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

 

Reverend Ross Duncan, Anglican Church Nambucca Heads, offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor R Hoban declared a non-pecuniary significant conflict of interest in Item 9.4 Outstanding DA's greater than 12 months, applications where submissions received not determined from 9 July 2015 to 22 July 2015 under the Local Government Act as Cr Hoban has an immediate family member who worked for the applicant of DA2015/066 and has a reasonable expectation of further employment.  Cr Hoban left the meeting for this item.

 

General Manager, Michael Coulter, declared a non-pecuniary significant conflict of interest in Item 9.4 Outstanding DA's greater than 12 months, applications where submissions received not determined from 9 July 2015 to 22 July 2015 under the Local Government Act as one of the development applications referred to, DA2015/066, involves a person who is in his surf lifesaving patrol at Macksville-Scots Head SLSC and with whom he competes with in surf boat rowing.  Mr Coulter left the meeting for this item.

 

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 16 July 2015

 

942/15 RESOLVED:        (MacDonald/Smyth)

 

That the minutes of the Ordinary Council Meeting of 16 July 2015 be confirmed.

 

 

NOTICE OF MOTION - CR Hoban

 

ITEM 5.1      SF2049              300715      Notice Of Motion - Proposed Motions For Submission To LGNSW Annual Conference Business Paper (SF45)

Motion:      (Morrison/Ainsworth)

 

1        That LGNSW request that when the Department of Primary Industries is considering any change to legislation, or any action that impacts on either commercial or recreational fishing on a river system that the councils adjoining that river be notified and consulted.

 

2        That the LGNSW requests the Department of Primary Industries to recommend a thorough investigation into a council’s estuaries and rivers where those rivers are opened to commercial fishing and determine the damage to fish habitat, the environment and the future viability for both commercial and recreational fishing in those areas.

 

3        That LGNSW request that Primary Industry consider a rotational opening and closure of coastal estuaries to commercial fishing to promote sustainability of fish stocks in all rivers. 

 

Amendment:       (Flack/Morrison)

 

1        That LGNSW request that when the Department of Primary Industries is considering any change to legislation, or any action that impacts on either commercial or recreational fishing on a river system that the councils adjoining that river be notified and consulted.

 

2        That the LGNSW requests the Department of Primary Industries to recommend a thorough investigation into a council’s estuaries and rivers where those rivers are opened to commercial fishing and determine the damage to fish habitat, the environment and the future viability for both commercial and recreational fishing in those areas

 

3        That LGNSW request that Primary Industry consider a rotational opening and closure of coastal estuaries to commercial fishing based on publicly available fish stock and environmental monitoring results to promote sustainability of fish stocks in all rivers. 

 

The amendment was carried and it became the motion and it was:

 

943/15 Resolved:        (Flack/Morrison)

 

1        That LGNSW request that when the Department of Primary Industries is considering any change to legislation, or any action that impacts on either commercial or recreational fishing on a river system that the councils adjoining that river be notified and consulted.

 

2        That the LGNSW requests the Department of Primary Industries to recommend a thorough investigation into a council’s estuaries and rivers where those rivers are opened to commercial fishing and determine the damage to fish habitat, the environment and the future viability for both commercial and recreational fishing in those areas

 

3        That LGNSW request that Primary Industry consider a rotational opening and closure of coastal estuaries to commercial fishing based on publicly available fish stock and environmental monitoring results to promote sustainability of fish stocks in all rivers.

 

 

NOTICE OF MOTION - CR Flack

 

ITEM 5.2      SF2049              300715      Notice of Motion - Request for Leave - Cr P Flack (SF348)

944/15 RESOLVED:        (Flack/South)

 

That Cr Paula Flack be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period Monday 3 August 2015 to Monday 24 August 2015, inclusive.

 

 

PUBLIC FORUM

 

RECOMMENDATION:

 

That the following Public Forum be heard:

          Mr Michael Betts -  work on building sites before 7.00 am

Mr Betts did not attend the Council meeting.

 

 

945/15 Resolved:        (Ainsworth/Flack)

 

That Ms Carrolline Rhodes – author of History of Nambucca Shire Council - provide Council with an update.

 

Ms Rhodes addressed Council.  Ms Rhodes suggested that a suitable date for a book launch to be 5 December 2015. 

 

 

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                300715      Outstanding Actions and Reports

946/15 RESOLVED:        (Flack/MacDonald)

 

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

 

 

ITEM 9.2      SF1982              300715      Planning Proposal LEP Amendment no. 19a Adin Street Scotts  Head Results of Exhibition

947/15 RESOLVED:        (Finlayson/Ainsworth)

 

1        That Council proceed with the proposed amendment as drafted in this report.

 

2        That pursuant to Clause 59(1) of the Environmental Planning and Assessment Act 1979 Council request that a draft instrument be prepared by contacting Parliamentary Counsel directly in accordance with Council’s delegated powers.

 

3        That those persons/agencies that made submissions be advised of Council's decision.

 

4        That the owner of 54 Waratah Street be invited to provide Council with a concept plan for the proposed redevelopment of their land so that Council may further consider the appropriateness of their requested rezoning.

 

For the Motion:               Councillors Hoban, Morrison, Ballangarry, Flack, Smyth, Finlayson, Ainsworth,                                     MacDonald and South     (Total 9)

Against the Motion           Nil

 

 

ITEM 9.3      SF25                  300715      Donation and Fee Waivers

948/15 RESOLVED:        (MacDonald/South)

 

1        That Council donates $200 to Mid North Coast Legacy as a contribution to its annual badge selling appeal.

 

2        That Council donates the fee of $108 for the Nambucca Valley Parkinson Support Group for their use of the Macksville Senior Citizens Centre.

 

3        That Council donates the permit application fee of $160 (temporary amusement rides) to the Nambucca River Festival.

 

 

The Mayor and the General Manager left the meeting for this Item at 6.11 pm and returned after the conclusion of the Item at 6.16 pm.

 

The Deputy Mayor took the Chair for the duration of this item.

 

ITEM 9.4      SF2038              300715      Outstanding DA's greater than 12 months, applications where submissions received not determined from 9 July 2015 to 22 July 2015

949/15 RESOLVED:        (Morrison/Smyth)

 

That the information be noted by Council.

 

 

ITEM 9.5      SF1031              300715      New Draft Policy - Local Orders Policy

950/15 RESOLVED:        (Flack/Smyth)

 

1        That Councillors provide any comments on the draft policy within 14 days, after which it will be placed on public exhibition (if no comments are received) or reported back to Council prior to exhibition (if comments are received).

 

2        That, if the draft Policy “Local Orders Policy” is adopted by Council, Council’s current Policy titled “Local Approvals Policy – Keeping of Animals” be deleted at that time.

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF251                300715      Schedule of Council Public Meetings

951/15 RESOLVED:        (Ainsworth/Morrison)

 

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

 

 

ITEM 10.2    SF2116              300715      Review of Investment Funds Policy

952/15 RESOLVED:        (MacDonald/Ainsworth)

 

That Council adopts the Draft Investment of Funds Policy from 30 July 2015.

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF565                300715      Application for Road Closure, River Street Macksville - Vietnam Veterans Day 18 August 2015

953/15 RESOLVED:        (Ainsworth/MacDonald)

 

1        That subject to concurrence from the Local Traffic Committee at its meeting of 4 August 2015, Council approve a request from the Returned Services League of Macksville to conduct a march to commemorate Vietnam Veterans Day noting to the following has been received:

 

·      Certificate of Currency for Public Liability Insurance

·      Traffic Management Plan confirming Accredited Traffic Controllers will be on site, and

·      Police and Roads and Maritime Services approval for the road closures.

 

2        That Council endorse the road closures for Vietnam Veterans Day march from 10.00am to midday on 18 August 2015, as follows:

         

          River Street– Wallace Lane to Princess Street

 

3        That Council advertise the road closures seven (7) days prior to the Vietnam Veterans March.

 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

954/15 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:

 

 

Assistant General Manager Corporate Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF2047              300715      Internal Loan to Finance Land Purchase

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) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

 

General Manager Report—LATE

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF674                300715      Coffs Coast Waste Collection Contract

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) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 6.38 pm.

 

 

RESUME IN OPEN MEETING

 

Resolved:          (Ballangarry/MacDonald)

 

That Ordinary Council Meeting resume in Open Meeting.  The Ordinary Council Meeting resumed IN OPEN MEETING at 7.54 pm.

 

 

FROM COUNCIL IN CLOSED MEETING

 

Assistant General Manager Corporate Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF2047              300715      Internal Loan to Finance Land Purchase

955/15 RESOLVED:        (Morrison/Finlayson)

 

1        That Council resolve to amend the current budget to include the purchase of Lot 2 DP 1173066, 6857 Pacific Highway in the Valla Growth Area.

 

2        That this purchase is funded by a loan from Liquid Equity of $500,000 and the balance be funded from an internal loan from the Waste Depot Land Fill Development Reserve.

 

3        That a site inspection be conducted by Council on Monday 3 August 2015, departing Council’s Administration Building at 9.00 am.

 

 

General Manager Report—LATE

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF674                300715      Coffs Coast Waste Collection Contract

956/15 RESOLVED:        (Finlayson/Ainsworth)

 

That the information concerning the Coffs Coast waste collection contract be received.

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.55 pm. 

 

Confirmed and signed by the Mayor on 27 August 2015.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)