edited minutes of the ordinary meeting of kempsey shire council, … · kempsey shire council –...

Kempsey Shire Council – ordinary meeting 17 April 2018

MINUTES OF THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL 17 April 2018 commencing at 9.00am. 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, S M Mitchell; Interim Director Operations, S P Beasley; Director Operations, R Fish; 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 Nil 4 DECLARATIONS OF INTEREST Nil 5 ASSESSMENT OF ITEMS LISTED FOR CONFIDENTIAL CONSIDERATION

2018.69 RESOLVED: Moved: Cl. Williams Seconded: Cl. Saul That the confidential reports be considered in the confidential section of the meeting.

Baxter F Campbell F Hauville F McGinn F Morris F

Patterson F Saul F Shields F Williams F


6 CONFIRMATION OF MINUTES

2018.70 RESOLVED: Moved: Cl. Patterson Seconded: Cl. Baxter That the minutes of the ordinary meeting of Kempsey Shire Council dated 20 March 2018 be confirmed.



7 CITIZENSHIP CEREMONIES Nil 8 PUBLIC FORUM / PRESENTATIONS Public Forum 1 - Ms Patricia Huckstepp addressed Council speaking against item 13.1 cinema VPA and

the airport

2018.71 RESOLVED Moved: Cl. Saul Seconded: Cl. Morris That Ms Huckstepp be granted an extension of 3 minutes to complete her presentation.



2 - Mr Mark Walker addressed Council speaking against item 13.1 cinema VPA 3 - Mr Gary Scott addressed Council speaking in favour of item 13.1 cinema VPA

2018.72 RESOLVED Moved: Cl. Patterson Seconded: Cl. Morris That Mr Scott be granted an extension of 3 minutes to complete his presentation.



4 - Mr Robert Raymond addressed Council speaking against item 13.1 cinema VPA


2018.73 RESOLVED Moved: Cl. Hauville Seconded: Cl. Saul That Mr Raymond be granted an extension of 3 minutes to complete his presentation.



5 - Mr John Moore addressed Council speaking in favour of item 13.1 cinema VPA

2018.74 RESOLVED Moved: Cl. Patterson Seconded: Cl. Morris That Mr Moore be granted an extension of 3 minutes to complete his presentation.



6 - Mr Chris Dockrill addressed Council speaking in favour of item 13.1 cinema VPA

2018.75 RESOLVED Moved: Cl. Hauville Seconded: Cl. Morris That Mr Dockrill be granted an extension of 3 minutes to complete his presentation.



At this stage 10.42am the meeting adjourned for morning tea and upon resumption at 11.06am all present at the adjournment were in attendance. 7 - Mr Hector Le Brocq addressed Council speaking in relation to a non-agenda item

Kempsey traffic management and proposed South Kempsey bridge 8 - Mr Troy Irwin addressed Council speaking on non-agenda items development of

Kempsey CBD, Kempsey sale yards, Abattoirs, Tropical soda apple and noxious weeds, Flood refuges, Wild dog control

2018.76 RESOLVED Moved: Cl. Morris

Seconded: Cl. Patterson That Mr Irwin be granted an extension of 3 minutes to complete his presentation.




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

2018.77 RESOLVED: Moved: Cl. McGinn

Seconded: Cl. Baxter That the Agenda Order of Business be adopted.



10 CONSIDERATION OF REPORTS RELATING TO PUBLIC FORUM MATTERS

2018.78 RESOLVED: Moved: Cl. Patterson Seconded: Cl. McGinn That the reports addressed in public forum not be brought forward and dealt with immediately and the agenda order of business remain.



11 CONSIDERATION OF REPORTS RELATING TO A CONSENSUS MOTION

2018.79 RESOLVED: Moved: Cl. Shields Seconded: Cl. Baxter That recommendation in item 13.7 be adopted.



ITEM 13.7 DEVELOPMENT APPROVALS AND CONSTRUCTION CERTIFICATES

Contact Person: Erin Fuller – Manager Development Assessment File: N/A

PURPOSE To report that the following applications have been determined for the period of March 2018 and includes approvals by Private Certifiers.

2018.80 RESOLVED: Moved: Cl. Shields Seconded: Cl. Baxter That the information be noted.




12 MAYORAL MINUTES Nil

13 STAFF REPORTS

ITEM 13.1 KEMPSEY CINEMA – VOLUNTARY PLANNING AGREEMENT

Contact Person: Craig Milburn – General Manager File: F18/1377

PURPOSE To provide details of submissions received during the public notification of the draft Kempsey Cinema Voluntary Planning Agreement (VPA). General Manager Recommendation: 1 That Council notes the submissions received during the public notification of the draft

Kempsey Cinema Voluntary Planning Agreement and the subsequent analysis of these submissions.

2 That, having considered the submissions, Council agrees to enter into the publicly notified

version of the draft Kempsey Cinema Voluntary Planning Agreement subject to the following amendments:

a. the definition of ‘Development Consent’ in the VPA be amended as follows:

Development Consent means consent under the Act to Development Application DA T6-16-293 granted by the Council on 23 December 2016 as modified from time to time, and any other related development consent for the construction of the Cinema.

b. the reference to clause 19.11 in clause 19.1.1(c) and 19.1.1(d) should be corrected to a

reference to clause 19.12. 3 That Council delegates authority to the General Manager to execute the Kempsey Cinema

Voluntary Planning Agreement as amended in accordance with this resolution. MOVED Moved: Cl. McGinn Seconded: Cl. Patterson 1 That Council notes the submissions received during the public notification of the draft


2 That, having considered the submissions, Council agrees to enter into the publicly notified

version of the draft Kempsey Cinema Voluntary Planning Agreement subject to the following amendments:


a. the definition of ‘Development Consent’ in the VPA be amended as follows: Development Consent means consent under the Act to Development Application DA T6-16-293 granted by the Council on 23 December 2016 as modified from time to time, and any other related development consent for the construction of the Cinema.

b. the reference to clause 19.11 in clause 19.1.1(c) and 19.1.1(d) should be corrected to a

reference to clause 19.12. 3 That Council delegates authority to the General Manager to execute the Kempsey Cinema

Voluntary Planning Agreement as amended in accordance with this resolution. At this stage 11.44am the meeting adjourned for a short recess and upon resumption at all present at the adjournment were in attendance. CONFIDENTIAL SESSION

2018.81 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Saul That Council move into Confidential Session for discussions related to item 13.1 for the following reason; 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)).



2018.82 RESOLVED: Moved: Cl. Morris

Seconded: Cl. Baxter That the Council Meeting be resumed.



An Amendment was MOVED: Moved: Cl. Hauville Seconded: Cl. Saul 1 That Council notes the submissions received during the public notification of the draft


2 That, having considered the submissions, Council agrees to vary the draft Kempsey Cinema

Voluntary Planning Agreement as follows; a the definition of ‘Development Consent’ in the VPA be amended as follows:

Development Consent means consent under the Act to Development Application DA T6-16-280 granted by the Council on 19th September and DA T6-16-293 granted by the Council on 23 December 2016 as modified from time to time, and any other


related development consent for the construction of the Cinema. b the reference to clause 19.11 in clause 19.1.1(c) and 19.1.1(d) should be corrected to a

reference to clause 19.12. 3 That Council notify the amendments to the VPA by way of Public Exhibition for a period of

no less than 28 days. 4 That a further report be presented to Council to genuinely consider any submissions

received on the amended VPA during the notification period. WORKSHOP

2018.83 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Patterson That Council move into workshop to allow discussion in open Council on item 13.1



MOTION TO RESUME COUNCIL MEETING

2018.84 RESOLVED: Moved: Cl. Patterson Seconded: Cl. McGinn That the formal Council meeting be resumed.



The AMENDMENT was PUT to the Meeting and was LOST.

Baxter A Campbell A Hauville F McGinn A Morris F

Patterson A Saul F Shields A Williams A

An Amendment was MOVED: Moved: Cl. Morris Seconded: Cl. Hauville 1 That Council notes the submissions received during the public notification of the draft


2 That, having considered the submissions, Council agrees to vary the draft Kempsey Cinema

Voluntary Planning Agreement as follows a the definition of ‘Development Consent’ in the VPA be amended as follows:

Development Consent means consent under the Act to Development Application DA T6-16-293 granted by the Council on 23 December 2016 as modified from time to time, and any other related development consent for the construction of the Cinema.


b the reference to clause 19.11 in clause 19.1.1(c) and 19.1.1(d) should be corrected to a reference to clause 19.12.

3 That Council further amends the VPA to include a definition of what constitutes an

operating Cinema to strengthen the Enduring Public Benefit. This amendment being as follows: The Cinema is deemed to provide the enduring benefits to serve the recreational needs of the local community of Kempsey if the Cinema complex is operated at a minimum of 65% of the possible screenings during the peak hours as defined in the VPA, after consideration of any Force Majeure Events.

4 That Council notify the amendments to the VPA by way of Public Exhibition for a period of

no less than 28 days. 5 That a further report be presented to Council to genuinely consider any submissions

received on the amended VPA during the notification period. The AMENDMENT was PUT to the Meeting and was LOST.



An Amendment was MOVED: Moved: Cl. Hauville Seconded: Cl. Morris 1 That Council notes the submissions received during the public notification of the draft

Kempsey Cinema Voluntary Planning Agreement (VPA) and the subsequent analysis of these submissions.

2 That Council undertake a workshop to implement the necessary changes to the VPA as

advised by the Kempsey Shire Community. 3 The revised VPA be forwarded to the Crown Solicitor of New South Wales for independent

legal advice. 4 Upon receipt of the advice from the Crown Solicitor Council may decide to terminate the

VPA for a Cinema or adopt changes to create a strengthened VPA. 5 That Council notify the amendments to the strengthened VPA by way of Public Exhibition

for a period of no less than 28 days, with the Explanatory Note being a separate available document to advise the Community in plain English the contents and intent of the VPA.

6 That a further report be presented to Council to genuinely consider any submissions

received on the amended VPA during the notification period. The AMENDMENT was PUT to the Meeting and was LOST.




Councillor Morris foreshadowed MOTION 1 That Council not proceed with the proposed voluntary planning agreement known as Belgrave

Street Kempsey Cinema Planning Agreement between Kempsey Shire Council and Gowing Bros Ltd

2 That Council investigates alternative options for the provision of a cinema for the Kempsey

community 3 That Council initiates an independent investigation concerning compliance with legislative

requirements in regard to the cinema proposal from its inception to and including the VPA

2018.85 The MOTION was PUT to the MEETING and was CARRIED.

Baxter F Campbell F Hauville A McGinn F Morris A

Patterson F Saul A Shields F Williams F

At this stage 1.02pm the meeting adjourned for luncheon and upon resumption at 2.31pm all present at the adjournment were in attendance with the exception of Councillor Saul.

ITEM 13.2 DETACHED DUAL OCCUPANCY AT STUARTS POINT

Contact Person: Erin Fuller – Manager Development Assessment File: T6-17-470

PURPOSE To report for determination development application T6-17-470 which seeks consent for an additional dwelling house to create a detached dual occupancy development at 873 Stuarts Point Road, Stuarts Point. A variation greater than 10% to the minimum separation distance development

standard under Kempsey Local Environmental Plan (KLEP) 2013 is sought (Appendix C).

2018.86 RESOLVED Moved: Cl. McGinn

Seconded: Cl. Patterson That development consent be granted to development application T6-17-470 for a detached dual

occupancy at 873 Stuarts Point Road, Stuarts Point, subject to the conditions contained in (Appendix

D)

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

Baxter F Campbell F Hauville A McGinn F Morris F


http://www.kempsey.nsw.gov.au/council/meetings/2018/2018-04-17/index.html




ITEM 13.3 TRANSFER OF LAND TO COUNCIL – KEMP STREET, WEST KEMPSEY - SEWER PUMPING STATION

Contact Person: Anne-Maree Burke – Manager Water Strategy File: LA32380

PURPOSE A report to consider the transfer of land to Council that contains sewer infrastructure. Interim Director Operations Recommendation: 1 That the transfer of Lot 21 DP1170003 be accepted. 2 That Delegated Authority be given to the General Manager to sign the Land Registry

Services Transfer Form. 3 That pursuant to Section 34 of the Local Government Act 1993 public notice be given for a

minimum period of 28 days of the draft resolution “It is intended to classify Lot 21 DP1170003 (land in Kemp Street, West Kempsey) as operational land”.

4 That any submissions made in response to the draft resolution be considered by Council

prior to classifying the land.

2018.87 RESOLVED Moved: Cl. Patterson Seconded: Cl. McGinn 1 That the transfer from Voyee Pty Ltd of lot 21 DP117003 be accepted. 2 That Delegated Authority be given to the General Manager to sign the Land Registry

Services Transfer Form. 3 That pursuant to Section 34 of the Local Government Act 1993 public notice be given for a

minimum period of 28 days of the draft resolution “It is intended to classify Lot 21 DP1170003 (land in Kemp Street, West Kempsey) as operational land”.

4 That any submissions made in response to the draft resolution be considered by Council

prior to classifying the land.



Reason for varying staff recommendation: To provide clarity on the identity of the entity from which Council is accepting transfer of the parcel of land. At this stage 2.35pm, Councillor Saul entered the Chambers.


ITEM 13.4 PLANNING PROPOSAL AND PLANNING AGREEMENT AT GILBERT CORY STREET, SOUTH WEST ROCKS

Contact Person: Bill Larkin – Environmental Strategies Officer File: KLEP2013-AM-3

PURPOSE To progress the planning proposal to amend the Kempsey Local Environmental Plan (KLEP) 2013 to rezone a portion of land at Gilbert Cory Street, South West Rocks. A revised planning proposal and a proposed planning agreement have been prepared. Interim Director Operations Recommendation: 1 That the revised planning proposal to rezone part of Lot 10 DP 754396 Gilbert Cory Street,

South West Rocks be placed on public exhibition for a period of 28 days. 2 That public notice of the draft Planning Agreement for Lot 10 DP 754396 Gilbert Cory Street,

South West Rocks be given for a period of 28 days as part of and contemporaneously with, and in the same manner as, public exhibition of the relevant planning proposal.

MOVED Moved: Cl. Hauville Seconded: Cl. Morris 1 That the revised planning proposal to rezone part of Lot 10 DP 754396 Gilbert Cory Street,



3 That the explanatory note be published as a separate accessible document as part of the

Public Exhibition. An Amendment was MOVED: Moved: Cl. Patterson Seconded: Cl. McGinn 1 That the revised planning proposal to rezone part of Lot 10 DP 754396 Gilbert Cory Street,



The AMENDMENT was PUT to the Meeting and was LOST.

Baxter F Campbell A Hauville A McGinn F Morris A

Patterson F Saul A Shields A Williams F

2018.88 The MOTION was PUT to the MEETING and was CARRIED.

A Division resulted in the following votes.


F = Voted For A = Voted Against



Reason for varying staff recommendation: To ensure that the explanatory note is clearly identified on exhibition separately from the planning proposal.

ITEM 13.5 TWO STOREY DWELLING AND DETACHED STUDIO

Contact Person: Steven Beasley – Interim Director Operations File: T6-18-100

PURPOSE To report for determination development application T6-18-100 which seeks development consent

for a dwelling house (including ancillary studio) at 3 Roy Kemp Close, Crescent Head (Appendix J).


Seconded: Cl. Shields That development consent be granted to development application T6-18-100 for a two-storey dwelling and detached studio at 3 Roy Kemp Close, Crescent Head, subject to the conditions

contained in (Appendix K).

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



ITEM 13.6 KEY PERFORMANCE INDICATORS

Contact Person: Stephen Mitchell – Director Corporate File: F12/1908

PURPOSE To detail proposed Key Performance Indicators (KPIs) for the 2018-2019 financial year. Director Corporate Recommendation 1 That Council adopts the proposed Key Performance Indicators (KPIs) for the 2018-2019

financial year. 2 That targets for each of the KPIs be developed for Council adoption in June 2018




3 That reporting on the proposed KPIs to Council commence from August 2018.

2018.90 RESOLVED Moved: Cl. McGinn Seconded: Cl. Shields 1 That Council endorse the proposed Key Performance Indicators (KPIs) for the 2018-2019

financial year. 2 That targets for each of the KPIs be developed for Council adoption in June 2018 3 That reporting on the proposed KPIs to Council commence from August 2018.



Reason for varying staff recommendation: That Council wishes to endorse the KPIs for further development but retain the ability to vary them by workshop prior to adoption.

ITEM 13.8 STATEMENT OF CASH AND INVESTMENTS

Contact Person: Ron Wood – Chief Financial Officer File: N/A

PURPOSE Reporting on the statement of bank balance and investments for the month of March 2018.

2018.91 RESOLVED Moved: Cl. McGinn Seconded: Cl. Patterson That the information be noted.



ITEM 13.9 GRANT FUNDING OPPORTUNITIES

Contact Person: Kim Buckingham – Technical Support Officer File: F18/2031

PURPOSE To recommend to Council projects to be submitted for funding under the Stronger Country Communities Fund (Round 2) and the Regional Sporting Infrastructure Fund 2018. Interim Director Operations Recommendation: That the following projects to be submitted for funding under the Stronger Country Communities Fund and the Regional Sporting Infrastructure Fund 2018 be:


Stronger Country Communities Fund

Community Proposals Value ex GST

West Kempsey: Bandbox Theatre repurpose to a flexible space for art, theatre, cultural events, upgrade kitchen to commercial standards, upgrade carparking and access.

450,000

SWRs Back Creek: Public amenity block near footbridge, BBQ shelters, electric BBQ, trees, turf

300,000

Frederickton: Public toilet block at boat ramp, new playground, BBQs 275,000

Total - If all projects are approved Council may need to provide the additional funds of $172,498

1,025,000

Stronger Country Communities Fund

Sporting Infrastructure Proposals (Local and District) Value ex GST

South Kempsey: Jim Stirling Oval install lighting for cricket and AFL on existing field to competition standard by installing 4 lighting towers to provide for night AFL and cricket competitions and night training. This oval has been identified within Council's Sport Strategy as the sole district level facility for AFL competition matches.

310,000

Kempsey: Verge St/Eden St Fields install lighting for Soccer on existing field to competition standard.

310,000

Crescent Heads Baker Drive: toilets inside swimming pool fence, and fence realignment

320,000

Total - If all projects are approved Council may need to provide the additional funds of $47,269.

940,000

and

Regional Sporting Infrastructure Fund 2018

Proposal Value ex GST

SWRs Sporting Facility Grandstand, change rooms etc development, upgrade all existing infrastructure to provide a Regional Sports Facility 2,640,000

Verge St/Eden St Sporting Fields upgrade all existing infrastructure to provide a Regional Sports Facility Stage 1 1,333,000


Seconded: Cl. Saul 1 That the following projects to be submitted for funding under the Stronger Country


Communities Fund and the Regional Sporting Infrastructure Fund 2018 be:

Stronger Country Communities Fund Community Proposals

Value ex GST

a West Kempsey: Bandbox Theatre repurpose to a flexible space for art, theatre, cultural events, upgrade kitchen to commercial standards, upgrade carparking and access.

450,000

b SWRs Back Creek: Public amenity block near footbridge, BBQ shelters, electric BBQ, trees, turf

300,000

c Frederickton: Public toilet block at boat ramp, new playground, BBQs 275,000

d Total - If all projects are approved Council may need to provide the additional funds of $172,498

1,025,000

e Stronger Country Communities Fund Sporting Infrastructure Proposals (Local and District)

Value ex GST

f South Kempsey: Jim Stirling Oval install lighting for cricket and AFL on existing field to competition standard by installing 4 lighting towers to provide for night AFL and cricket competitions and night training. This oval has been identified within Council's Sport Strategy as the sole district level facility for AFL competition matches.

310,000

g Kempsey: Verge St/Eden St Fields install lighting for Soccer on existing field to competition standard.

310,000

h Crescent Head Baker Drive: amenities inside swimming pool fence, and fence realignment

320,000

i South West Rocks lighting upgrade in line with the sports strategy 350,000

j Total - If all projects are approved Council may need to provide the additional funds of $397,269

1,290,000

and

Regional Sporting Infrastructure Fund 2018 Proposal

Value ex GST

k SWRs Sporting Facility Grandstand, change rooms etc development, upgrade all existing infrastructure to provide a Regional Sports Facility

2,640,000

l Verge St/Eden St Sporting Fields upgrade all existing infrastructure to provide a Regional Sports Facility Stage 1

1,333,000

2 That as projects are announced Council review the priority of the projects and allocate

additional funds where required.



Reason for varying staff recommendation: To add a project that had been omitted from the table and provide identifiers for easier future reference.


14 RESCISSION MOTIONS Nil

15 NOTICES OF MOTION The following item was WITHDRAWN at the request of Councillor Hauville.

ITEM 15.1 CINEMA VOLUNTARY PLANNING AGREEMENT SURVEY

Contact Person: Leo Hauville – Councillor File: F18/1377

That an independent survey of the Kempsey Shire Community be undertaken prior to consideration of the execution of the Cinema Voluntary Planning Agreement (VPA):

a with a sampling error of no more than 3%,

b the survey is limited to only gauging the level of support for the funding of the Kempsey Cinema project via the VPA path utilising Council reserve money and Federal Government Grant Funding,

c it be constructed by the survey company working collaboratively with Councillors and Council management with a workshop,

d the survey report is to be included in the consideration of the execution of the VPA after its mandatory exhibition period.

ITEM 15.2 IMPROVED AIRCRAFT MOVEMENT MONITORING AT KEMPSEY AIRPORT


2018.93 RESOLVED Moved: Cl. Hauville

Seconded: Cl. Morris That a report be furnished to Council on use of CCTV facilities or other processes at airports in Australia to monitor aircraft movements instead of AVData processing. The report should show whether a change to Kempsey Shire Councils monitoring should be considered.



ITEM 15.3 OPEN SPACES POLICY


PURPOSE


I intend to move the following motion at the ordinary meeting to be held Tuesday, 17th April 2018.

2018.94 RESOLVED Moved: Cl. Hauville Seconded: Cl. Morris 1 That Council undertake a community infrastructure strategic plan. 2 That Council reviews the budget allocation with an intention of allocating $120,000 for this

purpose in the 2018/2019 budget. 3 That where it is proposed to sell land acquired under the provision of a contribution to a Section 94 contribution that a plan is developed that outlines the improvements / benefits that will be delivered to the Community.



16 DELEGATES REPORT

ITEM 16.1 LGNSW TOURISM CONFERENCE 2018

Contact Person: Liz Campbell – Mayor File: F12/1720

PURPOSE Reporting on the outcomes of the Local Government Tourism Conference 2018 held in the central west town of Parkes from 12-14 March 2018.

2018.95 RESOLVED Moved: Cl. Campbell Seconded: Cl. Morris 1 That the report be noted. 2 That Council investigate the Campervan & Motorhome Club of Australia Limited (CMCA)

leased campground model by October 2018. 3 That Council investigate opportunities for supporting the further development of the annual

Slim Dusty Country Music Festival within 12 months. 4 That a review be considered of all Kempsey Visitor Information Centre Staff training and

upskilling to enable “visitor inspiration” in future operating plans.




17 COMMITTEE REPORTS Nil

18 DELIVERY PROGRAM PERFORMANCE INDICATORS Nil

19 COUNCILLOR QUESTIONS

COUNCILLOR B J MORRIS FILE: F12/1945

QFNM1

Macleay Street - are there any plans to rectify the damaged pavement following the asphalt works approximately 18 months ago?


QFNM2

What is the current timeline for the completion of planting of trees in Smith Street North?


QFNM3

When will the cycleway which has been marked on the road have appropriate signage to indicate that it is a cycleway in Smith Street North?


QFNM4

In an earlier report staff accepted the risk of not having the mortgagee sign the VPA. What is that risk and if Gowings sells the centre will this risk be carried forward to the new owner?


QFNM5

What is the proposed construction timeframe for the cinema at Kempsey Central and what is the likely level of disruption for customers?

COUNCILLOR D F SAUL FILE: F12/1945

QFNM1

Rudder Park, East Kempsey – is there any indication of when we may have signage for that park again?

COUNCILLOR A P PATTERSON FILE: F12/1945

QFNM1

When is the Belgrave Street traffic review to be conducted?


COUNCILLOR L J HAUVILLE FILE: F12/1945

QFNM1

Could there be an assessment and report on the adequacy of disability parking bays in the West Kempsey shopping centre?

20 CONFIDENTIAL ITEMS

STAFF REPORTS FOR CONFIDENTIAL BUSINESS PAPER IN CLOSED MEETING

ITEM 20.1 VARIOUS LEGAL MATTERS

Contact Person: Daniel Thoroughgood – Manager Information and Governance File: F12/1960

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.

2018.96 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.



CLOSED MEETING The ordinary Council meeting IN CLOSED commenced at 3.27pm.

RESUME IN OPEN MEETING

2018.97 RESOLVED: Moved: Cl. Saul Seconded: Cl. Williams That the ordinary Council meeting in Open Meeting be resumed.




The ordinary Council meeting resumed in OPEN MEETING at 3.33pm.

FROM COUNCIL IN CLOSED MEETING

STAFF REPORTS FROM CONFIDENTIAL BUSINESS PAPER IN CLOSED MEETING

ITEM 20.1 VARIOUS LEGAL MATTERS

Contact Person: Daniel Thoroughgood – Manager Information and Governance File: F12/1960

PURPOSE Reporting on the current position regarding legal matters.

2018.98 RESOLVED Moved: Cl. Hauville Seconded: Cl. Morris That the information be noted.



21 CONCLUSION There being no further business, the Mayor then closed the meeting, the time being 3.33pm.

edited minutes of the ordinary meeting of kempsey shire council, … · kempsey shire council –...

Documents