PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Paula Flack

Cr Kim MacDonald

Cr Elaine South

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Richard Spain (A/g AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

APOLOGIES

 

Cr Anne Smyth, Cr Bob Morrison and Mr Paul Gallagher (AGM Engineering Services)

 

 

PRAYER

 

Captain Steve Dorman from The Salvation Army offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor JA Ainsworth declared a non-pecuniary less significant conflict of interest in Item 11.5 Waste Management Quarterly Report July - September 2014 under the Local Government Act as Cr Ainsworth’s wife works at the Anglican Op Shop. 

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 16 October 2014

 

515/14 RESOLVED:        (MacDonald/South)

 

That the minutes of the Ordinary Council Meeting of 16 October 2014 be confirmed.

 

 

 

NOTICE OF MOTION - CR Ainsworth – LATE

 

ITEM 5  .1    SF1933              301014      Notice of Motion - Request for Leave - 11 - 19 November 2014 (SF353)

516/14 RESOLVED:        (Ainsworth/South)

 

That Cr John Ainsworth be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 11 to 19 November inclusive.

 

  


 

DELEGATIONS

 

Resolved:          (Flack/MacDonald)

 

That the following delegations be heard:

 

ITEM 10.1    Year End Financial Result & Statements – 30 June 2014

PRESENTATION from Mr Geoff Allen from Forsyths

 

PUBLIC FORUM from Mr Paul Linder –Living next door to a "rubbish dump"

 

ITEM 11.5    Waste Management Quarterly Report July - September 2014

DELEGATION from Ms Fran Robinson on behalf of Anglican Op Shop

 

 

517/14 Resolved:        (Ainsworth/Flack)

 

That the Public Forum and Delegation be brought forward.

 

 

 

 

PUBLIC FORUM

 

Mr Linder addressed Council making the following points:

·    Ongoing saga for two years with a neighbour

·    Piggery, dog breeder – 12 bull mastiffs, kelpie, other dog locked in cage, dumped cars, goats, roosters galore

·    No support from Council to date- after signing an agreement (mediation) – was threatened by this neighbour

·    Took out AVO

·    Woken every day by 4 roosters only stop between sun down and midnight

·    4 pigs confined in small space

·    8 cows all in close proximity with all the other animals

·    All animals free range – coming into his property and destroying wetland and his property

·    Effluent into Newee Creek – affecting professional fishers, oyster farmers

·    Illegal stock yard, cut down trees so now gets light spill

·    Has 4 year old grandchildren seeing dogs chewing up other animal in front yard

·    Please have a look from Mr Linder’s place

·    RSPCA notified, came too late – goat was already dead

·    This is in a residential area

·    Lives with this situation for 24/7

 

518/14 Resolved:        (Flack/Ainsworth)

 

That a report be given to Council in Closed Meeting providing history of the matter as well as maps and photographs to illustrate any concerns.  Further, that Mr Linder be notified of this action.

 

 

 


DELEGATION

 

Ms Robinson addressed Council to a prepared paper which is on file SF453 in regard to the following matter in Item 11.5:

 

Clothing Collection Trial

Trial collection of bagged clothing being placed in the recycle bin undertaken in October/November to part of the Valla Beach area. Suitable items then provided to local Opportunity Shops.

 

 

ITEM 11.5    SF453                301014      Waste Management Quarterly Report July - September 2014

Motion:      (Flack/Ainsworth)

 

1        That Council receive and note the information provided in the Waste Management Quarterly Report for the period July – September 2014.

 

2        That Council endorse the Better Waste and Recycling Fund for the period 2013-14 / 2014-15 as approved by the EPA.

 

Amendment:       (Ainsworth/South)

 

1        That Council receive and note the information provided in the Waste Management Quarterly Report for the period July – September 2014.

 

2        That Council endorse the Better Waste and Recycling Fund for the period 2013-14 / 2014-15 as approved by the EPA; with the exception of the clothing collection trial; and further that in the meantime Council discuss the clothing trial and any proposed program with the contractor and the opportunity shops and that a further report come back to Council including how it is to be paid for.

 

3        That an education program be provided to the Schools in the Nambucca Valley.

 

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

 

519/14 Resolved:        (Ainsworth/South)

 

1        That Council receive and note the information provided in the Waste Management Quarterly Report for the period July – September 2014.

 

2        That Council endorse the Better Waste and Recycling Fund for the period 2013-14 / 2014-15 as approved by the EPA; with the exception of the clothing collection trial; and further that in the meantime Council discuss the clothing trial and any proposed program with the contractor and the opportunity shops and that a further report come back to Council including how it is to be paid for.

 

3        That an education program be provided to the Schools in the Nambucca Valley.

 

 

 

PRESENTATION

 

Mr Geoff Allen addressed Council with a PowerPoint presentation of the 2014 Audit conducted by Forsyths.

 

ITEM 10.1    SF1874              301014      Year End Financial Result & Statements – 30 June 2014

520/14 RESOLVED:        (Ainsworth/South)

 

1        That the Financial Statements and the Auditor’s Reports for the year ended the 30 June 2014 be received.

 

2        That the list of revotes be approved and included as sub votes for 2014/15.

 

3        That Council thank Mr Allen for his presentation.

 

 

 

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      SF2025              301014      Expression of Interest - Pilot North Coast Joint Organisation - Clarence Valley Council, Coffs Harbour City Council, Bellingen Shire Council, Nambucca Shire Council

521/14 RESOLVED:        (MacDonald/Ainsworth)

 

That the information concerning the lodgement of an expression of interest for a pilot North Coast Joint Organisation be received.

 

 

 

ITEM 9.2      SF959                301014      Outstanding Actions and Reports

522/14 RESOLVED:        (Flack/Ainsworth)

 

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

 

 

 

ITEM 9.3      SF1745              301014      Pollution Incident - Break in Sewer Rising Main

523/14 RESOLVED:        (Flack/Ainsworth)

 

That the information concerning a pollution incident arising out of break in a sewer rising main at Hyland Park be received.

 

 

 

ITEM 9.4      SF1977              301014      Planning Proposal LEP amendment no. 18 Reclassification of community land to operational land on Multiple Land Parcels - results of exhibition.

524/14 RESOLVED:        (Ainsworth/Finlayson)

 

1        That pursuant to Clause 59 of the Environmental Planning and Assessment Act 1979 the Planning Proposal (LEP amendment no 18), associated documents and submissions be forwarded to Department of Planning and Environment requesting that they seek the making of the Plan by the Minister.

 

2        That those persons/agencies who made submissions be advised of Council's decision.

 

3        That Council formally thank Ms Liz Jeremy, General Manager of Bellingen Shire Council for          her pro bono services in conducting the public hearing.

 

For the motion:               Councillors Hoban, Ballangarry, Flack, Finlayson, Ainsworth, MacDonald and

                                      South    (Total 7)

Against the motion:         Nil

 

 

 

ITEM 9.5      SF1947              301014      Outstanding DA's greater than 12 months, applications where submissions received not determined from 9 October to 22 October 2014

525/14 RESOLVED:        (Flack/MacDonald)

 

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

 

526/14 RESOLVED:        (Flack/Ballangarry)

 

That DA 2014/158 be called in for determination by Council and that Council undertake an inspection of the site at an appropriate time.

 

 

 

Assistant General Manager Corporate Services Report

 

Item 10.1 was dealt with under Presentation earlier in the meeting.

 

 

 

ITEM 10.2    SF251                301014      Schedule of Council Public Meetings

527/14 RESOLVED:        (Ainsworth/MacDonald)

 

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

 

 

 

ITEM 10.3    SF330                301014      North Macksville Playing Fields (Soccer Club) - Minutes of Annual General Meeting - 8 September 2014

528/14 RESOLVED:        (Flack/South)

 

That this report be deferred until the financial statement has been received from the Committee of Management.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF869                301014      Public Lighting Forum 24 September 2014

529/14 RESOLVED:        (Ainsworth/Finlayson)

 

That Council receive and note the information.

 

 


 

ITEM 11.2    SF565                301014      Application for Temporary Road Closure - Nambucca River Festival on 29 and 30 November 2014

530/14 RESOLVED:        (Flack/MacDonald)

 

1        That Council approve a request from The Rotary Club of Macksville and Nambucca Heads to conduct the Nambucca River Festival, noting the following has been received:

 

·      Certificate of Currency for Public Liability Insurance

·      Traffic Management Plan confirming Accredited Traffic Controllers will be on site, and

·      Police and Roads and Maritime Services approval for the road closures.

         

2        That Council endorse road closures for the Nambucca River Festival to be held between 9.00am and 5.30pm 29 November 2014 and 9.00am and 3.00pm 30 November 2014 as follows:

 

·      McKay Street Car Park – 7.00am on 28 November 2014 to 12 noon on 1 December 2014;

·      Princess Street – McKay Street to River Street - 5.00pm on 28 November 2014 to 10.00am on 1 December 2014;

·      River Street – West of Pacific Highway - East bound lane only 10.00am on 28 November 2014 to         12 noon on 1 December 2014.  Both lanes 6.00am on 29 November 2014 to 3pm on 30 November 2014;

·      River Street - East of Pacific Highway to Willis Street - 6.00am on 29 November 2014 to 3.00pm on 30 November 2014; and

·      Wallace Lane – 6.00am on 29 November 2014 to 3.00pm on 30 November 2014.

 

 

 

ITEM 11.3    SF565                301014      Application for Temporary Road Closures - Macksville Gift Procession on 8 November 2014

531/14 RESOLVED:        (Ainsworth/Flack)

 

1        That Council approve a request from Macksville Gift Procession Committee of Management  to conduct Macksville Gift Procession, noting the following has been received:

 

·      Certificate of Currency for Public Liability Insurance;

·      Traffic Management Plan confirming Accredited Traffic Controllers will be on site;

·      Police and Roads and Maritime Services approval for the road closures, and

·      Road Occupancy Licence for the Pacific Highway closure.

 

2        That Council endorse road closures for the Macksville Gift Procession to be held between 5.00pm and 5.30pm on 8 November 2014 as follows:

 

·      Wallace Street - Station Street to Cooper Street;

·      Matilda Street - Station Street to Wallace Street; and

·      Cooper Street - Wallace Street to Boundary Street.

 

 

 

ITEM 11.4    RF412                301014      Realignment, opening and closure of Taylors Arm Road Upper Taylors Arm affecting Lots 35 and 66 in DP755547

532/14 RESOLVED:        (Ainsworth/MacDonald)

 

1        That Council agree to the Re-alignment of Taylors Arm Road from the Intersection with Argues road to approximately 1 kilometre to the East where the Road Reserve aligns itself again with the Road Pavement under road opening and closure as shown on the plan attached to this report (subject to survey) provided that:

 

a    Consent from all owners has been received and an agreement entered into with Council undertaking by way of land swap of land to be resumed for road and that to be closed be transferred to the adjoining property owner at NIL expense to the adjoining property owners.

 

2        That Council open a road of minimum width 20 metres and variable in parts, over the sections of the formation of Taylors Arm Road from Argues Road for a distance of approximately 1 kilometre to the East which encroaches upon land owned by Mr PJ Argue & Mr TS and Mrs JA Donnelly and any costs associated with the road opening be paid by Council including (but not limited by) survey, legal, valuation and Council fees.

 

3        That Council carry out the Road realignment survey concurrently on the same plan to minimise costs attributed to this work.

 

4        That Council allocate an amount of $6000 from working funds to cover the expense required for the road opening, survey, legal, valuation and Council fees associated the realignment of Taylors Arm Road from the intersection with Argues Road to approximately 1 kilometre east of the intersection.

 

 

Item 11.5 was dealt with under Delegations.

 

     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

Resolved:          (South/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:

 

 

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF452                301014      Mixed Waste Processing Dispute

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 7.22 pm.

 

 

 

RESUME IN OPEN MEETING

 

Resolved:          (Ainsworth/South)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 7.25 pm.

 

 

FROM COUNCIL IN CLOSED MEETING

 

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF452                301014      Mixed Waste Processing Dispute

533/14 RESOLVED:        (Finlayson/Ainsworth)

 

That Council receive and note the information, and delegated authority be provided to the Assistant General Manager Engineering Services and the Waste Management Officer to enter into negotiations with the Coffs Coast Waste member Councils to resolve the dispute.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.26 pm. 

 

Confirmed and signed by the Mayor on 13 November 2014.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)