NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 19 February 2009

 

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 Anne Smyth

Cr Elaine South

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Bruce Redman (Director Engineering Services)

Greg Meyers (Director Environment & Planning)

Monika Schuhmacher (Minute Secretary)

 

 

PRAYER

 

Reverend Gill Jones from the Anglican Church Macksville offered a prayer on behalf of the Nambucca Minister's Association.

 

 

Ordinary Council Meeting

 

SUBJECT:   DISCLOSURE OF INTEREST

 

Councillor R Hoban declared a pecuniary interest in Item 11.4 (Item 9.1 GPC 18 February 2009)  (Report on DA 2009/049 for Consideration - Retail Shopping Centre including Supermarket, Discount Department Store and Thirty One (31) Speciality Shops, Advertising Pole Sign and Associated Car Parking) under the Local Government Act as she has an immediate family member (dependent daughter living at home) who works part-time for a rival supermarket, and left the meeting for this item.

 

Councillor JA Ainsworth declared a pecuniary interest in Item 9.2 (Report on Endorsement of Rural-Residential Strategy by Department of Planning) under the Local Government Act he is a land owner in release area and left the meeting for this item.

 

Councillor JE Court declared a pecuniary interest in Item 11.6 (Item 9.3 GPC 18 February 2009) (Report on State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and the NSW Housing Code (December 2008)) under the Local Government Act and and left the meeting for this item.

 

Councillor PF Flack declared a pecuniary interest and a non-pecuniary insignificant conflict of interest in Item 11.4 (Item 9.1 GPC 18 February 2009)  (Report on DA 2009/049 for Consideration - Retail Shopping Centre including Supermarket, Discount Department Store and Thirty One (31) Speciality Shops, Advertising Pole Sign and Associated Car Parking) under the Local Government Act as i) she has two family member employed at Macksville Foodworks which is potentially affected by the proposal and ii) the Nambucca Valley Conservation Association of which Cr Flack is a voluntary member lodged a submission opposing the proposal. Cr Flack was president of the Association at the time submission was made. Cr Flack left the meeting for this item.

 

Councillor PF Flack declared a non-pecuniary significant conflict of interest in Item 9.6 (Update Report on Land and Environment Court Action - DA 2004/136 - East West Road, Valla) under the Local Government Act as she is a volunteer member of the Nambucca Valley Conservation Association which is pursuing this legal action, and left the meeting for this item.


Councillor AM Smyth declared a non-pecuniary insignificant conflict of interest in Item 11.4 (Item 9.1 GPC 18 February 2009)  (Report on DA 2009/049 for Consideration - Retail Shopping Centre including Supermarket, Discount Department Store and Thirty One (31) Speciality Shops, Advertising Pole Sign and Associated Car Parking) under the Local Government Act as i) she is a voluntary member of the Nambucca Valley Conservation Association who have a submission in this matter and ii) she is negotiating a private real estate transaction which involves consultation with the Nambucca Local Aboriginal Land Council.

 

Councillor AM Smyth declared a non-pecuniary significant conflict of interest in Item .6 (Update Report on Land and Environment Court Action - DA 2004/136 - East West Road, Valla) under the Local Government Act as i) she is a voluntary member of the Nambucca Valley Conservation Association, a party to the proceedings.

 

 

 


 

SUBJECT:   CONFIRMATION OF MINUTES – ORDINARY Meeting of Council 5 February 2009

987/09 RESOLVED:         (Flack/Ballangarry)

 

That the minutes of the Ordinary Meeting of Council of 5 February 2009 be confirmed subject to the following amendments:

 

·                     Page 3      Item 9.2   Cr Flack advised that the resolution should read “That Council staff prepare a funding application for solar hot water and rainwater tanks to be plumbed into the bathrooms for the Council Administration building if it is fully funded and meets grant criteria.”

·                     Page 14    QWN226/09 was a question from Cr Smyth not Cr South.

 

·                     Page 15    QWN230/99 heading should read “Riverbank erosion on Bank near Kings Point, Taylors Arm Bridge”.

 

 

 

 


DELEGATIONS

988/09 Resolved:         (Ainsworth/Ballangarry)

 

That the following delegations be heard:

 

A       ITEM 11.4 (9.1)      Report on DA 2009/049 for Consideration - Retail Shopping Centre including Supermarket, Discount Department Store and Thirty One (31) Speciality Shops, Advertising Pole Sign and Associated Car Parking

                   i)        Pekko Likio—in favour of development

                   ii)       Dean Irvine—Objector

                   iii)      Luke Mackenzie—Objector

                   iv)      Garry Fielding—Town Planner for applicant

 

B       ITEM 11.5 (9.2)      DA 2008/267 - Proposed Industrial Complex for Manufacturing Buses, Plus Ancillary Facilities - Lot 1046 DP 826440, 14 Harrimans Road, Macksville

                   i)        Sandra Sutton—Objector

                   ii)       Geoff Smyth—in favour

                   iii)      Paul Hoffman—in favour

 

C       ITEM 11.6 (9.3)      Report on State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and the NSW Housing Code (December 2008)

                   i)        Bob Barron—in favour of 5 metre height limit

                   ii)       Angie Evans—in favour of 5 metres height limit

                   iii)      Colin Harding—objecting to 5 metre height limit

 

Cr Hoban and Cr Flack left the meeting for this item the time being 5.37 pm and returned at 6.16 pm following the conclusion of this item.

 

A      

i)        Mr Irvine addressed Council making the following points:

  • Owns two jewellery stores, Nambucca Heads and Kempsey
  • Has a broad management experience background
  • Not concerned about competition
  • Representing only himself
  • The result of this development will not be in best interest of the community

 

989/09 Resolved:         (Court/Smyth)

 

That Mr Irvine be granted an extension of time in which to address Council.

 

  • This development would not decrease the number of people who now shop out of town.

 

 

ii)       Mr Mackenzie addressed Council making the following points:

  • Speaking on behalf of Plaza Chamber of Commerce
  • Proposal is flawed, lack of community consultation by the developer other than staff and Council
  • Catchment is too large to warrant another shopping centre
  • Assumption on true escape expenditure
  • Report does not assess economic impact
  • Net Community Benefit Test is not mentioned in report
  • Tabled copy of economic impact report
  • Large number of objections from Nambucca Shire residents
  • Serious impact on current shopping environment

 

 

iii)      Mr Likio addressed Council making the following points:

  • Population in Nambucca Valley will grow
  • Half way between two big cities
  • Land prices are increasing
  • Sydney siders moving to this Shire as still affordable
  • Infrastructure at Nambucca Heads is constantly changing
  • Businesses around the Post office thrive more than those business further away
  • Development will provide jobs for our young people
  • Does development need to include a community hall-existing hall not used enough
  • A little elephant is better than a white elephant
  • RTA needs to take into consideration traffic movement (roundabout)

 

990/09 Resolved:         (Ballangarry/Court)

 

That Mr Likio be granted an extension of time in which to address Council.

 

  • Elderly restricted to shop Plaza as cannot access main shopping in Nambucca Heads
  • Current bushfire danger where development is proposed—clearing for development will assist in lessening this threat.
  •  

 

iv)       Mr Gary Fielding to speak on behalf of applicant:

  • Very sound comprehensive report presented to Council
  • Portion of site zoned for general business purposes
  • Proposed use is permitted under this zone
  • Development does not touch on environmental zone
  • Proposal complies with all development control plans
  • Sufficient car parking,   complies with statutory height limit, etc
  • Escape expenditure – reducing from Nambucca Shire to Kempsey and Coffs Harbour
  • Stressed importance of S79d of Act is addressed
  • Strongly urge Council to adopt recommendation.

 

Mr Field tabled letter from Andrew Stoner MP Member for Oxley.  The General Manager read the letter to Council.

 

ITEM 11.4         DA2009/049   190209      Report - Retail Shopping Centre including Supermarket, Discount Department Store & 31 Speciality Shops, Advertising Pole Sign & Associated Car Parking (Item 9.1 in the General Purpose Committee)

991/09 Resolved:         (Moran/Smyth)

 

That this matter be deferred in order to discuss, as a matter of urgency, the Bellwood Road/Pacific Highway intersection with the RTA and the proponents.

 

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

 

Motion:      (Smyth/Court)

 

That Council engage an independent retail consultant to report on the economic impact of the proposal.

Motion was lost.

 

 

 


DELEGATIONS continued

 

B       ITEM 11.5 (9.2)      DA 2008/267 - Proposed Industrial Complex for Manufacturing Buses, Plus Ancillary Facilities - Lot 1046 DP 826440, 14 Harrimans Road, Macksville

 

i)        Ms Sandra Sutton addressed Council making the following points:

·                This development should be housed in the industrial estate

·                Visual impact is of great concern to residents nearby

·                Expansion can be expected and will increase noise

·                Could be replaced by another incompatible industry at some later stage

·                Particularly affected by 1/100 year flood

·                Sewerage may leach into river system at times of floods

·                No filtration buffer marked

·                Birdlife dependent on riverbank—some endangered species flora & fauna

 

 

ii)       Geoff Smyth addressed Council making the following points:

·                Most technical elements discussed on site at GPC meeting 18/2/09

·                All major concerns have been addressed

·                Can do flora and fauna studies

·                Can overcome constraints such as stormwater

·                There will be some impacts as with any development

·                Council report does not stipulate impact is unsurmountable

·                Prepared to provide further clarification if required

·                Approval should be supported subject to conditions

·                Insufficient land available in the industrial area currently zoned and available


 

iii)      Paul Hoffman addressed Council making the following points:

·                Provided overview of Express Coaches growth in last six years

·                Currently 34 trainees and apprentices

·                Targeting 16 year old year 10 school leavers with no transport

·                43% increase in use of public transport across Australia

·                If we don’t keep up the manufacture and move forward quickly, Australia will see inferior imports take over

·                Expected employment of 150 staff

·                Needs large flat site

·                Addressing Federal Government’s greening process

·                Will address flora and fauna and supports the visual impact

 

ITEM 11.5         DA2008/267   190209      DA 2008/267 - Proposed Industrial Complex for Manufacturing Buses, Plus Ancillary Facilities - Lot 1046 DP 826440, 14 Harrimans Road, Macksville (Item 9.2 in the General Purpose Committee)

992/09 RESOLVED:         (Ainsworth/Finlayson)

 

That Council defer the determination of DA 2008/267 and write to the applicant advising that Council requires that within three months they provide sufficient additional information to address the deficiencies outlined in the report to enable Council to assess the application.  Further, that Staff are to identify and refer those deficient areas to the applicant.  Further, following the three months a final report be prepared for Council consideration based on the information provided including a full list of draft conditions should Council resolve to approve the application.  The deficiencies to be addressed are noise issues,  run off,  visual impacts,  private sewer line, flora and fauna,  bulk of buildings and a more comprehensive assessment of alternative sites.

 

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

 

 

 

 


DELEGATIONS continued

 

C       ITEM 11.6 (9.3)      Report on State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and the NSW Housing Code (December 2008)

 

Cr Court left the meeting prior to the commencement of this item at 6.50 pm and returned at 7.50 pm following the conclusion of this item.

 

i)        Mr Bob Barron addressed Council making the following points:

·                There is no one associated with himself (Mr Barron) who goes around poisoning trees

·                According to plans bottom of building is under 5 metres

·               Tabled coloured photographs showing four properties along eastern side of Matthew Street which conform to height limit

·               Tabled another design for property inspected on 18/2/09 – showing a design of a house within the height limits—plans were later withdrawn.

 

993/09 Resolved:         (Flack/Ballangarry)

 

That Mr Barron be granted an extension of time in which to address Council.

 

 

·                Council provided with copies of petition—do people read what they sign

·                Have obtained their signatures—tabled petition

·                Make decision in terms of present policy of 5 m height policy.


 

ii)              Ms Angie Evans addressed Council making the following points

·                Spoke on behalf of Scotts Head Community Group

·                It is not only about the views, but also about the local character of Scotts Head village

 

 

iii)             Mr Colin Harding addressed Council making the following point:

·               Residents on the lower side of Matthew Street should be allowed to build to the same height as others in the same street.

 

ITEM 11.6         SF669            190209      Report on State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and the NSW Housing Code (December 2008) (Item 9.3 in the General Purpose Committee)

Motion:      (Flack/Smyth)

 

That Council apply to the Department in order to retain the 5 metre height limit

 

RESOLVED  (Finlayson/Ainsworth)

That the motion be put.

The motion was LOST.

 

FOR the Motion were: Councillors Flack and Smyth.  Total (2)

AGAINST the Motion were: Councillors Ballangarry, Finlayson, Ainsworth, Moran, South and Hoban.  Total (6)

 

994/09 Resolved:         (Finlayson/South)

 

That Council commission an independent place based study of the north-east side of Matthew Street to report back to Council regarding height limits and seek a variation to keep the height limit at 5 metres until this study is completed, with Council making a submission to the Department, before the deadline of 27 February 2009

 

FOR the Motion were: Councillors Ballangarry, Flack, Smyth, Finlayson, South and Hoban. Total (6)

AGAINST the Motion were: Councillors Ainsworth and Moran. Total (2)

 

 

The meeting adjourned at 7.50 pm and recommenced at 8.15 pm.

 

 

 


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 Report

ITEM 8.1      SF959                190209      Outstanding Actions and Reports January 2009

995/09 RESOLVED:         (Moran/Flack)

 

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

 

 

 

 


ITEM 8.2      SF256                190209      Department of Local Government Circular No 08/22 - Councillor Development Strategy

996/09 RESOLVED:         (Moran/Court)

 

1        That Council note the attendance at the post election one day seminar conducted by the Department of Local Government.

 

2        That Councillors provide the General Manager with any feedback in relation to the content and delivery of the induction program.

 

3        That Councillors provide the General Manager with advice as to whether they require further training in any aspect of their duties.

 

4        That the Department of Local Government be advised of this report and its minute.

 

 

 


997/09 Resolved:         (Flack/Court)

 

That Council deal with Item 8.4 before Item 8.3 as affected parties were returning to the gallery waiting for Council’s decision and were advised that the adjournment would be later.

 

 

ITEM 8.4      SF35                  190209      Delegation of Authority - General Manager

Motion:      (Ainsworth/Moran)

 

That Council delegate authority to the General Manager to perform functions in accordance with the list dated 19 February 2009 with the addition that

 

Amendment:       (Flack/Finlayson)

 

That the matter be deferred until Councillors have had the opportunity to compare old and new delegations with the changes highlighted.

 

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

 

998/09 Resolved:         (Flack/Finlayson)

 

That the matter be deferred until Councillors have had the opportunity to compare old and new delegations with the changes highlighted.


 

ITEM 8.3      LF1960               190209      Right of Carriageway Dispute - 137 Boat Harbour Road

999/09 RESOLVED:         (Flack/Court)

 

That Council extinguish the right of carriageway which benefits “Harbour Road” on Lot 712 DP 630344, Boat Harbour Road, Utungun and that, if required, Council’s seal be attached to relevant documents.

 

 

 


ITEM 8.5      SF35                  190209      Delegation of Authority - Mayor

1000/09 RESOLVED:       (Smyth/South)

 

That Council delegate authority to the Mayor to perform functions in accordance with the list dated 19 February 2009 as amended.

 

 

 

 

 


ITEM 8.6      SF1301              190209      Delegations of Authority - Community Based Section 355 Committees

1001/09 Resolved:       (Smyth/Flack)

 

That this item be deferred so that Councillors have the opportunity to provide comments to staff.

 

 

 

ITEM 8.7      SF1031              190209      Records Management Policy and Plan

1002/09 Resolved:       (Moran/Ainsworth)

 

That Council adopt the attached Records Management Policy and Plan.

 

1003/09 Resolved:       (Ainsworth/Moran)

 

That a report come back to Council on its capacity to keep electronic information long term and in a fail safe condition.

 

 

 

 


ITEM 8.8      SF1031              190209      Policy Review - Internal Disclosure (Confidential) Procedures

1004/09 RESOLVED:       (Moran/Flack)

 

That Council adopt the Internal Reporting Policy for Nambucca Shire Council in place of the existing policy on Internal Disclosure (Confidential) Procedures.

 

 


 


ITEM 8.9      SF355                190209      Tabling of Returns Disclosing Interests of Councillors and Designated Persons

1005/09 RESOLVED:       (Moran/Flack)

 

That the returns disclosing interests of Councillors and designated persons be tabled.

 

 

 


ITEM 8.10    SF394                190209      Report on Investments to 31 January 2009

1006/09 RESOLVED:       (Moran/Ainsworth)

 

That the Accountants’ Report on Investments placed to 31 January 2009 be noted.

 

 

 


ITEM 8.11    SF247                190209      Nambucca Heads Sewerage Augmentation - Delay in Advice on Subsidy under the Country Towns Water Supply and Sewerage Scheme

1007/09 RESOLVED:       (Moran/Court)

 

That Council make further representations to the Minister for Water seeking a response to its Stage 2 application for subsidy for the Nambucca Heads Sewerage Augmentation Project.

 

 

 

 


General Manager Report – LATE REPORT

 

ITEM 8.12    SF639                190209      Review of Organisation Structure

1008/09 RESOLVED:       (Flack/Court)

 

That within Council’s organisation structure the position of part-time (21 hours per week) Finance Officer be amended to a full-time (35 hours per week) Trainee Finance Officer.

 

 

ITEM 8.13    SF24                  190209      Victorian Bushfire Appeal - Council Donation

1009/09 RESOLVED:       (Moran/Flack)

 

1        That Council donate the sum of $1111 to the Victorian Bushfire Appeal, matching the amount raised and donated by Nambucca Shire Council Staff and that the staff be congratulated on their effort.

 

2        That the donation be sent directly to the Victorian Bushfire Appeal in accordance with the Premier of Victoria’s request.


Director Environment and Planning Report

ITEM 9.1      SF1261              190209      DEP Applications & Statistical Reports Jul 08-Jan 09 & DAs and CDAs Received & Determined under Delegated Authority to 10 February 2009

1010/09 RESOLVED:       (Flack/Moran)

 

1          That Council note development application statistics and processing times for July 2008-January 2009 compared with July 2007-January 2008.

 

2          That Council note development application statistics and processing times for the years 2002 to 2009.

 

3          That Council note the statistical breakdown of development applications thus far for the financial year 1 July 2008-31 January 2009.

 

4          That Council note the statistical information for Certificates received by Council for 2004-2009.

 

 

 


Cr Ainsworth left the meeting prior to the commencement of this item at 8.55 pm and returned at 9.08 pm following the conclusion of this item.

ITEM 9.2      SF529                190209      Report on Endorsement of Rural-Residential Strategy by Department of Planning

1011/09 RESOLVED:       (Moran/Court)

 

1          That Council note that the Department of Planning have endorsed the Nambucca Shire Rural-Residential Land Release Strategy subject to some minor alterations and qualifications as outlined in their letter dated 16 January 2009.

 

2          That a media release be issued regarding the endorsement of the Nambucca Rural-Residential Land Release Strategy.

 

1012/09 Resolved:       (Hoban/Finlayson)

 

3        That Council authorise the Mayor to advise the Minister that Council does not support restricting R5 to only short term release.

 

 

 


Note:  Cr South left the Chambers.

 

ITEM 9.3      SF1148              190209      Contract Regulatory Officer's Report - January 2009

1013/09 RESOLVED:       (Moran/Court)

 

That the report from the Contract Regulatory Officer for January 2009 be received and noted by Council.

 

 

 


Note:  Cr South returned to the Chambers.


 

ITEM 9.4      SF1268              190209      Report on Funding for Our Living Coast Project

1014/09 RESOLVED:       (Flack/Moran)

 

That Council note the successful joint funding application between Nambucca Shire Council, Bellingen Shire Council and Coffs Harbour City Council of $1,998,820 over three years for the Our Living Coast project under the NSW Environmental Trust Urban Sustainability Program.

 

 

 

 


ITEM 9.5      SF1261              190209      Outstanding Development Applications more than 12 months old & Applications where Submissions have been received & not determined to 10 February 2009

1015/09 RESOLVED:       (Flack/Finlayson)

 

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.

 

 

 


Councillors Flack and Smyth left the meeting prior to the commencement of this item at 9.16 pm and returned at 9.20 pm following the conclusion of this item.

ITEM 9.6      DA2004/136        190209      Update Report on Land and Environment Court Action - DA 2004/136 - East West Road, Valla

1016/09 RESOLVED:       (Moran/Ainsworth)

 

1          That Council endorse the engagement of Deacons to attend the Call-over on 6 February 2009.

 

2          That as the applicant has gained Legal Aid and the matter is now likely to go further, Council engage Deacons to represent it in these proceedings.

 

3          That Council note the Short Order of Minutes and the tight timeframes in regard to this Class 4 Action against Council in relation to DA 2004/136.

 

 


 


ITEM 9.7      SF1266              190209      Report - Minutes - Nambucca River Estuary & Coastline Management Committee Meeting - 11 February 2009

MOTION       Moran/Ainsworth

 

That Council endorse the recommendation from the Nambucca River Estuary and Coastline Management Committee meeting held on Wednesday, 11 February 2009 to seek access to flood study information and intellectual data from SKM/RTA that they have developed in the preparation of flooding considerations for the Pacific Highway upgrade at Macksville.

 

Amendment:       (Flack/Court)

 

That Council deal with recommendations individually.

 

The amendment became the motion and it was:

 

1017/09 Resolved:       (Flack/Court)

 

That Council deal with recommendations individually

 

1018/09 Resolved:       (Court/Flack)

 

1        That Council endorse the recommendation from the Nambucca River Estuary and Coastline Management Committee meeting held on Wednesday, 11 February 2009 to seek access to flood study information and intellectual data from SKM/RTA that they have developed in the preparation of flooding considerations for the Pacific Highway upgrade at Macksville.

 

Amendment:       (Flack/Smyth)

 

That Council deal with membership applications separately.

The amendment was LOST.

 

1019/09 Resolved:       (Ainsworth/Finlayson)

 

2          That Council endorse the recommendations from the Nambucca River Estuary and Coastline Management Committee meeting held on Wednesday, 11 February 2009 for the appointment of memberships to the Committee.

 

1020/09 Resolved:       (Flack/Smyth)

 

3        That Council amend the constitution to create a position on the Committee so that Gordon Park Rainforest Walk Committee of Management has a member and an alternate delegate represented on the Committee.

 

1021/09 Resolved:       (Court/Flack)

 

4          That Council endorse the recommendation from the Nambucca River Estuary and Coastline Management Committee meeting held on Wednesday, 11 February 2009 for the issue of an invitation for representatives from the Nambucca River Users Group to formally thank them for their contribution for their clean-up of the Nambucca River and estuaries.

 

1022/09 Resolved:       (Court/Flack)

 

5          That the remaining minutes of the Nambucca River Estuary and Coastline Management Committee meeting held on Wednesday, Wednesday, 11 February 2009 be endorsed.

 

 



Director Engineering Services Report

ITEM 10.1    SF283                190209      Administration Centre - Compliance with Disability Requirements

1023/09 RESOLVED:       (Flack/Ballangarry)

 

That the report be presented to the Access Committee seeking their input into the priority for building modifications to the Council’s Administration Centre.

 

 

 

 


ITEM 10.2    SF844                190209      Nambucca District Water Supply Steering Committee Meeting - 4 February 2009

1024/09 RESOLVED:       (Ainsworth/Finlayson)

 

1            That Council adopt the minutes of the Steering Committee Meetings held on 4 February 2009.

 

2            That the General Manager be delegated authority to negotiate the $30K variation for NSW Water Solutions (Roshan) to complete a sensitivity analysis on the IWCM Strategy Financial Model using a 1% growth rate.

 

 

 

 


ITEM 10.3    SF768                190209      Congarinni Road North Bridge

1025/09 RESOLVED:       (Court/Moran)

 

1        That Council repair Congaranni Road North Bridge as per Option 3 (Replace 3 of the 8 spans using timber girders, place a concrete modular deck over the full length and attach guardrail in the 2009/2010 budget with new funding at $510,000 and that the load limit be retained for ten (10) tonnes.

 

2        That the bitumen resealing budget be increased by $450,000 to allow 2009/2010 works to be brought forward utilising the funds allocated for Congarinni Road North Bridge.

 

 

 

 


ITEM 10.4    SF924                190209      Future Bridge Program

1026/09 RESOLVED:       (Ainsworth/Moran)

 

That the proposed bridge replacement program for 2009/2010 be carried forward to the Draft Budget for consideration against other asset needs.

 

 

 


 


General Purpose Committee REPORT

ITEM 11.1         SF1244          190209      December 2008 Budget Review (Item 8.1 in the General Purpose Committee)

1027/09 Resolved:       (Flack/Moran)

 

1        That Council write to Country Energy concerning the energy which is being wasted with street lighting at the Pearl Estate off the Pacific Highway at Valla, pointing out there are no houses in the estate and the road is blocked preventing access

 

1028/09 Resolved:       (Ainsworth/Finlayson)

 

2        That the budget review for the quarter ended 31 December 2008 be received.

 

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

 

4        The $5,500 request from Mimi Mothers not be supported because a donation of this quantum should not be included in a quarterly review, but will be considered in the draft budget for 2009/2010.

 

5        The Mayor, Director Engineering Services and Manager Water and Sewerage meet with the Department of Commerce in relation to their claim for $200,000 variation to the IWCM Strategy.

 

 

 

 


ITEM 11.2         SF820            190209      Quarterly Review - Performance Targets Achievements to 31 December 2008 (Item 8.2 in the General Purpose Committee)

1029/09 RESOLVED:       (Court/Ainsworth)   

 

That Council note the extent to which the Performance Targets have been achieved for the quarter to 31 December 2008.

 

 

 

 


ITEM 11.3         SF939            190209      Draft Management Plan - 2009/2029 (Item 8.3 in the General Purpose Committee)

1030/09 RESOLVED:       (Flack/Finlayson)   

 

That Council defer the Draft 2009/2029 Management Plan with Councillors to provide any comments to the relevant Director before the March General Purpose Committee meeting.

 

 

 


ITEM 11.4 was dealt with under Delegations. (Item 9.1 in the General Purpose Committee)

 

 


ITEM 11.6 was dealt with under Delegations. (Item 9.2 in the General Purpose Committee)

 


 


ITEM 11.6 was dealt with under Delegations. (Item 9.3 in the General Purpose Committee)

 

 


ITEM 11.7         PRF15           190209      Coronation Park - New Amenities (Item 10.1 in the General Purpose Committee)

1031/09 Resolved:       (Flack/Ainsworth)

 

1        That detailed plans, specifications and proposed finishes be finalised for the two separate buildings and one combined building and tenders be called for the two separate buildings and the one combined building.

 

1032/09 Resolved:       (Flack/Ainsworth)

 

2        That upon receipt of the tenders Council determine which option to pursue.

 

 

1033/09 Resolved:       (Ainsworth/Court)

 

3        That due to the time constraints for this proposal the tender period be for 3 weeks only with all tenderers being required to nominate commencement and completion dates for the project.

 

 

 


ASKING OF QUESTIONS WITHOUT NOTICE

 

QWN234/09 - Cr. Janet Court - Business Paper - Insufficient Reading Time (Ref SF1297)

In a question from Cr Court regarding if there was a better process to deal with the overwhelming amount of reading required in a short period of time before a Council meeting the Mayor suggested that Councillors may provide ideas on improvements,

 

Cr Flack suggested that items scheduled for Ordinary Council meeting which required more deliberation be scheduled for a General Purpose Committee meeting instead to allow for extra time and that matters be circulated by memo for comment prior to listing in business paper.

 

The General Manager reminded Councillors that Questions Without Notice should not be of an operational nature.

 

 

QWN235/09 - Cr. Anne Smyth – Councillors Newsletter

Cr Smyth thanked the General Manager for the weekly edition of the Councillors Newsletter—she found the information most useful.

 

 

QWN236/09 - Cr. Michael Moran - Coronation Park - Sale of Land (Ref SF1297)

Cr Moran enquired as to the sale of a piece of reserve land at Coronation Park to which the Director Environment and Planning advised that this was reported to Council after a public hearing.

 


 

QWN237/09 - Cr. Elaine South - Netball Courts, Macksville (Ref SF1297)

In a question from Cr South regarding the completion of the construction of the new netball courts in Macksville, the Director Engineering Services advised that the hold up with construction has been mainly due to the wet weather and that the courts may not be ready for the next netball season.

 

 

 

 

 

 


COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

1034/09 Resolved:       (Ainsworth/Moran)

 

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 12.1    3228/2009           190209      Tender for Sturdee Street Sewer Reticulation - Kings Point, Macksville

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.

 

 

 


 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 9.55 pm.

 

 

 

 

 


RESUME IN OPEN MEETING

1035/09 Resolved:       (Flack/Ainsworth)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 10.02 pm.

 

 


FROM COUNCIL IN CLOSED MEETING

 

Director Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    3228/2009           190209      Tender for Sturdee Street Sewer Reticulation - Kings Point, Macksville

1036/09 RESOLVED:       (Moran/Ainsworth)

 

1        That Council allocates an additional $110,000.00 from reserve funds into the current budget for the Sturdee Street sewerage reticulation works.

 

2        That Council accept the alternative tender from Northpipe Constructions.

 

 

 

 


 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 10.03 pm. 

 

Confirmed and signed by the Mayor on 5 March 2009.

 

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)