NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 02 April 2009 COMMENCING AT 5.30 PM

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Janet Court

Cr Brian Finlayson

Cr Mike Moran OAM

Cr Anne Smyth

Cr Elaine South

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Bruce Redman (Director Engineering Services)

Greg Meyers (Director Environment & Planning)

Lorraine Hemsworth (Minute Secretary)

 

 

APOLOGIES

 

Nil.

 

 

Ordinary Council Meeting

 

SUBJECT:   DISCLOSURE OF INTEREST

 

Councillor R Hoban declared a Non Pecuniary – Significant Conflict of interest in Item 8.8 Commercial Release of Genetically Modified Rose under the Local Government Act as she is involved in aspects of the Horticulture Industry where genetic modification is practised and left the meeting for this item.

 

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 19 March 2009

1115/09 RESOLVED:       (Moran/Flack)

 

That the minutes of the Ordinary Council Meeting of 19 March 2009 be confirmed.

 

 

 

 


ASKING OF QUESTIONS WITH NOTICE

 

There were no questions with notice.

 

 

 


QUESTION 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 8.1      SF959                020409      Outstanding Actions and Reports March 2009

1116/09 RESOLVED:       (Moran/Ballangarry)

 

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

 

 

 


ITEM 8.2      SF733                020409      Transition from Coal Powered to Renewable Energy and a National Feed-in Tariff Policy

1117/09 Resolved:       (Flack/Court)

 

That Council note the information concerning transition to renewable energy and a feed-in tariff policy.

 

Motion:      (Flack/Smyth)

 

That Council communicate to the State and Federal Governments its opposition to new coal fired power plants.

 

The Motion was Lost.

 

 

 


ITEM 8.3      SF489                020409      Draft Information Technology Strategic Plan 2009

MOTION:      (Moran/Finlayson)

 

That Council adopt the Information Technology Strategic Plan 2009.

 

Amendment:       (Flack/Court)

 

That Council adopt the Information Technology Strategic Plan 2009 with the inclusion of a paragraph relating to opportunities for video link ups in 3.6 and minor changes as detailed in a “track changes’ copy by Councillor Flack.

The Amendment was carried and became the Motion which was:

 

1118/09 Resolved:       (Flack/Court)

 

That Council adopt the Information Technology Strategic Plan 2009 with the inclusion of a paragraph relating to opportunities for video link ups in 3.6 and minor changes as detailed in a “track changes’ copy submitted by Councillor Flack.

 

 

 

 


 


ITEM 8.4      SF1301              020409      Delegations of Authority - Community Based Section 355 Committees

1119/09 RESOLVED:       (Moran/Ainsworth)

 

That Council delegate authority to the following Committees of Management under Section 355 of the Local Government Act in accordance with the circularised document:

 

Argents Hill Hall

Australia Day Committee

Bowraville Folk Museum

Bowraville Hinterland Festival

Bowraville Pioneer Community Centre

Bowraville Sports Ground

Burrapine Public Hall

Coronation Park

Crosswinds Wetland Nature Reserve

E J Biffin Playing Fields

Eungai Community Pre-School Centre

Eungai District Community & Hall Council

Gordon Park Rainforest Walk

Grants Hall/Bowraville & District Youth Club

Gumma Crossing (Boulton’s)

Macksville Netball Courts

Macksville Senior Citizens Centre

Macksville Showground

Macksville Tennis Courts

Mary Boulton Pioneer Cottage and Museum

Missabotti Community Centre

Nambucca District Band

Nambucca District Historical Society

Nambucca Entertainment Centre

Nambucca Heads Tennis Club

Nambucca Senior Citizens

 

North Macksville Playing Field

 

Scotts Head New Year Eve Celebrations

 

Scotts Head Sports Fields

 

Scotts Head Tennis Courts

 

South Arm Hall

 

Talarm Hall

 

Taylors Arm Hall

 

Taylors Arm Sports Reserve

 

Tewinga Community Centre

 

Unkya Reserve

 

Utungun Community Centre

 

Valla Beach Tennis Club

 

Valla Beach Urban and Hall

 

Valla Public Hall

 

Warrell Creek Public Hall

 

Welsh Pioneer Park

 

 


 

ITEM 8.5      SF939                020409      Marketing Slogan

1120/09 Resolved:       (Flack/Smyth)

 

That Council seek the views of the Chambers of Commerce, Nambucca Valley Tourism and High Schools to the proposed marketing slogan “Industry, Lifestyle and Tourism” and the proposed billboard to replace “Unpack your Bags” and any alternative proposals they may have and be reported back to Council in three months.

 

 

 

 


ITEM 8.6      SF706                020409      Grant Application Status Report - 5 March 2009

1121/09 RESOLVED:       (Moran/Court)

 

1        That the list of grant programs and their status to 5 March 2009 be received.

 

1122/09 Resolved:       (Hoban/Court)

 

2        That when the Grant Application Status Report is presented there be a brief table showing successful funding.

 

 

 


ITEM 10.1    PRF11                020409      Buz Brazel Park - Review of Plan of Management

1123/09        (Moran/Ainsworth)

 

That Item 10.1 be bought forward.

 

Motion:      (Court/Ainsworth)

 

1       That Council adopt the exhibited Plan of Management for Buz Brazel Park, Scotts Heads.

 

2       That Council approve the further development of Buz Brazel Park in accordance with the Plan of Management as permitted under the State Environmental Policy (Infrastructure 2007).

 

3       That the development be in accordance with the major and secondary recommendations of the Environmental Assessment by Darkheart Eco-Consultancy.

 

4               That no further impact on the bushland for sporting purposes occur with Council assisting in the formation of a Landcare Group by zoning for Environmental Management.

 

Amendment:       (Court/Ballangarry)

 

1       That Council adopt the exhibited Plan of Management for Buz Brazel Park, Scotts Heads including additional species Allocasurina littoralis (oak), Allocasurina torulousa (forest oak) and Corymbia intermedia (pink bloodwood).

2       That Council approve the further development of Buz Brazel Park in accordance with the Plan of Management as permitted under the State Environmental Policy (Infrastructure 2007).

 

3       That the development be in accordance with the major and secondary recommendations of the Environmental Assessment by Darkheart Eco-Consultancy.

 

4               That no further impact on the bushland for sporting purposes occur with Council assisting in the formation of a Landcare Group by zoning for Environmental Management.

 

The Amendment was carried and became the Motion and was:

 

 

MOTION:      (Court/Ballangarry)

 

1       That Council adopt the exhibited Plan of Management for Buz Brazel Park, Scotts Heads including additional species Allocasurina littoralis (oak), Allocasurina torulousa (forest oak) and Corymbia intermedia (pink bloodwood).

2       That Council approve the further development of Buz Brazel Park in accordance with the Plan of Management as permitted under the State Environmental Policy (Infrastructure 2007).

 

3       That the development be in accordance with the major and secondary recommendations of the Environmental Assessment by Darkheart Eco-Consultancy.

 

4       That no further impact on the bushland for sporting purposes occur with Council assisting in the formation of a Landcare Group by zoning for Environmental Management.

 

 

Amendment:       (Ainsworth/Court)

 

That a decision on the Buz Brazel Park Plan of Management be deferred to allow the Scotts Head Sports Fields Committee of Management the opportunity to comment on the revision of the Master Plan as proposed by Councillor Court.

 

The Amendment was carried and became the Motion and was:

 

 

1124/09 Resolved:       (Ainsworth/Court)

 

That a decision on the Buz Brazel Park Plan of Management be deferred to allow the Scotts Head Sports Fields Committee of Management the opportunity to comment on the revision of the Master Plan as proposed by Councillor Court.

 

 

 

ITEM 8.7      SF770                020409      Local Water Utility Inquiry - Response from Coffs Harbour City Council

1125/09 RESOLVED:       (Ainsworth/Moran)

 

1        The correspondence from Coffs Harbour City Council be noted.

 

2        Council thank Coffs Harbour City Council for being receptive to possible alliancing opportunities and indicate at this stage Nambucca Shire Council will await the State    Government’s announcement of its position before deciding on what further action to take.

 

 

 


 


At 6.40 pm the Mayor, Cr Hoban, vacated the Chair and left the meeting and Deputy Mayor, Cr Ainsworth, took the Chair.

 


ITEM 8.8      SF1321              020409      Commercial Release of Genetically Modified Rose

Motion:      (Moran/South)

 

That Council note the application from Florigene Pty Ltd to the Gene Technology Regulator to propagate and grow the modified roses for sale.

 

 

Amendment:       (Flack/Finlayson)

 

That a decision on the application from Florigene Pty Ltd to the Gene Technology Regulator to propagate and grow the modified roses for sale be deferred to the Council Meeting of 16 April 2009.

 

The amendment was carried and became the Motion and was:

 

1126/09 Resolved:       (Flack/Finlayson)

 

That a decision on the application from Florigene Pty Ltd to the Gene Technology Regulator to propagate and grow the modified roses for sale be deferred to the Council Meeting of 16 April 2009.

 

 

 

 


At 6.45 pm the Mayor, Cr Hoban, returned to the meeting and took the Chair vacated by Deputy Mayor, Cr Ainsworth.

 

 


ITEM 8.9      SF331                020409      Scotts Head Sports Field Committee of Management AGM

1127/09 RESOLVED:       (Moran/Finlayson)

 

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

 

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

 

 

 


ITEM 8.10    SF399                020409      Financial Assistance Grant Allocations and Methodology - Proposal by Sutherland Shire Council

1128/09 RESOLVED:       (Ainsworth/Flack)

 

That Council note the letter from Sutherland Shire Council.


 

ITEM 8.11    SF871                020409      Lease - Valla Beach Community Pre-School Incorporated

1129/09 RESOLVED:       (Flack/Court)

 

1       That Council renew the Lease of Part Lot 8 in DP 821952 to Valla Community Pre-School Incorporated for a period of three (3) years, on a rental to be determined with the Valla Beach Urban and Hall Committee of Management and subject to compliance with Sections 46A and 47A of the Local Government Act and associated regulations.

 

2       That Council authorise the General Manager and the Mayor to execute the Lease Agreement and affix the common seal to the Lease Agreement.

 

3       That the Valla Community Pre-School Incorporated continue in occupation of the demised premises in accordance with clause 34(b) of the existing lease until a new Lease is created and executed or alternative arrangements negotiated.

 

 

 


Director Environment and Planning Report

 

ITEM 9.1      SF428                020409      Report on the Release of the Mid North Coast Farmland Mapping Project

1130/09 RESOLVED:       (Moran/Flack)

 

1        That Council note that the Mid North Coast Farmland Mapping Project has been released.

 

2        That Council not engage an Agronomist to pursue the remaining 1.2ha site for exclusion from the Farmland Mapping Project.

 

 

 

 


ITEM 9.2      SF537                020409      Report on the exhibition of Noise Report Macksville Industrial Estate

1131/09 RESOLVED:       (Moran/Ainsworth)

 

1       That Council note the Acoustic Assessment Report by Heggies Pty Ltd and place the report on public exhibition for comment for a period of 28 days.

 

2       That copies of the report be sent to those persons who have made representations and formal complaints regarding noise from the Macksville Industrial Estate along with those operators identified as being a noise source.

 

 

 


 


ITEM 9.3      SF226                020409      Report for adoption of Draft Local Approvals Policy - Keeping of Animals within Nambucca Shire

1132/09 RESOLVED:       (Flack/Finlayson)

 

That the Nambucca Shire Local Approvals Policy for the Keeping of Animals be adopted by Council with an effective date being 30 days after a public notice advising of its adoption has been placed in the local newspapers.

 

 

 


ITEM 9.4      SF1261              020409      Outstanding DA's >12 months and applications where submissions received and not determined 24 March 2009

1133/09 RESOLVED:       (Flack/Smyth)

 

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 9.5      SF1268              020409      NSW Environmental Trust - Urban Sustainability Program Grant - Our Living Coast Regional Sustainability Initiative

1134/09 RESOLVED:       (Flack/Smyth)

 

1        That Council note the progress on the Our Living Coast Regional Sustainability program.

 

2        That Council, in conjunction with the other member council's, Coffs Harbour City and Bellingen Shire, seek to increase the allocation for on-ground works in each of the three Council areas through the preparation of the Management Plan and Budget by critically reviewing the means of achieving the identified program outcomes.

 

 

 


Director Engineering Services Report

 

ITEM 10.2    PRF44                020409      Donnelly Welsh Playing Fields - Plan of Management

1135/09 RESOLVED:       (Ainsworth/Finlayson)

 

1        That Council adopt the Plan of Management for Donnelly Welsh Playing Fields as amended by points 1 to 9.

 

2        That the persons who made a submission be advised.

 

3        That a copy of the adopted Plan of Management be provided to the Committee of Management.

 

 

 


   

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 6.59 pm.

 

Confirmed and signed by the Mayor on 16 April 2009.

 

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)