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)

Clint Fitzsummons (Acting AGM Engineering Services)

Joanne Hudson (Manager Human Resources)

Lorraine Hemsworth (Minute Secretary)

 

 

 

APOLOGY

 

Paul Gallagher (AGM Engineering Services)

 

 

 

PRAYER

 

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

 

 

DISCLOSURE OF INTEREST

 

Mr Michael Coulter (General Manager) declared a pecuniary interest in Item 12.2 Assistant General Manager Engineering Services Total Remuneration Package for Contract commencing 10 January 2016 under the Local Government Act as the determination may affect the negotiation of his Total Remuneration Package when his Contract  falls due on 1 April 2016.  Mr Coulter left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 15 December 2015

1/16 2/16 MOTION: (Flack/Smyth)       

 

That the minutes of the Ordinary Council Meeting of 15 December 2015 be confirmed.

 

Amendment:       (Morrison/Ainsworth)

 

That the minutes of the Ordinary Council Meeting of 15 December 2015 be confirmed with the exception of Item 9.15 – page 3.

 

The Amendment was lost and motion was put:

 

3/16 Resolved:            (Flack/Smyth)

 

That the minutes of the Ordinary Council Meeting of 15 December 2015 be confirmed.

 

Cr Morrison requested that his vote be recorded against the Motion as he believes that the minutes pertaining to Item 9.15 are invalid and cannot be ratified for the following reasons:

 

 

a        The motion was inconsistent with that passed at a previous meeting

b        No formal notice (refer Code of Meeting Practice)

c        Inconsistent with the agenda Item heading

d        Withholding information from the applicant

e        The applicant was misled as they came to address the motion in the agenda (Due Process/Natural Justice)

f        Abrogation of our rights to determine the matter when the matter was turned over to Crown Lands for their decision/support/recommendation

g        Perceived voting irregularities (procedural fairness/due process)

h        Ambiguity of the motion

 

 

LATE NOM1 – SF2049  - Request for Leave - Cr Kim MacDonald

4/16 Resolved:            (MacDonald/Flack)

 

That Cr Kim MacDonald be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 23 January 2016 to 29 January 2016.

 

 

    PUBLIC FORUM AND DELEGATIONS

RECOMMENDATION:

 

That the following public forum and delegations be heard:

 

PUBLIC FORUM

 

i)           Item 12.3      Address in Public Forum – Penalty Infringement Notices Issued under the Companion Animals Act – LATE REPORT

Mr Scott Kennedy and Ms Belinda White

 

 

5/16 Resolved:            (Ainsworth/Finlayson)

 

That Council note the presentation by Mr Scott Kennedy and Ms Belinda White and that a further report be provided to Council in relation to the matter, and particularly concerning the number of dogs which should be allowed to be kept at the property.

 

 

ii)          NBN Fixed Wireless Telecommunications Facility - Gumma

Mr Tony Lewis

 

 

6/16 Resolved:            (Flack/Finlayson)

 

That Development Application DA2015/195 come to Council for determination and that a site inspection be scheduled.

 

 

DELEGATION:

 

iii)         Item 9.8  Request for an Extension of Time to Remediate Pistol Shooting Range - 816 to 846 Gumma Road, Gumma

Mr Elwyn Lock

 

 

 

ITEM 9.8      LF780                 140116      Request for an Extension of Time to Remediate Pistol Shooting Range - 816 to 846 Gumma Road, Gumma

7/16 Resolved:            (Ainsworth/Morrison)

 

1           That Council give the Nambucca Valley Pistol Club, 816-846 Gumma Road, Gumma two (2) years to clean up the site.

 

2           That the $506 administration fee for the clean-up notice be waived on the basis that the money would be better spent on remediation.

 

Cr Flack requested her vote be recorded against as Part 1 of the Motion because she doesn’t support leaving a known polluted site for two (2) years without confirmation as to whether or not there is any polluted run-off leaving the site.

 

 

 

 

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.

 

     

Closed Items 12.1 - Tender No. T2015-33 - Sewer Main Replacement - Tender Assessment, 12.2 - Assistant General Manager Engineering Services Total Remuneration Package for Contract commencing 10 January 2016, 12.3 - Address in Public Forum - Penalty Infringement Notices Issued  under the Companion Animals Act

 

8/16  Resolved:           (MacDonald/Ainsworth)

 

That the Confidential Reports be brought forward.

 

 

 

 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

9/16 Resolved:            (Ainsworth/South)

 

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.

 

Reason reports are in Closed Meeting:

 

 

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF872                140116      Tender No. T2015-33 - Sewer Main Replacement - Tender Assessment

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    SF2182              140116      Assistant General Manager Engineering Services Total Remuneration Package for Contract commencing 10 January 2016

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 12.3    LF13                  140116      Address in Public Forum - Penalty Infringement Notices Issued  under the Companion Animals Act

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 7.09 pm.

 

RESUME IN OPEN MEETING

RECOMMENDATION:

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 7.26 pm.

 

 

FROM COUNCIL IN CLOSED MEETING

 

 

Michael Coulter (General Manager), Scott Norman (AGM Corporate Services) and Clint Fitzsummons (Acting AGM Engineering Services) left the meeting for the Closed Items including 12.2 at 7.09 pm and returned after the conclusion at 7.26 pm.

 

General Manager Report

 

ITEM 12.1    SF872                140116      Tender No. T2015-33 - Sewer Main Replacement - Tender Assessment

10/16  Resolved:                  (Ainsworth/MacDonald)

 

That Council note the information provided in this report in Open Council as per the recommendation in the related item in open meeting.

 

 

 

ITEM 12.3    LF13                  140116      Address in Public Forum - Penalty Infringement Notices Issued  under the Companion Animals Act

11/16  Resolved:         (Ainsworth/MacDonald)

 

That the information concerning the address in public forum about the issue of penalty infringement notices under the Companion Animals Act be received.

 

 

 

7.16 pm Cr Flack left the meeting and did not return for the remainder of the meeting.

 

 

ITEM 12.2    SF2182              140116      Assistant General Manager Engineering Services Total Remuneration Package for Contract commencing 10 January 2016

12/16Resolved:  (Ainsworth/Finlayson)

 

That the value of the Total Remuneration Package for the Assistant General Manager Engineering Services’ contract commencing 10 January 2016 be $187,500.

 

 

 

Adjournment of Meeting

 

13/16 Resolved: (MacDonald/South)

 

That the meeting be adjourned at 7.27 pm for dinner.

 

 

 

7.50 pm       The Meeting resumed after dinner

 

General Manager Report

ITEM 9.1      SF1208              140116      Public Forum Address by Mr Brendan Goswell - Background Information

 14/16 Resolved:         (Hoban/Ainsworth)

 

That the report be deferred until Mr Brendan Goswell can be in attendance.

 

 

 

ITEM 9.2      SF959                140116      Outstanding Actions and Reports

15/16 Resolved: (Ainsworth/Finlayson)

 

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

 

 

 

ITEM 9.3      SF1370              140116      Planning Proposal Nambucca LEP 2010 – Nomination Of Heritage Items Stage 1

16/16 Resolved: (Smyth/Ainsworth)

 

1        That Council support a planning proposal for the nomination of stage 1 heritage items for submission to the Minister of Planning for Gateway Determination in accordance with the Environmental Planning and Assessment Act 1979.

 

2        That the Macksville Railway Station and Station Masters Residence be added to the heritage places.

 

3        That the property owners be advised of the proposed listing.

 

 

 

ITEM 9.4      SF2038              140116      Outstanding DAs greater than 12 months OR where submissions received - 5 December 2015 - 4 January 2016

17/16 Resolved: (Finlayson/MacDonald)

 

That the information be noted by Council.

 

 

 

ITEM 9.5      SF2038              140116      2015 December - Received Development Applications Received and Complying Development Applications

18/16 Resolved: (Ainsworth/Smyth)

 

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

 

 

 

ITEM 9.6      SF2038              140116      2015 December - Approved Construction Certificates and Complying Development Certificates

19/16  Resolved:         (MacDonald/South)

 

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

 

 

 

ITEM 9.7      DA2015/182        140116      Proposed 2 lot subdivision of Lot 92 DP 109953870, 70 Seaforth Drive, Valla Beach

20/16 Resolved: (Finlayson/Ainsworth)

 

That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2015/182 for a two lot subdivision of Lot 92 DP 109953870 – 70 Seaforth Drive, Valla Beach, subject to the schedule of conditions outlined in attachment 2 of this report.

 

For the Motion:                   Councillors Hoban, Morrison, Ballangarry, Smyth, Finlayson, Ainsworth,

                                      MacDonald and South       (Total 8)

Against the Motion:  Nil

 

 

ITEM 9.9      SF787                140116      Annual Summary - Indian Myna Control Project - 2014-2015

21/16  Resolved:         (MacDonald/Smyth)

 

That the information be noted by Council.

 

 

 

ITEM 9.10    SF42                  140116      Council Boundary Reviews

22/16 Resolved: (Smyth/Ainsworth)

 

That the information concerning the proposed arrangements for the Council boundary reviews be received.

 

 

 

 

Assistant General Manager Corporate Services Report

ITEM 10.1    SF544                140116      Developer Contributions Plan: Adoption of Final Local Roads and Traffic Infrastructure

23/16  Resolved:         (Finlayson/Ainsworth)

 

That Council adopt the Final Local Roads and Traffic Infrastructure Developer Contributions Plan and it becomes effective from 21 January 2016 following public notification in the Guardian News on that day.

 

For the Motion:                   Councillors Hoban, Morrison, Ballangarry, Smyth, Finlayson, Ainsworth,

                                      MacDonald and South       (Total 8)

Against the Motion:  Nil

 

 

ITEM 10.2    SF102                140116      Draft Final Cycleway Plan 2016

24/16  Resolved:         (Ainsworth/Finlayson)

 

That Council adopt the Final Cycleway Plan (2016).

 

 

 

25/16  Resolved:         (Smyth/Ainsworth)

 

That the Engineering staff consider and report on an overall plan for the parking of bicycles.

 

 

 

ITEM 10.3    SF329                140116      Crosswinds Wetlands Nature Reserve Committee of Management - Minutes of Annual general Meeting - 29 October 2015

26/16  Resolved:         (Finlayson/Ainsworth)

 

That Council endorse the Minutes of the Committee of Management for the Crosswinds Wetlands Nature Reserve’s Annual General Meeting held on 29 October 2015 and thank the Committee for continued good work in the past twelve months.

 

 

 

ITEM 10.4    SF336                140116      Taylors Arm Hall Committee of Management - Minutes of Annual General Meeting - 10 December 2015

27/16   Resolved:        (Finlayson/Ainsworth)

 

That Council endorse the Minutes of the Committee of Management for the Taylors Arm Hall Annual General Meeting held on 10 December 2015 and thank the Committee for their continued good work in the past twelve months.

 

 

 

 

ITEM 10.5    SF251                140116      Schedule of Council Public Meetings

28/16  Resolved:         (MacDonald/Ainsworth)

 

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

 

 

Assistant General Manager Engineering Services Report

ITEM 11.1    SF872                140116      Tender No. T2015-33 - Sewer Main replacement - NOROC Panel Contract

29/16  RESOLVED:         (Finlayson/Ainsworth)

 

That:

1          Council adopt the panel of contractors listed in the discussion section of this report as “Pre-Approved Providers” for the T2015-33 – Sewer Main Replacement NOROC Panel contract for a period of one year, with an option at Council's absolute discretion to extend the contract for a further two, one year periods.

 

2        The General Manager be authorised to award individual projects on the basis of the tendered schedule of rates and any necessary minor amendments or variations required to complete the work.

 

3        The General Manager be authorised to exercise the options to extend the contract for up to two, one year periods subject to satisfactory performance of the contractors.

 

4        That the information concerning the individual tenders listed in the report in closed meeting be adopted.

 

For the Motion:                   Councillors Hoban, Morrison, Ballangarry, Smyth, Finlayson, Ainsworth,

                                      MacDonald and South       (Total 8)

Against the Motion:  Nil

 

 

Contract Register

 

30/16  Resolved:         (Ainsworth/Finlayson)

 

That the Contract Register be presented to Council once a year for information.

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 8.37 pm.

 

Confirmed and signed by the Mayor on 28 January 2016.

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)