NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 04 June 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 Elaine South

Cr Anne Smyth

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Bruce Redman (Director Engineering Services)

Greg Meyers (Director Environment & Planning)

Monika Schuhmacher (Minute Secretary)

 

 

PRAYER

 

Rev Graham Checkley, Baptist Church, 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 - Ordinary Council Meeting 21 May 2009

1290/09 RESOLVED:       (Moran/Ainsworth)

 

That the minutes of the Ordinary Council Meeting of 21 May 2009 be confirmed subject to the following amendments:

 

·                     Cr Flack and Cr Smyth—Item 9.3— recorded their votes against Resolution 1 only.

 

 

 

 

 


  

DELEGATIONS

1291/09 Resolved:       (Ainsworth/Moran)

 

That the following delegations be heard:

 

ITEM 5.1      Notice of Motion - Pedestrian Crossing - Wallace Street, Macksville CBD

i)        Janine Reed on behalf of Macksville & District Chamber of Commerce & Industry—Objector

 

ITEM 9.4      Review of the Tourism Function

i)        Lisa Harvey on behalf of the Nambucca Valley Tourism Association—Objector

ii)       Jon Holcombe on behalf of the Nambucca Valley Tourism Association—Objector

 


Ms Janine Reed addressed Council making the following points:

 

·                There has been no public consultation

·                Need to free up parking spaces in the Macksville CBD, no decrease spaces

·                Could lose 8-12 parking spaces

·                Would eliminate parking on northern side of Wallace Street

·                Less than half spaces would remain

·                Crossing at lights is safest and most appropriate—even for elderly and/or disabled

·                Negative implications on businesses and community regarding employment and future of businesses

 

NOTICE OF MOTION – CR Ainsworth

ITEM 5.1      SF1269              040609      Notice of Motion - Pedestrian Crossing - Wallace Street, Macksville CBD

Motion:      (Ainsworth/Court)

 

1        That Council approve the installation of a pedestrian crossing on Wallace Street Macksville in front of the Supermarket.

 

2        That Council request the Traffic Committee to investigate the introduction of 40 kph speed limit on Wallace Street in the Macksville central business district.

 

Amendment:       (Flack/Moran)

 

That this matter be deferred so that Council may explore options for pedestrian safety in this section of Wallace Street.  The future report is to be prepared in consultation with the Macksville and District Chamber of Commerce Inc.

 

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

 

1292/09 Resolved:       (Flack/Moran)

 

That this matter be deferred so that Council may explore options for pedestrian safety in this section of Wallace Street.  The future report is to be prepared in consultation with the Macksville and District Chamber of Commerce Inc.

 

 

 

 

 


Ms Lisa Harvey addressed Council making the following points:

 

·                There has been insufficient time to consider the report

·                Would like Council to defer report

·                Reject sustainability and social assessment

·                Tourism generated $44m which is put back into local economy

·                Continued investment will bring continued growth

·                Maintain support of regional partnerships

·                Need to sustain profile and marketing

·                Council should be leading tourism

·                Growth visitation = growth of economy

·                Need to maintain competitiveness with wider tourism industry

·                Need for support for Visitor Information Centre.

 

Mr Jon Holcombe addressed Council making the following points:

 

·                Is currently the Treasurer of the Nambucca Valley Tourism Association

·                Tourism is 4th largest employer in Valley

·                Employs 10% more than any other Council in region

·                Need to promote tourism in Valley before highway bypass constructed

·                Tourists of today become residents of tomorrow

·                Integral part of regional development

·                Member from each Council on the Industry Board….no representation from NSC

 

ITEM 9.4      SF639                040609      Review of the Tourism Function

1293/09 Resolved:       (Flack/Finlayson)

That the matter be deferred for 14 weeks to 16 September 2009 General Purpose Committee meeting.

 

 

 

 


1294/09 Resolved:       (Moran/Ainsworth)

 

That Council hear a delegation from Mr Rob Williams in regard to Item 10.2—Report on the release of Bonds for Macs'con PTY LTD.

 

 

Mr Rob McWilliam addressed Council making the following points:

 

·                Wants to shut Wia Ora, cannot get anyone to sign off in order to obtain refund of last two bonds, has been negotiating for eight years with Council

·                Extraction sites on property have never had erosion problems over last 20 years

·                Expected to plant buffers on riverbank

·                Since 2001 has had a dispute with Department of Water and Energy regarding the planting of buffer zones—will continually be washed away with flood waters.

 

ITEM 10.2    LF3375               040609      Report on the release of Bonds for Macs'con PTY LTD

1295/09 Resolved:       (Flack/Court)

 

1          That Council note the circumstances regarding the release of two bonds associated with Extractive Operations and Processing Plant at Wia Ora.

 

2          That Council note the potential conflicts and additional costs should Council proceed to call in the bonds prior to the matter being resolved between the operators and the Department of Water and Energy in regard to the disputed outstanding works.

 

3          That Council advise its insurers of a possible claim in this matter if not resolved between the operator and the Department of Water and Energy.

 

4        That Council write again to Department of Water and Energy seeking an urgent response; advising of recent floods and the need to resolve the matter.

 

 

 


 


asking of questions with notice

 

QWN259/09 - Cr. Paula Flack - DA 2008/267 - Lot 1046 DP 826440 - Harriman's Lane (Ref SF1366)

Regarding Mr Barry Kerr’s land at Harriman’s lane Lot 1046 DP826440:

 

1        What action has been taken by Council to require My Kerr to manage erosion and sediment movement from the excavated areas on the site?

2        What action has Mr Kerr taken to remedy existing and potential erosion and sedimentation problems?

3        Have any infringement notices been issued?

4        Are staff now satisfied that adequate measurers are in place to prevent further erosion and any sediment leaving the site?

5        If not what action is still required to facilitate this?

 

Response from Director Environment and Planning:

 

·                     Council’s Environmental Compliance Officer is working with Mr Kerr to address a number of issues.

·                     Some additional works have been done.

·                     I do not believe that an infringement notice has been issued.

·                     The Environmental Compliance Officer is not available to day but I will check with her upon her return. 

 

1296/09 Resolved:       (Flack/Court)

 

That Council receive a report on this matter once the Director has obtained the necessary inforamtion.

 

 

 

 


QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

There were not questions for Closed Meeting where due notice has been received.

 

 

 

 


General Manager Report

 

ITEM 9.1      SF959                040609      Outstanding Actions and Reports March 2009

1297/09 RESOLVED:       (Ainsworth/Moran)

 

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

 

 

 


ITEM 9.2      SF706                040609      Grant Application Status Report - 4 June 2009

1298/09 RESOLVED:       (Moran/Court)

 

That the list of grant programs and their status to 25 May 2009 be received.


 

ITEM 9.3      SF1333              040609      Debriefing on 31 March/1 April Flood Event

1299/09 RESOLVED:       (Court/Finlayson)

 

1        That Council request that the Department of Environment and Climate Change and other Departments associated with flood emergencies to agree on a protocol for emergency clean up work.

 

2        That the General Manager’s Delegations of Authority be amended to allow fee exemptions for the disposal of waste arising out of natural disasters such as floods, storms and bushfires.

 

1300/09 Resolved:       (Hoban/Flack)

 

4        That Council formally extend a vote of thanks to staff involved in the flood events for their work and initiative.

 

 

 


ITEM 9.4 was dealt with under Delegations.

 

 

 

 


ITEM 9.5      SF42                  040609      Integrated Planning and Reporting - Release of Draft Legislation and Mandatory Guidelines

1301/09 RESOLVED:       (Court/Finlayson)

 

That Council make a submission to the Department of Local Government in response to the draft legislation and mandatory guidelines concerning the following matters:

 

1        The need for clarity concerning the role of Local Government.

 

2        Querying whether the new planning and reporting processes have sufficient flexibility to manage major structural change.

 

3        Querying how the new planning and reporting requirements will result in, “reduced red tape and streamlined reporting” (page 3 of Frequently Asked Questions).

 

4        That Council nominate to be in Group 3 for the implementation of the new requirements.  This will require the adoption of a Community Strategic Plan by 31 March 2012 and Delivery Program by 30 June 2012.

 

 

 

 

 


ITEM 9.6      SF278                040609      Maintenance of Funding for Headspace Mid North Coast

Motion:      (Flack/Moran)

 

That Council make representations to the Hon. Nicola Roxon MP, Minister for Health and Ageing and also to Luke Hartsuyker MP, Member for Cowper seeking the retention of funding for Headspace Mid North Coast.

 

Amendment:       (Flack/South)

 

That Council defer this matter and seek more information regarding four year funding agreement from Headspace.

 

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

 

1302/09 Resolved:       (Flack/South)

 

That Council defer this matter and seek more information regarding the four year funding agreement from Headspace.

 

 

 

 


Director Environment and Planning Report

ITEM 10.1    SF1261              040609      Outstanding DA's >12 months, applications where submissions received & not determined 26 May 2009

1303/09 RESOLVED:       (Ainsworth/Moran)

 

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 10.2 was dealt with under Delegations.

 

 

 

 


ITEM 10.3    SF276                040609      Aboriginal Community Advisory Committee  AGM

1304/09 RESOLVED:       (Moran/Ballangarry)

 

That Council note the minutes from the Annual General Meeting held on 12 May 2009 and endorse the voting membership to the Aboriginal Community Advisory Committee of Ms Cathy Bula (Chair), Ms Raylene Ballangarry (Deputy Chair), Mr Michael Donovan, Mr Darren Kershaw, Mr Robert Wilson, Mr Colin Jarrett, Mr Gary Williams, Mr Caine Rosser, Ms Paula Craig, Mrs Jennifer Rosser, Mr Barry Donovan, Mr Semi Bula, Ms Beryl Wilson, Mr Neville Kim, Ms Kimberly Jones, Mr Michael J Donovan, Ms Belinda Donovan, Ms Mila Bula, Ms Tamara Smith, Mr Anthony Gillin, Mrs Rachel Gillin, Ms Penny Stadhams, Ms Vicki Power, Mr Scott Mieni, Ms Patricia Gail Ling, Ms Louise Robinson, Ms Michele Donovan, Ms Karen Ella-Bird, Ms Marcia Hillery, Mr Terry Marshall, Mr Larry Kelly, Ms Ann Edwards, Ms Tracy Cohen, Mr Dean Jarrett, Mrs Tracy Singleton, Ms Shirley Ballangarry.

 

 

 


 


ITEM 10.4    SF276                040609      Aboriginal Community Advisory Committee Meeting

1305/09 RESOLVED:       (Flack/Ballangarry)

 

1          That Council note the Committee’s request for a written or verbal report from the Aboriginal Youth Worker.

 

2          That the remaining minutes of the Aboriginal Community Advisory Committee held on 12 May 2009 be noted.

 

 

 


ITEM 10.5    SF669                040609      Report on the request for nominations to Joint Regional Planning Panels

1306/09 RESOLVED:       (Finlayson/Ainsworth)

 

That Council request an extension of time to enable further consultation and discussions with adjoining Councils on options for resource sharing to address concerns relating to potential conflicts of interest by Council nominated representation.

 

 

ITEM 10.6    SF812                040609      NAIDOC Week - 5 July to 12 July 2009

1307/09 RESOLVED:       (Moran/Finlayson)

 

1          That Council note NAIDOC Week is scheduled for Sunday 5 July to Saturday 12 July 2009 with the theme 'Honouring Our Elders, Nurturing Our Youth', and the many activities programmed to occur during the Week.

 

2          That Council host a Welcome to Country, Flag Raising and Smoking Ceremony to be held at Council's Administration Centre Monday 6 July 2009 followed by a Morning Tea and Photo Exhibition.

 

 

Director Engineering Services Report

ITEM 11.1    SF98                  040609      Road Naming - Reynolds Lane, Macksville

1308/09 RESOLVED:       (Moran/Ballangarry)

 

1        That Council advertise the proposed name of Little Mary Lane for the roadway directly behind 28 Matilda Street, Macksville seeking submissions and advise the relevant Government Departments.

 

2        That a letter be written to the Reynolds family members advising that after receiving submissions Council favours the name Little Mary Lane in recognition of that family’s contributions to the commercial development in Macksville.

 

3        Seek suggestions on an alternate site that may have a link to the Reynolds family.

 

 


 


ITEM 11.2    SF130                040609      Mid North Weight of Loads Membership - Agreement 1 July 2009 to 30 June 2010

1309/09 RESOLVED:       (Flack/Finlayson)

 

1          That Council enter into an Agreement with Gloucester Shire Council to provide administration for the Mid North Weight of Loads Group.

 

2          That Council enter into an Agreement with the individual Inspectors to authorise them to operate in the Local Government area of Nambucca Shire Council.

 

3          That Council authorise the signature of these Agreements and the affixing of the seal as required.

 

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

 

 

 

 


ITEM 11.3    DA2007/800        040609      DA 2007/800 Pacey Street Construction

1310/09 RESOLVED:       (Ainsworth/Court)

 

1          That Council make payment of 50% of the $50,405.17 total construction cost to Foreshore Constructions Pty Ltd being $25,202.59 minus the $20,000 payment already made.

 

2          That Council include in the 2009/2010 budget a further amount of $5,202.59 to increase the total to $25,202.59 for Pacey Street, Nambucca Heads construction.

 

 

 

 

 


COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

1311/09 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 above.

 

Reason reports are in Closed Meeting:

 

 

Director Environment and Planning Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    12525/2009         040609      Employment Lands 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) (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 12.2    12562/2009         040609      Tender T003/2009 - Management and Operation of 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) 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 12.3    12624/2009         040609      Lease of Shop 3 - 74 High Street, Bowraville - Bowraville Pharmacy

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 12.4    12775/2009         040609      Re-submitted - Council Owned Buildings for Public Use - Essential Fire Measures

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 6.55 pm.

 

 

 

 

 

 


RESUME IN OPEN MEETING

1312/09 RESOLVED:       (Ainsworth/Flack)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at  7.41 pm

 

 

 


FROM COUNCIL IN CLOSED MEETING

 

Director Environment and Planning Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    12525/2009         040609      Employment Lands Strategy

1313/09 RESOLVED:       (Finlayson/Ainsworth)

 

1          That Council engage GHD to prepare the Nambucca Shire Employment Lands Strategy.

 

2          That Council invite GHD to provide an additional quote to undertake a feasibility study for the acquisition of industrial land in South Macksville and in the proposed Valla employment area, and the outcomes incorporated into the Nambucca Shire Employment Lands Strategy.

 

3          That Council make an application for DSRD to fund 50% of the project cost, including the feasibility study, and only proceed to engage a consultant once this funding has been confirmed.

 

4          That Council thank all consultants for their submissions.

 

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

 

 

 

 

 


For Confidential Business Paper in Closed Meeting

ITEM 12.2    12562/2009         040609      Tender T003/2009 - Management and Operation of Macksville Memorial Aquatic Centre

1314/09 RESOLVED:       (Finlayson/Ainsworth)

 

1          That Council identify Mr Mark and Mrs Gail Cummings as the preferred Tenderer for the Management and Operation of the Macksville Memorial Aquatic Centre for a Contract term of two years commencing 1 July 2009 and concluding 30 June 2011.

 

2          That Council authorise the General Manager and Mayor to finalise negotiations with Mr Mark and Mrs Gail Cummings for the final form of Contract for the Management and Operation of the Macksville Memorial Aquatic Centre and to execute any and all documents required to give effect to the negotiated Contract.

 

3          That Council affix the Seal to the Contract for the Management and Operation of the Macksville Memorial Aquatic Centre between Nambucca Shire Council and Mr Mark and Mrs Gail Cummings.

 

 

 

 


 


For Confidential Business Paper in Closed Meeting

ITEM 12.3    12624/2009         040609      Lease of Shop 3 - 74 High Street, Bowraville - Bowraville Pharmacy

1315/09 RESOLVED:       (Finlayson/Flack)

 

1          That Council Lease the property known as Shop 3, 74 High Street, Bowraville being part Folio Identifier 1/330860 to Ms Kerry Savins for a period of Twelve months from the date of the expiry of the previous Lease with an option to renew the Lease for a further period of twelve months on terms similar to the previous Lease.

 

2          That Council authorise the General Manager and Mayor to conclude negotiations of the Lease conditions for the Lease of Shop 3, 74 High Street, Bowraville being part Folio Identifier 1/330860 to Ms Kerry Savins and to sign any and all documentation to give effect to the Lease Agreement.

 

3          That Council authorise the affixing of the Council Seal to the Lease of Shop 3, 74 High Street, Bowraville being part Folio Identifier 1/330860 to Ms Kerry Savins.

 

 

 

 


For Confidential Business Paper in Closed Meeting

ITEM 12.4    12775/2009         040609      Re-submitted - Council Owned Buildings for Public Use - Essential Fire Measures

1316/09 RESOLVED:       (Flack/Ballangarry)

 

1        That Council’s previous resolution be rescinded and that Chubb be accepted as the Fire Services provider for 2008/2009 at a total price as detailed in the Report for annual inspection and testing for 2009/2010.

 

2        That the provision of essential Fire Services be added to Council’s Annual (Periodic) Contract for renewal in October 2010.

 

 

 


 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.44 pm. 

 

Confirmed and signed by the Mayor on 18 June 2009.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)