Minutes of Ordinary Council Meeting

NAMBUCCA SHIRE COUNCIL
Ordinary Council Meeting
MINUTES OF THE Ordinary Council Meeting HELD ON 16 April 2009

PRESENT

Cr Rhonda Hoban (Mayor)	Cr John Ainsworth
Cr Martin Ballangarry OAM	Cr Janet Court
Cr Brian Finlayson	Cr Paula Flack
Cr Mike Moran OAM	Cr Elaine South
Cr Anne Smyth

ALSO PRESENT

Michael Coulter (General Manager)	Monika Schuhmacher (Minute Secretary)
Greg Meyers (Director Environment & Planning)	Noel Chapman (Acting Director Engineering Services)

APOLOGIES

There were no apologies.

Ordinary Council Meeting

SUBJECT: DISCLOSURE OF INTEREST

Councillor RH Hoban declared a non-pecuniary significant conflict of interest in Item 9.4 Commercial Release of Genetically Modified Rose under the Local Government Act as she is involved in aspects of the horticulture industry where genetic modification is practised.

Council A Smyth declared a non-pecuniary insignificant conflict of interest in Item 9.4 Commercial Release of Genetically Modified Rose under the Local Government Act as the Nambucca Valley Conservation Association has made a submission to Council and Cr Smyth is a voluntary member of that Association.

SUBJECT: CONFIRMATION OF MINUTES - Ordinary Council Meeting 2 April 2009

1136/09 RESOLVED: (Moran/Flack)

That the minutes of the Ordinary Council Meeting of 2 April 2009 be confirmed subject to the following change:

Cr Flack was listed as not in attendance when she was actually in attendance.

NOTICE OF MOTION – CR Moran OAM

ITEM 5.1 SF1269 160409 Notice of Motion - Superannuation

Motion: (Moran/South)

That Council refuse to pay the amount (whatever it is).

Amendment: (Court/Moran)

That a report be brought to Council explaining why Council has to pay the additional superannuation contribution.

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

1137/09 Resolved: (Court/Moran)

That a report be brought to Council explaining why Council has to pay the additional superannuation contribution.

NOTICE OF MOTION – CR Moran OAM

ITEM 5.2 SF1269 160409 Notice of Motion - Building in Flood Prone Areas

Motion: (Moran/South)

Flood prone areas if council have a policy on building in flood prone area why not have a policy of building in the bush—more people die from fires than floods.

Amendment: (Ainsworth/Court)

That Council note Cr Moran’s concerns and the comments from the Director Environment and Planning.

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

1138/09 Resolved: (Ainsworth/Court)

That Council note Cr Moran’s concerns and the comments from the Director Environment and Planning.

NOTICE OF MOTION – CR Moran OAM

ITEM 5.3 SF1269 160409 Notice of Motion - Thistle Park

Motion: (Moran/South)

That Council ascertain whether residential development can be stopped in Thistle Park and whether a building application can be refused for residential development on this site.

Amendment: (Court/Ainsworth)

That Council advise the relevant departments of the flooding problems and advise them of Council’s Flood Plain Risk Management Plan.

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

1139/09 Resolved: (Court/Ainsworth)

That Council advise the relevant departments of the flooding problems and advise them of Council’s Flood Plain Risk Management Plan.

NOTICE OF MOTION – CR Hoban

ITEM 5.4 SF1269 160409 Notice of Motion - Nambucca District Cricket Association

1140/09 RESOLVED: h/fl (Hoban/Flack)

1 That Council writes to the Minister for Education requesting that the Nambucca District Cricket Association be compensated for the loss of the pitch and the 12 years of volunteer labour that maintained it for use by the public school system.

2 That the Minister for Education be asked to give an assurance that after such compensation any remaining profit from the sale of the land that was initially set aside for the future of public education in Macksville, will be either expended to improve and expand the existing public school, or put in reserve for the future of public education in Macksville.

NOTICE OF MOTION – CR Flack - LATE

ITEM 5.5 SF1269 160409 Notice of Motion - Business Paper

Motion: (Flack/Smyth)

1 That business papers for Council’s Ordinary Meeting and the General Purpose Committee meeting business papers be posted on Wednesdays.

2 That the Meeting Code of Practice be amended when Council next reviews the Meeting Code of Practice.

Amendment: (Court/Flack)

1 That posting of the business papers for Council’s Ordinary meeting and the General Purpose Committee meeting only occurs for the second meeting ie when the General Purpose Committee meeting is to be held.

2 That the Meeting Code of Practice be amended when Council next reviews the Meeting Code of Practice.

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

1141/09 Resolved: (Court/Flack)

2 That the Meeting Code of Practice be amended when Council next reviews the Meeting Code of Practice.

NOTICE OF MOTION – CR Court - LATE

ITEM 5.6 SF1269 160409 Notice of Motion - Cr Janet Court - Request for Leave - 22 to 29 April 2009 Inclusive

1142/09 RESOLVED: (Court/Flack)

That Cr Court be granted leave from 22 to 29 April 2009, inclusive.

DELEGATIONS

1143/09 Resolved: (Ainsworth/Finlayson)

That the following delegations be heard:

GENERAL PURPOSE COMMITTEE—15 April 2009

8.1 Pioneer Community Centre

(i) Mr Paul Cole—Vice President of the Pioneer Community Centre Committee

(ii) Mr Ron Hawkins—Secretary of Radio 2NVR

DELEGATIONS continued

IN CLOSED MEETING:

......... 12.2 Non-Compliance with Local Government Order No 7 to Fence Property to Prevent Goats Straying onto Graces and North Arm Roads, Argents Hill

(i) Ms Diane Desic—property owner

Mr Cole addressed Council making the following points:

Council provided Committee with requirements needed to make the building safe for users
Council has given the Committee three months to provide a business plan (report)
Committee wants the Hall to continue its current use into the future
Hall is used by many community groups
Bowraville is a tourist and cultural town
Would like Council to consider the Committee’s requests and concerns

Mr Hawkins addressed Council making the following points:

Settled on postal vote to gain Committee’s opinions regarding moving as per the letter attached to Council’s report.
If 2NVR needs to be relocated, the Committee would be looking to Council for assistance
$80,000 estimated cost to move.

ITEM 12.1 SF871 160409 Pioneer Community Centre (Item 8.1 in the General Purpose Committee)

1144/09 RESOLVED: (Flack/Finlayson)

1 That Council note the inspection of the Pioneer Community Centre.

2 That the future of the Pioneer Community Centre be subject to a further report to Council in 3 months time following receipt of any proposal by the Committee of Management to retain the building.

3 That there be no action on tendering for the sale of the building until after the Committee of Management has submitted its proposal for the retention of the building.

1145/09 RESOLVED: (Court/Ainsworth)

4 That Council write to the Committee of Management advising it to take whatever steps necessary to ensure the flat is vacated.

1146/09 RESOLVED: (Ainsworth/South)

5 That the Committee provides the General Manager with a list of user groups and the activities they are conducting as well as details of their public liability insurance.

1147/09 RESOLVED: (Ainsworth/Moran )

That Council proceed in Closed Meeting in order to hear the delegation from Ms Desic regarding Item12.2 - Non-Compliance with Local Government Order No 7 to Fence Property to Prevent Goats Straying onto Graces and North Arm Roads, Argents Hill—the time being 6.14 pm.

1148/09 Resolved: (Flack/Ballangarry)

That Council return to Open Meeting the time being 6.21 pm.

OPEN MEETING

General Manager Report

ITEM 9.1 SF959 160409 Outstanding Actions and Reports March 2009

1149/09 RESOLVED: (Ainsworth/Moran)

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

1150/09 Resolved: (Court/Flack)

That—in relation to Item 8—the existing Draft Management Plan be represented to Council for endorsement for public exhibition and that the Sub-Committee continue a review of the Plan with a draft to be presented to Council by March 2010.

ITEM 9.2 SF42 160409 Local Government Filming Protocol

1151/09 RESOLVED: (Ainsworth/Moran)

1 That Manager Business Development be nominated as Council’s Film Contact Officer to assist Film Makers in obtaining the necessary approval, support and access to Council services with the General Manager as backup Film Contact Officer.

2 That the following fees be set in the budget:

$100.00 for 1-2 days filming

$200.00 for greater than 2 days filming

Bond of $250.

ITEM 9.3 SF341 160409 Valla Beach Urban & Hall Committee of Management - Annual General Meeting 16 February 2009

1152/09 RESOLVED: (Flack/Court)

1 That Council endorse the Committee of Management for the Valla Beach Urban and Hall and thank the outgoing Committee for their work in 2007/2008.

2 That the Community Services Directory and Committees of Management data source be updated to reflect the new Committee.

The Mayor, Cr Hoban, left the meeting at 6.35 pm and the Deputy Mayor, Cr Ainsworth, took the Chair.

Cr Hoban returned after the item and resumed the Chair at 6.42pm.

ITEM 9.4 SF1321 160409 Commercial Release of Genetically Modified Rose

MOTION (Flack/Smyth)

That Council object to the proposal on the basis of applying the Precautionary Principle as there are unknown impacts.

The motion was lost.

Casting vote was used by the Deputy Mayor.

motion (Flack/Ballangarry)

That the Nambucca Valley Conservation Association Inc be invited to provide a presentation to Council regarding the NVCA’s recently completed, federally funded project “Sustainable Integrated Growing Systems for the Nambucca Shire” (SIGS), which explored the sustainability or otherwise of genetic engineering in the context of agriculture in the Nambucca Shire.

The motion was LOST.

ITEM 9.5 SF1031 160409 Draft Policy on Deferral of Section 94/64 Contributions

1153/09 RESOLVED: (Finlayson/Ainsworth)

That this item be deferred and considered in Closed Meeting for reasons detailed in Local Government Act 1993 Section 10.2(d).

ITEM 9.6 PRF10 160409 Using of a Section of the Adin Street Reserve for Camping

1154/09 RESOLVED: (Moran/Court)

In relation to camping on the Adin Street Reserve, that every year Council request a copy of the public liability insurance for the Scripture Union Family Mission with Council to be noted as an interested party.

General Manager Report - LATE

ITEM 9.7 SF1305 160409 Natural Disaster Arrangements - Lack of Funding for Repair of Landslips

1155/09 RESOLVED: (Flack/Court)

1 That Council make representations to the Minister for Emergency Services and the Minister for Roads to seek funding for the repair of landslips in Nambucca Heads which occurred as a consequence of the flood events in February and March 2009.

2 That Council make representations to the Insurance Council for the provision of insurance for damage caused by landslip.

General Manager Report - LATE

ITEM 9.8 SF394 160409 Report on Investments to 31 March 2009

1156/09 RESOLVED: (Moran/South)

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

Director Environment and Planning Report

ITEM 10.1 SF1075 160409 Report on NSW Government Policy Statement on Sea Level Rise

1157/09 RESOLVED: (Flack/Ballangarry)

1 That Council note the initial submission submitted by the Director Environment and Planning.

2 That Council adopt the predicted sea level rise of 40cm to 2050 and 90cm to 2100 for all landuse planning and infrastructure design and investment as outlined in the NSW Draft Policy Statement on Sea Level Rise.

3 That Council pursue both State and Federal Governments for financial and technical assistance to assist Council in managing potential impacts due to sea level rise and review of its flood inundation maps and data.

4 That Council seek a legal opinion on how it should advise the effect or impact of the NSW State Government Policy Statement on Sea Level Rise under Question 7 on a Planning Certificate (S149) where Council has limited information on land that may be affected by a sea level rise of 40cm to 2050 and 90cm to 2100. Further, that advice on a specific disclaimer be sought.

1158/09 Resolved: (Flack/Court)

5 That DECC’s request for photos of the king tides go into Councillors Newsletter and on Council’s website and that it be included in an advertisement from the Director Environment and Planning..

Note: Cr Moran requested that his vote be recorded as against this resolution as he does not support it.

ITEM 10.2 SF1261 160409 Outstanding DA's >12 months and applications where submissions received and not determined 7 April 2009

1159/09 RESOLVED: (Ainsworth/Moran)

1 That the list of outstanding development applications (at least 12 months old) and applications received, be noted and received for information by Council.

2 That the applications where submissions have been received be noted and received for information by Council.

ITEM 10.3 SF1261 160409 DA's and CDC's Received and Determined under Delegated Authority to 7 April 2009

1160/09 RESOLVED: (Moran/Ainsworth)

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

ITEM 10.4 SF1261 160409 DEP Applications and Statistical Reports July 2008-March 2009, 2002-2009 and Certificates Received 2004-2009

1161/09 RESOLVED: (Court/Moran)

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

2 That Council note development application statistics and processing times for the years 2002 to 2009.

3 That Council note the statistical breakdown of development applications thus far for the financial year 1 July 2008-31 March 2009.

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

ITEM 10.5 SF283 160409 Report on the Minutes of AGM Access Committee Meetings 24 March 2009

1162/09 RESOLVED: (Moran/Ainsworth)

That Council note the minutes from the Annual General Meeting held on 24 March 2009 and endorse the membership to the Access Committee of Peter Shales (Chairperson), Margaret Hutchinson (Deputy Chair) and Donna Primmer (Secretary) and committee members Dorothy Secomb, Keith Davis; Tracey Mills, Les Small and Matt Sullivan (Nambucca Valley Phoenix Ltd), Jenny Croaker, Lyn Foster, Shirley Holmes, and Glenys Maher.

ITEM 10.6 SF283 160409 Report on the Minutes of Access Committee Meeting 24 March 2009

1163/09 RESOLVED: (Moran/Ainsworth)

1 That Council note the Access Committee’s recommended priority for works in and around the Council Administration Centre.

2 That Council endorse the following priority for works in and around the Council Administration Centre which are (from highest to lowest priority) removal of the Podium in the Council Chambers, improve access to rear door (lower height of swipe card access points and construct ramp), renovations to disability toilet and then automatic door from foyer to staff area, with work to progress in line with available funding being brought forward from reserves.

3 That Council note that the other areas of concern including lowering the First Aid Kit and modifications to the staff kitchen will be undertaken as part of a forward plan when the need arises.

4 That Council consider a funding allocation in its 2009-10 budget for any of the work not completed from existing reserves.

5 That the remaining minutes of the Access Committee meeting held on 24 March 2009 be noted.

ITEM 10.7 SF97 160409 Report on Proposed Alcohol Free Zone - Bowraville

1164/09 RESOLVED: (Moran/Ballangarry)

That Council establishes an Alcohol Free Zone under Section 644 of the Local Government Act 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.

ITEM 10.8 SF1266 160409 Report on Minutes of Nambucca River Estuary & Coastline Management Committee Meeting - 6 April 2009

1165/09 RESOLVED: (Moran/Ainsworth)

That Council endorse the recommendations from the Nambucca River Estuary and Coastline Management Committee meeting held on Monday, 6 April 2009.

ITEM 10.9 SF785 160409 Report on Crime Prevention Grant

1166/09 RESOLVED: (Flack/Ballangarry)

1 That Council note its successful funding application to the NSW Attorney General’s Department Crime Prevention Grants for the Safer Women Around Nambucca Shire Project and accept the offer of $54,527.67 by completing and returning the required documentation.

2 That the Mayor and/or General Manager be authorised to sign the acceptance of the NSW Attorney-General Department Crime Prevention Grant as required.

Note: Cr Moran requested that his vote be recorded as against this resolution as he believes it is the police department’s job.

ITEM 10.10 SF241 160409 Report on the Minutes from Nambucca Local Environmental Plan 2008 Workshop

Motion: (Ainsworth/Moran)

1 That Council ensure that the above recommendations 2-7 from the Minutes of the Councillor Workshop held on 3 April 2009 reflect the intention of Council, noting the Director’s comment in the summary section of this report.

2 That the Minutes from the Councillor Workshop held on 3 April 2009 be adopted.

Amendment: (Flack/Court)

That each item in the minutes from the Nambucca Local Environmental Plan 2008 Workshop be dealt with individually.

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

1167/09 Resolved: (Flack/Court)

That each item in the minutes from the Nambucca Local Environmental Plan 2008 Workshop be dealt with individually.

1168/09 Resolved: (Ainsworth/South)

2 That Council not support the incorporation of a foreshore building line into the Nambucca LEP 1995 Draft Amendment No 68 for Matthew Street, Scotts Head.

FOR the Motion were: Councillors Hoban, Court, Ballangarry, Flack, Smyth, Finlayson, Ainsworth, Moran and South. Total (9)

AGAINST the Motion: Nil

1169/09 Resolved: (Ainsworth/Moran)

3 That Council not pursue under Section 54(4) of the Environmental Planning and Assessment Act 1979, to inform the Director-General of the Department of Planning (DoP) of Council’s decision to include a foreshore building line into the provisions of Draft Amendment No 68 for Matthew Street, Scotts Head.

FOR the Motion were: Councillors Hoban, Court, Ballangarry, Flack, Smyth, Finlayson, Ainsworth, Moran and South. Total (9)

AGAINST the Motion: Nil

1170/09 Resolved: (Ainsworth/Moran)

4 That Council not pursue the 5m height limit at Hyland Park as it is unjustified at this time.

FOR the Motion were: Councillors Hoban, Court, Ballangarry, Flack, Smyth, Finlayson, Ainsworth, Moran and South. Total (9)

AGAINST the Motion: Nil

1171/09 Resolved: (Ainsworth/Moran)

5 That Council not pursue the 5m height limit at Scotts Head Youth Camp and the area immediately north of the Youth Camp, as it is unjustified at this time.

FOR the Motion were: Councillors Hoban, Court, Ballangarry, Flack, Smyth, Finlayson, Ainsworth, Moran and South. Total (9)

AGAINST the Motion: Nil

1172/09 Resolved: (Court/Flack)

6 That in relation to the Caravan Parks with an existing 5m height limit, Council rely on existing provisions to control development and ensure inclusion of a 5m height limit within the Nambucca LEP 2009.

FOR the Motion were: Councillors Hoban, Court, Ballangarry, Flack, Smyth, Finlayson, Ainsworth, and South. Total (9)

AGAINST the Motion: Cr Moran. Total (1)

1173/09 Resolved: (Hoban/Ainsworth)

7 That all previous 5m areas be displayed as 8.5m in accordance with SEPP (Exempt and Complying Development Code) with the exception of all Caravan Parks currently 5m, throughout the Shire, with the following note being placed on the height maps in the Draft LEP 2009 “The area in Matthew Street is under consideration for height limits through a Placed Based Study and that the land currently permits 8.5m under the SEPP (Exempt and Complying Development Code)”.

FOR the Motion were: Councillors Hoban, Court, Ballangarry, Flack, Smyth, Finlayson, Ainsworth, Moran and South. Total (9)

AGAINST the Motion: Nil

1174/09 Resolved: (Flack/Moran)

8 That Council notify all landowners currently in the 5m height limit areas which are affected by the new SEPP (Exempt and Complying Development Code) that Council proposes to exhibit the Draft Nambucca LEP 2009 as 8.5m with a notation.

FOR the Motion were: Councillors Hoban, Court, Ballangarry, Flack, Smyth, Finlayson, Ainsworth, Moran and South. Total (9)

AGAINST the Motion: Nil

1175/09 Resolved: (Ainsworth/Moran)

9 That the standards for stockyards in rural areas, have a maximum height of 3.6m and this is to include loading races.

FOR the Motion were: Councillors Hoban, Court, Ballangarry, Flack, Smyth, Finlayson, Ainsworth, Moran and South. Total (9)

AGAINST the Motion: Nil

1176/09 Resolved: (Hoban/Ainsworth)

10 That Council resolve to refer to the new comprehensive LEP as Draft Nambucca LEP 2009 and incorporate the amendments as recommended and adopted by Council.

FOR the Motion were: Councillors Hoban, Court, Ballangarry, Flack, Smyth, Finlayson, Ainsworth, Moran and South. Total (9)

AGAINST the Motion: Nil

1177/09 Resolved: (Hoban/Ainsworth)

11 That Council request that the Director-General issue Council with a Certificate pursuant to Section 65(1) of the EP&A Act, to enable Council to exhibit the draft plan.

FOR the Motion were: Councillors Hoban, Court, Ballangarry, Flack, Smyth, Finlayson, Ainsworth, Moran and South. Total (9)

AGAINST the Motion: Nil

1178/09 Resolved: (Hoban/Ainsworth)

12 That once a Section 65 Certificate is received from the Director-General for the Department of Planning, the Draft LEP 2009 be placed on public exhibition for a period of 2 months.

FOR the Motion were: Councillors Hoban, Court, Ballangarry, Flack, Smyth, Finlayson, Ainsworth, Moran and South. Total (9)

AGAINST the Motion: Nil

Motion: (Flack/Smyth)

13 That Council include the optional TPO Clause.

The motion was LOST.

FOR the Motion were: Councillors Court, Ballangarry, Flack, Smyth. Total (4)

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

ITEM 10.11 LF2423 160409 Transfer of land between Scotts Head Lifestyle Homes and Nambucca Shire Council (DA 2002/204/03)

1179/09 RESOLVED: (Finlayson/Ainsworth)

1 That Council agree to the transfer of approximately 1725m²of land from Lot 3 DP 710419, South Pacific Drive, Scotts Head, which contains public facilities and amenities.

2 That Council accept the terms presented by Gray and Perkins Lawyers in regard to the above transfer with the exception of the credits being based on the net value of the land after Council’s costs have been deducted.

3 That Council authorise the use of Council’s seal and authorise the Mayor and/or General Manager to sign all agreements and transfers as required.

Director Engineering Services Report

ITEM 11.1 SF130 160409 Mid North Weight of Loads Group

1180/09 RESOLVED: (Court/Flack)

1 That Council note the minutes of the Mid North Weight of Loads Group Meeting at Bellingen on the 2 March 2009.

2 That Council appoint Cr Brian Finlayson and the Director Engineering Services as the delegates to the Mid North Weight of Loads Group.

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

ITEM 11.2 SF442 160409 Maintenance Requirements for Public Halls

1181/09 RESOLVED: (Flack/Finlayson)

1 That the additional funds of $32,000 be considered in the 2009/2010 Budget in accordance with the table presented

2 That funds be considered in future budgets in accordance with the 10 year schedule.

ITEM 11.3 SF90 160409 Nambucca Shire Traffic Committee Meeting - 31 March 2009

1182/09 RESOLVED: (Moran/Ainsworth)

1 That Council staff consult with residents on Nelson/Bent Streets opposite Seaview Street notifying them of a NO PARKING zone proposed for a section of kerb line outside their properties to improve right distance to oncoming vehicles.

2 That the Valla Beach Community Market organisers arrange for the design of a Traffic Management Plan that identifies suitable areas for market patrons to park with appropriate guidance signage and one that promotes pedestrian safety for the general public.

3 That the Nambucca Shire Traffic Committee further investigate parking improvements outside the Nambucca Heads Entertainment.

4 That the Nambucca Shire Traffic Committee support the following road closures for the purpose of conducting Anzac Day parades:

Macksville:

Wallace Street – Princess Street to Cooper Street (Pacific Highway)

Cooper Street (Pacific Highway) – Wallace Street to Winifred Street

Winifred Street – Cooper Street (Pacific Highway) to Princess Street

Nambucca Heads:

Bowra Street– Rosedale Street to Fraser Street

Fraser Street -Bowra Street to Nelson Street

Nelson Street – Fraser to Riverside Drive

Bowraville:

High Street – Belmore Street to Police Station

5 That the Nambucca Shire Traffic Committee recommend that Council retain the No Parking Zone on the north eastern section of Wallace Lane, Macksville with a view to extending the time limit for unloading trucks to 30 minutes.

6 That Council staff upgrade parking signs on Fletcher Street at the rear of the Bottle Shop on Bowra Street, Nambucca Heads.

7 The Nambucca Shire Traffic Committee has requested the Roads and Traffic Authority conduct a speed review of the Pacific Highway at the southern approach to Nambucca Heads.

8 That Council write to the Roads and Traffic Authority seeking consideration to the installation of an 80 km/hour zone on the Pacific Highway at the northern entry to Nambucca Heads to improve safety at the intersection with Link Road.

General Purpose Committee REPORT

Item 12.1 (8.1 In The General Purpose Committee) was dealt with under Delegations.

ITEM 12.2 SF365 160409 Grants Hall (Item 8.2 in the General Purpose Committee)

1183/09 RESOLVED: (Moran/Finlayson)

That the information concerning Grants Hall be received.

ITEM 12.3 SF1150 160409 Report for Exhibition of DCP 3 Residential Development (Item 9.1 in the General Purpose Committee)

1184/09 Resolved: (Court/Moran)

1 That Council exhibit draft DCP 3 – Residential Development and exhibit the Draft DCP in accordance with Clause 18 of the Environmental Planning and Assessment Regulation 2000.

2 That following the exhibition period and consideration of any submissions received, a further report be presented to Council.

3 That on page 48 Section 6.1.8 of the DCP, the reference to the planting of large and medium sized trees be replaced with appropriate sized trees.

4 That on page 49 of the DCP, the reference to a minimum depth of the rear deep soil zone be changed to a minimum width.

5 That on page 27 of the DCP, the provisions for dwelling houses be the same as those provisions applicable under the Complying Development SEPP for a dwelling.

ITEM 12.4 SF444 160409 Mornington Peninsula Shire - Long-Term Road Maintenance Contracts (Item 10.1 in the General Purpose Committee)

1185/09 Resolved: (Moran/Ainsworth)

That Council note the report on Mornington Peninsula Council.

ITEM 12.5 SF674 160409 Coffs Coast Waste Services - Performance (Item 10.2 in the General Purpose Committee)

1186/09 Resolved: (Court/Ballangarry)

1 That Council note the report outlining the good performance of the Coffs Coast Waste Contractor and operators in general.

1187/09 Resolved: (Flack/Smyth)

2 That Council write to Coffs Harbour City Council and Bellingen Shire Council to seek interest in a joint inspection of the waste facility at Coffs Harbour particularly for the benefit of new Councillors.

ITEM 12.6 RF477 160409 O'Grady Lane (Item 10.3 in the General Purpose Committee)

1188/09 Resolved: (Ainsworth/South)

That Council consider the construction of O’Grady Lane along with all other capital projects in the 2009/2010 Draft Budget. Also, that the staff investigate an alternate method of emptying the waste bins and having the Security Contractor avoid driving along the lane—or relocating the bins.

ITEM 12.7 SF593 160409 Drainage Problem at Farringdon Village (Item 10.4 in the General Purpose Committee)

1189/09 RESOLVED: (Finlayson/Court)

That Council allocate up to $10,000 for repairs to the main stormwater pipe through Farringdon Village.

ITEM 12.8 SF444 160409 Road Hierarchy Plan and Grading Schedule (Item 10.5 in the General Purpose Committee)

1190/09 RESOLVED: (Flack/Finlayson)

That the revised Road Hierarchy Plan, incorporating a Grading Programme be deferred to the next General Purpose Committee meeting with Councillors to provide any comments to the Acting Director Engineering Services within seven (7) days.

ASKING OF QUESTIONS WITHOUT NOTICE

QWN251/09 - Cr. Elaine South (Ref SF1342)

Cr South, having received a complaint from a resident regarding pollution caused by use of a slow combustion stove, enquired as to Council’s policy/regulation in this matter.

The Director Environment and Planning advised Cr South that there are guidelines in regard to wood fire smoke and that the responsibility lies with the person creating the smoke pollution. However, he had not received a complaint in this regard.

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

1191/09 Resolved: (Ainsworth/Moran)

1 That Council consider any written representations from the public as to why the Meeting should not be Closed to the public.

2 That Council move into Closed Meeting to discuss the matters for the reason(s) listed above.

Reason reports are in Closed Meeting:

GENERAL MANAGER’S REPORT

For Confidential Business Paper in Closed Meeting

ITEM 9.5 SF1031 160409 Draft Policy on Deferral of Section 94/64 Contributions

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

Director Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1 7975/2009 160409 Council Owned Buildings for Public Use - Essential Fire Measures

For Confidential Business Paper in Closed Meeting

ITEM 12.2 8796/2009 160409 Non-Compliance with Local Government Order No 7 to Fence Property to Prevent Goats Straying onto Graces and North Arm Roads, Argents Hill

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) (b) (e) of the Local Government Act, 1993, on the grounds that the report contains a discussion in relation to the personal hardship of a resident or ratepayer; AND the report contains information that would, if disclosed, prejudice the maintenance of law.

CLOSED MEETING

The Ordinary Council Meeting IN CLOSED MEETING commenced at 8.24 pm.

RESUME IN OPEN MEETING

RESOLVED:

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 9.00 pm.

FROM COUNCIL IN CLOSED MEETING

GENERAL mANAGER’S Report

For Confidential Business Paper in Closed Meeting

ITEM 9.5 SF1031 160409 Draft Policy on Deferral of Section 94/64 Contributions

MOTion:

That Council amend the existing deferment policy to include the amendments described in this Report.

Amendment: (Finlayson/Ainsworth)

That Council’s policy be amended by the inclusion of the right to accept deferred contributions based on progressive land sales.

The amendment was LOST.

AMENDMENT: (Ainsworth/Hoban)

That the timeframe for deferred contributions be extended to 24 months.

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

1192/09 Resolved: (Ainsworth/Hoban)

That the timeframe for deferred contributions be extended to 24 months.

Director Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1 7975/2009 160409 Council Owned Buildings for Public Use - Essential Fire Measures

Motion: (Hoban/South)

That Council’s previous resolution be rescinded and that Chubb be accepted as the Fire Services provider for 2008/2009 for annual inspection and testing for 2009/2010, noting that this includes annual inspection and testing for 2009/2010.

Amendment: (Ainsworth/Finlayson)

That this item be deferred to the next Council meeting for a report on the inconsistencies with maintenance costs for halls.

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

1193/09 Resolved: (Ainsworth/Finlayson)

That this item be deferred to the next Council meeting for a report on the inconsistencies with maintenance costs for halls.

DIRECTOR ENVIRONMENT AND PLANNING

For Confidential Business Paper in Closed Meeting

DELEGATION HEARD IN CLOSED MEETING:

ITEM 12.2 LF975 160409 Non-Compliance with Local Government Order No 7 to Fence Property to Prevent Goats Straying onto Graces and North Arm Roads, Argents Hill

1194/09 RESOLVED: (Moran/Ainsworth)

1 That the landowner of Lot 2 DP 837596, 1054-1060 Graces Road, Argents Hill, be advised that their formal right of appeal to the issuing of Order No 7 under the Local Government Act 1993 is to the Land & Environment Court, not Council.

2 That Council grant a further extension of time to the 30 April 2009 to complete the fencing at the Newee Creek property and to have the goats relocated.

3 Should the fencing and relocation of the goats to the Newee Creek property not be finalised by 30 April 2009, Council proceed to take action to impound the straying goats and investigate the possibility of further legal action to gain compliance with Order No 7 as issued on 13 March 2009.

CLOSURE

There being no further business the Mayor then closed the meeting the time being 9.14 pm.

Confirmed and signed by the Mayor on 7 May 2009.

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)