edited minutes of the ordinary meeting of kempsey shire ...€¦ · kempsey shire council –...

Kempsey Shire Council – ordinary meeting 18 April 2017

MINUTES OF THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL 18 April 2017 commencing at 9.03am. 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”.

3 APOLOGIES Nil

4 DECLARATIONS OF INTEREST Nil

5 ASSESSMENT OF ITEMS LISTED FOR CONFIDENTIAL CONSIDERATION

2017.108 RESOLVED: Moved: Cl. Saul Seconded: Cl. Patterson That the confidential reports be considered in the confidential section of the meeting.


6 CONFIRMATION OF MINUTES

2017.109 RESOLVED: Moved: Cl. Patterson Seconded: Cl. Williams That the minutes of the ordinary meeting of Kempsey Shire Council dated 21 March 2017 be confirmed.

7 CITIZENSHIP CEREMONIES Nil

8 PUBLIC FORUM / PRESENTATIONS Public Forum Nil Presentations

Nil

9 CONSIDERATION MOTIONS FOR CHANGES TO THE ORDER OF BUSINESS

2017.110 RESOLVED: Moved: Cl. Hauville Seconded: Cl. Baxter That item 13.13 and item 13.5 be brought forward and dealt with prior to item 12.1 and the remaining Agenda Order of Business be adopted.

10 CONSIDERATION OF REPORTS RELATING TO PUBLIC FORUM MATTERS Nil

11 CONSIDERATION OF REPORTS RELATING TO A CONSENSUS MOTION

2017.111 RESOLVED: Moved: Cl. Shields Seconded: Cl. Williams That recommendations in items 13.9 - 13.11, 18.1 and 20.1 be adopted.

ITEM 13.9 BACK CREEK BOATING ACCESS IMPROVEMENTS INVESTIGATION


Contact Person: Trevor Dickson – Manager Technical & Civic Services File: F12/1718

PURPOSE To present the draft investigation undertaken by Roads and Maritime Services (RMS) into boating access improvements for Back Creek, South West Rocks ahead of planned community consultation.

2017.112 RESOLVED: Moved: Cl. Shields Seconded: Cl. Williams That the draft Back Creek Boating Access Improvements Investigation report be placed on public exhibition for a period of 28 days.

ITEM 13.10 RELATED PARTY DISCLOSURES POLICY

Contact Person: Kathy Oliver – Director Community Engagement File: F12/1933

PURPOSE To provide Council with information on the changes to Australian Accounting Standards Board’s (AASB) 124 Related Party Disclosures to extend the scope of the Standard to include not-for-profit sector entities from 1 July 2016; this includes the Local Government Sector.

2017.113 RESOLVED: Moved: Cl. Shields Seconded: Cl. Williams That the Related Party Disclosures Policy 5.14 be adopted.

ITEM 13.11 TENDER FOR THE SUPPLY AND DELIVERY OF PASSENGER, TRUCK AND EARTHMOVER TYRES


PURPOSE To select the best fit for purpose supplier from the submissions received by the Tender Evaluation Panel for the Supply and Delivery of passenger, truck and earthmover tyres.

2017.114 RESOLVED: Moved: Cl. Shields Seconded: Cl. Williams 1 That the tenders from Leicht’s Tyre and Auto, Mulvey’s Tyre Services, Bridgestone

Australia Ltd and Tyres4U Pty Ltd be accepted to form a Supplier Panel for the period 19 April 2017 to 31 December 2018.

2 That provision be allowed for a 12 month extension based on satisfactory supplier


performance which may take this contract through to 31 December 2019.

ITEM 18.1 KEY PERFORMANCE INDICATORS


PURPOSE Updating status of key performance indicators.

2017.115 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 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.

2017.116 RESOLVED: Moved: Cl. Shields Seconded: Cl. Williams That the information be noted.

ITEM 13.13 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 March 2017.


MOVED Moved: Cl. McGinn Seconded: Cl. Shields That the information be noted. An Amendment was MOVED: Moved: Cl. Hauville Seconded: Cl. Patterson That the statement of cash and investments of Council be itemised for all accounts and their purposes. The AMENDMENT was PUT to the Meeting and was LOST.

2017.117 The MOTION was PUT to the MEETING and was CARRIED.

ITEM 13.5 SUPPLY AND INSTALL KEMPSEY AIRPORT FUEL SYSTEM

Contact Person: Susannah Smith – Manager Economic Sustainability File: F12/1613

PURPOSE To seek Council’s endorsement of Australian Fuelling Systems and Equipment as the preferred tenderer for the supply and installation of a new fuel system for Kempsey Airport, including the proposed funding model comprising the NSW Government loan, an internal loan and an external loan from the Australian International Aviation College. MOVED Moved: Cl. Shields Seconded: Cl. Williams That the lump sum tender submitted by Australian Fuelling System and Equipment for the amount of $409,359.50 (including GST), for the supply and installation of the new Kempsey Airport fuel system be accepted. WORKSHOP

2017.118 RESOLVED: Moved: Cl. Morris Seconded: Cl. Patterson That Council move into workshop to allow discussion in open Council on item 13.5 MOTION TO RESUME COUNCIL MEETING

2017.119 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Shields That the formal Council meeting be resumed. An Amendment was MOVED: Moved: Cl. Morris Seconded: Cl. Patterson


1 That the lump sum tender submitted by Australian Fuelling System and Equipment for the

amount of $409,359.50 (including GST), for the supply and installation of the new Kempsey Airport fuel system be accepted.

2 That the installation of the fuelling system at Kempsey airport be done without taking a loan

from AIAC 3 That a separate report be returned to Council detailing the actual costs of the civil and

electrical works undertaken as part of this project.

2017.120 The AMENDMENT was PUT to the MEETING and was CARRIED.

2017.121 The MOTION was PUT to the MEETING and was CARRIED. Councillor Hauville recorded his vote against the foregoing Motion.

12 MAYORAL MINUTES

ITEM 12.1 LOCAL GOVERNMENT NSW ANNUAL CONFERENCE 2017

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

PURPOSE Reporting that the Local Government NSW Annual Conference in 2017 is to be held from 3 December to 6 December 2017 in Sydney.

2017.122 RESOLVED Moved: Cl. Campbell 1 That preliminary conference registration and accommodation reservations be made for the

attendance of the Mayor and two other delegates as nominated council delegates. 2 That the two other voting delegates be the Deputy Mayor and Councillor Saul. 3 That the attendance of Councillors Morris, Saul, Williams, Hauville and Shields be endorsed

for registration.

13 STAFF REPORTS

ITEM 13.1 PLANNING PROPOSAL OLD STATION ROAD, VERGES CREEK REZONING

Contact Person: Robert Pitt – Director Sustainable Environment File: RZ-17-1

PURPOSE Reporting that a Planning Proposal has been prepared to amend Kempsey Local Environmental Plan


(KLEP) 2013 to rezone a portion of land from RU1 – Primary Production to R5 – Large Lot Residential, with a minimum lot size of one (1) hectare at Old Station Road, Verges Creek.

2017.123 RESOLVED Moved: Cl. Morris Seconded: Cl. Saul 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

ITEM 13.2 PLANNING PROPOSAL LE BROCQS LANE/GOWINGS HILL ROAD, DONDINGALONG

Contact Person: Robert Pitt – Director Sustainable Environment File: KLEP2013-AM-19

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 two adjacent rural land parcels in Dondingalong.

2017.124 RESOLVED Moved: Cl. Saul Seconded: Cl. Morris 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

The Mayor noted that the forgoing resolution was passed UNANIMOUSLY.

ITEM 13.3 FLY NEIGHBOURLY AGREEMENT – KEMPSEY AIRPORT


Contact Person: Robert Pitt – Director Sustainable Environment File: F12/1895

PURPOSE To advise Council of the intended procedure for preparing a Noise Management Plan, including a draft Communications and Engagement Plan that will underpin a Fly Neighbourly Agreement between Council and existing airport users and to seek a resolution of Council to prepare a Noise Management Plan and Fly Neighbourly Agreement for all users of Kempsey Airport.

2017.125 RESOLVED Moved: Cl. Shields Seconded: Cl. McGinn That the procedure for preparing a Noise Management Plan and entering into a Fly Neighbourly Agreement between Council and current airport users as detailed in the following report be endorsed. At this stage 10.30am the meeting adjourned for morning tea and upon resumption at 10.54am all present at the adjournment were in attendance.

ITEM 13.4 CORPORATE BUSINESS SYSTEMS REPLACEMENT

Contact Person: Daniel Thoroughgood – Manager Information Management & Governance

File: TQE16/13

PURPOSE To enter into negotiations following rejection of all tenders for tender TQE16/13 Corporate Business Systems Replacement

2017.126 RESOLVED Moved: Cl. McGinn Seconded: Cl. Hauville 1 That under Section 178(3) of the Local Government (General) Regulation 2005 no tender

offers be accepted as these offers exceeded the approved budget allocation. 2 That under Section 178(3)(e) of the Local Government (General) Regulation 2005

negotiations be entered into with Civica Pty Limited and TechnologyOne Limited. 3 That the outcomes of these negotiations be reported back to a future meeting of the

council for authorisation. 4 That fresh tenders for the works not be invited as it is considered that going to the market

again would more than likely produce the same results given the limited number of market suppliers.


ITEM 13.6 SOUTH KEMPSEY PRESSURE SEWERAGE SYSTEM

Contact Person: Anne-Maree Burke – Manager Water Strategy File: F12/1610

PURPOSE To consider an option for funding a low pressure sewerage system along Macleay Valley Way at South Kempsey to service proposed and potential industrial developments.

2017.127 RESOLVED Moved: Cl. Morris Seconded: Cl. Shields 1 That construction of a low pressure sewer scheme for the proposed and potential industrial

developments along Macleay Valley Way at South Kempsey be considered as a priority project in the draft delivery program.

2 That should the grant application under the Building Better Regions (BBR) fund be

successful: a The grant be accepted. b The General Manager and Mayor be delegated to execute the funding agreement

under Council’s seal where necessary. c Acceptance of the grant be subject to obtaining the negotiated upfront payments

from key stakeholders from 1 July 2017. d A 10 year loan be taken for the balance of funding ($585,000) to finance the

construction of the pressure sewer system. e $0.50 per quarter be levied under s.501 of the Local Government Act upon every

sewer connection in the Kempsey Shire for the 2017/2018 financial year as part of the normal sewer access charge.

ITEM 13.7 MATTERS IN PROGRESS

Contact Person: David Rawlings – General Manager File: F12/1930

PURPOSE To update Councillors on the progress of resolutions of Council MOLVED Moved: Cl. Shields Seconded: Cl. Williams That the information be noted. An Amendment was MOVED: Moved: Cl. Hauville


Seconded: Cl. Morris The closing date of progress in matters is stated at the beginning of each department’s section. The AMENDMENT was PUT to the Meeting and was LOST.


ITEM 13.8 COUNCILLOR REQUEST FOR INFORMATION

Contact Person: David Rawlings – General Manager File: F12/1945

PURPOSE To provide advice on a Councillor's request for information that has not been provided.

2017.129 RESOLVED Moved: Cl. McGinn Seconded: Cl. Shields That the information be noted.

ITEM 13.12 LEASE REQUEST - RUDDER PARK – NSW GOVERNMENT TELCO AUTHORITY

Contact Person: Robert Scott – Director Infrastructure Services File: F12/1956, LA1956, LA1957

PURPOSE To consider a request from the NSW Government Telco Authority for the lease of part Rudder Park, East Kempsey, as part of the Critical Communications Enhancement Program.

2017.130 RESOLVED Moved: Cl. Morris Seconded: Cl. Saul 1 That the use of Rudder Park for the rollout of the Critical Communications Enhancement

Program be supported. 2 That subject to the successful completion of a Plan of Management and Planning

Approvals, a lease be entered into on the terms set out in correspondence dated 15 February 2017 from the NSW Government Telco Authority.

3 That the General Manager be delegated authority to sign the lease documents.

ITEM 13.14 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 March 2016 and includes approvals by Private Certifiers.

2017.131 RESOLVED Moved: Cl. McGinn Seconded: Cl. Shields That the information be noted.

14 RESCISSION MOTIONS Nil

15 NOTICES OF MOTION

ITEM 15.1 COMMUNITY CATCH-UPS

Contact Person: Ashley Williams - Councillor File: F12/2036

MOVED Moved: Cl. Williams Seconded: Cl. Hauville That the Communications Strategy, currently being prepared, gives consideration to include at least quarterly Community Catch-ups to be held in our towns and villages; ideally visiting all over a two year period.

2017.132 RESOLVED Moved: Cl. Shields Seconded: Cl. Williams That the MOTION be PUT.


ITEM 15.2 SOUTH WEST ROCKS COMMUNITY CENTRE

Contact Person: Leo Hauville – Councillor File: F12/2037

MOVED Moved: Cl. Hauville Seconded: Cl. Baxter 1 That Council prepare an options and a concept plan for a building at South West Rocks

incorporating meeting areas, a new Library and Council contact centre with a report to the July Council meeting

2 That the investigation and concept plan is to include


a an assessment of the options for possible sites, analysed by their

constraints/opportunities b identification of suitable parking and access arrangements or the potential impact on

adjoining infrastructure c concept building layouts and elevations so the size and scale of the building can be

easily seen. d an estimate of construction and ongoing operation costs undertaken by a quantity

surveyor 3 a That opportunities to seek State and Federal grant funding be assessed and the

investigations progress to a stage where the information would support an application for grant funding

b that council write to state and federal MPs seeking support and advice on funding 4 That community consultation be undertaken with a prime focus on the requirements of the

ever-growing South West Rocks Senior Citizens Association.

An Amendment was MOVED: Moved: Cl. Shields Seconded: Cl. Morris That a concept plan for a community centre for South West Rocks be considered in the upcoming Delivery Plan. WORKSHOP

2017.134 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Patterson That Council move into workshop to allow discussion in open Council on item 15.2. MOTION TO RESUME COUNCIL MEETING

2017.135 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Morris That the formal Council meeting be resumed.

2017.136 The AMENDMENT was PUT to the MEETING and was CARRIED.


16 DELEGATES REPORT Nil


17 COMMITTEE REPORTS

ITEM 17.1 LOCAL TRAFFIC COMMITTEE MEETING HELD ON 29 MARCH 2017

Contact Person: Robert Scott – Director Infrastructure Services File: F12/1958

PURPOSE For Council to adopt the minutes of the informal Local Traffic Committee meeting 29 March 2017 MOVED Moved: Cl. McGinn Seconded: Cl. Saul That the recommendations of the informal Local Traffic Committee meeting 29 March 2017 be adopted. An Amendment was MOVED: Moved: Cl. Hauville Seconded: Cl. Morris That the recommendations of the informal Local Traffic Committee meeting 29 March 2017 be adopted and request the committee amend their minutes to clarify in the attendance report whether members attended in person or by email. The AMENDMENT was PUT to the Meeting and was LOST.


18 DELIVERY PROGRAM PERFORMANCE INDICATORS

19 COUNCILLOR QUESTIONS

2017-4-18

RJS SOD-01-04

COUNCILLOR B J MORRIS FILE: F12/1945 QFNM1 Could Councillors be given an update on the CBD parking study? The last request for this about 19 months ago and I was advised there would be another snapshot taken approximately 12 months after the completion of Smith Street. Where is this project up to?

2017-4-18

RJS HD-04-07

COUNCILLOR B J MORRIS FILE: F12/1945

QFNM2

In relation to free waste vouchers; what is the uptake of the free waste vouchers since they

have been implemented and what is the current charge within the waste rates for those

vouchers?


2017-4-18

RBP HD-02-06


QFNM3

Can Council be provided with an update on the progress of the Crescent Head CBD master

plan? Whist there have been comments on the matters in progress there appears to have

been changes and delays in this project.

2017-4-18

DLR WD-03-02


QFNM4

Can Councillors be advised when the communications strategy, or the information required

by the Office of Local Government for the cinema PPP, will be progressed?

2017-4-18

KEO SOD-02-01

COUNCILLOR A P PATTERSON FILE: F12/1945

QFNM1

Does Council have a plan for disability care for the Macleay?

2017-4-18

RJS HD-04-07


QFNM2

Will the rubbish bin be replaced on the corner of West Street and Middleton Street?

2017-4-18

RJS HD-04-07


QFNM3

What has been the result, up to now, on the plan to put into place to reduce rubbish and litter at Sherwood Bridge?

2017-4-18

RJS WD-05-03


QFNM4

When is the start date for the South Kempsey Gowings Hill Road development?

2017-4-18

RJS HD-04-02


QFNM5

What is the timeframe for Council to reopen beach access at Hat Head?


2017-4-18

RJS HD-04-06

COUNCILLOR D F SAUL FILE: F12/1945

QFNM1

What are the current drainage issues in Hughes Place Frederickton?

2017-4-18

RBP HD-04-05


QFNM2

Has Council any knowledge of when the Local Land Services will release the calicivirus to

control the wild rabbit plague in Frederickton?

2017-4-18

RJS WD-05-03


QFNM3

Can we have an updated cost of maintaining Point Plomer Road?

2017-4-18

RBP HD-04-05

COUNCILLOR M J BAXTER FILE: F12/1945

QFNM1

Does the Council work in partnership with Local Land Services in addressing wild infestation,

flood mitigation and the wild dog problem. Can we have a report on partnership strategies on

these issues?

2017-4-18

RBP HD-05-02


QFNM2

Can we have a report on Council strategy to address the creation of affordable housing in the

valley?

2017-4-18

RJS WD-05-03


QFNM3

Can the Council, in partnership with the Port Macquarie Hastings Council prepare a proposal

for the State Government grants to help seal Maria River Road?

2017-4-18

KEO SOD-04-01

COUNCILLOR L J HAUVILLE FILE: F12/1945

QFNM1

Can Council be provided with itemised account of expenditure for the Macleay River Festival


and are there plans for future festivals?

2017-4-18

RBP WD-05-03


QFNM2

How many lessees and airport users were documented as being consulted for the Kempsey

Airport Concept Plan?

2017-4-18

RJS WD-05-03


QFNM3

Is there an agreement on how the traffic accesses the correctional facility?

2017-4-18

DLR CAD-01-03


QFNM4

Does the Office of Local Government require remuneration and bonus payments to the

General Manager to be reported at Council publicly and in the annual report?

20 CONFIDENTIAL ITEMS 21 CONCLUSION There being no further business, the meeting terminated at 12.45pm.

edited minutes of the ordinary meeting of kempsey shire ...€¦ · kempsey shire council –...

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