Minutes of Ordinary Council Meeting

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)

FUNERAL OF MR PHILLIP HUGHES

The Mayor thanked the Assistant General Manager Engineering Services, Mr Paul Gallagher and all his staff for the mammoth task of organising buses, traffic, shuttle bus, parking, street closures and providing water for the attendees. There was an amazing response from the general public . The Mayor also thanked the staff who fielded the many telephone calls. She said staff worked above and beyond the call of duty to make this event go smoothly in a very short lead up time.

The Mayor also thanked the Deputy Mayor, Cr John Ainsworth, for his help in sharing the hundreds of phone calls from the media leading up to the event.

PRAYER

Pastor Peter Lott from the Christian Life Centre offered a prayer on behalf of the Nambucca Minister's Association.

DISCLOSURE OF INTEREST

Councillor PF Flack declared a non-pecuniary less significant conflict of interest in Item 9.4 Proposed Reclassification of Part Lot 8 DP 821952, Valla Beach Road from Community to Operational Land under the Local Government Act as Cr Flack is a non-executive member of the Nambucca Valley Conservation Association Inc (NVCA). Ms Allen’s delegation to Council was as a representative of NVCA.

Councillor K MacDonald declared a pecuniary interest in Item 11.1 Feasibility of providing sewerage infrastructure to South Nambucca under the Local Government Act as Cr MacDonald’s sister has property in Kingsworth Estate and they may be financially affected by Council’s decision. Cr MacDonald left the meeting for this item.

CONFIRMATION OF MINUTES - Ordinary Council Meeting 27 November 2014

581/14 RESOLVED: (South/Morrison)

That the minutes of the Ordinary Council Meeting of 27 November 2014 be confirmed.

DELEGATIONS

RECOMMENDATION:

That the following delegations be heard:

9.2 Support for Tourism and the Future of the Visitor Information Centre

i) Mr Dave Banks on behalf of Nambucca Valley Tourism

ii) Mr Barry Duffus OAM

9.4 Proposed Reclassification of Part Lot 8 DP 821952, Valla Beach Road from Community to Operational Land

i) Ms Georgette Allen – President of Nambucca Valley Conservation Association

1 Mr Dave Banks addressed Council making the following points:

· Chairman Nambucca Valley Tourism Association

· Acknowledged the people who present in the Gallery offering support tonight

· Nambucca Valley Tourism’s preferred options are as follows:

Option 1 - retain the existing visitor information centre and deliver the same service (status quo)

Option 2 - preferred option – retain the existing visitor information centre plus establish a second visitor information centre at the proposed Highway Service Centre on the Nambucca Heads Interchange - for example, in a food court area

The second centre could be as simple as a brochure stand, as per the recently adopted Taree model

Option 3 – the Nambucca Valley Tourism Association consider this not an option

Option 4 - the Nambucca Valley Tourism Association consider this not an option

· Recommendation 1 – the Nambucca Valley Tourism Association consider this not an option

· Recommendation 2 – the Nambucca Valley Tourism Association consider this not an option

2 Mr Barry Duffus addressed Council making the following points:

· Unsure about the budget presented in the report for operating expenses and overheads – believes the sums don’t add up

· (Council will) Rue the day you made the decision to close the Nambucca Visitor Information Centre

· Our brochures are not well displayed in Coffs Harbour

ITEM 9.2 SF929 111214 Support for Tourism and the Future of the Visitor Information Centre

Motion: (Morrison/Finlayson)

1 That Council be committed to providing continued support to the Nambucca Tourist Association in the operation of the Visitor Information Centres in support of the Nambucca region.

2 Retain the existing Visitor Information Centre plus establish a second Visitor Information Centre at the proposed Highway Service Centre at the Nambucca Heads interchange.

Amendment: (Ainsworth/Flack)

That Council seek expressions of interest from Bellingen Shire Council and Coffs Harbour City Council on an alliance to operate a regionally focussed Visitor Information Centre from the proposed Highway Service Centre at the Nambucca Heads interchange.

The amendment was carried and it became the motion:

Motion: (Ainsworth/Flack)

Amendment: (MacDonald/South)

That Council be committed to providing continued support to the Nambucca Tourist Association in the operation of the Visitor Information Centre in support of the Nambucca region and that the expenses incurred by secondary site may need to be funded by the tourism business.

That the Association know that going forward the situation may have to be reviewed in light of any joint organisation.

The situation be reviewed every 12 months following the secondary Visitor Information Centre being opened at Highway Service Centre.

In the interim Council not discount any opportunity of entering into an agreement with other councils concerning a regional tourist site at the Highway Centre.

The amendment was LOST.

(582/14 Resolved: (Ainsworth/Flack)

583/14 Resolved: (Hoban/Ainsworth)

That the results of any discussions with Coffs Harbour City Council and Bellingen Council be made available to the Nambucca Valley Tourist Association and general public for consideration and comment prior to any decision being made by Council.

DELEGATIONS continued

Ms Georgette Allen addressed Council to a prepared statement which is on File SF600.

ITEM 9.4 SF600 111214 Proposed Reclassification of Part Lot 8 DP 821952, Valla Beach Road from Community to Operational Land

584/14 RESOLVED: (Hoban/Morrison)

That this item be deferred

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 111214 Outstanding Actions and Reports

585/14 RESOLVED: (MacDonald/Ballangarry)

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

Item 9.2 was dealt with under Delegations.

ITEM 9.3 SF1886 111214 Productivity Savings - Organisation Structure

586/14 RESOLVED: (Ainsworth/Finlayson)

1 That Council seek expressions of interest from its staff for voluntary redundancy as per the Local Government Award provisions, noting that Council is not obliged to make an offer, with each offer to be assessed on its merits including the duties of the position, the cost of the position to the general fund and the cost of the redundancy. Following referral to the Consultative Committee, recommendations to make offers of voluntary redundancy will be reported to Council for determination as a variation to the organisation structure.

2 That Council make representations to the Premier of NSW and the Deputy Premier for the appointment of an independent authority to determine the funding package to be provided by Roads and Maritime Services to Councils for the maintenance of the old (by-passed) Pacific Highway. Further that MIDROC be requested to support Council’s request.

Item 9.4 was dealt with under Delegations.

ITEM 9.5 SF97 111214 Review of Alcohol Free Zone and Alcohol Prohibited Area around central business area and Gordon Park Nambucca Heads

587/14 RESOLVED: (Finlayson/Ainsworth)

1 That Council establish an Alcohol Free Zone in Nambucca Heads in accordance with Section 644 of the Local Government Act (1993) in the area described as:

· an Eastern boundary of Wellington Drive (between the river and Ridge Street) and Estuary Lane;

· a Northern boundary being Short Street (from Estuary Lane), Fletcher Street and Mann Street to the intersection with West Street;

· a Western boundary being Creek Street, south to its intersection with Fraser Street and

· a Southern boundary of the Nelson Street Creek Street intersection, past the RSL Club; through Gordon Park.

2 That the Zone becomes effective upon expiry of the current Zone and concludes 10 January 2019.

3 That the Alcohol Prohibited Area remain in Gordon Park, effective 24 hours 7 days to maintain consistency with the surrounding Alcohol Free Zone.

ITEM 9.6 SF1398 111214 Council's Delivery of Youth and Community Development

588/14 RESOLVED: (Flack/Finlayson)

That the report be noted.

ITEM 9.7 SF1920 111214 Minutes of the Access Committee meeting held 28 October 2014

589/14 RESOLVED: (Ainsworth/South)

1 That the resignation of Mrs Shirley Holmes as Chairperson of the Access Committee is accepted, and that a letter of thanks is sent in appreciation of Shirley's efforts, participation, and her care and understanding of those with special needs.

2 That Cr South be appointed Chairperson until the AGM in March 2015.

3 That the Government response to the Staysafe Inquiry Report into Non-registered Motorised Scooters be noted.

4 That Council notes the Committee’s support for improvements to Macksville Bridge walkway with applications for funding being made as a matter of priority for the northern approach; and further, with Council staff giving consideration to alternatives to improve the bridge walkway section and applying for funding as opportunity arises for those works.

5 That Council note the information in regard to the Disability Act Regulation including its integration with Council’s community planning and proposed timeframes.

6 That the remainder of the minutes of the Nambucca Shire Council Access Committee meeting held 28 October 2014 be endorsed.

ITEM 9.8 SF1920 111214 Minutes of the Access Committee meeting held 25 November 2014

590/14 RESOLVED: (Flack/Ainsworth)

That the minutes of the Nambucca Shire Council Access Committee meeting held 25 November 2014 be endorsed.

ITEM 9.9 SF1361 111214 Unreasonable Complainant Conduct - Model Policy

Motion: (Ainsworth/Flack)

That Council note the adopted Model Policy and Procedures on Unreasonable Complainant Conduct.

Amendment: (Morrison/Ainsworth)

That Council note the adopted Model Policy and Procedures on Unreasonable Complainant Conduct and that any review undertaken be conducted by an external source.

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

591/14 Resolved: (Morrison/Ainsworth)

That Council note the adopted Model Policy and Procedures on Unreasonable Complainant Conduct and that any review undertaken be conducted by an external source

ITEM 9.10 SF1947 111214 Outstanding DA's greater than 12 months, applications where submissions received not determined from 20 November to 3 December 2014

592/14 RESOLVED: (Finlayson/Ainsworth)

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

ITEM 9.11 SF1148 111214 Council Ranger's Report November 2014

593/14 RESOLVED: (Ainsworth/MacDonald)

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

ITEM 9.12 SF1947 111214 2014 December - Construction And Complying Development Certificates Approved November 2014

594/14 RESOLVED: (MacDonald/Finlayson)

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

ITEM 9.13 SF1947 111214 2014 December - Development and Complying Development Applications Received

595/14 RESOLVED: (Ainsworth/Finlayson)

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

Assistant General Manager Corporate Services Report

ITEM 10.1 SF2025 111214 Fit for the Future Report 3 - Improvement Proposal

596/14 RESOLVED: (Ainsworth/MacDonald)

That Council receives this report and notes the information it contains.

ITEM 10.2 SF251 111214 Schedule of Council Public Meetings

597/14 RESOLVED: (Flack/Ainsworth)

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

ITEM 10.3 SF1991 111214 Investment Report To 30 November 2014

598/14 RESOLVED: (Ainsworth/South)

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

Assistant General Manager Engineering Services Report

Cr Macdonald left the meeting for this Item at 8.08 pm and returned after the conclusion of the Item at 8.09 pm.

ITEM 11.1 SF247 111214 Feasibility of Providing Sewerage Infrastructure to South Nambucca

599/14 RESOLVED: (Finlayson/Ainsworth)

1 That Council note the information contained in the report from Pressure Sewer Solutions (Trim doc. 35167/2014).

2 That Council make a submission to the NSW Office of Water seeking a funding contribution to the project.

3 NSW Public Works and/or a representative of Clarence Valley Council be invited to provide Council’s Water and Sewerage Steering Committee with a briefing on the establishment and operation of the Iluka sewerage scheme, and particularly the arrangements for the installation, operation and maintenance of the pump station wells located on private land, the necessity for easements etc.

4 There be a further report to Council on the project following the determination of the grant application for the South Nambucca Sewerage under the National Stronger Regions Fund.

ITEM 11.2 SF1031 111214 Review of Policy - Sustainable Fleet and Plant 2014

600/14 RESOLVED: (Flack/Ainsworth)

That this item be deferred.

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:

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1 SF929 111214 Support for Tourism and the Future of the Visitor Information Centre - Report in Closed

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 SF1931 111214 Investigation of 83 Old Coast Road, North Macksville

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) (e) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, prejudice the maintenance of law.

CLOSED MEETING

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 8.10 pm.

RESUME IN OPEN MEETING

601/14 RESOLVED: (Ballangarry/MacDonald)

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 8.43 pm

FROM COUNCIL IN CLOSED MEETING

General Manager Report

From Confidential Business Paper in Closed Meeting

ITEM 12.1 SF929 111214 Support for Tourism and the Future of the Visitor Information Centre - Report in Closed

602/14 RESOLVED: (Ainsworth/Finlayson)

That the information concerning bookings made at the Nambucca Visitor Information Centre be received.

603/14 Resolved: (Flack/Smyth)

That Council receive a report on how the issue of bookings at the Visitor Information Centre on behalf of businesses might be better managed to ensure transparency and that consideration be given to the appropriateness of booking commissions going to the Nambucca Valley Tourism Association.

From Confidential Business Paper in Closed Meeting

ITEM 12.2 SF1931 111214 Investigation of 83 Old Coast Road, North Macksville

604/14 RESOLVED: (Flack/Smyth)

1 That Council staff commence proceedings against the owners of the site for their offence against section 76B of the Environmental Planning and Assessment Act 1979

2 Give both the owners of 83 Old Coast Road, North Macksville and Mr Linder the opportunity to lodge a written application to Council to vary the restriction on the numbers of dogs within Councils Local Approvals Policy – Keeping of Animals by demonstrating that such a variation will have no potential or actual disturbance to health, environment, or neighbourhood amenity.

3 If sufficient applications are not received, proceed with issuing orders under section 124 of the Local Government Act 1993 to reduce the number of dogs kept on the properties to two.

4 Issue an order to the owners of 83 Old Coast Road, North Macksville under section 124 of the Local Government Act 1993 to reduce the number of cattle on the site to no greater than five.

5 Seek compliance from the owners of 83 Old Coast Road, North Macksville regarding the dogs that are still microchipped to the site but no longer live at the property and the dogs at the site that are not microchipped or registered.

CLOSURE

There being no further business the Mayor then closed the meeting the time being 8.43 pm.

Confirmed and signed by the Mayor on 15 January 2015.

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

Season’s Greetings from the Mayor, Councillors and Council Staff

Please note that Council’s Administration Centre will be closed from close of business

Wednesday 24 December 2014 and will not reopen until Monday 5 January 2015