Minutes of Ordinary Council Meeting

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

1/13 RESOLVED: (South/Finlayson)

That the minutes of the Ordinary Council Meeting of 14 August 2013 be confirmed.

NOTICE OF MOTION - CR Hoban

ITEM 5.1 SF1817 290813 Notice of Motion - Wilson Road - Recently Raised Speed Zone (SF1009)

2/13 RESOLVED: (Hoban/Ainsworth)

1 That Council write to the Roads and Maritime Services requesting the reinstatement of the 60kph zone on Wilson Road from 200m west of Coronation Road to 400m west of Spaldings Lane Macksville.

2 That in the event Roads and Maritime Services refuse to lower the speed limit, Council provide concealed driveway warning signage in the vicinity of the access to 91, 95 and 105 Wilson Road.

3 That Council request the Roads and Maritime Services to reconsider the 90km/hr speed zone at either end of the “s” bends on Wilson Road as this speed is too dangerous for this particular part of the Road.

NOTICE OF MOTION - CR Morrison

ITEM 5.2 SF1817 290813 Notice of Motion - Request for Leave of Absence - Cr Bob Morrison 7 to 23 October 2013 (SF1788)

3/13 RESOLVED: (Morrison/Ainsworth)

That Cr Bob Morrison be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 7 to 23 October 2013 inclusive.

PUBLIC FORUMS

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

GB4/13 - Relocation of the Primary NSW Rural Fire Service Control Centre from Nambucca Emergency Operation Centre to Kempsey Fire Control Centre (Ref sf84)

4/13 RESOLVED:(Ainsworth/Flack)

That Council write to the NSW Rural Fire Service seeking confirmation that training for volunteers will continue at the same level at NEOC in Macksville and ask if there is going to be any reduction in training opportunities onsite at brigade sheds. Further, Council seek advice on what will the Rural Fire Services’ future requirements be for NEOC.

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

ITEM 9.1 SF959 290813 Outstanding Actions and Reports

5/13 RESOLVED: (Ainsworth/Finlayson)

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

ITEM 9.2 SF757 290813 Costs to Communities and Councils arising out of Antimony Mining and Processing in River Catchments

6/13 RESOLVED: (Ainsworth/Finlayson)

That the information from Kempsey Shire Council concerning the costs to communities and councils arising out of antimony mining and processing activities be received.

Assistant General Manager Corporate and Community Services Report

ITEM 10.1 SF1823 290813 Outstanding DA's greater than 12 months, applications where submissions received not determined to 5-16 August 2013

7/13 RESOLVED: (Finlayson/Ainsworth)

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

ITEM 10.2 SF251 290813 Schedule of Council Public Meetings

8/13 RESOLVED: (Flack/Ballangarry)

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

ITEM 10.3 SF312 290813 Gordon Park Rainforest Committee of Management - Annual General Meeting - 8 August 2013- Minutes

9/13 RESOLVED: (Flack/Smyth)

That Council endorse the minutes of the Committee of Management of the Gordon Park Rainforest Annual General Meeting which was held on 8 August 2013 and that Council thank the outgoing Committee for their work in 2011/2012.

ITEM 10.4 SF339 290813 Unkya Reserve Committee of Management - Minutes of Annual General Meeting - 17 July 2013

10/13 RESOLVED: (Flack/Finlayson)

That Council endorse the Minutes of the Committee of Management for the Unkya Reserve’s Annual General Meeting held on 17 July 2013 and thank the outgoing Committee for their work during the past twelve months.

ITEM 10.5 SF321 290813 Missabotti Community Centre Committee of Management AGM - 14 July 2013 - Minutes

11/13 RESOLVED: (Flack/Ballangarry)

That Council endorse minutes of the Committee of Management for the Missabotti Community Centre’s Annual General Meeting held on 14 July 2013, and thank the outgoing Committee for their work in the past twelve months.

ITEM 10.6 SF315 290813 Mary Boulton Pioneer Cottage and Museum - Committee of Management - Annual General Meeting 10 August 2013

12/13 RESOLVED: (Flack/Smyth)

That Council endorse the minutes of the Annual General Meeting held on 10 August 2013 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.

ITEM 10.7 SF340 290813 Utungun Community Centre Committee of Management - Minutes of Annual General Meeting - 27 November 2012

13/13 RESOLVED: (Flack/South)

That Council endorse the Minutes of the Committee of Management for the Utungun Community Centre’s Annual General Meeting held on 27 November 2012.

ITEM 10.8 SF1148 290813 Contract Regulatory Officer's Report July 2013

14/13 RESOLVED: (Finlayson/Ballangarry)

That the report from the Contract Regulatory Officer for July 2013 be received and noted by Council.

ITEM 10.9 SF1620 290813 Integrated Planning & Reporting – Delivery Program 2012-2016 Progress Report To 30 June 2013

Motion: (Smyth/Finlayson)

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)

Assistant General Manager Engineering Services Report

ITEM 11.1 SF992 290813 Nambucca Emergency Operations Centre Committee - Minutes - 6 August 2013

16/13 RESOLVED: (Ainsworth/Finlayson)

1 That Council receive and note the minutes of the Nambucca Emergency Operations Centre Committee held on 6 August 2013.

2 That Council receive and note that the work to upgrade the kitchen and to install a windsock is proceeding.

ITEM 11.2 SF1676 290813 Road Rehabilitation - Revised Work Program 2013/2014

17/13 RESOLVED: (Ainsworth/Finlayson)

1 That Council receive and endorse the proposed revised work program for road rehabilitation.

2 That the revised program be exhibited for a period of 28 days consistent with usual practice for budget documents.

Cr Hoban left the meeting for the Item in Closed Meeting at 7.36 pm and returned after the conclusion of the Closed Item at 8.07 pm.

Cr Ainsworth took the Chair for the duration of Cr Hoban’s absence.

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

Resolved: (Smyth/Finlayson)

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.

Reason reports are 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

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.

RESUME IN OPEN MEETING

Resolved: (Finlayson/South)

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 8.07 pm.

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

Motion: (Smyth/Flack)

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)