The following document is the minutes of the Council meeting held on 29 August 2013. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 11 September 2013 and therefore subject to change. Please refer to the minutes of 11 September 2013 for confirmation.
PRESENT
Cr Rhonda Hoban (Mayor) |
Cr John Ainsworth |
Cr Martin Ballangarry OAM |
Cr Brian Finlayson |
Cr Paula Flack |
Cr Bob Morrison |
Cr Anne Smyth |
Cr Elaine South |
ALSO PRESENT
Michael Coulter (General Manager) |
Peter Wilson (AGM Corporate & Community Services) |
Noel Chapman (A/g AGM Engineering Services) |
Monika Schuhmacher (Minute Secretary) |
APOLOGIES
Cr Kim MacDonald
PRAYER
Pastor Jon Ventham from the C3 Church offered a prayer on behalf of the Nambucca Minister's Association.
DISCLOSURE OF INTEREST
Councillor R Hoban declared a non-pecuniary significant conflict of interest in Item 12.1 Valla Quarry - Compliance with Consent Conditions - Proposed Application to Modify Consent to Permit Increased Output under the Local Government Act as Cr Hoban was involved in negotiating the original Conditions of Consent on Valla Quarry in the Land and Environment Court. Cr Hoban left the meeting for this item.
CONFIRMATION OF MINUTES - Ordinary Council Meeting 14 August 2013
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1/13 RESOLVED: (South/Finlayson)
That the minutes of the Ordinary Council Meeting of 14 August 2013 be confirmed. |
NOTICE OF MOTION - CR Hoban
NOTICE OF MOTION - CR Morrison
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RECOMMENDATION
That the following public forums be heard:
Mr Bob MacKay - Putting the Right Spirit in Place
Ms Karen Bindoff - Hall Insurance on behalf of Missabotti Community Hall
Mrs June Owen - New Dam
Mr Jim & Mrs Sue Luong-Van - Upper Missabotti Road
Ms Betty Moran - Public Forum - Condition of Missabotti Road
Mr Adrian Weir - Public Forum - Bellingen Road and NSW Rural Fire Service
Mr Stuart Simshauser - Bellingen Road |
Mr Bob MacKay addressed Council making the following points:
· More positive actions required in respecting the Aboriginal people
· Council should do more than just acknowledge the Gumbaynggirr people at the beginning of Council meetings
· Same should apply to our Aboriginal community
· Should ask “first people” first
· Cr Ballangarry should address the community on his thoughts of topics
· Asked Cr Ballangarry to comment on: asylum seekers; gay marriage;
· Invite Prime Minister and Leader of the Opposition to address community
Ms Karen Bindoff addressed Council making the following points:
· Sought clarification on insurance for people using Missabotti Hall for various activities
· Proposed Girls Meeting to conduct arts/crafts workshops – advised by Council they would require insurance
· Market day insurance
· Why doubling up of insurance?
· General Manager and acting Assistant General Manager Corporate and Community Services provided advice on insurance.
Mrs June Owen addressed Council making the following points:
· Concerned about dam and pumping out of creek
· Water has stopped flowing passed their house
· Mayor explained in detail about the operation of the dam
Mr Jim & Mrs Sue Luong-Van addressed Council making the following points:
· Live at top of Missabotti Road
· With last floods the road in front of their property was washed away and never repaired properly
· And with recent rains road dropped away by 1 metre also restricting access to their property
· Questions the job repairs
· The acting Assistant General Manager Engineering Services advised that work was being done on a survey and design to improve this section of road
Ms Betty Moran addressed Council making the following points:
· Concerned about quality of road work undertaken by Boral
· Had bitumen replaced in front of her property which seemed to be all tar and no stones
· Job done was an absolute disgrace and danger and workers were there for only 15 minutes
· Has Boral been paid for the job?
Mr Adrian Weir addressed Council making the following points:
· Concerned with funding for Rural Fire Service (RFS) and loss of staff from Macksville to Kempsey
· Cost in time and money for volunteers to go to Kempsey for training at the end of a working day and not getting home until midnight
· Will lose many volunteers if this does not change – hard enough to get young people to volunteer
· Would me more cost effective to bring one trainer to Shire than many volunteers driving to Kempsey for training
· Raised concerns about the Bellingen Road
Mr Stuart Simshauser addressed Council making the following points:
· Concerned about Bellingen Road
· Complained about cow poo on road in front of dairy - dangerously affecting motorbike riders
· Only $6million spent on Bellingen Road but $10 million provided by Roads and Maritime Services
· Council should research legal aspects – what the Council has a right to do and funds it is entitled to
· Council has a duty of care
· Concerned that Bowraville will “die”
· Suggests Council seeks legal advice about funding the road
· Suggests introducing a toll to raise funds for the road
· Suggests relocating boundary and including Bowraville in the Bellingen Shire.
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
5/13 RESOLVED: (Ainsworth/Finlayson)
That the list of outstanding actions and reports be noted and received for information by Council. |
Assistant General Manager Corporate and Community Services Report
8/13 RESOLVED: (Flack/Ballangarry)
That the schedule of dates for public Council meetings be noted and received for information by Council. |
ITEM 10.9 SF1620 290813 Integrated Planning & Reporting – Delivery Program 2012-2016 Progress Report To 30 June 2013 |
1 That Council endorse the 2012/13–2015/16 Delivery Program Progress Report for the year ending 30 June 2013.
2 That the summary of achievements, highlights and events for 2012/13 be noted.
Amendment: (Ainsworth/Morrison)
That this item be deferred to Council’s meeting on 11 September 2013 to provide Councillors the opportunity to submit any comments or questions they have in regard to the Integrated Planning and Reporting – Delivery Program 2012-2016 Progress Report.
The amendment was carried and it became the motion and it was:
15/13 Resolved: (Ainsworth/Morrison)
That this item be deferred to Council’s meeting on 11 September 2013 to provide Councillors the opportunity to submit any comments or questions they have in regard to the Integrated Planning and Reporting – Delivery Program 2012-2016 Progress Report. |
Assistant General Manager Engineering Services Report
Cr Ainsworth took the Chair for the duration of Cr Hoban’s absence.
General Manager Report
For Confidential Business Paper in Closed Meeting
ITEM 12.1 SF1431 290813 Valla Quarry - Compliance with Consent Conditions - Proposed Application to Modify Consent to Permit Increased Output
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 7.36 pm.
Council adjourned the meeting at 7.43 pm.
Council resumed the meeting at 7.45 pm.
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That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 8.07 pm.
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FROM COUNCIL IN CLOSED MEETING
General Manager Report
For Confidential Business Paper in Closed Meeting
ITEM 12.1 SF1431 290813 Valla Quarry - Compliance with Consent Conditions - Proposed Application to Modify Consent to Permit Increased Output |
1. Pending the determination of any application to increase the maximum permissible annual extraction, that Council seek Class 4 orders in the Land & Environment Court to limit operations at the Valla quarry to 50,000m3 (in situ) per annum being the requirement of condition 12 of the development consent.
2. That Council advise the NSW Environment Protection Authority of its proposed action and invite them to be a party to the proceedings.
Amendment: (Morrison/South)
That a further report come to Council on: i) What is the actual amount which has been excavated from Valla Quarry ii) What is their definition of a year iii) How is the conversion factor determined from tonnes into cubic metres iv) What where the conditions of consent?
The amendment was carried and it became the motion and it was:
18/13 Resolved: (Morrison/South)
That a further report come to Council on:
i) What is the actual amount which has been excavated from Valla Quarry ii) What is their definition of a year iii) How is the conversion factor determined from tonnes into cubic metres iv) What were the conditions of consent? |
CLOSURE
There being no further business the Mayor then closed the meeting the time being 8.08 pm.
Confirmed and signed by the Mayor on 11 September 2013.
CR RHONDA HOBAN
MAYOR
(CHAIRPERSON)