minutes of the ordinary meeting of kempsey shire council€¦ · minutes of the ordinary meeting of...

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MINUTES OF THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL Tuesday 11 th November 2008 commencing at 9.00am PRESENT: Councillors J H Bowell (Mayor and Chairman), E A Campbell, E A Green, J A C Hayes, J C Gribbin, D F Saul, A D Snowsill, J A Sproule and E R Walker General Manager, A V Burgess; Director Shire Services, B J Morris; Director Sustainable Development Services, R B Pitt; Acting Director Corporate & Community Services, S J Read; Manager Administration, P J Hanrahan; and Minute Taker D M Pearson. OPENING PRAYER “Dear Lord, help us in our deliberations today so that our decisions will be for the greater good for the whole of Kempsey Shire - Amen”. DECLARATIONS OF INTEREST Councillor Hayes declared a non-pecuniary interest in item DCCS10 (Australia Day 2009) for the reason that she is the Administrator of the Kempsey showground at which function is proposed. Councillor Snowsill declared a non-pecuniary interest in item RM1 (2009 Seniors Week) for the reason that he works for the RSL Club which is mentioned on the report. CONSIDERATION OF CONFIDENTIAL REPORTS 2008. 752 RESOLVED: Moved: Cl. Green Seconded: Cl. Walker That the confidential reports be considered in the confidential section of the meeting. THIS IS PAGE 1 OF THE MINUTES OF THE ORDINARY MEETING OF THE KEMPSEY SHIRE COUNCIL HELD ON TUESDAY 11 TH NOVEMBER 2008.

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Page 1: MINUTES OF THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL€¦ · MINUTES OF THE ORDINARY MEETING OF ... MINUTES OF THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL ... That Council investigates

MINUTES OF THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL Tuesday 11th November 2008 commencing at 9.00am PRESENT: Councillors J H Bowell (Mayor and Chairman), E A Campbell, E A Green, J A C Hayes, J C Gribbin, D F Saul, A D Snowsill, J A Sproule and E R Walker General Manager, A V Burgess; Director Shire Services, B J Morris; Director Sustainable Development Services, R B Pitt; Acting Director Corporate & Community Services, S J Read; Manager Administration, P J Hanrahan; and Minute Taker D M Pearson.

OPENING PRAYER “Dear Lord, help us in our deliberations today so that our decisions will be for the greater good for the whole of Kempsey Shire - Amen”.

DECLARATIONS OF INTEREST Councillor Hayes declared a non-pecuniary interest in item DCCS10 (Australia Day 2009) for the reason that she is the Administrator of the Kempsey showground at which function is proposed. Councillor Snowsill declared a non-pecuniary interest in item RM1 (2009 Seniors Week) for the reason that he works for the RSL Club which is mentioned on the report. CONSIDERATION OF CONFIDENTIAL REPORTS

2008. 752 RESOLVED: Moved: Cl. Green Seconded: Cl. Walker

That the confidential reports be considered in the confidential section of the meeting.

THIS IS PAGE 1 OF THE MINUTES OF THE ORDINARY MEETING OF THE KEMPSEY SHIRE COUNCIL HELD ON TUESDAY 11TH NOVEMBER 2008.

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MINUTES OF THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL 14TH OCTOBER 2008

2008. 753 RESOLVED: Moved: Hayes Seconded: Green That the Minutes of the Ordinary Meeting of Kempsey Shire Council dated 14th October 2008 be confirmed.

COUNCIL ADDRESS Mr John Irving NSW Health addressed Council regarding fluoridation of water supply and answered Councillors questions.

2008. 754 RESOLVED: Moved: Cl. Hayes Seconded: Cl. Green 1. That Council, as a matter of urgency request the Minister for

Health to respond to Council’s correspondence sent following its 8th July meeting regarding 100% funding of the fluoridation capital costs.

2. That the Acting Chief Dental Officer be requested to arrange an

inspection with Council’s technical staff by Mr Vic James on behalf of NSW Health including the provision of a back up system.

3. That the Director Shire Services ensure Council’s responsibilities

are being complied with regarding the fluoridation. 4. That this matter be reported back to the 16th December Council

meeting.

CONSIDERATION OF LATE REPORTS

2008. 755 RESOLVED: Moved: Gribbin Seconded: Green That the late reports be considered in conjunction with the relevant Director’s reports.

ADOPTION OF AGENDA ORDER OF BUSINESS

2008. 756 RESOLVED: Moved: Cl. Bowell Seconded: Cl. Hayes That the following items be dealt with in conjunction;

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NOM1 and DCCS15 DCCS12 and GM3 MM8 and DR2 NOM2 and GM9 and the remaining Agenda Order of Business be adopted.

MAYORAL REPORT

MM1 AUSTRALIAN ROADS SUMMIT FILE: 165 MAYOR (NRN) {Folio No. 385190}

SUMMARY: Reporting that the Australian Roads Summit is scheduled to be held in Brisbane on 5th and 6th March 2009

2008. 757 RESOLVED: Moved: Cl. Bowell Seconded: Cl. Gribbin That Council does not register for the 2009 Australian Roads Summit.

MM2 PROMOTING BETTER PRACTICE FILE: 458 AVB (NRN) {Folio No. 385191}

SUMMARY: Reporting that the Department of Local Government completed a Review Report for Council in 2006

2008. 758 RESOLVED: Moved: Cl. Bowell Seconded: Cl. Saul That the General Manager submits a report to Council, as soon as possible, on the current situation and particularly on the matter of future focus

MM3 PROPOSED INDUSTRIAL LAND SOUTH KEMPSEY FILE: T5-81 MAYOR {Folio No. 385192}

SUMMARY: Reporting on the future activity in relation to the proposed industrial land at South Kempsey

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Mayoral Recommendation: It is proposed to contact the Minister for Planning Kristina Keneally MP in an endeavor to have a meeting in Sydney on Friday 13th February 2009 (Country Mayor’s Association Meeting) with a request for the matter to be fast tracked.

2008. 759 RESOLVED: Moved: Cl. Bowell Seconded: Cl. Green That the Minister for Planning Kristina Keneally MP be contacted with a request to have a meeting in Sydney on Friday 6th March 2009 (Country Mayor’s Association Meeting) with a request for the matter to be fast tracked.

MM4 MID NORTH COAST CORRECTIONAL CENTRE FILE: 275 SDS {Folio No. 385204}

SUMMARY: Reporting on the impact of the Centre on the economy of Kempsey Shire

2008. 760 RESOLVED: Moved: Cl. Bowell Seconded: Cl. Walker That the information be noted and referred to the attention of the Director Sustainable Development Services.

MM5 NATIONAL FIELD DAY – FARMED RABBIT INDUSTRIES OF AUSTRALIA FILE: 25 SDS {Folio No. 385206}

SUMMARY: Reporting on attendance at the Field Day held at the Kempsey Showground on Saturday, 25th October 2008.

2008. 761 RESOLVED: Moved: Cl. Bowell Seconded: Cl. Walker That the information be noted and referred to the Director Sustainable Development Services.

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MM6 AUSTRALIAN ANGLERS ASSOCIATION FILE: 56 SDS {Folio No. 385208}

SUMMARY: Reporting on a meeting with the Executive of the Association

2008. 762 RESOLVED: Moved: Cl. Bowell Seconded: Cl. Saul That the Director Sustainable Development Services consider an invitation to a volunteer Tourism Assistant from South West Rocks to attend the function in South Australia to promote South West Rocks and the Macleay Valley in respect to the 2011 Championship.

MM7 FUNCTIONS ATTENDED FILE: 380 MAYOR (NRN) {Folio No. 385215}

SUMMARY: Reporting on functions attended on behalf of Council.

2008. 763 RESOLVED: Moved: Cl. Bowell Seconded: Cl. Sproule That the information be noted. The following items MM8 and DR2 were dealt with in conjunction.

MM8 AUSTRALIAN COASTAL COUNCILS CONFERENCE FILE: 165 MAYOR (NRN) {Folio No. 385216}

SUMMARY: Reporting that the above conference is being convened by the National Sea Change Taskforce at Mandurah, Western Australia on 3rd and 4th March 2009

2008. 764 RESOLVED: Moved: Cl. Bowell Seconded: Cl. Saul That attendance at the Australian Coastal Councils Conference to be held at Mandurah, Western Australia be considered by Council at its meeting on Tuesday 16th December 2008.

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DR2

NATIONAL SEACHANGE TASKFORCE AGM FILE: 357 MAYOR {Folio No. 385227}

SUMMARY: Reporting on the National Seachange Taskforce Annual General Meeting held in Adelaide 22nd and 23rd October 2008.

Delegates Recommendation: 1. That Mayor Kym McHugh and CEO John Coombe from Alexandrina

Council be invited to visit Kempsey and deliver the paper referred to in the body of this report (in relation to the Cittaslow movement) to Council, MDAP, SPADCO, the Chambers of Commerce, the Business Women’s Network, the Regional Development Board and appropriate community groups.

2. That the Mayor and Cr Hayes be nominated to attend the

Australian Coastal Councils Conference on 3rd and 4th of March 2009 in Mandurah WA.

3. That the General Manager or his Nominee also be encouraged to

attend.

2008. 765 RESOLVED: Moved: Cl. Hayes Seconded: Cl. Green 1. That CEO John Coombe from Alexandrina Council be invited to

visit Kempsey and deliver the paper referred to in the body of this report (in relation to the Cittaslow movement) to Council, MDAP, SPADCO, the Chambers of Commerce, the Business Women’s Network, the Regional Development Board and appropriate community groups.

2. That Council make enquiries through State and Regional

Development as to whether other Local Government authorities have introduced or are considering introducing Cittaslow.

MM9 INDUSTRIAL AREA – WORKS PROGRAM FILE: 228 MAYOR COPY APC {Folio No. 385218}

SUMMARY: Reporting on a need to improve an area within an industrial (general) area of South Kempsey

Mayoral Recommendation: 1. That an estimate cost of the work required be prepared to allow

consideration of the work within the 2008 / 09 Works Program.

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2. That in the event the required improvements cannot be included

within the 2008 / 09 Works Program the matter be listed for consideration in the 2009 / 2010 Draft Budget.

2008. 766 RESOLVED: Moved: Cl. Bowell

Seconded: Cl. Green That the Mayoral Recommendation be adopted with the addition of; 3. That an audit be conducted of other kerb and gutter works in

industrial areas in the shire. MAYORAL REPORT - SUPPLEMENTARY

MM10 SUPP

KEMPSEY DISTRICT HOSPITAL FILE: 265 MAYOR {Folio No. 385400}

SUMMARY: Reporting on the result of an Occupational Health and Safety Inspection

Mayoral Recommendation: 1. That the attention of Mr Luke Hartsuyker MP, Member for Cowper,

be drawn to the Inspection Report with a request that the matter be referred to the Minister for Health, the Hon Nicola Roxon MP in consideration of the $10b Health and Hospital Program and the petition submitted by the community of Kempsey Shire.

2. That the State Minister for Health the Hon John Della Bosca MLC

be requested to give urgent consideration to the Inspection Report in conjunction with the 2006 Master Plan for Kempsey District Hospital.

3. That Mr Andrew Stoner MP, Member for Oxley be requested to

support Council’s representations to the Minister for Health the Hon John Della Bosca MLC.

2008. 767 RESOLVED: Moved: Cl. Bowell

Seconded: Cl. Saul 1. That the attention of Mr Luke Hartsuyker MP, Member for Cowper,

Mr Rob Oakeshott Member for Lyne and Senator Michael Forshaw be drawn to the Inspection Report with a request that the matter be referred to the Federal Minister for Health, the Hon Nicola Roxon MP in consideration of the $10b Health and Hospital Program and the petition submitted by the community of Kempsey Shire.

2. That the State Minister for Health the Hon John Della Bosca MLC

be requested to give urgent consideration to the Inspection Report in conjunction with the 2006 Master Plan for Kempsey

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District Hospital. 3. That Mr Andrew Stoner MP, Member for Oxley, Mr Rob Oakeshott

Member for Lyne and Senator Michael Forshaw be requested to support Council’s representations to the Minister for Health the Hon John Della Bosca MLC.

NOTICE OF MOTION The following items NOM1 and DCCS15 were dealt with in conjunction.

NOM1 “VIDEOFIED” SECURITY SYSTEM FILE: 1069 KEO {Folio No. 385220}

2008. 768 RESOLVED: Moved: Cl. Hayes

Seconded: Cl. Gribbin That Council investigates a security system called Videofied as a possible alternative to CCTV in those areas identified as having a particular issue with unsociable and unacceptable behaviour.

DCCS15 REPORTING ON THE COMMUNITY SAFETY AND CRIME PREVENTION OFFICER’S POSITION FILE: 584 CC:447 KEO (NRN) CC:APC {Folio No. 383383}

SUMMARY: Reporting on the identification of funds for the Community Safety and Crime Prevention Officer’s position

2008. 769 RESOLVED: Moved: Cl. Green Seconded: Cl. Gribbin 1. That the identified funds be allocated for the permanent position

of Community Safety and Crime Prevention for the remaining of 2008 / 2009.

2. That during budgetary preparations for the 2009 / 2010 financial

year provision is made for a permanent position of Community Safety and Crime Prevention Officer.

PRESENTATION At this stage 10.00am the Mayor made a presentation to members of the Youth Advisory Council in recognition of their work in winning the Mental Health Matters Award.

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The following items were dealt with in conjunction NOM2 and GM9.

NOM2 MEMBER FOR LYNE, THE HON ROB OAKESHOTT FILE: 90 MAYOR {Folio No. 385222}

MOVED: Moved: Cl. Hayes Seconded: Cl. *

1. That the Member for Lyne, the Honourable Rob Oakeshott be congratulated on his maiden speech in the Federal Parliament on Wednesday, 22 October 2008; and

2. That Council write to the Honourable Member for Lyne, Rob

Oakeshott expressing our desire to work positively and productively with him during his term in office.

GM9 SUPP

MEETING WITH LOCAL MEMBER FILE: 579 AVB {Folio No. 385342}

SUMMARY: To advise Council of the meeting held with the Member for Lyne, Rob Oakeshott.

General Manager’s Recommendation: That the information be noted.

MOVED: Moved: Cl. Hayes Seconded: Cl. Sproule 1. That the Member for Lyne, Mr Rob Oakeshott be congratulated on

his maiden speech in the Federal Parliament on Wednesday, 22nd October 2008; and

2. That Council write to the Member for Lyne, Mr Rob Oakeshott

expressing our desire to work positively and productively with him during his term in office.

3. That Council seek Mr Oakeshott’s support on the redevelopment of

Kempsey Hospital Council’s submission on the funding of the Bellbrook water treatment plant and the allocation of funding under Closing the Gap Program.

An AMENDMENT was MOVED: Moved: Cl. Bowell Seconded: Cl. Gribbin That Council write to the Member for Lyne, Mr Rob Oakeshott expressing our desire to work positively and productively with him during his term in office.

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The AMENDMENT was PUT to the Meeting and was LOST. An AMENDMENT was MOVED: Moved: Cl. Saul Seconded: Cl. * 1. That council notes the Member for Lyne, Rob Oakeshott’s maiden

speech to the Federal Parliament. 2. That Council write to Mr Oakeshott expressing disappointment

that the Member made the upgrade of Port Macquarie hospital his number one priority.

3. Further that Council regrets the Member for Lyne’s lack of support

for the redevelopment of the Kempsey Hospital. The AMENDMENT LAPSED for want of a SECONDER.

2008. 770 The MOTION was PUT to the MEETING and was CARRIED.

Councillors Gribbin and Saul recorded their votes against the foregoing Resolution.

NOM3 INVITATION TO COUNTRY ENERGY TO ATTEND 16 DECEMBER 2008 COUNCIL MEETING

FILE: 786 MAYOR {Folio No. 385223}

2008. 771 RESOLVED: Moved: Cl. Sproule

Seconded: Cl. Gribbin That Council invites Country Energy’s Mr Andrew Latta, Regional General Manager and Mr Garry Woods, Area Manager to address the 16th December 2008 meeting of Council to provide an update on issues of safety, customer service and sustainability relevant to the Kempsey Local Government.

NOM4 END OF YEAR FUNCTION FOR COUNCIL STAFF FILE: 230 COPY 447 MAYOR (NRN) {Folio No. 385225}

2008. 772 RESOLVED: Moved: Cl. Saul

Seconded: Cl. Gribbin That the Council Staff Social clubs be advised that Council is considering in the 2009 / 2010 Draft Budget for an appropriate amount for a suitable end of year function for the staff of Kempsey Shire Council and seeks their comments on a staff / council funded function.

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RESCISSION MOTION Councillor Snowsill declared an interest in the following item for the reason that that he works for the RSL Club which is mentioned on the report. Councillor Snowsill remained in the Chamber during this item.

RM1 2009 SENIORS WEEK FILE: 467 KEO (NRN) {Folio No. 385433}

2008. 773 RESOLVED: Moved: Cl. Green

Seconded: Cl. Campbell

That resolution number 2008.725 from the Ordinary Meeting held 14th October 2008, as printed below; "That Council continue to hold a luncheon at the RSL Club for

Seniors Week for 2009 and further venues be investigated for other activities in conjunction with the luncheon."

be rescinded.

2008. 774 RESOLVED: Moved: Cl. Green Seconded: Cl. Campbell

That the Director Corporate and Community Services investigate Seniors

Week activity options and venues to spread activities across the week. Councillor Gribbin recorded his vote against the foregoing Resolution.

At this stage 10.30 a.m. the Meeting adjourned for Morning Tea and upon resumption at 10.46 a.m. all present at the adjournment were in attendance.

DELEGATE'S REPORT

DR1

COMMUNITY HOUSING MID NORTH COAST FILE: 79 MAYOR (NRN) {Folio No. 385226}

SUMMARY: Reporting on the Annual General Meeting of the Board of Community Housing Mid North Coast.

2008. 775 RESOLVED: Moved: Cl. Hayes Seconded: Cl. Sproule That the information be noted.

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DR2

NATIONAL SEACHANGE TASKFORCE AGM FILE: 357 MAYOR {Folio No. 385227}

This report was dealt with earlier in the meeting just after MM8. DIRECTOR SUSTAINABLE DEVELOPMENT SERVICES REPORT

DSDS1 INSTALLATION OF RELOCATABLE HOMES & ASSOCIATED STRUCTURES FILE: LA 11308 SDS {Folio No. 385228}

SUMMARY: Reporting that an application to install moveable dwellings and associated structures at Stuarts Point Caravan Park has been received that requires a variation to Council’s Flood Risk Management Policy.

2008. 776 RESOLVED: Moved: Cl. Green Seconded: Cl. Walker That Council agree to vary the provision of the Flood Risk Management Policy for Stuarts Point Caravan Park and approve the relocatable homes subject to the following conditions:- a) Update the existing flood emergency response plan for this park; b) The floor level of the proposed relocatable homes is to be a

minimum of 2.5 m AHD (1 in 100 Flood Level); c) The applicants Structural Engineer is to certify that the proposed

relocatable homes have been designed to withstand the forces created by floodwaters, debris loadings, buoyancy and that there is no unacceptable hazard from floodwaters passing between buildings;

d) The relocatable homes are to be designed, constructed and

installed in accordance with the relevant requirements of Division 4 Local Government (Manufactured Home Estate, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

A Division resulted in the following votes. F = Voted For A = Voted Against Bowell F Campbell F Green F Gribbin F Hayes F Saul F Snowsill F Sproule F Walker F

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DSDS2 PROPOSED MOBILE HOME ESTATE NORTH SHORE, PORT MACQUARIE FILE: T6-08-57 SDS {Folio No. 385230}

SUMMARY: Reporting that Port Macquarie Hastings Council has received additional information relating to a proposal development on the North Shore

Director Sustainable Services Department Recommendation: A. That Council resolve to continue to object to the proposed Mobile

Home Estate at North Shore, Port Macquarie and that the application be refused on the basis that:-

(a) The proposal is likely to result in the deterioration of Maria

River Road and Crescent Head Road for which insufficient information has been provided.

(b) Insufficient information has been provided in relation to

where it is proposed to construct the proposed movable dwellings in order to determine the impacts on Kempsey Shire Council’s road network.

(c) Insufficient has been provided to determine the likely

impacts on Kempsey Shire Council’s infrastructure of an additional 441 dwellings at the end of Maria River Road.

(d) Maria River Road is inadequate to service the development

and would suffer significant deterioration. B. That Port Macquarie Hastings Council be advised that if it is of a

mind to approve the development that further consultation be undertaken with Kempsey Shire Council relating to the imposition of a condition requiring a contribution towards Maria River Road in accordance with Section 94C of the EP&A Act 1979.

REMEMBRANCE DAY – 1 MINUTE SILENCE At 11.00am the Council meeting observed 1 minute silence in remembrance of the sacrifices made by those who have died for Australia in wars and conflicts.

2008. 777 RESOLVED: Moved: Cl. Hayes Seconded: Cl. Green A. That Council resolve to continue to strenuously object to the

proposed Mobile Home Estate at North Shore, Port Macquarie and

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that the application be refused on the basis that:-

(a) The proposal is likely to result in the deterioration of Maria River Road and Crescent Head Road for which insufficient information has been provided.

(b) Insufficient information has been provided in relation to

where it is proposed to construct the proposed movable dwellings in order to determine the impacts on Kempsey Shire Council’s road network.

(c) Insufficient has been provided to determine the likely

impacts on Kempsey Shire Council’s infrastructure of an additional 441 dwellings at the end of Maria River Road.

(d) Maria River Road is inadequate to service the development

and would suffer significant deterioration. B. That Port Macquarie Hastings Council be advised that if it is of a

mind to approve the development that further consultation be undertaken with Kempsey Shire Council relating to the imposition of a condition requiring a contribution towards Maria River Road in accordance with Section 94C of the EP&A Act 1979.

C. That the Director be requested to respond to the email from DEX

Consulting and the issues raised. D. That the Mayor and the General Manager or Director meet with

the Administrator of Port Macquarie Hastings Council Mr Dick Perrson to express our grave concerns and the meeting be held at Maria River Road.

A Division resulted in the following votes. F = Voted For A = Voted Against Bowell F Campbell F Green F Gribbin F Hayes F Saul F Snowsill F Sproule F Walker F

DSDS3 STATE OF ENVIRONMENT REPORT 2007 / 08 – SUPPLEMENTARY REPORT FILE: 715 SDS {Folio No. 385231}

SUMMARY: Reporting that the Kempsey Shire Supplementary State of the Environment (SoE) Report for the 2007 / 08 has been prepared for submission to the Department of Local Government (DLG)

2008. 778 RESOLVED: Moved: Cl. Saul Seconded: Cl. Green

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That the information be noted. A Division resulted in the following votes. F = Voted For A = Voted Against Bowell F Campbell F Green F Gribbin F Hayes F Saul F Snowsill F Sproule F Walker F

DSDS4 BUILDING AND DEVELOPMENT

FILE: 329 SDS

SUMMARY: Reporting that the following applications have been approved:

2008. 779 RESOLVED: Moved: Cl. Walker Seconded: Cl. Hayes That the information be noted. A Division resulted in the following votes. F = Voted For A = Voted Against Bowell F Campbell F Green F Gribbin F Hayes F Saul F Snowsill F Sproule F Walker F

DIRECTOR SHIRE SERVICES REPORT

DSS1 SPORTING FIELDS ACCESS ROADS FILE: 447 CC: R FLANAGAN ST, LA10185 KLB (NRN) CC: APC {Folio No. 385232}

SUMMARY: Reporting on the status and condition of access roads into the Shire’s sporting fields.

2008. 780 RESOLVED: Moved: Cl. Green Seconded: Cl. Sproule 1. That funding of $9,000 be included in the 2009 / 2010 Capital

Works Program for Sporting Fields to upgrade the unfunded portion of the access road to Frederickton Sporting Fields.

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2. That funding of $11,000 be included in the 2009 / 2010 Capital

Works Program for Sporting Fields to upgrade the unfunded access road into the Willawarrin Sporting Fields.

3 That a new line item be included in the 2009 / 2010 Sporting

Field Asset Management Program – Routine called Maintenance Grading of Access Roads with an annual budget of $1,500.00.

DSS2 GRANTS TO LOCAL GOVERNMENT FOR PLAYGROUND UPGRADES ROUND 1 FILE: 101 KLB (NRN) {Folio No. 385238}

SUMMARY: Reporting on the success of a grant application submitted in April 2008 for improvements to the skate park in Belgrave Street, Kempsey.

2008. 781 RESOLVED: Moved: Cl. Sproule Seconded: Cl. Hayes That $4,650 be transferred from Annual Sporting Proposals to a new Job Number called Upgrade Kempsey Skate Park.

DSS3 WASTE INTO ART 2008 FILE: 1009, COPY 40 OGM (NRN) {Folio No. 385240}

SUMMARY: Completion of the 2008 Waste into Art competition held across June to October 2008.

Director Shire Services Recommendation: That the program Waste Into Art be approved to run as an annual event in 2009 and beyond as an educational tool for the betterment of the Macleay community and Kempsey Shire Council.

2008. 782 RESOLVED: Moved: Cl. Saul Seconded: Cl. Green 1. That the program Waste Into Art be approved to run as an annual

event in 2009 and beyond as an educational tool for the betterment of the Macleay community and Kempsey Shire Council.

2. That the Department of Environment and Climate Change and Arts

NSW be requested to take this display on their tour to educate the communities.

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3. That all involved in the Waste Into Art be congratulated.

DSS4 MACLEAY WATER WORKS PROGRAMME FILE: 153 AMB (NRN) {Folio No. 385242}

SUMMARY: Reporting on the Macleay Water Works Programme for 2008 - 09

2008. 783 RESOLVED: Moved: Cl. Saul Seconded: Cl. Gribbin That the information be noted.

DSS5 THUNGUTTI WATER SUPPLY AND SEWERAGE SYSTEMS FILE: 377 AMB {Folio No. 385243}

SUMMARY: This report provides an update on progress with regards the Thungutti water supply and sewerage services at Bellbrook.

2008. 784 RESOLVED: Moved: Cl. Gribbin Seconded: Cl. Sproule That the information be noted.

DSS6 FILLING OF STEUART MCINTYRE DAM FILE: 632 AMB (NRN) {Folio No. 385244}

SUMMARY: Reporting the progress of the filling operation of Steuart McIntyre Dam

Director Shire Services Recommendation: That the information be noted.

2008. 785 RESOLVED: Moved: Cl. Hayes Seconded: Cl. Green 1. That the information be noted. 2. That testing for heavy metals be carried out by Council in the

upper, middle and lower reaches of the Macleay River under

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advisement from the appropriate authority.

DSS7 MARIA RIVER ROAD, CRESCENT HEAD FILE: 197 CC: R.MARIA RIVER GAW (NRN) {Folio No. 385245}

SUMMARY: Reporting on the progress of the reconstruction of Maria River Road

2008. 786 RESOLVED: Moved: Cl. Green Seconded: Cl. Gribbin That the information be noted.

DSS8 APPLICATION ERECT TWO PUBLIC GATES AND ONE GRID – TOOSE ROAD, BELLBROOK FILE: 27 CC: LA17426, LA17402 MJT {Folio No. 385246}

SUMMARY: Reporting on an application to erect two Public gates and one (1) grid on Toose Road, Bellbrook

2008. 787 RESOLVED: Moved: Cl. Hayes Seconded: Cl. Green That the General Manager be delegated authority to determine the application upon the applicant providing the following evidence: 1. That the applicant supply to Council a surveyor’s report of the

subject land to which the gates and grid are to be erected and the coordinates of the gates and grids be recorded on such document.

2. That the applicant supply to Council a copy of the title deeds or

other legal proof of ownership of the subject lands that adjoin the road reserve where the proposed public gates and / or grid is to be erected. If the applicant is found to own the land on one side of the road reserve only, then written consent of the owner or owners of the land on the other side of the road must be obtained by the applicant and supplied to Council.

3. Evidence that a lateral fence will be erected to and from the gate

and / or grid constructed on the road reserve.

DSS9 MIXED SOLID WASTE AND GREEN WASTE TENDER FILE: T2008-001 BJM (NRN) {Folio No. 385248}

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SUMMARY: Reporting on the Mixed Solid Waste and Green Waste Tender as awarded J R Richards at Councils meeting of 14th October 2008.

2008. 788 RESOLVED: Moved: Cl. Green Seconded: Cl. Hayes That the information be noted. DIRECTOR SHIRE SERVICES SUPPLEMENTARY REPORT

DSS10 SUPP

RAYMONDS LANE WATERMAIN, FREDERICKTON FILE: 1148 SLM (NRN) {Folio No. 385434}

SUMMARY: Reporting the options for the replacement of an existing water supply services at Great North Road, Frederickton

2008. 789 RESOLVED: Moved: Cl. Hayes Seconded: Cl. Green That the information be noted.

DSS11 SUPP

CRESCENT HEAD WATER SUPPLY DAM FILE: 603 CC:1250 AMB {Folio No. 385435}

SUMMARY: Reporting on potential water supply issues resulting from the deteriorating state of the Crescent Head water storage Dam

Director Shire Services Recommendation: That Level 1 water restrictions be implemented at Crescent Head as a precautionary measure from 15th December 2008 to 1st February 2009 inclusive.

2008. 790 RESOLVED: Moved: Cl. Hayes Seconded: Cl. Sproule 1. That Level 1 water restrictions be implemented at Crescent Head

as a precautionary measure from 15th December 2008 to 1st February 2009 inclusive.

2. That the Crescent Head community be advised through a

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letterbox drop.

DSS12 SUPP

TURNERS FLAT BRIDGE FILE: 680 MJT (NRN) {Folio No. 385454}

SUMMARY: Report on resolution 2008.685 at Council’s ordinary meeting on 14th October 2008 “That investigations begin on the costing of the replacement of the current Turners Flat Bridge to be made an all weather bridge.”

2008. 791 RESOLVED: Moved: Cl. Saul Seconded: Cl. Walker That the information be noted

DSS13 SUPP

HAT HEAD SEWAGE TREATMENT PLANT – AERATION GRID REPLACEMENT PROGRESS FILE: 217 AMB (NRN) {Folio No. 385458}

SUMMARY: Reporting on the progress of the aeration grid replacement at Hat Head Sewage Treatment Plant

Director Shire Services Recommendation: That the information be noted.

2008. 792 RESOLVED: Moved: Cl. Sproule Seconded: Cl. Green That the Director Shire Services recommendation be adopted with the addition of; 2. That Mr and Mrs James be advised of the current situation

regarding alternative methods of waste disposal on their property.

DSS14 SUPP

KILLICK CREEK – ARTIFICIAL OPENING FILE: 208 BJM {Folio No. *}

2008. 793 RESOLVED: Moved: Cl. Hayes

Seconded: Cl. Green That this item be deferred until after lunch.

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DIRECTOR CORPORATE AND COMMUNITY SERVICES REPORT

DCCS1 STATEMENT OF BANK BALANCES AS AT 31st OCTOBER 2008 FILE: 1028 APC

SUMMARY: Reporting on the Statement of Bank Balances as at 31st October 2008

2008. 794 RESOLVED: Moved: Cl. Hayes Seconded: Cl. Green That the information be noted.

DCCS2 STATEMENT OF INVESTMENTS AS AT 31st OCTOBER 2008 FILE: 303 APC (NRN)

SUMMARY: Reporting on the Statement of Investments as at 31st October 2008

2008. 795 RESOLVED: Moved: Cl. Green Seconded: Cl. Hayes That the information be noted.

DCCS3 FLEET MANAGEMENT FILE: 151 CAD (NRN) {Folio No. 385249}

SUMMARY: The Fleet Management Business Plan adopted by Council requires that Council be advised of Plant purchases each month.

2008. 796 RESOLVED: Moved: Cl. Sproule Seconded: Cl. Green That the information be noted.

DCCS4 PROPOSAL FOR COUNCIL MEETINGS TO BE FULLY ELECTRONIC FOR COUNCILLORS FILE: 496 PJH (NRN) {Folio No. 385250}

SUMMARY:

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Reporting on the options for Councillors to have electronic agendas at Council meetings

Director Corporate & Community Services Recommendation: That Council trial electronic agendas for Councillors at the December Council meeting with the agenda being provided in CD format in accordance with Option 2 in the report.

2008. 797 RESOLVED: Moved: Cl. Hayes Seconded: Cl. Gribbin 1. That the status quo remain regarding the agendas for Councillors

and that those Councillors who wish to have electronic agendas be provided with them.

2. That the staff be thanked for this report.

DCCS5 FORMATION OF SALEYARDS FOCUS GROUP FILE: 255 SJR (NRN) {Folio No. 385251}

SUMMARY: Proposed formation of a Kempsey Regional Saleyards Focus Group

Director Corporate & Community Services Recommendation: That a focus group be established to discuss the development and future options for the Kempsey Regional Saleyards. MOVED: Moved: Cl. Hayes Seconded: Cl. Walker That the Director Corporate & Community Services recommendation be adopted. An AMENDMENT was MOVED: Moved: Cl. Gribbin Seconded: Cl. * That this matter be deferred until an audit has been conducted on the Saleyards. The AMENDMENT LAPSED for want of a SECONDER.

2008. 798 The MOTION was PUT to the MEETING and was CARRIED. Councillor Gribbin recorded his vote against the foregoing Resolution.

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DCCS6 GRAFITTI BUSTER OPPORTUNITY FILE: 657 COPY 447 SJR {Folio No. 385252}

SUMMARY: Reporting on the sourcing of funding for the commencement of a Graffiti Buster initiative within the Macleay Valley

Director Corporate & Community Services Recommendation: 1. That Council allocates funding up to $30,000 to commence a

‘Graffiti Buster’ service from savings identified in the September quarterly budget review.

2. That Council writes to Mr Wright and Mr Phillips to graciously

accept the offer of voluntary labor toward the establishment of a ‘Graffiti Buster’ service for the Macleay Valley.

3. That Council formally thanks Great Lakes Council for their support

of this project.

2008. 799 RESOLVED: Moved: Cl. Hayes Seconded: Cl. Green That the Director Corporate & Community Services recommendation be adopted with the addition of; 4. That one of the first projects be cleaning of the water towers at Big

Nobby Crescent Head.

DCCS7 CAR PARKING IN WEST KEMPSEY FILE: 188 SJR {Folio No. 385253}

SUMMARY: Reporting on provision of pedestrian access to Elbow Street from Edinburgh Lane

Director Corporate & Community Services Recommendation: That the Town Centre Masterplan Committee further investigate development opportunities which enhance pedestrian access between Elbow Street and Edinburgh Lane

2008. 800 RESOLVED: Moved: Cl. Hayes Seconded: Cl. Walker That the information be noted and this report be referred to the Director Sustainable Development Services.

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DCCS8 MINOR CAPITAL FUNDING FOR COMMUNITY OPTIONS PROGRAM FILE: 543 JLM {Folio No. 385254}

SUMMARY: Reporting on Non-Recurrent Funding for the Community Options Program from the Department of Ageing, Disability and Home Care.

2008. 801 RESOLVED: Moved: Cl. Hayes Seconded: Cl. Green That the funding be accepted and that the Council seal be placed on the funding agreement with the Department of Ageing, Disability and Home Care.

DCCS9 CONSUMPTION OF ALCOHOL ON PUBLIC RESERVES POLICY FILE: 744 KEO (NRN) {Folio No. 385256}

SUMMARY: Reporting on the updated Policy with respect to the Consumption of Alcohol on Public Reserves (C21:5).

2008. 802 RESOLVED: Moved: Cl. Saul Seconded: Cl. Walker 1. That policy No. C21:5 “Consumption of Alcohol on Public Reserves”

be amended as per the draft Policy submitted for consideration with this report.

2. That the Amended Policy be placed on public exhibition for a

period of 28 days. 3. That following the Public Exhibition period that a further report be

submitted to Council. Councillor Hayes declared a non-pecuniary interest in the following item for the reason that that she is the Administrator of the Kempsey showground at which the function is proposed. Councillor Hayes remained in the Chamber during this item.

DCCS10 AUSTRALIA DAY 2009 FILE: 247 MLB {Folio No. 385257}

SUMMARY:

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Reporting on options for the 2009 Australia Day Celebrations

Director Corporate & Community Services Recommendation: For determination of Council MOVED: Moved: Cl. Green Seconded: Cl. Gribbin That Council adopt option 1 for the 2009 Australia Day celebration. An AMENDMENT was MOVED: Moved: Cl. Hayes Seconded: Cl. Sproule That Council adopt option 3 for the 2009 Australia Day celebration and that a costing for a marquee be included in the option. The AMENDMENT was PUT to the Meeting and was LOST. An AMENDMENT was MOVED: Moved: Cl. Saul Seconded: Cl. * That Council adopt option 2 for the 2009 Australia Day celebration The AMENDMENT LAPSED for want of a SECONDER. An AMENDMENT was MOVED: Moved: Cl. Walker Seconded: Cl. Campbell That Council adopt option 4 for the 2009 Australia Day celebration with the inclusion of a flag raising and the Kempsey Silver Band.

2008. 803 The AMENDMENT was PUT to the MEETING and was CARRIED, became the MOTION and was CARRIED. Councillors Green and Gribbin recorded their votes against the foregoing Resolution.

DCCS11

ESTABLISHING ALCOHOL FREE ZONES FILE: 744 MLB {Folio No. 385259}

SUMMARY: Reporting on the progress with the erection of Alcohol Free Zones through out the Kempsey Shire

Director Corporate & Community Services Recommendation: 1. That Council establishes an Alcohol Free Zone at West Kempsey

CBD for a period of three (3) years commencing on the 1st December 2008.

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2. That Council establishes an Alcohol Free Zone at Hat Head from the

1st December to 31st January for a period of three (3) years commencing on the 1st December 2008.

3. That Council gives public notice of the establishment of the Alcohol

Free Zones at least seven (7) days prior to the commencement of the Alcohol Free Zones.

2008. 804 RESOLVED: Moved: Cl. Saul

Seconded: Cl. Green That the Director Corporate & Community Services recommendation be adopted with the addition of; 4. That Council seek discussions with the Police regarding the

provision of alcohol from other than licensed premises The following items DCCS12 and GM3 were dealt with in conjunction.

DCCS12 SOCIAL STRATEGIC PLANNING COMMITTEE FILE: 766 KEO (NRN) {Folio No. 385264}

SUMMARY: Reporting on a review of the operation of the Social Strategic Planning Committee

Director Corporate & Community Services Recommendation: 1. That that the Social Strategic Planning Committee remain

suspended pending the review of the existing Social Plan and the formation of the new Community Development Plan.

2. That the existing working party structure continues to operate and

provide reports and recommendations to the Director. 3. That the existing Social Plan be reported to Council on a quarterly

basis.

2008. 805 RESOLVED: Moved: Cl. Green Seconded: Cl. Campbell That the report be noted.

GM3

COMMITTEE STRUCTURE FILE: 584 AVB {Folio No. 385294}

SUMMARY: To present a proposal for a new Committee Structure

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General Manager’s Recommendation: 1. That delegates be appointed to:

- Aged Care South West Rocks - Bush Fire Management Committee - Community Tenancy Association - Hospital Action Group - Kempsey District Silver Band - Macleay River Historical Society - Melville Community Centre Management Committee - Mid North Coast Regional Arts Board - School of Rural Health North Coast Division - Yarrahappini Wetlands Reserve Working Party - Local Traffic Committee - Aboriginal Liaison Committee

2. That Council establish four core Committees:

- Ecological Sustainability Committee - Economic Sustainability Committee - Social Cultural and Community Relations Committee - Infrastructure Committee

and each Committee have two Councillor delegates with the Mayor ex officio. MOVED: Moved: Cl. Green Seconded: Cl. Hayes 1. That delegates be appointed to:

- Bush Fire Management Committee - Community Tenancy Association - Hospital Action Group - Macleay River Historical Society - Melville Community Centre Management Committee - Mid North Coast Regional Arts Board - Yarrahappini Wetlands Reserve Working Party - Local Traffic Committee - Rural Fire Services Zone Liaison Committee

2. That Council establish four core Committees:

- Ecological Sustainability Committee (3 delegates) - Economic Sustainability Committee (3 delegates) - Social Cultural and Community Relations Committee (2

delegates) - Infrastructure Committee (3 delegates)

3. That Council invite community representatives to serve on the

working parties. 4. That the Macleay Development and Promotion Board and all

working parties be reviewed in September 2009. 5. That under the Infrastructure Committee the Stuarts Point

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Sewerage Liaison Committee be deleted and water focus groups be formed as required.

6. That the Wigay Cultural Committee be the responsibility of the

Social Cultural and Community Relations Committee. An AMENDMENT was MOVED: Moved: Cl. Sproule Seconded: Cl. Walker 1. That the status quo remain with the deletion of;

• Aged Care SWR • Kempsey District Silver Band • School of Rural Health North Coast Division • Stuarts Point Sewerage Liaison Committee

and the addition of Rural Fire Service Zone Liaison Committee.

2. That each committee and delegate representation be reviewed on

an annual basis. 3. That the membership and efficacy of each committee be reviewed

as necessary. 4. That the appointment of delegates be undertaken at the 16th

December Ordinary meeting.

2008. 806 The AMENDMENT was PUT to the MEETING and was CARRIED, became the MOTION and was CARRIED.

DCCS13 REPORT ON STATE PLAN UPDATE 2008 FILE: 579 KEO (NRN) {Folio No. 385265}

SUMMARY: Report on the State Plan Update 2008.

2008. 807 RESOLVED: Moved: Cl. Green Seconded: Cl. Campbell That the information be noted.

DCCS14 HACC SUB LICENCE AGREEMENT FILE: 543 AF (NRN) {Folio No. 385280}

SUMMARY: Reporting on the requirement for Council to authorise the affixing of the seal

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2008. 808 RESOLVED: Moved: Cl. Green Seconded: Cl. Sproule That Council’s seal be affixed to the DADHC Sub Licence Agreement.

DCCS15 REPORTING ON THE COMMUNITY SAFETY AND CRIME PREVENTION OFFICER’S POSITION FILE: 584 CC:447 KEO (NRN) CC:APC {Folio No. 383383}

This report was dealt with earlier in the meeting just after NOM1.

DCCS16 CUSTOMER SERVICE IMPROVEMENTS FILE: 458 KEO (NRN) {Folio No. 385281}

SUMMARY: Reporting on the implementation of a new procedure for recording details of our customers who need to have staff return their call.

Director Corporate & Community Services Recommendation: That the information be noted.

2008. 809 RESOLVED: Moved: Cl. Green Seconded: Cl. Hayes That Director Corporate & Community Services recommendation be adopted with the addition of; 2. That the staff be congratulated on their work.

DCCS17

FINANCIAL STATEMENT FOR THE PERIOD TO 30 SEPTEMBER 2008 FILE: 321 APC (NRN) {Folio No. 385285}

SUMMARY: Reporting that the Budget Review for the quarter ending 30th September 2008 has been prepared for all funds

Director Corporate & Community Services Recommendation: That the Budget Review for the period ending 30th September 2008 be adopted and the variations contained therein be approved and financed from the sources as indicated.

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2008. 810 RESOLVED: Moved: Cl. Green Seconded: Cl. Sproule That the Budget Review for the period ending 30th September 2008 be adopted and the variations contained therein be approved and financed from the sources as indicated and Council endeavor to increase its working funds balance to $1,000,000. At 12.40pm Mr Geoff Dwyer from Council’s auditors Thomas Noble and Russell gave a presentation on Council’s 2007 / 08 Financial Statements and Auditor’s Report.

DCCS18 PRESENTATION OF THE 2007 / 08 FINANCIAL STATEMENTS AND AUDITOR’S REPORT FILE: 321 APC (NRN) {Folio No. 285288}

SUMMARY: Reporting on the 2007 / 2008 financial statements and auditor's report

Director Corporate & Community Services Recommendation: That the Auditors Report for the year ended 30th June 2008 be received.

2008. 811 RESOLVED: Moved: Cl. Green Seconded: Cl. Bowell That the Director Corporate & Community Services recommendation be adopted with the addition of; 2. That the General Manager and Staff be congratulated for the work

done in preparing the financial statements for the audit. 3. Mr Geoff Dwyer be thanked for his presentation.

At this stage 1.15 p.m. the Meeting adjourned for Luncheon and upon resumption at 1.46 p.m. all present at the adjournment were in attendance.

The following item was deferred from earlier in the meeting.

DSS14 SUPP

KILLICK CREEK – ARTIFICIAL OPENING FILE: 208 BJM {Folio No. *}

SUMMARY:

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Reporting on the need to determine a budgetary allocation to artificially open Killick Creek at Crescent Head and potentially other intermittently open and closed lake or lagoon systems (ICOLLs) within the Kempsey Local Government area

Director Shire Services Recommendation: 1. That Council provide a discrete budgetary allocation of $40,000

for the artificial opening of Killick Creek, Crescent Head, with these funds allocated from either working funds or savings at future quarterly reviews.

2. That Council establishes a system to warn users of the creek

when water quality standards are breached. 3. That Council’s Coastal and Estuary Management Committee

investigate the impact of the Flood Mitigation structures that have the potential to impact on Killick Creek.

4. That Council considers a budgetary allocation for mechanical

intervention at other ICOLLs within the Local Government area in future Management Plans.

2008. 812 RESOLVED: Moved: Cl. Hayes

Seconded: Cl. Green 1. That Council provide a discrete budgetary allocation of $40,000

for the artificial opening of Killick Creek, Crescent Head, with these funds allocated from either working funds or savings at future quarterly reviews.

2. That Council establishes a system to warn users of the creek

when water quality standards are breached. 3. That Council’s Coastal and Estuary Management Committee be

provided with a copy of this report and be requested to investigate the current impact on Killick Creek and the Flood Mitigation structures.

4. That Council considers a budgetary allocation for mechanical

intervention at other ICOLLs within the Local Government area in future Management Plans.

GENERAL MANAGER'S REPORT

GM1 OUTSTANDING REPORTS / RESOLUTIONS FILE: 149 AVB (NRN) {Folio No. 385290}

SUMMARY: Council’s report on outstanding reports and resolutions

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2008. 813 RESOLVED: Moved: Cl. Hayes Seconded: Cl. Green That the information be noted.

GM2 WORKS PROGRAM FILE: 153 AVB (NRN) {Folio No. 285292}

SUMMARY: To outline progress of the capital works program for the 2008 / 09 year

2008. 814 RESOLVED: Moved: Cl. Walker Seconded: Cl. Sproule That the information be noted.

GM3

COMMITTEE STRUCTURE FILE: 584 AVB {Folio No. 385294}

This report was dealt with earlier in the meeting just after DCCS12.

GM4

COUNCILLOR TRAINING FILE: 163 AVB (NRN) {Folio No. 385297}

SUMMARY: To advise Councillors of the Department of Local Government’s attitude to Councillor training.

General Manager’s Recommendation: That Council nominates Councillors to attend courses conducted by the Local Government and Shires Associations.

2008. 815 RESOLVED: Moved: Cl. Green Seconded: Cl. Hayes That the information be noted and that Councillor Training be referred to MIDGOC.

GM5

ASSOCIATION MEMBERSHIP FILE: 198 AVB (NRN) {Folio No. 385298}

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SUMMARY: To inform Councillors of the reasons for belonging to Local Government Associations

General Manager’s Recommendation: That the information be noted.

2008. 816 RESOLVED: Moved: Cl. Gribbin Seconded: Cl. Saul That the information be noted and a further report be presented to the December Council Meeting.

GM6 QUARTERLY REPORT FILE: 339 JCC (NRN) {Folio No. 385299}

SUMMARY: Reporting on the implementation of Council’s 2007 / 2008 Management Plan

2008. 817 RESOLVED: Moved: Cl. Green Seconded: Cl. Sproule That the achievement of performance targets set by the 2007 / 2008 Management Plan for the period to the end of the September 2008 quarter be noted.

GM7

INFRASTRUCTURE / DEVELOPMENT WORKS FILE: 697 AVB (NRN) {Folio No. 385301}

SUMMARY: To provide Council with a list of infrastructure works that should be pursued.

General Manager’s Recommendation: That Council prioritizes works to allow further investigations and costings to be undertaken.

2008. 818 RESOLVED: Moved: Cl. Campbell Seconded: Cl. Saul That Councillors submit their priorities to the General Manager.

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GM8 CORRESPONDENCE AND COMPLAINT HANDLING FILE: 584 AVB (NRN) {Folio No. 385302}

SUMMARY: Reporting to Council on outstanding correspondence and complaints for the quarter ending 30th September 2008

2008. 819 RESOLVED: Moved: Cl. Green Seconded: Cl. Walker That the information be noted. GENERAL MANAGER'S SUPPLEMENTARY REPORT

GM9 SUPP

MEETING WITH LOCAL MEMBER FILE: 579 AVB {Folio No. 385342}

This report was dealt with earlier in the meeting just after NOM2.

QUESTIONS WITHOUT NOTICE COUNCILLOR E A GREEN Q1 FILE: 483 {Folio No. 385724} If rate pegging is removed what could Council gain in revenue? Responsible Officer AVB (NRN) The General Manager advised that this matter was raised by the Premier at the Local Government conference where he said that rate pegging would be looked at. If this did occur Council would need to determine its revenue options. COUNCILLOR J C GRIBBIN Q1 FILE: 673 {Folio No. 385727} When can he be supplied with the information on the Crescent Head Surf School previously requested? Responsible Officer SJR The Director Corporate and Community Services has the information and will supply it promptly. Q2 FILE: 201 {Folio No. 385764} Can Council investigate the untidy blocks of land opposite the Bowling Club at South West Rocks? Responsible Officer SDS The Director Sustainable Development Services will investigate. Q3 FILE: 149 {Folio No. 385731} With the town bus services at South West Rocks being cancelled – can Council do anything on this? Responsible Officer SJR

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The Director Corporate and Community Services will contact Cavanagh’s Bus Service regarding the cancellation. COUNCILLOR J A C HAYES Q1 FILE: 55 {Folio No. 385733} When will trees in Tozer Street be replanted? Responsible Officer BJM (NRN) The Director Shire Services advised there is no budget for this work and action would require a notice of motion. Q2 FILE: 794 COPY 47

{Folio No. 385735} With the water testing of Killick Creek can Councillor Hayes and interested Councillors be provided with a copy of the results after each testing? Responsible Officer SDS The Director Sustainable Development Services will have the results emailed to Councillors. Q3 FILE: 118 {Folio No. 385736} Can enquiries be made with the RTA regarding the timeframe for the Kempsey By-pass and whether it has gone down on the priority list and being passed by the Woolgoolga section? Responsible Officer BJM (NRN) The Director Shire Services advised that the RTA has been requested to attend the February Council meeting to update Council on the situation. COUNCILLOR D F SAUL Q1 FILE: 258 {Folio No. 385737} Can a directional sign to Crescent Head be erected at the corner of Belmore River Road and Loftus Road? Responsible Officer BJM (NRN) The Director Shire Services will refer this to the Traffic Committee. Q2 FILE: LA22032 {Folio No. 385738} Can Council contact the owner of 340 Plummers Lane regarding drainage and flood mitigation issues? Responsible Officer BJM The Director Shire Services will investigate. COUNCILLOR J A SPROULE Q1 FILE: 126 {Folio No. 385739} Can Council review it’s events management process in regard to risk management requirements? Responsible Officer SJR (NRN) Councillor Sproule was advised that a notice of motion would be required for a review to take place. Q2 FILE: 857 {Folio No. 385740} Can the Crescent Head swimming pool complex be listed for works inspection? Responsible Officer BJM (NRN) Councillor Sproule was advised that a notice of motion would be required for this matter.

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COUNCILLOR E R WALKER Q1 FILE: 447 {Folio No. 385741} Can Council investigate the limited boat and trailer parking available at Yakka Watson park? Responsible Officer BJM (NRN) Councillor Walker was advised that a notice of motion would be required for this action. Q2 FILE: 149 {Folio No. 385742} Can Council investigate the distribution of its community newsletter to ratepayers who pay their rates in full? Responsible Officer AVB (NRN) The General Manager is investigating. Q3 FILE: 102 {Folio No. 385743} Can Council address the rubbish opposite the pie shop at Frederickton and also the dangerous situation with people crossing the road? Responsible Officer BJM (NRN) The Director Shire Services will investigate. COUNCILLOR J H BOWELL Q1 FILE: 496 {Folio No. 385744} What are the savings made with mail distribution being handled at Port Macquarie? Responsible Officer SJR (NRN) The Mayor was advised that this related to rate notices which are folded, enveloped and posted by a contractor at Port Macquarie and cost savings will be determined. Q2 FILE: 867 {Folio No. 385747} What is the situation with the South West Rocks water treatment plant investigations? Responsible Officer AVB (NRN) The General Manager advised that a report on this matter would be provided to Council.

MOTION FOR CONFIDENTIAL COMMITTEE In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in section 10A(2) of the Act, and should be dealt with in a part of the meeting closed to the media and public. Set out below is section 10A(2) of the Local Government Act 1993 in relation to matters which can be dealt with in the closed part of a meeting. The matters and information are the following:

(a) personnel matters concerning particular individuals (other than councillors)

(b) the personal hardship of any resident or ratepayer

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(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business

(d) 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

(e) information that would, if disclosed, prejudice the maintenance of law

(f) matters affecting the security of the council, councillors, council staff or council property

(g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the grounds of legal professional privilege

(h) information concerning the nature and location of a place or an item of Aboriginal significance on community land.

2008. 820 RESOLVED: Moved: Cl. Green

Seconded: Cl. Saul

That Council form itself into the Confidential Committee of the Whole, and at this stage the meeting be closed to the public to permit discussion of the confidential business items listed for the reasons as stated in the Agenda.

MAYORAL CONFIDENTIAL REPORT

MM1 CONF

RECRUITMENT OF NEW GENERAL MANAGER FILE: 146 COPY S10-13 MAYOR (NRN) {Folio No. 385303}

(Local Government Act 1993, Section 10a (2) (a) This report is submitted on a confidential basis as it contains information and matters of the following, (a) personal matters concerning particular individuals (other than councillors) SUMMARY: Reporting that the contract of the General Manager, Mr Allan Burgess expires in November 2009

2008. 821 RECOMMENDED: Moved: Cl. Bowell Seconded: Cl. Saul 1. That the General Manager, Mr Allan Burgess be invited to submit

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his intentions in respect to his termination of employment with Kempsey Shire Council.

2. That on receipt of such advice Council invite Expressions of

Interest from appropriate consultants to undertake the recruitment of a new General Manager.

GENERAL MANAGER’S CONFIDENTIAL REPORT

GM1 VARIOUS LEGAL MATTERS - CURRENT POSITION CONF FILE: 155 AVB (NRN) {Folio No. 385304}

(Local Government Act 1993, Section 10A(2)(g)) This report is submitted on a confidential basis as it involves advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege. (Local Government Act 1993, section 10A(2)(g)) On balance, the public interest in preserving the confidentiality of the advice outweighs the public interest in openness and transparency in council decision making by discussing the matter in open meeting. SUMMARY: Reporting on the current position regarding legal matters

2008. 822 RECOMMENDED: Moved: Cl. Gribbin Seconded: Cl. Sproule That the information be noted.

OPEN COUNCIL

2008. 823 RESOLVED: Moved: Cl. Saul Seconded: Cl. Green

That the Open Council Meeting be resumed. REPORT OF THE MEETING OF THE COMMITTEE OF THE WHOLE Upon resumption of Open Council, the following Report of the Committee of the Whole was submitted by the General Manager.

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ADOPTION OF REPORT OF THE COMMITTEE OF THE WHOLE

2008. 824 RESOLVED: Moved: Cl. Sproule Seconded: Cl. Green

That the foregoing recommendations of the Committee of the Whole, as reported by the General Manager, be adopted.

CONCLUSION: There being no further business, the Meeting terminated at 2.56 p.m.