NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 13 June 2012

The following document is the minutes of the Council meeting held on 13 June 2012.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 28 June 2012 and therefore subject to change.  Please refer to the minutes of 28 June 2012 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM (arrived 8.45 am)

Cr Janet Court

Cr Brian Finlayson

Cr Paula Flack

Cr Anne Smyth

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Greg Meyers (Director Environment & Planning)

Paul Gallagher (Director Engineering Services)

 

 

 

APOLOGY

 

Cr Elaine South

 

 

PRAYER

 

Father Michael from the Catholic Church offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor PF Flack declared a non-pecuniary less significant conflict of interest in Item 5.1 Provision of Renal Dialysis Service – Macksville Hospital under the Local Government Act as Cr Flack is an employee of Mid North Coast Local Health District at Macksville Health Campus.

 

 

The General Manager, MA Coulter, declared a pecuniary conflict of interest in Item 11.1 Extension of Lifeguard Services over the Easter Holiday Period under the Local Government Act as Mr Coulter is the Secretary of the Macksville-Scotts Head Surf Life Saving Club who were asked to submit an expression of interest.  Mr Coulter left the meeting for the duration of this item.

 

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 31 May 2012

 

3427/12 RESOLVED:       (Flack/Smyth)

 

That the minutes of the Ordinary Council Meeting of 31 May 2012 be confirmed.

 

 

 


NOTICE OF MOTION - CR Hoban – LATE

 

ITEM 5.1      SF988                130612      Notice of Motion - Provision of Renal Dialysis Service – Macksville Hospital

3428/12 RESOLVED:       (Hoban/Smyth)

 

1        That Council write to the Deputy Premier and Member for Oxley Mr Andrew Stoner MP requesting that he make representation on behalf of Council and the community for the provision of renal dialysis services at Macksville Hospital and further that Council express its disappointment that there was no funding for capital improvements to the Macksville Hospital in the State Government budget

 

2        That Council express concern that there does not appear to be a long term strategic plan, based on community consultation, for the delivery of health services from Macksville Hospital

 

 

 

NOTICE OF MOTION - CR Court – LATE

 

ITEM 5.2      SF430                130612      Notice of Motion - Flying Fox Plan of Management

Motion:      (Court/Ballangarry)

 

1          That Council advise the affected residents that submissions of alternate suggestions for the proposed Flying Fox Plan of Management should be with Council by 16 July 2012.

 

2          Further that residents may continue to submit submissions to amend the Flying Fox Plan of Management after that date provided that all proposals are within the relevant legislative framework and that Council will agree to review the adopted Plan following their receipt.

 

Amendment:       (Ainsworth/Finlayson)

 

That the previous motions stand but in the meantime Council write to the Deputy Premier about the matter enquiring as to whether there are any alternative solutions.

 

The amendment was LOST.

 

Further Amendment:          (Hoban/Finlayson)

 

1          That Council advise the affected residents that submissions of alternate suggestions for the proposed Flying Fox Plan of Management should be with Council by 16 July 2012.

 

2          Further that residents may continue to submit submissions to amend the Flying Fox Plan of Management after that date provided that all proposals are within the relevant legislative framework and that Council will agree to review the adopted Plan following their receipt.

 

3          That Council write as a matter of urgency to the Deputy Premier and the appropriate Minister asking whether there are any other appropriate alternatives which could be included in a Plan of Management if and when adopted.

 

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

 

3429/12 Resolved:       (Hoban/Finlayson)

 

1          That Council advise the affected residents that submissions of alternate suggestions for the proposed Flying Fox Plan of Management should be with Council by 16 July 2012.

 

2          Further that residents may continue to submit submissions to amend the Flying Fox Plan of Management after that date provided that all proposals are within the relevant legislative framework and that Council will agree to review the adopted Plan following their receipt.

 

3          That Council write as a matter of urgency to the Deputy Premier and the appropriate Minister asking whether there are any other appropriate alternatives which could be included in a Plan of Management if and when adopted.

 

   

 

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      SF350                130612      Request to Dispense with a Bi-election to Fill the Vacancy created by the Passing of Councillor Michael Moran OAM

3430/12 RESOLVED:       (Court/Smyth)

 

That Council make an application to the Minister for Local Government for an order that the casual vacancy created by the passing of Councillor Michael Moran OAM not be filled for the reason that the scheduled Council elections on 8 September 2012 are now less than three months away.

 

 

 

ITEM 9.2      SF959                130612      Outstanding Actions and Reports

3431/12 Resolved:       (Ainsworth/Smyth)

 

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

 

3432/12 Resolved:       (Court/Hoban)

 

That Council write to Senator Don Farrell thanking him for his letter and advising the Shire has a low socio-economic demographic and would be pleased to receive funding assistance for the mapping of the lowland rainforest.

 

 

 

ITEM 9.3      SF1460              130612      Approval of Council's Application for a Special Rate Variation by the Independent Pricing and Regulatory Tribunal

3433/12 RESOLVED:       (Court/Flack)

 

1        That the approval, in full, of Council’s application for a special rate variation by the Independent Pricing and Regulatory Tribunal (IPART) be noted.

 

2        That the General Manager, Manager Financial Services and other staff involved in the Special Rate Variations Application be thanked for their efforts.

 

 

 


 

ITEM 9.4      SF395                130612      Loans Program 2011/2012

3434/12 RESOLVED:       (Flack/Ainsworth)

 

That Council considers the offers from the six financial institutions as a confidential late item.

 

 

 

General Manager Report – LATE

 

ITEM 9.5      SF394                130612      Investment Report to 31 May 2012

3435/12 RESOLVED:       (Flack/Smyth)

 

That the Accountants’ Report on Investments placed to 31 May 2012 be noted.

 

 

 

ITEM 9.6      SF1120              130612      Grant Application Status Report

3436/12 RESOLVED:       (Flack/Finlayson)

 

That the list of grant applications and their status to 7 June 2012 be received.

 

 

 

ITEM 9.7      SF45                  130612      Shires Association of NSW - 2012 Annual Conference

3437/12 RESOLVED:       (Flack/Ainsworth)

 

That the information concerning the Shires Association of NSW 2012 Annual Conference and the Independent Local Government Review Panel be received.

 

 

 

Director Environment and Planning Report

 

ITEM 10.1    SF278                130612      Using Facebook or Twitter to communicate with young people in the Valley

3438/12 RESOLVED:       (Flack/Court)

 

That at this time, Facebook and Twitter not be used as a communication tool for Nambucca Shire Council to engage with young people of the shire.

 

 

 

ITEM 10.2    SF1719              130612      Minutes of the Access Committee meeting held 22 May 2012

3439/12 RESOLVED:       (Flack/Smyth)

 

1          That the information be noted that silent cops are no longer used (and in some areas removal is being required by the Department of Roads and Maritime Services); and that given this feedback, the following silent cops be considered for removal as they are a potential trip hazard: Corner Winifred and Princess Streets Macksville; and Corner Wallace Street and Pacific Highway Macksville

 

2          That the remaining minutes be endorsed.

 

 

 


 

ITEM 10.3    SF1148              130612      Contract Regulatory Officer's Report May 2012

3440/12 RESOLVED:       (Flack/Ainsworth)

 

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

 

 

 

ITEM 10.4    SF1709              130612      DA's and CDC's Received and Determined under Delegated Authority to 18 May 2012

3441/12 RESOLVED:       (Court/Ainsworth)

 

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

 

 

 

ITEM 10.5    SF1709              130612      Outstanding DA's greater than 12 months, applications where submissions received not determined to 1 June 2012

3442/12 RESOLVED:       (Flack/Smyth)

 

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 10.6    SF732                130612      River Ecohealth Project

Motion:      (Flack/Ballangarry)

 

That once the draft Environmental Levy is adopted, the Grants Officer pursue Grant funding for the River Ecohealth Program utilising the two allocations of $20,000 being a total of $40,000 over two years as its contribution, and if a grant application is successful then Council proceed to implement the program on the Nambucca River.

 

Amendment:       (Court/Ainsworth)

 

That the matter be deferred until consideration has been given to reviewing the environmental levy works program and after consideration has been given to reviewing hot spots like Newee Creek which may require further sampling.

 

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

 

3443/12 Resolved:       (Court/Ainsworth)

 

That the matter be deferred until consideration has been given to reviewing the environmental levy works program and after consideration has been given to reviewing hot spots like Newee Creek which may require further sampling.

 

 


 

ITEM 10.7    SF1728              130612      Variation to Council’s Local Approvals Policy – Keeping of Animals

3444/12 Resolved:       (Court/Flack)

 

That Council advise Mr and Mrs Dalley that a variation of such magnitude may only be considered through the Development Application process and being considered on its merits following the exhibition process.

 

 

 

ITEM 10.8    DA2011/165        130612      Resubmitted Report - DA 2011/165 Application for a dwelling to be located outside the dwelling envelope - Taylors Arm Road, Upper Taylors Arm

3445/12 RESOLVED:       (Flack/Smyth)

 

That Council refuse Development Application 2011/165 as the proposed dwelling envelope does not comply with Part F - Nambucca Development Control Plan 2012 – Rural and Environmental Development Standards for Rural Buffers.

 

For the motion                 Councillors Hoban, Court, Ballangarry, Flack, Smyth          (Total 5)

Against the motion           Councillors Finlayson, Ainsworth                                      (Total 2)

 

 

 

ITEM 10.9    SF1709              130612      DEP Applications and Statistical Reports 2011-2012, and Certificates Received 2010-2012 (May 2012)

3446/12 RESOLVED:       (Flack/Ballangarry)

 

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.

 

 

 

Director Engineering Services Report

 

ITEM 11.1    SF61                  130612      Extension of Lifeguard Services over the Easter Holiday Period

3447/12 RESOLVED:       (Flack/Finlayson)

 

1        That Council not extend the life guard service to cover the Easter holiday period due to budget constraints and detrimental effect on other infrastructure projects in the draft 2012/13 budget.

 

2        That Council include an additional schedule for life guard services for other holiday periods in the contract documentation as a schedule of rates for consideration for the next contract due in 2014

 

     


 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

Resolved: (Ainsworth/Finlayson)

 

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

 

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

 

Reason reports are in Closed Meeting:

 

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 1.1      SF395                130612      Loans Program 2011/2012

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) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 12.50 pm.

 

 

 

RESUME IN OPEN MEETING

 

Resolved: (Ainsworth/Flack)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 12.51 pm.

 

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

 

ITEM 1.1      SF395                130612      Loans Program 2011/2012

3448/12 RESOLVED:       (Ainsworth/Finlayson)

 

1          That Council accept the Australia & New Zealand Banking Group loan offer in accordance with the details in t he confidential report.

 

2          That Council authorize the Mayor and the General Manager to execute the Loan agreement.

 

3          That in the event the Australia & New Zealand Banking Group requires the loan agreement to be executed under seal that the Council Seal be affixed to the Loan agreement.

 

 


CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 12.52 pm. 

 

Confirmed and signed by the Mayor on 28 June 2012.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)