Minutes of Ordinary Council Meeting

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)	Scott Norman (AGM Corporate Services)
Paul Gallagher (AGM Engineering Services)	Monika Schuhmacher (Minute Secretary)

PRAYER

Father Michael from the Catholic Church offered a prayer on behalf of the Nambucca Minister's Association.

DISCLOSURE OF INTEREST

Councillor K MacDonald declared a pecuniary interest in Item 11.1 Nambucca District Water Supply Steering Committee meeting - 5 February 2014 under the Local Government Act as Cr MacDonald employers are the fuel contractors to multiple dam contractors including Haslin Construction. Cr MacDonald left the meeting for this item.

Councillor Smyth declared a non-pecuniary less significant conflict of interest in Item 9.6 Flying Fox in Gordon Park under the Local Government Act as Cr Smyth is a member fo the Gordon Park Rainforest Committee.

CONFIRMATION OF MINUTES - Special Meeting of Council 20 February 2014

96/14 RESOLVED: (Ainsworth/South)

That the minutes of the Special Meeting of Council of 20 February 2014 be confirmed.

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.

97/14 Resolved: (Flack/Ballangarry)

That Council bring Item 9.5 Dilapidated and Unsafe Part of Building - 60 High Street Bowraville forward as there are interested parties in the Gallery.

ITEM 9.5 LF291 270214 Dilapidated and Unsafe Part of Building - 60 High Street Bowraville

Motion: (Flack/Ballangarry)

That Council consider the content of this report and take effect to the Order by seeking quotations for the works identified in the report by Ron Hawkins dated 12 July 2012.

Amendment: (Ainsworth/Finlayson)

That Council consider the content of this report and take effect to the Order by seeking quotations for repair or demolition of the property identified in the report by Ron Hawkins dated 12 July 2012.

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

98/14 Resolved: (Ainsworth/Finlayson)

General Manager Report

ITEM 9.1 SF959 270214 Outstanding Actions and Reports

99/14 RESOLVED: (Flack/Smyth)

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

ITEM 9.2 SF894 270214 Local Government Acts Taskforce - Report on a New Local Government Act for New South Wales

100/14 RESOLVED: (Smyth/South)

That Council make a submission to the Division of Local Government supporting the recommendations of the Local Government Acts Taskforce in removing unnecessary prescription from the Local Government Act and proposing principles based legislation that is sufficiently flexible to support the local government sector.

ITEM 9.3 SF894 270214 "Revitalising Local Government" - Final Report of the NSW Independent Local Government Review Panel October 2013

Motion: (Ainsworth/Ballangarry)

That Council advise the Division of Local Government that it is broadly supportive of the recommendations of the Final Report of the NSW Independent Local Government Review Panel subject to the member councils of the North Coast Joint Organisation having input into the regional functions to be allocated to the Joint Organisation.

Amendment: (Flack/MacDonald)

That this matter be deferred to Council’s meeting on 27 March 2014 to allow Councillors to provide comment and consider the draft submission.

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

101/14 Resolved: (Flack/MacDonald)

That this matter be deferred to Council’s meeting on 27 March 2014 to allow Councillors to provide comment and consider the draft submission.

ITEM 9.4 SF1479 270214 Expression of Interest for Rent and Sale of Lots 11 and 12 DP 884337 Railway Road, Nambucca Heads

102/14 RESOLVED: (Ainsworth/MacDonald)

1 Council provide the Mayor, General Manager and Manager Business Development with delegated authority to enter into a rental agreement for proposed lots 11 and 12 where they are unanimous as to an appropriate price and terms.

2 There be a further report to Council on the proposed sale of proposed lots 11 and 12.

Item 9.5 was dealt with earlier in the meeting.

ITEM 9.6 PRF28 270214 Flying Fox in Gordon Park

103/14 RESOLVED: (Flack/Smyth)

That Council schedule an inspection of Gordon Park to observe the flying fox colony and to hear from representatives of the Gordon Park Rainforest Committee of Management.

ITEM 9.7 SF844 270214 Relaxation of Flow Rules for the Filling the Bowraville Off River Water Storage

104/14 RESOLVED: (Flack/Ainsworth)

That Council prepare a Dam Filling Options report as described in the letter from the Commissioner of the NSW Office of Water and undertake consultation with Fisheries, the Environment Protection Authority and downstream landholders.

ITEM 9.8 SF1947 270214 Outstanding DA's greater than 12 months, applications where submissions received not determined from 23-14 February 2014

105/14 RESOLVED: (Finlayson/Ballangarry)

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

General Manager Report – LATE

Cr MacDonald left the meeting at 6.37 pm and returned after the conclusion of this item at 6.38 pm.

ITEM 9.9 SF1669 270214 Bowraville Off River Water Storage - Extension for Insurance for Works and Public Liability

106/14 RESOLVED: (Ainsworth/South)

1 That Council note the acceptance of the pro-rata extensions for contract works material damage and public liability insurances for the Bowraville Off River Water Storage.

2 That Council note the extenuating circumstances for not going to tender on the insurance policies being that NSW Public Works arranged for the brokering of the original policies; that the extensions are pro-rata the original policies; and that given the on-going delays in achieving practical completion of the dam it would be difficult, if not impossible, to go through a tender process for the insurance extensions.

Assistant General Manager Corporate Services Report

ITEM 10.1 SF1870 270214 Budget Review December 2013

107/14 RESOLVED: (MacDonald/Ainsworth)

1 That the budget review for the quarter ended 31 December 2013 be received.

2 That the recommended increases and decreases in votes be included as subsequent votes for the financial year 2013/2014.

108/14 Resolved: (Smyth/Flack)

That Council receive a detailed report on the Nambucca Heads Skate Park and Valla Quarry legal costs and a breakdown of the legal costs generally; the surplus in regard to the sale of the three lots in Short Street Nambucca Heads; and the unforeseen saleyard maintenance expense of $7,800.

ITEM 10.2 SF544 270214 Contributions Status Report

109/14 RESOLVED: (Flack/Smyth)

1 That Council repeal the Hyland Park Road, Scotts Head Grassy Head Road Intersection and Bald Hill Road Contributions Plans.

2 That Council note the need and proposed process to update the Valla Beach Road Railway Overbridge Plan.

3 That Council adopt the final works schedule for the Community Facilities and Public Open Space Plan which will come into effect from the date of Council’s decision.

4 That Council put the plan for Stuart Island onto its website with a link from this home page..

ITEM 10.3 SF1897 270214 Scotts Head Events Committee of Management AGM - 16 September 2013 - Minutes

110/14 RESOLVED: (Ainsworth/MacDonald)

That Council endorse minutes of the Committee of Management for the Scotts Head Events Annual General Meeting held on 16 September 2013.

ITEM 10.4 SF336 270214 Taylors Arm Hall Committee of Management - Minutes of Annual General Meeting - 11 December 2013

111/14 RESOLVED: (Flack/Smyth)

That Council endorse the Minutes of the Committee of Management for the Taylors Arm Hall Annual General Meeting held on 11 December 2013 and thank the Committee for their continued good work in the past twelve months.

ITEM 10.5 SF343 270214 Valla Public Hall Committee of Management AGM - 28 August 2013 - Minutes

112/14 RESOLVED: (Flack/Smyth)

That Council endorse the Minutes of the Committee of Management for the Valla Public Hall’s Annual General Meeting held on 28 August 2013 and thank the outgoing Committee for their work in the past twelve months.

ITEM 10.6 SF342 270214 Valla Beach Tennis Club Inc Committee of Management - Minutes of AGM 10 February 2014

113/14 RESOLVED: (Smyth/Flack)

That Council endorse the Valla Beach Tennis Courts Committee of Management’s minutes of the Annual General Meeting held on 10 February 2014 and thank the outgoing Committee for their work in the past twelve months.

Assistant General Manager Corporate Services Report - LATE

ITEM 10.7 SF25 270214 Donations Program (Section 356) 2014/2015 - Bowraville War Memorial Refurbishment

114/14 RESOLVED: (MacDonald/South)

That Council approve a $1,000 donation from the Section 356 allocation and that arrangements be made to carry out the in-kind work.

Assistant General Manager Engineering Services Report

Cr MacDonald left the meeting at 6.51 pm and returned after the conclusion of the item at 6.52 pm.

ITEM 11.1 SF844 270214 Nambucca District Water Supply Steering Committee meeting - 5 February 2014

115/14 RESOLVED: (Ainsworth/South)

That Council adopt the minutes of the Water and Sewerage Steering Committee Meeting held on 5 February 2014.

ITEM 11.2 DA2011/071 270214 Request to Reduce Fees - Nambucca Valley Care and Autumn Lodge Footpath Occupation

Motion: (Flack/Smyth)

That Council acknowledge a request from Nambucca Valley Care for a reduction in the fee charged for footpath occupation for works at Autumn Lodge extending into the road reserve and advise that Council are unable to accede to their request.

Amendment: (Hoban/Ainsworth)

That council investigate whether Nambucca Valley Care meets the requirement of the Local Government Act for a consideration in the reduction in fees and if not that Council acknowledge a request from Nambucca Valley Care for a reduction in the fee charged for footpath occupation for works at Autumn Lodge extending into the road reserve and advise that Council are unable to accede to their request.

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

116/14 Resolved: (Hoban/Ainsworth)

That council investigate whether Nambucca Valley Care meets the requirement of the Local Government Act for a consideration in the reduction in fees and if not that Council acknowledge a request from Nambucca Valley Care for a reduction in the fee charged for footpath occupation for works at Autumn Lodge extending into the road reserve and advise that Council are unable to accede to their request.

117/14 Resolved: (Flack/Morrison)

That staff review the fees and charges for footpath occupancy in terms of their reasonableness.

ITEM 11.3 SF90 270214 Nambucca Shire Traffic Committee Meeting Minutes - 4 February 2014

118/14 RESOLVED: (MacDonald/Smyth)

1 That Council receive and note the minutes of the Nambucca Shire Traffic Committee held on the 4 February 2014.

2 That Council note that Australian Standards identifies the minimum sight distance requirements for the installation and use of STOP signs at intersections.

3 That Council note that the road widening and turning lanes were not conditioned when the Woolworths Service Station located on the corner of Bent and Mann Streets, Nambucca Heads, was approved, and that implementation of these requirements will be considered if there is a future change of use at the site.

4 That Council note the advice provided by the Roads and Maritime Services that the B-Double route along Pioneer Street, Nambucca Heads, does not exist.

5 That Council instigate gazettal of the B-Double route for Pioneer Street Nambucca Heads.

6 Notify the leading beneficiaries of the route advising them to apply to Council for an Application for Heavy Vehicles Route Assessment at a cost to the applicant of $450.00.

7 That Council note that the Roads and Maritime Services have responded to the following matters:

a) Bellwood Road and Pacific Highway intersection – that improvements to the area are with the RMS design section

b) Wilson Road speed limits - The RMS will undertake a review of the recently reduced speed limits in due course

c) That the concerns regarding vehicles performing U turns at 88 Pacific Highway as a result of the closure of the right turn into Willunga Avenue will be monitored by NSW Police as will the driver behaviour at this section of the Pacific Highway.

ITEM 11.4 SF843 270214 Minutes of the Vehicular Access To Beaches Committee meeting - 14 February 2014

119/14 RESOLVED: (Morrison/Smyth)

1 That the minutes of the Vehicular Access to Beaches Committee meeting held on Friday 14 February 2014 be received and noted.

2 That Council issue the Honorary Volunteer Rangers with one (1) Beach Permit annually, free of charge, in order for them to undertake their duties on the beach as a Ranger.

3 That when Council updates signage, the 1800 hotline number for reporting illegal or unethical fishing practices be included on the signs.

4 That Council pursue grant funding to erect signage at the boat ramps and fishing tables to publicise the 1800 hotline number.

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

Resolved: (South/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 SF1398 270214 Manager Community and Cultural Services - Loss of Community Builders Fixed Term (Salary) Subsidy - Proposed Change to Organisation Structure

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 SF1479 270214 Valuation Information on Proposed Lots 11 and 12, Railway Road, 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) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

CLOSED MEETING

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.09 pm.

RESUME IN OPEN MEETING

Resolved: (Ainsworth/South)

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 7.36 pm.

FROM COUNCIL IN CLOSED MEETING

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1 SF1398 270214 Manager Community and Cultural Services - Loss of Community Builders Fixed Term (Salary) Subsidy - Proposed Change to Organisation Structure

120/14 Resolved: (MacDonald/Ballangarry)

1 That Council adjust its organisation structure whereby the position of Manager Community and Cultural Services assumes responsibility for the management of Council’s tourism functions and budgets, including the operation of the Visitor Information Centre, tourism marketing and event coordination.

2 The position descriptions of the affected staff be amended accordingly.

121/14 Resolved: (Hoban/Flack)

That Council write to the State Government indicating the impact the loss of this funding has on a low socio-economic community and ask whether the Government intends implementing replacement programs and/or funding.

For Confidential Business Paper in Closed Meeting

ITEM 12.2 SF1479 270214 Valuation Information on Proposed Lots 11 and 12, Railway Road, Nambucca Heads

122/14 RESOLVED: (Ainsworth/Flack)

That the information concerning the valuation information on proposed lots 11 and 12, Railway Road, Nambucca Heads be received.

CLOSURE

There being no further business the Mayor then closed the meeting the time being 7.37 pm.

Confirmed and signed by the Mayor on 13 March 2014.

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)