Minutes of Ordinary Council Meeting

PRESENT

Cr Rhonda Hoban (Mayor)	Cr Brian Finlayson
Cr Martin Ballangarry OAM	Cr David Jones
Cr Susan Jenvey	Cr Anne Smyth
Cr Janine Reed	Cr John Wilson

ALSO PRESENT

Michael Coulter (General Manager)	Scott Norman (AGM Corporate Services)
Paul Gallagher (AGM Engineering Services)	Monika Schuhmacher (Minute Secretary)

APOLOGIES

Cr John Ainsworth, Deputy Mayor

PRAYER

Father Selwin from the Catholic Church offered a prayer on behalf of the Nambucca Minister's Association.

DISCLOSURE OF INTEREST

Councillor M Ballangarry OAM declared a non-pecuniary less significant conflict of interest in Item 9.2 Native Title Application - Gumbaynggirr People #3 under the Local Government Act as Cr Ballangarry is a member of the Gumbaynggirr People.

CONFIRMATION OF MINUTES - Ordinary Council Meeting 9 February 2017

68/17 RESOLVED: (Smyth/Ballangarry)

That the minutes of the Ordinary Council Meeting of 9 February 2017 be confirmed subject to the following corrections:

Cr Wilson advised that on:

i) Page 7 Cr Reed's disclosure of interest should read, "….. Mid North Coast Local Health….."

ii) Page 11 Item 9.9, the Delegations should read, "That Item 9.9 be brought forward as Mrs Searle and her mother, Mrs Coombs are in the gallery and would like to address Council…."

iii) Page 17 Item 11.8 the resolution number 2 should read, "….small non-contestable sites….".

PUBLIC FORUM AND DELEGATIONS

RECOMMENDATION:

That the following PUBLIC FORUMS be heard:

i) Ms Kerry Grace CEO Regional Development Aust Mid North Coast - Regional Development

Australia Mid North Coast – Presentation on the Draft Regional Plan and the Direction in 2017

ii) Mrs Ilse Noble - Renaming of South Arm Bridge

That the following DELEGATIONS be heard:

9.3 Proposed Evelyn Greenup Memorial – James Park

i) Ms Michelle Jarrett—supporting the recommendations

ii) Ms Kerry Grace—supporting the recommendations

9.7 Rural Land Use Conflicts - Horticulture

i) Ms Jane Cooper—local farmer

PUBLIC FORUMS

1 Ms Kerry Grace presented Council with a PowerPoint presentation in regard to the Draft Regional Plan and the Direction in 2017.

2 Mrs Ilse Noble addressed Council reading from speaking notes which are on file Trim SF1208.

69/17 Resolved: (Hoban/Reed)

That Council receive a report and recommendation regarding the request to rename Kelseys Bridge with Mrs Noble to be advised of the meeting date.

DELEGATIONS

Ms Michelle Jarrett addressed Council making the following points:

· Ms Jarrett is Evelyn Greenup's aunty

· Supporting the James Park memorial

· Evelyn loved the outdoors and James Park was a special place for her

· The vision is for the memorial to be a place of remembrance

· It will bring reconciliation and peace to the community

· Hope to get school children involved

· Mosaics, garden for kids, to maintain and beautify, reflect

· Can guarantee that Park and memorial will be respected

· Knew Mr and Mrs James who were well respected in the community

Ms Kerry Grace addressed Council making the following points:

· Speaking as community member, land owner and 5^th generation Bowraville resident

· Has done much work in Bowraville as a consultant

· Can see where programs are required in Bowraville

· Park will be a beautiful gateway for visitors

· Will be for whole community

· Community will be proud of the memorial

ITEM 9.3 PRF33 230217 Proposed Evelyn Greenup Memorial - James Park

Motion: (Ballangarry/Reed)

1 That Council request the Department of Education (Aboriginal Affairs) to provide the required additional $15,000 in funding for the proposed Evelyn Greenup memorial.

2 Following the finalisation of the funding for the project, that Council seek feedback from adjoining and adjacent property owners in relation to the proposed concept plan.

3 That the matter be further reported to Council once the required additional funding has been secured and following consultation with adjoining property owners but before any further work is undertaken.

4 That Council advise the Department of Education (Aboriginal Affairs) that Council will provide ongoing maintenance of the memorial and James Park to ensure that it remains a respectful place for reflection and reconciliation.

5 That if the Department of Education (Aboriginal Affairs) does not provide the funding this be reported to Council for further consideration.

Amendment: (Jenvey/Smyth)

That in a sign of good faith Council puts forward another $5,000 to be taken from Council’s current liquid equity and leave $10,000 from the Department of Education (Aboriginal Affairs).

The vote on the amendment was tied with four for and four against. The elected not to use a casting vote which meant the amendment was lost.

70/17 RESOLVED: (Ballangarry/Reed)

1 That Council request the Department of Education (Aboriginal Affairs) to provide the required additional $15,000 in funding for the proposed Evelyn Greenup memorial.

2 Following the finalisation of the funding for the project, that Council seek feedback from adjoining and adjacent property owners in relation to the proposed concept plan.

5 That if the Department of Education (Aboriginal Affairs) does not provide the funding this be reported to Council for further consideration.

DELEGATIONS continued

Ms Jane Cooper addressed Council making the following points:

· Could Council take into account what has been witnessed by blueberry grower such as concerns regarding irrigation licence

· Access to pump and site is on Ms Cooper’s property

· The Department of Primary Industry (DPI)-Water informed them of the conditions of the licence

· Blueberry growers were advised by DPI-Water to put in a dam, creek water could be used in dry time

· Dam was put in, letting water drain into the dam from the reservoir

· Water levels in Deep Creek have dropped and water at Sullivans Creek is only a trickle and water has turned brown

· The blueberry growers have used their paddocks with no respect for the land and livestock

· What are other farmers to do when no water is left for their livestock

· The blueberry farmers show no respect for others

· Local farmers rely on Deep Creek is water source for their cattle

· Have asked DPI-Water to investigate non-compliance by the blueberry growers

· Council to request these people to have respect for the other farmers in the area

· The blueberry growers are in breach of their licence

ITEM 9.7 SF1541 230217 Rural Land Use Conflicts - Horticulture

Motion: (Finlayson/Smyth)

1 Pursuant to the section 55 of the Environmental Planning and Assessment Act 1979, Council staff prepare a planning proposal to support an amendment to the Nambucca Local Environmental Plan 2010 which removes ‘horticulture’ from ‘permitted without consent’ in the land use table for the R5 Large Lot Residential zone and relocate it to ‘permitted with consent’.

2 That Council staff forward the planning proposal to the Minister for gateway determination in accordance with section 56 of the Environmental Planning and Assessment Act 1979.

3 Following the community consultation period, the planning proposal must be reported back to Council for consideration of any submissions received and to determine if Council is to proceed with the proposal.

Amendment: (Jenvey/Smyth)

That this matter be deferred for further consultation with horticulturalists and the Department of Planning and Environment in relation to intensive horticulture.

The amendment was carried and it became the motion and it was:

71/17 Resolved: (Jenvey/Smyth)

That this matter be deferred for further consultation with horticulturalists and the Department of Planning and Environment in relation to intensive horticulture.

For the motion: Councillors Wilson, Ballangarry, Jenvey, Smyth, Finlayson, Reed and Jones (Total 7)

Against the motion: Councillor Hoban (Total 1)

72/17 Resolved: (Reed/Smyth)

That Item 9.14 be brought forward.

ITEM 9.14 PRF69 230217 Future of Welsh Pioneer Park, Welshs Creek Road, Talarm

73/17 RESOLVED: (Smyth/Jenvey)

1 That Council advise the Talarm Hall Committee of Management and advertise its intention in the local media to revert the Welsh Pioneer Park at Talarm to a natural reserve unless a volunteer committee of management to undertake the maintenance of the reserve is forthcoming.

2 That there be a further report to Council following a 1 month notification period during which time proposals for volunteer management can be put forward.

74/17 Resolved: (Jenvey/Reed)

That Item 9.10 be brought forward as Council staff were in the gallery to answer questions.

ITEM 9.10 SF854 230217 Report on Library Services, Library Committee and Strategic Plan

75/17 RESOLVED: (Jenvey/Smyth)

1 That Council note the report from the State Library of NSW.

2 That Council note the limitations of the current sites.

3 That Council establish a Library Service Strategic Plan Committee comprised of three Councillors with a view to preparing a Library Strategic Plan, which will incorporate a review of the Library staffing structure.

4 That Council endorse the draft Library Service Strategic Plan Committee’s Terms of Reference.

5 That Council allocate $20,000 from its Working Funds for a consultant to undertake the development of a Library Strategic Plan.

6. That Councillors Smyth, Jones and Jenvey be the nominated Councillors to participate on the Committee.

76/17 Resolved: (Reed/Jenvey)

That Item 9.11 be brought forward as Council staff were in the gallery to answer questions.

ITEM 9.11 SF1398 230217 Community Builders Funding Future - Department of Family and Community Service Targeted Earlier Intervention Reform

Motion: (Jenvey/Wilson)

That Council note the information regarding the Department of Family and Community Service funding reform including the possibility that Community Builders funding agreements conclude 30 June 2017 and beyond that is not known at this stage.

Amendment: (Jenvey/Ballangarry)

1 That Council note the information regarding the Department of Family and Community Service funding reform including the possibility that Community Builders funding agreements conclude 30 June 2017 and beyond that is not known at this stage.

2 That Council align itself with the Department of Family and Community Services directives for working with the most disadvantaged in targeted groups.

The amendment was LOST.

The motion was put and it was:

77/17 Resolved: (Jenvey/Wilson)

That Council note the information regarding the Department of Family and Community Service funding reform including the possibility that Community Builders Funding Agreements conclude 30 June 2017 and beyond that is not known at this stage.

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

ITEM 9.1 SF959 230217 Outstanding Actions and Reports

78/17 RESOLVED: (Finlayson/Reed)

That the list of outstanding actions and reports be noted and received for information by Council.

ITEM 9.2 SF621 230217 Native Title Application - Gumbaynggirr People #3

79/17 RESOLVED: (Finlayson/Reed)

That Council advise the National Native Title Tribunal that it does not wish to be a party to the Native Title Determination Application NSD1350/2016, NC2016/003 and known as Gumbaynggirr People #3.

Item 9.3 was dealt with under Delegations.

ITEM 9.4 SF842 230217 Establishment of a Business Advisory Committee

80/17 RESOLVED: (Reed/Jenvey)

1 That Council establish an Advisory Committee to assist businesses within the Nambucca to prepare for the Highway by pass and to identify future opportunities.

2 The Committee be comprised of members from the broader business community and two Councillors, one of whom is to act as Chair.

3 That Council advertise for expressions of interest from the broader business community, including but not limited to: members of the public, tourism, Chambers of Commerce, agriculture, horticulture, event organisers and facilities, industrial and manufacturing, retail and service provision, clubs, sporting and lifestyle facilities.

4 That Draft Terms of Reference be prepared including purpose, activities, membership, frequency of meetings and term.

ITEM 9.5 PRF14 230217 Future of Brook Park, Nambucca Heads

81/17 RESOLVED: (Jones/Jenvey)

That Council install additional signage at Brook Park, Nambucca Heads prohibiting its use outside daylight hours and also prohibiting the lighting of fires.

ITEM 9.6 SF2305 230217 Public Forums

82/17 RESOLVED: (Smyth/Reed)

That Council adopt the proposed changes to the public forum arrangements as shown on the second page of this report.

Item 9.7 was dealt with under Delegations.

ITEM 9.8 SF688 230217 Environmental Levy - December Quarterly Report

83/17 RESOLVED: (Jones/Ballangarry)

That Council note the progress of Environmental Levy Projects.

ITEM 9.9 SF2293 230217 Development Applications greater than 12 months or where submissions received - 2 February 2017 to 15 February 2017

84/17 RESOLVED: (Reed/Wilson)

That the information be noted by Council.

Item 9.10 was dealt with earlier.

Item 9.11 was dealt with earlier.

ITEM 9.12 SF2293 230217 2017 January - Development and Complying Development Applications Received

85/17 RESOLVED: (Smyth/Jenvey)

That the Development Applications and Complying Development Applications received in January 2017 be received for information.

ITEM 9.13 SF2293 230217 2017 January - Approved Construction and Complying Development Certificates

86/17 RESOLVED: (Wilson/Ballangarry)

That the Construction and Complying Development Certificates approved for January 2017 be noted and received for information by Council.

Item 9.14 was dealt with earlier.

ITEM 9.15 SF2243 230217 December 2016 Budget Review

87/17 RESOLVED: (Finlayson/Reed)

1 That the budget review for the quarter ended 31 December, 2016 be received.

2 That the recommended increases and decreases in votes be included as subsequent votes for the financial year 2016/2017.

3 That Council purchase the LG Solutions Year End Template ‘GL Auto Update’ package at a cost of $12,000.

Assistant General Manager Corporate Services Report

ITEM 10.1 SF2230 230217 Investment Report to 31 January 2017

88/17 RESOLVED: (Reed/Ballangarry)

That the Accountants’ Report on Investments placed to 31 January 2017 be noted.

ITEM 10.2 SF251 230217 Schedule of Council Public Meetings 2017

89/17 RESOLVED: (Reed/Wilson)

That the schedule of dates for public Council meetings in 2017 be noted and received for information by Council.

ITEM 10.3 SF342 230217 Valla Beach Tennis Club Inc Committee of Management - Minutes of AGM 6 February 2017

90/17 RESOLVED: (Jenvey/Ballangarry)

That Council endorse the Valla Beach Tennis Courts Committee of Management’s minutes of the Annual General Meeting held on 6 February 2017 and thank the outgoing Committee for their work in the past twelve months.

ITEM 10.4 SF1897 230217 Scotts Head Events Committee of Management AGM - 24 October 2016 - Minutes and Financial Statement

91/17 RESOLVED: (Reed/Wilson)

That Council endorse minutes for the Scotts Head Events Committee of Management’s Annual General Meeting held on 24 October 2016.

Assistant General Manager Corporate Services Report – LATE

ITEM 10.5 SF25 230217 Gordon Park Tennis Centre Committee of Management - Request for Reimbursement of Construction Certificate

92/17 RESOLVED: (Smyth/Reed)

That Council reimburse the Construction Certificate Application fee of $1769.21 from the 2017/2018 Donations Budget.

Assistant General Manager Engineering Services Report

ITEM 11.1 SF1676 230217 Capital Works Report - December 2016

93/17 RESOLVED: (Finlayson/Ballangarry)

1 That the Capital Works Report for the second quarter of the 2016/17 financial year ending 31 December 2016 and expenditure YTD week ending 30 January 2017 be received and noted.

2 That Council allocate an amount of $50,000 from sewer reserves in the 2016/17 financial year for the purchase of a pipe inspection camera.

3 That Council endorse the variations to the budget allocations as outlined within the water and sewerage section.

4 That Council reduce the allocation on WO 2743 Graces Road gravel re-sheet program by $48,000.00 and include an additional capital works for WO 2840 Taylors Arm Road for $48,000.00.

5 That Council place the allocation of $271,000.00 for Browns Bridge into a bridge reserve for funding towards the 2017/18 bridge replacement program.

6 That Council reallocate the amount of $10,500.00 on WO 2747 Ridge Street Nambucca Heads to the next urban street identified for a reseal.

7 That Council reallocate the funding of $30,000 from the 2016/17 budget for the planned purchase of a Parks and Gardens trailer which is no longer required, to go towards the purchase of two (2) tractors and two (2) out front mowers for the Green Space Team.

ITEM 11.2 SF90 230217 Nambucca Shire Traffic Committee Meeting Minutes - 7 February 2017

94/17 RESOLVED: (Smyth/Wilson)

1 That the Nambucca Local Traffic Committee recommends that Council install signs reinforcing the NO STOPPING restrictions at the intersection of Vernon, Ocean and Matthew Streets, Scotts Head and extend the NO STOPPING ZONE further into Matthew Street.

2 The Nambucca Local Traffic Committee recommends that Council install four (4) x 15 minute parking spaces outside the front of Tinks & Stihl Shop (southern side of River Street east).

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

95/17 RESOLVED: (Wilson/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:

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1 ICF48 230217 Legal Matter - Statement of Claim

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) (g) of the Local Government Act, 1993, on the grounds that 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 8.31 pm.

RESUME IN OPEN MEETING

96/17 RESOLVED: (Ballangarry/Reed)

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 8.38 pm.

FROM COUNCIL IN CLOSED MEETING

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1 ICF48 230217 Legal Matter - Statement of Claim

97/17 RESOLVED: (Finlayson/Reed)

That the information concerning the legal matter be received.

CLOSURE

There being no further business the Mayor then closed the meeting the time being 8.38 pm.

Confirmed and signed by the Mayor on 16 March 2017.

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)