Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Kim MacDonald

Cr Bob Morrison

Cr Elaine South






Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)





Cr Paula Flack and Cr Anne Smyth





There were no disclosures of interest.



CONFIRMATION OF MINUTES - Ordinary Council Meeting 24 April 2014


241/14 RESOLVED:        (South/Ballangarry)


That the minutes of the Ordinary Council Meeting of 24 April 2014 be confirmed subject to the following amendments:


  • rewording of recommendation 2 of Item 9.7 (DA2013/129 Proposed Two(2) Lot Subdivision Lot 8 DP1031509 - 125 Ocean View Drive, Valla Beach) to read:


          2        That the applicant be advised that, if approved, Council would impose a covenant to   stipulate a height limit to 5 metres.


  • That the second resolution (213/14) Modification of Consent – Valla Quarry – DA 2001/196 to read:


          2        That in addition to sending out letters to nearby resident, that telephone calls be made to residents within the 2 km limit advising them of the intended blasting date and time.  A log of the telephone calls to be made and submitted to Council prior to any blasting taking place.  In the event that telephone calls go unanswered after three consecutive times, it can be assumed that the person has been duly advised by the original letter or email.  An email where “read receipt” is marked and answered will also be considered as suitable notification.






ITEM 5.1      SF1933              150514      Notice of Motion - Request for Leave - Cr Bob Morrison - 29 May 2014 (SF1788)

242/14 RESOLVED:        (Morrison/MacDonald)


That Cr Bob Morrison be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the Council meeting on 29 May 2014.






ITEM 5.2      SF1933              150514      Notice of Motion - Support for Flying Fox Petition (SF430)

243/14 RESOLVED:        (Morrison/Ainsworth)


1        That this Council support the petition from the Member for Cowper, the Hon. Luke Hartsuyker MP (our Local Federal Member) and the State Member for Clarence, the Hon. Chris Gulaptis in their State wide petition which aims to address the impact on flying foxes on local communities.  The petition being as follows:




To the Honourable the Speaker and Members of the Legislative Assembly of New South Wales.

The petition of residents of New South Wales brings to the attention of the House:

    The existing and potential impacts that flying fox colonies have on the health and wellbeing of residents when they roost in an urban area - they carry Hendra virus and Lyssa virus, both having had killed humans in Australia, in addition to other health issues;

    That the existing legislation is too restrictive and does not provide effective solutions to give relief to residents when flying fox colonies roost within an urban area.

The undersigned petitioners therefore ask the Legislative Assembly to:

    Undertake the preparation of a Management Strategy to effectively deal with impacts of flying fox colonies:

         within urban areas across NSW and

         within areas of intense horticultural production


     The Management Strategy needs to be capable of being implemented expeditiously subject to the level of infestation of flying foxes and that it give priority to the health and wellbeing of the residents of NSW over the flying foxes when they roost in an urban area.


2          That Council practically support this petition to obtain 10,000 signatures by placing the petition papers for signature at the front desk of the Council Chambers and in Council libraries for any resident that may wish to sign such a petition.  Also to advertise in the local papers the existence of such a petition for signature.



NOTE:   Cr Ballangarry requested his vote be recorded against the resolutions 1 and 2 above.


244/14 Resolved:        (Morrison/Ainsworth)


3        That a copy of Council’s resolution be forwarded to the Member for Hon. Chris Gulaptis MP and the Mayor Clarence City Council.


NOTE:   Cr Ballangarry requested his vote be recorded against the resolution 3 above.






Mr Kent Lee (Chair of the North Coast Local Land Services) addressed Council in relation to the North Coast Local Land Services making the following points:


·    Thanked Council for invitation to address Council

·    Has two additional legacy organisations

·    Took on some extension services from DPI (Department of Primary Industry)  educating farmers/agricultural advice

·    DPI retains research and development

·    Local Land Services (LLS) has taken on Emergency Management eg data collection after natural disasters, Hendra virus, crop diseases etc

·    Building culture of two amalgamated organisations

·    Customer orientated organisation

·    Not just about farmers

·    75% budget comes from Federal/State funds

·    Significant agricultural enterprises on less than 10 hectares should contribute to rural rates

·    IPART – suggest that councils collect local land service rates

·    Councils and LLS should have a cordial relationship

·    Required to set up 1 Community Advisory Committee in each region – which has already been done

·    Commencing establishment of an Indigenous Advisory Committee


ITEM 9.4      SF1856              150514      North Coast Local Land Services

245/14 RESOLVED:        (Ainsworth/Finlayson)


That Council note the information provided by Mr Kent Lee, Chair of the North Coast Local Land Services, and thank him for attending and addressing Council.






Mr Scott Nichols addressed Council on the subject of fish habitat making the following points:


·    Mr Scott Nichols works for Northern Rivers Commercial Fishing

·    Concerned with fish habitat and requirements

·    Explained healthy estuary river systems

·    97% of NSW waterways are affected in a negative way eg channelling, sediment input, erosion

·    Problem with many wetlands being converted to agricultural land which equates to fewer fishing habitats

·    Some fishing clubs work towards cleaning up rubbish, replanting and weeding waterways to encourage fish populations

·    Fish population will increase with the stabilisation of riverbanks, restoring natural flow and fish movement, wetland scald repair, improving river habitat (remove log jams, stock fencing, tree planting)


ITEM 9.2      SF1496              150514      Nambucca River - Commercial Fishing

246/14 RESOLVED:        (Morrison/Ainsworth)


That the information provided by the Department of Primary Industries be received and that Mr Scott Nichols be thanked for his presentation to Council.


NOTE: Item 9.1 was dealt with at this time.  See below.


248/14 Resolved:        (Ainsworth/Finlayson)


That Council return to Item 9.2.


249/14 Resolved:        (Ainsworth/Finlayson)


That Mr Andrew Goulston and Mr Darren Reynolds from the Fisheries (Coffs Harbour) be invited to address Council on the state of recreational fishing in our Shire’s river and be requested to answer questions.


Upon being put to the meeting, the motion was declared carried. Cr Morrison called for a Division.

For the Motion: were Councillors Ainsworth, Ballangarry, Finlayson, Hoban, MacDonald, Morrison and South                                       Total (7).

Against the Motion: Nil              Total (0).




ITEM 9.1      SF959                150514      Outstanding Actions and Reports

247/14 RESOLVED:        (Ainsworth/MacDonald)


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






There are no Questions with Notice.





There are no Questions for Closed Meeting where due Notice has been received.




General Manager Report




Item 9.2 was dealt with under Delegations.




ITEM 9.3      SF706                150514      Community Forum on Reducing Crime

251/14 RESOLVED:        (Finlayson/MacDonald)


That Council note the proposed agenda for the Community Forum on Reducing Crime; the suggested list of attendees and the nominated meeting time being 3.00pm on Wednesday 25 June 2014 and that  U3A and the RSL Clubs be included on the list.




Item 9.4 was dealt with under Delegations.




ITEM 9.5      SF1541              150514      Planning Proposal LEP amendment no. 18 Reclassification of multiple land parcels relating to Council infrastructure and services

252/14 RESOLVED:        (Finlayson/Ainsworth)


1        Pursuant to the Clause 55 of the Environmental Planning and Assessment Act 1979, Council prepare a Planning Proposal to support an amendment to reclassify all the land as described in this report, excluding Lot 101 DP 1063490, 74 Grassy Road Bowraville.


2        The Planning Proposal and associated material be submitted to the Minister for Planning for consideration under Clause 56 of the Act.


For the Motion:      Councillors Ainsworth, Ballangarry, Finlayson, Hoban, MacDonald, Morrison and South                                 Total (7).

Against the Motion: Nil              Total (0).




ITEM 9.6      SF1947              150514      Outstanding DA's greater than 12 months, applications where submissions received not determined from 14 April - 8 May 2014

253/14 RESOLVED:        (Ainsworth/MacDonald)


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




ITEM 9.7      SF1947              150514      2014 April - Development and Complying Development Applications Received

254/14 RESOLVED:        (Ainsworth/Finlayson)


That the Development Applications and Complying Development Applications received in April 2014 be received for information.




ITEM 9.8      SF1947              150514      Construction and Complying Development Certificates Approved April 2014

255/14 RESOLVED:        (Finlayson/Ainsworth)


That the Construction and Complying Development Certificates approved for April 2014 be noted and received for information by Council.




ITEM 9.9      SF1148              150514      Council Ranger's Report April 2014

256/14 RESOLVED:        (South/Ainsworth)


That the report for April 2014 be received and noted by Council.




Assistant General Manager Corporate Services Report


ITEM 10.1    SF1875              150514      Investment Report To 30 April 2014

257/14 RESOLVED:        (Finlayson/MacDonald)


That the Accountants’ Report on Investments placed to 30 April 2014 be noted.




ITEM 10.2    SF25                  150514      Donations Program (Section 356) 2014/2015 - Recommendation of successful applicants

258/14 RESOLVED:        (MacDonald/Finlayson)


1        That Council approve the donations under the 2014/2015 Donations Program in accordance with the recommendations set out in the schedule below:


Donations Program Budget 2014/2015



Original Request

$ Donations Program


Frank Partridge Military Museum



Nambucca Entertainment Centre



Nambucca District Historical Society



Nambucca Heads Lions Club



NSW Marine Rescue – Nambucca



Nambucca District Band



Scotts Head Sports Field Committee (s.355)



Mary Boulton Pioneer Cottage



Nambucca Valley Craft and Art


Nil charge

Shire Schools 7 @ $50 (no application req.)



North Coast TAFE, Macksville (no application required)



2014/2015 Annual Program










2        That Council approve the waiver of tip fees for the following organisations up to the tonnage amount each one used in 2013/2014:

Salvation Army

Anglican Parish – Op Shop

Nambucca Heads Men’s Shed

Nambucca Camp Quality

Nambucca Valley Christian Life Care




ITEM 10.3    SF251                150514      Schedule of Council Public Meetings

259/14 RESOLVED:        (Finlayson/Ainsworth)


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




Assistant General Manager Engineering Services Report


ITEM 11.1    SF61                  150514      Professional Lifeguard Services Report for the contract period 2013/2014

260/14 RESOLVED:        (Finlayson/Ainsworth)


That Council receive and note the Season Report for 2013/2014 by Australian Lifeguard Service.




ITEM 11.2    SF1676              150514      Capital Works Report - 1 July 2013 - 31 March 2014

261/14 RESOLVED:        (Finlayson/Ainsworth)


1        That the Capital Works Report for the period 1 July 2013 to 31 March 2014 be received and noted.


2        That the proposed variations be endorsed and included in the March 2014 budget review.




ITEM 11.3    SF102                150514      Quotation Accepted for the Supply and Installation of  Cycleway Bridge - Nambucca Heads to Kingsworth Estate

262/14 RESOLVED:        (Ainsworth/Finlayson)


That Council receive and note that Wagners CFT Pty Ltd has been awarded the contract to supply and install a pedestrian bridge and two approach boardwalks for the Nambucca Heads to Macksville Cycleway project.




ITEM 11.4    SF453                150514      Waste Management Quarterly Report January - March 2014

263/14 RESOLVED:        (Finlayson/Ainsworth)


1        That Council receive and note the information provided in the Waste Management Quarterly Report for the period January–March 2014.


2        That Council engages in discussions with Bellingen and Coffs Councils for the drafting of a new Regional Waste Collection Tender/Contract.


3        That a further report be provided to Council on the progress of discussions regarding a new tender document and its content.




ITEM 11.5    Q009/2013          150514      Options Workshop for the Investigation and Design Landslip Stabilisation - Riverside Drive Nambucca Heads

264/14 RESOLVED:        (Ainsworth/MacDonald)


1        That Council accept the recommendation by Coffey Pty Ltd for a soil nail and mesh retaining structure to the embankment below Riverside Drive at Site 1 between the Tourist Information Centre and the entrance to Bellwood Park, and approve Coffey Pty Ltd to proceed with the final design of this option.


2        That Council approve Coffey Pty Ltd conducting further testing of sacrificial soil nails and pull testing prior to the detail design phase to optimise the final design and contract documentation for Site 1 between the Tourist Information Centre and Bellwood Park.


3        That Council allocate an additional $100,000 from the 2013/14 general fund to be redeemed against the Federal Funding grant in the 2014/15 financial year for the project to fund the soil nail tests proposed by Coffey Pty Ltd.


4        That Council accept the recommendation by Coffey Pty Ltd for a gabion basket wall with level backfill for Site 2 Riverside Drive below Nos. 3 and 5 Foreshore Close and approve Coffey Pty Ltd proceeding with the final design for this option.




ITEM 11.6    LF1450               150514      Release of Caveat 1.804028 held by Nambucca Shire Council over Lot 10 in DP 809906 following registration of transfer granting Right of Carriageway to Lot 7 in DP 809906

265/14 RESOLVED:        (Ainsworth/Finlayson)


That Council release Caveat No. 1.804028 provided that:


a        The registration of the reciprocal right of carriage way appears on the current certificate of title for Lots 7 – 10 in DP 809906 and copies of such documents forwarded to Council for the update to property records; and


b        All expenses incurred for the release of the Caveat No. I 804028 are borne by the purchaser of Lot 7 in DP 809906.




ITEM 11.7    SF825                150514      Quotation - Garbage Compactor Truck

266/14 RESOLVED:        (MacDonald/Finlayson)


1           That Council accept the quotation from Russ Equipment Pty Ltd for the supply of a compactor as outlined within the confidential report.


2           That Council accept the quotation from Midcoast Trucks for the supply of a 4 tonne truck chassis as contained within the confidential report


3           That Council allocate an additional $13,022.49 from the plant reserve fund for the purchase of the garbage compacting truck.


4           Council place the allocation of $153,022.00 (inclusive of 3 above) into the plant reserve to be drawn down in the 2014/15 financial year upon delivery of the plant in August 2014 

5           That Council update the contract register.


6        That Council note the information provided in the Closed Business Paper.







There being no further business the Mayor then closed the meeting the time being 7.33 pm. 


Confirmed and signed by the Mayor on 22 May 2014.