NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 04 November 2010

 

The following document is the minutes of the Council meeting held ON 4 November 2010.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 18 November 2010 and therefore subject to change.  Please refer to the minutes of 18 November 2010 for confirmation.

 

 

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)

Noel Chapman (A/g Director Engineering Services)

Greg Meyers (Director Environment & Planning)

Monika Schuhmacher (Minute Secretary)

 

 

PRAYER

 

Capt John Viles (Salvation Army) offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor JA Ainsworth declared a non-pecuniary significant conflict of interest in Item 5.1 Notice of Motion – Macksville Saleyards - Future under the Local Government Act as Cr Ainsworth is an elected member of the NSW Farmers who made a submission.  Cr Ainsworth left the meeting for this item.

 

Councillor PF Flack declared a non-pecuniary insignificant conflict of interest in 5.1 Notice of Motion – Macksville Saleyards - Future under the Local Government Act as Cr Flack’s partner occasionally uses the Saleyards. 

 

Councillor ES South declared a non-pecuniary insignificant conflict of interest in 5.1 Notice of Motion – Macksville Saleyards - Future  under the Local Government Act as Cr South buys and sells through the Saleyards. 

 

Councillor PF Flack pecuniary interest in Item 9.3 On River Dam at League Creek – Proposed for Modelling Potential Water Loss from In-River Discharge under the Local Government Act as Cr Flack states that an on-river dam at League Creek would have a direct impact on her family property.  Cr Flack left the meeting for this item.

 

 

 

 

 


 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

21 October 2010

 

2516/10 RESOLVED:       (Moran/South)

 

That the minutes of the Ordinary Council Meeting of 21 October 2010 be confirmed subject to the following amendment:

 

Page 11       Resolution Number 2511 was moved Cr South seconded Cr Court.

 

 

 

  

PUBLIC FORUM

 

Resolved: (Ainsworth/Flack)

 

That the following delegations be heard:

          5.1     SF1471        041110         Notice of Motion - Macksville Saleyards – Future

          i)        Mrs Janine Reed—on behalf of  the Macksville & District Chamber of Commerce

          ii)       Mr John Moore—on behalf of the NSW Farmers Federation

 

Mrs Reed addressed Council making the following points:

·    Some businesses doing it tough

·    Issue of saleyards of interest with Kempsey Council

·    Cattle farmers viewed in low light in this Valley?

·    Council focus on attracting new business and jobs

·    Council gives little credit to contribution farmers make

·    Council also support tourism and growth in general

·    Farmers add to the Valley’s attraction for people moving here

·    Farmers experiencing same problems as local businesses

·    Trade from farmers is vital to Macksville as a commercial centre

·    Cartage costs would increase, people would then shop in Kempsey with multiplying affect going through to other businesses

·    Small towns such as Macksville are suffering – it cannot compete with the shopping offered by Coffs Harbour

·    Decline in local business mirrors decline in local primary production

·    “That the meeting be held and the report completed prior to the meeting without any influence of Kempsey Council and all information be made available to all key stakeholders and funding for effluent management be provided via an amendment to the environmental levy budget”.

·    The Chamber wants Macksville to prosper

 

Note:  Cr Ainsworth declared a non-pecuniary significant conflict of interest in the Notice of Motion because Mr John Moore spoke on behalf of the NSW Farmers Federation and Cr Ainsworth left the meeting at 5.45 pm and returned at the conclusion of this item at 6.17 pm.

 

Mr Moore addressed Council making the following points:

·    Rate payer in Shire for 45 years

·    This Council does not get it when it comes to farming issues

·    Farmers versus Council

·    Along with local farmers he supported the rate increase sought by Council (2.5%)

·    Outlined history of Macksville Saleyards

·    Two omissions for reports—there is no mention of volunteers from Lions Club that run canteen—how much is it going to cost the farmers (yard fees and extra cartage)

·    Farmers would have to leave much earlier if they need to take cattle to Kempsey—some cattle may lose condition while waiting to be sold—bring the sale price down

·    General Manager answered question regarding government grant funding in relation to the saleyards

·    The MCW advised that we have one gross pollutant trap at the depot, one expected at Bellwood

·    Suggested amendment to Cr Moran’s Notice of Motion to be included with the Notice of Motion as follows:

          1       Council determines a costing for upgrading the current saleyard facilities to operational compliance, including OH&S issues.

          2       The cost is to be borne by Council, over a 5 year staged plan in its estimates.

          3       The present license agreement to continue with GJ Kennedy Pty Ltd, due to the historical involvement of this company.

          4       Future charges for the use of saleyards to be determined by both parties (Council and GJ Kennedy) included should be a contra in kind for infrastructure rent, eg land value.

 

 

NOTICE OF MOTION - CR Moran OAM

 

ITEM 5.1      SF1471              041110      Notice of Motion - Macksville Saleyards - Future

Motion:      (Moran/South)

 

That a Saleyards Seminar be held for the community to put a stop to rumours

 

Amendment:       (Court/Flack)

 

That a Saleyard seminar be held for the community after Council has received the report from Council’s Property Officer and prior to making any final decision on the future of the Saleyards.

 

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

 

2517/10 Resolved:       (Ballangarry/Flack)

 

That a Saleyard seminar be held for the community after Council has received the report from Council’s Property Officer and prior to making any final decision on the future of the Saleyards.

 

 

 

 


ITEM 5.2      SF1471              041110      Notice of Motion - Media Interviews - Restrictions

Motion:      (Moran/Finlayson)

 

That the staff to be interviewed by radio, television and other media be limited to the Mayor, General Manager, Director Planning and Environment and Director Engineering Services.

 

Amendment:       (Hoban/Flack)

 

That the staff to be interviewed by radio, television and other media be limited to the Mayor, General Manager, Director Planning and Environment and Director Engineering Services or any senior officer authorised by the General Manager.

 

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

 

2518/10 Resolved:       (Hoban/Flack)

 

That the staff to be interviewed by radio, television and other media be limited to the Mayor, General Manager, Director Planning and Environment and Director Engineering Services or any senior officer authorised by the General Manager.

 

 

 

 


ITEM 5.3      SF1471              041110      Notice of Motion - Pensioner Rates & Charges Rebate

2519/10 RESOLVED:       (Flack/Smyth)

 

That Council receive a report regarding the current pensioner rebate situation, including:

 

·      options for addressing the declining pensioner rebate;

·      financial implications for Council of any options;

·      options for Council in terms of requests to State Government eg increasing State Government  proportion of the rebate and indexing it to CPI and opportunities for lobbying the state government and opposition.

 

 

 

 

 


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 9.1      SF959                041110      Outstanding Actions and Reports

2520/10 RESOLVED:       (Moran/Smyth)

 

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

 

 

 

ITEM 9.2      SF1486              041110      30 June 2010 Budget Review

2521/10 RESOLVED:       (Ainsworth/Flack)

 

1        That the budget review results to 30 June, 2010 be adopted subject to a final report with the Annual Statements.

 

2        That the list of revotes be approved and included as subvotes for 2010/11.

 

 

 

Note:  Cr Flack left the meeting for Item 9.3 at 6.42 pm and returned at the conclusion of this item at 6.47 pm.

 

ITEM 9.3      SF182                041110      On-River Dam at League Creek - Proposal for Modelling Potential Water Loss from In-River Discharge

2522/10 RESOLVED:       (Finlayson/Ainsworth)

 

That this item be deferred to the next General Purpose Committee (17 November 2010) and the matter be considered in Closed Meeting as it is considered to be commercial-in-confidence.

 

 

 

ITEM 9.4      SF827                041110      NSW Local Government Grants Commission - Special Submissions Relating to 2011-2012 Grants

Motion:      (Ainsworth/Finlayson)

 

That Council make a submission to the NSW Local Government Grants Commission requesting that consideration be given to making a Natural Disaster Declaration or Declarations in the previous 12 months a disability measure on the grounds that in 2009/2010 Council incurred an additional cost of $68,000 or 0.9% of its rate income in meeting the cost of repairs as a consequence of a series of floods.

 

Amendment:       (Hoban/South)

 

That Council make a submission to the NSW Local Government Grants Commission requesting that consideration be given to making a Natural Disaster Declaration or Declarations in the previous 12 months a disability measure on the grounds that in 2009/2010 Council incurred an additional cost of $68,000 or 0.9% of its rate income in meeting the cost of repairs as a consequence of a series of floods and further, that Council’s submission also include drawing attention to the high proportion of permanent residents living in caravan parks.

 

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

 

2523/10 Resolved:       (Hoban/South)

 

That Council make a submission to the NSW Local Government Grants Commission requesting that consideration be given to making a Natural Disaster Declaration or Declarations in the previous 12 months a disability measure on the grounds that in 2009/2010 Council incurred an additional cost of $68,000 or 0.9% of its rate income in meeting the cost of repairs as a consequence of a series of floods and further, that Council’s submission also include drawing attention to the high proportion of permanent residents living in caravan parks.

 

 

 

ITEM 9.5      SF839                041110      Arrangements for General Manager's Performance Review Committee

MOTION:      (Ainsworth/Moran)

 

1        That the information concerning the presentation by the General Manager of his achievements to the full Council prior to a meeting of the Performance Review Committee be received.

 

2               That the Mayor, Deputy Mayor and Councillor Moran OAM comprise the General Manager’s Performance Review Committee.

 

Amendment:       (Moran/Court)

 

1               That the information concerning the presentation by the General Manager of his achievements to the full Council prior to a meeting of the Performance Review Committee be received.

 

2               That the all Councillors comprise the General Manager’s Performance Review Committee.

 

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

 

2524/10 Resolved:       (Moran/Court)

 

1        That the information concerning the presentation by the General Manager of his achievements to the full Council prior to a meeting of the Performance Review Committee be received.

 

2        That all Councillors comprise the General Manager’s Performance Review Committee.

 

 

 

ITEM 9.6      SF112                041110      2010 - 2011 Christmas Holidays Closure

2525/10 RESOLVED:       (Flack/South)

 

1        That Council close the Administration Centre for the period Monday 27 December 2010 to Monday 3 January 2011 (inclusive) noting that emergency services will be on call in regard to water, sewer, rural fire service, dog control etc.

 

2        That Council conduct only one Ordinary Meeting of Council in January, being Thursday 20 January 2011 as well as the General Purpose Committee Meeting on Wednesday 19 January 2011.

 

 


 

ITEM 9.7      SF338                041110      Tewinga Community Centre Committee of Management AGM - 5 OCTOBER 2010 - Minutes

2526/10 RESOLVED:       (Flack/Ballangarry)

 

That Council endorse the Minutes of the Committee of Management for the Tewinga Community Centre’s Annual General Meeting held on 5 October 2010 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

Director Environment and Planning Report

 

ITEM 10.1    SF1261              041110      Outstanding DA's greater than 12 months, applications where submissions received not determined to 7 September 2010

2527/10 RESOLVED:       (Moran/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 10.2    SF1261              041110      DA's and CDC's Received and Determined under Delegated Authority 13-25 October 2010

2528/10 RESOLVED:       (Moran/South)

 

That Council note the Development Applications/Complying Development Applications received and determined under delegated authority.

 

 

 

ITEM 10.3    SF97                  041110      Review of Alcohol Free Zone in and around Bowra Street Nambucca Heads

2529/10 RESOLVED:       (Smyth/Court)

 

1          That Council establish an Alcohol Free Zone in Nambucca Heads in accordance with Section 644 of the Local Government Act (1993) in the area described as:

·           a Southern boundary of Nelson Street from the eastern side of the Creek Street intersection, past the RSL Club; through Gordon Park including the roadway between the children’s play area and the river;

·           an Eastern boundary of Wellington Drive (between the river and Ridge Street) and Estuary Lane;

·           a Northern boundary being Short Street (from Estuary Lane), Fletcher Street and Mann Street to the intersection with West Street; and

·           a Western boundary being Creek Street, south to its intersection with Fraser Street.

 

2          That the Zone becomes effective upon expiry of the current Zone and concludes 10 January 2015.

 

 


 

ITEM 10.4    SF1552              041110      Proposed erection of interpretive signage at Nambucca Heads and Scotts Head

2530/10 RESOLVED:       (Flack/Moran)

 

That Council endorses the purchase and erection of interpretive signage at Nambucca Heads and Scotts Head.

 

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.07 pm. 

 

Confirmed and signed by the Mayor on 18 November 2010.

 

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)