NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 03 April 2008

 

PRESENT

 

Cr George Hicks (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry

Cr Barry Duffus

Cr Mike Moran

Cr Rhonda Hoban

Cr Sue Nash

Cr Chris Waller

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Bruce Redman (Director Engineering Services)

Greg Meyers (Director Environment & Planning)

Monika Schuhmacher (Minute Secretary)

 

 

 

LEAVE

 

That Cr Flack was granted leave of absence in accordance with Section 234(d) of the Local Government 1993 for the period 1 April to 8 May 2008 inclusive.

 

 

PRAYER

 

Pastor Peter Lott from the Christian Life Centre offered a prayer on behalf of the Nambucca Minister's Association.

 

 

Ordinary Council Meeting

 

SUBJECT:   DISCLOSURE OF INTEREST

 

Councillor RH Hoban declared a non-pecuniary significant conflict of interest in Item 8.4 Genetically Manipulated (GM) Food Crops under the Local Government Act as she is involved in aspects of the horticulture industry where genetic modification is practised and took no part in debate or discussion relating to that item.

 

 

SUBJECT:   CONFIRMATION OF MINUTES - Confidential Meeting of Ordinary Council 20 March 2008

214/08 Resolved:         (Moran/Nash)

 

That the minutes of the Confidential Meeting of Ordinary Council of 20 March 2008.

 

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General Manager Report

ITEM 8.1      SF959                030408      Outstanding Actions and Reports

215/08 RESOLVED:         (Nash/Waller)

 

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

 

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ITEM 8.2      SF708                030408      Grant Application Status Report

216/08 RESOLVED:         (Moran/Duffus)

 

That the list of grant programs and their status be received.

 

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ITEM 8.3      SF296                030408      Nambucca Valley Visitor Information Centre--Statistics

217/08 Resolved:         (Duffus/Nash)

 

That Council note the statistical information provided by the Visitor Information Centre and that

the volunteers at the Visitor Information Centre be congratulated on managing the increase in visitor numbers..

 

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Cr Rhonda Hoban left the meeting, the time being 05:39 pm

ITEM 8.4      SF757                030408      Genetically Manipulated (GM) Crops and Foods

218/08 Resolved:         (Moran/Ainsworth)

 

That the correspondence from Gene Ethics be received.

 

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Councillor Rhonda Hoban returned to the meeting, the time being 05:43 pm

 

Director Environment and Planning Report

ITEM 9.1      SF1044              030408      Report to Council on Online Youth Survey - Results

219/08 RESOLVED:         (Moran/Ainsworth)

 

1          That Council note the findings of the online Youth Survey conducted in November 2007 and note that the results will be used to support applications for funding, planning programs and guiding activities as appropriate.

 

2          That Council note that the findings of the online Youth Survey will also be referred to the Community Services Committee for their information.

 

Resolved: (Hoban/Nash)

 

3        That the findings of both Community and Youth Surveys be formally considered in preparation of future management plans.

 

Resolved: (Hoban/Ainsworth)

 

4        That Council forward the findings of the Youth Survey to Andrew Stoner MP (State Member for Oxley) and advise of the high priority given to harassment.

Note:  Cr Duffus requested that his vote be recorded as against Resolution 2.

 

ITEM 9.2      SF433                030408      Scotts Head Caravan Park and Lease of Council Land Part Lot 104 DP 622709, Adin Street, Scotts Head

220/08 RESOLVED:         (Waller/Ainsworth)

 

That Council deal with one recommendation at a time.

 

That the following actions be undertaken to ensure that suitable outcomes are put in place to reduce the potential fire safety risks to occupants and their property within the Scotts Head Caravan & Camping Ground on part Lot 104, DP 622709 Adin Street Scotts Head:-

 

Resolved: (Ainsworth/Waller)

 

(a)      That a Consultant Fire Engineer inspect the site and prepare an options report on alternate        solutions to implement upgrades to the park or structures to provide adequate fire safety   measures to protect the life of occupants.

 

 

Resolved: (Waller/Duffus)

 

(b)      The Trust Manager be advised that Council is seeking further options and looking at          alternate solutions to overcome the fire safety issues at the park.

 

 

Resolved: (Duffus/Ainsworth)

 

(c)      That Terry Perkins, Solicitor, be advised of Council’s decision.

 

 

Resolved: (Duffus/Hoban)

 

(d)      That the Park and Trust Manager be notified the need to comply the Local Government     (Manufactured Homes, Caravan Parks, Camping Grounds and Moveable Dwellings)       Regulation 2005.

 

 

Resolved: (Duffus/Waller)

 

(e)      That any further improvements to Lot 104, DP 622709 under the lease agreement will require      a formal development application prior to undertaking any such works or improvements.

 

 

Resolved: (Duffus/Ainsworth)

 

(f)       That Council request that the Park Management notify all lessees of the current position with the fire safety issues within the park and that options are being looked at to reduce the public safety issue

 

Resolved: (Moran/Duffus)

 

That Council has nothing further to do with the rest of the public reserve at Scotts Head—ie maintenance of reserve area.

 

Note:  Cr Moran requested that his vote be recorded as against Resolution (a).

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ITEM 9.3      SF578                030408      Protection of the Environment Operations (Noise Control) Regulation 2008

221/08 RESOLVED:         (Nash/Waller)

 

The report be received and noted

 

Note:  Cr Duffus and Cr Moran requested that their votes be recorded as against this resolution because it represents further unfunded responsibilities for Council.

 

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ITEM 9.4      SF1075              030408      Provision of Link from Council's Website to Carbon Credit Calculator under the Envirosaver Program through Fieldforce Services

Resolved: (Hoban/Ainsworth)

 

1        That Council grant permission for a link to be provided on the Nambucca Shire Website to          the carbon calculator as proposed by Field Force Environmental for the issuing of   Greenhouse Friendly Certificates, once the carbon credit calculator is operational

 

 

Resolved: (Hoban/Duffus)

 

2        That Council refuse use of its logo.

 

 

Resolved: (Moran/Hoban)

 

3        That approval not be granted for any other private company seeking similar opportunity.

 

 

Resolved: (Ainsworth/Hoban)

 

4        That Council reserves the right to withdraw its approval for the Field Force website link.

 

 

Resolved: (Hoban/Ainsworth)

 

5        That approval be granted to any other private company seeking a link to Council’s website on the same conditions.

 

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Director Engineering Services Report

ITEM 10.1    SF616                030408      Country Energy Street Light Annual Report - Ending 30 June 2007

222/08 Resolved:         (Moran/Nash)

 

The Council note the Annual Street Light Report Ending 30 June 2007.

 

 

223/08 Resolved:         (Hoban/Duffus)

 

That Council write to Country Energy asking them to check on street and bridge lights operating during the day and that they report faults on their accounts.

 

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ITEM 10.2    SF450                030408      Waste Management - Various

224/08 Resolved:         (Ainsworth/Waller)

 

1        That Council not pursue the provision of kitchen bin liners because of the extra cost.

 

2        That Council note that the weekly red bin should not be introduced without the agreement of the three Councils and contract changes.

 

3        That Council note that the administration fee for contract administration of the waste collection and processing contracts will remain at $4.55 per household per year for 2008/2009.

 

 

Resolved: (Hoban/Moran)

 

4        That Council again write to Coffs Harbour City Council and advise that in order to be accountable Council will require a breakdown of the administration levy and education provision.

 

Note:  Cr Duffus and Cr Moran requested that their votes be recorded as against this resolution because no written reports have been provided.

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ITEM 10.3    SF734                030408      Nambucca Heads - Breakwall - Turning Area

225/08 RESOLVED:         (Waller/Duffus)

 

The Council apply for a grant to fund the work.

 

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ITEM 10.4    SF444                030408      Tree Maintenance

Motion:      (Moran/Duffus)

 

That Council note the removal of the six trees identified under the tree maintenance program.

 

Amendment:       (Hoban/Ainsworth)

 

That Council note the removal of the six trees identified under the tree maintenance program with the tree in Young Street to be pruned not felled and palm trees in Johnson Close be considered for removal after consultation with residents and the pre-school.

 

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

 

226/08 RESOLVED:         (Hoban/Ainsworth)

 

That Council note the removal of the six trees identified under the tree maintenance program with the tree in Young Street to be pruned not felled and palm trees in Johnson Close be considered for removal after consultation with residents and the pre-school.

 

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ITEM 10.5    SF834                030408      Casey Drive, Macksville

Motion:      (Moran/Duffus)

 

That Council retain the finalisation of Casey Drive, Macksville road dedication within the 2008/2009 draft budget.

 

 

Amendment:       (Ainsworth/Nash)

 

That the matter be deferred until the Roads and Traffic Authority come up with a dedicated by-pass for Macksville.

 

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

 

 

227/08 Resolved:         (Ainsworth/Nash)

 

That the matter be deferred until the Roads and Traffic Authority come up with a dedicated by-pass for Macksville.

 

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

 

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ITEM 10.6    SF306                030408      Bowraville Folk Museum - Assets Report

228/08 Resolved:         (Duffus/Ainsworth) 

 

That Council install the 100mm water service as required and the funds be obtained from:

 

a)      Public Halls Sundry Expenses No 2270-025 $6,000. Original allocation of $5,000 + $1,000 additional funding.

 

b)       Mains upgrading No 71019-000  $5,000. Additional funding.

 

 

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ASKING OF QUESTIONS WITHOUT NOTICE

 

QWN72/08 - Cr. Barry Duffus - Road Maintenance - 21 Alberto Street, Bowraville (Ref SF1136)

Cr Duffus enquired of the Director Engineering Services to schedule in an on-site inspection to 21 Alberto Street Bowraville to ascertain what is Council road and what is private road.

 

The Director Engineering Services advised that this is in the 2008/09 budget.

 

To be scheduled for Works Inspection.

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QWN73/08 - Cr. Barry Duffus - Road Maintenance - Valla Road at Pades and Willies on the T intersection (Ref SF1136)

Cr Duffus requested that the Director Engineering Services inspect Valla Road at Pades and the T-intersection at John Willies as these areas require extensive road maintenance.

 

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QWN74/08 - Cr. Barry Duffus - Taylors Arm - Private fence near bridge was damaged by Council workers.  (Ref SF1136)

Cr Duffus enquired of the Director Engineering Services if he could investigate the damage done to the private fence belonging to John Willies resulting in his cattle getting onto the road.  The fence was replaced by Council but only with three wires and this is not sufficient.

 

The Mayor advised that only half the property is fenced.

 

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QWN75/08 - Cr. Michael Moran - Plant Committee Meetings (Ref SF1136)

Cr Moran asked when the next Plant Committee meeting would be held and was Council still purchasing a grader.

 

He was informed that a date had not been set for a Plant Committee meeting as yet and that Council is still going ahead with the purchase of a grader.

 

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QWN76/08 - Cr. Michael Moran - Footpath on Liston Street, Nambucca Heads (Ref SF1136)

Cr Moran enquired as to why the footpath (past Sungleam) is on both sides where units are being built?

 

The Director Engineering Services advised that the developer is to replace and pay for footpath.

 

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QWN77/08 - Cr. Michael Moran - Mann Street, Nambucca Heads--Trees (Ref SF1136)

Cr Moran was advised by the Director Engineering Services that the trees in Mann Street have been replaced by Curly Ivy trees which are suitable for planting under power lines.

 

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QWN78/08 - Cr. Michael Moran - Bellevue Drive, Macksville--Bats in Trees (Ref SF1136)

Cr Moran advised that there are two trees which attract bats in Bellevue Drive Macksville and the residents are sick of bats and something needs to be done.

 

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QWN79/08 - Cr. Michael Moran - Bereavement Letter to Mrs Sugden (Ref SF1136)

The General Manager advised Cr Moran that Council will send flowers and a letter to Mrs Sugden whose is the widow of the recently deceased former Mayor.

 

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COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

229/08 Resolved:         (Duffus/Nash)

 

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:

 

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General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 11.1    6642/2008           030408      General Manager's Performance Agreement and Action Plan

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) (a) of the Local Government Act, 1993, on the grounds that the report contains personnel matters concerning particular individuals.

 

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CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 6.20 pm.

 

RESUME IN OPEN MEETING

Resolved: (Duffus/Moran)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 6.43 pm.

 

 

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 11.1    6642/2008           030408      General Manager's Performance Agreement and Action Plan

230/08 RESOLVED:         (Duffus/Moran)

 

Council determined that the General Manager’s performance has been satisfactory.

 

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CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 6.45 pm. 

 

Confirmed and signed by the Mayor on 17 April 2007.

 

 

CR GEORGE HICKS

MAYOR

(CHAIRPERSON)