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 |
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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) |
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APOLOGY
Paul Gallagher (AGM Engineering Services) |
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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 |
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. |
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 |
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
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.
That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 7.26 pm.
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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
7.16 pm Cr Flack left the meeting and did not return for the remainder of the meeting.
Adjournment of Meeting
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13/16 Resolved: (MacDonald/South)
That the meeting be adjourned at 7.27 pm for dinner.
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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.
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15/16 Resolved: (Ainsworth/Finlayson)
That the list of outstanding actions and reports be noted and received for information by Council.
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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.
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22/16 Resolved: (Smyth/Ainsworth)
That the information concerning the proposed arrangements for the Council boundary reviews be received.
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Assistant General Manager Corporate Services Report
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.
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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
Contract Register
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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)