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

 

Pastor Peter Lott, Christian Life Centre, offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor PF Flack declared a non-pecuniary significant conflict of interest in Item 10.2 Second Report on the Draft NSW Rural Fire Service 2016/17 BID under the Local Government Act as Cr Flack is a member of the North Arm RFS Brigade. Council’s decision may affect RFS proposed budget with regard to replacement of North Arm Brigade Cat 9 Vehicle. Cr Flack left the meeting for this item.

 

Councillor B Morrison declared a non-pecuniary less significant conflict of interest in Item 10.8 Adoption of Plan of Management for Duffo's Restawhile on Link Road Nambucca Heads under the Local Government Act as Cr Morrison is a member of the Lions Club of Nambucca Heads.  He holds no Executive position in the Club and is not involved in any decision making committees.

 

Councillor B Morrison declared a non-pecuniary less significant conflict of interest in Item 11.1 Outstanding Water Account under the Local Government Act as Cr Morrison is a member of the organisation.  He holds no Executive position and is not involved in any decision making.. 

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 28 January 2016

 

58 /16 RESOLVED:         (Flack/South)

 

That the minutes of the Ordinary Council Meeting of 28 January 2016 be confirmed.

 

 

NOTICE OF MOTION - CR ballangarry—late

 

ITEM 5.3      SF2183              110216      Notice of Motion – Request for Leave – Cr Ballangarry

59/16 Resolved: (Ballangarry/Flack)

 

That Cr Ballangarry OAM be granted leave from 18 to 27 February 2016 inclusive.

 

 

DELEGATIONS

 

RECOMMENDATION

 

That the following delegations be heard:

 

Item 5.1       Notice of Motion - Climate Change

i)          Mrs Janine Reed - Resident

 

Item 5.2       Notice of Motion - Sale of 290m2 of Gordon Park

          i)       Ms Georgette Allen—Objector

          ii)      Mrs Kelli Leckie—Applicant

 

 

Mrs Janine Reed addressed Council

 

NOTICE OF MOTION - CR Finlayson

 

ITEM 5.1      SF2183              110216      Notice of Motion - Climate Change (SF1075)

Motion:      (Finlayson/Ainsworth)

 

1        That Council investigate and consider the impact of climate change (particularly relating to sea level rise and flooding) on Macksville, Nambucca Heads and Scotts Head.

 

2        If considered appropriate

 

a)   take steps to limit further development in those areas considered likely to be adversely affected by sea level rise and flooding and

 

b)   create by rezoning alternative sites for further development in areas not likely to be so affected and where provision of services will not be prohibitively expensive.

 

3        That as part of this consideration Council conduct an inspection of areas along Coronation Road and Bald Hills Road Macksville, Wellington Drive Nambucca Heads and the caravan park Scotts Head.

 

Amendment:       (Finlayson/Ainsworth)

 

That this matter be deferred to the first Council meeting in April 2016.

 

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

 

59/16 Resolved: (Finlayson/Ainsworth)

 

That this matter be deferred to the first Council meeting in April 2016.

 

 

DELEGATIONS continued (Item 5.2)

 

i)   Mrs Kelli Leckie addressed Council.

 

ii)  Ms Georgette Allen addressed Council.

 

NOTICE OF MOTION - CR Morrison

 

ITEM 5.2      LF4225               110216      Notice of Motion - Sale of 290m2 of Gordon Park

Motion:      (Morrison/Finlayson)

 

1           That Council in accordance with Crown Lands recommendation, resolve to support the sale of 290 m² area of land (as previously defined) to the Leckies in accordance with Crown Lands recommended procedure as laid down in Crown Lands letter dated 16 January 2014 and for Council to document its reasons for selling the land, being:  slippage of the land; costs of wall; cost of repairs to Leckies’ property which could be the liability of Council and the Crown; the damage to the house; cost of repairs estimated to be $100,000 to the house; ongoing liability; cost to repair the wall being $50,000; legal costs and possible future litigation if more damage occurs; accidents that may happen on the land.

 

2        That the valuation of the portion of land to be sold be determined by both Crown Lands Department and the Leckies.

 

Amendment:       (Ainsworth/Morrison)

 

That Council does not oppose the sale of the prescribed land.

 

The amendment was LOST.

 

The motion was put and it was

 

MOTION       (Morrison/Finlayson)

 

1        That Council in accordance with Crown Lands recommendation, resolve to support the sale of 290 m² area of land (as previously defined) to the Leckies in accordance with Crown Lands recommended procedure as laid down in Crown Lands letter dated 16 January 2014 and for Council to document its reasons for selling the land, being:  slippage of the land; costs of wall; cost of repairs to Leckies’ property which could be the liability of Council and the Crown; the damage to the house; cost of repairs estimated to be $100,000 to the house; ongoing liability; cost to repair the wall being $50,000; legal costs and possible future litigation if more damage occurs; accidents that may happen on the land.

 

2        That the valuation of the portion of land to be sold be determined by both Crown Lands Department and the Leckies.

 

Cr Flack seconded Cr Smyth called for a Division.  Upon being put to the meeting, the motion was declared LOST.

 

For the Motion:               Cr Morrison Total (1).

Against the Motion:         Councillors Ainsworth, Ballangarry, Finlayson, Flack, Hoban, MacDonald, Smyth and South                          Total (8).

 

 

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      LF4225               110216      Sale of 290m2 of Gordon Park

60/16 RESOLVED: (Smyth/Flack)

 

That Council thank Mrs Kelli Leckie for her enquiry but advise that it does not intend to support the sale of 290m2 of Gordon Park adjoining 2 Nelson Street, Nambucca Heads and therefore will not provide the Leckies with endorsement to Crown Lands to her request to acquire the said Crown land at Gordon Park.

 

Cr Flack seconded Cr Smyth called for a Division.  Upon being put to the meeting, the motion was declared carried.

 

For the Motion:               Councillors Ballangarry, Flack, Hoban, MacDonald and Smyth   Total (5).

Against the Motion:         Councillors South, Ainsworth, Finlayson and Morrison Total (4).

 

 

ITEM 9.2      SF2116              110216      Investment Report To 31 January 2016 & Presentation by Andrew Vallner From CPG

61/16 RESOLVED: (Finlayson/Ainsworth)

 

That the Accountant’s Report on Investments placed to 31 January 2016 be noted.

 

 

ITEM 9.3      SF959                110216      Outstanding Actions and Reports

62/16 RESOLVED: (Finlayson/MacDonald)

 

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

 

 

63/16 Resolved: (MacDonald/Ainsworth)

 

That Item 9.8 be brought forward as there are interested parties in the gallery.

 

 

ITEM 9.8      SF2070              110216      Boating Now - Shelly Beach Nambucca Heads

64/16 RESOLVED: (Flack/South)

 

That Council allocate $36,840 from s94 contribution funds to support the Boating Now project at Shelly Beach this financial year, rather in than in year 2016/17 and 2017/18 to complete all proposed works as one project.

 

 

ITEM 9.4      SF578                110216      IPART - Draft Report on Review of Reporting and Compliance Burdens on Local Government

65/16 RESOLVED: (Ainsworth/Finlayson)

 

1        That Council submit a strongly worded submission to the Independent Pricing and Regulatory Tribunal (IPART) in response to their recommendation no. 10 and in particular rejecting their generalised assertions as being applicable to Nambucca Shire Council and expressing strong opposition to recommendation no. 10 for the reasons discussed in this report.

 

2        That Council provide a copy of its submission to Local Government NSW.

 

The meeting adjourned at 7.36 pm.

The meeting resumed at 8.10 pm.

 

 

ITEM 9.5      SF2173              110216      Outstanding DAs greater than 12 months OR where submissions received - 22 January - 4 February 2016

66/16 RESOLVED: (Ainsworth/Flack)

 

That the information be noted by Council.

 

 

ITEM 9.6      SF2173              110216      2016 January - Received Development Applications Received and Complying Development Applications

67/16 RESOLVED: (MacDonald/Flack)

 

That the Development Applications and Complying Development Applications received in January 2016 be received for information.

 

 

ITEM 9.7      SF2173              110216      2016 January - Approved Construction Certificates and Complying Development Certificates

68/16 RESOLVED: (Flack/MacDonald)

 

That the Construction and Complying Development Certificates approved for January 2016 be noted and received for information by Council.

 

Item 9.8 was dealt with earlier.

 

 

ITEM 9.9      SF1148              110216      Council Ranger's Report January 2016

69/16 RESOLVED: (Flack/Smyth)

 

That Council’s Ranger’s report for January 2016 be received and noted by Council.

 

 

Assistant General Manager Engineering Services Report

 

ITEM 10.1    SF1676              110216      Capital Works Report - December 2015

70/16 RESOLVED: (Flack/Ainsworth)

 

1        That the Capital Works Report for the second quarter of the 2015/16 financial ending 31 December 2015 be received and noted.

 

2        That Council provide an additional $200,000.00 to the budget for Bakers Creek Bridge from working funds and or the pending water and sewerage dividend to construct a concrete bridge structure instead of a conventional timber bridge structure.

 

3        That Council provide an allocation of $50,000.00 as seed funding for geotechnical investigation and design of concrete bridges over the next two financial years.

 

4        That Council endorse the proposed variations within the report.

 

 

Cr Flack the meeting for this Item at 8.25 pm and returned after the conclusion of the Item at 8.31 pm.

 

ITEM 10.2    SF84                  110216      Second Report on the Draft NSW Rural Fire Service 2016/17 BID

71/16 RESOLVED: (Ainsworth/Smyth)

 

1        That Council endorse an allocation outside the realms of rate pegging levy imposed by the State Government for the Rural Fire Service (RFS) “BID” for 2016/17 financial year being an amount of $274,322.00, a total increase to the 2015/16 budget of $13,063.00, or a net increase of 5.0% based on the revised budget handed down by the State Government in December 2015 which encompassed an increase of $41,039.00 or 18.6% to that resolved by Council on 12 February 2015.

 

2        That Council write to the Commissioner for the NSW Rural Fire Service, the Minister for Emergency Services and the Member for Oxley, advising that:

 

a)   Council considered the 2016/17 RFS “BID” presented by the RFS Zone Manager - Lower North Coast Zone at Council’s meeting held on 28 January 2015 and advise that Council was unable to fund the proposed 12.2% increase to the contribution as it was in excess of the realms of the rate pegging levy imposed by the State Government.

 

b)   Council is prepared to accept a nominal increase of 5.0% to the RFS 2016/17 “BID” being an increase to the 2015/16 budget of $13,063.00 or a contribution amount of $274,322.00 only by Council and further that Council will not endorse any additional increases to the draft bid as presented.

 

c)   Trust that the Commissioner for the Rural Fire Service and State Government will adhere to the same parameters of the rate pegging levy imposed onto Local Government and contain the expenditure to no more than a 5.0% increase.

 

 

ITEM 10.3    SF2159              110216      Council's Asset Management Journey - February 2016

72/16 RESOLVED: (Ainsworth/Ballangarry)

 

1        That Council receive and note the presentation from staff on the status of the Asset Management Journey.

 

2        That Council staff be congratulated on their informative presentation.

 

 

ITEM 10.4    SF85                  110216      Minutes of NSW Rural Fire Service Liaison Committee meeting 11 November 2015 - Service Level Agreement 2015

73/16 RESOLVED: (MacDonald/Ainsworth)

 

That Council receive, note the report and endorse the minutes for the RFS Liaison Committee Meeting Service Level Agreement – 2015 held on 11 November 2015.

 

 

ITEM 10.5    SF85                  110216      Emergency Services Annual Assessment Notice

74/16 RESOLVED: (Flack/Ainsworth)

 

That Council receive, note the information and adjust the budgets accordingly at the next quarterly budget review meeting.

 

 

ITEM 10.6    SF90                  110216      Nambucca Shire Traffic Committee Meeting Minutes - 2 February 2016

75/16 RESOLVED: (MacDonald/Ainsworth)

 

That Council:

 

1        Receive and note the agenda and minutes emanating from the Nambucca Shire Traffic Committee held on the 2 February 2016.

 

2        Install No Stopping Parking restrictions at the entry to Brotherhood Park, Pacific Highway, Nambucca Heads and 5m either side to allow acceptable sight distance.

 

3        Endorse a 6 month trial of nose-to-kerb on-street parking arrangements in River Street (West) Macksville adjacent to the river bank.

 

4        Note that Nambucca Local Traffic Committee support a mountable roundabout at junction of River Street and Princess Street Macksville.

 

5        Install a No Parking sign in front of the sewer pump station gates on Willis Street, Macksville.

 

 

ITEM 10.7    T023/2015           110216      Tender T023/2015 for the Design and Construction of a Concrete Bridge over Taylors Arm on Boat Harbour Road Utungun

76/16 RESOLVED: (Ainsworth/MacDonald)

 

1        That Council accept the submission for T023/2015 Design and Construction of a Concrete Bridge over Taylors Arm, Boat Harbour Road, Utungun from Waeger Constructions Pty Ltd for Option 2 (45m long x 8.2m wide, 3 span bridge, 1.0m higher than the existing bridge).

 

2        That Council note the contract period and foreshadowed revote of funds for the completion of the bridge approaches and payment of contractor progress instalments.

 

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 10.8    SF1092              110216      Adoption of Plan of Management for Duffo's Restawhile on Link Road Nambucca Heads

Motion:      (Ainsworth/Morrison)

 

1        That Council adopt the Plan of Management for the rest area on Link Road Nambucca Heads known as Duffo’s Restawhile.

 

2        That Council writes to the Lions’ Club of Nambucca Heads advising them that the Plan of Management was adopted by Council and advise that the installation of the timber barbecue is not suitable and not included within the Plan of Management and in regard to the birdbath that Council and the Lions Club of Nambucca Heads determine an appropriate location for the birdbath.  Further, that the location of the birdbath be addressed in the Plan of Management.

 

3        That Council allocate an amount of $5000 from the Environmental Levy towards the solar lighting, recycled materials for fencing, native vegetation plantings and development of the car park area on an annual basis until the works identified within the Plan of Management are completed.

 

 

3           That Council seeks a works proposal from the Lions Club of Nambucca Heads for the use of the $5000 allocation and advise them that all purchases must be made through Council to comply with Council’s purchasing policy and procedures.

 

Amendment:       (Flack/Smyth)

1        That Council adopt the Plan of Management for the rest area on Link Road Nambucca Heads known as Duffo’s Restawhile.

 

2        That Council writes to the Lions’ Club of Nambucca Heads advising them that the Plan of Management was adopted by Council and advise that the installation of the timber barbecue is not suitable and not included within the Plan of Management and in regard to the birdbath that Council and the Lions Club of Nambucca Heads determine an appropriate location for the birdbath.  Further, that the location of the birdbath be addressed in the Plan of Management.

 

3        That Council allocate an amount of $5000 from the Environmental Levy towards the solar lighting, recycled materials for fencing, native vegetation plantings and other appropriate works identified in the Plan of Management which have environmental benefit are included on an annual basis until the works identified within the Plan of Management are completed.

 

4        That Council seeks a works proposal from the Lions Club of Nambucca Heads for the use of the $5000 allocation and advise them that all purchases must be made through Council to comply with Council’s purchasing policy and procedures.

 

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

 

77/16 Resolved: (Flack/Smyth)

 

1        That Council adopt the Plan of Management for the rest area on Link Road Nambucca Heads known as Duffo’s Restawhile.

 

2        That Council writes to the Lions’ Club of Nambucca Heads advising them that the Plan of Management was adopted by Council and advise that the installation of the timber barbecue is not suitable and not included within the Plan of Management and in regard to the birdbath that Council and the Lions Club of Nambucca Heads determine an appropriate location for the birdbath.  Further, that the location of the birdbath be addressed in the Plan of Management.

 

3        That Council allocate an amount of $5000 from the Environmental Levy towards the solar lighting, recycled materials for fencing, native vegetation plantings and other appropriate works identified in the Plan of Management which have environmental benefit are included on an annual basis until the works identified within the Plan of Management are completed.

 

4        That Council seeks a works proposal from the Lions Club of Nambucca Heads for the use of the $5000 allocation and advise them that all purchases must be made through Council to comply with Council’s purchasing policy and procedures.

     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

78/16 RESOLVED: (MacDonald/South)

 

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.

 

Reason reports are in Closed Meeting:

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 11.1    SF848                110216      Outstanding Water Account

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) (b) of the Local Government Act, 1993, on the grounds that the report contains a discussion in relation to the personal hardship of a resident or ratepayer.

 

 

For Confidential Business Paper in Closed Meeting

ITEM 11.2    T023/2015           110216      Tender T023/2015 for the Design and Construction of a Concrete Bridge over Taylors Arm on Boat Harbour Road Utungun

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) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 9.05 pm.

 

 

RESUME IN OPEN MEETING

79/16 RESOLVED: (Flack/MacDonald)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 9.37 pm.

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 11.1    SF848                110216      Outstanding Water Account

80/16 RESOLVED: (MacDonald/South)

 

1        That the information concerning the outstanding water account be noted.

 

2        That Council waive all accruing interest on the outstanding balance of the customer’s water account for the financial year 2015/2016.

 

3        That the customer’s progress in reducing the outstanding balance on their water account be reviewed in July 2016 in a report to Council.

 

4        That the customer be requested to refrain from using water on non-essential aspects of the activity as per the commentary in the report.

 

Amendment:       (Morrison/)

 

That this matter be deferred until there has been discussion with the management of the facility as to whether or not they wish to have the matter considered in Open Council.

 

The amendment was LOST for lack of a seconder.

Note: Cr Finlayson left the meeting at 9.36 pm

 

 

For Confidential Business Paper in Closed Meeting

ITEM 11.2    T023/2015           110216      Tender T023/2015 for the Design and Construction of a Concrete Bridge over Taylors Arm on Boat Harbour Road Utungun

81/16 RESOLVED: (Ainsworth/Flack)

 

That the information be noted.

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 9.38 pm. 

 

Confirmed and signed by the Mayor on 25 February 2016.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)