library and Councils Website, for four (4) weeks.

 

2        Macksville community/stakeholder groups be provided with a copy of the draft plan and be invited to provide comment.

 

3        Council undertake a survey during the exhibition period requesting comments on the draft plan in general, with specific questions relating to the trial traffic arrangements in River Street.

 

4        Advertise the plan in the Happynings and Guardian News.

 

AMENDMENT:  (Reed/Ainsworth)

 

1        That Council endorse the draft plan for exhibition and the plan be made available in the Council Chambers, Macksville Library and Councils Website until the end of January 2017.

 

2        Macksville community/stakeholder groups be provided with a copy of the draft plan and be invited to provide comment.

 

3        That Council advertise the plan in the Happynings and Guardian News.

 

4           That a traffic survey relating to the parking nose to kerb trial be performed independently of the exhibition of the revitalisation strategy.

 

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

 

464/16 RESOLVED:        (Reed/Ainsworth)

 

1        That Council endorse the draft plan for exhibition and the plan be made available in the Council Chambers, Macksville Library and Councils Website until the end of January 2017.

 

2        Macksville community/stakeholder groups be provided with a copy of the draft plan and be invited to provide comment.

 

3        That Council advertise the plan in the Happynings and Guardian News.

 

4        That a traffic survey relating to the parking nose to kerb trial be performed independently of the exhibition of the revitalisation strategy.

 

 

 

 

 

ITEM 9.8      SF1148              101116      Council Ranger's Report September 2016

465/16 RESOLVED:        (Ainsworth/Smyth)

 

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

 

 

 

 

 

ITEM 9.9      SF24                  101116      Request for Donation -  Bowraville Memorial Cup and Youth Expo - Team Shirt Sponsorship

466/16 RESOLVED:        (Reed/Ballangarry)

 

That Council make a donation of $375 to the Bowraville Memorial Cup towards the cost of purchasing the Touch Footy Team shirts if it is affordable.

 

 

 

 

 

ITEM 9.10    SF2173              101116      Development Applications greater than 12 months or where submissions received - 22 October to 1 November 2016

467/16 RESOLVED:        (Ainsworth/Reed)

 

That the information be noted by Council.

 

 

 

 

 

ITEM 9.11    SF2173              101116      2016 October - Development and Complying Development Applications Received

468/16 RESOLVED:        (Smyth/Ballangarry)

 

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

 

 

 

 

 

ITEM 9.12    SF2173              101116      2016 October - Approved Construction and Complying Development Certificates

469/16 RESOLVED:        (Ainsworth/Wilson)

 

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

 

 

 

 

 

ITEM 9.13    SF24                  101116      Request for Donation - Cheyenne Baker

470/16 RESOLVED:        (Reed/Smyth)

 

That Council make a one-off donation of $200 to assist Ms Cheyenne Baker attend and compete at the National Championships on 24 and 29 November 2016 in the 11 Years Shot-Put at the Sydney Athletic Centre.

 

 

 

 

 

ITEM 9.14    SF2129              101116      Year End Financial Working Capital Result - 30 June 2016 Budget Review

471/16 RESOLVED:        (Ainsworth/Reed)

 

That the list of revotes be approved and included as subvotes for 2016/17.

 

 

 

472/16 (Ainsworth/Reed)

 

That Council note the presentation by Mr Geoff Allen from Forsyths Chartered Accountants.

 

 

 

 

General Manager Report - LATE

ITEM 9.15    DA2016/147        101116      DA2016/147 - Proposed Telecommunications Facility at Buz Brazel Park, Scotts Head

473/16 RESOLVED:        (Reed/Smyth)

 

That Council note that development application DA2016/147 is being assessed by Bellingen Shire Council planning staff and will be referred to Nambucca Shire Council for determination at a Council meeting when the assessment is complete.

 

For the motion:                         Councillors Hoban, Jones, Reed, Ainsworth, Finlayson, Smyth, Jenvey, Ballangarry, Wilson                            (Total 9)

Against the motion:         Nil                                                      (Total 0)

 

 

 

 

General Manager Report - LATE

ITEM 9.16    SF24                  101116      Request for Support for the 2017 Gordon Park Australia Day Event

474/16 RESOLVED:        (Ainsworth/Reed)

 

That Council provide assistance to the Australia Day Organising Committee as per their request.

 

 

 

 

Assistant General Manager Corporate Services Report

ITEM 10.1    SF321                101116      Missabotti Community Centre Committee of Management AGM - 28 August 2016 - Minutes

475/16 RESOLVED:        (Ainsworth/Jones)

 

That Council endorse minutes of the Committee of Management for the Missabotti Community Centre’s Annual General Meeting held on 28 August 2016, and thank the outgoing Committee for their work in the past twelve months.

 

 

 

 

ITEM 10.2    SF251                101116      Schedule of Council Public Meetings

476/16 RESOLVED:        (Ballangarry/Smyth)

 

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

 

2        That Council agree to only one meeting in January 2017 that being 12 January as Thursday 26 January 2017 is Australia Day Public Holiday.

 

 

 

 

ITEM 10.3    SF2114              101116      Year End Financial Statements – 30 June 2016

477/16 RESOLVED:        (Ainsworth/Wilson)

 

That the Financial Statements and the Auditor’s Reports for the year ended the 30 June 2016 be received.

 

 

 

 

Assistant General Manager Engineering Services Report

ITEM 11.1    SF2068              101116      Bowraville Sewage Treatment Plant - Procurement of upgrade works to improve the quality of reuse water

478/16 RESOLVED:        (Ballangarry/Ainsworth)

 

That Council:

 

1        Provide the concept design to the DPI Water for their approval.

 

2        Subject to DPI approval on the concept design, commence the procurement of the project as a Design and Construct contract.

 

3        Supply the UV unit and sand filter to the successful contractor as a Principal (Council) supplied item within tender specifications for the Design and Construct Contract.

 

4        Seek a fee proposal from NSW Public Works and other suitably qualified and experience contractors to project manage the construction phase of the project.

 

5        Provide delegated authority to the Assistant General Manager Engineering Services and the Manager Water and Sewerage to engage a suitably qualified and experienced contractor to undertake the additional project management work should the fee be considered reasonable.

 

 

 

 

 

ITEM 11.2    SF1621              101116      Record of Discussion - NDWS BORS River Monitoring Committee meeting held on 26 October 2016

479/16 RESOLVED:        (Ainsworth/Reed)

 

1        That the record of discussions of the attendees at the NDWS BORS River Monitoring Committee meeting held on Wednesday 26 October 2016 be received and noted.

 

2        That the River Monitoring Committee received and noted the following documents:

 

a)   Terms of Reference;

b)   Minutes of the meeting held on 5 August 2015;

c)   Bowra Dam filling and Operational Licence Report;

d)   GHD Aquatic Ecology Monitoring Report; and

e)   Pentair Environmental Systems real time monitoring report including costs.

 

3        That Council engages GHD to undertake another river monitoring survey in late spring this year 2016, and prepare a report on the findings.

 

4        That Council request Pentair Environmental Systems to provide a firm quote for the installation of two river monitoring probes to provide real time data on salinity and water level in the Nambucca River.

 

5        That Council allocates an amount of $50,000 in the Off River Storage Construction budget for capital works to allow for the installation of the monitoring points to be completed in 2016/2017 budget.  The money can be reallocated from the Pump Station Energy costs budget with no net effect on the overall budget.

 

 

 

ITEM 11.3    SF453                101116      Waste Management Quarterly Report July - September 2016

480/16 RESOLVED:        (Reed/Jenvey)

 

That Council receives and note the information provided in the Waste Management Quarterly Report for the period 1 July to 30 September 2016.

 

 

 

 

ITEM 11.4    SF755                101116      Biennial Contracts 1 October 2016 - 30 September 2018 accepted under Delegated Authority

481/16 RESOLVED:        (Ainsworth/Reed)

 

1        That Council note the following list of services and contractors that have been accepted for general works for the period commencing 1 October 2016 to 30 September 2018 under Delegated Authority:

         

FILE REF

DESCRIPTION

CONTRACTOR

Q013/2016

Builder/Carpenter (Panel)

Beyond Expectations (1)

TM & L Johnson (2)

Q017/2016

Effluent Collection – Various Locations

NIL received – seeking submissions

Q014/2016

Electrician (Panel)

Gary Welsh Electrical (1)

Trisleys Electrical (2)

Desert Power Pty Ltd (3)

Q020/2016

Plant Maintenance Brigade Vehicles Volunteer RFS

Fortade Pty Ltd

Q015/2016

Painter (Panel)

One Plus Two Painting & Decorating

Q016/2016

Plumber (Panel)

Nambucca Plumbing (1)

Drew Walker Plumbing (2)

Hightide Plumbing (3)

Brenton Dyer Plumbing (4)

Q019/2016

Provision of Essential Fire Safety Services

Essential Safety Protection Pty Ltd

Q021/2016

Provision of Pest Control Services

Rentokil Pest Control

Q018/2016

Provision of Security Services

Strudwick Security

Q026/2016

Columbarium Services

TM & L Johnson

 

2        That the Contract Register (TRIM 31325/2016) be updated.

 

 

 

ITEM 11.5    SF2193              101116      Temporary Road Closure for Brian Cockbain Ride Around the River 2016

482/16 RESOLVED:        (Smyth/Ainsworth)

 

1        That Council approve a request from the Macksville Cycle Club to conduct the Brian Cockbain Ride Around the River 2016, noting the following has been received:

 

·      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.

 

2        That Council endorse temporary road closures for the Brian Cockbain Ride Around the River to be held between 7.15am  and 8.30 am Sunday 27 November in Macksville as follows:

 

·      River Street (east) - Pacific Highway to Willis Street

·      Princess Street – Winifred Street to River Street

·      Wallace Lane

·      Wallace Street – Princess Street to Pacific Highway and;

·      Pacific Highway, Wallace Street and Princess – Ferry Street to Mackay Street -  for 5 minutes between 8.05am to 8.15am.

 

 

 

     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

483/16 RESOLVED:        (Ainsworth/Ballangarry)

 

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    SF2279              101116      Proposed Change to Council's Organisation Structure

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.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF205                101116      Legal Action to Seek Compensation for Damage to Council Sewer Main caused by Authorised Construction Work - Dickson Lane, Nambucca Heads

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) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.59 pm.

 

RESUME IN OPEN MEETING

484/16 RESOLVED:        (Ainsworth/Ballangarry)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 8.12 pm

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF2279              101116      Proposed Change to Council's Organisation Structure

485/16 RESOLVED:        (Smyth/Ballangarry)

 

1        Council note the intention of the General Manager to change the Council’s organisation structure by deleting the position of Plumbing and Drainage Inspector.

 

2        Council note the acceptance by the Plumbing and Drainage Inspector of a redundancy offer.

 

3        That Council conduct a tender for a panel of appropriately qualified contractors to undertake the required inspections of on-site sewage management systems.

 

 


 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF205                101116      Legal Action to Seek Compensation for Damage to Council Sewer Main caused by Authorised Construction Work - Dickson Lane, Nambucca Heads

486/16 RESOLVED:        (Ainsworth/Smyth)

 

That Council note that legal proceedings have been commenced to seek recovery of all of Council’s costs in relation to the repair of a Council sewer main which was damaged by the construction of an unauthorised retaining wall adjacent to the laneway between Dickson and Nelson Streets, Nambucca Heads.

 

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 8.13 pm. 

 

Confirmed and signed by the Mayor on 24 November 2016.

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)