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)

Clint Fitzsummons (Acting AGM Engineering Services)

Lorraine Hemsworth (Minute Secretary)

Heather Leclercq (Minute Secretary)

 

 

 

APOLOGY

 

Paul Gallagher (AGM Engineering Services)

 

 

 

PRAYER

 

Father Shelwin Fernandez (Catholic Church), offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Mr Michael Coulter, General Manager declared a non-pecuniary significant conflict of interest in Item 10.14 DA’s Greater than 12 months or where submissions have been received under the Local Government Act as a neighbour and objector to DA2017/272 is a member of his voluntary Surf Life Saving Patrol at the Macksville-Scotts Head Surf Lifesaving Club.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 8 February 2018

49/18 RESOLVED: (Wilson/Ballangarry)

 

That the minutes of the Ordinary Council Meeting of 8 February 2018 be confirmed.

 

 

 

 


 

NOTICE OF MOTION - CR Jones

ITEM 5.1      SF2433              220218      NOTICE OF MOTION - Tip Vouchers for rubbish collecting volunteers with the community

50/18 RESOLVED: (Jones/Jenvey)

 

That the volunteer rubbish collectors be able to contact Council’s day staff to arrange nominated pick up points.

 

 

 

 

Notices of Rescission

ITEM 6.1      SF794                220218      NOTICE OF RESCISSION - ITEM 9.3 SF1398 080218 Community Development at Nambucca Shire Council and Impact of Reform of Department of Family and Community Services Funding

Motion:      (Smyth/Jenvey)

 

1        That the resolution passed by Council on 8 February 2018 in relation to Item 9.3 – SF1398 080218 COMMUNITY DEVELOPMENT AT NAMBUCCA SHIRE COUNCIL AND IMPACT OF REFORM OF DEPARTMENT OF FAMILY AND COMMUNITY SERVICES FUNDING – be rescinded.

 

2        That Council note and endorse the assessment of capacity to deliver services under the Targeted Earlier Intervention program which is reforming Department of Family and Community Services funding.

 

3        That Council negotiate service delivery with the Department of Family and Community Services under the new Targeted Earlier Intervention funding; Council advise the Department that the preferred realm within which Council is best placed to deliver services is the Community Strengthening stream with Service Options 1, 2 or 3.

 

4        That Council receives a further report on negotiations under the Transition Phase.

 

51/18 Resolved: (Smyth/Jenvey)

 

That a division be called.

 

For the motion:               Crs Ballangarry, Jenvey, Jones, Smyth

                                      (Total 4)

 

Against the motion:         Councillors Hoban, Ainsworth, Finlayson, Reed, Wilson

                                      (Total 5)

 

The Rescission Motion was LOST.

The Mayor requested it be recorded that she did not support diverting funding from indigenous or community organisations to employ Council staff.

 

 

 

   


 

52/18 Resolved: (Reed/Ainsworth)

 

That Item 10.4 Proposed Sites for Reverse Vending Machines to Claim Container Deposits be brought forward.

 

 

 

Mr Jeremy Melder addressed Council on the proposed Reverse Vending Machines to claim container deposits.

 

 

ITEM 10.4    SF2449              220218      Proposed Sites for Reverse Vending Machines to Claim Container Deposits

53/18 RESOLVED: (Reed/Ainsworth)

 

That the Mayor, General Manager and Civic Services Coordinator be provided with delegated authority to enter into an agreement with the network operator for the Return and Earn Scheme, Tomra Cleanaway Pty Ltd, for the placement of container deposit reverse vending machines in Nambucca Heads and Macksville.

 

 

 

54/18 Resolved: (Jenvey/Ainsworth)

 

That Item 10.15 Minutes of the Clean Energy Committee Held 7 February 2018 be brought forward.

 

 

 

 

ITEM 10.15   SF2278              220218      Minutes of the Clean Energy Committee Held 7 February 2018

Motion:      (Smyth/Jenvey)

 

1        That Council endorse the minutes of the 7 February 2018 Clean Energy Committee meeting.

 

2        That Council staff investigate if any Council owned land is suitable for a mid-scale solar PV installation.

 

3        That funds from the Environmental Levy be allocated in 2018-2019 to fund developing a Renewable Energy and Carbon Emissions Reduction Plan.

 

4        That Council install solar PV panels at either:

 

a)       the River Street Treatment Works, STW Tertiary Transfer Pump, River Street, Nambucca Emergency Management Centre and the Works Depot; or

b)       the Bowraville Dam and Macksville Library with specifications as per Page 14 of the Julien Freed Consulting Report

 

5        That Council develop a plan to implement solar PV panel installation on Council’s assets

 

6        That Council’s five key actions under the Cities Power Partnership be as follows:

 

a)       Install renewable energy (solar PV and battery storage) on council buildings, for example libraries, street lighting, recreation centres, sporting grounds, and council offices. Set targets to increase the level of renewable power for council operations over time.

b)       Open up unused council managed land for renewable energy, for example landfills, and road reserves.

c)       Roll out energy efficient lighting (particularly street lighting) across the municipality.

d)       Provide fast-charging infrastructure throughout the area at key locations for electric vehicles.

e)       Implement an education and behaviour change program to influence the behaviour of Council officers, local residents and businesses within the municipality to drive the shift to renewable energy, energy efficiency and sustainable transport.

 

 

Amendment:       (Ainsworth/Reed)

 

1        That Council note the minutes of the Clean Energy Committee on 7 February 2018 meeting.

2        The Clean Energy Committee come back to Council with a draft budget as to the costs of the major proposals in their plan and Council staff have input into the feasibility of placing these devices prior to implementing the recommendations.

 

Amendment is carried and became the MOTION.

 

55/18 Resolved: (Ainsworth/Reed)

 

1        That Council note the minutes of the Clean Energy Committee on 7 February 2018 meeting.

2        The Clean Energy Committee come back to Council with a draft budget as to the costs of the major proposals in their plan and Council staff have input into the feasibility of placing these devices prior to implementing the recommendations.

 

 

 

 

56/18 Resolved: (Wilson/Ainsworth)

 

Item 10.14 Development Applications greater than 12 months or where submissions received -  to 14 February 2018 be brought forward.

 

 

 

Mr Michael Coulter left the meeting before the commencement of this item, the time being 6:51 PM.

 

ITEM 10.14   SF2423              220218      Development Applications greater than 12 months or where submissions received -  to 14 February 2018

57/18 RESOLVED:          (Wilson/Ainsworth)

That the information contained in the report on Development Applications greater than 12 months or where submissions have been received as at 10 January 2018 be noted by Council.

 

 

 

 

Mr Michael Coulter returned to the meeting at the completion of this item, the time being 6:53 PM.

 

 

Councillor Rhonda Hoban left the meeting due to illness before the commencement of this item, the time being 6:54 PM and the Deputy Mayor, Councillor Ballangarry OAM became Chairperson.

 

 

 

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 10.1    SF959                220218      Outstanding Actions and Reports

58/18 RESOLVED: (Jones/Wilson)

 

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

 

 

 

 

ITEM 10.2    SF66                  220218      Council Reporting on Service Delivery - Auditor General's Performance Audit of NSW Councils

59/18 RESOLVED: (Reed/Finlayson)

 

That the information concerning the NSW Auditor-General’s report on Council Reporting on Service Delivery be received.

 

 

 

 

ITEM 10.3    SF775                220218      Arts Mid North Coast Annual Subscription

MOTION:      (Jenvey/Smyth)

 

That Council make provision in its 2018/2019 operational plan for a subscription to Arts Mid North Coast Inc. of $7,190 plus GST.

 

 

Amendment:       (Ainsworth/Finlayson)

 

That the amount of funds forwarded to Arts Mid North Coast Inc be the same as last year plus rate pegging.

 

The amendment was Lost.

 

Amendment:       (Reed/Ainsworth)

 

That Council advise Arts Mid North Coast Inc that Council will restrict the increases of annual subscriptions to rate pegging for that year and that staff report back to Council on other areas where similar action may be taken.

 

The amendment was Lost as the Deputy Mayor did not use his casting vote and reverted back to the original motion.

 

60/18 Resolved: (Jenvey/Smyth)

 

That Council make provision in its 2018/2019 operational plan for a subscription to Arts Mid North Coast Inc. of $7,190 plus GST.

 

 

 

 

Item 10.4 was dealt with earlier.

 

 

ITEM 10.5    SF2064              220218      Use of Macksville Senior Citizens Hall by the Nambucca District Band

61/18 RESOLVED: (Jones/Reed)

 

That Council waive hire charges for the Nambucca District Band’s use of the Macksville Senior Citizens Centre.

 

 

 

 

ITEM 10.6    SF578                220218      Inquiry into Zonal Taxation

62/18 RESOLVED: (Finlayson/Ainsworth)

 

That Council respond to the Inquiry into Zonal Taxation as per the responses to the issues listed 1-5 in the report.

 

 

 

 

ITEM 10.7    SF435                220218      Briefing on the Renewal of the NSW Regional Forest Agreements

MOTION:      (Finlayson/Ainsworth)

 

That Council make a submission to the Department of Primary Industries on the extension of the North East Regional Forest Agreement registering its objection to a new 20 year agreement being entered into without any provision for the payment of local government rates on State Forests despite the fact they are a commercial enterprise; cause significant damage to council roads and bridge networks; and provide unfair competition to private forestry which does pay rates.

 

 

Amendment:       (Jenvey/Smyth)

 

1        That Council make a submission to the Department of Primary Industries on the extension of the North East Regional Forest Agreement registering its objection to a new 20 year agreement being entered into without any provision for the payment of local government rates on State Forests despite the fact they are a commercial enterprise; cause significant damage to Council roads and bridge networks; and provide unfair competition to private forestry which does pay rates.

 

2        That Council object to the Regional Forest Agreements because proper scientific, social and economic outcomes have not been assessed.

 

The amendment was carried and Deputy Mayor exercised his casting vote and amendment became the motion.

 

 

63/18 Resolved: (Jenvey/Smyth)

 

1        That Council make a submission to the Department of Primary Industries on the extension of the North East Regional Forest Agreement registering its objection to a new 20 year agreement being entered into without any provision for the payment of local government rates on State Forests despite the fact they are a commercial enterprise; cause significant damage to council roads and bridge networks; and provide unfair competition to private forestry which does pay rates.

 

2        That Council object to the Regional Forest Agreements because proper scientific, social and economic outcomes have not been assessed.

 

 

 

 

ITEM 10.8    SF2329              220218      Minutes of Business Advisory Committee Meeting Held 7 February 2018

Motion:      (Reed/Wilson)

 

That Council allocate $20,000 from working funds for the provision of murals in Wallace Lane, Macksville.

 

 

Amendment:       (Smyth/Jones)

 

1        That Council allocate $20,000 from working funds for the provision of murals in Wallace Lane, Macksville.

 

2        That the Business Advisory Committee seek comment from the Bowraville and the Nambucca Heads and Valla Chambers of Commerce asking if there is interest in providing murals in Bowraville and Nambucca Heads CBDs. If there is interest, then a provision of $20,000 be made for each town in the 2018/2019 budget.

 

The amendment was carried and became the motion.

 

64/18 Resolved: (Smyth/Jenvey)

 

1        That Council allocate $20,000 from working funds for the provision of murals in Wallace Lane, Macksville.

 

2        That the Business Advisory Committee seek comment from the Bowraville and the Nambucca Heads and Valla Chambers of Commerce asking if there is interest in providing murals in Bowraville and Nambucca Heads CBDs. If there is interest, then a provision of $20,000 be made for each town in the 2018/2019 budget.

 

 

 

 

7.55 pm - 8.27 pm the meeting adjourned for dinner.

 

 

 

ITEM 10.9    SF2397              220218      Macksville Memorial Aquatic Centre Master Plan

65/18 RESOLVED: (Reed/Jones)

 

1        That Council note an expression of interest under the Regional Sports Infrastructure Fund for funding the implementation of the Macksville Memorial Aquatic Centre Master Plan including the heating of the 50m Olympic pool will be lodged by Council staff.

 

2        That subject to the consideration by King & Campbell of the feedback which has been provided on the Master Plan that Council formally adopt the concept Master Plan for the ongoing development of the facility.

 

 

 

 

ITEM 10.10   SF661                220218      Easy To Do Business - Partnership with Service NSW

66/18 RESOLVED: (Finlayson/Reed)

 

1        That Council delegates authority to the General Manager to enter into a contract with Service NSW for Easy to do Business.

 

2        That any necessary documents be authorised for execution under the Common Seal of Council.

 

 

 

 

ITEM 10.11   SF979                220218      Impact on the permissible uses of land adjoining the proposed Great Koala National Park

67/18 RESOLVED: (Ainsworth/Reed)

 

That the advice received be noted.

 

 

 

 

ITEM 10.12   DA2017/263        220218      Development Application DA2017/263

68/18 RESOLVED: (Finlayson/Ainsworth)

 

That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2017/263 for a five lot subdivision of Lot 11 DP 1225830 – 501 Old Coast Road, North Macksville, subject to the schedule of conditions outlined in attachment 2 of this report.

 

For the motion:                         Crs Ainsworth, Ballangarry, Finlayson, Jenvey, Jones, Reed, Smyth, Wilson

                                      (Total 8)

 

Against the motion:         Councillors NIL

                                      (Total 0)

 

 

 

 

ITEM 10.13   DA2017/270        220218      Development Application DA2017/196 - Use of Building as Secondary Dwelling

69/18 RESOLVED: (Smyth/Jenvey)

 

That the application be approved subject to the conditions contained in Attachment 2.

 

For the motion:                         Crs Ainsworth, Ballangarry, Finlayson, Jenvey, Jones, Reed, Smyth, Wilson

                                      (Total 8)

 

Against the motion:         Councillors NIL

                                      (Total 0)

 

 

 

 

Item 10.14 was dealt with earlier.

 

 

 

Item 10.15 was dealt with earlier.

 

 

 

ITEM 10.16   SF25                  220218      Request for Donation - Valla Beach Community Playgroup

70/18 RESOLVED: (Reed/Jenvey)

 

That Council approve a Section 356 donation of $1000, from the Donations Budget 2017/2018, to assist the Valla Beach Community Playgroup with installation of a shade sail on the side of the Valla Beach Community Hall.

 

 

 

 

ITEM 10.17   SF1148              220218      Council Ranger's Report January 2018

71/18 RESOLVED: (Ainsworth/Reed)

 

That the Council’s Ranger’s report for January 2018 be received and noted by Council.

 

 

 

 

ITEM 10.18   SF2423              220218      2018 January - Approved Construction and Complying Development Certificates

72/18 RESOLVED: (Wilson/Ainsworth)

 

That the Construction and Complying Development Certificates approved for January 2018 be noted and received for information by Council.

 

 

 

 

ITEM 10.19   SF2423              220218      2018 January - Development and Complying Development Applications Received

73/18 RESOLVED: (Ainsworth/Finlayson)

 

That the Development Applications and Complying Development Applications received in January 2018 be received for information.

 

 

 

 

Assistant General Manager Corporate Services Report

ITEM 11.1    SF337                220218      Request to Extend the Playground at Taylors Arm Reserve

74/18 RESOLVED: (Reed/Ainsworth)

 

That Council approve an additional $7,500 for the renewal of the play equipment at the Taylors Arm Sports Reserve.  The additional funding to be applied to extending the soft fall area.  That the additional allocation be sourced from working funds.

 

 

 

 

ITEM 11.2    SF2360              220218      Quarterly Budget Review December 2017

75/18 RESOLVED: (Ainsworth/Finlayson)

 

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

 

2        That the recommended increases and decreases in votes be included as subsequent votes for the financial year 2017/2018.

 

 

 

 

ITEM 11.3    SF2368              220218      Investment Report to 31 January 2018

76/18 RESOLVED: (Jones/Ballangarry)

 

That the Accountant’s Report on Investments placed to 31 January 2018 be noted.

 

 

 

 

ITEM 11.4    SF251                220218      Schedule of Council Public Meetings 2018

77/18 RESOLVED: (Reed/Wilson)

 

That the schedule of dates for Council meetings in 2018 be noted and received for information by Council.

 

 

 

 

Assistant General Manager Engineering Services Report

ITEM 12.1    SF1031              220218      Review of Engineering Services Policies

78/18 RESOLVED: (Ainsworth/Finlayson)

 

1        That Council note the review and endorse the following Engineering Services policies with the exception of the Water Supply Policy and the Waste Collection Service Availability Conditions Policy because there are outstanding reports to Council in relation to them:

 

·        Trees and Street Gardens (Our Ref 13154/2013)

·        Pressure Sewerage (Our Ref: 22015/2016)

·        Sewerage - Building In The Vicinity Of Sewers (Our Ref: 26055/2012)

·        Easements for Sewerage, Water and Stormwater Pipelines (Our Ref: 26057/2012)

·        Water Supply Policy (Our Ref: 17106/2015)

·        Road Signage On Public Land (Our Ref: 12436/2013)

·        Roadside Maintenance (Our Ref: 25823/2007)

·        Erection of Public Gates and Motor Bypass (grids) (Our Ref: 18220/2008)

·        Procurement of Goods and Services Policy (Our Ref: 2610/2008)

·        Bridge Services Level (Our Ref: 13327/2014)

·        Tree Vandalism (Our Ref: 13553/2012)

·        Memorials on Council controlled lands (Our Ref: 941/2010)

·        Bushfire buffer on public land Policy (Our Ref: 25165/2007)

·        Smoke Free Outdoor Areas (Our Ref: 13836/2010)

 

2        That Council note the review and endorse the minor amendments (highlighted in red) to the Waste Collection Service Availability Conditions Policy (Our Ref: 47228/2017 to replace 32471/2008).

 

2        Note that further policies will be provided in 2018.

 

 

 

 

ITEM 12.2    SF1676              220218      2017-18 Capital Works Program Monthly Report

79/18 RESOLVED: (Ainsworth/Finlayson)

 

1        That Council receive and note the information pertaining to the progress of the 2017/2018 Capital Works Program for February 2018.

 

2        That Council allocate an additional $75,000 from working funds to WO3090 South Bank Road to cover the over expenditure on the project attributed to substantial rework with adverse weather conditions experienced over the duration of the project.

 

3        That Council reallocate the funding of $301,400.00 to WO3202 Bellingen Road (stage three) to the Bellingen Road stage four project (Tallowood School to Blackberry Lane) due to the cattle underpass not being constructed and that funding be allocated for stage three in the 2018/19 budget following the installation of the cattle underpass.

 

4        That Council reduce the 2017/18 budget allocation for WO3085 Lanes bridge to $300,000 and place the remainder $700,000 Council funding into a restricted bridge reserve for completion of the bridge works in the 2018/19 financial year; noting that $1M is Federally funded under an agreement and paid on milestones which will occur in the 2018/19 financial year; and $500,000 is State funded and the agreement for this funding is still to be provided to Council and signed.

 

5        That Council allocate an additional $25,000.00 from working funds to WO3249 Bellwood Park Shade Centre to complement the grant received and cover the total cost of the shade shelter and foundations.

 

6        That Council note the additional funding has been provided by the RFS for the station extension at Eungai WO3235 to increase the allocation to $180,000 and the forecast that it may not be fully competed at 30 June due to the timeframe of the funding announcement and the time required to tender and report to Council in accordance with the tender guidelines.

 

7        Council note the Coordinator Strategic Planning and Natural Resources on the 8 February 2018 pertaining to the progress projects within this section of Council and contained in 2017/2018 Capital Works Program report expenditure for February 2018 with a forecast of uncompleted works.

 

 

 

 

ITEM 12.3    SF90                  220218      Nambucca Shire Traffic Committee Meeting Minutes - 6 February 2018

80/18 RESOLVED: (Ainsworth/Ballangarry)

 

1        That Council receive and note the agenda and minutes emanating from the Nambucca Shire Traffic Committee held on the 6 February 2018.

 

2        That Council approve a request from the Scotts Head Events Committee of Management to the temporary road closure of the following streets on 22 April 2018 as part of the Scotts Head Food, Wine, Music and Art Festival:

 

Short Street from Adin Street to Ocean Street                8.00am to 7.00pm

Ocean Street         from Short Street to 7 Ocean Street            8.00am to 7.00pm

 

          noting that Council advertise the road closures seven (7) days prior to the Scotts Head Food, Wine, Music and Art Festival.

 

2        That Council relocate one disabled car parking bay at Shelly Beach to a space next to the hatched area adjacent to the new pedestrian beach access.

 

3        That Council install a STOP sign and supplementary stop line at the intersection of Egan Street and Egan Lane, North Macksville

 

4        That Council install traffic counters to gauge traffic volumes to determine long term treatment at the intersection of River Street and Cooper Street Macksville following the opening of the highway bypass.

 

 

     


 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

81/18 Resolved: (Ainsworth/Reed)

 

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 13.1    SF600                220218      Purchase of Property for the Nambucca Heads Men's Shed

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) (d) 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; AND 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.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 9.11 pm.

 

 

 

RESUME IN OPEN MEETING

82/18 RESOLVED: (Jones/Reed)

 

That Ordinary Council Meeting resume in Open Meeting.  The Ordinary Council Meeting resumed IN OPEN MEETING at 9.27 pm.

 

 

 

FROM COUNCIL IN CLOSED MEETING

 

 


 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 13.1    SF600                220218      Purchase of Property for the Nambucca Heads Men's Shed

83/18 RESOLVED: (Reed/Wilson)

 

That Council provide the Mayor, General Manager and Manager Business Development with delegated authority to acquire the site nominated in the report for use in part by the Nambucca Heads Men’s Shed.

 

 

 

 

 

 

CLOSURE

 

There being no further business the Deputy Mayor then closed the meeting the time being 9.30 pm. 

 

Confirmed and signed by the Mayor and Deputy Mayor on 15 March 2018.

 

 

 

 

 

Cr Rhonda Hoban and Cr Martin Ballangarry OAM

MAYOR AND DEPUTY MAYOR

(CHAIRPERSONS)