NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 18 February 2010 COMMENCING AT 5.30 PM

 

 

The following document is the minutes of the Council meeting held on 18 February 2010.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 4 March 2010 and therefore subject to change.  Please refer to the minutes of 4 March 2010 for confirmation.

 

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)

Lorraine Hemsworth (Minute Secretary)

 

Lynette Howle (Observer)

 

APOLOGY

 

Cr Ballangarry OAM on approved leave.

 

 

PRAYER

 

Reverend Gillian Jones from the Macksville Anglican Church, offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST:

 

Mayor, Councillor R Hoban declared a Pecuniary interest in Item 9.2 DA 2008/043 – Woolworths Site, Macksville from the General Purpose Committee Meeting 17 February 2010 under the Local Government Act as Cr Hoban has a family member working for Woolworths.  Cr Hoban left the meeting for this item.

 

Mayor, Councillor R Hoban declared a Pecuniary interest in Item 10.6 Report on Legal Advice – DA 2009/113 and DA 2009/119 under the Local Government Act as Council’s decision will either positively or negatively impact on family members who own adjoining property.  Cr Hoban left the meeting for this item.

 

Councillor P Flack declared a Non Pecuniary – Significant Conflict of interest in Item 9.2 DA 2008/043 – Woolworths Site, Macksville from the General Purpose Committee Meeting 17 February 2010 under the Local Government Act as Cr Flack has family members employed at a competing Supermarket in Macksville.  Cr Flack left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 4 February 2010

1861/10 RESOLVED:       (Moran/Court)

 

That the minutes of the Ordinary Council Meeting of 4 February 2010 be confirmed.

 

P3      Item 9.4       No seconder

P6      Cr Moran times for being out of the meeting are incorrect

 

 

 

 

NOTICE OF MOTION - CR Moran OAM

ITEM 5.1      SF1471              180210      Notice of Motion - Number of Councillors - Bi Election

1862/10 RESOLVED:       (Moran/Ainsworth)

 

That Council write to the Minister for Local Government seeking permission not have a bi election in the event that a Councillor resigns or passes away before the next Local Government elections in 2012.

 

1863/10 Resolved:       (Hoban/Smyth)

 

That when the next customer survey is conducted that Council canvas opinion on reducing Councillor numbers noting both the positive and negatives in the questions.

 

 

 

 

NOTICE OF MOTION - CR Smyth

ITEM 5.2      SF1471              180210      Notice of Motion - Native Vegetation and Land Clearing - Free Community Workshop for Rural Landholders

Motion:     (Smyth/Flack)

 

That Council staff liaise with the Environmental Defender’s Office and Nambucca Valley Landcare to organise a free community workshop, in relation to native vegetation legislation, for rural landholders and other interested members of the community in Nambucca Shire, to be held at Council Chambers on a suitable date.

 

The motion was LOST

 

 

 

NOTICE OF MOTION - CR Moran OAM

ITEM 5.3      SF1471              180210      Notice of Motion - Macksville Cemetery - Number of Sites

1864/10 RESOLVED:       (Moran/Ainsworth)

 

That Council investigates the number of sites remaining in the Catholic section and all other sections of the Macksville Cemetery.

 

 

 

ITEM 9.7      SF395                180210      Comet Windmills - Donation of Windmill in Lieu of Outstanding Loan Balance

1865/10 RESOLVED:       (Hoban/Finlayson)

 

That Item 9.7 Comet Windmills - Donation of Windmill in Lieu of Outstanding Loan Balance be deferred until such time that the proprietors can address Council.

 

 

 

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      SF959                180210      Outstanding Actions and Reports

1866/10 RESOLVED:       (Moran/Ainsworth)

 

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

 

 

 

 

 

ITEM 9.2      SF1389              180210      Grant Application Status Report - 31 January 2010

1867/10 RESOLVED:       (Moran/Court)

 

That the list of grant programs and their status to 31 January 2010 be received.

 

 

 

 

 

ITEM 9.3      SF394                180210      Report on Investments to 31 January 2010

1868/10 RESOLVED:       (Ainsworth/Court)

 

That the Accountants’ Report on Investments placed to 31 January 2010 be noted.

 

 

1869/10 Resolved:       (Moran/Finlayson)

 

That Finance Staff be advised not to invest deposits for three to five years and that any proposed long term investment be reported to Council prior to investing.

 

 

 


 

ITEM 9.4      SF922                180210      Proposal for War Memorial at Scotts Head

1870/10 RESOLVED:       (Hoban/Moran)

 

That Item 9.4 Proposal for War Memorial at Scotts Head be deferred.

 

 

ITEM 9.5      SF408                180210      Compulsory Acquisition of Laneway by the Department of Education and Training

1871/10 RESOLVED:       (Ainsworth/Finlayson)

 

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.

 

 

 

ITEM 9.6      SF968                180210      Proposed Naming of the Macksville Netball Courts, the "Marion Wood Netball Courts"

1872/10 RESOLVED:       (Flack/Finlayson)

 

That the Willis Street netball courts be named the, “Marion Wood Netball Courts”.

 

 

 

 

ITEM 9.7 was listed above and deferred.

 

 

Director Environment and Planning Report

ITEM 10.1    SF1261              180210      Outstanding DAs greater than 12 months, applications where submissions received not determined to 11 January 2010

1873/10 RESOLVED:       (Court/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              180210      DAs and CDCs Received and Determined under Delegated Authority 26 January-8 February 2010

1874/10 RESOLVED:       (Moran/Finlayson)

 

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

 

 

 

ITEM 10.3    SF1261              180210      DEP Applications and Statistical Reports July 2009-June 2010, 2002-2010 and Certificates Received 2004-2010

1875/10 RESOLVED:       (Ainsworth/Moran)

 

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 Occupational Certificate released for the years 2004 to 2010.

 

3          That Council note the statistical information for Applications and Certificates received by Council for 2004-2010.

 

4          That Council note the statistical breakdown of development applications thus far for the current year beginning 1 January 2010.

 

 

 

ITEM 10.4    SF1148              180210      Contract Regulatory Officer's Report - January 2010

1876/10 RESOLVED:       (South/Moran)

 

That the report from the Contract Regulatory Officer for January 2010 be received and noted by Council.

 

 

 

ITEM 10.5    SF1334              180210      Grant Application for Safe and Savvy Seniors - Make Sure You're Secure

1877/10 RESOLVED:       (Flack/Ainsworth)

 

1          That Council note that the Expression of Interest for funding was made on 1 February 2010 with the endorsement of the General Manager in order to meet the deadline for the grants program.

 

2          That Council endorse the application for funding and progress to Stage 2 should the Expression of Interest be successful.

 

 

 


Crs Hoban and Moran left, the time being 6.35 pm and returned to the meeting after the completion of the item, the time being 6.41. Deputy Mayor, Cr Court took the chair.

 

ITEM 10.6    DA2009/113        180210      Report on Legal Advice - DA 2009/113 & DA 2009/119

1878/10 RESOLVED:       (Ainsworth/South)

 

1          That Council staff continue to process the Section 96 Modification Application for DA 2009/113 in accordance with the relevant provisions of the EP&A Act and consideration be given to amending the consent to give effect to a requirement for ‘satisfactory arrangements to be in place to upgrade Smiths Lane in accordance with the provisions of NLEP 1995’ and payment of a Section 94 contribution in accordance with a future Section 94 Contributions Plan’.

 

2          That Mr & Mrs Smith be advised that upon submission of a Section 96 Modification Application to amend the development consent approval for DA 2009/119, similar consideration will be given to the application in accordance with 1 above.

 

3          That Council undertake to prepare a Section 94 Contributions Plan to upgrade Smiths Lane in accordance with Council’s requirements.

 

4                     That the Section 94 Contributions Plan be prepared to allow Smiths Lane to be constructed in stages and stage 1 shall incorporate expending any contributions received from the amended Turnbull and/or Smith subdivision approvals to the partial upgrade of Smiths Lane.

 

FOR THE MOTION:         Councillors Flack, Smyth, Finlayson, Ainsworth, South and Court (Total 6)

AGAINST THE MOTION: Nil Councillors (Total 0)

 

 

 

Director Engineering Services Report

ITEM 11.1    PRF44                180210      Donnelly Welsh Playing Fields - Plan of Management

1879/10 RESOLVED:       (Ainsworth/South)

 

1        That Council adopt the Plan of Management for Donnelly Welsh Playing Fields as exhibited.

 

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

 

 

 

 

ITEM 11.2    SF1360              180210      Flood Damage - February, March/April, May and October/November 2009

1880/10 RESOLVED:       (Smyth/Moran)

 

That Council note the progress of works to complete the permanent restoration of damage from the February, March/April, May and October/November 2009 floods as at 31 January 2010.

 

 

 

 

ITEM 11.3    SF741                180210      Paveline Patching Machine - Operation - June to December 2009

1881/10 RESOLVED:       (Moran/South)

 

1        That the report on the operations of the Paveline for June to December 2009 be noted.

 

2        That a further report be prepared for the year July 2009 to June 2010 for comparison with the previous year.

 

 

 

General Purpose Committee REPORT

 

ITEM 9.4           SF1031          180210      Policy Review - Memorials on Council Controlled Land (Item 9.4 in the General Purpose Committee)

1882/10  Resolved:      (Flack/Moran)

 

That the item be discussed.

 

MOTION:                         (Flack/Moran)

 

That the decision to discontinue the policy be deferred and that the Director Engineering Services provide a report on alternative options to benches and incorporating maintenance costs in the fee for a memorial.

 

The Motion was lost.

 

motion:                         (Court/Finlayson)

 

That Council discontinue the policy of approval of private memorials and plaques in public spaces and amend the policy accordingly to refuse all private applications.

 

Amendment:                (Ainsworth/South)

 

That Council discontinue the policy of approval of private memorials and plaques in public spaces and amend the policy accordingly.

 

The amendment was carried and became the recommendation.

 

1883/10  Resolved:      (Ainsworth/South)

 

That Council discontinue the policy of approval of private memorials and plaques in public spaces and amend the policy accordingly.

 

 


 

ITEM 9.5           SF1031          180210      Policy Review - Access of Vehicles on Beaches  (Item 9.5 in the General Purpose Committee)

1884/10  ReSOLVED:      (Flack/Finlayson)

 

That the review of the policy be deferred to provide for consultation with the Beach Access Committee.

 

 

ITEM 8.4           SF1446          180210      Draft Management Plan (Part 1) 20 Year Community Strategic Plan 2010/2030 (Item 8.4 in the General Purpose Committee)

MOTION:      (Ainsworth/Court)

 

That Council adopt the Objectives/Targets/Strategies as amended for the Draft 2010/2030 Management Plan.

 

AMENDMENT:       (Moran/Ainsworth)

 

That the reference to specific groups and agencies be deleted and that generic terms be used in stead.

 

The amendment was carried.

 

AMENDMENT:       (Hoban/Court)

 

That the discussed grammatical alterations and other changes to the document be adopted.

 

The amendment was carried.

 

1885/10  RESOLVED:      (Ainsworth/Court)

 

1        That Council adopt the Objectives/Targets/Strategies as amended for the Draft 2010/2030 Management Plan.

 

2        That the reference to specific groups and agencies be deleted and that generic terms be used instead

 

3        That the discussed grammatical alterations and other changes to the document be adopted.

 

 

1886/10  RESOLVED:                (Hoban/Court)

 

That in future, where such documents are circularised, that where possible, minor grammatical changes be provided to staff for circularising at the meeting.

 

 

 


Crs Flack and Hoban left, the time being 6.47 pm and returned to the meeting after the completion of the item, the time being 6.49..Deputy Mayor, Cr Court took the chair.

ITEM 9.2           DA2008/043   180210      DA 2008/043 - Woolworths Site, Macksville (Item 9.2 in the General Purpose Committee)

Crs Hoban, Flack, South and Court did not attend the site inspection.

 

When this item came for consideration in the meeting, Crs Flack and Hoban left, the time being 11.45 am and returned to the meeting after the completion of the item, the time being 11.46 am.

 

 

1887/10  ReSOLVED:      (Ainsworth/Finlayson)

 

1        That Council note the inspection of the Macksville Woolworths construction site, Cooper Street, Macksville conducted on 17 February 2010.

 

2        That Council provide a letter of thanks to Mr Terry Stephens from the Company Mainbrace Constructions (NSW) Pty Ltd.

 

 

 

ITEM 8.3           SF1439          180210      Risk Management and Fraud and Corruption Prevention (Item 8.3 in the General Purpose Committee)

1888/10  ReSOLVED:      (Court/Ainsworth)

 

1        That the draft Risk Management Policy, Risk Management Plan, Risk Register and Fraud and Corruption Prevention Strategy be adopted.

 

2        That where the Risk Register identifies action plans, progress in relation to implementation be reported to MANEX quarterly.

 

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

 

 


 

ITEM 9.1           PRF15           180210      E J Biffin Playing Fields - Review of Plan of Management (Item 9.1 in the General Purpose Committee)

Motion:      (Ainsworth/Finlayson)

 

That Council place 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.

 

Amendment:                (Flack/Smyth)

 

That the Plan of Management be reviewed every four years.

 

The amendment was Lost.

 

AMENDMENT:       Flack/Smyth

 

That there be changes to the wording on page 12 of the Plan of Management in reference to Section on Fauna.

 

The amendment was Lost.

 

Amendment:                (Smyth/Flack)

 

That Item 1.9 (a) (2) on page 9 be deleted and replaced with similar wording to that used in the recently completed Plan of Management for the Donnelly Welsh Fields.

 

The amendment was Lost.

 

1889/10  RESOLVED:      (Ainsworth/Finlayson)

 

That Council place 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.

 

 

 

ITEM 9.3           SF84             180210      Rural Fire Service - Annual Budget 2010/2011 (Item 9.3 in the General Purpose Committee)

1890/10 Cr Finlayson declared a minor conflict of interest in this matter as he is a volunteer in the Talarm Bush Fire Brigade.          (Ainsworth/South)

 

1891/10  RESOLVED:      (Ainsworth/Court)

 

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

 

 


 

ITEM 8.2           SF1456          180210      Review of Organisation Structure (Item 8.2 in the General Purpose Committee)

1892/10  ReSOLVED:      (Court/Hoban)

 

1        Subject to funding, the priorities for additional staff resources in 2010/2011 are:

 

a        $28,300 for the replacement of the customer service officer (technical) 3 days per week position in Environment and Planning

 

b        $47,400 for a part time qualified engineer (3 days/week), possibly as a job share with another Council, to deal with traffic management and individual projects concerning the estuary and grant funded projects generally.

 

c        $30,500 for a trainee in Information Technology

 

2        That the proposal to incorporate the town services attendants with the waste section and to split the functional responsibility for the Works Section between the Senior Overseer and the Overseer’s Assistant be the subject of consultation with affected staff and their union representatives and be the subject of a further report to Council.

 

3        In the event that the Manager Information Technology retires in 2010/2011 that funding be provided via a quarterly review for a two to three month overlap for his replacement.

 

4        The amended organisation chart be adopted with determination of additional staff resources in accordance with the priorities identified in 1. above to be made as part of the budget process.

 

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

 

 

 

ITEM 8.1           SF820            180210      Quarterly Performance Review - 31 December 2009 (Item 8.1 in the General Purpose Committee)

1893/10ReSOLVED:        (Ainsworth/Finlayson)

 

That Council note the extent to which the Performance Targets have been achieved for the quarter to 31 December 2009.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 6.50 pm. 

 

Confirmed and signed by the Mayor on 4 March 2010.

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)