Minutes of Ordinary Council Meeting

NAMBUCCA SHIRE COUNCIL
Ordinary Council Meeting
MINUTES OF THE Ordinary Council Meeting HELD ON 18 December 2008

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)

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

824/08 Resolved: (Flack/Moran)

That the minutes of the Ordinary Meeting of Council of 4 December 2008 be confirmed.

NOTICE OF MOTION – CR Moran OAM

ITEM 5.1 SF793 181208 Notice of Motion - Development Applications to be Called In

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.

NOTICE OF MOTION – CR Ainsworth

ITEM 5.2 SF793 181208 Notice of Motion - Extended Approval to Operate a Business - Pacific Highway, Macksville

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.

NOTICE OF MOTION – CR Flack

ITEM 5.3 SF793 181208 Notice of Motion - Plans of Management for Community Land - Councillor Input

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)

DELEGATIONS

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

(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

(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

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.

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.

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

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)

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.

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.

DELEGATIONS continued

(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

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

831/08 RESOLVED: (Flack/Court)

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

ITEM 9.2 SF706 181208 Grant Application Status Report - 18 December 2008

832/08 RESOLVED: (Moran/Ainsworth)

That the list of grant programs and their status to 18 December 2008 be received.

ITEM 9.3 SF639 181208 Organisation Structure

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.

ITEM 9.4 SF265 181208 Review of Policy on Payment of Expenses and Provision of Facilities

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.

Item 9.5 was dealt with under Delegations.

ITEM 9.6 SF791 181208 Nambucca Shire Land Development Committee Meeting Minutes - 04 December 2008

835/08 RESOLVED: (Ainsworth/Moran)

That Council adopt the minutes of the Nambucca Shire Land Development Committee Meeting held on 04 December 2008.

ITEM 9.7 SF360 181208 Future of Argents Hill Hall

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.

ITEM 9.8 SF373 181208 Grant Funding for Missabotti Arts, Crafts and Produce Cafe Project

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.

ITEM 9.9 SF484 181208 Alliance Tender for the Provision of a Corporate Software System

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.

General Manager Report - LATE

ITEM 9.10 SF394 181208 Report on Investments to 30 November 2008

839/08 RESOLVED: (Flack/Ainsworth)

That the Accountants’ Report on Investments placed to 30 November 2008 be noted.

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

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.

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

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.’

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.

Councillors Ainsworth, Ballangarry, Court, Finlayson, Flack, Hoban, Moran, Smyth and South all voted FOR.

ITEM 10.2 SF779 181208 School Holiday Program - January 2009 Report

845/08 RESOLVED: (Ballangarry/Flack)

That Council approves the January 2009 School Holiday Program which is being run by Nambucca Shire Council.

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

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.

ITEM 10.4 SF1148 181208 Contract Regulatory Officer's Report - November 2008

847/08 RESOLVED: (Flack/Moran)

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

ITEM 10.5 SF750 181208 Report on Process of "Call In" Versus DANC Meetings

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.

Note: Cr Flack requested that her vote be recorded as against this resolution.

ITEM 10.6 SF793 181208 Report on Notice of Motion to Consider Splitting the Environment and Planning Department

849/08 Resolved: (Moran/South)

That this item be deferred.

ITEM 10.7 SF1040 181208 Report on Local Development Performance Monitoring 2007/2008

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.

ITEM 10.8 SF30 181208 Report on Clarence Regional Library Committee of Management Minutes held 5 December 2008

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)

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.

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

852/08 RESOLVED: (Court/Ainsworth)

That Council note the advice of the Class 4 Action against Council in relation to DA 2004/136.

ITEM 10.10 SF757 181208 Request to Establish an Alcohol Free Zone in Bowraville

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.

Director Engineering Services Report

ITEM 11.1 SF834 181208 Casey Drive - Creation of a Public Road

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.

ITEM 11.2 SF843 181208 Proposed memorandum of Understanding for 4WD Beach Access Management

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)

ITEM 11.3 SF843 181208 Nambucca Shire Vehicular Access to Beaches Committee - Minutes of Meeting 28 November 2008

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)

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.

ITEM 11.5 SF614 181208 Integrated Water Cycle Management (IWCM) Strategy Study

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.

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.

ITEM 11.7 SF365 181208 Grants Hall - Maintenance

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.

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.

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)

863/08 RESOLVED: (Court/Ballangarry)

That Council note the outcome of the inspection of the site at the rear of the Nambucca Entertainment Centre.

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.

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.

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.

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.

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:

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

For Confidential Business Paper in Closed Meeting

ITEM 12.3 30891/2008 181208 Expression of Interest in Purchase of Pioneer Community Centre

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)