PRESENT
Cr Rhonda Hoban (Mayor)
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Cr John Ainsworth
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Cr Martin Ballangarry OAM
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Cr Brian Finlayson
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Cr Paula Flack
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Cr Kim MacDonald
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Cr Bob Morrison
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Cr Anne Smyth
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Cr Elaine South
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ALSO PRESENT
Michael Coulter (General
Manager)
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Scott Norman (AGM Corporate
Services)
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Paul Gallagher (AGM Engineering
Services)
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Monika Schuhmacher (Minute
Secretary)
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PRAYER
Pastor Peter Lott from the
Christian Life Centre offered a prayer on behalf of the Nambucca Minister's
Association.
DISCLOSURE OF INTEREST
Councillor R
Hoban declared a non-pecuniary significant conflict of interest in Item 12.3 Outcome
of "Without Prejudice" Conciliation Negotiations - Valla Quarry
under the Local Government Act as Cr Hoban was involved in negotiating the
original conditions of consent for this quarry prior to becoming a Councillor.
Cr Hoban left the meeting for this item.
CONFIRMATION OF MINUTES - Ordinary Council
Meeting 29 January 2015
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660/15 RESOLVED: (MacDonald/Smyth)
That the minutes of the
Ordinary Council Meeting of 29 January 2015 be confirmed subject to the
following amendment:
Page 9 Item 9.2
resolution no 643/15 Resolution should read:
“That Council defer Item
c to receive an alternative option being an environmental “E” zoning.”
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NOTICE OF MOTION - CR Morrison
ITEM 5.1 SF2049 120215 Notice
of Motion - Commercial Fishing in the Nambucca River (SF1496)
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661/15 RESOLVED: (Morrison/Ainsworth)
That
Council write to the Senior Fisheries Manager at NSW Fisheries in Coffs
Harbour with a copy to our Local Member requesting the following information:
i. How many commercial licenses have been
issued in region 3?
ii. The names of the people who hold the commercial
licenses.
iii. The date when the various commercial licenses
were issued?
iv. How many people from the commercial licenses
issued live in the Nambucca Shire?
v. The number of families that hold more than
one commercial license and list the number of commercial licenses held by
that family.
vi. The amount paid for each commercial license
and periodic fees?
vii. The period of validity of each commercial license?
viii. The amount of fish caught in region
3 by variety for the last 10 years.
ix. The amount of fish caught by each commercial
license holder for the last five years.
x. How many research projects have been
conducted in the Nambucca region 3 concerning fish and fish habitat in the
Nambucca River and estuaries. Kindly list these research projects?
xi. In a recent press release by DPI it was
stated “Reviews are undertaken periodically, approximately every five years,
to ensure healthy and sustainable fish stocks. Could you please advise when
the last review was undertaken with particular mention of the region 3 area
and provide a copy of that review?
xii That Council ask how far up the Nambucca
River commercial fishers are allowed to net and are there any restrictions on
the times commercial fishers can fish.
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DELEGATIONS
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RESOLVED:
That the following delegations
be heard:
ITEM 9.2 Management of
Bookings at the Visitor Information Centre
i) Mr Dave Banks who is speaking against the
recommendation.
ITEM 10.1 Final Community
Facilities and Public Open Space Strategy 2015
i) Ms
Colleen Henry on behalf of Nambucca Shire Council
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Mr Banks addressed Council.
ITEM 9.2 SF929 120215 Management
of Bookings at the Visitor Information Centre
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662/15 RESOLVED: (Flack/Smyth)
That
Council advise Nambucca Valley Tourism Inc. that it intends to transfer responsibility
for the reconciliation of the BookEasy bookings (cash, EFTPOS and credit) and
the remittance to operators from Council’s Finance Section to the Nambucca
Valley Tourism Association as of 1 July 2015.
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DELEGATIONS continued
Ms Henry addressed Council.
ITEM 10.1 SF544 120215 Final
Community Facilities and Public Open Space Strategy 2015
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663/15 RESOLVED: (Ainsworth/Flack)
That Council adopt the Final
Community Facilities and Public Open Space Strategy 2015.
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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 120215 Outstanding
Actions and Reports
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664/15 RESOLVED: (Ainsworth/Finlayson)
That
the list of outstanding actions and reports be noted and received for
information by Council.
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Item 9.2 was dealt with under
Delegations.
ITEM 9.3 SF98 120215 Naming
the Old Pacific Highway
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665/15 RESOLVED: (Ainsworth/Smyth)
That
Nambucca Shire Council, in conjunction with Bellingen Shire Council advertise,
subject to prior consultation and agreement with Muurabyy Language Centre,
its intention to adopt the name “Giinagay Way” for the existing Pacific
Highway alignment that will be by-passed across the two local government
areas.
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ITEM 9.4 SF314 120215 Future
of Grants Hall
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666/15 RESOLVED: (Ainsworth/Smyth)
That
Council seek expressions of interest in the leasing of Grants Hall.
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ITEM 9.5 SF688 120215 Environmental
Levy - Revegetation and Restoration Project
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667/15 RESOLVED: (Flack/Smyth)
1
That Council allocate $30,000 of
unallocated Environmental Levy funds to the commencement of a program of
landscape restoration within Council reserves.
2 That any Council
contractors affected by the proposed restoration works be notified and fees
adjusted appropriately.
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ITEM 9.6 SF1947 120215 Outstanding
DA's greater than 12 months, applications where submissions received not
determined from 21 January to 4 February 2015
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668/15 RESOLVED: (Ainsworth/South)
That the applications where
submissions have been received be noted and received for information by
Council.
669/15 RESOLVED: (Flack/Smyth)
That Council staff, once the
timeframe has expired and the requested information has not been provided
that the applicant is given the opportunity to withdraw the application
otherwise it will be put to Council with a recommendation for refusal.
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ITEM 9.7 SF2021 120215 Official
Opening of the Bowraville Off River Water Storage
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670/15 RESOLVED: (Ainsworth/Ballangarry)
1 That the arrangements for the official
opening of the off river water storage at 12 noon on Saturday 28 February
2015 be noted.
2 That the off river water storage be
officially known as “Bowra Dam” and the Geographical Names Board of NSW be
advised accordingly.
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Assistant General Manager Corporate Services Report
Item 10.1 was dealt with under
Delegations.
ITEM 10.2 SF251 120215 Schedule
of Council Public Meetings
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671/15 RESOLVED: (Flack/South)
That the schedule of dates
for public Council meetings be noted and received for information by Council.
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ITEM 10.3 SF309 120215 Transfer
of Ownership - Bowraville Folk Museum from Council to Bowraville Folk Museum
Inc
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672/15 RESOLVED: (Ainsworth/MacDonald)
That
Council note the transfer of ownership of the Bowraville Folk Museum to the
Bowraville Folk Museum Inc was completed on 17 December 2014.
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ITEM 10.4 SF307 120215 Coronation
Park Committee of Management - Minutes of Annual General Meeting - 17
November 2014
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673/15 RESOLVED: (MacDonald/Ballangarry)
That Council endorse the
Minutes of the Committee of Management for Coronation Park’s Annual General
Meeting held on 17 November 2014 and thank the outgoing Committee for their
work in the past twelve months.
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ITEM 10.5 SF1931 120215 Write
Off - Sundry Debtor – NSW Heritage And DSRD Industry Land Strategy (SF1686)
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674/15 RESOLVED: (MacDonald/Ballangarry)
That Council write off the sundry debts of $12,130.90
owed to Council by NSW Heritage and $5,723.00 by DSRD Industry Land Strategy.
Amendment: (Morrison/Ainsworth)
That Council write to the
organisations concerned regarding the money owed.
The amendment was LOST.
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ITEM 10.6 SF1991 120215 Investment
Report To 31 January 2015
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675/15 RESOLVED: (MacDonald/Ballangarry)
That the
Accountants’ Report on Investments placed to 31 January 2015 be noted.
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Assistant General Manager Engineering Services Report
ITEM 11.1 SF1696 120215 Result
of T501415NAM Tender for Supply and Delivery of Electricity to Small Mass
Market Sites
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676/15 RESOLVED: (Flack/Ainsworth)
That Council acknowledge
that the offer from Origin Energy to supply retail energy to Council’s small
non-contestable sites for a period of 24 months has been accepted to commence
from 1 February 2015.
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ITEM 11.2 SF1696 120215 Results
of RA491415NAM Reverse Auction for supply of Electricity for Contestable
Metered Sites and Street Lighting
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677/15 RESOLVED: (Smyth/Ainsworth)
1 That Council acknowledge that the offer from ERM Power
for the supply of electricity to its contestable sites for a period of 24
months has been accepted to commence from 1 January 2016.
2 That Council acknowledge that the offer from ERM Power
for the supply of electricity to its street lighting for a period of 24 months
has been accepted to commence 1 January 2016.
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ITEM 11.3 SF453 120215 Waste
Management Quarterly Report October - December 2014
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678/15 RESOLVED: (Flack/Ballangarry)
That
Council receive and note the information provided in the Waste Management
Quarterly Report for the period October – December 2014.
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Assistant General Manager Engineering Services Report
– LATE
ITEM 11.4 SF85 120215 2015/2016
NSW Rural Fire Services 'BID'
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679/15 RESOLVED: (Flack/Ainsworth)
1 That Council:
a) endorse Option 4 being an allocation outside the realms of
rate pegging levy imposed by the State Government for the Rural Fire Service
“BID” for 2015/16 financial year being an amount of $220,220.00 - a net increase
of 4.5% from the 2014/15 budget.
b) Council thank the Rural Fire Service Zone Manager for the
Lower North Coast Zone for his concerted effort to endeavour to provide a
2015/16 Rural Fire Service “BID” for the Nambucca Shire Council within the
realms of the rate pegging levy and advise that Council is unable to fund the
proposed plant replacement this financial year.
c) Council seek a ten year financial plan on the plant
replacement and infrastructure upgrade from the Rural Fire Service Zone
Manager for the Lower North Coast Zone that can be included into Council’s
long term financial planning and asset management plans.
2 That Council write to the Commissioner for the NSW Rural
Fire Service, the Minister for Police and Emergency Services and the Deputy
Premier, The Hon Andrew Stoner MP advising that:
a) Council considered the two options presented by the
Rural Fire Service Zone Manager for the Lower North Coast Zone 2015/16 Rural
Fire Service “BID” at Council’s meeting on 29 January 2015 and advise that
Council was unable to fund the proposed plant replacement within the options
presented this financial year as the contribution was in excess of the realms
of the rate pegging levy imposed by the State Government.
b) The 2015/16 Rural Fire Service “BID” of $2202,20.00 - a net
increase of 4.5% from the 2014/15 budget has been endorsed by Council at its
meeting on 12 February 2015 and that Council will not endorse any further
increases to the draft bid as presented.
c) Council acknowledge that the Rural Fire Service Zone Manager
for the Lower North Coast Zone has endeavoured to again provide a 2015/16
Rural Fire Service “BID” for the Nambucca Shire Council within the realms of
the rate pegging levy.
d) That Council is unable to fund the proposed plant replacement
in Option one and two presented by the Rural Fire Service Zone Manager for
the Lower North Coast Zone this financial year under the current economic
climate
e) Council has requested a ten year financial plan on the plant
replacement and infrastructure upgrade from the Rural Fire Service Zone
Manager for the Lower North Coast Zone that can be included into Council’s
long term financial planning and asset management plans.
f) Trust that the Commissioner for the Rural Fire Service and
State Government will adhere to the same parameters of the rate pegging levy
imposed onto Local Government.
g) Request the Commissioner for the Rural Fire Service and
Minister for Police and Emergency Services to provide a full detailed
breakdown of the State expenditure that encompasses PART B of the RFS budget
to ensure open transparency of the RFS budget when Council presents its
budget to the Nambucca community.
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The
meeting adjourned at 8.00 pm.
The
meeting resumed at 8.30 pm.
The
Mayor left the meeting for item 12.3 in closed at 8.30 pm.
The
Deputy Mayor, Cr Ainsworth took the Chair for the remainder of the meeting.
COUNCIL IN CLOSED MEETING
(CLOSED TO THE PUBLIC)
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680/15
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:
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Assistant General Manager Engineering Services Report
For Confidential Business Paper in Closed Meeting
ITEM
12.1 SF1696 120215 T501415NAM Tender for Supply and
Delivery of Electricity to Small Mass Market Sites - Confidential Attachment
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 SF1696 120215 RA491415NAM Reverse Auction for supply
of Electricity for Contestable Metered Sites and Street Lighting - Confidential
Attachment
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
12.3 DA2001/096 120215 Outcome of "Without Prejudice"
Conciliation Negotiations - Valla Quarry
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) (g) of the Local Government Act, 1993, on the grounds
that the report contains advice concerning litigation, or advice that would
otherwise be privileged from production in legal proceedings on the ground of
legal professional privilege.
CLOSED MEETING
The
Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced
at 8.30 pm.
RESUME IN OPEN MEETING
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Resolved: (Finlayson/Morrison)
That Ordinary Council Meeting resume in Open Meeting. The Ordinary
Council Meeting resumed IN OPEN MEETING at 9.56 pm.
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FROM COUNCIL IN CLOSED MEETING
Assistant General Manager Engineering Services Report
For Confidential Business Paper in Closed Meeting
ITEM
12.1 SF1696 120215 T501415NAM Tender for Supply and
Delivery of Electricity to Small Mass Market Sites - Confidential Attachment
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resolved:
This item was considered in conjunction with
Item11.1.
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For Confidential Business Paper in Closed Meeting
ITEM
12.2 SF1696 120215 RA491415NAM Reverse Auction for
supply of Electricity for Contestable Metered Sites and Street Lighting -
Confidential Attachment
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resolved:
This item was considered in conjunction with
Item 11.2.
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For Confidential Business Paper in Closed Meeting
ITEM
12.3 DA2001/096 120215 Outcome of "Without
Prejudice" Conciliation Negotiations - Valla Quarry
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681/15 RESOLVED: (Finlayson/MacDonald)
1 That
Council endorse the proposed agreement arising out of the Section 34
conciliation conference for Quarry Solutions Pty Ltd -v- Nambucca Shire
Council (Land and Environment Court Proceedings No. 14/10844) subject to the
plaintiff’s agreement to additional conditions as discussed in Closed
Meeting.
2
That
Council review the Section
94 Contribution Plan for Mines and Extractive Industries.
3 That Council ask
the Local Traffic Committee to reconsider the speed limit on Valla Road,
particularly between the Pacific Highway and the entrance to the Valla Quarry.
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CLOSURE
There being no further business
the Deputy Mayor then closed the meeting the time being 9.57 pm.
Confirmed and signed by the Mayor on 26 February 2015.
CR RHONDA HOBAN
MAYOR
(CHAIRPERSON)