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)	Scott Norman (AGM Corporate Services)
Paul Gallagher (AGM Engineering Services)	Monika Schuhmacher (Minute Secretary)

PRESENTATION TO WOOD FIRE COLOURING-IN COMPETITION WINNERS

The Mayor congratulated Miss Emily Piipari and presented her with a Winner Certificate and Wish Gift Card.  Miss Piipari is one of three local winners of the Wood Fire Colouring-in Competition which was part of the Woodsmoke Campaign.  The other two local winners (Nikita Short and Luka Quinn) were not in attendance.

PRAYER

The Rev Bernard Davidson from The Salvation Army offered a prayer on behalf of the Nambucca Minister's Association.

DISCLOSURE OF INTEREST

Councillor JA Ainsworth declared a non-pecuniary less significant conflict of interest in Item 9.7 DA2001/096 Modification of existing Extractive Industry consent - Lot 100, 101 & 104 DP 1118337, 491 Valla Rd Valla under the Local Government Act as Cr Ainsworth states the son of a distant relative makes the occasional and irregular collection of material from the Quarry on behalf of local trade persons.

Councillor R Hoban declared a non-pecuniary significant conflict of interest in Items 9.7 and 12.3 DA2001/096 Modification of existing Extractive Industry consent - Lot 100, 101 & 104 DP 1118337, 491 Valla Rd Valla under the Local Government Act as Cr Hoban was involved in negotiating the original conditions of consent prior to becoming a Councillor.  Cr Hoban left the meeting for this item.

Councillor K MacDonald declared a pecuniary interest in Item 9.11 Transfer of the Eungai Pre-School to the Nambucca Valley Children's Group under the Local Government Act as Cr MacDonald’s sister is employed by the Nambucca Valley Children’s Group.  Cr MacDonald left the meeting for this item.

Councillor B Morrison declared a pecuniary less significant conflict of interest in Item 11.2 Request for Donation of Seat Shelters for the Unofficial Rest Area on Link Road, Nambucca Heads, by the Lions Club of Nambucca Heads under the Local Government Act as Cr Morrison is a member of the Lions Club of Nambucca Heads.  Cr Morrison holds no Executive position in the Club and is not involved in any decision making committees.

CONFIRMATION OF MINUTES - Ordinary Council Meeting 11 September 2014

453/14 RESOLVED:        (Smyth/Morrison)

That the minutes of the Ordinary Council Meeting of 11 September 2014  be confirmed.

DELEGATIONS

Resolved:          (Flack/Smyth)

That the following delegations be heard:

9.7          DA2001/096 Modification of existing Extractive Industry consent - Lot 100, 101 & 104  DP 1118337, 491 Valla Rd Valla 

i)   Mr Peter Sobey—Objector

ii)  Ms Susan Jenvey—Objector

iii)  Mr Clayton Hill and Mr Ross Smith - Groundwork Plus - available to answer questions

9.10   Macksville Senior Citizens Centre - Handover of Day to Day Operations to Council Staff

     i)    Mrs Kay Donnelly – available to answer questions

11.2       Request for donation of seat shelters for the unofficial rest area on Link Road     Nambucca Heads by the Lions Club of Nambucca Heads

i)   Mr Don Parveez - on behalf of Lions Club of Nambucca Heads

The Mayor left the meeting 5.37 pm.  The Deputy Mayor, Cr Ainsworth, took the Chair for the duration of this Item.  The Mayor returned to the Chair after the conclusion of this item at 6.16 pm.

Mr Sobey addressed Council making the following points:

• Extraction limit has been exceeded
• The Quarry will need to shut down for 2 months
• Residents are still objecting
• Noise is the main concern
• Truck traffic is also of concern on the narrow Valla Road
• Lowering speed limit was requested but rejected by Traffic Committee
• Residents do not want conditions changed
• Appreciate less activity on Saturday mornings
• Prefer email notification within one hour of blasting
• There is no need to make increase in extraction permanent
• There needs to be better oversight of compliance
• Council to ask for Quarry Solution to comply with consent conditions.

Mrs Susan Jenvey addressed Council making the following comments:

• Does not hold much hope of Council’s decision tonight being different from past meetings
• Valla Quarry should not have been considered as a business from the onset
• Council is not taking into account what has and is being lost
• The Quarry had destroyed a rural paradise
• Do not want extra extraction rate – over approval
• Blanket approval unacceptable to residents
• Council is wilfully blind to what affect it has on other industries
• There are no tourist uses in Valla, no fish left in Nambucca River
• Rural ugliness and destruction of attributes
• Appreciate Councillors Flack, Smyth and Ballangarry’s support in the past
• Amalgamation of councils will mean Quarry Solutions is taken to court

Mr Hill and Mr Smith addressed Council making the following points:

• Review blasting notification clause
• Endeavouring to provide effective communication with surrounding residents
• Allows various means of communication to include email, letterbox drops, phone
• Have reviewed business paper and concerns expressed
• Conditions are many and onerous
• Code of conduct implemented for truck drivers – any breach taken seriously
• Limiting to 5 year period – is not consistent with definition that development is “substantially the same”
• Applying time limit provides uncertainty to fulfilling requirements of customers

ITEM 9.7      DA2001/096        250914      DA2001/096 Modification of existing Extractive Industry consent - Lot 100, 101 & 104 DP 1118337, 491 Valla Rd Valla 

454/14 RESOLVED:        (Flack/Finlayson)

1        That the 12 month review aspect of condition 12 be removed and that council issue a time limited consent for the annual extraction of 79,500 cubic metres (in situ) per annum for a period of five years after which the consent reverts to the original extraction rate of 50,000 m3 (in situ) per annum.

2        That except in circumstances where urgent blasting is required for reasons of safety only, notification, advising two days prior to any blasting being undertaken on the site, shall be made to Council and the occupiers of properties within a 2km radius of the site by means acceptable to the occupiers, being telephone, e-mail or letter. Notification procedures are to be specified in the EM&RP. In the event that urgent blasting takes place for safety reasons the applicant shall notify the Council in writing of the reasons for such blasting and its nature, within 24 hours of the blasting occurring.

For the motion:       Councillors  Morrison, Ballangarry, Flack, Smyth, Finlayson, Ainsworth, MacDonald and South                (Total 8).

Against the motion: - Nil

DELEGATONS continued.

ITEM 9.10    SF318                250914      Macksville Senior Citizens Centre - Handover of Day to Day Operations to Council Staff

455/14 RESOLVED:        (Ainsworth/Finlayson)

1        That Council advise the Macksville & District Senior Citizens Club Inc. that it will assume responsibility for the day to day management of the Macksville Senior Citizens Centre and acknowledge that the Club’s usage of the facility will have a higher priority over any other users.  Further that Council accept the usage arrangements nominated by the Club in their letter of 25 August 2014 including that they not be subject to hire fees nor charges for electricity or the like.

2        That Council formally extinguish the Section 355 Committee of Management for the    Macksville Senior Citizens Centre.

3        That Council thank the Macksville Senior Citizens Club for their years of service in operating the Macksville Senior Citizens Centre.

DELEGATIONS continued

Mr Don Parveez addressed Council making the following comments:

· He is a member of Lions of Nambucca Heads

· The Lions Club paid for concrete slabs on which seats are placed at the rest area

· Lions endeavour to continue beautification of Nambucca Heads eg installation and maintenance of barbeques, maintenance of flower beds, shelter at lookouts, concrete paths, tables and chairs at Vee Wall beach etc

· The Link Road is considered a focal point for the town and they have improved and maintained the site

· Two shelters in Council’s depot, Lions will install if Council deliver

· Cost of shelters are $5000 each

· Council advised shelters should be uniform, but Lions question why as this is not current practice around the Shire

· This entrance to Nambucca Heads is considered the worst entrance to any town in Valley…wish to make it a better place to visit.

ITEM 11.2    SF952                250914      Request for Donation of Seat Shelters for the Unofficial Rest Area on Link Road Nambucca Heads by the Lions Club of Nambucca Heads

Motion:      (Flack/Smyth)

That Council not accede to the request to supply seat shelters based on Council not having funds allocated for the unofficial rest area and that Council prepare a plan of management for this parcel of land.

Amendment: (Ainsworth/Smyth)

That this matter be deferred to allow an onsite inspection at the next Council meeting on 16 October 2014 and that the Chamber of Commerce, Nambucca Valley Tourism and the Lions Club of Nambucca Heads be invited to the inspection.

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

456/14 Resolved:        (Ainsworth/Smyth)

That this matter be deferred to allow an onsite inspection at the next Council meeting on 16 October 2014 and that the Chamber of Commerce and Nambucca Valley Tourism as well as the Lions Club of Nambucca Heads be invited to the inspection.

ITEM 9.1      SF830                250914      Election of Deputy Mayor 2014-2015

457/14 RESOLVED:        (Hoban/MacDonald)

1        That Cr Ainsworth be duly elected as Deputy Mayor for the term of office expiring in September 2015. 

2        That the Division of Local Government be advised of the outcome of the election and Council’s website be updated.

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 9.2      SF842                250914      Committees of Management - Facilities and Events

458/14 RESOLVED:        (Ainsworth/Smyth)

That Council note the roster for attendance at the Annual General Meetings for Section 355 Committees.

ITEM 9.3      SF355                250914      Tabling of Returns Disclosing Interests of Councillors and Designated Persons - September 2014

459/14 RESOLVED:        (MacDonald/Ainsworth)

That the returns disclosing interests of Councillors and designated persons, for the period ended 30 June 2014 be tabled.

ITEM 9.4      SF959                250914      Outstanding Actions and Reports

460/14 RESOLVED:        (Ainsworth/Finlayson)

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

ITEM 9.5      SF399                250914      Productivity Suggestions to Offset Loss of Financial Assistance Grants Funding

Motion:      (Ainsworth/MacDonald)

That Council adopt the recommendations in the report.

Amendment:       (Flack/Smyth)

That Council adopt the recommendations in the report with the exception that comments in suggestion I be noted and that particular recommendation not be adopted.

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

MOTION:      (Flack/Smyth)

That Council adopt the recommendations in the report with the exception that comments in suggestion I be noted and that particular recommendation not be adopted.

Further Amendment: (MacDonald/Morrison)

That Council adopt the recommendations in the report with the exception that comments in suggestion I be noted and that particular recommendation not be adopted and that in relation to suggestion F that Council express a desire to reduce the number of Councillors from 9 to 7 without a referendum and further, that Council delete “high use” in suggestion 26.  

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

Motion: (MacDonald/Morrison)

That Council adopt the recommendations in the report with the exception that comments in suggestion I be noted and that particular recommendation not be adopted and that in relation to suggestion F that Council express a desire to reduce the number of Councillors from 9 to 7 without a referendum and further, that Council delete “high use” in suggestion 26.

Further Amendment: (Hoban/Ainsworth)

That Council adopt the recommendations in the report with the exception that comments in suggestion I be noted and that particular recommendation not be adopted and that in relation to suggestion F; that pending the outcome of the Fit for the Future process Council consider reducing the number of Councillors from 9 to 7 via a referendum; and further, that Council delete “high use” in suggestion 26.  

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

460/14 Resolved:        (Hoban/Ainsworth)

That Council adopt the recommendations in the report with the exception that comments in suggestion I be noted and that particular recommendation not be adopted and that in relation to suggestion F; that pending the outcome of the Fit for the Future process Council consider reducing the number of Councillors from 9 to 7 via a referendum; and further, that Council delete “high use” in suggestion 26.

ITEM 9.6      SF894                250914      "Fit for the Future" Reforms

461/14 RESOLVED:        (Finlayson/MacDonald)

That Council note the information concerning the NSW Government’s “Fit for the Future” reforms.

Item 9.7 was dealt with under Delegations.

ITEM 9.8      SF1947              250914      Outstanding DA's greater than 12 months, applications where submissions received not determined from 3 September to 17 September 2014

462/14 RESOLVED:        (Flack/Smyth)

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

ITEM 9.9      SF1855              250914      Macksville Streetscape Revitalisation - update

463/14 RESOLVED:        (MacDonald/Finlayson)

Council note the progress of the Macksville Streetscape Revitalisation and information provided in this report.

Item 9.10 was dealt with under Delegations.

Cr MacDonald left the meeting for this item at 7.22 pm and returned after the conclusion of this item at 7.28 pm.

ITEM 9.11    SF1239              250914      Transfer of the Eungai Pre-School to the Nambucca Valley Children's Group

464/14 RESOLVED:        (Ainsworth/Morrison)

1        That Council agree to sell the Eungai Pre-School to the Nambucca Valley Children’s Group for $1.00 plus reasonable compensation for the installation of a disabled access.

2        That Council’s seal be attached to contracts and agreements as required and that the General Manager be provided with delegated authority to determine the reasonable compensation for the provision of disabled access to the Pre-School.

3        That Council meet all legal and transfer costs associated with the sale of the property except any legal and associated costs incurred by the Nambucca Valley Children’s Group.

General Manager Report – LATE

ITEM 9.12    DA2001/096        250914      Further Submissions - DA2001/096 Modification of existing Extractive Industry consent - Lot 100, 101 & 104 DP 1118337, 491 Valla Rd Valla 

465/14 RESOLVED:        (Flack/Morrison)

That Council note the further submissions were considered at Item 9.7.

General Manager Report – LATE

ITEM 9.13    SF894                250914      "Fit for the Future Reforms" - Proposed Pilot North Coast Joint Organisation

466/14 RESOLVED:        (Ainsworth/Finlayson)

That Council agree to participate in a pilot North Coast Joint Organisation and note its preference for the pilot Joint Organisation to have as its priority the improvement of the financial sustainability of its constituent councils.

Assistant General Manager Corporate Services Report

ITEM 10.1    SF1874              250914      Financial Report – Statement By Councillors And Management – 30 June 2014

Motion:      (MacDonald/Finlayson)

1        That the Mayor, one other Councillor, the General Manager and Responsible Accounting Officer be authorised to sign the Statement on the General Purpose Financial Reports by Councillors and Management made pursuant to Section 413(2) (C) of the Local Government Act.

2        That the Mayor, one other Councillor, the General Manager and Responsible Accounting Officer be authorised to sign the Statement on the Special Purpose Financial Reports by Councillors and Management made pursuant to the Local Government Code of Accounting Practice and Financial Reporting.

Amendment: (MacDonald/Smyth)

1        That the Mayor, the Deputy Mayor, the General Manager and Responsible Accounting Officer be authorised to sign the Statement on the General Purpose Financial Reports by Councillors and Management made pursuant to Section 413(2) (C) of the Local Government Act.

2        That the Mayor, the Deputy Mayor, the General Manager and Responsible Accounting Officer be authorised to sign the Statement on the Special Purpose Financial Reports by Councillors and Management made pursuant to the Local Government Code of Accounting Practice and Financial Reporting.

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

467/14 Resolved:        (MacDonald/Smyth)

1        That the Mayor, the Deputy Mayor, the General Manager and Responsible Accounting Officer be authorised to sign the Statement on the General Purpose Financial Reports by Councillors and Management made pursuant to Section 413(2) (C) of the Local Government Act.

2        That the Mayor, the Deputy Mayor, the General Manager and Responsible Accounting Officer be authorised to sign the Statement on the Special Purpose Financial Reports by Councillors and Management made pursuant to the Local Government Code of Accounting Practice and Financial Reporting.

ITEM 10.2    SF1874              250914      Financial Report – Primary Financial Statements – 30 June 2014

468/14 RESOLVED:        (South/Ainsworth)

That Council notes the information.

ITEM 10.3    SF251                250914      Schedule of Council Public Meetings

469/14 RESOLVED:        (Smyth/MacDonald)

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

ITEM 10.4    SF339                250914      Unkya Reserve Committee of Management - Minutes of Annual General Meeting - 6 August 2014

470/14 RESOLVED:        (South/Finlayson)

That Council endorse the Minutes of the Committee of Management for the Unkya Reserve’s Annual General Meeting held on 6 August 2014 and thank the outgoing Committee for their work during the past twelve months.

ITEM 10.5    SF344                250914      Warrell Creek Hall Committee of Management AGM -3 September 2014 - Minutes

471/14 RESOLVED:        (MacDonald/Morrison)

That Council endorse the Minutes of the Committee of Management for the Warrell Creek Hall’s Annual General Meeting held on 3 September 2014 and thank the outgoing Committee for their work in the past twelve months.

Assistant General Manager Engineering Services Report

ITEM 11.1    SF84                  250914      NSW Rural Fire Service Information Forum at Coffs Harbour  - Tuesday 26 August 2014

472/14 RESOLVED:        (Smyth/Ainsworth)

That Council receive and note the report.

Item 11.2 was dealt with under Delegations.

ITEM 11.3    SF1031              250914      Adoption of amended Asset Management Policy and new Bridges Service Level Policy

473/14 RESOLVED:        (Ainsworth/South)

1        That Council adopt the amended Asset Management Policy (TRIM 27571/2010).

2        That Council adopt the new Bridges Service Level Policy (TRIM 13327/2014).

ITEM 11.4    SF844                250914      Nambucca District Water Supply Steering Committtee Meeting - 3 September 2014

474/14 RESOLVED:        (South/Morrison)

1        That Council receive and note the minutes of the record of discussion held on 3 September 2014 in lieu of the formal Steering Committee Meeting.

2        That Council leave the transformer and consumer mains at their current sizing.

3        That Council write to GHD requesting them to undertake discussions with Essential Energy to demonstrate that the transformer size is adequate and a Council waiver is not required and if this cannot be agreed provide written confirmation that they will meet the cost of upgrading the transformer and consumer mains in the future if required.

4        That Council sign the Essential Energy waiver if the adequacy of the transformer is not agreed and GHD have provided the written confirmation above.

ITEM 11.5    SF565                250914      Application for Road Closure - Dedication Macksville War Memorial - 1 November 2014

475/14 RESOLVED:        (Morrison/MacDonald)

1        That Council approve a request from the Returned Services League of Macksville to conduct a march in dedication to the Macksville War Memorial, noting to the following has been received:

    Certificate of Currency for Public Liability Insurance

    Traffic Management Plan confirming Accredited Traffic Controllers will be on site, and

    Police and Roads and Maritime Services approval for the road closures.

    Road Occupancy License for the Pacific Highway closure

2        That Council endorse the road closures for the Dedication of Macksville War Memorial  march to be held 1115 to 1145 hours on 1 November 2014, as follows:

          Princess Street – from Winifred Street to Wallace Street

          Wallace Street – from Princess Street to Cooper Street

          Pacific Highway – from Wallace Street to River Street

          River Street – from Pacific Highway to Wallace Lane

          River Street and Princess Street – Wallace Lane to McKay Street only (1120 – 1230 hours)

3        That Council advertise the road closures seven (7) days prior to the March.

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

Resolved:          (Ainsworth/Ballangarry)

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 above.

Reason reports are in Closed Meeting:

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF399                250914      Productivity Suggestions - Organisation Structure

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) (d) of the Local Government Act, 1993, on the grounds that the report contains personnel matters concerning particular individuals; AND the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF595                250914      Reconstruction failed stormwater drainage line in McNeill Close Macksville

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.

For Confidential Business Paper in Closed Meeting

ITEM 12.3    SF1931              250914      DA2001/095 Modification of existing Extractive Industry consent - CONFIDENTIAL ATTACHMENTS 491 Valla Rd Valla 

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) (e) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, prejudice the maintenance of law.

For Confidential Business Paper in Closed Meeting

ITEM 12.4    SF1931              250914      Further Submissions - DA2001/096 Modification of existing Extractive Industry consent - CONFIDENTIAL ATTACHMENTS 491 Valla Rd Valla 

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) (e) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, prejudice the maintenance of law.

CLOSED MEETING

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 8.02 pm.

RESUME IN OPEN MEETING

Resolved:          (South/MacDonald)

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 8.10 pm.

FROM COUNCIL IN CLOSED MEETING

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF399                250914      Productivity Suggestions - Organisation Structure

476/14 RESOLVED:        (Ainsworth/Finlayson)

1        Council review the vacant position of Information and Communications Technology Officer (Electronic Engagement) in 6 months’ time.

2        That Council remove the vacant position of Plant Operator (Roller) from its organisation structure.

3        There be a further report on the option of reducing staffing levels in the outdoor workforce.

4        That Council sell its Caterpillar 12G grader by public auction with the funds generated by the sale of the grader to be used to acquire a “slip on” water tank for grading work with the surplus to be applied to the plant reserve for the eventual acquisition of a roller. 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF595                250914      Reconstruction failed stormwater drainage line in McNeill Close Macksville

477/14 RESOLVED:        (Finlayson/Ainsworth)

1        That Council vote an amount of $66,000.00 from working funds for unplanned works to reconstruct the stormwater drainage line between 5 and 7 McNeill Close Macksville.

2        That Council note that there is a potential claim for damages to 5 McNeill Close, Macksville the matter has been referred to Council’s insurers to consider having an independent structural engineering assessment of the dwelling at 5 McNeill Close Macksville.

For Confidential Business Paper in Closed Meeting

ITEM 12.3    SF1931              250914      DA2001/095 Modification of existing Extractive Industry consent - CONFIDENTIAL ATTACHMENTS 491 Valla Rd Valla 

478/14 RESOLVED:        (Morrison/Ainsworth)

That Council note the confidential submissions were considered at Item 9.7

For Confidential Business Paper in Closed Meeting

ITEM 12.4    SF1931              250914      Further Submissions - DA2001/096 Modification of existing Extractive Industry consent - CONFIDENTIAL ATTACHMENTS 491 Valla Rd Valla 

479/14 Resolved:        (Morrison/MacDonald)

That Council note the confidential attachments.

CLOSURE

There being no further business the Mayor then closed the meeting the time being 8.11 pm. 

Confirmed and signed by the Mayor on 16 October 2014.

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)