Cr Rhonda Hoban (Mayor) Arrived 6.13 pm |
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 |
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ALSO PRESENT
Michael Coulter (General Manager) |
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Scott Norman (AGM Corporate Services) |
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Paul Gallagher (AGM Engineering Services) Arrived 6.13 pm |
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Monika Schuhmacher (Minute Secretary) |
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PRAYER
Pastor Peter Lott from the Christian Life Centre offered a prayer on behalf of the Nambucca Minister's Association.
Councillor Jones declared a non-pecuniary less significant conflict of interest in Item 5.2 Notice of Motion - Rubbish Removal at the Annual Nambucca Strikers Challenge Cup under the Local Government Act as Cr Jones is the Public Officer of the Nambucca Strikers Soccer Club.
Councillor Wilson declared a non-pecuniary significant conflict of interest in Item 6.1 Notice of Rescission - Australia Day under the Local Government Act as he is an executive member of the Lions Club of Nambucca Heads and the celebration of Australia Day on 26 January 2016 is important because of the funds they are able to raise at the event for local hospital/medical needs.
Councillor J Reed declared a non-pecuniary significant conflict of interest in Item 10.7 Macksville Hospital Redevelopment under the Local Government Act as Cr Reed is a Governing Board Member of the Mid North Coast Local Health District. Cr Reed left the meeting for this item.
Councillor JA Ainsworth declared a non-pecuniary significant conflict of interest in Item 10.12 Gumma Swamp Land Dedication under the Local Government Act as Cr Ainsworth owns land in the Gumma Swamp area and is an immediate neighbour to the applicant. Cr Ainsworth left the meeting for this item.
Councillor Smyth declared a non-pecuniary less significant conflict of interest in Item 10.16 Establishment of a Council 'Clean Energy Committee' under the Local Government Act as Cr Smyth is a non-executive member of Nambucca Valley Conservation
CONFIRMATION OF MINUTES - Ordinary Council Meeting 24 November 2016
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512/16/16 RESOLVED: (Smyth/Reed)
That the minutes of the Ordinary Council Meeting of 24 November 2016 be confirmed. |
NOTICE OF RESCISSION
512/16 RESOLVED: (Jenvey/Ballangarry)
That this motion be withdrawn. |
NOTICE OF MOTION - CR Smyth
ITEM 5.1 SF2183 151216 Notice of Motion - Request for Leave - Cr Anne Smyth (SF1228) |
513/16 RESOLVED: (Smyth/Ballangarry)
That this motion be withdrawn. |
NOTICE OF MOTION - CR Jones
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RECOMMENDATION:
That the following delegations be heard: PUBLIC FORUM i) Ms Nicole Murphie – Road safety ii) Mrs Elaine South – Congarinni Road iii) Ms Elaine Ward - Wards Lane - Dust iv) Mrs Marlene Hillard - Rubber trees on Bellevue Drive Macksville v) Mr Peter Hill - Adopt a Highway—Not in attendance vi) Mr Marcel De Koning – Cost of Beach Permits vii) Ms Ange Myer – Speed Limit on Northbank Road viii) Mr Paul Schadel – Give Way Sign ix) Mr Michael Griffiths – Damage Caused by World Rally x) Mr Garry Lee – Road Safety DELEGATION 10.10 Pacific Highway Road Noise Affecting Valla Residents.................................................... 5 i) Mr Simon Wagg – Complainant |
PUBLIC FORUM
i) Ms Nicole Murphie—Road Safety and World Rally
Ms Murphie welcomed Council to Utungun Hall and the community on behalf of Libby Ussher.
Ms Murphie made the following points:
· Road safety issue around hall
· Presentation already made previously to Council without response
· No designated speed limit, many activities take place in the Hall,
· Approx. 1700 people came through hall in 2016
· School bus stop directly outside hall
· Many children come and go from the Hall
· Traffic very fast, traffic vehicles varies from extremely large trucks to bicycles
· Risk of accident is high, something tragic will occur due to excess speed and no speed limits
· Suggests maximum of 60kmh around hall up to the fire station
· Maras Creek intersection, no lines, only one give way sign
· Not marked well and angle is dangerous
· Culvert in front of hall, several accidents – needs to be improved
· Inexpensive and easily implemented measures could save potential lives and accidents
· World Rally – Utungun stage commences in front of the Hall
· Was responses that were unacceptable – her horse was in a bad medical state which was exacerbated by the cars’ revving noises but police and officials would not move the vehicles a little further away
· Helicopter landed in property without permission or medical reason
ii) Ms Elaine South—Congarinni South Road
On behalf of Congarinni South residents – 80 to 90 residents
· Dust and dry conditions with some nearby houses not visible due to dust
· Heavy usage of this road
· Closest unsealed road to town
· One home every 228 metres
· Is used as a link road
· Major transport road for semi-trailers, livestock movers etc
· Country Roads Grant Round 3 coming up soon (Melinda Pavey MP)
· Safety is a concern, many near accidents, many elderly locals. All ratepayers.
iii) Ms Elaine Ward—Condition of Wards Lane
· Wards Lane is no through road, 800 metres unsealed and services 9 properties
· Family lived there since 1922
· Residents clear trees, fix washout etc after storms because they care, don’t call Council
· Concerns for children at intersection – no shoulder
· Adults with push stroller forced to walk on road
· Intersection with Taylors Arm Road, no safety turning lane available,
· Some upgrade with lines in 1990, then lines moved back after no consultation with locals
· Very large tree on the crest of the hill and nearly on the road, dangerous hazard
· lack of garbage service – no service is possible as Council has not provided a turning circle
· No shoulder for bins or area for garbage bin pickups
· Safety of residents and especially the very young is of utmost concern
· Overgrown and dead trees on the road reservation are a problem.
iv) Mrs Marlene Hillard—Rubber trees on Bellevue Drive Macksville
· Trees opposite 40 Bellevue Drive Macksville, her mother’s home
· The root system of trees is the problem, not the trees themselves
· Logs, rubbish, leaves, root system prohibits mowing in some parts of lawn
· Sections of cycleway replaced
· Request Council remove the trees and replace with suitable natives
· Some roots 20 metres long towards the Macksville bridge
· Ongoing cost to ratepayers if trees/roots are not removed
· Provided 2 photos for Council to peruse.
v) Mr Peter Hill—Adopt a Highway - NOT PRESENT
The Mayor and Assistant General Manager Engineering Services arrived at the meeting at 6.13 pm.
vi) Mr Marcel De Koning addressed Council on the Cost of Beach Permits
· Price increase since last year – 100% increase to $60 pa
· Some beaches part of National Parks and why should we pay Council fees as well
· A lot of money to pay for some recreation
· Not fair that they should pay for use of beaches in other Shires when they only want to use Nambucca Shire beaches.
vii) Ms Ange Myer—Speed Limit on Northbank Road
· No speed limit on road
· Majority travel at respectable speed
· Some vehicles speed
· Their house is very close to the road and they worry about children and grandchildren
· Speed limit would ensure safety
· Upgrade bitumen in front of houses especially No 181 – is in bad condition after the World Rally
viii) Mr Paul Schadel—Give Way Sign
· Intersection with Maras Creek, Y intersection
· Vision problems increased
· Coming down Maras Creek Road towards Hall you need to look before intersections as too difficult to look back to Taylors Arm Road
· Give way sign should be on Taylors Arm Road
ix) Mr Michael Griffiths—Damage Caused by World Rally
· Not only Rally Australia cause damage
· Council graded road 3 weeks before the Rally which caused much dust on his property
· Dealing with Rally Australia is very difficult
· Asked for barriers on property to protect trees in first Rally
· Second Rally no barriers advised by Rally official
· Lost farm productions; lost work for his workers
· Dust a problem in keeping finger limes alive
· Rally and Council grading filled orchard with dust and destroyed all his fruit
· Referred to World Rally Act which has to be adhered to
· Not out of Council’s hands, Kyogle stopped the Rally
· People set up unauthorised camping on his site, no water, no toilet, no communication
· His fruit is exported and now has insufficient to supply
· Letter of 22 November 2016 from Mr Griffiths needs to be answered
x) Mr Garry Lee— Road Safety
· Resident of Maras Creek Road
· 2.1 km left not sealed after 20 years
· Need for Give Way sign, traffic management plan is completely wrong
· Impeded by topography – landfall on the reserve
· Stabilisation can be carried out
· Pruning needed in Maras Creek Road, it is a tunnel of trees
· Travel on wrong side of road in excess of 300 m
· Road maintenance, would like 2.1 km sealed to the dairy
· Sprayed bitumen each side of Tom Maras Bridge has reduced dust
· Must be management plan that some funds can be earmarked to help
· From Dairy to Summerville’s property grading once a year – is there a management plan for grading?
· Speed concerns in Utungun area
· Risks can be reduced by cutting back trees and sign posts cannot be seen as behind guide posts
· Suggests 50kmh sign from intersection of Taylors Arm Road and Boat Harbour Road to Hall.
The Mayor took the Chair at 6.54 pm at the conclusion of the public forums.
The Mayor thanked the Deputy Mayor for Chairing the Council meeting in her absence.
DELEGATION
10.10Pacific Highway Road Noise Affecting Valla Residents................................................................. 5
Mr Simon Wagg had to leave the meeting early and was not available to address Council. He had advised the Mayor that he will send Council a petition. He thanked Council for their support.
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
516/16 RESOLVED: (Ainsworth/Reed)
That the list of outstanding actions and reports be noted and received for information by Council. |
517/16 RESOLVED: (Ainsworth/Finlayson)
That the information concerning IPART’s determination of a 1.5% rate peg for the 2017-2018 financial year be received. |
ITEM 10.4 RF391 151216 Replacement of Browns Bridge, Sadlers Lane, Taylors Arm |
519/16 Motion: (Finlayson/Ballangarry)
That Council replace Brown’s Bridge as per Council’s Bridge Replacement Program, utilising the $25,000 offered by the property owner to improve the bridge approaches.
Amendment: (Finlayson/Ainsworth)
That Council take no action in regard to replacing Brown’s Bridge and that Council investigate the possibility of providing a causeway instead of a bridge.
The amendment was carried and it became the motion and it was:
520/16 Resolved: (Finlayson/Ainsworth)
That Council take no action in regard to replacing Brown’s Bridge and that Council investigate the possibility of providing a causeway instead of a bridge. |
Cr Reed left the meeting for this Item at 7.42 pm and returned after the conclusion of this Item at 7.57 pm.
ITEM 10.8 SF2150 151216 Bowraville Solution Brokerage Task Group |
524/16 RESOLVED: (Finlayson/Jenvey)
That Council note the formation of the Bowraville Solution Brokerage Task Group. |
Item 10.10 was dealt with under Delegations.
Cr Ainsworth left the meeting for this Item at 8.12 pm and returned after the conclusion of the Item at 8.30 pm.
That Council accept dedication of the section of the Gumma Swamp located within Lot 20 DP 245595 and Lot 1 DP 1204205 as outlined in pink within figure 2 of the report.
Amendment: (Hoban/Reed)
That Council receives a further brief report as to whether the has been any investigation has been made as to the potential of ownership for the land being dedicated to interested environmental groups such as Wetland Care Australia before reconsidering this proposal.
The amendment was carried and it became the motion and it was:
527/16 Resolved: (Hoban/Reed)
That Council receives a further brief report as to whether there has been any investigation as to the potential for the land being dedicated to interested environmental groups such as Wetland Care Australia before reconsidering this proposal. |
ITEM 10.16 SF842 151216 Establishment of a Council 'Clean Energy Committee' |
1 That Council adopt the Terms of Reference for a ‘Clean Energy Committee’ as outlined in the body of the body of this report.
2 That two Councillors, including a Chair, be appointed to the Committee.
3 That Council nominate a Chair and a second Councillor.
4 That Council formally invite the Office of Environment and Heritage to be a part of this Committee, specifically the Clean Energy Coordinator NE region.
5 That Council formally invite the Nambucca Valley Conservation Association be a part of this Committee and nominate a representative.
6 That Council formally invite Transition Nambucca Valley to be a part of this Committee and nominate two representatives.
7 That Council invite Bellingen Shire Council to be a part of this Committee in an advisory role.
Amendment: (Jenvey/Smyth)
That Council invite Bellingen Shire Council to be a part of this Committee to order to take advantage of potential resource sharing on future projects. And further, if the response is positive, Council forward a copy of the draft Terms of Reference for consideration.
The amendment was carried and it became the motion and it was:
531/16 Resolved: (Jenvey/Smyth)
That Council invite Bellingen Shire Council to be a part of this Committee to order to take advantage of potential resource sharing on future projects. And further, if the response is positive, Council forward a copy of the draft Terms of Reference for consideration. |
Assistant General Manager Corporate Services Report
ITEM 11.1 SF2230 151216 Investment Report To 30 November 2016 |
538/16 RESOLVED: (Ainsworth/Finlayson)
That the Accountants’ Report on Investments placed to 30 November 2016 be noted. |
539/16 RESOLVED: (Smyth/Wilson)
That the schedule of dates for public Council meetings be noted and received for information by Council. |
542/16 RESOLVED: (Finlayson/Ainsworth)
That Council receive the list of grant applications to 6 December 2016 and the list of current grant funding available from Council’s new Grants Calendar. |
Assistant General Manager Engineering Services Report
Assistant General Manager Engineering Services Report – LATE
Assistant General Manager Engineering Services Report
For Confidential Business Paper in Closed Meeting
ITEM 13.1 ND-NA-50 151216 Confidential Report Quotations for Project ND-NA-50 and ND-NA-51 23.6km and 24.9km on North Arm Road under Tender T008/2016
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 13.2 SF839 151216 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.
For Confidential Business Paper in Closed Meeting
ITEM 13.3 PRF71 151216 Nambucca Heads Skate Park
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) (e) (g) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, prejudice the maintenance of law; AND the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.
CLOSED MEETING
The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 9.37 pm.
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That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 9.43 pm
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FROM COUNCIL IN CLOSED MEETING
Assistant General Manager Engineering Services Report
For Confidential Business Paper in Closed Meeting
For Confidential Business Paper in Closed Meeting
550/16 RESOLVED: (Finlayson/Jones)
That this item be deferred until the Council meeting on 12 January 2017. |
For Confidential Business Paper in Closed Meeting
551/16 RESOLVED: (Jenvey/Ballangarry)
That Council note the information concerning the Nambucca Heads Skate Park. |
CLOSURE
There being no further business the Mayor then closed the meeting the time being 9.44 pm.
Confirmed and signed by the Mayor on 12 January 2017.
CR RHONDA HOBAN
MAYOR
(CHAIRPERSON)