PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth (Arrived 5.40 pm)

Cr Martin Ballangarry OAM (Deputy Mayor)

Cr Brian Finlayson

Cr Susan Jenvey

Cr David Jones

Cr Anne Smyth

Cr John Wilson

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Lorraine Hemsworth (Minute Secretary)

Paul Gallagher (AGM Engineering Services)

 

 

 

APOLOGIES

 

Cr Janine Reed

 

 

 

PRAYER

 

Pastor Paul Richardson (Minister for the Nambucca Heads and Macksville Seventh Day Adventist Churches) offered a prayer on behalf of the Nambucca Minister's Association.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 31 May 2018

247/18 RESOLVED:        (Smyth/Jenvey)

 

That the minutes of the Ordinary Council Meeting of 31 May 2018 be confirmed.

 

 

 


 

NOTICE OF MOTION - CR Hoban

ITEM 5.1      SF2433              140618      Notice of Motion - Locality Name - Valla Urban Growth Area

248/18 RESOLVED:        (Hoban/Jenvey)

 

1        That Council advertise its intention to determine a locality name for the Valla Urban Growth Area (VUGA) and seek naming suggestions from the public.

 

2        That the advertisement include some basic naming guidelines in accordance with Geographical Names Board Policy.

 

3        That Council consult directly with residents in the VUGA area, the Local Aboriginal Land Councils, Muurrbay Aboriginal Language and Culture Co-operative, the Nambucca Heads and Valla Chamber of Commerce and Industry, Nambucca District Historical Society, Valla Beach Community Association, Valla Hall Rural Committee, Nambucca Valley Tourism Association and any other community organisations identified by Councillors or Council staff.

 

4        That Council also seek a report on reinstating the Viewmont locality.

 

 

 

 

NOTICE OF MOTION - CR Hoban

ITEM 5.2      SF2433              140618      Notice of Motion - Closure of Macksville Court to Public on Non Court Sitting Days

249/18 RESOLVED:        (Hoban/Smyth)

 

That Council write to Attorney General and head of the Justice Cluster the Hon Mark Speakman SC MP and the Member for Oxley the Hon Melinda Pavey MP seeking adequate staffing and the reinstatement of Court services during normal business hours from Monday to Friday at Macksville Court House.

 

 

  

DELEGATIONS

RECOMMENDATION

 

That the following delegations be heard:

 

Item 9.9 - Results of Exhibition of the Environmental Levy program 2018/19

i         Mr Gary Soyka

 

Mr Gary Soyka – Addressed Council with prepared notes being placed on File TRIM 21121/2018.

 

Extension of Time for Delegation

250/18: RESOLVED:       (Finlayson/Ballangarry)

 

That there be an extension of time for the delegation.

 

 

 

ITEM 9.9      SF688                140618      Results of Exhibition of the Environmental Levy program 2018/19

251/18 RESOLVED:        (Ainsworth/Wilson)

 

1          That Council note the submissions received to the Environmental Levy.

 

2          That Council apply $15,000 of the Coast and Estuary Funding to the riparian improvements to Hughes Creek.

 

3          That Council seek grant funding through the Office of Environment Heritage to prepare a management plan for Hughes Creek and its immediate catchment.

 

 

 

 

 

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      SF578                140618      Outcome of Inquiry into Zonal Taxation

252/18 RESOLVED:        (Ainsworth/Wilson)

 

1        That information concerning the Final Report of the Inquiry into Zonal Taxation conducted by the NSW Legislative Assembly Committee on Investment, Industry and Regional Development be received.

 

2        That Council request Local Government NSW lobby in support of the adoption of the recommendations in the Final Report of the Inquiry into Zonal Taxation in the run up to the next State election in March 2019.

 

 

 

ITEM 9.2      SF1026              140618      Tender for Local Government Election Services

253/18 RESOLVED:        (Finlayson/Ainsworth)

 

That Council agree to participate in the Regional Procurement tender for the provision of local government election services.

 

 

 


 

ITEM 9.3      SF1856              140618      Board of Local Government NSW - Election to Fill a Casual Vacancy in the Office of Vice President (Rural/Regional Councils)

254/18 RESOLVED:        (Finlayson/Ainsworth)

 

That Council nominate the Mayor and Deputy Mayor to be Council’s voting delegates in the forthcoming election for the Local Government NSW Board position of Vice President (Rural/Regional Councils).

 

 

 

ITEM 9.4      SF2463              140618      Safe and Secure Water Program - Funding for Water & Sewerage to New Macksville Hospital

255/18 RESOLVED:        (Ainsworth/Ballangarry)

 

1        Council note that an application for $ for $ funding for the provision of water and sewerage services to the new Macksville hospital has now been lodged under the State Government’s Growing Local Economies Program.

 

2        Council make representations to the Member for Oxley and Minster for Roads and       Maritime expressing its disappointment that Council has been unsuccessful in a grant        application for $ for $ funding under the Safe and Secure Water Program to provide water and sewerage services to the new Macksville hospital and advising that it has now made a funding application on the same terms under the Growing Local Economies Program.

 

 

 

ITEM 9.5      SF1856              140618      Accounting for Rural Fire Service, State Emergency Services and Surf Life Saving Assets

256/18 RESOLVED:        (Wilson/Ainsworth)

 

That Council provide the NSW Auditor-General with a copy of this report and advise the Auditor-General that if the differences in reporting arrangements for emergency services assets across NSW councils are not resolved in 2018 that Nambucca Shire Council will investigate an accounting policy for the removal of those assets from its assets schedule.

 

 

 

 

ITEM 9.6      SF638                140618      Valla Community Pre-School Inc. - Renewal of Licence Agreement to Occupy Land

257/18 RESOLVED:        (Ainsworth/Ballangarry)

 

1           That Council enter into a new 3 year licence agreement with the Valla Community Pre-School Inc. (including the area for the community garden) with similar terms to the previous licence including that the rent be indexed by the CPI and that Council notify the Valla Beach Community Association of this action.

 

2        That Council’s seal be attached to the licence documents as required.

 

 

 

 

ITEM 9.7      DA2017/291        140618      Development Application DA2017/291 - 3 Adin Street Scotts Head

258/18 RESOLVED:        (Finlayson/Ainsworth)

 

That Council as the consent authority, pursuant to Section 8.4 of the Environmental Planning and Assessment Act 1979, confirm the approval of development consent DA2017/291 for shop top housing at Lot 15 Sec F DP 20823 3 Adin Street, Scotts Head, subject to a change in the conditions of consent as per attachment 1 of this report.

 

Upon being put to the meeting, the motion was declared carried.

 

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

Total (8)

Against the Motion:                Nil

Total (0)

 

 

 

 

ITEM 9.8      SF688                140618      Environmental Levy 2017-18 and other projects

259/18 RESOLVED:        (Wilson/Ainsworth)

 

1        That Council revote remaining funds from WO2838 to finalise grant funded activities to implement parts of the Gordon Park Flying Fox Camp Management Plan.

 

2        That Council revote remaining funds from WO3111 to finalise grant funded activities to prepare the Councils Coastal Zone Management Plan.

 

3        That Council revote remaining funds from WO3047 as works at Dawkins Park will continue into the 2018/19 financial year.

 

4        That Council place unspent funds in WO1970 (Upgrade to Nambucca River Flood Warning System) into reserve until the Bureau of Meteorology is in a position to commence the project. Council note that this will be towards the end of 2018.

 

5        That Council place unspent funds from WO2305 (Macksville Street Tree Planting and Other Items) into reserve until the works are ready to commence in the 2018/19 works program.

 

6        That Council revote remaining funds from WO3066 (Deep Creek Boat Ramp) as Council awaits approval from the Crown for the works.

 

7        That Council revote remaining funds from WO3238 (RSL boat ramp improvements) as Council awaits approval from the Crown for the works.

 

8        That Council use duplicated funds in WO3065 (RSL boat ramp improvements) to support works being undertaken at the V-wall.

 

 

 

 

Item 9.9 was dealt with under Delegation.

 

 

 

ITEM 9.10    SF2423              140618      Development Applications greater than 12 months or where submissions received - to 6 June 2018

260/18 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 6 June 2018 be noted by Council.

 

 

 

 

ITEM 9.11    SF2423              140618      2018 May - Approved Construction and Complying Development Certificates

261/18 RESOLVED:        (Finlayson/Wilson)

 

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

 

 

 

 

 

ITEM 9.12    SF2423              140618      2018 May - Development and Complying Development Applications Received

262/18 RESOLVED:        (Ainsworth/Finlayson)

 

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

 

 

 

 

 

ITEM 9.13    SF2368              140618      Investment Report to 31 May 2018

263/18 RESOLVED:        (Wilson/Ainsworth)

 

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

 

 

 

 

 

ITEM 9.14    SF251                140618      Schedule of Council Public Meetings 2018

264/18 RESOLVED:        (Ballangarry/Smyth)

 

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

 

 

 

Assistant General Manager Corporate Services Report

ITEM 10.1    SF332                140618      Scotts Head Tennis Club Committee of Management - Annual General Meeting - 10 May 2018

265/18 RESOLVED:        (Finlayson/Ballangarry)

 

That Council note the minutes of the Scotts Head Tennis Club Committee of Management Annual General Meeting held on 10 May 2018 and thank the outgoing Committee for their work in the past twelve months.

 

266/18 Resolved:        (Smyth/Ballangarry)

 

That Council write to all Section 355 Committees of Management reminding them that it is Council’s expectation that they consider increasing their fees by the CPI each year.

 

 

 

 

 

Assistant General Manager Engineering Services Report

ITEM 11.1    SF1067              140618      Rock Fishing Safety Act 2016 and Safety Initiative

268/18 RESOLVED:        (Ainsworth/Finlayson)

 

That Council not participate in the Rock Fishing Safety Initiative Program and not have the coastline of the Nambucca LGA declared as an area where life jackets are mandatory in accordance with the Rock Fishing Safety Act 2016 (the Act).

 

 

     

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

269/18 RESOLVED:        (Ainsworth/Wilson)

 

1        That Council consider any written representations from the public as to why the Meeting should not be Closed to the public.

 

2        That Council move into Closed Meeting to discuss the matters for the reason(s) listed below.

 

Reason reports are in Closed Meeting:

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF1549              140618      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.

 

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 6.40 pm.

 

RESUME IN OPEN MEETING

270/18 RESOLVED:        (Wilson/Ainsworth)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at  7.09 pm.

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF1549              140618      Incidents Pertaining to Regulatory Non-Compliance, Fines, Penalties, Prosecutions, Potential Major Claims or Loss of Reputation

271/18 RESOLVED:        (Finlayson/Wilson)

 

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

 

 

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.10 pm. 

 

Confirmed and signed by the Mayor on 28 June 2018.

 

 

Cr Rhonda Hoban

MAYOR

(CHAIRPERSON)