PRESENT
Cr Rhonda Hoban (Mayor)
|
Cr John Ainsworth
|
Cr Martin Ballangarry OAM
|
Cr Brian Finlayson
|
Cr Paula Flack
|
Cr Anne Smyth
|
Cr Bob Morrison
|
Cr Elaine South
|
ALSO PRESENT
Michael Coulter (General
Manager)
|
Paul Gallagher (AGM Engineering
Services)
|
Monika Schuhmacher (Minute
Secretary)
|
|
APOLOGIES
Cr Kim MacDonald
Scott Norman (AGM Corporate
Services)
PRAYER
Rev Ross Duncan from the Anglican
Church offered a prayer on behalf of the Nambucca Minister's Association.
DISCLOSURE OF INTEREST
Councillor Smyth declared a non-pecuniary less
significant conflict of interest in Item 9.3 Environmental Levy Community
Fund Applications and Selection under the Local Government Act as Cr Smyth’s
sister-in-law is employed part-time by Nambucca Valley Land Care who have made
an application for funding.
Mr Michael Coulter, General
Manager declared a pecuniary interest in Item 12.3 General Manager's Total
Remuneration Package under the Local Government Act as the matter concerns
his salary and superannuation. Mr Coulter left the meeting for this item.
CONFIRMATION OF MINUTES - Ordinary Council
Meeting 16 April 2015
|
783/15 RESOLVED: (Smyth/South)
That the minutes of the
Ordinary Council Meeting of 16 April 2015 be confirmed.
|
NOTICE OF MOTION - CR Hoban
ITEM 5.1 SF2049 300415 Notice
Of Motion - Minutes Of The Community Safety Precinct Committee 24 February
2015 (SF11)
|
784/15 RESOLVED: (Hoban/Smyth)
That Council note the
minutes of the Community Safety Precinct Committee Meeting held in Nambucca
Shire Council Chambers on the 24 February 2015.
|
NOTICE OF MOTION - CR Hoban
ITEM 5.2 SF2049 300415 Notice
Of Motion - Parolee Accommodation In Nambucca Heads (SF1540)
|
785/15 RESOLVED: (Hoban/Smyth)
1 That Council receive a report on the use of motels for
long term accommodation addressing such issues as the maximum length of stay,
any required facilities for longer term accommodation and the details of any
inspection regimes or compliance checks.
2 That Council write to the NSW Attorney General seeking
details of the number of parolees rehomed in the Nambucca Valley, the support
provided for such people and the reason they are sent to an area with such
high levels of unemployment, limited housing opportunities and minimal public
transport.
|
DELEGATION
|
RESOLVED:
That the following Delegation
be heard:
Item 9.2 – Dog
Breeding at 83 Old Coast Road, North Macksville
i) Mr
Paul Linder – concerned resident
|
ITEM 9.2 LF13 300415 Dog
Breeding at 83 Old Coast Road, North Macksville
|
Motion: (Finlayson/Ainsworth)
1 That Council rescind the following part
of its resolution made on 11 December 2014 (604/14):
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 That Council staff
prepare a letter to the owners of 83 Old Coast Road, North Macksville
advising that the use of the premises for dog breeding is a prohibited use
under the Nambucca Local Environmental Plan 2010 and seeking written
confirmation from the owners that dog breeding on the land has ceased (within
14 days). It is to be advised in the letter that if Council is informed that
such an activity is taking place in the future, Council will commence legal
proceedings seeking orders to restrain the use and an order for Council’s
legal costs.
3 That Council permit the
owners of 83 Old Coast Road, North Macksville to keep eight dogs on the
premises for the remainder of their lifetime subject
to the following conditions:
All females
are desexed within 6 months to ensure numbers do not multiply.
All dogs are
to be identified (microchipped) and registered within 28 days in accordance
with sections 8(3) and 9(1) of the Companion Animals Act 1998.
No dogs,
other than the eight dogs acknowledged by Council, are kept on the premises
unless the total number of dogs kept/registered to the premises does not
exceed four.
4 That Council staff
proceed to issue an order under section 124 of the Local Government
Act 1993 to remove two dogs from the premises.
5 That Council
acknowledge that the owner of number 53 Old Coast Road, North Macksville only
keeps two dogs on the property.
Amendment: (Hoban/Morrison)
1 That Council rescind the following part
of its resolution made on 11 December 2014 (604/14):
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 That Council staff
prepare a letter to the owners of 83 Old Coast Road, North Macksville
advising that the use of the premises for dog breeding is a prohibited use
under the Nambucca Local Environmental Plan 2010 and seeking written
confirmation from the owners that dog breeding on the land has ceased (within
14 days). It is to be advised in the letter that if Council is informed that
such an activity is taking place in the future, Council will commence legal
proceedings seeking orders to restrain the use and an order for Council’s
legal costs. If written confirmation of the cessation of breeding is not
received within 14 days the matter comes back to Council.
3 That Council give the
owners of 83 Old Coast Road, North Macksville a period of 6 months to comply
with Council’s policy to reduce the number of dogs on the premises to two
dogs and that Council staff proceed to issue an order under section 124 of
the Local Government Act 1993 to this effect.
4 That the owners of 83
Old Coast Road, North Macksville be advised it is their responsibility to
contain their dogs wholly in their own premises and adequate fencing is
provided to ensure this.
5 That Council
acknowledge that the owner of number 53 Old Coast Road, North Macksville only
keeps two dogs on the property.
The amend was carried and it
became the motion and it was:
786/15 Resolved: (Hoban/Morrison)
1 That Council rescind the following
part of its resolution made on 11 December 2014 (604/14):
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 That Council staff
prepare a letter to the owners of 83 Old Coast Road, North Macksville
advising that the use of the premises for dog breeding is a prohibited use
under the Nambucca Local Environmental Plan 2010 and seeking written
confirmation from the owners that dog breeding on the land has ceased (within
14 days). It is to be advised in the letter that if Council is informed that
such an activity is taking place in the future, Council will commence legal
proceedings seeking orders to restrain the use and an order for Council’s legal
costs. If written confirmation of the cessation of breeding is not received
within 14 days the matter comes back to Council.
3 That Council
give the owners of 83 Old Coast Road, North Macksville a period of 6 months
to comply with Council’s policy to reduce the number of dogs on the premises
to two dogs and that Council staff proceed to issue an order under section
124 of the Local Government Act 1993 to this effect.
4 That the owners of
83 Old Coast Road, North Macksville be advised it is their responsibility to
contain their dogs wholly in their own premises and adequate fencing is
provided to ensure this.
5 That Council
acknowledge that the owner of number 53 Old Coast Road, North Macksville only
keeps two dogs on the property.
|
ASKING OF QUESTIONS
WITH NOTICE
There are no questions with
notice.
QUESTIONS FOR CLOSED MEETING
WHERE DUE NOTICE HAS BEEN RECEIVED
There are no questions for Closed
meeting where due notice has been received.
787/15 Resolved: (Flack/Ballangarry)
That Item 9.7 be brought
forward for consideration as the Town Planner was present to answer questions
from Council.
|
ITEM 9.7 SF1541 300415 Planning
Proposal Commercial Land Use Zones in Macksville
|
788/15 RESOLVED: (Flack/Smyth)
1 Pursuant to the Clause 55 of
the Environmental Planning and Assessment Act 1979, Council endorse
the Planning Proposal to support an amendment to the commercial land use
zones floor space ratios and minimum lot sizes in Macksville.
2 The Planning Proposal and
associated material be submitted to the Minister for Planning for
consideration under Clause 56 of the Act.
For the Motion: Cr
Hoban, Morrison, Ballangarry, Flack, Smyth, Finlayson, Ainsworth and South. (Total
8)
Against the Motion: Nil
|
General Manager Report
ITEM 9.1 SF959 300415 Outstanding
Actions and Reports
|
789/15 RESOLVED: (Flack/Ballangarry)
That
the list of outstanding actions and reports be noted and received for
information by Council.
790/15 Resolved: (Morrison/Ainsworth)
1 That in regard to Item 27, Council write to our Local
Member the Hon Melinda Pavey MLC and respectfully ask her if she could
intervene on Council’s behalf to obtain answers to Council’s questions
regarding fishing matters in the Nambucca River and estuaries as listed in Council’s
letter to Coffs Harbour Fisheries on 19 February 2015 - which to date has
been totally ignored.
2 That the letter to Hon Melinda Pavey MLC should mention
that Fisheries in Coffs Harbour have to date totally ignored Council’s many
requests for them to address Council in order to explain and clarify Council’s
concerns about commercial fishing and the fishing situation in the Nambucca
River and estuaries.
3 That Council ask our Local Member her opinion that if no
suitable reply is received to the requested information, how best to proceed
and what actions to take to obtain this information to which Council is
entitled and expects a government department to provide.
|
Item 9.2
was dealt with under Delegations.
ITEM 9.3 SF688 300415 Environmental
Levy Community Fund Applications and Selection
|
791/15 RESOLVED: (Finlayson/Ainsworth)
That
Council support Environmental Levy Community Fund Applications for a total of
$20,797 including the following projects:
- Scotts Head Coastal
Vegetation Management Plan (Nambucca Valley Landcare $5000)
- Installation of Solar
Power at Missabotti Hall (Missabotti Community Centre $3797)
- Dune Restoration/
Rehabilitation Scotts Head (Scotts Head Protection Group $5000)
- Duffos Rest Area
(Improvements) (Nambucca Lions $5000) subject to the prior preparation of a
management plan which includes public consultation
- I Spy Wildlife
Education Pack for Schools (Nambucca Valley District Wires $2000).
|
ITEM 9.4 SF1031 300415 Deletion
of Policies made redundant by Council's adoption of the Local Approvals
Policy
|
792/15 RESOLVED: (Smyth/Flack)
That
Council delete the following policies from Council’s Policy Register as the
matters they deal with are now covered by Council’s Local Approvals Policy:
a. Appeals
Charitable – Information Stands
b. Local
Approvals Policy – Exemption to obtain Section 68 Approvals Under the Local
Government Act 1993 for Stormwater Drainage from buildings, structures and
disposal of waste water from swimming and spa pools on large rural properties
in excess of 20ha in area
c. Progress
Associations and Chambers of Commerce – Busking in Public Place
d. Use of Road
Reserves and Public Lands for A-Frame Signs, Outdoor Dining Areas, Trading
Tables and Other Structures by Commercial Premises and Community and
Charitable Organisations
e. Commercial
Activities on Parks and Reserves.
|
ITEM 9.5 SF2038 300415 Outstanding
DA's greater than 12 months, applications where submissions received not
determined from 9 April 2015 to 22 April 2015
|
793/15 RESOLVED: (Ainsworth/South)
That the information be
noted by Council.
|
ITEM 9.6 SF1148 300415 Council
Ranger's Report March 2015
|
794/15 RESOLVED: (Ainsworth/Finlayson)
That Council’s Ranger’s
report for March 2015 be received and noted by Council.
|
Item 9.7 was dealt with earlier
in this meeting.
ITEM 9.8 SF1480 300415 Transfer
of Encroachment Licence from Shibba to Dennien - 26 Swimming Creek Rd,
Nambucca Heads
|
Motion: (South/Ainsworth)
That a new license agreement
for all encroachments be entered into with the owner of the Swimming Creek
Caravan Park, the Dennien Group, at an initial rental of $9,307.84 with
annual CPI indexation, and that Council’s seal be attached to the licence
documents as required.
Amendment: (Smyth/Flack)
That the matter be deferred to
next the Council meeting so the terms of the licence can be included in the
report.
The amendment was carried and it became the motion and it
was:
795/15 Resolved: (Smyth/Flack)
That the matter be deferred
to the next Council meeting so the terms of the licence can be included in
the report.
|
ITEM 9.9 SF2044 300415 Sale
of Land for Unpaid Rates
|
796/15 RESOLVED: (Ainsworth/South)
1 That
the information concerning the sale of land for unpaid rates be received.
2 That Council’s Rates Officer, Mr Chris
Wills, be thanked for his initiative and commitment of time and energy in
securing outstanding rates and charges through the process for the sale of
land for unpaid rates.
|
ITEM 9.10 DA2008/242 300415 Request
for Deferred Payment Arrangements for Developer Contributions - Macksville
Heights Drive Subdivision (Mr Barry Kerr)
|
797/15 RESOLVED: (Ainsworth/Finlayson)
That there
be a further report to Council on a policy for the deferred payment of
contributions as suggested in the report and that it include a worked example
of a Deed of Agreement for Mr Kerr’s subdivision for possible adoption by
Council.
|
Assistant General Manager Corporate Services Report
ITEM 10.1 SF544 300415 Developer
Contributions Plan Review: Community Facilities and Public Open Space
|
798/15 RESOLVEDS: (Flack/Smyth)
That Council consider the
reviewed Community Facilities and Public Open Space Developer Contributions
Plan before Council approval is sought at a later date for the draft plan to
be put on public exhibition for a 28 day period.
|
ITEM 10.2 SF25 300415 Donations
Program (Section 356) 2015/2016 - Applications for Approval
|
799/15 RESOLVED: (South/Ainsworth)
That Council:
1 Approves applications for donations to the community
groups (Lions Club of Nambucca Heads, Macksville Public School, Nambucca
Valley Arts Council, Nambucca District Historical Society, Nambucca Valley
Garden Club, Westpac Life Saver Rescue Helicopter) totalling $7,800, and $450
for schools and TAFE awards ceremonies.
2 Approves applications for a waste waiver from the
charitable organisations of Anglican Parish Opportunity Shop Nambucca Heads,
Anglican Parish Opportunity Shop Macksville, Camp Quality Opportunity Shop,
Nambucca Valley Christian Life Centre – Care n Wear, Nambucca Valley Phoenix,
Open Arms Care Inc Disability Service, Salvation Army Community Welfare
Centre, Society of St Vincent De Paul and Nambucca Heads Men’s Shed.
3 Does not approve applications for a waste waiver from
the South Arm Hall Committee of Management, Open Arms Care Inc. Disability
Service and the Macksville Scotts Head Surf Life Saving Club.
Note: Cr Flacks supports
the resolutions but does not support offering another $1000 to the Lions Club
for the Anzac Park jetty project at this time, as last year’s $1000 donation
for the same project has not been spent, the project has not yet secured the
necessary approvals, has not been the subject of community consultation nor
does it have the budget to proceed.
|
ITEM 10.3 SF251 300415 Schedule
of Council Public Meetings
|
800/15 RESOLVED: (Ainsworth/Finlayson)
That the schedule of dates
for public Council meetings be noted and received for information by Council.
|
Assistant General Manager Corporate Services Report
– LATE
ITEM 10.4 SF25 300415 Donations
Program (Section 356) 2015/2016 - Late Application - Life Education Van
"Happy Harold"
|
801/15 RESOLVED: (South/Ainsworth)
That Council approves the
in-kind support estimated at $3,000 for the cost of towing Happy Harold in
2015/2016.
|
Assistant General Manager Engineering Services Report
ITEM 11.1 SF1676 300415 Capital
Works Report - March 2015
|
802/15 RESOLVED: (Ainsworth/Finlayson)
1 That the Capital Works Report for the third quarter of
the 2014/15 financial ending 31 March 2015 be received and noted.
2 That the proposed variations be endorsed and included in
the March 2015 budget review.
3 That Council defer the construction of Bakers
Creek Bridge ($465,000.00) until 2015/16 financial year and place the
funding allocation into the bridge reserve.
4 That Council allocate $70,000.00 from working funds to
complete the unfunded “betterment” section of pavement on Taylors Arm Road to
complete the road pavement works.
5 That Council allocate an additional $15,000.00 from
working funds for the electrical upgrade and tiling of the Bellwood Park
toilet amenities block and note that the completion of the amenities block
may not be completed until the end of July and that any unexpended funds as
at 30 June 2015 will be transferred into the 2015/16 budget.
6 That the following amendments be made to the plant
purchases for water and sewerage in the 2014/15 budget:
a) Purchase
of a tractor valued at $37,000 with no allowance for trade in
b) Purchase a trailer valued at $18,000
c) Delete the replacement of a water snorter.
|
ITEM 11.2 SF90 300415 Nambucca
Shire Traffic Committee Meeting Minutes - 7 April 2015
|
803/15 RESOLVED: (Flack/Smyth)
That Council:
1 receive and note the minutes of the Nambucca Shire
Traffic Committee held on the 7 April 2015
2 refer the extension of the 60 km/h
speed zone on Upper Warrell Creek Macksville beyond the new intersection into
Macksville Heights Estate to Roads and Maritime Services for consideration.
3 defer considerations of No U Turn
signage at the entry to Estuary Lane, Nambucca Heads until the Local Traffic
Committee examine further options to be presented for Council approval.
4 request additional
NSW Police patrols on Seaview Street Nambucca Heads to enforce compliance
with the 50km/h speed limit and Council provide results of tube counts to NSW
Police that demonstrate times of non-compliance.
5 request
a speed zone authorisation from Roads and Maritime Services for consideration
of a reduced speed of 60km/h on Valla Road between the Pacific
Highway and the entrance to the Valla Quarry for trucks and buses.
6 advise Beatties Furniture &
Manchester it is unable to accede to their request to install ‘No Truck
Parking’ signs in Pioneer Street, Nambucca Heads directly outside their store
as heavy vehicle parking is allowed in industrial estates and approving No
Truck Parking signs outside their premise will set a precedent and further
requests will be anticipated.
|
ITEM 11.3 SF247 300415 NSW
Public Works Department briefing on the Iluka Sewerage Treatment Plant
|
804/15 RESOLVED: (Ainsworth/Finlayson)
That
Council receive and note the briefing on the Iluka Sewerage Treatment Plant
and thank Mr Gorton for his presentation
|
The
meeting adjourned at 7.41 pm.
The
meeting resumed at 8.12 pm
COUNCIL IN CLOSED MEETING
(CLOSED TO THE PUBLIC)
|
RECOMMENDATION:
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 SF1886 300415 Infrastructure Services Organisation
Review 2015
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) (f) of the Local Government Act, 1993, on the grounds
that the report contains matters affecting the security of the Council,
Councillors, Council staff or Council property.
For Confidential Business Paper in Closed
Meeting
ITEM
12.2 LF13 300415 Dog Breeding at 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.
For Confidential Business Paper in Closed
Meeting
ITEM
12.3 SF2047 300415 General Manager's Total Remuneration
Package
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) (a) of the Local Government Act, 1993, on the grounds
that the report contains personnel matters concerning particular individuals.
CLOSED MEETING
The
Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced
at 8.12 pm.
RESUME IN OPEN MEETING
|
Resolved: (Morrison/South)
That the Ordinary Council Meeting resume in Open Meeting.
The Ordinary Council Meeting resumed IN OPEN MEETING at 9.27
pm.
|
FROM COUNCIL IN CLOSED MEETING
General Manager Report
For Confidential Business Paper in Closed Meeting
ITEM
12.1 SF1886 300415 Infrastructure Services Organisation
Review 2015
|
805/15 RESOLVED: (Ainsworth/South)
1 That
Council make the following occupied positions redundant and they be removed
from Council’s organisation structure:
Road
Construction Crew
Site
leader Roads
Loader
Operator
Labourer
– Roads Crew
Parks
and Reserves Crew
Parks
and Reserves Supervisor
Parks
Attendants x 2
2 That
Council make the vacant position of Labourer - Bridge Gang redundant and
remove the position from the organisation structure.
3 That
Council create a Technical Officer - Assets position within the organisation
structure.
4 That
Council create two (2) Horticulturalist positions (requiring formal
horticulture qualifications) within the organisation structure.
5 That
Council call tenders from suitably qualified contractors to undertake the
cleaning of the Council public amenities across the Shire.
6 That Council
adopt a reduced level of service for the cleaning of public amenities outside
of tourist holiday periods and a higher level of service for holiday periods
to recognise the increased use of the public facilities.
7 That Council
adopt a reduced level of service for the waste collection outside of tourist
holiday periods and a higher level of service for holiday periods to
recognise the increased use of the public facilities.
8 That Council
purchase an additional ten solar waste compactor bins at a cost of $50,000.00
funded from the general fund or Waste Less Recycle Program and place them in
identified high use areas.
9 That
Council adopts the organisation restructure for the renaming of the
supervisors’ titles and change of responsibilities at the supervisor level as
presented in this report.
10 That
Council adopt the organisation restructure for outdoor work gangs as
presented in this report.
11 That
Council amends the 2014/15 plant replacement program to purchase appropriate
plant within the adopted 2014/15 plant budget allocation as presented in this
report.
12 That Council continue to
participate and use the Work for the Dole program.
Upon
being put to the meeting, the motion was declared carried. Cr Ainsworth
called for a Division.
For the Motion: Councillors JA Ainsworth, MB
Ballangarry, BJ Finlayson, PF Flack, R Hoban,
B Morrison, Smyth and
ES South Total (8).
Against the Motion: Nil
Total (0).
|
For Confidential Business Paper in Closed Meeting
ITEM
12.2 LF13 300415 Dog Breeding at 83 Old Coast Road,
North Macksville
|
806/15 RESOLVED: (Flack/Ballangarry)
That Council note the
confidential attachments which relate to Item 9.2 in Open Meeting
30 April 2015.
|
The General Manager left the meeting the for the
duration of this item at 9.17 pm.
For Confidential Business Paper in Closed Meeting
ITEM
12.3 SF2047 300415 General Manager's Total Remuneration
Package
|
807/15 RESOLVED: (Ainsworth/Smyth)
That Council approve an increase of 0.62% in
the total remuneration package in accordance with Clause 8.3 of the Standard
Contract of Employment for the General Manager.
|
CLOSURE
There being no further business
the Mayor then closed the meeting the time being 9.28 pm.
Confirmed and signed by the Mayor on 14 May 2015.
CR RHONDA HOBAN
MAYOR
(CHAIRPERSON)