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  • Kempsey Shire Council – ordinary meeting 21 March 2017 Page 1

    MINUTES OF THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL 21 March 2017 commencing at 9.02am. 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, D L Rawlings; Director Sustainable Environment, R B Pitt; Director Community Engagement, K E Oliver; Director Infrastructure Services, R J Scott; Director Corporate Management, D B Hagger; 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”. STANDING ORDERS That Standing Orders be suspended to allow one minute silence in remembrance of ex Councillor Jim Gribbin.

    3 APOLOGIES Nil

    4 DECLARATIONS OF INTEREST Councillor Williams declared a non-pecuniary non-significant interest in item 13.4 for the reason that he is President of the Macleay Valley Rangers Soccer Club. Councillor Patterson declared a non-pecuniary non-significant interest in item 13.1 for the reason that he knows residents in the area.

  • Kempsey Shire Council – ordinary meeting 21 March 2017 Page 2

    5 ASSESSMENT OF ITEMS LISTED FOR CONFIDENTIAL CONSIDERATION

    2017.65 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Saul That the confidential reports be considered in the confidential section of the meeting.

    6 CONFIRMATION OF MINUTES

    2017.66 RESOLVED Moved: Cl. Morris Seconded: Cl. Hauville That the minutes of 21 February 2017 and 1 March 2017 meetings be dealt with separately.

    2017.67 RESOLVED: Moved: Cl. Shields

    Seconded: Cl. Williams That the minutes of the ordinary meeting of Kempsey Shire Council dated 21 February 2017 be confirmed.

    2017.68 RESOLVED: Moved: Cl. Shields Seconded: Cl. Williams That the minutes of the extraordinary meeting of Kempsey Shire Council dated 1 March 2017 be confirmed. Councillors Morris and Hauville recorded their votes against the foregoing Motion.

    8 PUBLIC FORUM / PRESENTATIONS Public Forum 1 - Mr Malcolm Britt, Planning and Infrastructure Officer Busways Group Pty Ltd addressed

    Council speaking in relation to a non-agenda item - the safety of students at Aldavilla School.

    2 - Ms Jenna Eakin addressed Council speaking against item 13.1 Proposal of Rezoning Lot

    262 Marys Bay Road, Euroka. Presentations

    Nil

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

  • Kempsey Shire Council – ordinary meeting 21 March 2017 Page 3

    MOVED: Moved: Cl. Morris Seconded: Cl. Patterson That the Agenda Order of Business be adopted with item 15 matters being dealt with prior to item 13 matters. The MOTION was PUT to the Meeting and was LOST.

    2017.69 RESOLVED Moved: Cl. McGinn Seconded: Cl. Shields That the Agenda Order of Business be adopted.

    10 CONSIDERATION OF REPORTS RELATING TO PUBLIC FORUM MATTERS

    2017.70 RESOLVED: Moved: Cl. Morris Seconded: Cl. Williams That the reports addressed in public forum be brought forward and dealt with immediately.

    ITEM 13.1 PLANNING PROPOSAL MARYS BAY ROAD, EUROKA

    Contact Person: Robert Pitt – Director Sustainable Environment File: RZ-16-6

    PURPOSE To advise that a Planning Proposal has been prepared to amend Kempsey Local Environmental Plan (KLEP) 2013 to change the zoning and minimum lot size for a rural land parcel in Euroka.

    2017.71 RESOLVED Moved: Cl. Patterson Seconded: Cl. Baxter That the Planning Proposal and associated documentation be submitted to the Minister for Planning for consideration of issuing a “gateway determination” pursuant to Section 56 of the Environmental Planning and Assessment Act 1979. A Division resulted in the following votes. F = Voted For A = Voted Against

    Baxter F Campbell F Hauville F McGinn F Morris F

    Patterson F Saul F Shields F Williams F

    11 CONSIDERATION OF REPORTS RELATING TO A CONSENSUS MOTION

    2017.72 RESOLVED: Moved: Cl. Shields Seconded: Cl. Williams

  • Kempsey Shire Council – ordinary meeting 21 March 2017 Page 4

    That the recommendations contained in items 13.9, 13.11 – 13.13, 18.1 and 20.1 in the current agenda as listed be adopted.

    ITEM 13.9 PROCUREMENT POLICY

    Contact Person: Kathy Oliver - Director Community Engagement File: F12/303-05 F12/1101-03

    PURPOSE To provide information on the quadruple bottom line process.

    2017.73 RESOLVED: Moved: Cl. Shields Seconded: Cl. Williams That the information be noted.

    ITEM 13.11 SERVICE REVIEW STATUS UPDATE

    Contact Person: Daryl Hagger – Director Corporate Management File: F12/1720

    PURPOSE To provide a progress report for service reviews being undertaken.

    2017.74 RESOLVED: Moved: Cl. Shields Seconded: Cl. Williams That the information be noted.

    ITEM 13.12 PROPOSED RENAMING OF EASTERN EXTENT OF SOUTH STREET, SOUTH KEMPSEY

    Contact Person: Robert Scott – Director Infrastructure Services File: F12/1851

    PURPOSE To rename the extent of South Street, South Kempsey, on the eastern side of Macleay Valley Way, as two separate no through roads.

    2017.75 RESOLVED: Moved: Cl. Shields Seconded: Cl. Williams 1 That the name ‘Faulkner Street’ be adopted for the extent of road travelling east from the

    intersection of Macleay Valley Way.

  • Kempsey Shire Council – ordinary meeting 21 March 2017 Page 5

    2 That the name ‘Maragan Place’ be adopted for the extent of road travelling south of the first road extent.

    3 That the new road extents and road names be gazetted.

    ITEM 13.13 CODE OF CONDUCT REVIEW PANEL

    Contact Person: Daryl Hagger – Director Corporate Management File: F12/1789

    PURPOSE To appoint a Code of Conduct Review Panel to serve as conduct reviewers of local government code of conduct matters for Kempsey Shire Council.

    2017.76 RESOLVED: Moved: Cl. Shields Seconded: Cl. Williams That providers contained on the Investigation Services Suppliers list specified under the Performance and Management Services Prequalification Scheme administered by NSW Procurement be appointed as conduct reviewers of local government code of conduct matters for Kempsey Shire Council for a four (4) year period commencing on 1 June 2017.

    ITEM 18.1 KEY PERFORMANCE INDICATORS

    Contact Person: Kathy Oliver – Director Community Engagement File: F12/1908

    PURPOSE Updating status of key performance indicators.

    2017.77 RESOLVED: Moved: Cl. Shields Seconded: Cl. Williams That the information be noted.

    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

  • Kempsey Shire Council – ordinary meeting 21 March 2017 Page 6

    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.

    2017.78 RESOLVED: Moved: Cl. Shields Seconded: Cl. Williams That the information be noted.

    12 MAYORAL MINUTES Nil

    13 STAFF REPORTS

    ITEM 13.1 PLANNING PROPOSAL MARYS BAY ROAD, EUROKA

    Contact Person: Robert Pitt – Director Sustainable Environment File: RZ-16-6

    This report was dealt with earlier in the meeting just after PUBLIC FORUM.

    ITEM 13.2 VARIATION TO HEIGHT LIMIT

    Contact Person: Robert Pitt - Director Sustainable Environment File: T6-16-112 REV 01

    PURPOSE To consider an application for a mixed-use development in South West Rocks which requires a variation greater than 10% to the building height development standard under Kempsey Local Environmental Plan (KLEP) 2013.

    2017.79 RESOLVED Moved: Cl. Morris Seconded: Cl. Saul 1 That the variation sought to the building height development standards in clause 4.3 of

    KLEP 2013 be supported. 2 That approval be granted to modify development consent T6-16-112 by deletion of

    Condition 2. A Division resulted in the following votes. F = Voted For A = Voted Against

    Baxter F Campbell F Hauville A McGinn F Morris F

    Patterson F Saul F Shields F Williams F

  • Kempsey Shire Council – ordinary meeting 21 March 2017 Page 7

    ITEM 13.3 KLEP 2013 AMENDMENT NO. 8 – PLANNING PROPOSAL – NEVILLE MORTON DRIVE, DULCONGHI - CRESCENT HEAD

    Contact Person: Robert Pitt - Director Sustainable Environment File: KLEP2013-AM-8

    PURPOSE To advise of t