Minutes of Ordinary Council Meeting

PRESENT

Cr Rhonda Hoban (Mayor)	Cr John Ainsworth
Cr Paula Flack	Cr Brian Finlayson
Cr Anne Smyth	Cr Bob Morrison
Cr Elaine South

ALSO PRESENT

Michael Coulter (General Manager)	Scott Norman (AGM Corporate Services)
Paul Gallagher (AGM Engineering Services)	Lorraine Hemsworth (Minute Secretary)

APOLOGY

Cr Kim MacDonald (on approved leave)

PRAYER

Father Shelwin Fernandes, Macksville Catholic Church, offered a prayer on behalf of the Nambucca Minister's Association.

DISCLOSURE OF INTEREST

There were no Disclosure of Interest Received.

CONFIRMATION OF MINUTES - Ordinary Council Meeting

SUBJECT: CONFIRMATION OF MINUTES - Ordinary Council Meeting 14 January 2016

31/16 Resolved: (Smyth/Flack)

That the minutes of the Ordinary Council Meeting of 14 January 2016 be confirmed.

PUBLIC FORUM AND DELEGATIONS

RECOMMENDATION:

That the following delegations be heard:

i i Item 12.2 NSW Rural Fire Service Proposed 2016/17 Budget 'Bid'

Mr Lachlann Ison on behalf of Rural Fire Service

ii ii Item 10.1 Public Forum Address by Mr Brendan Goswell - Background Information

Mr Brendan Goswell on behalf of Old Coast Road Overpass in memory of David and Ryan Goswell

ii iii Item 6.1 Mrs Kelli Leckie - Rescission Motion - Item 9.15 from 15 December 2015

6.1 Mrs Kelli Leckie - Rescission Motion - Item 9.15 from 15 December 2015

Notices of Rescission

32/16 Extension of Time: (Ainsworth/Hoban)

That Councillor Morrison be allowed an additional two minutes to speak to his Motion.

ITEM 6.1 SF2183 280116 Rescission Motion - Item 9.15 from 15 December 2015

MOTION: (Morrison/Finlayson)

The resolution of Council concerning item 9.15 from its meeting on 15 December 2015, “that Council does not support the sale of the land but supports a lease, licence or easement of said land for a period sufficient to allow the Leckies to undertake remedial work on their land and that there be no cost (rent) to the Leckies”, be rescinded.

33/16 Resolved: (Smyth/Flack)

That there be a division.

34/16 Resolved: (Morrison/Finlayson)

For the motion: Morrison, Finlayson, Ainsworth, South, Hoban

Against the motion: Flack and Smyth

Motion: (Morrison/Ainsworth)

1 "That Council in accordance with Crown Lands recommendation, resolve to support the sale 290 m² of Gordon Park (as previously defined) to the Leckie's in accordance with Crown Lands recommended procedure as laid down in Crown Land letter dated 14th of January 2014 and for Council to document its reasons for selling the land."

2 That the valuation of the portion of land to be sold be determined by an accredited valuer agreed to by both Council and the Leckies.

AMENDMENT: (Hoban/Smyth)

That the motion be deferred to a meeting where no councillors are on approved leave and further it be accompanied by a report outlining the implications of sale of the land in terms of:

1 The potential for the development of the land

2 Impacts on surrounding properties

3 Valuation considerations

4 Any precedent that the sale may set

5 Council’s cost to date in dealing with this matter.

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

36/16 Resolved: (Hoban/Smyth)

That the motion be deferred to a meeting where no councillors are on approved leave and further it be accompanied by a report outlining the implications of sale of the land in terms of:

1 The potential for the development of the land

2 Impacts on surrounding properties

3 Valuation considerations

4 Any precedent that the sale may set

5 Council’s cost to date in dealing with this matter.

NOTICE OF MOTION - CR Morrison

ITEM 5.1 SF2183 280116 Bluett LOCAL GOVERNMENT HANDBOOK (New South Wales) - (SF256)

MOTION: (Morrison/South)

That the latest edition of the handbook entitled "Bluett LOCAL GOVERNMENT HANDBOOK (New South Wales) be purchased for each of the present councillors and for any new councillor being elected to this Council in the future.

Amendment: (Hoban/Ainsworth)

That a copy of the "Bluett LOCAL GOVERNMENT HANDBOOK (New South Wales) be purchased for any councillor who requires a copy of the book.

The amendment was withdrawn

motion: (Ainsworth/Hoban)

That an E copy of the "Bluett LOCAL GOVERNMENT HANDBOOK (New South Wales) be purchased for councillor reference.

37/16 Resolved: (Ainsworth/Hoban)

That an E copy of the "Bluett LOCAL GOVERNMENT HANDBOOK (New South Wales) be purchased for councillor reference.

Notices of Rescission - LATE

ITEM 6.2 SF2183 280116 RESCISSION MOTION - ITEM 9.15 FROM 15 DECEMBER 2015 - Additional Information

Recommendation:

This Item was considered in conjunction with Item 6.1.

Public Forum and Delegations Continued:

2 Mr Lachlann Ison on behalf of Rural Fire Service

ITEM 12.2 SF84 280116 NSW Rural Fire Service Proposed 2016/17 Budget 'Bid'

38/16 RESOLVED: (Finlayson/Ainsworth)

1 That Council receive a presentation from the NSW Rural Fire Service Zone Manager for the Lower North Coast Zone on the proposed 2016/17 NSW Rural Fire Service “BID”, plant replacement and capital works for buildings and amenities.

2 That Council thank Mr Ison for his presentation.

3 That Council receive a further report at the 11 February 2016 Council meeting to formally endorse the 2016/17 NSW Rural Fire Service “BID”.

4 That Council amend the 2015/16 RFS budget to reflect the increase of $41,039.00 in the RFS contribution above that resolved by Council on 12 February 2015 and adopted budget for 2015/16.

5 That Council write to the Commissioner for the NSW Rural Fire Service, the Minister for Police and Emergency Services and the Member for Oxley advising of Council’s disgust and dismay with the increase of $41,039.00 for the 2015/16 RFS contribution, when every endeavour has been made by Council to become financially sustainable with the Fit for the Future the Local Government reforms.

Public Forum and Delegations Continued:

3 Mr Brendan Goswell on behalf of Old Coast Road Overpass in memory of David and Ryan Goswell

ITEM 10.1 SF1208 280116 Public Forum Address by Mr Brendan Goswell - Background Information

39/16 Resolved: (Finlayson/Ainsworth)

a That the background information on the public forum address by Mr Brendan Goswell be received.

b That Council write to the RMS asking them to reconsider their policy in relation to the matter to allow the naming of the new Old Coast Road over the new highway overpass as per Mr Goswell’s request consistent with the wishes of the community for some lasting memorial. Council request the RMS advertises the proposal and makes a determination after considering community response.

c That if the RMS is not able to alter its policy whether they have an alternative suggestion to provide a fitting memorial for the Goswell brothers close to the accident site.

7.13 pm – 8.50 pm The meeting adjourned for dinner and Cr Flack did not return to the meeting

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 10.2 SF959 280116 Outstanding Actions and Reports

40/16 RESOLVED: (Ainsworth/Finlayson)

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

ITEM 10.3 SF996 280116 NSW Ombudsman - Updated Enforcement Guidelines and Model Enforcement Policy for Councils

41/16 RESOLVED: (Finlayson/Ainsworth)

That Council review its Compliance, Enforcement and Prosecution Policy based on the NSW Ombudsman 2015 Enforcement Guidelines for Councils.

ITEM 10.4 SF42 280116 Consultation on Phase 1 Amendments to the Local Government Act 1993

42/16 RESOLVED: (Ainsworth/Finlayson)

That Council make a submission on the proposed Phase 1 amendments to the Local Government Act 1993 as per the comments in this report subject to any additions, deletions or alterations identified by the Council.

ITEM 10.5 SF2173 280116 Amendment to Housekeeping Planning Proposal

43/16 RESOLVED: (Finlayson/Ainsworth)

Pursuant to the Clause 55 of the Environmental Planning and Assessment Act 1979, Council prepare a Planning Proposal to support the following amendment as proposed in this report.

a Amend the Land Use Table for the R5 Large Lot Residential zone by including dual occupancies (detached) as permissible with consent.

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

Against the motion: Nil (0)

ITEM 10.6 SF2173 280116 Outstanding DAs greater than 12 months OR where submissions received - 7 - 21 January 2016

44/16 45/16 RESOLVED: (Ainsworth/Finlayson)

That the information be noted by Council.

ITEM 10.7 SF1406 280116 JRPP Nomination

46/16 47/16 RESOLVED: (Ainsworth/Finlayson)

That Council re-appoint Kempsey Shire Councils Mayor Liz Campbell and Director Sustainable Environment Robert Pitt as Nambucca Shire Councils members on the Northern Joint Regional Planning Panel.

ITEM 10.8 SF1958 280116 Outstanding Item no 27 - Provision of Councils Flood Data to the insurance Council of Australia

48/16 RESOLVED: (Finlayson/Smyth)

Council provide flood data to the Insurance Council of Australia or other interested insurance companies as per our fees and charges requirements and subject to Council standard data agreements.

Assistant General Manager Corporate Services Report

ITEM 11.1 SF1120 280116 Approval of loan to Macksville Ex-Services Junior Cricket Club for purchase of lawn mower

49/16 RESOLVED: (Ainsworth/Smyth)

That Council approve a no interest loan of $41,000 to the Macksville Ex-Services Junior Cricket Club for the purchase of a lawn mower if the Club for an agreed term for the purchase of the lawn mower receives a grant from Cricket NSW for the remaining portion of the cost.

ITEM 11.2 SF2116 280116 Investment Report to 30 November 2015

50/16 RESOLVED: (Finlayson/Ainsworth)

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

ITEM 11.3 SF251 280116 Schedule of Council Public Meetings

51/16 RESOLVED: (Ainsworth/Finlayson)

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

ITEM 11.4 SF707 280116 Nambucca Shire Council Contract Register

52/16 RESOLVED: (Ainsworth/Finlayson)

That Council receive this report on the Nambucca Shire Council Contract Register for information.

Assistant General Manager Engineering Services Report

ITEM 12.1 SF453 280116 Waste Management Quarterly Report October - December 2015

53/16 RESOLVED: (Ainsworth/Finlayson)

1 That Council approve the proposed trial of the changes to the kerbside bulky goods collection with the introduction of a voucher system from 4 July 2016.

2 That Coffs Coast Waste Services and Council undertake extensive marketing on the change to the bulky goods collection arrangements, including providing information with the rates notices to be mailed out in July 2016.

3 That Council receive and note the information provided in the Waste Management Quarterly Report for the period 1 October – 31 December 2015.

Carried with Mayor using her Casting Vote

ITEM 12.3 SF2071 280116 World Rally maintenance costs

54/16 RESOLVED: (Ainsworth/Finlayson)

That Council invoice Rally Australia the amount of $11,755.50 in compensation for damage that has occurred to Council roads and infrastructure as a direct consequence of holding the World Rally event within the Nambucca Shire Area.

That Council write to the Minister for Sport and Recreation and express concern about the apparent lack of Third Party property insurance for rally cars participating in the Australian Round of the World Rally Championship reconnaissance days and the rally itself.

ITEM 12.4 SF444 280116 Roadside Vegetation Management

55/16 RESOLVED: (Ainsworth/Finlayson)

That Council receive and note the information and that staff be congratulated for their endeavours to improve the management of roadside vegetation.

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

56/16 RESOLVED: (Ainsworth/Finlayson)

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 above.

Reason reports are in Closed Meeting:

General Manager Report - LATE

For Confidential Business Paper in Closed Meeting

ITEM L.1 SF2089 280116 Business Investment Enquiry

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.

CLOSED MEETING

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 8.47 pm.

RESUME IN OPEN MEETING

57/16 RESOLVED: (Ainsworth/South)

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 9.12 pm

FROM COUNCIL IN CLOSED MEETING

General Manager Report - LATE

For Confidential Business Paper in Closed Meeting

ITEM L.1 SF2089 280116 Business Investment Enquiry

58/16 RESOLVED: (Ainsworth/Morrison)

That the information concerning the business investment enquiry for the purchase of Council owned land at Valla be received.

CLOSURE

There being no further business the Mayor then closed the meeting the time being 9.13 pm.

Confirmed and signed by the Mayor on 11 February 2016.

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)