Minutes Confid Minutes Confid

Ordinary Council Meeting
Meeting Date: 28/07/2010 - Ordinary Council Meeting

MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON 28/07/10.

PRESENT:

Garry Payne AM (Administrator)
Andrew Roach (General Manager)
Jeffery Sharp (Director of Infrastructure Services)
Tony Leahy (Director of Corporate & Business Services)
Matt Rogers (Director of Development & Environment Services)
Jaclyne Fisher (Acting Director of Community & Cultural Development)
Neil Porter (Manager Governance & Executive Services)
Terry Sara (Communications Manager)
Bronwyn Lyon (Governance Support Officer)
Harvey Walsh (Co-ordinator, Urban Growth Management Strategy)
Cliff Toms (Manager Technical Services)


ORDINARY COUNCIL MEETING

01 ACKNOWLEDGEMENT OF COUNTRY

The Administrator opened the Meeting at 5.30 pm with an Acknowledgement of Country and welcomed all in attendance in the Chamber and on the Internet.

02 LOCAL GOVERNMENT PRAYER

Captain Brett Gallagher from the Salvation Army, delivered the Local Government Prayer.

03 CONFIRMATION OF MINUTES

ADOPTED:

That the Minutes of the Ordinary Council Meeting held on 23 June 2010 and the Minutes of the Extra-Ordinary Council Meeting held on 12 July 2010 be confirmed.

04 DISCLOSURES OF INTEREST

There were no disclosures of interest presented.

05 CONFIDENTIAL CORRESPONDENCE TO ORDINARY COUNCIL MEETING

ADOPTED:

That Council determine that the Attachment to Item Nos. 13, 21 and 23 be considered as confidential, in accordance with Section 11(3) of the Local Government Act, for the reason listed in the report.

06 PUBLIC FORUM

There were no requests to address the Public Forum.

15 RIVER STREET CYCLEWAY - WAUCHOPE

The Administrator advised of a request to address Council from:

Mark Livermore (O)

Mr Livermore advised that he represented the residents of River Street and was speaking against the recommendation. Mr Livermore tabled a written submission and referred to that submission in his address. Mr Livermore referred to the disappointment felt by local residents with the report and the lack of consultation in the preparation of this report. He advised that Council, using the Wauchope Framework Plan, had an opportunity to create something special along the river for all to use, however the final result would be disjointed and lacked cohesion. He advised that the community was divided as to the value of the structure and whilst there was no criticism of the quality of work that Council had provided, it was the location of the boardwalk and lack of consultation that had raised the community's concerns. Mr Livermore requested that Council defer any further action on the boardwalk/cycleway until consultation take place on ways to reduce the visual impact of the structure and its inclusion into the future improvements to River Street.

ADOPTED:

1. That Council conduct a community engagement process to define the community support to either relocate the boardwalk at an approximate cost of $100K, or continue construction on its current alignment. The community engagement process should gauge whether the community is supportive of the relocation given that the impact would be on other projects either not proceeding or being deferred.

2. That the parking and traffic flow investigation be undertaken by Council as part of its future planned investigations in the Council adopted Wauchope Framework Plan.

26 DRAFT PMH (AREA 14 - 1A) LOCAL ENVIRONMENTAL PLAN 2010

The Director of Development & Environment Services tabled a replacement map for Height of Buildings.


The Administrator advised of requests to address Council from:

Russell Salt (S)
Alan Pretty (O)

Mr Russell Salt advised that he was speaking in favour of the recommendation and requested that a property owned by him be included in the land to be rezoned as residential as his land adjoined land currently zoned as residential, his property had access to a sealed road and utilities..

Mr Pretty advised that he was speaking on behalf of residents of the Cowarra Estate and whilst they were not completely opposed to the recommendation, they were seeking a better outcome. Mr Pretty outlined what the residents saw as significant flaws in the draft LEP and cited, resident safety/fire risk, flooding, land size, lot layout, habitat damage, traffic and pedestrian safety and other infrastructure that did not compliment Cowarra Park. Mr Pretty requested that Council defer the application and undertake more consultation with the residents of Cowarra Estate and the proponent.

ADOPTED:

1. That Council submit the draft Port Macquarie-Hastings (Area 14-1A) Local Environmental Plan 2010, the Local Environmental Study and the related Master Plan to the Department of Planning to seek written authorisation pursuant to section 65(1) of the Environmental Planning and Assessment Act 1979 to place the draft LEP and supporting documentation on public exhibition in accordance with section 66 of the Act;

2. That the General Manager be delegated authority to make any amendments to the draft Local Environmental Plan that may be required by the Department of Planning to enable the public exhibition to proceed;


3. That the draft Voluntary Planning Agreement be placed on concurrent public exhibition with draft Port Macquarie-Hastings (Area 14-1A) Local Environmental Plan 2010.

4. That Council authorise the preparation and exhibition of an amendment to the Port Macquarie-Hastings Development Control Plan 2006 to include development provisions for the Area 14 - 1A precinct.

28 S82A DA 2009/194 - LOTS 34 & 35 1106019, 150-152 GREENMEADOWS DRIVE, PORT MACQUARIE SECTION 82A REVIEW PROPOSAL - STAGED DEMOLITION OF GENERAL STORE, CONSTRUCTION OF MCDONALDS RESTAURANT WITH DRIVE-THROUGH AND BOUNDARY ADJUSTMENT SUBDIVISION BETWEEN TWO (2) EXISTING LOTS

The Administrator advised of requests to address Council from:

Karen Tonkin (S)
Mike Svikis (O)
Stewart Tonkin (S)
Jacqui Jones (O)

Ms Tonkin spoke in favour of the recommendation and emphasised the impact that the proposed development would have on the residential properties neighbouring the site if the application was successful. Ms Tonkin referred to a visual display during her address.

Mr Svikis advised that he was a Town Planner with GHD and was representing the applicant, McDonalds Australia. Mr Svikis advised that following the first refusal of the application, that the applicant had made changes to the proposal to address the grounds for refusal. Now, with the second application, Council has introduced two new issues.Mr Svikis was also critical of the time taken by Council to process the two applications. On the first ground for refusal, Amenity of the Area, Mr Svikis cited that the land currently contains a shop, petrol pumps and two car parks. There is presently substantial traffic movement around the site including petrol tankers.In relation to the second ground for refusal, Mr Svikis questioned whether the plan was really imminent and considered that the savings provision in the planning instrument would enable Council to deal with the application.

Mr Tonkin advised that he spoke in favour of the recommendation for refusal of the application. He cited the size and scale of the development as being incompatible with the existing planning instrument. He spoke of the impact of the operating hours, traffic movements, stand alone facilities (Mc McDonalds and McCafe), playground and party facility would have on the residents and school. Mr Tonkin also referred to a letter that local member Mr Peter Besseling had received from the Planning Minister that mentioned that any such application must make residents a priority.

Mrs Jones advised that she was opposed to the recommendation and that she was the local owner/licensee of the McDonalds restaurants in Port Macquarie. Mrs Jones advised that the Bay Street restaurant had exceeded its trading peaks in holiday time and that McDonalds requires a new site to cater for residents and visitors now and into the future. Population growth figures supported the need for another restaurant and indicated that the proposed restaurant would create 150 full-time and casual jobs and provide $750k annual injection into the local economy. The new store would provide young people with excellent skills and customer service training. Local suppliers would also benefit from purchases as would local schools, sporting and community groups who receive an annual allocation from the Port Macquarie McDonalds restaurants.

ADOPTED:

That the request for review pursuant to Section 82A of the Environmental Planning and Assessment Act 1979 of the determination of DA 2009/194 for Staged Demolition of General Store, Construction of McDonalds Restaurant with Drive-Through and Boundary Adjustment Subdivision Between Two(2) Existing Lots at Lots 34 and 35, DP 1106019, 150-152 Greenmeadows Drive, Port Macquarie, be determined by refusing consent for the following reasons:

1. The proposal will have significant adverse physical, visual and amenity impacts within the existing locality and is incompatible with the current and desired future character of the locality (Section 79C(1)(b)(c)).

2. The proposal will be inconsistent with Draft Port Macquarie-Hastings Local Environmental Plan 2010 (Section 79C(1)(a)(ii)).

07 ADMINISTRATOR'S MINUTES

There were no Administrator's Minutes.

08 SALE OF COUNCIL LAND - GRANT STREET, PORT MACQUARIE (07837-07838)

ADOPTED:

1. That the sale of Council's land at 38-40 Grant Street, Port Macquarie be negotiated in accordance with a sale price determined in a report provided by Council's consultant valuer.

2. That Council sign and seal the Contract of Sale and Transfer documents as required.

3. That the sale of this land be conditional upon Development Approval being obtained by the purchaser.

09 SALE OF FORMER ROAD RESERVE - LOT 2 DP 844127 GORDON STREET, PORT MACQUARIE (28285)

ADOPTED:

1. That Council negotiate the sale of Lot 2 DP 844127 at a market value set by valuation for rating purposes to the owner of the adjoining property at 44 Gordon Street, Port Macquarie.

2. That the sale be subject to the purchaser consolidating the Title to Lot 2 DP 844127 with the adjoining property situated at 44 Gordon Street, Port Macquarie and meeting the costs of this consolidation.

3. That the plan of consolidation plus Contract of Sale and Transfer documents be signed and sealed by Council as required.

11 REMONDIS ORGANICS RESOURCE RECOVERY FACILITY - SHORT TERM MANAGEMENT CONTRACT

ADOPTED:

That Council enter into negotiations with Remondis for a short term contract to operate the Cairncross ORRF, excluding the mixed solid waste stream, for the period October 2011 - 30 June 2013.

12 ROAD CLOSURE - PART UNFORMED SECTION OF WALTERS ROAD AT SANCROX

ADOPTED:

That the resolutions of Council made at its meeting of 4 October 2005 being:

"1. That application be made to the Department of Lands for the closure of that part of Walters Road, Sancrox as depicted in the plan included with this report.

2. That if the closure is approved by the Department of Lands, the land be sold to the owner of Lots 664 DP724688, Lot 174 DP754434 and Lot 4 DP792413 at an amount as assessed by valuation conducted by the State Valuation Office. The date of valuation shall be the date at which a Notice of Road Closure is published in the NSW Government Gazette.

3. That all costs in this matter be born by the owners of the land described in point 2 above.

4. That prior to publication of a notice of Road Closure in the New South Wales Government Gazette, the applicants shall register with Land and Property Information a plan of subdivision having the effect of consolidating lots owned by the applicant so as to ensure no land locked lot shall exist following publication of the Notice of Road Closure.

5. That the Common Seal of Council be affixed to:
a) Linen Plan of Road Closure
b) Land and Property information application for Certificate of Title form
c) Land and Property information Transfer form."

be rescinded.

13 WAYNE RICHARDS PARK AFL FIELD FLOOD LIGHTING (11204)

ADOPTED:

1. That Council accept the tender from Musco Lighting Australia P/L for $229,000 (excl GST) for the supply, delivery, installation & commissioning of floodlighting at Wayne Richards Park, Koala St. Port Macquarie .

2. That approval be given for the execution of the necessary documents under Council Seal .

22 INVESTMENTS - JUNE 2010

ADOPTED:

That the report be received and noted.

25 FUNDING OFFERS FOR NATURAL RESOURCE MANAGEMENT

ADOPTED:

That Council accept the grant offers of $64,000 from the Northern Rivers Catchment Management Authority and $16,193 from Wetland Care Australia and that the 2010/2011 budget be amended to reflect the grants.

27 DRAFT URBAN GROWTH MANAGEMENT STRATEGY FOR PUBLIC EXHIBITION

ADOPTED:

That Council exhibit the draft Urban Growth Management Strategy for a period of 6 weeks, as described in this report.

THE FOLLOWING ITEMS WERE ADOPTED IN A BLOCK RESOLUTIION:

10 REPLACEMENT OF LAND FILL COMPACTOR

ADOPTED:

1. That Council accept the offer from GCM Environmental P/L to replace Council’s existing Tana G500 landfill compactor with a reconditioned Tana G400 machine, as outlined in the report, for a changeover cost of $200,000.

2. That Council note that as per Section 55(3) of the Local Government Act 1993, no formal tender has been entered into for the replacement of the Tana G500 landfill compactor due to the limited market of appropriate second hand equipment of this nature.

14 WAUCHOPE CBD ROAD BYPASS

ADOPTED:

1. That the detailed designs and environmental assesments for the Wauchope CBD optional road bypass be adopted in principal and finalised for construction;

2. Scheduling of the construction works be reviewed as part of Councils 2011/12 Corporate Planning - Transport Works Program and;

3. The $176,237 revenue and section 94 funding component of the 2009/10 budget be carried over to 2010/11 to complete the pre-construction activities.

16 TENDER FOR IT EQUIPMENT

ADOPTED:

That Council accept the panel contract REGPO010809 for supply of IT equipment.

17 STATUS OF OUTSTANDING REPORTS TO COUNCIL

ADOPTED:

That the report be received and noted.

18 DESIGNATED PERSONS

ADOPTED:

That Council determine that the positions of Manager Glasshouse currently held by Joseph Conneely, Development Contributions Co-orinator currently held by Vanessa Penfold and Development Engineer currently held by David Troemel, become Designated Persons pursuant to the provisions of Section 441 of the Local Government Act 1993.

19 RECOGNITION OF COMPLIMENTS TO COUNCIL STAFF

ADOPTED:

That the information be noted and Council's appreciation of the staff performance and efforts be recorded with thanks.

20 COMPLAINTS HANDLING REPORT

ADOPTED:

That the report be received.

21 TENDER FOR THE SUPPLY & DELIVERY OF LANDSCAPE SUPPLIES

ADOPTED:

1. That Council accept the tenders from Grow Lush Landscape Supplies and Hastings Valley Landscapes and appoint them to a panel of suppliers for the supply & delivery of landscape supplies for the period 1 August 2010 to 31 July 2012, with a further 12 month option available.

2. That approval be given for the execution of the necessary documents under Council Seal.

23 TENDER T-10-07 FOR THE SUPPLY & DELIVERY OF PIPES & ASSOCIATED FITTINGS

ADOPTED:

1. That Council accept the tenders from the following suppliers and that they be appointed to a panel of suppliers for the supply & delivery of pipes & associated fittings

- Iplex Pipelines
- Vinidex Pty Ltd
- Tyco Water Pty Ltd

from 1 August 2010 to 31 July 2012, with a further 12 month option available.

2. That approval be given for the execution of the necessary documents under Council seal.

24 MEDIA RELATIONS POLICY

ADOPTED:

1. That Council adopt the Media Relations Policy and remove the existing Media Statement - Persons Authorised Policy from the policy register.

2. That both policies be advertised for public comment and should there be no submissions from the community, then the Policy Register be updated accordingly.

29 DA 2007/0086 - LOTS 23 AND 24, DP 248284 AND LOTS 64 AND 65, DP 250978, AND CROWN ROAD, KING CREEK ROAD, KING CREEKRURAL RESIDENTIAL SUBDIVISION (4 LOTS INTO 37), INCLUDING OBJECTION UNDER PROVISIONS OF THE STATE ENVIRONMENTAL PLANNING POLICY NO. 1 TO CLAUSE 15(A) OF THE HASTINGS LOCAL ENVIRONMENTAL PLAN 2001 AND DRAFT VOLUNTARY PLANNING AGREEMENT

ADOPTED:

1. That DA 2007-0086 for a rural-residential subdivision of four (4) lots into 37 lots, including a SEPP 1 objection to Clause 15(a) of the Hastings Local Environmental Plan 2001 and draft Voluntary Planning Agreement, at Lots 23 and 23, DP 248284 and Lots 64 and 64, DP 250978 and Crown Road, King Creek Road, King Creek, be determined by granting consent subject to the recommended conditions.

2. That the Voluntary Planning Agreements addressing intersection road works in the location of the existing intersection between the Crown public road (located between Lot 22 and Lot 23 DP 248284) and King Creek Road be endorsed by Council and that the General Manager be delegated authority to sign the agreements.

30 RECOMMENDED ITEMS TO COUNCIL FROM PMH FUTURES DEVELOPMENT BOARD 10/06/10 - HIGHER EDUCATION INDUSTRY PLAN

ADOPTED:

That Council adopt the Hastings Higher Education Industry Plan and thus the Federal Government’s targets of 40% of 25 – 35 year old residents having a Bachelor Degree or higher by 2025.

SOCIAL

GOVERNANCE

ENVIRONMENT


ECONOMIC





This concluded the business and the meeting closed at 6.33pm.





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Garry Payne AM
Administrator