NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 18 June 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 Elaine South

Cr Anne Smyth

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Bruce Redman (Director Engineering Services)

Greg Meyers (Director Environment & Planning)

Monika Schuhmacher (Minute Secretary)

 

 

PRAYER

 

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

 

 

Ordinary Council Meeting

 

SUBJECT:   DISCLOSURE OF INTEREST

 

Councillor JA Ainsworth declared a pecuniary interest in Item 10.8 Report on Advice From Minister for Planning Regarding Rural Residential Zone under the Local Government Act as he owns rural residential land within the short-term release area.  Cr Ainsworth left the meeting for this Item.

 

General Manager Mr M Coulter, declared a pecuniary interest in Item 9.5 Draft Management Plan and Draft Budget 2009/2014 under the Local Government Act as the report concerns his remuneration and specifically the funding of his superannuation. Mr Coulter left the meeting for this Item.

 

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 4 June 2009

1317/09 RESOLVED:       (Flack/Ballangarry)

 

That the minutes of the Ordinary Council Meeting of 4 June 2009 be confirmed.

 

 

 

 


NOTICE OF MOTION – CR Smyth

ITEM 5.1      SF1269              180609      Notice of Motion - Professional Development Program - 29 to 30 June 2009 - Sydney

1318/09 RESOLVED:       (Smyth/Flack)

 

That Council endorse Cr Smyth’s and Cr Flack’s attendance at the Certificate Module: Planning for Effective Public Participation being conducted in Sydney on 29-30 June 2009.

 

 

 


 


  

DELEGATIONS

Resolved: (Flack/Moran)

 

That the following delegations be heard:

 

 

9.4     Maintenance of Funding for Headspace Mid North Coast..................................................... 20

          i)    Mr Chris Hewgill—Representing Headspace

          ii)   Mr Bruce Mercer—Representing Headspace

 

 

10.7   Development Application DA 2008/267 - Proposed Industrial Complex for Manufacturing Buses, Plus ancillary Facilities - Lot 1046 DP 826440, 14 Harrimans Lane Macksville.............................. 64

          i)   Ms Sandra Sutton—Objector to development

          ii)  Ms Toni Freeman—Objector to development

          iii) Mr Geoff Smyth—Applicant

          iv) Mr Paul Hoffman—Interested Party

 

 

11.1   Transfer of Authority - Crown Public Road at Valla............................................................ 179

          i)   Mr Terry Stace—Landowner

 

 

11.4   Landslip - Jason Cottages, Riverside Drive, Nambucca Heads........................................... 204

          i)   Mr Russell Dance—Affected landowner

 

 

From General Purpose Committee Meeting:

 

12.3   Two (2) Lot Rural Residential Subdivision and One (1) Residue Lot,  Lot 10 DP 1033603 Grassy Head Road, Way Way (9.2 GPC)

          i)   Mr Brian Skinner—Objector, neighbour

          ii)  Ms Sally Cavanagh—Objector, landowner

 

 

12.4   DA 2009/127 - McDonalds Restaurant  (9.3—GPC)

          i)  Mr Jason Capuano—on behalf of McDonalds

 

 

9.4.... Maintenance of Funding for Headspace Mid North Coast

i)    Mr Chris Hewgill addressed Council making the following points:

§                     Apology for Bruce Mercer

§                     Program running for about three years

§                     Dealing with youth and mental health issues

§                     Seven doctors working from three hubs

§                     Nambucca and Bellingen are the two hubs identified to go

§                     Closing 30 June 2009 if appropriate funding is not forthcoming

§                     Looking for support from Council

§                     $1.6 million fed into area through Headspace

§                     12,000 young people seen a doctor over last 12 months

§                     Current model works with young people

§                     Funding is expected to service three hubs

§                     Initial funding was only for two years


 

ITEM 9.4      SF278                180609      Maintenance of Funding for Headspace Mid North Coast

1319/09 RESOLVED:       (Flack/South)

 

That Council make representations to the Hon. Nicola Roxon MP, Minister for Health and Ageing and also to Luke Hartsuyker MP, Member for Cowper, seeking the retention of funding for Headspace Mid North Coast to ensure no reduction of current Headspace services.

 

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

 

 

 

 


DELEGATIONS continued

 

10.7.. Development Application DA 2008/267 - Proposed Industrial Complex for Manufacturing Buses, Plus ancillary Facilities - Lot 1046 DP 826440, 14 Harrimans Lane Macksville

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

§                Residents do not want this development to proceed

§                Runoff may not be able to be contained

§                Sediment dams may not be adequate

§                No flood studies carried out in this area

§                Threatened species have been found in this area

§                May open gate for all rural land to be used for any industry

§                Inadequate site analysis carried out by Council

§                Social and environmental impact would be devastating

 

ii)  Ms Toni Freeman addressed Council making the following points:

§                Represents Upper Warrell Creek Road residents

§                Noise pollution

§                Devalue homes

§                Air pollution—fumes

§                Economic and employment opportunities still achievable in industrial lands

§                Approx  9 acres available near Abigroup

§                Workers cottages are inappropriate in this area

§                Ratepayers should be given more consideration in this matter

 

iii) Mr Geoff Smyth addressed Council making the following points:

§                Site investigations completed, development can be undertaken without significant impacts

§                Hence limits apply

§                Test for Council is there justification for refusal which is supported by evidence

§                Additional studies have been undertaken as requested

§                Development area of that site is above sea rise level and flood impacts

§                Grounds for refusal are not supported by evidence

§                Was not asked to look at sites at Nambucca Heads as an option

 

iv) Mr Paul Hoffman addressed Council making the following points:

§                38th work placement student through high schools—year 10

§                Currently 25 trainees and apprentices

§                48% increase of imported buses

§                Express Coaches need to consolidate to one area

§                Have had no issues with residents in McKay Street

§                Cottages for short term, if suitable then move to other accommodation

§                Need 4-5 hectares for production line building

§                Have various inspections regularly

§                For company to continue to grow it needs to move

§                Business is expanding – currently 97 employees

§                New factory will be within carbon criteria – invest in latest technology

§                Moving to water based paints (with rest of world)

§                Current two businesses are within noise requirement limits

§                New technologies and new designs will be introduced

§                Have all required contractors now working for them

ITEM 10.7    DA2008/267        180609      Development Application DA 2008/267 - Proposed Industrial Complex for Manufacturing Buses, Plus ancillary Facilities - Lot 1046 DP 826440, 14 Harrimans Lane Macksville

Motion:      (Flack/Smyth)

 

That Council refuse the development application for the following reasons:

 

1          Pursuant to Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act, 1979 (EP & A Act), the proposal does not satisfy the provisions of Cause 24 of the Nambucca LEP1995 (NLEP), in that the proposal is incompatible and not appropriately located in relation to residential and rural-residential areas and the site is not suitable or practical for industrial development.

 

2          Pursuant to Section 79C(1)(b) of the Environmental Planning and Assessment Act, 1979 (EP & A Act), the likely impacts of an industrial development will detract from the scenic and rural character of the area and have potential noise, air and visual impacts on the adjoining and nearby residents.

 

3          Pursuant to Section 79C(1)(c) of the Environmental Planning and Assessment Act, 1979 (EP & A Act), it is not considered that the site attributes are conducive to an industrial land use and therefore the site is not suitable for the proposed development.

 

4          Pursuant to Section 79C(1)(e) of the Environmental Planning and Assessment Act, 1979 (EP & A Act), it is considered that the proposed development is not in the public interest due to the potential social and environmental impacts, the incompatibility and potential land use conflicts, and the undesirable precedent set by allowing industrial development on rural land not fully justified by environmental, social and economic considerations.

 

FOR the Motion:  Councillors. Court; Ballangarry; Flack and Smyth (Total 4)

AGAINST the Motion:  Councillors Finlayson; Ainsworth; Moran; South and Hoban (Total 5)

 

Motion was LOST.

 

Motion:      (Ainsworth/Moran)

 

That the development application be approved in accordance with the conditions set out in the Director Environment and Planning’s report.

 

Amendment:       (Flack/Smyth)

 

That the decision is deferred for one month to enable people making submissions to respond to the new information.

 

The amendment was LOST.

 

For the Motion: Councillors Finlayson; Ainsworth; Moran; South and Hoban (Total 5)

Against the Motion: Councillors Court; Ballangarry; Flack and Smyth (Total 4)

 

The motions was carried and it was:

 

1320/09 Resolved:       (Ainsworth/Moran)

 

That the development application be approved in accordance with the conditions set out in the Director Environment and Planning’s report.

 

 

 


DELEGATIONS continued

 

11.1 Transfer of Authority - Crown Public Road at Valla

i)   Mr Terry Stace spoke to a prepared statement which is on file.

 

ITEM 11.1    LF1168               180609      Transfer of Authority - Crown Public Road at Valla

1321/09 RESOLVED:       (Court/Ainsworth)

 

That Council accept transfer of the Crown Road through Lot 160 DP 755560 to its authority provided that:

 

a        Council is not responsible for the maintenance of road;

b        The residents using the road are responsible for its maintenance; and

c        No civil works on the road are to be carried out without the approval of Council.

 

 

 


DELEGATIONS continued

 

11.4.. Landslip - Jason Cottages, Riverside Drive, Nambucca Heads

i)   Mr Russell Dance spoke to a prepared statement which is on file.

 

ITEM 11.4    SF1131              180609      Landslip - Jason Cottages, Riverside Drive, Nambucca Heads

1322/09 Resolved:       (Court/South)

 

1        That Construction Option 1 be adopted in principle.

 

2        That, as the RTA constructed Riverside Drive (being the old highway) they be requested to contribute 50% of the funding to undertake construction Option 1.

 

3    That the matter be reviewed at the Budget Review for the June 2009 Quarter.

 

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

 

 

 


DELEGATIONS continued

 

From General Purpose Committee Meeting:

 

12.3.. Two (2) Lot Rural Residential Subdivision and One (1) Residue Lot,  Lot 10 DP 1033603 Grassy Head Road, Way Way (9.2 GPC)

i)   Mr Brian Skinner addressed Council making the following points:

§                     On behalf of Skinner family who own adjacent property, boarders subdivision on two sides and residence is located only 25 m from recommended development

§                     Normally only one house per hectare

§                     Subdivision proposal as it stands not in best interest of community or environment

§                     Block shape and dwelling envelope unacceptable

§                     Mr Skinner has operating Mango farm and development may impact negatively

§                     Current 20 m buffer would be inadequate

§                     Subdivision will impact negatively on the value of his property

§                     Environmental conservation will not be achieved by cramming in two houses

§                     Natural waterway running through both proposed lots

§                     Native flora and fauna will be affected

§                     Has access to waterway received approval

§                     Importance of buffer zones needs to be considered

§                     Recommends only one dwelling on rural site

§                     Request protection of old growth trees – appropriate buffer

§                     Requests not to disturb natural billabong

 

ii)  Ms Sally Cavanagh addressed Council making the following points:

§                Represents

§                Has lived on Grassy Heads Road for 20 years

§                There would be ongoing clearing of remnant and regrowth vegetation

§                Modifications may have better impact on vegetation

§               There should be a legally binding agreement to protect vegetation in the future submitted by applicant

§                Neighbour has a wallaby facility and has brought this to the attention of Council staff

 

ITEM 12.3         DA2009/128   180609      Two (2) Lot Rural Residential Subdivision and One (1) Residue Lot,  Lot 10 DP 1033603 Grassy Head Road, Way Way (Item 9.2 in the General Purpose Committee)

1323/09 Recommendation:   (Court/South)

 

That Council defer the application so as seek a relocation of the building envelope on the proposed Lot 2 further up the hill.

 

For the Motion: Councillors Court; Ballangarry; Flack; Smyth; Finlayson; Ainsworth; South and Hoban (Total 8)

Against the Motion: Councillor Moran   (Total 1)

 

 

 


DELEGATIONS continued

 

From General Purpose Committee Meeting:

 

12.4 DA 2009/127 - McDonalds Restaurant  (9.3—GPC)

i)  Mr Jason Capuano addressed Council making the following points:

§               Representing McDonalds

§               Seeks clarification—hours of the restaurant,  plans be approved by Council and RTA prior to occupation certificate

§               acoustic wall applies only to the western boundary—Pacific Highway frontage and rear western boundary

§               Concerns of the appearance of the building and possibility of graffiti

§               Great opportunity for job creation

§               100 plus full time and part time employees by Christmas

§               Largest employee of youth in Australia

§               Can create/forge long career path in community

 

ITEM 12.4         DA2009/127   180609      DA 2009/127 - McDonalds Restaurant  (Item 9.3 in the General Purpose Committee)

MOTION:      (Flack/Smyth)

 

That the decision be deferred to allow objectors to consider proposed conditions.

 

1324/09 Resolved:       (Ainsworth/South)

 

That the motion be withdrawn to allow Mr Davidson to address Council.

 

Mr Davidson addressed Council making the following points:

§                Mr Davidson’s property adjoins the proposed restaurant site

§                Has had opportunity to read conditions put forward by Council

§                Biggest concern is 24 hour operation

§               Other concern which will be ongoing is heavy vehicles and other traffic and possibly blocking driveway

§                Odour from restaurant will have minimal impact on his property

§                Can cohabit well with Council’s conditions.

 

1325/09 Resolved:       (Finlayson/Ainsworth)

 

That the application be approved in accordance with the amended conditions of consent.

 

For the Motion:    Councillors Court; Ballangarry; Flack; Smyth; Finlayson; Ainsworth; Moran; South and Hoban (total 9)

Against the Motion: Nil

 

 

 


ASKING OF QUESTIONS WITH NOTICE

 

There are no questions with Notice

 

 

 


QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

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

 

 


The meeting adjourned for meal break at 7.55 pm and resumed to the at 8.20 pm.

 

 

 


General Manager Report

ITEM 9.1      SF959                180609      Outstanding Actions and Reports March 2009

1326/09 RESOLVED:       (Moran/Finlayson)

 

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

 

 

 

 


ITEM 9.2      SF341                180609      General Meeting - Valla Beach Urban & Hall  Committee of Management - Change to Office Bearers

1327/09 RESOLVED:       (Moran/Court)

 

That Council endorse the Committee of Management for the Valla Beach Urban and Hall Committee of Management noting the names of the new Treasurer and Secretary and noting the Committee’s new mailing address.

 

 

 

 


ITEM 9.3      SF791                180609      Nambucca Shire Land Development Committee Meeting Minutes - 04 June  2009

1328/09 RESOLVED:       (Moran/Finlayson)

 

That Council adopt the minutes of the Nambucca Shire Land Development Committee Meeting held on 04 June 2009.

 

Note:  Cr Moran has tendered his resignation from this Committee.

 

 

 


ITEM 9.4 was dealt with under Delegations.

 

 

 

 

 

 


General Manager Report – LATE

The General Manager left the meeting for Item 12 at 8.25 pm and returned at 8.26 pm as there was a resolution to deal with each recommendation individually and to deal with Item 12 last.

 

ITEM 9.5      SF1213              180609      Draft Management Plan 2009/2014 & Draft Budget & Revenue Policy 2009/2010

1329/09 Resolved:       (Flack/Moran)

 

That Council will deal with the items individually.

 

 

1330/09 Resolved:       (Court/Ainsworth)

 

That Item 12 be dealt with last.

 

 

1331/09 Resolved:       (Finlayson/Moran)

 

1          That Council reinstate $9,000 in the 2009/10 budget as a contribution to the installation of a 100mm water service at the Frank Partridge VC Military Museum pending success of the museums grant application for proposed extensions.

 

 

Motion:      (Finlayson/Moran)

 

That Council not replace the recently vacated position of Town Planner.

 

Amendment:       (Flack/Smyth)

 

That Council defer until the matter can be considered by Consultative Committee.

 

The amendment was LOST.

 

Note:  Cr Flack requested that her vote be recorded as against this resolution as Council has not heard from the Consultative Committee.

 

The motion carried and it was:

 

1332/09 Resolved:       (Finlayson/Moran)

 

2          That Council not replace the recently vacated position of Town Planner.

 

 

1333/09 Resolved:       (Court/Finlayson)

 

3          That funding for an additional four (4) hours per week in records management be continued.

 

1334/09 Resolved:       (Court/Finlayson)

 

4          That the adjusted figures and water charges resulting from the increase in subsidy for the Water Supply Augmentation Scheme be adopted for 2009/10.

 

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

 

 

1335/09 Resolved:       (Court/Finlayson)

 

5          That Council endorse for the 2009/10 Budget its decision to include a further amount of $5,200 as additional contribution to the Pacey St construction works. 

 

 

1336/09 Resolved:       (Ainsworth/Finlayson)

 

6          That the Trade Waste Usage Charge for 2009/10 be reduced to $1.48/kl in line with Department of Water and Energy Liquid Trade Waste regulation Guidelines.

 

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

 

 

1337/09 Resolved:       (Finlayson/Court)

 

7          That the 2009/10 Budget – Summary of Secured Loans General Activities be altered to reflect the 2009/10 Budget figures in relation to the loan to purchase plant and that the 2009/14 Forward Plan include the associated repayments previously omitted from the draft.

 

 

1338/09 Resolved:       (Court/Flack)

 

8          That Council increase the allocation for Youth Week to $2,400 reflecting a 50% contribution from Council.

 

 

 

1339/09 Resolved:       (Flack/Ballangarry)

 

9          That the Department of Environment and Climate Change Nambucca Landfill Levy of 4,000t @ $10 per tonne be included as $32,000 for Domestic Waste and $8,000 for Other Waste and that the ‘rise & fall’ relating to collection and processing be adjusted to zero based on latest CPI figures.

 

 

1340/09 Resolved:       (Smyth/Ballangarry)

 

11         That Council endorse the recurrent funding for the Aboriginal Youth Worker position to remain at the youth worker component only and that the shortfall in funding between estimated income and expenditure be met from a reserve created from unexpended 2008/09 funds.

 

 

1341/09 Resolved:       (Flack/Court)

 

13         That the Schedule for Building Repair and Maintenance as amended by the General Manager be included.

 

 

Motion:      (Flack/Court)

 

That Council revisit opportunities for providing funding to Argents Hill Hall Committee of Management at the next quarterly budget review.

 

The motion is LOST

 

1342/09 Resolved:       (Finlayson/Ainsworth)

 

15                 That the Argents Hill Hall Committee of Management be advised that Council will consider providing funding for the upgrade of the Hall when they accept its Trusteeship as an Incorporated Association.

 

 

1343/09 Resolved:       (Court/Finlayson)

 

14                 That the Draft Management Plan for 2009/2014 and the Draft Budget and Revenue Policy for 2009/2010 be amended to reflect the foregoing recommendations and be adopted.

 

 

1344/09 Resolved:       (Moran/Finlayson)

 

That Directors present a report to the September Quarterly Review to identify a surplus budget.

 

 

The General Manager left the meeting for item 12 at 9.07 pm.

 

12         That the additional compulsory superannuation contribution relating to the General Manager be included outside the remuneration package for the position.

 

 

The General Manager returned to the meeting at  9.10 pm after the conclusion of Item 12.

 

 

 


 


General Manager Report - LATE

ITEM 9.6      SF762                180609      Provision of Desk and Internet Connection for Local Employment Coordinator

Resolved: (Flack/Finlayson)

 

That Council agree to the provision of a work station for a local employment co-ordinator within its administrative building for a period of up to 2 years.

 

 

 

 


General Manager Report - LATE

ITEM 9.7      SF394                180609      Report on Investments to 31 May 2009

1345/09 RESOLVED:       (Flack/Smyth)

 

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

 

 

 

 

 


Director Environment and Planning Report

ITEM 10.1    SF283                180609      Minutes of Access Committee Meeting 26 May 2006

1346/09 RESOLVED:       (Flack/Finlayson)

 

That the minutes of the Access Committee meeting held on 26 May 2009 be noted.

 

 

 

 


ITEM 10.2    SF1075              180609      Report on Legal Advice for noting Sea Level Rise impact Section 149 Certificates and Appropriate Disclaimer.

1347/09 RESOLVED:       (Flack/Court)

 

1        That Council provide the following response to questions 7 & 7A on any Section 149 Certificates that it issues until more detailed and specific information and guidelines are prepared by the relevant Government Agencies.

 

"On 16 April 2009 the Council adopted the benchmark figure of predicted seal level rise of 40cm to 2050 and 90cm to 2100 for all landuse planning and infrastructure design and investment as outlined in the New South Wales Government Draft Policy Statement on Sea Level Rise".

 

2        That Council include the following disclaimer on any publications including, but not limited to Policies, Development Control Plans, Management Plans etc that may relate to Sea Level Rise.

 

"On 16 April 2009 the Council adopted the benchmark figure of predicted sea level rise of 40cm to 2050 and 90cm to 2100 for all landuse planning and infrastructure design and investment as outlined in the New South Wales Government Draft Policy Statement on Sea Level Rise. While Council has taken all care in forming its view on the Benchmark figure, sea level change is an inexact science, the understanding and calculation of which is constantly changing, and Council therefore disclaims all liability for reliance on such Benchmark figure of predicted Sea Level rise and therefore parties should rely on their own investigations and calculations in this regard".

 

3        That a further report be prepared once the NSW Government finalise their Policy Statement on Sea Level Rise and the Department of Planning issue Guidelines for considering Sea Level Rise in land use planning and development control.

 

4        That Council note the context of the advice provided by Deacons.

 

 

 

 


ITEM 10.3    SF669                180609      Inquiry into the NSW Planning Framework

1348/09 RESOLVED:       (Court/Finlayson)

 

Council note the progress of the inquiry into the NSW planning framework and await the committees report later in the year.

 

 

 

 


ITEM 10.4    SF1261              180609      DEP Applications and Statistical Reports July 2008-May 2009, 2002-2009 and Certificates Received 2004-2009

1349/09 RESOLVED:       (Flack/Smyth)

 

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

 

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

 

ITEM 10.5    SF1261              180609      Outstanding DA's >12 months, applications where submissions received & not determined 5 June 2009

1350/09 RESOLVED:       (Court/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 10.6    SF1148              180609      Contract Regulatory Officer's Report - May 2009

1351/09 RESOLVED:       (Court/Ainsworth)

 

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

 

 

 


ITEM 10.7 has been dealt with under Delegations.

 

 

 

 

 


Director Environment and Planning Report – LATE

Cr Ainsworth left the meeting at 9.20 pm.

Cr Ainsworth returned to the meeting at 9.30 pm at the conclusion of Item 10.8.

 

ITEM 10.8    SF529                180609      Report on Advice From Minister for Planning Regarding Rural Residential Zone       

1352/09 RESOLVED:       (Court/Ballangarry)

 

1          That Council accept the compromise put forward by the Minister for Planning to have land that is included in the long-term release area (shown red, unconstrained, in the approved LGMS) that was historically zoned 1(c) Rural Residential in the 1986 LEP be zoned R5 with a 1ha subdivision minimum (in addition to the approved short-medium term release areas) in the Nambucca LEP 2009.

 

2          That Mr Steve Murray Regional Director Northern Region Department of Planning be contacted confirming Council’s intention to accept the Minister’s compromised proposal.

 

3                     That the Mayor prepare a media release advising of the Minister’s offer and Council’s acceptance.

 

 

 

 


Director Environment and Planning Report - LATE

ITEM 10.11   SF669                180609      Further Report on the Request for Nominations to Joint Regional Planning Panels

1353/09 RESOLVED:       (Court/Ballangarry)

 

1          That Nambucca Shire nominate the Mayor of Kempsey Shire Council and Director Sustainable Development for Kempsey Shire Council as its Nambucca members for the Joint Regional Planning Panel for matters pertaining to the Nambucca local government area.

 

2          That the Department of Planning be advised that this nomination is for an initial 12 month period after which time Nambucca Shire will review its nominations.

 

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

 

 

1354/09 Resolved:       (Moran/Ainsworth)

 

That Council write to the Premier with a copy to the Minister for Planning advising that Council has adopted the draft budget and has made no provision for  Joint Regional Planning Panels.

 

 

 

 


Director Engineering Services Report

 

 

 


ITEM 11.1 was dealt with under Delegations.

 

 

 


ITEM 11.2    SF90                  180609      Nambucca Shire Traffic Committee Meeting - 2 June 2009

1355/09 Resolved:       (Smyth/Finlayson)

 

1        That Council be advised that a suitable site is available for Coach Parking in the McKay Street Carpark should one be established.

 

 

Resolved: (Court/Finlayson)

 

2        That Council advise Nambucca Health Care to utilise their carpark to provide emergency parking.

 

3        1  That the Valla Beach Urban & Hall Management Committee be advised that a       40 km/h zone is not permitted for a Pre-School and the pedestrian crossing would not meet the minimum requirements in terms of vehicles and pedestrian counts.

 

          2  That the Valla Beach Urban & Hall Management Committee be advised that the Ocean View Drive and Regatta Drive intersection is a standard “T” design and does not require signposting as the rules of use are defined by the Traffic Rules.

 

4        That the Nambucca Shire Traffic Committee recommend that no changes be made to the parking arrangements at the corner of Seaview and Nelson Streets, Nambucca Heads.

 

5        That Council note that the Local Traffic Committee have not recommended a speed limit reduction in Banksia Crescent, Scotts Head.

 

6        That the Nambucca Shire Traffic Committee recommend Council write to Mr Wallace advising him traffic volumes and the narrow pavement width on the section of Sullivans Road beyond Zutano Close do not warrant the introduction of line marking.

 

7        That the Nambucca Shire Traffic Committee recommend that Council remove the existing 5 minute parking restriction outside the Nambucca Heads Entertainment Centre and extend the existing 15 minute parking zone outside the Library from a distance of 8.5 m (1.5 cars) to 34.0 m (6 cars) also leaving sufficient room for vehicles to access the Entertainment Centre courtyard via the existing layback through the No Parking zone.

 

 

ITEM 11.3    SF992                180609      Report on Nambucca Emergency Operations Centre Committee Minutes - 27 May 2009

1356/09 RESOLVED:       (Flack/Ainsworth)

 

1        That Council adopt the minutes of the Nambucca Emergency Operations Centre Committee meeting held on 27 May 2009.

 

2        That is be noted that Council’s financial contribution to the items listed will not be more than 11.7%.

 

 

 


ITEM 11.4 was dealt with under Delegations.

 

 

 

 

 


ITEM 11.5    SF61                  180609      Professional Lifeguard Services 2008/2009 Contract Report

1357/09 RESOLVED:       (Flack/Ainsworth)

 

That Council note the Annual Report for 2008/2009 by Australian Lifeguard Service.

 

 

 

 

 


General Purpose Committee REPORT

ITEM 12.1         SF1244          180609      March 2009 Budget Review (Item 8.1 in the General Purpose Committee)

1358/09 RESOLVED:       (Court/Ainsworth)

 

1        That the Budget Review for the quarter ended 31 March, 2009 be received.

 

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

 

 

 

 


ITEM 12.2         SF750            180609      Report on Section 138 Applications, bonds and footpath specifications (Item 9.1 in the General Purpose Committee)

 1359/09 Recommendation:  (Hoban/Ainsworth)

 

That the matter be deferred so as to enable more information to be provided on the standard of concrete which can be provided with a rollover kerb.

 

 

 


ITEM 12.3 was dealt with under Delegations.

 

 

 

 

 


ITEM 12.4 was dealt with under Delegations.

 

 

 

 


ITEM 12.5         SF769            180609      Flood Damage - Bellingen Road & Valla Road (Item 10.1 in the General Purpose Committee)

Recommendation:      (Court/Ainsworth)

 

That Council note the inspection of Flood Damage to Valla Road and Bellingen Road.

 

 

 

 


ITEM 12.6         RF256            180609      Riverside Drive, Nambucca Heads - Stabilisation Work (Item 10.2 in the General Purpose Committee)

1360/09 Resolved:       (Court/Finlayson)

 

1        That Council note the report.

 

2        That Council note that minor works in Domain D and I will be included in the works to be carried out in the Regional Road Program for 2009/2010.

 

3        As the road is former Pacific Highway constructed by the RTA, that Council seek 50%  funding from the RTA in addition to the Regional Road Program.

 

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

 

 

 

 


ITEM 12.7         SF382            180609      Scotts Head Masterplan (Item 10.3 in the General Purpose Committee)

1361/09 Resolved:       (Ainsworth/South)

 

That Council clarify ownership of the land before proceeding further and when the information is obtained that Council proceed with a workshop and site visit to determine its position.

 

 

 

 


 


FROM General Purpose Committee CLOSED REPORT

ITEM 12.8         SF1240          180609      2009 Employee Survey (Item 11.1 in the General Purpose Committee)

1362/09 Resolved:       (Flack/Ballangarry)

 

1        That the information concerning the 2009 employee survey be received.

 

2        That Jetty Research be thanked for their presentation of their report.

 

1363/09 Resolved:       (Flack/South)

 

3        That Council staff be thanked for participating in the Employee Survey.

 

    

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

1364/09 RESOLVED:       (Ainsworth/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:

 

 

 

 


General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    13563/2009         180609      Renewal of Loans 422 and 423

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

 

 

 

 


For Confidential Business Paper in Closed Meeting

ITEM  .2       14681/2009         180609      RENEWAL OF LOANS 422 & 423

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 9.52 pm.

 

 

 

 


RESUME IN OPEN MEETING

RECOMMENDATION:

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 9.56 pm.

 

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM  .2       14681/2009         180609      RENEWAL OF LOANS 422 & 423

1365/09 RESOLVED:       (Court/Flack)

 

1        That Council accept the National Australia Bank’s loan offer of $1,071,917.17 (Infrastructure Works – Construction of Wilson Bridge – Loan 422) at a rate of 8.55% per annum with half yearly repayments of $80,806.09 over 10 years.

 

2        That Council accept the National Australia Bank’s loan offer of $468,963.74 (Sewerage Works – Macksville Sewerage Augmentation – Loan 423) at a rate of 8.55% per annum with half yearly repayments of $35,352.67 over 10 years.

 

 

 

 

 


CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 9.58 pm. 

 

Confirmed and signed by the Mayor on 2 July 2009.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)