NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 06 March 2008

 

PRESENT

 

Cr George Hicks (Mayor)

 

Cr Martin Ballangarry

Cr Barry Duffus

Cr Paula Flack

Cr Rhonda Hoban

Cr Mike Moran

Cr Chris Waller

Cr Sue Nash

 

 

APOLOGY

 

Cr John Ainsworth provided an apology for this meeting.

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Monika Schuhmacher (Minute Secretary)

Greg Meyers (Director Environment & Planning)

 

Bruce Redman (Director Engineering Services)

 

 

PRAYER

 

Reverend Gillian Jones from the Anglican Church, offered a prayer on behalf of the Nambucca Minister's Association.

 

Ordinary Council Meeting

 

SUBJECT:   DISCLOSURE OF INTEREST

 

Councillor SN Nash declared a pecuniary interest in Item 8.4 Upper Warrell Creek Railway Overbridge, under the Local Government Act as her father-in-law owns industrial zoned land in Macksville upon which Cr Nash farms and took no further part in debate or discussion.

 

Councillor SN Nash declared a pecuniary interest in Item 9.5 Report on DA 2008/139 Pre-Cast Concrete Plant—Yarrawonga Street Macksville, under the Local Government Act as her father-in-law owns industrial zoned land in Macksville, as her father-in-law owns industrial zoned land in Macksville upon which Cr Nash farms and took no further part in debate or discussion.

 

Councillor SN Nash declared a pecuniary interest in the late Item 8.5 Deferral on DA 2008/139 Proposed Abigroup Pre-Cast Concrete Plant—Yarrawonga Street Macksville, under the Local Government Act as her father-in-law owns industrial zoned land in Macksville upon which Cr Nash farms and took no further part in debate or discussion.

 

Councillor SN Nash declared a pecuniary interest in the late, in closed, Item 11.1 Voluntary Planning Agreement NSC and Abigroup for Contribution Towards Replacement of Overbridge, under the Local Government Act as her father-in-law owns industrial zoned land in Macksville upon which Cr Nash farms and took no further part in debate or discussion.

 

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 21 February 2008

131/08 RESOLVED:         (Duffus/Flack)

 

That the minutes of the Ordinary Council Meeting of 21 February 2008 be confirmed subject to the following:

Page 7         Cr Flack…Item 10.1 should read as "…Cr Waller returned to the meeting…"

Page 10       Cr Flack   QWN 53/08 should read as "…..the possible clearing…."

Page 12       Cr Hoban did not second this resolution as she recorded her vote "as against".

 

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DELEGATIONS

132/08 Resolved:         (Hoban/Duffus)

 

That the following delegations be heard:

 

18a Matthew Street, Scotts Head:

 

(i)       Mr Digby Dunne speaking against development

(ii)      Mr Robert Barron speaking against development

(iii)     Mr John Schmidt speaking against development

(iv)     Mr Carl Leigh, applicant

 

Note: Mr Barron advised that there will be no speakers against this item.

 

Mr Leigh was invited to address Council and referred to his written report which is on file.

 

 

 

ITEM 9.4      DA2007/224        060308      Report on DA 2007/224 - Dwelling Additions - Lot 51 DP 1093411, 18a Matthews Street, Scotts Head

133/08 MOTION:    (Hoban/Waller)

 

That Council defer the development application for completion of place based study for Matthew Street, Scotts Head.

 

134/08 Amendment:      (Flack/Nash)

 

That the application be refused as it does not comply with the DCP.

 

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

 

135/08 Resolved:         (Flack/Nash)

 

That the application be refused as it does not comply with the DCP.

 

Note:  Cr Duffus and Cr Waller requested that their votes be recorded as against this resolution.

 

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General Manager Report

ITEM 8.1      SF959                060308      Outstanding Actions and Reports

136/08 RESOLVED:         (Nash/Ballangarry)

 

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

 

 

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ITEM 8.2      SF708                060308      Grant Application Status Report

137/08 RESOLVED:         (Flack/Nash)

 

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

 

 

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ITEM 8.3      SF785                060308      Guidelines for the Installation of Closed Circuit Television (CCTV) and Webcam

138/08 RESOLVED:         (Flack/Hoban)

 

That the information concerning the guidelines for the installation of CCTV and the discussion about the Bowraville promotional webcam be received.

 

 

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ITEM 8.4      SF768                060308      Upper Warrell Creek Railway Overbridge, Macksville

139/08 RESOLVED:         (Duffus/Hoban)

 

1        That Council undertake an open tender for the design and construction of the Upper Warrell Creek Road railway overbridge and associated roadworks.

 

2        The tender documents be submitted to Transfield Services for their approval prior to advertising.

 

3        The tenders be reported to Council for determination.

 

 

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General Manager Report - LATE

ITEM 8.5      DA2008/139        060308      Deferral of DA 2008/139 - Proposed Abigroup Pre-Cast Concrete Plant, Yarrawonga Street, Macksville

140/08 RESOLVED:         (Hoban/Duffus)

 

That the determination of DA 2008/139 being the proposed pre-cast concrete plant in Yarrawonga Street, Macksville be deferred so as to enable assessment of revised water consumption figures and their incorporation in the report and conditions of consent.

 

 

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Director Environment and Planning Report

ITEM 9.1      SF578                060308      Report on Pathway to Partnership - Guide to Food Regulation in NSW

141/08 RESOLVED:         (Duffus/Hoban)

 

1          That Council nominate to be in Category B under the new Food Regulation Partnership with the NSW Food Authority.

 

2          The fees and charges applicable to food businesses regulation and education be considered as part of Council’s normal budget process, commencing in February 2008.

 

 

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ITEM 9.2      SF691                060308      Report on Development Applications Received by Council 11-22 February 2008

142/08 RESOLVED:         (Moran/Duffus)

 

That the list of development applications received 11-22 February 2008, be noted and received for information by Council.

 

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ITEM 9.3      DA2006/083        060308      Report on Modification to DA 2006/083 - Home Activity - Garaging of Buses

143/08 RESOLVED:         (Duffus/Moran)

 

That Council approve Section 96 Modification No 2006/083/01 subject to the following:

 

a          Delete condition No 2:

2         Development consent is valid for 2 years from date of issue. Prior to the time limit on the consent lapsing, a new development application will be required to be determined by Council if the applicant wishes to continue the activity. Alternatively, Council may be approached to amend the condition of consent relating to the time limit, providing this is determined prior to the consent lapsing, and providing the activity has continued to operate in accordance with the conditions of development consent.

 

b          That the adjoining owner (Mr Lennon) be advised that condition 11 (road sealing) will be removed from the development consent if he does not provide, within 3 months, written advice allowing access to his property to enable the applicant to comply with condition 11 of the development consent.

 

c          That those persons who made submissions in respect of the proposal be advised of Council's decision.

 

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ITEM 9.5      DA2008/139        060308      Report on DA 2008/139 - Pre-Cast Concrete Plant - Yarrawonga Street, Macksville

This item was dealt with as the General Manager's late item (item 8.5)

 

 

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ITEM 9.6      SF822                060308      Council Report on Recruitment of Youth Worker and Community Development Officer

144/08 RESOLVED:         (Hoban/Flack)

 

That Council note the review of the Youth Worker and Community Development Officer positions and the commencement of recruitment to fill the two vacancies.

 

 

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Director Engineering Services Report

ITEM 10.1    RF440                060308      Bowra Street, Nambucca Heads - On Street Dining

145/08 MOTION:    (Flack/Nash)

 

146/08 Amendment:      (Moran/Duffus)

 

That Council refuse the application on street dining.

 

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

 

147/08 Resolved:         (Moran/Duffus)

 

That Council refuse the application on street dining.

 

Note:  Cr Waller and Cr Ballangarry requested that their votes be recorded as against this resolution.

 

148/08 Resolved:         (Hoban/Flack)

 

That Council write to the operator and ask if he would consider funding the platform and proceeding with previously resolved consultation.

 

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ASKING OF QUESTIONS WITHOUT NOTICE

 

QWN56/08 - Cr. Paula Flack - Waste Depot Transfer Station - Publish on Council's Website (Ref SF1087)

Cr Flack requested that the waste information on Council's website for non serviced residents regarding how to use the transfer station still has not been updated despite the Director's commitment to do so a month ago.  Information along the lines of that on the Coffs Coast Waste Site re what is recyclable and the fact recyclable don't need to be further separated would be very useful.  Could this be done please?

 

The Director Engineering Services advised that a brochure has been prepared and is being handed out on site.  This document will now be placed on Council's website.

 

Cr Moran advised that Coffs Coast needs to be explained as being Bellingen Shire, Coffs Harbour and Nambucca Shire.

 

Cr Hoban suggested that Coffs Coast should be paying for the brochures not Nambucca Shire Council.

 

 

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QWN57/08 - Cr. Paula Flack - West Street Development - Outcome of Court Hearing (Ref SF1087)

Cr Flack asked what the outcome of the latest court hearing with regard to West Street Developer's failure to comply re the previous Court Orders?

 

Director Environment and Planning advised Court hearing being held on 22 February 2008.  The Director Environment and Planning  does not know at this stage if the fines have been paid.

 

 

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QWN58/08 - Cr. Paula Flack - Final Copies of Various Council Documents (Ref SF1087)

Cr Flack asked when Council would receive the final copy of the following documents:

          a)       Structure plan—the Director Environment and Planning awaiting census data

          b)       Nambucca Heads Urban Design Strategies—next business paper to recommend exhibition

c)       Community Survey—the General Manager advised that the Survey was finished and on Council's website.  Hard copy will be sent to Councillors

          d)       Online Youth Survey—the General Manager will follow up.

 

 

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QWN59/08 - Cr. Rhonda Hoban - Regatta Drive - Council Owned Road (Ref SF1087)

Cr Hoban enquired if Regatta Drive was a Council road.

 

The Director Engineering Services advised Cr Hoban that is was Council road, that the kerb and gutter for one side is addressed in the draft budget.  Potholes will be attended to.

 

The Director Environment and Planning advised that the other side is part of LEP review to be zoned Residential and developers will be required to provide kerb and gutter.

 

 

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QWN60/08 - Cr. Barry Duffus - Parking Inspector for Nambucca Valley (Ref SF1087)

Cr Duffus enquired if Council could budget for the provision of a Parking Inspector.

 

The General Manager advised that there is provision in the budget for a part time Parking Inspector.

 

 

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QWN61/08 - Cr. Michael Moran - Skate Park - Nambucca Heads (Ref SF1087)

Cr Moran asked if Meadow Street residents could be given a hearing regarding the skate park at Coronation Park.

 

The Mayor advised that Council will just go ahead and build the skate park.

 

 

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Councillor Suzanne Nash left the meeting, the time being 6.37 pm.

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

149/08 RESOLVED:         (Hoban/Duffus)

 

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 above.

 

Reason reports are in Closed Meeting:

 

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Director Environment and Planning Report - LATE

For Confidential Business Paper in Closed Meeting

ITEM 11 .1   5324/2008           060308      Report on Voluntary Planning Agreement - NSC & Abigroup for Contribution Towards Replacement of Overbridge

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) (g) of the Local Government Act, 1993, on the grounds that 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 ( Report on Voluntary Planning Agreement - NSC and Abigroup for Contribution towards Replacement of Overbridge.).

 

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CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 6.38 pm.

 

RESUME IN OPEN MEETING

150/08 RESOLVED:         (Hoban/Duffus)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 6.40 pm.

 

 

FROM COUNCIL IN CLOSED MEETING

 

Director Environment and Planning Report - LATE

For Confidential Business Paper in Closed Meeting

ITEM 11 .1   5324/2008           060308      Report on Voluntary Planning Agreement - NSC & Abigroup for Contribution Towards Replacement of Overbridge

151/08 RESOLVED:         (Hoban/Duffus)

 

1          That Council note the Terms offered by the Abigroup relating to the Voluntary Planning Agreement for a contribution towards the replacement of the Upper Warrell Creek Rail Overbridge in conjunction with DA 2008/139.

 

2          That Council proceed to prepare a Voluntary Planning agreement in the terms offered by the Abigroup and that Council advertise and exhibit the Terms of the Voluntary Planning Agreement for a contribution towards the replacement of the Upper Warrell Creek Rail Overbridge all in accordance with the requirements of the Environmental Planning and Assessment Act.

 

3          That the Mayor and General Manager be authorised to finalise the Agreement following the exhibition period (in accordance with the Terms and Conditions as offered by the Abigroup), including the affixing of Council’s Seal and subsequent registration.

 

 

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Councillor Suzanne Nash returned to the meeting, the time being 6.45 pm.

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 6.46 pm. 

 

Confirmed and signed by the Mayor on 20 March 2008.

 

 

 

 

 

CR GEORGE HICKS

MAYOR

(CHAIRPERSON)