NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 15 October 2009 COMMENCING AT 5.30 PM

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Brian Finlayson

Cr Janet Court

Cr Mike Moran OAM

Cr Paula Flack

Cr Anne Smyth

Cr Elaine South

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Bruce Redman (Director Engineering Services)

Coral Hutchinson (Acting Director Environment & Planning)

Lorraine Hemsworth (Minute Secretary)

 

 

APOLOGY

 

Cr M Ballangarry OAM

 

 

 

DISCLOSURE OF INTEREST

 

Councillor J Court declared a Non-Pecuniary – Less Significant Conflict interest in Item 9.7 of the Ordinary Council Meeting Report on Strategic Companion Animals Management Plan (SCAMP) under the Local Government Act, as Cr Court has placed a submission and is the owner of a dog.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 1 October 2009

1641/09 RESOLVED:       (Flack/South)

 

That the minutes of the Ordinary Council Meeting of 1 October 2009 be confirmed with the following amendments:

 

·               P 12           Item 9.28       Wording to read as "Adopt recommend changes"

·               P15            Item 10.4       Cr Moran requested that his vote be recorded "Against the Motion".

 

 

 

 


NOTICE OF MOTION - CR Ballangarry OAM - LATE

ITEM L.1      SF1269              151009      Leave of Absence - 3-6 November 2009 - Crs Ballangarry OAM, Flack and Smyth

1642/09 RESOLVED:       (Smyth/Flack)

 

That Councillors Martin Ballangarry OAM, Paula Flack and Anne Smyth be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 3-6 November 2009, noting that the Councillors will be absent for the Ordinary Council Meeting of 5 November 2009.

 

 


   


General Manager Report

ITEM 8.1      SF959                151009      Outstanding Actions and Reports

1643/09 RESOLVED:       (Court/Smyth)

 

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

 

 

 


ITEM 8.2      SF112                151009      2009-2010 Christmas Holidays Closure for Nambucca Shire Council

1644/09 RESOLVED:       (Ainsworth/Finlayson)

 

1        That Council close the Administration Centre for the period Tuesday 29 December 2009 to Thursday 31 December 2009, noting that emergency services will be on call in regard to water, sewer, rural fire service, dog control etc.

 

2        That Council conduct only one Ordinary Meeting of Council in January, being Thursday 21 January 2010 as well as the General Purpose Committee Meeting on Wednesday 20 January 2010.

 

NoteCr Moran requested that his vote be recorded as against this resolution.

 

 

 


ITEM 8.3      SF362                151009      Legal Advice on the Transfer of Pioneer Community Centre to Bowraville Community Development Association

1645/09 RESOLVED:       (Flack/Finlayson)

 

That Council note the legal advice received from Fishburn Watson O’Brien with respect to the ability of Council to transfer Title to the Pioneer Community Centre to the Bowraville Community Development Association Inc for a token fee and wait completion of the tendering process before deciding which course of action to take in terms of selling or transferring.

 

 

 



ITEM 8.4      SF1121              151009      Financial Reports 30 June 2009 - Statement under Sect. 413

1646/09 RESOLVED:       (Hoban/Smyth)

 

1        That the Mayor, one other Councillor, the General Manager and Responsible Accounting Officer be authorised to sign the Statement on the General Purpose Financial Reports by Councillors and Management made pursuant to Section 413(2)(C) of the Local Government Act.

 

2               That the Mayor, one other Councillor, the General Manager and Responsible Accounting Officer be authorised to sign the Statement on the Special Purpose Financial Reports by Councillors and Management made pursuant to the Local Government Code of Accounting Practice and Financial Reporting.

 

1647/09 Resolved:       (Ainsworth/Finlayson)

 

That the Deputy Mayor be authorised to sign the Statement on the Special Purpose Financial Reports pursuant to the Local Government Code of Accounting Practice and Financial Reporting.

 

 

 


Director Environment and Planning Report

ITEM 9.1      SF1261              151009      DAs and CDCs Received and Determined under Delegated Authority 21 September-2 October 2009

1648/09 RESOLVED:       (Ainsworth/Finlayson)

 

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

 

 

 


ITEM 9.2      SF1261              151009      DEP Applications and Statistical Reports July 2009-June 2010, 2002-2009 and Certificates Received 2004-2009

1649/09 RESOLVED:       (Moran/Finlayson)

 

1          That Council note development application statistics and processing times for July 2009-June 2010 compared with July 2008-June 2009.

 

2          That Council note development application statistics and processing times for the years 2002 to 2009.

 

3          That Council note the statistical breakdown of development applications thus far for the financial year 1 July 2009-30 June 2010.

 

4          That Council note the statistical information for Certificates received by Council for 2004-2009.

 

 

 


ITEM 9.3      SF1261              151009      Outstanding DAs greater than 12 months, applications where submissions received not determined, 2 October 2009

1650/09 RESOLVED:       (Moran/Finlayson)

 

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 9.4      SF1148              151009      Contract Regulatory Officer's Report - September 2009

1651/09 RESOLVED:       (Moran/South)

 

That the report from the Contract Regulatory Officer for September 2009 be received and noted by Council.

 

 

 


ITEM 9.5      SF283                151009      Report on Access Committee meetings held 25 August and 22 September 2009

1652/09 RESOLVED:       (Smyth/Finlayson)

 

1        That the minutes of the Access Committee meetings held on 25 August and 22 September 2009 be noted.

 

2        That Council note the work being undertake in the preparation of a Pedestrian Access and Mobility Plan and Street Furniture Audit for the central business areas of Macksville, Nambucca Heads and Bowraville.

 

 

 


ITEM 9.6      SF532                151009      Report on Guidelines for Sediment and Erosion Control

1653/09 RESOLVED:       (Flack/Finlayson)

 

That the draft Guidelines for Sediment and Erosion Control Development Control Plan (DCP) be adopted and implemented as a Development Control Plan (DCP) and advertised accordingly with the following amendments:

 

·                4.1.2     For the major proposals that are staged over an extended time, an ESCP should be prepared and lodged prior to each stage;

 

·                5.9 g    Sweep the road impacted by the development every day and dispose of waste material on site.  Washing of roads, driveways and footpaths is forbidden.

 

 

 


ITEM 9.7      SF226                151009      Report on Strategic Companion Animals Management Plan (SCAMP)

1654/09 RESOLVED:       (Smyth/Court)

 

1          The revised Strategic Companion Animal Management Plan be adopted.

 

2          That Council formally consult with the Island Golf Club, the Nambucca Heads Local Aboriginal Land Council and the Department of Lands with a view to establishing a second off leash area at Nambucca Heads on Stuart Island.

 

3          That Council install a second faeces collection bin at the Scotts Head Day Reserve area and provide an additional $2,500 to cover costs to set up these areas (Stuart Island plus Scotts Head Day Reserve).

 

4          Council’s Companion Animals & Community Brochure for Cats and Dogs be amended to reflect the changes included in Schedule 1 of the SCAMP document.

 

5          Council’s website be upgraded to reflect the new brochure, new signage for the on and off leash areas within the Shire.

 

6          Council trial a program to rehouse one (1) animal from the Animal Shelter (Pound) per month, with animals to be sold for cost of microchipping, registration and any vet costs associated with each animal. Sale of each animal to be promoted on Council’s website and local media, provided no costs are incurred.

 

7          Access to the off leash area on Forsters (Main) Beach Scotts Head, faeces bin and signage be relocated to track off the end of West Street to the beach.

 

Director Engineering Services Report

ITEM 10.1    SF1145              151009      Off River Storage Project - Public Exhibition of Environmental Impact Statement

Motion:      (Finlayson/South)

 

1        That Council endorse the draft Environmental Impact Statement for public exhibition for a period of 8 weeks to run from 20 October to 15 December 2009.

 

2        That the deadline for receipt of submissions be set at 15 January 2010.

 

3               That all submissions received as a result of the Environmental Impact Statement exhibition be recorded and forwarded to GHD for comment and assessment for inclusion in the final report as deemed appropriate.

 

Amendment:       (Ainsworth/Court)

 

1        That Council place the draft Environmental Impact Statement for public exhibition for a period of 8 weeks to run from 20 October to 15 December 2009.

 

2        That the deadline for receipt of submissions be set at 15 January 2010.

 

3        That all submissions received as a result of the Environmental Impact Statement exhibition be recorded and forwarded to GHD for comment and assessment for inclusion in the final report as deemed appropriate.

 

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

 

1655/09  Resolved:      (Ainsworth/Court)

 

1        That Council place the draft Environmental Impact Statement for public exhibition for a period of 8 weeks to run from 20 October to 15 December 2009.

 

2        That the deadline for receipt of submissions be set at 15 January 2010.

 

3        That all submissions received as a result of the Environmental Impact Statement exhibition be recorded and forwarded to GHD for comment and assessment for inclusion in the final report as deemed appropriate.

 

NoteCr Flack requested that her vote be recorded as against this resolution as she has not seen the draft Environmental Impact Statement.

 

ITEM 10.2    SF1208              151009      Bridge Names - Lovedays Bridge

1656/09 RESOLVED:       (Moran/Ainsworth)

 

That Council retain the name of “Lovedays Bridge” on Congarinni Road South as listed in Council’s Asset Register.

 

 


  

General Manager Report - LATE

 

ITEM 8.5      SF394                151009      Report on Investments to 30 September 2009

 Motion:     (Finlayson/Court)

 

That the Accountants’ Report on Investments placed to 30 September 2009 be noted.

 

Amendment:       (Moran/Hoban)

 

That the Accountants’ Report on Investments placed to 30 September 2009 be deferred until next meeting.

 

The amendment was carried and became the Motion which was:

 

1657/09  Resolved:      (Moran/Hoban)

 

That the Accountants’ Late Report on Investments placed to 30 September 2009 be deferred until next meeting and that any further late reports be tabled at the meeting then presented again to the next meeting.

 

 

 


General Purpose Committee REPORT

 

ITEM 11.0    SF71           Rates Workshop Presentation (Item in the General Purpose Committee)

 

1658/09  RESOLVED:      (Hoban/Flack)

 

That Council note the Rates Workshop presentation and the Rates Officer, Ms Jenita Hunt be thanked for her work in preparing the presentation.

 

 

1659/09  Resolved:      (Moran/Court)

 

That Council look at Mobile Home Parks and Holiday Parks with permanent residents to try and even out their contribution to rate revenue.

 

 


 




ITEM 11.1         DA2009/086   151009      Report on DA2009/086 - 2 Lot Rural Subdivision, 883 Lower Buckrabendinni Road, Bowraville (Item 8.1 in the General Purpose Committee)

1660/09 RESOLVED:       (Flack/Smyth)

 

That Council determine DA 2009/086 for a two lot rural subdivision by refusing the application, for the following reasons:

 

a          Pursuant to Section 79C(1)(a)(i) of the EP&A Act, and Clause 11 b(i) & (ii) of Nambucca Local Environmental Plan 1995, the development proposal is not consistent with the objectives of the zone by virtue of its environmental impacts and potential to create unreasonable and uneconomic demands for provision of services. 

 

b          Pursuant to Section 79C(1) (a) (iii) of the EP&A Act the development proposal and in particular the proposed location of the building envelope on Lot 21 does not comply with DCP (4) Subdivision by virtue of its potential to present a bushfire risk and be adversely affected by dust nuisance.

 

c          Pursuant to Section 79C(1) (b) of the EP&A Act the proposed development and in particular the requirement for clearing on steep slopes to support asset protection zone and on-going road maintenance, will have adverse environmental and economic impacts.

 

d          Pursuant to Section 79C(1) (c) of the EP&A Act the physical constraints on the land are not suitable for the development as proposed.

 

e          Pursuant to Section 79C(1) (e) of the EP&A Act the financial impost on general ratepayers is not justified by the creation of one additional lot and refusal of the application satisfies the public interest based on financial sustainability concerns.

 

FOR the Motion:     Councillors Hoban, Court, Flack, Smyth, Finlayson, South, Ainsworth (Total 7)

AGAINST the Motion:     Councillors Moran (Total 1)

 

 

 


ITEM 11.2         SF1031          151009      Report on Control of Burning Policy (Item 8.2 in the General Purpose Committee)

1661/09 RESOLVED:       (Flack/Court)

 

That the Control of Burning Policy be adopted until revised legislation is released by the Department of Environment, Climate Change and Water in 2010 subject to the following changes:

 

That Item 5.3.1 be amended to provide as follows:

 

a        Burning of domestic waste is prohibited throughout the Shire however the Protection of Environment Operations Act allows for the burning of domestic waste where there is no domestic waste service.

 

b        Council discourages the burning of domestic waste in all circumstances.

 

In Section 5.3.2 that the words, “where a domestic garbage service is not provided” be deleted from the third paragraph.

 

That a disclaimer be inserted in Section 5.6 indicating that it is the responsibility of the permit holder to confirm that their permit is valid prior to the lighting of any fire.


 

ITEM 11.3         SF382            151009      Scotts Head Master Plan - Presentation by Department of Lands and Integrated Site Design (ISD) (Item 9.1 in the General Purpose Committee)

1662/09 RESOLVED:       (Moran/Flack)

 

That Council note the presentation by Mr Derek Sinclair from Integrated Site Design of the draft business plan for the Scotts Head Master Plan.

 

Motion:      (Moran/Flack)

 

That the status quo remain until Councillors have had an opportunity to review the financial details presented to the meeting by Mr Sinclair of Integrated Site Design.

 

Amendment:       (Flack/Finlayson)

 

That the status quo remain until Councillors have had an opportunity to review the financial details presented to the meeting by Mr Sinclair of Integrated Site Design including the financial details of alternate modelling requested by Cr Flack (Option B).

 

The Amendment was lost.

 

Amendment:       (Court/Finlayson)

 

That Council support in principle the model put forward by Integrated Site Design but need to review the financial details of alternate modelling Option B before proceeding with further detailed discussions.

 

The Amendment was carried and became the Motion which was:

 

1663/09 Resolved:       (Court/Finlayson)

 

That Council support in principle the model put forward by Integrated Site Design but review the financial details of alternate modelling Option B before proceeding with further detailed discussions.

 

NoteCouncillors Flack, Smyth and Moran requested that their votes be recorded against the resolution as they have not seen all the financial details.

 

 

 


ITEM 11.4         PRF15           151009      Coronation Park - Construction of Amenities (Item 9.2 in the General Purpose Committee)

1664/09 RESOLVED:       (Smyth/South)

 

That Council note the inspection of the new amenity buildings on Coronation Park, Nambucca Heads.

 

 


 


ITEM 11.5         SF1047          151009      Bitumen Sealing in Front of Homes (Item 9.3 in the General Purpose Committee)

1665/09 RESOLVED:       (Flack/Court)

 

That Council not provide funding in the 2009/2010 budget for the “Bitumen Sealing in Front of House” program.

 

1666/09 Resolved:       (Court/Finlayson)

 

That Council permit short sections of bitumen sealing for dust suppression if the landowner meets 100% of the cost.

 

1667/09 Resolved:       (Court/Flack)

 

That Council consider funding in the 2010/2011 Budget for the maintenance of sections of dust suppression/bitumen sealing in front of houses.

 

 

 

 


ITEM 11.6         SF1075          151009      Climate Change - Achievement of Milestone 1 (Item 9.4 in the General Purpose Committee)

1668/09 RESOLVED:       (Flack/Smyth)

 

1        That Council note the achievement of Climate Change Protection (CCP) Milestone 1.

 

2        That Council note the impact of 5% and 10% reduction targets.

 

3               That Council progress to Climate Change Protection (CCP) Milestone 2 with a target of a 5% reduction in greenhouse gas emissions by 2016.

 

NoteCr Moran requested that his vote be recorded as against this resolution.

 

1669/09  Resolved:      (Court/Hoban)

 

That Council review the staffing requirements for updating data in twelve months time and that there be a comparison between the savings made and the additional administrative costs at that time.

 

 


    

 

ASKING OF QUESTIONS WITHOUT NOTICE

 

There were no questions without notice.

 

 


 

 


COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

1670/09 RESOLVED:       (Court/Ainsworth)

 

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:

 

 

 


Director Environment and Planning Report

For Confidential Business Paper in Closed Meeting

ITEM 13.1    25203/2009         151009      Local Adaptation Pathways Program (LAPP) Climate Change Adaptation Project selection of a Service Provided

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 7.18 pm.

 

 

 

 

 


RESUME IN OPEN MEETING

1671/09 RESOLVED:       (Court/South)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 7.27 pm

 

 

Note:  Cr Moran left the meeting time being 7.20 pm

 

 


FROM COUNCIL IN CLOSED MEETING

 

Director Environment and Planning Report

For Confidential Business Paper in Closed Meeting

ITEM 13.1    25203/2009         151009      Local Adaptation Pathways Program (LAPP) Climate Change Adaptation Project selection of a Service Provided

1672/09 RESOLVED:       (Court/Finlayson)

 

1          That Climate Risk Pty Ltd be advised that they are the preferred Consultants to undertake the project ‘Preparing for Climate Change – A regional Approach by Kempsey, Nambucca and Bellingen Shires’.

 

2                     That the other Consultants be advised that they were unsuccessful and they be thanked for their interest in the project.

 

NoteCr Ainsworth requested that his vote be recorded as against this resolution.

 

 


 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.28 pm. 

 

Confirmed and signed by the Mayor on 5 November 2009.

 

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)