agenda - ordinary council meeting 21 june 2011 · agenda ordinary council meeting to be held 9.00...

Kempsey Shire Council – Ordinary Meeting 21 June 2011

KEMPSEY

SHIRE COUNCIL

AGENDA

ORDINARY COUNCIL

MEETING

to be held

9.00 AM 21 June 2011

at

COUNCIL CHAMBERS CIVIC CENTRE

CORNER TOZER AND ELBOW STREETS

WEST KEMPSEY NSW 2440


ORDER OF BUSINESS

1 OPENING PRAYER

ACKNOWLEDGEMENT OF TRADITIONAL ABORIGINAL LAND OWNERS

2 APOLOGIES

3 DECLARATIONS OF INTEREST

4 ASSESSMENT OF ITEMS LISTED FOR CONFIDENTIAL CONSIDERATION

5 CONFIRMATION OF MINUTES

6 PUBLIC FORUM / PRESENTATIONS

7 CONSIDERATION OF MOTIONS FOR CHANGES TO THE ORDER OF

BUSINESS AND CONSIDERATION OF SUPPLEMENTARY OR LATE

REPORTS

8 CONSIDERATION OF REPORTS RELATING TO PUBLIC FORUM MATTERS

9 MAYORAL MINUTES

10 NOTICES OF MOTION

11 RESCISSION MOTIONS

12 DELEGATES REPORTS

13 COMMITTEE REPORTS

14 QUESTIONS ON NOTICE

15 COMMUNITY STRATEGIC AND MANAGEMENT PLAN REPORTS

16 CONFIDENTIAL ITEMS

17 CONCLUSION


BUSINESS PAPER INDEX

1 OPENING PRAYER ............................................................................................................... 6

ACKNOWLEDGEMENT OF THE TRADITIONAL ABORIGINAL LAND OWNERS ........................................... 6

2 APOLOGIES ......................................................................................................................... 6

3 DECLARATIONS OF INTEREST .............................................................................................. 6

4 ASSESSMENT OF ITEMS LISTED FOR CONFIDENTIAL CONSIDERATION ................................ 6

5 CONFIRMATION OF MINUTES ............................................................................................. 6

MINUTES OF THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL DATED 17 MAY 2011 ....................................... 6 MINUTES OF THE WORKS INSPECTION COMMITTEE MEETING OF KEMPSEY SHIRE COUNCIL DATED 6 JUNE 2011 ........... 6

6 PUBLIC FORUM / PRESENTATIONS ..................................................................................... 6

7 CONSIDERATION OF MOTIONS FOR CHANGES TO THE ORDER OF BUSINESS AND CONSIDERATION OF SUPPLEMENTARY OR LATE REPORTS .................................................. 6

8 CONSIDERATION OF REPORTS RELATING TO PUBLIC FORUM MATTERS ............................. 6

9 MAYORAL MINUTES ........................................................................................................... 8

MM1 MAYORAL AND COUNCILLOR ACTIVITIES.................................................................................................. 8 MM2 MID NORTH COAST GROUP OF COUNCILS (MIDGOC) .............................................................................. 9 MM3 STRAMIT NSW SURF LIFE CHAMPIONSHIPS 2012-2013 ......................................................................... 11 MM4 PLOMER ROAD, CRESCENT HEAD ......................................................................................................... 12 MM5 MEETING WITH MEMBERS OF STATE PARLIAMENT .................................................................................. 13 MM6 EMERITUS AWARD - MAYOR .............................................................................................................. 14 MM7 FREEDOM OF THE SHIRE NO 77 SQUADRON RAAF ................................................................................. 15 MM8 CARAVAN PARK LEVY COMMITTEE ....................................................................................................... 15 MM9 FLOOD ASSISTANCE TO FARMERS ......................................................................................................... 16 MM10 PACIFIC HIGHWAY TASKFORCE ............................................................................................................ 17 MM11 LOCAL GOVERNMENT – DESTINATION 2036 .......................................................................................... 18

10 NOTICES OF MOTION ........................................................................................................ 19

NOM1 MID NORTH COAST CORRECTIONAL CENTRE – SOCIAL AUDIT ................................................................... 19

11 RESCISSION MOTIONS ...................................................................................................... 21

RM1 PROPOSED MULTIPLE DWELLINGS AT SOUTH WEST ROCKS....................................................................... 21 RM2 PROPOSED MULTIPLE DWELLINGS AT SOUTH WEST ROCKS....................................................................... 31

12 DELEGATES REPORTS ........................................................................................................ 42

13 COMMITTEE REPORTS ...................................................................................................... 43

LOCAL TRAFFIC COMMITTEE ........................................................................................................................... 43

14 QUESTIONS ON NOTICE .................................................................................................... 51

RESPONSES TO QUESTIONS FROM 17 MAY 2011 ............................................................................................... 51 QUESTIONS TO THIS MEETING ......................................................................................................................... 51

15 COMMUNITY STRATEGIC AND MANAGEMENT PLAN REPORT .......................................... 54

OVERVIEW OF PERFORMANCE INDICATORS ....................................................................................................... 54 OVERVIEW OF STATUS OF SPECIFIC ACTIONS ..................................................................................................... 54 OVERVIEW OF STATUS OF COUNCIL RESOLUTIONS .............................................................................................. 54 OVERVIEW OF FINANCIAL INFORMATION .......................................................................................................... 55

GOAL 1: TO FACILITATE ECOLOGICAL AND ECONOMICAL SUSTAINABLE DEVELOPMENT IN THE SHIRE ................................................................................................................................ 58

1.1 SUMMARY OF PREVIOUSLY ADOPTED VARIATIONS .................................................................................. 58


1.2 ONGOING ACTION REPORT ................................................................................................................. 58 1.3 SPECIFIC PROJECTS ACTION REPORT ..................................................................................................... 58 1.3.1 DEVELOPMENT CONTROL PLAN FOR SALTWATER SOUTH WEST ROCKS ....................................................... 60 1.4 PREVIOUS RESOLUTION UPDATES ........................................................................................................ 62 1.5 PERFORMANCE INDICATORS................................................................................................................ 63 1.6 FINANCIAL INFORMATION................................................................................................................... 64 1.7 DEVELOPMENT APPROVALS & REGULATORY PLANNING FUNCTIONS ........................................................... 65 1.7.1 PROPOSED BOUNDARY ADJUSTMENT ................................................................................................... 65 1.7.2 PROPOSED BOUNDARY ADJUSTMENT ................................................................................................... 69 1.7.3 CHANGE THE USE AND ALTERATIONS OF THE EXISTING DWELLING IN CRESCENT HEAD ..................................... 72 1.7.4 BUILDING AND DEVELOPMENT APPROVALS ........................................................................................... 90

GOAL 2 TO FOSTER AND ENHANCE EFFECTIVE SOCIAL, CULTURAL AND COMMUNITY RELATIONS BUILDING RESPECT AND CIVIC PRIDE ................................................................................ 97

2.1 SUMMARY OF PREVIOUSLY ADOPTED VARIATIONS .................................................................................. 97 2.2 ONGOING ACTIONS REPORT ............................................................................................................... 97 2.2.1 ALCOHOL PROHIBITED AREAS ........................................................................................................... 103 2.2.2 AUSTRALIAN ANGLERS ASSOCIATION 32

ND NATIONAL ANGLING CHAMPIONSHIPS 26 JULY – 11 AUGUST 2011,

SOUTH WEST ROCKS ....................................................................................................................... 104 2.2.3 WILLAWARRIN TENNIS COURT FACILITY .............................................................................................. 105 2.2.4 AFFIXING COUNCIL SEAL – SERVICE AGREEMENT .................................................................................. 106 2.3 SPECIFIC PROJECTS ACTION REPORT ................................................................................................... 107 2.4 PREVIOUS RESOLUTIONS UPDATE ...................................................................................................... 108 2.4.1 INVESTIGATIONS INTO HAVING THE WHOLE OF KEMPSEY SHIRE AN ALCOHOL FREE ZONE .............................. 108 2.4.2 SHIRE NAME CHANGE ..................................................................................................................... 110 2.4.3 355 STATUS - KEMPSEY SINGERS ....................................................................................................... 111 2.5 PERFORMANCE INDICATORS .............................................................................................................. 113 2.6 FINANCIAL INFORMATION................................................................................................................. 114

GOAL 3: TO PLAN AND FUND THE SHIRE’S INFRASTRUCTURE AND SERVICE NEEDS...................... 116

3.1 SUMMARY OF PREVIOUSLY APPROVED VARIATIONS............................................................................... 116 3.2 ONGOING ACTIONS REPORT ............................................................................................................. 117 3.2.1 ELBOW STREET AND RIVER STREET, WEST KEMPSEY – TESTING OF ROAD PAVEMENT ON SERVICE ROAD ......... 120 3.2.2 PROVISION OF LIFEGUARD SERVICES FOR THE 2011/12 SUMMER SEASON ................................................ 122 3.2.3 SITE FOR SENIOR CITIZENS CENTRE AT SOUTH WEST ROCKS .................................................................... 123 3.2.4 CIVIC CENTRE ENERGY AUDIT............................................................................................................ 125 3.3 SPECIFIC PROJECTS ACTION REPORT ................................................................................................... 127 3.4 PREVIOUS RESOLUTIONS UPDATES ..................................................................................................... 130 3.5 PERFORMANCE INDICATORS.............................................................................................................. 131 3.6 FINANCIAL INFORMATION................................................................................................................. 132

GOAL 4: TO PURSUE BENEFICIAL RELATIONSHIPS WITH REGIONAL NEIGHBOURS AND OTHER LEVELS OF GOVERNMENT ............................................................................................... 135

4.1 SUMMARY OF PREVIOUSLY APPROVED VARIATIONS............................................................................... 135 4.2 ONGOING ACTIONS REPORT ............................................................................................................. 135 4.2.1 SHIRES ASSOCIATION OF NSW - ANNUAL CONFERENCE 2011 ................................................................ 135 4.2.2 MEETING WITH MINISTER FOR ROADS, THE HON DUNCAN GAY MLC ...................................................... 138 4.2.3 MEETING WITH MINISTER FOR PRIMARY INDUSTRIES, THE HON KATRINA HODGKINSON MP ........................ 138 4.2.4 APPROACH BY MIDCOAST WATER – TRANSFER OF WATER/SEWER OPERATIONS ........................................ 140 4.2.5 CONFERENCES AND SEMINARS .......................................................................................................... 142 4.3 SPECIFIC PROJECTS ACTIONS REPORT ................................................................................................. 144 4.4 PERFORMANCE INDICATORS.............................................................................................................. 144 4.5 PREVIOUS RESOLUTIONS UPDATE ...................................................................................................... 144 4.6 FINANCIAL INFORMATION................................................................................................................. 145

GOAL 5: TO ENSURE LEADERSHIP AND EFFECTIVE, EFFICIENT ACCOUNTABLE MANAGEMENT ..... 146

5.1 SUMMARY OF PREVIOUSLY ADOPTED VARIATIONS ................................................................................ 146 5.2 ONGOING ACTION REPORT ............................................................................................................... 146


5.2.1 STATEMENT OF CASH AND INVESTMENTS ............................................................................................ 146 5.2.2 MAYORAL AND COUNCILLOR FEES FOR 2011-2012 ............................................................................. 147 5.2.3 TENDER FOR THE SUPPLY AND DELIVERY OF BULK FUEL, LUBRICANTS AND ABOVE GROUNF STORAGE TANKS ..... 148 5.2.4 TENDER FOR THE SUPPLY AND DELIVERY OF TRAFFIC & SAFETY SIGNAGE .................................................... 150 5.2.5 TENDER FOR THE SUPPLY OF INDUSTRIAL HARDWARE AND ASSOCIATED PRODUCTS ..................................... 151 5.2.6 2010/11 LOAN BORROWING PROGRAM ............................................................................................ 153 5.2.7 DRAFT DELIVERY PROGRAM 2011–2015 AND OPERATIONAL PLAN 2011-2012 ...................................... 156 5.3 SPECIFIC ACTIONS REPORT ............................................................................................................... 169 5.4 PREVIOUS RESOLUTIONS UPDATE ...................................................................................................... 170 5.5 PERFORMANCE INDICATORS.............................................................................................................. 170 5.6 FINANCIAL INFORMATION................................................................................................................. 171

16 CONFIDENTIAL ITEMS ..................................................................................................... 173

MOTION FOR CONFIDENTIAL SESSION .................................................................................................. 173 CONFIDENTIAL - QUESTION ON NOTICE.......................................................................................................... 174

GOAL 1: TO FACILITATE ECOLOGICAL AND ECONOMICAL SUSTAINABLE DEVELOPMENT IN THE SHIRE .............................................................................................................................. 175

1.1 PEER REVIEW OF FLOOD MODELLING, SALTWATER PRECINCT SOUTH WEST ROCKS ..................................... 175 1.2 LEGAL OPINION - STATE ENVIRONMENTAL PLANNING POLICY AFFORDABLE RENTAL HOUSING 2009 .............. 175

GOAL 5: TO ENSURE LEADERSHIP AND EFFECTIVE, EFFICIENT ACCOUNTABLE MANAGEMENT ..... 177

5.1 VARIOUS LEGAL MATTERS ................................................................................................................ 177

17 CONCLUSION .................................................................................................................. 178


1 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".

ACKNOWLEDGEMENT OF THE TRADITIONAL ABORIGINAL LAND

OWNERS

“Council acknowledges that this meeting is being held on the traditional lands of the

Dunghutti People”.

2 APOLOGIES

That the apology submitted by Councillors for non-attendance at the meeting be

accepted and leave of absence granted.

3 DECLARATIONS OF INTEREST

That Councillors‟ declared interests be noted.

4 ASSESSMENT OF ITEMS LISTED FOR CONFIDENTIAL

CONSIDERATION

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

meeting.

5 CONFIRMATION OF MINUTES

Minutes Of The Ordinary Meeting Of Kempsey Shire Council

Dated 17 May 2011

That the Minutes of the Ordinary Meeting of Kempsey Shire Council dated 17 May

2011 be confirmed.

Minutes Of The Works Inspection Committee Meeting Of

Kempsey Shire Council Dated 6 June 2011

That the Minutes of the Works Inspection Committee Meeting of Kempsey Shire

Council dated 6 June 2011 be confirmed.

6 PUBLIC FORUM / PRESENTATIONS

7 CONSIDERATION OF MOTIONS FOR CHANGES TO THE ORDER OF

BUSINESS AND CONSIDERATION OF SUPPLEMENTARY OR LATE

REPORTS

That the Agenda Order of Business be adopted and that late reports be considered

in conjunction with the relevant Director‟s reports.

8 CONSIDERATION OF REPORTS RELATING TO PUBLIC FORUM

MATTERS


That the reports relating to the items dealt with in Public Forum be brought forward

and dealt with immediately.

Mayoral Minute Kempsey Shire Council – Ordinary Meeting 21 June 2011

9 MAYORAL MINUTES

SUMMARY

Reporting on activities for the month of May 2011.

That the information be noted.

RECOMMENDATION IMPLICATIONS

Environmental, Social, Economic (Financial), Policy or Statutory: Nil

REPORT DETAILS

Mayor

3 May Rotary

4 Community Safety and Crime Prevention Working Party

5 Citizenship Ceremony

6 General Manager‟s Review

9 Works Committee Inspection

10 Library – Launch of “Save Power Kits”

11 Bupa Kempsey – Book Launch

11 Kempsey Show

13 Pacific Highway and Airport – The Hon Anthony Albanese MP and

Rob Oakeshott MP

17 Ordinary Council meeting

17 Science and Engineering Challenge

18 Legacy Changeover Luncheon

18 Melville High Hall

19 Member for Oxley – Biggest Morning Tea

19 Adventist School – Recognition Ceremony BER Projects

19 Meeting with The Hon Andrew Stoner MP

19 Science and Engineering Challenge

20 MIDGOC

23 Salvation Army Red Shield Appeal - Flag Raising Ceremony

23 Citizenship Ceremony

24 Australia Day Committee

25 North Coast Innovation Festival – High Education Project

26 Dunghutti Sport and Recreation

27 Funeral (late D K McKay)

31 Shires Conference

31 Meeting with the Hon Duncan Gay, Minister for Roads

Councillors

Date Councillor Function/Meeting

2 May Cr Sproule Communities for Children Plus meeting

4 Cr Saul Weeds Action Program Review, Pt Macquarie

RECOMMENDATION

MM1 Mayoral and Councillor Activities File: 380 {Folio No. *}


4 Cr Green Community Safety and Crime Prevention

Working Party

4 Cr Sproule Regional Aboriginal Konnections at

Booroongen Djugen College

9 Crs Campbell, Green,

Sproule, Snowsill, Saul,

Gribbin and Walker

Works Committee Inspection

10 Crs Green and Sproule Launch of Save Power Kit at KSC Library

11 Cr Green Art Gallery Committee

12 Cr Sproule AMNC RADO Performance Review at Greater

Taree City Council

14 Cr Saul National Medal & Long Service Award

Ceremony at Kempsey Fire Control Centre

17 ALL Ordinary Council meeting

18 Cr Saul Bushfire Management Committee, Nambucca

Fire Control Centre

18 Crs Green and Sproule Melville Community Hall Committee - AGM

and General meeting

19 Cr Sproule Arts Mid North Coast AGM

21 Cr Saul Saul Family Reunion

21 Cr Saul Hat Head SLSC Celebration

24 Crs Campbell and Green Australia Day Committee

25 Cr Saul Weeds Coordinating Committee, Gloucester

25 Crs Campbell, Green

and Sproule

North Coast Innovation Festival – High

Education Project

30-31 Crs Campbell, Hayes

and Walker

Shires Conference, Sydney

31 Cr Campbell Meeting with the Hon Duncan Gay, Minister

for Roads

SUMMARY

Reporting on attendance at a meeting of MIDGOC held at Coffs Harbour on Friday

20 May 2011.



Environmental, Social, Policy or Statutory: Nil

Economic (Financial): The essential engagement of a Secretariat may involve an

increase in the annual contribution by Council.

REPORT DETAILS

Matters of interest included:

RECOMMENDATION

MM2 Mid North Coast Group of Councils (MIDGOC) File: 131 {Folio No. *}


a) Car Pooling Program – Steve McGrath, General Manager, Coffs Harbour City

Council seeking support of all councils.

b) Advocacy

Financial Sustainability

Gloucester Shire Council General Manager, Allan Young has requested

particular financial information from all member councils.

Timber Bridges

A draft position paper has been provided by Nambucca Shire Council General

Manager, Michael Coulter – copy attached (Appendix A - Page MM1).

NOTE: Mr Rob Oakeshott, Member for Lyne, had requested MIDGOC and

NOROC prepare a funding application for the replacement of bridges in

their areas.

Coastal Erosion

A policy position prepared by Gerard Jose, General Manager, Greater Taree City

Council – copy attached (Appendix B - Page MM9).

Flood Mitigation

Responsibility of David Rawlings, General Manager, Kempsey Shire Council.

Waste Management

Liz Jeremy, General Manager, Bellingen Shire Council waiting on input to draft

position paper by member councils.

Emergency Services

Position paper prepared by Glenn Handford, General Manager, Great Lakes

Council copy attached (Appendix C - Page MM14).

Recommendations adopted.

NOTE: In his address to MIDGOC Rural Fire Services Commissioner, Shane

Fitzsimmons, referred to a number of issues contained in the Position

Paper. It is anticipated these issues will be the subject of further

clarification.

NOTE: The Rural Fire Service is to be requested to give consideration to an

annual levy being included on the rate notice for full cost recovery.

c) Financial Position

As at 20.5.11 $98,080.82

d) Draft Constitution

Adopted – copy attached (Appendix D - Page MM21). Part 2

e) General Business

Affordable Housing

Changes to legislation.

Move to the Regions

http://www.kempsey.nsw.gov.au/pdfsCnlMtgs/2011/cmeeting20110621/210611o-mm-appa.pdf

http://www.kempsey.nsw.gov.au/pdfsCnlMtgs/2011/cmeeting20110621/210611o-mm-appb.pdf

http://www.kempsey.nsw.gov.au/pdfsCnlMtgs/2011/cmeeting20110621/210611o-mm-appc.pdf

http://www.kempsey.nsw.gov.au/pdfsCnlMtgs/2011/cmeeting20110621/210611o-mm-appd-pt1.pdf

http://www.kempsey.nsw.gov.au/pdfsCnlMtgs/2011/cmeeting20110621/210611o-mm-appd-pt2.pdf


It was resolved that the General Managers‟ Group would consider an

application for a grant of up to $1 million to support regional promotions –

Media Release attached (Appendix E - Page MM35).

Planning for the 2012 MIDGOC Summit will be considered in respect to this

matter.

MIDGOC Secretariat

It was resolved that the General Managers‟ Group report to the next meeting

on the engagement of a Secretariat to MIDGOC.

Next Meeting

Nambucca Shire Council 26 August 2011.

SUMMARY

Reporting on a request for financial assistance.

1 That Council allocate $10,000 in the 2012/2013 budget to support the

South West Rocks Surf Club Inc to conduct the 2013 Country Surf

Championships.

2 That Council continue to pursue outcomes from resolutions of March

2011.


Environmental, Policy or Statutory: Nil

Social: The Surf Championships provide an attraction to the area.

Economic (Financial): $10,000 (2012-2013)

REPORT DETAILS

A copy of the club‟s request is attached (Appendix F - Page MM36).

In February 2009 Council resolved:

That $10,000 be allocated in the 2009/10 budgets for the South West Rocks

Surf Life Saving Club Inc to assist with the cost to stage the 2010 Country

Surf Championships with South West Rocks Surf Club to roll over $10,000

from profits to be allocated to the 2011 and 2012 Country Surf

Championships.

At the meeting in March 2009, following a request from NSW Surf Life Saving,

Council resolved:

RECOMMENDATION

MM3 Stramit NSW Surf Life Championships 2012-2013 File: 447 {Folio No. *}

http://www.kempsey.nsw.gov.au/pdfsCnlMtgs/2011/cmeeting20110621/210611o-mm-appe.pdf

http://www.kempsey.nsw.gov.au/pdfsCnlMtgs/2011/cmeeting20110621/210611o-mm-appf.pdf


That $10,000 be allocated in the 2009/10, 2010/11 and 2011/12 budgets

for the South West Rocks Surf Lifesaving Club Inc to assist with the cost to

stage the 2010, 2011 and 2012 Country Surf Championships.

In March 2011, Council resolved:

1 That Council endorse the bid to host the 2013 NSW Surf Life Saving

Country Championships at SWR.

2 That Surf Life Saving NSW be requested to give consideration to the

submission made by the South West Rocks Chamber of Commerce to

move the dates of the event.

3 That Council request NSW Surf Life Saving to provide Council with a

financial statement showing the results of the last two years of the

event.

In determining the original resolution, Council was informed by NSW Surf Life

Saving that the championships would generate $4.3 million within the local

economy each year.

The amended resolution was at the request of NSW Surf Life Saving in that they

wanted to be assured of each year‟s contribution from Council.

No advice has been received to date on either the possible change of dates or the

financial outcomes for 2010 and 2011.

SUMMARY

Reporting on representations made as to the condition of the road.

1 That Council be provided with a report detailing the requirements for a

major upgrading program for Plomer Road, bearing in mind the heavy

vehicle usage and ongoing deterioration of the road.

2 That in view of the extended area of land in the ownership of the State

Government‟s National Park and Wildlife Service, an increased financial

contribution be requested towards the maintenance and repair of

Plomer Road, Crescent Head.

3 That representations be made through the Hon Andrew Stoner MP,

Member for Oxley, accordingly.



Social: The condition of the road is reportedly causing many problems with vehicle

damage.

RECOMMENDATION

MM4 Plomer Road, Crescent Head File: R. Point Plome {Folio No. *}


Economic (Financial): Ongoing maintenance and repair costs compared to sealing

of the full extent.

REPORT DETAILS

A copy of a plan of the area indicating land under the control of the State

Government is attached (Appendix G - Page MM37).

NOTE: The State Government‟s current promised contribution (MOU) to this road is

$10,000.

SUMMARY

Reporting that the Hon Andrew Stoner MP, Member for Oxley, arranged for

meetings with three members of State Parliament during the week of the Annual

Conference of the NSW Shires Association.

1 That the Hon Andrew Stoner MP, Member for Oxley, be thanked for

arranging the interviews with the respective members of the State

Government.

2 That the Governing Council of the Mid North Coast Local Health

Network be requested to investigate the feasibility of a public/private

facility in the redevelopment of Kempsey District Hospital.

3 That Council continue to pursue the provisions of health services for

the benefit of the community.


Environmental, Economic (Financial), Policy or Statutory: Nil

Social: Health services are of significant importance to our community.

REPORT DETAILS

The meetings were held with the Hon Duncan Gay MLC, Minister for Roads and

Ports; the Hon Katrina Hodgkinson MP, Minister for Primary Industries and Small

Business; and Ms Melinda Pavey MLC, Parliamentary Secretary for Regional Health.

The General Manager, Mr David Rawlings, will provide reports on the meetings with

Ministers Gay and Hodgkinson.

The Deputy Mayor, Cr Liz Campbell and I met with Ms Pavey concerning a range of

issues including:

Redevelopment of Kempsey District Hospital

RECOMMENDATION

MM5 Meeting with Members of State Parliament File: 579 Copy: 265, 46 {Folio No. *}

http://www.kempsey.nsw.gov.au/pdfsCnlMtgs/2011/cmeeting20110621/210611o-mm-appg.pdf


The 2006 Master Plan is considered to be out-of-date. Ms Pavey will request

the Local Health Network to update the Master Plan to include the feasibility

of a public/private facility for consideration.

Consideration will be required to engage cross community consultation to

attract all possible avenues of funding for a potential public/private hospital

to service the Macleay Valley.

A copy of the document for Griffith Community Private Hospital was

provided, copy attached (Appendix H - Page MM38). Part 2

Renal Dialysis

Services being investigated by Local Health Network, particularly staffing.

Nurse-To-Patient Ratio

An assessment of staffing levels to be undertaken.

Use of Lutetium-177 in Treatment for Neuroendocrine Tumours

(NBTS)

Whilst this treatment has been available in Victoria, Western Australia and

Queensland this matter is subject to investigation in New South Wales.

Mental Health

This area of health is not included within Ms Pavey‟s portfolio. However,

advice was provided that the proposed State Mental Health Commission will

be arranging for consultation forums throughout the State.

It is also understood that the Department of School Education and Training

will be reviewing counselling services within the school system.

SUMMARY

Reporting on an award to myself as Mayor, Kempsey Shire Council presented at the

annual NSW Shires Conference.




REPORT DETAILS

The NSW Shires Association presents the Emeritus Award for Mayors who have

served at least three years in the position.

RECOMMENDATION

MM6 Emeritus Award - Mayor

File: 40 {Folio No. *}

http://www.kempsey.nsw.gov.au/pdfsCnlMtgs/2011/cmeeting20110621/210611o-mm-apph-pt1.pdf

http://www.kempsey.nsw.gov.au/pdfsCnlMtgs/2011/cmeeting20110621/210611o-mm-apph-pt2.pdf


The information submitted to the Association advised that I had served as Mayor to

Kempsey Shire Council from 1996 to 1998 and from 2008 to 2011 and, as well,

Deputy Mayor for two years.

SUMMARY

Reporting on a proposal to commemorate 25 years of the granting of Freedom of

the Shire for entry to No 77 Squadron Royal Australian Air Force.

That Council support the commemoration of the 25 years event with the No

77 Squadron RAAF at Council‟s meeting on 20 September.



Social: There is a community of interest to maintain.

Economic (Financial): Less than $1,000.

REPORT DETAILS

Council, in November 2010, resolved to vote $10,000 for a celebration of the 1986

event.

A commemorative event in 2011 would naturally be dependent upon the availability

of the Squadron.

As a result of recent discussions, it is proposed to celebrate the 25 years at

Council‟s meeting on 20 September 2011.

The Squadron will arrange for three officers to attend Council‟s meeting with a

short presentation and exchange of gifts to commemorate the 25 years granting of

the Freedom of the Shire.

SUMMARY

Reporting on attendance at a meeting held in Sydney on Wednesday 8 June 2011

on behalf of the NSW Shires Association.

RECOMMENDATION

MM8 Caravan Park Levy Committee


RECOMMENDATION

MM7 Freedom of the Shire No 77 Squadron RAAF File: 324 {Folio No. *}





REPORT DETAILS

Fifteen (15) applications were submitted for consideration on a range of issues

including new cabins, playground equipment, camp kitchens, multi-purpose

facilities, recreation facilities, ensuite amenities and laundry equipment, as well as

site works.

Two applications were deferred due to lack of information in respect to proposed

portable amenities and eco-tents. These two matters may well be interest for

many caravan parks.

Two applications were refused due to non-compliance with the objectives.

Overall, the standard of applications was inadequate in detail, a matter which is to

be addressed through regional offices.

Interest rates (3.5% and 5.0%) will remain unchanged.

The next meeting is scheduled for Wednesday 16 November 2011.

SUMMARY

Reporting on advice received from the Shires Association of NSW (Appendix I -

Page MM58).




REPORT DETAILS

In December 2010 Council resolved:

That Council seek through the Local Government and Shires Association

to cooperate with the NSW Farmers Association to determine what

support can be given to the affected farmers in NSW from the recent

floods.

RECOMMENDATION

MM9 Flood Assistance to Farmers File: 3 {Folio No. *}

http://www.kempsey.nsw.gov.au/pdfsCnlMtgs/2011/cmeeting20110621/210611o-mm-appi.pdf

http://www.kempsey.nsw.gov.au/pdfsCnlMtgs/2011/cmeeting20110621/210611o-mm-appi.pdf


SUMMARY

Reporting on attendance at the meeting held at Coffs Harbour on Friday 10 June

2011.

That the informaton be noted.



Social: Completion of the highway upgrade has significant benefits for the

community.

Economic (Financial): Continuation of construction works has impact on the local

economy.

REPORT DETAILS

The meeting was attended by representatives of seven (7) councils; NRMA; Doctors

for a Safe Pacific Highway; and Regional Development Australia.

Reference was made to the announcement by the Federal Minister for

Infrastructure and Transport, the Hon Anthony Albanese MP, that an extra $1.02

billion would be allocated to further accelerate the duplication of the Pacific

Highway.

The minutes of the Senate Rural Affairs and Transport Legislation Committee

indicated:

a) $700 million provided in the mid year economic forecast

b) $270 million had been redirected from other projects in New South Wales

c) $50 million has been provided in the 2011-2012 budget

This funding will enable the completion of all the planning, the route alignment

planning and the land acquisition for the complete duplication and enable the first

priority for the next stage – Frederickton to Eungai to commence.

The Australian Government, according to the minutes, has requested the New

South Wales Government to match $750 million of new funding.

It is quoted in the minutes that the F3 to Raymond Terrace and the Coffs Harbour

bypass are not included in the calculations to duplicate the Pacific Highway.

It was resolved that representations be made to the Hon Andrew Stoner MP,

Deputy Premier, Member for Oxley and Leader of the Nationals with a request that

a meeting be arranged with the Hon Duncan Gay MLC, Minister for Roads and the

Hon Don Page MP, Minister for Local Government and Minister for the North Coast

to stress the importance of funding being provided by the State Government.

RECOMMENDATION

MM10 Pacific Highway Taskforce File: 118 {Folio No. *}


At Council‟s meeting on 13 July 2010 a Mayoral Minute reported that the Minister

for Infrastructure and Transport, the Hon Anthony Albanese MP had stated that

there was no point in allocating additional funds if the State Government was not

ready to do so.

An attempt will be made to organise a meeting with Mr Rob Oakeshott MP, Member

for Lyne during the National General Assembly to be held in Canberra to discuss

ongoing support for the completion of the total duplication of the Pacific Highway.

I took the opportunity to congratulate the NRMA for the promotional campaigns in

the two editions of Open Road in 2011.

The next meeting will be arranged for August in Port Macquarie to suit the

availability of Mr Rob Oakeshott MP, Member for Lyne.

SUMMARY

Reporting the Division of Local Government is proposing a workshop to be held in

Dubbo on 17 and 18 August 2011.

That Deputy Mayor, Cr Liz Campbell represent Council.



REPORT DETAILS

A copy of the advice from the Division of Local Government is attached (Appendix

J - Page MM59).

RECOMMENDATION

MM11 Local Government – Destination 2036 File: 25 {Folio No. *}

http://www.kempsey.nsw.gov.au/pdfsCnlMtgs/2011/cmeeting20110621/210611o-mm-appj.pdf

http://www.kempsey.nsw.gov.au/pdfsCnlMtgs/2011/cmeeting20110621/210611o-mm-appj.pdf

Notice Of Motion Kempsey Shire Council – Ordinary Meeting 21 June 2011

10 NOTICES OF MOTION

I intend to move the following Motion at the Ordinary meeting to be held 21 June

2011.

“That Council make representation to the New South Wales State

Government supporting the request of the Kempsey & District Chamber of

Commerce & Industry Inc for an Independent Social Audit to be

undertaken of the Mid North Coast Correctional Centre and the Community

Offenders Support Program (COSP).”

MOTION IMPLICATIONS

Environmental, Social: A social audit would provide information on the current

social environment impacted on by the correctional facility and the COSP. This

information could then be used to leverage any advantages of having these

facilities in Kempsey.

Economic (Financial): Direct financial cost to Council - Nil. Economic initiatives

and benefits could be identified as part of the social audit that would increase the

overall economic value of the Macleay.

Policy or Statutory: Nil

REPORT DETAILS

A social audit is being sought by the business community to identify the social

environmental impacts the facility and associated programs have had on our

community since being established.

So far, the main focus of information provided to the community has been to

highlight the economic benefit of these facilities. It has not addressed the social

impacts of the facility. Social accounting highlights social implications and is the

process of communicating the social and environmental effects of organisations‟

economic actions to particular interest groups within society and to society at large.

A social audit would give our community valuable information to assist with

addressing ongoing social infrastructure and social implications with our

community. It will ensure that the community is aware of the triple bottom line

impacts of the facility, rather than just one aspect of the impacts.

Some of the questions being asked within the community include:

Is the existence of the correctional facility leading to people relocating in the

local area and, if so, to what extent?

If so, is adequate social infrastructure and services available in the Macleay

Valley to cater for the people who are relocating to the area as a result of being

at the facility or related to people at the facility.

If the facility is leading to people relocating to the area after they have been

released, are there adequate employment, housing and lifestyle opportunities

NOM1 Mid North Coast Correctional Centre – Social Audit File: * {Folio No. *}

Notice Of Motion Kempsey Shire Council – Ordinary Meeting 21 June 2011

on the Macleay to ensure that they can properly re-enter society and are not

placed in a situation that increases their chance of re-offending.

What supervision and programs are in place for parolees so that they can

interact properly in the community, rather than be isolated and have to spend a

lot of time trying to fill in their days.

These questions could be addressed in a full social audit. Opportunities could then

be identified to address any shortfalls within the social fabric of the Macleay. It

would also allow for the identification of further opportunities for partnerships and

to working with the positive impacts of these public facilities being located here.

……………………………………..

COUNCILLOR E A CAMPBELL

Rescission Motion Kempsey Shire Council – Ordinary Meeting 21 June 2011

11 RESCISSION MOTIONS

We intend to move that the resolution 2011.WI190 from the Works Committee

Inspection meeting held Monday 9 May 2011 as printed below:

“That the proposer be requested to amend the application so that it is

more in line with the surrounding developments.”

Details of previous approval sites are attached (Appendix A - Page RM1).

In the event that the above rescission is carried we intend to move the following:

A That a variation to the provisions of Clause 11.6 of Council‟s

Development Control Plan No. 22 be supported; and

B That consent be granted subject to the following conditions:

PARAMETERS OF THIS CONSENT

1 Development is to be in accordance with approved plans

The development shall be implemented in accordance with the

plans and supporting documents set out in the following table

except where modified by any conditions of this consent.

Plan No./ Supporting Document

Version Prepared by Dated

Site Plan (Sheet 02/08 -

Job No. 00821U)

02

Midcoast Design

and Drafting

03 Mar 2011

Floor Plan – Unit One (Sheet 03/08 - Job No. 00821U)

02

Midcoast Design and Drafting

03 Mar 2011

Elevations (Sheet 04/08 - Job No. 00821U)

02


03 Mar 2011

Floor Plan – Unit Two (Sheet 06/08 - Job No.

00821U)

02


03 Mar 2011

Elevations (Sheet 07/08 - Job No. 00821U)

02


03 Mar 2011

RM1 Proposed Multiple Dwellings at South West Rocks File: T6-10-399 {Folio No. *}

http://www.kempsey.nsw.gov.au/pdfsCnlMtgs/2011/cmeeting20110621/210611o-rm-appa.pdf


In the event of any inconsistency between conditions of this

development consent and the plans/supporting documents

referred to above, the conditions of this development consent

prevail.

The approved plans and supporting documents endorsed with

the Council stamp and authorised signature must be kept on site

at all times while work is being undertaken.

2 Compliance with Building Code of Australia and insurance

All building work shall be carried out in accordance with the

requirements of the Building Code of Australia as in force on the

date the application for the relevant Construction Certificate was

made.

3 This consent does not permit commencement of any works

This consent does not permit commencement of any works.

Works shall not commence until such time as a Construction

Certificate has been obtained and the appointment of a Principal

Certifying Authority.

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO

ISSUE OF A CONSTRUCTION CERTIFICATE FOR BUILDING WORKS

4 Engineer‟s Details

Prior to the issue of a Construction Certificate engineer‟s details

for the footings, foundations, reinforced concrete slab, structural

components, details of cut and fill and retaining walls shall be

approved by the Principal Certifying Authority (PCA). The

Construction Certificate shall not be issued until the PCA is

satisfied the engineer‟s details have been prepared in

accordance with Council‟s Development Control Plan No. 36 by

an appropriately qualified, experienced and practicing Engineer.

5 Works within the road reserve Section 138 approval required

Prior to the issue of a Construction Certificate an approval under

Section 138 of the Roads Act 1993 for all works within the road

reserve shall be obtained from Council. Three (3) copies of

engineering construction plans shall accompany the application

for consent for works within the road reserve. Such plans shall

be in accordance with Council's Adopted Engineering Standard.

6 Water and Sewerage Section 68 approval required


Section 68 of the Local Government Act 1993 to carry out water

supply work and sewerage work shall be obtained from Council.

All water and sewer design shall be endorsed by the Manager of

Macleay Water.

7 Stormwater drainage approval required


Section 68 of the Local Government Act 1993 to carry out to

carry out stormwater drainage work shall be obtained from

Council.

The stormwater drainage is to be designed to direct all water to

a Council approved drainage system to prevent discharge runoff


onto adjoining land. The drainage system is to be designed for 1

in 20 year storm event. All piped drainage lines over adjoining

land are to be located within drainage easements. All costs are

the responsibility of the proponent.

Engineering plans and specifications shall be submitted in

triplicate and shall include details in accordance with Appendix C

of AS/NZS 3500.3:2003 - Plumbing and drainage, Part 3:

Stormwater drainage and in compliance with Council's Adopted

Engineering Standard.

8 Compliance with BASIX Certificate

Prior to the issue of a Construction Certificate plans and

specifications shall be provided to the Principal Certifying

Authority (PCA) demonstrating the works required to satisfy the

requirements of BASIX Certificate 344116S, dated 29 October

2010. The Construction Certificate shall not be issued until the

PCA is satisfied the plans and specifications comply with the

commitments indicated in this BASIX Certificate.

9 Sediment and Erosion Control Plan required

Prior to the issue of a Construction Certificate a Sediment and

Erosion Control Plan shall be provided to the Principal Certifying

Authority (PCA) demonstrating the measures proposed to be

employed to control erosion and loss of sediment from the site.

The Construction Certificate shall not be issued until the PCA is

satisfied the Sediment and Erosion Control Plan complies with

the requirements of the Landcom Blue Book, “Soils and

Construction - Managing Urban Stormwater”.

The Sediment and Erosion Control Plan shall be prepared by an

experienced, qualified and practising Civil Engineer

10 Fencing details required

Prior to the issue of a Construction Certificate plans shall be

provided to the Principal Certifying Authority (PCA) detailing all

fences proposed on the subject site, including heights and

materials to be used. The Construction Certificate shall not be

issued until the PCA is satisfied that the fencing is appropriate

for its intended use (i.e.: screening of private open space areas

where appropriate).

11 Contribution to be paid towards provision or improvement of

amenities or services prior to the issue of a Construction Certificate.

The particulars of the contributions levied pursuant to Section 94

of the Act are set out in the following table:

The specific public

amenity or service in respect of which the condition is imposed.

The contributions plan under

which the condition is imposed

Date of

contributions plan

Community Services

South West Rocks Section 94 Contribution Plan

Feb 2008

Open Space & Bushland


Feb 2008

Traffic & Transport Management


Feb 2008


The specific public

amenity or service in respect of which the condition is imposed.

The contributions plan under

which the condition is imposed

Date of

contributions plan

Public Domain Improvement


Feb 2008

Stormwater

South West Rocks Section 94

Contribution Plan

Feb 2008

Other Services


Feb 2008

Plan, Studies &

Management

South West Rocks Section 94

Contribution Plan

Feb 2008

Project Administration

Section 94 Project Administration

10 Aug 2007

The above plans may be viewed during office hours at the

Council Offices located at 22 Tozer Street, West Kempsey.

Contributions set out in the following Schedule are to be paid to

Council prior to the issue of a Construction Certificate. The

following contributions are current at the date of this consent.

The contributions payable will be adjusted in accordance with

the relevant plan and the amount payable will be calculated on

the basis of the contribution rates that are applicable at the time

of payment. The contribution rates for specific dates are

available from Council offices during office hours. Payments will

only be accepted by cash or bank cheque.

Schedule of Contributions pursuant to Section 94 of the

Environmental Planning and Assessment Act 1979

Public

amenity or service

Unit type No. of

Units

Contribution Rate (Amount per Unit)

Contribution Levied

Date until which

Contribution rate is

applicable

Office Use Only

Receipting Codes

Community Services – Library

Increase in Occupation

Rate

2.4 $310.60 $745.44 30 June 2011

AYC1

Community Services - MBP


Rate

2.4 $381.50 $914.51 30 June 2011

AYC2

Open Space Acquisitions


Rate

2.4 $371.38 $891.31 30 June 2011

AYC3

Open Space Increased capacity


Rate

2.4 $1,198.52 $2,876.45 30 June 2011

AYC4

Bushland Increase in

Occupation Rate

2.4 $26.32 $63.17 30 June

2011 AYC5

Traffic and Transport Management


Rate

2.4 $1,128.09 $2,707.47 30 June 2011

AYC6

Public Domain Improvements


Rate

2.4 $159.85 $383.65 30 June 2011

AYC7

Stormwater Management


Rate

2.4 $1,083.61 $2,600.66 30 June 2011

AYC8

Support Services – Bushfire


Rate

2.4 $30.17 $72.41 30 June 2011

AYC9


Public amenity or

service

Unit type No. of

Units

Contribution Rate (Amount per Unit)

Contribution Levied

Date until which

Contribution rate is

applicable

Office Use Only

Receipting Codes

Support Services – Surf Life Savings


Rate

2.4 $36.98 $88.76 30 June 2011

AYC10

Plan Studies Increase in Occupation Rate

2.4 $63.45 $152.27 30 June 2011

AYC11

Sub total $11,496.04

S94 Administration

6% of total Section 94 charge applicable

$689.76 AY

TOTAL $12,185.80

12 Long Service Levy to be paid

Prior to the issue of a Construction Certificate a Long Service

Levy shall be paid to the Long Service Payments Corporation.

The amount payable is currently based on 0.35% of the cost of

the work. This is a State Government Levy and is subject to

change without notice. The requirements of the State

Government supersede this condition.

This payment may be made at Council‟s Customer Service

Centre. Cheques shall be made payable to Kempsey Shire

Council.

13 Certificate of Compliance

Prior to the release of a Construction Certificate a Certificate of

Compliance pursuant of Section 305 of the Water Management

Act 2000 shall be submitted to Council.

Please refer to the Advice section of consent for additional

information on water and sewer works and contributions.


ANY BUILDING OR CONSTRUCTION WORKS COMMENCING

14 Date of Commencement

Council shall be notified of the commencement of works not less

than two (2) days prior to any works commencing. The two (2)

day notification to Council shall be in writing and specify the

date of commencement.

15 Public liability insurance

Prior to any building or construction works commencing

evidence shall be provided to the Principal Certifying Authority of

public liability insurance cover for a minimum of $10 million.

Council shall be nominated as an interested party on the policy.

16 Erosion & sediment measures

Erosion and sedimentation controls shall be in place in

accordance with the approved Sediment and Erosion Control Plan

prior to the commencement of any works.

17 Toilet facilities


Toilet facilities shall be provided or made available at or in the

vicinity of the work site at a rate of one toilet for every 20

persons or part of 20 persons employed at the site. Each toilet

provided shall be a flushing toilet connected to Council‟s

sewerage system.

18 Site construction sign required

Prior to any building or construction works commencing a sign or

signs shall be erected in a prominent position at the frontage to

the site:

a Showing the name, address and telephone number of the

Principal Certifying Authority for the work;

b Showing the name of the principal contractor (if any) for

any building work and a telephone number on which that

person may be contacted outside working hours; and

C Stating that unauthorised entry to the work site is

prohibited.

The sign is to be maintained while the building work, subdivision

work or demolition work is being carried out, and shall be

removed when the work has been completed. No sign is to have

an area in excess of one (1) m2.

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING

CONSTRUCTION

19 Construction times

Construction works shall not unreasonably interfere with the

amenity of the neighbourhood. In particular construction noise,

when audible on adjoining residential premises, can only occur:

a Monday to Friday, from 7:00 am to 6:00 pm.

b Saturday, from 8:00 am to 1:00 pm.

No construction work is to take place on Sundays or Public

Holidays.

20 Limiting construction noise

Construction noise is to be limited as follows:

a For construction periods of four (4) weeks and under, the

L10 noise level measured over a period of not less than

fifteen (15) minutes when the construction site is in

operation must not exceed the background level by more

than 20 dB(A).

b For construction periods greater than four (4) weeks and

not exceeding twenty six (26) weeks, the L10 noise level

measured over a period of not less than fifteen (15)

minutes when the construction site is in operation must not

exceed the background level by more than 10 dB(A).

21 Construction dust suppression


All necessary works shall be undertaken to control dust pollution

from the site. These works shall include, but are not limited to:

a Restricting topsoil removal;

b Regularly and lightly watering dust prone areas (note:

prevent excess watering as it can cause damage and

erosion); and

c Alter or cease construction work during periods of high

wind.

22 Glazing requirements

Glazing materials used in the building shall be selected in

accordance with the provisions of Australian Standard AS 1288

SAA Glass Installation Code and shall comply with the

requirements of Australian Standard AS 2208 "Safety Glazing

Materials for Use in Buildings (Human Impact Considerations)"

as required by the Building Code of Australia.

Windows shall be constructed to comply with Australian

Standard AS 1288 or Australian Standard AS 2047. Written

certification shall be submitted to Council prior to occupation

inspection to confirm that glazing selection, manufacture and

installation has been completed in accordance with the relevant

Australian Standards for the job specific project.

23 Builders rubbish to be contained on site

All builders rubbish shall be contained on the site in a „Builders

Skips‟ or an enclosure. Building materials shall be delivered

directly onto the property. Footpaths, road reserves and public

reserves shall be maintained clear of rubbish, building materials

and all other items at all times.

24 Maintenance of sediment and erosion control measures

All sediment and erosion control measures shall be maintained

at all times until the site has been stabilised by permanent

vegetation cover or hard surface.

25 Trees to be retained and protected

Any trees within the vicinity of the work site that have not been

approved for removal shall be protected by a fence so as to

minimise disturbance to existing ground conditions within the

drip line of the trees. The fence shall be constructed:

a With a minimum height of 1.2 metres;

b Outside the drip line of the trees;

c Of steel star pickets at a maximum distance of 2 metres

between pickets;

d Using a minimum of 3 strands of steel wire;

e To adequately separate the tree or stand of trees from the

works; and


f With orange barrier mesh, or similar, attached to the

outside of the fence and continuing around its perimeter.

The fence shall be maintained for the duration of the site

clearing, preparation, demolition, and construction works.

Excavations shall not take place within the drip line of any tree

that has not been approved for removal, and no soil or fill

material shall be placed within the drip line of any tree so as to

cause changes in surface level by more than fifty millimetres

(50mm) from the existing level. Such soil shall not to be

compacted. Such soil fill shall not be finer than that being

covered in situ (e.g. clay shall not be placed over loam soil).

26 Support for neighbouring buildings

If an excavation extends below the level of the base of the

footings of a building on an adjoining allotment of land, the

person causing the excavation to be made:

a Shall preserve and protect the adjoining building from

damage;

b If necessary, shall underpin and support the building in an

approved manner; and

c Shall, at least seven (7) days before excavating below the

level of the base of the footings of a building on an

adjoining allotment of land, give notice of intention to do so

to the owner of the adjoining allotment of land and furnish

particulars of the excavation to the owner of the building

being erected or demolished.

The owner of the adjoining allotment of land, public road or any

other public place shall not be held liable for any part of the cost

of work carried out, whether carried out on the allotment of land

being excavated or on the public road, any other public place or

the adjoining allotment of land.


OCCUPATION OF THE BUILDING

27 Sewer, water and stormwater to be connected

Prior to the issue of an Occupation Certificate sewer, water

supply and stormwater drainage shall be connected to the

premises in accordance with approvals granted under Section 68

of the Local Government Act 1993.

28 Internal driveway in accordance approved plans

Prior to the issue of an Occupation Certificate a driveway is to be

constructed from the property boundary to the proposed car

space/s in accordance with the approval granted under Section

138 of the Roads Act 1993.

29 Site to be landscaped

Prior to the issue of an Occupation Certificate the site shall be

landscaped in accordance with the approved landscape plan,

including stabilisation of any cut or filled area using endemic

grass species as soon as practically possible.


30 Fire detection and alarm system required

Prior to the issue of an Occupation Certificate fire detection and

alarm systems shall be installed and maintained within the

building. Such systems shall comply with the Building Code of

Australia (BCA) Part 3.7.2.2 requirements for a Class 1b building.

31 Rectification of any damages

Prior to the issue of an Occupation Certificate evidence shall be

provided to Council demonstrating the pre-development and

post-development condition of the surrounding public land and

infrastructure. Such evidence shall include photographs. The

proponent shall be held responsible for the repair of any damage

to roads, driveway crossovers or other assets caused as a result

of construction works under this consent.

32 Works to be completed

Prior to the issue of an Occupation Certificate all of the works

shown on the plans and granted by this consent, including any

other consent that are necessary for the completion of this

development, and any rectification works to Council land or

infrastructure, shall be completed and approved by the relevant

consent authority/s.

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH AT ALL

TIMES

33 NSW Rural Fire Services

The following requirements have been recommended by the

NSW Rural Fire Service under Section 79BA of the Environmental

Planning and Assessment Act 1979:

Asset Protection Zones

The intent of measures is to provide sufficient space and

maintain reduced fuel loads so as to ensure radiant heat levels of

buildings are below critical limits and to prevent direct flame

contact with a building. To achieve this, the following conditions

shall apply:

1 At the commencement of building works and in perpetuity

the entire property shall be managed as an inner protection

area (IPA) as outlined within section 4.1.3 and Appendix 5

of „Planning for Bush Fire Protection 2006‟ and the NSW

Rural Fire Service‟s document „Standards for asset

protection zones‟.

Water and Utilities

The intent of the measures is to provide adequate services of

water for the protection of buildings during and after the

passage of a bush fire, and to locate gas and electricity so as not

to contribute to the risk of fire to a building. To achieve this, the

following conditions shall apply:

2 Water, electricity and gas are to comply with section 4.1.3

of „Planning for Bush fire Protection 2006‟.

Design and Construction


The intent of the measures is that buildings are designed and

constructed to withstand the potential impacts of bush fire

attack. To achieve this, the following conditions shall apply:

3 New construction shall comply with section 5 (BAL 12.5)

Australian Standard AS3959-2009 „Construction of buildings

in bush fire-prone areas‟ and section A3.7 Addendum

Appendix 3 of „Planning for Bush Fire Protection‟.

Landscaping

4 Landscaping to the site is to comply with the principals of

Appendix 5 of „Planning for Bush Fire Protection 2006‟.

ADVICE

Certificate of Compliance

Prior to the issue of the Construction Certificate a Certificate of

Compliance pursuant of Section 305 of the Water Management Act

2000 shall be submitted to Council.

A Certificate of Compliance shall be issued when all contributions are

paid and all infrastructure necessary to service the development has

been completed in full.

Contributions set out in the following table are to be paid to Council

prior to the issue of a Certificate of Compliance. Contributions are

levied in accordance with Council‟s Kempsey Shire Council Macleay

Water DSP for Water dated July 2006. The Plans may be viewed

during office hours at Council‟s Offices.


relevant plan and the amount payable will be calculated on the basis

of the contribution rates that are applicable at the time of payment.

Payments will only be accepted by cash or bank cheque.

The Certificate of Compliance under Section 306 of the Water

Management Act 2000, identifying payment of the contributions, is to

be provided to the Principal Certifying Authority.

Public service

No. of Equivalent Tenements

Contribution Rate (Amount per ET)

Contribution Levied

Date until which Contribution rate is applicable

Office Use Only

Receipting Codes

Water 0.6 $8,390.00 $5,034.00 30 Jun 2011 AW

Sewer 1.0 $7,078.00 $7,078.00 30 Jun 2011 AS

TOTAL $12,112.00

C That the objectors be advised of Council‟s decision.

REPORT DETAILS

Reasoning


Prior to consideration of the two current applications there have been five similar

applications approved for developments in this particular area.

Lot sizes for the above five developments have varied from 666m2 to 778.8m2 as

against the current applications 890.7m2 and 1279m2.

Four of the previously approved applications were for single-storey buildings and

the fifth was for two, two-storey buildings.

We intend to move that the resolution 2011.WI191 from the Works Committee

Inspection meeting held Monday 9 May 2011 as printed below:

“That the proposer be requested to amend the application so that it is

more in line with the surrounding developments.”

Details of previous approval sites are attached (Appendix A - Page RM1).

In the event that the above rescission is carried we intend to move the following:

A That a variation to the provisions of Clause 11.6 (a) of Council‟s

Development Control Plan No. 22 be supported; and

B That consent be granted subject to the following conditions:

PARAMETERS OF THIS CONSENT


The development shall be implemented in accordance with the



Plan No./ Supporting

Document Version Prepared by Dated

Site Plan: Sheet 02/08 - Job No. 00817U

02


03 Mar 2011

Floor Plan – Unit One: Sheet 03/08 - Job No.

02


03 Mar 2011

RM2 Proposed Multiple Dwellings at South West Rocks File: T6-10-398 {Folio No. *}

http://www.kempsey.nsw.gov.au/pdfsCnlMtgs/2011/cmeeting20110621/210611o-rm-appa.pdf



Document


00817U

Elevations: Sheet 04/08 - Job No. 00817U

02


03 Mar 2011

Floor Plan – Unit Two: Sheet 06/08 - Job No. 00817U

02


03 Mar 2011

Elevations: Sheet 07/08 - Job No. 00817U

02


03 Mar 2011




prevail.





All building work shall be carried out in accordance with the

requirements of the Building Code of Australia as in force on the

date the application for the relevant Construction Certificate was

made.

3 This consent does not permit commencement of any works


Works shall not commence until such time as a Construction

Certificate has been obtained and the appointment of a Principal

Certifying Authority.


ISSUE OF A CONSTRUCTION CERTIFICATE FOR BUILDING WORKS

4 Engineer‟s Details

Prior to the issue of a Construction Certificate engineer‟s details

for the footings, foundations, reinforced concrete slab, structural

components, details of cut and fill and retaining walls shall be

approved by the Principal Certifying Authority (PCA). The

Construction Certificate shall not be issued until the PCA is

satisfied the engineer‟s details have been prepared in

accordance with Council‟s Development Control Plan No. 36 by

an appropriately qualified, experienced and practicing Engineer.

5 Works within the road reserve Section 138 approval required


Section 138 of the Roads Act 1993 for all works within the road

reserve shall be obtained from Council. Three (3) copies of

engineering construction plans shall accompany the application

for consent for works within the road reserve. Such plans shall

be in accordance with Council's Adopted Engineering Standard.



Section 68 of the Local Government Act 1993 to carry out water


supply work and sewerage work shall be obtained from Council.

All water and sewer design shall be endorsed by the Manager of

Macleay Water.

7 Stormwater drainage approval required


Section 68 of the Local Government Act 1993 to carry out to

carry out stormwater drainage work shall be obtained from

Council.

The stormwater drainage is to be designed to direct all water to

a Council approved drainage system to prevent discharge runoff

onto adjoining land. The drainage system is to be designed for 1

in 20 year storm event. All piped drainage lines over adjoining

land are to be located within drainage easements. All costs are

the responsibility of the proponent.

Engineering plans and specifications shall be submitted in

triplicate and shall include details in accordance with Appendix C

of AS/NZS 3500.3:2003 - Plumbing and drainage, Part 3:

Stormwater drainage and in compliance with Council's Adopted


8 Compliance with BASIX Certificate

Prior to the issue of a Construction Certificate plans and

specifications shall be provided to the Principal Certifying

Authority (PCA) demonstrating the works required to satisfy the

requirements of BASIX Certificate 344097S, dated 29 October

2010, and 344079S, dated 29 October 2010. The Construction

Certificate shall not be issued until the PCA is satisfied the plans

and specifications comply with the commitments indicated in

this BASIX Certificate.

9 Sediment and Erosion Control Plan required

Prior to the issue of a Construction Certificate a Sediment and

Erosion Control Plan shall be provided to the Principal Certifying

Authority (PCA) demonstrating the measures proposed to be

employed to control erosion and loss of sediment from the site.

The Construction Certificate shall not be issued until the PCA is

satisfied the Sediment and Erosion Control Plan complies with

the requirements of the Landcom Blue Book, “Soils and

Construction - Managing Urban Stormwater”.

The Sediment and Erosion Control Plan shall be prepared by an

experienced, qualified and practising Civil Engineer

10 Fencing details required

Prior to the issue of a Construction Certificate plans shall be

provided to the Principal Certifying Authority (PCA) detailing all

fences proposed on the subject site, including heights and

materials to be used. The Construction Certificate shall not be

issued until the PCA is satisfied that the fencing is appropriate

for its intended use (i.e.: screening of private open space areas

where appropriate).


amenities or services prior to the issue of a Construction Certificate




The specific public amenity or service in respect of which the condition is imposed.

The contributions plan under which the condition is imposed

Date of contributions

plan

Community Services South West Rocks Section

94 Contribution Plan

Feb 2008

Open Space & Bushland South West Rocks Section 94 Contribution Plan

Feb 2008

Traffic & Transport

Management

South West Rocks Section


Feb 2008

Public Domain Improvement South West Rocks Section 94 Contribution Plan

Feb 2008

Stormwater South West Rocks Section 94 Contribution Plan

Feb 2008

Other Services South West Rocks Section


Feb 2008

Plan, Studies & Management South West Rocks Section 94 Contribution Plan

Feb 2008

Project Administration Section 94 Project Administration

10 Aug 2007

The above plans may be viewed during office hours at the Council

Offices located at 22 Tozer Street, West Kempsey.


Council prior to the issue of a Construction Certificate. The following

contributions are current at the date of this consent. The

contributions payable will be adjusted in accordance with the relevant

plan and the amount payable will be calculated on the basis of the

contribution rates that are applicable at the time of payment. The

contribution rates for specific dates are available from Council offices

during office hours. Payments will only be accepted by cash or bank

cheque.



Public amenity or service

Unit type No. of

Units

Contribution Rate

(Amount per Unit)

Contribution Levied

Date until which Contribution rate is applicable

Office Use Only Receipting Codes

Community Services – Library

Increase in Occupation Rate

2.4 $310.60 $745.44 30 Jun 2011 AYC1

Community Services - MBP


2.4 $381.50 $914.51 30 Jun 2011 AYC2

Open Space Acquisitions


2.4 $371.38 $891.31 30 Jun 2011 AYC3

Open Space Increased capacity


2.4 $1,198.52 $2,876.45 30 Jun 2011 AYC4

Bushland Increase in Occupation Rate

2.4 $26.32 $63.17 30 Jun 2011 AYC5

Traffic and Transport Management


2.4 $1,128.09 $2,707.47 30 Jun 2011 AYC6

Public Domain Improvements


2.4 $159.85 $383.65 30 Jun 2011 AYC7


Stormwater Management


2.4 $1,083.61 $2,600.66 30 Jun 2011 AYC8

Support Services – Bushfire


2.4 $30.17 $72.41 30 Jun 2011 AYC9

Support Services –

Surf Life Savings


Rate

2.4 $36.98 $88.76 30 Jun 2011 AYC10

Plan Studies Increase in Occupation Rate

2.4 $63.45 $152.27 30 Jun 2011 AYC11

Sub total $11,496.04

S94 Administration

6% of total Section 94 charge applicable

$689.76 AY

TOTAL $12,185.80


Prior to the issue of a Construction Certificate a Long Service

Levy shall be paid to the Long Service Payments Corporation.

The amount payable is currently based on 0.35% of the cost of

the work. This is a State Government Levy and is subject to

change without notice. The requirements of the State

Government supersede this condition.

This payment may be made at Council‟s Customer Service

Centre. Cheques shall be made payable to Kempsey Shire

Council.

13 Certificate of Compliance


Compliance pursuant of Section 305 of the Water Management


Please refer to the Advice section of consent for additional


14 The plans for the required Construction Certificate are to include

provision of a vehicle turning bay immediately north of dwelling

2 adjacent to the western boundary sufficient to allow vehicles

to exit in a forward direction and sign posted accordingly.


ANY BUILDING OR CONSTRUCTION WORKS COMMENCING

15 Date of Commencement

Council shall be notified of the commencement of works not less

than two (2) days prior to any works commencing. The two (2)

day notification to Council shall be in writing and specify the

date of commencement.

16 Public liability insurance

Prior to any building or construction works commencing

evidence shall be provided to the Principal Certifying Authority of

public liability insurance cover for a minimum of $10 million.

Council shall be nominated as an interested party on the policy.

17 Erosion & sediment measures


Erosion and sedimentation controls shall be in place in

accordance with the approved Sediment and Erosion Control Plan

prior to the commencement of any works.

18 Toilet facilities

Toilet facilities shall be provided or made available at or in the

vicinity of the work site at a rate of one toilet for every 20

persons or part of 20 persons employed at the site. Each toilet

provided shall be a flushing toilet connected to Council‟s

sewerage system.


Prior to any building or construction works commencing a sign or

signs shall be erected in a prominent position at the frontage to

the site:

a Showing the name, address and telephone number of the

Principal Certifying Authority for the work;

b Showing the name of the principal contractor (if any) for



c Stating that unauthorised entry to the work site is

prohibited.


work or demolition work is being carried out, and shall be




CONSTRUCTION


Construction works shall not unreasonably interfere with the



a Monday to Friday, from 7:00 am to 6:00 pm.

b Saturday, from 8:00 am to 1:00 pm.


Holidays.

21 Limiting construction noise

Construction noise is to be limited as follows:

a For construction periods of four (4) weeks and under, the

L10 noise level measured over a period of not less than

fifteen (15) minutes when the construction site is in

operation must not exceed the background level by more

than 20 dB(A).

b For construction periods greater than four (4) weeks and

not exceeding twenty six (26) weeks, the L10 noise level

measured over a period of not less than fifteen (15)


minutes when the construction site is in operation must not

exceed the background level by more than 10 dB(A).

22 Construction dust suppression

All necessary works shall be undertaken to control dust pollution

from the site. These works shall include, but are not limited to:

a Restricting topsoil removal;

b Regularly and lightly watering dust prone areas (note:

prevent excess watering as it can cause damage and

erosion); and

c Alter or cease construction work during periods of high

wind.


Glazing materials used in the building shall be selected in


SAA Glass Installation Code and shall comply with the




Windows shall be constructed to comply with Australian

Standard AS 1288 or Australian Standard AS 2047. Written

certification shall be submitted to Council prior to occupation

inspection to confirm that glazing selection, manufacture and

installation has been completed in accordance with the relevant

Australian Standards for the job specific project.


All builders rubbish shall be contained on the site in a „Builders

Skips‟ or an enclosure. Building materials shall be delivered


reserves shall be maintained clear of rubbish, building materials

and all other items at all times.


All sediment and erosion control measures shall be maintained

at all times until the site has been stabilised by permanent

vegetation cover or hard surface.

26 Trees to be retained and protected

Any trees within the vicinity of the work site that have not been

approved for removal shall be protected by a fence so as to

minimise disturbance to existing ground conditions within the

drip line of the trees. The fence shall be constructed:

a With a minimum height of 1.2 metres;

b Outside the drip line of the trees;

c Of steel star pickets at a maximum distance of 2 metres

between pickets;

d Using a minimum of 3 strands of steel wire;


e To adequately separate the tree or stand of trees from the

works; and

f With orange barrier mesh, or similar, attached to the

outside of the fence and continuing around its perimeter.

The fence shall be maintained for the duration of the site

clearing, preparation, demolition, and construction works.

Excavations shall not take place within the drip line of any tree

that has not been approved for removal, and no soil or fill

material shall be placed within the drip line of any tree so as to

cause changes in surface level by more than fifty millimetres

(50mm) from the existing level. Such soil shall not to be

compacted. Such soil fill shall not be finer than that being

covered in situ (e.g. clay shall not be placed over loam soil).





a Shall preserve and protect the adjoining building from

damage;

b If necessary, shall underpin and support the building in an

approved manner; and

c Shall, at least seven (7) days before excavating below the

level of the base of the footings of a building on an

adjoining allotment of land, give notice of intention to do so

to the owner of the adjoining allotment of land and furnish



The owner of the adjoining allotment of land, public road or any

other public place shall not be held liable for any part of the cost

of work carried out, whether carried out on the allotment of land

being excavated or on the public road, any other public place or

the adjoining allotment of land.


OCCUPATION OF THE BUILDING

28 Sewer, water and stormwater to be connected

Prior to the issue of an Occupation Certificate sewer, water

supply and stormwater drainage shall be connected to the

premises in accordance with approvals granted under Section 68

of the Local Government Act 1993.

29 Internal driveway in accordance approved plans

Prior to the issue of an Occupation Certificate a driveway is to be

constructed from the property boundary to the proposed car

space/s in accordance with the approval granted under Section

138 of the Roads Act 1993.

30 Site to be landscaped


Prior to the issue of an Occupation Certificate the site shall be

landscaped in accordance with the approved landscape plan,

including stabilisation of any cut or filled area using endemic

grass species as soon as practically possible.


Prior to the issue of an Occupation Certificate fire detection and

alarm systems shall be installed and maintained within the

building. Such systems shall comply with the Building Code of

Australia (BCA) Part 3.7.2.2 requirements for a Class 1b building.

32 Rectification of any damages

Prior to the issue of an Occupation Certificate evidence shall be

provided to Council demonstrating the pre-development and

post-development condition of the surrounding public land and

infrastructure. Such evidence shall include photographs. The

proponent shall be held responsible for the repair of any damage

to roads, driveway crossovers or other assets caused as a result

of construction works under this consent.


Prior to the issue of an Occupation Certificate all of the works

shown on the plans and granted by this consent, including any

other consent that are necessary for the completion of this

development, and any rectification works to Council land or

infrastructure, shall be completed and approved by the relevant

consent authority/s.

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH AT ALL

TIMES

34 NSW Rural Fire Services

The following requirements have been recommended by the

NSW Rural Fire Service under Section 79BA of the Environmental

Planning and Assessment Act 1979:

Asset Protection Zones

The intent of measures is to provide sufficient space and

maintain reduced fuel loads so as to ensure radiant heat levels of

buildings are below critical limits and to prevent direct flame

contact with a building. To achieve this, the following conditions

shall apply:

a At the commencement of building works and in perpetuity

the entire property shall be managed as an inner protection

area (IPA) as outlined within section 4.1.3 and Appendix 5

of „Planning for Bush Fire Protection 2006‟ and the NSW

Rural Fire Service‟s document „Standards for asset

protection zones‟.

Water and Utilities

The intent of the measures is to provide adequate services of

water for the protection of buildings during and after the

passage of a bush fire, and to locate gas and electricity so as not

to contribute to the risk of fire to a building. To achieve this, the

following conditions shall apply:


b Water, electricity and gas are to comply with section 4.1.3

of „Planning for Bush fire Protection 2006‟.

Design and Construction

The intent of the measures is that buildings are designed and

constructed to withstand the potential impacts of bush fire

attack. To achieve this, the following conditions shall apply:

c New construction shall comply with section 5 (BAL 12.5)

Australian Standard AS3959-2009 „Construction of buildings

in bush fire-prone areas‟ and section A3.7 Addendum

Appendix 3 of „Planning for Bush Fire Protection‟.

Landscaping

d Landscaping to the site is to comply with the principals of

Appendix 5 of „Planning for Bush Fire Protection 2006‟.

ADVICE

Certificate of Compliance

Prior to the issue of the Construction Certificate a Certificate of

Compliance pursuant of Section 305 of the Water Management Act

2000 shall be submitted to Council.

A Certificate of Compliance shall be issued when all contributions are

paid and all infrastructure necessary to service the development has

been completed in full.

Contributions set out in the following table are to be paid to Council

prior to the issue of a Certificate of Compliance. Contributions are

levied in accordance with Council‟s Kempsey Shire Council Macleay

Water DSP for Water dated July 2006. The Plans may be viewed



relevant plan and the amount payable will be calculated on the basis

of the contribution rates that are applicable at the time of payment.

Payments will only be accepted by cash or bank cheque.

The Certificate of Compliance under Section 306 of the Water

Management Act 2000, identifying payment of the contributions, is to

be provided to the Principal Certifying Authority.

Public

service

No. of

Equivalent

Tenements

Contribution

Rate

(Amount per ET)

Contribution

Levied

Date until

which

Contribution rate is applicable

Office Use

Only

Receipting Codes

Water 0.6 $8,390.00 $5,034.00 30 Jun 2011 AW

Sewer 1.0 $7,078.00 $7,078.00 30 Jun 2011 AS

TOTAL $12,112.00

C That the objectors be advised of Council‟s decision.


REPORT DETAILS

Reasoning

Prior to consideration of the two current applications there have been five similar

applications approved for developments in this particular area.

Lot sizes for the above five developments have varied from 666m2 to 778.8m2 as

against the current applications 890.7m2 and 1279m2.

Four of the previously approved applications were for single-storey buildings and

the fifth was for two, two-storey buildings.

Delegates Report Kempsey Shire Council – Ordinary Meeting 21 June 2011

12 DELEGATES REPORTS

Nil

Committee Reports Kempsey Shire Council – Ordinary Meeting 21 June 2011

13 COMMITTEE REPORTS

LOCAL TRAFFIC COMMITTEE

7 June 2011

SUBJECT TO ADOPTION BY COUNCIL

MINUTES OF THE MEETING OF THE LOCAL TRAFFIC COMMITTEE HELD ON

TUESDAY 7 JUNE 2011 IN THE ELBOW STREET MEETING ROOM AT THE CIVIC

CENTRE KEMPSEY WHICH COMMENCED AT 2.00 PM.

PRESENT:

1.1 Attendance of Formal Members

Name Agency Key Representative

John Bowell, Mayor Council P

Terry Orvad RTA P

Sgt Paul Dilley Police P Sgt John Hay

Andrew Stoner Member for

Oxley

P Liz Campbell

Key: A = Absent With Apology

P = Present

NP = Not Present

1.2 Attendance of Advisors

Name Agency Position

Rob Shaw Council Relieving Engineer,

Technical Services

Robert Scott Council Director Infrastructure

Services

APOLOGIES

Nil

RECOMMENDATION

That the attendances be received.

1.3 PREVIOUS MINUTES

The minutes of the meeting of 5 April 2011 were referred to Council‟s meeting on

19 April 2011 and adopted.

RECOMMENDATION


Moved: John Bowell

Seconded: Liz Campbell

2. LOCAL TRAFFIC COMMITTEE


BUSINESS ARISING

2.1 BUS STOP – GREGORY STREET, SOUTH WEST ROCKS

FILE: 221

Council received a complaint regarding the bus stop in Gregory Street.

The bus stop is adjacent to a pedestrian refuge and concrete blister which prevents

a bus from pulling off the road completely, leaving the rear of the bus projecting

into the traffic lane.

Committee Advice:

It is a majority vote that the Committee support and advise as follows:

Voting Record:

Council F RTA F Police F Member for Oxley F

That no action be taken.

2.2 SPEEDING – GREEN HILL SCHOOL

FILE: 102

At the last meeting of the Local Traffic Committee it was recommended that a

traffic counter be installed at Green Hill School on Armidale Road, and issues of

speeding vehicles be investigated.

A counter was installed on Armidale Road 130m east of Spooners Avenue from 3

May to 12 May 2011. Results were as follows:

(i) AADT = 7135 vpd

(ii) Peak times were 8am-9am weekdays = 780 vph

and 3pm-4pm weekdays = 701 vph

(iii) Speed statistics (full period) – Sped limit 60 km/hr

Mean 58.3 km/hr

85% = 66.6 km/hr

Maximum 155.0 km/hr

Above 60 km/hr = 48.1%

(iv) Speed statistics (school zone times) – Speed limit 40 km/hr

i.e. 8.00am-9.30am, 2.30pm-4.00pm school days

Mean 45.3 km/hr

85% = 51.5 km/hr

Maximum 91.0 km/hr

Above 40 km/hr = 79.9%

The statistics clearly show that the majority of vehicles exceed the posted speed

limit during school zone times.

Committee Advice:

It is a unanimous vote that the Committee support and advise as follows:

1 That the RTA be requested to fast-track the installation of flashing lights at

the Green Hill School zone, in view of the speed statistics collected.

2 That the police be asked to arrange extra patrols during school times.


Voting Record:



PENDING MATTERS

Minute Date Item Action

21/09/2010 Removal of parallel parking,

Forth Street, Kempsey

Defer until Roadnet traffic study

completed

21/09/2010 Speed zone Plummers Lane RTA currently reviewing speed

zone as requested. Discussed

by the LTC and recommended

that this matter be deferred

indefinitely or until the

dangerous curves have been

improved.


FORMAL ITEMS

4.1 PROPOSED MARCH - KEMPSEY NEIGHBOURHOOD CENTRE

FILE: 24

The Kempsey Neighbourhood Centre has written to Council requesting approval to

hold a peaceful community march in support of reducing violence against women

and home invasion.

Comments Noted:

The march would use footpaths with no road closure required.

Committee Advice:



Voting Record:


4.2 BUS PARKING - KEMPSEY MEDICAL CENTRE

FILE: R Elbow St

At the Ordinary meeting of Council on 15 March 2011, Council resolved:

That access and parking for the community transport bus at Kempsey

Medical Centre be referred to the Local Traffic Committee.

Committee Advice:



That the operators of the community transport bus be advised that they are entitled

to use the bus zone at 35 Elbow Street, West Kempsey, to drop off and pick up

passengers, provided that they confirm that their vehicle meets the definition of a

bus under the NSW Road Rules (i.e. “a motor vehicle built mainly for carrying

people that seats over 12 people including the driver”). However, buses are not

permitted to remain in a bus zone for extended periods.

Voting Record:


4.3 BUS ZONE AT PENSIONERS HALL, CLYDE STREET, KEMPSEY

FILE: 102

A request has been received that the part-time bus zone in Clyde Street, Kempsey,

in front of the Pensioners Hall be removed.

Committee Advice:


That the existing bus zone in Clyde Street at Pensioners Hall be removed and

replaced with 1 hour parallel parking.

Voting Record:


4.4 CONFLICT BETWEEN PEDESTRIANS AND VEHICLES – LACHLAN

STREET, SOUTH KEMPSEY

FILE LA1730

A resident has raised concerns about possible conflict between pedestrians and

vehicles in the area of 12 Lachlan Street, South Kempsey.

Committee Advice:



Voting Record:


4.5 EXIT VISIBILITY - IGA SHOPPING CENTRE, SOUTH WEST ROCKS

FILE 59 (449630)

Council has received a complaint from an elderly resident regarding poor visibility

at traffic in Gregory Street on exiting the IGA carpark.

She has requested that Council install a NO PARKING zone adjacent to the

driveway.

Installation of a NO PARKING zone would remove two parallel parking spaces

between the IGA driveway and the adjacent service station driveway.


Visibility of approaching traffic is difficult when large vehicles are parked between

the two driveways, but this situation is no different to other driveways where

parked vehicles make visibility difficult.

Committee Advice:



Voting Record:


4.6 TURNING VEHICLES – KINGDOM HALL, ARMIDALE ROAD

FILE: R Armidale Rd (447101)

The Kempsey Congregation of Jehovah‟s Witnesses has complained about semi-

trailers and cars using the area in front of the Kingdom Hall as a turning bay.

Committee Advice:


1 That this matter be deferred to a future meeting after further investigation.

2 That Council contact the owners of two local trucks with a warning about

doing U-turns across double barrier lines.

Voting Record:


4.7 PROPOSED TIMED PARKING – RIVER STREET, WEST KEMPSEY

FILE: R River St

A Notice of Motion was submitted to the Council meeting on 17 April 2011,

following complaints to Councillors regarding parking in River Street, West

Kempsey. Council resolved:

That Council request the Traffic Committee to again investigate the possibility of

timed parking in River Street on the eastern side between Elbow and Marsh Streets.

Investigations indicate that it is not a high demand area for on-street parking.

The area was inspected three times during business hours on Tues 24 May, twice

on Thursday 26 May and once on Friday 27 May. On each occasion there were no

vehicles parked on the street or on the footpath.

Committee Advice:



Voting Record:



4.8 NO STOPPING AT CHILDREN‟S CROSSING – MARSH STREET

FILE: 59

The resident of 28 Marsh Street has complained about the existence of a NO

STOPPING zone outside his residence.

The NO STOPPING zone referred to is an integral part of the part-time children‟s

crossing in Marsh Street in front of West Kempsey Public School.

Committee Advice:


1 That the NO STOPPING signs on both sides of the street be changed to “8.00

– 9.30 AM, 2.30-4.00 PM school days” to conform with the current standard.

Voting Record:


5.1 SPEEDING – GAP BEACH ROAD

FILE: 102 (447003)

Council has received a complaint about speeding vehicles on Gap Beach Road at

South West Rocks (off Arakoon Road).


That no action be taken

Voting Record:


5.2 2 HOUR ANGLE PARKING – POLWOOD STREET, WEST KEMPSEY

FILE: 221 (259206)

The southern side of Polwood Street between River Street and Tozer Street,

adjacent to the hospital is a 2 HOUR angle parking zone.

Recently Council‟s parking officer noticed that one of the parking signs was missing

and another vandalised. This was reported to Council‟s signs officer who then

replaced the signs, creating a 2 hour zone along the entire block from River Street

to Tozer Street.

After the replacement of the signs, several residents complained to Council and to

the Member for Oxley. It now appears that replacement of the signs created an

error on Council‟s part.

The area was previously a 2 hour angle parking zone for the entire length of the

block, but in 2003 Council resolved to convert one part of the block to unrestricted

parking.


INFORMAL ITEMS


When the damaged signs were replaced recently, Council erroneously created a 2

hour zone over the full length of the block.

No-one was booked for exceeding 2 hours in the incorrectly marked area.

For the information of the Committee the following action has been taken:

(i) The signs have been fixed, reinstating the unrestricted middle area.

(ii) Council issued a media release correcting the error.

(iii) Those who wrote to Council concerning the issue have been responded to.

Committee Advice:


That Council review the parking arrangements surrounding the hospital after

conducting parking counts and consultation with key stakeholders including the

hospital and adjacent landowners.

Voting Record:


5.3 SOUTH WEST ROCKS PARKING STUDY

FILE: 221

Council is preparing a traffic and parking study of South West Rocks.

A copy of the report is distributed with the meeting agenda.

In particular, members of the Committee are requested to note Item 9.2

One Hour Zone near the Heritage Guest House. This item was previously discussed

by the Committee but was deferred until the completion of the Parking Study.

The report recommends no change to the existing 1 hour parking restriction.

Committee Advice:


That no change be made to the existing 1 hour parking restriction in Livingstone

Street in front of the Heritage Guest House.

Voting Record:


6. OTHER BUSINESS

Nil

7. NEXT MEETING

The next meeting is to be held on 2 August 2011 at 2.00pm.

8. CONCLUSION


There being no further business, the meeting concluded at 3.30pm.

Questions On Notice Kempsey Shire Council – Ordinary Meeting 21 June 2011

14 QUESTIONS ON NOTICE

Responses to questions from 17 May 2011

COUNCILLOR J A SPROULE FILE NO: 153 {Folio No. 450697}

Q4

Could Council please advise of the fate of the budget allocation made

available to the (now defunct) Crescent Head Works Prioritisation

Committee?

The following budget confirmation was recorded in the Minutes of the

committee meeting held on 16 July 2010:

$40,000 – Town Centre Master Plan funds

$71,129 – Roads to Recovery program

RESPONSE:

The available funding allocated in Council‟s 2010-2011 budget for the Crescent

Head Town Improvement Works is $71,129 which had been carried over from

allocations in previous years.

The previous information submitted to the Works Prioritisation Committee on

16 July 2010 included a further amount of $40,000 that had been identified in the

2009-10 budget for funding under loan funds. With the change in Council‟s

approach towards taking loans for funding infrastructure replacement, the amount

had not been effectively drawn upon and unfortunately was not carried through to

2010-11 as a result.

Questions to this meeting

COUNCILLOR E A GREEN FILE NO: 103 {Folio No. *}

Q1

Is Council aware of any Coal Seam Gas Exploration licences being given or

requested for the Kempsey Shire area within the Macleay Valley? How far

advanced are we with mapping our aquifers?

RESPONSE:

Council is unaware of any proposals for coal seam gas extraction within the Macleay

Valley.

Council does not have any program related to the mapping of aquifers. Exploration

licences are granted by the Department of Primary Industries (Mineral Resources).

COUNCILLOR J C GRIBBIN FILE NO: R. Quarry SWR {Folio No. *}

Q2

a) For the last 12 months Mrs J Gjedsted of 2 Quarry Street, South West

Rocks has been complaining about gardens (built by the residents of 1

Ocean Street, South West Rocks) that are blocking access to and from her

residence. Could I please have in writing what is being done or has been

done in regard to this problem?

b) Could I be notified in writing if the said gardens above are built on a

designated roadway and are, therefore, illegal?


RESPONSE:

Council staff have investigated the matter and considered the position of both

parties.

The section of Quarry Road is designated an unformed public road which Council

had originally listed for closure and sale of respective portions to the adjoining

property owners. The closure was refused by the Department of Lands following

objections from one owner.

Whilst the area is dedicated as a public road (20m wide) it is unformed and

separated from the sealed road system with an ordinary driveway kerb and gutter

crossing. The roadway provides access to the adjoining properties and has a gravel

surface approximately the width of a single driveway.

There have been a number of discussions with both owners including a proposed

partial removal of the garden which failed due to a lack of agreement between

owners. The main concern is the restriction the garden causes for visitor access.

It has been recently suggested to widen the gravel section of the road to allow

access and this is currently being pursued. Formal advice has not been provided to

either property owner as yet.

The garden has been established within an area of designated public road 20m wide

which is unformed and provides access to three individual properties and a Crown

reserve. Both property owners have gardens that encroach onto the road reserve

and have established planting within the road reserve.

The maintenance of this area by both property owners could be considered to

improve the overall streetscape and provide the impression that it is being cared

for. It would be beneficial for a suitable resolution to be negotiated.

COUNCILLOR J C GRIBBIN FILE NO: LA5582 {Folio No. *}

Q3

Could I be informed when repairs will be carried out on the flagstaff on the

headland at South West Rocks? I am of the understanding that Council is

in receipt of grant monies for its refurbishment.

RESPONSE:

Council‟s application for heritage grant funding was unsuccessful. Council has

allocated income above the budgeted amount from Horseshoe Bay Caravan Park to

repair of the flagstaff.

The works are on hold awaiting the preparation of a development application for

approval before they can proceed. Resources have not been available to complete

this work as yet.

COUNCILLOR J C GRIBBIN FILE NO: LA5312 {Folio No. *}

Q4

How much money did the lessee of Horseshoe Bay Caravan Park pay to

Council over the 2010/11 financial year, and where was this money spent.

I am of the understanding that our lease with Department of Lands states


any monies from the caravan park can only be expended within the

Horseshoe Bay reserves.

RESPONSE:

*

Summary Tables Kempsey Shire Council – Ordinary Meeting 21 June 2011

15 COMMUNITY STRATEGIC AND MANAGEMENT PLAN REPORT

The following is a summary of the current performance against the various

indicators that are in the Management Plan.

Goal % on target

% below target

1: Sustainability 75.00 25.00

2: Community 81.25 18.75

3: Infrastructure 61.54 38.46

4: Relationships 0.00 100.00

5: Effectiveness 45.45 54.55

Total 66.69 33.33

The following is a summary of the status of the various specific projects that have

been identified by Council to be completed in the Management Plan.

The following is a summary of the status of the resolutions that have been adopted

by Council in this financial year.

0

2

4

6

8

10

12

14

16

18

20

Completed

Not Achieved

Not Started

Ongoing

Behind Target

Overview of Status of Council Resolutions

Overview of Status of Specific Actions

Overview of Performance Indicators


Overall the budget did not change vastly from the previous period. What changes

were required were able to be offset by changes to other areas, retaining the

overall costs within the same net cost.

Description Original Approved Adjust Revised YTD Actual

Operating Revenue

Ecological and Economic Sustainable Development

1,682,627 2,831,970 0 2,831,970 1,640,108

Social, Cultural and Community

1,577,102 2,305,254 0 2,305,254 1,771,538

0

20

40

60

80

100

120

Completed

Not Achieved

Not Started

Ongoing

Behind Target

-2

0

2

4

6

8

10

12

-20

-10

0

10

20

30

40

50

60

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

Millions

Millions

Revenue YTD Expenditure YTD

Capital YTD Original Budget (Right Axis)

YTD Actual (Right Axis)

Overview of Financial Information



Infrastructure and Services

26,548,998 28,517,431 0 28,517,431 24,023,290

Beneficial Relationships 0 0 0 0 0

Leadership and Effective, Efficient Management

17,755,200 18,632,456 0 18,632,456 17,941,166

Total 47,563,927 52,287,111 0 52,287,111 45,376,102

Operating Expense


4,503,272 5,798,941 0 5,798,941 4,028,966


4,445,549 5,174,105 0 5,174,105 4,199,208


41,799,277 45,746,955 0 45,746,955 36,870,812

Beneficial Relationships 56,738 49,454 49,454 38,545


2,679,577 3,105,371 0 3,105,371 2,583,690

0

Total 53,484,413 59,874,826 0 59,874,826 47,721,221

Net Operating Position (5,920,486) (7,587,715) 0 (7,587,715) (2,345,119)

Total Capital Revenue 1,348,402 5,486,304 0 5,486,304 1,473,211

Capital Projects


5,500 1,317,525 0 1,317,525 578,505


10,500 242,018 0 242,018 207,361


12,954,670 20,699,311 0 20,699,311 8,349,905

Beneficial Relationships 0 0 0 0 0


1,144,903 1,816,467 0 1,816,467 578,096

Total 14,115,573 24,075,321 0 24,075,321 9,713,867

Reserve Movements 183,892 (4,027,293) 0 (4,027,293) 1,347,650

Loans (4,825,790) (7,901,398) 0 (7,901,398) (102,559)

Depreciation Usage 14,081,700 14,181,700 0 14,181,700 12,999,891

Net Capital Movement 5,956,427 7,521,374 0 7,521,374 3,514,144



Net Result 35,941 (66,341) 0 (66,341) 1,169,025

Goal 1 Kempsey Shire Council – Ordinary Meeting 21 June 2011

The following are the projects that have been modified from the original adopted

Management Plan:

Description Change date

Previous Information

New Information

Comment

Completion of Climate Risk Adaption Project and development of climate change adaption policies

14/9/10 Due September 2010

Due December 2010

Completed January 2011

Preparation of DCP for the Saltwater Precinct at South West Rocks

9/11/10 Due July 2010

Due January 2011

Delayed pending review of flood assessment.

Completion of the Shire-wide LEP


Due April 2011

Council has submitted the draft LEP to the Department and is awaiting a Section 65 Certificate.

Completion of the Kempsey Local Growth Management Strategy – Residential Component


Due June 2011

Expected to go to DoP in March.

Determine the feasibility of a Heavy Vehicle Hub

18/1/11 Due December 2010

Due June 2011

Develop strong relationship with 10 largest employers

18/1/11 Due December 2010

Due March 2011

Delayed pending review of Economic Development Strategy.

Economic Development

Strategy Review

15/2/11 Due 31

January 2011

Due March

2011

Delayed pending review of

Economic Development Strategy.

Comprehensive Development Control Plan (DCP)

17/5/11 Due March 2011

Due December 2011

Kempsey Local Growth Management Strategy – Rural Residential

17/5/11 Due May 2011

Due December 2011

Nil

The following is a summary of the status of the specific projects identified in the

Management Plan.

1.3 Specific Projects Action Report File: 584 {Folio No. 450702}

1.2 Ongoing Action Report

1.1 Summary of Previously Adopted Variations

GOAL 1: To facilitate ecological and economical sustainable development in the Shire



Preparation of a DCP for the Saltwater precinct at South West Rocks

(Revised to January 2011)

Is reported in the confidential section of the Business Paper.

Completion of the Shire-wide Standard LEP (Revised to April 2011)

Council has received and accepted an offer of in-kind consultancy support from the

DoP of $84,000 to assist in completing the project with an inception meeting held in

Grafton on 10 June 2011.

Preparation of LEPs for cemeteries at Frederickton (December 2010)

The LEP for Collombatti is completed and Council has adopted the LEP at

Frederickton which has been forwarded to the Minister to make the plan.

Preparation of the Rural Residential component of the Kempsey Local

Growth Management Strategy (Revised to December 2011)

This has commenced with the draft Land Supply component received from

consultants which has been reviewed and comments provided.

Kempsey Flood Study (May 2011)

Develop management measures to support the implementation of the Kempsey

Flood Study.

Approval of Department of Environment Climate Change and Water (DECCW) to the

terms of the brief to be issued to the successful consultant has been received and

the consultant engaged with a target completion date of February 2012.

Preparation of an LEP at Crescent Head (June 2011)

2 4 2 0 14 6 90 0 00

10

20

30

40

50

60

70

80

90

100

0

0.5

1

1.5

2

2.5

3

3.5

4

4.5

Not Started Ongoing Completed Behind Not Done

Actions (Left Axis) Resolution (Right Axis)

RECOMMENDATION


This is required to facilitate the urban expansion of Crescent Head.

A brief for the Flood Study component was prepared incorporating DECCW

requirements for which the developer has requested reconsideration. DECCW

comments have been referred to the developer to consider options with discussions

held to consider options.

Preparation of LEPs to rezone land for industrial purposes at South

Kempsey (December 2011)

The development of LEPs for South Kempsey is an identified project from the

Industrial Land Review undertaken previously by Council and is critical to having

sufficient available land to take advantage of employment opportunities.

The Ecological Assessment has been completed and the bushfire and archaeological

assessment commenced for the Thurgood LEP.

SUMMARY

Reporting that the Draft Saltwater Development Control Plan is submitted for

Councils endorsement.

THIS REPORT IS TO BE READ IN CONJUNCTION WITH CONFIDENTIAL

REPORT - 1.1 Peer Review of Flood Modelling, Saltwater Precinct

South West Rocks

1. That the Draft Development Control Plan - Saltwater South West

Rocks with proposed changes referred to in the appended report be

adopted.

2. That Council review the Development Control Plan upon completion

of modelling of the Barrier Dune system (incorporating the sand

berm at Saltwater Creek) under 2100 Sea Level Rise conditions.


Environmental: Development in this catchment is required to complement the

conservation of biodiversity by protecting areas of high conservation value,

incorporating best practice urban water management practices (quality and

quantity) and retains the estuarine values of Saltwater Lagoon and Creek.

Social: This Plan will provide for safe and attractive neighbourhoods with diverse

forms of housing choice available, good community facilities and ample provision

for leisure opportunities.

Aboriginal Heritage identified onsite is to be protected.

RECOMMENDATION DIVISION REQUIRED

1.3.1 Development Control Plan for Saltwater South West Rocks File: T5-55 {Folio No. *}


Economic (Financial): The existing community will not be burdened by provision

of future public utilities and services.

Policy or Statutory: Should Council decide to adopt this plan its current Floodplain

Risk Management Policy will need to be modified to include the updated flooding

information provided by WBM/BMT Pty Ltd in 2010.

Development is to be consistent with the provisions of SEPP No. 71 Coastal

Protection.

BACKGROUND

At its meeting of the 14 September 2010, Council resolved to place the Draft

Saltwater Development Control Plan on public exhibition until the end October 2010

and notify affected property owners of the proposed changes to Councils Flood Risk

Management Policy.

The Final Draft Development Control Plan was presented to Council addressing

objections and proposing minor changes at its meeting of the 14 December 2010

(Appendix A - Page SE1). At that meeting an amendment to the

recommendation was moved and carried stating:

“1. That an independent assessment by Manly Hydraulics is sort by Council, at

the developers expense, to provide a climate change impact statement and

a vulnerability assessment due to sea level rises on the DCP for Saltwater

South West Rocks.

2. At the same time Council obtains ratification from the relevant department

that Council has adhered to all the current guidelines for sea level rises and

climate change.

3. When all information has been received a Councillors workshop is scheduled

for the DCP Saltwater South West Rocks.”

A rescission motion was considered at the Council meeting of 18 January 2011

whereby Council resolved to defer consideration of the rescission motion until a

workshop was held and that representations to the Minister be made.

Council reconsidered the 14 December 2010 resolution following the workshop (15

February 2011) and amended the original resolution as follows:

“That suitably qualified consultants be asked to submit a quote for the

following:

1. review all the available information relating to:

the berm heights at Saltwater Creek;

the flood models presented for “Saltwater Developments” and

proposed “Malbec” subdivision;

the groundwater surveys and modelling for “Saltwater Developments”

and the proposed “Malbec” subdivision;

the potential impact of sea level rise and predicted increased storm

events on the barrier dune system at Main Beach on Trial Bay.

2. after reviewing all the information advise Council of:

the appropriateness of the berm heights used for flood modelling;

http://www.kempsey.nsw.gov.au/pdfsCnlMtgs/2011/cmeeting20110621/210611o-se-appa.pdf


any recommendation for additional flood modelling and the reasons

why;

comment on the appropriateness of the groundwater modelling and

provide recommendations for any further survey work;

provide Council with an assessment of the potential impact sea level

rise and increased storm events will have on the barrier dune system

and flood hazard within the Saltwater Lagoon catchment.”

The assessment of EOI‟s is included in report 1.1

Coastal Processes and Hazards Definition Study

Council should also be aware that as part of Council‟s adopted Climate Change

Adaptation Strategy, Council is undertaking a Coastal Processes and Hazards

Definition Study (funded by DECCW). The Study includes modelling techniques to

assess shoreline responses to predicted 2100 Sea Level Rise conditions. Depending

on the findings of the study, which will examine the parameters relating to the

berm that were used by consultants in modelling flooding of Saltwater Creek,

Council has the option of commissioning specific modelling of the Main Beach berm

at Trial Bay.

The Coastal Processes and Hazards Definition Study is not due for completion until

December 2011 and the results of specific modelling for the Main Beach berm, are

unlikely to be known until mid to late 2012.

Other parameters, such as the IPCC predicted 2100 Sea Level Rise may also vary

over time. As consistently advised, Council‟s exemption from liability under Section

733 of the Local Government Act 1993 is protected provided Council approves Local

Environmental Plans, Development Control Plans and Development Applications

based on the best information available at the time in accordance with relevant

Government policies. As more reliable information becomes available and

Government policies vary, Council will need to review its policies, such as Saltwater

DCP, on an ongoing basis in order to protect its exemption into the future.

Malbec Part 3A Application

Council should be aware that on 3 June 2011 the Planning and Assessment

Commission (PAC) determined that the Malbec Part 3A application should be

approved. In respect to flooding, the PAC had regard to the independent specialist

review undertaken by GHD which endorsed the flood planning level of 4.1m AHD

recommended in draft Saltwater DCP which is above the level of 3.9m AHD required

to satisfy current NSW Government Policy. Endorsement of the DCP will assist

Council in its negotiations to acquire an access link to the south and ensure that

subsequent development within the subdivision meets the site specific

requirements, including design and building materials controls.

It is considered that Council should reconsider its decision not to endorse the draft

Saltwater DCP, without proceeding with the peer review, for which Council has not

identified any funding and to review Saltwater DCP following completion of the

hazard study and modelling of the berm.

The proposed Amenities Block with Canteen and Storage Area (T6-10-448) was a

scheduled item of the Works Committee meeting which was held on 9 June 2011.

1.4 Previous Resolution Updates


The consent is in the process of being approved. [1.7.1, 17 May 2011,

(2011.199)(2011.WI236)].

The planning proposal for residential rezoning at New Entrance Road, South West

Rocks was forwarded to the Department of Planning on 24 May 2011 [1.7.2, 17

May 2011, (2011.200).]

The planning proposal amended rezoning application and Council report for the

Draft Local Environmental Plan No 108 for Proposed Crematorium, Funeral Chapel

and Memorial Gardens was forwarded to the Department of Planning requesting

they make the LEP amendment on 26 May 2011.

Indicator Target Y.T.D. Comment

Percentage of all Development Applications approved within 30 days.

85% 89.8%

Percentage of Construction Certificates approved within 30 days.

90% 95.7%

Total average number of days taken to process Development Applications

40 31.3

Percentage of requests relating to environmental quality that may cause preventable harm to the environment responded to within 7 days.

85% 97.6%

There have been 451 requests with 440 addressed within 7 days.

Number of onsite sewerage management systems conducted each annum.

840 382

There were 28 septic inspections undertaken in May 2011. Currently below target due to implementation of the new septic program. A new septic officer has commenced duties at the end of May.

Percentage of compliant food inspections 85% 83%

This target was set from an estimate based on revised NSW Food Authority guidelines for inspections.

Percentage of food premises inspected per annum

85% 80%

248 out of 311 inspections for the year. 59 inspections in May.

Number of environmental health inspections per annum

420 529

Percentage of requests for Ranger Services responded to within 5 days

95% 98.7%

1,189 animal related requests received with 1174 completed within 5 days YTD.

Average number of days to issue Section 149 Planning Certificates

1.1 1

2,046 certificates issued this financial year.

Number of building inspections undertaken within two days of request

90% 100%

55 inspections undertaken this month (763 inspections YTD).

Collection of contained stray dogs within 6 hours

85% 93%

263 requests were received with 244 collected within 6 hours.

1.5 Performance Indicators



Complaints relating to stray dogs responded to within 2 working days

85% 99.4%

310 requests were received with 308 responded to within 2 working days.

Hectares of Vegetation restored per annum 10 6.1 ha

No projects involved planting this month.

Area of property inspected for noxious weed infestations

1920 7733

462 ha inspected in May.

Number of people in the workforce 10,840 11,860


Operating Revenue

Protect Environment 551,347 1,896,728 0 1,896,728 939,506

Plan Strategically 205,280 239,644 0 239,644 137,430

Employment Opportunity 20,400 54,946 0 54,946 33,272

Positive Development 830,100 559,030 0 559,030 481,878

Direct Management 75,500 81,622 0 81,622 48,022

Total 1,682,627 2,831,970 0 2,831,970 1,640,108

Operating Expense

Protect Environment 1,817,182 2,640,895 0 2,640,895 1,722,695

Plan Strategically 94,480 547,327 0 547,327 49,640

Employment Opportunity 404,180 470,969 0 470,969 383,576

Positive Development 127,080 121,400 0 121,400 126,730

Direct Management 2,060,350 2,018,350 0 2,018,350 1,746,325

Total 4,503,272 5,798,941 0 5,798,941 4,028,966


Total Capital Revenue 0 431,419 0 431,419 151,476

Capital Projects

Protect Environment 3,000 1,315,025 0 1,315,025 578,255

Plan Strategically 0 0 0 0 0

-3,500

-3,000

-2,500

-2,000

-1,500

-1,000

-500

0

-1,000

0

1,000

2,000

3,000

4,000

5,000

6,000


Tho

usa

nd

s

Tho

usa

nd

s




1.6 Financial Information



Employment Opportunity 0 0 0 0 0

Positive Development 0 0 0 0 0

Direct Management 2,500 2,500 0 2,500 250

Total 5,500 1,317,525 0 1,317,525 578,505

Reserve Movements 0 (670,071) 0 (670,071) (149,786)

Loans 212,083 61,376 0 61,376 118,671

Depreciation Usage 1,087,000 1,087,000 0 1,087,000 996,417

Net Capital Movement 869,417 809,589 0 809,589 600,503

Net Cost of Goal (1,951,228) (2,157,382) 0 (2,157,382) (1,788,355)

Significant Budget Variances

Nil

SUMMARY

Reporting that Council has received a Development Application to undertake a

boundary adjustment which requires a variation to Kempsey Local Environmental

Plan 1987 for which a SEPP 1 objection has been received.

REPORT DETAILS

Applicant: D and H Thurgood

Subject Property: Lot 822 DP 773764 and Lot 153 DP 752417 No 434

Pacific Highway, South Kempsey

Zone: 1(d) (Rural (Investigation) D Zone) and 4(a)

(Industrial (General) Zone)

Existing Development

There are two existing lots (Appendix B - Page SE22), Lot 822 has an existing

landscape supplies business and Lot 13 is vacant. Lot 822 is split zoned 1(d) and

4(a), whereas Lot 153 is wholly zoned 1(d).

Proposed Development

The proposal (Appendix C - Page SE23) is to adjust the boundary between Lots

822 and 153, creating Lot 1 of approximately 3.6 ha, being only 4(a) zoned land

and Lot 2 of approximately 23.1 ha (approximately 22.5 ha zoned 1(d) and the

balance zoned 4(a)). The 1(d) land within proposed Lot 2 is less than 40 hectares

and therefore requires a variation to Kempsey Local Environmental Plan 1987 via a

SEPP 1 objection.

1.7.1 Proposed Boundary Adjustment File: T6-09-382 {Folio No. *}

1.7 Development Approvals & Regulatory Planning Functions

http://www.kempsey.nsw.gov.au/pdfsCnlMtgs/2011/cmeeting20110621/210611o-se-appb.pdf

http://www.kempsey.nsw.gov.au/pdfsCnlMtgs/2011/cmeeting20110621/210611o-se-appc.pdf


That the Development Application and SEPP 1 objection be approved

subject to the following conditions

1. Development is to be in accordance with approved plans

The development is to be implemented in accordance with the plans

and supporting documents set out in the following table except

where modified by any conditions of this consent.


Document


Proposed Subdivision

Ref: 6289

Hopkins

Consultants

4

November

2009

Koala Plan of

Management

Hopkins

Consultants

March

2011


development consent and the plans/supporting documents referred

to above, the conditions of this development consent prevail.

The approved plans and supporting documents endorsed with the

Council stamp and authorised signature must be kept on site at all

times while work is being undertaken.

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH PRIOR TO ISSUE

OF A SUBDIVISION CERTIFICATE

2. Plan of Subdivision

An application for a Subdivision Certificate must be made on the

approved form. The Subdivision Certificate fees, in accordance with

Council's adopted schedule of fees and charges, must accompany

such application. Seven (7) copies of the plan of subdivision are to

be submitted with the application for a subdivision certificate. The

location of all buildings and/or other permanent improvements

including fences and internal access driveways/roads must be

indicated on 1 of the copies.

3. Plan of Subdivision and Section 88B Instrument requirements

A Section 88B Instrument and 1 copy are to be submitted with the

application for a subdivision certificate. The final plan of subdivision

and accompanying Section 88B Instrument are to provide for the

items listed in the following table:

Item for inclusion

in Plan of

Subdivision and/or

Section 88B

Instrument

Details of Item

Rights of

Carriageway

The creation of suitable right of carriageway over

the access to proposed Lot 2, benefiting Lot 1.

Restriction

No development will be approved on Lot 2 unless

an onsite sewerage management assessment is

prepared demonstrating that effluent can be

treated and disposed of within the lot in

accordance with AS 1547:2000 and the



Item for inclusion

in Plan of

Subdivision and/or

Section 88B

Instrument

Details of Item

Environment and Health Protection Guidelines

1998

Restriction

Prohibiting access from proposed Lot 1 onto the

Pacific Highway at any point other than the

existing access point.

Restriction

Any future boundary fencing for either lot must not

impede the free movement of Koalas and comply

with the requirements of the approved Koala Plan

of Management.

Restriction

If dogs are to be kept on the premises then dog

runs and pens are to be provided to house the dogs

and be constructed to the satisfaction of Council

Easement for

Electricity

The creation of any necessary easements for

electricity purposes as required by the electricity

supply authority.

Easement for

Services

The creation of suitable easements for services to

either proposed Lot if required

4. Certificate for Pipes, Access Driveways, etc. Within Easements

A certificate from a registered surveyor is to be submitted to Council

certifying that all pipelines, structures, access driveways and/or

services are located wholly within the relevant easements.


Environmental: From the information supplied to Council, it is not anticipated that

there will be any adverse environmental impacts from the boundary adjustment.

There is no proposed change in the existing use of the land.

Social, Economic (Financial): Nil

Policy or Statutory: The application has been assessed under Section 79C of the

Environmental Planning and Assessment Act 1979 and Kempsey Local

Environmental Plan 1987.

Heads of Consideration

The proposal has been examined having regard to the Heads of Consideration

identified under Section 79C(1) of the Environmental Planning and Assessment Act

1979.

The proposal is not contrary to any State Environmental Planning Policy or North

Coast Regional Environmental Plan.

State Environment Planning Policy 1 Objection (SEPP 1)

The application is accompanied by a SEPP 1 objection to the 40 hectares minimum

lot size for 1(d) land.

Details of SEPP 1


DA No.: T6-09-382

Subject Land: Lot 822 DP 773764 and Lot 153 DP 752417,

No 434 Pacific Highway, South Kempsey

Description: Boundary Adjustment

Zoning: 1(d) (Rural (Investigation) D Zone) and 4(a)

(Industrial (General) Zone)

Instrument: KLEP 1987 16(1)(a)

Variation: 43.8%

Any application requiring a SEPP 1 objection needs concurrence from the

Department of Planning before it can be approved by Council. In this case Council

can use the assumed concurrence principles in Planning Circular B1 as no additional

lots or dwelling entitlements will be created and the existing agricultural use of the

land will not be compromised. However, as the variation is greater than 10% the

application must be determined at a full Council meeting.

The objection to Clause 16(1)(a) of Kempsey LEP 1987 considers that the

circumstances of this particular development render compliance with the

development standard as unreasonable and unnecessary for the following reasons:

1. The existing parcels are already undersized, being 12.6 ha and 14.1 ha;

2. The total area of land zoned 1(d) is only 22.5ha;

3. No additional lots are created;

4. The effect of the boundary adjustment will be to locate all 1(d) zoned land on

Lot 2, meaning only 1 lot is now undersized, not both as is the current situation

(note that there is no minimum lot size for 4(a) zoned land);

5. Lot 2, while below the minimal lot size will be larger than current and so the

variation will actually be less then it currently is;

6. By consolidating all the 1(d) land on one allotment facilitates the co-ordination

of investigations into future rezoning of the land;

7. Consolidating all the 1(d) land on one allotment is consistent with the objectives

of the zone.

State Environment Planning Policy 44 – Koala Habitat Protection

The land has been assessed as core Koala habitat, and therefore before Council can

grant consent to a development application, a Koala Plan of Management needs to

be prepared and approved by the Department of Planning. A Koala Plan of

Management was submitted to Council on 9 March 2011 and was approved by the

Department of Planning on 2 May 2011 subject to conditions regarding fencing and

dogs being included on any approval (Appendix D - Page SE24).

Planning Comment

Currently both lots contain 1(d) zoned land that is well under the minimum lot size

of 40 hectares. This proposal will consolidate the 1(d) land into one lot, making it

easier to achieve the objectives of the zone and only one lot will be undersize not

both lots. The size of the variation will also be reduced.

No additional lots or entitlements will be created. Lot 2 will not have a dwelling

entitlement. If it is proposed to subdivide Lot 2 in the future it will require the

consent of Council and the concurrence of the Department of Planning.

The property adjoins the Kempsey Golf Club and other land uses are either

industrial or rural.

Access to Pacific Highway

http://www.kempsey.nsw.gov.au/pdfsCnlMtgs/2011/cmeeting20110621/210611o-se-appd.pdf


The boundary adjustment will result in an additional lot having frontage to the

Pacific Highway. The application was referred to the Roads and Traffic Authority

(RTA) for their comments. They raised concerns about not wanting additional

access points off the highway and the potential future use of Lot 2. There will be

no additional access points and a restriction will be placed on Lot 1 prohibiting

access to the highway at any point other than the existing. Any future use of Lot 2

will need a separate approval and is likely to be referred to the RTA as part of any

application.

SUMMARY

Reporting that Council has received a Development Application to undertake a

boundary adjustment which requires a variation to Kempsey Local Environmental

Plan 1987.

PROPOSAL

Applicant: Bracourt Pty Ltd

Subject Property: Lot 21 DP 788635 No 1314 Pacific Highway and

Lot 1 DP 1049660 No 1304 Pacific Highway,

Bellimbopinni

Zone: 1(a3) Agricultural Protection

Existing Development

The proposal involves a boundary adjustment between two existing lots (Appendix

E - Page SE25), each with an existing dwelling with its own access to the Pacific

Highway. Lot 21 is approximately 8.3ha and lot 1 is approximately 7.1ha. Both

lots are currently used to run cattle.

Proposed Development

The proposal (Appendix F - Page SE26) is to adjust the boundary between lots,

creating one lot of 1.2ha and the other lot of approximately 14.2ha, each lot

retaining its existing dwelling and access, but with the majority of agricultural land

consolidated into one lot.

A That Development Application T6-11-141 be approved subject to the

following conditions:

1. Development is to be in accordance with approved plans

The development is to be implemented in accordance with the




Document


Map 3 15 May 2011


1.7.2 Proposed Boundary Adjustment

File: T6-11-141 {Folio No. *}

http://www.kempsey.nsw.gov.au/pdfsCnlMtgs/2011/cmeeting20110621/210611o-se-appe.pdf

http://www.kempsey.nsw.gov.au/pdfsCnlMtgs/2011/cmeeting20110621/210611o-se-appe.pdf

http://www.kempsey.nsw.gov.au/pdfsCnlMtgs/2011/cmeeting20110621/210611o-se-appf.pdf





prevail.




THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH PRIOR TO

ISSUE OF A SUBDIVISION CERTIFICATE

2. Plan of Subdivision

An application for a Subdivision Certificate must be made on

the approved form. The Subdivision Certificate fees, in

accordance with Council's adopted schedule of fees and

charges, must accompany such application. Seven (7) copies of

the plan of subdivision are to be submitted with the application

for a subdivision certificate. The location of all buildings and/or

other permanent improvements including fences and internal

access driveways/roads must be indicated on 1 of the copies.

3. Plan of Subdivision and Section 88B Instrument requirements

A Section 88B Instrument and 1 copy are to be submitted with

the application for a subdivision certificate. The final plan of

subdivision and accompanying Section 88B Instrument are to

provide for the items listed in the following table:

Item for inclusion

in Plan of Subdivision and/or

Section 88B Instrument

Details of Item

Restriction Prohibiting access from either proposed lot onto the Pacific Highway at any point other then the existing access points.

Easement for Electricity

The creation of any necessary easements for electricity purposes as required by the

electricity supply authority.

Easement for Services

The creation of suitable easements for services to either proposed Lot if required

4. Certificate for Pipes, Access Driveways, etc. Within Easements

A certificate from a registered surveyor is to be submitted to

Council certifying that all pipelines, structures, access

driveways and/or services are located wholly within the

relevant easements.

B That the objectors be advised of Council‟s decision.


Environmental; Social; Economic (Financial); Policy or Statutory: Nil

REPORT DETAILS




identified under Section 79 C (1) of the Environmental Planning and Assessment Act

1979.

The proposal is not contrary to any State Environmental Planning policies or North

Coast Regional Environmental Plan.

State Environment Planning Policy 1 Objection (SEPP 1)

The application is accompanied by a SEPP 1 objection to the 40 ha minimum lot

size for 1(a3) land and the 400m minimum frontage for to the Pacific Highway for

1(a3) zoned land.

Details of SEPP 1

DA No.: T6-11-141

Subject Land: Lot 21 DP 788635 No 1314 Pacific Highway

and Lot 1 DP 1049660 No 1304 Pacific

Highway, Bellimbopinni


Zoning: 1A3 Agricultural Protection

Instrument: KLEP 1987 Clause 16(1)a (40ha minimum lot

size)

Variation: 97% and 64%

Instrument KLEP 1987 Clause 15 minimum road frontage

of 400 metres

Variation 62.5% and nil

Any application requiring a SEPP 1 objection needs concurrence from the

Department of Planning before it can be approved by Council. In this case Council

has been delegated assumed concurrence in accordance with Planning Circular B1

as no additional lots or dwelling entitlements will be created and the existing

agricultural use of the land will not be compromised. As the variation is greater

than 10% the application must be determined at a full Council meeting.

The objection to clause 16(1)(a) of Kempsey LEP 1987 relating to the 40ha

minimum lot size considers that the circumstances of this particular development

render compliance with the development standard as unreasonable and

unnecessary for the following reasons:

No additional lots or entitlements are being created;

No change to existing uses or access points onto the highway;

Both lots are currently too small to be viable for agricultural use, but by

consolidating most of the land on one allotment will increase the viability of

that lot; and

The lot size of the smaller lot is consistent with a number of smaller lots,

containing dwellings in the area.

The objection to Clause 15 of Kempsey LEP 1987 relating to the 400 metres

minimum road frontage considers that the circumstances of this particular

development render compliance with the development standard as unreasonable

and unnecessary for the following reasons:

No additional access points to the highway will be provided, access to both

lots will be via existing driveways; and

No additional lots will gain frontage to the Highway.

Planning Comment


Currently both lots contain 1(a3) zoned land that is well under the minimum lot size

of 40ha. This proposal will make one larger lot and one smaller lot. Both new lots

will be below the minimum lot size.

No additional lots or entitlements will be created. Both lots will retain their existing

dwellings. There is no proposed change in the use of each lot. The application is

consistent with the objectives of the zone and the potential agricultural use of the

land will not be compromised as part of this development.

The two lots currently have a total frontage of approximately 600m. There is no

change to this situation and no additional lots will obtain frontage to the highway

and no new driveways will be required. Proposed Lot A will have a frontage of

approximately 150 metres with Lot B having a frontage of approximately 450

metres.

Part of the aim of the zone is to protect arterial road frontages from developments

that are visually intrusive or generate excessive traffic. There is no new

development or extra traffic generation as part of this application. No additional

uses are proposed. Varying the standard will still achieve the objectives of the

zone.

Access to Pacific Highway

Both lots currently have their own access to the Highway, there will be no change

to the access as a result of the boundary adjustment and there will be no additional

uses or access points approved as a result of this boundary adjustment. The

application is consistent with the objectives of the SEPP Infrastructure and does not

need to be referred to the RTA. Any future use of either lot other than for

agriculture or dwelling will need a separate approval and is likely to be referred to

the RTA as part of any application.

Flooding

The land is within the Bellimbopinni-Seven Oaks Floodway but clause 6.2.4 of

Council‟s Flood Policy states that the subdivision of land for the purposes of a

boundary adjustment is permitted in floodways.

SUMMARY

Reporting that Council has received a development application for the purpose of a

change of use and alterations of the existing dwelling for which objections have

been received.

This report is to read in conjunction with confidential report 1.2 - Legal

Opinion - State Environmental Planning Policy Affordable Rental Housing

2009

PROPOSAL

Applicant:

Ms R Harvey

Subject Land: Lot A DP303130 28 Main Street

Crescent Head

1.7.3 Change the use and alterations of the existing dwelling in

Crescent Head



Zone: 2 (a) (Residential „A‟ Zone)

Proposed Development: Change the use and alterations of the existing

dwelling to comply as a secondary dwelling under

SEPP (Affordable Rental Housing) 2009, demolition of

garage, construction of new three storey dwelling

and consideration of a SEPP 1 application

Background

The subject land currently contains a 71.3m2 dwelling fronting Main Street and a

garage accessed from Hodgson Street. The site has a dual frontage to Main Street

and Hodgson Street with both frontages being 10 metres in length. The site is

sloping at approximately 14% towards Main Street with a 1 metre cross fall and the

parcel of land is approximately 487m2.

Proposal

The application has been amended by the applicants in order to address planning

controls and submissions received. The current application is to:

change the use of the existing dwelling to a „secondary dwelling‟ in line with the

definition contained within the SEPP - Affordable Rental Housing 2009;

alterations which reduce the size of the secondary dwelling to 60m2 in line with

the definition contained within the SEPP - Affordable Rental Housing 2009;

demolition of the garage;

construction of a new 2 bedroom, 3 Storey dwelling (primary dwelling); and

consideration of a SEPP No. 1 application to permit 3 storeys.

In order to reduce the impact on views and comply with DCP Crescent Head, the

applicant is requested to submit amended plans.

A That the applicant be invited to submit amended plans that reduce the

impact on the views on the dwellings immediately to the south (No 4

Beranghi Streetand No 14 Hodgson Street) including, but not limited

to, lowering and moving the building to the north. Such amended

plans to be accompanied by a photo montage prepared by a suitably

qualified person demonstrating that there will be no unacceptable

loss of views.

B That upon receipt of acceptable amended plans, that Development

Application T6-10-242 be approved subject to the following

conditions:


The development is to be implemented in accordance with the




Document Version Prepared by Dated

Drainage, Open Space Plan, Secondary Dwelling Alterations

3 Rev D Bayline Developments

12/5/11

Floor Plans and Sections 1 Rev C Bayline 14/1/11




Document


Developments

Elevations 2 Rev C Bayline Developments

14/1/11

Driveway Section Details 1 McGlashan & Crisp PTY LTD

Nov 2010




prevail.





requirements under Home Building Act 1989

a) All building work must be carried out in accordance with the

requirements of the Building Code of Australia as in force

on the date the application for the relevant construction

certificate or complying development certificate was made.

b) In the case of residential building work for which the Home

Building Act 1989 requires there to be a contract of

insurance in force in accordance with Part 6 of that Act, that

such a contract of insurance is in force before any building

work authorised to be carried out by the consent

commences.

3 Commencement of Works


4 Future subdivision

In accordance with the State Environmental Planning Policy

(Affordable Rental Housing) 2009, the land parcel to which this

development application applies is not to be subdivided.

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR

TO ISSUE OF A CONSTRUCTION CERTIFICATE FOR BUILDING WORKS

5 Demolition of Existing Structures

The existing shed and part of the existing dwelling shall be

demolished in a safe and systematic manner in accordance with

the requirements of Australian Standard AS 2601-2001 "The

Demolition of Structures", with all waste being removed from

the site. Hazardous waste such as asbestos cement sheeting

etc., being handled, conveyed and disposed of in accordance

with guidelines and requirements of the NSW WorkCover

Authority. Disposal of asbestos material at Council‟s Waste

Depot requires prior arrangement.

6 Removal of asbestos

All asbestos wastes associated with demolition/renovation

works are to be disposed of in accordance with the requirements

of the WorkCover Authority. The applicant/owner is to produce

documentary evidence that this condition has been met. Council


requires 48 hours notice prior to disposal at Council‟s waste

depot.

7 Roads Act Activity Approval

Provide Council with the completed form “Request for Consent to

Carry Out a S138 Roads Act Activity” for the proposed vehicular

access from the road formation to the property boundary of the

above development; payment of the necessary fees and

engineering details of the proposed driveway crossing to the

above development.


A Long Service Levy must be paid to the Long Service Payments

Corporation prior to the issue of a Construction Certificate. This

amount payable is currently based on 0.35% of the cost of the

work. This is a State Government Levy and is subject to change.

These payments may be made at Council‟s Administration Office.

Cheques are to be made payable Council.


An approval under Section 68 of the Local Government Act 1993

to carry out water supply work and sewerage work must be

obtained.

10 Compliance with BASIX Certificate.

The Principal Certifying Authority (PCA) is to ensure that the

proposed development is constructed in accordance with the

requirements of BASIX Certificate No. 3229335-04, dated 19

January 2011. The Plans submitted for approval with the

Construction Certificate must include all of the BASIX Certificate

commitments indicated in this certificate.

Where changes to the development are proposed that may affect

the water, thermal comfort or energy commitments, a new

BASIX Certificate may be required.

11 Structural Engineer‟s Details required

Structural engineering details, prepared and certified by a

practicing structural engineer, of all reinforced concrete and

structural members shall be submitted to the Principal Certifying

Authority for approval.

12 Stormwater details required

The application for a Construction Certificate is to include plans

and specification for the construction of stormwater disposal

from the site in accordance with the plans approved by this

consent. The drainage system is to be designed for 1 in 20 year

storm event and must discharge to the existing system. The

stormwater system must be designed to comply with the

requirements of AS/NZS 3500.3:2003 - Plumbing and drainage,

Part 3: Stormwater drainage.

Such plans and specifications must be approved as part of the

Construction Certificate.

Engineering plans and specifications must include details in

accordance with Appendix C of AS/NZS 3500.3:2003 - Plumbing


and drainage, Part 3: Stormwater drainage.

The plans must be in compliance with Council‟s Adopted


13 Application for a Certificate of Compliance


Compliance, pursuant to Section 305 of the Water Management


Please refer to the Advice section of the consent for additional






a) must preserve and protect the adjoining building from

damage;

b) if necessary, must underpin and support the building in

an approved manner; and

c) must, at least 7 days before excavating below the level of

the base of the footings of a building on an adjoining

allotment of land, give notice of intention to do so to the

owner of the adjoining allotment of land and furnish



The owner of the adjoining allotment of land, public road or

any other public place is not to be held liable for any part of

the cost of work carried out, whether carried out on the

allotment of land being excavated or on the public road, any

other public place or the adjoining allotment of land.

Geotechnical Report required – Engineering Works

15 A certificate form a professional Geotechnical Engineer is to

be provided to the Principal Certifying authority, certifying

that:

a) The design of the civil engineering works, including

retaining walls and/ or cut and fill batters, has bee

assessed as structurally adequate in accordance with

the relevant Australian Standards

b) The civil engineering works will not be affected by

landslip or subsidence either above or below the works;

c) Adequate drainage has been provided with appropriate

consideration given to groundwater constraints.

Plans of retaining walls and drainage

16 The application for a Construction Certificate is to include

plans and specification that indicate retaining walls or other

approved methods of preventing movement of the soil, where


any excavation or filled area has been approved via this

development consent to exceed 600mm in height. Adequate

provision must be made for drainage in the design of the

structures.

Such plans and specification must be approved as part of the

Construction Certificate.


amenities or services prior to the issue of a Construction Certificate



The specific public

amenity or service in

respect of which the

condition is imposed.

The contributions plan

under which the

condition is imposed

Date of

contributions

plan

Outdoor Recreation

Outdoor Recreation

2001

September

2001

Public Domain Kempsey Town Centre

Public Domain Section

94 Development

Contribution Plan

August 2010

Roads and Traffic

Infrastructure

Local Roads and Traffic

Infrastructure

Contribution Plan 2009

January

2010

Section 94 – Project

Administration

Project Administration

10 August

2007

The above plans may be viewed during office hours at the

Council Offices located at 22 Tozer Street, West Kempsey.


Council prior to the issue of a Construction Certificate. The

following contributions are current at the date of this consent.


the relevant plan and the amount payable will be calculated on

the basis of the contribution rates that are applicable at the time

of payment. The contribution rates for specific dates are

available from Council offices during office hours. Payments will

only be accepted by cash or bank cheque.



Public amenity

or service

Unit

type

No.

of

Units

Contributi

on Rate

(Amount

per Unit)

Contributio

n Levied

Date until

which

Contribution

rate is

applicable

Open Space

ET

0.66

$474.00

$312.84

30 June 2011

Public Domain

EP

1.9

$393.00

$746.70

30 June 2011


Public amenity

or service

Unit

type

No.

of

Units

Contributi

on Rate

(Amount

per Unit)

Contributio

n Levied

Date until

which

Contribution

rate is

applicable

Roads and

Traffic

Infrastructure

within

Catchment Four

(4)

EP

1.9

$1,466.00

$2,785.40

30 June 2011

Sub total $3,844.94

S94

Administration

6% of total Section 94 charge

applicable $230.70

30 June 2011

TOTAL $4,075.64


CONSTRUCTION

18 Plumbing Standards and requirements

All Plumbing, Water Supply and Sewerage Works are to be

installed and operated in accordance with the Local Government

Act 1993, the NSW Code of Practice for Plumbing and Drainage

and AS/NZS 3500 Parts 0-5, the approved plans (any notations

on those plans) and the approved specifications.


Construction works must not unreasonably interfere with the



a) Monday to Friday, from 7 am to 6 pm.

b) Saturday, from 8 am to 1 pm.


Holidays.


A sign or signs must be erected before the commencement of the

work in a prominent position at the frontage to the site:

a) showing the name, address and telephone number of the

principal certifying authority for the work;

b) showing the name of the principal contractor (if any) for



c) stating that unauthorised entry to the work site is

prohibited.


work or demolition work is being carried out, but must be





All builders rubbish is to be contained on the site in a „Builders

Skips‟ or an enclosure. Building materials are to be delivered


reserves are to be maintained clear of rubbish, building

materials and all other items.


Erosion and sedimentation controls are to be in place in

accordance with the DCP 36 – Engineering Guidelines for

Subdivision and Development. Particular attention is to be given

to the provision of the following sediment and erosion control

measures:

a) Temporary driveway from the edge of road to the building

site;

b) Temporary downpipes immediately that the roof has been

erected; and

c) Silt fence or sediment barrier.

Additionally the enclosed sign, to promote the awareness of the

importance of maintenance of sediment and erosion controls, is

to be clearly displayed on the most prominent sediment fence or

erosion control device for the duration of the project.

Note: Council may impose on-the-spot fines of up to $600 for

non-compliance with this condition.


Glazing materials used in the building are to be selected in


SAA Glass Installation Code and must comply with the





ISSUE OF AN OCCUPATION CERTIFICATE


All of the works shown on the plans and granted by this consent,

including any other consents that are necessary for the

completion of this development, are to be completed and

approved by the relevant consent authority/s prior to the issue

of an Occupation Certificate.


A fire detection and alarm system must be installed and

maintained within the building. Such system must comply with

the Building Code of Australia (BCA) Part 3.7 requirements for a

Class 1a building.

26 Sealed driveway in accordance with the Roads Act

A sealed driveway is to be constructed from the edge of the road

formation to property boundary in accordance with the Roads


Act consent.

27 Sewer and water to be connected

Sewer and water supply is to be connected to the premises in

accordance with an approval granted under Section 68 of the

Local Government Act 1993.

28 Restriction

Prior to the Occupation Certificate being issued evidence that a

restriction has been registered on the title of the land is to be

supplied to Council. The restriction will be to prohibit the future

subdivision of the land whist 2 dwelling exist which are

approved under the SEPP (Affordable Rental Housing) 2009

under this consent.

ADVICE

Contributions for Water Services prior to this issue of a Certificate of

Compliance

Contributions set out in the following table are to be paid to Council prior

to the issue of a Certificate of Compliance. Contributions are levied in

accordance with Council‟s Kempsey Shire Council Macleay Water DSP for

Water & DSP Sewage Services dated July 2006. The Plans may be viewed


The contributions payable will be adjusted in accordance with relevant

plan and the amount payable will be calculated on the basis of the

contribution rates that are applicable at the time of payment. Payments

will only be accepted by cash or bank cheque.

The Certificate of Compliance under Section 306 of the Water Management

Act 2000, identifying payment of the contributions, is to be provided to the

Principal Certifying Authority.

Public

service

No. of

Equivalent

Tenements

Contribution

Rate

(Amount

per ET)

Contribution

Levied

Date until

which

Contribution

rate is

applicable

Office Use

Only

Receipting

Codes

Water 0.6 $8,390.00 $5,034.00 30 June

2011

AW

Sewer 0.75

$7,078.00

$5,308.50 30 June

2011

AS

TOTAL $10,342.50

C That in the event acceptable amended plans are not provided within

28 days of notice being given, that the application be refused for the

following reasons:-

1 The proposal does not comply with DCP Crescent Head having

regard to an unacceptable and avoidable loss of views to

adjoining residences.

2 The proposal is likely to create an undesirable precedent for

similar propsals in the locality and throughout the Shire


3 The porposal is not considered to be in the public interest.

D That the objectors be advised of Council‟s decision.


Environmental: From the information supplied to Council, it is not anticipated that

there will be any adverse environmental impacts from the proposed new dwelling

and alterations to the existing dwelling.

Social: Nil.

Economic (Financial): The proposal is considered to provide an economic benefit

only for the period of construction.

Policy or Statutory: The application has been assessed under Section 79C of the

Environmental Planning and Assessment Act 1979, Kempsey Local Environmental

Plan 1987, Development Control Plan 22 and Development Control Plan Crescent

Head.

REPORT DETAILS



identified under Section 79C(1) of the Environmental Planning and Assessment Act

1979 with the following matters considered to be of particular relevance to the

proposal.

State Environmental Planning Policy (Affordable Rental Housing) 2009

SEPP – (Affordable Rental Housing) 2009 provides a range of planning initiatives to

encourage the development of affordable low-rise in-fill rental housing, residential

flat buildings, secondary dwellings („granny flats‟), new generation boarding houses

and social housing. This development proposes to change the use of the existing

dwelling and size to comply with the definition of a „secondary dwelling‟, and a

„primary dwelling‟ be constructed as defined by the SEPP. The proposed

development complies with the provisions of the SEPP (Affordable Rental Housing)

2009 and is not affected by recent amendments.

A secondary dwelling means a self-contained dwelling that:

(a) is established in conjunction with another dwelling (the principal dwelling),

and

(b) is on the same lot of land (not being an individual lot in a strata plan or

community title scheme) as the principal dwelling, and

(c) is located within, or is attached to, or is separate from, the principal

dwelling.

In accordance with the aims of the policy, the development seeks to mitigate the

loss of existing rental housing by retaining the existing dwelling. The proposal

provides a secondary dwelling capable of providing rental accommodation near the

Crescent Head business centre and is consistent with the aims of the policy.

Assessment of the complying development standards of the SEPP –

Affordable Housing


Division 1 of the SEPP applies to Development including multiple dwellings. In this

regard Council is unable to refuse the proposed where the following minimum

requirements have been met.

Standard Requirement Proposed Compliance

Site area 450 m2 487 m2 Yes

Landscaped area 30% (146.1m2) 172.5 m2 Yes

Deep soil zones 15% of the site

Minimum dimension

of 3 metres

Rear of the site is

preferable

Yes, 15% of the site

(73 m2) can be

considered as a deep

soil zone.

The area of deep soil

has a minimum

dimension of 4

metres.

Due to site

parameters (dual

frontage), this

preference cannot be

met. The deep soil

zones may be in the

centre of the site,

achieving similar

outcomes.

Yes.

Solar access 3 hours of solar

access between 9am

and 3pm in mid

winter.

(Primary dwelling)

It has been

demonstrated by the

applicant that this

dwelling will receive

more than 3 hours of

solar access to its

private open space

and living rooms.

(Secondary dwelling)

The existing dwelling

will receive solar

access of greater

than 3 hours to its

private open space

and living room

(enclosed patio)

(Primary

dwelling)

Yes

(Secondary

dwelling)

Yes

Parking 2.5 car parks 4 car parks Yes

Dwelling size (Primary dwelling)

2 bedroom – 70 m2


3 Bedroom – 95 m2

(Primary dwelling)

2 bedroom 240 m2


3 bedroom 60 m2

(Primary

dwelling)

2 Bedroom

Yes

(Secondary

dwelling) 3

Bedroom No,

the

development

for a

secondary

dwelling is to

comply with

the

requirements

of division 2


of the SEPP –

60 m2 this

requirement

has been

met.

It is noted that the complying development standards included in Schedule 1 –

Development Standards for Secondary Dwellings within the SEPP do not apply to

the proposal, as the secondary dwelling is existing however, the secondary dwelling

must not be greater than 60m² and the application proposes a reduction in the size

of the existing dwelling to meet this requirement.

There are no other standards applying to the principal dwelling which is required to

comply with DCP Crescent Head.

Kempsey Local Environmental Plan 1987

The proposed „Dwelling‟ is permissible with consent in the 2(a) (Residential „A‟

Zone), however, development is limited to two storeys. The applicant has

submitted a SEPP1 objection to vary clause 24 to allow a 3 storey dwelling. The

applicant is arguing that the development standard in this case is unreasonable and

unnecessary.

State Environmental Planning Policy 71 – Coastal Protection

The subject lot falls within the coastal zone as defined by SEPP 71, however, the

site is not classified as a sensitive coastal location. Council is required to have

regard for the matters as set out by Clause 8. (Appendix G – SE27)

a The proposal is not considered contrary to the aims and objectives as set out

in clause 2 of the SEPP for the following reasons:

the natural, cultural, recreational and economic attributes of the New

South Wales Coast area have been considered;

the visual amenity of the coast is protected;

the native coastal vegetation is not affected.

b The proposal is located a substantial distance from any coastal foreshore and

will not interfere with any public access to the foreshore.

c As the site is not located adjacent to any foreshore there is no requirement to

enhance any existing public access.

d See comments in body of the report on suitability of the development in the

locality.

e The site is not located adjacent to any coastal foreshore and therefore will not

overshadow any public foreshore reserve.

f The surrounding area is predominately urban. The development will not

detract from the scenic qualities of the New South Wales Coast line.

g No clearing is proposal therefore having minimal impact upon threatened

species of flora and fauna.

h There will be no direct impacts on marine ecosystems.

http://www.kempsey.nsw.gov.au/pdfsCnlMtgs/2011/cmeeting20110621/210611o-se-appg.pdf


i The lot is situated within an existing subdivision. There will be no impact upon

any wildlife corridor.

j There is no impacts, upon coastal processes.

k The site has no foreshore frontage so conflict between land and water based

activities will not result from this development.

l Measures to protect the cultural places, values, customs, beliefs and

traditional knowledge of aboriginals have been considered.

m There are no issues related to the conservation and preservation of items of

heritage, archaeological or historic significant.

NSW Coastal Policy 1997

The design and locational principles as set out in Strategic Action 3.2.7 table 3 of

NSW Coastal Policy have been incorporated in DCP Crescent Head. The proposal is

considered to be consistent with the principal, which seeks to ensure that buildings

are consistent with the height and scale of existing development.

SEPP 1 Development Standards

The application is supported by a SEPP 1 objection to vary clause 24 which restricts

development to two (2) storeys and an upper ceiling level of not more than 6.2

metres.

Applicant‟s submission

The applicant has provided an objection under SEPP 1 that can be summarised as

follows; (appendix)

A 2 storey elevation has been achieved at the Hodgson Street which is under

the required height limits.

The proposal is consistent with other properties built on similar steep blocks in

the area with 3 levels built down the slope with car parking close to the street

as provided in this design.

The site has a slope of greater than 10% and 1 metre cross fall, this design is

required to achieve a compliant driveway gradient within required setbacks.

Rather than a pole home, we wish to utilise the underneath with parking and

storage.

Planning Comment

The third storey component results from the inclusion of a storage area (non

habitable) within a basement. The dwelling complies with the maximum height

requirements as detailed in Council„s Heights of Buildings Policy for development

with slopes exceeding 10% (See – Building Height Policy). The majority of the three

story component of the dwelling is below natural ground level and the development

when viewed from Hodgson Street is a 2 storey dwelling. Therefore it is reasonable

to grant the variation.

Heights of Building Policy

Building heights within various residential and commercial zones are controlled by

Clauses 24 and 25 of Kempsey Local Environmental Plan 1987. In respect to

residential zones, buildings are restricted to two (2) storeys with a topmost ceiling


level of not more than 6.2 metres above natural ground level unless the topography

of the site makes it impractical to comply.

Council„s Policy provides that it is impractical to comply with the 6.2 metre height

limit where slopes exceed 10% provided the ceiling height is not more than 7.2

metres with an overall ridge height of 9.2metres. The proposed ceiling height of the

second storey habitable rooms is 5.4 metres with an overall ridge height of 6.5

metres to natural ground level which complies with this policy (Appendix H -

Page SE28) Part 2.

Development Control Plan (DCP) Crescent Head Housing Strategy

Whilst the secondary dwelling is not required to be assessed against the relevant

development standards as contained within SEPP Affordable Housing, DCP Crescent

Head prevails in respect to the principal dwelling.

STANDARD REQUIRED PROPOSED DEVELOPMENT

STANDARD YES/NO

COMPLIANCE PERFORMANCE OBJECTIVE

Front Setbacks

5m 5m Yes Yes

Side Setback

900mm Average of 1m No Yes See comments

on setbacks

Rear

5m NA Yes Yes

Car Parking & Access

2 resident 2 visitors

2 resident 2 visitors

Yes Yes

Private Open Space

25m2/dwelling + min dimensions of

4m x 4m

Between 148m2 and 334m2

Yes Yes

Safety in Design

Complies Yes Yes

Height Existing two

storey dwelling

Top Plate 7.2m for sloping sites

and max 2 storeys

Top Plate 7.2m and 3 storeys

No Yes See comments

on height

Solar Access

No more that 2 hours between 9am and 3pm

Information supplied demonstrates

compliance

Yes Yes

Cut and Fill

Max height/depth of any cut and fill is 1.5m above or below the

natural ground

level.

A retaining wall/ earth bank is necessary on the eastern boundary – however this is

existing

Yes Yes

Density Extra Large Dwelling site to be 420m2

Site is 487m2 Yes Yes

Landscaping Landscaping plan in accordance with DCP guidelines have been submitted.

Yes Yes

Views Views of water are impacted by the development

No No

Erosion and Sediment

Control

To be addressed by conditions of

consent

Yes Yes

http://www.kempsey.nsw.gov.au/pdfsCnlMtgs/2011/cmeeting20110621/210611o-se-apph-pt1.pdf




Setbacks

COMPENSATORY SETBACK ASSESSMENT

GROUND LEVEL WESTERN SIDE

29.57m2 29.57m2 compensatory setback is

required.

30.5m2 compensatory setback has been

provided.

Compliant.

GROUND LEVEL EASTERN SIDE

4.08m2 of the dwelling is within the

1800mm minimum average setback.

4.08m2 compensatory setback is

required.

30.5m2 compensatory setback has been

provided.

Compliant.

FIRST FLOOR WESTERN SIDE




required.

25m2 compensatory setback has been

provided.

Non-compliant (1.25m2).

FIRST FLOOR EASTERN SIDE




required.

25m2 compensatory setback has been

provided.

Compliant.

The DCP requires a minimum average of 4.5m from each side boundary for the

upper storey component, with a minimum of 2m. Any setback less than the

minimum average shall justify the proposal having regard to impacts of

overshadowing and privacy.

The proposal has allowed a minimum of 900mm from both the eastern and western

side boundaries at garage level. On the eastern boundary an average of 2.5 metres

is provided at ground level and 2.1 metres at first floor. On the western boundary

an average of 0.9 metres is provided for all levels. The rear set back to the

secondary dwelling is 11.6 metres.

The compensatory setback complies with the side setback requirement on the

eastern side boundary, however, the dwelling is non compliant on the western side

boundary (Appendix I - Page SE39) on the first floor with a minor encroachment

of 600mm with an area of only 2.0m² which is insignificant and will not result in

any adverse impacts.

The application is seeking a variation to the side setback requirement. Information

submitted with the application demonstrates that the building to the west has no

more than 2 hours of overshadowing of the living areas of adjacent buildings and

open space between 9am and 3 pm on the 22nd June. The design of the principal

dwelling provides that all balconies and patios are screened by adjustable horizontal

louvers and habitable rooms have fixed screen louvers. Therefore the

encroachment has minimal impact on the loss of privacy or overshadowing

(Appendix J - Page SE41)

Density

http://www.kempsey.nsw.gov.au/pdfsCnlMtgs/2011/cmeeting20110621/210611o-se-appi.pdf

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The only control in the SEPP relating to density is the 450m² minimum lot size

which has been met and overrides DCP Crescent Head.

Protection of Views

DCP Crescent Head provides principles to be applied to development applications to

determine the impact of the development on the views enjoyed by adjoining

properties.

Step 1

Where views will be affected

―Water views are more valuable than land views.

―Whole views are valued more highly than partial views.

The view is of the where the water meets the land as well as significant views of

the Pacific Ocean.

Step 2

Where are views obtained from?

―Views across front or rear boundaries, from a standing position, should be

protected to a reasonable extent.

The views from 4 Hodgson Street are over the front boundary to the north.

Step 3

Where is the impact?

―Views from living areas and kitchens are more important than from bedrooms and

service areas.

The view from the adjacent property on 4 Beranghi Street is obtained standing in

the living room and to a lesser extent the kitchen over the front boundary of the

property on Hodgson Street looking north and northwest

Assess view loss in qualitative terms-

The loss of view would be significant.

Step 4

Is the proposal reasonable?

―Does the proposal comply with other controls in this DCP?

The proposal complies with other controls (with minor variances) in the DCP

Crescent Head.

“If it does comply would a more clever design provide the same development

potential and amenity and reduce the impact on views? If not, impact probably

considered as capable and view sharing reasonable.”

The applicant was requested to redesign the development by moving the proposed

principal dwelling towards Main Street to the north. The applicant contends that

engineering constraints due to the steepness of the site restrict the location of the

dwelling to the current location and would not significantly reduce the impact on

views, however, no analysis to support this contention has been provided.

The provisions of DCP Crescent Head relating to protection of views is drawn from

Tenacity Consulting v Warringah (2004). Whilst the loss of views resulting from the

development is significant, it is not considered reasonable to reduce the building to

a single storey, having regard to the number of 2 storey dwellings in Crescent

Head.


In order to gain an indication of the loss of views when viewed from a dwelling to

the south, the levels of the proposed building were transposed on site as shown at

(Appendix K - Page SE42)

Having regard to the requirements of DCP Crescent Head which incorporates Land

and Environment Court Practice Notes, it is considered that the loss of views is

unacceptable and avoidable and can be reduced by lowering and moving the

building to the north without substantially altering the design.

Public Exhibition

The proposal was advertised in accordance with Council‟s Policy with twenty (20)

submissions received of which nineteen (18) were objections, three (3) are

confidential with one (1) letter in support which are summarised as follows:

(Appendix L - Page SE43 Part 2)

Objection Planning Comment

1

Proposed subdivision.

1

The subdivision component has been

removed from the development

proposal. If approved, the land

complete with the proposed

development cannot be subdivided

as stipulated by Clause 24 of the

SEPP - Affordable Rental Housing

2009 and should form part of the

conditions of consent.

2

Off street car parking for the

secondary dwelling has been

removed.

2

The car parking for both dwellings is

proposed to be within the front

setback of the primary dwelling

which is in accordance with SEPP

(Affordable Rental Housing) 2009.

3

Front setback does not comply

with the DCP.

3

The design has been modified to

comply with the 5m setback

required by the DCP.

4

Three storey development is

excessive for the site.

4

See SEPP 1 above.

5

Side setbacks are not

compliant with the DCP.

5

See assessment of side setbacks

under DCP Crescent Head Local

Housing Policy above.

6

Open space does not comply

with the DCP.

6

The plan has been modified to

comply with the provisions of the

DCP in relation to open space.

7

Vehicles reversing uphill into

Hodgson Street is unsafe.

7

The driveway details comply with

the relevant Australian Standard.

This driveway is consistent with

other driveways on the street and as

http://www.kempsey.nsw.gov.au/pdfsCnlMtgs/2011/cmeeting20110621/210611o-se-appk.pdf

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the street is a low traffic one way

street, it is unlikely there will be any

additional impact other than what

would be expected with this type of

development.

8

Extensive overshadowing will

be created.

8

Although overshadowing is likely to

affect neighbouring properties this

overshadowing is compliant with the

DCP guidelines being less than 2

hours of overshadowing of the living

area of adjacent dwelling and open

space area between 9am and 3pm

on 22 June. The owner of the only

property to be affected has provided

written support for the development.

10

The retaining wall and pool are

poor in appearance and are

very close to the fence line.

10

The pool has been removed from the

proposal and while the retaining wall

remains, it is less than the height of

the fence and no structure is

proposed on it. The retaining wall

will only be seen by the adjoining

owner and not from the street.

11

Stormwater and Erosion and

sediment controls.

11

These items are addressed via

conditions of consent.

12

The proposal overlooks

adjoining properties.

12

The applicant has decreased the size

of the 2nd storey patio, to 12m2

thereby minimising overlooking. The

windows and balconies are focused

upon the view and not on adjoining

properties. Adjustable louver panels

are proposed on the sides and rear

of the balcony to provide screening

to adjoining properties. Louvers

have also been used on side

windows to minimise any

overlooking potential.

13

Decreases value of adjoining

properties.

13

There is no evidence to support this

claim.

14

Landscaping is inadequate.

14

Landscaping has been assessed and

is in accordance with the DCP.

15

SEPP1 for building height is

insufficient.

15

See SEPP1 assessment.


16 Asbestos in garage to be

removed appropriately.

16 This issue is addressed by

Conditions of Consent should the

development be approved.

17 The proposed development is

not „Affordable Housing‟ as

defined by the Act.

17 See section on SEPP (Affordable

Rental Housing) 2009.

18 The development does not

comply with Clause 17 of the

SEPP (affordable Rental

Housing) 2009.

18 Clause 17 of the SEPP does not

apply to secondary dwellings.

19 The proposal is not in

accordance with the Aims of

the SEPP (Affordable Rental

Housing) 2009

19 See section on SEPP (Affordable

Rental Housing) 2009.

20

Who is required to complete

maintenance of the fence and

its possibly fragile frosted

glass panels.

20

Frosted glass panels have been

removed from the proposal.

21 Loss of views 21 See “Protection of Views”

SUMMARY

Reporting that the following applications have been approved for the period of 1

May to 31 May 2011 and includes approvals by Private Certifiers.



Environmental, Economic, Social, Policy or Statutory: Nil

REPORT DETAILS

Council Report on Local Development Applications

2010/LD-00359 Lot 4 DP262433 1-5 REGINALD WARD STREET SOUTH

KEMPSEY

ADDITIONS & ALTERATIONS - LANGUAGE AND CULTURAL CENTRE

Applicant: MACLEAY VALLEY WORKPLACE LEARNING CENTRE

2010/LD-00432 Lot 233 DP754396 19 GREGORY STREET SOUTH WEST ROCKS

RELOCATE BUILDING ON SITE, REFURBISH AND CHANGE OF USE TO

A REFRESHMENT ROOM

RECOMMENDATION

1.7.4 Building and Development Approvals

File: 329


Applicant: QTOSEND PTY LTD

2010/LD-00443 Lot 16 DP243816 45 ARTHUR STREET SOUTH WEST ROCKS

PROPOSED MULTIPLE DWELLINGS AND SUBDIVISION

Applicant: MS R J STRANO

2010/LD-00446 Lot 23 DP746457 42 INCHES ROAD VERGES CREEK

DUAL OCCUPANCY & RELOCATE EXISTING SHED

Applicant: MR R A SWAN

2011/LD-00066 Lot 3 DP260669 248 MOONEBA ROAD MOONEBA

DWELLING

Applicant: SMITH P & B

2011/LD-00076 Lot 2 DP100957 2 KOROGORA STREET CRESCENT HEAD

DWELLING ALTERATIONS AND ADDITIONS

Applicant: MRS H NEATHERCOTE

2011/LD-00077 Lot 1 DP37215 132 BELGRAVE STREET KEMPSEY

ADDITIONS & ALTERATIONS TO WORKSHOP/SHOWROOM

Applicant: HALLRIGHT PTY LTD & SHANNON (PORT MACQUARIE) PTY

LTD

2011/LD-00080 Lot 5 DP540650 454 CRESCENT HEAD ROAD SOUTH KEMPSEY


Applicant: MR A J FIRKIN

2011/LD-00091 Lot 1 DP516099 14-18 TOZER STREET WEST KEMPSEY

ALTERATIONS TO EXISTING COMMERCIAL PREMISES

Applicant: PAUL SMITH BUILDING DESIGN

2011/LD-00093 Lot 78 DP752438 4 FIFTH AVENUE STUARTS POINT

SHED

Applicant: MACLEAY VALLEY SHEDS

2011/LD-00097 Lot 8 DP23517 323 GREGORY STREET SOUTH WEST ROCKS

BOUNDARY ADJUSTMENT

Applicant: WATSON P & SAUNDERS C

2011/LD-00099 Lot 6 DP759080 39 LACHLAN STREET SOUTH KEMPSEY

ADDITIONS - AWNING

Applicant: DENNIS PARTNERS ENGINEERS

2011/LD-00109 Lot 6 DP224199 61 BROUGHTON STREET WEST KEMPSEY

GARAGE AND CARPORT

Applicant: MR J P CRILLEY

2011/LD-00110 Lot 8 DP10779 206 MARYS BAY ROAD EUROKA

DWELLING, SWIMMING POOL & CONVERSION OF EXISTING

DWELLING TO SHED

Applicant: CHRIS JENKINS DESIGN ARCHITECTS

2011/LD-00111 Lot 1 DP873980 3 LORD STREET EAST KEMPSEY

GARAGE & STOREROOM

Applicant: MR I K BRENTON

2011/LD-00112 Lot 1 SP35017 1/15 EMANUEL CRESCENT SOUTH WEST

ROCKS


ATTACHED CARPORT

Applicant: MR C J BARNETT

2011/LD-00114 Lot 76 DP791311 97 OCEAN STREET SOUTH WEST ROCKS


Applicant: BARRY C & B

2011/LD-00116 Lot 2 DP713122 214 BATTLES OUTLET ROAD DONDINGALONG

DWELLING ALTERATIONS & ADDITIONS AND DETACHED CARPORT

Applicant: YERBURY C & K

2011/LD-00118 Lot 102 DP241217 3 WONGARL AVENUE SOUTH WEST ROCKS

DWELLING ALTERATIONS & ADDITIONS

Applicant: OSBORNE C & LAVERACK N

2011/LD-00119 Lot 1 DP995944 2-10 EDGAR STREET FREDERICKTON

ATTACHED CARPORT TO EXISTING SHED

Applicant: CLARKE S & D

2011/LD-00121 Lot 251 DP1100539 165 SMITH STREET KEMPSEY

REPLACE EXISTING ADVERTISING SIGN

Applicant: SHELL CO OF AUSTRALIA LTD

2011/LD-00122 Lot 2 DP1096461 9 TOZER STREET WEST KEMPSEY

DWELLING ALTERATIONS & ADDITIONS AND SHED

Applicant: MRS K L PEARSON


CARPORT


2011/LD-00129 Lot 122 DP1097510 16 ROSEDALE AVENUE SOUTH WEST

ROCKS

DWELLING

Applicant: MR M C FOTHERINGHAM

2011/LD-00130 Lot 25 DP758302 23 COMARA TERRACE CRESCENT HEAD


Applicant: MR W THOMPSON

2011/LD-00131 Lot 9 DP257359 13 LIONEL HOGAN CLOSE SOUTH WEST

ROCKS

ATTACHED GARAGE & FRONT FENCE

Applicant: MR T G BRYON

2009/LD-00291 REV01 Lot 12 DP1073515 229 SETTLERS WAY SOUTH KEMPSEY

DWELLING & ATTACHED CARPORT

Applicant: MR M F WORRALL

2011/LD-00135 Lot 19 DP977586 73 BELGRAVE STREET KEMPSEY

SHED AND DEMOLITION OF EXISTING SHEDS

Applicant: DENNIS PARTNERS


SWIMMING POOL



2011/LD-00138 Lot 7 DP17560 120 SOUTH WEST ROCKS ROAD HAMPDEN

HALL

SHED

Applicant: HAMPDENDALE PTY LTD

2011/LD-00139 Lot 3 DP803337 620 GOWINGS HILL ROAD DONDINGALONG

ADDITIONS - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER

Applicant: MR D B HUNTER

2011/LD-00145 Lot 30 DP730271 52 HORSE LANE KUNDABUNG

SWIMMING POOL - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER

Applicant: MS J R FOSTER

2006/LD-00466 REV02 Lot 7 DP737376 490 PACIFIC HIGHWAY SOUTH

KEMPSEY

EXHIBITION CENTRE & ASSOCIATED FACILITIES

Applicant: SCHREIBER HAMILTON ARCHITECTURE

2010/LD-00163 REV02 Lot A DP403927 2 SMITH STREET KEMPSEY

ADDITIONS & ALTERATIONS & CHANGE OF USE (STAGE 3)

Applicant: RANATAN PTY LTD

2011/LD-00091 REV01 Lot 1 DP516099 14-18 TOZER STREET WEST KEMPSEY

ALTERATIONS TO EXISTING COMMERCIAL PREMISES

Applicant: PAUL SMITH BUILDING DESIGN

2008/LD-00180 REV01 Lot 25 DP1071805 5 BEDE LAWRENCE CLOSE

FREDERICKTON

DWELLING

Applicant: G J GARDNER HOMES

2010/LD-00359 REV01 Lot 4 DP262433 1-5 REGINALD WARD STREET SOUTH

KEMPSEY

ADDITIONS & ALTERATIONS - LANGUAGE AND CULTURAL CENTRE

Applicant: MACLEAY VALLEY WORKPLACE LEARNING CENTRE

Type No Sub Value

Complying Development 3 3 173,500

Private Certifier (Complying Development) 1 1 52,000

Local Development 25 30 2,550,570

Complying SEPP 1 1 22,000

Integrated Development 3 3 55,000

Modification 6 6 -

There were 37 applications approved with a value of $2,853,070.

For the financial year to date there have been 427 approvals including 64

modifications approved, with 90.6% (387) approved within 30 days.

The 427 approvals (including 374 sub-applications) have a value of

$31,533,084.08.

There are 141 applications awaiting determination for the following reasons:

FURTHER DETAILS REQUIRED (FD) 65

FINAL REQUEST FOR INFO BEFORE REFUSAL (FR) 1

INCOMPLETE APPLICATION (IA) 14

REFERRAL TO OTHER AGENCIES (OA) 1


REFER TO RFS - INTEGRATED - MORE DETAILS (RFS3) 2

REFER TO RURAL FIRE SERVICE (LD) (RR) 2

Council Report on Construction Certificates Building

2011/CB-00065 Lot 2 DP100957 2 KOROGORA STREET CRESCENT HEAD


Applicant: MRS H NEATHERCOTE

2011/CB-00066 Lot 1 DP37215 132 BELGRAVE STREET KEMPSEY

ADDITIONS & ALTERATIONS TO WORKSHOP/SHOWROOM

Applicant: HALLRIGHT PTY LTD & SHANNON (PORT MACQUARIE) PTY

LTD

2011/CB-00068 Lot 5 DP540650 454 CRESCENT HEAD ROAD SOUTH KEMPSEY


Applicant: MR A J FIRKIN

2011/CB-00084 Lot 6 DP759080 39 LACHLAN STREET SOUTH KEMPSEY

ADDITIONS - AWNING

Applicant: DENNIS PARTNERS ENGINEERS

2011/CB-00090 Lot 6 DP224199 61 BROUGHTON STREET WEST KEMPSEY

GARAGE AND CARPORT

Applicant: MR J P CRILLEY

2011/CB-00092 Lot 1 SP35017 1/15 EMANUEL CRESCENT SOUTH WEST ROCKS

ATTACHED CARPORT

Applicant: MR C J BARNETT

2011/CB-00094 Lot 76 DP791311 97 OCEAN STREET SOUTH WEST ROCKS

ALTERATIONS AND ADDITIONS TO DWELLING

Applicant: BARRY C & B

2011/CB-00095 Lot 2 DP713122 214 BATTLES OUTLET ROAD DONDINGALONG

DWELLING ALTERATIONS & ADDITIONS AND DETACHED CARPORT

Applicant: YERBURY C & K

2011/CB-00096 Lot 102 DP241217 3 WONGARL AVENUE SOUTH WEST ROCKS

ALTERATIONS & ADDITIONS TO DWELLING

Applicant: OSBORNE C & LAVERACK N

2011/CB-00099 Lot 2 DP1096461 9 TOZER STREET WEST KEMPSEY

DWELLING ALTERATIONS & ADDITIONS AND SHED


2011/CB-00105 Lot 1 DP1096461 11 TOZER STREET WEST KEMPSEY

CARPORT


2011/CB-00108 Lot 1 DP873980 3 LORD STREET EAST KEMPSEY

GARAGE & STOREROOM - PRIVATE CERTIFIER

Applicant: MR I K BRENTON

2009/CB-00243 REV01 Lot 12 DP1073515 229 SETTLERS WAY SOUTH

KEMPSEY

DWELLING & ATTACHED CARPORT

Applicant: MR M F WORRALL


2011/CB-00111 Lot 7 DP17560 120 SOUTH WEST ROCKS ROAD HAMPDEN

HALL

SHED

Applicant: HAMPDENDALE PTY LTD

2011/CB-00112 Lot 3 DP803337 620 GOWINGS HILL ROAD DONDINGALONG

ADDITIONS - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER

Applicant: MR D B HUNTER

2011/CB-00113 Lot 25 DP1071805 5 BEDE LAWRENCE CLOSE FREDERICKTON

DWELLING AND SHED - PRIVATE CERTIFIER

Applicant: G J GARDNER HOMES

2011/CB-00115 Lot 11 DP1043314 11 MILTON DUFTY PLACE EAST KEMPSEY

DWELLING - PRIVATE CERTIFIER

Applicant: MR C T BERRIGAN

2011/CB-00118 Lot 30 DP730271 52 HORSE LANE KUNDABUNG

SWIMMING POOL - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER

Applicant: MS J R FOSTER

2011/CB-00119 Lot 1 DP37215 132 BELGRAVE STREET KEMPSEY

REPLACEMENT OF EXISTING TOYOTA SIGNAGE AND FREE-STANDING

PYLON

Applicant: CMC SIGNS

2011/CB-00051 REV01 Lot A DP403927 2 SMITH STREET KEMPSEY

ADDITIONS & ALTERATIONS & CHANGE OF USE - STAGE 3

Applicant: RANATAN PTY LTD

2011/CB-00121 Lot 25 DP758302 23 COMARA TERRACE CRESCENT HEAD


Applicant: MR W THOMPSON

2008/CB-00019 REV01 Lot 42 DP1009860 BELLE O'CONNOR STREET SOUTH

WEST ROCKS

DWELLING - MODIFICATION

Applicant: SHALLOW BAY DEVELOPMENTS PTY LTD

2011/CB-00126 Lot 2 DP45844 28 GORDON YOUNG DRIVE SOUTH WEST

ROCKS

ALTERATIONS & ADDITIONS TO MEDICAL CENTRE - PRIVATE

CERTIFIER

Applicant: TRIAL BAY FAMILY PRACTICE

There were 23 applications approved.

For the financial year to date there have been 329 approvals including 21

modifications approved, with 95.7% (315) approved within 30 days.

(Please note: This includes approvals by Private Certifiers).

STATE ENVIRONMENTAL PLANNING POLICY NO 1 – DEVELOPMENT

STANDARDS (SEPP 1) APPLICATIONS

In accordance with a Department of Planning direction, all applications determined

involving the use of SEPP 1 to vary any development standard are required to be


reported to Council for information.

During the preceding month there have been two applications approved which

involved the use of SEPP 1.

DA No.: T6-11-97

Subject Land: Lot 72 DP 1097505 and Lot 8 DP 23517 No 25 Herbert

Appleby Circuit and No 323 Gregory Street, South West

Rocks


Zoning: 2(a)

Instrument: KLEP 1987 Clause 16(1)(d)

Variation: 1.5% (493m2 ha in 500m2 minimum)

Determined: Approved. Assumed concurrence from Department of

Planning under Planning Circular B1 – as variation is less

than 10% then can be determined under delegated

authority.

Justification of Variation

1 Consistent with objectives of the zone 2 No additional lot or entitlements created

3 Both lots have existing dwellings – no change proposed

4 Minimal variation (only 1.5%)

5 Match existing boundaries on adjoining properties and existing fence

on property

DA No.: T6-10-443

Subject Land: Lot 16 DP 243816 No 45 Arthur Street, South West Rocks

Description: Proposed Multiple Dwellings and Subdivision

Zoning: 2(a)

Instrument: KLEP 1987 Clause 11.2 – Minimum Lot Sizes

Variation: Lot 1 = 50% Lot 2 = 41%

Determined: Approved by Council at its meeting of 17 May 2011

Justification of Variation

1 The underlying objective of Clause 16(1)(d) is to ensure that there is

sufficient area on each subdivided lot to construct an appropriate

dwelling in the future. This standard is required as dwellings are not

usually approved at the same time as a subdivision.

In this case the application also includes multiple dwellings whereby

it has been demonstrated that all relevant development standards

have been satisfied. It is recommended that a condition of consent

be imposed requiring both dwellings to be constructed prior to the

issue of a subdivision certificate, which will ensure that the

underlying objective of the standard is satisfied.

2 The proposed variation is consistent with existing pattern of

development in the area.

3 The proposed variation to Clause 16(1)(d) would not hinder the

attainment of the aims and objectives of the KLEP.

4 The proposed variation to Clause 16(1)(d) will not set an undesirable

precedent for the reasons given above and in the body of this report.


Nil

Proposed Removal of Telstra Public Payphone – Hat Head Reserve

File: 106

Council has received notice of a proposed removal of the existing payphone from

within the Hat Head Reserve. Telstra have sighted the costs of repairing vandalism

and the incidents of vandalism as the reasons for the proposed removal. Telstra

noted the Hat Head area has two other alternatives with the closest alternative

approximately 420 metres away from this site.

Telstra will now commence a public consultation process by placing a sticker-notice

on the payphone proposed to be removed. Council has initially responded to Telstra

acknowledging their responsibility to manage their infrastructure and noting

Council‟s opposition to removal of the payphone on the basis that the distance to

the nearest alternative point of service is considered excessive and considering its

proximity to the beach access, the site is ideally placed to provide access to

emergency services. Council has requested a copy of the outcomes of Telstra‟s

community consultation for further consideration prior to removal of the service.

COMMUNITY DEVELOPMENT OFFICER - ABORIGINAL

Reconciliation Week Morning Tea

To celebrate Reconciliation Week, Kempsey Shire Council in partnership with

Kempsey Aboriginal Lands Council and CentreLink, hosted a morning tea in the

Council Chambers on 1 June.

Over 40 people attended the event and enjoyed the company of old and new

friends. Local organisations and individuals were presented with certificates for their

contribution to reconciliation in the Macleay Valley.

A special thanks is extended to Bob Smith and Councillor Jenny Sproule whose

heartfelt speeches contributed to making the occasion a unique event.

Community Consultations

The following projects/events/advertisements have contributed to Council‟s ongoing

commitment to community consultations during the months of May and June:

Director Community Engagement was the guest speaker at the Chamber of

Commerce dinner in May.

Information Stand at Kempsey Show 10-11 May.

Liaised with the Stuarts Point community in relation to the proposed wind

turbine.

2.2 Ongoing Actions Report


GOAL 2 To Foster and Enhance Effective Social, Cultural and

Community Relations Building Respect and Civic Pride


Liaised with the Stuarts Point community in relation to the Men‟s Shed Group

and its lease with Council at the Stuarts Point Waste Transfer Station.

Advertising of the proposed toilets at Horseshoe Bay (including correspondence

to stakeholders and posters at South West Rocks).

Advertising the proposed closure of the Greenhill Park at Alverton Street

(included correspondence to stakeholders and posters).

Reconciliation morning tea held at Council, in partnership with the Kempsey

Local Aboriginal Lands Council and CentreLink.

Public meeting at Willawarrin in relation to the continued care and maintenance

of the Tennis Courts.

Meeting with user groups concerning the Willawarrin Rodeo Grounds.

CRIME PREVENTION

Meetings attended:

Council‟s Community Safety Project Officer attended meetings with:

Domestic Violence Monitoring Committee

CDAT – Community Drug Action Team

Community Safety Precinct Committee

Dunghutti Community Justice Group

RRISK – Reduce Risk Increase Students Knowledge

Community Safety Summit.

Community Safety Summit

Council has formed a partnership with Kempsey Chamber of Commerce and NSW

Police to organise a Community Safety Summit for residents of Kempsey Shire. The

rationale for the summit is to bring together representatives from the numerous

small community precincts that have formed in a forum that will provide positive

information and ideas for these groups to use in their future planning. The intention

is to expand the groups into vehicles that build community spirit, pride and

responsibility thereby reducing crime and anti social behaviour from the ground up.

This will be held at Kempsey RSL Club on Monday 26 September 2011.

Strategies to reduce antisocial behaviour

Council has began the process under Ministerial Guidelines to make Council‟s Day

Visit areas within the Shire alcohol prohibited on certain public holidays such as

New Years Eve, Boxing Day and Australia Day. This is one strategy that is intended

to be rolled out to combat antisocial behaviour in public spaces.

Steele Park update

The fence at Steel Park has now been removed and a 1.2 metre fence has been

erected to prevent young children from running onto the road. It is also intended to

fill the old playground area with concrete so that a road safety area can be created.

Community Safety and Crime Prevention Plan update

Council has now been informed that the Community Safety and Crime Prevention

Plan has been forwarded onto the various Ministers for approval, this process

usually takes approximately 6 weeks.

YOUTH SERVICES

Active Youth Workshop

On 3 May, the Active Youth Workshop was held at the Kempsey Macleay RSL. The

event was hosted by Tracy Gibb, Senior Project Officer of Sport and Recreation,

Communities NSW and Kempsey Shire Council Youth Development Officer- Melissa

Wright.


The free workshop was targeted at youth workers of the Kempsey Shire to promote

sport and recreation within the community. The workshop was designed to inspire

Youth Workers, and inform them of how to introduce sport to the young people that

they work with.

The workshop was a great success and it was evident through the evaluations

conducted on the day that the participants gained a greater understanding of how

Sport and Recreation can benefit their community.

Art Start Assessment

On 10 May, Council‟s Youth Development Officer, Missy Wright, met with 6 other

Youth Development Officers and various youth delegates to assess different grant

applications for surrounding Local Government Area‟s. The Kempsey Shire has been

awarded $3000 to create a program relating to Arts and or culture.

Traditional Indigenous Games Training

On 16 May, Traditional Indigenous Games (TIG) training was held at the Youth

Access Centre located on 132 River Street, West Kempsey. Over 15 people

attended this training and these participants hope to assist in NAIDOC week

celebrations.

TIG gala days are being held at Kempsey High School, Kempsey West and Melville

High School. These days encourage families to come together in a fun and

interactive setting.

Midnight Basketball

Starting on 20 May, the Council‟s Youth Development Officer began attending

Midnight Basketball at Kempsey PCYC. This program is a great way for young

people in the community to meet other people, have fun in a safe environment, and

play in team sports.

SERVICE DELIVERY

RECENT GRANT APPLICATIONS

DOHA - HEALTHY COMMUNITIES INITIATIVE PHASE 2 (CLOSED 18 FEBRUARY

2011)

The Australian Government through the Department of Health and Ageing is

providing up to $71.8 million from July 2009 to June 2013 to support Local

Government Areas in delivering effective community based physical activity and

healthy eating programs as well as developing a range of policies to support

healthy lifestyle behaviours. The Healthy Communities Initiative aims to reduce the

prevalence of overweight and obesity within the target population of participating

communities by maximising the number of people, predominately not in the paid

workforce, who are engaged in proven or innovative physical activity and healthy

eating programs.

Council has received notification that its applications for funding as part of Phase 2

of the Healthy Communities Initiative Local Government Area Grants submitted in

February 2011 has been recommended for one of the eight grants available in

NSW. $703,607 (GST exclusive) will be made available to the Council over a period

of 25months (June 2011- June 2013) subject to successful negotiation of the

funding agreement. There is currently an embargo in place preventing the Council

from commenting on its status as a recommended grant recipient until the Minister

of Health and Ageing has made a formal announcement. This announcement is

expected to occur in mid June.


The Councils grant submission proposed to:

Deliver exercise programs and equipment, including the establishment of

outdoor fitness equipment within the shire.

Deliver lifestyle modification programs such as HEAL, BEAT IT and Heartmoves.

Introduce new and exciting exercises for older community members.

Encourage healthy eating by offering access to existing and introduction of new

community gardens.

Provide training for health services staff in healthy shopping and healthy

eating.

Encourage Lifestyle Modification/Improving Community Connectedness through

the delivery of community events.

A draft implementation plan is required to be submitted to the Department of

Health and Ageing by the 1 September 2011.

MACLEAY VALLEY COMMUNITIES FOR CHILDREN PLUS (CLOSED 27 May 2011)

The Macleay Valley Communities for Children Plus Funds are provided through The

Benevolent Society to support projects that deliver positive and sustainable

outcomes for at risk children and families in the Kempsey Local government Area.

The Council has applied for $63,000 in funding over two years for the Library to

deliver a range of literacy experiences through visits by various qualified,

experienced story-tellers and a puppeteer to pre-schools, playgroups, kindergartens

child care centres, the Kempsey Family Community Centre and the Kempsey

Women's Refuge. The performers' main brief will be to entertain, to talk about

reading and books, and to encourage the attending carers to read, talk, sing and

generally communicate with their children. Library membership will also be

promoted and library activities and children's services highlighted. For those outside

the pre-school network, the benefits of attendance at pre-school will be highlighted

as well.

The successful grants are expected to be announced in early July.

VISITOR INFORMATION CENTRE

This month the Accredited Visitor Information Centres Statistic Report has been

released for the period July – December 2010. It has visitor numbers, email and

phone enquiry numbers for the accredited centres as well as a break down for the

different levels of accreditation which the Kempsey Visitor Information Centre is a

Level 2 and the South West Visitor Information Centre is a Level 3. The Kempsey

Visitor Information Centre is not a Level 1 Centre as the operating hours do not

meet the requirements, but all other standards have been met.

MACLEAY COMMUNITY CARE OPTIONS

MCCO staff presented information session at Probus to during May to explain what

services MCCO provides along updating Probus of changes that are occurring within

the Aged Care sector.

Ten staff will be commencing their Certificate IV in Aged Care Nursing as of the 15th

June through a Federal government learning initiative.

MCCO has received an additional $11,000 in funding from the NSW Department of

Health to carry the Compacks program through to the end of the financial year.

This extra funding was requested as this programme was almost at capacity.


CUSTOMER SERVICES

Telephone Statistics

May 2010 the average call wait time was 19 seconds

May 2011 the average call wait time was 19 seconds

May 2010 the maximum call wait time was 8.30 minutes

May 2011 the maximum call wait time was 6.13 minutes

May 2010 the average talk time was 2.42 minutes

May 2011 the average talk time was 2.36 minutes

Customer Service Survey

849 customer requests were received during May. 59 customers were contacted

during May in regards to their recent request. 23 customers were either not

available or not willing to participate in the survey. Of the 36 customers willing to

participate 10 were unsatisfied with the response from council, 2 were satisfied, 14

were very satisfied and 10 were extremely satisfied.

0

2

4

6

8

10

12

Average call time Maximum call wait time Average talk time

CALL HANDLING

Mar-10

Mar-11

Apr-10

Apr-11

May-10

May-11

0

5

10

15

20

25

30

35

40N

U

M

B

E

R

O

F

S

U

R

V

E

Y

S

SURVEY RESPONSE

COUNCIL SERVICEMarch Survey Results

March -Unsatisfied/Satisfied April Survey Results

April Unsatisfied/ Satisfied May Survey Results


LIBRARY ACTIVITIES

Activities held in May

Saving Power Kits provided by the NSW Government Department of Environment,

Climate Change and Water were launched on 10 May. 24 people attended the

launch presented by energy expert Mark Walker. The kits are proving to be very

popular with all kits currently out in circulation.

Library staff attended a 2 day workshop on the use of electronic technologies in

libraries to keep up to date with the latest innovations and changes.

Law Week - local solicitor Chris Cooney spoke to 17 people about probate and wills

and Angie had a display stall outside the library with information to hand out. Many

people had not realised that the library has such comprehensive legal information

available.

Baby bounce and story-time sessions at Kempsey and Stuarts Point had 18

attendees.

PLANNED ACTIVITIES

Cultural Plan

NAIDOC Week 2011

Mr NAIDOC is the planned event in partnership with CentreLink, Central West

Community College, Community Transport and CentreLink. The night will be on the

9 July at Kempsey Showground from 5.30pm to 11.30pm with a two course meal

with light entertainment (Mr NAIDOC). The meal will cost $25.00 per head with

$5.00 going to Kempsey Hospital Renal Unit for their extension on this unit.

Art exhibitions

The following activities are currently underway at the Macleay Valley Community

Art Gallery:

Ken Robb is currently exhibiting at the gallery.

The gallery space is being used for “Living Smart” workshops each Wednesday

for six weeks.

Planning is underway for the Waste into Art schools competition and the

Kempsey Shire Art Prize 2011.

The following exhibitions are planned for July at the Macleay Valley Community Art

Gallery:

„Kempsey Shire Art Prize‟ 2011 from 3-17 July. The opening and prize giving

will be Sunday 3 July.

„Natural Beauty‟ by Rachel McKiernan and Sue Addison from 19-31 July. The

exhibition has paintings, mixed media, works on paper and handmade

jewellery.

In celebration of volunteers week, on Friday 28 May Macleay Valley Community Art

Gallery volunteers (11) visited the Glasshouse Gallery in Port Macquarie for an

artist‟s talk and tour of the gallery. The day was very successful. Many expressed a

desire to attend other functions at the Glasshouse as a group.

Library Activities

2 June – Children‟s Performance “Mr Badger” at Kempsey and South West

Rocks Library.

7 June – Dr James Thomas (Mr Jim) presents „Ready to Read‟ workshop at

Kempsey Library.


8 June - Dr James Thomas (Mr Jim) presents „Itsy Bitsy Babies‟ language

program at Kempsey Library.

8 June - Dr James Thomas (Mr Jim) presents „Ready to Read‟ workshop at

South West Rocks CWA Hall.

14 June – Baby Bounce at Kempsey Library.

24 June – Story time at Kempsey Library.

SUMMARY

To assist Police in reducing the high number of incidences of anti social behaviour

on specific dates such as Boxing Day, New Years Eve and Australia Day it is

intended to make Council day visit areas totally alcohol prohibited during this time.

1 That Council establish 24 hour alcohol prohibited areas on New Year‟s

Eve, Boxing Day and Australia Day for the following day visit reserves:

1 Yakka Watson Park, Smithtown

2 Pioneer Park, Gladstone

3 Grassy Head Day Visit Area, Grassy Head Caravan Park

4 Hat Head Day Visit Area, Hat Head Caravan Park

5 Rotary Park, Jerseyville

6 Chappell Park, Kempsey

7 Riverside Park, Smithtown

8 Stuarts Point Day Visit Area, Stuarts Point Caravan Park

9 Willawarrin Rodeo Ground, Willawarrin

10 Crescent Head Day Visit Area, Crescent Head Caravan Park

11 Horseshoe Bay Day Visit Area, South West Rocks

12 Baker Drive Reserve, Crescent Head

13 Blackbird Flat Camping Ground, Blackbird Flat

14 Memorial Park, Gladstone

2 That Council amends the Consumption of Alcohol on Public Reserves

Policy (CPOL-5) to reflect 24 hour prohibited areas on New Year‟s Eve,

Boxing Day and Australia Day.


Environmental: Minimum environmental impact as existing signage is in place.

Social: Anti-social behaviour related to the consumption of alcohol has an ever-

increasing impact on the community. The implementations of alcohol prohibited

areas are one tool that assists in addressing anti-social behaviour.

Economic (Financial): The financial implication of establishing these areas is

estimated at $1000. This cost covers the cost of purchasing stickers for existing

signage as well as installation costs.

Policy or statutory: The Department of Local Government has issued new

Ministerial Guidelines for the provision of Alcohol Prohibited Areas. This process is

RECOMMENDATION

2.2.1 Alcohol Prohibited Areas File: 744 {Folio No. *}


being undertaken in accordance with these guidelines including a request from

Council to commence the process to implement.

REPORT DETAILS

Over the past two years NSW Police have experienced high instances of anti social

behaviour and crime on certain public holidays in Council‟s Day Visit Areas.

To combat and reduce these incidences Council intends to commence a total alcohol

ban on all timed areas on specific public holidays such as Boxing Day, New Years

Eve and Australia Day.

Council‟s Consumption of Alcohol Policy will also need to be amended to reflect

these changes.

Consumption and taking of alcohol into any public reserve in Kempsey Shire is

prohibited between 7pm and 11am excluding New Years Eve, Boxing Day and

Australia Day where a total alcohol ban is in place.

Current designated day visit areas are:

1 Yakka Watson Park, Frederickton

2 Pioneer Park, Gladstone

3 Grassy Head Day Visit Area, Grassy Head Caravan Park

4 Hat Head Day Visit Area, Hat Head Caravan Park

5 Rotary Park, Jerseyville

6 Chappell Park, Kempsey

7 Riverside Park, Smithtown

8 Stuarts Point Day Visit Area, Stuarts Point Caravan Park

9 Willawarrin Rodeo Ground, Willawarrin

10 Crescent Head Day Visit Area, Crescent Head Caravan Park

11 Horseshoe Bay Day Visit Area, South West Rocks

12 Baker Drive Reserve, Crescent Head

13 Blackbird Flat Camping Ground, Blackbird Flat

14 Memorial Park, Gladstone

SUMMARY

Reporting on the Australian Anglers Championships to be held at South West Rocks

26 July to 11 August 2011.

That Council supports the event and contributes $200.00 to be highlighted

as a key sponsor in the championship‟s published program.


Environmental, Policy or statutory: Nil

Social: The event will increase visitors to the area during the winter off peak

RECOMMENDATION

2.2.2 Australian Anglers Association 32nd National Angling Championships

26 July – 11 August 2011, South West Rocks



season.

Economic (Financial): Council has been requested to host an official opening

ceremony of the event for the club captains, approximately 40 people, which will

be funded through the Civic Function budget provisions. A further $200.00 funded

from the donations budget to become a named sponsor of the event within the

championship programme.

REPORT DETAILS

The NSW Fishing Clubs‟ Association secured the hosting of the Australian Anglers

Association National Angling Championships which is expected to attract over 300

competitors from around the country. Many of these competitors will be

accompanied by family members. Expect total visitors to the area is expected to

exceed 500 people.

This event will derive a positive economic impact for the community during the

winter season.

SUMMARY

Reporting on the need to determine the future management committee of the

Willawarrin Tennis Court Facility.

1 That the following individuals form a 355 Committee hereby known as

the Willawarrin Tennis Court Facility Committee:

Marion Maclean

Gary Kneebone

Paul Gelland

Bronwyn Kuilder

Kylie McDonald

Jacqui Brown

Veronica Bartley

Dave Hancott

Debbie Rudder

Barry Radford

2 That the delegation given to the newly formed Willawarrin Tennis

Court Facility Committee is to manage the tennis court and associated

club house.

3 That a letter of appreciation be forwarded to the previous 355

Committee for their commitment to this facility over the past 34 years.


Environmental, Economic (Financial): Nil

RECOMMENDATION

2.2.3 Willawarrin Tennis Court Facility File: 433 Copy: 364 {Folio No. *}


Social: The social implication of this report is that the much loved recreational

space of the Willawarrin Tennis Court continues to be available to residents of

Willawarrin and the surrounds.

Policy or statutory: The Local Government Act stats that a function of council

may, be exercised by a committee of the Council.

REPORT DETAILS

Since 13 July 1987, the Willawarrin Tennis Club under Council‟s 355 Committee

Status undertook the care, control and management of the Willawarrin Tennis Court

Facility.

Over the years the management committee has been reduced to four members

with competition tennis no longer being played at the Willawarrin facility.

In March 2011, Council was approached by the remaining club members indicating

that they were no longer able to fulfil their 355 Committee duties in the care,

control and management of the facility.

A public meeting was called and held on Friday, 6 May 2011 asking the public for

interested people to form a new committee for the future management of the

Willawarrin Tennis Court Facility.

The public meeting held saw 10 interested members of the community with three of

the four retiring members attending.

At the public meeting a petition of 55 signatures was also received in support of the

Willawarrin Tennis Court. The petition advised that “the Upper Macleay residents

support and use the Willawarrin Tennis Court. They have already lost lighting for

the court and are adamantly against its possible closure.”

Individuals wishing to nominate for the new management committee were invited

to lodge their request by Friday 27 May 2011.

Nominations were received from the following people to form the new committee:

Marion Maclean

Gary Kneebone

Paul Gelland

Bronwyn Kuilder

Kylie McDonald

Jacqui Brown

Veronica Bartley

Dave Hancott

Debbie Rudder

Barry Radford

Council is now requested to ratify that the above individuals now form the

Willawarrin Tennis Court Facility Committee as a 355 Committee of Council.

SUMMARY

2.2.4 Affixing Council Seal – Service Agreement File: 389 {Folio No. *}


Reporting on the need to affix Council‟s seal to the Service Agreement between

NSW Human Services and Kempsey Shire Council.

That Council‟s seal be affixed to the NSW Department of Human Services

document titled “Service Agreement” for the positions of Community

Development Officer – Aboriginal and Strengthening Communities Position

and any other documentation related to these two positions in accordance

with the funding terms of the agreement.


Environmental, Policy or statutory: Nil

Social: The social implications of this report is that without the funding received

from Human Services, Council would not be able to provide the Community

Development Officer – Aboriginal and Community Project Officers positions which

provide benefit to the people of the Macleay Valley.

Economic (Financial): Council receives one year funding of $57,301.00 for the

Community Development Officer – Aboriginal position and $11,377.00 yearly

payment for three years for the Community Projects Officer position up until 30

June 2013.

REPORT DETAILS

Affixing of Council Seal

Under the Service Agreement provided by the Department of Human Services it is

requested that the common seal of Council be affixed and the agreement signed.

The Local Government (Meetings) Regulation requires Council to authorise the

affixing of the Council seal to any document.


Management Plan.

3 6 7 0 01 3 71 0 00

10

20

30

40

50

60

70

80

0

1

2

3

4

5

6

7

8



2.3 Specific Projects Action Report

RECOMMENDATION


Wigay Aboriginal Cultural Park options and the development of a Plan of

Management for ongoing use and maintenance. Corrective Services (MNCCC)

unable to provide labour services. Alternative programs will require supervision.

Consider 355 committee to undertake works. Referred to DALMA. Currently

unfunded. [Q3, 17 May 2011]

Alcohol Free Zone – Kempsey Shire, report submitted to June 2011 meeting.

[NOM1, 17 May 2011, (2011.214)]

Donations to the Victorian Fire Appeal in 2009 and the Queensland Flood

Appeal this year. Victorian Fire Appeal - Coffs Harbour City Council has advised

that the money is being held in trust to build a Performing Arts Centre. The

Centre requires approval from the Victorian Minister for Planning. Once Coffs

Harbour Council is notified that the Minister has approved the Centre they will

notify our Council. [MM4, 17 May 2011, (2011.204)]

Aprilla Monster Youth Voice Festival – letters of congratulations have been sent

to Council‟s Youth Worker and all others involved. [2.2.1, 17 May 2011,

(2011.222)]

South Kempsey Project – Urban Design and Social Planning Services. Funding

contract has had Council seal affixed and been given to Dept Families, Housing,

Community Services and Indigenous Affairs. Letters of thanks for support have

been sent to Mr Mark Hewitt and Mr Phil Webber. Tender/Expressions of

Interest for Urban Design and Social Planning Services have been called.

[2.2.3, 17 May 2011, (2011.224)]

Clyde Street Mall Redevelopment – further consultation with business and

property owners will take place in the Mall on Monday 20 June 2011. [3.3.1, 17

May 2011, (2011.227)]

Rankine Street footpath, Crescent Head – plan is on public exhibition, meeting

scheduled for 27 June 2011. [3.3.2, 17 May 2011, (2011.228)]

Integrated Financial Plan has been placed on public exhibition until 16 June

2011. The document is available to view on Council‟s website, at the Customer

Service Centre, Council Libraries, Bellbrook General Store and Willawarrin Post

Office and General Store. [5.2.2, 17 May 2011, (2011.231)]

SUMMARY

A Notice of Motion was raised at Council‟s May 2011 meeting requesting that

investigations be undertaken into making the whole of Kempsey Shire Alcohol Free.

That the existing alcohol free zones are maintained in Kempsey Shire and

Council not pursue the proposal to implement a shire wide alcohol free

zone.


RECOMMENDATION

2.4.1 Investigations into having the whole of Kempsey Shire an

Alcohol Free Zone


2.4 Previous Resolutions Update


Environmental: Significant environmental impact as signage will need to be

erected every 500 metres to enable Police to enforce this zone.

Social: Anti-social behaviour related to the consumption of alcohol has an ever-

increasing impact on the community. The implementation of Alcohol Free Zones is

one tool that assists in addressing anti-social behaviour.

Economic (Financial): The financial implications of establishing a shire wide

alcohol free zone is estimated to be $134,760.00. This cost covers the purchase

and installation of new signs every 500 metres over the 1123 kilometre road

network. If additional ranger resources were required a further $240,000.00 per

annum would be required.

Policy or statutory: The Department of Local Government has issued Ministerial

Guidelines for the provision of Alcohol Free Zones. This process must be undertaken

in accordance with these guidelines including a request from Council to commence

the process to implement zones.

REPORT DETAILS

Alcohol Free Zones prohibit alcohol being consumed in designated public areas such

as public roads, footpaths or public car parks.

A proposal to establish an alcohol free zone must in all cases be supported by

evidence that the public‟s use of these roads, footpaths or car parks have been

compromised by street drinking.

As per the Department of Local Government Ministerial Guidelines:

“Generally, an alcohol free zone should be as small as possible and must

only extend to areas which can be supported by reasons. However larger

alcohol free zones sometimes known as „whole town‟ alcohol free zones

may be effective in some rural and remote towns where they are

supported by all stakeholder groups in that community. There are legal

issues that need to be considered by council‟s when such „whole towns‟

are proposed, as some relevant areas of a town will not be public roads,

footpaths or car parks.

Large alcohol free zones need to be established in a way which is

complementary with public places signposted under section 632 of the

Local Government Act 1993.

It is not usually appropriate to establish an entire local government area,

or a substantial part of that area, as an alcohol free zone. Similarly, it

would usually be inappropriate to zone the greater part of a town,

suburb as alcohol free”.

Alcohol free zones should primarily be located adjacent to liquor outlets supplying

alcohol where drinkers congregate or a known hotspot.

Council must also undertake a consultation process under the Act and all

stakeholders must be in agreement before an alcohol free zone can be established.

Relevant parties to be consulted are:

Community Members

Community Groups

NSW Police

All Licensee‟s and secretaries of clubs


Any known Aboriginal groups

Due to legislation change there is no infringement issued for consuming alcohol in

alcohol free areas. Any person observed to be drinking in an alcohol free zone may

have their alcohol immediately seized and tipped out or otherwise disposed of.

The Local Area Command Police comments are:

“It is acknowledged that the success of this proposal is dependent on the

ability of our police being able to enforce such a declaration.

Firstly, the issue of declaring the whole Kempsey Shire 'Alcohol Free'

would in my opinion be unreasonable, and from a policing perspective,

simply not a scenario where police could emphatically guarantee

enforcement.

In addition, the responsibility of enforcing such declarations is one which

does not fall primarily on the shoulders of Police, and I would expect

that Council Rangers would have some responsibility for enforcement.

Given the large and diverse policing issues in the Kempsey Sector, the

concept of enforcing this proposal is not feasible. Police will (as always)

seek to address current reported and emerging crime trends in the

Kempsey Sector”.

The costs associated with implementing an Alcohol Free Shire, including signage,

advertising, consultation and ongoing maintenance is prohibitive. Comments

provided by the NSW Police indicate that policing these zones is not sustainable and

would be resource intensive and would redirect resources from other community

needs.

Council ranger services are not trained nor equipped to perform these duties and

additional ranger resources would be required if Council determined to proceed in

implementing a Shire wide Alcohol Free Zone. This would further increase costs of

implementation by another $240,000 per annum.

SUMMARY

Review of Council‟s previous resolution in relation to gaining community support for

a Council poll on a Shire Name Change at the 2012 Local Government elections.

That the matter of seeking support for a Council poll on a Name Change be

deferred until after the 2012 Local Government Elections.


Environmental, Social, Policy or statutory: Nil

RECOMMENDATION

2.4.2 Shire Name Change File: 129 {Folio No. *}


Economic (Financial): The NSW Electoral Commission has advised, the costing

for Kempsey Shire Council to hold a poll in conjunction with the 2012 LG election

would attract an additional cost of 15%.

Based on this comment and the total figures from the 2008 election (total cost

$134,000), the poll would have cost $20,220.

Allowing for CPI increases, $143,000 has been budgeted for the 2012 elections.

Using these figures, the absolute minimum that a poll would cost is $21,450.

This figure could be used as an estimate, however, it should be noted that the total

costs of the 2008 election had an increase of 60% from the 2004 elections.

REPORT DETAILS

At the ordinary meeting of Council on 10 November 2009, it was resolved:

“In view of the advice received from the Division of Local Government

that:

1 Council not proceed with a change of name for the Council at this

stage.

2 Twelve months before the 2012 Council elections, Council seeks

community support for a Council poll on a Name Change to be held

at that election, giving the community an estimated cost of

conducting the poll.”

Since the time this resolution was made (over eighteen months ago), Council has

reviewed the current financial position of Council and has identified a shortfall in

infrastructure funding of almost $9million.

Due to this shortfall in funding being identified (and subsequent community

consultation in relation to an extraordinary rate rise application for 2012/13

financial year) confirmation of this resolution is sought.

A full copy of the report is available at (Appendix A – Page CE1) for review.

If Council wishes to continue with seeking community support for a poll on a Name

Change, a budget for advertising will be required. The extent of this budget will

determine the level and method of adverting (including community consultation)

that can be undertaken.

SUMMARY

Reporting on a review of the 355 Committee status of the Kempsey Singers Inc.

That the Kempsey Singers Inc 355 Committee status be rescinded.

RECOMMENDATION

2.4.3 355 Status - Kempsey Singers


http://www.kempsey.nsw.gov.au/pdfsCnlMtgs/2011/cmeeting20110621/210611o-ce-appa.pdf



Environmental: Nil

Social: The Social implications of this report are that an important community

asset is being retained.

Economic (Financial): There are limited economic implications from this report.

Policy or statutory: The Local Government Act stats that a function of council

may, be exercised by a committee of the Council.

REPORT DETAILS

At Council‟s meeting of 15 February 2011 Council considered a report concerning

the Kempsey Eisteddfod Society and the implied status of a number of other

remaining committees no longer being considered as 355 Committees of Council.

Point 4 of the resolution recommended:-

“That a report be prepared for Councils consideration in relation to the

future status of the following 355 committees:

a) The Kempsey Country Music Heritage Week Committee

b) Kempsey District Silver Band

c) Kempsey Singers Inc – Bandbox Theatre Committee

d) Macleay River Historical Society”

A further report was considered by Council at its 19 April 2011 meeting however

the Kempsey Singers Inc was not considered at this meeting.

A review of the status of the Kempsey Singers Inc has now been undertaken.

Historical Background

As with all community buildings Council has provided 355 Committees to look after

these facilities.

Since 1971 the Kempsey Singers have had exclusive use of the Kempsey Bandbox

Theatre through lease agreements. As the exclusive tenant, Council in the early

1980‟s arranged for this committee to be appointed as a 355 Committee to assist

Council in the management of this facility.

On 8 November 1988 the Kempsey Singers became an incorporated Association.

When an association becomes incorporated it has its own legal identity separate

from its members, providing protection to members in legal transactions.

An incorporated association can:

enter into and enforce contracts, including the ability to hold, acquire and deal

with property

sue or be sued

continue regardless of changes to membership

Current Status

Kempsey Singers Inc have considered Council‟s request to either relinquish or

retain their 355 Committee Status.

After careful and due consideration of the requirements of both the retention and


relinquishing of the status, Kempsey Singers have decided to relinquish their

status.

The Kempsey Singers Inc has indicated that they still wish to operate from the

Kempsey Bandbox Theatre and as such a four year lease for the site is to be

prepared.

As an incorporated association they are a legal identity in its own right and are able

to enter into this lease arrangement.

This lease arrangement will allow the existing operations from this site to continue.


Customer service enquires (telephone) per annum

33,000 32,555

3,220 for May

Customer service enquiries at Customer First Centre per annum

10,000 12,127

1,210 for May

Customer abandoned calls per month Less than

5% 2.79%

Abandoned calls = 90 May 2010 was 7.72%

Customer enquiries resolved at first contact

70% 80.6%

Total = 4,330 Resolved = 3,491

Percentage of customer calls returned within 2 business days

85% 90.1%

Total = 356 Returned = 321

Exhibitions held at the Macleay Community Gallery per annum

13 22

2 for May

Hours of internet usage by the community at Council libraries

17,000 15,184

994 for May

Number of items borrowed from Council’s libraries annually

225,000 198,595

17,333 for May

Number of visitors to the libraries

153,000 131,589

12,859 for May

Number of functions including holiday activities at libraries annually

16 62

8 for May

Community consultations held per annum

30 51

10 for May

Number of participants in community consultations per annum

1,500 1,598

326 for May

Number of visitors to our Visitor Information Centres

55,000 52,001

4,085 for May. Lower than actual due to door counter not working for 2 days. Has now been fixed

Number of hourly DADHC funded services provided annually

21,500 26,291

Total hours for volunteers 77 for May

Number of clients assisted through the Department of Health and Ageing funding packages per annum

420 388

At any given time there are 35 packages available in the KSC

2.5 Performance indicators



Number of clients assisted through the NSW Health compacks program

108 322

17 current, 11 discharged, 3 assessed

Overall the budget did not change vastly from the previous period. What changes

were required were able to be offset by changes to other areas, retaining the

overall costs within the same net cost.


Operating Revenue

Cater for a Diverse Community

1,361,540 1,725,844 0 1,725,844 1,468,929

Encourage Community Pride and Self Esteem

10,000 10,000 0 10,000 7,302

Engage and Include all Sections of the Community

68,950 317,494 0 317,494 150,000

Embrace Cultural and Historic Heritage

94,380 131,743 0 131,743 100,919

Safe, Healthy, Inviting Environment

42,232 120,173 0 120,173 44,388

Direct Management 0 0 0 0 0

Total 1,577,102 2,305,254 0 2,305,254 1,771,538

Operating Expense


1,494,911 1,861,803 0 1,861,803 1,587,292


72,690 73,687 0 73,687 55,782


1,024,970 1,276,330 0 1,276,330 965,979


935,245 947,642 0 947,642 781,923


372,383 490,138 0 490,138 367,902


Total 4,445,549 5,174,105 0 5,174,105 4,199,208

-2,500

-2,000

-1,500

-1,000

-500

0

-1,000

0

1,000

2,000

3,000

4,000

5,000


Tho

usa

nd

s

Tho

usa

nd

s








Total Capital Revenue 0 406,390 0 406,390 397,778

Capital Projects


5,000 67,412 0 67,412 62,412


0 0 0 0 0


2,000 22,000 0 22,000 21,297


0 112,419 0 112,419 88,635


0 36,687 0 36,687 33,812


Total 10,500 242,018 0 242,018 207,361

Reserve Movements (13,020) 154,731 0 154,731 189,948

Loans 36,758 36,758 0 36,758 33,694

Depreciation Usage 523,300 523,300 0 523,300 479,691

Net Capital Movement 489,062 496,183 0 496,183 446,466

Net Cost of Goal (2,379,385) (2,372,668) 0 (2,372,668) (1,981,204)


Nil



Management Plan:

Description Change

date Previous

Information New Information Comment

Review of Waste Transfer Station Operation

12/8 Due March 2011 Due June 2011 Deferred due to resource constraints

South West Rocks Masterplan Works – Various Projects

12/8 N/A Due June 2011 80% complete. Further investigation into design issues in Paragon Avenue in progress

Crescent Head Town Improvement Works – Rankine Street Upgrade

12/8 N/A Due June 2011 Concept Design yet to be revised

Hat Head Town Improvements – Bridge Replacement

12/8 N/A Due June 2011 Structural Assessment of existing concrete substructure in progress

North Street – Pavement Strengthening

12/8 N/A Due February 2011

Complete

Neville Everson Street Reconstruction

12/8 N/A Due December 2011

Complete

West Kempsey Stormwater

12/8 N/A Due June 2011 Project revoted From 09/10

Flood Mitigation – Various Major Capital Replacements

12/8 N/A Due June 2011 Summer Island and Big Hill complete. Program being completed

Bellbrook Water Treatment Plant

12/8 N/A Due November 2010

Plant completed and commissioned (to be opened in 2011)

Macleay River Underboring – Belgrave Falls and Kempsey Railway Bridge

12/8/10 15/3/11

Due February 2011

Due 30 June 2011 Frederickton and Belgrave Falls bore complete, negotiations in progress for West Kempsey Railway Bridge

South West Rocks Sewerage Treatment Upgrade

12/8 N/A Due June 2011 Approaching practical completion

3.1 Summary of Previously Approved Variations

GOAL 3: To Plan and Fund the Shire‟s Infrastructure and Service Needs




New Information Comment

West Kempsey Sewerage Infiltration Studies

12/8 N/A Due June 2011 Project carried over From 09/10

Asset Management Plan - Transport Network Infrastructure – Roads Footpaths, Cycleways Bus Stops Signs, Medians and Guardrail/Fencing

9/11

1/2011

Due June 2011 Due August 2011 September 2011 October 2011

Due date deferred pending staff resource availability.

Asset Management Plan - Bridges

9/11 N/A Due March 2011 Due date deferred pending staff resource availability.

Asset Management Plan - Drainage (Urban Stormwater)

9/11 N/A Due December 2011

Due date deferred pending staff resource availability.

Broadcasting of Emergency Information during Disasters – Memorandum

of Understanding between the New South Wales Government and

Commercial Radio Australia

File: 202

Council received a copy of the Memorandum of Understanding (MoU) that has been

signed off in relation to the broadcasting of emergency management information

during disasters. The MoU formalises the commitment of the members of

Commercial Radio Australia to broadcasting information relating to flood emergency

events in a timely manner and places an obligation upon combat agencies to

provide timely, accurate and appropriate information to broadcasters during

emergencies. Further information is contained in (Appendix A – Page IS1).

Proposed Works on the Pacific Highway – Clybucca – Goulds Lane

File: 118

In addition to the information reported to the May Council meeting, Council is in

receipt of further advice from the Roads and Traffic Authority (RTA) regarding the

proposed road changes.

A sketch of the planned works issued for community consultation is contained in

(Appendix B – Page IS2). The works include the establishment of deceleration

and turning bays for access to Goulds Lane and the closure of access to Old Mill

Lane from the highway.

Watermain break – Gregory Street, South West Rocks

File: *

During May, Council‟s water supply staff faced the daunting task of responding to a

break in the 300 diameter main along Gregory Street adjacent to the Costa Rica

Motel at South West Rocks. The pipe broke releasing approximately 3 million litres


http://www.kempsey.nsw.gov.au/pdfsCnlMtgs/2011/cmeeting20110621/210611o-is-appa.pdf

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of water through adjoining properties, and disrupting water supplies to a large

proportion of residents in South West Rocks.

The main had no history of previous breaks and was considered to have a

reasonable remaining life.

Council‟s water supply crews worked through the night to restore water supplies to

South West Rocks and other crews were called in on the following days to clean up

the substantial damage caused to adjoining properties. Council was extremely

fortunate that the break was adjacent to the tennis courts of the motel as this

significantly reduced the impact upon immediate properties around the location of

the break. Had the break been 10 metres in either direction along the pipe there

would likely have been structural damage caused to the adjoining buildings.

Review of the site quickly identified the cause of the problem as being a small

section of rock which was left protruding from the bottom of the trench below the

water main when it was first constructed in the late 1970s. The section of rock over

time had left an indentation in the section of pipe which was effectively resting

upon it until this led to a catastrophic failure including the loss of a large segment

of the pipe section.

Photos of the site and pipe are contained in (Appendix C – Page IS3).

Waste and Sustainability Improvement Program


Council is required under the Waste and Sustainability Program (WASIP) to submit

proposed projects for approval and allocation of grant funds. The program is funded

from the waste levy paid by Council on all materials disposed of at the landfill.

The funding is limited to projects that demonstrate environmental improvements,

reductions in waste being generated or improved sustainability. Council staff have

reviewed the currently unfunded environmental projects which would eligible under

the grant program. The projects identified from this list suitable for funding includes

the completion of the walking trail and environmental restoration for Korogoro

Creek at Hat Head and the installation of a solar power system at Council‟s

Thompson Street Depot.

That Council proceed with applications under the Waste and Sustainability

Improvement Program (WASIP) for:

(i) Korogoro Creek restoration project;

(ii) Installation of solar power system at the Thompson Street Depot.

Concrete Culvert Condition – Queen Street, South Kempsey

File: *

Following the Council‟s Works Inspection on 6 June 2011, Council‟s engineering

staff inspected the condition of the Queen Street culvert particularly in relation to

the surface cracking that was evident at the time of Council‟s inspection.

The assessment concluded that the cracks appear to be relatively stable, they

present a minor hazard particularly to cyclists and there have been previous minor

RECOMMENDATION

http://www.kempsey.nsw.gov.au/pdfsCnlMtgs/2011/cmeeting20110621/210611o-is-appc.pdf


repairs undertaken in this area. Based upon this assessment, it was determined

that there is insufficient justification for immediate works and that the culvert

condition should be monitored and replacement of the culvert identified on Council‟s

unfunded works list for future consideration.

Queen Street was previously identified as a major link in conjunction with the

second river crossing project. If this project was to proceed then significant

upgrading of Queen Street including replacement of the culvert would be required.

Pacific Highway Upgrade – Kempsey Bypass File: 118

Naming of the Old Pacific Highway

Through the process of preparing detailed design for the works, Council has been

requested by the RTA to consider the naming of the old Pacific Highway which will

be replaced by the bypass.

This matter was discussed during the development of Council‟s Bypass Strategy

where it was identified that a suitable name would identify the area geographically,

be inclusive of all our communities and be consistent with future marketing

strategies. In this regard, the name that was suggested to be used was “The

Macleay Valley Way” which would apply to all of the unnamed sections of the

existing Pacific Highway between Kempsey and Frederickton and, ultimately with

future upgrading, from Kundabung to Eungai.

Prior to naming a geographical feature, Council is required to undertake public

consultation in accordance with the procedures set down by the Geographical

Names Board.

The existing named sections such as Lachlan, Lord and Smith Streets, Kempsey, as

well as Macleay Street, Frederickton, would remain unchanged.

That Council undertake public consultation regarding the proposed

renaming of the sections of the Pacific Highway replaced as the result of

successive highway upgrades with the suggestion that the road be named

“The Macleay Valley Way”.

Assets Handover

As announced by the government recently, the highway bypass of Kempsey has

been accelerated for completion by the end of 2013 and significant progress has

been made in this regard. As a result, the Roads and Traffic Authority (RTA) staff

involved in the project have indicated that the negotiations regarding the handover

of existing RTA assets to Council will commence in the near future. This will greatly

assist with identifying the areas of concern for Council with regard to the potential

liabilities and will prompt further detailed discussions.

Property Access – Pattersons Lane

Council is currently working with the Kempsey Bypass Alliance (KBA) and the RTA

towards resolution of an issue regarding property access from Pattersons Lane. In

constructing the new highway, the RTA has provided alternative local road access

to properties via Pattersons Lane. Pattersons Lane is identified as a Local Road

between Crescent Head Road and the approximate highway alignment, however, it

RECOMMENDATION


is recognised as not being maintained by Council. In this regard, Council has

alternative arrangements with a local business who have the responsibility to

maintain the road for their needs. The changes by the RTA affect the current status

quo and will require resolution. Council staff are currently arranging a joint meeting

between the KBA, RTA and affected property owners in order to resolve the matter

and if unsuccessful, representations will be made to the Local Member regarding

the matter.

Frederickton Boat Ramp

Council is yet to see updated design details on the Frederickton boat ramp,

however, it is understood that Council‟s concerns regarding the retention of the

existing concrete ramp section of the structure have been considered and taken

into account in the detailed design.

Frederickton Flood Levee

The KBA has recently convened meetings of the Flood Focus Group regarding the

proposed Frederickton flood levee. The latest modelling indicates that during

construction the impacts upon levels within the Frederickton area would be up to 60

mm during a 1 in 100 year event. This is further affected by the method of

construction for the major river bridge currently being proposed by Abigroup. The

method includes the construction of rock platforms out into the river and would

increase the flood levels by a further 20 mm during construction.

During construction the site will be susceptible to flood inundation as a short

section of the levee will not be able to be constructed until the road embankment

and drainage floodgate structure are effectively completed to permit the drainage

of impounded water. In the event of a flood warning, the KBA will install jersey kerb

barriers in the missing section of the levee which will provide protection up to

approximately a 1 in 20 event, however would be overtopped in a greater event.

SUMMARY

To consider imposing a load limit on the service road at the intersection of Elbow

and River Streets, West Kempsey.

That Council consults with the adjoining property owners regarding

imposing the recommended 20 tonne load limit upon the Elbow/River

Street service road.


Environmental: Nil

Social: Council has received numerous complaints regarding heavy vehicle

activities in this area, particularly traffic, noise, dust and vibration.

RECOMMENDATION

3.2.1 Elbow Street and River Street, West Kempsey – Testing of

Road Pavement on Service Road

File: R Elbow St {Folio No. *}


Economic (Financial): The costs of imposing a limit are considered minimal and

can be met from existing budgets.

Policy or Statutory: Council as the road authority has the right to impose a load

limit on a road where there is a concern that standard loads would exceed the

road‟s structural capacity.

REPORT DETAILS

Background

In 2010, Council‟s Local Traffic Committee considered a request to extend the

40km/hr speed zone in Elbow Street to a new location around the corner in River

Street.

The main concern was large gravel trucks from 2 River Street entering/exiting the

service road. Below is a photograph of the service road.

The Local Traffic Committee recommended no action be taken in regard to moving

the speed zone. However, Council resolved on 15 Feb 2011 (Item 2.2 of Local

Traffic Committee meeting):

(i) Install chevron warning signs on the corner in both directions plus

advisory speed signs.

(ii) Install 2 hour parking restricted to business hours (9am–5pm Mon-

Fri) on eastern side of service road.

(iii) That Council review the load capacity of the service road with a view

to determining a structural load limit if appropriate.

Items (i) and (ii) have been installed.

Benkelman Beam testing was carried out by Chandler Morrison Geotechnical Pty Ltd

on the service road to assess the condition of the pavement, by measuring

deflections under dynamic loading.


The test report recommends a truck load limit of 20T gross. The report also states

that the road pavement is on a sharp bend and will be subjected to “eccentric

loading, high edge loading and high slewing and scrubbing actions”. The report

concludes that the shearing effect induced by loading at pavement edge is more

likely to be the limiting factor in the remaining life of the road pavement, rather

than deflection performance.

As the road is accessed by heavy vehicles, a truck load limit of 20 Tonne gross is

considered appropriate as a maximum.

SUMMARY

To consider a proposal from Surf Life Saving Services to extend the previous

contract for a further 12 months for the provision of lifeguard services during the

summer swimming season at various beaches within the Shire.

That Council extend the previous contract with Surf Life Saving Services

Pty Ltd for the provision of lifeguard services at Council‟s beaches to

include the 2011/12 summer season.


Environmental, Social: Nil

Economic (Financial): The Draft Delivery Program 2011-2015 and Operational

Plan 2011-2012 which is currently on public exhibition contains an allocation for the

provision of lifeguard services and is sufficient to fund the proposed extension of

service into 2011/12.

Policy or Statutory: Council is obliged under the Local Government Act and

Tendering Regulations to call tenders for all works and services received greater

than $150,000 in value.

As the provision of lifeguard services over two or more years will exceed the

nominated value in the Act, Council has previously called and awarded tenders for

the provision of lifeguard services to Surf Life Saving Services Pty Ltd. It is now

proposed to grant a second variation to the contract period taking the total contract

length to five years. Any proposed extension beyond this time would require the

calling of fresh tenders.

The proposal submitted by Surf Life Saving Services Pty Ltd to extend the period of

the contract is consistent with the original contract and it is unlikely that the calling

of fresh tenders would provide a better outcome for Council at this time.

REPORT DETAILS

Background

RECOMMENDATION

3.2.2 Provision of Lifeguard Services for the 2011/12 Summer

Season

File 590 {Folio No. *}


This matter was last reported to Council on 14 September 2010 where Council

resolved to extend the original contract term (which finished in March 2010) for 12

months to include the 2010/11 summer season.

The original contract ran for three years and expired during March 2010. Council‟s

previous resolution effectively extended the contract until March 2011.

It is now proposed to extend the contract for a further 12 months bringing the total

contract length to five years with an effective end date of March 2012. Further

engagements would require the calling of new tenders beyond the proposed 2012

end date.

The proposed cost under the variation to extend the contract is $128,828.25. This

is consistent with the rates submitted in the contract and is an increase of 5% on

the previous year.

Surf Life Saving Services Pty Ltd have submitted their final report for the 2010/11

season which is contained within (Appendix D – Page IS5 – Part 2) for further

information. The report provides information regarding the number of first aid cases

attended to as well as the rescues and other preventative actions completed

throughout the season.

SUMMARY

A report in response to Mayoral Minute 6 raised at the Council meeting of 17 May

2011 in regard to a site for a Senior Citizens Centre at South West Rocks.

That the report be received.


Environmental, Social: Nil

Economic (Financial): Compensation, at market value, will be sought by the

Crown for the acquisition of Crown land for the purposes of a Senior Citizens

Centre. As the dimensions of land required for the Centre are unknown, an estimate

of compensation cannot be provided at this time.

Policy or Statutory: The acquisition of Crown land must be specifically resolved by

Council with the acquisition methodology and assessment of compensation being as

detailed in the Land Acquisition (Just Terms Compensation) Act 1991.

General Manager’s comment:

It is also considered that the site if not the best location for this type of facility. The

land including the reserves and nearby areas are used for various forms of

recreational use including sporting fields, skate parks, golf course, bowling greens,

and swimming pool. As there is limited land available it is considered that what land

RECOMMENDATION

3.2.3 Site for Senior Citizens Centre at South West Rocks File: LA21490 {Folio No. *}

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that is available should be retained for the original reserve purpose of recreation so

that as much as possible recreational facilities are clustered.

In the interim consideration should be given to discussions with the CWA and RSL

branches in South West Rocks regarding the optimal utilisation of those facilities. In

recent times both groups have indicated that their facilities are available for the

public to use and a need for increased community support to allow them to afford

to continue to provide the buildings. People seeking to have a senior citizens centre

could enter into an arrangement to utilise those facilities, thus increasing the usage

and sharing the cost of running the current buildings over a wider range of users.

Council should also investigate whether there is capacity within the South West

Rocks Country Club to facilitate activities planned or a senior citizens centre as it is

considered likely sharing the existing facility would lead to a lower cost to users

than having the fund the annual maintenance and replacement costs of an

additional building.

REPORT DETAILS

At the Council meeting of 17 May 2011, Mayoral Minute 6 required the General

Manager to report on the availability of an area of land identified by the South West

Rocks Senior Citizens Association Inc to allow appropriate representations to the

State Government.

The parcel of land identified, situated on Phillip Drive near to opposite the Country

Club, is part of a Crown Reserve (R82364) over which Council has been appointed

Trust Manager. The parcel of land identified is Lot 2 DP1032643. Crown Reserve

82364 consists of many more land parcels other than Lot 2 and has been set aside

for the purposes of public recreation. The use of part of Reserve 82364 for a Senior

Citizens Centre is not consistent with the reserved purpose.

There is a mechanism in the Crown Lands Act 1989 known as a “Part 3 Land

Assessment” which provides for the possibility of altering a reserve purpose. Part 3

Assessments also have other purposes such as determining the appropriateness of

the sale or the lease of Crown land.

The administrative processes involved and the assessment criteria of a “Part 3” are

rigorous. The Assessments are conducted by the State Government and involve

considerable work with outcomes that may not be favourable to the party that

initiated the request for the Assessment. It is noted that in 2003 Council sought a

Part 3 Assessment of Crown land off Gordon Young Drive which had been identified

for a number of uses, including an aged care facility. The outcome of that

particular Assessment was not conducive to such a facility.

Notwithstanding the matters that must be dealt with under a Part 3 Assessment,

Council is informed that correspondence from the then Minister for Lands, Tony

Kelly MLC, dated 26 March 2010, advised “that the provision of local community

facilities such as a Seniors Centre is the responsibility of the Local Council. In the

event Council requires part of the Crown estate for this purpose Council would be

required to either acquire the land or enter into an appropriate tenure from the

Crown. Any process involving the acquisition of Crown land would involve the

payment of compensation representative of the current market value of the land

being acquired.”

Given the foregoing, and acting on the basis that the Crown endorses the sale of

the land identified, it would appear that Council, if it wishes to pursue the use of

part Lot 2 DP1032643 for a Senior Citizens Centre, will need to fund at least the

land acquisition component of the project. On the basis that the size of the land

required has not been determined, an estimate of compensation cannot be provided

at this time. Compensation would be heavily dependent on the underlying zoning


of the land at the date of an acquisition with the applicability of the zoning to

permit the development of the Centre also a factor to be considered.

SUMMARY

Reporting on the findings of an energy audit of the Civic Centre complex.

That the energy saving recommendations be considered in future planning

and management at the Civic Centre.


Social, Policy or Statutory: Nil

Environmental: The report shows a number of energy saving initiatives could be

undertaken with various capital cost payback periods.

Economic (Financial): The level 2 energy audit was conducted by Energy Action

for a cost of $11,000. The budget provision was $30,000.

REPORT DETAILS

Council provided funding in the 2010-2011 budget for an energy audit. In

discussions with Council‟s Natural Resource Officer at the time it was decided to

arrange an audit of the main Civic Centre. This being our main site and high energy

user.

Energy Action conducted the onsite audit and submitted a written report of its

findings. The following is a summary of the findings:

The main energy source used at the Civic Centre is electricity. The total electricity

cost in year 2009/10 was estimated to be around $64,000. Total electricity

consumption for this period is approximately 345,000 kilo-watt hours. The annual

greenhouse gas emissions of the site in the year is 370 tonnes of carbon dioxide

equivalent.

The report was carried out as per the requirement of a level 2 energy audit with an

accuracy of +/- 20%.

The total site energy use breakdown was:

Air conditioning 62%

Lighting 22%

Office equipment 11%

Miscellaneous 5%

A number of potential savings opportunities were identified at the Civic Centre.

These are shown on the following table:

RECOMMENDATION

3.2.4 Civic Centre Energy Audit



Table 1- Summary of Energy Saving Recommendations

Recommendations Section Energy Saving (kWh Per Annum)

Cost Saving

(Per Annum)

Estimated Capital Cost

GMG Saving

(t CO2-e)

Simple Payback

(year)

Low cost opportunities

Energy awareness in office 6.2 1,139 $212 Nil 1.2 Instant

Adjust achieve room A/C setpoint

6.3 1,656 $331 Nil 1.8 Instant

Adjust office air conditioning set point temperature

6.3 9,488 $1,765 NH 10,2 Instant

Install motion sensor in meeting Room

6.6 2,430 $450 $800 2.6 1.8

Use efficient portable heater (per heater)

6.5 640 $128 $250 0.7 2.0

Mid to high cost opportunities

install a 10kW Solar PV - Small site

6.8 13,140 $7,900 $40,000 14.1 5.1

Install 25kVAR power factor correction unit

6.9 1,900 $1,900 $10,000 2.0 5.3

Capturing day light with Solatube - library (existing fitting/LED fitting)

610 17,700/8,100 3300/1500 22800 18.9/8.7 6.9/15.2

Capturing day light with Solatube - shire services (existing fitting/LED fitting)

6.10 26,000/13,000 4840/2420 40050 28/14 8.3/16.5

LED lighting - Library 6.7 14,520 $2,700 $31,300 15.5 11.5

LED lighting - Shire services 6.7 26,000 $4,800 $55,000 27.8 11.5

Install a 10kW Solar PV - Large site

6.8 13,140 $2,450 $40,000 14.1 16.3

Solar reflective painting - Library 6.11 4,125 767 16,250 4.4 21,2

Energy Performance Management Service

EPMS and 2 sub meters 6.1 up to 35,000 up to $4,900 $4,000 capital + $5,000 ongoing

annual cost

up to 37.5

The following suggestions are provided in the report on the above

recommendations:

Energy awareness in office

Setting computers to hibernate instead of screen saver

Switching monitors off during day if away from desk


Using laptops instead desktops as laptops use 20-40 watts but a desktop uses

100-200 watts

Print on both sides of paper

Adjust air-conditioning set point

Set temperature so as to reduce unnecessary heating and cooling

Council areas are generally set at 23 in summer and winter

An increase to 24 in summer would reduce energy consumption by 3%

A decrease to 22 in winter would also save 3% energy

Install motion sensors in meeting rooms

Meeting rooms and staff amenities areas are noted for lights being on all day

with no one using them

Installing sensors in Council Chambers area and staff amenities room

suggested

Install solar panel

Audit suggests solar project would only be viable if gross feed in tariff was

available and the Civic Centre does not meet criteria

Installation on a smaller site should be considered

With no feed in tariff the simple payback on capital cost would take 16 years

Install power factor correction unit

A power factor correction unit reduces demand charge and hence total energy

charge.

It must be installed close to the main metering room

Capital cost of $10,000 would have a payback in 5 years.

The report concluded by saying that the initiatives suggested require little capital

expenditure, but most will require more stringent control, monitoring and

supervision on electricity usage. The consultants were confident that a decrease in

consumption by 10% is achievable.


Management Plan:

3.3 Specific Projects Action Report



South West Rocks Masterplan Works


The draft South West Rocks Parking Study has been presented to the Local Traffic

Committee for consideration and endorsement. The Study includes a number of

recommendations for immediate and long term staged improvement of parking

capacity in South West Rocks. The report has been consulted with the Chamber of

Commerce and other key stakeholders. The second part of the report addressing

traffic matters will be prepared for the August Local Traffic Committee meeting.

The draft South West Rocks CBD Parking Study is contained in (Appendix E –

Page IS18 – Part 2, Part 3, Part 4).

That the draft South West Rocks CBD Parking Study be placed on public

exhibition with submissions called prior to final adoption by Council.

During the concept design phase for the rectification of drainage concerns in Ocean

Street, South West Rocks, Council identified that the construction of kerb and

gutter would be inconsistent with the heritage values of the adjoining properties.

The concept has been amended to include a channel and grate drain finished flush

with the road surface in order to overcome this concern. Detailed design is

progressing and the works are planned for construction during 2011/12 financial

year.

Work has not progressed on the resolution of pedestrian and paving issues in

Paragon Avenue or finalisation of the footpath upgrade design for Prince of Wales

Avenue. This is due to Council‟s resources being engaged in completing the

resolutions of Council regarding the Clyde Street Mall and the Rankine Street

upgrade. It is unlikely that any substantial progress will be achieved on these

designs until August 2011.

Macleay River Underboring – West Kempsey Railway Bridge

File: T2009-004

Council staff have recently met with the contractor, Arogen Pty Ltd, who has

confirmed the intention to return to site at the end of June 2011 in order to

commence completion of the underbore. Considering the condition of the existing

infrastructure, the recent refusal of Council‟s claim for underboring at Belgrave Falls

6 18 9 0 021 15 101 0 00

20

40

60

80

100

120

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15

20



RECOMMENDATION

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and the overall need to refurbish the footbridge, this work is considered a priority

for completion when the contractors become available.

South West Rocks Sewer Treatment Plan and Water Recycling Plant Project

File: 209 Copy: 1110

Council‟s contractor establishing the Water Recycling Plant has achieved a

significant milestone, with the works being accepted into practical completion

during June 2011. This follows a significant amount of time working through the

formal requirements of the contract and represents a good outcome for Council in

terms of the proven capability of the plant and the commencement of validation

testing in accordance with the risk management and licensing requirements.

However, there still remains a large number of outstanding defects that will require

repair by the contractor within the defects liability period which may result in

contractual issues arising at some point in time in the future.

Timber Bridge Replacement Program Update File: 680

Hayes Flat

Council‟s construction teams completed the replacement of Hayes Flat Bridge on

Five Day Creek Road. A photo of the completed culvert is contained in (Appendix

F – Page IS53).

Warbro Brook Road

The approaches to the new culvert were completed during May 2011 and the

culvert was re-opened to traffic. The new culvert is shown in Appendix F – Page

IS53).

Hat Head Bridge

Geotechnical investigations into the footing conditions and existing sub-structure of

Hat Head Road Bridge have been completed during June 2011 and it is likely the

concept design will be available during August 2011. Council is currently

investigating the options for replacement of the deck including the potential use of

lightweight composite materials as an alternative. It is likely replacement of this

bridge will occur during 2012.

Bellbrook Water Treatment Plant Update File: 1292

Council is planning to open the Bellbrook Water Treatment Plant on 25 June 2011.

The plant has been operating since successful commissioning of the plant in late

2010 and has been providing good quality water to the Bellbrook community. In

addition to the opening, Council was recently advised of a successful grant

application for reimbursement of the costs incurred by Council over recent years

associated with transporting water to the Bellbrook community via road when the

water quality was not within the Australian Drinking Water Guidelines.

Crescent Head Foreshore Footpath File: File: 153 Copy: 487

Construction has commenced on this project. The main concrete work will be

completed in June, with landscaping and signage improvements following. Photos of

the current progress are contained in (Appendix G – Page IS54).

Flood Mitigation – Guardrail Upgrades File:

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http://www.kempsey.nsw.gov.au/pdfsCnlMtgs/2011/cmeeting20110621/210611o-is-appg.pdf


Council has made progress under the subsidised maintenance scheme for

replacement/improvement of guardrails adjoining floodgate structures. The

program will result in improvements to many of Council‟s structures in terms of

safety and access. Photos of the improvement works are contained in (Appendix H

– Page IS55)

Wigay Park – Request for maintenance work – Mid North Coast

Correctional Centre File: 1027

Council previously resolved to seek support from the Mid North Correctional

Centre (MNCCC) for assistance with the ongoing maintenance of Wigay Park

following the planned withdrawal from the site by NSW TAFE. The request was

considered by the MNCCC and subsequently declined. The MNCCC has sighted

the limited availability of C2 classification inmates as the reason for not being in

a position to support Council‟s request.

Council has also written to the MNCCC suggesting the memorial garden in South

Kempsey Park as a site suitable for the inmate program. [NOM, 14 December

2010 (resolution No 2010.448)].

Removal of Banners – South Kempsey File: *

The old banners on various poles through South Kempsey have been removed.

The yellow bin in Elbow Street, West Kempsey, is planned for removal in the

near future.

Flood Repair Funding – 2009 Flood Events – Water Supply and

Sewerage

File: 1271, Copy: 1275 1291

As reported to the May 2011 meeting, Council had submitted a number of

claims under the Natural Disaster Relief and Recovery Arrangements (NDRRA)

program in relation to water supply and sewerage infrastructure affected as a

result of the 2009 flood events. Council has now received advice upon the

determination of the claims:

Claim Amount claimed Amount approved

Water/sewer restoration –

February 2009 $128,363 $77,963

April-May 2009 $3,443,007 $93,199

TOTAL $3,571,370 $171,162

The main item of difference between the claim and the approved amount relates

to refusal of the costs of underboring at Belgrave Falls to replace the watermain

crossing that was washed away during the May 2009 flood event.

The basis for refusal of this claim and other minor claims is that Council‟s water

supply and sewerage services are commercial activities of the Council and are

therefore not eligible for funding under the NDRRA program.

The net result of this will be that Council will have to fund the current costs

incurred in repairing the damaged infrastructure from water access and user

charges.

3.4 Previous Resolutions Updates

File: * {Folio No. *}

http://www.kempsey.nsw.gov.au/pdfsCnlMtgs/2011/cmeeting20110621/210611o-is-apph.pdf

http://www.kempsey.nsw.gov.au/pdfsCnlMtgs/2011/cmeeting20110621/210611o-is-apph.pdf


The original main was designed and constructed by the NSW Public Works

during the 1990s as part of the Country Towns Water Supply and Sewerage

Subsidy Program. [Item 3.4 Previous Resolution Updates, 19 April 2011].

Repair of Job‟s Cutting, Armidale Road, Comara

File: 1291 Copy: R Armidale Rd

Following the previous Council meeting, Council has written to the local Federal

Member seeking support for the further application of grant funding towards

Council‟s 30% proportion of the full repair. As detailed in the previous report,

Council‟s 30% represents the apportionment of the length of the cutting which

was not damaged during the flood event that is included in the total scope of

the repair works. [Item 3.2.1, 17 May 2011 (2011.226)].

Investigation into the Use of Temporary Flood Protection Devices

File: *

Council staff have investigated a number of flood barrier devices for a range of

applications. These include:

o The Pallet Barrier - portable temporary levee systems.

o The “Dutch Dam” – permanent fixed collapsible levee system.

o Portable “Flood Stop” barriers

o Portable “Water Gate” barriers

o The “Beaver” fortable levee system

o The “Floodgate” – expendable door guards

o The “Pedestrian Flood Door”

o The “WIPP” – water inflated flood barrier

o Geodesign Barriers (Pallet Barrier) – temporary levee system.

Details regarding the measures listed above are contained in (Appendix I –

Page IS56 – Part 2).

Also attached is the Floodplain Risk Management Guideline for

Temporary/Relocatable Flood Barriers. This guide provides a number of

recommendations to be considered when proposing these types of systems.

(Appendix J – Page IS68)

No detailed assessment has been undertaken and cost estimates are not

known for many of the options.

There is a definite opportunity for private properties in flood prone areas to

consider a number of the devices to be incorporated in their own flood

management systems. [Item DR2, 13 April 2010 (2011.127)].


Number of water main failures per year

40 26

There were 2 failures this month.

Number of sewer surcharges per year

90 31

There was only 1 sewer surcharges this month

Percentage of water and sewer supply failures will be responded to within two (2) hours of being reported.

90% 98.66% Water Accum Average

95.09% Sewer Accum average

100% achieved this month

93.33% achieved this month


http://www.kempsey.nsw.gov.au/pdfsCnlMtgs/2011/cmeeting20110621/210611o-is-appi-pt1.pdf



http://www.kempsey.nsw.gov.au/pdfsCnlMtgs/2011/cmeeting20110621/210611o-is-appj.pdf



Dangerous road hazards will be responded to within 5 working hours of being reported to Council

95% 100%

4 hazards were responded to this month

Percentage of Council maintained gravel roads graded at least once a year.

85% 63.39%

32.59 kilometres graded this month. This KPI is weather related

Percentage of blockages to Council’s drainage system likely to cause property damage cleared within 24 hours of reporting.

90% 100%

There were no blockages likely to cause property damage reported this month and cleared within 24 hours

Percentage of water quality analyses complying with ADWG

98% 99.12% Accum Average

307 tests complied out of the 307 taken

Percentage of effluent analyses complying with EPA licences

95% 95.53% Accum average

60 tests complied out of the 67 taken

Waste – quantity of material diverted from landfill (tonnes)

8,500 7,602

618 this month

Waste – Quantity of recyclable material as a percentage of total material going to landfill

60% 41.06%

35.6% this month

Number of hectares of public open space mowed.

1,442 hectares

102 hectares were mowed this month. This KPI is seasonal

Number of kilometres of roadside slashing.

3,500 km 2,884.23 km

198 km slashed this month. This KPI is seasonal


Operating Revenue

Provide Infrastructure and Services

0 0 0 0

Transport 1,603,220 3,467,966 3,467,966 1,963,214

Bridges 0 105,164 105,164 0

Pedestrian Facilities 0 0 0 0

Ancillary Facilities 153,000 153,000 153,000 90,063

Provide Infrastructure Services

6,977,121 6,983,553 6,983,553 6,339,844

Open Space and Recreation 59,830 47,390 47,390 44,741

-12-10-8-6-4-2024

-10

0

10

20

30

40


Mill

ion

s

Mill

ion

s







Water Services 14,949,960 14,762,150 14,762,150 13,375,864

Plan for Infrastructure and Services

2,805,867 2,998,208 2,998,208 2,209,564

Upgrade Infrastructure and Services

0 0 0 0

Have Current and Future Users Pay

0 0 0 0

Minimise Costs by seeking Funding

0 0 0 0

Direct Management Costs 0 0 0 0

Total 26,548,998 28,517,431 0 28,517,431 24,023,290

Operating Expense


674,750 715,250 715,250 586,340

Transport 8,621,883 10,215,975 10,215,975 7,477,664

Bridges 761,146 1,173,101 1,173,101 685,551

Pedestrian Facilities 47,884 139,784 139,784 102,202

Ancillary Facilities 630,862 722,691 722,691 596,674


5,844,957 6,115,251 6,115,251 4,752,197

Open Space and Recreation 3,759,116 3,810,656 3,810,656 3,219,701

Water Services 18,550,786 19,693,630 19,693,630 17,020,877


2,713,493 2,961,217 2,961,217 2,261,815


0 0 0 0

Have Current and Future Users Pay

0 0 0 0


0 0 0 0

Direct Management Costs 194,400 199,400 199,400 167,791

Total 41,799,277 45,746,955 0 45,746,955 36,870,812


Total Capital Revenue 1,248,402 4,648,113 4,648,113 923,575

Capital Projects


0 0 0 0

Transport 993,000 3,577,504 3,577,504 1,378,540

Bridges 0 1,046,479 1,046,479 837,968

Pedestrian Facilities 0 0 0 0

Ancillary Facilities 0 90,404 90,404 175


213,420 409,775 409,775 75,948

Open Space and Recreation 145,730 1,079,038 1,079,038 217,892

Water Services 11,457,520 12,716,977 12,716,977 5,546,090


145,000 1,779,134 1,779,134 293,292


0 0 0 0


Description Original Approved Adjust Revised YTD Actual Have Current and Future Users Pay

0 0 0 0


0 0 0 0

Direct Management Costs 0 0 0

Total 12,954,670 20,699,311 0 20,699,311 8,349,905

Reserve Movements (323,712) (3,941,812) (3,941,812) 263,101

Loans (5,239,893) (7,789,063) (7,789,063) (404,346)

Depreciation Usage 11,167,300 11,167,300 11,167,300 10,236,691

Net Capital Movement 5,024,637 6,846,977 0 6,846,977 2,951,606

Net Cost of Goal (10,225,642) (10,382,547) 0 (10,382,547) (9,895,916)


Nil



Management Plan:




Road Network Intervention Standards

31/10/10 Due date Aug 2010

Due date Mar 2011

Road Network Intervention Standards

17/5/11 Due date Mar 2011

No longer to be undertaken

Nil

SUMMARY

The annual conference which was held from Monday 30 May to Wednesday 1 June

2011 was attended by four councillors and the General Manager.



Environmental, Social, Policy or Statutory, Economic (Financial): Nil

REPORT DETAILS

The following are some of the aspects of the sessions and presentations that are

seen to be relevant to Kempsey Shire Council.

RECOMMENDATION

4.2.1 Shires Association of NSW - Annual Conference 2011



4.1 Summary of Previously Approved Variations

GOAL 4: To Pursue Beneficial Relationships with Regional Neighbours and Other Levels of Government


One Association Model: Discussion centred around the inclusion of provision

to retain a divisional structure. The final resolution was not to include a

divisional structure as a requirement from the Shire‟s Association as part of

the model for one association.

Premier (Hon Barry O‟Farrell MP)/Minister for Local Government (Hon Don

Page MP): Government is referring to this as the “decade of

decentralisation”. Will be changes to the membership of planning panels.

The membership will consist of two members from local government, two

members from State Government and a chair appointed by the State

Government in agreement with local government. The government will

remove the definition of councils as body politic, which will revert councils to

corporations. There will also be a review on the ability of councils to use

corporations to provide services. A reform funds (funding of $3.2 million)

was announced to assist 40 councils from group 3 of the Integrated Planning

Framework round with achieving the outcomes required under those plans.

The scheme to allow councils to borrow at 50% of the bond rate was also re-

announced. The government also advised that they are currently reviewing

the changes required to allow for councils to determine whether they wish to

run their own elections. A procedure document will be generated to ensure

that the process is seen as transparent by the community. They have also

commenced work on a new Inter-Governmental Agreement.

Local Government 2036: There will be the development of a “roadmap” to

guide the future of local government, which will be called Local Government

2036. This document will supposedly map out what local government in the

future will need to be and the processes and steps required to achieve those

outcomes. Mayors and General Managers have been sent invitations to a two

day workshop in August 2011 to commence discussions on this document.

This will include discussions on what incentives are needed or what barriers

are required to be removed. A full review of the Local Government Act is

also seen as one of the outcomes of the process.

Minister for Primary Industries (Hon Katrina Hodgkinson MP): Advised that

regional land use plans setting out the best use for land across the state

would be developed. These would guide future development by identifying

the best use of land. The mapping process has already commenced for this

project, but it will take some time to complete the process. The Government

has also commenced undertaking work into agriculture production and

innovation that could be undertaken in NSW. This information may assist our

area in terms of maximising the value that can be achieved from the

available agricultural land.

Minister for Roads (Hon Duncan Gay MLC): A fully integrated transport

authority is to be created. The purpose of this authority is to connect the

various nodes of transport and guide the provision of infrastructure for all

forms of transport. Two divisions for the authority were advised to the

conference. There will be a Customer Division, which will be focused on what

the “customers” of the transport systems need. The second division will be a

freight and regional development division that would be a central point for

all freight related matters and to develop strategies for the transportation of

freight. The Government advised that it is still seeking to have the Pacific

Highway upgrades completed by 2016. It was indicated that the recent

announcements for the Commonwealth Government (of $1.02 billion) does

not include much in the way of new money.

NBN: Broad scale mapping was shown which set out the areas that would

be covered by fibre optic, wireless networks and satellite. While difficult to

accurately interpret, based on the maps and the indications given in the


presentation, Kempsey Shire Council will be in the area to be serviced by all

three types of networks. Currently Kempsey, South West Rocks and

Crescent Head look to be slated for fibre optic network. Inland areas will rely

on the satellite service. While the overall installation of the services is to

take seven years, the current planned target is to have the wireless network

in place over the next three years. NBN will use existing overground network

where it is in place, where there is no overground network the infrastructure

will be underground. New above ground infrastructure will not be created.

The existing copper network will remain in place and will not be removed.

Brand of Local Government: Two good sessions were held on the image and

brand of local government. The first session was an interesting panel,

facilitated by Adam Spencer and consisting of two people from marketing

and media industry and the urban affairs reporter from the Sydney Morning

Herald. Russel Howcroft (Chairman and Managing Director of George

Patterson Y&R) set out what he saw as the important aspects of a brand:

Promise: There has to be no doubt about what you will receive, the

brand should clearly set out what the expectations can be.

Esteem: The brand has to be held in high esteem.

Relevant: It has to be relevant to the customers.

Differentiation: The brand has to set out how the product/service

is different from others as this determines how much people will be

willing to pay.

Energy: The best brands are those that are continually re-inventing

themselves.

He referred to the development of a brand as like a bucket of water. Events

happen to “spill out” the value of the brand; the job is to focus on making

sure you keep filling back up the bucket and hopefully make the bucket

bigger. It was also noted that it is not about the reality, but the perception.

In this regard, the panel set out that it is important to have a clear line of

sight between what the council is doing and what the external view of the

council is. They advised that councils have to make staff clear what the

message the council wants to convey about itself is (this should be no more

than three things, and referred to as need brutal simplicity) and then

provide sound bites that staff can use to spread this message. The

importance of the entire organisation sending out a consistent message was

stressed, as this then minimises the impact when something does go wrong,

as it is seen as the exception.

It was considered important to feed real statistics to the community on what

local government was achieving, but they have to be meaningful to the

community and seen as logical. Also important to give the message that you

are trying. People do not expect perfection, but they want council to be

humble, effective, honest and to be trying hard.

It was also suggested that the council has to look at creating “service

moments”. Because people do not see anything that they expect as unusual,

you need to identify where there are small things you can do that will create

a memorable impression that they are likely to repeat to others. People will

forget the big stuff that you do as a matter of course, but will remember the

small stuff.

Social Media: The second session on the image of local government revolved

around the use of social media. In this session, councils were advised not to

worry so much about which platform to use, as there are many, but look at

what each platform can offer. Then match what you need to do with the

platform that can deliver. Also need to consider are the people that we want


to talk to in that space. Councils have used Facebook and Twitter, but they

are also starting to use Wikipedia as a method of allowing people input into

documents and strategies. The use of software to allow people to allocate

the budget spending (run by North Sydney Council) was also highlighted as

a tool used to gather online information.

It was identified that it was not enough to have a presence online. There is a

need to have good content. It is important not to build online ghost towns;

the online product needs to attract people to the site. Communications need

to be relevant and timely, otherwise it runs the risk of being filtered out by

users. It was pointed out that any of the online strategies being proposed

were still less than the cost of a 10,000 letter drop and may be a good

alternative to cover different communication paths.

The biggest challenge is to then move online support to real activity.

During the conference the election of Vice Presidents was undertaken. Cr Janet

Hayes was elected to the position of Vice President of the Shires Association.

SUMMARY

The Mayor and General Manager met with the Minister on Tuesday 31 May, during

the annual Shires Conference, to discuss issues relating to the bypass of Kempsey.




REPORT DETAILS

Hand-over of assets was the main topic of conversation, with the bridge and its

condition being one issue discussed. There was also general conversation on the

work that was seen to be required post bypass to enhance the future of Kempsey.

The Minister was supportive of the need to ensure that the Council was provided

with all the information needed to allow the Council to be aware of any issues that

relate to infrastructure being handed to the Council. We were advised to keep in

communication with the RTA and should we have any problems to contact the

Minister‟s office to discuss.

SUMMARY

The Mayor, Deputy Mayor and General Manager met with the Minister on

4.2.3 Meeting with Minister for Primary Industries, The Hon Katrina

Hodgkinson MP


RECOMMENDATION

4.2.2 Meeting with Minister for Roads, The Hon Duncan Gay MLC



Wednesday 1 June, during the annual Shires Conference.




REPORT DETAILS

Council raised a number of matters with the Minister:

Management of Caravan Parks: Council sought the position of the NSW

Government on caravan parks to determine whether they had the intention

of taking on control. Our delegation was advised that there is no intention of

taking control, but the caravan parks are seen as a valuable asset and have

to be managed correctly. The Minister was advised that Council had been

approached to voluntarily hand the parks over and we were advised that the

proposal would be developed for Council so that we would be able to

determine what is the best outcome for the long term management of the

facilities. The Minister was advised that new contracts had just been let and

that Council believed that the new managers would be good for the business

and Council would support the continuation of the contract if the facilities

were transferred to the NSW Government. This did not seem to be an issue.

Once a proposal is developed it will be assessed and reported back to

Council.

Funding of Crown Reserve Network: The issue of use of funds from parts of

the reserve with earning potential to supplement services and facilities to

allow use of other facilities, such as the other parks and sporting grounds

was raised. The Minister expressed strong support for a flexible approach to

use of the funding, subject to proper funding of the area that earns the

money (in our case the caravan parks). Council will have to develop a case

supporting the use of the surplus funds. Such action will be undertaken in

conjunction with the consideration of the offer for handing over the caravan

parks to determine whether the Council would have more funds from

retaining or handing back the caravan parks.

Dunghutti Aboriginal Sport and Recreation: Information was sought on the

potential to release land in South Kempsey to the group should they achieve

sufficient funding to construct a sporting academy in Kempsey. The Minister

was requested to provide some advice that the groups could use to show

that should any funding application be successful that they would be able to

take over trusteeship of the land.

Kempsey Showground: The future of the showground was raised with the

Minister with a focus on the potential to establish the site as a multi-purpose

community facility; and the potential to tie the showground in with the

sporting facilities in the area so that there could be one large facility capable

of catering for events (community and sporting) utilising shared

infrastructure. It was raised that there is the need for a good quality venue

in the town, but that there would be a significant investment needed. The

Minister was enthusiastic about the concept. There is the potential to

develop the area as an alternative location for a sporting academy, with the

RECOMMENDATION


advantage that multiple uses of the land would reduce the ongoing running

costs of the infrastructure. It could meet the needs of many sectors of the

community into the future.

SUMMARY

Council has been approached by Mid Coast Water seeking Council‟s position on

transferring the water and sewer infrastructure and services to the County Council.

1 That the General Manager advise Mid Coast Water that Council is

willing to look at the benefits and that the General Manager fully

investigate the positive and negative impacts that such a change may

create before reporting back to the Council.

2 That the General Manager open discussions with Port Macquarie-

Hastings Council on the future of their water and sewer operations

and opportunities for strategic alliance to reduce the cost or improve

the quality of services that can be offered.

3 That this not be a high priority compared to development of the

integrated planning; asset management planning; the application for

an above rate peg increase; and other projects set out in the draft

management plan.



Social: Not possible to determine with the current information.

Economic (Financial): Not possible to determine with the current information.

Fully developing a factual case to determine the best option for the community will

take several months of work to assess and analyse information. This will include the

need to determine the relative costs of various models other than the county

council model.

REPORT DETAILS

Based on Council‟s previous submissions to various reports into the water utilities,

whereby the Council has advocated for the development of a corporation servicing

customers from Forster to Grafton, Mid Coast Water is seeking to commence

discussions on Kempsey Council handing over its water and sewer operations to the

County Council.

Determining whether joining the County Council is in the long term interests of the

residents of the Kempsey Local Government Area will take a significant

investigation into the model and the potential advantages. This will require gaining

sufficient information to determine whether the model has efficiencies of scale or

scope over the Council providing its own services. It will also require an

RECOMMENDATION

4.2.4 Approach by Midcoast Water – Transfer of Water/Sewer

Operations



investigation into the impacts taking such a large part of the operations of the

Council out of the operations and what diseconomies of scope will result.

Broadly, the main potential advantages of amalgamating the water and sewer

operations are likely to be:

Larger organisation will be able to access higher specialised skill sets instead

of having to “buy in” from consultants.

Economies of scale and scope from only having one strategic planning and

asset management process for a larger number of users.

Potential for cross subsidisation to positively impact on local customers.

Single focused organisation placing a higher importance on goals and

objectives relating to water/sewer provision.

Main potential disadvantages are:

Loss of control over when and where infrastructure improvements take

place.

Potential for cross subsidisation to negatively impact on local customers.

Increased distance between the user and the governing body leading to

greater disconnection with community.

Loss of employment options locally.

In addition to considering the offer to join the County Council, it would also be

responsible to consider other forms of organisational structure that could provide

benefits. One example is for Council to retain the assets and control and utilise

another party for providing the service of planning or running the operations. In

this regard, Council would not be limited to only Midcoast Water. The water supply

provided through Port Macquarie-Hastings is nearly the same size as that provided

by Midcoast Water. They could equally provide services.

From the current data available (2008/09 Comparative Water Utility data) it is not

possible to clearly see whether there is an advantage to joining with Midcoast

Water.

Currently, the average bill through Midcoast Water is 16% higher than the

average bill by Kempsey Shire Council. Port Macquarie-Hastings has lower

average residential bills. Midcoast Water also has a significantly high level of

debt, by far the highest in NSW. This means that a significant amount of

their future funds will be tied up in repayment of debt. Port Macquarie-

Hastings has a lower level of debt than Kempsey. Developer charges are

lower in Midcoast Water than Kempsey, but Port Macquarie-Hastings is lower

again.

Water employees per 1,000 connections are roughly similar, meaning that it

is unlikely that there would be significant savings under an amalgamation by

reduction of workforce size. Sewer employees per 1,000 connections is lower

for sewer, which may indicate potential for wages savings.

Physical water quality results are similar for Kempsey and Midcoast Water

and better for Port Macquarie-Hastings in the past. Water quality compliance

is showing as better for Kempsey than Midcoast Water. Kempsey recorded

less water quality complaints than Midcoast Water, but many of the Midcoast

Water systems are unfiltered (which makes direct comparison of quality

difficult). Total complaints per 1,000 properties is also lower for Kempsey

compared to Midcoast Water and Port Macquarie-Hastings. Midcoast have

lower levels of water main breaks. In some categories Midcoast Water has

improved historical compliance with sewer licence conditions.


Costs through the Kempsey model are set to escalate to try and create a

sustainable model, but how this compares with the increases planned under

the Midcoast Water County Council is not known. Midcoast Water has also

recently taken on Gloucester‟s water/sewer. Indications are there is

considerable work to be undertaken on this service. This would be expected

to increase the average costs of Midcoast Water, and thus reflect increased

charges.

Midcoast Water show a lower operating cost per connection for water than

Kempsey, but Port Macquarie-Hastings has lower operating costs. Kempsey‟s

costs per kilometre of main are lower and the cost per kilolitre are similar for

Kempsey and Midcoast Water. Management costs for Midcoast are shown as

lower, but this is more likely a reflection that as a special purpose utility

more of their costs are directly attributed to operations.

In sewer, Kempsey‟s cost per connection are slightly lower than Midcoast

Water and higher than Port Macquarie. Kempsey has lower costs per

kilolitre.

The data does not clearly indicate that the county council model is providing a

materially better service, but to get an accurate picture there would need to be a

full investigation into the details of the types of systems operated (size, area

covered, treatment types) and how costs are attributed to determine the true

relative costs.

SUMMARY

Reporting on conference attendance by councillors and staff for the three months

January to March 2011.



Environmental, Social, Policy or Statutory: Nil

Economic (Financial): Included in report

REPORT DETAILS

Information on conferences and seminars attended for the period January to March

2011 is shown below.

SEMINAR /

CONFERENCE DATES LOCATION

COUNCILLOR

/ STAFF

TOTAL

COST

January 2011

Nil

RECOMMENDATION

4.2.5 Conferences and Seminars



SEMINAR /

CONFERENCE DATES LOCATION

COUNCILLOR

/ STAFF

TOTAL

COST

February 2011

Indigenous

Leadership Workshop 6-11 Feb Canberra 1 staff Nil

“A” Division

Conference

8-9 Feb Kyogle

Councillor

Hayes

1 staff

$347.50

Noxious Weeds

Workshop 9 Feb Forster

Councillor

Saul $240.90

FBT Seminar

7 Feb Coffs

Harbour 2 staff $100.00

Digital Preservation

Seminar - Library 15 Feb Sydney 1 staff $310.00

Coastal Management

Seminar 16 Feb

Coffs

Harbour 2 staff Nil

Annual Flood

Mitigation Authority

Conference

22-25 Feb Tamworth Councillor

Green $1,967.00

One Association

Conference 23 Feb Sydney

Councillor

Hayes $88.00

Mid North Coast

Weeds Co-ordinating

Committee

23 Feb Forster Councillor

Saul $240.90

MIDGOC

24-25 Feb

South West

Rocks

Councillor

Campbell $202.61

Biodiversity Seminar

25 Feb

Nambucca

Heads 1 staff $40.00

March 2011

Pacific Highway

Taskforce 3 Mar Ballina

Councillor

Campbell $175.09

Mid North Coast

Water Operators

Group

8 Mar Taree 6 staff Nil

LGSA Tourism

Conference 9-11 Mar Engadine

Councillor

Bowell $1647.22

Public Libraries NSW

Zone Meeting 10-11 Mar Nymboida 1 staff $200.00

Community Options

Regional Conference 10-11 Mar Uralla 2 staff Nil

IPWEA Regional

Conference 11 Mar

Port

Macquarie 2 staff $264.00

NSW Revenue

Professionals

Conference

16-18 Mar Coffs Harbour 2 staff $1,464.00

Water Industry

Operators Conference 29-31 Mar Newcastle 6 staff $4,380.00

RTA Land Use Forum

31 Mar Kempsey 1 staff Nil



Management Plan.


Number of policies changed following lobbying/discussions

5 0

Mayor sent letter of thanks to Local Health Network Executive Officer, Mr Stewart

Dowrick for advice and to inform him of Council‟s resolution of April 2011 to review

the matter in three months. [Resolution of 17 May 2011 (2011.202)]

Mayor sent letter to the Hon Andrew Stoner MP including Kempsey Showground on

the agenda of matters to be discussed. [Resolution of 17 May 2011 (2011.207)]

Mayor sent letter of thanks to Mr Rob Oakeshott MP for his representations in

obtaining funds for the MNC Regional Aviation Plan and Kempsey Airport.

[Resolution of 17 May 2011 (2011.213)]

Meeting was held between the Minister for Health, Mayor and Deputy Mayor during

the week of the Shires Conference. The matter of the future redevelopment of the

hospital was raised with the Minister. [Resolution of 17 May 2011 (2011.202)]

The Mayor completed to online nomination process. [Resolution of 17 May 2011

(2011.208)]

Council lodged and application under the Regional Development Australia Fund for

the South Kempsey infrastructure project. An application was not submitted for the

boat ramp improvements as it did not gain support from the local Regional

Development Board at this time, who indicated that they felt the project needed

further refinement. [Resolution of 19 Apr 2011 (2011.180)]

0 4 0 0 12 0 47 0 20

10

20

30

40

50

0

1

2

3

4

5





4.3 Specific Projects Actions Report



Operating Revenue

Local Government 0 0 0

Government 0 0 0

Special Interest Groups 0 0 0

Total 0 0 0 0 0

Operating Expense

Local Government 56,738 49,454 0 49,454 38,545

Government 0 0

Special Interest Groups 0 0

Total 56,738 49,454 0 49,454 38,545

Net Operating Position (56,738) (49,454) 0 (49,454) (38,545)

Total Capital Revenue 0 0 0 0 0

Capital Projects

Local Government 0 0 0 0 0

Government

Special Interest Groups

Total 0 0 0 0 0

Reserve Movements 0 0 0 0

Loans 0 0 0 0

Depreciation Usage 0 0 0 0

Net Capital Movement 0 0 0 0 0

Net Cost of Goal (56,738) (49,454) 0 (49,454) (38,545)


Nil

-60

-50

-40

-30

-20

-10

0

0

5

10

15

20

25

30

35

40

45

Jul

Au

g

Sep

Oct

No

v

Dec Jan

Feb

Mar

Ap

r

May Jun

Tho

usa

nd

s

Tho

usa

nd

s

Revenue YTD

Expenditure YTD

Capital YTD

Original Budget (Right Axis)





Management Plan:




Electronic Records Management System

12.10.10 N/A $150,000 allocated

Electronic Records Management System (ERMS) File: 445

Council staff on 3 June 2011 received a third demonstration of available ERMS

software. This product was HP TRIM. Quotes will be obtained from the three

suppliers that provided demonstrations. The value of the quotes will determine

whether tenders will then need to be called. Funding for the purchase has been

revoted into 2011-2012. If tenders are called a realistic target date for

commencement would be December 2011.

SUMMARY

Reporting on the statement of bank balances and investments.




REPORT DETAILS

The Local Government Act 1993 requires that council be notified at each ordinary

meeting of details of all monies invested by Council.

RECOMMENDATION

5.2.1 Statement of Cash and Investments File: 303

5.2 Ongoing Action Report


GOAL 5: To ensure leadership and effective, efficient accountable management


A statement of balances is shown in (Appendix A – Page CM1).

The statement of investments is shown in (Appendix B – Page CM2).

SUMMARY

Reporting that the Local Government Remuneration Tribunal has made its

determination on mayoral and councillor fees for the 2011-2012 year.

1 That the Kempsey Shire Council mayoral and councillor fees payable

for the 2011-2012 year be the maximum allowed for regional rural

councils (category3) as determined by the Local Government

Remuneration Tribunal.

2 That the draft budget for 2011-2012 be amended resulting in a net

saving of $619.00.


Environmental: Nil

Social: Councillor fees are determined in open council so the community is fully

aware of the decision made. The Tribunal sets the upper and lower limits payable in

the different council categories. The council must determine the fee within its

category.

Economic (Financial): The Tribunal has approved a 4.2% increase in fees. For

this Council it will mean the mayoral fee being $36,320 and Councillors fee being

$16,640 if the upper limit is adopted.

The 2011-2012 draft budget (operational plan) allows for a mayoral allowance of

$38,100 and a councillors fee of $16,511. If the upper limit is adopted the following

adjustments can be made to the draft budget:

Mayoral allowance draft budget: $1,780 decrease to $36,320

Councillors fee draft budget: $1,161 increase ($129 x 9) to $16,640

Net saving: $619

Policy or Statutory: Section 248 of the Local Government Act requires that

councils must pay each councillor an annual fee as determined by the Tribunal. If a

fee is not set by the council it must pay the minimum fee in the relevant category.

REPORT DETAILS

The Local Government Remuneration Tribunal (the Tribunal) each year sets the

range of fees for all councillors and mayors in NSW. The Tribunal invited

submissions from councils and Local Government and Shires Association.

The Tribunal has determined that an increase of 4.2% is appropriate.

RECOMMENDATION

5.2.2 Mayoral and Councillor Fees for 2011-2012 File: 276 {Folio No. *}

http://www.kempsey.nsw.gov.au/pdfsCnlMtgs/2011/cmeeting20110621/210611o-cm-appa.pdf

http://www.kempsey.nsw.gov.au/pdfsCnlMtgs/2011/cmeeting20110621/210611o-cm-appb.pdf


Kempsey Shire Council is listed as a regional rural (category3) council. The levels of

fees for this category for 2011-2012 are:

Mayor Councillor

minimum maximum minimum maximum

$16,080 $36,320 $7,550 $16,640

It has been this Council‟s past practice to pay the upper limit determined by the

Tribunal. A copy of the Tribunal‟s report has been sent to each councillor and will be

tabled at this meeting. The report can also be viewed on the Division of Local

Government website at www.dlg.nsw.gov.au.

SUMMARY

Reporting on the tender on a single source basis for the supply and delivery of Bulk

Fuel, Lubricants and above Ground Storage Tanks for participating Council‟s under

the Mid North Coast Group of Council‟s Alliance.

That Council accepts the tenders from Hastings Co-operative for the supply

and delivery of bulk fuel and above ground storage tanks and Bracourt Pty

Ltd trading as Redpoint for the supply and delivery of Lubricants for the

period 1 July 2011 until 30 June 2013, and that provision be allowed for a

12 month extension based on satisfactory supplier performance which may

take this tender through to 30 June 2014.


Environmental and Social: Nil

Economic (Financial): The tender ensures Council access to competitive market

tested pricing over the following three years with savings to Council estimated at

$37,000 p.a.

Policy or Statutory: Local Government Procurement has no contract in place for

the supply of bulk fuel & Lubricants. The tender has been conducted in accordance

with Council‟s Purchasing Policy and requirement of the Local Government Act and

Regulations.

REPORT DETAILS

A joint tender has been facilitated by the Mid North Coast Group of Council‟s for the

supply and delivery of Bulk Fuel & Lubricants, the tender comprised the following

categories:

Bulk Fuel

Lubricants

Above Ground Storage Tanks

RECOMMENDATION

5.2.3 Tender for the supply and delivery of Bulk Fuel, Lubricants

and above Grounf Storage Tanks File: 264 {Folio No. *}

http://www.dlg.nsw.gov.au/


Participating councils in this tender are:

Coffs Harbour City, Bellingen Shire, Great Lakes, Kempsey Shire, Port Macquarie –

Hastings, Gloucester Shire and Greater Taree City Council‟s.

Tenders closed 10.00am Tuesday 3 May 2011.

The tender evaluation was conducted on Wednesday 11 May 2011 by a panel

comprising representatives of the participating Council‟s including Mr Brian Ison

from the Kempsey Shire Council, Mr Michael Robinson Port Macquarie – Hastings

Council and the panel facilitator Mr Peter Salafia from Hunter Council‟s.

Tender Evaluation Criteria

The tender evaluation was based upon the following weighted factors:

Price

Referees

Quality Assurance

OH&S

Customer Service

Ecologically Sustainable Development

A copy of the Tender Evaluation report and appendixes are attached at (Appendix

A - Page CM1 Confidential) within the confidential section of Council‟s business

paper. The evaluation report has been provided to Council on a “Commercial in

Confidence” 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)).

Tender Outcome

Category 1 Bulk Fuel

Council current panel tender will finalise on 30th June 2011 the tender is with Caltex

Australia & Central Pty Ltd trading as Reliance Petroleum

Tenders were received from Central Pty Ltd trading as Reliance Petroleum &

Hastings Cooperative, with Hastings Cooperative being evaluated as the

recommended supplier.

No tender was submitted by Caltex.

Due to the volatility of fuel pricing this tender as in the past is based upon a

combination of cost drives in the determination of price, the factors are terminal

gate price, suppliers price margin and freight costs.

An evaluation undertaken by Council‟s Fleet and Procurement section of pricing

under the Hastings Co-operative proposal based upon a 30 day price average

indicates that a an annual saving of $37,000 would be achieved in comparison to

rates applicable under the current fuel contract.

Category 2 Lubricants

Six tenders were received in respect of lubricants; the tenderers were Central Pty

Ltd trading as Reliance Petroleum, Hastings Cooperative, Bracourt Pty Ltd trading

as Redpoint, Hi Tec Oil Traders, Castrol Lubricants and Valvoline Australia.


Redpoint were evaluated as the successful tenderer.

Red point is a local business who has been Council‟s major supplier of oils and

greases over the last two years. Council experience with Redpoint has been a very

positive one in terms of customer service, pricing and product quality.

The tender ensures Council continued access to market competitive pricing over the

term of the tender.

Category 3 Above Ground Storage Tanks

Whilst Council fuel facilities are underground it is recommended that Council accept

the submission from Hastings Cooperative for future supply of above ground tanks

to cover the possibility if the need for such a facility arises over the term of this

contract.

SUMMARY

Reporting on the tender for the supply and delivery of Traffic & Safety Signage for

participating Council‟s under the Mid North Coast Group of Council‟s Alliance.

That Council accepts the tender submission from Road Management

Solutions (RMS) for the supply and delivery of Traffic and Safety Signage

for the period 1 July 2011 until 30 June 2013 with a provision to extend

the contract for a further twelve months to 30 June 2014 subject to

satisfactory supplier performance.



Economic (Financial): The tender provides Council access to competitive market

tested pricing for the supply of signage which is anticipated to deliver marginal

savings to Council of $1,500 over the term of the contract

Policy or Statutory: The tender has been conducted in accordance with the

provisions of Council‟s Purchasing Policy and the Local Government Act and

Regulation. No contract for signage is available from Local Government

Procurement.

REPORT DETAILS

A joint tender has been facilitated by the Mid North Coast Group of Council‟s for the

supply and delivery of Traffic & Safety Signage, the current contract with Artcraft

expires on 30th June 2011.


RECOMMENDATION

5.2.4 Tender for the supply and delivery of Traffic & Safety Signage File: 264{Folio No. *}


Coffs Harbour City, Bellingen Shire, Great Lakes, Kempsey Shire, Port Macquarie –

Hastings, Gloucester Shire, Greater Taree City and Nambucca Shire.

Tenders closed on Tuesday 3 May 2011, tenders were submitted from:

Road Management Solutions (RMS)

Artcraft

DeNeefe,

Hi-Vis signs

Barrier Signs

Tender Evaluation

The tender evaluation was conducted on Thursday 12 May 2011 by a panel

comprising representatives of the participating Council‟s including Mr Brian Ison

from the Kempsey Shire Council.

The tender evaluation was based upon the following weighted factors:

Price

Referees

Quality Assurance

OH&S

Customer Service

Ecologically Sustainable Development

A copy of the Tender Evaluation report is attached as at (Appendix B - Page CM9

Confidential) within the confidential section of Council‟s business paper. The

evaluation report has been provided to Council on a “Commercial in Confidence”

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)).

Tender Outcome

The evaluation panel has recommended that the contract be awarded to Road

Management Solutions.

On the basis of the prices tendered a marginal cost saving will be achieved by

Council whilst the term of the tender provides Council with a guarantee in terms of

future pricing for signage.

SUMMARY

Reporting on the panel source tender for the supply and delivery of Industrial

Hardware & Associated Products for participating Council‟s under the Mid North

Coast Group of Council‟s Alliance.

RECOMMENDATION

5.2.5 Tender for the Supply of Industrial Hardware and Associated

Products



1 That the following suppliers be awarded the contract for the supply

and delivery of Industrial Hardware & Associated Products as „Panel

Suppliers‟ for the period 1 July 2011 to 30 June 2013,

a) J. Blackwood & Sons Pty Limited (all categories 1 – 7)

b) Corporate Express Australia Pty Limited (categories 2 and 7

only)

2 That provision be allowed for a 12 month extension based on

satisfactory supplier performance which may take this tender through

to 30 June 2014.



Economic (Financial): The tender provides Council with access to best value

pricing within the market place.

Policy or Statutory: Local Government Procurement has no contract in place for

industrial hardware, the tender has been carried out in accordance with Council‟s

Purchasing Policy and statutory requirements.

REPORT DETAILS

A new joint panel source tender has been facilitated by the Mid North Coast Group

of Council‟s for the supply and delivery of Industrial Hardware & Associated

Products

This Panel Source tender consists of seven (7) Categories

1. General Hardware, Drill Bits, Abrasives & Packaging

2. Cleaning & Janitorial

3. Fasteners

4. Electrical Products

5. Hand Tools

6. Power Tools

7. Safety & Footware

The tender was called on a non-exclusive supply basis in recognition of Council‟s

requirement to source materials locally on an as required basis. In the main

purchases under the contract are for supply of goods in bulk that are held in

Council‟s store.


Coffs Harbour City, Bellingen Shire, Midcoast Water, Great Lakes, Kempsey Shire,

Gloucester Shire, Greater Taree City, Nambucca Shire and Port Macquarie -

Hastings Council.

Tenders closed on Tuesday 3 May 2011, tenders were received from:

Protector Alsafe (Non Conforming Tender)

J. Blackwood & Son Pty Limited

Corporate Express Australia Pty Limited


Tender Evaluation

A tender evaluation was conducted on the 11 May 2011 based upon the following

weighted criteria:

- Pricing - scored based on top „50 by annual volume‟ items for each

participating Mid North Coast Group of Council‟s.

- Referees

- Quality Assurance

- Customer Service

- OH&S

- Ecologically Sustainable Development

Protector Alsafe tender was deemed non conforming as they failed to price any of

the top 50 nominated items under the tender.

A copy of the Tender Evaluation report and appendixes are attached at (Appendix

C - Page CM12 Confidential) within the confidential section of Council‟s business

paper. The evaluation report has been provided to Council on a “Commercial in

Confidence” 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)).

Tender Outcome

It is recommended that the tender from J Blackwood & Sons Pty Ltd for all

categories and Corporate Express Australia Pty Limited (category 2 and 7 only) be

accepted.

A review of pricing undertaken by Council‟s procurement section indicates a

potential saving of 9% under the tender when compared to State Contract rates.

J. Blackwood & Sons have been supplying council with a range of products for many

years, Council‟s experience is that pricing and service from Blackwood‟s has been

excellent.

This tender provides Council with access to competitive pricing whilst allowing

Council to continue to secure best value within the wider market.

SUMMARY

Reporting on Council‟s loan borrowings program for the 2010/11 year.

1 That a supplementary report providing updated loan quotations be

submitted to the June 2011 Council meeting.

2 That Council resolves to accept the offer of loans from the institution

providing an advantageous outcome to Council.

3 That the seal of Council is affixed to the necessary loan documents.

RECOMMENDATION

5.2.6 2010/11 Loan Borrowing Program File: 594 {Folio No. *}


REPORT IMPLICATIONS:

Environmental, Social, Policy and Statutory: Nil

Financial: The borrowings are in accordance with Council‟s 2010/11 budget and

will result in a liability of $2,500,000 in Water Fund.

The annual loan repayments will be approximately $234,838 in Water Fund.

REPORT DETAILS

The Local Government Act requires that the borrowing of monies is a function that

Council must determine and cannot delegate, loan borrowings are required to be

finalized by the 30 June.

The Department of Local Government has approved that Council may borrow

$11,532,000 in the 2010/11 year made up as follows:

General Fund $2,061,000

Water Fund $2,658,000

Sewer Fund $6,813,000

General Fund Loan Program

The original approval provided funding for the following works

Emergency Services Building $85,000

Local Roads – Improvement Program $1,140,000

Stormwater Drainage – West Kempsey $100,000

Footpaths and Cycleways Program $113,000

Flood Mitigation Works $80,000

Park Developments $180,000

Fleet Replacement Program $363,000

Amendments to Council‟s work plan including the deferral of works incorporated

within the 2011/12 Budget has resulted in a reduction to $1,100,000 in loan

funding requirements. These funds are not required in the current year and it is

proposed to defer the borrowing until late 2011.

Sewer Fund Loan Program

The original approval provided funding for the West Kempsey Treatment Works.

This borrowing will be deferred to the 2011/12 year in line with current cash flow

requirements. The deferral of the works has been incorporated within Council‟s

2011/12 budget.

Water Fund Loan Program

Loan borrowing of $2,500,000 are required to meet current cash flow projections

for the following programs deferred from 2009/10:

Crescent Head Balance Tank $200,000

Steuart McIntyre Dam (WTP Investigation) $200,000

Distribution System Augmentation $1,000,000

Renewal Program $1,100,000


Loan Quotations Requests

Council approached major lending authorities requesting quotes in respect of the

above borrowing.

Council enquiries in previous years have indicated that the major banks provide the

optimum borrowing rates to Local Government. The advantage that the banking

institutions enjoy is attributed to the size of their portfolios, the lower risk ratio

applicable to local government borrowings, and the regulatory capital adequacy

requirement‟s applicable to these institutions which make lending to local

government attractive to the banks.

Council requested the following quotations:-

Water Fund

20 Year fixed term

20 year term with renewal based upon 5 year

The decision to borrow either on the fixed term or renewal basis is dependent upon

Council‟s aversion to risk associated with future interest rate variation. The

determination is a subjective one based upon the differential in the cost of

borrowings under the fixed and renewal terms and the assessed potential variations

in market borrowing rates.

Due to the volatility in credit markets and the lending policies of the financial

institutions the rates provided to Council by the financial institutions are indicative

only. Updated quotation will be available to Council at its meeting to enable

determination of the successful lender.

Quotations Received

The following quotes have been received at the time of preparing this report.

Commonwealth Bank – (Indicative Rates 10.00am 14 June 2011)

Water Fund Loans $2,500,000

Term: 20 years, (5 year renewal) quarterly repayment.

Rate: 7.21%

Term: 20 years (10 year renewal), quarterly repayment

Rate: 8.06%

National Australia Bank

Water Fund Loans $2,500,000

Term: 20 years, quarterly repayment.

Rate: 7.59%

Term: 20 years (5 year renewal), quarterly repayment

Rate: 7.09%

Assessment

The rates quoted are within the parameters used in framing Council‟s 2011/12

budget.

An assessment of the relative merits of the loan options will be developed upon


receipt of the updated rates from the banks on the 21 June.

SUMMARY

For Council to consider submissions, adoption of the Delivery Program and

Operational Program and making of the rates and charges for 2011 – 2012.

That whereas Council has given public notice of its Draft Operational Plan

for the year 2011-2012, and has taken into consideration submissions

made in respect thereof, it is now resolved:-

1 That the Base Amount plus Ad valorem amount for the ordinary rates

as set out hereunder for the various categories and sub-categories of

all rateable land in the area be now made for the year commencing 1

July 2011:

2 That the following Domestic Waste Management Service charges,

based upon a 140 litre mixed waste service and inclusive of Kerbside

Recycling, be now made for the year 2011-2012 pursuant to the

provisions of section 496 of the Local Government Act 1993:-

Category Charge Per Annum

Weekly (defined green waste) $353.00

Weekly (no green waste) $231.00

Vacant Lands – Urban $ 37.00

3 That the following Commercial Waste Service charge be now made for

the year 2011-2012 pursuant to the provisions of Section 501 of the

Local Government Act 1993:-

Category Sub-Category Base amount Plus

Ad valorem

$ %

section 500

LG Act

Cents in $

Farmland Farmland 322.00 23.73 0.2983

Residential Other 322.00 49.89 0.2983

Crescent Head 322.00 29.34 0.2983

South West

Rocks/Arakoon

322.00 38.67 0.2983

Hat Head 322.00 29.42 0.2983

Business Kempsey CBD 322.00 15.83 0.5986

Other 322.00 26.62 0.5986

Crescent Head 322.00 12.29 0.5986

South West

Rocks/Arakoon

322.00 15.98 0.5986

Hat Head 322.00 14.94 0.5986

RECOMMENDATION

5.2.7 Draft Delivery Program 2011–2015 and Operational Plan

2011-2012



Per single weekly service (240 Litre Sulo) $280.00

4 That the Domestic Waste Management Service and the Commercial

Waste Service charges be based on the number of separate

occupancies or domiciles (whether actually occupied of not) contained

within each rateable property for which the service is available.

5 Water Charge

That the following water charges be made pursuant to the provisions

of Sections 501 and 502 of the Local Government Act 1993 for the

period 1 July 2011 to 30 June 2012:

A Access Charge

A charge per meter of:-

Meter Size (mm) Access Charge

($)

Vacant 235.00

20 235.00

25 367.00

32 602.00

40 940.00

50 1,469.00

80 3,760.00

100 5,875.00

150 13,219.00

200 23,500.00

Fire Service 600.00

B Usage Charge

Residential

$1.67 per Kilolitre for all water consumed to 250kLpa

$2.35 per kilolitre for all water consumed above 250kLpa

Non-residential

$1.67 per kilolitre for all water consumed

Recycled water

$0.67 cents per kilolitre for all recycled water

Reclaimed water

$0.06 cents per kilolitre for all reclaimed water

6 Sewerage Charge

That the following sewerage charges be made pursuant to the

provisions of section 501 of the Local Government Act 1993 for the

period 1 July 2011 to 30 June 2012:

A. Access Charge

Residential – Sewerage Base

Charge Connected Properties

(Per annum) $663.00


Residential – Sewerage Base

Charge Unconnected Properties

(Per annum) $409.00

Non-Residential (per connection size)

Water Meter Size (mm) Access

Charge ($)

Vacant 409.00

20 597.00

25 934.00

32 1,528.00

40 2,388.00

50 3,731.00

80 9,552.00

100 14,925.00

150 33,581.00

B. Non-residential Usage Charge

Sewerage Usage Charge (per kL) $ 1.63

C. Section 501 Charge

Flats/Commercial (per unit per annum) $663.00

Holiday Flats (per unit per annum) $663.00

7 Onsite Sewerage Management System – Annual approval fee

- Single dwelling $ 50.00 per onsite system

- Small commercial systems $ 60.00 per onsite system

- Large commercial systems $120.00 per onsite system

8 That the Operational Plan 2011-2012 and Delivery Program 2011–

2015 incorporating the changes as outlined in the forgoing report be

adopted.

RECOMMENDATION IMPLICATIONS:

Environmental, Social, Policy or Statutory, Directors Review: Nil

Economic (Financial): The rates and charges proposed form the basis of the

estimated incomes disclosed in Council‟s 2011-2012 Operational Plan.

REPORT DETAILS:

This report is in three parts, namely:

1. Submissions

2. Adoption of the Delivery program 2011-2015 and Operational Plan

2011-2012

3. Making of rates and charges

1. Submissions

The draft Delivery Program and Operational Plan were on exhibition for 28 days

closing on 16 June 2011.


In accordance with Section 404(4) and 405(3) of the Local Government Act,

Council, in deciding on the final plans, must take into consideration any

submissions that have been made concerning the draft plans. At the time of

preparing this report no public submissions had been received. Copies of

submissions which may be received prior to the closing date will be presented in a

supplementary report for Council consideration.

2. Adoption of the Delivery Program 2011 – 2015 and Operational Plan

2011 – 2012

In accordance with Section 406(1) of the Local Government Act, Council must

adopt a Management Plan before 30 June for the following year after it has

prepared and exhibited it in accordance with the Act. Following are proposed

amendments to the draft Operational Plan which have emanated from staff

suggestions.

Fees and Charges

Description Advertised

Fee

Proposed

Fee

Non-Residential (Usage) Water

Consumption (page 19) $1.45/kL $1.67/kL

Development Fees (Page 129)

Delete : The estimated cost is determined:

Insert : EPA Act Regulation 2000, Division 1 clause 255 provides that the

estimated cost for a development is determined:

Enquiry Fees – Research Council‟s file index for

applications (page 136)

$75.00 Nil

Tourist Parks & Camping Reserves (page 145)

The Draft Fees and Charges noted that the “Fees to be determined

following consultation with contract managers”. The new contract

provides that Council sets the fees for the 2011-12 year, the fees have

been determined based upon CPI increase.

The site and cabin fees as listed below, unless otherwise stated, apply to stays of

27 days or less, and are subject to GST at the rate of 10%. In respect of any stay

for a period greater than 27 days, GST will be charged on that portion of the stay

at the concessional rate of 5.5%.

Site Fees

Crescent Head Holiday Park

Powered sites (2 persons, 1 vehicle)

Daily - Discount Season $28.00 C

- Shoulder $35.00 C

- Holiday $41.00 C

- Peak Season $47.00 C

Weekly - Discount Season $164.00 C

- Shoulder $215.00 C

- Holiday $287.00 C



Powered Site (1 "backpacker")


- Shoulder $22.00 C

- Holiday $30.00 C


Crescent Head Prime Sites (Killick Creek frontage)


- Shoulder $40.00 C

- Holiday $49.00 C




- Holiday $344.00 C


Discount season comprises the time between the Autumn and Spring school

holidays

Shoulder season includes from the end of the Spring school holidays until the

Christmas school holidays and then from the end of the Christmas school

holidays until Easter, after Easter until the end of the Autumn school holidays

Autumn/Spring season includes the Spring and Autumn school holidays

Peak season includes Easter and the Christmas school holidays

Grassy Head Holiday Park

Powered site (2 persons, 1 vehicle


- Shoulder $25.00 C

- Autumn/Spring $32.00 C






Unpowered Site ( 2 persons, 1 vehicle)


- Shoulder $23.00 C







(1 "backpacker")


- Shoulder $18.00 C



Stuarts Point Holiday Park

Powered site (2 persons, 1 vehicle)



- Shoulder $27.00 C







Unpowered Site (2 persons, 1 vehicle)


- Shoulder $24.00 C







(1 "backpacker")


- Shoulder $18.00 C



Hat Head Holiday Parks

Powered site (2 persons, 1 vehicle


- Shoulder $27.00 C







Unpowered Site (2 persons, 1 vehicle)


- Shoulder $24.00 C







(1 "backpacker")


- Shoulder $17.50 C



Discount season comprises all periods of the year except peak and shoulder

Shoulder is after the Spring Holidays to the Christmas Holidays and then after

the Christmas Holidays until Easter

Autumn/Spring season includes the Spring and Autumn school holidays


Peak season includes the Easter and Christmas school

holidays

On Site storage

$8.30 C

Long term residents per week (all year - 2 persons) $106.00 C

Winter concessions per wk for 1 month min stay (June - Aug) $139.00 C

Pensioners per week (Discount season) $131.00 C

Pensioners per day (Discount season) $21.00 C

Pensioners per week (Shoulder Season) & Non Creek front $140.00 C

Pensioners per day (Shoulder Season) & Non Creek front $22.00 C

Seniors 10% discount on all sites non holiday seasons

ONSITE CABINS (for 5 persons, 1 vehicle)

Crescent Head

Lakeside Cabins

Discount season - Nightly $89.00 C

- Weekly $573.00 C

Shoulder season - Nightly $104.00 C

- Weekly $659.00 C

School Holidays - Autumn/Spring - Nightly $138.00 C

- Weekly $896.00 C

Peak Season - Nightly $159.00 C

- Weekly $1,111.00 C

Oceanside and Lakeside Bungalows


- Weekly $631.00 C


- Weekly $724.00 C


- Weekly $1,032.00 C


- Weekly $1,247.00 C

Spa Bungalows


- Weekly $803.00 C


- Weekly $874.00 C


- Weekly $1,204.00 C


- Weekly $1,520.00 C

Oceanside Spa Villa



- Weekly $1,111.00 C


- Weekly $1,232.00 C


- Weekly $1,655.00 C


- Weekly $2,150.00 C

Ocean Front Spa Villa


- Weekly $1,197.00 C


- Weekly $1,326.00 C


- Weekly $1,950.00 C


- Weekly $2,494.00 C

Hat Head

Cabins - 3 star


- Weekly $501.00 C


- Weekly $566.00 C


- Weekly $795.00 C


- Weekly $968.00 C

Cabins - 3.5 star


- Weekly $537.00 C


- Weekly $595.00 C


- Weekly $867.00 C


- Weekly $1,053.00 C

Cabins - Spa Cabin


- Weekly $609.00 C



- Weekly $681.00 C


- Weekly $1,039.00 C


- Weekly $1,290.00 C

Cabins – Creek ridge Bungalows


- Weekly $659.00 C


- Weekly $760.00 C


- Weekly $1,204.00 C


- Weekly $1,520.00 C

Stuarts Point

Cabins without Ensuites


- Weekly $394.00 C

Autumn/Spring Hol - Nightly $77.00 C

- Weekly $480.00 C


- Weekly $602.00 C

Cabins with ensuites


- Weekly $495.00 C

Autumn/Spring Hol - Nightly $94.00 C

- Weekly $631.00 C


- Weekly $831.00 C

Stuarts Point

Bungalows (1 with special access)


- Weekly $602.00 C


- Weekly $709.00 C

School Holiday season - Nightly $128.00 C

- Weekly $896.00 C



- Weekly $1,125.00 C

Creek front Bungalows


- Weekly $630.00 C


- Weekly $724.00 C


- Weekly $1,032.00 C


- Weekly $1,247.00 C

Grassy Head

Cabins with ensuites - 3 star


- Weekly $509.00 C


- Weekly $530.00 C


- Weekly $680.00 C


- Weekly $946.00 C

Cabins with ensuites - 2 star


- Weekly $437.00 C


- Weekly $501.00 C


- Weekly $609.00 C


- Weekly $738.00 C

EXTRA PERSONS

Pre-school

Child (5 - 15 years) - Nightly $5.00 C

- Off peak /week $28.00 C

Other persons - Daily $10.00 C


Child (5 - 15 years) - Holidays weekly $36.00 C

Other persons - Holidays weekly $71.00 C

Child (5 - 15 years) - Peak weekly $36.00 C

Other persons - Peak weekly $71.00 C

Extra vehicles excluding trailers

transporting tents

- Daily $5.50 C



Visitor fee daily

$4.00 C

Air Conditioner daily fee

$3.50 C

Ensuite site /daily

$10.00 C

HOLIDAY VANS (two people) -

*Pensioner discount of $100 off annual fees and $25 off quarterly fees

Crescent Head per annum (in advance) $3,782.00 C

per quarter $982.00 C

Hat Head per annum (in advance) $3,070.00 C


10 month van only $1,760.00 C

Stuarts Point per annum (in advance) $2,788.00 C


Grassy Head per annum (in advance) $2,483.00 C


Site Cancellation Fee/ week of cancellation $50.00 C

Booking Policies

Confirmation of all bookings require deposit within 21 days of the booking

* Confirmation of all bookings require by deposit within 21 days of

booking

* Non refundable booking fees required for bookings:-

**Sites - $55.00 per week, or part thereof, of the booking

**Cabins - One night's tariff per week, or part thereof, of the booking

* Christmas school holidays - full payment due by 30th October

*All school holiday cabin bookings - full payment due 30 days prior to arrival

* All cancellations are in writing to 4 Shore Holiday Park Management

* Site cancellation fees - $50 plus GST per week, or part thereof, cancelled

* Cabin cancellation fees - One night tariff per week, or part thereof, cancelled

*No refunds for bookings cancelled within 14 days of arrival.

Note The Parks Manager may with Council's consent, implement "special offer"

as a promotional tool.

HORSESHOE BAY BEACH PARK

Powered Sites (incl 2 persons & 1 vehicle)

Winter Low Season Daily $34.50 C

Weekly $198.00 C

Shoulder off Season Daily $41.00 C

Weekly $225.00 C

Autumn School Holiday Daily $55.50 C

Weekly $287.00 C

Spring School Holiday Daily $41.00 C

Weekly $263.00 C

Peak Season Xmas Daily $60.00 C

Weekly $376.00 C


On Site Accommodation

QUEEN CABINS


Weekly $645.00 C


Weekly $682.00 C


Weekly $1,075.00 C


Weekly $1,075.00 C


Weekly $1,147.00 C

DOUBLE CABINS


Weekly $516.00 C


Weekly $559.00 C


Weekly $768.00 C


Weekly $693.00 C


Weekly $850.00 C

* Linen is available for hire

* No Pets in Cabins

* Minimum booking of 1 week for all holiday periods

* Payment in full for all booked days

Winter/Low Summer - 17 April to 17 December Pets Welcome

Shoulder/Off Season Summer - 23 Jan to 2 April

(Excluding Easter) Pets Welcome

Autumn School Holidays -

No Pets

Spring School Holidays

No Pets

Xmas/Summer School holidays

No Pets

OTHER CHARGES - SITES & CABINS

Other person -

15 years & over


Weekly $53.00 C


Weekly $53.00 C



Weekly $59.00 C


Weekly $59.00 C


Weekly $75.00 C

Child (between 6 & 14 years)


Weekly $34.00 C


Weekly $34.00 C


Weekly $48.00 C


Weekly $48.00 C


Weekly $54.00 C

Child (5 years & under)


Weekly $19.00 C


Weekly $19.00 C


Weekly $20.00 C


Weekly $20.00 C


Weekly $20.00 C

PRIVATE BATHROOMS - (Min 3 nights)


Weekly $43.00 C


Weekly $43.00 C


Weekly $61.00 C


Weekly $61.00 C



Weekly $63.00 C

BOOKING INFORMATION

SITE DEPOSIT

Winter Low Season

First Night Fee C

Shoulder off Season

First Night Fee C

Autumn School Holiday

$100.00 C

Spring School Holiday

$100.00 C

Peak Season Xmas

$100.00 C

ONSITE ACCOMMODATION

DEPOSIT

Winter Low Season

First Night Fee C

Shoulder off Season

First Night Fee C

Autumn School Holiday

$150.00 C

Spring School Holiday

$150.00 C

Peak Season Xmas

$150.00 C

* Bookings will only be held for a maximum 24 hours from advised ARRIVAL DATE

* Please advise if arriving Later than 6PM

* A $20 key deposit is required. This is refundable upon return of key to office

* All accommodation fees are payable IMMEDIATELY UPON ARRIVAL

* NO REFUNDS ARE GIVEN UNDER ANY CIRCUMSTANCES

Note The Parks Manager may with Council's consent, implement "special offer" as a

promotional tool.

Sundry Sales – Supply of hard copy of Business

Paper

New fee $33.00 each

3. Making the Rates and Charges

Under Section 533, Council must make the rate and charges before 1 August in the

year, for which the rates and charges are made, after having given appropriate

public notice in relation to the draft plans. Each rate and charge is to be made for a

specific year (Section 534) and the rate and charge is to be made by a resolution of

Council (Section 535).


Management Plan.

5.3 Specific Actions Report


MM9 – Mayor sent letter to the Hon Andrew Stoner MP to have the State

Government provide amnesty from the need to conduct a referendum for the

purpose of the reduction in the number of Councillors at the 2012 elections.

[Resolution of 17 May 2011 (2011.209)]


Percentage of staff expressing satisfaction with management leadership

50% 39.1%

Senior Management 39.1% Manager/Coordinator 56.5%

Percentage of staff indicating satisfaction with their employment

75% 91.5%

Average number of hours before Ordinary Council meetings that the Agenda is available to the public.

90 110.82

May = 116

Average number of hours after ordinary Council meetings that the minutes are available to the public.

30 20.50

May = 19

Percentage of correspondence received, needing a reply, that is replied to within 10 working days

90% 68.92%

May = 63.58%

Number of registered correspondence received by Council annually

13,300 11,381

May = 1,407

Value of Creditor payments made by Council annually

$48m $41.6m

May = $3.859m

Number of visitors to Council’s web site per annum

270,000 260,894

May = 22705

Number of days lost per million man hours worked.

< 460 583.87

Stress claim is still affecting YTD figures.

1 4 0 0 00 1 37 0 00

5

10

15

20

25

30

35

40

0

1

2

3

4

5






Indicator Target Y.T.D. Comment The total number of staff lost time injuries will be reduced to less than 19 per million hours worked.

< 19 11.33

Two W/Comp claims during May, no lost time

Level of indigenous employment within Council

5.5% 3.8%

11 of total 283 employees


Operating Revenue

Value for Money Services

0 0 0 0 0

Accountability 17,710,050 18,221,633 0 18,221,633 17,569,086

Good Management 45,150 410,823 0 410,823 372,080

Genuine Open Communication

0 0 0 0 0

Leadership and Guidance

0 0 0 0 0


Total 17,755,200 18,632,456 0 18,632,456 17,941,166

Operating Expense


0 0 0 0 0

Accountability 441,666 454,643 0 454,643 422,599

Good Management 1,728,461 2,146,278 0 2,146,278 1,749,785


0 0 0 0


277,650 277,650 0 277,650 224,478


Total 2,679,577 3,105,371 0 3,105,371 2,583,690

Net Operating Position 15,075,623 15,527,085 0 15,527,085 15,357,476

0246810121416

-5

0

5

10

15

20


Mill

ion

s

Mill

ion

s







Total Capital Revenue 100,000 382 0 382 382

Capital Projects


0 0 0 0 0

Accountability 1,500 1,386 0 1,386 1,386

Good Management 1,143,403 1,815,081 0 1,815,081 576,710


0 0 0 0 0


0 0 0 0 0


Total 1,144,903 1,816,467 0 1,816,467 578,096

Reserve Movements 520,624 429,859 0 429,859 1,044,387

Loans 165,262 (210,469) 0 (210,469) 149,422

Depreciation Usage 1,304,100 1,404,100 0 1,404,100 1,287,092

Net Capital Movement (426,689) (631,375) 0 (631,375) (484,431)

Net Cost of Goal 14,648,934 14,895,710 0 14,895,710 14,873,045


Nil

Confidential Section Kempsey Shire Council – Ordinary Meeting 21 June 2011

16 CONFIDENTIAL ITEMS

MOTION FOR CONFIDENTIAL SESSION

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

(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.

Councillors are reminded of their statutory obligations in relation to the

non-disclosure to any outside person of matters included in this section.

That Council form itself into the Confidential Session, 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.

Confidential Questions Kempsey Shire Council – Ordinary Meeting 21 June 2011

Confidential - Questions On Notice

Section 10A(2)(g) – Legal Proceedings

This advice 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.

Section 10A(2)(d)(i) – Commercial Position

This advice 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.

Confidential Goal 1 Kempsey Shire Council – Ordinary Meeting 21 June 2011

Section 10A(2)(c) – Commercial Advantage in Business Dealing

This report is submitted on a confidential basis as it involves information that

would, if disclosed, confer a commercial advantage on a person with whom the

council is conducting (or proposes to conduct) business. (Local Government Act

1993, section 10A(2)(c))

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))


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 that Expressions of Interest have been received from suitably qualified

consultants to undertake a peer review of flood modelling for the Saltwater

precinct, South West Rocks.





1993, section 10A(2)(g))

1.2 Legal Opinion - State Environmental Planning Policy

Affordable Rental Housing 2009


1.1 Peer Review of Flood Modelling, Saltwater Precinct South

West Rocks

File: T5-55 {Folio No. *}

GOAL 1: To facilitate ecological and economical sustainable development in the Shire


On balance, the public interest in preserving the confidentiality of the advice,

outweighs the public interest in openness and transparency in council decision







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


SUMMARY:

Reporting on the current position regarding legal matters.

5.1 Various Legal Matters File: 155 {Folio No. *}

GOAL 5: To ensure leadership and effective, efficient accountable management

Conclusion Kempsey Shire Council – Ordinary Meeting 21 June 2011

17 CONCLUSION

agenda - ordinary council meeting 21 june 2011 · agenda ordinary council meeting to be held 9.00...

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