NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 01 May 2008

 

PRESENT

 

Cr George Hicks (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Barry Duffus

Cr Mike Moran

Cr Rhonda Hoban

Cr Sue Nash

Cr Chris Waller

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Monika Schuhmacher (Minute Secretary)

Greg Meyers (Director Environment & Planning)

Bruce Redman (Director Engineering Services)

 

 

APOLOGY

 

Cr Duffus is an apology for this meeting.

 

 

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.

 

 

Ordinary Council Meeting

 

SUBJECT:   DISCLOSURE OF INTEREST

 

Cr Councillor JA Ainsworth declared a pecuniary interest in Item 9.2 Report on the Currency of Constraints Data Used for the Draft Rural-Residential Land Release Strategy Maps under the Local Government Act as he is a land owner and took no further part in debate or discussion.

 

 

 

SUBJECT:   CONFIRMATION OF MINUTES – ORDINARY COUNCIL Meeting of 17 April 2008

298/08 Resolved:         (Moran/Ainsworth)

 

That the minutes of the Confidential Meeting of Ordinary Council of 17 April 2008 be confirmed subject to the following:

 

·         Page 1            Cr Ainsworth also declared pecuniary interest in item 11.10

·         Page 1             Cr Moran declared a pecuniary interest in both Items 11.10 and 11.11

·         Page 4             Crs Ainsworth, Nash and Moran “returned” to the meeting….

·          Page 8            Item 11.5 should read  “was dealt with under Delegations in the meeting”

·          Page 11 Cr Ainsworth declared interest in Item 9.1 (Rural-Residential Excess Area Report) not                             Item 8.1

·          Page 13          Item 10.1 Cr Waller recorded his vote against this Item as “he wanted the rest of the road graded as well”.

·          Page 13 Item 10.1 Cr Duffus and Cr Nash requested their votes be recorded against this Item.

·          Page 14          Item 10.4 resolution to read “  That the policy on Roadside Maintenance be adopted including a paragraph…..”

·           Page 16         QWN86/08  Cr Hoban asked "who these funds are guaranteed by…"

 

 

 

 

 


  

General Manager Report

ITEM 8.1      SF959                010508      Outstanding Actions and Reports

299/08 Resolved:         (Nash/Moran)

 

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

 

 

 

ITEM 8.2      SF708                010508      Grant Application Status Report

300/08 Resolved:         (Hoban/Moran)

 

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

 

 

 

ITEM 8.3      SF42                  010508      Opportunity for Council to apply to reduce the number of Councillors without having to conduct a constitutional referendum of electors.

301/08 Resolved:         (Hoban/Waller)

 

1        In the event that the Local Government Amendment (Elections) Bill 2008 passes through Parliament, that Council advertise for 21 days and seek public comment in relation to a proposal to reduce the number of Councillors to be elected at the 13 September 2008 elections to seven.

 

2        That Council consider any submissions arising out of the public consultation prior to making an application to the Minister for Local Government.

 

 

302/08Resolved:          (Hicks/Moran)

 

3        That Council write to the Premier and request for the Local Government Elections be deferred for 12 months to allow for consideration of the outcomes of the Water Utility Inquiry.  A copy of the submission is also to be provided to the Minister for Local Government.

 

 

Note:  Councillors Hoban and Ballangarry requested that their votes be recorded as against this resolution.

 

 

 


ITEM 8.4      SF1077              010508      Museum Advisor Program

303/08Resolved:          (Waller/Ainsworth)

 

That Council participate in the Museum Advisor Program for the 2008/2009 financial year.

 

 

ITEM 8.5      LF3980               010508      Bowraville Recreation Club Co-operation Limited

304/08 Motion:    (Waller/Ainsworth)  (Hoban/Moran)

 

That approval in principle be granted to withdraw caveat on Lot 481 DP 700681 subject to any loan funds making provision for the repayment of the Club’s loan balance with Council.

 

Amendment:       (Hoban/Moran)

 

That the Club be advised that approval in principle be granted to withdraw caveat on Lot 481 DP 700681 for the purpose of loan negotiations.

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

305/08 Resolved:         (Hoban/Moran)

 

That the Club be advised that approval in principle be granted to withdraw caveat on Lot 481 DP 700681 for the purpose of loan negotiations.

 

 

ITEM 8.6      SF45                  010508      Shires Association of NSW Annual Conference - 2-4 June 2008 - Attendance by Mayor and General Manager

306/08 Resolved:         (Moran/Hoban)

 

That Council approve the attendance of the Mayor and one other Councillor to the Annual Conference of the Shires Association in Sydney from 2 to 4 June 2008.

 

 

 

Director Environment and Planning Report

ITEM 9.1      SF691                010508      Development and Complying Development Applications Received 7 April 2008 to 18 April 2008

307/08 Resolved:         (Moran/Ainsworth)

 

That the applications received, be noted and received for information by Council.

 

 

Councillor Ainsworth left the meeting before the commencement of this item, the time being 06:09 pm.

Councillor Ainsworth returned to the meeting at the completion of the item, the time being 06:10 pm.

 

ITEM 9.2      SF529                010508      Report on the Currency of Constraints Data Used for the Draft Rural-Residential Land Release Strategy Maps

308/08Resolved:          (Waller/Ballangarry)

 

That Council note the data used in the preparation of the constraints maps for the Draft Rural-Residential Land Release Strategy, and the costs to acquire more recent aerial imagery.

 

 

Director Engineering Services Report

ITEM 10.1    SF843                010508      Nambucca Shire Vehicle Access to Beaches Committee

309/08 Resolved:         (Hoban/Nash)

 

That the minutes of the Nambucca Shire Vehicle Access to Beaches Committee meeting held on the 28 March 2008 be noted and adopted.

 

 

 

ITEM 10.2    SF674                010508      Coffs Coast Waste Services

310/08 Lost Motion:    (Ainsworth/Waller)

 

1        That subject to concurrence of both Bellingen Shire Council and Coffs Harbour City Council that the contract for Coffs Coast Waste Services Number 04/05-183-TO held by Handybin Waste Service (Coffs Harbour) Pty Ltd, be extended by six months to a duration of ten years and six months.

 

2        That the revised Contract be executed under Council seal.

 

 

 

 

ITEM 10.3    SF194                010508      Nambucca Water Supply - Midco Reservoir

311/08 RESOLVED:         (Moran/Ainsworth)

 

1       That Council advise Midco of the following:

 

·      that the reservoir is redundant as far as Council’s current and future operational requirements are concerned.

 

·      that Council will no longer maintain the reservoir and associated pipework within the Midco property boundaries as the reservoir has acted solely as a private storage for some time.

 

·      that the operation and maintenance of the internal pipework and reservoir shall become the responsibility of Midco.

 

·      that Council intends to install a meter arrangement at the Midco property boundary, consistent with water services to other large water consumers in the Shire.

 

2       That Council install an appropriately sized standard meter arrangement on the incoming pipework  at the Midco property boundary and treat both the existing pipework downstream of the meter and the reservoir as private infrastructure.

 

 

 

ITEM 10.4    SF247                010508      Nambucca Heads Sewerage Scheme Upgrade

312/08 RESOLVED:         (Ainsworth/Moran)

 

1        That Council accept the proposal from NSW Water Solutions for the preparation of detailed designs and tender documentation for the Nambucca Heads Sewage Treatment Plant and Transfer System Upgrade.

 

2        That Council seek a proposal from the Commerce Coffs Harbour Office for the Project Management of the construction phase of the project with a view to acceptance subject to the fee not exceeding the allowance for project management in the estimated scheme budget.

 

     

 

ASKING OF QUESTIONS WITHOUT NOTICE

 

 

QWN92/08 - Cr. Chris Waller - Lower Lee Street Nambucca Heads - Overhanging Branches (Ref SF1137)

Cr Waller requested that the Director Engineering Services arrange for the trimming of the tree branches overhanging Lower Lee Street as they are causing a traffic hazard particularly with the garbage trucks.

 

 

 

QWN93/08 - Cr. Michael Moran - Advertising Tenders - Rodeo Drive (Ref SF1137)

In response to a question from Cr Moran regarding advertising for materials for Rodeo Drive the Director Engineering Services advised that while tenders may be advertised on an annual basis, when bigger project come up they will be tendered for separately.

 

 

 

QWN94/08 - Cr. Michael Moran - Opening of Tenders – Generally (Ref SF1137)

In response to a question from Cr Moran regarding the presence of a Councillor at the opening of the tenders the General Manager advised that anyone can be present at the opening of tenders.

 

 

 

QWN95/08 - Cr. Michael Moran - Macksville Aquatic Centre - Carpark (Ref SF1137)

In response to a question from Cr Moran regarding the bollard posts that have come out of their holes in the carpark at the Macksville Aquatic Centre, the Director Engineering Services said that this will remain a problem as trucks using the area for parking push them over.  The bollard will be concreted in again.

 

 

 

QWN96/08 - Cr. Michael Moran - Ferry Street  Macksville - Guide Posts (Ref SF1137)

In response to a question from Cr Moran regarding the insufficient number of guide posts at Ferry Street (near Chapmans), the Director Engineering Services advised that guard rails will be put there in place of the posts.

 

 

 

 


QWN97/08 - Cr. Michael Moran - Sewerage - Teagues Creek to Pelican Park Nambucca Heads (Ref SF1137)

In response to a question from Cr Moran regarding the possibility of running sewerage from Teagues Creek to Pelican Park at Lower Nambucca Heads, the Director Engineering Services advised that this had been costed previously and as it would entail major development it will need to be costed again.

 

 

 

QWN98/08 - Cr. John Ainsworth - Security Cameras - Nambucca Heads (Ref SF1137)

In response to a question from Cr Ainsworth regarding the installation of security cameras at Nambucca Heads, the Director Engineering Services advised that advice had bee sought from the previous Government and with the change in Government there had been no grant made available.  The Director Engineering Services will again follow up on this matter.

 

 

 

QWN99/08 - Cr. Rhonda Hoban - Browns Crossing Road - Report to Council (Ref SF1137)

In response to a question from Cr Hoban regarding a report  on the Browns Crossing Road the Director Engineering Services advised Cr Hoban that $200,000 had been set aside in the Budget that includes a section of Browns Crossing Road and is awaiting adoption of the Management Plan by Council.

 

 

 

QWN100/08 - Cr. Rhonda Hoban - Annual Contracts (Ref SF1137)

Cr Hoban enquired as to why Annual contracts are advertised they sometime refer to a two or three year contracts to which the Director Engineering Services responded that some contracts are more financially viable for the two or three year period.

 

 

 

QWN101/08 - Cr. Suzanne Nash - Potholes (Ref SF1137)

Cr Nash reported potholes at Wallace Street, Maras Creek Road, Gumma Road and Talarm Road (from Congarinni Bridge to Talarm Hall)

 

The Director Engineering Services advised that Maras Creek Road requires total rehabilitation.

 

 

 

QWN102/08 - Cr. Martin Ballangarry - Memorial Park and Shed - Bowraville - Playground Equipment (Ref SF1137)

In response to a question from Cr Ballangarry as to who is responsible for the playground equipment and shed which is in bad disrepair and dangerous for children) at Memorial Park opposite the Mission at Bowraville the Director Engineering Services advised that Council is responsible but had not replaced or repaired the equipment because it is continually vandalised. 

 

The Director Engineering Services will provide Council with a cost to have this equipment and roof replaced.

 

Cr Ballangarry also enquired as to who would be liable should someone be injured at this Park.

 

The General Manager advised that a suitable grant had been reported but applications closed in 24 April.

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

313/08 RESOLVED:         (Ainsworth/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:

 

---oo0oo---

 

Director Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 11.1    9630/2008           010508      Plant Replacement - Trucks

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) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

---oo0oo---

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 6.6.30 pm.

 

 

 

 

 

 


RESUME IN OPEN MEETING

Resolved: (Nash/Ballangarry)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 6.37 pm

 

 

 


 

FROM COUNCIL IN CLOSED MEETING

 

Director Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 11.1    9630/2008           010508      Plant Replacement - Trucks

314/08 RESOLVED:         (Moran/Ainsworth)

 

1        That Plant Numbers 5113 (Bridge Truck) and 5145 (Large Tipper) be replaced at a cost of $76,244.10 plus GST and $113,234.72 plus GST respectively.

 

2        That Plant Numbers 5112 (Sewer Truck) and 5119 (Sewer Truck) be replaced at a cost of $60,152.28 plus GST and $46,937.91 plus GST respectively.

 

3        That Plant Number 5111 (Water Truck) be replaced at a cost of $48,895.64 plus GST.

 

4        That the existing trucks be advertised for sale with the sale being the higher of the submitted quotations or the quoted trade in prices provided by Mid Coast Trucks.

 

5        That the Plant Replacement budgets for the Sewerage and Water Supply Funds be increased by $22,000.00 and $10,500.00 respectively.

 

---oo0oo---

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.45 pm. 

 

Confirmed and signed by the Mayor on 15 May 2008.

 

 

 

 

 

 

CR GEORGE HICKS

MAYOR

(CHAIRPERSON)