Minutes of Ordinary Council Meeting

The following document is the minutes of the Council meeting held on 14 August 2013. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 29 August 2013 and therefore subject to change. Please refer to the minutes of 29 August 2013 for confirmation.

PRESENT

Cr Rhonda Hoban (Mayor)	Cr John Ainsworth
Cr Martin Ballangarry OAM	Cr Brian Finlayson
Cr Paula Flack	Cr Kim MacDonald
Cr Bob Morrison	Cr Anne Smyth
Cr Elaine South

ALSO PRESENT

Michael Coulter (General Manager)	Peter Wilson (A/g AGM Corporate & Community Services)
Paul Gallagher (AGM Engineering Services)

PRAYER

Rev Jilleen Chambers, Anglican Church, offered a prayer on behalf of the Nambucca Minister's Association.

DISCLOSURE OF INTEREST

Councillor K MacDonald declared a pecuniary interest in Item 9.11 Bowraville Off River Water Storage - Amendments to Part 5 Approval under the Local Government Act as Cr MacDonald’s employer has the fuel supply contract to both Haslin and Litchfield. Cr MacDonald left the meeting for this item.

Mr Peter Wilson (Acting Assistant General Manager Corporate and Community Services) declared a non-pecuniary less significant conflict of interest in Item 12.1 Outcome of Recruitment for the Positions of Assistant General Manager Corporate Services and Assistant General Manager Development, Environment & Community Services under the Local Government Act as Mr Wilson is a close friend of an applicant who was interviewed for the position of Assistant General Manager Development Environment and Community Services. Mr Wilson left the meeting for this item.

CONFIRMATION OF MINUTES - Ordinary Council Meeting 25 July 2013

RESOLVED: (Smyth/South)

That the minutes of the Ordinary Council Meeting of 25 July 2013 be confirmed.

CONFIRMATION OF RESOLUTION FOR ITEM 10.4A FROM 10 JULY 2013 which was inadvertently omitted from minutes of 10 July 2013 which were confirmed on 25 July 2013:

10.4A - DA2013/043 10072013 Variation to Council Policy 'Bushfire Buffers On Public Land' as it relates to DA 2013/043

13/13A – resolved: (Finlayson/Smyth)

That Council endorse the variation to Council’s policy Bushfire Buffers On Public Land to permit an ‘Asset Protection Zone’ (bushfire buffer) to be created over a section of Council Road Reserve in Boronia Street, Nambucca Heads in order to facilitate the Development Assessment process as it relates to DA 2013/043.

NOTICE OF MOTION - CR Hoban

ITEM 5.1 SF1817 140813 Notice of Motion - Waste Service – Bulk Collection Arrangements (Trim SF453)

1/13 RESOLVED (Hoban/MacDonald)

That the Waste Management Officer report to Council on alternate arrangements for providing a bulk waste collection service.

DELEGATIONS

Resolved: (Ainsworth/Flack)

That the following delegations be heard:

Mr Peter Bateman - on behalf of Mr Eric Webber - Inundation of Mr Webber’s property (water)

Mr Bateman addressed the Council advising as follows:

· He is assisting Mr Eric Webb who has a vision impairment

· The property, 8 Creek Street, is engulfed by water

· Would like a site meeting

· Has met with Council staff about the matter

· Mr Webb has lived at the property for 40 years but the problem has become worse over the last 3 years

· Nurses have had their cars bogged

· Can’t mow the lawn

· Can’t hang out washing

· Many leeches

GB3/13 - Cr. John Ainsworth - Excessive Water Inundation - 8 Creek Street, Nambucca Heads (Ref SF593)

2/13 Resolved: (Ainsworth/South)

That a report be brought to Council and an onsite inspection be carried out at 8 Creek Street, Nambucca Heads.

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 140813 Outstanding Actions and Reports

3/13 RESOLVED: (Flack/Finlayson)

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

4/13 Resolved: (Flack/South)

That Council write to Woolworths, Foodworks and the three Chambers of Commerce reinforcing the critical need to report all incidents of crime no matter how small and to encourage others to do so as failure to report is resulting in a distorted crime statistics picture and is limiting Nambucca Shire’s ability to lobby for increased policing and that similar information be provided in the next newsletter. Further a copy of the letter be forwarded to Ray Rowe at the Caltex Service Station acknowledging his valuable work in reporting crime.

5/13 Resolved: (Ainsworth/Finlayson)

That any newsletter article be couched in such a way that other issues beside the policing issue are covered and that any draft of the wording of the policing issue come to Council first.

ITEM 9.2 SF309 140813 Transfer of Ownership of the Bowraville Folk Museum from Council to the Bowraville Folk Museum Inc.

6/13 RESOLVED: (Ainsworth/Finlayson)

1 Subject to the reclassification of the property from community to operational land, that Council transfer the Bowraville Folk Museum to the Bowraville Folk Museum Inc. in accordance with the conditions set down by the Incorporated Association.

2 Following the reclassification of the property and upon confirmation from the Folk Museum of their acceptance of the transfer that Council undertake the building repairs identified in the report by Mr Owen Donnelly, Licensed Builder, with funding to be provided in the September quarter budget review.

3 That Council’s seal be affixed to the relevant transfer documents.

4 That the contract for the transfer provide that the Council have first option to take the property back for its transfer price in the event that Bowraville Folk Museum Inc. is wound up or seeks to transfer the property.

5 That the Bowraville Folk Museum Inc. be advised of Council’s decision.

ITEM 9.3 SF29 140813 Clarence Regional Library - Distribution of the Assets and Liabilities Pertaining to the Agreement which Lapsed on 1 November 2011

7/13 Resolved: (Flack/Smyth)

That the information from Clarence Valley Council on the liabilities of the Clarence Regional Library be received.

8/13 Resolved: (MacDonald/Ballangarry)

That prior to entering into any future joint agreements with other Councils, that a full set of assets and liabilities (including employee provisioning and reserves) be obtained and that a clause be considered in any future agreements that Nambucca Shire Council will only be responsible for the net assets movement during the term of the agreement. Also that independent legal advice be sought on that same agreement if considered to be required by Council.

9/13 Resolved: (Flack/MacDonald)

That Council receive a report on how the above resolution will be captured/used in Council’s procurement policy/processes. And further that the report also provide information on the Destination 2036 Working Party report on local government alliances.

ITEM 9.4 SF1865 140813 Adin Street Reserve, Scotts Head - Proposed 21 year Lease of Community Land to the North Coast Accommodation Trust

10/13 Resolved: (South/Ainsworth)

1 That Council seek the Minister’s consent to the proposed 21 year lease of part of the Adin Street Reserve to the North Coast Accommodation Trust and forward to the Minister the required information under Section 47 of the Local Government Act 1993.

2 That Council approach the Trust Manager proposing a joint project to construct the Adin Street footpath.

11/13 Resolved: (Flack/MacDonald)

That the annual rental income be transferred to an internally restricted reserve for works and services in Scotts Head.

ITEM 9.5 SF1801 140813 Office of Environment and Heritage successful grant applications for Beach Access Improvement program - phase 2 and Health Estuaries (Boulton's Crossing and Stuarts Island)

12/13 Resolved: (Smyth/South)

1 That Council commit an additional $35,000 from the Environmental Levy in order to provide adequate funding to match OEH funds to continue with the Beach Access Improvement Program.

2 That Council note the successful grant funding for the Stuarts Island area.

ITEM 9.6 SF1875 140813 Investment Report To 31 July 2013

13/13 Resolved: (MacDonald/South)

That the Accountants’ Report on Investments placed to 31 July 2013 be noted.

ITEM 9.7 PRF71 140813 Coronation Skate Park - Mediation Arrangements for Class 4 Proceedings

14/13 Resolved: (Flack/MacDonald)

That the Mayor and General Manager be provided with delegated authority to enter into a binding agreement to resolve the Class 4 proceedings in relation to the Skate Park at Nambucca Heads if, following the mediation on 30 August 2013, they believe this to be in Council’s interests.

ITEM 9.8 SF731 140813 Manager Business Development - Update on Activities

15/13 Resolved: (Flack/Ainsworth)

That the information concerning the activities of the Manager Business Development be received and that the plans referred to in the report (page 48) be made available on the website.

16/13 Resolved: (Flack/Smyth)

That Council write to World Rally and request they cover the cost of the recent mail out to advise affected residents of the proposed road closures. Secondly that affected residents be advised of the times of any practice sessions. Thirdly, that World Rally issue comprehensive local media releases on road closures.

General Manager Report – LATE

ITEM 9.9 SF848 140813 Undetected Water Leak Policy

17/13 Resolved: (Ainsworth/Finlayson)

That Council adopt the following approach to varying water consumption as well as related sewer and trade waste usage charges arising out of undetected water leaks:

Undetected Water Leak Policy

Council will consider varying water consumption as well as related sewer and trade waste usage charges where:

 The water service is constructed of material approved by Council including

o copper pipe

o that the appropriate grade polyethylene (PE) pipe for pressure applications and

 A defect in the service has occurred which is not readily visible or apparent and Council is satisfied that there has been immediate and effective action to make repairs and

 A copy of the invoice from a licensed plumber for the repairs has been provided to Council

The variation to an account will reduce the charges to an amount which is the lesser of the actual metered amount or twice the average water usage for the property as determined using three (3) previous equivalent billing periods not affected by the unseen leak.

General Manager Report – LATE

ITEM 9.10 SF1865 140813 Adin Street Reserve, Scotts Head - Proposed 21 Year Lease - Additional Submissions

18/13 Resolved: (Ainsworth/Flack)

That the information concerning the support of Mr Christopher Preston and Mr Dennis Houghton to the proposed 21 year lease of part of the Adin Street Reserve to the NSW Crown Holiday Parks Trust be received.

Cr MacDonald left the meeting for Item 9.11 at 12.04 pm and returned after the conclusion of the item at 12.15pm.

General Manager Report – LATE

ITEM 9.11 SF844 140813 Bowraville Off River Water Storage - Amendments to Part 5 Approval

19/13 RESOLVED: (Ainsworth/Finlayson)

That Council approve the proposed amendments to the EIS requirements to permit surface burning and a change to the dust monitoring methodology.

For: Councillors Ainsworth, Finlayson, Hoban, Morrison, South (Total 5)

Against: Councillors Ballangarry, Flack Smyth (Total 3)

Cr Flack recorded her vote against the resolution because Council had not considered other options other than burning; for example using the material in swales and windrows to work as filters to improve water quality in the dam and to minimise carbon emissions.

General Manager Report – LATE

ITEM 9.12 LF6107 140813 Provision of legal access to 11 and 11A Bemago Street, Nambucca Heads

20/13 Resolved: (Finlayson/Flack)

1 That Council as Trust Manager agree to relinquish the section of public reserve 56790 which is required for the provision of access to No’s 11 and 11A Bemago Street, Nambucca Heads.

2 That Council acquire by compulsory process the proposed access across public reserve 56790 pursuant to the Land Acquisition (Just Terms Compensation) Act 1991.

3 That council exclude minerals from the proposed acquisition.

4 That Council advise that the proposed acquisition is not for the purpose of resale.

5 That Council seek approval for the proposed acquisition from the Minister for Local Government and the Governor.

6 Upon acquisition of the section of public reserve required for access to No’s 11 and 11A Bemago Street, it be dedicated as public road.

7 That common seal of Council be affixed to all documents associated with the proposed acquisition, if necessary.

8 There be a further report to Council on the circumstances relating to the construction of a shed and other improvements at the rear of 11A Bemago Street on the Alpha Street road reservation.

Assistant General Manager Corporate and Community Services Report

ITEM 10.1 SF1026 140813 Conduct of Local Government Elections to 2016

21/13 Resolved: (Flack/Finlayson)

That Nambucca Shire Council (“the Council”) resolves:

1 Pursuant to s. 296(2) and (3) of the Local Government Act 1993 (NSW) (“the Act”) that an election arrangement be entered into by contract for the Electoral Commissioner to administer all elections of the Council.

2 Pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, that a council poll arrangement be entered into by contract for the Electoral Commissioner to administer all council polls of the Council.

3 Pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, that a constitutional referendum arrangement be entered into by contract for the Electoral Commissioner to administer all constitutional referenda of the Council.

ITEM 10.2 SF1875 140813 Review Of Investment Of Surplus Funds Policy & Strategy

22/13 Resolved: (Finlayson/MacDonald)

That the Councillors consider the draft Investment of Surplus Funds Policy and Strategy and provide any comments to the General Manager so that it can be reported to the next meeting of Council.

ITEM 10.3 SF894 140813 Community Briefing Program - Coal Seam Gas (CSG)

23/13 Resolved: (Flack/South)

Council note that NSW Trade & Investment, Resources and Energy Division cancelled the briefing.

ITEM 10.4 SF1823 140813 Outstanding DA's greater than 12 months, applications where submissions received not determined to 16 July - 2 August 2013

24/13 Resolved: (Ainsworth/Finlayson)

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

ITEM 10.5 SF251 140813 Schedule of Council Public Meetings

25/13 Resolved: (Flack/Morrison)

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

ITEM 10.6 SF1897 140813 Scotts Head Events Committee of Management AGM - 14 May 2012 - Minutes

26/13 Resolved: (Ainsworth/Flack)

1 That Council endorse minutes of the Committee of Management for the Scotts Head Events Annual General Meeting held on 14 May 2012.

2 That the Guide to Operations and Delegations of Authority be updated to include reference to the Scotts Head Events Committee and to delete reference to the Scotts Head New Year’s Eve Committee of Management.

ITEM 10.7 SF325 140813 Gordon Park Tennis Centre Committee of Management - Annual General Meeting - 25 July 2013 - Minutes

27/13 Resolved: (Flack/Finlayson)

That Council endorse the minutes of the Committee of Management Gordon Park Tennis Centre’s Annual General Meeting which was held on 25 July 2013 and that Council thank the outgoing Committee for their work in 2012/2013.

Assistant General Manager Engineering Services Report

ITEM 11.1 SF1031 140813 Relocation of the primary NSW Rural Fire Service Control Centre from Nambucca Emergency Operation Centre to Kempsey Fire Control Centre

28/13 Resolved: (Flack/Finlayson)

1 That Council receive and note the report.

2 That Council advise the Rural Fire Service Zone Manager Lower North Coast of Council’s disappointment that the Rural Fire Service had not formally notified Council of the decision prior to the relocation to Kempsey and the move had not been placed on the agenda of the Liaison meeting that was scheduled for 11 July 2013 nor raised at the previous meeting held 11 April 2013.

3 That Council write to the Rural Fire Service asking them what their proposed service level for the future is and from that what their accommodation arrangements are likely to be.

ITEM 11.2 LF3590 140813 Request for donation for Section 138 General Works Application Fee - Macksville High School

29/13 Resolved: (Flack/South)

That Council donate the amount of $110.00 being the amount equivalent of the Section 138 General Works Application Fee to the Macksville High School for the production of a mural on the school retaining wall in Boundary Street, Macksville.

ITEM 11.3 SF86 140813 Appointment of State Emergency Service Acting Volunteer Local Controller

30/13 Resolved: (Flack/MacDonald)

1 That Council acknowledges the advice of the appointment of Phillip Ashcroft as the Nambucca Shire Council State Emergency Service Acting Volunteer Local Controller for a six month period.

2 That Council formally thank Mr Paul Hendriks and Mr Peter Shales being the joint Acting Volunteer Local Controllers for the Nambucca SES Unit.

ITEM 11.4 SF1031 140813 New Draft Policy - Road Signage on Public Land

31/13 Resolved: (Finlayson/Ainsworth)

1 That Council place the draft policy “Road Signage on Public Land” on public exhibition for a period of 28 days for public comment with a view to adopting the policy once any comment has been considered.

2 That Council in accordance with the Local Government Act Regulation, advertise the proposed new fees and charges associated with the draft policy “Road Signage on Public Land” for a period of 28 days as follows:

a) non-refundable application fee of $150.00 for processing the application

b) a non-refundable licence fee of $250.00 for a 5 year approval period

c) purchase of signage material and installation of the sign at Applicant’s cost.

3 That Council forward the draft policy “Road Signage on Public Land” to the Macksville & District Chamber of Commerce & Industry; the Nambucca Heads Chamber of Commerce & Industry; Bowraville & District Chamber of Commerce & Industry and the Nambucca Valley Tourism Association Incorporated for their comment.

ITEM 11.5 SF1031 140813 Review of Policy - Trees and Street Gardens Maintenance and Removal of Trees and Street Gardens on Public Land Managed by Council

32/13 Resolved: (Morrison/Ainsworth)

That the tree policy presented to Council be again presented after Councillors have had sufficient time to comment on the amendments presented by Councillors and in view of the previous motion of Council, namely “Tree Removal (SF629) containing the 6D principles, be incorporated in the present motion”.

Councillor Ballangarry left at 1.35pm and before the consideration of this item.

ITEM 11.6 SF90 140813 Proposed Installation of a Pedestrian Refuge on Bellwood Road Nambucca Heads

33/13 Resolved: (Smyth/Flack)

1 That in the event 100% of the funding is not forthcoming from Roads and Maritime Services (RMS), that Council install a pedestrian refuge island on Bellwood Road Nambucca Heads at a cost of approximately $25,000 funded through Council’s working fund and or Section 94a contributions or RMS contributions.

2 That Council amend the plan showing the pedestrian refuge in Bellwood Road at a location closer to the entry of McDonald’s restaurant as a majority of pedestrians crossing manoeuvres occur at this location and advise the Access Committee of the change.

ITEM 11.7 RF492 140813 Deer Hill Road , Buckra Bendinni – Road Opening and Closing

34/13 Resolved: (Finlayson/Flack)

1 That Council acquire by compulsory process for road purposes pursuant to the Land Acquisition (Just Terms Compensation) Act 1991 Lots 1, 2 and 5 DP 1186557.

2 That Council dedicate Lot 5 as public road in lieu of transfer of lots 1 & 2 to Sureshore Pty Ltd as full compensation.

3 That Council exclude minerals from the proposed acquisition.

4 That Council advise that the proposed acquisition is not for the purpose of resale.

5 That Council seek approval for the proposed acquisition from the Minister for Local Government and the Governor.

6 That the common seal of Council be affixed to all documents associated with the acquisition, if necessary.

7 That Council amend the Assets Road Register to reflect that Deer Hill Road is now a dedicated public road once the transfer has been finalised.

ITEM 11.8 SF408 140813 Acquisition of Crown land for easement and road purposes on Wallace Street and Upper Warrell Creek Road Macksville

35/13 Resolved: (Finlayson/Ainsworth)

1 That Council acquire by compulsory process an easement for services variable width, designated (E) in DP 1186582, for infrastructure purposes pursuant to the Land Acquisition (Just Terms Compensation) Act 1991.

2 That Council exclude minerals from the proposed acquisition.

3 That Council advise that the proposed acquisition is not for the purpose of resale.

4 That Council seek approval for the proposed acquisition from the Minister for Local Government and the Governor.

5 That the common seal of Council be affixed to all documents associated with the proposed acquisition, if necessary.

6 That Council advise the applicant in DA2009/087 that they are required to pay all costs related to the acquisition of the easement for services including, but not limited by, legal, valuation, administration fees and the amount of compensation payable to the Crown.

ITEM 11.9 RF201 140813 Acquisition of land for access for Shelly Beach Road Nambucca Heads

36/13 Resolved: (Flack/Smyth)

1 That Council in its capacity as Trust Manager for Reserve 47599 agree to the Acquisition of Road to Shelley Beach from the intersection east of Pilot Street, encompassing road access to the beach and Captain Cook Lookout.

2 That Council seek the consent from Crown lands for the acquisition of the proposed road reserve.

3 That Council open a road 20 metres wide and variable over the parts of the formation of Shelley Beach Road in an easterly direction from the intersection of Pilot Street to the mean high water mark at the boat ramp (including car parking area) and up to the Captain Cook Lookout (including car parking area) and as shown on attached plan.

4 That Council amend the Road Asset Register once all works are finalised.

5 Council allocate an amount of $6000.00 for costs associated with the road opening including (but not limited by) survey, legal, valuation and Council fees from Council working funds towards the acquisition of the road to Shelley Beach in an easterly direction from the intersection of Pilot Street, encompassing road access to the beach and the Captain Cook Lookout.

ITEM 11.10 SF929 140813 Creation of a title for the Visitor Information Centre

37/13 Resolved: (Finlayson/South)

1 That Council acquire by compulsory process the site of the Nambucca Valley Visitor Information Centre (Riverside Drive, Nambucca Heads) and shown as Lot 1 in DP 1186247 for infrastructure purposes pursuant to the Land Acquisition (Just Terms Compensation) Act 1991.

2 That Council exclude minerals from the proposed acquisition.

3 That Council advise that the proposed acquisition is not for the purpose of resale.

4 That Council seek approval for the proposed acquisition from the Minister for Local Government and the Governor.

5 That the common seal of Council be affixed to all documents associated with the proposed acquisition, if necessary.

ITEM 11.11 RF266 140813 Closure and realignment of Argues Road and part of Higginbotham Road Upper Taylors Arm

38/13 Resolved: (Finlayson/Ainsworth)

1 That Council agree to the realignment of Argues Road from Taylors Arm Road to Carson’s Road and part of Higginbotham Road until the common boundary of Lot 28 in DP 755547 and Lot 3 in DP 661822 under road opening and closure as shown on the plan attached to this report (TRIM Ref: 18771/2013), subject to survey, provided that:

a) Consent is received from all land owners;

b) An agreement be entered into between the land owners and Council for;

i) Nil compensation for land that is to be resumed for road purposes for the land that is to be closed and transferred to the adjoining property owner; and

ii) Nil expense to the adjoining property owners for the survey, legal, valuation and Council fees.

2 That Council open a road 20 metres wide over the parts of the formation of Argues Road from Taylors Arm Road to Carson’s Road which encroaches upon land owned by Mr J B and Mrs P Z Argue, Mr A M Laverty and the land owned by Mr P J Argue and any costs associated with the road opening be paid by Council including (but not limited by) survey, legal, valuation and Council fees.

3 That Council open a road 20 metres wide over the parts of the formation of Higginbotham Road from intersection with Argues Road to common boundary between Lot 28 in DP 755547 and Lot 33 in DP 661822 which encroaches upon land owned by Mr J B and Mrs P Z Argue and any costs associated with the road opening be paid by Council including (but not limited by) survey, legal, valuation and Council fees.

4 That Council carry out the road realignment survey concurrently on the same plan to minimise costs attributed to this work.

5 That Council amend the Road Asset Register once all works are finalised.

6 That Council classify the section of road as a Category 4 under Council’s Road Hierarchy plan once all works are finalised.

ITEM 11.12 SF453 140813 Waste Management Quarterly Report April - June 2013

39/13 Resolved: (MacDonald/South)

That Council receive and note the information provided in the Waste Management Quarterly Report for the period 1 April – 30 June 2013.

ITEM 11.13 SF683 140813 Tender T121314MNC Collection, Sorting and Removal of Ferrous and Non-Ferrous Scraps Metals and Used Lead Acid Batteries (ULABs)

40/13 Resolved: (Ainsworth/Finlayson)

That Council adopt the preferred tenderer for T121314MNC Collection, Sorting and removal of Ferrous and Non-Ferrous Scrap Metals and Used lead Acid Batteries identified in the report in the closed section.

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

Resolved: (Ainsworth/MacDonald)

That Council go into closed

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 PV4/2013 140813 Outcome of Recruitment for the Positions of Assistant General Manager Corporate Services and Assistant General Manager Development, Environment & Community Services

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 SF683 140813 Tender T121314MNC Collection, Sorting and Removal of Ferrous and Non-Ferrous Scraps Metals and Used Lead Acid Batteries (ULABs)

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 1.50 pm.

RESUME IN OPEN MEETING

Resolved: (Flack/Smyth)

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 2.08 pm.

FROM COUNCIL IN CLOSED MEETING

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1 PV4/2013 140813 Outcome of Recruitment for the Positions of Assistant General Manager Corporate Services and Assistant General Manager Development, Environment & Community Services

41/13 Resolved: (Flack/Smyth)

1 That Council note the offer of employment for the position of Assistant General Manager Corporate Services.

2 That an appointment to the position of Assistant General Manager Development, Environment and Community Services be deferred pending a further report to Council on the management of this section.

For Confidential Business Paper in Closed Meeting

ITEM 12.2 SF683 140813 Tender T121314MNC Collection, Sorting and Removal of Ferrous and Non-Ferrous Scraps Metals and Used Lead Acid Batteries (ULABs)

42/13 Resolved: (Flack/Ainsworth)

That the Tender T121314MNC submitted by Matthews Metal Management offering a schedule of prices to be paid for the Collection, Sorting And Removal Of Ferrous And Non-Ferrous Scrap Metals And Used Lead Acid Batteries being the most advantageous to Council be accepted for a tender period of 2 years commencing 1 September 2013 and terminating 30 September 2015 with a further 1 year option that may be taken up based on satisfactory performance by the successful Tenderer.

CLOSURE

There being no further business the Mayor then closed the meeting the time being 2.10 pm.

Confirmed and signed by the Mayor on 29 August 2013.

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)