draft minutes of the ordinary meeting of kempsey shire ... · 12/18/2018 · minutes of the...

Ordinary Council Meeting - 18 December 2018

Minutes of the Ordinary meeting of Kempsey Shire Council18 December 2018 commenced at 9.04 am


PRESENT:

Councillors E A Campbell (Mayor and Chairman), M J Baxter, L J Hauville, S E McGinn, B J Morris, A P Patterson, D F Saul, A T Shields and A J Williams

Acting General Manager, S M Mitchell; Acting Director Corporate and Commercial, L J Harper; Director Operations and Planning, R A Fish; Manager Governance and Information Services, D S Thoroughgood; and Minute Taker M L Peterson.

The Mayor informed all present that Council permits the electronic recording and broadcasting of the proceedings of Council which are open to the public. Your attendance at this meeting is taken as consent of the possibility that your image and your voice may be recorded and broadcast to the public.

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”.

2018.313RESOLVED: MOVED: Cl Campbell

That this meeting will break for lunch at 12.45 pm and resume at 1.15 pm with the Confidential items, if they have not passed within the consensus motion considered at 1.15 pm. If this meeting has not completed all business by 2.45 pm all further business will be carried over to the February meeting of Council.

FOR: Cl Saul, Cl McGinn, Cl Patterson, Cl Williams, Cl Baxter, Cl Shields, Cl CampbellAGAINST: Cl Hauville, Cl Morris

3 APOLOGIES

Nil

4 DECLARATIONS OF INTEREST

Cl Hauville declared a non-pecuniary non-significant interest in item 15.8 for the reason that he lives within the 10 kilometre Fly Neighbourly Advice radius of the Kempsey Airport.


Cl Morris declared a non-pecuniary non-significant interest in item 15.8 for the reason that he, his daughter, her husband, his mother-in-law and her son live within 3 nautical miles of the Kempsey Airport.

Cl Patterson declared a non-pecuniary non-significant interest in item 15.8 for the reason that he lives within 3 nautical miles and 10 kilometres of the Kempsey Airport.

5 ASSESSMENT OF ITEMS LISTED FOR CONFIDENTIAL CONSIDERATION

2018.314RESOLVED: MOVED: Cl McGinn

SECONDED: Cl Patterson

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


6 CONFIRMATION OF MINUTES

MOVED: MOVED: Cl PattersonSECONDED: Cl Saul

1 That the minutes of the ordinary meeting of Kempsey Shire Council dated 20 November 2018 be confirmed.

2 That the minutes of the extraordinary meeting of Kempsey Shire Council dated 4 December 2018 be confirmed.

An AMENDMENT was MOVED: MOVED: Cl HauvilleSECONDED: Cl Morris

1 That the minutes of the ordinary meeting of Kempsey Shire Council dated 20 November 2018 be confirmed with the addition at item 6, that the original amendment moved by Cl Hauville contained the transcript of the points of order. The advice from the General Manager was that this was not allowed by custom and practice by Councils.

2 That the minutes be varied to include a statement that the meeting is being webcast and that resolution 2018.298 be reworded to link paragraph 7 to paragraph 4.

3 That the minutes be redrafted and brought back for consideration at the February Council meeting.

FOR: Cl Hauville, Cl MorrisAGAINST: Cl Patterson, Cl Baxter, Cl Williams, Cl Saul, Cl McGinn, Cl Shields, Cl Campbell

The AMENDMENT was PUT to the Meeting and was LOST



That the minutes of the extraordinary meeting of Kempsey Shire Council dated 4 December 2018 be confirmed with the mover of item 6.1 changed to Councillor Morris

FOR: Cl Morris, Cl HauvilleAGAINST: Cl Patterson, Cl Baxter, Cl Saul, Cl Campbell, Cl Shields, Cl Williams, Cl McGinn


An AMENDMENT was MOVED: MOVED: Cl MorrisSECONDED: Cl Hauville

That the minutes of the extraordinary meeting of Kempsey Shire Council dated 4 December 2018 be confirmed subject to the inclusion of the procedural motion moved by Councillor Morris immediately prior to the conclusion of the meeting that was not resolved.



{resolution-number}RESOLVED: MOVED: Cl Patterson

SECONDED: Cl Saul

1 That the minutes of the ordinary meeting of Kempsey Shire Council dated 20 November 2018 be confirmed.

2 That the minutes of the extraordinary meeting of Kempsey Shire Council dated 4 December 2018 be confirmed.

FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Campbell, Cl Shields, Cl Williams, Cl McGinnAGAINST: Cl Morris, Cl Hauville

7 CITIZENSHIP CEREMONIES

Nil

8 PUBLIC FORUM AND PRESENTATIONS

8.1 PUBLIC FORUM

Mr Steve Blundell addressed Council speaking for item 15.6 Improved Boating Access Back Creek South West Rocks


Mr Paul Hayllar addressed Council speaking for item 15.1 Community Consultation - Point Plomer Road

2018.316RESOLVED: MOVED: Cl Morris

SECONDED: Cl Hauville

That Mr Hayllar be granted an extension of 3 minutes to complete his presentation.

FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Morris, Cl Campbell, Cl Hauville, Cl Shields, Cl Williams, Cl McGinnAGAINST: nil

Mr Fred Andrews addressed Council speaking against item 15.1 Community Consultation - Point Plomer Road


SECONDED: Cl Hauville

That Mr Andrews be granted an extension of 3 minutes to complete his presentation.

FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Morris, Cl Campbell, Cl Hauville, Cl Shields, Cl Williams, Cl McGinnAGAINST: nil

Ms Karen Anderson addressed Council speaking for item 15.5 Sewerage Services for Willawarrin and Bellbrook

Ms Anderson tabled a petition containing 64 signatures in support of item 15.5 Sewerage Services for Willawarrin and Bellbrook

8.2 PRESENTATIONS

Mr Terry Witchard of the Macleay Valley Education Fund provided a presentation to Council in respect of their activities relating to their donation from the Mayoral Community Fund.

Ms Genevieve Furber and Ms Alison Lee from Macleay Living Sustainability provided a presentation to Council in respect of their activities.

At this stage 10:37 am the meeting adjourned for morning tea and upon resumption at 11:02 am all present at the adjournment were in attendance.

9 CONSIDERATION OF MOTIONS FOR SUPPLEMENTARY REPORTS AND MOTIONS FOR CHANGES TO THE ORDER OF BUSINESS




That the Agenda Order of Business is adopted.

FOR: Cl Saul, Cl Hauville, Cl McGinn, Cl Patterson, Cl Williams, Cl Baxter, Cl Shields, Cl Morris, Cl CampbellAGAINST: nil

10 CONSIDERATION OF REPORTS RELATING TO PUBLIC FORUM MATTERS


SECONDED: Cl McGinn

That reports 15.1, 15.2, 15.5 and 15.6 relating to the items dealt with in Public Forum be brought forward and dealt with immediately.


15.1 COMMUNITY CONSULTATION - POINT PLOMER ROAD

Councillor Bruce MorrisFile No F18/2387Attachments Nil

PURPOSE

It is desirable that Council engages with the local community to manage community concerns with the proposed construction and sealing of Point Plomer Road. We always achieve a better outcome when we all work together. I intend to move the following motion at the ordinary meeting of Council to be held Tuesday, 18 December 2018

MOVED: MOVED: Cl MorrisSECONDED: Cl Hauville

1 That Council holds a workshop to engage with community members impacted by the construction and sealing of Point Plomer Road.

2 That Council establishes a Community Working Group to provide input concerning the soft

social design aspects of the project and to better manage the community concerns in relation to the works along the length of Point Plomer Road.

3 That Council facilitates development of a Master Plan for the enhancement of the Point

Plomer area with the other land managers for the area.


4 That Council develops a statement of local character for the Point Plomer area 5 That Council reviews the planning instruments to strengthen the ability to preserve the

current character for the Point Plomer area

An AMENDMENT was MOVED: MOVED: Cl McGinnSECONDED: Cl Shields

That a statement of local character be developed to help preserve the current character of Point Plomer area as part of the local strategic planning statement.

2018.320RESOLVED: MOVED: Cl Saul

That the AMENDMENT be PUT

FOR: Cl Patterson, Cl Saul, Cl Campbell, Cl Shields, Cl Williams, Cl McGinnAGAINST: Cl Baxter, Cl Morris, Cl Hauville

2018.321An AMENDMENT was MOVED: MOVED: Cl McGinn

SECONDED: Cl Shields

That a statement of local character be developed to help preserve the current character of Point Plomer area as part of the local strategic planning statement

FOR: Cl Williams, Cl Saul, Cl Patterson, Cl McGinn, Cl Campbell, Cl ShieldsAGAINST: Cl Hauville, Cl Baxter, Cl Morris

The AMENDMENT was PUT to the Meeting and was CARRIED and became the MOTION.



That a statement of local character be developed to help preserve the current character of Point Plomer area as part of the local strategic planning statement

FOR: Cl McGinn, Cl Saul, Cl Campbell, Cl Williams, Cl Patterson, Cl ShieldsAGAINST: Cl Baxter, Cl Morris, Cl Hauville

15.2 LONG TERM ENERGY STRATEGY, CLIMATE CHANGE POLICY AND RENEWABLE ENERGY AND EMISSIONS REDUCTION STRATEGY

Councillor Bruce MorrisFile No f18/1859Attachments 1. NOM 21 Nov 2017 [15.2.1]

2. Motion 100 to LGNSW Conference - Albury City Council [15.2.2]3. Local Leadership Tackling Local Government Progress on Climate Change


[15.2.3]

PURPOSE

The development of an appropriate suite of Strategies and Plans to enhance Councils energy efficiencies and increase renewable energy provision is required to maximise the potential financial savings to both Council and the community. I intend to move the following motion at the ordinary meeting of Council to be held Tuesday, 18 December 2018


1 That Council develops a Climate Change Policy with adoption proposed by Council prior to engaging an independent consultant to undertaken the Long Term Energy Strategy and Emissions Reduction Plan.

2 That Council includes the development of a Long-term Energy Strategy to including a

Renewable Energy and Emissions Reduction Plan to be completed by an independent consultant in the 2019/20 Operating Plan.

3 That Council commits to implementing options to enhance energy efficiency and renewable

energy uptake within the local community. 4 That Council establishes a Community Sustainability Reference Group to provide community

input in developing the Policy, Strategy and Plans in regard to Climate Change developing community options to enhance energy efficiency and renewable energy uptake.

5 That Council works towards meeting the criteria for membership of the Climate Council’s

Cities Power Partnerships and pursues such memberships. 6 That Council endorses resolution 100 of the Local Government NSW Conference 2018 as

attached and act to promote its introduction.

7 That Council monitors and reports grant opportunities to the community sustainability reference group that support sustainability initiatives.



1 That the Long Term Energy Strategy and the Climate Change Policy be considered in the next Operating Plan.

2 That the Renewable Energy and Emissions Reduction Strategy be considered in the

Community Strategic Plan. FOR: Cl Patterson, Cl Saul, Cl Campbell, Cl Shields, Cl Williams, Cl McGinnAGAINST: Cl Baxter, Cl Morris, Cl Hauville



An AMENDMENT was MOVED: MOVED: Cl MorrisSECONDED: Cl Baxter

1 That Council considers development of a Climate Change Policy with adoption proposed by Council prior to engaging an independent consultant to undertaken the Long Term Energy Strategy and Emissions Reduction Plan in the 2019/2020 Operation Plan.

2 That Council considers the development of a Long-term Energy Strategy to including a


3 That Council commits to implementing options to enhance energy efficiency and renewable

energy uptake within the local community. 4 That Council establishes a Community Sustainability Reference Group to provide community







That the amendment be put.

FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Morris, Cl Campbell, Cl Shields, Cl Williams, Cl McGinnAGAINST: Cl Hauville


1 That Council considers development of a Climate Change Policy with adoption proposed by Council prior to engaging an independent consultant to undertaken the Long Term Energy Strategy and Emissions Reduction Plan in the 2019/2020 Operation Plan.

2 That Council considers the development of a Long-term Energy Strategy to including a



3 That Council commits to implementing options to enhance energy efficiency and renewable energy uptake within the local community.

4 That Council establishes a Community Sustainability Reference Group to provide community






FOR: Cl Baxter, Cl Morris, Cl HauvilleAGAINST: Cl Williams, Cl Patterson, Cl Campbell, Cl Saul, Cl Shields, Cl McGinn




1 That the Long Term Energy Strategy and the Climate Change Policy be considered in the next Operating Plan.

2 That the Renewable Energy and Emissions Reduction Strategy be considered in the

Community Strategic Plan. FOR: Cl Campbell, Cl Shields, Cl Patterson, Cl Williams, Cl Baxter, Cl Saul, Cl McGinnAGAINST: Cl Morris, Cl Hauville

15.5 SEWERAGE SERVICES WILLAWARRIN AND BELLBROOK


PURPOSE

The provision of sewerage services at Willawarrin and Bellbrook has previously been considered by Council. These villages both have several residences that are situated on properties that are generally not large enough to have fully complying septic systems. This needs to be addressed at some time in the future. I intend to move the following motion at the ordinary meeting of Council to be held Tuesday, 18 December 2018



1 That Council considers for the provision of reticulated sewerage at Willawarrin and Bellbrook in the 2019/2020 Operating Plan.

2 That a report outlining the preferred option, projected timeframe and funding options be

presented to Council prior to the consideration of the next Delivery Program

3 The report outlining the current status of the onsite management systems at Willawarrin and Bellbrook be presented to a future Council meeting.

At this stage 12.45 pm the meeting adjourned for luncheon and upon resumption at 1.15 pm all present at the adjournment were in attendance. The meeting was resumed at Item 20 and the confidential session held prior to re-commencement of debate on item 15.5.

20 CONFIDENTIAL ITEMS

MOTION FOR CONFIDENTIAL COMMITTEE


SECONDED: Cl McGinn

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


20.1 LEGAL MATTERS

Contact Person: Daniel Thoroughgood – Manager Information and GovernanceFile: F18/1960

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 open meeting.2018.327


RESOLVED: MOVED: Cl SaulSECONDED: Cl McGinn

That the information be noted.


13.5 TENDER FOR THE DESIGN AND CONSTRUCTION OF TURNERS FLAT BRIDGE

Officer Robert Fish, Director Operations and PlanningFile No TQE18/18Attachments Nil

PURPOSE

To provide advice on the submission of tenders for the design and construction of the replacement of Turners Flat Bridge.

MOVED: MOVED: Cl McGinnSECONDED: Cl Shields

That the report assessing tender submissions for the Design and Construction of Turners Flat Bridge be classified as Confidential in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993, which permits the meeting to be closed to the public relating to commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.


That Council:

1 Accept the tender of Waeger Constructions Pty Ltd for the Design and Construction of Turners Flat Bridge at a total cost of $3,452,000 (GST exclusive), in accordance with the tender documentation and tenderer’s submission.

2 Execute the contract documents under the Seal of Council.






That the report assessing tender submissions for the Design and Construction of Turners Flat Bridge be classified as Confidential in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993, which permits the meeting to be closed to the public relating to commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

FOR: Cl Saul, Cl Baxter, Cl McGinn, Cl Campbell, Cl Shields, Cl Patterson, Cl WilliamsAGAINST: Cl Morris, Cl Hauville

20.2 TENDER FOR THE DESIGN AND CONSTRUCTION OF TURNERS FLAT BRIDGE

Officer Robert Fish, Director Operations and PlanningFile No TQE18/18

Section 10A(2)(d)(i) – Commercial Position This report is submitted on a confidential basis as it involves commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it. (Local Government Act 1993, section 10A(2)(d)(i)) On balance, the public interest in preserving the confidentiality of the commercial information supplied, outweighs the public interest in openness and transparency in council decision making by discussing the matter in open meeting. PURPOSE

To advise on the assessment of tenders for the design and construction of the replacement of Turners Flat Bridge.2018.328RESOLVED: MOVED: Cl McGinn


That Council:

1 Accept the tender of Waeger Constructions Pty Ltd for the Design and Construction of Turners Flat Bridge at a total cost of $3,452,000 (GST exclusive), in accordance with the tender documentation and tenderer’s submission.

2 Execute the contract documents under the Seal of Council.


MOTION TO RESUME COUNCIL MEETING




That the ordinary Council meeting in Open Meeting be resumed.


15.5 SEWERAGE SERVICES WILLAWARRIN AND BELLBROOK


PURPOSE

The provision of sewerage services at Willawarrin and Bellbrook has previously been considered by Council. These villages both have several residences that are situated on properties that are generally not large enough to have fully complying septic systems. This needs to be addressed at some time in the future. I intend to move the following motion at the ordinary meeting of Council to be held Tuesday, 18 December 2018


1 That Council considers for the provision of reticulated sewerage at Willawarrin and Bellbrook in the 2019/2020 Operating Plan.

2 That a report outlining the preferred option, projected timeframe and funding options be

presented to Council prior to the consideration of the next Delivery Program

3 The report outlining the current status of the onsite management systems at Willawarrin and Bellbrook be presented to a future Council meeting.

2018.330An AMENDMENT was MOVED: MOVED: Cl Shields

SECONDED: Cl Baxter

That Council considers the provision of sewerage service options at Willawarrin and Bellbrook in the 2019/2020 Operating Plan.

FOR: Cl Williams, Cl Saul, Cl Baxter, Cl Shields, Cl Campbell, Cl Patterson, Cl McGinnAGAINST: Cl Hauville, Cl Morris



2018.331RESOLVED: MOVED: Cl Shields

SECONDED: Cl Baxter

That Council considers the provision of sewerage service options at Willawarrin and Bellbrook in the 2019/2020 Operating Plan.

FOR: Cl Saul, Cl Patterson, Cl Morris, Cl Hauville, Cl Shields, Cl Campbell, Cl McGinn, Cl Williams, Cl BaxterAGAINST: nil

15.6 IMPROVED BOATING ACCESS BACK CREEK SOUTH WEST ROCKS

Councillor Bruce MorrisFile No F18/1881Attachments 1. Draft Report Back Creek Boating Access Improvements [15.6.1]

2. south-west-rocks-sustainability-assessment-report [15.6.2]

PURPOSE

The need to improve the safety for ocean access at Back Creek South West Rocks has been raised by a member of the community. Given that Council has received grant funding to upgrade boat parking facilities and other supporting amenities for Back Creek, Council needs to show due diligence in exercising its Duty of Care in relation to the safety of Ocean access from Back Creek. I intend to move the following motion at the ordinary meeting of Council to be held Tuesday, 18 December 2018


1 That Council investigates the safety of Ocean access for recreational boaters from Back Creek South West Rocks.

2 That if these investigations reveal that access safety should be improved:

a That Council considers in the next Delivery Program funding to assess the works required to improve the safety of Ocean access from Back Creek.

b That Council includes an action in the next Delivery Plan to seek funding to enhance

the Ocean access with Back Creek.




That Council, with reference to improved boating access at Back Creek, South West Rocks, workshop, with other relevant stakeholders, the matter in early 2019 given the complexity of the issue.

FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Campbell, Cl Shields, Cl Williams, Cl McGinnAGAINST: Cl Morris, Cl Hauville




That Council, with reference to improved boating access at Back Creek, South West Rocks, workshop, with other relevant stakeholders, the matter in early 2019 given the complexity of the issue.

FOR: Cl Campbell, Cl Williams, Cl Hauville, Cl Shields, Cl McGinn, Cl Baxter, Cl Morris, Cl Patterson, Cl SaulAGAINST: nil

11 CONSIDERATION OF REPORTS RELATING TO A CONSENSUS MOTION

Cl Patterson left the chambers at 02:08 pm.

2018.334RESOLVED: MOVED: Cl Shields


That the recommendations contained in the following items be adopted: 13.6 Nominations for JRPP13.9 Acting General Manager Appointment13.10 Statement of Cash and Investments - November 201813.11 Notice of Motion Not Included

FOR: Cl Saul, Cl Hauville, Cl McGinn, Cl Williams, Cl Baxter, Cl Shields, Cl Morris, Cl CampbellAGAINST: Cl Patterson

13.6 NOMINATIONS FOR JRPP

Officer Graham Snow, Manager Development & ComplianceFile No F18/415Attachments Nil

PURPOSE


To confirm Council’s appointment of Nambucca Shire Council’s Senior Town Planner as the nominated alternative representative for Kempsey Shire Council on the Northern Joint Regional Planning Panel (JRPP).

RECOMMENDATION

That the Department of Planning and Environment be advised that the Senior Town Planner, Brad Lane, of Nambucca Shire Council is the nominated alternative representative for the Kempsey Shire Council on the Northern Joint Regional Planning Panel.



That the Department of Planning and Environment be advised that the Senior Town Planner, Brad Lane, of Nambucca Shire Council is the nominated alternative representative for the Kempsey Shire Council on the Northern Joint Regional Planning Panel.


13.9 ACTING GENERAL MANAGER APPOINTMENT

Officer Daniel Thoroughgood, Manager – Governance and Information ServicesFile No F18/1854Attachments Nil

PURPOSE

To facilitate the effective and efficient operation of Council by providing for the Director Corporate & Commercial and Director Operations & Planning to act in the role of General Manager when the General Manager is absent from work.



1 That for the period 1 January 2019 to 31 December 2019, the person holding the position of Director Corporate & Commercial be appointed to act as General Manager if the General Manager is sick or otherwise absent from work on leave, such appointment to cease upon the return to work of the General Manager or other resolution of the Council

2 That if the person specified in paragraph 1 is unable or unwilling to act as General Manager

at any time during the specified period, the person holding the position of Director Operations & Planning be appointed to act as General Manager if the General Manager is sick or otherwise absent from work on leave, such an appointment to cease upon the return to work of the General Manager or other resolution of the Council.


3 That any person acting as General Manager pursuant to this resolution has all the functions, delegations, and sub-delegations given to the General Manager by Council.


13.10 STATEMENT OF CASH AND INVESTMENTS - NOVEMBER 2018 Officer Ron Wood, Chief Financial Officer File No N/A Attachments 1. Investments at November 2018 [13.10.1]

2. Investment Performance Chart Nov 2018 [13.10.2]3. November 2018 bank reconciliation [13.10.3]

PURPOSE In accordance with the Local Government (General) Regulation 2005 (the Regulation), a report on investments is to be provided monthly to Council. 2018.337RESOLVED: MOVED: Cl Saul


That the report is noted.


13.11 NOTICE OF MOTION NOT INCLUDED

Officer Stephen Mitchell, Acting General ManagerFile No F18/922Attachments Nil

PURPOSE

To report to council the exclusion of business for which due notice has been given in the agenda as required by Local Government Regulation (General) 2005 cl 240(2)



That the information be noted

FOR: Cl Saul, Cl Hauville, Cl McGinn, Cl Williams, Cl Baxter, Cl Shields, Cl Morris, Cl Campbell


AGAINST: Cl Patterson

Cl Patterson returned to the chambers at 02:10 pm.

12 MAYORAL MINUTES

Nil

13 STAFF REPORTS

13.1 SALTWATER URBAN RELEASE AREA OPTIONS

Officer Peter Orr, Senior Strategic Planning OfficerFile No N/AAttachments Nil

PURPOSE To provide a report regarding the southern portion of the Saltwater Urban Release Area (URA).2018.339RESOLVED: MOVED: Cl Morris


That the report is noted and that Council proceed to prepare a Development Control Plan for the entire Saltwater precinct.


13.2 STUARTS POINT SEWERAGE SCHEME

Officer Robert Fish, Director Operations & PlanningFile No F12/1614Attachments 1. 22185121505- RE P-1 Options Comparison November 2018 Redacted

[13.2.1]

PURPOSE

Reporting on a review of options for the Stuarts Points Sewerage Scheme (SPSS) in light of constraints and concerns identified with developing the proposal to transfer sewage from Stuarts Point to the South West Rocks Sewage Treatment Plant.




That Council: 1 Progress with design and investigation work for the proposed alternative option for the

Stuarts Point Sewerage Scheme of a Sewage Treatment Plant (STP) near Stuarts Point, with dunal discharge of treated effluent, in parallel with pursuing the grant funding Deed.

2 Authorise the General Manager to negotiate and amend the Restart NSW Funding Deed to

reflect a revised project scope, noting that the revised option delivers the same overall outcome of that originally intended under the grant.

3 Revert from progressing the proposed sewer charge for the Stuarts Point area for the

2019/20 financial year to the annual septic charge listed within Council’s Fees and Charges. 4 Inform the community of this decision.


13.3 POLICY AND PROCEDURE FOR THE LODGEMENT OF PETITIONS

Officer Daniel Thoroughgood, Manager – Governance and Information ServicesFile No F18/1933Attachments 1. 2 1 V4 CUSTOMER SERVICE AND PUBLIC NOTIFICATION POLICY Draft [13.3.1]

2. 2 1 5 V1 Petitions Draft [13.3.2]

PURPOSE

To vary Councils Customer Service and Public Notification Policy to recognise petitions and adopt a Petitions procedure.

MOVED: MOVED: Cl MorrisSECONDED: Cl Williams

That the varied Customer Service and Public Notification Policy and Petition procedure be placed on exhibition for a period of not less than 28 days or to finish no earlier then 8th February


SECONDED: Cl Saul

That the Customer Service and Public Notification Policy and Petition Procedure be deferred until the Code of Meeting Practice workshop


FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Campbell, Cl Shields, Cl McGinnAGAINST: Cl Morris, Cl Hauville, Cl Williams



SECONDED: Cl Saul

That the Customer Service and Public Notification Policy and Petition Procedure be deferred until the Code of Meeting Practice workshop

FOR: Cl Baxter, Cl Patterson, Cl Campbell, Cl Hauville, Cl McGinn, Cl Williams, Cl Shields, Cl Saul, Cl MorrisAGAINST: nil

13.4 FUNDING OF ACTIONS OF THE RUDDER PARK FLYING FOX CAMP MANAGEMENT PLAN

Officer Bill Larkin, Environmental Strategies OfficerFile No F12/1683Attachments Nil

PURPOSE

To decide on the funding of actions set out in the Rudder Park Flying-Fox Camp Management Plan, considering the current vacant occupancy status of the flying-fox camp.

2018.343RESOLVED: MOVED: Cl Patterson

SECONDED: Cl Williams

That Council: 1 Resolve to proceed with Level 2 actions from the Rudder Park Camp Management Plan. 2 Allocate funds to be able to match the dollar for dollar funding for when it becomes

available through the Local Government NSW flying-fox grant funding program. 3 Apply for funding through the Local Government NSW flying-fox grant funding program

(when funding round is opened) and if successful, prepare the required Vegetation Management Plan and Aboriginal Cultural Heritage values assessment required to be submitted to Office of Environment and Heritage (OEH) with the Part 2 licence application.

FOR: Cl Saul, Cl Hauville, Cl McGinn, Cl Patterson, Cl Williams, Cl Baxter, Cl Shields, Cl Morris, Cl Campbell


AGAINST: nil

13.7 REVIEW OF COMMITTEES

Officer Daniel Thoroughgood, Manager – Governance and Information ServicesFile No F18/2518Attachments 1. Extract-from- OL G- Practice- Note-16- Meetings- Practice- Note- August-

2009 [13.7.1]2. OL G- Circular-16-24 [13.7.2]3. committee-delegate-reports-2002-2009 [13.7.3]4. committee-review-2010 [13.7.4]

PURPOSE

To make recommendations for changes to council’s committee structure following a review as per council resolution 2018.234 and determine if a Councillor delegate should attend Floodplain Management Australia meetings.


SECONDED: Cl Williams

1 That the report be noted, and no additional committees be formed at this time. 2 That no councillor delegate be appointed to attend Floodplain Management Australia

meetings.


13.8 HERITAGE MAINTENANCE COMMITTEE

Officer Robert Fish, Director - Operations and PlanningFile No F18/1977Attachments Nil

PURPOSE

To advise on the need for a Heritage Maintenance Committee.

MOVED: MOVED: Cl McGinnSECONDED: Cl Patterson

That Council does not establish a Heritage Maintenance Committee.



1 That Council develops a procedure for heritage maintenance in consultation with Mr Booker, Council's Heritage Advisor, that it ensures heritage maintenance whenever upgrades, changes or rejuvenation of council facilities are undertaken.

2 That a report for determination be brought to March council.





That Council does not establish a Heritage Maintenance Committee. FOR: Cl McGinn, Cl Saul, Cl Campbell, Cl Baxter, Cl Williams, Cl Shields, Cl Hauville, Cl Patterson, Cl MorrisAGAINST: nil

14 RESCISSION MOTIONS

Nil

15 NOTICES OF MOTION

15.3 GRANT FUNDING - LONG TERM FINANCIAL IMPACT


PURPOSE

The current grant funding opportunities are very welcome, although potentially have an impact on Councils Long Term Financial Sustainability. It is important that this potential impact is considered as a part of the grant submission and acceptance process. I intend to move the following motion at the ordinary meeting of Council to be held Tuesday, 18 December 2018.

This matter was deferred to the February 2019 ordinary meeting of Council.


15.4 MASTER PLAN AND LEP REVIEW STUARTS POINT

Councillor Bruce MorrisFile No F12/1327-01Attachments Nil

PURPOSE

The provision of sewerage services at Stuarts Point has the potential to result in additional development. It is important that Council prepares a Master Plan and reviews the planning documents to support this potential growth. I intend to move the following motion at the ordinary meeting of Council to be held Tuesday, 18 December 2018


15.7 WASTE VOUCHER USE


PURPOSE

To establish a reporting mechanism to understand the acceptance / usage of the Free Waste Voucher system within the community. I intend to move the following motion at the ordinary meeting of Council to be held Tuesday, 18 December 2018.


15.8 POTENTIAL ENVIRONMENTAL IMPACT - LONG TERM INCREASE IN FLIGHT ACTIVITY


PURPOSE

The continuation of, and potential for further increases in flight training activity at the Kempsey Airport is perceived by some in the community to have an environmental impact. I intend to move the following motion at the ordinary meeting of Council to be held Tuesday, 18 December 2018.


15.9 SEWERAGE SERVICES - SOUTHERN INTERCHANGE



PURPOSE

The provision of a sewerage service to the Southern Interchange is impacting on the development potential for the land in this vicinity. Grant funding confirmation for this important project was imminent with an announcement expected prior to the end of 2017. Council needs to progress these works, with or without grant funding, subject to financial capacity, in the Operating Plan for 2019/2020. I intend to move the following motion at the ordinary meeting of Council to be held Tuesday, 18 December 2018


16 DELEGATES REPORTS

16.1 LGNSW ANNUAL CONFERENCE 2018

Councillor Bruce MorrisFile No F18/1720Attachments 1. LGNS W-2018- Annual- Conference- Carried- Motions [16.1.1]

2. ALGA President 2018 LGNSW Annual Conference Presentation [16.1.2]3. Adam Beck Smart Cities Presentation [16.1.3]4. Geof Heydon Creator Tech Presentation [16.1.4]5. Chris Isles Place Design Group Presentation [16.1.5]

PURPOSE

Reporting on attendance at the LGNSW Conference at Albury 21 to 23 October 2018 in accordance with the requirements of Clause 6.33 of Council Procedure 5.1.5 – V 8 Payment of Expenses and Provision of Facilities for Councillors.


17 COMMITTEE REPORTS

17.1 LOCAL TRAFFIC COMMITTEE MEETING HELD ON 4 DECEMBER 2018

Officer Robert Fish, Director Operations & PlanningFile No F18/1958Attachments 1. Minutes 4 December 2018 [17.1.1]

PURPOSE


For Council to adopt the minutes of the Local Traffic Committee meeting held on 4 December 2018.


18 DELIVERY PROGRAM PERFORMANCE INDICATORS

Nil

19 COUNCILLOR QUESTIONS

Nil

21 CONCLUSION

Having surpassed the adopted closing time for the meeting as per resolution 2018.313 the Mayor then closed the meeting, the time being 02:48 pm.

The following business was deferred until the February ordinary meeting of Council:15.3 GRANT FUNDING - LONG TERM FINANCIAL IMPACT15.4 MASTER PLAN AND LEP REVIEW STUARTS POINT15.7 WASTE VOUCHER USE15.8 POTENTIAL ENVIRONMENTAL IMPACT - LONG TERM INCREASE IN FLIGHT ACTIVITY15.9 SEWERAGE SERVICES - SOUTHERN INTERCHANGE16.1 LGNSW ANNUAL CONFERENCE 201817.1 LOCAL TRAFFIC COMMITTEE MEETING HELD ON 4 DECEMBER 2018

draft minutes of the ordinary meeting of kempsey shire ... · 12/18/2018 · minutes of the...

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