NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 15 July 2010

 

 

The following document is the minutes of the Council meeting held on 15 July 2010.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 5 August 2010 and therefore subject to change.  Please refer to the minutes of 5 August 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)

Coral Hutchinson (Acting Director Environment & Planning)

Monika Schuhmacher (Minute Secretary)

 

 

APOLOGIES

 

Cr Martin Ballangarry OAM

 

 

PRAYER

 

Pastor Peter Lott from the Christian Life Centre offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Cr Ainsworth declared a non-pecuniary less significant conflict of interest in General Purpose Committee Meeting ITEM 8.3 Saleyard Fee Comparison under the Local Government Act as Cr Ainsworth claims an insignificant difference in transport costs to other saleyards.

 

Cr Finlayson declared a non-pecuniary less significant conflict of interest in General Purpose Committee Meeting ITEM 8.3 Saleyard Fee Comparison under the Local Government Act as Cr Finlayson from time to time sells livestock through Macksville saleyards.

 

Cr Flack declared a non-pecuniary less significant conflict of interest in General Purpose Committee Meeting ITEM 8.3 Saleyard Fee Comparison under the Local Government Act as Cr Flack has a family member who uses the saleyards on occasion.

 

Cr Hoban declared a non-pecuniary less significant conflict of interest in General Purpose Committee Meeting ITEM 8.3 Saleyard Fee Comparison under the Local Government Act as Cr Hoban’s family uses the saleyards.

 

Cr South declared a non-pecuniary less significant conflict of interest in General Purpose Committee Meeting ITEM 8.3 Saleyard Fee Comparison under the Local Government Act as Cr South sells and buys cattle through saleyards.

 

Cr Finlayson declared a pecuniary interest in General Purpose Committee Meeting ITEM 8.4 Future Tenure of Valla Beach Community Pre-School under the Local Government Act as Cr Finlayson has interests in all child care facilities in the Shire.  Cr Finlayson left the meeting for the duration of this item.

 


Cr Hoban declared a pecuniary interest in General Purpose Committee Meeting ITEM 8.6 Section 94 Developer Contributions - Smiths Lane - Local Roads and Traffic Contribution Plan 2010 under the Local Government Act as Cr Hoban’s family owns land adjacent to Smiths Lane and Council’s decision may financially advantage/disadvantage them.  Cr Hoban left the meeting for the duration of this item.

 

 

 


 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 1 July 2010

 

2259/10 RESOLVED:       (Moran/Flack)

 

That the minutes of the Ordinary Council Meeting of 1 July 2010 be confirmed.

 

 

 

DELEGATIONS

 

Resolved: (Moran/South)

 

That the following delegations be heard:

 

a)       Item 8.7       Loan Agreement and Lease of Bowraville Theatre to Bowraville Arts Council

          i)        Mr Jim Boswell

          ii)       Mr Peter Renshaw

 

b)       Item 10.4      Coronation Park – Future of Old amenities Block

          i)        Mr Tom Robbins--Objector

 

c)       Item 9.2 GPC         Exhibition of Draft Nambucca Development Control Plan

          i)        Mr Bradley Edge—Objector of Buffer Zones

          ii)       Mr Stuart Johnson—Objector of Buffer Zones

          iii)      Mr Geoff Goesch—Buffer Zones

          iv)      Mr Bill Rainnie—Buffer Zones

 

 

Mr Boswell spoke to a prepared paper which is on file SF380.

 

Mr Renshaw spoke to a prepared paper which is on file SF380.

 

 

ITEM 8.7      SF380                150710      Loan Agreement and Lease of Bowraville Theatre to Bowraville            Arts Council

MOTION:      (Moran)

 

That the Theatre be sold.

 

Motion LAPSED for want of a seconder.

 

Motion:      (Court/Flack)

 

That the loan Agreement pursuant to Council resolution dated 15 January 2004, between the Nambucca Shire Council and the Bowraville Arts Council Incorporated, be rescinded and that Council waive the balance of the outstanding loan amount of $173,957.79.

 

Amendment:       (Ainsworth/Moran)

 

That, in accordance with Option 1c, Council maintain the status quo, that being to continue to waive the requirements for the Bowraville Arts Council to repay the loan but review the matter again, in say five years, with a view to recommencing repayments of trading figures improve.

 

The amendment was LOST.

 

The motion upon being put was carried and it was:

 

2260/10 Resolved:       (Court/Flack)

 

1        That the loan Agreement pursuant to Council resolution dated 15 January 2004, between the Nambucca Shire Council and the Bowraville Arts Council Incorporated, be rescinded and that Council waive the balance of the outstanding loan amount of $173,957.79.

 

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

 

2261/10 Resolved:       (Court/Finlayson)

 

2          That Council seek to terminate the lease Agreement dated 29 August 2003 between Nambucca Shire Council and the Bowraville Arts Council Incorporated for part Lot 1 DP 330860 and contemporaneously enter into a new lease Agreement with the Bowraville Arts Council Incorporated over all of Lot 1 in DP 330860 for a term of 10 years on mutually agreed terms.

 

3          That Council direct all net proceeds from the lease of Lot 1 DP 330860 to a Reserve established specifically for the ongoing upkeep and development of the Bowraville Theatre.

 

4          That Council authorise the Mayor and the General Manager to sign on behalf of Nambucca Shire Council all necessary documents to give effect to the rescission of the loan Agreement between Nambucca Shire Council and the Bowraville Arts Council, and to affix Council’s seal on the Rescission Agreement where necessary.

 

5          That Council authorise the Mayor and the General Manager to sign on behalf of Nambucca Shire Council all necessary documents to give effect to the termination of the current lease of Part Lot 1 DP 330860 to the Bowraville Arts Council, including any sublease, and at the same time negotiate and enter into a fresh lease Agreement with the Bowraville Arts Council Incorporated for a term of 10 years on mutually agreed terms and that the seal be affixed to the termination and lease documents where necessary.

 

 

 

DELEGATIONS continued

 

Mr Robbins spoke to a prepared statement which is on file SF755.

 

ITEM 10.4    SF755                150710      Coronation Park - Future of Old Amenities Block

2262/10 Resolved:       (Hoban/Moran)

 

That Council defer a decision on demolition of the old amenities block to allow the Junior and Senior Rugby League Clubs the opportunity to put their proposed business plan to Council explaining their uses for the building, showing how they can undertake the necessary alterations to ensure the building is compliant, using the remainder of the Council funding and their own funding and their indication as to whether the users will be able manage the ongoing maintenance costs.

 

2263/10 Resolved:       (Moran/Ainsworth)

 

That the business plan be forwarded to the Coronation Park Trust for their consideration.

 

 

DELEGATIONS continued

 


Mr Edge addressed Council making the following points:

·    Concerned with food security in the Valley

·    Real impact will be on small scale farms

·    Large corporations will not be affected to same extent

·    Nambucca Valley is food bowl of the future

·    Local economy and consumers will suffer if businesses close

·    Proposed changes will prevent farmers to modify their farms and lock them into existing uses

·    Most small scale farmers do not wish to become mass producers

·    The more that produce food the better for the community

·    Buffer zones will not make for viable farming

·    Council should be encouraging rural diversity.

 

Mr Johnson addressed Council making the following points:

·    Has been farming at Taylors Arm with brother all their lives

·    4th generation farmer with passed on experience

·    Outsourced grain is a normal practice to sustain farm

·    Act obviously prepared for broad acre farming not small farms

·    Buffer zones will restrict access to feed, power, water etc

·    Most of the Valley’s small farms will be ruled out with buffer zones

·    Odour (including supplementary and intensive feeding—only there for short period and then gone

·    Noise normal for rural area

·    Council needs to look seriously at enforcing the Act.

 

Mr Goesch addressed Council making the following points:

·    Reiterated Vision and Mission Statement

·    Everyone has right to earn a dollar

·    Discussed separation distances

·    Offensive odour from piggery floats to his and neighbouring homes with prevailing weather conditions – almost daily

·    Buffer distances could be flexible

·    Property value affected

·    More land being cut up by farmers

·    Suggests Council takes out 1 page ad in paper to explain to everyone instead of scare mongering

 

Mr Rainnie addressed Council making the following points:

·    Personal experience with offensive odours from piggery

·    Not against grazing, but intensive farming can cause problems

·    Buffer zones are there to address land use conflicts

·    Land use conflicts is toxic to the Valley promoting a good place to live

·    Increasing population in Shire and farmers want to cash in on this

·    Appropriate sustainable buffers required.

 

ITEM 9.2           SF1498          150710      Report on Exhibition of the Draft Nambucca Development Control                 Plan  (Item 9.2 in the General Purpose Committee)

 

2264/10 RESOLVED:       (Flack/Smyth)        (Flack/Smyth)

 

1          That Council adopt the Nambucca DCP as advertised.

 

2          That Council advertise the adoption of the Nambucca DCP 2010 in accordance with the Environmental Planning and Assessment Regulation 2000 and specify that the Nambucca DCP 2010 will commence upon gazettal of the NLEP 2010.

 

3          That Council notify all persons who made a submission to the draft Nambucca DCP 2010 and advise that the Nambucca DCP 2010 was adopted by Council subject to the amendments identified in 1 above.

 

4          That any changes in buffer distances be considered as part of any future Rural Strategy investigations.

 

2265/10 Resolved:       (Hoban/Moran)

 

5        That Council write to the Department of Planning with a copy to the Department of Agriculture asking for clarification on their own definitions specifically relating to ‘supplementary feeding’, ‘wholly and substantially’, and ‘intensive and extensive agriculture’.

 

 

2266/10 Resolved:       (Flack/Smyth)

 

6        That all major development applications be notified and/or advertised for a minimum period of twenty one (21) days.

 

 

 


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 were due Notice has been received.

 

 

 


General Manager Report

 

ITEM 8.1      SF45                  150710      Shires Association Conference 2010

2267/10 RESOLVED:       (Ainsworth/Moran)

 

1        That Council note the report on the Shires Association Conference 2010.

 

2268/10 Resolved:       (Flack/Court)

 

2        That Council write to the Minister for Roads outlining the current condition of road and bridge infrastructure in the Nambucca Valley and our financial constraints in providing an adequate level of service and that Council encourage other A Division Councils to do similar

 

 

 

 

ITEM 8.2      SF959                150710      Outstanding Actions and Reports

2269/10 RESOLVED:       (Court/Moran)

 

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

 

 


 

ITEM 8.3      SF1528              150710      Government Information (Public Access) Act 2009 (GIPA Act)

2270/10 RESOLVED:       (Court/Flack)

 

That Council note the implementation arrangements for the Government Information (Public Access) Act 2009 being:

 

i         Review all Council policies (by August 2010)

ii        Prepare and maintain the various registers for a trial period (registers prepared by August          2010 and trialled by September 2010)

iii       Collate all information which is to be open access information (by September 2010)

iv       Complete publication guide and submit to the Information Commissioner (by October 2010)

v        Upload all open access information to the website with linked referencing (by November   2010).

 

 

 

Cr Finlayson left the meeting for the duration of this item at 7.30 pm and returned at the conclusion, the time being 7.45 pm.

 

ITEM 8.4      SF638                150710      Future tenure of Valla Beach Community Pre-school

Motion:      (Flack/Ainsworth) 

 

That Council formulate a Plan of Management for Lot 8 DP 821952 with specific reference to the continued use of that part of the land currently utilised as a Pre-School and provision for leasing of the premises as a Pre-School.

 

Amendment:       (Moran/Ainsworth)

 

That Council reclassify the community land into operational land and come up with a costing for the subdivision and the pre school be offered to the Valla Beach Pre School.

 

The amendment was LOST.

 

The motion was put and it was carried and it was:

 

2271/10 Resolved:       (Flack/Ainsworth)

 

That Council formulate a Plan of Management for Lot 8 DP 821952 with specific reference to the continued use of that part of the land currently utilised as a Pre-School and provision for leasing of the premises as a Pre-School.

 

 

 

2272/10 Resolved:       (Ainsworth/Flack)

 

That item 8.2 from the General Purpose Committee meeting be brought forward as there were interested parties in the gallery.

 

 


 

ITEM 8.2           PRF49           150710      Regional and Local Community Infrastructure Program Round 3 -                             $165,000 for allocation to infrastructure projects

                                                             (Item 8.2 in the  General Purpose Committee)

2273/10 RESOLVED:       (Flack/Finlayson)

 

1        That Council nominate the following projects for funding in the 3rd round of the Regional and Local Community Infrastructure Program:

 

          a        Storage Building  – Macksville Park - $45,000

 

          b        Macksville Pool – Additional Lane - $20,000

          c        E J Biffin Playing Fields carpark rehabilitation -  $68,000

 

          d        Bowraville Public Amenities - $32,000.

 

2.       That the Bowraville Junior Rugby League be advised that in lieu of their proposed temporary pantec/container Council will immediately proceed to provide permanent storage facilities at Macksville Park.

 

3        That the Director Engineering Services provide further information on the proposed location of the bank stabilisation work and the work required on refurbishing the toilets in High Street, Bowraville so that Council can compare these two funding priorities.

 

 

The meeting adjourned at 7.55 pm and resumed at 8.30 pm.

 

 

 


Cr Moran left the meeting at the commencement of Item 5 and returned at the conclusion of Item 8.6 the time being 8.33 pm.

 

ITEM 8.5      SF1446              150710      Fees and Charges - Section 94 Contributions:  Bellwood Local           Roads and Traffic Contribution Plan 2009

2274/10 RESOLVED:       (Finlayson/Court)

 

1        That Council amend its Fees and Charges to include the Bellwood Local Roads and Traffic Infrastructure Developer Contribution Plan 2009 as per below.

 

2        That the proposed amended Fees and Charges be advertised in accordance with the Local Government Act and a report be brought back to Council after the exhibition period for adoption.

 

 

Cr Finlayson and Cr Hoban left the meeting for Item 8.6 at 8.31 pm and returned to the meeting at 8.33 pm at the conclusion of the Item 8.6.

 

In the Mayor’s absence the Deputy Mayor took the Chair for the duration of Item 8.6.

 

ITEM 8.6      RF400                150710      Section 94 Developer Contributions - Smiths Lane - Local Roads                  and Traffic Contribution Plan 2010

2275/10 RESOLVED:       (Finlayson/South)

 

That Council endorse the Draft Smiths Lane Local Roads and Traffic Infrastructure Developer Contribution Plan 2010 for public exhibition for a period of 28 days

 

 


Item 8.7 was dealt with under Delegations.

 

 

 

ITEM 8.8      SF1535              150710      Bowraville Golf Course - Management Arrangements

2276/10 Resolved:       (Finlayson/South)

 

That Council note the current lease arrangements for Lot 482 DP 780061—Bowraville Golf Course.

 

 

 

General Manager Report – LATE

 

ITEM 8.9      SF1213              150710      Special rate Variation and Making of Rates 2011/2011 -                     Amendment to Access charge for Sewerage Services

2277/10 RESOLVED:       (South/Finlayson)

 

That it be confirmed that in accordance with Section 501 of the Local Government Act 1993 the annual access charge for sewerage services to all properties connected or able to be connected to Council's sewer in accordance with Section 552(3) of the Local Government Act 1993 for 2010/2011 is made at four hundred and fifteen dollars ($415.00)  per assessment for single residential connections, one hundred and seventy four dollars ($174.00)  per assessment for 20mm non residential connection, five hundred and twenty six dollars ($526.00) per assessment for 40mm non residential connection, eight hundred and one dollars ($801.00) per assessment for 50mm non residential connection, two thousand one hundred and ninety eight dollars ($2,198.00) per assessment for 80mm non residential connection, three thousand and ninety four dollars ($3,094.00) per assessment for 100mm non residential connection and one hundred and eighty one dollars ($181.00) for vacant land/non connection with a sewer usage charge of two dollars and thirty eight cents ($2.38) per kilolitre to be calculated on the estimated volume discharged  from all properties excluding single residential connections using the total water consumption based on Land and Water Conservation's formula and Department of Energy, Utilities and Sustainability's best practice pricing guidelines and such charge to have a short title of "Sewerage Charge".

 

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

 

 

 

ITEM 8.10    SF394                150710      Report on Investments to 30 June 2010

2278/10 RESOLVED:       (Finlayson/Ainsworth)

 

That the Accountants’ Report on Investments placed to 30 June 2010 be noted.

 

 

 

Director Environment and Planning Report

 

ITEM 9.1      SF1261              150710      Outstanding DA's Greater Than 12 Months, Applications Where                                    Submissions Received Not Determined to 5 July 2010

2279/10 RESOLVED:       (Smyth/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 9.2      SF1261              150710      DA's and CDC's Received and Determined Under Delegated                                         Authority 22 June-30 June 2010

2280/10 RESOLVED:       (Moran/Finlayson)

 

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

 

 

 

ITEM 9.3      SF1261              150710      DEP Applications and Statistical Reports July 2009-June 2010,                    2002-2010 and Certificates Received 2004-2010

2281/10 RESOLVED:       (Moran/Court)

 

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 9.4      SF285                150710      Report on the Community Services Committee meeting held                        29 June 2010, including Annual General Meeting

2282/10 RESOLVED:       (Flack/Smyth)

 

1          That Council endorse the members of the Community Services Committee listed as follows: Ms Mari Webb, Mr Paul Sekfy (Neighbourhood Centre Coordinator), Ms Glenys Munro (NV Community Services Council Inc), Ms Kerrie Bowtell (TAFE Outreach), Ms Suzanne Homes (Centrelink), Mr Glenn Robinson (Coffs Clarence Health Participation Forum), Mr Ross Chalmers (Regional Transport Co-ordinator), Ms Denise Olsen (Nambucca Valley Children’s Group Inc and Family Support Services), Ms Angie Evans, Ms Gillian Howie (Centrelink), Ms Chris Latta (Community Services agency), and Ms Jenny Zirkler; noting that the position of Chairperson will remain vacant at this stage with an appointment to be made at the next ordinary meeting; and that when ordinary meetings are held they will be on the second Tuesday of that month at 2.30 pm.

 

2          That Council notes the information on problem gambling and undertakes to raise the issue of problem gambling in the Nambucca Shire with the media as a matter of community concern.

 

 

 

ITEM 9.5      SF1148              150710      Contract Regulatory Officer's Report - June 2010

2283/10 RESOLVED:       (Court/Finlayson)

 

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

 

 


 

Director Engineering Services Report

 

ITEM 10.1    SF843                150710      Nambucca Shire Vehicular Access to Beaches Committee                          Meeting Minutes - 25 June 2010

2284/10 RESOLVED:       (Ainsworth/Court)

 

That the minutes of the Nambucca Shire Vehicular Access to Beaches Committee meeting held on the 25 June 2010 be noted and adopted.

 

 

 

ITEM 10.2    SF1031              150710      Policy Review - Tree Maintenance and Removal

2285/10 RESOLVED:       (Ainsworth/Flack)

 

That Council revise the policy Tree Maintenance and Removal Application to exclude the payment of a fee and the reference to the Environmental Planning and Assessment Act.

 

 

 

ITEM 10.3    RF437                150710      Tree Planting - Bowra Street, Nambucca Heads

2286/10 RESOLVED:       (Moran/South)

 

That the Nambucca Heads Chamber of Commerce and Industry be given a copy of the 2003 Nambucca Heads Town Centre Plan so that they can provide feedback on the original tree planting locations proposed for Bowra Street.

 

 

Item 10.4 was dealt with under Delegations.

 

 

 

ITEM 10.5    SF1185              150710      Tree Planting Plan 2010/2011

2287/10 RESOLVED:       (Flack/Smyth)

 

That Council adopt the 2010/2011 Tree Planting Plan.

 

 

 

ITEM 10.6    SF1360              150710      Flood Damage - February, March/April, May and                                                October/November 2009

2288/10 RESOLVED:       (Finlayson/Court)

 

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 30 June 2010.

 

2289/10 Resolved:       (Moran/Hoban)

 

That Council consult with the Roads and Traffic Authority concerning their proposals for Deep Creek Bridge in providing access with the new Highway.

 

2290/10 Resolved:       (Hoban/Flack)

 

That the General Manager, on behalf of Council, congratulate staff who have been involved with flood damage work on a job well done.

 

 


 

ITEM 10.7    T011/2010           150710      Tender for Motor Grader CCF Class 15 - Tender T011/2010

2291/10 RESOLVED:       (Ainsworth/Finlayson)

 

That Council accept the tender submitted by WesTrac Pty Ltd for the supply of a Caterpillar 120M motor grader and purchase of Council’s Caterpillar 12H motor grader.

 

 

 

General Purpose Committee REPORT

 

ITEM 8.1           SF1480          150710      Nambucca Beach Holiday Park - Proposed Lease for                                              Encroachments onto Reserve R88941

                                                             (Item 8.1 in the General Purpose Committee)

2292/10 Resolved:       (Court/Ainsworth)

 

1          That Council in its capacity as Reserve Trust Manager for Reserve R88941 offer to the Registered Proprietor of Lot 162 in DP755560 (“the Operator”) a twenty one years (21) Lease of part Lot 7003 DP 1113130 and part  Lot 7001 DP1117183 being the area encroached upon by improvements on the Nambucca Beach Holiday Park on the proviso:

 

i           The Operator meets all costs associated with the preparation and registration of the Lease;

ii          The Operator, at the operators expense, establishes an APZ on the Northern and Eastern boundaries of the Park in accordance with and pursuant to the recommendations and directions of the Land and Property Management Authority;

iii         That all other encroachments will be entirely removed prior to or upon expiry of the Lease;

iv         The Lease contain any other term or condition deemed necessary by Council’s Legal advisors on the matter;

v          That there be no additional or replacement infrastructure or gardens within the leased area.

 

2          That the rent under the proposed Lease of part Lot 7003 DP 1113130 and part  Lot 7001 DP1117183 be determined by independent market evaluation on a best and highest use basis, such valuation to be obtained at the expense of the Lessee.

 

3          The Operator of the Nambucca Beach Holiday Park be advised that Council is unable to renew the Operating Approval for the Caravan Park/Holiday Centre until such time as the encroachment issues are either resolved or a new Lease over part of the adjoining Reserve area R88941 is granted.

 

4          That the General Manager and the Mayor be authorised to conclude negotiations for the Lease terms and conditions and execute all documents required to give effect to the Lease of part Reserve R88941.

 

2293/10 Resolved:       (Hoban/Flack)

 

5          That Council implement a systematic approach to the inspection of the Caravan Park to ensure encroachments are acted upon immediately and that a photographic record of encroachments be placed on file.

 

2294/10 Resolved:       (Hoban/Court)

 

6        That Council receive a report detailing relocation and engineering options to address the dwelling located over the sewer rising main with the engineering option including the costing.

 

 


 

Item 8.2 was, by resolution, dealt with earlier in the meeting.

 

 

 

ITEM 8.3           SF15             150710      Saleyard fee comparison

                                                             (Item 8.3 in the General Purpose Committee)

2295/10 RESOLVED:                 (Court/Finlayson)

 

1          That Council note the contents of this report in considering the recommendations in the report on workshop for saleyard safety and compliance presented to Council 17 June 2010.

 

2          That Council consult with the Showground committee of Management to clearly identify an area of approximately 7950sq m immediately around the saleyards for the exclusive use for the saleyards and contain the area with appropriate fencing and signage.

 

3          That Council undertake the minimum work required to make ready the saleyards for a long term lease arrangement (say 15 years.)

 

4          That Council advertise by Tender for suitably qualified parties to operate the saleyard under a 15 year lease arrangement on terms deemed necessary by councils legal advisors.

 

5          That a report come to Council on the response to the Tender for suitable parties to operate the saleyard under a long term lease arrangement.   

 

 

 

ITEM 9.1           SF218            150710      Extension of Sewer to the Lower Nambucca and Shire Villages                    (Item 9.1 in the General Purpose Committee)

2296/10 RESOLVED:       (Moran/Ainsworth)

 

1          That Council undertake a review of the investigations for the extension of a reticulated Sewerage System to the Lower Nambucca area. With the review to include revised cost estimates, an implementation program and options for financing the extension.  There is to be consultation with the property owners as part of the review.

 

2          That Council undertake further investigations into the provision of a reticulated Sewerage System to the two villages of Eungai Rail and Eungai Creek or alternative on site sewerage management arrangements that can provide satisfactory treatment in a satisfactory manor.  There is to be consultation with residents as part of the investigation.

 

3          There is to be moratorium on new urban development in the Lower Nambucca until such time as satisfactory arrangements are made for a reticulated sewerage system.

 

 

 

Item 9.2 was dealt with under Delegations.

 

 


 

ITEM 10.1         SF1031          150710      Policy Review - Smoke Free Outdoor Areas

                                                             (Item 10.1 in the General Purpose Committee)

2297/10 RESOLVED:       (Flack/South)

 

That Council extend the areas covered under the Smoke Free Outdoor Policy to include:

 

1        Areas within 10 metres of the marked perimeter of sports fields

2        On public beaches between the lifeguard flags

3        The frontage and within 50 metres of a hotel property side boundary on each side on the public footpath

4        Within the area designated as outdoor dining on a public footpath for new approvals.  Commencement date for existing approvals is 1 October 2011.

 

 

 

ITEM 10.2         SF1031          150710      Policy Review - Noxious Weeds and Animals - Control of                                        Camphor Laurel (Item 10.2 in the General Purpose Committee)

2298/10 RESOLVED:       (Flack/Ainsworth)

 

That Council delete the Policy—Noxious Weeds and Animals – Control of Camphor Laurel noting that it has been replaced with the Class 4 Noxious Weeds Plan of Management.

 

 

 

ITEM 10.3         SF382            150710      Scotts Head Master Plan

                                                             (Item 10.3 in the General Purpose Committee)

MOTION:      (Court/Finlayson)

 

1        That Council adopt a period of 21 years as the period of the lease.

 

2        That Council advise the Land and Property Management Authority of the staged lease payment proposal starting at $17,500 in year 1 and reaching $50,000 in year 5 adjusted by CPI each year.

 

3        That the Mayor and General Manager be delegated the authority to negotiate the lease but if it is not in accordance with Recommendation 2 that it be brought back to Council.  Further, the creation of the village green be identified as a first priority for implementation in the lease and that access to the beach be another condition in the lease.

 

Amendment:       (Ainsworth/Smyth)

 

That the matter be deferred until confirmation is received that the matter of the village green be the first priority.

 

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

 

MOTION       (Ainsworth/Smyth)

 

That the matter be deferred until confirmation is received that the matter of the village green be the first priority.

 

FURTHER Amendment:          (Court/Hoban)

 

1        That the matter be deferred until confirmation is received that the matter of the village green be the first priority.

 

2        That if the confirmation to item 1 is received, at least by email, the following occur:

 

i         That Council adopt a period of 21 years as the period of the lease.

 

ii        That Council advise the Land and Property Management Authority of the staged lease payment proposal starting at $17,500 in year 1 and reaching $50,000 in year 5 adjusted by CPI each year.

 

iii       That the Mayor and General Manager be delegated the authority to negotiate the lease but if it is not in accordance with Recommendation 2 that it be brought back to Council.  Further, the immediate implementation of the village green and access to the beach be conditions of the lease.

 

Cr Court called for a Division

 

FOR THE MOTION           Councillors Court, Hoban, South and Finlayson        (Total 4)

AGAINST THE MOTION             Councillors Flack, Smyth, Ainsworth and Moran       (Total 4)

 

Note:  The Mayor was not prepared to provide a casting vote on such an important matter in the absence of Cr Ballangarry.

 

The amendment LAPSED.

 

2299/10 Resolved:       (Ainsworth/Smyth)

 

That the matter be deferred until confirmation is received that the matter of the village green be the first priority.

 

   

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 9.50 pm. 

 

Confirmed and signed by the Mayor on 5 August 2010.

 

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)