Minutes of Ordinary Council Meeting

The following document is the minutes of the Council meeting held on 28 November 2013. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 11 December 2013 and therefore subject to change. Please refer to the minutes of 11 December 2013 for confirmation.

The Council meeting commenced at 5.42 pm.

PRESENT

Cr Rhonda Hoban (Mayor)	Cr John Ainsworth
Cr Martin Ballangarry OAM	Cr Brian Finlayson
Cr Paula Flack	Cr Kim MacDonald
Cr Bob Morrison	Cr Anne Smyth

ALSO PRESENT

Michael Coulter (General Manager)	Scott Norman (AGM Corporate Services)
Paul Gallagher (AGM Engineering Services)	Monika Schuhmacher (Minute Secretary)

APOLOGY

Cr Elaine South

Ms Alba Sky (President South Arm Hall Committee of Management)

Ms Robin Wilson (Treasurer South Arm Hall Committee of Management)

DISCLOSURE OF INTEREST

Councillor P Flack declared a non-pecuniary less significant conflict of interest in the Public Forum dealing with water monitoring from Lock the Nambucca Valley under the Local Government Act as Cr Flack is a non committee member of Lock the Nambucca Valley.

Councillor P Flack declared a non-pecuniary less significant conflict of interest in Item 9.3 Exploration Activities of Any Sort in the Nambucca Valley and the Public Forum under the Local Government Act as Cr Flack’s family has property which is within the exploration area of EL8016.

Councillor K MacDonald declared a non-pecuniary less significant conflict of interest in Item 10.3 Talarm Hall Committee of Management - Minutes of Annual General Meeting - 12 November 2013 under the Local Government Act as Cr MacDonald is related to half of the Committee and the Treasurer was her supervisor when she was employed by the Bananacoast Credit Union.

Councillor JA Ainsworth declared a non-pecuniary significant conflict of interest in Item 10.7 Boulton's Crossing Funding Offer - Council Acceptance Required under the Local Government Act as Cr Ainsworth is a member of the South Beach National Park Board. Cr Ainsworth left the meeting for this item.

Councillor B Finlayson declared a non-pecuniary significant conflict of interest in Item 10.7 Boulton's Crossing Funding Offer - Council Acceptance Required under the Local Government Act as his Business Associate has an interest. Cr Finlayson left the meeting for this item.

Councillor K MacDonald declared a pecuniary significant conflict of interest in the following items:

11.2 Nambucca District Water Supply – Fee variation for project management of the construction phase of the project

11.3 Nambucca District Water Supply Steering Committee Meeting - 6 November 2013

11.4 Nambucca District Water Supply – Landowner compensation for easements and acquisitions required for Off River Storage

12.1 Attachment to report in Open - Nambucca District Water Supply – Fee variation for project management of the construction phase of the project

under the Local Government Act as Cr MacDonald’s employer is the primary fuel supplier to various dam subcontractors... Cr MacDonald left the meeting for these items.

Councillor R Hoban declared a non-pecuniary significant conflict of interest in Item 12.2 Valla Quarry - Compliance with Consent Conditions - Response to "Show Cause" Notice as to Why the Quarry Should Not be Fined for a Breach of Consent Conditions under the Local Government Act as Cr Hoban was involved in negotiating the Conditions of Consent for this quarry in the Land and Environment Court prior to becoming a Councillors. Cr Hoban left the meeting for this item.

CONFIRMATION OF MINUTES - Ordinary Council Meeting 13 November 2013

1/13 2/13 Resolved: (MacDonald/Flack) (Morrison/Ainsworth)

That the minutes of the Ordinary Council Meeting of 13 November 2013 be confirmed subject to the following amendment:

3/13 Resolved: (Flack/Smyth)

That the matter be deferred so that the Council can see confirmation from either the Department of Planning and Infrastructure or Division of Local Government that the Council staff interpretation of the Regulations in regard to the number of campers per hectare is correct.

NOTICE OF MOTION - CR Morrison

ITEM 5.1 SF1817 281113 Notice of Motion - Request for Leave of Absence - Cr Bob Morrison 5 to 12 December 2013 (SF1788)

4/13 RESOLVED: (Morrison/Ainsworth)

That Cr Bob Morrison be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 5 to 12 December 2013 inclusive.

NOTICE OF MOTION - CR MacDonald

ITEM 5.2 SF1817 281113 Notice of Motion - Proposed Special Rate Variation 2014-2015 (Trim SF1842)

Motion: (MacDonald/Ainsworth)

That Council moves to exempt Pensioners and Businesses in our Shire from any General Rate increase beyond rate pegging for the number of years as outlined in either scenario 1 or 2 outlined in Council’s Proposed Special Rate Variation 2014/2015.

Amendment: (Ainsworth/Finlayson)

That Council defer this item until Council receives a report to show the costing and impact on Council’s budget.

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

5/13 Resolved: (Ainsworth/Finlayson)

That Council defer this item until Council receives a report to show the costing and impact on Council’s budget.

NOTICE OF MOTION - CR Hoban

ITEM 5.3 SF1817 281113 Notice Of Motion - Purchase Of Gumbaynggirr Wood Carvings (Trim SF884)

6/13 RESOLVED: (Hoban/Ballangarry)

That after checking the appropriateness of displaying such articles, Council purchase the Gumbaynggirr wood carvings from Mr Harris for the purpose of retaining them for the community.`

NOTICE OF MOTION - CR Hoban

ITEM 5.4 SF1817 281113 Notice of Motion - Nambucca Valley Branch of the Naval and Mariners Association of Australia - Donation to Macksville Library (Trim SF1077)

7/13 RESOLVED: (Hoban/Flack)

1 That Council note the donation by the Nambucca Valley Branch of the Naval & Mariners Association of Australia of a copy of “The Search for the Sydney, How Australia’s Greatest Maritime Mystery was Solved” to the Macksville Library on the occasion of the 72^nd Anniversary of the Loss of HMAS Sydney (II).

2 That Council write and formally thank the Association for their generous donation.

PUBLIC FORUMS

Resolved: (Flack/Smyth)

That the following delegations be heard:

i) Maria Tesser - Secretary South Arm Hall; Antimony mining in area and the Hall’s kitchen

ii) Joan Rossington - Free rural rubbish pickups

iii) Ivan Noble - Water table at South Creek, Building entitlements for small blocks cut by public road, waste disposal

iv) Greg Blake - Unregulated feed lot on behalf of and factory farms in South Arm area

v) Lyn Orrego – Supporting concern for antimony mining and roadside spraying

vi) Graham McPeade – Water quality testing

1 Maria Tesser

· Welcome Council to South Arm Hall. Built circa 1927

· Antimony mining is a great concern

· Concern for all grandchildren wants to leave a legacy of the hall, fresh water –does not contamination to the South Arm area

· Areas affected by antimony mining will never be rehabilitated

· Asks Council to think carefully about any future mining leases/concerns and that Council says “No”

· Lived in (South Arm) valley since 1980 and involved with hall since then—lots of fund raising

· Distressed with kitchen when new sink was built in middle of work space and right under an electrical outlet

· Support for kitchen bench has been cut so bench is falling apart

· Committee should not be responsible for paying for the correction of this

· Doesn’t mind paying extra rates if there is a decent road to drive on

· Does not want rates to go to other areas

2 Joan Rossington

· Question regarding rubbish pick up

· General opinion is that it is cumbersome

· Residents currently need to book in a time – need to unload and put in trucks

· Would be simpler to get rid of items at no cost and issue 2 vouchers per year so rubbish can be disposed of at residents’ convenience

· Suggests that people in towns should not put their rubbish (bulk collections) out until a few days before the actual collection – it is unsightly and embarrassing when showing towns to visitors

3 Ivan Noble

· Born and bred in this (South Arm) valley –South Creek has disappeared and condition has deteriorated

· Since installation of bores - water has disappeared further and further up creek, stated that it has dropped over a metre

· Trees in river are now that are exposed and would fell with an axe

· Something needs to be done about the condition of South Creek

· Waste—in the 1980’s there was a voucher system for use 2 to 3 times per year

· Can vouchers be issued with rate notices? Then Council doesn’t have to worry about it

· Land that is cut by public roads, farms dissected by public roads eg Simpson’s Ridge Road – when surveyed boundary post would be in middle of road

· Why not allow them to be sold off as individual blocks

· Harder to get stock from one side to another

· Bowraville small community, more building entitlements the more people and more rates for Council

4 Greg Blake

· Lives at 777 South Arm Road

· Surrounded by 3 cattle feed lots and piggery

· Hundreds of cattle with no shade in very confined space

· Odour is intolerable, prisoner in own home, closing windows and doors

· What is happening with the effluent? Ends up in the creek?

· 7 day per week operation, grain b-doubles arriving at all hours 24/7

· Tractors (non licensed) with heavy loads (grain bins) 24/7 in close proximity to his home travelling on South Arm Road

· Cattle treated as ‘units’ – turnover of ‘units’ is on a daily basis

· Constant weaner cattle or distressed cattle bellowing all night

· Up to 6 caged dogs barking all day and night

· Huge explosion of duck population

· Diminished quality of life, visual, smell, noise, unregulated, unsightly

· What is Council’s stance on feed lots?

· Are there any odour and noise exclusion zones

· Is this factory farm setting a bench mark for the Valley

5 Graham McPeade

· Tabled a leaflet from Lock the Nambucca

· Very concerned the mining in this area

· Can Council regularly monitor water quality?

· Asks Council to seek legal advice re developing a baseline of water quality that will stand up in Court and that this is made available to the public

· Cannot understand why any government can consider mining around any water resource

· Why are they allowing this type of mining in areas of high rainfall?

· Grading of South Arm Road – could this be programmed and that deterioration of the road be considered – ie rehabilitation of the Road.

8/13 Resolved: (Hoban/Flack)

That Council receive a report on existing monitoring and advice as to what monitoring would be required to establish baseline information should it ever be required in relation to any mining activity within the Shire.

5 Lyn Orrego

· Thanks Council for its realisation of passion of concern by residents in the (South Arm) valley about possible antimony mining

· Tabled paper on roadside spraying

· In 1980’s negotiated with Council for signage for roadside spraying

· Council has insurance concerns and therefore spraying signs were ceased

· Previous Weeds Inspector (the late John Ennis) communicated with the residents regarding where spraying would occur

· Current contractors have no communication and no concern for residents’ needs

· Suggest using slashing to the utmost, eliminate blanket spraying

· Notification in papers lists roads but not dates and times – limited options to residents to stay away from spraying areas

· Asks Council to review its 2 relevant weeds policy

· All negotiations between residents and the Weeds Inspector

· Suggest keeping a database and ensure good training for the contractors

· Ensure least toxic chemicals are used in the least amount of strength.

9/13 Resolved: (Flack/Smyth)

That Council review both the Pesticides Use Notification Policy and Noxious Weed Policy.

7 Mr Geoff Wilson

· Living here since early 1980’s

· Level of antimony mining in Macleay and in the drinking water

· In our Shire we have had a similar experience

· Large mine at operations started up around 20 years ago, residents in Upper Buccrabendinni Creek residents noticed that the arsenic level was increasing

· It would not take long for our river system to be affected by poisoning from the mining

· Asks Councillors to research what happened 20 years ago at upper Buccrabendinni.

8 Jan Grant

· Was told she provided wrong address, where does the community of South Arm begin (lives at 1820 South Arm Road, South Arm)

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 SF959 281113 Outstanding Actions and Reports

10/13 RESOLVED: (Smyth/Morrison)

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

ITEM 9.2 SF92 281113 Request to Reinstate the Nambucca Heads Rail Stop - Response from Transport for NSW

MOTION (Smyth/Ainsworth)

That the information be received by Council.

Amendment: (Flack/Smyth)

That the information be received by Council and that Council write to Transport NSW to seek information about the representations made by NSW Trains so that Council may assist them in their lobbying.

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

11/13 Resolved: (Flack/Smyth)

That the information be received by Council and that Council write to Transport NSW to seek information about the representations made by NSW Trains so that Council may assist them in their lobbying.

12/13 Resolved: (Morrison/Ainsworth)

That Council does not believe this statement that there is no alternative path and that the stopping of trains for one minute cannot be accommodated within the timetable system and that Council be provided the reason for this statement.

ITEM 9.3 SF1104 281113 Exploration Activities of Any Sort in the Nambucca Valley

13/13 RESOLVED: (Ainsworth/Finlayson)

That Council note the advice from Precious Metal Resources Limited that exploration activities on EL 8016 have not included ground activities and have been limited to desktop study.

ITEM 9.4 SF251 281113 Juvenile Crime

14/13 RESOLVED: (Flack/Smyth)

That the information provided by the Hon Michael Gallacher MLC Minister for Police and Emergency Services concerning juvenile crime and antisocial behaviour in the Macksville area be received.

ITEM 9.5 SF688 281113 Environmental Levy - Project Update

15/13 RESOLVED: (Ainsworth/Flack)

1 That Council note the information relating to the environmental levy.

2 That Council accept the $115,000 funding offered by the Office of Environment and Heritage for the preparation of the Deep Creek and Nambucca River Flood Risk Management Studies and Plans.

3 That Council note the deferment of the street lighting upgrade program and adjust the budget in the December Quarterly Budget Review to reflect the works will be undertaken in the 2014/15 financial year.

4 That heritage grant funding be funded from Section 94 or 94a contributions and be removed from the environmental levy line items and if this is not possible a report come back to Council.

16/13 Resolved: (Flack/Smyth)

That Council receive a report regarding Our Living Coast program and the website with regard to program delivery and the benefits to the Nambucca Shire.

Mayor Cr Hoban left the meeting for this item at 8.22 pm and returned after the conclusion at 8.25 pm.

Deputy Mayor Cr Ainsworth took the Chair for the duration of this item and until Cr Hoban’s returned.

ITEM 9.6 SF1823 281113 Outstanding DA's greater than 12 months, applications where submissions received not determined from 2-15 November 2013

17/13 RESOLVED: (Flack/Smyth)

That the applications where submissions have been received be noted and received for information by Council.

ITEM 9.7 LF2974 281113 Request for Council support in relation to an invitation for the OEH to acquire land at 31 Tuna St Valla Beach

18/13 RESOLVED: (Flack/Smyth)

That Council provide a letter of support to the landholder in relation to any request they may make to the Office of Environment and Heritage to purchase land for conservation purposes at 31 Tuna Street Valla Beach.

ITEM 9.8 SF453 281113 Coffs Coast Waste Service - Response from Bellingen Council

19/13 RESOLVED: (Flack/Smyth)

That the information from Bellingen Shire Council in relation to the biomass recovery of organic material and the participation of elected representatives in future waste meetings be received.

Assistant General Manager Corporate Services Report

ITEM 10.1 SF251 281113 Schedule of Council Public Meetings

20/13 RESOLVED: (Flack/Morrison)

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

ITEM 10.2 SF337 281113 Taylors Arm Sports Reserve Committee of Management - Minutes of Annual General Meeting - 23 October 2013

21/13 RESOLVED: (Flack/Smyth)

That Council endorse the Minutes of the Committee of Management for the Taylors Arm Sports Reserve Annual General Meeting held on 23 October 2013 and thank the Committee for their continued good work in the past twelve months.

ITEM 10.3 SF335 281113 Talarm Hall Committee of Management - Minutes of Annual General Meeting - 12 November 2013

22/13 RESOLVED: (Flack/Smyth)

That Council endorse the Minutes of the Committee of Management for the Talarm Hall Annual General Meeting held on 12 November 2013 and thank the outgoing Committee for their work in the past twelve months.

ITEM 10.4 SF306 281113 Burrapine Public Hall Committee of Management - Minutes of Annual General Meeting - 10 November 2013

23/13 RESOLVED: (Flack/Morrison)

That Council endorse the Minutes of the Committee of Management for the Burrapine Public Hall’s Annual General Meeting held on 10 November 2013 and thank the outgoing Committee for their work in the past twelve months; and that the Committee’s Treasurer be informed that Council complimented her on a well presented financial report.

ITEM 10.5 SF341 281113 Valla Beach Community Association Committee of Management - Minutes of Annual General Meeting - 18 November 2013

24/13 RESOLVED: (Flack/Ainsworth)

That Council endorse the Minutes of the Committee of Management for the Valla Beach Community Association’s Annual General Meeting held on 18 November 2013 and thank the outgoing Committee for their work in the past twelve months.

Assistant General Manager Corporate Services Report – LATE

ITEM 10.6 SF1869 281113 September 2013 Budget Review

25/13 RESOLVED: (Ainsworth/MacDonald)

1 That the budget review for the quarter ended 30 September, 2013 be received.

2 That the recommended increases and decreases in votes be included as subsequent votes for the financial year 2013/2014.

Assistant General Manager Corporate Services Report – LATE

Assistant General Manager Engineering Services Report

ITEM 11.1 SF843 281113 Vehicular Access To Beaches Committee

26/13 RESOLVED: (Flack/Ainsworth)

1 That the minutes of the Vehicular Access to Beaches Committee meeting held on Friday 8 November 2013 be received and noted.

2 That Council write to local and coastal community associations informing them that Council are seeking nominations for volunteer beach rangers and that this be put in their meeting agendas or newsletters together with information providing a link to Council’s website.

3 That Council include an article seeking nominates for volunteer beach rangers in the next newsletter accompanying Council’s rates notices and also place the request on Council’s website.

4 That Council request the Manager Development & Environment to provide a report to the Vehicular Access Beaches Committee meetings from the rangers detailing their activities on beach tracks and beaches, including the number of hours, warnings issues, infringement notices issued and suggestions for improved monitoring and compliance.

Cr Macdonald left the meeting for item 11.2 and 11.2 at 8.53 pm and returned after the conclusion of item 11.3 at 8.57 pm/

ITEM 11.2 SF1669 281113 Nambucca District Water Supply – Fee variation for project management of the construction phase of the project

27/13 RESOLVED: (Finlayson/Ainsworth)

That Council accept the fee variation proposal submitted by Public Works for the amount $296,020.00 (two hundred and ninety six thousand and twenty dollars) excluding GST, being fees additional to those previously approved.

ITEM 11.3 SF844 281113 Nambucca District Water Supply Steering Committee Meeting - 6 November 2013

28/13 RESOLVED: (Ainsworth/Finlayson)

That Council adopt the minutes of the Water and Sewerage Steering Committee Meeting for the Bowraville Off River Storage project held on 6 November 2013.

ITEM 11.4 SF1103 281113 Nambucca District Water Supply – Landowner compensation for easements and acquisitions required for Off River Storage

29/13 RESOLVED: (Finlayson/Ainsworth)

1 That Council note that works to produce the survey plans and valuations required to enable the negotiation of fair compensation to landowners affected by easements and acquisitions associated with the Off River Storage project is currently being arranged.

2 That Council give delegated authority to the Mayor and General Manager to negotiate compensation with landowners affected by easements and acquisitions associated with the Off River Storage project as required and within the limits of the approved budget.

Cr Ainsworth and Cr Finlayson left the meeting for this item at 8.58 pm and returned after the conclusion of the item at 8.59 pm.

ITEM 10.7 SF1120 281113 Boulton's Crossing Funding Offer - Council Acceptance Required

30/13 RESOLVED: (Morrison/Flack)

That Council accept the funding offer of $111,000 through Crown Lands’ Public Reserve Management Fund (PRMF) for an amenities building and two barbeques at Boulton’s Crossing (Gumma) Campground.

Assistant General Manager Engineering Services Report – LATE

ITEM 11.5 DA2013/127 281113 Request for modification to Council footpath adjacent to 35 - 39 Valla Beach Road, Valla Beach

31/13 RESOLVED: (Flack/Ainsworth)

That Council advise the owners of 35-39 Valla Beach Road approval is granted to reshape the public footpath adjacent to the development site to create a batter on Council’s land subject to a $2000 bond being provided to Council which will be returned after the turf is established to Council’s satisfaction.

For the motion: Councillors Hoban, Morrison, Ballangarry, Flack, Smyth, Finlayson, Ainsworth and MacDonald (Total 8)

Against the motion: Nil

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

Resolved: (Ainsworth/Ballangarry)

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:

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1 SF1815 281113 Attachment to report in Open - Nambucca District Water Supply – Fee variation for project management of the construction phase of the project

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) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

For Confidential Business Paper in Closed Meeting

ITEM 12.2 SF1431 281113 Valla Quarry - Compliance with Consent Conditions - Response to "Show Cause" Notice as to Why the Quarry Should Not be Fined for a Breach of Consent Conditions

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 9.07 pm.

RESUME IN OPEN MEETING

Resolved: (MacDonald/Ainsworth)

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 9.08 pm.

FROM COUNCIL IN CLOSED MEETING

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

Cr MacDonald left the meeting for this I tem at 9.07 pm and returned after the duration of the item at 9.08 pm

ITEM 12.1 SF1815 281113 Attachment to report in Open - Nambucca District Water Supply – Fee variation for project management of the construction phase of the project

32/13 RESOLVED: (Flack/Smyth)

That Council note the information on the Confidential attachment.

For Confidential Business Paper in Closed Meeting

Cr Hoban left the meeting for this item at 9.11 pm and returned after the conclusion at 9.20 pm and resumed the Chair.

Cr Ainsworth took the chair for the duration of this item.

ITEM 12.2 SF1431 281113 Valla Quarry - Compliance with Consent Conditions - Response to "Show Cause" Notice as to Why the Quarry Should Not be Fined for a Breach of Consent Conditions

33/13 RESOLVED: (Flack/Finlayson)

That Council issue and infringement Notice for $3,000 and that the proprietor of the quarry be informed that Council will seek the imposition of the larger penalty through the Land and Environment Court in the event of future breaches.

CLOSURE

There being no further business the Mayor then closed the meeting the time being 9.21 pm.

Confirmed and signed by the Mayor on 11 December 2013.

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)