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)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

PRAYER

 

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

 

 

DISCLOSURE OF INTEREST

 

Councillor P Flack declared a non-pecuniary significant conflict of interest in Item 9.8 Nambucca River Jockey Club licence D540002 Racecourse Proper under the Local Government Act as Cr Flack has family members who own property adjacent to the Bowraville Racecourse.  Cr Flack left the meeting for this item.

 

Councillor K MacDonald declared a non-pecuniary significant conflict of interest in Item 9.12 Modification to Development Consent DA2014/198 under the Local Government Act as Cr MacDonald’s sister owns properties that she believes could be affected in terms of amenity and/or property price.  Cr MacDonald left the meeting for this item.

 

Councillor P Flack declared a non-pecuniary less significant conflict of interest in Item 11.1 Funding for Natural Disaster Flood Event April/May 2015 under the Local Government Act as one of the North Arm flood damage slips is adjacent to her property and impacts on her property.

 

Councillor P Flack declared a non-pecuniary significant conflict of interest in Item 11.5 Request for funding - Pavement Rehabilitation Works North Arm Road under the Local Government Act as Cr Flack is a resident of Girralong on Upper North and travels North Arm Road frequently.  Cr Flack left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 25 February 2016

 

109/16 RESOLVED:        (MacDonald/Flack)

 

That the minutes of the Ordinary Council Meeting of 25 February 2016 be confirmed.


 


NOTICE OF MOTION - CR Hoban

 

ITEM 5.1      SF2183              170316      Notice of Motion - Request for Leave Mayor, Cr Rhonda Hoban (SF346)

110/16 RESOLVED:        (Hoban/Flack)

 

That the Mayor, Cr Rhonda Hoban, be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 13 to 17 June 2016 inclusive.


 

 

NOTICE OF MOTION - CR Ainsworth

 

ITEM 5.2      SF2183              170316      Notice of Motion - Australian Fire Service Medal - Darryl Lang AFSM (SF823)

111/16 RESOLVED:        (Ainsworth/MacDonald)

 

That Council congratulates Mr Darryl Lang ASFM on his distinguished service, professionalism and dedication to the Australian Fire Service and on receiving recognition for same by way of receiving the Australian Fire Service Medal.


 

 

PUBLIC FORUMS AND DELEGATIONS

 

RECOMMENDATION

 

That the following Public Forums be heard:

 

i)          Ms Dawn Kennedy – President Committee of Management

ii)         Mr Adrian Weir - Thank you to Council

iii)       Mrs Jenni Andren - Bowraville/Bellingen Road access to property

iv)        Mr Stuart Simshauser - Telstra Reception & Bellingen Road

v)         Mr Bruce Wilson – Bellingen Road

vi)        Mr Jeff Unwin – Infrastructure

vii)      Ms Lee Unwin – Fixing of the roads (not in attendance)

 

and that the following Delegations be heard:

 

9.7     Visitor Information Centre

          i)       Mr David Banks on behalf of Nambucca Valley Tourism Association

 

9.12   Modification to Development Consent DA2014/198

          i)       Mr Barry Flynn

          ii)      Ms Georgina Neumann—not in attendance

          iii)     Ms Keiley Hunter (applicant)—not in attendance


 

i)           Ms Kennedy, President of the Missabotti Community Centre, welcomed the Mayor, Councillors, staff and all others in attendance.

 

ii)          Mr Weir addressed Council making the following points:

·                Thanked Council for the Hall Committee

·                Appreciate Council’s contribution

·                Installed new solar powered system, new meter box

·                Would like Council’s support to develop Scotts Park – Scott donated land to the Hall.  Would like to create small garden with shade trees for car parking – has approached Council’s Green Space Coordinator regarding suitable types of trees to plant

·                Offered copies of Bushfire Survival Plan (free) to resident

·                Reiterated that the Centre is a great community facility and encourages the community to use it.

 

iii)         Mrs Andren addressed Council making the following points:

·                She owns a block of land which is inaccessible due to road closures resulting from land slides. 

·                Had plans drawn up to build chalets

·                Cannot access this part of her property at all

·                Still paying rates to Nambucca Shire Council for land she cannot access

·                Cannot maintain, sell, build fire breaks and property is getting very overgrown

·                Asked for a definition of ‘heavy vehicles’

 

The AGMES advised he will approach Bellingen Shire Council to ascertain what access arrangements can be made.  Bellingen Shire Council are prepared to grade the road from their end.  Firstly needs to be checked if it is a wash-away and thus needing more than a grading.

 

iv)        Mr Simshauser addressed Council making the following points:

·                Requests Council to lobby Telstra regarding the blackspot/very poor reception in the Missabotti area for mobile phone service

·                This could present a dangerous situation if a resident has an accident and requires emergency

·                Bowraville is a cul de sac – affecting tourism

·                Has Council approached Elders of Three Nations regarding the road no longer being open?

·                Asked if Council had considered Kennaicle Creek Road as an alternative route to Bellingen

 

The General Manager suggested that Mr Simshauser approach Bellingen Shire Council to ascertain if they would consider moving their boundary to include those Nambucca Shire residents that are affected by the land slip road closures.

 

v)         Mr Wilson addressed Council making the following points:

·                Complimented Council on quick cleanup after mini tornado that went through Bellingen Road

·                Complimented Council on the resurfacing of parts of Rodeo Drive

·                Questioned why parts of Rodeo Drive were done before other more needy/dangerous sections

·                Intersection of Bellingen Road and Rodeo Drive is dangerous especially at night as turnoff cannot be seen – no cats eyes, guideposts always being knocked over – dangerous corner

·                Blackberry Lane – gravel slug comes out 1 metre onto the road – needs to be graded back

·                Speed limit enforced around dairy as road narrows and accidents have occurred.

 

vi)        Mr Jeff Unwin addressed Council making the following points:

·                Why was Helliwells Road tared before other more needy roads?

·                Questionned levelling of Rodeo Drive from Bellingen Road

·                Why are offcuts from bridge building taken to Gumma to be burnt as they are treated with poison?


 

DELEGATIONS

 

Mr David Banks addressed Council to a prepared statement which is on file SF929.

 

ITEM 9.7      SF929                170316      Visitor Information Centre

112/16 RESOLVED:        (Flack/Smyth)

 

1        That the Nambucca Valley Tourism Association be requested to advise Council whether or not they seek to lease space or support the leasing of space by Council within the proposed Highway Service Centre at the new Nambucca Heads interchange and if so the area required, noting that any financial support from Council would need to come from the existing tourism and area promotion expenditure which is $153,500.00 in 2015/16 and otherwise fully committed to operating the existing visitor information centre and undertaking marketing.

 

2        That Council receive the information from the Nambucca Valley Tourism Association and that staff report back to Council so it can consider the Association’s suggestions and any other suggestions from Council staff and that Council approach Bellingen Shire Council to determine their potential interest.


DELEGATIONS continued

 

Cr MacDonald left the meeting for this Item at 7.02 pm and returned after the conclusion of the Item at 7.26 pm.

 

i)           Mr Barry Flynn addressed Council.

·                GPS could direct vehicles along the route

·                Cyclists may be jeopardised due to traffic volumes

·                Kingsworth Estate bushfire compliant

·                RMS creating a firebreak

·                Area is safer than ever before

·                No Kingsworth Estate residents will support the amendment

·                Suggest closed gate to be opened by council in emergencies

·                Lifestyles of residents should not be affected

·                Urges council to reject the amendment

 

ITEM 9.12    DA2014/198        170316      Modification to Development Consent DA2014/198

Motion:      (Finlayson/Ainsworth)

 

1          That Council as the consent authority, pursuant to Section 96 of the Environmental Planning and Assessment Act 1979, modify development consent DA2014/198 for a 26 lot subdivision at Lot 42 DP 711098 - Old Coast Road, North Macksville by amending conditions 2 & 21 of the development consent to permit the construction of an access road connecting Old Coast Road and Florence Wilmont Drive as outlined within attachment 10 of this report.

 

2          That the section of road between Florence Wilmont Drive and Old Coast Road be provided with suitable ‘traffic calming” treatments such as kerb blisters, cobble type pavement and the like.  Details of the proposed traffic calming treatments are to be submitted with the construction plans for approval by Council.

 

Amendment:       (Flack/Smyth)

 

That the matter be deferred so that Council can consider any statutory requirements eg assessments of impact of removal of specific trees and report come to back to Council.

 

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

 

113/16 Resolved:        (Flack/Smyth)

 

That the matter be deferred so that Council can consider any statutory requirements eg assessments of impact of removal of specific trees with a report to come back to Council.

 

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

Against the Motion:   Councillor Morrison      (Total 1)


 

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.



 

114/16 Resolved:        (Ainsworth/MacDonald)

 

That Item 9.9 be brought forward as interested parties were in the gallery.

 

 

ITEM 9.9      SF1541              170316      Draft North Coast Regional Growth Plan and Lower Nambucca

115/16 RESOLVED:        (Ainsworth/South)

 

That Council advise the landholders of Lots 11 and 12 DP 1017408 (Carniato) and Lot 2 DP514920 (Fidirikkos) that their land has been identified as proposed urban growth area in the Draft North Coast Regional Plan and should they wish to pursue the rezoning of the land, they should provide to Council the appropriate up to date documentation and pay the appropriate fees for a planning proposal.

 

Note: Cr Flack requested her vote be recorded against the resolution because of the flood prone nature of the land.


 

 

General Manager Report

 

ITEM 9.1      SF959                170316      Outstanding Actions and Reports

116/16 RESOLVED:        (Ainsworth/Finlayson)

 

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


 

 

ITEM 9.2      LF4225               170316      Kelli Leckie - Notice of Proposed Legal Action against Council and Crown Lands

Motion:      (Flack/Smyth)

 

That Mrs Kelli Leckie be advised:

 

1           That Council will confer with Coffey Geotechnical Engineers in relation to the discharge of water from Nelson Street and will consider any drainage measures which may be reasonable and practicable to alleviate water logging.

2           That it be suggested to Mrs Leckie that she arrange a similar investigation and any necessary work in relation to the drainage from her own property.

3           That Council will not be attending to the “rectification/stability works on the land in front of (my) the property adjoining Gordon Park namely installation of retaining walls and removal of rubbish” as it believes it has no liability for the failed retaining wall.

4           That Council will not be paying $100,000.00 compensation for the alleged property damage as it believes it has no liability for the alleged damage.

5           That Council will also be seeking an order for costs should it be successful in defending any claims.

 

Amendment:       (Finlayson/Ainsworth)

 

1           That Council confer with Coffey Geotechnical Engineers in relation to the discharge of water from Nelson Street and consider any drainage measures which may be reasonable and practicable to alleviate water logging.

 

2        That Council attend a mediation with the Leckies and the Department of Lands with the Deputy Mayor and Assistant General Manager to represent Council.

 

The amendment was LOST.

 

 

 

 

Amendment:       (MacDonald/Ainsworth)

That consideration of the matter be deferred to Closed Meeting so as to allow the opportunity for questions about the legal advice.

 

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

 

117/16 Resolved:        (MacDonald/Ainsworth)

 

That consideration of the matter be deferred to Closed Meeting so as to allow the opportunity for questions about the legal advice.

 


 

 

ITEM 9.3      SF674                170316      Extension of Existing Contract for Waste Collection Service

118/16 RESOLVED:        (MacDonald/Ainsworth)

 

That Council:

 

1        Notes its previous delegation of authority to the General Manager to negotiate, with the incumbent Waste Collection Contractor (Handybin), an extension to the existing contract period.

 

2        Notes that negotiations have been conducted with the incumbent Waste Collection Contractor (Handybin) and the terms and conditions agreed upon are detailed in this report.

 

3        Resolves to accept the terms and conditions of the extension to the existing contract as contained in this Report.

 

4        Notes that the extension to the existing contract will be affected by a Deed of Variation which will be executed by the parties on or before 26 May 2016.

 

5        Authorise that the Deed of Variation be executed under Council Seal.


 

ITEM 9.4      SF1963              170316      Community Housing Limited -v- Clarence Valley Council & Others

119/16 RESOLVED:        (Ainsworth/Morrison)

 

That the information concerning the legal expenses arising out of the appeal Community Housing Limited–v-Clarence Valley Council & Others be received.


 

 

ITEM 9.5      SF968                170316      Nambucca Valley Netball Association - Request to Waive $1,300 Invoice for the Supply and Planting of Trees

120/16 RESOLVED:        (Flack/MacDonald)

 

That Council waive the invoice of $1,265.00 (including GST) issued to the Nambucca Valley Netball Association for the supply and planting of four Tuckeroo trees and that the Nambucca Valley Netball Association be advised accordingly.


 

ITEM 9.6      SF2156              170316      Preparation of Development Control Plan for Valla Growth Area

121/16 RESOLVED:        (Ainsworth/South)

 

That Council make provision in its operational plan for 2016/17 for the expenditure of $40,000.00 on the preparation of a Development Control Plan for the Valla urban release area including a review of zone boundaries.


 

Item 9.7 was dealt with under Delegations.

 


 

 

Cr Flack left the meeting for this item at 8.10 pm and returned after the conclusion of the item at 8.11 pm.

 

ITEM 9.8      SF695                170316      Nambucca River Jockey Club Licence D540002 Racecourse Proper

122/16 RESOLVED:        (Smyth/Ainsworth)

 

1        That Council provide written consent from the Council Managed Reserve Trust to approve by Council resolution a 10 year licence agreement with Council as the Trust Managers for Lot 75 in DP 755549 known as dedicated reserve D540002.

 

2        That Council approve as the Crown Land Trust Managers the signing of the licence and applying of the common seal by Council staff to the licence agreement.


 

 

Item 9.9 was dealt with earlier in the meeting.


 

 

ITEM 9.10    SF2070              170316      Boating Now - Gordon Park and Review of the Nambucca River Masterplan

123/16 RESOLVED:        (South/Ainsworth)

 

1        Council endorse the proposed location of the new amenities at Gordon Park, to allow the tendering process to commence.

 

2        That Council endorse the draft amendments to the Nambucca River Masterplan prepared for Gordon Park and the amendments be incorporated into the existing Plan of Management for Gordon Park. The variation to the Plan of Management for Gordon Park Recreation area be exhibited in accordance with section 38 of the Local Government Act 1993.

 

3        That Council support a grant application under the Crown Land Reserve Management Fund to allow for implementation parts of the draft plan not incorporated in the Boating Now project budget.


 

 

ITEM 9.11    SF2173              170316      Outstanding DAs greater than 12 months OR where submissions received - 18 February - 8 March 2016

124/16 RESOLVED:        (Flack/Ainsworth)

 

That the information be noted by Council.


 

 

Item 9.12 was dealt with under Delegations.


 

 

ITEM 9.13    SF1148              170316      Council Ranger's Report February 2016

125/16 RESOLVED:        (Flack/Smyth)

 

That Council’s Ranger’s report for February 2016 be received and noted by Council.



 

ITEM 9.14    SF2173              170316      2016 February - Received Development Applications Received and Complying Development Applications

126/16 RESOLVED:        (MacDonald/South)

 

That the Development Applications and Complying Development Applications received in February 2016 be received for information.


 

 

ITEM 9.15    SF2173              170316      2016 February - Approved Construction Certificates and Complying Development Certificates

127/16 RESOLVED:        (Ainsworth/MacDonald)

 

That the Construction and Complying Development Certificates approved for February 2016 be noted and received for information by Council.


 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF2116              170316      Investment Report To 29 February 2016

128/16 RESOLVED:        (MacDonald/Ainsworth)

 

That the Accountants’ Report on Investments placed to 29 February 2016 be noted.


 

 

ITEM 10.2    SF251                170316      Schedule of Council Public Meetings

129/16 RESOLVED:        (Morrison/Flack)

 

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


 

 

ITEM 10.3    SF315                170316      Mary Boulton Pioneer Cottage and Museum - Committee of Management - Annual General Meeting 14 November 2015

130/16 RESOLVED:        (Flack/Ainsworth)

 

That Council endorse the minutes of the Annual General Meeting held on 14 November 2015 for the Committee of Management for the Mary Boulton Pioneer Cottage and Museum and thank the outgoing Committee for their work in the past twelve months.


 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF2085              170316      Funding for Natural Disaster Flood Event April/May 2015

131/16 RESOLVED:        (Ainsworth/South)

 

That Council formally advise the Roads and Maritime Services that it accepts the Natural Disaster funding reference 16033AR for the amount of $1,883,500.00 for restoration to local roads following the April/May 2015 flood event.


 


 

ITEM 11.2    SF565                170316      Temporary Road Closure - Short Street Scotts Head - Scotts Head Food Wine Music & Art Festival - 17 April 2016

132/16 RESOLVED:        (Ainsworth/South)

 

1        That Council approve a request from the Scotts Head Events Committee of Management to the temporary road closure of Short Street, Scotts Head as part of the Food, Wine, Music & Art Festival—17 April 2016 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 as follows:

 

·      Short Street – Waratah Street to Matthew Street - 10.00 am to 6.00 pm on 17 April 2016.


 

 

ITEM 11.3    SF408                170316      Second acquisition of Crown land for easement and road purposes on Wallace Street and Upper Warrell Creek Road Macksville

133/16 RESOLVED:        (Ainsworth/MacDonald)

 

1        That Council acquire by compulsory process Lots 1 to 4 in DP 1186582, pursuant to the Land Acquisition (Just Terms Compensation) Act 1991.

 

2        That Council acquire by compulsory process an easement for services variable width, designated (E) in DP 1186582, for infrastructure purposes pursuant to the Land Acquisition (Just Terms Compensation) Act 1991.

 

3        That Council exclude minerals from the proposed acquisition.

 

4        That Council advise that the proposed acquisition is not for the purpose of resale.

 

5        That Council seek approval for the proposed acquisition from the Minister for Local Government and the Governor.

 

6        That the common seal of Council be affixed to all documents associated with the proposed acquisition, if necessary.


 

 

ITEM 11.4    SF408                170316      Recission of Council resolutions relating to reports dated 2 December 2010 and 14 August 2013

134/16 RESOLVED:        (Ainsworth/MacDonald)

 

1          That the Council approve the rescission of items out of Council Reports as listed:

 

            a      2 December 2010 – Minute 2592/10

            b     14 August 2013 – Minute 35/13

 

2        That a subsequent report be placed before Council encompassing the alterations and combining into one report, hence meeting the request of the Department of Local Government.


 


Cr Flack left the meeting for this item at 8.29 and returned after the conclusion of the item at 8.30 pm.

 

ITEM 11.5    RF371                170316      Request for funding - Pavement Rehabilitation Works North Arm Road

135/16 RESOLVED:        (MacDonald/Ainsworth)

 

That Council allocate an amount of $167,000.00 from working funds to compliment the Natural Disaster Recovery Funding (NDRF) received for North Arm Road to place a bitumen seal over the section of repaired pavements contained within the approved schedule and further that Council notes that additional gravel and pavement works will be supplemented on the sections not funded under by NDRF from the gravel re-sheeting program that was scheduled for North Arm Road.


 

 

ITEM 11.6    SF843                170316      Report to Council - Minutes - Vehicular Access to Beaches Committee - 12 February 2016

136/16 RESOLVED:        (Smyth/Ainsworth)

 

1        That the record of discussions of the attendees at the Vehicular Access to Beaches Committee meeting held on Friday 12 February 2016 be received and noted.

 

2        That Council amend the signage at Hyland Park to Deep Creek in accordance with the Vehicles on Beaches brochure being 3.7km as showing under the Detailed Legend for Nambucca Shire Council emanating from the record of discussions.

 

3        That Council increase the 4WD Beach Permit fees in accordance with the MIDROC proposal as follows:

 

          $60.00         per financial year

          $30.00         per financial year for pensioners

 

4        That Council not introduce a reduced permit fee for the final quarter of the financial year being April – June in accordance with the MIDROC proposal.

 

5        That Council reduce the speed to 40km/h in accordance with the MIDROC proposal and        amend the Policy to reflect the change.

 

6        That Council ban motorbikes from all beaches in the Nambucca Shire in accordance with the        MIDROC proposal and amend the Policy to reflect the change.

 

7        That Council write to all Honorary Rangers advising that the Beach Permits issued to them do not permit them to travel on all beaches and they are restricted to designated beaches for 4WD’s only.

 

8        That Council update the Terms of Reference for the Nambucca Shire Council Vehicular Access to Beaches Committee (Our Ref: 27957/2011) to reflect the resignation of Honorary Ranger, Mr Tony Hardge.

 

9        That Council investigate a NO SWIMMING or WARNING sign near the boat ramp at Shelly Beach, Nambucca Heads advising swimmers that boats are operating in the immediate area.


 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

Resolved:          (Ainsworth/MacDonald)

 

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.

 

Reason reports are in Closed Meeting:


 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    LF4225               170316      Kelli Leckie - Notice of Proposed Legal Action Against Council and Crown Lands

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    LF13                  170316      Dog Breeding at 83 Old Coast Road, North Macksville

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) (e) (g) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, prejudice the maintenance of law; 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.


 

 

For Confidential Business Paper in Closed Meeting

ITEM 9.2      LF4225               170316      Kelli Leckie – Notice of Proposed Legal Action Against Council and Crown Lands

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) (e) (g) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, prejudice the maintenance of law; 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 8.40 pm.


 

 

RESUME IN OPEN MEETING

 

Resolved:          (Ainsworth/Flack)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 9.54 pm.

 

 


FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 1.1      LF4225               170316      Kelli Leckie - Notice of Proposed Legal Action Against Council and Crown Lands

Motion:      (Ainsworth/Flack)

 

That the information concerning the legal advice obtained from Sparke Helmore Lawyers be received.

 

Note:  The Mayor ruled Cr Morrison out of order (8.55 pm).

 

Motion:      (Flack/Smyth)

 

That the Chairperson require that Cr Morrison be expelled from the meeting in accordance with Clause 39(3) of Council’s Code of Meeting Practice.

 

Amendment:       (Finlayson/Ainsworth)

 

That Councillor Morrison be censured and that the meeting note Councillors’ remarks concerning the need for respectful conduct.

 

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

 

137/16 Resolved:        (Finlayson/Ainsworth)

 

That Councillor Morrison be censured and that the meeting note Councillors’ remarks concerning the need for respectful conduct.

 

138/16 Resolved:        (Flack/Smyth)

 

That there be a Division.

 

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

Against the motion:  Cr Morrison                (Total 1)


 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    LF13                  170316      Dog Breeding at 83 Old Coast Road, North Macksville

139/16 RESOLVED:        (Finlayson/Ainsworth)

 

That Council staff continue to monitor the number of dogs being kept at 83 Old Coast Road, North Macksville and report to Council if and when legal action is warranted.


 


 

ITEM 9.2      LF4225               170316      Kelli Leckie - Notice of Proposed Legal Action against Council and Crown Lands

Motion:      (Flack/Smyth)

 

That Mrs Kelli Leckie be advised:

 

1        That Council will confer with Coffey Geotechnical Engineers in relation to the discharge of water from Nelson Street and will consider any drainage measures which may be reasonable and practicable to alleviate water logging.

2        That it be suggested to Mrs Leckie that she arrange a similar investigation and any necessary work in relation to the drainage from her own property.

3        That Council will not be attending to the “rectification/stability works on the land in front of (my) the property adjoining Gordon Park namely installation of retaining walls and removal of rubbish” as it believes it has no liability for the failed retaining wall.

4        That Council will not be paying $100,000.00 compensation for the alleged property damage as it believes it has no liability for the alleged damage.

5        That Council will also be seeking an order for costs should it be successful in defending any claims.

 

Amendment:       (Flack/Smyth)

 

That Council confer with Coffey Geotechnical Engineers in relation to the discharge of water from Nelson Street and consider any drainage measures which may be reasonable and practicable to alleviate water logging.

 

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

 

140/16 Resolved:        (Flack/Smyth)

 

That Council confer with Coffey Geotechnical Engineers in relation to the discharge of water from Nelson Street and consider any drainage measures which may be reasonable and practicable to alleviate water logging.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 9.54 pm. 

 

Confirmed and signed by the Mayor on 31 March 2016.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)