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

Pastor Peter Lott from the Christian Life Centre offered a prayer on behalf of the Nambucca Minister's Association.

DISCLOSURE OF INTEREST

Councillor R Hoban declared a non-pecuniary significant conflict of interest in Item 12.3 Outcome of "Without Prejudice" Conciliation Negotiations - Valla Quarry under the Local Government Act as Cr Hoban was involved in negotiating the original conditions of consent for this quarry prior to becoming a Councillor. Cr Hoban left the meeting for this item.

CONFIRMATION OF MINUTES - Ordinary Council Meeting 29 January 2015

660/15 RESOLVED: (MacDonald/Smyth)

That the minutes of the Ordinary Council Meeting of 29 January 2015 be confirmed subject to the following amendment:

Page 9 Item 9.2 resolution no 643/15 Resolution should read:

“That Council defer Item c to receive an alternative option being an environmental “E” zoning.”

NOTICE OF MOTION - CR Morrison

ITEM 5.1 SF2049 120215 Notice of Motion - Commercial Fishing in the Nambucca River (SF1496)

661/15 RESOLVED: (Morrison/Ainsworth)

That Council write to the Senior Fisheries Manager at NSW Fisheries in Coffs Harbour with a copy to our Local Member requesting the following information:

i. How many commercial licenses have been issued in region 3?

ii. The names of the people who hold the commercial licenses.

iii. The date when the various commercial licenses were issued?

iv. How many people from the commercial licenses issued live in the Nambucca Shire?

v. The number of families that hold more than one commercial license and list the number of commercial licenses held by that family.

vi. The amount paid for each commercial license and periodic fees?

vii. The period of validity of each commercial license?

viii. The amount of fish caught in region 3 by variety for the last 10 years.

ix. The amount of fish caught by each commercial license holder for the last five years.

x. How many research projects have been conducted in the Nambucca region 3 concerning fish and fish habitat in the Nambucca River and estuaries. Kindly list these research projects?

xi. In a recent press release by DPI it was stated “Reviews are undertaken periodically, approximately every five years, to ensure healthy and sustainable fish stocks. Could you please advise when the last review was undertaken with particular mention of the region 3 area and provide a copy of that review?

xii That Council ask how far up the Nambucca River commercial fishers are allowed to net and are there any restrictions on the times commercial fishers can fish.

DELEGATIONS

RESOLVED:

That the following delegations be heard:

ITEM 9.2 Management of Bookings at the Visitor Information Centre

i) Mr Dave Banks who is speaking against the recommendation.

ITEM 10.1 Final Community Facilities and Public Open Space Strategy 2015

i) Ms Colleen Henry on behalf of Nambucca Shire Council

Mr Banks addressed Council.

ITEM 9.2 SF929 120215 Management of Bookings at the Visitor Information Centre

662/15 RESOLVED: (Flack/Smyth)

That Council advise Nambucca Valley Tourism Inc. that it intends to transfer responsibility for the reconciliation of the BookEasy bookings (cash, EFTPOS and credit) and the remittance to operators from Council’s Finance Section to the Nambucca Valley Tourism Association as of 1 July 2015.

DELEGATIONS continued

Ms Henry addressed Council.

ITEM 10.1 SF544 120215 Final Community Facilities and Public Open Space Strategy 2015

663/15 RESOLVED: (Ainsworth/Flack)

That Council adopt the Final Community Facilities and Public Open Space Strategy 2015.

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 120215 Outstanding Actions and Reports

664/15 RESOLVED: (Ainsworth/Finlayson)

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

Item 9.2 was dealt with under Delegations.

ITEM 9.3 SF98 120215 Naming the Old Pacific Highway

665/15 RESOLVED: (Ainsworth/Smyth)

That Nambucca Shire Council, in conjunction with Bellingen Shire Council advertise, subject to prior consultation and agreement with Muurabyy Language Centre, its intention to adopt the name “Giinagay Way” for the existing Pacific Highway alignment that will be by-passed across the two local government areas.

ITEM 9.4 SF314 120215 Future of Grants Hall

666/15 RESOLVED: (Ainsworth/Smyth)

That Council seek expressions of interest in the leasing of Grants Hall.

ITEM 9.5 SF688 120215 Environmental Levy - Revegetation and Restoration Project

667/15 RESOLVED: (Flack/Smyth)

1 That Council allocate $30,000 of unallocated Environmental Levy funds to the commencement of a program of landscape restoration within Council reserves.

2 That any Council contractors affected by the proposed restoration works be notified and fees adjusted appropriately.

ITEM 9.6 SF1947 120215 Outstanding DA's greater than 12 months, applications where submissions received not determined from 21 January to 4 February 2015

668/15 RESOLVED: (Ainsworth/South)

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

669/15 RESOLVED: (Flack/Smyth)

That Council staff, once the timeframe has expired and the requested information has not been provided that the applicant is given the opportunity to withdraw the application otherwise it will be put to Council with a recommendation for refusal.

ITEM 9.7 SF2021 120215 Official Opening of the Bowraville Off River Water Storage

670/15 RESOLVED: (Ainsworth/Ballangarry)

1 That the arrangements for the official opening of the off river water storage at 12 noon on Saturday 28 February 2015 be noted.

2 That the off river water storage be officially known as “Bowra Dam” and the Geographical Names Board of NSW be advised accordingly.

Assistant General Manager Corporate Services Report

Item 10.1 was dealt with under Delegations.

ITEM 10.2 SF251 120215 Schedule of Council Public Meetings

671/15 RESOLVED: (Flack/South)

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

ITEM 10.3 SF309 120215 Transfer of Ownership - Bowraville Folk Museum from Council to Bowraville Folk Museum Inc

672/15 RESOLVED: (Ainsworth/MacDonald)

That Council note the transfer of ownership of the Bowraville Folk Museum to the Bowraville Folk Museum Inc was completed on 17 December 2014.

ITEM 10.4 SF307 120215 Coronation Park Committee of Management - Minutes of Annual General Meeting - 17 November 2014

673/15 RESOLVED: (MacDonald/Ballangarry)

That Council endorse the Minutes of the Committee of Management for Coronation Park’s Annual General Meeting held on 17 November 2014 and thank the outgoing Committee for their work in the past twelve months.

ITEM 10.5 SF1931 120215 Write Off - Sundry Debtor – NSW Heritage And DSRD Industry Land Strategy (SF1686)

674/15 RESOLVED: (MacDonald/Ballangarry)

That Council write off the sundry debts of $12,130.90 owed to Council by NSW Heritage and $5,723.00 by DSRD Industry Land Strategy.

Amendment: (Morrison/Ainsworth)

That Council write to the organisations concerned regarding the money owed.

The amendment was LOST.

ITEM 10.6 SF1991 120215 Investment Report To 31 January 2015

675/15 RESOLVED: (MacDonald/Ballangarry)

That the Accountants’ Report on Investments placed to 31 January 2015 be noted.

Assistant General Manager Engineering Services Report

ITEM 11.1 SF1696 120215 Result of T501415NAM Tender for Supply and Delivery of Electricity to Small Mass Market Sites

676/15 RESOLVED: (Flack/Ainsworth)

That Council acknowledge that the offer from Origin Energy to supply retail energy to Council’s small non-contestable sites for a period of 24 months has been accepted to commence from 1 February 2015.

ITEM 11.2 SF1696 120215 Results of RA491415NAM Reverse Auction for supply of Electricity for Contestable Metered Sites and Street Lighting

677/15 RESOLVED: (Smyth/Ainsworth)

1 That Council acknowledge that the offer from ERM Power for the supply of electricity to its contestable sites for a period of 24 months has been accepted to commence from 1 January 2016.

2 That Council acknowledge that the offer from ERM Power for the supply of electricity to its street lighting for a period of 24 months has been accepted to commence 1 January 2016.

ITEM 11.3 SF453 120215 Waste Management Quarterly Report October - December 2014

678/15 RESOLVED: (Flack/Ballangarry)

That Council receive and note the information provided in the Waste Management Quarterly Report for the period October – December 2014.

Assistant General Manager Engineering Services Report – LATE

ITEM 11.4 SF85 120215 2015/2016 NSW Rural Fire Services 'BID'

679/15 RESOLVED: (Flack/Ainsworth)

1 That Council:

a) endorse Option 4 being an allocation outside the realms of rate pegging levy imposed by the State Government for the Rural Fire Service “BID” for 2015/16 financial year being an amount of $220,220.00 - a net increase of 4.5% from the 2014/15 budget.

b) Council thank the Rural Fire Service Zone Manager for the Lower North Coast Zone for his concerted effort to endeavour to provide a 2015/16 Rural Fire Service “BID” for the Nambucca Shire Council within the realms of the rate pegging levy and advise that Council is unable to fund the proposed plant replacement this financial year.

c) Council seek a ten year financial plan on the plant replacement and infrastructure upgrade from the Rural Fire Service Zone Manager for the Lower North Coast Zone that can be included into Council’s long term financial planning and asset management plans.

2 That Council write to the Commissioner for the NSW Rural Fire Service, the Minister for Police and Emergency Services and the Deputy Premier, The Hon Andrew Stoner MP advising that:

a) Council considered the two options presented by the Rural Fire Service Zone Manager for the Lower North Coast Zone 2015/16 Rural Fire Service “BID” at Council’s meeting on 29 January 2015 and advise that Council was unable to fund the proposed plant replacement within the options presented this financial year as the contribution was in excess of the realms of the rate pegging levy imposed by the State Government.

b) The 2015/16 Rural Fire Service “BID” of $2202,20.00 - a net increase of 4.5% from the 2014/15 budget has been endorsed by Council at its meeting on 12 February 2015 and that Council will not endorse any further increases to the draft bid as presented.

c) Council acknowledge that the Rural Fire Service Zone Manager for the Lower North Coast Zone has endeavoured to again provide a 2015/16 Rural Fire Service “BID” for the Nambucca Shire Council within the realms of the rate pegging levy.

d) That Council is unable to fund the proposed plant replacement in Option one and two presented by the Rural Fire Service Zone Manager for the Lower North Coast Zone this financial year under the current economic climate

e) Council has requested a ten year financial plan on the plant replacement and infrastructure upgrade from the Rural Fire Service Zone Manager for the Lower North Coast Zone that can be included into Council’s long term financial planning and asset management plans.

f) Trust that the Commissioner for the Rural Fire Service and State Government will adhere to the same parameters of the rate pegging levy imposed onto Local Government.

g) Request the Commissioner for the Rural Fire Service and Minister for Police and Emergency Services to provide a full detailed breakdown of the State expenditure that encompasses PART B of the RFS budget to ensure open transparency of the RFS budget when Council presents its budget to the Nambucca community.

The meeting adjourned at 8.00 pm.

The meeting resumed at 8.30 pm.

The Mayor left the meeting for item 12.3 in closed at 8.30 pm.

The Deputy Mayor, Cr Ainsworth took the Chair for the remainder of the meeting.

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

680/15 RESOLVED: (Ainsworth/Ballangarry)

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 SF1696 120215 T501415NAM Tender for Supply and Delivery of Electricity to Small Mass Market Sites - Confidential Attachment

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 SF1696 120215 RA491415NAM Reverse Auction for supply of Electricity for Contestable Metered Sites and Street Lighting - Confidential Attachment

For Confidential Business Paper in Closed Meeting

ITEM 12.3 DA2001/096 120215 Outcome of "Without Prejudice" Conciliation Negotiations - Valla Quarry

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 8.30 pm.

RESUME IN OPEN MEETING

Resolved: (Finlayson/Morrison)

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 9.56 pm.

FROM COUNCIL IN CLOSED MEETING

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1 SF1696 120215 T501415NAM Tender for Supply and Delivery of Electricity to Small Mass Market Sites - Confidential Attachment

resolved:

This item was considered in conjunction with Item11.1.

For Confidential Business Paper in Closed Meeting

ITEM 12.2 SF1696 120215 RA491415NAM Reverse Auction for supply of Electricity for Contestable Metered Sites and Street Lighting - Confidential Attachment

resolved:

This item was considered in conjunction with Item 11.2.

For Confidential Business Paper in Closed Meeting

ITEM 12.3 DA2001/096 120215 Outcome of "Without Prejudice" Conciliation Negotiations - Valla Quarry

681/15 RESOLVED: (Finlayson/MacDonald)

1 That Council endorse the proposed agreement arising out of the Section 34 conciliation conference for Quarry Solutions Pty Ltd -v- Nambucca Shire Council (Land and Environment Court Proceedings No. 14/10844) subject to the plaintiff’s agreement to additional conditions as discussed in Closed Meeting.

2 That Council review the Section 94 Contribution Plan for Mines and Extractive Industries.

3 That Council ask the Local Traffic Committee to reconsider the speed limit on Valla Road, particularly between the Pacific Highway and the entrance to the Valla Quarry.

CLOSURE

There being no further business the Deputy Mayor then closed the meeting the time being 9.57 pm.

Confirmed and signed by the Mayor on 26 February 2015.

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)