NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 06 November 2008

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth (Deputy Mayor)

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Mike Moran OAM

Cr Elaine South

Cr Anne Smyth

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Lorraine Hemsworth (Minute Secretary)

Bruce Redman (Director Engineering Services)

 

 

 

LEAVE OF ABSENCE

 

Crs Paula Flack and Janet Court have requested leave of absence in accordance with Section 234(d) of the Local Government Act 1993, from 4 to 7 November 2008, inclusive and Greg Meyers Director Environmental and Planning.

 

 

PRAYER

 

Pastor Colin Dunn of the Seventh Day Adventist Church offered a prayer on behalf of the Nambucca Minister's Association.

 

 

Ordinary Council Meeting

 

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary MEETING OF Council 16 October 2008

794/08 RESOLVED:         (Moran/Ainsworth)

 

That the minutes of the Ordinary Meeting o fCouncil of 16 October 2008 be confirmed.

 

 

 

 

 

 


NOTICE OF MOTION – CR Ballangarry OAM

ITEM 5.1      SF352                061108      Notice of Motion - 21st Annual Aboriginal Local Government Network - 25-27 November 2007 - Armidale

795/08 RESOLVED:         (Ballangarry/Smyth)

 

That Cr Martin Ballangarry OAM be granted leave and approval to attend the 21st Annual Aboriginal Local Government Network in Armidale from 25 to 27 November 2008 inclusive and approval be provided to Cr Ballangarry to attend.

 

 

 

 

 

 

 


NOTICE OF MOTION – CR Moran OAM

ITEM 5.2      SF793                061108      Notice of Motion - Grease Arrestors

796/08 Resolved:         (Moran/Ainsworth)

 

That a report be prepared by staff on grease arrestors. 

How many businesses have been advised to install grease arrestors?

How many have be completed?

How many have been advised what brand to use?

How many used halgan which were faulty?

How many faulty ones had to be replaced?

How many suffering hardship?  It takes a lot of cups of coffee or hamburgers to sell.

Can someone explain (to me) that if you do not use 300 litres of water you do not have to spend funds on arrestor?

Have business people, landlords, been advised of 300 litre requirement?

 

 

 

 


NOTICE OF MOTION – CR Flack

ITEM 5.3      SF793                061108      Notice of Motion - NSW Nature Conservation Councils Conference - 12-13 November 2008 - Cr Flack and Cr Smyth

797/08 RESOLVED:         (Smyth/Ballangarry)

 

1        That Council approve costs of $280 for Cr Flack and $416 for Cr Smyth to attend the NSW Nature Conservation Council’s Conference ‘Saving a Sunburnt Country – The Challenges of Species Adaptation in a Heating Land’.

 

2       That Council grant leave of absence for Councillors Flack and Smyth from 11 to 14 November 2008 inclusive to attend the NSW Nature Conservation Council’s Conference.

 

 


  

DELEGATIONS

798/08 Resolved:         (Ainsworth/Moran)

 

That the following delegations be heard:

 

A)      ITEM 9.10    DA2007/224           061108         Outcome of Planning Appeal - 18A Matthew Street - Executive Products -v- Nambucca Shire Council and Others - Preparation of a Draft Local Environmental Plan to Limit Building Height to 5m.

          (i)       Dr Robert Barron - Concerned Resident

          (ii)      Mrs Angela Evans – Chair Community Group Scotts Head

 

B)      ITEM 9.14    SF380          061108         Rental of Bowraville Theatre

          (i)       Mr Jim Boswell on behalf of President Bowraville Arts         Council

 

 

DELEGATIONS continued..

 

A)      i)        Dr Robert Barron spoke to a special paper which has been placed on file.

          ii)       Mrs Angela Evans spoke to a special paper which has been placed on file.

 

 

ITEM 9.10    DA2007/224        061108      Outcome of Planning Appeal - 18A Matthew Street - Executive Products -v- Nambucca Shire Council and Others - Preparation of a Draft Local Environmental Plan to Limit Building Height to 5m.

Motion:      (Smyth/South)

 

1        That pursuant to Section 54(1) of the Environmental Planning and Assessment Act 1979, Council resolves to prepare a draft Amendment to amend the Nambucca Local Environmental Plan 1995 by restricting building height to 5m above natural ground level on the land shown on the attached map.

 

2        That Council inform the Director-General of the Department of Planning of its decision to prepare the draft LEP amendment and in Council’s opinion a Local Environmental Study is not required.

 

3               That Council request the Department of Planning to issue a “Written Authorisation to Exercise Delegation” to enable Council to exercise the Director-General’s functions under Section 65 and 69 of the Environmental Planning and Assessment Act 1979.

 

 

Amendment:       (Ainsworth/Moran)

 

That the matter be deferred for a detailed explanation of the definition of height above natural ground including diagrams.

 

The Amendment was lost and the motion was:

 

799/08 Resolved:         (Smyth/South)

 

1        That pursuant to Section 54(1) of the Environmental Planning and Assessment Act 1979, Council resolves to prepare a draft Amendment to amend the Nambucca Local Environmental Plan 1995 by restricting building height to 5m above natural ground level on the land shown on the attached map.

 

2        That Council inform the Director-General of the Department of Planning of its decision to prepare the draft LEP amendment and in Council’s opinion a Local Environmental Study is not required.

 

3        That Council request the Department of Planning to issue a “Written Authorisation to Exercise Delegation” to enable Council to exercise the Director-General’s functions under Section 65 and 69 of the Environmental Planning and Assessment Act 1979.

 

Note:  Crs Ainsworth and Moran requested that their votes be recorded as against this decision as there is insufficient information in relation to how the height is measured.

 

 

 

 



DELEGATIONS continued..

 

B)      i)        Mr Jim Boswell spoke to a special paper which has been placed on file.

 

ITEM 9.14    SF380                061108      Rental of Bowraville Theatre

800/08 RESOLVED:         (Smyth/Ainsworth)

 

1        That the information provided by Bowraville Arts Council Inc. in relation to their forward estimates for the operation of the Bowraville Theatre be received.

 

2        That Council retain the status quo whereby the monthly rental income from the Chemist shop is applied to the loan balance.

 

3        That Council approve the sub-letting of the Theatre Café by the Bowraville Arts Council Inc. and that the Bowraville Arts Council Inc. be allowed to retain all income from the sub-lease.

 

4        That the situation be reviewed in another twelve months time to see where

          a)       The Theatre is going

          b)       The Council is going.

 

 

 

 


General Manager Report

ITEM 9.1      SF959                061108      Outstanding Actions and Reports

801/08 RESOLVED:         (Ainsworth/Moran)

 

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

 

 

 

 


ITEM 9.2      SF708                061108      Grant Application Status Report - October 2008

802/08 RESOLVED:         (Moran/Smyth)

 

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

 

 

 

 

 


ITEM 9.3      SF111                                061108     Decorporatisation of Local Government

803/08 RESOLVED:         (Moran/Ainsworth)

 

That Council note the introduction of the Local Government Amendment (Legal Status) Bill 2008.

 

 

 

 


ITEM 9.4      SF306                061108      Annual General Meeting - Burrapine Public Hall

804/08 RESOLVED:         (Ainsworth/Ballangarry)

 

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

 

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

 

 

 

 

 


ITEM 9.5      SF42                  061108      Annual Reporting, Social/Community Planning & State of the Environment Reporting Requirements of Local Councils

805/08 RESOLVED:         (Ainsworth/South)

 

That Council note the proposed legislative changes to annual reporting, social/community planning and State of the Environment Reporting requirements of local councils.

 

 

 

 

 


ITEM 9.6      SF976                061108      Funding Agreement Between the Department of State and Regional Development, Australian Precast Solutions Pty Ltd and Nambucca Shire Council for Upper Warrell Creek Road Railway Overbridge.

806/08 RESOLVED:         (Moran/Ballangarry)

 

That Council enter into a Deed of Agreement with the Department of State and Regional Development and Australian Precast Solutions Pty Ltd for the provision of funding for the Upper Warrell Creek Road railway overbridge and that Council’s seal be attached to the agreement.

 

 

807/08 Resolved:         (Hoban/Ainsworth)

 

That Council indemnify Australian Precast Solutions Pty Ltd against any repayment of the Department of State and Regional Development funding.

 

 

 

 

 


 


ITEM 9.7      RF386                061108      Rights of Carriageway off Rhones Creek Road

Motion:      (Moran/Ainsworth)

 

That Council execute an extinguishment of easement to cancel it’s right of carriageway off Rhones Creek Road and that the common seal of Council be affixed to the document and signed if necessary.

 

 

Amendment:       (Ainsworth/Finlayson)

 

1        That Council execute an extinguishment of easement to cancel its right of carriageway off Rhones Creek Road and that the common seal of Council be affixed to the document and signed if necessary.

 

2               That Council make provision in its budget for 2009/2010 for a contribution towards the repair/maintenance of the right of way being limited to a one fifth share to be payable on the presentation of an invoice/invoices for work undertaken in relation to pavement only.

 

3               That Council offer in respect of 1 above be limited to invoices received between 1 July 2009 and 30 June 2010.

 

4               That Council have no involvement in the design of the bridge or road.

 

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

 

 

808/08 Resolved:         (Ainsworth/Finlayson)

 

1        That Council execute an extinguishment of easement to cancel its right of carriageway off Rhones Creek Road and that the common seal of Council be affixed to the document and signed if necessary.

 

2        That Council make provision in its budget for 2009/2010 for a contribution towards the repair/maintenance of the right of way being limited to a one fifth share of work on the road and not the bridge to be payable on the presentation of an invoice/invoices.

 

3       That Council’s offer in respect of 2 above be limited to invoices received between 1 July 2009 and 30 June 2010.

 

4        That Council have no involvement in design of the bridge or road.

 

 

 


 


ITEM 9.8      SF695                061108      Licence for Occupation of Bowraville Race Course

Motion:      (Moran/Ballangarry)

 

1        That Council grant a Licence to the Nambucca River Jockey Club for the occupation of Lots 3 and 4 in DP 593774 at a base rental of $396.00 per annum and on like terms to the Licence Agreement between the Bowraville Racecourse Trust and the Nambucca River Jockey Club Inc. until 2013.

 

2        That Council advertise for public submissions details of the proposed Licence for Occupation of Lots 3 & 4 in DP 593774 to the Nambucca River Jockey Club.

 

3        That Council authorise the General Manager or Mayor to finalise negotiation to the Licence Agreement and execute all necessary documents, under seal where required, to give effect to the Agreement.

 

 

Amendment:       (Ainsworth/Finlayson)

 

1        That Council grant a Licence to the Nambucca River Jockey Club for the occupation of Lots 3 and 4 in DP 593774 at a base rental of $396.00 per annum and on like terms to the Licence Agreement between the Bowraville Racecourse Trust and the Nambucca River Jockey Club Inc. until 2013.

 

2        That Council advertise for public submissions details of the proposed Licence for Occupation of Lots 3 & 4 in DP 593774 to the Nambucca River Jockey Club.

 

3        That Council authorise the General Manager or Mayor to finalise negotiation to the Licence Agreement and execute all necessary documents, under seal where required, to give effect to the Agreement.

 

4        Licence to end in 2013 along with other Licences.

 

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

 

 

809/08 Resolved:         (Ainsworth/Finlayson)

 

1        That Council grant a Licence to the Nambucca River Jockey Club for the occupation of Lots 3 and 4 in DP 593774 at a base rental of $396.00 per annum and on like terms to the Licence Agreement between the Bowraville Racecourse Trust and the Nambucca River Jockey Club Inc. until 2013.

 

2        That Council advertise for public submissions details of the proposed Licence for Occupation of Lots 3 & 4 in DP 593774 to the Nambucca River Jockey Club.

 

3        That Council authorise the General Manager or Mayor to finalise negotiation to the Licence Agreement and execute all necessary documents, under seal where required, to give effect to the Agreement.

 

4        Licence to end in 2013 along with other Licences.

 

 

 


 


ITEM 9.9      SF382                061108      Scotts Head Caravan Park and Reserve - Report on Progress of MasterPlan

810/08 RESOLVED:         (Ainsworth/Smyth)

 

That the information concerning the progress of the draft Masterplan and Business Development Strategy for the Scotts Head Caravan Park and Reserve be received.

 

 

Item 9.10 was dealt with under Delegations above.

 

 

 


ITEM 9.11    SF962                061108      NSW North Coast Weed Advisory Committee - Nomination of an Elected Member

811/08 RESOLVED:         (Moran/Finlayson)

 

That one Councillor be appointed to the NSW North Coast Weed Advisory Committee with that Councillor being Cr John Ainsworth.

 

 

 

 


ITEM 9.12    SF343                061108      Annual General Meeting - Valla Public Hall

812/08 RESOLVED:         (Ainsworth/South)

 

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

 

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

 

 

 

 


ITEM 9.13    SF335                061108      Annual General Meeting - Talarm Hall

813/08 RESOLVED:         (Moran/Ainsworth)

 

1        That Council endorse the Committee of Management for the Talarm Hall and thank the outgoing Committee for their work in 2007/2008,

 

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

 

 

 


Item 9.14 was dealt with under Delegations above.

 

 


Director Environment and Planning Report

ITEM 10.1    SF283                061108      Report on Access Committee Meeting Minutes held 26 August 2008

814/08 RESOLVED:         (Ainsworth/South)

 

1          That Council note but not support, the recommendation in regard to one way traffic in Adam Lane, Bowraville.

 

2          That Council consider funding for fixing the footpath area at the front of Nambucca Valley Phoenix Ltd High Street and the resealing of Adam Lane Bowraville, in the 2009-10 budget.

 

3          That Council note that Mr Shales has agreed to undertake the role of Secretary to the Access Committee following the resignation of Ms Michelle Donges.

 

4          That the remaining minutes of the Access Committee meeting held on 26 August 2008 be noted.

 

 

 

 


ITEM 10.2    SF691                061108      Outstanding Development applications more than 12 months old and applications where submissions have been received and not determined to 24 October 2008

815/08 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.

 

 

 

 


 

Director Engineering Services Report

ITEM 11.1    SF85                  061108      Lower North Coast Zone Liaison Committee - Rural Fire Service (RFS)

816/08 RESOLVED:         (Ainsworth/Ballangarry)

 

That Council note for information the Minutes of the Lower North Coast Zone Liaison Committee held on the 16 October 2008.

 

 

 


 


ITEM 11.2    SF616        061108              Country Energy Street Light Annual Report ending 30 June 2008

817/08 RESOLVED:         (Moran/South)

 

That Council note the Country Energy Annual Street Light reporting for the period ending 30 June 2008.

 

 

 

 

 


ITEM 11.3    SF429        061108              Regional Road Timber Bridge Partnership Program

Motion:      (Ainsworth/Moran)

 

That Council not make application for any further funding under the Regional Road Timber Bridge Partnership Program.

 

 

Amendment:       (Moran/Finlayson)

 

That Council apply for funding for Buttsworth No 1 and No 2 and Lanes bridges.

 

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

 

818/08 Resolved:         (Moran/Finlayson)

 

That Council apply for funding for Buttsworth No 1 and No 2 and Lanes bridges.

 

 

819/08 Resolved:         (Hoban/Ainsworth)

 

That Council review its current bridge progam.

 

 

 

 

 


ITEM 11.4    SF722                061108      Crown Land - Storm Damage

820/08 RESOLVED:         (Moran/Ainsworth)

 

1        That the Department of Lands be advised that Council withdraws as the Corporate Manager of Crown Reserve 82510.

 

2        That the Department of Lands be advised that Council does not accept the control of Crown Reserve 88483.

 

 

 


 

 


ITEM 11.5    SF722                061108      Storm Damage - 3 June 2008

821/08 RESOLVED:         (Ainsworth/Ballangarry)

 

1        That Council note that NSW Treasury has not declared a Natural Disaster Declaration for the storm event on 3 June 2008.

 

2        That Council note that NSW Treasury has been advised that Council is preparing a further submission and will be seeking a meeting with the Treasurer or his representative.

 

 

 

 

 


ITEM 11.6    SF247                061108      Nambucca Heads Sewerage Scheme Upgrade - Expressions of Interest for Tenders

822/08 RESOLVED:         (Ainsworth/Moran)

 

1        That the following four (4) tenderers be pre-qualified to enter into the Early Contractor Involvement stage of the project and thus become prospective tenderers for the Nambucca Sewerage Augmentation project:

 

·         Monadelphous Engineering P/L

·         Reed Constructions P/L

·         Abergeldie Constructions P/L

·         Haslin Constructions P/L

 

2       That Fulton Hogan is nominated as first reserve to be automatically qualified for the ECI process should one of the above contractors make themselves unavailable.

 

3       That Council approve a payment of $10,000 to each of the four (4) nominated contractors to partially offset their costs for participating in the ECI workshop and process with the $10,000 to be paid subject completion of participation and presentation of a Tax Invoice.

 

 

 

 


    

 


General Manager Report

ITEM 12.1    SF544           311008           Section 94 Developer Contributions - Community Facilities and Open Space Contribution Plan 2008 (Item 8.1 in the Special General Purpose Meeting)

823/08 RESOLVED:         (Smyth/Ballangarry)

 

1        That Council adopt the Draft Nambucca Shire Community Facilities and Open Space Contribution Plan 2008 with the addition of maps showing the specific public amenities and services within the plan and that the postcode for Eungai (2441) be added to report and that Section 2.12 simply refer to Council’s current deferment policy.  Further, that the dot point “sewerage connection” be added to the list under the heading of Local Parks in Section 5.1.

 

2        That Council’s decision be publicly notified in the Nambucca Guardian at the earliest opportunity.

 

3        That the Contribution Plan commence from the date Council’s decision is publicly notified in the Guardian.

 

4        That Council receive a report on options as to how it may make provision for matching General Fund Contributions where required in the work schedule.  This is to include the possibility of establishing a reserve for Section 94 works.

 

5        That Council review its Policy on Deferment of Section 94 Payments.

 

6        That Council retain the word ‘may’ in regard to paragraph 2.6 in the agreement.

 

7        That the Community Infrastructure and Infrastructure Needs Study (page 7) be reviewed biannually and the Section 94 Community Facilities and Open Space Contributions Plan Works Schedule be reviewed annually.

 

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

 

ASKING OF QUESTIONS WITHOUT NOTICE

 

 

VEHICULAR Beach Access Committee Meeting

 

That Cr John Ainsworth tendered his Apology for the Vehicular  Beach Access Committee Meeting scheduled for Friday 14 November 2008.

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.10 pm.

 

Confirmed and signed by the Mayor on 20 November 2008.

 

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)