council minutes 8 december 2015 - city of lismore

Council Minutes

8 December 2015

Lismore City Council Minutes of Council Meeting held 8 December 2015 1

MINUTES OF THE ORDINARY MEETING OF THE COUNCIL OF THE CITY OF LISMORE HELD IN COUNCIL CHAMBERS ON TUESDAY, 8 DECEMBER 2015 AT 6.00PM

Present Mayor, Councillor Dowell; Councillors Battista, Bennett, Clough, Ekins, Houston,

Meineke, Ritchie, Scheibel and Smith, together with the General Manager, Executive Director-Sustainable Development, Executive Director-Infrastructure Services, Manager-Finance, Manager-Development & Compliance, Manager- Commercial Services, Manager-Assets, Manager- Integrated Planning, Senior Project Manager, Acting ESO Ecologist, Media and Community Relations Coordinator, and Councillor Support Officer

Confirmation of Minutes 244/15 RESOLVED that the minutes of the Lismore City Council held on 10 November 2015 be

confirmed. (Councillors Clough/Bennett)

Voting for: Councillors Battista, Bennett, Clough, Dowell, Ekins, Houston, Meineke, Ritchie, Scheibel and Smith

Voting against: Nil

Leave of Absence & Apologies 245/15 RESOLVED that an apology be accepted from Councillor Neil Marks and leave of absence

be granted, and a request for leave of absence for Councillor Dowell 15 January to 22 January 2016, Councillor Clough 20 December 2015 to 1 January 2016, Councillor Ritchie 18 February 2016 to 29 February 2016, Councillor Houston 22 December 2015 to 1 January 2016 (Councillors Smith/Clough)


Voting against: Nil

Council Minutes

8 December 2015


Condolences (John Francis Carlos Stretch 9.5.1924- 12.11.2015) John Stretch was born in Dungog, son of an Anglican minister whose father was an

Anglican Bishop. The Stretch family moved around various parishes in the Hunter region in those early years and, after schooling, like many young men, John saw the chance for adventure when WW2 broke out. John Joined the Airforce, training at Evans Head. Flying Officer Stretch received his wings at a ceremony at Oakes Oval, Lismore in 1943. After serving in USA, UK and New Guinea, John became a radio announcer and came to 2LM in Lismore. He joined a band as a double bass player and getting a lift home from a dance, he met his future wife Shirley Granger, daughter of then Mayor and businessman, Ray Granger. John joined the Granger family hardware business after their marriage and expanded the business to trade services including window and door manufacture. At the factory in South Lismore, John developed Versalite aluminium windows for which he won an Australian design award. The Stretches lived on Uralba Street and raised their three children Johnathan, Felicity and David. John served as President of the Lismore Chamber of Commerce and was passionate about the arts. Mayor Ray Granger became the first Chairman of the Arts Trust established by a small group of Councillors and prominent business people. John served as Chairman of the Lismore Arts Trust for 13 years and was instrumental in establishing the Lismore Art Prize in 1953. Under John Stretch’s leadership, the Gallery acquired many significant works. In addition John and Shirley donated numerous works and commissioned 30 others of Lismore buildings. The current value of works acquired through John’s efforts is estimated to be around $315,000. Financial contributions have also been generous. Over 60 years, John and Shirley Stretch remained strong and passionate supporters of Lismore, the City he loved and where he was named Citizen of the Year. He was most proud of being named a Patron of the Lismore Regional Gallery- along with wife Shirley, the late Margaret Olley and artist Digby Moran. Despite the controversies of some Lismore Art Prize winners and several other acquisitions and despite the repeated dashed hopes of a new gallery, he remained a staunch supporter of the need for a new gallery. Until ill health limited John’s ability in recent years, he and Shirley were frequent attendees at openings. John was a wonderful man. He died aged 91, in residential care in Ballina with his wife and daughter by his side. Brett Adlington and I represented Council and the Gallery at his funeral. John is survived by his wife of more than 60 years Shirley and their three children, grand -children and great grandchildren. I ask that you all stand as we show our respect for John Stretch with a minute silence.

Councillor Meineke arrived at meeting 6.07pm

Council Minutes

8 December 2015


Condolence Motion (John Frederick Magnay 17.6 1945 - 24.11.2015 John Magnay worked at Lismore City Council for an impressive 42 years and was very

highly regarded by past and present work mates many of whom attended his funeral on 30 November in a crowded St Andrews church. John was born in Kyogle on 17 June 1945. His parents, John and young sister Barbara lived in Kyogle, Goonengerry, Friday Hut and Clunes. Following the death of his mother and his father’s ill health, John left school early to help the support the family. He did National Service from 1965-1967 and it was as a Sapper in the Engineering corps that he obtained his truck licence. After his two years Nasho, John commenced work at Lismore City Council in 1967, as a labourer and then as a plant operator. He was a truck driver in the sewer section and over the years was a float driver and in the last years of his working life, a grader driver with our roads crew. He loved trucks and several photos at his funeral were of John in front of a Mack. John also worked on weekends as a CBD street sweeper and as a builder of rock walls. In 1970 he married Kathie in St Andrews Church and they built their home at 328 Dunoon Road where they raised their children Petrina and Clinton. John had an extensive veggie garden and chooks. He was a great cook and made sponge cakes as well as prizewinning pikelets. John retired in July 2010 and spent his time with his grandchildren, and helping others with cooking and driving to medical appointments and walking his dogs along Dunoon Road to chat to neighbours. He was a proud Broncos fan and a supporter of Queensland in State of Origin. John and his family would have hoped that he could have enjoyed a long and happy retirement. Sadly that was not to be as John died suddenly on Tuesday 24 November 2015, aged 70. At his funeral on Monday 30 November 2015, Council employees formed a guard of honour outside St Andrews as a show of respect and in honour of more than four decades service to Council and our community. His fellow workers describe Johnny or Maggie as they called him as a wonderful workmate. He rarely spoke about himself but always asked others how they were and if they were OK. Others describe him as being able to calm a situation and find a solution to a problem. The best quote of all was ‘John was a good example of what a Council employee should be- he did the right thing by the public and by the Council. It was how he was. ’ Our condolences go to his wife Kathie, Petrina and Rodney Little, Clinton and Rochelle Magnay and his six grandchildren Olivia, Zac, Ben, Lachlan, Ella and Erica. I ask that you all stand as we show our respect for John Magnay with a minute silence.

Disclosure of Interest

Council Minutes

8 December 2015


Disclosure of Interest (Cr Graham Meineke) declared a significant conflict of interest

in the following item and will leave the chambers

11.2 Development Application 2015/229 – Telstra mobile phone tower at 2 Falls Road, Nimbin Nature of Interest: My client owns land and I prepared a development application that is unrelated to the Telstra Tower, but it is currently being considered by Council staff

Disclosure of Interest (Cr Isaac Smith) declared a significant conflict of interest in

the following item and will leave the chambers

11.4 DA15/165 Subdivision at 224 Invercauld Road into 130 lots – Residential Lot Layout Nature of Interest: Close family friends on the adjoining properties

Disclosure of Interest (Cr Mathew Scheibel) declared a significant conflict of interest

in the following item and will leave the chambers

11.11 Tender No. T2015-22 – Supply of Vacuum Excavation Services Nature of Interest: Our company engages the No. 1 and No. 2 preferred Tender’s Non Pecuniary but significant

Public Access Session

Prior to dealing with the circulated reports and associated information, a Public Access Session was held at which Council was addressed by the following:

Nancy Casson– 11.1 City Hall Public Art and Lions Fountain

Spoke in favour of the recommendations and posed questions and response about the heritage listing of the Lions Fountain and placement of art works for consideration.

At this juncture Councillor Meineke left the meeting Rob Lonetree – 11.2 Development Application 2015/229 - Telstra mobile phone tower

at 2 Falls Road, Nimbin

Spoke against the development application and raised concerns about the visual impact and health impacts.

Darren Mason & Vanessa Davies – 11.2 Development Application 2015/229 - Telstra

mobile phone tower at 2 Falls Road, Nimbin

Spoke in favour of the development application and provided background information on why the tower was necessary and process undertaken to determine the preferred location.

At the Juncture Councillor Meineke returned to the meeting Diana Roberts – 11.3 Development Application 2015/170 - Tourist and Visitor

Accommodation at 80-82 Cullen Street, Nimbin

asked Councillors to consider a number of items which were raised as concerns by a

Council Minutes

8 December 2015


number of community groups from Nimbin.

Damian Chapelle – 11.3 Development Application 2015/170 - Tourist and Visitor

Accommodation at 80-82 Cullen Street, Nimbin

Spoke in favour of the development application and highlighted where it satisfied strategic objectives around tourism and extends stays. It was acknowledged that there were some specific items to be addressed.

At this juncture Councillor Smith left the meeting Adrian Zakaras Civil Tech – 11.4 DA15/165 Subdivision at 224 Invercauld Road into

130 lots – Revised Lot Layout

Spoke in favour of the recommendations and advised the developer was eager to answer any questions, gain consent and progress the development.

David Moodie – 11.4 DA15/165 Subdivision at 224 Invercauld Road into 130 lots –

Revised Lot Layout

Spoke against the recommendations and raised a number of concerns that some elements from the charrette are not included as agreed in the development application

At this juncture Councillor Smith returned to the meeting Wayne Jarrett – 11.5 Planning Proposal 209 Bangalow Road, Howards Grass

Spoke in favour of the planning proposal and provided some background on the family ownership, development intension and sympathetic considerations of the local environment included.

Jennifer Kirton – Companion Animals – Off Leash Area at Goonellabah

Spoke against the recommendation as the area is considered environmentally sensitive. Raised a number of issues for Councillors to consider and encouraged Councillors to vote for Hepburn Park as the preferred location.

Bill Oddie – Lismore Base Hospital Precinct Parking Strategy

Spoke against the proposed the proposed paid parking scheme and raised concerns about the number of short term parking spots, limited parking available in the parking station and impacts this will have on hospital staff.

Neville King – Amendments to Imagine Lismore 4 Year Plan 2013-2017 and long term

Financial Plan 2015-2025

Spoke against the recommendations and highlighted the strong level of community objection to the special rate variation and feels the Council did not adequately consider

Council Minutes

8 December 2015


affordability impact on ratepayers as required by IPART.

Public Question Time At this juncture Councillor Smith left the meeting as a member of the gallery spoke on report 11.4 DA15/165 Subdivision at 224 Invercauld Road into 130 lots – Revised Lot Layout

Altering Order of Business

246/15 RESOLVED that the order of business be altered to debate the following matter raised

during Public Access: 11.13 Amendments to Imagine Lismore 4 Year Plan 2013-2017 and Long Term

Financial Plan 2015-2025 (Councillors Bennett/Clough)


Voting against: Nil

Reports 11.1 City Hall Public Art and Lions Fountain

247/15 RESOLVED that Council resolve:

1. to refurbish the Lions Fountain outside City Hall as outlined in the report.

2. endorse the City Hall Lions public art project as conceived by artist Scott Harrower as outlined in the report.

3. to note the funding sources to complete the works outlined above and to write to the District Governor for the Lions Multiple District (Australia) District Q1 201 in appreciation for committing part of the funds.

4. to add the refurbished Lions Fountain to Council’s asset register and to commit to its ongoing maintenance as outlined in the report.

(Councillors Bennett/Smith) (BP15/1081)

Voting for: Councillors Battista, Bennett, Clough, Dowell, Ekins, Houston,

Council Minutes

8 December 2015


Meineke, Ritchie, Scheibel and Smith

Voting against: Nil

At this juncture Councillor Meineke left the meeting 11.2 Development Application 2015/229 - Telstra mobile phone tower at 2 Falls Road,

Nimbin

A MOTION WAS MOVED that the Development Application No. 2015/229 proposing a new Telstra mobile phone tower at 2 Falls Road, Nimbin, be refused for the following reasons: a) The proposal will result in adverse and unacceptable visual impacts when viewed from

public roads including Cecil Street and Cullen Street, Nimbin that cannot be adequately mitigated by conditions of consent.

b) The proposal is not in the public interest. (Councillors Ekins/Ritchie) On submission to the meeting the Motion was Defeated (Section 375A Voting Record)

Voting for: Councillors Clough, Ekins, Meineke and Ritchie

Voting against: Councillors Battista, Bennett, Dowell, Houston, Scheibel and Smith

A FORESHADOWED MOTION WAS MOVED that. Pursuant to section 80 of Environmental Planning and Assessment Act 1979 (as amended) that Council, as the consent authority, grant consent to Development Application No. 5.2015.229.1 for a proposed new mobile phone base station at 2 Falls Road, Nimbin, subject to the following conditions: STANDARD 1. In granting this development consent, Council requires:

All proposed buildings/structures be constructed in accordance with any amendment or modification outlined in these conditions

All proposed works be carried out in accordance with any amendment or modification outlined in these conditions

Any proposed use of buildings or land be in accordance with any amendment or modification outlined in these conditions

and be substantially in accordance with the stamped approved plan(s), being:

Council Minutes

8 December 2015


Plans numbered Drawn by Issue Date N109773 Sheet No. S1

Aurecon 2 23.07.15

N109773 Sheet No. S3

Aurecon 2 23.07.15

and/or supporting documents submitted with the application. A copy of the approved plans are attached to this consent.

Reason: To correctly describe what has been approved (EPA Act Sec 79C). TOWN PLANNING 2. The telecommunications tower and associated equipment is to be painted or

constructed in a colour that will best assimilate and integrate with the vegetation back-ground of the surrounding visual landscape. The colour is to be approved in writing by a suitably qualified consultant and details demonstrating compliance with this requirement are to be submitted to with the Construction Certificate documentation.

Reason: To minimise the visual impact of the proposed tower upon the visual

landscape. 3. The telecommunications facility is to be removed from the site and the site reinstated

to a state similar to its original condition should it no longer be required. Reason: To ensure that the telecommunications facility is removed from the site

should it no longer be required. BUILDING 4. Provide a fence, hoarding or other measure to restrict public access to the site, when

work is not in progress or the site is otherwise unoccupied. The fence is to be provided prior to any work commencing on the site.

Reason: To protect the public.

5. Temporary toilet facilities must be provided on the site, prior to commencement of building works and must be maintained for the duration of the site works unless some other alternative arrangement is available.

Reason: To ensure the provision of minimum amenities to the site.

6. The telecommunications facility shall be:

designed and the construction details certified by a suitably qualified practising structural engineer; and

constructed in accordance with any applicable manufacturer’s specification.

Reason: To ensure the structural integrity of the structure and the facility is constructed in accordance with the manufacturer’s specifications.

7. All open trenching shall be guarded in accordance with Australian Standard Section 93.080 – Road Engineering AS1165 – 1982 – Traffic hazard warning lamps.

Reason: To ensure that open trenching complies with relevant Australian

Standards.

Council Minutes

8 December 2015


ENGINEERING 8. Prior to the commencement of the subject works, the principal contractor/consultant

must contact Council’s Development Engineering Assessment Officer to arrange a pre-start meeting. The developer shall appoint a site manager and advise the Council of his/her name and after hours phone contact. The manager shall be the point of contact for Council and the public. The all hours contact number should be clearly displayed at the site access. The following matters will be discussed at the pre-start meeting: a) Confirmation that the engineering drawings for the development have been

approved. b) Confirmation that pedestrian safety has been considered during construction –

in this regard a plan showing signage in compliance with the MUTCD is to be prepared.

c) Confirmation that an Erosion and Sediment Control Plan has been prepared for the site.

d) Confirmation that appropriate arrangements have been made for the parking by employees and subcontractors.

e) Confirmation that a Traffic Management Plan has been approved by Council. f) Confirmation an Arborist report has been approved by Council.

Reason: To ensure construction of the development adequately addresses pedestrian safety and is carried out in accordance with adopted standards

9. Prior to commencement of work, a Construction Traffic Management Plan shall be submitted to, and approved by, Council. Such plan shall include the following: a) scheduling of works so as to be completed in the shortest possible time with

minimal impact on the general community b) details of haulage routes to be utilised for delivery and removal of material from

the site c) traffic control plans prepared by an RMS accredited person for any works that

impact upon the movement of vehicles or pedestrians upon the public road and parkland.

Reason: To ensure activities relating to the development do not interfere with the movement of traffic along the public road. (EPA Act Sec 79C(b))

10. All works, services, facilities and/or public utility alterations required by this approval or stated conditions whether carried out by Council or otherwise, shall be at the proponent’s expense and at no cost to Council.

Reason: To provide adequate services for the development (EPA Act Sec 79C(c)).

ROADS 11. Prior to commencement of any works upon the site, the proponent shall obtain a

Construction Certificate for the proposed works. The construction certificate application shall include full design details of the proposed engineering works to satisfy the relevant conditions. Such application shall be accompanied with the relevant fee, as adopted at the time of the payment, as indicated in Council’s Fees and Charges.

NOTE: Where a development is proposed to be staged, then appropriate plans to satisfy this condition for that stage shall be submitted and approved by Council prior to commencement of works. Reason: To ensure an adequate road network in accordance with adopted standards (EPA Act Sec 79C(a)) and to comply with requirements of EPA Act Sec 81A(4).

12. Prior to the issue of the Construction Certificate, approval under section 138 of the

Roads Act for any works upon the public road shall be obtained. For this approval, full design plans of the proposed engineering works required upon the public road shall be submitted to and approved by Council. Plans shall include details of works required to satisfy the relevant condition. Such plans shall be accompanied with the fee, as adopted at the time of the payment as indicated in Council’s Fees and

Council Minutes

8 December 2015


Charges. Reason: To ensure an adequate road network in accordance with adopted standards can be provided (EPA Act Sec 79C(a)) and to specify requirements for approval under section 138 of the Roads Act.

VEHICLE ACCESS 13. Prior to the issue of any Occupation Certificate, a vehicular access from the edge of

the road pavement to the development site shall be constructed in accordance with the Council's Design and Construction Specification for Vehicular Access. In this regard, a compacted gravel area is to be provided to cater for the manoeuvring of the service vehicles.

Reason: To ensure adequate access to and from the development (EPA Act Sec 79C(c)).

14. Prior to the commencement of works on site, a detailed report from a suitably qualified Arborist is required to be submitted to Council for approval, stating any trees affected by the gravel pavement and construction traffic over the root system will not be adversely affected.

Reason: To preserve the environment and existing or likely future amenity of the neighbourhood. (EPA Act Sec 79C(b))

AMENITY 15. The hours of work for any noise generating activity relating to the construction of the

proposed development are to be limited to the following time restrictions: Monday to Friday 7.00am to 6.00pm Saturday 8.00am to 1.00pm No noise generating construction activities are to take place on Sundays or public

holidays. Reason: To preserve the environment and existing or likely future amenity of the neighbourhood (EPA Act Sec 79C(b)). CULTURAL HERITAGE 16. If it is suspected that Aboriginal material has been uncovered as a result of development activities within the Project Area:

(a) work in the surrounding area is to stop immediately (b) a temporary fence is to be erected around the site, with a buffer zone of at least

10m around the known edge of the site (c) an appropriately qualified archaeological consultant is to be engaged to identify

the material (d) if the material is found to be of Aboriginal origin, the Aboriginal community is to

be consulted in a manner outlined in the OEH guidelines: Aboriginal Cultural Heritage Consultation Requirements for Proponents (2010).

Reason: To protect Aboriginal and archaeological significance.

17. Although it is unlikely that Human Remains will be located at any stage during

earthworks within the Project Area, should this event arise, all works must halt in the immediate area to prevent any further impacts to the remains. The site should be cordoned off and the remains themselves should be left untouched. The nearest Police Station (Lismore), the Ngulingah LALC and the OEH Regional Office are all to be notified as soon as possible. If the remains are found to be of Aboriginal origin and the Police do not wish to investigate the site for criminal activities, the Aboriginal community and the OEH should be consulted as to how the remains should be dealt

Council Minutes

8 December 2015


with. Work may only resume after agreement is reached between all notified parties, provided it is in accordance with all parties’ statutory obligations.

In all dealings with Aboriginal human remains, the proponent should use respectful language, bearing in mind that they are remains of Aboriginal people rather than scientific specimens.


18. If Aboriginal cultural materials are uncovered as a result of development activities

within the Project Area, they are to be registered as Sites in the AHIMS database managed by the OEH. Any management outcomes for the site will be included in the information provided to the AHIMS.


19. All effort must be taken to avoid any impacts on Aboriginal Cultural Heritage values

at all stages during the development works. If impacts are unavoidable, mitigation measures should be negotiated between the proponent, OEH and the Aboriginal community.


TREE REMOVAL 20. The tree removal must be completed by an Arborist (AQF Level 3 qualifications) in

such a way so as to ensure no damage is caused to any surrounding vegetation or structures on the same or adjoining lots, including any boundary fence. It is recommended that all insurances are checked prior to works commencing on the site.

Reason: To ensure that tree removal is undertaken in a reasonable manner. 21. A minimum of six (6) trees must be planted within six (6) months of the removal of

the trees to compensate for loss of amenity. Species chosen are to be local native species, preferably selected from the native species list contained in Part 3 of Council’s Tree Preservation Order. Such trees are to be planted along the Falls Road frontage of the site between the proposed compound and the road so as to provide an increased vegetative buffer to/from the road.

Reason: To ensure that there is an appropriate level of vegetation off-set planting

and to minimise the visual impact of the compound from Falls Road. ENVIRONMENTAL 22. All waste materials generated from construction and/or demolition works shall only

be disposed at licensed waste management facilities capable of receiving the waste as classified under the NSW Department of Environment and Climate Change (EPA) guideline document ‘Waste Classification Guidelines: Part 1 Classifying Waste 20014’.

Reason: To protect the environment and manage wastes appropriately.

23. The installation and operations of the proposed development shall meet the

requirements of the Telecommunications Act 1997 and Radiocommunications

Council Minutes

8 December 2015


(Electromagnetic Radiation – Human Exposure) Standard 2003.

Reason: To protect public health. 24. The proposed noise generating construction activity and on-going land use shall not

result in the emission of offensive noise.

Offensive noise means: (a) that, by reason of its level, nature, character or quality, or the time at which it is

made, or any other circumstances: (i) is harmful to (or is likely to be harmful to) a person who is outside the

premises from which it is emitted, or (ii) interferes unreasonably with (or is likely to interfere unreasonably with)

the comfort or repose of a person who is outside the premises from which it is emitted, or

(b) that is of a level, nature, character or quality prescribed by the regulations or that is made at a time, or in other circumstances, prescribed by the regulations.


25. Prior to work commencing on the site, erosion and sediment control measures must

be put into place and be properly maintained to prevent soil erosion and the transport of sediment from the development site or into natural or constructed drainage lines or watercourses.

The measures must:

maximise the diversion of clean waters

minimise the extent and duration of disturbance

provide for appropriate water quantity and quality treatment and management

include devices and practices to prevent sediment being carried from the site by vehicles and plant including their tracks and tyres

manage all dust generated by the development.

Reason: To protect the environment from the effects of sedimentation and erosion from development sites.

BUSHFIRE ASSET PROTECTION ZONES 26. The intent of measures is to provide sufficient space and maintain reduced fuel loads

so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply: a) At the commencement of building works, and then in perpetuity, the property

around the proposed Telecommunications Facility (including monopole and associated buildings) to a distance of 10 metres, shall be maintained as an Asset Protection Zone (APZ).

b) The APZ shall be free of surface fuel and elevated fuel and should have minimum canopy, as identified in Practice Note 1/11 titled “Telecommunication Towers in Bush Fire Prone Areas”, Version 2, dated February 2012 and produced by the NSW Rural Fire Service.

BUSHFIRE - WATER AND UTILITIES 27. The intent of measures is to provide adequate services of water for the protection of

buildings during and after the passage of a bush fire, and to locate gas and electricity

Council Minutes

8 December 2015


248/15

so as not to contribute to the risk of fire to a building. To achieve this, water, electricity and gas are to comply with section 4.1.3 of ‘Planning for Bush Fire Protection 2006’.

Advisory Note The proposed telecommunications facility (30m monopole) is likely to be identified as “critical telecommunications infrastructure” and therefore should have materials selected in the construction that are able to withstand a Radiant Head Flux of 40kw/m2 during a bushfire event. (Councillors Ekins/Ritchie) (BP15/963) RESOLVED that: Pursuant to section 80 of Environmental Planning and Assessment Act 1979 (as amended) that Council, as the consent authority, grant consent to Development Application No. 5.2015.229.1 for a proposed new mobile phone base station at 2 Falls Road, Nimbin, subject to the following conditions: STANDARD 1. In granting this development consent, Council requires:

All proposed buildings/structures be constructed in accordance with any amendment or modification outlined in these conditions

All proposed works be carried out in accordance with any amendment or modification outlined in these conditions

Any proposed use of buildings or land be in accordance with any amendment or modification outlined in these conditions

and be substantially in accordance with the stamped approved plan(s), being:

Plans numbered Drawn by Issue Date N109773 Sheet No. S1

Aurecon 2 23.07.15

N109773 Sheet No. S3

Aurecon 2 23.07.15

and/or supporting documents submitted with the application. A copy of the approved plans are attached to this consent.

Reason: To correctly describe what has been approved (EPA Act Sec 79C). TOWN PLANNING 2. The telecommunications tower and associated equipment is to be painted or

constructed in a colour that will best assimilate and integrate with the vegetation back-ground of the surrounding visual landscape. The colour is to be approved in writing by a suitably qualified consultant and details demonstrating compliance with this requirement are to be submitted to with the Construction Certificate documentation.

Reason: To minimise the visual impact of the proposed tower upon the visual

landscape. 3. The telecommunications facility is to be removed from the site and the site reinstated

to a state similar to its original condition should it no longer be required. Reason: To ensure that the telecommunications facility is removed from the site

Council Minutes

8 December 2015


should it no longer be required. BUILDING 4. Provide a fence, hoarding or other measure to restrict public access to the site, when

work is not in progress or the site is otherwise unoccupied. The fence is to be provided prior to any work commencing on the site.

Reason: To protect the public.

5. Temporary toilet facilities must be provided on the site, prior to commencement of building works and must be maintained for the duration of the site works unless some other alternative arrangement is available.

Reason: To ensure the provision of minimum amenities to the site.

6. The telecommunications facility shall be:

designed and the construction details certified by a suitably qualified practising structural engineer; and

constructed in accordance with any applicable manufacturer’s specification.

Reason: To ensure the structural integrity of the structure and the facility is constructed in accordance with the manufacturer’s specifications.

7. All open trenching shall be guarded in accordance with Australian Standard Section 93.080 – Road Engineering AS1165 – 1982 – Traffic hazard warning lamps.

Reason: To ensure that open trenching complies with relevant Australian

Standards. ENGINEERING 8. Prior to the commencement of the subject works, the principal contractor/consultant

must contact Council’s Development Engineering Assessment Officer to arrange a pre-start meeting. The developer shall appoint a site manager and advise the Council of his/her name and after hours phone contact. The manager shall be the point of contact for Council and the public. The all hours contact number should be clearly displayed at the site access. The following matters will be discussed at the pre-start meeting: a) Confirmation that the engineering drawings for the development have been

approved. b) Confirmation that pedestrian safety has been considered during construction –

in this regard a plan showing signage in compliance with the MUTCD is to be prepared.

c) Confirmation that an Erosion and Sediment Control Plan has been prepared for the site.

d) Confirmation that appropriate arrangements have been made for the parking by employees and subcontractors.

e) Confirmation that a Traffic Management Plan has been approved by Council. f) Confirmation an Arborist report has been approved by Council.

Reason: To ensure construction of the development adequately addresses pedestrian safety and is carried out in accordance with adopted standards

9. Prior to commencement of work, a Construction Traffic Management Plan shall be submitted to, and approved by, Council. Such plan shall include the following: a) scheduling of works so as to be completed in the shortest possible time with

minimal impact on the general community b) details of haulage routes to be utilised for delivery and removal of material from

the site

Council Minutes

8 December 2015


c) traffic control plans prepared by an RMS accredited person for any works that impact upon the movement of vehicles or pedestrians upon the public road and parkland.

Reason: To ensure activities relating to the development do not interfere with the movement of traffic along the public road. (EPA Act Sec 79C(b))

10. All works, services, facilities and/or public utility alterations required by this approval or stated conditions whether carried out by Council or otherwise, shall be at the proponent’s expense and at no cost to Council.

Reason: To provide adequate services for the development (EPA Act Sec 79C(c)).

ROADS 11. Prior to commencement of any works upon the site, the proponent shall obtain a

Construction Certificate for the proposed works. The construction certificate application shall include full design details of the proposed engineering works to satisfy the relevant conditions. Such application shall be accompanied with the relevant fee, as adopted at the time of the payment, as indicated in Council’s Fees and Charges.

NOTE: Where a development is proposed to be staged, then appropriate plans to satisfy this condition for that stage shall be submitted and approved by Council prior to commencement of works. Reason: To ensure an adequate road network in accordance with adopted standards (EPA Act Sec 79C(a)) and to comply with requirements of EPA Act Sec 81A(4).

12. Prior to the issue of the Construction Certificate, approval under section 138 of the

Roads Act for any works upon the public road shall be obtained. For this approval, full design plans of the proposed engineering works required upon the public road shall be submitted to and approved by Council. Plans shall include details of works required to satisfy the relevant condition. Such plans shall be accompanied with the fee, as adopted at the time of the payment as indicated in Council’s Fees and Charges. Reason: To ensure an adequate road network in accordance with adopted standards can be provided (EPA Act Sec 79C(a)) and to specify requirements for approval under section 138 of the Roads Act.

VEHICLE ACCESS 13. Prior to the issue of any Occupation Certificate, a vehicular access from the edge of

the road pavement to the development site shall be constructed in accordance with the Council's Design and Construction Specification for Vehicular Access. In this regard, a compacted gravel area is to be provided to cater for the manoeuvring of the service vehicles.

Reason: To ensure adequate access to and from the development (EPA Act Sec 79C(c)).

14. Prior to the commencement of works on site, a detailed report from a suitably qualified Arborist is required to be submitted to Council for approval, stating any trees affected by the gravel pavement and construction traffic over the root system will not be adversely affected.


AMENITY 15. The hours of work for any noise generating activity relating to the construction of the

proposed development are to be limited to the following time restrictions: Monday to Friday 7.00am to 6.00pm Saturday 8.00am to 1.00pm

Council Minutes

8 December 2015


No noise generating construction activities are to take place on Sundays or public

holidays. Reason: To preserve the environment and existing or likely future amenity of the neighbourhood (EPA Act Sec 79C(b)). CULTURAL HERITAGE 16. If it is suspected that Aboriginal material has been uncovered as a result of development activities within the Project Area:

(a) work in the surrounding area is to stop immediately (b) a temporary fence is to be erected around the site, with a buffer zone of at least

10m around the known edge of the site (c) an appropriately qualified archaeological consultant is to be engaged to identify

the material (d) if the material is found to be of Aboriginal origin, the Aboriginal community is to

be consulted in a manner outlined in the OEH guidelines: Aboriginal Cultural Heritage Consultation Requirements for Proponents (2010).


17. Although it is unlikely that Human Remains will be located at any stage during

earthworks within the Project Area, should this event arise, all works must halt in the immediate area to prevent any further impacts to the remains. The site should be cordoned off and the remains themselves should be left untouched. The nearest Police Station (Lismore), the Ngulingah LALC and the OEH Regional Office are all to be notified as soon as possible. If the remains are found to be of Aboriginal origin and the Police do not wish to investigate the site for criminal activities, the Aboriginal community and the OEH should be consulted as to how the remains should be dealt with. Work may only resume after agreement is reached between all notified parties, provided it is in accordance with all parties’ statutory obligations.

In all dealings with Aboriginal human remains, the proponent should use respectful language, bearing in mind that they are remains of Aboriginal people rather than scientific specimens.


18. If Aboriginal cultural materials are uncovered as a result of development activities

within the Project Area, they are to be registered as Sites in the AHIMS database managed by the OEH. Any management outcomes for the site will be included in the information provided to the AHIMS.


19. All effort must be taken to avoid any impacts on Aboriginal Cultural Heritage values

at all stages during the development works. If impacts are unavoidable, mitigation measures should be negotiated between the proponent, OEH and the Aboriginal community.


TREE REMOVAL

Council Minutes

8 December 2015


20. The tree removal must be completed by an Arborist (AQF Level 3 qualifications) in such a way so as to ensure no damage is caused to any surrounding vegetation or structures on the same or adjoining lots, including any boundary fence. It is recommended that all insurances are checked prior to works commencing on the site.

Reason: To ensure that tree removal is undertaken in a reasonable manner. 21. A minimum of six (6) trees must be planted within six (6) months of the removal of

the trees to compensate for loss of amenity. Species chosen are to be local native species, preferably selected from the native species list contained in Part 3 of Council’s Tree Preservation Order. Such trees are to be planted along the Falls Road frontage of the site between the proposed compound and the road so as to provide an increased vegetative buffer to/from the road.

Reason: To ensure that there is an appropriate level of vegetation off-set planting

and to minimise the visual impact of the compound from Falls Road. ENVIRONMENTAL 22. All waste materials generated from construction and/or demolition works shall only

be disposed at licensed waste management facilities capable of receiving the waste as classified under the NSW Department of Environment and Climate Change (EPA) guideline document ‘Waste Classification Guidelines: Part 1 Classifying Waste 20014’.

Reason: To protect the environment and manage wastes appropriately.

23. The installation and operations of the proposed development shall meet the

requirements of the Telecommunications Act 1997 and Radiocommunications (Electromagnetic Radiation – Human Exposure) Standard 2003.

Reason: To protect public health.

24. The proposed noise generating construction activity and on-going land use shall not

result in the emission of offensive noise.

Offensive noise means: (a) that, by reason of its level, nature, character or quality, or the time at which it is

made, or any other circumstances: (i) is harmful to (or is likely to be harmful to) a person who is outside the

premises from which it is emitted, or (ii) interferes unreasonably with (or is likely to interfere unreasonably with)

the comfort or repose of a person who is outside the premises from which it is emitted, or

(b) that is of a level, nature, character or quality prescribed by the regulations or that is made at a time, or in other circumstances, prescribed by the regulations.


25. Prior to work commencing on the site, erosion and sediment control measures must

be put into place and be properly maintained to prevent soil erosion and the transport of sediment from the development site or into natural or constructed drainage lines or watercourses.

The measures must:

Council Minutes

8 December 2015


maximise the diversion of clean waters

minimise the extent and duration of disturbance

provide for appropriate water quantity and quality treatment and management

include devices and practices to prevent sediment being carried from the site by vehicles and plant including their tracks and tyres

manage all dust generated by the development.

Reason: To protect the environment from the effects of sedimentation and erosion from development sites.

BUSHFIRE ASSET PROTECTION ZONES 26. The intent of measures is to provide sufficient space and maintain reduced fuel loads

so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply: a) At the commencement of building works, and then in perpetuity, the property

around the proposed Telecommunications Facility (including monopole and associated buildings) to a distance of 10 metres, shall be maintained as an Asset Protection Zone (APZ).

b) The APZ shall be free of surface fuel and elevated fuel and should have minimum canopy, as identified in Practice Note 1/11 titled “Telecommunication Towers in Bush Fire Prone Areas”, Version 2, dated February 2012 and produced by the NSW Rural Fire Service.

BUSHFIRE - WATER AND UTILITIES 27. The intent of measures is to provide adequate services of water for the protection of

buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, water, electricity and gas are to comply with section 4.1.3 of ‘Planning for Bush Fire Protection 2006’.

Advisory Note The proposed telecommunications facility (30m monopole) is likely to be identified as “critical telecommunications infrastructure” and therefore should have materials selected in the construction that are able to withstand a Radiant Head Flux of 40kw/m2 during a bushfire event. (Councillors Scheibel/Bennett) (BP15/963) (Section 375A Voting Record)

Voting for: Councillors Battista, Bennett, Dowell, Houston, Meineke, Scheibel and Smith

Voting against: Councillors Clough, Ekins and Ritchie

11.3 Development Application 2015/170 - Tourist and Visitor Accommodation at 80-

Council Minutes

8 December 2015


82 Cullen Street, Nimbin

249/15 RESOLVED that:

1. Development Application No. 2015/170 lodged on the 29 June 2015 for a Tourist and Visitor Accommodation development, incorporating 32 accommodation rooms, administration/managers residence, on-site car parking, landscaping, tree removal, civil works and including a Voluntary Planning Agreement (VPA) at 80 – 82 Cullen Street be deferred.

2. The Council grant owner’s consent for the amendment of Development Application No. 2015/170 to include the provision of parking infrastructure on Council land within the car park located on Lot 310 DP 852412.

3. The applicant be requested to: a. reduce in the number of motel units by eight (8), by deleting one (1) of the four

(4) two storey prefabricated modular buildings. b. formalise the proposal for car parking to be provided on Council land within the

car park located on Lot 310 DP 852412. c. amend the following elements of the proposed administration / managers

residence building in accordance with Council’s Heritage / Urban Design Advisors comments and recommendations:

i. verandah design, construction and material finish; ii. shop front design configuration, construction and material finish; and iii. final design of the parapet (material) and mural.

d. amend the design of the perimeter fence in accordance with Council’s Heritage / Urban Design Advisors comments and recommendations. In particular, the amended design is to integrate a mix of materials in keeping with the proposed Cubes tourist accommodation modules, maintain casual surveillance from the public domain and where possible integrate landscape bays to improve its visual presentation, particularly to public interfaces such as the Cullen Street car park.

e. provide the following Arboricultural Report and Landscape Plan in accordance with the Council’s Ecologist / Arborist recommendation:

i. Arboricultural Report – demonstrating how the trees identified for retention/possible retention can be safely retained and incorporated into the development having regard to its layout, design, construction and operation and not have their longevity compromised; and

ii. Landscape Plan – detailing the proposed landscape plantings to supplement the trees being retained with the aim of preserve the landscape amenity lost by the trees being removed.

f. provide a Risk Assessment of the safety of the proposed driveway access onto Cullen Street. The Risk Assessment is to be prepared by a suitably qualified person and is to include, but not be limited to, consideration of the following factors:

i. the existing development (requires 12 parking spaces) when compared with the proposed development (proposes 15 parking bays);

ii. the speed environment; iii. the frequency of buses; iv. the duration of the buses stay at the set down area; v. the speed and number of vehicles exiting the site; and vi. the sight distance.

g. provide a BASIX Certificate for the proposed managers residence.

Council Minutes

8 December 2015


4. Council delegates to the General Manager pursuant to Section 377 of the Local

Government Act 1993 the following functions of Development Application No. 2015/170: a) in the event that additional information / amended plans are lodged by the

applicant, to notify the amended application in accordance with Part A, Chapter 10 – Notification and Advertising of Development Applications of the Lismore Development Control Plan; and

b) in the event that additional information / amended plans are lodged by the applicant, to assess the additional information / amended plans and determine the application having regard to the stated issues in (2) of this resolution.

5. In the event that the additional information / amended plans are not lodged as requested within 120 days, or the submitted information provided is not considered satisfactory, the application be referred back to the Council for determination.

(Councillors Clough/Smith) (BP15/900) (Section 375A Voting Record)


Voting against: Nil

Council Minutes

8 December 2015


At this juncture Councillor Smith left the meeting 11.4 DA15/165 Subdivision at 224 Invercauld Road into 130 lots - Revised Lot Layout

A MOTION WAS MOVED THAT:

1. Development Application No. 2015/165 lodged on 26 June 2015 for the subdivision of land at 224 Invercauld Road, Goonellabah into 130 lots be deferred.

2. The applicant be requested to lodge additional information as follows: (a) An amended Tree Removal Plan to demonstrate retention of at least 50% of

the existing trees on the site, with consideration given to retention of the trees in the Florence Street road reserve at the rear of the properties fronting Stevenson Street.

(d) An updated Koala Habitat Assessment / Management Plan (Koala Report) and Hairy Joint Management Plan (HJG MP) more accurately reflect the distribution and abundance of HJG in the site and associated amended recommendations for translocation and in situ protection.

(e) Submit a Vegetation Management Plan and Landscape and Open Space Plan as required by DCP Chapter 5A that ensures connectivity for koalas and other fauna from the west to the eastern side of the site. .

(g) Provide details of what is proposed at the intersection of Invercauld Road and Florence Street with supporting information to ensure safe traffic movement in this area.


Government Act 1993 the following functions in respect of Development Application No. 2015/165:

(i) Upon the receipt of additional information lodged by the applicant, to re-notify

the amended application in accordance with the Lismore Development Control Plan (DCP) - Chapter 10 - Notification and Advertising of Development Applications; and

(ii) in the event that additional information is lodged by the applicant, to determine the application having regard for the stated issues and concerns in (2) of this resolution.

4 In the event that additional information is not lodged as requested, or the submitted information provided is not considered satisfactory, the application be referred back to the Council for determination.

(Councillors Clough/Ritchie) (BP15/1082)

AN AMENDMENT WAS MOVED that:

Development Application No. 2015/165 lodged on 26 June 2015 for the subdivision of land at 224 Invercauld Road, Goonellabah into 130 lots be deferred.



Council Minutes

8 December 2015


250/15


(e) Submit a Vegetation Management Plan and Landscape and Open Space Plan as required by DCP Chapter 5A.

(g) Provide details of what is proposed at the intersection of Invercauld Road and Florence Street with supporting information to ensure safe traffic movement in this area.



(i) in the event that additional information is lodged by the applicant, to determine

whether or not to notify the amended application in accordance with the Lismore Development Control Plan (DCP) - Chapter 10 - Notification and Advertising of Development Applications; and

(ii) in the event that additional information is lodged by the applicant, to determine the application having regard for the stated issues and concerns in (2) of this resolution.

4. In the event that additional information is not lodged as requested, or the submitted

information provided is not considered satisfactory, the application be referred back to the Council for determination.

(Councillors Scheibel/Meineke) (BP15/1082) On submission to the meeting the AMENDMENT WAS DEFEATED (Section 375A Voting Record)

Voting for: Councillors Bennett, Meineke and Scheibel

Voting against: Councillors Dowell, Clough, Battista, Ekins, Houston and Ritchie

RESOLVED that:

2. Development Application No. 2015/165 lodged on 26 June 2015 for the subdivision of land at 224 Invercauld Road, Goonellabah into 130 lots be deferred.




(e) Submit a Vegetation Management Plan and Landscape and Open Space Plan as required by DCP Chapter 5A that ensures connectivity for koalas and other

Council Minutes

8 December 2015


fauna from the west to the eastern side of the site. . (g) Provide details of what is proposed at the intersection of Invercauld Road and

Florence Street with supporting information to ensure safe traffic movement in this area.



(iii) Upon the receipt of additional information lodged by the applicant, to re-notify

the amended application in accordance with the Lismore Development Control Plan (DCP) - Chapter 10 - Notification and Advertising of Development Applications; and

(iv) in the event that additional information is lodged by the applicant, to determine the application having regard for the stated issues and concerns in (2) of this resolution.

4 In the event that additional information is not lodged as requested, or the submitted information provided is not considered satisfactory, the application be referred back to the Council for determination.

(Councillors Clough/Ritchie) (BP15/1082) (Section 375A Voting Record)

Voting for: Councillors Battista, Clough, Dowell, , Houston and Ritchie

Voting against: Councillors Bennett, Meineke, Ekins and Scheibel

At this juncture Councillor Smith returned to the meeting 11.5 Planning Proposal 209 Bangalow Road, Howards Grass


1. adopt the revised Planning Proposal at 209 Bangalow Road, Howards Grass (part Lot 182 DP 787249) for the rezoning of the land to Zone R1 General Residential and the application of a 1000m2 minimum lot size and an 8.5m maximum height of buildings, as illustrated in Figures 3, 5 and 8 of this report;

2. refer the revised Planning Proposal to the Minister for Planning in accordance with section 58 of the Environmental Planning and Assessment Act 1979;

3. subject to any determination made by the Minister under section 58, make the Lismore Local Environmental Plan 2012 Amendment No. 13 in accordance with the Department of Planning and Environment’s written authorisation to exercise delegation; and

4. confirm the delegations of the General Manager to determine Development Application 15/76 for subdivision into two lots (and boundary adjustment) at 209 Bangalow Road, Howards Grass.

Council Minutes

8 December 2015


(Councillors Meineke/Clough) (BP15/867) (Section 375A Voting Record)


Voting against: Nil

11.6 Companion Animals - Off Leash Area at Goonellabah


1. Site 2 – Hepburn Park (Northern end adjoining Holland Street) be established as a fenced companion animal off-leash area, and that embellishments be provided that are consistent with the provisions of the South Australian publication ‘Unleashed – A Guide To Successful Dog Parks’, with final plans being the subject of concurrence from Council’s Executive Committee prior to commencement of works.

2. the project is funded from Section 94 Plan funds – Tucki Tucki Creek Embellishment to a maximum value of $30,000 and the 2015/16 Budget adjusted accordingly.

(Councillors Smith/Ritchie) (BP15/966)


Voting against: Nil

Council Minutes

8 December 2015


11.7 Lismore Base Hospital Precinct Parking Strategy

253/15 A MOTION was moved that:

This report and the following supporting documents:

a) Lismore Hospital Car Parking Strategy Background Information Sheet

b) Lismore Draft Parking Strategy Options Paper

c) Lismore Hospital Car Parking Strategy – Frequently Asked Questions

d) Parking Infrastructure Plan (as attached to this report)

e) Resident Parking Scheme (RPS) – Information Sheet

be adopted as the Lismore Base Hospital Car Parking Strategy for implementation.

2. A working group be established comprising Councillors and staff to:

a) finalise implementation details consistent with the adopted strategy, with regard to the comments and amendments arising from submissions to the proposal,

b) follow up any other implementation issues to ensure reasonable community expectations and an appropriate level of accountability

c) undertake a review through Council’s Traffic Advisory Committee process of the strategy within 12 months of implementation including consultation with affected residents at a coffee cart meeting and the Northern NSW Local Health District and University Centre for Rural Health via the health precinct steering group.

3. Council accept the tender from APARC for the purchase of parking meters (including full servicing).

4. An Internal Loan from Reserves is used to fund the implementation of the Lismore Base Hospital Precinct Parking Strategy and associated revenues used to repay the Internal Loan.

5. The 2015/16 Budget and Long Term Financial Plan is amended to reflect the Financial Summary – Lismore Base Hospital Precinct Parking Strategy for 2015/16 to 2019/20.

6. All surplus funds are reserved for application to future expenditure on road, parking and infrastructure improvements in a defined hospital precinct area determined by the working group.

7. Adopts the paid parking fees of $3 per hour for Uralba and Hunter Streets, and $7 per day in Dalziell Street as part of the Lismore Base Hospital Precinct Parking Strategy.

(Councillors Smith/Clough) (BP15/1091)

AN AMENDMENT WAS MOVED that:

1. This report and the following supporting documents:


Council Minutes

8 December 2015















7. Adopts the paid parking fees of $2 per hour up to four hours for Uralba and Hunter Streets, and $5 per day in Dalziell Street as part of the Lismore Base Hospital Precinct Parking Strategy.

(Councillors Bennett/Battista) (BP15/1091)

On submission to the meeting the AMENDMENT WAS DEFEATED

Voting for: Councillors Battista, Bennett, Ekins and Meineke

Voting against: Councillors Clough, Dowell, Houston, Ritchie, Scheibel and Smith

RESOLVED that:

1. This report and the following supporting documents:

Council Minutes

8 December 2015
















7. Adopts the paid parking fees of $3 per hour for Uralba and Hunter Streets, and $7 per day in Dalziell Street as part of the Lismore Base Hospital Precinct Parking Strategy.

(Councillors Smith/Clough) (BP15/1091)

Voting for: Councillors Clough, Dowell, Ekins, Houston, Meineke, Ritchie, Scheibel and Smith

Voting against: Councillors Battista and Bennett

11.8 Commercial Services Strategic Action Plans

254/15 RESOLVED that: Council adopts the Northern Rivers Waste, Lismore Memorial Gardens

Council Minutes

8 December 2015


and Workshop and Fleet Operations Strategic Action Plans as attached to this report.

(Councillors Scheibel/Houston) (BP15/1035)


Voting against: Nil

11.9 South Lismore Sewage Treatment Plant Specialist Assistance

255/15 RESOLVED that in accordance with Clause 55(3)(b) of the Local Government Act, Council

award the Principal’s Authorised Person role and the Early Tenderer Involvement facilitation role on the South Lismore Sewage Treatment Plant Upgrade project to NSW Public Works.

(Councillors Bennett/Scheibel) (BP15/1030)


Voting against: Nil

11.10 Tender No. T2015-39 - South Lismore Sewage Treatment Plant Upgrade

Expression of Interest

256/15 RESOLVED that :

1. Having conducted an Expression of Interest process, Council proceeds with a selective tender for the design and construction of the South Lismore Sewage Treatment Plant.

2. Prior to conducting the selective tender process, Council endorse the use of an early tenderer involvement (ETI) panel to finalise the specification and other documentation required for the selective tender process.

3. The following contractors be endorsed to participate in the ETI panel and subsequent selective tender:

o UGL Engineering

o Stirlock Constructions

o Monadelphous Water Infrastructure

o Abergeldie Complex Infrastructure.

4. That Council engage NSW Public Works for specialist assistance on the South Lismore Sewage Treatment Plant project through the Local Government Procurement Vendor Panel - LGP1208-2, to fulfil the Principal’s Authorised Person

Council Minutes

8 December 2015


role and the Early Tenderer Involvement facilitation role as outlined in the report. (Councillors Battista/Ritchie) (BP15/1017)


Voting against: Nil

At this juncture Councillor Scheibel left the room 11.11 Tender No. T2015-22 - Supply of Vacuum Excavation Services

257/15 RESOLVED that Council adopt the following order of priority for the engagement of pump-

out and vacuum excavation contractors for a two year period (with an option for an additional two years):

1. Eljo (Summerland Environmental) 2. Ballina Pumping 3. Handos Tanker Hire 4. Dynamic Excavations 5. Aussie Hydrovac 6. Patriot Environmental 7. Vac Group 8. Transpacific 9. Cummins Family Trust 10. Fenech Group

the General Manager be authorised to exercise the options to extend the contract for one-year period subject to satisfactory performance of the contractors.

the seal of Council be affixed to the contracts. (Councillors Battista/Ritchie) (BP15/994)

Voting for: Councillors Battista, Bennett, Clough, Dowell, Ekins, Houston, Meineke, Ritchie and Smith

Voting against: Nil

At this juncture Councillor Scheibel return to the meeting 11.12 Tender No. T2015-33 - Sewer Main Replacement NOROC Panel Contract

258/15 RESOLVED that :

Council Minutes

8 December 2015


1. Council adopt the panel of contractors outlined in the report’s conclusion as “Pre-Approved Providers” for the T2015-33 – Sewer Main Replacement NOROC Panel contract for a period of one year, with an option at Council's absolute discretion to extend the contract for a further two, one year periods.

2. The General Manager be authorised to award individual projects on the basis of the tendered schedule of rates and any necessary minor amendments or variations required to complete the work.

3. The General Manager be authorised to exercise the options to extend the contract for up to two, one year periods subject to satisfactory performance of the contractors.

(Councillors Clough/Ritchie) (BP15/1037)


Voting against: Nil

Council Minutes

8 December 2015


11.13 Amendments to Imagine Lismore 4 Year Plan 2013-2017 and Long Term

Financial Plan 2015-2025

259/15

.A MOTION WAS MOVED that: Council does not adopt the amendments to Imagine Lismore 4 Year Plan 2013-2017 and Long Term Financial Plan 2015-2025.

(Councillors Battista/Bennett) (BP15/1079)

In submission to the meeting the MOTION WAS DEFEATED

Voting for: Councillors Battista, Bennett, Meineke, Scheibel

Voting against: Councillors Clough, Smith, Dowell, Ekins, Houston and Ritchie

A FORESHADOWED MOTION WAS MOVED that: Receive and note public submissions received to the amended Imagine Lismore 4 Year

Delivery Plan 2013-2017, Long Term Financial Plan 2015-2025 and additional information on the proposed special rate variation.

2. Adopt proposed amendments to the Imagine Lismore 4 Year Delivery Plan 2013-2017 and Long Term Financial Plan 2015-2025.

3. All submissions received in both this consultation and the initial consultation is

submitted to IPART for consideration with Council’s Special Rate Variation application.


RESOLVED that:

1. Receive and note public submissions received to the amended Imagine Lismore 4 Year Delivery Plan 2013-2017, Long Term Financial Plan 2015-2025 and additional information on the proposed special rate variation.

2. Adopt proposed amendments to the Imagine Lismore 4 Year Delivery Plan 2013-2017 and Long Term Financial Plan 2015-2025.

3. All submissions received in both this consultation and the initial consultation is

submitted to IPART for consideration with Council’s Special Rate Variation application.


Voting for: Councillors Clough, Dowell, Ekins, Houston, Ritchie and Smith

Council Minutes

8 December 2015


Voting against: Councillors Battista, Bennett, Meineke and Scheibel

11.14 Investments - November 2015

260/15 RESOLVED that the report be received and noted.

Voting for: Councillors Battista, Clough, Dowell, Ekins, Houston, Meineke, Ritchie, Scheibel and Smith

Voting against: Councillor Bennett

(Councillors Houston/Clough) (BP15/683)

Committee Recommendations 12.1 Traffic Advisory Committee - Minutes of meeting of 18 November 2015

261/15 RESOLVED that the minutes be received and adopted and the recommendations

contained therein be adopted. (Councillors Clough/Ritchie) (BP15/1090)


Voting against: Nil

Documents for Signing and Sealing 13.1 Documents for Signing and Sealing

262/15 RESOLVED that the seal of Council be affixed to the following document:

P5749 Outdoor Dining Licence Agreement with Mr Gera Davidson comprising an area

of 6.4m2 over the footpath adjacent to the premises known as Café One-One-Four, 114 Keen Street, Lismore, being Lot 12, DP 733939, for the lease period of 9 November 2015 to 8 November 2017 at a Tier 2 annual rental according to the 2014/15 fees and charges, CPI indexed per annum.

(Councillors Clough/Houston) (BP15/1085)

Council Minutes

8 December 2015



Voting against: Nil

Financial Assistance – Section 356 14.1 Financial Assistance – Section 356 Report

1 Caitlin Bargwanna has been selected to compete in the national para-athlete Championships in Canberra in this months and is seeking financial support. ($50.00)

263/15 RESOLVED that: In accordance with Section 356(1) of the Local Government Act 1993, the assistance to persons as listed above is hereby approved.

(Councillors Ritchie/Smith) (BP15/1092)


Voting against: Nil

Closure This concluded the business and the meeting terminated at 9.56 pm. CONFIRMED this Ninth Day of February 2016 at which meeting the signature herein was subscribed. ______________________________ MAYOR