Minutes of Ordinary Council Meeting

PRESENT

Cr Rhonda Hoban (Mayor) Arrived 6.13 pm	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)
Paul Gallagher (AGM Engineering Services) Arrived 6.13 pm
Monika Schuhmacher (Minute Secretary)

PRAYER

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

DISCLOSURE OF INTEREST

Councillor Jones declared a non-pecuniary less significant conflict of interest in Item 5.2 Notice of Motion - Rubbish Removal at the Annual Nambucca Strikers Challenge Cup under the Local Government Act as Cr Jones is the Public Officer of the Nambucca Strikers Soccer Club.

Councillor Wilson declared a non-pecuniary significant conflict of interest in Item 6.1 Notice of Rescission - Australia Day under the Local Government Act as he is an executive member of the Lions Club of Nambucca Heads and the celebration of Australia Day on 26 January 2016 is important because of the funds they are able to raise at the event for local hospital/medical needs.

Councillor J Reed declared a non-pecuniary significant conflict of interest in Item 10.7 Macksville Hospital Redevelopment under the Local Government Act as Cr Reed is a Governing Board Member of the Mid North Coast Local Health District. Cr Reed left the meeting for this item.

Councillor JA Ainsworth declared a non-pecuniary significant conflict of interest in Item 10.12 Gumma Swamp Land Dedication under the Local Government Act as Cr Ainsworth owns land in the Gumma Swamp area and is an immediate neighbour to the applicant. Cr Ainsworth left the meeting for this item.

Councillor Smyth declared a non-pecuniary less significant conflict of interest in Item 10.16 Establishment of a Council 'Clean Energy Committee' under the Local Government Act as Cr Smyth is a non-executive member of Nambucca Valley Conservation

CONFIRMATION OF MINUTES - Ordinary Council Meeting 24 November 2016

512/16/16 RESOLVED: (Smyth/Reed)

That the minutes of the Ordinary Council Meeting of 24 November 2016 be confirmed.

NOTICE OF RESCISSION

ITEM 6.1 SF794 151216 Notice of Rescission - Australia Day

512/16 RESOLVED: (Jenvey/Ballangarry)

That this motion be withdrawn.

NOTICE OF MOTION - CR Smyth

ITEM 5.1 SF2183 151216 Notice of Motion - Request for Leave - Cr Anne Smyth (SF1228)

513/16 RESOLVED: (Smyth/Ballangarry)

That this motion be withdrawn.

NOTICE OF MOTION - CR Jones

ITEM 5.2 SF2183 151216 Notice of Motion - Rubbish Removal at the Annual Nambucca Strikers Challenge Cup (SF575)

514/16 RESOLVED: (Jones/Ballangarry)

That Council provide the rubbish removal for the Challenge Cup Event to be held on the 17, 18 and 19 of March 2017 at Coronation Park in Nambucca Heads.

PUBLIC FORUMS and DELEGATIONS

RECOMMENDATION:

That the following delegations be heard:

PUBLIC FORUM

i) Ms Nicole Murphie – Road safety

ii) Mrs Elaine South – Congarinni Road

iii) Ms Elaine Ward - Wards Lane - Dust

iv) Mrs Marlene Hillard - Rubber trees on Bellevue Drive Macksville

v) Mr Peter Hill - Adopt a Highway—Not in attendance

vi) Mr Marcel De Koning – Cost of Beach Permits

vii) Ms Ange Myer – Speed Limit on Northbank Road

viii) Mr Paul Schadel – Give Way Sign

ix) Mr Michael Griffiths – Damage Caused by World Rally

x) Mr Garry Lee – Road Safety

DELEGATION

10.10 Pacific Highway Road Noise Affecting Valla Residents.................................................... 5

i) Mr Simon Wagg – Complainant

PUBLIC FORUM

i) Ms Nicole Murphie—Road Safety and World Rally

Ms Murphie welcomed Council to Utungun Hall and the community on behalf of Libby Ussher.

Ms Murphie made the following points:

· Road safety issue around hall

· Presentation already made previously to Council without response

· No designated speed limit, many activities take place in the Hall,

· Approx. 1700 people came through hall in 2016

· School bus stop directly outside hall

· Many children come and go from the Hall

· Traffic very fast, traffic vehicles varies from extremely large trucks to bicycles

· Risk of accident is high, something tragic will occur due to excess speed and no speed limits

· Suggests maximum of 60kmh around hall up to the fire station

· Maras Creek intersection, no lines, only one give way sign

· Not marked well and angle is dangerous

· Culvert in front of hall, several accidents – needs to be improved

· Inexpensive and easily implemented measures could save potential lives and accidents

· World Rally – Utungun stage commences in front of the Hall

· Was responses that were unacceptable – her horse was in a bad medical state which was exacerbated by the cars’ revving noises but police and officials would not move the vehicles a little further away

· Helicopter landed in property without permission or medical reason

ii) Ms Elaine South—Congarinni South Road

On behalf of Congarinni South residents – 80 to 90 residents

· Dust and dry conditions with some nearby houses not visible due to dust

· Heavy usage of this road

· Closest unsealed road to town

· One home every 228 metres

· Is used as a link road

· Major transport road for semi-trailers, livestock movers etc

· Country Roads Grant Round 3 coming up soon (Melinda Pavey MP)

· Safety is a concern, many near accidents, many elderly locals. All ratepayers.

iii) Ms Elaine Ward—Condition of Wards Lane

· Wards Lane is no through road, 800 metres unsealed and services 9 properties

· Family lived there since 1922

· Residents clear trees, fix washout etc after storms because they care, don’t call Council

· Concerns for children at intersection – no shoulder

· Adults with push stroller forced to walk on road

· Intersection with Taylors Arm Road, no safety turning lane available,

· Some upgrade with lines in 1990, then lines moved back after no consultation with locals

· Very large tree on the crest of the hill and nearly on the road, dangerous hazard

· lack of garbage service – no service is possible as Council has not provided a turning circle

· No shoulder for bins or area for garbage bin pickups

· Safety of residents and especially the very young is of utmost concern

· Overgrown and dead trees on the road reservation are a problem.

iv) Mrs Marlene Hillard—Rubber trees on Bellevue Drive Macksville

· Trees opposite 40 Bellevue Drive Macksville, her mother’s home

· The root system of trees is the problem, not the trees themselves

· Logs, rubbish, leaves, root system prohibits mowing in some parts of lawn

· Sections of cycleway replaced

· Request Council remove the trees and replace with suitable natives

· Some roots 20 metres long towards the Macksville bridge

· Ongoing cost to ratepayers if trees/roots are not removed

· Provided 2 photos for Council to peruse.

v) Mr Peter Hill—Adopt a Highway - NOT PRESENT

The Mayor and Assistant General Manager Engineering Services arrived at the meeting at 6.13 pm.

vi) Mr Marcel De Koning addressed Council on the Cost of Beach Permits

· Price increase since last year – 100% increase to $60 pa

· Some beaches part of National Parks and why should we pay Council fees as well

· A lot of money to pay for some recreation

· Not fair that they should pay for use of beaches in other Shires when they only want to use Nambucca Shire beaches.

vii) Ms Ange Myer—Speed Limit on Northbank Road

· No speed limit on road

· Majority travel at respectable speed

· Some vehicles speed

· Their house is very close to the road and they worry about children and grandchildren

· Speed limit would ensure safety

· Upgrade bitumen in front of houses especially No 181 – is in bad condition after the World Rally

viii) Mr Paul Schadel—Give Way Sign

· Intersection with Maras Creek, Y intersection

· Vision problems increased

· Coming down Maras Creek Road towards Hall you need to look before intersections as too difficult to look back to Taylors Arm Road

· Give way sign should be on Taylors Arm Road

ix) Mr Michael Griffiths—Damage Caused by World Rally

· Not only Rally Australia cause damage

· Council graded road 3 weeks before the Rally which caused much dust on his property

· Dealing with Rally Australia is very difficult

· Asked for barriers on property to protect trees in first Rally

· Second Rally no barriers advised by Rally official

· Lost farm productions; lost work for his workers

· Dust a problem in keeping finger limes alive

· Rally and Council grading filled orchard with dust and destroyed all his fruit

· Referred to World Rally Act which has to be adhered to

· Not out of Council’s hands, Kyogle stopped the Rally

· People set up unauthorised camping on his site, no water, no toilet, no communication

· His fruit is exported and now has insufficient to supply

· Letter of 22 November 2016 from Mr Griffiths needs to be answered

x) Mr Garry Lee— Road Safety

· Resident of Maras Creek Road

· 2.1 km left not sealed after 20 years

· Need for Give Way sign, traffic management plan is completely wrong

· Impeded by topography – landfall on the reserve

· Stabilisation can be carried out

· Pruning needed in Maras Creek Road, it is a tunnel of trees

· Travel on wrong side of road in excess of 300 m

· Road maintenance, would like 2.1 km sealed to the dairy

· Sprayed bitumen each side of Tom Maras Bridge has reduced dust

· Must be management plan that some funds can be earmarked to help

· From Dairy to Summerville’s property grading once a year – is there a management plan for grading?

· Speed concerns in Utungun area

· Risks can be reduced by cutting back trees and sign posts cannot be seen as behind guide posts

· Suggests 50kmh sign from intersection of Taylors Arm Road and Boat Harbour Road to Hall.

The Mayor took the Chair at 6.54 pm at the conclusion of the public forums.

The Mayor thanked the Deputy Mayor for Chairing the Council meeting in her absence.

DELEGATION

10.10Pacific Highway Road Noise Affecting Valla Residents................................................................. 5

Mr Simon Wagg had to leave the meeting early and was not available to address Council. He had advised the Mayor that he will send Council a petition. He thanked Council for their support.

ITEM 10.10 SF1540 151216 Pacific Highway Road Noise Affecting Valla Residents

515/16 RESOLVED: (Ainsworth/Smyth)

That Council enquire with the RMS as to what action is being taken in relation to the noise complaints it has received from Valla and Valla Beach residents and secondly in view of those complaints, whether or not the RMS is reviewing proposed noise mitigation on the Warrell Creek to Nambucca Heads section of highway.

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 10.1 SF959 151216 Outstanding Actions and Reports

516/16 RESOLVED: (Ainsworth/Reed)

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

ITEM 10.2 SF611 151216 Rate Peg for 2017/2018 (1.5%)

517/16 RESOLVED: (Ainsworth/Finlayson)

That the information concerning IPART’s determination of a 1.5% rate peg for the 2017-2018 financial year be received.

ITEM 10.3 SF270 151216 Local Government Remuneration Tribunal - Annual Determination of Fees Payable to Councillors and Mayors

518/16 RESOLVED: (Ainsworth/Wilson)

That Council note the information concerning the review for the 2017 annual determination on the fees payable to Councillors and Mayors to take effect from 1 July 2017.

ITEM 10.4 RF391 151216 Replacement of Browns Bridge, Sadlers Lane, Taylors Arm

519/16 Motion: (Finlayson/Ballangarry)

That Council replace Brown’s Bridge as per Council’s Bridge Replacement Program, utilising the $25,000 offered by the property owner to improve the bridge approaches.

Amendment: (Finlayson/Ainsworth)

That Council take no action in regard to replacing Brown’s Bridge and that Council investigate the possibility of providing a causeway instead of a bridge.

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

520/16 Resolved: (Finlayson/Ainsworth)

That Council take no action in regard to replacing Brown’s Bridge and that Council investigate the possibility of providing a causeway instead of a bridge.

ITEM 10.5 SF1479 151216 Sale of Proposed Lots 13, 14 and 15 - Railway Road, Nambucca Heads

521/16 RESOLVED: (Ainsworth/Finlayson)

1 That Council approve the sale of proposed Lots 13 and 14 (to be known as Lot 131) and Lot 15 (to be known as Lot 132) to Mr Paul Kelsall or his company for a price of $370,000 inclusive of GST with the contract conditions to be as per those listed in the report.

2 That Council’s seal be attached to documents relating to the registration of the lots and the sale of the land as required.

ITEM 10.6 SF611 151216 Temporary Advisers and Financial Controllers

522/16 RESOLVED: (Ainsworth/Finlayson)

That the information about the legislation to allow the appointment of temporary advisers and financial controllers to councils be received.

Cr Reed left the meeting for this Item at 7.42 pm and returned after the conclusion of this Item at 7.57 pm.

ITEM 10.7 SF988 151216 Macksville Hospital Redevelopment

523/16 RESOLVED: (Ainsworth/Finlayson)

1 That given the allocated $50m for the redevelopment of the Macksville Hospital, Council request the Mid North Coast Local Health District and the NSW Department of Health to investigate the cost/benefit of establishing the Macksville hospital on a new site, including the option of RMS owned land at North Macksville.

2 That Council request the Mid North Coast Local Health District and the NSW Department of Health to consult with the public on the cost/benefit of establishing the Macksville hospital on a new site.

ITEM 10.8 SF2150 151216 Bowraville Solution Brokerage Task Group

524/16 RESOLVED: (Finlayson/Jenvey)

That Council note the formation of the Bowraville Solution Brokerage Task Group.

ITEM 10.9 SF42 151216 Development of a Model Code of Meeting Practice for NSW Councils

525/16 RESOLVED: (Ainsworth/Reed)

That the Office of Local Government be advised of the observations and comments in the report concerning meeting rules.

Item 10.10 was dealt with under Delegations.

ITEM 10.11 SF578 151216 MIDROC Contaminated Land Policy and Policy Guidelines

526/16 RESOLVED: (Ainsworth/Finlayson)

1 The Policy and guidelines be placed on exhibition for a minimum of 28 days.

2 After the completion of the exhibition period, the policy be referred back to Council for consideration.

3 That Council continues to maintain a Contaminated Land Register.

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

Against the motion: Nil

Cr Ainsworth left the meeting for this Item at 8.12 pm and returned after the conclusion of the Item at 8.30 pm.

ITEM 10.12 LF1547 151216 Gumma Swamp Land Dedication

Motion: (Jenvey/Smyth)

That Council accept dedication of the section of the Gumma Swamp located within Lot 20 DP 245595 and Lot 1 DP 1204205 as outlined in pink within figure 2 of the report.

Amendment: (Hoban/Reed)

That Council receives a further brief report as to whether the has been any investigation has been made as to the potential of ownership for the land being dedicated to interested environmental groups such as Wetland Care Australia before reconsidering this proposal.

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

527/16 Resolved: (Hoban/Reed)

That Council receives a further brief report as to whether there has been any investigation as to the potential for the land being dedicated to interested environmental groups such as Wetland Care Australia before reconsidering this proposal.

ITEM 10.13 DA2016/192 151216 Development Application DA2016/192

528/16 RESOLVED: (Smyth/Finlayson)

That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2016/192 for the change of use of an existing unauthorised studio into a secondary dwelling at Lot 8 Sec H DP 20823 – 20 Vernon Street, Scotts Head, subject to the schedule of conditions outlined in attachment 2 of this report.

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

Against the motion: Nil

ITEM 10.14 SF2172 151216 Minutes of the Nambucca Shire Council Access Committee meeting held 25 October 2016

529/16 RESOLVED: (Finlayson/Reed)

1 That Peter Shales be elected to the position of Committee Chairperson.

2 That Council endorse the minutes of the Nambucca Shire Council Access Committee meeting held 25 October 2016.

ITEM 10.15 SF2172 151216 Minutes of the Nambucca Shire Council Access Committee meeting held 15 November 2016

530/16 RESOLVED: (Smyth/Finlayson)

1 That Mr Cameron Gowing be endorsed as a Committee member.

2 That Council’s Engineering staff investigate appropriate locations for dump points for RVs at Macksville, Nambucca Heads and Bowraville and provide a report back to the Access Committee.

3 That Council endorse the minutes of the Nambucca Shire Council Access Committee meeting held 15 November 2016.

ITEM 10.16 SF842 151216 Establishment of a Council 'Clean Energy Committee'

Motion: (Jenvey/Smyth)

1 That Council adopt the Terms of Reference for a ‘Clean Energy Committee’ as outlined in the body of the body of this report.

2 That two Councillors, including a Chair, be appointed to the Committee.

3 That Council nominate a Chair and a second Councillor.

4 That Council formally invite the Office of Environment and Heritage to be a part of this Committee, specifically the Clean Energy Coordinator NE region.

5 That Council formally invite the Nambucca Valley Conservation Association be a part of this Committee and nominate a representative.

6 That Council formally invite Transition Nambucca Valley to be a part of this Committee and nominate two representatives.

7 That Council invite Bellingen Shire Council to be a part of this Committee in an advisory role.

Amendment: (Jenvey/Smyth)

That Council invite Bellingen Shire Council to be a part of this Committee to order to take advantage of potential resource sharing on future projects. And further, if the response is positive, Council forward a copy of the draft Terms of Reference for consideration.

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

531/16 Resolved: (Jenvey/Smyth)

ITEM 10.17 SF688 151216 Land for Wildlife in the Nambucca Shire

532/16 RESOLVED: (Reed/Ballangarry)

That Council allocated $2000 from the Environmental Levy to support the Land for Wildlife Program in the Nambucca Shire during 2017.

ITEM 10.18 SF2173 151216 Development Applications greater than 12 months or where submissions received - 15 November to 7 December 2016

533/16 RESOLVED: (Reed/Finlayson)

That the information be noted by Council.

ITEM 10.19 SF2173 151216 2016 November - Development and Complying Development Applications Received

534/16 RESOLVED: (Finlayson/Ainsworth)

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

ITEM 10.20 SF2173 151216 2016 November - Approved Construction and Complying Development Certificates

535/16 RESOLVED: (Finlayson/Ainsworth)

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

ITEM 10.21 SF2173 151216 Draft Coastal Management State Environmental Planning Policy

536/16 RESOLVED: (Finlayson/Ballangarry)

That Council make a submission to the Department of Planning and Environment concerning the draft Coastal Management SEPP, including the points outlined in the report below.

ITEM 10.22 SF2173 151216 NSW Climate Change Policy Framework and Draft Climate Change Fund Strategic Plan

537/16 RESOLVED: (Jenvey/Jones)

That Council make a submission about A Draft Climate Change Fund Strategic Plan and a Draft Plan to Save NSW Energy and Money as detailed in the report.

Assistant General Manager Corporate Services Report

ITEM 11.1 SF2230 151216 Investment Report To 30 November 2016

538/16 RESOLVED: (Ainsworth/Finlayson)

That the Accountants’ Report on Investments placed to 30 November 2016 be noted.

ITEM 11.2 SF251 151216 Schedule of Council Public Meetings

539/16 RESOLVED: (Smyth/Wilson)

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

ITEM 11.3 SF306 151216 Burrapine Public Hall Committee of Management - Minutes of Annual General Meeting - 13 November 2016

540/16 RESOLVED: (Finlayson/Ballangarry)

That Council endorse the Minutes of the Committee of Management for the Burrapine Public Hall’s Annual General Meeting held on 13 November 2016 and thank the outgoing Committee for their work in the past twelve months.

ITEM 11.4 SF335 151216 Talarm Hall Committee of Management - Minutes of Annual General Meeting - 28 November 2016

541/16 RESOLVED: (Finlayson/Reed)

That Council endorse the Minutes of the Committee of Management for the Talarm Hall Annual General Meeting held on 28 November 2016 and thank the outgoing Committee for their work in the past twelve months.

ITEM 11.5 SF1389 151216 Grant Application Status Report

542/16 RESOLVED: (Finlayson/Ainsworth)

That Council receive the list of grant applications to 6 December 2016 and the list of current grant funding available from Council’s new Grants Calendar.

Assistant General Manager Engineering Services Report

ITEM 12.1 ND-NA-50 151216 Quotations for Projects ND-NA-50, ND-NA-51 and ND-NA-52 23.5km, 24.9km and 25.7km on North Arm Road under Tender T008/2016 Bowraville

543/16 RESOLVED: (Finlayson/Ainsworth)

1 That Council accept the quotation received from Sporting Services (Const) Pty Ltd t/as Pan Civil as a lump sum price for the landslip remediation for Project ND-NA-50 located at chainage 23.6km on North Arm Road.

2 That Council accept the quotation received from Sporting Services (Const) Pty Ltd t/as Pan Civil as a lump sum price for the landslip remediation Project ND-NA-51 located at chainage 24.9km on North Arm Road.

3 That Council note that the landslip remediation located at chainage 25.7km North Arm Road Project ND-NA-52 will be undertaken in-house with the construction of a 10m single lane bridge, and that Council is required to provide $30,000 funding from working funds toward the additional cost which is classified as betterment under the natural funding guidelines as the replacement of culverts are not adequate nor feasible due to the size of the catchment.

4 That Council endorse the tender evaluation as provided in the confidential report for Project ND-NA-50 and Project ND-NA-51 located on North Arm Road.

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

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

Against the motion: Nil

ITEM 12.2 SF95 151216 Results of the trial of nose-to-kerb parking in River Street (West) Macksville

544/16 RESOLVED: (Ainsworth/Finlayson)

1 That Council note the results of community consultation, the online survey and questionnaires relating to the trial of nose-to-kerb parking arrangements on River Street (west) Macksville.

2 That Council revert back to reverse angle parking prior to the Christmas School Holidays.

ITEM 12.3 SF90 151216 Nambucca Shire Traffic Committee Meeting Minutes - 6 December 2016

545/16 RESOLVED: (Ainsworth/Finlayson)

1 That the Nambucca Shire Traffic Committee recommends that Council note the Nambucca Shire Traffic Committee meetings will continue to commence at 10.30 am on the first Tuesday of every second month with the exception of October, being 7 February; 4 April; 6 June; 1 August; 10 October and 5 December 2016.

2 That the Nambucca Shire Traffic Committee recommends that Council note the results of the community consultation, the on line survey questionnaires relating to the trial of nose to kerb parking arrangements on River Street (west) Macksville.

3 That the Nambucca Shire Traffic Committee recommends that Council revert back to reverse angle parking and finish the trial prior to the 2016 Christmas School Holidays.

4 That the Nambucca Shire Traffic Committee recommends that Council extend the 50 km/h speed zone that currently terminates at the end of Glenmore Crescent North Macksville to 30m beyond the intersection of Uriti Road and Gardens Estate.

ITEM 12.4 SF2195 151216 Damaged Roads due to World Rally Event

546/16 RESOLVED: (Ainsworth/Finlayson)

1 That Council endorse the process for determining the Rally damage costs, utilising pre and post videos for comparison.

2 That the assessment of the cost for repairs to damaged roads be finalised and a claim for damages be submitted to Rally Australia.

3 That the General Manager and Assistant General Manager Engineering Services enter into negotiations with Rally Australia regarding the claim.

4 That a report be submitted to a future Council Meeting outlining the assessed claim and the outcome of the negotiations.

5 That Council note that all comments received by Council in relation to the World Rally, both positive and negative. as recorded in its customer request (MERIT) and document management systems (TRIM) will be forwarded to the Department of Premier and Cabinet.

ITEM 12.5 SF1075 151216 Energy Consumption and Greenhouse Gas Emissions for the Period 1 July 2009 to 30 June 2016

547/16 RESOLVED: (Smyth/Ainsworth)

That Council receive and note the report on the energy consumption and greenhouse gas production.

Assistant General Manager Engineering Services Report – LATE

ITEM 12.6 SF2195 151216 Estimated Repair costs after the World Rally Championship road held within Nambucca Shire

548/16 RESOLVED: (Reed/Ballangarry)

Council invoice Rally Australia an amount of $156,242 for damage that has occurred to local roads during the World Rally Championship event held within the Nambucca local government area.

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

Resolved: (Ainsworth/Ballangarry)

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 13.1 ND-NA-50 151216 Confidential Report Quotations for Project ND-NA-50 and ND-NA-51 23.6km and 24.9km on North Arm Road under Tender T008/2016

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) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

For Confidential Business Paper in Closed Meeting

ITEM 13.2 SF839 151216 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.

For Confidential Business Paper in Closed Meeting

ITEM 13.3 PRF71 151216 Nambucca Heads Skate Park

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) (e) (g) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, prejudice the maintenance of law; AND 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 9.37 pm.

RESUME IN OPEN MEETING

Resolved: (Ainsworth/Wilson)

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 9.43 pm

FROM COUNCIL IN CLOSED MEETING

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 13.1 ND-NA-50 151216 Confidential Report Quotations for Project ND-NA-50 and ND-NA-51 23.6km and 24.9km on North Arm Road under Tender T008/2016

549/16 RESOLVED: (Ainsworth/Reed)

That Council receive and note the information contained in the contractor’s prices and the evaluation.

For Confidential Business Paper in Closed Meeting

ITEM 13.2 SF839 151216 General Manager's Performance Review

550/16 RESOLVED: (Finlayson/Jones)

That this item be deferred until the Council meeting on 12 January 2017.

For Confidential Business Paper in Closed Meeting

ITEM 13.3 PRF71 151216 Nambucca Heads Skate Park

551/16 RESOLVED: (Jenvey/Ballangarry)

That Council note the information concerning the Nambucca Heads Skate Park.

CLOSURE

There being no further business the Mayor then closed the meeting the time being 9.44 pm.

Confirmed and signed by the Mayor on 12 January 2017.

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)