Minutes of Ordinary Council Meeting

NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 11 April 2012

The following document is the minutes of the Council meeting held on 11 April 2012. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 26 April 2012 and therefore subject to change. Please refer to the minutes of 26 April 2012 for confirmation.

PRESENT

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

ALSO PRESENT

Michael Coulter (General Manager)	Greg Meyers (Director Environment & Planning)
Paul Gallagher (Director Engineering Services)	Monika Schuhmacher (Minute Secretary)

DISCLOSURE OF INTEREST

Councillor PF Flack declared a non-pecuniary significant conflict of interest in Item 5.3 Notice of Motion - Rural Blocks Fronting Sealed Roads but with No Building (Dwelling) Entitlements under the Local Government Act as Cr Flack has family members whose land will fit the criteria of land to be considered in the proposed report. Cr Flack left the meeting for this item.

Councillor PF Flack declared a non-pecuniary significant conflict of interest in Item 9.6 Sale of Council owned land at the Bowraville Racecourse to the Nambucca River Jockey Club under the Local Government Act as Cr Flack has family members who own adjoining property. Cr Flack left the meeting for this item.

Councillor JA Ainsworth declared a pecuniary conflict of interest in Item 9.7 Pacific Highway Warrell Creek to Urunga Upgrade - Outcome of Technical Review under the Local Government Act as Cr Ainsworth owns property in the investigation area. Cr Ainsworth left the meeting for this item.

Councillor ES South declared a non-pecuniary significant conflict of interest in Item 10.7 Findings of the Odour Testing Free-Range Piggery, Tewinga under the Local Government Act as Cr South also owns a free range piggery. Cr South left the meeting for this item.

Councillor PF Flack declared a non-pecuniary insignificant conflict of interest in Item 10.7 Findings of the Odour Testing Free-Range Piggery, Tewinga under the Local Government Act as Mr Goesch, an objector, to the piggery is Cr Flack’s mechanic.

Councillor Smyth declared a non-pecuniary insignificant conflict of interest in Item 10.7 Findings of the Odour Testing Free-Range Piggery, Tewinga under the Local Government Act as one of the affected residents is Cr Smyth’s family mechanic.

PRAYER

Mr Walter May from the Salvation Army offered a prayer on behalf of the Nambucca Minister's Association.

CONFIRMATION OF MINUTES - Ordinary Council Meeting 15 March 2012

3297/12 RESOLVED: (South/Moran)

That the minutes of the Ordinary Council Meeting of 15 March 2012 be confirmed.

CONFIRMATION OF MINUTES - Special Meeting of Council 29 March 2012

3298/12 RESOLVED: (South/Moran)

That the minutes of the Special Meeting of Council of 29 March 2012 be confirmed.

NOTICE OF MOTION - CR Smyth

ITEM 5.1 SF1714 110412 Notice of Motion - Request for Leave - Cr Anne Smyth - 3 to 15 May 2012 Inclusive (SF1228)

3299/12 RESOLVED: (Smyth/Flack)

That Cr Anne Smyth be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period Thursday 3 May 2012 to Tuesday 15 May 2012, inclusive.

NOTICE OF MOTION - CR Hoban

ITEM 5.2 SF1714 110412 Notice of Motion - Support for Start Up and Existing Businesses (SF661)

3300/12 RESOLVED: (Hoban/South)

That Council write to Minister Hodgkinson seeking an assurance of the continuation of the Business Advisory Service.

NOTICE OF MOTION - CR Finlayson

Cr Flack left the meeting at 8.37 and returned after the conclusion of this item at 8.44 am.

ITEM 5.3 SF1714 110412 Notice of Motion - Rural Blocks Fronting Sealed Roads but with No Building (Dwelling) Entitlements (SF643)

3301/12 RESOLVED: (Finlayson/Court)

That Council receive a report setting the numbers of rural blocks which for various reasons do not have building (dwelling) entitlement but which are located fronting existing sealed roads or are bisected by sealed roads with a view to Council taking steps to provide a process whereby those blocks may obtain a building entitlement. Further, that if adopted, no further action be taken until the matter comes back to Council in June 2012 with confirmation that the Planning Department is able to undertake the task.

NOTICE OF MOTION - CR Finlayson

ITEM 5.4 SF1714 110412 Notice of Motion - Availability of Industrial Land at Macksville and Nambucca Heads (SF477)

3302/12 RESOLVED: (Finlayson/Ainsworth)

That Council review the availability of industrial (employment) lands at both Nambucca Heads and Macksville and if thought necessary take steps to rezone further land for this purpose. Further, if adopted, no further action be taken until the matter comes back to Council in June 2012 with confirmation that the Planning Department is able to undertake the task.

DELEGATIONS

3303/12 Resolved: (Ainsworth/Court)

That the following delegations be heard:

1 ITEM 10.7 Findings of the Odour Testing Free-Range Piggery, Tewinga

i) Mr Geoff Goesch

ii) Mr Bill Rainey

iii) Mr Brett Goodwin

iv) Mr Peter Henderson – not present

2 ITEM 11.7 Renaming a Right of Carriageway off Hakea Road Way Way

i) Mr Malcolm Middleton

ii) Mr Michael Blockey – not present

3 ITEM 10.10 Extension to Medical Centre - 1/1 Marshall Way, Nambucca Heads

i) Ms Ruth Dodd

ii) Mr Alan Rudge

iii) Ms Leavina Reed

Mr Geoff Goesch addressed Council to a prepared statement which is on Trim File SF1541.

Mr Bill Rainey addressed Council making the following points:

· Sick of explaining to daughter why it smells so much

· Supports first recommendation but believes they do not go far enough

· Council has many more options

· Referred to Deacons’ recommendation of 3 November 2009

· Discussed polluting ambient air

· Enforce existing buffer zones

· There appears to be a breach of the POEO Act

· Suggests Council continues to seek legal advice

· Read out Section 125 of the LG Act, Section 4.2, public nuisance

· Council’s options have been highlighted previously, it has the power and responsibility to enforce this property as an animal keeping property

· Piggery not suitable for this size site with 14 neighbouring residences.

Mr Brett Goodwin addressed Council making the following points:

· They are the victims of this report

· Number of animals has remained since smell testing commenced

· Council could have spent the money elsewhere in the Shire

· Tests have shown no pollution

· Nearby swamp tested and polluted from nearby cattle owners

· Any smell producing farm may be covertly tested by Council

· GA Bell, who wrote the report is a doctor of psychology, not a chemist or engineer

· Report never revealed where technology came from – developed in Japan, has not been tested in Australian Court of Law

· Report author does knot now what chemicals are in the air from his own technology

· Explained measure of gases

· Discussed Relationship Analysis as recorded by author of Council’s report

· Have neighbours cattle and goats close to their kitchen, but they expect animals around them as they live on rural agricultural land

· The whole world depends on farmers – if you don’t like animals move

Cr South left the meeting at 9.30 am and returned after the conclusion of this item at 10.23 am.

ITEM 10.7 SF1541 110412 Findings of the Odour Testing Free-Range Piggery, Tewinga

Motion: (Ainsworth/Court)

1 That Council note the final report and its recommendations.

2 That Council when next reviewing Nambucca Development Control Plan consider greater buffer zones along the RU1 and R5 interfaces for future development applications.

3 That Council write to owners of 266 Irvines Road and attach a copy of the odour management recommendations from the E-Nose Report for their consideration and implementation.

Amendment: (Court/Flack)

1 That Council note the final report and its recommendations.

2 That Council when next reviewing Nambucca Development Control Plan consider greater buffer zones along the RU1 and R5 interfaces for future development applications.

3 That Council write to owners of 266 Irvines Road and attach a copy of the odour management recommendations from the E-Nose Report for their consideration and implementation, including:

· Covering feeding areas and filtering the air from them

· Remediating areas onsite where pigs have fouled the soil using rotational exclusion of animals in these areas

· Growing plants over soiled area to speed the breakdown of faecal material

· Growing densely foliated windbreaks across wind lines

· Minimising pig numbers.

The amendment was LOST.

3304/12 Resolved: (Ainsworth/Court)

1 That Council note the final report and its recommendations.

2 That Council when next reviewing Nambucca Development Control Plan consider greater buffer zones along the RU1 and R5 interfaces for future development applications.

3 That Council write to owners of 266 Irvines Road and attach a copy of the odour management recommendations from the E-Nose Report for their consideration and implementation.

3305/12 Resolved: (Flack/Smyth)

That, if the number of pigs on the property increases and Council receives further complaints regarding odour, Council seeks legal advice from a Barrister with appropriate expertise as to whether in the light of this new information Council should reconsider the need for a development application for the Tewinga Piggery.

Motion: (Flack/Moran)

That staff provide a report to Council as to why Council should not take action under the POEO Act for high piggery odour as detailed in the E-Nose report in relation to the piggery to date and how Council will manage future breaches of the POEO Act in relation to environmental pollution event at the piggery.

The Motion was LOST.

Motion: (Flack/Smyth)

That Council receive a report in six (6) months time as to the landowner’s implementation of the recommendations set out in the E-Nose report and referred to in recommendation three (3).

The Motion was LOST.

DELEGATIONS continued

Mr Middleton addressed Council making the following points:

· Owns single largest property off Hakea Road

· Was never consulted on naming of Hakea Road

· Outlined requirements for naming as per GNB requirements

· Suggested Waters Lane and provided reasons for this suggestion

· Is consistent with nearby names of roads ie a water theme

· Gave reasons why Wiru was not a suitable name, particularly by emergency services

· Waters Lane offers literal and inspiration meaning and is easy to spell and pronounce, is unique and private

· Has concerns with Seascape Place as the name for the road—believes it may be a security risk as people may want to come and look at the outlook and does not provide the relevance as does Waters Lane

· Waters Lane has several meanings….serenity, relaxation, therapeutic

· Has no relevance to his family names.

ITEM 11.7 SF98 110412 Renaming a Right of Carriageway off Hakea Road Way Way

Motion: (Moran/Ainsworth)

That Council advertise its intention to name the Right of Way off Hakea Road, Waters Lane, in accordance with its current Road Naming Policy.

Amendment: (Flack/Court)

That Council advertise its intention to name the Right of Way off Hakea Road, Seascape Place, in accordance with its current Road Naming Policy.

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

3306/12 Resolved: (Flack/Court)

That Council advertise its intention to name the Right of Way off Hakea Road, Seascape Place, in accordance with its current Road Naming Policy.

DELEGATIONS continued

Mrs Dodd addressed Council making the following points:

· Representing Osprey Villas and its disabled residents who use scooters

· Little or no footpath for residents to get around

· Scooters tip very easily

· Wants something done about parking so scooters don’t run risk of going over the slope

· Hopes that Council can assist.

Mr Rudge addressed Council making the following points:

· Seeking 8% increase in floor area

· Never been designed as a health or medical centre

· Want to make site better not bigger

· Need to upgrade facilities such as the disabled facilities, treatment room, additional doctors room, allied health rooms

· Car parking – should have 28 car spaces, but only have 7 at present

· Council is asking for a 300% increase in car parking facilities – this is impossible

· Coffs Harbour City Council has a different Code for car parking as to this Council’s: ie if this was Coffs Harbour City Council, seven car parking spaces would be OK

· Building Code of Australia’s Code – cannot abide by this code either

· The medical facility will not be opened on the weekend

· Allied health staff not there on a daily basis, as the doctors will be

· No objections received

· Petition – no garbage bins on footpath, not open on Sundays, access problems can be resolved – widening footpath along Marshall Way, could increase parking to 8,

· Willing to work with Council regarding signage to provide time limits for parking

· Accept freeze on patient numbers

· Could provide a drop off area

· Extra car spaces can be provided around the back on the Faringdon side

· Ambulance/disabled space can be provided by better signage, line marking on road.

Ms Leavina Reed addressed Council making the following points:

· CEO since Bawrunga’s conception in 1999

· Was dissatisfied with overall delivery of health services to the wider community

· Aim was to offer bulk billing services to the community

· Council provided first facility in Bowraville (former TAFE facility)

· Provide facilities for Indigenous and non Indigenous people alike

· Provided background leading up to current project

· Were always told that expansion would not be an issue, including building on top of the current building

· Is a not for profit run organisation

· Only want to expand into back section

· Have spoken to IGA who own the parking at the back of the IGA building.

ITEM 10.10 DA2012/004 110412 DA2012/004 Extension to Medical Centre - 1/1 Marshall Way, Nambucca Heads

3307/12 Resolved: (Finlayson/Ainsworth)

That Council consider a variation to the car parking standards within NDCP 2010 Part C; and the applicant comes forward with opportunities for additional car parking. Further, that the development application comes back to Council for determination.

3308/12 Resolved: (Hoban/Ainsworth)

That Council review its Car Parking Code.

3309/12 Resolved: (Hoban/Court)

That, in preparing the conditions of consent, Council consider limiting parking time; limiting the number of patients on site to pre development numbers; and that the applicant be asked to present methods for addressing the existing overhang on the front car parks and the possibility of adding additional parking including onsite.

3310/12 Resolved: (Hoban/Court)

That the applicant be given the opportunity to try and increase available parking spaces.

3311/12 Resolved: (Flack/South)

That Council bring item 11.9 – Eungai Creek Bridge forward as Mr David Hall representing the Eungai Creek community was in the gallery and wished to table a petition..

3312/12 Resolved: (Court/Flack)

That the tabling of the petition concerning the closure of the Eungai Creek Bridge be accepted.

ITEM 11.9 SF768 110412 Eungai Creek Bridge

3313/12 RESOLVED: (Flack/Court)

That Council note and endorse the revision to the forward bridge replacement program. The revision being that Eungai Creek Bridge be brought forward to 2012/13 and that Factory Bridge be deferred to 2013/14.

The meeting adjourned at 12.26 pm.

The meeting resumed at 12.58 pm

ASKING OF QUESTIONS WITH NOTICE

There were no Questions With Notice.

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

There were no Questions for Closed Meeting where due Notice has been received.

General Manager Report

ITEM 9.1 SF959 110412 Outstanding Actions and Reports

3314/12 RESOLVED: (Moran/Flack)

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

ITEM 9.2 SF1120 110412 Grant Application Status Report - 2 February 2012

3315/12 RESOLVED: (Court/Moran)

That the list of grant applications and their status to 20 March 2012 be received.

ITEM 9.3 SF544 110412 Section 94 Status Report - September 2011

3316/12 RESOLVED: (Moran/Flack)

1 That the Section 94 Status Report – April 2012 be received.

2 That Section 94 activities as outlined in the report be endorsed.

3317/12 Resolved: (Flack/Ainsworth)

That clarification be sought on the mining and/or extractive industries contribution plan and information also be provided on coal seam gas extraction exploration and its implications for contribution planning.

ITEM 9.4 SF394 110412 Long Term Investments

3318/12 RESOLVED: (South/Court)

1 The General Manager be provided with delegated authority to invest in longer dated term deposits being terms of up to 5 years. Further, any decision to invest in longer dated term deposits is only to be made in accordance with advice received from CPG Advisory.

2 That the information concerning Council’s investments be received.

ITEM 9.5 SF600 110412 Acquisition of a Section of Road Reserve for the North Coast Rail Corridor

3319/12 RESOLVED: (Finlayson/South)

1 That Council agree to the compulsory acquisition of the nominated road reservation under Section 30 of the Land Acquisition (Just Terms Compensation) Act.

2 That Council agree to compensation of $7,000 plus GST.

3 That, where required, Council’s seal be attached to documents required for the Section 30 deed and for the transfer of the land.

Cr Flack left the meeting for this item at 1.20 pm and returned after the conclusion of the item at 1.25 pm.

ITEM 9.6 SF600 110412 Sale of Council owned land at the Bowraville Racecourse to the Nambucca River Jockey Club

3320/12 RESOLVED: (Moran/Finlayson)

1 That Council support representations by the Nambucca River Jockey Club for the transfer of the Trust Management for Reserve D540002 from Council to the Nambucca River Jockey Club.

2 That Council advise the Nambucca River Jockey Club that it is willing to sell Lots 3 and 4 DP 596774 for $4,000 plus GST subject to the land being reclassified from community land to operational land.

3 That, In relation to the reclassification of the land, the Nambucca River Jockey Club be advised they will be required to meet Council’s reasonable expenses being the $1,574 (including GST) fee for a planning proposal plus the fee (at cost) for the independent person to conduct the public inquiry.

4 That the Nambucca River Jockey Club be advised that they will be required to meet all of Council’s legal costs in relation to the transfer of the land and all expenses associated with Reserve D540002.

3321/12 Resolved: (Finlayson/Ainsworth)

That the $4,000 be remitted to the Jockey Club on the basis that the funds be used for landscaping the inside of the track. (Reference made to the presentation of Grafton Racecourse.)

3322/12 Resolved: (Finlayson/Ainsworth)

5 That following receipt of the fee for a planning proposal from the Nambucca River Jockey Club, Council proceed to undertake the reclassification of Lots 3 and 4 DP 593774 from community to operational land and the General Manager be provided with delegated authority to appoint an independent person to undertake the public hearing.

For the motion: Councillors Hoban, Court, Flack, Smyth, Finlayson, Ainsworth, Moran and South (Total 8)

Against the motion: Nil

Cr Ainsworth left the meeting for this item at 1.26 pm and returned after the conclusion at 1.27 pm.

ITEM 9.7 SF841 110412 Pacific Highway Warrell Creek to Urunga Upgrade - Outcome of Technical Review

3323/12 RESOLVED: (Moran/Flack)

That the information concerning the findings of the technical review of the alignment of the Pacific Highway upgrade between Macksville and Nambucca Heads be received.

ITEM 9.8 SF342 110412 Valla Beach Tennis Club Inc Committee of Management - Minutes of AGM 26 February 2012

3324/12 RESOLVED: (Flack/South)

That Council endorse the Valla Beach Tennis Courts Committee of Management’s minutes of the Annual General Meeting held on 26 February 2012 and thank the outgoing Committee for their work in the past twelve months.

General Manager Report – LATE

ITEM 9.9 SF324 110412 Gumma Reserve (Boulton's Crossing) Committee of Management - Resignation of President; Secretary/Treasurer; and Committee Member

3325/12 RESOLVED: (Court/Finlayson)

1 The two remaining Committee representatives (Cr Ainsworth and Mr Kerry Morgan) be advised that if the Committee of Management is to continue, that an Annual General Meeting would need to be held within the next month to fill the vacant executive positions. Further, they be advised that if there is insufficient interest to conduct an AGM or fill the executive positions, then the operations of the Reserve would be taken over by Council using contractors and staff to undertake the work.

2 That arrangements be made for the General Manager and Accountant to be cheque signatories of the Committee’s funds to enable the payment of current invoices.

3 That the resigning President, Secretary/Treasurer and Committee representative be thanked for the time and energy they have devoted to the management of the Gumma Reserve (Boulton’s Crossing) over many years.

Director Environment and Planning Report

ITEM 10.1 SF1709 110412 Outstanding DA's greater than 12 months, applications where submissions received not determined to 30 March 2012

3326/12 RESOLVED: (Moran/Ainsworth)

1 That the list of outstanding development applications (in excess of 12 months old) 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 10.2 SF1709 110412 DA's and CDC's Received and Determined under Delegated Authority to 30 March 2012

3327/12 RESOLVED: (Moran/Ainsworth)

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

ITEM 10.3 SF1709 110412 DEP Applications and Statistical Reports 2011-2012, and Certificates Received 2010-2012 (March 2012)

3328/12 RESOLVED: (Flack/South)

1 That Council note development application statistics and processing times for 2012 compared with 2011.

2 That Council note the statistical information for Applications and Certificates received and released by Council for 2010-2012.

ITEM 10.4 SF1148 110412 Contract Regulatory Officer's Report March 2012

3329/12 RESOLVED: (Flack/Moran)

That the report from the Contract Regulatory Officer for March 2012 be received and noted by Council.

ITEM 10.5 SF1718 110412 Report on the Minutes of the ACAC Committee Meeting held 6 March 2012

3330/12 RESOLVED: (Flack/Smyth)

1 That Council endorse the Minutes of the Aboriginal Community Advisory Committee held 6 March 2012.

2 That Council advise the Bowraville Local Aboriginal Lands Councils, Nambucca Heads Local Aboriginal Lands Council, Unkya Local Aboriginal Lands Council, MiiMi Aboriginal Corporation and Muurrbay Aboriginal Language and Culture Co-operative that the list of development applications received by Council are contained in the Business Agenda presented to each Council meeting, accessible from Council’s website.

3 That Council investigate grant opportunities for an Aboriginal Sites Officer, in consultation with the three Local Aboriginal Lands Councils, MiiMi Aboriginal Corporation and Muurrbay Aboriginal Language and Culture Co-operative.

4 That for future cultural competency workshops, local organisations within the Nambucca Shire boundaries to be given priority and Council notes that these cultural competency workshops are to be Nambucca Shire specific.

ITEM 10.6 SF1719 110412 Minutes of the Access Committee meetings held 28 February 2012

3331/12 RESOLVED: (Ainsworth/Smyth)

That the Minutes of the Access Committee held 28 February 2012 be endorsed by Council.

Item 10.7 was dealt with under Delegations.

ITEM 10.8 SF46 110412 Review of Fees for Cemeteries

3332/12 RESOLVED: (Flack/Smyth)

1 That Council note the proposed revised fee structure for Cemetery Services within Nambucca Shire Council and the revised fees be included in the Draft 2012/13 Revenue Policy for public exhibition.

2 That Council include two new fees in the Draft 2012/13 Revenue Policy for the Relinquishment of a Cemetery Reservation and the transfer of a Reservation to a family member.

ITEM 10.9 SF1698 110412 Planning Proposal LEP Amendment No 7 Rural Tourist Facilities - Result of Exhibition

3333/12 RESOLVED: (Finlayson/Ainsworth)

1 That pursuant to clause 59 of the Environmental Planning and Assessment Act 1979 the Planning Proposal, associated documents and submissions be forwarded to Department of Planning and Infrastructure requesting that they seek the making of the Plan by the Minister.

2 That those persons/agencies who made submissions be advised of Council's decision.

3 That a fact sheet be prepared and advertised on Council’s website.

For the motion: Councillors Hoban, Court, Flack, Smyth, Finlayson, Ainsworth, Moran and South (Total 8)

Against the motion: Nil

Item 10.10 was dealt with under Delegations.

Director Engineering Services Report

ITEM 11.1 SF101 110412 Public response to the donation of the whale sculpture

Motion: (Flack/Smyth)

1 That Council advise Mr Kroie that it will accept the offer of the sculptured whale.

2 That Council allocate an amount of $3000.00 from working funds for the installation of the sculptured whale at the Nambucca Surf Life Saving Club.

The motion was LOST.

3334/12 Resolved: (Finlayson/Ainsworth)

That Council write to Mr Kroie thanking him for his kind offer but, due to the cost of installation and its ongoing maintenance, Council has to decline the offer.

Note: Cr Finlayson left the meeting at 1.52 pm.

ITEM 11.2 SF604 110412 Removal of Chinese Tallowood (Class 3 Noxious Weed) Trees - Dawkins Park, Macksville

3335/12 RESOLVED: (Moran/Court)

That Council note that the three Chinese Tallow trees in Dawkins Park, Macksville, which are declared Class 3 Noxious Weeds are to be programmed for removal and that Council will replant three (3) advanced trees.

ITEM 11.3 SF61 110412 Professional Lifeguard Services Report for the Contract Period 2011/2012

3336/12 RESOLVED: (South/Flack)

That Council receive and note the Season Report for 2011/2012 by Australian Lifeguard Service.

3337/12 Resolved: (Court/Flack)

That Council receive a report regarding extending life guard services over the Easter break, including community education. Also that the report consider markers for boats to access Forsters Beach at Scotts Head without conflicting with swimmers.

ITEM 11.4 SF1145 110412 Off River Storage Project – Amendments to EIS Mitigation Measures

Motion: (Ainsworth/Moran)

That Council approve the proposed amendments to the Environmental Impact Statement mitigation measures as detailed in the letter from GHD dated 17 February 2012.

Amendment: (Flack/Smyth)

That Council place the proposed amendments to the Environmental Impact Statement mitigation measures as detailed in the letter from GHD dated 17 February 2012 on public exhibition for the minimum period and specify the clause that is being amended and what it is being amended to.

The amendment was LOST.

3338/12 Resolved: (Ainsworth/Moran)

That Council approve the proposed amendments to the Environmental Impact Statement mitigation measures as detailed in the letter from GHD dated 17 February 2012.

Note: Cr Flack requested that her vote be recorded as against this resolution because no community consultation had taken place and there was a lack of information about the changes to be made.

ITEM 11.5 SF565 110412 Temporary Road Closures for Events on Roads - Anzac Day Marches

3339/12 Resolved: (Ainsworth/Court)

1 That Council approve the road closures subject to the following being received by Council:

· Certificate of Currency for Public Liability Insurance

· Traffic Management Plan confirming Accredited Traffic Controllers will be on site, and

· Police approval for the road closure.

2 That Council endorse the road closures, following the receipt of the appropriate documents, as follows:

· The Returned and Services League of Australia (Macksville Branch) – Anzac Day March to be held on 25 April 2012 between 11.00 am and 11.10 am and the Dawn Service 05.15 am to 05.45 am.

· The Returned and Services League of Australia (Bowraville Branch) – Anzac Day March to be held on 25 April 2012 between 9.30 am and 10.30 am.

· The Returned and Services League of Australia (Nambucca Heads Branch) – Anzac Day March to be held on 25 April 2012 between 8.30 am to 9.30 am.

3 That Council advertise the road closures seven (7) days prior to Anzac Day March.

ITEM 11.6 SF1499 110412 Applications for B Double Route - Link Road to Tallowwood Road Via Old Coast Road, Mann Street and Hyland Park Road, Nambucca Heads

Motion: (Moran/South)

That Council approve the B-Double Route Application received from Forests NSW from Link Road, Nambucca Heads to Tallowwood Road via Old Coast Road, Mann Street and Hyland Park Road subject to the following:

a Haulage to be undertaken in daylight hours

b Appropriate advanced warning signage is placed on Hyland Park Road advising motorists of potential truck movements

c B-Double gazettal is granted for one direction only, as requested, where trucks laden with logs proceed to the Pacific Highway.

Amendment: (Hoban/Ainsworth)

a Haulage to be undertaken in daylight hours

b Appropriate advanced warning signage is placed on Hyland Park Road advising motorists of potential truck movements

c B-Double gazettal is granted for one direction only, as requested, where trucks laden with logs proceed to the Pacific Highway.

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

3340/12 Resolved: (Hoban/Ainsworth)

a Haulage to be undertaken in daylight hours

b Appropriate advanced warning signage is placed on Hyland Park Road advising motorists of potential truck movements

c B-Double gazettal is granted for one direction only, as requested, where trucks laden with logs proceed to the Pacific Highway.

Item 11.7 was dealt with under Delegations.

ITEM 11.8 SF247 110412 Nambucca Heads Sewerage Augmentation – Letter of Commendation from EPA

3341/12 RESOLVED: (Flack/South)

That Council note the commendation from the EPA and congratulate the staff involved for managing such a large capital project with such a positive outcome.

Item 11.9 was dealt with under Delegations.

ITEM 11.10 SF916 110412 Tender for the Supply of Ready Mixed Concrete

3342/12 RESOLVED: (Moran/South)

That Council accept all tenders submitted by Hy-Tec, Boral and Mid Coast Concrete & Quarries for the period commencing 1 April 2012 and terminating on 31 December 2013 with the option of a twelve (12) month extension.

ITEM 11.11 SF452 110412 Status Report on Waste Matters

3343/12 RESOLVED: (Flack/Smyth)

That Council receive and note the information provided in the report.

3344/12 Resolved: (Flack/Hoban)

That Council notes how helpful this report was and requests that Council receive a quarterly waste management report including any infringement notices issued, progress at the Bio Mass waste process facility, progress with community education and progress with landfill cell construction and filling and ideas on addressing bin contamination.

CLOSURE

There being no further business the Mayor then closed the meeting the time being 2.46 pm.

Confirmed and signed by the Mayor on 26 April 2012.

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)