PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM (Deputy Mayor)

Cr Brian Finlayson

Cr Susan Jenvey

Cr David Jones

Cr Janine Reed

Cr Anne Smyth

Cr John Wilson

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Lorraine Hemsworth (Minute Secretary)

Paul Gallagher (AGM Engineering Services)

 

 

 

PRAYER

 

Reverend Clyde Appleby - Minister for the Macksville Anglican Church offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Mr Michael Coulter declared a Non Pecuniary – Significant Conflict interest in Item 9.4 Revised Plan of Management – Adin Street Reserve, Scotts Head under the Local Government Act as he is the Secretary of the Macksville-Scotts Head Surf Lifesaving Club.  He is involved in organising events which from time to time may require use of the Adin Street Reserve for overflow parking. Mr Coulter left the meeting for this Item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 28 June 2018

296/18 RESOLVED:        (Wilson/Reed)

 

That the minutes of the Ordinary Council Meeting of 28 June 2018 be confirmed.

 

 

 

NOTICE OF MOTION - CR Hoban

ITEM 5.1      SF2433              120718      NOTICE OF MOTION - Trial Opening of Nambucca Heads Library between Christmas 2018 and New Year 2019

297/18 RESOLVED(Hoban/Jenvey)

 

That Council open the Nambucca Heads Library between Christmas and New Year 2018 as a trial to determine the level of use and whether one or both of our libraries should be open during this time period into the future.

 

 

 

NOTICE OF MOTION - CR Smyth

ITEM 5.2      SF2433              120718      NOTICE OF MOTION - Cr Anne Smyth - Request for Leave of Absence from Wednesday 18 to 30 July 2018

298/18 RESOLVED:        (Smyth/Jenvey)

 

That Cr Anne Smyth be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period Wednesday 18 July to Monday 30 July 2018 inclusive.

 

 

  

DELEGATIONS

RECOMMENDATION

 

That the following delegations be heard:

 

 

9.1 & 9.14  Development Application DA2017/179 - Telecommunication Towers and Late Report

         

          Vista Way (Water Tower) - Against the Development:

          i   Rama Gennat

          ii  Moira Ryan

 

                   Vista Way (Water Tower) - For the Development:

                   iii  Neil McLeod

 

                   1079 Scotts Head Road, Scotts Head - Against the Development:

          iv   Dave Perry

         

          1079 Scotts Head Road, Scotts Head - For the Development:

          v   Pauline Cox

          vi  Howard Game – Optus’ National Site Acquisition & Regulatory Manager (Mobile Network Deployment)

 

9.2     DA2018/053 Proposed Alterations and Additions to Dwelling House at 22 Matthew Street, Scotts Head Lot 3 Section B DP 17707

          vii  David Brewester

9.4     Revised Plan of Management Adin Street Reserve Scotts Head

                   viii   Chris Mattick – Chairperson Adin Street Reserve Committee of Management

 

 

Delegations:

9.1 & 9.14  Development Application DA2017/179 - Telecommunication Towers and Late Report

         

          Vista Way (Water Tower) - Against the Development:

          i   Rama Gennat addressed Council with prepared notes being placed on File TRIM 25193/2018

          ii  Moira Ryan addressed Council with prepared notes being placed on File TRIM 25377/2018

 

                  

                   Vista Way (Water Tower) - For the Development:

                   iii  Neil McLeod addressed Council with prepared notes being placed on File TRIM 25380/2018

 

                  

                   1079 Scotts Head Road, Scotts Head - Against the Development:

          iv   Dave Perry addressed Council with prepared notes being placed on File TRIM 25175/2018

         

          1079 Scotts Head Road, Scotts Head - For the Development:

          v   Pauline Cox addressed Council with prepared notes being placed on File TRIM 24842/2018

          vi  Howard Game – Optus’ National Site Acquisition & Regulatory Manager (Mobile Network Deployment) addressed Council with prepared powerpoint being placed on File TRIM 25177/2018

 

 

ITEM 9.1      DA2017/179        120718      Development Application DA2017/179 - Telecommunication Towers

This Item was considered in conjunction with Item 9.14.

 

General Manager Report - LATE

 

ITEM 9.14    DA2017/179        120718      Development Application DA2017/179 - Telecommunication Towers - Late Report

299/18 RESOLVED:        (Finlayson/Ainsworth)

 

That Council as the consent authority, pursuant Section 4.16 of the Environmental Planning and Assessment Act 1979 (the Act), grant consent for Development Application 2017/179 for the construction of a telecommunications facility on Lot 3 DP 1147417 - 1079 Scotts Head Road, Scotts Head subject to the conditions contained within the attachment.

 

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

 

For the Motion:                      Councillors Ainsworth, Finlayson, Hoban, Reed and Wilson

Total (5)

Against the Motion:                Councillors Ballangarry, Jenvey, Jones and Smyth

Total (4)

 

 

 

 

Delegations Continued:

9.2     DA2018/053 Proposed Alterations and Additions to Dwelling House at 22 Matthew Street, Scotts Head Lot 3 Section B DP 17707

          vii  David Brewster addressed Council with prepared notes being placed on File TRIM 25379/2018


 

 

ITEM 9.2      DA2018/053        120718      DA2018/053 Proposed Alterations and Additions to Dwelling House at 22 Matthew Street, Scotts Head Lot 3 Section B DP 17707

300/18 RESOLVED:        (Ainsworth/Finlayson)

 

That Council as the consent authority, pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979, grant development consent subject to conditions provided as Attachment 6.

 

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

 

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

Total (7)

Against the Motion:                Councillors Ballangarry and Jones

Total (2)

 

 

 

Delegations Continued:

 

Mr Michael Coulter left the meeting before the commencement of this item, the time being 6:47 PM

 

9.4     Revised Plan of Management Adin Street Reserve Scotts Head

viii   Chris Mattick – Chairperson Adin Street Reserve Committee of Management

addressed Council with prepared notes being placed on File TRIM 25323/2018

 

ITEM 9.4      PRF10                120718      Revised Plan of Management Adin Street Reserve Scotts Head

301/18 RESOLVED:        (Reed/Smyth)

 

That Council defer the Plan of Management for the Adin Street Reserve and to seek further information.

 

Mr Michael Coulter returned to the meeting at the completion of this item, the time being 7:04 PM

 

 

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 was considered in conjunction with the Late report 9.14 and dealt with earlier in the meeting under Delegations.

 

 

Item 9.2 was dealt with under delegations.

 

 

ITEM 9.3      SF46                  120718      Scotts Head Remembrance Wall

302/18 RESOLVED      (Hoban/Reed)

 

1        That Council defer consideration of a memorial wall until a further report is received which considers in detail the plans submitted by Rupert Milne Holme including indicative costings and potential sources of funding.

 

2        That there be consultation with the Local Aboriginal Land Councils and Native Title Claimants in relation to the plans.

 

 

Item 9.4 was dealt with earlier in the meeting under Delegations.

 

 

Councillor Janine Reed left the meeting before the commencement of this item, the time being 7:14 PM

 

ITEM 9.5      SF959                120718      Outstanding Actions and Reports

303/18 RESOLVED:        (Ainsworth/Finlayson)

 

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

 

2        That Council thank the Mid North Coast Local Health District for recruiting Dr Jayne Schofield and Dr Ryan Partridge to work in Bowraville.

 

Councillor Janine Reed returned to the meeting at the completion of this item, the time being 7:17 PM

 

 

ITEM 9.6      SF621                120718      Notification of Aboriginal Land Claims

304/18 RESOLVED:        (Ainsworth/Finlayson)

 

That Council advise the Department of Industry – Lands and Forestry that it has no interest in Claim no. 45770 and Claim no. 45769 and provide relevant evidence to the Department of Industry – Lands and Forestry, Aboriginal Land Claim Investigation Unit (ALCIU) that the land the subject of Claim no. 45766 is used for the essential public purpose of a cemetery and further that the property descriptions provided for Claim no. 45767 and 45768 pertain to privately owned land.

 

 

 

ITEM 9.7      SF983                120718      Notice of an Application for the Protection of Bellwood Sacred Site

305/18 RESOLVED:        (Finlayson/Reed)

 

That Council note the information pertaining to the notice of an application for the protection of a specified area, being the area known as the Bellwood Sacred Site.

 

 

 

 

ITEM 9.8      SF66                  120718      Audit Arrangements for 2018-19 and Beyond

306/18 RESOLVED:        (Wilson/Finlayson)

 

That Council note the information concerning the proposed audit arrangements for 2018-19 and beyond.

 

 

 

 

ITEM 9.9      SF2423              120718      Development Applications greater than 12 months or where submissions received - to 4 July 2018

307/18 RESOLVED:        (Ainsworth/Wilson)

That the information contained in the report on Development Applications greater than 12 months or where submissions have been received as at 20 June 2018 be noted by Council.

 

 

ITEM 9.10    PRF47                120718      Results of Australian White Ibis Management Plan Dawkins Park - Year 1

 MOTION:     (Finlayson/Jenvey)

 

1        That Council endorse the continuation of the Ibis Management program for 18/19 period.

 

2        That funds be sourced from the 2018/19 budget already allocated for Dawkins Park improvements.

 

Motion was withdrawn.

 

308/18 Resolved:        (Ainsworth/Reed)

 

1        That Council endorse the continuation of the Ibis Management program for 18/19 period.

 

2        That funds be sourced from the 2018/19 budget already allocated for Dawkins Park improvements.

 

3        That Council review the Master Plan for Dawkins Park including the possibility of providing a foot bridge to the islands in Dawkins Lake and Ibis Management to be by Council staff.

 

 

 

ITEM 9.11    SF1897              120718      Scotts Head Events Committee of Management - Decision to become Incorporated and request to retain funds

309/18 RESOLVED:        (Finlayson/Ainsworth)

 

1        Council note and endorse Scotts Head Events Committee of Management’s intent to transition to an Incorporated Association.

 

2        That the Section 355 Committee be disbanded once an Incorporated Association has been established.

 

3        That Council agree, subject to the appropriate process, to the transfer all funds currently held by the Scotts Head Events Committee of Management to the newly Incorporated Association once established and upon presentation of evidence of Incorporation.

 

 

 

ITEM 9.12    SF1120              120718      Grant Application Status Report

310/18 RESOLVEDS:      (Reed/Wilson)

 

That Council receive the list of grant applications to 30 June 2018.

 

 

 

 

ITEM 9.13    SF251                120718      Schedule of Council Public Meetings 2018

311/18 RESOLVED:        (Ainsworth/Reed)

 

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

 

 

 

Late Item 9.14 was dealt with earlier in the meeting under Delegations.

 

 

Assistant General Manager Corporate Services Report

ITEM 10.1    SF588                120718      Nambucca District Historical Society Committee of Management - President

312/18 RESOLVED:        (Ainsworth/Reed)

 

That Council note the appointment of Ms Carrolline Rhodes as President of the Nambucca District Historical Society Committee of Management.

 

 

     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

313/18 RESOLVED:        (Ainsworth/Reed)

 

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

 

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

 

Reason reports are in Closed Meeting:

 

 

 


 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 11.1    SF1549              120718      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 8.05 pm.

 

RESUME IN OPEN MEETING

314/18 RESOLVED:        (Ainsworth/Wilson)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at  8.33 pm.

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 11.1    SF1549              120718      Incidents Pertaining to Regulatory Non-Compliance, Fines, Penalties, Prosecutions, Potential Major Claims or Loss of Reputation

315/18 RESOLVED:        (Ainsworth/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 8.35 pm. 

 

Confirmed and signed by the Mayor on 26 July 2018.

 

 

 

 

Cr Rhonda Hoban

MAYOR

(CHAIRPERSON)