NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 04 December 2008 COMMENCING AT 5.30 PM.

 

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)

Lorraine Hemsworth (Minute Secretary)

 

 

 

 

Acknowledgement of Country   (Mayor)

 

I would like to Acknowledge the Gumbaynggirr people who are the Traditional Custodians of this Land.  I would also like to pay respect to the elders both past and present and extend that respect to any Aboriginals present.

 

 

PRAYER

 

Rev Jill Jones (Anglican Church), offered a prayer on behalf of the Nambucca Minister's Association.

 

Ordinary Council Meeting

 

 

SUBJECT:   CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 20 November 2008

883/08 RESOLVED:         (Moran/Flack)

 

That the minutes of the Ordinary Meeting of Council of 20 November 2008 be confirmed subject to the following:

 

·               Page 16       Cr Flack advised that Resolutions for Closed Meeting should refer to “That Council move into Closed Meeting to discuss the matters for the reason/s listed”.

 

 

 


NOTICE OF MOTION – CR Smyth

ITEM 5.1      SF1228              041208      Notice of Motion - Cr Anne Smyth - Request for Leave 22 December 2008 to 12 January 2009

884/08 RESOLVED:         (Smyth/Flack)

 

That Cr Anne Smyth be granted leave of absence from Monday 22 December 2008 to Monday 12 January 2009 inclusive in accordance with Section 234(d) of the Local Government Act.


NOTICE OF MOTION – CR Ainsworth

ITEM 5.2      SF91                  041208      Notice of Motion - Nambucca River Tourist Park - Request for Bus Service

885/08 RESOLVED:         (Ainsworth/Flack)

 

That Council make representation to Busways on behalf of the residents of the Nambucca River Tourist Park with the view to establishing a regular bus service to the Park.

 

 

 


NOTICE OF MOTION – CR Flack

ITEM 5.3      SF793                041208      Notice of Motion - Section 355 Committees of Management - Improved Communications between Council and Committees

886/08 RESOLVED:         (Flack/Smyth)

 

That Council receive a report regarding how it can improve the way it guides, supports, consults and communicates with its s355 Committees of Management and that costs and staffing requirements of different options be reported on.

 

 

 


DELEGATIONS

887/08 Resolved:         (Ainsworth/Flack)

 

That the following delegations be heard:

 

A       ITEM 9.4 - 2007/2008 Financial Statements - 30 June 2008

          (i)       Robert Finch on behalf of Forsyths

 

B       ITEM 11.4 - Scotts Head Road - Wildlife Protection Signage

          (i)       Dejion Jamison (Student)

          (ii)      Alana Kinerson (Student)

          (iii)     Alana Stokes (Student)

          (iv)     Mr Michael Blockey

 

Delegations continued

 

A       ITEM 9.4      2007/2008 Financial Statements - 30 June 2008

         

          5.45 pm – 6.07pm - Mr Finch addressed Council by providing an overview of the Audited 2007/2008 Financial Statements – 30 June 2008.

 

ITEM 9.4      SF1126              041208      2007/2008 Financial Statements - 30 June 2008

888/08 RESOLVED:         (Flack/South)

 

That the Financial Statements and the Auditor’s Reports for the year ended the 30 June 2008 be received and that Mr Finch of Forsyths be thanked for presenting his report and that staff be recognised for their efforts in meeting the statutory deadlines.

 

 

 

 


B       ITEM 11.4 - Scotts Head Road - Wildlife Protection Signage

          (i)       Dejion Jamison (Student)

          (ii)      Alana Kinerson (Student)

(iii)         Alana Stokes (Student)

(iv)         Mr Michael Blockey

 

Dejion Jamison addressed Council from prepared notes which were placed on file.

 

ITEM 11.4    SF90                  041208      Scotts Head Road - Wildlife Protection Signage

889/08 RESOLVED:         (Flack/Ballangarry)

 

1        That Council agree to purchase and erect suitable signage stating “Wildlife About, Look Out”.

 

2               That the financial contribution from the Student Council of the Scotts Head Public School be accepted.

 

3        Council write to School and thank the students for their deputation to Council and for raising funds towards signage.

 

ASKING OF QUESTIONS WITH NOTICE

QWN213/08 - Cr. Paula Flack - Update on Gene Technology Regulator - Genetically Engineered Rose (Ref SF1251)

Apart from the Glofish application last year (Glofish are now banned in Australia), has Council received any other requests from the Gene Technology Regulator?

 

          Response from General Manager:  "In June 2006 Council received advice in relation to the release of GM cotton, then last year we received advice about the Glofish application and since then we have received no other notification from the Gene Technology Regulator other than the recent advice concerning the application to release the genetically engineered rose."

 

MOTION:      (Flack/Smyth)

 

That Council seek further information in regards to the risks posed by Genetically Modified Organisms.

 

The Motion was Lost.

 

 

QWN214/08 - Cr. Paula Flack - Update on Buz Brazel Park Development (Ref SF1251)

Where is the Buz Brazel Park development proposal up to?

 

          Response from General Manager:  “An inspection of Buz Brazel Park is listed for the General Purpose Committee on 17 December at 10.00 am.  This will be a precursor to dealing with an application to extend the playing fields at the same meeting”.

 

 

 

 

 



QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

there were no questions raised.

 

 

General Manager Report

ITEM 9.1      SF959                041208      Outstanding Actions and Reports November 2008

890/08 Resolved:         (Ainsworth/Moran)

 

That the list of outstanding actions and reports for November 2008 be noted and received for information by Council.

 

 

 


ITEM 9.2      SF706                041208      Grant Application Status Report - December 2008

891/08 Resolved:         (Flack/Ballangarry)

 

That the list of grant programs and their status – December 2008 be received.

 

 

 


ITEM 9.3      SF923                041208      Grant Application - Regional and Local Community Infrastructure Program 2008-2009

MOTION:      (Moran/Ballangarry)

1        That Council thank The Hon Anthony Albanese MP, Minister for Infrastructure, Transport, Regional Development and Local Government for the Regional and Local Community Infrastructure Program, an important funding initiative which will bring tangible benefits to our community.

2        That Council utilize the funds to be made available under the Regional and Local Community Infrastructure Program for the replacement of the Coronation Park amenities and kiosk building and provide the details of the project to the Department of Infrastructure, Transport, Regional Development and Local Government.

3        That Council proceed with draft local environmental plan no. 42 to rezone and classify the unused 1,640 sq. metres of Coronation Park as Residential 2(a) and Operational land respectively.

4        That Council staff immediately finalise the location of the new amenities and kiosk building in consultation with the Coronation Park Committee of Management.

5        That a budget of $935,677 be fixed for the new amenities and kiosk building.

6        That plans to “development application” standard be immediately prepared and referred to Council for        endorsement prior to proceeding to tender.

 

Amendment:       (Moran/Smyth)

 

That an inspection of Coronation Park be undertaken at the next General Purpose Meeting scheduled for 17 December 2008.

 

The amendment was Lost.

 

 

Amendment:       (Finlayson/South)

 

1        That Council thank The Hon Anthony Albanese MP, Minister for Infrastructure, Transport, Regional Development and Local Government for the Regional and Local Community Infrastructure Program, an important funding initiative which will bring tangible benefits to our community.

 

2        That Council utilize the funds to be made available under the Regional and Local Community Infrastructure Program for the replacement of the Coronation Park amenities and kiosk building and provide the details of the project to the Department of Infrastructure, Transport, Regional Development and Local Government.

 

3        That Council staff immediately finalise the location of the new amenities and kiosk building in consultation with the Coronation Park Committee of Management.

 

4        That a budget of $935,677 be fixed for the new amenities and kiosk building.

 

5        That plans to “development application” standard be immediately prepared and referred to Council for endorsement prior to proceeding to tender.

 

6        That an inspection be undertaken at Coronation Park at the next General Purpose Meeting scheduled for 17 December 2008.

 

The amendment was carried became the motion and it was:

 

892/08 Resolved:         (Finlayson/South)

 

1        That Council thank The Hon Anthony Albanese MP, Minister for Infrastructure, Transport, Regional Development and Local Government for the Regional and Local Community Infrastructure Program, an important funding initiative which will bring tangible benefits to our community.

 

2        That Council utilize the funds to be made available under the Regional and Local Community Infrastructure Program for the replacement of the Coronation Park amenities and kiosk building and provide the details of the project to the Department of Infrastructure, Transport, Regional Development and Local Government.

 

3        That Council staff immediately finalise the location of the new amenities and kiosk building in consultation with the Coronation Park Committee of Management.

 

4        That a budget of $935,677 be fixed for the new amenities and kiosk building.

 

5        That plans to “development application” standard be immediately prepared and referred to Council for endorsement prior to proceeding to tender.

 

6               That an inspection be carried out at Coronation Park at the next General Purpose Meeting scheduled for 17 December 2008.

 

 

 


9.4 was dealt with under delegation.

 


 


ITEM 9.5      SF1067              041208      Election Funding and Disclosure Act 1981 - Mayors and Councillors  Obligation for Reporting

893/08 RESOLVED:         (Ainsworth/South)

 

That the Mayor and Councillors are aware of their obligation under the Election Funding and Disclosure Act 1981.

 

ITEM 9.6      SF15                  041208      Macksville Saleyards

894/08 RESOLVED:         (Moran/Ainsworth)

 

1       That Council note the identified trend of rationalisation of the saleyard industry towards regional livestock exchanges resulting in the foreseeable closure of smaller saleyards.

 

2       That Council consider a variance to the saleyard improvement budget (38601) to increase allocated funds in the amount $4,000.00 to meet the cost of improvements required to remedy identified safety risks within the saleyard enclosure.

 

3       That Council consider a variance to the saleyard improvement budget (38601) in 2009/2010 to increase allocated funds in the amount $10,000.00 required to engage a suitably qualified Consultant to report on the optimum waste management system for the Macksville Saleyards and the most economical implementation of that system.

 

4       That Council reconvene the Saleyard Advisory Committee to determine mid to long term operational strategies for the Macksville Saleyards.

 

 

 


ITEM 9.7      SF310                041208      Annual General Meeting - Eungai District Community Centre - Committee of Management

895/08 RESOLVED:         (Flack/Moran)

 

1        That Council endorse the Eungai District Community Centre Committee of Management and thank the outgoing Committee for their work in 2007/2008.

 

2        That the Community Services Directory and Committees of Management data source be updated to reflect the new Committee.

 

ITEM 9.8      SF335                041208      Annual General Meeting - Talarm Hall Committee of Management

896/08 RESOLVED:         (Ainsworth/Flack)

 

1        That Council endorse the Talarm Hall Committee Committee of Management and thank the outgoing Committee for their work in 2007/2008.

 

2        That the Community Services Directory and Committees of Management data source be updated to reflect the new Committee.

 

 

 


ITEM 9.9      SF337                041208      Annual General Meeting - Taylors Arm Reserve Committee of Management

897/08 RESOLVED:         (Ainsworth/Ballangarry)

 

1        That Council endorse the Taylors Arm Reserve Committee of Management and thank the outgoing Committee for their work in 2007/2008.

 

2        That the Community Services Directory and Committees of Management data source be updated to reflect the new Committee.

 

ITEM 9.10    SF968                041208      Annual General Meeting - Nambucca Valley Netball Association Committee of Management

898/08 RESOLVED:         (Moran/Flack)

 

1        That Council endorse the Nambucca Valley Netball Association Committee of Management and thank the outgoing Committee for their work in 2007/2008.

 

2        That the Community Services Directory and Committees of Management data source be updated to reflect the new Committee.

 

ITEM 9.11    SF377                041208      Annual General Meeting - Nambucca Senior Citizens Club - 18 November 2008

899/08 RESOLVED:         (Moran/Smyth)

 

1        That Council endorse the Nambucca Senior Citizens Club  and thank the outgoing Committee for their work in 2007/2008.

 

2        That the Community Services Directory and Committees of Management data source be updated to reflect the new Committee.

 

ITEM 9.12    SF923                041208      Grant Application - Regional and Local Community Infrastructure Program - Strategic Projects 2008-2009

900/08 RESOLVED:         (Moran/Flack)

 

That Council submit an application for funding under the Regional and Local Community Infrastructure Program – Strategic Projects 2008-2009 for an upgrade of the Nambucca Heads Sewerage Scheme.

 

ITEM 9.13    SF256                041208      Report on Nature Conservation Council Conference held in Sydney 12-13 November 2008 - Cr Flack & Cr Smyth

901/08 RESOLVED:         (Smyth/Flack)

 

That Council note the report on the Nature Conservation Council Conference held in Sydney 12-13 November 2008.

 

ITEM 9.14    SF882                041208      National Awards for Local Government - Commendation to Nambucca Shire Council for Innovation in Regional Development

902/08 RESOLVED:         (Moran/Ainsworth)

 

That the information concerning Council’s Commendation for Innovation in Regional Development be received and that Mr Wayne Lowe (Manager Business Development) be congratulated.

 

Director Environment and Planning Report

ITEM 10.1    SF691                041208      Outstanding Development applications more than 12 months old and applications where submissions have been received and not determined to 25 November 2008

903/08 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.

 

3        That Council determine if any of the applications where submissions have been received, are to be “called in” and presented to a future meeting of Council.

 

ITEM 10.2    SF283                041208      Report on Access Committee Minutes of 28 October 2008

904/08 RESOLVED:         (Moran/Ballangarry)

 

1       That Council note Mrs Dot Secomb’s election to the role of Chairperson to the Access Committee.

 

2       That the remaining minutes of the Access Committee meeting held on 28 October 2008 be noted.

 

ITEM 10.3    SF785                041208      Report on Nambucca Shire Council Crime Prevention Plan

905/08 RESOLVED:         (Flack/Smyth)

 

1          That Council note the endorsement of its Crime Prevention Plan as a Safer Community Compact under Part 4 of the Children (Protection and Parental Responsibility) Act 1997; effective 5 September 2008 and concluding 4 September 2011.

 

2          That Council makes a submission for a grant of $50,000 to the Crime Prevention Grants closing December 2008, based on the Safer Women Around Nambucca Shire project and including safety audits of all licensed premises.

 

3          That Council extends an invitation to the NSW Police and NSW Attorney General’s Department to discuss implementing, resourcing and reporting on the Nambucca Shire Crime Prevention Plan, possibly at the General Purpose Committee meeting in February 2009.

 

7.04 pm – 8.04 pm - The meeting adjourned for dinner to allow Cr Rhonda Hoban (Mayor) and Mr Michael Coulter (General Manager) to meet and welcome the Indonesian Minister Abri at the Nambucca Heads Entertainment Centre.

 

 


ITEM 10.4    SF281                041208      Report on Youth Week 2009 Program

906/08 RESOLVED:         (Flack/Court)

 

That Council approves the Youth Week 2009 activities which are being run by Nambucca Shire Council.

 


ITEM 10.5    SF776                041208      Joint 49th Annual Floodplain Management Authorities (NSW) & 6th Biennial Victorian Flood Conference - Albury 17-20 February 2009

907/08 Resolved:         (Ainsworth/South)

 

That the Director Environment and Planning (or his nominee) represent Nambucca Shire Council at the joint 49th Annual Floodplain Management Authorities (NSW) & 6th Biennial Victorian Flood Conference to be held at the Albury Convention Centre over 17-20 February 2009.

 

ITEM 10.6    SF688                041208      Environmental Levy - Review of Income and Expenditure

908/08 RESOLVED:         (Flack/Smyth)

 

1       That Council note the identified income and expenditure of the Environmental Levy and the identified commitments for the remaining 18 months of the approved program.

 

2       That during the first half of the 2009/2010 budget year Council call for community input into a new Environmental Levy program for the five years period to the end of the 2014/2015 budget year.

 

ITEM 10.7    SF631                041208      Report on Successful Funding Application - Estuary Management Program, Coastal Management Program and Floodplain Management Program

909/08 RESOLVED:         (Ainsworth/Moran)

 

1       That Council note and accept the three successful funding applications for:

 

a    Implementation of the Nambucca River Estuary Management Plan    $200,000

b    Updated Flooding and Hydrology Study for the Lower Nambucca      $ 25,000

c    Stages 2 & 3 of the Nambucca Coastal Hazard Management Plan      $ 25,000

 

2       That Council note the source of matching funds from its Environmental Levy.

 

3        That the Mayor and General Manager be authorised to sign and seal the funding agreements as required.


 

Director Engineering Services Report

ITEM 11.1    PRF44                041208      Plan of Management - Donnelly Welsh Playing Fields

MOTION:      (Ainsworth/Moran)

 

That Council place on public exhibition the Draft Plan of Management for the Donnelly Welsh Playing Fields allowing 28 days for display and an additional 14 days for submissions from the date of advertising in a local newspaper.

 

Amendment:       (Flack/Court)

 

That the Draft Plan of Management for the Donnelly Welsh Playing Fields be deferred to the first General Purpose meeting in January 2009.

 

The amendment was Lost.

 

Amendment:       (Court/Flack)

 

That Council place on public exhibition from the 8 January 2009 the Draft Plan of Management for the Donnelly Welsh Playing Fields allowing 28 days for display and an additional 14 days for submissions from the date of advertising in a local newspaper.

 

The amendment was LOST.

 

 

910/08 rESOLVED:         (Ainsworth/Moran)

 

That Council place on public exhibition the Draft Plan of Management for the Donnelly Welsh Playing Fields allowing 28 days for display and an additional 14 days for submissions from the date of advertising in a local newspaper.


 

ITEM 11.2    SF247                041208      Nambucca Heads Sewerage Augmentation Land Acquisition

911/08 RESOLVED:         (Moran/Ainsworth)

 

1        That Council authorise the compulsory acquisition of part lot 7001/DP1113224,  being more or less of the area shaded on the plan attached hereto, pursuant to section 186 of the local Government Act 1993 and the  Land Acquisition (Just terms compensation) Act 1991 for the purpose of augmenting the existing infrastructure at the Nambucca Heads Sewage Pumping Station Number 3.

 

2        That Council authorise the compulsory acquisition of part lot 2/DP865355,  being more or less of the area shaded on the plan attached hereto, pursuant to section 186 of the local Government Act 1993 and the  Land Acquisition (Just terms compensation) Act 1991 for the purpose of augmenting the existing infrastructure at the Valla Beach Sewage Pumping Station Number 5.

 

3        That council authorise application to the Minister of Local Government and the Governor for the compulsory Acquisition of Part to 7001/DP1113224 and Part Lot 2/DP865355.

 

4        That Council classify the land to be acquired by compulsory process and described as part lot 7001/DP1113224 and part lot 2/DP865355 as Operational Land within the meaning of the Local Government Act 1993.

 

5        That Council seek to enter into a section 30 agreement within meaning of the Land Acquisition (Just terms compensation) Act 1991 for the compulsory Acquisition of Part lot 2/DP865355.

 

ITEM 11.3    SF216                041208      Liquid Trade Waste - Grease Arrestors

912/08 RESOLVED:         (Moran/Ainsworth)

 

That the report on Liquid Trade Waste – Grease Arrestors be noted by Council.

 

913/08         Resolved: (Moran/Ballangarry)

 

That Council write to the Department of Water and Energy (DWE) in relation to Grease arrestors pointing out the difference of volume of people in city compared to country and that there should be different standards applying in the country.  There should be a recognition of small businesses which create little trade.

     

 


11.4 dealt with under Delegation.

 

 


 


COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

914/08 RESOLVED:         (Ainsworth/Moran)

 

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.

 

Reason reports are in Closed Meeting:

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    29950/2008         041208      Monitoring 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.

 

 

 


CLOSED MEETING

 

The Ordinary Council Meeting's IN CLOSED MEETING commenced at 8.40 pm.

 

 

RESUME IN OPEN MEETING

915/08 RESOLVED:         (Moran/Ainsworth)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 8.57 pm.

 

 

 

 

 

 

 


FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    29950/2008         041208      Monitoring of General Manager's Performance

916/08 RESOLVED:         (Ainsworth/Moran)

 

1        That Council note that the General Manager’s Performance Review Committee is satisfied          with the General Manager’s performance.

 

2        That Council note the specific matters to be attended to by the General Manager.

 

 

 

 

 

 


CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 9.00 pm.

 

Confirmed and signed by the Mayor on 18 December 2008.

 

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)