Minutes of Ordinary Council Meeting

NAMBUCCA SHIRE COUNCIL
Ordinary Council Meeting
MINUTES OF THE Ordinary Council Meeting HELD ON 19 November 2009

PRESENT

Cr Rhonda Hoban (Mayor)	Cr John Ainsworth
Cr Martin Ballangarry OAM (arrived at 5.46 pm)	Cr Janet Court
Cr Brian Finlayson	Cr Paula Flack
Cr Mike Moran OAM	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)

PRAYER

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

PRESENTATION OF COUNCIL'S FINANCIAL STATEMENT TO JUNE 2009

Mr Geoff Allen From Forsyth's – Council's Auditors – provided a presentation on Council's financial statement to 30 June 2009.

Ordinary Council Meeting

1701/09 Resolved: (Flack/Court)

That Item 11.9 Financial Statements – 30 June 2009 be brought forward.

ITEM 11.9 SF1121 191109 Financial Statements - 30 June 2009

/1702/0909 RESOLVED: (Flack/Court)

That the Financial Statements and the Auditor’s Reports for the year ended the 30 June 2009 be received and that Mr Allen be thanked for his presentation.

DISCLOSURE OF INTEREST

Councillor R Hoban declared a non-pecuniary significant conflict of interest in Item 11.6 Genetically Modified Vaccine under the Local Government Act as Cr Hoban has been involved in aspects of the horticulture industry that involve genetic engineering and modification. Cr Hoban left the meeting for this item.

Councillor PF Flack declared a non-pecuniary insignificant conflict of interest in Item 12.6 Report on Legal Advice Intensive Livestock–Keeping Establishment DA 2010/031 under the Local Government Act as Cr Flack's mechanic is one of the objectors.

Councillor AM Smyth declared a non-pecuniary insignificant conflict of interest in tem 12.6 Report on Legal Advice Intensive Livestock–Keeping Establishment DA 2010/031 under the Local Government Act as Cr Smyth as one of the objectors is the family mechanic.

CONFIRMATION OF MINUTES - Ordinary Council Meeting 5 November 2009

1703/09 RESOLVED: (Moran/Ainsworth)

That the minutes of the Ordinary Council Meeting of 5 November 2009 be confirmed.

1704/09 Resolved: (Court/Finlayson)

That the Questions with Notice be brought forward.

ASKING OF QUESTIONS WITH NOTICE

ITEM 13.4 SCOTTS HEAD MASTER PLAN - FINANCIAL MODELS

Cr Janet Court: In relation to Option B of Item 13.4 (Scotts Head Master Plan – Financial Models) the following questions are raised:

1. What would be the immediate fate of holiday vans on community land given that there is no amenities block and van sites do not comply with regulatory requirements?

The lease of land to the Department of Lands for the holiday vans expired on 30 June 2006. The Department of Local Government accepted that the expired lease could continue on a monthly basis until the draft masterplan is finalised. Council cannot continue to allow caravans to occupy its land without having a lease in place. If the Department of Land and Property Management were not interested in continuing with a similar lease arrangement to that which existed in the past, then Council would have to provide an amenities and laundry block or serve notice on the holiday vans to vacate the site. The cost of an amenities block incorporating a laundry would likely be in excess of $500,000.

Regardless of whether the lease is renewed or not, Council has a Fire Safety Strategy Assessment dated May 2008 which indicates that separation distances are inadequate and that an internal access road is required to provide access to the front of all caravan sites on Lot 104. A separate access road would cost between $100,000 to $150,000 to construct.

Therefore, all caravans will need to be moved and some will need to be permanently removed from the site.

Council would need to give notice to the holiday van owners to move their caravans.

2. If vans were to be moved to meet with regulatory requirements, who would be responsible for funding the re-siting of the vans?

The owner of the caravan would be expected to meet the cost.

3. If vans were to be removed totally, who would be responsible for funding the removal?

Some caravans will have to be removed from the site to ensure compliance with the Fire Regulations, and again, the owners would be required to meet this cost.

4. Would stormwater network upgrades still be required and, if so, what upgrades would be required and who would be responsible for funding them?

There has been a history of stormwater issues in the area. The existing pipe work in the vicinity of the holiday vans needs maintenance. There are regular complaints about odour and there needs to be improved flow paths for overflows. These are problems that need to be addressed and funded no matter how the area develops.

5. Who would be responsible for funding the rehabilitation of the site if holiday vans were to be removed?

Council would have to modify the drainage, remove services etc and restore the site to park land.

6. What Departmental funds from option A are not available to Council if Option B is Council’s preferred option?

Based on the last presentation to Council, the Department would make no funds available to Council. This would include the $200,000 identified in Option A for stormwater work as well as the loss of lease income which is currently $15,800 per annum.

notice of rescission

ITEM 9.1 SF382 191109 Notice of Rescission - Scotts Head Master Plan - Presentation by Department of Lands and Integrated Site Design (ISD)

1705/09 RESOLVED: (Moran/Flack)

That Council rescind resolution 1663/09: That Council support in principle the model put forward by Integrated Site Design but review the financial details of alternate modelling Option B before proceeding with further detailed discussions.

NOTICE OF MOTION – cR COURT

ITEM 8.1 SF1269 191109 Notice of Motion - Leave of Absence - Cr Janet Court - 18 December 2009 to 16 January 2010 Inclusive

1706/09 RESOLVED: (Court/Moran)

That Cr Janet Court be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 18 December 2009 to 16 January 2010 inclusive.

NOTICE OF MOTION – CR HOBAN

ITEM 8.2 SF1269 191109 Notice of Motion - Load Limited Bridges - Browns Crossing Road

1707/09 RESOLVED: (Hoban/Moran)

That Council write to Australian Rail Track Corporation requesting an urgent on-site review of the load limits on their bridges on Browns Crossing Road and, if the limits are justified, requesting in the short term, urgent repairs to improve the load limit to accommodate water and septic pump out trucks, and in the longer term, priority for replacement.

NOTICE OF MOTION – CR HOBAN

ITEM 8.3 SF1269 191109 Notice of Motion - Bushfire Risk - Valla Beach Reserves

1708/09 RESOLVED: (Hoban/Ainsworth)

That Council request that the Rural Fire Service conduct an appraisal of all public reserves in the Valla Beach area that interface with residential land and notify reserve owners of any steps necessary, on their land, to minimise the risk to life and property.

NOTICE OF MOTION - HOBAN

ITEM 8.4 SF1269 191109 Notice of Motion - Licensing of Riverbank Restoration Works

1709/09 RESOLVED: (Hoban/Court)

That Council write to the Department of Lands and ask what consent procedures Council must follow in the case of emergency riverbank restoration work and whether a license is required.

NOTICE OF MOTION – CR MORAN OAM

ITEM 8.5 SF1269 191109 Notice of Motion - Expenses for Councillors at Conferences

1710/09 RESOLVED: (Moran/South)

That all expenses associated with Councillor attendance at conferences are covered by members expenses allocation and that no separate or additional allocations be made in Council’s budgets.

NOTICE OF MOTION – CR FLACK

ITEM 8.6 SF1269 191109 Notice of Motion - Use of Hearing Loop and PA System for Council Meetings

motion: (Flack/Ballangarry)

That Councillors use their own discretion as to whether they stand or sit to speak but either way, ensure that their microphone is switched on prior to speaking, that they speak clearly without obstructing their mouths and that they speak directly into the microphone to ensure that the hearing loop is fully functional and that Councillors meet their legal obligations under the Disability Discrimination Act 1992.

The motion was LOST.

DELEGATIONS

1711/09 1712/09 Resolved: (Court/Ainsworth)

That the following delegations be heard:

12.6 Report on Legal Advice Intensive Livestock-keeping Establishment - DA 2010/031

i) Mr Geoff Goesch—Objector

ii) Mr Ben Luff, GHD—Objector on behalf of Bill Rainey

iii) Mr Bret Goodwin—On behalf of applicant

iv) Mr Peter Henderson—On behalf of applicant

13.4 Scotts Head Master Plan - Financial Models

i) Mr Christopher Preston—In favour of Option A

ii) Mr Dennis Houghton—In favour of Option A

iii) Mr Jim Ebert—Objector

iv) Mr George Hicks OAM Emeritus Mayor—Objector

10.1 General Purpose Committee Report on DA 2009/182 Two (2) Lot Rural Boundary Adjustment

i) Mr Jon Holcomb—Adjoining Land Owner

Mr Geoff Goesch addressed Council making the following points:

Tabled a list of names Mr Goesch is representing along with photographs
This land and location is not suitable for pig farming
Neighbours affected by odour from pigs
Breach of LG Act
Windows cannot be opening on many nights, nor can they have outside outings eg bbqs
Too close to established homes
Affects on environment and oyster farming
Rural sheds have been removed from DA as building has commenced without consultation
No guarantee that numbers will be kept under threshold

Mr Ben Luffman addressed Council making the following points:

Landowners want a reasonable outcome for them and the environment
200 pigs is not reasonable on 10 hectares
Original DA acknowledged 2000 pigs threshold
Applicant’s commitment and Council’s recommendation not in keeping with legal advice
Council has obligation to protect environment
A number of wetland, river, oyster, middle of rural residential area
Land has capacity to accommodate more than 200 pigs and therefore a DA is required.

Mr Bret Goodwin addressed Council making the following points:

Is the swine herder
Never had more than 200 pigs
Always asked neighbours if there was any odour and there had been no complaints
Free range pork
Undertook a lot of research before embarking on farming
Research facility, school visits
Pigs treated humanely
It is not an ‘intensive’ livestock facility
Not wetland, it is a swamp
Business has turned into part-time income
Striving to have good practice facility
Will withdraw DA in line with legal advice

Mr Peter Henderson addressed Council making the following points:

Speaking in support of recommendations in line with legal advice
Wanted to use prime land for production
Explored alternatives for rural production which could be supported in the Valley
Permissible under State and local government without Council consent
The property is wholly rural
Neighbours’ cattle produce noise problems
Effluent flow from 8 dairy cows is equivalent to 200 pigs

1713/09 Resolved: (Ainsworth/South)

That Mr Henderson be granted an extension of time.

Mr Henderson continued:

· Acknowledge that chicken manure may have caused smell

· Advised by Council’s agronomist to heavily pasture

· Have been able to keep noxious weeds under control, not so with neighbouring properties

· Some statements of complaint are simply impossible

ITEM 12.6 DA2010/031 191109 Report on Legal Advice Intensive Livestock-keeping Establishment - DA 2010/031

Motion: (Flack/Smyth)

That Council defer the matter and seek further legal advice from a Barrister familiar with the legislation and Council undertake an inspection.

Amendment: (Ainsworth/Finlayson)

That Council defer this matter for a General Purpose Committee inspection.

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

1714/09 Resolved: (Ainsworth/Finlayson)

That Council defer this matter for a General Purpose Committee inspection.

FOR THE MOTION: Councillors Hoban, Court, Ballangarry, Flack, Smyth, Finlayson, Ainsworth,

Moran and South (Total 9)

AGAINST THE MOTION: Nil

Motion: (Flack/Smyth)

That in the meantime, given the clear impacts to neighbours and potential impacts to water quality that staff immediately initiate the assessment process of the activity and property with regard to the requirements of the POEO Act and any other relevant regulations to ensure that the environmental and social impacts are appropriately addressed as soon as possible.

The motion was LOST.

DELEGATIONS continued

Mr Christopher Preston addressed Council making the following points:

Resident of long term casuals at Scotts Head Caravan Park
Supports Option A
Plan has been through consultation process including public displays, community meeting, community workshop
Plan supports and addresses concerns raised by the community through due processes
Option A makes contributions to stormwater issues
Cost is shared by Lands Department
Council has no financial commitment
Option B would see demise of long term casuals

Mr Dennis Houghton addressed Council making the following points:

Representative of semi permanents
Has been around for some 40 years
Option B is a financial model
Semi permanents did not get what they wanted out of the masterplan
Believe on legal and fires issues that Option A is more thorough
Is no transfer of land to Lands Department
Day area costs remain with caravan park
Income from semi permanents continues to flow into the community
Semi permanents get to stay in Option A
Option B excludes semi permanents and fixing the drainage problems
There is a general ignorance of what Option B really is
In excess of $700,000 loss of income or cost to Council
Currently bringing in $150,000 per year (x 4)
Has become a divisive issue for the community

Mr Jim Ebert addressed Council making the following points:

Vote is still to be made on original masterplan
Unacceptable as community land to Department of Lands
Much community consultation mainly on conceptual ideas
No discussion on title and land change
After 21 years the lease is to be renewed
Drainage is major issue, mostly on Crown Land
Council being threatened by Lands re $200,000
Problem with congestion, beach goers, shoppers
Designated footpath would get people off the roads
Semi permanent asset to town—their lease should continue
Compliance issues – fix my shifting a couple of vans
Loss of sites, business will suffer
Read from Council letter dated 26 October 2009
Loss of any open land space is unacceptable to people of Scotts Head
Character of town will be changed.

Mr George Hicks OAM addressed Council making the following points:

Objections to Plan A and B
Needs to be a show of compassion
Has been on Trust for many years and used to live in Scotts Head
Objects to the access – disaster, too dangerous, too tight and will create accidents and congestion
37 van sites on the oval, not good for people of Scotts Head
Bowling Club has had great returns from the Reserve
We cannot afford to give away any part of the oval, needed it in the past and will need it in the future, oval is used continually
The beauty of this Shire is the open space
Difficulty with having a closed drain. Drain works well, no need to spend $200,000
Would State Government allow development to take place on oval considering it is at sea level
Against giving away public land particularly the oval
Reserve has been one of the most successful in NSW
Need to think of the future, must maintain sporting facilities
Let the status quo remain, Council will still receive a substantial lease payment
Compassion must be shown to the permanents
If Council leases the Scotts Head oval it will set a precedent to leasing all other ovals in the Shire

ITEM 13.4 SF382 191109 Scotts Head Master Plan - Financial Models

Motion: (Moran/Ainsworth)

That Council informs the Department of Lands that Council land is not available, if the Department still wants to lease the land, then the status quo remains.

Amendment: (Court/Finlayson)

That Council defer this matter until it obtains information from Department of Lands concerning whether they are willing to accept the lease over the area of the previous leases; the proposed income from the lease and if the Department will not accept a new lease a report to Council on the associated costs.

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

1715/09 Resolved: (Court/Finlayson)

That Council defer this matter until it obtains information from Department of Lands; whether they are willing to accept the lease over the area of the previous leases; the proposed income from the lease and if the Department will not accept a new lease a report to Council on the associated costs.

1716/09 Resolved: (Court/South)

That Council ask the Department of Lands that it continues to expand the day area if the masterplan does not proceed.

1717/09 Resolved: (Flack/Court)

That, after a response from the Department of Lands, Council workshops a range of options and if necessary seek, after the workshop, an independent cost benefit analysis on two preferred options before expressing any preference to the Department of Lands.

DELEGATIONS continued

Mr Jon Holcomb addressed Council making the following points:

Most of land being referred to is private land and most of the public out there do not realise that
It is assumed to be public land until dwelling is allowed
Large numbers of people use track access and this should at least be maintained
Visually abhorrent to have the coastal boundary fenced
Falls under Coastal Protection legislation
There has been no consideration to public access
Is disgusted that it could go this far
Believes this application should not proceed due to the sensitive nature of the land
May need a small boundary realignment to maintain public access to foreshore
Fencing this would be an eyesore and an erosion risk
Not commercially viable
Maintain a weed control program
Sensitive nature of this land, needs to be maintained for future generations
Land is worthless, cannot be built on, regarded as headland reserve by previous owner, token public land, needs to be left in public ownership
Visual, ecological and historical should be maintained
Will to purchase this land.

ITEM 10.1 DA2009/182 191109 Report on DA 2009/182 Two (2) Lot Rural Boundary Adjustment (Item 10.1 in the General Purpose Committee)

Motion: (Flack/Ballangarry)

That this matter be deferred for two weeks.

Amendment: (Ainsworth/Finlayson)

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

MOTION: (Ainsworth/Finlayson)

Amendment: (Court/South)

That Option 2 in relation to public access be added as a deferred commencement condition—a small section of approximately 1.8 m.

1718/09 RESOLVED (Court/South)

That as part of Draft Local Environmental Plan 2009 (DLEP 2009), Council support the inclusion of an additional 14 hectares of land into the E3 Environmental Management zone, as shown highlighted on the approved subdivision plan and to create and maintain a dwelling envelope which will be clearly definable on the land; and that Option 2 in relation to public access be added as a defined commencement condition—a small section of approximately 1.8 m.

FOR THE MOTION: Councillors Court, Finlayson, Ainsworth, Moran, South and Hoban (Total 6)

AGAINST THE MOTION: Councillors Ballangarry, Flack and Smyth (Total 3)

The meeting adjourned at 8.35 pm.

The meeting resumed at 9.05 pm.

General Manager Report

ITEM 11.1 SF959 191109 Outstanding Actions and Reports

1719/09 RESOLVED: (Court/Moran)

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

ITEM 11.2 SF624 191109 Proposed Memorandum of Understanding with the Northern Rivers Catchment Management Authority

Motion: (Flack/Smyth)

That Council enter into a Memorandum of Understanding with the Northern Rivers Catchment Management Authority as proposed in their letter of 22 September 2009.

Amendment: (Ainsworth/Moran)

That Council defer this matter until the Catchment Management plans have been removed and there is community acceptance of same.

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

Resolved: (Ainsworth/Moran)

That Council defer this matter until the catchment management plans have been removed and there is community consultation and acceptance.

1720/09 Resolved: (Flack/Moran)

That Council invite Northern Rivers Catchment Management Authority to address Council at a General Purpose Committee meeting with regard to what the Memorandum of Understanding involves and issues relating to the Blueprint.

ITEM 11.3 SF42 191109 Revised Guidelines for Councillor Expenses and Facilities

Resolved: (Moran/Ainsworth)

1 That Council adopt the revised policy, “Payment of Fees, Expenses and Provision of Facilities to Councillors”.

2 That the revised policy be submitted to the Division of Local Government, Department of Premier and Cabinet.

ITEM 11.4 SF321 191109 Missabotti Community Centre Committee of Management - Financial Statement

1721/09 RESOLVED: (Moran/Ainsworth)

That Council endorse the Missabotti Community Centre Committee of Management's Financial Statement for the period 1 July 2008 to 30 June 2009.

ITEM 11.5 SF42 191109 Tendering Guidelines for NSW Local Government

1722/09 RESOLVED: (Moran/Flack)

1 That there is a report on tenders in open Council with an evaluation report circulated as a confidential attachment.

2 That a report is brought to Council recommending the adoption of evaluation criteria and weighting for a range of “standard” tender types.

3 That there is a division for tenders so as to record the names of Councillors who supported the decision and the names of any Councillors who opposed it.

Councillor Rhonda Hoban left the meeting before the commencement of this item at 9.15 pm.

Councillor Rhonda Hoban returned to the meeting at the completion of this item at 9.16 pm.

The Deputy Mayor took the Chair for the duration of this item.

ITEM 11.6 SF1321 191109 Invitation to Comment on the Commercial Release of a Genetically Modified Live Viral Vaccine to Protect against Japanese Encephalitis (IMOJEVtm)

1723/09 RESOLVED: (Moran/Ainsworth)

That the information from the Gene Technology Regulator in relation to the commercial release of a genetically modified live viral vaccine to protect against Japanese encephalitis be noted.

ITEM 11.7 SF611 191109 Amendments to Code of Meeting Practice

1724/09 RESOLVED: (Moran/Flack)

That Council adopt the amended Code of Meeting Practice.

ITEM 11.8 SF544 191109 Review of Community Infrastructure and Infrastructure needs study and Section 94 Community Facilities and Space Contributions Plan Works Schedule

1725/09 RESOLVED: (Flack/Ballangarry)

1 That Council note that the Community Facilities Needs Study in consultation with community groups for Nambucca Council will commence in November and the study reported to Council in June 2010 .

2 That Council note the changes in the Section 94 Community Facilities and Open Space Contribution Plan Works Schedule.

3 That Council invite organizations within the Shire to put forward projects for Section 94 funding as part of the study.

ITEM 11.9 was dealt after the presentation by Council’s Auditor, Mr Geoff Allen, at the beginning of the meeting.

General Manager Report - LATE

ITEM 11.10 SF394 191109 Report on Investments to 31 October 2009

1726/09 RESOLVED: (Flack/Finlayson)

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

Director Environment and Planning Report

ITEM 12.1 SF1261 191109 Outstanding DAs greater than 12 months, applications where submissions received not determined to 6 November 2009

1727/09 RESOLVED: (Ainsworth/Court)

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 12.2 SF1261 191109 DAs and CDCs Received and Determined under Delegated Authority 26 October-6 November 2009

1728/09 RESOLVED: (Moran/Court)

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

ITEM 12.3 SF1261 191109 DEP Applications and Statistical Reports July 2009-June 2010, 2002-2009 and Certificates Received 2004-2009

1729/09 RESOLVED: (Moran/Flack)

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 12.4 SF1148 191109 Contract Regulatory Officer's Report - October 2009

1730/09 RESOLVED: (Flack/Ballangarry)

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

ITEM 12.5 SF1430 191109 Report on Nambucca Valley's Walk of Fame Project

1731/09 RESOLVED: (Ballangarry/Smyth)

That Council endorse the Sidney Myer Fund – The Arts & Humanities Small Grants application for the Walk of Fame project.

ITEM 12.6 was dealt with under Delegations.

ITEM 12.7 SF776 191109 Report on Registrations for the 50th Anniversary Floodplain Management Authority Conference - 23-26 February 2010

Motion: (Ainsworth/Court)

1 That Council the first two nomination are paid from Council budget and the second two Councillors to accompany the Director Environment and Planning or his nominated Officer, to attend the 50^th Anniversary Floodplain Management Authority Conference to be held at Gosford, 23-26 February 2010.

2 That Council endorse attendance by any other interested Councillor provided the additional costs come from the individual Councillor expense allowance.

Amendment: (Hoban/Finlayson)

That Council nominate one Councillor to attend the 50th Anniversary Floodplain Management Authority Conference - 23-26 February 2010.

The amendment was carried and it became the motion and

1732/09 Resolved: (Hoban/Finlayson)

That Council nominate one Councillor to attend the 50th Anniversary Floodplain Management Authority Conference - 23-26 February 2010.

1733/09 Resolved: (Finlayson/Court)

That Cr Ainsworth attend the 50th Anniversary Floodplain Management Authority Conference - 23-26 February 2010.

ITEM 12.8 SF736 191109 Report on Review of Aboriginal Youth Worker Position

1734/09 RESOLVED: (Court/Ballangarry)

1 That Council request that the Department of Community Services find a suitable Aboriginal or Community organisation to assume the auspicing of the Aboriginal Youth Worker under the Aboriginal Child Youth and Family Strategy.

2 That Council conclude its involvement with this project at the conclusion of the school year 2009 and any remaining funds be returned to the Department of Community Services following an audit of the project costs.

3 That Council note that its involvement in Youth activities will concentrate on the identification of services and needs and not the direct provision of services.

Director Engineering Services Report

ITEM 13.1 SF444 191109 Grading Program

1735/09 RESOLVED: (Court/Flack)

That Council note that a monthly grading program is provided on Council’s Website.

ITEM 13.2 SF1391 191109 Cycleway Indigenous Youth Employment Project

1736/09 RESOLVED: (Ballangarry/Court)

1 That Council accept the grant of $401,227 (excl GST) for Project NBP020 – Nambucca Coast Cycleway Indigenous Youth Employment Project.

2 That Council formally thank the Hon Anthony Albanese MP, Minister Infrastructure, Transport, Regional Development and Local Government, for the grant.

Note: Cr Moran requested that his vote be recorded as against this resolution.

ITEM 13.3 PRF44 191109 Donnelly Welsh Playing Fields - Review of the Plan of Management

Motion: (Moran/Ainsworth)

That Council place on public exhibition the revised Plan of Management of the Donnelly Welsh Playing Fields from 26 November 2009 for 28 Days with a further 14 days allowed for submissions to be received.

Amendment: (Finlayson/Ainsworth)

That this matter be deferred to next Council meeting.

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

Resolved: (Finlayson/Ainsworth)

That this matter be deferred to the next Council meeting.

ITEM 13.4 was dealt with under Delegations.

ITEM 13.5 SF869 191109 Street Lighting - Country Energy Annual Report

1737/09 RESOLVED: (Moran/Smyth)

That Council note the Country Energy Annual Street Lighting Performance Report.

ITEM 13.6 RF249 191109 Winifred Street, Macksville - Parallel Parking

1738/09 RESOLVED: (Flack/Ballangarry)

That Council proceed to implement the line marking of the parallel parking bays in Winifred Street, Macksville if the Nambucca Shire Local Traffic Committee support the proposal.

ITEM 13.7 SF1360 191109 Flood Damage - February, March/April, May, October and November 2009

1739/09 RESOLVED: (Flack/Ainsworth)

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

2 That the Roads and Traffic Authority be requested to re-instate the claims for Deep Creek Bridge and the landslip in Riverside Drive, Nambucca Heads.

ITEM 13.8 SF1450 191109 Review of Electricity Supply - Contestable Sites

1740/09 RESOLVED: (Moran/Ainsworth)

1 That Council note the participation in a Reverse Auction for the supply of electricity to contestable sites.

2 That the timetable for the Reverse Auction be noted.

General Purpose Committee REPORT

ITEM 10.1 SF820 191109 Quarterly Performance Review - 30 September 2009 (Item 9.1 in the General Purpose Committee)

1741/09 RESOLVED: (Court/Ainsworth)

That Council note the extent to which the Performance Targets have been achieved for the quarter to 30 September 2009.

ITEM 9.2 SF1439 191109 Risk Management and Fraud and Corruption Prevention (Item 9.2 in the General Purpose Committee)

1742/09 Resolved: (Flack/Smyth)

That the matter be deferred to the next General Purpose Committee and Councillors are to provide any comments in writing to the Manager Human Resources.

ITEM 10.1 SF1354 191109 September 2009 Budget Review (Item 9.3 in the General Purpose Committee)

1743/09 RESOLVED: (Flack/Ainsworth)

1 That the budget review for the quarter ended 30 September 2009 be received.

2 That the recommended increases and decreases in votes be included as subsequent votes for the financial year 2009/10.

3 That Council include $10,0000 expenditure and $5,000 contribution from Manly Hydraulics Laboratory (Dept. of Environment, Climate Change and Water).

4 That Council note the Quarterly Program review of Capital Works and major Programs.

5 That the proposed Option 1 restoration of the Jason Cottage section of Riverside Drive requiring an additional $55,0000 to be included in the budget for landslips be deferred until Council receives a further report on the stability of the Riverside Drive.

Note: Cr Moran OAM requested that his vote be recorded as against this recommendation as he is against the forecast deficits in water and sewerage.

1744/09 Resolved: (Moran/South)

That a report come to Council listing all revotes and identifying jobs where contractors can do the work.

ITEM 10.2 SF135 191109 Report on the SOE Submissions from Public Exhibition and Final 2008/2009 SOE Report (Item 10.2 in the General Purpose Committee)

Recommendation: (Ainsworth/Hoban)

1 That it be noted there was one late submission received following the public exhibition of the Draft 2008/09 State of the Environment Report.

2 That Council endorse the changes made and adopt the Nambucca Shire Council 2009 Comprehensive State of the Environment Report and forward a copy to the Department of Local Government as required by the Act.

3 The State of the Environment Report be placed on Council’s website.

ITEM 11.4 SF1067 191109 Visitor Information Centre Finger Wharf (Item 11.4 in the General Purpose Committee)

Recommendation: (Court/South)

That Council invite The Hon Paul McLeay MP Minister for Ports and Waterways or his representative to an official opening of the Nambucca Heads Finger Wharf and Macksville Boat Boarding facility at an acceptable date.

ITEM 11.1 SF1031 191109 Policy - Commercial Activities on Community Land (Item 11.1 in the General Purpose Committee)

1745/09 (Flack/Court)

That Council adopt the Policy for Commercial Activities on Parks and Reserves subject to 2 changes being the completion of the comment concerning insurances in item 5.2 and in Section 5 under the Schedule of Fees and Charges that the fee for 2009/2010 of $66.00 be removed as this is not the fee proposed under the policy, and be replaced by $193.00, and that the policy cross reference other relevant policies and make provision for sports grounds to be suitable sites subject to the approval of the relevant Committee of Management.

ITEM 11.3 PRF53 191109 River Street Foreshore - Macksville - Landscape Development Plan (Item 11.3 in the General Purpose Committee)

1746/09 RESOLVED: (Flack/Smyth)

1 That the Concept Plan with explanatory notes be placed on public exhibition for a period of 28 days.

2 That the trees to be planted be "Tuckeroos" and that these be shown on the Plan.

1747/09 Resolved: (Hoban/Court)

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

ITEM 11.2 SF601 191109 Wallace Street, Macksville - Traffic Management (Item 11.2 in the General Purpose Committee)

Recommendation: (Ainsworth/Flack)

1 That Council undertake a broader consultation with the community based on the pedestrian refuge, and painted “gateways” to a 40 km/hr high pedestrian activity area.

2 That this consultation include articles in the local press, exhibition of plans, and mail out to Macksville based groups.

Note: Cr Moran requested that his vote be recorded as against this resolution.

ITEM 11.5 SF922 191109 Memorial in Honour of Caleb Jarrett - Nambucca Heads (Item 11.5 in the General Purpose Committee)

MOTION: (Hoban/Ballangarry)

That Council give consent to the Memorial in honour of Caleb Jarrett as a seat and plaque and Council permit the "LADS" crew to undertake landscaping in accordance with the design. Further, that the applicant be invited to address Council on the matter if they have any concerns with this arrangement.

Amendment: (Hoban/Flack)

That a memorial plaque be located on a rock.

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

1748/09 Resolved: (Hoban/Flack)

That a memorial plaque be located on a rock.

Note: Cr Moran requested that his vote be recorded as against this resolution.

ASKING OF QUESTIONS WITHOUT NOTICE

QWN281/09 - Cr. Michael Moran - Swimming Pool Entrance Fees (Ref SF1408)

Cr Moran advised that he had been approached by Macksville Public and Bowraville Central Schools in relation to the increase entrance fee cost for the Macksville Memorial Aquatic Centre—an increase to $2.50 per person.

The Mayor advised that the schools should approach the contractor directly with their concerns.

QWN282/09 - Cr. Brian Finlayson - Thistle Park (Ref SF1408)

In a response to a question from Cr Finlayson the General Manager advised that contract on Thistle Park had been exchanged—the Minister acceded to leave the land as operational.

QWN283/09 - Cr. Michael Moran - Wirimbi Railway Overbridge (Ref SF1408)

Cr Moran reported a plank which had been missing on the railway overbridge at Wirimbi for some time. The Director Engineering Services advised that Council can put up a warning sign but the repairs required will be reported to the Railways.

CLOSURE

There being no further business the Mayor then closed the meeting the time being 10.00 pm.

Confirmed and signed by the Mayor on 3 December 2009.

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)