Minutes of Ordinary Council Meeting

PRESENT

Cr Rhonda Hoban (Mayor)	Cr John Ainsworth
Cr Martin Ballangarry OAM	Cr Brian Finlayson
Cr Susan Jenvey	Cr David Jones
Cr Janine Reed	Cr Anne Smyth
Cr John Wilson

ALSO PRESENT

Michael Coulter (General Manager)	Scott Norman (AGM Corporate Services)
Richard Spain (Manager Water and Sewerage)	Monika Schuhmacher (Minute Secretary)

APOLOGY

Paul Gallagher (AGM Engineering Services)

PRAYER

Pastor Paul Richardson, from the Seventh Day Adventist Church, offered a prayer on behalf of the Nambucca Minister's Association.

DISCLOSURE OF INTEREST

Councillor J Reed declared a pecuniary interest in Item 9.10 Result of Exhibition Nambucca LEP amendment no. 14 to Permit Seniors Housing at 24 Coronation Road, Congarinni North under the Local Government Act as Cr Reed has made a submission on the matter and is an elected board member of Nambucca Valley Care.

MAYORAL MINUTE - CR Hoban - LATE

ITEM 5.2 SF873 271016 MAYORAL MINUTE - Closure of the Macksville Branch of the Commonwealth Bank

425/16 RESOLVED: (Hoban/Ainsworth)

1 That Council note the representations made in relation to the closure of the Macksville Branch of the Commonwealth Bank.

2 That, in relation to the outstanding report on options for Council investments due in February 2017, Council staff consider the option of avoiding all investment products offered by the Commonwealth Bank, unless the Bank reverses its decision and retains the Macksville Branch in Macksville.

425/16 Resolved: (Reed/Ainsworth)

That Council invite the appropriate representative from the Commonwealth Bank to visit Macksville so they can justify their decision to the community and their customers.

NOTICE OF MOTION – CR SMYTH

ITEM 5.1 SF2183 271016 Library Committee and Library Strategic Plan (842)

426/16 RESOLVED: (Smyth/Jenvey)

1 That staff provide a report on the library service status and progress as a stand-alone service, including existing infrastructure and future infrastructure needs.

2 That the above report be presented to Council by the Manager Community Development.

3 That ideas be sought from appropriate staff on the formulation of a Nambucca Shire Library Strategic Plan.

4 That the views of appropriate staff be sought on the formation of a Library Committee and suggested membership of such a committee.

5 That funding opportunities be explored to develop a Nambucca Shire Library Strategic Plan.

CONFIRMATION OF MINUTES - Ordinary Council Meeting 13 October 2016

427/16 RESOLVED: (Reed/Smyth)

That the minutes of the Ordinary Council Meeting of 13 October 2016 be confirmed.

DELEGATIONS AND PUBLIC FORUMS

RESOLVED:

That the following delegation be heard:

9.10 Result of Exhibition Nambucca LEP amendment no 14 to Permit Seniors Housing........................ 3

i) Ms Kristy Hodgkinson on behalf of the Applicant

That the following public forums be heard in CLOSED MEETING:

Grassy Head Road

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)(b) of the Local Government Act, 1993, the personal hardship of any resident or ratepayer; and Section 10A(2)(e) that the information would, if disclosed, prejudice the maintenance of the law.

i) Mr Glen Schaefer—Grassy Head Road, ongoing offensive noise

ii) Mrs Kent—Grassy Head Road development

Cr Reed left the meeting for Item 9.10 at 5.38 pm and returned after the conclusion of this Item at 6.01pm.

Ms Hodgkinson addressed Council making the following points:

· Town Planning consultant on behalf of proponent

· Further milestone in planning process, more detailed work to be done

· Consultation will continue with Council staff and community

· Benefits for existing ageing community and those seeking a sea change

· Will result in substantial economic commitment

· Residents’ comfort is foremost

· Specifically for aged care

· Adequate services must be in place both on and off the site

· All options for development are being considered

· DA will be finalised with all dwellings above flood level and emergency contingencies in place

· Will provide sound economic and social outcomes for the community

· Alternative accommodation for age 55 and over.

ITEM 9.10 SF1852 271016 Result of Exhibition Nambucca LEP amendment no. 14 to Permit Seniors Housing at 24 Coronation Road, Congarinni North

428/16 RESOLVED: (Finlayson/Ainsworth)

1 Council support the planning proposal and forward the relevant information to the Department of Planning and Environment for consideration in respect to compliance/consistencies with the Section 117 Direction 4.3 Flood Prone Land.

2 Upon receipt of agreement of the Secretary of the Department of Planning and Environment, that Council proceed to make the plan, pursuant to delegated authority provided to Council by the Minister of Planning and Environment.

For the motion: Councillors Hoban, Jones, Ainsworth, Finlayson, Ballangarry and Wilson (Total 7)

Against the motion: Councillors Jenvey and Smyth (Total 2)

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

RESOLVED: (Ainsworth/Reed)

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:

CLOSED MEETING

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 6.03 pm.

Mr Schaefer addressed Council in Closed meeting.

Mrs Kent addressed Council in Closed meeting.

RESUME IN OPEN MEETING

RESOLVED: (Jones/Ainsworth)

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 6.44 pm.

FROM COUNCIL IN CLOSED MEETING

429/16 Resolved: (Ainsworth/Finlayson)

That this matter, the subject of the Public Forum, is regarded as an operational matter and no further action will be taken by the Elected Council.

430/16 Resolved: (Hoban/Ainsworth)

That the General Manager provides options to Council regarding parameters for Public Forums.

ASKING OF QUESTIONS WITH NOTICE

There are no questions with Notice.

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

There are no questions for Closed meeting where due notice has been received.

General Manager Report

ITEM 9.1 SF959 271016 Outstanding Actions and Reports

431/16 RESOLVED: (Ainsworth/Finlayson)

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

ITEM 9.2 SF707 271016 Contracts Register

432/16 RESOLVED: (Finlayson/Ainsworth)

That the information concerning the updated contracts register be received.

ITEM 9.3 SF1406 271016 Nomination of Members to the Northern Joint Regional Planning Panel

433/16 RESOLVED: (Reed/Smyth)

1 That Council nominate the Mayor and its Senior Town Planner, Mr Daniel Walsh, as its representatives on the Northern Joint Regional Planning Panel to sit on development matters concerning the Kempsey Shire Council.

2 That the Mayor and Mr Walsh provide written acknowledgement to the Planning Panels Secretariat that they will comply with the requirements of the recently revised Planning Panels Code of Conduct.

ITEM 9.4 RF391 271016 Replacement of Browns Bridge, Saddlers Lane, Taylors Arm

434/16 Motion: (Finlayson/Ballangarry)

1 That Council contact the property owner benefitting from the proposed replacement of Browns Bridge off Sadlers Lane, Taylors Arm and advise them that Council can no longer accept responsibility for the on-going maintenance and repair of this bridge and invite them to consider the following options:

a) They provide a reasonable capital contribution, say 33.3%, towards the replacement of the bridge or in the alternative make no capital contribution but accept on-going responsibility for its maintenance and repair, or

b) They accept a cash settlement from Council for the replacement of the bridge and its on-going maintenance and repair.

2 That the Mayor, General Manager and Assistant General Manager Engineering Services be provided with delegated authority to enter into a negotiated settlement and deed of agreement in relation to a negotiated outcome.

3 That Council’s seal be attached to any negotiated settlement and deed of agreement as required.

4 That the outcome of the matter be reported back to Council for its information.

Amendment: (Ainsworth/Finlayson)

1 That the Mayor, General Manager and Assistant General Manager Engineering Services be provided with delegated authority to enter into a negotiated settlement and deed of agreement in relation to a negotiated outcome.

2 That the outcome of the matter be reported back to Council for its information.

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

435/16 Resolved: (Ainsworth/Finlayson)

2 That the outcome of the matter be reported back to Council for its information.

ITEM 9.5 SF2279 271016 Overview and Review of Council's Organisation Structure

436/16 RESOLVED: (Finlayson/Ainsworth)

1 That Council note the review of its organisation structure.

2 That Councillors provide the General Manager with any feedback they have on the appropriateness or otherwise of Council’s organisation structure.

3 That Council note the proposed changes to position titles.

ITEM 9.6 SF36 271016 Model Code of Conduct

437/16 RESOLVED: (Ainsworth/Finlayson)

1 Council note this review of the provisions of its Code of Conduct.

2 That Council adopt the 2015 NSW Division of Local Government Model Code of Conduct framework as Nambucca Shire Council's Code of Conduct with the inclusions of Council's specific clauses.

3 That Council note the addition of the following statement in Part 1 Introduction:

A councillor who has been suspended on three or more occasions for misconduct is automatically disqualified from holding civic office for five years.

4 That Council note the addition of the following clause:

4.29 (b) the non-pecuniary conflict of interests arises only because of an interest

that a person has in that person's principal place of residence.

5 That Council note the exclusion from Part 1 Introduction of the last paragraph:

A better conduct guide has also been developed to assist councils to review and enhance their codes of conduct. This guide supports this code and provides further information on the provisions in this code.

ITEM 9.7 DA2016/156 271016 Request to Waive Development Application Fees - Australia Day Celebrations in Gordon Park - (SF24)

438/16 RESOLVED: (Jenvey/Smyth)

1 That Council waive, by way of a donation, the development application fee of $421.75 for the use of Gordon Park, Nambucca Heads, for the Australia Day celebration event.

Motion: (Jenvey/Smyth)

2 That Council notes that national symbols matter; that Council supports celebrating Australian nationhood; that Council notes in its current form that the date of Australia Day alienates Aboriginal and Torres Strait Islander people; that Council considers there are social implications in the current form of Australia Day for significant members of its population; and that Council acknowledges that Aboriginal and Torres Strait Islander people may feel excluded from the day.

Amendment: (Ainsworth/Wilson)

That the motion:

That Council notes that national symbols matter; that Council supports celebrating Australian nationhood; that Council notes in its current form that the date of Australia Day alienates Aboriginal and Torres Strait Islander people; that Council considers there are social implications in the current form of Australia Day for significant members of its population; and that Council acknowledges that Aboriginal and Torres Strait Islander people may feel excluded from the day.

be deferred to the Council meeting on 10 November 2016.

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

439/16 Resolved: (Ainsworth/Wilson)

That the motion:

be deferred to the Council meeting on 10 November 2016.

ITEM 9.8 SF24 271016 Request for Donation - Blue Star Sustainability Awards (Bowraville Chamber of Commerce and Industry)

440/16 RESOLVED: (Ainsworth/Finlayson)

That Council make a donation of $250 to the Bowraville Chamber of Commerce and Industry towards costs for their representative Ms Robynne McGinley to attend the Blue Star Sustainability Awards at Orange on 4-6 November 2016.

ITEM 9.9 SF24 271016 Request for Donation - Bowraville Junior Rugby League (Tigers Under 12's) Football Teams

441/16 RESOLVED: (Ainsworth/Finlayson)

That Council make a donation of $200 to the Bowraville Junior Rugby League (Tigers Under 12's) Football Teams towards the cost of purchasing shirts and to assist with travel and accommodation costs.

Item 9.10 was dealt with under dealt with under Delegations.

ITEM 9.11 SF2173 271016 Development Applications greater than 12 months or where submissions received - 7 October to 21 October 2016

442/16 RESOLVED: (Ainsworth/Finlayson)

That the information be noted by Council.

ITEM 9.12 SF2173 271016 2016 September - Development and Complying Development Applications Received

443/16 RESOLVED: (Ainsworth/Reed)

That the Development Applications and Complying Development Applications received in September 2016 be received for information.

ITEM 9.13 SF2173 271016 2016 September - Approved Construction and Complying Development Certificates

444/16 RESOLVED: (Finlayson/Ainsworth)

That the Construction and Complying Development Certificates approved for September 2016 be noted and received for information by Council.

Assistant General Manager Corporate Services Report

ITEM 10.1 SF251 271016 Schedule of Council Public Meetings

445/16 RESOLVED: (Ballangarry/Ainsworth)

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

ITEM 10.2 SF343 271016 Valla Public Hall Committee of Management AGM - 18 August 2016 - Minutes

446/16 RESOLVED: (Reed/Ainsworth)

That Council endorse the Minutes of the Committee of Management for the Valla Public Hall’s Annual General Meeting held on 18 August 2016 and thank the outgoing Committee for their work in the past twelve months.

Assistant General Manager Engineering Services Report

ITEM 11.1 SF81 271016 Request to name the Emergency Operations Room within the Nambucca Emergency Operations complex at Kelly Close Macksville - The Bill Lenthall Room

447/16 RESOLVED: (Reed/Smyth)

That Council support the request from the Nambucca Local Emergency Management Committee to name the Emergency Operations Centre meeting room, The Bill Lenthall Room, in honour of the late Bill Lenthall, subject to the approval of the Lenthall family.

ITEM 11.2 SF85 271016 Minutes of the NSW Rural Fire Liaison Committee 10 August 2016

448/16 RESOLVED: (Ainsworth/Finlayson)

1 That Council receive, note the report and endorse the minutes for the RFS Liaison Committee Meeting Service Level Agreement - 2015/16 held on Wednesday 10 August 2016.

2 That Council place the unexpended funds within the RFS 2015/16 budget into the RFS reserve and used towards the 2016/17 budget accordingly.

ITEM 11.3 SF931 271016 Tender REGPRO171617 Supply and Delivery of Concrete Pipes

449/16 RESOLVED: (Finlayson/Ainsworth)

1 That Council award the REGPRO171617 Supply and Delivery of Concrete Pipes contract as a Single Source Supplier for the period 1 October 2016 to 30 September 2018 to Holcim (Aust) Pty Ltd T/As Humes.

2 That a provision be allowed by Council for a 12 month extension based on satisfactory supplier performance, which may take this contract through to 30 September 2019.

3 That Council endorse the tender evaluation for the tenders as provided in the confidential report for REGPRO171617 Supply and Delivery of Concrete Pipes Single Source Tender.

4 That Council update the Contract Register (TRIM: 31325/2016).

5 That Council note the Item12.1 in Closed Meeting.

For the motion: Councillors Hoban, Jones, Reed, Ainsworth, Finlayson, Wilson, Ballangarry, Jenvey and Smyth (Total 9)

Against the motion: Nil

ITEM 11.4 ND-BV-38 271016 Quotations for Project ND-BV-38 under Tender T008/2016 for Landslip Remediation, North Arm Road, 5.5km west of Bowraville.

450/16 RESOLVED: (Ainsworth/Finlayson)

1 That Council accept the quotation from Sporting Services (Const) Pty Ltd t/as Pan Civil.

2 That the Contract Register be udated.

3 That Council note Item12.2 in Closed Meeting.

For the motion: Councillors Hoban, Jones, Reed, Ainsworth, Finlayson, Wilson, Ballangarry, Jenvey and Smyth (Total 9)

Against the motion: Nil

ITEM 11.5 SF675 271016 Tender T121617MNC - Collection and Removal of Ferrous and Non Ferrous Scrap Metal and Unleaded Acid Batteries

451/16 RESOLVED: (Finlayson/Ainsworth)

1 That the successful tenderer be awarded the contract as the Single Source by Category supplier for Tender T121617MNC for the Collection and Removal of Ferrous and Non-Ferrous Scrap Metal and Unleaded Acid Batteries:

Category A (1) – Collection of Ferrous Scrap Metals

Category A (2) – Degassing of Air Conditioners and Refrigerators

Category B – Collection of Non-Ferrous Scrap Metals and

Category C – Collection of Unleaded Acid Batteries.

to Matthews Metal Management for the period 1 October 2016 to 30 September 2018.

2 That a provision be allowed for a 12 month extension based on satisfactory supplier performance, which may take this contract through to 30 September 2019.

3 That the Contract Register be updated.

4 That Council note Item12.4 in Closed Meeting.

For the motion: Councillors Hoban, Jones, Reed, Ainsworth, Finlayson, Wilson, Ballangarry, Jenvey and Smyth (Total 9)

Against the motion: Nil

ITEM 11.6 SF675 271016 Tender T151617 MNC Crushing of Concrete, Brick and Tile Products

452/16 RESOLVED: (Ainsworth/Finlayson)

1 That Council Does Not Accept The Tender Process For Tender T151617 Mnc For Crushing Of Concrete, Brick And Tile In Accordance With Clause 178 (3)(A) Of The Local Government (General) Regulation – Part 7 Tendering Requirements And Invite Tenders Under A New Specification.

2 That Council note Item12.5 in Closed Meeting.

For the motion: Councillors Hoban, Jones, Reed, Ainsworth, Finlayson, Wilson, Ballangarry, Jenvey and Smyth (Total 9)

Against the motion: Nil

453/16 Resolved: (Ainsworth/Jenvey)

3 That Council receive a report on possible options for the processing and reuse of construction and demolition waste.

ITEM 11.7 SF675 271016 Tender T141617 MNC Collection and Removal of Used Oil

454/16 RESOLVED: (Ainsworth/Jenvey)

1 That Tender T141617 MNC for the Collection and Removal of Used Oil from Council’s Waste Management Facility be accepted for the period 1 October 2016 to 30 September 2018 be awarded to B & M Crowe Pty Ltd.

2 That a provision be allowed for a 12 month extension, based on satisfactory supplier performance, which may take this contract through to 30 September 2019.

3 That the Contract register be updated.

4 That Council note the Item12.3 in Closed Meeting.

For the motion: Councillors Hoban, Jones, Reed, Ainsworth, Finlayson, Wilson, Ballangarry, Jenvey and Smyth (Total 9)

Against the motion: Nil

ITEM 11.8 SF90 271016 Nambucca Shire Traffic Committee Meeting Minutes - 18 October 2016

455/16 RESOLVED: (Ainsworth/Finlayson)

1 That Council remove the No Parking restrictions outside the old St Patricks School site on Wallace Street Macksville and reduce the size of the bus zone to accommodate one bus.

2 That Council approve a three (3) year long term road closure application from Nambucca Valley Sub Branch for ANZAC DAY marches throughout the Valley provided the following criteria is met by each branch:

a) Reapply every three (3) years for a subsequent three (3) year approval

b) Reapply if there are any changes to the approved application ie times or route of the march

c) Comply with approved Traffic Management Plan and/or NSW Police instruction and

d) Current Certificate of Currency for Public Liability insurance.

3 That Council install No Parking signs adjacent to the parking aisles of the Macksville Aquatic Centre Car Park.

4 That Council install Bus Zones in High Street Bowraville at the following locations:

a) 88 High Street (in front of the old museum) 7.00am to.00 6pm and

b) 25 High Street (in front of the Police Station) 7.00am to 10.00am and 2.00 pm to 6.00pm.

5 That Council install No Parking signs on the eastern side of Thompson Street, Valla Beach from 6 metres north of the circle to where the circle meets the standard road alignment.

6 That Council approve the Australia Day Carnival 2017 provided the following criteria has been received by Council two (2) weeks prior to the event:

· Certificate of Currency for Public Liability insurance

· Traffic management plan confirming Accredited Traffic Controllers will be onsite and

· Police and Roads and Maritime Services approval for the road closures.

7 That Council approve the Australia Day temporary road closures on Australia Day, Thursday 26 January 2017 as follows:

a) Access road through Gordon Park to hold the Australia Day event between 6.00am and 6.00pm and

b) Wellington Drive (from Gordon Park to the V Wall) for short periods only between 7.00am and 10.00am.

8 That Council approve the Macksville Gift Procession on 12 November 2016 and endorse the temporary road closures between the hours of 11.30am and 11.50am as follows:

· Wallace Street Station Street to Cooper Street

· Matilda Street Station Street to Wallace Street and

· Cooper Street Wallace Street to Boundary Street.

CLOSURE

There being no further business the Mayor then closed the meeting the time being 7.35 pm.

Confirmed and signed by the Mayor on 10 November 2016.

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)