draft minutes of the ordinary meeting of kempsey shire council - … · 2019-04-16 · the motion...

Ordinary Council Meeting - 16 April 2019

Minutes of the Ordinary meeting of Kempsey Shire Council 16 April 2019 commenced at 9.00 am


PRESENT:

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

General Manager, C L Milburn; Acting Director Corporate and Commercial, G M Burley; Director Operations and Planning, R A Fish; Manager Governance and Information Services, D S Thoroughgood; and Minute Taker D M Pearson.

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”.

3 APOLOGIES

2019.416RESOLVED: MOVED: Cl Saul

SECONDED: Cl McGinn

That the apology submitted by Councillors Morris and Shields for non-attendance at the meeting be accepted and a leave of absence be granted.

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

4 DECLARATIONS OF INTEREST

Cl Hauville declared a non-pecuniary non-significant interest in item 15.1 for the reason that he lives within three nautical miles of the training area for Kempsey Airport.

Cl Patterson declared a non-pecuniary non-significant interest in item 15.1 for the reason that he lives within three nautical miles of the training area for Kempsey Airport.


Craig Milburn, General Manager, declared a pecuniary interest in item 20.2 for the reason the he is the general manager, and the report is related to his employment.

5 ASSESSMENT OF ITEMS LISTED FOR CONFIDENTIAL CONSIDERATION


SECONDED: Cl Williams

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


6 CONFIRMATION OF MINUTES

2019.418RESOLVED: MOVED: Cl Hauville

SECONDED: Cl McGinn

That the minutes of the ordinary meeting of Kempsey Shire Council dated 19 March 2019 be confirmed.


7 CITIZENSHIP CEREMONIES

Nil

8 PUBLIC FORUM AND PRESENTATIONS

8.1 PUBLIC FORUM

1. Mr Martin Davies addressed Council speaking for Item 13.5 T6-18-248 Two (2) Lot Subdivision at Crescent Head

2019.419RESOLVED: MOVED: Cl Patterson

SECONDED: Cl Baxter

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



2. Mr Arthur Bain addressed Council speaking for Item 15.3 Climate Emergency

3. Mr Adam Ulrick addressed Council speaking for Item 15.1 AIAC Negotiations



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


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

2019.422RESOLVED: MOVED: Cl Williams

SECONDED: Cl Patterson

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


13.5 T6-18-248 TWO (2) LOT SUBDIVISION AT CRESCENT HEAD

Officer Shane Reinhold, Town PlannerFile No T6-18-248


Attachments 1. T6-18-248 Plan [13.5.1]2. T6-18-248 Conditions of Consent [13.5.2]3. T6-18-248 Variation Request [13.5.3]4. T6-18-248 Impacts Assessment [13.5.4]5. T6-18-248 RFS Approval [13.5.5]

MOVED: MOVED: Cl PattersonSECONDED: Cl Williams

1. That the requested variation to Clause 4.1 of Kempsey Local Environmental Plan 2013 (KLEP 2013), minimum lot size for subdivision, be supported;

2. That Development Consent be granted to T6-18-248 for a two (2) lot subdivision at 14

Stewart Street, Crescent Head, subject to the conditions contained in the attachment (T6-12-248 Conditions of Consent).

A PROCEDURAL MOTION WAS MOVED: MOVED: Cl Hauville

That we defer the consideration of this matter to the May Council meeting and Council seek and clarify the legal position according to the judgement made on the 8 October by Chilcott C in the decision of Peric vs Randwick City Council in relation to their Randwick Local Environment Plan.

The MOTION LAPSED for want of a SECONDER.



1. That the requested variation to Clause 4.1 of Kempsey Local Environmental Plan 2013 (KLEP 2013), minimum lot size for subdivision, be supported;

2. That Development Consent be granted to T6-18-248 for a two (2) lot subdivision at 14

Stewart Street, Crescent Head, subject to the conditions contained in the attachment (T6-12-248 Conditions of Consent).

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

15.1 AIAC NEGOTIATIONS

Councillor Leo HauvilleFile No F19/2386Attachments Nil

MOVED: MOVED: Cl Hauville


SECONDED: Cl Saul

That Council determines that any extension of the agreement with Australian International Aviation College concerning “Flight Training - Conditions of use of Kempsey Airport” will not increase flying hours or allow flying on Public Holidays as allowed in 10 (b) and “Schedule 2- Services and Hours of Use” of the agreement.

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

The MOTION was PUT to the meeting and was LOST

15.3 CLIMATE EMERGENCY

Councillor Leo HauvilleFile No F19/2376Attachments Nil

MOVED: MOVED: Cl Hauville

1. That Kempsey Shire Council declares that “we are in a state of climate emergency that requires urgent action by all levels of government, including by local councils” and that council:

a. Notes the latest report of the Intergovernmental Panel on Climate Change (IPCC) “Global Warming of 1.5 degrees Celsius”;

b. Notes the Federal Government’s latest emissions data showing we are increasing, not reducing our carbon emissions;

c. Acknowledges that Kempsey Shire is, and is likely to be further affected by climate impacts, particularly sea level rise, bushfires, severe storms, drought and floods,

d. Recognises we are in a state of emergency that requires urgent action by all levels of government, that human induced climate change represents one of the greatest threats to humanity, civilisation, and other species, and that it is still possible to prevent the most catastrophic outcomes if, and only if, societies take emergency action now.

e. Work with other local Councils in a Climate Emergency workshop by the end of 2019 to examine how our community strategic plan, works program and planning documents can address the Climate emergency, and results in an outline of options available to council to operationalise this emergency declaration.

2. Calls upon the State and Federal Governments to:a. Declare a climate emergency, andb. To back this up with legislated programs to drive emergency action to reduce

greenhouse gas emissions and meet the lower of the Paris Agreements at 1.5%

3. Writes to the Member for Cowper, Member for Oxley, the Parliamentary Secretary for Northern NSW, the NSW Environment Minister and the Federal Environment Minister, advising them of Council’s resolution and urges them to acknowledge a climate emergency and to act with urgency to address the crisis.


4. Council will, following the lead of Bellingen Shire Council, encourage neighbouring Local Government Areas to join Kempsey Shire Council by declaring a climate emergency and developing their own Climate Emergency Plans and advocating to State and Federal Governments as per point (2).

The MOTION LAPSED for want of a SECONDER

11 CONSIDERATION OF REPORTS RELATING TO A CONSENSUS MOTION


SECONDED: Cl McGinn

That the recommendations contained in the following items be adopted: 13.6 Statement of Cash and Investments13.7 Local Preference Purchasing Procedure13.8 Development Activity and LEP Variations – Quarterly Snapshot13.9 South West Rocks Alcohol Free Zones


13.6 STATEMENT OF CASH AND INVESTMENTS

Officer Wayne Douglass, Chief Financial OfficerFile No N/AAttachments 1. Investments at March 2019 [13.6.1]

2. Investment Performance Chart March 2019 [13.6.2]3. March 2019 Bank Reconciliation [13.6.3]


SECONDED: Cl McGinn

That the report be noted.


13.7 LOCAL PREFERENCE PURCHASING PROCEDURE

Officer Stephen Mitchell, Director Corporate & Commercial


File No F19/1933

Attachments Nil


SECONDED: Cl McGinn

1. That the information be noted

2. That a further update on the application of the Local Preference Purchasing Procedure be reported to Council in April 2020.


13.8 DEVELOPMENT ACTIVITY AND LEP VARIATIONS - QUARTERLY SNAPSHOT

Officer Graham Snow, Manager Development & Compliance

File No F18/1831

Attachments Nil


SECONDED: Cl McGinn

That the information be noted.


13.9 SOUTH WEST ROCKS ALCOHOL FREE ZONES

Officer Stephen Neale, Community Projects Officer

File No F19/1638

Attachments 1. Lettehead - Alcohol Free Zone 2019 [13.9.1]2. SWR - Eat St - Emergency Management Plan [13.9.2]3. Eat St 2019 - Change of Date Notification [13.9.3]



SECONDED: Cl McGinn

That Council suspend the Alcohol-Free Zone for the nominated location within Livingstone Street, South West Rocks between the hours of 9am to 10pm on Saturday 31 August 2019 for the purposes of the Eat St SWR food event 2019.




That we pick up from the table the motion that I moved at the Feburary meeting, 15.1, with a purpose to investigate the trigger point that would be required from the state government installing an interchange on Crescent Head Road and the Pacific Motorway.

That Council send a letter to the Premier of New South Wales, the Hon. Ms Gladys Berejiklian, M.P., Member for Willoughby, requesting she have the Roads and Maritime Services (RMS) investigate the trigger point factors for an interchange to be installed at the juncture of Crescent Head Road and the Pacific Motorway.

1. The letter request a reply outlining the trigger point.

2. Council and the community should be informed of any reply as soon as it is received.

3. When there is a response Council is to be provided with a separate report with recommendation(s) for determination on any possible further action.


Cl Patterson FORESHADOWED a MOTION

MOVED: MOVED: Cl HauvilleSECONDED: Cl Patterson

That Council send a letter to the Premier of New South Wales, the Hon. Ms Gladys Berejiklian, M.P., Member for Willoughby, requesting she have the Roads and Maritime Services (RMS) investigate the trigger point factors for an interchange to be installed at the juncture of Crescent Head Road and the Pacific Motorway.


1. The letter request a reply outlining the trigger point.

2. Council and the community should be informed of any reply as soon as it is received.

3. When there is a response Council is to be provided with a separate report with recommendation(s) for determination on any possible further action.

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



SECONDED: Cl Baxter

That this matter, Crescent Head Road/Pacific Highway Interchange, not be considered again during this term of Council and that any such business be deemed out of order.

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

12 MAYORAL MINUTES

Nil

13 STAFF REPORTS

13.1 OPERATIONAL PLAN 2019-20, BUDGET AND LONG TERM FINANCIAL PLAN

Officer Kathryn Parker, Corporate Performance Coordinator

File No F19/2079

Attachments 1. Draft Operating Plan [13.1.1]2. Draft LTFP [13.1.2]3. Draft Fees and Charges [13.1.3]4. Rate-categories-2019-2020 [13.1.4]5. Draft 10 Year Works Program [13.1.5]

2019.427RESOLVED: MOVED: Cl McGinn


1. That the following draft Integrated Planning and Reporting documents be placed on public exhibition for a period of 28 days:


a. Draft Operational Plan 2019-20;b. Draft Long Term Financial Plan 2019-2029; c. Draft Fees and Charges 2019-20; andd. Rates maps for 2019-20

2. That a further report be tabled at the June 2019 meeting of Council, detailing the

submissions received from the public during the exhibition period and presenting final documents for adoption.


13.2 FINANCIAL SUSTAINABILITY STRATEGY

Officer Stephen Mitchell, Director Corporate & Commercial

File No F19/1859

Attachments 1. Financial Sustainability Strategy Roadmap Summary 20100406 [13.2.1]2. Kempsey Shire Council Financial Sustainability Strategy Final [13.2.2]


SECONDED: Cl Saul

That Council adopts the Financial Sustainability Strategy 2019-23 and Financial Sustainability Strategy Roadmap.


At this stage 10:27 am the meeting adjourned for morning tea and upon resumption at 10:55 am all present at the adjournment were in attendance.

13.3 AUSTRALIA DAY AWARDS COMMITTEE

Officer Daniel Thoroughgood, Manager Governance & Information Services

File No F19/2252

Attachments 1. Australia Day Awards Committee Charter [13.3.1]2. Australia Day Award Eligibility Criteria [13.3.2]




1. That Council endorse the Australia Day Awards Committee Charter for adoption, 2. That Council endorse the Australia Day Awards Eligibility Criteria for adoption, 3. That Council call for nominations for community members to be appointed to the Australia

Day Awards Committee, 4. That Council appoints Cl McGinn as councillor representative to the Australia Day Awards

Committee for a term until the 2020 General election of Councillors, 5. That Council appoints Cl McGinn, Cl Williams and Cl Baxter to an Australia Day Awards

Committee Selection Panel with a delegation to:a. receive and assess nominations for membership of the Australia Day Awards

Committee, b. determine the number of community representatives on the Australia Day Awards

Committee,c. appoint those community representatives to the Australia Day Awards Committee for

a term until the 2024 General election of Councillors


13.4 HAT HEAD VACUUM SEWERAGE SYSTEM CAPACITY INVESTIGATION

Officer Erin Fuller, Manager Strategic & Asset Planning

File No F12/1529

Attachments Nil



1. That Council note that the Hat Head Sewerage Scheme is at capacity as described in this report and recognise the inherent public health, environmental, financial and social risks associated with potential overloading of the system from future development.

2. That Council going forward, for the purpose of assessing sewer system capacity for new development, allow a maximum of 1 dwelling or 1 Equivalent Tenement (ET) entitlement to each existing allotment within the Hat Head Sewerage Scheme.


3. That Council regard the likely risks of any proposed development within the Hat Head Sewerage Scheme area which would exceed the maximum dwelling or ET allocation as a relevant consideration in evaluating environmental and social impacts and site suitability issues pursuant to section 4.15 of the Environmental Planning and Assessment Act 1979 (the Act).

4. That Council take the necessary steps to prepare and exhibit a planning proposal pursuant to section 3.33 of the Act, expressing the objective and intended outcomes of proposed changes to the Kempsey Local Environmental Plan 2013 (LEP) described in this report, and Council receive a further report at the conclusion of community consultation.

5. That Council take the necessary steps to amend the Kempsey Development Control Plan

2013 Chapter F2: Hat Head (DCP) pursuant to section 3.43 of the Act and as described in the report, including removing the reference to on-site sewerage treatment as an option for new development, and Council receive a further report at the conclusion of community consultation.

6. That Council continue to assess the overall scheme condition and conduct preventative

maintenance to avoid the scheme having issues ensuring it operates efficiently.


13.10 2019 ANZAC DAY MARCHES KEMPSEY SHIRE - TRAFFIC CONTROL

Officer Robert Fish, Director Operations & Planning

File No F19/1788

Attachments Nil

2019.431RESOLVED: MOVED: Cl Williams

SECONDED: Cl Hauville

1. That Council where required by the local NSW RSL Sub-branches, provides funding of $7,000 to cover the cost of the minimum number of contracted authorised traffic controllers to implement traffic control plans for the 2019 ANZAC Day march events.

2. That Council incorporate appropriate funding for the support of ANZAC day marches in future operating plans



14 RESCISSION MOTIONS

Nil

15 NOTICES OF MOTION

15.2 AMEND NOTIFICATION POLICY

Councillor Leo HauvilleFile No F19/1933Attachments 1. policy-2-01-customer-service-and-public-notification [15.2.1]

MOVED: MOVED: Cl HauvilleSECONDED: Cl Williams

1. That Council amends it “Customer Service and Public Notification” Policy by adding to Point 5 “All adjoining property owners will be notified in writing of potential developments that require public notification.”

2. The present sentence of Point 5 will be labelled (A) and the added sentence (B).

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


16 DELEGATES REPORTS

Nil

17 COMMITTEE REPORTS

Nil

18 DELIVERY PROGRAM PERFORMANCE INDICATORS

Nil

19 COUNCILLOR QUESTIONS

COUNCILLOR D F SAUL FILE: F19/1945 RAF


QFNM1

There is concern about the 6 tonne limit on the railway bridge at Spooners Avenue; is that being looked at? The concern was that cattle trucks and such might be overloaded during emergencies. Is that railway bridge sufficient for flood events?

COUNCILLOR A P PATTERSON FILE: F19/1945 RAF

QFNM1

Where is Spooners Avenue on the road sealing program?

COUNCILLOR L J HAUVILLE FILE: F19/1945 SMM

QFNM1

With reference to the answers to Questions on Notice (QFNM3 and QON6) in the April Agenda and the fact that no reports of any type have been presented by the Australian International Aviation College (AIAC) to Council, which is non-compliant with Sections 26 and 29 of the Agreement signed by Council and AIAC on 16th July 2018, were AIAC informed that they did not have to comply with these sections of the agreement, and if so, when?

20 CONFIDENTIAL ITEMS


SECONDED: Cl Saul

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


20.1 LEGAL MATTERS

Officer Daniel Thoroughgood, Manager Governance & Information ServicesFile No F18/1960Attachments Nil

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.





20.2 GENERAL MANAGERS PERFORMANCE REVIEW

Officer Liz Campbell, MayorFile No MIL/23552Attachments Nil

Section 10A(2)(a) – Personnel MattersThis report is submitted on a confidential basis as it involves personnel matters concerning particular individuals (other than Councillors). (Local Government Act 1993, section 10A(2)(a))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. The General Manager, Craig Milburn, declared a pecuniary interest in this item for the reason the he is the general manager, and the report is related to his employment, and left the chamber at 11.29 am.

2019.435RESOLVED: MOVED: Cl Campbell




The General Manager returned to the chamber at 11.33 am.

2019.436


RESOLVED: MOVED: Cl HauvilleSECONDED: Cl Saul

That the ordinary Council meeting in Open Meeting be resumed.


21 CONCLUSION

There being no further business, the Mayor then closed the meeting, the time being 11:34 am.

draft minutes of the ordinary meeting of kempsey shire council - … · 2019-04-16 · the motion...

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