PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Paula Flack

Cr Brian Finlayson

Cr Bob Morrison

Cr Kim MacDonald

Cr Elaine South

Cr Anne Smyth

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Richard Spain (A/g AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

APOLOGIES

 

Paul Gallagher, Assistant General Manager Engineering Services

 

 

PRAYER

 

Pastor Paul Richardson from the Seventh Day Adventist Church offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor K MacDonald declared a pecuniary interest in Item 9.3 (points 3 and 4) Review of Policy on the Payment of Section 64/94 Developer Contributions under the Local Government Act Kerrs/Ryeline are customers of her employer and they will potentially be quoting on fuel for this subdivision/works.† Cr MacDonald left the meeting for this item.

 

Councillor K MacDonald declared a pecuniary interest in Item 9.6 Transfer of Eungai Pre-School under the Local Government Act as Cr MacDonaldís sister is an employer of the Nambucca Valley Childrenís Group.† Cr MacDonald left the meeting for this item.

 

Councillor B Morrison declared a non-pecuniary significant conflict of interest in Item 9.11 Removal of Registered Nurses from Nursing Homes under the Local Government Act as Cr Morrisonís wife is an Aged Care Nurse working in an Aged Care Facility in Nambucca Heads. Cr Morrison left the meeting for this item.

 

Councillor PF Flack declared a non-pecuniary less significant conflict of interest in Item 9.11 Removal of Registered Nurses from Nursing Homes under the Local Government Act as Cr Flack is a registered nurse (not working in aged care) and member of the NSW Nurses and Midwives Association.

 

Councillor R Hoban declared a pecuniary interest in Item 11.1 Tender T007/2015 for Construction of a Recreation Room at Macksville Memorial Aquatic Centre under the Local Government Act as Cr Hoban has a family member working for a firm that she believes has a subcontract relationship with one of the tenderers.† Cr Hoban left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 28 May 2015

 

867/15 RESOLVED:††††††† (MacDonald/South)

 

That the minutes of the Ordinary Council Meeting of 28 May 2015 be confirmed.

 

 

 

NOTICE OF MOTION - CR Hoban

 

ITEM 5.1††††† SF2049††††††††††††† 110615††††† Notice of Motion - LGNSW Annual Conference Call for Motions (SF45)

867/15 RESOLVED:††††††† (Hoban/Smyth)

 

That Councillors forward proposed motions for the LGNSW Annual Conference Business Paper to the Mayor by COB 30 June 2015 for reporting back to Council for endorsement prior to submission to the Association.

 

 

 

NOTICE OF MOTION - CR Morrison Ė LATE

 

ITEM 5.2††††† SF2049††††††††††††† 110615††††† Notice of Motion - Proposed Changes to the Fisheries Management Act 1994 Relevant to Recreational Fishing (SF1496)

Motion:††††† (Morrison/Ainsworth)

 

That Council make a submission to the Department of Primary Industry in relation to the "Proposed Changes to the Fisheries Management Act 1994 Relevant to Recreational Fishing" emphasising the point that matters concerning recreational or commercial fishing in a councilís rivers, that there be direct communications and consultation between Fisheries and the council concerned especially in the matter of river closures to either commercial or recreational fishing including urgent amendments or revocation. †Submissions are required by 26 June 2015.

 

Amendment:†††††† (Flack/Smyth)

 

That Council makes a submission but the content of the submission be deferred to Councilís meeting on 25 June 2015 so that it may be finalised at that meeting.†† And further, that any Councillors wishing to contribute to the submission have their submission to the General Manager by Wednesday 17 June 2015.

 

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

 

868/15 Resolved:††††††† (Flack/Smyth)

 

That Council makes a submission but the content of the submission be deferred to Councilís meeting on 25 June 2015 so that it may be finalised at that meeting.†† And further, that any Councillors wishing to contribute to the submission have their submission to the General Manager by Wednesday 17 June 2015.

 

††

 

PUBLIC FORUM/DELEGATION

 

RECOMMENDATION

 

That the following delegations be heard:

 

††††††††† Ms Samantha Cox - Keeping Registered Nurses in Aged Care 24/7

 

Cr Morrison left the meeting for this Item at 5.51 pm and returned after the conclusion at 6.10 pm.

 

Ms Cox addressed Council.† A copy of her speaking notes are found in the General Managerís report.

 

ITEM 9.11††† SF952††††††††††††††† 110615††††† Public Forum - Removal of Registered Nurses from Nursing Homes

869/15 RESOLVED:††††††† (Flack/Ainsworth)

 

That Council acknowledge that all residents in Nursing Homes should be provided with quality care led by Registered Nurses; notes with concern the potential risk to residents of Nursing Homes across Nambucca Valley Shire of the removal of the requirement to have a Registered Nurse on duty at all times; supports the NSW Nurses and Midwives Association campaign to ensure permanent legislation is in place requiring a registered Nurses on duty at all times and the appointment of a Director of Nursing in all NSW nursing homes, as a minimum, and writes to the NSW Minister of Health, the Hon. Jillian Skinner MP and Shadow Minister for Health, Walt Second MLC conveying the resolution.

 

 

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††††††††††††††† 110615††††† Outstanding Actions and Reports

870/15 RESOLVED:††††††† (Ainsworth/MacDonald)

 

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

 

 

 

ITEM 9.2††††† SF137††††††††††††††† 110615††††† Anzac Day 2015

871/15 RESOLVED:††††††† (MacDonald/Smyth)

 

That Council formally thank all of those involved in the Bowraville Anzac Day Committee for the outstanding job they did in organising the Centenary of Anzac Service at Bowraville.

 

 

 

ITEM 9.3††††† SF1031††††††††††††† 110615††††† Review of Policy on the Payment of Section 64/94 Developer Contributions

872/15 RESOLVED:††††††† (Ainsworth/South)

 

That items 1 to 4 below be dealt with individually.

 

873/15 Resolved:††††††† (Ainsworth/South)

 

1††††††† That Council adopt the revised policy on the payment of Section 64/94 developer contributions.

 

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

Against the motion:Councillors Flack and Smyth††††††††††††† (Total 2)

 

Note: Councillors Cr Flack and Cr Smyth requested that their votes be recorded against this item as they believe the risk to Council is unacceptable.

 

874/15 Resolved:††††††† (Ainsworth/South)

 

2††††††† For the purposes of the revised policy, that Council utilise the attached Deed of Agreement subject to:

 

∑††††† Clause 3 being amended to provide for payment upon settlement (instead of within 48 hours)

∑††††† Clause 5 providing for a 5 year period for the payment of all contributions.

∑††††† A schedule being provided to the Deed of Agreement listing the contributions payable for each lot and the application of the CPI index to the contributions each anniversary of the agreement.

 

Note: Councillors Cr Flack and Cr Smyth requested that their votes be recorded against this item as they believe the risk to Council is unacceptable.

 

Cr MacDonald left the meeting for Items 3 and 4 below at 6.21pm and returned after the conclusion of the items 3 and 4 at 6.22 pm.

 

875/15 RESOLVED:††††††† (Ainsworth/South)

 

3††††††† That Council enter into a Deed of Agreement with Mr Barry Kerr (Ryeline Pty Ltd) for deferral of developer contributions to be paid on settlement of each subdivided lot with Councilís interest in the payment of such contributions being ďsecuredĒ by a caveat on each title.† As per the provisions of the revised policy this arrangement is to be restricted to a maximum of 30 lots.

 

Note: Councillors Cr Flack and Cr Smyth requested that their votes be recorded against this item as they believe the risk to Council is unacceptable.

 

876/15 Resolved:††††††† (Ainsworth/South)

 

4††††††† That Councilís seal be attached to the Deed of Agreement between Council and Ryeline Pty Ltd as required.

 

Note: Councillors Cr Flack and Cr Smyth requested that their votes be recorded against this item as they believe the risk to Council is unacceptable.

 

 

 

ITEM 9.4††††† SF323††††††††††††††† 110615††††† Nambucca Entertainment Centre - Request to Change Name to "The Nambucca Community and Arts Centre"

877/15 RESOLVED:††††††† (Flack/Smyth)

 

That Council endorse the ďNambucca Entertainment CentreĒ being renamed, ďThe Nambucca Community and Arts CentreĒ.

 

 

 

ITEM 9.5††††† SF848††††††††††††††† 110615††††† Issues Arising from a Compliance Audit of Council's Eligibility for a Dividend from its Water and Sewerage Operations

878/15 RESOLVED:††††††† (MacDonald/Ainsworth)

 

That the information concerning the outcome of the audit of Councilís compliance with the eligibility criteria set out in the NSW Office of Water Guidelines be received.

 

 

 

Cr MacDonald left the meeting for this item at 6.26 pm and returned after the conclusion at 6.26 pm.

 

ITEM 9.6††††† SF1239††††††††††††† 110615††††† Transfer of Eungai Pre-School

879/15 RESOLVED:††††††† (Ainsworth/Smyth)

 

1††††††† That Council transfer the ownership of the Eungai Pre-School to Lifetime Connect Inc. for $1.00 plus compensation to them of $20,000 excluding GST on the basis that Lifetime Connect Inc. accepts all responsibility for any disability access issues which may arise in the future.

 

2††††††† That Councilís seal be attached to contracts and agreements as required.

 

3††††††† That Council meets all legal and transfer costs associated with the transfer of ownership.

 

4††††††† That settlement occur in the 2015/16 financial year.

 

 

 

ITEM 9.7††††† SF722††††††††††††††† 110615††††† Change to Natural Disaster Relief and Recovery Funding Arrangements

880/15 RESOLVED:††††††† (Ainsworth/MacDonald)

 

1††††††† That Council make representations to the Member for Oxley and Member for Cowper in relation to the new policy/interpretation of the National Disaster Relief and Recovery Funding Arrangements to exclude as a claimable expense work undertaken by Council staff during their normal hours, noting that this will likely further delay NDRRA funded repairs and potentially increase the cost of such work.

 

2††††††† That Council put a notice of motion to the LGNSW Conference seeking reinstatement of the claimable expense pertaining to the use of Council staff during normal working hours to undertake repairs associated with declared Natural Disaster events.

 

3††††††† That Council write to the Premier expressing its strong concerns on the impact of this change, particularly for an area that receives high rainfall.

 

881/15 Resolved:††††††† (Hoban/Ainsworth)

 

4††††††† That Council makes representation to the Local Member and Minister for Emergency Services seeking an urgent determination of Nambucca Shire Councilís application for a Disaster Declaration for the rainfall event of 30 April 2015 to 2 May 2015.

 

 

 

ITEM 9.8††††† SF2038††††††††††††† 110615††††† Outstanding DA's greater than 12 months, applications where submissions received not determined from 21 May 2015 to 3 June 2015

882/15 RESOLVED:††††††† (Flack/Smyth)

 

That the information be noted by Council.

 

 

 

ITEM 9.9††††† SF2038††††††††††††† 110615††††† 2015 May - Development and Complying Development Applications Received

883/15 RESOLVED:††††††† (Ainsworth/MacDonald)

 

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

 

 

 

ITEM 9.10††† SF2038††††††††††††† 110615††††† 2015 May - Construction And Complying Development Certificates Approved

884/15 RESOLVED:††††††† (Flack/Smyth)

 

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

 

 

ITEM 9.11 was dealt with under Delegations.

 

 

 

ITEM 9.12††† SF114††††††††††††††† 110615††††† Local Government Reform - Position of United Services Union (USU)

885/15 RESOLVED:††††††† (Flack/Smyth)

 

That the information concerning the position of the United Services Union in local government reform be received.

 

 

 

ITEM 9.13††† SF639††††††††††††††† 110615††††† Review of Council's Organisation Structure

886/15 RESOLVED:††††††† (Ainsworth/South)

 

1†††† That Council note that consultation following the review of Infrastructure Services has resulted in the six affected employees opting for voluntary redundancy.

 

2†††† That the following amendments to the organisation structure be adopted:

 

i.††† Business Services Co-ordinator deleted and hours redeployed within the Business Services Unit

ii.†† Ranger reduced from EFT 2 to EFT 1

iii.† Creditors Clerk to report to Accountant

iv.† Sewer Attendant changed to Sewer Attendant/Relief Operator

v.†† Town Services Attendant reduced from EFT 5 to EFT 3.

 

3†††† That the savings in wages from the reduction in Town Services staff be reallocated to the capital refurbishment of the public amenities in the 2015/16 budget and be further considered in the 2016/17 budget if required.

 

4†††† That a report come to Council in two months on how the current Ranger is coping and options on enhancing the role.

 

 

 

ITEM 9.14††† SF1148††††††††††††† 110615††††† Council Ranger's Report May 2015

887/15 RESOLVED:††††††† (Smyth/Ainsworth)

 

That Councilís Rangerís report for May 2015 be received and noted by Council.

 

 

 

ITEM 9.15††† SF2049††††††††††††† 110615††††† Report on the use of motels for long term accommodation

888/15 RESOLVED:††††††† (Smyth/Ainsworth)

 

With respect to the Nirvana and Blue Dolphin Motels that the Orders provisions of the Environmental Planning and Assessment Act 1979 be employed to resolve the unauthorised Boarding House aspects of the current land uses and substandard fire safety within the premises.

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1††† SF1620††††††††††††† 110615††††† Draft Integrated Planning and Reporting Documents

889/15 RESOLVED:††††††† (MacDonald/Smyth)

 

That Council adopt:

 

1††††††† The Draft Operational Plan 2015-16

2††††††† The Draft Revenue Policy 2015-16

3††††††† The Draft Long Term Financial Plan 2015-2025.

 

 

 

ITEM 10.2††† SF1991††††††††††††† 110615††††† Investment Report To 31 May 2015

890/15 RESOLVED:††††††† (Ainsworth/MacDonald)

 

That the Accountantsí Report on Investments placed to 31 May 2015 be noted.

 

 

 

Assistant General Manager Engineering Services Report

 

The Mayor left the meeting for this Item at 7.07 pm.

Cr Ainsworth took the Chair for the duration of this Item.

The Mayor returned to the Chair at the conclusion of this Item at 7.09 pm.

 

ITEM 11.1††† T007/2015†††††††††† 110615††††† Tender T007/2015 for Construction of a Recreation Room at Macksville Memorial Aquatic Centre

891/15 RESOLVED:††††††† (Morrison/Smyth)

 

1††††††† That Council accept the conforming submission for T007/2015 Construction of a Recreation Room at Macksville Memorial Aquatic Centre from Commercial Project Group Pty Ltd.

 

2††††††† That Council update the Contract Register.

 

For the motion: †††† Councillors Morrison, Flack, Smyth, Finlayson, Ainsworth, MacDonald and South††† †††††††††††††††††† ††††††††† (Total 7)

Against the motion: Nil

 

††

 

ITEM 12.2††† T007/2015†††††††††† 110615††††† Tender T007/2015 Construction of a Recreation Room at Macksville Memorial Aquatic Centre

892/15 RESOLVED:††††††† (Morrison/Flack)

 

That Council note the tendered sums and assessment results enclosed for T007/2015 Construction of a Recreation Room at Macksville Memorial Aquatic Centre.

 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

893/15 RESOLVED:††††††† (Ainsworth/MacDonald)

 

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††† EF4021††††††††††††† 110615††††† Assistant General Manager Engineering Services - Request to Renew Contract

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.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2††† T007/2015†††††††††† 110615††††† Tender T007/2015 Construction of a Recreation Room at Macksville Memorial Aquatic Centre

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††† SF2047††††††††††††† 110615††††† Dog Breeding at 83 Old Coast Road, North Macksville

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 7.10 pm.

 

 

 

RESUME IN OPEN MEETING

 

894/15 RESOLVED:††††††† (Ainsworth/Morrison)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 7.27 pm.

 

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1††† EF4021††††††††††††† 110615††††† Assistant General Manager Engineering Services - Request to Renew Contract

895/15 RESOLVED:††††††† (Flack/Smyth)

 

1††††††† That Council advise Mr Paul Gallagher that it wishes to enter into a future employment contract with him as Councilís Assistant General Manager Engineering Services.

 

2††††††† That Council seek independent advice as to the remuneration package for the position of Assistant General Manager Engineering Services so that it accords with the market for similar sized councils.

 

3††††††† That Council formally thank Mr Gallagher for the contribution he has made to improving Councilís financial sustainability.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.3††† SF2047††††††††††††† 110615††††† Dog Breeding at 83 Old Coast Road, North Macksville

896/15 RESOLVED:††††††† (Ainsworth/Morrison)

 

1††††††††† That Councilís solicitors be requested to write to the property owners advising them that their proposed dog breeding is a commercial activity and if it continues that Council will seek orders in the Land and Environment Court to stop it as well as an order for costs.

 

2††††††††† If sufficient evidence is obtained demonstrating that breeding of dogs for a commercial purpose is being undertaken at 83 Old Coast Road, North Macksville that Council staff be provided with delegated authority to commence proceedings against the owners of the premises for their offence against section 76B of the Environmental Planning and Assessment Act 1979.

 

3††††††††† That Council rescind its resolution made on 30 April 2015 to issue an order under section 124 of the Local Government Act 1993 to reduce the number of dogs kept at 83 Old Coast Road, North Macksville to two.

 

4††††††††† That Council give the owners of 83 Old Coast Road, North Macksville a period of 6 months to reduce the number of dogs on the premises to six dogs and that Council staff proceed to issue an order under section 124 of the Local Government Act 1993 to this effect.

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.28 pm.†

 

Confirmed and signed by the Mayor on 25 June 2015.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)