minutes of the ordinary meeting of …...minutes of the ordinary meeting of kempsey shire council...

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MINUTES OF THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL Tuesday 8 th May 2007 commencing at 9.07am. PRESENT: Councillors E A Green, (Mayor and Chairman), J H Bowell, J C Gribbin, R H McWilliam, D F Saul, B R Sowter and E R Walker. General Manager, A V Burgess; Director Shire Services, A P Vermeulen; Director Sustainable Development Services, R B Pitt; Director Corporate Services, G B Snape; 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”. APOLOGIES: 2007. 340 RESOLVED: Moved: Cl. Sowter Seconded: Cl. McWilliam That the apologies submitted by Councillors Hayes and Hunt for non-attendance at the meeting be accepted and leave of absence granted. DECLARATIONS OF INTEREST Councillor Gribbin declared an interest in item DSDS4 for the reason that his wife has business dealings with the proprietor of the Trial Bay Caravan Park. CONSIDERATION OF CONFIDENTIAL REPORTS 2007. 341 RESOLVED: Moved: Cl. Bowell Seconded: Cl. Walker THIS IS PAGE 1 OF THE MINUTES OF THE ORDINARY MEETING OF THE KEMPSEY SHIRE COUNCIL HELD ON TUESDAY 8 TH MAY 2007.

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Page 1: MINUTES OF THE ORDINARY MEETING OF …...MINUTES OF THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL Tuesday 8th May 2007 commencing at 9.07am. PRESENT: Councillors E A Green, (Mayor

MINUTES OF THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL Tuesday 8th May 2007 commencing at 9.07am. PRESENT: Councillors E A Green, (Mayor and Chairman), J H Bowell, J C Gribbin, R H McWilliam, D F Saul, B R Sowter and E R Walker. General Manager, A V Burgess; Director Shire Services, A P Vermeulen; Director Sustainable Development Services, R B Pitt; Director Corporate Services, G B Snape; 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”.

APOLOGIES:

2007. 340 RESOLVED: Moved: Cl. Sowter Seconded: Cl. McWilliam

That the apologies submitted by Councillors Hayes and Hunt for non-attendance at the meeting be accepted and leave of absence granted.

DECLARATIONS OF INTEREST Councillor Gribbin declared an interest in item DSDS4 for the reason that his wife has business dealings with the proprietor of the Trial Bay Caravan Park. CONSIDERATION OF CONFIDENTIAL REPORTS

2007. 341 RESOLVED: Moved: Cl. Bowell Seconded: Cl. Walker

THIS IS PAGE 1 OF THE MINUTES OF THE ORDINARY MEETING OF THE KEMPSEY SHIRE COUNCIL HELD ON TUESDAY 8TH MAY 2007.

Page 2: MINUTES OF THE ORDINARY MEETING OF …...MINUTES OF THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL Tuesday 8th May 2007 commencing at 9.07am. PRESENT: Councillors E A Green, (Mayor

THIS IS PAGE 2 OF THE MINUTES OF THE ORDINARY MEETING OF THE KEMPSEY SHIRE COUNCIL HELD ON TUESDAY 8TH MAY 2007.

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

MINUTES OF THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL DATED 17TH APRIL 2007

2007. 342 RESOLVED: Moved: Cl. Saul Seconded: Cl. McWilliam That the Minutes of the Ordinary Meeting of Kempsey Shire Council dated 17th April 2007 be adopted, subject to the following amendments:-

• In Councillor Bowell’s declarations of interest on item DSS2 it should read that his son is an owner of a business within the property referred to in the report.

• The addition of the following question without notice by

Councillor Bowell :– Q3 FILE: * Could the Economic Development Manager utilise the lack of water restrictions as a promotional tool? Responsible Officer RBP The Economic Development Manager will give this consideration.

• That Minute number 2007. 315 under item DSS1 Tender

Evaluation Swimming Pool Leases to read as follows:-

“That the tender for the leasing of the Kempsey Pool Complex be offered to Swimwell for a five year period subject to the lease conditions not impeding future development of the pool.”

MINUTES OF THE EXTRAORDINARY MEETING OF KEMPSEY SHIRE COUNCIL DATED 19TH APRIL 2007

2007. 343 RESOLVED: Moved: Cl. Bowell Seconded: Cl. Gribbin That the Minutes of the Extraordinary Meeting of Kempsey Shire Council dated 19th April 2007 be adopted.

PUBLIC FORUM 1 - Mr Tim Needs addressed Council regarding item RM1.

Page 3: MINUTES OF THE ORDINARY MEETING OF …...MINUTES OF THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL Tuesday 8th May 2007 commencing at 9.07am. PRESENT: Councillors E A Green, (Mayor

THIS IS PAGE 3 OF THE MINUTES OF THE ORDINARY MEETING OF THE KEMPSEY SHIRE COUNCIL HELD ON TUESDAY 8TH MAY 2007.

Councillor Gribbin declared an interest in the following item for the reason that his wife has business dealings with the proprietor and retired from the Chamber. 2 - Mr Tony Mayne addressed Council speaking in favour of item

DSDS4. Councillor Gribbin returned to the Chamber.

CONSIDERATION OF LATE REPORTS

2007. 344 RESOLVED: Moved: Cl. Sowter Seconded: Cl. Walker That the late reports be considered in conjunction with the relevant Director’s reports.

CONSIDERATION OF REPORTS RELATING TO PUBLIC FORUM – Reports RM1 and DSDS4.

2007. 345 RESOLVED: Moved: Cl. McWilliam Seconded: Cl. Saul That the items dealt with in Public Forum be brought forward and dealt with immediately. RESCISSION MOTION

RM1 BOYTERS LANE PLAYING FIELDS FILE: LA14295, T6-04-307 APV {Folio No. 346787}

2007. 346 RESOLVED : Moved: Cl. Gribbin

Seconded: Cl. Bowell That resolution number 2007. 329 from the Extraordinary Meeting held 19th April 2007, as printed below; “1. That Stage 1 of the Boyters Lane Playing Fields development is

undertaken.

2. That $467,000 for the project is included in the draft 2007 / 08 budget and that Council seek funding under the Department of Sport and Recreation grant funding for sporting facilities.

3. That implementation of the recommendation would involve no

detrimental affect to the 2007 / 2008 budget.” be rescinded.

Page 4: MINUTES OF THE ORDINARY MEETING OF …...MINUTES OF THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL Tuesday 8th May 2007 commencing at 9.07am. PRESENT: Councillors E A Green, (Mayor

THIS IS PAGE 4 OF THE MINUTES OF THE ORDINARY MEETING OF THE KEMPSEY SHIRE COUNCIL HELD ON TUESDAY 8TH MAY 2007.

At this stage Councillor McWilliam gave notice that he would be putting this matter on the agenda for the next Council meeting. Councillor Gribbin declared an interest in the following item for the reason that his wife has business dealings with the proprietor of the Trial Bay Caravan Park and retired from the Chamber.

DSDS4 INSTALLATION OF MOVEABLE DWELLINGS & ASSOCIATED STRUCTURES FILE: LA 18120 AJC {Folio No. 346796}

SUMMARY: Reporting to Council on an application to install movable dwellings and associated structures at Trial Bay Caravan Park that requires a variation to Council’s Flood Risk Management Policy.

2007. 347 RESOLVED : Moved: Cl. Saul Seconded: Cl. Sowter That Council agree to vary the provision of the Flood Risk Management Policy and approve the application 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 minimum

of 3.6m AHD (Flood Planning 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.

Councillor Gribbin returned to the Chamber.

ADOPTION OF AGENDA ORDER OF BUSINESS

2007. 348 RESOLVED: Moved: Cl. McWilliam Seconded: Cl. Bowell

That the Agenda Order of Business be adopted subject to items NOM3 and DCCS5 being dealt with in conjunction. MAYORAL REPORT

MM1 KEMPSEY DISTRICT HOSPITAL

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THIS IS PAGE 5 OF THE MINUTES OF THE ORDINARY MEETING OF THE KEMPSEY SHIRE COUNCIL HELD ON TUESDAY 8TH MAY 2007.

FILE: 46 MAYOR (NRN) {Folio No. 346765}

SUMMARY: Reporting on a meeting with the North Coast Area Health Service regarding the Kempsey District Hospital.

Mayoral Recommendation: That the information be noted.

2007. 349 RESOLVED: Moved: Cl. Bowell Seconded: Cl. Walker 1. That the information be noted. 2. That Council make representations to the Minister for Health to

come and meet with Council at Kempsey regarding the Kempsey District Hospital.

MM2

VALUER GENERAL RESPONSE FILE: 484 MAYOR {Folio No. 346766}

SUMMARY: Report on response from Valuer General regarding Kempsey Shire Land Values.

2007. 350 RESOLVED : Moved: Cl. Sowter Seconded: Cl. Walker 1. That the information be noted. 2. That Council advise the Valuer General that Council would be

interested in a meeting with the Lands Department representative.

MM3

NATIONAL ASSEMBLY OF LOCAL GOVERNMENT FILE: 165 MAYOR {Folio No. 346769}

SUMMARY: Information on National Assembly of Local Government in Darwin November 2007.

Mayoral Recommendation:

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THIS IS PAGE 6 OF THE MINUTES OF THE ORDINARY MEETING OF THE KEMPSEY SHIRE COUNCIL HELD ON TUESDAY 8TH MAY 2007.

1. That the information be noted. 2. That Council determine if it wishes to participate. 3. If point 2 is in the affirmative identify Council’s representative. 4. That Council determine if there are any motions that should be

forwarded for debate at the Assembly.

2007. 351 RESOLVED : Moved: Cl. Green Seconded: Cl. Bowell 1. That the information be noted. 2. That the Mayor or her delegate represent Council at the National

Assembly of Local Government in Darwin in November 2007. 3. That any proposed motions be submitted to Council by the July

Council meeting. The following item was WITHDRAWN at the request of the Mayor as Councillor Gribbin was previously appointed by Council to Arts Mid North Coast in October 2006.

MM4

ARTS MID NORTH COAST FILE: 156 CC: 198 {Folio No. 346772}

SUMMARY: To appoint a representative to the Arts Mid North Coast Board.

Mayoral Recommendation: That Councillor Jim Gribbin be Council’s representative on the Arts Mid North Coast Board. MAYORAL SUPPLEMENTARY MINUTE

MM5 SUPP

MAYORAL ACTIVITIES FOR APRIL 2007 FILE: 380 EAG (NRN) {Folio No. 347106}

SUMMARY: Reporting on Mayoral activities for April 2007

2007. 352 RESOLVED : Moved: Cl. Saul Seconded: Cl. Sowter That the information be noted.

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THIS IS PAGE 7 OF THE MINUTES OF THE ORDINARY MEETING OF THE KEMPSEY SHIRE COUNCIL HELD ON TUESDAY 8TH MAY 2007.

MM6 SUPP

REPORT ON NATIONAL FINANCIAL STABILITY STUDY FILE: 579 EAG (NRN) {Folio No. 347107}

SUMMARY: Letter and copy of Price Waterhouse Cooper Report on National Financial Sustainability Study of Local Government from LGSA.

Mayoral Recommendation: That the information be noted

2007. 353 RESOLVED : Moved: Cl. Bowell Seconded: Cl. Walker 1. That the information be noted. 2. That Council make a submission in relation to the Price

Waterhouse report and the recommendations of the report be circulated to Councillors.

MM7 SUPP.

HEALTH SERVICE MINI OLYMPICS FILE: 97 EAG {Folio No. 347109}

SUMMARY: Letter advising Council of the proposal to hold the Health Service Mini Olympics in Kempsey Shire in October 2007 with a request for some financial / in kind assistance.

Mayoral Recommendation: For Council’s decision.

MOVED : Moved: Cl. Sowter Seconded: Cl. Walker That no action be taken. An AMENDMENT was MOVED: Moved: Cl. Bowell Seconded: Cl. Gribbin That the Kempsey Health Campus group be advised Council does not charge for the use of sporting fields and that Director Shire Services would negotiate with them the availability of the amenities and provision of garbage bins.

Page 8: MINUTES OF THE ORDINARY MEETING OF …...MINUTES OF THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL Tuesday 8th May 2007 commencing at 9.07am. PRESENT: Councillors E A Green, (Mayor

THIS IS PAGE 8 OF THE MINUTES OF THE ORDINARY MEETING OF THE KEMPSEY SHIRE COUNCIL HELD ON TUESDAY 8TH MAY 2007.

2007. 354 The AMENDMENT was PUT to the MEETING and was CARRIED, became the MOTION and was CARRIED.

PRESENTATION At this stage 10.15am David Parkinson Chairman of the North Coast Academy of Sport and Tony Clarke Executive Director conducted a presentation and introduced 8 students and 2 coaches from the Kempsey Shire who are part of the program.

MM8 SUPP.

TOURISM ACTIVITIES FILE: 383 EAG (NRN) {Folio No. 347111}

SUMMARY: Report on a Study on identifying the impact on local economies of Tourism activities.

2007. 355 RESOLVED: Moved: Cl. Bowell Seconded: Cl. Gribbin That the information be noted

MM9 SUPP.

WORKSHOP ON ORAL HEALTH SERVICES FILE: 198 EAG (NRN) {Folio No. 347112}

SUMMARY: Information and request for Council’s involvement in a Workshop on Oral Health Services.

Mayoral Recommendation: 1. That the information be noted 2. Do we wish to nominate a representative?

2007. 356 RESOLVED: Moved: Cl. Bowell Seconded: Cl. Saul That the information be noted and that Councillor Bowell be the representative to attend.

Page 9: MINUTES OF THE ORDINARY MEETING OF …...MINUTES OF THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL Tuesday 8th May 2007 commencing at 9.07am. PRESENT: Councillors E A Green, (Mayor

THIS IS PAGE 9 OF THE MINUTES OF THE ORDINARY MEETING OF THE KEMPSEY SHIRE COUNCIL HELD ON TUESDAY 8TH MAY 2007.

NOTICE OF MOTION

NOM1 INDOOR SWIMMING COMPLEX FILE: 121 SJR {Folio No. 346774}

2007. 357 RESOLVED : Moved: Cl. Bowell

Seconded: Cl. Saul That expressions of interest be invited for the preparation of a design of an appropriate indoor complex embracing the 25 metre pool, amenities and kiosk at the Kempsey Swimming Centre to provide for year round usage.

LOCAL GOVERNMENT CULTURAL AWARDS 2007 At this stage the Mayor advised the meeting that Council had submitted 3 applications for the above awards being;

1 Gladstone Art Gallery 2 CrocFest 3 Identification of Aboriginal graves at East Kempsey

Council was awarded the winning prize under the category of Acknowledging Culture Aboriginal Cultural Development for identification of Aboriginal graves.

At this stage 10.31 a.m. the Meeting adjourned for Morning Tea and upon resumption at 11.08 a.m. all present, at the adjournment with the exception of Councillor McWilliam were in attendance.

NOM2 MACLEAY RIVER HISTORICAL SOCIETY FILE: LA2100 CC: LEGAL DOC A124 SJR (NRN) {Folio No. 346783}

2007. 358 RESOLVED : Moved: Cl. Bowell

Seconded: Cl. Saul That Council be advised of the financial and maintenance agreement with the Macleay River Historical Society for the operation of the Museum at South Kempsey. At this stage 11.15am, Councillor McWilliam entered the Chambers.

2007. 359 RESOLVED: Moved: Cl. Saul Seconded: Cl. Walker

Page 10: MINUTES OF THE ORDINARY MEETING OF …...MINUTES OF THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL Tuesday 8th May 2007 commencing at 9.07am. PRESENT: Councillors E A Green, (Mayor

THIS IS PAGE 10 OF THE MINUTES OF THE ORDINARY MEETING OF THE KEMPSEY SHIRE COUNCIL HELD ON TUESDAY 8TH MAY 2007.

That items NOM3, DCCS5 and DCCS14 Supplementary be dealt with in conjunction.

NOM3 KEMPSEY AIRPORT FILE: 183 SJR {Folio No. 346786}

2007. 360 RESOLVED : Moved: Cl. Bowell

Seconded: Cl. Saul That a report be submitted to Council detailing the present position and future proposals in respect to the development of Kempsey Airport.

DCCS5 VIRGIN BLUE AIRLINES – SITE INSPECTION OF KEMPSEY AIRPORT FILE: 183 SJR (NRN) {Folio No. 346806}

SUMMARY: Reporting on a site visit of Kempsey Airport conducted by Virgin Blue Airlines.

2007. 361 RESOLVED : Moved: Cl. Saul Seconded: Cl. McWilliam That the information be noted. DIRECTOR CORPORATE AND COMMUNITY SERVICES SUPPLEMENTARY REPORT

DCCS14 SUPP

VIRGIN BLUE AIRLINES – RESPONSE TO SITE INSPECTIONS FILE: 183 SJR {Folio No. 347192}

SUMMARY: Reporting on the response from Virgin Blue Airlines following an onsite inspection of the Kempsey Airport.

2007. 362 RESOLVED : Moved: Cl. Saul Seconded: Cl. Walker That Council seek a meeting with representatives from Virgin Blue Airlines to further investigate the development of a business partnership for mutual benefit. RESCISSION MOTION

RM1 BOYTERS LANE PLAYING FIELDS

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THIS IS PAGE 11 OF THE MINUTES OF THE ORDINARY MEETING OF THE KEMPSEY SHIRE COUNCIL HELD ON TUESDAY 8TH MAY 2007.

FILE: LA14295, T6-04-307 APV {Folio No. 346787}

This Rescission Motion RM1 was dealt with earlier in the meeting just after PUBLIC FORUM. DIRECTOR SUSTAINABLE DEVELOPMENT SERVICES REPORT

DSDS1 DRAFT GILLS BRIDGE CREEK REHABILITATION PLAN FILE: 863 NDH {Folio No. 346790}

SUMMARY: Reporting that the draft Gills Bridge Creek Rehabilitation Plan has been prepared for Council’s endorsement for the purposes of public exhibition.

Director Sustainable Development Services Recommendation:

That the draft Gills Bridge Creek Rehabilitation Plan be endorsed for the purposes of public exhibition.

2007. 363 RESOLVED : Moved: Cl. McWilliam

Seconded: Cl. Bowell 1. That the draft Gills Bridge Creek Rehabilitation Plan be endorsed

for the purposes of public exhibition. 2. That a report in relation to the causeway structure in Queen

Street South Kempsey be brought back to Council.

DSDS2 MACLEAY RIVER FLOODPLAIN PROJECT PRESENTATION FILE: FM520 RFK (NRN) {Folio No. 346792}

SUMMARY: Reporting on a presentation by Councils Senior Natural Resources Officer in regards environmental projects undertaken through the Macleay River Floodplain Project.

2007. 364 RESOLVED : Moved: Cl. Saul Seconded: Cl. McWilliam That the information be noted.

DSDS3 STRATEGIC PLANNING PROGRAM FILE: 584 RBP (NRN) {Folio No. 346793}

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THIS IS PAGE 12 OF THE MINUTES OF THE ORDINARY MEETING OF THE KEMPSEY SHIRE COUNCIL HELD ON TUESDAY 8TH MAY 2007.

SUMMARY: Reporting on the progress of Strategic Planning Program for 2006/07.

Director Sustainable Development Services Recommendation: That Council note the report and endorse the recommended priorities attached to each project.

2007. 365 RESOLVED : Moved: Cl. Walker Seconded: Cl. Sowter 1. That Council note the report and endorse the recommended

priorities attached to each project. 2. That Council make representations to the Minister for Lands

regarding the development of the next stage of the Goolawah Estate.

DSDS4 INSTALLATION OF MOVEABLE DWELLINGS & ASSOCIATED STRUCTURES FILE: LA 18120 AJC {Folio No. 346796}

This report DSDS4 was dealt with earlier in the meeting just after PUBLIC FORUM.

DSDS5 BUILDING AND DEVELOPMENT FILE: 329 RBP

SUMMARY: Reporting that the following applications have been approved.

2007. 366 RESOLVED : Moved: Cl. Bowell Seconded: Cl. McWilliam That the information be noted. DIRECTOR SHIRE SERVICES REPORT

DSS1 NATIONAL LOCAL ROADS & TRANSPORT CONGRESS FILE: 19 APV (NRN) CC: AW {Folio No. 346797}

SUMMARY: Reporting on the 8th National Local Roads & Transport Congress.

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THIS IS PAGE 13 OF THE MINUTES OF THE ORDINARY MEETING OF THE KEMPSEY SHIRE COUNCIL HELD ON TUESDAY 8TH MAY 2007.

Director Shire Services Recommendation: 1 That the Mayor be Council’s delegate to the ALGA National Local

Roads & Transport Congress. 2 That Council determines whether other Councillors attend the

ALGA National Local Roads & Transport Congress.

2007. 367 RESOLVED : Moved: Cl. Bowell Seconded: Cl. Sowter That the Mayor or the Mayor’s delegate be Council’s delegate to the ALGA National Local Roads & Transport Congress.

DSS2 ALDAVILLA SEWERAGE SYSTEM FILE: 223 GTS (NRN) {Folio No. 346798}

SUMMARY: Council at its Ordinary Meeting of 13th March 2007 resolved that alternative septic systems and non-conventional sewerage system options be further investigated and that the outcome be reported to the May meeting of Council. The results of these investigations are presented below for Council’s concurrence before further progressing the project.

2007. 368 RESOLVED : Moved: Cl. Bowell Seconded: Cl. Walker 1. That the concept of a modified conventional gravity system be

further pursued utilizing in-house resources to obtain necessary approvals and, at the same time, prepare detail designs / estimates by 30th July 2007.

2. That the Director Shire Services be granted delegated authority to

carry out any requisite commercial negotiations in relation to land matters (eg easements creations) and sewage receival agreements.

DIRECTOR SHIRE SERVICES SUPPLEMENTARY REPORT

DSS3 SUPP.

STATE EMERGENCY SERVICE FILE: 596 APV {Folio No. 347118}

SUMMARY:

Reporting on the appointment of Local and Unit Controllers for the State Emergency Service.

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THIS IS PAGE 14 OF THE MINUTES OF THE ORDINARY MEETING OF THE KEMPSEY SHIRE COUNCIL HELD ON TUESDAY 8TH MAY 2007.

2007. 369 RESOLVED : Moved: Cl. Saul Seconded: Cl. Walker That the Region Controller for Oxley Division of the S.E.S be advised that Council concurs with the reappointment of Mrs May Gill as the Local Controller of the Kempsey State Emergency Service, Mr Warren Hancock as the Unit Controller for Gladstone State Emergency Service and Mr Barry Clenton as the Unit Controller for South West Rocks State Emergency Service.

DSS4 SUPP.

TENDER 977 - SUPPLY INSTALLATION AND MAINTENANCE OF BUS SHELTERS IN EXCHANGE FOR ADVERTISING RIGHTS FILE: 423 MJT {Folio No. 347120}

SUMMARY: Reporting on the tender for the supply, installation and maintenance of bus shelters in the Kempsey Shire Council area, in exchange for advertising rights on such shelters.

2007. 370 RESOLVED : Moved: Cl. McWilliam Seconded: Cl. Saul 1 That the tender from Metro Advertising Pty Limited be accepted. 2 That Council enter into an agreement for the supply, installation

and maintenance of twenty (20) bus shelters in return for exclusive advertising rights on these shelters for a period of fifteen years.

DIRECTOR CORPORATE AND COMMUNITY SERVICES REPORT

DCCS1 STATEMENT OF BANK BALANCES AS AT 30th APRIL 2007 FILE: 454 APC

SUMMARY: Reporting on the Statement of Bank Balances as at 30th April 2007.

2007. 371 RESOLVED : Moved: Cl. Bowell Seconded: Cl. Gribbin That the information be noted.

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THIS IS PAGE 15 OF THE MINUTES OF THE ORDINARY MEETING OF THE KEMPSEY SHIRE COUNCIL HELD ON TUESDAY 8TH MAY 2007.

DCCS2 STATEMENT OF INVESTMENTS AS AT 30th APRIL 2007 FILE: 303 APC

SUMMARY: Reporting on the Statement of Investments as at 30th April 2007.

2007. 372 RESOLVED : Moved: Cl. Bowell Seconded: Cl. Sowter That the information be noted.

DCCS3 FLEET MANAGEMENT FILE: 151 CAD (NRN) {Folio No. 346802}

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

2007. 373 RESOLVED : Moved: Cl. Bowell Seconded: Cl. Walker That the information be noted.

PRESENTATION At this stage 12 noon Mr Ron Kemsley, Council’s Macleay Floodplain Project Officer gave a presentation on the Macleay River Floodplain Project to the Council.

2007. 374 RESOLVED: Moved: Cl. Bowell Seconded: Cl. Saul That Council’s appreciation to Mr Ron Kemsley and Miss Belinda Allman be recorded for the project work and excellent presentation.

DCCS4

FINANCIAL STATEMENT FOR THE PERIOD TO 31ST MARCH 2007 FILE: 321 JCC (NRN) {Folio No. 346805}

SUMMARY:

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THIS IS PAGE 16 OF THE MINUTES OF THE ORDINARY MEETING OF THE KEMPSEY SHIRE COUNCIL HELD ON TUESDAY 8TH MAY 2007.

Reporting that the Budget Review for the quarter ending 31st March 2007 has been prepared for all funds.

2007. 375 RESOLVED : Moved: Cl. Bowell Seconded: Cl. Sowter That the Budget Review for the period ending 31st March 2007 be adopted and the variations contained therein be approved and financed from the sources as indicated.

DCCS5 VIRGIN BLUE AIRLINES – SITE INSPECTION OF KEMPSEY AIRPORT FILE: 183 SJR (NRN) {Folio No. 346806}

This report DCCS5 was dealt with earlier in the meeting just after NOM3.

DCCS6 GOODS AND SERVICES TAX FILE: 615 APC {Folio No. 346807}

SUMMARY: Reporting on the Department of Local Government requirements in respect of Council’s Goods and Services Tax (GST) compliance.

2007. 376 RESOLVED : Moved: Cl. Sowter Seconded: Cl. Saul That Council provide a Goods and Services Tax Certificate certifying compliance with the requirements of the GST Legislation for the 2006/07 year.

DCCS7 AFFIXING COUNCIL’S SEAL – COMMUNITY COTTAGES FILE: LA 13582 LA 2349 GB {Folio No. 346809}

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

2007. 377 RESOLVED : Moved: Cl. McWilliam Seconded: Cl. Sowter That Council’s seal be affixed to the lease document relating to 48-50 Yarravel Street, South Kempsey, and 26 Gordon Nixon Avenue, West Kempsey.

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THIS IS PAGE 17 OF THE MINUTES OF THE ORDINARY MEETING OF THE KEMPSEY SHIRE COUNCIL HELD ON TUESDAY 8TH MAY 2007.

Councillor Gribbin declared an interest in the following item for the reason that his wife is a member of the SWR Maritime Precinct Inc. and retired from the Chamber.

DCCS8 SWR MARITIME PRECINCT INC. DONATION FILE: LA 19251 CC: 3 GB {Folio No. 346811}

SUMMARY: SWR Maritime Precinct Inc. has requested that Council subsidises their organisation by rebating the rates on Boatman’s Cottage No. 2.

2007. 378 RESOLVED: Moved: Cl. Sowter Seconded: Cl. McWilliam That the SWR Maritime Precinct Inc. be advised that Council proposes to conduct a review of its Policy on donations to local organisations, and that their request will be considered in conjunction with that review. Councillor Gribbin returned to the Chamber.

DCCS9 GOORI HOME MODIFICATION SERVICES FILE: 265 GB {Folio No. 346813}

SUMMARY: Reporting that the Department of Ageing, Disability and Home Care (DADHC) would like Kempsey Shire Council to auspice the Goori Home Modification Services for two years before tendering it to be administered by a community group.

2007. 379 RESOLVED : Moved: Cl. Bowell Seconded: Cl. Saul That Council agree to auspice the Goori Home Modification Service for a period of two (2) years.

DCCS10 HEYSON STREET BIRD SANCTUARY FILE: LA1342 SJR {Folio No. 346816}

SUMMARY: Reporting on approaches to restore the Heyson Street Bird Sanctuary.

2007. 380 RESOLVED : Moved: Cl. McWilliam

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THIS IS PAGE 18 OF THE MINUTES OF THE ORDINARY MEETING OF THE KEMPSEY SHIRE COUNCIL HELD ON TUESDAY 8TH MAY 2007.

Seconded: Cl. Saul 1. That Council decline to restore the Heyson Street Bird Sanctuary. 2. That local ornithologists be invited to submit an offer for purchase

of the property once it is listed for sale.

DCCS11 COMMUNICATIONS TECHNOLOGY FILE: 581 MH (NRN) {Folio No. 346818}

SUMMARY: Reporting on investigations into Council’s communications infrastructure.

2007. 381 RESOLVED : Moved: Cl. Sowter Seconded: Cl. McWilliam That the information be noted

DCCS12 CROC FESTIVAL FILE: 689 GB (NRN) {Folio No. 346820}

SUMMARY: Reporting on the progress of fund raising in the Kempsey community towards the running of Croc Festival in Kempsey in September 2007.

2007. 382 RESOLVED : Moved: Cl. McWilliam Seconded: Cl. Bowell That the information be noted.

DCCS13 SUPP.

AFFIXING COUNCIL’S SEAL FILE: LA19000 SJR {Folio No. 347021}

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

2007. 383 RESOLVED : Moved: Cl. Walker Seconded: Cl. Sowter That Council’s seal be affixed to the Discharge of Mortgage relating to Lot 103, DP8349032, Akubra Place, South Kempsey, as well as the

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THIS IS PAGE 19 OF THE MINUTES OF THE ORDINARY MEETING OF THE KEMPSEY SHIRE COUNCIL HELD ON TUESDAY 8TH MAY 2007.

Discharge of Mortgage for Lots 96, 99, 100, 103 and 104 at the appropriate time when all mortgage requirements have been met.

DCCS14 SUPP

VIRGIN BLUE AIRLINES – RESPONSE TO SITE INSPECTIONS FILE: 183 SJR {Folio No. 347192}

This report DCCS14 was dealt with earlier in the meeting just after NOM3 and DCCS5.

DCCS15 SUPP

ASSIGNMENT OF LEASE FILE: LA12889 GBS {Folio No. 347194}

SUMMARY: Reporting on a proposal to assign the lease of a Council owned property at the rear of the West Kempsey Sewerage Treatment Works.

2007. 384 RESOLVED : Moved: Cl. Sowter Seconded: Cl. Bowell 1. That Council consent to the assignment of the lease of Portion of

Lots 32/33, DP752349, Parish Yarravel, subject to the preparation and execution of a Deed of Assignment satisfactory to Council.

2. That the assignees attention be drawn to:-

a) the lease is of part only of the lands. b) the requirement to obtain Council’s consent as landlord for any

usage of the land other than “grazing of livestock”. 3. That Council’s seal be affixed to any documents relating to the

assignments of the lease of portion of Lots 32/33, DP752349, Parish of Yarravel.

GENERAL MANAGER'S REPORT

GM1 OUTSTANDING REPORTS / RESOLUTIONS FILE: 149 AVB (NRN) {Folio No. 346822}

SUMMARY: Council’s report on outstanding reports and resolutions.

2007. 385 RESOLVED : Moved: Cl. Walker Seconded: Cl. Sowter

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That the information be noted.

GM2 WORKS PROGRAM FILE: 153 AVB (NRN) {Folio No. 346823}

SUMMARY: To outline progress of the capital works program for the 2006/07 year.

2007. 386 RESOLVED : Moved: Cl. Sowter Seconded: Cl. McWilliam That the information be noted.

GM3 QUARTERLY REPORT ON IMPLEMENTATION OF 2006 - 2007 MANAGEMENT PLAN

FILE: 339 JCC (NRN) {Folio No. 346825}

SUMMARY: Reporting on the implementation of Council’s 2006 / 2007 Management Plan.

2007. 387 RESOLVED : Moved: Cl. McWilliam Seconded: Cl. Sowter That the achievement of performance targets set by the 2006 / 2007 Management Plan for the period to the end of the March 2007 quarter be noted.

GM4 2007/08 BUDGET FILE: 447 JCC (NRN) {Folio No. 346827}

SUMMARY: To provide details of alterations to the budget to allow an increase in Strategic Planning.

General Manager’s Recommendation: That the draft budget for 2007 / 08 be adjusted as outlined in the report.

2007. 388 RESOLVED : Moved: Cl. Sowter Seconded: Cl. McWilliam

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THIS IS PAGE 21 OF THE MINUTES OF THE ORDINARY MEETING OF THE KEMPSEY SHIRE COUNCIL HELD ON TUESDAY 8TH MAY 2007.

1. That the draft budget for 2007 / 08 be adjusted as outlined in the report.

2. That the draft Management Plan be placed on public exhibition for

28 days when finalised.

GM5 CORRESPONDENCE AND COMPLAINT HANDLING FILE: 584 AVB (NRN) {Folio No. 346828}

SUMMARY: Reporting to Council on outstanding correspondence and complaints for the quarter ending 31st March 2007.

2007. 389 RESOLVED : Moved: Cl. Sowter Seconded: Cl. Bowell That the information be noted. GENERAL MANAGER'S SUPPLEMENTARY REPORT

GM6 SUPP.

LGMA CONFERENCE FILE: 458 AVB (NRN) {Folio No. 347115}

SUMMARY: To provide Council with an outline of the services provided at the LGMA Conference in Hobart.

2007. 390 RESOLVED : Moved: Cl. Bowell Seconded: Cl. Gribbin That the information be noted.

At this stage 1.07 p.m. the Meeting adjourned for Luncheon and upon resumption at 1.47 p.m. all present at the adjournment with the exception of Councillor McWilliam were in attendance.

MOTION FOR CONFIDENTIAL COMMITTEE

2007. 391 RESOLVED: Moved: Cl. Walker Seconded: Cl. Saul

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THIS IS PAGE 22 OF THE MINUTES OF THE ORDINARY MEETING OF THE KEMPSEY SHIRE COUNCIL HELD ON TUESDAY 8TH MAY 2007.

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.

DIRECTOR SHIRE SERVICES CONFIDENTIAL REPORT

DSS1 LAND PURCHASE - ARMIDALE ROAD CONF. FILE: LA11674 & LA17504 JM {Folio No. 346830}

REASON FOR PRESENTATION OF REPORT ON A CONFIDENTIAL BASIS Section 10A(2)(d)(i) – Commercial Position This report is submitted on a confidential basis as it involves commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it. (Local Government Act 1993, section 10A(2)(d)(i)) On balance, the public interest in preserving the confidentiality of the commercial information supplied, outweighs the public interest in openness and transparency in council decision making by discussing the matter in open meeting. SUMMARY: Reporting on the proposals for the purchase of land along Armidale Road at Skillion Flat.

2007. 392 RECOMMENDED : Moved: Cl. Bowell Seconded: Cl. Sowter 1 That 841 sq metres be purchased from Lot A DP 431301 for

$3,036 and 687.5 sq metres be purchased from Lot 157 DP 752439 for $1.00.

2 That Council’s seal be affixed to transfer documents. At this stage 1.49pm Councillor McWilliam returned to the Chamber.

DSS2 CREATION OF EASEMENT - KINCHELA CONF. FILE: LA8086 APV {Folio No. 346858}

REASON FOR PRESENTATION OF REPORT ON A CONFIDENTIAL BASIS This report is submitted on a confidential basis as it involves commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it. (Local Government Act 1993, section 10A(2)(d)(i))

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On balance, the public interest in preserving the confidentiality of the commercial information supplied, outweighs the public interest in openness and transparency in council decision making by discussing the matter in open meeting. SUMMARY: Reporting on the need to create an Easement for Services.

2007. 393 RECOMMENDED : Moved: Cl. Sowter Seconded: Cl. Walker That Council establish an easement for services over Portion 160 DP754423 in favour of Lot B DP3856.

DSS3 SALE OF LAND - MARYS BAY ROAD CONF. FILE: LA7531 JM (NRN) {Folio No. 346832}

REASON FOR PRESENTATION OF REPORT ON A CONFIDENTIAL BASIS Section 10A(2)(d)(i) – Commercial Position This report is submitted on a confidential basis as it involves commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it. (Local Government Act 1993, section 10A(2)(d)(i)) On balance, the public interest in preserving the confidentiality of the commercial information supplied, outweighs the public interest in openness and transparency in council decision making by discussing the matter in open meeting. SUMMARY: Reporting on a proposal for the purchase of land at Euroka

2007. 394 RECOMMENDED : Moved: Cl. Walker Seconded: Cl. Sowter 1 That 7,000 sqm of land as detailed in the report be sold to the

adjoining owners for $1,750 and that Council’s seal be affixed to the transfer documents.

2 That the funds from the sale of the land be used to formalise the

new section of Gowings Hill Road as a public road. GENERAL MANAGER'S CONFIDENTIAL REPORT

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THIS IS PAGE 24 OF THE MINUTES OF THE ORDINARY MEETING OF THE KEMPSEY SHIRE COUNCIL HELD ON TUESDAY 8TH MAY 2007.

GM1 VARIOUS LEGAL MATTERS – CURRENT POSITION CONF. FILE: 155 AVB (NRN) {Folio No. 346833}

Section 10A(2)(g) – Legal Proceedings 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.

2007. 395 RECOMMENDED : Moved: Cl. Bowell Seconded: Cl. Sowter That the information be noted.

OPEN COUNCIL

2007. 396 RESOLVED: Moved: Cl. Bowell Seconded: Cl. Sowter

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.

ADOPTION OF REPORT OF THE COMMITTEE OF THE WHOLE

2007. 397 RESOLVED: Moved: Cl. Saul Seconded: Cl. Bowell

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

PRESENTATIONS

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THIS IS PAGE 25 OF THE MINUTES OF THE ORDINARY MEETING OF THE KEMPSEY SHIRE COUNCIL HELD ON TUESDAY 8TH MAY 2007.

At 2.00pm Uniqco International Vehicle Management provided a presentation in respect of the review of Council's Fleet Management Services.

QUESTIONS WITHOUT NOTICE COUNCILLOR J H BOWELL Q1 FILE: * That Council be advised of proposals to address the Mayors report to Council (16/12/06) concerning matters of concern by members of the Kempsey community. Responsible Officer EAG The Mayor advised that she had spoken to Chamber of Commerce and she would be progressing these matters with that organisation. Q2 FILE: * How have the matters raised in the staff survey concerning elected Councillors (image of Kempsey Shire Council and relationship with the community) been resolved? Responsible Officer AVB The General Manager will investigate and advise current position. Q3 FILE: * Can the Department of Housing be requested to advise of its application of CPTED Principles in Kempsey? Responsible Officer GBS The Director will investigate and advise. COUNCILLOR J C GRIBBIN Q1 FILE: * When will the Jerseyville sewerage scheme be completed and operating? Responsible Officer APV The Director Shire Services advised that the mains had been laid and the work was approximately 50% completed. Country Energy have not yet been able to resolve some electricity problems. Q2 FILE: * Is it true that only the General Manager is allowed to supply references to Council employees who are terminating their employment with Council? Responsible Officer AVB References can be issued by Managers once approved by either the General Manager or Manager Human Resources. Q3 FILE: * Is it Council policy that terminated employees must sign a confidentiality agreement? Responsible Officer AVB The General Manager advised this would only be the case if there is a settlement involved and it forms part of the terms of the settlement.

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COUNCILLOR R H McWILLIAM Q1 FILE: * At the last Council meeting it was advised at question time that with new developments at Hat Head deferred commencement consents issued would soon expire. Is the Director aware that these consents and any extensions once expired require the applicant to lodge a new application? Responsible Officer RBP The Director advised that this is the situation as provided for by Council’s resolution in the past and does apply. COUNCILLOR D F SAUL Q1 FILE: * Could the roadside on Summer Island Road be slashed due to blockage of sight distance? Responsible Officer APV The Director Shire Services advised that over last month slashers have been in the workshop and Summer Island Road is scheduled for slashing in the near future. Q2 FILE: * Can Council investigate SWR War Memorial that is reportedly deteriorating? Responsible Officer APV The Director Shire Services will investigate. Q3 FILE: * Could Council investigate the implication of drainage works undertaken at Smithtown Medical Centre that are affecting 61 Main Street? Responsible Officer APV The Director Shire Services will investigate. COUNCILLOR B R SOWTER Q1 FILE: * Can Council approve the extension of markets in the Kempsey Mall following the trial period? Responsible Officer RBP The Director Sustainable Development Services advised that this should be now subject to a development application which could be lodged by the Director Shire Services. Q2 FILE: * That following recent spraying of roadsides and under boundary fences positive feedback has been received. Could Council approach Country Energy regarding paying some of the costs of such work. Responsible Officer APV The Director Shire Services advised that this spraying was done under the Environmental Weeds Program however an approach could be made to Country Energy. Q3 FILE: *

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THIS IS PAGE 27 OF THE MINUTES OF THE ORDINARY MEETING OF THE KEMPSEY SHIRE COUNCIL HELD ON TUESDAY 8TH MAY 2007.

Councillor Sowter passed on thanks from the Hat Head Vintage Car Club regarding recent mowing of the roadsides however advised there is a concern over parking areas for them in the vicinity of the Hat Head Caravan Park in future years as there will be up to 120 cars involved. Responsible Officer GBS This matter will be given consideration.

CONCLUSION: There being no further business, the Meeting terminated at 2.58 p.m.