PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Susan Jenvey

Cr David Jones

Cr John Wilson

Cr Anne Smyth

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Lorraine Hemsworth (Minute Secretary)

 

 

APOLOGIES

 

Cr Janine Reed

 

 

 

PRAYER

 

Reverend Clyde Appleby, of the Macksville Anglican Church, offered a prayer on behalf of the Nambucca Minister's Association.

 

DISCLOSURE OF INTEREST

 

Councillor D Jones declared a non-pecuniary - less significant conflict of interest in Item 10.5 Regional Growth Fund - Stronger Country Communities Fund - Potential applications under the Local Government Act as Cr Jones is a Committee member of Coronation Park Committee of Management as the Public Officer of Nambucca Strikers and funding proposals included works at Coronation Park.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 13 July 2017

358/17 RESOLVED:        (Smyth/Jenvey)

 

That the minutes of the Ordinary Council Meeting of 13 July 2017 be confirmed.

 

 

NOTICE OF MOTION - CR Hoban

ITEM 5.1      SF2303              270717      Notice of Motion - Request for Leave - Cr Janine Reed

359/17 RESOLVED:        (Ainsworth/Wilson)

 

That Cr J Reed be granted leave for the 27 July 2017. 

 

   

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.

 

 

360/17 Resolved:        (Ainsworth/Jenvey )

 

That Item 9.13 - Review of Donations Policy and 10.5 - Regional Growth Fund – Stronger Country Communities Fund – Potential applications be brought forward as a staff member is present.

 

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 9.13    SF1031              270717      Review of Donations Policy

MOTION:      (Ainsworth/Wilson)          

 

That the reviewed Policy - “Donations Policy” be adopted by Council and Council’s current Policy titled “Donations Policy” be updated at that time, with consideration of the submissions received, but the donation cap included in the policy.

 

Amendment:       (Smyth/Jenvey)

 

That the reviewed Policy - “Donations Policy” be adopted by Council but be capped at $2,000 and Council’s current Policy titled “Donations Policy” be updated at that time, with consideration of the submissions received, but the donation cap included in the policy.

 

The amendment was Lost

 

Amendment:       (Hoban/Ainsworth)

 

That the reviewed Policy - “Donations Policy” be adopted by Council and be capped at $500 but noting that Council has a discretion in the Policy to approve a larger donation.

 

 

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

 

361/17 Resolved:        (Hoban/Ainsworth)

 

That the reviewed Policy - “Donations Policy” be adopted by Council and be capped at $500 but noting that Council has a discretion in the Policy to approve a larger donation.

 

 

 

 

 


 

Assistant General Manager Corporate Services Report - LATE

ITEM 10.5    SF2307              270717      Regional Growth Fund - Stronger Country Communities Fund - Potential applications

362/17 RESOLVED:        (Jones/Ainsworth) 

 

Council submit applications under the Stronger Country Communities Fund for the following projects:

 

(a)      Lighting for Coronation Park, Nambucca Heads, for both the Rugby League and Soccer fields at approximately $420,000 plus replacement of retaining wall at approximately $150,000 – up to $570,000;

 

(b)      Bowraville Connections – amenities upgrade, children’s playground and BBQ area at Hennessey Tape Oval – up to $500,000;

 

(c)      Macksville Fitness Precinct – lighting for the Rugby League field, major kitchen renovation for the clubhouse, and heating of the Macksville Pool – up to $400,000; and

 

(d)      Any other project/s deemed appropriate by the General Manager in discussion with the Mayor and Grants Officer.

 

 

363/17 RESOLVED:  (Hoban/Ainsworth)

 

That after submitting these projects Council give priority to having the other listed projects shovel ready in anticipation of further funding rounds.

 

 

 

 

 

General Manager Report

ITEM 9.1      SF959                270717      Outstanding Actions and Reports

364/17 RESOLVED:        (Ainsworth/Wilson)

 

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

 

 

 

 

 

ITEM 9.2      SF35                  270717      General Manager's Delegations of Authority

365/17 RESOLVED:        (Ainsworth/Wilson)

 

That Council provide additional delegations of authority to the General Manager as follows:

 

1        To impound animals and articles under the Impounding Act 1993;

2        To seize, sell, or destroy animals under the Companion Animals Act 1998.

 

 

 

 


 

 

ITEM 9.3      SF841                270717      Nambucca Heads to Urunga Pacific Highway Upgrade - Post-Construction Operational Noise Report

366/17 RESOLVED:        (Smyth/Ainsworth)

 

That Council make representations to the Member for Oxley and Minister for Roads, and Maritime and Freight supporting the residents’ concerns in relation to the post construction operational noise of the Pacific Highway between Nambucca Heads and Urunga and requesting additional noise attenuation to improve residential amenity.

 

 

 

 

 

ITEM 9.4      SF316                270717      Macksville Gift - Sponsorship Request

367/17 RESOLVED:        (Wilson/Smyth)

 

That Council provide the 2017 Macksville Gift with sponsorship of $1,000.

 

 

 

 

 

ITEM 9.5      SF734                270717      Expression of Interest for Crown Land Negotiation Program

MOTION:      (Ainsworth/Finlayson)     

 

That Council submit an expression of interest to participate in the Crown land negotiation program.

 

Amendment:       (Jenvey/Jones)

 

1        That Council submit an expression of interest to participate in the Crown land negotiation program.

 

2        That Council continue to work with the Local Aboriginal Land Councils to submit a joint expression of interest before the closing date.

 

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

 

368/17 Resolved:        (Jenvey/Jones)

 

1        That Council submit an expression of interest to participate in the Crown land negotiation program.

 

2        That Council continue to work with the Local Aboriginal Land Councils to submit a joint expression of interest before the closing date.

 

 

 

 


 

 

ITEM 9.6      SF2381              270717      Conflict Arising from Horticulture Development in the Nambucca Shire

MOTION:      (Smyth/Jenvey)

 

1        Pursuant to the section 55 of the Environmental Planning and Assessment Act 1979, Council staff prepare a planning proposal to support an amendment to the Nambucca Local Environmental Plan 2010 which:

 

·       Removes ‘horticulture’ from ‘permitted without consent’ in the land use table for the R5 Large Lot Residential, RU1 Primary Production, and RU2 Rural Landscape zones and relocate it to ‘permitted with consent’.

 

·       Make ‘horticulture’ exempt development in Schedule 2 of the Nambucca Local Environmental Plan 2010 by inserting a clause which permits certain horticultural activities to be undertaken in rural zones without development consent if they meet specified criteria designed to mitigate potential conflicts with existing land uses.

 

2        Prior to Council staff forwarding the planning proposal to the Minister for gateway determination in accordance with section 56 of the Environmental Planning and Assessment Act 1979, the planning proposal must be reported back to Council for consideration of the exempt provisions for horticulture proposed to be implemented into Schedule 2 of the Nambucca Local Environmental Plan 2010.

 

 

Amendment:       (Ainsworth/Finlayson)

 

That the matter be deferred so that the heads of consideration for a Development Application can  be drafted for Council’s consideration being the information required to be lodged with a Development Application and the exemption criteria whereby an application would not have to be lodged.

 

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

 

369/17 Resolved:        (Ainsworth/Finlayson)

 

That the item be deferred so that the heads of consideration for a Development Application can be drafted for Council’s consideration being the information required to be lodged with a Development Application and the exemption criteria whereby an application would not have to be lodged.

 

 

 

 

ITEM 9.7      DA2017/028        270717      Developer Servicing Charges for Existing Residential Lots Which Have Been Levied a Single Water & Sewerage Access Charge as Part of an Existing Holding

370/17 RESOLVED:        (Wilson/Ballangarry)

 

That Council staff incorporate the following advice in all section 149 planning certificates:

·    Developer contributions may be payable for future development on the land in accordance with the above mentioned section 94 Contribution Plans as well as Councils Development Servicing Plans for Sewerage and Water Supply. You are advised to contact Council’s Development and Environment Section to confirm if developer contributions will be payable as part of any future development on the land.

 

 

 

 

ITEM 9.8      SF2293              270717      Development Applications greater than 12 months or where submissions received -  to 5 July 2017

371/17 RESOLVED:        (Ainsworth/Ballangarry)

 

That the information be noted by Council.

 

 

 

 

 

ITEM 9.9      PRF79                270717      Proposed Section 355 Committee of Management for Public Land in Adin Street Scotts Head - further information regarding nominations

372/17 RESOLVED:        (Finlayson/Ainsworth)

 

1        That Council endorse the formation of a Committee of Management under Section 355 of the Local Government Act, known as the Adin Street Reserve Committee of Management, with the purpose of care, control and management of land known as the Village Green and Adin Street Reserve Scotts Head, to create a vibrant social space for residents and visitors.

 

2        That draft delegation be endorsed.

 

3        That Council endorse the following membership of the Adin Street Reserve Committee of Management being: Mr Jasper Young, Ms Moira Ryan, Mr Chris Mattick, Ms Kelly Pacey, Mr Bernie Ashcroft, Ms Lorien Brien, Mr James Ledger, Ms Judy Browne, Ms Janet Court, Mr Russell Simmons, Mr Paul Foley, Mr Tom Rice and Ms Annette Balfour.

 

4        That the Committee be provided with a copy of the document Section 355 Committees - Guidelines to Operations and Delegations of Authority, and be requested to advise Council of its office bearers when elected.

 

 

 

 

 

ITEM 9.10    SF2251              270717      Tourism Update - Visitor Information Centre

373/17 RESOLVED:        (Finlayson/Ballangarry)

 

That Council note that a lease with Lifetime Connect Incorporated has been negotiated and established for 57 Riverside Drive, Nambucca Heads (Visitor Information Centre) commencing 1 July 2017; and that the process of applying for Accreditation has commenced.

 

 

ITEM 9.11    SF296                270717      New Tourist Drive 15 and Changes for Tourist Drive 14

374/17 RESOLVED:        (Ainsworth/Wilson)

 

That Council accept the approved extension to Tourist Drive 14 by the Tourist Attraction Signposting Assessment Committee (TASAC), and the new Tourist Drive 15 approval (with its conditions) to follow Giinagay Way from Bald Hill Road through Macksville and Nambucca Heads, joining the motorway at Boggy Creek.

 

 

 

 

ITEM 9.12    SF1420              270717      Notification of Community Service exemptions from Waste Levy

375/17 RESOLVED:        (Ainsworth/Finlayson)

 

That Council receive and note the information.

 

 

 

 

Item 9.13 was dealt with earlier.

 

 

 

ITEM 9.14    SF2223              270717      Changes to the Organisation Structure

376/17 RESOLVED:        (Finlayson/Ainsworth)

 

That Council note the following changes to the organisation structure:

 

Deletion: Shared Ranger EFT 0.50

Addition: Pound Attendant EFT 0.36

Addition: Compliance Officer EFT 0.6

Amendment to position title: from Ranger Coordinator to Ranger

 

 

 

 

 

ITEM 9.15    SF1481              270717      White Albatross - Lease of Encroached Land

377/17 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council as Reserve Trust Manager approve a 10 year licence agreement for the encroachments, advertising signage and pontoon located on Reserve 81153.

 

2        Council’s common seal be applied to the agreements as required.

 

 

 

 

 


 

General Manager Report - LATE

ITEM 9.16    SF2307              270717      Regional Cultural Fund

378/17 RESOLVED:        (Ainsworth/Finlayson)

 

1        The Library Service Strategic Plan Committee in association with Council’s Manager Community Development, library staff and Mr Allan Rudge be requested to develop general floor space     requirements pertaining to an extension of the existing Nambucca Heads library building being the additional required floor space for the library collection, children’s area, “back of house”, computers, a meeting room facility as well as any other requirements by 24 August 2017.

 

2        Council engage Mr Allan Rudge to develop a concept plan for an extension of the Nambucca Heads library building in association with the Library Service Strategic Plan Committee and the library staff with the intent of having a concept plan with indicative budget available for lodgement with the expression of interest on or before 4 September 2017.

 

3        There be a further report to Council’s meeting on 31 August 2017 in relation to the concept plan for the extension of the Nambucca Heads Library prior to the lodgement of the expression of interest.

 

4        Council advise the Nambucca Heads, Unkya and Bowraville Local Aboriginal Land Councils of the opportunity for a keeping place for the Southern Gumbaynggirr peoples on land adjoining the Macksville library and further that Council would be open to discuss the ownership and the custodial arrangements for any building and collection with the opportunity to minimise operating costs by incorporating aspects of its operation into the Council’s library operations.  Further that a response be sought by 24 August if the Council is to lodge an expression of interest by 4 September 2017.

 

5        That the Nambucca Valley Arts Council; the Bowraville Arts Council Inc. and Council’s Business Advisory Committee be advised of the funding available under the Regional Cultural Fund and they be requested to put forward any initiatives by 24 August 2017.

 

 

 

 

Assistant General Manager Corporate Services Report

ITEM 10.1    SF2228              270717      Related Party Disclosures

379/17 RESOLVED:        (Finlayson/Ainsworth)

 

That Council place the draft Related Party Disclosures Policy on exhibition for 28 days.

 

 

 

 


 

 

ITEM 10.2    SF2230              270717      Investment Report to 30 June 2017

380/17 RESOLVED:        (Ainsworth/Wilson)

 

That the Accountants’ Report on Investments placed to 30 June 2017 be noted.

 

 

 

 

 

ITEM 10.3    SF251                270717      Schedule of Council Public Meetings 2017

381/17 RESOLVED:        (Wilson/Ainsworth)

 

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

 

 

 

 

 

ITEM 10.4    SF341                270717      Valla Beach Community Association Committee of Management - Annual General Meeting - 17 July 2017

382/17 RESOLVED:        (Ainsworth/Finlayson)

 

That Council endorse the minutes of the Valla Beach Community Association Committee of Management Annual General Meeting held on 17 July 2017 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

 

Item 10.5 Late report was dealt with earlier in the meeting.

 

 

 

Assistant General Manager Engineering Services Report

ITEM 11.1    SF621                270717      Notice of Aboriginal Land Claim 44219 and 44220 at Valla

383/17 RESOLVED:        (Ainsworth/Wilson)

 

That Council note the advice received from the Aboriginal Land Claim Investigation Unit regarding the land claim over Lot 1 DP 1183296, Lot 7014 DP 1054113 and Lot 2 DP 1182476, Valla.

 

 

 

     


 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

384/17 RESOLVED:        (Ainsworth/Wilson)

 

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    SF1134              270717      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.

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF600                270717      Expression of Interest to Purchase Council's Valla Land - Lot 2 DP 1173066 - 6857 Pacific Highway, Valla

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.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.14 pm.

 

RESUME IN OPEN MEETING

385/17 RESOLVED:        (Ainsworth/Wilson)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at  7.17 pm.

 

 


 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF1134              270717      Economic Development/Tourism Inquiry

386/17 RESOLVED:        (Ainsworth/Finlayson)

 

That Council note the advice that the economic development inquiry which was received in late 2016 will not be proceeding to construction.

 

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF600                270717      Expression of Interest to Purchase Council's Valla Land - Lot 2 DP 1173066 - 6857 Pacific Highway, Valla

387/17 RESOLVED:        (Finlayson/Wilson)

 

That the report on Expression of Interest to Purchase Council's Valla Land - Lot 2 DP 1173066 - 6857 Pacific Highway, Valla be deferred until next meeting, 17 August 2017.

 

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.17 pm. 

 

Confirmed and signed by the Mayor on 17 August 2017.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)