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
Father Michael from the Catholic
Church offered a prayer on behalf of the Nambucca Minister's Association.
DISCLOSURE OF INTEREST
Councillor JA Ainsworth declared
a pecuniary interest in Item 9.3 Gumma Swamp Event Water Quality Monitoring
Study and Recommendations under the Local Government Act as Cr Ainsworth owns
property in the study area. Cr Ainsworth left the meeting for this item.
Councillor R Hoban declared a
non-pecuniary significant conflict of interest in Item 12.1 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.
Councillor PF
Flack declared a non-pecuniary significant conflict of interest in Item5.1 Announcement
of $50m for the Redevelopment of the Macksville Hospital under the Local
Government Act as Cr Flack is an employee of the Mid North Coast Local Health
District . Cr Flack left the meeting for this item.
CONFIRMATION OF MINUTES - Ordinary Council
Meeting 12 February 2015
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682/15 RESOLVED: (South/Flack)
That the minutes of the
Ordinary Council Meeting of 12 February 2015 be confirmed subject to the
following amendment:
Page 8 Item 9.6 Outstanding
DA’s Greater than 12 Months… an amendment was moved by Cr Ainsworth seconded
Cr South that an inspection be conducted in regard to DA2014/158 - the
proposed pistol range at Missabotti – the amendment was lost.
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NOTICE OF MOTION - CR Hoban
Cr Flack left the meeting for
this Item at 5.34pm and returned after the conclusion of the Item at 5.35 pm.
ITEM 5.1 SF2049 260215 Announcement
of $50m for the Redevelopment of the Macksville Hospital (SF988)
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683/15 RESOLVED: (Hoban/South)
1 That Council thank the NSW Deputy
Premier, the Hon. Troy Grant; the Minister for Health, the Hon. Jillian
Skinner; the Parliamentary Secretary for Rural and Regional Health, Melinda
Pavey and the outgoing Member for Oxley, the Hon. Andrew Stoner for the
announcement of funding for the redevelopment of the Macksville hospital.
2 That Council seek a similar funding
assurance from the NSW Opposition.
3 Council continue to liaise with NSW
Health and the Mid North Coast Local Health District concerning the planning
for the hospital upgrade and lobbying for Federal Government funding
assistance.
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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 260215 Outstanding
Actions and Reports
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684/15 RESOLVED: (Ainsworth/MacDonald)
That
the list of outstanding actions and reports be noted and received for
information by Council.
Motion: (Flack/Smyth)
That Council does not undertake
a site inspection of the proposed pistol range Missabotti (DA2014/158) given
that the development application remains incomplete and that staff have no
alternative but to recommend refusal and that all those who received
notification be notified accordingly.
Amendment: (Finlayson/Ainsworth)
That the decision by Council as
to whether the Council makes an inspection be deferred until 12 March 2015.
685/15 Resolved: (Finlayson/Ainsworth)
That the amendment be put.
The amendment was carried and
it became the motion and it was:
686/15 Resolved: (Finlayson/Ainsworth)
That the decision by Council
as to whether Council makes an inspection be deferred until 12 March 2015.
687/15 Resolved: (Hoban/Ainsworth)
That the General Manager
write to the applicants and advise them that as it this is an integrated
development and requires concurrence it will now be put to Council on 12
March 2015 with a recommendation for refusal unless all the necessary information
is provided to Council by 12 March 2015.
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ITEM 9.2 PRF17 260215 Future
Use and Management of Faringdon Fields
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688/15 RESOLVED: (Flack/Ballangarry)
1 Pursuant
to the Clause 55 of the Environmental Planning and Assessment Act 1979,
Council prepare a Planning Proposal to support an amendment to reclassify as
operational land all of the land described as Faringdon Fields being Lot 76
DP 832082 with the intention of transferring it to Aboriginal ownership.
2 The Planning Proposal and associated
material be submitted to the Minister for Planning for Gateway determination
and consideration under Clause 56 of the Act.
3 Prior to the exhibition of the
proposed reclassification, that a Master Plan for the re-establishment of the
Faringdon Fields as a natural area be prepared. The Master Plan is to be
prepared in consultation with residents of Marshall Way, the developers of
the Faringdon subdivision and the Aboriginal community.
4 The preparation of the proposed
Master Plan be funded from Council’s Environmental Levy.
5 That the General Manager be provided
with delegated authority to appoint an independent person to undertake the
public hearing for the proposed reclassification.
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Cr Ainsworth left the meeting for
this item at 6.36 pm and returned after the conclusion of this item at
6.37 pm.
ITEM 9.3 SF1809 260215 Gumma
Swamp Event Water Quality Monitoring Study and Recommendations
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689/15 RESOLVED: (Finlayson/Flack)
1 That Wetland Care, Office of Environment
and Heritage and Council present the findings of the report to the local
landholders and interested stakeholders.
2 That Council pursue the recommended
actions for the containment strategy proposed in the Report.
3 That unallocated Environmental Levy
funds be used to support the project and the General Manager and Mayor be
provided with authority to agree to a funding variation with the Office of
Environment and Heritage to ensure that the actions proposed in the report
can be completed in full.
4 That staff and Wetland Care
representatives commence discussions with landholders regarding the future
management of structures.
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ITEM 9.4 SF1148 260215 Council
Ranger's Report January 2015
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690/15 RESOLVED: (MacDonald/Finlayson)
That the Council’s casual
Ranger’s report for January 2015 be received and noted by Council.
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ITEM 9.5 RF275 260215 Bellingen-Bowraville
Road
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691/15 RESOLVED: (Smyth/Flack)
1 That Council proceed with undertaking
environmental works and the provision of an access trail on the southern
section of Bellingen Road as per the offer from Roads and Maritime Services
in their letter dated 10 February 2015.
2 That Council liaise with the National
Parks and Wildlife Service, Forests NSW and the Rural Fire Service in
relation to their requirements and the intended work.
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ITEM 9.6 SF2038 260215 2015
January - Construction And Complying Development Certificates Approved
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692/15 RESOLVED: (Finlayson/Ainsworth)
That the Construction and
Complying Development Certificates approved for January 2015 be noted and
received for information by Council.
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ITEM 9.7 SF2038 260215 2015
January - Development and Complying Development Applications Received
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693/15 RESOLVED: (South/Flack)
That the
Development Applications and Complying Development Applications received in
January 2015 be received for information.
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Assistant General Manager Corporate Services Report
– LATE
ITEM 9.8 SF1935 260215 Allocation
of Section 94 Funds to Macksville Skate Park Project
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694/15 RESOLVED: (Flack/Smyth)
That Council approve an
allocation of $225,000 from Section 94 Community Facilities and Public Open
Space Fund as a contribution to the Macksville Skate Park project, within the
overall Macksville Fun and Fitness Precinct.
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ITEM 10.1 SF251 260215 Schedule
of Council Public Meetings
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695/15 RESOLVED: (Ainsworth/Morrison)
That the schedule of dates
for public Council meetings be noted and received for information by Council.
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ITEM 10.2 SF588 260215 Nambucca
District Historical Society Committee of Management - Minutes of Annual
General Meeting - 16 September 2014
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696/15 RESOLVED: (Smyth/Ainsworth)
That Council endorse the
minutes of the Committee of Management for the Nambucca District Historical
Society’s Annual General Meeting held on 16 September 2014.
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ITEM 10.3 SF327 260215 Nambucca
District Band Committee of Management - Minutes of the Annual General Meeting
- 10 February 2015
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697/15 RESOLVED: (Ainsworth/Finlayson)
That Council endorse the
Nambucca District Band Committee of Management’s minutes of the Annual
General Meeting held on 10 February 2015 and thank the outgoing Committee for
their work in the past twelve months.
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ITEM 10.4 SF329 260215 Crosswinds
Wetlands Nature Reserve Committee of Management - Minutes of Annual general
Meeting - 23 October 2014
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698/15 RESOLVED: (Finlayson/MacDonald)
That Council endorse the
Minutes of the Committee of Management for the Crosswinds Wetlands Nature
Reserve’s Annual General Meeting held on 23 October 2014 and thank the
Committee for continued good work in the past twelve months.
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ITEM 10.5 SF342 260215 Valla
Beach Tennis Club Inc Committee of Management - Minutes of AGM 9 February
2015
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699/15 RESOLVED: (MacDonald/Finlayson)
That Council endorse the
Valla Beach Tennis Courts Committee of Management’s minutes of the Annual
General Meeting held on 9 February 2015 and thank the outgoing Committee for
their work in the past twelve months.
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ITEM 10.6 SF1998 260215 December
2014 Budget Review
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700/15 RESOLVED: (MacDonald/South)
1 That the budget
review for the quarter ended 31 December, 2014 be received.
2 That the recommended increases and decreases in votes be
included as subsequent votes for the financial year 2014/2015.
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Assistant General Manager Engineering Services Report
ITEM 11.1 SF1676 260215 Capital
Works Report - December 2014
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701/15 RESOLVED: (Ainsworth/Finlayson)
1 That the Capital Works Report for the second quarter of
the 2014/15 financial ending 31 December 2014 be received and noted.
2 That the proposed variations be endorsed and included in
the December 2014 budget review.
3 That Council defer the construction of Peterkin’s
Bridge ($182,000.00) and reallocate the funding to Purcells Bridge on
Rhones Creek Road ($85,000.00) with the $97,000.00 difference in the cost
being allocated as follows:
a) $33,000.00 to the over expenditure on Tout’s bridge
b) $50,000.00 allocated onto Bakers Creek Bridge to cover the
cost of the detour side track.
c) $14,000.00 placed in the bridge reserve
4 That the $85,000.00 allocated for Rehabilitation of Lower
Parks Street be reallocated to another rehabilitation project
identified in the asset management plan for capital urban works.
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ITEM 11.2 SF85 260215 NSW
Rural Fire Service Liaison Committee meeting Thursday 11 February 2015 –
Service Level Agreement 2015
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702/15 RESOLVED: (MacDonald/Ainsworth)
That Council receive, note
the report and endorse the minutes for the RFS Liaison
Committee Meeting Service Level Agreement – 2014/2015 held on Wednesday
11 February 2015.
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ITEM 11.3 SF843 260215 Minutes
of the Vehicular Access To Beaches Committee meeting - 13 February 2015
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703/15 RESOLVED: (Morrison/Ainsworth)
1 That the minutes of the Vehicular Access to Beaches
Committee meeting held on Friday 13 February 2015 be received and noted.
2 That Council provides signage on North Valla Beach to
note entering an area that requires a beach access permit, and also at the
beach entry access point of North Valla Beach advising no access beyond this
point. The signage to be funded from beach access works order.
3 That Council write to Bellingen Shire Council inviting
them to join the Beach Permit System.
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COUNCIL IN CLOSED MEETING
(CLOSED TO THE PUBLIC)
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Resolved: (Ainsworth/MacDonald)
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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The
Mayor left the meeting at 7.15 pm.
The
Deputy Mayor took the Chair for the remainder of the meeting.
General Manager Report
For Confidential Business Paper in Closed Meeting
ITEM
12.1 DA2001/096 260215 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 7.15 pm.
RESUME IN OPEN MEETING
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Resolved: (MacDonald/South)
That Ordinary Council Meeting resume in Open Meeting. The Ordinary
Council Meeting resumed IN OPEN MEETING at 7.30 pm
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FROM COUNCIL IN CLOSED MEETING
General Manager Report
For Confidential Business Paper in Closed Meeting
ITEM
12.1 DA2001/096 260215 Outcome of "Without
Prejudice" Conciliation Negotiations - Valla Quarry
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704/15 RESOLVED: (Finlayson/South)
That Council proceed to finalise the
conciliation agreement in accordance with the recommendation contained within
the report.
NOTE: Cr
Flack requested her vote be recorded against the resolution because
negotiations should have continued in order to get an agreement on a peer
review of the performance audit.
Cr Smyth requested her vote be recorded against for the same
reason as Cr Flack and also because she does not believe it is substantially
the same development.
Cr Ballangarry requested his vote be recorded against this
resolution because of their poor compliance record in the past.
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CLOSURE
There being no further business
the Deputy Mayor then closed the meeting the time being 7.31 pm.
Confirmed and signed by the Mayor on 12 March 2015.
CR RHONDA HOBAN
MAYOR
(CHAIRPERSON)