kempsey shire council...may 11, 2010 · kempsey shire council civic centre cnr tozer and elbow...

KEMPSEY SHIRE COUNCIL Civic Centre Cnr Tozer and Elbow Street WEST KEMPSEY NSW 2440 11 May 2010 Your attendance is requested at the Ordinary meeting of Kempsey Shire Council, to be held in the Council Chambers on 11 May 2010 commencing at 9.00am. The order of business is detailed on the undermentioned Agenda. D L Rawlings GENERAL MANAGER Date Issued: 5 May 2010 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". APOLOGIES DECLARATIONS OF INTEREST ASSESSMENT OF ITEMS LISTED IN CONFIDENTIAL BUSINESS PAPER MINUTES OF THE ORDINARY MEETING 13 APRIL 2010 (FOR CONFIRMATION) MINUTES OF THE EXTRAORDINARY MEETING 27 APRIL 2010 (FOR CONFIRMATION)

PRESENTATION At 12.15pm there will be a presentation by Chris Currey (Business Manager) and Jack Pavlovic (General Manager) of Mid North Coast Correctional Centre regarding the Mobile Outreach Program (MOP). Mr Currey and Mr Pavlovic have also been invited to attend lunch with the Councillors. PUBLIC FORUM CONSIDERATION OF LATE REPORTS Consideration of late reports to determine whether they should be dealt with or deferred. CONSIDERATION OF REPORTS RELATING TO PUBLIC FORUM MATTERS ADOPTION OF AGENDA ORDER OF BUSINESS MAYORAL MINUTE 1 - 6 MM1 - National General Assembly MM1 File: 165 (Appendix A – Page MM1) MM2 - Health and Hospital Reform MM2 File: 265 MM3 - Mayoral Activities MM4 File: 380 ITEMS TABLED 1 1 - Photographs x6 (in relation to NOM2 Elbow Street Parking) 1 File: 102 NOTICE OF MOTION 1 - 3 NOM1 - Mayoral Column NOM1 File: 52

NOM2 - Elbow Street Parking (Between Tozer and River Streets) NOM2 File: 102 NOM3 - Goolawah Residential Development NOM3 File: S15-91-85 DELEGATE’S REPORT 1 - 4 DR1 - Australian Coastal Council Annual Conference 2-3 March 2010 DR1 File: 165 (Appendix A – Page DR1 and Appendix B – Page DR11) RESCISSION MOTION 1 - 3 RM1 - Draft Management Plan RM1 File: 339 GENERAL MANAGER’S REPORT 1 - 7 GM1 - Outstanding Reports / Resolutions GM1 File: 149 GM2 - Refusal to Provide Requested Information GM4 File: 444 GM3 - Works Program GM5 File: 153 (Appendix A – Page GM1, Part 2 – Page GM11, Part 3 – Page GM21, Part 4 – Page GM31) GM4 - Quarterly Report GM6 File: 339 (Appendix B – Page GM33, Part 2 – Page GM43) DIRECTOR SUSTAINABLE DEVELOPMENT SERVICES REPORT 1 - 16 DSDS1 - Draft Kempsey Local Environmental Plan - Amendment SDS1 No.106 (Appendix A – Page SDS1) File: T5-106 DSDS2 - Economic Development Manager’s Monthly Report SDS7 File: 584 (Appendix B – Page SDS2) DSDS3 - Building and Development SDS8 File: 329 DIRECTOR SHIRE SERVICES REPORT 1 - 6 DSS1 - Review of Load Limit – Jobes Cutting, Comara SS1 File: R.Armidale Rd DSS2 - Telephone-Based Floodphone System SS2 File: FM545 DSS3 - Kempsey Bypass – Relocation of Existing Water Supply and SS4 Sewerage Infrastructure

File: 118A Copy: 1148 DIRECTOR CORPORATE & COMMUNITY SERVICES REPORT 1 - 11 DCCS1 - Statement of Bank Balances as at 28 April 2010 CCS1 File: 1028 (Appendix A – Page CCS1) DCCS2 - Statement of Investments as at 28 April 2010 CCS1 File: 303 (Appendix B – Page CCS2) DCCS3 - Fleet Management CCS2 File: 151 DCCS4 - Grant Application to Extend South West Rocks Branch CCS4 Library File: 99 DCCS5 - Conferences and Seminars CCS5 File: 117 DCCS6 - Review of Code of Meeting Practice CCS7 File: 395 DCCS7 - Financial Statement for the Period to 31 March 2010 CCS8 File: 321 (Appendix C – Page CCS3, Part 2 – Page CCS5, Part 3 – Page CCS15, Part 4 – Page CCS25) QUESTIONS WITHOUT NOTICE QON1 APPENDICES Mayoral appendices MM1 – MM2 Delegate’s appendices DR1 – DR12 General Manager’s appendices GM1 – GM47 Director Sustainable Development Services appendices SDS1 – SDS7 Director Corporate & Community Services appendices CCS1 – CCS26 THE FOLLOWING ITEMS OF BUSINESS ARE OF SUCH A NATURE THAT DISCUSSION IS LIKELY TO TAKE PLACE WHEN THE MEETING IS CLOSED TO THE PUBLIC FOR THE REASONS STATED. MOTION FOR CONFIDENTIAL SESSION N1 In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in section 10A(2) of the Act, and should be dealt with in a part of the meeting closed to the media and public. Set out below is section 10A(2) of the Local Government Act 1993 in relation to matters which can be dealt with in the closed part of a meeting.

The matters and information are the following: (a) personnel matters concerning particular individuals (other than councillors) (b) the personal hardship of any resident or ratepayer (c) information that would, if disclosed, confer a commercial advantage on a

person with whom the council is conducting (or proposes to conduct) business (d) commercial information of a confidential nature that would, if disclosed;

(i) prejudice the commercial position of the person who supplied it, or

(ii) confer a commercial advantage on a competitor of the council, or

(iii) reveal a trade secret (e) information that would, if disclosed, prejudice the maintenance of law (f) matters affecting the security of the council, councillors, council staff or

council property (g) advice concerning litigation, or advice that would otherwise be privileged from

production in legal proceedings on the grounds of legal professional privilege (h) information concerning the nature and location of a place or an item of

Aboriginal significance on community land. CONFIDENTIAL BUSINESS PAPER

CONFIDENTIAL SESSION OFFICERS’ REPORTS GENERAL MANAGER’S CONFIDENTIAL REPORT 1 - 6 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. GM1 - Various Legal Matters – Current Position GM1 CONF File: 155 OPEN COUNCIL CONCLUSION

MM - 1

THIS IS PAGE 1 OF THE REPORT OF THE MAYOR SUBMITTED TO THE ORDINARY MEETING OF THE KEMPSEY

SHIRE COUNCIL HELD ON TUESDAY 11 MAY 2010.

MAYORAL REPORT

11 May 2010

MM1 NATIONAL GENERAL ASSEMBLY

FILE: 165 MAYOR {Folio No. 425322}

SUMMARY:

Reporting on the conference to be held in Canberra from 14 to 17 June

2010 followed by the meeting of the Australian Council of Local

Government on 18 June 2010.

DESCRIPTION:

A copy of a letter from Cr Geoff Lake, President Local Government

Association is attached Appendix A - Page MM1

The cost to attend will be approximately $2,500 with payment of the early

bird registration paid on Friday, 30 April 2010 (saving $120).

The current balance of funds in the 2009/10 budget is $11,754. However,

there will be costs associated with the NSW Shires Association Conference

to be taken into account.

RECOMMENDATION IMPLICATIONS:

Environmental

N/A

Social

The Association represents all the interests of communities throughout

700 local government areas in Australia.

The Prime Minister’s – Australian Council of Local Government – where

the community stimulus packages have been announced in the past two

years is now associated with the National General Assembly.

Economic (Financial)

The costs are covered by the 2009/10 Budget.

Policy or Statutory

MM%20APPA.pdf

MM - 2



N/A

RECOMMENDATION:

That the attendance of the Mayor, Cr John Bowell at the 2010

National General Assembly and Australian Council of Local

Government 14-18 June 2010 be ratified.

………………………………..

J H Bowell

MAYOR

MM - 1



MAYORAL REPORT

11 May 2010

MM2 HEALTH AND HOSPITAL REFORM

FILE: 265 MAYOR {Folio No. 425323}

SUMMARY:

Reporting on a visit by Mr Luke Hartsuyker MP, Member for Cowper and

Shadow Parliamentary Secretary for Regional Health Services, Health and

Wellbeing, Dr Andrew Southcott MP.

DESCRIPTION:

Crs Liz Campbell, Dean Saul, Alan Snowsill and I, together with four

nurses from Kempsey District Hospital met with Messrs Hartsuyker and

Southcott.

Concerns expressed included:

The current shortage of nursing staff to adequately service the

refurbished Emergency Department.

The availability of operational beds estimated to be around 60.

When the Draft 2006 Master Plan was developed there were 86

beds/chairs, excluding Emergency Department (7) and Renal

Dialysis (6) whereas the 2016 prediction within the plan was 104,

12 and 6 respectively. There are 11 beds currently in the

Emergency Department.

The impact on mental health services.

The significant preference for a coordinated non-partisan approach

to the reform of hospital services by all levels of government.

The necessity for bureaucracy to be reduced with a corresponding

increase in professional health services (it is estimated that the

current bureaucracy absorbs 64% of health funding).

The 2006 Master Plan for the Redevelopment of Kempsey District Hospital

provided for objectives of the North Coast Area Health Service (NCAHS) to

meet the following objectives:

Equity

Efficiency

Effectiveness

Acceptability

MM - 2



The redevelopment of the hospital’s facilities will enable NCAHS to

implement its objectives and achieve the following additional benefits:

To meet the projected increase in demand for health services.

Attract and retain clinical, medical and nursing staff.

Networking services within the Hastings Macleay Network.

Providing health promotion, early intervention and primary health

care services to an area with a large disadvantaged population.

Achieve community expectations for core health services which are

conveniently accessible.

The full integration of Community Health Services, Mental Health

Services and Acute Services.

Providing the facilities to meet the needs of the large Indigenous

population.

Mr Rob Oakeshott MP, Member for Lyne, when commenting on the

agreement on Reform, said the “single pooled funding authority” needs to

be explained in detail by government.

Mr Oakeshott also referred to bed shortages and the thinking around local

health networks.

Cr Geoff Lake, President, Australian Local Government Association said it

was important for local government that the Commonwealth and States

acknowledged the various roles by local governments in primary and

preventative health care and the need to consult with local government as

part of the transition to the new arrangements.

There are a number of motions concerning health on the agenda for the

Shires Association Conference next month with Council resolving on

9 March 2010 to request the Shires Association to include the National

Health and Hospitals Network for Australia’s Future to be considered.

On Tuesday, 27 April 2010 I attended my first meeting of the Clinical

Services Planning Taskforce.

The development of the North Coast Area Health Services (NCAHS)

Healthcare Services Plan is being undertaken in two phases. Phase 1 was

a review of North Coast hospitals which was recommended by

Commissioner Garling and then directed by NSW Department of Health. I

have requested a copy of the report on Phase 1.

Phase 2, for which this Taskforce has been established, entails a review of

all other sections of the current NCAHS Healthcare Services Plan including

Mental Health, Community Health, Cancer and Palliative Care Services

etc.


Environmental

N/A

Social

The survival and ultimate redevelopment of Kempsey District Hospital is

extremely important to our community.

MM - 3




Council’s continued involvement on behalf of our community in

accordance with the Social Plan is essential with relative costs of

appropriate representations provided as part of the ongoing management.

Policy or Statutory

N/A

RECOMMENDATION:

That Council continue to advocate for the survival and ultimate

redevelopment of Kempsey District Hospital to continue its role as

a predominantly Level 3 hospital providing for the majority of

primary and secondary health needs of the residents of Kempsey

Shire, in partnership with Port Macquarie Base Hospital.

………………………………..

J H Bowell

MAYOR

MM - 1



MAYORAL REPORT

11 May 2010

MM3 MAYORAL AND COUNCILLOR ACTIVITIES

FILE: 380 MAYOR (NRN) {Folio No. 425324}

SUMMARY:

Reporting on activities for April 2010.

DESCRIPTION:

MAYOR

7 April Citizenship Ceremony – 3 persons

Met Chair Clinical Services Planning Taskforce

8 April General Manager’s Review

10 April Open Art Gallery Display

12 April Met tenant Holiday Village – postal problem

15 April Crescent Head Prioritisation Working Party

20 April Cancer Advisory Committee representative

21 April Luke Hartsuyker, Dr Andrew Southcott – Nurses –

Health & Hospital Reform (report)

25 April ANZAC Day Kempsey Dawn Service

Wreath – East Kempsey Cemetery

Wreath – West Kempsey Cemetery

Hat Head Commemoration Service

27 April Council Draft Management Plan

28 April Address South West Rocks Seniors

29 April Support Nurses Kempsey District Hospital

30 April Attended funeral Mrs Carrie Lewthwaite OAM

COUNCILLORS

L Campbell General Manager’s Performance Review

Meeting with Luke Hartsuyker MP and Dr Andrew

MM - 2



Southcott MP

Women Walking for Peace – Anglican Church, Kempsey

Wreath - ANZAC Day Service, Crescent Head

B Green General Manager’s Performance Review

Wreath - ANZAC Day Service, Frederickton

J Gribbin Local Heritage Meeting

General Manager’s Performance Review

Crescent Head Prioritisation Committee Works Inspection

2nd Annual Kempsey Bike Show in aid of SES

Wreath - ANZAC Day Service, SWR

J Hayes Local Heritage Meeting

Wreath - ANZAC Day Service, Bellbrook & Willawarrin

D Saul Uniting Church SWR – Induction of Rev. Sheppard

Port Macquarie-Hastings and Kempsey 2010 Heritage

Festival Opening

Local Heritage Meeting



Southcott MP


Weeds Sub Committee, Taree

Wreath - ANZAC Day Service, Stuarts Point

A Snowsill General Manager’s Performance Review


Southcott MP

Wreath - ANZAC Day Service, Kempsey

J Sproule Local Heritage Meeting



Wreath - ANZAC Day Service, Gladstone

E Walker General Manager’s Performance Review


Environmental

N/A

Social

N/A


N/A

Policy or Statutory

N/A

MM - 3



RECOMMENDATION:

That the information be noted.

………………………………..

J H Bowell

MAYOR

NOM - 1

THIS IS PAGE 1 OF THE NOTICE OF MOTION REPORT SUBMITTED TO THE ORDINARY MEETING OF THE KEMPSEY

SHIRE COUNCIL HELD TUESDAY, 11 MAY 2010.

NOTICE OF MOTION

11 May 2010

NOM1

MAYORAL COLUMN

FILE: 52 KEO {Folio No. 425325}

I hereby give notice that I intend to move the following motion at the Ordinary

meeting of Kempsey Shire Council to be held on Tuesday, 11 May 2010.

“That the opportunity be afforded to those Councillors who are

interested to submit a column for the Macleay Argus on a

regular basis and that the Mayoral Column be re-titled

accordingly to reflect other Councillors’ opinions.”

NOTE:

There are a lot of items within the weekly column which are run for the

purpose of informing the community of a variety of functions and raising

awareness and I see those as continuing to be published.

The remainder of the column is reserved for an opinion piece and it would only

be fair and equitable to give the other Councillors the chance to air their views

as well.

I believe it would broaden the content of the column which would make it

more interesting, and allow the public to acquaint themselves with a greater

range of opinions from elected members.

There are other instances of this occurring in other local government areas

and it is quite popular.

Obviously, it would not be compulsory and only those Councillors who are

interested would participate.

I think it’s worth trying, even if it’s for a trial period.

MOTION IMPLICATIONS:

Environmental

Nil

Social

Nil

NOM - 2




General Manager’s comment: Would have to check whether there are any

financial implications. At this stage it is unknown.

Policy or Statutory

Nil

………………………………...

COUNCILLOR J A C HAYES

NOM - 1



NOTICE OF MOTION

11 May 2010

NOM2

ELBOW STREET PARKING (BETWEEN TOZER & RIVER

STREETS)

FILE:102 COPY:T6-07-527 RJS COPY:SDS {Folio No. 425326}


meeting of Kempsey Shire Council to be held on Tuesday, 11 May 2009.

“That Kempsey Shire Council have the Traffic Committee

investigate, as a matter of urgency, the parking situation on

Elbow Street, West Kempsey, between Tozer and River streets.”

Rationale:

The Lease of a recently completed building on the south side of this street, to

a government department, has resulted in a significant increase in car parking

in the area.

Vehicles are taking up most of the available car parking in the area, as well as

parking on the slip lane from the corner of Elbow and River Streets to the

gravel processing business on the bank of the Macleay River.

This has resulted in a dangerous situation with the entire lane down its length

being used for parking and gravel trucks, plus bogies, navigating this lane

several times a day (see tabled photos).

MOTION IMPLICATIONS:

Environmental

This is continuing to cause damage to the adjacent land and lane.

Social

The potential for an accident with possible harm to residents in the area is

high.


Possible legal actions for Council arising from a traffic incident in the area.

Policy or Statutory

NOM - 2



Nil

………………………………...

COUNCILLOR E A GREEN

NOM - 1



NOTICE OF MOTION

11 May 2010

NOM3

GOOLAWAH RESIDENTIAL DEVELOPMENT

FILE: S15-91-85 KEO {Folio No. 425328}


meeting of Kempsey Shire Council to be held on Tuesday 12 May 2010.

“That Kempsey Shire Council support the Crescent Head

Ratepayers in their campaign to have the Minister for Planning,

Infrastructure and Lands, Mr Tony Kelly MLC, reverse his decision

to release Goolawah unit 3 & 4 for residential development.

That this support be written.”

Rationale:

There is other land available within the Crescent Head area for residential

development. The area involved is an acknowledged high conservation area

with identified endangered fauna and flora species. The local community does

not support this development.

MOTION IMPLICATIONS

Environmental:

The proposed development would have catastrophic outcomes for this

particular area with the destruction of habitat for endangered fauna and the

destruction of fragile, endangered flora. This does not sit well with Kempsey

Shire Council’s sustainable development mantra.

Social:

The Crescent Head community does not support the proposal especially when

there are other options for residential development in the immediate area.

Economic (Financial):

The proposed residential development could be costly for Kempsey Shire

Council as there would be limited, if any, S94 & 64 contributions from the

developer as this is a government project; while the other proposed

developments, being private, would be required to contribute to these.

Policy or Statutory:

NOM - 2



Nil

…………………………………

COUNCILLOR E A GREEN

DR - 1

THIS IS PAGE 1 OF THE DELEGATE’S REPORT SUBMITTED TO THE ORDINARY MEETING OF THE KEMPSEY SHIRE COUNCIL HELD 11 MAY 2010.

DELEGATE'S REPORT 11 May 2010

DR1

AUSTRALIAN COASTAL COUNCIL ANNUAL CONFERENCE 2-3 MARCH 2010 FILE: 165 KEO (NRN) {Folio No. 425330}

SUMMARY: Reporting on the attendance at the Australian Coastal Council Annual Conference. DESCRIPTION: Along with the Director of Sustainable Development Services, Mr Robert Pitt, I recently attended the Australian Coastal Council Annual Conference organised by the National Sea Change Taskforce, hosted by Byron Shire Council. As I am an Executive member of the Taskforce, the bulk of my expenses were covered by them. The theme of this year’s Conference was “Coastal 2010: The time to act is now”. The conference was held at the Byron Community Centre located in the centre of town. The facility was an extremely functional venue which catered well for the 200 or so delegates attending from across Australia. Along with its several meeting rooms and office space generating income, the centre was not dissimilar to the Kempsey Showground. The Byron Community Centre was also conducting the Byron International Film Festival simultaneously with the Conference. The purpose of the Seachange Taskforce is to represent Australian councils’ interests with all governments, in order to promote and seek support for the issues coastal communities face in dealing with the “seachange” phenomenon. The Conference commenced with an opening address

by Taskforce President Cr Barry Samells, Mayor of Rockingham WA, who is also the Taskforce representative on the Steering Committee of the Australian Council of Local Government. Mr Samells’ short speech concerned the recently released Senate Committee Inquiry Document that would be addressed later in the day by the committee chair, Ms Jenny George MP. He also urged the need for all coastal councils to continue to lobby the Federal Government to support them in the challenges they face and constitutional recognition.

The first session of the Conference titled “Sea Change – A National Approach” was presented by Eurobodalla’s General Manager, Paul

DR - 2


Anderson. Mr Anderson spoke on the “PIE” program that has just commenced a trial with Moruya High School. The program which is auspiced by Eurobodalla Shire Council, involves a partnership with the local schools, TAFE and employers to identify and develop students for future employment by transitioning students from secondary education to TAFE, including relevant work experience. During the second session Mr Brydon King in his role of Manager, Planning and Development at Surf Coast Shire in Victoria, spoke on the issues his council is facing which are similar to Kempsey with planning for the increase in population in an area that is struggling to provide services to accommodate existing residents. He spoke of an initiative called “Community Consultation – Community Conversation

” that, whilst effective, was also slow to implement due to his community’s resistance to change. This theme of community engagement was also addressed by John Coombe, Chief Executive, Alexandrina Council, South Australia.

Session 3

was extremely interesting with Andrew Beatty, a partner in Baker & McKenzie, Environmental Lawyers, offering his views on current judicial case law and tendencies of the courts. The talk reinforced the issues raised in Council’s endorsed submissions on sea level rise of the need for a legislated response from the Federal and State Governments. The view of Mr Beatty is that private litigation of the type experienced in Byron Bay will inevitably increase to fill the statutory void unless action is taken.

Jan Barham, Mayor of Byron Shire Council, spoke of the issues that her Council is facing with coastal hazards and how having a strongly researched policy is paramount in advising property owners on the challenges they face. It was interesting to note that the Byron Shire policy relating to adapting to coastal hazards has been in place for several years and was subject to considerable public consultation. The Honourable Ms Jenny George, Federal Member for Throsby, then addressed the delegates. In October 2009, the House of Representatives Standing Committee on Climate Change, Water, the Environment and the Arts released its report on an eighteen month inquiry into issues related to climate change and other coastal pressures. It was a landmark document with 47 recommendations which, if adopted, would address many of the challenges facing coastal communities. This document can be located at http://www.aph.gov.au/house/committee/ccwea/coastalzone /report.htm.

It is a document that articulates the many issues facing the community with economic cost and liability being the two issues that Local Government needs immediate resolution.

Professors Bruce Thom (Chair, Australian Coastal Society) and Barbara Norman (Foundation Chair, Urban & Regional Planning UC), along with Clr Paddi Creevey, Mayor of Mandurah WA and Dr Bruce Harper, Principal Professional Environment and Risk at GHD Pty Ltd spoke on the recently released Federal Government report titled “Climate Change Risks to Australia’s Coasts

”. To summarise, the speakers reinforced that the issues we face require planning, commitment and support from all stakeholders involved and the need for leadership.

Following lunch, the role of Regional Development Australia committees and their engagement with the community was discussed by the chairs of RDA Committees for Northern Rivers (NSW) Sunshine Coast (QLD)

http://www.aph.gov.au/house/�

DR - 3


Gippsland (VIC) and Southern Western Australia. The consensus by the presenters was that they were under-funded, needed to be integrated throughout the States reflecting local issues using a broad based plan, ie a shared vision. They also need to have a clear role, a defined function and not be a duplication of a government department. Day 2 had several speakers discussing a variety of interesting topics. Firstly Deb Cox and Fiona Eagger,

TV writers and producers of “Seachange” and “East of Everything” offered their experiences in producing a TV show in rural NSW and how there are opportunities for other regional areas. Both Deb and Fiona mentioned the importance on a healthy local arts community being supported by local government, as in Byron, to attract opportunities in production. This support is paramount to success and will negate the increased costs involved in producing outside metropolitan areas.

Dr John Church who is an oceanographer with the Centre for Australian Weather and Climate Research

provided an excellent presentation on the science of climate change, including examples from all over the world and the latest predicted impacts.

Pam Brook, Seachanger and proprietor of Brookfarm Food Products

who moved from inner city Sydney to Byron Bay after earlier purchasing a run-down, blackberry infested property then offered her experiences. Her belief is that support from local government is paramount to her success and her ability to in turn support the local community by employing 30 local residents.

Ann Leitch from CSIRO Sustainable Ecosystems

spoke of her research of the press debate of a contentious Council groin to protect the coastline in Byron Bay through letters to the editor, with the content reflecting the owners of the two newspapers concerned. The Echo (circulation 21000), an independent weekly publication supporting the broader community’s interest and whose charter is “to be a provocative community newspaper” and seemingly supportive of the Green dominated Byron Shire Council with the other, The Byron Shire News (circulation 17500), owned by APN News & Media Ltd seemingly supporting the residents effected by coastline recession.

The Honourable Justine Elliott MP, Federal Minister for Ageing

and Member for Richmond, addressed the conference acknowledging the issues faced but did not offer assistance in how to answer the questions posed. Interestingly and indicative of the Federal Government’s misunderstanding of the financial pressures on councils, Ms Elliott had to be corrected for believing that the Federal Government paid the pensioner discount on rates, not Local Government.

Andrew Howe, Senior Demographer with the Australian Bureau of Statistics, conducted an interesting presentation on the number of over 65s currently living in coastal communities and those moving to coastal regions. Mr Howe was joined in the Q & A sessions following his presentation by Councillors Pat Chigwidden & Fergus Thomson. Clr Chigwidden stated that her council area of Victor Harbour (SA) had 40% of the population over the age of 65 and the increased demand for services catering for aged care will and cannot be absorbed by the local community. Mayor Thomson discussed the aging of farmers, the loss of future generations to farming and how that impacts on locally grown farm produce and retail prices.

DR - 4


David Cant, CEO of Brisbane Housing Company

, spoke passionately of his not-for-profit organisation that has currently 700 properties in their portfolio. The company works closely in joint venture partnerships to provide affordable accommodation at 70% of market rents for those on low incomes.

Of particular relevance to Local Government, Dr Nick Sciulli, Senior Lecturer in Accounting at Victoria University

spoke of his interest in the real economic cost of coastal hazards to councils across Australia by applying International Accounting Standards. His current research will be finalised by November.

The Conference finished up with a recommendation for the Taskforce to continue to work with other coastal agencies to prioritise issues for inclusion in the National Seachange Taskforce Coastal Policy Framework and to use this document as an advocacy campaign during the upcoming Federal election.

Conference Resolutions

Attached is the report on the Conference which overwhelmingly indicates the satisfaction and relevance of the Conference to attendees which reflects the work of the Taskforce. The Taskforce is unique as it offers Council the opportunity to share information and experience relating to innovative programs dealing with common issues faced by coastal communities from a national perspective (Appendix A – page DR1) The Taskforce also released a communiqué with particular emphasis on support for the recommendations of the report of the Parliamentary coastal enquiry by the House of Representatives Standing Committee on Climate Change, Water, Environment and Arts. (Appendix B – page DR11) RECOMMENDATION IMPLICATIONS: • Environmental Nil • Social Nil • Economic (Financial) Nil • Policy or Statutory

Nil RECOMMENDATION: That the information be noted. …………………………………… COUNCILLOR J A C HAYES

RM - 1

THIS IS PAGE 1 OF THE RESCISSION MOTION SUBMITTED TO THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL

HELD 11 MAY 2010.

RESCISSION MOTION

11 May 2010

RM1 DRAFT MANAGEMENT PLAN

FILE: 339 DLR {Folio No. 425335}

Notice is hereby given that we intend to move the following Rescission Motion at

the Ordinary meeting of Kempsey Shire Council on Tuesday 11 May 2010.

That resolution number 2010.157 from the extraordinary meeting held

27 April 2010, as printed below:

"That the following amendments be incorporated into the Draft

Management Plan and it be placed on public exhibition for 28 days:

that Council include a project to review the option of selling car

parking spaces with a target date of March 2011

that medical scholarships funding of $5,000 be included to be

funded from a reduction in conference delegates expenses of

$5,000

that the civic centre sound system funding of $35,000 be deleted

that Council include a project to investigate the sale of Council

land at Boyters Lane

that the fees and charges for lease of holding pens at the

saleyards be amended to $560

that the fees and charges for the art gallery hire be amended to

$120

that the industrial land project at Frederickton be brought

forward from 2014

that Council retain membership of the Shires Association and

associate membership of the Local Government Association

that Council retain membership of the Seachange Taskforce

that Council cease membership of the Country Mayors

that Council retain membership of the Pacific Highway Taskforce

RM - 2


HELD 11 MAY 2010.

that Council cease membership of the IPWEA Roads Directorate

that Council cease membership of the Timber Taskforce

that Council retain membership of the Floodplain Management

Authority"

be rescinded.

In the event that the above Rescission Motion is successful I propose to move the

following motion:

That the following amendments be incorporated into the Draft

Management Plan and it be placed on public exhibition for 28 days:

that Council include a project to review the option of selling car

parking spaces with a target date of March 2011

that medical scholarships funding of $5,000 be included; to be

funded from a reduction in conference delegates’ expenses of

$5,000

that the Civic Centre sound system funding of $35,000 be deleted

that Council include a project to investigate the sale of Council

land at Boyters Lane

that the fees and charges for lease of holding pens at the

Saleyards be amended to $560

that the fees and charges for the Art Gallery hire be amended to

$120

that the industrial land project at Frederickton be brought forward

from 2014

that Council retain membership of the Shires Association and

associate membership of the Local Government Association

that Council cease membership of the Seachange Taskforce

that Council cease membership of the Country Mayors

RM - 3


HELD 11 MAY 2010.

that Council retain membership of the Pacific Highway Taskforce

that Council cease membership of the IPWEA Roads Directorate

that Council cease membership of the Timber Taskforce

that Council cease membership of the Floodplain Management

Authority

…………………………………..

COUNCILLOR J C GRIBBIN

GM - 1

THIS IS PAGE 1 OF THE REPORT OF THE GENERAL MANAGER SUBMITTED TO THE ORDINARY MEETING OF THE

KEMPSEY SHIRE COUNCIL HELD 11 MAY 2010.

GENERAL MANAGER'S REPORT

11 May 2010

GM1 OUTSTANDING REPORTS / RESOLUTIONS

FILE: 149 DLR (NRN) {Folio No. 425337}

SUMMARY:

Council’s report on outstanding reports and resolutions.

DESCRIPTION:

Following is listed each Director’s outstanding reports and resolutions up

to and including 13 April 2010 Ordinary Meeting of Council.

Director Shire Services

MEETING DATE RESOLUTION PROGRESS

10.11.09

RM2

Point Plomer Road

– Maintenance

and Capital

Expenditure

Updated 1.4.10

1. That Council continue to

negotiate with the General

Manager of the Mid North Coast

NPWS to develop a

memorandum of understanding

between Council and NSW

Department of Environment

Climate Change and Water to

determine the level of service,

the contributions and

responsibilities of each agency

in relation to Point Plomer Road.

2. That Council participate and

provide input into the Plan of

Management that will be

developed by the NPWS in

relation to Goolawah Reserve

and that Council makes a formal

request to the Minister that a

review of the roads hierarchy be

included as an integral part of

the Plan of Management for this

area.

3. That the NSW Department of

Environment Climate Change

and Water be asked to advise

the present position concerning

the establishment of a

Anticipate an outcome

with report to Council

to adopt MOU at May or

June Council Meeting.

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community committee on which

Council is represented.

4. That Councillor Campbell and Mr

Mark Thompson, Acting Director

Shire Services, be thanked for

their proactive approach on this

issue.

2.2.10 DSS4

Updated 4.5.10

Commercial bin audit result and

prepayment of service

requirements – process of coupon

book for prepaid services be

investigated with costs and issues

being presented to DSS for

consideration and implementation.

Investigating the types

of booklets and stickers

with costings. Further

investigations being

undertaken – report

will be provided to

council as soon as

possible.

Director Corporate and Community Services


13.10.09

NOM3

Kempsey Airport –

use for other

activities

Updated 22.01.10

That a full report be brought back

to Council on what is proposed by

the Drag Racing Club and other

users of the taxiway and runway,

so that Council is informed.

Researching other airports

who host drag races.

Poor response from other

airports. Will request the

drag racing club to provide

additional information.

15.12.09

DCCS11

Use of Airport for

Drag Racing

Events

That Council fully investigates the

potential impacts and benefits prior

to requesting a development

application for Council’s

consideration.

As above

15.12.09

MM8 Supp

Fencing Horseshoe

Bay Beach

Caravan Park

Updated

4.5.10

1. That the provision of fencing for

the Horseshoe Bay Caravan

Park be constructed as soon as

practicable, to be funded from

the caravan park income.

2. That the fence be aesthetically

pleasing and appropriate to this

site.

Currently on exhibition

until 15 May 2010.

13.4.10

DCCS5

East Kempsey cemetery plan of

management deferred

Deferred to June meeting.

Pending investigation.

13.4.10

DCCS3

Industrial land – West St

Subdivision – list for sale with real

estate agents – defer development

of stage 1 and develop

infrastructure as required funded

through sales

To be listed for sale with

local real estates.

Director Sustainable Development Services


13.4.10

DR1

NSW LG Shires Assoc Tourism

Conference – Cowra 10-12 March

– GM investigates feasibility of

introducing tourism levy after

2012 – request LGSA investigate

removal of funding from Regional

Tourism Offices as of 1/1/12 – Clr

Moved to management

plan.

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Snowsill be commended on Q

General Manager


2.2.10

NOM4

That the General Manager carry

out a review of Council's

committee structure with a view to

drastically reducing the number of

committees, and that one of the

options be that we have only five

main committees which align with

the five goals, the Community

Strategic Plan and the

Management Plan.

Report pending.

13.4.10

GM3

Relocation of visitor info centre to

Slim Dusty Centre – discuss with

Slim Dusty Foundation – any

agreement would be cost neutral

or cost positive to Council

Have advised them but

haven’t completed

negotiations at this stage.


Environmental

Nil

Social

Nil


Nil

Policy or Statutory

Nil

RECOMMENDATION:


………………………………..

D L Rawlings

GENERAL MANAGER

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GENERAL MANAGER'S REPORT

11 May 2010

GM2

REFUSAL TO PROVIDE REQUESTED INFORMATION

FILE: 444 DLR (NRN) {Folio No. 425338}

SUMMARY:

Council has been requested to provide monthly credit card details for the

following directors for the period 1 January 2009 to 1 January 2010:

Director Corporate & Community Services

Director Sustainable Services


DESCRIPTION:

This request has been refused on the grounds that the information is not

seen as information necessary for a councillor to fulfil their role as defined

by the Local Government Act. Councillors’ roles are defined as follows in

the Local Government Act:

232 What is the role of a councillor?

1. The role of a councillor is, as a member of the governing body of the

council:

to provide a civic leadership role in guiding the development

of the community strategic plan for the area and to be

responsible for monitoring the implementation of the council’s

delivery program

to direct and control the affairs of the council in accordance

with this Act

to participate in the optimum allocation of the council’s

resources for the benefit of the area

to play a key role in the creation and review of the council’s

policies and objectives and criteria relating to the exercise of

the council’s regulatory functions

to review the performance of the council and its delivery of

services, and the delivery program and revenue policies of the

council.

2. The role of a councillor is, as an elected person:

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to represent the interests of the residents and ratepayers

to provide leadership and guidance to the community

to facilitate communication between the community and the

council.

Taking into account the above, it was not considered that the provision of

the information was required for fulfilling the role of a councillor. The

councillor has been advised that the information may be requested under

Freedom of Information, the same options as available to any other

member of the public.


Environmental

Nil

Social

Nil


Nil

Policy or Statutory

Nil

RECOMMENDATION:


………………………………..

D L Rawlings

GENERAL MANAGER

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THIS IS PAGE 1 OF THE REPORT OF THE GENERAL MANAGER SUBMITTED TO THE ORDINARY MEETING OF THE KEMPSEY SHIRE COUNCIL HELD 11 MAY 2010.

GENERAL MANAGER'S REPORT 11 May 2010

GM3 WORKS PROGRAM FILE: 153 DLR (NRN) {Folio No. 425343}

SUMMARY: To outline progress of the capital works program for the 2009/10 year. DESCRIPTION: Attached Appendix A - Page GM1, part 2 – Page GM11, part 3 – Page GM21, Part 4 – Page GM31 is a status report on the major works to be undertaken during the year. If jobs are to be deferred that involve loan funds, Council’s borrowing program can be adjusted resulting in savings in principal and interest payments. RECOMMENDATION IMPLICATIONS: Environmental Nil Social Nil Economic (Financial) Better utilisation of funds will be obtained by allocating resources to only those works that can be completed in the budgeted timeframe. Policy or Statutory Nil General Manager's Review Nil RECOMMENDATION: That the information be noted. ……………………………….. D L Rawlings GENERAL MANAGER

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GENERAL MANAGER'S REPORT 11 May 2010

GM4 QUARTERLY REPORT FILE: 339 MRB (NRN) {Folio No. 425345}

SUMMARY: Reporting on the implementation of Council’s 2009/2010 Management Plan. DESCRIPTION The Local Government Act 1993 requires that a report be submitted to Council within two (2) months of the end of each quarter as to the extent to which the performance targets set by the Management Plan have been achieved during that quarter. Attached at (Appendix B – Page GM33, Part 2 – Page GM43) is a report on the achievements in respect to Council’s Targets / Performance Measures for the quarter ended 31 March 2010. RECOMMENDATION IMPLICATIONS: • Environmental Nil • Social Nil • Economic (Financial) Nil • Policy or Statutory Nil • General Manager's Review Nil

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RECOMMENDATION: That the achievement of performance targets set by the 2009/2010 Management Plan for the period to the end of the December 2009 quarter be noted. ……………………………….. D L Rawlings GENERAL MANAGER

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THIS IS PAGE 1 OF THE REPORT OF THE DIRECTOR SUSTAINABLE DEVELOPMENT SERVICES SUBMITTED TO THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL DATED 11 MAY 2010.

DIRECTOR SUSTAINABLE DEVELOPMENT SERVICES REPORT 11 May 2010

DSDS1 DRAFT KEMPSEY LOCAL ENVIRONMENTAL PLAN - AMENDMENT NO. 106

FILE: T5-106 SDS {Folio No. 425348}

SUMMARY: Reporting that the specialist site studies for Draft Kempsey Local Environmental Plan (LEP) - Amendment No. 106 have been prepared which support an LEP amendment (enabling clause) for the purposes of a cemetery, chapel and crematorium facility at Collombatti. The information submitted has been reviewed and is considered satisfactory for the purposes of placing it on public exhibition. SECTION 375A OF LOCAL GOVERNMENT ACT REQUIRES THAT A DIVISION BE CALLED IN RESPECT TO THIS REPORT. Applicant: Lean & Hayward Pty Ltd Subject Property: Lot B DP 900729, Chain O Ponds Road,

Collombatti Current Zone: Zone No. 1(a3) Rural “A3” Agricultural Protection

Zone SITE DESCRIPTION The site is located approximately 10km north-west of Kempsey on the northern side of Chain O Ponds Road, Collombatti (Appendix A - Page SDS1). It is approximately 112 hectares in area. The land has been used for logging and grazing activities in the past and contains both cleared and vegetated areas. BACKGROUND The intended land-use consists of the following:

• Bushland cemetery – providing ground burials for approximately 100 interments located in an established area of bushland close to the site’s Chain O Ponds Road frontage. Minimal vegetation clearing is intended.

• A chapel located approximately 300m into the site. The chapel is to provide seating for approximately 40-50 mourners and a carpark.

• A lawn reflection area with artificial waterbody serving as a landscaping feature adjacent to the chapel.

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• A crematorium building located towards the rear (northern) portion of the site.

Places of assembly and public worship and commercial premises are presently prohibited in the 1(a3) Rural “A3” Agricultural Protection Zone. Given these restrictions under the current zoning land-use table, the establishment of a cemetery, chapel and crematorium requires an amendment to Council’s Local Environmental Plan in order to make such a facility permissible. ENVIRONMENTAL INVESTIGATIONS In response to the Section 62 consultations, and in accordance with the advice from the Department of Planning, a number of environmental studies have been undertaken which include:

• Ecology Assessment • Bushfire Hazard Analysis • Soil and Water Analysis • Traffic Assessment • Archaeology Assessment • Demand Analysis • A site masterplan

Ecology Assessment A comprehensive field survey and desk-top assessment of the site’s ecological attributes was undertaken and determined a number of manageable constraints, namely:

• vegetation clearing should be restricted to clearly defined areas and not impinge on the mapped Endangered Ecological Communities or riparian vegetation;

• parking areas, access road, water feature and the bushland cemetery should be located in the APZ where possible to reduce the amount of vegetation needed to be disturbed;

• all mature/hollow bearing trees should be identified and retained within the bushland cemetery precinct and bushfire asset protection zones;

• where possible, Glossy Black-cockatoo feed tree species (Casuarina species) should be retained within the bushland cemetery precinct;

• a buffer area should be maintained around the potential Powerful Owl roost tree to ensure that any breeding pair (and their young) utilising the hollow are not adversely impacted by noise, light and pedestrians (it is noted however that no development is proposed in the vicinity of this tree); and

• access roads should utilise existing tracks where possible. These constraints are summarised in the comments regarding the site masterplan (constraints and opportunities) below. It is considered that, with an appropriate site layout, these constraints can be effectively managed and protected. Bushfire Hazard Analysis The site is identified as bushfire prone on Kempsey’s Bushfire Prone Land Map. Therefore the environmental studies have given consideration to the following bushfire protection measures.

SDS - 3


The analysis has therefore examined appropriate APZs, minimum Inner Protection Areas (IPA) and Outer Protection Areas (OPA), incorporation of carparks and access in APZs, Management of Fuel levels within the APZ, consideration of the crematorium and site shed as industrial buildings for the purposes of Planning for Bushfire Protection 2006, establishment of a defendable space around such structures, necessary design requirements for the property access road to the crematorium, examination of the chapel an ‘assembly area’ and vehicle access needs, provisions of fire trails, adequate water supply to structures for fire-fighting purposes. This analysis has determined a number of measures that would be relevant to the final site masterplan. The analysis concludes therefore that:

“Implementation of these bushfire protection measures should minimise bushfire risk through providing a defendable space and separation between a hazard and buildings, and through allowing for safe access and egress for emergency service personnel, employees and members of the public.”

Soil and Water Analysis The Environmental Studies identifies shallow top-soils in some areas of the site, particularly on hill crests. It may therefore be necessary to situate the cemetery component on side-slopes, as opposed to any hill crests. A 40m buffer is also recommended between the burial plots and water courses on site, which is consistent with objectives of the Water Management Act. The studies also identify some areas on the site that may present limitations for on-site treatment and disposal of effluent. Traffic Assessment The Traffic and Access Analysis that was undertaken examined the local traffic environment as per the RTA’s 1989 Road Design Guide and Austroads (2005) Guide to Traffic Engineering Practice- Part 5: Intersections at Grade. Traffic classifiers were installed on the 10 November 2009 at Spooners Avenue (50m north of River Street), Spooners Avenue (20m south of Chain O Ponds Road) and on Chain O Ponds Road (50m west of Spooners Avenue). Traffic count data for River Street (50m east of Springfield Drive) that had been collected by KSC in June 2007 was also used in the analysis. These studies determined that with standard intersection improvements, the at-grade intersection into/out of the site should perform satisfactorily. There is no recorded accident history for the immediate location, nor are there any significant road/sight impediments to establishing the facility as proposed. Ultimately it was considered that vehicle movements associated with funerals could be as low as 10, but that 100 was, as noted above, an upper estimate. The Traffic and Access Analysis therefore concludes:

“The site is considered appropriate to develop for use as a cemetery, crematorium and funeral chapel in terms of the impacts on traffic and the local road network provided the recommendations outlined in Section 6.2 are implemented prior to any funeral services, burials or cremations occurring at the site.”

Archaeology Assessment The investigations determined there are no known Aboriginal or European archaeological sites within the study area. The predictive model indicates there

SDS - 4


is low to moderate potential for archaeological sites to be present within the study area, which would need to be determined by field inspection. Areas of moderate potential are located well away from the proposed facility. Some areas of low potential are located in closer proximity to the burial sites and chapel. Consistent with the DECCW guidelines and current best practice, it is recommended that local Aboriginal stakeholder groups be consulted and involved in the project via public exhibition to determine if there are any Aboriginal cultural values to the study area. The known groups that should be contacted are:

• Kempsey Local Aboriginal Land Council • Dunghutti Elders Aboriginal Corporation

Demand Analysis The results of the Demand Analysis reflect those comments that have been reported to Council in previous business papers, namely:

• There is currently no crematorium facility within the Kempsey LGA. • The closest crematorium is located at Port Macquarie, with the next

closest being in Coffs Harbour. • Should a crematorium facility be located within the Kempsey LGA, it

is likely that the community would make use of the facility. Assuming the Kempsey community follows national trends, at least 50% of deaths in the LGA could be anticipated to utilise the cremation facility.

• From an economic viewpoint, the local facility would also capture a market that is currently being lost to either Port Macquarie or Coffs Harbour.

The Demand Analysis concludes:

“There is likely to be sufficient demand from the Kempsey community to justify the development of a new bushland cemetery and crematorium facility within the LGA. The proposed site is considered to be a potentially suitable location given its proximity to Kempsey. It is predicted that the population of the Kempsey LGA will continue to increase and age which will also add to the demand for the proposed facility.”

Site Masterplan – Constraints and Opportunities After completing the environmental investigations, the most significant constraints to the intended development were identified as:

• endangered ecological communities (EEC’s) identified at the site; • use of the site by four threatened species for foraging and/or

roosting habitat; • shallow topsoil on the hill crests within the proposed cemetery

precinct; • 40m buffer to drainage lines within the site; and • the required bushfire asset protection zone (APZ) near the chapel.

These constraints are deemed to be manageable. The studies indicate that some sections within the area proposed for the bushland cemetery, in particular, are not suitable for burials. However, even when these constraints are excluded from the burial area, over 80,000m2 of unconstrained land remains suitable for use as a cemetery.

SDS - 5


Environmental Planning and Assessment Act 1979 Section 62 consultation occurred in early April 2009. Information was sought from the Department of Environment and Climate Change (DECC) and the Rural Fire Service (RFS). The following table outlines the agencies consulted, issues raised and the responses: Authority Summary of Issues Response Department of Planning (DoP)

• No need for Environmental Study.

• Need to address range of issues raised in Council resolution of 10 June 2008.

• Need to consult with DECC.

• DoP has issued written authorisation to exercise delegation to Council to determine the application.

• Noted.

• Included in Brief for environmental investigations.

• Undertaken in April

2009.

• Noted.

Department of Environment and Climate Change (DECC)

• A biodiversity investigation should identify, assess and appropriately manage ecological attributes.

• Council should consult with the Aboriginal community to determine any heritage items of either cultural or archaeological significance.

• Council should ensure that efforts are made to protect and enhance the environmental values of downstream water bodies and bush land.

• Council should ensure that potential impacts resulting from noise, odour and dust are analysed.

• All ecological investigations and related environmental considerations raised by DECC are included in the integrated site study.

NSW Rural Fire Service (RFS)

• All development that is situated on bushfire prone land, including that within this LEP amendment, must give consideration to, and satisfy, the overall aims and objectives of Planning for Bushfire Protection (2006).

• The bushfire fire hazard analysis and relevant investigations to address the provisions of the Planning for Bush Fire Protection document are contained in the reference material and are commented on elsewhere within this report.

SDS - 6


Proposed LEP Amendment Given the isolated nature of the site, and the unique nature of the intended land-use, it is not considered appropriate to amend the zoning of the site. Nor is it considered appropriate to broadly change the land-use tables applying to the zone, and thereby affect all other sites similarly zoned. It is considered more appropriate to amend the provisions of the Kempsey LEP to include an enabling clause for the site. Clause 37 of the Kempsey LEP 1987 facilitates this process, whereby specific land-usages can be identified as appropriate for lodgement of a Development Application on a specific site. Should Council grant in-principle support for the rezoning application, it would be envisaged the subsequent Draft LEP would be prepared seeking inclusion of the subject site in the list of sites identified in Clause 37, permitting:

“Bushland cemetery, chapel, crematorium and associated facilities” Relationship with Standard LEP The site’s 1(a3) Agricultural Protection Zone will have a counterpart under the provisions of the Standard Instrument Order (2006) under which all councils in NSW are now required to prepare shirewide LEP’s. The existing 1(a3) zone is likely to change to RU1 Primary Production in the Draft Standard LEP which is to be placed on public exhibition later this year. The proposed land-uses of cemetery, chapel and crematorium are currently proposed to be permissible in the RU1 Primary Production Zone. The intended bushland cemetery, chapel and crematorium facility are consistent with the draft future zone objectives, and are a permissible use. However, given the positive outcomes of the recent environmental investigations for this site, the time constraints of the land-owner, and the Standard LEP timelines, it is appropriate for this LEP amendment to continue its process. REPORT IMPLICATIONS: • Environmental The environmental investigations have suggested that potential environmental impacts can be managed through appropriate controls and compliance with accepted standards. • Social Cemeteries play a social role with respect to honouring people. The establishment of a crematorium facility would serve to provide more choice for Macleay residents. • Economic (Financial) The proposed rezoning will bring employment opportunities to the Shire with both construction and operational stages of any future development. It would also be anticipated that the establishment of a crematorium in the Kempsey Shire would provide for investment into a local facility not currently available in the Local Government Area.

SDS - 7


• Policy or Statutory Pursuant to Section 65 of the Environmental Planning and Assessment Act 1979, Council’s endorsement of the Draft LEP amendment and accompanying environmental investigations is required prior to public exhibition of the document. RECOMMENDATION: That Council exercise the Delegation granted by the Department of Planning and resolve to issue a section 65 Certificate to exhibit the draft LEP. ………………………………….. R B Pitt DIRECTOR SUSTAINABLE DEVELOPMENT SERVICES

SDS - 1


DIRECTOR SUSTAINABLE DEVELOPMENT SERVICES REPORT 11 May 2010

DSDS2 ECONOMIC DEVELOPMENT MANAGER’S MONTHLY REPORT FILE: 584 DBH (NRN) {Folio No. 425352}

SUMMARY: Report on the progress of the strategic initiatives of the Kempsey Shire Council Economic Development Plan 2007 – 2010. This report is updated on a monthly basis to provide information on the progression of the Strategic Priorities and additional activities being undertaken by the Economic Development Unit. DESCRIPTION: In 2007 the Macleay Development and Promotion Committee developed a revised Economic Development Plan to further progress the activities outlined in the Strategic Plan for the Economic Development of Kempsey Shire (SGS Economics & Planning, 2007). Through this process, strategic initiatives have been identified for which this report provides advice concerning the progress on the actions undertaken to implement the initiatives. This report also details other projects currently being undertaken by the Economic Development Unit. (Appendix B - Page SDS2) RECOMMENDATION IMPLICATIONS: • Environmental Nil • Social Social capital and community development are essential components for economic development. The development of the community will create employment opportunities and develop personal and community pride. A multi-tiered government and non government sector approach to community and economic development will create opportunities for the future.

SDS - 2


• Economic (Financial) Ongoing financial resources are needed to be allocated for the Shire’s strategic planning projects in order to achieve and sustain community growth and development. A prerequisite to economic development is strategic planning and the attainment of the desired outputs of the Corporate Strategic Plan, the achievement of which will result in economic growth for the Shire. • Policy or Statutory Nil RECOMMENDATION: That the information be noted. ………………………………….. R B Pitt DIRECTOR SUSTAINABLE DEVELOPMENT SERVICES

SDS - 1

THIS IS PAGE 1 OF THE REPORT OF THE DIRECTOR SUSTAINABLE DEVELOPMENT SERVICES SUBMITTED TO THE

ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL DATED 11 MAY 2010.

DIRECTOR SUSTAINABLE DEVELOPMENT SERVICES REPORT

11 May 2010

DSDS3 BUILDING AND DEVELOPMENT

FILE: 329 RBP

SUMMARY:

Reporting that the following applications have been approved:

DESCRIPTION:

Council Report on Local Development Applications

2009/LD-00421 Lot 1741 & 1742 DP554776 191 & 219

ARMIDALE ROAD YARRAVEL

BOUNDARY ADJUSTMENT & RURAL DWELLING

Owner: D & L GRIFFIN DEVELOPMENTS PTY LTD

2009/LD-00459 Lot 1 DP758444 KINCHELA STREET GLADSTONE

MARKETS - COUNCIL PARK

APPLICANT – GLADSTONE (NSW) CHAMBER OF COMMERCE

Owner: CROWN RESERVE - KEMPSEY SHIRE COUNCIL

2010/LD-00015 Lot 18 DP112084 19 SEA STREET WEST KEMPSEY

PRIMITIVE CAMPING GROUND

APPLICANT – KEMPSEY SHOWGROUND TRUST

Owner: LAND & PROPERTY MANAGEMENT AUTHORITY

2010/LD-00016 Lot 197 DP754400 177 INCHES ROAD VERGES CREEK

CHANGE OF USE - BED & BREAKFAST

Owner: P & R KENSINGTON

2010/LD-00023 Lot 21 DP47366 32 NICHOLSON STREET

SOUTH KEMPSEY

ADDITIONS & ALTERATIONS - PRESCHOOL

Owner: KEMPSEY CHILDRENS SERVICES CO-OP LTD

2010/LD-00032 Lot 1 DP201277 27 SEA STREET WEST KEMPSEY

CONTINUED USE OF EXISTING STRUCTURE FOR USE AS A

GRANNY FLAT

Owner: P J BATTLE

2010/LD-00038 NEW ENTRANCE ROAD SOUTH WEST ROCKS

SDS - 2



JETTY

APPLICANT – M FLANAGAN, D D’ALLAQUA & A TRAPPELL


2010/LD-00039 Lot 9 DP758302 18 SKYLINE CRESCENT

CRESCENT HEAD

ALTERATIONS & ADDITIONS & GARAGE

Owner: P & E MCGREGOR

2009/LD-00433 REV01 Lot 1 DP195094 65 SMITH STREET KEMPSEY

ALTERATIONS AND ADDITIONS

Owner: L A MELVILLE

2010/LD-00062 Lot 23 DP878475 6 SALMON CIRCUIT

SOUTH WEST ROCKS

ENCLOSED CARPORT

Owner: G B BROWN & H D BROWN

2010/LD-00070 Lot 16 DP262664 24 PHILLIP DRIVE

SOUTH WEST ROCKS

ATTACHED CARPORT

Owner: V T C CABOT

2010/LD-00071 Lot 3 DP829661 149 GREGORY STREET

SOUTH WEST ROCKS

DWELLING ADDITIONS AND ALTERATIONS

Owner: G W POPPLE

2010/LD-00078 Lot 209 DP754441 8 PACIFIC STREET CRESCENT HEAD

ADDITIONS & ALTERATIONS - DISABLED ACCESS & AMENITIES

Owner: UNITING CHURCH IN AUSTRALIA

2006/LD-00398 REV01 Lot 22 DP238986 18 NINTH AVENUE

STUARTS POINT

GARAGE

Owner: W H & C L DENFORD

2004/LD-00657 REV01 Lot 32 DP1005475 EDGAR STREET FREDERICKTON

MODIFICATION 4 LOT SUBDIVISION

Owner: LATHAM CONSTRUCTION P/L & BOB RYAN No. 1 P/L

2010/LD-00080 Lot 11 DP758302 16 COMARA TERRACE

CRESCENT HEAD

SWIMMING POOL

Owner: M I JACKSON & M JACKSON

2010/LD-00082 Lot 8 DP758556 42-44 BLOOMFIELD STREET

SOUTH KEMPSEY

ERECTION OF SHADE SAIL

APPLICANT - PCYC

Owner: KEMPSEY SHIRE COUNCIL

2010/LD-00084 Lot 226 DP754441 1 RANKINE STREET

CRESCENT HEAD

WATER TANK FOR AN EXISTING AMENITIES

Owner: CRESCENT HEAD COUNTRY CLUB

SDS - 3



2005/LD-00559 REV01 Lot 3 DP263072 1072 WILLI WILLI ROAD TEMAGOG

RELOCATED DWELLING - MODIFICATION

Owner: J LAVELLE

2010/LD-00095 Lot 48 DP1042899 21 BELLE O'CONNOR STREET

SOUTH WEST ROCKS

DWELLING ADDITION

Owner: P L SCHULTZ & S SCHULTZ

2010/LD-00103 Lot 24 DP1100542 19 MACLEAY STREET FREDERICKTON

SHED

Owner: B N STEPHENSON

2010/LD-00106 Lot 10 DP48675 3 ELBOW STREET WEST KEMPSEY

ADDITIONS TO GARAGE

Owner: G M RIDDEL & L RIDDEL

2010/LD-00067 REV01 Lot 24 DP249351 72 LIKA DRIVE

SOUTH KEMPSEY

DWELLING & SHED (REFER BA-1991/31)

Owner: I V KOMAR & A SMITH

2010/LD-00116 Lot 13 DP1044229 38 BLAIRS LANE SOUTH KEMPSEY

SHED

Owner: D J BUNT

2010/LD-00120 Lot 1 DP120257 32 LACHLAN STREET SOUTH KEMPSEY

ALTERATIONS & ADDITIONS

Owner: B J MADDALENA

2010/LD-00121 Lot 6222 DP1145902 WHISTLERS LANE

VERGES CREEK

DWELLING/SHED

Owner: J E S HANSFORD & K L HANSFORD

2010/LD-00122 Lot 6221 DP1145902 WHISTLERS LANE

VERGES CREEK

DWELLING & DETACHED GARAGE


2010/LD-00123 Lot 82 DP752403 60 STUARTS POINT ROAD

BARRAGANYATTI

SHED - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER

Owner: D W GRIFFITH

2009/LD-00241 REV01 Lot 2 DP807291 16-18 COOPER STREET EAST

SOUTH WEST ROCKS

TWO STOREY DWELLING & CARPORT

Owner: G B RILEY

2009/LD-00310 REV01 Lot 116 DP1051855 26 DENNIS CRESCENT SOUTH

WEST ROCKS

DWELLING

Owner: W HENSLEY & A BURROW

2010/LD-00126 Lot 81 DP716573 846 PLUMMERS LANE

RAINBOW REACH

SDS - 4



GAZEBO

Owner: T J KIRK & A M KIRK

2010/LD-00127 Lot 6 DP22697 7 PETER MOUATT STREET

SOUTH WEST ROCKS

ADDITIONS & ALTERATIONS

Owner: L A WHITMORE

2010/LD-00128 Lot 30 DP1078115 15 RIPPON PLACE

SOUTH WEST ROCKS

DWELLING - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER

Owner: TIPRUSH PTY LTD

2010/LD-00129 Lot 70 DP1071483 27 BUNYA PINE COURT

WEST KEMPSEY


Owner: J K BANNERMAN

2010/LD-00130 Lot 70 DP1071483 27 BUNYA PINE COURT

WEST KEMPSEY


Owner: M L MAYHEW

2010/LD-00131 Lot 1 DP1113014 25 TEAGUE DRIVE SOUTH KEMPSEY

SHED

Owner: R C VAN LAWICK & M L VAN LAWICK

2010/LD-00132 Lot 57 DP1067832 197 EUROKA ROAD EUROKA

ADDITIONS & ALTERATIONS - DWELLING - COMPLYING

DEVELOPMENT - PRIVATE CERTIFIER

Owner: SAMKI PTY LTD

2010/LD-00133 Lot 1 DP997969 326 PACIFIC HIGHWAY KEMPSEY

ALTERATIONS & ADDITIONS - DWELLING - COMPLYING


Owner: R G MACKENZIE

2010/LD-00134 Lot 8 DP252390 9 AIRPORT ROAD ALDAVILLA


Owner: T R DEARLE

2009/LD-00435 REV01 Lot 12 DP759080 50 YARRAVEL STREET

SOUTH KEMPSEY

EXTERNAL KITCHEN

Owner: HOUSING NSW

Type No Sub Value

Complying Development 4 4 $12,000.00

Private Certifier (Complying Development) 7 - $340,500.00

Integrated Development 1 1 $200,000.00

Local Development 1 32 $989,727.00

Modification 8 - -

There were 41 applications approved with a value of $1,542,227.00.

For the financial year to date there have been 474 approvals including 87

modifications approved, with 84.0% (398) approved within 30 days.

SDS - 5



The 474 approvals (including 448 sub-applications) have a value of

$56,517,886.04

There are 166 applications awaiting determination for the following reasons:-

FURTHER DETAILS REQUIRED (FD) 61

FINAL REQUEST FOR INFO BEFORE REFUSAL (FR) 1

INCOMPLETE APPLICATION (IA) 15

REFERRAL TO OTHER AGENCIES (OA) 1

REFER TO RURAL FIRE SERVICE (LD) (RR) 2

Council Report on Construction Certificates Building

2010/CB-00024 Lot 21 DP47366 32 NICHOLSON STREET SOUTH KEMPSEY

ADDITIONS & ALTERATIONS - PRESCHOOL

Owner: KEMPSEY CHILDRENS SERVICES CO-OP LTD

2010/CB-00030 NEW ENTRANCE ROAD SOUTH WEST ROCKS

JETTY

APPLICANT – M FLANAGAN, D D’ALLAQUA & A TRAPPELL


2010/CB-00051 Lot 23 DP878475 6 SALMON CIRCUIT

SOUTH WEST ROCKS

ENCLOSED CARPORT

Owner: G B BROWN & H D BROWN

2010/CB-00059 Lot 3 DP829661 149 GREGORY STREET

SOUTH WEST ROCKS

DWELLING ADDITIONS & ALTERATIONS

Owner: G W POPPLE

2010/CB-00060 Lot 16 DP262664 24 PHILLIP DRIVE

SOUTH WEST ROCKS

ATTACHED CARPORT

Owner: V T C CABOT

2010/CB-00069 Lot 11 DP758302 16 COMARA TERRACE

CRESCENT HEAD

SWIMMING POOL

Owner: M I JACKSON & M JACKSON

2010/CB-00072 Lot 8 DP758556 42-44 BLOOMFIELD STREET

SOUTH KEMPSEY

ERECTION OF SHADE SAIL

APPLICANT - PCYC

Owner: KEMPSEY SHIRE COUNCIL

2010/CB-00079 Lot 48 DP1042899 21 BELLE O'CONNOR STREET SOUTH

WEST ROCKS

DWELLING ADDITION

Owner: P L SCHULTZ & S SCHULTZ

2010/CB-00087 Lot 24 DP1100542 19 MACLEAY STREET FREDERICKTON

SHED

Owner: B N STEPHENSON

SDS - 6



2006/CB-00316 REV01 Lot 22 DP238986 18 NINTH AVENUE

STUARTS POINT

GARAGE

Owner: W H & C L DENFORD

2009/CB-00346 REV01 Lot 1 DP195094 65 SMITH STREET KEMPSEY

AWNING ADDITION ONLY

Owner: L A MELVILLE

2010/CB-00058 REV01 Lot 24 DP249351 72 LIKA DRIVE

SOUTH KEMPSEY

DWELLING & SHED (BA-1991/31)

Owner: I V KOMAR & A SMITH

2010/CB-00090 REV01 Lot 9 DP758302 18 SKYLINE CRESCENT CRESCENT

HEAD

DOUBLE GARAGE (BA-1993/204) MODIFICATION

Owner: P D & E MCGREGOR

2005/CB-00480 REV01 Lot 3 DP263072 1072 WILLI WILLI ROAD TEMAGOG

RELOCATED DWELLING - MODIFICATION

Owner: J LAVELLE

2010/CB-00097 Lot 1 DP120257 32 LACHLAN STREET SOUTH KEMPSEY

ADDITIONS & ALTERATIONS - DWELLING

Owner: B J MADDALENA

2010/CB-00098 Lot 82 DP752403 60 STUARTS POINT ROAD

BARRAGANYATTI


Owner: D W GRIFFITH

2010/CB-00099 Lot 6222 DP1145902 WHISTLERS LANE

VERGES CREEK

DWELLING/SHED


2010/CB-00101 Lot 6221 DP1145902 WHISTLERS LANE

VERGES CREEK

DWELLING & DETACHED GARAGE


2010/CB-00103 Lot 5 DP1078114 12 RIPPON PLACE

SOUTH WEST ROCKS



2009/CB-00257 REV01 Lot 116 DP1051855 26 DENNIS CRESCENT SOUTH

WEST ROCKS

DWELLING

Owner: W HENSLEY & A BURROW

2010/CB-00104 Lot 30 DP1078115 15 RIPPON PLACE

SOUTH WEST ROCKS



SDS - 7



2010/CB-00105 Lot 70 DP1071483 27 BUNYA PINE COURT

WEST KEMPSEY


Owner: J K BANNERMAN

2010/CB-00106 Lot 70 DP1071483 27 BUNYA PINE COURT

WEST KEMPSEY


Owner: M L MAYHEW

2010/CB-00107 Lot 1 DP1113014 25 TEAGUE DRIVE SOUTH KEMPSEY

SHED

Owner: VAN LAWICK R C & VAN LAWICK M L

2010/CB-00108 Lot 57 DP1067832 197 EUROKA ROAD EUROKA

ADDITIONS & ALTERATIONS - DWELLING - COMPLYING


Owner: SAMKI PTY LTD

2010/CB-00109 Lot 1 DP997969 326 PACIFIC HIGHWAY KEMPSEY

ALTERATIONS & ADDITIONS - DWELLING - COMPLYING


Owner: R G MACKENZIE

2010/CB-00110 Lot 81 DP716573 846 PLUMMERS LANE

RAINBOW REACH

GAZEBO

Owner: T J KIRK & A M KIRK

2010/CB-00111 Lot 8 DP252390 9 AIRPORT ROAD ALDAVILLA


Owner: T R DEARLE

2010/CB-00112 Lot 6 DP37215 94 BELGRAVE STREET KEMPSEY

RETAIL PREMISES

Owner: A & M KLADIS

2009/CB-00199 REV01 Lot 2 DP807291 16-18 COOPER STREET EAST

SOUTH WEST ROCKS

TWO STOREY DWELLING & CARPORT

Owner: G B RILEY

2010/CB-00113 Lot 6 DP22697 7 PETER MOUATT STREET

SOUTH WEST ROCKS

ADDITIONS & ALTERATIONS - DWELLING

Owner: L A WHITMORE

There were 31 applications approved.

For the financial year to date there have been 331 approvals including 27

modifications approved, with 93.4% (309) approved within 30 days.

(Please note: This includes approvals by Private Certifiers).

STATE ENVIRONMENTAL PLANNING POLICY NO 1 – DEVELOPMENT

STANDARDS (SEPP 1) APPLICATIONS

SDS - 8



In accordance with a Department of Planning direction, all applications

determined involving the use of SEPP 1 to vary any development standard are

required to be reported to Council for information.

During the preceding month there has been 2 applications approved which

involved the use of SEPP 1.

DA No.: T6-10-39

Subject Land: Lot 9 Sec 9 DP758302 18 Skyline Crescent Crescent Head

Description: Alterations & Additions and Garage

Zoning: 2(a) (Residential “A” Zone)

Instrument: KLEP 1987 Clause 24(1)

Variation: 50%

Determined: By Council at its meeting of 13 April 2010

Justification of Variation

Height of the dwelling will be less than required Clause 24(1)

Complies with the objectives of the zones

Additions are within the existing foot print of the building

Minimal impact on the streetscape

DA No.: T6-09-421

Subject Land: Lot 1741 & 1742 DP554776 191 & 219 Armidale Road

Yarravel

Description: Boundary Adjustment & Rural Dwelling

Zoning: Zone No. 1(a1) (Rural "A1" Zone) & Zone No. 1(c) (Rural

(Small Holdings) "C" Zone)

Instrument: KLEP 1987 Clause 16(1)(a) 17(3)(a)(i)

Variation: Lot 182 (73%), Lot 181 (84%)

Determined: Concurrence was granted by Department of Planning

Justification of Variation

The proposal will not compromise the objectives of the zone by

adversely impacting on agricultural land or its future potential, the

rural character of the area or the amenity of the subject land.

RECOMMENDATION IMPLICATIONS

Environmental

Nil

Social

Nil


Nil

Policy or Statutory

Nil

Director’s Review

SDS - 9



Nil

RECOMMENDATION:


…………………………………..

R B Pitt

DIRECTOR SUSTAINABLE DEVELOPMENT SERVICES

SS - 1

THIS IS PAGE 1 OF THE REPORT OF THE DIRECTOR SHIRE SERVICES SUBMITTED TO THE ORDINARY MEETING

OF THE KEMPSEY SHIRE COUNCIL HELD ON 11 MAY 2010.

DIRECTOR SHIRE SERVICES REPORT

11 May 2010

DSS1 REVIEW OF LOAD LIMIT– JOBES CUTTING, COMARA

FILE: R.ARMIDALE RD TJG (NRN) {Folio No. 425355}

SUMMARY:

Reporting on geotechnical investigations with a view to lifting the load

limit on Armidale Road at Jobes Cutting, Comara.

DESCRIPTION:

Landslips at Jobes Cutting, Comara, following the 2009 Macleay River

flood events, were investigated by GHD (geotechnical engineering

consultants) and resulted in: the narrowing of the road to one lane;

installation of traffic signal controls for one way operation; and imposition

of a two tonne load limit until the landslips could be further investigated

and appropriate remedial action could be determined.

It is understood that the current load limit is severely disadvantaging local

farmers and trucking companies in carrying out their ordinary business.

The Roads and Traffic Authority has agreed to accept the cost of further

investigations under the Natural Disaster funding arrangements with a

view to reducing the impact upon the community in the immediate future

and resolving the matter over the longer term.

Further investigations were carried out by GHD from 19 April to 23 April

involving excavation of test pits and drilling of boreholes to determine the

extent and strength of the underlying rock. Extensive laboratory testing

and analysis of samples taken from the site will be required in order to

determine the most appropriate remedial treatment. GHD were

commissioned to report on three scenarios:

1. Determine an appropriate load limit for vehicles operating under the

current conditions (one lane with traffic light controls). Ideally the limit

would be at least 15T. This would allow immediate use by fully loaded

single rear axle dual wheel trucks as an interim measure.

2. Determine whether the section of road could operate as single lane

with signage control by creating two intermediate passing bays. The

same load limit would apply but this would allow the temporary traffic

lights to be removed to save ongoing costs.

SS - 2



3. Recommend remedial action to restore the roadway to full operation

(Note: RTA has questioned whether it will be viable to restore two way

traffic flow but this will be determined following the analysis).

At the time of writing this report the testing and analysis had not been

completed. Every endeavour will be made to obtain results before the

Council meeting, at least sufficient to implement the first scenario and

allow an increase in the load limit. The results will be tabled at the

meeting, if available.


Environmental

Nil at this stage.

Social

Increasing the load limit will allow local agricultural businesses and

trucking companies to carry goods through the cutting thus alleviating the

current disadvantage to these businesses.


The investigations and ultimate remedial works will be funded by the RTA

under the Natural Disaster Recovery funding arrangements. No Council

funds are required.

Policy or Statutory

Nil

Director's Review

The original application of the two tonne load limit was in response to the

immediate threat of failure of the cutting and not necessarily the load

bearing capacity of the underlying formation. The results of this

investigation will provide the basis for a review of the current load limit

relative to the risk and the resultant impact upon the rural community.

RECOMMENDATION:

That the information regarding review of the current load limit at

Jobes Cutting, Armidale Road, Comara, be noted.

………………………………..

Robert Scott

DIRECTOR SHIRE SERVICES

SS - 1




11 May 2010

DSS2 TELEPHONE-BASED FLOODPHONE SYSTEM

FILE: FM545 RJS {Folio No. 425359}

SUMMARY:

A report to consider the removal of Council’s telephone-based

‘Floodphone’ system.

DESCRIPTION:

Council, in 2004, established with Manly Hydraulics Laboratory (MHL) a

Telephone-based ‘Floodphone’ system with the prime purpose being to

provide near real-time river height information to the community via an

automated telephone service.

The service was intended to enable the community to access and interpret

flooding related information. It complimented other services such as SES

flood warnings, weather forecasts and local communication networks.

The Floodphone system was targeted at those who don’t have access to

the internet or who are operating remotely but have access to a

telephone. The service was intended to also reduce the volume of

telephone enquiries directly to the SES.

The advantages of the Floodphone system are:

• Real time updated flood information on demand (ie not waiting

for the next news update or needing an internet connection).

• Community members would be able to access the data most

relevant to their property, some of which is not included in the

regular news updates.

Through the recent experience with the service, Council has identified

that:

• The cost of hosting the Floodphone is expensive ($6,500 per

year, independent of use).

• The system isn’t user friendly for users without prior knowledge

of the flood monitoring system.

• It is difficult to ensure that the information is correct as users

are unable to immediately compare figures with other nearby

sites/records or observe trends.

SS - 2



• The use of internet based alternatives is increasing with over

48,000 hits to the Macleay River flood information site during

2009.

• Council has received complaints regarding the service,

particularly relating to the accuracy of information provided.

The Floodphone service is part of an overall package provided to Council

which includes data management and website hosting of the Macleay

River Flood Information site. The overall service cost Council $10,500

during 2009, with the Floodphone representing approximately $6,500 of

that cost.

The service registered a total of 187 calls during the year, of which over

20 calls were Council staff checking the system operation. This

represents a cost per call of approximately $40.

Consultation with the SES has shown support for the service with

indications that some SES members use the service to access information

whilst away from the internet and the control centre. There was, however,

concern regarding the magnitude of the ongoing costs of this service on

Council considering the limited benefits gained.

Kempsey Shire Council is the only Council that provides the Floodphone

service offered by MHL.


Environmental

Nil

Social

During flood events the provision of accurate updated information is

important to many rural and isolated members of our community. The

recommendation will reduce the options available for the transmission of

this information.


There will be a reduction of $6,500 in annual operating costs as a result of

discontinuing this service.

Policy or Statutory

Nil

Director's Review

Considering Council’s current position, it is difficult to justify continuing

this service based on the information contained in this report.

RECOMMENDATION:

That Council discontinue the use of the Floodphone service at this

time.

………………………………..

Robert Scott


SS - 1




11 May 2010

DSS3 KEMPSEY BYPASS – RELOCATION OF EXISTING

WATER SUPPLY & SEWERAGE INFRASTRUCTURE

FILE: 118A COPY:1148 RJS {Folio No. 425361}

SUMMARY:

To consider the relocation/modification of existing infrastructure affected

by the Pacific Highway Upgrade – Kempsey Bypass.

DESCRIPTION:

Council’s existing water supply and sewerage infrastructure is impacted at

several locations by the proposed alignment for the Pacific Highway

Upgrade. Currently the project is in the detailed design investigation

phase and parts of the work will be likely to proceed to construction in the

near future.

The Kempsey Bypass Alliance (KBA) has approached Council regarding the

impact on the water supply & sewerage infrastructure and Council is

currently completing construction estimates of the relocation costs. The

works are to be fully funded by the KBA as part of the overall cost of

construction.

Existing infrastructure is affected at Inches Road, Crescent Head Road,

Old Station Road, Lyall Lane, Ferry Lane and Frederickton Interchange.

The costs involved in these relocations could be as much as $1M.

In order to reach agreement with the KBA it is proposed to formally offer

to undertake the water and sewer relocations on a lump sum basis with

50% of the costs paid to Council upfront and the remaining amount paid

via progress payments.

This arrangement can also be extended to include work upon Council’s

road network, providing Council with the opportunity to complete any

necessary modifications to the local Road network as a result of the

project.


Environmental

SS - 2



In undertaking the works Council will be required to comply with the

overall environmental management plan for the bypass project.

Social

In pursuing this opportunity Council is in a good position to ensure

positive outcomes for the community in relation to the provision of

essential services. It also provides a co-operative approach towards the

completion of the project.


Council’s quotation will include all identified costs and essentially the

works will be at no cost to Council. In addition, this work will provide an

opportunity for Council to maintain current resources without having to

incur expenditure in terms of Council’s net cash position.

In terms of asset management, Council will obtain a benefit through the

replacement of existing aged assets with new modern materials.

Policy or Statutory

Council’s private works process allows for full up-front payment of a

quoted amount or payment of actual costs plus 30% upon completion of

the works. It is proposed to vary this to permit 50% upfront payment with

the remaining payment via monthly progress claims.

Director's Review

The opportunity to be involved in the modification of Council’s existing

infrastructure will provide benefits to Council in terms of the quality of

infrastructure that is received, future cash flow and a cooperative

approach towards completion of the project.

RECOMMENDATION:

1. That approval be granted to the payment of 50% of the

quoted amount upfront with the remaining amount to be paid

via monthly progress payments.

2. That the Director Shire Services be delegated authority to

issue a formal quotation for the works and authorise all

claims for payment and variations to the scope of works.

3. That Council actively pursues further involvement in the

modification/relocation of Council’s existing infrastructure as

part of this project in accordance with this report

………………………………..

Robert Scott


CCS - 1

THIS IS PAGE 1 OF THE REPORT OF THE DIRECTOR CORPORATE AND COMMUNITY SERVICES SUBMITTED TO THE ORDINARY MEETING OF THE KEMPSEY SHIRE COUNCIL HELD ON TUESDAY, 11 MAY 2010.

DIRECTOR CORPORATE AND COMMUNITY SERVICES REPORT 11 May 2010

DCCS1 STATEMENT OF BANK BALANCES AS AT 28 APRIL 2010 FILE: 1028 APC (NRN)

SUMMARY: Reporting on the statement of bank balances as at 28 April 2010. DESCRIPTION: A statement of balances is shown at (Appendix A – Page CCS1). RECOMMENDATION IMPLICATIONS: • Environmental Nil • Social Nil • Economic (Financial) Nil • Policy or Statutory Nil • Director's Review Information noted as per Report. RECOMMENDATION: That the information be noted. ……………………………….. K E Oliver DIRECTOR CORPORATE AND COMMUNITY SERVICES

CCS - 1



DCCS2 STATEMENT OF INVESTMENTS AS AT 28 APRIL 2010 FILE: 303 APC (NRN)

SUMMARY: Reporting on the statement of investments as at 28 April 2010. DESCRIPTION: The Local Government Act 1993 requires that council be notified at each ordinary meeting of details of all monies invested by Council. Attached at (Appendix B – Page CCS2) is the statement of investments. RECOMMENDATION IMPLICATIONS: • Environmental Nil • Social Nil • Economic (Financial) Council’s return on investments is in line with the 2008 / 09 budget projection. • Policy or Statutory Council investments are in accordance with the Local Government Act, regulations and Council’s policy. • Director's Review Information noted as per report. RECOMMENDATION: That the information be noted. ……………………………….. K E Oliver DIRECTOR CORPORATE AND COMMUNITY SERVICES

CCS - 1

THIS IS PAGE 1 OF THE REPORT OF THE DIRECTOR CORPORATE AND COMMUNITY SERVICES SUBMITTED TO

THE ORDINARY MEETING OF THE KEMPSEY SHIRE COUNCIL HELD ON TUESDAY, 11 MAY 2010.

DIRECTOR CORPORATE AND COMMUNITY SERVICES REPORT

11 May 2010

DCCS3 FLEET MANAGEMENT

FILE: 151 DJA (NRN) {Folio No. 425364}

SUMMARY:

Reporting on fleet purchases and disposals.

DESCRIPTION:

The following items of plant have been purchased from the month of

January 2010 to the end of March 2010.

Plant No. Description Amount (GST excl)

V2620 Toyota RAV4 Wagon $30,250.91

V2621 Nissan X-Trail Wagon $28,608.56


V2623 Toyota RAV4 Wagon $27,737.18


V2625 Subaru Forester Wagon $29,209.10

V2626 Holden Captiva Wagon $36,276.38



VW2597 Ford Ranger 4x2 Space Cab + Service Body $33,304.78

Total $305,632.21

There is currently an expression of interest for the purchase of 10 Council

vehicles for which the above replacement vehicles have been purchased.

The following items of plant have been sold / auctioned / traded from the

month of January 2010 to the end of March 2010.

Plant

No.

Description Manufact

ure Year

Km’s /

Hr’s

Condition Dispos

al

Method

Amount

(GST excl)

VW2358 VW Golf 1.9

Comfortline

Sedan

2007 133,886

km Good

Auction $14,760.00

CCS - 2



Total $14,760.00

Note: Condition ratings are Good, Fair, or Poor state.


Environmental

Nil

Social

Nil


Purchases and sales are in accordance with the adopted Business Plan.

Policy or Statutory

Nil

General Manager’s Review

Council has adopted a Business Plan which covers the changeover of

vehicles within the fleet and the suitable vehicles, using an independent

body to assess the most suitable vehicles. A review of the previous

reports shows that the vehicles are changed over in line with business

plan on a consistent basis.

Taking into account that the Council has set the Business Plan and that

decisions are following that plan, the value of regular reports on how

Council is complying with the plan is questioned.

It should also be noted that larger items of plant will come before Council,

as most items would exceed the $150,000 tender threshold.

As Council has adopted a Business Plan setting out its changeover

strategy, it is only where the staff are seeking an exception to the policy

that there is a need for Council to make a decision on the fleet

changeover.

All other changes are in line with the policy, which sets out the type and

level of vehicle as well as the change over period, and need no further

decision.

Should Council feel the need for a change in policy this should be done

through variation to the Business Plan, not a review of the individual sales

of vehicles.

RECOMMENDATION:

That only exceptions to purchasing in line with the adopted

Business Plan be reported to Council.

………………………………..

K E Oliver

DIRECTOR CORPORATE AND COMMUNITY SERVICES

CCS - 1




11 May 2010

DCCS4 GRANT APPLICATION TO EXTEND SOUTH WEST

ROCKS BRANCH LIBRARY

FILE: 99 GB {Folio No. 425366}

SUMMARY:

It is proposed to apply for grant funding to refurbish the current building

and add an extension to the South West Rocks branch of the library.

DESCRIPTION:

The current building housing the branch at South West Rocks is a

converted private dwelling which was opened as a library in 1989. The

size of the collection and usage have tripled in the intervening years and

internal walls have been removed to accommodate this extra usage. The

service operates for 22 hours per week and hosts over 2000 visitors per

month. Although the village has a considerable population of children,

there is no space in the library to hold any events for children. The

meetings of the South West Rocks Book Club, which are held in the

library, effectively stop the room where the children’s collection is housed

from being used by anyone else. The building needs considerable repairs,

and is very difficult to navigate for anyone with a wheelchair or a pram.

The proposal is to double the size of the existing library by adding an

extension to the back of the building, towards Landsborough Street. A

simple rectangular addition would considerably enhance the busy little

service. It would also provide staff amenities which currently do not exist,

as well as a public toilet which conforms to regulations.


Environmental

The building can be designed to be as sustainable as possible, with

insulation and awnings, to minimise the need for air conditioning.

Social

Social implications would be considerable, as a new facility would mean

that additional library services could be provided to the residents of South

West Rocks.

CCS - 2




The land is already owned by Council, it is proposed to fund the addition

from grants. Some expenses would be incurred in the preparation of the

application; for instance, obtaining quotes.

Policy or Statutory

This project would enhance Council’s library services to South West Rocks,

to place them on a more equal footing to what is provided at Kempsey.

Director's Review

There are limited cultural facilities available at South West Rocks. A grant

funded expansion at the library will improve facilities for residents and

visitors.

RECOMMENDATION:

That approval is given for the Shire Librarian to prepare a grant

application to the Library Council of New South Wales for an

extension to the South West Rocks branch library.

………………………………..

K E Oliver


CCS - 1




11 May 2010

DCCS5 CONFERENCES AND SEMINARS

FILE: 117 PJH (NRN) {Folio No. 425369}

SUMMARY:

Reporting on details of conferences and seminars attended by councillors

and staff for the three months January to March 2010.

DESCRIPTION:

Details of conferences and seminars attended for the period January to

March 2010 are shown below. Where costs are funded from grants or

other sources the % of cost that is funded will be shown in the cost

column.

SEMINAR / CONFERENCE

DATES LOCATION COUNCILLOR / STAFF

TOTAL COST

January 2010

Nil

February 2010

MIDGOC GIS

Seminar 2 Feb

Port

Macquarie 1 staff Nil

FBT Seminar

5 Feb Sydney 1 staff $386.40

LGSA “A” Division

Conference

9-10 Feb Grafton

Councillor

Hayes

1 staff

$742.38

FMA Meeting with

Minister

10-11 Feb Sydney Councillor

Green

$578.45 (100%funded

by FMA)

Community Safety

Seminar 15 Feb Bankstown 1 staff $496.00

Annual Floodplain

Management

Authorities

Conference

23-26 Feb Gosford Councillor

Green $1155.00

March 2010

CCS - 2



Australian Coastal

Councils Conference

2-3 Mar Byron Bay

Councillors

Hayes and

Green

$2380.00 (Clr Green’s cost $1280 funded by

FMA)

Aboriginal Regional

Conference 3-4 Mar Ballina 1 staff $294.40

Australian LG

Women’s Association

Conference

4-6 Mar Moree Councillor

Campbell

Nil

(all costs paid

by Councillor)

LGSA Tourism

Conference

10-12 Mar Cowra

Councillor

Snowsill

1 staff

$2343.50

NSW Revenue

Professionals

Conference

14-16 Mar Terrigal 2 staff $1872.00

Local Government

GIS Seminar 14-18 Mar Bathurst 1 staff $59.00

ITT Water &

Wastewater Seminar 16 Mar

Port

Macquarie 3 staff $132.00

Country Mayors

19 Mar Sydney

Councillor

Campbell

1 staff

$771.00

National Electrical &

Communications

Wiring Seminar

23 Mar Coffs

Harbour 3 staff $105.80

IPWEA Regional

Conference 24 Mar

Port


NSW State Plan

Community Seminar

25 Mar Port

Macquarie

Councillors

Gribbin,

Hayes,

Snowsill,

Sproule

$294.92

Managing Liability

Claims Seminar

29 Mar Port



Environmental

Nil

Social

Nil

Economic

Included in report.

Policy or Statutory

Nil

Director’s Review

As per report

CCS - 3



RECOMMENDATION:


………………………………..

K E Oliver


CCS - 1




11 May 2010

DCCS6 REVIEW OF CODE OF MEETING PRACTICE

FILE: 395 PJH {Folio No. 425370}

SUMMARY:

Reporting that the Code of Meeting Practice has been reviewed and a new

updated document prepared.

DESCRIPTION:

The Local Government Act provides for Council to adopt a Code of Meeting

Practice that incorporates all the requirements for the conduct of council

and committee meetings in one document.

Having a Code of Meeting Practice also allows each council to include its

own provisions provided these are not inconsistent with the Act and

Regulations, eg meeting day and time.

Since the last major review of this Council’s Code of Meeting Practice (in

2006) there have been minor additions/deletions by Council. Also the

Division of Local Government in August 2009 released its new meetings

practice note which explains in detail the provisions of the Act and

Regulations as they relate to council meetings.

The new draft Code of Meeting Practice includes all the requirements of

the Act, Regulations, and Division of Local Government Practice Note. The

format has been amended to reflect that of the Practice Note and much of

its information is included.

The draft Code of Meeting Practice has been provided to councillors as a

separate document to this agenda. Once placed on exhibition the

document will be made available to the public.

Council’s local provisions

The following amendments were those made by Council over the last 12

months and have been incorporated into the new document:

Expanded clause related to members of the community and their right

to speak in the public forum (clause 2.2.2).

Questions on notice replacing questions without notice (clause 2.4.1).

CCS - 2



Officer’s recommendations will not be recorded in the minutes where

they are not adopted as part of the resolution of the Council (clause

11.1.3).

Councillors addressing the council meeting shall have the option to

stand or remain seated to speak, after being acknowledged by the

Chair (clause 2.2.1).

Confidential papers provided to councillors in the meeting agenda

shall be returned for shredding at the end of the council meeting

(clause 7.3.2).

Inclusion of procedures for dealing with significant non-pecuniary

conflicts of interest (clause 3.2.2).

Public exhibition

Council must place its draft Code of Meeting Practice on public exhibition

for at least 28 days and allow not less than 42 days for submissions to be

made.


Environmental

Nil

Social

A Code of Meeting Practice helps the community understand the meeting

procedures. It is one of Council’s documents that must be made available

to the public.


Nil

Policy or Statutory

Sections 360-364 of the Local Government Act cover the preparation and

exhibition requirements of a draft Code of Meeting Practice.

Director's Review

As per report.

RECOMMENDATION:

That the Draft Code of Meeting Practice be placed on public

exhibition for 28 days.

………………………………..

K E Oliver


CCS - 1



DCCS7

FINANCIAL STATEMENT FOR THE PERIOD TO 31 MARCH FILE: 321 APC (NRN) {Folio No. 425371}

SUMMARY: Reporting that the Budget Review for the quarter ending 31 March 2010 as been prepared for all funds. DESCRIPTION: The Budget Review Summary is attached at (Appendix C – Page CCS3, Part 2 – Page CCS5, Part 3 – Page CCS15, Part 4 – Page CCS25). The Budget review summary incorporates a note’s section outlining major variations for the quarter. A comparison of the estimated financial result of each fund for the quarter is a follows: Fund December Budget

Review March Budget

Review March Quarter

Variances General 136,719 (D) 142,500 (D) 5,781 (D) Water 0 0 0 Sewer 0 0 0 General Fund The Budget review shows a revised deficit as at the close of the quarter of $142,500 representing an increase of $5,781. Significant variations in revenue funded items that contributed to the result in the quarter are set out below:

Surplus Variations

Increased Income: Waste depot fees 228,500 Food Premise Inspection Fees 35,000 Investment Interest 100,000 Decreased Expenditure:

CCS - 2


Salaries (Net – General Revenue Funded Only) 43,254 Street Lighting Charges 25,000 Deficit Variations Decreased Income Building Fees 63,500 Interest Charges on Rates 60,000 Cemetery Fees 30,300 Increased Expenditure: Waste Depot Operation 62,259 Waste Levy 35,000 Employment Overhead – Oncost Charges 168,800 Working funds comprise those uncommitted funds held by Council from surpluses generated in previous years. By nature, working funds are readily convertible to cash in the short term. The working funds provide Council with a buffer against the impact of significant unbudgeted financial imposts. It is considered prudent to maintain the level of working funds at $650,000. Council’s current working fund balance is set out below:. Balance 1/7/2009 $922,900 Plus: 2009 / 10 budgeted result -$142,500 Estimated Balance 30/6/2010 $780,400 Water Fund The review maintains a balanced budget with an additional transfer to the Augmentation Reserve of $60,405. The variations in revenue funded items in the quarter are set out below: Increased Income: Hydrant Replacement – Department of Health 52,600 Increased Expenditure: Water Cartage – Bellbrook and Willawarrin 50,000 Hydrant Replacement – Dept of Health 52,600 Decreased Expenditure: Treatment - Chemicals 12,000 Pumping Stations – Operations and Repairs 29,000 Working Funds The working funds balance as at 30 June 2010 is estimated to be $327,275. Sewerage Fund The review maintains a balanced budget utilising $56,281 from previous surpluses held in the Water Augmentation Reserve. The significant variations in revenue funded items in the quarter are set out below:

CCS - 3


Increased Expenditure: Treatment Plant - operation & maintenance 29,000 Electricity - Pump Stations & Treatment 40,000 Decreased Expenditure: Sewer maintenance 25,560 Oxygen Injection 14,000 Pump station operation & maintenance 23,500 Increased Income: Sewer volumetric charges 40,000 The working funds balance as at 30 June 2010 is estimated to be $708,148. RECOMMENDATION IMPLICATIONS: • Environmental Nil • Social Nil • Economic (Financial) The financial implications of the following recommendation would be:

a. An increase in the General Fund budgeted deficit in the amount of $5,781.

b. A zero variation in the Water and Sewer Fund budgeted result. • Policy or Statutory Nil • Directors Review Nil RECOMMENDATION: That the Budget Review for the period ending 31 March 2010 is adopted and the variations contained therein be approved and financed from the sources as indicated. ……………………………….. K E Oliver DIRECTOR CORPORATE AND COMMUNITY SERVICES

PAGE M - 1

THIS IS PAGE 1 OF THE QUESTIONS ON NOTICE SUBMITTED TO THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL HELD 11 MAY 2010.

QUESTIONS ON NOTICE 11 May 2010

COUNCILLOR J H BOWELL

FILE NO. LA11308

RESPONSIBLE

OFFICER

KEO

{Folio No. 425389}

Q1 When will the necessary action be taken to ensure the liquid waste disposal

area serving Stuarts Point Caravan Park meets environmental standards?

Notes:

This matter has been of considerable concern to the community of Stuarts Point

for years. It is understood a series of reports have been prepared on behalf of

Council as a result of concerns in 2001.

Council issues a licence for the operation of the caravan park with requirements

for compliance with the Local Government Regulation 2005.

RESPONSE:

kempsey shire council...may 11, 2010 · kempsey shire council civic centre cnr tozer and elbow...

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