PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Bob Morrison

Cr Brian Finlayson

Cr Elaine South

Cr Anne Smyth

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

APOLOGIES

 

Cr Kim MacDonald and Cr Paula Flack

 

 

CONDOLENCES TO THE FAMILY OF PHILLIP HUGHES

 

The Mayor read out the joint media release from Council on behalf of the community, the Macksville Ex-Services Cricket Club and the Bowraville Rugby League Club.

 

 

PRAYER

 

Father Michael from the Catholic Church offered a prayer on behalf of the Nambucca Minister's Association and a minutes silence in memory of the late Phillip Hughes.

 

 

INTRODUCTION OF NEW STAFF

 

Councillors were introduced to the following staff members:

 

i)           Tim Shields†††††††††††††††††††† Information and Communications Technology Officer

ii)          Matthew Leibrandt†††††††††† Manager Infrastructure Services

 

 

DISCLOSURE OF INTEREST

 

Councillor R Hoban declared a non-pecuniary significant conflict of interest in Item 9.2 Quarry Solutions Pty Ltd v Nambucca Shire Council - Update on Directions Hearing Held 3 November 2014 under the Local Government Act as Cr Hoban was involved in negotiating the conditions of consent for this quarry prior to becoming a Councillor.† Cr Hoban left the meeting for this Item.

 

Councillor R Hoban declared a non-pecuniary significant conflict of interest in Item 9.4 DA 2001/096 Modification Valla Quarry Lot100, 101, 104 DP1118337 491 Valla Rd Valla under the Local Government Act as Cr Hoban was involved in negotiating the conditions of consent for this quarry prior to becoming a Councillor.† Cr Hoban left the meeting for this Item.

 

Councillor JA Ainsworth declared a non-pecuniary less significant conflict of interest in Item 9.2 Quarry Solutions Pty Ltd v Nambucca Shire Council - Update on Directions Hearing Held 3 November 2014 under the Local Government Act as Cr Ainsworth has a distant relativeís son-in-law who delivers material from the quarry from time to time..†

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 13 November 2014

 

557/14 RESOLVED:††††††† (South/Smyth)

 

That the minutes of the Ordinary Council Meeting of 13 November 2014 be confirmed.

 

 

 

NOTICE OF MOTION - CR Hoban

 

ITEM 5.1††††† SF1933††††††††††††† 271114††††† Notice of Motion - Request for Leave - Cr Rhonda Hoban (Mayor)† (SF346)

558/14 RESOLVED:††††††† (Hoban/South)

 

That Cr Rhonda Hoban (Mayor) be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period Monday 15 December to Friday 19 December 2014 inclusive.

 

††

 

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††††††††††††††† 271114††††† Outstanding Actions and Reports

559/14 RESOLVED:††††††† (Smyth/South)

 

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

 

 

 

The Mayor left the meeting for Items 9.2 and 9.4 at 5.41 pm and Deputy Mayor Cr Ainsworth took the Chair for the duration of these Items.

The Mayor returned to the Chair after the conclusion of Item 9.4, at 6.02 pm.

 

ITEM 9.2††††† DA2001/096††††††† 271114††††† Quarry Solutions Pty Ltd v Nambucca Shire Council - Update on Directions Hearing Held 3 November 2014

560/14 RESOLVED:††††††† (Finlayson/Morrison)

 

Council note the instructions provided to its solicitors Norton Rose Fulbright and the outcome of the directions hearing on 3 November 2014.

 

 

 

ITEM 9.4††††† DA2001/096††††††† 271114††††† DA 2001/096 Modification Valla Quarry Lot100, 101, 104 DP1118337 491 Valla Rd Valla

561/14 RESOLVED:††††††† (Finlayson/South)

 

1††††††† That the Land and Environment Court be advised that Council believes there is insufficient information in the application in relation to the increased operation of the rock drill to make a determination as to whether or not it is substantially the same development.

 

2††††††† That Councilís Manager Development and Environment be provided with delegated authority to finalise and submit to the Land and Environment Court Councilís Statement of Facts and Contentions by 5 December 2014.

 

For the motion:†† ††††††††††† Councillors Ainsworth, Morrison, Smyth, Finlayson, South†††††††††††††††††† (Total 5)

Against the motion:†††††††† Nil

 

 

 

ITEM 9.3††††† SF2031††††††††††††† 271114††††† Nambucca Shire Council Centenary Year 2015

562/14 RESOLVED:††††††† (Ainsworth/South)

 

1††††††† That Ms Carroline Rhodes be commissioned to author a book telling the history of Nambucca Shire Council generally in accordance with her proposal and with a suitable agreement to be drafted by Councilís solicitor.† That Councilís seal be attached to the agreement if required.

 

2††††††† That Ms Joy Lane be advised that Council accepts the proposal put forward by all four museums of the Nambucca Valley to produce a calendar with photographs of the area over the past 100 years with Council covering publishing and printing costs with revenue from the sale of the calendars being reimbursed to Council to offset expenses, and with any net profit being retained by the museums.

 

3††††††† That Councilís 2015/2016 budget consider an additional, third flag pole to be located at the front of the Administrative Centre.

 

4††††††† That Councilís 2015/2016 budget consider a commemorative board for the Council Chambers acknowledging the names of all Councillors and Council staff who served the Council in its centenary year.

 

 

Item 9.4 was dealt with above.

 

 

 

ITEM 9.5††††† SF1947††††††††††††† 271114††††† Outstanding DA's greater than 12 months, applications where submissions received not determined from 5 November to 19 November 2014

563/14 RESOLVED:††††††† (Smyth/South)

 

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

 

 

 

ITEM 9.6††††† SF1148††††††††††††† 271114††††† Council Ranger's Report October 2014

564/14 RESOLVED:††††††† (Ainsworth/South)

 

That the Councilís Rangers report for October 2014 be received and noted by Council.

 

 

 

ITEM 9.7††††† SF24††††††††††††††††† 271114††††† Frank Partridge VC Military Museum - Request for Waiving of Tip Fees to Dispose of Asbestos and Assistance with Concreting

565/14 RESOLVED:††††††† (Smyth/Finlayson)

 

1††††††† That Council approve the waiver of waste management fees, except for the EPAís Waste Levy and applicable GST, for the disposal of the asbestos roof of the Frank Partridge VC Military Museum.† Further that the waived fees be recorded as a donation under the current donations policy.

 

2††††††† That Council provide $2,000 to the Frank Partridge VC Military Museum as a donation towards the construction of a concrete footpath crossing to provide access to their vehicle display area.

 

 

 

ITEM 9.8††††† SF1481††††††††††††† 271114††††† Licence Agreement for Occupation of Land for Caravan Park Encroachments, Advertising Sign and Pontoon - White Albatross Caravan Park

Motion:††††† (Smyth/South)

 

That Council as Trust Manager approve the draft consolidated licence for the use of Crown land by the White Albatross Caravan Park generally as set out in Trim document 34782/2014 and that Councilís seal be attached to the licence if required.

 

Amendment:†††††† (Hoban/Smyth)

 

1           That Council as Trust Manager approve the draft consolidated licence for the use of Crown land by the White Albatross Caravan Park generally as set out in Trim document 34782/2014 and that Councilís seal be attached to the licence if required.

 

2           That the owners be advised that when the next rent review is conducted Council intends to base the lease fee on the commercial valuation of the land.

 

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

 

566/14 Resolved:††††††† (Hoban/Smyth)

 

1††††††† That Council as Trust Manager approve the draft consolidated licence for the use of Crown land by the White Albatross Caravan Park generally as set out in Trim document 34782/2014 and that Councilís seal be attached to the licence if required.

 

2††††††† That the owners be advised that when the next rent review is conducted Council intends to base the lease fee on the commercial valuation of the land.

 

 

 

ITEM 9.9††††† DA2006/092††††††† 271114††††† Macksville Heights Estate Subdivision - Classification of Site of Sewerage Pumping Station as Operational Land

567/14 RESOLVED:††††††† (South/Smyth)

 

1††††††† That the proposed Lot 38 being land containing a sewerage pumping station in the Macksville Heights Estate be classified as operational land and be recorded as such in Councilís land register.

 

2††††††† That Councilís seal be attached to documents relating to the transfer of the land, if required.

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1††† SF2025††††††††††††† 271114††††† Fit For the Future - Scale and Capacity

568/14 RESOLVED:††††††† (Ainsworth/Smyth)

 

That Council resolves that Nambucca Shire does have the scale and capacity broadly consistent with the recommendation of the Independent Local Government Review Panel and will prepare Councilís Fit for the Future submission on the basis of the existing Shire boundaries and membership of the proposed North Coast Joint Organisation of Councils.

 

 

 

ITEM 10.2††† SF395††††††††††††††† 271114††††† Local Infrastructure Renewal Program - Borrowing Program

569/14 RESOLVED:††††††† (Ainsworth/Morrison)

 

1††††††† That Council approves new borrowings of $1,963,000 for Infrastructure Works (Bridges) as described in the Local Infrastructure Renewal Scheme (LIRS) Funding agreement for Bridge Replacement Program 2014/15 as executed 1 November 2014.

 

2††††††† The approved terms of the loan are reducing balance loan for $1,963,000 for a 10 year term with a fixed interest rate and monthly repayments.

 

3††††††† The General Manager accepts the most cost effective loan based on the requested terms.

 

4††††††† Council authorise the Mayor and the General Manager to execute the Loan Agreement.

 

5††††††† That in the event the successful financial institution requires the loan agreement to be executed under seal that the Council Seal be affixed to the Loan Agreement.

 

 

 

ITEM 10.3††† SF251††††††††††††††† 271114††††† Schedule of Council Public Meetings

570/14 RESOLVED:††††††† (Ainsworth/Finlayson)

 

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

 

 

 

ITEM 10.4††† SF1997††††††††††††† 271114††††† September 2014 Budget Review

571/14 RESOLVED:††††††† (Ainsworth/Finlayson)

 

1††††††† That the budget review for the quarter ended 30 September, 2014 be received.

 

2††††††† That the recommended increases and decreases in votes be included as subsequent votes for the financial year 2014/2015.

 

572/14 Resolved:††††††† (Hoban/Morrison)

 

3††††††† That Councilís Finance Section be asked to review, when time permits, Councilís current liquid equity levels and their relationship to the minimum level of Councilís policy.

 

 

 

ITEM 10.5††† SF134††††††††††††††† 271114††††† Annual Report 2013-2014

573/14 RESOLVED:††††††† (Smyth/Ainsworth)

 

That Council note the completion of the 2013/2014 Annual Report and that the 2013/2014 Annual Report will be placed on Councilís website and advice be forwarded to the Minister for Local Government as required.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1††† SF1676††††††††††††† 271114††††† Capital Works Report - September 2014

574/14 RESOLVED:††††††† (Finlayson/South)

 

1††††††† That the Capital Works Report for the first quarter of the 2014/15 financial ending 30 September 2014 be received and noted.

 

2††††††† That the proposed variations be endorsed and included in the September 2014 budget review.

 

3††††††† That the savings of $23,000.00 on Sinclairís No. 1 be allocated towards the final cost of Toutís Bridge.

 

4††††††† That Council allocate an amount of $45,000.00 from Working funds to Toutís bridge.

 

 

 

ITEM 11.2††† SF934††††††††††††††† 271114††††† Tender for Supply and Delivery of Ready Mixed Concrete (T151415MNC)

575/14 RESOLVED:††††††† (Ainsworth/Finlayson)

 

That Council:

 

1††††††† Reject all tenders as per Clause 178 (1)(b) and Clause 178 (3)(e)

 

2††††††† Request Regional Procurement to enter into negotiations with all tenderers with a view of entering into a panel contract for the supply and delivery of ready mix concrete to Council.

 

3††††††† The panel contract to run for a period of 24 months commencing 1January 2015 to 31 December† 2016

 

4††††††† That a provision be allowed for a 12 month extension based on satisfactory supplier performance which may take T151415MNC contract through to 31 December 2017.

 

For the motion:†† ††††††††††† Councillors Hoban, Ainsworth, Morrison, Smyth, Finlayson, South†††††† (Total 6)

Against the motion:†††††††† Nil

 

 

 

ITEM 11.3††† SF2007††††††††††††† 271114††††† Off River Storage Project - Recreation Management Plan

576/14 RESOLVED:††††††† (Ainsworth/Smyth)

 

That Council restrict access to the site to authorised personnel only and provide no opportunity for recreational activity except for nominated open days.

 

 

 

ITEM 11.4††† SF1642††††††††††††† 271114††††† Bowraville Sewerage Treatment Plan - Proposed Constructed Wetland and Improvements to Reuse Water Quality

577/14 RESOLVED:††††††† (Ainsworth/South)

 

That Council:

 

1††††††† Not proceed with the construction of the original proposed constructed wetland at Bowraville Sewage Treatment Plant.

 

2††††††† Seek quotes from suitably qualified consultants to document a Recycled Water Quality Management Plan for the Bowraville Sewage Treatment Plant including a risk assessment of the proposal to upgrade the reuse water treatment system and provide a recommendation as to the level of treatment and the equipment required.

 

3††††††† Seek Section 60 approval from the NSW Office of Water for a proposal to upgrade the wastewater reuse treatment system once the Management Plan has been documented.

 

3           Utilise the existing 2014/15 budget allocation for the constructed wetland to complete the above works and adjust that budget to reflect the reduced expenditure this year.† Provide a funding allocation for consideration in the 2015/16 budget for design and installation of the improved wastewater treatment system.

 

 

The meeting adjourned at 7.07 pm

The meeting reconvened at 7.47 pm

 

††

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

578/14 RESOLVED:††††††† (Ainsworth/Morrison)

 

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.

 

4           That the recommendations concerning the Closed Items 12.2, 12.3 and 12.4 in the report in open meeting be noted.

 

Reason reports are in Closed Meeting:

 

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1††† SF839††††††††††††††† 271114††††† General Manager's Performance Review

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 7.47 pm.

 

 

 

RESUME IN OPEN MEETING

 

579/14 ††††††† (Ainsworth/South)

RECOMMENDATION:

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 9.45 pm.

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1††† SF839††††††††††††††† 271114††††† General Manager's Performance Review

Recommendation:

 

That the General Manager note the Councilís comments on his performance.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 9.46 pm.†

 

Confirmed and signed by the Mayor on 11 December 2014.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)