PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Susan Jenvey

Cr Brian Finlayson

Cr Janine Reed

Cr David Jones

Cr John Wilson

Cr Anne Smyth

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (Assistant General Manager, Corporate Services)

Clint Fitzsummons (Manager Assets)

Lorraine Hemsworth (Minute Secretary)

 

APOLOGIES

 

Cr Martin Ballangarry OAM

Paul Gallagher (AGM Engineering Services)

 

PRAYER

 

Pastor Peter Lott from the Christian Life Centre, 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 15 December 2016

1/17 RESOLVED:  (Reed/Smyth)

 

That the minutes of the Ordinary Council Meeting of 15 December 2016 be confirmed with the following amendments:

 

·                     p15           Resolution 531/16:

 

That Council invite Bellingen Shire Council to be a part of this Clean Energy Committee to order to take advantage of potential resource sharing on future projects. And further, if the response is positive, Council forward a copy of the draft Terms of Reference for consideration.

 

·                     p13           Resolution 527/16 to be as follows:

 

Amendment:       (Hoban/Reed)

That Council receives a further brief report as to whether there has been any investigation as to the potential for the land being dedicated to interested environmental groups such as Wetland Care Australia before reconsidering this proposal.

 

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

 

 

 

2/16 Resolved(Hoban/Reed)

 

That Council receives a further brief report as to whether there has been any investigation as to the potential for the land being dedicated to interested environmental groups such as Wetland Care Australia before reconsidering this proposal.

 

 

 

DELEGATIONS

RECOMMENDATION:

 

That the following delegations be heard:

 

9.7     Illawong Village Boundary Adjustment:

          i         Ms Edna Stride OAM

9.9     Nambucca LEP Amendment No 21 - Housekeeping and Other Policy Amendments

          ii        Mr Adrian Oxbrow – Loftus Street, Nambucca Heads

          iii       Mr Peter Webber – Loftus Street, Nambucca Heads

          iv       Mr James Ledger – 59 Waratah Street, Scotts Head

 

Confidiential SECTION:

12.2   Economic Development/Tourism Inquiry

          Mr Aaron Trevis

 

 

ITEM 9.7      PRF19                120117      Illawong Village Boundary Adjustment

3/17 RESOLVED:  (Ainsworth/Smyth)

 

1        That the Illawong Village Limited be advised that Council will accept trusteeship of the land being Part Lot 483 DP 755550 and Lot 447 DP 755550 so as facilitate its      development for its intended purpose of providing affordable housing for seniors or people with a disability or otherwise maintained as part of the open space of McMorrine Park.

 

2        That if the Illawong Village Limited agrees to transfer trusteeship with the knowledge of Council’s intentions, then there be a further report to Council in relation to securing expressions of interest from suitable parties in the development of the land.

 

 

 

 

9.9     Nambucca LEP Amendment No 21 - Housekeeping and Other Policy Amendments

          ii        Mr Adrian Oxbrow  addressed the Council with his objection to the proposed planning amendment in Loftus Street, Nambucca Heads.

 

4/17 Resolved(Smyth/Finlayson)

That Mr Adrian Oxbrow be extended extra time in his delegation to Council on Lot 470, Loftus Street, Nambucca Heads.

 

          iii       Mr Peter Webber addressed the Council with his objections to the proposed planning amendment in Loftus Street, Nambucca Heads.

          iv       Mr James Ledger addressed Council with his objections to the proposed planning amendment at 59 Waratah Street, Scotts Head.


 

 

ITEM 9.9      SF2208              120117      Nambucca LEP Amendment No 21 - Housekeeping and Other Policy Amendments


Motion:      (Finlayson/Ainsworth)     

 

1        That Council proceed with the proposed amendment as attached to this report except for item 2.7.

 

2        That Council engage a suitably qualified person to undertake an assessment of flora and fauna on Lot 701 DP 1054525 - Boronia Street, Nambucca Heads to determine if the required asset protection zones from future residential development on the lot will result in any significant effects on threatened species, populations, communities or their habitats. If it will not, re-exhibit item 2.7 as a new planning proposal.

 

3        That pursuant to Clause 59(1) of the Environmental Planning and Assessment Act 1979 Council request that a draft instrument be prepared by forwarding all relevant information to the Minister and requesting that the plan be made.

 

4        That those persons/agencies who made submissions be advised of Council's decision.

 

Amendment:       (Smyth/Jenvey)

 

That Council determine (2.8) Loftus Street, Nambucca Heads and (2.15) Waratah Street, Scotts Head separately.

 

For the motion:       Councillors Smyth, Jenvey, Reed, Jones                                  (Total 4)

Against the motion: Councillors Wilson, Finlayson, Ainsworth, Hoban                      (Total 4)

 

The amendment was Lost.

 

5/17   Resolved:          (Finlayson/Ainsworth)

 

1        That Council proceed with the proposed amendment as attached to this report except for item 2.7.

 

2        That Council engage a suitably qualified person to undertake an assessment of flora and fauna on Lot 701 DP 1054525 - Boronia Street, Nambucca Heads to determine if the required asset protection zones from future residential development on the lot will result in any significant effects on threatened species, populations, communities or their habitats. If it will not, re-exhibit item 2.7 as a new planning proposal.

 

3        That pursuant to Clause 59(1) of the Environmental Planning and Assessment Act 1979 Council request that a draft instrument be prepared by forwarding all relevant information to the Minister and requesting that the plan be made.

 

4        That those persons/agencies who made submissions be advised of Council's decision.

 

For the motion:      Councillors   Hoban, Wilson, Jones, Reed, Ainsworth, Finlayson

                             (Total 6)

Against the motion: Councillors Smyth and Jenvey

                             (Total 2)

Note:  Councillors Smyth and Jenvey recorded their reasons for opposing the motion being they do not agree with Items 2.8 and 2.18 but otherwise support the other Items.

 

 

 

 

Adjournment of Meeting:

6/17 Resolved(Ainsworth/Finlayson)

 

That the meeting be adjourned for a short break – 6.45pm to 6.58pm.

 

 

 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

7/17  Resolved: (Ainsworth/Reed)

 

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:

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF1134              120117      Economic Development/Tourism Inquiry

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.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.00 pm.

 

DELEGATION - Confidiential SECTION:

12.2   Economic Development/Tourism Inquiry

          v        Mr Aaron Trevis and Dr Chris Hawley

 

RESUME IN OPEN MEETING

8/17 Resolved(Ainsworth/Finlayson)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 7.30 pm.

 

FROM COUNCIL IN CLOSED MEETING

 

ITEM 12.2    SF1134              120117      Economic Development/Tourism Inquiry

9/17 RESOLVED:  (Reed/Ainsworth)

 

That Council:

 

1        Note the economic development/tourism inquiry.

 

2        Provide its owner’s consent to a development application for feasibility investigations and a         renewable 12 month licence agreement for the proponents to enter upon Council’s land for    the purposes of undertaking those investigations.

 

3        There be a further report to Council when there has been some substantive progress in the matter or in 6 months’ time, whichever occurs first.

 

4        That Council’s seal be attached to any licence agreement as may be required.

 

 

7.35 pm – 8.15 pm          The meeting adjourned for dinner.

 

 

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                120117      Outstanding Actions and Reports

10/17 RESOLVED: (Reed/Smyth)

 

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

 

 

 

ITEM 9.2      RF391                120117      Replacement of Browns Bridge, Sadlers Lane, Taylors Arm

11/17 RESOLVED: (Finlayson/Reed)

 

That the report on the Replacement of Browns Bridge, Sadlers Lane, Taylors Arm be deferred until 9 February 2017 Council meeting.

 

 

 

 

ITEM 9.3      SF42                  120117      Fit for the Future Improvement Plans and Integrated Planning and Reporting

12/17 RESOLVED: (Finlayson/Wilson)

 

That Council note the information contained in Circular No. 16-49 issued by the Office of Local Government on 21 December 2016.

 

 

 


 

 

ITEM 9.4      SF1417              120117      Filling and Compaction of Nambucca Heads Industrial Land zoned B7 Business Park

13/17 RESOLVED: (Ainsworth/Finlayson)

 

That Council proceed with engaging contractors to import 4,000m3 of hard stand fill material to proposed Lot 16 Railway Road, Nambucca Heads and for its spreading and compaction at an estimated total cost of $61,000 inclusive of GST.

 

 

ITEM 9.5      SF4                    120117      Building Regional Australia Summit - Nambucca Heads RSL - 26 to 28 April 2017

14/17 RESOLVED: (Ainsworth/Reed)

 

That Council provide the balance of the requested sponsorship to secure the Building Regional Australia 2017 summit to be held at the Nambucca Heads RSL Club between 26 and 28 April 2017.

 

 

ITEM 9.6      SF1635              120117      Productivity Savings - Organisation Structure

15/17 RESOLVED: (Finlayson/Wilson)

 

That Council seek expressions of interest from its staff for voluntary redundancy as per the Local Government Award provisions, noting that Council is not obliged to make an offer, with each offer to be assessed on its merits including the duties of the position, the cost of the position to the general fund and the cost of the redundancy.  Following referral to the Consultative Committee, recommendations to make offers of voluntary redundancy will be reported to Council as a variation to the organisation structure.

 

Note:  Cr Smyth requested that her name be recorded against the resolution.

 

 

 

Item 9.7 was dealt with under Delegations.

 

 

ITEM 9.8      SF2293              120117      Development Applications greater than 12 months or where submissions received - 8 December to 3 January 2017

16/17 RESOLVED: (Ainsworth/Reed)

 

That the information be noted by Council.

 

 

 

Item 9.9 was dealt with under Delegations.

 

 

ITEM 9.10    SF2293              120117      2016 NSW population and household projections

17/17 RESOLVED: (Reed/Ainsworth)

 

That the information be noted.

 

 

ITEM 9.11    SF1148              120117      Council Ranger's Report October and November 2016

18/17 RESOLVED: (Ainsworth/Wilson)

 

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

 

 

 

General Manager Report - LATE

ITEM 9.12    SF42                  120117      Induction and Ongoing Professional Development for Mayors and Councillors

19/17 RESOLVED: (Ainsworth/Jones)

 

That the NSW Office of Local Government (OLG) be advised as follows:

 

1        The impediment impacting on this council’s capacity to comply with the proposed regulations is its focus on improving its financial sustainability and additional governance costs arising out of the required training detract from this focus; and

 

2        This impediment can be partially overcome by the OLG providing a range of training opportunities to councils at no cost, for example by the use of webinars, regional based trainers and the like.

 

 

 

 

Assistant General Manager Corporate Services Report

ITEM 10.1    SF395                120117      2016/17 Borrowing Program

20/17 RESOLVED: (Finlayson/Ainsworth)

 

1        Council approves new borrowings of $1,500,000 for Infrastructure Works ($1,000,000 Bridges and $500,000 Roads) as provided for in the 2016-17 Operational Plan.

 

2        That Council approves the execution of a Loan Agreement between Nambucca Shire Council and New South Wales Treasury Corporation.

 

3        The approved terms of the loan are Credit Foncier Loan for $1,500,000, for a 15 year term with a fixed interest rate and biannual repayments.

 

4        The General Manager accepts NSW Treasury Corporation’s interest rate and executes drawdown.

 

5        Council authorise the Mayor and/or the General Manager to execute the Loan Agreement.

 

6        That in the event NSW Treasury Corporation requires the loan agreement to be executed under seal that the Council Seal be affixed to the Loan Agreement.

 

 

 


 

 

ITEM 10.2    SF2230              120117      Investment Report to 31 December 2016

21/17 RESOLVED: (Wilson/Ainsworth)

 

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

 

 

 

ITEM 10.3    SF251                120117      Schedule of Council Public Meetings 2017

22/17 RESOLVED: (Finlayson/Jenvey)

 

That the schedule of dates for public Council meetings in 2017 be noted and received for information by Council.

 

 

 

ITEM 10.4    SF315                120117      Mary Boulton Pioneer Cottage and Museum - Committee of Management - Annual General Meeting 12 November 2016

23/17 RESOLVED: (Ainsworth/Finlayson)

 

That Council endorse the minutes of the Annual General Meeting held on 12 November 2016 for the Committee of Management for the Mary Boulton Pioneer Cottage and Museum and thank the outgoing Committee for their work in the past twelve months.

 

 

 

ITEM 10.5    SF340                120117      Utungun Community Centre Committee of Management - Minutes of AGM - 10 November 2015

24/17 RESOLVED: (Ainsworth/Jenvey)

 

That Council endorse the Minutes of the Utungun Community Centre’s Committee of Management for the Annual General Meeting held on 10 November 2015 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

Assistant General Manager Engineering Services Report

ITEM 11.1    SF84                  120117      NSW Rural Fire Service 2017/18 Budget Bid

25/17 RESOLVED: (Ainsworth/Jenvey)

 

1        That Council receive a presentation from the NSW Rural Fire Service Zone Manager for the Lower North Coast Zone on the proposed 2017/18 NSW Rural Fire Service budget, plant replacement and capital works for buildings and amenities.

 

2        That Council thank Mr Ison for his presentation.

 

3        That Council note the RFS contribution for 2016/17 is $263,554.00 and that this will be reflected in the December 2016 QBR.

 

 

 

 

ITEM 11.2    SF825                120117      Purchase of a Zipper Machine

26/17 RESOLVED: (Ainsworth/Jenvey)

 

1        That Council allocate an amount of $70,000 (ex GST) from working funds towards the plant fund for the purchase of a low hour second hand Zipper AZ300B and a suitable plant hire rate be devised to offset the cost of purchase over the next twelve months derived from the payment on plant hire charges that would normally be paid to external contractors for work untaken on the heavy patching program, road rehabilitation and proposed works on the Bellingen/Bowraville Road.

 

2        That the payment for any second hand zipper machine be subject to Council’s Senior Mechanic being satisfied as to the condition of the machine and the cost of its on-going maintenance.

 

 

 

 

ITEM 11.3    SF841                120117      Pacific Highway Upgrade - Assets Handover as at December 2016

27/17 RESOLVED: (Ainsworth/Finlayson)

 

That Council receive and note the report.

 

 

 

9.56 pm – Cr Reed left the meeting.

 

Assistant General Manager Engineering Services Report - LATE

ITEM 11.4    SF2080              120117      RMS Meeting for Highway Handover

28/17 RESOLVED: (Finlayson/Wilson)

 

1           For Council information.

 

2        A new report is to be submitted at future Council Meeting, once a final figure for the Maintenance Diary has been determined.

 

     

9.59 pm – Cr Finlayson, Scott Norman, Clint Fitzsummons and Lorraine Hemsworth left the meeting.

 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

29/17 RESOLVED: (Ainsworth/Jenvey)

 

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    SF839                120117      General Manager's Performance Review

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.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 10.00 pm.

 

RESUME IN OPEN MEETING

30/17 RESOLVED: (Ainsworth/Jenvey)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 11.08 pm.

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF839                120117      General Manager's Performance Review

 

The Council provided the General Manager with feedback.

 

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 11.10 pm. 

 

Confirmed and signed by the Mayor on 9 February 2017.

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)