NAMBUCCA SHIRE COUNCIL
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Ordinary
Council Meeting
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MINUTES OF THE Ordinary Council
Meeting HELD ON 18 December 2008
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PRESENT
Cr Rhonda
Hoban (Mayor)
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Cr John
Ainsworth
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Cr
Martin Ballangarry OAM
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Cr Janet Court
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Cr
Brian Finlayson
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Cr Paula
Flack
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Cr Mike
Moran OAM
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Cr Elaine
South
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Cr Anne
Smyth
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ALSO PRESENT
Michael Coulter (General Manager)
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Bruce Redman (Director Engineering Services)
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Greg
Meyers (Director Environment & Planning)
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Monika
Schuhmacher (Minute Secretary)
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PRESENTATION OF NATIONAL MEDALS
Mr Luke Hartsuyker MP, Federal Member for
Cowper, congratulated Medal recipients Mr Alan Mitchell and Mr Christopher
Pearson for their long standing service to the community.
PRAYER
Reverend David Hanger, offered a
prayer on behalf of the Nambucca Minister's Association.
Ordinary Council Meeting
SUBJECT: DISCLOSURE
OF INTEREST
Councillor AM
Smyth declared a non-pecuniary insignificant conflict of interest in Item 8.3
of the General Purpose Committee meeting Excavation
at Rear of Nambucca Entertainment Centre under the Local Government
Act as she is a member of the Nambucca Valley
Arts Council which is a tenant in the Entertainment Centre.
Councillor PF
Flack declared a non-pecuniary insignificant conflict of interest in Item 9.5 Sale of Pioneer Community Centre
under the Local Government Act as she is a member of Radio 2NVR.
Councillor AM
Smyth declared a non-pecuniary significant conflict of interest in Item 10.9 Report on Notice of Class 4 Proceedings in Relation
to DA 2004/136 under the Local Government Act as she is a volunteer member
of the Nambucca Valley Conservation
Association which is a party in these proceedings and left the meeting for this
item.
Councillor PF
Flack declared a non-pecuniary significant conflict of interest in Item
10.9 Report
on Notice of Class 4 Proceedings in Relation to DA 2004/136 under the Local
Government Act as she is a member of the Nambucca Valley
Conservation Association which the EDO is
acting on behalf of with regard to the Class 4 Proceedings and left the meeting
for this item.
Councillor JE Court declared a non-pecuniary insignificant conflict interest in Item
9.5 under the Local Government Act as she is a member of Radio 2NVR.
SUBJECT: CONFIRMATION
OF MINUTES of ORDINARY Council MEETING—4 December 2008
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824/08 Resolved: (Flack/Moran)
That the minutes of the Ordinary Meeting of
Council of 4 December 2008 be confirmed.
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NOTICE OF MOTION – CR Moran OAM
ITEM 5.1 SF793 181208 Notice of Motion - Development Applications to be Called In
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Motion: (Moran/)
That all development applications be called
in from 19 April 2005 to 23 September 2008.
The motion lapsed for want of a seconder.
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NOTICE OF MOTION – CR Ainsworth
ITEM 5.2 SF793 181208 Notice of Motion - Extended Approval to Operate a Business - Pacific Highway,
Macksville
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825/08 RESOLVED: (Ainsworth/Smyth)
That commercial
activities be permitted to continue in the old Blueys Pizza building, Pacific Highway (Cooper Street)
Macksville, pending the outcome of the rezoning proposal of this area.
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NOTICE OF MOTION – CR Flack
ITEM 5.3 SF793 181208 Notice of Motion - Plans of Management for Community Land
- Councillor Input
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Motion: (Flack/Smyth)
That as a matter of policy, Council
consider draft Plans of Management for community land as a Committee of the
Whole during its monthly General Purpose Committee Meeting, prior to them
being exhibited for public comment and once again to consider submissions
prior to final adoption.
Amendment: (Court/Ainsworth)
That
as a matter of policy Council be forwarded draft Plans of Management by way
of memo at least three weeks before a General Purpose Committee meeting, so those
comments can be considered after collation and prior to the next General
Purpose Committee meeting.
The amendment was carried and it became
the motion and it was:
Resolved: (Court/Ainsworth)
That as a matter of policy Council be
forwarded draft Plans of Management by way of memo at least three weeks
before a General Purpose Committee meeting, so those comments can be
considered after collation and prior to the next General Purpose Committee
meeting.
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DELEGATIONS
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RECOMMENDATION:
That the following delegations be heard:
A) ITEM 9.5 Sale
of Pioneer Community Centre
(i) Gary Pankhurst on behalf of President,
2NVR
(ii) Eddie Orrego on behalf of Radio 2NVR OR
(iii) Julia Morrell on behalf of Radio 2NVR
B) Description Heading of
Items for Closed Meeting
(i) Peter Renshaw—Objector
C)..... 14.8
Report on DA 2008/269 - Change of Use to Residential and Deck, Garage
and Internal Alterations - 48
High Street, Bowraville (9.5 )
i) Earl
Grace—objector
ii) Deb
Neal—owner
D) ITEM 10.2 Buz Brazel Park - Extension of Playing
Fields
(Item
9.12 Late Report AND Item 10.2 in
the General Purpose Committee)
(i) Georgia Rayner—Objector
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A)
(i) Gary Pankhurst on behalf of President,
2NVR
Mr Pankhurst addressed Council making the
following points:
· Thanks
Council for attempt at consulting in this matter
· Defer
matter until April 2009
· Extra
time would allow management committee to further consider and let members vote—at
the moment there are two factions, one for and one against the move to Tewinga
· Able to
give Council a final costing of the move to Tewinga at that time.
· Tewinga
Management Committee has not yet indicated whether they will accept
(ii) Eddie Orrego on behalf Pioneer Community Centre
Mr Orrego addressed Council making the following points:
· On behalf of Pioneer Community
Centre
· Has been involved with building
for 29 years
· Provided a brief history of the
building
· Pointed out some economic value
building has provided for some community members
· There are at least 5 meetings per
week along with various other activities
· Casual rate for hire of hall has
been increased and there is now a booking officer
· Asking Council to put off tender
in order to address issues to bring hall up to Council and POPE requirements
and bring results back to Council’s second meeting in March 2009.
826/08 Resolved: (Flack/Ballangarry)
That
Council accept a third speaker, Ms Julia Morrell, to present a delegation to
Council
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(iii)
Julia
Morrell on behalf of Pioneer Community Centre Committee of Management.
Ms Morrell addressed Council making the
following points:
· Section
355 Committee received correspondence on 9 December and nothing before then since
April 2008
· Concern
about where money will go if building is sold—the Committee would like to see
the money made available for the Bowraville community
DELEGATIONS continued
· Requests
proper community consultation—would like to see 2NVR stay in Bowraville
however, they are not the main stakeholder—would like opportunity to consult
with all stakeholders.
· The
Community Centre is in the centre of town therefore a focal point.
ITEM 9.5 SF871 181208 Sale
of Pioneer Community Centre
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Motion: (Flack/Ballangarry)
That Council defer any
consideration to sell the Pioneer Community Centre until April 2009 and that
prior to that an onsite inspection is undertaken by Councillors and that
Council conduct a site inspection before then and meet with user groups and further, that an
inspection of Grants Hall be undertaken.
Amendment: (Ainsworth/Finlayson)
1 Council advertise the Pioneer
Community Centre for sale by tender.
2 Tenders
be invited for the property either in an unencumbered state and/or with the
tenderer agreeing to offer standard commercial 5 x 5 year leases to Aunt
Emily’s Craft Centre and Radio Nambucca at $14 per week and $25 per week
respectively plus CPI over the first 5 year term.
3 Council’s
preference be for a tender which makes provision for leases for Aunt Emily’s
Craft Centre and Radio Nambucca at the rental payments nominated in
recommendation no. 2.
4 That the occupants of the building be
notified of Council’s action.
5 That nothing be done until after April
2009 having considered submissions from user groups.
Amendment was carried and became the
motion and it was:
827/08 Resolved: (Ainsworth/Finlayson)
1 Council
advertise the Pioneer Community Centre for sale by tender.
2 Tenders be invited for the property
either in an unencumbered state and/or with the tenderer agreeing to offer
standard commercial 5 x 5 year leases to Aunt Emily’s Craft Centre and Radio
Nambucca at $14 per week and $25 per week respectively plus CPI over the
first 5 year term.
3 Council’s preference be for a tender
which makes provision for leases for Aunt Emily’s Craft Centre and Radio
Nambucca at the rental payments nominated in recommendation no. 2.
4 That
the occupants of the building be notified of Council’s action.
5 That nothing be done until after April
2009 having considered submissions from user groups and that Council make a
decision at that time.
Note: Cr Flack requested that her vote be
recorded as against this resolution because
Council has not met with the Committees of Management.
828/08 Resolved: (Flack/Ballangarry)
That Council at the April General Purpose
Committee meeting meet with user groups and inspect the Pioneer Community
Centre and Grants Hall.
829/08 Resolved: (Flack/Ballangarry)
That a member of staff work with the
Committee of Management for the Pioneer Community Centre regarding the
preparation of a Plan of Management for maintenance of the Centre.
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DELEGATIONS continued
B) Description Heading of Items for Closed Meeting
(i) Peter Renshaw—Objector
Mr Renshaw addressed Council making the following points:
· Radio Nambucca reporter
· Council’s Code of Conduct—items
for Closed Meeting—agenda needs to give specific
· Eg 12.3, 12.2
heading does not provide sufficient information what the item is about
· Items need to be more elaborate
· Public may be suspicious if
heading not sufficient.
DELEGATIONS continued
C)
i) Earl Grace—objector
Mr Grace addressed Council making the
following points:
- Believes objections and complaints will be non-stop
ii) Deb
Neal—owner
Ms Neal addressed Council making the following points:
· Supports recommendations
· Request interim occupancy
certificate
· Entered into negotiations with Mr
Grace regarding fencing
· Responsibility of noise is not
hers.
ITEM
14.5 DA2008/269 181208 Report
on DA 2008/269 - Change of Use to Residential and Deck, Garage and Internal
Alterations - 48 High Street, Bowraville
(Item
9.5 in the General Purpose Committee)
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Motion: (Flack/Smyth)
1 That development
application DA2008/269 for minor building works and change of use be approved
subject to conditions included in this report.
2 That those persons who
made submission to the application be advised of Council’s decision.
The motion was LOST.
Note: The Mayor
advised that the application had been refused because of a land use conflict
but there was no motion to this effect nor any division.
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Note: This recommendation from the General
Purpose Committee requires a “Planning Decision” referred to in
Section 375A of the Local Government Act 1993 requiring the General Manager
to record the names of each Councillors supporting and opposing the decision.
Councillors Flack and Smyth voted FOR.
Councillors Ainsworth, Ballangarry,
Court, Finlayson, Hoban, Moran and South voted AGAINST.
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DELEGATIONS
continued
D)
(i) Georgia
Rayner—Objector
Ms Rayner spoke to a prepared paper which is on file.
FROM GENERAL MANAGER’S LATE REPORT ITEM 9.12
AND ITEM 10.2 FROM THE GENERAL PURPOSE COMMITTEE MINUTES
Motion: (Flack/Smyth)
1 That
Council not adopt the General Purpose Committee recommendation – Item 10.2 –
in relation to “Buz
Brazel Park
– Extension of Playing Fields”.
2 That
staff prepare a draft amended Plan of Management that includes options including
that discussed at General Purpose Committee meeting on 17 December 2008 in
terms of various options for proposed works and that it be placed on
exhibition as required under the Local government Act 1993.
3 Following
the exhibition of the amendments, the draft amended plan and any submissions
be reported to Council for final determination.
The Motions wereLOST.
830/08 Resolved: (Court/South)
1 That Council not adopt the General Purpose
Committee recommendation – item 10.2 – in relation to “Buz Brazel
Park – Extension of
Playing Fields”
2 That Council seek to amend the
existing plan of management for the Vernon Street playing fields (Buz Brazel
Park) by updating the commentary, removing reference to a Master Plan and
replacing the map with the plan supported by the General Purpose Committee (being
the coloured circularised document) and then placing the amendments on
exhibition in accordance with the requirements of the Local Government Act
1993.
3 Following
the exhibition of the amendments, the draft amended plan being the coloured
circularised document and any submissions be reported to Council for final
determination
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Note: Council adjourned for a meal break from 7.30 pm to 8.00 pm.
General Manager
Report
ITEM 9.1 SF959 181208 Outstanding Actions and Reports November 2008
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831/08 RESOLVED: (Flack/Court)
That the list of outstanding
actions and reports be noted and received for information by Council.
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ITEM 9.2 SF706 181208 Grant Application Status Report - 18 December 2008
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832/08 RESOLVED: (Moran/Ainsworth)
That the list of
grant programs and their status to 18 December 2008 be received.
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ITEM 9.3 SF639 181208 Organisation Structure
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Motion: (Moran/)
That Council defer this item until it can
sort out a few things.
The motion lapsed for want of a seconder.
Motion: (Court/Ballangarry)
1 Council proceed with the appointment
of a part time (3 day per week) position in Finance and an Aboriginal school
based trainee (1 day per week) to work on the front counter and switchboard.
2 Council make the position of
excavator operator redundant and the savings be applied to increase the Town
Services crew from 4 staff to 5 staff.
3 Council make provision for an
appointment of an Asset Manager in its budget for 2009/2010.
4
Council adopt the revised organisation structure as shown in the
attachment.
5 That Council review the Planning
Department upon comopleiton of the work program mentioned in the General
Manager’s report.
Amendment: (Ainsworth/Moran)
1 Council proceed with the appointment
of a part time (3 day per week) position in Finance and an Aboriginal school
based trainee (1 day per week) to work on the front counter and switchboard.
2 Council make the position of
excavator operator redundant and the savings be applied to increase the Town
Services crew from 4 staff to 5 staff.
3 Council consider the appointment of
an Asset Manager in its budget for 2009/2010.
4 Council
adopt the revised organisation structure as shown in the attachment.
5 That Council review the Planning
Department upon completion of the work program mentioned in the General
Manager’s report.
The amendment was carried and it became the
motion and it was:
833/08 Resolved: (Ainsworth/Moran)
1 Council
proceed with the appointment of a part time (3 day per week) position in
Finance and an Aboriginal school based trainee (1 day per week) to work on
the front counter and switchboard.
2 Council
make the position of excavator operator redundant and the savings be applied
to increase the Town Services crew from 4 staff to 5 staff.
3 Council
consider the appointment of an Asset Manager in its budget for 2009/2010.
4 Council adopt the
revised organisation structure as shown in the attachment.
5 That
Council review the Planning Department upon completion of the work program
mentioned in the General Manager’s report.
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ITEM 9.4 SF265 181208 Review of Policy on Payment of Expenses and Provision of
Facilities
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834/08 RESOLVED: (Flack/Court)
1 That
Council amend its policy on Payment of Expenses and Provision of Facilities
for Councillors by adding a claimable expense for Councillors being internet
access up to a maximum of $40.00 per month; the provision of a computer for
use by the Mayor and the provision of a computer for use by Councillors.
2 Within
28 days, Council forward details of the amended policy to the Director
General of the Department of Local Government.
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Item 9.5 was dealt with under Delegations.
ITEM 9.6 SF791 181208 Nambucca
Shire Land
Development Committee Meeting Minutes - 04 December 2008
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835/08 RESOLVED: (Ainsworth/Moran)
That Council adopt
the minutes of the Nambucca
Shire Land
Development Committee Meeting held on 04 December 2008.
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ITEM 9.7 SF360 181208 Future of Argents Hill Hall
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836/08 RESOLVED: (Flack/Ainsworth)
1 The
information from the Department of Lands in response to Council’s
representations concerning the Argents Hill Hall be received.
2 The
Committee of Management be invited to apply for grant funding to undertake
repairs to the Hall under the Public Reserves Management Fund.
3 Council as Manager of the Trust
formally concur to the addition of Lot 5 DP
879153 to the Reserve.
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ITEM 9.8 SF373 181208 Grant Funding for Missabotti Arts, Crafts and Produce Cafe
Project
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837/08 RESOLVED: (Flack/Moran)
That Council
receive the information concerning the provision of $27,500 in grant funding
to the Missabotti Hall Committee of Management for an Arts, Crafts and
Produce Café.
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ITEM 9.9 SF484 181208 Alliance
Tender for the Provision of a Corporate Software System
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838/08 RESOLVED: (Flack/Moran)
1 That Council note the revised program
for the implementation of new corporate software.
2 That
Council seek the agreement of the tenderers to an extended evaluation period
which will conclude on 30 June 2009.
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General Manager
Report - LATE
ITEM 9.10 SF394 181208 Report on Investments to 30 November 2008
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839/08 RESOLVED: (Flack/Ainsworth)
That the
Accountants’ Report on Investments placed to 30 November 2008 be noted.
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General Manager
Report - LATE
ITEM 9.11 SF768 181208 Australian Rail Track Corporation Ltd - Direction to Stop
Work on the Upper
Warrell Creek
Railway Overbridge
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840/08 RESOLVED: (Ainsworth/Court)
1 That Council make representations to
the Minister for Transport, the Hon. David Campbell in relation to the
unacceptable cost shifting proposed by the Australian Rail Track Corporation
in requiring that Council accept financial responsibility for providing
increased clearance for the Upper Warrell Creek Road railway overbridge.
2 That the Australian Rail Track
Corporation be advised that Council will seek damages for the costs incurred
to date in the construction of the bridge if the stop work directive is not
immediately lifted.
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Item
9.12 was dealt with under Delegations.
Director
Environment and Planning Report
ITEM 10.1 SF1046 181208 Report on Minutes of the Nambucca Shire Council Reference
Group held 24 November 2008
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841/08 Resolved: (Flack/Smyth)
That Council
address each recommendation separately.
842/08 Resolved: (Ainsworth/Court)
1 That Council adopt the following
motions provided in the Minutes from the Nambucca Shire Reference Group held
on Monday, 24 November 2008.
a That the Wellington Drive component of the Urban Design
Strategies be deferred pending a further report to Council to consider the cost
and viability of undertaking further studies relating to; land slip; rising
sea levels; and traffic/parking impacts.
b That the Reference Group be reconvened
for consideration of the Wellington Drive component of the Urban Design
Strategies once a full report as outlined in the above recommendation, has
been prepared.’
c That copies of all previous
submissions submitted when the final Structure Plan and DCP Review were on
exhibition relating to Wellington Drive be provided to the Reference Group
Members, along with copies of any other submissions allegedly made in regard
to the Urban Design Strategies, but not referred to by either the Consultant
or Council staff in the Appendices provided to Committee Members.’
d That Council support any
development applications lodged with the DoP for a Major Project in the
Liston Street and Bowra Street precincts (ie greater than 14m), providing
such applications satisfy the design principles and generally comply with the
development controls of the Urban Design Strategies (November 2008) prepared
by Ruker & Associates.’
e That the document being amended to include the reference on
page 5 “explore opportunities to connect the main street to the public park
and the waterfront” in both the Principles Section c and at the bottom of the
diagram.’
Note: This resolution requires a “Planning
Decision” referred to in Section 375A of the Local Government Act 1993
requiring the General Manager to record the names of each Councillors
supporting and opposing the decision.
Councillors
Ainsworth, Court, Finlayson, Hoban, Moran and South voted FOR.
Councillors Ballangarry, Flack and Smyth
voted AGAINST.
843/08 Resolved: (Moran/Flack)
2 That Council not adopt the following
motions provided in the Minutes from the Nambucca Shire Reference Group held
on Monday, 24 November 2008.
a That Council endorse the
development control for balconies to be enclosed by 50% on the first four
levels in Bowra Street and the residential levels above the commercial/retail
ground floor level in other sections of Bowra Street, with the guidelines
provided in State Environmental Planning Policy No 65 applying to Liston
Street and Wellington Drive precincts.’
Note: This resolution requires a “Planning
Decision” referred to in Section 375A of the Local Government Act 1993
requiring the General Manager to record the names of each Councillors
supporting and opposing the decision.
Councillors
Ainsworth, Ballangarry, Court, Finlayson, Flack, Hoban, Moran, Smyth and
South all voted FOR.
844/08 Resolved: (Ainsworth/South)
3 That Council resolve to endorse the
Urban Design Strategies for the Liston
Street and Bowra Street (east and west) precincts
for inclusion in the new Residential DCP.
Note: This resolution requires a “Planning
Decision” referred to in Section 375A of the Local Government Act 1993
requiring the General Manager to record the names of each Councillors
supporting and opposing the decision.
Councillors
Ainsworth, Ballangarry, Court, Finlayson, Flack, Hoban, Moran, Smyth and
South all voted FOR.
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ITEM 10.2 SF779 181208 School Holiday Program -
January 2009 Report
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845/08 RESOLVED: (Ballangarry/Flack)
That Council
approves the January 2009 School Holiday
Program which is being run by Nambucca Shire Council.
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ITEM 10.3 SF691 181208 Outstanding Development applications more than 12 months old
and applications where submissions have been received and not determined to 9
December 2008
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846/08 RESOLVED: (Moran/Court)
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.
3 That
Council determine if any of the applications where submissions have been
received, are to be “called in” and presented to a future meeting of Council.
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ITEM 10.4 SF1148 181208 Contract Regulatory Officer's Report - November 2008
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847/08 RESOLVED: (Flack/Moran)
That the report
from the Contract Regulatory Officer for November 2008 be received and noted
by Council.
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ITEM 10.5 SF750 181208 Report on Process of "Call In" Versus DANC Meetings
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848/08 Resolved: (Ainsworth/Finlayson)
That Council
continue with the “Call In” provisions rather then forming a Development
Applications Notification Committee (DANC) with the following rules applying:
· All Development Applications where a submission by way of an
objection is received shall be reported to Council in the business paper
identifying the issues and brief summary of attempts to resolve issues.
· Any Councillor may “Call In” an application on the list which is to
be reported to Council once the application is processed.
· Where an application has been “Called In” and the issues are
subsequently addressed to the satisfaction of the objector, this is to be
noted in the report seeking confirmation if the matter still needs to be
presented to Council or dealt with under delegated authority.
· Where an application receives objections, and is not ”Called
In”, and Council staff consider that the matter has been satisfactorily
addressed or irrelevant, then the application is to be dealt with under
delegated authority.
·
To
activate a call-in it has to be via a Notice of Motion through Council.
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Note: Cr Flack requested that her vote be
recorded as against this resolution.
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ITEM 10.6 SF793 181208 Report on Notice of Motion to Consider Splitting the
Environment and Planning Department
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849/08 Resolved: (Moran/South)
That this item be deferred.
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ITEM 10.7 SF1040 181208 Report on Local Development Performance Monitoring 2007/2008
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850/08 RESOLVED: (Ainsworth/Moran)
1 That Council note the release of the NSW Department of
Planning 2007/2008 Local Development Performance Monitoring report.
2 That Council note the explanation for the major increase
in gross average turnaround times for Development Applications released by
Council during the 2007/2008 reporting year.
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ITEM 10.8 SF30 181208 Report on Clarence Regional Library
Committee of Management Minutes held 5 December 2008
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Motion: (Smyth/Court)
1 That Nambucca Shire Council commits
to an increase of 10% per capita in their contribution to the Clarence
Regional Library functions for the 2009-2010 financial year, noting that this
amount will be approximately $14,000.
2 That Nambucca Shire Council
investigates becoming registered as Deductible Gift Recipient in regard to
library services.
3 That the remaining minutes of the
Clarence Regional Library Committee of Management meeting held 5 December
2008 be noted.
Amendment: (Ainsworth/Smyth)
1 That Nambucca Shire Council considers
an increase of 10% per capita in their contribution to the Clarence Regional
Library functions for the 2009-2010 financial year, noting that this amount
will be approximately $14,000.
2 That Nambucca Shire Council
investigates becoming registered as Deductible Gift Recipient in regard to
library services.
3 That the remaining minutes of the
Clarence Regional Library Committee of Management meeting held 5 December
2008 be noted.
The amendment was
carried and it became the motion and it was:
851/08 Resolved: (Ainsworth/Smyth)
1 That
Nambucca Shire Council considers an increase of 10% per capita in their
contribution to the Clarence Regional Library functions for the 2009-2010
financial year, noting that this amount will be approximately $14,000.
2 That
Nambucca Shire Council investigates becoming registered as Deductible Gift
Recipient in regard to library services.
3 That
the remaining minutes of the Clarence Regional Library Committee of
Management meeting held 5 December 2008 be noted.
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Note: Cr Flack and Cr Smyth left the meeting at 8.44 pm and returned at 8.48
pm.
ITEM 10.9 SF1254 181208 Report on Notice of Class 4 Proceedings in relation to DA
2004/136
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852/08 RESOLVED: (Court/Ainsworth)
That Council note
the advice of the Class 4 Action against Council in relation to DA 2004/136.
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ITEM 10.10 SF757 181208 Request to Establish an Alcohol Free Zone in Bowraville
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853/08 RESOLVED: (Court/Flack)
1 That
Council work towards establishing an Alcohol Free Zone under Section 644 of
the Local Government Act (1993) in the business precinct of Bowraville;
described as High Street from its intersection with Bowra Street to its
intersection with Young Street, and Belmore Street to its intersections with
Adam Lane and Cook Street; by commencing the consultation process with
community, Police and licensed premises; noting that the decision to
introduce an Alcohol Free Zone may occur following the consultation period.
2 That
Council allocate the required funds to implement the Alcohol Free Zone which
is estimated to be in the order of $1,000.
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Director
Engineering Services Report
ITEM 11.1 SF834 181208 Casey Drive
- Creation of a Public Road
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854/08 RESOLVED: (Ainsworth/Court)
1 That
Council advise Mr T D Erskine-Smith that Council is prepared to meet $10,000
of the associated legal and survey costs subject to the $135,000 land
purchase cost being met by the development.
2 That
the acquisition of the land and dedication of Casey Drive as a public road not
proceed if the development does not meet the purchase price.
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ITEM 11.2 SF843 181208 Proposed memorandum of Understanding for 4WD Beach
Access Management
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Motion: (Moran/Ainsworth)
That Council seek membership of the Working
Party on 4WD Beach Access Management to ensure a
common approach across the three Local Government areas of Nambucca, Kempsey,
Port Macquarie-Hastings, the Department of Lands and the Department of Environment
and Climate Change.
Amendment: (Flack/Smyth)
That the
matter be deferred pending the receipt of the report called for by Council.
The amendment was LOST.
The motion upon being put was carried and
it was:
855/08 Resolved: (Moran/Ainsworth)
That Council seek membership of the Working Party on 4WD Beach Access
Management to ensure a common approach across the three Local Government
areas of Nambucca, Kempsey, Port Macquarie-Hastings, the Department of Lands
and the Department of Environment and Climate Change.
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ITEM 11.3 SF843 181208 Nambucca Shire Vehicular Access to Beaches Committee -
Minutes of Meeting 28 November 2008
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Motion: (Moran/Ainsworth)
That the minutes of the Nambucca Shire
Vehicle Access to Beaches Committee meeting held on 28 November 2008 be
noted and adopted.
Amendment: (Flack/Court)
That the minutes of the Nambucca Shire
Vehicle Access to Beaches Committee meeting held on 28 November 2008 be
noted and adopted AND that the word RECOMMENDATION be removed from Item 6
in the Minutes and replaced with the words NOTATION.
The amendment was carried and became the
motion and it was:
856/08 Resolved: (Flack/Court)
That the minutes
of the Nambucca Shire Vehicle Access to Beaches Committee meeting held on
28 November 2008 be noted and adopted AND that the word RECOMMENDATION
be removed from Item 6 in the Minutes and replaced with the words NOTATION.
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ITEM 11.4 SF992 181208 Report on Nambucca Emergency Operations Centre Committee
Minutes - 3 December 2008
|
857/08 RESOLVED: (Moran/Court)
That Council adopt
the minutes of the Nambucca Emergency Operations Centre Committee meeting
held on 3 December 2008.
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ITEM 11.5 SF614 181208 Integrated Water Cycle Management (IWCM) Strategy Study
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MOTION: (Court/Ballangarry)
1 That
the report be noted by Council.
2 That a presentation to provide an
overview of the draft document and clarify any queries regarding proposed
outcomes be undertaken prior to 16 January 2009.
Amendment: (Flack/Smyth)
1 That
the report be noted by Council.
2 That a presentation to provide an
overview of the draft document and clarify any queries regarding proposed
outcomes be undertaken at the General Purpose Committee meeting on 14 January
2008.
The amendment was carried and it became
the motion and it was:
858/08 Resolved: (Flack/Smyth)
1 That the report be noted by Council.
2 That
a presentation to provide an overview of the draft document and clarify any
queries regarding proposed outcomes be undertaken at the General Purpose
Committee meeting on 14 January 2008.
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ITEM 11.6 SF844 181208 Nambucca District Water Supply Steering Committee Meeting – 3 December
2008
|
859/08 Resolved: (Moran/South)
1 That Council adopt the minutes of the Steering Committee
Meetings held on 3 December 2008.
2 That
Council assess the terms of the Ussher Lease of Council owned land at the
proposed dam site with regard to land use and Council access.
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ITEM 11.7 SF365 181208 Grants Hall - Maintenance
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860/08 RESOLVED: (Moran/Flack)
1 That the roofing iron on Grants Hall be replaced at a cost
of $30,000.00 as quoted by Nambucca Plumbing Supplies being Council’s Annual
Contract Plumbing supplier.
2 The maintenance allocation is increased by $1,500.00.
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General Purpose
Committee REPORT
ITEM 14.1 SF775 181208 Arts Mid North
Coast - Presentation to
Council by Richard Holloway (Item
8.1 in the General Purpose Committee)
|
861/08 RESOLVED: (Moran/Flack)
That Council note
the presentation by Mr Richard Holloway, Regional Arts Development
Officer—Arts Mid North Coast Inc and that he be thanked for the past funding
success.
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ITEM 14.2 SF923 181208 Inspection of Coronation
Park Amenities
(Item 8.2 in the General Purpose Committee)
|
862/08 RESOLVED: (Flack/Court)
That Council note the
inspection of Coronation
Park and its amenities
and kiosk building be noted.
|
ITEM 14.3 SF323 181208 Excavation at Rear of Nambucca Entertainment Centre - 17
December 2008 (Item 8.3 in the General Purpose Committee)
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863/08 RESOLVED: (Court/Ballangarry)
That Council note
the outcome of the inspection of the site at the rear of the Nambucca
Entertainment Centre.
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ITEM 14.1 SF806 181208 Life Education Presentation to Council (Item 9.1 in the General
Purpose Committee)
|
864/08 RESOLVED: (Moran/Ainsworth)
That Council
receive the presentation from Life Education NSW and note the worthwhile
benefit from its annual allocation of funds to transport the van to schools
around Nambucca Shire.
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ITEM 14.2 SF1232 181208 Report on Review of Nambucca Shire Council - On-Site Sewage
Management Plan (Item 9.2 in the General Purpose Committee)
|
865/08 RESOLVED: (Moran/Flack)
1 That
the draft Nambucca Shire Council On-site Sewage Management Plan 2009 be
advertised for community consultation from 29 January 2009 to 27 February
2009.
2 That
following the exhibition period, a further report be presented to Council for
adoption of the Management Plan.
|
ITEM 14.3 SF226 181208 Report on Draft Animal Management Plan for the Nambucca Shire
(Item 9.3 in the General Purpose Committee)
|
866/08 RESOLVED: (Moran/Flack)
1 That
all Councillors provide their written comments and proposed amendments to the
Director Environment and Planning by 4.00 pm Monday 5 January 2009 for
consideration at the 14 January 2009 General Purpose Meeting.
2 That
the Draft Nambucca Shire council Animal management Plan 2009 as amended be
recommendation 1 above, be advertised for community consultation from 29
January 2009 to 27 February 2009.
3 That
following the exhibition period, a further report be presented to Council for
consideration and adoption of the Management Plan.
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ITEM 14.4 SF1082 181208 Valla Growth Area Rezoning Proposal (Item 9.4 in the General
Purpose Committee)
|
867/08 RESOLVED: (Ainsworth/Court)
That Council note
the inspection of the Valla Growth Area.
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Item
14.5 (Item 9.5 in the General Purpose Committee) was dealt with under Delegations.
ITEM 14.6 SF740 181208 Bellevue Drive,
Macksville - Street Trees (Item 10.1 in the General Purpose
Committee)
|
868/08 RESOLVED: (Ainsworth/Moran)
1 That Council prune the roadside
branches of the Fig trees in Bellevue
Drive, Macksville.
2 That Council remove the
small Fig tree in Bellevue Drive,
Macksville.
3 That a Management Plan be drawn up for
the riverbank from the Macksville
Bridge to Bellevue Drive.
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Item 14.7 (Item 10.2 in the General Purpose
Committee) was dealt with under Delegations.
ASKING OF QUESTIONS WITHOUT NOTICE
QWN215/08 - Cr. Anne Smyth - Jay Walking - Bowra Street Nambucca Heads (Ref
SF1251)
|
In response to a question from Cr Smyth as to who is responsible
for people jay walking in Bowra
Street Nambucca Heads, the Mayor informed Cr Smyth that jay walking was a
matter for the Police.
|

QWN216/08 - Cr. Michael Moran - Netball Courts, Macksville - Update
(Ref SF1251)
|
In response to a question from Cr Moran in regard to the status of the building of the Netball Courts in
Macksville, the Director Engineering Services advised that the ground
conditions were not suitable
(due to the heavy rain) and will be continued in the new year as funding has
been approved by Council at the recent budget review.
|

QWN217/08 - Cr. Elaine South - Trainee Administrative Records
Assistant (Ref SF1251)
|
Cr South enquired if the
current Trainee Administrative Records Assistant has sufficient experience to
stay in that position. The General
Manager advised that the position will be advertised and current occupant
will have to compete with other applicants.
|
COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)
|
RECOMMENDATION:
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 below.
Reason reports are in Closed Meeting:
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Director
Engineering Services Report
For Confidential Business Paper in Closed
Meeting
ITEM 12.1 20517/2008 181208 Council
Owned Buildings for Public Use - Essential Fire Safety Measures
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 12.2 30429/2008 181208 Nambucca's
Waste Management Facility Weighbridge, Gatehouse and Associated Infrastructure
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 12.3 30891/2008 181208 Expression
of Interest in Purchase of Pioneer Community Centre
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
Council
Meeting IN CLOSED MEETING commenced at 9.10 pm.
RESUME IN OPEN
MEETING
|
872/08 RESOLVED: (Moran/South)
That Ordinary Council Meeting resume in Open Meeting.
The Ordinary Council Meeting resumed IN OPEN MEETING at
9.41 pm
|
Director
Engineering Services Report
For Confidential Business Paper in Closed
Meeting
ITEM
12.1 20517/2008 181208 Council Owned Buildings for Public Use - Essential Fire
Safety Measures
|
869/08 RESOLVED: (Moran/South)
That Council employ
Mackay Fire Protection to undertake the works set out in their quotation in
the 2009/2010 budget.
|
For Confidential Business Paper in Closed
Meeting
ITEM
12.2 30429/2008 181208 Nambucca's Waste Management Facility Weighbridge, Gatehouse
and Associated Infrastructure
|
870/08 RESOLVED: (Ainsworth/Moran)
1 That the quotation from Aussie
Weighbridge Systems (AWS) be accepted to undertake the design and
construction of a computerized weighbridge and associated infrastructure at
the waste management facility.
2 That additional funding from the
financial reserves for waste management in the amount of $45,349 be made
available.
|

For Confidential Business Paper in Closed
Meeting
ITEM
12.3 30891/2008 181208 Expression of Interest in Purchase of Pioneer Community
Centre
|
871/08 RESOLVED: (Ainsworth/Court)
That Council note the expression of interest in the purchase of the
Pioneer Community Centre.
|
CLOSURE
There
being no further business the Mayor
then closed the meeting the time being 9.59 pm.
Confirmed
and signed by the Mayor on 15 January 2008.
CR RHONDA HOBAN
MAYOR
(CHAIRPERSON)