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.
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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.
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.
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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 |
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:
Ms Marion (for Mr Vercoe) addressed Council making the following point:
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.
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DELEGATIONS continued
Ms Leanne Boatfield addressed Council making the following points:
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
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. |
The meeting adjourned at 7.47 pm.
The meeting resumed at 8.13 pm.
Item 9.3 was dealt with under Delegations.
3663/12 RESOLVED: (South/Smyth)
That the list of grant applications and their status to 20 November 2012 be received. |
Item 9.7 was dealt with earlier in the meeting.
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 9.10 was dealt with under Delegations.
General Manager Report – LATE
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 10.8 was dealt with under Delegations.
Assistant General Manager Corporate and Community Services Report – LATE
Assistant General Manager Engineering Services Report
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.
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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.
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FROM COUNCIL IN CLOSED MEETING
General Manager Report
For Confidential Business Paper in Closed Meeting
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
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)