Cr John Ainsworth (Deputy Mayor)

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Paula Flack

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 Rhonda Hoban (Mayor)

Cr Anne Smyth

Cr Kim MacDonald





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





Councillor JA Ainsworth declared a non-pecuniary less significant conflict of interest in Item 9.4 Development Application DA2013/170 under the Local Government Act as Cr Ainsworth advises that (i) the applicant is a remote relative (ii) he has no business association with that person, and (iii) he has no more social contact with that person than with other residents of the Shire. 



CONFIRMATION OF MINUTES - Ordinary Council Meeting 31 July 2014

391/14/14 RESOLVED:    (South/Flack)


That the minutes of the Ordinary Council Meeting of 31 July 2014 be confirmed subject to the following:.


Page 12       Item 11.6     Resolution should read:  That Council continue to carry out the testing of river water in the North and South Arms specifically related to base line monitoring for mining activity and testing the full a twelve (12) months period as planned.






ITEM 5.1      SF1933              140814      Notice Of Motion - Proposal From Nambucca River Users Group To Reinstate Boat Launching Site (SF437)

Motion:      (Flack/Ballangarry)


That Council receives a report regarding the boat launching site opposite Midco including: confirmation of ownership of site; options for a formal agreement with community groups for full responsibility for works and maintenance; need for fisheries approval and any environment assessment  required; traffic issues; public safety; issues regarding flooding; legality of site especially in terms of liability; and waste management.


Amendment:       (Morrison/Finlayson)


That the matter be deferred until the River Users Group submit a formal proposal to Council.


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


 392/14 Resolved:       (Morrison/Finlayson)


That the matter be deferred until the River Users Group submit a formal proposal to Council.






Resolved:          (Finlayson/South)


That the following delegations be heard:


Item 9.3       Acquisition of Casey Drive and the North Macksville Soccer Fields.................................... 2

          i)        Mr Jeff Borg


Item 9.4       Development Application DA2013/170............................................................................... 3

          i)        Ms Sue Jenvey – Objector

          ii)       Ms Vicki Pade – Objector

          iii)      Mr Andrew Black—Supporter

          iv)      Mr Brad Fortescue—Applicant 


Note: The following people addressed Council at the onsite inspection for Item 9.4:

Mr Peter Sobey (objector) Mr Ian Pade (objector) Mr Brian Pade (owner) Mr Wayne Pade (applicant)




Mr Borg addressed Council and stated that he had received a telephone call from Mayor Hoban and resulting from her meeting with the Hon Duncan Gay MLC (Minister for Roads and Freight) that the Minister is willing to look at a land exchange which  would result in the transfer of Casey Drive to Council’s ownership.  This would in turn provide access for the redevelopment of the site..


ITEM 9.3      SF600                140814      Acquisition of Casey Drive and the North Macksville Soccer Fields



That the information in the report and the delegation from Mr Jeff Borg be received.





Ms Sue Jenvey addressed Council to a prepared statement which is on file DA2013/170


Ms Vicki Pade addressed Council to a prepared statement which is on file DA2013/170


Mr Black addressed Council making the following points:

·    Local resident in Macksville area (Upper Warrell Creek Rd)

·    Has done door knock to ascertain how current business is conducted by Fortade

·    Current NSW Police Officer…sees drivers acting and driving professionally on the road

·    Vehicles are always in road worthy condition – never any complaints from his colleagues

·    Mr Pade lived in area since 1950 and seen much change to his land and would know about the environmental impact on his land

·    Give Fortade a go….two locals spending their money in this area.


Mr Fortescue addressed Council making the following points:

·    The land size to be used is 2% of the farm, the remaining 98% will remain as farming land

·    Cannot name one person who lives off growing vegetables

·    The 2% will be used to supplement the income of land owner

·    Will not be an eyesore

·    Noxious weeds – wash down bay will be covered

·    Had a successful relationship with neighbours

·    Machines go from job to job and not often on site

·    Complaints on how the business is conducted will be taken on board


ITEM 9.4      DA2013/170        140814      Development Application DA2013/170

393/14 RESOLVED:        (Finlayson/South)


1        That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2013/170 for a three lot subdivision (boundary adjustment) and truck depot at Lots 2, 3 & 5 DP 881651 & Lot 101 DP825215, subject to the schedule of conditions outlined in attachment 2 of this report.


2        That Council note the submissions in the confidential report.


For the motion                 Councillors Ainsworth, South, Finlayson and Morrison      (Total 4)

Against the motion           Councillors Flack and Ballangarry        (Total 2)


Note:  Cr Flack requested her vote be recorded against the resolution as Cr Flack believes that the development does not comply with Council’s LEP.

Note:  Cr Ballangarry OAM requested his vote be recorded against the resolution as he believes prime agricultural land should remain as farmland.






There were no questions with Notice.





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




General Manager Report


ITEM 9.1      SF959                140814      Outstanding Actions and Reports

394/14 RESOLVED:        (Finlayson/South)


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




ITEM 9.2      SF578                140814      Integrated Water Cycle Management (IWCM) Strategies and Strategic Business Planning (SBP) - New Check Lists and Reporting Arrangements

395/14 RESOLVED:        (Finlayson/Flack)


1        That Council receive and note the information from the Office of Water in relation to new check lists and reporting arrangements for Integrated Water Cycle Management (IWCM) Strategies and Strategic Business Planning (SBP).


2        That Council note the planned timing of the preparation of a new IWCM being in the first half of 2016.



Item 9.3 was dealt with under Delegations.



Item 9.4 was dealt with under Delegations.




ITEM 9.5      SF1947              140814      2014 July - Development and Complying Development Applications Received

396/14 RESOLVED:        (Ballangarry/Finlayson)


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




ITEM 9.6      SF1947              140814      Construction And Complying Development Certificates Approved July 2014

397/14 RESOLVED:        (Finlayson/South)


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




ITEM 9.7      SF1148              140814      Council Ranger's Report July 2014

398/14 RESOLVED:        (Finlayson/Ballangarry)


That the Council’s Rangers report for July 2014 be received and noted by Council.


399/14 Resolved:        (Flack/Ballangarry)


That Council receive a report regarding nose to kerb parking including what other local government areas are doing in regard to parking; the pros and cons of various ways of parking; and a parking strategy for Council’s consideration.




ITEM 9.8      SF1933              140814      Dealing with Straying Cattle on South Arm Road

400/14 RESOLVED:        (Finlayson/Flack)


1        That Council endorse the procedure for the handling of straying livestock contained in this report, effective immediately subject to the following:


a      That an arrangement be made with cattle carters for the transportation of impounded livestock to the Macksville Showground.


b     That the management of Macksville Showground be informed of the procedure for the impounding of livestock.


2        That Council write to landholders within the immediate South Arm area advising them of their responsibility to prevent stock from leaving their property onto a public road whether or not the stock is owned or agisted on that property.




ITEM 9.9      SF1915              140814      Status of Swimming Pool barrier inspections

401/14 RESOLVED:        (Flack/Morrison)


That the content of the report be noted and that Council officers continue with programmed inspections and processing individual applications for Certificates of Compliance pursuant to Council’s inspection program and the requirements of the Swimming Pools Act 2012




ITEM 9.10    SF988                140814      Invitation for a Representative of Nambucca Shire Council to Join the Mid North Coast Health Promotion Alliance

402/14 RESOLVED:        (Finlayson/Ballangarry)


That the Mayor be nominated as Council’s representative on the Mid North Coast Health Promotion Alliance.




Assistant General Manager Corporate Services Report


ITEM 10.1    SF251                140814      Schedule of Council Public Meetings

403/14 RESOLVED:        (South/Finlayson)


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




ITEM 10.2    SF1991              140814      Investment Report To 31 July 2014

404/14 RESOLVED:        (Finlayson/Ballangarry)


That the Accountant’s Report on Investments placed to 31 July 2014 be noted.




Assistant General Manager Engineering Services Report


ITEM 11.1    SF1103              140814      Off River Storage Project - Compensation for Landowners Affected by Infrastructure Works

405/14 RESOLVED:        (Finlayson/Morrison)


1        That Council make offers of compensation to the affected land owners with properties designated as Lot 3 DP 253386, Lot 102 DP 809380 and Lot 1 DP 1076377 based on the amounts determined in the valuation reports prepared by Herron Todd White.


2        That Council provide the affected landowners with a draft copy of the easement plans and advise them that payment of compensation will be made once they sign the Administration Sheets associated with the Deposited Plan that is to be lodged with the Lands Titles Office.


3        That Council classify the new lots created for the two additional bores and acquired by Council as operational land.




ITEM 11.2    SF90                  140814      Nambucca Shire Traffic Committee Meeting Minutes - 5 August 2014

406/14 RESOLVED:        (Finlayson/South)


That Council:


1        receive and note the minutes of the Nambucca Shire Traffic Committee held on the 5 August 2014.


2        does not request the Roads and Maritime Services to carry out a further speed zone review of Valla Road with a view to reducing the speed limit for trucks or cars on Valla Road.


3        widens the intersection of Valla Road and Sullivans Road to allow through traffic to safely pass turning vehicles and also look at appropriate advanced warning signage for the intersection.


4        investigate the status of the Code of Conduct for truck drivers using the Valla Quarry, this being a requirement of the recent consent modification.


5        approve the following road closures and advertise the road closures seven (7) days prior to the event as follows:


          Event:         Drag-Ens Hot Rod Display – Valla Rod Run

          Date:           27 September 2014

          Street:         Bowra Street and Mann Street, Nambucca Heads from West Street to Ridge                                     Street

          Time:          10.00am and 12.00pm


          Event:         Ford Falcon GT Show N Shine

          Date:           25 October 2014

          Street:         Bowra Street, Nambucca Heads from Rosedale Street to Ridge Street

          Time:          8.00am and 12.30pm


          Event:         St Patricks School Fete

          Date:           14 November 2014

          Street:         Wallace Street, Macksville from Durkin Street to Boundary Street

          Time:          12.00 pm and 7.00pm


          subject to the following documentation being received by Council:


                   •                  Certificate of Currency for Public Liability Insurance;

                   •                  Traffic Management Plan confirming Accredited Traffic Controllers will be                                      on site, and

                   •                  Police approval for the road closure.


6        That Council replace the pedestrian crossing on Centenary Parade, Nambucca Heads with a school crossing with flags and blisters in a location closer to the Nambucca Heads High School entry.

7        That Council install compliant pram ramps either side of the school crossing to cater for all users.


8        That Council request Roads and Maritime Services consider providing a grant through the Safety Around Schools Program towards installing a new school crossing at Frank Partridge VC Primary School, Nambucca Heads, and removal of the redundant pedestrian crossing.


9        That the Local Traffic Committee recommends Council does not reinstall traffic calming devices on Valla Beach Road, South Valla due to certain vandalism.




ITEM 11.3    SF453                140814      Waste Management Quarterly Report April - June 2014

407/14 RESOLVED:        (Flack/Ballangarry)


That Council receive and note the information provided in the Waste Management Quarterly Report for the period April - June 2014.





408/14 RESOLVED:        (Finlayson/Ballangarry)


That the matters in Closed Meeting be noted.






There being no further business the Deputy Mayor then closed the meeting, the time being 7.30 pm. 


Confirmed and signed by the Deputy Mayor on 28 August 2014.