draft minutes of the ordinary meeting of kempsey shire ......ordinary council meeting - 19 february...

Ordinary Council Meeting - 19 February 2019

Minutes of the Ordinary meeting of Kempsey Shire Council19 February 2019 commenced at 9.00 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

General Manager, C L Milburn; Director Corporate and Commercial, S M Mitchell; 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 LAND OWNERS

“Council acknowledges that this meeting is being held on the traditional lands of the Dunghutti People”.

3 APOLOGIES

Nil

4 DECLARATIONS OF INTEREST

Cl Morris declared a non-pecuniary non-significant interest in item 15.3, Potential Environmental Impact - Continued Increase in Flight Activity at Kempsey Airport for the reason that he lives within 3 nautical miles of the airport, as does his mother-in-law, brother-in-law, daughter and her husband.

Craig Milburn, General Manager, declared a non-pecuniary non-significant interest in item 17.1 as he resides on a road relating to a matter considered by the committee. This interest was declared during debate of item 17.1.

5 ASSESSMENT OF ITEMS LISTED FOR CONFIDENTIAL CONSIDERATION

2018.347RESOLVED: MOVED: Cl Williams

SECONDED: Cl Hauville


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

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

6 CONFIRMATION OF MINUTES

MOVED: MOVED: Cl PattersonSECONDED: Cl Williams

That the minutes of the ordinary meeting of Kempsey Shire Council dated 18 December 2018 be confirmed.

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

That the minutes of the ordinary meeting of Kempsey Shire Council dated 18 December 2018 be reviewed for accuracy.

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

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

2018.351RESOLVED: MOVED: Cl Morris


That the minutes of the ordinary meeting of Kempsey Shire Council dated 18 December 2018 be reviewed for accuracy.

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

7 CITIZENSHIP CEREMONIES

Nil

8 PUBLIC FORUM AND PRESENTATIONS

8.1 PUBLIC FORUM


Mr Gordon Bates and Ms Mel Timmins addressed Council speaking against item 13.1 T6-18-25 Residential flat building at Crescent Head



That Mr Bates and Ms Timmins be granted an extension of 3 minutes to complete their presentation.


Ms Elizabeth "Betty" Green addressed Council speaking to the programmes of St Vincent de Paul.

8.2 PRESENTATIONS

Nil

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

2018.353RESOLVED: MOVED: Cl Williams

SECONDED: Cl Patterson

That the Agenda Order of Business be adopted.


10 CONSIDERATION OF REPORTS RELATING TO PUBLIC FORUM MATTERS


SECONDED: Cl Williams

That the reports relating to the items dealt with in Public Forum not be brought forward.



11 CONSIDERATION OF REPORTS RELATING TO A CONSENSUS MOTION

2018.355RESOLVED: MOVED: Cl Shields

SECONDED: Cl McGinn

That the recommendations contained in the following items be adopted: 13.7 Statement of Cash and Investments 13.14MIDWASTE Annual Report 2017/18


12 MAYORAL MINUTES

Nil

13 STAFF REPORTS

13.1 T6-18-25 RESIDENTIAL FLAT BUILDING AT CRESCENT HEADOfficer Shane Reinhold, Town Planner

File No T6-18-25

Attachments 1. T6-18-25 Plans [13.1.1]2. T 6-18-25 Conditions of Consent [13.1.2]3. T6-18-25 Public Submissions (1st round) [13.1.3]4. T6-18-25 Public Submissions (2nd Round) [13.1.4]5. T6-18-25 Applicant's KDCP 2013 Review [13.1.5]6. T6-18-25 Applicant's KLEP 2013 Variation Request [13.1.6]7. T6-18-25 Applicant's SEPP 65 Assessment [13.1.7]8. T6-18-25 Shadow Diagrams [13.1.8]9. T6-18-25 Applicant's Flood Policy Variation Request [13.1.9]


SECONDED: Cl Baxter

That this matter be deferred until a site inspection is undertaken.

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


13.2 CODE OF MEETING PRACTICEOfficer Daniel Thoroughgood, Manager Governance and Information Services

File No F19/2541/05

Attachments 1. Procedure 5.1.4 - V 6 - Code of Meeting Practice - draft [13.2.1]

2018.360RESOLVED: MOVED: Cl McGinn


That the Draft Code of Meeting Practice is placed on exhibition for a period of not less than 28 days, with submissions open for not less than 42 days from the start of exhibition.


13.3 SMITH STREET RED CEDAR TREESOfficer Steve Pellen, Coordinator Civic Services

File No F19/1688

Attachments 1. Smith Street Red Cedar Trees Arboricultural Report - January 2019 [13.3.1]

MOVED: MOVED: Cl PattersonSECONDED: Cl Williams

1. That Council acknowledge the independent arboricultural report regarding the five mature Red Cedar Trees along Smith Street

2. That Council allocate funds in the 2019/20 Operating Plan for the removal of these trees and replanting with similar trees in enlarged planting plots to continue the avenue effect along Smith Street.

An AMENDMENT was MOVED: MOVED: Cl Hauville


2. That Council allocate funds in the 2019/20 Operating Plan for the removal of two of these trees and replanting with similar trees in enlarged planting plots to continue the avenue effect along Smith Street.

3. That actions as recommended by the aboriculturist on the remaining trees be undertaken.


The AMENDMENT LAPSED for want of a SECONDER.

2018.361RESOLVED: MOVED: Cl Patterson



2. That Council allocate funds in the 2019/20 Operating Plan for the removal of these trees and replanting with similar trees in enlarged planting plots to continue the avenue effect along Smith Street.

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

13.4 BACK CREEK PEDESTRIAN BRIDGE, SOUTH WEST ROCKSOfficer Dale Smith, Manager Infrastructure Delivery

File No F19/1762

Attachments Nil



1. That Council permanently close the affected section of Back Creek Pedestrian Bridge to maintain public safety and protect Council’s treated effluent main.

2. That Council undertakes the required project planning to enable the replacement bridge construction to occur as soon as practicable.

3. That Council allocates additional funds to cover the current funding shortfall for completion of construction in the 2019/20 Operating Plan.


13.5 DECEMBER 2018 QUARTERLY BUDGET REVIEW

Officer Wayne Douglass, Manager FinanceFile No F18/2009Attachments 1. December 2018 Quarterly Budget Review Statements [13.5.1]


2. 2018-19 Key Performance Indicators - February 2019 [13.5.2]3. Matters In Progress 19 February 2019 [13.5.3]4. Grants Summary ( Feb 2019) [13.5.4]5. Combined Practical Completion Reports [13.5.5]

PURPOSE

To report the results of the Budget Review for the period ending 31 December 2018.


SECONDED: Cl Baxter

1 That the Budget Review for the period ending 31 December 2018 is adopted and the variations contained therein are approved;

2 That the Key Performance Indicators report is noted; 3 That the updates to the Matters in Progress are noted; 4 That the Grants Status Summary is noted; and 5 That the Project Practical Completion Reports are noted.


13.6 AUSTRALIA DAYOfficer Daniel Thoroughgood, Manager – Governance and Information Services

File No F19/2252

Attachments Nil



1. That Council respond to the Minister for Immigration, Citizenship and Multicultural Affairs, the Honourable David Coleman MP, with the following feedback:a. Council supports the changes to the Citizenship Code, andb. Council holds its Australia Day Awards ceremony in the evening of the 25th January in

line with the National Australia Day Council, and


c. Council continue to offer citizenship candidates the opportunity to participate in a Citizenship Ceremony on either Australia Day or the 25th January as part of the Australia Day Awards ceremony

2. That a report be brought to the April Ordinary Meeting of Council reviewing the Terms of

Reference of the Australia Day Committee and the Eligibility Criteria for the Australia Day Awards

3. That feedback be sought from the community as to how Council can provide support to celebrate Australia Day


13.7 STATEMENT OF CASH AND INVESTMENTS

Officer Wayne Douglass, Acting Chief Financial Officer

File No N/A

Attachments 1. Investments at January 2019 [13.7.1]2. Investment Performance Chart Jan 2019 [13.7.2]3. January 2019 bank reconciliation [13.7.3]4. Investments at December 2018 [13.7.4]5. Investment Performance Chart Dec 2018 [13.7.5]6. December 2019 bank reconciliation [13.7.6]


SECONDED: Cl McGinn

That the report be noted.


13.8 CODE OF CONDUCTOfficer Daniel Thoroughgood, Manager – Governance and Information Services

File No F19/1933


Attachments 1. Procedure 5.1.1 - V 6 - Code of Conduct - draft [13.8.1]2. Procedure 5.1.8 - V 3 - Code of Conduct Administration - draft [13.8.2]

MOVED: MOVED: Cl HauvilleSECONDED: Cl Morris

1. That the Model Code of Conduct and Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW be adopted.

2. That the clause on Social Media not be included and not considered or implemented until council receive advice from the Office of Local Government on why it was withdrawn from the model code of conduct

An AMENDMENT was MOVED: MOVED: Cl PattersonSECONDED: Cl McGinn

That the Model Code of Conduct and Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW be adopted, and that the social media clause be included using the text from the Office of Local Government Circular.

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

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


SECONDED: Cl McGinn

That the Model Code of Conduct and Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW be adopted, and that the social media clause be included using the text from the Office of Local Government Circular.

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

At this stage 10:31 am the meeting adjourned for morning tea and upon resumption at 10:55 am all present at the adjournment were in attendance.

13.9 CHANGE OF COUNCIL MEETING DATESOfficer Daniel Thoroughgood, Manager – Governance and Information Services

File No F19/1871

Attachments Nil


MOVED: MOVED: Cl McGinnSECONDED: Cl Patterson

1. That the June 2019 ordinary meeting of Council be rescheduled from 18 June 2019 to 25 June 2019, in order to avoid conflict with the National General Assembly of Local Government.

2. That the October 2019 ordinary meeting of Council be rescheduled from 15 October 2019 to 22 October 2019, in order to avoid conflict with the Local Government NSW Annual Conference.

COMMITTEE OF THE WHOLE

MOVED: MOVED: Cl Hauville

That Council move into Committee of the Whole for discussions related to Item 13.9 Change of Council Meeting Dates.

The MOTION LAPSED for want of a seconder



1. That the June 2019 ordinary meeting of Council be rescheduled from 18 June 2019 to 25 June 2019, in order to avoid conflict with the National General Assembly of Local Government.

2. That the October 2019 ordinary meeting of Council be rescheduled from 15 October 2019 to 22 October 2019, in order to avoid conflict with the Local Government NSW Annual Conference.

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

13.10 PLANNING PROPOSAL, ROCKS CENTRALOfficer Steve Schwartz, Co-ordinator Strategic and Environmental Planning

File No KLEP2013-AM-28

Attachments 1. 6262 Planning Proposal Rocks Central [13.10.1]


SECONDED: Cl Saul


That the Planning Proposal and associated documentation be submitted to the Minister for Planning to seek a Gateway determination pursuant to Sections 3.33 and 3.34 of the Environmental Planning and Assessment Act 1979 and seek delegation to exercise the functions of a local plan-making authority pursuant to Section 3.31 of the Act.


13.11 ROCK FISHING SAFETY ACT 2016Officer Robert Fish - Director Operations and Planning

File No F19/2351

Attachments 1. Rock Fishing Safety Act Information Pack [13.11.1]


SECONDED: Cl McGinn

That this matter be deferred.


13.12 DELIVERY PLAN - SIX MONTHLY UPDATEOfficer Stephen Mitchell, Director Corporate & Commercial

File No F19/1859

Attachments 1. Delivery Program Report February 2019 [13.12.1]



That Council notes the progress achieved in the third six monthly report of the Delivery Program 2017-2021.



13.13 DEVELOPMENT ACTIVITY AND LEP VARIATIONS - QUARTERLY SNAPSHOT Officer Graham Snow, Manager Development AssessmentFile No F18/1831Attachments Nil

PURPOSE To report to Council quarterly on any approvals that included variations to Council’s Kempsey Local Environmental Plan (KLEP), which involved the use of Clause 4.6, and to provide information on development approvals for the period of October, November and December 2018. 2018.370RESOLVED: MOVED: Cl Patterson

SECONDED: Cl McGinn

That Council note the information on development activity.


13.14 MIDWASTE ANNUAL REPORT 2017/18

Officer Gavin Hughes, Coordinator Waste Services File No f19/1752Attachments 1. M W 125 1718 AR Nov 18 WEB READY [13.14.1]

PURPOSE

To present the MIDWASTE 2017/18 Annual Report highlighting the benefits to member councils and the community.


SECONDED: Cl McGinn

1. That Council note the MIDWASTE 2017/18 Annual Report; and

2. That Council publish the MIDWASTE 2017/18 Annual Report on Council’s website.



14 RESCISSION MOTIONS

Nil

15 NOTICES OF MOTION

15.1 LETTER REQUESTING AN INVESTIGATION OF A CRESCENT HEAD ROAD INTERCHANGE

Councillor Leo HauvilleFile No F18/1789Attachments 1. NO M 1 - Att 2 - policy-3-01-roads [15.1.1]

2. NO M 1 - Att 1 - KAS letter [15.1.2]

PURPOSE

To investigate the trigger point of that will require the state Government installing an interchange on the Crescent Head Road and the Pacific Motorway I intend to move the following motion at the ordinary meeting to be held Tuesday, 19th February, 2019.


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.



That this matter lay on the table.


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

15.2 NAME CHANGE PROPOSAL - BENEFITS AND IMPLICATIONS

Councillor Leo HauvilleFile No F18/**Attachments 1. NO M 2 - Att 3 - Sydney Morning Herald 2015 [15.2.1]

2. NO M 2 - Att 2 - 2009-08-11-minutes [15.2.2]3. NO M 2 - Att 4 - General Manager Report 2009 [15.2.3]4. NO M 2 - Att 1 - Last 10 Mayoral Columns [15.2.4]5. NO M 2 - Att 5 - Pavey FB post [15.2.5]

PURPOSE

To assess the naming change from Kempsey Shire Council to Macleay Valley Council the community should be given clear long-term benefits of such a change. I intend to move the following motion at the ordinary meeting of Council to be held Tuesday, 19 February 2019.


That, in regard to the Delivery Program of “Connected: Our Community is vibrant and engaged and connected” in the Program “Working Together” with the final priority action of “Renaming the Shire”, Council is to be given a Report by August 2019 for consideration of moving forward with the action. The Report should address:1. Reason(s) for the change to Macleay Valley Council from Kempsey Shire Council:2. The full history of previous attempts to change the name to Macleay Valley Coast based on

a survey;3. The best plan for Community consultation on a possible name change that should be

inclusive;4. Financial implications of implementing the change including initial costs, and if approved by

the Governor of NSW, the ongoing costs;5. Any geographical difficulties of taking on the “Macleay Valley Council” name with less than

30% of the Shire in said valley.6. Recent historical challenges or roadblocks other NSW Councils have encountered with name

changes;7. Considered likelihood of gaining State Government approval;8. And any other pertinent matters as determined by staff.

AMENDMENT was MOVED: MOVED: Cl McGinnSECONDED: Cl Patterson

That, in regard to the Delivery Program of “Connected: Our Community is vibrant and engaged and connected” in the Program “Working Together” with the final priority action of “Renaming the


Shire”, Council is to be given a Report by August 2019 for consideration of moving forward with the action.

2018.371RESOLVED: MOVED: Cl Saul

That the AMENDMENT be PUT.

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

AMENDMENT: MOVED: Cl McGinnSECONDED: Cl Patterson

That, in regard to the Delivery Program of “Connected: Our Community is vibrant and engaged and connected” in the Program “Working Together” with the final priority action of “Renaming the Shire”, Council is to be given a Report by August 2019 for consideration of moving forward with the action.


The AMENDMENT was PUT to the MEETING and was CARRIED.



That, in regard to the Delivery Program of “Connected: Our Community is vibrant and engaged and connected” in the Program “Working Together” with the final priority action of “Renaming the Shire”, Council is to be given a Report by August 2019 for consideration of moving forward with the action.


15.3 POTENTIAL ENVIRONMENTAL IMPACT - CONTINUED INCREASE IN FLIGHT ACTIVITY AT KEMPSEY AIRPORT

Councillor Bruce MorrisFile No F18/2466Attachments Nil

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, 19 February 2019.

2018.374MOVED: MOVED: Cl Morris


That Council requires an appropriate Environmental Assessment to be lodged as a part of any proposal by an applicant for a long-term or permanent material increase in flight activity, as evidenced in the past 12 months, at the Kempsey Airport.

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

The MOTION was put to the meeting and was LOST

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.

MOVED: MOVED: Cl MorrisSECONDER: Cl Hauville

1 That the information be noted.

2 That Council consider enforcing the requirement within our Code of Meeting Practice to alternate with a speaker for a motion followed by a speaker against.

3 That Council consider implementing the process when reviewing our Code of Meeting Practice that the mover of a Motion does not speak to the Motion if there is no objection or amendment to the Motion moved.


4 That Council investigate the use of smart bins in high use recreational areas.

5 That Council investigates the installation of sensors when vehicle parking areas are upgraded or resurfaced.

An AMENDMENT was MOVED: MOVED: Cl PattersonSECONDED: Cl McGinn

That the information be noted.


The AMENDMENT was PUT to the MEETING and was CARRIED.


SECONDED: Cl McGinn

That the information be noted.


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.



That Council notes the minutes and adopts the recommendations of the Local Traffic Committee meeting of 4 December 2018.



17.2 AUSTRALIA DAY COMMITTEE MEETING HELD ON 17 DECEMBER 2018

Officer Daniel Thoroughgood, Manager Governance & Information ServicesFile No F19/2252Attachments 1. australia day committee minutes 2018-12-17 [17.2.1]

PURPOSE

For Council to confirm the minutes of the Australia Day Committee meeting held on 17 December 2018.



That the minutes of the Australia Day Committee dated 17 December 2018 be confirmed.


18 DELIVERY PROGRAM PERFORMANCE INDICATORS

Nil

19 COUNCILLOR QUESTIONS

COUNCILLOR HAUVILLE FILE: F12/1945QFNM1Why has no restoration of the three AIAC demountable building sites at the Kempsey Airport in Aldavilla, that had been removed after the agreed timespan, been found acceptable despite the written agreement to restore the site to the original condition? Has there been any communication with AIAC on this matter, and if so, when and what has the reply been?

COUNCILLOR HAUVILLE FILE: F12/1945QFNM2On what date did the first dispensation of fuel for aircraft occur from the new fuelling facility at Kempsey Airport?

COUNCILLOR HAUVILLE FILE: F12/1945QFNM3Will Councillors be given access to the monthly report from AIAC on their usage of Kempsey Airport in Aldavilla? How many reports have been furnished to Council since the agreement was signed?


COUNCILLOR HAUVILLE FILE: F12/1945QFNM4During 2018 how many safety and compliance inspections were undertaken of existing private swimming pools throughout Kempsey Shire?

COUNCILLOR HAUVILLE FILE: F12/1945QFNM5What is the process for picking up a motion that has “been laid on the table”, and has this meeting procedure been used at Council in recent history?

COUNCILLOR MORRIS FILE: F12/1945QFNM1In the past Council has considered the whole of life costs (operating and maintenance costs, and depreciation) in relation to proposed Capital Works. This practice seems to have been discontinued of late. Can this be reintroduced as it is an essential consideration in relation to Councils ongoing financial sustainability?

COUNCILLOR MORRIS FILE: F12/1945QFNM2Can this consideration also be extended to consider the whole of life costs (operating and maintenance costs, and depreciation) associated with any grant applications that will result in works being undertaken that will be capitalised?

COUNCILLOR MORRIS FILE: F12/1945QFNM3What is the assessed impact on Council's long term financial sustainability as a result of the handover of the associated road sections following the highway duplication, that have been reported to have a value in the order of $50 million?

COUNCILLOR MORRIS FILE: F12/1945QFNM4Can the development of a Master Plan for Stuarts Point be included in the next Delivery Plan of Council? If not, why not given the likely residential growth after the completion of the sewerage scheme?

COUNCILLOR MORRIS FILE: F12/1945QFNM5Will Council be reviewing the planning documents applicable for Stuarts Point and the surrounding region prior to the commissioning of the sewerage scheme to maximise the potential development opportunities?

COUNCILLOR PATTERSON FILE: F12/1945QFNM1Who is responsible for the basketball court in Verge Street, Kempsey? Can it be revitalised or maintained?


COUNCILLOR PATTERSON FILE: F12/1945QFNM2Traffic islands on the corner of Belgrave St, Stuart St and the exit of Big W onto Smith St need repairing. Can that be looked at?

COUNCILLOR PATTERSON FILE: F12/1945QFNM3Houses that are in Dunghutti Place, Greenhill, backing onto River St – who is the owner of these properties and can these fences be fixed and the yards be kept or maintained?

COUNCILLOR PATTERSON FILE: F12/1945QFNM4About the investigation of Belgrave St and Gladstone St intersections because of the proposed development. Is this happening now?

20 CONFIDENTIAL ITEMS


SECONDED: Cl Baxter

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 Services

File No 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.

2018.380


RESOLVED: MOVED: Cl ShieldsSECONDED: Cl McGinn

That the information be noted


20.2 TENDER TO ESTABLISH A PANEL TO PERFORM INVASIVE WEED CONTROL/VEGETATION MANAGEMENT SERVICES

Officer Greg Egan, Weeds Officer

File No TQE18/24 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.


SECONDED: Cl Baxter

That the following four tenders listed be accepted for a panel of pre-approved contractors to perform invasive weed control/management services at various locations in the Kempsey Shire Council Local Government Area for the period 1 March 2019 to 1 March 2022 with the option of two single year extensions subject to acceptable performance:

1. Beranghi Selective Spraying Services

2. Mid Coast All Terrain Vegetation and Weed Control Pty Ltd

3. RAW Environmental Services Pty Ltd

4. Rox Spraying Services


20.3 TENDER TQE18/20 CONSTRUCTION OF NEW DONDINGALONG RFS STATION


Officer Brian Ross, Coordinator Commercial Property & Facilities

File No TQE18/20

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.


SECONDED: Cl Saul

That Council:

1. Accepts the lump sum tender submitted by Osborne & Dowling Pty Ltd to construct a new Rural Fire station at Dondingalong (Tender TQE18/20) at a cost of $559,149.09 (excluding GST); and

2. Execute the contract documents under the seal of Council.


20.4 TQE18/21 CONSTRUCTION OF NEW AMENITIES BUILDING CRESCENT HEAD CBD


File No TQE18/21 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.

2018.383


RESOLVED: MOVED: Cl PattersonSECONDED: Cl Baxter

That Council:

1. Accepts the lump sum tender submitted by Osborne & Dowling Pty Ltd for the amount of $164,981.82 (excluding GST), to construct a new amenities building at Crescent Head CBD – Tender TQE18/21.

2. Fund the total project cost shortfall of $80,354 via the Toilet Block Replacement Program to permit the project to proceed through to finalisation; and



20.5 TQE18/22 CONSTRUCTION OF NEW AMENITIES BUILDING GLADSTONE PARK GLADSTONE


File No TQE18/22 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.


SECONDED: Cl Shields

That Council:

1. Accepts the lump sum tender submitted by Osborne & Dowling Pty Ltd for the amount of $134,794.73 (excluding GST), to construct a new amenities building at Gladstone Park, Gladstone – Tender TQE18/22.

2. That Council agree to fund the shortfall of $30,614 via Toilet Block Replacement Program to permit the project to proceed through to finalisation; and.




MOTION TO RESUME COUNCIL MEETING


SECONDED: Cl Shields

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 12:50 pm.

draft minutes of the ordinary meeting of kempsey shire ......ordinary council meeting - 19 february...

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