PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM (Deputy Mayor)

(arrived 5.43pm)

Cr Brian Finlayson

Cr Susan Jenvey

Cr David Jones

Cr Janine Reed

Cr Anne Smyth

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 Ballangarry for being late.

 

 

PRAYER

 

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

 

 

DISCLOSURE OF INTEREST

 

Mr Michael Coulter declared a non-pecuniary - significant conflict of interest in Item 9.6 Scotts Head Coastal Hazard Reduction Project under the Local Government Act as Mr Coulter is the Honorary Secretary of the Macksville-Scotts Head SLSC which made a submission in relation to their preferred option for the project.  Mr Coulter left the meeting for this Item.

 

Mr Michael Coulter declared a non-pecuniary – significant conflict interest in Item 11.1 Draft Beach Management Policy under the Local Government Act as Mr Coulter is the Honorary Secretary of the Macksville-Scotts Head SLSC and the policy contains new provisions in relation to lodging applications for SLSA approved carnivals. Mr Coulter left the meeting for this Item.

 

 

ITEM 9.1      SF600          300818         Report of Error in Minutes of Council's Meeting on 16 August 2018 - Item 9.2 - Request by Lesley Flanders to Purchase Land West of the Bowraville Racecourse

384/18 Resolved:        (Ainsworth/Wilson)

 

That the report of error in minutes of Council's Meeting on 16 August 2018 - Item 9.2 - Request by Lesley Flanders to Purchase Land West of the Bowraville Racecourse be brought forward.

 

 

 

 

 

 

 

ITEM 9.1      SF600                300818      Report of Error in Minutes of Council's Meeting on 16 August 2018 - Item 9.2 - Request by Lesley Flanders to Purchase Land West of the Bowraville Racecourse

385/18 RESOLVED      (Reed/Smyth)

 

That the minutes of item 9.2 in Council’s meeting on 16 August 2018 be corrected with the words with strikethrough to be removed:

 

MOTION:     (Reed/Ainsworth)

 

1        That Council undertake the process to close the section of road shown on the attached plan and obtain the title to that land.

 

2        That Council’s Surveyor advise Ms Flanders when he intends to be on site so that she may attend and know “first-hand” the boundaries of the land.

 

3        That Ms Flanders be advised of Council’s actions and that she will need to meet Council’s out of pocket costs in creating the title and transferring the land.

 

Amendment:       (Ainsworth/Ballangarry)

 

1        That Council undertake the process to close the section of road shown on the attached plan.

 

2        That Council’s Surveyor advise Ms Flanders when he intends to be on site so that she may attend and know “first-hand” the boundaries of the land.

 

3        That Ms Flanders be advised of Council’s actions and that she will need to meet Council’s out of pocket costs in creating the title and transferring the land. including purchase costs and that Ms Flanders be advised that the land will not have a dwelling entitlement.

 

4        Investigate the complexities of the issues including the value of the land and that Ms Flanders be advised under Section 356 of the Local Government Act.

 

The Amendment was carried and became the motion.

 

346/18 Resolved:        (Ainsworth/Ballangarry)

 

1        That Council undertake the process to close the section of road shown on the attached plan.

 

2        That Council’s Surveyor advise Ms Flanders when he intends to be on site so that she may attend and know “first-hand” the boundaries of the land.

 

3        That Ms Flanders be advised of Council’s actions and that she will need to meet Council’s out of pocket costs in creating the title and transferring the land. including purchase costs and that Ms Flanders be advised that the land will not have a dwelling entitlement.

 

4        Investigate the complexities of the issues including the value of the land and that Ms Flanders be advised under Section 356 of the Local Government Act.

 

 

 


 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 16 August 2018

386/18 RESOLVED:        (Reed/Wilson)

 

That the minutes of the Ordinary Council Meeting of 16 August 2018 be confirmed with the following amendment to Resolution 346/2018:

 

1        That Council undertake the process to close the section of road shown on the attached plan.

 

2        That Council’s Surveyor advise Ms Flanders when he intends to be on site so that she may attend and know “first-hand” the boundaries of the land.

 

3        That Ms Flanders be advised of Council’s actions and that she will need to meet Council’s out of pocket costs in creating the title and transferring the land.

 

4        Investigate the complexities of the issues including the value of the land and that Ms Flanders be advised under Section 356 of the Local Government Act.

 

 

 

 

 

NOTICE OF MOTION - CR Hoban

ITEM 5.1      SF2433              300818      NOTICE OF MOTION - Request for Report on Otta Sealing

387/18 RESOLVED:        (Hoban/Ainsworth)

 

1        That Council receive a brief report outlining the Engineering Department’s view of the feasibility of the use of Otta seals on low traffic volume roads.

 

2        That Council liaise with Bellingen Council and keep a watching brief on the success or otherwise of their Otta seal trial.

 

 

 

  

Mr Michael Coulter left the meeting before the commencement of this item, the time being 6:01 PM

 

DELEGATIONS

RECOMMENDATION

 

That the following delegations be heard:

 

9.6     Scotts Head Coastal Hazard Reduction Project

          i         Moira Ryan

 

Ms Ryan addressed Council with prepared notes and video being placed on File TRIM SF2168.

 

 

 

ITEM 9.6      SF2168              300818      Scotts Head Coastal Hazard Reduction Project

388/18 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council proceed to finalise the design for the maintenance of the seawalls and incorporate appropriate beach access solutions into the final designs for the area.

 

2        That Council proceed to finalise designs with the intent of maintaining the stormwater outlet in its existing location with an appropriate design to ensure safety and function of the outlet.

 

3        That Council allocate funding from the Stormwater Management Levy and/or Environmental Levy in 2019/20 financial year to support an investigation of Stormwater Management and water quality improvements for this area, using feedback provided through the surveys/submissions to guide the scope of the project.

 

Mr Michael Coulter returned to the meeting at the completion of this item, the time being 6:15 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 9.2      SF317                300818      Management of Macksville Park

389/18 RESOLVED      (Reed/Smyth)

 

1           That Council note the inspection of the Macksville Park amenities and the information provided in this report.

 

2           That Council request a report back on a proposal for improvements to the amenities including the provision of change room facilities for women; the provision of doors for showers in the men’s change room and suitable disabled amenities.

 

3           That a management plan be developed for the future administration of the park to cater for its current use as well as for future opportunities, particularly as a regional sporting hub.

 

4        That Council acknowledge the work of the Committee of Management over many years and continue to liaise with the Committee and the community throughout the process.

5        That Council receive a report on the approach Council should take to formalising all fees and charges levied by Section 355 Committees

 

6        That Council write to the Macksville Park Committee of Management requesting that they submit as a matter of urgency their most recent bank statement and user fees being charged.

 

 

 

ITEM 9.3      SF959                300818      Outstanding Actions and Reports

390/18 RESOLVED:        (Ainsworth/Reed)

 

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

 

 

 

 

 

ITEM 9.4      SF770                300818      Inquiry into the Impact of Expenditure Caps for Local Government Election Campaigns

391/18 RESOLVED:        (Reed/Wilson)

 

1        That Council make a submission to the Inquiry into the Impact of Expenditure Caps for Local Government Election Campaigns suggesting:

 

a        An alternate approach to determining the “reasonableness” of expenditure caps by linking them to the council categories used by the Local Government Remuneration Tribunal and fixing them as a proportion of councillors’ remuneration, say the equivalent of 12 months’ remuneration applicable to that council at the time of the election.

 

b        Candidates not benefit from external funding whether it be from political parties or third-party campaigners.

 

2        That Council provide Local Government NSW with a copy of its submission.

 

 

 

 

 

ITEM 9.5      SF2327              300818      Nambucca Shire Library Strategic Plan - Draft for Exhibition

392/18 RESOLVED:        (Smyth/Jenvey)

 

That Council place the draft Nambucca Shire Library Strategy 2018-2022 on exhibition for comment by the public.

 

 

 

 

ITEM 9.6 was dealt with under Delegations earlier in the meeting

 

 

ITEM 9.7      SF1541              300818      Local Strategic Planning Statements

393/18 RESOLVED:        (Reed/Ainsworth)

 

That Council note the State Government’s requirement to prepare Local Strategic Planning Statements.

 

 

 

ITEM 9.8      SF2423              300818      Undetermined Development Applications either greater than 12 months or where submissions received to 14 August 2018

394/18 RESOLVED:        (Reed/Ballangarry)

That the information contained in the report on undetermined Development Applications either greater than 12 months or where submissions received to 22 August 2018 be noted by Council.

 

 

ITEM 9.9      SF2278              300818      Minutes of the Clean Energy Committee meeting held 8 August 2018

Motion:      (Jenvey/Smyth)

 

That Council note the minutes and endorse the recommendations of the Nambucca Clean Energy Committee held on Wednesday 8 August 2018.

 

 

Amendment:       (Hoban/Ainsworth)

 

1        That Council note the minutes and endorse the recommendations of the Nambucca Clean Energy Committee held on Wednesday 8 August 2018.

 

2        That the Clean Energy Committee be reminded that any investigations need to be completed and endorsed funds spent by the end of the financial year.

 

The amendment was carried and became the motion.

 

395/18 Resolved:        (Hoban/Ainsworth)

 

1        That Council note the minutes and endorse the recommendations of the Nambucca Clean Energy Committee held on Wednesday 8 August 2018.

 

2        That the Clean Energy Committee be reminded that any investigations need to be completed and endorsed funds spent by the end of the financial year.

 

 

 

ITEM 9.10    SF2513              300818      Donations Program (Section 356) 2018/2019 (Round 1) - Applications for Approval

396/18 Resolved:        (Ainsworth/Ballangarry)

 

That Council:

 

1        Approve the fifteen (15) eligible applications for monetary donation requests received by 17 August 2018 totalling $7,392.00;

 

2        Approve the one (1) late eligible application for a monetary donation of $347.10 from the Nambucca Valley Cycle Club – received on 20 August 2018;

 

3        Council note that the Nambucca Valley Croquet Club have been advised to apply for funding in Round 2, should their funding application to the Office of Sport be successful for the fencing.

 

 

 

Assistant General Manager Corporate Services Report

ITEM 10.1    SF251                300818      Schedule of Council Public Meetings 2018

397/18 RESOLVED:        (Wilson/Reed)

 

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

 

 

 

 

 

ITEM 10.2    SF343                300818      Valla Public Hall Committee of Management - Annual General Meeting - 15 August 2018

398/18 RESOLVED:        (Reed/Wilson)

 

That Council endorse the minutes of the Valla Public Hall Committee of Management Annual General Meeting held on 15 August 2018 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

 

 

Assistant General Manager Engineering Services Report

Mr Michael Coulter left the meeting before the commencement of this item, the time being 7:11 PM

 

ITEM 11.1    SF1031              300818      Draft Beach Management Policy

399/18 RESOLVED:        (Reed/Ainsworth)

 

1        That Council adopt the Draft Beach Management Policy (TRIM 47676/2017) and delete the following policies which have now been replaced:

 

a)       TRIM 3958/2006     Beaches – General bonfires and damage

b)       TRIM 3959/2006     Beaches – General horses on beaches

c)       TRIM 3961/2006     Beaches – Inspectors/lifesaving Authority to patrol beaches and to train.

d)       TRIM 4331/2013     Vehicular access to beaches

 

2        That Council update the Policy Register and website accordingly.

 

 

Mr Michael Coulter returned to the meeting at the completion of this item, the time being 7:13 PM

 

 


 

 

ITEM 11.2    SF1426              300818      Drought Management and Dam Water Quality

400/18 RESOLVED:        (Ainsworth/Wilson)

 

1        That Council note that the flow rate in the Nambucca River is dropping and there is a chance that the flow may drop to levels that trigger a requirement to cease the pumping from the bores.  This will then mean that water will have to be supplied to the water supply system from Bowra Dam.

 

2        That Council note that the turbidity levels of the dam water will adversely impact the effectiveness of chlorine disinfection and it cannot be guaranteed that all pathogens will be eliminated from the water supply.

 

3        That Council approve the introduction of water from Bowra Dam to the water supply system should river discharge levels reach the 95 percentile limits noted in the water extraction licence

 

4        That Council inform consumers that dam water may be required to be introduced to the water supply system as a result of drought conditions once the river discharge reaches a level of 5 ML/day above the cease to extract level and that that water will have to be boiled for cooking and drinking purposes.

 

5        That Council issue a boil water alert for cooking and drinking water prior to introducing dam water to the water supply system as a result of drought conditions.

 

 

 

 

 

ITEM 11.3    SF85                  300818      Minutes of the NSW Rural Fire Service Level Agreement Zone Liaison Committee meeting - 8 August 2018

401/18 RESOLVED:        (Ainsworth/Finlayson)

 

That Council receive and note the report for the NSW RFS Service Level Agreement Zone Liaison Committee Meeting held on 8 August 2018.

 

 

 

 


 

ITEM 11.4    SF1676              300818      2018-19 Capital Works Program Monthly Report

402/18 RESOLVED:        (Wilson/Finlayson)

 

1        That Council receive and note the information pertaining to the progress of the 2018/2019 Capital Works Program for August 2018.

 

2        That Council reduce the allocation on WO 2396 Rodeo Drive rehabilitation by $90,000 and reallocate the funds to WO 3093 Scotts Head Road to cover the additional expenditure incurred due to the subgrade pavement conditions.

 

3        That the Footpath Augmentation W3294 having an allocation of $70,000 within the budget be split into the four identified projects as follows:

 

a)       $12,000 for new footpath in Vernon Street, Scotts Head which will connect the School to Buz  Brazel Oval.

b)       $10,000 for Bellevue Drive, Macksville which will provide a connection from the footbridge over Newee Creek to Macksville Bridge.

c)       $33,000 to renew the footpath in Mann Street adjacent to the current road works.

d)       $15,000 to the V-wall allocation W3074 to compliment current works.

 

 

 

 

 

ITEM 11.5    T022/2018           300818      T022/2018 Tender for provision of Piling Services for Construction of Lanes Bridge, Bowraville

403/18 RESOLVED      (Ainsworth/Finlayson)

 

That Council appoint Civil Sydney Pty Ltd as the contractor for Tender T022/2018 – Provision of Piling Services for Construction of Lanes Bridge, Bowraville; note the Closed Report; and update the Contract Register (TRIM 31325/2016).

 

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

 

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

Total (9)

Against the Motion:                Nil

Total (0)

 

 

     

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.34 pm.

 

Confirmed and signed by the Mayor on 13 September 2018.

 

 

Cr Rhonda Hoban

MAYOR

(CHAIRPERSON)