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Ordinary
Council Meeting |
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MINUTES OF THE Ordinary Council
Meeting HELD ON 16 April 2009 |
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PRESENT
Cr Rhonda
Hoban (Mayor) |
Cr John
Ainsworth |
Cr
Martin Ballangarry OAM |
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Cr
Brian Finlayson |
Cr Paula
Flack |
Cr Mike
Moran OAM |
Cr Elaine
South |
Cr Anne
Smyth |
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ALSO PRESENT
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Monika
Schuhmacher (Minute Secretary) |
Greg
Meyers (Director Environment & Planning) |
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APOLOGIES
There
were no apologies.
Ordinary Council Meeting
SUBJECT: DISCLOSURE
OF INTEREST
Councillor RH Hoban declared a non-pecuniary
significant conflict of interest in Item 9.4 Commercial Release of Genetically Modified Rose under the Local
Government Act as she is involved in aspects of the horticulture industry where
genetic modification is practised.
Council A Smyth declared a non-pecuniary
insignificant conflict of interest in Item 9.4 Commercial Release of Genetically Modified Rose under the Local
Government Act as the
NOTICE OF MOTION – CR Moran OAM
That Council
refuse to pay the amount (whatever it is). Amendment: (Court/Moran) That
a report be brought to Council explaining why Council has to pay the
additional superannuation contribution. The
amendment was carried and became the motion and it was: 1137/09 Resolved: (Court/Moran) That a report be brought to Council
explaining why Council has to pay the additional superannuation contribution. |
NOTICE OF MOTION – CR Moran OAM
NOTICE OF MOTION – CR Moran OAM
That Council
ascertain whether residential development can be stopped in Amendment: (Court/Ainsworth) That Council advise the relevant
departments of the flooding problems and advise them of Council’s Flood Plain
Risk Management Plan. The amendment was carried and became the
motion and it was: 1139/09 Resolved: (Court/Ainsworth) That Council advise the relevant departments of the flooding problems
and advise them of Council’s Flood Plain Risk Management Plan. |
NOTICE OF MOTION – CR Hoban
NOTICE OF MOTION – CR Flack - LATE
1 That business papers for
Council’s Ordinary Meeting and the General Purpose Committee meeting business
papers be posted on Wednesdays. 2 That the Meeting Code of
Practice be amended when Council next reviews the Meeting Code of Practice. Amendment: (Court/Flack) 1 That posting of the business papers for Council’s Ordinary meeting and the General Purpose Committee meeting only occurs for the second meeting ie when the General Purpose Committee meeting is to be held. 2 That the Meeting Code of
Practice be amended when Council next reviews the Meeting Code of Practice. The amendment was carried and became the motion and it was: 1141/09 Resolved: (Court/Flack) 1 That posting of the business papers
for Council’s Ordinary meeting and the General Purpose Committee meeting only
occurs for the second meeting ie when the General Purpose Committee meeting
is to be held. 2 That the Meeting Code of Practice be
amended when Council next reviews the Meeting Code of Practice. |
NOTICE OF MOTION –
1143/09 Resolved: (Ainsworth/Finlayson) That the following delegations be heard: GENERAL PURPOSE COMMITTEE—15 April 2009 8.1 Pioneer Community Centre (i)
Mr Paul Cole—Vice President of the Pioneer Community Centre Committee (ii)
Mr Ron Hawkins—Secretary of Radio 2NVR DELEGATIONS continued IN CLOSED MEETING: ......... 12.2 Non-Compliance with Local Government Order
No 7 to Fence Property to Prevent Goats Straying onto Graces and North
Arm Roads, Argents Hill (i)
Ms Diane Desic—property owner |
Mr Cole
addressed Council making the following points:
|
Mr
Hawkins addressed Council making the following points:
|
1147/09 RESOLVED: (Ainsworth/Moran )
That Council proceed in Closed Meeting in
order to hear the delegation from Ms Desic regarding Item12.2 - Non-Compliance with Local Government
Order No 7 to Fence Property to Prevent Goats Straying onto Graces and North
Arm Roads, Argents Hill—the time being
6.14 pm.
1148/09 Resolved: (Flack/Ballangarry) That
Council return to Open Meeting the time being 6.21 pm. |
OPEN MEETING
General Manager Report
The Mayor, Cr Hoban, left the meeting at
6.35 pm and the Deputy Mayor, Cr Ainsworth, took the Chair.
Cr Hoban returned after the item and resumed
the Chair at 6.42pm.
General Manager Report - LATE
General Manager Report - LATE
ITEM 9.8 SF394 160409 Report on Investments to 31 March 2009 |
1156/09 RESOLVED: (Moran/South) That the Accountants’ Report on Investments placed to 31 March 2009 be
noted. |
Director Environment and
Planning Report
Note: Cr Moran requested that his vote be recorded
as against this resolution as he does
not support it.
Note: Cr Moran requested that his vote be recorded
as against this resolution as he
believes it is the police department’s job.
ITEM 10.10 SF241 160409 Report on the Minutes from Nambucca Local Environmental Plan
2008 Workshop |
1 That Council ensure that
the above recommendations 2-7 from the Minutes of the Councillor Workshop
held on 3 April 2009 reflect the intention of Council, noting the Director’s
comment in the summary section of this report. 2 That the Minutes from
the Councillor Workshop held on 3 April 2009 be adopted. Amendment: (Flack/Court) That
each item in the minutes from the Nambucca Local Environmental Plan 2008
Workshop be dealt with individually. The
amendment was carried and it became the motion and it was: 1167/09 Resolved: (Flack/Court) That each item in the minutes from the
Nambucca Local Environmental Plan 2008 Workshop be dealt with individually. 1168/09 Resolved: (Ainsworth/South) 2 That Council not support the
incorporation of a foreshore building line into the Nambucca LEP 1995 Draft
Amendment No 68 for FOR the Motion were:
Councillors Hoban, Court, Ballangarry, Flack, Smyth, Finlayson, Ainsworth,
Moran and South. Total (9) AGAINST the Motion: Nil 1169/09 Resolved: (Ainsworth/Moran) 3 That Council not pursue under Section 54(4) of the Environmental
Planning and Assessment Act 1979, to inform the Director-General of the
Department of Planning (DoP) of Council’s decision to include a foreshore
building line into the provisions of Draft Amendment No 68 for Matthew
Street, Scotts Head. FOR the Motion were:
Councillors Hoban, Court, Ballangarry, Flack, Smyth, Finlayson, Ainsworth,
Moran and South. Total (9) AGAINST the Motion: Nil 1170/09 Resolved: (Ainsworth/Moran) 4 That Council not pursue the 5m height
limit at FOR the Motion were:
Councillors Hoban, Court, Ballangarry, Flack, Smyth, Finlayson, Ainsworth,
Moran and South. Total (9) AGAINST the Motion: Nil 1171/09 Resolved: (Ainsworth/Moran) 5 That Council not pursue the 5m height
limit at Scotts Head Youth Camp and the area immediately north of the Youth
Camp, as it is unjustified at this time. FOR the Motion were:
Councillors Hoban, Court, Ballangarry, Flack, Smyth, Finlayson, Ainsworth,
Moran and South. Total (9) AGAINST the Motion: Nil 1172/09 Resolved: (Court/Flack) 6 That in relation to the Caravan Parks
with an existing 5m height limit, Council rely on existing provisions to
control development and ensure inclusion of a 5m height limit within the
Nambucca LEP 2009. FOR the Motion were:
Councillors Hoban, Court, Ballangarry, Flack, Smyth, Finlayson, Ainsworth,
and South. Total (9) AGAINST the Motion: Cr
Moran. Total (1) 1173/09 Resolved: (Hoban/Ainsworth) 7 That all previous 5m areas be
displayed as 8.5m in accordance with SEPP (Exempt and Complying Development
Code) with the exception of all Caravan Parks currently 5m, throughout the
Shire, with the following note being placed on the height maps in the Draft
LEP 2009 “The area in Matthew Street is
under consideration for height limits through a Placed Based Study and that
the land currently permits 8.5m under the SEPP (Exempt and Complying
Development Code)”. FOR the Motion were:
Councillors Hoban, Court, Ballangarry, Flack, Smyth, Finlayson, Ainsworth,
Moran and South. Total (9) AGAINST the Motion: Nil 1174/09 Resolved: (Flack/Moran) 8 That Council notify all landowners
currently in the 5m height limit areas which are affected by the new SEPP
(Exempt and Complying Development Code) that Council proposes to exhibit the
Draft Nambucca LEP 2009 as 8.5m with a notation. FOR the Motion were:
Councillors Hoban, Court, Ballangarry, Flack, Smyth, Finlayson, Ainsworth,
Moran and South. Total (9) AGAINST the Motion: Nil 1175/09 Resolved: (Ainsworth/Moran) 9 That the standards for stockyards in
rural areas, have a maximum height of 3.6m and this is to include loading
races. FOR the Motion were:
Councillors Hoban, Court, Ballangarry, Flack, Smyth, Finlayson, Ainsworth,
Moran and South. Total (9) AGAINST the Motion: Nil 1176/09 Resolved: (Hoban/Ainsworth) 10 That Council
resolve to refer to the new comprehensive LEP as Draft Nambucca LEP 2009 and
incorporate the amendments as recommended and adopted by Council. FOR the Motion were:
Councillors Hoban, Court, Ballangarry, Flack, Smyth, Finlayson, Ainsworth,
Moran and South. Total (9) AGAINST the Motion: Nil 1177/09 Resolved: (Hoban/Ainsworth) 11 That Council request that the Director-General issue
Council with a Certificate pursuant to Section 65(1) of the EP&A Act, to
enable Council to exhibit the draft plan. FOR the Motion
were: Councillors Hoban, Court, Ballangarry, Flack,
Smyth, Finlayson, Ainsworth, Moran and South. Total (9) AGAINST the Motion: Nil 1178/09 Resolved: (Hoban/Ainsworth) 12 That once a Section 65 Certificate is
received from the Director-General for the Department of Planning, the Draft
LEP 2009 be placed on public exhibition for a period of 2 months. FOR the Motion
were: Councillors Hoban, Court, Ballangarry, Flack,
Smyth, Finlayson, Ainsworth, Moran and South. Total (9) AGAINST the Motion: Nil Motion: (Flack/Smyth) 13 That Council include the optional TPO Clause. The motion was LOST. FOR the Motion were: AGAINST the Motion: Councillors
Hoban, Finlayson, Ainsworth, Moran and South. Total (5) |
Director Engineering
Services Report
Note: Cr Moran requested that his vote be recorded
as against this resolution.
General Purpose Committee REPORT
Item 12.1 (8.1 In The
General Purpose Committee) was dealt with under
ITEM 12.2 SF365 160409 Grants Hall (Item 8.2 in the General Purpose
Committee) |
1183/09 RESOLVED: (Moran/Finlayson) That the information concerning Grants Hall be received. |
ASKING OF QUESTIONS WITHOUT NOTICE
GENERAL MANAGER’S REPORT
For Confidential Business Paper in Closed
Meeting
ITEM 9.5 SF1031 160409 Draft
Policy on Deferral of Section 94/64 Contributions
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
Director Engineering
Services Report
For Confidential Business Paper in Closed
Meeting
ITEM 12.1 7975/2009 160409 Council Owned Buildings for Public Use - Essential Fire
Measures
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.
For Confidential Business Paper in Closed
Meeting
ITEM 12.2 8796/2009 160409 Non-Compliance with Local Government Order No 7 to Fence
Property to Prevent Goats Straying onto Graces and North Arm Roads, Argents
Hill
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) (b) (e) of the Local
Government Act, 1993, on the grounds that the report contains a discussion in
relation to the personal hardship of a resident or ratepayer; AND the report
contains information that would, if disclosed, prejudice the maintenance of
law.
CLOSED
MEETING
The Ordinary Council Meeting IN CLOSED MEETING commenced at 8.24 pm.
That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 9.00
pm. |
FROM
COUNCIL IN CLOSED MEETING
GENERAL mANAGER’S Report
For Confidential Business Paper in Closed
Meeting
ITEM 9.5 SF1031 160409 Draft Policy on Deferral of Section 94/64 Contributions |
MOTion: That Council amend the existing
deferment policy to include the amendments described in this Report. Amendment: (Finlayson/Ainsworth) That Council’s policy be amended by the
inclusion of the right to accept deferred contributions based on progressive
land sales. The amendment was LOST. AMENDMENT: (Ainsworth/Hoban) That the timeframe for deferred
contributions be extended to 24 months. The amendment was carried and it became
the motion and it as 1192/09 Resolved: (Ainsworth/Hoban) That the timeframe for deferred contributions be extended to 24 months. |
Director Engineering
Services Report
For Confidential Business Paper in Closed
Meeting
DIRECTOR
ENVIRONMENT AND PLANNING
For Confidential Business Paper in Closed
Meeting
DELEGATION HEARD IN CLOSED MEETING:
ITEM 12.2 LF975 160409 Non-Compliance with Local Government Order No 7 to Fence
Property to Prevent Goats Straying onto Graces and North Arm Roads, Argents
Hill |
1194/09 RESOLVED: (Moran/Ainsworth) 1 That the landowner of
Lot 2 DP 837596, 1054-1060 Graces Road, Argents Hill, be advised that their
formal right of appeal to the issuing of Order No 7 under the Local
Government Act 1993 is to the Land & Environment Court, not Council. 2 That Council grant a
further extension of time to the 30 April 2009 to complete the fencing at the
Newee Creek property and to have the goats relocated. 3 Should the fencing
and relocation of the goats to the Newee Creek property not be finalised by
30 April 2009, Council proceed to take action to impound the straying goats
and investigate the possibility of further legal action to gain compliance
with Order No 7 as issued on 13 March 2009. |
CLOSURE
There
being no further business the Mayor then closed the meeting the time being 9.14
pm.
Confirmed
and signed by the Mayor on 7 May 2009.
CR RHONDA HOBAN
MAYOR
(CHAIRPERSON)