minutes of the ordinary meeting of kempsey shire council, 21 august 2018 · motion to resume...

Minutes of the Ordinary meeting of Kempsey Shire Council21 August 2018 commenced at 09:00 am

Ordinary Council Meeting – 21 August 2018

PRESENT:

Councillors E A Campbell (Mayor and Chairman), M J Baxter, L J Hauville, S E McGinn, B J Morris, D F Saul, A T Shields and A J Williams

General Manager, C L Milburn; Director Corporate and Commercial, S M Mitchell; Director Operations and Planning, R A Fish; Manager Governance and Information Services, D S Thoroughgood; and Minute Taker D M Pearson.

2018.189RESOLVED: MOVED: Cl Morris

That Item 15.2 be dealt with immediately

FOR: Cl Shields, Cl Saul, Cl Williams, Cl Campbell, Cl Hauville, Cl MorrisAGAINST: Cl Baxter, Cl McGinn

15.2 WEBCASTING OF COUNCIL MEETINGS

Councillor Bruce MorrisFile No F18/1870Attachments 1. OLG - Draft Model Code of Meeting Practice [15.2.1]

PURPOSE

To amend Councils Code of Meeting Practice to adopt Webcasting Council and Committee meetings with immediate effect. I intend to move the following motion at the ordinary meeting of Council to be held Tuesday, 21 August 2018.

MOVED: MOVED: Cl MorrisSECONDED: Cl Hauville

1. That Council amends its Code of Meeting Practice to incorporate clauses 5.18, 5.19 and 5.20 concerning webcasting of meetings within the Draft Model Code of Meeting Practice.

2. That clause 2.12.1 of Council Code of Meeting Practice be amended to have the words

‘except were otherwise required by this code’ inserted at the end of the clause. 3. That these amendments be implemented with immediate effect. 4. That Council conducts a workshop to consider the inclusion of the non-mandatory clauses

included in the Model Code of Meeting Practice.

COMMITTEE OF THE WHOLE

2018.190RESOLVED: MOVED: Cl McGinn


SECONDED: Cl Baxter

That Council move into Committee of the Whole for discussions related to item 15.2 Webcasting of Council Meetings.

FOR: Cl Shields, Cl Saul, Cl Baxter, Cl Williams, Cl Campbell, Cl McGinn, Cl MorrisAGAINST: Cl Hauville

MOTION TO RESUME COUNCIL MEETING

2018.191RESOLVED: MOVED: Cl Shields

SECONDED: Cl Morris

That the formal Council meeting be resumed.

FOR: Cl Shields, Cl Saul, Cl Baxter, Cl Williams, Cl Campbell, Cl Hauville, Cl McGinn, Cl MorrisAGAINST: nil


SECONDED: Cl Hauville

1. That Council amends its Code of Meeting Practice to incorporate clauses 5.18, 5.19 and 5.20 concerning webcasting of meetings within the Draft Model Code of Meeting Practice.

2. That clause 2.12.1 of Council Code of Meeting Practice be amended to have the words

‘except were otherwise required by this code’ inserted at the end of the clause. 3. That these amendments be implemented with immediate effect. 4. That Council conducts a workshop to consider the inclusion of the non-mandatory clauses

included in the Model Code of Meeting Practice.


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


SECONDED: Cl Shields

That the apology submitted by Cl Patterson for non-attendance at the meeting be accepted and a leave of absence be granted.


4 DECLARATIONS OF INTEREST

Cl Williams declared a pecuniary interest in item 13.2 for the reason that he and his wife made enquiries to customer services about purchasing this land.

Cl Hauville declared a non-pecuniary non-significant interest in item 15.1 for the reason that he lives within 3 NM of the Kempsey Airport.

Cl Morris declared a non-pecuniary non-significant interest in item 15.1 for the reason that he lives within 3 NM of the Kempsey Airport and has family that live within 3 NM of the Kempsey Airport.

5 ASSESSMENT OF ITEMS LISTED FOR CONFIDENTIAL CONSIDERATION

2018.194RESOLVED: MOVED: Cl Saul


That the confidential reports be considered in the confidential section of the meeting.


6 CONFIRMATION OF MINUTES

2018.195RESOLVED: MOVED: Cl Baxter

SECONDED: Cl Williams

That the minutes of the ordinary meeting of Kempsey Shire Council dated 17 July 2018 be confirmed with the following amendments, that;

1 On page 2, Councillor Morris’ vote be changed to recorded that he voted in favour of the motion ‘That the meeting be recorded’.


2 On page 2, following the recording of Declarations of Interest, the fact that Councillor Hauville called a Point of Order (PoO) in relation to Councillor Patterson’s comments regarding Councillor Hauville’s conflict of interest (COI) declaration. That the Mayor upheld this PoO and requested that the comments be withdrawn. Councillor Patterson subsequently withdrew his comments without an apology.

3 On page 3 resolution 2018.168 Councillor Patterson’s CoI declaration in relation to Item 13.7 of the minutes of the ordinary meeting of Kempsey Shire Council dated 26 June 2018 be annotated to confirm that this declaration was made immediately prior to the consideration of Item 13.7.

4 On page 6, following Item 15.2, the fact that Councillor Hauville called a PoO in relation to Councillor Patterson’s comments regarding Councillor Hauville’s CoI declaration concerning Item 15.2, and that the PoO was upheld by the Mayor.


7 CITIZENSHIP CEREMONIES

The following citizens were naturalised; 1 Janisha AUGUSTINE – INDIA 2 Mariano ABIN – INDIA 3 Julie BARKER – PHILIPPINES 4 Nicola MCINTOSH – UNITED KINGDOM 5 Sing Hua YONG - MALAYSIA

At this stage 10:34 am the meeting adjourned for morning tea and upon resumption at 10:53 am all present at the adjournment were in attendance.

8 PUBLIC FORUM AND PRESENTATIONS

8.1 PUBLIC FORUM

1. Ms Sally Ayre-Smith addressed Council speaking in relation to a non-agenda item future agriculture in the Macleay Valley.



That Ms Ayre-Smith be granted an extension of 3 minutes to complete their presentation.



2. Ms Patricia Huckstepp addressed Council speaking in relation to a non-agenda item of assistance for farmers due to drought

8.2 PRESENTATIONS

Presentations of Kempsey Macleay ClubGRANTS Committee represented by Crescent Head Country Club - Michael Baker and Pam Bryant and Kempsey Macleay RSL - Daniel Abela;

Crescent Head Community Garden $1,380 - Amy Bruce and Kylie Reavley

Vision Australia $1,620 - Janet Pope

Home-Start National Inc - Books for Bubs $1,000 - Sheri Foster, Greg Gill, Dale Longmore, Lorna Whitford and Ray Walkden

Life Education NSW $2,000 - (not present)

Epilepsy Action Australia $2,000 – apology (not present)

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



That item 15.1 be brought forward and dealt with immediately and the remaining Agenda Order of Business be adopted.


15.1 KEMPSEY AIRPORT - FURTHER NEGOTIATIONS

Councillor Bruce Morris File No T6-15-381Attachments Nil

PURPOSE


To clarify Councils intentions in relation to further negotiations for the use of Kempsey Airport as a pilot training facility and the conduct of circuit training. We intend to move the following motion at the ordinary meeting of Council to be held Tuesday, 21 August 2018


SECONDED: Cl McGinn

That Council does not undertake any further negotiations for a pilot training facility or circuit training activities at Kempsey Airport until such time as the Noise Management Plan, Fly Neighbourly Agreement and Airport Masterplan has been implemented by Council.


10 CONSIDERATION OF REPORTS RELATING TO PUBLIC FORUM MATTERS

Nil

11 CONSIDERATION OF REPORTS RELATING TO A CONSENSUS MOTION


SECONDED: Cl McGinn

That the recommendations contained in the following items be adopted: 13.7 STATEMENT OF CASH AND INVESTMENTS - JULY 201813.8 2018-19 KPI REPORT13.9 DEVELOPMENT APPROVALS AND CONSTRUCTION CERTIFICATES


13.7 STATEMENT OF CASH AND INVESTMENTS - JULY 2018

Officer Ron Wood, Chief Financial OfficerFile No N/AAttachments 1. July 2018 Investment Details [13.7.1]

2. Investment Performance Chart July 2018 [13.7.2]3. Statement of bank balances [13.7.3]

PURPOSE

In accordance with the Local Government (General) Regulation 2005 (the Regulation), a report on investments is to be provided monthly to Council.



SECONDED: Cl McGinn

That the information be noted.


13.8 2018-19 KPI REPORT

Officer Stephen Mitchell, Director Corporate and CommercialFile No F18/1908Attachments 1. 2018-19 Key Performance Indicators - August 2018 [13.8.1]

PURPOSE

To provide an update on performance against the 2018-19 key performance indicators (KPIs) as at 31 July 2018.


SECONDED: Cl McGinn

That the report be noted.


13.9 DEVELOPMENT APPROVALS AND CONSTRUCTION CERTIFICATES

Officer Graham Snow, Manager Development and ComplianceFile No F18/2395Attachments Nil

PURPOSE

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


SECONDED: Cl McGinn




12 MAYORAL MINUTES

Nil

13 STAFF REPORTS

13.1 DETACHED DUAL OCCUPANCY AND SUBDIVISION - 17 FIRST AVENUE, STUARTS POINT

Officer Marnie Jeffery, Town PlannerFile No T6-18-177Attachments 1. Proposed Plans T 6-18-177 [13.1.1]

2. T 6-18-177 Draft Conditions [13.1.2]

PURPOSE

To recommend a consent be granted for development application T6-18-177, which seeks to establish a Detached Dual Occupancy and Subdivision (one lot into two lots) at 17 First Avenue, Stuarts Point (Proposed Plans T6-18-177).

Applicant: Dixonbuild Pty LtdOwner: Mr G Forslund and Mrs J ForslundProperty: Lot 162 DP752438, 17 First Avenue Stuarts PointZone: RU5 - Village


SECONDED: Cl Saul

That consent be granted for development application T6-18-177, which seeks to establish a Detached Dual Occupancy and Subdivision (one lot into two lots) at 17 First Avenue, Stuarts Point, subject to the conditions contained in the attachment (T6-18-177 Draft Conditions).


13.2 T6-18-192 DWELLING AT GREENHILL

Officer Shane Reinhold, Town PlannerFile No T6-18-192Attachments 1. T 6-18-192 Plans [13.2.1]

2. T 6-18-192 Conditions of Consent [13.2.2]


3. T 6-18-192 D P 863942 [13.2.3]4. T 6-18-192 Applicant's Variation Request [13.2.4]5. T 6-18-192 DPE Letter [13.2.5]

PURPOSE

To recommend a consent be granted for development application T6-18-192, which seeks consent for a dwelling at 316B River Street, Greenhill see attachment T6-18-192 Plans. A variation greater than 10% to the minimum lot size development standard under Kempsey Local Environmental Plan (KLEP) 2013 is sought.

Applicant: Mr D KilpatrickProperty: Lot 2 DP863942 - 316B River Street, Greenhill Zone: RU1 Primary Production

At this stage 11.12am Councillor Williams declared a significant interest in item 13.2 for the reason that he and his wife have made enquiries to Customer First about purchasing this land and retired from the Chamber.


SECONDED: Cl Saul

That Council: 1 Support the requested variation to Clause 4.2A of KLEP 2013; 2 Grant development consent for development application T6-18-192 for a dwelling at 316B

River Street, Greenhill, subject to the conditions contained in the attachment (T6-18-192 – Conditions of Consent); and

3 Authorise the withdrawal of the terms of restriction referred to thirdly and fourthly in

Deposited Plan 863942, being restrictions relating to the Non-Directional Beacon.

FOR: Cl Shields, Cl Saul, Cl Baxter, Cl Campbell, Cl Hauville, Cl McGinn, Cl MorrisAGAINST: nil

13.3 DEVELOPER CONTRIBUTION MORATORIUM - SUBDIVISION CERTIFICATE T6-16-86

Officer Marnie Jeffery, Town PlannerFile No T6-16-86 and T6-16-251Attachments 1. Submission - Continuance of Developer Contribution Moratorium [13.3.1]

PURPOSE

Recommending a variation to Council's Developer Contributions Moratorium – Townships of Kempsey and Frederickton Procedure (Moratorium Procedure) in relation to consent (T6-16-86


Rev01) for a two (2) lot subdivision and consent (T6-16-251) for a Multi Dwelling Housing and Strata Subdivision for four (4) dwellings on the subject site, Lot 62 DP870317, commonly referred to as 54-56 Lachlan Street in South Kempsey.

Applicant: Mr David Robinson / Hadlow Design ServicesOwner: Mr David Robinson and Mr Duane RobinsonProperty: Lot 62 DP870317, 54-56 Lachlan Street, South KempseyZone: B4 – Mixed Use

Councillor Williams returned to the Chamber.


SECONDED: Cl McGinn

1 That the Developer Contributions Moratorium – Townships of Kempsey and Frederickton be varied to apply to DA T6-16-86 and T6-16-251.

2 That public notice of Council's resolution be publicly notified in accordance with Section 356

of the Local Government Act, 1993.

3 To vary the developer contribution moratorium to include any other land that was eligible (modified under LEP Ammendment No. 15) at the time of adoption of the Developer Contribution Moratorium - Townships of Kempsey and Frederickton


13.4 MACLEAY VALLEY ECONOMIC DEVELOPMENT & TOURISM COMMITTEE

Officer Gayleen Burley, Manager Commercial BusinessFile No F12/1860Attachments 1. Economic Development Tourism Committee Charter [13.4.1]

PURPOSE

To establish a Macleay Valley Economic Development and Tourism Committee to assist Council to collaborate with business and industry leaders in the development and implementation of a new Economic Development Strategy (including Destination Management Plan).


SECONDED: Cl Shields

That Council: 1 Establish via a formal Expression of Interest the Macleay Valley Economic Development and

Tourism Committee; and


2 Endorse the Macleay Valley Economic Development and Tourism Committee Charter; with

the addition of tourism to and a 2 yearly cycle


13.5 MATTERS IN PROGRESS

Officer Stephen Mitchell, Director Corporate and CommercialFile No F18/1930Attachments 1. Matters In Progress Summary - 2018 August 15 [13.5.1]

PURPOSE To update Councillors on the progress of resolutions of Council.

MOVED: MOVED: Cl McGinnSECONDED: Cl Williams

That the information be noted, with the following amendments:

1 Item 267, remove due to today's Notice of Motion,

2 Item 276, remove,

3 Item 282, wording should be "will be", not "were",

4 Item 283, the resolution is incorrect; in future reports to be corrected, and

5 Item 287, not be removed

COMMITTEE OF THE WHOLE


SECONDED: Cl Morris

That Council move into Committee of the Whole for discussions related to item 13.5 Matters In Progress.





SECONDED: Cl Morris

That the ordinary Council meeting in Open Meeting be resumed.


An AMENDMENT was MOVED: MOVED: Cl HauvilleSECONDED: Cl Saul


1 Item 267, remove due to today’s NOM

2 Item 276, remove

3 Item 282, wording should be "will be", not "were"

4 Item 283, the resolution is incorrect; in future reports be corrected


6 Item 168, not be removed until a standalone report is provided

7 Item 273, not be removed until a standalone report is provided

FOR: Cl Saul, Cl HauvilleAGAINST: Cl Shields, Cl Baxter, Cl Williams, Cl Campbell, Cl McGinn, Cl Morris

The AMENDMENT was PUT to the Meeting and was LOST.




1 Item 267, remove due to today's Notice of Motion,

2 Item 276, remove,

3 Item 282, wording should be "will be", not "were",

4 Item 283, the resolution is incorrect; in future reports to be corrected, and




13.6 FEE FOR PRIVATE APPLICATIONS FOR THE CLOSURE OF COUNCIL ROADS

Officer Robert Fish, Director Operations and PlanningFile No F18/1847Attachments Nil

PURPOSE

Council's Schedule of Fees & Charges 2018-19 is recommended to be updated to include a new fee for a private application to close a Council road due to the need for a status report to be obtained. This is required as a result of the commencement of the Crown Lands Management Act 2016 and changes to the Roads Act 1993.



That Council place the fee of $330 GST inclusive for a status report related to a private request to close a Council road on public exhibition for 28 days and that this fee be adopted following this period if no objections are received.


14 RESCISSION MOTIONS

Nil

15 NOTICES OF MOTION

16 DELEGATES REPORTS

16.1 NATIONAL GENERAL ASSEMBLY 2018 Officer Mayor Liz Campbell File No F12/1997 Attachments Nil

PURPOSE

Reporting on the outcomes of the National General Assembly 2018 held in Canberra from 17-20 June 2018.


2018.210RESOLVED: MOVED: Cl Campbell

SECONDED: Cl Morris



17 COMMITTEE REPORTS

Nil

18 DELIVERY PROGRAM PERFORMANCE INDICATORS

Nil

19 COUNCILLOR QUESTIONS

Councillor A T ShieldsQFNM1Community members are concerned about the amount of graffiti occurring at the South West Rocks Skate Park. What can be done to reduce this graffiti? It was suggested to publicise graffiti tags so that the offenders can be identified.

Councillor B J Morris QFNM1Given the General Managers answer to a QFNM at the April 2018 meeting in relation to aircraft fuel at the Kempsey Airport, being ‘The General Manager advised that the fuel does not have a shelf life, it will not become unusable over time and appropriate de-watering is taking place.’ What caused the AvGas to expire as reported to a QFNM from the July 2018 Council Meeting? Was the advise given to Council at the April 2018 meeting incorrect?

Councillor B J Morris QFNM2In relation to the expired AvGas at the Kempsey Airport fuel installation, what quantity of fuel has expired? What was the purchase price of that fuel? What is the anticipated cost to dispose of this fuel?

Councillor B J Morris QFNM3It is apparent that additional works are being undertaken to make the new fuel installation at Kempsey Airport compliant. Why were these works not included in the original scope of works? What is the scope (extent) of the works required to make the fuel installation compliant? What is the projected cost of these works? Is there a budget for these works within the operating plan and are these works within budget allocation?


Councillor B J Morris QFNM4What is the anticipated date for the art installation at the Frederickton roundabout? When will details of these works be advised to the community?

Councillor L J Hauville QFNM1Will Council ascertain whether there is an Australian standard requirement for road line-marking paint which is required for semi-autonomous vehicles using lane-keeping technology? If there is a standard, does the KSC contractor for road line-marking using such paint?

Councillor L J Hauville QFNM2Was the GHD report: Kempsey Shire Council Kempsey Cinema Cost Benefit Analysis November 2017 page 5 Section 1.6.1 correct in stating that a local builder had been given the contract for construction of the Cinema at the time of the publication of this document?

Councillor L J Hauville QFNM3What are the estimated costing of decommissioning and rehabilitating the site of the old fuelling system at Kempsey Airport? What would be the approximate time frames for these two actions and what source of funding is envisaged?

20 CONFIDENTIAL ITEMS

2018.211RESOLVED: MOVED: Cl Saul


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.


20.1 CENTRAL KEMPSEY WASTEWATER TREATMENT PLANT - REVISED PROCUREMENT MODEL

Officer Wes Trotter, Manager Water & SewerFile No F18/1234 F18/1235 LA216 LA217 LA32298

Section 10A(2)(c) – Commercial Advantage in Business Dealing

This report is submitted on a confidential basis as it involves information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business. (Local Government Act 1993, section 10A(2)(c))


On balance, the public interest in preserving the confidentiality of the advice, outweighs the public interest in openness and transparency in council decision making by discussing the matter in open meeting.

PURPOSE

Report on the proposed procurement model for the Central Kempsey Wastewater Treatment Plant.

2018.212RESOLVED: MOVED: Cl Hauville

SECONDED: Cl Morris

That Council:

1 No longer pursues a single supplier procurement model involving Aquatec Maxcon for the provision of “Owner’s Engineer/Design Input Services” of the Central Kempsey Wastewater Treatment Plant

2 Completes a reference design, for the purposes of informing and ensuring competition

during the tendering process for construction, based on the Sequence Batch Reactor process

3 Invites expressions of interest for the construction of the Central Kempsey Wastewater Treatment Plant, allowing for alternative design proposals to be submitted

4 Receive a report on the outcome of the expressions of interest process for endorsement

prior to inviting tenders from the selected (shortlisted) persons

5 That the funding model with sources and timeframes be reported to a future Council meeting as soon as ascertained


20.2 LEGAL MATTERS

Officer Daniel Thoroughgood, Manager Governance & Information ServicesFile No F12/1960

Section 10A(2)(g) – Legal Proceedings

This report is submitted on a confidential basis as it involves advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege. (Local Government Act 1993, section 10A(2)(g))

On balance, the public interest in preserving the confidentiality of the advice, outweighs the public interest in openness and transparency in council decision making by discussing the matter in open meeting.


PURPOSE

Reporting on the current position regarding legal matters.



That the information be noted



2018.214RESOLVED: MOVED: Cl Hauville

SECONDED: Cl Saul

That the ordinary Council meeting in Open Meeting be resumed.


21 CONCLUSION

There being no further business, the Mayor then closed the meeting, the time being 12:25 pm.

minutes of the ordinary meeting of kempsey shire council, 21 august 2018 · motion to resume...

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