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)

 

 

PRAYER

 

Pastor Paul Richardson of the Seventh Day Adventist 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 9.16 – Draft Flying Fox Management Plan Gordon Park under the Local Government Act as Cr Smyth is a member of the Gordon Park Rainforest Committee of Management.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 25 May 2017

277/17 RESOLVED:        (Smyth/Wilson)

 

That the minutes of the Ordinary Council Meeting of 25 May 2017 be confirmed with correction to:

 

Page 12 – Item 9.11 – second line – replacing “including” with “include”.

 

 

 

 


 

NOTICE OF MOTION - CR Hoban

ITEM 5.1      SF2303              150617      Review of Capacity of Finance Section

278/17 RESOLVED:        (Hoban/Finlayson)

 

1        That in consultation with Finance staff the General Manager and Assistant General Manager Corporate Services conduct a review of the capacity of Finance Section to meet reporting requirements.

 

2        That the review consider matters such as skill sets, training needs, capacity to backfill critical positions, workload spread and opportunities for efficiencies in process and the removal of duplication.

 

 

 

  

PUBLIC FORUM

RECOMMENDATION

 

That the following delegations be heard:

 

i         Keith Baldwin and Alison Nowland - Impact of the Pacific Highway construction on flooding at Browns Crossing Road.

DELEGATIONS

 

ii        Jon Benelle – Item 9.2  Developer Servicing Charges for Existing Residential Lots Which Have Been Levied a Single Water & Sewerage Access Charge as Part of an Existing Holding

 

iii       John Schmidt – Item 9.8  Water, Sewerage and Domestic Waste Charges for Secondary Dwellings up to 60m2 in Gross Floor Area

 

i         Keith Baldwin and Alison Nowland - Impact of the Pacific Highway construction on flooding at Browns Crossing Road.

          Ms Nowland presented a powerpoint presentation to the Council and requested action be taken to achieve access for Browns Crossing Road other than placing a large amount of fill in the narrow flood plan.

Mr Baldwin also stated that there is no accurate rainfall measuring to gain correct flood data

The other major concern is the safety issue.

 

Delegations:

ii        Jon Benelle – Item 9.2  Developer Servicing Charges for Existing Residential Lots Which Have Been Levied a Single Water & Sewerage Access Charge as Part of an Existing Holding

 

Mr Jon Benelle addressed Council with the following points:

·    Director of Iesha Homes

·    Goal is to build affordable homes

·    Raised capital to build house

·    Not advised of contribution fees

·    Fees are not in line with other councils

·    Levels too high to accept

·    Willing to contribute

·    Section 64 should have been provided prior and not at end

·    4.5 yrs to develop and fees that come out of the blue are not acceptable

·    Fees need to be provided upfront

·    $20000 is too much at short notice

·    If fees too high will look at closing what they are doing and cancel build

·    Would like Council to accept the recommendation in the report

 

 

ITEM 9.2      DA2017/028        150617      Developer Servicing Charges for Existing Residential Lots Which Have Been Levied a Single Water & Sewerage Access Charge as Part of an Existing Holding

279/17 280/17 RESOLVED:       (Ainsworth/Reed)  

 

That Council adopt a policy of applying the “grandfathered” developer contributions for water and sewerage being the rates for pre 16/02/2012 consents to all new dwellings on existing holdings within urban areas for a period of 2 years.

 

For the motion:                         Councillors Hoban, Ainsworth, Finlayson, Reed, Jones, Wilson, Ballangarry, Jenvey and Smyth.

                                      (Total 9)

Against the motion:         Nil

 

 

281/17 Resolved:        (Finlayson/Ainsworth)

 

That further investigation be made into the 248 properties affected by the contribution requirement so as to flag within each 149 Certificate an informal warning to applicants to make enquiries about potential contributions and the matter be further reported to Council.

For the motion:                         Councillors Hoban, Ainsworth, Finlayson, Reed, Jones, Wilson, Ballangarry, Jenvey and Smyth.

                                      (Total 9)

Against the motion:         Nil

 

 

Delegations continued:

 

iii       John Schmidt – Item 9.8  Water, Sewerage and Domestic Waste Charges for Secondary Dwellings up to 60m2 in Gross Floor Area

          Mr Schmidt was available to answer any questions.

ITEM 9.8      DA2017/100        150617      Water, Sewerage and Domestic Waste Charges for Secondary Dwellings up to 60m2 in Gross Floor Area

282/17 RESOLVED:        (Smyth/Jenvey)

 

That Council change its policy of mandating a second domestic waste service (ie the 3 bin system) for owners of secondary dwellings with a gross floor area of up to 60m2, to a policy which provides the owners of such dwellings with the option of having a second domestic waste service.

 

 

 

 


 

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                150617      Outstanding Actions and Reports

283/17 RESOLVED:        (Ainsworth/Finlayson)

 

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

 

 

 

 

Item 9.2 dealt with under Delegation

 

 

 

ITEM 9.3      SF203                150617      2015-16 NSW Water Supply and Sewerage Performance Monitoring Report

284/17 RESOLVED:        (Smyth/Reed)

 

1        That Council note the release of the 2015-2016 NSW Water Supply and Sewerage Performance Monitoring Report.

 

2        That consideration be given to the levels of developer charges for water and sewerage as part of the current review of Council’s Integrated Water Cycle Management Strategy.

 

 

 

 


 

 

ITEM 9.4      SF1437              150617      Nambucca Heads Island Golf Club Lease and Request for Sponsorship

285/17 RESOLVED:        (Wilson/Finlayson)

 

1        Council advise the solicitors of the Native Title claimants NTS Corp as well as the Nambucca Heads Local Aboriginal Land Council of its intention to support the Nambucca Heads Island Golf Club Ltd being provided with a 10 year lease to occupy Reserve No. 77566 Stuart Island (either 10 years or a period of 5 years with an option for a further 5 years).

 

2        If the Native Title claimants and the Nambucca Heads Local Aboriginal Land Council are in agreeance with the proposed 10 year lease, that a submission be made to the Department of Industry – Lands recommending the endorsement of a lease of Reserve No. 77566 to the Nambucca Heads Island Golf Club Ltd for a term of 10 years.

 

3        If either the Native Title claimants and/or the Nambucca Heads Local Aboriginal Land Council are not in agreeance with the proposed 10 year lease, that the matter be further reported to Council.

 

4        Council endorse any lease agreement with its seal should this be required.

 

5        Council advise the Nambucca Heads Island Golf Club Ltd that it is prepared to provide sponsorship of $10,000 (ex GST) to attract the 5 nominated NSW golf championships and is seeking the Club’s assistance in identifying other sponsors to make up the balance of the sponsorship fee sought by Golf NSW.

 

Cr Smyth requested that her vote be recorded against the Resolution as she does not support point No 5 as it is inequitable and does not support Recommendation No 1 before Recommendation No 2 is determined.

 

Cr Jenvey and Ballangarry requested that their votes be recorded against the Resolution for the above reasons.

 

 

 

 

ITEM 9.5      SF2355              150617      Proposed Sale of Former Night Soil Depot at Gumma

286/17 RESOLVED:        (Finlayson/Smyth)

 

1        Council proceed to list for sale by private treaty Lot 1 DP 510707, Gumma Road, Gumma, for a price of $249,000.

 

2        Council disclose to any potential purchases all information in relation to the former use of the land.

 

3        Provided they are in agreeance, that the Mayor, General Manager and Manager Business Development be provided with delegated authority to accept an offer and to enter into a contract for the sale of the land.

 

4        That Council’s seal be attached to any contract documents as may be required.

 

 

 

 

 

ITEM 9.6      PRF16                150617      E J Biffin Fields - Fencing of Amenities Building

287/17 RESOLVED:        (Reed/Smyth)

 

That Council provide security fencing, similar to that used around school perimeters, around the amenities building at E J Biffin Fields as well as improved lighting with the funding to be sourced from the remaining unspent $48,000 arising out of the sale of the site of the Nambucca HealthOne facility.

 

 

 

 

 

ITEM 9.7      SF2303              150617      Operational, Community and Public Land

288/17 RESOLVED:        (Ainsworth/Reed)

 

That the information concerning operational land held by Council as well as Council’s community land and public community land under the control of Council be received.

 

 

289/17 Resolved:        (Reed/Ainsworth)

 

That Council reinstate the Land Development Committee meetings and they meet on a quarterly basis.

 

 

 

 

Item 9.8 – Dealt with under Delegations

 

 

 

ITEM 9.9      SF1429              150617      Contribution for Repair of the Bowraville Town Clock

290/17 RESOLVED:        (Finlayson/Ainsworth)

 

That Council make provision in its draft Operational Plan for 2017/2018 for the expenditure of $1,500 towards the repair of the Bowraville town clock.

 

 

 

 

 

ITEM 9.10    SF839                150617      Annual Reporting of Contracts for Senior Staff

291/17 RESOLVED:        (Wilson/Ainsworth)

 

That the information concerning the provisions of the employment contracts for the General Manager, Assistant General Manager Engineering Services and Assistant General Manager Corporate Services be received.

 

 

 

 

 

ITEM 9.11    SF578                150617      Contaminated Land Policy

292/17 RESOLVED:        (Smyth/Ballangarry)

 

That Council adopt the Contaminated Land Policy and Guideline contained within attachments 1 & 2 of this report.

 

For the motion:                         Councillors Hoban, Ainsworth, Finlayson, Reed, Jones, Wilson, Ballangarry, Jenvey and Smyth.

                                      (Total 9)

Against the motion:         Nil

 

 

 

 

 

ITEM 9.12    DA2016/233        150617      Development Application 2016/233 - Swimming Pool Lot 120 DP 245010, 7 South Pacific Drive, Scott's Head

293/17 RESOLVED:        (Hoban/Reed)

 

That Council note that the application was dealt with under delegated authority.

 

 

 

 

 

ITEM 9.13    SF2293              150617      Development Applications greater than 12 months or where submissions received - to 7 June 2017

294/17 RESOLVED:        (Finlayson/Smyth)

 

That the information be noted by Council.

 

 

 

 

 

ITEM 9.14    SF2293              150617      2017 May - Development and Complying Development Applications Received

295/17 RESOLVED:        (Finlayson/Wilson)

 

That the Development Applications and Complying Development Applications received in May 2017 be received for information.

 

 

 

 


 

 

ITEM 9.15    SF2293              150617      2017 May - Approved Construction and Complying Development Certificates

296/17 RESOLVED:        (Finlayson/Reed)

 

That the Construction and Complying Development Certificates approved for May 2017 be noted and received for information by Council.

 

 

 

 

 

ITEM 9.16    SF2290              150617      Draft Flying Fox Management Plan Gordon Park

297/17 RESOLVED:        (Smyth/Jenvey)

 

1        That Council receive the presentation from Ecosure Pty Limited in respect to the preparation of the Draft Flying Fox Management Plan for Gordon Park;

 

2        That Council endorse the draft Flying Fox Plan of Management for Gordon Park for Exhibition;

 

3        That Council exhibit the draft Flying Fox Plan of Management for Gordon Park for a period no less than 28 days.

 

 

298/17 Resolved:        (Smyth/Jenvey)

 

That Council revise the Plan of Management for Gordon Park in consultation with the Section 355 Committee of Management.

 

 

 

 

ITEM 9.17    SF2292              150617      Minutes of the Nambucca Shire Council Access Committee meeting held 23 May 2017

299/17 RESOLVED:        (Smyth/Jenvey)

 

1        That the draft Disability Inclusion Action Plan be presented to Council for endorsement and submitted to the NSW Disability Council.

 

2        That Michael Porter be endorsed as a Committee member.

 

3        That when Council is recarpeting the Council Chambers, consideration be given to either removing the podium or installing a ramp so that the meeting room complies with access standards.

 

4        That Council endorse the minutes of the Nambucca Shire Council Access Committee meeting held 23 May 2017.

 

 

 

 

 

ITEM 9.18    SF1148              150617      Council Ranger's Report April 2017

300/17 RESOLVED:        (Ainsworth/Reed)

 

That Council’s Ranger’s report for April 2017 be received and noted by Council.

 

 

 

 

 

ITEM 9.19    PRF33                150617      Update on proposed upgrade of James Park

301/17 RESOLVED:        (Wilson/Ballangarry)

 

That Council proceed with the project to upgrade James Park, Carbin Street, Bowraville that will include the memorial for Evelyn Greenup.

 

 

 

 

Assistant General Manager Corporate Services Report

ITEM 10.1    SF2230              150617      Investment Report to 31 May 2017

302/17 RESOLVED:        (Finlayson/Ainsworth)

 

That the Accountants’ Report on Investments placed to 31 May 2017 be noted.

 

 

 

 

 

ITEM 10.2    SF251                150617      Schedule of Council Public Meetings 2017

303/17 RESOLVED:        (Wilson/Reed)

 

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

 

 

 

 


 

Assistant General Manager Engineering Services Report

ITEM 11.1    SF711                150617      Tender for supply and delivery of Bulk Water Treatment Chemicals

304/17 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council award the contract for Tender T081718MNC for the supply and delivery of bulk water chemicals to the following tenderers listed by Schedule in the table below as the Single Source supplier to Nambucca Shire Council for the period 1 July 2017 to 30 June 2019:

 

SCHEDULE

PRODUCT DESCRIPTION

Tenderer

B (2)

Aluminium Sulphate (kgs)

Nowra Chemicals

D (2)

Hydrated Lime (Bulk)

Sibelco

E

Sodium Hypochlorite 13%

Price Chemicals

P

Sodium Fluoride (Granular)

Redox

X

Carbon Dioxide Bulk

BOC

 

2        That a provision be allowed for a 12 month extension based on satisfactory supplier performance, which may take this contract through to 30 June 2020.

 

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

 

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

 

For the motion:                         Councillors Hoban, Ainsworth, Finlayson, Reed, Jones, Wilson, Ballangarry, Jenvey and Smyth.

                                      (Total 9)

Against the motion:         Nil

 

 

ITEM 11.2    SF931                150617      Tender for the supply and delivery of hardware

305/17 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council award the contract for Tender REGPRO 031718 for the supply and delivery of hardware to J Blackwood and Son Pty Ltd as a Panel Source supplier to Nambucca Shire Council for the period 1 July 2017 to 30 June 2019 without any provision to extend the contract period.

 

2        That Council acknowledge that hardware may be sourced locally providing the cost is equal to or better than the contract price within the tender.

 

3        That Council endorse the tender evaluation as provided in the confidential report for the supply and delivery of hardware as a panel source tender;  and,

 

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

 

For the motion:                         Councillors Hoban, Ainsworth, Finlayson, Reed, Jones, Wilson, Ballangarry, Jenvey and Smyth.

                                      (Total 9)

Against the motion:         Nil

 

 

 

 

ITEM 11.3    SF931                150617      Tender for the Supply and Deliver of Traffic and Safety Signage

306/17 RESOLVED:        (Finlayson/Ballangarry)

 

1        That Council award the contract for Tender REGPRO 041718 for the supply and delivery of traffic and safety signage to Barrier Signs Pty Ltd as a Panel Source supplier to Nambucca Shire Council for the period 1 July 2017 to 30 June 2019

 

2        That a provision be allowed for a 12 month extension based on satisfactory supplier performance, which may take this contract through to 30 June 2020.

 

3        That Council endorse the tender evaluation as provided in the confidential report for the supply and delivery of traffic and safety as a panel source tender;  and

 

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

 

For the motion:                         Councillors Hoban, Ainsworth, Finlayson, Reed, Jones, Wilson, Ballangarry, Jenvey and Smyth.

                                      (Total 9)

Against the motion:         Nil

 

 

 

     

As the matters listed in the confidential Business Paper were considered and resolved in open meeting, the Council did not go into closed meeting.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.40 pm. 

 

Confirmed on 29 June 2017 as a full and accurate record of the meeting and signed by the Mayor.

 

 

 

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)