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 (entered meeting at 5.50 pm)

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Lorraine Hemsworth (Minute Secretary)

 

 

APOLOGIES

 

Cr Martin Ballangarry OAM

 

 

 

PRAYER

 

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

 

 

DISCLOSURE OF INTEREST

 

Councillor Reed declared a pecuniary interest in Item 9.3 Concept Design to provide water and sewerage to the proposed new Macksville Hospital under the Local Government Act as Cr Reed is a member of the Midnorth Coast Health District. Cr Reed left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 31 August 2017

456/17 RESOLVED:        (Jenvey/Smyth)

 

That the minutes of the Ordinary Council Meeting of 31 August 2017 be confirmed.

 

 

 

 


 

NOTICE OF MOTION - CR Hoban

ITEM 5.1      SF2303              140917      Transfer of Rural Fire Service (RFS) Brigade Stations to the RFS or the Crown

457/17 RESOLVED:        (Hoban/Finlayson)

 

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

 

“That LGNSW initiate discussion with the State Government with a view to transferring without compensation ownership of and responsibility for Rural Fire Service Brigade Stations to either the Rural Fire Service or the Crown”.

 

 

 

 

NOTICE OF MOTION - CR Reed - LATE

ITEM 0.0      SF2303              140917      Notice of Motion - Macksville Aquatic Centre

458/17 RESOLVED:        (Reed/Ainsworth)

 

That Council agree to take advantage of the consultant's visit to Macksville tomorrow (15/09/2017) to have them inspect the Macksville Aquatic Centre in order to develop a concept plan for the enhancement of the area and that such enhancements include consideration to heating the swimming pool, grandstand seating, storage, a development room and any other options which may assist in supporting economic benefits.

 

 

 

  

PUBLIC FORUM AND DELEGATIONS

RECOMMENDATION

 

That the following delegations be heard:

 

i         Roger Fry - on behalf of Westpac Life Saver Rescue Helicopter - Development of Regional Advisory Committee

 

ii        Michael Ettelson on behalf of Nambucca Business Advisory Committee Presentation on River Street concept and Chambers of Commerce

 

iii       Paul Shoker - on behalf of AUSVEG of ITEM 9.5 - Conflict Arising from Horticulture within the Nambucca Shire - Against the LEP being changed

 

iv       Stephen McEvoy on behalf of Arakoon Homes (Builders) Pty Ltd - ITEM 9.11 Review of Section 64 and 94 Developer Contributions

 

 

 


 

PUBLIC FORUM

 

i         Roger Fry - on behalf of Westpac Life Saver Rescue Helicopter - Development of Regional Advisory Committee

 

          Presentation and paper provided to Council on operations of the Westpac Life Saver Rescue Helicopter Service.

 

ii        Michael Ettelson on behalf of Nambucca Business Advisory Committee Presentation on River Street concept.

 

 

 

 

ACKNOWLEDGEMENT OF 30 YEARS OF SERVICE – COUNCILLOR AND DEPUTY MAYOR JOHN AINSWORTH

 

It was noted that Cr John Ainsworth has serviced as a Councillor for thirty (30) continuous years contesting eight (8) successive elections.

 

 

 

 

 

                   SF2381        140917         Bring Forward Conflict Arising from Horticulture within the Nambucca Shire

 

459/17 Resolved:        (Jones/Ainsworth)

 

That Item 9.5 - Conflict Arising from Horticulture within the Nambucca Shire be brought forward.

 

 

 

 

 

ITEM 9.5      SF2381              140917      Conflict Arising from Horticulture within the Nambucca Shire

460/17 RESOLVED:        (Ainsworth/Jones)

 

That the item be deferred and referred to the Office of Local Government and or the Minister seeking clarification as to whether the number of Councillors involved in horticulture means that Council is unable to determine the matter for want of a quorum and what action the Office of Local Government or the Minster recommends that Council takes.

 

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

                                       (Total 8)

 

Against the motion:         Nil

                                       (Total 0)

 

 

 


 

 

DELEGATIONS

ITEM 9.5 Conflict Arising from Horticulture within the Nambucca Shire Paul Shoker - on behalf of AUSVEG - Against the LEP being changed did not address Council as resolution was deferred.

 

 

DELEGATIONS

ITEM 9.11 Review of Section 64 and 94 Developer Contributions with prepared notes being placed on file DA2016/010 (35226/2017).  Stephen McEvoy on behalf of Arakoon Homes (Builders) Pty Ltd.

 

 

General Manager Report - LATE

 

ITEM 9.11    DA2016/010        140917      Review of Section 64 and 94 Developer Contributions - Late Report Responding to Further Submissions

461/17 RESOLVED:        (Smyth/Jenvey)

 

1        That Mr McEvoy be provided with an opportunity to provide whatever information he may possess to support the substantial commencement of the 2005 and 2006 consents applying to his land, following which the Council obtain legal advice as to whether or not the development consents issued in 2005 and 2006 for the subdivision of Mr McEvoy’s land have lapsed for want of substantial commencement.

 

2        Following the receipt of legal advice that the matter be reported back to Council.

 

3        That in reviewing the Section 64 developer contributions as part of the Integrated Water Cycle Management Strategy and related financial plans, consideration be given to abandoning the “grandfathering” arrangement for consents pre 2012 if a reasonable reduction in contributions can be achieved.

 

 

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                140917      Outstanding Actions and Reports

462/17 RESOLVED:        (Reed/Smyth)

 

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

 

 

 

 

 

ITEM 9.2      SF2195              140917      2016 World Rally Road Damage

463/17 Resolved:        (Reed/Smyth)

 

1        Council note the advice of Rally Australia that it is too late to make changes to the 2017 World Rally which will include the Nambucca Stage.

 

2        Council advise Rally Australia that it will not support future World Rally events (post 2017) being held in the Nambucca Valley unless the balance of Council’s “out of pocket” expenses for the 2016 Rally being $58,905 is paid, plus any costs incurred as a consequence of damage caused by the 2017 World Rally event.

 

3        Council advise Destination NSW that the World Rally event brings very little promotion or economic benefit to the Nambucca Shire which is a small rural local government area and that residents have experienced traumatic incidents as a result of the rally in the past and therefore request that before further funding is committed to this event, that steps are taken to ensure that, should the World Rally wish to use roads in the Nambucca Local Government Area consideration is given to the cost burden on ratepayers and mitigating the impact on residents and their animals along the route(s) and that the cost of any damage incurred to roads be reimbursed in full by the World Rally.

 

4        Should Rally Australia pay their outstanding debt to Council, that a legal agreement be drafted between Nambucca Shire Council and World Rally Australia for events held after 2017.

 

 

 

 

Cr Reed left the meeting for Item 9.3 at 7.05 pm and returned after the conclusion of Item 9.3 at 7.06 pm.

 

ITEM 9.3      SF988                140917      Concept Design to Provide Water and Sewerage Services to the Proposed New Macksville Hospital

464/17 RESOLVED:        (Ainsworth/Finlayson)

 

The General Manager be provided with delegated authority to engage a suitable consultant to prepare a concept design and cost estimate for the provision of water and sewerage services to the site of the proposed new Macksville hospital.

 

 

 

 

 

ITEM 9.4      SF2395              140917      Regional Cultural Fund - Expressions of Interest for Extension of the Nambucca Heads Library and Improved Sound and Lighting for the Bowraville Theatre

465/17 RESOLVED:        (Jenvey/Smyth)

 

1        That Council note the expressions of interest for an extension of the Nambucca Heads library and improved sound and lighting for the Bowraville Theatre which have been lodged under the Regional Cultural Fund.

 

2        That Council thank Teresa Boorer, Grants Officer for lodging the Expression of Interest in such a short time frame.

 

 

 

 

Item 9.5 was dealt with earlier in the meeting

 

 

 

ITEM 9.6      DA2016/010        140917      Review of Section 64 Developer Contributions

466/17 RESOLVED:        (Wilson/Ainsworth)

 

That Council note the review of Section 64 Developer Contributions.

 

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

                                       (Total 8)

 

Against the motion:         Nil

                                       (Total 0)

 

 

 

 

 

ITEM 9.7      SF2293              140917      Development Applications greater than 12 months or where submissions received -  to 6 September 2017

467/17 RESOLVED:        (Finlayson/Reed)

That the information be noted by Council and that DA2017/179 be determined by Council and that a site inspection take place.

 

 

 

 


 

 

ITEM 9.8      DA2017/178        140917      Development Application 2017/178 - Secondary Dwelling, Lot 9 DP 8420, 27 West Street, Macksville

468/17 RESOLVED:        (Reed/Ainsworth)

 

That Council grant development consent to the proposal in accordance with the development assessment report and recommended conditions of development consent in attachment 2 to this report.

 

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

                                       (Total 8)

 

Against the motion:         Nil

                                       (Total 0)

 

 

 

 

 

ITEM 9.9      SF2293              140917      2017 August - Development and Complying Development Applications Received

469/17 RESOLVED:        (Ainsworth/Finlayson)

 

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

 

 

 

 

 

ITEM 9.10    SF2293              140917      2017 August - Approved Construction and Complying Development Certificates

470/17 RESOLVED:        (Wilson/Ainsworth)

 

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

 

 

 

 

Item 9.11 dealt with earlier in the meeting.

 

 

 


 

Assistant General Manager Corporate Services Report

ITEM 10.1    SF544                140917      Draft Section 94A Developer Contributions Plan for Approval

471/17 RESOLVED:        (Ainsworth/Reed)

 

That Council adopt the Draft s.94A Development Contributions Plan (Our Ref: TRIM 17267/2016).

 

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

                                       (Total 8)

 

Against the motion:         Nil

                                      (Total 0)

 

 

 

 

 

ITEM 10.2    SF2391              140917      Adin Street Reserve Committee of Management - Inaugural Annual General Meeting - 23 August 2017

472/17 RESOLVED:        (Smyth/Jenvey)

 

That Council endorse the minutes of the Adin Street Reserve Committee of Management Inaugural Annual General Meeting held on 23 August 2017 and thank the Committee for volunteering to serve.

 

 

 

 

 

ITEM 10.3    SF251                140917      Schedule of Council Public Meetings 2017

473/17 RESOLVED:        (Wilson/Reed)

 

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

 

 

 

 

 

ITEM 10.4    SF321                140917      Missabotti Hall Committee of Management - Annual General Meeting - 29 July 2017

474/17 RESOLVED:        (Ainsworth/Finlayson)

 

That Council endorse the minutes of the Missabotti Hall Committee of Management Annual General Meeting held on 29 July 2017 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

    

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.23 pm.

 

Confirmed and signed by the Mayor on 28 September 2017.

 

 

 

 

 

 

Cr Rhonda Hoban

MAYOR

(CHAIRPERSON)