Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Kim MacDonald

Cr Paula Flack

Cr Anne Smyth

Cr Elaine South






Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Monika Schuhmacher (Minute Secretary)






Cr Bob Morrison

Paul Gallagher (AGM Engineering Services)





Councillor J Ainsworth declared a pecuniary interest in Item 9.4 Outstanding DAs greater than 12 months OR where submissions received - 4 November - 18 November 2015 under the Local Government Act as Cr Ainsworth is a property owner in the Gumma area.  Cr Ainsworth left the meeting when this was being discussed.


Councillor K MacDonald declared a non-pecuniary less significant conflict of interest in Item 9.9 Development Application - Use of Building as Depot under the Local Government Act as Cr MacDonald’s employer may tender for fuel to the business at some time as they do for a number of other businesses.



CONFIRMATION OF MINUTES - Ordinary Council Meeting 12 November 2015


2103/15 RESOLVED:       (South/MacDonald)


That the minutes of the Ordinary Council Meeting of 12 November 2015 be confirmed.







That the following delegations be heard:


ITEM 10.3    Year End Financial Statements – 30 June 2015

          i)        Mr Geoff Allen of Forsyths – Presentation to Council


ITEM 9.5      Use of the Macksville Senior Citizens Centre for Seniors Fitness Classes conducted by Mr Paul Foley

          i)        Mr Paul Foley                  Objector

          ii)       Ms Jane Richardson        Objector


ITEM 9.9      Development Application - Use of Building as Depot AND

ITEM 9.10    Response to Applicants Proposed Changes to Conditions of Consent

          i)        Ms Anna Sexton              Objector

          ii)       Mr Jonathan Kendall        Objector

          iii)      Mr Neale Howle               Applicant

          iv)      Mrs Simone Howle           Applicant




ITEM 10.3    SF1974              261115      Year End Financial Statements – 30 June 2015

2104/15 RESOLVED:       (Ainsworth/Flack)


1        That the Financial Statements and the Auditor’s Reports for the year ended the 30 June 2015 be received.


2        That Mr Allen be thanked for his presentation and that the Assistant General Manager Corporate Services, the Accountant and Finance staff be congratulated on their effort.





Mr Foley addressed Council making the following points:


Ms Jane Richardson addressed Council to a prepared statement which is on file SF366.


ITEM 9.5      SF366                261115      Use of the Macksville Senior Citizens Centre for Seniors Fitness Classes conducted by Mr Paul Foley

2105/15 RESOLVED:       (Ainsworth/MacDonald)


That Mr Foley be charged a fee of $15 per session (two hours) for the use of the Macksville Senior Citizens Centre for Seniors Fitness Classes for the balance of the financial year and then reviewed; and also, that Council continues to look for opportunities for grant funding to assist the Stronger for Longer program to continue. 




Mr Jonathan Kendall addressed Council making the following points:


Mr Neale Howle addressed Council making the following points:

·    It will be small business that keep people employed after the highway upgrade is complete

·    When trucks are idling all pre start checks, bookwork etc are undertaken by the drivers


ITEM 9.9      DA2015/093        261115      Development Application - Use of Building as Depot

2106/15 RESOLVED:       (Ainsworth/MacDonald)


1        That Council as the consent authority, pursuant to Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2015/093 for the use of existing buildings on site as a depot incorporating the operation of an existing water carting business on lot 202 DP 841112, subject to the schedule of conditions in attachment 2 of the late report with a modification to condition 17 to provide as follows:


                   Condition 17 The use of the truck depot to service vehicles and machinery for commercial gain that are not associated with the development is not permitted under this development consent.


2        That Council note the submission in the confidential report.


For the motion:               Councillors Hoban, South, MacDonald, Ainsworth, Smyth, Flack and Ballangarry                                  (Total 7)

Against the motion:         Nil



ITEM 9.10    DA2015/093        261115      Response to Applicants Proposed Changes to Conditions of Consent

As per Item 9.9 above.





There were no questions with notice.





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



General Manager Report


ITEM 9.1      SF959                261115      Outstanding Actions and Reports

2107/15 RESOLVED:       (Ainsworth/MacDonald)


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


ITEM 9.2      LF6902               261115      Section 88b Instrument - Request Removal of Restriction - T100659 Lot D DP 420534 Wallace Lane Macksville

2108/15 RESOLVED:       (MacDonald/Ainsworth)


That Council revise the restriction to read – The status of the existing carpark to remain consistent in any future development of the site.



ITEM 9.3      SF1855              261115      Macksville Traffic Study Outcomes and Revitalisation Strategies

2109/15 RESOLVED:       (Ainsworth/South)


1        That Council update the revitalisation plan to incorporate the recommendations of the traffic study except for the configuration of traffic lights.


2        That Council proceed to prepare final concept plans for the Macksville CBD taking into consideration the options presented by the Traffic Consultant and the recommendations in this report including:


          - on footpath landscaping including trees and garden beds

          - mountable roundabout at Princess Street and River Street.


3        That a report come to Council regarding any options for traffic lights at River Street and Cooper Street following the completion of the Macksville by pass.


4        That the mountable roundabout be added to the concept plan as an option for comment.



Cr Ainsworth left the meeting during this item as some discussion was in regard to Gumma Reserve at 7.13 pm and returned after the conclusion of the item at 7.14 pm.


ITEM 9.4      SF2038              261115      Outstanding DAs greater than 12 months OR where submissions received - 4 November - 18 November 2015

2110/15 RESOLVED:       (MacDonald/South)


That the information be noted by Council.


2111/15 Resolved:       (Flack/Smyth)


That Council provides rate payers with information regarding the need for development approval for certain developments as a public awareness raising exercise.



Item 9.5 was dealt with under Delegations.



ITEM 9.6      SF2086              261115      Classification of Lot 2 DP 1173066, 6857 Pacific Highway, Valla

2112/15 RESOLVED:       (South/MacDonald)


That land known as Lot 2 DP 1173066, 6857 Pacific Highway, Valla, which is being acquired by Nambucca Shire Council be classified as operational land.



ITEM 9.7      SF848                261115      Obtaining a Dividend from the 2015 Surplus in Council's Water Operations

2113/15 RESOLVED:       (Flack/South)


1        That Council resolve that it has achieved the required outcome for the six criteria in Table 1 of the Best Practice Management of Water Supply and Sewerage Guidelines for its water supply business being:


          (i)       Complete Strategic Business Plan (including Financial Plan)


          (ii)      Pricing with full cost-recovery, without significant cross subsidies

                   Complying charges

                             (a)      Residential

                             (b)      Residential Revenue from Usage Charges at least

                                                50% in 2006/2007

                                                60% in 2007/2008

                                                75% in 2008/2009

                             (c)      Non-residential


                   DSP with Commercial Developer Charges


          (iii)     Complete Performance Reporting Form by 15 September each year.


          (iv)     Sound Water Conservation implemented


          (v)      Sound Drought Management implemented


          (vi)     Integrated Water Cycle Management Strategy


2        That Council forward the necessary documents to the NSW Office of Water seeking their approval for the payment of a dividend from the water supply surplus.


3        That any dividend from a surplus in water supply and sewerage businesses be held in an internally restricted reserve to be expended only on the capital renewal of road and bridge assets.


4        Council note the proposed review of the Integrated Water Cycle Management Strategy to commence in the first half of 2016.



ITEM 9.8      SF1910              261115      Donation to the Nambucca River Festival - Waste Processing Costs

2114/15 RESOLVED:       (MacDonald/South)


That Council support a donation to the Nambucca River Festival equivalent to the cost of processing the Festival’s collected mixed and recyclable waste.


Item 9.9 and 9.10 were dealt with under Delegations.



General Manager Report – LATE


ITEM 9.11    SF979                261115      Purchase of Computer Software in Conjunction with Gloucester, Kempsey and Bellingen Councils for Service Reviews

2115/15 RESOLVED:       (Ainsworth/Smyth)


1        That Council commit $25,050 for the purchase of the RevuMap software for use in service reviews to be undertaken in conjunction with Bellingen, Kempsey and Gloucester councils.


2        That provision for this expenditure be made in the next quarterly budget review.



Assistant General Manager Corporate Services Report


ITEM 10.1    SF251                261115      Schedule of Council Public Meetings

2116/15 RESOLVED:       (Flack/South)


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



ITEM 10.2    SF306                261115      Burrapine Public Hall Committee of Management - Minutes of Annual General Meeting - 8 November 2015

2117/15 RESOLVED:       (Ainsworth/Flack)


That Council endorse the Minutes of the Committee of Management for the Burrapine Public Hall’s Annual General Meeting held on 8 November 2015 and thank the outgoing Committee for their work in the past twelve months.



Item 10.3 was dealt with under Delegations.



ITEM 10.4    SF2126              261115      September 2015 Budget Review

2118/15 RESOLVED:       (Ainsworth/Ballangarry)


1        That the budget review for the quarter ended 30 September, 2015 be received.


2        That the recommended increases and decreases in votes be included as subsequent votes for the financial year 2015/2016.


2119/15 Resolved:       (MacDonald/Ainsworth)


3        That in relation to the cost of the Pacific Highway handover consultant, that Council request the RMS to cover the cost.



ITEM 10.5    SF134                261115      Annual Report 2014-2015

2120/15 RESOLVED:       (Ainsworth/MacDonald)


That Council note the completion of the 2014/2015 Annual Report and that the 2014/2015 Annual Report will be placed on Council’s website and advice be forwarded to the Minister for Local Government as required.



Assistant General Manager Corporate Services Report – LATE


ITEM 10.6    SF1974              261115      Year End Financial Statement - 30 June 2015 - Addendum to Item 10.3



This was determined with Item 10.3 above.



Assistant General Manager Engineering Services Report


ITEM 11.1    SF86                  261115      Appointment of State Emergency Service Acting Volunteer Local Controller

2121/15 RESOLVED:       (Ainsworth/South)


That Council acknowledges the advice of the appointment of Peter Shales as the Local Controller for the Nambucca Local Government area for a 2 year period commencing 29 September 2015.



ITEM 11.2    SF1676              261115      Capital Works Report - September 2015

2122/15 RESOLVED:       (MacDonald/Ballangarry)


1        That the Capital Works Report for the first quarter of the 2015/16 financial ending 30 September 2015 be received and noted.


2        That Council endorse the proposed variation to the electricians van and place the $20,000 allocation back into the plant reserve and note the van has been placed on a five year plant replacement cycle as per other commercial vehicles in Council and the variation be included in the December 2015 budget review.



ITEM 11.3    SF818                261115      Bowra Dam - Variation to Licence Conditions for Environmental Release

2123/15 RESOLVED:       (Flack/Ainsworth)


That Council:


a   Request NSW Public Works to provide a fee proposal to prepare a Review of Environmental Factors on the impacts of capturing a percentage of runoff from high rainfall events to assist in maintaining water levels in Bowra Dam during operation and delegate authority to the Assistant General Manager Engineering Services to approve their engagement should the proposal be considered reasonable.


b   Approve the allocation of up to an amount of $15,000 being additional funding to the Dam Operation budget to cover the cost of the fee proposal and report the amount through the quarterly budget review.


c   Submit the REF to DPI – Water with a request that Council’s Manager Water and Sewerage be given the opportunity to meet with stakeholders to present Council’s case for the proposed licence variation.



ITEM 11.4    SF1031              261115      Draft Water Supply Policy

2124/15 RESOLVED:       (MacDonald/South)


That Council adopt the new Water Supply Policy (Our Ref: 17106/2015) which makes the following policies redundant:

·        Water Account Charges - Faulty meters (Our Ref 25351/2007)

·        Rural Connection to Water Supply (Our Ref: 25358/2007)

·        Reimbursement of Water Saving Devices (Our Ref: 25360/2007)

·        Undetected Water Leakage (Our Ref: 20464/2013)

·        Water Accounts - Dialysis Patients Free Water Allowance (Our Ref: 25350/2007)

·        Water Policy - Water Service Connections (Our Ref: 25359/2007)



ITEM 11.5    SF453                261115      Waste Management - Coffs Coast Region Resource Recovery & Waste Management Strategy

2125/15 RESOLVED:       (MacDonald/Ainsworth)


1        That Council adopt the Coffs Coast Region Resource Recovery & Waste Management Strategy 2015-2027.

2        That, following the adoption of the Coffs Coast Region Resource Recovery & Waste Management Strategy 2015-2027 by Bellingen Shire Council and Coffs Harbor City Council, Nambucca Shire Council move to implement the Strategy in conjunction with our partner Councils.





There being no further business the Mayor then closed the meeting the time being 8.00 pm. 


Confirmed and signed by the Mayor on Tuesday 15 December 2015.