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 |
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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
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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. |
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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
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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
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 |
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.
224/16 Resolved: (Ainsworth/Flack)
That Item 11.1 be brought forward as there were interested parties in the gallery. |
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
226/16 RESOLVED: (Ainsworth/MacDonald)
That the list of outstanding actions and reports be noted and received for information by Council.
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Item 9.2 was dealt with under Delegations.
GENERAL MANAGER – LATE REPORT
ITEM 9.3 SF1893 260516 Organisation Structure - Ranger Services |
This item was resolved in Item 9.13 (General Manager’s late report) above. |
Items 9.5, 9.6 and 9.7 were dealt with under Delegations.
231/16 RESOLVED: (Ainsworth/Smyth)
That Council’s Ranger’s report for April 2016 be received and noted by Council. |
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
237/16 RESOLVED: (Ainsworth/MacDonald)
That the schedule of dates for public Council meetings be noted and received for information by Council. |
Assistant General Manager Engineering Services Report – LATE
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.
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That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 9.12 pm.
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FROM COUNCIL IN CLOSED MEETING
General Manager Report
For Confidential Business Paper in Closed Meeting
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)