NAMBUCCA SHIRE COUNCIL

 

Special Meeting of Ordinary Council

 

MINUTES OF THE Special Meeting of Ordinary Council HELD ON 02 October 2008

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM (arrived at 4.52 pm)

Cr Brian Finlayson

Cr Paula Flack

Cr Mike Moran OAM

Cr Elaine South

Cr Anne Smyth

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Monika Schuhmacher (Minute Secretary)

Greg Meyers (Director Environment & Planning)

Bruce Redman (Director Engineering Services)

 

 

LEAVE OF ABSENCE

 

Cr Janet Court was granted leave of absence from Friday 19 September to Saturday 11 October 2008 inclusive in accordance with Section 234(d) of the Local Government Act.

 

 

Special Meeting of Ordinary Council

 

SUBJECT:   DISCLOSURE OF INTEREST

 

There were no disclosures of interest.

 

 

 

NOTICE OF MOTION – CR Moran OAM

ITEM 5.1      SF793                021008      Notice of Motion - Finance Committee

692/08 Motion:    (Moran/Ainsworth)

 

That Council form a Finance Committee consisting of at least two Councillors with the Mayor ex officio, to oversee investment, rates, accounts and debtors.

 

Amendment:       (Flack/Smyth)

 

That Council form a Finance Committee consisting of at least two Councillors with the Mayor ex officio, to oversee investment, rates, accounts and debtors, with the exclusion of the day to day operations.

 

The amendment was LOST

 

 

Resolved: (South/Ainsworth)

 

That Council form a Finance Committee consisting of at least two Councillors with the Mayor ex officio, to oversee investment, rates, accounts and debtors.

 

 

Resolved: (South/Ainsworth)

 

That Cr Moran and Cr Ainsworth be members of the Finance Committee.

 

 

 

 

   

General Manager Report

ITEM 9.1      SF830                021008      Election of Deputy Mayor

693/08 RESOLVED:         (Flack/South)

 

1        That Cr Ainsworth be declared Deputy Mayor as there were no other nominations.

 

 

 

 

 


ITEM 9.2      SF842                021008      Aboriginal Community Advisory Committee
Appointment of Operational Committee

Motion:      (Flack/Smyth)

 

That three Councillors be appointed to the Aboriginal Community Advisory Committee.—Ballangarry/Flack/South

 

The motion is LOST

Motion:      (Flack/Smyth)

 

That two Councillors be appointed to the Aboriginal Community Advisory Committee.—Ballangarry/Flack

The motion is LOST

 

694/08 Resolved:         (Ainsworth/Moran)

 

That a ballot be undertaken for the appointment of two Councillors to the Aboriginal Community Advisory Committee.  The result of the ballot was that Councillors Ballangarry and South be appointed to the Committee.

 

 

 

 

 


ITEM 9.3      SF842                021008      Access Committee
Appointment of Operational Committee

695/08 RESOLVED:         (Ainsworth/Moran)

 

That two Councillors be appointed to the Access Committee being Councillors Moran and Smyth.

 

 

 


 


ITEM 9.4      SF842                021008      Arts Mid North Coast

696/08 RESOLVED:         (Flack/Moran)

 

That Councillor Ballangarry be appointed as Council's representative on the Arts Mid North Coast Board.  

 

 

 

 


ITEM 9.5      SF842                021008      Clarence Regional Library Committee

Motion:      (Flack/Moran)

 

That two Councillors be appointed to the Clarence Regional Library Committee, those Councillors being Smyth and Moran.

 

Amendment:       (Flack/Smyth)

 

That the Manager Community and Cultural Services be appointed as Council’s second representative on the Clarence Regional Library Committee.

 

The amendment was LOST.

 

Resolved: (Flack/Moran)

 

That two Councillors be appointed to the Clarence Regional Library Committee, those Councillors being Smyth and Moran.

 

 

 

 


ITEM 9.6      sf842                  021008      Community Services Committee
Appointment of Council Operational Committees

Motion:      (Flack/Smyth)

 

That three Councillors be appointed to the Community Services Committee and with the Mayor as ex officio, those Coucnillors being South, Flack and Smyth.

 

The motion was LOST.

 

Motion:      (Flack/Ballangarry)

 

That two Councillors be appointed to the Community Services Committee and with the Mayor as ex officio, those Councillors being Flack and Smyth.

 

The motion was LOST.

 

697/08 Resolved:         (Ainsworth/Moran)

 

That a ballot be undertaken for the appointment of two Councillors to the Community Services Committee.  The result of the ballot was that Councillors Flack and Smyth be appointed to the Committee.

 

 

 


Note:  Cr Ballangarry arrived at 4.52 pm

 

ITEM 9.7      SF842                021008      Development Applications Notifications Committee
Appointment of Council Operational Committees

Motion:      (Flack/Smyth)

 

1        That the Development Applications Notifications Committee not be established at this time.

 

2        That the need or otherwise for the Committee be determined following the report on the six   month trial of the General Manager’s amended delegations for determining development       applications which is due in December 2008.

 

The motion was LOST.

 

Motion:      (Moran/Ainsworth)

 

That the DANC system be maintained and that all Councillors be notified of meetings.

 

Amendment:       (Ainsworth/Moran)

 

That the matter be deferred for a further report.

 

The amendment was carried and became the motion and it was:

 

698 /08 Resolved:        (Moran/Ainsworth)

 

That the matter be deferred for a further report.

 

 

 

 

 


ITEM 9.8      SF842                021008      General Manager's Performance Review Committee

Motion:      (Moran/Ainsworth)

 

1.       That the General Manager’s Performance Review Committee comprise the Mayor, Deputy Mayor and one other Councillor to be nominated by the Council with Councillor Moran being the Councillor representative on the Committee.

 

2.       That the Performance Review Committee obtain feedback from Councillors not on the           Committee in the week prior to a performance review session.

 

3.       That Council delegate to the Performance Review Committee all authority to make decisions          about performance, any actions that should be taken, and the determination of the new        performance agreement.

 

Amendment:       (Flack/Ainsworth)

 

1.       That the General Manager’s Performance Review Committee comprise the Mayor, Deputy Mayor and one other Councillor to be nominated by the Council with Councillor Moran being Councillor representative on the Committee.

 

2.       That the Performance Review Committee obtain feedback from Councillors not on the           Committee in the week prior to a performance review session.

 

3.       That Council delegate to the Performance Review Committee all authority to make decisions          about performance, any actions that should be taken, and the determination of the new

 

4.       That for the first review by the new Council, a facilitator be employed to provide all Councillors with training in performance management as well as to act as facilitator.

 

5.       That the General Manager’s contract be varied by agreement to reflect the recommended     composition of the Performance Review Committee.

 

 

Amendment:       (Flack/Smyth)

 

1.       That the General Manager’s Performance Review Committee comprise the Mayor, Deputy Mayor and one other Councillor to be nominated by the Council with Councillor Moran being Councillor representative on the Committee.

 

2.       That the Performance Review Committee obtain feedback from Councillors not on the           Committee in the week prior to a performance review session.

 

3.       That the General Manager’s Performance Review Committee  report back to Council  any decisions about performance, any actions that should be taken and the determination of the new performance agreement.

 

4.       That for the first review by the new Council, a facilitator be employed to provide all Councillors with training in performance management as well as to act as facilitator.

 

5.       That the General Manager’s contract be varied by agreement to reflect the recommended     composition of the Performance Review Committee.

 

The amendment was carried and became the motion and it was:

 

699/08 Resolved:         (Flack/Smyth)

 

1.       That the General Manager’s Performance Review Committee comprise the Mayor, Deputy Mayor and one other Councillor to be nominated by the Council with Councillor Moran being Councillor representative on the Committee.

 

2.       That the Performance Review Committee obtain feedback from Councillors not on the       Committee in the week prior to a performance review session.

 

3.       That the General Manager’s Performance Review Committee  report back to Council  any decisions about performance, any actions that should be taken and the determination of the new performance agreement.

 

4.       That for the first review by the new Council, a facilitator be employed to provide all Councillors with training in performance management as well as to act as facilitator.

 

5.       That the General Manager’s contract be varied by agreement to reflect the recommended          composition of the Performance Review Committee.

 

 

 


 


ITEM 9.9      SF791                021008      Land Development Committee

Motion:      (Moran/Ainsworth)

1        That all Councillors be appointed to the Land Development Committee.

 

2        That the Land Development Committee meet at least on a quarterly basis.

 

Amendment:       (Flack/Ainsworth)

 

1        That all Councillors be appointed to the Land Development Committee.

 

2        That the Land Development Committee meet at least on a bi-monthly basis

 

The amendment was carried and became the motion and it was:

 

700/08 Resolved:         (Flack/Ainsworth)

 

1        That all Councillors be appointed to the Land Development Committee.

 

2        That the Land Development Committee meet at least on a bi-monthly basis

 

 

 

 


ITEM 9.10    SF842                021008      Macksville Recreation Centre Committee

Motion:      (Moran/Ainsworth)

 

That three Councillors be appointed to the Macksville Recreation Centre Committee being Councillors Finlayson and Moran.

 

Amendment:       (Ainsworth/Moran)

 

That three Councillors be appointed to the Macksville Recreation Centre Committee being Councillors Finlayson ,Moran and South.

 

The amendment was carried and became the motion and it was:

 

701/08 Resolved:         (Ainsworth/Moran)

 

That three Councillors be appointed to the Macksville Recreation Centre Committee, those Councillors being Councillors Finlayson, Moran and South.

 

 

 

 


ITEM 9.11    SF842                021008      Nambucca Bushfire Management Committee

702/08 Resolved:         (Moran/Finlayson)

 

That Councillor Ainsworth be appointed to the Nambucca Bushfire Management Committee.

 

 

 

 


ITEM 9.12    SF842                021008      Nambucca Entertainment Centre

703/08 Resolved:         (Flack/Ainsworth)

 

That two Councillors be nominated as a delegate to the Nambucca Entertainment Centre Committee of Management and that Councillor Smyth be one of those Councillors.

 

704/08 Resolved:         (Flack/Smyth)

 

That Councillor Ballangarry also be appointed to the Nambucca Entertainment Centre Committee of Management.

 

 

 


ITEM 9.13    SF842                021008      Nambucca Heads High School Gymnasium Committee

Motion:      (Moran/South)

 

That two Councillors be appointed to the Nambucca Heads High School Gymnasium Committee with Councillors Smyth being one of them.   (Cr Smyth declined the nomination.)

 

Amendment:       (Ainsworth/Ballangarry)

 

That any available Councillor attend the meetings of the Nambucca Heads High School Gymnasium Committee.

 

The amendment was carried and became the motion and it was:

 

705/08 Resolved:         (Ainsworth/Ballangarry)

 

That any available Councillor attend the meetings of the Nambucca Heads High School Gymnasium Committee.

 

 

 


ITEM 9.14    SF842                021008      Nambucca River Estuary and Coastline Management Committee
Appointment of Council Operational Committees

Resolved: (Moran/Ballangarry)

 

1          That Council reaffirm the Terms of Reference including the identified representative groups for the Nambucca River Estuary and Coastline Management Committee

 

2          That all interested Councillors in addition to the Mayor, be appointed to the Nambucca River Estuary and Coastline Management Committee.

 

3          That the Mayor be the Chairperson of the Nambucca River Estuary and Coastline Management Committee.

 

4          That Council appoint the following people to the Nambucca River Estuary and Coastline Management Committee: Jean Ford (Oyster Growers), Chris Davis (Fishing), Robert Kennedy (Water Users Industry), Jim Hallam (Agriculture), Janine Reed (Macksville & District Chamber of Commerce), Paul Cole (Bowraville Chamber of Commerce), Mr John Monckton (Nambucca Chamber of Commerce), Tim Ryan (Landcare), Fay Lawson (Affected Landowner Residential), Gordon Ussher (Affected Landowner Residential), Paul Davies and Bob Young (Environmental Groups), Victor Buchanan (Nambucca Heads LALC), Peter McNally (Nambucca Valley River Users Group), Ken Winton and Ron Hawkins (Interested Community Members).

 

5          That Council note that representatives have not been nominated from the Nambucca Valley Tourism (previous rep John Holcolmbe), Unkya LALC (previous rep Caine Rosser), Bowraville LALC (previous rep Patricia Walker), Affected Landowner (Business), and that these positions remain open and once a nomination is received it shall be submitted to Council for endorsement, in the meantime these groups to be sent the Agenda for each meeting.

 

6          That Council accept the nominated alternate delegates to the Nambucca River Estuary and Coastline Management Committee being John Beaney (Macksville Chamber of Commerce and Industry) and Russell Walker (Nambucca Heads LALC).

 

7          That Council note that no other alternate delegates have been nominated and in the event that alternate delegates are nominated by the respective groups they shall be submitted to Council for endorsement.

 

 

 

 


ITEM 9.15    SF443                021008      Nambucca Shire Structure Plan Reference Group - Recommendation for its Continuation

Motion:      (Flack/Smyth)

 

That the Nambucca Shire Structure Plan Reference Group be disbanded.

 

The motion was LOST.

 

706/08 Resolved:         (Ainsworth/Moran)

 

1          That Council maintain the Shirewide Reference Group until both the Rural-Residential Land Release Strategy and the Urban Design Strategy for the 20m tall precincts and the Bowra-Ridge Street intersection in Nambucca Heads are completed.

 

2          That Council endorse the following membership to the Reference Group:

 

Mr R Simmons, Mr Jim Brazel, Mr J Schmidt, Mr N Ledger, Ms Carmel Hong, Mr K Winton, Mr A Field, Mr Graham Jones, Mrs J Reed, Mr Barry Kerr, Ms M Ward, Mr J Cameron, Mr M Graham, Mr James Hallam

 

3          That following the adoption of both Strategies by Council, the Reference Group members be thanked for their contribution and input and the Reference Group be dissolved as a Council Committee.

 

4          That all interested Councillors in addition to the Mayor be appointed to the Shirewide Reference Group.

 

5          That the Mayor be the Chairperson of the Shirewide Reference Group.

 

 

 


 


ITEM 9.16    SF842                021008      Nambucca Shire Traffic Committee

707/08 RESOLVED:         (Moran/Ainsworth)

 

That Council request Mr Andrew Stoner MP, Member for Oxley, to nominate a Councillor to represent him on the Nambucca Shire Traffic Committee.

 

 

 

 


ITEM 9.17    SF842                021008      Plant Committee

708/08 Resolved:         (Moran/Ainsworth)

 

That Council appoint a Plant Committee comprising four Councillors, the Mechanic, the Overseer, a Finance person and an Engineer. 

 

 

709/08 Resolved:         (Moran/Finlayson)

 

The Councillors Ainsworth Finlayson, Moran and South be appointed to the Plant Committee.

 

 

 

 


ITEM 9.18    SF842                021008      Vehicular Access to Beaches Committee
Appointment of Council Operational Committees

Motion:      (Flack/South)

 

That two Councillors be appointed to the Vehicular Access to Beaches Committee with the Mayor as ex officio being Councillors Flack, Ainsworth, Moran and Finlayson.

 

The motion was LOST.

 

710/08 Resolved:         (Flack/Ainsworth)

 

That three Councillors be appointed to the Vehicular Access to Beaches Committee with the Mayor as ex officio and that a ballot be conducted to determine the three Councillors.

 

711/08 Resolved:         (Ainsworth/Moran)

 

That a ballot be undertaken involving Councillors Ainsworth, Ballangarry, Court, Finlayson, Flack, and Moran.

 

Following the ballot Councillors Ainsworth, Finlayson and Moran were appointed to the Vehicular Access to Beaches Committee.

 

 

 


 


ITEM 9.19    SF842                021008      Water and Sewerage Projects Steering Committee

712/08 RESOLVED:         (Ainsworth/Flack)

 

That all Councillors be appointed to the Water & Sewerage Projects Steering Committee.

 

 

 

 


ITEM 9.20    SF842                021008      Works Inspection Committee

713/08 RESOLVED:         (Flack/Moran)

 

1        That the Works Inspection Committee be renamed the General Purpose Committee.

 

2        That all Councillors be appointed to the General Purpose Committee.

 

 

 

 


ITEM 9.21    SF992                021008      Nambucca Emergency Operations Centre
Committee of Management

714/08 RESOLVED:         (Ainsworth/Finlayson)

 

That two Councillors be appointed to the Nambucca Emergency Operations Centre Committee of Management with Councillors Ainsworth and Moran representing Council on the Committee.

 

 

 

 


ITEM 9.22    SF842                021008      Committees of Management Generally

715/08 RESOLVED:         (Flack/Ainsworth)

 

That Council note this information.

 

 

 

 

 

 


CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 5.50 pm. 

 

Confirmed and signed by the Mayor on 16 October 2008.

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)