PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

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 D Jones declared a pecuniary interest in Item 5.6 Notice of Motion – Rainbow Crossing, Mann Street, Nambucca Heads under the Local Government Act as Cr Jones owns land adjacent. Cr Jones left the meeting for this item.

 

Councillor A Smyth declared a non-pecuniary - less significant conflict of interest in Item 9.1 Outstanding Actions and Reports under the Local Government Act as Cr Smyth is a member of Gordon Park Rainforest Committee of Management which relates to the revision of the Plan of Management for the Rainforest.

 

Councillor R Hoban declared a pecuniary interest in Item 9.3 Councillor Expenses and Facilities Policy - Better Practice Template under the Local Government Act as the report refers to facilities that only benefit the Mayor financially. Cr Hoban left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 17 August 2017

425/17RESOLVED:         (Wilson/Reed)

 

That the minutes of the Ordinary Council Meeting of 17 August 2017 be confirmed.

 

 

 


 

 

NOTICE OF MOTION - CR Hoban

ITEM 5.1      SF2303              310817      Notice of Motion - Request for Leave - Cr Rhonda Hoban

426/17 RESOLVED:        (Ainsworth/Wilson)

 

That Cr Hoban be granted leave from 15 to 22 September 2017 inclusive. 

 

 

 

 

NOTICE OF MOTION - CR Hoban

ITEM 5.2      SF2303              310817      Notice of Motion - Asbestos Disposal

427/17 RESOLVED:        (Reed/Ainsworth)

 

That Council submit the following motion to LGNSW for inclusion in the LGNSW Annual Conference 2017 Business Paper:

 

“That in order to reduce the illegal dumping of asbestos, LGNSW lobby the NSW Government to exempt asbestos from the waste levy on the proviso that Councils provide an additional and equal subsidy on their normal asbestos disposal fee thus reducing the overall fee by double the amount of the applicable levy.”

 

 

 

 

NOTICE OF MOTION - CR Hoban

ITEM 5.3      SF2303              310817      Notice of Motion - Flying Fox Dispersal

428/17 RESOLVED:        (Ainsworth/Finlayson)

 

That council submit the following motion to LGNSW for inclusion in the LGNSW Annual Conference 2017 Business Paper:

 

“That LGNSW lobby the State and Federal governments to make legislative provision to allow Councils in consultation with the OEH to take immediate action to move flying foxes on before a colony is formed where their activity is noted within five hundred metres of residences, schools and public facilities.”

 

 

 

 


 

NOTICE OF MOTION - CR Hoban

ITEM 5.4      SF2303              310817      Notice of Motion - Special Crossings - Request for Review of the Roads Act 1993

429/17 RESOLVED:        (Wilson/Jenvey)

 

That Council submit the following motion to LGNSW for inclusion on the LGNSW Annual Conference 2017 Business Paper:

 

“That LGNSW lobby the Minister for Roads to review the Roads Act 1993 to provide clarification of the responsibility for constructing and maintaining special crossings”.

 

 

 

 

NOTICE OF MOTION - CR Hoban

ITEM 5.5      SF2303              310817      Notice of Motion - Request to rename Section of Pacific Highway at Warrell Creek

Lost Motion:      (Reed/Ainsworth)

 

That Council staff investigate the possibility of dual naming the most appropriate section of the old Pacific Highway, capturing affected Warrell Creek residents between Browns Crossing and Bald Hill, as “Warrell Creek Road’ or as an alternative ‘Warrell Way’.

 

 

 

 

DELEGATIONS

RECOMMENDATION

 

That the following delegations be heard:

 

i)           Michelle Walker – Item 5.6  Rainbow Crossing, Mann Street, Nambucca Heads

ii)          Robyn Handcock – Item 5.6  Rainbow Crossing, Mann Street, Nambucca Heads

iii)         Chris Knight – representing the Nambucca Heads and Valla Chamber of Commerce – Item 5.6 Rainbow Crossing, Mann Street, Nambucca Heads

iv)        Stephen McEvoy – Item 5.7  Request for a Review of Section 64 Developer Contributions for Water and Sewerage Headworks

v)         Dianne Wall – Item 9.10  Regional Sports Infrastructure Fund  - Regarding grant application to heat the Macksville Swimming Pool

vi)        Paul Le Cerf – Item 9.10  Regional Sports Infrastructure Fund – Bowraville Connection Concept Plan

vii)       Jessica Waddell – Item 9.6  DA2015/043 Section 96 Modification and Footpath Dining at The Beach House Providore, Valla Beach

 

 

Cr Jones left the meeting for Item 5.6 at 5.41 pm and returned after the conclusion of Item 5.6 at 6.09 pm.

 


 

Delegations:

 

Item 5.6 – Rainbow Crossing, Mann Street, Nambucca Heads

 

i)           Michelle Walker addressed Council making the following points:

·                Diverse people created

·                Differences used to create groups

·                Flag created to create diversity

·                Saddened that group took rainbow and used to make a flag

·                Pedestrian crossing discussed with RMS and does not comply with Australian Standards

·                Area currently being utilised by community where diversity celebrated is at the V-Wall

 

ii)          Robyn Handcock addressed Council making the following points:

·                Safety issue for people with limited vision, ADAH, Dementia

·                Personal issues and forced upon public

·                Bible reference and breaking of God’s laws

 

iii)         Chris Knight - Nambucca Heads and Valla Chamber of Commerce addressed Council making the following points:

·                Idea of Rainbow Crossing was put to last meeting and adopted

·                All towns have been asked to identify selfie spots for tourism

·                After dealing with the RMS the Chamber could see that this idea is not practical

·                Discussed a Rainbow Walk – adjacent to ceramic structure near Police Station

·                Appropriate signage be placed by Council

·                Regional, State, National and International tourism coverage

·                Council not drawn into the current plebiscite

·                Inclusive and welcoming community

·                Hold off on walk

·                TAFE Indigenous students currently paint the power poles with indigenous designs

·                Perhaps if go ahead have TAFE students paint the walk

 

 

 

NOTICE OF MOTION - CR Jenvey

ITEM 5.6      SF2303              310817      Notice of Motion - Rainbow Crossing, Mann Street, Nambucca Heads

MOTION    (Jenvey/Smyth)

 

1        That a 'Rainbow Walk' be considered instead of the 'Rainbow Crossing' due to the safety concerns and traffic implications of the 'Rainbow Crossing' . That the Rainbow Walk run the length of the ceramic installation from the corner of Ridge and Bowra Streets, outside the Nambucca Heads Police Station. The walk would consist of a painted rainbow on the pavement curving with the shape of the corner. That the Nambucca Heads and Valla Chamber of Commerce pay for the paint and up-keep of the walk. That Council consider paying for signage that reads, "Rainbow Walk - selfie spot. Nambucca Heads celebrates diversity”.

 

2          That consideration of the Rainbow Walk be deferred until after the contentious Marriage Equality census has been determined by the Australian Government.

 

Amendment:       (Ainsworth/Reed)

 

That consideration of the Rainbow Walk be deferred until after the contentious Same Sex Marriage plebiscite has been determined by the Australian Government with information to be provided in relation to the legal ramifications and risk of painting the footpath and there be a further report to Council.

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

 

430/17 RESOLVED      (Ainsworth/Reed)

 

That consideration of the Rainbow Walk be deferred until after the contentious Same Sex Marriage plebiscite has been determined by the Australian Government with information to be provided in relation to the legal ramifications and risk of painting the footpath and there be a further report to Council.

 

 

 

 

Delegations continued:

 

Item 5.7 - Request for a Review of Section 64 Developer Contributions for Water and Sewerage Headworks

iv)      Stephen McEvoy addressed Council making the following points:

·                Public see Developers as making a profit and then leave community

·                Not the case for him and his brother

·                Economic loss to Macksville with highway relocation

·                Catalyst to community to commute to larger centre

·                Want to make land and house packages attractive and affordable to young families

·                Double of developer charges in last couple of years from the Nambucca Shire

·                Kempsey Shire have waived similar fees

·                45 lots at Upper Warrell Creek Road ready to go and now fees double in Nambucca Shire

·                $123,000 per lot sale price

·                Similar costs to Coffs Harbour but selling prices lower in Nambucca Shire

·                Not seeking moratorium as Kempsey just a 5 years Grandfather clause

·                Other developers have not contributed to highway upgrade

 

 

 

NOTICE OF MOTION - CR Hoban - LATE

ITEM 5.7      SF446                310817      Notice of Motion - Request for a Review of Section 64 Developer Contributions for Water and Sewerage Headworks

431/17 RESOLVED:        (Finlayson/Ainsworth)

 

That Council receive a report on Mr McEvoy’s request for a review of the Section 64 (water and sewerage) developer contribution charges on his Macksville subdivision.

 

 

 

  


 

Delegations continued:

 

Item 9.10 - Regional Sports Infrastructure Fund

v)   Dianne Wall - Regarding grant application to heat the Macksville Swimming Pool with prepared notes being placed on file SF2307.

vi)      Paul Le Cerf – Bowraville Connection Concept Plan - addressed Council making the following points:

·         Lots of time and effort put into submission

·         Integrated plan to change area around Hennessy Tape oval and join ovals to town and to other groups

·         Increased tourism and jobs

·         Meets community needs and sports hub

·         Increase economic growth

·         Copy of plan to be provided to Council

·         Hennessy Tape will bring lots of sports into one area

·         Wonderful to see area being fully utilised

·         Active and passive recreation area

·         Close proximity to schools

·         Bowraville Recreation Club and Aboriginal Mission and supporters of the club and sporting codes

·         Great venue for Aboriginal community to celebrate life events

·         Club is run down facility

·         Changes have occurred over time and this is best proposal and best time for Bowraville to get some good news

·         Will be a benefit to the wider community

 

 

 

ITEM 9.10    SF2307              310817      Regional Sports Infrastructure Fund

432/17 RESOLVED:        (Finlayson/Ainsworth)

 

A       That Council endorse the following projects and order of priority for funding under the Regional Sports Infrastructure Fund:

 

1        Major improvements to the Hennessey Tape oval sporting precinct in Bowraville, as a part of the Bowraville Connections concept plan;

 

2        Major drainage works and installation of lighting at E J Biffin Fields, Nambucca Heads;

 

3        An application to heat the outdoor pool at the Macksville Memorial Aquatic Centre, and other options for this facility; and

 

B       That Council staff contact the grant funding body to discuss the potential projects and determine the most suitable for the program, and submission of an Expression of Interest (EOI).

 

C       There be a further report to Council’s meeting on 28 September 2017 in relation to contact with the funding body and feedback on the projects eligible for lodgement of an Expression of Interest by Council.

 

 

 

 

 

 

 

 

Delegations continued:

 

Item 9.10

vii)     Jessica Waddell – Item 9.6  DA2015/043 Section 96 Modification and Footpath Dining at The Beach House Providore, Valla Beach

Jessica Waddell addressed Council and thanked Council for the recommendation for the extended operating hours for Summer and support for helping to provide tourism to the area.

 

 

ITEM 9.6      DA2015/043        310817      DA2015/043 Reviewable Condition, Section 96 Modification and Footpath Dining at The Beach House Providore, Valla Beach

433/17 RESOLVED:        (Ainsworth/Reed)

 

Council determines the Review of Condition 2 in Development Consent DA2015/043 by approving an extension of trading hours as follows:

 

·                Restricted hours of operation – Reviewable Condition

 

·                The hours of operation of the restaurant/cafe are restricted to the times in the following table:

 

Period 1 – Australian Eastern Standard Time

Start Time

Finish Time

Monday to Thursday

6:30am

6.00pm

Friday

6:30am

9:30pm

Saturday

6:30am

9:30pm

Sunday

7:00am

6pm

Period 2 Australian Eastern Daylight Time

Start Time

Finish Time

Monday to Thursday

6:30am

8:30pm

Friday

6:30am

9:30pm

Saturday

6:30am

9:30pm

Sunday

7:00am

8:30pm

 

The hours of operation include any deliveries and the operation of mechanical equipment which are audible from outside the subject land.

 

 

1   Council approve the Section 96 Application to modify Condition 1 of Development Consent DA2015/043 as per Attachment 4, and

 

2   Council grant a footpath dining licence subject to the conditions provided in Attachment 5.

 

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

                                      (Total 8)

Against the motion:         Nil

                                      (Total 0)

 

 

 


 

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                310817      Outstanding Actions and Reports

434/17 RESOLVED:        (Smyth/Wilson)

 

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

 

 

 

 

ITEM 9.2      SF621                310817      Aboriginal Land Claims 6596 and 44876 at Congarinni North

435/17 RESOLVED:        (Finlayson/Ainsworth)

 

A       That the Aboriginal Land Claim Investigation Unit be advised as follows:

 

          1        Council has no need or likely need to use the land for an essential public purpose.

          2        Council has no interest in the granting or refusal of these claims.

 

B       That Council seek a licence agreement from the adjoining owners to Lot 7302 DP 1146646 for their use of Crown land including Crown Reserve 755537 and that the General Manager be provided with delegated authority to enter into an appropriate licence agreement with Council’s seal to be affixed to licence documents as may be required.

 

 

 

Cr Hoban left the meeting for Item 9.3 at 7.06 pm and returned after the conclusion of Item 9.3 at 7.08 pm.

The Deputy Mayor Cr Ainsworth took the Chair for the duration of Item 9.3.

The Mayor resumed the Chair at 7.08 pm.

 

 

ITEM 9.3      SF42                  310817      Councillor Expenses and Facilities Policy - Better Practice Template

436/17 RESOLVED:        (Wilson/Finlayson)

 

Council adopt the draft Councillors Expenses and Facilities Policy, noting the addition of the requirement that Councillors, including the Mayor, should only obtain incidental private benefit from the provision of a motor vehicle for official use.

 

 

 

ITEM 9.4      SF1031              310817      Review of Payment of Developer Contributions Policy

437/17 RESOLVED:        (Finlayson/Reed)

 

1        That Council amend the Payment of Developer Contributions Policy as outlined within the draft policy contained in attachment 1 of the report.

 

2        That the Draft Payment of Developer Contributions Policy be placed on exhibition for the required period of time.

 

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

                                      (Total 8)

Against the motion:         Nil

                                      (Total 0)

 

 

 

 

 

ITEM 9.5      SF1406              310817      Nomination for Joint Regional Planning Panel (JRPP)

438/17 RESOLVED:        (Ainsworth/Finlayson)

 

That Council appoint Kempsey Shire Council’s Manager of Development Assessment Erin Fuller as Nambucca Shire Council’s member on the Northern Joint Regional Planning Panel.

 

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

                                      (Total 8)

Against the motion:         Nil

                                      (Total 0)

 

 

 

Item 9.6 was dealt with earlier in the meeting.

 

ITEM 9.7      DA2017/170        310817      DA2017/170 - Placement of shipping container

439/17 RESOLVED:        (Ainsworth/Finlayson)

 

That the Development Application DA2017/170 be determined by granting Development Consent subject to the recommended conditions within Attachment 1 at the end of this report plus the following condition:

 

External Colours

 

Within three months from the placement of the container on the subject land, the external colours of the container must be painted a muted, natural colour that will blend with, rather than stand out from, the surrounding landscape and existing built form to the satisfaction of Council.  The container must be maintained in a neat and tidy condition for the life of the development.

 

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

                                      (Total 8)

Against the motion:         Nil

                                      (Total 0)

 


 

 

ITEM 9.8      DA2017/161        310817      DA 2017/161 - Application for Men's Shed at Foxs Road, Nambucca Heads - progress report

440/17 RESOLVED:        (Wilson/Reed)

 

1        That Council note the information in the report.

 

2        That the applicant be advised to withdraw the development application until a Development Control Plan has been prepared for the land in accordance with the Nambucca Local Environmental Plan 2010.

 

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

                                      (Total 8)

Against the motion:         Nil

                                      (Total 0)

 

 

 

 

 

ITEM 9.9      SF2293              310817      Development Applications greater than 12 months or where submissions received - to 5 July 2017

441/17 RESOLVED:        (Ainsworth/Wilson)

That the information be noted by Council.

 

 

 

 

Item 9.10 was dealt with earlier in the meeting.

 

 

ITEM 9.11    SF1148              310817      Council Ranger's Report July 2017

442/17 RESOLVED:        (Ainsworth/Wilson)

 

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

 

 

 

 

 

ITEM 9.12    SF1398              310817      Community Development Activity Report 

443/17 RESOLVED:        (Wilson/Reed)

 

That the report on the Youth Development and Aboriginal Community Development projects for 2016/2017 be noted.

 

 

 

 

Assistant General Manager Corporate Services Report

ITEM 10.1    SF2228              310817      Related Party Disclosures

444/17 RESOLVED:        (Finlayson/Ainsworth)

 

That Council adopt the Related Party Disclosures Policy.

 

 

 

 

 

ITEM 10.2    SF2228              310817      Draft Financial Statements

445/17 RESOLVED:        (Wilson/Finlayson)

 

It is recommended that:

 

(i) Council's DRAFT Financial Statements are "referred to audit" in accordance with S413(1) LGA 1993

 

(ii)      Council resolve in accordance with Section 413 (2c) of the Act that the draft 2016-17 annual financial report is in accordance with;

 

   the Local Government Act 1993 (as amended) and the Regulations made there under,

   the Australian Accounting Standards and professional pronouncements, and

   the Local Government Code of Accounting Practice and Financial Reporting, and

   presents fairly the Council’s operating result and financial position for the year, and

  accords with Council’s accounting and other records,

   and that the Council is not aware of any matter that would render this report false or misleading in any way.

 

(iii)     Council adopt the Councillors/Management "Statement" and resolve that it be signed and attached to the Draft 2016-17 Accounts.

 

(iv)     Council delegate to the General Manager the authority to "finalise the date" at which the auditor’s report and financial statements are to be presented to the public.

 

 

 

 

 

ITEM 10.3    SF2226              310817      Amended Debt Recovery Policy

446/17 RESOLVED:        (Ainsworth/Reed)

 

1        That Council adopt the Draft Debt Recovery Policy.

 

2        That the Draft Debt Recovery Policy be displayed for public comment.

 

 

 

 

 

 

 

ITEM 10.4    SF251                310817      Schedule of Council Public Meetings 2017

447/17 RESOLVED:        (Wilson/Smyth)

 

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

 

 

 

 

 

ITEM 10.5    SF343                310817      Valla Public Hall Committee of Management - Annual General Meeting - 16 August 2017

448/17 RESOLVED:        (Reed/Finlayson)

 

That Council endorse the minutes of the Valla Public Hall Committee of Management Annual General Meeting held on 16 August 2017 and thank the outgoing Committee for their work in the past twelve months.

 

 

449/17 Resolved:        (Hoban/Jenvey)

 

That Council refund to the Valla Public Hall Committee of Management any Australasian Performing Right Association (APRA) Licence fees that they have paid since the date Council commenced paying APRA fees for its other halls.

 

 

 

 

Assistant General Manager Corporate Services Report - LATE

ITEM 10.6    SF2228              310817      Draft Financial Statements 2016/17 - Addendum

450/17 RESOLVED:        (Ainsworth/Reed)

 

Council note the Draft Primary Financial Statements and consider them in the context of the recommendation that they be referred to Audit.

 

 

 

 

 

ITEM 11.1    SF85                  310817      Minutes of the NSW Rural Fire Service Level Agreement Zone Liaison Committee meeting - 9 August 2017

451/17 Resolved:        (Ainsworth/Finlayson)

 

That Council receive, note the report for the NSW Rural Fire Service Level Agreement Zone Liaison Committee Meeting held on 9 August 2017.

 

 

 

 

 

ITEM 11.2    SF90                  310817      Nambucca Shire Traffic Committee Meeting Minutes - 8 August 2017

452/17 RESOLVED:        (Smyth/Finlayson)

 

1        That Council approve a request from the Macksville Cycle Club to conduct the Brian Cockbain Ride Around the River 2017, noting the following has been received:

 

·    Certificate of Currency for Public Liability Insurance

·    Traffic Management Plan confirming Accredited Traffic Controllers will be on site.

 

2        That Council endorse temporary road closures for the Brian Cockbain Ride Around the River to be held between 8.15 am and 9.30 am on Sunday 17 September in Macksville as follows:

 

·    River Street (East) - Pacific Highway to Willis Street;

·    Princess Street – Winifred Street to River Street;

·    Wallace Lane;

·    Pacific Highway, Wallace Street and Princess Street, from Ferry Street to Mackay Street for 10 minutes between 9.00 am and 9.15am; and

·   Subject to organisers gaining a Road Occupancy Licence and approval for the road closures from the Police and Roads and Maritime Services.

 

3        That Council note that the Nambucca Shire Traffic Committee received a presentation regarding resourcing and traffic management planning for the Queen Baton Relay to be held in February 2018.

 

 

 

 

 

ITEM 11.3    SF249                310817      Sewer relining works - Macksville and Valla Beach

453/17 RESOLVED:        (Ainsworth/Finlayson)

 

That Council accept the quote from ITS Pipetech for the sewer relining works in Macksville and Valla Beach on the basis of them being a “pre-approved provider” with a proven capability of completing this type of work to a high standard.

 

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

                                      (Total 8)

Against the motion:         Nil

                                      (Total 0)

 

 

 

 


 

 

ITEM 11.4    SF453                310817      Waste Management Quarterly Report April - June 2017

454/17 RESOLVED:        (Wilson/Finlayson)

 

1        That Council receive and note the information provided in the Waste Management Quarterly Report for the period 1 April – 30 June 2017.

 

2        That Council approve the collection and disposal of waste materials collected from the East Coast Clean Up Tour 2017 on 14 November 2017 at the beach area, foreshore and carpark at the intersection of Buchanan Street and Gregory Street Valla Beach.

 

 

 

    

Assistant General Manager Engineering Services Report - LATE

 

ITEM 11.5    SF1676              310817      Capital Works Report as at 30 June 2017

455/17  RESOLVED:                 (Finlayson/Ainsworth)

 

1        That the Capital Works Report for the fourth quarter of the 2016/17 financial year ending 30 June 2017 and expenditure YTD week ending 14 July 2017 be received and noted.

 

2        That the minor modifications and answers pertaining to the Capital Works Report as requested by the Mayor be received and noted.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 8.11 pm.

 

Confirmed and signed by the Mayor on 14 September 2017.

 

 

Cr Rhonda Hoban

MAYOR

(CHAIRPERSON)