NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 15 May 2008

 

PRESENT

 

Cr George Hicks (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Barry Duffus

Cr Paula Flack

Cr Rhonda Hoban

Cr Mike Moran OAM

Cr Chris Waller

Cr Sue Nash

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Bruce Redman (Director Engineering Services)

Greg Meyers (Director Environment & Planning)

Monika Schuhmacher (Minute Secretary)

 

 

 

 

PRESENTATION

 

The Mayor presented a Certificate of Appreciation to Mr Barry Swan in recognition of his thirty years of valuable service as Local Controller of the State Emergency Service for the Nambucca Shire commencing on 26 May 1978.  Mr Dave Mackey, Deputy Regional Controller from Grafton, also congratulated Mr Swan for his outstanding service.

 

 

Ordinary Council Meeting

 

SUBJECT:   DISCLOSURE OF INTEREST

 

Councillor PF Flack declared a pecuniary interest in Item 9.3 Report on Community Services Committee Minutes 29 April 2008 (Recommendations 5, 9 and 10) because she is currently employed by the Mid North Coast Area Health as a Registered Nurse at Macksville Hospital and left the meeting for these items.

 

Councillor CM Waller declared a pecuniary interest in Item 11.1 Macksville Memorial Aquatic Centre as the family owns a business that rents lanes in the hydrotherapy pool and left the meeting for this item.

 

Councillor SN Nash declared a non-pecuniary insignificant interest in Item 13.4 Rental of Bowraville Theatre as she is a member of the Bowraville Arts Council.  Cr Nash remained in the meeting for this item.

 

Councillor SN Nash declared a pecuniary interest in QWN when Cr Moran raised an interallotment drainage issue at the Macksville Industrial Estate as her father-in-law owns industrial zoned land in Macksville on which she farms.  Cr Nash left the meeting for the discussion of the QWN.

 

Councillor PF Flack also declared a pecuniary interest in Item 9.3 Report on Community Services Committee—Recommendations 14 because it resulted in discussions concerning the Area Health Service and Macksville Hospital.  Cr Flack left the meeting for the duration of this discussion.

 

 

 

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 1 May 2008

315/08 RESOLVED:         (Moran/Nash)

 

That the minutes of the Ordinary Council Meeting of 1 May 2008 be confirmed.

 

 


 


 

 

DELEGATIONS in CLOSED MEETING

 

316/08 Resolved:         (Ainsworth/Moran)

 

That Council move into Closed Meeting to hear the following delegation in Closed meeting for the reason(s) listed below—the time being 5.35 pm.

 

Reason reports are in Closed Meeting:

 

For Confidential Business Paper in Closed Meeting

ITEM 11.2    10537/2008         150508      Request to have Dangerous

 Dog Declaration Removed from Mr D Finch, Scotts Head

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.

 

 (i)      Mr David Finch—owner of dog in question.

 

Mr Finch addressed the Council.

 

 

 

 

 

 


Resolved: (Hoban/Nash)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at  5.44 pm

 

 

RESUME IN OPEN MEETING

 

ITEM 11.2    10537/2008         150508      Request to have Dangerous Dog Declaration Removed from Mr D Finch, Scotts Head

317/08 Resolved:         (Duffus/Waller)

 

1          That Mr David Finch’s request to have the Dangerous Dog Declaration removed from his dog ‘Molly’ not be acceded to due to the history of attacks and aggressive behaviour displayed by the female Bull Terrier (Staffordshire)/Rhodesian Ridgeback cross and Mr Finch has not provided any evidence that the dog has undergone any training to modify the dog’s aggressive behaviour since the Dangerous Dog Declaration has been made by Council in December 2005.

 

2          That Mr Finch be advised of the requirements of Sections 51, 52, 52A of the Companion Animals Act 1998 and Clauses 28, 28A, 29 & 30 of the Regulation 1999.

 

3          That Mr Finch be afforded a period of twenty one (21) days from the date of this resolution to have the requirements of the Companion Animals Act 1998 and Regulations 1999 complied with in regards to the requirements for housing and exercising a Dangerous Dog.

 

 

4          That Mr Finch be advised that failure to comply with resolution No 3 will lead to Council seizing the dog and placing it in the animal shelter for a period of fourteen (14) days at which time the animal will be euthanised if the provisions of the Companion Animals Act 1998 and Regulation 1999 are not complied with in regards to the keeping of a Dangerous Dog.

 

 

General Manager Report

ITEM 8.1      SF959                150508      Outstanding Actions and Reports

318/08 RESOLVED:         (Nash/Flack)

 

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

 

319/08 Resolved:         (Flack/Moran)

 

2        That once the report is received in relation to the Environmental Compliance/Environmental Management System Manual –Shire Works Depot policy, that an  appropriate system of tracking, documenting and reporting of that policy be instigated. 

 

 

 

 

 


ITEM 8.2      SF708                150508      Grant Application Status Report

320/08 Resolved:         (Moran/Ainsworth)

 

That the list of grant programs and their status be received.

 

 

 

 

 


ITEM 8.3      SF395                150508      Renewal of Loan 420

321/08 Resolved:         (Hoban/Flack)

 

That Council deal with the offer from the National Bank as a late item in Closed Meeting.

 

 

 

 


 


ITEM 8.4      SF394                150508      Capital Guaranteed Long Term Investments

322/08 Resolved:         (Waller/Ainsworth)

 

That the information concerning the capital protection portions of Council’s long term investments be noted.

 

 

 

 

 


ITEM 8.5      DA2006/143        150508      Report on Hyland Park Subdivision

323/08 Resolved:         (Waller/Hoban)

 

That Council note the details regarding to the development of Hyland Park subdivision.

 

Note:  Cr Flack requested that her vote be recorded as against this resolution as she will not support the destruction of part of an endangered ecological community.

 

 

 

 


ITEM 8.6      SF63                  150508      Goods & Services Tax Certificate

324/08 Resolved:         (Ainsworth/Moran)

 

That the Mayor, one other Councillor, the General Manager and Responsible Accounting Officer be authorised to sign the Goods and Services Tax Certificate required by the Department of Local Government.

 

 

 

 

 


ITEM 8.7      SF394                150508      Report on Investments

325/08 Resolved:         (Flack/Ballangarry)

 

That the Manager Financial Services’ Report on Investments placed to 30 April 2008 be noted.

 

 

 


 


Director Environment and Planning Report

ITEM 9.1      SF281                150508      Youth Week 2008 Report

326/08 Resolved:         (Flack/Nash)

 

1          That Council note the Report on Youth Week 2008.

 

2          That Council note that the Youth Development Officer is looking at other transport options for Youth Week 2009 and also for other Council-run events.

 

 

 

 

 


ITEM 9.2      SF283                150508      Report on Access Committee Minutes 22 April 2008

327/08 Resolved:         (Waller/Ballangarry)

 

1          That Council endorse the membership to the Access Committee of Mr Les Small, Mr Matt Sullivan and Ms Tracey Mills from Nambucca Valley Phoenix Foundation.

 

2          That Council note promotion of the wheel in wheel out kerbside service via the annual Rates Notice and Council’s webpage.

 

3          That the remaining minutes of the Access Committee meeting held on 22 April 2008 be noted.

 

 

 

 

 


Cr Flack declared a pecuniary interest and left the meeting at 6.20 pm for Recommendation 5 and returned to the meeting at 6.25 pm.

 

Cr Flack declared a pecuniary interest and left the meeting at 6.31 pm for Recommendations 9 and 10 and returned to the meeting at 6.36 pm.

 

In relation to Recommendation 14 Cr Flack declared a pecuniary interest and left the meeting at 6.39 pm and returned to the meeting at 6.40 pm because Cr Moran continued discussions regarding the Area Health Service and the Macksville Hospital.

 

ITEM 9.3      SF285                150508      Report on Community Services Committee Minutes 29 April 2008

328/08  Resolved:        (Flack/Moran)

 

That the items in the recommendation be dealt with separately.

 

 

329/08  Resolved:        (Nash/Hoban)

 

1          That Council endorse the membership to the Community Services Committee of Mr Ross Chalmers, Ms Anne Smyth, Mr Glenn Robinson and Mr Paul Sekfy.

 

 

330/08  Resolved:        (Flack/Ainsworth)

 

2          That Council’s General Manager or Mayor, take forward to the Mid North Group of Council the Community Services Committee views on social inclusion; and that Council forwards a request to the MNCGOC to invite the Minister for Social Inclusion (Jenny Macklin) to attend one of their meetings to discuss the Federal government’s social inclusion agenda.

 

 

331/08  Resolved:        (Flack/Ainsworth)

 

3          That Council actively promote its website by including its website address in all advertisements and that it provide a link from its website to the Nambucca blog (www.nambuccavalley.blogspot.com) for promotion of community projects and that the link be provided with a suitable disclaimer.

 

 

332/08  Resolved:        (Flack/Moran)

 

4          That Council takes a strategic role in managing community contact information.

 

 

MOTION:      (Ballangarry/Nash)

 

5          That consideration be given to how shortages of skilled health workers and the ageing of the health workforce can be addressed; and that the Council’s Manager Business Development attend a future Community Services Committee meeting to provide for further discussion on the opportunities and potential programs.

 

Amendment:       (Hoban/Ainsworth)

 

That Council support in principal any proposals put forward to improve the availability of skilled health workers and to address the ageing of the workforce.

 

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

 

333/08  Resolved:        (Moran/Hoban)

 

That Council support in principal any proposals put forward to improve the availability of skilled health workers and to address the ageing of the workforce.

 

 

334/08  Resolved:        (Moran/Hoban)

 

6          That the CSC supports the plans for a Skills Centre at Nambucca Heads given the positive outcomes for young people and industry in the Shire, the potential for expansion in the future and for increasing the skills levels of local people all ages.

 

 

7          (Not dealt with)

 

 

Motion:      (Flack/Nash)

 

8          That given the results of the Community and Youth surveys that Council increase its contribution to libraries by at least 10% and fund the extra hours; and further, that library services be expanded to include the full variety and range of services.

 

Amendment:       (Ainsworth/Moran)

 

 

That this matter be deferred so that it may be discussed further in accordance with Council’s previous resolution in relation to how we can provide different library hours to meet the needs of the community.

 

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

 

335/08  Resolved:        (Ainsworth/Moran)

 

That this matter be deferred so that it may be discussed further in accordance with Council’s previous resolution in relation to how we can provide different library hours to meet the needs of the community.

 

 

336/08  Resolved:        (Nash/Ballangarry)

 

9          That Council advocates with the North Coast Area Health CEO the following issues:

 

·           Community Health Care Centre - progress

·           Nursing home patients in hospital

·           No increase in HACC nursing for around 15 years

·           Allied health care – shortfalls, lack of people trained

·           Dental care – reportedly 8 year wait to get dentures

·           Mental health

·           Ageing workforce

 

 

Motion:      (Duffus/Waller)

 

10        That this item be deleted.

 

Amendment:       (Ainsworth/Moran)

 

That Council note that being an advocate for current health issues is one of the objectives of the Community Services Committee.

 

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

 

337/08  Resolved:        (Ainsworth/Moran)

 

That Council note that being an advocate for current health issues is one of the objectives of the Community Services Committee.

 

 

338/08  Resolved:        (Flack/Nash)

 

11        That Council allocate/borrow/seek grant funding which will result in sufficient funding to complete the skate park in 2008.

 

339/08  Resolved:        (Flack/Nash)

 

12        That the CSC provide a delegation to Council to support outcomes and recommendations from the 26 February 2008 forum when they go before Council in its consideration of the 2008-09 Management Plan and Budget.

 

Note:  Cr Moran requested that his vote be recorded as against this resolution because he doesn’t know what went on.

 

 

 

 

 

340/08  Resolved:        (Hoban/Flack)

 

13        That Council note the Community Service’s Committees support for endorsement of the draft Workplace Equity and Diversity Strategy.

 

 

341/08  Resolved:        (Flack/Ainsworth)

 

14        That the remaining minutes of the Community Services Committee meeting held on 29 April 2008 be noted.

 

 

 

 


ITEM 9.4      SF1148              150508      Contract Regulatory Officer's Report April 2008

342/08 RESOLVED:         (Duffus/Ainsworth)

 

That the report from the Contract Regulatory Officer April 2008 be received and noted by Council.

 

 

 

 

 


ITEM 9.5      SF612                150508      Report for Minutes of Nambucca River Estuary and Coastline Management Committee held 7 May 2008

343/08 RESOLVED:         (Moran/Ballangarry)

 

1          That Council support the allocation of $16,500 from the Environmental Levy, for Phase 2 of the Newee Creek Water Quality Monitoring Project as recommended by the Committee under Item 10.

 

2          That Council support the allocation of $10,000 from the Environmental Levy, for the Nyambaga Green Team proposed Interpretive Signage Project.

 

3          That the remaining minutes of the Nambucca River Estuary and Coastline Management Committee meeting held on Wednesday, 7 May 2008 be endorsed.

 

 

ITEM 9.6      DA2008/188        150508      Report on DANC Meetings held for DA 2008/188 and DA 2008/157, Matthew Street, Scotts Head

344/08 Resolved:         (Ainsworth/Waller)

 

That Council note the Minutes of the DANC meeting held on 6 May 2008 in relation to DA 2008/188 and DA 2008/157.

 

Note:  Cr Duffus requested that his vote be recorded as against this resolution.

 

 

 


ITEM 9.7      SF35                  150508      Report on the Review of Delegations to the General Manager for Development Applications

345/08 Resolved:         (Waller/Ainsworth)

 

1          That as a six month trial, Council amend the General Manager's delegations so as to provide the following delegation in respect of functions under Part 4 and Part 4A of the Environmental Planning and Assessment Act, 1979 (concerns the determination of development applications and certification):

 

8.4     For all functions under Part 4 and Part 4A of the Environmental Planning and Assessment Act, 1979 except for any development application where objections have been received and which may be "called in" by any Councillor for determination by either the Development Applications Notification Committee or full Council.

 

2          That a report on the trial be submitted to Council in December 2008.

 

 

 

 

 


ITEM 9.8      SF691                150508      Environment and Planning Applications Progress and Statistical Reports, April 2008

346/08 Resolved:         (Ainsworth/Moran)

 

1          That Council note development application statistics and processing times for July 2007-April 2008 compared with July 2006-April 2007.

 

2          That Council note development application statistics and processing times for the years 2002 to 2008.

 

3          That Council note the statistical breakdown of development applications thus far for the financial year 1 July 2007-30 June 2008.

 

4          That Council note the statistical information for Certificates received by Council for 2004-2008.

 

 

 

 

 


ITEM 9.9      SF691                150508      Outstanding Development Applications and Application Received 21 April 2008 to 2 May 2008

347/08 Motion:    (Nash/Ballangarry)

 

1        That the list of outstanding development applications and applications received, be noted and received for information by Council.

 

2        That the Outstanding Development Applications Report be deleted from the monthly business paper.

 

348/08 Amendment:      (Ainsworth/Moran)

 

1        That the list of outstanding development applications and applications received, be noted and received for information by Council.

 

2        That only those outstanding development applications which have been in the system for more than 12 months be reported to Council.

 

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

349/08 Resolved:         (Ainsworth/Moran)

 

1        That the list of outstanding development applications and applications received, be noted and received for information by Council.

 

2        That only those outstanding development applications which have been in the system for more than 12 months be reported to Council.

 

 

Note:  Cr Hoban requested that her vote be recorded as against this resolution as she believes it will remove vital information required by Councillors.

 

 

 

 


ITEM 9.10    SF691                150508      Development Applications Determined Under Delegated Authority to 7 May 2008

350/08 Resolved:         (Duffus/Moran)

 

That Council note for information the following Notices of Determination and Certificates granted under delegation by the Director Environment and Planning to 7 May 2008.

 

 

 


 

Director Engineering Services Report

ITEM 10.1    SF992                150508      Nambucca Emergency Operations Centre Committee Minutes – 3 April 2008

351/08 Resolved:         (Hoban/Ainsworth)

 

That Council adopt the minutes of the Nambucca Emergency Operations Centre Committee meeting held on the 3 April 2008.

 

 

 

 

 

 

 



ITEM 10.2    SF844                150508      Report on Nambucca District Water Supply Steering Committee Meeting - 30 April 2008

352/08 Resolved:         (Hoban/Ainsworth)

 

1        That Council adopt the minutes of the Steering Committee Meetings held on 30 April 2008 .

 

2        That information on the revised project budget shall be issued as a newsletter for the Council Management Plan public meetings on 12 & 13 May 2008.

 

Note:  Cr Moran requested that his vote be recorded as against this resolution because he cannot support anything without knowing how much it is going to cost.

 

 


  

Works Inspection Committee REPORT

ITEM 11.1 (8.1) 9076/2008      150508      Quarterly Review - Performance Targets Achievements to 31 March 2008

353/08 RESOLVED:         (Ainsworth/Nash)   

 

1        That Council note the extent to which the performance targets have been achieved for the quarter to 31 March 2008.

 

Motion:      (Duffus/Moran)

 

That the section concerning the Rural Fire Service be removed from the Management Plan.

 

Amendment:       (Ainsworth/Flack)

 

That Council review the means of reporting in the Management Plan our association with the Rural Fire Service.

 

The amendment was carried and became the Recommendation:

 

354/08 Resolved:         (Ainsworth/Flack)

 

2        That Council review the means of reporting in the Management Plan its association with the Rural Fire Service.

 

Motion:      (Moran/Hicks)

 

That Council adjust the opening days for the Nambucca Heads Library to be Monday, Wednesday and Friday and with the Macksville Library to open Tuesdays, Thursdays and Saturdays.

 

Amendment:       (Hoban/Ainsworth)

 

That Council review the operational hours of the Libraries for a future budget to see if the hours can be extended without increasing operational costs.

 

The amendment was carried and became the Recommendation:

 

355/08 Resolved:         (Hoban/Ainsworth)

 

3        That Council review the operational hours of the Libraries for a future budget to see if the hours can be extended without increasing operational costs.

 

ITEM 11.2 (8.2) 10946/2008    150508      March Budget Review

356/08 RESOLVED:         (Moran/Ainsworth)

 

1          That the budget review for the quarter ended 31 March 2008 be received.

 

2          That the recommended increases and decreases in votes be included as subsequent votes for the financial year 2007/2008.

 

Motion:        (Duffus/Hoban)

 

That Council not increase the budget for 2891-000 Rural Roads Gravel Pavement Maintenance by $10,000.

 

The motion was LOST.

 

Cr Duffus called for a Division.

For the Motion were Councillors Duffus, Flack, Hoban and Moran Total (4).

Against the Motion were Councillors Ainsworth, Hicks, Nash, Waller and Ballangarry Total (5).

 

357/08 Resolved:         (Flack/Hoban)

 

3        That Council conduct an on-site inspection so as to assess options for the location of a weigh bridge at the Waste Depot.

 

 

 

 

 


ITEM 11.3 (8.3) 11106/2008    150508      Presentation to Hearing on the Water Utilities Inquiry being conducted by the Hon Ian Armstrong OBE and Dr Col Gellatly

358/08 RESOLVED:         (Ainsworth/Flack)

 

1        That the information concerning the presentation be received with any suggestions from Councillors to be incorporated in the Powerpoint.

 

359/08 Resolved:         (Ainsworth/Nash)

 

2        That any additional information required by the Inquiry be submitted.

 

 

ITEM 11.4 (9.1) 10694/2008    150508      NSW RURAL FIRE SERVICE - ALTERNATE OFFICE

360/08 RESOLVED:         (Ainsworth/Flack)

 

That Council note the inspection of the NEOC building and undertake an inspection of the Rural Fire Service Headquarters at Wauchope.

 

 

 

 

 


ITEM 11.5 (9.2) 10720/2008    150508      Greenhills Road - Improved Access to Ngambaa Nature Reserve

This item was NOT CONSIDERED.

 

 

ITEM 11.6 (9.3) 10882/2008    150508      Alberta Street, Bowraville - Property Access

361/08 RESOLVED:         (Flack/Ainsworth)

 

That Council maintain the common access in Alberta Street, Bowraville and that maintenance work be undertaken in conjunction with the planned reconstruction of Alberta Street in 2008/2009.  Further, that the residents be directly notified of Council’s decision.

 

 

 


    

GB7/08 - ITEM 9.4  SF25  140508   Address by the North Coast Academy of Sport in Relation to Funding (Ref SF25)

MOTION       (Moran/Hoban)

 

That Council pay 10 cents per capita to the North Coast Academy of Sport.

 

Amendment:       (Waller/Ballangarry)

 

That Council provide a $1,000 donation to the North Coast Academy of Sport and retain $800 for sports persons not covered by the Academy program.

 

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

 

362/08 Resolved:         (Waller/Ballangarry)

 

That Council provide a $1,000 donation to the North Coast Academy of Sport and retain $800 for sports persons not covered by the Academy program.

 

 

 

ASKING OF QUESTIONS WITHOUT NOTICE

 

QWN103/08 - Cr. Paula Flack - Enviro Saver Program - Fieldforce  (Ref SF1137)

Cr Flack enquired if there been any consideration of Council taking advantage of the Enviro Saver Program offered by Fieldforce which includes free site assessment, free retrofit energy efficient light bulbs and carbon credit certificates?

 

To which the Director Environment and Planning responded that there have been discussions between Council staff and this company.  GM advised we will investigate further.

 

 

 

 

 


QWN104/08 - Cr. Paula Flack - Macksville Library - Construction of Public Toilet (Ref SF1137)

Cr Flack enquired as to why the construction of the public toilet at the Macksville library is not included on the Capital Works Program and where is the project up to?

 

The Director Environment and Planning advised that Council has reached agreement with Senior Citizen’s Club and access will be gained to in the Senior Citizen’s hall by fitting an appropriate door.  There will be some savings from costs. 

 

The General Manager advised that there will be a report back to Council on the timing of the project.

 

 

 

QWN105/08 - Cr. Paula Flack - Rodeo Drive Overpass near Showground (Ref SF1137)

Cr Flack asked about the railway overpass on Rodeo Drive near the showgrounds there is insufficient room for a truck and any other vehicle to be on road at the same time.  Cr Flack said that she had raised her concerns over this issue a number of times and is aware that the site has been inspected by Council and Rail staff but with no action to amend the situation.  Is Council liable if an accident occurs at this site now the matter has been formally identified but not addressed?

 

In response to Cr Flacks question the Director Engineering Services advised that regarding liability, it would be up to the Police report.

 

 

 

QWN106/08 - Cr. Paula Flack - Rodeo Drive - Road Repair (Ref SF1137)

In response to a question from Cr Flack regarding what the hold up was with the road repairs required on Rodeo Drive the Director Engineering Services advised that work would start on Monday 19 May 2008.

 

 

 

QWN107/08 - Cr. Paula Flack - Department of Local Government’s Review of Nambucca Shire Council (Ref SF1137)

In response to a question from Cr Flack regarding whether Council has received a response regarding the review of Nambucca Shire Council conducted by the Department of Local Government in late 2007, the General Manager advised that there has been no news so far.

 

 

QWN108/08 - Cr. Rhonda Hoban - Newee Creek Road – Maintenance (Ref SF1137)

In a request from Cr Hoban to have the road patches on Newee Creek Road fixed as they were becoming a hazard to motorists, the Director Engineering Services advised that he would have this attended to.

 

 

 

QWN109/08 - Cr. Barry Duffus - Valla Road near Pades and Willie - Maintenance (Ref SF1137)

Cr Duffus requested that while the machinery was in the area could work be directed to fix the bend at Pades on Valla Road and in front of the corner at John Willie’s property.

 

The Director Engineering Services advised that money will be allocated from minor improvements when the new budget starts.

 

 

QWN110/08 - Cr. Barry Duffus - Bent Street - Large Bump on Road (Ref SF1136)

In response to a question from Cr Duffus regarding the large hole and big bump on Bent Street Nambucca Heads which is a traffic hazard, the Director Engineering Services advised that he would investigate the situation and that it may need to install a wick to drain the water.

 

 

 

QWN111/08 - Cr. Barry Duffus - Second Hand Shop at Newville, Nambucca Heads (Ref SF1137)

In response to a concern from Cr Duffus regarding water coming off Council’s road into one of the storage sheds owned by the Second Hand Shop at Newville, the Director Engineering Services advised that he would investigate and report back to Council.

 

 

 

QWN112/08 - Cr. Barry Duffus - Missabotti Road - Spraying of Vegetation (Ref SF1137)

The Director Engineering Services advised Cr Duffus that he would investigate the spraying of weeds and other vegetation on Missabotti Road particularly from the end of the bitumen onwards.

 

 

 

 

 


Cr Nash declared a pecuniary interest in this question without notice and left the meeting at 7.40 pm, returning at 7.41 pm.

 

QWN113/08 - Cr. Michael Moran - Macksville Industrial Estate - Stormwater Drainage (Ref SF1137)

Cr Moran asked if, regarding the stormwater drainage at the Macksville Industrial Estate, an easement is required for interallotment drainage.

 

The General Manager advised that there had been favourable advice from adjoining owners regarding the creation of an easement for essentially no cost.  Council’s Manager Technical Services will investigate whether or not there are obstructions.

 

 

 

QWN114/08 - Cr. Michael Moran - Bushfire Maps (Ref SF1137)

Cr Moran enquired as when the bushfire maps were first drawn up by the Rural Fire Service and implemented.

 

The Director Environment and Planning advised Cr Moran that the Rural Fire Service produced maps from available data at the time.  Council accepted those maps.  Maps need to be signed off by the Minister and this will be attended to in 2009.

 

 

 

QWN115/08 - Cr. Michael Moran - Valla Urban Hall Committee - Section 94 Contributions (Ref SF1137)

In response to a question from Cr Moran regarding the use of Section 94 Contributions for the Valla Urban Hall Committee the Director Engineering Services advised that figures will be supplied on Monday 19 May 2008 for monies available under Section 94 Contributions.

 

QWN116/08 - Cr. Michael Moran - Public Toilets - Max Graham Drive (Ref SF1137)

In response to a question from Cr Moran regarding monies set aside from Section 94 Contributions for a toilet block to be built on a block on Max Graham Drive the Director Engineering Services advised that the Section 94 Contributions are attached to Anderson Park.

 

The General Manager advised that a Section 94 Report will be put to Council at the June Works by Mr Bruce Potts.

 

 

 

QWN117/08 - Cr. Michael Moran - Bridge at Talarm - Right of Carriageway (Ref SF1137)

Cr Moran enquired if Council owned the right of carriageway at the bridge at Talarm.

 

The Director Engineering Services advised that this is listed for the June Works.  Some new subdivisions have been give alternate accesses.  Currently the right of carriageway is in Council’s favour in that Council can nominate who uses the right of way.

 

 

 

QWN118/08 - Cr. Barry Duffus - Netting of Beaches by Fishers (Ref SF1137)

In response to a question from Cr Duffus regarding whether Council bans netting of beaches at night the Mayor advised that Cr Duffus should put a Motion of Notice to Council’s next meeting.

 

The Director Engineering Services advised that fishers are expected to comply with Council’s requirements for using beaches as outlined in the Beach Access Permit,  however, they can drive anywhere on beaches if they are professional fishers.

 

 

QWN119/08 - Cr. Martin Ballangarry - Bellwood Road, Nambucca Heads - Potholes (Ref SF1137)

Cr Ballangarry requested the Director Engineering Services to attend to the potholes on Bellwood Road, Nambucca Heads.

 

 

 

ADJOURNMENT OF MEETING

 

The meeting be adjourned at 7.50 pm for 30 minutes for a meal break.

 

RECOMMENCEMENT OF MEETING

 

The meeting recommenced at 8.20 pm

 

 


COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

363/08 RESOLVED:         (Duffus/Hoban)

 

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

For Confidential Business Paper in Closed Meeting

ITEM 11.1    10816/2008         150508      Macksville Memorial Aquatic Centre

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) (g) 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; 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.

 

 

 


For Confidential Business Paper in Closed Meeting

ITEM 11.2    10537/2008         150508      Request to have Dangerous Dog Declaration Removed from Mr D Finch, Scotts Head

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.

 

 

 


For Confidential Business Paper in Closed Meeting

ITEM 11.3    10630/2008         150508      Optus Mobile Pty Limited - Macksville Water Tower Lease for Antennas

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 11.4    10713/2008         150508      Rental of Bowraville Theatre

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 11.5    11670/2008         150508      Renewal of Loan 420

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 8.21 pm.

 

 

 

 


RESUME IN OPEN MEETING

Resolved: (Ainsworth/Ballangarry)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at  8.52 pm.

 

 

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

Councillor Chris Waller left the meeting at 8:17 pm and returned to the meeting at 8:37 pm.

 

ITEM 11.1    10816/2008         150508      Macksville Memorial Aquatic Centre

364/08 Resolved:         (Ainsworth/Ballangarry)

 

1        That Council grant a lease to M and G Cummings for the Macksville Memorial Aquatic Centre’s kiosk and sale of aquatic and associated sporting goods for the periods 2 September 2007 to 11 May 2008 and 5 September 2008 to 9 May 2009 with Council’s seal to be affixed to all necessary documentation.

 

2        That Council grant a lease to M and G Cummings for the Macksville Memorial Aquatic Centre’s waterslide for the periods 2 September 2007 to 11 May 2008 and 5 September 2008 to 9 May 2009 with Council’s seal to be affixed to all necessary documentation.

 

3        That Council adopts a risk management approach to water safety based on the Australian Standard for Risk Management AS4360-1999.

 

365/08 Resolved:         (Hoban/Duffus)

 

4        That Council receive a further report on the need or otherwise for categorisation of all pools under Practice Note 15.  Further the report is to consider risk management, who will implement it, how will it be implemented and who is to be responsible for staffing.

 

 

 

 


Item 11.2 has been dealt with under delegations—For Confidential Business Paper in Closed Meeting

 

 


For Confidential Business Paper in Closed Meeting

ITEM 11.3    10630/2008         150508      Optus Mobile Pty Limited - Macksville Water Tower Lease for Antennas

366/08 Lost Motion:     (Moran/Hoban)

 

1          That Council grant a lease  to Optus Mobile Pty Limited for Wallace Street, Macksville Water Tower for a telecommunications facility for a period to be determined.

 

2          That rent be set at $13,500 in the initial year subject to 5 per cent increase each year and the rental for the commencement of each 5 year term shall be the greater of a market review rent or a 5 per cent increase subject to 5 per cent increase for each subsequent year.

 

3          That the Mayor and General Manager be authorised to negotiate the annual rental and reviews.

 

4          That Mr Ian Coe of Bailey Dixon be engaged to assist to negotiate lease conditions on Council’s behalf.

 

5          That Council’s seal be affixed to all necessary documentation.

 

367/08 Resolved:         (Duffus/Ainsworth)

 

1          That Council grant a lease to Optus Mobile Pty Limited for Wallace Street, Macksville Water Tower for a telecommunications facility for a period to be determined.

 

2          That rent be set at $16,000 in the initial year subject to 5 per cent increase each year and the rental for the commencement of each 5 year term shall be the greater of a market review rent or a 5 per cent increase subject to 5 per cent increase for each subsequent year.

 

3          That the Mayor and General Manager be authorised to negotiate the annual rental and reviews.

 

4          That Mr Ian Coe of Bailey Dixon be engaged to assist to negotiate lease conditions on Council’s behalf.

 

5          That Council’s seal be affixed to all necessary documentation.

 

 

 

Note:  Cr Flack requested that her vote be recorded as against this resolution because does not support antenna situated over water supplies and also because of the lack of community consultation.

 

Note:  Cr Hoban requested that her vote be recorded as against this resolution because she does not support antenna situated near houses and also because of the lack of community consultation.

 

Note:  Cr Nash requested that her vote be recorded as against this resolution as there was no community consultation.

 

 

 


For Confidential Business Paper in Closed Meeting

ITEM 11.4    10713/2008         150508      Rental of Bowraville Theatre

368/08 Resolved:         (Ainsworth/Flack)

 

That Council note the report relating to the rental of the commercial premises in the Bowraville Theatre complex.

 

 

 

 


For Confidential Business Paper in Closed Meeting

ITEM 11.5    11670/2008         150508      Renewal of Loan 420

MOTION:      (Flack/Nash)

 

That Council accept the National Australia Bank’s offer on the renewal of loan 420 for ten (10) years fully amortised at a fixed term interest rate of 7.905% per annum.

 

Amendment:       (Moran/Hoban)

 

That Council seek offers from other lending institutions to ascertain comparative rates with authority being given to the Mayor and General Manager to accept the best offer.

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

 

369/08 Resolved:         (Moran/Hoban)

 

That Council seek offers from other lending institutions to ascertain comparative rates with authority being given to the Mayor and General Manager to accept the best offer.

 

 

Note:  Cr Duffus requested that his vote be recorded as against this resolution.

 

 


 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 8.52 pm. 

 

Confirmed and signed by the Mayor on 5 June 2008.

 

 

 

 

CR GEORGE HICKS

MAYOR

(CHAIRPERSON)