NAMBUCCA SHIRE COUNCIL
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Ordinary Council Meeting
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MINUTES OF THE Ordinary Council Meeting HELD ON 19 November 2009
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PRESENT
Cr Rhonda Hoban (Mayor)
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Cr John Ainsworth
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Cr Martin Ballangarry OAM (arrived at
5.46 pm)
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Cr Janet Court
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Cr Brian Finlayson
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Cr Paula Flack
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Cr Mike Moran OAM
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Cr Anne Smyth
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Cr Elaine South
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ALSO PRESENT
Michael Coulter
(General Manager)
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Bruce Redman
(Director Engineering Services)
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Greg Meyers
(Director Environment & Planning)
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Monika Schuhmacher (Minute Secretary)
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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.
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ITEM 11.9 SF1121 191109 Financial Statements
- 30 June 2009
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/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.
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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
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1703/09 RESOLVED: (Moran/Ainsworth)
That the minutes of the Ordinary
Council Meeting of 5 November 2009 be confirmed.
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1704/09 Resolved: (Court/Finlayson)
That the Questions with Notice be
brought forward.
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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)
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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.
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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
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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.
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NOTICE OF MOTION – CR HOBAN
ITEM 8.2 SF1269 191109 Notice of Motion -
Load Limited Bridges - Browns Crossing Road
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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.
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NOTICE OF MOTION – CR HOBAN
ITEM 8.3 SF1269 191109 Notice of Motion -
Bushfire Risk - Valla Beach Reserves
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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.
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NOTICE OF MOTION - HOBAN
ITEM 8.4 SF1269 191109 Notice of Motion -
Licensing of Riverbank Restoration Works
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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.
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NOTICE OF MOTION – CR MORAN
OAM
ITEM 8.5 SF1269 191109 Notice of Motion -
Expenses for Councillors at Conferences
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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.
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NOTICE OF MOTION – CR FLACK
ITEM 8.6 SF1269 191109 Notice of Motion -
Use of Hearing Loop and PA System for Council Meetings
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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.
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DELEGATIONS
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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
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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.
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Mr Henderson continued:
·
Acknowledge that chicken manure may have caused
smell
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Advised by Council’s agronomist to heavily
pasture
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Have been able to keep noxious weeds under
control, not so with neighbouring properties
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Some statements of complaint are simply
impossible
ITEM 12.6 DA2010/031 191109 Report on Legal Advice
Intensive Livestock-keeping Establishment - DA 2010/031
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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.
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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
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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.
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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)
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Motion: (Flack/Ballangarry)
That this matter be deferred for two weeks.
Amendment: (Ainsworth/Finlayson)
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 dwelling envelope to continue to be defined.
The amendment was carried and it became
the motion and it was:
MOTION: (Ainsworth/Finlayson)
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.
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)
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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
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1719/09 RESOLVED: (Court/Moran)
That the list of outstanding actions and reports be noted
and received for information by Council.
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ITEM 11.2 SF624 191109 Proposed Memorandum
of Understanding with the Northern Rivers Catchment Management Authority
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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.
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ITEM 11.3 SF42 191109 Revised Guidelines
for Councillor Expenses and Facilities
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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.
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ITEM 11.4 SF321 191109 Missabotti Community
Centre Committee of Management - Financial Statement
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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.
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ITEM 11.5 SF42 191109 Tendering
Guidelines for NSW Local Government
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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.
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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)
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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.
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ITEM 11.7 SF611 191109 Amendments to Code
of Meeting Practice
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1724/09 RESOLVED: (Moran/Flack)
That
Council adopt the amended Code of Meeting Practice.
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ITEM 11.8 SF544 191109 Review of Community
Infrastructure and Infrastructure needs study and Section 94 Community
Facilities and Space Contributions Plan Works Schedule
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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.
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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
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1726/09 RESOLVED: (Flack/Finlayson)
That the
Accountants’ Report on Investments placed to 31 October 2009 be noted.
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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
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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.
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ITEM 12.2 SF1261 191109 DAs and CDCs Received
and Determined under Delegated Authority 26 October-6 November 2009
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1728/09 RESOLVED: (Moran/Court)
That
Council note the Development Applications/Complying Development Applications
received and determined under delegated authority.
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ITEM 12.3 SF1261 191109 DEP Applications and
Statistical Reports July 2009-June 2010, 2002-2009 and Certificates Received
2004-2009
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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.
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ITEM 12.4 SF1148 191109 Contract Regulatory
Officer's Report - October 2009
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1730/09 RESOLVED: (Flack/Ballangarry)
That the
report from the Contract Regulatory Officer for October 2009 be received and
noted by Council.
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ITEM 12.5 SF1430 191109 Report on Nambucca Valley's Walk of Fame Project
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1731/09 RESOLVED: (Ballangarry/Smyth)
That
Council endorse the Sidney Myer Fund – The Arts & Humanities Small Grants
application for the Walk of Fame project.
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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
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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 50th
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.
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ITEM 12.8 SF736 191109 Report on Review of
Aboriginal Youth Worker Position
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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.
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Director Engineering Services
Report
ITEM 13.1 SF444 191109 Grading Program
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1735/09 RESOLVED: (Court/Flack)
That
Council note that a monthly grading program is provided on Council’s Website.
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ITEM 13.2 SF1391 191109 Cycleway Indigenous
Youth Employment Project
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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.
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ITEM 13.3 PRF44 191109 Donnelly Welsh
Playing Fields - Review of the Plan of Management
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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.
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ITEM 13.4 was dealt with under Delegations.
ITEM 13.5 SF869 191109 Street Lighting -
Country Energy Annual Report
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1737/09 RESOLVED: (Moran/Smyth)
That
Council note the Country Energy Annual Street Lighting Performance Report.
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ITEM 13.6 RF249 191109 Winifred Street,
Macksville - Parallel Parking
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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.
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ITEM 13.7 SF1360 191109 Flood Damage -
February, March/April, May, October and November 2009
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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.
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ITEM 13.8 SF1450 191109 Review of Electricity
Supply - Contestable Sites
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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.
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General Purpose Committee
REPORT
ITEM 10.1 SF820 191109 Quarterly
Performance Review - 30 September 2009 (Item 9.1 in the General Purpose
Committee)
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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.
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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.
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ITEM 10.1 SF1354 191109 September
2009 Budget Review (Item 9.3 in the General Purpose Committee)
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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.
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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)
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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.
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ITEM 11.4 SF1067 191109 Visitor Information Centre Finger Wharf (Item 11.4 in the General Purpose Committee)
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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.
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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.
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ITEM 11.3 PRF53 191109 River Street Foreshore - Macksville - Landscape Development Plan (Item
11.3 in the General Purpose Committee)
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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.
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ITEM 11.2 SF601 191109 Wallace Street, Macksville - Traffic Management (Item 11.2 in the General
Purpose Committee)
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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.
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ITEM 11.5 SF922 191109 Memorial
in Honour of Caleb Jarrett - Nambucca Heads (Item 11.5 in the General
Purpose Committee)
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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.
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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.
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QWN282/09 - Cr. Brian Finlayson - Thistle Park (Ref SF1408)
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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.
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QWN283/09 - Cr. Michael Moran - Wirimbi Railway Overbridge (Ref SF1408)
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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.
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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)