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

 

Paul Gallagher (Acting General Manager)

Scott Norman (AGM Corporate Services)

Monika Schuhmacher (Minute Secretary)

 

 

 

APOLOGIES

 

Michael Coulter (General Manager)

 

 

PRAYER

 

Captain Steve Dorman from the Salvation Army 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 12.4 Progress of Conciliation Hearing - Valla Quarry under the Local Government Act as Cr Hoban was involved in negotiating the conditions of consent of this quarry prior to becoming a Councillor.  Cr Hoban left the meeting for this Item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 26 February 2015

 

705/15 RESOLVED:        (Flack/Smyth)

 

That the minutes of the Ordinary Council Meeting of 26 February 2015  be confirmed.

 

 

 

NOTICE OF MOTION - CR Hoban

 

ITEM 5.1      SF2049              120315      Notice of Motion - Donation Of Inspection Fees (SF24)

706/15 RESOLVED:        (Hoban/Flack)

 

That, in recognition of Monroe Mills’ ongoing medical condition and the generous contributions of local tradesmen, Council donate the cost of plumbing inspection fees of $294.00 from Council’s Water and Sewerage Funds.

 

 

 

NOTICE OF MOTION - CR Smyth

 

ITEM 5.2      SF2049              120315      Notice of Motion - Cr Smyth - Request for Leave - 20 March to 12 April 2015

707/15 RESOLVED:        (Smyth/Flack)

 

That Cr Anne Smyth is granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 20 March 2015 to 12 April 2015, inclusive.

 

  

 

PUBLIC FORUM AND DELEGATIONS

 

RECOMMENDATION

 

That the following delegations be heard:

 

PUBLIC FORUM:

i)       Mr Owen Rushton – Vice President of the Macksville Gift Committee of Management regarding the skate park facilities in Macksville Park

 

          Mr Rushton will attend a further meeting with staff from Council.

 

ii)      Fay Welsh - Private cemetery

 

          Mrs Welsh’s speaking notes are recorded on Council’s file SF2044.

 

DELEGATION:

 

ITEM 9.4      2 Nelson Street - Geotechnical Issues and Claim for Reimbursement of Blocked Sewer

i)       Mrs Kelli Leckie—Applicant

 

ITEM 9.4      LF4225               120315      2 Nelson Street - Geotechnical Issues and Claim for Reimbursement of Blocked Sewer

Motion:      (Flack/Smyth)

 

1        That Council engage Coffey and Partners to prepare a preliminary investigation report on the site NH44 being the cliff at the east end of Nelson Street as described in the report by Douglas Partners dated October 2003.

 

2        That Council pay or reimburse payment for $396.00 for the use of a sewer camera and high pressure water jetter to clear several root blockages in a sewer line.

 

3        That Mr & Ms Leckie be advised that they will have to replace their house sewer drainage lines to avoid further root blockages.

 

Amendment:       (Morrison/Ainsworth)

 

That recommendations 1 to 3 be dealt with separately.

 

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

 

708/15 Resolved:        (Morrison/Ainsworth)

 

That recommendations 1 to 3 be dealt with separately.

 

709/15 Resolved:        (Flack/Smyth)

 

1        That Council engage Coffey and Partners to prepare a preliminary investigation report on the site NH44 being the cliff at the east end of Nelson Street as described in the report by Douglas Partners dated October 2003.

 

710/15 Resolved:        (Flack/South)

 

2        That Council pay or reimburse payment for $396.00 for the use of a sewer camera and high pressure water jetter to clear several root blockages in a sewer line

 

Motion:      (Flack/Smyth)

 

3        That Mr & Ms Leckie be advised that they will have to replace their house sewer drainage lines to avoid further root blockages.

The motion was unanimously LOST.

 

Motion:      (Morrison/Ainsworth)

 

That Council support the sale of the portion of land mentioned in Crown Lands’ letter of 16 January 2014 be sold to the Leckies as outlined in that letter.

The motion was LOST

 

711/15 Resolved:        (South/Ainsworth)

 

That Council write to the Minister for Lands setting out the history, the issues Council is facing: there was no community consultation on the sale of the land; the issues faced by the private land owners regarding their land stabilisation; the resolution of Council to support a lease and the conflicting advice given by the Office of Lands in Grafton.  And further, that Council requires an urgent definitive response in to finalise this matter.

 

 

 

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                120315      Outstanding Actions and Reports

712/15 RESOLVED:        (Ainsworth/South)

 

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

 

 

 

ITEM 9.2      LF6900               120315      Drainage Issues - 4 Alberta Street, Bowraville

713/15 RESOLVED:        (Flack/Ainsworth)

 

That Council note the inspection of 4 Alberta Street, Bowraville.

 

 

 

ITEM 9.3      SF665                120315      Application to Seek Dividend from Water and Sewerage Operations

714/15 RESOLVED:        (MacDonald/Ainsworth)

 

1        That Council note the achievement of the required outcomes of the Best Practice Management of Water Supply and Sewerage Guidelines.

 

2        Commencing for the 2014/15 financial year and for subsequent years, that Council seek approval for the maximum permissible dividend calculated from any surplus in the Water and Sewerage Funds.

 

3        That following the assessment of eligibility for a dividend from any surplus, that each year Council determine the quantum of the dividend to be taken from any surplus in the Water and Sewerage Funds having regard to the available working funds, planned capital works and any other relevant considerations.

 

4        That investigations be undertaken in consultation with Council’s Auditor and the Office of Water for the potential to seek approval to take dividends from the 2013/2014 financial year and financial years prior to that.

 

5.       That Council’s auditors be advised of Council’s resolution.

 

 

Item 9.4 was dealt with under Delegations.

 

 

 

ITEM 9.5      SF841                120315      Issues with Partial Acquisition of Land by the RMS for the Pacific Highway Upgrade

715/15 RESOLVED:        (Ainsworth/MacDonald)

 

That Council note the response from Ray Williams MP Parliamentary Secretary for Transport and Roads on the matter of outstanding rates following partial land acquisitions for the Pacific Highway upgrade.

 

716/15 Resolved:        (MacDonald/Smyth)

 

That Council write to the Premier, the Leader of the Opposition and the Member for Oxley indicating Council’s disappointment in the complete lack of regard, by the Minister for Road’s Office, to Council’s financial wellbeing and clarity for rate payers and reluctance to work together as levels of Government.

 

 

 

ITEM 9.6      SF841                120315      Pacific Highway Upgrade - Warrell Creek to Nambucca Heads - Proposed Transfer of Assets

717/15 RESOLVED:        (Smyth/Flack)

 

That Council make representations to the Member for Oxley, both pre and post 28 March 2015, for their support for the proposition that the bridges and major culvert structures which are located on the existing Pacific Highway through the Nambucca Valley should remain state assets and not be handed over to Council.

 

 

 

ITEM 9.7      DA2014/158        120315      Development Application DA2014/158 -132 Morans Road, Missabotti - Outdoor Recreational Facility

718/15 RESOLVED:        (Ainsworth/Finlayson)

 

That Council note the application has been withdrawn

 

 

 

 

ITEM 9.8      SF1148              120315      Council Ranger's Report February 2015

719/15 RESOLVED:        (Morrison/Ainsworth)

 

That the Council’s casual Ranger’s report for February 2015 be received and noted by Council.

 

 

 

ITEM 9.9      SF2038              120315      Outstanding DA's greater than 12 months, applications where submissions received not determined from 21 February to 4 March 2015

720/15 RESOLVED:        (Flack/Finlayson)

 

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

 

 

 

ITEM 9.10    SF2038              120315      2015 February - Development and Complying Development Applications Received

721/15 RESOLVED:        (MacDonald/Flack)

 

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

 

 

 

ITEM 9.11    SF2038              120315      2015 February - Construction And Complying Development Certificates Approved

722/15 RESOLVED:        (Flack/South)

 

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

 

 

 

ITEM 9.12    SF309                120315      Bowraville Folk Museum Inc. - Charitable Status

723/15 RESOLVED:        (Ainsworth/Smyth)

 

That Council remove its caveat to provide a first option to take the Bowraville Folk Museum back for its transfer price in the event that the Incorporated Association is wound up or seeks to transfer the property.

 

 

 

General Manager Report – LATE

 

ITEM 9.13    SF1001              120315      Offer of Additional $487,630 from the Country Towns Water Supply and Sewerage Program towards Unforeseen Work in the Construction of Bowra Dam

724/15 RESOLVED:        (Ainsworth/MacDonald)

 

1        That Council accept the offer of $487,630 being for additional financial assistance under the Country Towns Water Supply and Sewerage Program towards unforeseen work in the construction of Bowra Dam.

 

2        That Council thank the Minister the Hon. Kevin Humphries for his offer of additional funding.

 

3        That Council thank Mr Glenn George, Regional Manager North, NSW Office of Water, for following up Council’s requests for additional funding with the Minister’s Office and for facilitating the funding offer.

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF544                120315      Developer Contributions Plan Review: Surf Life Saving Clubs

725/15 RESOLVED:        (Flack/Ainsworth)

 

That Council approve the 28-day public exhibition of the Draft Surf Life Saving Facilities and Infrastructure Developer Contributions Plan – works schedule 2015.

 

 

 

ITEM 10.2    SF251                120315      Schedule of Council Public Meetings

726/15 RESOLVED:        (Flack/MacDonald)

 

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

 

 

 

ITEM 10.3    SF1897              120315      Scotts Head Events Committee of Management AGM - 29 September 2014 - Minutes and Financial Statement

727/15 RESOLVED:        (Flack/Smyth)

 

That Council endorse minutes for the Scotts Head Events Committee of Management’s Annual General Meeting held on 29 September 2014.

 

 

 

ITEM 10.4    SF1991              120315      Investment Report To 28 February 2015

728/15 RESOLVED:        (Ainsworth/MacDonald)

 

That the Accountants’ Report on Investments placed to 28 February 2015 be noted.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    T004/2015           120315      Tender T004/2015 for Construction of Landslip Stabilisation Riverside Drive below Foreshore Close Nambucca Heads

729/15 RESOLVED:        (Morrison/South)

 

1        That Council accept the alternate submission of a terra mesh wall construction for T004/2015 Construction of Landslip Stabilisation, Riverside Drive (below Foreshore Close) Nambucca Heads from EarthTEC Pty Ltd.

 

2        That Council update the Contract Register.

 

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

Against the motion           Nil     

 

 

 

Assistant General Manager Engineering Services Report – LATE

 

ITEM 11.2    SF1747              120315      Tender T401415MNC for the Provision of Traffic Control Services

730/15 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council accept the tender panel for the Provision of Traffic Control Services as submitted for Regional Procurement Tender No T401415MNC for a period of 24 months commencing on 1 April 2015 and terminating on 31 March 2017. 

 

2        That Council accept that a provision be allowed for a 12 month extension to this contract based on satisfactory supplier performance which may take this contract through to 31 March 2018.

 

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

Against the motion           MacDonald                                       (Total 1)

 

Note:  Cr MacDonald requested her vote be recorded against this resolution as she believes insufficient weighting is given the fact that one of the tenders is a locally based company employing locals.

 

 

 

Assistant General Manager Engineering Services Report – LATE

 

ITEM 11.3    SF1747              120315      Tender T391415MNC - Supply Only and Supply and Installation of Road Safety Barrier Systems

731/15 RESOLVED:        (Ainsworth/Flack)

 

1        That Council accept the tender Category 1: Panel Contract for Supply and Installation of Road Safety Barrier Systems as submitted for Regional Procurement Tender No T391415MNC for a period of 24 months commencing on 1 April 2015 and terminating on 31 March 2017. 

 

2        That Council accept the tender Category 2: Panel Contract for Supply Only of Road Safety Barrier Systems as submitted for Regional Procurement Tender No T391415MNC for a period of 24 months commencing on 1 April 2015 and terminating on 31 March 2017. 

 

2        That Council accept that a provision be allowed for a 12 month extension to Category 2 and Category 2 of this contract based on satisfactory supplier performance which may take this contract through to 31 March 2018.

 

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

Against the motion           Nil     

 

     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

Resolved:          (MacDonald/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:

 

 

 

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    T004/2015           120315      Tender T004/2015 for Construction of Landslip Stabilisation Riverside Drive below Foreshore Close, Nambucca Heads

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    SF1747              120315      Tender T401415MNC for the Provision of Traffic Control Services - Confidential Attachment

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    SF1747              120315      Tender T391415MNC for Supply Only and Supply and Installation of Road Safety Barrier Systems - Confidential Attachment

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 12.4    DA2001/096        120315      Progress of Conciliation Hearing - Valla Quarry

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.

 

 

 

The Mayor left the meeting at 7.15 pm.

The Deputy Mayor took the Chair for the remainder of the meeting.

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.59 pm.

 

 

 

RESUME IN OPEN MEETING

 

Resolved:          (Finlayson/South)

 

That Ordinary Council Meeting resume in Open Meeting.  The Ordinary Council Meeting resumed IN OPEN MEETING at 8.02 pm.

 

 

 

732/15 Resolved:        (Ainsworth/Finlayson)

 

That Items 12.1, 12.2 and 12.3 be noted and were considered in conjunction with Items 11.1, 11.2 and 11.3 respectively.

 

 

FROM COUNCIL IN CLOSED MEETING

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.4    DA2001/096        120315      Progress of Conciliation Hearing - Valla Quarry

733/15 RESOLVED:        (Finlayson/South)

 

That the information concerning the progress of the Conciliation hearing be received.

 

 

 

CLOSURE

 

There being no further business the Deputy Mayor then closed the meeting the time being 8.02 pm. 

 

Confirmed and signed by the Mayor on 26 March 2015.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)