NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 02 July 2009 COMMENCING AT 5.30 pm

 

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)

Lorraine Hemsworth (Minute Secretary)

 

 

PRAYER

 

The Reverend Gillian Jones, from the Anglican Church Macksville, offered a prayer on behalf of the Nambucca Minister's Association.

 

 

Ordinary Council Meeting

 

SUBJECT:   DISCLOSURE OF INTEREST

Councillor J E Court declared a pecuniary interest in Item 7 – Question With Notice – Matthew Street, Scotts Head – Place Based Study under the Local Government Act as she owns property near Matthew Street.  Cr Court left the meeting for this Item.

 

Councillor P F Flack declared a Non Pecuniary Significant Conflict in Item 10.6 –  Report on the Land & Environment Court Challenge by Nambucca Valley Conservation Association in regard to DA 2004/136 under the Local Government Act as she was a member of the Nambucca Valley Conservation Association when it instigated legal actiona against Nambucca Shire Council DA2004/136.  Cr Flack left the meeting for this Item.

 

Councillor A M Smyth declared a Non Pecuniary Significant Conflict in Item 10.6 –  Report on the Land & Environment Court Challenge by Nambucca Valley Conservation Association in regard to DA 2004/136 under the Local Government Act as she is a voluntary member of the Nambucca Valley Conservation Association.  Cr Smyth left the meeting for this Item.

 

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 18 June 2009

1366/09 RESOLVED:       (Moran/Court)

 

That the minutes of the Ordinary Council Meeting of 18 June 2009 be confirmed with the following amendment:

 

·                     P 11 – Item 10.2 – 1 Replace the word seal with “sea” level.

 

 

 

 

 

 



NOTICE OF MOTION – CR Moran OAM

ITEM 5.1      SF1269              020709      Notice of Motion - Naming of Lane in Macksville

1367/09 RESOLVED:       (Moran/South)

 

1        That Council advertise calling for a name for the Lane between West Street and Wallace Street, Macksville.

 

2        That consideration be given to a name relating to the Provost family.

 

 

 

 


Cr J E Court left the meeting for this item, the time being 5.35 pm and returned at the commencement of the following item, the time being 5.55 pm.

   

Asking of Questions with Notice - LATE

ITEM L.1      SF1367              020709      Question With Notice - Matthew Street, Scotts Head - Place Based Study

1368/09 RESOLVED:       (Ainsworth/Finlayson)

 

That Consultants Bennell and Associates be requested to provide a Draft of their recommendations prior to the public meeting being held 6 July 2009 in relation to the “Place Based Study” for Matthew Street, Scotts Head.

 

 

 

 

 


 

General Manager Report

ITEM 9.1      SF959                020709      Outstanding Actions and Reports

1369/09 RESOLVED:       (Moran/Court)

 

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

 

 

 

 

 

 


ITEM 9.2      SF706                020709      Grant Application Status Report - 23 June 2009

1370/09 RESOLVED:       (Moran/Flack)

 

That the list of grant programs and their status to 23 June 2009 be received.

 

 

 

 

 


ITEM 9.3      SF769                020709      Reclassification of the Bowraville - Bellingen Road from a Regional Road to a Local Road

1371/09 RESOLVED:       (Flack/Ballangarry)

 

1        That Council make representations in conjunction with Bellingen Shire Council to the Roads and Traffic Authority and also to the Minister for Roads, the Hon. Michael Daley MP objecting to the change in classification of the Bowraville to Bellingen Road from a Regional Road to a Local Road.

 

2        That the Mayor of Bellingen Shire Council be requested to participate in a deputation with the Mayor of Nambucca Shire Council to the Minister for Roads to express the Councils’ concerns in relation to the withdrawal of funding.

 

 

 

 

 

 

 


ITEM 9.4      SF600                020709      Purchase of Macksville East Public School Site - Thistle Park

1372/09 RESOLVED:       (Court/Ainsworth)

 

1        That Council enter into a Contract for the purchase of Thistle Park for the sum of $25,000 plus GST subject to the following restrictions being placed on title:

 

·   A restriction that the land cannot be used for a non government school

·   A positive covenant that the land be used only for community purposes

·   That any part of the land not be onsold without the approval of the Minister for Education and Training and a Caveat be lodged for that purpose.

 

2        That the land be classified as “operational”.

 

3        Council offer the Nambucca District Cricket Association a 20 year Lease of the land at nominal rental, subject to them being responsible for all insurances and maintenance.

 

4        Council affix its Seal to any documents as required.

 

5        That Council thank the Minister, the Hon. Verity Firth and radio host Ray Hadley for their intervention in the matter.

 

6        That Council suggest to the Nambucca District Cricket Association that the field be named the “Phillip Hughes Oval” and that Mr Hughes be invited to a naming ceremony at the completion of his current cricketing commitments.

 

 

 

 

 


 

Director Environment and Planning Report

ITEM 10.1    SF736                020709      Aboriginal Child Youth and Family Strategy and Changes to Youth Services at Council

1373/09 RESOLVED:       (Ballangarry/Flack)

 

1          That Council note that for the time being, funding for the Aboriginal Youth Worker project will remain with the Department of Community Services under its Aboriginal Child Youth and Family, Strategy and further, that the funding is now regarded as being “one-off” and therefore concludes at the end of 2009-10.

 

2          That Council note and endorse a change in focus for the Aboriginal Youth Worker project in that it will be focussed on Bowraville for 2009-10, further noting that this is at the instigation of the funding authority and not Council.

 

3          That a review of the strategic direction for the Aboriginal Youth Worker project will be undertaken early 2010 or possibly before if there are changes to funding programs by the State Government.

 

 

 

 

 


ITEM 10.2    sf1234              020709      NSW Sport and Recreation Traineeship

1374/09 RESOLVED:       (Flack/Court)

 

1          That Council note that the Sport and Recreation Trainee will be commencing Monday 29 June 2009 for a period of 12 months.

 

 

 

 

 

 


ITEM 10.3    sf1232              020709      Report on Review of Nambucca Shire Council - On-site Sewage Management Plan

1375/09 RESOLVED:       (Flack/Moran)

 

1        That the draft Nambucca Shire Council On-site Sewage Management Plan 2009 be adopted.

 

2        That authors of all submissions be advised of Council’s resolution.

 

3       That the adopted plan be placed on Council’s website with relevant fact sheets and checklists.

 

 

 

 

 

 

 


ITEM 10.4    da2008/269        020709      Report on DA 2008/269 Deck, Garage & Internal Alterations/Change of Use to Residential - 48 High Street, Bowraville

1376/09 RESOLVED:       (Flack/Smyth)

 

That the Report on DA 2008/269 Deck, Garage & Internal Alterations/Change of Use to Residential - 48 High Street, Bowraville be deferred for four (4) weeks to enable the Applicant the opportunity to address the Council Meeting.

 

 

 

 

 

 


ITEM 10.5    sf1261              020709      Outstanding DA's >12 months, applications where submissions received & not determined 23 June 2009

1377/09 RESOLVED:       (Ainsworth/Smyth)

 

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.

 

 

 

 

 


Crs P Flack and A Smyth left the meeting for this item, the time being 6.32 pm and returned at the commencement of the following item, the time being 6.32 pm.

ITEM 10.6    DA2004/136        020709      Report on Land & Environment Court Challenge by Nambucca Valley Conservation Association in regard to DA 2004/136

1378/09 RESOLVED:       (Court/Ainsworth)

 

That council note the report on the Land and Environment Class 4 action by the Nambucca Valley Conservation Association in regard to DA 2004/136.

 

 

 

 

 


 

Engineering Services Report

ITEM 11.1    SF844                020709      Nambucca District Water Supply Bowraville Off-River Storage Steering Committee Minutes - 3 June 2009

1379/09 RESOLVED:       (Ainsworth/Court)

 

That Council adopt the Minutes of the Nambucca District Water Supply Bowraville Off-River Storage Steering Committee Meeting held on 3 June 2009.

 

 

 

 

 


ITEM 11.2    SF741                020709      Minutes from the Plant Committee Meetings held 29 January and 19 June 2009

1380/09 RESOLVED:       (Flack/Ainsworth)

 

1        That Council adopt the Minutes of the Plant Committee meeting held on 29 January 2009.

 

2        That Council adopt the Minutes of the Plant Committee meeting held on 19 June 2009.

 

 

 

1381/09        (Flack/Court)

 

That Council receive a report on the Heavy Plant and Paveliner being the reports that were presented to the Plant Committee meetings.

 

 

 

 

 


    

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 6.40 pm. 

 

Confirmed and signed by the Mayor on 16 July 2009.

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)