NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 03 December 2009

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr Janet Court

Cr Martin Ballangarry OAM

Cr Paula Flack

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)

Monika Schuhmacher (Minute Secretary)

 

 

APOLOGIES

 

Cr John Ainsworth

Cr Martin Ballangarry OAM  (Arrived 5.37pm)

 

 

PRAYER

 

Reverend David Hanger from the Anglican Church, offered a prayer on behalf of the Nambucca Minister's Association.

 

 

Ordinary Council Meeting

 

DISCLOSURE OF INTEREST

 

There were no disclosures of interest.

 

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

19 November 2009

 

1749/09 RESOLVED:       (Moran/Flack)

 

That the minutes of the Ordinary Council Meeting of 19 November 2009 be confirmed subject to the following amendments:

 

  • Page 18 item 11.5  Resolution to read:
  •  

"That Council give consent to a Memorial consisting of a seat with a plaque being placed on a rock in honour of Caleb Jarrett  and Council permit the "LADS" crew to undertake landscaping in accordance with the design.  Further, that the applicant be invited to address Council on the matter if they have any concerns with this arrangement."

 

 

 


NOTICE OF MOTION - CR Moran OAM

 

ITEM 8.1      SF1269              031209      Notice of Motion - Adin Street Oval To Be Named Johnny Wallace Oval

Motion:      (Moran/South)

 

That Nambucca Shire Council name the Adin Street Oval at Scotts Head, the Johnny Wallace Oval.

 

Amendment:       (Finlayson/South)

 

That Council defer this matter.

 

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

 

1750/09 Resolved:       (Finlayson/South)

 

That Council defer the of naming of Adin Street Oval at Scotts Head.

 

 

 

NOTICE OF MOTION - CR Smyth

 

ITEM 8.2      SF1269              031209      Notice of Motion - Request for Leave - Cr Anne Smyth

1751/09 RESOLVED:       (Smyth/Flack)

 

That Cr Anne Smyth be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 22 December 2009 to 12 January 2010 inclusive.

 

  

 

PUBLIC FORUM

 

1752/09 Resolved:       (Flack/Court)

 

That the following public forum addresses be heard:

 

SF62  SWIMMING POOL FEES:

 

i)               Mr Blake Baldwin & Ms Amanda Bell—Bowraville Central School (sharing 5 minutes)

·               Ms Amanda Bell—president P & C association spoke to a prepared paper which is on file.

·               Mr Blake Baldwin—student addressed Council to a prepared paper which is on file.

 

ii)             Ms Mary Lawler—representing Macksville Public School

·               Ms Mary Lawler addressed Council to a prepared paper which is on file.

 

1753/09 Resolved:       (Hoban/Flack)

 

That Council receive a report on options to assist with schools' learn to swim programs only.

 

 

 

 

 

 

 

 

 

 

DELEGATIONS

 

Resolved: (Flack/Court)

 

That the following delegations be heard:

          Item 10.5     Bowraville Pioneer Community Centre

          i)        Ms Juliet Tilson - President Radio 2NVR

          ii)       Mr Ron Hawkins on behalf of Committee Member, Radio 2NVR

 

          Item 12.5     Congarinni North Road Bridge Maintenance

          i)        Ms Denise Delaney—Objector

          ii)       Mr Peter Shea—Objector

 

Ms Juliet Tilson addressed Council making the following points:

 

·    Time to relocate to a Council owned building

·    Keen for assistance from Council

·    Youth at Radio Nambucca – focus on young people

·    Have received offers of community support

·    Relocation needs to be done in timely manner

·    Keen to offer better, more vibrant radio to Valley

·    Have not found an alternative site that is suitable

 

Mr Ron Hawkins, Secretary Radio 2NVR addressed Council making the following points:

 

·    Read letter from 2NVR to Council (c 14 November 2009)

·    30-40% of Tewinga Hall still available to community

·    2NVR has attended the Tewinga Hall Committee’s AGM but no formal consultation has taken place until a decision is made by Council

 

ITEM 10.5    SF362                031209      Bowraville Pioneer Community Centre

Resolved: (Flack/Finlayson)

 

1        That Council accept the tender from the Bowraville Community Development Association Inc. (BCDA) and sell the property for $5.00 with appropriate contractual disclosures being that the buildings are in a dilapidated condition; a Section 149D Certificate under the Local Government Act would not be issued with respect to the building; an acknowledgement by the purchaser that it is aware of the defective condition of the improvements and that it has not relied on any representation by Council as to the fitness for current use, building compliance or state of repair; and enclosing a copy of the proposed Order No. 6 (copy attached to report) under Section 121B of the Environmental Planning and Assessment Act 1979.

 

2        In the event that the Bowraville Community Development Association Inc. (BCDA) declines         to acquire the property, Council list the property for sale with a local real estate agent for     a        price not less than that identified in the previous valuation and provide 4 months notice to         all tenants to vacate the building, with the exception of Aunt Emily’s.

 

3        Radio Nambucca be advised that Council will consider any request they may make for      assistance in relocation to the Tewinga Community Centre.

 

 

 

 


DELEGATIONS continued

 

Ms Denise Delaney addressed Council to a prepared paper which is on file.

 

Mr Peter Shea addressed Council making the following points:

 

·    Continue to support the bridge

·    Figures can be manipulated

·    Compared bridge to “sick person”

·    Not a costly operation to “re-clothe Mr Bridge”

·    Implied Council incompetence

·    Spend allocated budget and proceed with refurbishment

 

The General Manager read out a letter from Mr Howard Langford.  The letter is on file.

 

ITEM 12.5    SF768                031209      Congarinni North Road Bridge Maintenance

Motion:      (Moran/Ballangarry)

 

That Council proceed with Option 3 from resolution

 

Amendment:       (Flack/Smyth)

 

That Council proceed with the planned upgrade of the bridge and accept the tender which is within budget.

 

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

 

1754/09 Resolved:       (Flack/Smyth)

 

That Council proceed with the planned upgrade of the bridge and accept the tender which is within budget.

 

FOR THE MOTION:  Councillors Hoban, Court, Ballangarry, Flack, Smyth, Finlayson, Moran,

                                 South       Total (8)

AGAINST THE MOTION:  Nil     Total (0)

 

 

 

 


ASKING OF QUESTIONS WITH NOTICE

 

There were no Questions with Notice.

 

 

 

 

 

 


General Manager Report

 

ITEM 10.1    SF959                031209      Outstanding Actions and Reports

1755/09 RESOLVED:       (Flack/South)

 

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

 

 

 

 

 

 


 

ITEM 10.2    SF306                031209      Burrapine Public Hall Committee of Management - Annual General Meeting - 1 November 2009

1756/09 RESOLVED:       (Flack/Moran)

 

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

 

 

 

ITEM 10.3    SF337                031209      Taylors Arm Reserve Committee of Management - Annual General Meeting - 14 October 2009

1757/09 RESOLVED:       (Moran/Smyth)

 

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

 

 

 

ITEM 10.4    SF301                031209      Bowraville Pioneer Community Centre Committee of Management - Annual General Meeting - 28 September 2009

1758/09 RESOLVED:       (Flack/Court)

 

That Council endorse the Committee of Management for the Bowraville Pioneer Community Centre and thank the outgoing Committee for their work in the past twelve months.

 

 

 

ITEM 10.5 was dealt with under Delegations.

 

 

 

Director Environment and Planning Report

 

ITEM 11.1    SF1261              031209      Outstanding DAs Greater than 12 months, applications where submissions received not determined to 23 November 2009

1759/09 RESOLVED:       (Flack/Moran)

 

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.

 

1760/09 Resolved:       (Moran/Flack)

 

That Council conduct a Special General Purpose Committee meeting to inspect DA2010/031.

 

 

 

ITEM 11.2    SF1261              031209      DAs and CDCs Received and Determined under Delegated Authority 8-24 November 2009

1761/09 RESOLVED:       (Court/Moran)

 

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

 

 

 

ITEM 11.3    SF1418              031209      Report on Funding applications under the NSW Estuary, Coastal and Floodplain Management Programs

1762/09 RESOLVED:       (Flack/Court)

 

1          That Council note the changed funding process and timetable under the NSW Estuary, Coastal and Floodplain Management grants programs.

 

2          That Council endorse the three Expressions of Interest submitted under the NSW Estuary, Coastal and Floodplain Management grants program for the following:

 

i        Finalisation of the Nambucca Coastal Hazard Management Plan $30,000 ($15,000 grant and $15,000 Environmental Levy)

ii       Continuation of the review of the Nambucca River Flood Study $115,000 ($75,000 grant and $40,000 Environmental Levy)

iii      Continued implementation of actions from the Nambucca River Estuary Management Plan and also the Nambucca River Foreshore Master Plan $100,000 ($50,000 grant and $50,000 Environmental Levy)

 

3          That Council include the above three projects in the 2010 – 2015 Environmental Levy should Council continue the Environmental Levy program.

 

 

 

ITEM 11.4    SF1075              031209      Report on DECCW Draft Flood Risk Management Guide and Draft Coastal Risk Management Guide.

1763/09 RESOLVED:       (Flack/Moran)

 

That Council note that the two Draft Guides – Flood Risk Management and Coastal Risk Management are currently on exhibition until 5.00 pm Friday, 11 December 2009 and that no submission is made by Council.

 

 

 

ITEM 11.5    SF285                031209      Report on Minutes of the Community Services Committee Meeting held 8 September 2009

1764/09 RESOLVED:       (Flack/Finlayson)

 

That the Minutes of the Community Services Committee of 8 September 2009 be noted.

 

 

 

ITEM 11.6    SF283                031209      Report on Minutes of the Access Committee held 24 November 2009

1765/09 RESOLVED:       (Smyth/Moran)

 

That Council note the minutes from the Access Committee meeting of 24 November 2009.

 

 

 

ITEM 11.7    SF276                031209      Report on the Minutes of the ACAC Committee Meeting held 17 November 2009

Resolved: (Flack/Ballangarry)

 

1          That all Committee members be advised that any member may bring forward a matter for inclusion in a meeting agenda at any time

 

1766/09 Resolved:       (Flack/Court)

 

2        That Council considers submissions arising out of the "template" LEP exhibition before consideration of options regarding a tree preservation order.

 

1767/09 Resolved:       (Flack/Ballangarry)

 

3        That the remaining recommendation in regard to membership be endorsed

 

1768/09 Resolved:       (Flack/Ballangarry)

 

4        That the Community Development Officer is to contact Local Aboriginal Land Councils' CEOs prior to agenda finalisation to determine if any eligible items are to be placed on the agenda.

 

 

 

Director Engineering Services Report

 

ITEM 12.1    SF1031              031209      Backflow Prevention Policy

1769/09 RESOLVED:       (Flack/Smyth)

 

That this matter be deferred to enable a further report to be provided to Council on the practical and financial implications of adoption of the policy to ratepayers and Council.

 

 

 

ITEM 12.2    PRF44                031209      Donnelly Welsh Playing Fields - Review of the Plan of Management

Motion:      (Moran/Court)

 

That Council place on public exhibition the revised Plan of Management of the Donnelly Welsh Playing Fields from 10 December 2009 for 28 Days with a further 14 days allowed for submissions to be received.

 

Amendment:       (Flack/Court)

 

That Council place on exhibition the revised Plan of Management of the Donnelly Welsh Playing Fields from 10 December 2009 for 28 days with a further 14 days allowed for submissions to be received with the amendment:

          "A lease, licence or other estate in respect of this community land may be granted through this authorisation for the purpose of:

 

          a)       The provision of goods, services and facilities and the carrying out of activities, appropriate to        the current and future needs within the local community and of the wider public in relation to     any of the following:

          i)        Public recreation

                   ii)       The physical, cultural, social and intellectual welfare or development of persons for the

                                      purpose of a men's shed or similar activity."

 

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

 

1770/09 Resolved:       (Flack/Court)

 

That Council place on exhibition the revised Plan of Management of the Donnelly Welsh Playing Fields from 10 December 2009 for 28 days with a further 14 days allowed for submissions to be received with the amendment:

 

          "A lease, licence or other estate in respect of this community land may be granted through this authorisation for the purpose of:

 

          a)       The provision of goods, services and facilities and the carrying out of activities,           appropriate to the current and future needs within the local community and of the       wider public in relation to any of the following:

 

                    i)        Public recreation

                    ii)       The physical, cultural, social and intellectual welfare or development of

                             persons for the purpose of a men's shed or similar activity."

 

 

 

ITEM 12.3    SF878                031209      Mid North Weight of Loads Group

1771/09 RESOLVED:       (Court/Flack)

 

1        That Council note the minutes of the Mid North Weight of Loads Group on 2 November 2009.

 

2        That Council agree to host the 1 March 2010 Mid North Weight of Loads Group by providing the venue and assisting in arrangements.

 

 

 

 

ITEM 12.4    SF992                031209      Report on Nambucca Emergency Operations Centre Committee Minutes - 4 November 2009

1772/09 RESOLVED:       (Court/Moran)

 

That Council adopt the minutes of the Nambucca Emergency Operations Centre Committee meeting held on 4 November 2009.

 

 

 

ITEM 12.5 was dealt with under Delegation.

 

     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

1773/09 RESOLVED:       (Court/South)

 

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 Engineering Services Report - LATE

For Confidential Business Paper in Closed Meeting

 

ITEM 13 .1   SF1450              031209      Evaluation Report - Supply of Contestable Electricity & Street Lighting Tender T10910NAM

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.

 

line

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.25 pm.

 

 

 

 


RESUME IN OPEN MEETING

 

1774/09 RESOLVED:       (Flack/Smyth)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 7.40 pm.

 

 

 

 

 


FROM COUNCIL IN CLOSED MEETING

 

Director Engineering Services Report - LATE

For Confidential Business Paper in Closed Meeting

 

ITEM 13 .1   SF1450              031209      Evaluation Report - Supply of Contestable Electricity & Street Lighting Tender T10910NAM

1775/09 RESOLVED:       (Court/Ballangarry)

 

1        Category 1 – Contestable Sites metered

That AGL be awarded this category as the single source supplier to Nambucca Shire Council for the period 1 July 2010 to 31 December 2012.

 

2        Category 2 – Street Lighting

That TRUenergy be awarded this category as the single source supplier to Nambucca Shire Council for the period 1 June 2011 to 31 December 2012, and

 

3        That a Meter Reading Agreement be entered into with Testing and Certification Australia (TCA) for a period of five (5) years from 1 July 2010 to 30 June 2015.

 

FOR THE MOTION:  Councillors Court, Ballangarry, Flack, Smyth, Finlayson, South and Hoban

                                 Total (7)

AGAINST THE MOTION:   Councillor Moran   Total (1)

 

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.41 pm. 

 

Confirmed and signed by the Mayor on 17 December 2009.

 

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)