agenda - ordinary council meeting of kempsey shire council ... · attachments 1. letter-from- alg...

Ordinary Council Meeting - 18 September 2018

A Council meeting will be held on Tuesday 18 September 2018 in the Council Chambers located Corner Tozer and Elbow Streets, West Kempsey

commencing at 9:00 am


INDEX 1 OPENING PRAYER ..............................................................................................................................4 2 ACKNOWLEDGEMENT OF THE TRADITIONAL ABORIGINAL LANDOWNERS ......................................4 3 APOLOGIES ........................................................................................................................................4 4 DECLARATIONS OF INTEREST ............................................................................................................4 5 ASSESSMENT OF ITEMS LISTED FOR CONFIDENTIAL CONSIDERATION .............................................4 6 CONFIRMATION OF MINUTES ...........................................................................................................4 7 CITIZENSHIP CEREMONIES ................................................................................................................4 8 PUBLIC FORUM AND PRESENTATIONS ..............................................................................................4 9 CONSIDERATION OF MOTIONS FOR SUPPLEMENTARY REPORTS AND MOTIONS FOR CHANGES TO

THE ORDER OF BUSINESS ..................................................................................................................5 10 CONSIDERATION OF REPORTS RELATING TO PUBLIC FORUM MATTERS ..........................................5 11 CONSIDERATION OF REPORTS RELATING TO A CONSENSUS MOTION .............................................5 12 MAYORAL MINUTES ..........................................................................................................................6

12.1 ALGA NATIONAL ADVOCACY CAMPAIGN ................................................................................................6 13 STAFF REPORTS .................................................................................................................................7

13.1 ELECTION OF DEPUTY MAYOR .................................................................................................................7 13.2 T6-17-403 CONCEPT DWELLING AT DONDINGALONG ..........................................................................10 13.3 SECTION 3.22 SUBMISSION FOR A MINOR AMENDMENT TO KLEP 2013 ..............................................15 13.4 TENDER FOR THE OPERATION AND MANAGEMENT OF THE KEMPSEY AIRPORT AVIATION FUEL

FACILITY – TENDER NO. TQE18/3 ..........................................................................................................18 13.5 TENDER FOR THE SUPPLY, DELIVERY AND INSTALLATION OF CABIN FURNITURE AT MACLEAY VALLEY

COAST HOLIDAY PARKS – TENDER NO. TQE18/10 .................................................................................21 13.6 REVIEW OF COMMITTEES, WORKING GROUPS AND APPOINTMENT OF DELEGATES ...........................25 13.7 CARRY OVER AND REVOTE BUDGETS ....................................................................................................29 13.8 DELIVERY PROGRAM SIX MONTHLY UPDATE ........................................................................................31 13.9 COUNCIL MEETING DATES .....................................................................................................................33 13.10 CRESCENT HEAD WATER TREATMENT PLANT .......................................................................................34 13.11 LED LIGHTING UPGRADE - STREET LIGHTING ........................................................................................36 13.12 MORATORIUM ON FEES AND CHARGES FOR THE COMMERCIAL USE OF FOOTPATH AREAS IN THE

KEMPSEY CBD ........................................................................................................................................38 13.13 MORATORIUM FOR COMMERCIAL AREAS IN KEMPSEY ON FEES AND CHARGES FOR SECTION 138

APPLICATIONS AND TEMPORARY ROAD CLOSURES ..............................................................................40 13.14 PECUNIARY INTEREST RETURNS AND DECLARATIONS ..........................................................................42 13.15 PROCEDURE ON PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO THE MAYOR AND

COUNCILLORS ........................................................................................................................................43 13.16 STATEMENT OF CASH AND INVESTMENTS - AUGUST 2018 ...................................................................44 13.17 DEVELOPMENT APPROVALS AND CONSTRUCTION CERTIFICATES ........................................................45

14 RESCISSION MOTIONS .....................................................................................................................53 15 NOTICES OF MOTION ......................................................................................................................54

15.1 2018 GARAGE SALE TRAIL PARTICIPATION ............................................................................................54 16 DELEGATES REPORTS ......................................................................................................................61 17 COMMITTEE REPORTS .....................................................................................................................61

17.1 LOCAL TRAFFIC COMMITTEE MEETING HELD ON 4 SEPTEMBER 2018 ..................................................61 18 DELIVERY PROGRAM PERFORMANCE INDICATORS ........................................................................62


19 COUNCILLOR QUESTIONS ................................................................................................................63 20 CONFIDENTIAL ITEMS .....................................................................................................................66

20.1 LEGAL MATTERS .....................................................................................................................................67 21 CONCLUSION ...................................................................................................................................67 22 MEETING OF THE CRESCENT HEAD CARAVAN AND RECREATION (R63725) TRUST ........................68

22.1 APOLOGIES ............................................................................................................................................68 22.2 CRITICAL COMMUNICATIONS ENHANCEMENT PROGRAM - CRESCENT HEAD SITE ..............................68 22.3 CONCLUSION .........................................................................................................................................70


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”. 2 ACKNOWLEDGEMENT OF THE TRADITIONAL ABORIGINAL LANDOWNERS “Council acknowledges that this meeting is being held on the traditional lands of the Dunghutti People”. 3 APOLOGIES That the apology submitted by Councillors for non-attendance at the meeting be accepted and leave of absence granted. 4 DECLARATIONS OF INTEREST That Councillors' declared interests be noted. 5 ASSESSMENT OF ITEMS LISTED FOR CONFIDENTIAL CONSIDERATION That the confidential reports be considered in the confidential section of the meeting. 6 CONFIRMATION OF MINUTES That the minutes of the ordinary meeting of Kempsey Shire Council dated 21 August 2018 be confirmed. Attachments 1. 21-8-2018 Minutes [6.1.1] 7 CITIZENSHIP CEREMONIES Nil 8 PUBLIC FORUM AND PRESENTATIONS 8.1 PUBLIC FORUM 8.2 PRESENTATIONS


Nil 9 CONSIDERATION OF MOTIONS FOR SUPPLEMENTARY REPORTS AND MOTIONS FOR

CHANGES TO THE ORDER OF BUSINESS That the Agenda Order of Business is adopted. 10 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. 11 CONSIDERATION OF REPORTS RELATING TO A CONSENSUS MOTION The following items will be enacted by one motion unless a Councillor or citizen of Kempsey Shire Council requests the item be considered separately. RECOMMENDED: That the recommendations contained in the following items be adopted:

13.9 Council Meeting Dates 13.10 Crescent Head Water Treatment Plant 13.11 LED Lighting Upgrade - Street Lighting 13.12 Moratorium on Fees and Charges for the Commercial Use of Footpath Areas in the

Kempsey CBD 13.13 Moratorium for Commercial Areas in Kempsey on Fees and Charges for Section 138

Applications and Temporary Road Closures 13.14 Pecuniary Interest Returns and Declarations 13.15 Procedure on Payment of Expenses and Provision of Facilities to the Mayor and

Councillors 13.16 Statement of Cash and Investments - August 2018 13.17 Development Approvals and Construction Certificates


12 MAYORAL MINUTES 12.1 ALGA NATIONAL ADVOCACY CAMPAIGN Councillor Liz Campbell, Mayor File No F18/2031 Attachments 1. Letter-from- ALG A- President-to-councils [12.1.1]

PURPOSE For Council to endorse and show support to the Australian Local Government Association’s (ALGA) National Federal Election Advocacy campaign to restore Financial Assistance Grants funding to a level of at least 1%. RECOMMENDATION That Council confirms the support of ALGA’s National Advocacy Campaign and delegate the Mayor to complete the application process. ISSUES ALGA’s headline election advocacy priority will be to secure a better deal on federal funding for local government from the next federal government. In doing this, ALGA will be calling for ‘1% plus partnership programs’ – this calls for the next federal government to restore core local government funding of Financial Assistance Grants to at least 1% of Commonwealth taxation revenue and add funding for partnership programs where agreed. More information about this election priority is available in the attached letter from ALGA President, Mayor David O’Loughlin. ALGA outlined the reasons why Council’s should support ALGA’s call for a better funding deal:

Financial Assistance Grants (FAGs) are untied when managed by Council and can be used to address our local priorities.

FAGs will be used for diverse council projects like roads bridges, parks, pools and halls as well as providing services to the young, the elderly and local community and sporting groups.

In 1996 FAGs funding was equal to around 1% of Commonwealth taxation revenue (CTR). Today the figure has fallen to just under 0.55%

FAGs funding has not kept pace with the CTR growth or with the increased demand for services or infrastructure in our local communities.

The above indicators result in pressure on rates and the Council’s budget making it hard to maintain community services and infrastructure.


13 STAFF REPORTS 13.1 ELECTION OF DEPUTY MAYOR Officer Daniel Thoroughgood, Manager – Governance and Information Services File No F18/514 Attachments 1. Deputy Mayor Nomination Form [13.1.1]

PURPOSE To elect a Deputy Mayor in accordance with the Local Government Act 1993. RECOMMENDATION 1 That Council elects a Deputy Mayor.

2 That, if an election is required for the position of Deputy Mayor, the election be by open

voting. ISSUES Councillor Ashley Williams was elected to the office of Deputy Mayor in 2016 for a term of one year at Council’s meeting 27 September 2016, and then a subsequent term of one year at Council’s meeting 19 September 2017. Under Local Government Act 1993 (NSW) s 231 Councillors may elect from among their number a Deputy Mayor, and any such election may be for the Mayoral term or a shorter term. The Deputy Mayor may exercise any function of the Mayor at the request of the Mayor, or if the Mayor is prevented from exercising the function; or if there is a casual vacancy in the office of Mayor. Under Local Government Act 1993 (NSW) s 369 the deputy mayor may preside at meetings of Council in the absence of the mayor. Under Local Government Act 1993 (NSW) s 249 a council may pay the Deputy Mayor (if there is one) a fee determined by the council for such time as the Deputy Mayor acts in the office of the Mayor. The amount of the fee so paid must be deducted from the Mayor’s annual fee. BACKGROUND The procedure for election of Deputy Mayor is as follows: Nominations The Local Government (General) Regulation 2005 provides that nominations for Deputy Mayor must be in writing, signed by two Councillors (one of whom may be the nominee), and the nominee must consent in writing to the nomination. Nominations are to be “delivered or sent to the returning officer”, that is the General Manager, who shall announce the names of the nominees at the Council meeting at which the election is to be held.


A nomination form for Deputy Mayor has been provided to Councillors with this agenda. Method of election Where only one Councillor is nominated, that Councillor is declared elected. Where more than one Councillor is nominated, the Council is to resolve whether the election is to proceed using one of the following methods:

by preferential ballot

by ordinary ballot

by open voting Preferential ballot and ordinary ballot are secret ballots, whereas open voting means by a show of hands or similar means. Preferential Ballot The ballot-papers are to contain the names of all the candidates. Councillors are to mark their votes by placing the number “1”, “2” and so on against the various names so as to indicate the order of their preference for the candidates. Ordinary Ballot Under ordinary ballot, the General Manager is to decide the manner in which votes are to be marked on the ballot-papers. Counting The counting process is virtually the same for both preferential ballot and ordinary ballot where there are only two candidates, (i.e. the candidate with the higher number of votes is elected). However, where there are three or more candidates the counting process for: (i) Ordinary ballot requires the candidate with the lowest number of votes to be excluded and

further rounds of voting undertaken until such time as only two candidates remain; (ii) Preferential ballot requires the successful candidates to secure an “absolute majority” of votes

(i.e. a number more than one-half the number of formal un-exhausted ballot papers). If an absolute majority is not obtained on first preference votes, the candidate with the lowest number of votes is excluded and the second preferences on those ballot papers are transferred to the remaining candidates.

If no candidate then has an absolute majority of votes, the process of excluding the candidate who has the lowest number of votes and transferring the votes in order of the voter’s preference is repeated until one candidate has received an absolute majority of votes. With tied candidates, if on any count of votes, there are only two candidates and the count of votes


received is equal, the candidate whose name is first chosen by lot is taken to be elected. If on any count of votes, there are three or more candidates in or remaining in, and the count of votes received for two or more candidates are equal and those candidates are the ones with the lowest number of votes, the candidate whose name is first chosen by lot is taken to be excluded.


13.2 T6-17-403 CONCEPT DWELLING AT DONDINGALONG Officer Leigh Cave, Town Planner File No T6-17-403 Attachments 1. T 6-17-403 Development Plans [13.2.1]

2. T 6-17-403 Draft Consent Conditions [13.2.2] 3. T 6-17-403 Clause 4.6 Request [13.2.3] 4. T 6-17-403 Concurrence from NSW Department of Planning and

Environment [13.2.4]

PURPOSE To report for determination concept development application T6-17-403, which seeks consent for a dwelling house at Lot 382 DP1241507, 764 Gowings Hill Road, Dondingalong, as detailed in the attachment (T6-17-403 Development Plans). A variation greater than 10% of the minimum lot size development standard for a dwelling under Kempsey Local Environmental Plan 2013 (KLEP 2013) is sought. RECOMMENDATION That development consent is granted to concept development application T6-17-403 for a dwelling house at Lot 382 DP1241507, 764 Gowings Hill Road, Dondingalong, subject to the conditions contained in the attachment (T6-17-403 Draft Consent Conditions). ISSUES Development consent is sought for a dwelling house on a rural allotment which does not benefit from a dwelling entitlement under clause 4.2A of the KLEP 2013. The relevant development standard for a rural dwelling under clause 4.2A on land zoned RU1 Primary Production is a minimum lot size of 40 hectares. The allotment has an area of 18.85 hectares. As the dwelling is proposed on a lot that is deficient in area by approximately 50%, an application has been made pursuant to clause 4.6 of KLEP 2013 to vary the development standard in this instance. This is a concept development application submitted pursuant to section 4.22 of the Environmental Planning and Assessment Act 1979. A concept development application is a development application that sets out concept proposals for the development of a site, and for which detailed proposals for the site or for separate parts of the site are to be the subject of a subsequent development application or applications. If consent is granted, the consent does not authorise the carrying out of development on any part of the site concerned unless consent is subsequently granted to carry out development on that part of the site following a further development application. BACKGROUND The application has been assessed against the relevant heads of consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979. This report provides a discussion of the key matters arising from the development.


Kempsey Local Environmental Plan (KLEP) 2013 Permissibility The land is zoned RU1 Primary Production and dwelling houses are permissible with consent. Clause 4.6 – Exceptions to development standards The objectives of this clause are to provide an appropriate degree of flexibility in applying certain development standards to the particular development and to achieve better outcomes for and from development by allowing flexibility in certain circumstances. The applicant’s written request seeking to justify the contravention of the separation distance development standard is provided as an attachment (T6-17-403 Clause 4.6 Request). Development consent can only be granted if Council is satisfied with the following:

Requirement/Criteria Comment That compliance with the development standard is unreasonable or unnecessary in the circumstances of the case.

The underlying purpose of the development standard is to maintain lots of a size viable for primary production activities, minimise land use conflicts, and minimise unplanned rural residential development. In this instance, strict compliance with the minimum lot size is considered unreasonable given these objectives are still achieved. The lot area is consistent with the area of surrounding lots that contain dwellings and development, the land is identified as part of Council’s adopted rural residential land release strategy for future rural residential subdivision, and the proposal will not limit or reduce the agricultural potential of the land or result in any land use conflicts. In this case, it would be unreasonable to impose strict compliance with the standard as the lot size does not give rise to an adverse impact on the environment, the agricultural viability of the land or the rural amenity of the locality.

That there are sufficient environmental planning grounds to justify contravening the development standard.

It is considered that a case has been made out by the applicant, on environmental planning grounds, to allow a variation to the development standard in this instance. The development complies with the objectives of clause 4.2A (stipulating the minimum lot size development standard) which are: (a) to minimise unplanned rural residential

development, (b) to enable the replacement of lawfully

erected dwelling houses in rural and


Requirement/Criteria Comment environment protection zones.

The lot is identified within the Council’s adopted Rural Residential Land Release Strategy for future rezoning and subdivision for rural residential development. Given the development will not reduce or compromise the agricultural potential of the land in the short term and the long-term objective of rural residential subdivision in accordance with the Rural Residential Land Release Strategy will remain achievable, it is considered that a variation to the development standard in this instance is justified.

The proposed development will be in the public interest because it is consistent with the objectives for development within the zone in which the development is proposed to be carried out.

The proposal is consistent with the objectives of the RU1 Primary Production zone which are (as relevant to the proposal): • To encourage sustainable primary industry

production by maintaining and enhancing the natural resource base.

• To encourage diversity in primary industry enterprises and systems appropriate for the area.

• To minimise the fragmentation and alienation of resource lands.

• To minimise conflict between land uses within this zone and land uses within adjoining zones.

• To maintain the rural and scenic character of the zone.

• To enable agricultural support activities to be carried out on land within the zone in a manner that does not significantly reduce the agricultural and horticultural production potential of land in the locality.

• To encourage development that is compatible with the character of the zone.

The concept proposal is for a dwelling house on approximately 18.85 hectares of land and is considered consistent with the rural character of the area and surrounding lot sizes that contain dwellings. The lot enjoys direct flood free access and frontage to a public road. A flood free dwelling site is available with sufficient space for on-site waste disposal. Access to utilities is available in the area. The new dwelling site provides adequate buffer distances to adjoining properties that limit impacts from adjoining land uses and is not


Requirement/Criteria Comment envisaged to result in a land use conflict. Furthermore, the proposal will not reduce or limit the current agricultural use of the land. The proposal will provide additional accommodation that will support and encourage sustainable future land use activities.

The concurrence of the Director-General has been obtained.

Pursuant to clause 64 of the Environmental Planning and Assessment Regulation 2000, the Secretary of the NSW Department of Planning and Environment has notified Council that concurrence under clause 4.6 has been granted (contained in the Attachment T6-17-403 Concurrence from NSW Department of Planning and Environment) subject to the finalisation of the associated lot realignment /consolidation and creation of the proposed lot 382, and for the following reason:

1. There is no public benefit in maintaining the 40 hectare minimum lot size development standard for the proposed development.

Registration of proposed Lot 382 has been completed with NSW Land Registry Services. The land parcel is identified as Lot 382 DP1241507.

Clause 7.9: Essential services Council is satisfied that services that are essential for the development are available or that adequate arrangements have been made to make them available when required. Rainwater will be harvested to supply water, sewerage will be disposed of on-site, stormwater can be appropriately managed and there is reticulated electricity available for connection to the property. These matters will be addressed in detail in the subsequent detailed development application for the proposed dwelling. State Environmental Planning Policy (Rural Lands) 2008 Pursuant to clause 10 of the Rural Lands SEPP, Council must take into account the following matters when considering whether to grant consent to a rural dwelling: (a) the existing uses and approved uses of land in the vicinity of the development, (b) whether or not the development is likely to have a significant impact on land uses that, in the

opinion of the consent authority, are likely to be preferred and the predominant land uses in the vicinity of the development,

(c) whether or not the development is likely to be incompatible with a use referred to in paragraph (a) or (b),

(d) if the land is not situated within a rural residential zone, whether or not the development is likely to be incompatible with a use on land within an adjoining rural residential zone,


(e) any measures proposed by the applicant to avoid or minimise any incompatibility referred to in paragraph (c) or (d).

The siting of the dwelling house will not impair the use of the land for agriculture and is proposed a minimum of 100 metres from the property boundaries which provides an adequate buffer from agricultural uses on any adjoining properties. The proposal will not result in the fragmentation of rural land. Given the scale and form of the proposed development, it is not expected the proposal will result in any negative impacts on the production value of the land or create a conflicting land use issue with any surrounding land uses. The proposal will provide additional accommodation that will support and encourage sustainable future land use activities. Social Considerations There are no adverse social impacts envisaged as a result of the development. The proposal will provide additional rural housing in the Dondingalong community and provide an opportunity for agricultural and compatible land uses. Economic Considerations There will be a minor economic benefit for the period of construction and an on-going economic benefit as a result of additional occupants utilising services in the area and providing opportunities to support the growth of agricultural land uses in the community. Environmental Considerations Bushfire The property is mapped as bush fire prone land. A bushfire hazard assessment report was submitted with the proposal. Council is satisfied that with the implementation of the report and its recommendations, that the bushfire risk is manageable and will be consistent with the acceptable bushfire protection measure solutions, provided for in section 4.3.5 of NSW Rural Fire Services, Planning for Bushfire Protection, 2006. Bushfire protection measures and planning for bushfire protection requirements will be addressed in subsequent detailed development application and development consent for a dwelling. Flood Part of the property is mapped as flood-prone land. The concept proposal is compatible with the flood hazard of the land and is not likely to affect flood behaviour on the subject lot or surrounding properties. The proposal does not increase the risk to the life of the occupants or surrounding occupants.


13.3 SECTION 3.22 SUBMISSION FOR A MINOR AMENDMENT TO KLEP 2013 Officer Peter Orr, Strategic Projects Coordinator File No KLEP2013-AM-26 Attachments 1. Section 3.22 Submission [13.3.1]

PURPOSE To consider the following minor amendment to Kempsey Local Environmental Plan 2013 (KLEP 2013) to be dealt with expeditiously pursuant to section 3.22 of the Environmental Planning and Assessment Act 1979. Proposal: To correct mapping errors in the delineation of portions of the Macleay Valley Way

road corridor alignment in Land Zoning Map Sheet LZN_011B Location: Macleay Valley Way, South Kempsey Proponent: Kempsey Shire Council Status: Council resolution is required to proceed The next stage will be to forward the ‘Section 3.22 submission’ (provided as an attachment) to the Minister for Planning for consideration as a minor amendment. The Minister (or delegate) will consider if there is sufficient justification to proceed on the basis of a minor amendment and make a determination. RECOMMENDATION That the Section 3.22 submission to correct mapping errors in KLEP 2013 Land Zoning Map Sheet LZN_011B be submitted to the Minister for Planning for consideration as a minor amendment pursuant to section 3.22 of the Environmental Planning and Assessment Act 1979. ISSUES Section 3.22 of the Environmental Planning and Assessment Act 1979 (EP&A Act) provides the opportunity for an expedited Local Environmental Plan (LEP) amendment process to correct obvious errors that are minor in nature. In the KLEP 2013 Land Zoning Map Sheet LZN_011B (refer Figure 1 below) the land zoning of the identified classified road (SP2 Infrastructure - yellow) extends west beyond the road corridor alignment onto separate land parcels zoned RE2 Private Recreation and IN1 General Industrial, creating unintended split zoning on these lots. The implication is that these erroneous split zones have the potential to create unnecessary complications for development proposals at these affected lots.


Figure 1: Area of affected land zone mapping (Macleay Valley Way alignment bounded in red) located between the South Kempsey interchange and the rail overpass to the north BACKGROUND Objectives of the LEP Amendment

The intended outcome of the Section 3.22 submission is to correct identified mapping errors in KLEP 2013 Land Zoning Map Sheet LZN_011B.

Proposed Amendments to the Kempsey Local Environmental Plan (KLEP) 2013

The Section 3.22 submission proposed will comprise a minor amendment to KLEP 2013 as follows:

Amended Land Zoning Map Sheet LZN_011B – with the corrected land zone boundaries adjacent the Macleay Valley Way road corridor which aligns with the underlying cadastre.

The Justification for the LEP Amendment The Section 3.22 submission attached provides the following justification for the minor LEP amendment proposed:

Why there is a need for the amendment:


KLEP 2013 Land Zoning Map Sheet LZN_011B contains a number of inadvertent errors in the alignment between land zone boundaries and the underlying cadastre which have resulted in unintended and erroneous split zoning for the adjacent properties.

What the amendment does:

The amendment to KLEP 2013 Land Zoning Map Sheet LZN_011B will correctly align the cadastre and land zone layers in the mapping.

Why the amending plan is suitable to be made in accordance with section 3.22:

It was proposed to correct the identified inconsistencies in KLEP 2013 Land Zoning Map Sheet LZN_011B through an erratum. However, as the identified mapping error has existed for a period greater than 3 months, the erratum pathway is no longer available. A section 3.22 amendment will enable the swift resolution of the identified mapping errors and the resultant constraints on development in this locality.


13.4 TENDER FOR THE OPERATION AND MANAGEMENT OF THE KEMPSEY AIRPORT AVIATION FUEL FACILITY – TENDER NO. TQE18/3

Officer Troy Baker, Business Assets Officer File No TQE18/3 Attachments 1. TQ E 18 3 Operation and Management of Kempsey Airport Fuel System -

Direct Load Tender confirmation [13.4.1]

PURPOSE To seek Council’s endorsement to: decline the submitted tenders based on the significant cost that Council would incur through

the ongoing operation and management of the Airport fuel facility; and

enter into direct negotiations with Aero Refuellers for the lease, operation and management of the fuel facility based on their alternative tender submission resulting in Council receiving a ground lease fee and throughput fee on all fuel sales.

RECOMMENDATION 1 That under Section 178(3) of the Local Government (General) Regulation 2005 no tenders be

accepted as these offers represent a significant cost to Council. 2 That under Section 178(3) of the Local Government Regulation 2005 negotiations be entered

into with Aero-Refuellers based on their alternative tender submission. 3 That Council endorses the proposal to enter into negotiation with Aero Refuellers Pty Ltd for

the lease of the Kempsey Airport Aviation Fuel Facility, subject to fair market rental for the fuel facility.

4 That fresh tenders for the Operation and Management of the Kempsey Airport Aviation Fuel

Facility not be invited as it is considered that going to the market again would more than likely produce the same results given the limited number of market suppliers.

BACKGROUND In April 2017 a tender was awarded for the installation of the new fuel facility at Kempsey Airport as the current fuel system in operation is significantly aged and requires replacement. Additionally, feedback from airport stakeholders indicated that an upgraded system offering a fully automated 24-hour swipe card access and both Jet A1 and Avgas fuel will enable better service provision and potential jobs growth in the aviation industry.

The new fuel system is close to being commissioned and it is in intended that the fuel facility will be fully compliant and operational in conjunction with the commencement of a suitably qualified company to operate the fuel facility. COMMENTARY


Tenders for the Operation and Management for the Kempsey Airport Aviation Fuel Facility were invited and publicly advertised on 17 July 2018 in accordance with Section 167 of the Local Government Regulation 2005. Tenders closed at 2 pm on Tuesday, 7 August 2018 after a period of 22 days. At the close of tenders, two (2) submissions were received from: 1. Aero Refuellers Pty Ltd

2. OPEC Systems Pty Ltd

Tenders were then evaluated by the Tender Evaluation Committee (TEC) in accordance with the endorsed Tender Evaluation & Probity Plan (TEP), the tender specification, and as per the requirements of the Local Government Regulation 2005 (the regulation). The TEC has a thorough understanding of the requirement and the tender specification, as well as a high degree of professional skill and experience in the evaluation of tenders. Tender Evaluation Committee (TEC) The role of the TEC was to evaluate the tenders received and make a recommendation on the preferred tenderer(s). The Tender Evaluation Committee (TEC) comprises the Chairperson of the Committee and Committee members as follows:

Role Role Description Appointee Position

Chairperson of the Tender Evaluation Committee (TEC)

To manage the evaluation process and report to the Procurement Delegate.

Troy Baker Business Assets Officer

Evaluation Committee Member

Perform a detailed evaluation of the Tender submissions.

Brian Ross Coordinator Commercial Property & Facilities



Gayleen Burley Manager Commercial Business

Probity Advisor Advisor/observer Vicki Thomas Coordinator Procurement and Fleet Management

Tender Evaluation A full evaluation assessment of the tenders was then undertaken 23 August 2018 by the TEC. All 3 members of the TEC undertook individual evaluations prior to meeting collectively to undertake a consensus scoring process. The Chairperson of the TEC leads the consensus scoring process where each member of the TEC offered their non-priced score and consensus was met on the final scoring for each non-price criteria. This process was overseen by the observer to ensure compliance with the probity plan (refer to the attached probity plan).


The two (2) Tenders were then evaluated against the following weighted criteria:

Tender evaluation criteria & weightings

30% Price 10% Demonstrated Experience 10% Similar Services and Projects 20% Personnel qualification, skills and experience 10% Demonstrated evidence of satisfactory WHS

management 10% Demonstrated evidence of satisfactory

Environmental management 10% Demonstrated evidence of initiatives,

efficiencies and value-adds for the project Whilst the tender submitted by Aero Refuellers Pty Ltd was found to represent the best value for money based on the two (2) tenders received, it would still represent a significant ongoing cost to Council if awarded. Aero Refuellers also submitted an alternative tender for the lease, management and operation of the fuel facility which would result in Council receiving revenue via a ground lease and a throughput fee on all fuel sales. The alternative tender, although conforming with the specification, cannot be considered as a lease fee was not nominated. A fair market appraisal of the airport fuel system land is required in order to negotiate an appropriate square metre rate for the lease agreement. Full details of the tender evaluation are provided in attachments to the accompanying confidential business paper. These attachments are 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))


13.5 TENDER FOR THE SUPPLY, DELIVERY AND INSTALLATION OF CABIN FURNITURE AT MACLEAY VALLEY COAST HOLIDAY PARKS – TENDER NO. TQE18/10

Officer Troy Baker, Business Assets Officer File No TQE18/10 Attachments 1. Updated Tender Documents for TQ E 18 10 â�� Tender for the Supply

Delivery and Installation of Cabin [13.5.1]

PURPOSE To accept a tender for the supply, delivery and installation of cabin furniture for the Macleay Valley Coast Holiday Parks. RECOMMENDATION 1 That the original lump sum tender submitted by Suite Design Australia Pty Ltd for the

amount of $141,552.62 (including GST), for the supply of the nominated tender quantity and installation of Cabin Furniture at Macleay Valley Coast Holiday Parks be accepted.

2 That in addition to recommendation 1, that a further allowance of $152,251.83 (Inc GST) be

accepted for the revised quantity cabin items at a total cost of $293,804.45 (including GST) as per the information contained within this report.

3 That the final contract documents be executed under the seal of Council. BACKGROUND Tender TQE18/10 is for the replacement of cabin furniture at Council’s five (5) holiday parks located at Crescent Head, Hat Head, Horseshoe Bay, Stuarts Point and Grassy Head. In accordance with the Business Management Plan (2016) for the Macleay Valley Holiday Parks and recommendation from ATPM, the contracted management company responsible for day to day management and operation or the holiday parks, it was decided to undertake a program of work to replace most of the existing furniture in the cabins throughout the five parks. The current stock of cabin furniture has been identified as reaching its end of useful life as it: no longer meets the standard required for the accommodation;

Does not meet paying clientele expectations;

Is in a state of disrepair or is showing significant signs of wear and tear.


The replacement of the cabin furniture is noted in the business plan for the Holiday Parks as an item that would require addressing over the next five years;

“To ensure ongoing improved occupancy in the North Coast Tourism Region it is essential that council over the next five year uses its distinct location advantages close to beaches/water with ongoing improvements to: o Replace cabins that are structurally unsound and allocate funding for ongoing cabin

upgrades to finishes, fittings and furniture to ensure they reflect the standards charged for”.

The replacement of the cabin furniture is therefore required to lift the internal standard of the cabins to reflect the price charged, maximise occupancy, and meet customer expectations. COMMENTARY Tenders for the Supply, Delivery and Installation of Cabin Furniture - Macleay Valley Coast Holiday Parks were invited and publicly advertised on 17 July 2018 in accordance with Section 167 of the Local Government Regulation 2005. Tenders closed at 2 pm on Tuesday, 7 August 2018 after a period of 22 days. At the close of tenders, two (2) submissions were received from: 1. Bowerman’s Office Furniture

2. Suite Design Australia Pty Ltd Tenders were then evaluated by the Tender Evaluation Committee (TEC) in accordance with the endorsed Tender Evaluation & Probity Plan (TEP), the tender specification, and as per the requirements of the Local Government Regulation 2005 (the regulation). The TEC has a thorough understanding of the requirement and the tender specification as well as a high degree of professional skill and experience in the evaluation of tenders. Tender Evaluation Committee (TEC) The role of the TEC was to evaluate the tenders received and make a recommendation on the preferred tenderer(s). The Tender Evaluation Committee (TEC) comprises the Chairperson of the Committee and Committee members as follows:


Chairperson of the Tender Evaluation Committee (TEC)

To manage the evaluation process and report to the Procurement Delegate.

Troy Baker Business Assets Officer



Brain Ross Coordinator Commercial Property & Facilities

Evaluation Committee Perform a detailed Gayleen Burley Manager Commercial



Member evaluation of the Tender submissions.

Business

Probity Advisor Advisor/observer Vicki Thomas Coordinator Procurement and Fleet Management

TENDER EVALUATION A full evaluation assessment of the tenders was undertaken 23 August 2018 by the TEC. All 3 members of the TEC undertook individual evaluations prior to meeting collectively to undertake a consensus scoring process. The Chairperson of the TEC leads the consensus scoring process where each member of the TEC offered their non-priced score and consensus was met on the final scoring for each non-price criteria. This process was overseen by the Probity Advisor to ensure compliance with the probity plan (refer to the attached probity plan). The two (2) Tenders were then evaluated against the following weighted criteria:

Tender evaluation criteria & weightings

60% Price 10% Demonstrated Experience 10% Similar Services and Projects 10% Demonstrated capacity to supply quality

furniture consistent with the Specification. 10% Demonstrated evidence of satisfactory WHS&E

management ACTUAL COST VS TENDER AMOUNTS It was identified during the tender process that an error was made with the published schedule of furniture quantity and goods that would be required. It was agreed by the TEP to let the tender process continue unchanged as there was a provision within the tender documentation to revise the quantity prior to entering into any final agreement with the successful tenderer. Section 2.1 Tender Price Schedule of tender documentation makes reference as follows: “Tender Price Schedule quantities may change at time of order. Specifications are suggested

only, based on current furniture or suitable to existing décor”.

Therefore, as per recommendation 2, and considering the revised actual number of items required, the revised total dollar value of the tender is $293,804.45 incl. GST. Funds are available for this additional cost within the originally projected budget allocation. The tender submitted by Suite Design Australia was found to represent the best value for money and therefore is recommended to be accepted. Full details of the tender evaluation are provided in the accompanying Confidential attachments. These attachments are 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))


13.6 REVIEW OF COMMITTEES, WORKING GROUPS AND APPOINTMENT OF DELEGATES Officer Daniel Thoroughgood, Manager – Governance and Information Services File No F18/1959 Attachments Nil

PURPOSE To appoint a Councillor(s) to committees and working groups for the two year period ending September 2020. RECOMMENDATION 1 That appointment to committees and working groups for the two-year period ending

September 2020 be determined. 2 That where an election is required for membership it is held by open voting. 3 That the Natural Resources Working Group be disbanded ISSUES At Council’s 27 September 2016 meeting Councillors representatives on committees and working groups were appointed for a two-year period ending September 2018. Natural Resources Working Group The purpose of this Committee was to provide input and advice on strategies and plans to be developed by Council. The working group met the Council’s requirement under the NSW Coast and Estuary Program and Floodplain Development Manual that it has a mechanism for consultation between government departments, Council and the community. The Committee has not met formally for over 12 months (a risk management workshop was held in June 2018 to discuss Killick Creek, Korogora Creek and Macleay River Estuary coastal management programs) and it is suggested that it be disbanded. It is suggested that a Natural Resources Consultative Group be established to provide consultative and engagement opportunities on project-specific initiatives related to a wide range of natural resources matters including environmental policies and legislative instruments, aquatic and terrestrial ecosystems management, landscape and biodiversity assessments, plans and strategies. It is proposed that Terms of Reference for the group be developed and approved by the Executive Leadership Team. As per the Lower Macleay Flood Risk Management Plan work outlined above, progress with specific projects that would be reported to Council, or Workshops conducted as necessary, as relevant strategies and plans are drafted and finalised for adoption. BACKGROUND The following table lists committees and working groups, their purpose and respective current delegate’s council is a member of. The Mayor is an ex-officio on all committees and working groups of Council.


Councillor McGinn was selected at Council’s meeting of 17 July 2018 to be a member of the Audit and Risk Committee until September 2020 and therefore it is not included in the list below. = External committees

COMMITTEE Current 2018-2020

Australia Day Awards Committee All Councillors

Purpose: To assist in determining the awards for Australia Day honours. The committee is also sometimes used as a sounding board for the format and nature of events. Bush Fire Management Committee & Zone Liaison Committee

Morris / Saul (Alternate)

Purpose: To review the performance of the Rural Fire Service against the performance criteria in the service level agreement between the Rural Fire Service and Council. The committee is primarily a liaison committee for Rural Fire Service and local government. ClubGRANTS Committee Mayor / Deputy Mayor (Alternate)

Purpose: To consider applications and determine the allocation of part of the funding required to be distributed by clubs in the region from their poker machine takings to fund community groups. The composition of this committee has been developed in agreement with the various clubs. Floodplain Management Australia Mayor / Morris (Alternate)

Purpose: To engage with public agencies, elected officials and other stakeholders to improve flood safety and maximise floodplain resources through effective dialogue, collaboration, education, legislation and policy. General Manager’s Performance Review Panel

Mayor / Deputy Mayor / Hauville + 1 Councillor (GM selected)

Purpose: To undertake performance reviews of the General Manager. All councillors have input into the performance review, with the panel then undertaking the review. Local Traffic Committee Mayor Mayor Purpose: To provide advice required to satisfy the Council’s delegation from the Roads and Maritime Services for traffic matters on the road network. The committee is primarily a technical review committee. Mid North Coast Regional Arts Board Baxter

Purpose: To encourage and promote the arts in the region. The councillor is to provide the conduit between the Board and the Council. The NSW State Government funds a number of regional arts boards, this is the one that covers our region. North-East Zone Public Libraries NSW Committee

Morris

Purpose: To collaborate, to advocate and to represent the mutual interests of member libraries of the North-East Zone. Macleay Valley Economic Development and Tourism Committee

Nil (2 Councillors to be selected)


COMMITTEE Current 2018-2020

Purpose: To assist Council to collaborate with business and industry leaders in the development and implementation of a new Economic Development Strategy (including Destination Management Plan). Mayoral Community Fund Committee

All Councillors All Councillors

Purpose: To guide the allocation of monies from the Mayoral Community Fund in accordance with the Local Government Act 1993 and the Local Government Regulations 2005. Works Committee All Councillors All Councillors Purpose: Where the councillors wish to undertake a site inspection or any matter affecting the functions of the Council. It is the only committee with delegated authority. As long as a quorum exists, the Works Committee can make a binding decision on the Council. Macleay Valley Sports Council Williams / Patterson (Alternate)

Purpose: A community group formed to create a Sports Council focused on creating a unified voice within the Macleay Valley for sporting facilities and to develop a direction forward for sporting facilities in the future. South West Rocks Sport & Recreation Association

Shields / Williams (Alternate)

Purpose: SWR Sport & Rec Association represents the sport and recreation groups of SWR. They work united together towards building new and upgrading current facilities in SWR.

Public Facility Management Committees Purpose: These are committees that Council has delegated responsibility for running certain facilities owned or controlled by Council. They have not traditionally had specific councillor representation. Their structure varies depending on what the current community involvement is. They are listed for information.

Macleay Valley Community Gallery Committee Crescent Head Hall Committee Millbank Hall Committee Stuarts Point Community Hall Committee Sherwood Hall Committee SWR School of Arts Hall Committee Gladstone Youth and Community Hall Committee Smithtown Hall Committee Willawarrin Hall Committee Frederickton Hall Committee Gladstone Tennis Club South Kempsey Tennis Club Bellbrook Tennis Club Kempsey District Silver Band Committee Kalateenee Recreation Reserve Committee Friends of Wigay Committee

Recommended to disband


Natural Resources Working Group Mayor / Morris / Shields

Purpose: To provide input and advice on strategies and plans to be developed by Council. The working group meets the Council’s requirement under the NSW Coast and Estuary Program and Floodplain Development Manual that it has a mechanism for consultation between government departments, Council and the community.


13.7 CARRY OVER AND REVOTE BUDGETS Officer Ron Wood, Chief Financial Officer File No F18 Attachments 1. 2018-19 carry over and revote funding sources [13.7.1]

2. 2018-19 Carry Over [13.7.2] 3. 2018-19 Revotes [13.7.3] 4. 2018-19 carry over and revote supporting comments [13.7.4]

PURPOSE To approve carry forward of budgets for uncompleted works. RECOMMENDATION That Council adopts the proposed carry over and revote budgets as detailed in the attached tables. ISSUES While it is important to ensure sufficient budgets are in place to complete projects that are not able to be finalised by 30 June, efforts should be made to minimise budget carryovers and revotes. Reasons to minimise these include: Creating an unrealistic work schedule and associated expectations. Generally speaking, the

Council creates a program of works in the annual Operating Plan to keep staff fully employed. The effect of current carryover/revotes, for example, increases the Capital Works program by $12.2m or approximately 25%.

If not managed, the backlog of work can continue to grow.

A large amount of carryover/revotes may indicate planning and/or scheduling issues.

These budgets can impact significantly on forecast ratio performance, for example, Infrastructure renewal ratios.

Due to resourcing constraints and other priorities, we were not able to complete a full detailed review of projects eligible for carryover/revote treatment. This primarily relates to the strategic planning area, where complex funding issues and developing an achievable works program have delayed finalising these budgets. It is intended to include these revisions as part of the normal September quarterly budget review process. It is anticipated the majority, if not all of these planning works, will be funded from Environmental Levy reserves. BACKGROUND A carryover budget represents budgets for works already commenced, allowing the works to be finalised with original budget allocations. A revote budget is a budget requested to be brought forward for works not yet commenced.


Carryover/revotes are a normal feature at the end of each financial year as it is not possible to complete all works at a single point in time (i.e. by 30 June). There are many reasons for this such as environmental factors (e.g. wet weather) or due to additional works impacting through the year (e.g. additional grant-funded projects). Commentary has been attached for items over $50,000 regarding the reason these projects have been carried forward.


13.8 DELIVERY PROGRAM SIX MONTHLY UPDATE Officer Stephen Mitchell, Director Corporate and Commercial File No F18/1859 Attachments 1. DP Six Monthly Report September 2018 [13.8.1]

PURPOSE This report provides a summary of progress over the six months January to June 2018, in achieving the priority actions contained within the Delivery Program 2017-2021. RECOMMENDATION That Council notes the progress achieved in the second six monthly report of the Delivery Program 2017-2021. ISSUES The six months reflected within this Delivery Program report have seen significant organisational change within Council including the commencement of an entirely new Executive Leadership Team (ELT), implementation of a new organisational structure and the recruitment of Managers and Coordinators. These changes have impacted on the ability to collect and collate detailed operational and service level data relevant to this cycle of Delivery Program and Operating Plan reporting. BACKGROUND Section 404(5) of the Local Government Act 1993, within the Integrated Planning and Reporting Framework, requires that the General Manager reports at least every six months on the principal activities detailed in the Delivery Program. Council’s Integrated Planning is based on our long-term Community Strategic Plan (CSP) which sets out the community’s vision for the Macleay Valley in 2036. The CSP is largely aspirational and reflects a whole of Shire approach. In accordance with legislation, sitting under the CSP is a four-year Delivery Program, which outlines the primary activities Council can undertake to achieve the aims of the Community Strategic Plan. The Operating Plan then gives more specific detail and budget breakdown of the financial year actions Council will carry out to achieve the Delivery Program. Kempsey Shire Council’s planning documents are built around a number of central themes that flow through each level of planning and reporting; Healthy, Wealthy, Safe, Connected and Governance. Priority actions in each theme area have been reported on if their status is commenced, completed or deferred. Those not commenced have no reporting data associated. The table below summarises the detailed report. Healthy Wealthy Safe Connected Governance Total Actions 43 45 2 10 16 Commenced / Ongoing

32 40 2 7 14

Completed 3 2 0 0 1


Healthy Wealthy Safe Connected Governance Deferred 6 1 0 0 0 Not Yet Commenced

2 2 0 3 1


13.9 COUNCIL MEETING DATES Officer Daniel Thoroughgood, Manager – Governance and Information Services File No F18/1871 Attachments Nil

PURPOSE To adopt dates for Council meetings until the end of 2019. RECOMMENDATION That the following schedule of Council meeting dates from January 2019 up to December 2019 be adopted:

January - No Meeting Tuesday 19 February 2019 Tuesday 19 March 2019 Tuesday 16 April 2019 Tuesday 21 May 2019 Tuesday 18 June 2019 Tuesday 16 July 2019 Tuesday 20 August 2019 Tuesday 17 September 2019 Tuesday 15 October 2019 Tuesday 19 November 2019 Tuesday 17 December 2019

ISSUES Under Local Government Act 1993 (NSW) s 365 Council is required to hold at least 10 Council meetings a year, each time in a different month. Setting dates permits the advertising of the dates so that the public can know in advance when the Council will be meeting. Building works will be undertaken at the Civic Centre in the 2018/2019 financial year. During this time the Council Chambers will not be available to hold Council meetings and an alternative venue must be sought. This matter will be further reported to Council when appropriate to determine the venue for these meetings. BACKGROUND Council’s current practice is that its ordinary Council meetings be held on the third Tuesday of the month commencing at 9.00 am in the Council Chambers at the Civic Centre, West Kempsey.


13.10 CRESCENT HEAD WATER TREATMENT PLANT Officer Robert Fish, Director Operations and Planning File No F18/1757 Attachments Nil

PURPOSE To advise Council on the successful application for grant funding for the construction of the Crescent Head Water Treatment Plant under the NSW Government’s Restart NSW – Safe and Secure Water Program. RECOMMENDATION That Council accepts the offer of grant funding of $1,332,500 for the construction of the Crescent Head Water Treatment Plant under the Restart NSW – Safe and Secure Water Program. ISSUES Treated water from the existing Crescent Head Water Treatment Plant has the following known quality issues: Excessive:

o Turbidity

o Colour o Dissolved organic carbon

o Total iron

An extremely high chlorine demand that inhibits maintaining a chlorine residual throughout the reticulation system.

As a result of these issues, the existing plant may not always fully comply with the Australian Drinking Water Guidelines. Construction of a new Water Treatment Plant at Crescent Head will address these quality issues. To enable delivery of a new Crescent Head Water Treatment Plant grant funding was budgeted in Council’s 2018/19 Operational Plan. Funding under the Restart NSW – Safe and Secure Water Program now ensures delivery of the project can progress. BACKGROUND Funding under the NSW Governments Restart NSW – Safe and Secure Water Program was applied for in early 2018 to construct a new Water Treatment Plant at Crescent Head. In August an announcement of the successful funding application was made by the Member for Oxley, Melinda Pavey. The funding announced is for 25% of the total project cost, a contribution of $1,332,500 to


the $5,330,000 project. This is the maximum amount Kempsey Shire Council is eligible to receive under this program. To accept the funding Council is required to enter into a funding deed with Infrastructure NSW which sets out the requirements for Council to deliver the project. Once the funding deed is finalised it is recommended that Council accept the funding through execution of the deed by the General Manager. The announcement secures the required funding to deliver and commission the project over the next 2 years. A panel of 4 contractors was shortlisted via expression of interest in late 2017. Design and tender documents can now be finalised to allow tenders to be invited from the shortlisted contractors.


13.11 LED LIGHTING UPGRADE - STREET LIGHTING Officer Brian Ross, Coordinator Commercial Property and Facilities File No F18/1715 Attachments Nil

PURPOSE To accept Essential Energy’s proposal upgrade Category P street lighting (Minor Public Roads & Pedestrian Pathways) to Light Emitting Diodes (LED) via a bulk lamp replacement program. RECOMMENDATION 1 That Council notes that pursuant to Section 55 (3) (b) of the Local Government Act 1993,

Council does not need to go to tender for the services given that Council is entering into a contract with a State-owned corporation.

2 That Council accept “Option 1” proposal as offered by Essential Energy for the replacement

of all category P lighting (Minor Public Roads & Pedestrian Pathways) within the Kempsey Shire Council LGA to LED Lighting at a cost of $676,919.93, which is estimated to result in a net return of $1.3 million to Council over the 10-year life-cycle period.

3 That Council fund “Option 1” above from the Community Assets Reserve with the annual

recurring savings being utilised to:

a Decrease Council’s operating deficit; b Fund further energy efficiency projects (as appropriate) which generate additional

annual recurring cost savings to Council; and c Fund the establishment of a Kempsey Shire Council Energy Efficiency Strategy.

ISSUES Council’s previous Technical & Civic Services department and the newly created Commercial Business Unit have over the past 24 months been working with Essential Energy (EE) on a bulk replacement program for changing the current sodium and fluorescent lighting luminaires to LED for all minor public roads and pedestrian pathway lighting. Essential Energy’s final proposal and submission details the number of luminaires to be changed, inclusive of energy cost savings to Council, as well as discounts and contributions from Essential Energy. BACKGROUND Council was advised by Essential Energy on 15 August 2016 regarding a proposed LED Street lighting implementation program. Successful trials of the new LED lighting had been undertaken by Essential Energy, however, there was no approved pricing for Street Light Use of System (SLOUS) for the new technology. A group of Councils and other interested parties were invited to form a Streetlight Consultative Committee in association with Essential Energy. Kempsey Shire Council declined to participate in the


non-compulsory negotiation price process but did agree to accept and adopt the findings of the committee’s Implementation of LED SLUOS pricing (Attachment 1). Council received various correspondence and information from Essential Energy after the findings of the committee. Council over the proceeding months sought clarification on the number of luminaires and costs until a final proposal was presented to Council on 8 August 2018 (refer Reissue KSC – Bulk Upgrade Estimation - Attachment 2). Attachment 3 is a presentation provided by Essential Energy to explain how the calculations in Attachment 2 have been determined. The final proposal by Essential Energy was reviewed by the Commercial Business Unit and based on the information contained in that proposal, it is recommended that the Council proceed with the implementation of the changeover of 2,182 luminaires. The original proposal by Essential Energy provided four options with costs from different luminaire suppliers/manufacturers. However, during the reissue of the proposal to Council, two of the options were no longer available due to discontinuation of fittings. After undertaking an assessment of the remaining two options, it was agreed that Option 1, where all fittings would be provided by the supplier Gerard, would be the most advantageous to Council, given that: Gerard is an Australian owned and renowned company;

Gerard is widely known to provide quality products and fittings that are most reliable;

Option 1 is the lowest overall changeover cost between the two options; and

The wattage for the P3 luminaires for Option 1 is higher than the other remaining option by 7

watts per luminaire, which results in an additional operational energy cost of $122.21 per annum.

The total cost to Council for the changeover is $676,919.93. The payback period to Council of this investment is expected to be around 3.5 years based on estimated annual savings of $206,684. Essential Energy’s contribution to the changeover would be $229,721.16. The light luminaires life expectancy is 10 years, therefore considering the cost savings, the capital expenditure, as well as the life-cycle cost (LCC), the overall annual cost savings to Council would equate to $206,684.24 after the changeover, which over the remaining life expectancy of the luminaires would see a net return of $1.3 million. Council’s current annual operational expenditure budget for street lighting, inclusive of energy cost is $698,395. This figure includes Category V (main road) streetlighting which remains unchanged until future studies are undertaken by Essential Energy for appropriate LED luminaires to meet stringent safety requirements. These attachments are 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))


13.12 MORATORIUM ON FEES AND CHARGES FOR THE COMMERCIAL USE OF FOOTPATH AREAS IN THE KEMPSEY CBD

Officer Robert Fish, Director Operations and Planning File No F18/1349 Attachments 1. Procedure 1.12.18: Commercial Use of Footpaths - Kempsey CBD [13.12.1]

PURPOSE To propose an extension to the moratorium on fees and charges for the commercial use of the footpath areas in the Kempsey CBD until December 2020. The intention of this extension is to enable the continuation of the activation of the streetscape areas within the CBD. RECOMMENDATION That Council extends the moratorium on the payment of fees and charges associated with the commercial use of footpath areas within the Kempsey CBD until 1 December 2020. ISSUES Use of the footpath space for alfresco dining and retailers is seen to enhance the vibrancy and streetscape of the Kempsey CBD. Application of fees and charges on retailers occupying footpath space in the Kempsey CBD may impact the viability of businesses to use this space and detract from future applications. Should Council extend the moratorium there will not be an opportunity to generate income for commercial use of footpaths in the Kempsey CBD. For the benefits provided to the community and business, forgoing this income is not a significant financial impact and Council has not collected this income since late 2015. BACKGROUND In 2015 a procedure for the commercial use of footpaths was developed and adopted by Council. The procedure sets out approvals, fees and charges calculation (stipulated in Council’s annual schedule of fees and charges) and outlines general requirements for the occupation of footpaths. In developing this procedure works at the time in the Kempsey CBD presented an opportunity for retailers to become involved and activate the new streetscape. Impediments to retailers utilising footpath space for commercial operations related to approval mechanisms subsequently improved through the new procedure and the cost of occupying the footpath space. To address the cost of occupying the footpath space by retailers a procedure was developed to provide a moratorium on the use and administrative charges in the Kempsey CBD. At the November 2015 Ordinary Meeting Council resolved the following: That a moratorium be applied to the payment of fees and charges associated with the commercial use of footpath areas within the Kempsey CBD for two years from 1 December 2015.


In considering the moratorium benefits of activation of the footpath space in the CBD were noted and that this would improve the return on investment that Council has made in revitalising the streetscape. The period of the application of the moratorium has now expired. During the period the moratorium has been in place fees and charges for commercial use of the footpaths have not been charged across the full shire. For the same reasons the moratorium was put in place in 2015, it is considered there is merit in extending the moratorium until December 2020. A revised procedure is attached to reflect this extension. The council could consider applying the extension to purely the Kempsey CBD area, or across the shire. Should Council wish to apply the moratorium across the shire then the procedure and recommendation will require an amendment to reflect that decision.


13.13 MORATORIUM FOR COMMERCIAL AREAS IN KEMPSEY ON FEES AND CHARGES FOR SECTION 138 APPLICATIONS AND TEMPORARY ROAD CLOSURES

Officer Robert Fish, Director Operations and Planning File No F18/1847 Attachments 1. Kempsey & West Kempsey CBD Areas [13.13.1]

2. South Kempsey CBD Area [13.13.2]

PURPOSE To provide a further avenue for the support that assists in encouraging growth within the Kempsey, West Kempsey and South Kempsey CBDs, it is recommended a moratorium be put in place on fees and charges applied under section 138 of the Roads Act 1993 and for temporary road closures associated with commercial development works. RECOMMENDATION 1 That Council place on public exhibition for 28 days the proposed moratorium on fees and

charges applied under section 138 of the Roads Act 1993 and for temporary road closures for commercial development works within the Kempsey, West Kempsey and South Kempsey CBDs.

2 That Council adopts the moratorium on these fees and charges until 1 December 2020 if no

objections are received. ISSUES Should Council apply this moratorium there will not be an opportunity to generate income from fees applicable under section 138 of the Roads Act 1993 and for temporary road closures associated with commercial development work within the Kempsey CBD areas. BACKGROUND In recent years Council has put in place measures to stimulate the economy within Kempsey to assist the town in transitioning post bypass to become a vibrant space with a range of commercial opportunities to satisfy needs of residents and visitors. These measures have included Procedure 1.1.19 Interim Transitional Arrangements – Kempsey Town Centre Public Domain Section 94 Developer Contributions Plan, which outlines that Council will accept payment equivalent to 10% of the amount specified for section 94 charges in the consent (after indexation) as satisfaction of that condition, and a moratorium on fees and charges associated with commercial use of footpaths (outdoor dining and retail etc). A further avenue of assistance to reduce costs associated with commercial development within the CBD areas of Kempsey would be to reduce fees and charges applicable to impacts within road reserve areas. Council’s Schedule of Fees and Charges 2018-19 list fees applicable under section 138 of the Roads Act 1993 and for temporary road closures. These are as follows:


11. DEVELOPMENT J. Roads Act – S 138 Applications S 138 application fee – standard per application: $250.00

S 138 application fee – major works per application: $650.00

Additional inspections: $138.00

Road Opening Applications: Actual Cost + Application Fee

Erect a hoarding – including inspection – fee: $176.00

Erect a hoarding – including inspection – deposit: $823.00 26. ROAD CLOSURE Temporary - Application Fee (Investigation & Advertising): $1,762.00 This report proposes that a moratorium on these fees and charges be applied to commercial development works within the Kempsey, West Kempsey and South Kempsey CBDs. Application processes would need to continue to occur as they have in the past. The area for the moratorium to apply would be defined as those areas in these locations where business rates are charged. Mapping of these areas where business rates are currently charged is shown in the attachments. Such a moratorium provides a further incentive to make development within the proposed areas viable and has an aim of making these areas vibrant with occupied commercial space. Although often only a minor amount in the overall cost of development, fees and charges can be seen as a deterrent to development. This proposal recognises this and provides an additional incentive as outlined above. In accordance with Section 610F of the Local Government Act 1993 public notice of 28 days must be made before a determination of fees. This report recommends the moratorium on fees and charges applied under section 138 of the Roads Act 1993 and for temporary road closures (as listed in Council's Schedule of Fees & Charges 2018-19) for commercial development works within the Kempsey, West Kempsey and South Kempsey CBDs be placed on public exhibition.


13.14 PECUNIARY INTEREST RETURNS AND DECLARATIONS Officer Daniel Thoroughgood, Manager – Governance and Information Services File No F18/1961 Attachments Nil

PURPOSE To table Disclosure of Interest Returns lodged by Councillors and Designated Persons in accordance with section 450A (2) of the Local Government Act 1993. RECOMMENDATION That the lodgement and tabling of the 2018/2019 Pecuniary Interest Returns be noted. ISSUES Section 449 of the Local Government Act 1993, requires the Mayor, Councillors, General Manager, Directors and nominated designated staff to submit a pecuniary interest return by 30 September each year. The register of Returns of designated persons is tabled at this meeting for public perusal or by appointment.


13.15 PROCEDURE ON PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO THE MAYOR AND COUNCILLORS

Officer Daniel Thoroughgood, Manager – Governance and Information Services File No F18/1933 Attachments 1. 5.1.5 - V 8 Payment of Expenses and Provision of Facilities for Councillors -

Draft 2 [13.15.1]

PURPOSE To adopt the Council’s procedure on the payment of expenses and provision of facilities to the Mayor and Councillors. RECOMMENDATION That the procedure on payment of expenses and provision of facilities for the Mayor and Councillors are further amended and placed on public exhibition for a period of not less than 28 days. ISSUES Council at its meeting held on 15 May 2018 considered the Procedure on Payment of Expenses and Provision of Facilities to the Mayor and Councillors and resolved to place the procedure on public exhibition for 28 days. The public exhibition period closed on Friday 14 September 2018. There were no submissions received at the time this report was prepared. Submissions subsequently received will be tabled at the meeting. It has subsequently been identified that when the procedure was amended in December 2017 the definition of “appropriate beverages” and allowable meal expenses were varied to exclude alcohol from being provided contrary to customary practice which has been to allow an alcoholic beverage within the otherwise allowable limits. The policy has been amended to correct this definition. Given the modification broadens the definition of the allowable category of expense the variation is not seen to be minor and therefore requires public exhibition prior to adoption.


13.16 STATEMENT OF CASH AND INVESTMENTS - AUGUST 2018 Officer Ron Wood, Chief Financial Officer File No N/A Attachments 1. August 2018 Investment Details [13.16.1]

2. Investment Performance Chart August 2018 [13.16.2] 3. Statement of bank balances - August 2018 [13.16.3]

PURPOSE In accordance with the Local Government (General) Regulation 2005 (the Regulation), a report on investments is to be provided monthly to Council. RECOMMENDATION That the report is noted. ISSUES Council's investments are in accordance with the Local Government Act (1993) and the Council's investment policy. Year to date (YTD) budgets have currently been allocated equally across the financial year. Based on current budgets, there is an expectation that overall total cash holdings will reduce as works are completed. Water and Sewer funds, in particular, have relatively significant works programs. As a result YTD actual income is currently exceeding budget, however, if cash balances reduce as forecast, actual investment income should trend back to the budget. It is too early to determine if forecast budget income will be exceeded and require adjustment. BACKGROUND Clause 212 of the regulation states: Local Government (General) Regulation 2005 Part 9 Division 5 Clause 212 212 Reports on council investments

(1) The responsible accounting officer of a council: (a) must provide the council with a written report (setting out details of all money that the council has invested under section 625 of the Act) to be presented: (i) if only one ordinary meeting of the council is held in a month, at that meeting, or (ii) if more than one such meeting is held in a month, at whichever of those meetings the council by resolution determines, and (b) must include in the report a certificate as to whether or not the investment has been made in accordance with the Act, the regulations and the council’s investment policies. (2) The report must be made up to the last day of the month immediately preceding the meeting. Note. Section 625 of the Act specifies the way in which a council may invest its surplus funds.


13.17 DEVELOPMENT APPROVALS AND CONSTRUCTION CERTIFICATES Officer Graham Snow, Manager Development and Compliance File No 329 Attachments Nil

PURPOSE To report that the following applications have been determined for the period of August 2018 and include approvals by Private Certifiers. RECOMMENDATION That the information is noted. REPORT DETAILS Council Report on Local Development Applications, Modifications and Review of Determinations 2017/LD-00303 Lot 1 DP1205585 MACLEAY VALLEY WAY SOUTH KEMPSEY INDUSTRIAL SUBDIVISION (ONE LOT INTO FIVE LOTS) Applicant: THURGOOD D & THURGOOD H 2018/LD-00152 Lot 445 DP813607 48 DIRRIKEE HILL ROAD SOUTH KEMPSEY FOUR (4) LOT SUBDIVISION Applicant: HOPKINS CONSULTANTS PTY LIMITED 2018/LD-00160 Lot 1 SP14441 1/4 EAST STREET CRESCENT HEAD CHANGE OF USE OF EXISTING BUILDING TO A RETAIL PREMISES AND CAFE Applicant: PANDANUS BOUTIQUE PTY LTD 2018/LD-00177 Lot 162 DP752438 17 FIRST AVENUE STUARTS POINT DETACHED DUAL OCCUPANCY & SUBDIVISION (ONE LOT INTO TWO LOTS) Applicant: DIXONBUILD PTY LTD 2018/LD-00192 Lot 2 DP863942 316B RIVER STREET GREENHILL DWELLING AND SHED Applicant: MR D KILPATRICK 2018/LD-00193 Lot 3 DP628804 556 OLD COAST ROAD KUNDABUNG DWELLING Applicant: BARNES G & BARNES D 2018/LD-00206 Lot 102 DP829090 2 PRINCE STREET SOUTH KEMPSEY INDUSTRIAL RETAIL OUTLET (BREWERY CELLAR DOOR) Applicant: BUCKET BREWERY PTY LTD 2014/LD-00040 REV02 Lot 4 DP1200590 1540 COLLOMBATTI ROAD COLLOMBATTI DWELLING Applicant: MR T N J FELTON


2018/LD-00223 Lot 9 DP40088 3 KILLUKE CRESCENT CRESCENT HEAD ADDITIONS TO EXISTING PRESCHOOL Applicant: CRESCENT HEAD COMMUNITY PRE-SCHOOL INC 2018/LD-00229 Lot 10 DP1120281 SPOONERS AVENUE COLLOMBATTI DWELLING Applicant: MR B A HUDSON 2018/LD-00232 Lot 161 DP545982 8 MARRIOTT STREET SOUTH WEST ROCKS CHANGE OF USE FROM DETACHED GARAGE TO A SECONDARY DWELLING AND ATTACHED CARPORT Applicant: MOMENTUM PROJECT SOLUTIONS 2018/LD-00233 Lot 5 DP262433 7-9 REGINALD WARD STREET SOUTH KEMPSEY ADDITIONS TO EXISTING EDUCATIONAL ESTABLISHMENT (STAFF ROOM) Applicant: MACLEAY VALLEY WORKPLACE LEARNING CENTRE 2018/LD-00241 Lot 1 DP1088036 YORK LANE KEMPSEY ALTERATIONS & ADDITIONS TO REGISTERED CLUB Applicant: HOPKINS CONSULTANTS PTY LIMITED 2013/LD-00223 REV03 Lot 176 DP754400 591 LOFTUS ROAD CRESCENT HEAD TWO (2) DWELLINGS Applicant: MR A J CASTLE 2018/LD-00242 Lot 2 DP1168062 93 MIGHELL LINK ROAD YARRAHAPINNI THIRD STOREY ADDITION & ALTERATIONS TO EXISTING DWELLING Applicant: MR S LOCKHART 2018/LD-00246 Lot 23 DP1014666 5 PENN PLACE CRESCENT HEAD CONTINUED USE OF AN EXISTING BUILDING AS A SECONDARY DWELLING Applicant: MR R M FERGUSSON 2018/LD-00249 Lot 4 DP22697 11 PETER MOUATT STREET SOUTH WEST ROCKS ALTERATIONS AND ADDITIONS TO EXISTING TWO STOREY DWELLING Applicant: MRS A F PARKER 2018/LD-00250 Lot 8 DP257410 3 RONALD LALOR PLACE EAST KEMPSEY ATTACHED CARPORT Applicant: BUSCH S & BUSCH G 2018/LD-00252 Lot 55 DP752429 137 TOMS GULLY ROAD HICKEYS CREEK SHED Applicant: MACLEAY VALLEY SHEDS 2017/LD-00187 REV01 Lot 12 DP1069003 70 CYRUS SAUL CIRCUIT FREDERICKTON SUBDIVISION (ONE LOT INTO THREE LOTS) Applicant: PRAKHYA P & PRAKHYA N 2018/LD-00254 Lot 2 DP548165 811 MUNGAY CREEK ROAD MUNGAY CREEK


CONTINUED USE OF EXISTING DWELLING ADDITIONS Applicant: ANDERSON J & HALLETT S 2018/LD-00256 Lot 25 DP23100 65 OCEAN AVENUE STUARTS POINT ADDITIONS TO EXISTING DWELLING Applicant: MR S J COULSON 2018/LD-00257 Lot 8 DP1676 102 BROUGHTON STREET WEST KEMPSEY ADDITIONS TO EXISTING TWO STOREY DWELLING Applicant: MRS J A HOVENDEN 2016/LD-00185 REV01 Lot 1 DP1191860 200 ILLA LANGI ROAD CRESCENT HEAD DWELLING (SITE 40) Applicant: MR J FITZPATRICK 2018/LD-00258 Lot 1 DP1014325 601 SMITHS CREEK ROAD KUNDABUNG CONTINUED USE OF AN EXISTING BUILDING AS A DWELLING Applicant: MR D W SMITH 2018/LD-00261 Lot 1012 DP828588 360 CRESCENT HEAD ROAD SOUTH KEMPSEY SHED Applicant: SHEDS N HOMES MID NORTH COAST 2018/LD-00262 Lot 15 DP758505 6 BAY STREET HAT HEAD CONSTRUCT DETACHED STORAGE BUILDING, ALTERATIONS & ADDITIONS TO EXISTING DWELLING, GARAGE & CARPORT Applicant: MS T A RASH 2018/LD-00264 Lot 1 DP1231357 78-114 MACLEAY STREET FREDERICKTON SUBDIVISION (ONE LOT INTO TWO LOTS) Applicant: THOMPSON HEALTH CARE PTY LTD 2018/LD-00267 Lot 7 DP877046 419 FISHERMANS REACH ROAD FISHERMANS REACH ADDITIONS TO EXISTING DWELLING Applicant: NELSON S & NELSON C 2018/LD-00268 Lot 1 DP1152519 2400 SOUTH WEST ROCKS ROAD KINCHELA SHED Applicant: PRATTEN T & PRATTEN D 2018/LD-00234 REV01 Lot 8A DP17560 156 SOUTH WEST ROCKS ROAD HAMPDEN HALL DWELLING Applicant: WELSBY J & WELSBY B 2018/LD-00057 REV01 Lot 3 DP259465 1048 POINT PLOMER ROAD CRESCENT HEAD DWELLING Applicant: MORRIS D & MORRIS L 2013/LD-00137 REV03 Lot 1 DP1205585 MACLEAY VALLEY WAY SOUTH KEMPSEY SUBDIVISION CLEARING AND EARTHWORKS Applicant: MIKE WORTHING EARTHMOVING


2018/LD-00272 Lot 3 DP27508 30 ALVERTON STREET GREENHILL SWIMMING POOL Applicant: MS B D BRACK 2018/LD-00273 Lot 72 DP1071483 23 BUNYA PINE COURT WEST KEMPSEY FRONT BOUNDARY FENCE Applicant: MORLEY N & MORLEY J 2018/LD-00274 Lot 7 DP1090002 WEST STREET SOUTH KEMPSEY DWELLING Applicant: MR W G HALLETT 2018/LD-00275 Lot 30 DP759080 TOZER STREET WEST KEMPSEY ALTERATIONS TO EXISTING AGED CARE FACILITY Applicant: COMMUNITY GATEWAY INC 2015/LD-00200 REV02 Lot 1 DP513039 19 COOPER STREET SOUTH WEST ROCKS DUAL OCCUPANCY Applicant: MR R S LOCKWOOD 2018/LD-00278 Lot 1 DP1191860 200 ILLA LANGI ROAD CRESCENT HEAD DWELLING AND DETACHED GARAGE Applicant: PASCOE C & RONCHETTI J 2018/LD-00279 Lot 13 DP1168206 61 HILLVIEW DRIVE YARRAVEL DWELLING - COMPLYING DEVELOPMENT PRIVATE CERTIFIER Applicant: MR R L JONES 2018/LD-00280 Lot 102 DP1197303 40 OAK STREET HAT HEAD GARAGE Applicant: INNOVATE BUILDING DESIGN 2018/LD-00281 Lot 5 DP792877 20 STEWART PLACE EUROKA SWIMMING POOL - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: MR D J READ 2018/LD-00284 Lot 5 DP246716 157 YARRABEE ROAD KUNDABUNG DEMOLITION OF EXISTING DWELLING AND SHED Applicant: YOUR PROPERTY PLANNING 2018/LD-00292 Lot 4 DP568532 32 RIVERSIDE DRIVE KINCHELA SHED Applicant: MACLEAY VALLEY SHEDS (Please note: This includes approvals by Private Certifiers). Type No Sub Value Complying Development (SEPP) 4 4 $303,190.00 Local Development 32 32 $3,317,529.33 Modifications 8 8 -


There were 44 applications approved with a value of $3,620,719.33.

For the financial year to date, there have been 70 approvals including 12 modifications approved. The 70 approvals have a value of $5,911,153.66. Council Report on Development Applications refused, withdrawn or rejected 2018/LD-00162 Lot 11 Sec 8 DP758444 85 KINCHELA STREET GLADSTONE

DEMOLISH EXISTING GARAGE & CONSTRUCT NEW GARAGE Withdrawn by applicant

2018/LD-00240 Lot 4014 DP611128 483 AUSTRAL EDEN INNER ROAD AUSTRAL EDEN

ADDITIONS TO EXISTING TWO STOREY DWELLING, SWIMMING POOL, SPA AND ADDITIONS TO EXISTING SHED

Withdrawn by applicant 2017/LD-00090 Lot 4014 DP611128 483 AUSTRAL EDEN INNER ROAD AUSTRAL EDEN SAWMILL AND TIMBER STORAGE AREA

Withdrawn by applicant Council Report on Construction Certificates Building 2018/CB-00151 Lot 3 DP628804 556 OLD COAST ROAD KUNDABUNG DWELLING Applicant: BARNES G & BARNES D 2018/CB-00185 Lot 10 DP1120281 SPOONERS AVENUE COLLOMBATTI DWELLING Applicant: MR B A HUDSON 2018/CB-00192 Lot 2 DP1168062 93 MIGHELL LINK ROAD YARRAHAPINNI THIRD STOREY ADDITION & ALTERATIONS TO EXISTING DWELLING Applicant: MR S LOCKHART 2018/CB-00199 Lot 4 DP22697 11 PETER MOUATT STREET SOUTH WEST ROCKS ALTERATIONS AND ADDITIONS TO EXISTING TWO STOREY DWELLING Applicant: MRS A F PARKER 2018/CB-00200 Lot 4 DP1200590 1540 COLLOMBATTI ROAD COLLOMBATTI DWELLING Applicant: FELTON T & HALLIDAY D 2018/CB-00201 Lot 8 DP257410 3 RONALD LALOR PLACE EAST KEMPSEY ATTACHED CARPORT Applicant: BUSCH S & BUSCH G 2018/CB-00202 Lot 55 DP752429 137 TOMS GULLY ROAD HICKEYS CREEK SHED Applicant: MACLEAY VALLEY SHEDS


2018/CB-00203 Lot 8 DP1676 102 BROUGHTON STREET WEST KEMPSEY ADDITIONS TO EXISTING TWO STOREY DWELLING Applicant: MRS J A HOVENDEN 2016/CB-00133 REV01 Lot 1 DP1191860 200 ILLA LANGI ROAD CRESCENT HEAD DWELLING (SITE 40) Applicant: MR J FITZPATRICK 2018/CB-00207 Lot 15 DP758505 6 BAY STREET HAT HEAD CONSTRUCT DETACHED BEDROOMS, ALTERATIONS & ADDITIONS TO EXISTING DWELLING, GARAGE & CARPORT Applicant: MS T A RASH 2018/CB-00208 Lot 7 DP877046 419 FISHERMANS REACH ROAD FISHERMANS REACH ADDITIONS TO EXISTING DWELLING Applicant: NELSON S & NELSON C 2018/CB-00209 Lot 1 DP1152519 2400 SOUTH WEST ROCKS ROAD KINCHELA SHED Applicant: PRATTEN T & PRATTEN D 2018/CB-00210 Lot 2 DP29562 6 SEAVIEW STREET SOUTH WEST ROCKS ALTERATIONS AND ADDITIONS TO EXISTING TWO STOREY DWELLING Applicant: WOOD P & WOOD C 2018/CB-00211 Lot 121 DP1051855 31 DENNIS CRESCENT SOUTH WEST ROCKS TWO RESIDENTIAL DWELLINGS ONLY - PRIVATE CERTIFIER Applicant: PERRY HOMES (AUST) PTY LTD 2018/CB-00212 Lot 3 DP27508 30 ALVERTON STREET GREENHILL SWIMMING POOL Applicant: MS B D BRACK 2018/CB-00213 Lot 521 DP841584 138A THERESA STREET SOUTH KEMPSEY DETACHED STUDIO - PRIVATE CERTIFIER Applicant: BURRETT S & BURRETT L 2018/CB-00214 Lot 1012 DP828588 360 CRESCENT HEAD ROAD SOUTH KEMPSEY SHED Applicant: SHEDS N HOMES MID NORTH COAST 2018/CB-00215 Lot 7 DP1090002 WEST STREET SOUTH KEMPSEY DWELLING Applicant: MR W G HALLETT 2018/CB-00216 Lot 72 DP1071483 23 BUNYA PINE COURT WEST KEMPSEY FRONT BOUNDARY FENCE Applicant: MORLEY N & MORLEY J 2018/CB-00218 Lot 1 DP1191860 200 ILLA LANGI ROAD CRESCENT HEAD


DWELLING AND DETACHED GARAGE Applicant: PASCOE C & RONCHETTI J 2018/CB-00219 Lot 102 DP1197303 40 OAK STREET HAT HEAD GARAGE Applicant: INNOVATE BUILDING DESIGN 2018/CB-00220 Lot 13 DP1168206 61 HILLVIEW DRIVE YARRAVEL DWELLING - COMPLYING DEVELOPMENT PRIVATE CERTIFIER Applicant: MR R L JONES 2018/CB-00221 Lot 5 DP792877 20 STEWART PLACE EUROKA SWIMMING POOL - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: MR D J READ 2018/CB-00222 Lot 30 DP759080 TOZER STREET WEST KEMPSEY ALTERATIONS TO EXISTING AGED CARE FACILITY Applicant: COMMUNITY GATEWAY INC 2018/CB-00223 Lot 5 DP246716 157 YARRABEE ROAD KUNDABUNG DEMOLITION OF EXISTING DWELLING AND SHED Applicant: YOUR PROPERTY PLANNING 2018/CB-00225 Lot 4 DP568532 32 RIVERSIDE DRIVE KINCHELA SHED Applicant: MACLEAY VALLEY SHEDS There were 26 applications approved. (Please note: This includes approvals by Private Certifiers). VARIATIONS TO DEVELOPMENT STANDARDS IN KEMPSEY LEP In accordance with a Department of Planning and Environment direction, all applications determined involving the use of SEPP 1 or clause 4.6 of KLEP 2013 to vary a development standard are required to be reported to Council for information. During the preceding month, there was one application approved which involved the use of clause 4.6. Application number: T6-18-192 Subject land: Lot 2 DP863942, 316B River Street, Greenhill Description: DWELLING AND SHED Clause: 4.2A Development requirement: 40 hectares Proposed: 1.15 hectares Objections: The proposal was not required to be publicly

notified. Planning comment: This application was reported to Council for determination in August 2018. See Agenda for the full report.


VARIATION TO THE DEVELOPMENT REQUIREMENTS CONTAINED IN KEMPSEY DCP 2013 All development applications determined involving variations to the development requirements contained in Kempsey DCP 2013 are required to be reported to the Council for information. During the preceding month, there were no applications approved involving variations to the development requirements contained in Kempsey DCP 2013.


14 RESCISSION MOTIONS Nil


15 NOTICES OF MOTION 15.1 2018 GARAGE SALE TRAIL PARTICIPATION Councillor Leo Hauville File No F18/2078 Attachments Nil

PURPOSE I intend to move the following motion at the ordinary meeting to be held Tuesday 18th September 2018. RECOMMENDATION 1 That Kempsey Shire Council participate in the 2018 Garage Sale Trail. 2 That after the Community’s participation in the 2018 Garage Sale Trail a separate report for

determination be brought to December Council on the benefits for continued participation. ISSUES The 2018 Garage Sale Trail would be a two-day event held on the 21st and 22nd October. Participation would help encourage reuse and reduce waste throughout the Shire. The costs involved should be far outweighed by the benefits of reduced landfill costs Forty-two (42) other NSW Councils are participating due to their consideration of the benefits to their Shire Communities. More than one hundred and fifty participants Australia wide also see the benefits. The Acting General Manager wrote in July 2017 “However participation in the following year (October 2018) could become part of the ongoing education campaign for waste management.” Anecdotal evidence from Community members have a negative view of Council in its non-participation in road side pickups of unwanted furniture etc, which neighbouring Councils undertake annually. A garage sale trail participation would enable people to clear out their unwanted goods with a bonus of some income. This extra money would aid the local economy. BACKGROUND Limited Report The report from council staff contained in the Progress section of Matters in Progress to August Council demonstrated a limited investigation. It was fifty-two words. A cursory view of the Garage Sale Trial Website would have made clear the event was not one day but two days of a weekend in October. (“…to promote a single garage sale day…” was found in the August report). We do not know from this report: How many staff were involved in writing the report


Who the author was of these 52 words How the estimated cost of “up to $15k” was arrived at What were the resourcing impacts What benefits would be gained if participation was to proceed A possibility of reduced landfill costs Of an independently Council run garage sale weekend. Of a possible education campaign What data was garnered as reported in November 2017 Why the report being prepared for the June Council was not presented Why the November data and the May report being finalised was condensed to only 52

words August 2018 report in Matters I n Progress 8 November 2017 Data has been gathered regarding previous garage sales and report to be prepared. 4 May 2018 A report is currently being finalised and will be reported to the June Council meeting. Responsibility for this action has now transferred to Director Corporate & Commercial 9 August 2018 Council staff have investigated participation in the Garage Sale Trail and recommend that Council does not participate as the financial and resourcing impacts to promote a single garage sale day is not considered financially feasible. It is estimated that Council would have to budget up to $15k to ensure it was successful. Costs “Not financially feasible” and “financial and resourcing impacts” were not outlined definitively in the August 2018 report to be fully inform Councillors. The Working Account has around $1,000,000 for unforeseen costs (fact from the previous General Manager’s answer to a Councillor question). In the recent past there have been such costs as $15,000 for the Mayoral Ball expended without the Ball being held, over $24,000 over-budget expenditure on the Macleay River Festival, unknown extra costs in the Airport Refuelling system, etc. In contrast to the estimated $15K cost of participation many hundreds of thousands of dollars will have to be found if grant applications are successful. There was no financial assessment of an independently Council run garage sale weekend. This option was not addressed in the August report despite it being a part of the July 2017 resolution. July 2017 Resolution The decision of Council in July 2017 was unanimous: RESOLVED


Moved: Cl. Morris & Seconded: Cl. McGinn That Kempsey Shire Council receives a report concerning the participation in the Garage Sale Trail from 2018 or an independently Council run garage sale weekend. July 2017 NOM information from pages 59 and 60 of the full text minutes of Kempsey Shire Council ordinary meeting held 18 July 2017.: ISSUES Participation in the Garage Sale Trail will give heightened awareness of the Kempsey Shire Council (KSC) new Waste Management organisation and further encourage community members to recycle, reuse and reduce waste. At present KSC has no organised roadside waste collection on a yearly basis like many other NSW Councils do; this program participation will reduce waste being sent to waste fill. Community interaction is a significant outcome. Successful participation by the Port Macquarie Hastings Council in 2016 is reported in the (Appendix J). This outlines many positives and welcome statistics involving education, sustainability and community development. BACKGROUND The Company organising this national project provide a wide range of resources to enable success for Councils who join the campaign. The small cost of participating is outweighed by the possible savings in recycling and reusing of household items. The cost of participation has been reduced, and the resources and support for Council staff has been increased since KSC last participated in 2013. General Managers Additional Information Additional information relevant to this matter is presented in response to a councillor question in Item 19. QFNM4 LJH The quoted costs to participate are $4,000 for 2 years or $3,500 for 3 years. This is the fee paid to the company who sells subscriptions to their developed resource kit. There is additional input required from Council staff to make the campaign successful. This primarily involves communication staff and is estimated to have a real cost or opportunity cost of around $10,000. With the current changes to waste management services and the communications actions already planned between now and October consideration be given that we don’t participate this year. However, participation in the following year (October 2018) could become part of the ongoing education campaign for waste management.


Information from the Garage Sale Trail website “Garage Sale Trail is one BIG WEEKEND of garage sales that's happening right across Australia on October 20 and 21. It’s an idea to help encourage reuse, reduce waste and minimise our impact on mother nature. Register here. We believe small actions drive BIG change. So while one garage sale on its own won’t make much difference, when hundreds of thousands of Australians get together in streets, community centres and schools to buy, sell and reuse at garage sales over a weekend… well, that’s a whole lotta difference. Garage Sale Trail happens with the support of 146 Council partners and more than 400,000 bargain hunting, reuse loving Australians -who this year will shop and sell at more than 15,000 garage sales Australia-wide Every garage sale has a unique name and its own sale page that provides clues to who's involved, what’s on offer and anything else that’s going down. Likewise, shoppers can search for sales, items of interest and make your own Trail of favourite sales to checkout.”

Garage Sale Trail Website https://www.garagesaletrail.com.au/

https://garagesaletrail.com.au/register


NSW Participating Councils for the 2018 Garage Sale Trail: 1. Albury City Council 2. Armidale Regional Council 3. Blacktown City Council 4. Blayney Shire Council 5. Central Coast Council 6. City of Canada Bay Council 7. City of Parramatta Council 8. City of Sydney 9. Eurobodalla Shire Council 10. Federation Council 11. Glen Innes Severn Council 12. Goulburn Mulwaree Council 13. Greater Hume Shire Council 14. Gunnedah Shire Council 15. Gwydir Shire Council 16. Hilltops Council 17. Hunter's Hill Council 18. Inner West Council 19. Inverell Shire Council 20. Liverpool Plains Shire Council 21. Moree Plains Shire Council 22. Narrabri Shire Council

23. Newcastle City Council 24. Queanbeyan-Palerang Regional

Council 25. Randwick City Council 26. Shellharbour City Council 27. Snowy Monaro Regional Council 28. Snowy Valleys Council 29. Strathfield Municipal Council 30. Sutherland Shire Council 31. Tamworth Regional Council 32. Tenterfield Shire Council 33. The Hills Shire Council 34. Upper Lachlan Shire Council 35. Uralla Shire Council 36. Walcha Council 37. Waverley Council 38. Wingecarribee Shire Council 39. Wollondilly Shire Council 40. Wollongong City Council 41. Woollahra Municipal Council 42. Yass Valley Council

General Manager’s Comment The organisational change at KSC since the July 2017 GM comment means that Council currently have skeleton staff levels in waste, communications and community engagement. Of primary relevance is the vacant Waste Education Officer position. The Garage Sale Trail initiative was not included, requested or resourced within the 2018-2019 Operating Plan. Diverting council’s limited resources to facilitate this single event will come at the expense of working on other projects already prioritised. From the eight MIDWASTE regional councils that participated in 2012 and 2013, only PMHC continued but did not participate last year nor will it this year. All our neighbouring regional councils agree the resource allocation required cannot be justified against the many other pressing waste issues and projects requiring attention. The conclusion of the Midwaste councils is that the costs involved do not outweigh the benefits of reduced landfill costs. Participation may encourage reuse for a limited number of participants in the community, but it would always be a minority. Widespread education campaigns focus on a message of reducing waste as well as reuse. Any resident is free to hold a garage sale on any weekend to clear unwanted goods and there are numerous garage sales held each weekend around the Valley. Our council resolved not to offer kerbside bulky goods collections as part of the domestic waste contract after a data review noted covering the increasing disposal cost only raises rates pressure and noting that all neighbouring councils recommended against it. Council instead offers ratepayers two free waste vouchers each year to help dispose of bulky wastes.

http://www.alburycity.nsw.gov.au/

http://www.armidaleregional.nsw.gov.au/

https://www.blacktown.nsw.gov.au/Home

http://www.blayney.local-e.nsw.gov.au/

http://www.centralcoast.nsw.gov.au/

http://www.canadabay.nsw.gov.au/

http://www.parracity.nsw.gov.au/

http://www.cityofsydney.nsw.gov.au/

http://www.esc.nsw.gov.au/

http://www.federationcouncil.nsw.gov.au/

http://www.gisc.nsw.gov.au/

http://www.goulburn.nsw.gov.au/

http://www.greaterhume.nsw.gov.au/

http://www.infogunnedah.com.au/

http://www.gwydirshire.com/

http://www.hilltops.nsw.gov.au/

http://www.huntershill.nsw.gov.au/

http://www.innerwest.nsw.gov.au/

http://www.inverell.nsw.gov.au/

http://www.lpsc.nsw.gov.au/

http://www.mpsc.nsw.gov.au/

http://www.narrabri.nsw.gov.au/

http://www.newcastle.nsw.gov.au/

http://www.qprc.nsw.gov.au/

http://www.qprc.nsw.gov.au/

http://www.randwick.nsw.gov.au/

http://www.shellharbour.nsw.gov.au/

http://www.snowymonaro.nsw.gov.au/

http://www.snowyvalleys.nsw.gov.au/

http://www.strathfield.nsw.gov.au/

http://www.sutherland.nsw.gov.au/

http://www.tamworth.nsw.gov.au/

http://www.tenterfield.nsw.gov.au/

http://www.thehills.nsw.gov.au/

http://www.upperlachlan.local-e.nsw.gov.au/

http://www.uralla.local-e.nsw.gov.au/

http://www.walcha.nsw.gov.au/

http://www.waverley.nsw.gov.au/

http://www.wsc.nsw.gov.au/

http://www.wollondilly.nsw.gov.au/

http://www.wollongong.nsw.gov.au/

http://www.woollahra.nsw.gov.au/

http://www.yassvalley.nsw.gov.au/


Should Council wish to participate in this initiative in future years then the Council needs to highlight this in the Delivery Program and Operational Plan process and allocate sufficient resources for this to occur.


16 DELEGATES REPORTS Nil 17 COMMITTEE REPORTS 17.1 LOCAL TRAFFIC COMMITTEE MEETING HELD ON 4 SEPTEMBER 2018 Officer Robert Fish, Director Operations & Planning File No F18/1958 Attachments 1. Local Traffic Committee Minutes 4 September 2018 [17.1.1]

PURPOSE For Council to adopt the minutes of the Local Traffic Committee meeting held on 4 September 2018. RECOMMENDATION That Council notes the minutes and adopt the recommendations of the Local Traffic Committee meeting of 4 September 2018. ISSUES A copy of the minutes of the meeting of the Local Traffic Committee held on 4 September 2018 are attached.


18 DELIVERY PROGRAM PERFORMANCE INDICATORS Nil


19 COUNCILLOR QUESTIONS COUNCILLOR A T SHIELDS FILE: F12/1945 SMM QFNM1 Community members are concerned about the amount of graffiti occurring at the South West Rocks Skate Park. What can be done to reduce this graffiti? It was suggested to publicise graffiti tags so that the offenders can be identified? RESPONSE: The Graffiti Blasters volunteer team have been scheduled to clean this site over the weekend of September 21-23. Community partnership staff are also investigating participation in Graffiti Removal Day on October 2, where SWR may be a nominated site. COUNCILLOR B J MORRIS FILE: F12/1945 CLM QFNM1 Given the General Managers answer to a question for next meeting at the April 2018 meeting in relation to aircraft fuel at the Kempsey Airport, being ‘The General Manager advised that the fuel does not have a shelf life, it will not become unusable over time and appropriate de-watering is taking place.’ What caused the AvGas to expire as reported to a question for next meeting from the July 2018 Council Meeting? Was the advice given to Council at the April 2018 meeting incorrect? RESPONSE: The advice given to Council staff from the fuel supplier was incorrect. The fuel does have a shelf-life/life cycle, however, this is a guide only. Avgas fuel life cycle varies dependant on how it is stored and for a bulk fuel tank, the lifecycle is approximately 3 months. Therefore, after 3 months the fuel must be tested to ensure it still meets the specification for aviation use. On the 24 May 2018 Council engaged an independent company to test the Avgas fuel which was approximately 9 months old. The Avgas fuel failed to meet the minimum specification requirement and cannot be re-batched for aviation sale. It is likely that the fuel has expired due to the length of storage. The fuel was stored correctly, daily dewatering was undertaken and there is no evidence of contamination. COUNCILLOR B J MORRIS FILE: F12/1945 CLM / SMM QFNM2 In relation to the expired AvGas at the Kempsey Airport fuel installation, what quantity of fuel has expired? What was the purchase price of that fuel? What is the anticipated cost to dispose of this fuel? RESPONSE: The anticipated cost to dispose of the fuel is $13,282.50 including GST. After daily sampling and dewatering which has been completed since August 2017 the anticipated volume for disposal will be 17,000 litres. The purchase price of the fuel was $40,478.00 including GST for 22,880 litres of Avgas. COUNCILLOR B J MORRIS FILE: F12/1945 SMM QFNM3 It is apparent that additional works are being undertaken to make the new fuel


installation at Kempsey Airport compliant. Why were these works not included in the original scope of works? What is the scope (extent) of the works required to make the fuel installation compliant? What is the projected cost of these works? Is there a budget for these works within the operating plan and are these works within budget allocation? RESPONSE: The following scope of works are required to make the fuel installation compliant: Provide emergency stops for the infill and dispersing pumps Install lightning protection and earthing of the fuel tanks Provide Inspection Test Records for all electrical equipment Install flood lighting over the facility and apron area. The works were included in the original scope of works and Council was of the understanding that Australian Fuelling Systems and Equipment (AFSE) would provide the above-mentioned (with the exception of the floodlighting and test records) because AFSE designed the facility and as part of the tender made the following assurances: Details of the exact locations and power requirements will be provided by the .dwg

plan as required. All equipment supplied and installed by AFSE shall have a compliant junction for

connection to electricity supply. Furthermore, AFSE supplied all the electrical equipment which included: the infill pumps, the dispensing pumps, tanks monitoring equipment, the DOL stop/start stations for the infill pumps and the DCAs (merchant facilities). There is a budget for these works which is as part of the original allocation. A detailed report regarding the airport fuel system is currently being prepared. This report will be tabled at a future Council meeting. COUNCILLOR B J MORRIS FILE: F12/1945 SMM QFNM4 What is the anticipated date for the art installation at the Frederickton roundabout? When will details of these works be advised to the community? RESPONSE: Following the sudden death of the original commissioned artist, staff have worked through a lengthy review and renegotiation process to be able to ensure delivery of the concept as intended. A revised Commission Agreement has now been signed with artist Tina Lee (a partner to the original commission) and it is anticipated installation will be completed by the end of the year. The Gateway Sculptures section of Council’s website will be updated prior to physical work commencing. Social and traditional media will also be used to increase community awareness of the project. COUNCILLOR L J HAUVILLE FILE: F12/1945 RAF QFNM1 Will Council ascertain whether there is an Australian standard requirement for road line-marking paint which is required for semi-autonomous vehicles using lane-keeping technology? If there is a standard, does the KSC contractor for road line-marking using


such paint? RESPONSE: There is no Australian Standard requirement with regard to line-marking paint required for semi-autonomous vehicles to operate. Roads and Maritime Services specifications also do not specify any requirements related to these vehicles. Research undertaken suggests that the visibility of line-marking is the key attribute for sensors on semi-autonomous vehicles to detect line-marking effectively. KSC contractors used for line-marking undertake work in accordance with Australian Standards and RMS Specifications. COUNCILLOR L J HAUVILLE FILE: F12/1945 CLM QFNM2 Was the GHD report: Kempsey Shire Council Kempsey Cinema Cost-Benefit Analysis November 2017 page 5 Section 1.6.1 correct in stating that a local builder had been given the contract for construction of the Cinema at the time of the publication of this document? RESPONSE: Advice from Gowings at the time of the GHD report was that O Donnell & Hanlon were the preferred Contractors subsequent to receipt of the initial tender submission. COUNCILLOR L J HAUVILLE FILE: F12/1945 SMM QFNM3 What is the estimated costing of decommissioning and rehabilitating the site of the old fuelling system at Kempsey Airport? What would be the approximate time frames for these two actions and what source of funding is envisaged? RESPONSE: Council is currently seeking quotations for the removal of the tank and rehabilitation of the site by a qualified specialist. Once this information is available this information will be subject to a Council report.


20 CONFIDENTIAL ITEMS MOTION FOR CONFIDENTIAL SESSION In accordance with the Local Government Act 1993 (the Act) and the Local Government (General) Regulation 2005 (the Regulation), in the opinion of the General Manager, the following business is of a kind as referred to in s10A(2) of the Act, and should be dealt with in a part of the meeting closed to the media and public. The Local Government Act 1993 s10A(2) defines matters that can be dealt with in the closed part of a meeting. Those 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 forms itself into the Confidential Session, and at this stage, the meeting is closed to the public to permit discussion of the confidential business items listed for the reasons as stated in the Agenda.


20.1 LEGAL MATTERS Officer Daniel Thoroughgood, Manager Governance & Information Services File No F12/1960 Section 10A(2)(g) – Legal Proceedings This report is submitted on a confidential basis as it involves advice concerning litigation or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege. (Local Government Act 1993, Section 10A (2)(g)) On balance, the public interest in preserving the confidentiality of the advice outweighs the public interest in openness and transparency in Council decision making by discussing the matter in the open meeting. 21 CONCLUSION


22 MEETING OF THE CRESCENT HEAD CARAVAN AND RECREATION (R63725) TRUST CRESCENT HEAD CARAVAN AND RECREATION (R63725) TRUST TRUST MANAGER: KEMPSEY SHIRE COUNCIL Your attendance is requested at a meeting of the Reserve Trust to be held in the Council Chambers on Tuesday 18 September 2018 (at the conclusion of the Council meeting). The purpose of the meeting is detailed hereunder. Craig Milburn GENERAL MANAGER 22.1 APOLOGIES That the apology submitted by Councillors for non-attendance at the meeting be accepted and leave of absence granted. 22.2 CRITICAL COMMUNICATIONS ENHANCEMENT PROGRAM - CRESCENT HEAD SITE Officer Stephen Mitchell, Director Corporate and Commercial File No F18/1715, LA31877 Attachments 1. Crescent Head 20 m Monopole NSWTA and Carrier Photmontage 2 [22.2.1]

2. Crescent Head 20 m Monopole NSWTA and Carrier Photmontage 1 [22.2.2] 3. Crescent Head 20 m Monopole NSWTA and Carrier Photmontage 3 [22.2.3] 4. CCEP Brochure [22.2.4] 5. Statewide CCEP sites [22.2.5]

PURPOSE To consider endorsing a proposal by the NSW Telco Authority to utilise part of the reserve for the NSW Critical Communications Enhancement Program. RECOMMENDATION 1 That the Crescent Head Caravan and Recreation (R63725) Trust notify the NSW Telco

Authority of its support for the Critical Communications Enhancement Program and endorse the consultation program to be conducted with members of the Crescent Head community.

2 That representation is made to the Member for Oxley, the Hon Melinda Pavey MP for

funding to provide for the embellishment of the area near the existing water reservoir to encourage the greater public use of the Reserve at this location.


ISSUES The NSW Government is committed to providing a statewide single radio network for all the Emergency Services. Through the Critical Communications Enhancement Program, integral to the success of the radio network is securing a broadcast site at Crescent Head. BACKGROUND The Critical Communications Enhancement Program (CCEP) is a commitment by the State Government to deliver an enhanced Government Radio Network (GRN) to improve emergency and day-to-day operational communications for a wide range of NSW Government agencies including law enforcement, public safety and essential services.

At present, the limited footprint of radio coverage of the GRN is fragmented and does not allow emergency services to communicate directly with each other. Expanding State coverage from the present 30% to in excess of 80% coverage requires either the establishment of new base stations or the upgrade of existing base stations. Statewide sites required for the CCEP are depicted on the attachment.

The NSW Telco Authority, being the State Agency charged with delivering the CCEP, has approached Council to embellish its current radio communications equipment which is affixed to the water Reservoir situated at the end of Skyline Drive, Crescent Head.

The water reservoir, being a high point in the area, is desirable for use as a radio broadcast site due to its superior line of sight transmission ability. For this reason, over some years, the reservoir has been occupied by telecommunication carriers including Telstra and Optus. The increasing demand for mobile services, both voice and data, has led to a proliferation of radio equipment on the reservoir. The ability of Council staff to carry out routine inspections on the reservoir is constrained requiring the mobile phone network being powered down or off. The telecommunication carriers are reluctant to shut down or power down their radio transmissions thus impacting Council’s maintenance/checking of the structural integrity of the reservoir to ensure compliance as mandated through the Australian Drinking Water Guidelines.

Of note, whilst the reservoir is a Council asset, rental for occupation by Telstra and Optus does not flow to Council but to the State Government. A recent Rule published in the NSW Government Gazette has reinforced that under the provisions of the recently enacted Crown Lands Management Act 2016, Reserve Trusts have no ability to enter into a lease or licence arrangements for the use of Crown reserves for telecommunication purposes.

Given the issues regarding access and ongoing integrity of the structure and potential impacts on water quality, the embellishment of the GRN atop the reservoir should not be supported.

To facilitate the rollout of the CCEP, the NSW Telco has provided an alternate proposal involving the establishment of a 20-metre high monopole to carry its equipment. Capacity will be provided on the proposed monopole, at the cost of the NSW Telco, to allow for the future relocation of the Telstra and Optus equipment. Should the monopole eventuate, it will be a matter for Council to pursue both Telstra and Optus for their equipment to be removed from the reservoir to a new monopole.

The NSW Telco is seeking the input of the Reserve Trust to the establishment of the monopole near to the reservoir and has supplied a series of artist montages to capture the impact of the monopole


on the landscape. The montages are attached and depict the impact with the GRN dipole and parabolic dish in combination with the Telstra and Optus panel antenna and parabolic dishes.

The NSW Telco through its consultants, Visionstream, will also be engaging with the community on the proposed monopole.

CONCLUSION

The establishment of a communications monopole near the water reservoir in Skyline Crescent provides a facility which is integral to the rollout of the Government Radio Network working to enable law enforcement, public safety and essential services to better deliver services to the community.

Whilst the Reserve Trust will not derive income from the lease of the land for the CCEP, Council will potentially benefit from the removal of radio communication equipment from the water reservoir enabling better management of the facility and the ongoing quality of potable water to Crescent Head. 22.3 CONCLUSION