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

 

Scott Norman (Acting General Manager)

Paul Gallagher (AGM Engineering Services)

Daniel Walsh (Manager Development & Environment

Monika Schuhmacher (Minute Secretary)

 

 

 

APOLOGIES

 

Michael Coulter (General Manager)

 

 

DISCLOSURE OF INTEREST

 

Councillor J Reed declared a non-pecuniary less significant conflict of interest in Item 9.6 Regional State of the Environment Report 2016 under the Local Government Act as Cr Reed is a member of the North Coast Local Land Services.

 

Councillor Jenvey declared a non-pecuniary less significant conflict of interest in Item 11.6 under the Local Government Act as Cr Jenvey is an acquaintance with a landowner affected by one of the several failures of road on the Bowraville/Bellingen Road from the 2009 floods.

 

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 10 November 2016

 

487/16 RESOLVED:        (Smyth/Reed)

 

That the minutes of the Ordinary Council Meeting of 10 November 2016 be confirmed subject to the following amendment:

 

Item 9.7 - That the Nambucca Ringwood be added to the Planting Schedule – Trees Page 23 of the Macksville Town Centre Revitalisation Plan.

 

 

 

 

PUBLIC FORUM and DELEGATIONS

RESOLVED:

 

That the following delegations be heard:

 

PUBLIC FORUM

Mr Paul Hynes – Proprietor Sparkles Antiques – Use of  A-Frames

(Mr Hynes did not attend the Council meeting)

 

DELEGATION

9.4     Result of Exhibition Nambucca LEP amendment no. 21 Housekeeping and Other Policy Amendments

                    i)        Mr James Ledger – Objector

 

Mr Ledger addressed Council making the following points and provided his speaking notes which are on Trim file SF2208:

·    Lives adjacent to 59 Waratah Street

·    Most affected of all objectors

·    Has 13 reasons for objecting, including:

o    Sufficient commercial zoning in Scotts Head

o    Existing commercial zoning is under utilised

o    Population in Scotts Head not great enough to support further commercial development

o    Re zoning would spread commercial area beyond Village Green

o    Re zoning would set a precedent for Scotts Head

o    Re zoning represents one-off planning – not strategic long term planning

o    Re zoning would render the DCP ineffective

o    Re zoning will affect safety of neighbourhood – vehicular traffic/car parking/camber

 

487/16 Resolved:        (Finlayson/Jones)

 

That Mr Ledger be provided with additional time to present his case to Council.

 

·    Building height – objector will lose access to winter sun

·    Invasion of privacy, building will be too close to objector’s property

 


 

ITEM 9.4      SF2208              241116      Result of Exhibition Nambucca LEP Amendment No. 21 Housekeeping and Other Policy Amendments

488/16 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council note the information concerning the outcome of the exhibition of Amendment No. 21

 

2        That arrangements be made for an inspection of those items which have been the subject of submissions to which objectors will be invited to attend.

 

3        That following the inspection the matter be reported to Council for determination.

 

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

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 of Closed meeting where due notice has been received.

 

 

General Manager Report

 

ITEM 9.1      SF959                241116      Outstanding Actions and Reports

489/16 RESOLVED:        (Ainsworth/Finlayson)

 

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

 

 

 

ITEM 9.2      SF621                241116      Advice of Lodgement of Aboriginal Land Claims

490/16 RESOLVED:        (Ainsworth/Finlayson)

 

1        That the Aboriginal Investigation Unit from the Department of Industry – Lands be advised:

 

a        In relation to Claim No. 41491, it appears that the Wilson Bridge and Wilson Road runs through the land.  To this extent some of the land may be serving an essential public purpose.  A survey will be required to determine the location of Council’s road and bridge relative to the land.

 

b        In relation to Claim No. 41519, there may be some encroachment of Council’s sewerage pumping station onto this land.  To this extent some of the land may be serving an essential public purpose.

 

c        That in relation to Claim No’s 41485, 41486, 41487, 41488, 41490, 41492 and 41520, the land comprises reserves for public recreation which the community is likely to regard as an essential public purpose being for the retention of native forest for ecological, geotechnical and aesthetic reasons.

 

d        That the Department would be better placed to undertake early consultation with the claimants as much of the land which has been claimed has no inherent “value” and it’s not obvious how transferring ownership or responsibility from the Crown and Council to the Aboriginal claimants will reduce in any way the level of disadvantage experienced by local Aboriginal people.  Conversely there are some parcels of land in the claims which have or may have development potential and the claimants would be better placed to work with the Department and Council in identifying that land and prioritising action to have those claims approved as soon as possible.

 

2        That the Aboriginal Investigation Unit from the Department of Industry – Lands be provided with a copy of this report.

 

3        That Council staff further investigate the lots subject to the claim to ensure they do not dissect or interfere with travelling stock routes and consider whether there are plans for any future Council or public infrastructure or operational needs on the claimed land.

 

 

 

ITEM 9.3      DA2016/146        241116      Request for Donation of DA Fees - Scotts Head Events Committee

491/16 RESOLVED:        (Finlayson/Ainsworth)

 

That Council provide the Scotts Head Events Committee with a refund of their development application fee for markets in the amount of $431.75.

 

 

 

Item 9.4 was dealt with under Delegations.

 

 

 

ITEM 9.5      SF2173              241116      Development Applications greater than 12 months or where submissions received - 2 November to 14 November 2016

492/16 RESOLVED:        (Ainsworth/Finlayson)

 

That the information be noted by Council.

 

 

 

ITEM 9.6      SF135                241116      Regional State of the Environment Report 2016

493/16 RESOLVED:        (Ainsworth/Finlayson)

 

That Council endorse the Regional State of the Environment Report 2016.

 

 

 

General Manager Report – LATE

 

ITEM 9.7      SF24                  241116      St James Anglican Church Guild - Annual Christmas Dinner For Senior Citizens Of Bowraville – Thursday 8 December 2016

494/16 RESOLVED:        (Ainsworth/Reed)

 

That Council make a donation of $250 to the St James Anglican Church Guild of Bowraville towards their provision of a Christmas Dinner for the Senior Citizens of Bowraville on 8 December 2016.

 

 

 

General Manager Report – LATE

 

ITEM 9.8      SF734                241116      Renewal of Nambucca Heads RSL Club Ltd Sub-Lease to Rintoul - Shop 2, Kiosk, Riverside Drive, Nambucca Heads

495/16 RESOLVED:        (Ainsworth/Wilson)

 

That, as Trust Manager, Council resolves to approve the renewal of the Nambucca Heads RSL Club sub-lease to Rintoul for the period up to 21 May 2021 and attach its seal to any required documentation.

 

 

 

General Manager Report – LATE

 

ITEM 9.9      SF1496              241116      Minutes of the Nambucca Rivers Creeks Estuaries and Coastline Management Committee – 18 November 2016

496/16 RESOLVED:        (Ainsworth/Smyth)

 

1          That Council adopt the minutes of the Nambucca Rivers Creek Estuaries and Coastline Management Committee held on the Friday 18 November 2016.

 

2          That Committee delegates be provided with an overview of roles and responsibilities at the next Committee meeting.

 

497/16 Resolved:        (Ainsworth/Finlayson)

 

3          That Council endorse the existing membership for the Rivers Creeks Estuaries and Coastline Management Committee and voting rights to the Committee and acknowledge that representation for each group may change from time to time.  And further, that Council writes to all member organisations requesting them to advise changes to or confirm their delegates and alternate delegates and this is then to be ratified by Council.

 

498/16 Resolved:        (Reed/Ainsworth)

 

4        That the Terms of Reference and membership of the Nambucca Rivers Creeks Estuaries and Coastline Management Committee be reviewed by the Committee and then ratified by Council.

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF134                241116      Nambucca Shire Council Annual Report 2015-2016

499/16 RESOLVED:        (Finlayson/Ainsworth)

 

That Council note the completion of the 2015/2016 Annual Report and that the 2015/2016 Annual Report will be placed on Council’s website and advice be forwarded to the Minister for Local Government as required.

 

 

 

ITEM 10.2    SF2242              241116      September 2016 Budget Review

500/16 RESOLVED:        (Ainsworth/Finlayson)

 

1        That the budget review for the quarter ended 30 September 2016 be received.

 

2        That the recommended increases and decreases in votes be included as subsequent votes for the financial year 2016/2017.

 

 

 

ITEM 10.3    SF2230              241116      Investment Report To 31 October 2016

501/16 RESOLVED:        (Ainsworth/Wilson)

 

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

 

 

 

ITEM 10.4    SF338                241116      Tewinga Community Centre Annual General Meeting - Minutes 22 October 2016

502/16 RESOLVED:        (Finlayson/Reed)

 

That Council endorse the Minutes of the Committee of Management for the Tewinga Community Centre’s Annual General Meeting held on 22 October 2016 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

ITEM 10.5    SF251                241116      Schedule of Council Public Meetings

503/16 RESOLVED:        (Ainsworth/Finlayson)

 

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

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF1676              241116      Capital Works Report - September 2016

504/16 RESOLVED:        (Ainsworth/Finlayson)

 

1        That the Capital Works Report for the first quarter of the 2016/17 financial year ending 30 September 2016 and expenditure YTD week ending 11 November 2016 be received and noted.

 

2        That Council endorse the amendment to the plant replacement program to include the option for the purchase of a new truck and chassis only to replace plant No 5138, the refurbishment of the truck body currently on plant No 5138 and the purchase of a chassis mounted water tank to increase the water tank capacity for works and the expenditure is to be contained with the budget that was approved.

 

 

 

ITEM 11.2    SF991                241116      Tender REGPR0181617 Supply and Delivery of Domestic Water Meters

505/16 RESOLVED:        (Smyth/Reed)

 

1        That Council award the contract for the supply and delivery of domestic water meters as a single source tender for the period 1 January 2017 to 31 December 2018 to Elster Metering Pty Ltd;

 

2        That a provision be allowed for a 12 month extension based on satisfactory supplier performance, which may take this contract through to 31 December 2019;

 

3        That Council endorse the tender evaluation as provided in the confidential report for the supply and delivery of domestic water meters single source tender; and

 

4        That Council update the Contract Register (TRIM: 31325/2016).

 

5        That Council note item 12.1 in Closed report.

 

 

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

Against the Motion:         Nil

 

 

 

ITEM 11.3    SF931                241116      Tender REGPRO221617 Supply and Delivery of Bulk Bitumen

506/16 RESOLVED:        (Ainsworth/Ballangarry)

 

1        That Council award the contract for the supply and delivery of Cationic Bitumen CRS (bitumen emulsion) as a single source tender for the period 1 January 2017 to 31 December 2018 to Fulton Hogan Industries,

 

2        That a provision be allowed for a 12 month extension based on satisfactory supplier performance, which may take this contract through to 31 December 2019.

 

3        That Council endorse the tender evaluation as provided in the confidential report for the supply and delivery of Cationic Bitumen CRS (bitumen emulsion) single source tender.

 

4        That Council update the Contract Register (TRIM: 31325/2016).

 

5        That Council note item 12.2 in Closed report.

 

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

Against the Motion:         Nil

 

 

 

ITEM 11.4    SF931                241116      Tender REGPRO281617 Supply and Delivery of Passenger Truck and Earthmover Tyres - Nambucca

507/16 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council award the contract for the supply and delivery of passenger truck and earthmoving tyres as the panel source tender to:

 

·      Bridgestone Australia Ltd

·      Tyres4U Pty Ltd as trustee for TWA Trust trading as Tyres4U and

·      Goodyear Dunlop Tyres (Aust) Pty Ltd t/as Beaurepaires

 

          for the period 1 January 2017 to 31 December 2018.

 

2        That a provision be allowed for a 12 month extension based on satisfactory supplier performance, which may take this contract through to 31 December 2019.

 

3        That Council endorse the tender evaluation as provided in the confidential report for the supply and delivery of passenger truck and earthmoving tyres as a panel source tender.

 

4        That Council update the Contract Register (TRIM: 31325/2016).

 

5        That Council note item 12.3 in Closed report.

 

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

Against the Motion:         Nil

 

 

 


ITEM 11.5    SF2193              241116      Temporary Road Closure for Bowraville 2016 Kids Christmas Party and Carols by Candlelight

508/16 RESOLVED:        (Finlayson/Ainsworth)

 

1        That Council approve a request from Dr Guard, Bowraville Lions Club and District Chamber of Commerce for Bowraville 2016 Kids Christmas Party/Carols by Candlelight, 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 notification for the road closures.

 

2        That Council endorse temporary road closures for the Bowraville 2016 Kids Christmas Party/Carols by Candlelight to be held between 3.00pm and 9.30pm Thursday 15 December in High Street Bowraville between Young and Belmore Street.

 

 

 

ITEM 11.6    ND-MB-39          241116      Quotations for Project ND-MB-39 under Tender T008/2016 for Landslip Remediation, Bowraville Bellingen Rd

509/16 RESOLVED:        (Smyth/Ballangarry)

 

1        That Council accept the quotation received from Nviroscope Pty Ltd.

 

2        That Council note that a private engineering consultant will be engaged as project manager to oversee the project on Council’s behalf.

 

3        That Council note item 12.4 in Closed report.

 

 

For the Motion:               Councillors Hoban, Jones, Reed, Ainsworth, Smyth, Jenvey, Ballangarry and                                       Wilson         (Total 8)

Against the Motion:         Finlayson     (Total 1)

 

 

 

ITEM 11.7    SF675                241116      Tender T311617 MNC Crushing of Concrete, Brick and Tile Products

510/16 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council award the contract for the crushing of concrete, brick and tile products as a panel source tender to

 

•      Bretmart Pty Ltd

•      Echo Recycling Ptd Ltd

•      Drumderg Services Pty Ltd

         

          for the period 1 November 2016 to 30 September 2018.

 

2        That a provision be allowed for a 12 month extension based on satisfactory supplier performance, which may take this contract through to 30 September 2019.

 

3        That Council endorse the tender evaluation as provided in the confidential report for the supply of crushing of concrete, brick and tile products as a panel source tender.

 

4        That Council update the Contract Register (TRIM: 31325/2016).

 

5        That Council note item 12.5 in Closed report.

 

 

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

Against the Motion:         Nil

 

 

 

ITEM 11.8    SF848                241116      Access to Nambucca Heads Island Golf Club Carpark (Timber Bridge)

511/16 RESOLVED:        (Smyth/Wilson)

 

That Council receive and note the report.

 

     

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.25 pm. 

 

Confirmed and signed by the Mayor on 15 December 2016.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)