NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 17 June 2010

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

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

 

Rev Ros Johnson from the Anglican Church offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor PF Flack declared a pecuniary interest in Item 8.2 Integrated Water Supply Management Strategy - Report of Value Management Workshop under the Local Government Act as Cr Flack previously declared a pecuniary conflict of interest in the off stream dam whilst Council is considering an on stream dam option.  The off stream dam is a component of all options workshopped for the IWCM. Flack left the meeting for this item.

 

Councillor PF Flack declared a non-pecuniary less significant conflict of interest in Item 8.8 Report on Workshop for Saleyard Safety and Compliance under the Local Government Act as Cr Flack has a family member who uses the Saleyards.  Cr Flack remained in the meeting for discussion and voting.

 

Councillor BJ Finlayson declared a pecuniary interest in GPC Item 8.2 Draft Management Plan 2010/2030 and Draft Budget and Revenue Policy 2010/2011 (Recommendation 11) under the Local Government Act as Cr Finlayson’s son has been employed in the position of temporary IT Officer.  Cr Finlayson left the meeting for discussion and voting on this recommendation.

 

The General Manager, Michael Coulter, declared a pecuniary interest in Item 11.1 General Manager - New Employment Contract under the Local Government Act as the report concerns his employment contract.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

3 June 2010

 

2204/10 RESOLVED:       (Flack/Moran)

 

That the minutes of the Ordinary Council Meeting of 3 June 2010 be confirmed subject to the following:

          Page 1        Cr Smyth and Cr Flack requested that their Disclosure of Interest for Item 9.9 include “…and left the Chamber for this item”.

 

 

 

  

ASKING OF QUESTIONS WITH NOTICE

 

There were no questions with notice.

 

 


 


QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

There were no question for closed Meeting where due notice has been received.

 

 

 

 


General Manager Report

 

ITEM 8.1      SF959                170610      Outstanding Actions and Reports

2205/10 RESOLVED:       (Moran/South)

 

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

 

 

 

Cr Flack left the meeting at 5.37 pm and returned at the conclusion of this item, at 6.02 pm

 

ITEM 8.2      SF614                170610      Integrated Water Supply Management Strategy - Report of Value                                  Management Workshop held on 12 May 2010

Motion:      (Moran/Finlayson)

 

That Council not accept the report and recommendations of the Value Management Workshop held on 12 May 2010.

 

Amendment:       (Finlayson/Ainsworth)

 

That the matter be deferred until Council receives a report on the viability of the on-stream dam.

 

The amendment was LOST.

 

Further Amendment:          (Hoban/Finlayson)

 

That Council adopt the report and recommendations of the Value Management Workshop held on 12 May 2010 with the understanding that the dam storage component may be either on stream or off stream  at this stage undetermined.

 

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

 

2206/10 Resolved:       (Hoban/Finlayson)

 

That Council adopt the report and recommendations of the Value Management Workshop held on 12 May 2010 with the understanding that the dam storage component may be either on stream or off stream  at this stage undetermined.

 

NoteCr Smyth and Cr Moran requested that their votes be recorded as against this resolution as they do not support the construction of a dam.

 

 


 

ITEM 8.3      SF624                170610      Proposed Memorandum of Understanding with the Northern                         Rivers Catchment Management Authority

2207/10 Resolved:       (Moran/South)

 

That Council not accept an Memorandum of Understanding with the Northern Rivers Catchment Management Authority as proposed in their letter of 22 September 2009.

 

NoteCr Smyth and Cr Flack requested that their votes be recorded as against this resolution as they believe that Council should support the Memorandum of Understanding.

 

 

 

ITEM 8.4      SF1031              170610      Options for Insurance of Council's Buildings

2208/10 RESOLVED:       (Ainsworth/Finlayson)

 

That the information concerning options for the insurance of Council’s buildings be received.

 

 

 

ITEM 8.5      SF35                  170610      General Manager - Delegations of Authority

2209/10 RESOLVED:       (Ainsworth/Finlayson)

 

That Council delegate authority to the General Manager to perform functions in accordance with the list in the attachment.

 

 

 

ITEM 8.6      SF1254              170610      Financing of Environmental Defender's Office

2210/10 RESOLVED:       (Flack/Court)

 

That the information concerning the financing of the Environmental Defender’s Office be received.

 

 

 

ITEM 8.7      SF1480              170610      Proposed lease for encroachments onto Reserve R88941 by                                         Nambucca Beach Holiday Park

Motion:      (Smyth/Flack)

 

1          That Council in its capacity as Reserve Trust Manager for Reserve R88941 offer to the Registered Proprietor of Lot 162 in DP755560 (“the Operator”) a ten year Lease of part Lot 7003 DP 1113130 being the area encroached upon by improvements on the Nambucca Beach Holiday Park on the proviso:

 

i           The Operator meets all costs associated with the preparation and registration of the Lease;

ii           The Operator establishes an APZ on the Northern and Eastern boundaries of the Park in accordance with and pursuant to the recommendations and directions of the Land and Property Management Authority;

iii          That the Operator relocate immediately all dwellings situate over the Council rising main the subject of the registered easement;

iv          That all other encroachments will be entirely removed prior to or upon expiry of the Lease;

v           The Lease contains any other term or condition deemed necessary by Council’s Legal advisors on the matter.

 

2          That the rent under the proposed Lease of part Lot 7016 in DP 1065524 be determined by independent market evaluation on a best and highest use basis, such valuation to be obtained at the expense of the Lessee.

 

3          The Operator of the Nambucca Beach Holiday Park be advised that Council is unable to renew the Operating Approval for the Caravan Park/Holiday Centre until such time as the encroachment issues are either resolved or a new Lease over part of the adjoining Reserve area R88941 is granted.

 

4          That the General Manager and the Mayor be authorised to conclude negations for the Lease terms and conditions and execute all documents required to give effect to the Lease of part Reserve R88941.

 

Amendment:       (Ainsworth/Finlayson)

 

1          That Council in its capacity as Reserve Trust Manager for Reserve R88941 offer to the Registered Proprietor of Lot 162 in DP755560 (“the Operator”) a ten year Lease of part Lot 7003 DP 1113130 being the area encroached upon by improvements on the Nambucca Beach Holiday Park on the proviso:

 

i           The Operator meets all costs associated with the preparation and registration of the Lease;

ii           The Operator establishes an APZ on the Northern and Eastern boundaries of the Park in accordance with and pursuant to the recommendations and directions of the Land and Property Management Authority;

iii          That the Operator relocate immediately all dwellings situate over the Council rising main the subject of the registered easement;

iv          That all other encroachments will be entirely removed prior to or upon expiry of the Lease;

v           The Lease contains any other term or condition deemed necessary by Council’s Legal advisors on the matter.

 

2          That the rent under the proposed Lease of part Lot 7016 in DP 1065524 be determined by independent market evaluation on a best and highest use basis, such valuation to be obtained at the expense of the Lessee.

 

3          The Operator of the Nambucca Beach Holiday Park be advised that Council is unable to renew the Operating Approval for the Caravan Park/Holiday Centre until such time as the encroachment issues are either resolved or a new Lease over part of the adjoining Reserve area R88941 is granted.

 

4          That the General Manager and the Mayor be authorised to conclude negations for the Lease terms and conditions and execute all documents required to give effect to the Lease of part Reserve R88941.

 

Proposed terms for a long term tenure to include:

 

A       The Lessee at the Lessees expense:

 

          i              Obtain an independent market valuation of “best and highest use” rent for the area of encroachment. Note it is not proposed that any discount be offered with respect to this tenure irrespective of the terms of previous Leases. It should be noted that the Land and Property Management Authority position in this regard is:

 

                        “Our position is that these prior tenures were provided on more than favourable terms to the holder so as to temporarily authorise the occupation of the land and provide an adequate window for the holder to facilitate the removal of the encroachments. Our view is that upon expiry of the initial tenures this window has closed and any new tenure would reflect standard terms and conditions as related to the ongoing commercial use of the land”.

 

ii             Commission a Review of Environmental Factors (and if necessary an Environment Impact Statement) to determine the viability and impact of establishing the recommended APZ.

iii            Establish the APZ pursuant to Land and Property Management Authority guidelines or as they may otherwise direct.

iv            Compile the Plan of Subdivision and all other documents required to register the Lease

v             Meet all legal costs of the Lessor (the Trust)

 

B          The premise of the Lease is to remove/relocate the encroaching structures prior to the expiry of the Lease or as they are vacated or sold whichever occurs earlier.

 

C          That the perimeter of the Leased area be defined by the erection of a bollard style fence line to be erected at the Lessee expense.

 

D          That the Lessee submit a bond of $25,000.00 redeemable by the Trust in the event the terms of the Lease are breached or further encroachments are made onto the Reserve.

 

E          The Lessee then satisfying Council's requirements under the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 including the redefining of the boundaries of the park and park site layout.

 

The amendment was carried and it became the motion.

 

Further Amendment:          (Ainsworth/Moran)

 

That the matter be deferred for an onsite inspection.

 

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

 

2211/10 Resolved:       (Ainsworth/Moran)

 

That the matter be deferred for an onsite inspection.

 

 

 

 


2212/10 Resolved:       (Flack/Court)

 

That Council bring forward Item 9.2 from the General Purpose Committee as there were interested parties in the Gallery.

 

 

 

 


ITEM 9.2           DA2010/114   170610      DA 2010/114 - Report on Rural Industry (Winery) and Ancillary           Facility (Cellar Door Sales Room)

                                                             (Item 9.2 in the General Purpose Committee)

2213/10 RESOLVED:       (Hoban/Court)

 

That consent be granted subject to the following conditions:

 

GENERAL CONDITIONS

 

1        Deferred Commencement Consent

 

This consent does not operate until Council is satisfied that:

 

          A liquor license approval for the proposed outlet has been granted by the NSW Office for Liquor Gaming and Racing.

 

In satisfying Council as to the above, Council must be furnished with a copy of the liquor license approval along with copies of the application and all supporting information including the Community Impact Statement.

 

Evidence of compliance with the above condition(s), sufficient to satisfy the Council as to those matters, must be provided within 12 months of this notice. If satisfactory evidence is produced, in accordance with this requirement, Council will give notice to the applicant of the date from which the consent operates.

 

2        Development is to be in accordance with approved plans

 

The development is to be implemented generally in accordance with the plans and supporting documents set out in the following table except where modified by any conditions of this consent.

 

Plan No/Supporting Document

Version

Prepared by

Dated

Statement of Environmental Effects

1

Wilhelm Gruber

Undated

Ground Floor Plan showing proposed Cellar Door Salesroom.

1

Wilhelm Gruber

Undated

Site Plan showing Car Parking area and Toilet Facilities

1

Wilhelm Gruber

Undated

 

In the event of any inconsistency between conditions of this development consent and the plans/ supporting documents referred to above, the conditions of this development consent prevail.

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO COMMENCEMENT OF BUILDING WORKS

 

3        On-site sewage management facility Section 68 approval required

 

An approval under Section 68 of the Local Government Act 1993 for plumbing and drainage associated with the disabled toilet facility must be obtained from Council.

 

4        Consent required for works within the road reserve

 

Consent from Council must be obtained for all works within the road reserve pursuant to Section 138 of the Roads Act 1993.

 

Required work

Specification of work

Headwalls

Installation of concrete headwalls at both ends of the piped culvert under the driveway entrance.

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO COMMENCEMENT OF USE

 

5                Food premises fit-out

 

Food processing areas are to be fitted out to comply with AS 4674 – 2004 “Design, Construction and Fitout of Food Premises”.

 

Within the Cellar Door tasting area a separate wash hand basin is to be provided to the proposed sink area. to comply with food safety standards 3.2.3, “Food Premises & Equipment”.

 

Food business is required to be registered with NSW Food Authority under section 100 of the Food Act 2003 and notified to Council. Food production is to comply with the Food Act 2003, Australian New Zealand Food Standards Code.

 

Provision of a water supply of suitable quality to ensure compliance with NSW Health Guidance on the Use of Rainwater Tanks.

 

6        Access and facilities for disabled

 

Modification to the existing toilet facility on site to indicate access and facilities for persons with access disabilities to and within the development in accordance with AS 1428.1 - Design for Access and Mobility and Part D3 of the Building Code of Australia.

 

Access pathways to and dimensions of the disable toilet cubicle to comply with the above Australian Standard.

 

Access pathway from any designated disable parking area to the toilet facilities to be in accordance with the AS 1428.1. One (1) disabled car parking space is to be provided beside the toilet facility.

 

7              Operation of car parking area

 

An all weather car parking area is to be provided on-site and clearly delineated for exclusive use of customers. The car park area, driveways and turning areas must be kept clear of permanent obstructions.

 

8                Works to be completed

 

All of the works indicated on the plans and granted by this consent, including any other consents that are necessary for the completion of this development, are to be completed and approved by the relevant consent authority/s prior to commencement of the use.

 

9        Safety Barrier

         

          A permanent safety barrier and visual screen shall be erected on the outside bend of the internal driveway in the location shown marked on the approved site plan.  The visual screen may comprise a dense planting of native vegetation.

 

10      Passing Bays

 

          All weather passing bays are to be constructed on each side of the internal driveway to facilitate two way traffic.

 

          Details of the proposed passing bays are to be submitted to Council for approval and all works completed prior to commencement of the activity.

 

11      Land use

 

          All alcohol sold from the Cellar Door must be produced on the property from which this consent operates.  The importation of bulk wine is only permitted for blending purposes.  Any expansion of the activity beyond the terms of this consent will require the separate approval of Council.

 

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH AT ALL TIMES

 

12      Advertising signs

 

One (1) advertising sign with maximum dimensions 1m2 is permitted at the entrance to the property. The sign must be maintained in a neat and attractive condition to the satisfaction of Council.

 

Separate development consent is required from Council prior to the erection of any advertisements or advertising structures other than the sign/s, approved in this consent.

 


13      Restricted hours of operation

 

The hours of operation of the business are restricted to the times set out in the following table:

 

Period

Start Time

Finish Time

Monday to Sunday

10.00 am

5.00 pm

 

Any alteration to the above hours of operation will require the further consent of Council.

 

 

 

FOR THE MOTION:                   Councillors Hoban, Court, Flack, Ballangarry, Smyth, Finlayson,                                       Ainsworth, Moran and South       (TOTAL 9)

AGAINST THE MOTION:            Nil                                            (TOTAL 0)

 

 

2214/10 Resolved:       (Smyth/Flack)

 

That Council write to the Liquor, Gaming and Casino Authority at the time the liquor license application is submitted by the applicant indicating the concerns the neighbour has in relation to the development.

 

 

 

 

ITEM 8.8      SF15                  170610      Report on Workshop for Saleyard Safety and Compliance

Motion:      (Court/Flack)

 

1          That Council consult with the Showground Committee of Management to clearly identify an area of approximately 7950sq m immediately around the Saleyards for the exclusive use for the Saleyards and contain the area with appropriate fencing and signage.

 

2          That Council undertake the minimum work required to make ready the Saleyards for a long term lease arrangement (say 15 years.)

 

3          That Council advertise by Tender for suitably qualified parties to operate the Saleyard under a 15 year lease arrangement on terms deemed necessary by Council’s legal advisors.

           

4          That a report comes to Council on the response to the Tender for suitable parties to operate the Saleyard under a long term lease arrangement.         

 

5          That in the event there are no parties interested in operating the Saleyards under a long term lease arrangement and Council elects not to commit sufficient funds to meet the cost of works required to complete the list of actions and recommendation detailed in the South Eastern Workplace Safety Report dated 21 January 2010, Council serve notice of termination of the licence agreement on the current Licensee and upon expiry of the notice period cease trading at the Saleyards and close the facility.

 

Amendment:       (Finlayson/South)

 

That Council’s Property Officer provide a report as to what might constitute a reasonable charge for persons selling livestock through the Macksville Saleyards and provide information regarding fees charged at neighbouring saleyard complexes.

 

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

 

2215/10 Resolved:       (Finlayson/South)

 

That Council’s Property Officer provide a report as to what might constitute a reasonable charge for persons selling livestock through the Macksville Saleyards and provide information regarding fees charged at neighbouring saleyard complexes.

 

 


 

ITEM 8.9      T008/2010           170610      Tenders for Provision of Banking and Associated Services -                                          T008/2010

2216/10 RESOLVED:       (Moran/Ainsworth)

 

That Council accept the Tender from the National Australia Bank for the supply of Council’s banking services for the five year period 1 July 2010 to 30 June 2015, in accordance with the terms and conditions stated in its Tender response, excluding the electronic bill payment services that will continue as currently in operation.

 

 

 

General Manager Report – LATE

 

ITEM 8.10    SF394                170610      Report on Investments to 31 May 2010

2217/10 RESOLVED:       (Moran/Ainsworth)

 

That the Accountants’ Report on Investments placed to 31 May 2010 be noted.

 

 

 

ITEM 8.11    SF394                170610      Investment Principal Lost Capital

2218/10 RESOLVED:       (Moran/Ainsworth)

 

1        That the report on the amount of lost capital on the principal originally invested since the Global Financial Crisis commenced be received.

 

2        That Council use the UBSA Bank Bill Index as a benchmark for investment performance

 

 

 

Director Environment and Planning Report

 

ITEM 9.1      SF1261              170610      Outstanding DA's greater than 12 months, applications where             submissions received not determined to 7 June 2010

2219/10 RESOLVED:       (Ainsworth/South)

 

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 9.2      SF1261              170610      DA's and CDC's Received and Determined under Delegated                                          Authority 25 May-7 June 2010

2220/10 RESOLVED:       (Moran/Finlayson)

 

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

 

 


 

ITEM 9.3      SF1261              170610      DEP Applications and Statistical Reports July 2009-June 2010,                    2002-2010 and Certificates Received 2004-2010

2221/10 RESOLVED:       (Court/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 Occupational Certificate released for the years 2004 to 2010.

 

3          That Council note the statistical information for Applications and Certificates received by Council for 2004-2010.

 

4          That Council note the statistical breakdown of development applications thus far for the current year beginning 1 January 2010.

 

 

 

ITEM 9.4      SF1148              170610      Contract Regulatory Officer's Report - May 2010

2222/10 RESOLVED:       (Court/Flack)

 

That the report from the Contract Regulatory Officer for May 2010 be received and noted by Council.

 

 

 

ITEM 9.5      SF1496              170610      Report on the Minutes of the Nambucca River, Creeks, Estuary                    and Coastline Management Committee Meeting held on                     28 May 2010

Motion:      (Flack/Ballangarry)

 

1          That Council write to the Minister for Roads and Andrew Stoner MP requesting a response to the issue of the current highway acting as a levee for flooding in Macksville.

 

2          That Council formally acknowledge in writing, the local organisations and groups identified in the report submitted to the Nambucca River, Creeks, Estuary and Coastline Management Committee, recognising the work undertaken to successfully complete the projects along the Nambucca River.

 

3          That Council pursuant to Clause 4.2.2 (h) of the Nambucca Shire Procurement Procedures Manual, it proceed to engage Greenspan from Coffs Harbour to install, monitor, manage and maintain data loggers and provide this information to Council as quoted, due to the unavailability of competitive or reliable tenderers for this project.

 

4          That future Agendas of the Nambucca River, Creeks, Estuary and Coastline Management Committee include a General Business section, which provides the opportunity for Reports from Members and Departmental updates from Attendees.

 

5          That Council, as a matter of urgency provide a copy of the submission Council made to the Department of Planning in relation to the new Pacific Highway Bypass and in particular the flooding aspects, to the Member for Oxley, Andrew Stoner for his information.

 

6          That Council accept an Alternate Delegate for those members of the Committee who represent a group or organisation where the appointed member is unable to attend.

 

7          That the remaining minutes from the Nambucca River, Creeks, Estuary and Coastline Management Committee held on 28 May 2010 be endorsed.

 

Amendment:       (Ainsworth/Court)

 

 

1          That Council write to the Minister for Roads and Andrew Stoner MP requesting a response to the issue of the current highway acting as a levee for flooding in Macksville.

 

2          That Council formally acknowledge in writing, the local organisations and groups identified in the report submitted to the Nambucca River, Creeks, Estuary and Coastline Management Committee, recognising the work undertaken to successfully complete the projects along the Nambucca River.

 

3          That Council pursuant to Clause 4.2.2 (h) of the Nambucca Shire Procurement Procedures Manual, it proceed to engage Greenspan from Coffs Harbour to install, monitor, manage and maintain data loggers and provide this information to Council as quoted, due to the unavailability of competitive or reliable tenderers for this project.

 

4          That future Agendas of the Nambucca River, Creeks, Estuary and Coastline Management Committee include a General Business section, which provides the opportunity for Reports from Members and Departmental updates from Attendees.

 

5          That Council, as a matter of urgency provide a copy of the submission Council made to the Department of Planning in relation to the new Pacific Highway Bypass and in particular the flooding aspects, to the Member for Oxley, Andrew Stoner for his information.

 

6          That Council write to organisations requesting the names of Alternate Delegates for those members unable to attend and the Alternate Delegate is to be provided with the business paper beforehand.

 

7                     That the remaining minutes from the Nambucca River, Creeks, Estuary and Coastline Management Committee held on 28 May 2010 be endorsed.

 

Amendment was carried and it became the motion and it was:

 

2223/10 Resolved:       (Ainsworth/Court)

 

1          That Council write to the Minister for Roads and Andrew Stoner MP requesting a response to the issue of the current highway acting as a levee for flooding in Macksville.

 

2          That Council formally acknowledge in writing, the local organisations and groups identified in the report submitted to the Nambucca River, Creeks, Estuary and Coastline Management Committee, recognising the work undertaken to successfully complete the projects along the Nambucca River.

 

3          That Council pursuant to Clause 4.2.2 (h) of the Nambucca Shire Procurement Procedures Manual, it proceed to engage Greenspan from Coffs Harbour to install, monitor, manage and maintain data loggers and provide this information to Council as quoted, due to the unavailability of competitive or reliable tenderers for this project.

 

4          That future Agendas of the Nambucca River, Creeks, Estuary and Coastline Management Committee include a General Business section, which provides the opportunity for Reports from Members and Departmental updates from Attendees.

 

5          That Council, as a matter of urgency provide a copy of the submission Council made to the Department of Planning in relation to the new Pacific Highway Bypass and in particular the flooding aspects, to the Member for Oxley, Andrew Stoner for his information.

 

6          That Council write to organisations requesting the names of Alternate Delegates for those members unable to attend and the Alternate Delegate is to be provided with the business paper beforehand.

 

7          That the remaining minutes from the Nambucca River, Creeks, Estuary and Coastline Management Committee held on 28 May 2010 be endorsed.

 

 

 

ITEM 9.6      SF785                170610      Report on Nambucca Shire Crime Prevention Plan

2224/10 RESOLVED:       (Flack/Smyth)

 

1          That Council note the report against progress for the Crime Prevention Plan (CPP) action plan as attached.

 

2          That Council inform the NSW Attorney General's Office of progress against the original plan.

 

 

 

Director Engineering Services Report

 

ITEM 10.1    SF992                170610      Nambucca Emergency Operations Centre Committee Minutes –                  2 June 2010

2225/10 RESOLVED:       (Ainsworth/South)

 

That Council adopt the minutes of the Nambucca Emergency Operations Centre Committee meeting held on 2 June 2010.

 

 

 

ITEM 10.2    SF1092              170610      Status of Plans of Management for Community Land

2226/10 RESOLVED:       (Ainsworth/Court)

 

1        That Council note the report on the status of the Plans of Management for Community Land.

 

2        That Council adopt the Bellwood Road Reserve as priority 1 for the development of a future Plan of Management.

 

2227/10 Resolved:       (Flack/Court)

 

That Council receive a report on the management arrangements for the Bowraville golf course.

 

  

 

General Purpose Committee REPORT

 

ITEM 8.1           SF653            170610      Garden Plantings Nambucca Heads

                                                             (Item 8.1 in the General Purpose Committee)

MOTion:      (Court/Ainsworth)

 

That the Ganly’s Gardeners meet with Council’s Senior Overseer and Parks and Reserves Supervisor to discuss suitable locations, plants and purchasing arrangements for the Nambucca Heads area; and that the volunteers be thanked and encouraged for their gardening efforts.

 

Amendment:       (Moran/Ainsworth)

 

1        That the Ganly’s Gardeners meet with Council’s Senior Overseer and Parks and Reserves Supervisor to discuss suitable locations, plants and purchasing arrangements for the Nambucca Heads area; and that the volunteers be thanked and encouraged for their gardening efforts.

 

2        That Council receive a report on Council’s value of assistance provided to Ganly’s Gardeners. .

 

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

 

 

2228/10 Resolved:       (Moran/Ainsworth)

 

1        That the Ganly’s Gardeners meet with Council’s Senior Overseer and Parks and Reserves Supervisor to discuss suitable locations, plants and purchasing arrangements for the Nambucca Heads area; and that the volunteers be thanked and encouraged for their gardening efforts.

 

2        That Council receive a report on Council’s value of assistance provided to Ganly’s Gardeners.

 

 

 

ITEM 8.2           SF1446          170610      Draft Management Plan 2010/2030 and Draft Budget and                             Revenue Policy 2010/2011

                                                             (Item 8.2 in the General Purpose Committee)

2229/10 RESOLVED:       (Flack/Finlayson)

 

1          That Council reinstate the 10% increase contribution to the Clarence Regional Library in line with Bellingen and Coffs Harbour councils being an increase of approximately $9,500 to the exhibited draft 2010/11 budget.

 

2          That Council include Stage 2 of the South Macksville Park funded from Section 94 as per the Community Facilities Contribution Plan.

 

3          That Council allocate an additional $4,000 to the budget for the removal and replacement of trees and provide $4,000 to Ganly’s Gardeners for the establishment of gardens at Nambucca Heads.

 

4          That Council consolidate the Council Chambers Upkeep, Self Insurance and Tourist Centre Upkeep reserves into a single Council Buildings reserve.

 

5          That Council adjust the Sewerage Charges for 2010/11 to:

 

Sewerage Usage Charge                                  $2.38

Residential Sewerage Access Charge              $415

Vacant Non Connection Access Charge            $169

Non Residential Access Charge - 20mm            $174

Non Residential Access Charge - 40mm            $526

Non Residential Access Charge - 50mm            $801

Non Residential Access Charge - 80mm            $2,198

Non Residential Access Charge - 100mm          $3,094

 

6          It is recommended that the funds of $14,500 to undertake the professional Odour Assessment be taken from the unused Community Grants allocation in the Environmental Levy.

 

7          That Council allocate $100,000 in the 2010/11 budget to attend to non compliance issues at Council’s Saleyards subject to Council’s final decision on the future of the Saleyards.

 

8          That Council note the savings to resealing in the 2009/10 budget of $104,000.

 

9          That Council note the deferral of the extension to the NEOC building and the associated allocations in the draft 2010/11 budget.

 

10         That Council note the minimum works required for landslips at Jason Cottages allowing the deletion of $146,000 in the current 2009/10 budget.

 

11         That Council note the requirement to increase hours in the creditor’s function with the Creditors Officer to remain at 35hrs per week on a permanent basis (up from 28 hours).

 

12         That Council include in the 2010/11 budget a provision of $20,000 for modification of the Tewinga Hall to enable its use by 2NVR.

 

13         That Council note the deferral of an asset management software module in 2009/10 representing $70,000 in the current budget.

 

14         That the Draft Management Plan for 2010/2015 and the Draft Budget and Revenue Policy for 2010/2011 be amended to reflect the foregoing recommendations and be adopted.

 

Note:  Cr Finlayson left the meeting at 7.34 pm and was not in attendance for the recommendation regarding the IT function and returned at the conclusion of the discussion and voting at 7.36 pm.

 

2230/10 Resolved:       (Court/Flack)

 

That Council note the requirement for temporary support in the IT function and endorse the appointment of the temporary IT Officer.

 

2231/10 Resolved:       (Flack/Smyth)

 

That a report be brought forward on the existing policy on tree removal relating to the fee payable.

 

 

 

ITEM 8.3           SF841            170610      Warrell Creek to Urunga - Pacific Highway Upgrade - Flood                          Issues  (Item 8.3 in the General Purpose Committee)

2232/10 RESOLVED:       (South/Court)

 

1        That Council note the presentation by the Roads and Transport Authority in relation to flooding issues arising out of the proposed upgrading of the Pacific Highway from Warrell Creek to Urunga.

 

2        That Council thank Messrs Higgins, Clark, Eastwood and Cameron from the Roads and Traffic Authority, Ms Sarah Gosling and Mr Adrian Howard from SKM and Mr Bannister (engaged as an independent reviewer of modelling undertaken) for their attendance.

 

2233/10 Resolved:       (Hoban/Flack)

 

3               That the Roads and Traffic Authority be requested to present the findings of the Peer Review to Council.

 

2234/10 Resolved:       (Court/Ainsworth)

 

4        That the Roads and Traffic Authority be requested to respond to those questions which had been drafted by residents and submitted at the General Purpose Committee meeting in or accompanying the report on the Peer Review of the Flood Study.

 

2235/10 Resolved:       (Finlayson/Flack)

 

5        That the Roads and Traffic Authority be reminded of their offer to erect markers at Kings Point and River Street Macksville to indicate the anticipated level of the 1:100 flood frequency event with and without the new Highway.

 

 


 

ITEM 9.1           SF578            170610      Report on Guidelines - Duty to Report Contamination Under the                               Contaminated Land Management Act 1997

                                                             (Item 9.1 in the General Purpose Committee)

2236/10 RESOLVED:       (Court/Flack)

 

1          That the recent amendments to the Contaminated Land Management Act 1997 be noted.

 

2          That the new Guidelines on the Duty to Report Contamination under the Contaminated Land Management Act 1997 be noted.

 

3          That Council note that ten (10) sites have been identified for additional assessments.

 

4          That Council, subject to funding being allocated, proceed with professional assessments on the ten sites that need additional investigation before being reported to DECCW.

 

5          That Council consider allocating $14,500 for this project from the Environmental Levy when it considers its September 2010/2011 Budget Review.

 

6          That subject to Council making the funds available at the September 2010/2011 budget review, Council accept the quote from Coffey Geotechnics Pty Ltd to undertake the Stage 2 assessment due to their past experience and reputation.

 

7          Should funds not be available in the September 2010/2011 budget review, the matter be deferred to subsequent budget reviews for consideration.

 

 

Item 9.2 was dealt with earlier in the meeting.

 

 

 

ITEM 10.1         SF290            170610      Administration Building - Provision of Disabled Ramp in Council                               Chambers (Item 10.1 in the General Purpose Committee)

2237/10 RESOLVED:       (Ainsworth/Court)

 

1        That Council adopt Option 1 for an access ramp recessed into the existing podium as the preferred concept should funding become available subject to confirmation that the 1:8 grade complies.

 

2        That Council advise the Access Committee of Council’s decision and thank them for drawing the matter to Council’s attention.

 

NoteCr Smyth and Cr Flack requested that their votes be recorded as against this resolution as the Access Committee has not seen the second option.

 

 

 

ITEM 10.2         SF699            170610      Public Amenities Condition Report

                                                             (Item 10.2 in the General Purpose Committee)

2238/10 RESOLVED:       (Finlayson/Ainsworth)

 

That Council note the report and endorse the recommended strategy for maintenance, upgrade and replacement of public amenities in the Shire.

 

 


 

ITEM 10.3         LF3501          170610      Nambucca Hea ds Island Golf Course Bridge (Item 10.3 in the General Purpose Committee)

2239/10 RESOLVED:       (Court/Smyth)

 

1        That Council advise the Nambucca Heads Island Golf Club that they remain responsible for the maintenance of the entrance bridge and leased area and responsibility for the bridge be reinforced in the new lease.

 

2240/10 Resolved:       (Flack/South)

 

2        That Council approach the Land and Property Authority seeking financial assistance for the access bridge and that a letter of support be obtained from the Nambucca Heads Island Golf Club.

 

    

 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

Resolved: (Ainsworth/Finlayson)

 

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:

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 11.1    EF1008              170610      General Manager - New Employment Contract

 

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) (a) of the Local Government Act, 1993, on the grounds that the report contains personnel matters concerning particular individuals.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.45 pm.

 

 

 

 


 


RESUME IN OPEN MEETING

 

RESOLVED: (Moran/Court)

 

That Ordinary Council Meeting resume in Open Meeting.  The Ordinary Council Meeting resumed IN OPEN MEETING at  7.50 pm.

 

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 11.1    EF1008              170610      General Manager - New Employment Contract

2241/10 RESOLVED:       (Flack/Moran)

 

That Council endorse the new employment contract to be offered to the General Manager.

 

 

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.55 pm.

 

Confirmed and signed by the Mayor on 1 July 2010.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)