Minutes of Ordinary Council Meeting

NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 24 April 2014

The following document is the minutes of the Ordinary Council meeting held on 24 April 2014. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 15 May 2014 and therefore subject to change. Please refer to the minutes of 15 May 2014 for confirmation.

PRESENT

Cr Rhonda Hoban (Mayor)	Cr John Ainsworth
Cr Martin Ballangarry OAM	Cr Brian Finlayson
Cr Paula Flack	Cr Kim MacDonald
Cr Bob Morrison	Cr Anne Smyth
Cr Elaine South

ALSO PRESENT

Michael Coulter (General Manager)	Scott Norman (AGM Corporate Services)
Paul Gallagher (AGM Engineering Services)	Lorraine Hemsworth (Minute Secretary)

PRAYER

Captain Steve Dorman, Salvation Army, offered a prayer on behalf of the Nambucca Minister's Association.

DISCLOSURE OF INTEREST

Councillor A Smyth declared a non-pecuniary – less significant conflict of interest in Item 9.5 under the Local Government Act as she is a member of the Gordon Park Rainforest Walks Committee. Cr Smyth remained in the meeting for this item.

Councillor R Hoban declared a non-pecuniary - significant conflict of interest in Item 9.6 Valla Quarry - Addendum to Quarry Environmental Management Plan under the Local Government Act as Cr Hoban was involved in negotiating conditions of consent for this development prior to becoming a Councillor. Cr Hoban left the meeting for this item.

Councillor J Ainsworth declared a non-pecuniary – less significant conflict of interest in Item 9.6 Valla Quarry - Addendum to Quarry Environmental Management Plan under the Local Government Act as a Son-In-Law of a distant relative makes the occasional and irregular collection of material from the Quarry on behalf of local Trade persons. Cr Ainsworth remained in the meeting for this item.

Councillor K MacDonald declared a non-pecuniary – significant conflict of interest in Item 9.7 DA2013/129 Proposed Two(2) Lot Subdivision Lot 8 DP 1031509 – 125 Ocean View Drive, Valla Beach under the Local Government Act as she did not feel it appropriate to vote given that she was unable to attend the onsite inspection. Cr MacDonald left the meeting for this item.

Councillor K MacDonald declared a non-pecuniary – significant conflict of interest in Item 12.1 under the Local Government Act as she did not feel it appropriate to vote given that she was unable to attend the onsite inspection. Cr MacDonald left the meeting for this item.

Councillor K MacDonald declared a pecuniary interest in Item 11.2 Nambucca District Water Supply Steering Committee Meeting 2 April 2014 - under the Local Government Act as it has direct reference to Haslin who her employer is a supplier of fuel to. Cr MacDonald left the meeting for this item.

CONFIRMATION OF MINUTES - Ordinary Council Meeting 10 April 2014

211/14 RESOLVED: (Smyth/Flack)

That the minutes of the Ordinary Council Meeting of 10 April 2014 be confirmed.

NOTICE OF MOTION - CR Smyth

ITEM 5.1 SF1933 240414 Notice of Motion - Request for Leave - Cr Anne Smyth - 25 April to 14 May 2014 (SF1228)

212/14 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 25 April to 14 May 2014 inclusive.

DELEGATIONS

Resolved: (MacDonald/South)

That the following Public Forums and Delegations be heard:

Public Forum:

i) Mrs Janine Reed for Committee of Management on behalf of Update on Utungun Community Centre

ii) Mr Neville and Mrs Maureen Ward - Maras Creek Road (Dairy)

iii) Mr Doug Urquhart - Road side slashing & Active Tree Service

Delegations:

ITEM 9.6 DA2001/096 240414 Modification of Consent - Valla Quarry - DA 2001/096

i) Ms Susan Jenvey - Objector

ii) Dr Peter Sobey - Objector

iii) Clayton Hill on behalf of Valla Quarry

ITEM 11.1 SF86 240414 Reallocation of Nambucca SES 4WD vehicle to the Nambucca District Volunteer Rescue Association (NDVRA) Rescue Squad

i) Christopher Pearson on behalf of Nambucca District VRA

Mrs Janine Reed addressed Council making the following points:

· Thanked Council for holding the Council meeting at Utungun.

· Utungun means “place of many frogs”

· Thanked Pioneers and volunteers who support the hall

· Photos around of the Hall of those who served our Nation and depicting the History of the area

· Home of Nambucca Valley Entertainers

· Great plans for future – hall not adequate and need to extend hall and put a shelter to one side

· 100^th anniversary – October Long weekend

· Provided News letter

Mr Neville and Mrs Maureen Ward addressed Council making the following points:

· Letter previously sent to Council regarding dairy – lots of bus and trucks turning around at Dairy’s driveway

· Watch school bus doing 3 point turnaround

· Workplace safety for buses

· Keep drainage

· Dust flowing into dairy – extend bitumen to turnaround area to help alleviate the situation

Assistant General Manager advised that he will schedule an inspection and report to Council.

Mr Doug Urquhart addressed Council making the following points:

· Thanked Council for coming and provided a welcome from community

· Roadside slashing – approximately 1 metre wide on roadsides - who looks after unslashed area to properties? Do we slash ourselves – it is a mess as it is a fire risk

· Rubbish left on side of road by Active Tree Services – side of road going to Boat Harbour Bridge – trees left on roadside – again fire risk

· Traffic lights on Taylors Arm road that have been there for approximately 2 years. Very expensive for that period.

· Look at removing lights and put in “Give Way” signs

Mayor responded regarding slashing as per Council Policy and Active Tree Services being a change in Policy by Essential Energy. The RMS pays for the traffic lights

Assistant General Manager – Engineering Services stated that the final design for the repair of the road had been completed and will go to Tender within next two weeks.

Slashing – Council changed policy some time ago to do one width cut. Slash yourself – no compensation back from Council however you must get it noted on your insurance that you are doing work to maintain own entrance.

Active Trees Service – Essential Energy changed policy to trim trees and Council to collect rubbish. No indication to Council and landowners apparently. Cost shifting to landowners and Council.

Savings made on mowing passed on to improved road maintenance.

Mavis Ward addressed Council making the following points:

· Condition of Taylors Arm Road and safety from Utungun to Macksville

· 3 School busses travel twice a day

· Bus could easily end up in river - main area around the cutting at Red Bank - barricade put up at least 15 yrs ago. Asked that a secure barricade be put up.

Mavis Ward read a letter on behalf of John Cumberland (letter tabled)

· Maras creek road is unsealed from Wards Dairy to forest

· Road has degraded and is dangerous and now corrugated

· Risk to road users, large wheel ruts

· There has been lack of maintenance and urgent maintenance required on unsealed section

· Requesting removal of large tree at Smiths bend

· Bus has been bogged

· Depression and vegetation blocking the view at Boat Harbour Road and Taylors Arm Road

· Frustration in delays at traffic control lights on Taylors Arm Road – timeline

Delegations:

Cr Hoban left the meeting for this Item at 6.07 pm and returned after the conclusion of the Item at 7.05 pm

Cr Ainsworth took the Chair for the duration of this Item.

Cr Hoban resumed the Chair at 7.05 pm.

ITEM 9.6 DA2001/096 240414 Modification of Consent - Valla Quarry - DA 2001/096

i) Ms Susan Jenvey addressed Council making the following points:

· Disappointed in way in which matter got here report and voting process

· Through 2013 92,000m³ went out of the quarry

· Residents woken at 6.30am, no peace and quiet, noise level increase, dust, peak usage, deteriorated road, truck drivers speed, rocks fall out

· Residents loss of amenity to walk and ride bikes

· Bond money, where is footpath, no properly constructed bus stops

· Geological path of blasting, vibration from blasting, house structure deteriorates

· Bores have turned yellow

· Increased noxious air borne particles being released in form of arsenic in dust clouds

· Council is responsible for increased risk

· Will keep issue elevated to next elections

· 2012-2013 – illegal breaches of extraction

· Poor governance – loss of Compliance Officer – State of lawlessness

· Who oversees blasting charges?

· Council should reflect desires of community

ii) Dr Peter Sobey addressed Council making the following points:

· Thanked Councillors Flack, MacDonald and the Mayor for responding to emails

· Quarry has been a source of conflict for 18 years

· Inadequate consent conditions for crushing plant

· Residents took Development Application to Court

· Council did not campaign for better consent conditions

· Will there be other Development Applications to extract more on Mt England

· Concern quarry will exceed new higher output limit

· Conflict from poor planning decision

· Crushing plant inadequate

· Change in output – every change is for quarry to be made bigger

· When this quarry ends where does this stop?

· s94 register exceeding output and continues and needs to shut down for 6 weeks

Councillor Flack requests specific conditions – no work on Saturdays

i) Clayton Hill on behalf of the Quarry addressed Council making the following points:

· On behalf of Ross Smith

· Decisions should be made on planning grounds

· No increase to footprint of Quarry

· No increase to plant and equipment

· Only increase is to annual extraction limit

· Have enclosed crushing and screening plant

· Have lined dump trucks

· Peak noise mitigation plan

· Code of Conduct for truck drivers has been developed

· Quarry employs 9 full time staff and ancillary staff – contributing to the local economy

· Protecting and maximising extractive resources is important to the community – roads, buildings

· Applications is substantially the same and should be approved on planning grounds

· 5 properties subject to agreement and 2 properties purchased

· Have been discussing with Abigroup arrangements to meet consent conditions

· About 15 years resource left at proposed increased extraction rate

ITEM 9.6 DA2001/096 240414 Modification of Consent - Valla Quarry - DA 2001/096

Motion: (Finlayson/South)

1 That Council accept the application as a modification to the existing development and approve subject to the modified conditions shown in attachment (a), additional conditions as appear in the body of the report concerning vibration and truck movement on Valla Road/interaction with resident users

2 That the modification not be released until the land purchases resolving noise issues have been finalised.

Amendment: (Morrison/MacDonald)

1 That the application be approved for a twelve (12) month period only with a review at the end of that time.

2 That there be telephone notification of proposed blasting to all residents within a 2 km radius of the quarry.

3 That the modifications not be released until the land purchases resolving noise issues have been finalised.

4 That building inspections be undertaken where requested by concerned residents, detailing the present condition of any structures on the property.

5 That the quarry operator develop an appropriate Code of Conduct for truck drivers transporting quarry product on public roads. The Code of Conduct is to be referred to Council for endorsement.

6 That Council formally request the Quarry to cease operations on a Saturday.

For the motion: Councillors Morrison, Finlayson, South, MacDonald, Ainsworth (Total 5)

Against the motion: Councillors Smyth, Flack, Ballangarry (Total 3)

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

213/14 Resolved: (Morrison/MacDonald)

1 That the application be approved for a twelve (12) month period only with a review at the end of that time.

2 That there be telephone notification of proposed blasting to all residents within a 2 km radius of the quarry.

3 That the modifications not be released until the land purchases resolving noise issues have been finalised.

4 That building inspections be undertaken where requested by concerned residents, detailing the present condition of any structures on the property.

5 That the quarry operator develop an appropriate Code of Conduct for truck drivers transporting quarry product on public roads. The Code of Conduct is to be referred to Council for endorsement.

6 That Council formally request the Quarry to cease operations on a Saturday.

For the motion: Councillors Morrison, Finlayson, South, MacDonald, Ainsworth (Total 5)

Against the motion: Councillors Smyth, Flack, Ballangarry (Total 3)

Note: Cr Flack requested that her vote be recorded against this item as she did not believe it was substantially the same development and should have been a new Development Application.

Cr Ballangarry requested that his vote be recorded against as he doesn’t like watering down of rules and regulations.

214/14 Resolved: (MacDonald/Finlayson)

That all public submissions expressing concerns about breaches of road rules be forwarded to the Police and Local Area Command with a request for further patrols of Valla Road.

215/14 Resolved: (MacDonald/Morrison)

That Council investigate the potential for constructing a cycleway/footpath along Valla Road between the Quarry and the highway and request that the Quarry make voluntary Section 94 contributions remit voluntary contributions to fund the work.

DELEGATIONS continued

i) Christopher Pearson on behalf of Nambucca District VRA

ITEM 11.1 SF86 240414 Reallocation of Nambucca SES 4WD vehicle to the Nambucca District Volunteer Rescue Association (NDVRA) Rescue Squad

Christopher Pearson, on behalf of Nambucca District VRA, addressed the meeting making the following points:

· Thanked Council and stated that when the 2 vehicles are to be returned to Council requested that both are retained in the Valley for Emergency Services

· All VRA members pay rates in valley amounting to $35,000 per annum

· Capital items are the hardest thing to come up with funding for. There is no central body to provide vehicles

· VRA are now attending floods

· Increased assistance required to Ambulance and beach rescues

· Increased training requirements for volunteers

· Ongoing involvement in community services

· Involved in 4 major events in valley each year eg Fords, Hot Rods, World Rally, Scotts Head Food and Wine Fair

· Value of vehicles have been written off but will continue to serve the community

· Cannot raise money for vehicles

· Can see a need for and will use both vehicles

· Garage available for both vehicles

· Worth lot more to community and serve for many years

ITEM 11.1 SF86 240414 Reallocation of Nambucca SES 4WD vehicle to the Nambucca District Volunteer Rescue Association (NDVRA) Rescue Squad

Motion: (Morrison/Finlayson)

That Council handover the two SES vehicles to the Nambucca District Volunteer Rescue Association (NDVRA) Rescue Squad as a one off donation with all future costs to be met by the Squad.

The Motion was WITHDRAWN.

216/14 RESOLVED: (Morrison/Finlayson)

1 Council acknowledge the merit of providing operating funds to the NDVRA in terms of the benefit to the community and assistance to the volunteers but advise the NDVRA that Council are unable to accede to their request to contribute funds to the NDVRA operational costs as Council has removed the SES allocation from the budget with the implementation of the SES “Strategic Disaster Readiness Package (SDRP)” and that Council has a legislative requirement to pay the emergency service levy and which unfortunately does not extend to the NDVRA.

2 That upon the NSW SES supplying a new vehicle to the Nambucca SES Unit and their formal confirmation that the 4WD vehicle is ready for disposal, Council allocate one of the former SES 4WD vehicles to Nambucca District Volunteer Rescue Association (NDVRA) Rescue Squad, namely the Nissan Patrol, conditional that all costs pertaining to the transfer of ownership including registration and insurance are met by the NDVRA.

3 That the NDVRA acknowledge that the allocation of the vehicle is a “one-off” donation and Council will not be contributing any further funds towards its maintenance nor the NDVRA operation costs.

4 That Council dispose of the second SES 4WD vehicle through auction and the funds from the proceeds of the sale reverted to the plant reserve.

5 That the NDVRA be recognised for the wonderful effort put into this Committee.

217/14 Resolved: (Ainsworth/Finlayson)

That Items 9.7 and 11.4 be brought forward as there were interested parties in the gallery.

Cr McDonald left the meeting for this Item at 7.28 pm and returned after the conclusion at 7.52 pm.

ITEM 9.7 DA2013/129 240414 DA2013/129 Proposed Two(2) Lot Subdivision Lot 8 DP1031509 - 125 Ocean View Drive, Valla Beach

Motion: (Flack/Smyth)

1 That in accordance with clause 54(6) of the Environmental Planning and Assessment Regulation 2000, it is recommended Council refuse the development application, as insufficient information was provided to allow proper consideration of the matters listed in Section 79c of the Environmental Planning and Assessment Act 1979.

Without the requested information, Council cannot be satisfied that the development is consistent with:

i Objectives of the zone;

ii Clause 5.5 of the Nambucca LEP 2010 (Development within the Coastal Zone) (which indicates consent must not be granted for development in the coastal zone unless Council is satisfied the proposed development will not be significantly impacted by coastal processes);

iii The provisions of SEPP 71 (Coastal Protection) and the NSW Coastal Policy;

iv Council DCP Part A5.5 Geotechnical Constraints; and

v Council DCP Part F1.3.4 Buffer to Sensitive Environmental Receptors

vi Section 79C(1)(b) of the EP&A Act, the potential impacts on the natural and built environments have not been demonstrated and could present unacceptable increase in risk to property.

vii Section 79C(1)(c), the suitability of the site to allow a potential increase in development density has been inadequately demonstrated.

viii Section 79C(1)(d) of the EP&A Act, it is considered the submissions received raised relevant concerns that have not been adequately addressed.

ix Section 79C(1)(e) of the EP&A Act, the proposed development has inadequately addressed impacts to the public interest. The development will potentially increase Council liability in respect to the management of the Council reserve and future protection of additional dwellings in the area. It may also impact on the character of Deep Creek area as viewed from public spaces.

2 Pursuant to the Section 55 of the EP&A Act, Council prepare a Planning Proposal to support the following amendment.

i The minimum lot size map at 125 Ocean View Drive Valla Beach (Lot 8 DP1031509) be amended from 450sqm to 40Ha a minimum lot size.

ii The Planning Proposal and associated material be submitted to the Minister for Planning for consideration under Section 56 of the EP&A Act.

For the motion: Councillors Flack, Smyth, Ballangarry (Total 3 )

Against the motion: Councillors Morrison, Ainsworth, Finlayson, South and Hoban (Total 5)

218/14 Resolved: (Finlayson/Morrison)

1 That Council inform the applicant that Council is satisfied with all aspects of the application for it to be approved other than the submission of a geotechnical report and that the matter be deferred.

2 That the applicant be advised that if approved, Council would impose a covenant to stipulate a on the height limit to 5 metres.

For the motion: Councillors Morrison, Ainsworth, Finlayson, South and Hoban (Total 5)

Against the motion: Councillors Flack, Smyth, Ballangarry (Total 3 )

ITEM 11.4 DA2011/071 240414 Review of a request for the reduction of fees - Nambucca Valley Care and Autumn Lodge footpath occupation

219/14 RESOLVED: (Ainsworth/Finlayson)

1 That Council acknowledge a request from Nambucca Valley Care for a reduction in the fee charged for footpath occupation for works at Autumn Lodge extending into the road reserve and advise that Council will charge a reduced fee of $3,400.00 being one quarter of the original fee and will refund the difference paid for the occupation of the footpath being $10,137.00.

2 That Council refund the amount of $10,137.00 to Nambucca Valley Care being three quarters of the fee paid for the footpath occupation at Autumn Lodge for works extending into the road reserve.

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.

The meeting adjourned at 7.53 pm.

The meeting resumed at 8.12 pm.

General Manager Report

ITEM 9.1 SF959 240414 Outstanding Actions and Reports

220/14 RESOLVED: (Flack/Finlayson)

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

ITEM 9.2 SF1031 240414 Change to Code of Meeting Practice

221/14 RESOLVED: (MacDonald/Smyth)

That Council adopt the changes to its Code of Meeting Practice as shown in the attached draft code of meeting practice and change the word “being” to “commencing” on page 30.

ITEM 9.3 SF203 240414 2012-13 NSW Water Supply and Sewerage Performance Monitoring Report

222/14 RESOLVED: (Ainsworth/MacDonald)

That Council note the release of the 2012/2013 NSW Water Supply and Sewerage Performance Monitoring Report.

ITEM 9.4 SF309 240414 Transfer of Ownership of the Bowraville Folk Museum from Council to the Bowraville Folk Museum Inc.

223/14 RESOLVED: (Finlayson/Flack)

1 That Council transfer ownership of the Bowraville Folk Museum to the Bowraville Folk Museum Inc. with legal agreement/s to incorporate the following:

i Council to pay all the legal costs, stamp duty, GST etc associated with the transfer of ownership

ii Council to pay a “one off” $5,000 for annual fixed charges for water and sewerage

iii Council to pay $22,000 (excluding GST) for building repairs

iv That Council have the first option to take the property back for its transfer price ($0) in the event that the Bowraville Folk Museum Inc. is wound up or seeks to transfer the property.

2 That Council’s seal be affixed to the legal documents as required.

3 That Council continue with its assistance to the Museum through its Grants Officer and other programs.

ITEM 9.5 PRF28 240414 Gordon Park Flying Fox - Extraordinary Meeting of the Gordon Park Rainforest Committee of Management - Outstanding Report on Signage

224/14 RESOLVED: (Finlayson/MacDonald)

That Council:

1 Close the entrances on the lower side to the Gordon Park rainforest with appropriate barrier fencing or the like and appropriate signage, as recommended by the Gordon Park Rainforest Committee of Management and Council’s insurer.

2 Issue a media statement advising of its actions and incorporating the concerns expressed by the Committee’s Work’s Coordinator, Mr John Tait.

3 Provide information on its website, including links to relevant State Government webpages which explain the legal status of the flying fox and the options which are available to people affected by flying fox camps.

Item 9.6 was dealt with under Delegations.

Item 9.7 was dealt with under Delegations.

ITEM 9.8 SF97 240414 Review of Alcohol Free Zone at Visitor Information Centre and Surrounds Nambucca Heads

225/14 RESOLVED: (Flack/Smyth)

That Council establishes an Alcohol Free Zone under Section 644 of the Local Government Act in the area surrounding the Nambucca Shire Visitor Information Centre described as follows; Riverside Drive west of its intersection with Woodbell Street to the Pacific Highway; the Pacific Highway Underpass at Bellwood Creek; west and then south-west of the Visitor Information Centre through the foreshore road reserves known as Quota and Brotherhood Parks.

ITEM 9.9 SF1759 240414 Nambucca Shire Libraries – Progress Report

226/14 RESOLVED: (Flack/Smyth)

That the Council receive and note this progress report for the Nambucca Shire Council Libraries.

ITEM 9.10 SF1947 240414 Outstanding DA's greater than 12 months, applications where submissions received not determined from 15 March to 11 April 2014

227/14 RESOLVED: (Ainsworth/MacDonald)

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

Assistant General Manager Corporate Services Report

ITEM 10.1 SF1875 240414 Investment Report To 31 March 2014

228/14 RESOLVED: (MacDonald/South)

That the Accountants’ Report on Investments placed to 31 March 2014 be noted.

ITEM 10.2 SF251 240414 Schedule of Council Public Meetings

229/14 RESOLVED: (Flack/Ballangarry)

That the schedule of dates for public Council meetings be noted and received for information by Council.

ITEM 10.3 SF1031 240414 Adoption of Draft Policy - Rates Hardship

230/14 RESOLVED: (Ainsworth/Finlayson)

That Council adopts the amended Draft Rates Hardship Policy.

ITEM 10.4 SF544 240414 Developer Contributions Report - Community Needs Study and Change to Works Schedule

231/14 RESOLVED: (Finlayson/Flack)

1 That Council approve the use of a consultant to conduct the community facilities and public open space needs study.

2 That Council approve the change to the works schedule in the current Surf Lifesaving Contribution Plan to enable the Nambucca Heads Surf Lifesaving Club to purchase an inflatable rescue boat (IRB) and motor instead of an All Terrain Vehicle (ATV).

3 The General Manager in consultation with the Grants and Contributions Officer and Manager Financial Services be provided with delegated authority to appoint a consultant from submissions received in response to a call for expressions of interest.

Assistant General Manager Engineering Services Report

Item 11.1 was dealt with under Delegations.

Cr McDonald left the meeting for this Item.

ITEM 11.2 SF844 240414 Nambucca District Water Supply Steering Committee Meeting - 2 April 2014

232/14 RESOLVED: (Finlayson/South)

That the minutes of the record of discussion held on 2 April 2014 in lieu of the formal Steering Committee Meeting be received and noted by Council.

ITEM 11.3 SF1621 240414 Terms of Reference for the Off River Storage River Monitoring Committee

233/14 RESOLVED: (Finlayson/Flack)

That Council adopt the Terms of Reference for the Off River Storage River Monitoring Committee replacing the words “including the continuation” with “and” in Section One - Aims.

Item 11.4 moved forward for discussion.

ITEM 11.5 SF1208 240414 Naming of Causeway - Sundowner Road Bakers Creek

234/14 RESOLVED: (Finlayson/South)

That Council not accede to the request to name the causeway on Sundowner Road “Matildas Causeway” after the property owners’ horse and take no action in naming causeways or floodways on the local road network.

ITEM 11.6 SF90 240414 Nambucca Shire Traffic Committee Meeting Minutes - 1 April 2014

235/14 RESOLVED: (Ainsworth/South)

That Council:

1 Receive and note the minutes of the Nambucca Shire Traffic Committee held on the 1 April 2014.

2 Note the installation of a pedestrian crossing on Riverside Drive would create a greater hazard for pedestrians than the existing pedestrian refuge arrangement.

3 Replace the existing pedestrian refuge on Riverside Drive with a fully compliant refuge in accordance with the Roads and Maritime Services standards, subject to receipt of an RMS grant for 50% of the value of the works.

4 Advise Macksville Neighbourhood Watch Committee that the NSW default speed limit for urban roads is 50km/h and can only be reduced in High Pedestrian areas such as shopping precincts and at certain times around schools.

5 Install advanced warning signage and repeater signs on Old Coast Road Nambucca Heads near Link Road to reinforce awareness of the 60km/h speed limit.

6 Approve the request from the Uniting Care for a Left Turn Only traffic movement from Village Lane into Lee Street, Nambucca Heads.

ITEM 11.7 T012/2013 240414 T012/2013 Tender for Construction of Landslip Remediation Lower Parkes Street Nambucca Heads

236/14 RESOLVED: (Ainsworth/MacDonald)

1 That Council accept the quotation for T012/2013 Construction of Landslip Remediation, Lower Parkes Street, Nambucca Heads from Sporting Services(Const.) Pty Ltd t/as Pan Civil.

2 That Council acknowledge a potential variation to the works may be evident due to latent conditions on the project site that will not become evident until work commences and the vegetation is cleared from the site, noting that approval for further works will not be granted unless the variation is verified by Councils consulting geotechnical engineer.

3 That Council update the Contract Register.

4 That the Mayor and General Manager be authorised to approve the variation if it is required.

5 Council defer the funding from the current 2013/14 budget allocation of $85,000.00 for Lower Parks Street and place the $85,000.00 into a reserve to complete the project mid to late July 2014 at the completion of the landslip remediation under the 2014/15 budget.

For the motion: Councillors Hoban, Finlayson, Ainsworth, MacDonald, South, Morrison, Ballangarry, Flack and Smyth (Total 9)

Against the motion: Nil (Total 0)

ITEM 11.8 SF853 240414 Salvinia Molesta Infestation - Swimming Creek, Nambucca Heads

237/14 Motion: (Ainsworth/Finlayson)

That Council approve the use of registered herbicides on the Salvinia Molesta infestation in Swimming Creek, following appropriate consultation, preparation of a media release and correct pesticide notification procedures, as outlined within this report.

amendment: (Flack/Smyth)

That the matter be deferred to the next Council meeting so as to provide the opportunity to investigate biological control or mechanical opening of Swimming Creek to salt water.

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

238/14 Resolved: (Flack/Smyth)

That the matter be deferred to the next Council meeting so as to provide the opportunity to investigate biological control or mechanical opening of Swimming Creek to salt water.

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

239/14 RESOLVED: (Ainsworth/MacDonald)

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.

240/14 Resolved: (Flack/Ainsworth)

That Council note and receive the information for the following Confidential reports:

ITEM 12.1 SF1931 240414 DA2013/129 Proposed Two(2) Lot Subdivision Lot 8 DP1031509 - 125 Ocean View Drive, Valla Beach;

ITEM 12.2 DA2001/096 240414 Modification of Consent - Valla Quarry - DA 2001/096;

ITEM 12.3 SF1931 240414 T012/2013 Tender for Construction of Landslip Remediation Lower Parkes Street Nambucca Heads.

CLOSURE

There being no further business the Mayor then closed the meeting the time being 9.30 pm.

Confirmed and signed by the Mayor on 8 May 2014.

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)