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)

Paul Gallagher (AGM Engineering Services)

Daniel Walsh (Manager Development and Environment)

Ms Teresa Boorer (Grants Officer)

Lorraine Hemsworth (Minute Secretary)

 

 

 

PRESENTATION:

 

Mayor, Cr Rhonda Hoban presented a photo and Certificate of Appreciation to Mr Garry Johnson OAM on his retirement as Chair from the Australia Day Committee and thanked him for his invaluable service to the community for the past 28 years.

 

 

DISCLOSURE OF INTEREST

 

General Manager, Michael Coulter, declared a non-pecuniary - significant conflict of interest in Item 9.14 Modification of Development Consent DA2015/010 – Scotts Head Food and Wine Festival under the Local Government Act as Michael Coulter is the Secretary of the Macksville-Scotts Head Surf Lifesaving Club and involved in organising the streets Surf Boat Carnival at Scotts Head on 8 and 9 December and there will be similar issues with overflow parking, particularly for surf boat trailers.  Michael Coulter left the meeting for this item.

 

General Manager, Michael Coulter, declared a non-pecuniary - significant conflict of interest in Item 9.15 Development Applications greater than 12 months or where submissions received to 4 April 2018 under the Local Government Act as Michael Coulter has a neighbour who is an objector to DA2017/272 for shop top housing at 7A Ocean Street Scotts Head and is a member of the same Macksville-Scotts Head Surf Life Saving Club patrol as Michael Coulter.  Michael Coulter left the meeting for this item.

 

General Manager, Michael Coulter, declared a non-pecuniary - significant conflict of interest in Item 10.2 Revised Plan of Management Adin Street Reserve Scotts Head under the Local Government Act as Michael Coulter is the Secretary of the Macksville-Scotts Head Surf Lifesaving Club and involved in organising events which from time to time may require use of the Adin Street Reserve for overflow parking. Michael Coulter left the meeting for this item.

 

Cr Janine Reed, declared a non-pecuniary – less significant conflict of interest in Item 10.2 Revised Plan of Management Adin Street Reserve Scotts Head under the Local Government Act as Cr Reed has a relation that owns a property in Adin Street, Scotts Head.

 

Cr Janine Reed, declared a non-pecuniary – less significant conflict of interest in Item 11.6 Macksville Hospital – Provision of Water and Sewerage Infrastructure under the Local Government Act as Cr Reed is a member of the Mid North Coast Local Health District for whom Health Infrastructure are seeking the provision of water and sewerage infrastructure.

 

 

 

General Manager, Michael Coulter, declared a pecuniary interest in Item 12.7 General Managers Annual Review and Performance Agreement under the Local Government Act as it concerns his employment.  Michael Coulter left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 15 March 2018

110/18  RESOLVED:       (Wilson/Reed)

 

That the minutes of the Ordinary Council Meeting of 15 March 2018 be confirmed.

 

 

 

MAYORAL MINUTE - CR Hoban - LATE

ITEM L.1      SF2433              120418      Mayoral Minute - Loss of General Practitioner (GP) and Associated Health Services in the Bowraville Community

111/18 RESOLVED:        (Hoban/Jones)

 

That Council make urgent representations to its State and Federal Members and the Rural Doctors’ Network and seek a meeting of local GP practices’ to discuss and identify the opportunities and impediments to securing a GP for Bowraville.

 

  

 

DELEGATIONS

112/18 RESOLVED:        (Ainsworth/Finlayson)

 

That the following delegations be heard and reports brought forward in the Business Paper:

 

9.12   Overnight Camping And Parking At Lions Park Ferry Street North Macksville

          i)        Mr Dave Banks

 

9.13   Modification of Development Consent DA2016/142

i)        Marlene Young

ii)       Jasper Young

iii)      Karen Forbes

 

9.14   Modification of Development Consent DA2045/010 – Scotts Head Food and Wine Festival

i)        Janet Court

10.2   Revised Plan of Management of Management Adin Street Reserve Scotts Head

i)        Janet Court

 

11.2   Flooding Impact on Browns Crossing Road following Pacific Highway Upgrade

i)        Keith Baldwin and Alison Nowland

 

 


 

DELEGATION:      Dave Banks           ITEM 9.12    Overnight Camping And Parking At Lions Park Ferry Street North Macksville with prepared notes being placed on file TRIM 6228/2018

 

ITEM 9.12    PRF45                120418      Overnight Camping and Parking at Lions Park, Ferry Street, North Macksville

MOTION:      (Smyth/Jones)

 

That Council alter the current provision of traveller overnight rest areas within Macksville by:

·           Providing additional rest areas as outlined within the report for travellers to stay overnight to minimise potential congestion in the Ferry Street rest area.

 

·           Improving signage as outlined within the report so that it is clearly identified where vehicles can park, what type of vehicles can park in the allocated spaces, and the restrictions applicable to using the rest areas.

 

·           Providing information on Council’s website with regard to the location of rest areas where overnight stays are permissible, the restrictions of use, and penalties for non-compliance.

 

Amendment:       (Reed/Ainsworth)

 

That Council alter the current provision of traveller overnight rest areas within Macksville by:

 

·           Providing additional rest areas as outlined within the report for travellers to stay overnight to minimise potential congestion in the Ferry Street rest area except that an additional two long spaces be dedicated to cars with boat trailers.

 

·           Improving signage as outlined within the report so that it is clearly identified where vehicles can park, what type of vehicles can park in the allocated spaces, and the restrictions applicable to using the rest areas.

 

·           Providing information on Council’s website with regard to the location of rest areas where overnight stays are permissible, the restrictions of use, and penalties for non-compliance.

 

The amendment was carried and became the motion.

 

 

113/18 Resolved:        (Reed/Ainsworth)

 

That Council alter the current provision of traveller overnight rest areas within Macksville by:

 

·        Providing additional rest areas as outlined within the report for travellers to stay overnight to minimise potential congestion in the Ferry Street rest area except that an additional two long spaces be dedicated to cars with boat trailers.

 

·        Improving signage as outlined within the report so that it is clearly identified where vehicles can park, what type of vehicles can park in the allocated spaces, and the restrictions applicable to using the rest areas.

 

·        Providing information on Council’s website with regard to the location of rest areas where overnight stays are permissible, the restrictions of use, and penalties for non-compliance.

 

114/18 Resolved:        (Ainsworth/Reed)

 

That Council investigate the possibility of overnight stays on the downside of the Macksville bridge (northern side) and at western end of Crosswinds Wetland Nature Reserve.

 

 

 

DELEGATIONS Continued – ITEM 9.13        Modification of Development Consent DA2016/142

Ms Marlene Young who also spoke on behalf of Mr Jasper Young (as Mr Young was not present) with prepared notes being placed on file TRIM 12690/2018;

 

Karen Forbes with prepared notes being placed on file TRIM 12751/2018.

 

115/18 Resolved:        (Ainsworth/Ballangarry)

 

That Ms Forbes be permitted to speak as a Delegation to the Council Meeting on the Modification of Development Consent DA2016/142.

 

 

ITEM 9.13    DA2016/142        120418      Modification of Development Consent DA2016/142

MOTION:      (Finlayson/Ballangarry)

 

1        That Council as the consent authority, pursuant to Section 4.55 of the Environmental Planning and Assessment Act 1979, modify development consent DA2016/142 subject to conditions contained within attachment 6.

 

2        That Council staff provide the applicant of development application DA2017/291 the opportunity to amend the proposed development by providing unloading areas wholly within the rear of the development site for service vehicles and provide access by an extension of the right of carriage required under DA2016/142 to facilitate the use by service vehicles associated with DA2016/142 and DA2017/291. If the application is not amended it is to be refused.

 

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

                                      (Total 4)

 

Against the motion:         Councillor Ballangarry, Jenvey, Jones, Smyth, Wilson

                                      (Total 5)

 

The Motion was Lost.

 

 

116/18 Resolved:        (Jones/Reed)

 

That the modification be approved and that the Consent Conditions be modified as required to remove the requirement for a right of carriage way to 1 and 3 Adin Street, Scotts Head.

 

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

                                      (Total 8)

 

Against the motion:         Councillor Hoban

                                      (Total 1)

 

The Mayor requested that her vote be recorded against because of implications for traffic adjoining the development.

 

 

 

 

 


 

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

 

DELEGATIONS Continued - Janet Court     ITEM 9.14    Modification of Development Consent DA2015/010 – Scotts Head Food and Wine Festival with prepared notes being placed on file TRIM 12755/2018

 

 

ITEM 9.14    DA2015/010        120418      Modification of Development Consent DA2015/010 - Scotts Head Food and Wine Festival

MOTION: (Ainsworth/Jones)

 

1        That Council as the consent authority, pursuant to Section 4.55 of the Environmental Planning and Assessment Act 1979, modify development consent DA2015/010 subject to conditions contained within attachment 4.

 

2        That Council permit the use of the Council reserve within Lot 3 DP 1202794 between the tennis courts and the bowling club for overflow parking by the community to ease congestion on roads and private car parks during local events and holiday periods.

 

3        The draft plan of management presented in Item 10.2 of this business paper be amended to reflect the use of Lot 3 DP 1202794 for overflow parking.

 

4        That Council research and develop an alternate car park strategy in the location of the Adin Street precinct.

 

Amendment:       (Hoban/Reed)

 

1        That Council as the consent authority, pursuant to Section 4.55 of the Environmental Planning and Assessment Act 1979, modify development consent DA2015/010 subject to conditions contained within attachment 4.

 

2        That Council permit the use of the Council reserve within Lot 3 DP 1202794 between the tennis courts and the bowling club for overflow parking by the community to ease congestion on roads and private car parks during community events.

 

3        The draft plan of management presented in Item 10.2 of this business paper be amended to reflect the use of Lot 3 DP 1202794 for overflow parking.

 

4        That Council research and develop an alternate car park strategy in the location of the Adin Street precinct.

 

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

                                      (Total 4)

 

Against the motion:         Councillor Ballangarry, Finlayson, Jeney, Jones, Smyth

                                      (Total 5)

 

The amendment was Lost.

 

 

 

 

 

 

 

 

 

 

117/18 Resolved:        (Ainsworth/Jones)

 

1        That Council as the consent authority, pursuant to Section 4.55 of the Environmental Planning and Assessment Act 1979, modify development consent DA2015/010 subject to conditions contained within attachment 4.

 

2        That Council permit the use of the Council reserve within Lot 3 DP 1202794 between the tennis courts and the bowling club for overflow parking by the community to ease congestion on roads and private car parks during local events and holiday periods.

 

3        The draft plan of management presented in Item 10.2 of this business paper be amended to reflect the use of Lot 3 DP 1202794 for overflow parking.

 

4        That Council research and develop an alternate car park strategy in the location of the Adin Street precinct.

 

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

                                      (Total 6)

 

Against the motion:         Councillor Finlayson, Jenvey, Smyth

                                      (Total 3)

 

 

 

DELEGATIONS Continued: Janet Court      ITEM 10.2 Revised Plan of Management Adin Street Reserve Scotts Head with prepared notes being placed on file TRIM 12755/2018

 

 

ITEM 10.2    PRF10                120418      Revised Plan of Management Adin Street Reserve Scotts Head

118/18 RESOLVED:        (Hoban/Ainsworth)

 

1        That Council endorse for public exhibition the revised draft Plan of Management for the Adin Street Reserve.

 

2        That Council give public notice of the revised draft Plan of Management for the Adin Street Reserve and invite submissions for a period of not less than 42 days.

 

3        That a report comes to Council with details of any submissions for the draft Plan of Management.

 

4        That Council consider an allocation of $2,500 to the Adin Street Reserve Committee of Management in the 2018/2019 Budget and request the Committee provide a list of any longer term planned works and estimated costings for consideration in future budgets.

 

General Manager, Mr Michael Coulter returned to the meeting at the completion of this item, the time being 7:21 PM.

 


 

 

DELEGATIONS Continued: Keith Baldwin   ITEM 11.2 Flooding Impact on Browns Crossing Road following Pacific Highway Upgrade with prepared notes being placed on file TRIM 12818/2018.

 

ITEM 11.2    SF1981              120418      Flooding Impact on Browns Crossing Road following Pacific Highway Upgrade

119/18 RESOLVED:        (Finlayson/Jenvey)

 

1        That Council advise the RMS that it will not commit to retaining the responsibility for the flood channel post highway construction and express concern that if the channel is not adequately maintained by the RMS, wattles and other natives will take over and cause potential infrastructure damage.

 

2        That Council makes representation to the Minister for Roads to fund a new bridge at the crossing to protect Council infrastructure from flood damage and allow residents flood free access emanating from the Pacific Highway upgrade.

 

 

 

Bring Forward Item 9.8, Item 9.9, Item L 9.22 and Item 9.10

120/18 Resolved:        (Reed/Ballangarry)

 

That the following Items be brought forward in the business paper as a staff member was present to answer questions on the reports:

 

Item 9.8       Regional Sports Infrastructure Fund - Applications to be submitted by 4 May 2018;

Item 9.9       Regional Growth Fund - Round 2: Stronger Country Communities Fund - Potential applications;

Item L 9.22   Alternative site for dump point and Recreational Vehicle (RV) Parking in Macksville - Grant Application Project; and

Item 9.10      Grant Application Status Report.

 

 

 

ITEM 9.8      SF2397              120418      Regional Sports Infrastructure Fund - Applications to be submitted by 4 May 2018

121/18 RESOLVED:        (Reed/Ballangarry)

 

1        That Council proceed with submission of applications for funding under the Regional Sports Infrastructure Fund for both the Nambucca Valley Connected project and the upgrade of the Macksville Aquatic Centre based on the feedback from the Office of Sport on 19 and 20 March 2018, and the new 2018 Guidelines.

 

2        That Council consider submitting  an application for funding the upgrade of Phillip Hughes Oval – Stage 1 only, (no Memorial Clubhouse construction), under the Stronger Country Communities Fund, based on the EOI feedback from the Office of Sport.

 

 


 

 

ITEM 9.9      SF2390              120418      Regional Growth Fund - Round 2: Stronger Country Communities Fund - Potential applications

122/18 RESOLVED:        (Ainsworth/Wilson)

 

That Council adopt the prioritised list for submission of applications, for both Community Infrastructure and Sporting Infrastructure under the NSW Government’s Stronger Country Communities Fund – Round 2, as discussed at the Grants Workshop on Thursday, 29 March 2018.

 

 

 

ITEM 9.22    SF2437              120418      Alternative site for dump point and Recreational Vehicle (RV) Parking in Macksville - Grant Application Project

123/18 RESOLVED:        (Smyth/Jenvey)

 

That Council note the lodgement of a funding application for more recreational vehicle and car/caravan parking (incorporating a dump point) as a part of the Dawkins Park redevelopment in lieu of the Macksville Memorial Aquatic Centre car park.

 

 

 

ITEM 9.10    SF1120              120418      Grant Application Status Report

124/18 RESOLVED:        (Smyth/Reed)

 

That Council receive the list of grant applications to 31 March 2018.

 

 

Ms Teresa Boorer and Mr Daniel Walsh left the meeting, the time being 7.40 PM

 

 

7.41 pm – 8.20 pm - The meeting adjourned for Dinner.

 

 

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                120418      Outstanding Actions and Reports

125/18 RESOLVED:        (Wilson/Ainsworth)

 

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

 

 

 

ITEM 9.2      SF2329              120418      Provision of Murals in Nambucca Heads

126/18 Resolved:        (Hoban/Finlayson)

 

That Council thank the Nambucca Heads & Valla and Bowraville Chambers of Commerce for their expressions of interests and advise the Chambers that Council would be pleased to consider any specific project to an equivalent sum to improve the amenity of Nambucca Heads and Bowraville.

 

 

 

ITEM 9.3      SF822                120418      Recruitment Arrangements for the Replacement of the Assistant General Manager Corporate Services

127/18 RESOLVED:        (Finlayson/Reed)

 

1        That Council note the engagement of Blackadder Associates Pty Ltd to undertake recruitment of a new Assistant General Manager Corporate Services.

 

2        That the Mayor, Deputy Mayor, Cr Ainsworth, General Manager, Manager Human Resources and a qualified accountant to be sourced from a MIDROC council be provided with delegated authority to select a preferred candidate.

 

3        That the information in closed report being the recruitment proposal from Blackadder Associates Pty Ltd be received.

 

 

 

ITEM 9.4      SF693                120418      Co-user Licence Agreement for Two Way Radio Receiver/Transmitter - Dunggir National Park, Bowra Sugarloaf

128/18 RESOLVED:        (Finlayson/Ainsworth)

 

That Council endorse the “without prejudice” offer to settle the outstanding licence fees for its two way radio system as detailed in the report.

 

 

 

ITEM 9.5      SF731                120418      Draft Nambucca Regional Economic Development Strategy 2022

129/18 RESOLVED:        (Reed/Ainsworth)

 

1        That following a workshop on this matter that Council advise Corview in the terms of the comments provided in this report and any comments which might arise from a workshop.

 

2        That Council formally thank the Department of Premier and Cabinet for the funding and support provided for the development of the Regional Economic Development Strategy.

 

 


 

 

ITEM 9.6      SF42                  120418      Status on the Establishment of Joint Organisations

130/18 RESOLVED:        (Finlayson/Wilson)

 

That Council inform the Minister for Local Government that for the reason of ensuring the alignment of community of interest, it does not support the Nambucca local government area being included in a Joint Organisation which does not include the Coffs Harbour local government area.

 

 

 

ITEM 9.7      SF2354              120418      Local Government Performance Excellence Program

131/18 RESOLVED:        (Smyth/Reed)

 

That Council note the proposed action plan to address key findings in The Australasian Local Government Performance Excellence Program FY17 Report.

 

 

 

ITEM 9.8 was dealt with earlier in the meeting.

 

 

ITEM 9.9 was dealt with earlier in the meeting.

 

 

ITEM 9.10 was dealt with earlier in the meeting.

 

 

ITEM 9.11    SF2460              120418      LEP & DCP Amendments - Horticulture, Clause 4.2A & Tree Preservation

132/18 RESOLVED:        (Finlayson/Ainsworth)

 

That the matter be held over until the next Council meeting.

 

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

                                      (Total 8)

 

Against the motion:         Councillor Jones

                                      (Total 1)

 

 

ITEM 9.12 was dealt with under delegations.

 

 

ITEM 9.13 was dealt with under delegations.

 

 

ITEM 9.14 was dealt with under delegations.

 

 


 

General Manager, Mr Michael Coulter left the meeting before the commencement of this item, the time being 8:47 PM

 

ITEM 9.15    SF2423              120418      Development Applications greater than 12 months or where submissions received -  to 4 April 2018

133/18 RESOLVED:        (Ainsworth/Finlayson)

That the information contained in the report on Development Applications greater than 12 months or where submissions have been received as at 4 April 2018 be noted by Council.

 

 

General Manager, Mr Michael Coulter returned to the meeting at the completion of this item, the time being 8:48 PM

 

ITEM 9.16    SF2423              120418      2018 March - Approved Construction and Complying Development Certificates

134/18 RESOLVED:        (Ainsworth/Finlayson)

 

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

 

 

 

ITEM 9.17    SF2423              120418      2018 March - Development and Complying Development Applications Received

135/18 RESOLVED:        (Finlayson/Ainsworth)

 

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

 

 

 

ITEM 9.18    SF2422              120418      Minutes of the Nambucca Shire Council Access Committee meeting held 27 March 2018

136/18 RESOLVED:        (Smyth/Wilson)

 

1        That the Access Committee commence the first module of the on-line learning course for Inclusive Tourism at the meeting on 24 April 2018.

 

2        That the Manager Assets advise on the feasibility of changing the angle of slope on the access ramps along Liston Street to allow for the safe use by wheelchair users.

 

3        That Council endorse the minutes of the Nambucca Shire Council Access Committee meeting held 27 March 2018.

 

 

 

ITEM 9.19    SF1948              120418      Highway Service Centre - Visitor Servicing update

137/18 RESOLVED:        (Wilson/Ainsworth)

 

That the information following 6 months of operating the visitor information outlet at the Nambucca Heads Highway Service Centre, be noted. 

 

 

 

ITEM 9.20    SF2422              120418      Minutes of the Nambucca Shire Council Access Committee meeting held 27 February 2018

138/18 RESOLVED:        (Smyth/Jenvey)

 

1        That the access ramps at Village Lane and Whaites Street Nambucca Heads be assessed and programmed for replacement in future budgets as determined and recommended by the Manager Assets.

2        A discussion was held in relation to “Shared Zones” in the Shire.  The consensus was that these zones provide quality of access to locals and tourists and that the Access Committee would welcome feedback from staff as to the feasibility of having these in the Shire’s CBD’s.

3        That Jon Daley be endorsed by Council as a member of the Access Committee.

4        That Council endorse the minutes of the Nambucca Shire Council Access Committee meeting held 27 February 2018.

 

 

 

ITEM 9.21    SF2368              120418      Investment Report To 31 March 2018

139/18 RESOLVED:        (Wilson/Ainsworth)

 

That the Accountants’ Report on Investments placed to 31 March 2018 be noted.

 

 

 

Late ITEM 9.22 was dealt with earlier in the meeting.

 

 

 

General Manager Report - LATE

ITEM 9.23    SF2390              120418      Stronger Country Communities - Round 2 - Late Report Seeking a Change to the Community Infrastructure Projects

140/18 RESOLVED:        (Jenvey/Finlayson)

 

That Council replace the community infrastructure item, “Pathways and place-making in Macksville around Dawkins Park area – estimated cost $100,000” with “Revitalisation and Improvement Program – Local Main Streets – estimated cost $100,000”.

 

 

 


 

Assistant General Manager Corporate Services Report

ITEM 10.1    SF25                  120418      Donations Program (Section 356) 2018/2019 - Applications for Approval for Waste Services

141/18 RESOLVED:        (Reed/Finlayson)

 

That Council:

 

1        Approves applications for a waste waiver from the charitable organisations of Nambucca Valley Christian Life Centre – Care n Wear Inc., Nambucca Valley Phoenix, Nambucca Heads Men’s Shed Inc., Macksville/Bowraville Uniting Church Op Shop – Bowraville and Macksville Anglican Parish – Anglican Church Op Shop, Macksville and Salvation Army Store - Macksville.

 

2        Approves applications for a waste waiver, and provision of services, for one-off events/regular events being: Lions Annual Fair at Valla Hall (Lions Club of Valla); Lions Australia Day event at Gordon Park (Lions Club of Nambucca Heads); bi-monthly markets and Carols at Valla Reserve (Valla Beach Community Association); Macksville Gift at Macksville Park (Macksville Athletics Club Inc.); 2019 Challenge Cup (Nambucca Strikers Football Club); Carols at Macksville Park (Salvation Army).

 

 

ITEM 10.2 was dealt with under delegations.

 

 

ITEM 10.3    SF338                120418      Tewinga Community Centre Committee of Management - Annual General Meeting - 17 March 2018

142/18 RESOLVED:        (Wilson/Ainsworth)

 

That Council endorse the minutes of the Tewinga Community Centre Committee of Management Annual General Meeting held on 17 March 2018 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

ITEM 10.4    SF251                120418      Schedule of Council Public Meetings 2018

143/18 RESOLVED:        (Jenvey/Reed)

 

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

 

 

ITEM 10.5 was dealt with later in the meeting.

 

 

 


 

Assistant General Manager Engineering Services Report

ITEM 11.1    SF1676              120418      2017-18 Capital Works Program Monthly Report

144/18 RESOLVED:        (Finlayson/Ainsworth)

 

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

 

2        That Council reallocate the funding of $19,500.00 from WO3058 E J Biffin light poles and the $12,500 placed into reserve for the light poles at Coronation Oval to undertake work at Scotts Head Tennis Club complex.

 

3        That Council note that a revote of funds will be required for the completion of WO3235 - Extension of Eungai Brigade Station  (RFS) which is forecast to be completed by mid-July.

 

4        That Council reallocate the funding of $134,960.00 remaining on WO3074 for Nambucca Boardwalk rehabilitation for use on the V-Wall footpath and lighting capital upgrade as part of WO2020 in the 2017/18 capital works program, as the Crown are yet to provide an appropriate licence to undertake the work on the boardwalks.

 

5        That Council note that it is forecast that a  revote of funds will be required for the completion of the March 2017 flood event for Gumma Road (WO3215) which is subject to RMS approval for the repair technique and Riverside Drive (WO3231) subject to geotechnical report and tender.

 

 

ITEM 11.2 was dealt with under delegations.

 

 

ITEM 11.3    SF2393              120418      Temporary Road Closure Application for Macksville ANZAC DAY Dawn Service and March 2018 and 2019

145/18 RESOLVED:        (Finlayson/Ballangarry)

 

1        That Council approve the road closures for ANZAC DAY marches in 2018 and 2019 for Macksville, noting the following has been received by Council:

 

·      Certificate of Currency for Public Liability Insurance

·      Traffic Management Plan confirming Accredited Traffic Controllers will be on site, and

·      Police approval for the road closure.

 

2        That Council endorse the road closures for the ANZAC DAY marches to be held on ANZAC DAY 25 April 2018 and 2019 in Macksville as follows:

 

·      Dawn Service - Princess and River Streets between Mackay Street and Wallace Lane from 0515 to 0600 hours; then Princess Street, Wallace Street, Cooper Street and River Street from 1030 to 1130 hours.

 

3        That Macksville RSL branch must:

 

·      reapply if there are any changes to the approved application i.e. times or march route.

·      comply with the approved Traffic Management Plan and/or NSW Police instruction.

·      hold a current Certificate of Currency for Public Liability Insurance.

 

4        That Council advertise the road closures for Bowraville, Macksville and Nambucca Heads seven (7) days prior to ANZAC DAY March.

 

 

 

ITEM 11.4    PRF58                120418      Taylors Arm Sports Reserve Committee of Management

146/18 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council receive and note the information.

 

2        That Council note that there are 2 other issues relating to the Ranger services and fencing of the Taylors Arm Sports Reserve oval that were raised at the Council meeting held at the Burrapine Hall that are currently being addressed by staff.

 

 

 

ITEM 11.5    SF453                120418      Waste Management Services - Options Report for the Burrapine area

147/18 RESOLVED:        (Smyth/Finlayson)

 

1        That Council receive and note the information provided in the report.

 

2        That Council note that the waste collection contractor has undertaken a safety inspection along the proposed extension route past the Medlow Primary School and advised that they are unable to render a waste collection services in a safe manner attributed to the unsealed pavement, steep and narrow corners with poor sight distances.

 

3        That Council does not extend the domestic waste service beyond the current collection route at Medlow Primary School as the contractor is unable to render a waste collection service in a safe manner.

 

4        That Council offer a domestic waste management service to interested Burrapine residents subject to:

 

a)       The residents are prepared to transport the Coffs Coast Waste Service MGB’s to a nominated hard stand collection point near the Medlow Primary School on the existing route.

b)       That the MGB’s are not permanently left at the location and removed from the collection point once the service has been rendered.

c)       That there will be an increase in the service charge from $147 (tip access charge) to $543.00 should they elect to take up the offer of a domestic waste management

d)       This service does not incorporate a kerb side bulky goods collection.

e)        Rural residents have access to “one tipping voucher per year”. This allows residents to take up to 3 cubic metres (1 box trailer load) of bulky household waste to the Nambucca Waste Management Facility for free disposal.

 

 


 

ITEM 11.6    SF2456              120418      Macksville Hospital - Provision of Water and Sewerage Infrastructure

148/18 RESOLVED:        (Ainsworth/Finlayson)

 

That Council:

 

1        Seek Expressions of Interest from suitably qualified contractors for the design and construction of the recommended water and sewerage options for servicing the proposed new Macksville Hospital as detailed in the concept design report prepared by GHD and dated March 2018.

 

2        Make a submission to the Safe and Secure Water Program for funding of a design and construct contract for the installation of the required infrastructure.

 

 

 

ITEM 11.7    SF818                120418      Modification to Bowra Dam Operational Licence to allow capture of rainfall runoff during high rainfall events.

149/18 RESOLVED:        (Smyth/Finlayson)

 

That Council:

 

1        Request GHD to provide an updated fee offer for the documentation of an amended REF that satisfies the requirements of the Office of Environment and Heritage and incorporates the findings of the dam modelling report.

 

2        Provide delegated authority to the Assistant General Manager – Engineering Services to engage GHD to complete the revised REF subject to the fee offer being considered reasonable.

 

3        On completion of the REF make a further submission to DPI – Water seeking an amendment to the Bowra Dam operating licence to allow for the capture of rainfall runoff from rainfall events greater than 75mm.

 

 


 

 

ITEM 11.8    T012/2017           120418      Tender T012/2017 for the design and construction of an upgrade to improve wastewater quality at Bowraville Sewage Treatment Plant

150/18 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council accept the tender submitted by Aquatec Maxcon for Tender T012/2017 for the design and construction of an upgrade to improve wastewater quality at Bowraville Sewage Treatment Plant in accordance with the recommendations of the tender assessment report.

 

2        That Council endorse the tender evaluation as provided within the confidential report for T012/2017 – Design and construction of an upgrade to improve wastewater quality at Bowraville Sewage Treatment Plant.

 

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

 

4        That Council make representation to the Member of Oxley seeking her support for reconsideration of additional grant funding consistent with 50% contribution to the project.

 

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

                                      (Total 9)

 

Against the motion:         Councillors Nil

                                      (Total 0)

 

 

 

ITEM 11.9    T015/2017           120418      Tender T015/2017 Construction of Public Amenities at Valla Beach Reserve

151/18 RESOLVED:        (Reed/Finlayson)

 

1        That Council accept the tender submitted by Costa Builders Pty Ltd for T015/2017 – Construction of Public Amenities at Ocean Drive, Lions Park Valla Beach.

 

2        That Council endorse the tender evaluation as provided within the confidential report for      T015/2017 – Construction of Public Amenities at Ocean Drive, Lions Park Valla Beach.

 

3        Council allocate an additional $30,000.00 from working funds to cover the additional costs of sundries comprising of a new environmental sewer pump station, removal of absorption trench, project management, structural design and the higher than anticipated tender price.

 

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

 

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

                                      (Total 9)

 

Against the motion:         Councillors Nil

                                      (Total 0)

 

 


 

 

ITEM 11.10   T001/2018           120418      Tender T001/2018 Alterations and Additions at the Eungai Rail Fire Station

152/18 RESOLVED:        (Finlayson/Ainsworth)

 

1        That Council accept the tender submitted by Costa Builders Pty Ltd for T001/2018 – Alterations and Additions at the Eungai Rail Fire Station.

 

2        That Council endorse the tender evaluation as provided within the confidential report for      T001/2018 – Alterations and Additions at the Eungai Rail Fire Station.

 

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

 

4        That Council note that the works may not be finalised until the second week in July which potentially may require some funds to be revoted for the final payment of the contract.

 

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

                                      (Total 9)

 

Against the motion:         Councillors Nil

                                      (Total 0)

 

 

     

 

Assistant General Manager Corporate Services Report - LATE

 

ITEM 10.5    SF25                  120418      Donations Program (Section 356) 2018/2019 - Application for Approval for Waste Services - E J Biffin Committee of Management

153/18 RESOLVED:        (Reed/Ainsworth)

 

That Council approves the application for provision of additional waste services for one-off events/regular events for E J Biffin Fields Committee of Management.

 

 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

154/18 RESOLVED:        (Ainsworth/Ballangarry)

 

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:

 

 


 

 

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    T012/2017           120418      Tender T012/2017 - Design and Construction of an upgrade to improve wastewater quality at Bowraville Sewage Treatment Plant - Confidential Report

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    SF2432              120418      Tender T015/2017 Construction of Public Amenities at Valla Beach Reserve - Confidential Report

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 12.3    SF2432              120418      Tender T001/2018 Alterations and Additions at the Eungai Rail Fire Station - Confidential Report

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.

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.4    SF1549              120418      Incidents Pertaining to Regulatory Non-Compliance, Fines, Penalties, Prosecutions, Potential Major Claims or Loss of Reputation

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) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.5    SF2303              120418      Review of the Capacity of the Finance Section

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) (a) of the Local Government Act, 1993, on the grounds that the report contains personnel matters concerning particular individuals.


 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.6    PV6/2018           120418      Recruitment Proposal from Blackadder Associates Pty Ltd for the Replacement of the Assistant General Manager Corporate Services

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 12.7    SF839                120418      General Manager Annual Review April 2017 to April 2018 and Determination of the General Manager's Performance Agreement for 2018/19

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) (a) of the Local Government Act, 1993, on the grounds that the report contains personnel matters concerning particular individuals.

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.8    SF839                120418      General Managers 2017/18 Performance Review and 2018/19 Performance Agreement - attachments

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) (a) of the Local Government Act, 1993, on the grounds that the report contains personnel matters concerning particular individuals.

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 9.38 pm.

 

 

RESUME IN OPEN MEETING

155/18 RESOLVED:        (Ainsworth/Finlayson)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at  9.57 pm.

 

 


 

FROM COUNCIL IN CLOSED MEETING

 

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    T012/2017           120418      Tender T012/2017 - Design and Construction of an upgrade to improve wastewater quality at Bowraville Sewage Treatment Plant - Confidential Report

156/18 RESOLVED:        (Ainsworth/Reed)

 

1        That Council award the contract for Tender T012/2017 for the design and construction of an upgrade to improve wastewater quality at Bowraville Sewage Treatment Plant to Aquatec Maxcon Pty Ltd.

 

2        That Council endorse the tender evaluation as provided in the confidential report for the   Tender T012/2017.

 

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

 

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

                                      (Total 9)

 

Against the motion:  Councillors Nil

                                      (Total 0)

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF2432              120418      Tender T015/2017 Construction of Public Amenities at Valla Beach Reserve - Confidential Report

157/18 RESOLVED:        (Ainsworth/Reed)

 

1        That Council accept the tender submitted by Costa Builders Pty Ltd for T015/2017 – Construction of Public Amenities at Ocean Drive, Lions Park Valla Beach for the Lump Sum Price of $162,504.00 (one hundred and sixty two thousand, five hundred and four dollars only) GST exclusive.

 

2        That Council update the Contract Register.

 

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

                                      (Total 9)

 

Against the motion:  Councillors Nil

                                      (Total 0)

 

 

 


 

For Confidential Business Paper in Closed Meeting

ITEM 12.3    SF2432              120418      Tender T001/2018 Alterations and Additions at the Eungai Rail Fire Station - Confidential Report

158/18 RESOLVED:        (Jenvey/Reed)

 

1        That Council accept the tender submitted by Costa Builders Pty Ltd for T001/2018 – Alterations and Additions at the Eungai Rail Fire Station for the Lump Sum Value of $190,735.00 (one hundred and ninety thousand, seven hundred and thirty five dollars only) GST exclusive.

 

2        That Council update the Contract Register.

 

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

                                      (Total 9)

 

Against the motion:  Councillors Nil

                                      (Total 0)

 

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.4    SF1549              120418      Incidents Pertaining to Regulatory Non-Compliance, Fines, Penalties, Prosecutions, Potential Major Claims or Loss of Reputation

159/18 RESOLVED:        (Finlayson/Ainsworth)

 

That the information concerning incidents pertaining to regulatory non-compliance, fines, penalties, prosecutions, potential major claims or loss of reputation be received.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.5    SF2303              120418      Review of the Capacity of the Finance Section

160/18 RESOLVED:        (Ainsworth/Finlayson)

 

There be a further report to Council on actions arising out of the report, “An Internal Review of the Capacity of the Finance Section to Meet Operational Requirements”.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.6    PV6/2018           120418      Recruitment Proposal from Blackadder Associates Pty Ltd for the Replacement of the Assistant General Manager Corporate Services

161/18 RESOLVED:        (Finlayson/Ainsworth)

 

That the information in closed report being the recruitment proposal from Blackadder Associates Pty Ltd be received (as per the recommendation in open meeting).

 

 

 

 

General Manager, Mr Michael Coulter left the meeting before the commencement of this item, the time being 9.48 PM.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.7    SF839                120418      General Manager Annual Review April 2017 to April 2018 and Determination of the General Manager's Performance Agreement for 2018/19

162/18 RESOLVED:        (Ainsworth/Jenvey)

 

1        That the report from the Performance Review Committee on the outcomes of the annual Review of the General Manager’s Performance Agreement April 2017 to April 2018 circulated in the Late Confidential Agenda be received and noted.

 

2        That the General Manager’s 2018/19 Performance Agreement circulated in the Late Confidential Agenda be endorsed.

 

3        That the minutes provide for the following Mayoral comment to be made in open Council.

 

“Council’s General Manager is employed under a Contract of Employment, which is in the standard format required by the Department of Premier and Cabinet. – Office of Local Government.

 

A requirement of that contract is for reviews to be undertaken of the General Managers performance.

 

Council appointed a Performance Review Committee to undertake these reviews – I am on that committee, together with all Councillors.

 

As required under the Departments Guidelines, members of the Performance Review Committee attended training in performance management prior to undertaking the General Managers review.

 

We undertook a detailed review of the General Managers performance for the 2017/18 financial year, based on his Performance Agreement with Council. That review was held on Monday 19 March 2018.

 

The outcome of that review was an overall rating of above satisfactory.

 

In accordance with Guidelines issued by the Department of Premier and Cabinet, the details of this review are to be reported to Council in Closed session, and all associated documents are to remain confidential.

 

On behalf of all Councillors, I wish to thank the General Manager for his efforts and support, which are very much valued by Council. It is not an easy job, and we appreciate the contributions he has made and the leadership he provides.”

 

 

General Manager, Mr Michael Coulter returned to the meeting at the completion of this item, the time being 9.57 PM.

 

 

 


 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 9.59 pm. 

 

Confirmed and signed by the Mayor on 26 April 2018.

 

 

 

 

 

Cr Rhonda Hoban

MAYOR

(CHAIRPERSON)