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 |
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ALSO PRESENT
Michael Coulter (General Manager) |
Greg Meyers (AGM Corporate & Community Services) |
Paul Gallagher (AGM Engineering Services) |
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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
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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
3628/12 RESOLVED: (Ainsworth/MacDonald)
That the list of outstanding actions and reports be noted and received for information by Council. |
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 9.5 SF430 141112 Draft Flying Fox Plan of Management, Grassy Park, Bowraville |
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. |
3633/12 RESOLVED: (Finlayson/Ainsworth)
That the Accountants’ Report on Investments placed to 31 October 2012 be noted. |
General Manager Report – LATE
General Manager Report – LATE
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 |
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. |
Assistant General Manager Corporate and Community Services Report – LATE
Assistant General Manager Engineering Services Report
ITEM 11.5 SF1807 141112 Tree Vandalism - Parkes Street, Nambucca Heads |
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 |
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.
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.
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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.
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That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 2.45 pm.
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FROM COUNCIL IN CLOSED MEETING
General Manager Report
For Confidential Business Paper in Closed Meeting
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)