NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 20 November 2008

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Janet Court

Cr Brian Finlayson

Cr Paula Flack

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)

 

Noel Chapman (Acting Director Engineering Services)

 

 

 

Acknowledgement of Country        (Mayor)

 

I would like to Acknowledge the Gumbaynggirr people who are the Traditional Custodians of this Land.  I would also like to pay respect to the elders both past and present and extend that respect to any Aboriginals present.

 

 

Youth Exchange Performance (Mayoral Welcome)

 

Cultural Dance and Musical Performance by the Australia Indonesia Youth Exchange Program through Rotary and the Department of Foreign Affairs.

 

 

 

PRAYER

 

Pastor Dunn offered a prayer on behalf of the Nambucca Minister's Association.

 

 

Ordinary Council Meeting

 

SUBJECT:   DISCLOSURE OF INTEREST

 

Councillor Smyth declared a non-pecuniary insignificant conflict of interest in Item 8.1 Outstanding Actions under the Local Government Act as she is a volunteer member of NVCA who made a submission in relation to this matter.

 

Councillor Flack declared a non-pecuniary insignificant conflict of interest in Item 8.1 Outstanding Actions under the Local Government Act as the NVCA made a submission to the development application and Cr flack is President of the NVCA in a voluntary position.

 

Councillor Ainsworth declared a pecuniary interest in Item 9.2  Report on Minutes of Nambucca Shire Council Reference Group under the Local Government Act as he is a landowner in release area and Cr Ainsworth left the meeting for this item

 

Councillor Smyth declared a non-pecuniary insignificant conflict of interest in Item 9.8 Report on Modification of DA 2006/143—13 Lot Residential as she is a volunteer member of NVCA who made a submission in relation to this matter.

 

Councillor Smyth declared a non-pecuniary significant conflict of interest in Item 10.2 Stormwater Management Service Charge under the Local Government Act as her brother owns property affected by the Storm Water Management Service Charge.


Councillor Hoban declared a non-pecuniary significant conflict of interest in Closed Item 11.2 Transfer of Existing Contracts from Roktam to Quarry Solutions Pty Ltd under the Local Government Act for the reason that pubic perception—as she previously assisted Roktam in a Land and Environment Court case over a development application for the quarry.  Cr Hoban left the meeting for this item.

 

Councillor Finlayson declared a non-pecuniary significant conflict of interest in Closed Item 11.4 Upper Warrell Creek Road Overbridge under the Local Government Act for the reason that pubic perception—as he has previously acted for and advised complainants in relation to issues before Council.  Cr Finlayson left the meeting for this item.

 

 

From General Purpose Committee Meeting—19 November 2008:

 

The General Manager, Michael Coulter, declared a non-pecuniary insignificant conflict of interest in Item 8.1 Scotts Head Caravan Park & Reserve—Briefing on Draft Masterplan—under the Local Government Act as he is an active (patrolling) member of the Macksville-Scotts Head SLSC which leases land within the Scotts Head Reserve.

 

Councillor Smyth declared a non-pecuniary insignificant conflict of interest in Item 9.3 State of the Environment Report – Consideration of Submission under the Local Government Act as she is a voluntary member of the Nambucca Valley Conservation Association which has made a submission.

 

Councillor Flack declared a non-pecuniary insignificant conflict of interest in Item 9.3 State of the Environment Report – Consideration of Submission under the Local Government Act as she is President of the Nambucca Valley Conservation Association in a voluntary capacity.  The Association has made a submission.

 

 

 

 


 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 6 November 2008

824/08 RESOLVED:         (Moran/Ballangarry)

 

That the minutes of the Ordinary Council Meeting of 6 November 2008 be confirmed.

 

 

 

 

 

DELEGATIONS

825/08 Resolved:         (Flack/Ainsworth)

 

That the following delegations be heard:

 

A       9.7          Report on DA 2008/269 - Change of Use to Residential and Deck, Garage and Internal                   Alterations - 48 High Street, Bowraville

          i)        Earl Grace—objector

          ii)       Deb Neal—owner

 

DELEGATION FROM CLOSED MEETING

B       11.1   Tender  - T043/2008 Construction of Skate Park at Coronation Park,

                   Nambucca Heads

          i)        Neryl Stuart—objector

          ii)       Jim Teasel—objector

          iii)      Richard Ellis or Chris Hewgill available to answer questions.

 

 

DELEGATIONS  continued

A       9.7          Report on DA 2008/269 - Change of Use to Residential and Deck, Garage and Internal                   Alterations

 

Mr Grace addressed Council making the following points:

·                            Butcher shop in Bowraville

·                            Believes adjoining premises should remain a business premises

·                            Invites Council to inspect before making a decision

·                            Deliveries conducted 24/7

·                            Coolroom runs 24 hours

 

Ms Neal addressed Council making the following points:

·                            No development apart from maintenance will be undertaken

·                            Hall is heritage listed—does not intend to subdivide the Hall

·                            Flat at back of hall needs minor repairs—rest of structure is sound

·                            Fence—needs replacing, would like to extend fence up to brick wall of Butcher shop, will build 3 car garage

·                            Hot water system will still be accessible by Butcher shop

·                            Intends to build on top of the building

·                            Will add value to property and deter crime

·                            Delivery trucks parking too close and leaning in to the verandah—problem now resolved

 

ITEM 9.7      DA2008/269        201108      Report on DA 2008/269 - Change of Use to Residential and Deck, Garage and Internal Alterations - 48 High Street, Bowraville

826/08 Resolved:         (Moran/Flack)

 

That Council defer this item until it has inspected the property at the General Purpose Committee meeting on 17 December 2008 and that Council is provided with a copy of previous complaints and submissions.

 

 

 

B)      11.1   Tender  - T043/2008 Construction of Skate Park at Coronation Park,

                   Nambucca Heads

 

Ms Neryl Stuart addressed Council from prepared notes which have been placed on file.

 

Mr Jim Teasel addressed Council making the following points:

 

·                     No advice received from Council regarding works committee on site meeting

·                     All streets and carpark are full when soccer matches are played

·                     Relocation of cricket nets is dangerous and may cause injury to players

·                     People walking along road will also be at risk from cricket and soccer balls—will insurance cover any of these situations

·                     People urinate through fence as toilets at sporting club are locked.  This can be seen from residents and is not acceptable.

 

 

 

 

 


ASKING OF QUESTIONS WITH NOTICE

 

There were no questions with notice.

 

 

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

There were no questions for Closed Meeting where due notice has been received.

 

 

 

 

General Manager Report

ITEM 8.1      SF959                201108      Outstanding Actions and Reports November 2008

827/08 Resolved:         (Flack/Ballangarry)

 

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

 

MOTION:      (Flack/Ballangarry)

 

That the Draft Plan of Management Review for Donnelly Welsh Playing Fields look at native vegetation planting of low areas and also replacing trees which have been removed and that the Review be presented to Council as soon as possible.

 

Amendment:       (Ainsworth/South)

 

That Council inspect the site at a future General Purpose Committee meeting.

 

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

 

828/08 Resolved:         (Ainsworth/South)

 

That Council inspect the Donnelly Welsh Playing Fields at a General Purpose Committee meeting as soon as possible.

 

 

 


ITEM 8.2      SF708                201108      Grant Application Status Report - November 2008

829/08 Resolved:         (Ainsworth/Moran)

 

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

 

 

 

 


ITEM 8.3      SF1124              201108      2008 Local Government Elections - Budget Estimate and Approval to Pay off over 2 Years

830/08 Resolved:         (Moran/Flack)

 

That the information concerning the payment of the 13 September 2008 local government elections over two financial years be received.

 

 

 

 


ITEM 8.4      SF844                201108      Council's Request to Meet with Minister for Water concerning the Subsidy for the Bowraville Off Stream Water Storage Declined

831/08 Resolved:         (Moran/Ainsworth)

 

That Council invite the Hon. Phillip Costa MP, Minister for Water, Minister for Rural Affairs and Minister for Regional Development to inspect the Bowraville off stream water storage project.

 

Motion:      (Moran/Flack)

 

That the dam project is put on hold beyond any funds that have already been committed.

 

Amendment:       (Ainsworth/Moran)

 

That subject to the response from Phillip Costa, the dam project is put on hold beyond any funds that have already been committed.

 

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

 

832/08 Resolved:         (Ainsworth/Moran)

 

That subject to the response from Phillip Costa, the dam project is put on hold beyond any funds that have already been committed.

 

 

 

 


ITEM 8.5      SF639                201108      Skill Levels Outdoor Workforce

833/08 Resolved:         (Moran/Court)

 

That Council note the majority of works staff now hold truck licences and/or certificates of competency to operate plant.

 

 

 

 


ITEM 8.6      SF1106              201108      Workplace Equity and Diversity Strategy

834/08 RESOLVED:         (Flack/Moran)

 

The Council adopt the amended draft Workplace Equity and Diversity Strategy noting that it includes a provision to appoint an Aboriginal School-based Trainee to commence in 2009.

 

 

 

 


ITEM 8.7      SF271                201108      Council Chambers - Councillor Seating Arrangements

this report was withdrawn

 

 

 

 


ITEM 8.8      SF24                  201108      Frank Partridge VC Military Museum - Request to Waive Application Fees and install a 100mm Water Service for Fire Protection.

835/08 Resolved:         (Moran/South)

 

1                     That Council “waive” all application fees for the proposed rear building extensions to the Frank Partridge VC Military Museum.

 

836/08 Resolved:         (Moran/South)

 

2        That Council consider provision in its budget for 2009/2010 for the cost of providing the Museum with a 100mm water service for fire protection purposes.

 

 

 

 


ITEM 8.9      SF578                201108      NSW Mini-Budget 2008-2009

837/08 RESOLVED:         (Ainsworth/Moran)

 

That the information concerning the NSW Mini-Budget handed down on 11 November 2008 be received.

 

 

 

 


ITEM 8.10    SF574                201108      Role and Responsibilities of Finance Committee

838/08 RESOLVED:         (Flack/South)

 

That the proposed Objective, Terms of Reference and Meeting Frequency for the Finance Committee be adopted.

 

 

 

 

 


General Manager Report - LATE

ITEM 8.11    SF394                201108      Report on Investments to 31 October 2008

839/08 RESOLVED:         (Ainsworth/Flack)

 

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

 

 

 



Director Environment and Planning Report

ITEM 9.1      SF612                201108      Report on Minutes from the Nambucca River Estuary and Coastline Management Committee Meeting held on 29 October 2008

Motion:      (Flack/Ballangarry)

 

1          That Council endorse the recommendation from the Nambucca River Estuary and Coastline Management Committee meeting held on Wednesday, 29 October 2008 for the appointment of Clouston Associates to undertake the Nambucca River Master Plan (Teagues Creek to the River Mouth) being Tender T045/2008.

 

2          That Council endorse the recommendation from the Nambucca River Estuary and Coastline Management Committee meeting held on Wednesday, 29 October 2008 for the appointment of SMEC Australia to undertake the Nambucca Coastal Process and Hazard Identification Study being Stage 1 of the Nambucca Coastal Zone Management Plan being Tender T040/2008.

 

3          That the remaining minutes of the Nambucca River Estuary and Coastline Management Committee meeting held on Wednesday, 29 October 2008 be endorsed.

 

4          The Mayor and General Manager be authorised to sign and seal (if required) the relevant contracts and associated documentation for the two projects T040/2008 and T045/2008.

 

Amendment:       (Moran/Finlayson)

 

1          That Council appoint RDM to undertake the Nambucca River Master Plan (Teagues Creek to the River Mouth).

 

2          That Council endorse the recommendation from the Nambucca River Estuary and Coastline Management Committee meeting held on Wednesday, 29 October 2008 for the appointment of SMEC Australia to undertake the Nambucca Coastal Process and Hazard Identification Study being Stage 1 of the Nambucca Coastal Zone Management Plan being Tender T040/2008.

 

3          That the remaining minutes of the Nambucca River Estuary and Coastline Management Committee meeting held on Wednesday, 29 October 2008 be endorsed.

 

4          The Mayor and General Manager be authorised to sign and seal (if required) the relevant contracts and associated documentation for the two projects T040/2008 and T045/2008.

 

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

 

840/08 Resolved:         (Moran/Finlayson)

 

1          That Council appoint RDM to undertake the Nambucca River Master Plan (Teagues Creek to the River Mouth).

 

2          That Council endorse the recommendation from the Nambucca River Estuary and Coastline Management Committee meeting held on Wednesday, 29 October 2008 for the appointment of SMEC Australia to undertake the Nambucca Coastal Process and Hazard Identification Study being Stage 1 of the Nambucca Coastal Zone Management Plan being Tender T040/2008.

 

3          That the remaining minutes of the Nambucca River Estuary and Coastline Management Committee meeting held on Wednesday, 29 October 2008 be endorsed.

 

4          The Mayor and General Manager be authorised to sign and seal (if required) the relevant contracts and associated documentation for the two projects T040/2008 and T045/2008

 

Note:  Cr Flack and Cr Smyth requested that their votes be recorded as against Resolution 1.

Note:  Cr Ballangarry requested that his vote be recorded as against Resolutions 1 to 4 inclusive.

 

Council adjourned for a meal break at 7.30pm and returned at 8.00 pm.

 

 

 

 


Councillor John Ainsworth left the meeting for this item at 8.00 pm.

Councillor John Ainsworth returned to the meeting at  8.11 pm.

 

ITEM 9.2      SF529                201108      Report on Minutes of the Nambucca Shire Council Reference Group held 31 October 2008

841/08 RESOLVED:         (Court/Finlayson)

 

1          That Council adopt the Minutes from the Nambucca Shire Reference Group held on Wednesday, 29 October 2008.

 

2          That Council endorse the Rural-Residential Land Release Strategy as amended in accordance with the adopted Minutes from the Nambucca Shire Reference Group.

 

3          That the endorsed Rural-Residential Land Release Strategy be referred to the Department of Planning requesting that they endorse the Strategy as the Rural-Residential component of Council’s Local Growth Management Strategy as required under the Settlement Planning Guidelines.

 

4          That Council request the Department of Planning to confirm that rural-residential subdivisions may proceed under the current Nambucca Local Environmental Plan 1995 in accordance with the endorsed Strategy.

 

 

 

 


ITEM 9.3      SF285                201108      Report on Community Services Committee Meeting Minutes, held 14 October 2008

842/08 RESOLVED:         (Moran/Flack)

 

1          That Council note the Community Services Committee recommendation that adequate resources be allocated to the process to ensure the thorough review of the Social and Community Plan due June 2009 as required by the Local Government (General) Regulation 1999; and give consideration to what resources (in addition to current staff time) it would like to allocate to developing the Plan.

 

2          That the remaining minutes of the Community Services Committee meeting held on 14 October 2008 be noted.

 

843/08 Resolved:         (Flack/Court)

 

3          That Council consider what resources might be needed to prepare a new Social and Community Plan as part of the 2009/2010 budget.

 

 

 

 

 


ITEM 9.4      SF1148              201108      Contract Regulatory Officer's Report - October 2008

844/08 RESOLVED:         (Moran/Ballangarry)

 

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

 

 

 

 


ITEM 9.5      SF1045              201108      Proposal to Microchip Impounded Animals prior to being Released from Council's Animal Shelter (Pound)

845/08 RESOLVED:         (Moran/Ainsworth)

 

1          That Proposal 1 of Beach to Bush Animal Control to provide an independent microchip implant service for impounded animals at Council's Animal Shelter Kelly Close, Macksville be accepted.

 

2           The service is to include the following functions:

 

·           Service fee of $40/animal be accepted for the length of the contract agreement, with any increase to this fee to be notified to Council by 30 March annually for approval by Council and inclusion in the Council's annual Fees & Charges to take effect from 1 July each year, such an increase not to exceed the annual CPI increase;

·           All Fees for this service are to be paid to and retained by the Contractor Beach to Bush Animal Control with an appropriate receipt being issued by the contractor;

·           Animals are to be microchipped prior to being released from the animal shelter;

·           The contractor is to complete the required paper work (Permanent Identification Form PIA);

·           Beach to Bush Animal Control are to update the Companion Animal Register with the microchip details from the PIA form and submit all paper work associated with the animal registration to Council's administration centre.

 

3          Beach to Bush Animal Control’s Public Liability Insurance is to be modified to include the microchip implanting process, and release Council from any liability should an animal be injured or suffer permanent injury or death due to the implanting process.

 

4          The person holding the accreditation to implant the microchips is to provide Council with a copy of their accreditation documentation annually prior to the 30 June. Should accreditation not be current or renewed then the service is to cease immediately.

 

5          This approval is considered under Clause 6 (a) of the current contract between Council and Beach to Bush Animal Control and is not deemed to cause any conflict between the agreement and the proposed service to be provided.

 

 

 


 


ITEM 9.6      SF533                201108      Amendments to Fees and Charges - EP&A Act and Swimming Pool Act & Regulations - Report for Adoption

846/08 RESOLVED:         (Moran/Ainsworth)

 

1          The amended fee of $70 for applications under Sections 22 & 24 of the Swimming Pool Act as set down under the Regulation 2008 be adopted as an amendment to Council’s 2008/2009 Fees and Charges.

 

2          The amended fee structure for Building Certificates under section 149A of the Environmental Planning & Assessment Act, be set at the prescribed maximum fee permissible under the Regulation.

 

3          The amended fees take effect from the 24 November 2008.

 

 

 

 

 


ITEM 9.7 was dealt with under Delegations.

 

 

 



ITEM 9.8      DA2006/143        201108      Report on Modification of DA 2006/143 - 13 Lot Residential Subdivision

847/08 RESOLVED:         (Moran/Court)

 

1          That modification application DA 2006/143/01 be determined by granting of approval subject to conditions contained in this report.

 

2          That those persons who made submissions be advised of Council’s decision.

 

Note:  Cr Flack requested that her vote be recorded as against this resolution as she does not support destruction of endangered ecological communities.

 

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

 

Upon being put to the meeting, the motion was declared carried.

For the Motion were Councillors Ainsworth, Court, Finlayson, Hoban, Moran and South Total (6).

Against the Motion were Councillors Ballangarry, Flack and Smyth Total (3).

 

 

 


ITEM 9.9      SF691                201108      Outstanding Development applications more than 12 months old and applications where submissions have been received and not determined to 11 November 2008

848/08 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 9.10    SF42                  201108      Department of Local Government Circular 08-61 - Plumbing Inspections By Council

849/08 RESOLVED:         (Ainsworth/Moran)

 

1          That Council make urgent representations to the Department of Local Government and the Local Government and Shires Association to lobby to have the NSW Plumbing and Drainage Code of Practice (2006) amended to remove reference to the qualifications required to undertake plumbing and drainage inspections.

 

2              That in the meantime Council maintain the status quo with its current inspection regimes and responsible officers.

 

3              That the matter be brought back to Council in three (3) months, or sooner if further advice is received.

 

 


ITEM 9.11    SF995                201108      Report on the 17th Annual NSW Coastal Conference held over 4-7 November 2008

850/08 RESOLVED:         (Flack/Court)

 

1          That Council note the report on the 17th Annual NSW Coastal Conference.

 

2          That Council provide funding in the 2009/2010 budget for three delegates being two Councillors and the Director Environment and Planning (or his nominee) to attend the 18th Annual NSW Coastal Conference to be held in Ballina in November 2009.

 

 

 

 


ITEM 9.12    LF143                 201108      Illegal Landuse - Rave Party - Missabotti - 8 November 2008

851/08 RESOLVED:         (Moran/Court)

 

That Council note the report and actions undertaken by Council staff in relation to the illegal landuse – Rave Party, Missabotti.

 

 

 


 

Director Engineering Services Report

ITEM 10.1    SF247                201108      Nambucca Heads Sewerage Augmentation - Sludge Dewatering

Resolved: (Flack/Ainsworth)

 

1       That tenders not be called in accordance with Clause 55 (3) of the Local Government Act as it is expected that only one tender will be received, at a higher cost, because of the time delay and the dollar exchange rate.

 

2       That Council approve the early-purchase of the volute dehydrator sludge dewatering system in accordance with an offer put forward by VoR Environmental Pty Ltd involving the following two step payment process:

 

·    Initial 3 month dewatering “trial” for the amount of $110,000 plus GST.

 

·    Residual payment of $113,950 plus GST to complete the full purchase subject to the satisfactory performance of the unit on site.

 

 

 


ITEM 10.2    SF690                201108      Stormwater Management Service Charge

852/08 RESOLVED:         (Flack/Ballangarry)

 

That Council note the report on the Stormwater Management Service Charge.

 

 

 


ITEM 10.3    SF98                  201108      Road Naming Proposal - O'Grady Lane, Macksville

853/08 RESOLVED:         (Flack/South)

 

That Council advertise the proposed name of O’Grady Lane seeking submissions and advise the relevant government departments.

 

 

 

 


ITEM 10.4    SF844                201108      Nambucca District Water Supply Steering Committee Meeting - 5 November 2008

854/08 RESOLVED:         (Ballangarry/South)

 

1        That Council adopt the minutes of the Steering Committee Meetings held on 5 November 2008.

 

2        That all Technical Liaison Committee and Aboriginal Liaison Committee minutes be distributed to Councillors.

 

3        That Council delegate authority to the General Manager to negotiate a strategy with Peter McKee (State Property Authority) and Vincent Joseph (Commerce) to acquire short term access to constructed monitoring and test bores and to authorise up to $30,000 in total compensation to affected landowners if deemed necessary.

 

855/08 Resolved:         (Flack/Court)

 

4               That Council receive a copy of the Planning Focus meeting minutes held on 16 October 2008 in Coffs Harbour

 

856/08 Resolved:         (Flack/Court)

 

5        That Council receive a report on the IWCM Plan.

  

General Purpose Committee REPORT

ITEM 11.1         SF382            201108      Scotts Head Caravan Park and Reserve - Briefing by Integrated Site Design on Draft Master Plan (Item 8.1 in the General Purpose Committee)

857/08 Resolved:         (Moran/Ainsworth)

 

1        That Council note the information in the briefing on the Scotts Head Caravan Park and Reserve Draft Master Plan and that a public meeting be held after the Master Plan has been placed on public display.

 

 

858/08 Resolved:         (Flack/Smyth)

 

2        That the exhibition period be extended to the end of February and be a minimum of two months.

 

859/08 Resolved:         (Flack/Court)

 

3        That Councillors have the opportunity to consider the Draft Master Plan for a minimum of five working days before it is placed on public display with any comments to be forwarded directly to the consultants.

 

Motion:      (Ainsworth/Moran)

 

2        That the Director Engineering Services replace the General Manager as a representative of Council on the Project Facilitation Team along with the Mayor and two representatives of the Department of Lands.

 

Amendment:       (Court/Flack)

 

That the representatives on the project facilitation team be the Mayor and the Director Environment and Planning.

 

The amendment was LOST.

The motion was carried and it was:

 

860/08 Resolved:         (Moran/Ainsworth)

 

4        That the Director Engineering Services in consultation with the Director Environment and Planning replace the General Manager as a representative of Council on the Project Facilitation Team along with the Mayor and two representatives of the Department of Lands.

 

 

 


ITEM 11.2         SF265            201108      Requests and Complaints Policy (Item 8.2 in the General Purpose Committee)

861/08 Resolved:         (Ainsworth/Flack)

 

That Council adopt the “Requests and Complaints Policy” to replace the “Complaints Management” Policy and that Council receive a report on any Tier 3 complaints with this provision being added to the policy.

 

 

 


ITEM 11.3         SF820            201108      Quarterly Review - Performance Targets Achievements to 30 September 2008 (Item 8.3 in the General Purpose Committee)

862/08 Resolved:         (Ainsworth/Court)

 

1        That Council note the extent to which the Performance Targets have been achieved for the quarter to 30 September 2008.

 

863/08 Resolved:         (Moran/Ainsworth)

 

2        That the three Councils get together to review the operation of the Coffs Coast Waste Service.

 

864/08 Resolved:         (Flack/Court)

 

3        That Council receive a report on the process of handling complaints concerning vehicles on beaches.  The report is to include the process for the handling misdemeanours and advice as to the numbers of infringements issued.

 

ITEM 11.4         SF1163          201108      Budget Review - September 2008 (Item 8.4 in the General Purpose Committee)


865/08 Resolved:         (Moran/Ainsworth)

 

That Council investigate the refinancing of its loans and that the matter be reported to a meeting of the Finance Committee.

 

866/08 Resolved:         (Flack/Court)

 

1                That the budget review for the quarter ended 30 September, 2008 be received.

 

2               That the recommended increases and decreases in votes be included as subsequent votes for the financial year 2008/2009.

 

3               That Council not purchase a replacement excavator and sell the existing excavator to generate savings of $240,000.

 

4               That Council not purchase the three vehicles due for replacement and utilise leasing arrangements.

 

5               That a report be prepared for the Plant Committee on utilisation rates for all of Council’s heavy plant.

 

6               That there be a report to Council in December 2008 on its organisation structure to determine whether the funding for the redundant position of excavator operator will be reallocated to another position.

 

 

 


ITEM 11.5         SF1031          201108      Report on Deferred Review of Council's Policies - Environment Planning Department (Item 9.1 in the General Purpose Committee)

867/08 Resolved:         (Flack/Ainsworth)

 

1        That the policies be dealt with individually.

 

868/08 Resolved:         (Flack/Court)

 

2        That the policies “Contaminated Land Section 149(2) Zoning Certificates Wording” and “Contaminated Land Management and Guidelines” be deferred for amendment and a further report.

 

869/08 Resolved:         (Flack/Court)

 

3        That Council adopt the policy ”Ecologically Sustainable Development“ subject to the amendments recorded by the Director Environment and Planning.

 

870/08 Resolved:         (Ainsworth/Moran)

 

4        That the policy “Rural and Rural Residential Land Activities” be adopted.

 

MOTION:      (Court/Flack)

 

That the policy on “Rural Dwellings Illegal” be deferred for a further report.

 

Amendment:       (Court/Ainsworth)

 

That the policy be deleted.

 

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

 

871/08 Resolved:         (Court/Ainsworth)

 

5        That the policy “Rural Dwellings Illegal” be deleted.

 

872/08 Resolved:         (Ainsworth/South)

 

6        That the policy “Threatened Species Legislation and Impact on Development Applications” be deleted.

 

873/08 Resolved:         (Moran/Ainsworth)

 

7        That the policy “Companion Animals—Control of Cats and Dogs” be adopted.

 

 

 


ITEM 11.6         SF29             201108      Report on Clarence Regional Library Strategic Plan (Item 9.2 in the General Purpose Committee)

874/08 Resolved:         (Flack/Moran)

 

1          That Council endorse the draft Clarence Regional Library (CRL) Strategic Plan which will guide the direction of the regional library network for the next ten years.

 

2          That Council note, it will have an opportunity to monitor, manage and oversee the implementation of the Strategic Plan via an Operational Plan or Plans and associated actions and budgets, which will be brought to Council for endorsement at a future date.

 

 

 


ITEM 11.7         SF135            201108      Report on SOE Submissions from Public Exhibition (Item 9.3 in the General Purpose Committee)

875/08 Resolved:         (Flack/Court)

 

1          That the Committee notes the recommendations from the submissions and proposed actions.

 

2          That subject to 1 above, Council adopt the 2007/2008 Supplementary State of the Environment Report and forward the final report to reach the Department of Local Government by 30 November 2008.

 

 

876/08 Resolved:         (Flack/Smyth)

 

3        That Council receive a report on the adequacy or otherwise of the allocation of resources for preparing the next comprehensive State of Environment Report and that this be considered as part of the 2009/2010 budget.s

 

   

ASKING OF QUESTIONS WITHOUT NOTICE

 

There were no Questions without Notice.

 

 


COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

877/08 Resolved:         (Moran/Ainsworth)

 

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:

 

 

 

 

 


Director Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 11.1    28458/2008         201108      Tender  - T043/2008 Construction of Skate Park at Coronation Park, Nambucca Heads

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.

 

 

 

 

 


For Confidential Business Paper in Closed Meeting

ITEM 11.2    28610/2008         201108      Transfer of Existing Road Base Contracts from Roktam Pty Ltd to Quarry Solutions Pty Ltd

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.

 

 

 

 

 


For Confidential Business Paper in Closed Meeting

ITEM 11.3    28633/2008         201108      Tender - Supply and Delivery of Ready Mixed Concrete

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.

 

 

 

 

 


For Confidential Business Paper in Closed Meeting

ITEM 11.4    28735/2008         201108      Upper Warrell Creek Road Rail Overbridge - Complaint about Noise and Vibration - Threat of Legal Action

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

 

 

 


 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 8.55 pm.

 

 

 

 

 

 


RESUME IN OPEN MEETING

878/08 RESOLVED:         (Moran/Flack)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 9.30 pm

 

 

FROM COUNCIL IN CLOSED MEETING

 

Director Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 11.1    28458/2008         201108      Tender  - T043/2008 Construction of Skate Park at Coronation Park, Nambucca Heads

879/08 RESOLVED:         (Flack/Smyth)

 

That Council accept the tender of Concrete Skate Parks for the amount of $159,000 to complete construction in one stage.

 

 

 

 


For Confidential Business Paper in Closed Meeting

ITEM 11.2    28610/2008         201108      Transfer of Existing Road Base Contracts from Roktam Pty Ltd to Quarry Solutions Pty Ltd

880/08 RESOLVED:         (Moran/Finlayson)

 

1.       That Council advise the Chief Executive Officer of South East Excavations as follows:

·      Council is prepared to amend Clause 21 of the contracts to permit the benefit of the contracts to be assigned to Quarry Solutions Pty Ltd

·      The amendment of the contracts must be in writing

·      The deed of amendment must be between the current parties of the contract

·      The contract then can be assigned to Quarry Solutions Pty Ltd

·      The assignment must be in writing and by deed

·      The deed of assignment should require the assignee to assume all of the assignors liabilities and obligations under the contract

·      As the assignor (Roktam) is in possession of the quarry pursuant to a lease, the Marriott’s should consent to the deed of assignment

·      The proposed deed of amendment of the contract and the deed of assignment should include provisions that the assignee covenants with Council not to further assign the contract without Council’s consent

·      At least 2 Directors of the assignee company should guarantee the performance of the assignees covenants under the contract

 

2.       That Council advise South East Excavations (No. 2) Pty Ltd that they or Roktam will            need to bear all of Council’s legal costs in amending of the contract and its                                   assignment.

 

3.       That Council’s standard contract be amended to provide for assignment provided Council is       satisfied with the capabilities of the assignee to undertake the requirements of the contract.

 

 

 

 


For Confidential Business Paper in Closed Meeting

ITEM 11.3    28633/2008         201108      Tender - Supply and Delivery of Ready Mixed Concrete

881/08 RESOLVED:         (Moran/Court)

 

That Council accept the tender submitted by Boral Resources (Country) P/L for the various prices as detailed in the tender price schedule.

 

 

 


 


For Confidential Business Paper in Closed Meeting

ITEM 11.4    28735/2008         201108      Upper Warrell Creek Road Rail Overbridge - Complaint about Noise and Vibration - Threat of Legal Action

882/08 RESOLVED:         (Court/South)

 

1       That Council engage a consultant to undertake noise monitoring of the Upper Warrell Creek Road railway overbridge and to design an acoustic mound to be located on lot 3 adjoining the Northwood residential estate.

 

2       That Mr Bryant and Ms Kennedy enter into a deed of release in relation to the overbridge before Council commits to the construction of the landscaped acoustic noise mound.

 

3        That Council dedicate the 3m wide public reserve adjoining Upper Warrell Creek Road as road widening and Council’s seal be attached to any documents in relation to this, if required. 

 

 

 

 

 


 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 9.35 pm. 

 

Confirmed and signed by the Mayor on 4 December 2008.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)