minutes of the ordinary meeting of kempsey shire council ... · 20/05/2014 · this is page 1 of...

This is page 1 of the full text minutes of the Kempsey Shire Council ordinary meeting held Tuesday 20 May 2014.

MINUTES OF THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL 20 May 2014 commencing at 9.01am. PRESENT: Councillors E A Campbell (Mayor and Chairman), E A Green, L L Kesby, S E McGinn, 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

2014.91 RESOLVED: Moved: Cl. Green Seconded: Cl. Saul That the apology submitted by Councillor Morris for non-attendance at the meeting be accepted and leave of absence granted.

4 DECLARATIONS OF INTEREST Nil

5 ASSESSMENT OF ITEMS LISTED FOR CONFIDENTIAL CONSIDERATION


2014.92 RESOLVED: Moved: Cl. Green Seconded: Cl. McGinn That the confidential reports be considered in the confidential section of the meeting.

6 CONFIRMATION OF MINUTES

2014.93 RESOLVED: Moved: Cl. Shields Seconded: Cl. Kesby That the minutes of the ordinary meeting of Kempsey Shire Council dated 15 April 2014 be confirmed.

7 CITIZENSHIP CEREMONIES Nil

8 PUBLIC FORUM / PRESENTATIONS Public Forum Mr Mark Walker addressed Council in relation to a non-agenda item quarry at Dondingalong.

9 CONSIDERATION OF MOTIONS FOR CHANGES TO THE ORDER OF BUSINESS

2014.94 RESOLVED: Moved: Cl. Green Seconded: Cl. Patterson That the Agenda Order of Business be adopted and the supplementary be dealt with in conjunction with directors reports.

10 CONSIDERATION OF REPORTS RELATING TO PUBLIC FORUM MATTERS Nil

11 CONSIDERATION OF REPORTS RELATING TO A CONSENSUS MOTION


2014.95 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Shields That the recommendations in item 5 to item 17 be adopted.

ITEM 5 RE-ESTABLISHMENT OF ALCOHOL FREE ZONES WITHIN THE KEMPSEY SHIRE

Delivery Program Activity: (SAD-07-01) Undertake activities to reduce Alcohol related issues

Reporting Officer: Director Community Engagement

Effect of Recommendation on Budget: Nil

File: F12/496-03

REPORT SUMMARY Reporting on the option to renew Alcohol Free Zones within the Kempsey Shire.

2014.96 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Shields That the re-establishment of Alcohol Free Zones throughout the Kempsey Shire commences. COMMENTARY In November 2008 Council approved the establishment of nine (9) Alcohol Free Zones (AFZ), those being: • Crescent Head • Greenhills • Hat Head (Special Events) • Kempsey CBD • Smithtown • South Kempsey • South West Rocks • West Kempsey • West Kempsey CBD These zones are due to progressively expire from the end of June 2015. The Local Government Ministerial Guidelines set out the procedures Council must comply with to establish these zones including a resolution of Council to commence the re-establishment of the zones.


What is an Alcohol Free Zone? An AFZ is an area that has been established by a Council in New South Wales where drinking alcohol is prohibited. The principal objective of an AFZ is to prevent disorderly behaviour caused by the consumption of alcohol in public areas in order to improve public safety. AFZ are public places such as roads, car parks and footpaths. The re-establishment of an AFZ requires public notification of the areas proposed, liaison with police and key stakeholders, and consultation with the NSW Anti-Discrimination Board.

ITEM 6 QUARTERLY BUDGET REVIEW TO 31 MARCH 2014

Delivery Program Activity: (CAD-02-02) Financial management

Reporting Officer: Manager Finance

Effect of Recommendation on Budget: $4,506 Surplus

File: F12/644-03

REPORT SUMMARY Reporting that the Budget Review for the quarter ending 31 March 2014 has been prepared for all funds.

2014.97 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Shields That the Budget Review for the period ending 31 March 2014 is adopted and the variations contained therein are approved. COMMENTARY The Budget Review has been prepared for the quarter to 31 March 2014. The following documents are presented for Council’s information at (Appendix I - 8): Report by the Responsible Accounting Officer that the quarterly budget review statement

indicates that Council’s projected financial position will be satisfactory at year end. Budget Review Income and Expenses Statement which includes reference to a notes section

detailing significant budget variances. Budget Review Capital Budget.

Budget Review Cash and Investment Position.

Budget Review Key Performance Indicators (KPI). KPIs incorporated within the annual Financial

Statements have been included within Council’s Budget Review documentation. Contracts Statement detailing any contracts entered into within the quarter.

http://www.kempsey.nsw.gov.au/council/meetings/2014/2014-05-20/index.html


In preparing the budget review every effort has been made to maintain the underlining budgeted cash result which was adopted by Council in the 2013/2014 Operational Plan. BUDGET SUMMARY A comparison of the estimated financial result of each fund for the quarter is as follows:

Fund December Budget Review

March Budget Review

Variation

General Nil $4,506 (S) $4,506 (S) Water Nil $0 $0 Sewer Nil $0 $0

General Fund The Budget Review reveals a surplus result of $4,506. The significant variations during the quarter are:

Increased Income:

Community Service Grants (MCCO) $65,512 (offset by increased Program Costs)

Road Contributions THEISS $76,800

Road Contributions Section 94 $126,000

Landfill Fees $574,600

Grant & Section 94 Income Point Briner Footpath $163,900 (offset by Project Cost)

Tourist Park Income $111,807 (offset in part by an increase in operational/maintenance costs of $52,920 with the balance transferred to reserve)

Decreased Income:

Investment Income $180,000 ( offset in part by a $30,000 reduction in interest payable on developer contributions)

Increased Expenditure:

Collombatti & Seven Hills Road Rehabilitation

Landfill – Operation Costs

$176,800

$127,852

Landfill – EPA Levy $379,000

Landfill – Reserve $150,000

Employee Entitlements $150,000 (funded from ELE Reserve)

Decreased Expenditure:

Salaries $241,768


In addition to the above the following works have been rescheduled to the 2014/15 year and the budget adjusted accordingly: CCTV Project $60,000 Revenue funded and $60,000 transferred to Reserve. Airport Project $2,000,000 Grant Funded General Fund – Accumulated Surplus (Working Funds) 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. Council’s current working fund balance is:

Balance as at 1/7/2013 $866,431

2013/2014 Budgeted Surplus $4,506

Balance 30 June 2014 $870,937 Water Fund The review reveals the budget remains in balance. The significant variations during the quarter are: Increased Income: Water Usage $180,000 Increased Expenditure: Belgrave Falls Underboring $73,905 Clybucca Reservoir Power Upgrade $56,000 The accumulated fund surplus as at 30 June 2014 is estimated to be $578,188. Sewerage Fund The budget remains in balance. Capital works at the West Kempsey Treatment works totalling $5,000,000 (funded from loans) have been rescheduled with the changes incorporated in Council’s 2014/15 Operational Plan and Delivery Program. The accumulated fund surplus as at 30 June 2014 is estimated to be $843,291.


ITEM 7 2013/2014 LOAN BORROWING PROGRAM

Delivery Program Activity: (CAD-02-02) Financial Management



File: F12/807-02

REPORT SUMMARY Reporting on Council’s loan borrowings program for the 2013/2014 year.

2014.98 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Shields 1 That the offer of loans from the institutions providing the most advantageous outcome to

Council be accepted. 2 That the seal of Council is affixed to the necessary loan documents. COMMENTARY The Local Government Act requires that the borrowing of monies is a function that Council must determine and cannot delegate. Loan borrowings are required to be finalised by the 30 June. The Department of Local Government has approved that Council may borrow $17,920,000 in the 2013/2014 year as follows:

General Fund $ 5,600,000 Water Fund $ 2,710,000 Sewer Fund $ 9,610,000

General Fund Loan Program The loan borrowing of $5,600,000 is required to support Council’s approval under the NSW Governments Local Infrastructure Renewal Scheme (LIRS) for works in accordance with the Kempsey Corridor Master Plan. Under the LIRS Council will receive a subsidy equivalent to 3% of the interest rate on the loan. The LIRS agreement provides that the Loan must be for a maximum term of ten years and must not extend past the 30 June 2025. In light of the LIRS conditions and current low interest rates, it is considered prudent to draw down the loan prior to the 30 June 2014. Sewer Fund Loan Program Whilst Council’s budget provided for a borrowing of $9,610,000, the rescheduling of works particularly in relation to the West Kempsey Treatment Plant augmentation in the sum of $5,000,000 and progress in relation to other capital works require Council to borrow $2,000,000 in the current year to satisfy cash flow needs.


The loan borrowing provides funding for:- West Kempsey Sewerage Treatment Plant – Augmentation $ 856,000 Renewal Program – Pump Stations $ 729,000 SCADA System Upgrade $ 415,000 $2,000,000 Water Fund Loan Program The loan borrowing program has been amended in line with cash flow projections, borrowings provides funding for: Renewal Program – Mains, Reservoirs $ 885,700 SCADA System/Instrumentation/Communication Upgrade $ 462,300 Studies $ 102,000 Steuart McIntyre Dam – Disinfection $ 100,000 Water Treatment Facilities $ 450,000 $2,000,000 Loan Quotations Requests Council approached major lending authorities requesting quotes in respect of the above borrowing. Council enquiries in previous years have indicated that the major banks provide the optimum borrowing rates to Local Government. The advantage that the banking institutions enjoy is attributed to the size of their portfolios, the lower risk ratio applicable to local government borrowings, and the regulatory capital adequacy requirement’s applicable to these institutions which make lending to local government attractive to the banks. Council requested the following quotations: - based on quarterly principal and interest installments and a nominated draw down date of the 29 May 2014. General Fund 10 Year fixed term Sewer and Water Fund 20 Year fixed term 5 year fixed rate based on a 20 year term The decision to borrow either on the fixed term or renewal basis is dependent upon Council’s aversion to risk associated with future interest rate variation. The determination is a subjective one based upon the differential in the cost of borrowings under the fixed and renewal terms and the assessed potential variations in market borrowing rates. Due to the volatility in credit markets and the lending policies of the financial institutions the rates provided to Council by the financial institutions are indicative only. Updated quotations will be available to Council at its meeting to enable determination of the successful lender.


Quotations Received The following quotes have been received at the time of preparing this report. Commonwealth Bank – (Indicative Rates 8 May 2014) General Fund Loan $5,600,000

Term: 10 years, quarterly repayment Rate: 6.07%

Sewer & Water Fund Loans $2,000,000 each

Term 20 Year fixed - not quoted

Term: 20 years, (5 year renewal) quarterly repayment Rate: 5.03%

National Australia Bank (Date 29 May 2014) General Fund Loan $5,600,000



Term: 20 years, quarterly repayment Rate: 6.30% Term: 20 years (5 year renewal), quarterly repayment Rate: 4.76%

Australia and New Zealand Banking Group Limited (Indicative Rates 29 May 2014) General Fund Loan $5,600,000



Term: 20 years, quarterly repayment – not quoted

Term: 20 years (5 year renewal), quarterly repayment Rate: 4.92%

Westpac Banking Corporation (Indicative Rates 8 May 2014)


General Fund Loan $5,600,000



Term: 20 years, quarterly repayment Rate: 6.29% Term: 20 years (5 year renewal), quarterly repayment Rate: 5.18%

Assessment The rates quoted are within the parameters used in framing Council’s 2013/2014 budget and long term financial plan. In light of the current low interest rates applicable to borrowing it is recommended that the Water and Sewer loans are fixed over the 20 year terms and the General Fund on the 10 Year term.

ITEM 8 2013/2014 LOAN RESTRUCTURE




File: F12/807-02

REPORT SUMMARY Reporting on the review of loans currently held with the National Australia Bank.

2014.99 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Shields 1 That the loans identified within the report be restructured with the National Australia Bank

subject to the realisation of cost savings approximate to those indicated within the report. 2 That the seal of Council is affixed to the necessary loan documents. COMMENTARY Council has undertaken a review of its current loan portfolio with the National Australia Bank (NAB) with a view to capitalise on the current low interest rates available within the market. The review was based on the following premise: Achievement of savings in repayments.


Restructure must be able to be accommodated within Council’s Long Term Financial Plan

(LTFP). As at 30 June 2013 Council loan liability was $47,813,000 made up as follows: Fund Liability Weighted Interest Rate General Fund $10,975,000 6.31% Water Fund $20,029,000 6.84% Sewer Fund $16,809,000 6.41% $47,813,000 A breakdown of the liability reveals the majority of Council’s loans are with the National Australia Bank. Institution Liability Weighted Interest Rate National Australia Bank $36,487,000 6.79% Westpac $ 9,310,000 6.11% Other $ 2,016,000 Council’s General Fund loans have all been borrowed on a maximum ten year term, the relative short term duration of the loan portfolio is reflected in the lower weighted interest rate applying to the fund and the resultant rapid reduction in indebtedness within the General Fund which will reduce to $1,690,000 (excluding the proposed LIRS Loan which is subject to a separate report within the Council Agenda) by 30 June 2017. Based upon these factors it was considered that no significant benefit would arise in a review of the General Funds loans. The review focused on the loans within the Water and Sewer Fund where the potential to achieve savings was deemed as being favourable having regard to the duration of the loans and the interest rates applying to those loans. Council approached the National Australia Bank requesting details of the economic costs i.e. compensation payable to the bank in any re-negotiation of terms, together with the indicative interest rates to be applied in refinancing the loans. The information provided by NAB was analysed and a number of loans were identified as having a potential to deliver cost savings to Council under a restructure proposal, in the case of the Water Fund loans the analysis indicated that the consolidation of loans and a shortening of the term to fifteen years coupled with a predicted lower interest rates would provide the best outcome to Council. In April 2014 the NAB was requested to provide a quotation for the restructuring of those loans with an effective date of 29 May 2014, the NAB has presented two options for Council’s consideration:- Option 1 Embed the break cost within the interest rate Option 2 Break costs paid by Council. The quotes are provided on an indicative basis only, the volatility in credit markets and the lending policies of the financial institutions mean that rates must in general be accepted on the day of offer. It is not anticipated that there will be any marked variation in rates which will impact the recommendations proposed within the report.


Water Fund The following loans were identified to be consolidated and restructured based on a fifteen year term:

Loan No. Current Balance

Years to maturity

Current interest

Rate

Economic Cost

Option 1 Option 2

777 $2,269,000 16 6.97% $ 66,306 6.23% 5.75% 778 $2,334,000 17 7.03% $124,237 6.23% 5.75% 779 $ 952,000 18 6.11% $ 4.405 6.23% 5.75%

$5,555,000 $186,138 Loans 777 and 778 are currently subject to renewal on the 17/6/2015 and 24/6/2016 respectively, i.e. they were initially borrowed based on a 5 year fixed interest rate on a 20 year term. In formulating Councils Long Term Financial Plan (LTFP) the current interest rate applying to these loans has been used over the term of the loans. For the purpose of comparison a revised repayment schedule based on the renewal of Loans 777 and 778 at the respective renewal dates in 2015 and 2016 at a rate of 5.75% was developed and is referenced as LTFP(V2). A comparison of the cost of repaying the loans is set out below: Current Repayments LTFP(V2) Option 1 Option 2 Per LTFP $9,321,322 $8,881,750 $8,609,009 $8,514,366 Option 2 after providing for the upfront payment of $186,138 in break costs provides a $95,000 saving over the Option 1 proposal. When comparing the savings under both options, even allowing for a possible continuation of the favourable low interest rate environment to June 2016 (this is not considered likely) net savings in loan repayments equate to $272,000 to $367,000 under the respective restructure options. In the case of the water loans Option 2 is recommended for the following reasons: Loan repayment savings are maximised. Annual loan repayments are less than factored into Council’s LTFP. The three loans subject to the restructure have instalments totalling $136,634 falling due in

June; these repayments will not be required in the current financial year thus allowing these funds to be used to offset the economic costs. The balance of the economic cost of $49,504 is able to be financed from the accumulated cash surplus in the Water Fund.

Sewer Fund Two loans were identified as having a potential to provide a saving, due to the variance in loan duration the option to consolidate was not pursued:


Loan No. Current Balance

Years to maturity

Current interest

Rate

Economic Cost

Option 1 Option 2

1032 $ 992,000 8 7.088% $ 41,254 5.89% 4.85% 1037 $3,093,000 14 7.533% $279,032 7.03% 5.71%

$320,286 A comparison of the cost of repaying the loans is set out below:

Loan No. Current Repayments Per LTFP Option 1 Option 2 1032 $1,275,339 $1,251,156 $1,244,041 1037 $4,970,240 $4,885,822 $4,792,178

The break costs associated with the two loans have a greater impact on the level of savings achievable under the restructure in the Sewer Fund when compared to the Water Fund outcomes. Council’s ability to fund additional loan costs in the short term is limited under the Sewer Funds LTFP due to the capital commitments contained within the plan over the next five years. The following action is recommended in respect of the Sewer Fund loans: Loan 1032 restructure under option 2 with the economic cost of $41,254 offset by a saving in

the June 2014 loan repayment of $39,916. Loan 1037 restructure under option 1, i.e. embed the break cost at the indicative rate of

7.03%.

The above will result in a saving in loan repayments of $115,715 over the remaining terms of the loans and in turn having a positive impact on the LTFP projections.

ITEM 9 2013/2014 LOAN RENEWALS




File: F12/807-02

REPORT SUMMARY Reporting on the renewal of Loans with the National Australia Bank.

2014.100 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Shields 1 That the General and Water Fund loans be renewed on a five year term and the Sewer Fund

loan on a fifteen year term in accordance with the offer of renewal from the National Australia Bank.

2 That the seal of Council is affixed to the necessary loan documents.


COMMENTARY Council entered into the following Loans with the National Australia Bank on the 29 May 2009: General Fund $ 2,650,000 6.081% 5 year fixed/10 year term Water Fund $ 900,000 6.081% 5 year fixed/10 year term Sewer Fund $ 9,200,000 5.981% 5 year fixed/20 year term The loans are required to be renewed on the 29 May 2014, the National Australia Bank have provided the following indicative rates to apply to the loans: General Fund Loan 398 $ 1,523,000 4.45% 5 year fixed Water Fund Loan 776 $ 517,000 4.45% 5 year fixed Sewer Fund Loan 1038 $7,721,000 5.75% 15 year fixed 4.73% 5 year fixed on 15 year term The National Australia Bank will provide an update for the Council meeting however any significant variation to the indicative rates is not anticipated. In respect of the Sewer Fund renewal, it is recommended that in light of the favourable rates available at this time Council renews the rate at the fifteen year fixed term. The fixing of the rate will minimise Council’s interest rate risk exposure whilst assisting in providing long term budgetary stability within the Sewer Fund.

ITEM 10 CODE OF MEETING PRACTICE

Delivery Program Activity: (CAD-01-03) Governance

Reporting Officer: Manager Information & Governance


File: F12/922-02

REPORT SUMMARY Reporting that the Code of Meeting Practice (Procedure 5.1.4) has been placed on public exhibition for 28 days

2014.101 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Shields That the Code of Meeting Practice be adopted. COMMENTARY The Code of Meeting Practice provides for the convening and conduct of meetings of Kempsey Shire Council and of Committees of Council in accordance with provisions of the Local Government Act 1993 and Local Government (General) Regulation 2005.


At its meeting of 18 March 2014 Council resolved that a variation to the code of meeting practice be placed on public exhibition that when a public forum speaker is granted an extension of time it is limited to three minute blocks. The draft Code of Meeting Practice was advertised for 28 days with the exhibition period closing on Monday 5 May 2014. No submissions were received.

A copy of the Code of Meeting Practice is attached at (Appendix J – Page 62).

ITEM 11 CODE OF CONDUCT


Reporting Officer: Director Corporate Management


File: F12/400-03

REPORT SUMMARY The Code of Conduct has been amended to include actions to be undertaken regarding the receipt of prizes.

2014.102 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Shields That the Code of Conduct be adopted. COMMENTARY

A copy of 5.1.1 – Code of Conduct is attached at (Appendix K – Page 109). Section 5.8 of the Code of Conduct has been added to include required action to be taken following the receipt of prizes by employees whilst undertaking work activities. In addition to clarify the definition of ‘token’ gifts and benefits Section 5.3 of the Code of Conduct has been amended to define gifts and benefits are token where their value does not exceed $50.

ITEM 12 STATEMENT OF CASH AND INVESTMENTS




File: N/A




REPORT SUMMARY Reporting on the statement of bank balances and investments.

2014.103 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Shields That the information be noted. COMMENTARY The Local Government Act 1993 requires that Council be notified at each ordinary meeting of details of all monies invested by Council.

A statement of balances is shown in (Appendix L – Page 125).

The statement of investments is shown in (Appendix M – Page 126).

ITEM 13 MAYOR AND COUNCILLOR ACTIVITIES Delivery Program Activity: (CAD-01-03) Governance

Reporting Officer: Manager Information Management & Governance


File: F12/253-03

REPORT SUMMARY Reporting on the activities of the Mayor and Councillors for the month of April 2014.

2014.104 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Shields That the information be noted. COMMENTARY

Mayor

Date Event

2 April 2014 Official Opening of Intensive Learning Centre at the Mid North Coast Correctional Centre by the Hon. Greg Smith SC MP Attorney General & Minister for Justice (Correction Centre, Aldavilla)

3 Grand Opening and Recognition Ceremony of the Macleay Valley Trade Training Centre Inc. (Macleay Vocational College)

5 ‘Vocalise’ Youth Week Event and Awards (Riverside Park)

9 Youth Homelessness Matters Day 2014 – Officially launched ‘In My Time’ video




Mayor

Date Event

with the young people (Kempsey Neighbourhood Centre)

11 Macleay Options Inc. “Sod Turning” Ceremony for Proposed Independent Living House – Lots 61-63 Rudder Street, East Kempsey

15 Ordinary Council Meeting

16 Afternoon Tea with Hon. Michael Keenan MP, Minister for Justice (State Emergency Service Headquarters)

25 ANZAC Day Ceremonies at East Kempsey Cenotaph and Crescent Head Cenotaph

28 Citizenship Ceremony at the Civic Centre

Councillors

Date Event Councillor

9 April 2014 Waterwise Refresher Accreditation (Gladstone Public School)

Shields

9 ANZAC Commemoration (Kempsey High School) Kesby, Saul

14 Official Launch of Bruce Cain’s book “The History of the Catholic Church in the Macleay Valley”

Kesby

15 Ordinary Council Meeting All Councillors

25 ANZAC Day Ceremonies:

East Kempsey Cemetery, Bellbrook Green

West Kempsey Cemetery, Stuarts Point Cenotaph Williams

South West Rocks Cenotaph Saul, Shields

Frederickton Cenotaph, Gladstone Cenotaph Saul

Hat Head Cenotaph Morris

ITEM 14 DEVELOPMENT APPROVALS AND CONSTRUCTION CERTIFICATES

Delivery Program Activity: (HD-05-01) Ensure development undertaken to safe and reasonable standard

Reporting Officer: Director Sustainable Environment


File: 329

REPORT SUMMARY Reporting that the following applications have been approved for the period of April 2014 and includes approvals by Private Certifiers.

2014.105 RESOLVED: Moved: Cl. McGinn

Seconded: Cl. Shields That the information be noted.


REPORT DETAILS Council Report on Local Development Applications 2013/LD-00314 Lot 80 DP1160308 497 PACIFIC HIGHWAY SOUTH KEMPSEY ADVERTISING SIGN - FREESTANDING Applicant: OOH MEDIA PTY LTD 2013/LD-00370 Lot 114 , Lot 117, Lot 118, Lot 119, Lot 120 DP754441 ILLA LANGI ROAD CRESCENT HEAD CONTINUED USE OF EXISTING BUILDING AS A DWELLING AND CONTAINER (SITE 29) Applicant: MR D LAUNT 2013/LD-00401 Lot 114 , Lot 117, Lot 118, Lot 119, Lot 120 DP754441 ILLA LANGI ROAD CRESCENT HEAD DWELLING & CONTINUED USE OF EXISTING STRUCTURES (SITE 2) Applicant: MR M CLANCY 2013/LD-00407 Lot 24 DP754423 197 BELMORE RIVER RIGHT BANK ROAD BELMORE RIVER FARM SHED & FLOOD MOUND Applicant: MR D R EAKIN 2013/LD-00419 Lot 294 DP819341 161-171 PHILLIP DRIVE SOUTH WEST ROCKS ALTERATIONS & ADDITIONS TO EXISTING CARAVAN PARK Applicant: INFINITY PROPERTY P/L 2013/LD-00438 Lot 177 ARMIDALE ROAD SKILLION FLAT FIRE BRIGADE STATION Applicant: NSW RURAL FIRE SERVICE 2014/LD-00017 Lot 1 DP902900 210 EUROKA ROAD EUROKA EXTRACTIVE INDUSTRY Applicant: G & L MCKEON 2014/LD-00029 Lot 3 DP1087869 24 INNES STREET EAST KEMPSEY SWIMMING POOL Applicant: L KIRK & W RYLANCE 2014/LD-00032 Lot 102 DP1036461 9 GRANDVIEW PLACE SOUTH WEST ROCKS TWO STOREY DWELLING WITH VARIATION Applicant: H & K MORGAN 2014/LD-00040 Pt Lots 149, 172, 194 DP75243, Pt Lot 5 DP111834, Pt Lot 18 DP752410 1540 COLLOMBATTI ROAD COLLOMBATTI DWELLING Applicant: HADLOW DESIGN SERVICES 2014/LD-00049 Lot 11 DP555268 230 EUROKA ROAD EUROKA ALTERATIONS & ADDITIONS TO EXISTING DWELLING Applicant: B WOODS & C LOCKMAN


2014/LD-00070 Lot 65 DP260720 15 ENTRANCE STREET SOUTH WEST ROCKS ALTERATIONS AND ADDITIONS TO EXISTING DWELLING Applicant: T & T SQUIRES 2013/LD-00171 REV01 Lot 10 DP261650 239 SMITHS CREEK ROAD KUNDABUNG ALTERATIONS & ADDITIONS TO EXISTING DWELLING Applicant: E ATKINS & L BONNY 2014/LD-00073 Lot 51 DP788995 99 MACLEAY STREET FREDERICKTON ADDITIONS TO EXISTING DWELLING, SHED & DETACHED CARPORT Applicant: MR T J COX 2014/LD-00075 Lot 118 DP1177499 69 WARATAH DRIVE YARRAVEL DWELLING Applicant: MATTO LUKE CORP PTY LTD T/AS ADENBROOK HOMES 2014/LD-00076 Lot 759 DP625366 3217 ARMIDALE ROAD HICKEYS CREEK CONTINUED USE OF AN EXISTING BUILDING AS A DWELLING Applicant: D LEWTHWAITE & J POUNDER 2014/LD-00078 Lot 34 DP855311 7 SALMON CIRCUIT SOUTH WEST ROCKS DWELLING Applicant: MR B W HOLLOWAY 2014/LD-00081 Lot 38 DP9648 20 MORTON AVENUE SMITHTOWN ALTERATIONS & ADDITIONS TO EXISTING DWELLING Applicant: J & R BOX 2014/LD-00082 Lot 1 DP1191860 ILLA LANGI ROAD CRESCENT HEAD CONTINUED USE OF EXISTING STRUCTURES (SITE 65) Applicant: MR J NOONAN 2014/LD-00084 Lot 10 DP238151 57 MIDDLETON STREET SOUTH KEMPSEY DEMOLITON OF EXISTING DWELLING Applicant: NSW LAND & HOUSING CORPORATION 2014/LD-00085 Lot 13 DP1635 38 BISSETT STREET EAST KEMPSEY SWIMMING POOL Applicant: EXECUTIVE POOLS 2014/LD-00088 Lot 25 DP1167109 PHILLIP DRIVE SOUTH WEST ROCKS DWELLING Applicant: S IRWIN & J GRANT 2014/LD-00090 Lot 22 DP1097701 17 YULGILBAR PLACE SOUTH WEST ROCKS DWELLING WITH VARIATION Applicant: HADLOW DESIGN SERVICES 2014/LD-00097 Lot 2 DP1175711 HALLELUJAH DRIVE COLLOMBATTI RELOCATED DWELLING WITH ALTERATIONS & ADDITIONS Applicant: MR J G TOWNSEND


2014/LD-00099 Lot 130 DP1098487 2 ACACIA PLACE YARRAVEL DWELLING AND GARAGE Applicant: HOTONDO HOMES KEMPSEY 2014/LD-00100 Lot 5 DP255838 7 THIRTEENTH AVENUE STUARTS POINT ADDITIONS TO EXISTING DWELLING AND SHED Applicant: FIIKNO PTY LTD T/AS YARRA STEEL 2013/LD-00170 REV01 Lot 2 DP259889 132 JOHN LANE ROAD YARRAVEL TWO LOT SUBDIVISION Applicant: MRS L A MCCOSKER 2014/LD-00104 Lot 16 DP1113014 75 TEAGUE DRIVE SOUTH KEMPSEY DWELLING Applicant: HOTONDO HOMES KEMPSEY 2014/LD-00105 158 BELGRAVE STREET WEST KEMPSEY ALTERATIONS & ADDITIONS TO EXISTING PRODUCE BUILDING Applicant: NORCO CO-OPERATIVE LTD 2013/LD-00179 REV01 Lot 602 DP700649 226 YESSABAH ROAD YESSABAH DUAL OCCUPANCY WITH SEPP 1 Applicant: MR R P CACHIA 2014/LD-00111 Lot 1 DP747885 313 HICKEYS CREEK ROAD HICKEYS CREEK DWELLING & DEMOLITION OF EXISTING STRUCTURE Applicant: MR P L WOMPENER 2012/LD-00093 REV01 Lot 172 DP627873 1443 ARMIDALE ROAD CORANGULA CONTINUED USE OF EXISTING BUILDING AS DWELLING Applicant: MR G W DAVIS 2014/LD-00115 Lot 4 DP879434 129 SHERWOOD ROAD ALDAVILLA SHED Applicant: MACLEAY VALLEY SHEDS 2013/LD-00215 REV01 Lot A DP303130 28 MAIN STREET CRESCENT HEAD DEMOLITION OF EXISTING DWELLING AND NEW TWO STOREY DWELLING - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: MS R HARVEY 2014/LD-00116 Lot 12 DP1071805 20 BEDE LAWRENCE CLOSE FREDERICKTON SWIMMING POOL - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: MR I M DYET 2013/LD-00263 REV01 Lot 60 DP752427 POSTMANS TRAIL BELLBROOK CONTINUED USE OF AN EXISTING BUILDING AS A DWELLING Applicant: MRS S C LOWE


2014/LD-00128 Lot 101 DP1090718 5 CARRON CLOSE SOUTH WEST ROCKS STUDIO - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: D MEERE & W STONE-MEERE Type No Sub Value Complying Development 4 4 $379,100 Private Certifier (Complying Development/SEPP) 3 3 $574,390 Local Development 25 25 $3,232,698 Modifications 5 5 - There were 37 applications approved with a value of $3,427,988.00. For the financial year to date there have been 392 approvals including 60 modifications approved, with 82.1% (325) approved within 30 days. The 392 approvals (including 354 sub-applications) have a value of $31,775,822.00 There are 147 applications awaiting determination for the following reasons: ACCESS REQUIREMENTS (AC) 1 FURTHER DETAILS REQUIRED (FD) 85 FURTHER DETAILS REQUIRED 01(FD01) 1 FINAL REQUEST FOR INFO BEFORE REFUSAL (FR) 1 INCOMPLETE APPLICATION (IA) 3 REFERRAL TO OTHER AGENCIES (OA) 3 REFER TO RFS - INTEGRATED - MORE DETAILS (RFS3) 1 REFER TO RURAL FIRE SERVICE (LD) (RR) 5 Council Report on Development Applications refused, withdrawn or rejected 2014/LD-00044 Lot 1, Lot 2, Lot 3 DP586074 1-5 PACIFIC HIGHWAY & Lot 1, Lot 2 DP1071111 1-5 LAWSON STREET, FREDERICKTON CHANGE OF USE Applicant: MR E R WALKER Determination: Withdrawn by applicant not required 2013/LD00226 Lot 1, Lot 2, Lot 3 DP1156464 1 TALLOWWOOD PLACE SOUTH WEST ROCKS FILL FOR DWELLING PLATFORMS Applicant: HADLOW DESIGN SERVICES Determination: Withdrawn by applicant not required Council Report on Construction Certificates Building 2014/CB-00023 Lot 3 DP1087869 24 INNES STREET EAST KEMPSEY SWIMMING POOL Applicant: L KIRK & W RYLANCE 2014/CB-00024 Lot 2 DP598595 250 GRASSY HEAD ROAD STUARTS POINT TWO STORAGE SHEDS Applicant: MR N RADFORD


2014/CB-00033 Lot 294 DP819341 161-171 PHILLIP DRIVE SOUTH WEST ROCKS ALTERATIONS & ADDITIONS TO EXISTING CARAVAN PARK Applicant: INFINITY PROPERTY P/L 2014/CB-00050 Lot 51 DP788995 99 MACLEAY STREET FREDERICKTON ADDITIONS TO EXISTING DWELLING, SHED & DETACHED CARPORT Applicant: MR T J COX 2014/CB-00054 Lot 38 DP9648 20 MORTON AVENUE SMITHTOWN ALTERATIONS & ADDITIONS TO EXISTING DWELLING Applicant: J & R BOX 2014/CB-00069 158 BELGRAVE STREET WEST KEMPSEY ALTERATIONS & ADDITIONS TO EXISTING PRODUCE BUILDING Applicant: NORCO CO-OPERATIVE LTD 2013/CB-00100 REV01 Lot 10 DP261650 239 SMITHS CREEK ROAD KUNDABUNG ALTERATIONS & ADDITIONS TO EXISTING DWELLING Applicant: E ATKINS & L BONNY 2014/CB-00071 Lot 5 DP605906 235A STUARTS POINT ROAD BARRAGANYATTI DWELLING - PRIVATE CERTIFIER Applicant: MR P OSGOOD 2013/CB-00137 REV01 Lot 602 DP700649 226 YESSABAH ROAD YESSABAH DUAL OCCUPANCY WITH SEPP 1 Applicant: R & C CACHIA 2014/CB-00073 Lot 1 DP747885 313 HICKEYS CREEK ROAD HICKEYS CREEK DWELLING Applicant: MR P L WOMPENER 2014/CB-00076 Lot 1 DP1164661 NEVILLE MORTON DRIVE CRESCENT HEAD DWELLING - PRIVATE CERTIFIER Applicant: MR M W ROGERS 2014/CB-00077 Lot 13 DP1635 38 BISSETT STREET EAST KEMPSEY SWIMMING POOL - PRIVATE CERTIFIER Applicant: EXECUTIVE POOLS 2014/CB-00078 Lot 2 DP1078114 9 RIPPON PLACE SOUTH WEST ROCKS DUAL OCCUPANCY - PRIVATE CERTIFIER Applicant: TIPRUSH PTY LTD 2014/CB-00079 Lot 12 DP1071805 20 BEDE LAWRENCE CLOSE FREDERICKTON SWIMMING POOL - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: MR I M DYET 2014/CB-00081 Lot 7 DP260063 197 NAGLES FALLS ROAD SHERWOOD DWELLING AND DEMOLITION OF EXISTING DWELLING - PRIVATE CERTIFIER Applicant: T & K SINCLAIR


2014/CB-00082 Lot 25 DP1167109 PHILLIP DRIVE SOUTH WEST ROCKS DWELLING - PRIVATE CERTIFIER Applicant: S IRWIN & J GRANT 2014/CB-00083 Lot 65 DP260720 15 ENTRANCE STREET SOUTH WEST ROCKS ALTERATIONS AND ADDITIONS TO EXISTING DWELLING - PRIVATE CERTIFIER Applicant: T & T SQUIRES 2014/CB-00084 Lot 5 DP255838 7 THIRTEENTH AVENUE STUARTS POINT ADDITIONS TO EXISTING DWELLING AND SHED - PRIVATE CERTIFIER Applicant: FIIKNO PTY LTD T/AS YARRA STEEL 2014/CB-00085 Lot 16 DP806562 130 BERRYS LANE CRESCENT HEAD SHED - PRIVATE CERTIFIER Applicant: A & N NOWAKOWSKI 2014/CB-00086 Lot 16 DP1113014 75 TEAGUE DRIVE SOUTH KEMPSEY DWELLING - PRIVATE CERTIFIER Applicant: HOTONDO HOMES KEMPSEY 2014/CB-00088 Lot 101 DP1090718 5 CARRON CLOSE SOUTH WEST ROCKS STUDIO - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: D MEERE & W STONE-MEERE 2014/CB-00092 Lot 28 DP844106 3 RAFFERTY CRESCENT SOUTH WEST ROCKS ATTACHED CARPORT - PRIVATE CERTIFIER Applicant: MR G M ALLEN 2014/CB-00093 Lot 4 DP879434 129 SHERWOOD ROAD ALDAVILLA SHED - PRIVATE CERTIFIER Applicant: MACLEAY VALLEY SHEDS There were 23 applications approved. For the financial year to date there have been 243 approvals including 8 modifications approved, with 86.8% (211) approved within 30 days. (Please note: This includes approvals by Private Certifiers). VARIATION TO THE DEVELOPMENT STANDARDS CONTAINED IN KEMPSEY DCP 2013 All development applications determined involving variations to the development standards contained in Kempsey DCP 2013 are required to be reported to Council for information. During the preceding month there were three (3) applications approved involving variations to the development standards contained in Kempsey DCP 2013. Application Details Chapter Development Standard Proposed Desired

Outcomes Planning Comment


Application Details Chapter Development Standard Proposed Desired Outcomes

Planning Comment

DAT6-14-90 Subject Land: Lot 22 DP1097701 17 YULGILBAR PLACE SOUTH WEST ROCKS Description: DWELLING Objections: Nil

C1 Clause 5.2.1(1)(a)(i) A minimum setback of 6.0m shall be provided to any garage.

6 metres DO1-D016

The proposed development has a setback to the garage of 5m; however this occurs only at the south-west corner of the garage with the setback increasing to in excess of 7m at the south-east corner of the garage resulting from the curvature of the front boundary. This provides an average setback of 6m.

DAT6-14-32 Lot 102 DP1036461 9 GRANDVIEW PLACE SOUTH WEST ROCKS Description: TWO STOREY DWELLING Objections: Nil

C1

Clause 5.2.7 (a), (e),(f) Proposed development to exceed 1.5m retaining wall height limit and not achieve 1m retaining wall setback off side boundary.

2m maximum 200mm off boundary

DO2, DO3, DO4

The length of the retaining wall is approx. 12m with half of its length exceeding 1.5m (max 2m). The owner has submitted plans demonstrating dense landscaping in front and on top of the retaining wall. The lot is very steep at 50% grade. The owner requires a level private open space which is directly accessible from the living room and covered deck. The proposal is consistent with the local residential character. The owner’s wish to maximise their open space area off the covered deck proposed. With the proposed setback of 200m they will achieve a further 7m

2

area. Of the 7m length of wall running parallel to the northern boundary only 1m (14%) is exceeding 1.5m.

DAT6-14-78 Subject Land: Lot 34 DP855311 7 SALMON CIRCUIT SOUTH WEST ROCKS Description: DWELLING Objections: Nil

C1 Clause 5.2.2 (b) A minimum side setback of 1.5m for two storey development

1.278m DO1-D016

The character and streetscape of the neighbourhood will be unaffected. Privacy for residents will be maintained. Important views from neighbouring properties will not be affected. Overshadowing of any living areas of adjacent properties will not be affected. No known adverse impacts on adjoining properties. Access to infrastructure will be maintained. Passive surveillance of community spaces will not be affected. It is noted that only a small portion from the rear of the garage to the end of the stairs does not comply.


ITEM 15 LOCAL TRAFFIC COMMITTEE MEETING HELD 6 MAY 2014

Delivery Program Activity: (CAD-01-04) Technical engineering management

Reporting Officer: Director Infrastructure Services


File: N/A

REPORT SUMMARY For Council to adopt the minutes of the Local Traffic Committee meeting held 6 May 2014.

2014.106 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Shields That the recommendations of the Local Traffic Committee meeting held on 6 May 2014 be adopted. COMMENTARY (Appendix N – Page 127)

ITEM 16 PREVIOUS RESOLUTIONS UPDATE

Delivery Program Activity: (CO-01-03) Governance

Reporting Officer: Manager Information and Governance


File: N/A

REPORT SUMMARY Reporting on the previous resolutions update for the month of April 2014.

2014.107 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Shields That the information be noted. COMMENTARY • Extractive Industry at Euroka (T6-14-17) – The consent for the extractive industry at 210

Euroka Road, Euroka was issued on 28 April 2014 and the objectors were notified of Council’s decision *Item 4 15 April 2014 (2014.70)+.



ITEM 17 KEY PERFORMANCE INDICATORS

Delivery Program Activity: (CO-01-03) Governance

Reporting Officer: Manager Information and Governance


File: F12/756

REPORT SUMMARY Reporting the key performance indicators which did not achieve targets for the month of April 2014.

2014.108 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Shields That the information be noted. COMMENTARY

Indicator Target Y.T.D. Comment

Percentage of all Development Applications approved within 30 days.

85% 83.1%

Due to current vacancies, resources are insufficient to meet targets

Percentage of Construction Certificates approved within 30 days.

90% 100%

Total average number of days taken to process Development Applications

42

36.81

Number of building inspections undertaken within two days of request

95% 100%

24 Inspections undertaken during April. YTD 272

Number of compliant development application audits

95% 94.53%

Due to current vacancies, resources have been allocated to DA’s

Percentage of requests relating to environmental quality that may cause preventable harm to the environment responded to within 7 days.

90% 84.96%

Due to current vacancies, resources are reduced. There were 15 requests for April. YTD 113

Percentage of requests for Ranger Services responded to within 5 days

95% 98.20%

167 Ranger related requests received with 153 completed within 5 days during April. YTD 1812

Collection of contained stray dogs/cats within 6 hours

90% 89.87%

26 requests were received with 25 collected within 6 hours for the month of April. YTD 395



Complaints relating to stray dogs responded to within 2 working days

95% 99.26%

44 requests were received with 44 responded to within two working days for the month of April. YTD 540

Average number of days to issue Section 149 Planning Certificates

1.1 1.11

192 certificates were issued in April. YTD 1605

Percentage of properties with infestations

27% 15%

467 inspections undertaken during April. YTD 911. Currently only inspecting suspected properties with TSA

Number of people employed in the Kempsey Shire area

11,800 12,656

Percentage of strategic planning project tasks completed on time

80% 100%

Percentage of environmental project tasks completed on time

80% 100%

Percentage of economic sustainability project tasks completed on time

80% 100%

Please note that these indicators are reported annually:

Indicator – Annually Target Y.T.D. Comment

Number of developments unreasonably held up by the lack of foreseeable council responsible infrastructure requirements

Nil 0

Number of compliance audits per annum

120 135

12 audits undertaken during April

Number of onsite sewerage management systems inspected each annum.

840 652

Due to current vacancies, resources are reduced. 45 inspections undertaken during April

Percentage of food premises inspected per annum.

85% 52.3%

Due to current vacancies, resources are reduced. No inspections undertaken during April. YTD 159. 304 inspections required for the year

Number of environmental health inspections per annum

500 433

26 inspections carried out during April. YTD 433

Percentage of compliant food inspections

85% 78.46%

Percentage of caravan parks inspected per annum

100% 100%

YTD 18/18



Required Annual Fire Safety Certificates are provided

100% 91%

9 certificates required for April. 369 certificates required for the year. YTD 337

Number of education programs on weeds per annum

2 4

Field days for Tropical Soda Apple at Kempsey & Bellbrook

Area of residential land made available for development

50 ha

New indicator – no data collected yet

Area of land rezoned for industrial development

8 ha


Number of environmental education projects per annum

12 11

Tank Radio and Kempsey Show

Percentage of people enrolled in tertiary education

5%


Level of farm output $124m


Number of visitor night stays has increased

10%


Water quality monitoring of the Shire’s creeks, rivers and beaches is undertaken on a weekly basis

52 41


Customer service enquires (telephone) per annum

33,000 30,432

2,868 for April 2014

Customer service enquiries at Customer Service Centre per annum

12,000 12,987

730 for April 2014

Customer abandoned calls per month Less than

5% 7.09%

8.81% for April 2014 Target still being impacted on by the telephone system difficulties. Should be resolved in May 2014

Customer enquiries resolved at first contact

75% 86.60%

85.21% for April 2014

Percentage of customer calls returned within 2 business days

85% 85.60%

85.10% for April 2014

Number of Customer Surveys Completed per annum – by phone

650 644

49 for April 2014

Number of Customer Surveys Completed per annum - online

350 0

0 for April 2014 Process developed. Collecting email addresses at point of call. Some difficulty securing email. Target needs to be reviewed to have online feedback available

Exhibitions held at the Macleay 13 24

2 for April 2014



Community Gallery per annum

Percentage of correspondence received needing a reply that is responded to within 10 working days

>90% 73.64%

81.37% for April 2014 Organisation wide. Improvement during April

Hours of internet usage by the community at Council libraries

11,000 7,209

599 for April 2014 Target impacted on growth of WiFi usage

Number of items borrowed from Council’s libraries annually

185,000 154,203

14,318 for April 2014

Number of visitors to the libraries 120,000 114,057

12,890 for April 2014

Number of functions including holiday activities at libraries annually

20 87

5 for April 2014

Number of E-books and audio books downloaded from the internet annually

5,000 15,092


Community consultations held per annum

30 79

8 for April 2014 Kempsey Show (250) 2 x Youth (15) CDAT (2) Kempsey

Revitalisation Strategy (50)

3 x Healthy Communities (9)

Number of participants in community consultations per annum

1,200 2,364

326 for April 2014

Number of visitors to our Visitor Information Centres

55,000 23,023

1,753 for April 2014 Kempsey: 802 SWR: 951 Manual collection of statistics indicating a significant drop in numbers for Kempsey. Target will need to be reviewed. Alternative measures for capturing visitor numbers needs to be investigated.

Number of hourly DADHC funded services provided annually

28,500 31,584.5


Number of clients assisted through the Department of Health and Ageing funding packages per annum

420 385

35 for April 2014

Number of clients assisted through the NSW Health compacks program

128 217

21 for April 2014

Visitor Information Centres

Calls Emails

Kempsey April 2014 211 639


Visitor Information Centres

South West Rocks April 2014 25 -

Totals 236 639

Wi-Fi Users – Libraries

April 2014

Kempsey 488

South West Rocks 62

Stuarts Point 585

Totals 1,135

Social Media

April 2014

Facebook Followers 2,177

Twitter Followers 122

Tweets 1,372

Social Media Posts 21

SERVICE DELIVERY Customer Services Telephone Statistics April 2014 maximum call wait time was 12 minutes and 22 seconds April 2013 maximum call wait time was 12 minutes and 14 seconds April 2014 average call wait time was 45 seconds April 2013 average call wait time was 18 seconds April 2014 average talk time was 2 minutes 46 seconds April 2013 average talk time was 3 minutes 02 seconds MEDIA In April 2014 Council issued 12 media releases and 9 standalone ads.


Number of water main failures per year <40 24

There was 1 failure this month

Number of sewer surcharges per year <90 23

There were no sewer surcharges this month

Percentage of water and sewer supply failures will be responded to within two (2) hours of being reported.

90% 99.4% Water Accum

Average

100% achieved this month

100% Sewer

Accum average

100% achieved this month

Percentage of water quality analyses complying with Australian Drinking

98% 98.4%

332 tests complied out of the 342 taken this month



Water Guidelines (ADWG)

Percentage of routine fluoride monitoring tests within the range provided by the regulation

>99% 94.6% Accum

Average

334 out of 353 tests have complied for YTD – See below for detailed comment.

Percentage of effluent analyses complying with EPA licences

95% 92.3%

85 tests complied out of the 95 taken. See below for detailed comment

Volume of treated wastewater reused or recycled

>10% 10.3% Accum

average%

Volume of sludge reused/recycled >95% 100%

Percentage of blockages to Council’s drainage system likely to cause property damage cleared within 24 hours of reporting

90% 50% Accum

Average

There were no blockages reported this month

Waste – Quantity of domestic waste material per year diverted from landfill

>6,600t 4,721t

Below target

Waste – Quantity of domestic waste materials recycled/reused as a percentage of the material going to landfill

60% 43.7%

Below target

Waste – Percentage improvement in the quantity of materials diverted from landfill compared to previous years

5% -0.9%

Below target

Waste – Quantity of domestic waste material disposed of to landfill

<4,400t 6,144t

Below target

Maintenance of public areas within levels of service

>90% 93%

225 areas were maintained out of the 266 areas

The percentage of routine fluoride monitoring tests is being skewed by results that are outside of the range due to the configuration of equipment and the location of the testing point. The current testing point is at the plant itself where the dosing rate is constantly fluctuating to match the rate of production of water from the plant. This means the tests are generally either above or below the target range for fluoridation and result in the non-compliances. Council has sought approval from the NSW Health to test the fluoride dosing at the reservoir point where the average result from the mixing of the water has proven to be consistently on the target dose. This change, when implemented, will result in the values for this KPI coming within the target range. The non-conformance with testing of the treated effluent from Council’s sewage treatment works has been identified as coming from Council’s West Kempsey, Gladstone and Frederickton Treatment Works. The failures relate to levels of total suspended solids, pH and faecal coliforms that exceed the licence requirements. Further investigation has identified algal growth over the summer months as the cause of this. The algal growth within the ponds increases the pH of the water and presents as total suspended solids. The algal matter within the water also obstructs UV radiation in the ponds from sunlight and allows faecal coliforms to survive for a greater period of time. Council has sought advice from the Environmental Protection Authority (EPA) on how to address this matter as algal growth will continue whilst ever conditions in the effluent ponds are favourable during summer months and we will experience this level of failure. The EPA has been reluctant in the past to permit


any forms of algaecide to be used and in the short term, the impacts that this has on the systems will continue to be monitored.


Percentage of staff expressing satisfaction with management leadership

> 60% 55.0%

Senior Management 2013 result - 55.0% Manager - 64.8% Coordinator - 77.1%

Percentage of staff indicating satisfaction with their employment

> 85% 94.4%

2012/2013 result

Average number of hours before Ordinary Council meetings that the Agenda is available to the public

> 90 128.5

April result – 118.5 hours

Average number of hours after ordinary Council meetings that the minutes are available to the public

< 24 24.75

April result – 45 hours

Number of public liability claims for property damage received per annum

< 40 30

April result = 2 claims – 30 overall

Number of public liability claims for personal injury received per annum

< 10 2

April result = 1 claims - 2 overall

Percentage of formal GIPA requests resolved within legislated timeframe

100% 100%

0 GIPA application completed in April

The total number of lost time injuries per annum

< 12 claims

9

One lost time injury for April

Staff turnover (excluding retirement) < 10% 5.54%

One unplanned staff turnover during April

Annual financial reports have been audited by 31 October each year

Yes / No Yes

Completed, audit issued 31 October 2013

Rating Structure reviewed to ensure a fair and reasonable impost by 28 February each year

Yes/No Yes

Rating structure reviewed and adopted at the 18 February 2014 Council meeting

12 MAYORAL MINUTES

2014.109 RESOLVED: Moved: Cl. Campbell That this matter be dealt with at this meeting as it is deemed by the Mayor to be a matter of great urgency. That Council endorse the Mayor’s attendance at the Local Government Annual National Assembly.


13 STAFF REPORTS

ITEM 1 PROPOSED MODIFIED CONSENT – GOOLAWAH CO-OPERATIVE




File: T6-02-109 (Rev 01)

REPORT SUMMARY Reporting that Council has received an Application to Modify Development Consent T6-02-109 relating to changes to road upgrade, telecommunication service, and electricity supply requirements. Owner: Goolawah Co-operative Pty Ltd Subject Land: Lot 1 DP1191860

Nevertire Road & Illa-Langhi Road, Crescent Head Zone: RU1 – Primary Production

RU2 – Rural Landscape E2 – Environmental Conversation

2014.110 RESOLVED: Moved: Cl. Green Seconded: Cl. Shields That the consent be modified as follows: A Modify Condition 4 as follows: “An application for road upgrades is to be submitted to Council for approval for all works

within any Council dedicated road reserve pursuant to Section 138 of the Roads Act 1993. Three (3) copies of engineering construction plans prepared by an appropriately qualified person shall accompany the application for consent for works within the road reserve. Such plans are to be in accordance with Council's Adopted Engineering Standard. The application shall include all necessary works for all of the following:

a) Nevertire Road shall be designed and constructed to a Type 3 Local Road standard

having the characteristics listed in Development Design Specification D1 of Chapter B3 of Kempsey Development Control Plan 2013.

b) The Crown road continuing from the end of Nevertire Road shall be designed and

constructed to an all-weather (unsealed) two wheel drive access road to be maintained in perpetuity by the owner/s of Lot 1 DP1191860 to the standard required by emergency services, including the NSW Rural Fire Service and the State Emergency Service.

The Goolawah Co-operative shall enter into a deed of agreement with Kempsey Shire

Council to maintain this Road section to this standard, which is to be registered as a


Caveat over the title of Lot 1 DP1191860 binding any/all successive owner/s of that property.

c) Illa-Langhi Road and the combined right of carriageway shall be designed and

constructed to an all-weather (unsealed) two wheel drive access road to be maintained in perpetuity by the owner/s of Lot 1 DP1191860 to the standard required by emergency services, including the NSW Rural Fire Service and the State Emergency Service.

Illa-Langhi Road shall be dedicated to Council at no cost to Council prior to occupation

of the premises. Council’s agreement to accept dedication is subject to the owner of the land the

subject of this consent entering into a deed of agreement with Kempsey Shire Council to maintain this Road section and the combined right of carriageway to this standard, which is to be registered as a Caveat over the title of Lot 1 DP1191860 binding any/all successive owner/s of that property.

d) All necessary work to ensure sightlines at the Illa-Langhi Road / Maria River Road

intersection comply with AUSTROADS – Rural Road Design. The deeds of agreement required by this condition shall be completed and signed by all

relevent parties prior to the commencmenet of any works within any road reserve. The registration of these deeds of agreement as Caveats over the title of Lot 1 DP1191860 shall be completed prior to the completion of the works.

Council approval under Section 138 of the Roads Act 1993 must be obtained from Council

prior to the commencement of any works within any road reserve. All works must be undertaken in accordance with the Section 138 approval.

The application shall be accompanied by a Traffic Management Plan pursuant to Section 138

of the Roads Act 1993 relating to all works on Nevertire Road and Illa-Langhi Road. The plans and specifications are to include the measures to be employed to control traffic (inclusive of construction vehicles) during construction of the development. The traffic control plan is to be designed in accordance with the requirements of the Roads and Maritime Services Manual, Traffic Control at Work Sites Version 2, and Australian Standard 1742.3 - 1985, Manual of Uniform Traffic Control Devices Part 3, ‘Traffic Control Devices for Works on Roads’.

The plan must incorporate measures to ensure that motorists using the road adjacent to the

development, residents and pedestrians in the vicinity of the development are subjected to minimal time delays due to construction on the site or adjacent to the site. The traffic control plan must be prepared by an accredited person trained in the use of the current version of RMS Traffic Control at Work Sites manual.

Council approval for the Traffic Management Plan must be obtained from Council prior to

the commencement of any works within any road reserve. All works must be undertaken in accordance with the traffic management plan.”

Condition 9 be deleted.


Condition 16 be deleted. Modify Condition 10 as follows: “Written evidence from the electricity supply authority shall be submitted to Council stating

that satisfactory arrangements have been made for the provision of electricity supply to the site, and that the system would have capacity to connect a service to all approved building envelopes if such connection was sought.”

Modify Condition 11 as follows: “Written evidence from Telstra shall be submitted to Council stating that satisfactory

arrangements have been made for the provision of telephone supply to the site, and that the system would have capacity to connect a service to all approved building envelopes if such connection was sought. For emergency response purposes a functional land-line telephone service must be made available in an unlocked location adjacent to the community kitchen building at all times.”

B That the objectors be advised of Council’s decision. A Division resulted in the following votes. F = Voted For A = Voted Against

Campbell F Green F Kesby F McGinn F

Patterson F Saul F Shields F Williams F

The Mayor noted that the forgoing resolution was passed UNANIMOUSLY. COMMENTARY At its meeting of April 2013, Council resolved to grant development consent for a State Environmental Planning Policy No. 15 – Rural Landsharing Community development comprising seventy-eight (78) dwelling sites and associated community facilities. An application has been lodged to modify conditions of Development Consent. The proposed modification seeks to: 1 Vary the construction requirements for the access roads, being Nevertire Road and Illa-Langhi

Road; and 2 Vary the requirement to connect electricity and telecommunication services to every building

site within the development.

(Appendix A - Page 1)



Heads of Consideration The matter has been assessed in accordance with the Heads of Consideration as identified by Section 79C (1) of the Environmental Planning and Assessment Act 1979 (EP&A Act), with the following matters of particular relevance. Traffic & Road Construction Standards The applicant has submitted a report prepared by consulting traffic engineers detailing the expected traffic impacts of the development, including suggested alternative road construction/maintenance solutions which may be summarised as follows: 1 Nevertire Road to remain an all-weather (unsealed) public road. The Goolawah Cooperative

enters into an agreement with Council by where Goolawah will be responsible for the maintenance of the road so as to satisfy the requirements of emergency services requiring access to the site.

2 Nevertire Road between Maria River Road and the Goolawah Cooperative property boundary

is bitumen sealed to Council requirements. The trigger for the completion of the sealing would be when the Goolawah Cooperative reaches 75% of full development (ie 59 dwellings based on Development Application).

Prior to these works being completed investigation by Kempsey Shire Council will need to be

completed as to the current practice of gating of Nevertire Road (public road) at Maria River Road.

3 As an alternative Council give consideration to Goolawah Cooperative making a contribution

towards the bitumen sealing of the section of Nevertire Road referred to above. 4 Illa-Langhi Road to remain an all-weather (unsealed) Crown Reserve road. The Goolawah

Cooperative enters into an agreement with Council by where Goolawah will be responsible for the maintenance of the road so as to satisfy the requirements of emergency services requiring access to the site.

(Appendix B - Page 3)

Having regard to the matters raised in objections from residents, discussions were held with the applicant whereby an alternative solution was derived for which the applicant submitted a revised modification application, as follows: a) Nevertire Road shall be the primary access for the Goolawah rural land-sharing community.

Nevertire Road shall be constructed to a Type 3 Local Road Standard from Maria River Road to the end of the dedicated road section; and

b) The existing unnamed Crown section of road from the end of Nevertire Road to the Goolawah

rural land-sharing community shall be constructed to an all-weather (unsealed) two wheel drive access road, and maintained in perpetuity by the Goolawah rural land-sharing community to the standard required by emergency services.

c) Illa-Langhi Road shall not be used by the Goolawah Co-operative other than in emergencies

(bushfire, flood, medical emergency, etc.). To ensure Illa-Langhi Road is suitable for



emergency access, it shall be constructed to an all-weather (unsealed) two wheel drive access road, and maintained in perpetuity by the Goolawah rural land-sharing community to the standard required by emergency services; and

This alternative has the following advantages: • It will reduce the size and extent of Councils road infrastructure with corresponding financial

benefits to Shire; • It will provide functional and practical vehicle access to the rural land-sharing community

development for both residents and emergency services; • Upgrading of Nevertire Road will improve road conditions for existing Nevertire Road

residents; and • Limited usage of Illa-Langhi Road by Goolawah residents will maintain pre-development traffic

levels for existing Illa-Langhi Road residents. Electricity Supply & Telecommunication Services It is recommended that the electricity supply and telecommunication service requirements be varied in this instance, for the following reasons: • Clause 9(1)(g) of SEPP No. 15 requires Council in determining an application for a rural land-

sharing community to consider “if required by the applicant, the availability of electricity and telephone services”. The applicant has provided that they do not generally require these public utilities, the alternative lifestyle encouraged by the code and ethos of the rural land-sharing community encouraging alternatives, such as photovoltaic systems. It is recommended however that a land-line phone be provided in a central public location for emergency response purposes.

• Individual utilities are usually required for subdivision of land. Unlike a subdivision, the

Goolawah rural land-sharing community will be owned and operated by a single entity (currently the Goolawah co-operative).

• The recommended conditions would still require connection to the boundary, with

guaranteed capacity for services to be available for connection to each site. As such, the Goolawah co-operative would be able to connect to such services in the future should an individual resident desire public utilities.

Public Exhibition The proposal was advertised from the 4 March 2014 to 17 March 2014 in accordance with Council’s Policy. Seven (7) submissions were received, six (6) of which were objections, and one (1) of which specifically declared a neutral stance. Two (2) submissions were marked confidential and are not included in the appendices of this report. Following receipt of the revised application incorporating the proposed traffic arrangements, the proposal was re-notified from the 29 April 2014 to 13 May 2014 in accordance with Council’s Policy. One (1) additional submission was received, which was from one of the previous objectors making further comment.


(Appendix C - Page 19)

Objection Planning Comment

1 The current road construction requirements should be enforced

1 See “Traffic & Road Construction Standards”

2 The current electricity and telecommunication requirements should be enforced

2 See “Electricity Supply & Telecommunication Services”

3 Goolawah has to date failed to comply with certain conditions of Development Consent T6-02-109

3 This is not a relevant matter for consideration of the current application

4 Excessive use of unsealed roads generates dust, which can have health issues


5 People not associated with the development should be able to use Illa-Langhi Road

5 There is no restriction on the users of Illa- Langhi Road

6 Illa-Langhi Road is a legal road and Goolawah residents would be allowed to use it regardless of any Council restriction

6 See Point 5

7 Traffic counts from Goolawah are likely higher than those provided in the RoadNet report

7 See “Traffic & Road Construction Standards”. The assumptions related to traffic generation are considered to be reasonable

8 Population growth will increase the traffic over time

8 See “Traffic & Road Construction Standards”. It is noted that Condition 19 limits the population of the development to 312 residents at any time

9 Many of the examples of other rural land-sharing communities are not similar/comparable to the Goolawah development

9 These figures have not been exclusively relied on. See “Traffic & Road Construction Standards”

10 The development should contribute to the sealing of Maria River Road

10 Roads contributions will be levied against every dwelling in accordance with the s94 Roads contribution plan

11 Any contributions collected should go exclusively to work on Nevertire Road, particularly sealing to Nevertire

11 Contributions go into a general pool for entire rural catchment with funds allocated in accordance with Council’s Delivery and Operational Plans

12 Sealing Nevertire should not be contingent upon reaching certain population percentages

12 The recommendation of this report is that the works are required in the immediate future, and are not contingent upon the rural land-sharing community reaching certain population levels. See “Traffic & Road Construction Standards”



Objection Planning Comment

13 Nevertire Road should be gated to prevent cattle egress


14 Goolawah’s previous road maintenance should not be given weight

14 No weight has been given to previous maintenance works

15 Illa-Langhi is the official address and should be given priority upgrades

15 The assessed access is not contingent upon listed addresses and/or postal information

16 Earthworks must take stormwater/floodwater drainage into consideration

16 See “Traffic & Road Construction Standards” and Condition 5 of Development Consent T6-02-109

17 Illa-Langhi Road should have a 40kmph to 50kmph speed limit, crest signs, and pedestrian signs


STANDING ORDERS

2014.111 RESOLVED: Moved: Cl. Campbell That Standing Orders be suspended to allow Councillors to read the late information related to Item 2. COMMITTEE OF THE WHOLE

2014.112 RESOLVED: Moved: Cl. Patterson Seconded: Cl. Shields That Council move into Committee of the Whole for discussions related to discuss item 2.

2014.113 RESOLVED: Moved: Cl. Patterson Seconded: Cl. Green That the Council Meeting be resumed.

ITEM 2 2014/2015 KEMPSEY SHIRE COUNCIL OPERATING PLAN


Reporting Officer: Director Community Engagement


File: F12/423-03


REPORT SUMMARY Reporting on the Draft 2014/2015 Operating Plan following the public exhibition period.

2014.114 RESOLVED: Moved: Cl. Patterson Seconded: Cl. Shields That; 1 the 2014/2015 Operating Plan be adopted subject to the outcome of the current IPART

application subject to the following changes; a the budget be adjusted to reflect the cuts made in the current Federal Budget to; i reduce the allocation to Economic Sustainability by $48,000 ii reduce the allocation to Visitor Information Centres by $12,000 iii reduce the footpath maintenance allocation by $10,000 iv reduce the swimming pool maintenance allocation by $12,000 b the Section 94 Developer Contribution Plan for Roads be revised to include the future

rural residential release area in Euroka/Dondingalong. c the survey and design be completed on the proposed extension of South Street

through to Gowings Hill Road to identify the scope of works required and allow firm estimates of cost to be prepared.

d a review of the major road works program be completed and the impact of funding

the extension of South Street in 2014/2015 be identified. The Mayor noted that the forgoing resolution was passed UNANIMOUSLY. COMMENTARY The Draft 2014/2015 Operating Plan was placed on Public Exhibition 16 April 2014 with one (1)

submission received (Appendix D – Page 21). With respect to the submission Council will continue to promote the Macleay Valley through support of the Tourism Association, Chambers of Commerce and community groups. The Kempsey Bypass Strategy also includes promotional programs and marketing actions. The Operating Plan provides the Council and the community with details of the actions, programs and projects that will be undertaken by staff in the 2014/2015 Financial Year.



ITEM 2 2014/2015 KEMPSEY SHIRE COUNCIL OPERATING PLAN (Supplementary)


Reporting Officer: General Manager

Effect of Recommendation on Budget: $1.98 million

File: F12/423-03

REPORT SUMMARY Reporting on a submission received requesting the extension of South Street be considered for funding by the Council. RECOMMENDATION 1 The Section 94 Developer Contribution Plan for Roads be revised to include the future

rural residential release area in Euroka/Dondingalong. 2 The survey and design be completed on the proposed extension of South Street through to

Gowings Hill Road to identify the scope of the works required and allow firm estimates of cost to be prepared.

3 That a review of the major road works program be completed and the impact of funding

the extension of South Street in 2014/2015 be identified. 4 That the budget be adjusted to reflect the cuts made in the current Federal Budget to; a) Reduce the allocation to Economic Sustainability by $48,000 b) Reduce the allocation to Visitor Information Centres by $12,000 c) Reduce the footpath maintenance allocation by $10,000 d) Reduce the swimming pool maintenance allocation by $12,000 COMMENTARY Extension of South Street The issue of extending South Street to Gowings Hill Road was raised with Council Staff prior a presentation in the public forum of the November 2013 Council Meeting. At that time Council received a petition with 134 signatures calling for construction of the road link on the basis of the danger to children and families, road condition/deterioration and to provide relief from heavy vehicle traffic. Since the initial representation, there have been several further approaches to Council from concerned members of the community. The submission on the Draft Operating Plan is calling for this situation to be addressed by Council through the construction of an alternative route. Further investigation has been undertaken into this matter and is presented for the benefit of Councillors.


Prior to this meeting, on 1 October 2013, a child had been killed on Middleton Street after having entered the roadway from between two parked cars. Between 1996 and 2013 a total of twenty three vehicular crashes have been recorded along the section of Middleton Street and Gowings Hill Road. This appears to represent a higher frequency of crashes than other adjacent local roads however may be reflective of the proportionally greater level of traffic using these roads. The data pattern suggests that there are two clusters for crashes, in the vicinity of the intersections of Middleton Street with West Street & Albert Street. This data is only a record of actual vehicular crashes and does not reflect any near misses and/or property damage which would not be quantifiable. Several members of the community have reported incidences where damage has been caused to their vehicles which they have been faced with the cost of repairing. These incidents may not be fully reflected in the abovementioned statistics with several complainants advising that the matter had not been reported to the police. In an effort to better understand this situation, information has been sought from local repairers. Enquiries through local Window/Smash Repairers has identified; • Customers regularly have reported major panel damage to cars in Middleton Street at the

rate of approximately 1 repair every three months (depending upon the business). The typical repair costs for this type of damage range from $1,600 to $2,500.

• The most regular damage is to windscreen or windows. Repairers are fixing 3 cars on

average per week. The average costs are between $250 to $280. This type of damage has been increasing.

• Some residents are purchasing and installing their own new windows/windscreens and/or

second hand windscreens from local wrecking yards. • Most owners are emotionally distressed by the damage and the resulting costs. • Many residents utilise alternate routes to reduce the risk of incurring damage to their

vehicles. Based upon this information it is reasonable to assume that the community as a whole has been faced with an escalating situation that is resulting in additional costs related to repair of vehicles being incurred by people using the road network. Considering the first hand information provided from repairers it would not be unreasonable to estimate the cost to the community of repairing damaged vehicles to exceed $60,000 per year. Of all crime incidents recorded in the South Kempsey Area, 26% occur in Middleton Street. Almost 47% of the recorded incidents involving Malicious Damage occur in Middleton Street. This figure is considered to support the claim that there is an above average rate of damage occurring to vehicles driving through this area. The risk of damage to vehicles may be having a negative impacting upon road safety behaviours of motorists in this area. The average speeds data along Middleton Street does not indicate that vehicles are travelling faster in the main areas that incidents are reported as occurring. Anecdotal evidence from the Police suggests that in other areas where the traffic has been diverted from the problem area the issues have not followed the new traffic, indicating that the issue will be


reduced for those people who chose to take the alternative route. Those who still need to travel Middleton Street would continue to be exposed to the risk. The land adjacent to the proposed road extension is largely in state government or public ownership, with only 50% of the northern road boundary adjoining private property. This private property also fronts Gowings Hill Road, so access from the unformed South Street Road Reserve will not be required to develop this land. As such it is unlikely that a developer of that land would invest in construction of a new road segment to service the development. It was considered that formal construction of the road would only be of potential benefit to proposed rural residential/quarry developments to the west and not any immediately adjoining property owners. Notwithstanding this, previous urban expansion studies have identified the land around and adjoining the unformed road as being suitable for urban growth. As a result there could be long term benefits from constructing the road ahead of the development of adjoining lots. The portion of the benefit of the road that relates to increasing the value for development should be funded by developers rather than the current landowners. A method of determining this proportion of benefit would need to be developed. The Draft Rural Residential Land Release Strategy notes that there is an existing yield of 113 lots in the Euroka/Dondingalong area, which are zoned for rural residential development, with a potential additional yield of over 400 more lots. Considering the development capacity it is likely that traffic volumes will increase over time as more rural residential expansion occurs in this area. The current traffic volumes on Middleton Street are similar to other large feeder roads at present, such as Bissett Street, East Kempsey. The additional 113 lots would not materially affect the ability of the exiting road network to handle the traffic volumes. Even the additional 400 lots would not exceed the capacity of Middleton Street, as higher volumes are currently being catered for on River Street in West Kempsey. It is better to not have large volumes of traffic moving through residential areas and this is one of the few locations where a “bypass” is reasonably practical. Even though the costs is nearly $2million dollars, for a road construction program this is not a large project. The creation of an alternate route that is more suitable for large volumes of heavy vehicle traffic is seen as beneficial, but this issue is that it will take a considerable portion of the funds in a situation where Council does not have the funds to properly maintain and replace the existing road network. A funding option is to look at the section 94 Road Contributions payable by developers. Based on the 40 lots all being developed, this would return approximately $400,000 from existing zoned land and a up to a further $1.4M from areas yet to be approved for rural residential development. It should be noted that the S94 plan requires updating to appropriately consider the works necessary to service expansion in this area. For those additional lots. It would be expected that Dondingalong Road will need considerable works on widening and reconstruction to cater for increased traffic volumes along its length, as would a number of other roads that would feed into the newly created lots. Possible urban expansion of South Kempsey could potentially yield a further $2.4M, however this funding is already allocated in the S94 plan to long term projects/works along the Middleton Street/Gowings Hill Road. The traffic studies for the Kempsey Corridor Masterplan identified the need for some form of intersection treatment to be applied at the intersection of Middleton Street & Macleay Valley Way.


The existing intersection of South Street with Macleay Valley Way has been previously improved in terms of safety and capacity, with hold and turning lanes in each direction. In the short term this would suffice for increased traffic movements however at some stage in the future upgrade would become necessary. The provision of infrastructure in the South Kempsey Area was assessed during the development of the Urban Design & Social Plan for South Kempsey (Stage 3 Report) that was recently completed by Council and consultants SJP Urban. The plan describes a number of initiatives aimed at revitalising the urban environment in Middleton Street. The report raises concerns in a number of recommendations about the quantity and variability of heavy vehicles and traffic conditions in Middleton Street. The extension of South Street to Gowings Hill Road aligns with strategies and objectives discussed in the plan. Construction of a bypass route would: • reduce the through traffic volumes, creating the neighbourhood feel and allowing

revitalisation projects to be more effective • It will eliminate or at the very least significantly reduce heavy vehicle movements on the

roadway, improving community safety and improving the neighbourhood feel. • Separate the current conflicts between roads users, making the area much safer, whilst also

reducing the frequency of damage to vehicles. To be fully effective it is recommended that Middleton Street would no longer be a through route and that Gowings Hill Road be realigned to join onto South Street. Otherwise heavy vehicles will continue to use the shortest haul route, as they do now. In order to complete the extension works, it will be necessary for Council to prepare the unformed road so that a new road may be constructed of approximately 750 metres in length. The new section of road will involve one major drainage culvert crossing. In addition to the new work required, Council would be obliged to review the condition currently of South Street as well as construct a formal intersection of the new section of road with Gowings Hill. Based upon an industry accepted unit rate cost $2630/lineal metre (IPART – Local Infrastructure Benchmark Costs, Pg88) the work could cost up to $1.98M. This figure will require further refinement into a proposed budget following investigation and design of the proposed road and related intersection. If the S94 develop contribution plan was to be revised, it would be likely that a significant proportion of the cost of the works could be sourced from future development contributions. Complete development of the rural residential and urban release areas would yield a total of approximately 700 new dwellings. If development were to reach 50% of this amount over the long term, this would result in traffic volumes more than double compared to the current levels. Therefore up to $1M of funding towards the works could be possible from S94 Developer contributions. However, this would leave a future Council with no funds to undertake any other upgrades to the road network to cater for this increased volume of traffic. This would leave almost $1M to be sourced from the Roads Program or general fund if the works were to proceed. Council would need to identify works which may be deferred up to this value in order for the project to proceed. It is expected that this will impact upon works planned for other major arterial roads. To put this in perspective this means that cutting around 20% of the road works planned for the coming year.


Federal Budget: Impact of Financial Assistance Grant Indexation Freeze The Federal Government froze indexation on the primary source of funding to local government, the Financial Assistance Grant. This freeze will be in place for three years and will not be caught up in the future. Council had planned on annual increases of 2.5%. This impacts more in future years, but in the current year reduces income by $82,426. The activities of Council will need to be adjusted to reflect this. It is planned to undertake interim measures to deal with the revenue shortfall for this year while a strategy is developed for how to reduce service levels to meet the shortfall in revenue over the longer term. At this stage it is planned to: • Review funding of projects and support in Economic Sustainability Section. This will impact

on the level of support provided by the Council. • Stop having security services for cash movements from the Visitors Information centre • Defer maintenance on footpath areas to the value of $10,000 • Delay repainting of swimming pools for one year to the value of $12,000. This will defer most

painting projects. These areas may change as further investigation into the options is undertaken, but within the short time frame since the adoption of the budget these are the areas that have been identified.

ITEM 3 BACK CREEK, SOUTH WEST ROCKS – REMOVAL OF THE FINGER WHARF

Delivery Program Activity: (SOD-01-02) Provide recreational activities

Reporting Officer: Director Infrastructure Services


File: F12/982, LA22499

REPORT SUMMARY To provide an update on the planned removal of the finger wharves by NSW Crown Lands as a result of their currently dangerous condition.

2014.115 RESOLVED: Moved: Cl. Shields Seconded: Cl. Green 1 That NSW Crown Lands be requested to defer demolition of the finger wharf and access

ramp structure until arrangements are confirmed for refurbishment or replacement of the facility.

2 That further information be sought on the ability for grant funding programs to support

refurbishment/replacement of the facility.


3 That the Local Member and Minister for Crown Lands be requested to continue to provide a facility at this location or fully fund reconstruction of a facility prior to handing the infrastructure over to Council.

COMMENTARY Council is in receipt of advice from NSW Crown Lands confirming an intention to remove the finger wharf from Back Creek at South West Rocks. The matter was previously considered by the Council at its meeting on 9 June 2009 where the Council resolved: 1 That Council objects to the proposed removal of the finger wharf at Back Creek, South West

Rocks 2 That Council advise the Department of Lands that it is not prepared to enter into a licence for

the finger wharf at Back Creek, South West Rocks. This was subsequently communicated to the NSW Department of Lands in correspondence from Council. NSW Crown Lands has re-approached Council on a number of occasions seeking the transfer of the infrastructure to Council on behalf of the community. A copy of the formal correspondence

between Council and the government related to this matter is contained in (Appendix E – Page 22).

A plan from Council’s GIS system identifying the site and the infrastructure referred to as “the finger

wharf” is contained in (Appendix F – Page 30) for reference.

The current condition of the finger wharf is poor and Council’s Bridge Team has been regularly monitoring the deterioration of the structure in conjunction with the routine inspections on the Back Creek footbridge. The footbridge has previously been handed over by Crown Lands to Council on the basis that the bridge provides public access to the beach as well as support for the treated effluent outlet main from Council’s wastewater treatment works. Council currently is and will continue to be responsible for the long term maintenance and replacement of this bridge as part of its overall asset

portfolio. The ramp and finger wharf identified on the map contained in (Appendix F – Page 30)

were formerly used to support commercial maritime activity in the area and has been disused for many years. It is popular with recreational users of the area. At present, the ramp leading to the finger wharf has been closed by Council in response to a failure of one of the piers and serious concerns regarding the ability of the structure to safely carry loads. A closer detailed inspection of the finger wharf structure has identified further failures occurring due to the age of the structure. Considerable maintenance would be required to allow the structure to

be safely accessed by the community. (Appendix G – Page 31) contains photographs demonstrating the current condition of the finger wharf and ramp structure taken during recent condition inspections. As a result of Council’s action to close the ramp leading to the finger wharf structure, the Department of Crown Lands has moved to commence demolition of the structure and it is expected that this will be undertaken in one to three months’ time. The most recent advice from Crown Lands indicates that Council may be successful in obtaining a grant to establish a fishing platform at the side of the finger wharf to replace this infrastructure. The






information indicates that the funding is not on a match basis and may involve up to 100 per cent of the costs; however, it is more likely to be successful with some level of contribution from the Council.

ITEM 4 MAYORAL AND COUNCILLOR FEES FOR 2014/2015



Effect of Recommendation on Budget: $422 saving (2014/2015)

File: F12/818-02

REPORT SUMMARY Reporting that the Local Government Remuneration Tribunal has made its determination on mayoral and councillor fees for the 2014/2015 year.

2014.116 RESOLVED: Moved: Cl. Patterson Seconded: Cl. Kesby That Kempsey Shire Council mayor and councillor fees payable for the 2014/2015 year be the maximum allowed for regional rural categorised councils as determined by the Local Government Remuneration Tribunal. The Mayor noted that the forgoing resolution was passed UNANIMOUSLY. COMMENTARY The Local Government Remuneration Tribunal (the Tribunal) each year sets the range of fees for all councillors and mayors in NSW. The Tribunal received submissions from councils and Local Government NSW. The Tribunal’s report this year noted the initiatives currently underway to improve the strength and effectiveness of Local Government in NSW. Reference was made to the Independent Local Government Review Panel; Local Governments Acts Taskforce and engagement of NSW Treasury Corporation report on the financial sustainability of Local Government in NSW. The Tribunal’s report

(Appendix H - Page 37) in part concludes: “The Tribunal is required to have regard to the Government’s wages policy when

determining the increase to apply to the minimum and maximum fees that apply to councillors and mayors. The public sector wages policy currently provides for a cap on increases of 2.5 per cent.

The Tribunal has reviewed the key economic indicators, including the Consumer Price

Index and Wage Price Index, and finds that the full increase of 2.5 per cent available to it is warranted. On the basis, having regard to the above, and after taking the views of the Assessor into account, the Tribunal considers that an increase of 2.5 per cent in the fees for councillors and mayors is appropriate and so determines.”



Kempsey Shire Council is listed as a regional rural council. The levels of fees for this category for 2014/2015 are:

Mayor Councillor

Minimum Maximum Minimum Maximum

$17,310 $39,110 $8,130 $17,930

It has been this Council’s past practice to adopt the maximum fee determined by the Tribunal. The 2014/2015 draft budget allows for a mayoral and councillors fees totalling $200,902. The total mayoral and councillors fees payable if the maximum limit was adopted is $200,480.

14 RESCISSION MOTIONS Nil

15 NOTICES OF MOTION Nil

16 DELEGATE REPORTS Nil

17 COMMITTEE REPORTS

18 DELIVERY PROGRAM PERFORMANCE INDICATORS

19 COUNCILLOR QUESTIONS 2014-5-20

WD-05-03 RJS COUNCILLOR SAUL FILE: F12/227-03 QFNM1 Small bus shelter at the race course – is that being used? Can it be moved to Cyrus Saul 2014-5-20

WD-05-03 RJS COUNCILLOR SAUL FILE: F12/227-03 QFNM2 When will the signage be erected on the highway for 24 hour food and fuel in Kempsey?


At this stage 10.00am the meeting adjourned for morning tea and upon resumption at 10.20am all present at the adjournment were in attendance.

20 CONFIDENTIAL ITEMS

2014.117 RESOLVED: Moved: Cl. Saul Seconded: Cl. Williams That Council form itself into the Confidential Session, and at this stage, the meeting be closed to the public to permit discussion of the confidential business items listed for the reasons as stated in the Agenda.

ITEM 18 DEVELOPMENT WITHOUT CONSENT




File: T6-02-109 & LA33166

Section 10A(2)(e) – Maintenance of Law This report is submitted on a confidential basis as it involves information that would, if disclosed, prejudice the maintenance of law (Local Government Act 1993, section 10A (2) (e)). On balance, the public interest in preserving the confidentiality of the information which relates to matters of law, outweighs the public interest in openness and transparency in council decision making by discussing the matter in open meeting. REPORT SUMMARY Reporting that conditions of Development Consent T6-02-109 have not been complied with.

2014.118 RESOLVED: Moved: Cl. Shields Seconded: Cl. Green 1 That the owner be advised that failure to comply with conditions 3, 4 & 22 of development

consent T6-02-109 to the satisfaction of Council within twenty eight (28) days will result in the commencement of Class 4 proceedings in the Land and Environment Court to ensure compliance, including an order as to costs.

2 That the owner be further advised that failure to comply with conditions 12, 13 & 14 of

development consent T6-02-109 to the satisfaction of Council within 90 days (following receipt of approval) will result in the commencement of Class 4 proceedings in the Land and Environment Court to ensure compliance, including an order as to costs.


ITEM 19 DEVELOPMENT WITHOUT CONSENT




File: LA13809

Section 10A(2)(e) – Maintenance of Law This report is submitted on a confidential basis as it involves information that would, if disclosed, prejudice the maintenance of law. (Local Government Act 1993, section 10A(2)(e)) On balance, the public interest in preserving the confidentiality of the information which relates to matters of law, outweighs the public interest in openness and transparency in council decision making by discussing the matter in open meeting. REPORT SUMMARY Reporting on an existing dwelling that has been identified as being erected without Development Consent being granted.

2014.119 RESOLVED: Moved: Cl. Saul Seconded: Cl. Kesby 1 That the owner be requested to either submit evidence that the existing dwelling enjoys

existing use rights or to submit a Development Application for the continued use of the building as a dwelling together with all relevant information required for Schedule 1 of the Environmental Planning and Assessment Act Regulations 2000 to Council within twenty eight (28) days.

2 That the owner be advised that failure to comply with Council’s request within twenty eight

(28) days, will result in the commencement of Class 4 proceedings in the Land and Environment Court to ensure compliance with the Kempsey Local Environmental Plan 2013, including an order as to Council’s costs.

ITEM 20 VARIOUS LEGAL MATTERS




File: F12/250-03

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. REPORT SUMMARY Reporting on the current position regarding legal matters

2014.120 RESOLVED: Moved: Cl. Patterson Seconded: Cl. Green That the information be noted. OPEN COUNCIL

2014.121 RESOLVED: Moved: Cl. Shields Seconded: Cl. Green That the Open Council Meeting be resumed. REPORT OF THE MEETING OF THE COMMITTEE OF THE WHOLE Upon resumption of Open Council, the following Report of the Committee of the Whole was submitted by the General Manager. ADOPTION OF REPORT OF THE COMMITTEE OF THE WHOLE

2014.122 RESOLVED: Moved: Cl. Shields Seconded: Cl. Green That the foregoing recommendations of the Committee of the Whole, as reported by the General Manager, be adopted.

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