NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 19 March 2009 COMMENCING AT 5.30PM

 

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)

Bruce Redman (Director Engineering Services)

Greg Meyers (Director Environment & Planning)

Lorraine Hemsworth (Minute Secretary)

 

 

PRAYER

 

Reverend David Hanger, Nambucca Heads Anglican Church offered a prayer on behalf of the Nambucca Minister's Association.

 

 

Ordinary Council Meeting

 

 

SUBJECT:   DISCLOSURE OF INTEREST

 

There were no disclosures of interest received.

 

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 5 March 2009

1065/09 RESOLVED:       (Moran/Flack)

 

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

 

·                     Page 12 – change Waratah Street, Nambucca Heads to Wallace Street, Scotts Head.

 

 

 


  

DELEGATIONS

1066/09 RESOLVED:       (Ainsworth/Moran)

 

That the following delegations be heard:

 

A       ITEM 9.5      SF791          190309         Nambucca Shire Land Development Committee Meeting Minutes - 05 March 2009

 

          i)        Gayle Keenan – President Nambucca Valley Bridge Club

          ii)       Trevor Keast – President E J Biffin Playing Fields Committee of Management

 

 

B       ITEM 11.1    SF1031        190309         Roadside Maintenance

 

          i)        Joy Lane – Concerned resident

 

 


Delegations:

A       i)       Gayle Keenan – President Nambucca Valley Bridge Club

                  Mrs Keenan spoke to a prepared paper.

        

ii)            Trevor Keast – President E J Biffin Playing Fields Committee of Management

Mr Keast made the following comments:

 

·                  At the Annual General Meeting it was resolved to support the Nambucca Bridge Club in their endeavour to acquire land at the E J Biffin Playing Fields

·                  Great area for Club house to be built

 

 

ITEM 3 of ITEM 9.5                 SF791       190309     Nambucca Shire Land Development Committee Meeting Minutes - 05 March  2009

1066/09 RESOLVED:       (Court/Flack)

 

That Item 3 of Item 9.5 (pages 31 and 32) be bought forward from the Minutes of the Nambucca Land Development Committee Meeting held on 5 March 2009.

 

 

1067/09 Resolved:       (Court/Flack)

 

ITEM 3 - PROPOSED SUBDIVISION OF E j BIFFIN PLAYING FIELDS AND THE PROPOSED SALE OF AN ALLOTMENT TO NAMBUCCA VALLEY BRIDGE CLUB

 

Council sell to the Nambucca Valley Bridge Club proposed lot 21 being a subdivision of Lot 2 in DP 1004209 for a purchase price of not less than $23,600 on terms mutually agreeable to Nambucca Shire Council and the Nambucca Valley Bridge Club.

 

That Council ratify the proposed terms to be included in the restrictions on use of land, being proposed lot 21 being a subdivision of lot 2 in DP 1004209, and the proposed terms of contract for sale of land and instruct Council’s solicitor Mr Terry Perkins to draft the proposed contract accordingly, subject to any other terms and conditions deemed necessary by Mr Perkins to give effect to the sale.

 

That Council authorise the General Manager and/or the Mayor to conclude negotiations with the Nambucca Valley Bridge Club for the sale of the newly created allotment at the E J Biffin Playing Fields.

 

That Council authorise the General Manager and the Mayor to execute all necessary documents and affix the Council seal, including a contract for sale and transfer, to give effect to the sale of the proposed lot to the Nambucca Valley Bridge Club.

 

Note:  Cr Finlayson wished his vote be recorded against the Motion.

 

 


 

 


Delegations continued

 

B       i)        Joy Lane – Concerned resident

                   Mrs Lane spoke to a prepared paper.

 

ITEM 11.1    SF1031              190309      Roadside Maintenance

Motion:      Court/Ballangarry

 

1        That Council retain the existing policy for Roadside Maintenance.

 

2               That the petitioner be advised of Council’s decision.

 

Amendment:       (Ainsworth/Moran)

 

That Council reinforce the requirements of the contract with the contractor in regards to the Roadside Maintanence Policy.

 

The Amendment was carried and became the motion which was:

 

 

1068/09 RESOLVED:       (Ainsworth/Moran)

 

That Council reinforce the requirements of the contract with the contractor in regards to the Roadside Maintenance Policy.

 

 

NOTICE OF MOTION – CR Flack

ITEM 5.1      SF1269              190309      Notice of Motion - Request for Leave - 5 - 9 April 2009 - Cr Paula Flack 

1069/09 RESOLVED:       (Flack/Ainsworth)

 

That Cr Paula Flack be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 5 to 9 April 2009 inclusive.

 

 

 


NOTICE OF MOTION – CR Court

ITEM 5.2      SF1269              190309      Notice of Motion - Review of Section 94 Plan for Traffic Management in the Bellwood Area

1070/09 RESOLVED:       (Court/Flack)

 

That the Section 94 Plan for the Bellwood area be reviewed as a matter of urgency.

 

 

 

 



General Manager Report

ITEM 9.1      SF256                190309      Councillor Training and Development Policy

motion:      (Flack/Ainsworth)

 

1        That the Councillor Training and Development Policy be adopted.

 

2        That the format of the Councillor Training and Development Attendance Register be endorsed.

 

3        That Council consider an increase in Councillors training expenses from $1,500 to $2,500, and the Mayor’s from $1,500 to $3,500, in the draft budget for 2009/2010.

 

4        That all Councillors are encouraged to attend the Financial Skills and Planning Legislation workshops.

 

 

Amendment:       (Ainsworth/Flack)

 

1        That the Councillor Training and Development Policy be adopted.

 

2        That the format of the Councillor Training and Development Attendance Register be endorsed.

 

3        That Council consider an increase in Councillors training expenses from $1,500 to $2,500, and the Mayor’s from $1,500 to $3,500, in the draft budget for 2009/2010.

 

4        That all Councillors are encouraged to attend the Financial Skills and Planning Legislation workshops.

 

And that wording for 3.6 of the Councillor Training and Development Policy read as follows:

 

5        Councillors' attendance at a training or development activity that exceeds that Councillors allocation shall be authorised by resolution of Council.

 

The Amendment was carried and became the motion which was:

 

 

1071/09 RESOLVED:       (Ainsworth/Flack)

 

1        That the Councillor Training and Development Policy be adopted.

 

2        That the format of the Councillor Training and Development Attendance Register be endorsed.

 

3        That Council consider an increase in Councillors training expenses from $1,500 to $2,500, and the Mayor’s from $1,500 to $3,500, in the draft budget for 2009/2010.

 

4        That all Councillors are encouraged to attend the Financial Skills and Planning Legislation workshops.

 

And that wording for 3.6 of the Councillor Training and Development Policy read as follows:

 

5        Councillors' attendance at a training or development activity that exceeds that Councillors allocation shall be authorised by resolution of Council.

 

 

 

 

 


ITEM 9.2      SF1269              190309      Report on what staff numbers this Shire will "lose" and who they are in regard to the transferred sewerage and water utilities

1072/09 RESOLVED:       (Moran/Court)

 

That the information concerning, “what staff numbers this Shire will lose and who they are in regard to the transferred sewerage and water utilities”, be received.

 

 

 

 


ITEM 9.3      SF261                190309      Pacific Highway Upgrade - Warrell Creek to Urunga - Public Consultation by the Roads and Traffic Authority

1073/09 RESOLVED:       (Moran/South)

 

That the response from the Roads and Traffic Authority to the Mayor’s letter of 6 January 2009 be noted.

 

 

 

 

 


ITEM 9.4      SF959                190309      Outstanding Actions and Reports March 2009

1074/09 RESOLVED:       (Ainsworth/Moran)

 

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

 

 

1075/09 RESOLVED:       (Moran/Flack)

 

That Council raise the issue of lack of staffing hours at the Macksville Court House and also the lack of security to staff with the Department of Attonery General.

 

 

 


ITEM 9.5      SF791                190309      Nambucca Shire Land Development Committee Meeting Minutes - 05 March  2009

1076/09 RESOLVED:       (Ainsworth/Court)

 

That Council adopt the following minutes of the Nambucca Shire Land Development Committee Meeting held on 05 March 2009:

 

ITEM 1 – jellico street site remediation and sale schedule

 

1a      RECOMMENDATION:   On the Motion of Cr Moran seconded Cr Flack that the recommendations be dealt with separately.

 

1b      RECOMMENDATION:   On the Motion of Cr Moran seconded Cr Ainsworth that Council sell the consolidation of Lots 2/D and 3/D in DP 8264.

 

1c      RECOMMENDATION:   On the Motion of Cr Moran seconded Cr Finlayson that the property be listed for sale at $225,000 with the Mayor and GM being authorised to accept an offer above the agreed reserve price.

 

1d      RECOMMENDATION:   On the Motion of Cr Ainsworth seconded Cr Finlayson that Council go into Closed session to discuss the reserve price for the land on the grounds that the information would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposed to conduct) business.

 

1e      RECOMMENDATION:   On the Motion of Cr Flack seconded Cr Finlayson that Council go back into open meeting.

 

1f       RECOMMENDATION:   On the Motion of Cr Moran seconded Cr Smyth that there be a non-exclusive agency agreement with local real estate agents for the sale of the land with Council to also advertise the property for sale by way of a sign on the land and advertisement on Council’s web page.

 

1g      RECOMMENDATION:   On the Motion of Cr Flack seconded Cr Ainsworth that Council authorise the Mayor and General Manager to fix Council’s seal to any contracts or documentation.

 

 

ITEM 2 – PROPOSED SALE OF OLD GUMMA ROAD SANITARY DEPOT

 

2        RECOMMENDATION:   That the matter be deferred to allow for a proper investigation of the prior use of the sanitary depot.

 

 

ITEM 3 - PROPOSED SUBDIVISION OF E j BIFFIN PLAYING FIELDS AND THE PROPOSED SALE OF AN ALLOTMENT TO NAMBUCCA VALLEY BRIDGE CLUB

 

Dealt with under Delegations.

 

 

Item 4 –  NAMBUCCA HEADS INDUSTRIAL DEVELOPMENT AT LOT 1 IN dp 884337

 

4a      RECOMMENDATION:   On the Motion of Cr Finlayson seconded Cr South that the items be dealt with separately.

 

4b      RECOMMENDATION:   On the Motion of Cr Finlayson seconded Cr Ainsworth that the land remain unsubdivided and that Council invite expressions of interest for the purchase and development of the land.

 

4c      RECOMMENDATION:   On the Motion of Cr Ainsworth seconded Cr Moran that Council effect tree clearing of Lot 1 in DP 884337 in readiness for subdivision or sale and in accordance with the conditions detailed in the 7 part Threatened Species report.

 

4d      RECOMMENDATION:   On the Motion of Cr Hoban seconded Cr Ainsworth that a report come back to the Land Development Committee on the outcome of the advertising for expressions of interest for the purchase and development of the land.

 

 

 

 

 

Item 5 –  hyland park residential subdivision of lot 22 dp 1036142

 

5a      RECOMMENDATION:   On the Motion of Cr Ainsworth seconded Cr Finalyson that Council contract for tree felling and removal to prepare the land, being Lot 1 DP 1036142 for sale and/or further development works.

 

5b      RECOMMENDATION:   On the Motion of Cr Ainsworth seconded Cr Finalyson that Council, upon the land being cleared, invite tenders for the sale of Lot 1 DP 1036142 subject to the terms and conditions of the standard contract for sale of land in NSW and such other conditions deemed necessary by Council’s Solicitor to give effect to the sale.

 

5c      RECOMMENDATION:   On the Motion of Cr Ainsworth seconded Cr Finalyson that Council obtain a market valuation of Lot 1 DP 1036142 as an englobo lot, to establish a reserve sale price.

 

 

5d      RECOMMENDATION:   On the Motion of Cr Moran seconded Cr Ballangarry that following clearing of the land, a sign be prepared and placed on the land seeking expressions of interest for its purchase.

 

5e      RECOMMENDATION:   On the Motion of Cr Finlayson seconded Cr Ainsworth that Council obtain valuations from 2 registered valuers as to the value of the land.

 

Note: Cr Flack wishes her voted be recorded agains 5a.

 

 

 


ITEM 9.6      SF1090              190309      Progress on Implementing Recommendations from the Promoting Better Practice  Review Report

1077/09 RESOLVED:       (Moran/Flack)

 

That the Department of Local Government be advised of Council’s progress in implementing the recommendations from the Promoting Better Practice Review Report in accordance with this report and attachment.

 

 

 


ITEM 9.7      SF42                  190309      Conduct Review Committee

1078/09 RESOLVED:       (Moran/Ainsworth)

 

That Council appoint the following persons to its Conduct Review Committee:

 

Mr Ray Fairweather

Mr Allan Burgess

Mr Bernard Smith

 

 

 

 



General Manager Report - LATE

ITEM 9.8      SF394                190309      Report on Investments to 28 February 2009

1079/09 RESOLVED:       (Ainsworth/Court)

 

That the Accountants’ Report on Investments placed to 28 February 2009 be noted.

 

 

 


 

Director Environment and Planning Report

ITEM 10.1    SF1261              190309      Outstanding DA's >12 months and applications where submissions received and not determined 10 March 2009

1080/09 RESOLVED:       (Ainsworth/Ballangarry)

 

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.

 

 

 


ITEM 10.2    SF1261              190309      DEP Applications & Statistical Reports Jul 08 - Jan 09 & DAs & CDAs Received & Determined under Delegated Authority - 10 March 09

1081/09 RESOLVED:       (Moran/Ainsworth)

 

1          That Council note development application statistics and processing times for July 2008-February 2009 compared with July 2007-February 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 2008-28 February 2009.

 

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

 

 

 


ITEM 10.3    SF1148              190309      Contract Regulatory Officer's Report - February 2009

1082/09 RESOLVED:       (Flack/Court)

 

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

 

 

ITEM 10.4    SF226                190309      Report on Controls Restricted Breeds and Cross Breed Dogs Under the Companion Animals Act 1998

Motion:      (Flack/Moran)

 

That the information in relation to the Controls on Restricted Breeds and Cross Breed Dogs Under the Companion Animals Act 1998 be received and noted by Council.

 

 

Amendment:       (Finlayson/Ainsworth)

 

That the information in relation to the Controls on Restricted Breeds and Cross Breed Dogs Under the Companion Animals Act 1998 be received and noted by Council and that Council make representations to the State Government to have them listed within the Companion Animals Regulation 2008.

 

The Amendment was carried and became the motion and is:

 

1083/09 RESOLVED:       (Finlayson/Ainsworth)

 

That the information in relation to the Controls on Restricted Breeds and Cross Breed Dogs Under the Companion Animals Act 1998 be received and noted by Council and that Council make representations to the State Government to have Cross Breeds listed within the Companion Animals Regulation 2008.

 

 


ITEM 10.5    SF776                190309      Report on 49th Annual Floodplain Management Authorities (NSW) & 6th Biennial Victorian Flood Conference

1084/09 RESOLVED:       (Moran/South)

 

That the report on the 49th Annual Floodplain Authorities Conference held in Albury between 12-20 February 2009 be received and noted.

 

 

 


ITEM 10.6    SF566                190309      Report on the Release of the Mid North Coast Regional Strategy

1085/09 RESOLVED:       (Moran/Ainsworth)

 

That Council note that the Department of Planning has now released the Mid North Coast Regional Strategy.

 

That Council write to the land owner of Lot 1046 DP 826440 advising that the Department of Planning have not included their land in the Strategy as future employment lands.

 

That Council inform the landowners within the identified growth areas of their lands inclusion in the Strategy.

 

That Council commence initial investigations into the costs associated with the servicing of the South Macksville/Congarinni growth area.

 

 

 


ITEM 10.7    SF808                190309      Report on Minutes of the Access Committee held 24 February 2009 and Disability Action Plan

1086/09 RESOLVED:       (Flack/Smyth)       

 

1          That Council endorse the draft 2009-13 Disability Action Plan for exhibition and community comment.

 

2          That the remaining minutes of the Access Committee meeting held on 24 February 2009 be noted.

 

1087/09 Resolved:       (Flack/Court)

 

That staff clarify the situation of opening hours of the Macksville Memorial Pool and access by different groups.

 

 


Director Engineering Services Report

 


11.1   Dealt with under Delegations

 


ITEM 11.2    SF98                  190309      Road Naming - Reynolds Lane, Macksville

1088/09 RESOLVED:       (Moran/Court)

 

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

 

 

 


ITEM 11.3    DA2007/800        190309      DA 2007/800 Pacey Street Construction

motion:      (Flack/South)

 

That Foreshore Constructions Pty Ltd be advised that Council’s contribution is limited to $20,000.00.

 

Amendment:       (Ainsworth/Hoban)

 

That Council staff check the facts of the offer made by Council to Foreshore Construction Pty Ltd in relation to DA2007/800 Pacey Street Construction.

The amendement was carried and became the Motion which was:

 

1089/09 RESOLVED:       (Ainsworth/Hoban)

 

That Council staff check the facts of the offer made by Council to Foreshore Construction Pty Ltd in relation to DA2007/800 Pacey Street Construction.

 

 

 

 


Director Engineering Services Report - LATE

ITEM 11.4    SF844                190309      Nambucca District Water Supply Steering Committee Meeting - 4 March 2009

1090/09 RESOLVED:       (Court/Finlayson)

 

That Council adopt the minutes of the Steering Committee Meetings held on 4 March 2009 subject to 5.3 investigate the terms of the lease re right of entry.

 

 

 


  

General Purpose Committee REPORT

ITEM 12.1         SF35             190309      Delegation of Authority - General Manager (Item 8.1 in the General Purpose Committee)

1091/09 RESOLVED:       (Flack/Ballangarry)

 

That Council delegate authority to the General Manager to perform functions in accordance with the list in the attachment.

 

 

 

 


ITEM 12.2         SF1301          190309      Delegations of Authority - Community Based Section 355 Committees (Item 8.2 in the General Purpose Committee)

1092/09 RESOLVED:       (Court/Ballangarry)

 

That Council delegate authority to the following Committees of Management under Section 355 of the Local Government Act in accordance with the circularised document:

 

Argents Hill Hall

Australia Day Committee

Bowraville Folk Museum

Bowraville Hinterland Festival

Bowraville Pioneer Community Centre

Bowraville Sports Ground

Burrapine Public Hall

Coronation Park

Crosswinds Wetland Nature Reserve

E J Biffin Playing Fields

Eungai Community Pre-School Centre

Eungai District Community & Hall Council

Gordon Park Rainforest Walk

Grants Hall/Bowraville & District Youth Club

Gumma Crossing (Boulton’s)

Macksville Netball Courts

Macksville Senior Citizens Centre

Macksville Showground

Macksville Tennis Courts

Mary Boulton Pioneer Cottage and Museum

Missabotti Community Centre

Nambucca District Band

Nambucca District Historical Society

Nambucca Entertainment Centre

Nambucca Heads Tennis Club

Nambucca Senior Citizens

 

North Macksville Playing Field

 

Scotts Head New Year Eve Celebrations

 

Scotts Head Sports Fields

 

Scotts Head Tennis Courts

 

South Arm Hall

 

Talarm Hall

 

Taylors Arm Hall

 

Taylors Arm Sports Reserve

 

Tewinga Community Centre

 

Unkya Reserve

 

Utungun Community Centre

 

Valla Beach Tennis Club

 

Valla Beach Urban and Hall

 

Valla Public Hall

 

Warrell Creek Public Hall

 

Welsh Pioneer Park

 

and with the Delegations of Authority to be as follows:

 

1        Maintain, improve and protect grounds, buildings and fittings;

 

2        Undetake and regulate the casual hiring of premises and grounds, excluding camping;

 

3        Conduct fund raising activities.  Where such fund raising activities involve the sale of alcohol, a liquor license and the approval of Council is required;

 

4        Limit the expenditure of monies to the amount of funds held by the Committee at the time;

 

5        Seek grants for the maintenance and upgrading of the building or its fittings, subject to the General Manager's endorsement of the grant application;

 

6        Appoint such contractors as are deemed necessary by the Committee from time to time to assist in the administration and maintaenance of the buildings and/or the conduct of programmes or functions therein, subject to contracts which are of necessity for a long term being reviewed once per year;

 

7        Make recommendations to the Council for any enhancement, expansion or upgrade of the facilty the Committee considers appropriate;

 

8        Make such other recommendations to the Council in respect of the facility as the Committee thinks appropriate from time to time;

 

9        Project manage capital works where a specific written authority for the particular works has been provided by Council.

 

 

1093/09 RESOLVED:       (Court/Ballangarry)

 

That the General Manager report back to Council on delegations that require reviewing.

 

 

 

 

1094/09 RESOLVED:       (Moran/South)

 

That Council enquire with the last contact for Goldie Nature Park; Bowraville Pre-School Inc.; Donnelly-Welsh Playing Fields; and the Macksville Gift as to their operational status as a Section 355 Committee of Council and whether they can or wish to remain as a Committee of Council.

 

 

1095/09 RESOLVED:       (Flack/Court)

 

That Council consider any opportunities for rationalising or amalgamating Committees of Management.

 

 

 

 


ITEM 12.3         SF1301          190309      Section 355 Committees of Management - Improved Communications between Council and Committees (Item 8.3 in the General Purpose Committee)

 1096/09 RESOLVED:      (Hoban/Court)

 

That a roster be developed whereby a Councillor attend the AGM of each Committee of Management.

 

 

1097/09 RESOLVED:       (Flack/Court)

 

That Council hold one (1) workshop for Section 355 Committees to explain the information package and to discuss any issues or concerns the Committees may have in relation to their operations.

 

 

 

 


ITEM 12.4         SF1213          190309      Draft Management Plan 2009/2029 - Targets/Objectives/Strategies - Draft 2009/2010 Revenue Policy Fees & Charges (Item 8.4 in the General Purpose Committee)

1098/09 RESOLVED:       (Hoban/Moran)

 

1        That Council amend the Targets/Objectives/Strategies by those items in the table to the report which have been recommended for support.

 

2        That Council adopt the Draft 2009/2010 Revenue Policy Fees & Charges as amended for the Draft 2009/2029 Management Plan.

 

 

1099/09 RESOLVED:       (Flack/Smyth)

 

That Council deal with the matters listed in the tables which have not been recommended for support.

 

 

 

 

1100/09 RESOLVED:       (Flack/Smyth)

 

That a new strategy be added to Section 2.2 Development processes compliment the natural environment, the strategy being:

 

2.2.3          That all new information on constraints is reported to Council and implemented by resolution.

 

 

1101/09 RESOLVED:       (Flack/Smyth)

 

In the Environment section in Section 2.6 that strategy 2.6.2 be amended to provide as follows:

 

2.6.2  Provide information related to environmental protection online through Council's website and via newsletters.

 

 

1102/09 RESOLVED:       (Court/Flack)

 

That the item concerning the Draft Management Plan 2009/2029 – Targets/Objectives/Strategies be deferred for further consideration.

 

 

1103/09 RESOLVED:       (Court/Flack)

 

That a Subcommittee of the General Purpose Committee be established to review the Draft Management Plan 2009/2029 – Targets/Objectives/Strategies to better integrate it with other key policies and to ensure that format, layout, grammar and construction are consistent and improved.

 

Councillors who are interested in sitting on the Subcommittee to contact the General Manager.

 

 

 


ITEM 12.5         SF1031          190309      Report on Draft Compliance, Enforcement and Prosecution Policy (Item 9.1 in the General Purpose Committee)

Motion:      (Court/Flack)

 

That Council adopt the Draft Compliance, Enforcement and Prosecution Policy subject to any agreed amendments.

 

Amendment:       (Flack/Smyth)

 

That Council adopt the Draft Compliance, Enforcement and Prosecution Policy subject to any agreed amendments and that, if required, a qualified Consultant be employed to assess Test 2 (T2).

 

The amendment became the motion and was:

 

1104/09 RESOLVED:       (Flack/Smyth)

 

That Council adopt the Draft Compliance, Enforcement and Prosecution Policy subject to any agreed amendments and that, if required, a qualified Consultant be employed to assess Test 2 (T2).

 

 

 


ITEM 12.6         LF4035          190309      Report on Modification to Erect Multi-Unit Housing - 6 Units - 61 Charlton Street, Nambucca Heads (Item 9.2 in the General Purpose Committee)

1105/09 RESOLVED:       (Finlayson/South)

 

That application for modification to DA 2004/014/02 be approved by Council, subject to standard conditions of development consent issued under delegated authority.

 

FOR the MOTION were:  Councillors Hoban, Ballangarry, Court, Finlayson, Flack, Moran, Smyth, South.

AGAINST the MOTION:  Nil

 

 

As this is a Planning matter the following was recorded:

 

FOR the MOTION were:  Councillors Hoban, Ballangarry, Court, Finlayson, Flack, Moran, Smyth, Ainsworth and South.

AGAINST the MOTION:  Nil

 

 

 

 


ITEM 12.7         SF241            190309      Updated Report on Progress of Nambucca Local Environmental Plan 2008 (NLEP 2008) (Item 9.3 in the General Purpose Committee)

1106/09 RESOLVED:       (Flack/Finlayson)

 

That the matter be deferred to a workshop to allow for further discussion and consideration.

 

 

 

 


ITEM 12.8         SF744            190309      Report on Rehabilitation Bonds for Wia-Ora Sand and Gravel - DA 1995/102 and T1-9-57 (Item 9.4 in the General Purpose Committee)

1107/09 RESOLVED:       (Court/Moran)

 

That Council write to the Regional Manager of the Department of Water and Energy highlighting difficulties which were encounted at a site meeting on 18 March 2009 and requesting that an independent assessment be undertaken.  Further that Council write to Wia-Ora and advise that Council is unable to release the bonds without approval from the Department of Water and Energy.

 

Note: Crs Flack and Smyth wished their votes be recorded against this recommendation as they are against the letter to the Regional Manager but not to Wia-Ora.

 

 

1108/09 RESOLVED:       (Flack/Smyth)

 

That Council receive a report on the released bond for the Wia-Ora Sand and Gravel.

 

 

 

 


ITEM 12.9         SF241            190309      Report on 5m Height Limits other than Matthew Street (Item 9.5 in the General Purpose Committee)

1109/09 RESOLVED:       (Court/Ballangarry)

 

That the information be noted.

 

 

 


    

 

ASKING OF QUESTIONS WITHOUT NOTICE

 

QWN246/09 - Cr. Michael Moran - Big 4 Nambucca Holiday Park (Ref SF1297)

Cr Moran enquired if all Councillors had received a copy of the letters in his tray from Mrs Borger in relation to a number of concerns regarding the Big 4 Nambucca Holiday Park.

 

The General Manager advised that he has responded to Ms Borger requesting dates and times for an onsite inspection be carried out.

 

 

 

QWN249/09 - Cr. Michael Moran - Letter from the Donnelly family (Ref SF1297)

Cr Moran enquired if all Councillors had received a copy of the letter from the Donnelly family in relation to the "Whispering Pines".

 

The General Manager acknowledged receipt of the letter.

 

 

 

QWN250/09 - Cr. Michael Moran - Flood Claim letters (Ref SF1297)

Cr Moran enquired if all Councillors had received a copies of the letters from Damien Grace and Kerry Argent (North Arm Road) regarding claims during the recent flooding.

 

The General Manager advised that the Safety and Risk Officer is looking into the matter.

 

 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

1110/09 RESOLVED:       (Moran/Court)

 

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:

 

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.1    4782/2009           190309      Potential Claim Arising from Landslip on Riverside Drive

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.

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    6069/2009           190309      Loans Program 2008/2009

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

General Manager Report – LATE

For Confidential Business Paper in Closed Meeting

ITEM 12.3    7049/2009           190309      Addendum Loans Program 2008/2009

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

 

 


 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.20 pm.

 

RESUME IN OPEN MEETING

1111/09 RESOLVED:       (Moran/Ainsworth)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 7.29 pm

 

 

 

 


FROM COUNCIL IN CLOSED MEETING

 

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF1307              190309      Potential Claim Arising from Landslip on Riverside Drive

1112/09 RESOLVED:       (Ainsworth/Moran)

 

That the General Manager be provided with delegated authority to negotiate the claim to an agreed value for the car.

 

 

 

 


For Confidential Business Paper in Closed Meeting

ITEM 12.2    6069/2009           190309      Loans Program 2008/2009

1113/09 RESOLVED:       (Finlayson/Ainsworth)

 

That Council considers the offers from the seven financial institutions as a late item.

 

 

 

 


LATE - For Confidential Business Paper in Closed Meeting

ITEM 12.3    7049/2009           190309      Addendum Loans Program 2008/2009

 1114/09 Resolved:      (Finlayson/Ainsworth)

 

1        That Council accept the National Australia Bank’s loan offer of $2,625,000.00 (Water Supply) at a rate of 6.29% per annum with half yearly repayments of $97,814.82 over 30 years with renewal after 20 years.

 

2        That Council accept the National Australia Bank’s loan offer of $3,050,000.00 (Sewerage Works) at a rate of 6.29% per annum with half yearly repayments of $113,651.51 over 30 years with renewal after 20 years.

 

3        That Council accept the National Australia Bank’s loan offer of $2,628,500.00 at a rate of 6.29% per annum with half yearly repayments of $116,395.86 for 20 years.

 

Note:  Cr Moran wished that his vote be recorded against the Motion.

 

 


 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.30 pm.

 

Confirmed and signed by the Mayor on 2 April 2009.

 

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)