NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 03 July 2008

 

PRESENT

 

Cr George Hicks (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Barry Duffus

Cr Paula Flack

Cr Rhonda Hoban

Cr Mike Moran OAM

Cr Chris Waller

Cr Sue Nash

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Bruce Redman (Director Engineering Services)

Greg Meyers (Director Environment & Planning)

Lorraine Hemsworth (Minute Secretary)

 

 

Ordinary Council Meeting

 

SUBJECT:   DISCLOSURE OF INTEREST

 

Councillor PF Flack declared a pecuniary interest in Item 5.1 Notice of Motion - Withdrawal of Mobile Breast Screening Services to Nambucca Valley under the Local Government Act as the Mobile Breast Screening Service is provided by North Coast Area Health of which she is an employee and she left the meeting for this item.

 

Councillor JA Ainsworth declared a pecuniary interest in Item 5.4 Notice of Motion - Amended Criteria for Rural Residential Quota under the Local Government Act as he owns land in Rural Residential Zone and he left the meeting for this item.

 

Councillor SN Nash declared a non pecuniary – insignificant conflict of interest in Item 9.4 Rental of Bowraville Theatre under the Local Government Act as she is a member of the Bowraville Arts Council.  She did not leave the Chamber for this item.

 

Councillor SN Nash declared a non pecuniary – insignificant conflict of interest in Item 9.7 North Coast Computer Project Inc - Request for Financial Assistance with Lease for 12 West Street, Macksville under the Local Government Act as she is a Board Member of the North Coast Computer Project.

 

Councillor SN Nash declared a pecuniary interest in Item 9.9 Department of Lands - Outstanding Land Swap Agreement to Compensate Council for the relinquishment of Reserve 91694 being the Nambucca Heads Industrial Estate under the Local Government Act as her father-in-law owns industrial zoned land, which she farms and she left the meeting for this item.

 

Councillor SN Nash declared a pecuniary interest in Item 11.1 Nambucca Shire Traffic Committee - 3 June 2008 under the Local Government Act as recommendation No 5 in the body of the minutes concerns a Development Application submitted to Council by Abigroup and her father-in-law owns industrial zoned land next door to development and has dealings with Abigroup with an access and she farms this land and she left the meeting for this item.

 

Councillor RH Hoban declared a non-pecuniary significant conflict interest in the Late Item 12.2 QWN146/08 - Cr. Paula Flack (Ref SF1176) under the Local Government Act as for the reason of public perception as prior to becoming a Councillor Cr Hoban publicly advocated on behalf of Roktam over a DA and researched and prepared documents for their Land and Environment Court case and she left the meeting for this item.

 


 

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council MEETING 19 June 2008

481/08 RESOLVED:         (Nash/Moran)

 

That the minutes of the Ordinary Council Meeting of 19 June 2008 be confirmed.

 

 

 


Cr P Flack left the meeting at 5.32 pm.

Cr P Flack returned to the meeting after the completion of the item at 5.34 pm.

 

NOTICE OF MOTION – CR Ainsworth

ITEM 5.1      SF793                030708      Notice of Motion - Withdrawal of Mobile Breast Screening Services to Nambucca Valley

482/08 RESOLVED:         (Ainsworth/Hoban)

 

That Council approach the North Coast Area Health Service protesting against the withdrawal of the mobile breast screening service to the Nambucca Valley.

 

 

 


NOTICE OF MOTION – CR Duffus

ITEM 5.2      SF793                030708      Notice of Motion - Rodeo Drive Works

483/08 RESOLVED:         (Duffus/Moran)

 

1        That all Councillors be provided with a complete copy of the independent engineering consultants report on the testing of Rodeo Drive and their recommendations for remediation.

 

2        That Council receive a report on the works progress of the section of Rodeo Drive that is under repair and the current status of the associated budget.

 

 

 


NOTICE OF MOTION – CR Flack

ITEM 5.3      SF793                030708      Notice of Motion - Nambucca Heads Skate Park - Funding

484/08 RESOLVED:         (Flack/Ballangarry)

 

That the Nambucca Heads skate park be added to the list of projects to be funded in the draft Community Facilities and Open Space Section 94 Contribution Plan, prior to the draft going on exhibition for public comment.

 

 

 



485/08 Matter of Urgency: (Moran/Duffus)

 

That Council deal with the Late Notices of Motions Item 5.4 and Item 5.5 as matters of urgency.

 

 

Note:  Crs P Flack and M Ballangarry requested that their votes be recorded as against this resolution.

 

 


Councillor J Ainsworth left the meeting at 5.40 pm.

Councillor J Ainsworth returned to the meeting after the completion of the item at 6.00 pm.

 

 

NOTICE OF MOTION – CR Hoban – LATE

ITEM 5.4      SF793                030708      Notice of Motion - Amended Criteria for Rural Residential Quota

486/08 RESOLVED:         (Hoban/Waller)

 

1        That Council accept Expressions of Interest over the entire "broken black line" area of NLEP 1995 that is not coloured yellow on the Draft Rural Residential Land Release Strategy maps.

 

2        That the allocation of the 40 lots be awarded by ballot for those proposals that meet the following criteria:

 

·      Maximum number of lots in any one subdivision from any one person over any holding or existing holding would be three plus a residual.

 

·      Must meet all provisions of Council's subdivision codes, LEP and DCP's.

 

·      Applications must be able to be completed and lodged within three months.

 

·      Following the closing of the EOI process and provided the applications meet the above criteria a ballot system being applied.

 

3               That, in consideration of applications submitted by those balloted persons, Council strictly adheres to its Incomplete Development Application policy.

 

4               That the Subdivision must be registered within three years of the date of consent.

 

Note:  Crs P Flack and M Ballangarry requested that their votes be recorded as against this resolution as it has not been a public process.

 

 

 



NOTICE OF MOTION – CR Hoban - LATE

ITEM 5.5      SF793                030708      Notice of Motion - Draft Rural Residential Land Release Strategy - Legal Opinion for Zoning

MOTION:                         (Hoban/Moran)

 

That Council seek a legal opinion regarding the validity of zoning land R5 Large Lot Residential in NLEP 2008 and including a clause that indicates that subdivision of such land must be in accordance with an adopted Rural Residential Strategy to the Minister of Planning.

 

Amendment:                 (Hicks/Moran)

 

That Council put the proposal of zoning land in R5 Large lot Residential in NLEP 2008 and including a clause that indicates that subdivision of such land must be in accordance with an adopted Rural Residential Strategy to the Minister of Planning.

 

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

 

 

487/08 Resolved:         (Hoban/Moran)

 

That Council put the proposal of zoning land in R5 Large lot Residential in NLEP 2008 and including a clause that indicates that subdivision of such land must be in accordance with an adopted Rural Residential Strategy to the Minister of Planning.

 

Note:  Councillors P Flack and M Ballangarry requested that their votes be recorded as against this resolution.

 

 


  

DELEGATIONS

488/08 RESOLVED:         (Moran/Nash)

 

That the following delegations be heard:

 

A       Item 9.4       Rental of Bowraville Theatre

                   i)        Ms Sue Bowen from the Bowraville Arts Council – against recommendation

 

B       Item 10.1     Report on Section 82A Review of Determination of DA 2007/224 - Dwelling Alterations and Additions, 18a Matthew Street, Scotts Head

                   i)        Mr Bob Barron – Against Development

                   ii)       Mr Paul Drake – On behalf of the Applicant

 

C       Item 11.7     Rights of Carriageway off Rhones Creek Road

                   i)        Mr Brian Gaddes – Concerned Resident

 

 

A       Item 9.4       Rental of Bowraville Theatre

Ms Bowen addressed Council making the following points:

·                The Theatre and the Café have ban operated by volunteers for the last few years

·                Now seek a professional operator

·                Owe Council $144,000 for restorations

·                Requesting to revisit loan for Theatre

·                Café to cover Theatre operations

 

 

Delegations continued

 

·                Struggle to operate

·                Cost Council funds to maintain

·                Arts Council cover costs for maintenance

·                If Group walks away there will be a white elephant

·                Difficulty in running Theatre if no café

·                Request revisit loan repayments

·                Associated with this project for 6 years

 

ITEM 9.4      SF380                030708      Rental of Bowraville Theatre

MOTION:                (Flack/Ballangarry)

 

1        That a sublease of the coffee shop be approved as provided by the head lease with rental to be paid directly to Council be credited to the Bowraville Arts Council pending consideration of options regarding loan repayments for the Bowraville Theatre at the next quarterly budget review.

 

2        That Council’s seal be affixed to the lease documents.

 

Amendment:       (Ainsworth/Waller)

That the Bowraville Theatre Group bring back to Council an amended budget report for consideration.

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

 

489/08 Resolved:         (Ainsworth/Waller)

 

That the Bowraville Theatre Group bring back to Council an amended budget report for consideration.

 

490/08 Resolved:         (Hoban/Flack)

 

That for the interim period of three months the funds go directly to the Bowraville Theatre Group and when the budget comes in Council consider the whole issue.

 

 

 


B       Item 10.1     Report on Section 82A Review of Determination of DA 2007/224 - Dwelling Alterations and Additions, 18a Matthew Street, Scotts Head.

 

Mr Bob Barron spoke to a prepared paper which is on file.

 

491/08 Resolved:         (Flack/Duffus)

 

That an extension of time be granted to Mr Bob Barron for his deputation on Item 10.1 Report on Section 82A Review of Determination of DA 2007/224 - Dwelling Alterations and Additions, 18a Matthew Street, Scotts Head.

 

Mr Paul Drake addressed Council on behalf of the Applicant making the following points:

·                Town planning consultant with over 40 years experience

·                Ungagged by Kempsey and Port Macquarie Councils and has experience

·                Review of this case

·                Non compliance with heights

·                DIP clear

·                Height is shown

·                Views will not be effective

Delegations continued

 

·                Slope for extension – passes slope test

·                Impact on views

·                Assessment vertically and horizontally by contours not on property

·                Main views 19, 21 & 23 could be effected

·                Consider from what part of property views taken

 

 

492/08 Resolved:         (Ainsworth/Duffus)

 

That an extension of time be granted to Mr Paul Drake for his deputation on Item 10.1 Report on Section 82A Review of Determination of DA 2007/224 - Dwelling Alterations and Additions, 18a Matthew Street, Scotts Head.

 

·                Primary views to north and assess impact

·                Primary, secondary and minor view lines

·                Impact of proposal

·                Application is reasonable and passes lack of view test

·                Court will appoint independent expert

 

ITEM 10.1    DA2007/224        030708      Report on Section 82A Review of Determination of DA 2007/224 - Dwelling Alterations and Additions, 18a Matthew Street, Scotts Head

493/08 RESOLVED:         (Flack/Nash)

 

That Council not review the previous determination for Development Application 2007/224 issued on 17 March 2008 because it has not been presented with any new information; does not comply with the DCP; additional objections have been received and there is a query concerning the accuracy of ground levels.

 

 

 


C       Item 11.7     Rights of Carriageway off Rhones Creek Road.

 

Mr Brian Gaddes addressed Council making the following points:

·                     Against the recommendation

·                     Discussions have ended in nowhere

·                     Letter from Director Engineering Services

·                     Rectified later – no letter signed and asked for letter and can not be presented with letter

·                     Council has no money to spend on carriageway

·                     No money spent on this carriageway

·                     Subdivision permitted

·                     Cattle on road and not fenced

·                     Cow hit by vehicle – cattle live on road

·                     Council responsible and liable

·                     Who seeks liability if hit cow

·                     Tourist bus – no in case hits cattle

·                     Meeting to talk with other people

·                     Never asked about subdivision or carriageway

·                     Never provided with information about carriageway

·                     Bridge falling in

·                     Legal access

·                     How will people get through if bridge falls in -  go onto private property

·                     Council says it is peoples responsibility

·                     Sumps blocked

·                     Meeting called and Cr Hoban was the only one who attended

 

 

ITEM 11.7    RF386                030708      Rights of Carriageway off Rhones Creek Road

494/08 Resolved:         (Ainsworth/Nash)

 

That Council undertake an inspection of the Rights of Carriageway off Rhones Creek Road at the next Works Inspection Committee meeting and when the report comes in the Works papers that staff report on concerns with subdivisions regarding the conditions relating to maintenance liability and whether maintenance was considered.  Also Council receive any information which Mr Gaddes may have to be included.

 

 

 

 


ASKING OF QUESTIONS WITH NOTICE

 

There were no questions with notice.

 

 

 

 


QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

Three questions for closed meeting where due notice has been received from Cr Flack.

 

 

 


General Manager Report

ITEM 9.1      SF959                030708      Outstanding Actions and Reports

495/08 RESOLVED:         (Nash/Moran)

 

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

 

 

 


ITEM 9.2      SF708                030708      Grant Application Status Report

496/08 RESOLVED:         (Duffus/Moran)

 

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

 

2        That Council support contribution of up to $5,000 from its Environmental Levy for the River Reach Program (Stage 2).

 

 


 


ITEM 9.3      SF600                030708      Eungai Preschool - Request for Formal Tenure Agreement

motion:      (Duffus/Moran)

 

1        That Council provide an annual licence for occupation to the Eungai Preschool for the next three years or until the land is transferred, whichever occurs first.

 

2               That Council resolve to reclassify the Eungai Preschool from community to operational land in accordance with the Local government Act and the Planning and Assessment Act, with the intention of transferring ownership to the community based preschool association for a nominal price.  The contract of sale should provide Council with the opportunity to purchase the land back should its use for education purposes lapse.

 

Amendment to RECOMMENDATION 1:     (Hoban/Nash)

1        That unless requested by the Department of Community Services the licence only be for one year.

 

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

497/08 Resolved:         (Hoban/Nash)

 

1        That unless requested by the Department of Community Services the licence only be for one year.

 

2        That Council resolve to reclassify the Eungai Preschool from community to operational land in accordance with the Local government Act and the Environmental Planning and Assessment Act, with the intention of transferring ownership to the community based preschool association for a nominal price.  The contract of sale should provide Council with the opportunity to purchase the land back should its use for education purposes lapse.

 

Item 9.4 was dealt with under Delegations.

 

 


ITEM 9.5      SF578                030708      Response from Minister for Local Government in relation to Reducing the Number of Councillors and Deferring the Council Elections

498/08 RESOLVED:         (Moran/Nash)

 

1        That the information from the Minister for Local Government, The Hon Paul Lynch MP (dated 14 June 2008) concerning the Local Government Amendment (Elections) Bill and the deferral of the elections be received.

499/08 Resolved:         (Hoban/Ainsworth)

 

2        That Council write to Electoral Commission and seek clarification if preferential voting will remain for the next elections.

 

 

 

 


Note:  Meeting adjourned for a meal break at 7.30pm and returned at 8.00 pm.

 


 


ITEM 9.6      SF42                  030708      Council Decision Making Prior to the Election on 13 September 2008

500/08 RESOLVED:         (Moran/Waller)

 

That the information concerning the “caretaker” period prior to the Council elections on 13 September 2008 be received.

 

 

 


Councillor S Nash left the meeting at 8.02 pm.

Councillor S Nash returned to the meeting after the completion of the item at 8.07 pm.

 

ITEM 9.7      SF24                  030708      North Coast Computer Project Inc - Request for Financial Assistance with Lease for 12 West Street, Macksville

501/08 RESOLVED:         (Ainsworth/Hoban)

 

That Council provide funding assistance of $450.00 per month by way of rental assistance to the North Coast Computer Project for an additional 12 months.  Also that Council write to Mr Bernie Francis (Coordinator of North Coast Computer Project Inc) requesting he provide a projected forecast of funding requirements.  Also whether he would prefer the funding of $225.00 per month over 2 years.

 

Note:  Cr B Duffus requested that his vote be recorded as against this resolution as it is throwing money away.

 

 

 


ITEM 9.8      SF1027              030708      Water Supply Fund - Obtaining a Dividend from Surplus

502/08 RESOLVED:         (Ainsworth/Waller)

 

1        Upon completion of the IWCM (integrated water cycle management) and in the event that Council retains its water and sewerage functions at the conclusion of the Water Utility Inquiry, that Council obtain independent financial and compliance audits for its water supply business so as to seek approval to take a dividend from its surplus.

 

2        That the quantum of any dividend be the subject of a further report to Council.

 

Note:  Cr M Moran requested that his vote be recorded as against this resolution.

 

Councillor S Nash left the meeting at 8.14 pm.

Councillor S Nash returned to the meeting after the completion of the item at 8.15 pm.

ITEM 9.9      SF791                030708      Department of Lands - Outstanding Land Swap Agreement to Compensate Council for the relinquishment of Reserve 91694 being the Nambucca Heads Industrial Estate

503/08 RESOLVED:         (Moran/Hoban)

 

That Council make representation to the Minister for Lands, The Hon. Tony Kelly, seeking the agreed compensation for the subdivision of Council’s Reserve 91694, being the former depot site (1.213 ha) without compensation and the residue (0.523 ha) at valuation.

 

 


 


ITEM 9.10    SF1162              030708      NSW Department of Sport and Recreation - Proposed Draft MOU to Strengthen the Relationship between the Department and Council in Delivering Agreed Outcomes.

504/08 RESOLVED:         (Flack/Waller)

 

1        That Council advise Mr Paul Hernage, Manager Northern Region, NSW Department of Sport and Recreation that it supports, in principle, the draft framework and MOU for the delivery of sport and recreation with the exception that Council will not support S94 contributions for facilities outside the Nambucca Shire Local Government area.

 

2        That Mr Hernage be requested to make reference to the Mid North Coast and particularly our adjoining Councils rather than the “Northern Rivers” Councils in developing regional level facilities and that the MOU refer to leisure activities for older people.

 

Note:  Cr M Moran requested that his vote be recorded as against this resolution.

 

 

 


ITEM 9.11    SF319                030708      Macksville Showgrounds - Temporary Licence

505/08 RESOLVED:         (Duffus/Nash)

 

That Council authorises to provide and execute under seal, a temporary licence for use of the “School Exhibit” pavilion by Works Options Incorporated for the period to 31 December 2008 with the agreed rental being paid to the Management Committee.

 

 

 

 


ITEM 9.12    SF632                030708      Transfer of residual land to the owner of 755 Scott Head Road following road realignment of Scotts Head Road

506/08 RESOLVED:         (Duffus/Moran)

 

1        That Council transfer Lot 6 DP 1097285 to the current registered proprietors of  755 Scotts Head Road in lieu of land acquired by Council for road realignment.

 

2        Council’s seal being affixed to all necessary documentation.

 

 


 


Director Environment and Planning Report

 

 


Item 10.1 was dealt with under Delegations.

 

 


ITEM 10.2    SF691                030708      Development Applications Determined Under Delegated Authority from 7 May 2008 to 23 June 2008

507/08 RESOLVED:         (Flack/Nash)

 

That Council note for information the following Notices of Determination and Certificates granted under delegation by the Director Environment and Planning to 23 June 2008.

 

ITEM 10.3    SF691                030708      Development and Complying Development Applications Received 26 May 2008 to 20 June 2008 and Applications where submissions have been received

508/08 RESOLVED:         (Duffus/Moran)

 

1          That the applications received, be noted and received for information by Council.

 

2          That the applications where submissions have been received be noted and received for information by Council.

 

3                     That Council “call in” Development Application 2008/193 and be presented to a future meeting of Council.

 

 

 


ITEM 10.4    SF241                030708      Progress Report on draft Nambucca Local Environmental Plan 2008 (NLEP 2008)

MOTION:                         (Moran/Ainsworth)

 

1          That Council note the report.

 

2          That once a Section 65 certificate is received from the Director General for the Department of Planning, a workshop be conducted with all interested Councillors before the draft plan is placed on public exhibition.

 

Amendment to 1:        (Ainsworth/Duffus)

1          That Council note the report but remove the Preservation of Trees or Vegetation, Clause 5.9 from the draft Local Environmental Plan.

 

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

509/08 Resolved:         (Ainsworth/Duffus)

 

1          That Council note the report but remove the Preservation of Trees or Vegetation, Clause 5.9 from the draft Local Environmental Plan.

 

2          That once a Section 65 certificate is received from the Director General for the Department of Planning, a workshop be conducted with all interested Councillors before the draft plan is placed on public exhibition.

 

ITEM 10.5    SF669                030708      Report for Comments on Draft NSW Planning Codes for Single Dwelling and Commercial Development

510/08 RESOLVED:         (Waller/Ballangarry)

 

1          That Council make a written submission regarding the concerns raised is this report and decide if it has any other matters of concern that it would like to be included in the formal written submission, including specific Local Variations to the Code.

 

2          Councillors forward any written submissions they may have to Council’s Strategic Planner prior to 9 July in order for them to be included in the formal submission referred to in 1 above.

 

3          That Council continue to prepare an amendment to DCP 3 Residential Development and ensure that provisions within the new DCP are appropriately considered in its relationship to the draft Housing Code.

 

 

 


ITEM 10.6    DA2007/232        030708      Report for Determination of DA 2007/232 - Dual Occupancy – 15 Mcleod Drive, Scotts Head

MOTION:      (Flack/Nash)

 

That development application 2007/232 for the erection of an attached dual occupancy be refused for the following reasons:

 

1          Pursuant to Section 79C(1)(a)(iii), the proposed development does not provide sufficient car parking, and the proposed stack parking provided to comply with the required number of car parking spaces, does not satisfy section 2 or 4.11 of Development Control Plan No 1 – Off Street Parking.

 

2          Pursuant to Section 79C(1)(a)(iii), the proposed development does not comply with the minimum building line setbacks in accordance with section 6.1 of Development Control Plan No 11 – Building Line Setbacks and the request to vary the setback is not supported.

 

3          Pursuant to Section 79C(1)(b), the proposed development will have an adverse impact on an adjoining property by the uncontrolled disposal of stormwater.

 

4          Pursuant to Section 79C(1)(e) of the Environmental Planning and Assessment Act, 1979, it is considered that the proposed development is not in the public interest as it will result in variations to Council adopted development standards, which may result in an undesirable precedent being set for similar applications.

 

Amendment:                 (Moran/Ainsworth)

 

That Council undertake an inspection of Development Application 2007/232

 

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

 

511/08 Resolved:         (Moran/Ainsworth)

 

That Council undertake an inspection of Development Application 2007/232.

 

Note:  Cr P Flack requested that her vote be recorded as against this resolution because it does not       comply and is a waste of resources and time.

 

Councillor S Nash left the meeting at 8.48 pm.

Councillor S Nash returned to the meeting after the completion of the item at 8.50 pm.

 

Director Engineering Services Report

ITEM 11.1    SF90                  030708      Nambucca Shire Traffic Committee - 3 June 2008

512/08 RESOLVED:        (Duffus/Ainsworth)

 

1          That Council liaise with the local schools in Centenary Parade with a view to replacing the pedestrian crossing with a school crossing in a location closer to the Nambucca Heads High School entry.

 

2          That Council initially trial linemarking to delineate the edge of the travel lane (corner Princess and Winifred Streets, Macksville).  If the trial proves unsuccessful further safety improvements shall be investigated such as a raised pedestrian platform.

 

3          That a traffic calming device be installed in the left turn lane in Princess Street onto Wallace Street, Macksville to limit approach speeds to the parking area.

 

4          That Council approve the temporary closure of Bowra Street, between Ridge and Rosedale Streets, also between Rosedale and West Streets, Nambucca Heads subject to advertising in accordance with the Road Act 1993 from 9.00 am to 12.30 pm on Saturday 4 October 2008 for the annual Drag-ens Hot Rod Club.

 

5          That the Traffic Committee has no objection to the use of nominated local public roads for the transport of pre-cast concrete products by Abigroup.

 

6          That the Traffic Committee approved proposed street improvements subject to the extension of kerbside blisters and improvements to the visibility of signs on the proposed school crossing in Carbin Street, Bowraville relating to a children’s crossing.

 

7          That the proponents make direct application to the Roads and Traffic Authority for an activity on a public road and the Police for a public gathering relating to the march by the Nambucca Highway Action Group.

 

 

 


ITEM 11.2    SF408                030708      Acquisition of Crown Land Adjacent to Ocean Street, Scotts Head for Road Purposes

513/08 RESOLVED:         (Duffus/Moran)

 

That Lot 2 DP 1126093 be acquired by compulsory process  for road purposes pursuant to the Land Acquisition (Just Terms Compensation) Act 1991 and the Roads Act 1993, provided that:

 

1          Minerals are to be excluded from the proposed acquisition

 

2          The proposed acquisition is not for the purpose of resale

 

3          The necessary application be made to the Minister for Local Government and the Governor

 

4          The common seal of Council be affixed to all documents associated with the acquisition, if necessary.

 

 


ITEM 11.3    SF834                030708      2008 National Local Roads and Transport Congress

514/08 RESOLVED:         (Duffus/Moran)

 

That Council note the outcome of the 2008 National Local Roads and Transport Congress as stated in the Communiqué.

 

 

 


ITEM 11.4    PRF17                030708      Faringdon Playing Fields

515/08 RESOLVED:         (Moran/Flack)

 

1        That the long-term aim be to re-vegetate the Faringdon Playing Fields to return the area to bushland when funding is identified.

 

2        That clerical assistance be provided to the Nambucca Heads Local Aboriginal Land Council in making an application for Federal Funding to purchase the land under the National Reserve System.

 

3        That a new Plan of Management be prepared and exhibited.

 

 

 


 


ITEM 11.5    SF84                  030708      NSW Rural Fire Service - Alternate Office

516/08 Resolved:         (Ainsworth/Flack)

 

1        That Council advise the NSW Rural Fire Service that upgrading the existing office in Kelly Close, Macksville utilising the allocated funds is the preferred option.

 

2        That Council advise the NSW Rural Fire Service that future budgets commencing in 5 years time in 2013/14 should include the provision of a new building at a new site that best addresses the needs of the Rural Fire Service.

 

Note:  Crs R Hoban and B Duffus requested that their votes be recorded as against recommendation 2 of this resolution.

 

motion:      (Duffus/Nash)

 

3        That Council advise the NSW Rural Fire Service to investigate in Kempsey as alternative location for the regional depot to address the needs of the Rural Fire Services.

 

The motion was LOST.

 

517/08 Resolved:         (Hoban/Nash)

 

3        That the Director Engineering Services write to the NSW Rural Fire Service and remind them of their Workplace Health and Safety and house keeping responsibilities at Kelly Close, Macksville.

 

Note:  Cr B Duffus requested that his vote be recorded as against this resolution.

 

 

 

 


ITEM 11.6    SF722                030708      Storm Drainage - 3 June 2008

518/08 RESOLVED:         (Flack/Nash)

 

1        That Council note the storm damage claim and request for a Natural Disaster Declaration.

 

2        That Council note the referral of the landslips in Wellington Drive, Nambucca Heads to the Department of Lands.

 

 

 


Item 11.7 was dealt with under Delegations.

 

 

 

 



Works Inspection Committee REPORT

General Manager Report

ITEM 8.1      SF544                250608      SECTION 94 DEVELOPER CONTRIBUTIONS: COMMUNITY FACILITIES AND OPEN SPACE CONTRIBUTION PLAN 2008

519/08 RESOLVED:         (Ainsworth/Moran)

 

1        That Council endorse the Draft Nambucca Shire Community Facilities and Open Space Contribution Plan 2008 for public exhibition for a period of 28 days.

 

2       That a notice be placed in the Nambucca Guardian advising of Council’s resolution.

 

520/08 Resolved:         (Hoban/Duffus)

 

3       That Councillors forward any written comments on the Draft Community Facilities and Open Space Contribution Plan 2008 to the General Manager by 9 July 2008 and that those issues be addressed in the report to come to Council following the public exhibition of the Draft Plan

 

 

Director Environment and Planning Report

ITEM 9.1      SF1031              250608      Report on Review of Policy for Use of Road Reserves and Public Land for Commercial, Community and Charitable Activities

521/08 Resolved:         (Moran/Flack)

 

1          That Council form a Working Party to resolve the conflicting issues surrounding the use of footpaths for such items as A frame signs, trading tables, street vending (excluding street stalls and outdoor eating areas) and this Working Party consist of Council Planning, Health and Engineering staff, Council’s Safety Officer, Council’s Insurers, a representative from each of the Chambers of Commerce and Industry and the Access Committee.

 

2          That Council require the Working Party to include for discussion and consideration the requirement of a “No Smoking Provision” for all footpath café and restaurant seating areas situated on Council controlled land.

 

 


ITEM 9.2      SF1031              250608      Further Report on Review of Council Policies - Environment and Planning Department

522/08 RESOLVED:         (Ainsworth/Nash)

 

1          That Council delete the Policies identified below as they are now superseded by subsequent Development Control Plans adopted by Council or consumed in recently introduced Legislation.

 

Policies to be deleted:

 

¨      Development Application Fees – Payment

¨      Keeping of Animals in Urban Village and Residential Village Estates Areas of the Shire

 

2        That Council review the Policies identified below and modify where necessary.

 

Policies to be reviewed/modified:

 

¨      Outstanding Development Applications for Development Consent

¨      Overgrown Allotments – Non-Residential Areas

 

ITEM 9.3      SF29                  250608      Report on Library Funds

523/08 RESOLVED:         (Ainsworth/Flack)

 

1        That Council note the proposed changes by the NSW Government in allocating library funding; that 2008-09 will be a transitional year using existing funding models; and await further advice regarding the new methodology for allocation of public library funding to local government from 2009-10.

 

2        That Council note the various reviews being undertaken with regard to library expenditure by Clarence Regional Library Committee of Management and Council’s own staff.

 

3        That Council support the Clarence Regional Library Committee of Management in undertaking a formal dialogue and report on the inclusion of Coffs Harbour City Council library services in a Clarence to Nambucca regional library system, and whether this would result in a more cost-effective regional library service.

 

524/08 Resolved:         (Moran/Ainsworth)

 

4        That Council write to the principals of all schools to enquire if their school libraries are available for public use or whether they would agree to provide access for the general public to their libraries in the future.  The letter is to also ask whether the schools would be interested in being part of the Clarence Regional Library network for borrowings and for books to be delivered directly to the school.

 

 

 

 


Director Engineering Services Report

ITEM 10.1    SF436                250608      Works Depot - Environment Compliant Progress

525/08 RESOLVED:         (Hoban/Ainsworth)

 

1        That the report on the Environment Compliant Progress at the Nambucca Shire Works Depot be noted.

 

526/08 Resolved:         (Flack/Ainsworth)

 

2        That Council receive a report on what needs to be undertaken at the works depot so that Council meets its licence requirements and any legislative requirements.  Also the report is to consider the outstanding quality assurance plan and the cost to prepare and implement it.

 

 


 


ITEM 10.2    SF436                250608      Report on Works Depot Forward Plan

527/08 RESOLVED:         (Ainsworth/Duffus)

 

1        That a fully costed Forward Plan be presented each year as part of the Budget deliberations with the intention to implement the next stage.

 

2        That the Forward Plan be reviewed as changes occur such as the future role of Council as a water authority, construction of the Pacific Highway Upgrade, changes in environmental regulations that affect the Depot and changes in work practices or technologies.

 

Note:  Cr Duffus requested that his vote be recorded as against this resolution because he cannot see the value in spending $200,000 to demolish and rebuild the lunch room.

 

528/08 Resolved:         (Hoban/Ainsworth)

 

3        That a more detailed report come forward in relation to the costing of works at the depot which are planned to be undertaken in 2008/2009.

 

529/08 Resolved:         (Flack/Hoban)

 

4        That a report come forward preferably by next Works Inspection (16 July 2008) on a plan and costing for soil testing at the works depot, as part of the management and upgrade program at the depot.  Costing to include contingency budget for potential remediation works.  The report to have regard to the Jellife Report.

 

530/08 Resolved:         (Flack/Hoban)

 

5        That council receive a report on records management and disaster recovery in relation to the use of the works depot for archives and electronic backup of Council’s computer records.

 

 

 

 


ITEM 10.3    SF205                250608      Urban Drainage

531/08 RESOLVED:         (Flack/Duffus)

 

1        That Council note the inspections of the properties which have experienced drainage problems and that a report come back to Council in relation to the properties including consideration of whether the installation of drainage in West Street Macksville, has been approved by Council.

 

532/08 Resolved:         (Hoban/Duffus)

 

2        That the report which comes forward in relation to the drainage issues provide proprietors for action in accordance with risk management principles.

 

 

 


533/08 Resolved:(Flack/Nash)

 

That Council note the presentation by the Roads and Traffic Authority.

     

 

 


ASKING OF QUESTIONS WITHOUT NOTICE

 

QWN144/08 - Cr. Paula Flack - Disposal/Recycling of Computer Hardware (Ref SF1144)

Cr Flack enquired as to what options are available through Coffs Coast Waste for the disposal/recycling of computer hardware?

 

The General Manager advised that Bernie Francis (Coordinator of North Coast Computer Project Inc) takes most of Councils surplus computer hardware.

 

The Director Engineering Services advised that Mid Waste are looking at recycling electronic equipment.

 

 

 


QWN145/08 - Cr. Paula Flack - Unwanted Computer Hardware (Ref SF1144)

Cr Flack enquired as to what does Council currently do with its unwanted computer hardware?

 

The General Manager advised that most unwanted computer hardware goes to Bernie Francis (Coordinator of North Coast Computer Project Inc).

 

 

 


QWN146/08 - Cr. Paula Flack - Drawing of 40 Rural Residential Ballots (Ref SF1144)

Cr Flack enquired how will the 40 rural residential lots ballot be drawn?

 

Director Environment and Planning advised that the drawing of the ballot for the 40 rural residential lots will be conducted at a public meeting.

 

 

 


QWN147/08 - Cr. Paula Flack - Plan for the development of the Finger Wharf (Ref SF1144)

Cr Flack enquired if there was a plan for the development of the finger wharf?  If so was destruction of the mature Tuckeroo tree part of the plan?

 

The Director of Engineering Services advised that there is a plan of the structure.  The intention was to retain the tree but it was hollow and unsafe to leave.

 

 

 


QWN148/08 - Cr. Paula Flack - Sediment Controls for Bretts Bridge (Ref SF1144)

Cr Flack enquired if the Director Engineering Services was aware that there are no sediment controls in place on the earth works on the Betts Bridge site

 

The Director Engineering Services advised that the sediment was washed away in the flood and that works are to be carried out on Monday 7 July 2008 to complete the roadworks.  The silt fence will be reinstated on Friday 4 July 2008.

 

 

 


QWN149/08 - Cr. Paula Flack - Opening of Betts Bridge (Ref SF1144)

Cr Flack asked when does the Director Engineering Services anticipate the opening of Betts Bridge?

 

The Director Engineering Services advised that a cable has not been put into conduit and this will be carried out on Friday 4 July 2008 around 11.00 pm.  The roadworks will be completed on Tuesday.  No official opening is planned.

 

 

QWN150/08 - Cr. Rhonda Hoban – Flood Damage on Rhones Creek Road (Ref SF1144)

Cr Hoban requested the wash away near Allan Proctor’s property on Rhones Creek Road cattle grid be added to the Flood list claim and sump needs digging out.

 

Director Engineering Services advised that Rhones Creek Road was damaged in the storm and that it can be looked at when looking at Mr Gaddes property.

 

 

 


QWN151/08 - Cr. Rhonda Hoban - Pot Holes - Eungai Creek (Ref SF1144)

Cr Hoban requested that the pot holes on Main Street Eungai be filled.

 

The Director Engineering Services advised that the pot holes in the Allgomera and Eungai are being filled at the moment.

 

 

 


QWN152/08 - Cr. John Ainsworth – Reconstruction of Sturdee Street, Kingspoint (Ref SF1144)

Cr Ainsworth enquired when the reconstruction of Sturdee Street, Macksville will be programmed

 

The Director Engineering Services advised that the Sturdee Street and other streets in the Kingspoint area are in this budget and programmed for September 2008.

 

 

 


QWN153/08 - Cr. Barry Duffus - Litter Traps - Nambucca Heads (Ref SF1144)

Cr Duffus advised that the grate has been removed from the Litter Trap at Nambucca Heads Tourist Office and is overflowing.

 

The Director Engineering Services advised that litter traps at the Tourist Office, Beer Creek and EJ Biffen are to be cleaned out within 2 weeks.  The Director Engineering Services also advised that a letter has been forwarded to the Roads and Traffic Authority advising of the overfull Litter Trap on the western side of the highway.

 

 

 


QWN154/08 - Cr. Michael Moran - Upgrade of Maps (Ref SF1144)

Cr Moran enquired if Council staff would be able to get maps from Google Earth Mapping.

 

The Director Environment and Planning advised that the maps are of the same standard as is currently utilised.

 

 

 


QWN155/08 - Cr. Michael Moran - Star Street Lighting (Ref SF1144)

Cr Moran advised that the flood light in the Star Street Car Park is on all day and enquired as to who is responsible for this.

 

The Director Engineering Services advised that Council would maintain the lights and that there must be a fault and will request Country Engergy to repair.

 

 


 


QWN156/08 - Cr. Michael Moran - Bakers Creek – Resealing(Ref SF1144)

Cr Moran advised that as a result of recent flash flooding some the signs have been washed onto trees, log on the bridge and the bitumen needs to be looked at on Bakers Creek.

 

The Director Engineering Services advised that he has looked at this and has arranged repair.

 

 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

534/08 RESOLVED:         (Ainsworth/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:

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    15158/2008         030708      General Manager's Performance Agreement and Action Plan

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) of the Local Government Act, 1993, on the grounds that the report contains personnel matters concerning particular individuals.

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

Three questions for closed meeting where due notice has been received from Cr Flack.

 

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) (d) of the Local Government Act, 1993, on the grounds that the report contains 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.

 

 

 


CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 9.23 pm.

 

questions for closed meeting where due notice has been received—late

For Confidential Business Paper in Closed Meeting

There were three questions for Closed Meeting where due notice has been received from Councillor P Flack.

 

 

 


RESUME IN OPEN MEETING

535/08 RESOLVED:         (Ainsworth/Duffus)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 9.43 pm

 

 

GB8/08 - Cr. John Ainsworth - Report on Section 82A Review of Determination of DA 2007/224 - Dwelling Alterations and Additions, 18a Matthew Street, Scotts Head

536/08 Resolved:         (Ainsworth/Nash)

 

That Council not have legal representation at Land and Environment Court hearing for Development Application 2007/224 – Dwelling Alterations and Additions, 18a Matthew Street, Scotts Head.

 

Note:  Cr M Moran requested that his vote be recorded as against this resolution.

 

 


CLOSED MEETING

 

537/08 Resolved:         (Ainsworth/Duffus)

 

That Council move into Closed Meeting to discuss the matters for the reason listed below.

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 9.45 pm.

 

Mr Bruce Redman, Director Engineering Services, Mr Greg Meyers, Director Environment and Planning and Mrs Lorraine Hemsworth, Minutes Secretary left the meeting at 9.45 pm.

 

 

 

 


RESUME IN OPEN MEETING

538/08 RESOLVED:         (Duffus/Ainsworth)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 9.57 pm

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

 

ITEM 12.1    SF839                030708      General Manager's Performance Agreement and Action Plan

539/08 ReSOLVED:         (Nash/Ballangarry)

 

That Council adopt the Performance Agreement for the General Manager for the period 1 July 2008 to 30 June 2009.

 

 

 


 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 10.00 pm.

 

Confirmed and signed by the Mayor on 17 July 2008.

 

 

CR GEORGE HICKS

MAYOR

(CHAIRPERSON)