NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 17 April 2008

 

PRESENT

 

Cr George Hicks (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry

Cr Barry Duffus

Cr Mike Moran

Cr Rhonda Hoban

Cr Sue Nash

Cr Chris Waller

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Bruce Redman (Director Engineering Services)

Greg Meyers (Director Environment & Planning)

Monika Schuhmacher (Minute Secretary)

 

 

PRAYER

 

Pastor Peter Lott, offered a prayer on behalf of the Nambucca Minister's Association.

 

 

LEAVE

 

That Cr Flack was granted leave of absence in accordance with Section 234(d) of the Local Government 1993 for the period 1 April to 8 May 2008 inclusive.

 

 

Ordinary Council Meeting

 

SUBJECT:   DISCLOSURE OF INTEREST

 

Mr Greg Meyers, Director Environment and Planning, declared a pecuniary interest in Item 6.2 Restructuring of the Department of Environment and Planning into separate Town Planning and Building Departments under the Local Government Act as the resolution, if carried, could have an adverse impact on his employment,  and took no further part in debate or discussion.

 

Councillor JA Ainsworth declared a pecuniary interest in Item 9.1 of the Works Inspection Report: Rural Residential Excess Area Report under the Local Government Act as he owns land in release area and took no further part in debate or discussion.

 

Councillor SN Nash declared a pecuniary interest in Item 11.10 of the Works Inspection Report:Rezone Land from 2(A) Residential to 3(a) Business – Cnr Boundary Street and Pacific Highway Macksville under the Local Government Act as her father-in-law owns industrial zoned land in Macksville on which she farms,  and took no further part in debate or discussion.

 

Councillor SN Nash declared a pecuniary interest in Item 11.10 of the Works Inspection Report:Rezone Land from 2(A) Residential to 3(a) Business – Cnr Boundary Street and Pacific Highway Macksville under the Local Government Act as her father-in-law owns industrial zoned land in Macksville on which she farms,  and took no further part in debate or discussion.

 

Councillor SN Nash declared a pecuniary interest in Item 11.11 of the Works Inspection Report:Report on DA2008/043 Demolition of Existing Motel and Erection of a Supermarket, Liquor Store and Three (3) Speciality Shops under the Local Government Act as her father-in-law owns industrial zoned land in Macksville on which she farms,  and took no further part in debate or discussion.

 

Councillor M Moran declared a pecuniary interest in Item 11.11 of the Works Inspection Report:Report on DA2008/043 Demolition of Existing Motel and Erection of a Supermarket, Liquor Store and Three (3) Speciality Shops under the Local Government Act as he owns property which inflicts with Boundary and Cooper Streets, Macksville,  and took no further part in debate or discussion.

SUBJECT:   DISCLOSURE OF INTEREST continued

 

Councillor CM Waller declared a pecuniary interest in item 11.12 Report on DA 2008/109 – Residential Aged Care Facility and Independent Living Units, Lee and Short Streets, Nambucca Heads under the Local Government Act as he is on the Board of Nambucca Valley Care and took no further part in debate or discussion.

 

 

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 3 April 2008

246/08 Resolved:         (Duffus/Moran)

That the minutes of the Ordinary Council Meeting of 3 April 2008 be confirmed.

 

 

 

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Mayoral Minutes

ITEM 5.1      SF979                170408      Mayoral Minute - Local Water Utilities Inquiry

247/08 Resolved:         (Hicks/Ainsworth)

 

That Council receive the information concerning a meeting of MIDGOC Mayors on 27 March 2008 to discuss the Local Water Utilities Inquiry.

 

 

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Mayoral Minutes - LATE

ITEM 12.5    SF261                170408      Upgrading of the Pacific Highway

248/08 Resolved:         (Hicks/Duffus)

 

That Council request that the RTA make available staff to attend 2 separate public meetings in the Council Chambers.  The first meeting would deal with the Warrell Creek to Macksville section and the second meeting would deal with the Macksville to Urunga section.

 

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NOTICE OF MOTION – CR Hoban

ITEM 6.1      RF320                170408      Greenhills Road - Improved Access to Ngambaa Nature Reserve

249/08 Resolved:         (Hoban/Ainsworth)

 

That Council arrange an onsite Works Inspection with Ms Joy Lane and a representative of Kyeewa  Bushwalkers, at Greenhills Road, to consider improvement of the access to Ngambaa Nature Reserve.

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

 

---oo0oo---

 

NOTICE OF MOTION – CR Moran OAM

Mr Greg Meyers left the meeting, the time being 5.38 PM.

ITEM 6.2      SF793                170408      Restructuring of the Department of Environment and Planning into separate Town Planning and Building Departments

250/08 Resolved:         (Moran/Hoban)

 

That Council investigate a restructuring of the Environment and Planning Department into two separate departments – one dealing with planning and environment and the other dealing with health and building matters.

 

Note:  Cr Waller and Cr Ballangarry requested that their votes be recorded as against this resolution.

 

Mr Greg Meyers returned to the meeting, the time being 5.40 PM

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DELEGATIONS

Resolved: (Duffus/Nash)

 

That the following delegations be heard:

 

Item 11.5:     Rehabilitation Bonds - Mac'scon Pty Ltd - Wia-Ora Sand And Gravel Supplies

 

(i)       Mr Rob McWilliam—proprietor Mac’scon Pty Ltd

         

 

Item 11.11:   Demolition of existing Motel and Erection of a Supermarket, Liquor Store and Three (3) Speciality Shops, Pole Sign and associated Car Parking

 

(i)       Mr Barry Swan on behalf of the Nambucca River Cooperative, opposing the development

(ii)      Mr Don Keirghan—resident opposing the development

(iii)     Michael McKay—resident opposing the development

(iv)     Mr Stephen Weller on behalf of Nambucca Hotel, Macksville—opposing the development

(v)      Mr Albert Crowther—resident in favour of the development

(vi)     Mr Richard Armitage on behalf of Woolworths

 

 

 

Mr Rob Mc William addressed Council making the following points:

·          Land is fully rehabilitated

·          Not extracted since 1998, all fenced and no cattle grazing

·          No government funding available to assist with rehabilitation of riverbank

 

ITEM 11.5    SF744                170408      Rehabilitation Bonds - Mac'scon Pty Ltd - Wia-Ora Sand and Gravel Supplies - DA 1995/102 and T1-9-57

251/08 Resolved:         (Nash/Hoban)

 

That Council again write to the Department of Water and Energy giving them 30 days to concur with the release of the two bonds held by Council, or if they are not satisfied with the rehabilitation works then they outline what additional works are required.

 

---oo0oo---

Councillors Ainsworth, Nash and Moran left the meeting, the time being 5.49 pm

 

General Manager read a letter from Woolworths received on 14 April 2008 a copy of which is on file.

 

Mr Crowther addressed Council making the following points:

·          Speaking in favour of the proposal

·          Wonderful for Macksville

·          Better parking

·          Travels to Nambucca as local shops do not carry some item required

·          Growing are of Macksville has not got a decent shopping centre

·          Business people have got blinkers on

·          Woolworths in Macksville will attract more people

 

Mr Mick McKay addressed Council making the following points:

·          Speak against the proposal

·          Representing home owners in Willis Street

·          Properties adversely affected by proposal

·          Noise from loading docks, large vehicles, fork lifts, semi trailers at night waiting to unload, etc

·          Affected adversely by lighting of area

·          Local youths may congregate

·          Supply of liquor

·          Could increase level of flooding to northern end of Willis Street

·          Further traffic congestion may be caused by child minding centres in vicinity

·          Sale price of homes may be reduced

 

Mr Stephen Weller addressed Council making the following points:

·          Three firms of consultants have arrived at the same finding ie wrong location, economic impact

·          Businesses concerned about their businesses and livelihoods

·          Against draft regional plan for town centres

·          No ability to create synergy and bring two town centres together

·          Business people would like to see diversity not duplication

 

ITEM 11.11   DA2008/043        170408      Report on DA 2008/043 Demolition of existing Motel and Erection of a Supermarket, Liquor Store and Three (3) Speciality Shops, Pole Sign and associated Car Parking

252/08 Resolved:         (Duffus/Hoban)

 

That this matter be deferred.

 

---oo0oo---

 

ITEM 11.10   SF561                170408      Rezone land from 2(a) Residential to 3(a) Business - Cnr Boundary Street and Pacific Highway Macksville and 25-33 Cooper Street, Macksville

253/08 Resolved:         (Duffus/Hoban)

 

That this matter be deferred.

 

 

Councillors Ainsworth, Nash and Moran left the meeting, the time being at 6.06 pm

 

 

 

 

General Manager Report

ITEM 10.1    SF959                170408      Outstanding Actions and Reports

254/08 Resolved:         (Duffus/Ainsworth)

 

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

 

---oo0oo---

 

 

ITEM 10.2    SF708                170408      Grant Application Status Report

255/08 Resolved:         (Hoban/Nash)

 

That the list of grant programs and their status be received.

 

---oo0oo---

 

 

ITEM 10.3    SF111                170408      Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008

256/08 Resolved:         (Hoban/Ainsworth)

 

That Council note the Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008.

 

---oo0oo---

 

 

ITEM 10.4    SF111                170408      Proposed Privatisation of the NSW Electricity Industry

257/08 Resolved:         (Waller/Ballangarry)

 

That the correspondence from Unions NSW be received.

 

---oo0oo---

 

ITEM 10.5    SF775                170408      Nomination for Board of Arts Mid North Coast

258/08 Resolved:         (Nash/Hoban)

 

That Council appoint Cr Ballangarry to participate on the Board of Arts Mid North Coast Inc.

 

---oo0oo---

 

 

 

ITEM 10.6    SF394                170408      Review of Local Government Investments

259/08 RESOLVED:         (Ainsworth/Waller)

 

1        That Council note this report.

 

 

260/08 Resolved:         (Moran/Hoban)

 

2        That Council write to Mr Michael Cole and seek advice as to how Council faired with its investments as we were not mentioned in the report.

 

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

 

---oo0oo---

ITEM 10.7    SF394                170408      Report on Investments

261/08 Resolved:         (Nash/Hoban)

 

That the Manager Financial Services’ Report on Investments placed to 31 March 2008 be noted.

 

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ITEM 10.8    SF941                170408      Tourism Strategy

262/08 Resolved:         (Duffus/Waller)

 

That Council adopts the Nambucca Valley Tourism Strategic Review with Council’s commitment to permanent staffing being a part time position at 3 days per week.

 

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ITEM 10.9    SF544                170408      Environmental Planning and Assessment Amendment Bill 2008 - S94 Contributions

263/08 Resolved:         (Ainsworth/Ballangarry)

 

That the Report be received and noted.

 

---oo0oo---

 

Director Environment and Planning Report

ITEM 11.1    SF283                170408      Report on Access Committee Minutes 18 March 2008

264/08 Resolved:         (Waller/Duffus)

 

1          That Council note the minutes from the Annual General Meeting held on 18 March 2008 and endorse the membership to the Access Committee of Cr Chris Waller (Chairperson), Margaret Hutchinson (Deputy Chair), Michelle Donges (Secretary); and Committee Members: Cr Martin Ballangarry (NSC appointment to the committee), Jennifer Croaker (Guide Dogs Assoc of NSW), Frank Probert, Lyn Foster, Keith Davis and Dot Secomb (Blind Citizens Australia).

 

2          The Council note the approaches being taken for developing the 2008-2012 Disability Action Plan, including using the NSW Disability Policy Framework and commencement with comment on the draft Workplace Diversity Strategy.

 

3          That the quorum for the Access Committee be adjusted to at least thirty-three of one half percent (33.5%) plus one of the number of ordinary members and that the constitution be adjusted and signed under seal if so required.

 

4          That the matter of access at the corner of Winfred and Princess Streets Macksville be referred to the Nambucca Shire Council Traffic Committee for its comment regarding possible improvements to pedestrian safety by delineating the border between the Loading Zone and roadway.

 

5          That the remaining minutes of the Access Committee meeting held on 18 March 2008 be noted.

 

---oo0oo---

 

ITEM 11.2    SF776                170408      Report on Attendance at 48th Floodplain Management Authorities Conference 26-29 February 2008, Wollongong

265/08 Resolved:         (Ainsworth/Nash)

 

1          That the report on the 48th Annual Floodplain Management Authorities Conference held on 26–29 February 2008 in Wollongong, be noted.

 

2          That Council be represented at the 49th Annual Floodplain Management Authorities Conference to be held in Albury–Wodonga in February 2009.

 

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ITEM 11.3    SF225                170408      Bowraville Dog Health Program 29 April 2008

266/08 lost motion      (Waller/Ballangarry)

 

1          That Council advise the NSW Department of Health that it is prepared to offer an 80% discount for the lifetime registration for all desexed dogs under the proposed Dog Health Program, with the following fees applying:

 

Desexed Animal:                                  $8

Pensioner owned, desexed animal          $3

 

2          Council note that its contract Regulatory Officers will be in attendance at the program to provide educational material and assist with providing the requirements to dog owners to register and managed their pets in the community.

 

---oo0oo---

 

 

 

 

 

 

ITEM 11.4    SF225                170408      Proposed Off-Leash Area for Macksville and Bowraville, Companion Animals Act 1998

267/08 Lost Motion:     (Duffus/Waller)

 

1          Advertise the proposals for off leash areas at Macksville, southern end of Lot 16 DP 595617, (Donnelly Welsh Playing Fields) and Bowraville R43057 for a period of twenty eight (28) days.

 

2          All adjoining property owners to the proposed off leash areas be provided with written notified of the proposal.

 

3          A further report be submitted to Council at the conclusion of the public notification period for consideration of any submissions prior to considering the proposal further.

 

4          An additional vote of $4,860 will be required in the draft 2008/2009 budget to accommodate the servicing of the bins by Council’s works staff and Regulatory Contractor.

 

---oo0oo---

 

ITEM 11.5 was dealt with under Delegation.

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ITEM 11.6    SF225                170408      Contract Regulatory Officer's Report March 2008

268/08 RESOLVED:         (Nash/Hoban)

 

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

 

---oo0oo---

 

 

ITEM 11.7    SF691                170408      Development Application Statistics with Comparable Figures for July 2006-March 2007 and July 2007-March 2008

269/08 Resolved:         (Moran/Duffus)

 

1          That Council note development application statistics and processing times for July 2007-March 2008 compared with July 2006-March 2007.

 

2          That Council note development application statistics and processing times for the years 2002 to 2008.

 

3          That Council note the statistical breakdown of development applications thus far for the financial year 1 July 2007-30 June 2008.

 

---oo0oo---

 

 

 

 

ITEM 11.8    SF691                170408      Outstanding Development Applications and Applications Received 10 March 2008 to 4 April 2008

270/08 Resolved:         (Ainsworth/Nash)

 

That the list of outstanding development applications and applications received, be noted and received for information by Council.

 

---oo0oo---

 

 

ITEM 11.9    SF691                170408      Development Applications Determined Under Delegated Authority to 9 April 2008

271/08 RESOLVED:         (Moran/Hoban)

 

That Council note for information the following Notices of Determination and Certificates granted under delegation by the Director Environment and Planning to 9 April 2008.

 

---oo0oo---

 

ITEM 11.10 was dealt with under Delegations.

ITEM 11.11 was dealt with under Delegations.

 

---oo0oo---

 

Councillor Chris Waller left the meeting, the time being 06:43

ITEM 11.12   DA2008/109        170408      Report on DA 2008/109 - Residential Aged Care Facility and Independent Living Units, Lee & Short Street, Nambucca Heads

272/08 Resolved:         (Ainsworth/Nash)

 

1          That Council allow an increase in the 8m height and approve development application DA 2008/109, subject to appropriate condition of development consent.

 

2          That those persons making submissions in respect of the proposal be advised of Council's decision.

---oo0oo---

 

Councillor Chris Waller returned to the meeting, the time being 06:46 PM

 

ITEM 11.13   SF864                170408      Report on LEP Amendment 64 - Statutory Review of LEP 1995

273/08 Resolved:         (Hoban/Ainsworth)

 

1          That Council discontinue draft LEP Amendment 64 and incorporate appropriate LEP changes and that all submissions be further considered in the preparation of draft LEP 2008.

 

2          That the applicants and all persons who made submissions to draft LEP Amendment 64 be advised of Council’s decision.

 

---oo0oo---

 

 

ITEM 11.14   SF669                170408      Further Report on Improving the NSW Planning System following Public Exhibition

274/08 Resolved:         (Hoban/Ainsworth)

 

That Council note the report and make a submission to the Director-General of the Department of Planning and the Minister for Planning strongly objecting to the limited timeframe for submissions on the draft Bills, and lack of credible or genuine attempt to engage public participation in the planning reforms process.

 

---oo0oo---

 

 

 

Director Engineering Services Report

ITEM 12.1    SF444                170408      Report on Road Maintenance

275/08 Resolved:         (Nash/Waller)

 

That the report be noted.

 

---oo0oo---

 

 

ITEM 12.2    SF834                170408      National Local Roads and Transport Congress

276/08 Resolved:         (Ainsworth/Waller)

 

That the Mayor and Director of Engineering be authorised to attend the 2008 National Local Roads and Transport Congress.

 

---oo0oo---

 

 

ITEM 12.3    SF844                170408      Nambucca District Water Supply Steering Committee Meeting - 2 April 2008

277/08 Resolved:         (Nash/Ballangarry)

 

That Council adopt the minutes of the Steering Committee Meetings held on 2 April 2008.

 

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ITEM 12.4    SF84                  170408      NSW Rural Fire Service - Alternate Office Accommodation

278/08 RESOLVED:         (Waller/Ainsworth)

 

That Council defer a relocation decision to enable the proper investigation of other options.  These options would involve all users of the NEOC facility.  Also the report is to consider whether the proposed office for the RFS at the Midco site is a permissible use.

 

Note:  Cr Duffus and Cr Moran requested that their votes be recorded as against this resolution.

 

---oo0oo---

  

 

 

Works Inspection Committee REPORT

 

Councillor John Ainsworth left the meeting, the time being 7.08 PM

 

ITEM 8.1 (8.1)   8344/2008      170408      Draft Management Plan

279/08  RESOLVED:        (Hoban/Duffus)

 

1.       That the draft Management Plan be placed on public exhibition for a minimum of 28 days subject to the noted alterations being made.

 

 

280/08  RESOLVED:        (Moran/Hoban)

 

2.       That two public information session be conducted on the draft Management Plan and Budget, one in Nambucca Heads and one at the Council Chambers during the exhibition period.

---oo0oo---

Councillor John Ainsworth returned to the meeting, the time being 7.12 PM

 

 

ITEM 9.1 (9.1)   8388/2008      170408      Rural-Residential Excess Area Report

281/08   RESOLVED:       (Hoban/Moran)

 

1        That Council seek written confirmation from the DoP that the adopted Rural Residential Strategy will have a formal status in the planning system.

 

 

282/08  Resolved:        (Hoban/Nash)

 

2        That Council write to the DoP requesting that they concur with the introduction of an interim Rural Residential Land Release quota based on the previous rolling 5 year quota of 250 lots for subdivisions in accordance with the provisions of NLEP 1995 (within the broken black line and in accordance with Clause 16) until the finalisation of the Draft Rural Residential Land Release Strategy and the gazettal of the new Nambucca LEP 2008.

 

 

283/08   Resolved:       (Hoban/Duffus)

 

3        In the event that the DoP concur with an Interim Quota, Council establish specific criteria for acceptance of applications which should include such criteria as maximum number of new lots per application/ownership/holding, period of time in which the application must be completed, ballot system for acceptance of applications, period afforded to lodge an application etc.

 

 

 

284/08  Resolved:        (Hoban/Nash)

 

4        That the Strategy be amended to spell out, in plain English, how land identified as short and longer term release respectively, will be zoned under NLEP 2008 and the implications of the new zonings for Rural Residential subdivision.

 

 

285/08  Resolved:        (Hoban/Moran)

 

5        That Council proceed to advertise the Draft Rural Residential Land Release Strategy for 28 days as recommended by the consultants.

 

 

 

 

286/08  Resolved:        (Hoban/Nash)

 

6        That while the Strategy is on display Council write to the DoP and ask for their comments on the proposed inclusion of land currently within the broken black line of Zone 1(a)1 Rural, and within the preferred route corridor (Pacific Highway Upgrade) as short term release in the Rural Residential Land Release Strategy.

 

 

---oo0oo---

 

ITEM 10.1 (10.1)                     8138/2008 170408     Extension of Road Maintenance

287/08 RESOLVED:         (Duffus/Moran)

 

1        That a 61 m section of public road known as Mill Lane be added to Council's Road Register and be sealed.

 

 

288/08  RESOLVED:        (Hoban/Duffus)

 

2        That a 265 m section of public road known as Moores Lane be added to Council's Road Register and be listed for routine maintenance.

 

 

289/08  RESOLVED:        (Hoban/Moran)

 

3        That a 180 m section of public road known as Figtree Road be added to Council's Road Register and be listed for routine maintenance.

 

 

290/08  Resolved:        (Duffus/Waller)

 

4        That Council seal the first gravel section of Clayholes Road between the two existing sealed sections.

 

291/08  Resolved:        (Ainsworth/Waller)

 

5        That Council write to the farmer on Browns Crossing Road requesting him to keep his cattle off the formed road so as to assist in road maintenance and road safety.

 

 

Note:  Cr Waller requested that his vote be recorded as against Resolution 1..

 

Note:  Cr Duffus and Cr Waller requested that their votes be recorded as against this Resolution 5

 

---oo0oo---

 

 

ITEM 10.2 (10.2)                     7489/2008 170408     Emergency Management Plan

292/08  RESOLVED:        (Moran/Hoban)

 

1        That Council note the development of the draft Nambucca Emergency Risk Management Plan and thank Nigel Sutton for attending.

 

 

293/08  ReSOLVED:        (Hoban/Duffus)

 

2        That the Local Emergency Management Committee be asked to accept Cr Moran as a member.

 

 

---oo0oo---

 

 

ITEM 10.3 (10.3)                     8129/2008 170408     Draft Budget 2008/2009 - Capital Roadworks

Recommendation:   (Not dealt with as it was considered as part of item 10.1)

 

That Council determine the road to be included in the 2008/2009 budget under the Rural Road Reconstruction Activity.

 

 

---oo0oo---

 

 

ITEM 10.4 (10.4)                     7499/2008 170408     Policy Review - Roadside Maintenance

MOTION:      (Moran/Ainsworth)

 

That Council adopt the reviewed policy on Roadside Maintenance.

 

Amendment:       (Hoban/Duffus)

 

That the policy on Roadside Maintenance include a paragraph requiring that following reach mowing and after woody weeds have sufficient new shoots that they be treated with a selective herbicide.

 

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

 

294/08  Resolved:        (Hoban/Duffus)

 

That the policy on Roadside Maintenance include a paragraph requiring that following reach mowing and after woody weeds have sufficient new shoots that they be treated with a selective herbicide.

 

 

---oo0oo---

 

 

ITEM 10.5 (10.5)                     8237/2008 170408     Town Services

295/08  Resolved:        (Ainsworth/Hoban)

 

That Council proceed with the proposal for year 1 excluding the purchase of a walk behind sweeper and that a report come forward on assessing the best arrangement for Town Services in subsequent years.

 

---oo0oo---

    

 

 

 

 

 

 

ASKING OF QUESTIONS WITHOUT NOTICE

 

QWN82/08 - Cr. Barry Duffus - 57 Marshall Way Nambucca Heads, Blocked Drain (Ref SF1136)

Cr Duffus requested the Director Engineering Services to check the blocked drain in front of Jimmy Langs.

 

---oo0oo---

 

 

 

QWN83/08 - Cr. Barry Duffus - Potholes on the Increase (Ref SF1136)

Cr Duffus enquired as to why the potholes in the Shire are increasing even though Council has a pave liner machine.

 

The General Manager advised Cr Duffus that the wet weather has interrupted work by the paveliner however, more Saturday work is being organised for the paveliner.

 

---oo0oo---

 

 

 

QWN84/08 - Cr. Barry Duffus - Bridge opposite Riverside Gardens - Trees (Ref SF1136)

Cr Duffus enquired if the DES could attend to the trees growing at the bridge opposite Riverside Gardens opposite Kelly Newman as water is coming over the road in heavy rain and this could cause a drowning.

 

---oo0oo---

 

 

 

QWN85/08 - Cr. Barry Duffus - Walkway and Cycleway in Nambucca Heads, Bellwood Drive (Ref SF1136)

Cr Duffus enquired as to why Council has not continued with the walkway and cycleway around Bellwood Drive?

 

The Director Engineering Services advised contractor having trouble with the tide/causeway.  Will return when tides are more suitable

 

---oo0oo---

 

 

 

QWN80/08 - Cr. Chris Waller - Coronation Park - Hole next to Concrete (Ref SF1136)

Cr Waller requested the Director Engineering Services to attend to the large 60 cm X 2 m hole next to the concrete at Coronation Park.

 

---oo0oo---

 

 

 

QWN81/08 - Cr. Chris Waller - Grants Officer (Ref SF1136)

Cr Waller asked when the Grants Officer will be commencing and will community groups have access to this person.

 

---oo0oo---

 

 

 

QWN86/08 - Cr. Rhonda Hoban - Capital Guaranteed Long Term Investment Funds (Ref SF1136)

Cr Hoban why these funds are guaranteed by and what is the extend of the guarantee?

 

The General Manager advised that a report would be provided to Council.

 

---oo0oo---

 

 

QWN87/08 - Cr. Rhonda Hoban - Real Estate Licenses for Nambucca Shire Council Staff (Ref SF1136)

Cr Hoban enquired if any of the activities of Council staff require them to have any form of real estate license or registration. 

 

The General Manager’s response was that there was no requirement. 

 

 

 

QWN88/08 - Cr. Rhonda Hoban - Paveliner (Ref SF1136)

Cr Hoban asked if the performance figures originally quoted by the Manager Civil Works ($/m3 and m3/day) being achieved.  If not, why, and when can Council expect the quoted level?

 

 

---oo0oo---

 

 

QWN89/08 - Cr. Michael Moran - Show Night & Youth Services Bus Clash (Ref SF1136)

Cr Moran questioned why Council’s Youth Services had organised a function on the same night at the Show with buses being ordered for the Youth function and no one on them.

 

Cr Moran was informed that a report will be provided to Council on the Youth activity.

 

---oo0oo---

 

 

QWN90/08 - Cr. Barry Duffus - Complaints regarding Gordon Park. (Ref SF1136)

Cr Duffus requested a list of all the time he complained about Gordon Park as he want to contact Current Affair.

 

---oo0oo---

 

 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

296/08 Resolved:         (Duffus/Hoban)

 

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:

 

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Director Environment and Planning Report - LATE

For Confidential Business Paper in Closed Meeting

ITEM 12.7    8640/2008           170408      Land and Environment Court Hearing Contempt of Court - West Street, Nambucca Heads

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.

 

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CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.30 pm.

 

RESUME IN OPEN MEETING

Resolved: (Hoban/Ainsworth)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at   7.32 pm.

 

 

FROM COUNCIL IN CLOSED MEETING

 

Director Environment and Planning Report - LATE

For Confidential Business Paper in Closed Meeting

ITEM 12.7    8640/2008           170408      Land and Environment Court Hearing Contempt of Court - West Street, Nambucca Heads

297/08 RESOLVED:         (Hoban/Ainsworth)

 

1          That Council note the outcome of the Court action against Mirage Property Group Pty Ltd due to their non compliance with the Development Consent and Consent Orders.

 

2          That a media release be issued outlining Council’s strong position on compliance with development consent conditions and soil and erosion controls on development sites.

 

Note:  Cr Duffus and Cr Moran requested that their votes be recorded as against this resolution.

 

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CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.37 pm. 

 

Confirmed and signed by the Mayor on 1 May 2008.

 

 

 

CR GEORGE HICKS

MAYOR

(CHAIRPERSON)