Cr Rhonda Hoban (Mayor) |
Cr John Ainsworth |
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Cr Brian Finlayson |
Cr Bob Morrison |
Cr Anne Smyth |
Cr Elaine South |
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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
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750/15 RESOLVED: (South/Morrison)
That the minutes of the Ordinary Council Meeting of 26 March 2015 be confirmed. |
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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
753/15 RESOLVED: (Ainsworth/South)
That the list of outstanding actions and reports be noted and received for information by Council. |
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. |
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.
General Manager Report – LATE
Assistant General Manager Corporate Services Report
769/15 RESOLVED: (Ainsworth/Morrison)
That the schedule of dates for public Council meetings be noted and received for information by Council. |
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 |
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. |
773/15 RESOLVED: (Ainsworth/Finlayson)
That the Accountants’ Report on Investments placed to 31 March 2015 be noted. |
Assistant General Manager Engineering Services Report
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.
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 12.3 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. |
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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.
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For Confidential Business Paper in Closed Meeting
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
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)