PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Susan Jenvey

Cr David Jones (Entered at 5.39pm)

Cr Janine Reed

Cr Anne Smyth

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Paul Gallagher (AGM Engineering Services)

Lorraine Hemsworth (Minute Secretary)

 

 

APOLOGIES

 

Cr John Wilson

 

 

 

PRAYER

 

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

 

 

DISCLOSURE OF INTEREST

 

Councillor Anne Smyth declared a non-pecuniary – significant conflict interest in Item 9.6 Request for donation – Bowraville Community Development Association Inc under the Local Government Act as Cr Smyth is a member of the Bowraville Community Development Association. Cr Smyth left the meeting for this item.

 

Mr Michael Coulter declared a non-pecuniary - significant conflict of interest in Item 10.1 Review of Draft Beach Management Policy under the Local Government Act as Mr Coulter is the Secretary of the Macksville-Scotts Head Surf Life Saving Club and the provisions in the Policy will affect the work required to organise surf carnivals and other Surf Life Saving events.  Mr Coulter left the meeting for this Item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 17 May 2018 and special council (BUDGET) meeting 23 May 2018:

220/18 RESOLVED:        (Jenvey/Ballangarry)

 

1           That the minutes of the Ordinary Council Meeting of 17 May 2018 be confirmed.

 

221/18 Resolved:        (Ainsworth/Ballangarry)

 

2        That the minutes of the Special Council (Budget) Meeting 23 May 2018 be confirmed.

 

 

 

 

NOTICE OF MOTION - CR Reed

ITEM 5.1      SF2433              310518      NOTICE OF MOTION - Request for Leave of Absence - Cr Janine Reed for 14 June 2018

222/18 RESOLVED:        (Reed/Ainsworth)

 

That Cr Janine Reed be granted leave of absence in accordance with Section 234(d) of the Local Government Act for Thursday 14 June 2018 to attend the Mid North Coast Local Health District’s Award presentation.

 

 

 

NOTICE OF MOTION - CR Ballangarry

ITEM 5.2      SF2433              310518      NOTICE OF MOTION - Request for Leave of Absence - Cr Martin Ballangarry OAM from 4 to 8 June 2018 inclusive

223/18 RESOLVED:        (Ballangarry/Jenvey)

 

That Cr Martin Ballangarry OAM be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 4-8 June 2018 inclusive.

 

   

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                310518      Outstanding Actions and Reports

224/18 RESOLVED:        (Ainsworth/Reed)

 

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

 

 

 

ITEM 9.2      SF2423              310518      Development Applications greater than 12 months or where submissions received -  to 23 May 2018

225/18 RESOLVED:        (Ainsworth/Reed)

That the information contained in the report on Development Applications greater than 12 months or where submissions have been received as at 23 May 2018 be noted by Council.

 

 

 

ITEM 9.3      SF941                310518      Draft Nambucca Shire Council Strategic Tourism Plan

226/18 RESOLVED:        (Reed/Ainsworth)

 

1        That Council place the draft Nambucca Shire Strategic Tourism Plan 2018-2023 on exhibition for comment by the public.

 

2        That the consideration of comments regarding the 12 undertakings made by Mr Stuart Holmes on behalf of Lifetime Connect Incorporated at the Council meeting on 16 March 2017 be deferred.

 

 

 

 

ITEM 9.4      SF2422              310518      Minutes of the Nambucca Shire Council Access Committee meeting held 24 April 2018

227/18 RESOLVED:        (Smyth/Jenvey)

 

That Council endorse the minutes of the Nambucca Shire Council Access Committee meeting held 24 April 2018.

 

 

 

 

ITEM 9.5      SF941                310518      North Coast Destination Management Plan 2018 to 2021

228/18 RESOLVED:        (Finlayson/Ainsworth)

 

That Council receive and note the North Coast Destination Management Plan 2018-2021.

 

 

 

Councillor Anne Smyth left the meeting before the commencement of this item, the time being 5:49 PM

ITEM 9.6      SF25                  310518      Request for Donation - Bowraville Community Development Association Inc

229/18 RESOLVED:        (Ainsworth/Jenvey)

 

1        That Council approve a Section 356 donation of $400.00, to assist with the cost of upgrade works of the Pioneer Community Centre at Bowraville.

 

2        That Council approve an additional amount of $8,000.00 to be included in the Donations budget for the 2017/2018 year to cover all donations approved.

 

Councillor Anne Smyth returned to the meeting at the completion of this item, the time being 5:51 PM

 

 

ITEM 9.7      SF251                310518      Schedule of Council Public Meetings 2018

230/18 RESOLVED:        (Ainsworth/Finlayson)

 

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

 

 

ITEM 9.8      SF1031              310518      Amendment to Companion Animals Policy

231/18 RESOLVED:        (Hoban/Reed)

 

1        That Council staff publicly exhibit the draft ‘Companion Animals Control of Dogs and Cats Policy’ contained within attachment 2 for 28 days.

 

2        That Council staff report to Council once public exhibition of the draft policy is completed to determine if Council will proceed with its adoption.

 

3        That Council not permit the creation of public dog parks within the shire.

 

4        That Staff include a clause that allows dogs on leads in all of the Taylors Arm Reserve with the exception of the Playground and Sports Field.

 

 

ITEM 9.9      SF2361              310518      March 2018 Budget Review

232/18 RESOLVED:        (Ainsworth/Ballangarry)

 

1        That the budget review for the quarter ended 31 March, 2018 be received.

 

2        That the recommended increases and decreases in votes be included as subsequent votes for the financial year 2017/2018.

 

 

 

ITEM 9.10    SF468                310518      Request for Financial Investment (Donation) for ProAg 2018

233/18 RESOLVED:        (Ainsworth/Reed)

 

That Council provide sponsorship of $3,500 (incl GST) for ProAg 2018 and in kind support in the form of hanging roadside banners, display of messages via the Variable Message Board (if available) and installation of a Speed Zone at the Showground.

 

 

 

General Manager Report - LATE

ITEM 9.11    SF42                  310518      Formation of Joint Organisations

234/18 RESOLVED:        (Ainsworth/Finlayson)

 

That Council seek the support of Clarence Valley and Coffs Harbour City Councils in making further representations to the Deputy Premier, the Minister for Local Government and its local State Members for the establishment of a Joint Organisation comprising Clarence Valley, Coffs Harbour, and the Nambucca local government areas.  Further that Bellingen Shire Council be accepted as a member of the proposed Joint Organisation should they obtain approval to withdraw from the announced Mid North Coast Joint Organisation.

 

 

 


 

Assistant General Manager Engineering Services Report

 

Mr Michael Coulter left the meeting before the commencement of this item, the time being 6:43 PM

 

ITEM 10.1    SF1031              310518      Review of Draft Beach Management Policy

235/18 RESOLVED:        (Reed/Jenvey)

 

1        That Council receive and note the new Draft Beach Management Policy which encompasses the existing policies and the introduction of two new statements and procedures into one standalone document as follows :

 

a)   Two new statements and procedure within the Draft Beach Management Policy relating to shark siting / incident management and mammal disposal; and the incorporation of the following existing policies into one standalone document;

b)   Beaches – General bonfires and damage (Our Ref 3958/2006)

c)   Beaches – General horses on beaches  (Our Ref: 3959/2006)

d)   Beaches – Inspectors/lifesaving Authority to patrol beaches and to train (Our Ref: 3961/2006)

e)   Vehicular access to beaches (Our Ref: 4331/2013)

 

2        That there be additional text relating to the protection of migratory shore birds.

 

3        That Council place the Draft Beach Management Policy (Our Ref: 47676/2017) on public exhibition for a period of 28 days seeking comment,

 

4        That Council advise the Vehicular Access To Beaches Committee members, Macksville-Scotts Head and Nambucca Heads Surf Life Saving Clubs Inc committees, SLS NSW and DPI  - Fisheries NSW that the Draft Beach Management Policy is on public exhibition and can be viewed on Council’s website should they wish to make any further comment.

 

5        That a further report be provided to Council following the closing of the exhibition period advising of any comments received from Councillors, the agencies listed in recommendation No. 2 and the general public detailing any potential amendments to the document and seeking formal adoption of the Draft Beach Management Policy.

 

Mr Michael Coulter returned to the meeting at the completion of this item, the time being 6:50 PM

 

 

 

ITEM 10.2    SF1676              310518      2017-18 Capital Works Program Monthly Report

236/18 RESOLVED:        (Ainsworth/Reed)

 

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

 

2        That Council revote the allocation of $239,188 remaining on WO 3231 Riverside Drive and include the funding in the 2018/19 Capital Works Program.

 

3        That Council note that an amount of $50,000 is required to be carried forward into 2018/19 Capital Works Program for the final contract payment on WO 3235 Rural Fire Service station extension at Eungai.

 

4        That Council note that an amount of $50,000 is anticipated to be carried forward into 2018/19 Capital Works Program for the final contract payment on WO 3053 Valla Beach Reserve amenities.

 

5        That Council revote the allocation of $85,286.00 across WO’s 3261 and 3268 Scotts Head Tennis Club and include the funding in the 2018/19 Capital Works Program.

 

6        That Council reallocate the savings of $100,000 from within the Urban Street Rehabilitation Program onto WO 3203 Mann Street.

 

7        That Council revote the allocation of $135,000 remaining on WO 2352 Bowraville STP - Upgrades of Recycled Water System and include the funding in the 2018/19 Capital Works Program.

 

 

 

 

ITEM 10.3    SF674                310518      China National Sword Policy

237/18 RESOLVED:        (Ainsworth/Ballangarry)

 

That Council receive and note the information and prepare a media release to provide advice to residents that they need to keep recycling and that it is even more important to ensure only the correct materials are placed in the recycling bins.

 

 

 

 

ITEM 10.4    SF85                  310518      Minutes of the NSW Rural Fire Service Level Agreement Zone Liaison Committee meeting - 9 May 2018

238/18 RESOLVED:        (Ainsworth/Ballangarry)

 

That Council receive and note the report for the NSW Rural Fire Service Level Agreement Zone Liaison Committee Meeting held on 9 May 2018.

 

 

 

 

ITEM 10.5    SF722                310518      Changes to Natural Disaster Relief and Recovery arrangements (NDRRA)

239/18 RESOLVED:        (Ainsworth/Jenvey)

 

1        That Council continue under the existing funding model arrangement in which Council pays 25 per cent of the first $116,000 (excluding GST) or $29,000 of the eligible costs arising from a declared disaster and nothing thereafter.

 

2        That Council note that under the existing funding model arrangement all works will be required to be undertaken by contractors and will exclude the use of Council day labour.

 

3        That there be representations in relation to the possibility of multiple natural disaster declarations affecting LGAs in a region whereby consideration be given to waiving the requirements for contractors to undertake work and to allow both contractors and day labour.

 

 

 

 

ITEM 10.6    SF1067              310518      Rock Fishing Safety Act 2016 and Safety Initiative

240/18  RESOLVED:                 (Ainsworth/Jones)

 

That the matter on the Rock Fishing Safety Act 2016 and Safety Initiative be deferred.

 

 

 

 

ITEM 10.7    SF621                310518      Notification of determination of Aboriginal Land Claim 6596 - Granted

241/18 RESOLVED:        (Ainsworth/Ballangarry)

 

That Council receive and note the determination of the Aboriginal Land Claim 6596 over Lot 7302 DP 1146646, Wilson Road, Congarinni North and update the Land Register to remove the parcel of land from Council care and control.

 

 

     

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

242/18 RESOLVED:        (Reed/Ainsworth)

 

1        That Council consider any written representations from the public as to why the Meeting should not be Closed to the public.

 

2        That Council move into Closed Meeting to discuss the matters for the reason(s) listed below.

 

Reason reports are in Closed Meeting:

 

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 11.1    SF2432              310518      Notice of Change in Laws – China's National Sword Policy

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    SF1549              310518      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 11.3    SF2418              310518      Comparative Price and Availability of Industrial Land in Neighbouring Councils

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) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.24 pm.

 

RESUME IN OPEN MEETING

243/18 RESOLVED:        (Ainsworth/Finlayson)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at  7.39 pm

 

FROM COUNCIL IN CLOSED MEETING

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 11.1    SF2432              310518      Notice of Change in Laws – China's National Sword Policy

244/18 RESOLVED:        (Ainsworth/Reed)

 

Council receive and note the information and that Council has engaged HWL Ebsworth to act on behalf of Council and issue a letter disputing the Change in Law clause attributed to the National China Sword Policy.

 

 

For Confidential Business Paper in Closed Meeting

ITEM 11.2    SF1549              310518      Incidents Pertaining to Regulatory Non-Compliance, Fines, Penalties, Prosecutions, Potential Major Claims or Loss of Reputation

245/18 RESOLVED:        (Ainsworth/Finlayson)

 

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 11.3    SF2418              310518      Comparative Price and Availability of Industrial Land in Neighbouring Councils

246/18 RESOLVED:        (Reed/Jenvey)

 

That the information concerning the comparative price and availability of industrial land be received.

 

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.39 pm. 

 

Confirmed and signed by the Mayor on 14 June 2018.

 

 

 

 

 

 

Cr Rhonda Hoban

MAYOR

(CHAIRPERSON)