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

Cr Elaine South

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

PRAYER

 

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

 

 

DISCLOSURE OF INTEREST

 

Councillor K MacDonald declared a non-pecuniary less significant conflict of interest in Item 11.1 Tender T030/2014 Mowing and Slashing Rural Roadsides under the Local Government Act as one of the tenderers is a distant relation of Cr MacDonald’s and his wife is also an ex-coworker of Cr MacDonald’s.

 

Councillor BJ Finlayson declared a pecuniary interest in Item 5.6 Notice of Motion - Hughes Creek, Macksville - Plan of Management under the Local Government Act as Cr Finlayson has a business interest in the pre-school adjacent to Hughes Creek. Cr Finlayson left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 14 August 2014

 

1/14 RESOLVED:  (South/Ainsworth)

 

That the minutes of the Ordinary Council Meeting of 14 August 2014 be confirmed subject to the following amendment:

          Item 9.3 on page 7 was moved by Cr Flack and seconded by Cr South.

 

 

 

NOTICE OF MOTION - CR Hoban

 

ITEM 5.1      DA2012/123        280814      Notice Of Motion - Donation of DA Modification Fee, Inspection Fee and Certification Fee - Proposed Additional Storage and Refurbishment of the Macksville-Scotts Head SLSC

409/14 RESOLVED:        (Hoban/Ainsworth)

 

That Council provide a donation to the Macksville-Scotts Head SLSC of $827.50 being the fees required for a modification and construction certificate application submitted to Council on 29 July 2014.

 

 

NOTICE OF MOTION - CR BALLANGARRY OAM

 

ITEM 5.2      SF1933              280814      Notice of Motion - Request to Attend Local Government Aboriginal Network Conference 10-12 September 2014 - Narrandera (SF352)

410/14 RESOLVED:        (Ballangarry/MacDonald)

 

That Cr Martin Ballangarry OAM be granted leave to attend the Annual Local Government Aboriginal Network in Narrandera 10 – 12 September 2014.

 

 

 

NOTICE OF MOTION - CR MORRISON

 

ITEM 5.3      SF1933              280814      Notice of Motion - Request for Leave - Cr Bob Morrison - 30 October to 19 November 2014 (SF1788)

411/14 RESOLVED:        (Morrison/Ainsworth)

 

That Cr Bob Morrison be granted leave of absence in accordance with Section 234(d) of the Local Government Act Thursday 30 October to Friday 19 November 2014 inclusive.

 

 

 

NOTICE OF MOTION - CR Flack

 

ITEM 5.4      SF1933              280814      Notice of Motion – Call For Report On Nambucca Skate Park (SF1690)

412/14 RESOLVED:        (Flack/Smyth)

 

1        That Council receives a report regarding:

 

a.       public safety and liability risk to Council in terms of the barbed wire fence at the Nambucca Heads Skate Park

b.       current management of the skate park including use, complaints, ranger reports, costs and management options

c.       a copy of the Deed of Agreement be presented to Council.

 

2        That Council undertake a site inspection of the Nambucca Heads Skate Park.

 

 

 

NOTICE OF MOTION - CR Hoban

 

ITEM 5.5      SF1933              280814      Notice Of Motion - Community Feedback On Transition Away From Regional Library Service (SF1759)

413/14 RESOLVED:        (Hoban/Flack)

 

That Council note the contents of Ms Pianella’s letter and congratulate Ms Tracey Ross and the library staff on a successful transition to a stand-alone library service for the Nambucca Valley.

 

 

 

NOTICE OF MOTION - CR Ainsworth – LATE

 

Cr Finlayson left the meeting at 5.39 pm and returned after the conclusion of the item at 5.41 pm.

 

ITEM 5.6      SF595                280814      Notice of Motion - Hughes Creek, Macksville - Plan of Management (SF595)

414/14 RESOLVED:        (Ainsworth/MacDonald)

 

That Council develop a plan of management for the ongoing maintenance of Hughes Creek.

 

   

 

ASKING OF QUESTIONS WITH NOTICE

 

There are no Questions with Notice.

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

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

 

 

 

General Manager Report

 

ITEM 9.1      SF959                280814      Outstanding Actions and Reports

415/14 RESOLVED:        (Ainsworth/Flack)

 

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

 

 

 

ITEM 9.2      SF1894              280814      Update - Vegetation Mapping and Koala Habitat Study

416/14 RESOLVED:        (Flack/South)

 

That this item be deferred to the next Council meeting on 11 September 2014.

 

 

 

ITEM 9.3      DA2013/129        280814      DA2013/129 Proposed Two(2) Lot Subdivision Lot 8 DP1031509 - 125 Ocean View Drive, Valla Beach

Motion:      (Smyth/Flack)

 

1        That Council engage a geotechnical firm specialising in coastal and riverine processes to review the geotechnical study.

 

2        The matter be reported back to Council for determination in September 2014.

 

For the motion:                Councillors Ballangarry, Flack and Smyth      (Total 3)

Against the motion:         Councillors  Hoban Morrison, Finlayson, Ainsworth, MacDonald and South                                           (Total 6)

The motion is LOST.

 

Motion:      (Finlayson/Ainsworth)

 

That Council accept the geotechnical report which has been received and that the application be approved subject to the conditions listed in the business paper.

 

Amendment:       (Flack/Ballangarry)

 

That this matter be deferred to Council’s next meeting on 11 September 2014 so that those who made submissions are advised of the date of the meeting when Council will determine the application.

 

For the amendment:        Councillors Ballangarry, Smyth, Flack, MacDonald and South    (Total 5)

Against the amendment:  Councillors Hoban, Morrison, Finlayson and Ainsworth               (Total 4)

 

Note:    Councillors Ainsworth, Morrison and Hoban requested that their votes be recorded as against the amendment because it was previously made clear that the application would be approved subject to a satisfactory geotechnical report.

 

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

 

Motion:      (Flack/Ballangarry)

 

That this matter be deferred to Council’s next meeting on 11 September 2014 so that those who made submissions are advised of the date of the meeting when Council will determine the application.

 

For the motion:                Councillors Ballangarry, Flack and Smyth      (Total 3)

Against the motion:         Councillors Hoban, Morrison, Finlayson, Ainsworth, MacDonald and South                                           (Total 6)

The motion was LOST.

 

Motion:      (Ainsworth/Morrison)

 

That Council accept the geotechnical report which has been received and that the application be approved subject to the conditions listed in the business paper.

 

Amendment:       (Flack/Ballangarry)

 

That Council accept the geotechnical report which has been received and that the application be approved subject to the conditions listed in the business paper with the exception that condition no 17 be amended to a height of 5.0 metres and that condition no 8 be amended by the addition of a requirement for appropriately sized nesting boxes where any native species found are relocated.

 

For the amendment:                  Councillors Ballangarry, Flack and Smyth      (Total 3)

Against the amendment:            Councillors Hoban, Morrison, Finlayson, Ainsworth, MacDonald and South                                          (Total 6)

The amendment is LOST.

 

Amendment:       (Flack/Smyth)

 

That Council accept the geotechnical report which has been received and that the application be approved subject to the conditions listed in the business paper with the exception that condition no 8 be amended by the addition of a requirement for appropriately sized nesting boxes where any native species found are relocated.

 

For the amendment:        Councillors   Hoban, South, Ballangarry, Flack, Smyth, MacDonald      (Total 6)

Against the amendment:  Councillors Morrison, Ainsworth and Finlayson       (Total 3)

 

The amendment was carried and it becomes the motion and it is:

 

Motion:      (Flack/Smyth)

 

That Council accept the geotechnical report which has been received and that the application be approved subject to the conditions listed in the business paper with the exception that condition no 8 be amended by the addition of a requirement for appropriately sized nesting boxes where any native species found are relocated.

 

For the motion:                Councillors Morrison, Finlayson, Ainsworth, MacDonald, South, Hoban         (Total 6)

Against the motion:         Councillors Ballangarry, Flack, Smyth            (Total 3)

 

417/14 Resolved:        (Flack/Smyth)

 

That Council accept the geotechnical report which has been received and that the application be approved subject to the conditions listed in the business paper with the exception that condition no 8 be amended by the addition of a requirement for appropriately sized nesting boxes where any native species found are relocated.

 

Note:  Cr Flack requested her vote be recorded against the resolution because she believes the geotechnical report should be peer reviewed and those who made submissions should have been advised of this Council meeting being the meeting which would determine the application

 

 

 

ITEM 9.4      SF1947              280814      Outstanding DA's greater than 12 months, applications where submissions received not determined from 23 July - 20 August 2014

418/14 RESOLVED:        (Ainsworth/South)

 

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

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF321                280814      Missabotti Community Centre Committee of Management AGM - 27 July 2014 - Minutes

419/14 RESOLVED:        (Ainsworth/South)

 

That Council endorse minutes of the Committee of Management for the Missabotti Community Centre’s Annual General Meeting held on 27 July 2014, and thank the outgoing Committee for their work in the past twelve months.

 

 

 

ITEM 10.2    SF339                280814      Unkya Reserve Committee of Management - Minutes of Annual General Meeting - 17 July 2013

420/14 RESOLVED:        (MacDonald/Morrison)

 

That this item be deferred.

 

 

 

ITEM 10.3    SF251                280814      Schedule of Council Public Meetings

421/14 RESOLVED:        (Smyth/Ainsworth)

 

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

 

 

 

ITEM 10.4    SF325                280814      Gordon Park Tennis Centre Committee of Management - Annual General Meeting - 24 July 2014 - Minutes

422/14 RESOLVED:        (Smyth/Ballangarry)

 

That Council endorse the minutes of the Committee of Management Gordon Park Tennis Centre’s Annual General Meeting which was held on 24 July 2014 and that Council thank the outgoing Committee for their work in 2013/2014.

 

 

 

ITEM 10.5    SF312                280814      Gordon Park Rainforest Committee of Management - Annual General Meeting - 14 August 2014 - Minutes

423/14 RESOLVED:        (Morrison/Ainsworth)

 

That Council endorse the minutes of the Committee of Management of the Gordon Park Rainforest Annual General Meeting which was held on 14 August 2014 and that Council thank the outgoing Committee for their work in 2011/2012.

 

424/14 Resolved:        (Morrison/Ainsworth)

 

That a letter be sent to the State Minister for the Environment and copies sent to our Local and Federal Members of Parliament attaching a copy of these minutes and pointing out the destruction caused by the flying fox colony and its effects on the rainforest, the environment, the residents and the effects on our tourism.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    T030/2014           280814      Tender T030/2014 Mowing and Slashing Rural Roadsides

425/14 RESOLVED:        (Ainsworth/Smyth)

 

1        That Council accept the tender submitted by Australian Environmental Services for T030/2014 – Mowing and Slashing of Rural Sealed Roadsides for a three (3) year period commencing 1 October 2014 and terminating on 30 September 2017.

 

2        That Council update the Contract Register.

 

3        That the information in the Closed Report be noted.

 

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

Against the motion:         Councillor MacDonald               (Total 1)

 

 

 

ITEM 11.2    SF247                280814      Feasibility of Providing Sewerage Infrastructure to Pelican Park and the South Nambucca Area

426/14 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council correspond with landowners in the South Nambucca area between Teagues Creek to gauge their support for a proposal to provide a pressure sewerage system in that area taking into account the costs that will be imposed on them.

 

2        That Council engage a consultant experienced in pressure sewerage design to complete a concept design report for a pressure sewerage system to provide for existing development and future growth in the South Nambucca area including cost estimates for the initial stage from Teagues Creek to Pelican Park.

 

3        That Council provide a budget variation of up to $10,000 in the 2014/15 sewerage budget for the concept design report.

 

 

 

ITEM 11.3    SF844                280814      Nambucca District Water Supply Steering Committtee Meeting - 6 August 2014

427/14 RESOLVED:        (Ainsworth/South)

 

That the minutes of the record of discussion held on 6 August 2014 in lieu of the formal Steering Committee Meeting be received and noted by Council.

 

 

 

ITEM 11.4    SF992                280814      Nambucca Emergency Operations Centre Meeting held on 5 August 2014

428/14 RESOLVED:        (Morrison/Ainsworth)

 

1           That Council receive and note the minutes of the Nambucca Emergency Operations Centre Committee held on 05 August 2014.

 

2        That Council restrict the voting rights of the Nambucca Emergency Operations Centre Committee to the adopted Committee Members as follows:

    Any 2 members representing the State Emergency Service

    Any 2 members representing the NSW Rural Fire Service

    Any Councilor appointed to the Nambucca Emergency Operations Centre Committee

    Assistant General Manager Engineering Services (or Nominated representative)

Any other persons present at the meeting to be identified as observers only.

2           That the Asset Management Plan (AMP) presented at the meeting on the 05 August 2914 be received and noted.

 

3           That Council considers the request of the Committee to allocate $40,000 in the draft 2015/2016 budget considerations.

 

4           That Council no longer makes the Council Training Room available for public hire.

 

5           That Council allows the State Emergency Services, NSW Rural Fire Service and associated emergency services to utilise the Council Training Room provided they make a reservation through Council.

 

7        That all future bookings of Council Training Room at the Nambucca Emergency Operations Centre are to be made through Council.

 

     

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.40 pm.

 

Confirmed and signed by the Mayor on 11 September 2014.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)