Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Susan Jenvey

Cr David Jones

Cr Janine Reed






Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)






Cr Anne Smyth

Cr John Wilson





Captain Steve Dorman, Salvation Army, offered a prayer on behalf of the Nambucca Minister's Association.





Councillor Ballangarry declared a pecuniary interest in Item 9.3 Muurrbay Aboriginal Language and Cultural Centre - Request for Assistance in a Temporary Relocation under the Local Government Act as Cr Ballangarry is a Board Member of the Muurrbay Aboriginal Language and Cultural Centre. Cr Ballangarry left the meeting for this item.


Councillor Hoban declared a pecuniary interest in Item 11.7 Investigation relating to purchasing of electric motor vehicles under the Local Government Act as Cr Hoban has a car provided by Council for business purposes which could be impacted by the decision. Cr Hoban left the meeting for this item.


Mr Michael Coulter, General Manager declared a pecuniary interest in Item 11.7 Investigation relating to purchasing of electric motor vehicles under the Local Government Act as Mr Coulter has a car provided as part of his remuneration package which could be impacted by the decision. Mr Coulter left the meeting for this item.



CONFIRMATION OF MINUTES - Ordinary Council Meeting


SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 14 September 2017

475/17 RESOLVED:        (Jenvey/Reed)


That the minutes of the Ordinary Council Meeting of 14 September 2017  be confirmed.







There were no questions with notice.




There were no questions for Closed Meeting where due notice has been received.




General Manager Report

ITEM 9.1      SF959                280917      Outstanding Actions and Reports

476/17 RESOLVED:        (Finlayson/Ballangarry)


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






ITEM 9.2      SF355                280917      Tabling of Returns Disclosing Interests of Councillors and Designated Persons - September 2017

477/17 RESOLVED:        (Reed/Finlayson)


That the returns disclosing interests of Councillors and designated persons, for the period ended 30 June 2017, be tabled.






ITEM 9.3      SF652                280917      Muurrbay Aboriginal Language and Cultural Centre - Request for Assistance in a Temporary Relocation

478/17 RESOLVED:        (Reed/Ainsworth)


1        Council offer to provide support in principle to the temporary accommodation of the Muurrbay Aboriginal Language and Cultural Centre in the Council Administration building or other Council premises whilst their existing premises are renovated.


2        That the Muurrbay Aboriginal Language and Cultural Centre be asked if they are willing to offer to provide free cultural awareness training to Councillors and staff.







ITEM 9.4      SF770                280917      Inquiry into Preference Counting in Local Government Elections in NSW

479/17 RESOLVED:        (Ainsworth/Jones)


That Council make a submission to the Inquiry into Preference Counting in Local Government Elections in NSW that; in support of full democratic right of voters; the Act be changed in favour a full count until all preferential votes have been exhausted.






ITEM 9.5      SF621                280917      Aboriginal Land Claims 18485, 18486, 18487, and 19194 at Nambucca Heads

480/17 RESOLVED:        (Ainsworth/Reed)


That the Aboriginal Land Claim Investigation Unit be advised as follows:


1        That subject to the creation of easements over existing sewer lines in relation to the land contained in claims 18485, 18486 and 18487, Council has no need or likely need to use the land for an essential public purpose.


2        Council has no interest in the granting or refusal of these claims.






ITEM 9.6      SF2290              280917      Results of Exhibition of Gordon Park Flying-fox Camp Plan of Management

481/17 RESOLVED:        (Jenvey/Ballangarry)


1        Council note the submissions made to the Draft Gordon Park Flying-fox Camp Plan of Management;


2        That Council endorse in principle the Gordon Park Camp Flying-fox Plan of Management with amendments recommended in the body of this report;


3        That Council endorse a permit application to the Office of Environment and Heritage under the scope of the plan to obtain approval to undertake actions such a pathway maintenance, vegetation management and other similar activities;


4        That Council allocate funds from the Environmental Levy to undertake actions in the endorsed plan on an annual basis while the camp is present at Gordon Park. Appropriate grant funding is also to be considered as it becomes available.








ITEM 9.7      DA2017/138        280917      DA2017/138 Continued Use of Dwelling House at Lot 1342 DP631671 No.99 Deep Creek Road, Valla

482/17 RESOLVED:        (Hoban/Ainsworth)


That Council determines Development Application DA2017/138 by granting development consent subject to the recommended conditions within in Attachment 1 noting the amendment to Condition 6 - Decommission Other Accommodation Buildings as follows:


6   Evidence must be provided that other existing structures are not capable of being used as a separate domicile or short term accommodation.


As a minimum the evidence must demonstrate that all kitchen, bathroom and bedroom facilities are removed, all plumbing is at a minimum capped off behind the internal wall lining, and all onsite systems of sewerage management not associated with the dwelling house the subject of this consent are removed.

All plumbing works must be in compliance with the Plumbing and Drainage Act 2011, AS3500 Parts 1-4, and associated Council policy.






ITEM 9.8      SF2293              280917      Development Applications greater than 12 months or where submissions received -  to 20 September 2017

483/17 RESOLVED:        (Ainsworth/Ballangarry)

1        That the information contained in the report on Development Applications greater than 12 months or where submissions have been received as at 20 September 2017 be noted by Council.


2        Council approach the Hon Melinda Pavey, Minister for Roads, Maritime and Freight and request that the control of Casey Drive be handed to Council and ask that consideration be given to the impact of upcoming highway bypass and that Casey Drive is an essential emergency flood exit for some North Macksville residents.


3        And further that the Minister be asked to reconsider handing control of the Soccer field adjacent to Casey Drive at no cost and ask the Minister to consider that it is Council’s opinion that the value placed on the land by the Valuer General is unrealistically high based on the land being prone to flooding and has no building entitlement.  It is hoped the Minister will also consider the substantial investment Council has made in the facility over an extended period of time.






ITEM 9.9      SF25                  280917      Request for Donation - North Coast Academy of Sport

484/17 RESOLVED:        (Reed/Ballangarry)


That Council approve a donation of $500.00 from the Donations Budget 2017/2018 to assist the Academy in the delivery of their programs.






ITEM 9.10    SF2397              280917      Regional Sports Infrastructure Fund - Discussions with Funding Body - Office of Sport & Rec

485/17 RESOLVED:        (Reed/Ainsworth)


1       That Council note the feedback received, and information regarding the discussion.


2       That Council staff proceed with submission of an EOI for the Hennessey Tape Sporting Precinct in Bowraville, with input from the newly formed “Working Party” of stakeholders in conjunction with Council and update the Bowraville Connections Concept Plan.


3       That Council engage consultants King & Campbell to conduct an inception workshop for the community and stakeholders of the Macksville Memorial Aquatic Centre prior to considering a fee proposal for the preparation of concept plans for a EOI under the Regional Sports Infrastructure Fund.


4       That Council proceed with an EOI for the Macksville Aquatic Centre, to ensure the project meets the criteria and budget requirements for this funding program; and


5       That Council remove the major drainage works and installation of lighting at E J Biffin Fields, Nambucca Heads from the prioritised list for EOI’s for this funding program.






Assistant General Manager Corporate Services Report

ITEM 10.1    SF1415              280917      Minutes of the Audit Risk and Improvement Committee Meeting - 13 September 2017

486/17 RESOLVED:        (Ainsworth/Finlayson)


That Council note the Unconfirmed Minutes of the Audit Risk and Improvement Committee 13  September 2017.






ITEM 10.2    SF2246              280917      Replacement Phone System

487/17 RESOLVED:        (Jenvey/Ballangarry)


The Council allocate $45,000 from working funds to replace the Council Chambers PABX system.








ITEM 10.3    SF1120              280917      Grant Application Status Report

488/17 RESOLVED:        (Jones/Ainsworth)


That Council receive the list of grant applications to 20 September 2017.






ITEM 10.4    SF2368              280917      Investment Report to 31 August 2017

489/17 RESOLVED:        (Finlayson/Reed)


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






ITEM 10.5    SF251                280917      Schedule of Council Public Meetings 2017

490/17 RESOLVED:        (Finlayson/Reed)


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






ITEM 10.6    SF344                280917      Warrell Creek Hall Committee of Management - Annual General Meeting - 6 September 2017

491/17 RESOLVED:        (Reed/Ainsworth)


That Council endorse the minutes of the Warrell Creek Hall Committee of Management Annual General Meeting held on 6 September 2017 and thank the outgoing Committee for their work in the past twelve months.






ITEM 10.7    SF2245              280917      Year End Financial Working Capital Result - 30 June 2017 Budget Review

492/17 RESOLVED:        (Ainsworth/Finlayson)


That the list of revotes be approved and included as subvotes for 2017/18.





Assistant General Manager Engineering Services Report

ITEM 11.1    SF86                  280917      Appointment of NSW State Emergency Services Local Controller to the Nambucca Local Government Area

493/17 RESOLVED:        (Ainsworth/Reed)


1        That the information be received and noted.


2        That Council supports the appointment of Maurice (Bill) Roffey as NSWSES Local Controller for the Nambucca, Coffs Harbour and Bellingen Local Government areas and the Nambucca Local Emergency Management Committee.


3        That Council formally thank Mr Peter Shales as the Volunteer Local Controller for the Nambucca SES Unit for the period 29 September 2015 to 29 September 2017.






ITEM 11.2    SF1676              280917      2017-18 Capital Works Program Monthly Report

494/17 RESOLVED:        (Finlayson/Reed)


That Council


a)   Receive and note the information pertaining to the progress of the 2017-2018 Capital Works Programme.


b)   Allocate an amount of $50,000.00 from Working Funds to WO 2392 Thompson Street car park to complete the embankment revetment due to the Fisheries Permit conditions of not being able to reuse previously placed rock material being classified as habitat.


c)   Reallocate the amount of $150,000.00 for WO 3053 Ridge Street Amenities for the construction of a new toilet block adjacent to the Nambucca Heads Library to the replacement of the Lions Park Reserve amenities at Valla Beach as the proposed extension design of the Nambucca Heads library incorporates new public toilet amenities as part of the overall project.


d)   Allocate an additional $12,000.00 from the Rural Fire Service (RFS) reserve to WO 1716 RFS station toilet upgrade at North Arm.






ITEM 11.3    SF1575              280917      Development of 2018-2028 Strategic Asset Management Plan (SAMP)

495/17 RESOLVED:        (Finlayson/Ainsworth)


That Council receive and note the timetable for the delivery of Asset Management Plans (AMP), Dashboard summaries of functional areas and the Strategic Asset Management Plan (SAMP).






ITEM 11.4    SF2319              280917      Funding for declared natural disaster event March 2017

496/17 RESOLVED:        (Ainsworth/Finlayson)


1        That Council formally advise the Roads and Maritime Services that it accepts the Natural Disaster funding (RMS Ref P0032216 and 0032253) for the amount of $263,381.00 for restoration to local roads following the March 2017 flood event.


2        That Council allocate an amount of $29,000.00 from Working Funds for the Council contribution in accordance with the conditions of funding for Natural Disaster Arrangements and this be reported through the September financial QBR.


3        That Council note that further funding will be provided by the Roads and Maritime Services for Natural Disaster funding once the design has been completed for the repair of pavement on Gumma Road.


4        That Council allocate an amount of $211,000.00 presently sitting within Working Funds from the finalisation of Riverside Drive grant funds to complete the repair of the unfunded topside slip and add an additional $39,000.00 from working funds to complete the works required .






ITEM 11.5    SF84                  280917      2017-18 Allocation for NSW Rural Fire Fighting Fund

497/17 RESOLVED:        (Reed/Ainsworth)


1        That Council receive the information contained in the NSW Rural Fire Service 2017/2018 budget.


2        That Council seek further clarification from the Chief Financial Officer of the NSW Rural Fire Service on the definition of what constitutes “fee for service” (contracts) an amount of $34,956.00 within the RFS budget.






ITEM 11.6    SF755                280917      Triennial Mowing Quotations 1 October 2017 - 30 September 2020 - Under Delegated Authority

498/17 RESOLVED:        (Ainsworth/Finlayson)


That Council note the services and contractors accepted for the triennial mowing contracts commencing 1 October 2017 and terminating 30 September 2020 as follows:


a    Q004/2017 Scotts Head - Brett Moe Lawns

b    Q005/2017 Taylors Arm - Bourne’s Lawn Mechanics

c    Q006/2017 Fire Trails and Vacant Lots in Various Towns and Rural Areas - Country Road Mowing

d    Q007/2017 Eungai Creek, Eungai Rail and Unkya Reserve - Bourne’s Lawn Mechanics

e    Q008/2017 Maintenance of Cemeteries – Valley Lawn Mowing & Garden Services






ITEM 11.7    SF143                280917      Investigation relating to purchasing of electric motor vehicles

Moved:      (Ainsworth/Finlayson)


1        It is recommended that Council continue with its current fleet arrangements, due to cost, unlikely return on investment, and lack of infrastructure.


2        Council staff continue to monitor the electric vehicle market for opportunities, as technology becomes cheaper and infrastructure for electric vehicles becomes available.


Amendment:       (Jenvey/Jones)


1       That Staff report back to Council as to when the vehicles of the Planning and Engineering staff are due for replacement

2       That Council update it’s fleet replacement program to include for consideration  the purchase of at least Electric Vehicle in the 18/19 Budget.

3       That this be considered an investment through direct participation, in order for our Planning Staff to have a better understanding of what are the best solutions for the future needs of consumers in the Shire when purchasing, driving, and charging electric vehicles.

4       That as part of this process staff investigate the installation of electric charging facilities within Council’s car park.


499/17 PROCEDURAL MOTION:         (Finlayson/Reed)


That Item 11.7 Investigation relating to purchasing of electric motor vehicles be deferred until a review of the Policy on Vehicle Procurement is provided.








There being no further business the Mayor then closed the meeting the time being 8.20pm. 


Confirmed and signed by the Mayor on 12 October 2017


Cr Rhonda Hoban