The following document is the minutes of the Council meeting held on 11 September 2013.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 26 September 2013 and therefore subject to change.  Please refer to the minutes of 26 September 2013 for confirmation.

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth (arrived at 8.35 am)

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)

Peter Wilson (AAGM Corporate & Community Services)

Noel Chapman (AAGM Engineering Services)

 

 

 

PRAYER

 

Rev Jilleen Chambers (Anglican 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 the Notice of Motion - Nambucca Valley Conservation Association’s (NVCA) representative on Council’s Nambucca River Creeks Estuaries and Coastal Management Committee under the Local Government Act as Cr Flack is an ordinary member of the NVCA who is nominating its new representative for Council’s Estuary Committee. 

 

Councillor Smyth declared a pecuniary interest in Item 9.3 Nambucca Valley Landcare and Mid North Coast Farm Foresters - Request for Accommodation under the Local Government Act as Cr Smyth has a family member who is an employee of Nambucca Valley Landcare..  Cr Smyth left the meeting for this item.

 

Councillor K MacDonald declared a pecuniary interest in Item 9.10 Consolidation of Land Parcels for Dam Site under the Local Government Act as Cr MacDonald’s employers are the fuel suppliers for several dam contractors.  Cr MacDonald left the meeting for this item.

 

Councillor B Morrison declared a non-pecuniary less significant conflict of interest in Item 10.7 Minutes of the Access Committee meeting held 23 July 2013 (Part of the Minutes that refer to Road Markings, Directional Arrows at the Nambucca Plaza) under the Local Government Act as Cr Morrison owns shops at the Nambucca Plaza.

 

Councillor K MacDonald declared a pecuniary interest in Item 11.2 Nambucca District Water Supply – Adaptive Management Strategy Monitoring And Workshop under the Local Government Act as Cr MacDonald’s employers are the fuel suppliers for several of the dam contractors.  Cr MacDonald left the meeting for this item.

 

Councillor R Hoban declared a non-pecuniary significant conflict of interest in Item 12.1 Valla Quarry - Compliance with Consent Conditions - Proposed Application to Modify Consent to Permit Increased Output under the Local Government Act as Cr Hoban was involved in negotiating the Conditions of Consent for this development.  Cr Hoban left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 29 August 2013

 

1/13 RESOLVED: (Flack/South)

 

That the minutes of the Ordinary Council Meeting of 14 August 2013 be confirmed subject to the following:

 

Page 2 with reference to speed zones – the “s” bends are on Rodeo Drive, not Wilson Road.

 

 

 

NOTICE OF MOTION – LATE

 

ITEM 2- Cr. Paula Flack - Notice of Motion - Nambucca Valley Conservation Association's Representative on Council's Nambucca River Creeks Estuaries and Coastal Management Committee (SF1496) (Ref SF1817)

2/13   RESOLVED: (Flack/Smyth)

 

That Council endorse Mr Rudy Van Drie as the Nambucca Valley Conservation Association’s representative on Council’s Nambucca River Creeks Estuaries and Coastal Management Committee.

 

 

 

Cr Hoban left the meeting for the duration of this delegation and returned after the conclusion of this delegation as it relates to item 12.1 In Closed Meeting.

 

 DELEGATIONS

 

3/13 Resolved: (MacDonald/Smyth)

 

That Councillor Flack take the Chair as the Mayor had a non-pecuniary significant conflict of interest in this item from Closed Meeting - ITEM 12.1 Valla Quarry - Compliance with Consent Conditions - Proposed Application to Modify Consent to Permit Increased Output

 

4/13 Resolved: (South/Smyth)

 

That the following delegations be heard:

 

i)       Rhonda Davies- Valla Quarry

Ms Davies spoke making the following points:

·   Purchased property in year 2000

·   Objected to DA and attended Land and Environment Court hearing

·   Concerned about poor compliance with conditions

·   Was at Land and Environment Court when conditions were agreed to

·   Have continually complained about noise, dust and vibration

·   EPA has taken measures to reduce noise at crusher plant

·   Now have to complain about quantity of material leaving the quarry

·   Cannot understand how this breach of condition has been allowed to continue

·   Does not understand why the matter is being heard in closed

·   Operation of quarry should not be at the cost of the residents in the area

·   Has Council purchased product from quarry.  Council is both customer and regulator.

·   Council is in a compromised position

·   No amendment has been allowed to the condition

·   Quarry licence should be suspended immediately and a substantial fine imposed

·   Noise from dumping rock and rock pick is unsettling

·   Yearly limit was imposed to manage noise and other impacts

·   Noise of trucks across road

·   Substantial road damage has been caused

·   Asks Council to consider what residents have gone through for last 13 years

·   How can residents sell their homes

·   House is 750m from quarry

·   Wants quarry fined, not a fine which is a good business decision.

·   Wants quarry operations suspended until they comply with their production limit

 

 

 

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                110913     Outstanding Actions and Reports

5/13 RESOLVED: (Flack/Smyth)

 

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

 

6/13 Resolved: (Morrison/Ainsworth)

 

That a follow up letter requesting a reply be sent in relation to Item 8 SF251 to the appropriate people.

 

 

 

ITEM 9.2     SF1437              110913     Nambucca Island Golf Club - Request for a New 15 Year Lease

7/13 RESOLVED: (Ainsworth/MacDonald)

 

That Council hear from Mr Robin Bryant, an Aboriginal Elder in relation to the matter.

 

  • Mr Bryant expressed concern that the proposed lease does not mention the Native Title claimants
  • Mr Bryant expressed concern that there had been no consultation with the Native Title claimants in relation to the lease

 

8/13 Resolved: (Finlayson/Morrison)

 

1        That Council as Trustee of the Crown Reserve (Trust No. 77566) endorse negotiations with the Nambucca Heads Island Golf Club with the objective of extinguishing the existing lease and entering into a new 15 year lease.

 

2        That the final lease be presented to Council for endorsement.

 

3        That Crown Lands be advised of Council’s intention.

 

9/13 Resolved: (Flack/Smyth)

 

That Council make enquiries as to whether the sewerage connection to the Golf Club across the causeway has been inspected or upgraded as it was observed to be in poor condition a number of years ago.

 

 

Cr Smyth left the meeting for this item at 9.55 am and returned after the conclusion of this item at 10.02 am.

 

ITEM 9.3     SF652                110913     Nambucca Valley Landcare and Mid North Coast Farm Foresters - Request for Accommodation

10/13 RESOLVED:         (Finlayson/MacDonald)

 

That Council endorse the provision of temporary office accommodation for Nambucca Valley Landcare Inc and the Mid North Coast Farm Foresters for a period of six months only.

 

 

 

Note: Cr Finlayson advised that alternative arrangements had been made for the payment of contributions and that the matter be withdrawn.

 

ITEM 9.4     DA2010/004       110913     VPR Developments - Stage 5 - Proposed Continuation of Caveat to Allow Settlement of Developer Contributions

11/13 RESOLVED:         (Hoban/Ainsworth)

 

That Council note the advice that consideration of this item is no longer required and that the item be withdrawn.

 

 

 

ITEM 9.5     SF112                110913     Christmas Holidays Closure - 2013-2014

12/13 RESOLVED:         (Smyth/Flack)

 

1    That Council note the closure of the Administration Centre for the period Wednesday 25 December 2013 to Wednesday 1 January 2014 (inclusive) noting that emergency services will be on-call in regard to essential services.

 

2    That Council conduct only one Ordinary Meeting in December which will be Wednesday 11 December 2013 commencing at 8.30am and two meetings in January, being Wednesday 15 January and Thursday 30 January 2014.

 

 

 

ITEM 9.6     SF777                110913     Vegetation Mapping Project

13/13 RESOLVED:         (Flack/Smyth)

 

1        Council receive the information as an indicator of possible Endangered and Threatened Ecological Communities in NSW and Federal legislation.

2        Council make the information available to property owners, organisations, public authorities and the media on request with the advice that the information should not be relied upon as determinative of the location of possible Endangered and Threatened Ecological Communities.

3        In terms of the use of the information by Council that it not be considered determinative of the location of possible Endangered and Threatened Ecological Communities.

4        The information be utilised by Council in natural resource grant applications.

5        That the OEH be thanked for their in-kind contribution in undertaking the work.

 

 

 

ITEM 9.7     SF1120              110913     Grant Application Status Report

14/13 RESOLVED:         (Flack/South)

 

That the list of grant applications and their status to 29 August 2013 be received.

 

15/13 Resolved:         (Flack/Smyth)

 

That a report come back to Council on the better boating funding program regarding the proposed Jetty on Stuart Island with details about the design, review of environmental factors, any need for maintenance dredging and environmental impacts generally.

 

That further clarification be provided on the $20,000 from the Environmental Levy for the Macksville CBD economic strategy.

 

 

 

ITEM 9.8     SF544                110913     Project Administration Contribution Plan August 2013 - Final

16/13 RESOLVED:         (Smyth/Flack)

 

That Council adopt the final Project Administration Contributions Plan August 2013.

 

For the Motion:               Councillors Ainsworth, Ballangarry, Finlayson, Flack, Hoban, MacDonald,                                                Morrison, Smyth and South                Total 9

Against the Motion:         Nil

 

 

 

ITEM 9.9     SF544                110913     Upper Warrell Creek Road Contributions Plan  - Final

17/13 RESOLVED:         (Flack/Smyth)

 

1        That Council adopt the final Upper Warrell Creek Road Developer Contributions Plan  August 2013.

 

2        That notice of adoption is advertised on 19 September and the plan becomes effective at that time.

 

3        That a response be sent to Mr Ackland.

 

For the Motion:               Councillors Ainsworth, Ballangarry, Finlayson, Flack, Hoban, MacDonald,                                                Morrison, Smyth and South                Total 9

Against the Motion:         Nil

 

 

 

General Manager Report – LATE

 

Cr MacDonald left the meeting for this Item at 10.25 am and returned after the conclusion of this item at 10.26 am.

 

ITEM 9.10   SF1103              110913     Consolidation of Land Parcels for Dam Site

18/13 RESOLVED:         (Finlayson/Ainsworth)

 

That Council reconfirm that Lot 1 DP 1186268 be classified as Operational Land following the consolidation of the 14 lots as described in the Table in the report.

 

 

 

Assistant General Manager Corporate and Community Services Report

 

ITEM 10.1   SF24                  110913     Request For Donation From Rotary Club Of Macksville

19/13 RESOLVED:         (Flack/Smyth)

 

That a donation of $691.00, under Sec 356 of the NSW Local Government Act 1993, to the Rotary Club of Macksville be approved.  

 

 

 

ITEM 10.2   SF1620              110913     Integrated Planning & Reporting – Delivery Program 2012-2016 Progress Report To 30 June 2013

20/13 RESOLVED:         (Finlayson/Ainsworth)

 

1        That Council endorse the 2012/13–2015/16 Delivery Program Progress Report for the year ending 30 June 2013.

 

2        That the summary of achievements, highlights and events for 2012/13 be noted.

 

21/13 Resolved:         (Flack/Smyth)

 

That a report come back to Council regarding companion animal management and options to improve animal welfare and housing and possible options to improve Council’s performance including the consideration of initiatives by other councils.

 

 

 

ITEM 10.3   SF1031              110913     Adoption Of Local Approvals Policies

22/13 RESOLVED:         (Finlayson/MacDonald)

 

1        That the Draft Local Approvals Policy - Stormwater Drainage from Buildings, Structures and Disposal of Waste Water from Swimming and Spa Pools on large rural properties in excess of 20Ha in area, be adopted.

 

2        That the Draft Local Approvals Policy - Keeping of Animals, as amended, be adopted.

 

3        That the Draft Local Approvals Policy – Use of Road Reserves and Public Land for A-Frame Signs, Outdoor Dining Areas, Trading Tables, Street Vending and Other Structures by Commercial Premises, and Community and Charitable Organisations (2009/2010), be adopted.

 

4        That the Council’s Policy Register be updated.

 

 

 

ITEM 10.4   SF1875              110913     Application For Special Rate Variation 2014/15

Motion:    (Flack/Ballangarry)

 

1        That Council undertake a community awareness and engagement program on plans to apply for a Section 508A Special Rate Variation of 3.00% for four (4) years from 2014/15.

 

2        That the review of the Long Term Financial Plan include and exclude the Special Rate Variation as scenarios.   

 

3        That alternative scenarios to a rate rise, such as borrowings and LIRS applications, be also considered in the review of the Long Term Financial Plan.   Also that there be other rate increase options considered.

 

Amendment:      (Flack/Ballangarry)

 

1        That Council undertake a community awareness and engagement program on plans to apply for a Section 508A Special Rate Variation of up to 3.00% for up to four (4) years from 2014/15.

 

2        That the review of the Long Term Financial Plan include and exclude the Special Rate Variation as scenarios.   

 

3        That alternative scenarios to a rate rise, such as borrowings and LIRS applications, be also considered in the review of the Long Term Financial Plan.   Also there be a number of rate increase options considered.

 

 

The amendment was carried and became the motion

 

Further Amendment:       (MacDonald/Ainsworth)

 

1        That Council undertake community awareness of a Section 508(2) application increase of          3.0% over and above the assumed rate peg for one year only being 2014/2015 with the rate          then reverting to the previous level.

 

2        That the review of the Long Term Financial Plan include and exclude the Special Rate Variation as scenarios.   

 

3        That alternative scenarios to a rate rise, such as borrowings and LIRS applications, be also considered in the review of the Long Term Financial Plan.   Also there be a number of rate increase options considered.

 

The amendment was LOST.

 

ADDITIONAL Further Amendment:     (Ainsworth/Morrison)

 

1        That Council undertake a community awareness and engagement program on plans to apply for a Section 508A Special Rate Variation of up to 3.00% for up to four (4) years from 2014/15.

 

2        That the review of the Long Term Financial Plan include and exclude the Special Rate Variation as scenarios.   

 

3        That alternative scenarios to a rate rise, such as borrowings and LIRS applications, be also considered in the review of the Long Term Financial Plan.

 

4        Also there be a number of rate increase options considered including that Council undertake community awareness of a Section 508(2) application increase of 3.0% over and above the assumed rate peg for one year only being 2014/2015 with the rate then reverting to the previous level.

 

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

 

23/13 Resolved:         (Ainsworth/Morrison)

 

1        That Council undertake a community awareness and engagement program on plans to apply for a Section 508A Special Rate Variation of up to 3.00% for up to four (4) years from 2014/15.

 

2        That the review of the Long Term Financial Plan include and exclude the Special Rate Variation as scenarios.   

 

3        That alternative scenarios to a rate rise, such as borrowings and LIRS applications, be also considered in the review of the Long Term Financial Plan.

 

4        Also there be a number of rate increase options considered including that Council undertake community awareness of a Section 508(2) application increase of 3.0% over and above the assumed rate peg for one year only being 2014/2015 with the rate then reverting to the previous level.

 

 

 

ITEM 10.5   SF1755              110913     Organisation Structure – Establishment Of Customer & Business Services Unit (CBSU)        

24/13 RESOLVED:         (Flack/Smyth)

 

1        That Council note the progress report on the establishment of the Customer and Business Services Unit.

 

2        That half yearly progress reports be submitted to Council in February and August.

 

 

 

ITEM 10.6   SF1822              110913     Minutes of the Access Committee meeting held 25 June 2013

25/13 RESOLVED:         (Flack/Ballangarry)

 

That the minutes of the Nambucca Shire Council Access Committee meeting held 25 June 2013 be endorsed.

 

 

 

Cr Morrison declared a non-pecuniary less than significant conflict.

 

ITEM 10.7   SF1822              110913     Minutes of the Access Committee meeting held 23 July 2013

Motion:    (Flack/Smyth)

 

1          That Council write to Nambucca Plaza Management to advise that the Access Committee has been receiving complaints that directional arrows around the car park are faded and a number of near misses have been observed. 

2          That the minutes of the Nambucca Shire Council Access Committee meeting held 23 July 2013 be endorsed.

 

Amendment:      (Ainsworth/Smyth)

 

1          That Council write to Nambucca Plaza Management to advise that the Access Committee has been receiving complaints that directional arrows around the car park are faded and a number of near misses have been observed. 

 

2          That the minutes of the Nambucca Shire Council Access Committee meeting held 23 July 2013 be endorsed.

 

3          That Council write to the owners of the Plaza and advise them that Council has received reports of trip hazards in their carpark.

 

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

 

26/13 Resolved:         (Ainsworth/Smyth)

 

1          That Council write to Nambucca Plaza Management to advise that the Access Committee has been receiving complaints that directional arrows around the car park are faded and a number of near misses have been observed. 

 

2          That the minutes of the Nambucca Shire Council Access Committee meeting held 23 July 2013 be endorsed.

 

3          That Council write to the owners of the Plaza and advise them that Council has received reports of trip hazards in their carpark.

 

 

 

ITEM 10.8   SF1822              110913     Minutes of the Access Committee meeting held 27 August 2013

27/13 RESOLVED:         (Flack/South)

 

1        That in regard to the review of Local Approvals Policy - Use Of Road Reserves And Public Land For A-Frame Signs, Outdoor Dining Areas, Trading Tables, Street vending and Other Structures, Council note that for the safety of people with disabilities, the Access Committee does not support A-frame and similar signs on footpaths. 

 

2        That Council endorse membership to the Committee of Ms Lyndel Bosman from Guide Dogs.

 

3        That the minutes of the Nambucca Shire Council Access Committee meeting held 27 August 2013 be endorsed.

 

 

 

ITEM 10.9   SF1875              110913     Review of Investment Funds Policy and Strategy

28/13 RESOLVED:         (MacDonald/Ballangarry)

 

That Council adopt both the Investment of Funds Policy and Strategy from 11 September 2013.

 

 

 

ITEM 10.10  SF1875              110913     Investment Report To 30 July 2013

29/13 RESOLVED:         (Finlayson/Ainsworth)

 

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

 

 

 

ITEM 10.11  SF1823              110913     Applications and Statistical Reports 2012-2013 - July 2013

Motion:    (Smyth/Flack)

 

1          That Council note development application statistics and processing times for 2013 compared with 2012.

 

2          That Council note the statistical information for Applications and Certificates received and released by Council for 2012-2013.

 

Amendment:      (Hoban/Finlayson)

 

1          That Council note development application statistics and processing times for 2013 compared with 2012.

 

2          That Council note the statistical information for Applications and Certificates received and released by Council for 2012-2013.

 

3          That in future reports Council receive details of the number and value of the construction             certificates issue

 

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

 

30/13 Resolved:         (Hoban/Finlayson)

 

1          That Council note development application statistics and processing times for 2013 compared with 2012.

 

2          That Council note the statistical information for Applications and Certificates received and released by Council for 2012-2013.

 

3          That in future reports Council receive details of the number and value of the construction        certificates issue

 

 

ITEM 10.12  SF1823              110913     Outstanding DA's greater than 12 months, applications where submissions received not determined to 19-30 August 2013

31/13 RESOLVED:         (Flack/Smyth)

 

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

 

(Question concerning riding rink which proceeded without approval)

 

32/13 Resolved:         (Hoban/Smyth)

 

That Council ensure an onsite inspection of DA2013/057 occur prior to the determination of the application by Council.

 

 

 

ITEM 10.13  SF251                110913     Schedule of Council Public Meetings

33/13 RESOLVED:         (Flack/Ballangarry)

 

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

 

 

 

ITEM 10.14  SF334                110913     South Arm Hall Committee of Management - Minutes of Annual General Meeting - 5 August 2012

34/13 RESOLVED:         (Flack/Morrison)

 

That Council endorse the minutes of the Committee of Management for the South Arm Hall’s Annual General Meeting held on 5 August 2012 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

ITEM 10.15  SF313                110913     Eungai District Community Council - Committee of Management AGM - 20 August 2013

35/13 RESOLVED:         (Ainsworth/MacDonald)

 

That Council endorse minutes of the Committee of Management for the Eungai District Community Council Annual General Meeting held on 20 August 2013, and thank the outgoing Committee for their work in the past twelve months.

 

 

 

ITEM 10.16  SF588                110913     Nambucca District Historical Society Committee of Management - Minutes of Annual General Meeting -    2013

36/13 RESOLVED:         (Ainsworth/MacDonald)

 

That Council endorse the minutes of the Committee of Management for the Nambucca District Historical Society’s Annual General Meeting held on 20 August 2013, and thank the outgoing Committee for their work in the past twelve months.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1   LF6417              110913     Stormwater Drainage - 8 Creek Street Nambucca Heads

37/13 RESOLVED:         (Hoban/Ainsworth)

 

1        That Council receive and note this report and the inspection of the drainage problem at 8 Creek Street Nambucca Heads on the 11 September 2013.

 

2        That Council dye test the spring which has been identified and inspect the stormwater drainage of those properties identified as possible sources of ground and surface water.

 

 

 

Cr MacDonald left the meeting for this Item at 1.10pm and returned after the conclusion of this Item at 1.21pm.

 

ITEM 11.2   SF1621              110913     Nambucca District Water Supply – Adaptive Management Strategy Monitoring And Workshop

Motion:    (Ainsworth/Finlayson)

 

1        That Council approve another round of baseline monitoring to be undertaken by GHD in October for an estimated fee of $16,500 to provide reference data for future Adaptive Management decision making.

 

2        That Council schedule an Adaptive Management Workshop for 2pm on 31 October to review the Adaptive Management Strategy, form and Adaptive Management Committee and clarify the role of that Committee and how it will operate.

 

Amendment:      (Smyth/Morrison)

 

1        That Council approve another round of baseline monitoring to be undertaken by GHD in October for an estimated fee of $16,500 to provide reference data for future Adaptive Management decision making.

 

2        That Council schedule an Adaptive Management Workshop for 2pm on 31 October to review the Adaptive Management Strategy, form and Adaptive Management Committee and clarify the role of that Committee and how it will operate.

 

3        That Council seek a quotation from GHD for specified work before proceeding with the Mayor and General Manager having delegated authority to approve the engagement.

 

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

 

38/13 Resolved:         (Smyth/Morrison)

 

1        That Council approve another round of baseline monitoring to be undertaken by GHD in October for an estimated fee of $16,500 to provide reference data for future Adaptive Management decision making.

 

2        That Council schedule an Adaptive Management Workshop for 2pm on 31 October to review the Adaptive Management Strategy, form and Adaptive Management Committee and clarify the role of that Committee and how it will operate.

 

3        That Council seek a quotation from GHD for specified work before proceeding with the Mayor and General Manager having delegated authority to approve the engagement.

 

     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

39/13 RESOLVED:         (Morrison/Ainsworth)

 

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:

 

 

The Mayor left the Chamber at 1.22 pm and the Deputy Mayor took the Chair.

 

General Manager Report

 

For Confidential Business Paper in Closed Meeting

ITEM 12.1   SF1431              110913     Valla Quarry - Compliance with Consent Conditions - Proposed Application to Modify Consent to Permit Increased Output

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   SF1690              110913     Outcome of Nambucca Heads Skate Park Mediation

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 1.25 pm.

 

 

 

RESUME IN OPEN MEETING

 

RECOMMENDATION:

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 1.59 pm

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1   SF1431              110913     Valla Quarry - Compliance with Consent Conditions - Proposed Application to Modify Consent to Permit Increased Output

Motion:    (Flack/Smyth)

 

1        Pending the determination of any application to increase the maximum permissible annual extraction, that Council seek Class 4 orders in the Land & Environment Court to limit operations at the Valla quarry to 50,000m3 (in situ) per annum being the requirement of condition 12 of the development consent and such other orders as the Court deems appropriate.

 

2        That Council advise the NSW Environment Protection Authority of its proposed action and invite them to be a party to the proceedings.

 

Amendment:      (South/MacDonald)

 

1        That Council inspect the quarry and the location of houses in relation to the quarry prior to making        any decision.

 

2        That Council provide the quarry operators with 28 days to lodge an application to modify the     development consent or otherwise Council will undertake legal action.

 

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

 

40/13 Resolved:         (South/MacDonald)

 

1        That Council inspect the quarry and the location of houses in relation to the quarry prior to making any decision.

 

2        That Council provide the quarry operators with 28 days to lodge an application to modify the development consent or otherwise Council will undertake legal action.

 

 

 

The Mayor returned to the meeting for this item at 1.59 pm.  The Deputy Mayor retained Chair.

 

For Confidential Business Paper in Closed Meeting

 

ITEM 12.2   SF1690              110913     Outcome of Nambucca Heads Skate Park Mediation

41/13 RESOLVED:         (Flack/Ballangarry)

 

1        Council note the terms of the deed of agreement arising out of the mediation of the Class 4 proceedings concerning the Nambucca Heads Skate Park.

 

2        Following the approval of the Local Area Commander of Police to erecting a sign prohibiting the consumption of alcohol within the perimeter of the Skate Park enclosure, that the signage required under Section 632 and Section 632A be erected as per the agreement.

 

3        Council note the proposed training for applications and engineering staff in the drafting of conditions and their significance in terms of planning law.

 

4.       Council note the required variation to its budget to be reported with its September quarter budget review.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 2.13pm. 

 

Confirmed and signed by the Mayor on Thursday 26 September 2013.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)