Minutes of Ordinary Council Meeting

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

ALSO PRESENT

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

APOLOGIES

Cr John Wilson

DISCLOSURE OF INTEREST

Councillor Smyth declared a non-pecuniary less significant conflict of interest in Item 5.3 – Notice of Motion – Reinstatement of Macksville as an "RV Friendly Town" under the Local Government Act as Cr Smyth is a member of CMCA who sponsor the "RV Friendly Town" Program.

Councillor Jenvey declared a non-pecuniary significant conflict of interest in Item 9.4 Environmental Management Audit of Valla Quarry under the Local Government Act as Cr Jenvey has private interests that would influence performance of official duties. Cr Jenvey left the meeting for this item.

Councillor R Hoban declared a non-pecuniary significant conflict of interest in Item 9.4 Environmental Management Audit of Valla Quarry under the Local Government Act as Cr Hoban, prior to becoming a Councillor, was involved in negotiating Conditions of Consent for Valla Quarry. Cr Hoban left the meeting for this item.

Councillor Smyth declared a non-pecuniary less significant conflict of interest in Item 9.6 – Gordon Park Rainforest Committee of Management Concern about Damage Caused by Flying Fox and Request for an On-Site Meeting under the Local Government Act as Cr Smyth is a member of the Gordon Park Rainforest Committee of Management.

Councillor J Reed declared a Pecuniary and a Non-Pecuniary significant conflict of interest in Item 9.9 Macksville Revitalisation and Results of Exhibition under the Local Government Act as Cr Reed is a part owner of property mentioned in the report and that Libby Ussher, mentioned in the recommendation is Cr Reed's sister.. Cr Reed left the meeting for this item.

Councillor JA Ainsworth declared a non-pecuniary significant conflict of interest in Item 9 Macksville Revitalisation and Results of Exhibition under the Local Government Act as Cr Ainsworth states that a family member has objected to some components of the exhibited plan. Cr Ainsworth left the meeting for this item.

Councillor J Reed declared a non-pecuniary interest in Item 10.2 Utungun Community Centre Committee of Management - Minutes of AGM - 17 January 2017 under the Local Government Act as Cr Reed is a member of the Utungun Community Centre.

Councillor J Reed declared a non-pecuniary interest in Item 10.5 Donations Program (Section 356) 2017/2018 - Applications for Approval under the Local Government Act as Cr Reed is a member of the Utungun Community Centre.

Councillor Jones declared a non-pecuniary interest in Item 10.5 Donations Program (Section 356) 2017/2018 - Applications for Approval under the Local Government Act as Cr Jones is the Public Officer of Nambucca Strikers Soccer Club – who received rubbish removal as part of "donations programs".

CONFIRMATION OF MINUTES - Ordinary Council Meeting 30 March and the special meeting on 3 April 2017

172/17 RESOLVED: (Smyth/Reed)

1 That the minutes of the Ordinary Council Meeting of 30 March 2017 be confirmed subject to the following amendments:

Cr Hoban Item 9.10 Resolution 1 should read: "….as outlined in the body of this report."

Cr Hoban Item 10.7 Resolution should read: "That Council adopt resolution."

173/17 Resolved: (Smyth/Ballangarry)

2 That the minutes of the Special Council Meeting of 3 April 2017 be confirmed.

NOTICE OF MOTION - CR Hoban

ITEM 5.1 SF2303 130417 Notice of Motion - NBN Rollout Options (SF1673)

174/17 RESOLVED: (Hoban/Reed)

That Council receive a report discussing the costs and benefits of an application to NBN Co to change the proposed fibre to the node rollout to either fibre to the kerb or full fibre to premises.

NOTICE OF MOTION - CR Hoban

ITEM 5.2 SF2303 130417 Notice of Motion - Charges to Operate Onsite Sewage Management System (SF1232)

175/17 RESOLVED: (Hoban/Ainsworth)

That Council receive a report addressing the matters raised by Mr Brookes in his correspondence regarding charges to operate on-site sewerage management systems (OSSMS) including any recommendations in relation to his suggestions for Council consideration.

NOTICE OF MOTION - CR Smyth

ITEM 5.3 SF2303 130417 Notice of Motion - Reinstatement of Macksville as an "RV Friendly Town" (SF1573)

176/17 RESOLVED: (Smyth/Jenvey)

That Council erect signage at Lions Park, Ferry Street, Macksville, indicating that overnight parking is allowed for recreational vehicles.

Vote: Cr Finlayson requested his vote be recorded against this motion as he believes that it poses unfavourable competition with caravan parks.

PUBLIC FORUMS

RECOMMENDATION

That the following delegations be heard:

i) Mr Terry Baldwin - Lower Buccrabendinni Road

ii) Ms Jenny Argent - Lower Buccrabendinni Road

Mr Baldwin addressed Council and his speaking notes are on file SF2305.

Ms Robyn McDonald on behalf of Ms Jenny Argent addressed Council; Ms Argent’s speaking notes are on file SF2305.

177/17 Resolved: (Reed/Ainsworth)

That Council writes to the Minister for Roads, The Hon Melinda Pavey MP, seeking timing of the funding program for the Fixing Country Roads Grant Program.

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 130417 Outstanding Actions and Reports

178/17 RESOLVED: (Ainsworth/Finlayson)

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

ITEM 9.2 SF42 130417 Local Government Performance Audit

179/17 RESOLVED: (Reed/Ainsworth)

That Council note the topics for local government performance audits by the Auditor-General of NSW.

ITEM 9.3 LF6505 130417 Access to the Donnelly and Bonett Property - Rosella Drive (formerly Old Coast Road)

180/17 RESOLVED: (Finlayson/Ainsworth)

That Council again request the RMS to construct the road connection to the Florence Willmont Drive on the basis that the RMS has created the situation and that the Minister's assistance be sought.

Cr Hoban and Cr Jenvey left the meeting for Item 9.4 at 6.37 pm and returned after the conclusion of Item 9.4 at 6.38 pm.

The Deputy Mayor Cr Ainsworth took the Chair for the duration of Item 9.4.

The Mayor resumed the Chair at 6.37 pm.

ITEM 9.4 DA2001/096 130417 Environmental Management Audit of Valla Quarry

181/17 RESOLVED: (Finlayson/Reed)

1 That the information concerning the implementation of the recommendations of the annual environmental audit prepared by Groundwork Plus and dated November 2016 be received.

2 That Council note the assessment by Groundwork Plus that the total volume of in-situ material which has been extracted pursuant to the consent is 412,560.71m³.

ITEM 9.5 SF842 130417 Establishment of a Business Advisory Committee

182/17 RESOLVED: (Reed/Ainsworth)

1 Council accept all expressions of interest for participation on the proposed Business Advisory Committee.

2 All Councillors be invited to participate on the Committee with the Mayor to be its Chair.

3 Ms Kerry Grace act as a facilitator for at least the initial meetings of the Committee.

4 The first meeting of the Business Advisory Committee review the suggested terms of reference for confirmation by Council.

ITEM 9.6 PRF28 130417 Gordon Park Rainforest Committee of Management - Concern about Damage Caused by Flying Fox and Request for an On-Site Meeting

183/17 RESOLVED: (Finlayson/Jenvey)

That the information concerning the site inspection of the Gordon Park rainforest be received.

ITEM 9.7 SF2336 130417 Proposed Vodafone Communications Tower - 20 Gumma Road, Macksville (adjoining Council's Dog Pound)

184/17 RESOLVED: (Finlayson/Ballangarry)

1 Council endorse in principle a proposed lease with Vodafone of a compound 8.4m x 12m for the purposes of erecting a 43m communications tower.

2 Council’s solicitor review the proposed lease including the matters for consideration listed in the report being the proposed indexation arrangements; the cost of preparing a subdivision for lease purposes; and an option for Council to co-locate a microwave transmitter/receiver on the tower.

3 That the placement of the tower be adjusted as necessary so as to facilitate a microwave (line of sight) link between Council’s Works Depot and the Macksville Sewage Treatment Plant.

4 That the Mayor and General Manager be provided with delegated authority to enter into a lease with Vodafone for a proposed communications tower at 20 Gumma Road, Macksville.

5 That Council’s seal be attached to legal documents as required.

ITEM 9.8 DA2014/164 130417 Modification to DA2014/164

185/17 RESOLVED: (Ainsworth/Finlayson)

1 That Council as the consent authority, pursuant to Section 96 of the Environmental Planning and Assessment Act 1979, modify development consent DA2014/164 subject to conditions of consent contained within attachment 1 of this report.

2 That Council amend the resolution made on 16 January 2014 relating to the precast facility approved under development consent DA2012/069 by permitting a maximum production of 200,000 TPA until 31 December 2019.

3 That Council staff commence the process of reducing the speed limit on the existing Pacific Highway within proximity of its intersection with Upper Warrell Creek Road once it is transferred to Council as a local road.

For the motion: Councillors Hoban, Jones, Reed, Ainsworth, Finlayson, Jenvey, Ballangarry

(Total 7)

Against the motion: Cr Smyth (Total 1)

Cr Ainsworth and Cr Reed left the meeting for Item 9.9 at 7.15 pm and returned after the conclusion of Item 9.9 at 7.25 pm.

ITEM 9.9 SF1855 130417 Macksville Revitalisation and Results of Exhibition

Motion: (Finlayson/Jenvey)

1 That Council endorse the draft revitalisation plan for implementation in principle and subject to design modifications to accommodate works. Council will be consulted on the implementation of plan as required.

2 That staff engage with Mrs Libby Ussher and a representative from local volunteer gardeners Joan’s Army in respect to the selection of ornamental tree species for focal points in the town centre.

3 That staff engage with the Macksville RSL and other business owners in Winifred Street in respect to the street trees.

4 Council’s Business Development Committee to Council be provided with an opportunity to consider strategies to develop ideas for public art in the Macksville CBD for example Wallace Lane.

Amendment: (Jones/Jenvey)

2 That staff engage with Mrs Libby Ussher and a representative from local volunteer gardeners Joan’s Army in respect to the selection of ornamental tree species for focal points in the town centre; from the Street Tree Planting Guidelines previously adopted by Council.

3 That staff engage with the Macksville RSL and other business owners in Winifred Street in respect to the street trees.

4 Council’s Business Development Committee to Council be provided with an opportunity to consider strategies to develop ideas for public art in the Macksville CBD for example Wallace Lane.

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

186/17 Resolved: (Jones/Jenvey)

3 That staff engage with the Macksville RSL and other business owners in Winifred Street in respect to the street trees.

4 Council’s Business Development Committee to Council be provided with an opportunity to consider strategies to develop ideas for public art in the Macksville CBD for example Wallace Lane.

ITEM 9.10 SF1398 130417 Community Builders Funding Future - Department of Family and Community Service Targeted Earlier Intervention Reform

187/17 RESOLVED: (Finlayson/Reed)

That Council note the information regarding the Department of Family and Community Service funding reform and that the Community Builders funding agreements will now conclude 30 June 2020.

ITEM 9.11 SF296 130417 Local Government NSW Tourism Conference 2017

188/17 RESOLVED: (Reed/Smyth)

That the report from the 2017 Local Government NSW Tourism Conference be noted.

ITEM 9.12 SF2292 130417 Minutes of the Nambucca Shire Council Access Committee meeting held 28 March 2017

189/17 RESOLVED: (Smyth/Ballangarry)

1 That the success of the Seniors Week luncheon be noted and that the Council staff be thanked for making it such a good day.

2 That the information regarding the Chair Scale be circulated by Council to disability and other services which might benefit from access to the equipment and that the Manager Memorial Aquatic and Fitness Centre liaise with the local media about publicity.

3 That the information from Council’s Engineering Services and Safety and Risk Officer regarding changes to signage at beaches be referred back to the Access Committee for its information.

4 That Mark Bettini be endorsed as a Committee member.

5 That Council endorse the minutes of the Nambucca Shire Council Access Committee meeting held 28 March 2017.

ITEM 9.13 SF97 130417 Review of Alcohol Free Zone in Bowraville CBD

190/17 RESOLVED: (Ainsworth/Finlayson)

That Council establishes an Alcohol Free Zone under Section 644 of the Local Government Act in the business precinct of Bowraville; described as High Street from its intersection with Young Street to its intersection with Bowra Street; Cook Street for the section between Young Street and the T intersection with Belmore/Conen Streets; and Belmore Street to its intersections with Adam Lane and Cook Street.

ITEM 9.14 SF2293 130417 2017 March - Development and Complying Development Applications Received

191/17 RESOLVED: (Finlayson/Ainsworth)

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

ITEM 9.15 SF2293 130417 2017 March - Approved Construction and Complying Development Certificates

192/17 RESOLVED: (Ainsworth/Finlayson)

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

ITEM 9.16 SF2293 130417 Development Applications greater than 12 months or where submissions received - to 6 April 2017

193/17 RESOLVED: (Finlayson/Ainsworth)

That the information be noted by Council.

ITEM 9.17 SF1148 130417 Council Ranger's Report March 2017

194/17 RESOLVED: (Reed/Finlayson)

That Council’s Ranger’s report for March 2017 be received and noted by Council.

General Manager Report – LATE

ITEM 9.18 SF842 130417 Additional Expressions of Interest for the Business Advisory Committee

195/17 RESOLVED: (Ainsworth/Finlayson)

1 That Council accept the additional expressions of interest for participation on the proposed Business Advisory Committee.

2 That Mr Ian Moule be added to the list of expressions of interest for participation on the proposed Business Advisory Committee.

3 That Council now considers the nomination process is closed.

Assistant General Manager Corporate Services Report

ITEM 10.1 SF2230 130417 Investment Report to 31 March 2017

196/17 RESOLVED: (Finlayson/Ainsworth)

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

ITEM 10.2 SF340 130417 Utungun Community Centre Committee of Management - Minutes of AGM - 17 January 2017

197/17 RESOLVED: (Ainsworth/Jenvey)

That Council endorse the Minutes of the Utungun Community Centre’s Committee of Management for the Annual General Meeting held on 17 January 2017 and thank the outgoing Committee for their work in the past twelve months.

ITEM 10.3 SF314 130417 Grants Hall Committee of Management - Minutes of Annual General Meeting - 8 March 2017

198/17 RESOLVED: (Finlayson/Ainsworth)

That Council endorse the minutes of the Committee of Management for Grants Hall’s Annual General Meeting held on 8 March 2017 and thank the outgoing Committee for their work in the past twelve months.

ITEM 10.4 SF251 130417 Schedule of Council Public Meetings 2017

199/17 RESOLVED: (Ainsworth/Reed)

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

ITEM 10.5 SF25 130417 Donations Program (Section 356) 2017/2018 - Applications for Approval

200/17 resolved: (Ainsworth/Finlayson)

That Council:

1 Approves 4 of the 5 applications for monetary donation requests, for the proposed amounts noted below, and notes the previously approved donation to the Gordon Park Tennis Centre Committee of Management.

Organisation	Proposed Donation
Nambucca Community and Arts Centre CoM	$1,000.00
Nambucca Valley Craft & Art Inc.	$1,000.00
Utungun Community Hall Committee of Management	$484.00
Parkinsons NSW Inc (Nambucca Support Group)	$500.00
Gordon Park Tennis Centre CoM – approved by Council on 23/02/2017	$1769.21
TOTAL	$4,753.21

3 Undertake a review of the Donations Policy. The report for the review of the Donations Policy is to be included in Council’s meeting on 27 April 2017.

4 Approves applications for a waste waiver from the charitable organisations of Nambucca Valley Christian Life Centre – Care n Wear, Macksville/Bowraville Uniting Church Op Shop – Bowraville, Anglican Op Shop, Nambucca Heads, Nambucca Valley Phoenix, Anglican Parish Opportunity Shop in Macksville and Nambucca Valley Community Church. Also approve an application from The Salvation Army Family Store (received 15/03/2017).

5 Approves applications for a waste waiver, and provision of services, for one-off events/regular events being: bi-monthly markets and Carols at Valla Reserve (Valla Beach Community Association); Christmas Carols at Macksville Park (Salvation Army); Lions Annual Fair at Valla Hall (Lions Club of Valla); and 2018 Challenge Cup at Coronation Park, Nambucca Heads (Nambucca Strikers Football Club).

Amendment: (Smyth/Jenvey)

That Council:

1 Approves 4 of the 5 applications for monetary donation requests, for the proposed amounts noted below, and notes the previously approved donation to the Gordon Park Tennis Centre CoM;

Organisation	Proposed Donation
Nambucca Community and Arts Centre CoM	$2,000.00
Nambucca Valley Craft & Art Inc.	$1,000.00
Utungun Community Hall Committee of Management	$484.00
Parkinsons NSW Inc (Nambucca Support Group)	$500.00
Gordon Park Tennis Centre CoM – approved by Council on 23/02/2017	$1769.21
TOTAL	$5,753.21

3 Undertake a review of the Donations Policy. The report for the review of the Donations Policy is to be included in Council’s meeting on 27 April 2017.

The amendment was LOST.

Assistant General Manager Engineering Services Report

ITEM 11.1 T010/2016 130417 Tender T010/2016 - Construction of a Roof Structure over Nambucca Waste Management Facility Transfer Station

201/17 RESOLVED: (Ainsworth/Finlayson)

1 That Council award Tender T010/2016 for the Construction of a Roof Structure over Nambucca Waste Management Facility Transfer Station to Beyond Expectations Pty Ltd.

2 That Council update the Contract Register (TRIM: 31325/2016).

For the motion: Councillors Hoban, Jones, Reed, Ainsworth, Finlayson, Smyth, Jenvey, Ballangarry (Total 8)

Against the motion: Nil

ITEM 11.2 SF90 130417 Nambucca Shire Traffic Committee Meeting Minutes - 4 April 2017

202/17 RESOLVED: (Ainsworth/Finlayson)

1 That Council:

a) approve the road closures for ANZAC DAY Marches in 2017 for Macksville, and the period 2017- 2019 for Nambucca Heads and Bowraville, noting the following 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.

b) endorse the road closures for the ANZAC DAY marches to be held on ANZAC DAY 25 April 2017 – 2019 as follows:

 Macksville - Dawn Service - Princess and River Streets between Mackay Street and Wallace Lane from 0515 to 0545 hours; then Princess and Wallace Street, Wallace Lane and River Street between Station and Mackay Streets from 1015 to 1230 hours;

 Bowraville - High Street between Bowra and Young Streets – from 0900 to 1115 hours;

 Nambucca Heads - Bowra and Nelson Streets between Rosedale Street and Riverside Drive from 0830 to 0930 hours.

c) advertise the road closures seven (7) days prior to Anzac Day March.

d) note that each RSL branch must reapply if there are any changes to the approved application i.e. times or march route, comply with the approved Traffic Management Plan and/or NSW Police instruction and hold a current Certificate of Currency for Public Liability Insurance.

2 That in accordance with the Nambucca Local Traffic Committee recommendations that Council retain the existing posted speed limits for the following roads:

 Gumma Road

 Taylors Arm Road/Maras Creek Road Utungun

 North Bank Road - Yarranbella

3 That in accordance with the Nambucca Local Traffic Committee recommendations that Council support the installation of 2 hour Parking restrictions in Short Street Nambucca Heads fronting:

a) 8 Short Street Nambucca Heads for a distance of approximately 12m, equal to 2 parking bays;

b) 6 Short Street Nambucca Heads for a distance of approximately 7m, equal to 1 parking bay; and

c) A “No Parking Zone” fronting 6 Short Street Nambucca Heads for a distance of approximately 6m, equal to 1 parking bay.

The meeting adjourned was adjourned at 8.20 pm.

The meeting resumed at 9.00 pm.

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

Resolved: (Ainsworth/Jones)

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:

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1 T010/2016 130417 Confidential - Tender T010/2016 - Construction of a Roof Structure over Nambucca Waste Management Facility Transfer Station

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 SF839 130417 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 12.3 SF839 130417 General Manager's Performance Review - Self Assessment

CLOSED MEETING

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 9.00 pm.

RESUME IN OPEN MEETING

x: (Ainsworth/Reed)

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 10.25 pm.

FROM COUNCIL IN CLOSED MEETING

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1 T010/2016 130417 Confidential - Tender T010/2016 - Construction of a Roof Structure over Nambucca Waste Management Facility Transfer Station

203/17 RESOLVED: (Ainsworth/Jones)

That Council note the information contained in the tender evaluation for Tender T010/2016 for the Construction of a Roof Structure over Nambucca Waste Management Facility Transfer Station.

For Confidential Business Paper in Closed Meeting

ITEM 12.2 SF839 130417 General Manager's Performance Review

204/17 RESOLVED: (Ainsworth/Jones)

That the General Manager note the Council’s comments on his performance.

For Confidential Business Paper in Closed Meeting

ITEM 12.3 SF839 130417 General Manager's Performance Review - Self Assessment

205/17 ReSOLVED: (Ainsworth/Jones)

That Council note the General Manager’s self-assessment and provide feedback as required.

CLOSURE

There being no further business the Mayor then closed the meeting the time being 10.35 pm.

Confirmed and signed by the Mayor on 27 April 2017.

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)