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)

Greg Meyers (Director Environment & Planning)

Monika Schuhmacher (Minute Secretary)

 

 

APOLOGY

 

Cr Martin Ballangarry OAM—on approved leave.

 

 

PRAYER

 

Pastor Jon Ventham (C3 Church at Wirimbi) offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

There were no disclosures of interest.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 17 December 2009

1810/10 RESOLVED:       (Moran/Flack)

 

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

 

 

 

 

NOTICE OF MOTION - CR Flack – LATE

 

ITEM 5.1      SF1471              210110      Bowraville Flying Fox Working Group

Motion:      (Flack/Smyth)

 

1        That Council receive a report on the Bowraville Flying Fox Working Group and the plan of action it generated.  The report should include information regarding work undertaken so far, the approximate cost of implementing the plan and funding opportunities available to Council.

 

2        That Council contact the National Parks and Wildlife Service and ask that it provide its policy on flying fox roost sites and also that the Service explains to Council its formal role in regard to flying fox roost sites.

 

3        That Council contact Coffs Harbour City Council and seek information regarding its Flying Fox Management Plan.

 

Amendment:       (Ainsworth/Finlayson)

 

That Council write the Scientific Committee outlining the large numbers causing problems in Shire and requesting that grey headed flying foxes be taken off the endangered species list.

 

 

1811/10 Resolved:       (Moran/Finlayson)

 

That Council suspend the above amendment until a Delegation from Mrs Dianne Glennon is heard.

 

Mrs Glennon addressed Council making the following points:

  • Temporary flying foxes roost been there since 1999
  • There was no Working Group, it was not convened.  The community wanted the Group
  • Council cut down some small camphor laurels
  • John Glennon and Darryl Perks were originally part of Group
  • Believes all camphor laurel trees need to be removed all along the riverbank

 

1812/10 Resolved:       (Ainsworth/Finlayson)

 

That Council write to the Scientific Committee outlining large numbers of flying foxes causing problems in Shire and further, that Council request that Grey Headed flying foxes be taken off the endangered species list.

 

NoteCr Flack requested that her vote be recorded as against this resolution.

 

1813/10 Resolved:       (Flack/Smyth)

 

1        That Council receive a report on the Bowraville Flying Fox Working Group and the plan of action it generated.  The report should include information regarding work undertaken so far, the approximate cost of implementing the plan and funding opportunities available to Council.

 

2        That Council contact the National Parks and Wildlife Service and ask that it provide its policy on flying fox roost sites and also that the Service explains to Council its formal role in regard to flying fox roost sites.

 

3        That Council contact Coffs Harbour City Council and seek information regarding its Flying Fox Management Plan.

 

   

 

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 8.1      SF959                210110      Outstanding Actions and Reports

1814/10 RESOLVED:       (Court/Smyth)

 

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

 

 

 

ITEM 8.2      SF1120              210110      Grant Application Status Report - 31 December 2009

1815/10 RESOLVED:       (Flack/Finlayson)

 

That the list of grant programs and their status to 31 December 2009 be received.

 

 

 

ITEM 8.3      SF42                  210110      Graffiti - NSW Government Strategies

1816/10 RESOLVED:       (Smyth/Flack)

 

1        That Council note the new strategies recently introduced by the NSW Government to reduce the incidence of graffiti.

 

2        That Council note that the Graffiti control Regulation 2009 as amended gives Council the power to issue penalty notices to retailers who sell spray paint to persons under 18 years or who fail to securely display spray paint.

 

3        That Council use its website to inform residents of the anti-graffiti laws and penalties.

 

4        That Council note that Australia's first Graffiti Action Day will be held in May 2010 in association with Keep Australia Beautiful.

 

 

 

ITEM 8.4      SF313                210110      Eungai District Community Council - Committee of Management - Amended Financial Statements for Year Ended 30 June 2009

1817/10 RESOLVED:       (Flack/Ainsworth)

 

That Council endorse the amended financial statements for the Eungai District Community Council Committee of Management for the year ended 30 June 2009.

 

 

 

ITEM 8.5      SF336                210110      Taylors Arm Hall Committee of Management - Minutes of the Annual General Meeting - 5 December 2009

1818/10 RESOLVED:       (Moran/Ainsworth)

 

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

 

2        That Council note the Committee's disappointment that in the three AGM's held in the Taylors Arm area no member of Council was in attendance.

 

 


 

ITEM 8.6      SF337                210110      Taylors Arm Reserve Committee of Management - Annual General Meeting - 14 October 2009 - Financial Report Addendum

1819/10 RESOLVED:       (Moran/Finlayson)

 

That Council note the addendum to the Financial Statement for the Committee of Management for the Taylors Arm Reserve detailing the sundries expenditure of $2409.11.

 

 

 

ITEM 8.7      SF408                210110      Compulsory Acquisition of laneway by Department of Education and Training

Motion:      (Moran/Flack)

 

1        That Council consent to the compulsory acquisition of Lot 21 in Deposited Plan 1131068 by the Department of Education and Training and accept compensation for the acquisition in the amount $24,500.00 on the proviso that the acquisition be completed without cost to Council.

 

2        That Council authorise the General Manager and Mayor to execute any documents required to give effect to and facilitate the compulsory acquisition of Lot 21 in DP 1131068 by the Department of Education and Training.

 

Amendment:       (Moran/Ainsworth)

 

That all adjoining owners be notified of sale of the lane to the Department of Education and be asked for their comments before proceeding with recommendations 1 and 2.

 

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

 

1820/10 Resolved:       (Moran/Ainsworth)

 

That all adjoining and adjacent owners be notified of the compulsory acquisition of the part of the lane by the Department of Education and be asked for their comments before proceeding with recommendations 1 and 2.

 

 

 


ITEM 8.8      SF15                  210110      Effluent Management at Macksville Saleyards - Connecting to Council Sewer System

1821/10 RESOLVED:       (Flack/South)

 

That Council note that it is not economically feasible to connect the Saleyard effluent to the town sewer system.

 

 

 

General Manager Report – LATE

 

ITEM 8.9      SF394                210110      Report on Investments to 31 December 2009

1822/10 RESOLVED:       (Court/Ainsworth)

 

That the Accountants’ Report on Investments placed to 31 December 2009 be noted.

 

 


 

ITEM 8.10    SF674                210110      Disposal of 1,600 tonnes of Biomass at Nambucca Shire Council's Waste Management Centre

1823/10 RESOLVED:       (Finlayson/Court)

 

1        That Council make immediate application to the Department of Environment Climate Change and Water (DECCW) to use the biomass material stored at Bonville as part of the final capping profile of the completed cell 1.  Upon receipt of approval from the DECCW that Council immediately accept the biomass material at its landfill at no charge.

 

2        That Council advise Coffs Harbour City Council, Biomass Solutions (Coffs Harbour) Pty Ltd and the Coffs Harbour DECCW office of its action.

 

 

 

Director Environment and Planning Report

 

ITEM 9.1      SF1261              210110      Outstanding DAs greater than 12 months, applications where submissions received not determined to 11 January 2010

1824/10 RESOLVED:       (Ainsworth/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.

 

 

 

ITEM 9.2      SF1261              210110      DAs and CDCs Received and Determined under Delegated Authority 8 December 2009-11 January 2010

1825/10 RESOLVED:       (Moran/Ainsworth)

 

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

 

 

 

ITEM 9.3      SF1261              210110      DEP Applications and Statistical Reports July 2009-June 2010, 2002-2009 and Certificates Received 2004-2009

1826/10 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 9.4      SF1148              210110      Contract Regulatory Officer's Report - December 2009

1827/10 RESOLVED:       (Flack/Smyth)

 

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

 

 

 

ITEM 9.5      LF2445               210110      Service of Emergency Orders on 11 Ridge Street Nambucca Heads

1828/10 RESOLVED:       (Flack/Moran)

 

1          That Council note that Emergency Orders have been issued on the deregistered company Markosh Pty Ltd C/- the Australian Securities and Investment Commission.

 

2          That Council attend to the inadequate perimeter fencing and soil and sediment controls to ensure that the site is secured and the sediment controls are adequate.

 

3          That Council not, at this stage, undertake any works in regard to the excavations or shoring up, but carefully monitor the site and review its position as required.

 

4        That Council write to ASIC and request that the matter be expedited

 

 

 

Director Environment and Planning Report – LATE

 

ITEM 9 6      SF688                210110      Draft 2010/2012 (2 Year) Environmental Levy

1829/10 RESOLVED:       (Hoban/Court)

 

That the recommendations be dealt with individually.

 

1830/10 Resolved:       (Ainsworth/Finlayson)

 

1          That Council note and endorse the consolidated 2009/2010 Environmental Levy Program

 

1831/10 Resolved:       (Flack/Ainsworth)

 

2          That Council review the attached Draft 2010–2012 Environmental Levy Program.

 

Motion:      (Flack/Smyth)

 

3          That Council incorporate the following prioritised projects for inclusion in the 2010–2012 Environmental Levy Program:

 

            Bowraville Flying Fox Management Plan and Implementation      $10,000

            Environmental Weed Management                                           $15,000

            Education and Ecotourism Sustainability program                     $20,000

            Audit and Implement sustainability for Council buildings             $50,000

            River Street Macksville Foreshore Improvement                         $50,000

            Ground Truthing and Review vegetation mapping                        $50,000

            Community Grants                                                                 $10,000

 

Amendment:       (Ainsworth/Moran)

 

That Council incorporate the following prioritised projects for inclusion in the 2010-2012 Environment Levy Program with River Street Macksville Foreshore Improvement being the first priority for the next two years:

 

            River Street Macksville Foreshore Improvement                         $50,000

            Bowraville Flying Fox Management Plan and Implementation      $10,000

            Environmental Weed Management                                           $15,000

            Education and Ecotourism Sustainability program                     $20,000

            Audit and Implement sustainability for Council buildings             $50,000

            Ground Truthing and Review vegetation mapping                        $50,000

            Community Grants                                                                 $10,000

 

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

 

1832/10 Resolved:       (Ainsworth/Moran)

 

3          That Council incorporate the following prioritised projects for inclusion in the 2010-2012 Environment Levy Program with River Street Macksville Foreshore Improvement being the first priority for the next two years:

 

            River Street Macksville Foreshore Improvement                           $50,000

            Bowraville Flying Fox Management Plan and Implementation    $10,000

            Environmental Weed Management                                               $15,000

            Education and Ecotourism Sustainability program                        $20,000

            Audit and Implement sustainability for Council buildings             $50,000

            Ground Truthing and Review vegetation mapping                        $50,000

            Community Grants                                                                         $10,000

 

1833/10 Resolved:       (Ainsworth/Finlayson)

 

4        That subject to recommendation 3 above, Council endorsed the amended Draft 2010–2012 Environmental Levy for exhibition purposes and/or submission to the Department of Local Government for rate variation as required.

 

 

 

Director Engineering Services Report

 

ITEM 10.1    PRF15                210110      E J Biffin Playing Fields - Review of Plan of Management

Motion:      (Flack/Smyth)

 

That the matter of placing the E J Biffin Playing Fields Plan of Management on public exhibition for 28 days with a further 14 days allowed for the receipt of submissions be deferred to allow Councillors’ comments and be considered at Council’s next General Purpose Committee meeting.

 

Amendment:       (Hoban/Ainsworth)

 

That the matter of placing the E J Biffin Playing Fields Plan of Management on public exhibition for 28 days with a further 14 days allowed for the receipt of submissions be deferred to allow Councillors’ comments and that Councillors have their comments to the Director Engineering Services by 29 January 2010 so that the matter can be considered at the next General Purpose Committee meeting.

 

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

 

1834/10 Resolved:       (Hoban/Ainsworth)

 

That the matter of placing the E J Biffin Playing Fields Plan of Management on public exhibition for 28 days with a further 14 days allowed for the receipt of submissions be deferred to allow Councillors to make comments to the DES by 29 January 2010 so that the matter can be brought to the next General Purpose Committee meeting.

 

 


 

ITEM 10.2    SF84                  210110      Rural Fire Service - Annual Budget 2010/2011

Motion:      (Finlayson/Flack)

 

That Council note the 2010/2011 projected budget for the NSW Rural Fire Service for the Nambucca Shire Local Government Area as prepared by the local officers and submitted to the Rural Fire Service Head Office for assessment.

 

Amendment:       (Hoban/Court)

 

That this matter be deferred for clarification on whether there is an additional tanker and why they are all being replaced in the first year; query what is their total hazard reduction program and expenditure thereof; and that Council invite the Rural Fire Service to address Council about these matters including last year’s budget in the comparison.

 

 

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

 

1835/10 Resolved:       (Hoban/Court)

 

That this matter be deferred for clarification on whether there is an additional tanker and why they are all being replaced in the first year; query what is their total hazard reduction program and expenditure thereof; and that Council invite the Rural Fire Service to address Council about these matters including last year’s budget in the comparison.

 

 

 

ITEM 10.3    SF248                210110      New Sludge Drying Beds at Bowraville Sewage Treatment Plant

1836/10 RESOLVED:       (Flack/Court)

 

That Council award the contract to construct the proposed new sludge drying beds at Bowraville Sewage Treatment Plant to A J Pipelines and Constructions Pty Ltd.

 

  

 

General Purpose Committee REPORT

 

ITEM 11.1         SF1460          210110      Proposal to seek a Special Rate Variation in 2010/2011 for Restoration of Flood Damage and Repair of Riverside Drive (Item 8.1 in the General Purpose Committee)

1837/10 Resolved:       (Flack/Court)

 

1        That Council plan to seek a special variation of 1% in 2010/11 (ie the rate pegging limit plus        1%) to borrow $500,000 over a 10 year period, with the funding to be added to funds     derived from the positive operating result in 2009/10 and to be applied to make up the           shortfall in Natural Disaster Funding and specifically the replacement of Deep Creek    bridge with a single lane structure and to the repair of existing and potential landslips on          Riverside Drive in the order of priority assessed by Council’s geotechnical consultants.

 

2        That this proposal be advertised in the local media for 21 days.

 

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

 

 


 

ITEM 11.2         SF1387          210110      Progress on Operation of Macksville Memorial Aquatic Centre (Item 8.2 in the General Purpose Committee)

1838/10 Resolved:       (Ainsworth/South)

 

1        That Council note the inspection of the Macksville Memorial Aquatic Centre and investigate means of obtaining data on usage of the facility.

 

2        That the efforts of the staff in addressing the operational and warranty issues at the Pool be acknowledged.

 

 

 

ITEM 11.3         SF1231          210110      Report on the Valuation for structures on Council's footpaths under the adopted Approvals Policy  (Item 9.1 in the General Purpose Committee)

1839/10 Resolved:       (Ainsworth/Flack)

 

1        That Council note the rental assessment report prepared by North Coast Valuation Services.

 

2        That the annual rental fee for outdoor dining areas, trading tables and other structures, and street vending structures for commercial premises for all renewals on or after 1 July 2011 (CPI adjusted annually at 30 June) be $40/per square metre across the Shire.

 

3        That Council charge an annual license fee of $110 per “A” framed or similar signs.

 

4        That the annual rental fee for outdoor dining areas, trading table and other structures, and street vending structures for commercial premises for all new applications received on or after the date of adoption of the fees by Council (CPI adjusted annually at 30 June) be $40/per square metre across the Shire.

 

5        That upon payment of the annual registration fee for existing approved structures, business owners/operators be advised that they will be required to remove all structures from the footpath by the end of September 2011, unless development consent has been obtained from Council beforehand and the new “rental fee” will be applicable.

 

6        That if an owner/operator of an existing outdoor dining area intends to apply for a liquor license, then the proponent will be required to lodge a development application and enter into a formal agreement for the exclusive use of the footpath area.  The rental payment will be in accordance with the new adopted fees and charges.  Any such approval and lease agreement will allow a variation of Alcohol Free Zones that may apply and permit the consumption of alcohol in the designated outdoor dining area.

 

7        That Section 4.0 of the adopted Policy be amended to clarify that “Street Vending” only applies to the exclusive use of an area in a permanent location on Council’s footpath in a commercial centre.

 

 


 

ITEM 9.2           SF135            210110      Future of Local Government SoE Reporting (Item 9.2 in the General Purpose Committee)

1840/10 Resolved:       (Moran/South)

 

1          That the report be noted

 

2          That the next SoE report, being a comprehensive report, is now due in 2013

 

3          That there is no intermediate (supplementary) reports to be completed

 

4          That a small annual SoE report be tabulated for Council each November, from 2010–2012 to be used to ease the workload for completion of the Comprehensive SoE Report in 2013.

 

5          That the recommendations from the 2008/09 Comprehensive SoE report be adopted:

 

a        Review Development Control Plan (DCP) 4 “Subdivisions”  to include the retention of biodiversity corridors through new subdivision areas to maintain linkages for native fauna movements,

 

b        Review the Development Control Plan (DCP) 5 “Industrial Developments” to include design guidelines that will assist with attenuating noise from the Industrial areas on adjoining residential areas.

 

c        Develop a Local Policy relating to solid fuel heaters installation and use to assist with alleviating health and air quality issues in urban & rural residential areas,

 

d        Develop an education program for the shire to address the increased occurrence of dumping,

 

e        Develop brochures to educate residents of the shire on Council’s new Keeping of Animal Policy,

 

6        That properties around industrial estates have a notification placed on Section 149 Certificates and that a sample wording be reported to Council.

 

 

 

ITEM 9.3      Was dealt with in the Director Environment and Planning’s late report—ITEM 9.6.

 

 

 

ITEM 10.1         SF1451          210110      Backflow Prevention Policy (Item 10.1 in the General Purpose Committee)

1841/10 Resolved:       (Moran/Hoban)

 

That Council place the draft Backflow Prevention Policy on public exhibition for a minimum period of 28 days subject to the policy being in accordance with the current guidelines.

 

    


 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

1842/10 RESOLVED:       (Ainsworth/Court)

 

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 11.1    SF839                210110      General Manager's Performance Review Committee - Minutes of Meeting on 17 December 2009

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 Meeting IN CLOSED MEETING commenced at 7.20 pm.

 

 

 

 

 


RESUME IN OPEN MEETING

 

RECOMMENDATION:

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 7.37 pm.

 

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

 

ITEM 11.1    SF839                210110      General Manager's Performance Review Committee - Minutes of Meeting on 17 December 2009

1843/10 RESOLVED:       (Ainsworth/Finlayson)

 

The General Manager and Directors be reminded to report on potential revotes at each quarterly review.

 

1844/10 Resolved:       (Finlayson/Court)

 

That the General Manager uphold resolution of Council of 18 December 2008:

          ‘That as a matter of policy Council be forwarded draft Plans of Management by way of memo at least three weeks before a General Purpose Committee meeting, so those comments can be considered after collation and prior to the next General Purpose Committee meeting’

unless it can be demonstrated there is a need for urgency.

 

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.40 pm. 

 

Confirmed and signed by the Mayor on 4 February 2010.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)