The following document is the minutes of the Council meeting held on 12 June 2013. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 27 June 2013 and therefore subject to change. Please refer to the minutes of 27 June 2013 for confirmation.
PRESENT
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Cr Rhonda Hoban (Mayor) |
Cr John Ainsworth |
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Cr Martin Ballangarry OAM |
Cr Kim MacDonald |
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Cr Paula Flack |
Cr Anne Smyth |
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Cr Bob Morrison |
Cr Elaine South |
ALSO PRESENT
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Michael Coulter (General Manager) |
Peter Wilson (AGM Corporate & Community Services) |
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Paul Gallagher (AGM Engineering Services) |
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APOLOGIES
Cr Finlayson
PRAYER
Pastor Darryl Spriggs of the Presbyterian Church offered a prayer on behalf of the Nambucca Minister's Association.
DISCLOSURE OF INTEREST
TheGeneral Manager declared a Non-Pecuniary Significant Conflict of Interest in relation to item 10.2 concerning the Donations Program as he is a Patrol Captain at the Macksville Scotts Head Surf Life Saving Club and the Club made a submission for funding from the donations program.
ASKING OF QUESTIONS WITH NOTICE
There were no Questions with Notice.
QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED
There were no Question for Closed Meeting where due Notice had been received.
General Manager Report
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23/13 RESOLVED: (Flack/MacDonald)
That the list of outstanding actions and reports be noted and received for information by Council.
24/13 Resolved: (Flack/Smyth)
That Council receive a report in Closed Meeting regarding the progress of the onsite sewage management system at 5625 Pacific Highway, North Macksville.
25/13 Resolved: (Morrison/Ainsworth)
That Council write to the Roads and Maritime Services emphasising the critical nature of the Link Road intersection and request a response as soon as possible to Council’s correspondence. |
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ITEM 9.2 SF894 120613 Independent Local Government Review Panel - Future Directions for NSW Local Government - Twenty Essential Steps |
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Council advise the Independent Local Government Review Panel that whilst it is open to alliances to achieve enhanced efficiency, there is no evidence that the proposed multi-purpose County Councils will improve efficiency and effectiveness whilst keeping the “local” in local government. For this reason Council advise the Independent Local Government Review Panel that it opposes the creation of the multi-purpose North Coast County Council with the minimum set of core functions specified on page 34 of the report.
Amendment: (Ainsworth/Morrison)
That Council advise the Independent Local Government Review Panel that whilst it is open to alliances to achieve enhanced efficiency, there is no evidence that the proposed multi-purpose County Councils will improve efficiency and effectiveness whilst keeping the “local” in local government. For this reason Council advise the Independent Local Government Review Panel that it opposes the creation of the multi-purpose North Coast County Council with the minimum set of core functions specified on page 34 of the report. Also that the submission includes the following additional comments:
The amendment was carried and it became the motion and it was:
26/13 Resolved: (Ainsworth/Morrison)
That Council advise the Independent Local Government Review Panel that whilst it is open to alliances to achieve enhanced efficiency, there is no evidence that the proposed multi-purpose County Councils will improve efficiency and effectiveness whilst keeping the “local” in local government. For this reason Council advise the Independent Local Government Review Panel that it opposes the creation of the multi-purpose North Coast County Council with the minimum set of core functions specified on page 34 of the report. Also that the submission includes the following additional comments:
Cr Morrison - that this Council opposes the creation of the multi-purpose Council until such
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Assistant General Manager Corporate and Community Services Report
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ITEM 10.1 SF270 120613 Remuneration for Mayor and Councillors - 2013/14 |
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1 That the annual fee payable to Councillors in 2013/14 be $10,480.
2 That the additional annual fee payable to the Mayor in 2013/14 be $22,870.
3 That the variation to the 2013/14 Budget allocation be reflected in the September 2013 Quarterly Budget Review.
Amendment: (Morrison/Ainsworth)
That the annual fee payable to Councillors to remain the same.
The amendment was LOST.
The motion was carried and it was:
29/13 Resolved: (Flack/South)
1 That the annual fee payable to Councillors in 2013/14 be $10,480.
2 That the additional annual fee payable to the Mayor in 2013/14 be $22,870.
3 That the variation to the 2013/14 Budget allocation be reflected in the September 2013 Quarterly Budget Review. |
General Manager left the meeting for this item
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30/13 RESOLVED: (Flack/Ainsworth)
That Council remove the existing delegation to the General Manager and/or Mayor for distribution of small donations and further that the residual donation program funding applications be referred to Council for determination in accordance with the Donations Policy
31/13 Resolved: (Flack/Ainsworth)
That donations under the 2013/14 Donations Program be made in accordance with the recommendations set out in the schedule below:
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ITEM 10.3 SF36 120613 Code Of Conduct 2013 – Commencement And Key Resources |
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32/13 RESOLVED: (South/Finlayson)
1 That Council adopt the new DLG Model Code of Conduct framework, as amended, as Nambucca Shire Council’s Code of Conduct.
2 That the Assistant General Manager Corporate & Community Services be appointed as the Complaints Coordinator and the Manager Human Resources be appointed as the alternate Complaints Coordinator.
3 That a further report be presented to Council in relation to the appointment of an independent Code of Conduct Review Panel.
4 That the Assistant General Manager Corporate & Community Services be appointed as the Public Interest Disclosures Coordinator.
33/13 Resolved: (Flack/Smyth)
That Council seek clarification on:
· the question of quorums where a majority of Councillors have a conflict of interest.
· the statement that Councillors can only approach staff or staff organisations to discuss broad work place policies.
· Council staff not being able to speak to objectors outside normal hours but there is no similar reference to developers. |
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34/13 RESOLVED: (MacDonald/Morrison)
That the Accountants’ Report on Investments placed to 31 May 2013 be noted. |
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ITEM 10.5 SF1822 120613 Minutes of the Access Committee meeting held 23 April 2013 |
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That the Committee’s submission to the Joint Standing Committee on Road Safety regarding Non-registered motorised scooters be noted, and the minutes of the Nambucca Shire Council Access Committee meeting held 23 April 2013 be endorsed.
(commented that the minutes listed are for the May, not April meeting)
Amendment: (Ainsworth/MacDonald)
That the matter be deferred to clarify whether the minutes are for the April or May meeting of the Committee.
The amendment was carried and it became the motion and it was:
35/13 Resolved: (Ainsworth/MacDonald)
That the matter be deferred to clarify whether the minutes are for the April 2013 or May 2013 meeting of the Access Committee. |
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ITEM 10.6 SF632 120613 Re-reporting Modification to 2012/010 to remove Lot 14 from the development |
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1 That Council consent to the Modification DA2012/010/01 for the excising of Lot 14 from the development, subject to the recommended modified conditions attached to this report.
2 That Council consent to the request to vary car parking requirements within Part C of the Nambucca Development Control Plan 2010 subject to the payment of Section 94 Contributions in lieu of short fall of on-site car park spaces being 8 spaces at $8,821 per space as per the table below.
3 That Council apply the funds raised by this development to public car-parking improvements within or adjacent to the Macksville CBD.
Amendment: (MacDonald/Morrison)
The matter be deferred so as to provide confirmation via a diagram of the 21 off street parking spaces.
The amendment was carried and it became the motion as it was:
36/13 Resolved: (MacDonald/Morrison)
The matter be deferred so as to provide confirmation via a diagram of the 21 off street parking spaces.
For the Motion: Councillors Morrison, Ballangarry, Flack, Smyth, Ainsworth, MacDonald, South and Hoban (Total 8) Against the Motion: Nil |
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ITEM 10.8 SF1148 120613 Contract Regulatory Officer's Report May 2013 |
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That the report from the Contract Regulatory Officer for May 2013 be received and noted by Council. |
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39/13 RESOLVED: (Flack/Morrison)
That the schedule of dates for public Council meetings be noted and received for information by Council. |
Assistant General Manager Engineering Services Report
General Manager Report
For Confidential Business Paper in Closed Meeting
ITEM 12.1 SF734 120613 Request to Acquire a Section of Gordon Park - Response from the Applicant
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 10.32am
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That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 10.45am. |
FROM COUNCIL IN CLOSED MEETING
General Manager Report
For Confidential Business Paper in Closed Meeting
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ITEM 12.1 SF734 120613 Request to Acquire a Section of Gordon Park - Response from the Applicant |
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That Council note the “without prejudice” comments and request from Kelli and Clint Leckie. |
CLOSURE
There being no further business the Mayor then closed the meeting the time being 10.45am.
Confirmed and signed by the Mayor on 27 June 2013.
CR RHONDA HOBAN
MAYOR
(CHAIRPERSON)