Ordinary Council Meeting - 13 February 2014
LATE AGENDA††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Page
9††††††† General Manager Report
AUTHOR/ENQUIRIES:††† Michael Coulter, General Manager ††††††††
The report is short.† A summary is not required.
That Councilís seal be attached to the Deed of Release in respect of the legal proceedings against Council in the Land & Environment Court of NSW, being proceedings no. 13/40434
There are no options.† A deed of agreement has been entered into.† The deed of release will finalise the proceedings.
At Councilís meeting on 14 August 2013 it was resolved 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 the Councilís interests.
Following considerable negotiation over the terms of a Deed of Release, agreement has finally been reached between the parties.† The Deed of Release does not change the previously agreed settlement terms.† Rather the Deed discharges the Releasee (Council) from all claims in respect of the Releasors action under the Environmental Planning and Assessment Act.
The Deed requires Councilís seal and under the Local Government Act this requires a resolution of Council.
There has been considerable consultation between the solicitors for each party.
The deed of release has no implications for the environment.
The deed of release has no social implications.
The deed of release has no economic implications.
If Council does not endorse the Deed there is a risk that the legal action could continue which would result in Council incurring further costs.
Direct and indirect impact on current and future budgets
The Deed of Release has no budgetary impact.† The budgetary impact has already been incurred as a consequence of the Deed of Agreement.
Source of fund and any variance to working funds
The finalisation of the matter will result in additional unbudgeted legal costs.
Service level changes and resourcing/staff implications
There are no service level implications.