NAMBUCCA SHIRE COUNCIL

 

Special Meeting of Ordinary Council

 

MINUTES OF THE Special Meeting of Ordinary Council HELD ON 27 August 2008

 

PRESENT

 

Cr George Hicks (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Barry Duffus

Cr Paula Flack

Cr Rhonda Hoban

Cr Mike Moran OAM

Cr Chris Waller

Cr Sue Nash

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Bruce Redman (Director Engineering Services)

Greg Meyers (Director Environment & Planning)

 

 

 

APOLOGY

 

Cr Duffus was an apology for Items 9.1, 9.2  and 12.3 as he attended a funeral, returning at 12 noon.

 

 

Special Meeting of Ordinary Council

 

SUBJECT:   DISCLOSURE OF INTEREST

 

Councillor PF Flack declared a pecuniary interest in the Notice of Motion Item 5.1 Withdrawal of Mobile Breast Screening Services from the Nambucca Valley under the Local Government Act as she is employed by the North Coast Area Health Service and left the Chambers for this item.

 

 

 

 


NOTICE OF MOTION – CR Hicks

Councillor Paula Flack left the meeting at 11.20 am

Councillor Paul Flack returned to the meeting at 11.25 am.

 

ITEM 5.1      SF793                270808      Notice of Motion - Withdrawal of Mobile Breast Screening Services from the Nambucca Valley

652/08 RESOLVED:         (Hicks/Ainsworth)

 

That Council note Mr Crawford’s response but advise him that in Council’s view the mobile van based service is the best means of ensuring that women in the target age group undertake the recommended screening.  Further, that if the service is not reinstated, the Area Health Service should undertake a full evaluation of its withdrawal after 12 months.

 

 

  

DELEGATIONS

Resolved: (Duffus/Moran)

 

That the following delegations be heard:

 

          (i)       Mrs Margaret Mottley on behalf of Bowraville Recreation Club

Mrs Mottley read out the attachment in the business paper.

 

DELEGATIONS continued

 

ITEM 9.4      LF3980               270808      Bowraville Recreation Club Co-operative Limited - Request to Waive Loan Balance and Lift Caveat on Title

653/08 RESOLVED:         (Ainsworth/Hoban)

 

1        That Council approve the withdrawal of the caveat.

 

2        That Council waive the payment of the loan balance on the understanding that Council will        not be providing the Club with any further financial assistance.

 

3        That the Club be advised that Council is not in a financial position such as to be able to offer      assistance with the resealing of the access road and car park.

 

 

General Manager Report

ITEM 9.1      SF820                270808      Quarterly Review - Performance Targets Achievements to 30 June 2008

654/08 RESOLVED:         (Moran/Ainsworth)

 

1        That Council note the extent to which the Performance Targets have been achieved for the quarter to 30 June 2008.

 

655/08 RESOLved:         (Hoban/Ainsworth)

 

2        That Council write to the Rural Fire Service at the local level, indicating to them that Council prefers there be a requirement to maintain all fire trails throughout the area.  Further, that the new Councillor representative on the Committee be briefed on this issue.

 

656/08 Resolved:         (Flack/Moran)

 

3        That Council write to the Rural Fire Service and request the minutes of meetings for the past twelve months be forwarded to Council so that it may brief the new Councillor representative who will sit on the Committee.

 

 

ITEM 9.2      SF394                270808      Report on Investments to 31 July 2008

657/08 RESOLVED:         (Moran/Ainsworth)

 

That with the windup of the Blackrock Diversified Credit fund, that Council redeem its investment.

 

 

 


 


ITEM 9.3      SF42                  270808      Changes to Local Government Act - Register of Donations and Expenditure Declarations - Recording which Councillors Vote For and Against Each Planning Decision

658/08 RESOLVED:         (Flack/Ballangarry)

 

1        That the information concerning the changes to the Local Government Act being the register      of donations and expenditure declarations and the recording of planning decisions be        received.

 

2        That Council note the intention to create a link from Council’s website to the Election        Funding Authority website to satisfy the requirements of Part 8A of the Local Government Act.

 

3        That the proposed procedure for taking a division being those supporting a motion being asked to stand with the Mayor then calling the names of those standing as supporting the     motion and those sitting as opposing the motion be noted.

 

4        That Council note the intention to create the register for Council’s planning decisions as a          file on the Trim electronic document management system.

 

5        That Council note that its business paper software provider, InfoCouncil will be requested to       consider providing a register of planning decisions on Council’s website.

 

 

 


Item 9.4 was dealt with under Delegations.

 

 

 

 


ITEM 9.5      SF1090              270808      Promoting Better Practice Program Report

659/08 RESOLVED:         (Flack/Hoban)

 

That the final review report on Council’s operations under the Promoting Better Practice Program be tabled and accepted.

 

 

 


ITEM 9.6      SF112                270808      Christmas Holidays Closure

660/08 RESOLVED:         (Hoban/Nash)

 

1        That Council close the Administration Centre on Monday 29 December 2008; Tuesday 30    December 2008; Wednesday 31 December 2008 and Friday 2 January 2009, noting that    emergency services will be on call in regard to water, sewer, rural fire service, dog control etc.

 

2        That Council conduct only one Ordinary Meeting of Council in January, being Thursday     15 January 2009 as well as the Works Inspection Committee Meeting on Wednesday   14 January 2009.

 

 

 


Director Environment and Planning Report

ITEM 10.1    SF1031              270808      Final Report on review of Council's Policies - Environment Planning Department

661/08 RESOLVED:         (Flack/Nash)

 

1          That Council delete the following policies and deal with the policies to be reviewed separately.

 

Policies to be deleted:

 

¨          Contaminated Land Management

¨          Contaminated Land Guidelines

¨          Storage of Vehicles – Associated with owner’s occupation (commercial/industrial occupation)

¨          Environmental Education – Ecologically Sustainable Development

¨          Local Approvals Policy

 

662/08 Resolved:         (Hoban/Flack)

 

2          That Council defer the review of the following policies to the new Council.

 

Policies that have been reviewed/modified:

 

¨          Contaminated Land Section 149(2) Zoning Certificates Wording

¨          Contaminated Land Management and Guidelines

¨          Ecologically Sustainable Development

¨          Rural and Residential Land Activities

¨          Rural Dwellings Illegal

¨          Threatened Species Legislation and Impact on Development Applications

¨          Companion Animals – Control of Cats and Dogs

 

 

ITEM 10.2    SF691                270808      Development Applications Determined Under Delegated Authority from 9 July 2008 to 20 August 2008

663/08 RESOLVED:         (Moran/Hoban)

 

That Council note for information the Notices of Determination and Certificates granted under delegation by the Director Environment and Planning to 20 August 2008.

 

 

 

 


ITEM 10.3    SF691                270808      Outstanding Development Applications more than 12 Months, Applications where submissions have been received and not determined

664/08 RESOLVED:         (Hoban/Nash)

 

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

 

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

 

3          That Council determine if any of the applications where submissions have been received, are to be “called in” and presented to a future meeting of Council.

 

 

 

 


ITEM 10.4    SF87                  270808      Report on Australian Institute of Building Surveyors - NSW State Conference - Sydney 4-5 August 2008

665/08 RESOLVED:         (Flack/Hoban)

 

That Council note the report on the NSW State AIBS Conference.

 

 

 

 


ITEM 10.5    SF691                270808      Development Application Statistics with Comparable Figures for all Developments for 2007/2008 and Comparable Years from 2003-2007

666/08 RESOLVED:         (Hoban/Moran)

 

1          That Council note development application statistics and processing times for the years 2003 to 2008.

 

2          That Council note the statistical breakdown of development applications for the financial year 1 July 2007-30 June 2008.

 

 

 


Director Engineering Services Report

ITEM 11.1    DA2007/800        270808      DA2007/800 - Integrated Housing at 8 Pacey Street, Nambucca Heads

667/08 RESOLVED:         (Ainsworth/Hoban)

 

That Council include in the 2008/2009 budget $20,000 to construct half the road for the full length of 8 Pacey Street, Nambucca Heads, noting that the developer is to provide a footpath on the southern side of the road right to the intersection with Centenary Parade.

 

 

 


ITEM 11.2    DA2006/056        270808      DA2006/056 - Residential Submission, South Macksville

668/08 RESOLVED:         (Ainsworth/Hoban)

 

That subject to the determination of a modification application, the developer be allowed to stage the subdivision so as to exclude the Lots fronting Lloyd Street.

 

669/08 Resolved:         (Flack/Hoban)

 

That Council receive a report on the standard width for cycleways and its implications for Development Control Plan no 17.


 

ITEM 11.3    SF1031              270808      Policy Review - Public Gates and Motor Bypass (Grids)

670/08 RESOLVED:         (Hoban/Flack)

 

That consideration of the policy be deferred to after the election on 13 September 2008.

 

 

ITEM 11.4    RF436                270808      Works Depot Improvements

671/08 RESOLVED:         (Hoban/Flack)

 

That Council note that the “RainVault” system to be installed at the Works Depot is a storage and treatment unit.

 

Note:  Councillors Duffus and Moran requested that their votes be recorded as against this resolution.

 

 

 

 


ITEM 11.5    SF210                270808      Macksville Sewerage Treatment Plant - Effluent Reuse

672/08 RESOLVED:         (Flack/Ainsworth)

 

That the report be noted.

 

 

 


    

 

ASKING OF QUESTIONS WITHOUT NOTICE

 

There were no questions without notice.

 

 

 

 


COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

673/08 RESOLVED:         (Moran/Duffus)

 

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:

 

Note:  Councillors Flack, Nash and Ballangarry requested that their vote be recorded as against the resolution to go into Closed Meeting as they did not believe Council should be considering item 12.2—Proposed Major Project Corner Ridge and Liston Street, Nambucca Heads, whilst Council is in caretaker mode.

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    RF365              270808         Moores Road - Road Widening

 

AUTHOR/ENQUIRIES:     Bruce Redman, Director Engineering Services      

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.  

 

 

 


ITEM 12.2    SF1046            270808         Proposed Major Project Corner Ridge and Liston Street, Nambucca Heads

 

AUTHOR/ENQUIRIES:     Greg Meyers, Director Environment and Planning      

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.  

 

 


ITEM 12.3    DA2007/224      270808         Executive Products - v- Nambucca Shire Council and Others - Amended Application and Adjournment of Land and Environment Court Hearing

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager      

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) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.  

 

 


 

 

CLOSED MEETING

 

The Special Council Meeting IN CLOSED MEETING commenced at 10.30 am.

 

 

 


 

 


RESUME IN OPEN MEETING

674/08 RESOLVED:                  (Ainsworth/Moran)

 

That the Special Council Meeting resume in OPEN MEETING.

 

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

 


ITEM 12.2    SF1046              270808      Proposed Major Project Corner Ridge and Liston Street, Nambucca Heads

675/08 RESOLVED:         (Moran/Ainsworth)

 

1        That the Department of Planning be advised that the proposal generally conforms with Council’s Draft Urban Design Strategies and that as Council is in caretaker mode it is not in a position to provide an endorsement of the proposal, but would be pleased to provide further advice following the adoption of the Urban Design Strategy as an amendment to the relevant DCP.

 

2        That Council note that the development application is to be lodged with the Department of Planning.

 

Note:  Cr Flack requested that it be noted that she abstained from voting.

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

 

 


  

 

ITEM 12.1    RF365                270808      Moores Road - Road Widening

676/08 RESOLVED:         (Moran/Ainsworth)

 

That Council make payment to Mr L Byrnes of $7,442.20 being the cost of land purchase and associated legal fees for the road widening in DP 1123426, Moores Lane provided a Deed of Release is signed prior to payment.

 

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

 

 

 

 


ITEM 12.3    DA2007/224        270808      Executive Products - v- Nambucca Shire Council and Others - Amended Application and Adjournment of Land and Environment Court Hearing

Motion:      (Waller/Ainsworth)

 

That the General Manager, in consultation with the Mayor, be provided with delegated authority to negotiate and agree to consent orders in the matter of Executive Products –v- Nambucca Shire Council and Others.

 

Amendment:       (Flack/Nash)

 

That the General Manager, in consultation with the Mayor and Deputy Mayor, be provided with delegated authority to negotiate and agree to consent orders in the matter of Executive Products – v- Nambucca Shire Council and others.

 

The amendment was LOST.

 

677/08 RESOLVED:         (Waller/Ainsworth)

 

That the General Manager, in consultation with the Mayor, be provided with delegated authority to negotiate and agree to consent orders in the matter of Executive Products –v- Nambucca Shire Council and Others.

 

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

 

 

 

 

 

 

 

 


CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 12.35 pm. 

 

Confirmed and signed by the Mayor on 4 September 2008.

 

 

 

 

CR GEORGE HICKS

MAYOR

(CHAIRPERSON)