Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 04 August 2011 COMMENCING AT 5.30 PM


The following document is the minutes of the Council meeting held on 4 August 2011.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 18 August 2011 and therefore subject to change.  Please refer to the minutes of 18 August 2011 for confirmation.





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






Michael Coulter (General Manager)

Phillip Gall (Acting Director Environment & Planning)

Paul Gallagher (Director Engineering Services)

Lorraine Hemsworth (Minute Secretary)




Mr Greg Meyers (Director Environment & Planning)





Pastor Colin Phillips, from the Baptist Church, Nambucca Heads offered a prayer on behalf of the Nambucca Minister's Association.





Councillor P Flack declared a non-pecuniary – less significant conflict of interest in Item 8.9 Future of the Macksville Saleyards under the Local Government Act as Cr Flack has a family member who uses the yards occasionally (every 2-3 years) on a modest scale (sell and buy 6-12 head).  Cr Flack remained in the meeting for this Item.


Councillor J Ainsworth declared a non-pecuniary significant conflict of interest in Item 8.9 Future of the Macksville Saleyards under the Local Government Act as Cr Ainsworth is an elected member of the NSW Farmers Association who have tendered a submission regarding the future of the Saleyards to Council.  Cr Ainsworth left the meeting for this Item.


Councillor E South declared a non-pecuniary – less significant conflict of interest in Item 8.9 Future of the Macksville Saleyards under the Local Government Act as Cr South trades cattle at the Macksville Saleyards.  Cr South remained in the meeting for this Item.


Councillor R Hoban declared a non-pecuniary – less significant conflict of interest in Item 8.9 Future of the Macksville Saleyards under the Local Government Act as Cr Hoban has family members who use the yards occasionally to sell cattle.  Cr Hoban remained in the meeting for this Item.


Councillor B Finlayson declared a non-pecuniary – less significant conflict of interest in Item 8.5 Consultant's Brief - Organisation Review under the Local Government Act as Cr Finlayson has a relative who is an employee of Council.  Cr Finlayson remained in the meeting for this Item.




CONFIRMATION OF MINUTES - Ordinary Council Meeting


SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 21 July 2011

2982/11 RESOLVED:       (Moran/Court)


That the minutes of the Ordinary Council Meeting of 21 July 2011 be confirmed be confirmed.





Cr J Ainsworth left the meeting at 5.35 pm for Item 8.9 and returned after the conclusion at 6.58 pm.



2983/11 Resolved:       (Moran/South)


That the following delegations be heard in regards to Item 8.9 Future of the Macksville Saleyards:


i)       Mr John Moore - Concerned Ratepayer

ii)      Mr George Hicks OAM


Mr Hicks addressed Council to a prepared statement which is recorded on File SF15.

·                Going on for 3 years

·                Too long winded

·                Too costly

·                Need to talk to people who know what saleyards are about

·                Negative document

·                Lived in valley all life

·                Council provided excellent services

·                All services not viable, same with saleyards

·                All share costs of facilities in Valley

·                Brings in developers

·                Run by G J Kennedy for a number of years

·                Best saleyards around

·                Kempsey upgraded

·                Cost factors in report are high and unnecessary

·                One expression of interest and not in tender document of what was required

·                Closure preferred – thought council here to make decision

·                Send to Kempsey – backward step and should keep saleyards at all costs


2984/11 Resolved:       (Court/Moran)


That there be an extension of time for Mr Hicks to address Council in a delegation on the Future of the Macksville Saleyards.


·                Saleyard committee got everyone’s back up and don’t want to lose facility


Mr Moore addressed Council to a prepared statement which is recorded on File SF15.


2985/11 Resolved:       (Moran/Flack)


That there be an extension of time of another five minutes for Mr Moore to address Council in a delegation on the Future of the Macksville Saleyards.



ITEM 8.9      SF15                  040811      Future of the Macksville Saleyards

2986/11  Resolved:      (Moran/South)


That Council conduct an onsite works inspection at the Macksville Saleyards.


2987/11  Resolved:      (Court/Flack)


A       That Council undertake a Saleyard Forum open to the public to discuss options for the Macksville Saleyards including:


1        Their closure for the reason they are not commercially viable and Council is unable to fund the capital works which will be required for their retention and continued operation; and,


2        Their leasing to G J Kennedy on terms to be negotiated.


3        Other options which maybe put forward.


4        That the outcome of the forum be presented to the Saleyards Committee for comment and with their feedback to be included in the final report to Council.


B       That the Saleyard Forum be chaired by the Mayor and representatives of the following organisations be invited to attend:


·               Saleyard Advisory Committee;

·         G J Kennedy;

·         Saleyard Operators of Australia;

·         Macksville Showground Committee of Management;

·         Department of Primary Industry;

·         Office of Environment & Heritage;

·         WorkCover;

·         Jardine Lloyd Thompson;

·         The Hon. Andrew Stoner, Deputy Premier and Member for Oxley;

·         NSW Farmers;

·         Farmer representatives.


2988/11 Resolved:       (Hoban/Court)


That the Saleyards Committee meet as a matter of urgency to consider any other options for the future operation of the Macksville Saleyards to be considered at the Saleyard Forum.


2989/11 Resolved:       (Finlayson/Hoban)


That the General Manager write to the Minister of Local Government pointing out that four Councillors have a conflict of interest and requesting a special dispensation for all Councillors to consider the issue.




There were no Questions With Notice.




There were no Questions for Closed Meeting where Due Notice has been received.




ITEM 8.1      SF1595              040811      Notice of Motion - Request for Replacement of Lights on V-Wall, Nambucca Heads

2990/11  RESOLVED:      (Moran/Smyth)


That Council write to Land and Property Management Authority (LPMA) requesting that they replace the corroded light poles on the V-Wall at Nambucca Heads.





ITEM L1       SF1595              040811      Postponement of Water and Sewerage Meeting

2991/11  RESOLVED:      (Flack/Smyth)


That the Water and Sewerage Meeting scheduled for 10 August 2011 be deferred to be held no sooner than the last week in August 2011.




ITEM 8.2      SF959                040811      Outstanding Actions and Reports

2992/11  RESOLVED:      (Court/Smyth)


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




ITEM 8.3      SF36                  040811      Review of Code of Conduct

2993/11  RESOLVED:      (Hoban/Flack)


That Items 8.3 and 8.12 be dealt with simultaneously.



2994/11  Resolved:      (Court/Flack)


1        That Council adopt the Code of Conduct as put in Item 8.3 but including the amendment contained in Late Report 8.12.


2        That Council re-instate its Internal Reporting (Protected Disclosures) Policy.



ITEM 8.12    SF36                  040811      Review of Code of Conduct


Dealt with in Item 8.3.




ITEM 8.4      SF1031              040811      Internal Reporting Policy

2995/11  RESOLVED:      (Flack/South)


1          That the responsibilities and actions required under the amended Public Interest Disclosure Act 1994 be noted.


2          That the draft Internal Reporting Policy be adopted.





ITEM 8.5      SF1653              040811      Consultant's Brief - Organisation Review

2996/11  RESOLVED:      (Flack/Hoban)


That Items 8.5 and late Item 8.11 be dealt with simultaneously.






ITEM 8.11    SF1653              040811      Organisation Review

2997/11 RESOLVED:       (Court/Flack)


That Council adopt the revised Consultant’s Brief attached to this report with the suggested amendments to Consultant’s Brief:


5        Issues


·                     Overall staffing levels across the organisation

·                     Span of control for Managers and Directors

·                     Allocation of responsibilities and removal of any duplication

·                     Adequacy of staffing levels to address governance functions

·                     Opportunities to increase efficiencies and make savings

·                     Restructuring options across the organisation with possible redundancies (forced or voluntary)

·                     Suitability of remuneration packages for management positions

·                     Increase in FBT liability arising from the packages vehicles for managements positions


8        Current Structure


The position of Director of Corporate Services was vacated in July 2007 and not replaced, eventually being deleted from the structure.  The decision was largely made on economic grounds.  In removing the position, Council was able to afford a Manager Assets to develop and implement Council’s asset management strategy and system in time for the implementation of the new Integrated Planning and Reporting Framework for local government.


However, removal of the position also meant that the General Manager assumed responsibility for much of the work previously undertaken by the Director Corporate Services.




ITEM 8.6      SF1389              040811      Grants Application Status Report - 22 July 2011

2998/11 RESOLVED:       (Flack/South)


That the list of grant applications and their status to 22 July 2011 be received.





ITEM 8.7      SF1460              040811      Application for Special Rate Variation in 2012/2013

2999/11  RESOLVED:      (Moran/Court)


A       That Council advertise its intention to seek a permanent special rate variation of 10.04% in 2012/2013 under Section 508(2) of the Local Government Act comprising the following:


1        3.0% being a provision for the rate peg;


2        5.04% for the permanent continuation of the expiring special variation for the Environmental Levy and loan financing for the replacement of Deep Creek Bridge and the stabilisation of Riverside Drive;


3        2.0% being for additional revenue to fund a loan program to bring forward capital works indentified in Council’s Infrastructure (Asset) Management Plan.


B       That Council undertake a review of its rating structure.





ITEM 8.8      SF299                040811      Back to Bowra Hinterland Festival - Committee of Management

3000/11 RESOLVED:       (South/Court)


That the Back To Bowra Hinterland Festival Committee of Management Annual Financial Report for 1 July 2010 – 30 July 2011 be received and noted.





Item 8.9 was dealt with under Delegations.




ITEM 8.10    PRF10                040811      Amended Draft Plan of Management - Adin Street Reserve, Scotts Head

3001/11 RESOLVED:       (Court/South)


1          That Council note the reclassification proposed by the draft Plan of Management for the Adin Street Reserve to “General Community Use”.


2          That Council give public notice of the draft Plan of Management for the Adin Street Reserve and invite submissions for a period of not less than 42 days.


3          That a report comes to Council with details of the submission for the draft Plan of Management.


4          That the following amendments be included:


Section                 Amendment

4.2.1                     Capital R and C for reserve and committee


4.2.2                     Second sentence – put full stop after Management.  Capitals for this and plan


4.2.5                     Change first part of second paragraph to read:

                            Council may grant permission for camping in restricted area of the Reserve in association with….


4.3                        Under Recreation - Maintain unleased portion of the Adin Street Reserve:

                            Put mowing contractor against Mowing Objective

                            Is there a need for an objective relating to tennis courts?

                            Under Social - Delete ‘Reserve keep maintained and clean


4.3                        Management Strategy and Action Plan, create a new Management Issue of 'Public Safety' and move the 'Means of Achievement', 'Responsibility' and 'manner of Assessment' paragraphs which relate to dangerous trees into the newly created 'Public Safety' management issue section.  Include in the native tree planting and maintenance in the 'Environmental Management' section.


4.5.3                     Delete second ‘used for’





Item 8.11 was dealt with simultaneously with Item 8.5



Item 8.12 was dealt with simultaneously with Item 8.3




Director Environment and Planning Report

ITEM 9.1      SF1589              040811      DA's and CDC's Received and Determined under Delegated Authority to 22 July 2011

3002/11  RESOLVED:      (South/Moran)


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





ITEM 9.2      SF1589              040811      Outstanding DA's greater than 12 months, applications where submissions received not determined to 22 July 2011

3003/11  RESOLVED:      (Flack/South)


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






ITEM 9.3      SF1120              040811      Report on Rural Financial Counselling Service for 2010

3004/11  RESOLVED:      (South/Ainsworth)


That Council note the availability of the 2009-10 Annual Report for Rural Financial Counselling Services NSW – Northern Region, and the key issues dealt with by the Service’s Macksville office.






ITEM 9.4      SF934                040811      Conflict of Interest Provisions for Council Accredited Certifiers

3005/11  RESOLVED:      (Finlayson/South)


1          That the advice of the NSW Building Professional Board be noted.


2          That a submission be sent to the Building Profession Board raising concern about the use of the Capital Investment Value (CIV) when determining the upper limit of work value that can be signed off by Council accredited Building Surveyors as it is not a true reflection of the value of the Construction Certificate for building works.






ITEM 9.5      SF578                040811      NSW Home Saver Rebates Program

3006/11  RESOLVED:      (Court/Ballangarry)


1        The advice of the NSW Office of Environment and Heritage be noted.


2          That Council write to the Office of Environment and Heritage and express concern and disappointment about the Home Saver Rebate program being cancelled, particularly the rainwater tank rebate component which is being promoted within the shire to assist with promoting water saving and assistance in supplementing Council’s water supply shortage.





Director Engineering Services Report

ITEM 10.1    SF61                  040811      Professional Lifeguard Services Report Update for the contract period 2010/2011

3007/11  RESOLVED:      (Flack/Court)


That Council receive and note the amended season report for 2010/2011 from the Australian Lifeguard Service dated 30 June 2011.






ITEM 10.2    SF1208              040811      Costs involved in replacing the plaque on Congarinni Bridge

3008/11 RESOLVED:       (Court/Flack)


1        That Council note the cost of a replacement of the plaque on Congarinni Bridge with the wording “Opened by Howard Langford 17 December 2010” is $245.45 excluding GST.


2        That Council proceed with the installation of the replacement plaque.





There being no further business the Mayor then closed the meeting the time being 7.47 pm. 


Confirmed and signed by the Mayor on 18 August 2011.