PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Susan Jenvey

Cr David Jones

Cr Janine Reed

Cr Anne Smyth

Cr John Wilson

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Keith Williams (Manager Technical Services) left the meeting at 6.47 pm

Paul Gallagher (AGM Engineering Services) arrived at the meeting at 6.47 pm

Monika Schuhmacher (Minute Secretary)

 

 

 

APOLOGIES

 

Assistant General Manager Engineering Services (Paul Gallagher) arrived late

 

 

PRAYER

 

Reverend Bernard Davidson from the Salvation Army 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 9.3 Gordon Park Rainforest Committee of Management - Concern about Damage Caused by Flying Fox and Request for an On-Site Meeting under the Local Government Act as Cr Smyth is a member of the Gordon Park Rainforest Committee of Management.

 

Councillor Smyth declared a non-pecuniary less significant conflict of interest in Item 9.11 Minutes of the Nambucca Shire Council Access Committee meeting held 28 February 2017 under the Local Government Act as Cr Smyth is a member of the CMCA, who sponsor RV Friendly Towns dump point installations.

 

Councillor J Reed declared a non-pecuniary less significant conflict of interest in Item 10.5 Donations Program (Section 356) 2017/2018 - Applications for Approval under the Local Government Act as Cr Reed is a member of the Utungun Community Centre which is the Section 355 Committee of Management which administers the Utungun Hall. 

 

Councillor R Hoban declared a non-pecuniary significant conflict of interest in Items 11.2 and 12.2 Tender T401617NAM - Supply and Delivery of Road Base Materials - 1 April 2017 to 31 March 2020 under the Local Government Act as Cr Hoban, prior to becoming a Councillor she was involved in negotiating consent conditions for one of the tendering quarries (Valla Quarry).  Cr Hoban left the meeting for this item.

 

Councillor Jenvey declared a non-pecuniary significant conflict of interest in Item 12.2 Tender T401617NAM - Supply and Delivery of Road Base Materials - 1 April 2017 to 31 March 2020 under the Local Government Act as Cr Jenvey has private interests in relation to one company tendering.  Cr Jenvey left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 16 March 2017

 

137/17 RESOLVED:        (Smyth/Ballangarry)

 

That the minutes of the Ordinary Council Meeting of 16 March 2017 be confirmed subject to the following amendments:

 

Cr Wilson:

          Page 16       Item 11.1 Resolution 3 should read:  “   2017-18 budget deliberations…”.

          Page 16       Item 11.5 Resolution should read:  "….Annual General Meeting held on 1                                                 September 2016…". 

          Page 17       Item 12.1 Resolution 1 should read:  "…. access point at Swimming Creek,                                                        to coincide with the Deep Creek Footbridge   ".

 

          Page 18       Item 12.3    Resolution 2 should read: "…..both Honorary Rangers placing on                                           record Council’s appreciation for their help."

 

 

 

NOTICE OF MOTION - CR Jenvey

 

ITEM 5.1      SF2303              300317      Notice of Motion - Request for Donation - Operation Pilgrimage Team to assist with the rehabilitation of our veterans on the Five Rivers Expedition 2017

Motion:      (Jenvey/Smyth)

 

1        That Council support Operation Pilgrimage Group with their Five Rivers project with a donation of $1000.00 towards the purchase of a “Nambucca River” canoe.

 

Amendment:       (Ainsworth/Reed)

 

That this Item be deferred for consideration with other donations in  Item 10.5 Donations Program 2017/2018.

 

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

 

138/17Resolved:         (Reed/Ainsworth)

 

1        That this Item be deferred for consideration with other donations in  Item 10.5 Donations Program 2017/2018.

 

Motion:      (Reed/Ainsworth)

 

2        That Council seeks to connect with the veterans in either informal or formal ways on the Nambucca River leg of the Five Rivers project.

 

Amendment:       (Hoban/Finlayson)

 

That Council seek further advice from Mr Miles as to ways Council may be able to connect with the Veterans either formally or informally on the Nambucca River leg of the project.

 

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

 

139/17 Resolved:        (Hoban/Finlayson)

 

That Council seek further advice from Mr Miles as to ways Council may be able to connect with the Veterans either formally or informally on the Nambucca River leg of the project.

 

   

 

ASKING OF QUESTIONS WITH NOTICE

 

There are no questions with notice.

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

There are no questions for Closed Meeting where due notice has been received.

 

 

 

General Manager Report

 

ITEM 9.1      SF959                300317      Outstanding Actions and Reports

140/17 RESOLVED:        (Ainsworth/Wilson)

 

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

 

 

 

ITEM 9.2      SF841                300317      Roads and Maritime Services (RMS) Response to Representations about Highway Road Noise at Valla

141/17 RESOLVED:        (Smyth/Reed)

 

That the information concerning the RMS response to representations about highway road noise at Valla be received.

 

 

 

ITEM 9.3      PRF28                300317      Gordon Park Rainforest Committee of Management - Concern about Damage Caused by Flying Fox and Request for an On-Site Meeting

142/17 RESOLVED:        (Reed/Wilson)

 

That this item be deferred as an onsite inspection was cancelled due to wet weather.

 

 

 

ITEM 9.4      SF2195              300317      Payment of Road Infrastructure Damage Invoice for 2016 World Rally Championship

143/17 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council seek to further negotiate the offer of compensation from Rally Australia for the damage caused by the 2016 World Rally Championship and going forward the nature of the formal agreement proposed by Rally Australia regarding the use of Council roads, the methodology for assessing any damage to Council roads and the payment of compensation for the repair of any damage.

 

2        That the Mayor, a Councillor participating on the Rally Australia Community Liaison Committee, the General Manager and Assistant General Manager Engineering Services meet with Rally Australia representatives for the purpose of undertaking the negotiations identified in 1 above.

 

3        That Council note that the proposed 2017 World Rally Championship will only use the “Nambucca Stage” starting on Congarinni Road North and travelling out to Rhones Creek, Welshes Creek, Williams Hill, South Arm, Simpsons Ridge, Lower Buckrabendinni, North Arm, Graces and Dyers Loop roads.  There will be no stages run at Bakers Creek or at Valla.

 

4        That Council make representations to the Minister for Sport, the Hon. Stuart Ayres (with a copy to the Minister for Roads, the Hon Melinda Pavey MP) concerning the damage caused to Nambucca Shire Council roads by the 2016 World Rally event, seeking his action under Section 7 of the Motor Sports (World Rally Championship) Act in relation to the repair of Council roads.

 

 

 

ITEM 9.5      LF6505               300317      Access to the Donnelly and Bonett Property - Rosella Drive (formerly Old Coast Road)

144/17 RESOLVED:        (Ainsworth/Ballangarry)

 

That this item be deferred as an onsite inspection was cancelled due to wet weather.

 

 

 

ITEM 9.6      SF2334              300317      Proposed Restart NSW Submissions Committee, Mid North Coast

145/17 RESOLVED:        (Reed/Wilson)

 

That the information concerning the proposed Restart NSW Submissions Committee, Mid North Coast be received and that the Councillor appointed chair of the Business Advisory Committee be appointed to the Restart NSW Submissions Committee Mid North Coast.

 

 

 

ITEM 9.7      SF2079              300317      Cost of Local Government Election held on 10 September 2016

146/17 RESOLVED:        (Ainsworth/Reed)

 

That the information concerning the cost of the local government election held on 10 September 2016 be received.

 

 

 

The Assistant General Manager, Mr Gallagher, arrived at the meeting at 6.47 pm.

The Manager Technical Services, Mr Williams, left the meeting at 6.47 pm.

 

 

ITEM 9.8      SF2186              300317      Nambucca Main Beach Coastal Hazard Protection Stage 2

147/17 RESOLVED:        (Finlayson/Ainsworth)

 

1        That Council accept the funding offer of $207,500 from the Office of Environment and Heritage to support the Stage 2 Coastal Protection Works at Main Beach Nambucca Heads.

 

2        That Council allocates an amount of $136,278 from working funds towards the Stage 2 Coastal Protection Works at Main Beach Nambucca Heads in the 2016/17 financial year to support Council’s commitment to the project and the funding agreement with the Office of Environment and Heritage.

 

 

 

ITEM 9.9      PRF18                300317      Boating Now - Gordon Park

148/17 RESOLVED:        (Smyth/Reed)

 

1        That the information concerning progress of the Boating Now Project for Gordon Park be received.

 

2        That, in accordance with the works schedule of S94 Community Facilities and Open Space Plan, Council allocates an additional $124,560 toward the implementation of the improvements to Gordon Park.

 

3        That Council supports the project by allocating project funds towards a suitably qualified Project Manager.

 

4        That Council combine funds allocated to the project through various work orders into a single work order number and the separate assets/activity be clearly separated via tasks.

 

5        That Council note it is anticipated that revotes for the project will be requested at the June quarter to allow for the continued implementation of the project into the next financial year.

 

 

 

ITEM 9.10    SF842                300317      Establishment of a Council 'Clean Energy Committee'

149/17 RESOLVED:        (Reed/Ainsworth)

 

1          That Council adopt the Terms of Reference for a ‘Clean Energy Committee’ as outlined in the body of the body of this report.

 

2          That three Councillors, including a Chair, be appointed to the Committee.

 

3          That Council nominates a Chair and two Councillors.

 

4          That Council formally invites the Office of Environment and Heritage to be a part of this Committee, specifically the Clean Energy Coordinator NE region.

 

5          That Council call for expressions of interest for membership of the Committee.

 

 

 

ITEM 9.11    SF2292              300317      Minutes of the Nambucca Shire Council Access Committee meeting held 28 February 2017

150/17 RESOLVED:        (Smyth/Ballangarry)

 

1          That Council establishes a RV dump point next to the public toilets outside the Macksville Memorial Aquatic and Fitness Centre.

 

2          That funding for installing the dump point be sought from a grant or sponsorship, with the balance (if not fully funded) being requested from the Council’s 2017-2018 budget; and that a letter be sent to Jayco Australia seeking sponsorship for the project.

 

3          That Council’s compliance with the quality requirements of the Ageing Disability and Home Care funding agreement 2015-2018 be noted. 

 

4          That Council note the purchase of a medical chair scale to be housed at the Macksville Memorial Aquatic and Fitness Centre, from local fund raising and external grant funding.

 

5          That Council endorse the minutes of the Nambucca Shire Council Access Committee meeting held 28 February 2017.

 

 

 

ITEM 9.12    SF2293              300317      Development Applications greater than 12 months or where submissions received -  to 22 March 2017

151/17 RESOLVED:        (Ainsworth/Wilson)

 

That the information be noted by Council.

 

152/17 Resolved:        (Smyth/Ballangarry)

 

That DA2017/020 be called in for determination by Council.

 

 

 

ITEM 9.13    SF2222              300317      North Coast Regional Plan

153/17 RESOLVED:        (Finlayson/Ainsworth)

 

That the information be noted.

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF251                300317      Schedule of Council Public Meetings 2017

154/17 RESOLVED:        (Smyth/Ainsworth)

 

That the schedule of dates for public Council meetings in 2017 be noted and received for information by Council.

 

 

 

ITEM 10.2    SF334                300317      South Arm Hall Committee of Management - Minutes of Annual General Meeting - 14 August 2016

155/17 RESOLVED:        (Reed/Smyth)

 

That Council endorse the minutes of the Committee of Management for the South Arm Hall’s Annual General Meeting held on 14 August 2016 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

ITEM 10.3    SF2064              300317      Macksville Dance Group - Request for Waiving of Fees for Hiring the Macksville Senior Citizens Centre

156/17 RESOLVED:        (Smyth/Reed)

 

That Council waive the rental fee to the Macksville Dance Group for the hire of the Macksville Senior Citizens Centre for six hours on Saturday 20 May 2017 for the conduct of a Charity Dance for the Nambucca Valley Cancer Support Group.

 

 

 

ITEM 10.4    SF1120              300317      Grant Application Status Report

157/17 RESOLVED:        (Ainsworth/Wilson)

 

That Council receive the list of grant applications to 20 March 2017 and the list of current grant funding available from Council’s Grants Calendar.

 

 

 

ITEM 10.5    SF25                  300317      Donations Program (Section 356) 2017/2018 - Applications for Approval

Motion:      (Wilson/Ainsworth)

 

1          Approves applications for all monetary donation requests, for amounts of less than $2,000;

 

2          Approves reduced donations, to organisations that have received donations in the past two (2) years, being: Nambucca Community & Arts Centre CoM and Marine Rescue – Nambucca, to a maximum donation amount of $2,000, hence leaving funds in the donations budget for one-off requests throughout 2017/2018.  This would be a total reduced donation of $9253.21;

 

3          Undertake a review of the Donations Policy to consider the following options: a) put a “cap” on donation requests of $2,000 maximum, as the annual budget is limited; b) donations for operating costs cannot be accepted for Section 356 donation applications; c) preference will be given to Section 356 applicants that have not received donations in the past two (2) years; d) applicants that have not spent, nor acquitted, previous year’s Section 356 donations, will not be eligible to apply;

 

4          That there be a further report to Council in relation to Recommendation 3.

 

5          Approves applications for a waste waiver from the charitable organisations of Nambucca Valley Christian Life Centre – Care n Wear, Macksville/Bowraville Uniting Church Op Shop – Bowraville, Anglican Op Shop, Nambucca Heads, Nambucca Valley Phoenix, Anglican Parish Opportunity Shop in Macksville and Nambucca Valley Community Church. Also approve an application from The Salvation Army Family Store (received 15/03/2017);

 

6          Approves applications for a waste waiver, and provision of services, for one-off events/regular events being: bi-monthly markets and Carols at Valla Reserve (Valla Beach Community Association); Christmas Carols at Macksville Park (Salvation Army); Lions Annual Fair at Valla Hall (Lions Club of Valla); and 2018 Challenge Cup at Coronation Park, Nambucca Heads (Nambucca Strikers Football Club).

 

7          Considers increasing the annual target limit of waste waivers for charitable organisations and one-off events to a total limit of 80 tonnes given the reported increase in volume of waste from these organisations, reflected in the applications received.

 

Amendment:       (Smyth/Jenvey)

 

1          Approves applications for all monetary donation requests, for amounts of less than $2,000;

 

2          Approves reduced donations, to organisations that have received donations in the past two (2) years, being: Nambucca Community & Arts Centre CoM and Marine Rescue – Nambucca, to a maximum donation amount of $2,000, hence leaving funds in the donations budget for one-off requests throughout 2017/2018.  This would be a total reduced donation of $9253.21;

 

3          Undertake a review of the Donations Policy to consider the following options: a) put a “cap” on donation requests of $2,000 maximum, as the annual budget is limited; b) donations for operating costs cannot be accepted for Section 356 donation applications; c) preference will be given to Section 356 applicants that have not received donations in the past two (2) years; d) applicants that have not spent, nor acquitted, previous year’s Section 356 donations, will not be eligible to apply;

 

4          That there be a further report to Council in relation to Recommendation 3.

 

5          Approves applications for a waste waiver from the charitable organisations of Nambucca Valley Christian Life Centre – Care n Wear, Macksville/Bowraville Uniting Church Op Shop – Bowraville, Anglican Op Shop, Nambucca Heads, Nambucca Valley Phoenix, Anglican Parish Opportunity Shop in Macksville and Nambucca Valley Community Church. Also approve an application from The Salvation Army Family Store (received 15/03/2017).

 

6          Approves applications for a waste waiver, and provision of services, for one-off events/regular events being: bi-monthly markets and Carols at Valla Reserve (Valla Beach Community Association); Christmas Carols at Macksville Park (Salvation Army); Lions Annual Fair at Valla Hall (Lions Club of Valla); and 2018 Challenge Cup at Coronation Park, Nambucca Heads (Nambucca Strikers Football Club).

 

7          Considers increasing the annual target limit of waste waivers for charitable organisations and one-off events to a total limit of 80 tonnes given the reported increase in volume of waste from these organisations, reflected in the applications received.

 

8          That Council approve a donation of $1000 to Operation Pilgrimage.

 

The amendment was LOST.

 

FURTHER Amendment:          (Jenvey/Smyth)

 

1          Approves applications for all monetary donation requests, for amounts of less than $2,000;

 

2          Approves reduced donations, to organisations that have received donations in the past two (2) years, being: Nambucca Community & Arts Centre CoM and Marine Rescue – Nambucca, to a maximum donation amount of $2,000, hence leaving funds in the donations budget for one-off requests throughout 2017/2018.  This would be a total reduced donation of $9253.21;

 

3          Undertake a review of the Donations Policy to consider the following options: a) put a “cap” on donation requests of $2,000 maximum, as the annual budget is limited; b) donations for operating costs cannot be accepted for Section 356 donation applications; c) preference will be given to Section 356 applicants that have not received donations in the past two (2) years; d) applicants that have not spent, nor acquitted, previous year’s Section 356 donations, will not be eligible to apply;

 

4          That there be a further report to Council in relation to Recommendation 3.

           

5          Approves applications for a waste waiver from the charitable organisations of Nambucca Valley Christian Life Centre – Care n Wear, Macksville/Bowraville Uniting Church Op Shop – Bowraville, Anglican Op Shop, Nambucca Heads, Nambucca Valley Phoenix, Anglican Parish Opportunity Shop in Macksville and Nambucca Valley Community Church. Also approve an application from The Salvation Army Family Store (received 15/03/2017).

 

6          Approves applications for a waste waiver, and provision of services, for one-off events/regular events being: bi-monthly markets and Carols at Valla Reserve (Valla Beach Community Association); Christmas Carols at Macksville Park (Salvation Army); Lions Annual Fair at Valla Hall (Lions Club of Valla); and 2018 Challenge Cup at Coronation Park, Nambucca Heads (Nambucca Strikers Football Club).

 

7          Considers increasing the annual target limit of waste waivers for charitable organisations and one-off events to a total limit of 80 tonnes given the reported increase in volume of waste from these organisations, reflected in the applications received.

 

8          That Council approve a donation of $500 to Operation Pilgrimage.

 

The amendment was LOST.

 

Amendment:       (Reed/Ainsworth)

 

That allocations of donations be deferred until those organisations requesting funding present Council with advice about their current financial position.

 

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

 

158/17 Resolved:        (Reed/Ainsworth)

 

That allocations of donations be deferred until those organisations requesting funding present Council with advice about their current financial position.

 

 

 


ITEM 10.6    SF1415              300317      Minutes of the Audit Risk and Improvement Committee Meeting - 22 March 2017

159/17 RESOLVED:        (Wilson/Ballangarry)

 

That Council note the Minutes of the Audit Risk and Improvement Committee.

 

 

 

ITEM 10.7    SF1415              300317      Internal Audit Charter

160/17 RESOLVED:        (Wilson/Ballangarry)

 

That Council adopted the revised Audit Risk and Improvement Committee Charter.

 

 

 

ITEM 10.8    SF1415              300317      Audit Risk and Improvement Committee - Amended Strategic Audit Plan

161/17 RESOLVED:        (Wilson/Reed)

 

That Council endorse the revised Strategic Internal Audit Plan for 1 July 2016 to 30 June 2019.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF674                300317      Tender RFT-658-TO - CCWS Regional Waste Management Services for the Collection and/or Processing of Waste

162/17 RESOLVED:        (Finlayson/Ainsworth)

 

That Council adopts the recommendations as detailed within the confidential report for the tenders received for the Regional Waste Management Services, Contract RFT-658-TO being:

 

That Council:

1        For Part A and Part B of the Regional Waste Management Services Contract (RFT-658-TO), accept the ‘Part A and Part B (Combined)’ Tender with ‘C3’ (incorporating C1 and C2) and ‘C5’ and ‘C7’ and ‘C8’ alternative tender options from Handybin Waste Services (Coffs Harbour) Pty Ltd,

2        For Part A and Part B of the Regional Waste Management Services Contract (RFT-658-TO), not accept the ‘Part A and Part B (Combined)’ Tender with ‘C4’  and ‘C6 (incorporating C3, C4 and C5 together)’ alternative tender options from Handybin Waste Services (Coffs Harbour) Pty Ltd,

3        Accept the ‘Optional Services’ within the Part A Tender component for ‘Non-Community Events’,

4        Defer consideration for the ‘Kerbside Bulky Clean-up Collections until the Extra Ordinary Council meeting on Monday 3 April 2017

5        Authorise the General Manager to finalise negotiations with the preferred tenderer before executing the final contract documents for Part A and Part B,

6        The Contract is executed under Council seal if required and entered into Council’s contract/ tender register.

7        Acknowledge that the awarding of this contract is subject to the resolutions of both Coffs Harbour City Council and Bellingen Shire Councils aligning with Part A and Part B of the tender for collection services for Coffs Coast Regional Waste Services Number RFT– 658-TO.

8        Acknowledge that the resolution will remain confidential, until such time as the General Manager has confirmed between the General Managers of Coffs Harbour City Council and Bellingen Shire Council that the resolutions of Ordinary or Extraordinary Council Meetings held by each of those Councils associated with Coffs Coast Waste Services align with each of the other.

 

9        That the Civic Service operations be further reviewed through an organisation restructure for the collection of street and park litter to be reported to Council at a later date and that legal advice be obtained on the Council budget allocation of these services being transferred from the general fund to a waste management or domestic waste management charge.

 

For the motion:               Councillors Hoban, Wilson, Ballangarry, Jenvey, Smyth, Finlayson, Ainsworth,

                                      Reed and Jones    (Total 9)

Against the motion:         Nil

 

 

 

Cr Jenvey and Cr Hoban left the meeting for Item 11.2 at 7.55 pm and returned after the conclusion of the Item at 7.57 pm.

 

Cr Ainsworth, Deputy Mayor, took the Chair for the duration of this item.

The Mayor resumed the Chair at 7.57 pm.

 

ITEM 11.2    SF2324              300317      Tender T401617NAM - Supply and Delivery of Road Base Materials - 1 April 2017 to 31 March 2020

163/17 RESOLVED:        (Finlayson/Wilson)

 

1        That Council award the contract for the supply and delivery of road base materials as the panel source tender to:

 

·      Boral Resources (NSW) Pty Ltd

·      Quarry Solutions Pty Ltd and

·      Sheridans Hard Rock Quarry Pty Ltd

 

          for the period 1 April 2017 to 31 March 2020.

 

2        That a provision be allowed for a 24 month extension based on satisfactory supplier performance, which may take this contract through to 31 March 2022.

 

3        That Council endorse the tender evaluation as provided in the confidential report for the supply and delivery of road base material as a panel source tender and,

 

4        That Council update the Contract Register (TRIM: 31325/2016).

 

For the motion:      Councillors Wilson, Ballangarry, Smyth, Finlayson, Ainsworth, Reed and Jones                                    (Total 7)

Against                 Nil

 

 

 

ITEM 11.3    SF2080              300317      RMS Meeting for Highway Handover

164/17 RESOLVED:        (Finlayson/Ainsworth)

 

1        That Council receives and notes the information.

 

2        That Council writes to the RMS acknowledging:

 

a)   The Regional Road classification for the Old Pacific Highway

 

b)   The RMS Chief Executive commitment that the handover of assets of the Old Pacific Highway will not come to fruition until the next financial year (2017/18)

 

c)   That the reclassification for the Old Pacific Highway will not occur until all matters are settled with reference to the funding claim against the Motorway Project for maintenance items, the condition and the ownership of the existing bridge structures are resolved

 

d)   That the RMS has engaged an independent consultant to undertake a condition inspection of the existing bridge structures on the Old Pacific Highway

 

e)   That Council are willing to assist the RMS in discussions pertaining to whole of Government response on the impact on councils Fit for the Future performance ratio that these asset handovers will generate.

 

3        That Council notes that a further report will be provided on the condition of the bridge structures located on the Old Pacific Highway.

 

 

 

ITEM 11.4    SF878                300317      Mid North Weight of Loads Group meeting held on 6 March 2017 and Minutes of the meeting held on 5 September 2016

165/17 RESOLVED:        (Reed/Ballangarry)

 

That Council receive and note the report on the meeting of the Mid North Weight of Loads Group meeting held on 6 March 2017 and receive the minutes emanating from the meeting held 5 September 2016.

 

 

 

ITEM 11.5    SF1696              300317      RA151718NAM Reverse Auction for supply of Electricity for Contestable Metered Sites and Street Lighting

166/17 RESOLVED:        (Ainsworth/Wilson)

 

1        Council authorise the General Manager to adopt the tender evaluation recommendation of ERM.

 

2        That Council note the late confidential report outlining the results of the reverse auction.

 

3        That Councils Contract Register be updated with new contract arrangements.

 

For the motion:               Councillors Hoban, Wilson, Ballangarry, Jenvey, Smyth, Finlayson, Ainsworth,

                                      Reed and Jones    (Total 9)

Against the motion:         Nil

 

 

 

ITEM 11.6    SF2331              300317      Local Environment Plans (LEP) - LEP 2010 Amendment No 23 - Reclassification of Community Land to Operational Land on Multiple Land Parcels

167/17 RESOLVED:        (Ainsworth/Reed)

 

1     That the parcels of land identified within this report be reclassified as operational and added to Schedule 4 Classification and Reclassification of Public Land of the Nambucca LEP 2010.

 

2     That, pursuant to the Clause 55 of the Environmental Planning and Assessment Act 1979, Council prepares a Planning Proposal to support an amendment to reclassify all the land as described in this report.

 

3     That the Planning Proposal and associated material be submitted to the Minister for Planning for consideration under Clause 56 of the Act.

 

4     That Council conduct a public hearing as required for the proposed reclassifications and subject to the Ministers’ approval that it be advertised for 28 days.

 

For the motion:               Councillors Hoban, Wilson, Ballangarry, Jenvey, Smyth, Finlayson, Ainsworth,

                                      Reed and Jones    (Total 9)

Against the motion:         Nil

 

     

 


COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

168/17 RESOLVED:        (Ainsworth/Wilson)

 

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    SF674                300317      Confidential - Tender RFT-658-TO - CCWS Regional Waste Management Services for the Collection and/or Processing of Waste

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    SF2324              300317      Confidential - Tender T401617NAM Supply and Delivery of Road Base Materials 2017 - 2020

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    SF2302              300317      Telstra Compensation Claim - Damage and repair to submarine cable during construction of wharf 28 June 2016

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.4    SF674                300317      Confidential - Probity Report for Tender RFT-658-TO - CCWS Regional Waste Management Services for the Collection and/or Processing of Waste

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 12.5    SF674                300317      Confidential – Evaluation Report – Reverse Auction for Contestable Sites and Street Lighting

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.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 8.12 pm.

 

 

 


RESUME IN OPEN MEETING

 

169/17 RESOLVED:        (Reed/Ainsworth)

 

That the Ordinary Council Meeting resume IN OPEN MEETING at 8.25 pm.

 

 

FROM COUNCIL MEETING IN CLOSED

 

Assistant General Manager Engineering Services Report

 

For Confidential Business Paper in Closed Meeting

Item 12.1 was dealt with in Open Meeting.

 

 

For Confidential Business Paper in Closed Meeting

Item 12.2 was dealt with in Open Meeting

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.3    SF2302              300317      Telstra Compensation Claim - Damage and Repair to Submarine Cable During Construction of Wharf - 28 June 2016

170/17 RESOLVED:        (Finlayson/Wilson)

 

That the information be received.

 

 

For Confidential Business Paper in Closed Meeting

Item 12.4 was dealt with in Open Meeting

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.5    SF674                300317      Confidential – Evaluation Report – Reverse Auction for Contestable Sites and Street Lighting

171/17 Resolved:        (Ainsworth/Finlayson)

 

1           That Council enter into a retail energy supply contract with ERM for a 24 month contract term for the supply of electricity to its Contestable Sites with such contract to commence 1 January 2018 through to 31 December 2019

 

2           That Council enter into a retail energy supply contract with ERM for a 24 month contract term for the supply of electricity to its Street Lights with such contract to commence 1 January 2018 through to 31 December 2019

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 8.27 pm. 

 

Confirmed and signed by the Mayor on 13 April 2017.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)