Cr Rhonda Hoban (Mayor) |
Cr John Ainsworth |
Cr Martin Ballangarry OAM |
Cr Brian Finlayson |
Cr Susan Jenvey |
Cr David Jones |
Cr Janine Reed |
Cr Anne Smyth |
ALSO PRESENT
Michael Coulter (General Manager) |
Scott Norman (AGM Corporate Services) |
Paul Gallagher (AGM Engineering Services) |
Monika Schuhmacher (Minute Secretary) |
APOLOGIES
Cr John Wilson
DISCLOSURE OF INTEREST
Councillor Smyth declared a non-pecuniary less significant conflict of interest in Item 5.3 – Notice of Motion – Reinstatement of Macksville as an "RV Friendly Town" under the Local Government Act as Cr Smyth is a member of CMCA who sponsor the "RV Friendly Town" Program.
Councillor Jenvey declared a non-pecuniary significant conflict of interest in Item 9.4 Environmental Management Audit of Valla Quarry under the Local Government Act as Cr Jenvey has private interests that would influence performance of official duties. Cr Jenvey left the meeting for this item.
Councillor R Hoban declared a non-pecuniary significant conflict of interest in Item 9.4 Environmental Management Audit of Valla Quarry under the Local Government Act as Cr Hoban, prior to becoming a Councillor, was involved in negotiating Conditions of Consent for Valla Quarry. Cr Hoban left the meeting for this item.
Councillor Smyth declared a non-pecuniary less significant conflict of interest in Item 9.6 – Gordon Park Rainforest Committee of Management Concern about Damage Caused by Flying Fox and Request for an On-Site Meeting under the Local Government Act as Cr Smyth is a member of the Gordon Park Rainforest Committee of Management.
Councillor J Reed declared a Pecuniary and a Non-Pecuniary significant conflict of interest in Item 9.9 Macksville Revitalisation and Results of Exhibition under the Local Government Act as Cr Reed is a part owner of property mentioned in the report and that Libby Ussher, mentioned in the recommendation is Cr Reed's sister.. Cr Reed left the meeting for this item.
Councillor JA Ainsworth declared a non-pecuniary significant conflict of interest in Item 9 Macksville Revitalisation and Results of Exhibition under the Local Government Act as Cr Ainsworth states that a family member has objected to some components of the exhibited plan. Cr Ainsworth left the meeting for this item.
Councillor J Reed declared a non-pecuniary interest in Item 10.2 Utungun Community Centre Committee of Management - Minutes of AGM - 17 January 2017 under the Local Government Act as Cr Reed is a member of the Utungun Community Centre.
Councillor J Reed declared a non-pecuniary interest in Item 10.5 Donations Program (Section 356) 2017/2018 - Applications for Approval under the Local Government Act as Cr Reed is a member of the Utungun Community Centre.
Councillor Jones declared a non-pecuniary interest in Item 10.5 Donations Program (Section 356) 2017/2018 - Applications for Approval under the Local Government Act as Cr Jones is the Public Officer of Nambucca Strikers Soccer Club – who received rubbish removal as part of "donations programs".
CONFIRMATION OF MINUTES - Ordinary Council Meeting 30 March and the special meeting on 3 April 2017
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1 That the minutes of the Ordinary Council Meeting of 30 March 2017 be confirmed subject to the following amendments: Cr Hoban Item 9.10 Resolution 1 should read: "….as outlined in the body of this report." Cr Hoban Item 10.7 Resolution should read: "That Council adopt resolution."
173/17 Resolved: (Smyth/Ballangarry)
2 That the minutes of the Special Council Meeting of 3 April 2017 be confirmed. |
NOTICE OF MOTION - CR Hoban
NOTICE OF MOTION - CR Hoban
NOTICE OF MOTION - CR Smyth
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RECOMMENDATION
That the following delegations be heard:
i) Mr Terry Baldwin - Lower Buccrabendinni Road ii) Ms Jenny Argent - Lower Buccrabendinni Road |
Mr Baldwin addressed Council and his speaking notes are on file SF2305.
Ms Robyn McDonald on behalf of Ms Jenny Argent addressed Council; Ms Argent’s speaking notes are on file SF2305.
177/17 Resolved: (Reed/Ainsworth)
That Council writes to the Minister for Roads, The Hon Melinda Pavey MP, seeking timing of the funding program for the Fixing Country Roads Grant Program. |
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
178/17 RESOLVED: (Ainsworth/Finlayson)
That the list of outstanding actions and reports be noted and received for information by Council. |
179/17 RESOLVED: (Reed/Ainsworth)
That Council note the topics for local government performance audits by the Auditor-General of NSW. |
Cr Hoban and Cr Jenvey left the meeting for Item 9.4 at 6.37 pm and returned after the conclusion of Item 9.4 at 6.38 pm.
The Deputy Mayor Cr Ainsworth took the Chair for the duration of Item 9.4.
The Mayor resumed the Chair at 6.37 pm.
Cr Ainsworth and Cr Reed left the meeting for Item 9.9 at 7.15 pm and returned after the conclusion of Item 9.9 at 7.25 pm.
ITEM 9.9 SF1855 130417 Macksville Revitalisation and Results of Exhibition |
1 That Council endorse the draft revitalisation plan for implementation in principle and subject to design modifications to accommodate works. Council will be consulted on the implementation of plan as required.
2 That staff engage with Mrs Libby Ussher and a representative from local volunteer gardeners Joan’s Army in respect to the selection of ornamental tree species for focal points in the town centre.
3 That staff engage with the Macksville RSL and other business owners in Winifred Street in respect to the street trees.
4 Council’s Business Development Committee to Council be provided with an opportunity to consider strategies to develop ideas for public art in the Macksville CBD for example Wallace Lane.
Amendment: (Jones/Jenvey)
1 That Council endorse the draft revitalisation plan for implementation in principle and subject to design modifications to accommodate works. Council will be consulted on the implementation of plan as required.
2 That staff engage with Mrs Libby Ussher and a representative from local volunteer gardeners Joan’s Army in respect to the selection of ornamental tree species for focal points in the town centre; from the Street Tree Planting Guidelines previously adopted by Council.
3 That staff engage with the Macksville RSL and other business owners in Winifred Street in respect to the street trees.
4 Council’s Business Development Committee to Council be provided with an opportunity to consider strategies to develop ideas for public art in the Macksville CBD for example Wallace Lane.
The amendment was carried and it became the motion and it was:
186/17 Resolved: (Jones/Jenvey)
1 That Council endorse the draft revitalisation plan for implementation in principle and subject to design modifications to accommodate works. Council will be consulted on the implementation of plan as required.
2 That staff engage with Mrs Libby Ussher and a representative from local volunteer gardeners Joan’s Army in respect to the selection of ornamental tree species for focal points in the town centre; from the Street Tree Planting Guidelines previously adopted by Council.
3 That staff engage with the Macksville RSL and other business owners in Winifred Street in respect to the street trees.
4 Council’s Business Development Committee to Council be provided with an opportunity to consider strategies to develop ideas for public art in the Macksville CBD for example Wallace Lane. |
ITEM 9.11 SF296 130417 Local Government NSW Tourism Conference 2017 |
That the report from the 2017 Local Government NSW Tourism Conference be noted. |
194/17 RESOLVED: (Reed/Finlayson)
That Council’s Ranger’s report for March 2017 be received and noted by Council. |
General Manager Report – LATE
Assistant General Manager Corporate Services Report
196/17 RESOLVED: (Finlayson/Ainsworth)
That the Accountants’ Report on Investments placed to 31 March 2017 be noted.
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Assistant General Manager Engineering Services Report
ITEM 11.1 T010/2016 130417 Tender T010/2016 - Construction of a Roof Structure over Nambucca Waste Management Facility Transfer Station |
201/17 RESOLVED: (Ainsworth/Finlayson)
1 That Council award Tender T010/2016 for the Construction of a Roof Structure over Nambucca Waste Management Facility Transfer Station to Beyond Expectations Pty Ltd.
2 That Council update the Contract Register (TRIM: 31325/2016).
For the motion: Councillors Hoban, Jones, Reed, Ainsworth, Finlayson, Smyth, Jenvey, Ballangarry (Total 8) Against the motion: Nil |
ITEM 11.2 SF90 130417 Nambucca Shire Traffic Committee Meeting Minutes - 4 April 2017 |
202/17 RESOLVED: (Ainsworth/Finlayson)
1 That Council:
a) approve the road closures for ANZAC DAY Marches in 2017 for Macksville, and the period 2017- 2019 for Nambucca Heads and Bowraville, noting the following being received by Council:
Certificate of Currency for Public Liability Insurance Traffic Management Plan confirming Accredited Traffic Controllers will be on site, and Police approval for the road closure.
b) endorse the road closures for the ANZAC DAY marches to be held on ANZAC DAY 25 April 2017 – 2019 as follows:
Macksville - Dawn Service - Princess and River Streets between Mackay Street and Wallace Lane from 0515 to 0545 hours; then Princess and Wallace Street, Wallace Lane and River Street between Station and Mackay Streets from 1015 to 1230 hours;
Bowraville - High Street between Bowra and Young Streets – from 0900 to 1115 hours;
Nambucca Heads - Bowra and Nelson Streets between Rosedale Street and Riverside Drive from 0830 to 0930 hours.
c) advertise the road closures seven (7) days prior to Anzac Day March.
d) note that each RSL branch must reapply if there are any changes to the approved application i.e. times or march route, comply with the approved Traffic Management Plan and/or NSW Police instruction and hold a current Certificate of Currency for Public Liability Insurance.
2 That in accordance with the Nambucca Local Traffic Committee recommendations that Council retain the existing posted speed limits for the following roads:
Gumma Road Taylors Arm Road/Maras Creek Road Utungun North Bank Road - Yarranbella
3 That in accordance with the Nambucca Local Traffic Committee recommendations that Council support the installation of 2 hour Parking restrictions in Short Street Nambucca Heads fronting:
a) 8 Short Street Nambucca Heads for a distance of approximately 12m, equal to 2 parking bays;
b) 6 Short Street Nambucca Heads for a distance of approximately 7m, equal to 1 parking bay; and
c) A “No Parking Zone” fronting 6 Short Street Nambucca Heads for a distance of approximately 6m, equal to 1 parking bay.
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The meeting adjourned was adjourned at 8.20 pm.
The meeting resumed at 9.00 pm.
COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)
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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 below.
Reason reports are in Closed Meeting: |
Assistant General Manager Engineering Services Report
For Confidential Business Paper in Closed Meeting
ITEM 12.1 T010/2016 130417 Confidential - Tender T010/2016 - Construction of a Roof Structure over Nambucca Waste Management Facility Transfer Station
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 12.2 SF839 130417 General Manager's Performance Review
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 12.3 SF839 130417 General Manager's Performance Review - Self Assessment
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.
CLOSED MEETING
The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 9.00 pm.
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That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 10.25 pm. |
FROM COUNCIL IN CLOSED MEETING
Assistant General Manager Engineering Services Report
For Confidential Business Paper in Closed Meeting
ITEM 12.1 T010/2016 130417 Confidential - Tender T010/2016 - Construction of a Roof Structure over Nambucca Waste Management Facility Transfer Station |
203/17 RESOLVED: (Ainsworth/Jones)
That Council note the information contained in the tender evaluation for Tender T010/2016 for the Construction of a Roof Structure over Nambucca Waste Management Facility Transfer Station. |
For Confidential Business Paper in Closed Meeting
204/17 RESOLVED: (Ainsworth/Jones)
That the General Manager note the Council’s comments on his performance. |
For Confidential Business Paper in Closed Meeting
ITEM 12.3 SF839 130417 General Manager's Performance Review - Self Assessment |
205/17 ReSOLVED: (Ainsworth/Jones)
That Council note the General Manager’s self-assessment and provide feedback as required. |
CLOSURE
There being no further business the Mayor then closed the meeting the time being 10.35 pm.
Confirmed and signed by the Mayor on 27 April 2017.
CR RHONDA HOBAN
MAYOR
(CHAIRPERSON)