The following document is the minutes of the Council meeting held on 16 January 2013. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 31 January 2013 and therefore subject to change. Please refer to the minutes of 31 January 2016 for confirmation.

 

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)

Greg Meyers (AGM Corporate & Community Services)

Paul Gallagher (AGM Engineering Services)

 

 

 

PRAYER

 

Pastor Robbie Ventham, C3 Church, offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor Smyth declared a non-pecuniary less significant conflict of interest in Item 9.10 Draft Flying Fox Plan of Management, Grassy Park, Bowraville as Cr Smyth’s sister-in-law works for Nambucca Valley Landcare, one of the organisations who have assisted Council in the development of the Plan of Management and there may be a perception by some members of the community that this relationship may influence her decision.

 

Councillor Smyth declared a non-pecuniary less significant conflict of interest in Item 12.3 Nambucca Heads Senior Citizens Centre – Negotiations with U3A as Cr Smyth is a member of U3A.

 

Deputy Mayor, Councillor Ainsworth declared a non-pecuniary significant conflict of interest in Item L2 Gumma (Boulton’s Crossing) Reserve – Stakeholder Meeting as he is a board member (Board of Management Gaagal Wanggaan National Park).  Councillor Ainsworth left the meeting for this item.

 

Councillor MacDonald declared a non-pecuniary less significant conflict of interest in Item 9.14 Request to Acquire a Small Section of Gordon Park, Nambucca Heads as she has previously (briefly) worked with Clint Leckie at Nambucca Shire Council.

 

Councillor Morrison declared a non-pecuniary less significant conflict of interest in Item 12.4 Nambucca Heads Senior Citizens Centre – Negotiations with U3A as Cr Morrison is a member of U3A.

 

 


CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:  CONFIRMATION OF MINUTES - Ordinary Council Meeting 12 December 2012

1/13 Resolved: (Smyth/Flack)

 

That the minutes of the Ordinary Council Meeting of 12 December 2012 be confirmed.

 

 

8.36 am The meeting adjourned for inspection at Sandpiper Drive, Scotts Head and returned to the Council Chambers at 9.40 am.

 

ITEM 9.12   SF643                160113     Sandpiper Drive, Scotts Head - Restriction on Access

2/13 MOTION:      (Flack/Finlayson)

 

That Council consult with property owners in Sandpiper Drive, in the narrow section and east as to whether they are supportive of the installation of “No Parking” restrictions on the northern side of the street between the 2 cul de sac heads and that there be a further report to Council on the outcome of that consultation.

 

 

Amendment:      (Ainsworth/Morrison)

 

That there be consultation on 3 options as per:

 

1          The installation of “No Parking” restrictions on the northern side of the street between the 2 cul de sac heads.

 

2          No parking whatsoever on either side of the Street.

 

3          That there be a no parking zone opposite 36A and the eastern adjoining neighbour.

 

The amendment was carried and became the motion was:

 

 

3/13 Resolved: (Ainsworth/Morrison)

 

That there be consultation on 3 options as per:

 

1          The installation of “No Parking” restrictions on the northern side of the street between the 2 cul de sac heads.

 

2          No parking whatsoever on either side of the Street.

 

3          That there be a no parking zone opposite 36A and the eastern adjoining neighbour.

 

4/13 Resolved: (Flack/Smyth)

 

That there be a brief report to Council on how the ability to resubdivide lots without addressing the potential for street parking and egress issues can be avoided in the future.

 


 

DELEGATIONS

5/13 Resolved: (Ainsworth/Morrison)

 

That the following delegations be heard:

 

i)             Di Glennon (Objector) - Grassy Park - Flying Fox Plan of Management

 

·              Congratulated Council on effort at Grassy Park

·              Hopes maintenance of Park continues

·             Not advised of other meetings concerning PoM. Only attended one meeting

·             Ill-conceived plans have been prepared by other organisations

·             Regional Flying Fox program from “Our Living Coast”

·             Bowraville and Macksville flying fox camps received $30,000. Previously advised that Bowraville had received $40,000

·             Flying fox camp in Bowraville first occurred in 1996 at Broughy’s Bridge

·             Flying fox returned to Grassy Park in 1999

·             Understand ecological value of Flying Fox but need to be moved out of residential areas to National Parks and other places where they belong

·             How much has the project cost?  Different costings quoted

·              How much money has been spent on this disaster?

·              Is maintenance being done by Council or voluntary labour?

·              If Council adopts plan the flying fox nuisance should be advised on S149 certificates

·              Residents should have right not to have flying fox PoM inflicted on them

·              Grassy Park became a weed jungle because it wasn’t maintained by Council

·              Council needs to continue to maintain park by mowing

·              Restore Park as a community amenity and remove flying fox

·              No more flying fox PoM for Bowraville or the Nambucca Valley

 

 

 

ITEM 9.10   SF430                160113     Grassy Park - Flying Fox Plan of Management

Motion:    (Flack/Smyth)

 

That the Grassy Park Flying Fox Plan of Management be endorsed.

 

A Division was called (Flack/Smyth) on the motion:

 

For the motion:               Flack, Smyth, Ballangarry, South

Against the motion:         Morrison, Finlayson, Ainsworth, MacDonald, Hoban

 

The motion was Lost.

 

 

6/13 Resolved: (Hoban/Morrison)

 

That given the work that has been done and the clearing that has been done that at the next budget Council try to allocate funds to maintain the work which has been done to date in Grassy Park.

 

 

 


DELEGATIONS Continued

 

ii)           Kelli Leckie (Applicant) - Request to Acquire a Small Section of Gordon Park, Nambucca Heads

 

·            A plan showing new area was distributed to councillors

·            New area does not include large trees

·            Bert from Crown Lands has advised that they have a statutory requirement to advertise proposed acquisition.  Accordingly doesn’t support third option in business paper.

·            Seeks Council’s support for first option.

 

ITEM 9.14   SF734                160113     Request to Acquire a Small Section of Gordon Park, Nambucca Heads

Motion:    (Flack/Smyth)

 

That Council not support the revised application to acquire a small section of Gordon Park.

 

A Division was called (Flack/Smyth) on the motion:

 

For the motion:               Flack, Smyth, Ballangarry

Against the motion:         Morrison, Finlayson, Ainsworth, MacDonald, South, Hoban

 

The motion was Lost.

 

 

MOTION:    (Ainsworth/Finlayson)

 

That Council support the revised application to acquire a small section of Gordon Park and advise the Crown Lands Division accordingly.

 

A Division was called (Flack/Smyth) on the motion:

 

For the motion:               Finlayson, Ainsworth, South

Against the motion:         Hoban, Morrison, Flack, Smyth, MacDonald

 

The motion was Lost.

 

 

7/13 Resolved: (South/MacDonald)

 

That Ms Leckie be allowed to comment on the Foreshadowed motion.

 

Ms Leckie made the following points:

 

·                  Understands that Crown Lands require support from Council before they proceed

·                  Need letter from Council advising they support proposal as trustee

·                  If not the Department of Lands advised they will not consider the application

 

Motion:    (Hoban/Morrison)

 

That Council advise the Crown Lands Office that it doesn’t generally support the sale of community land however Council does recognise there is a need to reconstruct the failing retaining wall and Council supports the Crown Lands Division advertising the application for public comment.

 

A Division was called (Flack/Smyth) on the motion:

 

For the motion:               Hoban, Morrison, MacDonald, South, Ainsworth Finlayson

Against the motion:         Flack, Smyth, Ballangarry

 

The motion was carried.

8/13 Resolved: (Hoban/Morrison)

 

That Council advise the Crown Lands Office that it doesn’t generally support the sale of community land however Council does recognise there is a need to reconstruct the failing retaining wall and Council supports the Crown Lands Division advertising the application for public comment.

 

 

 

NOTICE OF MOTION - CR Finlayson

ITEM 5.1     SF959                160113     Notice of Motion - Modification of Local Environmental Plans (LEP) for Rural Lands (SF1786)

9/13 RESOLVED: (Finlayson/Ainsworth)

 

That Council receive a report from the Planning Department responding to the questions and issues raised in the Notice of Motion on this item and identifying means of allowing easier and more certain identification of building entitlements attaching to rural land.

 

 

NOTICE OF MOTION - CR Finlayson

ITEM 5.2     SF1817              160113     Notice of Motion - Number of River Studies over last 25 Years (SF1496)

Motion:    (Finlayson/South)

 

That Council be provided with a history setting out:

 

a        The number and nature of reports (excluding those relating to the construction of the proposed dam) carried out in respect of the Nambucca River and riparian zones during the twenty five (25) year period ending 30 June 2012 which report were either commissioned by Council or into which Council had input either by direct financial contribution or staff time;

 

b        A brief statement as to the circumstances that triggered the preparation of the report;

 

c        A brief statement as to the use to which each report has been put (eg when the contents of each report were last referred to).

 

Amendment:      (Hoban/Morrison)

 

a        The number and nature of reports (excluding those relating to the construction of the proposed dam) carried out in respect of the Nambucca River and riparian zones during the twenty five (25) year period ending 30 June 2012 which report were either commissioned by Council or into which Council had input either by direct financial contribution or staff time;

 

b        A brief statement as to the circumstances that triggered the preparation of the report;

 

c        A brief statement as to the use to which each report has been put (eg when the contents of each report were last referred to) and any gaps in the information identified.

 

 

The amendment was carried and became the motion which was:

 

 

 

 

 

10/13 RESOLVED:         (Hoban/Morrison)

 

a        The number and nature of reports (excluding those relating to the construction of the proposed dam) carried out in respect of the Nambucca River and riparian zones during the twenty five (25) year period ending 30 June 2012 which report were either commissioned by Council or into which Council had input either by direct financial contribution or staff time;

 

b       A brief statement as to the circumstances that triggered the preparation of the report;

 

c        A brief statement as to the use to which each report has been put (eg when the contents of each report were last referred to) and any gaps in the information identified.

 

 

NOTICE OF MOTION - CR Finlayson

ITEM 5.3     RF275                160113     Notice of Motion - Development Applications Exceeding $1million (SF608)

11/13 RESOLVED:         (Finlayson/Ainsworth)

 

That upon receipt of any Development Application where the value or cost of the development will or is likely to exceed the sum of $1million, the Councillors are to be notified of the application.

 

 

NOTICE OF MOTION - CR Morrison

ITEM 5.4     SF1817              160113     Notice of Motion - Tree Removal (SF629)

Motion:    (Morrison/Ainsworth)

 

That if a member of the public requires that a tree be removed that the Assistant General Manager Engineering Services or his designated Staff member be authorised in future to review and remove trees within the Shire if required without a resolution by Council providing that such actions conform to one or more of the 6 D principles below.  The principles are:

 

Trees that are:

 

1        Dead

2        Dying

3        Diseased

4        Dangerous

5        Destructive

6        Disadvantageous

 

Amendment:      (Hoban/Ainsworth)

 

That Council review its tree removal policy and incorporate the suggestions contained in the Notice of Motion.

 

Amendment was carried and became the motion which was:

 

12/13 RESOLVED:         (Hoban/Ainsworth)

 

That Council review its tree removal policy and incorporate the suggestions contained in the Notice of Motion.

 


 

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     SF1120              160113     Outstanding Actions and Reports

13/13 ReSOLVED:         (Ainsworth/MacDonald)

 

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

 

 

ITEM 9.2     SF600                160113     Transfer of Ownership of the Nambucca Heads Senior Citizens Centre from Council to the Nambucca Senior Citizens Club Inc.

14/13 RESOLVED:         (Finlayson/Ainsworth)

 

1        That Council offer to transfer ownership of the Nambucca Senior Citizens Centre to the Nambucca Senior Citizens Club Inc. with Council meeting all legal costs and any stamp duty which may be applicable.  Further that the Club be requested to indicate its agreement or otherwise to this offer within 60 days.

 

2        That the Nambucca Senior Citizens Club Inc. be advised of the provisions of the Local Government Act 1993 in relation to exempting the property from the payment of rates.

 

3        In the event that the Nambucca Senior Citizens Club Inc. agree to the offer in Recommendation 1, that Council proceed with a planning proposal for the reclassification of the land from community to operational and undertake the required public notice and public hearing.

 

 


 

ITEM 9.3     RF275                160113     Bellingen-Bowraville Road

Motion:    (Finlayson/Ainsworth)

 

1        That Roads and Maritime Services be requested to further investigate the cost of the restoration of the southern section of the Bellingen-Bowraville Road based on the lower than anticipated tender price for the northern section restoration.

 

2        That Roads and Maritime Services be reminded that the Bellingen-Bowraville Road was a Regional Road up until 5 June 2009 and as such they bear some responsibility for funding the “betterment” arising out of the natural disasters in February and March 2009.

 

Amendment:      (Ainsworth/South)

 

1        That Roads and Maritime Services be requested to further investigate the cost of the restoration of the southern section of the Bellingen-Bowraville Road based on the lower than anticipated tender price for the northern section restoration.

 

2        That Roads and Maritime Services be reminded that the Bellingen-Bowraville Road was a Regional Road up until 5 June 2009 and as such they bear some responsibility for funding the “betterment” arising out of the natural disasters in February and March 2009.

 

3       That Council write to the NSW Premier and outline the history of matter, incorporating the letter from Andrew Stoner (when in Opposition) and see if the issue can be driven further.  The letter is to include a summary of the quotations for the two ends of the road.  The letter should indicate the RMS approach sets a dangerous precedent for future disaster funding claims.

 

Amendment was carried and became the motion which was:

 

15/13 RESOLVED:         (Ainsworth/South)

 

1          That Roads and Maritime Services be requested to further investigate the cost of the restoration of the southern section of the Bellingen-Bowraville Road based on the lower than anticipated tender price for the northern section restoration.

 

2          That Roads and Maritime Services be reminded that the Bellingen-Bowraville Road was a Regional Road up until 5 June 2009 and as such they bear some responsibility for funding the “betterment” arising out of the natural disasters in February and March 2009.

 

3          That Council write to the NSW Premier and outline the history of matter, incorporating the letter from Andrew Stoner (when in Opposition) and see if the issue can be driven further.  The letter is to include a summary of the quotations for the two ends of the road.  The letter should indicate the RMS approach sets a dangerous precedent for future disaster funding claims.

 

 


 

ITEM 9.4     SF1668              160113     Annual Workers Compensation and Work Health and Safety Performance Report

16/13 RESOLVED:         (Flack/MacDonald)

 

That Council note its Workers Compensation and Work Health and Safety Performance for 2011/12 as reported by StateCover.

 

 

ITEM 9.5     SF1120              160113     Grant Application Status Report

17/13 RESOLVED:         (Ainsworth/South)

 

That the list of grant applications and their status to 20 December 2012 be received.

 

 

Cr MacDonald left the meeting at 1.44 pm to attend a funeral and was an apology for the rest of the meeting.

 

 

ITEM 9.6     SF1786              160113     Nambucca LEP Amendment No 8 Secondary Dwellings in Rural Zones

18/13 RESOLVED:         (Ainsworth/Finlayson)

 

1          That the information be noted.

 

2          That a media release be prepared.

 

3          That a fact sheet be prepared and made available on Councils website.

 

 

ITEM 9.7     SF1786              160113     Planning Proposal - Nambucca LEP Amendment no. 12 Exceptions to Minimum Lot Sizes for Certain Rural Subdivisions

19/13 RESOLVED:         (Ainsworth/Finlayson)

 

1          That pursuant to Clause 59 of the Environmental Planning and Assessment Act 1979 the Planning Proposal, associated documents and submissions be forwarded to Department of Planning and Infrastructure requesting that they seek the making of the Plan by the Minister.

 

2          That those persons/agencies who made submissions be advised of Council's decision.

 

3          That a fact sheet be prepared and advertised on Council’s website.

 

For the motion: Councillors Hoban, Ainsworth, Ballangarry, Flack, Smyth, Finlayson, Morrison, and South                        Total 9

Against the motion:   Nil

 

 

 

 

 

 

 

ITEM 9.8     SF1541              160113     Amendments to the LEP Approval Process and reviews of rezoning decisions

20/13 RESOLVED:         (Ainsworth/Finlayson)

 

1          That Council note the information provided.

 

2          That Council increase its fees in relation to applications to undertake rezoning/LEP Amendments. The fees be increased in accordance with the fee structure presented in the discussion part of this report. The increase in fees be exhibited as required by the Local Government Act prior to the adoption of the 2013/14 fees and charges.

 

 

ITEM 9.9     SF1799              160113     Beach Access Improvement Plan - Progress Report

21/13 RESOLVED:         (Ainsworth/South)

 

That Council endorse the circulated Beach Access Improvement Plan for implementation.

 

 

Item 9.10 was dealt with under Delegations

 

 

ITEM 9.11   SF734                160113     Update on the Upgrade of the Pacific Highway - Warrell Creek to Urunga

22/13 RESOLVED:         (South/Morrison)

 

1          That the update information from Roads and Maritime Services on the Pacific Highway Warrell Creek to Urunga upgrade be received.

 

2          That Council undertake a seminar on the implications of the upgrade of the Pacific Highway for the Nambucca Valley and that a further report come to Council on proposed speakers, a budget and the availability or otherwise of funding from Industry and Investment.

 

 

 

ITEM 9.13   SF1668              160113     Committee on Electoral Matters Inquiry into the 2012 Local Government Elections

23/13 RESOLVED:         (Flack/South)

 

The Committee on Electoral Matters be requested to carefully investigate the potential for compulsory “postal” voting at NSW council elections in lieu of “attendance” voting as a means of reducing the cost of elections and that this include reviewing the practice of the Victorian Electoral Commission.

 

Further that the submission make the following additional points:

 

·                  the time made available for pre-polling be reduced.

·                  the income from fines for not voting be distributed to the Councils who paid for the conduct of the election.

·                  the requirement in smaller rural areas to appoint an official agent and open a separate campaign account is unnecessarily onerous and a disincentive to prospective candidates.

·                  the threshold for the requirement for external auditing for campaign expenditure in excess of $2,500 is unnecessarily onerous and a disincentive to prospective candidates.

 

Item 9.14 was dealt with under Delegations.

 

 

Cr Ainsworth left the meeting at 2.00 pm prior to discussions of following report and was an apology for the rest of the meeting as he had an appointment to attend.

 

 

General Manager Report - LATE

ITEM L.2     PRF54               160113     Gumma (Boulton's Crossing) Reserve - Stakeholder Meeting

24/13 RESOLVED:         (Hoban/Flack)

 

That Council note the options to be distributed to stakeholders and to be discussed at a further meeting of the group noting that Councillors may submit further options or comment to the General Manager.

 

 

Assistant General Manager Corporate and Community Services Report

ITEM 10.1   SF852                160113     Annual Report for 2011-2012 for Rural Financial Counselling Service - NSW Northern Region

25/13 RESOLVED:         (Finlayson/South)

 

That Council note the availability of the 2011-12 Annual Report for Rural Financial Counselling Services NSW – Northern Region, and the key issues dealt with by the Service’s Macksville office.

 

 

ITEM 10.2   SF1719              160113     Minutes of the Nambucca Shire Council Access Committee held 27 November 2012

26/13 RESOLVED:         (Flack/Smyth)

 

1          That the items of correspondence in and out be noted, with particular notation of the response from Woolworths confirming that an accessible toilet is available for supermarket staff and customers of the Macksville store.

 

2          That Council supports in principle the concept of developing a “Fun in the Park” plan which will focus on improving access for children with disabilities to key Council children’s playgrounds.

 

3          That the “How to Resize Your Text” approach used by Bellingen Shire Council for its website be adopted by Nambucca Shire Council, and that that the link to the information be made highly visible. 

 

4          That Council ask the Local Traffic Committee to consider endorsing the installation of one additional Disabled Parking Bay with shared area (adjacent to the accessible toilet) in the Winifred Street Car Park Macksville, and that the installation of bike racks along the toilet northern wall be considered.

 

5          That a letter is written to the Macksville Caltex Service Station suggesting a ‘watch for pedestrians’ sign be placed at the entrance and exit points.

 

6          That Council endorse the minutes.

 

 

ITEM 10.3   SF251                160113     Schedule of Council Public Meetings

27/13 RESOLVED:         (Flack/Finlayson)

 

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

 

 

ITEM 10.4   SF307                160113     Coronation Park Committee of Management - Minutes of Annual General Meeting - 21 November 2012

28/13 RESOLVED:         (Flack/Finlayson)

 

That Council endorse the Minutes of the Committee of Management for Coronation Park’s Annual General Meeting held on 21 November 2012 and thank the outgoing Committee for their work in the past twelve months.

 

 

ITEM 10.5   SF300                160113     EJ Biffin Playing Fields Committee of Management AGM - 29 October 2012 - Minutes

29/13 RESOLVED:         (Smyth/Finlayson)

 

That Council endorse the Minutes of the Committee of Management for EJ Biffin Playing Fields annual general Meeting held on 29 October 2012 and thank the outgoing Committee for their work in the past twelve months.

 

 

ITEM 10.6   SF343                160113     Valla Public Hall Committee of Management AGM - 28 August 2012 - Minutes

30/13 RESOLVED:         (South/Ballangarry)

 

That Council endorse the Minutes of the Committee of Management for the Valla Public Hall’s Annual General Meeting held on 28 August 2012 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

ITEM 10.7   SF1719              160113     Healthy Communities Project

31/13 RESOLVED:         (Finlayson/Flack)

 

1          That the progress and success to date of the Healthy Communities Project be noted.

 

2          That NSC proactively seek additional funding and grants to support the continuation of Healthy Living in the Nambucca.  This supports item 3.3 in the current NSC Strategic Plan.

 

 


 

ITEM 10.8   SF624                160113     Nambucca Shire Libraries - Progress Report

Motion:    (Smyth/Flack)

 

1        That the Council note the progress report for the Nambucca Shire Council Libraries and that future reporting will form part of reporting in accordance with Council’s Delivery Program and Operational Plan and annual reporting to the State Library of NSW.

 

2        That Council agree to maintain the current staffing level and budgeted salary funding for the Libraries.

 

Manex Comment:

 

Regardless of the merits of recommendation of No. 2 above, the staffing levels and budgeted salary funding for the Libraries should be finalised with the review of the Organisation Structure and with the consideration of the 2013/2014 budget, Manex recommend that the existing temporary arrangements continue until the Organisation Structure and 2013/201 Budget has been finalised.  It is suggested the recommendation provide as follows:

 

2        That Council consider staffing levels and budgeted salary funding for the libraries in its 2013/2014 Operational Plan budget.

 

Amendment:      (Hoban/South)

 

1        That the Council note the progress report for the Nambucca Shire Council Libraries and that future reporting will form part of reporting in accordance with Council’s Delivery Program and Operational Plan and annual reporting to the State Library of NSW.

 

2        That Council consider staffing levels and budgeted salary funding for the libraries in its 2013/2014 Operational Plan budget.

 

3        That Council formally thank all of the staff involved for the positive approach to the difficult          transition to a stand alone library service.

 

Amendment was carried and became the motion which was:

 

32/13 RESOLVED:         (Hoban/South)

 

1        That the Council note the progress report for the Nambucca Shire Council Libraries and that future reporting will form part of reporting in accordance with Council’s Delivery Program and Operational Plan and annual reporting to the State Library of NSW.

 

2        That Council consider staffing levels and budgeted salary funding for the libraries in its 2013/2014 Operational Plan budget.

 

3        That Council formally thank all of the staff involved for the positive approach to the difficult      transition to a stand alone library service.

 

 


 

ITEM 10.9   SF624                160113     Establishment of new Local Land Services Authority

33/13 RESOLVED:         (Finlayson/South)

 

1          That Council note the report on the establishment of the Local Land Services authority.

 

2          That Council make a submission to the LGSA on the matters outlined in their correspondence detailed in the body of this report plus the additional matters:

 

·             that the Committee give serious consideration to the possibility of local government providing some of the services given that the Ryan review indicated that Councils are more efficient than were the LHPA.

·             That Council express concern that the amalgamation of the CMA’s into the Service will become a means of shifting State Government costs onto the already burdened farming community by way of rural lands rates.

 

 

 

ITEM 10.10  SF1709              160113     Outstanding DA's greater than 12 months, applications where submissions received not determined to 1-31 December 2012

34/13 RESOLVED:         (Flack/Smyth)

 

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

 

 

ITEM 10.11  SF1726              160113     September 2012 Budget Review

35/13 RESOLVED:         (Finlayson/Ballangarry)

 

1          That the budget review for the quarter ended 30 September, 2012 be received.

 

2          That the recommended increases and decreases in votes be included as subsequent votes for the financial year 2012/2013.

 

 

ITEM 10.12  SF1620              160113     Six (6) Monthly Progress Report 2012/16 Delivery Program 1 July 2012 to 31 December 2012

36/13 RESOLVED:         (Finlayson/South)

 

1          That Council note the extent of progress and achievements against the strategies outlined in the 2012/2016 Delivery Program for the six month period of 1 July 2012 to 31 December 2012.

 

2          That Council continue with a Quarterly Budget (or Operational Plan) Review and adopt a six (6) monthly cycle for progress reports against its four (4) year Delivery Program.

 

 

 


 

ITEM 10.13  SF1771              160113     Investment Report to 31 December 2012

37/13 RESOLVED:         (Finlayson/Ballangarry)

 

That the Accountants’ Report on Investments placed to 31 December 2012 be noted.

 

 

Assistant General Manager Engineering Services Report

ITEM 11.1   SF1185              160113     Naming the new beach area in Ferry Street Macksville

38/13 RESOLVED:         (Flack/Finlayson)

 

1          That the park have one name and that Council advertise the options of:

 

           “Lions Park – Ferry Street” or

           “Lions Ferry Park” or

           “Ferry Street Park”

 

2          That comments and submissions on the proposal be received for a period of one month and that if no objections are received Council submit a name to the Geographic Names Board for advertising and adoption.

 

 

ITEM 11.2   SF844                160113     Nambucca District Water Supply Steering Committee Meeting – 5 December 2012

39/13 RESOLVED:         (Finlayson/Smyth)

 

That Council adopt the minutes of the Water and Sewerage Steering Committee Meeting held on 5 December 2012.

 

 

ITEM 11.3   SF848                160113     Water consumption charges for Committees of Management, Clubs and other not for profit organisations

40/13 RESOLVED:         (Smyth/Ballangarry)

 

That Council:

 

1          Carry out a review of all public facilities managed by Committees of Management or not for profit organisations where Council pays the water account and makes an assessment of what a reasonable water usage would be.

 

2          Write to the Committees of Management and other not for profit organisations that manage public facilities where Council pays the water account advising them of the following:

 

·     That Council intends to change the way that the water account is paid;

·     That Council will pay for water access charges and a fixed volume of water usage per annum only;

·     That the Committee of Management or other organisation will be responsible for payment of all water usage above the fixed volume; and

·     That the payment of water charges will commence in the 2013/14 financial year.

 

 

 


ITEM 11.4   SF1563              160113     Telemetry System Upgrade – Impact on Bowraville Off River Storage Project

41/13 RESOLVED:         (Finlayson/Ballangarry)

 

That Council:

 

1          Note the information within the Telemetry and SCADA system review report and recommendations to upgrade the system.

 

2          Commence the telemetry/SCADA upgrade process by including an upgrade of the water supply telemetry to an open protocol system as a variation to the Bowraville Off River Storage Project at an estimated cost of $75,000 as detailed in the consultants report and subject to negotiation with the Package B contractor.

 

3                 That future budgets will make provision for a staged upgrade of the sewerage telemetry system.

 

 

ITEM 11.5   SF1642              160113     Bowraville Sewage Treatment Plant – Fee offer for design and documentation of a constructed wetland

42/13 RESOLVED:         (Flack/Smyth)

 

That Council:

 

1          Accept the fee offer submitted by Woodlots and Wetlands Pty Ltd for the design and documentation (Package A) of a constructed wetland at Bowraville STP.

 

2          Advise Woodlots and Wetlands Pty Ltd that the engagement for the post design services (Packages B & C) is subject to Council resolving to proceed with the construction once the design has been approved and review of the construction estimate has been undertaken.

 

 

ITEM 11.6   SF878                160113     Mid North Weight of Loads Group - Half Yearly Meeting - 5 November 2012

43/13 RESOLVED:         (Flack/Ballangarry)

 

That the minutes of the Mid North Coast Weight of Loads Group half yearly meeting held on 5 November 2012 be received and noted.

 

 

Assistant General Manager Engineering Services Report - LATE

ITEM L.1     SF1696              160113     Tender For Electricity Supply

44/13 RESOLVED:         (Morrison/South)

 

That Council accept the tender submitted by Origin Energy Pty Ltd for electricity supply to Council’s non contestable small sites.

 

 


 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

45/13 RESOLVED:         (Smyth/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:

 

 

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1   SF1642              160113     Bowraville Sewage Treatment Plant - Fee Offer for Design and Documentation of a Constructed Wetland

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) (d) of the Local Government Act, 1993, on the grounds that 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   RF275                160113     Bellingen - Bowraville Road - Submission from Bellingen Shire Council

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) (d) of the Local Government Act, 1993, on the grounds that 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 12.3   SF600                160113     Nambucca Heads Senior Citizens Centre - Negotiations with U3A

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) 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.

 

 

 


CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 3.25 pm.

 

RESUME IN OPEN MEETING

46/13 RESOLVED(Flack/Finlayson)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 3.40 pm.

 

FROM COUNCIL IN CLOSED MEETING

 

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1   SF1642              160113     Bowraville Sewage Treatment Plant - Fee Offer for Design and Documentation of a Constructed Wetland

47/13 RESOLVED:         (Finlayson/Flack)

 

That Council:

 

1          Accept the fee offer submitted by Woodlots and Wetlands Pty Ltd for the design and documentation (Package A) of a constructed wetland at Bowraville STP for the amount of $48,202.00.

 

2                  Advise Woodlots and Wetlands Pty Ltd that the engagement for the post design services (Packages B & C) is subject to Council resolving to proceed with the construction once the design has been approved and review of the construction estimate has been undertaken.

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2   RF275                160113     Bellingen - Bowraville Road - Submission from Bellingen Shire Council

48/13 RESOLVED:         (Flack/Ballangarry)

 

That the information provided by Bellingen Shire Council in relation to the Bellingen-Bowraville Road and the outcome of the tender for the restoration of the northern section of the road be received.

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.3   SF600                160113     Nambucca Heads Senior Citizens Centre - Negotiations with U3A

49/13 RESOLVED:         (Flack/Ballangarry)

 

That the information concerning the negotiations between the Nambucca Senior Citizens Club and U3A be received.

 

 


CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 3.45 pm. 

 

Confirmed and signed by the Mayor on 31 January 2013.

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)