minutes of the ordinary meeting of kempsey shire …...2016/06/21  · minutes of the ordinary...

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Kempsey Shire Council – Ordinary Meeting 21 June 2016 Page 1 MINUTES OF THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL 21 June 2016 commencing at 9.03am. PRESENT: Councillors E A Campbell (Mayor and Chairman), E A Green, S E McGinn, B J Morris, A P Patterson, D F Saul, A T Shields and A J Williams General Manager, D L Rawlings; Director Sustainable Environment, R B Pitt; Director Community Engagement, K E Oliver; Director Infrastructure Services, R J Scott; Director Corporate Management, D B Hagger; Manager Information Management and Governance, D S Thoroughgood; and Minute Taker D M Pearson. 1 OPENING PRAYER “Dear Lord, help us in our deliberations today so that our decisions will be for the greater good for the whole of Kempsey Shire - Amen”. 2 ACKNOWLEDGEMENT OF THE TRADITIONAL ABORIGINAL LAND OWNERS “Council acknowledges that this meeting is being held on the traditional lands of the Dunghutti People”. 3 APOLOGIES 2016.109 RESOLVED Moved: Cl. Patterson Seconded: Cl. Williams That the apology submitted by Councillor Kesby for non-attendance at the meeting be accepted and leave of absence granted. 4 DECLARATIONS OF INTEREST Councillor McGinn declared a non-pecuniary significant interest in item 1 for the reason that she lives on Belmore River and has lodged an objection to the DA to increase extraction rate. Mayor Campbell declared a non-pecuniary, non-significant interest in Item 4 as the Infrastructure program included in the 2016/2017 Draft Operating Plan includes rehabilitation of Union Lane and Laurels Avenue, East Kempsey, as she is a resident of this area.

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Page 1: Minutes of the ordinary meeting of Kempsey Shire …...2016/06/21  · MINUTES OF THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL 21 June 2016 commencing at 9.03am. PRESENT: Councillors

Kempsey Shire Council – Ordinary Meeting 21 June 2016 Page 1

MINUTES OF THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL 21 June 2016 commencing at 9.03am. PRESENT: Councillors E A Campbell (Mayor and Chairman), E A Green, S E McGinn, B J Morris, A P Patterson, D F Saul, A T Shields and A J Williams General Manager, D L Rawlings; Director Sustainable Environment, R B Pitt; Director Community Engagement, K E Oliver; Director Infrastructure Services, R J Scott; Director Corporate Management, D B Hagger; Manager Information Management and Governance, D S Thoroughgood; and Minute Taker D M Pearson. 1 OPENING PRAYER “Dear Lord, help us in our deliberations today so that our decisions will be for the greater good for the whole of Kempsey Shire - Amen”. 2 ACKNOWLEDGEMENT OF THE TRADITIONAL ABORIGINAL LAND OWNERS “Council acknowledges that this meeting is being held on the traditional lands of the Dunghutti People”. 3 APOLOGIES

2016.109 RESOLVED Moved: Cl. Patterson Seconded: Cl. Williams That the apology submitted by Councillor Kesby for non-attendance at the meeting be accepted and leave of absence granted. 4 DECLARATIONS OF INTEREST Councillor McGinn declared a non-pecuniary significant interest in item 1 for the reason that she lives on Belmore River and has lodged an objection to the DA to increase extraction rate. Mayor Campbell declared a non-pecuniary, non-significant interest in Item 4 as the Infrastructure program included in the 2016/2017 Draft Operating Plan includes rehabilitation of Union Lane and Laurels Avenue, East Kempsey, as she is a resident of this area.

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Kempsey Shire Council – Ordinary Meeting 21 June 2016 Page 2

5 ASSESSMENT OF ITEMS LISTED FOR CONFIDENTIAL CONSIDERATION

2016.110 RESOLVED Moved: Cl. Green Seconded: Cl. Saul That the confidential reports be considered in the confidential section of the meeting. 6 CONFIRMATION OF MINUTES

2016.111 RESOLVED Moved: Cl. Saul Seconded: Cl. McGinn That the minutes of the ordinary meeting of Kempsey Shire Council dated 17 May 2016 be confirmed. 7 CITIZENSHIP CEREMONIES

Nil 8 PUBLIC FORUM / PRESENTATIONS Presentation

Mr Bill Larkin - Council’s Ecologically Sustainable Development Officer conducted a presentation on the Rudder Park Flying Fox Camp – Issues and Management Public Forum 1 - Ms Delma Buczko addressed Council speaking in relation to a non-agenda item – update

on the Government funding for removal of bat colony. Presentation

Mr Robert Scott gave a presentation on 2016 storm surge impact on the shire coastline. Public Forum 2 - Mr Steve Rowe addressed Council speaking against Item 1 - Increase in Annual

Extraction Rate at the Existing Sand Quarry, 153 Tea Tree Lane, Belmore River

2016.112 RESOLVED Moved: Cl. McGinn Seconded: Cl. Morris That Mr Rowe be granted an extension of time to complete his presentation.

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Kempsey Shire Council – Ordinary Meeting 21 June 2016 Page 3

3 - Mr Steve Wink addressed Council speaking for Item 1 - Increase in Annual Extraction Rate at the Existing Sand Quarry, 153 Tea Tree Lane, Belmore River

At this stage 10.36am the meeting adjourned for morning tea and upon resumption at 10.56am all present at the adjournment were in attendance.

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

2016.113 RESOLVED Moved: Cl. McGinn

Seconded: Cl. Morris That the Agenda Order of Business be adopted and the late reports be considered in conjunction with the relevant Councillor or Community Strategic Plan reports. Item 16 was withdrawn at the request of Councillor Morris. 10 CONSIDERATION OF REPORTS RELATING TO PUBLIC FORUM MATTERS

2016.114 RESOLVED Moved: Cl. Patterson Seconded: Cl. Green That the report addressed in public forum not be brought forward. 11 CONSIDERATION OF REPORTS RELATING TO A CONSENSUS MOTION

2016.115 RESOLVED Moved: Cl. Patterson Seconded: Cl. Green That recommendations in items 7 – 15, and 18 - 19 be adopted.

ITEM 7 CHANGES TO PROJECT REPORTING

Contact Person: David Rawlings – General Manager File: F12/423-05

PURPOSE To improve the timeliness of reporting on Operating Plan projects.

2016.116 RESOLVED Moved: Cl. Patterson Seconded: Cl. Green 1 That Council move to a system of reporting changes to the Operating Plan through

individual reports. 2 That a six-monthly information report present the changes in a consolidated format to meet

the legislative reporting needs.

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Kempsey Shire Council – Ordinary Meeting 21 June 2016 Page 4

3 That the six-monthly report include a report on projects completed, focussing on how the project was achieved against original budget timeframes and expected outcomes.

ITEM 8 TENDER FOR SUPPLY AND DELIVERY OF UNCRUSHED GRAVEL – 2016/2017 UNSEALED ROADS PROGRAM

Contact Person: Tony Green – Manager Engineering Works File: TQE16/7

PURPOSE To consider and accept tenders for the supply and delivery of uncrushed gravel for the purpose of gravel resheeting works for the 2016/2017 Unsealed Roads Program. Works are planned on the following roads: Rainbow Reach Road, Pipers Creek Road, Spooners Avenue (three locations), Suez Road and Willi Willi Road.

2016.117 RESOLVED Moved: Cl. Patterson Seconded: Cl. Green 1 The tender of Ball’s Earthmoving Pty Ltd be accepted for the supply and delivery of

uncrushed gravel to Willi Willi Road. 2 The tender of Arnway Pty Ltd be accepted for the supply and delivery of uncrushed gravel

to Spooners Avenue (Chain O Ponds Road to Sauls Cowbails Road). 3 The tender of Pacific Blue Metal Pty Ltd be accepted for the supply and delivery of

uncrushed gravel to Pipers Creek Road, Spooners Avenue (Sauls Cowbails Road to Railway Bridge) and Spooners Avenue (Railway Bridge to Collombatti Road).

4 That no tender be accepted for supply and delivery of uncrushed gravel to Rainbow Reach

Road and Suez Road. 5 That the contract documents be executed under the seal of Council.

ITEM 9 PROPOSED RENAMING OF THE PACIFIC HIGHWAY – FREDERICKTON INTERCHANGE TO STUARTS POINT INTERCHANGE

Contact Person: Robert Scott – Director Infrastructure Services File: F12/650-05

PURPOSE To adopt a name for the former Pacific Highway between Frederickton Interchange and Stuarts Point Interchange.

2016.118 RESOLVED Moved: Cl. Patterson Seconded: Cl. Green 1 That the name ‘Macleay Valley Way’ be adopted for the section of Pacific Highway

between Frederickton Interchange and Stuarts Point Interchange. 2 That the new road extent and road name be gazetted.

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Kempsey Shire Council – Ordinary Meeting 21 June 2016 Page 5

ITEM 10 CLASSIFICATION OF LAND OCCUPIED BY THE MACLEAY VALLEY COMMUNITY CARE CENTRE

Contact Person: Robert Scott – Director Infrastructure Services File: F12/657-04, LA3883, LA14064, LA14065

PURPOSE To propose a classification of land in Yaelwood Street, Kempsey, occupied by the Macleay Valley Community Care Centre so that the land reflects its operational use.

2016.119 RESOLVED Moved: Cl. Patterson Seconded: Cl. Green That public notice be given pursuant to Section 34 of the Local Government Act to the draft resolution ‘It is intended to classify Lots 1, 2 and 3 DP1133661 (2, 4 and 6 Yaelwood Street, Kempsey) as operational land.’

ITEM 11 ACQUISITION OF LAND FOR ROAD PURPOSES – COOKS LANE, CLYBUCCA

Contact Person: Robert Scott – Director Infrastructure Services File: F12/1192, LA14548

PURPOSE To purchase land to improve the road alignment of Cooks Lane.

2016.120 RESOLVED Moved: Cl. Patterson Seconded: Cl. Green 1 That compensation in the amount of $34,500 (GST Inclusive) be paid to the owner of Lot

105 DP752409 for the acquisition of that part of Lot 105 DP752409 being Lot 1 DP1208909. 2 That the owner of Lot 105 DP752409 be paid an amount of $3,025(GST Inclusive) being

valuation fees and legal fees incurred arising from the acquisition of Lot 1 DP1208909. 3 That pursuant to Section 377 of the Local Government Act 1993, the General Manager is

delegated authority to sign: a) Contract for Sale/Deed of Acquisition b) The Land and Property Information Transfer form. 4 That Lot 1 DP1208909 be dedicated as public road.

ITEM 12 CHANGES TO COUNCIL REPORT FORMAT

Contact Person: David Rawlings – General Manager File: F12/1414

PURPOSE

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Kempsey Shire Council – Ordinary Meeting 21 June 2016 Page 6

To advise councillors of changes to the structure of the standard staff report, details of which are contained in this report.

2016.121 RESOLVED Moved: Cl. Patterson Seconded: Cl. Green That the information be noted.

ITEM 13 LOAN BORROWING PROGRAM 2015/2016 Contact Person: Tony Curtin – Manager Finance File: F12/807-04

PURPOSE Deferring Council’s loan borrowing requirements for the 2015/2016 year to reduce loan interest costs.

2016.122 RESOLVED Moved: Cl. Patterson Seconded: Cl. Green That the loans allowed for not be taken out in the 2015/2016 year and be taken out in the 2016/2017 year.

ITEM 14 STATEMENT OF CASH AND INVESTMENTS Contact Person: Tony Curtin – Manager Finance File: N/A

PURPOSE Reporting on the statement of bank balance and investments for the month of May 2016.

2016.123 RESOLVED Moved: Cl. Patterson Seconded: Cl. Green That the information be noted.

ITEM 15 DEVELOPMENT APPROVALS AND CONSTRUCTION CERTIFICATES Contact Person: Robert Pitt – Director Sustainable Environment File: N/A

PURPOSE To report that the following applications have been approved for the period of May 2016 and included approvals by Private Certifiers.

2016.124 RESOLVED Moved: Cl. Patterson Seconded: Cl. Green That the information be noted.

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Kempsey Shire Council – Ordinary Meeting 21 June 2016 Page 7

ITEM 18 KEY PERFORMANCE INDICATORS Contact Person: Kathy Oliver – Director Community Engagement File: F12/756-04

PURPOSE Reporting on the key performance indicators for the month ending 31 May 2016.

2016.125 RESOLVED Moved: Cl. Patterson Seconded: Cl. Green That the information be noted.

ITEM 19 VARIOUS LEGAL MATTERS Contact Person: Daryl Hagger– Director Corporate Management File: F12/250-05

Section 10A(2)(g) – Legal Proceedings This report is submitted on a confidential basis as it involves advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege. (Local Government Act 1993, Section 10A (2)(g)) On balance, the public interest in preserving the confidentiality of the advice outweighs the public interest in openness and transparency in Council decision making by discussing the matter in open meeting. PURPOSE Reporting on the current position regarding legal matters.

2016.126 RESOLVED Moved: Cl. Patterson Seconded: Cl. Green That the information be noted.

12 MAYORAL MINUTES Nil

13 STAFF REPORTS At this stage 11.00am Councillor McGinn declared a non-pecuniary significant interest in the following item for the reason that she lives on Belmore River and has lodged an objection to the DA to increase extraction rate and left the chamber.

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Kempsey Shire Council – Ordinary Meeting 21 June 2016 Page 8

ITEM 1 INCREASE IN ANNUAL EXTRACTION RATE AT THE EXISTING SAND QUARRY, 153 TEA TREE LANE, BELMORE RIVER

Contact Person: Robert Pitt – Director Sustainable Environment File: T6-06-85

PURPOSE Reporting that an application has been received to modify a development consent to increase the annual extraction rate at an existing quarry for a two (2) year period, for which objections have been received. Applicant: Mr J P Phillips Subject Land: Lot 1321 DP785874, 153 Tea Tree Lane, Belmore River Zone: RU1 Primary Production and E2 Environmental Conservation MOVED Moved: Cl. Saul Seconded: Cl. Morris 1 That development consent T6-06-85 (Rev 02) be modified to increase the annual

extraction rate at the existing quarry from a maximum of 20,000 cubic metres per annum to a maximum extraction of 40,000 cubic metres per annum for a maximum two (2) year period at Lot 1321 DP785874, 153 Tea Tree Lane, Belmore River subject to the conditions

contained in (Appendix A - Page 1). 2 That the objectors be advised of Council’s decision. WORKSHOP

2016.127 RESOLVED: Moved: Cl. Shields Seconded: Cl. Patterson That Council move into workshop to allow discussion in open Council on item 1 MOTION TO RESUME COUNCIL MEETING

2016.128 RESOLVED: Moved: Cl. Morris Seconded: Cl. Patterson That the formal Council meeting be resumed.

2016.129 RESOLVED Moved: Cl. Saul Seconded: Cl. Morris That item 1 be deferred until the last item of the meeting. At this stage 11.43am Councillor McGinn returned to the Chamber.

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Kempsey Shire Council – Ordinary Meeting 21 June 2016 Page 9

ITEM 2 PLANNING PROPOSAL BLAIRS LANE SOUTH KEMPSEY Contact Person: Robert Pitt– Director Sustainable Environment File: RZ-16-1

PURPOSE Reporting that a Planning Proposal has been prepared to amend Kempsey Local Environmental Plan (KLEP) 2013 to rezone land in South Kempsey from RU2 - Rural Landscape to R5 – Large Lot Residential with a minimum lot size of one (1) hectare (currently a minimum of 40 hectares applies).

2016.130 RESOLVED Moved: Cl. Shields Seconded: Cl. Williams That the Planning Proposal and associated documentation be submitted to the Minister for Planning for consideration of issuing a “gateway determination” pursuant to Section 56 of the Environmental Planning and Assessment Act 1979. A Division resulted in the following votes. F = Voted For A = Voted Against

Campbell F Green F McGinn F Morris F

Patterson F Saul F Shields F Williams F

ITEM 3 KLEP 2013 AMENDMENT – NATIONAL PARKS Contact Person: Robert Pitt– Director Sustainable Environment File: KLEP2013-AM-12 LAS 33166,

16872, 9098 and 16873

PURPOSE Reporting that the NSW National Parks and Wildlife Service has requested a Planning Proposal be prepared to amend Kempsey Local Environmental Plan 2013 (KLEP 2013) to rezone four land parcels in the Maria River Road area to E1 (National Parks and Reserves).

2016.131 RESOLVED Moved: Cl. Shields Seconded: Cl. Morris That the Draft Planning Proposal and associated documentation be submitted to the Minister for Planning for consideration of issuing a “gateway determination” pursuant to Section 56 of the Environmental Planning and Assessment Act 1979. A Division resulted in the following votes. F = Voted For A = Voted Against

Campbell F Green F McGinn F Morris F

Patterson F Saul F Shields F Williams F

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Kempsey Shire Council – Ordinary Meeting 21 June 2016 Page 10

Mayor Campbell declared a non-pecuniary, non-significant interest in the following item as the Infrastructure program included in the 2016/2017 Draft Operating Plan includes rehabilitation of Union Lane and Laurels Avenue, East Kempsey, as she is a resident of this area, the Mayor remained in the chamber.

ITEM 4 OPERATING PLAN 2016/2017 Contact Person: David Rawlings– General Manager File: F12/423-05

PURPOSE To adopt an Operating Plan for 2016/17 following public advertising. One submission was received from the Sherwood Hall Committee requesting a variation to the Fees and Charges, no other submissions were received. MOVED Moved: Cl. Patterson Seconded: Cl. McGinn 1 That the Operating Plan for 2016/17 as advertised be adopted. 2 That the Fees and Charges are amended for the Sherwood Hall as follows; Private hire half day $40.00 Private Hire Full Day $60.00 Night Hire $120.00 Two Day hire $200.00 WORKSHOP

2016.132 RESOLVED: Moved: Cl. Campbell Seconded: Cl. Williams That Council move into workshop to allow discussion in open Council on Item 4. MOTION TO RESUME COUNCIL MEETING

2016.133 RESOLVED: Moved: Cl. Patterson Seconded: Cl. Shields That the formal Council meeting be resumed.

2016.134 The MOTION was PUT to the MEETING and was CARRIED. A Division resulted in the following votes. F = Voted For A = Voted Against

Campbell F Green F McGinn F Morris F

Patterson F Saul F Shields F Williams F

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Kempsey Shire Council – Ordinary Meeting 21 June 2016 Page 11

ITEM 5 CHANGE OF MEETING DATE – AUGUST COUNCIL MEETING Contact Person: David Rawlings – General Manager File: TQE16/1

PURPOSE To allow the contract for waste collection to be awarded with sufficient time for the successful tenderer to commence from 1 July 2017. MOVED Moved: Cl. Morris Seconded: Cl. Green That the August Council meeting not be rescheduled from 16 August 2016 to 9 August 2016. The MOTION was PUT to the Meeting and was LOST.

2016.135 RESOLVED Moved: Cl. McGinn Seconded: Cl. Patterson That the August council meeting be rescheduled from 16 August 2016 to 9 August 2016. Councillors Green, Morris and Saul recorded their votes against the foregoing Motion.

ITEM 6 MEMORANDUM OF UNDERSTANDING Contact Person: Robert Pitt – Director Sustainable Environment File: F12/114-04

PURPOSE To affix the seal of Council for a Memorandum of Understanding with Australian International Aviation College.

2016.136 RESOLVED Moved: Cl. Patterson Seconded: Cl. Morris That the seal of Council be affixed to the Memorandum of Understanding document with Australian International Aviation College.

14 RESCISSION MOTIONS

Nil

15 NOTICES OF MOTION

ITEM 16 NOTICE OF MOTION - PROPOSAL FOR AN ECONOMIC REVIEW OF THE KEMPSEY SHIRE COUNCIL AREA

REPORT SUMMARY

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Kempsey Shire Council – Ordinary Meeting 21 June 2016 Page 12

The time to be visionary and pursue a stronger, more prosperous future for Kempsey is now. Are we as a Council and as a community doing enough to drive real sustainable growth and business opportunity? This growth is needed to retain the younger generations in our region and to grow our population. A larger population will bring considerably more business opportunities and community services. This will only happen if all opportunities for growth are examined and actioned appropriately. Innovation funds are currently available from the Federal Government which may be able to be accessed to undertake a comprehensive economic evaluation of the Macleay Valley. 1. That Council collaborates with interested community business organisations and

appropriate government agencies to pursue funding through the Australian Government’s Department of Industry, Innovation and Science to review economic development potential and opportunities within the Kempsey Local Government area.

2. That Council lobbies the local Federal and State Members and appropriate Ministers for

support to undertake an economic review of the Kempsey Shire Council area. This MOTION was WITHDRAWN at the request of Councillor Morris.

2016.137 RESOLVED Moved: Cl. Campbell Seconded: Cl. Shields 1. That Council collaborates with interested community business organisations and

appropriate government agencies to pursue funding opportunities, including through the Australian Government’s Department of Industry, Innovation and Science to review economic development potential and opportunities within the Kempsey Local Government area.

2. That the development of a comprehensive revised Economic Development Strategy be

recommended as a key action for inclusion in the 2017/2021 Delivery Plan to the incoming Council following the Council elections in September 2016.

The Mayor noted that the forgoing resolution was passed UNANIMOUSLY.

ITEM 21 MAKING THE RATES AND CHARGES FOR 2016-2017 Contact Person: Tony Curtin– Finance Manager File: F12/423-05

PURPOSE To make Council’s Rates and Charges for 2016/17.

2016.138 RESOLVED Moved: Cl. Patterson Seconded: Cl. Williams That whereas Council has given public notice of its Draft Operational Plan for the year

2016/2017 it is now resolved: a That in accordance with Section 494 of the Local Government Act 1993 Council makes

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Kempsey Shire Council – Ordinary Meeting 21 June 2016 Page 13

the Base Amount plus Ad valorem amount of the ordinary rate as set out hereunder for the various categories of all rateable land in the area for the year commencing 1 July 2016:

Category Base amount % Plus Ad valorem $ Section 500 LG Act Cents in $

Farmland 580.00 29.71 0.4880 Residential 550.00 49.59 0.4410 Business - Other 580.00 24.40 0.9230 Business – Kempsey 580.00 17.86 1.1190

CBD b That in accordance with Section 496 of the Local Government Act 1993 Council makes

the following annual charges for the Domestic Waste Management Service for the year commencing 1 July 2016:

Category Charge per Annum

Weekly (defined urban area) $422.00 Weekly (no green waste) $318.00 Weekly (multi residential sites – defined urban area) $280.00 Vacant Lands – Urban $ 42.00

c That in accordance with Section 501 of the Local Government Act 1993 Council makes

the following Commercial Waste Service charge for the year commencing 1 July 2016:

Per single weekly service (240 Litre Sulo) $326.00 Per single fortnightly service (recycling) $92.00

d That the Domestic Waste Management Service and the Commercial Waste Service

charges be based on the number of separate occupancies or domiciles (whether actually occupied of not) contained within each rateable property for which the service is available.

e That in accordance with Sections 501 and 502 of the Local Government Act 1993

Council makes the following annual water access charges for the year commencing the 1 July 2016:

A charge per meter of:-

Meter Size (mm) Access Charge ($)

Vacant 281.00

20 281.00 25 434.00 32 706.00 40 1,099.00 50 1,713.00 80 4,369.00

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Kempsey Shire Council – Ordinary Meeting 21 June 2016 Page 14

100 6,822.00 150 15,339.00 200 27,685.00 Fire Service 765.00

f That in accordance with Section 501 of the Local Government Act 1993 Council makes

the following annual sewerage access charges for the year commencing the 1 July 2016:

i Access Charge

Residential – Sewerage Base Charge Connected Properties (Per annum) $914.00

Residential – Sewerage Base Charge Unconnected Properties (Per annum) $578.00

Non-Residential (per connection size) Water Meter Size (mm) Access Charge ($)

Vacant 578.00

20 845.00 25 1,327.00 32 1,947.00 40 3,010.00 50 4,760.00 80 12,209.00 100 19,045.00 150 45,353.00

ii Section 501 Charge

Flats (per unit per annum) $914.00 Holiday Flats (per unit per annum) $914.00

g That in accordance with Section 501 of the Local Government Act 1993 Council makes the following Onsite Sewerage Management System – Annual approval fee for the year commencing 1 July 2016:

Single dwelling $ 70.00 per onsite system Small commercial systems $ 120.00 per onsite system Large commercial systems $250.00 per onsite system

5 That in accordance with provisions of Section 566 of the Local Government Act 1993 Council

resolves that the maximum allowable interest rate of 8% be applied to all outstanding rates and charges for the year commencing 1 July 2016

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16 DELEGATES REPORT

Nil

17 COMMITTEE REPORTS

ITEM 17 LOCAL TRAFFIC COMMITTEE MEETING HELD ON 7 JUNE 2016 Contact Person: Robert Scott – Director Infrastructure Services File: F12/1073-04

PURPOSE For Council to adopt the minutes of the Local Traffic Committee meeting 7 June 2016

2016.139 RESOLVED Moved: Cl. Patterson Seconded: Cl. Saul That dot point 4.10 be referred back to the Traffic Committee for further consideration and the remaining recommendations of the meeting 7 June 2016 be adopted. 18 DELIVERY PROGRAM PERFORMANCE INDICATORS 19 COUNCILLOR QUESTIONS

2016-6-21

RBP HD-04-03 COUNCILLOR D F SAUL FILE: F12/227-05 QFNM1 Is a DA necessary - should the Clybucca service station be changed to a service and repair centre?

2016-6-21

RJS WD-05-03 COUNCILLOR A P PATTERSON FILE: F12/227-05 QFNM1 What is happening to the road pavement on the corner of South West Rocks Road and Old Station Road – can we have a report?

2016-6-21

RJS WD-05-03 COUNCILLOR E A GREEN FILE: F12/227-05 QFNM1 Could a speed review of heavy truck movements on Belmore River Road be conducted and also investigate changing the speed signs?

2016-6-21

KEO SAD-02-01 COUNCILLOR A T SHIELDS FILE: F12/227-05

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QFNM1 Has Council asked the Rural Fire Service to assess the fire hazard risk of the tropical bamboo on the eastern side of the river?

2016-6-21

RJS WD-05-03 COUNCILLOR B J MORRIS FILE: F12/227-05 QFNM1 It is understood that Council is in negotiations concerning the damaged kerb at the roundabouts at South Kempsey interchange, given that Council is responsible for the maintenance of the landscaped areas can something be done to improve the appearance of the central landscaped areas on both the roundabouts as they current present a poor first impression of Kempsey?

2016-6-21

DLR WD-03-02 COUNCILLOR B J MORRIS FILE: F12/227-05 QFNM2 The General Manager made mention of 159 extra positions in agriculture in the GM's comments to Item 16 – can Council please be provided with details of where they have been realised?

2016-6-21

DLR CAD-01-03 COUNCILLOR B J MORRIS FILE: F12/227-05 QFNM3 The General Manager's comments to Item 16 indicated that he didn’t progress the resolution of Council concerning a transport hub which was resolved at the meeting of 16 February 2016. What legislation or Council policy or procedure permits the General Manager to not progress a resolution of Council without referring the matter back to Council, or even notifying Council of the decision?

2016-6-21

RJS HD-06-03 COUNCILLOR B J MORRIS FILE: F12/227-05 QFNM4 Councils Operating Plan includes an action to "Investigate the construction of a wastewater collection and treatment system for Stuarts Point." The six monthly update report presented to the Council Meeting of 16 February 2016 indicated a completed date of February 2016. What is the current status of this report, and when will it be made available to Council and the community?

2016-6-21

KEO CAD-01-01 COUNCILLOR B J MORRIS FILE: F12/227-05 QFNM5 As part of the Special Rate Variation it was indicated that there would be graphical representation of the extra roadworks that have been completed as a result of the special rate variation when will this be implemented?

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Kempsey Shire Council – Ordinary Meeting 21 June 2016 Page 17

20 CONFIDENTIAL ITEMS At this stage 12.40pm the meeting adjourned for luncheon and upon resumption at 2.03pm all present at the adjournment were in attendance with the exception of Councillor McGinn. The following item was deferred from earlier in the meeting.

ITEM 1 INCREASE IN ANNUAL EXTRACTION RATE AT THE EXISTING SAND QUARRY, 153 TEA TREE LANE, BELMORE RIVER

Contact Person: Robert Pitt – Director Sustainable Environment File: T6-06-85

PURPOSE Reporting that an application has been received to modify a development consent to increase the annual extraction rate at an existing quarry for a two (2) year period, for which objections have been received. Applicant: Mr J P Phillips Subject Land: Lot 1321 DP785874, 153 Tea Tree Lane, Belmore River Zone: RU1 Primary Production and E2 Environmental Conservation WORKSHOP

2016.140 RESOLVED: Moved: Cl. Patterson Seconded: Cl. Shields That Council move into workshop to allow discussion in open Council on item 1. MOTION TO RESUME COUNCIL MEETING

2016.141 RESOLVED: Moved: Cl. Patterson Seconded: Cl. Shields That the formal Council meeting be resumed.

2016.142 RESOLVED Moved: Cl. Saul Seconded: Cl. Morris 1 That development consent T6-06-85 (Rev 02) be modified to increase the annual extraction

rate at the existing quarry from a maximum of 20,000 cubic metres per annum to a maximum extraction of 40,000 cubic metres per annum for a maximum two (2) year period at Lot 1321 DP785874, 153 Tea Tree Lane, Belmore River subject to the conditions contained

in (Appendix A - Page 1) with the addition of;

10 b Loaded truck movements be limited to a minimum of 15 minute intervals for

departure, except as otherwise limited by other conditions of consent. 2 That the objectors be advised of Council’s decision notified of the conditions of consent and

also the hotline.

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

Campbell F Green F McGinn F Morris F

Patterson F Saul F Shields F Williams F

2016.143 RESOLVED Moved: Cl. Green

Seconded: Cl. Williams That the MOTION be PUT. 21 CONCLUSION There being no further business, the meeting terminated at 2.28pm.