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 |
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ALSO PRESENT
Michael Coulter (General Manager) |
Paul Gallagher (AGM Engineering Services) |
Monika Schuhmacher (Minute Secretary) |
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APOLOGIES
Scott Norman (AGM Corporate Services)
Cr David Jones (for being late—he arrived at 5.37 pm)
PRAYER
Father Selwin from the Catholic Church offered a prayer on behalf of the Nambucca Minister's Association.
DISCLOSURE OF INTEREST
Councillor R Hoban declared a non-pecuniary significant conflict of interest in Item 9.15 Environment Management Audit of Valla Quarry under the Local Government Act as Cr Hoban was involved in negotiating the conditions of consent for the quarry in the Land and Environment Court prior to becoming a Councillor. Cr Hoban left the meeting for this Item.
Councillor J Reed declared a pecuniary interest in Item 9.9 Macksville Hospital Redevelopment under the Local Government Act as Cr Reed is a member of the Mid North Coast Land Health District Board. Cr Reed left the meeting for this item.
Councillor Jenvey declared a pecuniary interest in Item 9.15 Environment Management Audit of Valla Quarry under the Local Government Act as Cr Jenvey has suffered loss to property and community at Valla from the Valla Quarry. Cr Jenvey left the meeting for this item.
Councillor Jenvey declared a non-pecuniary less significant conflict of interest in Item 9.16 Use of Council owned Land at Valla to Store Caravans for the Lifetime Connect, "Young People in Caravans Project" under the Local Government Act as Cr Jenvey has friendship and membership in an association with Stuart Holmes, Nambucca Men's Shed Coordinator.
NOTICE OF MOTION - CR Smyth – LATE
PUBLIC FORUMS AND DELEGATIONS |
CITIZENSHIP CEREMONY – Mr Fitzroy Powell received his Australian Citizenship bestowed on him by the Mayor, Rhonda Hoban on behalf of the Minister for Immigration and Boarder Protection, the Hon Peter Dutton MP.
RECOMMENDATION
That the following Public Forums and Delegations be heard:
PUBLIC FORUM i) St Patricks School Girl Captains: Miss Zoe Rudder and Miss Caitlin Mann presenting the Year 6 Students' suggestions for the Dawkins Park and Macksville Revitalisation Plans ii) Mr Peter Gill – Roadside Rubbish, Pacific Highway and Giinagay Way(advised by telephone call that he would like to postpone his address to Council until the March Council meeting).
DELEGATIONS 9.2 Replacement of Browns Bridge, Sadlers Lane, Taylors Arm i) Mr Peter Watt
9.3 Single-Use Plastic Shopping Bags i) Ms Melina Murphy – Supporting the recommendations
9.12 Use of Adin Street Reserve (Village Green) Scotts Head for Markets i) Ms Pip Midson representing the Scotts Head Events Committee of Management ii) Ms Annie Holcombe—on behalf of Wildlife Rescue Inc iii) Mr Bernard Ashcroft—on behalf of Wildlife Rescue Inc
9.13 DA2016/236 - Markets - Lot 3 DP 1202794, Adin Street Reserve, Scotts Head i) Ms Angie Evans, President Scotts Head Community Group—requesting deferral of Item 9.13
9.15 Environmental Management Audit of Valla Quarry i) Mr Peter Sobey – interested resident
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PUBLIC FORUM
i) School Captains, Ms Zoe Rudder and Miss Caitlyn Mann, from St Patricks School addressed Council to a PowerPoint presentation in relation to a submission put to Council by St Patricks School students for the redesign of Dawkins Park and Macksville CBD rejuvenation.
DELEGATIONS
33/17 Resolved: (Ainsworth/Wilson)
That Council defer Item 9.2 until Mr Watt arrives at the Council meeting. |
9.2 Replacement of Browns Bridge, Sadlers Lane, Taylors Arm
i) Mr Peter Watt was in the gallery but chose not to address Council.
ITEM 9.2 RF391 090217 Replacement of Browns Bridge, Sadlers Lane, Taylors Arm |
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 and adjust the Council budget accordingly.
The motion was LOST.
34/17 Resolved: (Finlayson/Ainsworth)
That Council advise the property owner that Council currently cannot afford the replacement of the bridge and that it will considered as part of Council’s four year delivery program commencing in 2017/18.
Note: Cr Smyth requested her vote be recorded against the motion as she does not believe Council’s financial situation will be any different. Note: Cr Ballangarry requested his vote be recorded against the motion. Note: Cr Jenvey requested her vote be recorded against the motion as the bridge replacement was already budgeted for and she believes it should be done straight away. |
DELEGATIONS continued
9.3 Single-Use Plastic Shopping Bags
i) Ms Melina Murphy addressed Council making the following points:
· already being discussed in the community
· some people threatened by banning of the plastic bag
· mentioned Boomerang Bags, produce recyclable bags
· 2/3 fish stock suffer from plastic bag ingestion
· Pollution of our oceans
· Most States already have banned the plastic bags
· NSW is behind most of Australia
ITEM 9.3 SF617 090217 Single-Use Plastic Shopping Bags |
1 Council make representations to the Mid North Coast Regional Organisation of Councils (MIDROC) and/or the proposed North Coast Joint Organisation to lobby retailers and the NSW Government for legislation and other action to discourage single use plastic shopping bags.
2 Council make representations to the Minister for the Environment and the Member for Oxley in relation to supporting legislation to discourage single use plastic shopping bags by for example only making them available for a minimum 10 cent payment.
3 That Council support the Boomerang Bags community initiative, and Council lobby the Chambers of Commerce and local shops to encourage use of these bags.
Amendment: (Ainsworth/Reed)
1 Council make representations to the Mid North Coast Regional Organisation of Councils (MIDROC) and/or the proposed North Coast Joint Organisation to lobby retailers and the NSW Government for legislation and other action to discourage single use plastic shopping bags.
2 Council make representations to the Minister for the Environment and the Member for Oxley in relation to supporting legislation to discourage single use plastic shopping bags by for example only making them available for a minimum 10 cent payment.
The amendment was carried and it became the motion and it was:
35/17 Resolved: (Ainsworth/Reed)
1 Council make representations to the Mid North Coast Regional Organisation of Councils (MIDROC) and/or the proposed North Coast Joint Organisation to lobby retailers and the NSW Government for legislation and other action to discourage single use plastic shopping bags.
2 Council make representations to the Minister for the Environment and the Member for Oxley in relation to supporting legislation to discourage single use plastic shopping bags by for example only making them available for a minimum 10 cent payment. |
DELEGATIONS continued
i) Ms Angie Evans, President Scotts Head Community Group— requesting deferral of item 9.13
36/17 Resolved:(Jones/Ainsworth)
That Council hear from the Scotts Head Events Committee or Wildlife Rescue on the impact of delaying a decision on DA2016/236. |
DELEGATIONS continued
DELEGATIONS continued
9.15 Environmental Management Audit of Valla Quarry
Cr Hoban and Cr Jenvey left the meeting for this Item at 6.29 pm.
Deputy Mayor Cr Ainsworth took the Chair for Item 9.15.
i) Mr Peter Sobey addressed Council making the following points:
· No quarry 30 years ago where the current quarry is now
· 1996 land was leased and a proposal to build quarry
· Provided details of history of conditions
· Noise levels are unacceptable
· Complaints are usually fobbed off
· Continuing problems associated with this quarry
· Consent conditions still not met in relation to noise
· Hopes Council can learn some lessons from the brief history provided.
Cr Hoban and Cr Jenvey returned to the meeting after the conclusion of this Item, at 6.47 pm.
Cr Hoban resumed the Chair at this time.
DELEGATIONS continued
Cr Reed left the meeting for this Item at 7.20 pm and returned after the conclusion of the Item at 7.40 pm.
Ms Searle addressed Council making the following points:
· Speaking for her mother Mrs Diane Coombes
· Letitia Close – first property in Close and highly impacted by highway upgrade
· Impacts of having proposed hospital in that vicinity
· Impacts with traffic congestion and on and off ramps in one direction each
· Emergency services can go across the median strip
· Local residents and visitors to the proposed hospital
· Water will bank up in times of flood
· Mosquitos a health risk (Ross River Fever)
· There are other parcels of land which would be more suitable eg Bald Hill
· Completely for the development of a new hospital
· Suggested the site where currently Pacifico has its work sites on Albert Drive would be more suitable
The meeting adjoined at 7.56 pm.
The meeting resumed at 8.33 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
That the list of outstanding actions and reports be noted and received for information by Council. |
Item 9.2 was dealt with under Delegations.
Item 9.3 was dealt with under Delegations.
ITEM 9.6 SF1148 090217 Council Ranger's Report December 2016 |
That Council’s Ranger’s report for December 2016 be received and noted by Council. |
46/17 RESOLVED: (Finlayson/Ainsworth)
That the Asbestos Policy, based on the Model Asbestos Policy for NSW Councils, be adopted. |
Item 9.9 was dealt with under Delegations.
ITEM 9.10 SF2079 090217 Refund of Deposits to 2016 Local Government Election Candidates |
That Council refund forfeit nominations deposits to unsuccessful Candidates.
The motion was LOST |
Item 9.12 was dealt with under Delegations.
Item 9.13 was dealt with under Delegations.
Item 9.15 was dealt with under Delegations.
ITEM 9.17 SF2317 090217 Rally Australia - Community Liaison Committee |
That Cr Finlayson and Cr Ainsworth represent Council on the Rally Australia Community Liaison Committee. |
Assistant General Manager Corporate Services Report
ITEM 10.2 SF337 090217 Taylors Arm Reserve Committee of Management - Annual General Meeting 15 December 2016 |
54/17 RESOLVED: (Reed/Finlayson)
That Council endorse the minutes of the Annual General Meeting held on 15 December 2016 for the Committee of Management for the Taylors Arm Reserve and thank the outgoing Committee for their work in the past twelve months.
55/17 Resolved: (Hoban/Reed)
That given the common membership of the Taylors Arm Hall Committee and the Taylors Arm Reserve Committee Council write to both committees seeking their views on amalgamation for the purpose of reducing the burden on volunteers of attending two separate meetings, keeping two sets of documents and to provide financial flexibility in the maintenance and management of two community facilities. |
Assistant General Manager Engineering Services Report
ITEM 11.2 SF1031 090217 Review of Policy: Trees and Street Gardens - Maintenance and Removal of Trees and Street Gardens on Public Land Managed by Council |
1 That Council place the revised Draft Policy - Trees and Street Gardens – Maintenance and Removal of Trees and Street Gardens on Public Land Managed by Council (Our Ref: 13154/2013) on public exhibition for the required period of 28 days.
2 That Council receive a further report at the completion of the exhibition period with a view to endorsing the Policy for Trees and Street Gardens – Maintenance and Removal of Trees and Street Gardens on Public Land managed by Council.
Amendment: (Jenvey/Smyth)
1 That Council place the revised Draft Policy - Trees and Street Gardens – Maintenance and Removal of Trees and Street Gardens on Public Land Managed by Council (Our Ref: 13154/2013) on public exhibition for the required period of 28 days.
2 That Council receive a further report at the completion of the exhibition period with a view to endorsing the Policy for Trees and Street Gardens – Maintenance and Removal of Trees and Street Gardens on Public Land managed by Council.
3 That Council investigate the feasibility of a Habitat Heroes Program similar to the ones running in some Victorian Councils.
The amendment was carried and it became the motion and it was:
57/17 Resolved: (Jenvey/Smyth)
1 That Council place the revised Draft Policy - Trees and Street Gardens – Maintenance and Removal of Trees and Street Gardens on Public Land Managed by Council (Our Ref: 13154/2013) on public exhibition for the required period of 28 days.
2 That Council receive a further report at the completion of the exhibition period with a view to endorsing the Policy for Trees and Street Gardens – Maintenance and Removal of Trees and Street Gardens on Public Land managed by Council.
3 That Council investigate the feasibility of a Habitat Heroes Program similar to the ones running in some Victorian Councils. |
ITEM 11.3 SF1031 090217 Review of Guidelines: Trees on Public Land |
That Council endorse the amendments to the Guidelines: Trees on Public Lands and place the amended Guidelines on Council’s website. |
ITEM 11.4 SF818 090217 Bowra Dam - Request for Variation to Licence Conditions for Environmental Release. |
That Council note the response from Department of Primary Industry – Water which does not approve the proposal to amend the Bowra Dam operational licence to allow for the capture of a percentage of runoff during high rainfall events.
Amendment: (Hoban/Smyth)
1 That Council staff discuss the determination by the Department of Primary Industry – Water with Council’s consultants GHD with a view to either requesting a review of the determination or the submission a new proposal to amend License 30SL067140.
2 That consideration of a new proposal to amend License 30SL067140 include for rainfall events of over 50mm, to release a volume of water equivalent to a 50mm event and retain runoff in excess of this.
3 There be a further report to Council on the preferred course of action.
The amendment was carried and it became the motion and it was:
59/17 Resolved: (Hoban/Smyth)
1 That Council staff discuss the determination by the Department of Primary Industry – Water with Council’s consultants GHD with a view to either requesting a review of the determination or the submission a new proposal to amend License 30SL067140.
2 That consideration of a new proposal to amend License 30SL067140 include for rainfall events of over 50mm, to release a volume of water equivalent to a 50mm event and retain runoff in excess of this.
3 There be a further report to Council on the preferred course of action. |
Assistant General Manager Engineering Services Report
For Confidential Business Paper in Closed Meeting
ITEM 12.1 SF1696 090217 Confidential Report - Tender T381617NAM for the Supply and Delivery of Electricity to Small Mass Market Sites
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 SF2094 090217 Proposed Auction of Council Owned Englobo Residential Land - Lot 22 DP 1036142, Treleaven Street, Hyland 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) (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 10.10 pm.
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65/17 RESOLVED: (Ainsworth/Jenvey)
That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 10.30 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
ITEM 12.2 SF2094 090217 Proposed Auction of Council Owned Englobo Residential Land - Lot 22 DP 1036142, Treleaven Street, Hyland Park |
1 That Council endorse the proposed sale by public auction of Lot 22 DP 1036142 with the reserve price to be as noted in the report and with the Mayor, General Manager and Manager Business Development being provided with delegated authority to sell the land on behalf of Council where all are in agreement with the price and any conditions of purchase.
2 In the event that the land is sold that Council be provided with a report on the sale and the proposed application of the proceeds.
3 That Council’s seal be applied to any contract of sale as may be required.
Amendment: (Ainsworth/Reed)
That Council defer the sale of the land and investigate the cost of undertaking the development itself.
The amendment was carried and it became the motion and it was:
67/17 Resolved: (Ainsworth/Reed)
That Council defer the sale of the land and investigate the cost of undertaking the development itself. |
CLOSURE
There being no further business the Mayor then closed the meeting the time being 10.31 pm.
Confirmed and signed by the Mayor on 16 March 2017.
CR RHONDA HOBAN
MAYOR
(CHAIRPERSON)