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)

Lorraine Hemsworth (Minute Secretary)

 

 

Introduction of Tim Polo (Designer – Engineering) to the Councillors.

 

 

PRAYER

 

Pastor Darryl Springs from the Presbyterian Church, offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor Smyth declared a non-pecuniary less significant conflict of interest in Item 9.13 Establish of a Council Clean Energy Committee under the Local Government Act as Cr Smyth is a member of the Nambucca Valley Conservation Association who have been invited to participate on the Clean Energy Committee.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 11 May 2017

240/17 Resolved:        (Smyth/Ballangarry)

 

That the minutes of the Ordinary Council Meeting of 11 May 2017 be confirmed.

 

 

 

  

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.

241/17 Resolved:        (Ainsworth/Reed)

 

That Item 9.14 Insurance Brokerage Services Tender be brought forward as a staff member is present.

 

 

 

ITEM 9.14    T002/2017           250517      Insurance Brokerage Services Tender

242/17 RESOLVED:        (Ainsworth/Reed)

 

1        That Council accepts the tender from Jardine Lloyd Thompson for the provision of insurance brokerage services for a period of five years commencing 1 July 2017.

 

2        That Council formally acknowledges the outstanding work of Safety and Risk Officer, Ken Fowler, in achieving a significant reduction in Council’s insurance premium to the value of $283,303.03.

 

3        That Council formally thank Albury City Council for their assistance in providing information for the insurance brokerage services tender.

 

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

Against the motion:         Nil

 

243/17 Resolved:        (Ainsworth/Wilson)

 

That Item 9.16 - Charges to Operate On-Site Sewage Management Systems be brought forward as there is a member in the public gallery with an interest in the matter.

 

 

ITEM 9.16    SF1232              250517      Charges to Operate On-Site Sewage Management Systems

244/17 RESOLVED:        (Ainsworth/Wilson)

 

That the information concerning questions about charges for the operation of on-site sewage management systems be received.

 

 

 

 

 

General Manager Report

ITEM 9.1      SF959                250517      Outstanding Actions and Reports

245/17 RESOLVED:        (Ainsworth/Finlayson)

 

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

 

 

 

 


 

 

ITEM 9.2      SF578                250517      Land Management and Biodiversity Conservation Reforms - Regulations on Public Exhibition until 21 June 2017

246/17 RESOLVED:        (Ainsworth/Wilson)

 

That Council note the information concerning the public exhibition of the draft regulations for the Biodiversity Conservation Act 2016 and the Local Land Services Amendment Act 2016.

 

 

 

ITEM 9.3      PRF19                250517      Illawong Village Boundary Adjustment

247/17 RESOLVED:        (Finlayson/Ainsworth)

 

That Council request the NSW Department of Industry – Lands to provide Council with trust tenure of Part Lot 483 DP 755550 and Lot 447 DP 755550 being the undeveloped residue of Crown Reserve 85920 to enable its development for housing for seniors or people with a disability.

 

 

 

ITEM 9.4      SF42                  250517      2017/2018 Determination of the Local Government Remuneration Tribunal

 MOTION:     (Finlayson/Ainsworth)

 

1        That Council confirm that remuneration for the Mayor and Councillors in 2017/2018 be set at the maximum allowed under the determination of the Local Government Remuneration Tribunal being:

 

          Councillors                      $11,570

          Mayor Additional Fee      $25,250*

 

          *This fee must be paid in addition to the fee paid to the Mayor as a Councillor (s.249(2)).

 

2        That Council’s Creditors Clerk be advised of the increase in Councillor fees effective from 1 July 2017.

 

Amendment:       (Jenvey/Smyth)

 

1        That Council confirm that remuneration for the Mayor and Councillors in 2017/2018 be set at the maximum allowed under the determination of the Local Government Remuneration Tribunal being:

 

          Councillors                      $11,570

          Mayor Additional Fee      $25,250*

 

          *This fee must be paid in addition to the fee paid to the Mayor as a Councillor (s.249(2)).

 

2        That Council’s Creditors Clerk be advised of the increase in Councillor fees effective from 1 July 2017.

 

3        That a submission to the Tribunal for consideration of remuneration.

The Amendment was Lost.

The Motion was put and it was:

 

 

248/17 Resolved:        (Finlayson/Ainsworth)

 

1        That Council confirm that remuneration for the Mayor and Councillors in 2017/2018 be set at the maximum allowed under the determination of the Local Government Remuneration Tribunal being:

 

          Councillors                    $11,570

          Mayor Additional Fee     $25,250*

 

          *This fee must be paid in addition to the fee paid to the Mayor as a Councillor (s.249(2)).

 

2        That Council’s Creditors Clerk be advised of the increase in Councillor fees effective from 1 July 2017.

 

ITEM 9.5      SF1673              250517      Cost/Benefit of an Area Switch in NBN Technology

249/17 RESOLVED:        (Finlayson/Reed)

 

That the information concerning the cost/benefit of an Area Switch in NBN technology be received.

 

 

 

ITEM 9.6      SF1958              250517      Nambucca Flood Risk Management Study and Plan

250/17 RESOLVED:        (Finlayson/Wilson)

 

1        That Council adopt the Nambucca Flood Risk Management Study and Plan for implementation with the changes identified/recommended in this report.

 

2        Council’s internal Geographic Information System be updated with the most current flood mapping available including, 1% AEP flood Levels, PMF flood levels, relevant Flood Velocities and surveyed floor levels of dwellings in the project area;

 

3        Amendments to the Nambucca LEP 2010 recommended in the Flood Risk Management Plan be given further consideration in the next housekeeping LEP amendment.

 

 

 

ITEM 9.7      DA2017/076        250517      Development Application DA2017/076

251/17 RESOLVED:        (Smyth/Ainsworth)

 

That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2017/076 for a dwelling house on Lot B DP 316099 68 High Street, Bowraville, subject to the schedule of conditions outlined in attachment 2 of this report.

 

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

Against the motion:         Nil

 

 

 


 

 

ITEM 9.8      SF1541              250517      Review of Local Environmental Plan

MOTION:      (Smyth/Jenvey)

 

That Council note the contents of the report and provide the General Manager or Manager Development & Environment with any suggested amendments to the Nambucca Local Environmental Plan 2010 for consideration.

 

 

Amendment:       (Finlayson/Ainsworth)

 

1        That Council note the contents of the report and provide the General Manager or Manager Development & Environment with any suggested amendments to the Nambucca Local Environmental Plan 2010 for consideration.

 

2        That the review include consideration and a subsequent report on the creation of more residential land near Macksville and more Industrial land (including land for Bulky Goods retail) near Macksville.

 

The Amendment was carried and became the motion which is:

 

 

252/17 Resolved:        (Finlayson/Ainsworth)

 

1        That Council note the contents of the report and provide the General Manager or Manager Development & Environment with any suggested amendments to the Nambucca Local Environmental Plan 2010 for consideration.

 

2        That the review include consideration and a subsequent report on the creation of more residential land near Macksville and more Industrial land (including land for Bulky Goods retail) near Macksville.

 

 

 

 

 

ITEM 9.9      SF2150              250517      Bowraville Connections, Stage 1 Community Recreation and Sports Precinct

253/17 RESOLVED:        (Jenvey/Finlayson)

 

1          That Council endorse the draft plan for implementation, subject to design modifications to accommodate works and further consultation regarding proposed camping.   Council will be consulted on the implementation of plan as required.

 

2          That Council note the options for funding, including the offer of $150,000.

 

 

 

 


 

 

ITEM 9.10    SF2293              250517      Development Applications greater than 12 months or where submissions received - to 18 May 2017

254/17 RESOLVED:        (Finlayson/Ainsworth)

 

That the information be noted by Council.

 

 

 

 

 

ITEM 9.11    SF818                250517      Bowra Dam - Request for licence amendment for environmental release

255/17 RESOLVED:        (Smyth/Reed)

 

That Council write to DPI-Water requesting a meeting to pursue the licence amendment that would also including other stake holders and that the Mayor, General Manager, Assistant General Manager Engineering Services, Manager Water and Sewerage and a representative from GHD form a delegation to attend that meeting.

 

 

 

 

 

ITEM 9.12    SF777                250517      Expression of Interest to Establish a biobanking site at the Nambucca Off River Storage Facility

256/17 resolved:        (Finlayson/Ainsworth)

 

That Council list the Nambucca Off River Storage Facility land being Lot 1 DP1186268, excluding the high water mark for a 14,000 ML dam and subject to staff investigating the areas of suitability as borrow pits for future wall construction, on the Office of Environment and Heritage Biobank Site Expression of Interest Public Register.

 

 

 

 

 

ITEM 9.13    SF842                250517      Establishment of a Council "Clean Energy Committee"

257/17 MOTION:    (Jenvey/Ballangarry)

 

1          That Council nominates three (3) Councillors including a Chair to the Committee

 

2          That Council appoints all members of the public who have submitted an expression of interest to the Committee

 

3          That Council thanks the Office of Environment & Heritage for accepting the invitation to be a part of the Committee

 

4          That Council thanks all those who have submitted expressions of interest

 

 

Amendment:       (Ainsworth/Jones)

 

1          That Council nominates three (3) Councillors including a Chair to the Committee

 

2          That Council appoints all members of the public who have submitted an expression of interest to the Committee

 

3          That Council thanks the Office of Environment & Heritage for accepting the invitation to be a part of the Committee

 

4          That Council thanks all those who have submitted expressions of interest

 

5          That the Committee review the Terms of Reference for Council’s consideration.

 

The Amendment was carried and became the motion which is:

 

 260/17 Resolved:       (Ainsworth/Jones)

 

1          That Council nominates three (3) Councillors including a Chair to the Committee

 

2          That Council appoints all members of the public who have submitted an expression of interest to the Committee

 

3          That Council thanks the Office of Environment & Heritage for accepting the invitation to be a part of the Committee

 

4          That Council thanks all those who have submitted expressions of interest

 

5          That the Committee review the Terms of Reference for Council’s consideration.

 

6          That Councillors Jenvey, Smyth and Ballangarry be nominated to participate in the Clean Energy Committee.

 

 

 

 

Item 9.14 was dealt with earlier in the meeting.

 

 

 

ITEM 9.15    SF265                250517      Review of Donations Policy

261/17 RESOLVED:        (Wilson/Reed)

 

That the reviewed Policy - “Donations Policy” be placed on public exhibition for 28 days.

 

 

 

Item 9.16 has been dealt with earlier in the meeting.

 

 


 

 

ITEM 9.17    SF1154              250517      Draft Workforce Plan 2017-2021

262/17 RESOLVED:        (Finlayson/Ainsworth)

 

That the draft Workforce Plan 2017-2021 be placed on exhibition for 28 days along with the other components of the Resourcing Strategy, Community Strategic Plan and Delivery Program.

 

 

 

 

 

ITEM 9.18    SF2244              250517      March 2017 Budget Review

263/17 RESOLVED:        (Wilson/Ainsworth)

 

1        That the budget review for the quarter ended 31 March, 2017 be received.

 

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

 

 

 

 

Assistant General Manager Corporate Services Report

ITEM 10.1    SF2246              250517      Environmental Levy Projects 2017-18

264/17 RESOLVED:        (Smyth/Wilson)

 

That Council resolve:

 

1        To note the information concerning the Environmental Levy budget and projects.

 

2        That the information be included in the 2017-18 Integrated Planning and Reporting documents put on exhibition for public comment.

 

 

 

 

 

ITEM 10.2    SF2246              250517      End of Term Report on Progress Towards Implementing the Community Strategic Plan

265/17 RESOLVED:        (Finlayson/Reed)

 

That Council note End of Term report on the progress on implementation of the Community Strategic Plan 2013-2023.

 

 

 

 


 

 

ITEM 10.3    SF1618              250517      Community Strategic Plan 2027

motion:      (Wilson/Jenvey)

 

That Council endorse the Draft Nambucca Shire Council Community Strategic Plan 2027 and that the draft document be placed on display for public comment.

 

Amendment:  (Jenvey/Smyth)

That Council adopt the recommendation with the following changes:

 

Page 13

Aspiration 3 Living Well

 

2nd dot point:

The Shire’s residents will value and celebrate the inspiring achievements and practices of the worlds oldest living culture.

 

Aspiration 4:  Promoting Prosperity

 

1st dot point:

The Shire’s infrastructure will reliably support the needs of the community.  It will plan for future demands and balance economic opportunities with sustainability outcomes.

 

The Amendment was lost.

 

Amendment:       (Hoban/Ainsworth)

That whilst the Draft Community Strategic Plan is on exhibition that Councillors review the document within 14 days and provide any comments to the Assistant General Manager Corporate Services for circulation to all Councillors for consideration with any comments from the public, prior to its finalisation.

 

 

The Amendment was carried and became the motion which is:

 

267/17 Resolved:        (Hoban/Ainsworth)

 

That whilst the Draft Community Strategic Plan is on exhibition that Councillors review the document within 14 days and provide any comments to the Assistant General Manager Corporate Services for circulation to all Councillors for consideration with any comments from the public, prior to its finalisation.

 

 

 

 

 

ITEM 10.4    SF251                250517      Schedule of Council Public Meetings 2017

268/17 RESOLVED:        (Ainsworth/Finlayson)

 

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

 

 

 

 


 

 

ITEM 10.5    SF2344              250517      Initial Local Government Performance Audits conducted by the NSW Audit Office

269/17 RESOLVED:        (Ainsworth/Reed)

 

That Council note the information from the Audit Office NSW.

 

 

 

 

 

ITEM 10.6    SF1618              250517      Nambucca Shire Delivery Program 2017-2021

270/17 RESOLVED:        (Reed/Wilson)

 

That Council endorse the Draft Nambucca Shire Council Delivery Program 2017-2021 and that the draft document be placed on display for public comment.

 

 

 

 

Assistant General Manager Engineering Services Report

ITEM 11.1    SF1031              250517      Review of Policy: Trees and Street Gardens - Maintenance and Removal of Trees and Street Gardens on Public Land Managed by Council

271/17 RESOLVED:        (Smyth/Ballangarry)

 

1        That Council adopt the revised Draft Policy - Trees and Street Gardens – Maintenance and Removal of Trees and Street Gardens on Public Land Managed by Council (Our Ref:  13154/2013).

 

2        That Council delete the policies titled Tree Maintenance and Removal Application (TRIM SF265: 13482/2007) and the Trees in Parks, Streets and Street Gardens (TRIM SF265: 25354/2007).

 

3        That Council update the Policy Register and the website accordingly.

 

4        That Council thank Mr Richard Ennis for his submission.

 

 

 

 


 

 

ITEM 11.2    SF1676              250517      Capital Works Report - March 2017

272/17 RESOLVED:        (Finlayson/Ainsworth)

 

1        That the Capital Works Report for the third quarter of the 2016/17 financial year ending 31 March 2017 and expenditure YTD week ending 15 May 2017, be received and noted.

 

2        That Council defer the purchase of the two Civic Services vehicles being Plant No 5981 ($29000.00) and Plant No 5591 ($29,000.00) following Council resolution to review these services and place the allocation of $58,000.00 into the plant reserve.

 

3        That Council reallocate the amount of $97,000.00 from WO 2396 (Rodeo Drive) and place the allocations across WO 2837 ($63,172.00) and WO 2404 ($33,042.00) to cover the over expenditure attributed to wet weather and latent pavement conditions, and WO 2396 (Rodeo Drive) allocation be amended to $93,000.00.

 

4        That Council reallocate the amount of $10,000.00 (WO 2765 gravel Council place the allocation of $13,000.00 (WO2741 - Coronation Park - Renewal of 2 Light Poles) and $15000.00 (WO2396 - Thistle Park Oval - cricket nets) into a reserve for use in the 2017/18 financial year. 

 

5        That Council reallocate the amount of $10000.00 (WO 2765 gravel resheeting for Brush Box Road) to the next gravel resheeting project located on Southbank Road due to the works being completed by Pacifico.

 

6        That Council revote the allocation of $10,500.00 (WO 2767 gravel resheeting for Cockburns Lane) to the 2017/18 financial year due to access not being available because of the work currently in progress on the Pacific Highway upgrade.

 

7        That Council combine the allocation of $24300.00 for WO 2371 (Nambucca Heads road rehabilitation) and the allocation of $10500.00 for WO 2747 (Ridge Street reseal) to $34800.00 under WO 2371 for the pavement rehabilitation on Ridge Street Nambucca Heads.

 

8        That Council reallocate the amount of $12,000.00 from WO 2793 (Headworks Lab Building) for the replacement of a booster pump at Scotts Head following an unplanned failure.

 

9        That Council reallocate the amount of $13,500.00 from WO 1945 (Sewer Rehabilitation) to WO 1681 (Biosolids Processing).

 

10      That Council revote the amount of $56500.00 from WO 1945 (Sewer Rehabilitation) for work to be undertaken in 2017/18 for sewer line rehabilitation.

 

11      That Council reallocate the amount of $90,000.00 (WO 1642) to replace the old AC main in Newry Street in lieu of constructing a new main in Loftus Lane to take water services off trunk main between reservoirs (WO1643).

 

 

 

     


 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

273/17 RESOLVED:        (Wilson/Ainsworth)

 

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 below.

 

Reason reports are in Closed Meeting:

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF2302              250517      Insurance Brokerage Services Tender

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) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF2279              250517      Organisation Review - Water and Sewer Section

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 IN CLOSED commenced at 7.52 pm.

 

RESUME IN OPEN MEETING

274/17 RESOLVED:        (Finlayson/Ainsworth)

 

That the Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at  7.53 pm

 

 


 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF2302              250517      Insurance Brokerage Services Tender

275/17 RESOLVED:        (Ainsworth/Finlayson)

 

That Council accept the tender from Jardine Lloyd Thompson for the provision of insurance brokerage services for a period of five years commencing 1 July 2017.

 

 

 

 

 For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF2279              250517      Organisation Review - Water and Sewer Section

276/17 RESOLVED:        (Finlayson/Reed)

 

That the following changes to the organisation structure be noted:

 

a)      the following positions being made redundant:

 

·           Water and Sewerage Coordinator (presently vacant)

·           Site Leader Sewerage

·           Site Leader Water

 

b)      the following positions being created: 

 

·           Reticulation Coordinator

·           Electrician

·           Plumber

·           Pump Station Attendants x 2

 

c)      the Sewer Attendants and Water Attendants positions being retitled Reticulation Attendant.

 

d)      the position of Water and Sewerage Technical Officer with a revised position description be retained, but under Development & Environment reporting to the Senior Health and Building Surveyor.

 

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.53 pm. 

 

Confirmed and signed by the Mayor on 15 June 2017.

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)