PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Brian Finlayson

Cr Susan Jenvey

Cr David Jones (entered the meeting at 5.40pm)

Cr Janine Reed

Cr Anne Smyth

Cr John Wilson

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Paul Gallagher (AGM Engineering Services)

Tim Polo ( Engineering Designer)

Brad Lane (Senior Town Planner)

Lorraine Hemsworth (Minute Secretary)

 

 

 

Apology

 

Cr Martin Ballangarry OAM

 

 

Award – Wayne Lowe – Country Pool Manager:

The Mayor congratulated Wayne Lowe (Manger of Business and Development) on his award received 17 May 2018 for support as a Country Pool Manager.

 

 

PRAYER

 

Reverend Darryl Spriggs (Macksville and Nambucca Heads Presbyterian Church), offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Mr Michael Coulter declared a non-pecuniary - significant conflict of interest in Item 9.3 DA2017/272 Mixed Use Commercial and Shop Top Housing – 7A Ocean Street, Scotts Head under the Local Government Act as an adjoining owner and objector to the Development Application is part of Mr Coulter’s voluntary surf life saving patrol at the Macksville-Scotts Head Surf Life Saving Club.  Mr Coulter left the meeting for this item.

 

Councillor Janine Reed declared a pecuniary interest in Item 9.9 DA2018/076 Donation of DA Fees for Road Access to the new Macksville Hospital under the Local Government Act as Cr Reed is a member of the Mid North Cast Local Health District. Cr Reed left the meeting for this item.

 

Councillor Susan Jenvey declared a non-pecuniary – less significant conflict of interest in Item 9.14 LEP & dcp Amendments – Horticulture, Clause 4.2A & Tree Preservation under the Local Government Act as Cr Jenvey has a family share in RU1 property with horticulture.

 

Councillor John Wilson declared a non-pecuniary – significant conflict of interest in Item 9.2 Request by Lesley Flanders to Purchase Land West of the Bowraville Racecourse under the Local Government Act as Cr Wilson has known personally and has business ties with Lesley Flanders and Paul Hoffman.  Cr Wilson left the meeting for this item.

 

 


 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 26 April 2018

183/18 RESOLVED:        (Wilson/Reed)

 

That the minutes of the Ordinary Council Meeting of 26 April 2018 be confirmed.

 

 

 

NOTICE OF MOTION - CR Wilson

ITEM 5.1      SF2433              170518      Request for Leave of Absence - Cr John Wilson from 29 June to 8 July 2018 inclusive

184/18 RESOLVED:        (Wilson/Ainsworth)

 

That Cr John Wilson be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 29 June 2018 to 8 July 2018 inclusive.

 

 

  

PUBLIC FORUM AND DELEGATIONS

RECOMMENDATION

 

That the following Public Forum and Delegations be heard and respective reports brought forward:

 

Public Forum - Community Garden in Hyland Park

          i         Sarah Carden

Delegations:

 

Item 9.1 - Draft Nambucca Regional Economic Development Strategy 2022

          i         Mr Brendan Leary on behalf of Corview

 

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

          i         Dr Daniel Ryan

          ii        Ms Lesley Flanders

          iii       Mr Paul Hoffman

          iv       Mrs Katherine Gosson

 

Item 9.3 - DA2017/272 Mixed Use Commercial and Shop Top Housing Development at 7A Ocean Street, Scotts Head:

          i         Mr Garry Smith

          ii        Mr Ross Fox on behalf of (Keiley Hunter Town Planners)

          iii       Mr Darren McMullen

          iv       Mr Alan Rudge

 

 

Public Forum:   Sarah CardenAddressed Council regarding a Community Garden for Hyland Park – with prepared notes being placed on File TRIM 13652/2018 and 14059/2018.

 

DELEGATION:      Mr Brendan Leary on behalf of Corview – Presentation to Council - ITEM 9.1- Draft Nambucca Regional Economic Development Strategy 2022 with prepared notes being placed on File TRIM 11246/2018.

 

 

ITEM 9.1      SF731                170518      Draft Nambucca Regional Economic Development Strategy 2022

185/18 RESOLVED:        (Finlayson/Ainsworth)

 

1        Council advise Corview in terms of the comments provided in this report plus any additional comments the Council seeks consideration of.

 

2        That Council formally thank the Department of Premier and Cabinet for the funding and support provided for the development of the Regional Economic Development Strategy.

 

 

 

Cr John Wilson left the meeting before the commencement of this item, the time being 6:10PM

 

Delegations Continuted:

 

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

 

          i         Dr Daniel Ryan and Ms Lesley Flanders with prepared notes being placed on file TRIM 15703/2018

 

          ii        Ms Lesley Flanders

§  Grandfather and other family members born on the land

§  Has been trying to acquire this land for so long and family have passed on

§  Many excuses as to why the family could not purchase this land

§  Request Council to find it in their hearts for the family to purchase the land

 

          iii       Mr Paul Hoffman with prepared notes being placed on file TRIM 48220/2018 and 42675/2018

                  

          iv       Mrs Katherine Gosson

·       As discussed at onsite inspection

 

ITEM 9.2      SF600                170518      Request by Lesley Flanders to Purchase Land West of the Bowraville Racecourse

186/18 RESOLVED:        (Reed/Ainsworth)

 

1        That Council recognise the significance of the Grassy Road, Bowraville site near the racecourse to the Flanders descendants and acknowledge previous attempts by the Flanders ancestors to acquire the land as outlined in the report to Council.

 

2        That Council note:

 

·                The long generations connection the family has with this site

·                The actions taken previously by the family to acquire the site

·                The support given to Ms Lesley Flanders by Elders, some of whom were born on this site

·                The spiritual significance of the site to the descendants.

 

3        That Council work with the Flanders family and Crown Lands to assist the family in further progressing this claim.

 

4        That Ms Lesley Flanders, Mr David Shoebridge MLC and Ms Anne Gillin of Nambucca Valley Legal be advised of Council’s decision.

 

Cr John Wilson returned to the meeting at the completion of this item, the time being 6:25 pm

 

 

 

Mr Michael Coulter left the meeting before the commencement of this item, the time being 6:26 PM

 

DELEGATIONS Continued:

DA2017/272 Mixed Use Commercial and Shop Top Housing Development at 7A Ocean Street, Scotts Head

 

          i         Ms Kathleen Crawley addressed Council with prepared notes and presentation being placed on file TRIM 17217/2018 and 17257/2018.

 

          ii        Mr Ross Fox (on behalf of Keiley Hunter Town Planner) addressed Council with prepared notes being placed on file TRIM 17309/2018.

 

          iv       Mr Alan Rudge on behalf of Alan Rudge Architects addressed Council making the following points:

 

·           Not happy with the negativity terms expressed by previous speakers

·           Setback – 3.6 and number 7 built right to boundary and 7a same

·           Side zones

·           Bring Glass line back

·           Setbacks not a major problem and come into line with neighbours

·           Have asked for minor variations

·           Backing out into traffic – using exiting situation

·           Proposing a dual occupancy – 2 cars

·           Ways around problem of backing out

·           Wall on north side – work and be flexible with windows

·           Complies with regulations

 

          iii       Louise Smith addressed Council making the following points:

·         Resided over past 30 years and active community members

·         Small business owners

·         Development application sees foothold for business

 

ITEM 9.3      DA2017/272        170518      DA2017/272 Mixed Use Commercial and Shop Top Housing Development at 7A Ocean Street, Scotts Head

MOTION:      (Ainsworth/Wilson)

 

That Council as the consent authority, pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979, grant development consent subject to conditions provided as Attachment 4.

 

 

Amendment:       (Hoban/Smyth)

 

That Council refer the application back to the applicant with a request to reconsider the design to lessen the non-conformance with the DCP and consider some option for dealing with the canter leaver over the right of carriage way.

 

For the Amendment:                 Crs Hoban, Smyth, Wilson

                                                Total (3 )

 

Against the Amendment:  Ainsworth, Finlayson, Jenvey, Jones, Reed

                                      Total (5)

 

The amendment was lost and reverted back to the original Motion.

 

 

 

 

187/18 Resolved:        (Ainsworth/Wilson)

 

That Council as the consent authority, pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979, grant development consent subject to conditions provided as Attachment 4.

 

For the Motion:               Ainsworth, Finlayson, Jenvey, Jones, Reed

                                      Total (5)

 

Against the Motion:         Crs Hoban, Smyth, Wilson

                                                Total (3 )

 

Mr Michael Coulter returned to the meeting at the completion of this item, the time being 7:08 pm

 

 

Mr Brad Lane left the meeting, the time being 7:15 pm

 

 

Bring Forward Items 10.1 and Item 9.15

188/18 Resolved:        (Ainsworth/Reed)

 

That the following Items be brought forward in the business paper as members of the public were in the gallery and interested in:

 

Item 10.1      Lanes Bridge Bowraville - Replacement Options Report

 

Item 9.15      DA2017/291 170518         Development Application DA2017/291 - 3 Adin Street Scotts Head

 

 

ITEM 10.1    SF2459              170518      Lanes Bridge Bowraville - Replacement Options Report

189/18 RESOLVED:        (Finlayson/Ainsworth)

 

1        That Council adopt OPTION 3 within the “concept design options report” to replace Lanes Bridge at an estimated cost of $2.7million, which will facilitate improved flood immunity and raise the deck level approximately 1.75m (RL 7.90m) higher than the existing deck level and  have a new horizontal alignment situated 6.51m parallel upstream of the existing bridge alignment.

 

2        That Council staff undertake negotiations with the owners of 8 and 14 High Street with a view to Council funding the raising of their dwellings or otherwise reaching agreement whereby they will enter into a Deed of Release for the increased flood afflux. In relation to the negotiation with the residents that Council’s position be to immediately proceed with the replacement of the bridge and that the outcome of the negotiations be reported back to Council as soon as possible.

 

 

 

Mr Tim Polo left the meeting, the time being 7:30 pm

 

 

 

 

 

 

 

 

 

 

 

 

ITEM 9.15    DA2017/291        170518      Development Application DA2017/291 - 3 Adin Street Scotts Head

190/18 RESOLVED:        (Ainsworth/Reed)

 

That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent to Development Application 2017/291 for shop top housing at Lot 15 Sec F DP 20823 3 Adin Street, Scotts Head, subject to the schedule of conditions outlined in attachment 1 of this report.

 

For the Motion:                         Crs Ainsworth, Finlayson, Jenvey, Jones, Reed, Smyth and Wilson

                                                Total (7)

 

Against the Motion:         Hoban

                                      Total (1)

 

The Mayor requested that her vote be recorded against because of implications for traffic adjoining the development and the adverse precedent it sets for the future industrial and commercial development in the Shire.

 

 

 

7.38pm – 8.15pm - The meeting adjourned

 

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, 9.2 and 9.3 were dealt with earlier in the meeting under Delegations.

 

 

 

ITEM 9.4      SF959                170518      Outstanding Actions and Reports

191/18 RESOLVED:        (Ainsworth/Jenvey)

 

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

 

 

 

 

 

 

 

ITEM 9.5      SF42                  170518      2018 Determination of the Local Government Remuneration Tribunal

192/18 RESOLVED:        (Reed/Ainsworth)

 

1        That Council confirm that remuneration for the Mayor and Councillors in 2018/2019 be set at the maximum allowed under the determination of the Local Government Remuneration Tribunal being:

 

          Councillors                    $11,860

          Mayor Additional Fee     $25,880*

 

          *This fee must be paid in addition to the fee paid to the Mayor as a Councillor (s.249(2)).

 

2        That Council’s Creditors Clerk be advised of the increase in Councillor fees effective from 1 July 2018.

 

 

 

 

ITEM 9.6      SF66                  170518      NSW Auditor-General's Report on Local Government 2017

193/18 RESOLVED:        (Smyth/Jenvey)

 

That the information provided in the NSW Auditor-General’s 2017 Report on Local Government be received.

 

 

 

 

ITEM 9.7      DA2018/084        170518      Donation of DA Fees for Bridge Replacement - Nambucca Heads Island Golf Club

194/18 RESOLVED:        (Wilson/Finlayson)

 

That Council approve a Section 356 donation of $984.25 (including GST) being the development application fees for DA2018/084 and require the Club to reimburse Council for the $320 fee paid to the Department of Primary Industry – Water for the application to undertake work in a waterway.

 

 

 


 

 

ITEM 9.8      DA2009/119        170518      Deferred Developer Contribution Request - Tony & Belinda Smith, 82 Smiths Lane, Congarinni North

MOTION:      (Finlayson/Reed)

 

1        That Council enter into a Deed of Agreement with Anthony Smith and Belinda Smith for deferral of developer contributions for two (2) lots whereby contributions for both lots are paid upon the first settlement with Council’s interest in the payment of such contributions being “secured” by a deed of agreement.  Further that the contributions be indexed from 2011 with payment to be based on the applicable index from the previous quarter.

 

2        That Council’s seal be attached to the Deed of Agreement as required.

 

3        That the Council note the information provided in relation to the matter in Closed meeting.

 

4        That the Mayor, General Manager and Manager Development & Environment be provided with delegated authority to determine requests for deferred payment of developer contributions provided all three agree with a request and that it generally comply with Council’s adopted policy.

 

5        That the contributions when received be held in an internally restricted reserve for expenditure on Smiths Lane as per 2011 planning agreement.

 

 

Amendment:       (Jones/Jenvey)

 

1        That Council enter into a Deed of Agreement with Anthony Smith and Belinda Smith for deferral of developer contributions for two (2) lots whereby contributions for both lots are paid upon the first settlement with Council’s interest in the payment of such contributions being “secured” by a deed of agreement.  Further that the contributions be indexed from 2011 with payment to be based on the applicable index from the previous quarter.

 

2        That Council’s seal be attached to the Deed of Agreement as required.

 

3        That the Council note the information provided in relation to the matter in Closed meeting.

 

4        That the contributions when received be held in an internally restricted reserve for expenditure on Smiths Lane as per 2011 planning agreement.

 

For the Motion:               Crs Hoban, Jenvey, Jones, Smyth

                                                Total (4)

 

Against the Motion:         Ainsworth, Finlayson, Reed, Wilson

                                      Total (4)

 

The Mayor elected not to exercise her casting vote because the resolution is not in accordance with the Staff recommendation so the Motion was put.

 

195/18 Resolved:        (Finlayson/Reed)

 

1        That Council enter into a Deed of Agreement with Anthony Smith and Belinda Smith for deferral of developer contributions for two (2) lots whereby contributions for both lots are paid upon the first settlement with Council’s interest in the payment of such contributions being “secured” by a deed of agreement.  Further that the contributions be indexed from 2011 with payment to be based on the applicable index from the previous quarter.

 

2        That Council’s seal be attached to the Deed of Agreement as required.

 

3        That the Council note the information provided in relation to the matter in Closed meeting.

 

4        That the Mayor, General Manager and Manager Development & Environment be provided with delegated authority to determine requests for deferred payment of developer contributions provided all three agree with a request and that it generally comply with Council’s adopted policy.

 

5        That the contributions when received be held in an internally restricted reserve for expenditure on Smiths Lane as per 2011 planning agreement.

 

For the Motion:               Crs Hoban, Ainsworth, Finlayson, Reed, Wilson

                                                Total (5)

 

Against the Motion:         Jenvey, Jones, Smyth

                                      Total (3)

 

Cr Smyth requested her vote be recorded against the resolution as she does not agree with No 4

Cr Jenvey requested her vote be recorded against the resolution as the policy is not equitable shire wide

Cr Jones requested his vote be recorded against the resolution as he does not agree with No 4

 

 

Councillor Janine Reed left the meeting before the commencement of this item, the time being 8:59 PM

 

ITEM 9.9      DA2018/076        170518      Donation of DA Fees for Road Access to the New Macksville Hospital

196/18 RESOLVED:        (Smyth/Finlayson)

 

That Council approve a Section 356 donation of $6,981.75 (including GST) being the development application fees for DA2018/076 (the proposed access road to the new Macksville Hospital) and require Health Infrastructure to pay the Planning Reform fee of $2,688 being a statutory fee payable to the Department of Planning (State Government).

 

 

Councillor Janine Reed returned to the meeting at the completion of this item, the time being 9:01 PM

 

 

 

ITEM 9.10    SF734                170518      Addition of Crown Land being Lot 178 DP 727302 (car park in front of the Swimming Creek Caravan Park) to Crown Reserve 81006

197/18 RESOLVED:        (Finlayson/Reed)

 

1        That Nambucca Shire Council in its capacity as corporate manager of Nambucca Heads (R81006) Swimming Creek Public Recreation Reserve accept the inclusion of Crown Land being Lot 178 DP 727302 within that Reserve.

 

2        That Council’s seal be attached to any documents relating to the transfer of the land to R81006 as may be required.

 

 

 

 

 

 

 

 

 

ITEM 9.11    SF251                170518      Schedule of Council Public Meetings 2018

198/18 RESOLVED:        (Wilson/Ainsworth)

 

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

 

2        Council note the Special (Budget) Council Meeting scheduled for 5.30 pm Wednesday 23 May commencing at 5.30 pm in the Council Chambers.

 

 

 

 

ITEM 9.12    SF2329              170518      Progress with Macksville CBD Revitalisation

199/18 RESOLVED:        (Ainsworth/Wilson)

 

1        That Council make provision for additional expenditure of $10,000 for architectural and design services for the Main Street Improvement Program.

 

2        That Council close off the opportunity for further Macksville CBD properties to come onto the “Main Street” program unless the property owners can demonstrate financial commitment to the implementation of a concept plan.

 

 

 

 

ITEM 9.13    SF2368              170518      Investment Report to 30 April 2018

200/18 RESOLVED:        (Ainsworth/Reed)

 

That the Accountants’ Report on Investments placed to 30 April 2018 be noted.

 

 

 

 

ITEM 9.14    SF2460              170518      LEP & DCP Amendments - Horticulture, Clause 4.2A & Tree Preservation

201/18 RESOLVED:        (Finlayson/Ainsworth)

 

1        Subject to Paragraph (e) hereof, horticulture in areas zoned R5 will be subject to a development application and any approval shall include inter alia the following provisions:

 

         a        Where the property adjoins other land zoned RU1 or RU2 but where there is no existing house, no buffer will be required. No horticulture will be carried out within a radius of 100 metres of any existing house, the 100 metres being measured from the house, not the boundary

 

          b       Where the property adjoins other land zoned R5 which is vacant no horticulture will take place (including erection of netting) within 20 meters of the boundary and that 20 metres shall contain a 10 metre vegetative buffer.

 

         c        No building envelope shall be permitted to be located within 40 metres of a boundary on the other side of which horticultural activities have been permitted.

 

          d       When the property adjoins land zoned R5 on which houses are located, no horticulture will be permitted within a radius of 50 metres of that house (such radius measured from the house) and there shall be a vegetative buffer provided along the boundary of the said radius within the land where horticulture is to take place.

 

          e       No development application will be necessary in respect of any horticultural activity in respect of a crop having a productive duration of less than twelve months.

 

2        The applicant will ensure that any operations on the property requiring the use of chemicals shall be under the supervision of a person who is the holder of a Farm Safety Management Certificate and an Agricultural Chemical Users Certificate.

 

3        No bird netting shall be erected in any area zoned R5 of a colour other than black.

 

4        S149 Certificates issued by Council will be amended accordingly so that potential purchasers of property are put on notice of these requirements

 

5        That Council defer any decision on regulating horticulture in the RU1 and RU2 zones until the outcome of a similar proposal put forward by the Bellingen Shire Council is determined by the Minister.

 

6        That Council support the amendments to regulate tree clearing in the Pearl Estate and the proposed changes to Clause 4.2A in relation to the erection of dwellings. 

 

For the Motion:               Crs Hoban, Ainsworth, Finlayson, Jenvey, Jones, Reed, Smyth and Wilson

                                                Total (8)

 

Against the Motion:         Nil

                                      Total (0)

 

 

 

Item 9.15 was dealt with earlier in the meeting.

 

 

 

ITEM 9.16    SF688                170518      Project 'Protecting and Connecting Coastal Habitat Corridors at Mt Yarrahapinni' - Environmental Trust Project

202/18 RESOLVED:        (Smyth/Jenvey)

 

That Council allocate $10,000 from the Environmental Levy Reserve to support Council’s commitment to year 1 of the ‘Protecting and Connecting Coastal Habitat Corridor at Mt Yarrahapinni Project.’

 

 

 

 

ITEM 9.17    SF2423              170518      Development Applications greater than 12 months or where submissions received -  to 9 May 2018

203/18 RESOLVED:        (Reed/Finlayson)

That the information contained in the report on Development Applications greater than 12 months or where submissions have been received as at 9 May 2018 be noted by Council.

 

 

 

 

 

 

ITEM 9.18    SF2278              170518      Minutes of the Clean Energy Committee meeting held 2 May 2018

motion:      (Jenvey/Smyth)

 

1        That Council note the minutes of the Clean Energy Committee’s meeting of 2 May 2018

 

2        That the unspent funds (currently $42,000) in the Climate Change Adaptation portion of the 2017/2018 Environmental Levy Budget be placed in reserve, noting that these funds are likely to be called upon for Climate Change Adaptation projects in the 2018/2019 financial year.

 

3        That Council note the Committee’s support to include $50,000 in the Climate Change Adaptation portion of the 2018/2019 Environmental Levy budget.

 

4        That Council note the Committee’s recommendation to place the draft Climate Change policy as reported to them on public exhibition, with a final resolution to be made concerning this by Council once feedback has been received from the Estuary Committee.

 

5        That, once exhibited, any submissions made by the public concerning the draft Climate Change policy be circulated to the Committee prior to being reported to Council.

 

6        That Council endorse the draft budget contained within the Clean Energy Committee’s agenda, noting that its adoption or otherwise will occur when the entire Environmental Levy draft Budget and submissions to the draft Budget are reported to Council.

 

7        That Council note that staff have been consulted with concerning the installation of solar panels at the River Street Treatment Works, STW Tertiary Transfer Pump, River Street, Nambucca Emergency Management Centre and the Works Depot and on the Administration building.

 

8        That Council endorse the following five key actions under the Cities Power Partnership, noting that the Partnership focuses on progressing these actions, not on completing them within a particular time frame:

 

i         Install renewable energy (solar PV) on council buildings. Set targets to increase the level of renewable power for council operations over time.

ii        Investigate using unused council-managed land for renewable energy, for example landfills, and road reserves.

iii       Roll out energy efficient lighting (particularly street lighting) across the municipality.

iv       Provide EV charging infrastructure at one or two key locations in the shire for electric vehicles.

v        Implement an education and behaviour change program to influence the behaviour of local residents and businesses within the Shire to drive the shift to renewable energy, energy efficiency and sustainable transport. This will be a regional goal, carried out in partnership with Bellingen Shire Council and Coffs Harbour City Council, subject to their agreement, through the Our Living Coast partnership.

 

9        That Council note the outcome of the Carbon Leadership workshop held at Council on Thursday 19 April 2018.

 

Amendment:       (Ainsworth/Finlayson)

 

1        That Council note the minutes of the Clean Energy Committee’s meeting of 2 May 2018.

 

2        That the unspent funds (currently $42,000) in the Climate Change Adaptation portion of the 2017/2018 Environmental Levy Budget be placed in reserve, noting that these funds are likely to be called upon for Climate Change Adaptation projects in the 2018/2019 financial year.

 

3        That Council note the Committee’s support to include $50,000 in the Climate Change Adaptation portion of the 2018/2019 Environmental Levy budget.

 

4        That Council note the Committee’s recommendation to place the draft Climate Change policy as reported to them on public exhibition, with a final resolution to be made concerning this by Council once feedback has been received from the Estuary Committee and the general public.

 

5        That Council note the draft budget contained within the Clean Energy Committee’s agenda, noting that its adoption or otherwise will occur when the entire Environmental Levy draft Budget and submissions to the draft Budget are reported to Council.

 

6        That Council note that staff have been consulted with concerning the installation of solar panels at the River Street Treatment Works, STW Tertiary Transfer Pump, River Street, Nambucca Emergency Management Centre and the Works Depot and on the Administration building.

 

7        That Council endorse the following five key actions under the Cities Power Partnership, noting that the Partnership focuses on progressing these actions, not on completing them within a particular time frame:

 

i         Install renewable energy (solar PV) on council buildings. Set targets to increase the level of renewable power for council operations over time.

ii        Investigate using unused council-managed land for renewable energy, for example landfills, and road reserves.

iii       Roll out energy efficient lighting (particularly street lighting) across the Shire.

iv       Provide EV charging infrastructure at one or two key locations in the shire for electric vehicles.

v        Implement an educational program to encourage local residents and businesses within the Shire to drive the shift to renewable energy, energy efficiency and sustainable transport. This will be a regional goal, carried out in partnership with Bellingen Shire Council and Coffs Harbour City Council, subject to their agreement, through the Our Living Coast partnership.

 

8        That Council note the outcome of the Carbon Leadership workshop held at Council on Thursday 19 April 2018.

 

Amendment was carried and became the Motion.

 

204/18 Resolved:        (Ainsworth/Finlayson)

 

1        That Council note the minutes of the Clean Energy Committee’s meeting of 2 May 2018.

 

2        That the unspent funds (currently $42,000) in the Climate Change Adaptation portion of the 2017/2018 Environmental Levy Budget be placed in reserve, noting that these funds are likely to be called upon for Climate Change Adaptation projects in the 2018/2019 financial year.

 

3        That Council note the Committee’s support to include $50,000 in the Climate Change Adaptation portion of the 2018/2019 Environmental Levy budget.

 

4        That Council note the Committee’s recommendation to place the draft Climate Change policy as reported to them on public exhibition, with a final resolution to be made concerning this by Council once feedback has been received from the Estuary Committee and the general public.

 

5        That Council note the draft budget contained within the Clean Energy Committee’s agenda, noting that its adoption or otherwise will occur when the entire Environmental Levy draft Budget and submissions to the draft Budget are reported to Council.

 

6        That Council note that staff have been consulted with concerning the installation of solar panels at the River Street Treatment Works, STW Tertiary Transfer Pump, River Street, Nambucca Emergency Management Centre and the Works Depot and on the Administration building.

 

7        That Council endorse the following five key actions under the Cities Power Partnership, noting that the Partnership focuses on progressing these actions, not on completing them within a particular time frame:

 

i         Install renewable energy (solar PV) on council buildings. Set targets to increase the level of renewable power for council operations over time.

ii        Investigate using unused council-managed land for renewable energy, for example landfills, and road reserves.

iii       Roll out energy efficient lighting (particularly street lighting) across the Shire.

iv       Provide EV charging infrastructure at one or two key locations in the shire for electric vehicles.

v        Implement an educational program to encourage local residents and businesses within the Shire to drive the shift to renewable energy, energy efficiency and sustainable transport. This will be a regional goal, carried out in partnership with Bellingen Shire Council and Coffs Harbour City Council, subject to their agreement, through the Our Living Coast partnership.

 

8        That Council note the outcome of the Carbon Leadership workshop held at Council on Thursday 19 April 2018.

 

 

 

 

ITEM 9.19    SF2423              170518      2018 April - Approved Construction and Complying Development Certificates

205/18 RESOLVED:        (Reed/Finlayson)

 

That the Construction and Complying Development Certificates approved for April 2018 be noted and received for information by Council.

 

 

 

 

ITEM 9.20    SF2423              170518      2018 April - Development and Complying Development Applications Received

206/18 RESOLVED:        (Wilson/Ainsworth)

 

That the Development Applications and Complying Development Applications received in April 2018 be received for information.

 

 

 

 

ITEM 9.21    SF1148              170518      Council Ranger's Report April 2018

207/18 RESOLVED:        (Reed/Ainsworth)

 

That the Council’s Ranger’s report for April 2018 be received and noted by Council.

 

 

 


 

 

ITEM 9.22    SF2390              170518      Regional Growth Fund - Round 2: Stronger Country Communities Fund & Regional Sports Infrastructure Fund - Update on applications submitted by Council

208/18 RESOLVED:        (Jenvey/Wilson)

 

1        That the report be received and noted by Council.

 

2        That Council commit an amount of $37,000 from Working Funds, should the application submitted for Playing Fields and Amenities for urban growth area, South Macksville, be successful, in the Stronger Country Communities Fund – Round 2.

 

 

 

ITEM 9.23    SF25                  170518      Donations Program (Section 356) 2018/2019 - Late Applications for Approval for Waste Waivers - St Vincents de Paul Opportunity Shop, Macksville & Anglican Opportunity Shop, Nambucca Heads

209/18 RESOLVED:        (Reed/Jones)

 

That Council approves the applications for waste waivers for both the charitable organisations of the Anglican Opportunity Shop, Nambucca Heads and St Vincents de Paul Opportunity Shop, Macksville, for the 2018/2019 year.

 

 

 

ITEM 9.24    SF2358              170518      Draft Revenue Policy (Fees and Charges)

210/18 RESOLVED:        (Ainsworth/Finlayson)

 

That Council endorse the draft 2018-19 Revenue Policy (Fees and Charges) and that the draft documents be placed on display for public comment.

 

 

 

Assistant General Manager Engineering Services Report

 

 

Item 10.1 was dealt with earlier in the meeting.

 

 

 

ITEM 10.2    SF85                  170518      Emergency Services Annual Assessment Notice

211/18 RESOLVED:        (Ainsworth/Reed)

 

1        That Council receive and note that total Council annual contribution for Fire and Rescue NSW, the Rural Fire Service and the State Emergency Service is $352,986.12 and the contribution assessment has been placed into the draft 2018/19 budget.

 

2        That Council note that the individual contribution assessment totals are:

 

·          Fire and Rescue NSW                        $  63,711.00

·          NSW State Emergency Service          $  26,485.12

·          NSW Rural Fire Service                     $262,790.00

 

 

 

 

ITEM 10.3    SF722                170518      January and March 2018 Storm Events

212/18 RESOLVED:        (Ainsworth/Wilson)

 

That Council allocate an amount of $25,503.14 from working funds for emergency repairs charged to the rural unsealed roads maintenance allocation emanating from the January and March 2018 storm/flood events.

 

 

 

 

ITEM 10.4    SF143                170518      Investigation relating to purchasing of electric motor vehicles

213/18 RESOLVED:        (Wilson/Ainsworth)

 

1        Council continue with its current fleet arrangements to ensure Council’s vehicle fleet is managed to optimise the economic and environmental sustainability of these assets through the application of sound fleet management principles.

 

2        Council take no further action in purchasing an electric vehicle due to the purchase cost of the electric vehicles, their range limitation, unlikely return on investment and lack of infrastructure pertaining to electric vehicles.

 

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

 

4        Council note that the purchase of the fleet is through the “Prequalification Scheme”, Motor Vehicles Contract SCM0653.  These vehicles within the scheme have been assessed as meeting a pre-defined limit of CO2 g/km.

 

 

 

 

ITEM 10.5    SF1031              170518      Review of Sustainable Fleet and Plant Policy

214/18 RESOLVED:        (Smyth/Jenvey)

 

1        That Council receive and note the amendments to the Sustainable Fleet and Plant Policy (TRIM 15554/2018) which incorporates a statement for Electric Vehicles and other emerging technologies and note that it will replace the current policy (Our Ref: TRIM 39599/2015).

 

2        That the Amended Policy be placed on public exhibition.

 

 

 

 

ITEM 10.6    SF453                170518      Waste Management Quarterly Report January - March 2018

215/18 RESOLVED:        (Ainsworth/Finlayson)

 

That Council receive and note the information provided in the Waste Management Quarterly Report for the period 1 January – 31 March 2018.

 

 

     

 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

216/18 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 11.1    SF1549              170518      Incidents Pertaining to Regulatory Non-Compliance, Fines, Penalties, Prosecutions, Potential Major Claims or Loss of Reputation

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.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 11.2    DA2009/119        170518      Deferred Developer Contribution Request - Tony and Belinda Smith, 82 Smiths Lane, Congarinni North - Supporting Documentation

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 10.12pm.

 

RESUME IN OPEN MEETING

217/18 RESOLVED:        (Reed/Ainsworth)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at  10.18 pm

 

 


 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 11.1    SF1549              170518      Incidents Pertaining to Regulatory Non-Compliance, Fines, Penalties, Prosecutions, Potential Major Claims or Loss of Reputation

218/18 RESOLVED:        (Reed/Ainsworth)

 

That the information concerning incidents pertaining to regulatory non-compliance, fines, penalties, prosecutions, potential major claims or loss of reputation be received.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 11.2    DA2009/119        170518      Deferred Developer Contribution Request - Tony and Belinda Smith, 82 Smiths Lane, Congarinni North - Supporting Documentation

219/18 RESOLVED:        (Ainsworth/Reed)

 

That the information concerning the supporting documentation for a deferred developer contribution request from Tony and Belinda Smith be received.

 

 

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 10.20pm. 

 

Confirmed and signed by the Mayor on 31 May 2018.

 

 

 

 

 

 

 

Cr Rhonda Hoban

MAYOR

(CHAIRPERSON)