PRESENT
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Cr John Ainsworth (Deputy
Mayor)
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Martin Ballangarry OAM
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Cr Brian Finlayson
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Cr Kim MacDonald
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Cr Bob Morrison
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Cr Anne Smyth
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Cr Elaine South
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ALSO PRESENT
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Michael Coulter (General
Manager)
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Scott Norman (AGM Corporate
Services)
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Paul Gallagher (AGM Engineering
Services)
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Monika Schuhmacher (Minute
Secretary)
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APOLOGIES
Cr Rhonda Hoban (Mayor); Cr Paula
Flack
PRAYER
Pastor Paul Richardson of the
Seventh Day Adventist Church offered a prayer on behalf of the Nambucca
Minister's Association.
DISCLOSURE OF INTEREST
There were no disclosures of
interest.
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CONFIRMATION OF MINUTES - Ordinary Council
Meeting 26 May 2016
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242/16 RESOLVED: (MacDonald/Smyth)
That the minutes of the
Ordinary Council Meeting of 26 May 2016 be confirmed subject to the following
amendment:
On Page 8 the following note
should be at the head of Item 5:
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
ITEM 9.5 DA2014/198 260516 Modification
to Development Consent DA2014/198
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NOTICE OF MOTION - CR Hoban
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ITEM 5.1 SF2183 160616 Notice
of Motion - Support For Continued Funding To Eliminate Mobile Phone Black
Spots (SF617)
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243/16 RESOLVED: (Ainsworth/MacDonald)
That Council write to the
Federal Coalition and the Australian Labor Party supporting the need for
continued funding to eliminate mobile phone blackspots to ensure access to
‘000’ emergency numbers in the Nambucca Valley and across Australia.
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NOTICE OF MOTION - CR Hoban
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ITEM 5.2 SF2183 160616 Notice
Of Motion – TAFE Training Partnership On Council’s Industrial Land – Railway
Road Nambucca Heads (SF652)
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244/16 RESOLVED: (South/Morrison)
That Council note the
successful partnership with TAFE for the use of one of Council’s industrial
blocks on Railway Road as a training facility for Civil Construction; Plant
Operations trainees and congratulate the Manager of Business Development on
his initiative.
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DELEGATIONS
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RECOMMENDATION:
That the following
delegations be heard:
9.10 DA2016/050 Dwelling House and Shed Lot
114 DP 861793 Valla Road, Valla
i) Ms Kay Rudder—Objector
ii) Mr Guido Eberding—Applicant
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Ms Rudder addressed Council
making the following points:
·
Requested the Item be deferred to the next Council meeting.
·
Only found out this afternoon that the land is rated as Farmland,
not grazing land
·
They have a case to put forward. Were advised by Council in 1996
that this issue would not be discussed in future.
Mr Eberding addressed Council
making the following points:
·
Is an architectural designer
·
Is the designer of this house
·
Currently grazing land
·
The new dwelling would be in line with adjoining houses
·
Supports Council making a decision today.
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ITEM 9.10 DA2016/050 160616 DA2016/050
Dwelling house and shed Lot 114 DP 861793 Valla Road, Valla
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245/16 RESOLVED: (Morrison/Finlayson)
That the
matter be deferred to the next Council meeting on 30 June 2016.
For the motion: Councillors
Ainsworth, South, MacDonald, Finlayson, Smyth, Ballangarry and Morrison (Total
7)
Against the motion: Nil
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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
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ITEM 9.1 SF959 160616 Outstanding
Actions and Reports
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246/16 RESOLVED: (Finlayson/MacDonald)
That
the list of outstanding actions and reports be noted and received for
information by Council.
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ITEM 9.2 SF839 160616 Annual
Reporting of Contracts for Senior Staff
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247/16 RESOLVED: (Finlayson/MacDonald)
That the information
concerning the provisions of the employment contracts for the General
Manager, Assistant General Manager Engineering Services and Assistant General
Manager Corporate Services be received.
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ITEM 9.3 SF621 160616 Aboriginal
Land Claim 35939 at Bowraville
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248/16 RESOLVED: (Finlayson/Smyth)
That
Council advise the Department of Primary Industries Lands that the
longstanding Police Station in Bowraville, being contained within Lot 10 DP
758150, is a lawful use and occupation providing for an essential public
purpose. Whether or not the land is “needed” or “likely to be needed” for
this essential public purpose is a matter for the NSW Police Force.
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ITEM 9.4 SF600 160616 Proposed
Subdivision and Sale of Land Adjoining the Macksville Sewerage Treatment
Plant
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249/16 RESOLVED: (Finlayson/Morrison)
1 That Council enter into a contract of sale with Mr Gordon
for the proposed lot 20 for $87,500 and that approval be provided to enter
the land and establish the processing plant under licence.
2 That following the establishment of the proposed
grease trap waste processing plant, that Council lodge and determine a
development application for the proposed two lot subdivision and, if
approved, proceed with the registration of the subdivision.
3 That Council’s seal be attached to legal
documents associated with the subdivision and sale of the land as required.
Note: Cr Smyth and Cr
Ballangarry requested their vote be recorded against this resolution as they
do not agree that sludge should be processed on a floodplain..
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ITEM 9.5 SF848 160616 Rates
and Charges - Review of Ratepayers with Large Sewer Access Charges
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250/16 RESOLVED: (Finlayson/MacDonald)
1 That the information concerning the
review of ratepayers with large water access charges and the proposed
backdated credits be received.
2 That the General Fund reimburse the
Sewerage Fund for the sewerage access charges payable by the Macksville
Memorial Aquatic Centre pending the next scheduled tender in 5 years’
time.
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ITEM 9.6 SF770 160616 Inquiry
into Water Augmentation in Rural and Regional NSW
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251/16 RESOLVED: (Finlayson/MacDonald)
That the
information concerning the inquiry into water augmentation in rural and
regional New South Wales be received.
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ITEM 9.7 SF453 160616 Domestic
Waste Charges for Properties with Multiple Occupancies
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252/16 RESOLVED: (Smyth/South)
1 That Council continue with its approach
of levying a domestic waste management service charge on each occupancy on a
collection route.
2 That this approach be formalised in
Council’s Waste Collection Service Policy.
3 That the complainant be advised of
Council’s decision to continue to levy waste management service charges per
occupancy.
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ITEM 9.8 SF1120 160616 Cricket
NSW - Request for Matching Funding of $12,500 to Purchase Lawn Mower
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253/16 RESOLVEDS: (Finlayson/South)
1 That Council make provision in its 2016/2017 operational
plan for the requested $12,500 (excluding GST) donation towards the purchase
of a Toro Reelmaster 5510 to be used for the mowing of Thistle Park and the
Donnelly Welsh Playing Fields.
2 That Council’s contribution is subject to the mower being
insured and available for both junior and senior cricket and also for Council
staff.
3 That Cricket NSW be advised of Council’s decision.
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ITEM 9.9 SF929 160616 Visitor
Information Centre - Future Options
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254/16 RESOLVED: (South/Smyth)
That
Council call for Expressions of Interest to rent or lease the existing
Visitor Information Centre, with all EOI’s to include proposals for the
provision of visitor information.
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Item 9.10 was dealt with under
Delegations.
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ITEM 9.11 SF2172 160616 Minutes
of the Nambucca Shire Council Access Committee meeting held 26 April 2016
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Motion: (MacDonald/Morrison)
That Council endorse the
minutes of the Nambucca Shire Council Access Committee meeting held 26 April
2016.
Amendment: (Morrison/Smyth)
1 That Council endorse the minutes of the Nambucca Shire
Council Access Committee meeting held 26 April 2016.
2 That Council staff provide
a report on a revised voucher system being:
a two vouchers
used for two deliveries
b two vouches of which one will be used for
collection and the other used for delivery
The amendment was carried and it became the motion and it was:
255/16
Resolved: (Morrison/Smyth)
1 That Council endorse the minutes of the Nambucca Shire
Council Access Committee meeting held 26 April 2016.
2 That Council staff provide
a report on a revised voucher system being:
a two
vouchers used for two deliveries
b two vouches of which one will be used for
collection and the other used for delivery.
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ITEM 9.12 SF2172 160616 Minutes
of the Nambucca Shire Council Access Committee meeting held 24 May 2016
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256/16 RESOLVED: (MacDonald/Ballangarry)
1 That Council notes the Committee’s concerns and the
feedback it has received from the public regarding changes to the bulk rubbish
collection; and its suggestion that if people have complaints about the
withdrawal of the service that they make their concerns known to Council.
2 That Council endorse the remaining minutes of the
Nambucca Shire Council Access Committee meeting held 24 May 2016.
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ITEM 9.13 SF639 160616 Changes
to position titles in the organisation structure
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257/16 RESOLVED: (Finlayson/Smyth)
That
Council adopt the following changes to position titles in the organisation
structure:
· Grants and Contributions Officer to Grants Officer
· Ranger x 1 to Ranger Coordinator
· Attendant/Plant Operator x 1 to Weighbridge Operator
· Construction Carpenter x 1 to Concreter
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ITEM 9.14 SF2173 160616 Outstanding
DAs greater than 12 months or where submissions received - 17 May 2016 - 7
June 2016
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258/16 RESOLVED: (Finlayson/MacDonald)
That the information be
noted by Council.
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ITEM 9.15 SF2208 160616 Planning
Proposal - Addition to House Keeping Amendment - Additional Permitted Land
Use in IN1 Land Use Zone
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259/16 RESOLVED: (Finlayson/Morrison)
That
Council resolve to include vehicles sales and hire premises as a
“permitted with consent” land use to the IN1 Land Use Table and submit the
amendment to the Minister of Planning and Environment for
Gateway Determination in accordance with the Environmental Planning and
Assessment Act 1979. It will be requested that this amendment be included
as part of Council’s recent gateway application for a housekeeping amendment.
For the motion: Councillors
Ainsworth, South, MacDonald, Finlayson, Smyth, Ballangarry and Morrison (Total
7)
Against the motion: Nil
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ITEM 9.16 SF2173 160616 2016
May - Received Development Applications and Complying Development
Applications
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260/16 RESOLVED: (MacDonald/Finlayson)
That the
Development Applications and Complying Development Applications received in
May 2016 be received for information.
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ITEM 9.17 SF2173 160616 2016
May - Approved Construction and Complying Development Certificates
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261/16 RESOLVED: (MacDonald/Finlayson)
That the Construction and
Complying Development Certificates approved for May 2016 be noted and
received for information by Council.
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ITEM 9.18 SF2025 160616 Joint
Organisations - Announcement on Operational Arrangements
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262/16 RESOLVED: (Finlayson/Smyth)
1 That the information concerning the
proposed operational arrangements for Joint Organisations be received.
2 That there be a further report to
Council’s meeting on 30 June concerning Council’s submission on the
proposals.
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Assistant General Manager Corporate Services Report
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ITEM 10.1 SF251 160616 Schedule
of Council Public Meetings
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263/16 RESOLVED: (South/MacDonald)
That the schedule of dates
for public Council meetings be noted and received for information by Council.
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ITEM 10.2 SF317 160616 Macksville
Park and Sports Committee of Management AGM - 16 May 2016 - Minutes
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264/16 RESOLVED: (Finlayson/Smyth)
That Council endorse the
Minutes of the Committee of Management for the Macksville Park and Sports
Centre Annual General Meeting held on 16 May 2016 and thank the outgoing
Committee for their work in the past twelve months.
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ITEM 10.3 SF1120 160616 Grant
Application Status Report
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265/16 RESOLVED: (Finlayson/Smyth)
That Council receive the
list of grant applications to 9 June 2016, and the list of current grant
funding available from Council’s new Grants Calendar.
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ITEM 10.4 SF2130 160616 Draft
Integrated Planning and Reporting Documents
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266/16 RESOLVED: (MacDonald/South)
That Council
adopt the following documents as amended:
1 The Draft Operational Plan
2016-17
2 The Draft Revenue Policy
2016-17
3 The Draft Long Term Financial
Plan 2016-2026.
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ITEM 10.5 SF2116 160616 Investment
Report To 31 May 2016
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267/16 RESOLVED: (Finlayson/South)
That the
Accountants’ Report on Investments placed to 31 May 2016 be noted.
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Assistant General Manager Corporate Services Report–
LATE
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ITEM 10.6 SF2130 160616 Late
Report - Final Submissions - Addendum to Draft Integrated Planning and
Reporting Documents Report
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268/16 RESOLVED: (Finlayson/MacDonald)
That
Council adopt the following documents as amended:
1 The Draft Operational Plan
2016-17
2 The Draft Revenue Policy 2016-17
3 The Draft Long Term Financial
Plan 2016-2026.
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Assistant General Manager Engineering Services Report
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ITEM 11.1 SF565 160616 Temporary
Road Closure Application - Volkswagen Spectacular 30 July 2016
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269/16 RESOLVED: (Morrison/Ballangarry)
1 That the Nambucca Shire Local Traffic
Committee recommends that Council approve the road closure for the Volkswagen
Spectacular event subject to the following documentation being received by
Council:
Certificate
of Currency for Public Liability Insurance
Traffic
Management Plan confirming Accredited Traffic Controllers will be on site,
and
Police
approval for the road closure.
2 That the Nambucca Shire Local Traffic
Committee recommends that Council advertise the road closure seven (7) days
prior to the event as follows:
Event: Volkswagen
Spectacular
Date: 30
July 2016
Street: Bowra
Street and Mann Streets, Nambucca Heads from Ridge Street to
Palmer
Street
Time: 8.00am
and 1.30pm
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COUNCIL IN CLOSED MEETING (CLOSED
TO THE PUBLIC)
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270/16
RESOLVED: (Finlayson/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 below.
Reason reports are in Closed Meeting:
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General Manager Report
For Confidential Business Paper in Closed Meeting
ITEM
12.1 SF2086 160616 Valla Urban Growth Area - Proposed Sale
of 30,000m2
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.
For Confidential Business Paper in Closed Meeting
ITEM
12.2 SF148 160616 Tender for General Insurances
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
12.3 SF839 160616 General Manager's Performance Review
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) (a) of the Local Government Act, 1993, on the grounds
that the report contains personnel matters concerning particular individuals.
CLOSED MEETING
The
Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced
at 7.03 pm.
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RESUME IN OPEN MEETING
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RECOMMENDATION:
That Ordinary
Council Meeting resume in Open
Meeting. The Ordinary Council
Meeting resumed IN OPEN
MEETING at 9.38 pm
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FROM COUNCIL IN CLOSED MEETING
General Manager Report
For Confidential Business Paper in Closed Meeting
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ITEM
12.1 SF2086 160616 Valla Urban Growth Area - Proposed
Sale of 30,000m2
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271/16 RESOLVED: (Finlayson/South)
1 That
Council forward a contract of sale for approximately 30,000m2 of
land, being part of Lot 2 DP 1173066, for a purchase price of $3m.
2 That
the conditions of sale be as per those listed in the summary of this report
or otherwise as agreed by the Mayor, General Manager, and Manager Business
Development acting with the delegated authority of Council.
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For Confidential Business Paper in Closed Meeting
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ITEM
12.2 SF148 160616 Tender for General Insurances
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272/16 RESOLVED: (Finlayson/Smyth)
1 That
Council give notice to Statewide Mutual of its intention to undertake a
tender for the provision of its general insurances.
2 That
Council seek expressions of interest from other councils in participating in
a joint tender.
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Meeting
adjourned at 7.33 pm
Meeting
resumed at 8.05 pm
Cr
Finlayson left the meeting at 8.06 pm.
For Confidential Business Paper in Closed Meeting
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ITEM
12.3 SF839 160616 General Manager's Performance Review
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273/16
RESOLVED: (South/Ballangarry)
That the General Manager note the Council’s comments on his
performance.
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CLOSURE
There being no further business
the Deputy Mayor then closed the meeting the time being 9.39 pm.
Confirmed and signed by the
Deputy Mayor on 30 June 2016.
CR JOHN AINSWORTH
DEPUTY MAYOR
(CHAIRPERSON)