NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 07 August 2008

 

PRESENT

 

Cr George Hicks (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Barry Duffus

Cr Paula Flack

Cr Rhonda Hoban

Cr Mike Moran OAM

Cr Chris Waller

Cr Sue Nash

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Steven Williams (Property Officer)

Greg Meyers (Director Environment & Planning)

Monika Schuhmacher (Minute Secretary)

Bruce Redman (Director Engineering Services)

 

 

 

PRAYER

 

Rev Peter Lott offered a prayer on behalf of the Nambucca Minister's Association.

 

 

Ordinary Council Meeting

 

SUBJECT:   DISCLOSURE OF INTEREST

 

Councillor CM Waller declared a pecuniary interest in Item 12.3 in Closed Meeting, Status Report Hydrotherapy Pool and Gym, under the Local Government Act as his family business hires two lanes of the hydrotherapy pool and left the meeting for this Item.

 

Councillor SN Nash declared a pecuniary interest in Item 10.5 Report on Community Services Committee Minutes (in particular the question asked regarding Abigroup and housing for workers)  under the Local Government Act as her father-in-law has had commercial dealings with Abigroup concerning the farm she lives and works on.

 

Councillor MM Moran declared a pecuniary interest in Item L2 Complaints Concerning Proposed Telecommunications Facility of Optus Mobile Pty Ltd under the Local Government Act as he owns a house at 17 Frank Street Macksville in the vicinity of the proposed facility and left the meeting for this Item.

 

Councillor PF Flack declared a non-pecuniary significant conflict of interest in Item L2 Complaints Concerning Proposed Telecommunications Facility of Optus Mobile Pty Ltd under the Local Government Act as her brother lives in Station Street which is in the vicinity of the proposed facility and left the meeting for this Item.

 

 

 

 

SUBJECT:   CONFIRMATION OF MINUTES - Special Meeting OF Council 23 July 2008

606/08 RESOLVED:         (Ainsworth/Duffus)

 

That the minutes of the Special Confidential Meeting of Ordinary Council of 23 July 2008 be confirmed.

 

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary  MEETING OF Council 17 July 2008

607/08 RESOLVED:         (Duffus/Moran)

 

That the minutes of the Confidential Meeting of Ordinary Council of 17 July 2008 be confirmed.

 

 

 


  

DELEGATIONS

608/08 Resolved:         (Flack/Nash)

 

That the following delegations be heard:

 

a)       Item 5.1— Notice of Motion - Landscaping Riverfront - Macksville

(i)                               Ms Marie Lenthal—Joan’s Army Coordinator

 

b)       Item 9.4—Bowraville Hinterland Festival and Committee of Management

(i)                               Julia Morrell—regarding the Hinterland Festival

(ii)                             Tony Allison—regarding the Community Youth Festival

(iii)                            Josh Hoffman—regarding Tribal Jam

 

c)       Item L2—Complaints Concerning Proposed Telecommunications Facility for Optus Mobile Pty Ltd –

                          Wallace Street Reservoir, Macksville

(i)                   Graham Day—concerned resident

 

 

 


a)                ITEM 5.1             SF793       070808     Notice of Motion - Landscaping Riverfront - Macksville

Ms Lenthal addressed Council making the following points:

·         Time for a facelift for whole area long top from Bridge to Princess Street, to make it more attractive

·         Needs a professional landscaper as to least cost to Council, grant availability

·         More trees and tables and chairs

·         Bring walk on other side through to wharf side of River Street

·         Open for suggestions from community consultation

 

NOTICE OF MOTION – CR Hoban

ITEM 5.1      SF793                070808      Notice of Motion - Landscaping Riverfront - Macksville

609/08 RESOLVED:         (Hoban/Ainsworth)

 

That Council seek quotations from landscape designers to prepare, in consultation with Joan's Army, a landscaping Masterplan for the riverfront area from Macksville Traffic Bridge to the public toilets on the corner of Princess and River Streets.

 

 

 

 

 


b)       ITEM 9.4      SF1139        070808         Bowraville Hinterland Festival and Committee of

                                                                   Management

Ms Morrell addressed Council making the following points:

·         Treasurer Back to Bowra Hinterland Festival

·         Event schedule under control

·         Group of young men (Tribal Jam) involved in Festival

·         Group has been encouraged to participate

·         Drug and alcohol free event

·         More entertainment options assisted by NSC sought

·         Council support and to consider a DA eventually

The General Manager advised that Council cannot promote the event as Council’s Insurers have refused to provide coverage and Council will become potentially liable for any accident.

·            Tribal Jam holds its own insurance


 

DELEGATIONS continued

 

(iv)                            Tony Allison—regarding Bendinni Beats Community Youth Festival

Mr Allison addressed Council making the following points:

·            Community based volunteer—25 years experience in large scale event management

·            Bendenni Beats is not a rave party—it is a band

·            A responsible group—committed to work with Council

·            This event may attract 350 to 500 people

·            Reiterated drug and alcohol free

·            Promotes good community values

·            Part of Hinterland Festival will be for Youth

 

(v)                             Josh Hoffman—regarding Tribal Jam

Mr Josh Hoffman addressed Council making the following points:

·            Grew up in Bowraville region

·            Has first hand experience of local events

·            Sponsored by a grant

·            Auspiced by Tallowood School, Richard Holloway (Arts Mid North Coast)

 

ITEM 9.4      SF1139              070808      Bowraville Hinterland Festival and Committee of Management

610/08 RESOLVED:         (Flack/Nash)

 

1        That Council endorse the new Committee of Management for the Bowraville Hinterland    Festival being:

 

          Chris Florian – Chairperson

          Paul Cole – Vice Chairperson

          Rusty Kilpatrick – Secretary

          Julia Morrell – Treasurer

          Hal Ussher – Committee Member

          Esther Hughes – Committee Member

          Keith Graham – Committee Member

          Gary Pankhurst – Committee Member

          Margot McCarthy – Committee Member

 

2        That the information concerning the proposed engagement of contractors and casual staff          as tutors be noted.

 

3        That Bowraville Hinterland Festival Committee be advised not to promote the proposed    community youth festival at a property on Upper Buccrabendinni Road because Council is          not involved in its organisation and has no insurance coverage for the particular event.

 

4        That Council acknowledge Tribal Jam for its initiative and commitment to youth and wish them well with their endeavours.

 

 

 


c)       ITEM L.2      SF1186        070808         Complaints Concerning Proposed Telecommunications       Facility for Optus Mobile Pty Ltd - Wallace Street Reservoir, Macksville

 

Cr Flack and Cr Moran left 5.59 pm.

Cr Flack and Cr Moran returned to the meeting after the completion of the item at 6.17 pm.

 

Mr Day addressed Council to a prepared paper which is on file.


DELEGATIONS continued

 

611/08 Resolved:         (Duffus/Waller)

 

That Mr Day be granted an extension of time.

 

ITEM L.2      SF1186              070808      Complaints Concerning Proposed Telecommunications Facility for Optus Mobile Pty Ltd - Wallace Street Reservoir, Macksville

612/08 RESOLVED:         (Ainsworth/Duffus)

 

1        That Optus Mobile be requested to provide appropriate technical and management staff to attend a public information and question and answer meeting in Macksville and that the period for written comments be extended until one week after the meeting.  Further that the Optus staff to attend the meeting be requested to specifically address concerns about electromagnetic radiation and their reasons for preferring the water reservoir site.

 

2               That Council offer the use of the Council Chambers to Optus Mobile for the public information and question and answer meeting.

 

3        That Optus Pty Ltd be requested to address their compliance with the ACIF Code.

 

 

 

 


NOTICE OF MOTION – CR Hoban

ITEM 5.2      SF793                070808      Notice of Motion - Off Stream Storage Dam - Presentation by GHD

613/08 RESOLVED:         (Hoban/Duffus)

 

That Council invite GHD, the successful tenderer for the pre-construction phase of the off-stream storage dam to address Council and introduce their Company and Project Team and provide an overview of their experience and expertise, in late September following the Council elections.

 

 

 

 


QUESTIONS WITH NOTICE

QWN169/08 - Cr. Paula Flack - Donnelly Welsh Playing Fields - Lease for Agistment (Ref SF1195)

1          Is Council aware that it was in breach of the Local Government Act 1993 in granting a lease on community land at Donnelly Welsh Playing Fields for private grazing purposes on 19 June 2008, for which no Plan of Management exists?

 

            S46 (1)(b) of the Local Government Act 1993 states ‘A lease, licence or other estate in respect of community land may be granted, in accordance with an express authorisation in the Plan of Management (but may otherwise not be granted)’.

 

Mr Williams (Council’s Property Manager) advised that Cr Flack’s comments were correct.

 

614/08 Resolved:         (Flack/Hoban)

 

That Council withdraw the licence.

 

 

 



QUESTIONS WITH NOTICE continued

 

QWN170/08 - Cr. Paula Flack - Donnelly Welsh Playing Fields - Illegal Land Clearing (Ref SF1195)

What action has Council taken regarding the illegal land clearing undertaken by Mr Tutt in the wetland area on community land at the Donnelly Welsh Playing Fields? 

 

Was any endangered ecological community species impacted by the land clearing?

 

 

Response from Director Environment and Planning:

 

Photographic evidence has been taken. Vegetation overlays from the Kendall and Kendall vegetation mapping have been used to try and identify if the area is considered to include any of the species identified through the Endangered Ecological Communities (EEC) for the “Swamp Oak Floodplain Forest of the NSW North Coast” determination.

 

Once this information is gathered the matter will be referred off to the DECC and/or the NRCMA as the case may be for their further investigation and action as required.

 

615/08 Resolved:         (Flack/Duffus)

 

That Council receive a report on the outcome of the referral to the DECC and NRCMA.

 

 

 

 


QWN171/08 - Cr. Paula Flack - Crime Prevention Plan - Draft (Ref SF1195)

Council’s draft Crime Prevention Plan has been sitting on the NSW Attorney General’s desk since February 2007 and has yet to be endorsed. 

 

Without an endorsed plan Council is ineligible to apply for any grant under the AG Department’s Crime Prevent funding program. 

 

Has Council ever received a formal response to the draft, an explanation as to why it has not yet been endorsed or advice as to what needs to be addressed by Council to enable the AG to endorse the draft?

 

 

Response from Director Environment and Planning:

 

Following the Notice of Motion from Cr Hoban in January this year the following has occurred:

 

Enquiries were made with the Attorney General’s Office to ascertain their current position on the NSC Draft Crime Prevention Plan.

 

The AG’s office advised by email on 23 April 2008 that due to a number of organisational changes a new officer has been assigned to the Mid North Coast and in particular Nambucca Shire. They indicated that the Minister for Police had not yet provided a response or comment on the Draft Crime Prevention Plan.

 

20 & 23 June 2008 the AG’s Office was again contacted when the AG’s advised that they still had not received a response from the Minister for Police, and they had drafted a “stern letter to the Minister” seeking feedback.

 

24 June 2008, Council advised by the local area Police that they had no real problem with the Draft and that they had provided written comment back to their “boss” a few weeks earlier. The only suggestion being a possible update of Statistics.

 

This matter will be further pursued with a letter 8 August 2008.

 

 

 


General Manager Report

ITEM 9.1      SF959                070808      Outstanding Actions and Reports

616/08 RESOLVED:         (Nash/Ainsworth)

 

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

 

 

 

 


ITEM 9.2      SF708                070808      Grant Application Status Report

617/08 RESOLVED:         (Duffus/Moran)

 

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

 

Motion:      (Flack/Nash)

 

That given that the closing date for the grant regarding the finger wharf is 22 August 2008, this application not be lodged until Council has received a report on the details of the actual project and how it meets the criteria for the environment committee.

 

The motion was LOST.

 

 

 

 

 


ITEM 9.3      SF270                070808      Local Government Remuneration Tribunal - Determination of Councillor Remuneration Effective from 1 July 2008

618/08 RESOLVED:         (Nash/Ballangarry)

 

1        That Council adjust its Councillor Annual Fee and the additional Mayoral Allowance to the         maximum permitted for a Category 4 Council being $9,060 for each Councillor and $19,790       for the additional Mayoral Allowance.

 

2        That the change in fees be backdated to 1 July 2008 in accordance with the determination by     the Local Government Remuneration Tribunal.

 

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

 

 

 

 


Item 9.4 was dealt with under Delegations.

 

 

 

 

 

 

 

 

 


General Manager Report - LATE

ITEM L.1      SF484                070808      Alliance Tender for the Provision of a Corporate Software System

619/08 RESOLVED:         (Flack/Ainsworth)

 

That Council proceed with the proposed alliance tender for the supply, installation, training and annual maintenance of a corporate software system.

 

 

 

 


Late Item L.2 was dealt with under Delegations.

 

 

 

 

 


Director Environment and Planning Report

ITEM 10.1    SF640                070808      Local Government Reference Group to Monitor New Planning Laws

620/08 RESOLVED:         (Flack/Ballangarry)

 

That Council submit an Expression of Interest and nominate the Director of Environment and Planning to represent Nambucca Shire Council on this Reference Group.

 

 

 

 

 


ITEM 10.2    SF691                070808      Development and Complying Development Applications received 5-25 July 2008

621/08 RESOLVED:         (Moran/Duffus)

 

That the applications received 5-25 July 2008, be noted and received for information by Council.

 

 

 

 

 

 


ITEM 10.3    SF276                070808      Report on Aboriginal Community Advisory Committee Minutes 15 July 2008

622/08 RESOLVED:         (Flack/Ballangarry)

 

1          That Council note the current membership of the Aboriginal Community Advisory Committee being Councillors Martin Ballangarry and Paula Flack (Council delegates), Councillor Sue Nash (as an alternate delegate); Mrs Cathy Bula (Chairperson), Mr Gary Williams, Mr Robert Wilson, Ms Beryl Wilson, Ms Jennifer Rosser, Mr Colin Jarrett, Mr Semi Bula, Miss Paula Craig, Mr Barry Donovan, Mr Michael Donovan (Deputy Chairperson), and Mr Caine Rosser; and endorse the addition of Ms Mila Bula, and Ms Penny Stadhams as members.

 

2          That Council note the Aboriginal Community Advisory Committee’s support of the draft Workplace Equity and Diversity Strategy subject to the inclusion of an action that Council considers directly funding the two current positions within the community services section, being the Youth Worker and Community Development Officer, within 2 years.

 

3          That the remaining minutes of the Aboriginal Community Advisory Committee meeting held on 15 July 2008 be noted.

 

4          That a report come back to Council on an amended Workplace Equity and Diversity which includes the designation of at least two positions for aboriginal employment subject to the candidate being a suitable applicant.

 

Note:  Cr Duffus requested that his vote be recorded as against this resolution as he does not believe there should be designated positions for Aboriginal employment and that appointment should be on merit.

 

 

 

 


ITEM 10.4    SF285                070808      Report on Community Services Committee Annual General Meeting Minutes 8 July 2008

623/08 RESOLVED:         (Flack/Ainsworth)

 

That Council endorse the membership of its Community Services Committee which includes: Cr Flack (Chairperson), Ms Angie Evans and Ms Anne Smyth (Deputy Chairs); and committee members Cr Sue Nash, Ms Jenny Zirkler (Macksville Health Campus), Ms Ursula Donohue (DoCS), Ms Mari Webb, Mr Paul Sekfy (Neighbourhood Centre Coordinator), Ms Glenys Munro (NV Community Services Council Inc), Ms Kerrie Bowtell (TAFE Outreach), Ms Suzanne Homes (Centrelink), Mr Ross Chalmers (Ministry of Transport Regional Co-ordinator), Mr Glenn Robinson (Coffs Clarence Health Participation Forum) and Ms Denise Olsen (Nambucca Valley Children’s Group Inc and Family Support).

 

 

 

 


Councillor Suzanne Nash left the meeting 7.16 pm because of the discussion concerning Abigroup.

Councillor Suzanne Nash returned to the meeting after the completion of the item at 7.22 pm.

 

ITEM 10.5    SF285                070808      Report on Community Services Committee Minutes 8 July 2008

624/08 RESOLVED:         (Flack/Nash)

 

1          That Council write to the State Government to express its disappointment at the lack of funding in the recent state budget in regard to core community services funding, including Supported Accommodation Assistance Program (SAAP), the Community Services Grants Program (CSGP), non-government child sexual assault services, family support services and Neighbourhood Centres.

 

2          That the remaining minutes of the Community Services Committee meeting held on 8 July 2008 be noted.

 

 

 


 

 


ITEM 10.6    SF283                070808      Report on Access Committee Minutes 22 July 2008

625/08 RESOLVED:         (Waller/Ballangarry)

 

1          That Council endorse the membership of Mr Peter Shales to the Nambucca Shire Council Access Committee.

 

2          That Council staff review the access in and around the area between the Chinese Restaurant and Webb’s service station in Partridge Street Macksville with a view to improving accessibility in this area.

 

3        That the remaining minutes of the Access Committee meeting held on 22 July 2008 be noted.

 

 

 

 


ITEM 10.7    SF29                  070808      Report on Clarence Regional Library Strategic Plan

626/08 RESOLVED:         (Nash/Hoban)

 

That the matter be deferred until such time that a presentation is made to Council on the strategy. (It was suggested that a representative from Clarence Regional Library be invited to a Works Inspection meeting in September 2008.)

 

 

 


Note:  Meeting adjourned for a meal break at 7.30pm and returned at 8.00 pm.

 

 

Director Engineering Services Report

ITEM 11.1    RF440                070808      Bowra Street, Nambucca Heads - On Street Dining

Motion:      (Waller/Ainsworth)

 

That Council agree in principal to the fabrication and placement of a relocatable dining platform on two parking bays in front of Infusion Café to enable further consultation to be undertaken 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.

 

An amendment was moved on the motion of Cr Hoban seconded Cr Duffus:

 

That Council place a plan on public display the proposal under 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 amendment was carried and it became the motion and it was:

 

627/08 Resolved:         (Hoban/Duffus)

 

That Council agree to place on public display the proposal 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.

 

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

 

 

 

 


Councillor Michael Moran left the meeting at 8.09 pm.

Councillor Michael Moran returned to the meeting after the completion of the item at 8.10 pm.

 

ITEM 11.2    SF81                  070808      Nambucca Shire Local Emergency Management Committee

628/08 RESOLVED:         (Nash/Hicks)

 

That Council note the adopted composition of no change to the committee representation as currently exists.

 

 

 

 


ITEM 11.3    SF785                070808      Closed Circuit Television (CCTV) in Public Places

629/08 RESOLVED:         (Flack/Hoban)

 

That Council does not proceed with a Closed Circuit Television (CCTV) scheme in the local government area at this time.

 

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

 

 

 


     

 

ASKING OF QUESTIONS WITHOUT NOTICE

 

QWN169/08 - Cr. Rhonda Hoban - Strategic Planner--Attendance at Conference (Ref.1195)

Cr Hoban enquired if the Strategic Planner was addressing a conference in Sydney to which the Director Environment and Planning advised that the Strategic Planner had been invited to address the conference but declined the invitation.

 

 

 

 


QWN170/08 - Cr. Barry Duffus - Road Maintenance - South Arm Road (Ref 1195)

Cr Duffus requested the Director Engineering Services to check the state of the road up to South Arm as about 2 km of road is a disgrace and asked why all strips of bitumen were so narrow.

 

 

 

 


QWN171/08 - Cr. Barry Duffus - Sandbagging at Dr Fennell's Corner (Ref SF1195)

Cr Duffus enquired of the Director Engineering Services when this corner will be fixed as the sandbagging was done five months ago.

 

The Director Engineering Services advised that it has been difficult to find suitable contractors.

 

 

 


QWN172/08 - Cr. Barry Duffus - Scotts Head Developers (Ref SF1195)

Cr Duffus enquired why Scotts Head developers, Greg and Yvonne Wood, could not have their money refunded.

 

 

 

 


QWN173/08 - Cr. Barry Duffus - Gravel movement from Quarry (Ref SF1195)

Cr Duffus enquired how much stone was moved to Valla last year.

 

 

 

 


QWN174/08 - Cr. Michael Moran - Tank Water Drinkability (Ref SF1195)

Cr Moran enquired as to whether tank water is drinkable and requested staff to follow-up the relevant legislation.

 

 

 

 


QWN175/08 - Cr. Michael Moran - Deep Creek and Buchanan's Creek Bridges - New Highway Route  (Ref SF1195)

In response to a question from Cr Moran regarding whether the new Highway will impact on these bridges, the Director Engineering Services advised that they may not need to be replaced.

 

 

 

 


QWN176/08 - Cr. Michael Moran - River Street Macksville - Protection of River Bank (Ref SF1195)

In response to a question from Cr Moran in regard to how the riverbank at River Street Macksville will be protected in times of flood, the Director Engineering Services advised that there will be split level footpaths, small retaining walls beyond which there will be battering and vegetation planting.

 

 

 

 


QWN177/08 - Cr. Michael Moran - Maintenance of Fire Sheds (Ref SF1195)

Cr Moran enquired as to who is responsible for the maintenance of fire sheds.

 

The Director Engineering Services advised that Council does all the maintenance on fire sheds as they are Council’s buildings and funds are provided in the budget.  The rental on the fires sheds is free.  The Director also advised that Council is required to pay for the maintenance as a requirement under the Act.

 

 

 

 

 

 

 


 

 


COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

630/08 RESOLVED:         (Ainsworth/Waller)

 

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:

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    18260/2008         070808      Contribution from Mrs Mary Trisley and Mrs Kaye Peterkin for Site Remediation - Jellico Street, Macksville

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.

 

 

 

 

 


For Confidential Business Paper in Closed Meeting

ITEM 12.2    18385/2008         070808      Write off of Sundry Debtor Account - Former Council Surveyor, Keith Moore

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.

 

 

 

 

 


For Confidential Business Paper in Closed Meeting

ITEM 12.3    18675/2008         070808      Status Report for Hydrotherapy Pool and Gym - August 2008

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) (g) 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; AND the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

 

 


 

 


For Confidential Business Paper in Closed Meeting

ITEM  .1       19136/2008         070808      Headland Caravan Park Leasing Status      

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) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

 

 

 


 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 8.24 pm.

 

 

 

RESUME IN OPEN MEETING

631/08 RESOLVED:         (Duffus/Moran)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at  8.55 pm

 

 

 

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    18260/2008         070808      Contribution from Mrs Mary Trisley and Mrs Kaye Peterkin for Site Remediation - Jellico Street, Macksville

632/08 RESOLVED:         (Hoban/Ainsworth)

 

That Council accept the offer of $30,000 from Mrs Trisley as a contribution towards the cost of remediation of part Lot 2/D, Lot 3/D and Lot 4/D, DP8624.

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    18385/2008         070808      Write off of Sundry Debtor Account - Former Council Surveyor, Keith Moore

633/08 RESOLVED:         (Nash/Hoban)

 

That Council write off the sundry debt of $1,418.12 “owed” to Council by Mr Keith Moore.

 

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

 

 


For Confidential Business Paper in Closed Meeting

ITEM 12.4    19136/2008         070808      Headland Caravan Park Leasing Status      

634/08 RESOLVED:         (Moran/Ainsworth)

 

1          The information concerning staff meeting with Kelvest Pty Limited to review their performance under the Lease for the Headland Caravan Park be received.

 

2          That Council seek legal advice as to the action to be taken to remedy the breaches and/or terminate the lease.

 

3          That the Department of Lands be advised of Council’s action.

 

 

 

 


Cr Waller left the meeting at 8.39 pm.

For Confidential Business Paper in Closed Meeting

ITEM 12.3    18675/2008         070808      Status Report for Hydrotherapy Pool and Gym - August 2008

635/08 RESOLVED:         (Flack/Nash)

 

1        That Council defer Recommendations 1 to 10 because Council is in caretaker mode, with the exception of Recommendation 5 which is to be adopted.

 

5        That Council engage Royal Life Saving to conduct an aquatic facility safety assessment and determine the minimum recommended safety standards and operational guidelines having regard to the design of the Macksville Aquatic Centre.

 

 

 


 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 8.57 pm. 

 

Confirmed and signed by the Mayor on 21 August 2008.

 

 

 

 

CR GEORGE HICKS

MAYOR

(CHAIRPERSON)