Minutes of Ordinary Council Meeting

The following document is the minutes of the Council meeting held on 14 November 2012. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 29 November 2012 and therefore subject to change. Please refer to the minutes of 29 November 2012 for confirmation.

PRESENT

Cr Rhonda Hoban (Mayor)	Cr John Ainsworth
Cr Martin Ballangarry OAM	Cr Brian Finlayson
Cr Paula Flack	Cr Kim MacDonald
Cr Bob Morrison	Cr Anne Smyth
Cr Elaine South

ALSO PRESENT

Michael Coulter (General Manager)	Greg Meyers (AGM Corporate & Community Services)
Paul Gallagher (AGM Engineering Services)

PRAYER

Pastor Robbie Ventham from the C3 Church offered a prayer on behalf of the Nambucca Minister's Association.

DISCLOSURE OF INTEREST

Councillor K MacDonald declared a non-pecuniary less significant conflict of interest in Item 9.2 Request to Acquire a Small Section of Gordon Park, Nambucca Heads under the Local Government Act as Cr MacDonald worked with Mr Leckie some months ago when she was employed part-time by Nambucca Shire Council.

Councillor K MacDonald declared a non-pecuniary less significant conflict of interest in Item 12.1 General Manager's Performance Review under the Local Government Act as Cr MacDonald has only been a Councillor for two months and prior to this was employed part-time by Nambucca Shire Council. There may be a perception that her time on Council is too recent to be unbiased.

Councillor A. Smyth declared a non-pecuniary less significant conflict of interest in Item 9.5 Draft Flying Fox Plan of Management, Grassy Park, Bowraville under the Local Government Act as Cr Smyth’s sister in law works for Nambucca Valley Land Care, one of the organisations who have assisted Council in the development of the Plan. As there may be a perception by some members of the community that this relationship may influence her decision she chose to declare this conflict, even though this is not the case.

Councillor BJ Finlayson declared a pecuniary interest in Item 11.7 Ferry Street, Macksville - Amenities Building under the Local Government Act as Cr Finlayson acted fro one party involved in a truck accident at the site. Cr Finlayson left the meeting for this item.

CONFIRMATION OF MINUTES - Ordinary Council Meeting 25 October 2012

3626/12 RESOLVED: (Smyth/MacDonald)

That the minutes of the Ordinary Council Meeting of 25 October 2012 be confirmed.

NOTICE OF MOTION - CR Morrison – LATE

ITEM 5.1 SF1714 141112 Notice of Motion - Request for Leave - Cr Bob Morrison –

29 November 2012 (SF1788)

3627/12 RESOLVED: (Morrison/Ainsworth)

That Cr Bob Morrison’s apology be accepted for not being able to attend the Water Supply Steering Committee meeting on 7 November 2012 and that he be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the Council meeting on 29 November 2012.

DELEGATIONS/PUBLIC FORUM

RECOMMENDATION

That the following delegations be heard:

ITEM 9.2 Request to Acquire a Small Section of Gordon Park, Nambucca Heads

i) Mr John Tait—supporting recommendation – Mr Tait addressed Council at the onsite meeting to a prepared statement which is on file SF734.

PUBLIC FORUM

Briefing on the Draft Catchment Action Plan

ii) Mr Royce Bennett on behalf of the Northern Rivers Catchment Management Authority.

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 141112 Outstanding Actions and Reports

3628/12 RESOLVED: (Ainsworth/MacDonald)

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

ITEM 9.2 SF734 141112 Request to Acquire a Small Section of Gordon Park, Nambucca Heads

3629/12 RESOLVED: (Finlayson/Morrison)

That the matter be deferred to Council’s meeting on Wednesday 12 December 2012.

Motion: (Morrison/Ainsworth)

That Council seek advice as to whether the applicants would be prepared to submit the option of a lease, extending, say two meters out from the retaining wall with restrictions on the removal of vegetation and restrictions on structures without the further approval of Council.

Amendment: (Flack/Smyth)

That the Council ask the community whether they would like to sell or lease a section of Gordon Park.

The amendment was LOST.

Motion: (Morrison/Ainsworth)

The motion was LOST.

ITEM 9.3 SF382 141112 Proposed Revised Options for the Scotts Head Caravan Park

3630/12 RESOLVED: (Finlayson/South)

That Council note the inspection of the Scotts Head Caravan Park.

ITEM 9.4 SF1496 141112 Minutes of the Nambucca River, Creeks, Estuary and Coastline Management Committee Meeting held on 2 November 2012

3631/12 RESOLVED: (Finlayson/Ainsworth)

1 That Council note the comments from the Committee in relation to the Environmental Levy.

2 That Council note the support for the exhibition of the Deep Creek Flood Study

3 That the remaining Minutes from the Nambucca River, Creeks, Estuary and Coastline Management Committee Meeting held on Friday, 2 November 2012 be endorsed.

ITEM 9.5 SF430 141112 Draft Flying Fox Plan of Management, Grassy Park, Bowraville

Motion: (Smyth/Flack)

That the Flying Fox Plan of Management for Grassy Park, Bowraville be amended on page 76 in Zone 3b to include “if any vegetation in the buffer zone is found to attract flying foxes then the vegetation will be removed and replaced with an alternative non-Flying Fox attracting species that will help inhibit weed growth” and the Plan of Management be endorsed.

Amendment: (Hoban/Finlayson)

That the matter be deferred to enable residents to be notified.

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

3632/12 Resolved: (Hoban/Finlayson)

That the matter be deferred to enable residents to be notified.

ITEM 9.6 SF1771 141112 Investment Report to 31 October 2012

3633/12 RESOLVED: (Finlayson/Ainsworth)

That the Accountants’ Report on Investments placed to 31 October 2012 be noted.

General Manager Report – LATE

ITEM 9.7 SF669 141112 Acceptance of Delegations of Authority for the Making of Local Environmental Plans

3634/12 RESOLVED: (Finlayson/Smyth)

That the Minister, the Hon Brad Hazzard MP be advised that:

1 Nambucca Shire Council accepts the Minister’s delegations under Section 59 of the Environmental Planning and Assessment Act;

2 The elected Council will exercise the delegations; and

3 Council’s Strategic Planner, Mr Grant Nelson and in his absence, Council’s General Manager, Mr Michael Coulter will undertake the administrative functions associated with the exercise of the delegations.

General Manager Report – LATE

ITEM 9.8 SF251 141112 Schedule of Council Public Meetings

3635/12 RESOLVED: (Ainsworth/MacDonald)

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

Assistant General Manager Corporate and Community Services Report

ITEM 10.1 SF1709 141112 Review of Planning and Development Applications and Statistical Information Reports

Motion: (Flack/Smyth)

That Council continue to receive development applications received reports 1, 2 and 3 but the other reports come to Council on a six (6) monthly basis.

Amendment: (Finlayson/Ainsworth)

That the matter be deferred for one (1) month to allow Councillors the opportunity to look at development applications online.

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

3636/12 Resolved: (Finlayson/Ainsworth)

That the matter be deferred for one (1) month to allow Councillors the opportunity to look at development applications online.

ITEM 10.2 SF1709 141112 DA's and CDC's Received and Determined Under Delegated Authority from 15 October to 2 November 2012

3637/12 RESOLVED: (Ainsworth/South)

That Council note the Development Applications/Complying Development Applications received and determined under delegated authority.

ITEM 10.3 SF1709 141112 Outstanding DA's greater than 12 months, applications where submissions received not determined to 2 November 2012

3638/12 RESOLVED: (Ainsworth/MacDonald)

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

ITEM 10.4 SF1148 141112 Contract Regulatory Officer's Report October 2012

3639/12 RESOLVED: (Finlayson/MacDonald)

That the report from the Contract Regulatory Officer for October 2012 be received and noted by Council.

Assistant General Manager Corporate and Community Services Report – LATE

ITEM 10.5 DA 2012/111 141112 DA 2012/111 Response to Enquiry as to Whether the Federal Telecommunications Act will override the State Planning Legislation Council operates under.

3640/12 RESOLVED: (Finlayson/Ainsworth)

That Council note the applicant’s response advising that there is no other alternate legislation available to them for this application for the telecommunication facility.

Assistant General Manager Engineering Services Report

ITEM 11.1 SF453 141112 Quarterly Business Report - Waste 1 July - 30 September 2012

3641/12 RESOLVED: (Ainsworth/Ballangarry)

That Council receive and note the information provided in the Waste Management Status Quarterly report 1 July to 30 September 2012.

ITEM 11.2 SF1428 141112 State Emergency and Rescue Management Act 1989 (SERM Act) - Amendment

3642/12 RESOLVED: (South/Ballangarry)

1 That Council receive and note the report on the amendments to the State Emergency and Rescue Management Act 1989 (SERM Act).

2 That the General Manager has delegated the Local Emergency Management Officer (LEMO) and Local Emergency Management Committee (LEMC) Chairperson role to the Assistant General Manager Engineering Services.

ITEM 11.3 SF85 141112 NSW Rural Fire Service Liaison Committee meeting No. 1 – 2012/13

3643/12 RESOLVED: (Ainsworth/Morrison)

That Council receive and note the minutes and the report on the RFS Zone Liaison Committee Meeting No 1 - 2012/13 held on Thursday 11 October 2012 (TRIM 29203/2012).

ITEM 11.4 SF1031 141112 Review of Policies - Building in the Vicinity of Sewers and Easements for Sewerage, Water Supply and Stormwater and

3644/12 RESOLVED: (Smyth/Finlayson)

That the Council place the Draft “Building in the Vicinity of Sewers” and “Easements for Sewerage, Water Supply and Stormwater” Policies on public exhibition for a period of 28 days for public comment with a view to adopting the policies once any comment has been considered.

ITEM 11.5 SF1807 141112 Tree Vandalism - Parkes Street, Nambucca Heads

Motion: (Flack/Smyth)

That Council:

1 monitor the condition of the trees for possible regrowth;

2 note that a further report will be provided if information is received that will lead to legal action;

3 allocate additional funding up to the value of $10,000.00 from the general fund towards the screening of the site, with the amount being added to the September Quarter Budget review; and with the $10,000 to come from the unallocated budget of the environmental levy

4 receive and note the media release and advertisement of the $5000,00 reward for information leading to a conviction.

Amendment: (Ainsworth/Finlayson)

That Council:

1 monitor the condition of the trees for possible regrowth

2 note that a further report will be provided if information is received that will lead to legal action

3 that staff or a contractor arrange for the removal of trees considered dangerous forthwith

4 receive and note the media release and advertisement of the $5000,00 reward for information leading to a conviction

5 receive a report from the Assistant General Manager Engineering Services concerning rehabilitation and revegetation of the site and the cost involved.

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

3645/12 Resolved: (Ainsworth/Finlayson)

That Council:

1 monitor the condition of the trees for possible regrowth

2 note that a further report will be provided if information is received that will lead to legal action

3 that staff or a contractor arrange for the removal of trees considered dangerous forthwith

4 receive and note the media release and advertisement of the $5000,00 reward for information leading to a conviction

5 receive a report from the Assistant General Manager Engineering Services concerning rehabilitation and revegetation of the site and the cost involved.

ITEM 11.6 SF629 141112 Applications for Tree Removal - Eungai Creek

Motion: (Hoban/South)

That Council:

1 delegate to staff authority to determine the applications for the removal of trees at 120, 130 and 132 Main Street Eungai Creek; and

2 acknowledge the application for the removal of trees at 128 Main Street Eungai Creek, noting the trees have already been removed without approval.

Amendment: (Flack/Smyth)

That the matter be deferred until consultants have determined that no threatened species will be affected.

The amendment was LOST.

3646/12 Resolved: (Hoban/South)

That Council:

1 delegate to staff authority to determine the applications for the removal of trees at 120, 130 and 132 Main Street Eungai Creek; and

2 acknowledge the application for the removal of trees at 128 Main Street Eungai Creek, noting the trees have already been removed without approval.

Note: Cr Flack requested that her vote be recorded as against this resolution on the basis the trees have not been assessed for their habitat value by an expert, nor have nocturnal inspections been undertaken, and neither is she confident that there will be no impact on threatened species.

Cr Finlayson declared a significant conflict of interest and left at 5.06 pm and returned at the conclusion of this item at 5.16 pm.

ITEM 11.7 SF699 141112 Ferry Street, Macksville - Amenities Building

3647/12 RESOLVED: (South/Ainsworth)

1 That Council receive and note the report.

2 That Council accept an offer from the Nambucca Valley River Users Group to carry out the construction of the new amenities building.

ITEM 11.8 SF768 141112 Laverty's Bridge Replacement 2012/13

Motion: (Ainsworth/Ballangarry)

That Council receive and note this report and endorse Option 1 for the replacement of Laverty’s Bridge at Taylors Arm subject to the additional funds being found within the road rehabilitation budget.

Amendment: (Flack/Finlayson)

That the matter be deferred to clarify the costings of Option 1 and Option 2.

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

3648/12 Resolved: (Flack/Finlayson)

That the matter be deferred to clarify the costings of Option 1 and Option 2.

ITEM 11.9 SF275 141112 Traffic Control services and purchase of automated traffic signals

3649/12 RESOLVED: (Ainsworth/Finlayson)

That Council:

1 purchase one (1) set of portable traffic lights from the plant reserve to the value of $40,000.00;

2 continue to utilise the contracted traffic control services where appropriate; and

3 continue to utilise staff from within civil works for traffic control services where appropriate .

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

RESOLVED:

1 That Council consider any written representations from the public as to why the Meeting should not be Closed to the public.

2 That Council move into Closed Meeting to discuss the matters for the reason(s) listed below.

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1 SF839 141112 General Manager's Performance Review

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) (a) of the Local Government Act, 1993, on the grounds that the report contains personnel matters concerning particular individuals.

CLOSED MEETING

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 12.30 pm.

RESUME IN OPEN MEETING

RESOLVED:

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 2.45 pm.

FROM COUNCIL IN CLOSED MEETING

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1 SF839 141112 General Manager's Performance Review

3650/12 RESOLVED: (Ainsworth/Flack)

That Council adopt the performance review for the General Manager conducted by the General Manager’s Performance Review Committee on Wednesday 14 November 2012.

CLOSURE

There being no further business the Mayor then closed the meeting the time being 5.35 pm.

Confirmed and signed by the Mayor on 29 November 2012

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)