NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 02 October 2008

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Paula Flack

Cr Brian Finlayson

Cr Mike Moran OAM

Cr Elaine South

Cr Anne Smyth

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Monika Schuhmacher (Minute Secretary)

Greg Meyers (Director Environment & Planning)

Bruce Redman (Director Engineering Services)

 

 

LEAVE OF ABSENCE

 

Cr Janet Court was granted leave of absence from Friday 19 September to Saturday 11 October 2008 inclusive in accordance with Section 234(d) of the Local Government Act.

 

 

Ordinary Council Meeting

 

SUBJECT:   DISCLOSURE OF INTEREST

 

Councillor P Flack declared a non-pecuniary insignificant conflict of interest in Item 9.5 Proposed Cancer Resource Centre under the Local Government Act as she is employed by the North Coast Area Health Service at Macksville Hospital as a Registered Nurse.  Cr Flack indicated that she would remain in the meeting for this Item and participate in discussion but not vote.

 

 

Councillor AM Smyth declared a non-pecuniary significant conflict of interest in Item 9.12 Budget Review 2008 (Stormwater Drainage Nelson Street Nambucca Heads)  under the Local Government Act as her brother owns property affected by stormwater from Nelson and Seaview Street catchments and Cr Smyth left the meeting for this Item.

 

 

Councillor JM Ainsworth declared a pecuniary interest in Item 10.6 Draft Rural-Residential Land Release Strategy - Report on Response from Department of Planning under the Local Government Act as he and a family member are landowners in discussed area and Cr Ainsworth left the meeting for this item.

 

 

Councillor BJ Finlayson declared a pecuniary interest in Item 10.10 Rural-Residential 40 Lot Quota - Ballot Criteria under the Local Government Act as he has an interest in land included in the ballot and Cr Finlayson left the meeting for this item.

 

 

Councillor AM Smyth declared a non-pecuniary insignificant conflict of interest in Item 11.3 Smoke-Free Outdoor Areas under the Local Government Act as her daughter was the original proponent of the policy and she submitted a response to Council’s draft policy in support of its implementation and Cr Smyth left the meeting for this Item.

 

 

Councillor BJ Finlayson declared a non-pecuniary interest significant conflict of interest in Item 12.2 Termination of Waterslide Lease to M & G Cummings as at 30 June 2009 under the Local Government Act as he has provided professional advice to M and G Cummings in relation to the subject matter of this item and Cr Finlayson left the meeting for this item.

 

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 4 September 2008

716/08 RESOLVED:         (Moran/Flack)

 

That the minutes of the Ordinary Council Meeting of 4 September 2008 be confirmed.

 

 

 

 

 


NOTICE OF MOTION – CR Moran OAM

ITEM 5.1      SF793                021008      Notice of Motion - Environmental Levy - Request for Detailed Report

717/08 RESOLVED:         (Moran/Flack)

 

That Council be provided with a detailed report in regard to the Environmental Levy.  The report should provide a full account of income, expenditure, funds allocated, loans if any, commitments if any and the balance.

 

 

 

 

 


NOTICE OF MOTION – CR Moran OAM

ITEM 5.2      SF793                021008      Notice of Motion - Stormwater Levy - Request for Detailed Report

718/08 RESOLVED:         (Moran/Ballangarry)

 

That Council be provided with a detailed report in regard to the Stormwater Levy.  The report should provide a full account of income, expenditure, funds allocated, loans if any, commitments if any and the balance.

 

 

 

 

 


   

General Manager Report

ITEM 9.1      SF1224              021008      Cr Janet Court - Request for Leave - 19 September to 11 October 2008

719/08 RESOLVED:         (Ainsworth/Moran)

 

That Cr Janet Court be granted leave of absence from Friday 19 September to Saturday 11 October 2008 inclusive in accordance with Section 234(d) of the Local Government Act.

 

 

 


ITEM 9.2      SF959                021008      Outstanding Actions and Reports

720/08 RESOLVED:         (Ainsworth/Moran)

 

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

 

 

 

 

 


ITEM 9.3      SF791                021008      Categorisation of Lands acquired by compulsory acquisition

721/08 RESOLVED:         (Moran/Ainsworth)

 

1        That Council, upon the expiry of the prescribed public notice period categorise all that piece and parcel of land situated in Nambucca Shire Council area, Parish of Nambucca, County of Raleigh, being part of the Nambucca State Forest 543 dedicated 10 August 1917, within Lot 1 DP 884337, having an area of about 2.65 ha as Operational Land within the meaning , and subject to the provisions of the Local Government Act 1993 under Division 1 of Part 2 of Chapter 6.

 

2        That Council, upon the expiry of the prescribed public notice period categorise all that piece and parcel of land situated in Nambucca Shire Council area, Parish of Nambucca, County of Raleigh, being part of the Nambucca State Forest 543 dedicated 10 August 1917, within Lot 2 DP 1018234 having an area of about 19.36 ha as Operational Land within the meaning , and subject to the provisions of the Local Government Act 1993 under Division 1 of Part 2 of Chapter 6.

 

3        That Council, upon the expiry of the prescribed public notice period categorise all that piece and parcel of land situated in Nambucca Shire Council area, Parish of Nambucca, County of Raleigh, being part of the Nambucca State Forest 543 dedicated 10 August 1917, within Lot 3 DP 1028461 having an area of about 1.5 ha as Community Land within the meaning , and subject to the provisions of the Local Government Act 1993 under Division 1 of Part 2 of Chapter 6.

 

4        That Council, upon the expiry of the prescribed public notice period categorise all that piece and parcel of land situated in Nambucca Shire Council area, Parish of Valley, County of Raleigh, being the parts of the Nambucca State Forest 543, No 1 extension, dedicated 19 March 1920, within Lots 4 & 5 DP 1004357 having a total area of about 3.078 ha as Operational Land within the meaning, and subject to the provisions of the Local Government Act 1993 under Division 1 of Part 2 of Chapter 6.

 

5        That Council publish the requisite Notice for the above proposed classification of lands pursuant to Section 34, under Division 1 of Part 2 of Chapter 6 of the Local Government Act 1993

 

6        That a Plan of Management be prepared for Lot 3 in DP 1028461 being for public recreation and community facilities.

 

 

 

 

 

 

 


ITEM 9.4      PRF16                021008      Proposed Subdivision of Part Lot 2 of the E J Biffin Playing Fields for sale to the Nambucca Valley Bridge Club

722/08 RESOLVED:         (Moran/Ballangarry)

 

1        That Council note the content of this report and the preliminary discussion held between Council staff and Mr Trevor Keast and Council staff and the Nambucca Valley Bridge Club.

 

2        That Council approve in principle the proposal to sell to the Nambucca Valley Bridge Club proposed Lot 200 being part of  Lot 2 in DP 1004209 being the hatched area on the attached plan.

 

3        That Council seek endorsement in principle from the E J Biffin Playing Fields Committee of Management for the sale of proposed Lot 200 being part of  Lot 2 in DP 1004209 to the Nambucca Valley Bridge Club.

 

4        That Council obtain an independent market valuation of proposed Lot 200 being part of Lot 2 in DP 1004209.

 

5        That Council commence negotiation with the Nambucca Valley Bridge Club on the terms of sale of proposed Lot 200 being part of Lot 2 in DP 1004209.

 

6        That Council obtain from the Property Officer a report on points 3, 4, 5 to enable Council to consider formal contractual arrangements pertaining to this proposal or otherwise.

 

 

 

 

 


ITEM 9.5      SF24                  021008      Proposed Cancer Resource Centre - Request for Funding Assistance

723/08 RESOLVED:         (Ainsworth/South)

 

1        That Council make provision in its budget for 2009/2010 for a donation of $10,000 towards the proposed Cancer Resource Centre to be constructed in the grounds of Macksville Hospital.

 

2        Council provide a donation equivalent to any fees and charges which will be imposed for a        development application and construction certificate as well as any charges for water and   sewer headworks (Section 64).

 

3        Council thank the Nambucca Valley Cancer Support Group Inc. for their work in providing          cancer support services in the community.

 

 

 

 


ITEM 9.6      SF265                021008      Review of Policy on Payment of Expenses and Provision of Facilities

724/08 RESOLVED:         (Flack/Smyth)

 

1        That Council give public notice for 28 days of its intention to amend its policy on Payment of Expenses and Provision of Facilities for Councillors by adding a claimable expense for Councillors being internet access up to a maximum of $40.00 per month; the provision of a computer for use by the Mayor and the provision of a computer for use by Councillors.

 

2        That following the public notice period, the draft amendment together with any submissions be referred back to Council for final consideration.

 

 

 

 

 


ITEM 9.7      SF1090              021008      Promoting Better Practice Review - Action Plan to Implement Report Recommendations

725/08 RESOLVED:         (Flack/Ballangarry)

 

1        That Council seek quotations from 3 contractors to conduct a risk assessment across all operational areas and that the General Manager be provided with delegated authority to engage a contractor provided it is within the budget allocation of $20,000.

 

2        Council seek quotations from 3 contractors to prepare a fraud and corruption prevention plan and undertake a fraud risk assessment and that the General Manager be provided with delegated authority engage a contractor provided it is within a budget allocation of $5,000.

 

3        The September quarterly budget review make provision for $5,000 for the fraud and corruption prevention plan and fraud risk assessment.

 

4        That the completed action plan with any amendments be endorsed and forwarded to the Director General of the Department of Local Government.

 

5        That a progress report on the implementation of the action plan be made to firstly Council and then the Department of Local Government within 6 months.

 

 

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

 

 

 

 


ITEM 9.8      SF1090              021008      Recommended Changes to Council Meetings

726/08 RESOLVED:         (Flack/Ballangarry)

 

1        That Council advertise an amendment to its Code of Meeting Practice for a minimum 42 days     to:

 

          1.1     Amend Clause 16 – Order of Business to provide for the addition of an

                   Acknowledgement of Country at the start of the meeting and to exclude requests for          service or work from Questions Without Notice.

 

          1.2     Amend Clause 69 – Questions without Notice to exclude requests for service or work.

 

2        That any customer service requests from Councillors be acknowledged with advice as to the      intended action and the anticipated date of the work.

 

3        That the General Manager submit a quarterly report to Council on the overall performance of Council in attending to customer requests.

 

 

 

 


ITEM 9.9      SF394                021008      Report on Investments to 31 August 2008

727/08 RESOLVED:         (Moran/Ainsworth)

 

That the Accountants’ Report on Investments placed to 31 August 2008 be noted.

 

 

 

 


ITEM 9.10    SF882                021008      2008 National Awards for Local Government - Category "Innovation in  Regional Development" - Commendation to Nambucca Shire Council

728/08 RESOLVED:         (Flack/Ballangarry)

 

That Council’s Manager Business Development, Mr Wayne Lowe, attend the 2008 National Awards for Local Government and receive Council’s Commendation Award for Innovation in Regional Development—Collaborating Industry and Local Government—in Canberra in November 2008.

 

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

 

 

 

 


ITEM 9.11    SF344                021008      Annual General Meeting - Warrell Creek Hall Committee of Management

729/08 RESOLVED:         (Ainsworth/Finlayson)

 

1        That Council endorse the Committee of Management for the Warrell Creek Hall for 2008/2009 and thank the outgoing Committee for their work in 2007/2008.

 

2        That the Community Services Directory and Committee of Management data source be updated to reflect the new Committee.

 

 

 

 


ITEM 9.12    SF1073              021008      Budget Review - 30 June 2008

730/08 RESOLVED:         (Ainsworth/Moran)

 

1        That the Budget Review results to 30 June, 2008 be adopted subject to a final report with the Annual Statements.

 

2        That the list of revotes be approved and included as subvotes for 2008/09.

 

3        That the Budget at the September Review be adjusted to reflect the temporary construction of a pump station to cater for development at the end of Lloyd Street, Macksville.

 

4        That the Capital Works and Major Programs Quarterly Program Review Report be received.

 

 

 


ITEM 9.13    SF708                021008      Grant Application Status Report - September 2008

731/08 RESOLVED:         (Flack/Ballangarry)

 

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

 

 

 

 


ITEM 9.14    SF600                021008      Eungai Preschool - Request for Formal Tenure Agreement

732/08 RESOLVED:         (Moran/Ainsworth)

 

That Council provide a three year licence for occupation to the Eungai Preschool for a nominal consideration.

 

 

 

 


ITEM 9.15    SF639                021008      Offer of Aboriginal Sports Trainee Position

733/08 RESOLVED:         (Flack/Ainsworth)

 

That Council accept the $30,000 funding offer from the Department of Sport and Recreation for the appointment of an Aboriginal Sports Trainee with the traineeship to be provided by the Australian Training Company.

 

 

 

 

 

 


General Manager Report - LATE

ITEM 9.16    SF3                    021008      Australian Council of Local Government (ACLG) - Inaugural Meeting - Canberra 18 November 2008 - Attendance of Mayor

734/08 RESOLVED:         (Flack/Moran)

 

That Council endorse the Mayor’s attendance at the inaugural meeting of the Australian Council of Local Government in Parliament House Canberra on Tuesday 18 November 2008 and to attend the 2008 National Awards for Local Government on the evening of Monday 17 November 2008.

 

 

 


 


ITEM 9.17    SF256                021008      Effective Meeting Skills Training Course - Ballina 18 November 2008 - Cr Anne Smyth

735/08 RESOLVED:         (Moran/Ballangarry)

 

That Council endorse Cr Smyth’s attendance at the Effective Meeting Skills training course in Ballina on Tuesday 18 November 2008.

 

 

 

 

 


ITEM 9.18    SF256                021008      Councillors Information Seminar - Hosted by Nambucca Shire Council on 21 November 2008 - Nambucca Entertainment Centre

736/08 RESOLVED:         (Flack/Moran)

 

1        That Council note the Department of Local Government’s Councillors Information Seminar which will be conducted on 21 November 2008 at the Nambucca Entertainment Centre.

 

2        That Councillors advise the General Manager’s Executive Assistant as soon as possible of their intention to attend this seminar in order to facilitate administrative arrangements. (All Councillors except for Councillors Ainsworth and Finlayson indicated that they will be attending).

 

 

 

 

 


Director Environment and Planning Report

ITEM 10.1    SF691                021008      Outstanding Development applications more than 12 months old and applications where submissions have been received and not determined to 19 September 2008

737/08 RESOLVED:         (Ainsworth/Moran)

 

1          That the list of outstanding development applications (at least 12 months old) and 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 determine if any of the applications where submissions have been received, are to be “called in” and presented to a future meeting of Council.

 

 

 

 

 

 

 


ITEM 10.2    SF1148              021008      Contract Regulatory Officer's Report August 2008

738/08 RESOLVED:         (Moran/Flack)

 

That the report from the Contract Regulatory Officer August 2008 be received and noted by Council.

 

 

 

 

 


ITEM 10.3    SF1075              021008      Report on Institute of Public Works Engineering Australia National Conference on Climate Change

739/08 RESOLVED:         (Flack/Ballangarry)

 

That the brief overview of the National Conference on Climate Change Solutions be noted.

 

 

 

 

 


ITEM 10.4    SF851                021008      Report on attendance at Local Government Planners Network Forum

740/08 RESOLVED:         (Finlayson/Ainsworth)

 

That Council note the report regarding the Local Government Planners Network Forum attended by the Manager Planning and Assessment.

 

 

 

 

 


ITEM 10.5    SF135                021008      State of The Environment Supplement Report for 2007/2008

741/08 Resolved:         (Flack/Smyth)

 

That consideration of the Draft State of the Environment Supplement Report be deferred to the next General Purpose Committee meeting.

 

 

742/08 Resolved:         (Ainsworth/Moran)

 

That Council proceed with exhibition of the Draft State of the Environment Supplement Report.

 

Note:  Cr Flack requested that her vote be recorded as against this resolution.

 

 

 

 

 



Councillors John Ainsworth and Brian Finlayson left the meeting for this item, at 7.10 pm and returned at 7.11 pm.

ITEM 10.6    SF529                021008      Draft Rural-Residential Land Release Strategy - Report on Response from Department of Planning

743/08 RESOLVED:         (Moran/Finlayson)

 

That Council note the response from the Department of Planning in relation to the Draft Rural-Residential Land Release Strategy.

 

 

 

 

 


ITEM 10.7    SF660                021008      Report on Mid North Coast Group of Councils - Strategic Alliance - Awards for Excellence in Design and Heritage Proposal

744/08 RESOLVED:         (Flack/Smyth)

 

That Council support and contribute to the Bi-annual Mid North Coast Awards for Excellence in Design and Heritage as proposed by the MIDGoC Strategic Alliance Planners Group commencing in the 2009/2010 budget year provided all Council’s within the MIDGoC Area contribute.

 

 

 

 

 


ITEM 10.8    SF533                021008      Planning Reforms - Disclosure of Political Donations and Gifts

745/08 RESOLVED:         (Moran/Flack)

 

That Council endorse the actions taken to ensure compliance with the Local Government and Planning Amendment (Political Donations) Act 2008.

 

 

 

 


ITEM 10.9    SF533                021008      Amendments to Fees and Charges - EP&A Act and Swimming Pools Act

746/08 RESOLVED:         (Flack/Smyth)

 

1          That Council note the report in regard to amendments to the Swimming Pools Regulations 2008 and the Environmental Planning and Assessment Act which took effect on 1 September 2008 respectively, outlined in Local Government Circular 08-51 and Planning Circular PS 08-008.

 

2          That Council amend its Fees and Charges to the maximum permissible under the Swimming Pools Regulation 2008 and Environmental Planning and Assessment Act for the cost of an Application for Exemption and a Compliance Certificate under the Swimming Pools Act being $70 each and for a Building Certificate under Section 149A Environmental Planning and Assessment Act for building works undertaken without prior approval, completed in the previous 24 months and the work was undertaken by or authorised by the person seeking the Building Certificate.

 

3          That the proposed amended Fees and Charges be advertised in accordance with the Local Government Act and a report be brought back to Council after the exhibition period for adoption.

 

 

 

 


Councillors John Ainsworth and Brian Finlayson left the meeting for this item, at 7.15 pm and returned at 7.19 pm.

ITEM 10.10   SF529                021008      Rural-Residential 40 Lot Quota - Ballot Criteria

747/08 RESOLVED:         (Moran/Hoban) (The Mayor used her casting vote).

 

1          That the following rules be adopted for the Ballot and allocation of the 40 rural-residential lots as provided for under the interim Rural-Residential Lot Release Quota approved by the Department of Planning:

 

1.1      The General Manager will place the equivalent and corresponding number of Numbered Balls in a wire barrel that can be rotated and turned.

 

Equivalent and corresponding number means that if an EOI is excluded due to it not conforming to the criteria established by Council (below), the corresponding numbered ball/s will be removed and not placed in the barrel.

 

i       The Land is contained within the “broken black line” area of NLEP 1995 and not coloured YELLOW on Map 23 of the draft Rural-Residential Land Release Strategy.

ii      Max number of Lots in any one subdivision from any one person over any holding or existing holding would be three (3) plus residual.

 

1.2      The General Manager will then close the barrel and rotate and turn the barrel at least 2 times.

 

1.3      The General Manager will then individually draw a numbered ball from the barrel by placing his hand into the barrel and withdrawing one ball at a time.

 

1.4      The corresponding numbered EOI will then be announced by the General Manager’s assistant who will also indicate the proposed number of lots to be excised as outlined in the EOI.

 

1.5      The process (rules 1.2-1.4 above) will then be repeated until all balls have been drawn through the ballot.

 

2          A cumulative tally shall be kept and at the point when the cumulative tally reaches 37, 38 or 39 lots, the subsequent draw or draws up to the maximum of 40 lots will determine who is afforded the opportunity to prepare an application under the quota. Should the Quota of 40 lots be exceeded with a subsequent draw or draws, Council will advise the successful person/s that whilst they have been drawn they will only be able to excise off the number of lots to equal the 40 lot quota.

 

3          In the event that an applicant of a successful ballot does not proceed or the number of lots are reduced from a proposal (for whatever reason or circumstance), the person whose proposal may have been reduced due to their EOI exceeding the 40 lots will be afforded the first opportunity to take up the available lot/s to the maximum requested through their EOI and/or to a max of 40 lots in total. All other available lots will then be awarded in accordance with the ballot with rule 2 applying.

 

4          The Order of Ballot will be printed and publicly displayed in the foyer of Council’s Administration Building, 44 Princess Street, Macksville.

 

5          All persons submitting an EOI will be informed in writing of the ballot order and the successful ballots will be advised of the following requirements for the preparation and lodgement of a completed Development Application:

 

a          The proposal meeting all requirements of Council’s Subdivision Codes, LEP and DCP’s.

 

b          Development Application lodged by close of business on Friday, 27 February 2009.

 

c          The subdivision should it be approved is to be completed and registered with the Lands Titles Office within 3 years of the issue of development consent.

 

d          That Council shall strictly adhere to its Incomplete Development Application Policy for successful balloted EOI’s.

 

6          That the Ballot be conducted in the foyer of Council’s Administration Building on 15 October 2008 commencing at 1.00 pm.

 

Note:  Cr Flack requested that her vote be recorded as against this resolution.

 

 

 

 

 


ITEM 10.11   SF995                021008      17th Annual Coastal Conference - Wollongong
4-7 November 2008

748/08 RESOLVED:         (Flack/Smyth)

 

That Cr Flack and (tentatively) Cr Court are to attend the 17th Annual NSW Coastal Conference in Wollongong from 4-7 November 2008.

 

 

 

 

 


Director Engineering Services Report

ITEM 11.1    SF1208              021008      Bridge Naming - Utungun Hall Committee

749/08 RESOLVED:         (Moran/Ainsworth)

 

That Council name Bridge No 600064 on Maras Creek Road as “Patrick Grants Bridge”.

 

 

 

 


ITEM 11.2    SF206                021008      Sturdee Street Sewer Reticulation - Kings Point, Macksville

750/08 RESOLVED:         (Flack/Moran)

 

That Council allocates $165,000 from Sewer Reserve in the current budget to reconstruct the sewerage reticulation in the southern section of Sturdee Street, Macksville.

 

 

 


ITEM 11.3    SF1031              021008      Policy - Smoke - Free Outdoor Areas

751/08 RESOLVED:         (Moran/Ainsworth)

 

That Council adopt the Policy on Smoke Free Outdoor Areas.

 

 

 

 

 


ITEM 11.4    SF992                021008      Report on Nambucca Emergency Operations Centre Committee Minutes - 29 August 2008

752/08 RESOLVED:         (Ainsworth/Finlayson)

 

That Council adopt the minutes of the Nambucca Emergency Operations Centre Committee meeting held on 29 August 2008.

 

 

 

 


ITEM 11.5    SF90                  021008      Nambucca Shire Traffic Committee - 4 September 2008

753/08 RESOLVED:         (Ainsworth/Ballangarry)

 

1        That the Nambucca Shire Local Traffic Committee recommends that the speed limits on Scotts Head Road remain.

 

2        The Nambucca Shire Local Traffic Committee recommends that the applicant Geoff Smyth Consulting submit a detailed traffic study detailing how the proposed new intersection of Harrimans Lane and Upper Warrell Creek Road is capable of satisfying full development potential of the facility.

 

3        That the Nambucca Shire Local Traffic Committee make submissions to the Roads and Traffic Authority and Country Energy to consider designating the following routes 4.6 metre height allowable:

 

          Macksville:

          Winifred Street – Pacific Highway to Princess Street

         Princess Street – Winifred Street to Boundary Street

          Boundary Street – Princess Street to Pacific Highway

          Upper Warrell Creek Road – Pacific Highway to Yarrawonga Street

          Yarrawonga Street – all

          River Street – Pacific Highway to Council Depot

 

          Nambucca Heads:

          Old Coast Road – Pacific Highway to Pioneer Street

          Pioneer Street – all.

 

4        That the Nambucca Shire Traffic Committee recommends that Council contact the Ministry of Transport recommending Busways utilise the purpose built bus shelter on Burkes Lane, Valla.

 

5        That the Nambucca Shire Local Traffic Committee recommends that Council upgrade line marking and regulatory signage in the vicinity of the roundabout on Marshall Way.

 

6        That the Nambucca Shire Local Traffic Committee recommends the speed limit of Wilson Road and its approaches to the junction with Spaldings Road remain.

 

7        That the Nambucca Shire Local Traffic Committee support the following Road closures subject to advertising in accordance with the Roads Act 1993:

 

·   Ford GT Show ‘n’ Shine – Saturday 1 November 2008 between 7.30 am – 1.30 pm

 

              Bowra Street, Nambucca Heads – Ridge to Rosedale Streets

Mann Streets, Nambucca Heads – Rosedale to West Streets

 

·   St Patrick’s School Fete – Friday 14 November 2008 between 12 Noon – 7.00 pm

 

·   Wallace Street, Macksville, Durkin Street – Boundary Street.

 

8        That the Nambucca Shire Local Traffic Committee recommend that the Roads and Traffic Authority carry out further investigations prior to Council setting traffic related conditions of consent for the Seafood outlet.

 

9        That the Nambucca Shire Local Traffic Committee recommend:

 

·        That the parking and loading zones on the Western side of Wallace Lane remain the same with one change being the relocation of the loading zone sign to the northern side of the two driveways.

 

·        That information be sought from the supermarket owner on truck movements to allow further consideration of a second loading zone on the north-east side of Wallace Lane.

 

10     That the applicant demonstrate, to Austroads standards, that there is sufficient sight distance to all vehicles entering/exiting the site for approaching traffic at 37 Yarrawonga Street, Macksville.

 

 

 

 

 


ITEM 11.6    SF247                021008      Nambucca Heads Sewerage Scheme Upgrade - Project Management of Tender and Construction Phase

754/08 RESOLVED:         (Ainsworth/Moran)

 

That Council accept the Commerce proposal to provide Project Management services for the tender and construction phase of the Nambucca Heads Sewerage Augmentation Project at the upper limit fee of $420,717 including the disbursement but exclusive of GST.

 

 

 

 


     

 

ASKING OF QUESTIONS WITHOUT NOTICE

 

QWN204/08 - Cr. Paula Flack - Final Structure Plan (Ref SF1197)

Cr Flack enquired of the Director Environment and Planning as to when Councillors will be provided with a copy of the final Structure Plan.

 

 

 

 

 


QWN205/08 - Cr. Paula Flack - Boardwalk - Riverside Drive, Nambucca Heads (Ref SF1197)

Cr Flack requested the Director Engineering Services to have the High Voltage sign moved as it is currently obscure from vision.

 

 

 

 

 


QWN206/08 - Cr. Paula Flack - Development Application Statistics (Ref SF1197)

In response to a question from Cr Flack regarding the retention of the development application statistics in the business paper, the General Manager advised that a report would be required in order for Council to make a resolution in that matter.

 

 

 

 

 


QWN207/08 - Cr. Michael Moran - Section 94 Contribution Planner (Ref SF1197)

In response to a question from Cr Moran as to when Council would see Mr Potts again, the General Manager advised that he would follow this matter up.

 

 

 

 

 


QWN208/08 - Cr. Michael Moran - Drinking Water from Water Tank  (Ref SF1197)

To concerns raised by Cr Moran in regard to the quality of water as drinking water from rain tanks the Director Environment and Planning stated that the Department recommends that this water should be boiled before consuming as a safety measure.

 

 

 

 

 


QWN209/08 - Cr. Elaine South - Local Emergency Management Plan (LEMP) (Ref SF1197)

In response to a question from Cr South in regard to the acronym LEMP, the Director Environment and Planning advised that it stood for Local Emergency Management Plan.

 

 

 

 

Note:  Meeting adjourned for a meal break at 7.37pm and returned at 8.07 pm.

 


 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

755/08 RESOLVED:         (Ainsworth/Ballangarry)

 

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 below.

 

Reason reports are in Closed Meeting:

 

 

 

 

Director Environment and Planning Report

 

For Confidential Business Paper in Closed Meeting

ITEM 12.1    21344/2008         021008      Update Report on Investigations into Alleged Unauthorised Land Use for Waste Business and Disposal

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) (e) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, prejudice the maintenance of law.

 

 

 

 


For Confidential Business Paper in Closed Meeting

ITEM 12.2    23177/2008         021008      Termination of Waterslide Lease to M & G Cummings as at 30 June 2009

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 IN CLOSED MEETING commenced at 8.07 pm.

 

 

 

 

 

 


RESUME IN OPEN MEETING

756/08 RESOLVED:         (Flack/Ainsworth)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at  8.17 pm

 

 

 

FROM COUNCIL IN CLOSED MEETING

 

Director Environment and Planning Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    21344/2008         021008      Update Report on Investigations into Alleged Unauthorised Land Use for Waste Business and Disposal

757/08 RESOLVED:         (Moran/Ainsworth)

 

1          The information on the investigations into alleged unauthorised landuse be noted.

 

2          Staff cease any further investigation actions in relation to the complaint about a waste business and possible waste being disposed of to land at the Grey Gum Road property unless further evidence is provided to Council that would warrant investigations being commenced in the future.

 

 

 

 


Councillor Brian Finlayson left the meeting for this item at 8.12 pm.

For Confidential Business Paper in Closed Meeting

ITEM 12.2    23177/2008         021008      Termination of Waterslide Lease to M & G Cummings as at 30 June 2009

758/08 RESOLVED:         (Flack/Ballangarry)

 

1        That Council negotiate a payout figure with Mr & Mrs Cummings to terminate the Waterslide lease on 30 June 2008 instead of the end of the swimming season in 2011.

 

2        That Council make and offer Mr and Mrs Cummings having consideration for the present value of the amount claimed by Mr Cummings to terminate the lease agreement on 30 June 2009.  This amount to be payable on or around 30 June 2009

 

3        That Council authorise the General Manager and Mayor to conclude negotiations with Mr and Mrs Cummings regarding the waterslide lease and payout and to sign all necessary documents to give effect to terminating the lease.

 

 

 


 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 8.57 pm. 

 

Confirmed and signed by the Mayor on 16 October 2008.

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)