NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 07 February 2008

 

PRESENT

 

Cr George Hicks (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry

Cr Barry Duffus

Cr Paula Flack

Cr Rhonda Hoban

Cr Mike Moran

Cr Chris Waller

Cr Sue Nash

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Monika Schuhmacher (Minute Secretary)

Greg Meyers (Director Environment & Planning)

Bruce Redman (Director Engineering Services)

 

 

 

PRAYER

 

Reverend David Hanger Anglican Church, Nambucca Heads, offered a prayer on behalf of the Nambucca Minister's Association.

 

Councillor Michael Moran left the meeting, the time being 5.33 pm.

Councillor Michael Moran returned to the meeting, the time being 5.38 pm.

 

Ordinary Council Meeting

 

SUBJECT:   DISCLOSURE OF INTEREST

 

Councillor S Nash declared a pecuniary interest in Item 7.4 (Upper Warrell Creek Railway Overbridge, Macksville) under the Local Government Act as her father-in-law owns industrial zoned land in Macksville upon which she farms—whole farm rated "Farmland" and took no further part in debate, discussion or voting.

 

Councillor S Nash declared a pecuniary interest in Item 7.7 (Public Partnerships—Development of Council Infrastructure Assets) under the Local Government Act as in the body of this report, under Discussion, it refers to a greenfield industrial estate and further; notes at the end of this report that she left the Chambers because she does not believe in Public Private Partnerships and took no further part in debate, discussion or voting.

 

Councillor S Nash declared a pecuniary interest in Item 8.2 (Report on Minutes of the Structure Plan Reference Group Meeting Held on 30 January 2008)  under the Local Government Act as in the summary dot point 3 refers to creating and including land for industrial purposes.  Cr Nash's father-in-law owns industrial zoned land in Macksville upon which she farms.

 

Councillor P Flack declared a precuniary interst in the Question Without Notice from Cr Ainsworth dealing with bed numbers at the Macksville Hospital  under the Local Government Act, as she is employed by the Area Health Service at the Hospital, and took no further part in debate, discussion or voting.

 

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 17 January 2008

73/08 RESOLVED: (Nash/Flack)

 

That the minutes of the Ordinary Council Meeting of 17 January 2008 be confirmed subject to the following changes:

 

Page 1         Cr Flack's disclosure of interest for Items 8.4 and 12.2 should read " debate, in discussion or voting".

 

 

Page 18       Cr Flack advised that the item regarding the Museum Advisor Program should read :

                   "That Council defer joining the Museum Advisor Program until Council has written to each of                     the Museums seeking their advice about participation in the Program.”

 

---oo0oo---

 

DELEGATIONS

74/08 Resolved: (Ainsworth/Duffus)

 

That the following delegations be heard:

 

8.1     Report on Skate Park Development Application Coronation Park, Nambucca Heads

 

i)        Mr Shayne Teece, Youth Worker and Secretary to Nambucca Valley Youth Services.

ii)       Ms Gloria Penny on behalf of the Nambucca Valley Skaters Association.

 

Mr Teece addressed Council making the following points:

·          Sees skating as a sport as other sports such as football

·          Survey suggested Coronation Park was best location

·          Close to all facilities

·          Good visual location for child protection as many skaters are under twelve years of age

·          Skaters look forward to working with Council to ensure the skaters do the right thing -- Code of Conduct

·          Will be looking to landscaping at the Park

·          Will generate income to the community

 

Ms Penny addressed Council making the following points:

·          Mother of two skaters (aged 12 and 14)

·          Does not believe that skaters are 'undesirable'

·          Thankful that her skaters can skate at the park and not on the street

·          From tourism point of view…her skaters always firstly look for a skate park whenever they travel and this would be the same for visitors to Nambucca Heads

·          Skating competitions are held and are a highlight for skaters and others in the community

·          Skating can provide confidence to youths

·          We need to cater for our young people--skaters are not going to go away--they will always be here

·          It should be taken serious as a sport

·          We owe it to our youth to show support

 

75/08 Resolved: (Moran/Nash)

 

That Mr Teasel be allowed to address Council as against the Skate Park.

 

·          Register objection that residents were not advised that this would be an item on Council's agenda

·          Vandalism by skateboard riders

·          Indecent language used by skaters

·          Urinating in front of residents

·          Residents strongly opposed to skate rink in Coronation Park

·          Petitions signed by residents who do not live in the area

 

 

 


 

ITEM 9.2      PRF15                070208      Coronation Park--Plan of Management

76/08 RESOLVED: (Hoban/Flack)

 

That Council adopt the new Plan of Management for Coronation Park taking into account the comments made by the Director Engineering Services in the late advice.

 

---oo0oo---

 

ITEM 8.1      DA2008/068        070208      Report on Skate Park Development Application Coronation Park, Nambucca Heads

77/08 RESOLVED: (Flack/Ainsworth)

 

1          That development consent for development application DA 2008/068 be granted subject to the conditions of consent attached to this report.

 

2          That those persons making submissions in respect of the proposal be advised of Council's decision.

 

---oo0oo---

 

 

General Manager Report

 

ITEM 7.1      SF959                070208      Outstanding Actions and Reports

78/08 RESOLVED: (Nash/Hoban)

 

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

 

---oo0oo---

 

ITEM 7.2      SF708                070208      Grant Application Status Report

79/08 RESOLVED: (Flack/Nash)

 

That the list of grant programs and their status be received.

 

---oo0oo---

 


 

ITEM 7.3      SF825                070208      Sustainable Fleet and Plant Policy

 

81/08 Resolved: (Hoban/Nash)

 

1        That Council note a proposal to implement the NSW Government Strategy for achieving environmental performance score targets for fleet operations

 

 

82/08 Resolved: (Flack/Waller)

 

2        That Council note a proposal to achieve an “environment performance score” of 12/20 for every passenger vehicle and 9.5/20 for every utility and refer the proposal to Council’s Consultative Committee and the affected staff in accordance with the requirement to provide 12 months notice under the private use agreements for Council vehicles.

 

 

83/08 Motion:      (Flack/Waller)

 

3        That Council note a proposed cap on the cost of vehicles being a base price of $30,000 excluding GST and subject to annual CPI indexing.

 

Amendment:       (Waller/Nash)

 

That the base price in Item 3 be increased to $35,000.

 

Amendment was LOST.

 

84/08 Resolved: (Ainsworth/Hoban)

 

3        That Council receive a report on the resale value of vehicles in relation to Item 3 so that the appropriate base price can be assessed.

.

85/08 Resolved: (Flack/Waller)

 

4        That further investigations to be made into the provision of a biodiesel blend for all diesel engines and that the opportunities be the subject of a further report to Council

 

---oo0oo---


Councillor Suzanne Nash left the meeting, the time being 06:30 pm.

ITEM 7.4      SF768                070208      Upper Warrell Creek Railway Overbridge, Macksville

86/08 RESOLVED: (Moran/Ainsworth)

 

1        That Council note the representations which have been made in relation to the inadequate offer made by Transfield Services on behalf of the Rail Infrastructure Corporation for the replacement of the Upper Warrell Creek Railway Overbridge.

 

2        That the Mayor endeavour to meet with the Hon. John Watkins, Deputy Premier, Minister for Transport and Minister for Finance to discuss the funding offer.

 

3        That there be a further report in relation to the provision of heavy vehicle access to the proposed Abigroup pre-cast concrete manufacturing facility before the determination of the development application.

 

87/08 Resolved: (Hoban/Ainsworth)

 

4        That Council write to the Roads and Traffic Authority pointing out the road is used as a bypass and request assistance with funding.

 

Councillor Suzanne Nash returned to the meeting, the time being 06:32 pm.

---oo0oo---

 

ITEM 7.5      SF770                070208      Local Water Utility Inquiry - Finalisation of Terms of Reference

88/08 RESOLVED: (Moran/Hoban)

 

That the information concerning the, “Inquiry into Secure and Sustainable Urban Water Supply and Sewerage Services for Non-Metropolitan NSW” be received.

 

---oo0oo---

ITEM 7.6      SF544                070208      Proposed Amendments to EP&A Section 94 Contributions

89/08 RESOLVED: (Moran/Ainsworth)

 

That this Report be received and noted.

 

---oo0oo---

 

Councillor Suzanne Nash left the meeting, the time being 06:35 PM

ITEM 7.7      SF770                070208      Public Private Partnerships - Development of Council Infrastructure Assets

90/08 RESOLVED: (Ainsworth/Hoban)

 

1        That Council respond to the Legislative Assembly Standing Committee on Public Works advising that any request to enter into a PPP is considered individually, however, at this stage it is too resource costly for Council to enter into the occasional request for PPPs.

 

2        That Council consider which, if any, infrastructure assets are most suitable for PPPs.

 

 

Director Environment and Planning Report

 

ITEM 8.2      SF443                070208      Report on Minutes of the Structure Plan Reference Group Meeting held 30 January 2008

91/08 Resolved: (Hoban/Duffus)

 

That the minutes of the Nambucca Shire Council Shirewide Reference Group meeting held on Wednesday, 30 January 2008 be endorsed with the correction to the Minutes to include a the end of the sentence "to review and assess" for Item 9.

 

Note:  Cr Flack requested that her vote be recorded as against this resolution as she recorded her vote against Item 9 in the Minutes as she believes the land is unsuitable for this type of development

 

Councillor Suzanne Nash returned to the meeting, the time being 06:38 PM

 

---oo0oo---

 

 

ITEM 8.3      SF691                070208      Report on Development Applications received by Council 7-25 January 2008

92/08 RESOLVED: (Waller/Duffus)

 

That the list of development applications received 7-25 January 2008, be noted and received for information by Council.

 

---oo0oo---

 

Director Engineering Services Report

 

ITEM 9.1      SF632                070208      Upper Warrell Creek Road - Part Road Closure and Sale - Lot 1052, DP 849681

93/08 RESOLVED: (Moran/Hoban)

 

1        That Council approve the closure and subsequent sale to Mr L Trembath of part of Upper Warrell Creek Road fronting Lot 1052, DP 849681 being 723 m2.

 

2        That Mr L Trembath meet all costs associated with the road closure and purchase and that he pay compensation to Council equal to the market value of the closed road purchased.

 

---oo0oo---


 

ITEM 9.3      RF434                070208      Regional Road--Rodeo Drive

94/08 RESOLVED: (Hoban/Ainsworth)

 

That Council note that reconstruction of Rodeo Drive (1.5 – 2.3 km) will be carried out in the current 2007/08 financial year using Regional Road funding.

 

95/08 Resolved: (Hoban/Ainsworth)

 

That all sub-base material be tested for specification compliance before it is placed.

---oo0oo---

    

 

ASKING OF QUESTIONS WITHOUT NOTICE

 

QWN40/08 - Cr. Michael Moran - White ants at Macksville Cemetery (Ref SF1186)

In a question from Cr Moran regarding a letter he received regarding whiteants at the Macksville Cemetery, the Director Engineering Services advised that he would investigate.

 

 

 

QWN41/08 - Cr. Michael Moran - Scotts Head Reserve - Lease (Ref SF1186)

Cr Moran requested an update regarding the Scotts Head Reserve lease and insurance as he understood there was only an MOU at this stage.

 

The General Manager advised that the tenancy is on a year by year basis and that the Masterplan should hopefully provide an agreed direction for the future.

 

 

QWN35/08 - Cr. Barry Duffus - Main Street Nambucca Heads (Ref SF1186)

Cr Duffus enquired whether the blue tiles on the footpath in the CBD Nambucca Heads can made to be non-slippery as people have slipped on them.

 

The Director Engineering Services advised that a non slip additive can be placed on the tiles when applying the colour coating.

 

 

 

QWN36/08 - Cr. Barry Duffus - Irvines Road Bitumen at new blocks (Ref SF1186)

Cr Duffus enquired whether the bitumen can be lengthened on the rest of the road coming from of Section 94 contribution because there are twelve new blocks.

 

The Director Engineering Services advised that it would be considered in the budget.

 

 

 

QWN37/08 - Cr. Barry Duffus - Vandalism Nambucca Heads and Macksville (Ref SF1186)

Cr Duffus enquired if vandalism in Macksville and Nambucca is prevalent when the youth bus from Bowraville drops youths of in these towns.

 

The Mayor advised that this is matter for the Police.

 

 


 

QWN38/08 - Cr. Barry Duffus - Vee Wall Tavern Gate - For rescue purposes (Ref SF1186)

Cr Duffus asked if Council could find out why no one knows where the key is kept to get into the gate for rescue purposes at the end of the Vee Wall.

 

The Director Engineering Services advised that he would make enquiries as to the distribution list for the keys.

 

 

 

QWN39/08 - Cr. Barry Duffus - Access to breakwall for rescue purposes (Ref SF1186)

Cr Duffus asked for the path on the breakwall could be levelled so that rescue vehicles can go out there and also turn around for rescue purposes.

 

The Director Engineering Services advised that the breakwall belongs to the Department of Lands.

 

 

 

96/08 Resolved: (Duffus/Waller)

 

That Council write to the Department of Lands regarding supplying a turn-around area at the end of the breakwall to enable rescue and emergency vehicles to turn.

 

 

 

Councillor Paula Flack left the meeting, the time being 6.55 pm.

 

QWN42/08 - Cr. John Ainsworth - Macksville Hospital - Loss of Beds (Ref SF1186)

Cr Ainsworth expressed concern that the Macksville Hospital was closing another bed and that Council should contact the Area Health Service.

 

The Mayor advised that Cr Ainsworth provide a Notice of Motion on this matter.

 

 

Councillor Paula Flack returned to the meeting, the time being 6.58 pm.

 

 

QWN43/08 - Cr. Rhonda Hoban - Drainage Problems - Second Hand Shop, Nambucca Heads (Ref SF1186)

Cr Hoban enquired as to what can be done about the drainage problems at the Second Hand Shop at Nambucca Heads.

 

The Director Engineering Services advised that a meeting had not been held with Mr Hall, however he will follow up the matter.

 

 

 

QWN44/08 - Cr. Paula Flack - Outstanding Infringement Notices - West Street Development (Ref SF1186)

Cr Flack asked if all outstanding infringement notices totalling $9,000, Soil Erosion Plan preparation costs of $5,410, admin costs of $640 and Council costs of $4,827 had been paid in full by the West Street developer as per the L&E Court agreement?  When does Council expect to be heard in the L&E Court and what will Council's costs be?

 

The Director Environment and Planning advised Cr Flack that the hearing is scheduled for 22 February 2008 and that Council can claim back the full costs.

 

 


 

QWN45/08 - Cr. Paula Flack - Guard Rails - Pedestrian Crossings, Pacific Highway Macksville (Ref SF1186)

Cr Flack enquired of the Director Engineering Services if guard rails can be installed at the pedestrian crossings at the Pacific Highway in Macksville as concerns have been raised regarding the safety for young children and the elderly.

 

The Director Engineering Services advised Cr Flack that this was the responsibility of Council (not the RTA) and hand rails will be installed this financial year once the footpath pavers have been replaced with concrete.

 

 

 

QWN46/08 - Cr. Paula Flack - Waste Management - Information to Residents (Ref SF1186)

Cr Flack enquired of the Director Engineering Services if information regarding waste management requirements for non-serviced residents can be provided on Council's website including a description of the three skip bins at the waste depot, what goes in which bin and in particular a clear list of what is recyclable and that these items do not need to be further separated as it all goes into one skip and gets sorted at the Coffs Harbour facility.

 

The Director Engineering Services advised Cr Flack that there is currently a Council website link to the Coffs Coast Waste website—but this only applies to serviced residents.  However, he will update Council's website to include the requested information for non-service residents.  A brochure has been prepared for distribution at the transfer station.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.03 pm. 

 

Confirmed and signed by the Mayor on 18 January 2007.

 

 

CR GEORGE HICKS

MAYOR

(CHAIRPERSON)