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

 

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

 

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.

 

 

 

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)

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.

 

   

 

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

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.

 

 

 

ITEM 9.2      PRF17                260215      Future Use and Management of Faringdon Fields

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.

 

 

 

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

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.

 

 

 

ITEM 9.4      SF1148              260215      Council Ranger's Report January 2015

690/15 RESOLVED:        (MacDonald/Finlayson)

 

That the Council’s casual Ranger’s report for January 2015 be received and noted by Council.

 

 

 

ITEM 9.5      RF275                260215      Bellingen-Bowraville Road

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.

 

 

 

ITEM 9.6      SF2038              260215      2015 January - Construction And Complying Development Certificates Approved

692/15 RESOLVED:        (Finlayson/Ainsworth)

 

That the Construction and Complying Development Certificates approved for January 2015 be noted and received for information by Council.

 

 

 

ITEM 9.7      SF2038              260215      2015 January - Development and Complying Development Applications Received

693/15 RESOLVED:        (South/Flack)

 

That the Development Applications and Complying Development Applications received in January 2015 be received for information.

 

 

 

Assistant General Manager Corporate Services Report – LATE

 

ITEM 9.8      SF1935              260215      Allocation of Section 94 Funds to Macksville Skate Park Project

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.

 

 

 

ITEM 10.1    SF251                260215      Schedule of Council Public Meetings

695/15 RESOLVED:        (Ainsworth/Morrison)

 

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

 

 

 

ITEM 10.2    SF588                260215      Nambucca District Historical Society Committee of Management - Minutes of Annual General Meeting - 16 September 2014

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.

 

 

 

 

ITEM 10.3    SF327                260215      Nambucca District Band Committee of Management - Minutes of the Annual General Meeting - 10 February 2015

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.

 

 

 

ITEM 10.4    SF329                260215      Crosswinds Wetlands Nature Reserve Committee of Management - Minutes of Annual general Meeting - 23 October 2014

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.

 

 

 

ITEM 10.5    SF342                260215      Valla Beach Tennis Club Inc Committee of Management - Minutes of AGM 9 February 2015

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.

 

 

 

ITEM 10.6    SF1998              260215      December 2014 Budget Review

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.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF1676              260215      Capital Works Report - December 2014

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.

 

 

 

ITEM 11.2    SF85                  260215      NSW Rural Fire Service Liaison Committee meeting Thursday 11 February 2015 – Service Level Agreement 2015

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.

 

 

 

ITEM 11.3    SF843                260215      Minutes of the Vehicular Access To Beaches Committee meeting - 13 February 2015

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.

 

 

     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

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:

 

 

 

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

 

Resolved:          (MacDonald/South)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 7.30 pm

 

 

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

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.

 

 

 

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)