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






Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)





There were no disclosures of interest.



CONFIRMATION OF MINUTES - Ordinary Council Meeting 30 April 2015


808/15 RESOLVED:        (South/Smyth)


That the minutes of the Ordinary Council Meeting of 30 April 2015 be confirmed subject to the following amendment:


Item 12/1 - in relation to calling for a Division the resolution should read:


“Upon being put to the meeting, the motion was declared carried.  Cr Hoban called for a Division seconded Cr Ainsworth.

For the Motion:               Councillors JA Ainsworth, MB Ballangarry, BJ Finlayson, PF Flack, R Hoban,

                                      B Morrison, A Smyth and ES South              (Total 8)

Against the Motion:         Nil                                                               (Total 0).






ITEM 5 .1     SF2049              140515      Notice of Motion - Request for Natural Disaster Declaration (SF1862)

809/15 RESOLVED:        (Ainsworth/MacDonald)


That Council write to the Minister for Emergency Services, The Hon David Elliott MP, with a copy to the Member for Oxley, requesting that the flood event of April 30 to May 2 2015 affecting the Nambucca Shire LGA be declared a Natural Disaster.






There were questions with Notice from Cr Flack with responses from the General Manager (in italics):


1           Is Council aware that Rally Australia apparently intends to carry out night racing in the Newee Creek section at its next Rally this year?

I am aware from a media release that there will be a night stage in the Newee Creek section.


2           The letter from World Rally Australia to affected residents regarding this year’s event refers to Council support (presumably including any night racing proposal).  I am unaware that any proposal for this year’s Rally even has been put to Council.  Has there been consultation with staff?  If so, to what extent and outcome?

In relation to consultation, the process the organisers follow is different to the process we are used to.  There have been several meetings in relation to particular aspects of the event.  The meetings which I have attended or am familiar with concerned firstly options for the refuelling location in Macksville and secondly the use of the Taylors Arm Reserve.  As I was unavailable the Mayor attended a meeting in relation to the use of the Taylors Arm Reserve.  They (Rally Australia) seem not to put forward a completed proposal for consultation but, as I said, consult as they develop the proposal.


3           Is Council aware of any wider community consultation undertaken with regard to such a significant change in the racing plan as night racing?

I am not aware of what community consultation they have undertaken except that I know they consulted with the Taylors Arm Reserve Committee of Management.


4           If night racing is to occur have staff been advised of what level of environmental and social impact assessment has been undertaken?

I am not aware of what environmental or social impact assessment has been undertaken.


5           Is the World Rally now to be a permanent annual event?

My understanding from a media release today is that the event is secured for 2016, but its future after that is unknown.


6           What is Council’s contribution to this year’s World Rally event in terms of finance, road works, staff time or any other contribution?

The Manager Community Development will provide information in the report about this.  I am of the understanding our contribution and involvement is minimal.





There were no questions for Closed Meeting where due Notice has been received.




General Manager Report


ITEM 9.1      SF959                140515      Outstanding Actions and Reports

810/15 RESOLVED:        (Ainsworth/Finlayson)


That the list of outstanding actions and reports be noted and received for information by Council.




ITEM 9.2      SF24                  140515      Annual NAIDOC Week March- Request for Waiving  Fees for Application and Events on Roads

811/15 RESOLVED:        (Smyth/Ballangarry)


1        That Council waive the $134.00 Application Fee for Activities and Events on Roads.


2        That Council waive the $154.00 advertising free.


3        That Council thank the Bowraville Local Aboriginal Land Council for their assistance in organising the annual NAIDOC week march and for providing insurance for the event.




ITEM 9.3      LF2766               140515      Aukaka Caravan Park - Request that Council Support Partial Road Closure and Purchase

812/15 RESOLVED:        (Finlayson/Ainsworth)


1        That the property owner be invited to lodge a Section 138 application under the Roads Act to allow the continued occupation of the land and that this be referred to Roads and Maritime Services for their concurrence.


2        That the property owner be invited to lodge a road closure application for the section of land which is encroached and the concurrence of the Roads and Maritime Services be sought for this.


3        That the property owner be responsible for all fees and costs in relation to the Section 138 and road closure applications.




ITEM 9.4      SF972                140515      Work for the Dole - Valla Beach Car Park

813/15 RESOLVED:        (Ainsworth/South)


That Council note the information in relation to the “clean up” work around the North Valla car park at the bottom of Gregory Street, Valla Beach and the proposed rehabilitation work.


814/15 Resolved:        (Flack/Smyth)


That Council receive a report regarding the possibility of funding a part-time natural resources officer/volunteer supervisor and that funding such a position be considered in the next round of environmental levy.




815/15 Resolved:        (MacDonald/South)


That Council hear from the Treasurer of the Valla Beach Community Association, Mr Pete Rundle, regarding the Work for the Dole – Valla Beach Car Park (Item 9.4 above).




ITEM 9.5      DA2015/032        140515      DA2015/032 Assessment Report

816/15 RESOLVED:        (Ainsworth/Finlayson)


That this item be deferred.




ITEM 9.6      SF2038              140515      2015 April - Development and Complying Development Applications Received

817/15 RESOLVED:        (Ainsworth/MacDonald)


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




ITEM 9.7      SF2038              140515      2015 April - Construction And Complying Development Certificates Approved

818/15 RESOLVED:        (MacDonald/Flack)


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




ITEM 9.8      SF2038              140515      Outstanding DA's greater than 12 months, applications where submissions received not determined from 22 April 2015 to 6 May 2015

819/15 RESOLVED:        (South/Smyth)


That the information be noted by Council.



General Manager Report – LATE


ITEM 9.9      SF2070              140515      Transport for NSW Regional Boating Plan Mid North Coast Region - Priority Regional Projects Nambucca Shire

820/15 RESOLVED:        (Ainsworth/Finlayson)


That Council secures the Regional Boating priority projects that have been offered to Council, Council commit the funds identified in this report to the projects and also contribute the following funds to the projects in the 2016/17 and 2017/18 financial years.


-     $123,500 general budget over 2 years being ($61,750 2016/17 & $61,750 2017/18)

-     $36,840 s94 Open Space Contribution funds over 2 years being ($18,420 2016/17 & $18,420 2017/18)



Assistant General Manager Corporate Services Report


ITEM 10.1    SF2006              140515      Borrowing Program  2014-2015

821/15 RESOLVED:        (MacDonald/Morrison)


1        Council approves new borrowings of $300,000 for Infrastructure Works (Roads) as detailed in Council’s Delivery Program 2014-2015.


2        The approved terms of the loan are reducing balance loan for $300,000 for a 10 or 20 year term with a fixed interest rate and monthly repayments.


3        The General Manager accepts the most cost effective loan based on the requested terms.


4        Council authorise the Mayor and the General Manager to execute the Loan Agreement.


5        That in the event the successful financial institution requires the loan agreement to be executed under seal that the Council Seal be affixed to the Loan Agreement.



ITEM 10.2    SF265                140515      Purchase Cards - Repeal of Policy

822/15 RESOLVED:        (Ainsworth/MacDonald)


That Council delete Council Purchasing Card Policy (2676/2008) as an adopted policy of Council.




ITEM 10.3    SF1620              140515      Draft Operational Plan and Long Term Financial Plan

823/15 RESOLVED:        (Hoban/Ainsworth)


That Council resolve to place the draft 2015-2016 Operational Plan, draft 2015-16 Revenue Policy (Fees and Charges) and draft 2015-2025 Long Term Financial Plan on display for public comment and that submissions be received until 4.00 pm on Thursday 11 June 2015.




ITEM 10.4    SF544                140515      Developer Contributions Plan Review: Community Facilities and Public Open Space - Public Exhibition Period Approval

824/15 RESOLVEDS:      (Ainsworth/Smyth)


That Council approve the Draft Community Facilities and Public Open Space Developer Contributions Plan be put on public exhibition from 21 May 2015 to 18 June 2015.




ITEM 10.5    SF251                140515      Schedule of Council Public Meetings

825/15 RESOLVED:        (South/Ainsworth)


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




ITEM 10.6    SF1991              140515      Investment Report To 30 April 2015

826/15 RESOLVED:        (Ainsworth/Ballangarry)


That the Accountants’ Report on Investments placed to 30 April 2015 be noted.




ITEM 10.7    SF270                140515      Review of Policies - Payment of Fees, Expenses & Provision of Facilities to Councillors

827/15 RESOLVED:        (MacDonald/Smyth)


1          That Council endorse the proposed minor changes to the Policies: Payment of Fees, Expenses and Provision of Facilities for Councillors Policy; Councillor Training and Development Policy; Use of Internet and Email Policy with the exception of deleting the fax machine for the Mayor and deleting the car kit for the Mayor.


2          That Council confirm that remuneration will be set at the maximum allowed under the determination of the Local Government Remuneration Tribunal.


3          That Council determine that the amendments are not substantial and the Policies not be placed on Public Exhibition.


4          That the new amended Policies replace the Policies currently on Council’s website.


NoteCr Morrison requested his vote be recorded against resolution 2 because it is not a good look when staff are being put off.




Assistant General Manager Engineering Services Report


ITEM 11.1    SF818                140515      Off River Storage Project - Dam Filling Options Report

828/15 RESOLVED:        (Ainsworth/Finlayson)


That Council note the information provided.




ITEM 11.2    T001/2015           140515      Tender T001/2015 for Construction of a Sports Lighting System, Macksville Park Touch Football Fields

829/15 RESOLVED:        (Finlayson/South)


1        That Council accept the conforming submission for T001/2015 Construction of a Sports Lighting System, Macksville Park Touch Football Fields, from Alan Kneale Electrical Pty Ltd.


2        That Council update the Contract Register.


For the motion:               Councillors Hoban, South, Macdonald, Ainsworth, Finlayson, Smyth, Flack,

                                      Ballangarry and Morrison (Total 9)

Against the motion:         Nil




ITEM 11.3    SF453                140515      Waste Management Quarterly Report January - March 2015

830/15 RESOLVED:        (Ainsworth/Finlayson)


That Council receive and note the information provided in the Waste Management Quarterly Report for the period January – March 2015.




ITEM 12.2    SF2006        140515         Borrowing Program 2014-15 Indicative Rate

831/15 Resolved:        (Flack/Ainsworth)


That the information in Item 12.2 be noted.




ITEM 12.3    T001/2015    140515         Tender T001/2015 Construction of a Sports Lighting System at Macksville Park

832/15 Resolved:        (Ainsworth/Flack)


That the information in Item 12.2 be noted.



General Manager Report

For Confidential Business Paper in Closed Meeting


ITEM 12.1    SF791                140515      Valla Growth Area - Acquisition of Employment Land

833/15 Resolved:        (Ainsworth/Smyth)


That Item 12.1 be deferred.





There being no further business the Mayor then closed the meeting the time being 7.00 pm. 


Confirmed and signed by the Mayor on 28 May 2015.