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NAMBUCCA SHIRE COUNCIL
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Ordinary Council Meeting
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MINUTES OF THE Ordinary Council Meeting HELD ON 03 December 2009
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PRESENT
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Cr Rhonda Hoban (Mayor)
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Cr Janet Court
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Cr Martin Ballangarry OAM
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Cr Paula Flack
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Cr Brian Finlayson
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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
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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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APOLOGIES
Cr John Ainsworth
Cr Martin Ballangarry OAM (Arrived 5.37pm)
PRAYER
Reverend David
Hanger from the Anglican Church, offered a prayer on behalf of the Nambucca
Minister's Association.
Ordinary Council Meeting
DISCLOSURE OF
INTEREST
There were no disclosures of interest.
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CONFIRMATION OF
MINUTES - Ordinary Council Meeting
19 November 2009
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1749/09 RESOLVED: (Moran/Flack)
That the
minutes of the Ordinary Council Meeting of 19 November 2009 be confirmed
subject to the following amendments:
- Page 18 item 11.5 Resolution to
read:
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"That
Council give consent to a Memorial consisting of a seat with a plaque being
placed on a rock in honour of Caleb Jarrett 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."
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NOTICE OF
MOTION - CR Moran OAM
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ITEM 8.1 SF1269 031209 Notice
of Motion - Adin Street Oval To Be Named Johnny Wallace Oval
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Motion: (Moran/South)
That Nambucca
Shire Council name the Adin Street Oval at Scotts Head, the Johnny Wallace
Oval.
Amendment: (Finlayson/South)
That Council defer this matter.
The amendment was carried and it became
the motion and it was:
1750/09 Resolved: (Finlayson/South)
That Council defer the of naming of Adin Street Oval at Scotts Head.
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NOTICE OF
MOTION - CR Smyth
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ITEM 8.2 SF1269 031209 Notice
of Motion - Request for Leave - Cr Anne Smyth
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1751/09 RESOLVED: (Smyth/Flack)
That Cr
Anne Smyth be granted leave of absence in accordance with Section 234(d) of
the Local Government Act for the period 22 December 2009 to 12 January 2010
inclusive.
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1752/09 Resolved: (Flack/Court)
That the following public forum
addresses be heard:
SF62 SWIMMING POOL FEES:
i)
Mr Blake Baldwin & Ms Amanda Bell—Bowraville Central School (sharing 5 minutes)
·
Ms Amanda Bell—president P & C
association spoke to a prepared paper which is on file.
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Mr Blake Baldwin—student addressed Council
to a prepared paper which is on file.
ii)
Ms Mary Lawler—representing Macksville Public School
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Ms Mary Lawler addressed Council to a
prepared paper which is on file.
1753/09 Resolved: (Hoban/Flack)
That
Council receive a report on options to assist with schools' learn to swim
programs only.
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DELEGATIONS
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Resolved: (Flack/Court)
That the following delegations be
heard:
Item
10.5 Bowraville Pioneer Community Centre
i) Ms
Juliet Tilson - President Radio 2NVR
ii) Mr Ron Hawkins
on behalf of Committee Member, Radio 2NVR
Item 12.5 Congarinni
North Road Bridge Maintenance
i) Ms Denise Delaney—Objector
ii) Mr Peter Shea—Objector
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Ms Juliet Tilson addressed Council making
the following points:
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Time to relocate to a Council owned building
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Keen for assistance from Council
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Youth at Radio Nambucca – focus on young people
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Have received offers of community support
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Relocation needs to be done in timely manner
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Keen to offer better, more vibrant radio to
Valley
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Have not found an alternative site that is
suitable
Mr Ron Hawkins,
Secretary Radio 2NVR addressed Council making the following points:
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Read letter from 2NVR to Council (c 14 November
2009)
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30-40% of Tewinga Hall still available to
community
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2NVR has attended the Tewinga Hall Committee’s
AGM but no formal consultation has taken place until a decision is made by
Council
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ITEM 10.5 SF362 031209 Bowraville
Pioneer Community Centre
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Resolved: (Flack/Finlayson)
1 That Council accept the tender from the
Bowraville Community Development Association Inc. (BCDA) and sell the
property for $5.00 with appropriate contractual disclosures being that the buildings are in a dilapidated condition; a
Section 149D Certificate under the Local Government Act would not be issued
with respect to the building; an acknowledgement by the purchaser that it is
aware of the defective condition of the improvements and that it has not
relied on any representation by Council as to the fitness for current use,
building compliance or state of repair; and enclosing a copy of the proposed
Order No. 6 (copy attached to report) under Section 121B of the
Environmental Planning and Assessment Act 1979.
2 In
the event that the Bowraville Community Development Association Inc. (BCDA)
declines to acquire the property, Council list the property for sale
with a local real estate agent for a price not less than that
identified in the previous valuation and provide 4 months notice to all
tenants to vacate the building, with the exception of Aunt Emily’s.
3 Radio
Nambucca be advised that Council will consider any request they may make for assistance in relocation to the
Tewinga Community Centre.
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DELEGATIONS
continued
Ms Denise Delaney addressed Council to a
prepared paper which is on file.
Mr Peter Shea addressed Council making the
following points:
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Continue to support the bridge
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Figures can be manipulated
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Compared bridge to “sick person”
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Not a costly operation to “re-clothe Mr Bridge”
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Implied Council incompetence
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Spend allocated budget and proceed with
refurbishment
The General Manager read out a letter from
Mr Howard Langford. The letter is on file.
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ITEM
12.5 SF768 031209 Congarinni North Road Bridge Maintenance
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Motion: (Moran/Ballangarry)
That Council proceed with Option 3 from
resolution
Amendment: (Flack/Smyth)
That Council proceed with the planned
upgrade of the bridge and accept the tender which is within budget.
The amendment was carried and it became
the motion and it was:
1754/09 Resolved: (Flack/Smyth)
That Council proceed with the planned
upgrade of the bridge and accept the tender which is within budget.
FOR THE
MOTION: Councillors Hoban, Court, Ballangarry,
Flack, Smyth, Finlayson, Moran,
South Total (8)
AGAINST THE
MOTION: Nil Total (0)
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ASKING OF QUESTIONS WITH NOTICE
There were no Questions with Notice.
General Manager Report
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ITEM 10.1 SF959 031209 Outstanding
Actions and Reports
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1755/09 RESOLVED: (Flack/South)
That the list of outstanding actions and reports be noted
and received for information by Council.
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ITEM 10.2 SF306 031209 Burrapine
Public Hall Committee of Management - Annual General Meeting - 1 November
2009
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1756/09 RESOLVED: (Flack/Moran)
That
Council endorse the Committee of Management for the Burrapine Public Hall and
thank the outgoing Committee for their work in the past twelve months.
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ITEM 10.3 SF337 031209 Taylors Arm Reserve Committee of Management - Annual General Meeting - 14 October 2009
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1757/09 RESOLVED: (Moran/Smyth)
That
Council endorse the Committee of Management for the Taylors Arm Reserve and
thank the outgoing Committee for their work in the past twelve months.
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ITEM 10.4 SF301 031209 Bowraville
Pioneer Community Centre Committee of Management - Annual General Meeting -
28 September 2009
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1758/09 RESOLVED: (Flack/Court)
That
Council endorse the Committee of Management for the Bowraville Pioneer
Community Centre and thank the outgoing Committee for their work in the past
twelve months.
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ITEM 10.5 was dealt with under Delegations.
Director Environment and Planning Report
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ITEM 11.1 SF1261 031209 Outstanding
DAs Greater than 12 months, applications where submissions received not
determined to 23 November 2009
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1759/09 RESOLVED: (Flack/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.
1760/09 Resolved: (Moran/Flack)
That
Council conduct a Special General Purpose Committee meeting to inspect DA2010/031.
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ITEM 11.2 SF1261 031209 DAs
and CDCs Received and Determined under Delegated Authority 8-24 November 2009
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1761/09 RESOLVED: (Court/Moran)
That
Council note the Development Applications/Complying Development Applications
received and determined under delegated authority.
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ITEM 11.3 SF1418 031209 Report
on Funding applications under the NSW Estuary, Coastal and Floodplain
Management Programs
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1762/09 RESOLVED: (Flack/Court)
1 That Council note the changed
funding process and timetable under the NSW
Estuary, Coastal and Floodplain Management grants programs.
2 That Council endorse the three
Expressions of Interest submitted under the NSW Estuary, Coastal and
Floodplain Management grants program for the following:
i Finalisation of the Nambucca Coastal Hazard Management
Plan $30,000 ($15,000 grant and $15,000 Environmental Levy)
ii Continuation of the review of the Nambucca River Flood Study $115,000 ($75,000 grant and $40,000 Environmental Levy)
iii Continued implementation of actions from the Nambucca River Estuary Management Plan and also the Nambucca River Foreshore Master Plan
$100,000 ($50,000 grant and $50,000 Environmental Levy)
3 That Council include the above three
projects in the 2010 – 2015 Environmental Levy should Council continue the
Environmental Levy program.
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ITEM 11.4 SF1075 031209 Report
on DECCW Draft Flood Risk Management Guide and Draft Coastal Risk Management
Guide.
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1763/09 RESOLVED: (Flack/Moran)
That
Council note that the two Draft Guides – Flood Risk Management and Coastal
Risk Management are currently on exhibition until 5.00 pm Friday, 11 December
2009 and that no submission is made by Council.
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ITEM 11.5 SF285 031209 Report
on Minutes of the Community Services Committee Meeting held 8 September 2009
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1764/09 RESOLVED: (Flack/Finlayson)
That the
Minutes of the Community Services Committee of 8 September 2009 be
noted.
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ITEM 11.6 SF283 031209 Report
on Minutes of the Access Committee held 24 November 2009
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1765/09 RESOLVED: (Smyth/Moran)
That
Council note the minutes from the Access Committee meeting of 24 November
2009.
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ITEM 11.7 SF276 031209 Report
on the Minutes of the ACAC Committee Meeting held 17 November 2009
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Resolved: (Flack/Ballangarry)
1 That all Committee members be
advised that any member may bring forward a matter for inclusion in a meeting
agenda at any time
1766/09 Resolved: (Flack/Court)
2 That Council considers submissions arising
out of the "template" LEP exhibition before consideration of options
regarding a tree preservation order.
1767/09 Resolved: (Flack/Ballangarry)
3 That
the remaining recommendation in regard to membership be endorsed
1768/09 Resolved: (Flack/Ballangarry)
4 That the Community Development Officer
is to contact Local Aboriginal Land Councils' CEOs prior to agenda
finalisation to determine if any eligible items are to be placed on the
agenda.
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Director Engineering Services Report
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ITEM 12.1 SF1031 031209 Backflow
Prevention Policy
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1769/09 RESOLVED: (Flack/Smyth)
That this
matter be deferred to enable a further report to be provided to Council on
the practical and financial implications of adoption of the policy to
ratepayers and Council.
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ITEM 12.2 PRF44 031209 Donnelly
Welsh Playing Fields - Review of the Plan of Management
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Motion: (Moran/Court)
That Council
place on public exhibition the revised Plan of Management of the Donnelly
Welsh Playing Fields from 10 December 2009 for 28 Days with a further 14 days
allowed for submissions to be received.
Amendment: (Flack/Court)
That Council
place on exhibition the revised Plan of Management of the Donnelly Welsh
Playing Fields from 10 December 2009 for 28 days with a further 14 days
allowed for submissions to be received with the amendment:
"A lease, licence or other estate
in respect of this community land may be granted through this authorisation
for the purpose of:
a) The provision of goods,
services and facilities and the carrying out of activities, appropriate to the
current and future needs within the local community and of the wider public
in relation to any of the following:
i) Public recreation
ii) The physical,
cultural, social and intellectual welfare or development of persons for the
purpose of
a men's shed or similar activity."
The amendment was carried and it became
the motion and it was:
1770/09 Resolved: (Flack/Court)
That
Council place on exhibition the revised Plan of Management of the Donnelly
Welsh Playing Fields from 10 December 2009 for 28 days with a further 14 days
allowed for submissions to be received with the amendment:
"A lease, licence or other
estate in respect of this community land may be granted through this
authorisation for the purpose of:
a) The provision of goods,
services and facilities and the carrying out of activities, appropriate
to the current and future needs within the local community and of the wider
public in relation to any of the following:
i) Public
recreation
ii) The
physical, cultural, social and intellectual welfare or development of
persons
for the purpose of a men's shed or similar activity."
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ITEM 12.3 SF878 031209 Mid
North Weight of Loads Group
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1771/09 RESOLVED: (Court/Flack)
1 That
Council note the minutes of the Mid North Weight of Loads Group on 2 November
2009.
2 That Council agree to host the 1 March
2010 Mid North Weight of Loads Group by providing the venue and assisting in
arrangements.
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ITEM 12.4 SF992 031209 Report
on Nambucca Emergency Operations Centre Committee Minutes - 4 November 2009
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1772/09 RESOLVED: (Court/Moran)
That
Council adopt the minutes of the Nambucca Emergency Operations Centre
Committee meeting held on 4 November 2009.
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ITEM 12.5 was dealt with under Delegation.
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COUNCIL IN CLOSED MEETING (CLOSED
TO THE PUBLIC)
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1773/09 RESOLVED: (Court/South)
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 above.
Reason reports are in Closed Meeting:
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Director Engineering Services Report - LATE
For Confidential Business Paper in
Closed Meeting
ITEM 13 .1 SF1450 031209 Evaluation
Report - Supply of Contestable Electricity & Street Lighting Tender
T10910NAM
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 7.25 pm.
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RESUME IN OPEN MEETING
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1774/09 RESOLVED: (Flack/Smyth)
That Ordinary
Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN
OPEN MEETING at 7.40 pm.
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FROM COUNCIL IN
CLOSED MEETING
Director Engineering Services Report - LATE
For Confidential Business Paper in
Closed Meeting
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ITEM 13 .1 SF1450 031209 Evaluation
Report - Supply of Contestable Electricity & Street Lighting Tender
T10910NAM
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1775/09 RESOLVED: (Court/Ballangarry)
1 Category 1 – Contestable Sites metered
That AGL be awarded this category as the single
source supplier to Nambucca Shire Council for the period 1 July 2010 to 31
December 2012.
2 Category 2 – Street Lighting
That TRUenergy be awarded this category as the
single source supplier to Nambucca Shire Council for the period 1 June 2011
to 31 December 2012, and
3 That a Meter Reading Agreement be entered into with Testing and Certification Australia (TCA) for a period of five (5) years from 1 July 2010 to 30 June 2015.
FOR THE MOTION: Councillors Court, Ballangarry, Flack, Smyth, Finlayson, South
and Hoban
Total
(7)
AGAINST THE MOTION: Councillor Moran Total (1)
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CLOSURE
There being no further business the Mayor
then closed the meeting the time being 7.41 pm.
Confirmed and signed by the Mayor on 17
December 2009.
CR RHONDA HOBAN
MAYOR
(CHAIRPERSON)