The following document is the minutes of the Council meeting held on 12 June 2013.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 27 June 2013 and therefore subject to change.  Please refer to the minutes of 27 June 2013 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Kim MacDonald

Cr Paula Flack

Cr Anne Smyth

Cr Bob Morrison

Cr Elaine South

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Peter Wilson (AGM Corporate & Community Services)

Paul Gallagher (AGM Engineering Services)

 

 

 

APOLOGIES

 

Cr Finlayson

 

 

PRAYER

 

Pastor Darryl Spriggs of the Presbyterian Church offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

TheGeneral Manager declared a Non-Pecuniary Significant Conflict of Interest in relation to item 10.2 concerning the Donations Program as he is a Patrol Captain at the Macksville Scotts Head Surf Life Saving Club and the Club made a submission for funding from the donations program.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 30 May 2013

22/13 RESOLVED:          (South/Smyth)

 

That the minutes of the Ordinary Council Meeting of 30 May 2013 be confirmed.

 

Cr Flack queried page 11 and the resolution to approach Bellingen Shire Council regarding forming a working group for all three Councils.  The General Manager agreed to forward a copy of the letter which was sent to Coffs Harbour City Council and Bellingen Shire Council.

 

Cr Morrison tabled a document at the meeting and asked whether tabled documents are attached to the minutes.  The Mayor advised she would check meeting procedures.

 

 

  

ASKING OF QUESTIONS WITH NOTICE

 

There were no Questions with Notice.

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

There were no Question for Closed Meeting where due Notice had been received.

 

 

 

General Manager Report

 

ITEM 9.1     SF270                120613     Outstanding Actions and Reports

23/13 RESOLVED:          (Flack/MacDonald)

 

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

 

24/13 Resolved:          (Flack/Smyth)

 

That Council receive a report in Closed Meeting regarding the progress of the onsite sewage management system at 5625 Pacific Highway, North Macksville.

 

25/13 Resolved:          (Morrison/Ainsworth)

 

That Council write to the Roads and Maritime Services emphasising the critical nature of the Link Road intersection and request a response as soon as possible to Council’s correspondence.

 

 

 

ITEM 9.2     SF894                120613     Independent Local Government Review Panel - Future Directions for NSW Local Government - Twenty Essential Steps

Motion:     (Ainsworth/MacDonald)

 

Council advise the Independent Local Government Review Panel that whilst it is open to alliances to achieve enhanced efficiency, there is no evidence that the proposed multi-purpose County Councils will improve efficiency and effectiveness whilst keeping the “local” in local government.  For this reason Council advise the Independent Local Government Review Panel that it opposes the creation of the multi-purpose North Coast County Council with the minimum set of core functions specified on page 34 of the report.

 

Amendment:      (Ainsworth/Morrison)

 

That Council advise the Independent Local Government Review Panel that whilst it is open to alliances to achieve enhanced efficiency, there is no evidence that the proposed multi-purpose County Councils will improve efficiency and effectiveness whilst keeping the “local” in local government.  For this reason Council advise the Independent Local Government Review Panel that it opposes the creation of the multi-purpose North Coast County Council with the minimum set of core functions specified on page 34 of the report.  Also that the submission includes the following additional comments:

 

  • Cr Morrison - that this Council opposes the creation of the multi-purpose Council until such time that it can be shown to our residents that the creation of a multi-purpose Council will lead to better efficiency outcomes, improved assets and asset management and the betterment of living and lifestyles conditions within our Shire.

 

  • Cr Smyth – that Council note the inconsistencies between the Independent Panel and Local Government Act taskforce re ward system

 

  • Cr Ainsworth –the restriction of representation of Councillors for 3 terms – impinging on democratic rights

 

  • Cr Flack – the submission should seek confirmation from State Government that if it all goes “pear shaped” ratepayers shouldn’t bear the cost of de-amalgamations.

 

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

 

26/13 Resolved:          (Ainsworth/Morrison)

 

That Council advise the Independent Local Government Review Panel that whilst it is open to alliances to achieve enhanced efficiency, there is no evidence that the proposed multi-purpose County Councils will improve efficiency and effectiveness whilst keeping the “local” in local government.  For this reason Council advise the Independent Local Government Review Panel that it opposes the creation of the multi-purpose North Coast County Council with the minimum set of core functions specified on page 34 of the report.  Also that the submission includes the following additional comments:

 

Cr Morrison - that this Council opposes the creation of the multi-purpose Council until such

 

  • Cr Morrison - that this Council opposes the creation of the multi-purpose Council until such time that it can be shown to our residents that the creation of a multi-purpose Council will lead to better efficiency outcomes, improved assets and asset management and the betterment of living and lifestyles conditions within our Shire.

 

  • Cr Smyth – that Council note the inconsistencies between the Independent Panel and Local Government Act taskforce re ward system

 

  • Cr Ainsworth –the restriction of representation of Councillors for 3 terms – impinging on democratic rights

 

  • Cr Flack – the submission should seek confirmation from State Government that if it all goes “pear shaped” ratepayers shouldn’t bear the cost of de-amalgamations

 

 

 

ITEM 9.3     SF734                120613     Request to Acquire a Section of Gordon Park - Response from the Crown Lands Division

27/13 RESOLVED:          (Ainsworth/South)

 

That Council respond to the Crown Lands Division providing a copy of all of the submissions from Mr and Mrs Leckie; their expert advice; submissions from the public; the reports to and resolutions of Council; as well as copies of newspaper reports and request that the Crown Lands Division determine the matter as per Council’s resolution of 16 January 2013.

 

 

 

ITEM 9.4     SF841                120613     Proposed Bridge over the Nambucca River - Navigation Clearances

28/13 Resolved:          (Flack/Ainsworth)

 

That Council note the information provided by the Roads and Maritime Services in relation to the proposed spans and height of the Nambucca River crossing and forward a copy of the advice to the Nambucca River Users Group.

 

 

 

Assistant General Manager Corporate and Community Services Report

 

ITEM 10.1   SF270                120613     Remuneration for Mayor and Councillors - 2013/14

Motion:     (Flack/South)

 

1        That the annual fee payable to Councillors in 2013/14 be $10,480.

 

2        That the additional annual fee payable to the Mayor in 2013/14 be $22,870.

 

3        That the variation to the 2013/14 Budget allocation be reflected in the September 2013 Quarterly Budget Review.

 

Amendment:      (Morrison/Ainsworth)

 

That the annual fee payable to Councillors to remain the same.

 

The amendment was LOST.

 

The motion was carried and it was:

 

29/13 Resolved:          (Flack/South)

 

1        That the annual fee payable to Councillors in 2013/14 be $10,480.

 

2        That the additional annual fee payable to the Mayor in 2013/14 be $22,870.

 

3        That the variation to the 2013/14 Budget allocation be reflected in the September 2013 Quarterly Budget Review.

 

 

 

General Manager left the meeting for this item

 

ITEM 10.2   SF25                  120613     Donations Program 2013-2014

30/13 RESOLVED:          (Flack/Ainsworth)

 

That Council remove the existing delegation to the General Manager and/or Mayor for distribution of small donations and further that the residual donation program funding applications be referred to Council for determination in accordance with the Donations Policy

 

31/13 Resolved:          (Flack/Ainsworth)

 

That donations under the 2013/14 Donations Program be made in accordance with the recommendations set out in the schedule below:

 

Organisation

$ Donation 2013/14

Life Education NSW

1,000.00

Mary Boulton Pioneer Cottage & Museum [s355]

1,000.00

Macksville Senior Citizens Club [s355]

1,000.00

Nambucca District Band

1,000.00

Headland Museum (Nambucca District Historical Society) [s355]

830.00

Nambucca Valley Arts Council

750.00

Nambucca Valley Craft and Art Inc.

Photocopying

Nambucca River Marine Rescue Inc.

1,000.00

Scotts Head Sports Field Committee [s355]

1,000.00

North Coast TAFE, Macksville [no application required]

100.00

Talarm Hall Committee [s355]

1,000.00

Shire Schools 7 @ $50 [no application required]

350.00

Nambucca Heads Men’s Shed

1,000.00

Annual Program

10,030.00

Balance

4,970.00

Total

$15,000.00

 

 

 

ITEM 10.3   SF36                  120613     Code Of Conduct 2013 – Commencement And Key Resources 

32/13 RESOLVED:          (South/Finlayson)

 

1        That Council adopt the new DLG Model Code of Conduct framework, as amended, as Nambucca Shire Council’s Code of Conduct.

 

2        That the Assistant General Manager Corporate & Community Services be appointed as the Complaints Coordinator and the Manager Human Resources be appointed as the alternate Complaints Coordinator.

 

3        That a further report be presented to Council in relation to the appointment of an independent Code of Conduct Review Panel.

 

4        That the Assistant General Manager Corporate & Community Services be appointed as the Public Interest Disclosures Coordinator.

 

33/13 Resolved:          (Flack/Smyth)

 

That Council seek clarification on:

 

·  the question of quorums where a majority of Councillors have a conflict of interest.

 

·  the statement that Councillors can only approach staff or staff organisations to discuss broad work place policies.

 

·  Council staff not being able to speak to objectors outside normal hours but there is no similar reference to developers.

 

 

 

ITEM 10.4   SF1771              120613     Investment Report to 31 May 2013

34/13 RESOLVED:          (MacDonald/Morrison)

 

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

 

 

 

ITEM 10.5   SF1822              120613     Minutes of the Access Committee meeting held 23 April 2013

Motion:     (Flack/South)

 

That the Committee’s submission to the Joint Standing Committee on Road Safety regarding Non-registered motorised scooters be noted, and the minutes of the Nambucca Shire Council Access Committee meeting held 23 April 2013 be endorsed.

 

(commented that the minutes listed are for the May, not April meeting)

 

Amendment:      (Ainsworth/MacDonald)

 

That the matter be deferred to clarify whether the minutes are for the April or May meeting of the Committee.

 

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

 

 

35/13 Resolved:          (Ainsworth/MacDonald)

 

That the matter be deferred to clarify whether the minutes are for the April 2013 or May 2013 meeting of the Access Committee.

 

 

 

ITEM 10.6   SF632                120613     Re-reporting Modification to 2012/010 to remove Lot 14 from the development

Motion:     (Flack/Smyth)

 

1        That Council consent to the Modification DA2012/010/01 for the excising of Lot 14 from the development, subject to the recommended modified conditions attached to this report.

 

2        That Council consent to the request to vary car parking requirements within Part C of the Nambucca Development Control Plan 2010 subject to the payment of Section 94 Contributions in lieu of short fall of on-site car park spaces being 8 spaces at $8,821 per space as per the table below.

 

Public amenity or service

Unit type

No of Units

Contribution Rate (Amount per Unit)

Contribution Levied

Date until which Contribution rate is applicable

Parking: Macksville CBD

Car park space

8

$8,821

$70, 568

2013

 

3        That Council apply the funds raised by this development to public car-parking improvements within or adjacent to the Macksville CBD.

 

Amendment:      (MacDonald/Morrison)

 

The matter be deferred so as to provide confirmation via a diagram of the 21 off street parking spaces.

 

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

 

36/13 Resolved:          (MacDonald/Morrison)

 

The matter be deferred so as to provide confirmation via a diagram of the 21 off street parking spaces.

 

For the Motion:      Councillors Morrison, Ballangarry, Flack, Smyth, Ainsworth, MacDonald, South and Hoban   (Total 8)

Against the Motion:         Nil

 

 

 

ITEM 10.7   SF1709              120613     Outstanding DA's greater than 12 months, applications where submissions received not determined to 20 May - 7 June 2013

37/13 RESOLVED:          (Flack/Smyth)

 

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

 

 

 

ITEM 10.8   SF1148              120613     Contract Regulatory Officer's Report May 2013

38/13 RESOLVED:          (Flack/South)

 

That the report from the Contract Regulatory Officer for May 2013 be received and noted by Council.

 

 

 

ITEM 10.9   SF251                120613     Schedule of Council Public Meetings

39/13 RESOLVED:          (Flack/Morrison)

 

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

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1   SF632                120613     Disposal of Closed Road - Taylors Arm Road, Burrapine

40/13 RESOLVED:          (Flack/MacDonald)

 

1        That Council execute a transfer of title of Lots 1 & 2 DP 1173090 to Mr P & Mrs M Simmons for nil consideration.

 

2        That Council advise the Office of State Revenue of the circumstances of the transfer.

 

3        That Council’s seal be affixed to all relevant documents.

 

     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

Resolved:         (Ainsworth/MacDonald)

 

That the Council go into Closed Meeting.

 

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   SF734                120613     Request to Acquire a Section of Gordon Park - Response from the Applicant

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 10.32am

 

 

 

RESUME IN OPEN MEETING

 

Resolved:         (Flack/Ainsworth)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 10.45am.

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1   SF734                120613     Request to Acquire a Section of Gordon Park - Response from the Applicant

41/13 RESOLVED:          (South/Smyth)

 

That Council note the “without prejudice” comments and request from Kelli and Clint Leckie.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 10.45am. 

 

Confirmed and signed by the Mayor on 27 June 2013.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)