edited minutes of the ordinary meeting of kempsey shire ... · 3/21/2017 · kempsey shire council...

Kempsey Shire Council – ordinary meeting 21 March 2017

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.


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


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


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.


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.


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.


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.


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



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 the outcomes of the Consultation/Public Exhibition for the Planning Proposal for Draft Kempsey LEP Amendment No 8. The LEP Amendment is to rezone land from Rural and Scenic Protection, to Environmental Conservation and Large Lot Residential purposes.

2017.80 RESOLVED Moved: Cl. Williams Seconded: Cl. Patterson That Council exercise delegation from the NSW Department of Planning and Environment to make the LEP Amendment. A Division resulted in the following votes. F = Voted For A = Voted Against

Baxter F Campbell F Hauville A McGinn F Morris F


7 CITIZENSHIP CEREMONIES At 10.10am the following citizens were nationalised; Ekaterina COTTON from USSR Rumbidzai MANJORO and Miss Angela MAVURAWA from Zimbabwe Jane PERONCE and Miss Juliette PERONCE from Philippines At this stage 10.21am the meeting adjourned for morning tea and upon resumption at 10.46am all present at the adjournment were in attendance.

ITEM 13.4 DRAFT MACLEAY VALLEY SPORTS STRATEGY

Contact Person: Steven Pellen – Coordinator Civic Services File: F12/1475

PURPOSE To provide Council with an update on the Macleay Valley Sports Strategy and present the draft document.

2017.81 RESOLVED Moved: Cl. Shields Seconded: Cl. Patterson


1 That the draft Macleay Valley Sports Strategy be placed on public exhibition for a period of

28 days. 2 That all sporting groups be advised of the draft and invited to make a submission.

ITEM 13.5 KEMPSEY CORRIDOR MASTERPLAN IMPLEMENTATION – UPDATE ON PROGRESS

Contact Person: Robert Scott – Director Infrastructure Services File: 1575

PURPOSE To provide an update on activities towards the implementation of the Kempsey Corridor Masterplan. MOVED Moved: Cl. Saul Seconded: Cl. Patterson 1 That the balance of funding remaining for implementation of the Kempsey Corridor

Masterplan works be allocated as recommended in the report. 2 That the target date for completion of actions in the operating plan be revised as follows:

Action/Project Original Completion Date

Revised Completion Date

Negotiate handover of northern bypass section of Macleay Valley Way

Mar 2017 Jun 2017

Smith Street northern avenue restoration Sep 2016 Apr 2017

South Kempsey Village Precinct Apr 2017 Apr 2018

Frederick Village streetscape upgrades Dec 2016 Apr 2017

Gateway Entry Statements Jun 2017 June 2018

3 That the projects intended for Memorial Park, Lower Belgrave Street, Gills Creek and

South Kempsey Parkway not proceed and be placed on the unfunded projects list. 4 That the budgets be adjusted to reflect the actual cost of the completed projects. 5 That the Belgrave Street project allocation be increased by $43,000. 6 That the allocation for the Frederickton village streetscape be increased by $200,000. 7 That the allocation for the Smith Street north avenue restoration be increased by $61,000. 8 That the northern and southern gateways projects continue. Any funding allocated to the

Frederickton heritage walk and the sculpture trail projects be allocated to the gateway projects.

9 That the scope of works and budget for the South Kempsey Village Precinct be reduced to

$538,000 to balance the funds remaining for expenditure within the total project funding


with a focus on the footpath areas fronting existing businesses. 10 That any incomplete projects be included in the unfunded projects list. WORKSHOP

2017.82 RESOLVED: Moved: Cl. Campbell Seconded: Cl. McGinn That Council move into workshop to allow discussion in open Council on item 13.5 MOTION TO RESUME COUNCIL MEETING

2017.83 RESOLVED: Moved: Cl. Morris Seconded: Cl. Williams That the formal Council meeting be resumed.

2017.84 The MOTION was PUT to the MEETING and was CARRIED.

ITEM 13.6 ANZAC DAY MARCHES KEMPSEY SHIRE – TRAFFIC CONTROL

Contact Person: Trevor Dickson – Manager Technical and Civic Services File: F12/523-05

PURPOSE To formulate, communicate and implement a shire-wide policy regarding traffic control requirements for ANZAC Day March events. MOVED Moved: Cl. Morris Seconded: Cl. Williams 1 That ANZAC Day marches are required to be undertaken in accordance with formal/event

approvals incorporating Traffic Management Plans. 2 That Traffic Management Plans be implemented by qualified traffic controllers at a cost of

$10,600 this year if necessary. 3 That savings identified in the next March Quarter budget review be used to fund this cost. 4 That Council in conjunction with the RSL sub-branches explore alternative funding options,

whether they be private, donations, volunteer or political representations to defray financial cost to Council.

WORKSHOP

2017.85 RESOLVED: Moved: Cl. Morris Seconded: Cl. McGinn That Council move into workshop to allow discussion in open Council on item 13.6 MOTION TO RESUME COUNCIL MEETING

2017.86 RESOLVED: Moved: Cl. McGinn


Seconded: Cl. Patterson That the formal Council meeting be resumed.

2017.87 The MOTION was PUT to the MEETING and was CARRIED.

ITEM 13.7 MAYORAL COMMUNITY FUND PROCEDURE

Contact Person: Daryl Hagger – Director Corporate Management File: F12/1658 F12/1933

PURPOSE To adopt the amended Mayoral Community Fund Procedure.

2017.88 RESOLVED Moved: Cl. McGinn Seconded: Cl. Patterson That the Mayoral Community Fund Procedure (2.10.6) as amended be adopted.

ITEM 13.8 JUDITH EVILL AGED CARE UNITS

Contact Person: David Rawlings – General Manager File: F12/1448

PURPOSE To determine whether the Judith Evill Homes for the Aged should be retained and operated by Council or disposed of. MOVED Moved: Cl. Patterson Seconded: Cl. Morris That expressions of interest for management of the facility as an affordable housing complex be sought.

WORKSHOP

2017.89 RESOLVED: Moved: Cl. Williams Seconded: Cl. Shields That Council move into workshop to allow discussion in open Council on item 13.8. MOTION TO RESUME COUNCIL MEETING

2017.90 RESOLVED: Moved: Cl. Shields Seconded: Cl. Patterson That the formal Council meeting be resumed.

2017.91 RESOLVED Moved: Cl. Campbell

Seconded: Cl. Shields


That this item be deferred until the confidential section of the meeting.

ITEM 13.10 MATTERS IN PROGRESS


PURPOSE To update Councillors on the progress of resolutions of Council.

2017.92 RESOLVED Moved: Cl. Hauville Seconded: Cl. Williams 1 That the information be noted. 2 That the matters in progress be included as part of the body of the report.

ITEM 13.14 STATEMENT OF CASH AND INVESTMENTS

Contact Person: Deanna O’Neill – Manager Finance File: N/A

PURPOSE Reporting on the statement of bank balance and investments for the month of February 2017.

2017.93 RESOLVED Moved: Cl. Hauville Seconded: Cl. Williams That the information be noted.

ITEM 13.15 DEVELOPMENT APPROVALS AND CONSTRUCTION CERTIFICATES

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

PURPOSE

Reporting that the following applications have been approved for the period of February 2017 includes approvals by Private Certifiers.

2017.94 RESOLVED Moved: Cl. Hauville Seconded: Cl. Saul That the information be noted.

14 RESCISSION MOTIONS


Nil

15 NOTICES OF MOTION

ITEM 15.1 TIMING OF COUNCIL MEETINGS

Contact Person: Bruce Morris – Councillor File: F12/287-04

MOVED Moved: Cl. Morris Seconded: Cl. Patterson That ordinary meetings of Kempsey Shire Council that are held at the Civic Centre commence at 5.00pm. WORKSHOP

2017.95 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Shields That Council move into workshop to allow discussion in open Council on item 15.1. MOTION TO RESUME COUNCIL MEETING

2017.96 RESOLVED: Moved: Cl. Shields Seconded: Cl. McGinn That the formal Council meeting be resumed.

2017.97 RESOLVED Moved: Cl. Shields That the MOTION be PUT. The MOTION was PUT to the Meeting and was LOST. A Division resulted in the following votes. F = Voted For A = Voted Against

Baxter A Campbell A Hauville F McGinn A Morris F

Patterson F Saul A Shields A Williams F

MOVED Moved: Cl. Baxter Seconded: Cl. Williams That ordinary meetings of Kempsey Shire Council commence at 2.00pm for a trial period of 4 meetings commencing in April 2017. WORKSHOP

2017.98 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Williams


That Council move into workshop to allow discussion in open Council on item 15.1. MOTION TO RESUME COUNCIL MEETING

2017.99 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Williams That the formal Council meeting be resumed.

2017.100 RESOLVED Moved: Cl. Williams That the MOTION be PUT. A Division resulted in the following votes. F = Voted For A = Voted Against

Baxter F Campbell F Hauville F McGinn F Morris F


An Amendment was MOVED: Moved: Cl. Hauville Seconded: Cl. Morris That the General Manager and Mayor consult and set the meeting commencement to enable staff presentations and confidential sections of the meeting be prior to the general commencement of the meeting at 5.00pm. The AMENDMENT was PUT to the Meeting and was LOST. At this stage 12.52pm the meeting adjourned for luncheon and upon resumption at 1.56pm all present at the adjournment were in attendance. The MOTION was PUT to the Meeting and was LOST.

ITEM 15.2 AUSTRALIA DAY 2018

Contact Person: Leo Hauville - Councillor File: F12/15-06

MOVED Moved: Cl. Hauville Seconded: Cl. Patterson That the Australia Day Ceremony for 2018 will be held on the actual day, 26th January, 2018. This Ceremony will include announcements of award recipients and Australian Citizenship Ceremonies. An embargoed Media Release of Award recipients will be released prior to the Day. The MOTION was PUT to the Meeting and was LOST.

ITEM 15.3 BELGRAVE ST (INTERSECTIONS AND USER REVIEW)


Contact Person: Anthony Patterson – Councillor File: F12/1910

2017.101 RESOLVED Moved: Cl. Patterson

Seconded: Cl. Baxter That the following actions in relation to Belgrave Street be considered for inclusion in the delivery program; a Review on all intersections and usage. b Long term plan of traffic management. c Problems exiting service station near rail crossing d One way street review

ITEM 15.4 PARKING FOR KEMPSEY SWIMMING POOL

Contact Person: Anthony Patterson – Councillor File: F12/1751

2017.102 RESOLVED Moved: Cl. Patterson Seconded: Cl. Baxter 1 That Council considers for inclusion in the delivery plan a strategy to address the issues of

access and parking for the swimming pool area and other sporting events in that location. 2 That staff consider any short term measures that may alleviate the issues.

ITEM 15.5 SUNSAFE PROMOTION BY COUNCIL

Contact Person: Leo Hauville - Councillor File: F12/1915

MOVED Moved: Cl. Hauville Seconded: Cl. Patterson 1 That Kempsey Shire Council will, after consideration of the alarming fact that this area has

arguably the highest incidence of Melanoma in the world, devise a proactive Healthy Living Policy to lead Australia and the Kempsey Shire Community in Sunsafe behaviours.

2 This plan and implementation timetable will be ready for consideration by May Council

meeting. The MOTION was PUT to the Meeting and was LOST.

16 DELEGATES REPORT Nil


17 COMMITTEE REPORTS Nil

18 DELIVERY PROGRAM PERFORMANCE INDICATORS

19 COUNCILLOR QUESTIONS

2017-3-21

RBP WD-03-02 COUNCILLOR M J BAXTER FILE: F12/1945 QFNM1 Could we have a report from the Economic Development Officer on the Council’s strategy of attracting new business and increasing investment in the valley?

2017-3-21

RJS HD-04-07 COUNCILLOR A P PATTERSON FILE: F12/1945 QFNM1 What did Kempsey Shire Council do to promote Clean up Australia Day 2017 and what will change for 2018?

2017-3-21

RJS SOD-01-03 COUNCILLOR D F SAUL FILE: F12/1945 QFNM1 Are there any plans for toilet facilities at Frederickton boat ramp?

2017-3-21

DLR CAD-01-03 COUNCILLOR B J MORRIS FILE: F12/1945 QFNM1 What is the current status on considerations for Fit for the Future? What outcomes have occurred from approaches as to what needs to be done to correct that?

2017-3-21

RBP WD-03-02 COUNCILLOR B J MORRIS FILE: F12/1945 QFNM2 At the Northern JRRP meeting Council staff stated that there was no current MOU with AIAC. Why was that statement made?

2017-3-21

RBP WD-03-02 COUNCILLOR B J MORRIS FILE: F12/1945 QFNM3 When the Northern JRRP requested additional documentation in an adjournment including


any MOUs the only MOU produced was the 2010 MOU between PMHC, GTCC and KSC. Why was the MOU between KSC and AIAC not presented?

2017-3-21

RBP WD-03-02 COUNCILLOR B J MORRIS FILE: F12/1945 QFNM4 In approving the lodgement of the DA was there any consideration on negotiation with the proponent in relation to siting of the buildings which could have allowed for some of the aviation business park to remain viable for future development?

2017-3-21

RJS WD-05-03 COUNCILLOR S E McGINN FILE: F12/1945 QFNM1 How can Kempsey Shire Council facilitate a representative from public transport being added to the traffic committee?

2017-3-21

RJS CAD-02-01 COUNCILLOR L J HAUVILLE FILE: F12/1945 QFNM1 What is the extent of developed and undeveloped Kempsey Shire Council land in the South West Rocks and Jerseyville area?

2017-3-21

DLR CAD-01-03 COUNCILLOR L J HAUVILLE FILE: F12/1945 QFNM2 Would the general manager provide all Councillors a copy of the private public partnership report from the OLG before the April meeting?

2017-3-21

RBP WD-03-02 COUNCILLOR L J HAUVILLE FILE: F12/1945 QFNM3 In regards to the airport DA, what plans are there in place to consult with the community prior to reconsideration by the Northern JRRP?

20 CONFIDENTIAL ITEMS

2017.103 RESOLVED: Moved: Cl. Patterson Seconded: Cl. Morris 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. The following item was deferred from earlier in the meeting.


ITEM 13.8 JUDITH EVILL AGED CARE UNITS


Section 10A(2)(c) – Commercial Advantage in Business Dealing This report is submitted on a confidential basis as it involves information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business. (Local Government Act 1993, section 10A(2)(c)). On balance, the public interest in preserving the confidentiality of the commercial information supplied, outweighs the public interest in openness and transparency in council decision making by discussing the matter in open meeting.

PURPOSE To determine whether the Judith Evill Homes for the Aged should be retained and operated by Council or disposed of.

2017.104 RESOLVED Moved: Cl. Patterson Seconded: Cl. Baxter That this matter be deferred to allow further information to be brought back to June Council meeting.

At this stage, 3.13pm, Councillor Morris left the Chambers and apologised for non-attendance at the remainder of the meeting.

At this stage, 3.29pm, Councillor Shields left the Chambers and apologised for non-attendance at the remainder of the meeting.

ITEM 20.2 JUDITH EVILL AGED CARE UNITS – ADDITIONAL INFORMATION

Contact Person: David Rawlings– General Manager File: F12/1448

Section 10A(2)(c) – Commercial Advantage in Business Dealing This report is submitted on a confidential basis as it involves information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business. (Local Government Act 1993, section 10A(2)(c)). On balance, the public interest in preserving the confidentiality of the commercial information supplied, outweighs the public interest in openness and transparency in council decision making by discussing the matter in open meeting.

PURPOSE To provide information that needs to remain confidential.


OPEN COUNCIL

2017.105 RESOLVED: Moved: Cl. Saul Seconded: Cl. Baxter That the Open Council Meeting be resumed.

21 CONCLUSION There being no further business, the meeting terminated at 3.43pm.

edited minutes of the ordinary meeting of kempsey shire ... · 3/21/2017 · kempsey shire council...

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