Cr Rhonda Hoban (Mayor) |
Cr Brian Finlayson (Arrived 5.42pm) |
Cr Susan Jenvey |
Cr David Jones |
Cr Janine Reed |
Cr Anne Smyth |
Cr John Wilson |
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ALSO PRESENT
Michael Coulter (General Manager) |
Robert Hunt (AGM Corporate Services) |
Paul Gallagher (AGM Engineering Services) |
Lorraine Hemsworth (Minute Secretary) |
APOLOGIES
Cr Martin Ballangarry OAM (Deputy Mayor) |
Cr John Ainsworth |
PRAYER
Reverend Clyde Appleby, Macksville Anglican Church, offered a prayer on behalf of the Nambucca Minister's Association.
DISCLOSURE OF INTEREST
Councillor Rhonda Hoban declared a non-pecuniary - less significant conflict of interest in Item 9.2 Transitioning Defence Force Veterans to the Nambucca Valley – Proposed Creation of a Section 355 Committee under the Local Government Act as Cr Hoban has a son serving in the Defence Force.
Councillor Anne Smyth declared a non-pecuniary - less significant conflict of interest in Item 9.3 Addition of 590 Hectares of State Forest to Gumbaynggirr National Park under the Local Government Act as Cr Smyth is a member of the Nambucca Valley Conservation Association whose advice was sought in relation to the environmental value of the announced addition of 590 hectares to the Gumbaynggirr National Park.
Councillor Janine Reed declared a pecuniary interest in Item 9.8 Development Applications and Complying Development Applications Received under the Local Government Act as Cr Reed is the elected Chairman of the Nambucca Valley Care Group who are the owners of the property for application DA2018/177. Cr Reed left the meeting for this item.
CONFIRMATION OF MINUTES - Ordinary Council Meeting
SUBJECT: CONFIRMATION OF MINUTES - Ordinary Council Meeting 30 August 2018 |
404/18 RESOLVED: (Wilson/Jenvey)
That the minutes of the Ordinary Council Meeting of 30 August 2018 be confirmed. |
Cr Finlayson arrived at the meeting at 5.42PM.
Cr Finlayson declared a significant conflict of interest and left the meeting prior to the commencement of this Item for the reason that he had previously provided legal services in relation to the matter.
Mayoral Minute – Court of Criminal Appeal – Bowraville Murders |
That Council note with disappointment that the Court of Criminal Appeal today ruled a man should not be retried for the murders of two children in Bowraville in the early 1990’s or tried for the first time over the murder of a third. That Council and the community support the families of Colleen, Evelyn and Clinton and pray that justice may still one day be served.
Amendment: (Jenvey/Smyth)
That Council note with disappointment that the Court of Criminal Appeal today ruled a man should not be retried for the murders of two children in Bowraville in the early 1990’s or tried for the first time over the murder of a third.
That Council and the community support the families of Colleen, Evelyn and Clinton and hope that justice may still one day be served.
The amendment was carried and became the motion.
405/18 Resolved: (Jenvey/Smyth)
That Council note with disappointment that the Court of Criminal Appeal today ruled a man should not be retried for the murders of two children in Bowraville in the early 1990’s or tried for the first time over the murder of a third.
That Council and the community support the families of Colleen, Evelyn and Clinton and hope that justice may still one day be served.
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Councillor Brian Finlayson returned to the meeting at the completion of this item, the time being 5.48 PM
RECOMMENDATION
That the following delegations be heard:
5.1 NOTICE OF MOTION - Review of Policy - Memorials on Council Controlled Land i Rod Edwards
9.2 Transitioning Defence Force Veterans to the Nambucca Valley - Proposed Creation of a Section 355 Committee
ii Mike Birtles
Mr Rod Edwards addressed Council with prepared notes being placed on File TRIM 33454/2018. |
NOTICE OF MOTION - CR Hoban
NOTICE OF MOTION - CR Hoban
ITEM 5.2 SF2433 130918 NOTICE OF MOTION - Request for Sign - John's Cutting Missabotti |
That Council advise the Missabotti Community Centre Committee of Management that although Council recognises the contribution of the Johns family to the Missabotti community as evidenced by the naming of Johns Bridge further naming of the road cutting does not meet Council’s current policy.
Amendment: (Reed/Jenvey)
That in recognition of the historic reference to John’s Cutting as can be evidenced in the Nambucca Bellinger News since 1925, Council apply to the Geographical Names Board to officially name the cutting on Missabotti Road, “Johns Cutting” and that the Missabotti Community Centre Committee of Management be advised on the action.
The amendment was carried and became the motion.
407/18 Resolved: (Reed/Jenvey)
That in recognition of the historic reference to John’s Cutting as can be evidenced in the Nambucca Bellinger News since 1925, Council apply to the Geographical Names Board to officially name the cutting on Missabotti Road, “Johns Cutting” and that the Missabotti Community Centre Committee of Management be advised on the action.
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NOTICE OF MOTION - CR Wilson
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.
9.2 Mr Mike Birtles - Transitioning Defence Force Veterans to the Nambucca Valley - Proposed Creation of a Section 355 Committee
Mr Birtles addressed Council with prepared notes being placed on File.
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General Manager Report
410/18 RESOLVED: (Reed/Wilson)
That the list of outstanding actions and reports be noted and received for information by Council.
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Item 9.2 was dealt with under Delegations
Councillor Janine Reed left the meeting before the commencement of this item, the time being 6:25 PM
Councillor Janine Reed returned to the meeting at the completion of this item, the time being 6:28 PM
General Manager Report - LATE
Assistant General Manager Corporate Services Report
ITEM 10.3 SF827 130918 Commonwealth Financial Assistance Grant |
421/18 RESOLVED: (Reed/Finlayson)
That Council receive and note the Report.
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ITEM 10.4 SF1755 130918 Customer Service Charter and Engagement Strategy |
422/18 RESOLVED: (Reed/Wilson)
That the Customer Service Charter and Communication and Stakeholder Engagement Strategy be adopted.
423/18 Resolved: (Smyth/Jenvey)
That the next quarterly waste report contain information on the MyBin App including its cost to Council. |
General Manager Report
For Confidential Business Paper in Closed Meeting
ITEM 11.1 SF1549 130918 Incidents Pertaining to Regulatory Non-Compliance, Fines, Penalties, Prosecutions, Potential Major Claims or Loss of Reputation
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 11.2 SF1437 130918 Stuart Island - Renewal of Lease to Golf Club
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) (c) (d) (g) (h) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; 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; AND 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; AND the report contains information concerning the nature and location of a place or an item of Aboriginal significance on community land.
For Confidential Business Paper in Closed Meeting
ITEM 11.3 SF1503 130918 Nambucca Valley Regional Sports Facilitation Program
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) of the Local Government Act, 1993, on the grounds that the report contains personnel matters concerning particular individuals.
CLOSED MEETING
The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.06pm.
427/18 RESOLVED: (Reed/Finlayson)
That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 7.15pm.
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FROM COUNCIL IN CLOSED MEETING
The Mayor then read the Confidential resolutions.
General Manager Report
For Confidential Business Paper in Closed Meeting
For Confidential Business Paper in Closed Meeting
For Confidential Business Paper in Closed Meeting
CLOSURE
There being no further business the Mayor then closed the meeting the time being 7.15pm.
Confirmed and signed by the Mayor on 27 September 2018.
Cr Rhonda Hoban
MAYOR
(CHAIRPERSON)