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 John Wilson

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Robert Hunt (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Lorraine Hemsworth (Minute Secretary)

 

APOLOGIES

 

Cr Anne Smyth

 

 

 

PRAYER

 

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

 

 

DISCLOSURE OF INTEREST

 

Councillor Janine Reed declared a pecuniary interest in Item 9.3 New Macksville Hospital Development Application under the Local Government Act as Cr Reed is a member of the Mid North Coast Local Health District Board. Cr Reed left the meeting for this item.

 

Mr Michael Coulter declared a Non Pecuniary – Significant Conflict interest in Item 11.2 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 the organisation of surf carnivals which may require provision for overflow parking and conflict with the objectives of the Committee and Plan of Management.  Mr Coulter left the meeting for this Item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

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

316/18 RESOLVED:        (Wilson/Reed)

 

That the minutes of the Ordinary Council Meeting of 12 July 2018 be confirmed.

 

 

 PUBLIC FORMUM

i         Joe Saliba – Notice of an application for the protection of a specified area, being the area    known as the Bellwood Sacred Site, NSW

Mr Saliba was not present.

 

 

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

Bring Forward Item 9.3 - New Macksville Hospital Development Application

317/18 Resolved:        (Ainsworth/Jones)

 

That Item 9.3 - New Macksville Hospital Development Application be brought forward as a staff member was present.

 

 

Councillor Janine Reed left the meeting before the commencement of this item, the time being 5:34 PM

 

ITEM 9.3      SF542                260718      New Macksville Hospital Development Application

318/18 RESOLVED:        (Wilson/Ballangarry)

 

1        That Council note the information concerning the Development Application and Environmental Impact Statement for the new Macksville Hospital.

 

2        Council continue to make representations to the Member for Oxley, the Premier and senior staff from her Department in relation to $ for $ grant funding for the provision of water and sewerage services to the new Macksville Hospital.

 

3        Council note the proposed expenditure of $20,000 in funding provided by the Department of Premier and Cabinet for the preparation of business cases for grant applications under the Growing Local Economies Program.

 

 

Councillor Janine Reed returned to the meeting at the completion of this item, the time being 5:44 PM

 

 

 

ITEM 9.1      SF959                260718      Outstanding Actions and Reports

319/18 RESOLVED:        (Ainsworth/Finlayson)

 

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

 

 

 

 


 

 

ITEM 9.2      SF2455              260718      Encroachments White Albatross Holiday Park, Nambucca Heads

320/18 RESOLVED:        (Ainsworth/Wilson)

 

1        That the Nambucca Shire Council as Reserve Trust Managers of (R81262) provide support in principle for Land Advisory services (Landas) to request directly to Crown lands for a boundary adjustment shown on the survey provided.

 

2        The Caravan Park be requested to provide Council with a current site plan identifying all dwelling/camp sites, roads, and communal areas, including the sizes of sites (areas and dimensions) and notify Council of any proposed changes to the plan prior to the occurrence.

 

3        That the owner be advised that any future encroachments will be required to be removed immediately.

 

 

 

 

Item 9.3 was dealt with earlier in the meeting.

 

 

 

ITEM 9.4      SF2423              260718      Development Applications greater than 12 months or where submissions received - to 18 July 2018

321/18 RESOLVED:        (Ainsworth/Jenvey)

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

 

 

MOTION:      (Jenvey/Jones)

 

That Council defer deciding on DA 2018/129 until a Council site inspection has been carried out and call in the Development Application.

 

The motion was lost.

 

 

 

 

 

ITEM 9.5      SF2423              260718      2018 June - Approved Construction and Complying Development Certificates

322/18 RESOLVED:        (Finlayson/Reed)

 

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

 

 

 

 

 

ITEM 9.6      SF2423              260718      2018 June - Development and Complying Development Applications Received

323/18 RESOLVED:        (Finlayson/Reed)

 

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

 

 

 

 

 

ITEM 9.7      SF2422              260718      Minutes of the Nambucca Shire Council Access Committee meeting held 22 May 2018

324/18 RESOLVED:        (Jenvey/Jones)

 

1        That Council staff advise whether the steps/tiered seating at Macksville foreshore are steps or seating and also whether they comply with current standards given that they are uneven and vary in width.

 

2        That Council endorse the minutes of the Nambucca Shire Council Access Committee meeting held 22 May 2018.

 

 

 

ITEM 9.8      SF2422              260718      Minutes of the Nambucca Shire Council Access Committee meeting held 26 June 2018

325/18 RESOLVED:        (Wilson/Jones)

 

1        That Council write to the Nambucca Plaza management to advise that the Access Committee has been made aware of the access issues raised and offers its support or advice if needed. 

 

2        That Council write to the Chambers of Commerce and ask if any Chamber business members are interested in being access-friendly appraised given the benefits to business.

 

3        That Council endorse the minutes of the Nambucca Shire Council Access Committee meeting held 26 June 2018.

 

 

 

 

ITEM 9.9      SF1148              260718      Council Ranger's Report June 2018

326/18 RESOLVED:        (Wilson/Finlayson)

 

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

 

 

 

 


 

Assistant General Manager Corporate Services Report

ITEM 10.1    SF2368              260718      Investment Report to 30 June 2018

327/18 RESOLVED:        (Finlayson/Ainsworth)

 

1        That the Accountants’ Report on Investments placed to 30 June 2018 be noted.

 

2        That an invitation be extended to Imperium Markets to address Council.

 

 

 

 

ITEM 10.2    SF251                260718      Schedule of Council Public Meetings 2018

328/18 RESOLVED:        (Reed/Finlayson)

 

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

 

 

 

ITEM 10.3    SF341                260718      Valla Beach Community Association Committee of Management - Annual General Meeting - 16 July 2018

329/18 RESOLVED:        (Jenvey/Wilson)

 

That Council endorse the minutes of the Valla Beach Community Association Committee of Management Annual General Meeting held on 16 July 2018 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

Assistant General Manager Engineering Services Report

ITEM 11.1    SF1676              260718      2018-19 Capital Works Program Monthly Report

330/18 RESOLVED:        (Ainsworth/Finlayson)

 

That Council receive and note the information pertaining to the 2018/2019 Capital Works Program for July 2018.

 

 

 


Mr Michael Coulter left the meeting before the commencement of this item, the time being 6:22 PM

 

ITEM 11.2    PRF10                260718      Revised Plan of Management Adin Street Reserve Scotts Head

331/18 Resolved:        (Hoban/Reed)

 

That Council disband the Adin Street Reserve Committee of Management as Council has determined that the Reserve is to be used as a detention basin and overflow carparking for peak periods and events as the current Committee believes that there are no opportunities for the Committee to create a vibrant open space.

 

 

332/18 Resolved:        (Hoban/Ainsworth)

 

1        That the current Plan of Management be updated to reflect the disbandment of the Adin Street Reserve Committee of Management.

 

2        That the trees that have already been planted on the embankment for the detention basin be retained where they do not interfere with mowing and maintenance.

 

3        That Council provide assistance if required to the Scotts Head Community Group to remove and relocate the garden bed and mulch to the Buz Brazel park.

 

 

333/18 Resolved:        (Reed/Ainsworth)

 

That Council seek a further report on the ‘Terms of Reference’ for Section 355 Committees of Council.

 

 

Mr Michael Coulter returned to the meeting at the completion of this item, the time being 6:49 PM

 

 

 

ITEM 11.3    SF616                260718      Bulk Street Light Upgrade to LED

334/18 RESOLVED:        (Ainsworth/Reed)

 

1        That Council accept Essential Energy’s offer of upgrading the Category P street lighting to LED’s in conjunction with the planned bulk lamp replacement program at an estimated cost of $357,620, as per option 1.

 

2        That Council use the $158,000 within the restricted reserve for street lighting (Council report 16 May 2012, Item 11.3 Nambucca Shire Emissions Reduction Program (NARP) - Street Lighting Upgrade), for this project.

 

3        That Council applies for a $200,000 low interest loan from either the Clean Energy Finance Corp or through LIRS, to fund the remainder of the expenditure required for the LED lighting upgrade with the repayments of the loan to be offset through the anticipated savings.

 

4        The Council places the savings resulting from the upgrade to LED lighting into a restricted reserve to fund the loan repayments.

 

 

 

 

 

ITEM 11.4    Q019/2018          260718      Q019/2018 Riverside Drive Nambucca Heads Upslope Stabilisation under Tender T008/2016

335/18 RESOLVED:        (Finlayson/Reed)

 

1        That Council accept the quotation from Pan Civil Pty Ltd t/as Pan Civil as a lump sum price for Q019/2018 Upslope Stabilisation – Riverside Drive Nambucca Heads (Project GC-NH-69).

 

2        That Council note the report within confidential.

 

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

 

4        That Council allocate an amount of $44,600 identified as savings from within the Roads to Recovery program and $36,400 from the Regional Roads Block grant to fund the additional $81,000.00 expenditure required to undertake the works.

 

5        That Council reduce the allocation for W2396 Regional Road – Rodeo Drive by $36,400.

 

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

 

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

                                             Total (8)

Against the Motion:                Nil

                                             Total (0)

 

 

 

     

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

336/18 RESOLVED:        (Ainsworth/Jenvey)

 

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              260718      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 12.2    Q019/2018          260718      Confidential - Q019/2018 Riverside Drive Nambucca Heads Upslope Stabilisation under Tender T008/2016

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) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.3    SF600                260718      Proposed Sale of Land

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) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 6.52 pm.

 

RESUME IN OPEN MEETING

337/18 RESOLVED:        (Ainsworth/Wilson)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at  6.56 pm.

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF1549              260718      Incidents Pertaining to Regulatory Non-Compliance, Fines, Penalties, Prosecutions, Potential Major Claims or Loss of Reputation

338/18 RESOLVED:        (Ainsworth/Finlayson)

 

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 12.2    Q019/2018          260718      Confidential - Q019/2018 Riverside Drive Nambucca Heads Upslope Stabilisation under Tender T008/2016

339/18 RESOLVED:        (Finlayson/Ainsworth)

 

That Council accept the quotation submitted from Pan Civil Pty Ltd t/as Pan Civil for Q019/2018 Upslope Stabilisation – Riverside Drive Nambucca Heads for the Lump Sum Price of $320,000.00 GST exclusive.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.3    SF600                260718      Proposed Sale of Land

340/18 RESOLVED:        (Finlayson/Jones)

 

That Council agree to enter into contracts for the sale of the proposed lot 10 at Hyland Park and the existing Gumma night soil depot for the prices listed in the report.

 

 

 

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 6.57 pm. 

 

Confirmed and signed by the Mayor on 16 August 2018.

 

 

 

 

Cr Rhonda Hoban

MAYOR

(CHAIRPERSON)