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 (Assistant General Manager Engineering Services)

Heather Leclercq (Minute Secretary)

 

 

 

DISCLOSURE OF INTEREST

 

General Manager Michael Coulter declared a non-pecuniary - significant conflict of interest in Item 9.10 under the Local Government Act as an objector to DA2017/272 is a member of Michael Coulter’s voluntary Surf Life Saving patrol at Scotts Head.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 12 April 2018

163/18 RESOLVED:        (Wilson/Ballangarry)

 

That the minutes of the Ordinary Council Meeting of 12 April 2018 be confirmed, with the following amendment:

 

·         Page 10     Resolution 116/18     Item 9.13      DA2016/142 Modification of Development Consent - Against the Motion

 

            The Mayor requested that her vote be recorded against because of implications for traffic adjoining the development and the adverse precedent it sets for the future industrial and commercial development in the Shire.

 

 

 

PUBLIC FORUM

 

RECOMMENDATION:

 

That the following delegation be heard:

 

i         Mr Lawrie Medbury – Roadside spraying of toxic chemicals on North Arm Road Girralong

 

 


 

 

PUBLIC FORUM

 

Mr Lawrie Medbury addressed Council relating to the use of toxic chemicals for roadside spraying along North Arm Road at Girralong and a copy of his letter dated 17 April 2018 received by Council on 19 April 2018 (TRIM 13772/2018) was provided to Councillors.

 

                   SF1030        260418         Roadside Spraying Exclusions at 2751 North Arm Road Girralong

164/18 RESOLVED:        (Hoban/Smyth)

 

That Mr Medbury receive a written response from the Assistant General Manager Engineering Services to each of these questions and a copy of the response be circulated to all Councillors.

 

 

 

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      SF2327              260418      Nambucca Shire Library Strategic Plan - Establishing a Preferred Direction

MOTION       (Ainsworth/Wilson)

 

That Council receive and note the Interim Report and indicate its preferred position for the future delivery of Library Services is Scenario 1.

 

AMENDMENT:  Jenvey/Smyth

 

That Nambucca Shire Council develops a Plan Of Library Investment based on Scenario 1 of NSC Library Strategic Plan.  The plan would identify short, medium and long term actions, with outcomes to be based on grant dependency.

 

That Nambucca Shire Council proceed with Nambucca Library grants process, and prepares a business case for pop-ups and a digital hub.  That it fills vacant positions including a new Library Team Leader position.

 

The amendment was LOST.

 

165/18 RESOLVED:        (Ainsworth/Wilson)

 

That Council receive and note the Interim Report and indicate its preferred position for the future delivery of Library Services is Scenario 1.

 

 

 

 

 

 

ITEM 9.7      SF2460        260418         LEP & DCP Amendments - Horticulture, Clause 4.2A & Tree                           Preservation

166/18 RESOLVED:        (Ainsworth/Reed)

 

That Item 9.7 LEP and DCP Amendments – Horticulture, Clause 4.2A and Tree Preservation be brought forward.

 

 

 

ITEM 9.7      SF2460              260418      LEP & DCP Amendments - Horticulture, Clause 4.2A & Tree Preservation

Motion:      (Smyth/Jones)

 

1        Council staff forward the planning proposal contained within attachment 1 to the Minister for gateway determination in accordance with section 3.34 of the Environmental Planning and Assessment Act 1979.

 

2        If the Minister determines that the matter should proceed, Council staff undertake community consultation in accordance with the gateway determination.

 

3        Following community consultation, Council staff report the planning proposal back to Council for consideration of any submissions received and a final decision as to whether Council will proceed to make the planning proposal. 

 

4        Council endorse the draft amendments to the Nambucca Development Control Plan 2010 (DCP) contained within attachment 2 and exhibit the draft DCP for 28 days pursuant to Part 3 of the Environmental Planning & Assessment Regulation 2000.

 

5        The draft DCP be reported back to Council following the completion of the exhibition period for consideration of any submissions received and a final decision as to whether Council will proceed to amend the DCP.

 

Amendment:       (Finlayson/Ainsworth)

 

Council’s planning staff be requested to prepare further draft amendments to the LEP which will reflect the following provisions:

 

1          Horticulture in areas zoned RU1 and RU2 will be subject to a development application but no application will be required if landowner complies with following requirement, namely:

 

a      no horticulture (including erection of netting) to take place within a radius of 100 metres of existing house on adjoining land

 

b      the 100 metres is to be measured from that house, not the boundary

 

2          Horticulture in areas zoned R5 will be subject to a development application and any approval shall include inter alia the following provisions:

 

a      where the property adjoins other land zoned RU1 or RU2 but where there is no existing house, no buffer will be required. No horticulture will be carried out within a radius of 100 metres of any existing house, the 100 metres being measured from the house, not the boundary

 

b      where the property adjoins other land zoned R5 which is vacant no horticulture will take place (including erection of netting) within 20 meters of the boundary and that 20 metres shall contain a 10 metre vegetative buffer.

 

 

c      No building envelope shall be permitted to be located within 40 metres of a boundary on the other side of which horticultural activities have been permitted.

 

d      when the property adjoins land zoned R5 on which houses are located, no horticulture will be permitted within a radius of 50 metres of that house (such radius measured from the house) and there shall be a vegetative buffer provided along the boundary of the said radius within the land where horticulture is to take place.

 

3        The applicant will ensure that any operations on the property requiring the use of chemicals shall be under the supervision of a person who is the holder of a Farm Safety Management Certificate and an Agricultural Chemical Users Certificate.

 

4        No bird netting shall be erected anywhere in the shire of a colour other than black.

 

5        S149 Certificates issued by Council will be amended accordingly so that potential purchasers of property are put on notice of these requirements.

 

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

 

AMENDMENT        (Smyth/Jones)

 

That Council defer the matter to a workshop to enable consideration to be provided to the proposal put forward by Cr Finlayson.

 

167/18 resolved:        (Smyth/Jones)

 

That Council defer the matter to a workshop to enable consideration to be provided to the proposal put forward by Cr Finlayson.

 

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

                                                Total (9)

 

Against the Motion:         Nil

                                      Total (0)

 

 

 


 

 

ITEM 9.2      SF2432              260418      T003/2018 Tender Submission - Construction Civil Works 13 Lot Subdivision Hyland Park

168/18 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council accept the tender submitted by NorthPipe Constructions Pty Ltd for T003/2018 – Civil Construction 13 Lot Residential Subdivision Hyland Park for the Lump Sum Price presented in the tender summary within the confidential report.

 

2        That Council endorse the tender evaluation as provided within the confidential report for T003/2018 – Civil Construction 13 Lot Residential Subdivision Hyland Park.

 

3        Council note that a revote of existing allocated funds in the 2017/18 budget will be required at 30 June 2018 as the project is proposed to commence week starting 14 May 2018 and projected to completion on the week of 20 August 2018 (weather permitting).

 

4        Council allocate an additional amount of $221,500.00 in the 2018/19 budget to finalise the contractor payments after all work inspections are completed 27 August 2018 (weather permitting).

 

5        That Council approve preparing the contracts for sale for 13 lots with Council seal attached.

 

6        That Council approve delegated authority for the General Manager, Mayor and Manager Business Development to gain best land price value for sale of each lot.

 

7        That Council update the Contract Register (TRIM: 31325/2016).

 

8        That Council note the information contained in Item 12.1 in Closed.

 

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

                                      Total (9)

 

Against the Motion:         Nil

                                      Total (0)

 

 

 

ITEM 9.3      SF959                260418      Outstanding Actions and Reports

169/18 RESOLVED:        (Ainsworth/Reed)

 

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

 

 

 


 

 

ITEM 9.4      SF764                260418      Request for consent to sublease of Shop 1, Riverside Drive, Nambucca Heads being part of Crown Reserve 85113 to Rintoul

170/18 RESOLVED:        (Wilson/Jenvey)

 

1        That Council in its capacity as Reserve Trust Manager 85113 endorse the proposed sub lease of 1/866932 and 2/866932 PART, being part of Reserve 85113 for Public Recreation notified 20 November 1964 and known as Shop 1 (The Beachcomber Boat Shed) to Tracey Lee Rintoul and Robert Steward Rintoul for a period of less than 3 years commencing 27 November 2018 to align with the other 2 existing Leases not exceeding past the Head Lease 7 November 2021 on Reserve 85113.

 

2        That Council authorise the General Manager and the Mayor to execute and affix Council’s seal on the sub lease of 1/866932 PART, being part of Reserve 85113 for Public Recreation notified 20 November 1964 and known as Shop 1 (The Beachcomber Boat Shed) to Tracey Lee Rintoul and Robert Steward Rintoul for a period not exceeding the Head Lease terminating 7 November 2021 with no option.

 

 

 

ITEM 9.5      SF97                  260418      Review of Alcohol Free Zone at Visitor Information Centre and Surrounds Nambucca Heads

171/18 RESOLVED:        (Finlayson/Ainsworth)

 

That Council establishes an Alcohol Free Zone under Section 644 of the Local Government Act in the area surrounding the Nambucca Valley Visitor Information Centre described as follows; Riverside Drive west of its intersection with Woodbell Street to Giinagay Way; the Giinagay Way Underpass at Bellwood Creek; west and then south-west of the Visitor Information Centre through the foreshore road reserves known as Quota and Brotherhood Parks.

 

 

 

ITEM 9.6      DA1998/020        260418      Deferred Developer Contribution Payments

172/18 RESOLVED:        (Finlayson/Reed)

 

1        That Council enter into a Deed of Agreement with Mr Robert Yandell (RRP Properties Pty Ltd) for deferral of developer contributions to be paid on settlement of each subdivided lot with Council’s interest in the payment of such contributions being “secured” by a deed of agreement for a maximum of 21 lots associated with development consent DA1998/020.

 

2        That Council’s seal be attached to the Deed of Agreement between Council and RRP Properties Pty Ltd as required.

 

3        That Council not enter into a Deed of Agreement with Mr David Catchpole for deferral of developer contributions associated with development consent DA2017/263.

 

For the Motion:                         Crs Hoban, Ainsworth, Finlayson, Reed, and Wilson Total (5).

 

Against the Motion:         Crs Ballangarry, Jenvey, Jones and Smyth Total (4).

 

 


 

 

Item 9.7 dealt with earlier in the meeting.

 

 

 

ITEM 9.8      SF1204              260418      Information Sign Deep Creek - Outstanding Actions

173/18 RESOLVED:        (Reed/Wilson)

 

1        That Council allocate $13,500 from the Environmental Levy Reserve for the installation of a shelter, seating and interpretive information at the Valla Beach Road car park at South Valla Beach;

 

2        In the 2018/19 financial year two (2) smaller information boards will be placed in the reserve at the bottom of Thompson Street and at or near the Valla footbridge near the Lions Reserve.

 

 

 

ITEM 9.9      SF688                260418      Interim Draft Environmental Levy Budget 2018/19

174/18 RESOLVED:        (Ainsworth/Finlayson)

 

That Council note the draft budget proposed for the Environmental Levy for 2018/19 financial year.

 

 

 

General Manager, Michael Coulter, left the meeting before the commencement of this item, the time being 6:49 PM.

 

 

 

ITEM 9.10    SF2423              260418      Development Applications greater than 12 months or where submissions received -  to 18 April 2018

175/18 RESOLVED:        (Ainsworth/Reed)

That the information contained in the report on Development Applications greater than 12 months or where submissions have been received as at 18 April 2018 be noted by Council.

 

 

 

General Manager, Michael Coulter, returned to the meeting at the completion of this item, the time being 6:50 PM.

 

 

 

ITEM 9.11    SF1031              260418      Review of Council's Climate Change Policy

176/18 RESOLVED:        (Smyth/Jenvey)

 

1        That Council note that the draft Climate Change Policy is to be reported to the Estuary Committee and the Clean Energy Committee in May for their consideration and comments.

 

2        That Council note that the draft Climate Change Policy will be reported back to Council following this consultation to enable the required 28 day public exhibition.

 

 

 

 

ITEM 9.12    SF2469              260418      Community Wide Greenhouse Gas Profile Project

177/18 RESOLVED:        (Jenvey/Smyth)

 

That Council note the inclusion of Nambucca Shire Council in the NSW Office of Environment and Heritage’s Community Emissions Profile Pilot Project with the required funding of $2,500 to come from funds remaining in the State of the Environment Report allocation from the Environmental Levy.

 

 

 

ITEM 9.13    SF1148              260418      Council Ranger's Report March 2018

178/18 RESOLVED:        (Ainsworth/Finlayson)

 

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

 

 

 

Assistant General Manager Corporate Services Report

ITEM 10.1    SF251                260418      Schedule of Council Public Meetings 2018

179/18 RESOLVED:        (Wilson/Ballangarry)

 

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    SF722                260418      Reconciliation of the March 2017 Storm Event

180/18 RESOLVED:        (Ainsworth/Reed)

 

1        That Council allocate an amount of $115,607.09 from working funds for emergency repairs that were excluded from natural disaster funding as damage did not adhere to the guidelines of the natural disaster funding arrangements.

 

2        That Council write off the debtor amount of $115,607.09 attributed to the RMS for emergency repairs undertaken in 2016/17 financial year by Council on the rural unsealed road network.

 

3        That Council allocate an amount of $18,000 from working funds to repair an unfunded slippage on Newee Creek Road.

 

 

 


 

 

ITEM 11.2    SF1575              260418      Asset Management Plans for Sealed Roads and Buildings

181/18 RESOLVED:        (Finlayson/Ainsworth)

 

1        That Council receive and note the presentation on the Asset Management Plans for Sealed Roads and Buildings.

 

2        That Council place the Asset Management Plans for Sealed Roads (TRIM 13651/2018) and Buildings (TRIM 13649/2018) on public exhibition and receive a further report following the completion of the public exhibition.

 

 

 

ITEM 11.3    SF453                260418      Waste Management Household Chemical Collections

182/18 RESOLVED:        (Ainsworth/Wilson)

 

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

 

2        That Council does not accept oil column heaters at the Nambucca Waste Management Facility unless the following steps have been undertaken:

·           The oil is drained from the unit into a suitable sealed container for transporting to the facility prior to disposal at the Community Recycling Centre (CRC)

·           The empty column heater can then be received at the facility and placed into the scrap metal section for collection and recycling by Council’s contractor.

 

3        That Council note that the NSW EPA who conduct the Household Chemical CleanOut Program which will accept oil column heaters have no immediate programs planned for the Nambucca Shire.

 

 

      

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 6.58pm.

 

Confirmed and signed by the Mayor on 17 May 2018.

 

 

 

 

Cr Rhonda Hoban

MAYOR

(CHAIRPERSON)