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)

 

 

PRESENTATION

 

The Mayor presented Mr Jim McKenna with a Certificate of Appreciation and gift on behalf of Council for his contribution of horse and carriage to transport the Mayor and General Manager on the Centenary Celebration of Nambucca Shire Council on 15 December 2015.

 

 

PRAYER

 

Pastor Darryl Spriggs from the Presbyterian Church offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor K MacDonald declared a pecuniary interest in Item 9.5 Modification to Development Consent DA2014/198 under the Local Government Act as Cr MacDonald’s brother-in-law and sister have property which may be effected by Council’s decision in terms of property value and/or amenity.  Cr MacDonald left the meeting for this item.

 

Councillor PF Flack declared a non-pecuniary less significant conflict of interest in Item9.6 Draft North Coast Regional Plan - Review and Submission under the Local Government Act as Cr Flack is a non-executive member of Lock the Nambucca Valley which had lodged a submission in regard to this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 12 May 2016

 

218/16 RESOLVED:        (MacDonald/Flack)

 

That the minutes of the Ordinary Council Meeting of 12 May 2016 be confirmed.

 

 

NOTICE OF MOTION - CR Finlayson

 

ITEM 5.1      SF2183              260516      Notice of Motion - Climate Change (SF1075)

219/16 RESOLVED:        (Finlayson/MacDonald)

 

That this item be deferred until the flood study is reported to Council.

 

 

PUBLIC FORUM AND DELEGATIONS

 

RECOMMENDATION

 

That the following delegations be heard:

 

PUBLIC FORUM

i)           Nicole Murphie, Secretary Utungun Community Centre Committee of Management—Road safety in vicinity of the Community Centre

DELEGATIONS

9.2     Proposed Subdivision and Sale of Land Adjoining the Macksville Sewerage Treatment Plant

          i)        Tony Gordon--Applicant

9.5     Modification to Development Consent DA2014/198

          i)        Richard Barrie—Objector

          ii)       Lyndal Butler—Objector

9.6     Draft North Coast Regional Plan - Review and Submission

          i)        Todd Vercoe—Representing Lock the Nambucca Valley

9.7     Scotts Head - Public Space Landscape Plan

          i)        Angie Evans—Supporter

 

Ms Murphie addressed Council making the following points and providing her speaking notes which are on file SF340:

 

Mayor advised that Council can request the RMS to review the speed limits and the safety of the culvert.

 

 

DELEGATIONS

 

Mr Gordon was in attendance but did not speak.

 

ITEM 9.2      SF600                260516      Proposed Subdivision and Sale of Land Adjoining the Macksville Sewerage Treatment Plant

220/16 RESOLVED:        (Ainsworth/South)

 

That this item be deferred

 

 

Cr Macdonald left the meeting for Item 9.5 at 5.54 pm and returned after the conclusion of the item at 6.41 pm

 

DELEGATIONS continued

 

Mr Barrie addressed Council making the following points and spoke to a prepared paper which is filed on DA2014/198:

·    Representing the view of many of the residents of Kingsworth Estate in rejecting this proposal

·    Most residents have rejected either in writing or at a previous public meeting held onsite

·    Previously advised by Council that a gate for emergency use would be unacceptable

·    Council has allowed development outside the rules from 2006

·    Council is applying two standards; one for the developer and another for the residents

·    Joining of Florence Wilmont Drive with Old Coast Road was not part of the original development application

·    In 2014 the General Manager advised that no connection would be made in regard to access of the new subdivision with Florence Wilmont Drive

·    Council can either accede to the developer’s wishes or go with the wishes of 90 plus householders

 

 

Ms Butler addressed Council making the following points:

·    Owners of Lot 64 Old Coast Road

·    Residents are not in favour of the modifications

·    Sought advice from an experienced planning solicitor

·    Owners’ approval required

·    Right of carriageway – not for public access, emergency and service vehicles as first stated by Council

·    3/2/14 planners advised that Council wrote to Ms Butler and stated that no connection is required

·    Council have conducted themselves in a contradictory manner

·    RMS have shown disinterest in this road connection

·    If applicant withdraws, will Council be prepared to construct this road

·    No estates in the Valley have a through road, why

 

 

ITEM 9.5      DA2014/198        260516      Modification to Development Consent DA2014/198

Motion:      (Flack/Smyth)

 

That Council not support the construction of a road connecting Florence Willmot Drive with Old Coast Road and therefore refuse the application to amend conditions 2 and 21 of the development consent.

 

Amendment:       (Ainsworth/South)

 

That Council qualify the ownership of the land and Mrs Butler’s statements in relation to the advice she received from Council staff.

 

For the Amendment:        Councillors Morrison, Finlayson, Ainsworth, South and Hoban             (Total 5)

Against the Amendment:  Councillors Ballangarry, Flack and Smyth                                            (Total 3)

 

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

 

221/16Resolved:         (Ainsworth/South)

 

That Council qualify the ownership of the land and Mrs Butler’s statements in relation to the advice she received from Council staff.

 

For the Amendment:        Councillors Morrison, Finlayson, Ainsworth, South and Hoban             (Total 5)

Against the Amendment:  Councillors Ballangarry, Flack and Smyth                                            (Total 3)

 

Note:  Cr Flack requested her vote be recorded against this resolution as she believes there is sufficient information before Council that the community does not want or need this road.

 

 

DELEGATIONS continued

 

Mr Vercoe addressed Council making the following points and provided speaking notes which are on file SF2222:

·    Two things modified in agenda representing Lock the Nambucca Valley and is in support of the Recommendation

·    Thanks Council for comprehensive approach both community input and own community plan

·    Speaks on behalf of Lock the Nambucca Valley – a community based organisation whose charter is focussed on prevention of mining activities in the Valley

·    Employment land needs to be protected

·    Need to increase proportion of younger, enterprising residents – ones that will invest, breed, earn and spend

·    Lost Council revenues when residents are turned away`

·    Dual classification of land limits Council to function properly

 

ITEM 9.6      SF2222              260516      Draft North Coast Regional Plan - Review and Submission

Motion:      (Finlayson/Ainsworth)

 

1        That Council make a submission to the Minister of Planning and Environment in respect to the Draft North Coast Regional Plan based on the ‘Overview and Key Issues’ section of this report.

 

2        That each of the submissions made to Council from the community be included as attachments to Council’s submission.

 

Amendment:       (Hoban/South)

 

1        That Council make a submission to the Minister of Planning and Environment in respect to the Draft North Coast Regional Plan based on the ‘Overview and Key Issues’ section of this report.

 

2        That each of the submissions made to Council from the community be included as attachments to Council’s submission.

 

3        That the 10 hectares of flood free land on Harriman’s Lane be included as part of the urban growth area in the submission to the Minister for Planning and Environment.

 

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

 

Motion:      (Hoban/South)

 

1        That Council make a submission to the Minister of Planning and Environment in respect to the Draft North Coast Regional Plan based on the ‘Overview and Key Issues’ section of this report.

 

2        That each of the submissions made to Council from the community be included as attachments to Council’s submission.

 

3        That the 10 hectares of flood free land on Harriman’s Lane be included as part of the urban growth area in the submission to the Minister for Planning and Environment.

 

Amendment:       (Flack/Smyth)

 

1        That Council make a submission to the Minister of Planning and Environment in respect to the Draft North Coast Regional Plan based on the ‘Overview and Key Issues’ section of this report.

 

2        That each of the submissions made to Council from the community be included as attachments to Council’s submission.

 

3        That the 10 hectares of flood free land on Harriman’s Lane be included as part of the urban growth area in the submission to the Minister for Planning and Environment.

 

4        That Council not support a proposal for the North Coast Plan to include provisions that allow Council’s to examine requests for extension to existing urban areas or employment land on their merit and in a local context without the requirement for them to be included in as local growth management strategy or identified as an agreed growth area.

 

The amendment was LOST.

 

Amendment:       (Flack/Smyth)

 

1        That Council make a submission to the Minister of Planning and Environment in respect to the Draft North Coast Regional Plan based on the ‘Overview and Key Issues’ section of this report.

 

2        That each of the submissions made to Council from the community be included as attachments to Council’s submission.

 

3        That the 10 hectares of flood free land on Harriman’s Lane be included as part of the urban growth area in the submission to the Minister for Planning and Environment.

 

4        That Council request that the farmland mapping be expanded to identify further rural land that should be protected from inappropriate development.

 

The amendment was LOST.

 

The motion was put and it was:

 

222/16 Resolved:        (Hoban/South)

 

1        That Council make a submission to the Minister of Planning and Environment in respect to the Draft North Coast Regional Plan based on the ‘Overview and Key Issues’ section of this report.

 

2        That each of the submissions made to Council from the community be included as attachments to Council’s submission.

 

3        That the 10 hectares of flood free land on Harriman’s Lane be included as part of the urban growth area in the submission to the Minister for Planning and Environment.

 

 

DELEGATIONS continued

 

Ms Evans addressed Council making the following points:

·    Speaking in support of the landscape plan

·    Is Chair of Scotts Head Community Group

·    Feel strongly that they have one chance to get things right

·    Scotts Head Community Groups has never deviated from the original plan

·    Can conceive the overall plan

·    Important for the amenity of the community, the Holiday Park and the whole Shire

·    Means there will be trees and vegetation in appropriate places

·    Council does not wish to deal with issues in the future due to incorrect plantings

·    This opportunity will never happen again for the Scotts Head village

·    Ensure limited public funds are used for maximum public benefit

·    Plan important to gain future funding

·    Will contribute in any way they can

·    Scotts Head Community Groups strongly support that NSC Recommendation 1 and engage a professional landscape architect – Rupert Milne Holme.

 

ITEM 9.7      SF382                260516      Scotts Head - Public Space Landscape Plan

223/16 RESOLVED:        (Hoban/Ainsworth)

 

1        That Council allocate $7,000 from Council’s Environmental Levy to support the improvements to the Scotts Head public reserve and day area by engaging Rupert Milne Holme to develop a landscape architect plan

 

2        That Council note the Scotts Head Community Groups commitment to stick to the professionally designed plan once completed

 

3        That Council contact Crown Land and seek a financial contribution towards that part of the plan that covers the Crown owned Reserve.

 

 

224/16 Resolved:        (Ainsworth/Flack)

 

That Item 11.1 be brought forward as there were interested parties in the gallery.

 

 

ITEM 11.1    RF368                260516      Road Closure proposal - Naylors Lane Upper Taylors Arm

225/16 RESOLVED:        (South/Ainsworth)

 

1        That Council proceed with the road closure application of Naylors Lane beyond the first gate 850m from Taylors Arm Road to the end of the road at the Boundary to Lot 124 DP755547.

 

2        That $10,000 be allocated to Road Opening/Closing Charges in the 2016/17 budget for survey and title changes.

 

3        That Council creates a Right of Carriageway to maintain legal access to Lot 124 DP755547.

 

4        That the land is sold to the property owner at 87 Naylors Lane.

 

The meeting was adjourned at 7.38 pm.

The meeting resumed at 8.08 pm.

 

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                260516      Outstanding Actions and Reports

226/16 RESOLVED:        (Ainsworth/MacDonald)

 

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

 

 

 

Item 9.2 was dealt with under Delegations.

 

GENERAL MANAGER – LATE REPORT

 

ITEM 9.13    SF1893              260516      Organisation Structure - Proposed Sharing of Ranger & Pound with Bellingen Shire Council

227/16 RESOLVED:        (Finlayson/Ainsworth)

 

1        That Council advertise for a full time Ranger to undertake duties in both the Nambucca and Bellingen local government areas.

 

2        That Council thank the Bellingen Shire Council Deputy General Manager – Operations for his proposal and advise that Nambucca Shire Council would be pleased to enter into the proposed cost sharing arrangement including the use of their Ranger vehicle.

 

3        That a written agreement for the shared Ranger position and the shared use of Council’s pound be drafted and submitted to Bellingen Council for consideration and with the agreement to be finalised prior to the appointment of a person to the position.

 

4        That the General Manager be provided with delegated authority to enter into a written agreement with Bellingen Shire Council for the shared Ranger position and the shared use of Council’s pound.

 

5        That the proposed shared Ranger position be incorporated into Council’s 2016/2017 operational plan and its organisation structure be adjusted to reflect the new position.

 

ITEM 9.3      SF1893              260516      Organisation Structure - Ranger Services

 

This item was resolved in Item 9.13 (General Manager’s late report) above.

 

 

ITEM 9.4      DA2004/250        260516      DA2004/250/01 12 Lot subdivision and Lapsed Contribution Agreement Owner - V Edgehill

228/16 RESOLVED:        (Ainsworth/Morrison)

 

(Option 2)

That Council agree to a deferred Section 64 and 94 payment agreement until the subdivision is completed.

 

Note: Cr Flack requested her vote be recorded against this resolution.

 

 

Items 9.5, 9.6 and 9.7 were dealt with under Delegations.

 

 

ITEM 9.8      SF2173              260516      Outstanding DAs Greater than 12 Months or Where Submissions Received - 6 to 19 May 2016

229/16 RESOLVED:        (Finlayson/Ainsworth)

 

That the information be noted by Council and that applications DA2016/050 and 2014/196/01 be called in for determination by Council.

 

 

ITEM 9.9      SF1031              260516      Review of Compliance, Enforcement and Prosecution Policy

230/16 RESOLVED:        (Ainsworth/MacDonald)

 

That Council publicly exhibit the Draft Compliance, Enforcement and Prosecution Policy, which are attached to the report, for a period of 28 days with a view to adopting the draft policy once any public submissions are considered.

 

 

ITEM 9.10    SF1148              260516      Council Ranger's Report April 2016

231/16 RESOLVED:        (Ainsworth/Smyth)

 

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

 

 

ITEM 9.11    SF544                260516      Draft Section 94A Developer Contributions Plan for Approval

232/16 RESOLVED:        (Finlayson/MacDonald)

 

That Council approve the Draft s.94A development contributions plan for public exhibition for a period of 28 days.

 

For the Motion:               Cr Hoban, South, MacDonald, Ainsworth, Finlayson, Smyth, Flack, Ballangarry

                                      and Morrison         (Total 9)

Against the Motion:         Nil

 

 

ITEM 9.12    SF2130              260516      Environmental Levy Budget 2016/17

233/16 RESOLVED:        (Finlayson/Flack)

 

That the information concerning the Environmental Levy budget and projects as advertised for community feedback be received.

 

234/16 Resolved:        (Flack/Smyth)

 

That staff investigate opportunities to develop projects using solar panels and investigate what other authorities across the world are doing and to report this back to Council with ideas including opportunities to reduce energy costs at the Bowra Dam site such as floating solar panels on the Dam surface; further that this report includes funding opportunities.

 

 

Item 9.13 was dealt with above.

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF1232              260516      Proposed Changes to the Administration of On Site Sewerage Management

235/16 RESOLVED:        (Finlayson/Ballangarry)

 

That Council note the proposals and the subsequent impacts contained in the Draft Operational Plan and submit any proposed changes to Council staff so they can be considered prior to adopting the 2016-17 Operational Plan. 

 

 

ITEM 10.2    SF2128              260516      March 2016 Budget Review

236/16 RESOLVED:        (Ainsworth/MacDonald)

 

1        That the budget review for the quarter ended 31 March 2016 be received.

 

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

 

 

ITEM 10.3    SF251                260516      Schedule of Council Public Meetings

237/16 RESOLVED:        (Ainsworth/MacDonald)

 

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

 

 

ITEM 10.4    SF270                260516      Review of Policies - Payment of Fees, Expenses & Provision of Facilities to Councillors

238/16 RESOLVED:        (Flack/South)

 

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.

 

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 Polices currently on Council’s website.

 

 

Assistant General Manager Engineering Services Report – LATE

 

ITEM 11.2    T007/2016           260516      Tender T007/2016 for the Construction of Public Amenities at Shelly Beach, Nambucca Heads

239/16 RESOLVED:        (Finlayson/Ainsworth)

 

1        That Council accept the submission for T007/2016 Construction of Public Amenities at Shelly beach, Nambucca Heads from Costa Builders Pty Ltd.

 

2        That Council note the contract period and foreshadowed revote of funds for the completion of the project in the 2016/17 financial year.

 

3        That Council update the Contract Register.

 

For the Motion:               Cr Hoban, South, MacDonald, Ainsworth, Finlayson, Smyth, Flack, Ballangarry

                                      and Morrison         (Total 9)

Against the Motion:         Nil

     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

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:

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF2089              260516      Business Investment Inquiry - Valla Urban Growth Area

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.

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF2182              260516      Tender T007/2016 for the Construction of Public Amenities at Shelly Beach, Nambucca Heads

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 9.10 pm.

 

 

RESUME IN OPEN MEETING

 

Resolved:          (Flack/Finlayson)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 9.12 pm.

 

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF2089              260516      Business Investment Inquiry - Valla Urban Growth Area

240/16 RESOLVED:        (Ainsworth/Morrison)

 

That Council endorse the amended draft Memorandum of Understanding subject to the following variations:

 

1        That Council commit to the maintenance of Red Ash Road to the standard required for heavy vehicles instead of a commitment to its upgrade to a “heavy duty road standard”.

 

2        That the draft Memorandum of Understanding be provided with a three year life from the date of its endorsement.

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF2182              260516      Tender T007/2016 for the Construction of Public Amenities at Shelly Beach, Nambucca Heads

241/16 RESOLVED:        (Ainsworth/Ballangarry)

 

That Council note the tender evaluation

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 9.13 pm. 

 

Confirmed and signed by the Mayor on 26 June 2016.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)