Minutes of Ordinary Council Meeting

NAMBUCCA SHIRE COUNCIL
Ordinary Council Meeting
MINUTES OF THE Ordinary Council Meeting HELD ON 05 November 2009

PRESENT

Cr Rhonda Hoban (Mayor)	Cr John Ainsworth
Cr Janet Court	Cr Brian Finlayson
Cr Mike Moran OAM	Cr Elaine South

ALSO PRESENT

Michael Coulter (General Manager)	Bruce Redman (Director Engineering Services)
Greg Meyers (Director Environment & Planning)	Monika Schuhmacher (Minute Secretary)

APOLOGIES

Cr Martin Ballangarry OAM )

Cr Paula Flack ) Attending NSW Coastal Conference

Cr Anne Smyth )

PRESENTATION TO COUNCIL OF ACQUISITIVE ART PRIZE

Ms Bonnie Tardiani, Vice President of the Arts Council presented Council with its Acquisitive Art Prize—a painting by Ms Lynne Greentree - "North From Captain Cook's Lookout".

PRAYER

Pastor Jon Ventham offered a prayer on behalf of the Nambucca Minister's Association.

Ordinary Council Meeting

DISCLOSURE OF INTEREST

There were no disclosures of interest.

CONFIRMATION OF MINUTES - Ordinary Council Meeting 15 October 2009

1673/09 RESOLVED: (Moran/South)

That the minutes of the Ordinary Council Meeting of 15 October 2009 be confirmed.

NOTICE OF MOTION - CR Moran OAM

ITEM 5.1 SF1269 051109 Notice of Motion - Caravan Parks on Crown Land to Pay General Rates

1674/09 RESOLVED: (Moran/South)

That Nambucca Shire Council write to the Premier and Lands Department and to the Minister for Local Government requesting that caravan parks on crown land pay general rates.

NOTICE OF MOTION - CR Moran OAM

ITEM 5.2 SF1269 051109 Population of Macksville Urban Area

1675/09 RESOLVED: (Moran/South)

That Nambucca Shire Council check with the Australian Bureau of Statistics regarding the population of Macksville Urban Area taking into account Wedgewood Drive, parts of Wallace Street, Reid Street, the new development of Grant Crescent, Rowe Drive, Crispin Cove, Preston Drive, Graham Close, George Close, Glenmore Crescent, Grandview Drive, Nursery Road, parts of River Street and Gumma to ascertain the true population of Macksville Urban Area.

NOTICE OF MOTION - CR Moran OAM

ITEM 5.3 SF1269 051109 Notice of Motion - Sea Level Rises

1676/09 RESOLVED: (Moran/South)

That Council object to the State Government legislation regarding Local Government paying for damage to property due to sea level rises as Council believes it is a natural disaster and that individuals should be responsible themselves through their insurance.

DELEGATIONS

Resolved: (South/Ainsworth)

That the following delegations be heard:

ITEM 11.3 PRF53 051109 River Street Foreshore - Macksville - Landscape Development Plan

i) Mrs Libby Ussher

ITEM 11.7 SF382 051109 Scotts Head Master Plan - Financial Models

i) Mr Greg Hill

ii) Mr Terry Moan

Ms Libby Ussher addressed Council making the following points:

· Congratulations to Council on Plan for riverbank at Macksville

· Joan’s Army should also be congratulated

· Supports the Plan being approved subject to correct plant selection.

ITEM 11.3 PRF53 051109 River Street Foreshore - Macksville - Landscape Development Plan

Motion: (Moran/Finlayson)

1 That Council adopt the concept plans developed by Roger Williams & Associates for the River Street Foreshore west of the Macksville Bridge.

2 That the plan be implemented as funds permit including item suitable through the Environmental Levy.

Amendment: (Ainsworth/Court)

That the River Street Foreshore - Macksville - Landscape Development Plan be put to next General Purpose Committee meeting and the Consultant to address Council and that Joan’s Army be invited to attend.

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

1677/09 Resolved: (Ainsworth/Court)

That the River Street Foreshore - Macksville - Landscape Development Plan be listed for the next General Purpose Committee meeting with the Consultant to address Council and that Joan’s Army be invited to attend.

DELEGATIONS continued

Mr Greg Hill addressed Council making the following points:

· Has been a resident of Scotts Head for twelve years

· The Plan is not in best interest of the community

· Need to maintain revenue stream from vans

· What is the non-neg aspect of the Plan

· Believes the Plan should be to increase access to Scotts Head

· Generating $100,000 letting go for $15,000 not economically sound

· We have a responsibility to seek better deal for community

· Request that independent advice sought before endorsement of Plan

· Sound financial management and best return for community land

· If vans must be removed, if Council retains land, van owners can be required to pay

· Solutions in Plan are contradictory to benefit of community and Shire

Mr Terry Moan addressed Council making the following points:

· Crown land problem – drainage

· Some drainage absorbed by sand on oval

· No necessity for complicated drainage system

· Exacerbate flooding problem down stream

· Part of LEP to address wetland

· Lost opportunity for long term revenue for Shire

· Congestion at caravan park entrance occurs for short periods only

· Use of traffic calming and signage would address this issue

· Using oval for civic green, currently closed off, difficult to access as it is

· Markets would be an opportunity if space left as is

· No surveys and no serious analysis of issues has not been undertaken

· Could be considered there is a bias by Council to Dept of Lands’ interests

· Independent advice should be sought.

ITEM 11.7 SF382 051109 Scotts Head Master Plan - Financial Models

1678/09 RESOLVED: (Moran/Finlayson)

That this item be deferred to the next Council meeting on 19 November 2009.

Motion: (Court/Ainsworth)

That Council’s Code of Meeting Practice be reviewed as a matter of urgency to ensure that Rescission Motions be lodged within three (3) working days and dealt with at the next Ordinary Meeting of Council.

Amendment: (Hoban/Finlayson)

That Council’s Code of Meeting Practice be reviewed as a matter of urgency to ensure that Rescission Motions are lodged within two (2) working days and dealt with at the next Ordinary Meeting of Council.

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

1679/09 Resolved: (Hoban/Finlayson)

ASKING OF QUESTIONS WITH NOTICE

There were no questions with Notice.

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

There were no question for Closed Meeting where due Notice has been received.

General Manager Report

ITEM 9.1 SF959 051109 Outstanding Actions and Reports

1680/09 RESOLVED: (Ainsworth/Court)

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

1681/09 Resolved: (Moran/Court)

That the Draft Management Plan Sub-Committee provide progress reports on their work.

ITEM 9.2 SF1120 051109 Grant Application Status Report - 31 October 2009

1682/09 RESOLVED: (Ainsworth/Finlayson)

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

ITEM 9.3 SF1102 051109 Draft Integrated Water Cycle Management (IWCM) Strategy

MOTION: (Moran/Finlayson)

2 That Council conduct a Value Management workshop to examine the financial components of the IWCM, including the Bowraville Off River Storage (BORS); the rate modelling and forecast developer contributions; as well as typical residential bills and developer contributions in other local government areas.

3 That all interested Councillors together with the Director Engineering Services, Manager Water and Sewerage, General Manager, Manager Financial Services and relevant staff from the Office of Water and the Department of Commerce participate in the Value Management workshop.

Amendment: (Court/Ainsworth)

1 That Council adopt in principle the Draft Integrated Water Cycle Management Strategy, scenario 3.

Further Amendment: (Ainsworth/Hoban)

1 That Council adopt in principle the Draft Integrated Water Cycle Management Strategy, scenario 3.

4 That Council visit neighbouring off stream dams to get a better understanding of them.

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

1683/09 Resolved: (Ainsworth/Hoban)

1 That Council adopt in principle the Draft Integrated Water Cycle Management Strategy, scenario 3.

4 That Council visit neighbouring off stream dams to get a better understanding of them.

ITEM 9.4 SF329 051109 Crosswinds Wetland Nature Reserve Committee of Management - Annual General Meeting - 24 September 2009

1684/09 RESOLVED: (Moran/South)

That Council endorse the Crosswinds Wetland Nature Reserve Committee of Management's minutes of its Annual General Meeting held on 24 September 2009 and thank the outgoing Committee for their work in the past twelve months.

ITEM 9.5 SF309 051109 Bowraville Folk Museum Committee of Management - Financial Statement to 30 June 2009

1685/09 RESOLVED: (Moran/Court)

That Council note the financial details for the year ending 30 June 2009 for the Bowraville Folk Museum Committee of Management

ITEM 9.6 SF343 051109 Valla Public Hall Committee of Management - Annual General Meeting - 26 August 2009 - Minutes

1686/09 RESOLVED: (Moran/Court)

That Council endorse the minutes of the Committee of Management for the Valla Public Hall's Annual General Meeting held on 26 August 2009, and thank the outgoing Committee for their work in the past twelve months.

Director Environment and Planning Report

ITEM 10.1 SF1261 051109 Outstanding DAs greater than 12 months, applications where submissions received not determined, 26 October 2009

1687/09 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 10.2 SF1261 051109 DAs and CDCs Received and Determined under Delegated Authority 5-23 October 2009

1688/09 RESOLVED: (Ainsworth/Court)

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

ITEM 10.3 SF278 051109 Report on Nambucca Shire Council Application for Funding to Healthy Communities

1689/09 RESOLVED: (Moran/Ainsworth)

That Council endorse the lodgement of the Healthy Communities Funding Application – Drink? But Don’t Sink – which includes the employment of a Project Manager to coordinate the project for twelve (12) months.

ITEM 10.4 SF241 051109 Further Update on Exhibition of Draft Nambucca Local Environmental Plan 2009

1690/09 RESOLVED: (Court/Ainsworth)

That Council note that two (2) public information sessions are scheduled for Monday 16 November 2009 in the Council Chambers Macksville and Monday 23 November 2009 at the Entertainment Centre in Nambucca Heads both commencing at 6.00 pm.

ITEM 10.5 SF431 051109 Report on Draft Bushfire Prone Land Map

1691/09 RESOLVED: (Court/South)

That Council forward the draft 2009 Bushfire Prone Land Map to the Director General of the NSW Rural Fire Service for approval.

Director Engineering Services Report

ITEM 11.1 SF1031 051109 Revised Liquid Trade Waste Management Policy

1692/09 RESOLVED: (Court/South)

1 That Council note:

a) That the Liquid Trade Waste Management Policy has been updated in accordance with the Department of Environment Climate Change and Water (DECCW) requirement that it be based on their 2009 Model Policy in order to comply with the National Framework for Wastewater Source Management.

b) That the updated Policy does not differ from the current Policy in terms of Council’s treatment of designated trade waste dischargers and the fees and charges they incur.

c) The Department of Environment Climate Change and Water (DECCW) advice that the changes are not substantial and that public exhibition of the amended document is not required.

2 That Council adopt the updated Liquid Trade Waste Management Policy.

ITEM 11.2 SF844 051109 Nambucca District Water Supply Steering Committee Meeting - 30 September 2009

1693/09 RESOLVED: (Court/Ainsworth)

1 That Council adopt the minutes of the Nambucca District Water Supply Steering Committee Meeting held on 30 September 2009.

2 That the next meeting of the Nambucca District Water Supply Steering Committee be scheduled for late January 2010.

3 That Council note that the resolution to adopt the Environmental Impact Statement for public exhibition for a period of 8 weeks from 20 October to 15 December 2009 was tabled at the previous meeting of Council held on 15 October 2009.

ITEM 11.3 was dealt with under Delegations.

ITEM 11.4 SF90 051109 Nambucca Shire Traffic Committee Meeting - 6 October 2009

1694/09 RESOLVED: (Court/South)

1 That the Nambucca Shire Traffic Committee ratify the regulatory signs and facilities associated with the pedestrian refuge, line marking and extension of the 40 km/h high pedestrian zone in Fraser Street and the 10 km/h shared zone in Back Street, Nambucca Heads.

2 That the Nambucca Shire Traffic Committee recommends that Council install a No Parking Zone in Willunga Avenue from the Pacific Highway west across the frontage of the Healthcare building.

3 1 That the Nambucca Shire Local Traffic Committee advise Council that the request for a 50km/h speed limit does not comply with the speed zone regulations of New South Wales.

2 That Council note that the Police have advised that extra patrols have been successfully implemented to the residents satisfaction.

4 1 That the Nambucca Shire Local Traffic Committee approve following Road closures subject to advertising in accordance with the Roads Act 1993:

Ford GT Show ‘n’ Shine – Saturday 31 October 2009 between 7.30 am – 1.30 pm

Bowra Street, Nambucca Heads – Ridge to Rosedale Streets

St Patrick’s School Fete – Friday 20 November 2009 between 12 Noon – 7.00 pm

Wallace Street, Macksville, Durkin Street – Boundary Street.

2 That the Nambucca Shire Local Traffic Committee reconsider the approvals should objections be received.

5 1 That Council note that requirements regarding the level of disability and most other conditions have not changed when applying for a Disabled Parking Permit.

2 That Council note that disabled parking permits are to be reviewed every 3 years for eligibility.

6 That the Macksville Gift Parade on the 14 November 2009 be approved subject to the implementation of the Traffic Management Plan arrangements with NSW Police and obtaining a Road Occupancy Licence from the Roads and Traffic Authority.

7 That Council note that the Roads and Traffic Authority is to review the intersection signage following a report that a vehicle had turned from Browns Crossing Road into the wrong carriageway on the Pacific Highway.

8 1 That Council note that the Roads and Traffic Authority have reviewed the request for an extension of the 60 km/h zone south at Lower Nambucca and advise that the existing 80 km/h speed limit is appropriate.

2 That Council apply for funding to widen the shoulders on each side of the highway to provide a safe school bus pull off area to address the reason for the speed reduction request.

9 1 That Council under delegated authority from the Roads and Traffic Authority prohibit trucks (articulated heavy vehicles) from using the car park at the Macksville Aquatic Centre (see General Business Item GB26/09).

2 That this resolution be placed before the Nambucca Shire Local Traffic Committee for endorsement once adopted by Council.

ITEM 11.5 SF1426 051109 Review of Drought Management Plan

1695/09 RESOLVED: (Finlayson/Court)

That the information on the Review of Drought Management Plan be noted by Council.

ITEM 11.6 SF1426 051109 Revision of Water Restriction Levels for the Nambucca Shire

Motion: (Court/South)

That Council endorse the proposed revisions to the Water Restriction Levels as shown in the attached document.

Amendment: (Court/South)

1 That Council endorse the proposed revisions to the Water Restriction Levels as shown in the attached document.

2 That outdoor showers have flow restrictors from Level 2 and above water restrictions.

3 That with Levels 1 and 2 water restrictions single hand held hose to have trigger on nozzles.

Further Amendment: (Ainsworth/Finlayson)

1 That Council endorse the proposed revisions to the Water Restriction Levels as shown in the attached document.

2 That outdoor showers have flow restrictors from Level 2 and above water restrictions.

3 That with Levels 1 and 2 water restrictions single hand held hose to have trigger on nozzles.

4 That washing driveways be allowed at Level 1 water restrictions with a trigger nozzle.

5 That road maintenance can occur at Level 2 water restriction.

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

1696/09 Resolved: (Ainsworth/Finlayson)

1 That Council endorse the proposed revisions to the Water Restriction Levels as shown in the attached document.

2 That outdoor showers have flow restrictors from Level 2 and above water restrictions.

3 That with Levels 1 and 2 water restrictions single hand held hose to have trigger on nozzles.

4 That washing driveways be allowed at Level 1 water restrictions with a trigger nozzle.

5 That road maintenance can occur at Level 2 water restriction.

1697/09 Resolved: (Court/South)

That the water restriction levels be placed on Council’s website and any notice boards.

ITEM 11.7 was dealt with under Delegations.

ASKING OF QUESTIONS WITHOUT NOTICE

QWN280/09 - Cr. Michael Moran (Ref SF1269)

Cr Moran tabled a list of snags in the River as requested by NSW Maritime.

QWN281/09 - Cr. Elaine South - Boat Sewerage Dump - Macksville (Ref SF1269)

Cr South informed the Director Engineering Services that recently a boat dumping sewerage at the wharf in Macksville produced an offensive smell.

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

1698/09 RESOLVED: (Court/Ainsworth)

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 below.

Reason reports are in Closed Meeting:

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.

CLOSED MEETING

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.40 pm.

RESUME IN OPEN MEETING

1699/09 RESOLVED: (Ainsworth/South)

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 7.44 pm

FROM COUNCIL IN CLOSED MEETING

ITEM 13.1 SF61 051109 T013/2009 - Tender Surf Life Saving Services

1700/09 Resolved: (Court/Finlayson)

1 That Council accept the Tender of Surf Life Saving Services Pty Ltd (trading as the Australian Lifeguard Services) for the provision of Surf Life Saving Services on the Nambucca Valley Beaches for four years as per the Director's report.

2 That Council write to Scotts Head Reserve Trust and request assistance in funding the provision of surf life saving services.

CLOSURE

There being no further business the Mayor then closed the meeting the time being 7.45 pm.

Confirmed and signed by the Mayor on 19 November 2009.

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)