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)

 

 

APOLOGIES

 

Paul Gallagher (AGM Engineering Services)

 

 

 

PRAYER

 

Lieutenant Matthew Pethybridge (Salvation Army Church), offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor A Smyth declared a non-pecuniary - less significant conflict of interest in Item 9.4 LEP & DCP Amendments - Horticulture, Clause 4.2A & Tree Preservation under the Local Government Act as Cr Smyth is a member of the Nambucca Valley Conservation Association who lodged a submission during the exhibition period.

 

Councillor J Reed declared a pecuniary interest in Item 11.8 Compulsory Acquisition of Lots 1 - 4 in DP 1186582 and Easement for Services over Lot 5 in DP 1186582 Wallace Street Macksville under the Local Government Act as Cr Reed is an elected board member of Nambucca Valley Care. Cr Reed left the meeting for this item.

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 22 February 2018

84/18 RESOLVED: (Wilson/Reed)

 

That the minutes of the Ordinary Council Meeting of 22 February 2018 be confirmed.

 

 

 


 

NOTICE OF MOTION - CR Hoban

ITEM 5.1      SF2433              150318      NOTICE OF MOTION - SF922 - Request for consideration of provision of a Memorial Wall - Scotts Head

85/18 RESOLVED: (Hoban/Reed)

 

That Council receive a report on the feasibility and options for the provision of a memorial wall at Scotts Head.

 

 

 

NOTICE OF MOTION - CR Jones

ITEM 5.2      SF2433              150318      NOTICE OF MOTION - Report into the functioning of the Visitor Information Centre

MOTION:      (Jones/Wilson)

 

1        That Council receive a brief update into the transition of the Visitor Information Centre.

 

2        That the report by staff to include a compliance audit of the twelve undertakings made by Mr Stuart Holmes when the Council resolved to Lease the property to Lifetime Connect.

 

 

Amendment:       (Hoban/Ainsworth)

 

That an update into the transition of the Visitor Information Centre including a compliance audit of the twelve undertakings made by Mr Stuart Holmes when the Council resolved to Lease the property to Lifetime Connect be included as part of the Tourism Strategy which has already commenced.

 

The amendment was carried and became the motion.

 

86/18 Resolved: (Hoban/Ainsworth)

 

That an update into the transition of the Visitor Information Centre including a compliance audit of the twelve undertakings made by Mr Stuart Holmes when the Council resolved to Lease the property to Lifetime Connect be included as part of the Tourism Strategy which has already commenced.

 

 

 

  

DELEGATIONS

RECOMMENDATION

 

That the following delegations be heard:

 

i         Janet Heapy

          9.6 Results of the exhibition of amendments to Development Control Plan 2010 including the Valla Urban Growth Area

                  

ii        John Kingston

iii       Rob Ellingham

9.4 LEP & DCP Amendments - Horticulture, Clause 4.2A & Tree Preservation

 

 

i         Janet Heapy

          9.6 Results of the exhibition of amendments to Development Control Plan 2010 including the Valla Urban Growth Area

 

Ms Heapy addressed Council and her letter is filed in TRIM.

 

 

 

ITEM 9.6      SF2328              150318      Results of the exhibition of amendments to Development Control Plan 2010 including the Valla Urban Growth Area

MOTION:      (Ainsworth/Wilson)

 

1        Pursuant to clause 21 of the Environmental Planning and Assessment Regulation 2000. That Draft Development Control Plan 2010 as exhibited be adopted with the following changes:

 

a         Council update the sections of the Draft DCP to incorporate the Development Control Plan for the Valla Urban Growth Area and also update references within the Draft DCP to reflect recent amendments to the Environmental Planning and Assessment Act 1979.

 

b        The area identified in the draft as Light Industry be amended to ‘employment lands suitable for commercial or light industrial uses’;

 

c         That the type B access road between the service centre and the Valla Urban Growth Area industrial land be amended to remove the requirement for on street parking.

 

2        Pursuant to clause 21 of the Environmental Planning and Assessment Regulation 2000 Council give notice of its decision to proceed with the Development Control Plan in the local newspaper within 28 days.

 

Amendment:       (Smyth/Jenvey)

 

That the results of the exhibition of amendments to Development Control Plan 2010 including the Valla Urban Growth Area be deferred and there be an onsite inspection and an invitation be extended to the Nambucca Heads Local Aboriginal Land Council.

 

 

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

                                      (Total 4)

 

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

                                      (Total 5)

 

 

The amendment was lost.

 

 

Amendment:       (Hoban/Reed)

 

1        Pursuant to clause 21 of the Environmental Planning and Assessment Regulation 2000. That Draft Development Control Plan 2010 as exhibited be adopted with the following changes:

 

a         Council update the sections of the Draft DCP to incorporate the Development Control Plan for the Valla Urban Growth Area and also update references within the Draft DCP to reflect recent amendments to the Environmental Planning and Assessment Act 1979.

 

b        The area identified in the draft as Light Industry be amended to ‘employment lands suitable for commercial or light industrial uses’;

 

c         That the type B access road between the service centre and the Valla Urban Growth Area industrial land be amended to remove the requirement for on street parking.

 

2        Pursuant to clause 21 of the Environmental Planning and Assessment Regulation 2000 Council give notice of its decision to proceed with the Development Control Plan in the local newspaper within 28 days.

 

3        That Council conduct an onsite inspection, identification and explanation of the zonings and familiarisation for new councillors with the proposed natural buffers and barriers designed to prevent land use conflict.

 

 

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

                                      (Total 5)

 

Against the motion:         Councillors Ballangarry, Jenvey, Jones, Smyth

                                      (Total 4)

 

The amendment was carried and became the MOTION.

 

87/18 Resolved: (Hoban/Reed)

 

1        Pursuant to clause 21 of the Environmental Planning and Assessment Regulation 2000. That Draft Development Control Plan 2010 as exhibited be adopted with the following changes:

 

a         Council update the sections of the Draft DCP to incorporate the Development Control Plan for the Valla Urban Growth Area and also update references within the Draft DCP to reflect recent amendments to the Environmental Planning and Assessment Act 1979.

 

b        The area identified in the draft as Light Industry be amended to ‘employment lands suitable for commercial or light industrial uses’;

 

c         That the type B access road between the service centre and the Valla Urban Growth Area industrial land be amended to remove the requirement for on street parking.

 

2        Pursuant to clause 21 of the Environmental Planning and Assessment Regulation 2000 Council give notice of its decision to proceed with the Development Control Plan in the local newspaper within 28 days.

 

3        That Council conduct an onsite inspection, identification and explanation of the zonings and familiarisation for new councillors with the proposed natural buffers and barriers designed to prevent land use conflict.

 

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

                                      (Total 5)

 

Against the motion:         Councillors Ballangarry, Jenvey, Jones, Smyth

                                      (Total 4)

 

 

 

Delegations Continued:

 

ii        John Kingston

iii       Rob Ellingham

9.4 LEP & DCP Amendments - Horticulture, Clause 4.2A & Tree Preservation

 

Mr Kingston addressed Council as per his letter placed in TRIM.


 

 

          Mr Ellingham addressed Council.

·       Stressed caused to family

·       Trees being felled on weekly basis

·       Miscommunication

·       No highlighting of Conditions of Consent

·       Taking down trees under pretence of being rotten or infested

·       That Council reintroduce original conditions of consent

·       Introduction of signage outlining sensitive state of the park environment

 

 

ITEM 9.4      SF2460              150318      LEP & DCP Amendments - Horticulture, Clause 4.2A & Tree Preservation

88/18 RESOLVED: (Finlayson/Ainsworth)

 

That the LEP & DCP Amendments - Horticulture, Clause 4.2A & Tree Preservation be deferred having a workshop with Planning staff in relation to all the matters in the Item.

 

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

                                      (Total 5)

 

Against the motion:         Councillors Ballangarry, Jenvey, Jones, Smyth

                                      (Total 4)

 

 

 

 

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                150318      Outstanding Actions and Reports

89/18 RESOLVED: (Finlayson/Ainsworth)

 

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

 

 

 

 


 

Councillor John Wilson left the meeting before the commencement of this item, the time being 7:48 PM

ITEM 9.2      SF42                  150318      Draft Regulations for Joint Organisations

90/18 Resolved: (Reed/Finlayson)

 

That Council make a submission to the Office of Local Government on the proposed regulations for Joint Organisations advising:

 

1        That the proposal to exclude provisions conferring land acquisition powers from applying to joint organisations is not supported for the reason that those powers may be required where councils and the JO agree on the JO carrying out particular functions as a delegate of the councils.

 

2        That in general terms the preferred approach to the regulations for Joint Organisations should be to apply the provisions of the Local Government Act and the Local Government (General) Regulation except where those provisions are specifically supplanted by the provisions of the Joint Organisation Act and Regulation.

 

3        That LGNSW be advised of Council’s position.

 

 

 

 

Councillor John Wilson returned to the meeting at the completion of this item, the time being 7:50 PM

ITEM 9.3      SF1015              150318      Proposed Mobile Phone Base Station (Monopole Tower) - Lot 6 DP 259513 - close to corner of Valla Beach Road and Giinagay Way

91/18 RESOLVED: (Ainsworth/Reed)

 

That the information concerning the proposed mobile phone base station (monopole tower) at lot 6 DP 259513, corner Valla Beach Road and Giinagay Way be received.

 

 

 

 

Item 9.4 was dealt with earlier in the meeting.

 

 

7.53pm – 8.33pm - The meeting was adjourned for dinner.

 

ITEM 9.5      SF2423              150318      Development Applications greater than 12 months or where submissions received -  to 7 March 2018

92/18 RESOLVED: (Wilson/Finlayson)

That the information contained in the report on Development Applications greater than 12 months or where submissions have been received as at 7 March 2018 be noted by Council.

 

 

 

 

Item 9.6 was dealt with earlier in the meeting.

 

 

ITEM 9.7      SF2303              150318      Results of Investigation - Notice of Motion White Albatross Caravan Parking and flooding

93/18 RESOLVED: (Jones/Finlayson)

 

That Council note the information in this report.

 

 

 

 

 

ITEM 9.8      SF2423              150318      2018 February - Approved Construction and Complying Development Certificates

94/18 RESOLVED: (Ainsworth/Reed)

 

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

 

 

 

 

 

ITEM 9.9      SF2423              150318      2018 February - Development and Complying Development Applications Received

95/18 RESOLVED: (Ainsworth/Reed)

 

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

 

 

 

 

 

ITEM 9.10    SF1148              150318      Council Ranger's Report February 2018

96/18 RESOLVED: (Finlayson/Ainsworth)

 

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

 

 

 

 

 

ITEM 9.11    SF25                  150318      Request for Donation - Bowraville Central School

97/18 RESOLVED: (Ainsworth/Ballangarry)

 

That Council approve a Section 356 donation of $530.60, for the supply of 6m3 of topsoil, delivered, to Bowraville Central School Farm.

 

 

 

 

Assistant General Manager Corporate Services Report

ITEM 10.1    SF2368              150318      Investment Report to 28 February 2018

98/18 RESOLVED: (Ainsworth/Wilson)

 

That the Accountants’ Report on Investments placed to 28 February 2018 be noted.

 

 

 

 

 

ITEM 10.2    SF335                150318      Talarm Hall Committee of Management - Extraordinary Meeting

99/18 RESOLVED: (Reed/Jenvey)

 

That Council endorse the minutes of the Talarm Hall Committee of Management Extraordinary Meeting held on 23 February 2018.

 

 

 

 

 

ITEM 10.3    SF336                150318      Taylors Arm Hall Committee of Management - Annual General Meeting - 14 December 2017

100/18 RESOLVED:        (Finlayson/Ainsworth)

 

That Council endorse the minutes of the Taylors Arms Hall Committee of Management Annual General Meeting held on 14 December 2017 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

 

 

ITEM 10.4    SF251                150318      Schedule of Council Public Meetings 2018

101/18 RESOLVED:        (Ainsworth/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 11.1    SF931                150318      Tender T521718MNC for the Provision of Traffic Control Services for the period 1 April 2018 to the 31 Mach 2020

102/18 RESOLVED:        (Ainsworth/Finlayson)

 

1          That Council award the contract for Tender REGPRO 041718 for the provision of “traffic control services” to;

 

·    Altus Traffic Pty Ltd

·    Complete Staff Solutions

·    DOB Enterprises t/as Watchout Training and Traffic Control

·    Evolution Traffic Control Pty Ltd

·    Newada Pty Ltd t/as Men at Work

·    New Start Australia Pty Ltd

·    Workforce Road Services Pty Ltd

 

          as a Panel Source supplier to Nambucca Shire Council for the period 1 April 2018 to 31 March 2020.

 

2        That a provision be allowed for a 12 month extension based on satisfactory supplier performance, which may take this contract through to 31 March 2021.

 

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, Ballangarry, Finlayson, Jenvey, Jones, Reed, Smyth, Wilson

                                      (Total 9)

 

Against the motion:         Councillors Nil

                                      (Total 0)

 

 

 

 

 


 

 

ITEM 11.2    SF931                150318      Tender T381718MNC for the Supply of Ready Mix Concrete for the period 1 January 2018 to 31 December 2019

103/18 RESOLVED:        (Ainsworth/Jenvey)

 

1        That Council award Tender (T381718MNC) for the supply of “ready mix concrete” to Boral Resources NSW Pty Ltd for the period of 1 January 2018 to 31 December 2019.

 

2        That a provision be allowed for a 12 month extension to (T381718MNC) based on         satisfactory supplier performance, which may take this contract          through to 31 December          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, Ballangarry, Finlayson, Jenvey, Jones, Reed, Smyth, Wilson

                                      (Total 9)

 

Against the motion:         Councillors Nil

                                      (Total 0)

 

 

 

 

 

ITEM 11.3    SF931                150318      Tender REGPR0511718 for the Supply and Installation / Supply Only of Road Safety Barrier Systems for the period 1 April 2018 to 31 March 2020

104/18 RESOLVED:        (Wilson/Finlayson)

 

1        That Council award the Tender REGPRO 0511718 for category A – Supply and Installation of Road Safety Barrier Systems as a Panel Source supplier to Nambucca Shire Council for the period 1 April 2018 to 31 March 2020to;

 

·      D&P fencing Contractors

·      GRI Road Services

·      Guardrail Installations Australia

·      Guardrail Systems

·      Ontime Guardrail

·      Irwin Fencing

 

2        That Council award the Tender REGPR0511718) for category B – Supply Only of Road Safety Barrier Systems as a Panel Source supplier to Nambucca Shire Council for the period 1 April 2018 to 31 March 2020 to:

 

·      Ingal Civil

·      GRI Road Services

·      Guardrail Systems

 

3        That a provision be allowed for a 12 month extension to (REGPRO 0511718) for both Category A and B based on satisfactory supplier performance, which may take this contract through to 31 March 2021.

 

 

4        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

 

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

 

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

                                      (Total 9)

 

Against the motion:         Councillors Nil

                                      (Total 0)

 

 

 

 

 

ITEM 11.4    SF843                150318      Minutes of the Vehicular Access to Beaches Committee - 16 February 2018

105/18 RESOLVED:        (Ainsworth/Finlayson)

 

1        That the minutes of the Vehicular Access to Beaches Committee meeting held on Friday 16 February 2018 be received and noted.

 

2        That Council note and endorse the development of plans for the repair of the 4WD beach access tracks at Valla Beach and Scotts Head.

 

3        That Council allocate $30K from the Reserves fund to the 2017/18 Budget.

 

4        That a review of the Companion Animals Control of Dogs and Cats Policy be undertaken to amend the Dogs on Leash area to include an area from the western access point of Shelly Beach to Beilby’s Beach.

 

 

 

 

 

ITEM 11.5    SF61                  150318      Surf Life Saving Report - March 2018

106/18 RESOLVED:        (Ainsworth/Ballangarry)

 

That Council receive and note the Season Report for 2017/2018 from the Australian Lifeguard Service.

 

 

 


 

 

ITEM 11.6    SF2393              150318      Request for a Temporary Road Closure - Scotts Head Food and Wine Festival 2018

107/18 RESOLVED:        (Ainsworth/Finlayson)

 

1        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

Adin Street              from Short Street to 9 Adin Street               8.00am to 4.00pm

 

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

 

 

 

 

 

ITEM 11.7    SF1631              150318      Water Quality Management - Options for addressing risk to water consumers with Chlorine contact times lower than recommended levels

motion:      (Ainsworth/Finlayson)

 

That Council:

 

a)   Advise affected property owners that they will subsidise the purchase cost of an under sink water treatment system incorporating filtration and UV disinfection up to a value of $600.

 

b)   Reduce the water access charge to those properties that install an under sink water treatment system by $100 to offset the operational costs.

 

c)   Allocate an additional amount of $22,500 in the 2017/18 budget to cover the cost of subsidising the purchase of the under sink water treatment units for the 41 affected properties.  Transfer this amount from W1622 – Pumping Energy Costs which has a lower budget expenditure than estimated.

 

Amendment:       (Finlayson/Ainsworth)

 

That Council advise the 41 landholders affected by the lack of chlorine contact time that they should boil their water before using it for potable purposes or consider disconnection from the town water supply.

 

The amendment was carried and became the motion which was:

 

 

108/18 Resolved:        (Finlayson/Ainsworth)

 

That Council advise the 41 landholders affected by the lack of chlorine contact time that they should boil their water before using it for potable purposes or consider disconnection from the town water supply.

 

Cr Jones requested that his vote be recorded against the resolution for the reason that Council should explore other opportunities.

 

 

 

 

Councillor Janine Reed left the meeting before the commencement of this item, the time being 9:19 PM

 

ITEM 11.8    SF408                150318      Compulsory Acquisition of Lots 1 - 4 in DP 1186582 and Easement for Services over Lot 5 in DP 1186582 Wallace Street Macksville

109/18 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council pay compensation of $ 45,487.50 (inclusive of GST) plus valuation fees to Crown Lands for the compulsory acquisition of Lots 1-4 in DP 1186582 and Easement for Services over Lot 5 in DP 1186582 and seek reimbursement from the Applicants.

 

2        That Council allocate an amount of $45,487.50 plus valuation fees from the working funds for the compensation costs for the compulsory acquisition of Lots 1 – 4 in DP 1186582 and Easement for Services over Lot 5 in DP 1186582 Wallace Street Macksville.

 

3        That Council as per DA2008/067 on charge a proportional amount relating to the Compulsory Acquisition costs relating to Lot 1 (area 3092 m2 @ $ 3.45/m2) at Harrimans Lane to the Applicant for payment to Council.

 

4        That Council as per DA2009/087 on charge a proportional amount being for component of acquisition costs relating to the site of the Easement for Services over Lot 5 in DP 1186582 to the Applicant for payment to Council.

 

 

     

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 9.21 pm. 

 

Confirmed and signed by the Mayor on 12 April 2018.

 

 

 

 

Cr Rhonda Hoban

MAYOR

(CHAIRPERSON)