NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 16 October 2008

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Brian Finlayson

Cr Janet Court

Cr Mike Moran OAM

Cr Paula Flack

Cr Anne Smyth

Cr Elaine South

 

 

ALSO PRESENT

 

Michael Coulter

(General Manager)

Bruce Redman

(Director Engineering Services)

Greg Meyers

(Director Environment & Planning)

Monika Schuhmacher

(Minute Secretary)

 

 

 

 

APOLOGY

 

Cr Martin Ballangarry OAM has requested leave of absence in accordance with Section 234(d) of the Local Government 1993, from Thursday 9 October 2008 to Friday 17 October 2008, inclusive.

 

 

PRAYER

 

In the absence of a member of the Clergy from the Nambucca Minister's Association, Mr Barry Tasker (who was waiting to address Council on an item) offered a prayer.

 

 

Ordinary Council Meeting

 

SUBJECT:   DISCLOSURE OF INTEREST

 

Councillor M Moran declared a pecuniary interest in Item 9.9 Outcome of Public Meeting Concerning Proposed Telecommunications Facility for Optus Mobile Pty Ltd - Wallace Street Reservoir, Macksville under the Local Government Act as his wife owns property within the area.  Cr Moran left the meeting for this Item.

 

 

Councillor B Finlayson a pecuniary interest in Item 9.9 Outcome of Public Meeting Concerning Proposed Telecommunications Facility for Optus Mobile Pty Ltd - Wallace Street Reservoir, Macksville under the Local Government Act as he is a director and shareholder in a company owning property within 500 metres of Allan Gillet Oval.  Cr Finlayson left the meeting for this Item.

 

 

Councillor B Finlayson declared a pecuniary interest in Item 10.3 Public Hearing for Reclassification of Community Land to Operational Land in Draft LEP 2008 under the Local Government Act as he had an earlier discussion with the General Manager about possible acquisition of property.  Cr Finlayson left the meeting for this Item.

 

 

Councillor P Flack declared a non-pecuniary significant conflict of interest in Item 9.9  Outcome of Public Meeting Concerning Proposed Telecommunications Facility for Optus Mobile Pty Ltd - Wallace Street Reservoir, Macksville under the Local Government Act as family member owns property within the 500m of the proposed facility. Cr Flack left the meeting for this Item.

 


 

 

SUBJECT:   CONFIRMATION OF MINUTES - Special Meeting of Council 2 October 2008

 

759/08 RESOLVED:         (Moran/Ainsworth)

 

That the minutes of the Special Meeting of Council of 2 October 2008 be confirmed subject to the following amendments:

 

Page 2        Item 9.2—Aboriginal Community Advisory Committee—Appointment of Operational Committee should read:

 

MOTION:      (Flack/Smyth)

That two Councillors be appointed to the Aboriginal Advisory Committee—Councillors Flack and Ballangarry.  The motion was LOST.

 

There was a further nomination for Cr South.

 

AMENDMENT:       (Flack/Smyth)

That three Councillors be appointed to the Aboriginal Community Advisory Committee—Councillors Flack,  Ballangarry and South.  The amendment was LOST.

 

MOTION:      (Ainsworth/Moran)

That a ballot be undertaken for the appointment of two Councillors to the Aboriginal Community Advisory Committee.

 

The was carried and was:

RESOLVED           (Ainsworth/Moran)

That a ballot be undertaken for the appointment of two Councillors to the Aboriginal Community Advisory Committee.  The result of the ballot was that Councillors Ballangarry and South be appointed to the Committee.

 

 

 

Page 3        Item 9.5—Clarence Regional Library Committee should read:

 

MOTION       (Flack/Moran)

That two Councillors be appointed to the Clarence Regional Library Committee—being Councillors Moran and Smyth as well as the Manager Community and Cultural Services.

 

AMENDMENT        (Flack/Smyth)

That one Councillors be appointed to the Clarence Regional Library Committee—being Councillor Smyth as well as the Manager Community and Cultural Services.

The amendment was LOST.

 

RESOLVED           (Ainsworth/Moran)

That two Councillors be appointed to the Clarence Regional Library Committee, those Councillors being Smyth and Moran.

 

 

 

Page 3        Item 9.6       Community Services Committee Appointment of Operational Committee should read:

 

MOTION:      (Flack/Ballangarry)

That two Councillors be appointed to the Community Services Committee and with the Mayor as ex officio, those Councillors being Flack and Smyth.

 

There was a further nomination for Cr South.

 

AMENDMENT:       (Flack/Smyth)

That three Councillors be appointed to the Community Services Committee and with the Mayor as ex officio, those Councillors being Flack, Smyth and South.

The amendment was LOST.

 

MOTION:      (Ainsworth/Moran)

That a ballot be undertaken for the appointment of two Councillors to the Community Services Committee. 

 

The motion was carried and it was:

RESOLVED           (Ainsworth/Moran)

That a ballot be undertaken for the appointment of two Councillors to the Community Services Committee.  The result of the ballot was that Councillors Flack and Smyth be appointed to the Committee.

 

 

 

SUBJECT:   CONFIRMATION OF MINUTES - ORDINARY Meeting of Council 2 October 2008

760/08 RESOLVED:         (Moran/South)

 

That the minutes of the Ordinary Council Meeting of 2 October 2008 be confirmed subject to the following amendments:

 

Page 1         Cr Smyth’s declaration of Non-Pecuniary significant conflict of interest in Item 9.12 should             state that she did not leave the meeting for this item.

 

Page 1         Cr Smyth’s declaration of Non-Pecuniary insignificant conflict of interest in Item 11.3 should                    state that she did not leave the meeting for this item.

                  

Page 4         Item 9.5—should note that Cr Flack remained for discussion but did not vote on this item.

 

Page 15       QWN 205/08—Cr Flack question to the Director Engineering Services should read that she            ‘enquired if there was any intention to have the high voltage sign removed’.

 

 

 

 

 

NOTICE OF MOTION – CR Flack

ITEM 5.1      RF256                161008      Notice of Motion - Riverbank Erosion - Riverside Drive Nambucca Heads

MOTION       (Flack/Smyth)

 

That, to ensure public safety, appropriate work be undertaken immediately to repair the bank below the old footpath along Riverside Drive where the base has been eroded away. 

 

Amendment:       (Ainsworth/Moran)

 

That Council await a report from Geotechnical Engineers regarding the stability of Riverside Drive.

 

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

 

761/08 RESOLVED          (Ainsworth/Moran)

 

That Council await a report from Geotechnical Engineers regarding the stability of Riverside Drive.

 

Note:  Cr Flack and Cr Smyth requested that their votes be recorded as against this resolution as they believe action to repair this part of the footpath along Riverside Drive needs to be taken now.

 

 

 

 


NOTICE OF MOTION – CR Flack

ITEM 5.2      SF382                161008      Notice of Motion - Scotts Head Caravan Park and Reserve - Report on Masterplan

762/08 RESOLVED:         (Flack/Moran)

 

1          That Council receives a comprehensive report regarding the preparation of the Masterplan—at the very least, the report should cover the project timeline, progress to date and budget details.

 

2          That Council invite the Masterplan consultants to present the draft Masterplan to a General Purpose Committee meeting before it is placed on exhibition.

 

 

  

DELEGATIONS

763/08 Resolved:         (Ainsworth/Moran)

 

That the following delegations be heard:

 

A)      ITEM 9.3      SF360          161008         Future of Argents Hill Hall

                    (i)       Ms Leanne Davidson—concerned resident

                    (ii)      Mr Barry Tasker—President Argents Hill Hall Committee of Management

 

B)      ITEM 9.9      SF1186        161008         Outcome of Public Meeting Concerning Proposed Telecommunications Facility for Optus Mobile Pty Ltd - Wallace Street Reservoir, Macksville

                    (i)       Mr Mark Collister on behalf of OPTUS

 

C)      ITEM 10.2    DA2008/181 161008         Report for Determination of DA 2008/181 - Detached Dual Occupancy - 17 River Oak Crescent, Scotts Head

                   (i)       Mr Malcolm Gresswell

 

DELEGATIONS continued…

A)      (i)       Mr Barry Tasker addressed Council making the following points:

·         Congratulated Councillors on their election or re-election

·         Hall operating for last 12 months despite Greys Crossing being closed

·         Have had 18 functions

·         Have held AGM with new committee and they are fully in favour of keeping the Hall open

·         RFS share facilities with the Hall and support grant application

·         TAFE considering conducting meetings for local residents

·         Hall committee can pay for minor maintenance

·         Committee is active in raising funds for the Hall

 

          (ii)      Ms Leanne Davidson addressed Council making the following points:

·         Council has Trust Management of Hall

·         Committee should be a specific committee under the Crown Lands Act

·         Grant application has been submitted for understorey of Hall to be repaired

·         Also applied for Helping Hands Grant

·         Have applied for a 50% reduction of electricity with Country Energy

·         Legal advice not accept incorporation

·         Want to see only community building left in area remain

·         Independent quote from qualified builder and this differs from that of Council

·         Tabled report from the independent builder

 

ITEM 9.3      SF360                161008      Future of Argents Hill Hall

Motion:      (Flack/Smyth)

 

That Council write to the Department of Land advising that the Committee and Council are applying for grants and whether they can assist with funding.

 

Amendment:       (Moran/Ainsworth)

 

That Council arrange an onsite meeting with the Department of Lands and write to the Department of Land advising that the Committee and Council are applying for grants and whether they can assist with funding.

 

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

 

Resolved: (Moran/Ainsworth)

 

That Council arrange an onsite meeting with the Department of Lands and write to the Department of Lands advising that the Committee and Council are applying for grants and whether they can assist with funding.

 

 

 


DELEGATIONS continued…

Councillors P Flack and M Moran left the meeting before the commencement of this item, the time being 6.10 pm and returned at 6.17 pm at the conclusion of this item.

 

Councillor Brian Finlayson identified a pecuniary interest at 6.14 pm and left the meeting and returned at 6.17 pm at the conclusion of this item.

 

B)      Mr Mark Collister addressed Council making the following points:

·    Thanked community for consideration in listening to OPTUS

·    Site selection process—never an easy process, many conflicting consideration, should have least overall impact on Macksville,

·    Low impact proposal—followed Code of Practice, held public meetings, have been transparent in providing information

·    Electromagnetic Emissions (EME) issue—aware of public concern regarding EME,

·    Quoted from WHO report/advice on EME

·    OPTUS is rolling out some 750 site around Australia to bring wireless broadband to people using Australian Government Standards.

ITEM 9.9      SF1186              161008      Outcome of Public Meeting Concerning Proposed Telecommunications Facility for Optus Mobile Pty Ltd - Wallace Street Reservoir, Macksville

764/08 RESOLVED:         (Ainsworth/Court)

 

That Council advise the Australian Communications and Media Authority that it objects to the provisions of the Telecommunications Act 1997 which allows Carriers to locate “low impact facilities” as it has a conflict of interests in weighing competing considerations such as community opinion and cost.

 

 

 

 

 


DELEGATIONS continued…

·    C)      Mr Malcolm Gresswell spoke to a prepared paper which has been placed on file

 

ITEM 10.2    DA2008/181        161008      Report for Determination of DA 2008/181 - Detached Dual Occupancy -
17 River Oak Crescent, Scotts Head

765/08 RESOLVED:         (Flack/Court)

 

Upon being put to the meeting, the motion was declared carried.  All Councillors stood in favour of the Motion, being the Mayor Cr Hoban and Councillors Ainsworth, Court, Finlayson, Flack, Moran, Smyth and South.

 

1          Pursuant to Section 79C(1)(a)(i) of the EP&A Act 1979, the proposed development does not comply with clause 30A of Nambucca Local Environmental Plan 1995 and the State Environmental Planning Policy (SEPP 1) application, objecting to the minimum site area is not supported.

 

2          Pursuant to Section 79C(1)(a)(iii) of the EP&A Act 1979, the proposed development does not comply with the minimum private open space requirements in accordance with Development Control Plan No 3 – Residential Development.

 

3          Pursuant to Section 79C(1)(a)(iii) of the EP&A Act 1979, the proposed development does not comply with the minimum access requirements for driveway grades and transitions in accordance with Development Control Plan No 1 – Off-Street Parking.

 

4          Pursuant to Section 79C(1)(c) of the EP&A Act 1979, it is considered that due to the area, shape and slope of the land the proposal is an overdevelopment of the site and therefore the site is unsuitable for the proposed detached dual occupancy development.

 

5          Pursuant to Section 79C(1)(e) of the EP&A Act, 1979, it is considered that the proposed development is not in the public interest as it will result in variations to Council adopted development standards, which may result in an undesirable precedent being set for similar applications.

 

 

 


General Manager Report

ITEM 9.1      SF1111              161008      Outstanding Actions and Reports

766/08 RESOLVED:         (Flack/Moran)

 

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

 

 

 


ITEM 9.2      SF1222              161008      Request for a Designated "Clothes Optional" Beach for the Purpose of Nude Swimming and Related Social Activities

767/08 RESOLVED:         (Flack/Ainsworth)

 

1        That Council refer the request by the Nambucca Valley Nudist Group to the Valla Beach    Urban & Hall Management Committee and the Valla Tourist Resort for their comment.

 

2        That Council seek the views of the NSW Police Force in relation to the request and in        particular the relationship, if any, between declared nudist beaches and crime.

 

 

 

 


Item 9.3 was dealt with under Delegations above.

 

 

 


ITEM 9.4      SF298                161008      Annual General Meeting - Argents Hill Hall Committee of Management

768/08 RESOLVED:         (Flack/Moran)

 

1        That Council endorse the Committee of Management for the Argents Hill Hall for 2008/2009         and thank the outgoing Committee for their work in 2007/2008.

 

2        That the Community Services Directory and Committee of Management data file be updated      to reflect the new Committee.

 

 

 

 


ITEM 9.5      SF946                161008      Annual General Meeting - Missabotti Hall Committee of Management

769/08 RESOLVED:         (Moran/Ainsworth)

 

1        That Council endorse the Committee of Management for the Missabotti Hall and thank the outgoing Committee for their work in 2007/2008.

 

2        That the Community Services Directory and Committee of Management data source be updated to reflect the new Committee.

 

 

 

 


ITEM 9.6      SF329                161008      Annual General Meeting - Crosswinds Nature Reserve

770/08 RESOLVED:         (Moran/Ainsworth)

 

1        That Council endorse the Committee of Management for the Crosswinds Nature Reserve and      thank the outgoing Committee for their work in 2007/2008.

 

2        That the Community Services Directory and Committee of Management data source be     updated to reflect the new Committee.

 

 

 


 


ITEM 9.7      SF880                161008      Headland Museum Extension - Resolution to Offer the Nambucca District Historical Society a Loan of $16,000

771/08 RESOLVED:         (Ainsworth/Flack)

 

1        That the proposal to provide a loan of $15,500 to the Nambucca District Historical Society be converted to a grant.

 

2        Council note that an invoice will be issued to the Nambucca District Historical Society for $4,000 being the funds they offered to commit to the project.

 

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

 

 

 


ITEM 9.8      SF15                  161008      Report on the Provision of Toilets at the Macksville Saleyards   

MOTION:      (Flack/Moran)

 

That Council not pursue the provision of additional toilets at the Macksville Saleyards as adequate facilities already exist.

 

Amendment:       (Moran/Ainsworth)

 

That Council receive a budget on Saleyards to determine whether facilities can be funded in some manner and for consideration in the 2009/2010 budget and seek any grants to assist with the funding.

 

The amendment became the motion and it was:

 

MOTION:      (Moran/Ainsworth)

 

That Council receive a budget on Saleyards to determine whether facilities can be funded in some manner and for consideration in the 2009/2010 budget and seek any grants to assist with the funding.

 

Amendment:       (Flack/Smyth)

 

That Council receive a budget on Saleyards to determine whether facilities can be funded in some manner and for consideration in the 2009/2010 budget and seek any grants to assist with the funding.  Further that Council investigate the Saleyard’s effluent management.

 

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

 

.772/08 Resolved:        (Flack/Smyth)

 

That Council receive a budget on Saleyards to determine whether facilities can be funded in some manner and for consideration in the 2009/2010 budget and seek any grants to assist with the funding.  Further that Council investigate the Saleyard’s effluent management.

 

 

 


Item 9.9 was dealt with under Delegations above.

 

 

 

 


ITEM 9.10    SF1126              161008      Financial Reports - 30 June 2008

773/08 RESOLVED:         (Moran/Ainsworth)

 

1        That the Mayor, one other Councillor, the General Manager and Responsible Accounting Officer be authorised to sign the Statement on the General Purpose Financial Reports by Councillors and Management made pursuant to Section 413(2)(C) of the Local Government Act.

 

2        That the Mayor, one other Councillor, the General Manager and Responsible Accounting Officer be authorised to sign the Statement on the Special Purpose Financial Reports by Councillors and Management made pursuant to the Local Government Code of Accounting Practice and Financial Reporting.

 

ITEM 9.11    SF708                161008      Grant Application Status Report - October 2008

774/08 RESOLVED:         (Moran/Flack)

 

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

 

 

 

 


ITEM 9.12    LF4391               161008      Withdrawal of Caveat over Lots 14-22 DP 1107549 Eungai Creek Road Eungai

775/08 RESOLVED:         (Moran/South)

 

1        That Council acknowledge that the terms of the Deed of Agreement dated 24 May 2000 have been satisfied with respect to Lot 14-21 ( inclusive)  in DP 1107549 and accordingly Council approves the withdrawal of Caveats on Lots 14-21 (inclusive) in DP 1107549 and to authorise Councils common seal to be affixed to the relevant documents subject to all costs being borne by the subdivider.

 

2        That Council retain the Caveat over the residual lot being folio identifier 22/1107549

 

 

 

 


ITEM 9.13    SF587                161008      Continuance of Lease to Ussher Over Future Dam Site Land

776/08 RESOLVED:         (Ainsworth/Moran)

 

1          That Council note that the original lease of Lot 6 in DP 1076377 to Mr & Mrs Ussher has expired and continues on a week to week basis.

 

2          That Council write to the lessee of Lot 6 in DP 1076377 confirming the status and provisions of the current lease  of Lot 6 in DP 1076377  and make arrangements for future rents to be raised and paid in the same manner as the original lease.

 

3          That in the event that the lessee of Lot 6 in DP 1076377 is not satisfied with the continuing provisions of the existing lease Council authorise the General Manager or Mayor to conclude negotiations for a new lease on similar terms to the existing lease for a period concluding not later than October 2010 and to sign all necessary documents, under council seal where applicable, to give effect to the new agreement.

 

ITEM 9.14    SF352                161008      Cr Martin Ballangarry OAM - Request for Leave - 9 to 17 October 2008

777/08 RESOLVED:         (Ainsworth/Moran)

 

That Cr Martin Ballangarry OAM, in accordance with Section 234(d) of the Local Government Act, be granted leave of absence from Thursday 9 October 2008 to Friday 17 October 2008, inclusive.

 

 

 

 


General Manager Report - LATE

ITEM 9.15    SF394                161008      Report on Investments to 30 September 2008

778/08 RESOLVED:         (Moran/South)

 

That the Accountants’ Report on Investments placed to 30 September 2008 be noted.

 

779/08 Resolved:         (Moran/Ainsworth)

 

That Council reassess their budget for the next six months wit this to be addressed in the September Budget Review.

 

 

 

 


Director Environment and Planning Report

ITEM 10.1    SF691                161008      Outstanding Development applications more than 12 months old and applications where submissions have been received and not determined to 2 October 2008

780/08 RESOLVED:         (Moran/Smyth)

 

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 10.2 was dealt with under Delegations above.

 

 

 

 

 

 

 


Councillor Brian Finlayson identified a pecuniary interest at 7.05 pm and left the meeting and returned at 7.06 pm at the conclusion of this item.

ITEM 10.3    SF241                161008      Public Hearing for Reclassification of Community Land to Operational Land in Draft LEP 2008

781/08 RESOLVED:         (Ainsworth/Moran)

 

1        That Council engage Bennell and Associates to facilitate the public hearing and prepare a report on the outcome and make a recommendation in regard to the reclassification of community land to operational land.

 

2        That the funds for the Public Hearing are to come from the Land Development Reserve Fund.

 

 

 

 


ITEM 10.4    SF1148              161008      Contract Regulatory Officer's Report - September 2008

782/08 RESOLVED:         (Flack/South)

 

That the report from the Contract Regulatory Officer for September 2008 be received and noted by Council.

 

 

 

 


Director Engineering Services Report

ITEM 11.1    SF740                161008      Bellevue Drive, Macksville - Street Trees

Motion:      (Flack/Smyth)

 

That Council not remove the fig trees from the western end of Bellevue Drive, Macksville.

 

Amendment:       (Moran/Ainsworth)

 

That this matter be deferred to the next General Purpose Committee meeting.

 

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

 

783/08 Resolved:         (Moran/Ainsworth)

 

That this matter be deferred to the next General Purpose Committee meeting for an inspection.

 

 

 

 

 

 

 

 

 


ITEM 11.2    SF61                  161008      Professional Lifeguard Services 2007/2008 Contract Report

784/08 Resolved:         (Flack/Hoban)

 

1          That Council note the Annual Report for 2007/2008 by Surf Life Saving Services Pty Ltd.

 

2          That Council continue to provide life saving services only for the 5 weeks prior to Christmas until the end of January from 9.30 am to 3.30 pm.

 

3          That Council call tenders for the provision of life saving and rescue services for a three (3) year period commencing December 2010 until January 2013.

 

4        That Council write to the Department of Lands and request they provide funding assistance because they receive income from the caravan parks.

 

 

 

 


ITEM 11.3    RF440                161008      Bowra Street, Nambucca Heads - Public Seating

785/08 RESOLVED:         (Flack/South)

 

That Council install two bench seats and a table on the north-east corner of Bowra Street, Nambucca Heads under the shade sail.

 

 

 

 


ITEM 11.4    RF440                161008      Bowra Street, Nambucca Heads - On Street Dining

Motion:      (Moran/Ainsworth)

 

That Council agree to the fabrication and placement of a relocatable dining platform on two parking bays in front of Infusion Café on the following terms:

 

·          A Lease of $44.70 per week with no phasing

·          Payment of the applicable table rate

·          Payment of the applicable table rate in addition to the fee

·          Provision of appropriate Public Liability Insurance by the Lessee.

 

The motion is LOST.

 

Note:  Cr Moran requested that his vote be recorded as against this decision.

 

 

ITEM 11.5    SF84                  161008      Rural Fire Service - Annual Budget 2009/2010

786/08 RESOLVED:         (Flack/Smyth)

 

That Council endorse the 2009/2010 projected budget for the NSW Rural Fire Service for the Nambucca Shire Local Government Area.

 

 

 

 

 


ITEM 11.6    SF85                  161008      Zone Liaison Committee (Rural Fire Service) - Council's Representative

787/08 RESOLVED:         (Flack/Smyth)

 

1        That Councillor Ainsworth be Council’s representative to the (Lower North Coast) Zone Liaison Committee.

 

2        That Council appoint the General Manager to the (Lower North Coast) Zone Liaison Committee noting that it is intended to delegate this role to the Director Engineering Services.

 

 

 


 

Works Inspection Committee REPORT

ITEM 12.3         SF544            161008      Section 94 Developer Contributions - Community Facilities and Open Space Contribution Plan 2008 (Item 12.3 in the Works Inspection Committee)

Motion:      (Flack/Court)

 

1        That Council adopt the Draft Nambucca Shire Community Facilities and Open Space Contribution Plan 2008.

 

2        That Councils decision be publicly notified in the Nambucca Guardian at the earliest opportunity.

 

3        That the Contribution Plan commence from the date Council’s decision is publicly notified in the Guardian.

 

Amendment:       (Moran/Ainsworth)

 

That the matter be deferred until a Special General Purpose Committee meeting to be held immediately after the Reference Group meeting on 31 October 2008.

 

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

 

788/08 Resolved:         (Moran/Ainsworth)

 

That the matter be deferred until a Special General Purpose Committee meeting to be held immediately after the Reference Group meeting on 31 October 2008.

 

 

 

 


ITEM 12.2         SF1175          161008      40 Rural-Residential Lot Quota - Ballot (Item 12.2 in the Works Inspection Committee)

THIS ITEM WAS WITHDRAWN FROM THE BUSINESS PAPER

 

 

 

 

 

 


ITEM 12.4         SF265            161008      Procurement Policies and Procedures - Resubmitted (Item 12.4 in the Works Inspection Committee)

789/08 Resolved:         (Ainsworth/Finlayson)

 

That Council adopt the following the policy—Council Purchasing Cards subject to a maximum of 10 cards being provided with a $500 limit and a maximum of five cards being provided with a $300 limit.  The recipients of the cards to be at the discretion of the General Manager.  The selected purchase card is to be the most cost effective for Council.  Further, the policy is to be subject to a twelve months trial and a valuation against previous purchasing arrangements.

 

Note:  Cr Moran requested that his vote be recorded as against this resolution because he believes there is nothing wrong with the existing system.

 

 

790/08 RESOLVED:         (Ainsworth/Flack)

 

That the policy—Procurement of Goods and Services and the Procurement Procedures Manual be adopted subject to the amendments discussed including:

 

  • Change heading of Section 8.0 in policy to SUSTAINABLE PURCHASING

 

  • In Section 3.9.1 of the Manual, it to be noted that Council is a member of the NSW Local Government Sustainable Choice Program and can access their database.  The website address; user name and password to be included in the Manual.

 

  • Section 5 of the Manual, final paragraph under the heading Selective Tender to be REMOVED.

 

  • Under Section 5.1 of the Manual concerning tender procedure, Item 15 to be amended to provide that contracts over $150,000 to be signed by the Mayor and General Manager and contracts under $150,000 to be signed by the General Manager.

 

  • Corrections to spelling, grammar and layout of both documents.

 

 

 

 


ITEM 12.1         SF1064          161008      Councillors Induction - Tour of Facilities (Item 12.1 in the Works Inspection Committee)

791/08 Resolved:         (Ainsworth/Flack)

 

That the inspection of facilities be noted.

 

    

 

ASKING OF QUESTIONS WITHOUT NOTICE

 

QWN210/08 - Cr. Paula Flack – Marriott’s Quarry – Letter from Rhonda Davies (Ref SF1197)

In response to a question from Cr Flack regarding whether a letter from Rhonda Davies concerning Marriott’s Quarry had been answered, the Director Environment and Planning was not prepared to provide answers at this stage however, he would provide Councillors with a copy of his response when it is available.

 

 

 

 


QWN211/08 - Cr. Paula Flack - Public Meeting at Buz Brazzel Park, Scotts Head (Ref SF1197)

In response to a question from Cr Flack regarding whether a public meeting held at Buz Brazzel Park, Scotts Head was advertised, the Director Engineering Services advised that the meeting was not organised by Council, and that he had been invited to attend the meeting.  The Director Engineering Services advised that in his opinion the meeting had a positive outcome and he would provide Council with a report to the next Council meeting.

 

 

 

 


QWN212/08 - Cr. Michael Moran - Requested Reports on Stormwater and Environmental Levy (Ref SF1197)

In response to a question from Cr Moran regarding which the reports on both Stormwater and the Environmental Levy would be forthcoming, the Director Environment and Planning advised that Council would receive these reports in November 2008.

 

 

 

 

 

 


COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

792/08 RESOLVED:         (Ainsworth/Moran)

 

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.

 

General Manager’s Summary of why reports are in closed:

 

 

 

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    24592/2008         161008      Update on matters concerning the Headland Caravan Park

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.

 

 

 

 


 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.33 pm.

 

 

 

 

 


RESUME IN OPEN MEETING

Resolved: (Flack/Moran)

 

That the Ordinary Council Meeting resumed IN OPEN MEETING at 7.41 pm.

 

 

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    24592/2008         161008      Update on matters concerning the Headland Caravan Park

793/08 RESOLVED:         (Moran/Ainsworth)

 

1        That Council negotiate terms under which Council resign as Reserve Trust Manager of the Headland Reserve Trust of Crown Reserve 140081, such terms to preserve current revenue for at least the residual term of the current lease to Kelvest.

 

2        That Council seek an undertaking from Department of Lands to review park operation within three years with a view to increasing fund allocation to Council for Crown Reserve upkeep within the Shire.

 

3        That Council authorise the General Manager and Mayor to conclude negotiations to give effect to the resignation by Council as reserve Trust Manager of the Headland Reserve Trust of Crown Reserve 140081—subject to confirmation that the Reserve only includes the Headland Caravan Park.

 

 

 

 


 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.44 pm. 

 

Confirmed and signed by the Mayor on 6 November 2008.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)