The following document is the minutes of the Council meeting held on 15 August 2012.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 30 August 2012 and therefore subject to change.  Please refer to the minutes of 30 August 2012 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Brian Finlayson

Cr Janet Court

Cr Anne Smyth

Cr Paula Flack

Cr Elaine South

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Greg Meyers (AGM Corporate and Community Services)

Paul Gallagher (AGM Engineering Services)

 

 

 

APOLOGY

 

Cr Martin Ballangarry OAM (attending NSW LG Aboriginal Network Conference)

 

 

DISCLOSURE OF INTEREST

 

Councillor PF Flack declared a non-pecuniary less significant conflict of interest in Item 5.1 Notice of Motion - Metallic Minerals & Coal Seam Gas Mining under the Local Government Act as Cr Flack has property that falls within the area of interest for metallic minerals exploration licence application ELA4581.

 

Councillor Smyth declared a non-pecuniary less significant conflict of interest in Item 9.7 Endorsement of Flying Fox Plan of Management - Grassy Park, Bowraville under the Local Government Act as Cr Smyth’s sister-in-law works for Nambucca Valley Landcare, one of the organisations which has assisted in the development of the Plan of Management.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 26 July 2012

 

3471/12 RESOLVED:       (South/Flack)

 

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

 

 

 

NOTICE OF MOTION - CR Flack

 

ITEM 5.1      SF1714              150812      Notice of Motion - Metallic Minerals & Coal Seam Gas Mining (SF757)

 12 RESOLVED:     (Flack/Smyth)

 

That Council note the Lock the Mid North Coast (LMNC) Mining Information meeting attendees’ strong opposition to any coal seam gas or metallic mineral mining in the Nambucca Valley and its unanimous decision to request Nambucca Shire Council do so also.

 

 

  


 

 

PUBLIC FORUM

 

RECOMMENDATION

 

That the following delegations be heard:

 

i)        Ms Jane Glover - on behalf of "Can Do" Cancer Foundation

ii)       Ms Joan Rossington - on behalf of Replacement of Weekes Bridge, South Arm

 

Ms Glover addressed Council making the following points:

·    “Can Do” is involved with North Coast Cancer Institute

·    Idea of cancer trust is to help people financially during their time of treatment

·    Usually allocate $500 per person to those in need

·    Have spent $49,000 so far

·    Money has been spent on Nambucca Valley residents

·    Seeking assistance for fundraising in the Nambucca

 

Ms Rossington spoke to a prepared paper of copy of which is on Trim file SF768.

 

3471/12 Resolved:       (Flack/Smyth)

 

That the decision on Weekes Bridge be deferred to allow an onsite inspection and consultation with residents.  The inspection to occur at Council’s meeting on 30 August 2012.

 

 

 

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                150812      Outstanding Actions and Reports

3472/12 RESOLVED:       (Ainsworth/Finlayson)

 

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

 

 

 

ITEM 9.2      SF1773              150812      Closure of Short Street, Macksville and Transfer to Nambucca Valley Care

3473/12 RESOLVED:       (Court/Smyth)

 

That the item be deferred until after the Local Government Elections on 8 September 2012 as Council is currently in ‘caretaker’ mode..

 

 


 

ITEM 9.3      SF1076              150812      Annual Report on Code of Conduct Complaints

3474/12 RESOLVED:       (Smyth/South)

 

1        That the information concerning Code of Complaints during 2011/2012 be received.

 

2        That a meeting involving the Mayor, General Manager, Assistant General Manager – Engineering Services and other relevant staff be held to discuss the form, content and timing of future progress reports on the capital works program.

 

3475/12 Resolved:       (Finlayson/Ainsworth)

 

That Council write to the staff member noting that the matter has been resolved to the satisfaction of all parties.

 

 

 

ITEM 9.4      SF1673              150812      Invitation to Comment on Proposed NBN Fixed Wireless Base Station - 343 Sullivans Road, Valla

3476/12 RESOLVED:       (Court/South)

 

That Council note the consultation program for the proposed installation of three (3) panel antennas, one (1) dish antenna on a 45m high monopole at 343 Sullivans Road, Valla.

 

 

 

ITEM 9.5      SF1673              150812      Invitation to Comment on Proposed NBN Fixed Wireless Base Station - 184 O'Dells Road, Warrell Creek

3477/12 RESOLVED:       (Ainsworth/Court)

 

That Council note the consultation program for the proposed installation of three (3) panel antennas, one (1) dish antenna on a 40m high monopole at 184 O’Dells Road, Warrell Creek.

 

 

 

ITEM 9.6      SF544                150812      Section 94 Status Report

3478/12 RESOLVED:       (Court/Flack)

 

That Council receive this report.

 

3479/12 Resolved:       (Flack/Court)

 

That Council receive a report on Section 94 interplan borrowing; the current status of interplan borrowing; what processes are in place for the repayment/acquittal of interplan borrowings; and the desirability of the process generally.

 

 

 

ITEM 9.7      SF430                150812      Endorsement of Flying Fox Plan of Management - Grassy Park, Bowraville

3480/12 RESOLVED:       (Court/Finlayson)

 

That following the inspection on 15 August 2012 there be a further report to Council which considers all suggestions put forward at the inspection and responses from residents.

 

 


 

ITEM 9.8      SF42                  150812      2012 Councillor Workshops - Achieving Outcomes for your Community (SF256)

3481/12 RESOLVED:       (Ainsworth/South)

 

That Council note the report.

 

 

 

ITEM 9.9      SF321                150812      Missabotti Community Centre Committee of Management AGM - 11 July 2012 - Minutes

3482/12 RESOLVED:       (South/Ainsworth)

 

That Council endorse minutes of the Committee of Management for the Missabotti Community Centre’s Annual General Meeting held on 7 July 2012, and thank the outgoing Committee for their work in the past twelve months.

 

3483/12 Resolved:       (Flack/South)

 

That next time Council writes to Committees of Management they be asked to provide Council with at least one (1) week’s notice of Annual General Meetings.

 

 

 

ITEM 9.10    SF325                150812      Gordon Park Tennis Centre Committee of Management - Annual General Meeting - 26 July 2012 - Minutes

3484/12 RESOLVED:       (South/Flack)

 

That Council endorse the minutes of the Committee of Management Gordon Park Tennis Centre’s Annual General Meeting which was held on 26 July 2012 and that Council thank the outgoing Committee for their work in 2011/2012.

 

 

 

ITEM 9.11    SF1698              150812      Planning Proposal LEP Amendment No. 5 And 7 - Advice that these Plans have Been Made (SF1649)

3485/12 RESOLVED:       (Ainsworth/Flack)

 

1        That Council note that Amendment 5, Nambucca Local Environmental Plan 2010 - Council land at Railway Road has been approved by the Minister;

 

2        That Council note that Amendment 7, Nambucca Local Environmental Plan 2010 – For Rural Tourist Facilities has been approved by the Minister.

 

 

 

ITEM 9.12    SF394                150812      Investment Report to 31 July 2012

3486/12 RESOLVED:       (Ainsworth/Finlayson)

 

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

 

 


 

ITEM 9.13    SF96                  150812      Nambucca Heads High School - Proposed Information Sign

3487/12 RESOLVED:       (Flack/Smyth)

 

That Council notify the School that Council’s preferred site is site 4 near the Mann Street water reservoir and further, that the School is to provide Council with an after hours contact number in case of vandalism.

 

3488/12 Resolved:       (Flack/Court)

 

That Council develop a policy in relation to the erection of signs on public land.

 

 

 

Assistant General Manager Corporate and Community Services Report

 

ITEM 10.1    SF1709              150812      Outstanding DA's greater than 12 months, applications where submissions received not determined to 3 August 2012

3489/12 RESOLVED:       (Flack/South)

 

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              150812      DA's and CDC's Received and Determined under Delegated Authority from 16 July-3 August 2012

3490/12 RESOLVED:       (Court/Ainsworth)

 

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

 

 

 

ITEM 10.3    SF1709              150812      DEP Applications and Statistical Reports 2011-2012, And Certificates Received 2010-2012 (July 2012)

3491/12 RESOLVED:       (South/Flack)

 

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              150812      Contract Regulatory Officer's Report July 2012

3492/12 RESOLVED:       (Court/Flack)

 

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

 

 

 


Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF565                150812      Temporary Road Closures For Events On Roads – Drag-ens Hot Rod Club Inc Hot Rod Display - Nambucca Heads

3493/12 RESOLVED:       (Court/Flack)

 

That Council approve the temporary road closure of Mann Street and Bowra Street, Nambucca Heads from West Street to Ridge Street between the hours of 8.00 am and 12.30 pm, 29 September 2012 for the purpose of Drag-Ens Hot Road Club annual Hot Rod display, and note the following have been received by Council:

 

a        Certificate of Currency for Public Liability Insurance

b        Police approvals

c        Traffic Management Plan confirming Accredited Traffic Controllers will be on site

d        Advice that advertising will being carried out 7 days prior to the event by Nambucca Shire Council.

 

 

 

ITEM 11.2    SF85                  150812      NSW Rural Fire Service Liaison Committee meeting No. 4 – 2011/12

3494/12 RESOLVED:       (Smyth/Ainsworth)

 

1        That Council receive and note the report on the Rural Fire Service Liaison Committee Meeting No 4 - 2011/12 held on Thursday 12 July 2012.

 

2        That Council receive and note the minutes of the Rural Fire Service Liaison Committee Meeting No 4 - 2011/12 held on Thursday 12 July 2012 (Trim 19952/2012).

 

3        That Council place unexpended Rural Fire Service funding from 2011/12 into a Rural Fire Service reserve towards the 2012/13 financial year

 

 

 

ITEM 11.3    SF453                150812      Waste Management Status Quarterly Report 1 April - 30 June 2012

3495/12 RESOLVED:       (Flack/South)

 

That Council receive and note the information provided in the Waste Management Status Quarterly report 1 April-30 June 2012 and further, that the author, Council’s Waste Management Officer, be thanked for the report.

 

 

     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

3496/12 RESOLVED:       (Ainsworth/Court)

 

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 12.1    SF1713              150812      Progress on Finalising Organisation Structure - Confidential

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.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 11.48 am.

 

 

 

RESUME IN OPEN MEETING

 

3497/12 RESOLVED:       (Flack/South)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 12.03 am.

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

 

ITEM 12.1    SF1713              150812      Progress on Finalising Organisation Structure - Confidential

3498/12 RESOLVED:       (Court/Ainsworth)

 

1        That Council note the progress in implementing the organisation structure and adopt the revised organisation structure chart in the confidential circularised document.

 

2        That Council adopt the recommendations shown in bold font in the report.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 3.00 pm. 

 

Confirmed and signed by the Mayor on 30 August 2012.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)