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Ordinary Council Meeting |
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MINUTES OF THE Ordinary Council Meeting HELD ON 17 December 2009 |
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PRESENT
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Cr Rhonda Hoban (Mayor) |
Cr John Ainsworth |
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Cr Martin Ballangarry OAM |
Cr Janet Court |
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Cr Brian Finlayson |
Cr Paula Flack |
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Cr Mike Moran OAM |
Cr Anne Smyth |
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Cr Elaine South |
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ALSO PRESENT
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Michael Coulter (General Manager) |
Bruce Redman (Director Engineering Services) |
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Greg Meyers (Director Environment & Planning) |
Monika Schuhmacher (Minute Secretary) |
Ordinary Council Meeting
DISCLOSURE OF INTEREST
Councillor PF Flack declared a non-pecuniary less significant conflict of interest in Item 8.1 Report on Legal Advice Intensive Livestock-keeping Establishment - DA 2010/031 under the Local Government Act as one of the opponents is Cr Flack's mechanic and one supporter is Cr Flack's butcher. Cr Flack remained in the meeting for this item.
Councillor AM Smyth declared a non-pecuniary less significant conflict of interest in Item 8.1 Report on Legal Advice Intensive Livestock-keeping Establishment - DA 2010/031 under the Local Government Act as one of the opponents is Cr Smyth's mechanic and one supporter is Cr Smyth's butcher. Cr Smyth remained in the meeting for this item.
Councillor ES South declared a non-pecuniary less significant conflict of interest in Item 9.4 Operations of Macksville Saleyards under the Local Government Act as Cr South sells and purchases cattle through the Saleyards as a user of the facility but does not financially benefit directly from Saleyards, or Saleyard operations. Cr South remained in the meeting for this item.
Councillor R Hoban declared a pecuniary interest in Item 10.5 Report on DA2010/047 – Drive In Liquor Outlet & Signage under the Local Government Act as an immediate family member derives income from Woolworths, the owners of BWS. Cr Hoban left the meeting for this item.
Councillor PF Flack declared a pecuniary interest in Item 10.5 Report on DA2010/047 – Drive-in Liquor Outlet & Signage under the Local Government Act as a family member manages a drive through liquor outlet in Macksville. Cr Flack left the meeting for this item.
Councillor AM Smyth declared a non-pecuniary less significant conflict of interest in Item 10.5 Report on DA2010/047 – Drive-in Liquor Outlet & Signage under the Local Government Act as Cr Smyth's daughter works on a casual basis at Jury's IGA Supermarket, which has a liquor outlet which would be in competition with the proposed new liquor outlet. As the daughter is moving interstate in January and will no longer be employed by Jury's IGA, a new liquor outlet will have no impact on her position, as it is not yet constructed. Cr Smyth remained in the meeting for this item.
PRAYER
Rev David Hanger of the Anglican Church, offered a prayer on behalf of the Nambucca Minister's Association.
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CONFIRMATION OF MINUTES - Ordinary Council Meeting 3 December 2009 |
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1777/09 RESOLVED: (Moran/Flack)
That the minutes of the Ordinary Council Meeting of 3 December 2009 be confirmed. |
NOTICE OF MOTION - CR Ballangarry OAM
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1779/09 Resolved: (Ainsworth/Court)
That the following delegations be heard:
ITEM 10.5—Report on the Drive-In Liquor Outlet and Signage i) Rev David Hanger—Objector on behalf of the Churches of the Nambucca ii) Ms Louise Robinson—Objector on behalf of the Nambucca Heads Local Aboriginal Land Council iii) Mr Geoff Smyth—on behalf of the Applicant
ITEM 13.1 (8.1 Special General Purpose Committee Meeting) Report on Legal Advice Intensive Livestock keeping Establishment i) Mr Geoff Goesch—Objector ii) Mr Bill Rainey—Objector iii) Mr Bret Goodwin—on behalf of Applicant iv) Ms Kate Henderson—Applicant
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Councillors R Hoban (Mayor) and P Flack left the meeting at 5.37 pm and returned after the conclusion of the item at 6.20 pm
The Deputy Mayor, Cr J Court, took the Chair for the duration of this Item.
Rev David Hanger addressed Council making the following points:
· Speaking on behalf of local churches and many citizens of the Shire
· This is not a development that benefits our community
· This is Council’s issue, do not pass the buck, take responsibility, exercise moral authority
· Council to think through the community impact
· No community impact statement attached to DA even though assurance was given that there would be
· This development will not make our place a better place
· Detrimental impact on our citizens
· Plenty of other places and opportunities to purchase alcohol
· Majority of citizens of Shire are asking to reject this DA
Ms Louise Robinson addressed Council making the following points:
· CEO Nambucca Heads Local Aboriginal Land Council
· The Land Council voted not to have liquor on their land
· Social and moral argument
· Development will offer cheaper liquor than current outlets
· 1 license for every 436 people in Shire
· Concerns that people will walk from Aboriginal Reserve to liquor outlet and be placed in danger due to traffic, assault on women, danger to Aboriginals
· Domestic violence will be greater
· Alcoholism leads to health issues particularly in the Aboriginal community
· Riverside Drive not the best place for a liquor outlet.
Mr Geoff Smyth addressed Council making the following points:
· Social impact assessment of a liquor outlet
· How do you assess social impact
· All statistics relevant but weighting is different in all situations
· Government has established a special authority in recognition of the complexities
· Up to Liquor and Gaming Licensing Board to approve and assess and that Council has “ticked all the other boxes”
· Deferred commencement is correct way to go about this.
DELEGATIONS continued
Mr Bill Rainey addressed Council making the following points:
· Mr Rainey’s whole eastern boundary joins the property in question
· Development by stealth is not right
· There is no accountability or framework
· Not clear and transparent if there is no development application
· Council is setting a precedent
· How will this be policed, resources?
· Provide all details before decision is made, ask more questions—buffer zone enforced, waterways protected
Mr Geoff Goesch spoke to a prepared statement a copy of which is on file DA2010/031.
Ms Kate Henderson spoke to a prepared statement a copy of which is on file DA2010/031.
Mr Bret Goodwin addressed Council making the following points:
· To promote commercial agriculture – this has become a challenge
· Challenge has come from people living on fertile land they do not wish to do anything with
· Agriculture and clean food production is essential to export
· Misinformation being thrown around the community
· Council should not let themselves be bullied
· All farmers in Valley will ultimately be at risk
· If living on the land is such a hassle, move into town
· If farmers give up, all food will be imported
· Revenue injected back into local economy
· They have complied with Council’s own legal advice
· Cross claims will be submitted.
ASKING OF QUESTIONS WITH NOTICE
There were no Questions with Notice.
QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED
There were no Questions for Closed Meeting where due Notice has been received.
General Manager Report
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1 That Council note that the current operation of the Macksville Saleyards is not economically self sustaining and that the continued operation in its current form presents an unacceptable risk to Council from an Occupational Health and Safety perspective and that Council further note that the physical infrastructure risk has been, and continues to be progressively addressed but that the documentation of risk management requires attention.
Amendment: (Ainsworth/Finlayson)
1 That Council note that the current operation of the Macksville Saleyards is not economically self sustaining and that the continued operation in its current form presents an unacceptable risk to Council from an Occupational Health and Safety perspective and that Council further note that the physical infrastructure risk has been, and continues to be progressively addressed but that the documentation of risk management requires attention.
2 That Council allocate funds in the amount $5,000.00 to the Saleyards Operation budget to finance a workshop with all Councillors, relevant staff and members of the Saleyard Advisory Working Group to be conducted by legal consultant Mr Gerry Holmes to identify risk exposure and management issues associated with the Council operation of the Macksville Saleyards.
3 That the Nambucca Shire Council staff liaise with the Bellingen Shire Council staff with a view to conducting the Risk Management workshop to identify risk exposure and management issues associated with the Council operated saleyards as a joint exercise and to share associated costs.
4 That Council explore the continued operation of the Macksville Saleyards.
5 That Council allocate funds in the amount $7,500.00 to commission an Asset Audit and Safety Report to identify the costs of work required to render the Macksville Saleyards “fit for use” to enable continued operation and leasing and to facilitate the compilation of a ten year management plan.
6 That a report be presented to Council on the outcome of the Risk Management workshop and the Asset Safety Audit in relation to the Macksville Saleyards.
7 That a report be presented to Council on the possibility of connecting effluent from the Macksville Saleyards to the sewer mains system.
The amendment was carried and it became the motion and it was:
1785/09 Resolved: (Ainsworth/Finlayson)
1 That Council note that the current operation of the Macksville Saleyards is not economically self sustaining and that the continued operation in its current form presents an unacceptable risk to Council from an Occupational Health and Safety perspective and that Council further note that the physical infrastructure risk has been, and continues to be progressively addressed but that the documentation of risk management requires attention.
2 That Council allocate funds in the amount $5,000.00 to the Saleyards Operation budget to finance a workshop with all Councillors, relevant staff and members of the Saleyard Advisory Working Group to be conducted by legal consultant Mr Gerry Holmes to identify risk exposure and management issues associated with the Council operation of the Macksville Saleyards.
3 That the Nambucca Shire Council staff liaise with the Bellingen Shire Council staff with a view to conducting the Risk Management workshop to identify risk exposure and management issues associated with the Council operated saleyards as a joint exercise and to share associated costs.
4 That Council explore the continued operation of the Macksville Saleyards.
5 That Council allocate funds in the amount $7,500.00 to commission an Asset Audit and Safety Report to identify the costs of work required to render the Macksville Saleyards “fit for use” to enable continued operation and leasing and to facilitate the compilation of a ten year management plan.
6 That a report be presented to Council on the outcome of the Risk Management workshop and the Asset Safety Audit in relation to the Macksville Saleyards.
7 That a report be presented to Council on the possibility of connecting effluent from the Macksville Saleyards to the sewer mains system. |
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That the Item 10.6 Report on the Minutes of the Nambucca River Estuary and Coastline Management Committee Meeting held on 30 November 2009 be brought forward and dealt with after the adjournment of Council’s meeting for a meal break. |
The Council meeting adjourned at 7.33 pm.
The Council meeting resumed at 8.05 pm.
Note: Cr Flack left the meeting at 8.20 pm
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ITEM 9.8 SF394 171209 Report on Investments to 30 November 2009 |
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1795/09 RESOLVED: (Moran/South)
That the Accountants’ Report on Investments placed to 30 November 2009 be noted. |
General Manager Report - LATE
General Manager Report – FURTHER LATE REPORT
Director Environment and Planning Report
ITEM 10.5 was dealt with under Delegations.
ITEM 10.6 was dealt with earlier in the meeting.
Director Environment and Planning Report – LATE
This item was dealt with under Delegations.
Director Engineering Services Report
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1 That Council notes the report in relation to the implementation of the NSW Weed Action Program initiated by the NSW Government.
2 That Council commits to maintaining current levels, of funding, in real terms, in successive budgets to carry out activities required under the NSW Weeds Action Program.
Amendment: (Court/Hoban)
1 That Council notes the report in relation to the implementation of the NSW Weed Action Program initiated by the NSW Government.
2 That Council attempts to maintain its current levels of funding, in successive budgets to carry out activities required under the NSW Weeds Action Program.
The amendment was carried and it became the motion and it was:
1808/09 Resolved: (Court/Hoban)
1 That Council notes the report in relation to the implementation of the NSW Weed Action Program initiated by the NSW Government.
2 That Council attempts to maintain its current levels of funding, in successive budgets to carry out activities required under the NSW Weeds Action Program. |
SPECIAL General Purpose Committee REPORT—14 DECEMBER 2009
This Item was dealt with under Delegations.
General Purpose Committee REPORT—16 DECEMBER 2009
For Confidential Business Paper in Closed Meeting
ITEM 13.1 SF674 171209 Proposed Interim Agreement for Disposal of the Mixed Waste Biomass Product
That Council note the matter was brought forward into the Open Meeting.
CLOSURE
There being no further business the Mayor then closed the meeting the time being 10.10 pm.
Confirmed and signed by the Mayor on 21 January 2009.
CR RHONDA HOBAN
MAYOR
(CHAIRPERSON)