PRESENT
Cr Rhonda Hoban (Mayor)
|
Cr John Ainsworth
|
Cr Martin Ballangarry OAM
|
Cr Brian Finlayson
|
Cr Susan Jenvey
|
Cr David Jones
|
Cr Janine Reed
|
Cr Anne Smyth
|
Cr John Wilson
|
|
ALSO PRESENT
Michael Coulter (General
Manager)
|
Scott Norman (AGM Corporate
Services)
|
Richard Spain (Manager Water
and Sewerage)
|
Monika Schuhmacher (Minute
Secretary)
|
APOLOGY
Paul Gallagher (AGM Engineering
Services)
PRAYER
Pastor Paul Richardson, from the
Seventh Day Adventist Church, offered a prayer on behalf of the Nambucca
Minister's Association.
DISCLOSURE OF INTEREST
Councillor J
Reed declared a pecuniary interest in Item 9.10 Result of Exhibition
Nambucca LEP amendment no. 14 to Permit Seniors Housing at 24 Coronation Road,
Congarinni North under the Local Government Act as Cr Reed has made a
submission on the matter and is an elected board member of Nambucca Valley
Care.
MAYORAL MINUTE - CR Hoban
- LATE
ITEM 5.2 SF873 271016 MAYORAL
MINUTE - Closure of the Macksville Branch of the Commonwealth Bank
|
425/16 RESOLVED: (Hoban/Ainsworth)
1 That
Council note the representations made in relation to the closure of the
Macksville Branch of the Commonwealth Bank.
2 That,
in relation to the outstanding report on options for Council investments due
in February 2017, Council staff consider the option of avoiding all
investment products offered by the Commonwealth Bank, unless the Bank
reverses its decision and retains the Macksville Branch in Macksville.
425/16 Resolved: (Reed/Ainsworth)
That Council invite the
appropriate representative from the Commonwealth Bank to visit Macksville so they
can justify their decision to the community and their customers.
|
NOTICE OF MOTION – CR
SMYTH
ITEM 5.1 SF2183 271016 Library
Committee and Library Strategic Plan (842)
|
426/16 RESOLVED: (Smyth/Jenvey)
1 That
staff provide a report on the library service status and progress as a
stand-alone service, including existing infrastructure and future
infrastructure needs.
2 That
the above report be presented to Council by the Manager Community
Development.
3 That
ideas be sought from appropriate staff on the formulation of a Nambucca Shire
Library Strategic Plan.
4 That
the views of appropriate staff be sought on the formation of a Library
Committee and suggested membership of such a committee.
5 That
funding opportunities be explored to develop a Nambucca Shire Library
Strategic Plan.
|
CONFIRMATION OF MINUTES - Ordinary Council
Meeting 13 October 2016
|
427/16 RESOLVED: (Reed/Smyth)
That the minutes of the
Ordinary Council Meeting of 13 October 2016 be confirmed.
|
DELEGATIONS
AND PUBLIC FORUMS
|
RESOLVED:
That the following
delegation be heard:
9.10 Result
of Exhibition Nambucca LEP amendment no 14 to Permit Seniors Housing........................ 3
i) Ms Kristy Hodgkinson on behalf of the Applicant
That the following public forums
be heard in CLOSED MEETING:
Grassy Head Road
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, the
personal hardship of any resident or ratepayer; and Section 10A(2)(e)
that the information would, if disclosed, prejudice the maintenance of the
law.
i)
Mr
Glen Schaefer—Grassy Head Road, ongoing offensive noise
ii) Mrs
Kent—Grassy Head Road development
|
Cr Reed left the meeting for Item
9.10 at 5.38 pm and returned after the conclusion of this Item at 6.01pm.
Ms Hodgkinson addressed Council
making the following points:
·
Town
Planning consultant on behalf of proponent
·
Further
milestone in planning process, more detailed work to be done
·
Consultation
will continue with Council staff and community
·
Benefits
for existing ageing community and those seeking a sea change
·
Will
result in substantial economic commitment
·
Residents’
comfort is foremost
·
Specifically
for aged care
·
Adequate
services must be in place both on and off the site
·
All
options for development are being considered
·
DA
will be finalised with all dwellings above flood level and emergency
contingencies in place
·
Will
provide sound economic and social outcomes for the community
·
Alternative
accommodation for age 55 and over.
ITEM 9.10 SF1852 271016 Result
of Exhibition Nambucca LEP amendment no. 14 to Permit Seniors Housing at 24
Coronation Road, Congarinni North
|
428/16 RESOLVED: (Finlayson/Ainsworth)
1 Council
support the planning proposal and forward the relevant information to the
Department of Planning and Environment for consideration in respect to
compliance/consistencies with the Section 117 Direction 4.3 Flood Prone Land.
2 Upon
receipt of agreement of the Secretary of the Department of Planning and
Environment, that Council proceed to make the plan, pursuant to delegated
authority provided to Council by the Minister of Planning and
Environment.
For the motion: Councillors
Hoban, Jones, Ainsworth, Finlayson, Ballangarry and Wilson (Total
7)
Against the motion: Councillors
Jenvey and Smyth (Total 2)
|
COUNCIL IN
CLOSED MEETING (CLOSED TO THE PUBLIC)
|
RESOLVED: (Ainsworth/Reed)
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:
|
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, the personal
hardship of any resident or ratepayer; and Section 10A(2)(e) that the
information would, if disclosed, prejudice the maintenance of the law.
CLOSED MEETING
The Ordinary Council Meeting's
Meeting IN CLOSED MEETING commenced at 6.03 pm.
Mr Schaefer addressed Council in
Closed meeting.
Mrs Kent addressed Council in
Closed meeting.
RESUME IN OPEN MEETING
|
RESOLVED: (Jones/Ainsworth)
That Ordinary Council
Meeting resume in Open Meeting. The Ordinary Council Meeting
resumed IN OPEN MEETING at 6.44 pm.
|
FROM COUNCIL IN CLOSED MEETING
429/16 Resolved: (Ainsworth/Finlayson)
That this matter, the
subject of the Public Forum, is regarded as an operational matter and no
further action will be taken by the Elected Council.
|
430/16 Resolved: (Hoban/Ainsworth)
That the General Manager
provides options to Council regarding parameters for Public Forums.
|
ASKING OF
QUESTIONS WITH NOTICE
There are no questions with
Notice.
QUESTIONS FOR CLOSED MEETING
WHERE DUE NOTICE HAS BEEN RECEIVED
There are no questions for Closed
meeting where due notice has been received.
General Manager Report
ITEM 9.1 SF959 271016 Outstanding
Actions and Reports
|
431/16 RESOLVED: (Ainsworth/Finlayson)
That
the list of outstanding actions and reports be noted and received for
information by Council.
|
ITEM 9.2 SF707 271016 Contracts
Register
|
432/16 RESOLVED: (Finlayson/Ainsworth)
That the
information concerning the updated contracts register be received.
|
ITEM 9.3 SF1406 271016 Nomination
of Members to the Northern Joint Regional Planning Panel
|
433/16 RESOLVED: (Reed/Smyth)
1 That
Council nominate the Mayor and its Senior Town Planner, Mr Daniel Walsh, as
its representatives on the Northern Joint Regional Planning Panel to sit on
development matters concerning the Kempsey Shire Council.
2 That
the Mayor and Mr Walsh provide written acknowledgement to the Planning Panels
Secretariat that they will comply with the requirements of the recently
revised Planning Panels Code of Conduct.
|
ITEM 9.4 RF391 271016 Replacement
of Browns Bridge, Saddlers Lane, Taylors Arm
|
434/16 Motion: (Finlayson/Ballangarry)
1 That
Council contact the property owner benefitting from the proposed replacement
of Browns Bridge off Sadlers Lane, Taylors Arm and advise them that Council
can no longer accept responsibility for the on-going maintenance and repair
of this bridge and invite them
to consider the following options:
a) They provide a
reasonable capital contribution, say 33.3%, towards the replacement of the
bridge or in the alternative make no capital contribution but accept on-going
responsibility for its maintenance and repair, or
b) They accept a
cash settlement from Council for the replacement of the bridge and its
on-going maintenance and repair.
2 That the
Mayor, General Manager and Assistant General Manager Engineering Services be
provided with delegated authority to enter into a negotiated settlement and
deed of agreement in relation to a negotiated outcome.
3 That
Council’s seal be attached to any negotiated settlement and deed of
agreement as required.
4 That
the outcome of the matter be reported back to Council for its information.
Amendment: (Ainsworth/Finlayson)
1 That the
Mayor, General Manager and Assistant General Manager Engineering Services be
provided with delegated authority to enter into a negotiated settlement and
deed of agreement in relation to a negotiated outcome.
2 That the
outcome of the matter be reported back to Council for its information.
The amendment was carried and
it became the motion and it was:
435/16 Resolved: (Ainsworth/Finlayson)
1 That the
Mayor, General Manager and Assistant General Manager Engineering Services be
provided with delegated authority to enter into a negotiated settlement and
deed of agreement in relation to a negotiated outcome.
2 That the
outcome of the matter be reported back to Council for its information.
|
ITEM 9.5 SF2279 271016 Overview
and Review of Council's Organisation Structure
|
436/16 RESOLVED: (Finlayson/Ainsworth)
1 That
Council note the review of its organisation structure.
2 That
Councillors provide the General Manager with any feedback they have on the
appropriateness or otherwise of Council’s organisation structure.
3 That
Council note the proposed changes to position titles.
|
ITEM 9.6 SF36 271016 Model
Code of Conduct
|
437/16 RESOLVED: (Ainsworth/Finlayson)
1 Council
note this review of the provisions of its Code of Conduct.
2 That
Council adopt the 2015 NSW Division of Local
Government Model Code of Conduct framework as Nambucca Shire Council's Code
of Conduct with the inclusions of Council's specific clauses.
3 That
Council note the addition of the following statement in Part 1 Introduction:
A
councillor who has been suspended on three or more occasions for misconduct
is automatically disqualified from holding civic office for five years.
4 That Council
note the addition of the following clause:
4.29
(b) the non-pecuniary conflict of interests arises only because of an
interest
that
a person has in that person's principal place of residence.
5 That Council
note the exclusion from Part 1 Introduction of the last paragraph:
A
better conduct guide has also been developed to assist councils to review and
enhance their codes of conduct. This guide supports this code and
provides further information on the provisions in this code.
|
ITEM 9.7 DA2016/156 271016 Request
to Waive Development Application Fees - Australia Day Celebrations in Gordon
Park - (SF24)
|
438/16 RESOLVED: (Jenvey/Smyth)
1 That
Council waive, by way of a donation, the development application fee of
$421.75 for the use of Gordon Park, Nambucca Heads, for the Australia Day
celebration event.
Motion: (Jenvey/Smyth)
2 That
Council notes that national symbols matter; that Council supports celebrating
Australian nationhood; that Council notes in its current form that the date
of Australia Day alienates Aboriginal and Torres Strait Islander people; that
Council considers there are social implications in the current form of
Australia Day for significant members of its population; and that Council
acknowledges that Aboriginal and Torres Strait Islander people may feel
excluded from the day.
Amendment: (Ainsworth/Wilson)
That the motion:
That
Council notes that national symbols matter; that Council supports celebrating
Australian nationhood; that Council notes in its current form that the date
of Australia Day alienates Aboriginal and Torres Strait Islander people; that
Council considers there are social implications in the current form of
Australia Day for significant members of its population; and that Council
acknowledges that Aboriginal and Torres Strait Islander people may feel
excluded from the day.
be deferred to the Council
meeting on 10 November 2016.
The amendment was carried and
it became the motion and it was:
439/16 Resolved: (Ainsworth/Wilson)
That the motion:
That
Council notes that national symbols matter; that Council supports celebrating
Australian nationhood; that Council notes in its current form that the date
of Australia Day alienates Aboriginal and Torres Strait Islander people; that
Council considers there are social implications in the current form of
Australia Day for significant members of its population; and that Council
acknowledges that Aboriginal and Torres Strait Islander people may feel
excluded from the day.
be deferred to the Council
meeting on 10 November 2016.
|
ITEM 9.8 SF24 271016 Request
for Donation - Blue Star Sustainability Awards (Bowraville Chamber of
Commerce and Industry)
|
440/16 RESOLVED: (Ainsworth/Finlayson)
That
Council make a donation of $250 to the Bowraville Chamber of Commerce and
Industry towards costs for their representative Ms Robynne McGinley to attend
the Blue Star Sustainability Awards at Orange on 4-6 November 2016.
|
ITEM 9.9 SF24 271016 Request
for Donation - Bowraville Junior Rugby League (Tigers Under 12's) Football
Teams
|
441/16 RESOLVED: (Ainsworth/Finlayson)
That
Council make a donation of $200 to the Bowraville
Junior Rugby League (Tigers Under 12's) Football Teams
towards the cost of purchasing shirts and to assist with travel and
accommodation costs.
|
Item 9.10 was dealt with under
dealt with under Delegations.
ITEM 9.11 SF2173 271016 Development
Applications greater than 12 months or where submissions received - 7 October
to 21 October 2016
|
442/16 RESOLVED: (Ainsworth/Finlayson)
That the information be
noted by Council.
|
ITEM 9.12 SF2173 271016 2016
September - Development and Complying Development Applications Received
|
443/16 RESOLVED: (Ainsworth/Reed)
That the
Development Applications and Complying Development Applications received in
September 2016 be received for information.
|
ITEM 9.13 SF2173 271016 2016
September - Approved Construction and Complying Development Certificates
|
444/16 RESOLVED: (Finlayson/Ainsworth)
That the Construction and
Complying Development Certificates approved for September 2016 be noted and
received for information by Council.
|
Assistant General Manager Corporate Services Report
ITEM 10.1 SF251 271016 Schedule
of Council Public Meetings
|
445/16 RESOLVED: (Ballangarry/Ainsworth)
That the schedule of dates
for public Council meetings be noted and received for information by Council.
|
ITEM 10.2 SF343 271016 Valla
Public Hall Committee of Management AGM - 18 August 2016 - Minutes
|
446/16 RESOLVED: (Reed/Ainsworth)
That Council endorse the
Minutes of the Committee of Management for the Valla Public Hall’s
Annual General Meeting held on 18 August 2016 and thank the outgoing
Committee for their work in the past twelve months.
|
Assistant General Manager Engineering Services Report
ITEM 11.1 SF81 271016 Request
to name the Emergency Operations Room within the Nambucca Emergency
Operations complex at Kelly Close Macksville - The Bill Lenthall Room
|
447/16 RESOLVED: (Reed/Smyth)
That
Council support the request from the Nambucca Local Emergency Management
Committee to name the Emergency Operations Centre meeting room, The Bill
Lenthall Room, in honour of the late Bill Lenthall, subject to the approval
of the Lenthall family.
|
ITEM 11.2 SF85 271016 Minutes
of the NSW Rural Fire Liaison Committee 10 August 2016
|
448/16 RESOLVED: (Ainsworth/Finlayson)
1 That
Council receive, note the report and endorse the minutes for the RFS Liaison
Committee Meeting Service Level Agreement - 2015/16 held on Wednesday 10
August 2016.
2 That
Council place the unexpended funds within the RFS 2015/16 budget into the RFS
reserve and used towards the 2016/17 budget accordingly.
|
ITEM 11.3 SF931 271016 Tender
REGPRO171617 Supply and Delivery of Concrete Pipes
|
449/16 RESOLVED: (Finlayson/Ainsworth)
1 That
Council award the REGPRO171617 Supply and Delivery of Concrete Pipes contract
as a Single Source Supplier for the period 1 October 2016 to 30 September
2018 to Holcim (Aust) Pty Ltd T/As Humes.
2 That
a provision be allowed by Council for a 12 month extension based on
satisfactory supplier performance, which may take this contract through to 30
September 2019.
3 That
Council endorse the tender evaluation for the tenders as provided in the
confidential report for REGPRO171617 Supply and Delivery of Concrete Pipes
Single Source Tender.
4 That
Council update the Contract Register (TRIM: 31325/2016).
5 That
Council note the Item12.1 in Closed Meeting.
For the motion: Councillors
Hoban, Jones, Reed, Ainsworth, Finlayson, Wilson, Ballangarry, Jenvey
and Smyth (Total
9)
Against the motion: Nil
|
ITEM 11.4 ND-BV-38 271016 Quotations
for Project ND-BV-38 under Tender T008/2016 for Landslip Remediation, North
Arm Road, 5.5km west of Bowraville.
|
450/16 RESOLVED: (Ainsworth/Finlayson)
1 That Council accept
the quotation from Sporting Services (Const) Pty Ltd t/as Pan Civil.
2 That
the Contract Register be udated.
3 That
Council note Item12.2 in Closed Meeting.
For the motion: Councillors
Hoban, Jones, Reed, Ainsworth, Finlayson, Wilson, Ballangarry, Jenvey
and Smyth (Total
9)
Against the motion: Nil
|
ITEM 11.5 SF675 271016 Tender
T121617MNC - Collection and Removal of Ferrous and Non Ferrous Scrap Metal
and Unleaded Acid Batteries
|
451/16 RESOLVED: (Finlayson/Ainsworth)
1 That the successful
tenderer be awarded the contract as the Single Source by Category supplier
for Tender T121617MNC for the Collection and Removal of Ferrous and Non-Ferrous
Scrap Metal and Unleaded Acid Batteries:
Category A
(1) – Collection of Ferrous Scrap Metals
Category A
(2) – Degassing of Air Conditioners and
Refrigerators
Category B –
Collection of Non-Ferrous Scrap Metals and
Category C –
Collection of Unleaded Acid Batteries.
to Matthews
Metal Management for the period 1 October 2016 to 30 September 2018.
2 That a provision be
allowed for a 12 month extension based on satisfactory supplier performance,
which may take this contract through to 30 September 2019.
3 That the Contract
Register be updated.
4 That Council note Item12.4 in Closed Meeting.
For the motion: Councillors
Hoban, Jones, Reed, Ainsworth, Finlayson, Wilson, Ballangarry, Jenvey
and Smyth (Total
9)
Against the motion: Nil
|
ITEM 11.6 SF675 271016 Tender
T151617 MNC Crushing of Concrete, Brick and Tile Products
|
452/16 RESOLVED: (Ainsworth/Finlayson)
1 That
Council Does Not Accept The Tender Process For Tender T151617 Mnc For
Crushing Of Concrete, Brick And Tile In Accordance With Clause 178 (3)(A) Of
The Local Government (General) Regulation – Part 7 Tendering
Requirements And Invite Tenders Under A New Specification.
2 That Council note
Item12.5 in Closed Meeting.
For the motion: Councillors
Hoban, Jones, Reed, Ainsworth, Finlayson, Wilson, Ballangarry, Jenvey
and Smyth (Total
9)
Against the
motion: Nil
453/16 Resolved: (Ainsworth/Jenvey)
3 That
Council receive a report on possible options for the processing and reuse of
construction and demolition waste.
|
ITEM 11.7 SF675 271016 Tender
T141617 MNC Collection and Removal of Used Oil
|
454/16 RESOLVED: (Ainsworth/Jenvey)
1 That Tender T141617
MNC for the Collection and Removal of Used Oil from Council’s
Waste Management Facility be accepted for the period 1 October 2016 to 30 September 2018 be awarded to B &
M Crowe Pty Ltd.
2 That
a provision be allowed for a 12 month extension, based on satisfactory
supplier performance, which may take this contract through to 30 September
2019.
3 That
the Contract register be updated.
4 That Council note the Item12.3 in Closed Meeting.
For the motion: Councillors
Hoban, Jones, Reed, Ainsworth, Finlayson, Wilson, Ballangarry, Jenvey
and Smyth (Total
9)
Against the motion: Nil
|
ITEM 11.8 SF90 271016 Nambucca
Shire Traffic Committee Meeting Minutes - 18 October 2016
|
455/16 RESOLVED: (Ainsworth/Finlayson)
1 That Council remove the No Parking restrictions outside the old St
Patricks School site on Wallace Street Macksville and reduce the size of the
bus zone to accommodate one bus.
2 That Council
approve a three (3) year long term road closure application from
Nambucca Valley Sub Branch for ANZAC DAY marches throughout the Valley provided the following criteria is met by each branch:
a) Reapply every three (3) years for
a subsequent three (3) year approval
b) Reapply if there are any changes
to the approved application ie times or route of the march
c) Comply with approved Traffic
Management Plan and/or NSW Police instruction and
d) Current Certificate of
Currency for Public Liability insurance.
3 That
Council install No Parking signs adjacent to the parking aisles of the
Macksville Aquatic Centre Car Park.
4 That Council install
Bus Zones in High Street Bowraville at the following locations:
a) 88 High Street (in front of the
old museum) 7.00am to.00 6pm and
b) 25 High Street (in front of the
Police Station) 7.00am to 10.00am and 2.00 pm to 6.00pm.
5 That
Council install No Parking signs on the eastern side of Thompson Street,
Valla Beach from 6 metres north of the circle to where the circle meets the
standard road alignment.
6 That Council
approve the Australia Day Carnival 2017 provided the following criteria has
been received by Council two (2) weeks prior to the event:
· Certificate
of Currency for Public Liability insurance
· Traffic
management plan confirming Accredited Traffic Controllers will be onsite and
· Police
and Roads and Maritime Services approval for the road closures.
7 That Council approve the Australia Day temporary
road closures on Australia Day, Thursday 26 January 2017 as follows:
a) Access road through Gordon Park to hold the
Australia Day event between 6.00am and 6.00pm and
b) Wellington Drive (from Gordon Park to the V Wall)
for short periods only between 7.00am and 10.00am.
8 That Council approve the Macksville Gift Procession
on 12 November 2016 and endorse the temporary road closures between the hours
of 11.30am and 11.50am as follows:
· Wallace
Street Station Street to Cooper Street
· Matilda
Street Station
Street to Wallace Street and
· Cooper
Street Wallace
Street to Boundary Street.
|
CLOSURE
There being no further business
the Mayor then closed the meeting the time being 7.35 pm.
Confirmed and signed by the Mayor
on 10 November 2016.
CR RHONDA HOBAN
MAYOR
(CHAIRPERSON)