The following document is the minutes of the Council meeting held on 29 November 2012.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 12 December 2012 and therefore subject to change.  Please refer to the minutes of 12 December 2012 for confirmation.

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Paula Flack

Cr Kim MacDonald

Cr Elaine South

Cr Anne Smyth

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Greg Meyers (AGM Corporate & Community Services)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

APOLOGIES

 

Cr Bob Morrison – on approved leave.

 

 

PRAYER

 

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

 

 

DISCLOSURE OF INTEREST

 

The General Manager, Michael Coulter, declared pecuniary interest in Item 9.9 Water Usage - Macksville Park and Council Facilities Generally under the Local Government Act as the General Manager states the report refers to the fact that there are no charges for water usage by the two surf life saving clubs.  He is the Honorary Secretary of the Macksville-Scotts Head Sur Live Saving Club.  Mr Coulter left the meeting for this item.

 

Councillor K MacDonald declared a pecuniary interest in Item 9.9 Water Usage - Macksville Park and Council Facilities Generally under the Local Government Act as Cr MacDonald’s husband is Vice President of the Macksville Football Club which is currently not paying water charges to Macksville Park..  Cr MacDonald left the meeting for this item.

 

Councillor Smyth declared a non-pecuniary significant conflict of interest in Item 9.10 Draft Flying Fox Plan of Management, Grassy Park, Bowraville under the Local Government Act as Cr Smyth’s sister-in-law works for Nambucca Valley Landcare, one of the organisations who have assisted Council in the development of the Plan of Management and there may be a perception by some members of the community that this relationship may influence her decision.

 

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 14 November 2012

 

3651/12 RESOLVED:       (South/Flack)

 

That the minutes of the Ordinary Council Meeting of 14 November 2012 be confirmed subject to the following amendment:

 

          Page 7, Item 11.8  the resolution was moved by Cr Hoban seconded Cr Finlayson.

 

 

 

DELEGATIONS

 

Resolved: (Ainsworth/South)

 

That the following delegations be heard:

 

9.3     Gumma (Boulton's Crossing) Reserve

          i)  Mr Pat Burgess

9.10   Draft Flying Fox Plan of Management, Grassy Park, Bowraville

                   i)  Ms Dianne Glennon – Objector

                   ii) Mr Todd Vercoe – Supporter

10.8   DA 2012/011 346 Residential Lot Subdivision - Bellwood. Update on Assessment

                   i)  Ms Leanne Boatfield – Objector

 

Mr Pat Burgess addressed Council making the following points:

·    Problem of having a committee and where it was going

·    Attended daily night and morning and spoke to people staying at reserve to ascertain what is wanted by visitors

·    Visitors expect what is there now with some updating

·    Offered his assistance to Cr Ainsworth and passed on his thoughts to the Mayor

·    Problems that need addressing: being used as a dump point for mobile homes

·    Advised by Council that there may be a dump point supplied on northern side of Macksville Bridge

·    Increasing of fees from $12 to $20 during the Christmas period

·    Usually used by locals at this time – not good idea to put up fee at this time

·    Park is becoming more popular

·    Needs full management plan, could then become self reliant

·    Boosts local economy

·    Is prepared to form a ‘workable body’ which he is prepared to head at a fee of $100 per week.

 

ITEM 9.3      PRF54                291112      Gumma (Boulton's Crossing) Reserve

3652/12 Resolved:       (Ainsworth/South)

 

1        That Council does not proceed with any management plan until there has been a meeting with National Parks and Wildlife Service and the Department of Lands.

 

2        That port-a-loos be installed for the period of the festive season.

 

3        That a report come to Council regarding any obstacles which may be expected in relation to the Section 68 Approval and Section 82 Variation.

 

4        That a report come to Council regarding how the land which was gazetted on 5 May 1938 as a reserve for public recreation came to be transferred.

 

3653/12 Resolved:       (Ainsworth/MacDonald)

 

That the fees remain at $12 per night per site until after the festive season (and after a meeting with various interested parties on 6 January 2013) and further, that a sign be erected outlining the fees and rules of the camping facility.

 

Amendment:       (Flack/Smyth)

 

That camping fees a the Boultons Crossing (Gumma Reserve) be maintained at $12 per site per night, except for designated NSW school  holidays when the camping fee will be $20 per site per night.

 

The amendment was LOST.

 

 

DELEGATIONS continued

 

Ms Dianne Glennon addressed Council making the following points:

·    Was informed that page 76 of Plan of Management has been changed—sought clarification

·    Represents 480+ residents who signed petition against flying foxes in vicinity of residential area

·    $40,000 wasted

·    Area is full of (noxious) weeds and vines

·    Hendra virus outbreaks in Queensland show possible danger to humans

·    No bats at present, fresh air and can open windows, can spend time in their back yard

·    Grassy Park was a valuable community asset and used by many including the school for swimming carnivals

·    Clear grass area and have Council maintain regularly

·    Time to get it right is now, not when there is a forest

·    One man with the right machinery could have done the same work as what took Council staff weeks to do

·    Wants a change to the Management Plan to remove vegetation which attracts flying foxes “in or near a residential area”

·    Wants plan that redirects flying foxes and beautifies the town.

 

Mr Todd Vercoe address Council making the following points:

·    Speak in support of motion for plan of management

·    Not that the needs/importance of flying foxes outweigh that of residents’

·    Works carried out by contractors and volunteers (15-20 volunteers)

·    Council has confirmation that any trees in the buffer zone attracting flying foxes can be removed

·    Hendra virus can also be carried by dogs and cats

·    Longer term view is needed

·    Need for workable relationship between flying foxes and people in Bowraville

·    Likely that flying foxes will return to the North Arm Bridge affecting approx 100 people (many mature camphor laurel trees at that site)

·    Need for holistic sustainable approach to management of flying foxes

 

ITEM 9.10    SF430                291112      Draft Flying Fox Plan of Management, Grassy Park, Bowraville

Motion:      (Flack/Smyth)

 

That the Flying Fox Plan of Management for Grassy Park, Bowraville be amended on page 76 in Zone 3b to include “if any vegetation in the buffer zone is found to attract flying foxes then the vegetation will be removed and replaced with an alternative non-Flying Fox attracting species that will help inhibit weed growth” and the Plan of Management be endorsed.

 

Amendment:       (Ainsworth/South)

 

That the Flying Fox Plan of Management for Grassy Park, Bowraville be amended on page 76 in Zone 3b to include “if any vegetation in or near a residential area is found to attract flying foxes then the vegetation will be removed and replaced with an alternative non-Flying Fox attracting species that will help inhibit weed growth” and the Plan of Management be endorsed.

 

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

 

Motion:      (Ainsworth/South)

 

That the Flying Fox Plan of Management for Grassy Park, Bowraville be amended on page 76 in Zone 3b to include “if any vegetation in or near a residential area is found to attract flying foxes then the vegetation will be removed and replaced with an alternative non-Flying Fox attracting species that will help inhibit weed growth” and the Plan of Management be endorsed.

 

The motion upon being put was LOST.

 

 

Motion:      (Finlayson/MacDonald)

 

That Council hear an additional delegation from Ms Glennon.

 

Amendment:       (Flack/MacDonald)

 

That, in fairness, Council hear a delegation from both speakers.

 

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

 

3654/12 Resolved:       (Flack/MacDonald)

 

That, in fairness, Council hear a delegation from both speakers.

 

Ms Glennon addressed Council making the following point:

 

  • The answer, by Council staff, was “no” as to paying the grant money back if the Plan of Management did not get up.

 

Ms Marion    (for Mr Vercoe) addressed Council making the following point:

 

  • We (Council) have a legal obligation to have a Plan of Management and it provides the opportunity for compromise.

 

Motion:      (Finlayson/Ainsworth)

 

That the Grassy Park Plan of Management be rejected and a new Plan of Management be developed and directed towards the enjoyment of the Park by humans and the exclusion of flying foxes.

 

Amendment:       (Finlayson/Ainsworth)

 

That Council write to the Department asking whether they will seek a refund of the grant money paid if no Plan of Management for Flying Foxes at Grassy Park is adopted or if a Plan different to that recommended is adopted.

 

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

 

3655/12 Resolved:       (Finlayson/Ainsworth)

 

That Council write to the Department asking whether they will seek a refund of the grant money paid if no Plan of Management for Flying Foxes at Grassy Park is adopted or if a Plan different to that recommended is adopted.

 

 

 

 

 

 

DELEGATIONS continued

 

Ms Leanne Boatfield addressed Council making the following points:

 

 

 

ITEM 10.8    DA2012/011        291112      DA 2012/011 346 Residential Lot Subdivision - Bellwood. Update on Assessment

3656/12 RESOLVED:       (Finlayson/Ainsworth)

 

That this item be deferred to the next Council meeting on 12 December 2012 with a site inspection to be arranged.

 

 

 

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

 

ITEM 9.1      SF959                291112      Outstanding Actions and Reports

3657/12 RESOLVED:       (MacDonald/South)

 

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

 

3658/12 Resolved:       (Flack/Smyth)

 

That in future the Environment Levy program be exhibited in the libraries as well as the other usual places of exhibition.

 

 

 

3659/12 Resolved:       (Ainsworth/South)

 

That Item 9.7 Water and Sewerage Access Charges and Domestic Waste Charges for Multi Residential - 2012/2013 be brought forward as there is an interested party in the gallery.

 

 

 

 

ITEM 9.7      SF1672              291112      Water and Sewerage Access Charges and Domestic Waste Charges for Multi Residential - 2012/2013

3660/12 RESOLVED:       (Finlayson/South)

 

1          That Council ‘phase-in’ the Sewer Access Charge to Dual Occupancy residential properties where the increase is $400 or more, over two (2) years, and

 

2          That Council ‘phase-in’ both the Sewer and Water Access Charge to Multiple Occupancy residential properties where the increase is $600 or more over three years (using a four year strategy commencing at year 2).

 

3          That amended rates notices be issued to affected rate payers with an explanatory letter.

 

4          That Council varies the wording in its making of the rates Resolution for 2013-14 to:

            “That in accordance with Section 496 of the Act, the annual charge for 2013/2014 for domestic waste service on all occupied rateable land in the Shire categorised as Farmland or Residential under section 515 or 516 of the Act to which a domestic waste service is provided, is made at xxx dollars ($x) for each assessment, such charge to have a short title of ‘Domestic Waste Management – Occupied’ and be otherwise know as the Base charge. In addition, where the property consists of non-strata Dual or Multiple occupancies of five or less occupancies the total charge will be the Base charge multiplied by the number of occupancies; while for six or more occupancies the total charge will be the Base charge plus additional charges for the additional bins required to adequately service the waste needs in accordance with Coffs Coast Waste Services contractual guidelines.

 

5          That owners of properties consisting of non-strata multiple occupancies of six or more be advised they may make application for a reduction in their waste services based on a formula being the Base charge plus additional charges for the additional bins required to adequately service the waste needs in accordance with Coffs Coast Waste Services contractual guidelines.

 

 

The meeting adjourned at 7.47 pm.

The meeting resumed at 8.13 pm.

 

 

ITEM 9.2      SF136                291112      Comparative Information on NSW Councils 2010/2011

3661/12 RESOLVED:       (Ainsworth/MacDonald)

 

That the information concerning the comparative information on NSW Councils for 2010/2011 be received.

 

 

Item 9.3 was dealt with under Delegations.

 

 

 

ITEM 9.4      SF841                291112      Proposed Highway Service Centre - Valla

3662/12 RESOLVED:       (Ainsworth/MacDonald)

 

That Council lobby Roads and Maritime Services and the Member for Oxley to support the establishment of a Highway Service Centre at the proposed Valla interchange on the upgraded Pacific Highway.

 

 

 

ITEM 9.5      SF1120              291112      Grant Application Status Report

3663/12 RESOLVED:       (South/Smyth)

 

That the list of grant applications and their status to 20 November 2012 be received.

 

 

 

ITEM 9.6      SF135                291112      Regional State of the Environment Report 2011/12

3664/12 RESOLVED:       (Finlayson/Smyth)

 

That Council endorse the final draft Comprehensive Regional State of the Environment Report for the year 2011/2012.

 

 

Item 9.7 was dealt with earlier in the meeting.

 

 

 

 

ITEM 9.8      SF329                291112      Crosswinds Wetlands Nature Reserve Committee of Management - Minutes of Annual general Meeting - 27 September 2012

3665/12 RESOLVED:       (South/Ainsworth)

 

That Council endorse the Minutes of the Committee of Management for the Crosswinds Wetlands Nature Reserve’s Annual General Meeting held on 22 September 2011 and thank the Committee for their continued good work in the past twelve months.

 

 

 

Cr Macdonald and the General Manager left the meeting at 8.29 pm and returned after the conclusion of this item at 8.32 pm.

 

ITEM 9.9      PRF49                291112      Water Usage - Macksville Park and Council Facilities Generally

3666/12 RESOLVED:       (Ainsworth/Finlayson)

 

1        Consistent with historic practice, Council’s General Fund pay the water usage account for Macksville Park of $14,380.23 comprising water usage of $7,112.05 and arrears of $7,268.18.

 

2        That the investigations by the Manager Water and Sewerage to identify the reason/s for the excessive water consumption at Macksville Park be noted and that Councillors be notified of the outcome.

 

3        That a report be submitted to Council on the possibility of Committees of Management, Clubs and other not for profit groups who currently do not pay for water consumption being charged for water consumption.

 

 

Item 9.10 was dealt with under Delegations.

 

 

 

ITEM 9.11    SF29                  291112      Clarence Regional Library - Distribution of the Assets and Liabilities Pertaining to the Agreement which Lapsed on 1 November 2011

3667/12 RESOLVED:       (Flack/Smyth)

 

1        That representatives of Clarence Valley Council be requested to participate in a meeting with representatives of Nambucca Shire Council to discuss the distribution of the assets and liabilities of the Clarence Regional Library pertaining to the agreement which lapsed on 1 November 2011.

 

2        That Bellingen Shire Council be advised of Council’s resolution and this report.

 

 

 

General Manager Report – LATE

 

ITEM 9 .12   SF251                291112      Schedule of Council Public Meetings

3668/12 RESOLVED:       (Ainsworth/Finlayson)

 

That the schedule of dates for public Council meetings be noted and received for information by Council.

 

 

 

Assistant General Manager Corporate and Community Services Report

 

ITEM 10.1    SF1719              291112      Nambucca Shire Council Access Committee Meeting – 23 October 2012 - Report

3669/12 RESOLVED:       (Smyth/MacDonald)

 

1          That a letter of support be provided for an application to the Roads and Maritime Services for construction of items identified as the next priorities in the Pedestrian Access Management Plan (PAMP).

 

2          That the minutes of the Access Committee meeting held 23 October 2012 be endorsed. 

 

 

 

ITEM 10.2    SF1709              291112      DA's and CDC's Received and Determined Under Delegated Authority from 5-16 November 2012

3670/12 RESOLVED:       (Smyth/Ballangarry)

 

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

 

 

 

ITEM 10.3    SF1709              291112      Outstanding DA's greater than 12 months, applications where submissions received not determined to 16 November 2012

3671/12 RESOLVED:       (Ainsworth/MacDonald)

 

That the applications where submissions have been received be noted and received for information by Council.

 

 

 

ITEM 10.4    SF1709              291112      DEP Applications and Statistical Reports 2011-2012, And Certificates Received 2010-2012 (October 2012)

3672/12 RESOLVED:       (Finlayson/South)

 

1          That Council note development application statistics and processing times for 2012 compared with 2011.

 

2          That Council note the statistical information for Applications and Certificates received and released by Council for 2010-2012.

 

 

 

ITEM 10.5    SF134                291112      Annual Report 2011-2012

3673/12 RESOLVED:       (Ainsworth/Finlayson)

 

That Council note the completion of the 2011/2012 Annual Report, and that the 2011/2012 Annual Report will be placed on Council’s website and advice be forwarded to the Minister for Local Government as required.

 

 

 

ITEM 10.6    SF733                291112      Plumbing and Drainage Act 2012 - Delegation to Council of Functions

3674/12 RESOLVED:       (Finlayson/South)

 

1        That Council formally accept the delegation as outlined in the Instrument of Delegation from NSW Fair Trading dated 8 November 2012 which will take effect on 1 January 2013.

 

2        That the Council Seal be affixed to the Instrument of Delegation and the Mayor and General Manager be authorised to sign the Instrument of Delegation as required.

 

3        That Council delegate the functions outlined in the Instrument of Delegation under Section 21 of the Plumbing and Drainage Act 2011 to the General Manager.

 

 

 

ITEM 10.7    SF42                  291112      Swimming Pool Legislation - Revised

3675/12 RESOLVED:       (Finlayson/MacDonald)

 

That Council note the commencement of the Swimming Pools Amendment Act 2012 and the added responsibilities imposed on Council and swimming pool owners under the Act.

 

 

Item 10.8 was dealt with under Delegations.

 

 

 

ITEM 10.9    SF265                291112      Review of Policies - Payment of Fees, Expenses & Provision of Facilities to Councillors; Councillor Training and Development Policy: Use of Internet and Email Policy

3676/12 RESOLVED:       (Smyth/Flack)

 

1        That Council endorse the proposed minor changes to the Policies: Payment of Fees, Expenses and Provision of Facilities for Councillors Policy; Councillor Training and Development Policy; Use of Internet and Email Policy.

 

2        That Council determine that the amendments are not substantial and the Policies not be placed on Public Exhibition.

 

3        That the new amended Policies replace the Policies currently on Council’s website.

 

 

 

Assistant General Manager Corporate and Community Services Report – LATE

 

ITEM 10.10   SF1726              291112      Delays with September 2012 Quarterly Budget Review

3677/12 RESOLVED:       (South/Finlayson)

 

That Council note, that due to other Financial Statutory priorities and unforseen leave and resignations, the 2012 September Quarterly budget review will not be presented to Council within  two months of the end of the quarter as required by the Local Government (General) Regulations 2005 priorities.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF844                291112      Water and Sewerage Steering Committee - 7 November 2012 - Minutes

3678/12 RESOLVED:       (Smyth/Finlayson)

 

That Council adopt the minutes of the Water and Sewerage Steering Committee Meeting held on 7 November 2012.

 

 

 

ITEM 11.2    SF565                291112      Bowraville Children’s Christmas Party 2012 - Application for Temporary Road Closure - High Street Bowraville -

3679/12 RESOLVED:       (Ainsworth/Ballangarry)

 

That Council approve a temporary road closure for the following event:

 

Event:         Bowraville Children’s Christmas Party 2012

Date:           20 December 2012

Street:         High Street, Bowraville from Young - Belmore Streets

Time:          3.00pm and 7.30pm

 

noting that the following documentation has been received by Council:

 

        Certificate of Currency for Public Liability Insurance;

        Traffic Management Plan confirming Accredited Traffic Controllers will be on site;

        Police approval granted; and

        That advertising will be carried out 7 days prior to the event by Nambucca Shire Council.

 

 

 

ITEM 11.3    PRF31                291112      Closure of Captain Cook Lookout Viewing Platform for Safety Reasons

3680/12 RESOLVED:       (Ainsworth/Finlayson)

 

1        That the Captain Cook viewing platform be replaced with more suitable materials.

 

2        That additional funding up to a value of $10,000 be allocated from working funds and be included in the December Budget Review for the replacement of the Captain Cook viewing platform.

 

     

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

3681/12 Resolved:       (Finlayson/Ainsworth)

 

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 below.

 

Reason reports are in Closed Meeting:

 

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF1713              291112      Clarence Regional Library - Distribution of the Assets and Liabilities Pertaining to the Agreement which Lapsed on 1 November 2011

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) (e) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, prejudice the maintenance of law.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF1103              291112      Bowraville Off River Water Storage - Negotiations for Access Agreements

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) (c) of the Local Government Act, 1993, on the grounds that the report contains personnel matters concerning particular individuals; AND the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.3    SF1713              291112      Bowraville Off River Water Storage - Negotiations for Access Agreements

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) (c) (g) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; AND the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 9.05 pm.

 

 

 

RESUME IN OPEN MEETING

 

3682/12 RESOLVED:       (Flack/Smyth)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 9.34 pm.

 

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

 

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF1713              291112      Clarence Regional Library - Distribution of the Assets and Liabilities Pertaining to the Agreement which Lapsed on 1 November 2011

3683/12 RESOLVED:       (Flack/Ainsworth)

 

That Council note the confidential attachment.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF1103              291112      Bowraville Off River Water Storage - Negotiations for Access Agreements

3684/12 RESOLVED:       (South/Finlayson)

 

That the report be noted.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.3    SF1713              291112      Bowraville Off River Water Storage - Negotiations for Access Agreements

3685/12 RESOLVED:       (Finlayson/Hoban)

T

1        That Council authorise Ledonne Constructions Pty Ltd and their contractors to enter Lot 4 DP 786358 to undertake water supply work subject to Council providing the property owner with written notice at least one week before the intended day of entry.  The notice is to specify the day on which the contractors intend to enter the land to undertake the work.

 

2        That Council respond to Slater & Gordon and the property owners with the content of the letter to include the following:

 

    the proposed work program for Ledonne Constructions Pty Ltd and their contractors;

    advice that Ledonne Constructions Pty Ltd and their contractors have been authorised by Council to enter the land to undertake work;

    advice that Council will provide compensation or repair any damage caused by Ledonne Constructions Pty Ltd or their contractors in relation to the work they undertake on the land;

    advice that the compensation offer is still open for negotiation or resolution as per the provisions of the Land Acquisition (Just Terms) Compensation Act 1991, including the payment of costs reasonably incurred in the provision of advice to the property owner.

 

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 9.35 pm. 

 

Confirmed and signed by the Mayor on 12 December 2012.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)