MINUTES OF THE SPECIAL MEETING OF COUNCIL HELD IN THE COUNCIL CHAMBERS ON TUESDAY 31ST DECEMBER 2006 AT 4.00 P.M. PRESENT: The Mayor of Liverpool Plains Shire Council, Cr. I.R. Lobsey (Chair), Crs. C.R. Anderson (4.10 p.m.), A.E. Kelaher, R.A. Marr, B.J. Perkins, A.R. Short and C.F. Wills. IN ATTENDANCE: The General Manager, Director – Economic Development, Director – Corporate Services, Director – Works, Director – Environmental & Community Services and Executive Assistant. A representative of the Quirindi Advocate was present, along with 13 members of the public. 10104. DIRECTOR – ENVIRONMENTAL & COMMUNITY SERVICES REPORT NO. 1/06 - DEVELOPMENT APPLICATION 145/05 [DA 145/05] The Mayor welcomed those in attendance and drew Councillors’ attention to Section 79C of the Environmental Planning & Assessment Act which requires Council to determine the subject application in one of three ways: i) approval of the application unconditionally; ii) approval of the application with conditions; iii) rejection of the application. The Mayor invited a representative of Macquarie Generation and a representative of the Ardglen community to address Council regarding the application. Mr. Glen Keevers represented Macquarie Generation and Ms. Lesley Rose spoke on behalf of the Ardglen community. Residents and Councillors were then given the opportunity to put questions to representatives of Macquarie Generation. The Director – Environmental & Community Services advised that following preparation and distribution of the report to Council on the Development Application, he had reviewed the recommended conditions of consent and requested the following amendments be made to the conditions: Condition 1 After the works “final design” add: “and construction plan and agreement by the reticulation authority” Comment: This amendment ensures that the grid connection is in accordance with the reticulation authority’s requirements. Condition 2 delete, covered by condition 5. Condition 15 delete, covered by condition 16. Condition 16 To read: Environmental Impact Audit Report An Environmental Impact Audit Report must be prepared and submitted to Council each twelve (12) months of operation and then at any additional periods as requested by Council. Council may request the applicant to make the audit report available to other relevant Government Agencies. The Environmental Impact Audit Report must: Minutes of the Special Meeting of Council held in the Council Chambers on st Tuesday 31 December 2006 at 4.00 p.m. Page 2 10104. DIRECTOR – ENVIRONMENTAL & COMMUNITY SERVICES REPORT NO. 1/06 - DEVELOPMENT APPLICATION 145/05 [Continued] (a) be certified by an independent person at the Applicant’s expense. The certifier must be approved by Council prior to the preparation of the audit report; (b) compare the operation impact predictions made in the SEE and documents identified in Condition 2; (c) assess the effectiveness of implemented mitigation measures and safeguards; (d) assess compliance with the systems for operation maintenance and monitoring; (e) discuss the results of consultation with the local community particularly any feedback or complaints; and (f) assess compliance with all plans and sub-plans. The results of the audit report must also be used to update the OEMP where necessary. The Applicant must notify Council and relevant Government Agencies of any updates to the OEMP and provide a copy on request. Comment: This condition has been reworded and captures the annual environmental audit of the project. Condition 17 delete, covered by condition 16. Condition 26 Point (a) after the works “transport routes” add: “being either the Old New England Highway or via Ardglen village.” Condition 27 delete, covered by condition 30 and condition 33. Condition 33 Point (f) after the words “censuses of their movements” add “over the first twelve (12) months of operation” Condition 35 delete numbering as it becomes part of condition 34. Add additional words: “The requirements of this clause are to be subject to review by Council after 2 years of monitoring by the applicant.” Condition 36 Add the words: “If a dispute arises the matter shall be referred to the Director – Environmental & Community Services whose decision must be made within 28 days and shall be final.” Condition 39 delete last dot point. Condition 45 add after “exceeded 35Dba (LAeq, 10): “or 5dBA above background levels as presented in the SEE.” Minutes of the Special Meeting of Council held in the Council Chambers on st Tuesday 31 December 2006 at 4.00 p.m. Page 3 10104. DIRECTOR – ENVIRONMENTAL & COMMUNITY SERVICES REPORT NO. 1/06 - DEVELOPMENT APPLICATION 145/05 [Continued] Condition 46 delete and replace with: “All monitoring and assessment shall be undertaken in accordance with the SA EPA Environmental Noise Guidelines for Wind Farms.” Condition 47 delete. Condition 48 delete. Condition 69 delete, covered by condition 28. Cr. Short stated that he felt Council was not in a position to make a decision on the Development Application given the amendments to the conditions of consent and suggested it would be beneficial for Councillors to have the completed instrument of consent before them for consideration. Cr. Short also suggested that consideration be given to matters raised in the question and answer session relating to: (a) protection of building entitlements; (b) decommissioning of the turbines; and (c) lapsing of the consent after 2 years instead of 5 years and that conditions of consent be drafted to ensure these three points are covered in the final instrument of consent. RESOLVED THAT: (a) Director Environmental & Community Services Report No. 1/06 be received. (b) Consideration be given in the consent in relation to: (a) protection of building entitlements; (b) decommissioning of the turbines; and (c) lapsing of the consent after 2 years instead of 5 years (c) The Director – Environmental & Community Services provide a redrafted consent including the amendments to the conditions detailed. [Crs. Short/Kelaher] 10105. GENERAL MANAGER REPORT NO. 4/06 – COMMUNITY INITIATIVES PROGRAM APPLICATION [C.73] Cr. Marr raised the issue of the wording of applications under this program and noted that most applications were not written appropriately. The issue of whether organisations applying for funding were actually in need of financial support was also raised and it was agreed that the financial position of the organisation would be questioned on future applications. Minutes of the Special Meeting of Council held in the Council Chambers on st Tuesday 31 December 2006 at 4.00 p.m. Page 4 10105. GENERAL MANAGER REPORT NO. 4/06 – COMMUNITY INITIATIVES PROGRAM APPLICATION [Continued] RESOLVED THAT: (a) General Manager Report No. 4/06 be received. (b) Council provide funding of $500 to the Quirindi Rodeo Committee for sponsorship for its annual rodeo. (c) Council ask for financial details of organisations in future applications [Crs. Kelaher/Wills] 10106. GENERAL MANAGER REPORT NO. 3/06 – LGMA GOOD PRACTICE TOOLKIT [C.50] RESOLVED THAT: (a) General Manager Report No. 3/06 be received. (b) Council support the LGMA Good Practice Toolkit and contribute $3,000 p.a. for the next two years with this year’s payment to be voted at the December Quarterly Review of Estimates. [Crs. Kelaher/Perkins] QUESTIONS WITHOUT NOTICE 10107. 174 LITTLE STREET MURRURUNDI - The Director – Corporate Services advised that 174 Little Street Murrurundi was in the process of being sold. RESOLVED THAT the Mayor and General Manager be authorised to sign all documents in relation to the sale of 174 Little Street Murrurundi. [Crs. Kelaher/Perkins] 10108. AUSTRALIA DAY 2006 - The Mayor congratulated Cr. Wills on the organisation of this year’s Australia Day activities. Cr. Wills thanked the Mayor and noted that Mr. Frank Turner had received an Emergency Services Award on Australia Day for his service and contribution to the State Emergency Service. 10109. WINDFARM AT ARDGLEN - Cr. Short congratulated the Director – Environmental & Community Services on his very thorough report on the Windfarm dealt with earlier in the meeting, however noted his concern regarding the fact that the applicant had a chance to dispute the conditions prior to discussion by Council and that the applicant had discussed the amended conditions with the Director. The Mayor advised that the report was in fact a public document and had been on Council’s website since 27th January 2006. 10110. 2006 TELEPHONE DIRECTORY - Cr. Wills noted the receipt of the 2006 directories and the many errors and omissions contained in them. Cr. Wills suggested that the Quirindi Advocate run an article to encourage residents to check their details in the directory. The meeting closed at 5.45 p.m. _________________________________ ________________________________ Cr. I.R. Lobsey R.C. Hunt MAYOR GENERAL MANAGER Minutes of the Special Meeting of Council held in the Council Chambers on st Tuesday 31 December 2006 at 4.00 p.m.