Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Kim MacDonald






Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)



The Mayor welcomed a group of young, local Venturers from the Scouting movement who were attending Council meeting as part of their training.





Cr Bob Morrison, Cr Anne Smyth, Cr Paula Flack and Cr Elaine South





Pastor Darryl Spriggs from the Presbyterian Church offered a prayer on behalf of the Nambucca Minister's Association.





There were no disclosures of interest.



CONFIRMATION OF MINUTES - Special Meeting of Council 22 May 2014


267/14 RESOLVED:        (MacDonald/Ainsworth)


That the minutes of the Special Meeting of  Council of 22 May 2014  be confirmed.





268/14 RESOLVED:        (Ainsworth/Finlayson)


That the minutes of the Land Development Committee Meeting of 22 May 2014 be confirmed.






ITEM 5.1      SF851                290514      Australian Local Government Association (ALGA) - Call to have the Australian Government Restore the Indexation of the local government Financial Assistance Grants (FAGs)

269/14 RESOLVED:        (Hoban/MacDonald)


That Council make representations to the Member for Cowper, the Hon. Luke Hartsuyker MP as well as the Australian Labor Party and the Australian Greens calling for the Government to restore the indexation of the local government Financial Assistance Grants.






ITEM 5.2      SF1933              290514      Notice of Motion - Request for Leave - Cr Anne Smyth - 26 April to 30 June 2014 (SF1228)

270/14 RESOLVED:        (Hoban/Ainsworth)


That Cr Anne Smyth be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 26 April to 30 June 2014 inclusive.






RESOLVED           (Ainsworth/MacDonald)


That the following speaker be heard:

i)        Ms Moira Ryan -  Community Strategic Plan (Public Forum)

ii)       Mr Michael Blockey -  Community Strategic Plan (Public Forum)

iii)      Mr Paul Foley - Pedestrian danger on Adin Street joining oval and provision of a walkway

iv)      Mr Mark Brazel  -  Caravan Park - entry point - increase in payment - reduction in lease term – Mr Brazel did not attend the meeting



Ms Moira Ryan addressed Council making the following points:

·    Flurry of activity by Council in Scotts Head this week

·    Ms Ryan is the Secretary of community group and will comment on Community Strategic Plan

·    No 355 committees in Scotts Head so cannot see how Scotts Head residents can contribute

·    Scotts Head Road pretty dreadful and is major topic of interest

·    One cut slash of vegetation on edge of road is of great concern

·    Slasher needs to be washed down regularly as weeds get spread

·    Requested down grade of speed limit – would like 80 km/hr speed all along Scotts Head Road

·    Major intersection camber is an issue

·    Town entry – pretty horrible – cattle yards

·    What happens to Section 94 money for Scotts Head?

·    Footpaths required, more connectivity between shops and club – many elderly residents

·    Commitment from Council that money from lease would be used on Scotts Head

·    West Street is a major access and requires a proper footpath

·    The Reserve not being maintained

·    Needs a town central meeting place other than the Surf Club, not that accessible, or free, nowhere in town where practitioners come to meet with residents, no visiting/meeting rooms

·    Perhaps something could be done in collaboration with Council and Surf Club

·    Street sweeping only done annually, needs to be done regularly, polluting stormwater drains and creek

·    Beach – used to be raked occasionally – nothing with maintenance of beach now…heap of rubbish, prime tourist area

·    No maintenance of shower in West Street

·    Animals on beach is a huge problem particularly off-leash dogs, signs too small in main parking area

·    Residents pick up rubbish on the beach

·    Strategic Plan needs some vamping up

·    Safety, Policing – support Council’s initiative in seeking 24 hour Police presence

·    Late night hooning – cars, fires on beach, burning vegetation, Inspector/Ranger would be good if came out at night

·    Item 11.3 in report – is totally illogical


Mr Michael Blockey addressed Council making the following points:

·    Chairman of the Community Group

·    Master Plan – would like further consultation from Council

·    Subdivision of Council land – community not told much about it, rumours abound

·    Council could have been putting information in the local newsletter

·    Asked if General Manager could provide information

·    Walking track/bush tucker – want a dream time walk around Scotts Head – could Council assist with this? Walking track from Headland, behind Little Beach,  Elephant Head, school


271/14 Resolved:        (MacDonald/Ainsworth)


That Mr Jason O’Donnell, President of the Macksville-Scotts Head Surf Life Saving Club be granted permission to address Council.


Mr Jason O’Donnell addressed Council making the following points:


·    Mr O’Donnell advised that the Surf Club has received dollar for dollar funding to put in a toilet for the people with a disability.


Mr Paul Foley addressed Council making the following points:

·    Wants walkway built along Adin Street

·    New footpath is on cliff and would be too costly

·    Children do not understand the concept of no-footpath

·    No dogs on leash allowed through caravan park

·    No dogs on beach during day

·    Therefore most people take the drive option to the shops

·    Discussed obesity in relation to drive to the shop option – no safe walkway

·    South side of road is too steep for footpath, road is very narrow,

·    Reducing speed limit is not necessarily the answer – speeding cars are not the problem the walk ways are the problem

·    Walkway on edge of oval

·    Perhaps take strip of oval back at base of cliff to build a walkway

·    How will this be paid for?  From the holiday park people?  Need Council to be strong, make a better deal to extract from these people who are getting the prime real estate to better Scotts Head

·    Council needs to act against State Government that is in the hands of developers

·    Wants Council to make a deal for the Scotts Heads residents

·    Can’t afford any further increases in rates

·    Section 94 funds?

·    Would not want concrete path….gravel/dirt would be more attractive







There were no Questions with Notice.




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




General Manager Report


ITEM 9.1      SF959                290514      Outstanding Actions and Reports

272/14 RESOLVED:        (Ballangarry/Ainsworth)


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




ITEM 9.2      SF1948              290514      Proposed Highway Service Centre - Nambucca Heads Interchange

273/14 RESOLVED:        (Ainsworth/MacDonald)


1        That Council make a written submission to Roads and Maritime Services in support of the revised policy for the location of highway service centres, and particularly the proposed highway service centre at the Nambucca Heads interchange.


2        That Council note the RMS is calling for expressions of interest to develop a highway service centre at the Nambucca Heads interchange.




ITEM 9.3      SF254                290514      Proposed Local Government Boundary Adjustment between Nambucca and Bellingen Shire Councils

274/14 RESOLVED:        (MacDonald/Ballangarry)


1        That Nambucca Shire Council support a submission to the NSW Minister for Local Government for a boundary adjustment transferring part Lots 11 and 12 DP 851841 to Nambucca Shire Council.


2        That Bellingen Shire Council be thanked for initiating the local government boundary adjustment; for dealing with the affected property owners and for preparing a report on the matter.




ITEM 9.4      SF1415              290514      Internal Audit - Engagement of Service Provider

275/14 RESOLVED:        (Ainsworth/MacDonald)


Subject to clarification on responsibility for employment costs, Nambucca Shire Council engage Coffs Harbour City Council to provide internal audit services for an initial two (2) year term.



ITEM 9.5      SF988                290514      Provision of a Renal Dialysis Service in the Nambucca Valley

276/14 RESOLVED:        (Ainsworth/MacDonald)


That Council extend its thanks to the Mid North Coast Local Health District Board and its Chief Executive for awarding a contract to the Nambucca Health Care Centre to partner with the Health District in providing dialysis services in the Nambucca Valley.





ITEM 9.6      DA2014/056        290514      3 Lot Subdivision - Adin Street, Scotts Head

277/14 RESOLVED:        (Ainsworth/Finlayson)


That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2014/056 for a three lot subdivision of Lot 104 DP 622709, subject to the schedule of conditions outlined in attachment 3 of this report.


For the motion – Councillors Hoban, Ballangarry, Finlayson, Ainsworth and MacDonald   (Total 5)

Against the motion - nil




ITEM 9.7      SF1947              290514      Outstanding DA's greater than 12 months, applications where submissions received not determined from 8 - 20 May 2014

278/14 RESOLVED:        (MacDonald/Ainsworth)


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




ITEM 9.8      SF1804              290514      Vegetation Mapping and Koala Habitat Study

279/14 RESOLVED:        (MacDonald/Ballangarry)


1        That Council accept the funding offer of $70,000 from the Office of Environment and Heritage to commence CLASS 5 vegetation mapping of the areas (gaps) not included in the previous mapping of Endangered Ecological Communities.


2        That Council accept the funding offer of $50,000 from the Office of Environment and Heritage under the  state government’s Saving Our Species koala ‘iconics’ funding in the next financial year for koala habitat study, mapping and reporting.



3        That $10,000 and be committed from Councils Environmental Levy to contribute to the project and staff resources be allocated as necessary to assist OEH in the management of project.




General Manager Report – LATE


ITEM 9.9      SF688                290514      Environmental Levy Program

280/14 RESOLVED:        (Ainsworth/Ballangarry)


1        That following completion of the exhibition of the draft operational plan/delivery program    that Council consider the 2014/15 Environmental Levy Budget comprising the projects          shown in the table headed “Proposed 2014/15 Environmental Levy Budget”.


2        That Council accept the offer of up to $7,500 Heritage Advisor Funding for the 2014/15 Heritage Program, requiring matching funds from Council.




Assistant General Manager Corporate Services Report


ITEM 10.1    SF1871              290514      March 2014 Budget Review

281/14 RESOLVED:        (MacDonald/Ainsworth)


1        That the budget review for the quarter ended 31 March, 2014 be received.


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





ITEM 10.2    SF316                290514      Macksville Gift Committee of Management - AGM - 31 March 2014 - Minutes

282/14 RESOLVED:        (Ainsworth/Ballangarry)


That Council endorse the minutes of the Committee of Management for the Macksville Gift, held on 31 March 2014.




ITEM 10.3    SF251                290514      Schedule of Council Public Meetings

283/14 RESOLVED:        (Ainsworth/MacDonald)


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    SF844                290514      Nambucca District Water Supply Steering Committee Meeting - 7 May 2014

284/14 RESOLVED:        (Ainsworth/Ballangarry)


That the minutes of the record of discussion held on 7 May 2014 in lieu of the formal Steering Committee Meeting be received and noted by Council.





ITEM 11.2    SF711                290514      Tender for Supply and Delivery of Bulk Chemicals for Water Treatment

285/14 RESOLVED:        (Ainsworth/MacDonald)


1     That Council award contracts for the supply and delivery of bulk chemicals in accordance with the recommendations of the Tender Evaluation Committee for Tender T051415 called by Regional Procurement as follows:


Omega Chemicals -  Aluminium Sulphate –

Redox Pty Ltd - Hydrated Lime and Sodium Fluoride (Granular)

Price Chemicals – Sodium Hypochlorite


2     That Council award the contracts for a period of 2 years commencing 1 July 2014 with the provision of a further 1 year period subject to satisfactory performance.




ITEM 11.3    SF853                290514      Salvinia Molesta Infestation - Swimming Creek, Nambucca Heads

286/14 RESOLVED:        (Ainsworth/Finlayson)


That Council approve the use of registered herbicides on the Salvinia Molesta infestation in Swimming Creek, following appropriate consultation, preparation of a media release and correct pesticide notification procedures as outlined within this report.


Note: Cr Ballangarry requested that his vote be recorded against this resolution as the pesticide affects other vegetation considered bush tucker.







There being no further business the Mayor then closed the meeting the time being 7.10 pm. 


Confirmed and signed by the Mayor on 12 June 2014.