NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 07 May 2009

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Janet Court

Cr Brian Finlayson

Cr Paula Flack

Cr Mike Moran OAM

Cr Anne Smyth

Cr Elaine South

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Noel Chapman (A/G Director Engineering Services)

Greg Meyers (Director Environment & Planning)

Monika Schuhmacher (Minute Secretary)

 

 

PRAYER

 

Captain John Viles of the Salvation Army, offered a prayer on behalf of the Nambucca Minister's Association.

 

 

Ordinary Council Meeting

 

SUBJECT:        DISCLOSURE OF INTEREST

 

There were no disclosures of interest.

 

 

 

SUBJECT:   CONFIRMATION OF MINUTES of ORDINARY Council MEETING - 16 April 2009

1194/09 RESOLVED:       (Moran/Ballangarry)

 

That the minutes of the Ordinary Meeting of Council of 16 April 2009 be confirmed subject to the following amendments:

 

Page 3         Cr Flack, advised that her Notice of Motion - Business Paper, showed the incorrect amendment.  The wording of the amendment was the resolution, being:

1    That posting of the business papers for Council’s second Ordinary monthly meeting and the General Purpose committee meeting occur on a Wednesday.

2    That the Meeting Code of Practice be amended when Council next reviews the Meeting Code of Practice.

 

 

 


NOTICE OF MOTION – CR Ainsworth

ITEM 5.1      SF1269              070509      Notice of Motion - Deletion of Policies which Restate Legislation

Motion:      (Ainsworth/Moran)

 

That the General Manager be provided with delegated authority to delete Council’s policies which mainly restate legislation, and that Councillors be provided with a list of deleted policies.

 

Amendment:       (Smyth/Flack)

 

That the General Manager be provided with delegated authority to delete Council’s policies which restate legislation and that Councillors are advised of the policies/legislation prior to their deletion.

 

The amendment was LOST.

 

Amendment:       (Court/Flack)

 

That the General Manager be provided with delegated authority to delete Council’s policies which mainly restate legislation, and that Councillors be provided with a list of deleted policies.

 

The amendment was LOST.

 

The motion upon being put was carried and it was:

 

1195/09 Resolved:       (Ainsworth/Moran)

 

That the General Manager be provided with delegated authority to delete Council’s policies which mainly restate legislation.  Note:  Councillors Ballangarry, Flack and Smyth requested that their votes be recorded as against this resolution as they would like to see a list of policies which are being deleted.

 

 

 


NOTICE OF MOTION – CR Flack

ITEM 5.2      SF1269              070509      Notice of Motion - Proofreading Documents for Exhibition

Motion:      (Flack/Smyth)

 

That all draft documents destined for public exhibition are proofread by a staff member prior to being sent to Councillors for comment.

 

Amendment:       (Hoban/Finlayson)

 

That the General Manager be requested to ensure that staff are reminded of the importance of document presentation, such as spelling, grammar etc, in all documents presented for public exhibition.

 

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

 

1196/09 Resolved:       (Hoban/Finlayson)

 

That the General Manager be requested to ensure that staff are reminded of the importance of document presentation, such as spelling, grammar etc, in all documents presented for public exhibition.

 

 

 


DELEGATIONS

 

There were no delegations.

 

 

 

 


ASKING OF QUESTIONS WITH NOTICE

 

There were no questions with notice.

 

 


 


QUESTIONS FOR CLOSED MEETING

 

Cr Ainsworth had a question for Closed Meeting regarding Thistle Park.

 

 

 

 

 


General Manager Report

ITEM 9.1      SF959                070509      Outstanding Actions and Reports March 2009

1197/09 Resolved:       (Ainsworth/Moran)

 

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

 

1198/09 Resolved:       (Flack/Smyth)

 

2        That in regard to Item 40 (Wia-Ora Sand and Gravel Quarry) that the report consider options for calling in bonds to undertake works.

 

 

 


ITEM 9.2      SF706                070509      Grant Application Status Report - 7 May 2009

1199/09 RESOLVED:       (Flack/Ballangarry)

 

That the list of grant programs and their status to 5 March 2009 be received.

 

 

 

 


1200/09 Resolved:       (Hoban/Moran)

 

That Council proceed to Item 9.6 as Items 9.3, 9.4 and 9.5 were addressed in the Budget report.

 

 

 

 


ITEM 9.6      SF844                070509      Subsidy for the Nambucca Water Supply Augmentation Scheme

1201/09 RESOLVED:       (Finlayson/Ainsworth)

 

1        That the information concerning the subsidy for the Nambucca Water Supply Augmentation Scheme be received.

 

2        That Council write to the Minister for Water thanking him for the subsidy offer.

 

 

 


 


ITEM 9.7      SF1288              070509      Classification of Land Dedicated to Council

1202/09 RESOLVED:       (Moran/Ainsworth)

 

1          That Lot 15 DP 1134592, Sunbird Drive, Nambucca Heads be classified as Operational Land pursuant to and in accordance with the Local Government Act 1993.

 

2          That Lot 1 DP 1130652, corner Mann and Bent Streets, Nambucca Heads be classified as Operational Land pursuant to and in accordance with the Local Government Act 1993.

 

 

 

 


ITEM 9.8      SF639                070509      Review of the Planning Department Incorporating Comments From the Consultative Committee

1203/09 Resolved:       (Ainsworth/Finlayson)

 

1          That Council’s Organisation Structure be amended by the removal of a 3 day per week Customer Service Officer from the Environment and Planning Department unless there is a surplus sufficient to finance the position in the 2009/2010 budget.

 

2          That the staffing of the Department be reviewed again in six months or upon the resignation of any professional staff member, whichever occurs first.

 

3          That Council note the proposed recruitment of a replacement Health and Building Surveyor in accordance with the adopted organisation structure.

 

4          That Council note the non replacement of the three day per week Customer Service Officer will result in a reduction in the level of service to external customers. 

 

Note:  Cr Moran requested that his vote be recorded as against these resolutions due to the downturn in the building industry.

 

1204/09 Resolved:       (Flack/Ainsworth)

 

5          That Council receive a report from the General Manager relating to the need for administrative support across the organisation.

 

 

 

 


ITEM 9.9      SF86                  070509      New Funding Arrangements for Emergency Services

1205/09 Resolved:       (Court/Smyth)

 

That the information concerning the revised funding arrangements for emergency services (State Emergency Services, NSW Rural Fire Service and NSW Fire Brigades) be received.

 

 

 


 


ITEM 9.10    LF4492               070509      Modified Development Consent for DA 3040

1206/09 RESOLVED:       (Flack/Ballangarry)

 

1          That Council authorise the General Manager and the Mayor to execute and affix the Council seal to the withdrawal of Caveat 7593157V.

 

2          That Council ratify the terms of the Deed of Agreement between Nambucca Shire Council and the registered proprietors of Lot 203 in DP 811141.

 

3          That Council authorise the General Manager and the Mayor to execute the Deed of Agreement between Nambucca Shire Council and the registered Proprietors of Lot 203 in DP 811141, subject to any amendments reasonably required by either party to give effect to the Deed.

 

4          That Council register a Caveat on Lot 203 in DP 811141 pursuant to the Deed of Agreement between Nambucca Shire Council and the registered Proprietors of Lot 203 in DP 811141.

 

 

 

 


ITEM 9.11    SF21                  070509      Minutes of the Saleyards Advisory Working Group Meeting held 21 April 2009

1207/09 RESOLVED:       (Flack/Ainsworth)

 

1        That the Saleyards Advisory Working Group meet twice a year or as required to discuss the operation and strategic planning of the Macksville Saleyards including:

 

a       to identify opportunities to increase revenue at the Saleyards;

 

b       having regard to operating budgets to identify and priorities improvements and repairs to the Saleyards;

 

c        to make recommendations for future capital improvement programs for the Saleyards;

 

d       to identify and discuss support industry and legislative requirements for the operation of the Saleyards and sale days;

 

e       to report to Council on the consideration and recommendations of the Saleyard Advisory Working Group.

 

2        That the following members be elected to the following positions:

 

          Chair person – Mayor – Cr Rhonda Hoban

          Vice Chair – Michael Jones

          Secretary – Property Officer – Steven Williams

 

3        That Council investigate the implementation and costs of an effluent management system to replace the current regime of periodic pump out of the effluent pit at the Macksville Saleyards.

 

4        That work at the saleyards be investigated in the following order of priority:

 

          i)       Capital improvements:

                   a        Effluent Management System;

                   b        Replacement of Grandstand. 

 

         ii)       General maintenance:

                   a        installation of guard rails around water troughs in new pens.

 

          The following Proposed work issues were noted.

 

          iii)      OH & S Issues:

                   That Council staff are currently attending to replacement of pens leading to the weighbridge to rectify the safety issues identified.

 

          iv)      Shade Sails:

                   It was noted that no further work is required on shade sails at the Saleyards.

 

          v)       Toilet Amenities:

                   It was noted that the existing toilet facilities are sufficient to service saleyard patrons.

 

5        That there is sufficient knowledge of the local cattle production market and that it is not necessary to investigate/research market share and requirements at this stage.

 

 

 

 


ITEM 9.12    SF124                070509      Report on Notice of Motion - Superannuation

1208/09 RESOLVED:       (Finlayson/Court)

 

That Council note for information the explanation for why it has to pay the additional superannuation contribution.

 

Note:  Cr Moran requested that his vote be recorded as against this resolution as he doesn’t believe in propping people up.

 

 

 

 


ITEM 9.13    SF851                070509      International Council for Local Environmental Initiatives (ICLEI) Climate Change Adaptation Local Government Forum - Report by Cr Flack

1209/09 RESOLVED:       (Moran/Finlayson)

 

1          That Council receive a report on progress and a timeline for completion of Stage 1 of the Climate Protection Program (CCP), and that the report also identify the staffing resources and funds needed to complete the project.

 

2        That Council note Cr Flack’s report regarding the ICLEI Climate Change Adaptation Local Government Forum.

 

 

 

 


1210/09 Resolved:       (Flack/Ballangarry)

 

That Council bring forward and deal with Item 11.3 Report o n Management Plan Workshop – 6 May 2009 – Engineering Services.

 

 

 


 


ITEM 11.3    SF1213              070509      Report on Management Plan Workshop - 6 May 2009 -  Engineering Services

Motion:      (South/Finlayson)

 

That the information be noted.

 

Amendment:       (Moran/Ainsworth)

 

That the job at Little Beach be deferred.

 

The amendment was LOST.

 

Amendment:       (Ainsworth/Finlayson)

 

That the allocation for the retaining wall at Little Beach be deferred for consideration at the September Quarterly Review.

 

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

 

1211/09 Resolved:       (Ainsworth/Finlayson)

 

That the allocation for the retaining wall at Little Beach be deferred for consideration at the September Quarterly Review.

 

 

 

 


General Manager Report – LATE

1212/09 Resolved:       (Moran/Court)

 

That Council now deal with the General Manager’s late report Item 9.15 Draft Budget 2009/2010 – Hall Maintenance.

 

 

 

ITEM 9.15    SF1213            070509         Draft Budget 2009/2010 - Hall Maintenance

1213/09 Resolved:       (Moran/Court)

 

That the provision for Public Halls – Operating Expenses in the draft budget for 2009/2010 be adjusted in accordance with the table shown in this report.

 

 

 

 


ITEM 9.14    SF1213              070509      Report on Management Plan Workshop - 6 May 2009

Report On Additional Hours For Ranger

 

1214/09 Resolved:       (Court/Flack)

 

1        That Council note the report on the increased hours for the Ranger and the leasing of an appropriate 4WD vehicle and that the additional expenditure and projected income has been included in the draft in the 2009/2010 Budget.

 

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

 

 

Report On Additional Resources For The Preparation Of The State Of The Environment Report

 

1215/09 Resolved:       (Ainsworth/Moran)

 

2        That Council note the report on the Nambucca Shire comprehensive State of the Environment Report and no additional funds or resources be provided in the 2009/2010 Budget.

 

 

Report On Additional Resources For The Community And Social Plan

 

1216/09 Resolved:       (Court/Ainsworth)

 

3        That Council note the report on the Social and Community Plan and no additional funds or resources be provided in the 2009/2010 Budget.

 

 

1217/09 Resolved:       (Ainsworth/Moran)

 

4        That Council write a letter to the Department of Local Government requesting they endorse Council’s proposal to only review its current Social and Community Plan so it may invest its resources in a new integrated plan and reporting program.

 

 

Options For The Provision Of General Fund Contributions Towards Section 94 Works And The Possibility Of Establishing A Reserve

 

1218/09 Resolved:       (Ainsworth/South)

 

5        That the information be received.

 

 

Draft Infrastructure Management Plan and Forward Financial Plan 2009/2010 to 2013/2014

 

1219/09 Resolved:       (Court/South)

 

6        That Council note the changes to the Draft Infrastructure Management and Forward Financial Plan 2009/2010 to 2013/2014 made by MANEX and that provision be made for a footpath extension in Adin Street in the Forward Financial Plan for 2010/2011.

 

 

1220/09 Resolved:       (Moran/Ainsworth)

 

7        That Council write to its Hall Committees of Management and advise them of Council’s financial position; that provision has been made in its draft Budget for 2009/2010 for required maintenance expenditure on its halls; that there is no capital funding available and any capital improvements which the Hall Committees may desire will have to be funded through grants.

 

 

1221/09 Resolved:       (Moran/Court)

 

8        That a strategic plan for Council’s cemeteries be reported to Council

 

 

1222/09 Resolved:       (Finlayson/Court)

 

9        That Council consider a report on the operation of the saleyards as a business unit and in particular what, if any, subsidy is to be applied to its operations.

 

 

1223/09 Resolved:       (Finlayson/Moran)

 

10      That Council review the cycleway plan so as to ensure its funding requirements are realistic.

 

 

1224/09 Resolved:       (Finlayson/Ainsworth)

 

11      That Council receives a report on the funding and use of the reserves for the Council Chambers Upkeep, Self Insurance and Tourist Centre Upkeep.

 

 

Draft Management Plan

 

1225/09 Resolved:       (Ainsworth/Finlayson)

 

12      That Council note the changes to the Draft Budget for 2009/2010 made by MANEX.

 

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

 

Motion:      (Flack/Smyth)

 

That Council maintain the $3,000 pa contribution to the Nambucca District Band and review their request for an additional $1,000 in the budget for 2010/2011.

 

The motion was LOST.

 

 

1226/09 Resolved:       (Court/Finlayson)

 

13      That Council endorse the Draft Management Plan (Strategies, Actions and KPI’s) for exhibition.

 

 

1227/09 Resolved:       (Court/Finlayson)

 

14      That Council place all Draft Management Plan documents as amended on public exhibition for at least 28 days from Thursday 14 May 2009 and that a public meeting to explain the documents and answer questions be held at the Council Chambers during the first week of the public exhibition.

 

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

 

 

1228/09 Resolved:       (Flack/Court)

 

15      That Council endorse its application to the Minister for a special rate variation of 1.3% over and above rate pegging for 2009/2010 as its fourth and final year of the Strategy to draw down $5m in loan funds to renew and restore roads and bridges.

 

 

1229/09 Resolved:       (Moran/South)

 

16      That Council be provided with a report on the cost of removing waste from Council’s Administrative Building.

 

 

1230/09 Resolved:       (Hoban/Flack)

 

17      That Council receive a report at its meeting on 7 May 2009 on the proposed allocation of the road reseal Budget.

 

 

1231/09 Resolved:       (Moran/Court)

 

18      That the proposed $12 tip provision voucher be deleted from the Draft Budget.

 

 

1232/09 Resolved:       (Moran/Court)

 

19      That Council receive a report on funding of $91,600 which has been carried over for Scotts Head Reserve improvements (Item 45130) and also, the provision in the Draft Infrastructure Management Plan for proposed landslip restoration at Little Beach, corner Matthew and Vernon Street, scheduled for 2011/2012.

 

 

1233/09 Resolved:       (Court/Flack)

 

20      That a provision of $10,000 for picnic tables and shelters be included in the Draft Infrastructure Management Plan for 2010/2011 (Item 45182).

 

 

1234/09 Resolved:       (Flack/Ballangarry)

 

21      That the provision for the construction of the southern section of Adam Lane, Bowraville be included in the Draft Infrastructure Management Plan for 2010/2011.

 

 

1235/09 Resolved:       (Flack/Court)

 

22      That Council make a provision of $6,200 for tree planting (Item 11060) in the Draft Management Plan for 2009/2010 with the funding to come from an equivalent reduction in the Budget for Banners and Flags promotion and maintenance (Item 3641).

 

 

1236/09 Resolved:       (Flack/Court)

 

23      That Council consider a report on the expenditure of the $12,000 Budget for the provision of a unisex toilet for the Macksville Library.

 

 

 


1237/09 Resolved:       (Court/Ainsworth)

 

That Council proceed to Item 10.4 as Items 10.1, 10.2 and 10.2 were addressed in the Budget report

 

 

 

 


Director Environment and Planning Report

 

ITEM 10.4    SF1148              070509      Contract Regulatory Officer's Report - March 2009

1238/09 RESOLVED:       (Flack/Moran)

 

That the report from the Contract Regulatory Officer for March 2009 be received and noted by Council.

 

 

 

 


ITEM 10.5    SF1261              070509      Outstanding DA's >12 months, applications where submissions received & not determined 7 April 2009

1239/09 RESOLVED:       (Finlayson/Ainsworth)

 

1          That the list of outstanding development applications (at least 12 months old) and applications received, be noted and received for information by Council.

 

2        That the applications where submissions have been received be noted and received for information by Council.

 

 

 

 


ITEM 10.6    DA2009/004        070509      Final Report on Consolidate 31 Lots and Create 2 Lots With Dwelling Entitlements

1240/09 RESOLVED:       (Moran/Ainsworth)

 

That having received concurrence from the DoP and considered their comments, Development Application 2009/004 be approved, subject to conditions attached to this report.

 

FOR the Motion:  Councillors Hoban, Court, Finlayson, Ainsworth, Moran and South. Total (6)

AGAINST the Motion:  Councillors Ballangarry, Flack and Smyth.  Total (3)

 

 

 

 


ITEM 10.7    SF669                070509      Report on Draft Centres Policy (Planning For Retail and Commercial Development) - April 2009

1241/09 RESOLVED:       (Moran/Ainsworth)

 

That Council note the report and not make a submission on the Department of Planning Draft Centres Policy.

 

 

 

 


 


Director Engineering Services Report

ITEM 11.1    SF93                  070509      Boom Gates for Rail Crossings

1242/09 RESOLVED:       (Flack/Moran)

 

That the information be noted and the Manager Civil Works liaise with the Australian Rail Track Corporation Ltd for the development of the project.

 

 

 

 


ITEM 11.2    SF98                  070509      Road Naming - Warrell Waters Road

1243/09 RESOLVED:       (Moran/Ainsworth)

 

That Council adopt the name of WARRELL WATERS ROAD, GUMMA with the name to be gazetted and notification made to the relevant Government agencies and advertised in a local newspaper.

 

 

 


     

 

ASKING OF QUESTIONS WITHOUT NOTICE

 

1244/09 Resolved:       (Ainsworth/Finlayson)

 

That a representative of Council attend the meeting of the Parliamentary Inquiry into Planning submission at Ballina on 26 May 2009 with any Councillor interested in attending advising the Director Environment and Planning.

 

 

 

 


QWN252/09 - Cr. Michael Moran - Crosswinds Wetland Reserve (Ref SF1343)

Cr Moran enquired as to whether there were any plans to fill in the Crosswinds Wetland Reserve to which the Director Environment and Planning advised that there is no such plan.

 

 

 

 


QWN253/09 - Cr. Michael Moran - Scotts Head Master Plan (Ref SF1343)

In answer to a question from Cr Moran in relation to what is happening with the Scotts Head Masterplan the General Manager advised that a meeting will be arranged of the joint project management group to decide on a course of action.

 

 

 

 

 


1245/09 Resolved:       (Moran/Ainsworth)

 

That Council meeting continue, the time being 7.42 pm, before adjourning for a meal break.

 

 

 

 

 

 


COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

1246/09 RESOLVED:       (Ainsworth/Finlayson)

 

1          That Council consider any written representations from the public as to why the Meeting should not be Closed to the public.

 

2        That Council move into Closed Meeting to discuss the matters for the reason(s) listed above.

 

Reason reports are in Closed Meeting:

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    9837/2009           070509      Review of General Manager's Performance

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (a) of the Local Government Act, 1993, on the grounds that the report contains personnel matters concerning particular individuals.

 

 

 

 

 


For Confidential Business Paper in Closed Meeting

ITEM 12.2    10085/2009         070509      Report On Appointment of a Consultant for Matthew Street Urban Design Strategy

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 7.43 pm.

 

 

 

 

 

 

 


RESUME IN OPEN MEETING

1247/09 RESOLVED:       (Moran/Ainsworth)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 8.12 pm

 

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

 

ITEM 12.1    SF839                070509      Review of General Manager's Performance

1248/09 RESOLVED:       (Court/Ainsworth)

 

That the minutes of the General Manager’s Performance Review Committee be received.

 

 

 

 

 


ITEM 12.2    SF1309              070509      Report On Appointment of a Consultant for Matthew Street Urban Design Strategy

1249/09 RESOLVED:       (Flack/Moran)

 

That Council engage Bennell and Associates to prepare an urban design strategy and Place Based Precinct DCP for the north eastern side of Matthew Street Scotts Head.

 

 

 

 

 


QUESTION FOR CLOSED MEETING—CR AINSWORTH

 

QWN254/09 - Cr. John Ainsworth - Thistle Park (Ref SF1343)

Cr Ainsworth asked if Council is interested in the purchase of Thistle Park.

 

1250/09 Resolved:       (Hoban/Ainsworth)

 

That Council staff undertake preliminary investigations in regard to bidding for the land.

 

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 8.13 pm. 

 

Confirmed and signed by the Mayor on 21 May 2009.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)