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
Cr John Wilson

ALSO PRESENT

Michael Coulter (General Manager) – entered at 6.20 pm	Scott Norman (AGM Corporate Services)
Paul Gallagher (AGM Engineering Services)	Daniel Walsh (Manager Development and Environment)
Lorraine Hemsworth (Minute Secretary)

PRAYER

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

CONFIRMATION OF MINUTES - Ordinary Council Meeting

SUBJECT: CONFIRMATION OF MINUTES - Ordinary Council Meeting 30 November 2017

616/17 RESOLVED: (Wilson/Reed)

That the minutes of the Ordinary Council Meeting of 30 November 2017 be confirmed.

NOTICE OF MOTION - CR Smyth

ITEM 5.1 SF2303 141217 Notice of Motion - Cr Anne Smyth - Request for leave of absence from 15 December 2017 to 17 January 2018

617/17 RESOLVED: (Smyth/Reed)

That Cr Anne Smyth be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 15 December 2017 to 17 January 2018 inclusive.

ITEM 9.2 SF600 141217 Request by Lesley Flanders to Purchase Land West of the Bowraville Racecourse

618/17 RESOLVED: (Hoban/Wilson)

That the request by Lesley Flanders to purchase land West of the Bowraville Racecourse be deferred pending advice from Ms Gillin and be listed for a site inspection.

DELEGATIONS

That the following delegations be heard:

9.2 Request by Lesley Flanders to Purchase Land West of the Bowraville Racecourse

i Paul Hoffman

9.8 Development Application DA2017/179

i Howard Game - From Optus - Against the Motion

ii Megan Tozer - From Telstra - Against the Motion

iii Naomi Falkenberg – For the Motion

iv Cathryn O’Donnell – For the Motion

9.2 Request by Lesley Flanders to Purchase Land West of the Bowraville Racecourse

i This item was deferred pending further advice and Paul Hoffman did not address Council.

9.8 Development Application DA2017/179

i Howard Game - From Optus - Against the Motion

· Came to Council to ask for the approval of proposal however after the site inspection there is a need for Optus and Telstra to carry out further investigations.

· Ask Council to defer:

1 Need for further investigation into a proposed site.

2 Address concerns raised in the Council report.

ii Megan Tozer - From Telstra - Against the Motion

· Did not address Council.

iii Naomi Falkenberg – For the Motion

· Home is in close proximity to the proposed tower.

· Personal health issue with benign tumours at the moment.

· If tower goes ahead she is concerned that it could contribute to tumours turning cancerous.

· Children also at risk of inheriting same condition.

· Value of property likely to decrease.

iv Cathryn O’Donnell – For the Motion

· Home is close to proposed tower.

· Visual impact as at front yard and view everyday.

· Tower will be higher than the trees that act as a buffer.

· Drone flown today to show the height of the tower which will be very high.

· Impact on flora and fauna - Koala area.

· No consultation from neighbours or Optus as to where the tower is proposed to be located

ITEM 9.8 DA2017/179 141217 Development Application DA2017/179

619/17 RESOLVED: (Finlayson/Ainsworth)

That Council defer the decision on the Development Application DA2017/179 to allow the Applicant to review the application.

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

(Total 9)

Against the motion: Councillor Nil

(Total 0)

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 141217 Outstanding Actions and Reports

620/17 RESOLVED: (Ainsworth/Finlayson)

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

ITEM 9.3 SF611 141217 Announcement of Rate Cap of 2.3% for 2017/18

621/17 RESOLVED: (Ainsworth/Wilson)

That the information concerning the announcement by the Independent Pricing and Regulatory Tribunal (IPART) of a rate cap of 2.3% for 2017/18 be received.

ITEM 9.4 DA2006/143 141217 Modification of DA2006/143 14 Lot Subdivision at Treleaven Street, Hyland Park

622/17 RESOLVED: (Finlayson/Reed)

That Council as the consent authority, pursuant to Section 96 of the Environmental Planning and Assessment Act 1979, modify development consent DA2006/143 subject to conditions provided as Attachment 4.

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

(Total 9)

Against the motion: Councillor Nil

(Total 0)

ITEM 9.5 SF2293 141217 Development Applications greater than 12 months or where submissions received - to 6 December 2017

623/17 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 6 December 2017 be noted by Council.

ITEM 9.6 SF770 141217 Report into Preference Counting in Local Government Elections in NSW

624/17 RESOLVED: (Ainsworth/Finlayson)

That Council note the Report from the inquiry into Preference Counting in Local Government Elections in NSW.

ITEM 9.7 SF2292 141217 Minutes of the Nambucca Shire Council Access Committee meetings held 28 November 2017

625/17 RESOLVED: (Jenvey/Wilson)

1 New boardwalk construction or future upgrades is to consider passing bays on the land side as the current width does not allow for passing by 2 people using mobility aids, prams etc; and designs must consider the location of the mangroves and head-height for pedestrians.

2 Designs for new boardwalks or upgrades be referred to the Access Committee for its consideration and comment before construction.

3 That Council endorse the minutes of the Nambucca Shire Council Access Committee meetings held 28 November 2017.

ITEM 9.9 SF2293 141217 2017 November - Approved Construction and Complying Development Certificates

626/17 RESOLVED: (Ainsworth/Reed)

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

ITEM 9.10 SF2293 141217 2017 November - Development and Complying Development Applications Received

627/17 RESOLVED: (Ainsworth/Finlayson)

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

Assistant General Manager Corporate Services Report

ITEM 10.1 SF251 141217 Schedule of Council Public Meetings end 2017 and beginning of 2018

628/17 RESOLVED: (Wilson/Ballangarry)

That the schedule of dates for Council meetings in 2017 and beginning of 2018 be noted and received for information by Council.

ITEM 10.2 SF2368 141217 Investment Report to 30 September 2017

629/17 RESOLVED: (Ainsworth/Ballangarry)

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

ITEM 10.3 SF315 141217 Mary Boulton Pioneer Cottage and Museum Committee of Management - Annual General Meeting - 18 November 2017

630/17 RESOLVED: (Ainsworth/Ballangarry)

1 That Council endorse the minutes of the Mary Boulton Pioneer Cottage and Museum Committee of Management Annual General Meeting held on 18 November 2017 and thank the outgoing Committee for their work in the past twelve months.

2 That Council acknowledge the expressions of gratitude from the Committee of Management for the commitment provided by Council.

ITEM 10.4 SF335 141217 Talarm Hall Committee of Management - Annual General Meeting - 16 November 2017

631/17 RESOLVED: (Reed/Wilson)

That Council:

1 Endorse the minutes of the Talarm Hall Committee of Management Annual General Meeting held on 16 November 2017 and thank the outgoing Committee for their work in the past twelve months.

2 Advertise in the media and also write to the Talarm residents seeking support for the continued operation of the Talarm Hall Committee of Management.

Assistant General Manager Engineering Services Report

ITEM 11.1 SF90 141217 Nambucca Shire Traffic Committee Meeting Minutes - 5 December 2017

632/17 RESOLVED: (Finlayson/Wilson)

1 That Council endorse a road closure for the Queen’s Baton Relay between 8.45 am and 9.45 am on Friday 2 February 2018 in Wallace Street Macksville, between its intersections with Matilda and Station Streets

2 That advertising 7 days prior to the event is carried out by Nambucca Shire Council.

3 That Council note the temporary closure of the Macksville Aquatic Centre Car Park from approximately 8.00 am to 10.30 am to accommodate the Queen’s Baton Relay convoy and Baton Bearers.

4 That Council install No Parking signs at the eastern end of Nelson Street, Nambucca Heads.

5 That Council approve a request from the Lions Club of Nambucca Heads for the following temporary road closures on Australia Day, Friday 26 January 2018:

a) The access road through Gordon Park to hold the Australia Day event between 6.00 am and 6.00 pm.

b) Wellington Drive ((from Gordon Park to the V Wall) for short periods only between 7.00 am and 10.00 am.

6 That Council approval for the Australia Day Carnival is subject to the following information being received by Council at least 2 weeks prior to the event:

· Certificate of Currency for Public Liability Insurance;

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

· Police and Roads and Maritime Services approval for the road closures.

7 That Council issue a further (2) year approval to Lions Club of Nambucca Heads for the same road closures subject to:

a) Reapplying every three (3) years for a subsequent three (3) year approval;

b) Reapplying if there are any changes to the approved application ie times or route of the closures;

c) Compliance with approved Traffic Management Plan and/or NSW Police instruction;

d) Hold Current Certificate of Currency for Public Liability insurance; and

e) Engagement of suitably qualified Traffic Controllers.

8 Council install No Parking signs in the manoeuvre area of the Stuart Island Boat Ramp.

9 That after reconstruction of Mann Street, Nambucca Heads between Bent Street and Centenary Parade, Council introduce the following changes to traffic management facilities:

a Replace the pedestrian crossing with a compliant pedestrian refuge island;

b Remove the confusing cycle lane located on the kerb side of the westbound lane;

c Widen both the west bound and eastbound carriageways;

d Introduce a No Stopping zone at the frontage of properties between 137 and 151 Mann Street; and

e Introduce edge lines 600mm from the both kerbs to allow additional room for cyclists riding in either direction.

9 That Council does NOT install a dedicated Disabled Parking Bay outside 54 High Street, Bowraville as requested by the property owner.

10 That Mr Mason be provided with information about resources that may be available for his use.

10 That Council does NOT install a Pedestrian Crossing opposite St Patricks Primary School to connect to 33 Macksville Heights Drive as requested, as the crossing does not meet the Australian Standards warrants for pedestrian crossing.

11 That Council note the Nambucca Shire Traffic Committee meetings will continue to commence at 10.30 am on the first Tuesday of every second month with the exception of October, and the dates are as follows:

6 February; 3 April; 5 June; 7 August; 9 October; 4 December 2018

12 That Council note that all business items for discussion at the Traffic Committee meeting are to be submitted to the Manager Technical Services in writing, together with any supporting documentation and recommendation, two weeks prior to the date of the meeting;

33 That Council note that any additional matter (deemed urgent by the Committee) be given consideration on the day; and that any non-urgent general business on the day will be tabled for consideration at the next meeting with supporting information and recommendation provided by the Committee member who raised the issue.

ITEM 11.2 SF1676 141217 2017-18 Capital Works Program Monthly Report

633/17 RESOLVED: (Wilson/Ballangarry)

1 That Council receive and note the information pertaining to the progress of the 2017/2018 Capital Works Program for December 2017.

2 That Council allocate an additional $8000 from working funds to WO 3068 Alexandra Drive open drain to complete works on Alexandra Drive.

CLOSURE

There being no further business the Mayor then closed the meeting the time being 6.37 pm.

Confirmed and signed by the Mayor on 18 January 2018.

Cr Rhonda Hoban

MAYOR

(CHAIRPERSON)