NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 17 September 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 Peter Lott from the Nambucca Valley Christian Life Centre offered a prayer on behalf of the Nambucca Minister's Association.

 

 

Ordinary Council Meeting

 

SUBJECT:   DISCLOSURE OF INTEREST

 

Councillor J Court declared a Pecuniary interest in Item 9.1 of the General Purpose Committee Report on Supplementary Height Analysis for Matthew Street, Scotts Head under the Local Government Act, as Cr Court has property overlooking Matthew Street.  Councillor Court left the meeting for the duration of this item.

 

 

 

 

 


SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 3 September 2009

1541/09/09 RESOLVED:   (Court/Flack)

 

That the minutes of the Ordinary Council Meeting of 3 September 2009  be confirmed.

 

 

 

 


NOTICE OF MOTION - CR Court - LATE

ITEM 5.1      SF1269              170909      Notice of Motion - Leave of Absence - Cr Janet Court

1542/09 RESOLVED:       (Court/Flack)

 

That Cr Janet Court be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 23 to 29 September 2009 inclusive.

 

 



  

DELEGATIONS

Resolved: (Flack/Ainsworth)

 

That the following delegations be heard:

 

ITEM 8.7      Nambucca Valley Phoenix Ltd - Expression of Interest in Relocating Operations

          i)        Ms Robyn Fletcher

 

ITEM 8.10    SF1077        170909         Museum Advisor Program - Progress Report

          i)        Ms Joan Kelly—Museum Advisor

 

ITEM 9.6      DA2009/128—Report on DA 2009/128 - 2 lot Rural-Residential Subdivision

    i)        Mr Tony Skinner  (Not in attendance)

          ii)       Ms Anne Hartge

          iii)      Mr Jock Palmer

 

Ms Robyn Fletcher addressed Council making the following points:

·    Appealed to Council to find land to relocate Nambucca Valley Phoenix Ltd

·    Dealing with Heritage building

·    Require upgraded facilities

·    Stairs not suitable for those with disabilities

·    Industrial shed is not considered suitable

·    Donnelly-Welsh Playing Field may be a suitable site

·    Accommodation important issue

·    Considering starting small nursery for clients to maintain

·    Only two clients currently live in Bowraville therefore looking to relocate which will reduce travelling costs and be closer to other facilities

·    Funding bodies do not allow for major capital works therefore need to relocate

·    New centre would be designed for future requirements and disabilities

·    Currently 46 clients

·    Prefer permanent facility rather than rented

·    Phoenix currently owns the building in Bowraville

 

ITEM 8.7      SF737                170909      Nambucca Valley Phoenix Ltd - Expression of Interest in Relocating Operations

1543/09 RESOLVED:       (Ainsworth/Court)

 

Council staff provide Nambucca Valley Phoenix Ltd with advice in identifying and evaluating potential sites which are Council or Crown owned for the potential relocation of the service.

 

 


DELEGATIONS continued

Ms Joan Kelly spoke to a powerpoint presentation making the following points:

·    The Program is a partnership with NSC which started in November 2008

·    Includes Headland Museum, Mary Boulton Pioneer Cottage Museum, Bowraville Folk Museum and Frank Partridge VC Military Museum

·    Program offers grant application assistance, conducts workshops, developing an emergency plan (eg how to cope with floods)

·    A collection policy has been developed which is particular to each Museum as they have different collections and needs

·    Stage 2 will include developing strategic plans and implementation of plan as well as facilitating archival storage.


 

ITEM 8.10    SF1077              170909      Museum Advisor Program - Progress Report

1544/09 RESOLVED:       (Flack/Court)

 

That the information provided by Ms Joan Kelly on the Museum Advisor Program be received and that ms Kelly be thanked for her work.

 

 


DELEGATIONS continued

Ms Anne Hartge addressed Council making the following points:

·    Has a wallaby release facility close to the development

·    Only rehab facility between Kempsey and Repton at present

·    This area should be preserved for native species

·    Issue of more domestic animals

·    Tree line comes right next to creek, governed by Water Management Act

·    Area contains vulnerable ecological communities

·    If dwelling is approved then it should be close to Mr Skinner’s boundary and only one lot be approved

·    Unkya Land Council are currently reviewing this development

·    Damage already started with motor bike riders

 

Mr Jock Palmer addressed Council making the following points:

·    Represents the owner of the land

·    Second time Council is considering this development

·    Application has been amended in line with Council’s requirements

·    Development will not compromise the wallaby release

·    Illegal bike riding and tree chopping should cease,  no intention to destroy vegetation

·    No filling proposed on site

·    Drainage site from dam will be fixed and vegetated

·    Dwelling will only be on cleared areas and vegetated areas of both sites will remain vegetated—should be no degradation.

 

ITEM 9.6      DA2009/128        170909      Report on DA 2009/128 - 2 lot Rural-Residential Subdivision

1545/09 RESOLVED:       (Moran/Ainsworth)

 

1          That Council determine DA 2009/128 for a two (2) lot subdivision by the granting of consent subject to conditions attached to this report and including any minor changes to the consent made under the delegated authority, as authorised by the Director of Environment and Planning:

 

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

 

FOR the Motion:   Councillors Hoban, South, Moran, Ainsworth, Finlayson        (Total 5)

AGAINST the Motion:    Councillors Court, Ballangarry, Flack, Smyth       (Total 4)

 

 


ASKING OF QUESTIONS WITH NOTICE

 

QWN274/09 - Cr. Paula Flack - Cities for Climate Change - Availability of Report to Council (Ref SF1407)

On 6 Aug Council resolved: That Council note that the Engineering Support Officer is to defer data input on plant use and road maintenance for one week to allow completion of the Cities for Climate Protection Milestone 1.   Has the work been completed and when can Council expect a report?

 

RESPONSE

 

The General Manager advised that the data for Milestone 1 has now been collated.  Consideration needs to be given to the target reduction in greenhouse gas emissions.  It is scheduled to be reported to the meeting on 15 October 2009.

 

 

 


QWN275/09 - Cr. Paula Flack - Introduction of Level 2 Water Restrictions (Ref SF1407)

Given the lack of rain, Bureau of Meteorology's forecast for September to November rainfall showing 'moderate to strong shifts in the odds favouring a drier than normal season across parts of eastern and southern Australia' and dropping surface flow and ground water levels in the catchment, will the Director of Engineering be considering introducing level 2 water restrictions to protect town water supply?

 

RESPONSE

 

The Director Engineering Services advised that Council has adopted Level 1 water restrictions as a permanent management tool for the water supply.

 

The triggers between each level relate mainly to the level of water in the borefield. As the water level drops the restriction levels increase. At the moment there is no change in the water levels in the borefield and an increase in water restrictions is not warranted.

 

The weather conditions from now through summer are likely to be hot and dry so increased water restrictions are likely during this period. The process will be that the borefields will be assessed each Monday and if a change in restrictions is warranted then the public will be advised through a full Media Release issued to all outlets on the Tuesday.

 

A copy of the list of Water restriction levels is on file. This table is common for the Mid North Coast Councils. The major impacts upon moving to Level 2 are as follows:

 

Domestic

          No sprinklers at any time

          Cars can only be washed using a bucket

          No filling of new swimming pools

Washing down on driveways only permitted between 6.00pm and 8.00pm on an odds and evens house number basis matching the date.

 

Commercial

          No sprinklers at any time for commercial gardens

Nurseries, bowling clubs and golf courses able to use sprinklers for 2 hours a day upon application and consent given.

         

 

 


QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

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

 

 


 


1546/09 Resolved:       (Court/Ainsworth)

 

That Item 9.1 from the General Purpose Committee be brought forward as there were people in the gallery waiting to hear the resolution.

 

Councillor Court left the meeting for this Item at 6.33 pm and returned at the conclusion of the Item at 6.35 pm.

 

ITEM 9.1           SF1309          170909      Report on Supplementary Height Analysis for Matthew Street, Scotts Head (Item 9.1 in the General Purpose Committee)

1547/09 RESOLVED:       (Flack/Smyth)

 

1          That Council note the supplementary Height Analysis provided by Bennell and Associates.

 

2          That Council endorse the Urban Design Strategy for Matthew Street, Scotts Head as prepared by Bennell and Associates (July 2009).

 

3          That Council resolve to modify Draft LEP Amendment No 68 in the following manner:

 

a        LEP Amendment No 68 shall provide site specific development controls for a sensitive scenic location in Matthew Street Scotts Head. These controls shall be based on well justified place based urban design investigations.

 

b        In order to remove this land from the provisions of Complying Development under the SEPP (Exempt and Complying Development Codes), the subject land shall be designated in accordance with the requirement of the SEPP (exempt and complying development codes).

 

4          That Council inform the Director-General of the Department of Planning of its decision to modify draft LEP Amendment No 68 and request a section 65 certificate or provide Council with delegated authority to exhibit the draft plan and the draft Urban Design Strategy for Matthew Street Scotts Heads.

 

5          That upon receipt of a Section 65 certificate or delegated authority from the Department of Planning, draft LEP Amendment No 68 (as amended), be exhibited along with the draft Urban Design Strategy, in accordance with the provisions of the Environmental Planning and Assessment Act 1979.

 

6          That following the conclusion of the exhibition period a further report be prepared and presented to Council.

 

NoteCr Moran requested that his vote be recorded as against this recommendation because he believes the height limits should be standardised in accordance with the State Government's complying development provisions.

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

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

 

 

 

 



General Manager Report

ITEM 8.1      SF959                170909      Outstanding Actions and Reports

1548/09 RESOLVED:       (Ainsworth/Moran)

 

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

 

1549/09 Resolved:       (Finlayson/Ainsworth)

 

That Council write to the NSW Rural Fire Service in relation to item 9 and advise their response is inadequate based on the recent bushfire experience in Victoria.

 

 

 


ITEM 8.2      SF334                170909      South Arm Hall Committee of Management - AGM 9 August 2009

1550/09 RESOLVED:       (Moran/Ainsworth)

 

That Council endorse the Committee of Management for the South Arm Hall and thank the outgoing Committee for their work in the past twelve months.

 

1551/09 Resolved:       (Court/Flack)

 

That the General Manager write to each Section 355 Committee of Management reminding them of the requirement for a financial report and what it should contain.

 

 

 


ITEM 8.3      SF588                170909      Nambucca Heads Museum - Committee of Management - Minutes of AGM 18 August 2009 and General Meeting
21 July 2009

1552/09 RESOLVED:       (Moran/Ainsworth)

 

That Council endorse the Committee of Management for the Nambucca Heads Museum and thank the outgoing Committee for their work in the past twelve months.

 

 

 


ITEM 8.4      SF321                170909      Missabotti Community Centre Committee of Management AGM - 15 July 2009

1553/09 RESOLVED:       (Moran/Flack)

 

That Council endorse the Committee of Management for the Missabotti Community Centre and thank the outgoing Committee for their work in the past twelve months.

 

 

 

 


 


ITEM 8.5      SF315                170909      Mary Boulton Pioneer Cottage and Museum - Committee of Management - Annual General Meeting 8 August 2009

1554/09 RESOLVED:       (Moran/Flack)

 

That Council endorse the Committee of Management for the Mary Boulton Pioneer Cottage and Museum and thank the outgoing Committee for their work in the past twelve months.

 

 

 


ITEM 8.6      SF770                170909      Independent Pricing and Regulatory Tribunal - Revenue Framework for Local Government - Draft Report

1555/09 RESOLVED:       (Court/South)

 

Council make a submission in response to the IPART draft report, “Revenue Framework for Local Government”, advising that the report is a positive step towards a more enlightened approach to local government finance and that the threshold requirement for a Council to be eligible to adopt Option B should be based on adequate financial and asset management practices as opposed to adequate financial performance.

 

 


Item 8.7 was dealt with under Delegations.

 

 

 


ITEM 8.8      SF1102              170909      Draft Integrated Water Cycle Management Strategy - Community Feedback Report

1556/09 RESOLVED:       (Court/Ainsworth)

 

That the information concerning community feedback on the draft Integrated Water Cycle Management Plan be received.

 

1557/09 Resolved:       (Flack/Court)

 

That Council seek clarification from the consultants regarding the receipt of individual submissions other than those on forms and that Council receive feedback on those individual submissions.

 

 



General Manager Report - LATE

ITEM 8.9      SF394                170909      Report on Investments to 31 August 2009

1558/09 RESOLVED:       (Court/Ballangarry)

 

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

 

 


Item 8.10 was dealt with under Delegations.

 

 

 


ITEM 8.11    SF791          170909         Land Development Committee - Minutes of Meeting –

                   17 September 2009

1559/09 Resolved:       (Ainsworth/Hoban)

 

That the minutes of the Land Development Committee held on Thursday 17 September 2009 be endorsed.

 

 

 


Director Environment and Planning Report

ITEM 9.1      SF1261              170909      Outstanding DA's >12 months, applications where submissions received and not determined to 4 September 2009

1560/09 RESOLVED:       (Court/Ainsworth)

 

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 9.2      SF1261              170909      DEP Applications and Statistical Reports July 2009-June 2010, 2002-2009 and Certificates Received 2004-2009

1561/09 RESOLVED:       (Court/Ainsworth)

 

1          That Council note development application statistics and processing times for July 2009-June 2010 compared with July 2008-June 2009.

 

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 2009-30 June 2010.

 

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

 

 

ITEM 9.3      SF1261              170909      Development Application Statistics with Comparable Figures for all Developments for 2008/2009 and Comparable Years from 2004-2009

1562/09 RESOLVED:       (Court/Moran)

 

That Council note development application statistics and processing times for the years 2004 to 2009.

 

 


ITEM 9.4      SF1148              170909      Contract Regulatory Officer's Report - August 2009

1563/09 RESOLVED:       (Moran/Ballangarry)

 

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

 

 

 


Director Environment and Planning Report - LATE

ITEM 9.10    SF1266              170909      Report on the Minutes of the Nambucca River Estuary and Coastline Management Committee Meeting held on 7 September 2009

1564/09 RESOLVED:       (Ballangarry/Finlayson)

 

That Council endorse the recommendations from the Nambucca River Estuary and Coastline Management Committee meeting held on Monday, 7 September 2009.

 

 

 


ITEM 9.5      DA2009/086        170909      Report on DA2009/086 - 2 Lot Rural Subdivision, 883 Lower Buckrabendinni Road, Bowraville

Motion:      (Flack/Smyth)

 

That Council determine DA 2009/086 for a two lot rural subdivision by refusing the application, for the following reasons:

a          Pursuant to Section 79C(1)(a)(i) of the EP&A Act, and Clause 11 b(i) & (ii) of Nambucca Local Environmental Plan 1995, the development proposal is not consistent with the objectives of the zone by virtue of its environmental impacts and potential to create unreasonable and uneconomic demands for provision of services. 

 

b          Pursuant to Section 79C(1) (a) (iii) of the EP&A Act the development proposal and in particular the proposed location of the building envelope on Lot 21 does not comply with DCP (4) Subdivision by virtue of its potential to present a bushfire risk and be adversely affected by dust nuisance.

 

c          Pursuant to Section 79C(1) (b) of the EP&A Act the proposed development and in particular the requirement for clearing on steep slopes to support asset protection zone and on-going road maintenance, will have adverse environmental and economic impacts.

 

d          Pursuant to Section 79C(1) (c) of the EP&A Act the physical constraints on the land are not suitable for the development as proposed.

 

e          Pursuant to Section 79C(1) (e) of the EP&A Act the financial impost on general ratepayers is not justified by the creation of one additional lot and refusal of the application satisfies the public interest based on financial sustainability concerns

 

Amendment:       (Finlayson/Moran)

 

That this matter be deferred for Council to undertake an onsite inspection.

 

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

 

1565/09 Resolved:       (Finlayson/Moran)

 

That this matter be deferred so that Council can undertake an onsite inspection.

 

 


Item 9.6 was dealt with under Delegations.

 

 


ITEM 9.7      DA2008/269        170909      Further Report on Staging of DA 2008/269 Deck, Garage & Internal Alterations/Change of use to Residential - 48 High Street, Bowraville

1566/09 RESOLVED:       (Moran/Flack)

 

That the matter be deferred and the Director Environment and Planning communicate to the applicant that they need to understand the recommendation and its implications so that there are no further delays.

 

 

 


ITEM 9.8      SF1268              170909      Progress report on Our Living Coast Sustainability Program

1567/09 RESOLVED:       (Moran/Ballangarry)

 

1          Council note the report on the progress of the Our Living Coast Regional Sustainability Project.

 

2          Council endorse the following staff nominations to the Steering Committee Phillip Gall and Project Team Jacqui Ashby.

 

3          Additional projects to be submitted for consideration as future possible on ground work projects are:

 

            a        Valla Beach Deep Creek walk bridge

            b        Draft Nambucca River Master Plan No 5, Bellwood Precinct path/link from Bellwood Park to Riverside Drive along Nambucca River foreshore,

            c        Draft Nambucca River Master Plan No 6, RSL Precinct path/link from RSL boat ramp to ANZAC Park along Nambucca River foreshore.

            d        Upgrade path/link from Park Street to Ulrick Drive and Beilby’s beach access.

            e        Upgrade path/link from V Wall across Headland to Shelly Beach.

            f         Valla Beach Cycleway Plan stages 1 & 5,

 

 


 


ITEM 9.9      SF1261              170909      DA's and CDC's Received and Determined under Delegated Authority to 25 August-8 September 2009

1568/09 RESOLVED:       (Moran/Finlayson)

 

That Council note the Development Applications/Complying Development Applications received and determined under delegated authority.

 

 


The meeting adjourned at 7.40 pm.

The meeting reconvened at 8.05 pm.

 

 

 


Director Environment and Planning Report - LATE

ITEM 9.11    SF241                170909      Urgent Update on Progress with Draft Nambucca Local Environmental Plan 2009

motion:      (Court/South)

 

1          That Council note this report on the progress of Draft Nambucca Local Environmental Plan 2009.

 

2          That Council endorse the actions taken thus far in an attempt to obtain a Section 65 Certificate from the Department of Planning for Draft Nambucca Local Environmental Plan 2009.

 

3          That Council endorse the preliminary timeline reinforcing its desire to receive the Section 65 Certificate by no later than 9 October 2009 to enable the Draft Nambucca Local Environmental Plan 2009 to be exhibited prior to the end of 2009.

 

4          That Council endorse the change in zone for the Lower Nambucca Employment Lands Area from IN2 Light Industrial to B7 Business Park.

 

5          That Council delegate authority to the Mayor and General Manager to authorise changes to the Draft Nambucca Local Environmental Plan 2009 as required by the Department of Planning to enable the issue of a Section 65 Certificate to exhibit the Draft Nambucca Local Environmental Plan 2009.

 

6                     That Council, upon receipt of the Section 65 Certificate and completion of any required amendments or changes, the Draft Nambucca Local Environmental Plan 2009 and all accompanying documents and maps be placed on exhibition provided that the exhibition period required by the Environmental Planning and Assessment Act and Regulations can be completed by Friday 18 December 2009 being a minimum of 28 days.

 

Amendment:       (Flack/Smyth)

 

That the recommendations be dealt with individually.  

 

The amendment was LOST.

 

Amendment:       (Flack/Smyth)

 

That the exhibition period be for at least two months.

 

The amendment was LOST.

 

The motion upon being put was carried and it was: 

 

1569/09 RESOLVED:       (Court/South)

 

1          That Council note this report on the progress of Draft Nambucca Local Environmental Plan 2009.

 

2          That Council endorse the actions taken thus far in an attempt to obtain a Section 65 Certificate from the Department of Planning for Draft Nambucca Local Environmental Plan 2009.

 

3          That Council endorse the preliminary timeline reinforcing its desire to receive the Section 65 Certificate by no later than 9 October 2009 to enable the Draft Nambucca Local Environmental Plan 2009 to be exhibited prior to the end of 2009.

 

4          That Council endorse the change in zone for the Lower Nambucca Employment Lands Area from IN2 Light Industrial to B7 Business Park.

 

5          That Council delegate authority to the Mayor and General Manager to authorise changes to the Draft Nambucca Local Environmental Plan 2009 as required by the Department of Planning to enable the issue of a Section 65 Certificate to exhibit the Draft Nambucca Local Environmental Plan 2009.

 

7                     That Council, upon receipt of the Section 65 Certificate and completion of any required amendments or changes, the Draft Nambucca Local Environmental Plan 2009 and all accompanying documents and maps be placed on exhibition provided that the exhibition period required by the Environmental Planning and Assessment Act and Regulations can be completed by Friday 18 December 2009 being a minimum of 28 days.

 

 

 


Director Engineering Services Report

ITEM 10.1    SF86                  170909      State Emergency Services Annual Report

1570/09 RESOLVED:       (Moran/Flack)

 

1        That Council provide a letter of appreciation to the Nambucca State Emergency Services Volunteers for their services to the community during 2008/2009.

 

2        That Council provide a letter of appreciation to Barry Swan for his role as the Local Controller for the State Emergency Services for the past 30 years.

 

 

 


ITEM 10.2    SF659                170909      Waste Management - Cost of Clean Fill

1571/09 RESOLVED:       (Moran/Finlayson)

 

That Council note that the $10/tonne charge on clean fill is actually the NSW Government's Waste Levy.

 

 


 


ITEM 10.3    SF1360              170909      Flood Damage - February, March/April and May 2009

1572/09 RESOLVED:       (Ainsworth/South)

 

That Council note the progress of works to complete the permanent restoration of damage from the February, March/April and May 2009 floods.

 

 


  

General Purpose Committee REPORT

ITEM 8.1           SF1043          170909      Policy - Opening Mail Addressed to Councillors (Item 8.1 in the General Purpose Committee)

1573/09 RESOLVED:       (Flack/Moran)

 

1          That Council adopt the amended “Records Management Policy and Plan”.

 

2          That Council delete the policy, “Instructions to staff - opening of mail other than contracts”.

 

3          That Council delete the policy, “Correspondence addressed to the Mayor”.

 

 

 


ITEM 8.2           SF1353          170909      30 June 2009 Budget Review (Item 8.2 in the General Purpose Committee)

1574/09 RESOLVED:       (Flack/Court)

 

1        That the budget review results to 30 June, 2009 be adopted subject to a final report with the Annual Statements.

 

2        That the list of revotes be approved and included as subvotes for 2009/10.

 

 

 

 


ITEM 8.3           SF941            170909      Monitoring of Tourism Action Plan and Strategic Review (Item 8.3 in the General Purpose Committee)

1575/09 RESOLVED:       (Ainsworth/Flack)

 

1        That Council and the Nambucca Valley Tourism Association collate a list of priorities and responsibilities for further promotional actions to be undertaken in 2009-2011 after consideration of the available budgets and human resources of NVTA and NSC.

 

2        That there be a report to Council on the opportunity for a Memorandum of Understanding between Nambucca Shire Council and Nambucca Valley Tourism Inc.

 

3        That Nambucca Valley Tourism Inc. be requested to reassess a collaboration with neighbouring areas, for example proposing a revised Memorandum of Understanding with Coffs Coast Marketing and/or Bellingen/Macleay.

 

4        That Council addresses the establishment of an alcohol free zone at the Visitor Information Centre, bus stop, car park, Quota Park.

 

5        That Council orders a fourth CCTV camera for monitoring the bus stop / breeze way.

 

6        That Council installs Perspex covers for the information board in the breezeway at the Visitor Information Centre.

 

7        That Council pushes the completion of the jetty at the Visitor Information Centre, to increase tourism attractions (River Cruises) and generate income by commission of the sale of tickets for river cruises.

 

8        The Council seek approval to install additional signage for the Visitor Information Centre before and at the northern Highway turnoff.

 

 

 


ITEM 8.4           SF639            170909      Review of Tourism Function (Item 8.4 in the General Purpose Committee)

1576/09 RESOLVED:       (Flack/Court)

 

That Council receive a report on the options for structuring a special rate for tourism marketing with revenue options of $30,000; $50,000 and $70,000.

 

 


Item 9.1 was dealt with under Delegations.

 

 

 


ITEM 9.2           SF1231          170909      Further Report on Draft Approvals Policy - Use of Road Reserves & Public Land for Commercial, Community & Charitable Activities (Item 9.2 in the General Purpose Committee)

1577/09 RESOLVED:       (Ainsworth/Finlayson)

 

1          That Council endorse the following amendments to the Approvals Policy – Use of Road Reserves and Public Land for Outdoor Dining Areas, Street Vending, Trading Tables and other Structures by Commercial Premises, and Community and Charitable Organisations:

 

a        That Council continue to permit A-frame signs in accordance with its current requirements and include them within this policy.

 

b        Street stalls conducted by existing community and charitable organisations shall be allowed to continue to operate in their current locations during the same time periods, providing each organisation has its own Public Liability Insurance Cover, and a copy of the Certificate of Currency is submitted to the Chamber of Commerce at the time of each booking, in lieu of notifying Council annually (as per the recommendation of the Macksville Chamber of Commerce by letter dated 31 July 2009).

 

c        Allow business premises to retain their trading tables/racks and café table and chairs that are approved and registered (annually) under the current Policy for the next two (2) years (30 September 2011), after which any continuation will need to be determined in accordance with the new provisions of this Approvals Policy. This concession shall only apply to the current owners/operators and will cease to apply if the business changes hands and/or the type of business changes.

 

d        After the transitional period referred to in 1(c) above and/or for any new proposed outdoor dining areas on public land (including footpaths), a development application shall be lodged for Council’s consideration. Such application shall comply with the provisions of this new Approvals Policy, including a formal agreement for the exclusive use of a designated area, for which a market value rental payment will be required and paid to Council and that Outdoor dining areas are to be delineated by on ground markings and    if required with a barrier.

 

e        The term “trading tables and the like” be amended to read “other structures” and the new description to read “other structures includes, but is not limited to; clothes racks, stands for other merchandise, promotional stands, street stalls, bargain bins, and the like.”

 

f         Subject to approval, outdoor dining areas and other structures are permitted to be located immediately outside the business premises (along the building line). Any such approval will be considered on its merits to ensure that pedestrian access (including wheelchair access and access for people with impaired vision) is not unreasonably impeded.

 

g        Only one trading table or other structure having dimensions not exceeding 2000mm long x 600mm wide shall be allowed per business premises.

 

h        The requirement for ‘costs associated with the preparation of a lease agreement (by Council’s Solicitor) must be met by the applicant’, be amended to require a standard form to be prepared and reviewed annually by Council’s Solicitor and the cost be paid by Council and recouped from ‘rental’ payments.

 

2          That the draft Approvals Policy retain the requirement for all outdoor eating areas to be smoke free environments.

 

3          That Council allow cafés or restaurants to seek a variation of Alcohol Free Zones to permit the consumption of alcohol in designated outdoor dining areas, only where approval is granted under a formal lease agreement which requires a market value payment for the exclusive use of such areas.

 

4          That Council undertake a survey and consult with the three Chambers of Commerce to identify where there may be opportunities to establish purpose built dining areas in the Macksville, Nambucca Heads and Bowraville CBD.

 

5          That Council's Revenue Policy be amended and exhibited in accordance with the Local Government Act, which proposes that the annual lease fees for leasing of footpath areas under this Approvals Policy shall be based on "fair market value" with all costs associated with the determination of "fair market value" undertaken by Council's appointed valuer shall be at the cost of the applicant.

 

6          That Council advertise the adoption of this Approvals Policy and its commencement date being 1 November 2009, all in accordance with the provisions of the Local Government Act and that each Chamber of Commerce, Access Committee and those persons/businesses who currently benefit from an approval be advised of the adoption and commencement date of this new Approvals Policy.

 

 

 


 


ITEM 9.3           SF135            170909      Report on Draft State of the Environment Report (Item 9.3 in the General Purpose Committee)

1578/09 RESOLVED:       (Court/Moran)

 

1       That the draft 2008/2009 State of the Environment Report be placed on public exhibition for a period of twenty eight (28) days.

 

2        That at the conclusion of the exhibition period, a further report in response to any submissions received be prepared and presented to Council prior to the adoption of the Draft State of the Environment Report.

 

 

 


ITEM 10.2         PRF15           170909      Coronation Park - Skateboard Park (Item 10.2 in the General Purpose Committee)

1579/09 RESOLVED:       (Flack/Smyth)

 

That Council note the meeting with Meadow Crescent residents relating to the skateboard facility.

 

1580/09 Resolved:       (Hoban/Ainsworth)

 

That Council write to the Police Area Commander advising him of the issues raised by the residents at the site inspection and request that the Police promptly respond to any call-outs tot he skateboard park and undertake patrols of the area.

 

1581/09 Resolved:       (Hoban/Ainsworth)

 

That Council write to the Skaters Association and the Coronation Park Committee of Management advising them of the issues raised by the residents at the site inspection and whether they could consider a roster for supervision of the skateboard park.  Also, that the Skaters Association be requested to consider a representative addressing schools in the area concerning safety and skateboards and the use of the skateboard park.

 

 

 


ITEM 10.1         SF922            170909      Memorial in Honour of Caleb Jarrett - Nambucca Heads (Item 10.1 in the General Purpose Committee)

1582/09        Resolved: (Ainsworth/Finlayson)

 

That Council approach the applicant and request that the memorial be redesigned in a form that reflects Council's policy.  Further, that the redesign take safety considerations into account.

 

NoteCr Moran requested that his vote be recorded as against this resolution.

 

 


 


ITEM 10.3         SF444            170909      Road Hierarchy Plan and Grading Schedule (Item 10.3 in the General Purpose Committee)

1583/09 RESOLVED:       (Hoban/Ainsworth)

 

That the revised Road Hierarchy Plan and Grading Policy be adopted but the Director Engineering Services provide a grading program which is a schedule rather than a policy.

 

 

 


ASKING OF QUESTIONS WITHOUT NOTICE

 

QWN276/09 - Cr. Michael Moran - Clarence Regional Library - Clarification of Venue for Next Meeting (Ref SF1407)

In response to a question from Cr Moran regarding clarification of where the next meeting of the Clarence Regional Library Committee will be held, the General Manager advised Cr Moran that it will be conducted in Coffs Harbour and that representatives from the State Library will be attending that meeting.

 

 

 


QWN277/09 - Cr. Paula Flack - Council's Crew Working on North Arm - Vote of Thanks (Ref SF1497)

Cr Flack passed on a vote of thanks from residents in the North Arm area for the sidearm slashing in that area stating that the visibility is much improved thereby increasing safety.

 

 

 

 


QWN278/09 - Cr. Janet Court - Code of Meeting Practice - New Regulations (Ref SF1407)

In response to a question from Cr Court regarding the new Code of Meeting Practice regulations and if Council will be receiving a copy when they become available, the General Manager answered in the affirmative.

 

 

 

 


CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 8.45 pm. 

 

Confirmed and signed by the Mayor on 1 October 2009.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)