NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 15 January 2009

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Brian Finlayson

Cr Janet Court

Cr Mike Moran OAM

Cr Paula Flack

Cr Anne Smyth

Cr Elaine South

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Bruce Redman (Director Engineering Services)

Phil Gall (Acting Director Environment & Planning)

Monika Schuhmacher (Minute Secretary)

 

 

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.

 

 

LEAVE

 

Cr Ballangarry OAM was granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 14 to 21 January 2009, inclusive.

 

 

Ordinary Council Meeting

 

SUBJECT:   DISCLOSURE OF INTEREST

 

Councillor PF Flack declared a pecuniary interest in the Notice of Motion—North Coast Area Health Service—Job Cuts under the Local Government Act as she is an employee of the North Coast Area Health Service at the Macksville Hospital.

 

 

Councillor BJ Finlayson declared a non-pecuniary significant interest in Item 9.7 Tender for the Operation and Management of the Macksville Memorial Aquatic Centre under the Local Government Act as he has advised people interested in the operation of the Centre.

 

 

Councillor RH Hoban declared a non-pecuniary significant interest in Item 10.6 Modification DA2005/291 Concrete Batching Plant under the Local Government Act as she has had previous involvement in DA and Land and Environment Court case relating to a rival operator.

 

 

Councillor JA Ainsworth declared a pecuniary interest in Item 10.6 Modification DA2005/291 Concrete Batching Plant under the Local Government Act as a family member is employed by the applicant.

 

 

Councillor JE Court declared a pecuniary interest in Item 10.7 Report on the State Environmental Planning Policy 2008 and NSW Housing Code under the Local Government Act as her house overlooks the 5m height area.


SUBJECT:   DISCLOSURE OF INTEREST continued

 

Councillor Smyth declared a non-pecuniary insignificant conflict of interest in Item 10.11—Report on Proposed Funding Applications 2009-2010 State Floodplain Management Program under the Local Government Act as her brother owns property in the Seaview Street catchment which is a component on the funding application.

 

 

 

SUBJECT:   CONFIRMATION OF MINUTES - ORDINARY Meeting of Council 18 December 2008

872/09 RESOLVED:         (Moran/Flack)

 

That the minutes of the Ordinary Meeting of Council of 18 December 2008 be confirmed subject to the following amendments:

 

·         Page 14        Item 11.1  Resolution 1 should read “developer” instead of “development”.

 

 

 

 

 


NOTICE OF MOTION – CR Hoban

ITEM 5.1      SF1269              150109      Notice of Motion - Operational Efficiency of Major Plant and Equipment

873/09 RESOLVED:         (Hoban/Flack)

 

That a report be brought to Council detailing the operational efficiency of all major plant items so that Council may conduct an informed review of the Plant Replacement Schedule prior to the adoption of the 2009/2010 budget.

 

 

 

 


Councillor Flack left the meeting at 5.34 pm and returned at 5.36 pm.

NOTICE OF MOTION – CR Hoban

ITEM 5.2      SF1269              150109      Notice of Motion - North Coast Area Health Service - Job Cuts

874/09 RESOLVED:         (Hoban/Moran)

 

That Council advises the NSW Minister for Health and Mr Chris Crawford of the North Coast Area Health Service that Council opposes any reduction in the availability of services a the Macksville Health Campus.

 

 

 

 



NOTICE OF MOTION – CR Hoban

ITEM 5.3      SF1269              150109      Notice of Motion - Maintenance of Public Toilets

875/09 RESOLVED:         (Hoban/Moran)

 

That Council consider internal refurbishment of the public toilet block in the Macksville Co-op car park, and any other public toilet block the Director of Engineering Services considers worthy, in its 2009/10 budget deliberations.

 

 

 

 


NOTICE OF MOTION – CR Hoban

ITEM 5.4      SF1269              150109      Notice of Motion - Pacific Highway Upgrade - Land Acquisition - Possible Delays

876/09 RESOLVED:         (Ainsworth/South)

 

1        That consideration of the matter be deferred until after the delegation from Ms Joy Sheather has been dealt with in relation to Item 9.6.

 

2        That Council seek a time frame from the Minister for Roads for land acquisition for those Nambucca Shire residents affected by the Pacific Highway upgrade; and seek an assurance that recent changes to the State Budget will not cause any delay in this process.

 

 

 

 


NOTICE OF MOTION – CR Flack

ITEM 5.5      SF1269              150109      Notice of Motion - Leave of Absence - 23 to 27 January 2009 – Cr Paula Flack

877/09 RESOLVED:         (Flack/South)

 

That Cr Paula Flack be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 23 to 27 January 2009, inclusive.

 

 

 

 


NOTICE OF MOTION – CR Ballangarry OAM

ITEM 5.6      SF1269              150109      Notice of Motion - Leave of Absence 14 to 21 January 2009 – Cr Martin Ballangarry OAM

878/09 RESOLVED:         (Flack/Smyth)

 

That Cr Martin Ballangarry OAM be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 14 to 21 January 2009, inclusive.

 

 

 

 

 


NOTICE OF MOTION – CR Moran OAM

ITEM 5.7      SF1269              150109      Notice of Motion - Insurance Coverage - Land in Nambucca Shire

879/09 RESOLVED:         (Moran/Ainsworth)

 

That Council be provided with a report to address the following insurance issues:

 

1        What policies does Council have with the Lands Department on the lease area of the Nambucca Shire Council?

 

2        In regard to the area of land on Adin Street, Scotts Head, which is not on the leased area but camp sites are leased out by the Lands Department—what insurances?

 

3        The Religious CSSM Group is renting land on the fringes of Adin street oval along drain—are they paying fees to the Management Committee—what insurance cover to Nambucca Shire Council and the Management Committee?

 

 

 

 


NOTICE OF MOTION – CR Moran OAM

ITEM 5.8      SF1269              150109      Notice of Motion - Investment Reports

880/09 RESOLVED:         (Moran/South)

 

That future reports to Council on its investments include the following information:

 

1        The original amount of dollars next to investment of each portfolio

2        What was invested?

3        How much each fund has left?

4        What percentage of interest gained?

5        The balance?

 

 

 

 


  

DELEGATIONS

Resolved: (Flack/Ainsworth)

 

That the following delegations be heard:

 

A       Item 9.4       Request for a Designated “Clothes Optional” Beach for the Purpose of Nude Swimming

          (i)       Peter Veryard--

 

B       Item 9.6       Pacific Highway – Warrell Creek to Urunga Upgrade

          (i)       Joy Sheather

 

C       Item 10.1     Report on DA 2008/269 – Change of Use to Residential – 48 High Street Bowraville

          (i)       Debra Neal & her Legal Adviser

 

D       Item 10.6     Report on Modification Application DA 2005/291 – Concrete Batching Plant

          (i)       Rod Bruce

 

A       Mr Veryard addressed Council making the following points:

·         Represents Valla Beach and Hall Management Committee and member of Liaison Committee for Valla Beach Resort

·         Speaking in favour of the motion

·         Strong endorsement against establishing a designated clothes optional beach

·         Not preferable to Valla Beach south

 

ITEM 9.4      SF1222              150109      Request for a Designated "Clothes Optional" Beach for the Purpose of Nude Swimming and Related Social Activities

881/09 RESOLVED:         (Moran/Ainsworth)

 

1        That Council not establish a designated clothes optional section of beach as proposed by the Nambucca Valley Nudist Group.

 

2        That correspondents be advised of the outcome of the proposal.

 

3        That Council not apply staff resources or funding to the investigation of possible alternative locations for “clothes optional” bathing in the Nambucca local government area.

 

 

 

 


DELEGATIONS continued…

 

B       Ms Joy Sheather spoke to a prepared paper which is on file.

 

Resolved: (South/Ainsworth)

 

That Ms Sheather be given an extension of time in which to address Council.

 

 

ITEM 9.6      SF841                150109      Pacific Highway - Warrell Creek to Urunga Upgrade - Response from Parliamentary Secretary for Roads in Relation to Concerns Raised by Council

MOTION:      (Moran/Ainsworth)

 

1          That Council advise the Parliamentary Secretary for Roads, that it is unsatisfactory that property owners affected by the Warrell Creek to Urunga upgrade of the Pacific Highway will have to wait an indeterminate period to receive the full benefit of the compensation arrangements under the Land Acquisition (Just Terms Compensation) Act 1991.  Further that as a matter of fairness the RTA should at least include the costs and compensation available in a programmed acquisition to those properties acquired under “hardship” provisions.

 

2         That the Member for Oxley, the Hon. Andrew Stoner MP be asked to support Council’s submission to the Parliamentary Secretary for Roads.

 

 

 

Amendment:       (Ainsworth/South)

 

1          That Council advise the Parliamentary Secretary for Roads, that it is unsatisfactory that property owners affected by the Warrell Creek to Urunga upgrade of the Pacific Highway will have to wait an indeterminate period to receive the full benefit of the compensation arrangements under the Land Acquisition (Just Terms Compensation) Act 1991.  Further that as a matter of fairness the RTA should at least include the costs and compensation available in a programmed acquisition to those properties acquired under “hardship” provisions.

 

2          That the Member for Oxley, the Hon. Andrew Stoner MP be asked to support Council’s submission to the Parliamentary Secretary for Roads.

 

3          That the Minister be requested to receive a delegation from the Mayor and General Manager in relation to Council’s concerns.

 

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

 

882/09 RESOLVED:         (Moran/Ainsworth)

 

1          That Council advise the Parliamentary Secretary for Roads, that it is unsatisfactory that property owners affected by the Warrell Creek to Urunga upgrade of the Pacific Highway will have to wait an indeterminate period to receive the full benefit of the compensation arrangements under the Land Acquisition (Just Terms Compensation) Act 1991.  Further that as a matter of fairness the RTA should at least include the costs and compensation available in a programmed acquisition to those properties acquired under “hardship” provisions.

 

2          That the Member for Oxley, the Hon. Andrew Stoner MP be asked to support Council’s submission to the Parliamentary Secretary for Roads.

 

3          That the Minister be requested to receive a delegation from the Mayor and General Manager in relation to Council’s concerns.

.

 

883/09 Resolved:         (Hoban/Flack)

 

That Council seek a time frame from the Minister for Roads for land acquisition for those Nambucca Shire residents affected by the Pacific Highway upgrade; and seek an assurance that recent changes to the State Budget will not cause any delay in this process.

 

 

 


DELEGATIONS continued

Ms Debra Neal addressed to a prepared statement which is on file.

 

ITEM 10.1    DA2008/269        150109      Report on DA 2008/269 - Change of Use to Residential and Deck, Garage and Internal Alterations - 48 High Street, Bowraville

Motion:      (Flack/Smyth)

 

1          That development application 2008/269 for minor building works and change of use be approved subject to conditions included in this report.

 

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

 

Amendment:       (Court/South)

 

That Council defer this item to enable further consideration regarding consent covering potential noise issues from the butcher shop.

 

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

 

884/09 Resolved:         (Court/South)

 

That Council defer the matter to enable conditions of consent to be reviewed to ensure potential noise issues from the butcher shop are addressed.

 

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

For the Motion were Councillors Court, Flack, Hoban, Smyth and South. Total (5).

Against the Motion were Councillors Ainsworth, Finlayson and Moran. Total (3).

 

DELEGATIONS continued

Councillors Hoban and Ainsworth left the meeting at 6.20 pm and returned at 6.30 pm

 

885/09 Resolved:         (Court/South)

 

That in the absence of the Mayor and Deputy Mayor, Cr Flack take the Chair.

 

 

 

D       Mr Rod Bruce addressed Council making the following points:

·         Concern with restriction on hours

 

ITEM 10.6    LF2333               150109      Report on Modification Application DA 2005/291 - Concrete Batching Plant

886/09 RESOLVED:         (Finlayson/South)

 

1          That Council approve modification application to DA 2005/291 by amending condition No 6 and extending the hours of operation for the Concrete Batching Plant from 6.00 am to 4.00 pm for a trial period of six months.

 

2          That Council acknowledge the processing of material lawfully extracted from the Hard Rock Quarry and Barbers Quarry is an ancillary activity to the approved extractive industries, which does not require development consent. On this basis, the applicant be advised that the modification application for DA 1998/055 be withdrawn.

 

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

For the Motion were Councillors Court, Finlayson, Flack, Smyth and South. Total (5).

Against the Motion was Councillor Moran. Total (1).

 

 

 


ASKING OF QUESTIONS WITH NOTICE

There were no question 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

ITEM 9.1      SF959                150109      Outstanding Actions and Reports January 2009

887/09 RESOLVED:         (Flack/Ainsworth)

 

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

 

 


ITEM 9.2      SF706                150109      Grant Application Status Report - 15 January 2009

888/09 RESOLVED:         (Flack/Moran)

 

That the list of grant programs and their status to 15 January 2009 be received.

 

 

 

 


ITEM 9.3      SF336                150109      Taylors Arm Hall Committee of Management - Annual General Meeting - 6 December 2008

889/09 RESOLVED:         (Moran/Flack)

 

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

 

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

 

3        That the request for funding assistance to replace old wooden windows, including exterior architraves in the Taylors Arm Hall be considered in Council’s budget (Management Plan) for 2009/2010 and that the Committee of Management be advised of this.

 

 

 


Item 9.4 was dealt with under Delegations.

 

 

 


ITEM 9.5      SF733                150109      Request by Greenpeace for a Motion Opposing the Construction of New Coal Fired Electricity Plants

Motion:      (Flack/Smyth)

 

That Council advise Greenpeace Australia Pacific that it acknowledges that carbon pollution is contributing to climate change; that there is a need for global action to reduce carbon emissions and that Council endorses the establishment of targets for reducing greenhouse pollution and increasing the use of renewable energy.

 

Amendment:       (Ainsworth/Moran)

 

That Council advise Greenpeace Australia Pacific that it acknowledges that carbon pollution may be contributing to climate change; that there is a need for global action to reduce carbon emissions and that Council endorses the establishment of targets for reducing greenhouse pollution and increasing the use of renewable energy.

 

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

 

890/09 Resolved:         (Ainsworth/Moran)

 

That Council advise Greenpeace Australia Pacific that it acknowledges that carbon pollution may be contributing to climate change; that there is a need for global action to reduce carbon emissions and that Council endorses the establishment of targets for reducing greenhouse pollution and increasing the use of renewable energy.

 

 

Motion:      (Flack/Smyth)

 

That Council declares it does not support the construction of new or expansion of old coal fire power plants and that it communicates this statement to Greenpeace and relevant State and Federal Ministers and our Local State and Federal Members of Parliament.

 

The Mayor used her casting vote.  Motion was LOST.  

 

891/09 Resolved:         (Flack/Smyth)

 

That Council seek further information regarding transition from coal powered to renewable energy and a National Feed-In Tariff Policy with a view to developing a position on this issue.

 

 

 


Item 9.6 was dealt with under Delegations.

 

 


Councillor Finlayson left the meeting at 6.57 pm and returned at 7.00 pm.

ITEM 9.7      SF62                  150109      Tender for the Operation and Management of the Macksville Memorial Aquatic Centre

892/09 RESOLVED:         (Moran/Ainsworth)

 

1        That Council advertise by open tender the management and operation of the Macksville Aquatic Centre for an initial contract period of two years.

 

2        That in the event the preferred tender requires the refitting of the Gym Room at the Hydrotherapy Pool as a condition of their tender Council obtains quotes pursuant to Council’s Procurement Policy for the fit out and/or lease of suitable equipment for the Gym.

 

3        That a report be brought back to Council for further determination regarding the evaluation of tenders for the management and operation of the Macksville Memorial Aquatic Centre.

 

 

 


General Manager Report - LATE

ITEM 9.8      SF394                150109      Report on Investments to 31 December 2008

893/09 RESOLVED:         (Flack/Moran)

 

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

 

 

Director Environment and Planning Report

 

Item 10.1 was dealt with under Delegations.

 

 

 

 

 


ITEM 10.2    SF750                150109      Development Application Statistics Report

894/09 RESOLVED:         (Moran/Ainsworth)

 

That Council reinstate the monthly statistical report on Development Applications, Complying Developments Certificates, Conveyancing Certificates and Occupations Certificates into the business paper for the secondly monthly Ordinary Council meeting.

 

 

 

 


ITEM 10.3    LF2365               150109      Recovery of Costs - Class 4 Proceedings - Mirage Property Group Pty Ltd

895/09 RESOLVED:         (Flack/Ainsworth)

 

1          That council note the advice from Deacons and endorse the actions taken to recover the costs against Mirage Property Group Pty Ltd relating to the Class 4 proceedings in the Land and Environment Court.

 

2          That the General Manager be authorised to take further action against Mirage Property Group Pty Ltd to secure Council’s costs should payment not be received by close of business on 30 January 2009

 

 

 

 


ITEM 10.4    SF785                150109      Report on Nambucca Shire Council Application for Funding to NSW Attorney General's Department

896/09 RESOLVED:         (Flack/Smyth)

 

That Council note that its December 2008 application for $50,000 to the NSW Attorney General’s Department Crime Prevention Grants for Safer Women Around Nambucca, has been amended on the advice of the funding body and now includes the fixed term employment of a worker rather than appointment of a Consultant.

 

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

 

 

 

 

 


ITEM 10.5    SF1261              150109      Outstanding Development Applications More than 12 Months Old and Applications Where Submissions have been Received and Not Determined to 6 January 2009

897/09 RESOLVED:         (Ainsworth/Smyth)

 

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.

 

 

 

898/09 Resolved:         (Court/Flack)

 

3          That Council undertake a site inspection of the development application in Harrimans Lane at the General Purpose Committee on 18 February 2009.

 

 

 


Item 10.6 was dealt with under Delegations.

 

 


Councillor Court left the meeting for the first recommendation at 7.20 pm and returned at 7.25 pm for recommendations 2,3 and 4.

ITEM 10.7    SF669                150109      Report on State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and the NSW Housing Code (December 2008)

899/09 Resolved:         (Ainsworth/Moran)

 

1        That Council defer applying to the DoP for a local variation to retain the current 5.0m height areas, so it can be inspected and considered at a General Purpose Committee meeting in February 2009.

 

900/09 Resolved:         (Ainsworth/South)

 

2          That Council apply to the DoP for a local variation to allow new dwellings in bush fire prone areas, subject to compliance with the Planning for Bush Fire Protection 2006 for the erection of single dwellings in accordance with the Applicant’s Kit prepared by the NSW Rural Fire Service (April 2007).

 

3          That all residential areas comprising 8.0m height limits be amended to 8.5m in the ‘height maps’ of draft NLEP 2008 and draft DCP 3, before they are put on public exhibition.

 

4          That DCP 3 (Residential Development) and DCP 10 (Exempt and Complying Development) be amended, where appropriate, to be consistent with the NSW Housing Code.

 

 

 


Note:  The meeting adjourned at 7.30 pm and resumed at 8.05 pm.

 


 


ITEM 10.8    SF1148              150109      Contract Regulatory Officer's Report - December 2008

901/09 RESOLVED:         (Flack/Court)

 

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

 

ITEM 10.9    SF283                150109      Report on Access Committee Minutes of meeting held 9 December 2008

902/09 RESOLVED:         (Moran/Flack)

 

That the minutes of the Access Committee meeting held on 9 December 2008 be noted.

 

ITEM 10.10   SF639                150109      Accreditation Scheme for Local Government Building Surveyors

903/09 RESOLVED:         (Flack/Ainsworth)

 

1          That Council prepare a submission to the Building Professional Board raising the following concerns with the proposed accreditation scheme:

 

i         The accreditation scheme establishes variations between Private and Local Government Building Surveyors with an A & B classification with Council Building Surveyors having to be accredited to work in a specific council area. Accreditation should be recognised across the Local Government Industry to avoid added cost of Building Surveyors having to be accredited with each Council when transferring between Councils.

 

ii        The accreditation scheme will create additional competition between Councils and Private Certifiers driving up the cost to Council to employ and maintain Building Surveyors accreditation.

 

iii       Councils struggle to attract qualified experienced Building Surveyors in the current climate, the proposed accreditation scheme does not permit inexperienced, qualified graduates or trainees to operate within the industry. There is a need to provide clear pathways for this type of semi skilled or inexperienced Building Surveyors to operate within the industry while seeking experience and accreditation.

 

iv       The need to restrict Local Government Building Surveyors to working within a specific Council area and not be accredited to work within the Local Government industry throughout the State. This will add additional cost to Council or employees when transferring between Councils. and reduce the ability of Councils to share resources at short notice.

 

v        The requirement for Building Surveyors to be reassessed and accredited with each Council will restrict and delay the ability of Council’s to undertake resource sharing of staff resources.

 

vi       The impact of the accreditation scheme on the ability of Council’s Building Surveyors to provide design advice to clients due to the conflict of interest provisions of the scheme. This will disadvantage the general public from seeking advice in relation to compliance issues and accessing Building Code of Australia advice where an individual Council Building Surveyor is the nominated principal certifier for the client’s job.

 

vii      Councils will have escalated annual accredited registration fees for each Building Surveyor and ongoing Continual Professional Development costs as part of maintaining accreditation of individual Building Surveyors.

 

viii     Concerns about the escalating costs to operate the accreditation scheme, especially when the two accreditation classifications are merged after the five (5) year transitional period.

 

ix       The accreditation scheme creates inequities between professional staff within Local Government requiring Building Surveyors to be skilled, experienced and a credible person when no other profession requires such scrutiny.

 

x        There is no appeal right by individual Building Surveyors should their application for accreditation through a Council not be supported by the Council or accepted by the Building Professionals Board.

 

xi       Lack of recognition that Council’s are the default PCA through the Act, if no private certifier is operating in the area and/or refuses to take on a client.

 

xii      Council supports the retention of the Building Assessment process under Council’s control with the work being undertaken by Accredited Building Surveyors staff employed by individual Councils.

 

xiii     Concerns have been raised about professional indemnity insurance cover for Building Surveyors under the proposed scheme and what continuing cover is provided for Building Surveyors after leaving the employment of a Council.   

 

2          That Council submit copies of its submission to the NSW Minister for Planning, Leader of the Opposition and Local State Member seeking their support to have the legislation and proposed accreditation scheme modified.

 

3          That Council support its five (5) existing Building Surveyors in their attempts to be accredited under the new accreditation scheme to be implemented by the NSW State Government through the Building Professionals Board.

 

 

 

 


ITEM 10.11   SF776                150109      Report on proposed funding applications 2009-2010 State Floodplain Management Program

904/09 RESOLVED:         (Flack/Court)

 

That Council submit the following funding applications for consideration under the 2009/2010 State Floodplain Management Program:

 

·               Updated Flood Study, mapping and information including the acquisition of Airborne Laser Survey Data for the Nambucca River Floodplain.

·               Deep Creek Flood Study and Management Plan.

·               Local flood/stormwater mitigation and protection works within the Seaview Street Catchment in Nambucca Heads.

 

 

 


 


Director Engineering Services Report

ITEM 11.1    SF98                  150109      Road Naming - O'Grady Lane, Macksville

905/09 RESOLVED:         (Moran/Ainsworth)

 

That Council adopt the name of O’Grady Lane, Macksville with the name to be gazetted and notification made to the relevant government agencies and advertised in a local newspaper.

 

 

 

 


ITEM 11.2    SF843                150109      Vehicles on Beaches - Breaches of Permit Conditions

906/09 RESOLVED:         (Moran/Ainsworth)

 

That Council note the report on 4WD vehicles on beaches addressing breaches of permit conditions.

 

 


ITEM 11.3    SF130                150109      Mid North Weight of Loads - Memberships

Motion:      (South/Smyth)

 

That Council make an application to rejoin the Mid North Weight of Loads Group from the 1 July 2009.

 

Amendment:       (Ainsworth/Finlayson)

 

That Council make an application to rejoin the Mid North Weight of Loads Group from 1 July 2009 for a trial period of twelve (12) months.

 

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

 

907/09 Resolved:         (Ainsworth/Finlayson)

 

That Council make an application to rejoin the Mid North Weight of Loads Group from 1 July 2009 for a trial period of twelve (12) months.

 

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

 

 

  

General Purpose Committee REPORT

ITEM 8.1           SF939            150109      2009/10 Management Plan - Vision/Mission & Values

(Item 8.1 in the General Purpose Committee)

908/09 Resolved:         (Flack/Smyth)

 

That Council maintain its existing Vision Statement being “Nambucca Valley—Living at its Best”.

 

909/09 Resolved:         (Ainsworth/Moran)

 

That Council develop a marketing slogan for the Shire.

 

 

ITEM 9.1           DA2009/004   150109      DA 2009/004 - Report for SEPP 1 Consideration of Consolidation of 31 Lots and create 2 lots with a dwelling entitlement on each - Jellico and Short Streets, Macksville

(Item 9.1 in the General Purpose Committee)

motion       (AINSWORTH/MORAN)

 

1          That Council advise the Department of Planning that it supports the SEPP 1 Variation for the consolidation of 31 lots and the creation of two lots each with a dwelling entitlement as outlined in Development application 2009/004.

 

2          That the matter be dealt with under Delegated Authority subject to the Department of Planning support for the SEPP 1 Variation.

 

Amendment:       (Flack/Smyth)

 

That council advise the Department of Planning that it supports the application provided flood-free sites can be identified for a dwelling on each lot.

 

 

The Councillors voting for the amendment were Councillors Flack and Smyth. Total 2.

The Councillors who voted against the amendment were Councillors Court, Finlayson, Ainsworth, Moran, South and Hoban. Total 6.

 

 

MOTION       (Ainsworth/Finlayson)

 

That the motion be put.

 

The motion was adopted.

 

910/09 Resolved:         (Ainsworth/Moran)

 

1          That Council advise the Department of Planning that it supports the SEPP 1 Variation for the consolidation of 31 lots and the creation of two lots each with a dwelling entitlement as outlined in Development application 2009/004.

 

2          That the matter be dealt with under Delegated Authority subject to the Department of Planning support for the SEPP 1 Variation.

 

 

 

 

 


ITEM 9.2           SF226            150109      Report on Draft Local Approvals Policy - Keeping of Animals within Nambucca Shire

(Item 9.2 in the General Purpose Committee)

Motion:      (Court/Moran)

 

1          That the Draft Nambucca Shire Council Local Approvals Policy – Keeping of Animals be advertised for community consultation from 29 January 2009 to 27 February 2009.

 

2          That following the exhibition period, a further report be presented to Council for consideration and adoption of the Local Approvals Policy – Keeping of Animals.

 

Amendment:       (Court/South)

 

That a reference note be placed beside that part of the table referring to greyhounds advising that the exclusion does not apply to greyhounds which are registered as companion animals.  Further, that it be noted that the prohibition of greyhounds in urban areas does not apply to greyhounds registered as companion animals.

 

The amendment became the motion at it was:

 

911/09 Resolved:         (Court/South)

 

1        That a reference note be placed beside that part of the table referring to greyhounds advising that the exclusion does not apply to greyhounds which are registered as companion animals.  Further, that it be noted that the prohibition of greyhounds in urban areas does not apply to greyhounds registered as companion animals.

 

912/09 Resolved:         (Flack/Court)

 

2        That the reference to the appendix for the keeping of bees be amended as the numbering is incorrect.

 

3        That there be a clear statement that ferrets, cats, pigs and deer must not be released into the environment.

 

913/09 Resolved:         (Ainsworth/Moran)

 

4        That a report come to Council on further measure to control restricted dog breeds and crosses in the Shire.

 

 

 

 


ITEM 10.1         SF1031          150109      Policy Review - Waste Collection Service - Availability Conditions

(Item 10.1 in the General Purpose Committee)

914/09 Resolved:         (Flack/Court)

 

5        That Council adopt the amended Policy for Waste Collection Services – Availability Conditions.

 

915/09 Resolved:         (Moran/Ainsworth)

 

6        That the policy be amended so that the distance criterion in Section 4.1.2 be reduced at the discretion of the General Manager.

 

 

 

 


ITEM 10.2         SF1031          150109      Policy Review - Public Gates and Motor Bypass (Grids)

(Item 10.2 in the General Purpose Committee)

916/09 Resolved:         (Flack/South)

 

1        That Item (d) be changed to provide as follows, “(d) steel construction is preferred”. 

 

 

917/09 Resolved:         (Ainsworth/Moran)

 

2        That wherever possible a bypass gate must be installed and maintained to an acceptable level.

 

918/09 Resolved:         (Flack/Court)

 

3        That Council adopt the Public Grates and Motor Bypass (Grids) Policy as amended an allow six months from the date of adoption for compliance.

 

 

 

 


ITEM 10.3         PRF53           150109      River Street, Macksville - Landscaping Riverbank  

(Item 10.3 in the General Purpose Committee)

Motion:      (Court/Ainsworth)

 

That a landscape architect be engaged to prepare a landscape design for the riverbank at River Street, Macksville incorporating:

 

  • The construction of a top level footpath which is shaded by suitable trees
  • The extensions of the cycleway along the lower level
  • The construction of a viewing wharf
  • Placement of picnic tables with shade shelters and
  • Local native plants/trees as features of the area.

 

Amendment:       (Flack/Finlayson)

 

That the landscape architect be asked to address:

·                                 Trip hazards and pedestrian access along the top section

  • Extension of the cycleway/walkway
  • Placement of picnic tables with shade trees
  • Local native plants/trees as features of the area.

 

Further, the engagement to prepare the landscape design be undertaken in consultation with Joan’s Army and Council staff and that a draft design be referred to Council for endorsement prior to exhibition.

 

The amendment became the motion and it was:

 

919/09 Resolved:         (Flack/Finlayson)

 

1        That the landscape architect be asked to address:

·                                 Trip hazards and pedestrian access along the top section

  • Extension of the cycleway/walkway
  • Placement of picnic tables with shade trees
  • Local native plants/trees as features of the area.

 

          Further, the engagement to prepare the landscape design be undertaken in consultation with Joan’s Army and Council staff and that a draft design be referred to Council for endorsement prior to exhibition.

 

920/09 Resolved:         (Moran/Ainsworth)

 

2        That Council investigate a grant to provide a boardwalk from the Macksville CBD along Tillywilly Creek to the concrete works with access through to McKay Street.

 

 

 

921/09 Resolved:         (Moran/Court)

 

3        That the Director Engineering Services enquire with the Department of Public Works about the opportunities to remove or refurbish the river gauging station in River Street, Macksville which is an unattractive brick bunker covered in graffiti.

 

 

 

 


ITEM 10.4         SF614            150109      Integrated Water Management Cycle (IWCM)

(Item 10.4 in the General Purpose Committee)

922/09 Resolved:         (Flack/Court)

 

1        That the information provided at the presentation on the Integrated Water Cycle Management (IWCM) Plan be noted.

 

923/09 Resolved:         (Court/Flack)

 

2        That Council request NSW Water Solutions to undertake further modelling based on a variety of population growth figures, including 1% growth and different capital costs so that Council may have a better appreciation of the sensitivity of projected water rates and developer contributions to changes in these variables.

 

 

 


    

ASKING OF QUESTIONS WITHOUT NOTICE

 

QWN213/09 - Cr. Anne Smyth - Nambucca Heads Surf Clubhouse Ownership (Ref SF1252)

In response to Cr Smyth’s question in regard to who owns the Nambucca Heads Surf Club building the Director Engineering Services advised that the Clubhouse is built on Crown Land which Council administers, however, Council does not own the building.

 

 

 

 


QWN214/09 - Cr. Paula Flack - Roadside Maintenance During Tourist Season (Ref SF1252)

Cr Flack enquired of the Director Engineering Services whether roadside maintenance whether there was scope that it be maintained by either spraying and mowing (eg on Rodeo Drive) depending on the season.  Cr Flack was concerned that spraying the roadside left vegetation looking unsightly particularly in high tourism time whereas if the roadside was mowed it would still look green.

 

The Director Engineering Services advised that all methods can be used and yes, there is scope to decide what method is most suitable for particular roads.

 

 

 

 


QWN215/09 - Cr. Michael Moran - Traffic Hazard - Intersection of Rodeo Drive with Wirrimbi Road (Ref SF1252)

In response to Cr Moran’s concern regarding the traffic hazard caused by high vegetation growth around this intersection the Director Engineering Services advised that the slope mower will be used to clean up this intersection and that Council has approval to go into the adjoining private property to mow a strip along the boundary.


ASKING OF QUESTIONS WITHOUT NOTICE continued

 

QWN216/09 - Cr. Michael Moran - Maras Creek Bridge - Dangerous Potholes (Ref SF1252)

In a request from Cr Moran the Director Engineering Services agreed to inspect the potholes adjoining the bridge over Maras Creek on Taylors Arm Road.

 

 

 

 


QWN217/09 - Cr. John Ainsworth - Roadside Maintenance - Width of Mowing Strip (Ref SF1252)

Cr Ainsworth enquired if the mowing strip along roads is getting narrower to which the Director Engineering Services responded that as from the start of the current contract (30 June 2008) there had been a reduction to the amenity side to one run (1.5 metres).

 

 

 

 

 

 

 

 


COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

924/09 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  .1       176/2009            150109      T050/2008 - Congarinni North Road Bridge - Tender to Strengthen the Existing Structure

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) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

 

 

 


 


For Confidential Business Paper in Closed Meeting

ITEM  .2       274/2009            150109      Expression of Interest to Operate the Macksville Memorial Aquatic Centre

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) (g) 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; AND 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 8.37 pm.

 

 

 

 

RESUME IN OPEN MEETING

RECOMMENDATION:

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at  8.47 pm

 

 

 

FROM COUNCIL IN CLOSED MEETING

 

Director Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 13.1    176/2009            150109      T050/2008 - Congarinni North Road Bridge - Tender to Strengthen the Existing Structure

925/09 RESOLVED:         (Moran/Ainsworth)

 

1        That Council not accept any tender for Contract No T050/2008, Strengthening of Congarinni North Road Bridge.

 

2        That a report be submitted Council on the cost effectiveness of other repair options and the future of the Bridge generally.

 

 

 



For Confidential Business Paper in Closed Meeting

Cr Finlayson left the meeting at 8.45 pm and returned at 8.47 pm.

ITEM 13.2    274/2009            150109      Expression of Interest to Operate the Macksville Memorial Aquatic Centre

926/09 Resolved:         (Flack/Ainsworth)

 

1        That the information on the current leasing status of the Macksville Aquatic Centre be received.

 

2        That the Expression of Interest presented to Council by M & G Cummings with respect to the management of the Macksville Memorial Aquatic Centre and dated 6 June 2008 be received.

 

 

 

 


 

 

 

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 5 February 2009.

 

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)