NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 01 October 2009

 

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 Anne Smyth

Cr Elaine South

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Bruce Redman (Director Engineering Services)

Coral Hutchinson (Acting Director Environment & Planning)

Monika Schuhmacher (Minute Secretary)

 

Ordinary Council Meeting

 

SUBJECT:   DISCLOSURE OF INTEREST

 

There were no disclosures of interest.

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 17 September 2009

1584/09/09 RESOLVED:   (Flack/Moran)

 

That the minutes of the Ordinary Council Meeting of 17 September 2009 be confirmed.

 

NOTICE OF MOTION - CR Moran OAM

ITEM 5.1      SF1269              011009      Notice of Motion - Payment for Community Land by Macksville Athletic Club and Annual Donation

1585/09 RESOLVED:       (Moran/Ainsworth)

 

That, in future, the rent for the Macksville Park oval go to the Committee of Management .

 

 


NOTICE OF MOTION - CR Smyth

ITEM 5.2      SF1269              011009      Notice of Motion - Clarence Regional Library Committee - Minutes and Recommendations

1586/09 RESOLVED:       (Smyth/Moran)

 

1        That Council support in principle the Minutes and Recommendations of the Clarence Regional Library Committee of Management.

 

2        That Council note that any future allocations of budgetary resources for implementation of items listed in the combined Strategic Plan-Action Plan would be a decision for each member Council, taking into consideration budgetary circumstances at the time.

 

3        That Council note that each decision being dealt with would be in conjunction with Council’s Management Plan and budgetary considerations.

 

4        That Council note that some actions will only proceed if grant funding is available.

 

5        That Council note that many of the actions will be dealt within existing resources and will depend on the outcome of the review of the Library Services Model.

 

NOTICE OF MOTION - CR Flack

ITEM 5.3      SF1269              011009      Notice of Motion - Review of Nambucca Shire Council Website - Water Management

1587/09 RESOLVED:       (Flack/Smyth)

 

That additional information relating to sustainable water management be included on the website including a brief general overview of the importance of water conservation and reuse, especially in dry times, water saving actions and initiatives, links to appropriate information sites, all Water Restriction Levels and details of Council’s tank rebate scheme.

 

 


NOTICE OF MOTION - CR Flack

ITEM 5.4      SF1269              011009      Notice of Motion - Water Restriction Levels

1588/09 RESOLVED:       (Flack/Court)

 

That Council review the six water restriction Levels in terms of what water usage is allowed for each category at each Level and update its information pamphlets accordingly.

 

 


NOTICE OF MOTION - CR Flack

ITEM 5.5      SF1269              011009      Notice of Motion - Water Conservation and Reuse - Media Release

1589/09 RESOLVED:       (Flack/Moran)

 

That the General Manager and or the Mayor issue a media release regarding the importance of water conservation and reuse during the spring summer dry time. 

 

 


NOTICE OF MOTION - CR Flack

ITEM 5.6      SF1269              011009      Notice of Motion - Rainwater Tank Rebate Scheme

1590/09 RESOLVED:       (Flack/Ballangarry)

 

That Council reviews its rainwater tank rebate scheme as soon as possible to encourage greater uptake of the initiative and that the rebate scheme is promoted to the community.

 

 



NOTICE OF MOTION - CR Flack

ITEM 5.7      SF1269              011009      Notice of Motion - Natural Resources Officer - Funding Opportunities for Part-Time Position

Motion:      (Flack/Court)

 

That Council investigate opportunities for funding for a part time Natural Resource Officer and for a strategic alliance with Bellingen Shire Council to share such a position.

 

Amendment:       (Hoban/Ainsworth)

 

That Council investigate opportunities for funding for a part time Natural Resource Officer and for a strategic alliance with Bellingen Shire Council to share such a position, on the understanding that such a position will only be considered if it is at no cost to Council and that a report be prepared on the roles and responsibilities of the position.

 

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

 

1591/09 Resolved:       (Hoban/Ainsworth)

 

That Council investigate opportunities for funding for a part time Natural Resource Officer and for a strategic alliance with Bellingen Shire Council to share such a position, on the understanding that such a position will only be considered if it is at no cost to Council and that a report be prepared on the roles and responsibilities of the position.

 

 


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      SF830                011009      Election of Deputy Mayor

1592/09 RESOLVED:       (Ainsworth/Finlayson)

 

1        That the election of a Deputy Mayor proceed by ordinary (secret) ballot if a ballot is required.

 

2        That nominations be invited and received by the General Manager as returning Officer for the election of Deputy Mayor.

 

3        That the election of Deputy Mayor proceed.

 

4        That following the election, the General Manager declare Cr Janet Court elected as Deputy Mayor for the term of office expiring October 2010.

 

 


 


ITEM 9.2      SF830                011009      Aboriginal Community Advisory Committee

Motion:      (Moran/Ballangarry)

 

1        That Councillor Ballangarry OAM, Councillor South with Councillor Flack as alternate delegate plus the Aboriginal Community Development Officer and General Manager be appointed to the Aboriginal Community Advisory Committee and that it meet quarterly as follows:

                   1st quarter – with Nambucca Heads LALC

                   2nd quarter – with Unkya LALC

                   3rd quarter – with Muurrbay Aboriginal Language and Culture Co-operative

                   4th quarter – with Bowraville LALC.

 

2        That an annual social function involving Councillors and all Aboriginal Elders be conducted.

 

3        The revised arrangements for the Aboriginal Community Advisory Committee be reviewed in 12 months time.

 

4        That the existing members of the Aboriginal Community Advisory Committee be advised of the reasons for Council’s action and they be thanked for their input and work over the past years.

 

Amendment:       (Flack/Ballangarry)

 

1        That Councillor Ballangarry OAM, Councillor Flack with Councillor South as alternate delegate plus the Aboriginal Community Development Officer and General Manager be appointed to the Aboriginal Community Advisory Committee and that it meet quarterly as follows:

                   1st quarter – with Nambucca Heads LALC

                   2nd quarter – with Unkya LALC

                   3rd quarter – with Muurrbay Aboriginal Language and Culture Co-operative

                   4th quarter – with Bowraville LALC.

 

2        That an annual social function involving Councillors and all Aboriginal Elders be conducted.

 

3        The revised arrangements for the Aboriginal Community Advisory Committee be reviewed in 12 months time.

 

4        That the existing members of the Aboriginal Community Advisory Committee be advised of the reasons for Council’s action and they be thanked for their input and work over the past years.

 

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

 

MOTION:      (Flack/Ballangarry)

 

1        That Councillor Ballangarry OAM, Councillor Flack with Councillor South as alternate delegate plus the Aboriginal Community Development Officer and General Manager be appointed to the Aboriginal Community Advisory Committee and that it meet quarterly as follows:

                   1st quarter – with Nambucca Heads LALC

                   2nd quarter – with Unkya LALC

                   3rd quarter – with Muurrbay Aboriginal Language and Culture Co-operative

                   4th quarter – with Bowraville LALC.

 

2        That an annual social function involving Councillors and all Aboriginal Elders be conducted.

 

3        The revised arrangements for the Aboriginal Community Advisory Committee be reviewed in 12 months time.

 

4        That the existing members of the Aboriginal Community Advisory Committee be advised of the reasons for Council’s action and they be thanked for their input and work over the past years.

 

 

Amendment:       (Flack/Ballangarry)

 

1        That Councillor Ballangarry OAM, Councillor Flack with Councillor South as alternate delegate plus the Aboriginal Community Development Officer and General Manager be appointed to the Aboriginal Community Advisory Committee and that it meet quarterly as follows:

                   1st quarter – with Nambucca Heads LALC

                   2nd quarter – with Unkya LALC

                   3rd quarter – with Muurrbay Aboriginal Language and Culture Co-operative

                   4th quarter – with Bowraville LALC.

 

2        That an annual social function involving Councillors and all Aboriginal Elders be conducted.

 

3        That the proposal for the changing of meeting venue and process be put to an initial meeting of the Aboriginal Community Advisory Committee.

 

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

 

1593/09 Resolved:       (Flack/Ballangarry)

 

1        That Councillor Ballangarry OAM, Councillor Flack with Councillor South as alternate delegate plus the Aboriginal Community Development Officer and General Manager be appointed to the Aboriginal Community Advisory Committee and that it meet quarterly as follows:

                   1st quarter – with Nambucca Heads LALC

                   2nd quarter – with Unkya LALC

                   3rd quarter – with Muurrbay Aboriginal Language and Culture Co-operative

                   4th quarter – with Bowraville LALC.

 

2        That an annual social function involving Councillors and all Aboriginal Elders be conducted.

 

3        That the proposal for the changing of meeting venue and process be put to an initial meeting of the Aboriginal Community Advisory Committee.

 

 

 


ITEM 9.3      SF842                011009      Access Committee

1594/09 RESOLVED:       (Court/Ainsworth)

 

That Councillor South and Councillor Smyth be appointed to the Access Committee.

 

 

 


ITEM 9.4      SF842                011009      Arts Mid North Coast

1595/09 RESOLVED:       (Flack/Smyth)

 

That Councillor Ballangarry OAM be appointed as Council's representative on the Arts Mid North Coast Board.

 

 


 


ITEM 9.5      SF842                011009      Clarence Regional Library Committee

Motion:      (Court/Ainsworth)

 

1        That one Councillor be appointed to the Clarence Regional Library Committee.

 

2        That the Manager Community and Cultural Services be appointed as Council’s second representative on the Clarence Regional Library Committee.

 

Amendment:       (Moran/Finlayson)

 

That Cr Moran and Cr Smyth be appointed to the Clarence Regional Library Committee.

 

The amendment was LOST.

 

Amendment:       (Smyth/Flack)

 

That Cr Moran and Cr Smyth be appointed to the Clarence Regional Library Committee with the Manager Community and Cultural Services be appointed as Council’s advisory representative.

 

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

 

1596/09 Resolved:       (Smyth/Flack)

 

That Cr Moran and Cr Smyth be appointed to the Clarence Regional Library Committee with the Manager Community and Cultural Services be appointed as Council’s advisory representative.

 

 

 


ITEM 9.6      SF842                011009      Community Services Committee

Motion:      (Flack/Smyth)

 

That the Community Services Committee continues with Councillor Flack as Council's representative

 

Amendment:       (Finlayson/Ainsworth)

 

That the Community Services Committee continues with Councillor Flack and Councillor South as Council's representatives.

 

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

 

1597/09 Resolved:       (Finlayson/Ainsworth)

 

That the Community Services Committee continues with Councillor Flack and Councillor South as Council's representatives.

 

 

 


 


ITEM 9.7      SF842                011009      Development Applications Notifications Committee

Motion:      (Moran/Ainsworth)

 

That the Development Applications Notifications Committee be discontinued.

 

Amendment:       (Flack/Smyth)

 

That Council need not discontinue the Development Applications Notification Committee because it does not exist as it was discontinued in 2008.

 

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

 

1598/09 Resolved:       (Flack/Smyth)

 

That Council need not discontinue the Development Applications Notification Committee because it does not exist as it was discontinued in 2008.

 

 

 


ITEM 9.8      SF842                011009      Finance Committee

1599/09 RESOLVED:       (Court/Moran)

 

That the Finance Committee be discontinued.

 

 

 


ITEM 9.9      SF842                011009      General Manager's Performance Review Committee

1600/09 RESOLVED:       (Ainsworth/Court)

 

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

 

2        The Performance Review Committee obtain feedback from Councillors not on the    Committee in the week prior to a performance review session.

 

3        The General Manager’s Performance Review Committee report back to Council any          decisions about performance, any actions that should be taken and the determination of the    new performance agreement.

 

 

 


ITEM 9.10    SF842                011009      General Purpose Committee

1601/09 RESOLVED:       (Flack/Court)

 

That all Councillors be appointed to the General Purpose Committee.

 

 

 


ITEM 9.11    SF791                011009      Land Development Committee

Motion:      (Court/Flack)

 

1        That all Councillors be appointed to the Land Development Committee.

 

2        That the Land Development Committee meet at least quarterly.

 

Amendment:       (Moran/Ainsworth)

 

1        That all Councillors, with the exception of Councillor Moran, be appointed to the Land Development Committee.

 

2        That the Land Development Committee meet at least quarterly.

 

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

 

1602/09 Resolved:       (Moran/Ainsworth)

 

1        That all Councillors, with the exception of Councillor Moran, be appointed to the Land Development Committee.

 

2        That the Land Development Committee meet at least quarterly.

 

 

 


ITEM 9.12    SF842                011009      Macksville Recreation Centre (Stadium) Committee

1603/09 RESOLVED:       (Flack/Smyth)

 

That Council advise the Macksville Recreation Centre (Stadium) Committee that it no longer believes representation by Councillors is required and wishes the Committee well in its endeavours.

 

 

 


ITEM 9.13    SF21                  011009      Macksville Saleyards Advisory Committee

1604/09 RESOLVED:       (Court/Moran)

 

That the Mayor, Council’s Property Officer and Mr Michael Jones be appointed to the Macksville Saleyards Advisory Committee.

 

 

 


ITEM 9.14    SF842                011009      Nambucca Bushfire Management Committee

1605/09 RESOLVED:       (Court/South)

 

That Councillor Ainsworth plus the Mayor ex officio be appointed to the Nambucca Bush Fire Management Committee.

 

 

 


ITEM 9.15    SF992                011009      Nambucca Emergency Operations Centre
Committee of Management

1606/09 RESOLVED:       (Smyth/South)

 

That Councillors Ainsworth, Moran OAM and Director Engineering Services Mr Bruce Redman be appointed to the Nambucca Emergency Operations Centre Committee of Management.

 

 

 


ITEM 9.16    SF842                011009      Nambucca Entertainment Centre

1607/09 RESOLVED:       (Court/Ainsworth)

 

That Councillor Smyth and Ballangarry OAM be appointed as Council’s delegates to the Nambucca Entertainment Centre Committee of Management.

 

 


ITEM 9.17    SF842                011009      Nambucca Heads High School Gymnasium Committee

1608/09 RESOLVED:       (Court/Smyth)

 

1        That an enquiry be made with Nambucca Heads High School to ascertain whether the Gymnasium Committee is still functioning and whether Council’s involvement is still required.

 

2        Pending an answer to recommendation 1, that no Councillors be appointed to the    Committee.

 

 


ITEM 9.18    SF842                011009      Nambucca River Estuary and Coastline Management Committee

1609/09 RESOLVED:       (Moran/Court)

 

1          That all interested Councillors in addition to the Mayor as Chairperson, be appointed to the Nambucca River Estuary and Coastline Management Committee.

 

2          The membership of the Committee be as per the table in the report which is the current membership.

 

3          The Committee’s terms of reference be restricted to the finalisation of the Nambucca River Master Plan and the Committee be discontinued following finalisation of the Master Plan.

 

 


ITEM 9.19    SF842                011009      Nambucca Shire Traffic Committee

1610/09 RESOLVED:       (Ainsworth/Moran)

 

That Council note the membership and operation of the Nambucca Shire Traffic Committee.

 

 

 

 


ITEM 9.20    SF962                011009      NSW North Coast Weed Advisory Committee

Motion:      (Moran/Finlayson)

 

That Councillor Ainsworth and Council’s Noxious Weeds Inspector be appointed to the NSW North Coast Weed Advisory Committee.

 

Amendment:       (Ainsworth/Hoban)

 

That Councillor Ainsworth and Council’s Noxious Weeds Inspector be appointed to the NSW North Coast Weed Advisory Committee with Councillor Court as alternate delegate.

 

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

 

1611/09 Resolved:       (Ainsworth/Hoban)

 

That Councillor Ainsworth and Council’s Noxious Weeds Inspector be appointed to the NSW North Coast Weed Advisory Committee with Councillor Court as alternate delegate.

 

 

 


ITEM 9.21    SF842                011009      Plant Committee

1612/09 RESOLVED:       (Moran/Court)

 

That Councillors Ainsworth, Finlayson, Moran OAM and South be appointed to the Plant Committee.

 

 

 


ITEM 9.22    SF842                011009      Vehicular Access to Beaches Committee

1613/09 RESOLVED:       (Moran/Ainsworth)

 

That Councillors Ainsworth, Court, and Moran OAM be appointed to the Vehicular Access to Beaches Committee with the Mayor as ex officio.

 

 

1614/09 Resolved:       (Flack/Finlayson)

 

That Councillor Flack also be appointed to the Vehicular Access Committee.

 

 

 


ITEM 9.23    SF842                011009      Water and Sewerage Projects Steering Committee

1615/09 RESOLVED:       (Moran/South)

 

That all Councillors be appointed to the Water & Sewerage Projects Steering Committee.

 

 

 


ITEM 9.24    SF842                011009      Committees of Management - Facilities and Events

1616/09 RESOLVED:       (Court/Ainsworth)

 

That Council note the roster for the attendance at the Annual General Meeting .

 

 

 


ITEM 9.25    SF355                011009      Tabling of Returns Disclosing Interests of Councillors and Designated Persons

1617/09 RESOLVED:       (Moran/Ainsworth)

 

That the returns disclosing interests of Councillors and designated persons, for the period ended 30 June 2009, be tabled.

 

 

 


ITEM 9.26    SF959                011009      Outstanding Actions and Reports

1618/09 RESOLVED:       (Moran/Flack)

 

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

 

1619/09 Motion:   (Flack/Smyth)

 

That, in regard to Item 43, Council apply for funding through the Public Reserve Management Fund for purpose of purchasing and erecting screens in front of the dead trees. 

 

The motion was LOST

 

1620/09 Resolved:       (Moran/South)

 

That, in regard to Item 15, Council write to the Premier regarding Wia-Ora sand and gravel quarry and the option for calling in bonds to undertake works asking why Council has not received correspondence since June 2009.

 

 

 


ITEM 9.27    SF265                011009      Review of Policy - Payment of Expenses and Provision of Facilities for Councillors

1621/09 RESOLVED:       (Court/Flack)

 

That Council adopt the amended policy: Payment of Expenses and Provision of Facilities for Councillors.

 

 


 


ITEM 9.28    SF1031              011009      Review of Code of Conduct

1622/09        (Flack/Court)RESOLVED

 

That Council adopted the recommended changes to its Code of Conduct.

 

 

 


ITEM 9.29    SF148                011009      Upgrading Casual Hirers Insurance Policy to Regular Hirers Insurance Policy

1623/09 RESOLVED:       (Flack/Smyth)

 

That Council upgrade its casual hirers insurance policy to a regular hirers policy (unlimited use of facilities) at a cost of $2,004.50 plus GST for the remainder of the 2009/2010 financial year.

 

 


NoteThe General Manager left the meeting at 7.00 pm.

 

ITEM 9.30    SF1120              011009      Grant Application Status Report - 22 September 2009

1624/09 RESOLVED:       (Ainsworth/Ballangarry)

 

That the list of grant programs and their status to 22 September 2009 be received.

 

 

 


ITEM 9.31    SF764                011009      Request for Consent to Sub Lease of Shop 1 Riverside Drive, Nambucca Heads being part of Crown Reserve 85113

1625/09 RESOLVED:       (Finlayson/Court)

 

1          That Council in its capacity as Reserve Trust Manager of Reserve 85113 endorse the proposed sublease of 1/866932 and 2/866932 PART, being part of Reserve 85113 for public recreation notified 20 November 1964 and known as Shop 1 (The Boatshed) to Ray Leslie Hawkins and Lorraine Josephine Hawkins for a period of 5 years commencing 28/11/2008 and with an option of a further period of 5 years.

 

2          That Council authorise the General Manger and the Mayor to execute and to affix Council's seal on the sublease of 1/866932 and 2/866932 PART, being part of Reserve 85113 for public recreation notified 20 November 1964 and known as Shop 1 (The Boatshed) to Ray Leslie Hawkins and Lorraine Josephine Hawkins for a period of 5 years commencing 28/11/2008 and with an option of a further period of 5 years.

 

 


 


ITEM 9.32    SF339                011009      Unkya Reserve Committee of Management - Annual General Meeting - 9 August 2009

1626/09 RESOLVED:       (Moran/Flack)

 

That Council endorse the Committee of Management for the Unkya Reserve and thank the outgoing Committee for their work in the past twelve months.

 

 

 


ITEM 9.33    SF309                011009      Bowraville Folk Museum Committee of Management - Annual General Meeting - 18 August 2009

1627/09 RESOLVED:       (Moran/Ainsworth)

 

That Council endorse the Committee of Management for the Bowraville Folk Museum and thank the outgoing Committee for their work in the past twelve months.

 

 

 


ITEM 9.34    SF323                011009      Nambucca Entertainment Centre - Committee of Management - AGM 19 August 2009

1628/09 RESOLVED:       (Moran/Ballangarry)

 

That Council endorse the Committee of Management for the Nambucca Entertainment Centre and thank the outgoing Committee for their work in the past twelve months.

 

 

 


ITEM 9.35    SF344                011009      Warrell Creek Hall - Committee of Management - AGM 2 September 2009

1629/09 RESOLVED:       (Moran/Court)

 

That Council endorse the Committee of Management for the Warrell Creek Hall and thank the outgoing Committee for their work in the past twelve months.

 

 

 


ITEM 9.36    SF313                011009      Eungai District Community Council - Committee of Management - AGM 11 August 2009

1630/09 RESOLVED:       (Moran/Court)

 

That Council endorse the Committee of Management for the Eungai District Community Council and thank the outgoing Committee for their work in the past twelve months.

 

 

 


General Manager Report - LATE

ITEM 9.37    SF1426              011009      LGSA Water Management Conference
9-11 September 2009 - Report

Motion:      (Ainsworth/Finlayson)

 

1        That Council note the report on the LGSA Water Management Conference held in Deniliquin 9 to 11 September 2009.

 

2        That Council call for expressions of interest to conduct a risk Based Water Quality Management Plan.

 

Amendment:       (Flack/Court)

 

That Council receive a report on costs benefits and scope of a risk Based Water Quality Management Plan and then call for expressions of interest.

 

The amendment was LOST.

 

The motion upon being put carried and it was:

 

1631/09 Resolved:       (Ainsworth/Finlayson)

 

1        That Council note the report on the LGSA Water Management Conference held in Deniliquin 9 to 11 September 2009.

 

2        That Council call for expressions of interest to conduct a Risk Based Water Quality Management Plan.

 

 

 


Director Environment and Planning Report

ITEM 10.1    SF1261              011009      Outstanding DAs greater than 12 months, applications where submissions received not determined, 18 September 2009

1632/09 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              011009      DAs and CDCs Received and Determined under Delegated Authority 9-18 September 2009

1633/09 RESOLVED:       (Court/Ballangarry)

 

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

ITEM 10.3    SF251                011009      Development and Construction Industry Information Evening 20 October 2009

1634/09 RESOLVED:       (Moran/Ainsworth)

 

That Council note that an Information evening for the local Development and Construction Industry is to be held on Tuesday, 20 October 2009 at the Macksville & District Ex-Servicemen’s Club commencing at 6.00 pm with a charge of $20.00 per attendee (other than for Council staff and Councillors) to be levied.

 

 


ITEM 10.4    SF97                  011009      Request for Variation to Alcohol Free Zone at Surfeit Cafe, Nambucca Heads

1635/09 RESOLVED:       (Flack/Smyth)

 

That Council note the request to vary the operation of the Alcohol Free Zone at Surfeit Café 47A Bowra Street Nambucca Heads between the hours of 4.30 pm and 9.00 pm daily and advise the café operators to make formal application under Council's new policy on Use of Road Reserves and Public Land for Commercial, Community and Charitable Activities and that Council requires clarification on the early commencement to hours of business.

 

 


ITEM 10.5    SF279                011009      Report on Review of the 2004-2009 Social Plan, Social Strategies for 2009-2014 and towards the new 20-Year Strategic Plan

1636/09 RESOLVED:       (Flack/Court)

 

1          That Council endorse the “Social Plan: 2004-2009 Plan Review, Social Strategies for 2009-2014 and towards the new 20-year Community Strategic Plan” document, and submit it to the Department of Local Government with Council’s 2008-09 annual reports due 30 November 2009.

 

2          That the community be advised of Council’s actions via a notice in the press, noting that the contents of Section 3 – the strategic direction, were publicly exhibited 14 May to 10 June 2009.

 

 


ITEM 10.6    DA2008/269        011009      Deferred Report on DA 2008/269 Deck, Garage & Internal Alterations/Change of use to Residential - 48 High Street, Bowraville

1637/09 RESOLVED:       (Flack/Court)

 

1          That development application 2008/269 for the Change of Use from Commercial to Residential/Commercial and Associated Building Alterations, Deck and Garage, be approved subject to the conditions included in this report.

 

2          That those persons who made submissions to the application be advised of Council's decision.

 

FOR the Motion:             Councillors Hoban, South, Ainsworth, Finlayson, Court, Ballangarry, Flack,

                                       and Smyth  (Total 8)

AGAINST the Motion:    Councillor Moran (Total 1)

 

 


ITEM 10.7    SF239                011009      Report on Inspection Fees & Administrations Charges under Council's Fees & Charges 2009/2010 for Food School Canteens

Motion:      (Flack/South)

 

1          That the charge/inspection fee of $118.00 be established for food surveillance costs associated with inspections of school canteen premises and that this new fee be advertised as required by the Local Government Act.

 

2          That Council determine whether it is prepared to refund school canteen committees who have paid the administration fee following recent inspections.

 

Amendment:       (Finlayson/Court)

 

1          That the charge/inspection fee of $118.00 be established for food surveillance costs associated with inspections of school canteen premises and that this new fee be advertised as required by the Local Government Act.

 

2          That Council refund the money to the school canteen committees who have paid the administration fee following recent inspections.

 

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

 

1638/09 Resolved:       (Finlayson/Court)

 

1          That the charge/inspection fee of $118.00 be established for food surveillance costs associated with inspections of school canteen premises and that this new fee be advertised as required by the Local Government Act.

 

2          That Council refund the money to the school canteen committees who have paid the administration fee following recent inspections.

 

 

 


Director Engineering Services Report

ITEM 11.1    SF843                011009      Nambucca Shire Vehicular Access to Beaches Committee - Minutes of Meeting 18 September 2009

1639/09 RESOLVED:       (Court/Moran)

 

That the minutes of the Nambucca Shire Vehicle Access to Beaches Committee meeting held on 18 September 2009 be noted and adopted.

 

 


     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

Resolved: (Ainsworth/Finlayson)

 

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 above.

 

Reason reports are in Closed Meeting:

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 13.1    24291/2009         011009      Nambucca Heads Sewerage Augmentation - Approval of Recommended Tenderer for Construction Contract

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.

 

 

 


 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.36 pm.

 

 

 

 

 


RESUME IN OPEN MEETING

Resolved: (Flack/South)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 7.42 pm

 

 

 

FROM COUNCIL IN CLOSED MEETING

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 13.1    24291/2009         011009      Nambucca Heads Sewerage Augmentation - Approval of Recommended Tenderer for Construction Contract

1640/09 RESOLVED:       (Ainsworth/Flack)

 

1        That Council accept the Tender received from Monadelphous Engineering Pty Ltd for all documented works required to complete the Nambucca Sewerage Augmentation project.

 

2        That Council delegate authority to the Mayor, General Manager in consultation with the Director Engineering Services and Manager Water and Sewerage to approve variations as derived from the risk register.

 

 


 

 

 

ASKING OF QUESTIONS WITHOUT NOTICE

 

QWN279/09 - Cr. Michael Moran - Macksville Park - Safety Fence (Ref SF1408)

In response to a question from Cr Moran regarding the construction of fences around the amenities building at Macksville Park, the Director Engineering Services advised that there was only sufficient funds to do the grandstand style roofing and that the construction was unlikely to impact on the Macksville Gift.

 

 

 

 


CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.45 pm. 

 

Confirmed and signed by the Mayor on 15 October 2009.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)