Minutes of Ordinary Council Meeting

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.

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.

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)