PRESENT

Cr Rhonda Hoban (Mayor)	Cr John Ainsworth
Cr Martin Ballangarry OAM (Deputy Mayor) – apology for being late – arrived 5.50 pm during Item 6.1	Cr Brian Finlayson
Cr Susan Jenvey	Cr David Jones
Cr Janine Reed	Cr Anne Smyth
Cr John Wilson

ALSO PRESENT

Michael Coulter (General Manager)	Clint Fitzsummons (Acting AGM Engineering Services)
Lorraine Hemsworth (Minute Secretary)

APOLOGIES

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

PRAYER

Pastor Peter Lott of the Christian Life Centre offered a prayer on behalf of the Nambucca Minister's Association.

DISCLOSURE OF INTEREST

Mayor, Councillor Rhonda Hoban declared a non-pecuniary - less significant conflict of interest in Item 6.1 Notice of Rescission - Item 9.3 Quorum for Planning Proposed to Regulate Horticulture under the Local Government Act as Cr Hoban lives on a property where horticulture is a potential landuse.

Councillor John Ainsworth declared a non-pecuniary - less significant conflict of interest in Item 6.1 Notice of Rescission - Item 9.3 Quorum for Planning Proposed to Regulate Horticulture under the Local Government Act as Cr Ainsworth owns rural land.

Councillor Janine Reed declared a non-pecuniary - less significant conflict of interest in Item 6.1 Notice of Rescission - Item 9.3 Quorum for Planning Proposed to Regulate Horticulture under the Local Government Act as Cr Reed is a part owner with her husband of a small property in a rural zone.

Councillor Brian Finlayson declared a non-pecuniary - less significant conflict of interest in Item 6.1 Notice of Rescission - Item 9.3 Quorum for Planning Proposed to Regulate Horticulture under the Local Government Act as Cr Finlayson owns rural property in the Shire. 

Councillor Susan Jenvey declared a non-pecuniary - less significant conflict of interest in Item 6.1 Notice of Rescission - Item 9.3 Quorum for Planning Proposed to Regulate Horticulture under the Local Government Act as Cr Jenvey owns a family share on rural land.

Councillor Janine Reed declared a pecuniary interest in Item 10.14 Approved Construction and Complying Development Consents under the Local Government Act as Cr Reed is an elected Director and Chairman of Nambucca Valley Care Ltd. Cr Reed left the meeting for this item.

Councillor Janine Reed declared a non-pecuniary - less significant conflict of interest in Item 27.2 Request to Write Off Outstanding Rates and Charges under the Local Government Act as Cr Reed has a close working relationship with Directors of the Organisation.

CONFIRMATION OF MINUTES - Ordinary Council Meeting

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 12 October 2017

524/17 RESOLVED:        (Reed/Ainsworth)

That the minutes of the Ordinary Council Meeting of 12 October 2017 be confirmed subject to the following amendment:

Page:  14 – Short Term Holiday Letting in NSW Option Paper and Point 3 to read:

A maximum of two adults per main bedroom and a maximum two adults or four children in subsequent bedrooms subject to adequate fit out.  Only those rooms approved as bedrooms are to be used for the purposes of this subclause.

ITEM 5.1      SF2303              261017      Notice of Motion - Request for Leave - Cr Janine Reed

525/17 RESOLVED:        (Reed/Wilson)

That Cr Reed be granted leave from 15 to 17 November 2017 inclusive.

DELEGATION

RECOMMENDATION:

That the following delegation be heard:

Charlie Higgins on behalf of Nambucca Area Macadamia Growers Association – Notice of Rescission – Item 9.3 SF2381 Quorum for Planning Proposal to Regulate Horticulture – ITEM 6.1 – Notes provided on file.

Notice of Rescission

ITEM 6.1      SF794                261017      Notice of Rescission - Item 9.3 SF2381 Quorum for Planning Proposal to Regulate Horticulture

526/17 RESOLVED:        (Ainsworth/Wilson)

That the resolution passed by Council in relation to Item 9.3 – Quorum for Planning Proposal to Regulate Horticulture of Council’s Agenda for the meeting held on 12 October 2017 be rescinded.

For the motion:               Councillors Ainsworth, Finlayson, Reed, Wilson and Hoban

                                      (Total 5)

Against the motion:         Councillors Ballangarry, Jenvey, Jones, Smyth

                                      (Total 4)

                   SF2381              261017      Planning Proposal to Regulate Horticulture

527/17 RESOLVED:        (Ainsworth/Reed)

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 (NLEP 2010) which:

· Removes ‘horticulture’ from ‘permitted without consent’ in the land use table for the R5 Large Lot Residential, and relocates it to ‘permitted with consent’.

2 That a report come back to council on a revision of the DCP to incorporate appropriate standards for Horticulture in the R5 zone.

3 That as requested by the NSW Department of Primary Industries (DPI) Council not amend the NLEP in relation to Horticulture in the RU1 and RU2 zones in light of the Blueberry Code of Conduct currently being developed by the Blueberry Interagency Working Group and the Australian Blueberry Growers Association (AGBA) with the support of DPI to address rural land use conflict; and the recently announced proposal by the NSW Department of Planning and Environment to implement “a package of reforms to update and improve the planning framework for primary production and rural development” which includes a new SEPP,  changes to Ministerial Planning Directions under section 117 of the Environmental Planning and Assessment (EP&A) Act 1979 and a revision of definitions and clauses in the Standard Instrument LEP. 

4 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.

5 That if the Minister determines that the matter should proceed, Council staff undertake community consultation in accordance with section 57 of the Environmental Planning and Assessment Act 1979 and any requirements specified by the Minister.

6 Following community consultation, Council staff report the planning proposal back to Council for consideration of any submissions received and a final decision as to whether Council will proceed to make the planning proposal to support an amendment to NLEP 2010. 

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

                                      (Total 8)

Against the motion:         Councillor Ballangarry

                                      (Total 1)

Cr Ballangarry requested his vote be recorded against the resolution as he does not support the use of chemicals.

DELEGATIONS Continued:

RECOMMENDATION:

That the following delegations be heard:

i         Graham Jones and Peter Gill  – Jones Park, Valla Beach – Complaints concerning Actions by Council Staff  - ITEM 10.1 (Refer Notes on file TRIM PRF5:41242/2017).

ii        Gary Cattanach – Jones Park, Valla Beach – Complaints concerning Actions by Council Staff  - ITEM 10.1 – (Refer Notes on file TRIM PRF 5: 40874/2017).

ITEM 10.1    PRF5                 261017      Jones Park, Valla Beach - Complaints Concerning Actions by Council Staff

528/17 RESOLVED:        (Jones/Smyth)

That the information concerning the response of Council staff to complaints about unauthorised clearing of vegetation in Jones Park, Valla Beach be noted, that the surveillance camera signs be relocated into a more appropriate position.; and that there be signage concerning the bush regeneration being undertaken at Jones Park.

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.

ITEM 10.1 was dealt with earlier in the meeting.

General Manager Report

ITEM 10.2    SF959                261017      Outstanding Actions and Reports

529/17 RESOLVED:        (Finlayson/Ainsworth)

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

ITEM 10.3    SF2404              261017      Proposed Change to Organisation Structure - Consolidation of Key Duties of Storekeeper and Engineering Support Officer and Creation of a New Position of Design/Project Engineer

530/17 RESOLVED:        (Jones/Wilson)

That the information concerning the proposed change to the organisation structure being the consolidation of the key duties of the Storekeeper and Engineering Support Officer and the creation of a new position of Design and Project Engineer be received.

ITEM 10.4    SF842                261017      Council Advisory Committees

531/17 RESOLVED:        (Smyth/Reed)

That Council adopt the list of Advisory Committees as shown in the report with the exception of the Nambucca Emergency Operations Committee of Management which is to be disbanded noting that the Nambucca Bush Fire Management Committee no longer exists as at the 26 October 2017.

ITEM 10.5    SF2387              261017      Australia Day Committee of Management - Terms of Reference

532/17 RESOLVED:        (Reed/Wilson)

1        Council advise the Australia Day Committee of Management to include the proposed acknowledgement in their terms of reference.

2        That Council note the minutes of the Committee meeting held on 16 October 2017.

ITEM 10.6    SF979                261017      Proposed Great Koala National Park

533/17 RESOLVED:        (Jenvey/Wilson)

That Council note the responses from the Forestry Corporation of NSW and the NSW Greens and seek advice from Timber NSW in relation to their assessment of the impact of the proposed Great Koala National Park on their members on the Mid North Coast and particularly those in the Nambucca Valley.

ITEM 10.7    SF2329              261017      Business Advisory Committee - Minutes of Meeting on 27 September and Committee Meeting Arrangements

534/17 RESOLVED:        (Reed/Jones)

1        That there be a report on amending Council’s policy on Urban and Rural Road Naming to incorporate the recommendation of the Business Advisory Committee for dual road naming.

2        Council note its resolution of 12 October 2017 to consider funding a business centre revitalisation program under the NSW Government’s $1.3 billion Regional Growth Fund and that Council staff provide a report on the form of a program and the assistance to be provided to property owners (subject to grant funding).

3        Council endorse the proposal for public art in Wallace Lane and support the owner/artist in providing any required traffic control and an elevated work platform.

4        Council endorse the engagement of artist, Mr Ian Moule as per his quotation to install public art on the water reservoir in Mann Street with Council to provide an elevated work platform.

5        Council note the recommendation of the Business Advisory Committee not to provide sponsorship for the recommencement of the annual Pro-Ag event to be held at the Macksville Showground on Friday 3 November and Saturday 4 November 2017.

6        That the art have a finish that will allow for the easy removal of graffiti.

ITEM 10.8    DA1996/132        261017      Modification of Development Consent DA1996/132

535/17 RESOLVED:        (Smyth/Ainsworth)

1        That Council as the consent authority, pursuant Section 96 of the Environmental Planning and Assessment Act 1979, modify development consent DA1996/132 in accordance with the recommendations of the assessment report contained within attachment 2 except for the following amendments to the recommended conditions:

Condition 12 – A positive covenant is to be placed on the proposed lots under section 88B of the Conveyancing Act 1919 which states that reticulated electricity is not connected to the land and that any extension of supply will be at the expense of the owner. Necessary easements for electricity purposes as required by the electricity supply authority to provide connection of the proposed lots to reticulated electricity must be provided to the satisfaction of Council.

   Written evidence from a telecommunications carrier licenced under the Telecommunications Act 1997 (Cth) confirming that satisfactory arrangements have been made for the provision of telecommunications throughout the subdivision shall be submitted to Council prior to the issue of a subdivision certificate.

Condition 10a - Vehicle access to Lots 8, 9 and 10 must be restricted to the existing entry to Scotts Head Road.  The entry to Scotts Head Road shall be sealed from the edge of the bitumen to a minimum of three (3) metres within the property boundary and for the length of the reciprocal right of carriageway (greater than two lots), whichever is the greater distance.  The internal road (right-of-carriageway) shall be constructed with an all-weather gravel surface at a minimum and in accordance with the conditions of this consent for section 4.1.3 (2) of 'Planning for Bush Fire Protection 2006'.  The road (right-of-carriageway) shall be contained entirely within Lot 10; extend from Scotts Head Road to the northern boundary of Lot 9; be developed with stormwater quality controls to the satisfaction of Council; and be sited so that only the selective clearing of vegetation occurs.    

The full width of the road shall be encompassed by a right-of-carriageway that burdens proposed Lot 10 only.  A Section 88B Instrument shall be created over such right-of-carriageway (Stage 2 only).

Emergency egress roads for bushfire and flood events must be provided from all building envelopes that are above the 1% probability flood level and included within a section 88B instrument. The egress roads must enter Scotts Head Road at the entrances approved as part of this consent.

Condition 13D -   Property access roads shall comply with the following requirements of section 4.1.3 (2) of 'Planning for Bush Fire Protection 2006'.

a.   Bridges clearly indicate load rating and pavements and bridges are capable of carrying a load of 15 tonnes.

b.   Roads do not traverse a wetland or other land potentially subject to periodic inundation (other than a flood or storm surge).

c.   A minimum carriageway width of 4 metres.

d.   Any carriageway constriction along the property access road shall be no less than 3.5 metres in width and for a distance of no greater than 30m.

e.   Property access roads shall have passing bays every 200 metres and where the view is restricted, for example on corners and crests, which are 20 metres long by 2 metres wide, making a minimum trafficable width of 6 metres at the passing bay.

f.    A minimum vertical clearance of 4 metres to any overhanging obstruction, including tree branches.

g.   Internal roads provide a loop road around any dwelling or incorporate a turning circle with a minimum 12 metre outer radius.

h.   Curves have a minimum inner radius of 6 metres and are minimal in number to allow for rapid access and egress.

i.    The minimum distance between the inner and outer curves is 6 metres.

j.    The crossfall is not to exceed 10 degrees.

k.   Maximum grades for sealed roads do not exceed 15 degrees and not more than 10 degrees for unsealed roads.

Condition 13E – Deleted

Condition 13F - Deleted

Condition 14A  - The proposed common boundary between Lots 9 and 10 shall be surveyed to avoid, as much as practicable, the waterfront land comprising the Strahler order 3 watercourse and be located to the east of the subject watercourse, generally on the alignment of a former property fence line shown as “Preferred Boundary” on the amended plan dated October 2017.  The amended boundary is to be shown on the plans submitted to Council for a Subdivision Certificate.

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

                                      (Total 9)

Against the motion:         Nil

                                      (Total 0)

ITEM 10.9    SF2293              261017      Development Applications greater than 12 months or where submissions received -  to 17 October 2017

536/17 RESOLVED:        (Reed/Wilson)

That the information contained in the report on Development Applications greater than 12 months or where submissions have been received as at 3 October 2017 be noted by Council.

ITEM 10.10   SF2327              261017      Minutes of the Library Service Strategic Plan Committee meeting 4 October 2017 and appointment of Consultant

537/17 RESOLVED:        (Jones/Smyth)

That Council note the minutes of the Library Service Strategic Plan Committee meeting held 4 October 2017 and the appointment of Project Sisu consultancy for development of the Strategic Plan.

ITEM 10.11   SF271                261017      Code of Meeting Practice - Timing for members of the public to address Council Meetings

538/17 RESOLVED:        (Wilson/Ainsworth)

That Council advertise a proposed amendment to its Code of Meeting Practice being a change to Part 6 – Miscellaneous - Public Addresses – Council and Committee Meetings of the following sub-clause to Clause 68 (Local Policy) (1) (b) which deals with the Agenda and Business Papers for Council Meetings, details as follows:

(b)   members of the public wishing to address the Council or a committee are to nominate no later than 11.00 am on the day of the meeting and advise the issue to be addressed.

ITEM 10.12   SF1148              261017      Council Ranger's Report August and September 2017

539/17 RESOLVED:        (Reed/Finlayson)

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

ITEM 10.13   SF2293              261017      2017 September - Development and Complying Development Applications Received

540/17 RESOLVED:        (Wilson/Finlayson)

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

Councillor Janine Reed left the meeting before the commencement of this item, the time being 8.15 PM

ITEM 10.14   SF2293              261017      2017 September - Approved Construction and Complying Development Certificates

541/17 RESOLVED:        (Ainsworth/Finlayson)

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

Councillor Janine Reed returned to the meeting at the completion of this item, the time being 8.17 PM

ITEM 10.15   SF222                261017      Reduction in Council's Credit Card Surcharge from 1% to 0.5%

542/17 RESOLVED:        (Ainsworth/Jones)

That Council note the information concerning the change to the credit charge transaction fee to take effect from 1 November 2017.

ITEM 10.16   SF25                  261017      Request for Donation - Nambucca/Macksville Evening VIEW Club

543/17 RESOLVED:        (Finlayson/Wilson)

1 That Council approve a Section 356 donation of $120, from the Donations Budget 2017/2018, to cover the six (6) hours of hire fees for the Senior Citizens Hall kitchen on 24 November 2017 for the Nambucca/Macksville Evening VIEW Club; and

2 That Council waive the $205 hire bond on this occasion pending return of the key after completion of the hire period and the kitchen is left in a clean and serviceable state.

Assistant General Manager Corporate Services Report

ITEM 11.1    SF2228              261017      Draft Financial Statements 2016-2017

544/17 RESOLVED:        (Ainsworth/Wilson)

It is recommended that:

(i)       Council's DRAFT Financial Statements are adopted.

(ii)      Council resolve in accordance with Section 413 (2c) of the Act that the draft 2016-17 annual financial report is in accordance with;

·       the Local Government Act 1993 (as amended) and the Regulations made there under,

·       the Australian Accounting Standards and professional pronouncements, and

·       the Local Government Code of Accounting Practice and Financial Reporting, and

·       presents fairly the Council’s operating result and financial position for the year, and

·       accords with Council’s accounting and other records, and

·       that the Council is not aware of any matter that would render this report false or misleading in any way.

(iii)     Council adopt the Councillors/Management "Statement" and resolve that it be signed and attached to the Draft 2016-17 Accounts.

(iv)     Delegate to the General Manager the authority to "authorise the YE Accounts" for issue immediately upon receipt of the auditors reports subject to there being no material audit changes or audit issues, in accordance with AASB 110.

ITEM 11.2    SF2368              261017      Investment Report to 30 September 2017

545/17 RESOLVED:        (Ainsworth/Wilson)

That the Accountants’ Report on Investments placed to 30 September 2017 be noted.

ITEM 11.3    SF251                261017      Schedule of Council Public Meetings 2017

546/17 RESOLVED:        (Ainsworth/Reed)

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

Assistant General Manager Engineering Services Report

ITEM 12.1    SF1676              261017      2017-18 Capital Works Program Monthly Report

547/17 RESOLVED:        (Ainsworth/Finlayson)

That Council:

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

b)   Council note that the gravel resheeting program has been placed on hold due to weather conditions and availability of suitable gravel form the quarry.

c)   Reallocate the amount of $68,600.00 from Rodeo Drive (WO2396) to Scotts Head Road (WO2837).

ITEM 12.2    SF1676              261017      Work Practice Improvements

548/17 RESOLVED:        (Ainsworth/Reed)

1        That Council receive and note the report on some of the work practice improvements since April 2015 following the organisation review of the Engineering Services Department.

2        That Council acknowledge the work of the Manager Infrastructure Services; Civic Services; Structures Services; Roads; Green Spaces and Depot Coordinators on the implementation of the change within work practices to gain efficiencies in providing a more cost effective and affordable service to our community.

3        That Council acknowledge the outdoor Staff in embracing the changed work practices to improve efficiencies

ITEM 12.3    T013/2017           261017      Tender T013/2017 - Local Government Procurement Quotations 2017/18 Road Rehabilitation Program

549/17 RESOLVED:        (Ainsworth/Finlayson)

1        That Council accept the quotation submitted by Stabilcorp for T013/2017 for the 2017/18 Road Rehabilitation Program

2        That Council update the Contract Register.

3        That Report Item 13.1 in the Confidential Agenda - Tender T013/2017 - Local Government Procurement Quotations 2017/18 Road Rehabilitation Program be noted.

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

                                      (Total 9)

Against the motion:         Nil

                                      (Total 0)

ITEM 12.4    SF90                  261017      Nambucca Shire Traffic Committee Meeting Minutes - 10 October 2017

550/17 RESOLVED:        (Ainsworth/Finlayson)

1        That Council approve changing the priority of traffic flow at the intersection of Carbin Street and William Street, Bowraville, whereby William Street gives way to Carbin Street on both approaches.

2        That Council approve the installation of traffic control devices on the crest of the hill at Wurinda Drive once the Developer has committed to build a pedestrian refuge on the crest and a raised intersection platform and submitted plans to the Nambucca Local Traffic Committee for concurrence.

3        That Council approve a request from Macksville Gift Procession Committee of Management  to conduct Macksville Gift Procession, noting the following has been received:

·      Certificate of Currency for Public Liability Insurance;

·      Traffic Management Plan confirming Accredited Traffic Controllers will be on site;

·      Police and Roads and Maritime Services notification for the road closures, and

·      Road Occupancy Licence for the Pacific Highway closure.

4        That Council endorse road closures for the Macksville Gift Procession to be held between 11.30am and 11.50am on 11 November 2017 as follows:

·      Wallace Street - Station Street to Cooper Street;

·      Matilda Street - Station Street to Wallace Street; and

·    Cooper Street - Wallace Street to Boundary Street.

5        That Council endorse the installation of No Stopping restrictions at the new cul-de-sac head on Albert Drive (North).

6        That Council move No Stopping signs a further 5 metres away from Short Street at its intersection from Boundary Street, Macksville to improve sight lines.

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

551/17 RESOLVED:        (Ainsworth/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 13.2    SF848                261017      Request to Write off Outstanding Rates & Charges

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) (b) of the Local Government Act, 1993, on the grounds that the report contains a discussion in relation to the personal hardship of a resident or ratepayer.

CLOSED MEETING

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 8.28 pm.

RESUME IN OPEN MEETING

552/17 RESOLVED:        (Ainsworth/Reed)

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 8.36 pm

FROM COUNCIL IN CLOSED MEETING

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 13.2    SF848                261017      Request to Write off Outstanding Rates & Charges

553/17 RESOLVED:        (Ainsworth/Finlayson)

That Council advise the ratepayer that it will agree to defer the repayment of the $10,000 debt and will consider the request to waive same following advice on a restructuring of the organisation or otherwise after 12 months, whichever is the sooner.

CLOSURE

There being no further business the Mayor then closed the meeting the time being 8.37 pm. 

Confirmed and signed by the Mayor on 16 November 2017.

Cr Rhonda Hoban

MAYOR

(CHAIRPERSON)