minutes of the ordinary meeting of eurobodalla shire ... · held on 24 july 2012 _____ chairperson...

This is Page No. 1 of the Minutes of the Ordinary Meeting of Eurobodalla Shire Council

held on 24 July 2012

________________________ CHAIRPERSON

MINUTES OF THE ORDINARY MEETING OF EUROBODALLA SHIRE COUNCIL

HELD ON TUESDAY 24 JULY 2012 COMMENCING AT 10.00AM

PRESENT: Councillor, Fergus Thomson, Mayor (in the Chair)

Councillors Allan Brown, Lindsay Brown, Keith Dance, Chris Kowal, Alan Morton, Rob Pollock OAM, Graham Scobie, and Chris Vardon OAM

Staff: Mr P J Anderson, General Manager Mr L Usher, Director, Planning and Sustainability Services Mr W Sharpe, Director, Infrastructure Services Mrs K Foster, Director, Community and Corporate Outcomes Ms D Lenson, Divisional Manager, Environmental Services Ms B Nicholson, Minute Secretary The Mayor welcomed everyone to the meeting and advised of the Evacuation Procedure. The Mayor introduced Luke May to members of the gallery and explained that he is part of a mentoring program which provides young people in the Eurobodalla with an opportunity to learn about Civics, Local Government and how their Council operates. QUESTIONS FROM THE PUBLIC GALLERY (Agenda Items Only) (Minutes of Questions from the Public Gallery are a summary only and do not purport to be a complete transcript of the proceedings.)

PF12/24 E12.6042; E80.1574 Ms M Whale, Chief Instructor for Batemans Bay Pony Club Inc, addressed Council regarding Report O12/163 Draft Batemans Bay Pony Club Business Management Plan and thanked Councillors and staff for taking the time to meet with the club and visit the grounds at Surf Beach. Ms Whale said the process had finally been sorted out the meet the needs of the Pony Club, Council and the community and she invited everyone to attend the Zone Championships and Gymkana to be held on 25 and 26 August 2012.

MINUTES OF THE ORDINARY MEETING OF EUROBODALLA SHIRE COUNCIL HELD ON TUESDAY 24 JULY 2012



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QUESTIONS FROM THE PUBLIC GALLERY (Agenda Items Only) (Minutes of Questions from the Public Gallery are a summary only and do not purport to be a complete transcript of the proceedings.)

PF12/25 E12.6042; 05.9314 Ms A Baird addressed Council, on behalf of Ms M Benkovich, regarding Report O12/154 Planning Proposal – Reclassification and Rezoning of Certain Council Owned Community Lands, in particular Lot 2 DP 244134 Penthouse Place, Batemans Bay, and made the following comments. Ms Benkovich wished to advise Council that she agreed with the consultant’s report which recommended a single residential block but would not agree with a plan comprising more than one block for sale. If in the future a subdivision of the remaining land be considered by Council, Ms Benkovich, requested that consideration be given to adjusting the northern boundary of Lot 13 to provide increased privacy and amenity. Ms Baird then addressed Council regarding Report O12/154 Planning Proposal – Reclassification and Rezoning of Certain Council Owned Community Lands, in particular Lot 56 Blairs Road, Long Beach, and made the following comments. Why it was necessary for Council to rezone this land from 6(a)1 Public Open Space to SP2 and if Council envisaged further infrastructure (more towers) being located on this land? If rezoning was necessary why not rezone just the parcel of land occupied by the water tank (and immediately by the telecommunications tower) and leave the rest as 6(a)1 for use by local residents as community land.




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PF12/26 E12.6042; 05.9314 Mr Peter Moore addressed Council regarding Report O12/154 Planning Proposal – Reclassification and Rezoning of Certain Council Owned Community Lands, in particular Lot 56 Blairs Road, Long Beach. Mr Moore made the following comments. Council appeared to be ignoring the advice of the independent consultant by recommending Lot 56 Blairs Road be rezoned. Residents/owners of properties in Seaview Way, Litchfield, Bloomfield and Blairs Road all procured land in the knowledge that their views would not be impacted by future development on Lot 56. Mr Moore urged Council to reject the proposal to rezone the public reserve on Lot 56 Blairs Road, Long Beach.




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PF12/27 E12.6042; 05.9314 Ms Y Peshevski addressed Council regarding Report O12/154 Planning Proposal – Reclassification and Rezoning of Certain Council Owned Community Lands, in particular Lot 2 DP 244134 Penthouse Place and made the following comments. Residents of Penthouse Place object to the proposed creation of a residential block on the more open area of Lot 2 which forms Folders Hill Lookout and ask that Council reconsider the situation. Folders Hill is a gazetted and signposted public lookout, is listed on GPS and is the only park in the area and is used daily

MINUTE 12/182 EXTENSION OF TIME 12/182 MOTION Councillor Chris Vardon/Councillor Graham Scobie THAT a further three minutes be granted to Ms Peshevski to conclude her comments in Public Forum. (This Motion on being put was declared CARRIED). Ms Peshevski said that Lot 2 is a narrow, ridgetop nature strip separating two rows of houses and has no practicable access points, further development on it would be impossible and it should not be subject to development and need not be rezoned or reclassified.




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PF12/28 E12.6042; 05.9314 Mr R Cottis addressed Council regarding Report O12/154 Planning Proposal – Reclassification and Rezoning of Certain Council Owned Community Lands, in particular Lot 56 Blairs Road, Long Beach and made the following comments. The easement for the right of way is 10 metres wide and allowed for the front building alignment to be and the edge of the easement. Regular access to service the reclassified Lot 56 would have the following disadvantages: trucks would pass as close as 3 metres from windows in homes; no footpaths; no speed signs; heavy vehicles not able to pass each other with damage to bordering property. Mr Cottis asked further questions regarding alternate access; gate and lock; fallen trees; speed limit signs and how Council was going to authorise access.




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PF12/29 E12.6042; 05.9314 Mr K Brewster, representing five other owners, addressed Council regarding Report O12/154 Planning Proposal – Reclassification and Rezoning of Certain Council Owned Community Lands, in particular Lot 56 Blairs Road, Long Beach and made the following comments. The impact of this rezoning is of concern because it will most likely adversely impact the local environment and ecosystems, houses and land value and affect the social wellbeing of Seaview Way residents. The only developed access to Lot 56 is via Seaview Way which is a private road owned and maintained by the owners of properties on Seaview Way. Any increase in traffic could affect the safety and welfare of residents as well as increasing the cost of maintenance of the road.

MINUTE 12/183 EXTENSION OF TIME 12/183 MOTION Councillor Allan Brown/Councillor Graham Scobie THAT a further three minutes be granted to Mr Brewster to conclude his comments in Public Forum. (This Motion on being put was declared CARRIED). Mr Brewster asked further questions regarding use of Lot 56; plans for future development; another access road; the reason for reclassification and said that Council should remove Lot 56 (item 45) from Table 1 and insert it into Table 3. Councillor Scobie asked Mr Brewster to clarify who was permitted use of the road.




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PF12/30 E12.6042; 05.9314 Mr M Holland addressed Council regarding Report O12/154 Planning Proposal – Reclassification and Rezoning of Certain Council Owned Community Lands, in particular Lot 56 Blairs Road, Long Beach and made the following comments. He was opposed to the rezoning as it would be detrimental to the values of adjoining residential properties; any rezoning should be partial as they have already had third party infrastructure foisted on the community at Lot 56; it would be used by third party lessees without compensation to owners; right of carriageway cannot be conferred; Council has an obligation to maintain a locked gate at the end of Seaview Way and Council should police the repair of any damage done to the road.




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PF12/31 E12.6042; 05.9314 Ms J Waters addressed Council regarding Report O12/154 Planning Proposal – Reclassification and Rezoning of Certain Council Owned Community Lands, in particular Lots 214 and 216 Wentworth Avenue and Lot 9 Sunshine Bay Road and made the following comments. These lots form part of a green corridor that runs the entire length from north to south along the ridgeline of the Sunshine Bay estate; the DCP at the time stated the ridgeline was not to be built on and there was to be minimal vegetation disturbance; residents purchased properties and designed and built homes around these reserves; 80% of respondents to a recent survey said lifestyles would be adversely affected if reclassification goes ahead. Ms Waters asked Councillors to seriously consider all that she had said when casting their votes.




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PF12/32 E12.6042; 05.9314 Mr T Brooks addressed Council regarding Report O12/154 Planning Proposal – Reclassification and Rezoning of Certain Council Owned Community Lands, in particular Lot 1 Museum Place and made the following comments. Mr Brooks did not have a problem with the proposal to rezone but objected to Council’s intent to lease or sell part of the land as investigations for various options are being undertaken as a result of the Batemans Bay Traffic and Parking Study; the parking study identified a parcel of land with a deficit of 116 parking spaces; and future development of property should be limited to a size which would enable all parking requirements to be located on site.




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PF12/33 E12.6042; 05.9314 Mr K Foster addressed Council regarding Report O12/154 Planning Proposal – Reclassification and Rezoning of Certain Council Owned Community Lands in particular Lot 5 Paul Place, Batehaven and noted that this block had been withdrawn due the topography and drainage problems but asked why has this portion of land in an established area been left vacant for so long. Mr Foster thanked Councillors and staff for walking through the site and regularly communicating with him during the process.




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PF12/34 E12.6042; 05.9314 Mr R Hayward addressed Council regarding Report O12/154 Planning Proposal – Reclassification and Rezoning of Certain Council Owned Community Lands in particular 17 Imlay Street, Broulee and said the land contains a building currently used by the community; many aspects of the proposed reclassification and the Broulee Master Plan Review are intertwined. Mr Hayward asked the following questions: would Council remove 17 Imlay Street from the proposal to reclassify for review in conjunction with the Broulee Beaches Master Plan Review and would Council make publicly available the costs and financial benefit associated with the proposal for 17 Imlay Street prior to the Broulee Beaches Master Plan Review.




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PF12/35 E12.6042; E12.6254 Mr P Cormick addressed Council regarding Report O12/157 Rural Lands Strategy Steering Committee Nominations and asked the following questions. How were applicants assessed; were Councillors involved in the process; how will discussion of recommended appointees take place unless their names are revealed; and will the list of selected appointees be made available at this meeting. Mr Cormick asked further questions regarding input into the committee; relationship between Council staff and the committee; groundtruthing; outcomes; minority reports or dissenting opinions; and meetings being open to the public and media. Mayor advised Mr Cormick that the panel was selected by Mr Armstrong who Council selected to run this process. Mr Armstrong looked for a cross section of the community, with a range of different interests, to form a team who will look at all the issues he wanted to cover. The Mayor said the names of the appointees will be made available later in the meeting, after discussion on the report, and meetings would be open to the public and media as observers. Director, Planning and Sustainability Services, advised the committee had been established as an advisory committee to provide advice to Councillors. The elected Council would make the decision as to the final content of the strategy. Mr Armstrong has made recommendations to Council in terms of the makeup of that membership to ensure there is a broad representation of people from various backgrounds and also different areas of the community, as well as different expertise. At 11.00am the Ordinary Meeting of Council adjourned. At 11.33am the Ordinary Meeting of Council resumed.




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PF12/36 E12.6042; 07.1073 Mr N Hughes addressed Council regarding Report O12/158 Adoption of the Greenhouse Action Plan 2012-2017 and made the following comments. The report under ‘public submissions’ states “two respondents questioned aspects of the science behind climate change but offered no peer reviewed scientific references to support their position”. This reflects the ‘peer reviewed’ mantra favoured by those who promote the flawed theory of anthropogenic global warming of the Intergovernmental Panel on Climate Change. In the context of reducing carbon dioxide emissions costs are unknown to ratepayers. What added costs are involved, including incurred, seeking productivity efficiencies through the smarter use of energy and water?

MINUTE 12/184 EXTENSION OF TIME 12/184 MOTION Councillor Allan Brown/Councillor Graham Scobie THAT a further three minutes be granted to Mr Hughes to conclude his comments in Public Forum. (This Motion on being put was declared CARRIED). Mr Hughes further commented on new fossil fuel discoveries in Canada and the USA; China and India being committed to using fossil fuels; and the recent Rio + 20 Earth Summit and suggested the report on the Greenhouse Action Plan be deferred and a public debate be held in the next year in Batemans Bay. Councillors asked questions regarding Agenda 21, views on sea level rise and climate change and use by humans of the earth’s resources.




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PF12/37 E12.6042; 07.1073 Mr M Fleming addressed Council regarding Report O12/158 Adoption of the Greenhouse Action Plan 2012-2017 and encouraged Councillors to adopt the Draft Greenhouse Action Plan. Mr Fleming said the plan represented a sensible strategy for addressing the Council’s growing Greenhouse impacts and that the plan should include further greenhouse gases that were included in his submission. Mr Fleming advised we needed to be mindful of the impacts on the Troposphere for future generations. Councillors asked questions regarding the greenhouse gases.

MINUTE NO 12/185 CONFIRMATION OF MINUTES 12/185 MOTION Councillor Keith Dance/Councillor Chris Vardon THAT the minutes of the Ordinary Meeting of Council held on 26 June 2012 be confirmed. (The Motion on being put was declared CARRIED).




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DECLARATIONS OF INTEREST ON MATTERS ON THE AGENDA E87.6800; E80.1574 Councillor Chris Vardon declared a pecuniary conflict of interest in Report O12/163 Draft Batemans Bay Pony Club Business Management Plan. Reason: Councillor Vardon advised he owned property immediately on the boundary of the land used by the Batemans Bay Pony Club. DECLARATIONS OF INTEREST ON MATTERS ON THE AGENDA E87.6800; E12.6254 Councillor Keith Dance declared a non pecuniary conflict of interest in Report O12/157 Rural Lands Strategy Steering Committee Nominations. Reason: Councillor Dance advised he had nominated for a position on the Rural Lands Strategy Steering Committee.

MINUTE 12/186 SUSPENSION OF STANDING ORDERS 12/186 MOTION Councillor Chris Vardon/Councillor Rob Pollock THAT the Ordinary Meeting of Council suspend standing orders to allow the alteration of the order of business with regard to the hearing of consideration of reports O12/154, O12/157, O12/158 and O12/163. (The Motion on being put was declared CARRIED).




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MINUTE NO 12/187

O12/154 PLANNING PROPOSAL – RECLASSIFICATION AND REZONING OF CERTAIN COUNCIL OWNED COMMUNITY LANDS 05.9314

12/187 MOTION Councillor Rob Pollock/Councillor Allan Brown

THAT:

1. Council remove the following properties from the planning proposal and retain current zoning and community land status of the following properties:

a) Lot 3520 DP 719237 Grantham Road, Batehaven b) Lot 2 DP 729153 61 Calga Crescent, Catalina c) Lot 147 DP 882164 Hakea Place, Catalina d) Lot 1 DP 250216 Campbell Street, Moruya e) Lot 558 DP 752155 3a McMillan Road, Narooma f) Lot 216 DP 830979 Wentworth Avenue, Sunshine Bay g) Lot 15 DP 1013717 Bergalia Street, Moruya h) Lot 13 DP 838695 Costin Street, Narooma i) Part Lot 33 DP 207386 2-10 Ainslie Parade, Tomakin j) Lot 5 DP 748651 Paul Place, Batehaven k) Lot 56 DP 849895 Blairs Road, Long Beach l) Lot 214 DP 830979 Wentworth Avenue, Sunshine Bay

2. Council progress with the rezoning and/or reclassification (from community to operational) of the following properties as exhibited in the planning proposal (Attachment 1):

a) Lot 23 DP 752131 3a Merriman Place, Bodalla b) Lot 38 DP 718667 Train Street, Broulee c) Lot 693 DP 249461 Penguin Place, Catalina d) Lot 13 DP 785266 White Sands Place, Denhams Beach e) Lot 88 SP 803087 Lewana Close, Lilli Pilli f) Lot 14 DP 701609 Maloneys Drive, Maloneys Beach g) Lot 17 DP 264212 Cnr Pollwombra & Shelley Roads, Moruya h) Lot 11 DP 809702 1a Panorama Parade, Moruya i) Lot 51 DP 771497 9-7 Pioneer Avenue, Moruya j) Lot 91 DP 631493 North Head Drive, Moruya k) Lot 17 DP 264212 Shelley Road, Moruya l) Lot 36 DP 264448 Maclean Pace, Moruya m) DP 26279 Preddeys Wharf Road, Moruya Heads n) Lot 21 DP 825840 2 Chisholm Place, Narooma o) Lot 3 DP 622389 Beach Road, Surf Beach p) Lot 14 DP 30365 Bayview Street, Surf Beach




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q) Lot 47 DP 262947 32 Eric Fenning Drive, Surf Beach r) Lot 850 DP 214160 The Vista, Surfside s) Lot 851 DP 214160 The Vista, Surfside t) Lot 852 DP 214160 The Vista, Surfside u) Lot 853 DP 214160 The Vista, Surfside v) Lot 227 DP 218664 Tuross Boulevard, Tuross Head w) Lot L DP 362231 95 Trafalgar Road, Tuross Head x) Lot 101 DP 1001026 Museum Place, Batemans Bay y) Lot 1 DP 327858 Bumbo Road, Bodalla z) Lot 1 DP 1144366 17 Imlay Street, Broulee aa) Lot 127 DP 1068529 13a Litchfield Crescent, Long Beach bb) Lot 95 DP 631493 North Head Drive, Moruya cc) Lot 3 DP 631315 Queen Street, Moruya dd) Lot 102 DP 710162 Queen Street, Moruya ee) Lot 94 DP 631493 North Head Drive, Moruya ff) Lot 55 DP 1075538 42 Shelley Road, Moruya gg) Lot 2 DP 34654 Runnyford Road, Nelligen hh) Lot 9 DP 776904 Brighton Street, Tuross Head

3. Council progress with the rezoning and/or reclassification (from community to operational) of the following properties with amendments as listed: Reduced area to be reclassified to operational as shown in planning proposal (Attachment 1). a) Lot 56 DP 708346 Edward Road, Batehaven b) Lot 58 DP 739830 34a Iluka Street, Broulee c) Lot 66 DP 261646 Mummaga Lake Drive, Dalmeny d) Lot 41 DP 1061842 Bunderra Circuit, Lilli Pilli e) Lot 246 DP 569875 Maloneys Drive, Maloneys Beach f) Lot 1156 DP 529665 587 George Bass Drive, Malua Bay g) Lot 2 DP 244134 Penthouse Place, Batemans Bay h) Lot 173 DP 262910 Hume Road, Sunshine Bay i) Lot 9 DP 774356 Sunshine Bay Road, Sunshine Bay

Progress with reclassification to operational status with site master plan to be prepared prior to development, subdivision, sale or lease. a) Lot 11 DP 771497 Jeffery Place, Moruya b) Lot 90 DP 713637




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4. Council forward the planning proposal (Attachment 1) to the NSW Minister for Planning for making as an amendment to the current Local Environmental Plan/s at the time of gazettal, such that the lots shown in Table 1 and 2 are rezoned and/or reclassified.

5. Provide a response in writing to those who made a submission during the exhibition

period

(The Motion on being put was declared CARRIED). Division Councillors Lindsay Brown, Alan Morton, Keith Dance, Chris Vardon, Rob Pollock, Allan Brown and Fergus Thomson voted for the Motion. Councillors Chris Kowal and Graham Scobie voted against the Motion.




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DECLARATIONS OF INTEREST ON MATTERS ON THE AGENDA E87.6800; E12.6254 Councillor Keith Dance declared a non pecuniary conflict of interest in Report O12/157 Rural Lands Strategy Steering Committee Nominations. Reason: Councillor Dance advised he had nominated for a position on the Rural Lands Strategy Steering Committee. At 12.34pm Councillor Keith Dance left the Chambers for the duration of discussion and voting on the matter.

MINUTE 12/188 O12/157 RURAL LANDS STRATEGY STEERING COMMITTEE NOMINATIONS E12.6254 12/188 MOTION Councillor Chris Vardon/Councillor Rob Pollock THAT the report be deferred until later in today’s meeting to ascertain the meaning of the minute of 22 May 2012. (This Motion on being put was declared CARRIED). At 12.52pm the Ordinary Meeting of Council adjourned. At 1.36pm the Ordinary Meeting of Council resumed.

MINUTE NO 12/189 O12/157 RURAL LANDS STRATEGY STEERING COMMITTEE NOMINATIONS E12.6254 12/189 MOTION Councillor Allan Brown/Councillor Alan Morton THAT: 1. Council endorse the appointment of nominees for the Rural Lands Strategy Steering

Committee, as follows:

(a) Elizabeth Innes

(b) Stuart Whitelaw

(c) Huon Hassall

(d) Stephen Beashel

(e) Robert McCuaig

(f) Harry Bate

(g) Mark Bice

(h) Keith Dance




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2. Those persons who expressed an interest in the Rural Lands Strategy Steering

Committee be thanked and advised formally of the decision.

3. The list of members of the Rural Lands Strategy Steering Committee, as determined by Council, be made public.

(The Motion on being put was declared CARRIED. Councillors Graham Scobie and Chris Kowal voted against the Motion). At 1.38pm Councillor Keith Dance returned to the Chambers.




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MINUTE NO 12/190

O12/158 ADOPTION OF THE GREENHOUSE ACTION PLAN 2012 -2017 07.1073 12/190 MOTION Councillor Chris Kowal/Councillor Graham Scobie THAT Council: 1. Receive and note Report titled O12/158 Adoption of the Greenhouse Action Plan.

2. Adopt the Greenhouse Action Plan 2012 – 2017, as attached to Report titled O12/158

Adoption of the Greenhouse Action Plan. (The Motion on being put was declared CARRIED. Councillor Allan Brown voted against the Motion).




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DECLARATIONS OF INTEREST ON MATTERS ON THE AGENDA E87.6800; E80.1574 Councillor Chris Vardon declared a pecuniary conflict of interest in Report O12/163 Draft Batemans Bay Pony Club Business Management Plan. Reason: Councillor Vardon advised he owned property immediately on the boundary of the land used by the Batemans Bay Pony Club. At 1.54pm Councillor Chris Vardon left the Chambers for the duration of discussion and voting on the matter.

MINUTE NO 12/191 O12/163 DRAFT BATEMANS BAY PONY CLUB BUSINESS MANAGEMENT PLAN E80.1574 12/191 MOTION Councillor Keith Dance/Councillor Alan Morton 1. Council receive and note the Batemans Bay Pony Club Business Management Plan -

Surf Beach Reserve, as attached to report O12/163;

2. (a) A new Master Plan for Surf Beach Reserve incorporating the Batemans Bay Pony Club activities in consultation with the community and user groups, including the Batemans Bay Pony Club be prepared.

(b) The draft master plan be reported to Council’s Policy and Strategy meeting to

be held in April 2013;

3. The General Manager be given delegated authority to negotiate a 5 year licence with the Batemans Bay Pony Club including a building maintenance agreement and an appropriate annual licence fee by no later than 31 October 2012.

At 1.58pm Councillor Chris Vardon returned to the Chambers.




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MINUTE NO 12/192

O12/147 GENERAL MANAGER’S PERFORMANCE REVIEW S.0324; L.0336 12/192 MOTION Councillor Fergus Thomson THAT Council note the finalisation of the 2012/2013 Performance Agreement with the General Manager. (The Motion on being put was declared CARRIED. Councillors Graham Scobie, Chris Vardon, Rob Pollock and Chris Kowal voted against the Motion).




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MINUTE NO 12/193

O12/169 REVIEW OF THE STATE PLANNING SYSTEM E90.1859 12/193 MOTION Councillor Fergus Thomson THAT Council write to: 1. The Premier of New South Wales, the Hon. Barry O’Farrell, and the Minister for

Planning and Infrastructure, the Hon Brad Hazzard, requesting that the submission period for ‘A New Planning System for NSW – Green Paper’ be extended to 29 October 2012 in order to enable the newly elected Council to make a submission.

2. The Local Government and Shires Association seeking their support in lobbying the

NSW Government for an extension to the period in which submissions can be made for ‘A New Planning System for NSW – Green Paper’.

(The Motion on being put was declared CARRIED).




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MINUTE 12/194

O12/170 CLEANING OF PUBLIC TOILETS – TENDER E95.9163 12/194 MOTION Councillor Fergus Thomson THAT Council consider the report on the Cleaning of Public Toilets – Tender. (This Motion on being put was declared CARRIED).




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MINUTE NO 12/195

O12/148 FINANCE AND SERVICES COMMITTEE MEETING

HELD ON 10 JULY 2012 E10.4222 12/195 MOTION Councillor Chris Vardon/Councillor Graham Scobie

FSM12/61 FS12/40 MORUYA RIVER FLOODPLAIN CODE 2012 E09.3440 THAT the Finance and Services Committee recommend that Council: 1. Adopt the Draft Moruya Floodplain Code 2012.

2. Forward a response to those persons who made a submission during the exhibition

period.

3. Receive and note the additional report outlining the impacts of Malabar weir on flooding and floodplain function.

FSM12/69

FS12/44 NORTH NAROOMA PEDESTRIAN ACCESS AND MOBILITY PLAN E98.2606 THAT the Finance and Services Committee recommend: 1. The North Narooma Pedestrian Access and Mobility Plan (PAMP) attached to report

titled FS12/44, be adopted. 2. Council pursue options for funding for the provision of stairs between Hillcrest Lane

and Riverview Road, North Narooma. 3. Council pursue options for funding for the provision of a pedestrian underpass at the

northern end of the Wagonga Inlet Bridge, North Narooma. 4. The provision of a pathway along Riverview Road, North Narooma connecting from

the end of the existing concrete path to Fishermans Crescent be assessed in conjunction with other pathway priorities throughout the shire.

5. Enquiries be made through the NSW Roads and Maritime Services regarding the

possible reconfiguration of the carpark that services the fish shop located opposite the intersection with Riverview Road and the Princes Highway, North Narooma.




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FSM12/70

FS12/45 CYCLING ADVISORY SUNSET COMMITTEE – DELEGATE’S REPORT E11.5249 THAT the Finance and Services Committee recommend: 1. The status report on the Cycling Advisory Sunset Committee be received and noted. 2. The term of the Cycling Advisory Sunset Committee be extended six months to April

2013 to allow the Committee to finalise the projects. (The Motion on being put was declared CARRIED).




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MINUTE NO 12/196 O12/149 POLICY AND STRATEGY COMMITTEE MEETING HELD ON 3 JULY 2012 E10.4223 12/196 MOTION Councillor Chris Vardon/Councillor Lindsay Brown

PSM12/31 PS12/19 LEGAL SERVICES PANEL E10.4139; E10.4196 THAT the Policy and Strategy Committee recommend Council: 1. Approve the Legal Services Panel, as recommended by SEROC, and listed hereunder:

a) Marsdens Law Group, Campbelltown b) RMB Lawyers, Wollongong c) HWL Ebsworth, Sydney d) Kells The Lawyers, Wollongong e) Sparke Helmore, Newcastle f) Williams Love & Nicol, Canberra g) Maddocks, Sydney h) Elringtons, Queanbeyan

2. Notify the successful firms and seek their acceptance to be named on the Legal Services Panel.

FSM12/34

PS12/21 NOMINATIONS FOR HERITAGE ADVISORY COMMITTEE 2012-15 E07.1371 THAT the Policy and Strategy Committee recommend: 1. Council endorse the nominees for the Eurobodalla Heritage Advisory Committee, as

listed hereunder, for the term commencing July 2012 and ending in June 2015. a. Mayor Fergus Thomson – Council position b. Councillor Chris Kowal - Council position c. Myfanwy Thompson - Clyde River & District Historical Society d. Helen Townend - Moruya & District Historical Society e. Laurelle Pacey - Narooma Historical Society f. Catherine Lawler - Northern region Community Representative g. Christine Adams - Centre region Community Representative h. Norm Hoyer - Southern region Community Representative




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2. Those persons who expressed an interest in the Eurobodalla Heritage Advisory

Committee be thanked and advised formally of the decision. 3. The list of members of the Eurobodalla Heritage Advisory Committee, as determined

by Council, be made public. 4. Members of the 2009 to 2012 Eurobodalla Heritage Advisory Committee be thanked

for their valuable contribution to the conservation of Eurobodalla Shire’s heritage. (The Motion on being put was declared CARRIED).




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MINUTE NO 12/197

O12/150 INVESTMENTS MADE AS AT 30 JUNE 2012 E99.3517 12/197 MOTION Councillor Keith Dance/Councillor Lindsay Brown THAT: 1. The certification that the investments as at 30 June 2012 have been made in

accordance with the Act, the Regulations and Council's investment policies, in accordance with the provision of Clause 1 (Reg 212) of the Local Government (General) Regulation 2005, be received.

2. Council instruct the General Manager to adopt the “realisable value” of the CDO

investments and a provision for diminution of value of $1.32m be made in the financial accounts with appropriate disclosure made in the Annual Report.





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MINUTE NO 12/198

O12/151 BUDGET AND MANAGEMENT PLAN REVIEW FOR THE PERIOD ENDED 30 JUNE 2012 E05.9535 12/198 MOTION Councillor Keith Dance/Councillor Lindsay Brown THAT: 1. The budget review report for the quarter ended 30 June 2012 including the

achievements of targets and measures set by Council’s Management Plan in attachment 5 be received and noted.

2. Further internal restrictions of $1.7m for the future purchase and implementation of the Council wide IT system and $0.6m allocation to the Employee Leave Entitlement fund be adopted.

3. The remaining favourable variations of $6.4m (net) increase net unrestricted funds as per the Fund Flow Statement be adopted.





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MINUTE NO 12/199

O12/152 OFFER OF FUNDING – ROAD SAFETY AND TRAFFIC MANAGEMENT

PROGRAM E89.2065 12/199 MOTION Councillor Alan Morton/Councillor Lindsay Brown THAT: 1. Council endorse the actions of staff in accepting the offers of funding from the Roads

and Maritime Services 2012/13 for:

(a) $500,000 installation of a roundabout at the intersection of Princes Highway and Bluewater Drive, Narooma

(b) $150,000 for the installation of traffic signals at the intersection of North Street

and Perry Street, Batemans Bay with matching funding to be provided from savings in the 2011/12 works program (including funds from paid parking)

(c) $50,000 for the provision of a shared pathway along the southern side of Albert

Street, Moruya connecting from the existing pathway in front of Moruya High School

(d) $100,000 for the provision of a shared pathway along the southern side of

Wharf Road, North Batemans Bay. 2. Suitable press release be prepared highlighting the significant grant funds achieved

to assist the community in the delivery of key infrastructure projects to aid in improve road safety traffic management and facilities for pedestrian and cyclists.





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MINUTE NO 12/200

012/153 SEWAGE PUMP STATION BB08 UPGRADE AND REFURBISHMENT

TENDER PROCESS E05.9189.PS 12/200 MOTION Councillor Allan Brown/Councillor Alan Morton THAT Council accept the preferred tenderer, TWS P/L, for the upgrade and refurbishment of the sewer pump station in McLeod Street, Surfside. (The Motion on being put was declared CARRIED).




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MINUTE NO 12/201

012/155 LOCAL DEVELOPMENT PERFORMANCE MONITORING 2010-11 E90.1859 12/201 MOTION Councillor Graham Scobie/Councillor Keith Dance THAT: 1. Council receive and note the report titled Local Development Performance

Monitoring 2010-11. 2. The Development Assessment staff be congratulated for the outstanding result

achieved in the Department of Planning and Infrastructure’s Local Development Performance Monitoring.





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DECLARATIONS OF INTEREST ON MATTERS ON THE AGENDA E87.6800; E90.1859 Councillor Chris Kowal declared a pecuniary conflict of interest in Report 012/156 Request To Waive S94 And S64 Contributions For Affordable Housing. Reason: Councillor Kowal referred to Southern Cross Housing Limited and said that he may still be an executive member of the Board. At 2.50pm Councillor Chris Kowal left the Chambers for the duration of discussion and voting on the matter.

MINUTE NO 12/202 012/156 REQUEST TO WAIVE S94 AND S64 CONTRIBUTIONS

FOR AFFORDABLE HOUSING E90.1859 12/202 MOTION Councillor Allan Brown/Councillor Keith Dance THAT the request from Southern Cross Community Housing Ltd to waive the Section 94 and Section 64 contributions in respect of affordable housing for Development Applications 21/11, 654/09 and 755/10 be refused. (The Motion on being put was declared CARRIED). Division Councillors Lindsay Brown, Alan Morton, Keith Dance, Chris Vardon, Rob Pollock, Allan Brown and Fergus Thomson voted for the Motion. Councillors Graham Scobie voted against the Motion. At 2.55pm Councillor Chris Kowal returned to the Chambers.




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MINUTE NO 12/203

O12/159 WHARF ROAD EMERGENCY ACTION SUBPLAN E10.4355 12/203 MOTION Councillor Graham Scobie/Councillor Chris Vardon THAT Council: 1. Adopt the Draft Emergency Action Subplan (EAS) for the Wharf Road Coastal Erosion

‘Hot Spot’ 2012, as attached to Report titled O12/159 Wharf Road Emergency Action Subplan; and

2. Forward a copy of the EAS to the Office of Environment and Heritage to demonstrate Council’s compliance with the Ministerial direction.

(The Motion on being put was declared CARRIED. Councillor Allan Brown voted against the Motion).




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MINUTE NO 12/204

O12/160 APPOINT CONSULTANT TO COMPLETE EUROBODALLA COASTAL HAZARD MANAGEMENT PLAN E12.6263.T 12/204 MOTION Councillor Graham Scobie/Councillor Chris Kowal THAT Council: 1. Approve the appointment of Umwelt to prepare the Eurobodalla Coastline Hazard

Management Plan.

2. Staff notify all respondents to the brief of the outcomes of the Tender process.

(The Motion on being put was declared CARRIED. Councillor Allan Brown voted against the Motion). At 2.56pm Councillor Rob Pollock left the meeting with the permission of the Chair and did not return.




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MINUTE NO 12/205

O12/161 PARTNERS: INDUSTRY AND EDUCATION (PIE) COUNCIL BASED PROJECT E12.6303 12/205 MOTION Councillor Alan Morton/Councillor Graham Scobie THAT report titled O12/161 Partners: Industry and Education (PIE) Council Based Project be received and noted. (The Motion on being put was declared CARRIED). At 3.05pm the Ordinary Meeting of Council adjourned. At 4.03pm the Ordinary Meeting of Council resumed.




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MINUTE NO 12/206

O12/162 CUSTOMER SERVICE CHARTER E09.3334 12/206 MOTION Councillor Graham Scobie/Councillor Lindsay Brown THAT: 1. Council receive and note the Customer Service Charter.

2. A formal launch be held for the Customer Service Charter be held, with the community

organisations invited to the workshop and the members of staff on the CIP Project Team being invited to attend.

3. Letters of thanks be sent to those members of community organisations and staff on the

CIP Project Team for their input in preparing the Customer Service Charter. (The Motion on being put was declared CARRIED).




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MINUTE NO 12/207

O12/164 LIVE LIFE EUROBODALLA PROJECT UPDATE E05.9150 12/207 MOTION Councillor Chris Vardon/Councillor Keith Dance THAT: 1. Council approve the extension of the Live Life Eurobodalla Project until June 2014

and sign the Deed of Variation. 2. The report on the progress and success of the Live Life Eurobodalla project be noted. (The Motion on being put was declared CARRIED).




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MINUTE NO 12/208

O12/165 RESPITE FOR CARERS PROGRAM - FUNDING AGREEMENT E09.3094 12/208 MOTION Councillor Graham Scobie/Councillor Chris Kowal THAT: 1. Council accept the funding of $385,271 (inc. GST) from the Department of Health and

Ageing.

2. The two Program Schedules for NRCP Funding be signed by two duly authorised officers.

3. Consent be given to affix the Common Seal of Council to the NRCP Funding agreement.





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MINUTE NO 12/209

O12/166 POLICE AND COMMUNITY YOUTH CLUB (PCYC) PROJECT UPDATE E11.5368 12/209 MOTION Councillor Alan Morton/Councillor Lindsay Brown THAT: 1. Council donate the hire fee on Council owned sporting and recreational venues when

specifically used by the PCYC for PCYC activities in the first year of operation and this arrangement will commence from the date of signing the MoU, Participation Agreement and Lease. At the end of the first year normal fees for venue hire would apply, as per Council’s fees and charges.

2. Council donate the cost of the PCYC Narooma office operating expenses - specifically utilities and office rental during the first year of PCYC operation commencing from date of signing the MoU, Participation Agreement and Lease.

3. Council will apply the minimum licence fee in line with the statutory minimum

charged by the Crown Lands Office for use of office space in the Narooma Leisure Centre. At the end of the first year of operation and establish an annual agreed operating cost that will be paid by PCYC for outgoings comparable to contributions paid by other community organisations leasing Council facilities (excluding rent).

4. Council to endeavour to support PCYC activities and programs in the community. 5. When satisfaction has been achieved by Council and PCYC, in relation to the detail in

the Lease, Participation Agreement and MoU, consent be given to affix the Common Seal of Council to the PCYC Lease agreement, subject to the consent of the Minister Administering the Crown Lands Act.

6. Report titled O12/166 Police and Community Youth Club Project Update be received

and noted. (The Motion on being put was declared CARRIED).




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MINUTE NO 12/210

O12/167 LICENCE FOR FUNDRAISING BARBEQUES - NORTH NAROOMA E07.1581 12/210 MOTION Councillor Chris Vardon/Councillor Keith Dance THAT: 1. Council as Trust Manager for the Eurobodalla (South) Reserve Trust grant a

temporary licence, in accordance with Section 108 of the Crown Lands Act 1989, to Marine Rescue NSW to operate a food van within Crown Reserves R79308 and R52679 from 9am to 2pm every Saturday and/or Sunday for the period 1 September 2012 to 30 April 2013 inclusive, with a licence fee of $475 including GST.

2. A donation in the amount of $475 be made to Marine Rescue NSW in accordance

with the “Fees for Licences Granted to Not-for-Profit Groups or Organisations” Policy. (The Motion on being put was declared CARRIED).




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MINUTE NO 12/211

O12/171 CLEANING OF PUBLIC TOILETS – TENDER E95.9163 12/211 MOTION Councillor Allan Brown/Councillor Keith Dance THAT a two year contract with a one year option, commencing on 1 September 2012 be awarded to Premier One. (The Motion on being put was declared CARRIED).




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QUESTIONS/URGENT BUSINESS (Minutes of Questions/Urgent Business from Councillors are a summary only and do not purport to be a complete transcript of the proceedings.)

QN12/37 E12.6041; E10.4158 Councillor Allan Brown referred to a project recently undertaken by the University of Melbourne and said that he had spoken to the researchers. Councillor Brown said only certain community groups were contacted and asked who were and if we could advise all community groups in future. Director, Planning and Sustainability Services, said the University of Melbourne advised us of their project and Council advised Councillors and members of the Coastal Advisory Management Committee and that was the extent of our involvement.




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QN12/38 E12.6041; E09.3157 Councillor Keith Dance email from David Lambert referring to Landcare volunteer hours and asked that this information be included in the review of Landcare. Director, Planning and Sustainability Services, advised he had seen the email a couple of weeks ago and said Mr Lambert was questioning the validity of data. The information used in the report was the most recent figure and those figures come from documents where volunteers sign on as part of the Work Health and Safety requirements for projects.




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QN12/39 E12.6041; E07.1161 Councillor Alan Morton referred to the Local Environmental Plan spokesman for Eurobodalla Residents Association who was asked to leave the Chambers earlier today has been masquerading as a female to emails and changing his name to a Fran Clout. Councillor Morton asked how much time as wasted responding to these emails. Director, Planning and Sustainability Services, advised he had received an email and the title box said Damian Rogers but the email address was from Fran Clout. The email raised questions regarding a small goat dairy and Mr Usher said he would be happy to meet with the person to discuss the matter further.




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QN12/40 E12.6041; E98.2367 Councillor Graham Scobie referred to the Tuross Boat Ramp and said there was a media release which indicated upgrading of the boat ramp on the highway which would take some time. Councillor Scobie asked if sand could be removed from the existing boat ramp in Tuross so that members of the community could launch their boats and not have to drag them across the sand. Director, Infrastructure Services, advised a press release had gone out covering the boat ramp at the highway. Mr Sharpe advised we had $30,000 for a study into the various options for boat ramp solutions at Tuross Lake proper and the alternatives to be looked at will be the existing ramp location; further off Sandy Point and also a location opposite Lake Street. Council has no plans to undertake any temporary dredging and any proposal to remove sand as this would be an extractive industry and require approval.




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QN12/41 E12.6041; E84.0987 Councillor Graham Scobie asked if meetings for the Moruya Showground Management Committee would continue through the caretaker period prior to the elections. Mayor advised yes.




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QN12/42 E12.6041; E07.1161 Councillor Chris Kowal referred to letters from Graham Williamson re agenda 21 is that a real person or someone else masquerading under another name. Director, Planning and Sustainability Services, advised he could only assume it was a real person but in saying that the comments in the email wording is very similar we have had in the past from another author but can’t confirm that. We have responded to all the requests and there is a draft response going back which will be the final response and not more time will be allocated to this matter.




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QN12/43 E12.6041; E08.2534 Councillor Chris Kowal referred to an elderly lady in Tuross who has had persistent drainage issues and asked for an update on this matter. Mayor advised the elderly lady’s calls and enquiries were answered by a specific staff member and that he would talk to Councillor Kowal after the meeting. Councillor Chris Vardon thanked all senior staff for their help, courtesy and manner in which his queries have been replied to over the last four years. Mayor endorsed Councillor Vardon’s comments.




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CLOSED SESSION TO CONSIDER CONFIDENTIAL MATTERS

It be noted that there were no public in the gallery.

MINUTE NO 12/212 12/212 MOTION Councillor Lindsay Brown/Councillor Alan Morton THAT due to the nature of the matters before Council, in accordance with Section 10A(2) of the Local Government Act 1993, Council exclude members of the public from the meeting and go into Closed Session to consider the following confidential matters. O12/168 Compliance Issues 00.4779I This report is classified Confidential under Section 10A(2) (a) and (g) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: (a) personnel matters concerning particular individuals (other than councillors). (g) advice concerning litigation, or advice that would otherwise be privileged from

production in legal proceedings on the ground of legal professional privilege or information concerning the nature and location of a place.

Discussion of the material would be contrary to the public interest for reasons relating to one or more of the matters prescribed by the Local Government Act 1993 Section 10A(2)(a h). (a) personnel matters concerning particular individuals (other than councillors); or (b) the personal hardship of any resident or ratepayer; or (c) information that would, if disclosed, confer a commercial advantage on a person with

whom the council is conducting (or proposes to conduct) business; or (d) commercial information of a confidential nature that would, if disclosed;

(i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the council, or (iii) reveal a trade secret,

(e) information that would, if disclosed, prejudice the maintenance of law; or (f) matters affecting the security of the council, councillors, council staff or council

property; or (g) advice concerning litigation, or advice that would otherwise be privileged from

production in legal proceedings on the ground of legal professional privilege or information concerning the nature and location of a place; or

(h) information concerning the nature and location of a place an item of Aboriginal significance on community land.





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At 4.41pm the Ordinary Meeting of Council moved into Closed Session. At 5.00pm the Ordinary Meeting of Council resumed. The General Manager advised the following recommendation was declared carried in Closed Session. O12/168 Compliance Issues 00.4779I THAT: 1. Council allocate a sum of $140 000 to enable cleanup of a property in Bingie in

accordance with the Orders and Judgement of Eurobodalla Shire Council v Gerondal (No 3) [2012] NSWLEC 46.

2. Council make sure that every endeavour is made to recover the funds expended in

the cleanup required in item no. 1 above.

THE MEETING CLOSED AT 5.05PM

___________________________ CHAIRPERSON

Chairperson of the Ordinary Meeting of Eurobodalla Shire Council at which meeting the signature hereon was subscribed.

minutes of the ordinary meeting of eurobodalla shire ... · held on 24 july 2012 _____ chairperson...

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