NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 16 May 2012

The following document is the minutes of the Council meeting held on 16 May 2012.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 31 May 2012 and therefore subject to change.  Please refer to the minutes of 31 May 2012 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr Janet Court

Cr Martin Ballangarry OAM

Cr Paula Flack

Cr Brian Finlayson

Cr Elaine South

Cr Mike Moran OAM (arrived 8.46 am)

Cr Anne Smyth

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Greg Meyers (Director Environment & Planning)

Paul Gallagher (Director Engineering Services)

 

 

 

APOLOGY

 

Cr John Ainsworth

 

 

PRAYER

 

Captain John Viles from the Salvation Army offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

The Director Environment and Planning (Mr Greg Meyers) declared a pecuniary conflict of interest in Item 12.2 Organisation Review – Director Corporate and Community Services under the Local Government Act as the item deals specifically with his employment with Council.  Mr Meyers left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 26 April 2012

 

3377/12 RESOLVED:       (Flack/Smyth)

 

That the minutes of the Ordinary Council Meeting of 26 April 2012 be confirmed.

 

 

 

NOTICE OF MOTION - CR Hoban

 

ITEM 5.1      SF1714              160512      Notice of Motion - Endorsement Of Voting Delegate – One Association Ballot (SF640)

3378/12 RESOLVED:       (Hoban/Flack)

 

That Council endorse the Mayor as Council’s voting delegate in the secret ballot to be conducted by the Australian Electoral Commission to determine the proposal to establish “One Association”.

 

  

 

 

 

 

DELEGATIONS

Resolved: (Flack/South)

 

That the following delegations be heard:

 

DA2011/165 160512         DA 2011/165 Application for a dwelling to be located outside the dwelling envelope - Taylors Arm Road, Upper Taylors Arm

          (i)       Mr Daniel Welsh

 

Mr Welsh addressed Council making the following points:

 

  • Southern facing site not desirable
  • Steep incline
  • Looked for 3 months to find new site
  • New site has northern aspect and beautiful views along Valley
  • Intensive agriculture couldn’t occur on adjoining land.

 

 

 

ITEM 10.7    DA2011/165        160512      DA 2011/165 Application for a dwelling to be located outside the dwelling envelope - Taylors Arm Road, Upper Taylors Arm

Motion:      (Finlayson/South)

 

That the application be approved including a standard condition in relation to the discovery of any Aboriginal artefacts

 

Amendment:       (Ballangarry/Flack)

 

That the application be deferred for a site inspection.

 

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

 

3379/12 RESOLVED:       (Ballangarry/Flack)

 

That the application be deferred for a site inspection.

 

 

 

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                160512      Outstanding Actions and Reports

3380/12 RESOLVED:       (Flack/Court)

 

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

 

 

 

 

ITEM 9.2      SF1120              160512      Grant Application Status Report

3381/12 RESOLVED:       (Finlayson/Ballangarry)

 

That the list of grant applications and their status to 9 May 2012 be received.

 

 

 

ITEM 9.3      SF1653              160512      Organisation Review - Business Services Unit

3382/12 RESOLVED:       (Court/Flack)

 

1        That Council proceed to establish the Business Services Unit in accordance with the organisation structure adopted by Council at its meeting on 4 April 2012 for a trial period of two (2) years.

 

2        That Council recruit a Business Services Co-ordinator for a two (2) year fixed term, with the future of the position and the Business Services Unit to be determined following a review of the Unit’s performance.

 

3        That the United Services Union be thanked for their input into the consultation process.

 

4        That the staff who made submissions also be thanked for their input.

 

 

 

ITEM 9.4      SF332                160512      Scotts Head Tennis Club Committee of Management - Minutes of the Annual General Meeting - 4 April 2012

3383/12 RESOLVED:       (Flack/Finlayson)

 

That Council endorse the Scotts Head Tennis Club Committee of Management’s minutes of the Annual General Meeting held on 4 April 2012 and thank the outgoing Committee for their work in the past twelve months and further, to remind the Committee to advise Council when the annual general meeting is on so Council’s representative can attend.

 

 

 

ITEM 9.5      SF790                160512      Fixed Term Contracts for Management Positions

3384/12 RESOLVED:       (Court/South)

 

That Council note the information.

 

 

 

ITEM 9.6      SF394                160512      Investment Report to 30 April 2012

3385/12 RESOLVED:       (Finlayson/South)

 

That the Accountants’ Report on Investments placed to 30 April 2012 be noted.

 

 

 

ITEM 9.7      SF1650              160512      Unkya Reserve Playground Grant - Matching Funding

3386/12 RESOLVED:       (Court/Flack)

 

That the Unkya Reserve Playground matching funding be approved provided it comes from Section 94 Contributions.

 

 

 


Director Environment and Planning Report

 

ITEM 10.1    SF1709              160512      Outstanding DA's greater than 12 months, applications where submissions received not determined to 30 April 2012

3387/12 RESOLVED:       (Flack/Finlayson)

 

1          That the list of outstanding development applications (in excess of 12 months old) be noted and received for information by Council

 

2          That the applications where submissions have been received be noted and received for information by Council.

 

 

 

ITEM 10.2    SF1709              160512      DA's and CDC's Received and Determined under Delegated Authority to 4 May 2012

3388/12 RESOLVED:       (South/Finlayson)

 

That Council note the Development Applications/Complying Development Applications received and determined under delegated authority.

 

 

 

ITEM 10.3    SF1709              160512      DEP Applications and Statistical Reports 2011-2012, and Certificates Received 2010-2012 (April 2012)

3389/12 RESOLVED:       (Flack/Moran)

 

1          That Council note development application statistics and processing times for 2012 compared with 2011.

 

2          That Council note the statistical information for Applications and Certificates received and released by Council for 2010-2012.

 

 

 

ITEM 10.4    SF1148              160512      Contract Regulatory Officer's Report April 2012

3390/12 RESOLVED:       (Moran/Flack)

 

That the report from the Contract Regulatory Officer for April 2012 be received and noted by Council.

 

 

 

ITEM 10.5    SF265                160512      Library Policies for Nambucca Shire Council Library Services

3391/12 RESOLVED:       (Flack/Court)

 

That the following Library Policies be adopted by Council:

 

1          Collection Development

2          Children and Young Adults

3          Loans

4          Fee Waiving and

5          Internet.

 

NoteCr Moran requested that his vote be recorded as against this resolution because the Librarian hasn’t been appointed.

 

 


 

ITEM 10.6    SF1719              160512      Report on Access Committee minutes from 24 April 2012

3392/12 RESOLVED:       (Smyth/South)

 

1          That Council endorse the office bearers and members of the Access Committee listed as follows: Cr South (Chairperson), Shirley Holmes (Deputy Chair), Fiona Henwood (Secretary); Margaret Hutchinson, Keith Davis, Dorothy Secomb, Peter Shales, Les Mills, Alba Sky, Pam Thoroughgood and Cr Anne Smyth.

 

2          That Council write again to the Bananacoast Credit Union to enquire at what stage is the remediation of the step at the ATM in Bowra Street Nambucca Heads.

 

3          That a letter be sent to Community Transport staff thanking them for making time to show the Access Committee members the bus.

 

4          That the Traffic Committee be requested to look at changes to the traffic and parking arrangements in Bowra Street Nambucca Heads (between the Post Office and Chinese Restaurant) given the reports of recent accidents, the curve and the narrowness of the road, and space taken up by the traffic island.

 

5          That the Traffic Committee be requested to consider appropriate action/options for improving lighting at the pedestrian crossing in Wallace Street Macksville outside St Patrick’s School given that the Audit Report (Traffic Committee minutes 7 February 2012) appeared not to address lighting issues, the activities at night at the church and school, and that Councillor South has personally experienced a near-miss on two separate occasions at night on this crossing.

 

6          That the remaining minutes be endorsed.

 

 

Item 10.7 was dealt with under Delegations.

 

 

 

Director Engineering Services Report

 

ITEM 11.1    SF85                  160512      NSW Rural Fire Service Liaison Committee Meeting No.3 – 2011/12

3393/12 RESOLVED:       (Flack/Ballangarry)

 

1        That Council receive and note the report on the Rural Fire Service Liaison Committee Meeting  No.3 - 2011/12.

 

2        That Council receive and note the minutes of the Rural Fire Service Liaison Committee Meeting  No.3 - 2011/12 held on Thursday 12 April 2012.

 

3394/12 Resolved:       (Court/South)

 

That Council write to its Local Member expressing its concerns about the costs, communication and control of the Rural Fire Service as well as the lack of an appointed manager for the Nambucca Valley.

 

 


 

ITEM 11.2    SF1655              160512      Flood Event - June 2011 - Claim For Natural Disaster Funding - Restoration For Local Roads

3395/12 RESOLVED:       (South/Finlayson)

 

That Council formally advise the Roads and Martine Service that it accepts the Natural Disaster funding reference A/01787/08 for the amount of $1,533,332 restoration to local roads following the June 2011 flood event.

 

 

 

ITEM 11.3    SF616                160512      Nambucca Shire Emissions Reductions Program (NARP) - Streetlight Upgrade

3396/12 RESOLVED:       (Flack/Moran)

 

Council accept the recommendation that Council replace all inefficient luminaires in line with the Bulk Lamp Replacement schedule and nominate Essential Energy as the project’s “Energy Saver” enabling Essential Energy to create and own all Energy Savings Certificates (ESCs) from the upgrade.

 

Council make an allowance of $158,000 in the 2013/14 budget for the capital cost of the new luminaires.

 

 

 

ITEM 11.4    SF878                160512      Mid North Weight of Loads Group - Half Yearly Meeting - 5 March 2012

3397/12 RESOLVED:       (South/Ballangarry)

 

1        That the minutes of the Mid North Weight of Loads Group half yearly meeting held on 5 March 2012 be received and noted.

 

2        That the subscription increase of 3.6% to the Mid North Weight of Loads Group be included in the 2012/13 budget.

 

3       That Council agree to jointly employ Ordinance Inspectors with other councils currently participating in the Mid North Weight of Loads Group for a further term of twelve months effective 1 July 2012 and that the relevant document be completed.

 

 

 

ITEM 11.5    SF1748              160512      Tender for Road Safety Barrier Systems

3398/12 RESOLVED:       (Court/Moran)

 

1        That Council accept the two tenders for Category 2—Supply Only, being Ingal and Australian Construction Products.

 

2        That Council note that quotations will be sourced from the two tenderers on a project basis to obtain the best price and availability.

 

 

 

ITEM 11.6    SF101                160512      Timber Whale Sculpture -Offer to Finance the Installation and Ongoing Maintenance

3399/12 RESOLVED:       (Flack/South)

 

1        That Council accept the offer from the Gumma Indigenous Protected Area (Gumma IPA) and the Nambucca Local Aboriginal Land Council (NLALC) to finance the installation and on going maintenance of the “whale sculpture” at Captain Cook Lookout.

 

2        That a Memorandum of Understanding (MOU) be drafted to ensure all people concerned (both present and future Council staff and personnel from Gumma Indigenous Protected Area and the Nambucca Local Aboriginal Land Council) are aware of the arrangements that Gumma IPA and the NLALC are to finance the installation and on going maintenance of the “whale sculpture” at Captain Cook Lookout.

 

 

 

ITEM 11.7    SF844                160512      Nambucca District Water Supply Steering Committee Meeting – 2 May 2012

3400/12 RESOLVED:       (Finlayson/Ballangarry)

 

1        That Council adopt the minutes of the Steering Committee Meetings held on 2 May 2012.

 

2        That the General Manager make enquiries regarding a Peer Review of the Financial Modelling (FINMOD) by an independent auditing firm.

 

 

 

ITEM 11.8    PRF15                160512      Coronation Park BBQ Kiosk

3401/12 RESOLVED:       (Court/Finlayson)

 

That Council not provide financial assistance to the Nambucca Senior Rugby League for funding the construction of a BBQ Kiosk at Coronation Park.

 

 

 

ITEM 11.9    SF1642              160512      Bowraville Sewage Treatment Plant – Proposed Constructed Wetland To Improve Effluent Quality

Motion:      (Flack/Smyth)

 

1        That Council allocate funding of $450,000 spread across the 2012/13 and 2013/14 budget years for the design and construction of the proposed constructed wetland.

 

2        That Council seek a fee proposal from suitable companies for the preparation of concept, detail design and documentation for the proposed constructed wetland. 

 

Amendment:       (Hoban/Finlayson)

 

1        That Council consider funding of $450,000 in the 2012/13 operational plan and delivery program for the design and construction of the proposed constructed wetland.

 

2        That Council, following allocation of funding, seek a fee proposal from suitable companies for the preparation of concept, detail design and documentation for the proposed constructed wetland. 

 

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

 

3402/12 Resolved:       (Hoban/Finlayson)

 

1        That Council consider funding of $450,000 in the 2012/13 operational plan and delivery program for the design and construction of the proposed constructed wetland.

 

2        That Council, following allocation of funding, seek a fee proposal from suitable companies for the preparation of concept, detail design and documentation for the proposed constructed wetland. 

 

     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

Resolved: (Finlayson/Smyth)

 

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 above.

 

Reason reports are in Closed Meeting:

 

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF1425              160512      Outstanding Debtors - POEO Administration Fee Write Offs

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 12.2    SF1653              160512      Organisation Review - Director Corporate and Community Services

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) (a) of the Local Government Act, 1993, on the grounds that the report contains personnel matters concerning particular individuals.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.3    SF742                160512      Unauthorised Earthworks - Main Beach, Nambucca Heads

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.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 10.15am.

 

 

 

 

RESUME IN OPEN MEETING

 

Resolved: (Court/Ballangarry)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 11.30 am.

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

From Confidential Business Paper in Closed Meeting

 

ITEM 12.1    SF1425              160512      Outstanding Debtors - POEO Administration Fee Write Offs

3403/12 RESOLVED:       (Court/Finlayson)

 

1        That Council authorise the General Manager to write off the debts incurred as a result of the Protection of the Environment Act administration fees recoverable by Council.

 

2        That the General Manager’s Delegation to write off Debtors as described in Delegation 15.5 be increased to $1000 instead of $500

 

 

 

From Confidential Business Paper in Closed Meeting

 

ITEM 12.2    SF1653              160512      Organisation Review - Director Corporate and Community Services

3404/12 RESOLVED:       (Court/Finlayson)

 

1        That Council determine its senior staff positions to be the General Manager; Assistant General Manager – Engineering Services; and Assistant General Manager – Corporate and Community Services each under a five (5) year fixed term contract.

 

2        The functional responsibilities for the senior staff are to be as resolved by Council at its meeting on 4 April 2012 with the exception that the Manager Human Resources report to the General Manager.

 

3        That the current Director Environment and Planning be appointed as Assistant General Manager – Corporate and Community Services for a temporary term of twelve (12) months, with a merit based recruitment for the position to be undertaken towards the end of the term.

 

4        That Mr Paul Guy be offered temporary employment as the Manager Applications and Compliance for a period of twelve (12) months.

 

5        That Council proceed to recruit a Senior Building (or Health and Building) Surveyor and an Environmental Health Officer.

 

6        The position of Director Environment and Planning be made redundant.  Further, that the redundancy arrangements for the current Director be determined following the recruitment and appointment of the Assistance General Manager—Corporate and Community Services, on a fixed term contract in approximately twelve months time.

 

 

 

From Confidential Business Paper in Closed Meeting

 

ITEM 12.3    SF742                160512      Unauthorised Earthworks - Main Beach, Nambucca Heads

3405/12 RESOLVED:       (Court/Finlayson)

 

That no further action be taken in relation to the recovery of Council’s costs for unauthorised earthworks at Main Beach, Nambucca Heads.

 

 


 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 3.05 pm.

 

Confirmed and signed by the Mayor on 31 May 2012.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)