PRESENT

Cr Rhonda Hoban (Mayor)	Cr Martin Ballangarry OAM
Cr Brian Finlayson	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)

APOLOGIES

Cr John Ainsworth (Deputy Mayor) and Cr Paula Flack

PRAYER

Rev Jilleen Chambers from the Macksville Anglican 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 9.9 Outstanding DA's greater than 12 months, applications where submissions received not determined from 18 June 2015 to 8 July 2015  under the Local Government Act as Cr Hoban has a family member who has been employed by the applicant and has a reasonable expectation of future casual employment with the applicant.  Cr Hoban left the meeting for this item.

General Manager, Michael Coulter, declared a non-pecuniary significant conflict of interest in Item 9.9 Outstanding DA's greater than 12 months, applications where submissions received not determined from 18 June 2015 to 8 July 2015 under the Local Government Act as Mr Coulter states that DA2015/066 involves a person who is in his surf lifesaving patrol at Macksville-Scotts Head SLSC and with whom he competes with in surf boat rowing.

CONFIRMATION OF MINUTES - Ordinary Council Meeting 25 June 2015

913/15 RESOLVED:        (MacDonald/Smyth)

That the minutes of the Ordinary Council Meeting of 25 June 2015 be confirmed.

NOTICE OF MOTION - CR Hoban

ITEM 5.1      SF2049              160715      Notice Of Motion - Proposed Motions For Submission To LGNSW Annual Conference Business Paper (SF45)

914/15 Motion:    (South/Smyth)

1        That LGNSW request that when the Department of Primary Industries is considering any change to legislation, or any action that impacts on either commercial or recreational fishing on a river system that the Councils adjoining that river be notified and consulted.

Amendment:       (Morrison/Ballangarry)

That this recommendation be deferred until the next Council meeting so that Cr Morrison may provide two paragraphs of background information to be submitted with the motion.

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

915/15 Resolved:        (Morrison/Ballangarry)

1        That this recommendation be deferred until the next Council meeting so that Cr Morrison may provide two paragraphs of background information to be submitted with the motion.

916/15 Resolved:        (Finlayson/South)

2        That LGNSW lobby the State Government to expedite determination of the numerous outstanding Aboriginal Land Claims across the State of NSW.

Note:  Cr Ballangarry requested his vote be recorded against this resolution.

917/15 Resolved:        (MacDonald/Smyth)

3        That LGNSW seek the reinstatement of the claimable expense pertaining to the use of council staff during their normal working hours to attend to natural disaster relief and recovery funded works.

918/15 Resolved:        (MacDonald/Ballangarry)

4        That LGNSW lobby the State Government to finalise new funding arrangements for the SES, RFS and Fire Brigades via a property levy.

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                160715      Outstanding Actions and Reports

919/15 RESOLVED:        (Smyth/MacDonald)

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

ITEM 9.2      SF979                160715      Notice of Withdrawal from the Mid North Coast Regional Organisation of Councils (MIDROC)

920/15 RESOLVED:        (Smyth/Finlayson)

That Council agree to the dissolution of the Mid North Coast Regional Organisation of Councils (MIDROC) but in the event that dissolution is not agreed or not forthcoming within a reasonable period, that Council provide 12 months’ notice to MIDROC of its withdrawal for the reason that the Government’s proposed Joint Organisations will be operative by September 2016 and perform a similar function to MIDROC.

ITEM 9.3      SF2133              160715      Nambucca Shire Council - A R Bluett Award Nomination 2015

921/15 RESOLVED:        (MacDonald/South)

1        That Council note the proposed nomination for the 2015 Bluett Award.

2        That Council adopt a budget of $8,000 for the preparation and lodgement of the entry to the 2015 Bluett Award.

ITEM 9.4      DA2015/070        160715      Bowraville Memorial - Donation of Application Fees

922/15 RESOLVED:        (MacDonald/Smyth)

That Council provide the $816.90 in application fees for the Bowraville Memorial proposed in DA2015/070 via its 2015/2016 donations budget.

ITEM 9.5      SF1199              160715      Local Government NSW - Membership Subscription

923/15 RESOLVED:        (MacDonald/Smyth)

That Council pay the tax invoice for LGNSW membership for 2015/2016 and thank LGNSW for its response to Council’s questions.

ITEM 9.6      SF265                160715      Policy Review - Companion Animals

924/15 RESOLVED:        (MacDonald/Smyth)

That Councillors provide any comments on the draft policy within 14 days, after which it will be placed on public exhibition (if no comments are received) or reported back to Council prior to exhibition (if comments are received).

ITEM 9.7      SF2037              160715      Minutes of the Nambucca Shire Council Access Committee Meeting Held 26 May 2015

925/15 RESOLVED:        (Smyth/South)

That Council note the Committee’s ongoing discussions regarding issues to be considered in developing the Disability Inclusion Action Plan and that the minutes of the Nambucca Shire Council Access Committee meeting be endorsed.

ITEM 9.8      SF2037              160715      Minutes of the Nambucca Shire Council Access Committee meeting held 23 June 2015

926/15 RESOLVED:        (Smyth/Finlayson)

That Council note the Committee’s ongoing discussions regarding issues to be considered in developing the Disability Inclusion Action Plan and that the minutes of the Nambucca Shire Council Access Committee meeting held 23 June 2015 be endorsed.

927/15 Resolved:        (Smyth/South)

That Cr Finlayson take the Chair for Item 9.9.

The Mayor and the General Manager left the meeting for this Item at 6.35 pm and returned after the conclusion of the item at 6.36 pm when the Mayor resumed the Chair.

ITEM 9.9      SF2038              160715      Outstanding DA's greater than 12 months, applications where submissions received not determined from 18 June 2015 to 8 July 2015

928/15 RESOLVED:        (Morrison/MacDonald)

That the information be noted by Council.

ITEM 9.10    SF1148              160715      Council Ranger's Report June 2015

929/15 RESOLVED:        (Smyth/Finlayson)

That Council’s Ranger’s report for June 2015 be received and noted by Council.

ITEM 9.11    SF2038              160715      2015 June - Development and Complying Development Applications Received

930/15 RESOLVED:        (Finlayson/MacDonald)

That the Development Applications and Complying Development Applications received in June 2015 be received for information.

ITEM 9.12    SF2038              160715      2015 June - Construction And Complying Development Certificates Approved

931/15 RESOLVED:        (Finlayson/MacDonald)

That the Construction and Complying Development Certificates approved for June 2015 be noted and received for information by Council.

Assistant General Manager Corporate Services Report

ITEM 10.1    SF1120              160715      Grant Application Status Report

932/15 RESOLVED:        (Finlayson/MacDonald)

That the list of grant applications and their status to 30 June 2015 be received.

ITEM 10.2    SF25                  160715      Donations Program (Section 356) 2015/2016 -
Late 2015/2016 application and two requests for donations

933/15 RESOLVED:        (MacDonald/Finlayson)

That Council approves:

1        An amount of $1200 to Scotts Head Sports Field Committee of Management.

2        An amount of $388.03 (additional to the $1800 already approved) to the Nambucca Valley Garden Club.

3        An amount of $200 to Bowraville Central School.

ITEM 10.3    SF544                160715      Developer Contributions Plan Review: Adoption of Final Community Facilities and Public Open Space Plan

934/15 RESOLVED:        (Finlayson/Ballangarry)

That Council adopt the Final Community Facilities and Public Open Space Developer Contributions Plan and it becomes effective from 23 July 2015 following public notification in the Guardian News on that day.

For the motion:      Cr Hoban, South, MacDonald, Finlayson, Smyth, Ballangarry and Morrison (Total 7)

Against the motion:         Nil

ITEM 10.4    SF251                160715      Schedule of Council Public Meetings

935/15 RESOLVED:        (MacDonald/Smyth)

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

ITEM 10.5    SF332                160715      Scotts Head Tennis Club Committee of Management - Minutes of the Annual General Meeting - 12 June 2015

936/15 RESOLVED:        (MacDonald/Finlayson)

That Council endorse the Scotts Head Tennis Club Committee of Management’s minutes of the Annual General Meeting held on 12 June 2015 and thank the outgoing Committee for their work in the past twelve months.

ITEM 10.6    SF339                160715      Unkya Reserve Committee of Management - Minutes of Annual General Meeting - 6 August 2014

937/15 RESOLVED:        (Finlayson/Smyth)

That Council endorse the Minutes of the Committee of Management for the Unkya Reserve’s Annual General Meeting held on 1 July 2015 and thank the outgoing Committee for their work during the past twelve months.

ITEM 10.7    SF1991              160715      Investment Report to 30 June 2015

938/15 RESOLVED:        (Smyth/MacDonald)

That the Accountants’ Report on Investments placed to 30 June 2015 be noted.

Assistant General Manager Engineering Services Report

ITEM 11.1    SF98                  160715      Naming the Old Pacific Highway

939/15 RESOLVED:        (Finlayson/Smyth)

That Council proceed with an application to the Geographic Names Board of NSW to adopt and Gazette the name Giinagay Way for the existing Pacific Highway alignment that will be bypassed by Warrell Creek to Urunga Realignment projects.

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

940/15 RESOLVED:        (South/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 below.

Reason reports are in Closed Meeting:

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF1686              160715      Write off of Debtor Account Balances

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 6.50 pm.

RESUME IN OPEN MEETING

RECOMMENDATION:

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 6.56 pm.

FROM COUNCIL IN CLOSED MEETING

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF1686              160715      Write off of Debtor Account Balances

941/15 RESOLVED:        (Finlayson/MacDonald)

That Council write off the debtor account balances as listed in the attachment to the report.

CLOSURE

There being no further business the Mayor then closed the meeting the time being 7.00 pm. 

Confirmed and signed by the Mayor on 30 July 2015.

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)