The following document is the minutes of the Council meeting held on 13 February 2013. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 28 February 2013 and therefore subject to change.  Please refer to the minutes of 28 February 2013 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Paula Flack

Cr Kim MacDonald

Cr Bob Morrison

Cr Anne Smyth

Cr Elaine South

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Greg Meyers (AGM Corporate & Community Services)

Paul Gallagher (AGM Engineering Services)

 

 

 

PRAYER

 

Father Paul Sullivan offered a prayer on behalf of the Nambucca Minister's Association.

 

 

INTRODUCTION OF NEW STAFF MEMBERS

 

New staff members were introduced to Councillors, Sam Russel, Bob Hitchinson and Jack Kofoa.

 

 

DISCLOSURE OF INTEREST

 

The Assistant General Manager Corporate and Community Services, Mr Greg Meyers, declared a pecuniary interest in Item 10.6 DA 2012/119 Assessment Report for Proposed Education Establishment - JRPP Determination under the Local Government Act as Mr Meyers’ wife is an employee of the Lismore Diocese working at St Patricks Primary School who are the beneficiaries of the application.  Mr Meyers left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 31 January 2013

 

1/13 RESOLVED:  (South/Smyth)

 

That the minutes of the Ordinary Council Meeting of 31 January 2013 be confirmed.

 

 

 

NOTICE OF MOTION - CR Smyth

 

ITEM 5.1     SF1817              130213     Notice of Motion - Request for Leave - Cr Anne Smyth - 11 to 13 March 2013 (SF1228)

2/13 RESOLVED:  (Smyth/Flack)

 

That Cr Anne Smyth be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 11 to 13 March 2013 inclusive to attend the 2013 LGSA Tourism Conference.

 

 

 


NOTICE OF MOTION - CR Smyth

 

ITEM 5.2     SF1817              130213     Notice of Motion - Request for Leave - Cr Anne Smyth - 27 April to 11 May 2013 (SF1228)

3/13 RESOLVED:  (Smyth/Flack)

 

That Cr Anne Smyth be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 27 April to 11 May 2013 inclusive for personal reasons.

 

 

 

NOTICE OF MOTION - CR Morrison

 

ITEM 5.3     SF1817              130213     Notice of Motion - Request for Leave - Cr Bob Morrison (SF1788)

4/13 RESOLVED:  (Morrison/South)

 

That Cr Bob Morrison be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 2 to 19 April 2013.

 

 

 

NOTICE OF MOTION - CR Flack

 

ITEM 5.4     SF1817              130213     Notice of Motion - CALL IN DA 2012/108 Residential Flat Building and Serviced Apartments (22) at Lot 1 DP 1016126, 4 Frazer Street Nambucca Heads

5/13 RESOLVED:  (Flack/Smyth)

 

That DA 2012/108 Residential Flat Building and Serviced Apartments (22) at Lot 1 DP 1016126, 4 Frazer Street Nambucca Heads, be called in for determination by Council.

 

   

 

6/13 Resolved(MacDonald/Smyth)

 

That Council hear a public forum from Mr Lachlan Ison from the Rural Fire Service.

 

Mr Ison made the following points:

 

  • The proposed budget for 2013/14 is up on this year but below the year before
  • Main difference in the proposed budget is the replacement of two vehicles
  • There are 3 vehicles in the Nambucca Shire which are more than 20 years of age
  • Not desirable to have vehicles more than 20 years in age because of maintenance costs, reliability issues and outdated technology
  • In the Nambucca Valley there should be a program to replace 1 to 2 vehicles per year
  • Other than vehicle replacement there are no major changes to the budget
  • The proposed budget is $2,296,859 of which Council will have to contribute around $286,000

 

 

ITEM 11.2   SF84                  130213     Rural Fire Service draft “BID”

7/13 RESOLVED:  (Finlayson/Ainsworth)

 

1        That Council advise the Lower North Coast Rural Fire Service Zone Manger, the          Commissioner for the Rural Fire Service and the Minister for Police and Emergency Services that Council is only prepared to accept the RFS BID for 2013/14 indexed as per the rate          pegging levy of 3.4%.

 

2        That Council formally endorse an amended BID from the Rural Fire Service for the 2013/14 financial year as Council’s contribution for 2012/13 being $211,791 indexed as per the rate     pegging levy of 3.4% (being $218,991.90 for the 2013/14 financial year).

 

8/13 Resolved(Flack/Ainsworth)

 

3        That Council thank Mr Lachlan Ison for attending the Council meeting and briefing Council on the Draft RFS budget for the Nambucca Valley for the 2013/14 financial year.

 

 

 

ASKING OF QUESTIONS WITH NOTICE

 

There were Questions with Notice from Cr Morrison: 

 

Background

 

There was a media release in the Guardian News of the 24th January 2013 indicating that Council had resolved in principle to support the sale of part of Gordon Park which was incorrect.  In that meeting the following motion was resolved;

 

"That Council advise the Crown Lands Office that it doesn't generally support the sale of community land however Council does recognise there is a need to reconstruct the failing retaining wall and Council supports the Crown Land Division advertising the application for comment."

 

I have attached a report appearing in the Guardian News dated the 24th January 2013.

 

What concerns me is the heading in the Guardian News which states;

 

Coastal park land sale decision is a 'mistake'

 

If one reads the motion again there is a definite contradiction e.g. "That Council advise the Crown Lands Office that it doesn't generally support the sale of community land".  Surely that is clear enough.    

 

"However Council does recognise there is a need to reconstruct the failing retaining wall.  That is a blinding glimpse of the obvious and my comments at the meeting were to the effect that Council should look favourable at any application by the land owner for reconstruction of the retaining wall as it would no doubt be of benefit to his property.

 

"Council supports the Crown Land Division advertising the application for comment".  The intent of which was to place the responsibility for the decision back into the hands of the body that owns the land on behalf of the Government.

 

I made it clear at the meeting that as "TRUSTEES" I was not going to support the selling of the Crown Jewels as the land was allocated to us to look after as trustees.  I had previously considered leasing portion of the land, but this was rejected by my fellow councillors.

 

The Mayor on questioning by Cr. Flack questioned the "meaning" of the resolution when it was moved and it was made very clear by the Mayor that it was not an attempt to "hide" any kind of support for actual sale of the land. In fact the Mayor  explicitly stated saying there is "no conspiracy going on here".  It appeared Cr. Flack took offence at the Mayors comment and claimed that was not what she meant.

 

Í was totally of the opinion that all matters had been clarified to all present.  As a seconder of the motion, that article goes against all my comments and intent of the motion and an error and gives an incorrect, in fact opposite perspective. My questions with notice are;

 

1        As I understand, there are only two persons who are authorised to make statements of policy on behalf of Council; Namely the Mayor and GM and any authorised senior management in his staff.   Is this correct?

 

2        I do not believe that there was any confusion with the staff present at the meeting re this motion.   Is this correct?

 

3        Could Cr Flack please explain whether the comments attributed to her and the caption in the attached article were correct?  If Cr Flack feels she has been misquoted, then clearly this will show to the Guardian reporter present that the article presented in the Guardian Newspaper was in error.   It is hoped that a correction/retraction correcting the errors will appear in the next edition.

 

Response from Cr Flack: “Yes the comments in the Nambucca Guardian article attributed to me are correct and I stand by them. They are consistent with the comments I made in the open Council meeting regarding the matter.”

 

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                130213     Outstanding Actions and Reports

9/13 RESOLVED:  (Ainsworth/Finlayson)

 

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

 

 

 

ITEM 9.2     SF894                130213     Independent Local Government Review Panel - Assessment of Outcomes of the 2004 Local Government boundary changes in NSW

10/13 RESOLVED:          (Ainsworth/Finlayson)

 

That the information concerning the report on assessing processes and outcomes of the 2004 Local Government boundary changes in NSW be received and that Council forward a further submission to the Panel based on the matters raised in the report and during discussion at the Council meeting, the latter being the need to retain local identity; that the emphasis should be on localism not regionalism; the need to consult with the community concerning their satisfaction with the 2004 local government boundary changes; and the need for evidence as to the cost benefit of the 2004 boundary changes.

 

 

 

ITEM 9.3     SF544                130213     Section 94 Status Report

11/13 RESOLVED:          (Smyth/Flack)

 

1        That Council approve the Draft s.94A development contributions plan and that it be forwarded to the Department of Planning and Infrastructure (DPI) for consideration, as per Ministerial requirements subject to a change to the work schedule (page 77) by deleting the Priority column and adding a row for Bowraville.

 

2        That following consideration by the Department of Planning and Infrastructure and any required changes being made to the draft plan, the draft plan be put on public exhibition for 28 days. After the public exhibition period, the plan will be resubmitted to Council for final approval, accompanied by a report of public comments and any proposed changes.

 

 

 


Assistant General Manager Corporate and Community Services Report

 

ITEM 10.1   SF1709              130213     Outstanding DA's greater than 12 months, applications where submissions received not determined to 21 - 31 January 2013

12/13 RESOLVED:          (Finlayson/MacDonald)

 

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

 

 

 

ITEM 10.2   SF1718              130213     Aboriginal Community Advisory Committee

13/13 RESOLVED:          (Flack/Ballangarry)

 

That Council hold an annual Aboriginal forum using Council’s Aboriginal Culture and Heritage Management Plan as a point of reference with the aim of raising relevant issues that can formally feed into Council’s processes. In addition, Council maintain an annual Elders morning tea.

 

14/13 Resolved:          (Flack/MacDonald)

 

That Council write to the members of the Aboriginal Community Advisory Committee thanking them for their contribution to the community and advising of the new approach that Council is now taking.

 

 

ITEM 10.3   SF251                130213     Schedule of Council Public Meetings

15/13 RESOLVED:          (Ainsworth/South)

 

That the schedule of dates for public Council meetings be noted and received for information by Council.

 

 

 

ITEM 10.4   SF336                130213     Taylors Arm Hall Committee of Management - Minutes of Annual General Meeting - 8 December 2012

16/13 RESOLVED:          (Flack/Ballangarry)

 

That Council endorse the Minutes of the Committee of Management for the Taylors Arm Hall Annual General Meeting held on 8 December 2012 and thank the Committee for their continued good work in the past twelve months.

 

 

 

ITEM 10.5   SF338                130213     Tewinga Community Centre Committee of Management AGM – 21 November 2012 - Minutes

17/13 RESOLVED:          (Ainsworth/Flack)

 

That Council endorse the Minutes of the Committee of Management for the Tewinga Community Centre’s Annual General Meeting held on 21 November 2012 and thank the outgoing Committee for their work in the past twelve months.

 

 

 


The Assistant General Manager Corporate and Community Services (Greg Meyers) left the meeting at 11.51 am and returned after the conclusion of the item at 11.56 am.

 

ITEM 10.6   SF1816              130213     DA2012/119 Assessment Report for Proposed Education Establishment - JRPP Determination

18/13 RESOLVED:          (Finlayson/South)

 

1        That Council note the report sent to the Joint Regional Planning Panel on the proposal for an Education Establishment, for St Patricks School.

 

2        That Council ask the Joint Regional Planning Panel to incorporate an appropriate condition that requires the installation of rain water tanks as a sustainability measure.

 

 

 

 

ITEM 10.7   SF1817              130213     Investment Report to 31 January 2013

19/13 RESOLVED:          (MacDonald/Finlayson)

 

That the Accountants’ Report on Investments placed to 31 January 2013 be noted.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1   SF85                  130213     NSW Rural Fire Service Liaison Committee meeting No. 2 – 2012/13

20/13 RESOLVED:          (Flack/Finlayson)

 

That Council receive, note the report and endorse the minutes for the RFS Liaison Committee Meeting No 2 - 2012/13 held on Thursday 17 January 2013.

 

 

Item 11.2 was dealt with under Public Forums

 

     

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

RESOLVED:

 

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              130213     Nambucca Heads Sewerage Treatment Plant and System Augmentation - Variations and Delay/Disruption Claims

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) (c) (g) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; AND 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 12.25 pm.

 

 

 

 

RESUME IN OPEN MEETING

 

RESOLVED:

 

That Ordinary Council Meeting resume in Open Meeting.  The Ordinary Council Meeting resumed IN OPEN MEETING at 12.45 pm

 

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

 

ITEM 12.1   SF1713              130213     Nambucca Heads Sewerage Treatment Plant and System Augmentation - Variations and Delay/Disruption Claims

21/13 RESOLVED:          (Finlayson/Ainsworth)

 

1        That Council adopt the negotiated settlement of $390,994 as a full and final settlement of all claims under the contract for the augmentation of the Nambucca Heads sewerage treatment plant and system.

 

2        That Council pay the NSW Public Works fees expended in resolving the delay claim (estimated to be $83,714.10 Ex GST).

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 12.46 pm. 

 

Confirmed and signed by the Mayor on 28 February 2013.

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)