edited minutes of the ordinary meeting of kempsey …...2016/09/27 · this is page 2 of the...

This is page 1 of the minutes of the Kempsey Shire Council ordinary meeting held Tuesday 27 September 2016.

MINUTES OF THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL 27 September 2016 commencing at 9.02am. PRESENT: Councillors E A Campbell (Mayor and Chairman), M J Baxter, L J Hauville, B J Morris, A P Patterson, D F Saul, A T Shields and A J Williams General Manager, D B Hagger; Director Sustainable Environment, R B Pitt; Director Community Engagement, K E Oliver; Director Infrastructure Services, R J Scott; Manager Information Management and Governance, D S Thoroughgood; and Minute Taker D M Pearson.

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

2016.192 RESOLVED: Moved: Cl. Morris Seconded: Cl. Shields That the apology submitted by Councillor McGinn for non-attendance at the meeting be accepted and leave of absence granted.

OATH AND AFFIRMATION FOR COUNCILLORS

OATH AND AFFIRMATION FOR COUNCILLORS

Contact Person: Daryl Hagger – Acting General Manager File: F12/1587

PURPOSE To provide the opportunity for each Councillor of Kempsey Shire Council to take an oath of office or


make an affirmation of office before they can perform their functions and duties. Councillors took an oath of office or made an affirmation of office at the Council meeting held on 27 September 2016 as follows: Councillor Liz Campbell – Oath Councillor Mark Baxter – Oath Councillor Leo Hauville – Oath Councillor Bruce Morris – Oath Councillor Anthony Patterson – Oath Councillor Dean Saul – Oath Councillor Anna Shields – Affirmation Councillor Ashley Williams – Affirmation It was noted that Councillor Sue McGinn took the oath of office on 22 September 2016

4 DECLARATIONS OF INTEREST Nil

5 ASSESSMENT OF ITEMS LISTED FOR CONFIDENTIAL CONSIDERATION

2016.193 RESOLVED: Moved: Cl. Morris Seconded: Cl. Patterson That the confidential reports be considered in the confidential section of the meeting.

6 CONFIRMATION OF MINUTES

2016.194 RESOLVED: Moved: Cl. Shields Seconded: Cl. Saul That the minutes of the ordinary meeting of Kempsey Shire Council dated 9 August 2016 be confirmed.

7 CITIZENSHIP CEREMONIES Nil

8 PUBLIC FORUM / PRESENTATIONS Public Forum 1 - Richard Campbell and Tiffany McComsey from the Kinchela Boys Home Aboriginal

Corporation addressed Council speaking on the work it is doing and what it hopes to establish in the Kempsey Shire LGA, which include a healing centre and museum.


2 - Gail Burns from the Macleay Valley Diabetes Group addressed Council speaking on item

15 Use of Banner Poles – Smith Street

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

2016.195 RESOLVED: Moved: Cl. Shields

Seconded: Cl. Patterson That the Agenda Order of Business be adopted with item 13.1 be dealt with before item 12.1 and the meeting be adjourned before confidential section to allow the Reserve Trust meetings to be dealt with.

10 CONSIDERATION OF REPORTS RELATING TO PUBLIC FORUM MATTERS

2016.196 RESOLVED: Moved: Cl. Patterson Seconded: Cl. Morris That the reports addressed in public forum be brought forward and dealt with immediately.

ITEM 15.1 USE OF BANNER POLES – SMITH STREET (PROCEDURE 1.2.20)

Contact Person: Bruce Morris – Councillor File: F12/1583

2016.197 RESOLVED: Moved: Cl. Morris

Seconded: Cl. Saul That Council move into workshop to allow discussion in open Council on item 15.1

2016.198 RESOLVED: Moved: Cl. Shields Seconded: Cl. Williams That the formal Council meeting be resumed.

2016.199 RESOLVED Moved: Cl. Morris Seconded: Cl. Williams 1 That procedure 1.2.20 Use of Banner Poles be varied for the application from Macleay

Valley Coast Diabetes Group Inc. for the 2016 Dia-Bete-It Party, to allow a maximum of 40% of the banner for sponsorship recognition, with the phase “Proudly Sponsored by” or similar not being included within the 40%. A minimum of 50% of the banner being used to promote the Dia-Bete-It Party, with the inclusion of the Facebook social media logo being permitted within this section of the banner.

2 That the period of display of the banners be varied to allow a minimum period of 14 days,

with this period extended if other applications have not been received and Council does not


have any coordinated activities or promotions scheduled that will utilise the banner poles. 3 That the removal of the banners be varied from ‘must be taken down the day after the

event’ to ‘are to be removed as soon as possible after the event without attracting penalty rates of pay’.

4 That the same procedures apply for any other not for profit community group prior to the

review of the procedure by Council. 5 That procedure 1.2.20 Use of Banner Poles be brought back to Council to review by the

December 2016 meeting of Council. The Mayor noted that the forgoing resolution was passed UNANIMOUSLY. Presentations Clubgrants

At this stage 10.00am a presentation of cheques to successful applicants;

- Cedar Place Aged Care Facility Ltd

- Valley Community Church auspiced by LifeHouse Church - absent - Kempsey Basketball Association Inc. - Autism Spectrum Australia (ASPECT) – absent Last year’s recipients; - Alzheimer’s Australia NSW

- RFS Aviation Support Unit

11 CONSIDERATION OF REPORTS RELATING TO A CONSENSUS MOTION

2016.200 RESOLVED: Moved: Cl. Morris Seconded: Cl. Baxter That recommendations in items 13.16, 13.18, 13.20 to 13.24, and 17.1 be adopted.

ITEM 13.16 DELIVERY PROGRAM 2017 - 2021

Contact Person: Kathy Oliver – Director Community Engagement File: F12/423-05

PURPOSE

Reporting on the process of developing the Delivery Program 2017 – 2021.


2016.201 RESOLVED: Moved: Cl. Morris Seconded: Cl. Baxter That the information be noted.

ITEM 13.18 CLASSIFICATION OF LAND OCCUPIED BY THE MACLEAY VALLEY COMMUNITY CARE CENTRE

Contact Person: Robert Scott – Director Infrastructure Services File: F12/521-05, LA3883 LA14064 LA14065

PURPOSE

To adopt a classification of land in Yaelwood Street, Kempsey, occupied by the Macleay Valley Community Care Centre that reflects its operational use.

2016.202 RESOLVED: Moved: Cl. Morris Seconded: Cl. Baxter That Lots 1, 2 and 3 DP1133661 (2, 4 and 6 Yaelwood Street, Kempsey) be classified as operational land.

ITEM 13.20 TENDER FOR SUPPLY AND DELIVERY OF CONCRETE PIPES


PURPOSE

To accept a tender for the supply and delivery of concrete pipes for participating Council’s under the Richmond Tweed, Orana Regional Organisation, Hunter and Mid North Coast Group of Council Alliances.

2016.203 RESOLVED: Moved: Cl. Morris Seconded: Cl. Baxter That the tender submission from Holcim Australia Pty Ltd T/A Humes for the supply and delivery of concrete pipes be accepted for the period 1 October 2016 until 30 September 2018. An additional 12 month option may be taken based on satisfactory performance by the successful tenderer which would extend this contract to 30 September 2019.

ITEM 13.21 MAYORAL COMMUNITY FUND ACKNOWLEDGEMENTS

Contact Person: Daryl Hagger – Director Corporate Management Services File: F12/1124-03


PURPOSE

Reporting on acknowledgements from recipients of the 2016 round of applications to the Mayoral Community Fund.


ITEM 13.22 PECUNIARY INTEREST RETURNS AND DECLARATIONS

Contact Person: Daryl Hagger – Acting General Manager File: F12/374-05

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.

2016.205 RESOLVED: Moved: Cl. Morris Seconded: Cl. Baxter That the lodgement and tabling of the 2015/2016 Pecuniary Interest Returns be noted.

ITEM 13.23 STATEMENT OF CASH AND INVESTMENTS

Contact Person: Tony Curtin – Manager Finance File: N/A

PURPOSE Reporting on the statement of bank balance and investments for the month of August 2016.


ITEM 13.24 DEVELOPMENT APPROVALS AND CONSTRUCTION CERTIFICATES

Contact Person: Robert Pitt – Director Sustainable Environment File: N/A

PURPOSE

To report that the following applications have been approved for the period of August 2016 and


includes approvals by Private Certifiers.


ITEM 17.1 LOCAL TRAFFIC COMMITTEE MEETING HELD ON 6 SEPTEMBER 2016

Contact Person: Robert Scott – Director Infrastructure Services File: F12/1073-05

PURPOSE

For Council to adopt the minutes of the Local Traffic Committee meeting 6 September 2016

2016.208 RESOLVED: Moved: Cl. Morris Seconded: Cl. Baxter

That the recommendations of the Local Traffic Committee meeting held 6 September 2016 be adopted.

ITEM 13.1 ELECTION OF DEPUTY MAYOR


PURPOSE To elect a Deputy Mayor in accordance with the Local Government Act 1993.

2016.209 RESOLVED: Moved: Cl. Morris Seconded: Cl. Patterson That Council move into workshop to allow discussion in open Council on item 13.1

2016.210 RESOLVED: Moved: Cl. Patterson Seconded: Cl. Morris That the formal Council meeting be resumed. MOTION Moved: Cl. Patterson Seconded: Cl. Baxter That elections be held for Deputy Mayor, the position be for a term of one year and elections be by secret ordinary ballot.


An Amendment was MOVED: Moved: Cl. Hauville Seconded: Cl. Saul That the elections for Deputy Mayor be for a term of one year and elections be by secret preferential ballot. The AMENDMENT was PUT to the Meeting and was LOST.

2016.211 The MOTION was PUT to the MEETING and was CARRIED. Nominations for the role of Deputy Mayor were received from Council Ashley Williams and Councillor Bruce Morris. Councillor Bruce Morris subsequently withdrew his nomination. The General Manager declared Councillor Ashley Williams elected as Deputy Mayor. At this stage 10.38am the meeting adjourned for morning tea and upon resumption at 11.00am all present at the adjournment were in attendance.

12 MAYORAL MINUTES

ITEM 12.1 LOCAL GOVERNMENT NSW ANNUAL CONFERENCE 2016

Contact Person: Mayor Liz Campbell File: F12/512-05

PURPOSE

To finalise the voting delegates and attending delegates representing Kempsey Shire Council at the LGNSW Conference 2016 being held in Wollongong from 16 - 18 October 2016.

2016.212 RESOLVED Moved: Cl. Campbell

1 That the Mayor, Deputy Mayor Williams and Councillor Morris be voting delegates to attend

the LGNSW Conference 2016 to be held in Wollongong 16 - 18 October 2016. 2 That Councillors Saul and Patterson be endorsed to attend the conference.

13 STAFF REPORTS This report was dealt with earlier in the meeting just after section 11 Consideration of Reports relating to a Consensus Motion.


ITEM 13.2 FOUR (4) LOT SUBDIVISION AND ALTERATIONS AND ADDITIONS TO DWELLING

Contact Person: Robert Pitt - Director Sustainable Environment File: T6-16-217

PURPOSE

Reporting that an application has been received to re-subdivide two lots into four lots and make alterations and additions to a dwelling at South West Rocks. The subdivision requires a variation greater than 10% to the minimum lot size development standard under Kempsey Local Environmental Plan (KLEP) 2013 and is therefore required to be determined by Council. Applicant: Gavco Investments Pty Ltd Property: Lot 1 DP245033 and Lot 5 DP171777

27-31 Memorial Avenue & 21 Landsborough Street, South West Rocks Zone: R3 Medium Density Residential Zone

2016.213 RESOLVED Moved: Cl. Shields Seconded: Cl. Patterson 1 That the variation sought to the minimum lot size development standard under KLEP 2013

be supported. 2 That development consent be granted to development application T6-16-217 for Four (4)

Lot Subdivision, and Alterations and Additions to Dwelling at 27-31 Memorial Avenue & 21

Landsborough Street, South West Rocks, subject to the conditions contained in (Appendix

A - Page 1).

A Division resulted in the following votes. F = Voted For A = Voted Against

Baxter F Campbell F Hauville F Morris F

Patterson F Saul F Shields F Williams F

ITEM 13.3 KLEP 2013 AMENDMENT NO. 9 – PLANNING PROPOSAL – ‘INFORMATION AND EDUCATION FACILITIES’, ‘RESTAURANT OR CAFÉS’ ‘TOURIST AND VISITOR ACCOMMODATION’ IN RURAL ZONES

Contact Person: Robert Pitt - Director Sustainable Environment File: KLEP2013-AM-9

PURPOSE

To advise of the outcomes of the Consultation/Public Exhibition for the Planning Proposal for Draft Kempsey LEP Amendment No 9.

http://www.kempsey.nsw.gov.au/council/meetings/2016/2016-09-27/index.html

http://www.kempsey.nsw.gov.au/council/meetings/2016/2016-09-27/index.html


The Planning Proposal is to amend the Kempsey LEP 2013 to permit ‘information and education facilities’ and ‘restaurant or cafes’ in the RU1, RU2 and RU4 zones and ‘tourist and visitor accommodation’ in the RU1, RU2, RU4 and R5 zones.

2016.214 RESOLVED Moved: Cl. Shields Seconded: Cl. Williams That Council exercise Delegation from the NSW Department of Planning and Environment to make the LEP Amendment.




The Mayor noted that the forgoing resolution was passed UNANIMOUSLY.

ITEM 13.4 KLEP 2013 AMENDMENT NO. 10 – PLANNING PROPOSAL – 1023 CRESCENT HEAD ROAD, CRESCENT HEAD

Contact Person: Robert Pitt - Director Sustainable Environment File: KLEP2013-AM-10

PURPOSE

To advise of the outcomes of the Consultation/Public Exhibition for the Planning Proposal for Draft Kempsey LEP Amendment No 10.

The Planning Proposal is to amend the Kempsey LEP 2013 to revise the Lot Size Map as it applies to this land parcel which is in the RU4 Primary Production Small Lots zone in the Crescent Head locality, to a minimum lot size of four (4) hectares.

Subject Land: Lot 41 DP1098163, 1023 Crescent Head Road, Crescent Head

2016.215 RESOLVED Moved: Cl. Morris Seconded: Cl. Shields That Council exercise delegation from the NSW Department of Planning and Environment to make the LEP Amendment.





ITEM 13.5 DRAFT CHAPTER B9 – LANDSCAPING OF THE KEMPSEY DEVELOPMENT CONTROL PLAN 2013

Contact Person: Robert Pitt – Director Sustainable Environment File: 1544

PURPOSE To advise of the results of public exhibition of Draft Chapter B9 –Landscaping of the Kempsey Development Control Plan (KDCP) 2013.

2016.216 RESOLVED Moved: Cl. Baxter Seconded: Cl. Shields That Draft Chapter B9 – Landscaping of the Kempsey Development Control Plan 2013, be adopted and notified in accordance with the Environmental Planning and Assessment Regulation 2000. A Division resulted in the following votes. F = Voted For A = Voted Against



ITEM 13.6 DRAFT CHAPTER B13 – HERITAGE AREAS/DEVELOPMENT OF THE KEMPSEY DEVELOPMENT CONTROL PLAN 2013

Contact Person: Robert Pitt – Director Sustainable Environment File: 1544

PURPOSE

To advise of submissions received during the exhibition period for Draft Chapter B13 – Heritage Areas/Developments of the Kempsey Development Control Plan (KDCP) 2013.

2016.217 RESOLVED Moved: Cl. Patterson Seconded: Cl. Hauville That Draft Chapter B13 – Heritage Areas/Development of the Kempsey Development Control Plan 2013 be adopted.





ITEM 13.7 DRAFT CHAPTER B12 - ABORIGINAL HERITAGE - KEMPSEY COMPREHENSIVE DEVELOPMENT CONTROL PLAN 2013

Contact Person: Georgia Rayner – Coordinator Strategic Planning and Natural Resources File: 1544

PURPOSE

To seek Council’s endorsement of draft Chapter B12 – Aboriginal Heritage (the Draft Chapter), in the Kempsey Comprehensive Development Control Plan 2013 for the progress of public exhibition.

2016.218 RESOLVED Moved: Cl. Morris Seconded: Cl. Williams That the Draft Chapter B12 – Aboriginal Heritage in the Kempsey Comprehensive Development Control Plan 2013 be placed on public exhibition for a period of 28 Days.




ITEM 13.8 TENDER FOR THE PROVISION OF A TEN (10) YEAR WASTE COLLECTION SERVICE – TQE16/1

Contact Person: Robert Scott – Director Infrastructure Services File: TQE16/1

PURPOSE:

To provide additional information regarding the assessment of tenders for the provision of waste collection services.

2016.219 RESOLVED Moved: Cl. Saul Seconded: Cl. Williams That the ten (10) year schedule of rates submitted by Cleanaway PTY LTD be accepted for Waste Collection Service (TQE16/1).


ITEM 13.9 REVIEW OF COMMITTEES, WORKING GROUPS AND APPOINTMENT OF DELEGATES


PURPOSE To appoint a Councillor(s) to committees and working groups for the two year period ending September 2018.

2016.220 RESOLVED Moved: Cl. Williams Seconded: Cl. Morris That appointments to committees and working groups for the two year period ending September

2018 be as detailed below;

Australia Day Awards Committee ............................................................................. All Councillors Bush Fire Management ........................................................................ Morris and Saul (Alternate) Zone Liaison Committee ....................................................................... Morris and Saul (Alternate) Business Advisory Group ..................................................................................... General Manager Clubgrants Committee .......................................................... Mayor and Deputy Mayor (Alternate) Flood Plain Management Australia .................................................... Mayor and Morris (Alternate) General Manager’s Performance Review Panel ........ Mayor, Deputy Mayor, Hauville, (GM selected) Local Traffic Committee ....................................................................................................... Mayor Melville Community Centre Management Committee .......... Mayor, Hauville and Morris (Alternate) Mid North Coast Regional Arts Board ................................................................................... Baxter Mid North Coast Regional Weeds Advisory Committee .................................................... Dissolved Natural Resources Working Group .......................................................... Mayor, Morris and Shields North-East Zone Public Libraries NSW Committee ................................................................. Morris At this stage, 11.45am, Councillor Patterson left the Chambers and apologised for non-attendance at the remainder of the meeting. Mayoral Community Fund Committee ...................................................................... All Councillors Works Committee ................................................................................................... All Councillors Sports Council .............................................................................................Williams and Patterson SWR Sport and Recreation Association delegate + alternative .......................... Shields and Williams

ITEM 13.10 PROCEDURE ON PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO THE MAYOR AND COUNCILLORS

Contact Person: Daniel Thoroughgood – Manager Information Management & Governance

File: F12/417-05

PURPOSE To review of Council’s procedure on the payment of expenses and provision of facilities to the Mayor


and Councillors. This procedure is required to be reviewed annually and placed on public exhibition.

2016.221 RESOLVED Moved: Cl. Morris Seconded: Cl. Baxter That the draft payment of expenses and provision of facilities to the Mayor and Councillors procedure as amended be placed on public exhibition for 28 days.

ITEM 13.11 COUNCIL MEETING DATES


PURPOSE To adopt dates for Council meetings and community venues until the end of 2017. MOTION Moved: Cl. Williams Seconded: Cl. Shields 1 That the following schedule of Council meeting dates from November 2016 up to December

2017 be adopted: Tuesday 15 November 2016 Tuesday 20 December 2016 January - No Meeting Tuesday 21 February 2017 Tuesday 21 March 2017 Tuesday 18 April 2017 Tuesday 16 May 2017 Tuesday 20 June 2017 Tuesday 18 July 2017 Tuesday 15 August 2017 Tuesday 19 September 2017 Tuesday 17 October 2017 Tuesday 21 November 2017 Tuesday 19 December 2017 2 That the November 2016 meeting be held at Kundabung. 3 That the April 2017 meeting be held at Smithtown. 4 That the October 2017 meeting be held at Hat Head. An Amendment was MOVED: Moved: Cl. Hauville Seconded: Cl. * That the November 2016 meeting be held at Stuarts Point. The Amendment LAPSED for want of a SECONDER.


An Amendment was MOVED: Moved: Cl. Morris Seconded: Cl. Hauville That the meetings held in the Civic Centre commence at 5.00pm. The AMENDMENT was PUT to the Meeting and was LOST. Councillors Hauville and Morris recorded their votes for the foregoing amendment.

2016.222 The MOTION was PUT to the MEETING and was CARRIED.

ITEM 13.12 COUNCILLOR VACANCY


PURPOSE To determine that any councillor vacancy that occurs within eighteen (18) months after the date of the last ordinary election that the vacancy is filled by a countback of votes cast at the last election.

2016.223 RESOLVED Moved: Cl. Shields Seconded: Cl. Morris That where a councillor vacancy occurs within eighteen (18) months after the date of the last ordinary election the vacancy is filled by a countback of votes cast at the last election for that office.

ITEM 13.13 WORKS IN PROGRESS AND REVOTES AT 30 JUNE 2016


PURPOSE

Reporting on projects which are proposed to be carried forward to the 2016/2017 financial year.

2016.224 RESOLVED Moved: Cl. Saul Seconded: Cl. Williams 1 That the information in respect of the Works in Progress at 30 June 2016 is noted. 2 That works detailed in the attached report totalling $11.6M Works in Progress and $2.7M

Revotes be revoted for completion in 2016/2017 financial year.


ITEM 13.14 FINANCIAL REPORTS FOR THE TWELVE MONTHS TO 30 JUNE 2016


PURPOSE

Reporting on requirements for the preparation and audit of the financial reports to 30 June 2016.

2016.225 RESOLVED Moved: Cl. Shields Seconded: Cl. Morris That pursuant to Section 413(2)I of the Local Government Act 1993 Council declare that in its opinion: a The financial reports fairly represent the financial position of Kempsey Shire Council as at

30 June 2016. b The financial reports have been prepared in accordance with the requirements of the Local

Government Act 1993 and the regulations made thereunder, the Local Government Code of Accounting Practice and Financial Reporting, and the Australian Accounting Standards.

c The financial reports are in accord with Council’s accounting and other records. d Council is not aware at this time of any circumstances, which would render any particulars

included in the financial report to be misleading or inaccurate.

ITEM 13.15 DONATION REQUEST – SOUTH WEST ROCKS PRE-SCHOOL

Contact Person: Robert Scott – Director Infrastructure Services File: F12/319-05 LA1408

PURPOSE

To seek Council approval for the donation of shade sail poles that are no longer required in Horseshoe Bay Playground to the local community Pre-School

2016.226 RESOLVED Moved: Cl. Shields Seconded: Cl. Williams That the shade sail poles be sold to the South West Rocks Pre-School for less than their market value as a donation.

ITEM 13.17 FIXING COUNTRY ROADS – SOUTH KEMPSEY VILLAGE BYPASS

Contact Person: Robert Scott – Director Infrastructure Services File: F12/1589


PURPOSE

To accept an offer for grant funding of $2.25M under the Fixing Country Roads Program to establish a heavy vehicle bypass of South Kempsey village by extending South Street through to Gowings Hill Road.

2016.227 RESOLVED: Moved: Cl. Hauville Seconded: Cl. Baxter That Council move into workshop to allow discussion in open Council on this item

2016.228 RESOLVED: Moved: Cl. Shields Seconded: Cl. Morris That the formal Council meeting be resumed.

2016.229 RESOLVED Moved: Cl. Williams Seconded: Cl. Morris 1 That the funding deed be executed by the Mayor and General Manager.

2 That $319,000 of funding from Section 94 Roads be allocated to the project.

3 That the roadworks program for 2016/2017 be varied to provide the remaining funding contribution for the project.

ITEM 13.19 PROPOSED RENAMING OF EAST STREET AND BELLBROOK ABORIGINAL STATION ROAD, BELLBROOK

Contact Person: Robert Scott – Director Infrastructure Services File: F12/650-05 R12/271 R12/38 R12/626

PURPOSE

To rename the continuous road comprising of East Street and Bellbrook Aboriginal Station Road with one name to eliminate any confusion with property addresses.

2016.230 RESOLVED Moved: Cl. Morris Seconded: Cl. Shields 1 That the continuous road extent be renamed ‘Thunghutti Drive’.

2 That the new road extent and road name be gazetted.

14 RESCISSION MOTIONS Nil


15 NOTICES OF MOTION This report was dealt with earlier in the meeting just after PUBLIC FORUM.

16 DELEGATES REPORT Nil

17 COMMITTEE REPORTS

18 DELIVERY PROGRAM PERFORMANCE INDICATORS

ITEM 18.1 KEY PERFORMANCE INDICATORS


PURPOSE Reporting on the key performance indicators for the month ending 31 August 2016.

2016.231 RESOLVED: Moved: Cl. Williams Seconded: Cl. Shields That the information be noted.

19 COUNCILLOR QUESTIONS 2016-9-27

RBP WD-03-02 COUNCILLOR D F SAUL FILE: F12/227-05 QFNM1 Will Council be providing an updated report on the Kempsey saleyards maintenance and hygiene issues?

2016-9-27

RJS HD-02-02 COUNCILLOR A J WILLIAMS FILE: F12/227-05 QFNM1 Does Council’s charge for the use of sporting field lights (per globe) cover the total electricity cost? If not, how much does this service cost Council?

2016-9-27

RJS HD-01-01 COUNCILLOR M J BAXTER FILE: F12/227-05


QFNM1 Could a timeframe be provided for the new water treatment plants at Hat Head and Crescent Head and confirm that the new plants will include water filtration system?

2016-9-27

RBP WD-03-02 COUNCILLOR M J BAXTER FILE: F12/227-05 QFNM2 Is there any way Council can ensure that we get maximum employment opportunities for our constituents in the construction of the extension of the North Coast Correctional Facility?

2016-9-27

RBP WD-03-02 COUNCILLOR M J BAXTER FILE: F12/227-05 QFNM3 Can Councillors be supplied with the most recent unemployment rate of the Shire, both a total and Indigenous rate?

2016-9-27

DBH CAD-01-03 COUNCILLOR M J BAXTER FILE: F12/227-05 QFNM4 If the Council meeting moved to a start time of 5pm and went for 6 hours can the additional cost be indicated?

2016-9-27

RJS WD-05-03 COUNCILLOR B J MORRIS FILE: F12/227-05 QFNM1 The work in Lord Street. The guard rail on the eastern side of the road is non-compliant in a lot of sections. Is there any works scheduled for the rectification?

2016-9-27

RJS WD-05-03 COUNCILLOR B J MORRIS FILE: F12/227-05 QFNM2 The pedestrian refuge in Smith Street that was damaged when the asphalt was laid. When is it likely to be repaired?

2016-9-27

RJS WD-05-03 COUNCILLOR B J MORRIS FILE: F12/227-05 QFNM3 Is there any works scheduled to remove the water ponding near the intersection of Belgrave and Smith Street that results in water being splashed across the footpath during rain events?

At this stage 12.42pm the meeting adjourned to allow consideration of the Reserve Trusts prior to Confidential section.

This is page 1 of the minutes of the South West Rocks Holiday And Leisure Reserves Reserve (R210102) Trust meeting held at the conclusion of the Kempsey Shire Council ordinary meeting held Tuesday 27 September 2016

MINUTES OF THE SOUTH WEST ROCKS HOLIDAY AND LEISURE RESERVES RESERVE (R210102) TRUST 27 September 2016 commencing at 12.46pm. PRESENT: Councillors E A Campbell (Mayor and Chairman), M J Baxter, L J Hauville, B J Morris, D F Saul, A T Shields and A J Williams General Manager, D B Hagger; Director Sustainable Environment, R B Pitt; Director Community Engagement, K E Oliver; Director Infrastructure Services, R J Scott; Manager Information Management and Governance, D S Thoroughgood; and Minute Taker D M Pearson.

1 APOLOGIES

2016.232 RESOLVED: Moved: Cl. Shields Seconded: Cl. Williams That the apology submitted by Councillors McGinn and Patterson for non-attendance at the meeting be accepted and leave of absence granted.

2 REPORTS

ITEM 1 GRANT OF MORTGAGE OF LEASE – SOUTH WEST ROCKS TOURIST PARK

Contact Person: Robert Scott– Director Infrastructure Services File: F12/1229 LA19896 LA19897 LA19898

PURPOSE

To consider providing consent to a mortgage of the lease of the South West Rocks Tourist Park situated in Gordon Young Drive, South West Rocks.

2016.233 RESOLVED Moved: Cl. Shields Seconded: Cl. Morris

1 That the Common Seal of the Reserve Trust be affixed to the Consent of Mortgage of the Lease entered into between the Mortgagor, INA Operations Pty Limited and the Mortgagee CBA Corporate Services (NSW) Pty Limited, in respect of registered lease AJ977382.

This is page 2 of the minutes of the South West Rocks Holiday And Leisure Reserves Reserve (R210102) Trust meeting held at the conclusion of the Kempsey Shire Council ordinary meeting held Tuesday 27 September 2016

2 The lessee meet all costs incurred by the Reserve Trust in providing consent to the mortgage.

ITEM 2 MODIFICATION TO THE NUMBER OF LONG TERM SITES - SOUTH WEST ROCKS TOURIST PARK

Contact Person: Robert Scott– Director Infrastructure Services File: L407A, LA19896 LA19897 LA19898

PURPOSE

To consider allowing an increase in the number of long term sites beyond that permitted by the current lease.

2016.234 RESOLVED Moved: Cl. Morris Seconded: Cl. Shields

That installation of long term sites as per the current development approval and Section 68 Approval to Operate be accepted, noting that the number of long term sites may exceed the numbers permitted in the current lease.

3 CONCLUSION There being no further business, the meeting terminated at 12.48pm.

This is page 1 of the minutes of the Crescent Head Road Rubbish Depot Reserve (R210024) Trust meeting held at the conclusion of the Kempsey Shire Council ordinary meeting held Tuesday 27 September 2016

MINUTES OF THE CRESCENT HEAD ROAD RUBBISH DEPOT RESERVE (R210024) TRUST 27 September 2016 commencing at 12.49pm. PRESENT: Councillors E A Campbell (Mayor and Chairman), M J Baxter, L J Hauville, B J Morris, D F Saul, A T Shields and A J Williams General Manager, D B Hagger; Director Sustainable Environment, R B Pitt; Director Community Engagement, K E Oliver; Director Infrastructure Services, R J Scott; Manager Information Management and Governance, D S Thoroughgood; and Minute Taker D M Pearson.

1 APOLOGIES

2016.235 RESOLVED: Moved: Cl. Baxter Seconded: Cl. Williams That the apology submitted by Councillors McGinn and Patterson for non-attendance at the meeting be accepted and leave of absence granted.

2 REPORTS

LAND ACQUISITION BY KEMPSEY SHIRE COUNCIL – CRESCENT HEAD ROAD WASTE MANAGEMENT FACILITY

Contact Person: Robert Scott – Director Infrastructure Services File: F12/1590 F12/1197 LA6219 LA22876 LA31728

PURPOSE

To consider the compulsory acquisition of part of the Reserve by the Kempsey Shire Council.

2016.236 RESOLVED Moved: Cl. Morris Seconded: Cl. Williams

That no objection be made to the compulsory acquisition by Kempsey Shire Council of Lot 7008 DP96356 and Lot 290 DP722701.


This is page 1 of the minutes of the South West Rocks Back Creek Community Reserve (R210098) Trust held at the conclusion of the Kempsey Shire Council ordinary meeting held Tuesday 27 September 2016.

MINUTES OF THE SOUTH WEST ROCKS BACK CREEK COMMUNITY RESERVE (R210098) TRUST 27 September 2016 commencing at 12.51pm. PRESENT: Councillors E A Campbell (Mayor and Chairman), M J Baxter, L J Hauville, B J Morris, D F Saul, A T Shields and A J Williams General Manager, D B Hagger; Director Sustainable Environment, R B Pitt; Director Community Engagement, K E Oliver; Director Infrastructure Services, R J Scott; Manager Information Management and Governance, D S Thoroughgood; and Minute Taker D M Pearson.

1 APOLOGIES

2016.237 RESOLVED: Moved: Cl. Saul Seconded: Cl. Shields That the apology submitted by Councillors McGinn and Patterson for non-attendance at the meeting be accepted and leave of absence granted.

2 REPORTS

LEASE RENEWAL – SOUTH WEST ROCKS STATE EMERGENCY SERVICES

Contact Person: Robert Scott– Director Infrastructure Services File:F12/1591 F12/1446 LA19583

PURPOSE

To renew the lease to the South West Rocks Unit of the NSW State Emergency Services.

2016.238 RESOLVED Moved: Cl. Shields Seconded: Cl. Saul

That the Common Seal of the Trust be affixed to the lease.



Upon resumption at 12.53pm all present at the adjournment were in attendance with the exception of Councillor Patterson who apologised for non-attendance at the remainder of the meeting.

20 CONFIDENTIAL ITEMS

2016.239 RESOLVED: Moved: Cl. Morris Seconded: Cl. Shields 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.

ITEM 20.3 DEVELOPMENT OF KEMPSEY CINEMA COMPLEX


Section 10A(2)(e) – Maintenance of Law This report is submitted on a confidential basis as it involves information that would, if disclosed, prejudice the maintenance of law. (Local Government Act 1993, section 10A(2)(e)) On balance, the public interest in preserving the confidentiality of the information which relates to matters of law, outweighs the public interest in openness and transparency in council decision making by discussing the matter in open meeting. PURPOSE To seek Council’s endorsement of the negotiated financial terms for the operation of a commercial cinema complex at Kempsey Central Shopping Centre.

2016.240 RESOLVED Moved: Cl. Shields Seconded: Cl. Morris That this item be deferred to a later meeting. At this stage 1.10pm the meeting adjourned for luncheon and upon resumption at 2.06pm all present at the adjournment were in attendance with the exception of Councillor Shields who apologised for non-attendance at the remainder of the meeting.

ITEM 20.1 VARIOUS LEGAL MATTERS

Contact Person: Daryl Hagger – Director Corporate Management File: F12/250-05

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. PURPOSE Reporting on the current position regarding legal matters.

2016.241 RESOLVED Moved: Cl. Morris Seconded: Cl. Williams That the information be noted.

ITEM 20.2 COMPLIANCE PROGRAM

Contact Person: Robert Pitt - Director Sustainable Environment File: F12/554-05

Section 10A(2)(e) – Maintenance of Law This report is considered on a confidential basis as it contains information that would if disclosed, prejudice the maintenance of law (Local Government Act 1993, Section 10A(2)(e). On balance, the public interest in preserving the confidentiality of the information which relates to matters of law outweighs the public interest in openness and transparency in council decision making by discussing the matter in open meeting. PURPOSE The purpose of this report is to inform Council of the status of current regulatory enforcement actions being undertaken, including the rationale for prioritising actions and the resource constraints within which these activities are delivered. Priorities for the current actions have been identified for which Council’s endorsement is sought.

2016.242 RESOLVED Moved: Cl. Saul Seconded: Cl. Williams 1 That the priorities under the regulatory compliance program be endorsed. 2 That a redacted version of the report deleting all confidential and private information be

included in the minutes of the meeting.


edited minutes of the ordinary meeting of kempsey …...2016/09/27 · this is page 2 of the...

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