NAMBUCCA SHIRE COUNCIL
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Ordinary
Council Meeting
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MINUTES OF THE Ordinary Council
Meeting HELD ON 03 April 2008
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PRESENT
Cr
George Hicks (Mayor)
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Cr John
Ainsworth
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Cr
Martin Ballangarry
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Cr
Barry Duffus
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Cr Mike
Moran
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Cr Rhonda Hoban
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Cr Sue
Nash
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Cr Chris Waller
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ALSO PRESENT
Michael Coulter (General Manager)
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Bruce Redman (Director Engineering Services)
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Greg Meyers (Director Environment &
Planning)
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Monika Schuhmacher (Minute Secretary)
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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
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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
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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
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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
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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
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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
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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.
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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
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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.
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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
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221/08 RESOLVED: (Nash/Waller)
The report
be received and noted
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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
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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
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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
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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.
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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
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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
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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
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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.
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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
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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
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Resolved: (Duffus/Moran)
That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 6.43
pm.
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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
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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)