Minutes of Ordinary Council Meeting

PRESENT

Cr Rhonda Hoban (Mayor)	Cr John Ainsworth
	Cr Brian Finlayson
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)

APOLOGIES

Cr Kim MacDonald and Cr Paula Flack

PRAYER

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

DISCLOSURE OF INTEREST

Councillor R Hoban declared a non-pecuniary less significant conflict of interest in Item 9.6 Resolution of Conciliation Hearing - Valla Quarry under the Local Government Act as Cr Hoban was involved in negotiating conditions of consent for this quarry prior to becoming a Councillor. Cr Hoban left the meeting for Item 9.6

Cr Finlayson declared a non-pecuniary less than significant conflict of interest in Item 9.14 Expressions of Interest for the Provision of Legal Services, as Cr Finlayson believes there may be a public perception of favour towards particular local legal practitioners. Cr Finlayson made comment and then left the meeting for the discussion and voting on this Item.

CONFIRMATION OF MINUTES - Ordinary Council Meeting 26 March 2015

750/15 RESOLVED: (South/Morrison)

That the minutes of the Ordinary Council Meeting of 26 March 2015 be confirmed.

PUBLIC FORUM

RECOMMENDATION

That the following Public Forum be heard:

Mr Graham Laverty – wishes to raise concerns on second dwellings, granny flats and primary dwellings; and the rulings of the 2010 LEP.

751/15 Resolved: (South/Smyth)

That Mr Ian Rose be heard as a second speaker in regard to the above matter.

752/15 Resolved: (Ainsworth/South)

That Council receive a report on a review of the LEP in regard to secondary dwellings, granny flats and primary dwellings.

ASKING OF QUESTIONS WITH NOTICE

There are no questions with Notice.

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

There are no question for Closed Meeting where due Notice has been received.

General Manager Report

ITEM 9.1 SF959 160415 Outstanding Actions and Reports

753/15 RESOLVED: (Ainsworth/South)

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

ITEM 9.2 SF639 160415 Vacant Position of Information and Communications Technology Officer (Electronic Engagement)

754/15 RESOLVED: (Finlayson/Ainsworth)

That Council remove the vacant position of Information and Communications Technology Officer (Electronic Engagement) from the organisation structure.

ITEM 9.3 SF638 160415 Valla Community Pre-School Inc. - Renewal of Licence Agreement to Occupy Land & Request to Extend Footprint for a Community Garden

755/15 RESOLVED: (Finlayson/Ainsworth)

1 That Council enter into a new 3 year licence agreement with the Valla Community Pre-School Inc. with similar terms to the previous licence but subject to the initial rent being updated by the CPI and that Council notify the Valla Beach Community Association of this action.

2 That subject to the concurrence of the Valla Beach Community Association Inc., that Council agree to the proposed community garden being placed on that section of Lot 8 immediately to the east of the Pre-School.

3 That Council’s seal be attached to the licence documents as required.

ITEM 9.4 SF1239 160415 Transfer of the Eungai Pre-School to the Nambucca Valley Children's Group

756/15 RESOLVED: (Finlayson/Ainsworth)

1 That Council transfer the ownership of the Eungai Pre-School to the Nambucca Valley Children’s Group for $1.00 plus compensation to them of $20,000 excluding GST on the basis that the Nambucca Valley Children’s Group accepts all responsibility for any disability access issues which may arise in the future.

2 That Council’s seal be attached to contracts and agreements as required.

3 That Council meets all legal and transfer costs associated with the transfer of ownership.

4 That settlement occur in the 2015/16 financial year.

ITEM 9.5 SF1415 160415 Re-establishment of Internal Audit Committee

757/15 RESOLVED: (Ainsworth/Smyth)

1 That Nambucca Shire Council’s Internal Audit Committee comprise the Mayor, one (1) other Councillor, Mr Peter Lawry and a staff member of Bellingen Shire Council to be nominated by that Council.

2 That Council nominate a Councillor to participate on the Internal Audit Committee.

3 That a Chair of the Internal Audit Committee (not being the Mayor or Councillor) be nominated by the Committee at their first meeting.

758/15 Resolved: (Ainsworth/Finlayson)

4 That Cr Ainsworth be Council’s representative on the Nambucca Shire Council’s Internal Audit Committee.

The Mayor left the meeting for Item 9.6 at 6.27 pm.

The Deputy Mayor, Cr Ainsworth, took the Chair for Item 9.6.

The Mayor returned after the conclusion of this Item and resumed the Chair at 6.35 pm.

ITEM 9.6 DA2001/096 160415 Resolution of Conciliation Hearing - Valla Quarry

759/15 RESOLVED: (Finlayson/Morrison)

That the information concerning the result of the Conciliation hearing be received.

ITEM 9.7 SF2070 160415 Transport for NSW Regional Boating Plan Mid North Coast Region - Priority Regional Projects Nambucca Shire

760/15 RESOLVED: (Ainsworth/South)

1 Council accept the offer of funding from Transport NSW.

2 There be a further report to Council on the sources of the required matching funds for the projects approved under the NSW Boating Now Program.

ITEM 9.8 SF2037 160415 Minutes of the Nambucca Shire Council Access Committee meeting held 24 March 2015

761/15 RESOLVED: (Smyth/South)

1 That in regards to the NSW Disability Inclusion Plan and in preparation for the development of a Disability Inclusion Action Plan by Council, over the next four meetings, the Committee address the four focus areas of:

· Developing positive community attitudes and behaviours

· Creating liveable communities

· Supporting access to meaningful employment

· Improving access to mainstream services through better systems and processes

2 That the Chairperson being Cr South, Deputy Chair being Peter Shales and members of the Committee being Dorothy Secomb, Keith Davis, Margaret Hutchinson, Alba Sky, Lee-Anne Funnel, Les Small, Jenny Adams, Janet Pope, Peter Shales and Shirley Holmes, be endorsed by Council.

3 That the remaining minutes be endorsed.

ITEM 9.9 SF2037 160415 Minutes of the Nambucca Shire Council Access Committee meeting held 24 February 2015

762/15 RESOLVED: (Ainsworth/Smyth)

1 That Council place a seat at the bus stop in Back Street Nambucca Heads (on the kerb side, with its back to the street) to assist the many elderly people who shop at Woolworths and use bus transport here.

2 That the remaining minutes be endorsed.

ITEM 9.10 SF2031 160415 Nambucca Shire Council Centenary Year 2015 - Additional Third Flag Pole and Flag for Administration Centre

763/15 RESOLVED: (Ainsworth/Finlayson)

1 That Council approve of the purchase and erection of a third flag pole for the Administration Centre.

2 That Council approve the purchase of two new flags showing Council’s logo.

ITEM 9.11 SF2038 160415 Outstanding DA's greater than 12 months, applications where submissions received not determined from 19 March 2015 to 8 April 2015

764/15 RESOLVED: (Ainsworth/Finlayson)

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

ITEM 9.12 SF2038 160415 2015 March - Development and Complying Development Applications Received

765/15 RESOLVED: (Finlayson/Ainsworth)

That the Development Applications and Complying Development Applications received in March 2015 be received for information.

ITEM 9.13 SF2038 160415 2015 March - Construction And Complying Development Certificates Approved

766/15 RESOLVED: (Finlayson/Ainsworth)

That the Construction and Complying Development Certificates approved for March 2015 be noted and received for information by Council.

Cr Finlayson left the meeting for Item 9.14 at 6.46 pm and returned after the conclusion of this Item at 6.49 pm.

ITEM 9.14 E008/2015 160415 Expressions of Interest for the Provision of Legal Services

767/15 RESOLVED: (Ainsworth/South)

1 That Council seek expressions of interest in the provision of legal services with the intention of establishing a panel tender of preferred suppliers from which Council can choose a service provider/s.

2 That Council consult with Coffs Harbour, Bellingen and Kempsey Councils as to their interest in participating in the proposed expressions of interest and tender process.

3 That once established the panel for the provision of legal services be reviewed at 5 yearly intervals.

General Manager Report – LATE

ITEM 9.15 SF764 160415 Renewal of Nambucca Heads RSL Club LTD Sub-lease to Rintoul Shop 1 Riverside Drive, Nambucca Heads

768/15 RESOLVED: (South/Ainsworth)

1 That Council renew the Nambucca Heads RSL Club Sub-lease to Rintoul for a period of 5 years from 28 November 2013 until 27November 2018.

2 That Council’s seal be attached to the lease document as required.

Assistant General Manager Corporate Services Report

ITEM 10.1 SF251 160415 Schedule of Council Public Meetings

769/15 RESOLVED: (Ainsworth/Morrison)

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

ITEM 10.2 SF1120 160415 Grant Application Status Report

770/15 RESOLVED: (Ainsworth/Morrison)

That the list of grant applications and their status to 31 March 2015 be received.

ITEM 10.3 SF848 160415 Report on Rates and Charges for Assessment 11133536

Motion: (South/Smyth)

1 That correct rates and charges be applied to the property from 1 July 2015.

2 That Council removes the Restriction as to User created by Council Resolution on 8 April 1982.

Amendment: (Ainsworth/Finlayson)

That Council approaches the property owners and discuss the options of dedicating this land to Council as public land or pay the rates or consolidate land into an adjoining property.

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

771/15 Resolved: (Ainsworth/Finlayson)

That Council approaches the property owners and discuss the options of dedicating this land to Council as public land or pay the rates or consolidate land into an adjoining property.

ITEM 10.4 SF2025 160415 Approach to Bellingen Shire Council to Explore any Interest in a Joint Meeting to Discuss Possible Amalgamation or Other Joint Activity.

772/15 RESOLVED: (Ainsworth/Finlayson)

1 That Council notes the response from Bellingen Shire Council and endorses on-going development of a shared services proposal.

2 That a Councillor or Councillors be nominated to participate in future discussions with other Councils on proposed shared service arrangements.

3 That the Mayor be appointed to participate in future discussions with other Councils on proposed shared service arrangements.

ITEM 10.5 SF1991 160415 Investment Report to 31 March 2015

773/15 RESOLVED: (Ainsworth/Finlayson)

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

Assistant General Manager Engineering Services Report

ITEM 11.1 T002/2015 160415 Tender T002/2015 for Construction of Landslip Remediation Rodeo Drive, Wirrimbi.

774/15 RESOLVED: (Ainsworth/Finlayson)

1 That Council accept the conforming submission for T002/2015 Construction of Landslip Remediation, Rodeo Drive, Wirrimbi, from The Rix Group Pty Ltd.

2 That Council update the Contract Register.

For the motion: Councillors Hoban, South, Ainsworth, Finlayson, Smyth and Morrison (Total 6)

Against the motion: Nil

ITEM 11.2 T003/2015 160415 Tender T003/2015 for Construction of Landslip Remediation , Taylors Arm Road, Thumb Creek.

775/15 RESOLVED: (Finlayson/Ainsworth)

1 That Council accept the conforming submission for T003/2015 Construction of Landslip Remediation, Taylors Arm Road, Thumb Creek, from Pan Civil Pty Ltd.

2 That Council update the Contract Register.

3 That the Mayor and General Manager be authorised to endorse variations to the contract.

For the motion: Councillors Hoban, South, Ainsworth, Finlayson, Smyth and Morrison (Total 6)

Against the motion: Nil

ITEM 11.3 PRF69 160415 Request for Assistance to Maintain Welsh Pioneer Park

776/15 RESOLVED: (Finlayson/Smyth)

1 That Council acknowledge the volunteer work provided to service the reserve and advise the Talarm Hall Committee that due to the financial constraints placed on Council and significant aging infrastructure across the Shire, Council is not in a position to provide any additional resources or funding towards the reserve and is unable to accede to their request for:

a Assistance to mow and maintain the reserve with day or contract labour

b Provide a garbage bin and waste service to the reserve by day or contract labour

c Provide any assistance in repairing the swimming area and boat access facilities.

2 Council advise the Talarm Hall Committee that when considering the 2012/13 budget for Parks and Gardens the vote was reduced by $25,000.00 to balance the budget and that this area has only been increased with the rate pegging limit since that budget.

3 That Council advise the Talarm Hall Committee that interim assistance can be provided for the mowing of the reserve via other means (for the cost of fuel) with the use of the Work for the Dole program which is scheduled to commence in the 2015/16 financial year and that this assistance can be made available while the Work for the Dole program continues.

4 That Council review the long term future of the reserve and its management with the Talarm Hall Committee giving consideration to the removal of any infrastructure and returning the area to a natural reserve.

5 Council continue the progressive installation of warning signs to the outlying reserves along the river estuary which would include the Welsh Pioneer Reserve if the reserve was to remain open for public use.

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

RESOLVED:

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 T002/2015 160415 Tender T002/2015 for Construction of Landslip Remediation Rodeo Drive, Wirrimbi.

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 T003/2015 160415 Tender T003/2015 for Construction of Landslip Remediation , Taylors Arm road, Thumb Creek.

For Confidential Business Paper in Closed Meeting

ITEM 12.3 SF2047 160415 Voluntary Redundancies

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) (f) of the Local Government Act, 1993, on the grounds that the report contains matters affecting the security of the Council, Councillors, Council staff or Council property.

or Confidential Business Paper in Closed Meeting

ITEM 12.4 SF839 160415 General Manager's Performance Review

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.

CLOSED MEETING

777/15 Resolved: (Morrison/Smyth)

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.44 pm.

RESUME IN OPEN MEETING

778/15 Resolved: (Ainsworth/Morrison)

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 7.53 pm.

FROM COUNCIL IN CLOSED MEETING

779/15 Resolved: (Ainsworth/South)

That Council note Items 12.1 and 12.2.

For Confidential Business Paper in Closed Meeting

ITEM 12.3 SF2047 160415 Voluntary Redundancies

780/15 RESOLVED: (Finlayson/Ainsworth)

That there be no offers of voluntary redundancy made to employees who have submitted expressions of interest.

For Confidential Business Paper in Closed Meeting

ITEM 12.4 SF839 160415 General Manager's Performance Review

781/15 RESOLVED: (Finlayson/Ainsworth)

1 That the General Manager notes the Council’s comments on his performance.

782/15 Resolved: (Hoban/Ainsworth)

2 That Council advises the General Manager that it wishes to enter into a future employment contract with Michael Coulter.

CLOSURE

There being no further business the Mayor then closed the meeting the time being 7.56 pm.

Confirmed and signed by the Mayor on 30 April 2015.

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)