minutes - ordinary council meeting of kempsey shire council… · 2015-06-11 · that the minutes...

MINUTES OF THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL Tuesday 13th May 2003 commencing at 9:04 a.m. PRESENT: Councillors J A C Hayes, (Mayor and Chairman), J H Bowell, R J Bowen, T

Hunt, N Joukhadar B R Sowter and J Sproule. General Manager, A V Burgess; Director Engineering, K J Finnie; Director

Environmental Services, B W Casselden; Director Corporate and Community Services, T I Hannam; Acting Director Business Enterprises, Glenn Pearson; Ken Woods, Jennifer Colling and Donna Pearson.

APOLOGIES: 2003. 379 RESOLVED: Moved: Cl. Hunt Seconded: Cl. Sproule That the apologies submitted by Councillor Parkinson and Ms Colleen

Campbell for non-attendance at the meeting be accepted and leave of absence granted.

MINUTES OF THE ORDINARY MEETING OF KEMPSEY SHIRE

COUNCIL DATED 8TH APRIL 2003 2003. 380 RESOLVED: Moved: Cl. Sowter Seconded: Cl. Bowell That the Minutes of the Ordinary Meeting of Kempsey Shire Council dated 8th

April 2003, be adopted subject to the response to the Question Without Notice by Councillor Bowell reading that the Mayor would seek an appointment with the Minister for Fisheries to discuss the position of the Macleay River.

MINUTES OF THE EXTRAORDINARY MEETING OF KEMPSEY

SHIRE COUNCIL DATED 22ND APRIL 2003 2003. 381 RESOLVED: Moved: Cl. Bowell Seconded: Cl. Sproule

THIS IS PAGE 1 OF THE FULL TEXT MINUTES OF THE ORDINARY MEETING OF THE KEMPSEY SHIRE COUNCIL HELD ON TUESDAY 13TH MAY 2003. ………………………………. MAYOR


That the Minutes of the Extraordinary Meeting of Kempsey Shire Council dated 22nd April 2003, be adopted

PUBLIC FORUM

1 - Ms Moyra Collett addressed Council regarding naming of bridge over Toorumbee Creek DE2.

2 - Mr Neil Richards addressed Council regarding DE1 Point

Plomer Road. 3 - Mr Rick Lancaster addressed Council regarding DES 9 Goulds

Lane, Sand Quarry. CONSIDERATION OF LATE REPORTS 2003. 382 RESOLVED: Moved: Cl. Bowell Seconded: Cl. Sproule That the late reports be considered in conjunction with the relevant

Director’s reports. Rescission Motion and the Minutes from Extraordinary Meeting 12th May 2003.

CONSIDERATION OF REPORTS RELATING TO

PUBLIC FORUM – Reports DE2, DE1. DE 2 BRIDGE NAMING FILE: B6-2 KJF {Folio No. 253771} SUMMARY: Reporting on a request to name a bridge.

The Willi Willi Warbro Brook Roads Access Committee has responded to a suggestion made at the opening of the bridge at Moparrabah to find an appropriate name for the bridge. Only four bridges have been officially named within the Shire: - Major Oakes Bridge, over the Macleay River on Smithtown Road at

Smithtown. - Nurse Kirkpatrick Bridge over Nulla Nulla Creek on Nulla Nulla Creek

Road near Bellbrook. - Berthold Bridge over the Macleay River on Temagog Road at

Temagog.


- Peter Mainey Bridge over the Macleay River on Toorooka Road at

Toorooka. The naming of bridges is an option available to Councils, particularly on the local road network. For Regional or State Roads, the concurrence of the Roads and Traffic Authority would be required. The Guidelines of the Geographical Names Board are usually followed, particularly when ascribing names of living persons (ie. “only in very exceptional circumstances). The Willi Willi Warbro Brook Roads Access Committee has sought community input to the naming of the bridge over Parrabel Creek on Willi Willi Road at Moparrabah. Their preferred name for this bridge is Toorumbee Creek Bridge. A copy of their letter is attached at (Appendix A) This name may lead to confusion, due to the conflict with the Moparrabah locality and the correct creek name being Parrabel Creek. It is felt that Council needs to develop a policy on naming of bridges similar to the policy on streets naming. The comments and/or support of the Macleay River Historical Society and the Kempsey Aboriginal Lands Council should also be sought. A draft policy is attached at (Appendix B). If Council was of a mind to support the name proposed by the Committee it would seem appropriate to seek comments from both groups prior to final adoption. If not, the comments from either group may assist Council in its deliberations. Financial Implication There are no financial implications from the following recommendation.

Director Engineering Recommendation:

That comments be sought from the Macleay River Historical Society and the Kempsey Local Aboriginal Lands Council on the proposal to name the bridge over Parrabel Creek on the Willi Willi Road at Moparrabah the Toorumbee Creek Bridge.

2003. 383 RESOLVED: Moved: Cl. Bowell Seconded: Cl. Sowter

1 That the bridge be named Toorumbee Creek Bridge. 2 That Council investigate the history of naming of Parrabel

Creek with a view to renaming it Toorumbee Creek. 3 That Council develop a Policy of naming bridges to avoid

confusion in the future. DE 1 POINT PLOMER ROAD FILE: R POINT PLOME KJF (NRN) {Folio No. 253770}


SUMMARY: Reporting on the condition of Point Plomer Road.

On Monday, 28th April 2003, an inspection of Point Plomer Road was undertaken. Significant rain, combined with holiday traffic over the Easter School Holidays, has led to a severe decline in surface condition. In a number of places, scouring has caused major rutting across the road and in others, major potholing is evident. This is to be expected on any gravel surface with high traffic volumes. The road, whilst uncomfortable, was not unsafe and could be safely negotiated if drivers proceeded in accord with the prevailing road conditions. Council’s Road Maintenance crew has been directed to the area to provide the required maintenance and, subject to the wet weather clearing from the coastal strip, will commence work during the week ending 9th May 2003. Maintenance has been provided to Point Plomer Road during the Christmas School Holidays and again in early March following the storms in late February. Natural Disaster Funding has been sought for the restoration of damages from the February rains. Expenditure on this road would be in the order of $55,000 per year for maintenance alone. As well, Council has committed the following money for resheeting: Year Funds Funding Source 2000/01 $ 40,000 Revenue 2001/02 $ 44,000 Revenue $ 60,000 Roads to Recovery 2002/03 $ 50,000 Revenue TOTAL $194,000 A further $50,000 is proposed for 2003/04. The estimated cost to provide a better gravel pavement for the entire length of Point Plomer Road is in the order of $450,000 with a further $80,000 to improve drainage at the worst locations. However, because of the high traffic volumes along this road this is only a short-term solution. As reported to Council previously, the better option would be to provide a sealed road, particularly in the worst locations ie. the first 1.75 km’s south from the end of the existing seal and the 2 km’s from around the bends before Racecourse Headland towards the existing seal at Delicate Camping Ground. The estimated cost of such sealing would be $150,000 per km, totalling $555,000. Research on Rural Road safety indicates that there is a 40% increase in risk of a crash on a gravel road compared to a sealed road. (Source Australian Automobile Association).


Point Plomer Road has significant traffic volumes with average daily traffic volumes of 260 vehicles/day at off-peak times, to an average volume of 1,100 vehicles/day, and peaking at 1,375 vehicles/day, during the 2001 Christmas Week and averaging 825 vehicles/day in January 2003. The Regional Manager of the National Parks and Wildlife Service advised that to date, 3,568 receipts have been issued for campers this financial year (some of whom will have accessed from Port Macquarie) plus 446 Day Use receipts. The National Parks and Wildlife Service use the road daily. With such high traffic volumes the continued maintenance of this road as a good standard gravel road will always be difficult and relatively expensive. With no additional funds provided by Council, standard maintenance will be afforded, to the limit of the funds available.

Financial Implication There are no financial implications from the following recommendation. Director Engineering Recommendation:

That the information be noted. MOVED: Moved: Cl. Bowell

Seconded: Cl. Bowen

1 That there be an additional $150,000 for drainage and re-sheeting on Point Plomer Road principally in the first 1 to 1.5 kilometres and to include the S bends.

2 That a submission be prepared to Mr Andrew Stoner, Mark Vaile,

the Minister for Tourism and the Minister for Roads with the possibility of Point Plomer Road being recognised as a tourist road and those areas as potential black spots.

3 That the National Parks and Wildlife Service be approached to

contribute to the upgrade of Point Plomer Road. 2003. 384 RESOLVED: Moved: Cl. Joukhadar Seconded: Cl. Hunt

1 That the first 1.75 kms south, from the end of the existing seal, be sealed and the 2 kms, from around the bends before Racecourse Headland, be sealed to the existing seal at Delicate Camping Ground and funded with loan funds to the total of $555,000 in the 2003/2004 Budget.

2 That the current Budget set for major gravel re-sheeting for those

sections be used to fund the loan repayments. 3 That Council make a submission to Mark Vaile, the Minister for

Trade for the purpose of making Point Plomer Road as a tourist road and seek funding for the areas mentioned from the Federal Government’s Black Spot Program.


4 That Council approach the Minister for the Environment in support of the submission by Mr Andrew Stoner in respect to the need for funding to upgrade Point Plomer Road.

5 That Dr Heather Williams at Crescent Head be advised of

Council’s decision.

Councillor Sproule recorded her vote against the foregoing Resolution.

DES 9 GOULDS LANE SAND QUARRY, CLYBUCCA FILE T20-81-238 AJC {Folio No. 253765}

SUMMARY: Reporting that the sand quarry operation is not complying with a condition of

development consent during occasional peak supply periods.

Council on the 28 January 1982 issued conditional development consent for the establishment of a sand quarry operation off Goulds Lane, Clybucca. A copy of that development consent is appended to this report as (Appendix K)

Mr and Mrs Wingrove made contact with Council’s Environmental Services Department concerned at the dust being generated along Gould’s Lane as a result of the haulage operations associated with the sand quarry development and the impact that was having on their lifestyle. . Council’s Environmental Services Department wrote to Mr Lancaster the quarry owner, and an onsite meeting followed with Mr Wingrove, Mr Lancaster and a Council officer present. At that meeting Mr Lancaster acknowledged the dust being generated by the trucks and the need to address that issue. At that time it was agreed by all the parties present that bitumen sealing approximately 135 metres of Goulds Lane east of the existing end of bitumen adjacent to Mr and Mrs Wingrove’s entrance was the most practical solution to be undertaken by the quarry development. Mr Lancaster agreed to obtain quotes for this work. Council staff met again with the Mr Lancaster and his civil contractor onsite to specify Council’s minimum requirements. The quotation ($12,800 without bitumen sealed wearing surface) for the pavement work was then finalised for Mr Lancaster. The quarry owner sought a contribution from Council based upon traffic being generated by residents. A letter was forwarded to Mr Lancaster advising Council would not contribute to this work on the grounds that the dust problem was being generated by his development and that he should comply with the condition 1 of the development consent. Mr Lancaster wrote again to Council stating that he was not wholly responsible for the entire cost of resolving Mr Wingrove’s problem.


Issue The quarry owner states, “ the dust problem and the reconstruction of the 130 metres are obviously two separate issues. Our DA approval conditions, makes no reference to road reconstruction.” The issue in this case is whether the applicant has complied with condition 1 of the development consent as issued in 1982, which states: - The activity is not to interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, or grit, oil or otherwise. Discussion The activity for which Council gave consent was for the quarrying of sand. The Environmental Impact Statement prepared for this development recognised the haulage route as an integral component of the sand quarrying operation. Therefore the activity includes not only the extraction process within the property but the associated haulage along Goulds Lane, a dedicated and Council maintained road. The Quarry owner has provided Council with the following data in respect to the sand quarry operation: - a. There has been on average one truck movement per working day

since the quarry opened for business until 2002, not counting the supply of Endeavour Park Residential Subdivision (South West Rocks) in the early 1990’s.

b. In the last 12 months there have been 2 truck movements per day, not

including the sand fill for the South West Rocks garbage tip. c. A 100 metre section of Goulds Lane east of the Wingrove property

was bitumen sealed in the early 1980’s by the then quarry operator. This bitumen wearing surface reverted to gravel after the Endeavour Park Residential Subdivision was complete.

This office received further advice about the dust nuisance from the Wingrove’s in late October 2002. By that time the average truck movements from the sand quarry had doubled from 1 to 2 per day and the haul for the South West Rocks tip site project began giving an artificial peak and raising the average during that year from 2 trucks per day to 3.78 trucks per day (maximum allowed 8 per day). What caused the dust problem in 2002 was the peak haulage over a very short period of time, possibly up to 15 trucks per day. It should be noted that the only other peak during the life of the quarry to date was in the early 1990’s and any potential dust problem was averted as the quarry operator at the time already had in place a bitumen seal over the section east of the Wingrove’s dwelling, which remained intact for the duration of the project.


In conclusion the dust problem was generated as the historical extraction level increased usually coinciding with an unexpected peak, during a one off project at a time when no effective ameliorating measures were in place. Condition 1 of the development consent requires the quarry owner not to interfere with the amenity of the locality by reason of the emission of dust. Options The following measures could be employed by the quarry owner during occasional peak supply periods to ensure compliance with condition 1 of the development consent requiring the activity not interfere with the amenity of the locality by reason of the emission of dust: - 1. Upgrade the gravel pavement east of the existing end of bitumen

pavement near Wingrove’s for at least 100 metres to allow bitumen sealed wearing surface to be applied, at full cost to the quarry development. The quarry owner had agreed during onsite discussions with this office that this was the most practical option available at this time; or

2. Provide a suitably sized water cart to be stationed at this site for the

full duration of any peak supply period regardless of the clients supply or timing needs. This is not a preferred option as demonstrated during this last peak, when there was confusion as to haulage times and availability of the water cart which directly contributed to the dust problem.

Option 1 affords the affected property owner the most protection and the responsibility for providing this construction clearly rests with the quarry development and not Council.

Director Environmental Services Recommendation:

The quarry Owner to be advised that Option 1 is to be implemented once the current number of haulage trucks exceeds 2 per day in order to comply with condition 1 of the development Consent issued on the 28 January 1982 requiring the activity not to interfere with the amenity of the locality by reason of the emission of dust.

2003. 385 RESOLVED: Moved: Cl. Sowter Seconded: Cl. Sproule

That the report be deferred until the next meeting due to the reason raised by Mr Lancaster in Public Forum as he may be submitting a development application for this area.

At this stage 10:33 a.m. the Meeting adjourned for Morning Tea and upon resumption at 11.00 a.m. all present at the adjournment were in attendance.


At this stage, Mr Terry Clout and Murray Spriggs from the Mid North Coast Area Health Services addressed Council regarding Kempsey District Hospital issues and answered questions from Councillors.

ADOPTION OF AGENDA ORDER OF BUSINESS 2003. 386 RESOLVED: Moved: Cl. Sproule Seconded: Cl. Hunt That the Agenda Order of Business be adopted.

MAYORAL MINUTE

M1 GENERAL MANAGER’S PERFORMANCE REVIEW FILE: S10-13 JACH (NRN) {Folio No. 253746} SUMMARY: Advising Council that a Quarterly Performance Review of the General Manager was held on 8th April 2003.

On the 8th April the General Managers Performance Review Committee comprising Councillors Bowen, Hunt, Joukhadar and myself carried out a Quarterly Performance Review of the General Manager for the quarter ending 31st March 2003. The report submitted by the General Manager to the Committee is outlined in (Appendix A) The Committee received the report on the General Managers Performance Review and advises Council that the General Manager demonstrates the required level of competency to manage the affairs of Council. Financial Implications There are no financial implications arising from this report.

2003. 387 RESOLVED: Moved: Cl. Sowter Seconded: Cl. Hunt

That Council ratify the outcome of the General Managers Performance Review Committee report.

M2 PLANNING COMMITTEE FILE: C18-25 JACH (NRN) COPY:APC {Folio No. 253747} SUMMARY:


Reporting on the need for a planning committee.

I’ve been concerned for some time about the length of our ordinary council meetings.

It seems to me that the section which has increased in both volume and complexity is that of the Director of Environmental Services. This is due to many reasons, not the least of which is seemingly continuous new legislation governing development applications and planning issues. The majority of speakers in the public forum generally relate to reports contained in this part of the business paper.

Financial Implications

The financial implications arising from this report are the additional costs of meals and travelling expenses estimated to be $5,000.

Mayoral Recommendation:

1. That a Planning Committee of the full Council, with delegated authority, be established.

2. That the Planning Committee meet on the Tuesday prior to the

ordinary Council meeting each month to deal with reports from the Director of Environmental Services and that the public forum relating to those items be heard also on that day.

3. That any planning issues requiring a works inspection be carried

out during the week leading up to the ordinary council meeting MOVED: Moved: Cl. Sproule

Seconded: Cl. Joukhadar That Council establish the Planning Committee of the full Council, with delegated authority and meet on the last Tuesday of the month commencing at 5.00 p.m.

An Amendment was MOVED: Moved: Cl. Sowter Seconded: Cl. Joukhadar That Council establish the Planning Committee of the full Council, with

delegated authority and meet on the Monday prior to Council’s Tuesday Ordinary Meeting commencing at 9.00 a.m. to deal with Development Applications only and hold any work inspections at the conclusion of the Committee Meeting.

The AMENDMENT was PUT to the Meeting and was LOST.

An Amendment was MOVED: Moved: Cl. Bowell Seconded: Cl. Bowen


That Council establish the Planning Committee of the full Council, with delegated authority and meet on the fourth Tuesday of the month at 9.00 a.m., commencing 27th May 2003.

The AMENDMENT was PUT to the Meeting and was LOST.

An Amendment was moved: Moved: Cl. Hunt Seconded: Cl. Bowell

1. That a Planning Committee of the full Council, with delegated authority, be established.

2. That the Planning Committee meet on the fourth Tuesday of each

month commencing in June at 9.00 a.m., to deal with reports from the Director of Environmental Services covering all Planning Matters and that the public forum relating to those items be heard also on that day.

3. That any planning issues requiring a works inspection be carried

out during the week leading up to the ordinary Council meeting.

2003.388 The AMENDMENT was PUT to the MEETING and was CARRIED, became the MOTION and was CARRIED.

M3 MAYORAL ENGAGEMENT FOR APRIL/MAY FILE: C18 – 25 JACH (NRN) {Folio No. 253748} SUMMARY: Reporting on the Mayor’s engagement for since the last Council meeting on the 8th April 2003.

Wednesday 9th April

• Visited Willawarrin Public School to speak to the students • Rotary Opening Ceremony at the Kempsey District Hospital

Thursday 10th April

• Annual Anzac Commemoration Service at Kempsey High School

Friday 11th April • Community Housing Meeting • Meeting with ratepayer • Opening of the renovated Crescent Head Country Club

Monday 14th April

• Saleyards Committee Meeting at the Saleyards

Tuesday 15th April • Resource NSW at Cessnock

Wednesday 16th April


• Resource NSW at Cessnock

Thursday 17th April • Hand Made on the Macleay Launch at Netherby House

Wednesday 23rd April

• Meeting with the Chain Reaction Foundation Representative in the Committee Room

Wednesday 28th May

• Coastal and Estuary Committee Meeting

Wednesday 30th May • Premiers Department Meeting re: Community Solutions

Saturday 3rd May

• Hat Head Surf Life Saving Club Annual Presentation Night

Sunday 4th May • Fly to Sydney for Resource NSW

Monday 5th May

• Resource NSW meeting at Sydney

Tuesday 6th May • Resource NSW meeting at Sydney

Thursday 8th May

• Red Cross Morning Tea at Netherby House • Meeting with ratepayer • Meeting with Jim Atkins - Telstra

Friday 9th May

• B Doubles Inspection • Official Opening of Wonderland Framing Art Gallery

Saturday 10th May

• Official Opening of the Sale yards Roof Cover • McHappy Day at McDonalds

Monday 12th May

• Extra Ordinary meeting of Council

Tuesday 13th May • Ordinary Meeting of Council

As well as the day to day functions of the position.

2003. 389 RESOLVED: Moved: Cl. Bowell Seconded: Cl. Hunt That the information be noted.


MAYORAL SUPPLEMENTARY MINUTE M4 CENTENARY OF FEDERATION MEDALS FILE: C18 - 25 JACH (NRN) {Folio No. 253887} SUMMARY:

Reporting on the Councillor and staff recipients of the Centenary of Federation Medal.

Councillors Terry Hunt and Jenny Sproule, Steve Read Tourism Manager and Jo McGoldrick Executive Assistant were the proud recipients of the Centenary of Federation Medal recently announced by the Federal Government. This group of Councillors and staff were awarded the Medal in recognition of their service to the Centenary of Federation celebrations and were all members of the Local Centenary of Federation Committee (a 355 Committee of Council). Achievements of the committee included involvement in ‘An Evening in 1901’ at the Kempsey Museum, the National Peoplescape Project and a Civic Reception for Operation Pilgrimage at South West Rocks.

Financial implications of this report The financial implications of this report nil.


That the Councillors and staff recipients of the Centenary of Federation Medal be congratulated on their achievement. NOTICE OF MOTION FILE: D5-2 KJF (NRN) {Folio No. 253749}

2003. 391 MOVED: Moved: Cl. Bowen Seconded: Cl. Sowter

1 That the Director of Engineering investigate sources of funding including Roads to Recovery funding to finance the construction of bitumen sealed dish drain on the western side of Sherwood Road, from the end of the kerb and gutter to the gully at the bottom of the hill and the same or an acceptable alternative from the end of kerb and guttering to the bottom of the hill on the eastern side.

2 The work to be carried out as soon as possible.


2003. 392 An AMENDMENT was MOVED: Moved: Cl. Joukhadar Seconded: Cl. Sowter

1 That the Director of Engineering investigate sources of funding including Roads to Recovery funding to finance the construction of bitumen sealed dish drain on the western side of Sherwood Road, from the end of the kerb and gutter to the gully at the bottom of the hill and the same or an acceptable alternative from the end of kerb and guttering to the bottom of the hill on the eastern side.

2. That a report be submitted to Council as soon as possible. 2003.393 The AMENDMENT was PUT to the MEETING and was CARRIED, became

the MOTION and was CARRIED.

NOTICE OF MOTION - 2 FILE: R8-19 NJT (NRN) {Folio No. 253751}

2003. 394 RESOLVED: Moved: Cl. Bowen Seconded: Cl. Hunt That the Department of Education be requested to comment on the

OH&S implications arising from their acceptance of the present arrangement for the delivery and pickup of students at Aldavilla School and that they investigate the options of a off street drop off and collection facility at the rear of the school.

NOTICE OF MOTION - 3 FILE: C18-2 AVB (NRN) {Folio No. 253752}

2003. 395 RESOLVED: Moved: Cl. Bowell Seconded: Cl. Sowter That a meeting be arranged with Nambucca Shire Council for the

purpose of discussing matters of mutual interest, including, but not restricted to:

• Pacific Highway Upgrade • Hospital and Community Health Centres • Regional Saleyards • Airport • Bridge – South West Rocks/Stuarts Point • High School at South West Rocks • Macleay and Nambucca River • Economic Development and Tourism • Utilisation of Services and Equipment • Boundary REFORM.


NOTICE OF MOTION - 4

FILE: T7 NJT (NRN) {Folio No. 253750} 2003. 396 RESOLVED: Moved: Cl. Bowell Seconded: Cl. Bowen That the Inspector of Police be requested to investigate, and, take the

necessary action to control, the speed of vehicles in Middleton Street Kempsey.

NOTICE OF MOTION - 5 FILE: C1-2 GBS (NRN) {Folio No. 253753}

2003. 397 RESOLVED: Moved: Cl. Bowell Seconded: Cl. Joukhadar

That Council make application to the Caravan Parks Levy Committee, Department of Sustainable Resources for a grant to allow for the preparation of a Plan of Management embracing a feasibility study for the future development of the Matties Flat area, South West Rocks as a possible marina/boat harbour.

NOTICE OF MOTION - SUPPLEMENTARY FILE: A5-2 GBS (NRN) {Folio No. 253888}

MOVED: Moved: Cl. Bowell Seconded: Cl. Sowter That Council:

a) undertake a cost benefit analysis of the Airport as it presently exists. b) investigate opportunities for additional aircraft related activities and

c) investigate options for better utilisation of Council’s Airport assets.

2003. 398 RESOLVED: Moved: Cl. Joukhadar Seconded: Cl. Sowter That this Notice of Motion be deferred and considered in conjunction

with DBE 12.

RESCISSION MOTION

FILE: T7 KJF (NRN) {Folio No. 254024}


2003. 399 RESOLVED: Moved: Cl. Hayes Seconded: Cl. Joukhadar

1 That the Director Engineering investigate the feasibility of the construction of a roundabout or alternative option at the junction of Gregory Street and Gordon Young Drive South West Rocks in the interest of safety and vehicular movement.

2 That the report of such investigation be referred to the South West

Rocks Ratepayers Association for consideration of the need for such construction with the cost being met from Town Improvement Funds.

2003. 400 RESOLVED: Moved: Cl. Hayes Seconded: Cl. Sproule

That the resealing of the Gordon Young Drive and Gregory Street intersection proceed as scheduled in the 2002/2003 Works Program.

DELEGATE’S REPORT D1 CARAVAN PARKS LEVY COMMITTEE DEPARTMENT OF SUSTAINABLE NATURAL

RESOURCES FILE: C1 - 2 GBS (NRN) {Folio No. 253754} SUMMARY: Reporting on attendance at a meeting of the Committee at Coffs Harbour on Tuesday 29 April 2003.

Prior to the meeting there was time set aside for a discussion with representatives from Councils and Community Trust Managers. Invitations had been extended to all such authorities from the Hastings to the Tweed (ten (10) Councils and four (4) Trust Managers). Unfortunately only two people attended, a staff member of Coffs Harbour City Council and a representative of Red Rock Trust. Seventeen applications were considered for loans and one application for grant and most will be recommended to the Minister for approval. Also the Minister will be requested to approve a reduction of interest rates to 4.5% for income producing projects and 3.0% for non-income producing projects. The reduced interest rates, when approved, will apply to existing loans as annual repayments are invoiced by the Department.


The application submitted by Kempsey Shire Council will be recommended with the following projects supported:

• Survey and relocations • Service adjustments • Refurbishment of Oceanside and (old) lakeside amenities

The Committee expressed concern with the Works Programme submitted particularly in respect to the absence of individual costs of projects and the excessive allowance (30%) for contingences, and on this basis the allocation of funds was restricted. The section of the Works Programme – Survey and Relocations – included provision for - Provide 3 Cabins Oceanside – with an amount of $200,000 for improvements. In a report to Council on 29 November 2002 reference was made to the Financial Plan for Tourist Parks in which provision should be made for an additional 4 cabins. It should be noted that the current Plan of Management specifies 27 cabins to be the maximum number permissible and a variation to the Plan of Management will be required before additional cabins can be installed. Council received a grant, approved by the Committee in September 2001 to review the Plan of Management. Maybe the Works Programme should be reviewed so as to delete the provision for the additional 3 cabins at this stage and advise the Department of Sustainable Natural Resources accordingly. The next meeting of the Committee is scheduled for 25 August 2003. RECOMMENDATION For the determination by Council.

2003. 401 RESOLVED: Moved: Cl. Bowell

Seconded: Cl. Joukhadar

1 That the Works Programme should be reviewed so as to delete the provision for the additional 3 cabins at this stage and advise the Department of Sustainable Natural Resources accordingly.

2 That the matter be referred to the next meeting (11th June 2003) of

the Caravan Parks Committee Meeting.

DIRECTOR ENVIRONMENTAL SERVICES REPORT


DES1 REZONING OF LAND FOR RESIDENTIAL PURPOSES IN COCHRANE STREET, WEST KEMPSEY

FILE: T5-86 MEI {Folio No. 253755}

SUMMARY: Reporting that the draft LEP to rezone the subject land has been exhibited for

comment with no objections received.

Subject Land: Lot 11 DP 700765, Cochrane Street, West Kempsey Owner: Kempsey Nursing Home Pty Ltd Current Zone: 3(b) Business (Neighbourhood) The subject land is located at the northern end of Cochrane Street

(AppendixA) in a largely residential area. It was originally zoned 3(b) to provide local retailing to serve adjoining residential development. Since then there have been significant changes to retailing in NSW eg. increased trading hours, the rise of large scale shopping complexes etc., which have reduced the viability of such local retail areas. As a result the land has not been developed for retail purposes.

Council resolved to rezone the subject land to 2(a) residential at its meeting of

10th December 2002. Following advice from PlanningNSW (Appendix B) the draft plan was exhibited from 11th March until 8th April 2003. No submissions were received from the public.

PlanningNSW recommended that Council give careful consideration to the long term benefits of retaining the 3(b) Business (Neighbourhood) zoned land in its current zoning. This matter was addressed in the original report to Council which noted that the local area has been largely developed over the years without needing to rely on a local shopping complex. It is also noted that there has been no effort made to develop this land for commercial purposes despite it being zoned 3(b) since the introduction of the Kempsey Local Environmental Plan in 1987. This can likely be traced to the general decline in neighbourhood style retail outlets due to longer opening hours and intense price competition from major shopping complexes. The immediate neighbourhood also has good access to the West Kempsey and Central Kempsey shopping areas via Cochrane Street. Now that the draft plan has been exhibited for comment the next stage in the process is for a Section 69 report to be prepared requesting the Minister make the plan. Upon the plan being published in the NSW Government Gazette Council will be able to consider a subdivision application for the proposed development.


That Council prepare a Section 69 report requesting that the Minister make the plan to rezone Lot 11 DP 700765 Cochrane Street, West Kempsey.


DES2 PROPOSED DWELLING - LOT 19 DP 1036354 NO 2 KIRKWOOD PLACE, STUARTS POINT FILE: T6-03-167 SNB {Folio No. 253756}

SUMMARY: Reporting that a Development Application has been received for approval to

erect a single storey, brick-veneer dwelling that does not comply with Council’s Development Control Plan No 22 - Local Housing Strategy in respect to the length of the wall facing the side boundary.

Applicant: Perry Homes (Aust) Pty Ltd Subject Land: Lot 19 DP 1036354 No 2 Kirkwood Place, Stuarts Point Proposed: Single Storey Brick-Veneer Dwelling

Perry Homes (Aust) Pty Ltd have submitted an application to erect a dwelling

that incorporates a wall facing the side boundary that has a total length of 22.710 metres. This length of wall exceeds the maximum of 20 metres allowed under Clause 4.2.3 of DPC 22. A site plan is appended to this report. (Appendix C)

Under the provisions of Clause 4.2.3 of DCP 22, external walls off-set by more than one metre may be measured separately thereby permitting the overall length of the building to exceed 20 metres. The dwelling proposed by Perry Homes has two off-sets in the subject long wall, and in terms of the performance criteria intended by DCP 22, effectively ‘break-up’ the overall continuous length of the wall. However, the dwellings' design fails to satisfy the deemed to comply provisions of Clause 4.2.3 of DCP 22 as the off-sets are only 600 mm, and not the one metre minimum off-set presently required. The builder has proposed 600 mm off-sets because this is the width of the eaves and the off-set will be achieved by stepping a section of the external wall out the edge of eaves and leaving the remainder of the wall with the 600 mm wide eave. This method of construction is common-place.

The amount of off-set required for long walls under the provision of DCP 22 is being questioned more often. In view of this, and the fact that the intent of Clause 4.2.3 to reduce the impact of a long continuous wall can be achieved by several means other than by a single one metre off-set, it is likely that this clause of DCP 22 will be reviewed in the future. Therefore, it is considered appropriate to support the variation to DCP 22 sought by the applicant in this instance.


That the application be approved subject to the following conditions:


1 The development referred to in this application is to be carried

out substantially in accordance with the approved development plans as modified by any conditions of this consent.

2 This consent has been issued on the basis that Council has been

appointed as the Principal Certifying Authority and Council has accepted the appointment and will be issuing the construction certificate.

3 Two days prior to commencing work Form 7 under

Environmental Planning and Assessment Act Regulations, Notice of Commencement of Building or Subdivision work and Appointment of Principal Certifying Authority is to be submitted to Council

4 The dwelling is not to be occupied prior to the issue of an

Occupation/Interim Occupation Certificate by Council. An application for a certificate is enclosed. It is requested that it

be completed and returned to Council prior to requesting an inspection. A minimum of 48 hours notice is necessary when requesting the inspection. Appointments will be made in accordance with the inspection program for that area.

5 The following inspections are required to be made and a

minimum of 48 hours notice is necessary where requesting an inspection. Appointments will be made in accordance with the inspection program for the area. Where inspections are carried out by an accredited certifier other than Council, compliance certificates will be required following each inspection and forwarded immediately to The Principal Certifier.

Inspections required:

(a) all steel reinforcement prior to the pouring of concrete; (b) completion of wall and timber framing with any veneer

walls completed prior to wall sheeting being fixed; (c) wet area floor and wall surfacing prior to tiling. Note: Accounts will be forwarded for inspections that are

required and/or undertaken in addition to those inspections for which a pre-payment has been made.

6 All excavation and backfilling are to be executed safely and in

accordance with appropriate professional standards, and are to be properly guarded and protected to prevent them from being dangerous to life or property.

7 A sign is to be provided in a prominent and visible position (on

the building or fence) stating “Unauthorised entry to the site is not permitted”, together with the name of the person responsible for the site and a contact number outside working hours.


8 A builder's toilet complying with Clause 133 of the Environmental

Planning and Assessment Regulation, is required on site throughout the entire building operation.

Note: Clause 133 requires that the toilet must be provided before

any work is commenced. 9 All building work must be carried out in accordance with the

provisions of the Building Code of Australia. Your attention is drawn to the following requirements of the

Building Code of Australia.

a Protection is to be provided from subterranean termites. Council's Code of Practice outlines methods which may be used. Details of the proposed method or methods are to be submitted for approval prior to commencement of work and suitable certifications are to be submitted prior to the issue of an occupation certificate.

b That the floor surface of the wet areas are properly graded

and drained and the junctions of the floor with the walls are treated to prevent the penetration of moisture into the walls. An inspection of the treated area is to be arranged with Council or suitable certification is to be submitted prior to the issue of an occupation certificate.

c The windows and glass installations within the building

shall comply with AS 1288, Part 3.6 BCA Housing Provisions and AS2047. The applicant shall furnish Council with a report from the supplier upon completion of the window and glass installation indicating compliance with the requirements of AS1288 and AS2047.

d Details of roof trusses, tie down and roof bracing are to be

submitted prior to commencement of any building work on the site.

e Details of wall bracing to be carried out in accordance

with Australian Standard 1684-1999 are to be submitted to Council prior to commencement of work.

f Class 1(a) and 1(b) Buildings An automatic fire detection and alarm system is to be

installed in the building. Such system to conform with Specification E1.7 of the Building Code of Australia or be a smoke alarm system complying with AS 3786 or listed in the SSL Register of Accredited Products.

The system is to be provided with mains electrical power,

have a stand by power supply and installed in each storey to comply with Clause E1.7 (N.S.W. Variation). Details of


location of the units are to be provided for approval prior to installation.

g All glass in shower doors, shower screens, bath

enclosures and associated windows (the lowest sight line of which is less than 1500mm above the floor or bottom of the bath or shower base) shall be Grade A Safety Glass.

h The walls immediately adjacent or behind a bath, basin,

sink or trough, shall be finished to a height of not less than 300mm above the fixture or in the case of a shower, to a height of 1.8 metres above the floor with cement render ceramic tiles or other approved finish impervious to water.

10 Building materials are not to be stored within the road reserve or

any other public place. 11 Excavated material from the site is not to be placed within the

road reserve or any other public place.

12 Construction of a vehicular access from the road formation to the property boundary in accordance with Council's Standard for Access to Urban Properties. Applicant is to consult Mr Tony Castle of Council's Environmental Services Department for requirements before commencing construction.

13 Roofwaters are to be directed by means of sealed pipes to the

street gutter. 14 Runoff and soil erosion controls shall be installed in accordance

with the approved Erosion Control prior to work commencing on the site. The controls shall incorporate:-

a diversion of uncontaminated upsite runoff around cleared

and/or disturbed areas and areas to be cleared and/or disturbed.

b sediment control fences at the downslope perimeter of the

cleared and/or disturbed area to prevent unwanted sediment and other debris escaping from the land.

c maintenance of all erosion control measures at maximum

operational capacity until the land is effectively rehabilitated and stabilised beyond the completion of construction.

Protection of any kerb inlet pit located downstream of the site in accordance with Council’s Engineering Guidelines for subdivision and development (drawing No SW20).

Note:


i Any roof drainage system is to be connected to the required discharged point at the building frame inspection stage.

ii Any material spilled or deposited on the road reserve or in

the gutter is to be removed immediately. Other Approvals Local Government Act 1993/Section 68 CE 862 PLAN OF PROPOSED AERATED WASTEWATER TREATMENT SYSTEM (AWTS) INSTALLATION FOR LOT 19 DP 1036354 No 2 KIRKWOOD PLACE, STUARTS POINT Further to your application for an approval under Part C of the Table to Section 68 of the Local Government Act for approval to install an Aerated Wastewater Treatment system. I advise the approval is granted in respect to the following: Activity: Install a Gardenmaster GM 7100 Elite system, 7100

litre capacity, with all wastes connected Number of persons: Eight (8) Location: Lot 19 DP 1036354 No 2 Kirkwood Place, Stuarts

Point Owner: L F & S I Dafter Approval is subject to the following conditions imposed in accordance with the requirements of Section 68 of the Local Government Act 1993, AS/NZS 1547:2000, and the Environment and Health Protection Guidelines: 1 The system together with all plumbing and drainage work from

the individual sanitary fitments to the septic system must be installed by a licensed plumber and in accordance with the requirements of the Local Government Act and Regulations, Australian Standard 3500 and the New South Wales Code of Practice for Plumbing and Drainage.

Note:

(a) The invert of the outlet pipe from the septic tank is to be a minimum of 150mm above the finished ground level at the absorption trench.

(b) With installation of a yard gully please ensure:

(i) That the top level of the fitting is to be not less than 150mm below the floor level of the building; and

(ii) that the top of the fitting is kept 75mm above ground level surrounding.

2 Information available to Council in respect to the permeability of

the soil indicates that an absorption trench measuring 23 metres long by 1.0 metres wide by 0.6 metres deep is required.


3 In the event that the effluent irrigation system causes a nuisance,

Council reserves the right to require the irrigation area to be improved and/or increased in size.

4 The installation of a dual flushing suite, the higher flushing

volumes to be a minimum of 6 litres. 5 INSPECTIONS The following inspections are required to be made and a

minimum of 48 hours notice is necessary where requesting an inspection. Appointments will be made in accordance with the inspection program for the area.


a under slab drainage prior to reinforcement placement; b drainage lines (under water test) prior to backfilling; c Absorption trenching or other effluent disposal area prior

to backfilling or covering; Note: Accounts will be forwarded for inspections which are required and/or/undertaken in addition to those inspections for which a pre-payment has been made.

6 OPERATION

• A separate application is to be made and an approval issued prior to operation of the system.

7 The wastewater treatment plant is to be located not less than 1.5

metres from any building and 900mm from the side boundary unless otherwise approved by Council.

8 The depressions in the Land Application are to be filled with

absorbent soil and the site graded to an even grade. 9 Vehicular traffic is to be excluded from the Land Application

Area. A barrier to protect the installation from vehicular damage may be required.

10 All stormwater and seepage from higher levels is diverted from

the Land Application Area by a diversion/agricultural drain. 11 The allotments on which the building, septic tank, and the Land

Application Area are situated, and maintained in one ownership and are not separately disposed of whilst the septic tank is in use.

12 The Irrigation Area is prepared with at least 100mm of absorbent

soil and topped with mulch, and planted out to maximise evapo-transpiration.


13 No water supply or any source of water supply used for drinking

or domestic purposes or for stock is likely to be polluted or rendered unwholesome by the disposal of effluent from the proposed septic tank.

14 An adequate water supply is available at all times. 15 Manually operated cisterns are to be installed. Cisterns with

internal overflows are not to be installed. 16 Where town water reticulation is not available, an adequate water

supply necessary for the efficient operation of the system shall be available at all times.

17 All inspection openings and access points shall be sealed after

each inspection to create airtight seals. 18 When converting an existing septic tank installation, the contents

of the existing septic tank, except for approximately 50 litres of digested sludge, are to be removed by a contractor to an approved sanitary depot.

19 The wastewater treatment device shall comply with conditions of

accreditation imposed by the Director-General of NSW Health. 20 The dwelling shall not be occupied prior to commissioning of the

On-Site Sewage Management System. 21 Council is to be notified in writing when the On-Site Sewage

Management System is to be commissioned for use.

This approval shall not extend to and shall not affect the rights of the Council in respect of any matter appearing in or arising out of such Plans and Specifications which is not in conformity with the Local Government Act and the Regulations 1993 thereunder. Section 100, Local Government Act 1993, provides that an applicant may request Council to review a determination. The request must be made within twenty eight (28) days after the date of determination and if required the approved fee paid. Section 176, Local Government Act 1993 provides that an applicant who is dissatisfied with the determination of Council in respect to the application may appeal to the Land and Environment Court within twelve (12) months on the endorsement date of this approval. Should you have any queries concerning the foregoing conditions of approval, please contact the Environmental Services Department, Kempsey Shire Council, Civic Centre, Corner Elbow and Tozer Streets, West Kempsey, 2440.

DES3 DUAL OCCUPANCY


7 GOWING STREET, CRESCENT HEAD FILE: T6-03-55 AD {Folio No. 253757}

SUMMARY: Reporting that a Development Application has been received for a dual

occupancy requiring variations to standards outlined in Development Control Plan No 22 – Local Housing Strategy (DCP 22). (Appendix D)

Applicant: Mary Markezic Subject Land: Lot 8 DP 373781, 7 Gowing Street, Crescent Head Zone: 2(a) Residential

Heads of Consideration: The proposal has been examined having regard for the Heads of Consideration identified under Section 79 C (1) of the Environmental Planning and Assessment Act with the following matters considered to be of particular relevance to the proposal. The proposal is not contrary to any matters for consideration listed under clause 8 of SEPP 71 – Coastal Protection. The proposal is not contrary to any other State & Environmental Planning Policy (SEPP) or North Coast Regional Environment Plan 1988 (NCREP 1988) or Kempsey Local Environment Plan (KLEP 1987). Development Control Plan No 22 – Local Housing Strategy

The proposal is located within a designated medium density area. DCP 22 provides for applicants to demonstrate that the objectives of DCP 22 and KLEP 1987 would be met where variations to the relevant standards are sought within designated medium density areas. (Appendix E) An assessment of the proposal against the relevant standards of DCP 22 results in the following:

Standard Required Proposed Complies

Y/N DENSITY

480m2

474m2

No

SETBACKS - side - front - rear (western boundary)

3.68m

5m

3.68m

1.5m 5.0m (3.5m – unenclosed

balcony) 1.5m

No Yes No


CARPARKING - resident - visitor

2 1

2 1

Yes Yes

Private open space

Section 4.4

Area of private open

space is adequate, but is not directly accessible from main living areas.

No

Landscaping

170m2

216m2

Yes

Height

Maximum 6.2m

Unit A: 6.1m

Unit B:5.85m

Yes Yes

Solar Access

Section 4.7

Adequate

Yes

Privacy

Section 4.8

Adequate

Yes

Cut and fill

<1.5m

<1m

Yes

Erosion/ sediment control

Section 4.10

To be conditioned

Yes

Infrastructure

Section 4.11

To be conditioned

Yes

Areas of non-compliance with DCP 22

The applicant has submitted justification for non-compliance with DCP 22, summarised as follows:- (Appendix E) 1. Density The required density of the proposal in the medium density designated area for 2 x 2 bedrooms is 480m2, with the lot size in this instance being 474m2, representing a deficiency of 6m2. The applicant has provided justification for this by stating:- • The land is designated medium density. • Other dual occupancies exist on the street therefore the proposal is

consistent with the amenity of the neighbourhood.


• When the land was originally subdivided, DCP 22 was not envisioned. • The length of the street frontage, and depth of the lot makes it ideal for

two small dwellings. Planning Comment Inherent Constraints resulting from the shape of the lot are not considered to be justification for variations to DCP 22. NOTE: The land was not created by any Council approved subdivision, however, the variation is considered to be minor. 2. Setbacks • Front setback to Gowing Street: The Applicant has submitted

amended plans complying with DCP 22, with both dwellings having a setback from Gowing Street of 5 metres, with an allowable 1.5 metre encroachment into the setback of an unenclosed structure (balcony) on both dwellings.

• Side and rear setbacks: The applicant has stated that whilst the

proposal is non-compliant, the current existing structures are only setback 0.65m and 0.35 metres, as opposed to the proposal having a minimum setback of 1.5 metres on the southern boundary, and 2.5 to 5 metres setback on the northern boundary. Other justification for the variations to the DCP by the applicant include:

- “skewing the dwellings so that their side and rear boundaries are not

parallel to the boundary the area of minimal setback is slight”; - “It is not easy for this proposal to conform to all boundary setbacks as the

longest boundary is the street frontage an with a 5.0 m setback achieved along Gowing Street 37% of the site area is consumed in street setback.”

- “By fragmenting the buildings each into two wings and skewing them to

the boundaries, building bulk is minimised.” Planning Comment Whilst the applicant has incorrectly calculated the requirements for rear and side setbacks by misinterpreting the formula required to calculate the required setbacks, an assessment by Council staff of the setback requirements for the side and rear boundaries has indicated non-compliance by approximately only 0.02 metres which is considered marginal, with the existing very old structures set back as stated by the applicant. 3. Private open space The applicant seeks to justify the variation to DCP 22 by increasing the areas of each of the second floor balconies to 18.2m2 accessible from the primary living areas of each dwelling, and which is in excess of the required 15m2 for dwellings located wholly above ground, and states the total private open space is 50m2 for dwelling 7A, and 45m2 for dwelling 7B. Planning Comment


Whilst the area provisions for ground level private open space comply with Section 4.4 of DCP 22, they are not directly accessible from the living areas which are located on the second floor of each dwelling, thereby making it impossible for direct access to courtyard areas as required. The applicant has addressed this aspect of non-compliance in his submission by increasing the area of second floor balcony space directly accessible from the living areas of each dwelling, which are located wholly on the upper floors of each dwelling. The balconies have adequate solar access, and do not effect upon private primary open spaces or living areas of adjoining neighbours.

4. Overshadowing Concern was raised regarding compliance with Section 4.7 of DCP 22 (Solar Access) upon the structure to the immediate south of the lot. An assessment of overshadowing has indicated that impacts only occur on the subfloor area of the southern adjoining units. Public Exhibition The proposal was advertised in accordance with Council’s policy with no objections having been received. Planning Comment Section 9 of DCP 22 “Variations to this Plan” requires:- “Written justification of the need to vary from the plan demonstrating that the relevant standards are unreasonable and unnecessary in the circumstances and that all the relevant aims and objectives detailed in Section 3 (of the DCP) will be met. The onus for justification of any variations lies with the applicant and Council’s considerations of such applications, will be restricted to the matters raised in the required submission.” This justification was requested from the applicant by letter of 12th February 2003, and although original justification for the variations to DCP 22 were not considered adequate, the applicant has submitted amended plans addressing the setback to Gowing Street, and has further justified variations in accordance with the requirements of DCP 22. On the basis of submissions made by the applicant relating to variations to the DCP and related comments made in this report, the variations specified were considered reasonable in this instance and would not warrant refusal.

2003. 404 RESOLVED: Moved: Cl. Sowter Seconded: Cl. Bowell

That consent be granted subject to the following conditions:

1 The development referred to in this application is to be carried out substantially in accordance with the approved development plans as modified by any conditions of this consent.

2 This consent does not permit commencement of any works.

Works are not to commence until such time as a Construction


Certificate has been obtained and the appointment of a Principal Certifying Authority.

3 A Construction Certificate shall not be issued until all relevant conditions of this consent have been complied with.


Environmental Planning and Assessment Act Regulations, Notice of Commencement of Building or Subdivision work and Appointment of Principal Certifying Authority is to be submitted to Council.

5 The dwellings are not to be occupied until all conditions of

Council's consent have been complied with to the satisfaction of Council and an Occupation Certificate has been obtained.

6 Before the commencement of site works, demolition or building,

the following activities must be completed:

a Installation of soil erosion and sedimentation control devices.

b Installation of safety fencing/hoardings between the property and the street

c Protection barriers for existing trees d Installation of builder's toilets e Installation of signage in prominent, visible position

including -

• "Unauthorised site entry is prohibited" • Name and phone number of builder or other

responsible person for contact outside working hours.

7 Provision of a security deposit to Council totalling $600 to cover

any damage sustained to public property including footway and kerb and gutter or road pavement during construction and to ensure satisfactory completion of any works on public property required in connection with this approval. The deposit is to be lodged with Council prior to the issuing of the required Construction Certificate and will be released upon submission of documentary evidence indicating that an Occupation Certificate has been issued.

8 Submission of an application(s) to Council pursuant to Section

68 of the Local Government Act 1993 for the following, prior to the issue of a Construction Certificate:-

a Installing a temporary structure on land b Carrying out water supply work c Installing, altering, disconnecting or removing a meter

connected to a service pipe d Carrying out sewerage work e Carrying out stormwater drainage work


f Connecting a private drain or sewer with a public drain or sewer under the control of a Council or with a drain or sewer which connects with such a public drain or sewer.

g Disposing of waste into a sewer of the Council. 9 Approval is subject to the condition that the builder or person

who does the residential building work complies with the applicable requirements of Part 6 of the Home building Act 1989 whereby a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work. It is the responsibility of the builder or person who is to do the work to satisfy Council that they have complied with the applicable requirements of Part 6.

Details are to be submitted to Council prior to work commencing. 10 Before work commences, the Council must be informed in

writing of the name and contractor licence number of the licensee who has been contracted to do or intends to do the work.



12 If the excavation is to extend below the level of the base of the

footings on an adjoining allotment, the person causing the excavation shall:

(a) preserve and protect such building from damage; and (b) if necessary, underpin and support the building in an

approved manner. Seven (7) days notice is to be given to the owner of the adjoining

allotment of the intention to excavate below the level of the base of the footings. (Reference: Clause 34, Local Government (Approvals) Regulation 1993.

13 Hoarding/fence is to be provided to the site in accordance with

the assessment provided to Council. 14 Details of proposed hoarding to be submitted, in writing, prior to

the commencement of building operations. 15 A builder's toilet complying with Clause 78I of the Environmental

Planning and Assessment Regulation, and connected directly to the sewer is required on site throughout the entire building operation.

Note: Clause 78 I requires that the toilet must be provided before

any work is commenced.

16 All building work must be carried out in accordance with the provisions of the Building Code of Australia.

If the soil conditions require it:-

(a) retaining walls or other approved methods of preventing movement of the soil must be provided; and

(b) adequate provision must be made for drainage.

17 The following survey certificates must be given to Council at the

following stages:-

• On completion of floor slab framework before concrete is poured, detailing the location of the structure to the boundaries and. Levels shall relate to the datum shown on the consent.

• At completion of the slab confirming that location is in

accordance with the approval.

18 The dwelling shall be constructed to include all the energy efficiency requirements contained within the single residence scorecard, e.g.:

Walls Roof Wall Roof Ceiling Hotwater

As specified by the assessment No - HMB/024/KEM/107-108 provided with the application

19 Access from the street to the property boundary to be via a

standard layback and full width concrete paving. Paving to be 125mm thick unreinforced with construction joints to suit service trenches. Applicant is to consult Council's Environmental Services Department for details prior to commencing work on site.

20 Any redundant footpath crossings or access culverts to be

removed and reconstructed at the applicant's expense, and footway access restored to the satisfaction of Council, prior to occupation of the premises.

21 All internal accessways and parking spaces have been designed

and constructed in accordance with Council's Engineering Guidelines for Subdivision and Development to at least concrete paved standard.

22 Roofwaters are to be connected to the existing stormwater

disposal system.


x An interception drain at the boundary of the property to collect all stormwater runoff from paved areas, piped then discharged through the kerb via a standard convertor,


strictly in accordance with Council's Engineering Guidelines for Subdivision and Development.

23 Submission of a detailed landscaping plan providing for the

establishment of suitable species endemic to the area, including the number and species of plants to be planted and the means of establishing the landscaping beds prior to release of the Construction Certificate.

24 Soil Erosion control measures are to be implemented on the site.

The control measures shall be in accordance with Council’s Guidelines - Preparing an Erosion and Sediment Control Plan. The Control Plan is to be submitted and approved prior to release of the required Construction Certificate.

25 Submission of an application for a Certificate of Compliance

pursuant to Section 305 of the Water Management Act 2000 and the lodgement of a Certificate of Compliance indicating that the requirements of Section 306 of the Water Management Act 2000 have been met, prior to release of the Subdivision Certificate/Construction Certificate.

26 You are advised that a Certificate of Compliance pursuant to

Division 5 of the Water Management Act 2000 will be issued by Council, subject to the following matters being complied with:-

a Payment of a contribution towards the augmentation of

sewerage headworks at the rate of $1892 per equivalent tenement, i.e $1892 x 0.33 E.T = $630. (Indexed 2002/2003)

b Payment of a contribution towards sewerage reticulation

works at the rate of $1395 per equivalent tenement, i.e $1395 x 0.33 E.T = $465. (Indexed 2002/2003)

c Payment of a contribution towards water supply

headworks at the rate of $1130 per equivalent tenement, i.e $1130 x 0.33 E.T = $373. (Indexed 2002/2003)

27 The applicant is to pay a contribution towards the embellishment of

open space and ancillary facilities for each additional dwelling unit after the first unit in accordance with Council’s Section 94 Plan for Outdoor Recreation. The contribution is to be paid prior to the release of the Construction Certificate/Subdivision Certificate, at the rate prevailing at that time. The current rate is $368 per additional dwelling unit, i.e $368 x 0.33 E.T = $123.00. (Indexed 2002/2003)

DES4 PROPOSED DWELLING - FISHERMANS REACH FILE: T6-02-761 RBP {Folio No. 253758}

SUMMARY:


Reporting that concurrence to the use of SEPP 1 to permit a dwelling has been declined by PlanningNSW.

Applicant: Great Base Pty Ltd

Subject Land: Lot 6243 DP 865991 Serrata Lane, Fishermans Reach

Heads of Consideration: The proposal has been examined having regard for the Heads of Consideration identified under Section 79 C(1) of the Environmental Planning and Assessment Act with the following matters considered to be of particular relevance to the proposal.

The proposed dwelling is contrary to Clause 17 of Kempsey Local Environmental Plan 1983 (the subject land having been created for the purposes of a caravan park). The proposal requires support of an application pursuant to State Environmental Planning Policy No 1 (SEPP 1) to the 40 hectare development standard applying in the 1(a3) Rural Agricultural Protection Zone. As the subject land is only 4.72 hectares, Council may not assume the Director-Generals concurrence. The application was forwarded to the Director-General for concurrence on 6th January 2003. By letter of the 3rd April 2003, PlanningNSW advised that Director-General’s concurrence was not granted on the basis that the agriculture operation on the land to justify the dwelling has not been established and the applicant has provided no indication as to when it may be established. The Department considers the dwelling to be rural residential in nature and as no rural residential release strategy applies to the area, the use of SEPP 1 would be inappropriate.

Planning Comment

As Director-General’s concurrence has been declined, Council is effectively barred from approving of the proposed dwelling and the application should be refused.

2003. 405 RESOLVED: Moved: Cl. Sproule Seconded: Cl. Sowter

A. That consent be refused for the following reason: The proposal is prohibited under Clause 17(3)(a)(i) of Kempsey

Local Environmental Plan 1987, having regard to the Director-General of Planning’s refusal to grant concurrence to the use of State Environmental Planning Policy No 1.


DES5 NORTH COAST CORRECTIONAL CENTRE, KEMPSEY SEWAGE TRANSFER MAIN PROPOSED EASEMENTS OVER CROWN LAND FILE: I2-15 AJC {Folio No. 253760}

SUMMARY: Reporting on a request from NSW Department of Public Woks and Services

to create easements over the new Sewage Transfer Main partly located over Crown Land at West Kempsey using the compulsory acquisition process.

Proposal The Senior Project Manager, Acquisition Services, of the Department of Public Works and Services(DPWS) has been engaged to manage the creation of easements for the Correctional Centre project.

A locality plan showing the lands affected is appended to this report as (Appendix F) The easement to be created in favour of Kempsey Shire Council over the new sewage transfer main partly traverses crown land in the West Kempsey area. In order to acquire the easement over the crown land section the DPWS must evoke the compulsory acquisition process pursuant to the Land Acquisition (Just terms Compensation) Act 1991 and the Local Government Act 1993. In order for the DPWS to commence the compulsory acquisition process, it will need to obtain a resolution from Council approving of the creation of easements on the Crown Land, before it can liase with the Department of Local Government. All costs associated with the creation of the easements and the compulsory acquisition will be met by the DPWS. The following information has also been provided by the DPWS: - 1. DPWS has undertaken a survey to define the proposed easement. A

copy of the survey plan is appended to this report as (Appendix G) 2. Department of Land and Water Conservation has approved of the

acquisition. 3. Kempsey Rural Lands Protection Board has granted approval to this

acquisition and the Warwick Park Racecourse has advised DPWS that they have no objection to the proposal.

4. The Native Title Tribunal has advised DPWS that there is no

determination of native title nor current applications for determination over the subject land and the NSW Aboriginal Land Council has been advised of the proposed acquisition.


Creating an easement over the sewage transfer main will legalise Council ownership and enable future maintenance of the transfer pipeline. FINANCIAL IMPLICATION There are no financial implications as the DPWS will be meeting all costs associated with the creation of the easement including costs associated with the compulsory acquisition.


1. Council approved of the proposed easements shown on Deposited Plan 1050011 associated with the Sewage Transfer Main within: -

Lot 7011 DP96431 being R12995 for camping notified 22/11/1890,

(F8982); Crown public Road north of lots 255 to 258 and Lot 166 DP752352; Lot 155 DP752439 dedicated on 18/7/1896 (F4944) for Warwick Park

racecourse;

to be acquired by compulsory acquisition process from the Crown. 2. The common seal of Kempsey Shire Council be affixed to all

relevant documentation associated with the acquisition.

DES6 PROPOSED SHADE HOUSE - LOT 53 DP 1042899 BELLE O'CONNOR STREET, SOUTH WEST ROCKS

FILE: T6-03-127 DJW {Folio No. 253761} SUMMARY: Reporting that a Local Development Application has been received to erect a

160m2 shade house for a private orchid collection.

Applicant: Mr T & Mrs G Atkinson Subject Land: Lot 53 DP 1042899 No 10 Belle O'Connor Street, South West Rocks Zone: 2(a) Residential Proposed Development The proposal is to erect a Shade House 16m x 10m X 2.4m high on a residential property. The shade house is to hold a large private collection of Cattleya, Cymbidiums and Native Orchids. Siting


The site is an allotment consisting of a brick veneer dwelling situated on the western side of Belle O'Connor Street. The land falls west to east approximately 2m over a distance of 54.97 metres. The shade house is proposed to be erected in the north west corner. Objections Adjoining property owners and occupiers were notified of the proposed development in accordance with Council's Notification Policy. No submissions have been received. Comment The proposed shade house structure will be out of character with the surrounding neighbourhood. The applicant advises that the shade house will be used for a private collection of Cattleya, Cymbidiums and Native Orchids but is erecting a commercial sized structure. The proposed structure is quite large being 10m x 16m x 2.4m high and covered with shade cloth. The existing fencing is 1.5m to 1.6m high, consequently the structure will be very prominent even with additional landscaping that would be recommended. The existing dwelling, including a patio enclosure and garage has an area of 250m2. The proposed shade house has a floor area of 160m2 which equates to 64% of the dwelling size. Whilst it is considered reasonable to permit a shade house the need and suitability of such a large structure on a residential allotment is questioned and is out of character with the surrounding neighbourhood and would create an unwarranted precedent.

Conclusion

Having considered all of the relevant matters under Section 79(c) of the Environmental Planning and Assessment Act, 1979 and the relevant standards of DCP 22, it is considered the proposed shade house is out of character with the surrounding neighbourhood and would create an unwarranted precedent. It is further considered that the development application be deferred and the applicant be requested to submit an amended application showing the Shade house a maximum of 70m2.


A. That consideration of Development Application T6-03-127 be deferred and the applicant be requested to submit amended application showing the Shade House a maximum of 70m2.

B. That if suitable amended plans are not submitted within fourteen

(14) days from the date of notification that the application be refused for the following reasons:-

1. The structure is out of character with the existing

residential amenity of the area.


2. The structure will create an undue visual intrusion to the area.

DES7 PROPOSED TWO STOREY DWELLING LOT 103 DP 1036461 No 10 GRANDVIEW PLACE,

SOUTH WEST ROCKS FILE: T6-03-131 DJW {Folio No. 253762}

SUMMARY: Reporting that a Local Development Application has been received to build a

two storey dwelling. The building height exceeds the maximum permitted under Development Control Plan No22 Development Standards - Local Housing Strategy.

Applicant: Mr D Mrs Lynch Subject: Land, Lot 103 DP 1036461 No 10 Grandview Place South West Rocks Zone: 2(a) Residential Zone PROPOSED DEVELOPMENT The proposal is to build a two storey dwelling on the abovementioned allotment. SITING The site is a vacant allotment situated on the Eastern side of Grandview Place. The land falls to the street in a western direction, approximately 11m over a distance of 52.27 metres, has frontage of 13.5m and a total site area of 1570m2. The land falls approximately 3 metres where the building is to be sited. (Appendix H) Heads of Consideration The proposal has been examined having regard for the Heads of Consideration identified under Section 79C(1) of the Environmental Planning and Assessment Act with the following matters considered to be of particular relevance to the proposal. The proposal may be defined as ‘dwelling house’ and is permissible with consent in the 2(a) Residential “A” Zone under Kempsey Local Environmental Plan 1987. The proposal is not contrary to any State Environmental Planning or North Coast Regional Environmental Plan 1988. DCP No 22 - Local Housing Strategy


The proposal is required to comply with the following requirements of DCP No. 22 - The location of the proposal is contained within a defined low density area for which single dwellings only are permitted.

An assessment of the proposal against the relevant Standards of DCP 22 results in the following:

Standard Required Proposed Complies Y/N

DENSITY

1 x 4 bedroom 500m2

1570m2

Yes

SETBACKS - side - north elevation - south elevation - front - rear

1.5m min 1.5m min

5m 1.5 min

1.8m & 3.2030m 2m & 3.931mm

>5m >1.5m

Yes Yes Yes Yes

CARPARKING

1 covered

2 covered spaces

Yes

Private open space

25m2

>25m2

Yes

Landscaping

165m2

>165m2

Yes

Height

6.2m

6.7m

No

Solar Access

15 points

15 points

Yes

Privacy

Adequate

Adequate

Yes

Cut and fill

<1.5m

1.5m

Yes

Long walls

20m

>20m

Yes

Access

20%

20%

Yes

Building height:


As indicated in the table above, the proposal complies with DCP 22 except in respect to the dwelling’s building height Comment: The building heights within various residential and commercial zones are controlled by Clauses 24 and 25 of Kempsey Local Environmental Plan 1987. In respect to residential zones, buildings are restricted to two (2) storeys with a topmost floor ceiling level of not more than 6.2 metres above natural ground level unless the topography of the site makes compliance extremely difficult. The applicant proposes a 6.7 m building height, a minor variation due to the topography of the site, as described under heading “Siting” (above). It is considered the supporting documentation from Hadlow Design Services shows the variations meet the performance objectives of DCP 22, they are:

(Appendix I) 1. Due to the topography of the site it has been difficult to comply with

councils 6.2m height limit. 2. The proposed dwelling does not exceed the 6.2m height limit. 3. The area exceeding the height limit is minimal, 7%, and effects the

corner of the roofed deck only. Section 79c(1)(e) - ADVERTISING The proposal was advertised in accordance with the EPAA- 1997 and Council’s Policy. No objections have been received. Conclusion It is considered reasonable for Council to permit a variation of building height of 6.7m in this instance due to the circumstances of the case. It is further considered that the proposed development will not adversely affect the adjoining owners. Having considered all of the relevant matters under Section 79(c) of the Environmental Planning and Assessment Act, 1979 and the relevant standards of D.C.P. 22. It is recommend that the development application be approved subject to the following conditions


That Development Application T6-02-674 be approved subject to the following conditions: 1 The development referred to in this application is to be carried

out substantially in accordance with the approved development plans as modified by any conditions of this consent.


2 This consent has been issued on the basis that Council has been appointed as the Principal Certifying Authority and Council has accepted the appointment and will be issuing the construction certificate.


Environmental Planning and Assessment Act Regulations, Notice of Commencement of Building or Subdivision work and Appointment of Principal Certifying Authority is to be submitted to Council

4 The dwelling is not to be occupied prior to the issue of an

Occupation/Interim Occupation Certificate by Council. An application for a certificate is enclosed. It is requested that it

be completed and returned to Council prior to requesting an inspection. A minimum of 48 hours notice is necessary when requesting the inspection. Appointments will be made in accordance with the inspection program for that area.

5 The building is not to be occupied until all conditions of

Council's consent have been complied with and an Occupation Certificate has been obtained from Council or an accredited certifier and submitted to Council.




(a) footings in position and prior to the pouring of concrete; (b) all steel reinforcement prior to the pouring of concrete; (c) completion of wall and timber framing with any veneer

walls completed prior to wall sheeting being fixed; (d) wet area floor and wall surfacing prior to tiling; (e) completion of stormwater systems prior to backfilling. (f) prior to any wall linings the insulation shall be inspected,

a ladder shall be provided at the final stage to provide access to the ceiling space or alternatively, a certification from a registered installer shall be submitted certifying the wall and ceiling installation complies with the approved single residence scorecard.


Note: Accounts will be forwarded for inspections that are required and/or undertaken in addition to those inspections for which a pre-payment has been made.

7 Approval is subject to the condition that the builder or person






10 A sign is to be provided in a prominent and visible position (on

the building or fence) stating “Unauthorised entry to the site is not permitted”, together with the name of the person responsible for the site and a contact number outside working hours.

11 A builder's toilet complying with Clause 78I of the Environmental



any work is commenced. 12 All building work must be carried out in accordance with the



a Structural Engineer's Details for retaining walls, reinforced concrete slab and structural steel work is to be submitted prior to any work commencing on the building.

b Protection is to be provided from subterranean termites.

Council's Code of Practice outlines methods which may be used. Details of the proposed method or methods are to be submitted for approval prior to commencement of work and suitable certifications are to be submitted prior to the issue of an occupation certificate.


c That the floor surface of the wet areas are properly graded

and drained and the junctions of the floor with the walls are treated to prevent the penetration of moisture into the walls. An inspection of the treated area is to be arranged with Council or suitable certification is to be submitted prior to the issue of an occupation certificate.

d The windows and glass installations within the building

shall comply with AS 1288, Part 3.6 BCA Housing Provisions and AS2047. The applicant shall furnish Council with a report from the supplier upon completion of the window and glass installation indicating compliance with the requirements of AS1288 and AS2047.

e Should the verandah, patio or landing exceed 1 metre in

height above the ground then a suitable balustrade is to be provided to the verandah, patio or landing and steps for safety and convenience. Such balustrade to conform with the requirements of

(1) Part 3.9.1. and 3.9.2 of BCA Housing Provisions of the Building Code of Australia.

Note: Spacing of rails not to exceed 125mm. f Riser and Going dimensions for stairs shall be in

accordance with Clause D2.13 of the Building Code of Australia. In Class 1 and 10 buildings the following will apply:

Riser(R) Going (G) Quantity (2R + G) max min max min max min 190 115 355 240 700 550 Note: Any openings between treads not to exceed

125mm. g Details of roof trusses, tie down and roof bracing are to be


h Details of wall bracing to be carried out in accordance


i Kitchen exhaust fans are to be ducted externally of the

building or a recirculating hood type be provided. j Class 1(a) and 1(b) Buildings An automatic fire detection and alarm system is to be

installed in the building. Such system to conform with Specification E1.7 of the Building Code of Australia or be a


smoke alarm system complying with AS 3786 or listed in the SSL Register of Accredited Products.


have a stand by power supply and installed in each storey to comply with Clause E1.7 (N.S.W. Variation). Details of location of the units are to be provided for approval prior to installation.

k All glass in shower doors, shower screens, bath

enclosures and associated windows (the lowest sight line of which is less than 1500mm above the floor or bottom of the bath or shower base) shall be Grade A Safety Glass.

l The door to all fully enclosed sanitary compartments must

open outwards, or slide, or be readily removable from the outside, in accordance with the requirements of the Building Code of Australia.

m Any sarking used in the roof of the dwelling must have a

flammability index not more than 5. n Earth works must comply with Part 3.1.1 of the Building

Code of Australia (Housing Provisions). o Drainage of the site must comply with Part 3.1.2 of the

Building Code of Australia (Housing Provisions). 13 The dwelling shall be constructed to include all the energy

efficiency requirements contained within the single residence scorecard, e.g.:

Walls Light medium colour Roof Light colour (off white) Wall Hebal power panel/frame Roof Colour bond with Anticon Ceiling R1.5 insulation Hotwater Heat pump, solar electric or gas 14 The hours of operation of the activity are to be confined to 7.00

a.m. to 6.00 p.m., Mondays to Fridays, and 7.00 a.m. to 12 noon, Saturdays.

15 Construction of a vehicular access from the road formation to the

property boundary in accordance with Council's Standard for Access to Urban Properties. Applicant is to consult Mr Tony Castle of Council's Environmental Services Department for requirements before commencing construction.

16 Roofwaters are to be directed by means of sealed pipes to the

street gutter. Details are to be provided with the plans for the required Construction Certificate.


17 Runoff and soil erosion controls shall be installed in accordance with the approved Erosion Control prior to work commencing on the site. The controls shall incorporate:-

a diversion of uncontaminated upsite runoff around cleared

and/or disturbed areas and areas to be cleared and/or disturbed.

b sediment control fences at the downslope perimeter of the cleared and/or disturbed area to prevent unwanted sediment and other debris escaping from the land.

c maintenance of all erosion control measures at maximum operational capacity until the land is effectively rehabilitated and stabilised beyond the completion of construction.

Protection of any kerb inlet pit located downstream of the site in accordance with Council’s Engineering Guidelines for subdivision and development (drawing No SW20).

Note: i Any roof drainage system is to be connected to the

required discharged point at the building frame inspection stage.

ii Any material spilled or deposited on the road reserve or in

the gutter is to be removed immediately. 18 A Survey Report is to be submitted on completion of slab formwork

to ensure the location of the building is in accordance with the approval issued.

DES8 RENAMING OF AN EXISTING STREET, BELLE O'CONNOR STREET, SOUTH WEST ROCKS

FILE: R8-9 AJC {Folio No. 253763}

SUMMARY: Reporting on a proposal to rename the western section of existing Belle

O’Connor Street, South West Rocks.

Proposal A copy of a plan is appended to this report showing the location of Belle

O’Connor Street, South West Rocks, listed as (Appendix J) The section of old Belle O’Connor Street located to the North of Peter Mark Circuit provides vehicular access for No. 192 Gregory Street and the Country Energy substation only.


Proposed lot 10 has subdivision approval and none of the proposed new residential lots will have access to the old Belle O'Connor Street. The dwellings fronting Peter Mark Circuit do not have access to this public road. In this instance as no street numbers will be required, it would be appropriate for Council to forgo naming this section of the existing dedicated public road. It has been brought to Council’s attention that the current street name Belle O’Connor (west) is confusing the mail delivery contractor and the Director of Engineering prefers renaming this section of public road. In keeping with Council’s policy on street naming it is proposed to rename Belle O’Connor Street (west) Steve Eagleton Drive after a World War II veteran. Section 162[3] of the Roads Act 1993 requires Council as the roads Authority to notify the Geographical names Board at least one month prior to the name change.

Financial Implication

The financial implication of Council renaming Belle O’Connor Street (west) is that it will need to allocate funds from the budget for the supply and erection of two street signs.


That Council pursuant to Section 162 of the Roads Act 1993 notify the Geographical Names Board of its intention to remove the name Belle O’Connor Street as described in the body of this report and rename Belle O’Connor Street (west), Steve Eagleton Drive.

DES9 GOULDS LANE SAND QUARRY, CLYBUCCA FILE: T20-81-238 AJC {Folio No. 253765}

This report was dealt with earlier in the meeting just after PUBLIC

FORUM.

DES10 DUAL OCCUPANCY - SOUTH WEST ROCKS FILE: T6-03-171 AD {Folio No. 253766}

SUMMARY:

Reporting that Council has received an application for an attached dual

occupancy for which an objection has been received.

Applicant: V Y & M E Lee Subject Land: Lot 51 DP 531363 McIntyre Street, South West Rocks

Zone: 2(c) Residential "C"


Proposal: 2 x 3 bedroom two storey attached units

The proposal is for a 2 storey building containing 2 units. (Appendix L)

Heads of Consideration:

The proposal has been examined having regard for the Heads of Consideration identified under Section 79 C(1) of the Environmental Planning and Assessment Act with the following matters considered to be of particular relevance to the proposal.

The proposal is not contrary to any State Environmental Planning Policies, North Coast Regional Environment Plan 1988 or Kempsey Local Environmental Plan 1987. Development Control Plan No 22 - Local Housing Strategy The proposal is required to comply with the following standards of DCP 22:-

Standard Required Proposed Complies

Y/N DENSITY - High

260m2

537.5m2

Yes

SETBACKS - side - front - rear (western boundary)

0.9m/1.5m

5m 0.9m/1.5m

1.3m/2.2m 5.5m

5.6m/5.5m

Yes Yes Yes

CARPARKING - resident - visitor

2 covered 1 visitor

2 covered 1 visitor

Yes Yes

Private open space

25m2 w/16m2 quadrangle

40m2 per unit

Yes

Landscaping

110m2

132m2 (approx)

Yes

Height

<6.2m

5.7m

Yes

Solar Access

Section 4.7.2

Adequate

Yes

Privacy

Section 4.8

Concern raised

*


Cut and fill

Section 4.9

Nil

Yes

Erosion/ sediment control

Section 4.10

To be conditioned

Yes

Infrastructure

Section 4.11

To be conditioned

Yes

* See Planning comment.

Public Exhibition

The proposal was advertised in accordance with Council's Policy with one (1) objection having been received which may be summarised as follows:

Objection Planning Comment

1. The drawings submitted with the

advertising letter are inadequate and incorrect for proper assessment i.e.

a. Elevations are wrongly

labelled; b. No elevation to Ms Williams

property is provided; c. Dimensions and RL's to AHD

are omitted; d. Upper floor plan, roof, room

names etc. are omitted; e. No landscaping plans

provided; f. No shadow diagram provided.

1. An advertising plan is sent to all

adjoining landholders providing an overview of the proposed development in accordance with Council's Policy.

Privacy Regulations dictate that

internal floor plans are not publicly displayed.

A landscaping plan has been

provided for assessment. A shadow diagram was prepared by Council staff, resulting in no overshadowing occurring of any dwelling or primary private open space in excess of Council's standard. Any overshadowing is restricted to carparking areas and McIntyre Street to the south.

2. The proposal as submitted is ill-

considered and aesthetically inappropriate for this location.

2. There are no specific design

requirements relating to proposals in this zone other than the requirements of DCP 22.

3. The development affects the

adjoining landowners privacy.

3. Concern was raised regarding

impacts upon the privacy of the northern adjoining lot from the proposal, an inspection revealing minimal impact upon the


Objection Planning Comment

windows of the dwelling on the northern lot, with existing significant screen planting between the two lots.

A condition will be applied

requiring existing and additional screen planting along the northern boundary of 38 McIntyre Street, which is to be maintained to the satisfaction of Council in order to address privacy concerns.

4. No attempt has been made to

discuss the proposal with the owners of adjoining lots.

4. Adjoining landowners are notified

of the proposal in accordance with Council's Policy on the advertising of Development Applications. Proponents are not obliged to approach neighbours.

5. The development is apparently

motivated by desire for financial gain at the expense of environmental and community benefit. Council has the opportunity to ensure that a precedent is established for good design in this important resort area.

5. The development complies with

the required standards outlined in DCP 22. There is no evidence to support the claim the proposal that negative impacts on the environment and community will occur.

Planning Comment In order to address the objectors further concerns relating to privacy, the applicant submitted amended plans showing correct labelling of elevations to adjacent properties. The objector was invited to comment upon the plans and included in their submission, re-iterated the original objections by stating that: • The information on the amended advertising plan is totally inadequate

for proper assessment; • Council has not consulted with the objectors, with particular reference

to shadow diagrams or landscaping; and • The question of "appropriate design" has not been raised or

addressed by Council. As stated in previous planning comments summarised within this report, the applicant has submitted plans deemed adequate for assessment although the amendments to labelling of elevations were not publicly displayed. As noted in Planning Comment number two, there are no specific design requirements for the zone other than the requirements of DCP 22. It needs to be mentioned that on the adjacent neighbouring lots (i.e. 36 McIntyre Street and 42-44


McIntyre Street), two storey multiple unit structures exist. The current proposal is a two storey complex. The applicant has complied with the required elements of DCP 22, the issues raised by the objector have been addressed in the report and the proposal is considered appropriate having regard to the amenity of the area.


That consent be granted, subject to the following conditions:-

1 The development referred to in this application is to be carried out substantially in accordance with the approved development plans as modified by any conditions of this consent.

2 This consent has been issued on the basis that Council has been

appointed as the Principal Certifying Authority and Council has accepted the appointment and will be issuing the construction certificate.

3 This consent does not permit commencement of any works.

Works are not to commence until such time as a Construction Certificate has been obtained and the appointment of a Principal Certifying Authority.

4 Two days prior to commencing work Form 7 under Environmental Planning and Assessment Act Regulations, Notice of Commencement of Building or Subdivision work and Appointment of Principal Certifying Authority is to be submitted to Council.

5 The dwellings are not to be occupied until all conditions of

Council's consent have been complied with to the satisfaction of Council and an Occupation Certificate has been obtained.

6 Before the commencement of site works, demolition or building,

the following activities must be completed:

a Installation of soil erosion and sedimentation control devices.

b Installation of safety fencing/hoardings between the property and the street

c Protection barriers for existing trees d Installation of builder's toilets e Installation of signage in prominent, visible position

including - • "Unauthorised site entry is prohibited" • Name and phone number of builder or other responsible

person for contact outside working hours. 7 Provision of a security deposit to Council totalling $600 to cover

any damage sustained to public property including footway and kerb and gutter or road pavement during construction and to


ensure satisfactory completion of any works on public property required in connection with this approval. The deposit is to be lodged with Council prior to the issuing of the required Construction Certificate and will be released upon submission of documentary evidence indicating that an Occupation Certificate has been issued.



Inspections required: (a) footings in position and prior to the pouring of concrete; (b) all steel reinforcement prior to the pouring of concrete; (c) completion of wall and timber framing with any veneer

walls completed prior to wall sheeting being fixed; (d) wet area floor and wall surfacing prior to tiling; (e) completion of stormwater systems prior to backfilling; (f) prior to any wall linings the insulation shall be inspected,

a ladder shall be provided at the final stage to provide access to the ceiling space or alternatively, a certification from a registered installer shall be submitted certifying the wall and ceiling installation complies with the approved single residence scorecard.

Note: Accounts will be forwarded for inspections that are

required and/or undertaken in addition to those inspections for which a pre-payment has been made.

9 Submission of an application(s) to Council pursuant to Section

68 of the Local Government Act 1993 for the following, prior to the issue of a Construction Certificate:-

a Installing a temporary structure on land b Carrying out water supply work c Installing, altering, disconnecting or removing a meter

connected to a service pipe d Carrying out sewerage work e Carrying out stormwater drainage work


f Connecting a private drain or sewer with a public drain or sewer under the control of a Council or with a drain or sewer which connects with such a public drain or sewer.

g Disposing of waste into a sewer of the Council.

10 Approval is subject to the condition that the builder or person






13 If the excavation is to extend below the level of the base of the

footings on an adjoining allotment, the person causing the excavation shall:

(a) preserve and protect such building from damage; and (b) if necessary, underpin and support the building in an

approved manner. Seven (7) days notice is to be given to the owner of the

adjoining allotment of the intention to excavate below the level of the base of the footings. (Reference: Clause 34, Local Government (Approvals) Regulation 1993.

14 Hoarding/fence is to be provided to the site in accordance with

the assessment provided to Council. 15 Details of proposed hoarding to be submitted, in writing, prior to

the commencement of building operations. 16 A builder's toilet complying with Clause 78I of the Environmental



any work is commenced.

17 All building work must be carried out in accordance with the



a If the soil conditions require it:-

(a) retaining walls or other approved methods of preventing movement of the soil must be provided; and

(b) adequate provision must be made for drainage.

b The dwelling shall be constructed to include all the energy

efficiency requirements contained within the single residence scorecard, e.g.:

Walls Roof A Wall Kempsey Roof Rating Assessment dated Ceiling p Hotwater

s specified by the assessment Shire Council Housing Energy

14/3/03rovided with the application.

c Structural Engineer's Details for retaining walls, reinforced

concrete slab and structural steel work is to be submitted prior to any work commencing on the building.

d Protection is to be provided from subterranean termites.

Council's Code of Practice outlines methods which may be used. Details of the proposed method or methods are to be submit t of work and sui rior to the issue o

e That the floor ded

and drained aare treated towalls. An inswith Council prior to the is

f The windows

shall complyProvisions aCouncil with athe window awith the requi

g Should the v

height abovebe provided

THIS IS PAGE 53 OF THE FULL TEXSHIRE COUNCIL HELD ON TUESDAY ………………………………. MAYOR

ted for approval prior to commencementable certifications are to be submitted pf an occupation certificate.

surface of the wet areas are properly gra
nd the junctions of the floor with the walls
prevent the penetration of moisture into the pection of the treated area is to be arranged or suitable certification is to be submitted

sue of an occupation certificate.

and glass installations within the building with AS 1288, Part 3.6 BCA Housing

nd AS2047. The applicant shall furnish report from the supplier upon completion of nd glass installation indicating compliance rements of AS1288 and AS2047.

erandah, patio or landing exceed 1 metre in the ground then a suitable balustrade is to to the verandah, patio or landing and steps

T MINUTES OF THE ORDINARY MEETING OF THE KEMPSEY 13TH MAY 2003.


for safety and convenience. Such balustrade to conform with the requirements of

(1) D2.16 (2) Part 3.9.1. and 3.9.2 of BCA Housing Provisions of the Building Code of Australia.

Note: Spacing of rails not to exceed 125mm. h Riser and Going dimensions for stairs shall be in

accordance with Clause D2.13 of the Building Code of Australia. In Class 1 and 10 buildings the following will apply:

Riser(R) Going (G) Quantity (2R + G) max min max min max min 190 115 355 240 700 550 Note: Any openings between treads not to exceed

125mm. i Details of roof trusses, tie down and roof bracing are to be


j Details of wall bracing to be carried out in accordance


k Kitchen exhaust fans are to be ducted externally of the

building or a recirculating hood type be provided. l Class 2 Buildings An automatic fire detection and alarm system is to be

installed in the building. Such system to conform with Specification E1.7 of the Building Code of Australia or be a smoke alarm system complying with AS 3786 or listed in the SSL Register of Accredited Products.


have a stand by power supply and installed in each storey to comply with Clause E1.7 (N.S.W. Variation). Details of location of the units are to be provided for approval prior to installation.

m Engineering Certification separating walls. Professional

Engineers Certification that the wall separating the dwellings meets the design requirements of Part 3.7 of the Building Code of Australia and AS 3700-1988. Masonry buildings for a fire resistance level of 60/60/60 being submitted to and approved by the PCA prior to commencement of work.


n Any sarking used in the roof of the dwelling must have a flammability index not more than 5.

o Earth works must comply with Part 3.1.1 of the Building

Code of Australia (Housing Provisions). p Drainage of the site must comply with Part 3.1.2 of the

Building Code of Australia (Housing Provisions).

18 Access from the street to the property boundary to be via a standard layback and full width concrete paving. Paving to be 125mm thick unreinforced with construction joints to suit service trenches. Applicant is to consult Council's Environmental Services Department for details prior to commencing work on site. Maximum width of driveway across footpath area is to be 4.50 metres.

19 Provision of a physical barrier across the full road frontage of the

property suitable to prevent vehicular access at locations other than the approved driveways prior to occupation of the premises. Details are to be provided with the plans for the Construction Certificate.

a All redundant vehicle crossings are to be removed and

replaced with kerb and gutter to Council's standard. b Telecom Pit to be relocated clear of the proposed vehicle

access. c Electricity supply pole to be relocated clear of the

proposed vehicle access. 20 Roofwaters are to be directed by means of sealed pipes to the

street gutter. Details are to be provided with the plans for the required Construction Certificate. Separate connections required for each unit.

21 Existing levels and final levels of property together with floor

levels are to be shown on plans for the required Construction Certificate. Levels are to be shown in Australian Height Datum.

22 Submission of an application for a Certificate of Compliance

pursuant to Section 305 of the Water Management Act 2000 and the lodgement of a Certificate of Compliance indicating that the requirements of Section 306 of the Water Management Act 2000 have been met, prior to release of the Subdivision Certificate/Construction Certificate.

23 You are advised that a Certificate of Compliance pursuant to

Division 5 of the Water Management Act 2000 will be issued by Council, subject to the following matters being complied with:- a Payment of a contribution towards the augmentation of

sewerage headworks at the rate of $2828 per equivalent tenement, i.e $2828 x 1 E.T = $2828. (Indexed 2002/2003)


b Payment of a contribution towards district water supply at

the rate of $1130 per equivalent tenement, i.e $1130 x 1 E.T = $1130. (Indexed 2002/2003)

24 The applicant is to pay a contribution towards outdoor recreation

for each additional dwelling unit after the first unit in accordance with Council’s Section 94 Plan for Outdoor Recreation. The contribution is to be paid prior to the release of the Construction Certificate/Subdivision Certificate, at the rate prevailing at that time. The current rate is $1758 per additional dwelling unit, i.e $1758 x 1 E.T = $1758. (Indexed 2002/2003)

25 The applicant is to maintain the existing vegetation screen

planting, as well as incorporating additional screen planting measures if required along the northern boundary of 38 McIntyre Street. Details are to be provided prior to the release of the required Construction Certificate.

DES11 SUBDIVISION OF LOT1 DP871437, 30 FRANK COOPER STREET, SOUTH WEST ROCKS FILE: T6-02-548 AJC {Folio No. 253767}

SUMMARY: Reporting on a request to stage a proposed subdivision at 30 Frank Cooper

Street, South West Rocks.

Applicants: Tiprush Pty Ltd. Subject Land: Lot 1 DP871437, at 30 Frank Cooper Street, South West Rocks

Proposal The proposal before Council is to subdivide the existing Everglades Aquarium site into 31 residential allotments in 3 stages as shown in the amended plan of application attached to this report as (Appendix M) Flora and Fauna

Council wrote to Tiprush on the 17 January 2003 requesting the applicant to either lodge a Species Impact Statement as required by section 78A of the Environmental Planning and Assessment Act 1979 or provide Council with further information demonstrating that the development proposal will not have a significant affect on the resident squirrell gliders(threatened species) and or their habitat.


In response the applicant provided a Review of Fauna issues for this development proposal by Peter Parker(Ecological Consultant) adding to the flora and fauna assessment prepared by Darkheart in October 2002. The applicant has amended the plan of application to reflect the recommendations contained in the flora and fauna review dated the 17 March 2003 and prepared by Peter Parker(Ecological Consultant). Mr Parker concludes that by modifying the subdivision layout to retain the majority of old growth trees at the site that this subdivision proposal is unlikely to significantly affect the squirrell gliders. Section 5A of the Environmental Planning and Assessment Act 1979 requires Council to determine whether there is likely to be any significant effect on threatened species. NSW National Parks and Wildlife Service provided written advise to the applicant’s consultant on the eight part test (Section 5A of the Environmental Planning and Assessment Act 1979) and that advise is summarised below: - 1. That a population onsite be considered isolated unless movement of

individuals or exchange of genetic material across the boundary of the site is demonstrated.

2. Considers that the squirrell gliders onsite are likely to move to

adjacent areas as part of the larger population. 3. That land clearance is listed as a key threatening process under the

provisions of the Threatened Species Conservation Act 1995. 4. The cumulative impact of adjacent developments and within the

coastal areas in general is of concern to NSW National Parks and Wildlife Service. Therefore NPWS recommends councils consider preparation of a master plan for this area.

5. Suggestion that the applicant consider deferring development of the

southern end of the site that hold the squirrell gliders until such time as a master plan has identified it for release.

The submission provided by the applicants Consultant has not demonstrated how it is intended to manage further future residential development so the trees marked for retention will be retained beyond the subdivision stage, nor has any comment upon the NSW National Parks recommendation been made. Bushfire The applicant lodged an addendum to the original Bushfire Assessment prepared by their consultant received at Council on the 14 April 2003. The amended bushfire assessment was referred pursuant to Section 79BA of the Environmental Planning and Assessment Act 1979 to the NSW Rural Fire Service seeking the issue of a bushfire safety authority. Planning Comment


The applicant also seeks to vary the following minimum standards contained in Council’s Development Control Plan 36 and shown in the table below and explained in the consultants submission attached to this report as (Appendix N)

COUNCIL’S MINIMUM

STANDARD

APPLICANTS PROPOSED

VARIATION

The minimum lot frontage to an existing or proposed internal road is 17 metres.

Proposed allotments 9, 10, 14, 15 and 19 have a frontage to the proposed internal road of 5.92 metres and 11 metres.

A minimum turning radius of 8.5 metres applies in cul de sacs.

Provide “T’ type turning area for the proposed internal road in accordance with the publication Queensland Streets figure 2.12.

All new lots to have full frontage to existing or new road.

Lots 19, 20, 21, 30 and 31 are proposed to be serviced by a concrete access-way, 3.5 metres wide in accordance with Section 2.6, Queensland Streets being a single lane carriageway.

Internal road reservation width for up to 20 lots 15 metres and for up to 100 lots 16 metres wide.

Full length of the proposed internal road to be have a road reservation width of 15 metres in accordance with Section 2.9 of Queensland Streets.

Minimum carriageway width for up to 20 lots is 7 metres and for up to 100 lots is 9 metres.

Carriageway width proposed is 5.5 metres for full length of internal road.

Minimum footway/verge width is 3.5 metres.

Proposed width 4.75 metres a 0.5m greater than the recommended 4.25m in Queensland Streets.

Downhill cul de sac not permitted.

The proposed amendments are generally related to Queensland design criteria.

The Director of Engineering has the following concerns and comments: -


1. The road pavement width is well below the Council standard and there is no on street parking which is usually associated with this type of roads layout.

2. At the “T” head turning area there is insufficient area for a garbage

truck to turn. 3. The new internal road traverses through the remnant habitat of the

locally occurring threatened onsite at the southern boundary of the property.

4. Use of access ways rather than standard constructed road access to

lots 19,20,21,30 and 31. 5. Considering the abovementioned constraints that the applicant’s

consultant might like to reconsider the proposed layout of the subdivision.

In addition the applicant was requested to consider the provision of a neighbourhood park to be provided in accordance with Development Control Plan 10 Provision of Open Space for South West Rocks and Immediate Districts. The applicant has cited the lack of provision for open space by surrounding residential development, the position of the land parcel, and limited connectivity would provide little benefit. The development is for 31 residential allotments. Using the formula in DCP 10 of 2.83 hectares per 1000 persons it is evident that this development alone generates the need for a neighbourhood park. Proposed lots 9,10,14 and 15 have insufficient frontage to the internal road and only 13 metres width approximately at the building line. This places limits on the development potential of these allotments. The applicant has not demonstrated that the future development potential of these lots is feasible. Proposed lot 19 is a battle-axe allotment and does not comply with Council’s current standard. The applicant has not addressed in his submission this aspect of the proposal demonstrating why council should in the circumstances accept the variation

2003. 411 RESOLVED: Moved: Cl. Hunt Seconded: Cl. Bowen

That Council request the applicant to reassess the proposed subdivision layout addressing the concerns as raised in the body of this report.

DES12 COMPLIMENTS RECEIVED BY STAFF FILE: S10-2 BWC (NRN) {Folio No. 253768}

SUMMARY:


Reporting on compliments received by Environmental Services Department Staff.

Mrs B Hicks: "I would like to thank Mr Casselden and his staff for their

service in our recent dealings with Council." Mr M Barber: "Keep up the helpful and good work - thank you."

2003. 412 RESOLVED: Moved: Cl. Sproule Seconded: Cl. Bowell

That the information be noted.

DES13 BUILDING AND DEVELOPMENT FILE: B9-2 BWC (NRN) {Folio No. 253769}

SUMMARY: Reporting that the following applications have been approved: APPROVALS Local Development (LD) (Appendix ‘O') Construction Certificates (CB) (Appendix ‘P') The following statistics relate to various activities within the Environmental Services Department. Local Development Applications: Period Number Applications Value Approvals Median approval time Percentage approved in 30 days Inspection

1.1.02 - 31.3.02 150 $7,821,096 140 21 days 76.4% 391

1.1.03 - 31.3.03 201 $18,629,500 176 25 days 66.5% 468

The percentage increase in applications and approvals was 25%. The increase in the median approval time reflects the increase in applications to be processed and the associated inspections which increased by 20% in the same period.



That the information be noted. DIRECTOR ENGINEERING REPORT

DE1 POINT PLOMER ROAD FILE: R POINT PLOME KJF (NRN) {Folio No. 253770} This report was dealt with earlier in the meeting just after PUBLIC FORUM. DE2 BRIDGE NAMING FILE: B6-2 KJF {Folio No. 253771} This report was dealt with earlier in the meeting just after PUBLIC FORUM.

DE3 DONDINGALONG ROAD FILE: LA10351, LA10324 KJF COPY: APC {Folio No. 253772} SUMMARY: Reporting on a request to lease a portion of road reserve.

In February 2002, Council received a letter from a property owner at Dondingalong to lease a portion of public road. The road in question is a dedicated public road, since approximately 1903, that has not been developed or used. A plan of the area is attached at (Appendix C) with the road in question hatched. The roadway is fenced to allow some portion attached to LA10351 (Lot 34) and another to LA10324 (Portion 11). Also, a portion of Lot 34 is fenced in favour of Portion 11 and a small section of Lot 34 is used as road access to Portion 11. A plan of the fenced areas is shown at (Appendix D) and a plan showing the approximate separate areas involved is shown at (Appendix E). Some confusion was apparent initially, as one property owner believed that he had acquired the road in 1974, but this was found to be incorrect. Between Lot 1 and Portion 11 a Crown Road exists, heading northwards to Dungay Creek. This road is not fenced and needs to remain unfettered to allow the opportunity for access.


Lot 34 has an area of approximately .518 Ha (shown as E on (Appendix E)) of its property fenced out in favour of Portion 11. However, two areas of dedicated public road are fenced in in favour of Lot 34 with areas of .285 Ha and .55 Ha (shown as A & B on (Appendix E)). A small area, .0325 Ha (shown as D) is required from Lot 34 for road to maintain the access to Portion 11. As Council has no need for the road from the existing Dondingalong Road easterly to Lot 1, it is recommended that Council apply to the Department of Lands and Rural Affairs to close that portion of road in favour of Council. The small section adjacent to Lot 1 should be retained but can be offered for lease. Council will also need to acquire approximately 325m2 from Lot 34 for road reserve. If successful in acquiring the land, Council may then offer it for sale. If the land is acquired by the Department, they may like to offer it for sale. The cost to make application to the department is $1,650. Funds could be drawn from the vote provided by Council for Survey – Road realignments. The costs to acquire land from Lot 34 for road access should be in the order of $4,000 with funds also drawn from the vote provided by Council for Survey – Road realignments.

Financial Implication The financial implication of the following recommendation would be

expenditure of $5,650 from the vote for Survey – Road realignments. 2003. 414 MOVED: Moved: Cl. Bowell Seconded: Cl. Bowen

1. That an application be made to the Department of Land and Rural Affairs to close the road reserve from Dondingalong Road to Lot 1, DP253538.

2. That land be acquired from Lot 34, DP752435, for access to

Portion 11.

An Amendment was MOVED: Moved: Cl. Sproule Seconded: Cl. Hunt

1. That land be acquired from Lot 34, DP752435, for access to Portion 11.

2. That the matter of the road reserve which is fenced into Lot 34 to

be negotiated between the Council and the owners.


DE4 RURAL FIRE SERVICE FILE: F3-2 KJF (NRN) COPY: APC {Folio No. 253775}


SUMMARY: Reporting on the Service Level Agreement for the Rural Fire Service for 2003/2004.

The existing Service Level Agreement with the Rural Fire Service expires in June 2003. Thereafter, Kempsey and Nambucca Shire Council will combine into the Twin Rivers Rural Fire Zone working under the new Twin Rivers Rural Fire Zone Service Agreement. This Agreement has been adjusted to make it easier to understand and administer and to reflect the transfer of some Council functions to the Commissioner. A Liaison Committee, consisting of 9 members will need to be formed as follows: (a) One Councillor from each of the Councils, appointed by resolution of the Councils; (b) the General Manager of each of the Councils, or his or her delegate; (c) one volunteer rural fire fighter from each of the Districts appointed by

the local branch of the NSW Rural Fire Service Association Inc (the RFSA) or, in the absence of a local branch of the RFSA, elected in accordance with the applicable Service Standard;

(d) one member of the Service staff from each of the Districts nominated

by the FCO and approved by the Commissioner;

(e) the Zone Manager who will be the Committee’s executive officer.

Council is asked to determine its Councillor delegate for 2003/2004. Council’s delegates for the current Liaison Committee are Councillors Hunt and Sowter. The Liaison Committee is not a committee of Council or of the Service. The Liaison Committee will (a) monitor and periodically review the performance of this Agreement by

the Councils and the Service. (b) Review the following documents prepared by the FCO prior to

submission to and consideration by the Council’s:

(i) the annual budget and business plan and (ii) the quarterly financial and performance reports.

Financial Implication The financial implications of the following recommendation would be

Councillors fees, covered by the vote for Councillors, and costs for the Rural Fire Service in line with Council’s approved budget.



1. That the Councillor delegate to the Twin Rivers Rural Fire Zone Service Agreement be determined.

2. That the Mayor and General Manager be authorised to sign the

Service Agreement and 3. That Council’s seal be attached to the Service Agreement.


1. That the Councillor delegate to the Twin Rivers Rural Fire Zone Service Agreement be determined.

2. That the Mayor and General Manager be authorised to sign the

Service Agreement and 3. That Council’s seal be attached to the Service Agreement. 4. That Councillor Hunt be Council’s Delegate.

DE5 CAPITAL WORKS INCENTIVE VOUCHER RESERVE FILE: R3-30 KJF (NRN) COPY: APC {Folio No. 253778} SUMMARY: Reporting on the Sports Fields Capital Works Incentive Voucher Reserve.

In considerations with the 02/03 Budget, Council determined to utilise all the funds held in reserve for Sports Fields Capital Works Incentive Vouchers. In a recent reconciliation of credits achieved within this scheme, the following figures were determined:

INCENTIVE VOUCHER RECONCILIATION

as at 5.5.2003

User Group Credit Due Cougars 422.10 Kemp Street Sports 757.00 Macleay Netball 761.72 Kalateenee * 1,572.77 Gladstone Tennis * 2,419.90 Kempsey Cricket 326.45 Upper Macleay Sports 876.00 Frederickton Sports 6,611.00 Kempsey Junior Rugby League 207.00 South West Rocks Sports Assoc 869.55 Stuarts Point Sports Assoc 2,100.45 Smithtown Sports Assoc 2,132.00 TOTAL $19,055.94


With the removal of fees for use of Sporting Fields, Council also removed the Sports Fields Maintenance Incentive Voucher Scheme. Should the separate Sports User Groups seek funding, Council has no funds provided to meet the funds due. As the Kalateenee Reserve Group and the Gladstone Tennis Group are not really involved with the Sports Council funding, funding for their credits of $3,992.67 could come from the Community Services Incentive Voucher Scheme. To address the shortfall of $15,063.27, the following is proposed. Some $20,000 was provided, from the Reserve funds, for Field Development at South West Rocks with a view to some initial work on the new fields at Boyters Lane. A further $5,000 approximate income has been derived from leasing of the area until April. It is proposed to utilise $15,000 of these funds to meet the Incentive Voucher Reserve requirements leaving some $10,000 for the initial work on Boyters Lane Fields. This will allow removal of fencing, troughs etc, to allow the area to be regularly slashed, and some filling of low points. In future years, Council will have to ensure an amount is provided to meet future Capital Incentive Voucher credits.

Financial Implication The financial implications of the following recommendation will be the

diversion of funds from the vote for Field Development at South West Rocks to cover the shortfall in the Sports Fields Capital Incentive Voucher Reserve.


That the vote for Field Development at South West Rocks be reduced by $10,000 and these funds be combined with the income from the lease of Boyters Lane Sports Fields to meet the requirements of the Sports Fields Capital Works Incentive Voucher Reserve.

2003. 417 RESOLVED: Moved: Cl. Joukhadar Seconded: Cl. Hunt That no action be taken.

At this stage 1.05 p.m. the Meeting adjourned for Lunch and upon resumption at 2.04 p.m. all present at the adjournment were in attendance.

DE 6 FISHERMAN’S REACH ROAD FILE: LA12528 KJF COPY: APC {Folio No. 253781} SUMMARY: Reporting on a proposed exchange of land along Fisherman’s Reach Road.


At its meeting of 11th March 2003, Council considered a report on this matter and resolved: “That this item be deferred until the next meeting of Council so that the Director may provide information on the costs involved”. The original report is again presented below. Council has received a request to resolve a problem with the southern end of Fisherman’s Reach Road from the owner of the 4 properties before the DLWC land that includes Yarrahapinni Floodgates. The road reserve is along the riverbank and partially in the river. The “unmade track” in use lies mostly within this road reserve but does meander onto this private property. This portion of road is not normally maintained by Council. A solution appears to be to relocate the road reserve onto the nearby Easement for Transmission of Electricity CountryEnergy have no problems with this concept subject to the edge of the new road being no closer than 3m from the power poles. The property owner is in favour of this option provided the existing road reserve is closed in his favour. A plan of the area is shown at (Appendix G) The road is dedicated public road and is a part of the Stuarts Point South West Rocks RoadLink project. It is proposed that Council proceed with the opening of a road reserve within the existing easement for transmission of electricity and that the public road reserve along the riverbank be closed. Costs would be drawn from the vote for Survey and Resumption. The estimated costs involved are listed: Road Closure application $ 880 Application Fee to DLWC $ 770 Plan of Subdivision $2,000 Subdivision Application to Environmental Services $ 250 Legal Costs $2,000 These will be met from the votes provided by Council for Survey – Road realignments for which a vote of $20,000 is provided and some $9,000 is remaining. Council first needs to make application to close the existing dedicated road.


costs for survey and resumption drawn from the vote provided by Council.



That the road reserve adjacent to lots 7 and 8, DP788913 and lots 9 and 10, DP788914, be closed in favour of the adjacent owners and that a road be opened within the existing easement for transmission for electricity.

DE7 CAR PARKING FILE: R8-24 APV (NRN) COPY: APC {Folio No. 253785} SUMMARY: Reporting on proposals to upgrade lighting in Council’s car parks.

In Council’s budget for 2002/2003 an amount of $15,000 has been provided for the development of additional car parking on the northern side of Forth Street adjacent to Stuart Street, Kempsey. The amount of $15,000 would only allow minor work to be undertaken prior to the bulk of the funds in the amount of $100,000 being provided. The additional $100,000 was originally scheduled to be provided in 2003/2004 but in Council’s Five Year Financial Plan has been deferred to 2005/2006, in order to allow development of the new car park adjacent to the West Kempsey Post Office in Elbow Street in 2004/2005 and 2005/2006. Council has received several requests to improve the lighting within Council controlled car parks in central Kempsey. Evaluations by the Police and Council staff via Crime Protection through Environmental Designs process have also identified the need for upgrading the lighting in the car parks to reduce opportunities for crime. It is proposed that additional lighting be provided in 2002/2003 in the following car parks:

• Stuarts Street East Car Park at northern end • Eden Street (Elringtons) Car Park at the southern end • Verge Street Car Park behind Ampol Car Park between Verge Lane

and Verge Street.

The cost for CountryEnergy to supply and install appropriate lighting in each car park totals $7,016 and Council would be responsible for trenching and restoration, which is estimated to cost a further $7,500. It is proposed to utilise the funds available for the development of Forth Street to provide this lighting. The increase in annual charges is some $900 which would be included in Council’s Annual Street Lighting Budget.

At this time, due to security and public liability issues, the upgrading of lighting in the car parks is seen as a higher priority than the construction of a new car park.


Financial Implication The financial implication of the following recommendation is the

expenditure of the vote provided for development of additional parking area on enhanced lighting of existing car parks and an increase in annual network charges of $913.

2003. 419 RESOLVED: Moved: Cl. Sproule Seconded: Cl. Sowter

That the upgrading of the car park on the northern side of Forth Street be deferred in favour of the upgrading of the lighting of the car parks in Central Kempsey as outlined in the report.

DE8 SOUTH KEMPSEY PARK REST AREA FILE: LA18897 (252840) NJT {Folio No. 253789} SUMMARY: Reporting on a grant received from the Roads and Traffic Authority.

Council has received a grant of $50,000 from the Roads and Traffic Authority to carry out improvement works at South Kempsey Park Rest Area. This is in addition to the grant of $74,000 received in 2001/2002. The grant of $50,000 provides funding for the upgrading of the rest area with fencing along the frontage, road works to accommodate bus, coach and caravan manoeuvring and parking, and removal of dangerous trees and branches. The removal of dangerous trees has already been carried out. This much needed influx of grant funding provides Council the opportunity to provide an improved facility and will increase the attractiveness of Kempsey as a stop-over to the travelling public.

Financial Implication There are no financial implications from the following recommendation

as all funds will be provided as a Grant from the RTA. 2003. 420 RESOLVED: Moved: Cl. Sproule Seconded: Cl. Sowter

That the grant in the amount of $50,000 from the Roads and Traffic Authority for upgrading works at South Kempsey Park Rest Area be accepted.

DE9 2002/2003 SAFETY AROUND SCHOOLS PROGRAM FILE: R8-19 (252716) NJT {Folio No. 253792}


SUMMARY: Reporting on grants received from the Roads and Traffic Authority.

Council has received a grant of $25,200 from the Roads and Traffic Authority to reinstate existing 40kph school zone patches under the 2002/2003 Safety Around Schools Program. Council has also received advice from the RTA that its application for funding for traffic facilities improvements in Marsh Street adjacent to the West Kempsey Primary School has been successful. The RTA has provided funds in the amount of $29,000 on a 1:1 basis. Funds are provided in the Kempsey Town Improvement Program in the amount of $29,000 to match this pending offer. It is proposed to consolidate the two existing pedestrian crossings into one, reconstruct the kerb adjacent to the school on a new alignment to provide better access to the bus zones and school crossing and to provide angle parking on the southern side of Marsh Street east of the school. Consultation regarding the proposal will be undertaken with the School Principal, the bus operators and the Traffic Committee before finalising the design.


as funds are available to match this grant under the Kempsey Town Improvement Program.


That the grants in the total amount of $54,200 from the Roads and Traffic Authority to under the 2002/2003 Safety Around Schools Program be accepted.

DE10 DRAFT ROAD TRANSPORT REFORM (COMPLIANCE

AND ENFORCEMENT) BILL FILE: R8-19 (252716) NJT (NRN) {Folio No. 253795} SUMMARY: Reporting on advice received from Lgov regarding the Draft Road Transport (Compliance and Enforcement) Bill.

Council has received advice that the Draft Road Transport (Compliance and Enforcement) Bill is now in a form that will soon be put to Australian Transport Ministers for vote.


The draft bill is seeking to incorporate chain of responsibility provisions to make all parties involved in the consignment responsible or allows for a chain of responsibility accountability. A copy of a fact sheet from National Road Transport Commission titled “New Laws Make All Accountable” is attached at (Appendix H) The Mid North Coast Weight of Loads Group will be making a submission on behalf of all members.

Financial Implication There are no financial implications from the following recommendation. 2003. 422 RESOLVED: Moved: Cl. Sowter Seconded: Cl. Hunt


DE11 NOXIOUS WEEDS PROGRAMME - GIANT PARRAMATTA GRASS FILE: N3-2 GJW (NRN) {Folio No. 253797} SUMMARY: Reporting on the Giant Parramatta Grass Programme in Kempsey Shire.

The control of Giant Parramatta Grass (GPG) is carried out by Council’s Noxious Weeds Inspector and private spray contractors. The role of the Noxious Weeds Inspector is, primarily, to map weed infestations on both private, Crown and Council controlled land. This information is then passed on to the contractors for action if on Council controlled or Crown Land. If on private land, the landholder is contacted and asked to take action within 28 days (this is dependent upon the optimal spraying period for each weed). The Noxious Weeds Inspector is also required to:

• Liaise with local Land and Dune Care Groups • Assist in the development of local weed control plans • Report to the Noxious Weeds Advisory Committee on Weed

Control Programmes, to verify the utilisation of Grant funding • Assist in the compilation of regional weed maps • Prepare and submit applications for grant funding • Prepare Job Safety Assessments for all noxious weed works.


For Roadside Spraying for GPG, the following details are provided:

Year Kms Treated

95-96 559 96-97 686 97-98 800 98-99 750

99-2000 690 2000-2001 670 2001-2002 680 2002-2003 630

Funding for the control of GPG comes from both Council and grant revenues. In 2000-2001 Council received $12,000 in grant funding. In 2000-2002 Council received $4,600 in grant funding. This decrease is due to the State pool of funding being divided into smaller portions as requests for funding have increased. In 2002-2003 Council received no grant funding for the control of GPG, as Kempsey Shire was affiliated with the Far North Coast Weeds Advisory Board which received no funding in this period. We are now aligned with the Mid North Coast Weeds Advisory Board and hope to receive $5,400 in grant funding for 2003-2004. Work undertaken this year has been from Council’s Noxious Weeds Operational Budget and some $6,800 has been expended to date. The preferred Chemical to use in urban areas is pre-emergent control Taskforce, which does not kill lawn grasses and is best utilised in August September. After that, Roundup is used to spot spray particular outbreaks and restrict the spread. To complete the GPG Control Programme for 2003-2004, the following amounts of additional funding would be required:

Rural - $7,000 Residential - $3,000 With no funds available, however, the programme cannot be undertaken. In neighbouring Shire Councils the following staff are funded to control weeds:

Hastings 3 people (same area as Kempsey Shire) Taree 2½ people (same area as Kempsey Shire) Coffs Harbour 6 people ⅓ size of Kempsey Shire Bellingen 2 people ½ size of Kempsey Shire

Financial Implication There are no financial implications from the following recommendation. MOVED: Moved: Cl. Joukhadar Seconded: Cl. Hunt



An Amendment was MOVED: Moved: Cl. Bowen Seconded: Cl. Sowter

That $10,000 be found from Working Funds for programme to be undertaken. The AMENDMENT was PUT to the Meeting and was LOST.

2003.423 The MOTION was PUT to the MEETING and was CARRIED.

DE12 WILLAWARRIN PLAYGROUND EQUIPMENT FILE: R3-23 GJW (NRN) {Folio No. 253798} SUMMARY: Reporting on a request for a contribution towards the construction of a children’s play area at Willawarrin.

The Upper Macleay Sports Association has received a grant of $6,000 from the ANZ Bank to go towards the installation of playground equipment at Willawarrin. The Association hopes to raise a further $5,000 from fund raising and sponsorship. The proposed play equipment has been costed at $15,000, fully installed and will be placed at the Willawarrin Sports Fields. The Association are seeking a contribution of $5,000 from Council to complete the project. There is no playground equipment in the general area and it is felt that Council should support the proposal. Section 94 Contributions for Willawarrin have been fully expended. No allowance has been made within the 2003/04 budget although an additional capital vote has been sought for Willawarrin. A provision has been made for $15,000 for Parks at South West Rocks, to be funded from revenue, and Council may prefer to allow $10,000 for South West Rocks and $5,000 for Willawarrin.


as funding would come from Council’s approved budget. 2003. 424 RESOLVED: Moved: Cl. Sowter Seconded: Cl. Bowell

That $5,000 be provided from revenue in the 03/04 Budget as a contribution to the playground at Willawarrin.

DE13 GOALS AND GOAL POSTS FILE: R3-20 GJW (NRN) COPY: APC {Folio No. 253802}


SUMMARY: Reporting on the installation of new goal posts at Verge Street Stadium and provision of new hockey goals to two hockey fields.

A safety audit of sports facilities confirmed that the football goal posts at Verge Street Stadium and all 6 hockey goals were unsafe for further use. The goal posts at Verge Street Stadium were replaced and 4 new hockey goals were provided for the coming season. The cost of construction and installation was $9,500. No provision has been made in the 2002/03 budget to cover such capital expenditure and the Maintenance vote of $16,000 has been fully expended on maintenance of other goal posts and sight screens. It is proposed that, as the expenditure is for capital items, the costs be drawn from Section 94 contributions.

Financial Implication The financial implication of the following recommendation would be a

reduction in Section 94 contributions of $9,500. 2003. 425 RESOLVED: Moved: Cl. Hunt Seconded: Cl. Sproule That $9,500 be provided from Section 94 contributions to cover the

construction and installation of goal posts for Verge Street Stadium and provision of 4 new hockey goals.

DE14 TREE MAINTENANCE FILE: T11-4 GJW (NRN) {Folio No. 253804} SUMMARY: Reporting on Council’s Tree Maintenance program.

Council’s Tree Maintenance budget for 2002-2003 is exhausted. There are, however, a number of trees on Council’s list that require action as a priority due to their condition and concerns for safety and public liability. The locations and descriptions are:

• Thomas Hennessy Crescent, West Kempsey - 1 large Eucalypt -Dead.

Estimated cost of removal - $1,500


• 91 Leith Street, West Kempsey - 1 large Eucalypt - Dying, dropping branches.

Estimated cost of removal - $1,200

• Kemp Street, West Kempsey - Anglican Manse – 1 Camphor Laurel -

Dead. Estimated cost of removal $1,500.

• 71 Gregory Street, South West Rocks – 2 Eucalypts on Council’s

Drainage Reserve at rear of property - Dead. Estimated cost of removal $500. • 77 Gregory Street, South West Rocks – Large Eucalypt with branch

overhanging adjacent unit. Pruning required.

Estimated cost of pruning - $300 • 80 Arthur Street, South West Rocks – 2 Eucalypts on Council’s

Drainage Reserve at the rear of property - Dead (poisoned?).

Estimated cost of removal - $1,200.

• Our Lady Star of the Sea, Catholic Church, South West Rocks – 1 large Eucalypt overhanging entrance and parking area. Pruning required to make safe.

Estimated cost of pruning $800.

• 90 Tozer Street, West Kempsey – 1 Camphor Laurel - Dead.

Estimated cost of removal $1,200.

• 60 Tozer Street, West Kempsey – 1 Camphor Laurel – Dying.

Estimated cost of removal $1,200.

TOTAL ESTIMATED COST $10,600. As part of Council’s Tree Maintenance Program a priority system has been developed as follows: Priority 1: Dangerous – immediate attention required (ie. within 3 months) Priority 2: Potentially Dangerous – not requiring immediate attention, but

within 12 months. Priority 3: Not Dangerous – removal requested for aesthetic reasons etc.

An example of this is a healthy fig tree at the corner of Nicholson and Goonbi Streets, South Kempsey, listed for


removal as the adjacent owner believes it is a haven for undesirables.

The trees listed have Priority 1 but funds do not permit attention this financial year.

Financial Implication The financial implication of the following recommendation would be the

risk of a public liability claim. If a claim eventuates Council’s excess on its Insurance Policy is $10,000.

Director Engineering Recommendation: That work on the dangerous trees listed be deferred until July as no

funds are currently available. 2003. 426 RESOLVED: Moved: Cl. Sowter Seconded: Cl. Bowen 1. That work on the dangerous trees listed be deferred until July as

no funds are currently available. 2. That the issue of the healthy fig on the corner of Nicholson and

Goonbi Streets South Kempsey be referred to the Community Safety Council.

DE15 CRESCENT HEAD PLAYGROUND FILE: R3-16 GJW (NRN) COPY: APC {Folio No. 253806} SUMMARY: Reporting on the installation of playground equipment at Crescent Head.


That a further $10,000 of Section 94 Contributions be allocated to cover the additional works involved in provision of the playground at Crescent Head.

At this stage 2.30 p.m. Councillor Hunt left the Chambers.


DE16 QUESTIONS WITHOUT NOTICE FILE: C18-28 JC (NRN) {Folio No. 253807} SUMMARY: Reporting on Questions Without Notice from the Council meetings of the 20th March 2001, 14th May 2002, 13th August 2002, 8th October 2002, 12th November 2002, 11th February 2003, 11th March 2003 and 8th April 2003.

Responses to Councillors Questions Without Notice are listed for information.

Meeting of 20th March 2001 Councillor B R Sowter

File D5-2 {Folio No. 211596}

That the Director Engineering would investigate a drainage problem in Croads Esplanade, Smithtown, at the Smithtown Traffic Bridge where water runs down the footway into a resident’s backyard. Design options are being reviewed – referred to Roads and Traffic Authority for funding.

Meeting of 14th May 2002

Councillor B R Sowter

File: R8-2 {Folio No. 234526} That the Director Engineering will investigate contracting out of roadside slashing. Suitable contract being compiled, with service standards, assessment criteria, clear description of areas to be mown and requirements for Insurance and OH&S.

Meeting of 13th August 2002 Councillor J Sproule File: B1-2 {Folio No. 239942}


That the Director Engineering would investigate the possibility of the usage of signage to depict prevailing surfing conditions – eg. left or right hand point break. Options being investigated.

Meeting of 8th October 2002 File: LA9508 {Folio No. 243510}

That the Director Engineering would make enquiries about whether there was a possibility of the water towers at the Crescent Head Golf Course being used for whale watching shelters.

Options being reviewed.

Meeting of 12th November 2002

Councillor Sowter

File: LA6936 {Folio No. 245246} The Director Engineering would investigate the fire hazard at the Smithtown

radio tower property. Inspection reveals a mown strip around fence line and this is an

adequate hazard reduction measure. Issue referred to FCO for assessment of remainder of area.

Meeting of 11th February 2003

Councillor Sproule

File: R8-2 {Folio No. 249232}

That the Director Engineering would investigate the need to repaint the pedestrian crossing near the Queen Street/Middleton Street intersection. The problem with this area is the “bleeding of the bitumen” which is carrying onto the crossing. Still awaiting advice from Pioneer who carried out an inspection of the sites prior to Christmas.

Meeting of 11th March 2003 Councillor Sowter


File: R Barnard St {Folio No. 250737} That the Director Engineering would investigate the potholes at the front of Gladstone General Store. Potholes will be filled as part of routine maintenance. Councillor Sowter File: R Twohills Ln {Folio No. 250792} That the Director Engineering would investigate the need for maintenance work at Two Hills Lane. Maintenance grading was carried out during April 2003. Councillor Bowell File: R8-20 {Folio No. 250723} That the Director Engineering would investigate the need for further signposting of Russell Street, Arakoon. Additional signage has been installed. Meeting of 8th April 2003

Councillor Parkinson

File: T3-2 {Folio No. 252569}

The Director of Engineering advised that investigations would be undertaken into the feasibility of replacing the current billboard on northern side of South West Rocks turn off with a Trial Bay Gaol advertisement. The Manager Tourism has had talks with National Parks regarding signage promoting Trial Bay Goal. National Parks are constrained by budgetary constrictions and are focusing on their hinterland locations to relieve the load on the coastal regions.

Councillor Sproule

File: LA2767 {Folio No. 252590}

The Director of Engineering advised May Gill would be contacted in regards to RSPCA using the SES building in River Street. RSPCA has contacted SES. Talks revealed the SES building will be vacated by 11th May 2003.

Councillor Bowell

File: LA6911 {Folio No. 252596}


The Director Engineering was following up the request of Kempsey Lions Club to acquire the land at the site of the Clybucca Memorial Garden.

A letter has been dispatched and a meeting with Lions Club Executive scheduled for 6th May 2003 at 2.00pm.

Financial Implication There are no financial implications from the following recommendation.


1. That question without notice from Meeting of 13th August 2002 Councillor J Sproule File: B1-2 {Folio No. 239942} be withdrawn.

2. That the information be noted.

DE17 WORKS IN PROGRESS FILE: R8-2 KJF (NRN) {Folio No. 253808} SUMMARY: Reporting on Works in progress.

ROADS REGIONAL ROADS Sealed Pavement Strengthening works on South West Rocks Road (MR198) chainage 17.5 to 18.3 km (south of Kinchela Left Bank Road) will commence in early May. Work on the low level by-track for Devils Nook Creek will commence as soon as the program for the Bridge Crew is confirmed. LOCAL ROADS Sealed Rural Pavement maintenance work on the sealed road network is continuing.

UNSEALED RURAL Reconstruction work on River Road, Kundabung has been completed except for the seal in front of the hall. This seal will be undertaken after the road has settled.


Gravel Resheeting The resheeting of a section of Pipers Creek Road has been completed. Mines Road resheeting is continuing after being interrupted by the River Road works due to availability of RSA staff. There are no further resheeting works scheduled for the remainder of the current program.

Maintenance Grading The “Shire East” roads maintenance crew is currently in the Stuarts Point Area (Area East 3).

Roads that were graded during this month; Rainbow Reach Road Croads Lane Menarcobrinni Road Two Hills Lane Church Lane Goulds Lane Old Mill Lane Cook Lane The “Shire East” crew will thereafter continue with maintenance grading in the Frederickton/Collombatti Area (Area East 4). The “Shire West” roads maintenance crew is currently busy with maintenance grading in the Toorumbee Area (Area West 4).

Roads that were graded during this month; Brassils Creek Road Dowlings Falls Road Moparrabah Road Willi Willi Road (between Moparrabah Road and Toorumbee Road) The “Shire West” crew will thereafter continue with maintenance grading in the Temagog Area (Area West 5).

TOWN AND VILLAGE STREETS

Kempsey Town Improvements The drainage work in York Lane and Forth Street is completed. The rehabilitation of the pavement in York Lane has commenced. Drainage, kerb and gutter works and associated road works have commenced in Polwood Street adjacent to the Hospital.

Hat Head Town Improvement Stage 1 of the stormwater drainage improvements (around the intersection of Vine and Straight Streets) has been completed and only surface drainage still needs to be finished. This work will re-commence shortly.


Stage 2 (around the intersection of Fern and Straight Streets) will commence once Stage 1 has been completed. South West Rocks Town Improvement The CBD drainage improvement project in Memorial Avenue near Livingstone Street is to commence shortly. FOOTPATHS AND CYCLEWAYS The cycleway in Philip drive has commenced. The works will link up with the footpath running through Brighton Park and continue towards Arakoon, beside Phillip Drive roadway, to the limit of available funds. FLOOD MITIGATION General maintenance and repair of the floodgates on Kinchela Creek and Belmore River flood structures is continuing. BRIDGES / STRUCTURES Toorooka Bridge Construction The bridge and approaches have been completed and sealed. Dismantling of the old bridge will follow in June. Smithtown Wharf The extension of the Smithtown wharf has been delayed awaiting the availability of a contractor to install the piles. FLOOD REPAIRS Riverside Park, Kempsey Further earthworks on the riverbank behind Woolworths and Big W have been completed. Minor drainage works were also completed in conjunction with the drainage works in York Lane.

The riverbank will now be landscaped to compliment the new works.

HORTICULTURE Coastal Weeds Rehabilitation Project

Project continuing.

Littoral Rainforest Rehabilitation Project

Project continuing with work on Shark Island and Racecourse Headland.

Beach Access Inspections and Risk Assessments:


All beach accesses, both vehicle and pedestrian, were inspected prior to the beginning of the Easter holidays and essential maintenance undertaken.

Smith/Belgrave Street Landscaping.

Replanting to be complete by the end of May.

Plans of Management

Horseshoe Bay and Verge Street Stadium continuing. Applications for Grant funding for Verge Street, South Kempsey Park and Goolawah Reserve. Riverside Park Kempsey - Redevelopment Re-landscaping commenced. To be completed by the end of June. Kempsey Rotary to contribute labour for mulching and planting

NOXIOUS WEEDS Roadside spraying of Parramatta grass continuing. Initial spraying of Kempsey urban area complete. To recommence in August. Infestation of Kudzu vine sprayed at Stuarts Point Weeds van set up at Kempsey show to provide information to local landholders.

BUILDING SERVICES Work completed last 4 weeks • Ongoing maintenance to amenities and realignment of pavers in public

areas. • Thompson Street Depot - install perimeter fence security system.

- install shelving for water and sewer section. - Prepare foundation slab for hazardous chemical storage.

• Frederickton Tennis Club – repair vandal damage. • Verge Street Oval – Repair storm/vandal damage, reinstate electrical

services and PA system. • South West Rocks Boatmans Cottage No. 1 – provide disabled access.

• Frederickton ANZAC Memorial – repair/replace flagpole and fence.

• South West Rocks Flagstaff – repair perimeter fence. • Install gas hot water system to Smithtown sports fields.


• Leith Street Units BBQ area – remove bench seat, paint timberwork. • WIGAY Park – construction of toilet block completed.

Work proposed next 4 weeks • Thompson Street Depot – EPA Waste Management requirements –

pressure washer to install. • Crescent Head East Street steps – replacement. • South West Rocks Boatmans Cottage No. 2 – painting (Contract). • Emergency Operations Centre – improve stormwater drainage. • Civic Centre – commence work associated with disabled access to

First Floor.

• Greenhill Community Hall – replace locks.

• Bellbrook Depot – replace window / improve lighting.

• SWR Museum – prepare foundation for relocation of pilot boat.


2003. 429 RESOLVED: Moved: Cl. Bowell Seconded: Cl. Bowen That the information be noted.

DE18 COMPLIMENTS RECEIVED BY ENGINEERING STAFF FILE: S10-2 JC (NRN) {Folio No. 253810} SUMMARY Reporting on compliments received by Engineering staff for the month of April. Zalie Davison - Thank you to Neil Thomson for returning

her calls and his professional manner. R A Mackay - Thanks to staff regarding lifts and vision

– tactile clues. R Hinz - Thank you to administration staff,

especially David Worthing for his promptness and great service.


Paula McIver - Thank you for fantastic job done with

Toorooka Bridge project. Financial Implication There are no financial implications from the following recommendation.

2003. 430 RESOLVED: Moved: Cl. Bowell Seconded: Cl. Joukhadar That the information be noted. At this stage, 2.35 p.m., Councillor Hunt returned to the Chamber.

DIRECTOR ENGINEERING SUPPLEMENTARY REPORT

DE 19 (Supp) CRESCENT HEAD COUNTRY CLUB FILE: LA9508 KJF {Folio No. 253890} Reporting on the lease proposed for the Crescent Head Country Club.

Negotiations with the Crescent Head Country Club commenced in January 2000 to formalise a lease in respect to their control and management of part of the Crown Reserve R63725 at Crescent Head. Following extensive consultation with various Club Boards and also with the Department of Land and Water Conservation the Department has consented to the Lease proposed, at an annual fee of $1,000 with annual increases of 5% for a period of 20 years. Council, as managers for the Crescent Head (R63725) Reserve Trust, need to formally resolve to accept the lease, authorise the Mayor and General Manager to sign the documents on behalf of Council and to approve the application of the common seal of the Council to the documents.

Financial Implication There financial implications of the following recommendation would be

an increase of income for Crescent Head Reserve R63725.

MOVED: Moved: Cl. Sowter Seconded: Cl. *

1. That the Lease authorising the use of part of Crown Reserve

R63725 by the Crescent Head Country Club be approved.


2. That the Mayor and General Manager be authorised to sign the Lease authorising the use of part of Crown Reserve R63725 by the Crescent Head Country Club and that Council’s seal be affixed to the documents.

The MOTION LAPSED for want of a SECONDER.

2003. 431 RESOLVED: Moved: Cl. Joukhadar Seconded: Cl. Hunt

That the General Manager return to the Board of the Country Club and advise them the suggested $1,000 per annum is unacceptable and that negotiations be undertaken to arrive at a more appropriate lease fee and arrangement.


DIRECTOR CORPORATE AND COMMUNITY SERVICES REPORT

DCCS1 CORPORATE AND COMMUNITY SERVICES DEPARTMENT REPORT

FILE: C10-1 TIH (NRN) {Folio No. 253812} SUMMARY: Reporting on the activities of the Community Services Department for the months January, February and March 2003.

Since the previous report the following projects and services have been rendered:- 1. Records Management The development of a document management system will be commenced after 1st July 2003. Funding has been provided in the 2003/04 and 2004/05 budgets for employment of a Trainee Records Clerk so as to allow for the Records Supervisor to co-ordinate the project. The acknowledgement cards to all correspondence received needing a reply is continuing. Some amendments have been made following feedback from the public e.g. the subject of their letter is quoted on the card. 2. Civic Centre Property Management The development application has been lodged for the Civic Centre lift. Subject to approval being received work scheduled to commence late June 2003.


Some meetings may need to be held at an alternative venue during the construction stage. The Civic Centre security system working well with no attempted break-ins during the last quarter. 3. Telephone System Emergency 1300 number call centre have been provided additional details on Shire localities and procedures for obtaining more details for on-call staff. Discussions have been held with on-call staff to overcome any issues. 4. Risk Management Best practice/Australian standard signage installed at Big Hill, Delicate and Race Course reserves during quarter. This signage incorporates warnings and information into one sign. South West Rocks and Crescent Head areas completed previously with signage for Hat Head reserve area drafted. Following Court decision related to lack of signage at the water supply dam at Crescent Head instructions have been issued to install signs at all Council water storage facilities including treatment works. On advice from Statewide a cliff warning sign was installed at Little Nobby, Crescent Head however a number of objections were received by telephone and after a week the sign was removed by persons unknown. It will be replaced once a new sign is received. 5. Governance Preparation of Business Paper Agendas for January, February and March Council meetings completed to target with Councillor Business Paper Agendas available on the Wednesday evenings prior to the Tuesday Council meetings. Other agendas/reports for Extra-Ordinary meetings and committee meetings prepared as required. Investigations into having electronic business paper agendas with appendices are continuing with the Council Xerox copier now having scanning ability. Council currently produces 82 copies the Council meeting agenda and it is hoped to soon provide a number of these (residents and media) by email rather than hard copy. The Councillors will continue to receive a hard copy.

6. Community Service Order and Juvenile Justice CSO Gangs The Juvenile Justice CSO gang continues to work on Tuesdays on various projects. 7. Cemeteries During the quarter the Cemeteries staff completed 36 funerals. Frederickton Cemetery The extension of infrastructure in the cemetery has commenced with the extension of carparking area completed and the planning of shelter and toilet facilities. Two (2) rotunda style shelters have been selected for both sections


of the cemetery separated by Yarrabandinni Road. Decision on toilet depending on decision regarding sewerage connection. 8. Street Stalls and Raffles

Location NUMBER OF BOOKINGS January February March TOTAL Clyde St Mall: 6

7 9

22

Other Locations:

4

6

11

21

9. Kempsey Shire Library The Library’s five-year strategic plan has been updated and has been submitted for consideration by Council. A Development Grant Application for the furnishing of Hat Head Branch Library has been submitted to the Library Council of NSW. The results will be known around mid-year. Holiday activities held during the second half of January were very well attended, especially a drawing class run by John Thiering in the library. Each class of 15 children was booked out. I took part in the judging of the Lions Youth of the Year Competition with Greg Hehir and Sue Paterick from the Macleay Argus in February. The judges agreed that the event was not very well publicised and to see if we could remedy this next year. Using a small grant from the Department of Ageing we employed James Dumay all week during Seniors’ Week to offer free tutoring on computers in general and the Internet in particular to seniors, in Kempsey only. The take-up of this offer was very pleasing, with 24 of the available 30 sessions booked. Brochures were available and posters advertising the library were on display for the Carers’ Expo. Donna Thomas has been most diligent and innovative in designing and creating items for display, and for organising events and advertising opportunities. Jennifer Bacia a world known author launched her latest novel at the Kempsey library on the 27th of March. The library provided refreshments and a local musician, Lindsay Keay provided free background music. The occasion was attended by about 40 people, who listened to the talk and asked enthusiastic questions afterwards. A couple of quotations have now come in for the circulation desk, they have been between three and four times the amount of money set aside for the purpose. The Council carpenter who gave me the original ball-park figure to take to Council, was not up with the latest prices.


Library staff have attended Excel, Word and media handling workshops in this quarter. 10. Community Care Options Community Options: Has provided 854 hours of high level support services Neighbour Aid: Has provided 654 hours of low level support services Veterans Home Care: Has provided 1800 hours of low level support services to Veteran recipients. Community Aged Care Packages: A total of 900 meals have been provided and 250 hours of lawn maintenance. Has provided 4320 hours of hostel type care to older people living in their own homes. The Community Bus has travelled: 5916 kms during this period. The program now employs 4 office staff, 4 permanent/part-time and 2 casual field staff and 10 volunteers providing service to a total of 220 Clients. 11. Aged Housing

• Units 100% tenancy rate during this period. A Boronia Gardens, South West Rocks

• 11 on Waiting List. • Further removal of dangerous trees.

B Sheila Blackwell Gardens, Leith Street, West Kempsey

• 4 on Waiting List • Replaced curtains in 2 units. • New carpet floor coverings in 2 units. • Placed retaining logs at edge of pathway to keep dirt off

pathways at Leith Street units. • Painting and landscaping of Sheila Black Gardens Units

BBQ area. C Tozer Street, West Kempsey

• 3 on Waiting List • Smoke alarms installed in all units. • Replaced curtains in 2 units. • Painted 2 units internally.


12. West Kempsey Community Renewal Program a Hip Hop Program.

This program was a great success. It allowed young people to express their issues and their dreams through their own words, the words were then recorded on a CD to HIP HOP music that they had created. The CD and interviews of the participants and Don Wade and Shirley Kelly went to air on ABC regional 90.5 in March.

B Girl's Program has commenced and is ongoing, the program includes

drama, drug and alcohol workshops, community kitchens, general health and mental health programs as well as a beauty and modelling workshop, the program has included girls fourteen years to nineteen years.

C West Kempsey Community Renewal Project has won the Judge's

Award in the Department of Housing Green Thumb Competition. The Co-ordinator and resident Linda Nutley travelled to Sydney to be presented with a certificate, a large shrub tub of garden goodies and a voucher for $300 to be spent at a local garden centre.

D The WKCRP has been fortunate to engage the services of participants

in Probation and Parole programs. Many residents of West Kempsey Community Renewal Project have had their lawns mown, which has been a boon for those unable to mow their own.

E Representatives from the Sydney Royal Botanical Gardens have met

with the WKCRP Co-ordinator, some residents and Tony Curtin from Kempsey Shire Council to discuss how the community can develop both Eric Kennedy and Steele Parks into useful recreational areas and places of beauty.

F The first Steering Committee of the Prevention of Suicide and

Depression Program, was held at the Durri Board room. It was agreed that the next meeting would be arranged after the two positions provided by the funding body were advertised.

G The WKCRP took part in the Community Services Expo on the 27th

March 2003. This expo was a great success. Information was shared and exchanged between other organisations and the public were given a clearer picture of what was available to them in the way of services in the Macleay Valley.

H HARMONY DAY 21 March 2003 Harmony Day was celebrated with a

morning tea at the Wigay Park. The morning tea and celebration was organised by the WKCRP, SKNIP, (DOH AND Kempsey Shire Council) and the Djigay Student Association. Workers from the Bushtucker Park served lemon myrtle tea and freshly cooked damper and the WKCRP provided cold drinks. Mavis Davis made a speech on reconciliation, James Eric Dungay welcomed those attending in place of Shirley Kelly who was unavailable. Councillor John Bowel attended. The Argus attended and talked to the participants and to the Wigay Park staff who helped with the morning tea and the decorations.


I National Australia Clean Up Day March 2003. The WKCRP put on a

BBQ lunch for about thirty residents who all got out and participated in cleaning up their area. A great day was had by all, after the clean up the residents enjoyed their lunch and socialised.

13. Youth Worker

Continuing liaison work with Youth and Youth support agencies like the PCYC, Youth Refuge, House of Youth, Djigay Students Assocation and the Mid North Coast Youth Forum. Assisted with the Lions Youth of the Year Award. Your Choice drinking program introduced and gave the presentation to the Boys to Fine Young Men Conference in Newcastle.

14. Financial Services

Statutory Obligations met – 3rd Rate instalment issued 31st January 2003, Budget Review 31st January 2003 to Council 11th February 2003, Budget Reviewed 31st March 2003 to Council 13th May 2003, BAS submitted on time to ATO, Half Yearly Audit to 31st December 2002 completed. Fuel Cards for unleaded fuel introduced and Purchase Cards being trialled, E-Payment of creditors gaining greater acceptance.

15 IT Services

Civic View being installed at Hurstville Council.

16 Aboriginal Liaison Officer. Mentoring program commenced. Wigay Park Toilets commenced. Continued support of Aboriginal and Non-Aboriginal Government and Non-Government agencies.

17 Kempsey Community Solutions Projects

There are 12 Community Solutions projects totaling $635 000. David Tyrrell has been appointed as Project Co-ordinator for Community Solutions and Christine Landkroon has been hired as Research and Administration Assistant to the project. Project reporting requirements to the Premier’s Department have been established and the project plans have been submitted.

PROJECT ACTIONS

1.1 Implementation of CBD CPTED evaluation recommendations.

1. Progress is being made on the relocation of the pay phone in Clyde Street Mall.

2. Country Energy pavement bollards. Consultation with Country Energy is about to commence.


3. Lighting improvements in CBD car parks are currently being looked into.

4. Pruning and or removal of flora in CBD car parks is currently being looked into.

1.2 Implementation of CPTED evaluation in York Lane (RSL Car Park).

1. Program of work s for the redevelopment of the area is about to be implemented.

2. Improved lighting will be built into the program of works.

1.3 New Kempsey Crime Prevention Plan.

1. Research into crime data and community perceptions is currently underway.

2. Awaiting AG’s Department advice on crime prevention planning policy.

1.4 New KAP Buses. 1. One bus has been purchased. 2. Hiring policy is being drafted.

1.5 New KAP Premises 1. Are researching ‘staging location’ function of the new premises.

2. Current preference is to combine the proposed youth centre and KAP premises.

3. Investigating possible sites. 2.2 Upgrade Greenhills Community Centre

1. Sub committee of the ALC has been formed. 2. Plumbing has been completed. 3. Glazier, plumber and electrician have

quoted. 4. Potential user groups/services have been

identified. 2.3 Facilities at Wigay Aboriginal Cultural Park

1. Design and approval of facilities completed. 2. Building works almost complete. 3. Currently gathering benchmarking data from

TAFE. 2.4 Cultural and Recreational Map and Plans

1. Researching other map styles, content etc. 2. Establishing the scope, style and content

and content of our map. 3. ACDC has agreed to be a reference

group/steering 4. Prospective project partners have been

identified. 5. The plans are scheduled to be reviewed and

revised in 2004. 6. Presentation given to relevant council staff

(future presentations planned for community stakeholders/project partners)

3.1 Youth Centre and plan 1. Investigating possible locations. 3.2 Kempsey Youth Mentoring Scheme

1. Modules being prepared by TAFE. 2. Have applied for more funding to sustain the

project once Community Solutions funding expires.

3.4 Crocfest 1. Gathering information. 4.4 Apprenticeship Scheme

1. Project partners have been identified. 2. Structure of programme currently being

investigated. 3. Forming a working party of Government

Agencies.

18 General


18.1 Hospital Action Group

Hospital Action Group continues to meet on a regular basis in order to maintain lobbying efforts to keep the Kempsey District Hospital as a Grade 3 Hospital.

18.2 Macleay Valley Community Projects Slim Dusty Heritage Centre concept plans released.

18.3 Macleay River Historical Society Air Conditioning and Security System have been installed at the Museum.

18.4 Celebrations in General

The following highly successful events where held:- Australia Day – 26th January 2003, Kempsey Shire Art Prize – January 2003, and Seniors Luncheon including Premiers Award – March 2003.

18.5 Kempsey Assistance Patrol The Kempsey Assistance Patrol now operates on Wednesday nights as well as their normal Thursday to Saturday patrols.

18.6 South West Rocks Neighbourhood Centre

A rearrangement of Council’s Aged Care offices to the Boatman’s Cottage has enabled the Pilots Cottage to used as the South West Rocks Neighbourhood Centre.

18.7 Mens Accommodation and Resource Centre

Grant funding, which runs out in June to obtain brockerage accommodation for homeless men.

18.8 Access Committee

Successful completion of the Unisex Change Room at the Kempsey Pool. Continuing to lobby for disabled access at the Kempsey Police Station and Kempsey TAB. Submission to Pedestrian Access and Mobility Plan (PAMP). Continuing to monitor the progress of the Lift to the Civic Centre and making the complex disabled friendly. Construction to commence possibly early June.

18.9 Baby Care Room

Awaiting DA approval still investigating alternative funding sources.


18.10 Proposed Art Gallery, Gladstone Hall.

Consultant has been appointed, anticipate report late May early June.

19 Compliments Received 19.1. Planning NSW “Mid North Coast Area Assistance Scheme Regional Advisory Committee 26th February 2003. Myra Craig, the Director of Community Infrastructure, who chaired the above meeting of the Regional Advisory Committee has asked me to thank the Community Project Officers for their informative and helpful presentations to this year’s Committee meeting. Planning NSW would like to congratulate them and advise their respective Councils of their valuable contribution to the work of the Regional Advisory Committee and the North Coast Area Assistance Scheme. This year the Committee had $302 thousand to allocate across the North Coast Region. The CPO’s knowledge of the respective Local Government Areas the demographics and priorities and the particular projects contributed to the funding recommendations of the Local Ranking making the Regional Advisory Committee’s task so much easier. Your CPO Ms Barbara Huntington is commended for a well prepared and professional presentation and her capable assistance with arranging catering and facilitating the meeting.” 19.2. Mrs Billie Crawford “Thank you to Nigel Berry (Caretaker) for having the Blackbird Flat area well presented and firewood available for Sunday, 13th April function”. 19.3. Mrs Rosemary Hammond Thank you to Jennifer Colling – “It’s so nice to have someone reliable to count on and really appreciates help for making mum’s life(” tenant at Tozer Street Aged Units) a lot easier. 19.4. St Paul’s College “On behalf of St Paul’s College, I would like to take this opportunity to thank you for your generous sponsorship of our 2002 Speech Night and Prize Giving Awards. With your support the College is able to fully recognise the efforts and talents of our students in the academic, sporting, cultural, community and spiritual areas. Thanks again for your generosity and best wishes for the coming year.”


19.5. John Younger Thanks to Melanie Booth, Jennifer Colling and George Perry for all the help and consideration that was given when his Father passed away. Financial Implication The financial implication of the following recommendation would be nil.

2003. 433 RESOLVED: Moved: Cl. Bowell Seconded: Cl. Sproule


DCCS2 STATEMENT OF BANK BALANCES AS AT 30TH APRIL 2003

APC SUMMARY: Submitting the Statement of Bank Balances as at 30th April 2003.

(Appendix A) Financial Implication There are no financial implications arising from this report.


That the information be noted. DCCS3 STATEMENT OF INVESTMENTS AS AT 30TH APRIL

2003 APC SUMMARY: Submitting the Statement of Investments as at 30th April 2003.

The Local Government Act 1993 requires that Council be notified at each Ordinary meeting of details of all money invested by Council. Attached at (Appendix B) is that Statement of Investments.


Financial Implication There are no financial implications arising from this report.

2003. 435 RESOLVED: Moved: Cl. Bowell Seconded: Cl. Bowen

That the information be noted. DCCS4 HEADSTONE INSPECTION – WEST KEMPSEY

CEMETERY FILE: C4-8 MLB (NRN) COPY: APC {Folio No. 253814} SUMMARY: Reporting on an inspection of headstones at the West Kempsey Cemetery from the 22nd to the 24th April 2003.

In the interest of public and Council staff members safety a number of headstones at the West Kempsey Cemetery where identified and cordoned off accordingly until such time as either the heirs and successors of those who caused the monument to be erected or Council staff could take remedial action to make the monument safe. As this has never been done by the current Cemeteries staff team, Mr Jeff Thompson from the National Trust of NSW was contacted to come to Kempsey to undertake an assessment of these headstones and provide a report on how these could be made safe. Council staff had initially identified approximately eighteen (18) headstones that were in need of repair however upon subsequent inspection the number of headstones had risen to over one hundred (100) of varying degrees of action needing to be taken from immediate action (headstone may topple over) to monitor for further progress of deterioration. As a result of this inspection and the practice taken with the initial eighteen (18) headstones identified being advertised and family wishing to effect repair coming forward thus resulting in only approximately five (5) families doing so it appears that a large portion of these headstones will have to be made safe by Council. Currently any headstone that is erected at the Cemetery is the responsibility of the family who caused the headstone to be erected, their heirs and successors however, as indicated in an article that appeared in the Daily Telegraph on Tuesday, 22nd April 2003 (attached at (Appendix C)) this problem of fixing the headstones is not localised and families who have no interest in previous generations may elect to not notify Council. A potential solution is to place within the fees and charges a flat yearly fee (CPI indexed) to cover for future headstones work. The income derived from


this would be placed into a reserve to effect repairs or any work as required. Currently there are approximately 150 burials per year and the introduction of this fee at an introductory rate of $100 would initially obtain $15,000 to undertake this work. Whilst this can be seen as a charge on existing graves for the past, in years to come the graves that this fee is charged to may also need to be repaired and thus those burials at that time will pay for this repairs.

Financial Implication The financial implication of the following recommendation would be an

increase of $100 per burial exclusive of GST resulting in approximately $15,000 being gained in the first year for headstone work.

2003. 436 RESOLVED: Moved: Cl. Sowter Seconded: Cl. Sproule That a fee of $100.00 per burial, and $50.00 columbarium wall, ashes

garden and inurnment of ashes (CPI Indexed) be charged to assist in the future repair of headstones and memorial plaques.

DCCS5 FEES AND CHARGES – HOMES FOR THE AGED FILE: LA1800 COPY: LA3435 TIH (NRN) COPY: APC {Folio No. 253818} SUMMARY: Reporting on the need to increase the rent payable at the Homes for the Aged.

At present Council charges the following rents for units at Council’s Homes for the Aged. Leith Street single units $123 per fortnight Leith Street double units $153 per fortnight Tozer Street $109 per fortnight It is proposed that the rent payable for the units be increased per fortnight to the following amounts:- Leith Street single units $130 per fortnight Leith Street double units $160 per fortnight Tozer Street $116 per fortnight Sixty (60) days written notice is required to be given to any tenants if the rent is to be increase. This notification will result in the new rental rate starting to be collected after the 1st July 2003.


The 14 Boronia Gardens Aged units at Lawson Street South West Rocks and the 8 units at 9 Jack Williams Crescent, West Kempsey are jointly owned by Council and Office of Community Housing, where the rent is 25% of the tenant’s assessible income.


increased rental income for aged units. 2003. 437 RESOLVED: Moved: Cl. Hunt Seconded: Cl. Sowter That the rental payable be increased as in the body of the report after

the 1st July 2003.

DCCS6 HOSPITAL ACTION GROUP FILE: H2-10 TIH (NRN) {Folio No. 253820} SUMMARY: Reporting on meeting of the Hospital Group held 23/4/03.

At a meeting of the Hospital Action Group held 23/4/03 concern was expressed about the perceived continuing decline in maintenance standards and the standard of patient care. The Committee considered that the Hospital is not being maintained to Grade 3 Hospital standards and has sought Council’s assistance in bringing the Committee’s concerns to the attention to the Mid North Coast Area Health Service. Council’s Social Plan requires that Council endeavours to ensure that the Kempsey District Hospital remains at a least a Grade 3 Hospital.

Financial Implication The financial implication of the following recommendation would be Nil. 2003. 438 RESOLVED: Moved: Cl. Bowell Seconded: Cl. Hunt

That the Mayor bring this matter to the attention of the CEO Mid North Coast Area Health Service during the discussion sessions, with a request that the Area Asset Strategic Plan, in so far as Kempsey District Hospital and Community Health Centre South West Rocks, be released for community consultation as soon as available.


DCCS7 FIXING OF COUNCIL’S SEAL FILE: T6-02-342 PJH (NRN) {Folio No. 253822} SUMMARY: Reporting on the need for Council to affix its seal to documents.

The Local Government (Meetings) Regulation requires Council to authorise the affixing of the Council seal to any document. The resolution of Council must specifically refer to the document. Deed of Agreement – Kempsey Children’s Services Co-operative, Austral Street Kempsey. Council is required to affix its seal to an agreement related to conditions of development consent, which imposes a caveat on lands owned by the Co-operative. The caveat restricts the Co-operative to using Lot 1 DP197481 for the sole purpose of car-parking in accordance with the development consent. Financial Implication The costs of the caveat are paid by the applicant.

2003. 439 RESOLVED: Moved: Cl. Bowell Seconded: Cl. Hunt

That Council’s seal be affixed to the Deed of Agreement and Caveat relating to the Kempsey Children’s Services Co-operative Limited, Austral Street Kempsey. DCCS8 CIRCULATION DESK AT THE LIBRARY FILE: L4-2 GB (NRN) {Folio No. 253825} SUMMARY: Reporting that the amount of funds allocated to the construction of a new circulation desk at the library does not come close to the quotes so far received.

One of the Council carpenters suggested that $7000 would cover the construction of a new circulation desk. He didn’t realise and I didn’t realise that we also need to have the carpet replaced, the electric wiring reinstalled and that the quotes being received are in the order of $24000. The current desk is 20 years old, no longer adequate for the computer terminals and security system sensitisers. It is crowded and dangerous. Mistakes are being made, including the wiping of audio cassettes through


being left too close to the desensitisers. We have lost approximately $200 worth of talking books. Steps have been taken to minimise that damage, but it can still happen. The plan for the larger desk is to incorporate two work-stations, so only one person is able to manage the front counter at quiet times. It may help cut down on the number of casuals employed, and may slow the need for extra staff as the library gets busier. I can use some left-over (saved) grant monies, as well as the remnants of the recurrent furniture vote to add a little bit to the $7000, but is not nearly enough. Can the difference be made up from the current budget, or next year’s budget, so we can start work on it in June, pay for it in July.


$5000. 2003. 440 RESOLVED: Moved: Cl. Hunt Seconded: Cl. Sproule That an amount of $5,000 be provided for in the 2003/2004 budget.

DCCS9 PROPOSED CEMETERY, CROTTYS LANE YARRAVEL FILE: C4-13 MLB (NRN) {Folio No. 253827} SUMMARY: Reporting on the progress of the preparation of a Development Application for a proposed Cemetery, Crottys Lane, Yarravel.

At Council’s meeting of the 8th April 2003 Council was updated on the progress of the preparation of the Development Application (DA) for the proposed Cemetery, Crottys Lane, Yarravel. At this meeting Council was advised that the Consultants where in the process of preparing a Draft Master Plan for the proposed site after which (in accordance with the Offer of Service) a Public Workshop would be held. This public workshop to be facilitated by GeoLINK will present the Draft Master Plan and discuss aspects of it with the previously identified stakeholders and the public. The intention is to deal with remaining concerns and issues before the finalisation of the development application documentation and to give the application the best chance of success during the assessment process.


It is therefore proposed to hold this Public Workshop on Monday, 26th May 2003 at night to allow residents and concerned members of the public to attend. Also it is suggested that Council hold a Special Meeting on this day to workshop the issues that Council has regarding the Draft Master Plan.


meet from the budget for the preparation of a development application for the new cemetery.

2003. 441 RESOLVED: Moved: Cl. Bowell Seconded: Cl. Sowter That a Workshop be held on Monday, 26th May 2003 commencing at

11.00am to discuss the Draft Master Plan for the Yarravel Cemetery.

DCCS10 FINANCIAL STATEMENT FOR THE PERIOD 31ST MARCH 2003

FILE: A2-22 APC (NRN) {Folio No. 253828} SUMMARY: Reporting that the Budget Review for the period ending 31 December 2002 has been prepared for all funds.

In preparing the review every effort has been made to contain costs within the approved budgetary allocation for the respective Council activities. The Budget Review Summary is attached at (Appendix D). The Budget review summary incorporates a note’s section outlining major variations for the quarter. A comparison of the estimated financial result of each fund for the March quarter is as follows: Fund Adopted December 2002 March 2003 Budget Budget Review Budget Review General 80,776 (S) 34,218(S) 16,306 (S) Water 1,502 (S) 5,656(S) 101,618 (D) Sewer 4,862(S) 108,611(D) 219,727 (D) General Fund The Budget review shows that the General Fund surplus has been reduced by $17,912.


The significant variations in revenue funded items that contributed to the deficit result in the quarter are set out below: Increased Expenditure: Public Toilets Cleaning $16,000 Waste Depot Development $33,484 Historical Museum – Air Conditioning $18,490 Historical Museum – Security $4,220 Legal Expenses $20,000 (Offset by a $16,000 charge to Caravan Parks) Employee Leave Entitlements $100,000 (Offset by $25,000 transfer from ELE Reserve) Depot Maintenance & Improvements $36,199 (Offset by a $20,000 charge to other Functions) Decreased Expenditure Environmental Management Salaries/Travel $22,551 Workers Compensation $152,364 Increase Income: Development & Building Fees $61,500 149 & 603 Certificates $15,000 Tip Fees $28,500 Decreased Income: Civicview Dividend $50,000 Quarry Royalties $20,000 Working Funds The estimated working fund balance as at 30 June 2003 is set out below: Unrestricted Working Funds $232,694 Provision: Civicview $125,000 Provision: Statewide Mutual Liability $245,219 Total $602,913 Provisions As previously reported to Council, Statewide Mutual have advised that the operational deficit was incurred during the first four years of operation, 1994/95 to 1997/98 and that actuaries project that this deficit will be fully funded by June 2004 from surpluses generated by the scheme. Statewide advised Council in March that the operational deficit is estimated to decline from $23million at June 2002 to approximately $5million at June 2003. In the case of the Civicview debtor ($262,755 as at 30 June 2002), the settlement of the debtor is dependent upon the generation of sale income from the entity; Hurstville Council have contracted to purchase whilst a number of other sales opportunities are being pursued.


Given the above I remain confident that the provisions created will not be required and that the level of working funds will not be adversely impacted in the medium term. Water Fund The review reveals a budget deficit of $107,274 for the quarter. The significant variations in revenue funded items that contributed to the deficit result in the quarter are set out below: Increased Expenditure Depot Expenses $10,000 Management Expenses $16,250 Memorial Ave SWR Trunk Main $125,000 (Offset by $73,000 in

Section 64 Contribution) SWR Network Analysis $25,000 The estimated Working Fund balance as at 30 June 2003 is $572,086. Sewerage Fund The review reveals a deficit of $111,116. The significant variations in revenue funded items that contributed to the deficit result in the quarter are set out below: Increased Expenditure Depot Expenses $10,000 Management Expenses $16,250 Treatment Plant Operation & Maintenance $27,250 Pump Stations Operation & Maintenance $64,000 The estimated Working Fund balance as at 30 June 2003 is $907,203 Financial Implication The financial implications of the following recommendation would be an decrease in the General Fund surplus $17,912, Water Fund $107,274 and the Sewerage Funds $111,116.

2003. 442 RESOLVED: Moved: Cl. Hunt Seconded: Cl. Joukhadar

That the Budget Review for the period ended 31 March 2003 is adopted and the variations contained therein be approved and financed from the sources as indicated.


DCCS11 ABORIGINAL LAND RIGHTS REGULATION 2002 – EFFECT ON COUNCIL

FILE: R1-2 WMS COPY: APC {Folio No. 253830}

SUMMARY Reporting on amendments to the Aboriginal Land Rights Act Regulations which has resulted in a large proportion of land in the ownership of Local Aboriginal Land Councils becoming exempt from the payment of rates and charges.

The Aboriginal Land Rights Regulation 2002 was proclaimed to commence from 25 October 2002.

The regulation was drafted by the Department of Aboriginal Affairs, the Minister at the time was the Honourable Andrew Refshauge M.P.

The Regulation deals in part with the exemption of certain land vested in Aboriginal Lands from the payment of rates, Part 2 of the regulations “Provisions relating to land” is attached for Council’s information (Appendix E)

The regulation provides that:

• Land specified in the regulations is declared to be exempt from the payment of rates and charges under the Local Government Act 1993.

• The following land vested in an Aboriginal Land Council are subject to the exemption:

- land specified in Schedule 1 of the regulation

- land that is not being used for commercial or residential purpose

- land declared by the Aboriginal Land Council to be of spiritual or cultural significance to Aboriginal people

What land is included on Schedule 1?

The Department of Aboriginal Affairs (DAA) was approached to explain the criteria that was used to include land in schedule 1. The DAA advised that a search was conducted with the Land Titles Office, and all land that was transferred to an Aboriginal Land Council by the government and/or the Aboriginal Housing Trust, prior to 1983 was included in the schedule.

The identification of land for inclusion on Schedule 1 has in itself created a number of anomalies, 11 properties owned by the Kempsey Local Aboriginal Land Council in the Greenhill Estate have been excluded from Schedule 1


whilst the majority of properties within the estate are listed for exemption on Schedule 1.

It is noted that the Regulation also provides that the Aboriginal Land Council may exempt its other land holdings from the payment of rates where it deems that the land has significant spiritual or cultural significance to Aboriginal people. The regulation does not require consultation to occur prior to an exemption declaration being made.

Impact of the Regulation on Council

The Kempsey Local Aboriginal Land Council (KLALC) own some 102 rateable properties in the Kempsey Shire. A check of those properties reveals that 48 of the properties appear on schedule 1 of the regulations whilst another 11 properties are vacant, these 59 properties have become exempt from the payment of rates and charges by virtue of the regulation.

A listing of the properties owned by the KLALC is attached (Appendix F)

The annual rates and charges in respect of the 59 exempt properties amounts to $76.064.67 in the 2002/03 year, a dissection of the rates and charges is set out below:

General Rate $23,533.67

Water Charge $22,554.00

Sewer Charges $24,572.00

Garbage $ 5,405.00

Total $76064.67

In addition to the charges listed above the properties may also incur excess water charges.

As the new regulation took affect from 25/10/2002 a pro rata adjustment is required to be made, this will result in a loss of revenue to Council in the 2002/03 year of $51,682.30.

In future years Council will be able to recover the loss of revenue from the effected properties by redistributing the income amongst other ratepayers in the Shire. Ratepayers will be required to pay on average an additional amount of $8.00 to cover the amount no longer being charged to the Kempsey Local Aboriginal Land Council.

Department of Local Government, LGOV. Council on becoming aware of the new Regulation contacted both the Department of Local Government and LGOV to seek their views the matter. The Department of Local Government stated that they only became aware of the new regulations recently as a result of enquires from other Councils. The Department of Local Government was not consulted on the changes contained within the regulations.


The Department advised Council to contact LGOV NSW with a request to approach the relevant Ministers to outline Council’ concerns with the inequities created by the legislation. LGOV officer Mr David Clarke advised the LGOV was aware of the issue but stated that he thought the Department of Local Government would request the Parliamentary Review Committee to either reject or suspend the legislation on the grounds of “ a lack of consultation”. He stated that a new Parliamentary Review Committee would be formed following the 2003 election and that that committee should meet soon. Conclusion

Clause 7 of the Aboriginal Lands Right Regulation 2002 is considered inappropriate in providing a broad based exemption to the charging of local government charges in respect of land owned by Aboriginal Land Councils. In particular:

• creates inequities in charging for local services between properties

owned by the broader community and those owned by Aboriginal Land Councils.

• imposes additional cost to be recovered from Council’s ratepayers • results in a cost shift from the State to Local Government • contradictory in removing user pay principles expounded by the

State Government from those properties exempted under the regulation

• considered to have a negative social impact within the community • ill conceived legislation reflective of the lack of consultation with

the community and key stakeholders.

The impact of the Regulation was brought to the attention of Council at the Extraordinary Council meeting on Tuesday 22 April 2003. Council resolved:

• That Council contact the Minister for Aboriginal Affairs and the

Minister of Local Government asking that the amendments to the Aboriginal Land Rights Regulations 2002 exempting payment of rates and charges on certain Aboriginal lands be withdrawn in view of the social and economic impacts that redistribution of rates and charges will have on the other ratepayers left to provide the same rate income for councils.

• That Council write to LGOV regarding this matter • That Council refer the matter to the Shires Association requesting it

be listed at the Shires Association Conference as a late agenda item.

To date no response to Council’s representations have been received. Financial Implications


The financial implication for Council will be a loss of income of $51,682.30 for 2002/2003.

2003. 443 RESOLVED: Moved: Cl. Hunt Seconded: Cl. Bowell

1. A copy of the report be forwarded to the Minister for Local Government, the Minister for Aboriginal Affairs, the Director General of Premier’s Department and the Premier, the Local Government Association, The Shires Association and LGOV inviting a response, as a matter of urgency, to the issues as discussed in the report.

2. Council request the State Government through the Department of

Local Government to compensate Council for the loss of revenue as a result of the imposition of the exemptions contained within the Aboriginal Land Rights Regulation 2002. The loss is estimated at $51,682.30 for the 2002/03 year.

3. A vote of thanks be forwarded to Mr Wayne Shore.

DIRECTOR BUSINESS ENTERPRISES REPORT

Councillor Hunt declared an interest in the following item for the reason that he holds a position on the Committee and retired from the Chamber. DBE1 MACLEAY VALLEY WORKPLACE LEARNING

CENTRE FILE: LA2608 GBS COPY: LA13688, LA13689 {Folio No. 253848} SUMMARY: Reporting on a request for Council assistance in the development of a new College for the Macleay Valley Workplace Learning Centre.

The Macleay Valley Workplace Learning Centre have written to Council seeking its consideration of two (2) options for the establishment of a new College for the Workplace Learning Centre, in South Kempsey. The letter is attached at (Appendix A). A site map showing the three (3) industrial blocks, marked as Lots 4, 5 and 6 is shown at (Appendix B).

Consideration of Options


The request is one for Council to determine and in doing so to consider the social benefits and willingness to support the establishment of the College as compared to the economic aspect of Council receiving funding for its industrial land. The proposal could be viewed as being a suitable use for the three (3) blocks of land identified in that they are close to residential properties and the use of a College would create an additional “buffer” between the other industrial land not yet developed. Both options raised by the Workplace Learning Centre would see the land being given “free” by Council with the land and buildings being returned to Council if the college ceases to operate or if a lease arrangement, an option to purchase after 20 years. Based on the land value of the undeveloped industrial land in the vicinity the combined value of Lots 5,6 & 7 (total area 10,966 square metres) would be in the order of $75,000. If Council was of a mind to agree with either of the options as proposed, further negotiations could take place on the conditions. Alternatively Council could advise that the land is available for purchase or long term lease at market value to be determined by the State Valuation Office.


If Council agrees to the options requested it would not receive income for these lands for the life of the College or (if leased) at least 20 years when the option to purchase would be considered. The cost of transfer of the lands or lease preparation would be the responsibility of the Workplace Learning Centre. Director Business Enterprises Recommendation: For Council’s decision.

2003. 444 RESOLVED: Moved: Cl. Bowen Seconded: Cl. Bowell

That this matter be referred to Mr Terry Bates, Council’s Economic Development Officer, to hold discussions with the Macleay Valley Workplace Learning Centre Committee and prepare a more comprehensive report for Council.

At this stage, 3.17 p.m., Councillor Hunt returned to the Chamber. DBE2 ANNUAL DIVIDENDS FROM WATER SUPPLY AND

SEWERAGE BUSINESSES FILE: W1-2 GRP (NRN) COPY: APC {Folio No. 253851} SUMMARY:


Reporting on the pre-requisite conditions under the proposed Local Government Amendment (National Competition Policy Review) Act 2003 for a Local Water Utility to pay an annual dividend from its water supply and sewerage businesses.

There will be a mechanism under the proposed Local Government Amendment (National Competition Policy Review) Act 2003 by which Local Water Utilities (LWU’s) will be permitted to pay an annual dividend from its water supply and sewerage businesses to Council (General Fund). Payment of a dividend will be subject to compliance with guidelines in the following key performance areas:

• Strategic Business Planning • Water, Sewerage and Trade Waste Pricing • Water and Sewerage Developer Charges • Liquid Trade Waste Management • Environmental Management • Integrated Water Cycle Management • Demand Management • Drought Management • Asset Management • Occupational Health and Safety • Annual Performance Reporting

For Kempsey Council water and sewerage businesses to comply with these guidelines, the following table sets out likely timelines and budgets required to complete these activities:

ACTIVITY EST. COST BY

Strategic Business Planning (review underway) n/a Jan 04 Water, Sewerage and Trade Waste Pricing $5,000 Jul 04 Water and Sewerage Developer Charges $5,000 Jul 04 Liquid Trade Waste Management Strategy $25,000 Jul 05 Environmental Management Strategy $25,000 Jul 05 Integrated Water Cycle Management (underway) $194,529 Jan 04 Demand Management Strategy $25,000 Jul 05 Drought Management Strategy $25,000 Jul 05 Asset Management Strategy $40,000 Jul 05 Occupational Health and Safety n/a Current Annual Performance Reporting n/a Current An allowance for the Integrated Water Cycle Management Strategy is included in the current budget and an allowance for the Asset Management Strategy is included in next years budget. The Strategic Business Plan review is being undertaken as part of the Integrated Water Cycle Management Strategy. Currently there are no plans in place for the formulation of Liquid Trade Waste, Environmental, Demand or Drought Management Strategies. No


budgetary allowance has been made for these. It was considered that these strategies should not be formulated until the recommendations of the Integrated Water Cycle Management Strategy were known since all other strategies will be fall under this umbrella. If a decision was taken to fast-track the formulation of these four strategies, funds totaling $100,000 would be required from the Water and Sewerage Working Funds (50-50%) The proposed new Legislation states that a dividend may be paid at the end of each financial year commencing 2003/04, after the LWU has resolved in a public meeting that it has complied with these guidelines. The maximum dividend payable for each water supply and sewerage is the lesser of 50% of the surplus and $30 per assessment. It should be noted that the current and proposed 5-year budgets for the Water and Sewerage Funds have no (or little) surplus and therefore no dividend would be payable without an increase in rates. Therefore, even if all the Strategies are in place as required as a pre-requisite, a dividend may be nil or very small. It should also be noted that the above costs are only for the formulation of the strategies, not their implementation. The cost of capital works, etc recommended by the strategies cannot be estimated until they are identified. However, these costs will, in total, be in the tens-of-millions and may take many years to achieve. It is not clear whether the Strategies have to be fully or substantially implemented prior to issue of a dividend. It is likely that a 30-year Capital Works Plan is all that will be required, as long as the best-practice pricing structures are in place. A 30-year Capital Works Plan is being developed as part of the Integrated Water Cycle Management Plan.

Financial Implication The financial implication of the following recommendations would be

the need to provide a total of $50,000 from the Water Fund Working Funds and $50,000 from the Sewerage Working Funds in 2002/03.

Ongoing costs of implementing the Strategies and the Capital Works

Plan together with associated operations and maintenance costs are unknown at this time.

The provision of a dividend from Water and Sewer services will not be

permissible until such time as Council has reached compliance with guidelines set out above.

Director Business Enterprises Recommendation:

That Council:- 1. Approves the fast-tracking of the preparation of the Liquid Trade

Waste, Environmental, Drought and Demand Management Strategies, at an estimated total cost of $100,000.

2. Approves the engagement of a Consultant(s) to carry out this

work.


3. Allocates $50,000 from the Water Fund working funds and $50,000 from the Sewerage Fund working funds to carry out the work.

2003. 445 RESOLVED: Moved: Cl. Joukhadar Seconded: Cl. Hunt That Council take no action in this matter.

DBE3 PROPOSED WILLAWARRIN SEWERAGE SCHEME FILE: S8-32 GRP (NRN) {Folio No. 253853} SUMMARY: Reporting on the progress of the Willawarrin Sewerage Scheme.

Council is proposing to provide sewerage facilities for the township of Willawarrin. There has been previous discussions on whether to seek government subsidy under the Small Towns Sewerage Program with consequent time delays or for Council to fully-fund the scheme in order to reduce the timeframe. It was envisaged that Council could provide sewerage facilities to the town at a much lower cost than a subsidised scheme which requires significantly more investigation, planning and project management effort to justify government funding. Council decided to fully-fund the scheme and has approved, in the current budget, $600,000 in loan funds for the work. There is also a government subsidised amount of $43,000 available to do some investigation work for the scheme. Through discussions at the Water and Sewerage Steering Committee Meetings it was agreed that the available $43,000 for investigations should be utilized, since this would be cheaper for Council than fully funding the investigation. The investigation, however, has been put on hold until the Integrated Water Management Plan is completed since this may affect which type of system is best for Willawarrin. The Integrated Water Management Plan will not be completed until later this year. It is expected that the investigation could then re-commence with a view to commencing construction of the scheme in 2004/05.


There are no financial implications arising from the following recommendation.


That the report be noted.


DBE4 PROPOSED CHARGES FOR LATE PAYMENT OF WATER USAGE ACCOUNTS

FILE: W1-2 GRP (NRN) COPY: APC {Folio No. 253854} SUMMARY: Reporting on proposed charges for late payment of water usage accounts under the proposed Best-practice Pricing structure.

Council currently incurs significant administrative costs in pursuing payment of outstanding accounts for excess water usage. Under the proposed Best-practice pricing structure, all customers will receive an account for water usage, not only those using water in excess of the 100kL allowance. It is therefore likely that there will be an increase in the need to issue reminder notices when accounts for water usage are not paid on time. Water Services staff have canvassed other Water Utilities in the area including Midcoast Water, Hastings, Nambucca and Coffs Harbour. All of these organizations apply charges for issue of reminder letters and notices leading up to disconnection for non-payment. Interest is also charged on arrears, accruing on a daily basis. The interest rate, set by the Department of Local Government for 2003/04, is 9%. It is proposed that Kempsey Council apply charges in a similar fashion to our neighbours. It is proposed to implement the following procedure for water usage accounts:

• Issue initial account for payment for water usage, giving 30 days to pay.

• If payment has not been received, issue a Payment Reminder letter (by mail) in the week following the due date of payment, giving a further 14 days grace.

• If still unpaid, issue a Final Notice letter (by hand) giving a further 3 days grace.

• If unpaid after the 3 days, deliver a Notice of Entry for disconnection/restriction on the following day.

• Restrict or disconnect as advised if payment has not been received. It is proposed to include charges in the 2003/04 Fees and Charges as follows:

Action Charge GST Total Issue Payment Reminder letter by mail (14 days) $5.00 $0.50 $5.50Issue Final Notice letter by hand (3 days) $30.00 $3.00 $33.00Issue Notice of Entry by hand for disconnection $10.00 $1.00 $11.00Disconnection (or restriction) $111.00 free $111.00Reconnection $111.00 free $111.00Interest on arrears, accruing daily, from due date 9% pa These procedures and charges are in line with those charged by neighbouring Water Utilities



The proposed charges would recoup administration and operational costs resulting from late or non-payment of accounts for water usage. The income likely to be derived from these charges has been estimated at $60,000 for the 2003/04 Budget purposes.


That the procedure and charges proposed in this report for late or non-payment of water usage accounts be approved.

DBE5 WATER SUPPLY TO SYD SUTHERLANDS LANE FILE: W1-3 GRP (NRN) COPY: APC {Folio No. 253856} SUMMARY: Reporting on the existing Council town water supply to rural properties in Syd Sutherlands Lane and the need consider changes to the infrastructure.

There are a number of farm properties in the vicinity of Syd Sutherlands Lane, Bellimbopinni, which access town water via small diameter polyethylene pipes laid in a master-deduct style. These pipes supply water to troughs for cattle. No houses are supplied and no buildings are permitted in the area which is flood prone. The first section of the service piping network was inherited by Council some years ago under unknown circumstances by the relocation of a water meter from the end of the reticulation system in Sutherlands Lane to a point in a property owned by Mrs P. Clarke approximately 800m away. This means that Council has 800 m of inferior grade small diameter pipeline (unmetered) which runs through private property with no easement. This pipeline has given extensive maintenance problems over a considerable time and resulted in the loss of many thousands of kilolitres of water and significant costs for repairs. In July 2002 Council received a petition from eleven of the property owners in this vicinity requesting that Council extend the reticulation mains along Syd Sutherlands Lane to facilitate removal of the master-deduct system and overcome the leakage problems associated with the existing service pipelines. The situation was assessed in conjunction with the petitioners and the preferred option was to lay a new 63mm OD Class 12.5 Polyethylene pipeline for 2900 metres along the Syd Sutherlands Lane road reserve to J. Sutherland’s gate at an estimated cost of $37,000. Following a report to Council at the January 2003 meeting, Council resolved “1. That Council endorses a proposal to carry out mains

extension works of 2900 metres of 63mm polyethylene main in the 2003/04 financial year at an estimated cost of $37,000


subject to at least seven property owners making a contribution of $3,365 each. 2. That any other person wishing to connect to this main be

charged a $3,365 contribution fee in addition to the normal water service connection fee.

3. That this contribution fee be set out in the Annual Fees and Charges and indexed in accordance with the annual CPI.

4. That all properties adjacent to the new main who do not connect be charged unconnected water rates according to the Local Government Act.

5. That the new main be Gazetted in accordance with Section 553 of the Local Government Act, 1993.”

Council representatives have since held a meeting with these people to clarify Council’s position following the above resolution. It was agreed that the property owners would re-assess their situation with regards to contributing more, try to obtain the support of some others to contribute and then make a new proposal to Council. To date Council has received no response. It is therefore assumed that the property owners cannot meet Council’s demands. This leaves Council with the problem of owning 800 metres of inferior polyethylene “piggyback” service pipe in private property with no easement. Very wet conditions after rain makes access difficult and causes significant damage to pasture which is expensive to restore. Water Services cannot justify continued maintenance costs for this line. Replacing it in its current position is not an option either legally, economically or practically. Council has already indicated that it will not finance any part of a mains extension along Syd Sutherlands Lane. There are three properties being served by this line in a “piggyback” fashion. They are Mrs P Clarke, Mr F Saul and Mrs L Sutherland. The services provide stock water only. It is proposed that the existing service be disconnected and new separate services be offered at the Sutherlands Lane / Syd Sutherlands Lane intersection at no cost to the property owners. It would then be up to each individual to either remain disconnected or run their own lines (at their cost) to these new meters by whatever route they choose. It is not known if there are any legal ramifications of disconnecting the service for reasons of cost and difficulty of maintenance.


1. The financial implication of the following recommendations is an estimated expenditure by Council of $2,000 from the Water Supply Fund to supply three new metered connection points.

2. An ongoing saving in recurrent repair and lost water costs from

the existing master-deduct system which cannot be estimated.


3. Possible legal costs if the disconnection is challenged. Director Business Enterprises Recommendation:

1. That Council disconnects the “piggyback” service from Sutherlands Lane which supplies Clarke, Saul and Sutherland.

2. That three new service connections be supplied by Council at the

intersection of Sutherlands Lane and Syd Sutherlands Lane at no cost to the three property owners.


1. That Council disconnects the “piggyback” service from Sutherlands Lane which supplies Clarke, Saul and Sutherland.

At this stage 3.35 p.m. Councillor Sproule left the Chambers.

DBE6 WATER DIRECTORATE FILE: W1-2 GRP {Folio No. 253857} SUMMARY: Reporting on the proposed amendment to the statement of objects and rules of the NSW Local Government Water Industry Directorate (Water Directorate).

Kempsey Shire Council is a member of the Water Directorate. In December 2002 the NSW Local Government Water Industry Directorate successfully applied to become an incorporated association. It is now known as the Water Directorate Incorporated. Becoming an incorporated association is consistent with the Executive Committee’s risk management and contingency strategies and will provide the Water Directorate with greater flexibility as a membership organisation. The Water Directorate Incorporated will operate in the same manner and structure as it has for the past four years. However, it will be more accountable to Member Councils because it will have to comply with the Associations Incorporation Act 1984 which requires additional responsibilities such as the holding of an Annual General Meeting and the lodging of a statement of accounts. To complete the incorporation process the Statement of Objects and Rules of the previously unincorporated association need to be amended to allow for the winding up of business and the transfer of funds to the newly incorporated association.


Three (3) Special Resolutions are required to amend the Statement of Object and Rules of the unincorporated association, see (Appendix C). A “Special Resolution” requires that 21 days written notice is given and at least three-quarters (75%) of the member councils approve.

Financial Implication There are no financial implications arising from the following

recommendation. 2003. 449 RESOLVED: Moved: Cl. Bowell Seconded: Cl. Joukhadar

1. That Council agrees with the three Special Resolutions. 2. That the Director Business Enterprise notifies the Returning

Officer of the Water Directorate accordingly.

DBE7 HAT HEAD DEVELOPING SERVICING PLAN – SEWERAGE SERVICES

FILE: S8-24 AMB (NRN) {Folio No. 253858} SUMMARY: This Report provides Council with the draft Development Servicing Plan for Hat Head Sewerage Services and seeks Council’s endorsement to put this Plan to exhibition as is required by the Ministry of Energy and Utilities ‘Developer Charges Guidelines’.

The Hat Head Sewerage Scheme will shortly be completed and a Development Servicing Plan (DSP) has been prepared to permit the levying of sewerage Developer Charges (see (Appendix D)). Statutory requirements deem that Development Servicing Plans must be exhibited and must advise the Urban Development Institute of Australia (UDIA) and developers with current or recent approval in Hat Head of Council’s intention to exhibit the DSP. Council must exhibit the draft Hat Head Sewerage DSP for a period of 30 working days and must inform the UDIA at least 10 working days prior to commencement of a draft DSP’s exhibition. Council must also inform every developer who had applied for planning approval in Hat Head or for a compliance certificate under Section 305 of the Water Management Act 2000 in Hat Head, during the previous 6 months. It is intended to exhibit the DSP at two locations and advertise the exhibition through the Argus and Council’s website. The DSP will be exhibited at the Business Enterprises counter and made available at Hat Head Library.


Following exhibition, any comments received will be presented to Council prior to the adoption of the final document.


exhibition costs which will be completed with existing Sewerage Fund budgets.


That Council adopt the Draft Hat Head Sewerage Development Servicing Plan for the purposes of exhibition.

DBE8 AUGMENTATION OF SOUTH WEST ROCKS

SEWERAGE TREATMENT PLANT, STAGE ONE – INLET WORKS

FILE: S8-19 DWS (NRN) COPY: APC {Folio No. 253859} SUMMARY: Reporting on proposed open tendering for the replacement of South West Rocks Sewerage Treatment Plant inlet works and the civil component of a chemical dosing plant. (Tender number C15-651)

Augmentation of South West Rocks STW is required to accommodate the increasing population together with peak holiday loadings. Options reports have been undertaken with a view to staging the upgrading of plant capacity.

Stage one consists of the detailed design and construction of a new inlet works. The detailed design and technical specification have been completed by Hunter Water Australia and tender documentation has been prepared. The scope of the proposed contract also includes civil works for a chemical dosing plant from stage two of the plant augmentation to make the contract more attractive to a potential tender. Water Services personnel will carry out the remaining installation work required within stage two. Upon completion of stage two the treatment plant will perform adequately until 2006 when additional aeration will be required and planning will commence for stage three to extend capacity beyond 2010.


A budget allocation of $510000 was made for the current financial year. The total estimated cost of the contact is $480,000. Detailed design undertaken by HWA has accounted for the remaining funds.



1. That the information be noted. 2. That Council approves the commencement of the tendering

process. DBE9 STUARTS POINT AND SOUTH WEST ROCKS

TRANSFER STATIONS FILE: G1-11, G1-12 WJL (NRN) COPY: APC {Folio No. 253860} SUMMARY: Reporting on the operational management changes proposed at the Stuarts Point and South West Rocks Transfer Stations.

At its 12th March 2002 Ordinary Meeting, Council resolved to grant a one (1) year contract to Mr James Wardrope for the operation and management of the South West Rocks Waste Transfer Site. This was later amended to a one (1) year and three (3) month contract commencing on the 1st April 2002 and terminating on the 30th June 2003. Similarly, Council entered into an agreement with Mr. George Blaseotto to operate and manage the Stuarts Point Waste Transfer Station for a term of one (1) year and ten (10) months commencing on the 31 August 2001 and terminating on the 30th June 2003. To date, the contract documents have not been signed by Mr. Blaseotto and the site has been operating under the provisions and conditions of the aforementioned Contract specifications. South West Rocks Waste Transfer Station The South West Rocks site was formerly a landfill, with the transfer station operation beginning some years ago. In 2002, the landfilling operations concluded and the site was capped and revegetated according to EPA compliancing. Fencing of the site and an upgrade of the operational areas were to follow. This fencing has now been completed and any further work has been put on hold because of budgetary limitations. The site was being operated under a day labour arrangement up until April 2002, when the operation and management of the site was contracted out to Mr. Wardrope. The brief nature of the contract specification meant that there has been a fair degree of risk posed to both KSC and the contractor while some ‘grey areas”


within the contract and some operational matters have resulted in some unanticipated budget expenditure. Under the current contract, the materials accepted at the site and the permitted users have not been fully defined, resulting in (arguably) commercial loads of waste being deposited at the site. As the operator receives the income generated from the fees and charges, it could be seen that it is in his best interest to accept as much material as possible to ensure a greater return. Such a situation is at the detriment of Council, because extra funds are needed to address the increase in waste transfer from the site and the mulching of green waste. Stuarts Point Waste Transfer Station Information gathered from Small Business Services files indicate that the following actions were undertaken in relation to the contract: • August 2001, a management contract was developed for the Stuarts Point

Transfer Station with Mr George Blaseotto. • March 2002, copies of the contract were provided to both Mr. Blaseotto

and Council for signing. • July 2002, Council received a letter from Mr. Blaseotto’s lawyers

expressing some concern regarding the terms and conditions of the contract.

• September 2002, Mr. Gary Smith, Small Business Manager met with Mr. Chris Cooney of Howard Sheridan Cooney Harvey Lawyers to discuss these concerns.

• March 2003, Mr. Wayne Landkroon, Facilities Management Coordinator contacted Mr. Cooney in regard to whether the contract with Mr Blaseotto had ever been signed and what the legal obligations of both KSC and Mr. Blaseotto were in respect to a null contract.

Mr. Cooney advised that although a formal contract was not in place, the site was being managed on a verbal arrangement under the terms and conditions of the unsigned contract specification and that unless a serious breach occurred, it was in Council’s best interest to see the term of the Contract out (30 June 2003) Since 2002, various environmental works have been completed on the site including the erection of a fence around the site and the installation of groundwater monitoring bores as a proactive approach to environmental monitoring at the site considering the historical operations at the site. It is the opinion of the Small Business Team that the site is currently not being managed to the level that is required under the current legislative and other operating frameworks. Numerous requests by the previous Waste Coordinator, Luke Sulkowski, to clean up the site have been ignored and have resulted in the unsafe site conditions of vermin habitats, broken glass and metal scrap in the main customer areas. Bonded sheeting has also been observed as being accepted on the site, contrary to the requirement for product assessment and contrary to the list of accepted materials at the site. This material had been inappropriately broken up by vehicle activity. A specialist asbestos removal contractor was independently engaged by Council to properly package, transport and dispose of the material. This was at a cost to Council of $3000. (See also included photos at (Appendix E))


South West Rocks and Stuarts Point At present, all fees and charges collected at both the sites are the contractor’s. As South West Rocks is the only site that provides Council with a monthly reconciliation record, it is difficult to gauge the total income received from both sites. In the last 12 months (April 2002 – March 2003), $53,800 was received by the Contractor at SWR. As both sites operate 22 hours per week, it would not be unrealistic to assume that an income of about $100,000 per annum could be generated from both sites should Council decide to return to day labour.


In 2002/2003 Council approved the following budget expenditure:

South West Rocks Stuarts Point Budget Actual

(to 14 April) Budget Actual

(to 14 April)

INCOME Nil Nil Nil Nil

EXPENDITURE Budget Actual (to 14 April)

Budget Actual (to 14 April)

Waste Transfer $25,000 $18,344 $6,000 $5,538 Mulching $5,000 $3,619 $6,500 $5,448 Site Maintenance $27,500 $14,833 $4,572 $4,952 Monitoring $500 $0 Road Maintenance $2,000 $0 Landfill Closure $0 $1,765 $5,000 $2,746 Environmental Requirements

$20,233 $20,223

Total $60,000 $38,561 $42,295 $38,907

Total Budgeted Deficit

$102,295 Current Deficit

$77,468

In the proposed 5-year budget, allocations has been made to return the provision of Transfer Station operation and management back to Council day labour.

Anticipated 03/04 SWR Stuarts

Point Income $60,000 $40,000 Waste Transfer $20,000 $16,600 Operation & Management $23,650 $23,650 Site Maintenance $15,000 $10.000 Monitoring $2,000 $10,000 Road Maintenance $2,000 $2,000 Green Waste Shredding $6,500 $7,500 Total Expenditure $69,150 $69,750 Compliancing Upgrade in first year $5,000 $5,000


Total Deficit for the period ($14,150) ($34,750)

By returning to day labour at both the Stuarts Point and South West Rocks, Council would see an anticipated saving of $53,395 in the first year and $63,395 each subsequent year. Should Council decide to proceed with day labour, some additional funds will be required to bring both the sites up to compliancing in terms of OH&S requirements, and clearance and landscaping of the sites to a more acceptable level of customer expectation. This ‘one of’ allocation of additional funds would be required only in the initial year. After this, any ongoing site maintenance would be carried out within the operational expenditure of the transfer stations.


1. That Council approve the return to day labour for the Operation

and Maintenance of the Stuarts Point and South West Rocks Transfer Station commencing 1 July 2003.

2. That an allocation of $10,000 be made from the existing 2003/04

budgets to fund the required works to bring both sites up to legislative compliancing.

3. That the day labour requirements for the sites be engaged from

existing Council Staff. At this stage, 3.46 p.m., Councillor Sproule returned to the Chamber.

DBE10 ALTERATIONS TO TRADE WASTE COLLECTION SERVICE

FILE: G1-18 WJL (NRN) COPY: APC {Folio No. 253861} SUMMARY: Reporting on the necessary alterations required to Council’s Trade Waste Collection Service to address and minimise any OH&S and legislative liabilities and to provide a service that is competitive in the market against private operators.

At the Council Meeting of 17th April 2001 it was resolved:

“That the Director Operational Services report to Council on the continued profitability of the Trade Waste Service”

Council then considered a report at the October 2001 meeting and resolved:

“That the report be recommitted when it is reassessed.”


On the 9 April 2002, a report was submitted for Councils consideration regarding the financial viability of the trade waste service. A copy of this report is attached at (Appendix F)

th

In February 2003, 2 members of the Trade Waste collection staff were injured whilst performing regular duties. Following an investigation into the incidences and a subsequent report to Work Cover, the key cause of injury was identified as manual handling practices. The current operation requires one or two waste team members to manually move, load and replace the trade waste bins. This involves excessive manually handling and has been assessed as a high OH&S hazardous activity. The decision was made by Small Business Services to investigate the replacement of the current rear load vehicles with a more appropriate front lift vehicle. The front lift vehicle would negate the need to manually handle the trade waste bins and would reduce the incidence of manual handling injuries. It would also reduce the required labour component of the trade waste service provision by 28.5%, as the need to have two operators on Monday and Friday would be negated. The change to a front lift vehicle was also identified as industry “Best Practice” in a guide produced by WorkCover New South Wales entitled “Health and Safety at work. The Waste Management and Recycling Industry”. These incidents also resulted in an overall review of the Trade Waste service provision and associated fees and charges. The outcomes of this review would assist in determining whether or not Council should be providing the service, considering there are a number of private contractors providing a similar service within the community and whether Council could remain competitive within the market whilst meeting all legislative and OH&S requirements. OPERATIONAL It was noted that within the Shire, three businesses provided the majority of the commercial and trade waste collection services. These players were: • Kempsey Shire Council (79.6% of trade waste market) • Boscar Waste Services (19.65% of trade waste market) • JR Richards & Sons (0.75% of trade waste market) Other Councils within NSW that also provided a trade waste service were asked to participate in a benchmarking exercise to determine the cost of providing such a service within the community. Details of Councils and Cost are included as (Appendix G) Councils currently providing a trade or commercial service within their Shire indicated that the preference was for the utilisation of front-lift vehicles and a strong educational and informational component for the client. The services


are run separately from the domestic waste collection service, with dedicated vehicles and staff allocated to the provision of service. Kempsey Shire Council currently manages the Trade Waste service as an independent business service in a similar manner to other Councils; however to comply with industry “Best Practice” and ensure that OH&S risks are minimised, Kempsey Shire Council should replace the current service vehicles with one that would assist in the provision of an improved service. Investigations were made into the replacement of the current rear lift vehicles with a front lift truck. The estimated cost of a front lift vehicle is between $350,000 and $400,000 exc. GST. The purchase of the upgraded vehicle would be partially offset by the trade in of the two (2) rear loaders and a single axle side loader, having an estimated total trade in figure of $90,000. The utilisation of such Plant would necessitate the installation of side channels to all trade waste bins, which currently do not have them. Following a recent audit of all trade waste bins, it is estimated that approximately 30% of bins do not have the required channels. This equates to about 50 bins that would require modification. The cost to modify the bins was quoted at $165 +GST each, hence the anticipated cost to complete the required modifications would be $8250 + GST. Following discussions with the trade waste staff and other key stakeholders, it is evident that some trade waste services are offered at a net cost to Council as customer charges are based on volume whereas disposal costs at the landfill are paid according to weight. The cost to collect and dispose of heavier loads exceeds that received in charges levied by Council. An example of this practice is the provision of a 3.0m3 bin serviced weekly. The cost to the client, including bin rental is $27.90 (exc GST) per week. Assuming the bin contains no liquid or hazardous waste and is filled only with inert material, it is possible that the bin may weigh in excess of 1 tonne. The cost to Council to dispose of this 1 tonne load would be $59.91 (exc GST), a nett cost to Council of $32.01. This cost does not include the additional costs of bin rental, wages and plant to actually collect the waste. From the information gathered at other waste service providers, commercial collections are charged based on the size of the receptacle rather than the weight contained in them. Although the vehicle will have the ability to weigh loads, this will be used to ensure that the safe working load limits of the bin are not exceeded. To move to a weight based charge would require the accreditation of the scale system on a regular basis and will not address the costs associated with travelling to and from sites that have lighter loads and the associated costs of landfilling the material. Following a detailed review of fees and charges to incorporate the disposal cost into the pricing structure, the following draft fees and charges have been developed. Draft Estimate of Operating Budget

Period Income Expenditure


2001/2002 $396,640 $386,430 Estimated 2002/2003 $476,500 $438,090 Expected 2003/2004 $553,358 $527,008

Estimate of True Costs to provide service in 2003/04

Tonnage per year 3170.00 10% on 02/03 figures

Cost/Tonne disposal $61.68 3% CPI

Cost to Dispose $195,530 Wages

$51,260 1 Man operation inc 1.5% increase

Plant - Lease Costs - Running Costs

$65,000$60,000

Front lift operating 1700 hours/ year

Materials 15% $26,439 Modification of bins $8,250 based on 50 current bins Replacement and Repair $55,600 based on 20% replacement rate Depreciation of Plant $16,433 Management Charges $48,500

Total Cost for Service $527,008

5% profit target $26,350

Total Cost for Service $553,358 (All costs GST exclusive)

Anticipated Trade Waste Charges

Bin size

Number Collected

per week

Proportion of Costs

Per week

True Cost

Per collection

Current Charge

per collection

240lt 215 $42,259 $812.68 $3.90 $2.15 1.0 1 $819 $15.75 $16.26 $17.05 1.5 125 $153,558 $2,953.05 $24.38 $21.00 3.0 123 $302,203 $5,811.60 $48.77 $30.70 3.5 13 $37,264 $716.61 $56.90 $35.95

(Costs are GST inclusive)

These charges are compared with others service providers within the industry and are an adequate reflection of the true cost of providing the service. (Appendix 2) These revised fees provide a 5% profit return and are consistent with the Kempsey Shire Council Waste Management Strategy’s mission of, Plan, develop, provide and manage an environmentally responsible and cost effective waste management system that meets the needs and expectations of the community”, and the objective to “provide a trade waste collection service that removes commercial or industrial solid waste in a convenient, competitive and economic manner, whilst generating a profit for the Council.” Any higher profit margin would impinge upon the ability of the service to remain competitive.


Plant The purchase price of a 25 cubic metre front lifting truck with the ability to weigh loads) is anticipated to be $350-$400K. The options available to fund this are to:

a) Buy the plant outright and lease it back internally, b) Lease the Plant.

Whilst the preferred option would be to purchase the required plant with funding from the Waste Services Plant Reserve, the balance of the Reserve currently stands at $270,000 and is not sufficient to support the purchase of a new front lift vehicle as well as provide for the replacement of other Waste Services plant items in the next year or so. A short term operating lease, which would be excluded from council’s “global borrowings”, results in the risks & benefits of ownership remain substantially with lessor or hire company. The other alternative is to fund the purchase as a finance lease that would be included in Council’s "global borrowings". This results in the risks & benefits of ownership remaining substantially with the lessee (Kempsey Shire Council). This type of lease is usually non-cancelable and the term is greater than 75% of the expected life of the plant.

The preferred lease option from the trade waste business point of view would be to purchase the plant under an operating lease arrangement. In theory the replacement cost should already have been accumulated in reserve from the cost of the current operating lease payments going to the plant fund. As of 1 July 2003, the Trade Waste Portfolio will be under a new management regime operating at an expected annual profit of $26,350 above existing expenditure (which will include the operating lease payments on the trade waste trucks). Leasing from an outside hire company would mean an estimated yearly payment of $65,000. If we were to lease internally, that would see an equivalent payment to Kempsey Shire Council’s plant fund. Under this scheme of arrangement, it would be anticipated that the truck would be "turned over" at the 5-year mark at the latest. Obviously we have had charges that were too low for the service provided and too low to cover the appropriate lease fees on plant. The real rate of return on plant has been at the expense of viable routine (preventative) maintenance and replacement programmes. The information contained in this report is not quality assured, is based on the best information available at the time and has been gathered because of the prompt decision that needs to be made by Council in view of the recent OH&S issues associated with the existing operation.


Council has the option to discontinue the service at any time subject to the financial viability of the operation as assessed on an ongoing basis. Clients will be advised, as part of the Service Charter that the current service may be terminated with 1 (one) month’s notice. It was identified that Council’s competitor(s) may need to increase their charges for larger capacity bins when the OH&S arrangements for smaller business come into effect in September 2003. Should Council decide to terminate the provision of a trade waste collection service, other service providers may not necessarily take up the lost clients because of bin weight issues. To date, it arguably seems that the other service providers service the “easier” end of the market. The recommendations made in this report are based on the premise that Council recognises the Trade Waste Service as a desired commercial service obligation.


• $8,250 for retrofitting of trade waste bins. • Purchase of Front lift vehicle anticipated at $400,000. Trade in of current rear loader vehicles and one side loader, will generate a trade in value of $90,000. The balance of the cost ($310,000) would be sourced from an operating lease arrangement with expected annual payments of $65,000. The reviewed fees and charges schedule for the Trade Waste service for 2003/2004 have incorporated the anticipated lease repayments whilst not affecting the profit return expected to Council from the provision of service. It is envisaged that these charges will see the repayment of the lease within a 5-year period.


1. That the information presented in this Report be noted and included as part of Council’s philosophy of approach for the restructure of the Trade Waste Service.

2. That Council replace the current rear loading vehicles with a

single front lift vehicle. 3. That a suitable front lift truck be rented as soon as possible, with

a front-lift truck to be purchased in accordance with tendering policy and funded under an operating lease arrangement.

4. That the current trade waste bins without appropriate side

channels be retrofitted to the approved standard at a cost of approximately $8250 + GST.


5. That the Small Business Services team review the Trade Waste Service Charges as part of the annual setting of Fees and Charges for the 2003/04 financial year.

DBE11 ARMIDALE DUMARESQ COUNCIL FILE: G1-2 WEW (NRN) {Folio No. 253862} SUMMARY: Response to the Question Without Notice from Councillor Bowell with regard to the proposed new landfill site in Armidale Dumaresq Council area and its affect on waterways.

In response to Councillor Bowell’s Question Without Notice enquiries were made to the Armidale Dumaresq Council with regard to the proposed new landfill. Mr Mervyn Chapman of Armidale Dumaresq Council advised that the issue of selecting a site for the proposed new landfill had not been settled.

Mr. Chapman explained that a Community Consultative Committee was to be established to work with Armidale Dumaresq Council on the choice of a new landfill site for the city. Mr. Chapman advised that the Council’s web page contains information with regard to the site selection process. The following information (dated18 October 2002) was sourced from the Armidale Dumaresq Council web page: Consultants have advised Armidale Dumaresq Council that a 270 hectare site on Mining Vale Road, 12 kms east of Armidale would be the most suitable for its new land fill site. A recommendation to negotiate the purchase of the land from the owners of the property "Ballantrae" will be put to Monday night's Council meeting. With the current waste management site on Long Swamp Road due to close within two years, General Manager Shane Burns said there is some urgency to make a decision. The Environmental Protection Agency has already given notice that a closure plan for the current site and a strategy for a replacement is now required. Council's consultants from the Department of Public Works and Services assessed a shortlist of nine possible locations from 50 which have been considered since the search for a new waste management site began in 1996. Considerations such as topography, geology and geo-hydrology were included in the 36 criteria analysis and the sites ranked in order of suitability. The Mining Vale Road site came out ten per cent ahead of the other contenders.


The consultants also assessed alternate technologies, based mainly on composting putrescibles and investigations, to include these in the new facility will continue. "Council has been investigating possible locations for almost six years, has commissioned a number of reports, inspected facilities in other council areas and considered many alternatives," Mr Burns said. "We have held two workshops this year, one in April and one this month when the reports from the consultants were discussed in detail. "We've simply run out of time and Councillors are aware that a decision must be made soon to make sure there is sufficient time to prepare an environmental impact statement (EIS) and a risk management plan, prior to the development of the site." The recommendation to Council is that if the results of the EIS for the Mining Vale Road are unsatisfactory, the next most suitable site would be investigated. On 24 February 2003 Armidale Dumaresq Council endorsed the formation of the Community Consultative Committee to consider the landfill project and other waste issues. Council deferred the matter of acceptance of a tender for a hydrogeological and geological study until a review of the weighting of selection criteria is undertaken by the Community Consultative Committee The proposed site on Mining Vale Road is located in the Upper Macleay catchment, therefore, representing a potential source of groundwater and surface water pollution within the catchment. However, appropriate construction and management of the site in accordance with NSW EPA requirements should protect the catchment from such pollution.

Financial implication There are no financial implications from the following recommendation. 2003. 454 RESOLVED: Moved: Cl. Hunt Seconded: Cl. Sproule

1. That the information be noted and that further developments with regard to site selection be monitored.

2. That Kempsey Shire Council participates in the stakeholder

consultation process during preparation of the Environmental Impact Statement to ensure that the Shires interests and concerns are appropriately considered in the process.

3. That Kempsey Shire Council notify the Armidale Dumaresq

Council that they object to any landfill site being established in the Macleay catchment area and that they be asked to look at an alternative site.

DBE12 AIRPORT MANAGEMENT AND USE FILE: A5-2 GTS {Folio No. 253863}


SUMMARY: Reporting on an application for use of the airport for testing of vehicles

Council is in receipt of a letter from Mr Luke Hartsuyker MP, Federal National Party Member for Cowper, furthering a request from Mr Paul Hoffman, General Manager, Express Coach Builders Pty Ltd, Macksville, for approval to test vehicles at Kempsey airport (Appendix H) “Council’s” interim written replies to the Member for Cowper and Express Coach Builders set out the current situation (Appendix I) as generally repeated below

o Council’s Airport Committee, at its meeting held on Wednesday, 24th July 2002, recommended that activities at Kempsey Airport be restricted to aircraft related activities

o This recommendation was submitted to the Ordinary Meeting of the

Kempsey Shire Council held on Tuesday, 13 August 2002, and Council Resolved, at the Meeting, to adopt the recommendation.

o Notwithstanding, the request from Express Coaches will be referred to

the Ordinary Meeting of Kempsey Shire Council on 13 May 2003 for Consideration

o Without pre-empting the outcome of such Consideration, the important

matters of management consistency and fairness to other applicants who have applied, and may apply, for non-aircraft related activities at the site will be afforded due attention

In summary, the proposed activity

o is in contravention of Council’s and User’s adopted position which rejects non-aircraft related activities at the site

o is inconsistent with current management directions o presents an issue of inconsistency for other applicants (sports car

club)

Financial Implication There are no financial implications from the following recommendation. Director Business Enterprises Recommendation: That Express Coach Builder’s request for approval to conduct testing of

vehicles at Kempsey Airport be denied. MOVED: Moved: Cl. Bowell Seconded: Cl. Bowen


That Express Coach Builder’s request for approval to conduct testing of vehicles at Kempsey Airport be referred to the Macleay Development and Promotion Committee.

An Amendment was MOVED: Moved: Cl. Joukhadar Seconded: Cl. Sproule

Depending on the detail of the use by Express Coach Builders, Council approves the request. The AMENDMENT was PUT to the Meeting and was LOST.

2003.455 The MOTION was PUT to the MEETING and was CARRIED. NOTICE OF MOTION - SUPPLEMENTARY

FILE: A5-2 GBS (NRN) {Folio No. 253888} MOVED: Moved: Cl. Bowell Seconded: Cl. Sowter That Council:

c) undertake a cost benefit analysis of the Airport as it presently exists. d) investigate opportunities for additional aircraft related activities and

c) investigate options for better utilisation of Council’s Airport assets.

2003.456 The MOTION was PUT to the MEETING and was LOST.

DBE13 QUESTIONS WITHOUT NOTICE FILE: C18-28 JC (NRN) {Folio No. 253864} SUMMARY: Reporting on Questions Without Notice from the Council meeting of the 8th

April 2003.

Responses to Councillors Questions Without Notice are listed for information. Meeting of 8th April 2003

Councillor Sowter

File: G1-16 {Folio No. 252585}


The Director of Business Enterprises advised he would investigate having garbage pickup increased to weekly for residents along South West Rocks Road, north of Gladstone. The Director of Business Enterprises advised he would investigate having garbage pickup increased to weekly for residents along South West Rocks Road north of Gladstone.

At the Waste Team Meeting of 14th April 2003, collection staff were asked about the viability of providing a weekly garbage service in place of the current fortnightly service to Summer Island Road, Smithtown.

The collection staff believe that because of the relatively small amount

of bins collected, that a change to the service frequency could be achievable. The team was asked to review the actual number of bins affected by the potential change.

Small Business staff have requested the contact details of all affected

property owners so that letters can be sent out to them requesting their approval to change the current service frequency.

23 properties on Summer Island Road currently receive a fortnightly

garbage service and so any change will need to be ratified by all property owners. An increase to the collection frequency would require residents to incur an increase of $20 per annum to the domestic service charge to bring them in line with other weekly service householders.

The Facilities Management Coordinator has sent the letters to all property owners and is awaiting their responses prior to any changes being made. Financial Implication There are no financial implications from the following recommendation.

2003. 457 RESOLVED: Moved: Cl. Sproule Seconded: Cl. Hunt That the information be noted.

DBE14 FLEET MANAGEMENT FILE: P6-2 MSW (NRN) {Folio No. 253866} SUMMARY: The Fleet Management Business Plan adopted by Council requires that Council be advised of Plant purchases each month.

The following plant was Purchased during April 2003.

Sale Price


New P/No.

New Vehicle (excl. GST) $

V2063 Toyota Hilux (dual cab utility) V6 $26,489.58

V2064 Jetta Sewer Cleaner (contribution W &S) $32,667.00

Financial Implications All costs are covered by approved Budget allocations.


DBE15 WORKS IN PROGRESS FILE: W1-2 PH (NRN) {Folio No. 253867} SUMMARY: Reporting on works in progress.

WATER SUPPLY Normal operation and maintenance of Water Supply Pumping Stations and Treatment Plants continues. Works completed during last 4 weeks 1. Meter Replacement Program. Works Proposed for next 4 weeks 1. Install Meters on all bore pumps – continuing. 2. Clean Greenhill Reservoir – deferred until dam back on line/drought. 3. Repair leaks at Potters Hill Reservoir. Empty to repair and control rust

in roof support posts. 4. Monitoring and testing of dam after algistat dosing. 5. Investigate options bulk meters Kempsey area, North and down river

and purchase portable meter. 6. Upgrade access to Willawarrin Reservoir and South West Rocks

Borefields.


7. Commence replacement Maguires Crossing Aerator and replace ladder and platform (quotes to be sought).

8. Commence 300mm main and interconnection works, Memorial

Avenue, South West Rocks. 9. 6 monthly meter read.

MONTHLY WATER CONSUMPTION

April 2003 Kilolitres

Belgrave Falls 0 Bellbrook 998 Crescent Head 18,851 Hat Head 10,599 Sherwood – Lime Plant 215,183 South West Rocks 64,509 Stuarts Point 64,151 Willawarrin 1,088 Total Consumption 375,379

Kilolitres to Financial Year to Date: 3,611,544 kl Applications for connection in April – 7 SEWERAGE Normal Operation and maintenance of sewage treatment plants and pumping stations continues. Works completed during last 4 weeks 1. Sewer mains rehabilitation – complete for 2002/03. 2. De sludge lagoons at Frederickton and Gladstone STW complete. 3. Sewer rehab investigation, patching, and replacement West and East

Kempsey complete for 2002/03. 4. CCTV 3 Sewer Lines South West Rocks complete. Works Proposed for next 4 weeks 1. Team storage sheds erection proceeding under contract. 2. Sewerage Pump Station upgrades at South West Rocks – continuing. 3. House service defect correspondence and inspections – continuing. 4. Sewerage Pump Stations Fall Prevention Systems – manufacture and

install. 5. De sludge lagoons at South Kempsey Sewerage Treatment Works.


6. Repair rubber sleeving on decant mechanisms, South Kempsey

Sewerage Treatment Works. 7. Paint and erect platform and vent R28 Jerseyville.

SALEYARDS Works Completed during last 4 weeks

1. Normal maintenance and operation. 2. Completion of roof structure.

3. Installation of rainwater tank to collect run-off from roof.

4. Installation of lighting under roof.

5. Reconstruction of selling ring fence. Works proposed for next 4 weeks 1. Normal maintenance and operation. AIRPORT Works Completed during last 4 weeks 1. Normal maintenance and operation. CARAVAN PARKS Works Completed during last 4 weeks 1. Normal operation and maintenance. 2. Finalise redesign plans for Crescent Head Holiday Park. Works proposed for next 4 weeks 1. Preparation for implementation of redesign plans at Crescent Head. WASTE SERVICES Works Completed during last 4 weeks 1. Normal operation and maintenance.

2. Installation of hardstand for trade waste bins at Stuarts Point Transfer

Station.

3. Erosion control measures at KWR & DF.


Works proposed for next 4 weeks 1. Normal operation.

2. Relocation of recycling depots (Crescent Head and South West

Rocks).

3. Landscaping and weed eradication at Kempsey Waste Receival and Disposal Facility (KWR & DF).

4. Laying concrete slab for emergency shower. 5. Slashing of Sorghum @ South West Rocks Transfer Station. DEPOT Works completed during last 4 weeks 1. Installation and commissioning of perimeter security fence. 2. Security audit and safety audit of Depot. Work proposed for next 4 weeks 1. Preparation of strategic plan for Depot. PURCHASING Works completed during last 4 weeks 1. Trial of staff purchase cards for purchases of less than $250 at

nominated local stores. Work proposed for next 4 weeks 1. Evaluate trial use of staff purchase cards. 2. Commence process for pre-qualification for –

a) Plant and vehicle hire b) Services by Contractors c) Supply of goods.

Financial implication There are no financial implications from the following recommendation.

2003. 459 RESOLVED: Moved: Cl. Sproule Seconded: Cl. Joukhadar That the information be noted.


DBE16 COMPLIMENTS RECEIVED BY BUSINESS ENTERPRISE STAFF

FILE: S10-2 JC (NRN) {Folio No. 253868} SUMMARY Reporting on compliments received by Business Enterprise staff for the month of April. Mrs Beechman - Thank you to the garbage men for fixing

the lid on her bin without her asking. Country Women’s - Thank you to all regarding schedule to Association water interruption on 25th March. T R Newton - Thanking Glenn Pearson and his Team

for attending to a pipeline failure. A job well done.



GENERAL MANAGER’S REPORT GM 1 OUTSTANDING REPORTS AND OUTSTANDING

COUNCIL RESOLUTIONS FILE: C18-2 AVB (NRN) {Folio No. 253869} SUMMARY: Council’s report on outstanding reports and outstanding resolutions.

Following is listed each Director’s outstanding resolutions and outstanding reports up to and including 22nd April extraordinary meeting of Council. OUTSTANDING REPORTS Director Engineering MEETING REPORT SUMMARY OF REPORT DUE DATE /


DATE NUMBER REQUIRED REASON 12.11.02 NOM 4 That the Director Engineering

report back to Council on funding options of constructing Gilbert Cory Street to the same width as the section of the road between Government Road and Gordon Young Drive.

Currently investigating. - DLWC currently assessing area for Aged Care Housing – awaiting outcome.

11.3.2003 DE 3 Yarrahapinni Floodgates – That a workshop be held and a report come back to Council.

Meeting held 1.4.03

Director Business Enterprises

Director Corporate & Community Services

Director Environmental Services

General Manager

OUTSTANDING RESOLUTIONS

Director Engineering

Director Corporate & Community Services

14.1.03 DCCS 7

Proposed Baby Care Room – Director to source funds for project.

Investigations commenced. Ongoing.

DCCS10 8.4.03

Proposed Cemetery, Crottys Lane - Yarravel

Development application to be lodged and a report to Council on funding allocated and funding spent.

Director Business Enterprise

Director Environmental Services

General Manager

Financial Implication There are no financial implications arising from this report.



That Council contact Mr Craig Knowles MP, Minister for Infrastructure and Planning and Natural Resources, and request the land assessment be released as a matter of urgency in regard to the outstanding report 12.11.02 Notice of Motion 4.


That the Director of Corporate and Community Services report back to the next Council Meeting in regard to outstanding resolution 14.1.03 DCCS7.



GM2 SAFETY CO-ORDINATOR FILE: S10 AVB (NRN) COPY: APC {Folio No. 253870} SUMMARY: To report to Council on the success of the Occupational Health and Safety Plan.

In October 2001 I reported to Council on the need to employ a Safety Co-ordinator to implement a Council wide Safety System as recommended by NSCA’s audit of Council’s operations and then recent changes in NSW’s Occupational Safety Legislation. It was considered that over time the cost of a Safety Co-ordinator would be more than recouped by way of reductions in Workers Compensation costs. Council agreed to allocate funds to the position and to provide an implementation budget over the next five years. A further report was submitted to Council in January this year outlining progress of the Safety Project Plan and the major achievements so far, particularly with the lost time injury free months. It was predicted that Council would receive a refund of premium for the year 2002/2003 and a reduced premium for the 2003/2004 year. Advice has now been received from State Cover, Council’s mutual insurer advising Council is to receive a refund of $200,846.06 (inclusive of GST) for the 2002/2003 year and that the Workers Compensation premium for 2003/2004 will be $405,479.92 (excluding GST) which is $105,000 below expectations. It is intended to hold a barbeque as a reward to staff for their efforts in improving workplace safety.


Council’s original approval for a Safety Co-ordinator was for a two year period. The position has been a success and should be continued perhaps on a part time basis. Financial Implications The financial implications are an improvement to our 2002/2003 Working Funds, the release of funds for the allocation in the 2003/2004 year and the provision in future years budgets for a Safety Co-ordinator.

2003. 464 RESOLVED: Moved: Cl. Sproule Seconded: Cl. Hunt

1. That the Safety Co-ordinator and staff be congratulated for their efforts in improving workplace safety.

2. That provision be made in the Draft Estimates for the position of

a Safety Co-ordinator.

GM3 COUNCILS ORDINARY RATE STRUCTURE 2002/2003 FILE: R1-2 WMS (NRN) {Folio No. 253871} SUMMARY: Reporting on Questions without notice on Council’s Ordinary Rate structure. That the General Manager would review the formula used for General (Ordinary) rating charges and would provide information on this in conjunction with the 2003/2004 budget considerations.

The following information is provided in respect of Council general rate and the rating structure adopted by Council.

PRINCIPLES OF RATING

The Department of Local Government in its publication Council Rating and Revenue Raising Manual provides the following discussion on local rating concept: “Every inhabitant of a district should be made to contribute according to his ability: and everyone who receives from the local expenditure should be made to contribute in proportion to the benefit he receives. Thus the fairness or appropriateness of rates may be considered in the light of these two criteria:

1. The extent to which those who receive the benefits of Council’s

services also pay for those services – the so called “benefit principle”


2. The extent to which those who pay for Council’s services have the ability to pay for those services – the so called “ability to pay principle”.”

Council in setting its rates structure attempts to obtain an equitable balance for its ratepayers in addressing the forgoing principles. The use of the base rate (benefits principle) provides the basis by which the cost of common services enjoyed by all ratepayers are shared equally whilst the ad Val Orem based upon the value of land can be said to “approximate” ability to pay.

The Rating Manual goes on to state: “Whilst the Local Government Act makes provision for base amounts, the overriding characteristic of local government rating is that the assessments that are produced will be primarily and predominantly determined via the ad Val Orem method whereby the incidence of any rate burden is split differentially according to the value of ratable property.”

“At best, the value of land can be said to “approximate “ ability to pay. The value of land (particularly land which is not income producing) is often no indication of the means of the owner.”

RATE PEGGING

The rate pegging legislation defines the maximum rate revenue that Council can raise in a particular year. The notional rate yield base for the 2002/03 has been calculated at $7,982,148. (as at 9.4.03) Any change in overall valuation serves only to redistribute the total revenue available from rating between individual ratepayers and rating categories.

COUNCIL CURRENT RATING STRUCTURE

Council adopted its current rating structure effective the 1 July 1995. The structure was developed in response to changes in respect of rating incorporated in the Local Government Act 1993. The rating model adopted by Council provides:

• that for rating purposes, land be categorised as:

Residential – Urban Residential – Non Urban Business Farmland Mining

• uniform rate to apply within the respective rating categories • in respect of the above categories with the exception of

Business, a base rate be levied plus an ad Val Orem rate. • in respect of the Business category the rate be a straight ad

Val Orem rate


• the level of rate revenue raised from each category is maintained generally at the current percentage being the yield obtained in the 1994/95 year.

A review of the rating structure was undertaken in 2001.

The review followed the receipt of new land valuations that became effective for the 2001/02 year, the new valuations were characterized by a general reduction in Kempsey township land values whilst there was a significant increase in land values at South West Rocks and Crescent Head. Council looked at a number of rating options including:

• Retention of the structure adopted in 1995 as outlined above. • Introduction of differential Rates for Sub categories with the retention

of the existing base rate amount, the option provided that properties at South West Rocks and Crescent Head receive relief from the impact of the new valuations.

• Introduction of differential Rates for Sub categories combined with a reduction in the current base rate, this option provided that properties at South West Rocks and Crescent Head receive relief from the impact of the new valuations, whilst also aiming to “smooth” out the impact of the new valuations across the residential categories.

Council determined to retain the rating structure first introduced in 1995. A comparison of the breakup of revenue from the respective rate categories for 1994/95 and 2002/03 is set out below:

Category 1994/95 2002/03 Residential 68.30% 70.15%

Business 9.57% 10.73% Mining 0.08% 0.05% Farmland 22.05% 19.07%

The average Ordinary rate applying to ratepayers in the 2002/2003 are:

• Residential urban assessments outside SWR and Crescent Head area

- $371.98. • Residential urban assessments in SWR and Arakoon area - $611.55. • Residential urban assessments in Crescent Head area - $759.61. • Residential Non-urban (rural not farmland) assessments - $526.05. • Business assessments in Kempsey and other areas outside SWR and

Crescent Head - $955.16. • Business assessments in the SWR and Arakoon areas - $1541.78. • Business assessments in Crescent Head area - $2181.31. • Farmland assessments in the Shire - $828.88.

RATING OPTION


An alternate option is detailed below for the information of Council. This option provides a typical example of the impact that may be expected on Councils ratepayers with any change to the rating structure.

Option to introduce a differential Rate for Residential and Business Sub categories.

Aim: Provide a 5% rate relief to properties at South West Rocks and Crescent Head with the retention of the existing base rate amount,

Requirements of model:

• The introduction of a new Business sub category for Crescent Head and SWR with a lower ad Val Orem rate.

• The introduction of new Residential categories for the villages of SWR and Crescent Head with a lower ad Val Orem rate.

• The combination of the Residential non-urban and residential urban (excluding SWR and Crescent Head) into a single category. This is required in order that the rate is valid in accordance with the requirement of the Act, whereby the yield from the base amount for a category or sub category not exceed 50% of the yield for the category.

• The Act provides that the ad Val Orem rate applicable to the Farmland category must be lower then that applied to any other rate category.

Outcome analysis: • The new combined Residential category comprising Kempsey, the

defined villages and non-urban (other than SWR and Crescent Head area) experience an increase in rate yield of $171,041.00 (average of $21.15 per assessment)

• The new SWR Residential category comprising SWR & village Arakoon experience a reduction in rate yield of $63,430.00 (average of $29.60 per assessment)

• The new Crescent Head Residential category would experience a reduction in rate yield of $21,928.00 (average of $36.60 per assessment)

• Farmland rate category would experience a reduction in rate yield of $85,683.00 (average $60.65 per assessment)

• The Business Kempsey and Other rate yield would increase by $11,444.00 (average $19.75 per assessment)

• The new SWR Business category comprising SWR & village Arakoon experience a reduction in rate yield of $9,179.00 (average of $74.60 per assessment)

• The new Crescent Head Business category would experience a reduction in rate yield of $2,217.00 (average of $105.60 per assessment)

The average Ordinary rate applying to ratepayers with this option would be: • The new combined Residential category comprising Kempsey, the

defined villages and non-urban (other than SWR and Crescent Head area $443.38.

• Residential urban assessments in SWR and Arakoon area $581.95. • Residential urban assessments in Crescent Head area $723.06.


• Business assessments in Kempsey and other areas outside SWR and Crescent Head $974.91.

• Business assessments in the SWR and Arakoon areas $1467.15. • Business assessments in Crescent Head area $2075.73. • Farmland assessments in the Shire $768.24. The current rating structure has received little adverse ratepayer reaction.

GENERAL RE-VALUATION OF SHIRE As noted earlier in this report the rating structure was reviewed in 2001 following the introduction of the 2000 land values. The Valuer will supply Council with a further valuation in October/November 2003 (base date 1/7/2003) that will apply to the 2004/2005 rating year. The revaluation will require an impact analysis and review of the rating structure to be adopted for the 2004/2005 rating year. In particular the review shall focus on the impact that the new valuation will have on Councils ratepayers. In reviewing the rating structure consideration will be given to; • Categorisation of land. • Uniform rate versus differential rates. • Level of rates to be recovered from the respective rating categories.

It is recommended that any review of the rating structure should be deferred until the 2003 land values are received. Financial Implications There are no financial implications arising from this report in the current year.

General Manager’s Recommendation: Council review the rating structure to apply for the 2004/05 year upon receipt of the 2003 General Valuation from the Office of Valuer General.

2003. 465 RESOLVED: Moved: Cl. Joukhadar Seconded: Cl. Hunt That the information be noted.

GM4 CORPORATE STRATEGIC PLAN FILE: A3 - 8 AVB (NRN) {Folio No. 253872} SUMMARY: To present the Second Stage of the Corporate Strategic Plan to Council for adoption.


Development policy that protects, enhances and conserves the

• Employ an Economic Development Manager partnering with the

• Redevelop the Four Shore Caravan Parks to comply with the

Council adopted its Corporate Strategic Plan in 2001. The Plan comprises the following six goals.

1. To promote sustainable economic development in the Shire 2. To ensure that Kempsey Town is a viable and vibrant economic hub

for the Shire 3. To build civic pride and foster effective community relations in the

Shire 4. To adequately plan and fund the Shire’s social and infrastructure

needs 5. To position Kempsey Shire to reap the benefits of its attributes 6. To provide value for money services in the Kempsey Shire

Each of these goals are reinforced by measures, performance indicators and strategies. The Plan developed in 2001 was the first stage of the Corporate Plan. It enabled Councillors, our community and our staff to visualise the direction and understand the objectives that the organisation wished to achieve over a ten year period. The adoption of the five-year financial plan has given us the opportunity to identify the programs that Council wishes to pursue to achieve its Corporate Goals. The programs that have been identified are: 1. TO PROMOTE SUSTAINABLE ECONOMIC DEVELOPMENT IN THE SHIRE

• Undertake studies the implementation of which will protect our Environment • Develop strategies for the sustainable development of the Shire

• Develop and maintain an integrated Ecologically Sustainable

Environmental, Social and Economic health of the Shire

Macleay Development and Promotion Committee • Promotion of Kempsey Shire as an attractive area in which to

invest and operate a business • Provide and maintain Visitor Information Centres in Kempsey

and South West Rocks

• Promotion of Kempsey Shire as a tourist destination

• Establish and encourage a Tourism Association

• Assist and support the Regional Film and Television Office


of visitors

ECONOMIC HUB FOR THE SHIRE

• Provide sufficient land for industrial and related purposes so as

Kempsey Town

• Continue the establishment of the Shire headquarters in the town

to ensure that the Central Business District is a pleasant destination

CBD

to heighten opportunities for alfresco dining

3. TO BUILD CIVIC PRIDE AND FOSTER EFFECTIVE COMMUNITY RELATIONS IN THE SHIRE

• Communicate with the community in accordance with our

requisite legislation

• Capital improve the caravan parks to attract increased numbers

• Implement the Town Master Plans for South West Rocks and Crescent Head to make those village shopping centers tourist precincts

2. TO ENSURE THAT KEMSEY TOWN IS A VIABLE AND VIBRANT

to maintain the predominance of industrial development at

• Encourage further large retail development to establish in the

town of Kempsey

of Kempsey maintaining the “Capital “ status of the town

• Implement the “Town Centre Masterplan” for the town of Kempsey

to shop and work

• Dedicate staff resources to ensure the cleanliness of the Kempsey

• Undertake a Flood Study of Kempsey urban area to clarify areas

where business and residential expansion may best occur

• Provide and maintain car parking infrastructure to satisfy the business users needs

• Provide a nursing mothers room in the CBD

• Undertake Crime Prevention Program as outlined in the Community Solutions Program

• Prepare and make Crime Prevention Plan work

• Provide and market improvements within the CBD

Community Consultation Policy

• Maintain the operation of the Aboriginal Liaison Committee

• Continue to engage community representatives on Council


Committees

• Conduct at least one community survey per year

• Conduct at least four random telephone surveys per year

• Establish and maintain an Art Gallery

• Initiate or support community festivals

• Conduct Community newsletters each year

• Support/promote the contribution of Social Capital by the Community

4. TO ADEQUATELY PLAN AND FUND THE SHIRE’S SOCIAL AND INFRASTRUCTURE NEEDS

• Develop and maintain a ten year Financial Plan

• Apply for grant funds at every opportunity to assist the

funding of projects

• Finance works and projects of an environmental nature through an Environmental Levy • Increase income from caravan parks by improving accommodation available

• Aggressively market the Civicview software applications

• Redevelop land assets to produce a better return on Investment

• Dispose of surplus assets and utilise return to finance services

• Recreational services be provided on a user pays basis • Sell our water resources on a consumption basis

• Purchase a management reporting system • Provide improvements to capital infrastructure in response to community priorities

• Maintain infrastructure assets at a level that ensures that:

(a) rural roads are sealed at least every 40 years (b) roads in Kempsey town are sealed every 21 years (c) roads in villages are resealed every 25 years (d) pavement strengthening of rural roads is undertaken over a 85 year

cycle (e) gravel roads are graded at least once per year (f) one timber bridge is rebuilt/enhanced per year


• Assess the continuing cost of maintenance prior to providing

ITS ATTRIBUTES

6. TO PROVIDE VALUE FOR MONEY SERVICES IN THE

These programs would be modified over the period of the Corporate Strategic Plan to enable completed programs to be excluded and new programs to be included.

Financial Implications

new capital infrastructure

5. TO POSITION KEMPSEY SHIRE TO REAP THE BENEFITS OF

• Attend and participate in the Mid North Coast Group of Councils

• Attend and participate in the Country Mayors Association

• Promotion of the Shire through the media, travel shows and advertising

• Relationships with Ministers and bureaucrats are developed and maintained on a political and staff level to protect and enhance the level of public infrastructure in the shire

• ESD strategies ensure natural attractiveness does not decline

KEMPSEY SHIRE

• Work practices are to be reviewed and agreements with staff negotiated that provide for flexible arrangements

• Process improvement teams are to investigate current systems in

place and make recommendations for continuous improvements

• Surveys are to be conducted to measure the communities satisfaction of councils service delivery and to provide community input into the range of services to be provided

• Reports to council clearly distinguish options to minimize disputes and subsequent court action

• Develop and maintain a Developers Incentive Policy that actively

encourages and assists prospective development

The adoption of programs as part of the Corporate Strategic Plan will align the Plan to the Management Plan and the Budget. Should Council adopt the above programs, they will be included in the 2003/2004 Management Plan and details of projects completed in 2002/2003 and those proposed for 2003/2004 that implement the programs will also be included. The programs as adopted by Council will comprise the next stage of the Corporate Strategic Plan and will be reviewed with Stage One in July/August. Dr John Martin will facilitate that process.


There are no financial implications arising from this report.

GM5 MID NORTH COAST WATER MANAGEMENT COMMITTEE


That Council adopt the programs outlined in the report in respect of each goal of the Corporate Strategic Plan.

FILE: W1-2 AVB (NRN) {Folio No. 253873}

SUMMARY: Inviting nominations to fill the vacancy on the Mid North Coast Water Management Committee.

The Local Government and Shires Associations are seeking nominations for a Local Government representative on the Mid Coast Water Management Committee to fill the vacancy caused by the death of Councillor Peter Mainey.

There are three Councils – Hastings, Kempsey and Nambucca – that are coastal members of the Committee and the Associations are keen to make a recommendation to the Minister for a person from a coastal Council who has a strong knowledge and interest in the tourist industry.

Nominees need to be aware of the following conditions of appointment before they decide whether they are committed to the position:

• Members are appointed under the Water Management Act (2000). • The committee operates by consensus. The process of negotiation,

compromise and trade-off necessary to achieve consensus are central to the operation of the committee. Members must be willing to participate in committee discussions in this spirit of seeking consensus. This includes respecting the views and motives of all members.

• Members must acknowledge and accommodate the value of Aboriginal knowledge, skills, beliefs, culture and customs in natural resource management and decision making.

• Members must make available to the committee all relevant data of which they are aware, other than that which is commercially-in-confidence.

• Members must work in the best interests of the committee and the area.

Nominees can be Councillors or staff and they will be required to outline membership of any other Government Board/Committee and provide a 1-2 page resume. Nominations close on the 30th May 2002. Council in January this year resolved to approach both Hastings and Nambucca Councils to seek their support to approach the Minister to have a specialist Local Government staff member appointed to the Committee.


Financial Implications There are no financial implications arising out of this report.

General Manager’s Recommendation:

That Council determine whether it wishes to nominate a Councillor to serve on the Mid North Coast Management Committee.


That Council nominate Councillor Bowen to serve on the Mid North Coast Management Committee.

GM6 CUSTOMER SATISFACTION SURVEYS - PHONE FILE: C18-38 MAM (NRN) {Folio No. 253874}

• 65% of people rated our promptness in response to their enquiry as Very Good or Good (68%)

• 69.6% rated our staff’s knowledge of the subject as Very Good or Good (75%) and

SUMMARY: Reporting that three phone surveys have been conducted to assess the level of customer satisfaction with Council.

Council has recently received the results of three surveys of customers who have had contact with the organization in the previous two weeks. The survey, undertaken on the phone by the Kempsey Neighbourhood Centre, has been designed to assess the level of satisfaction that the customer has with Council. Fortnightly computer printouts of randomly selected customers are forwarded to the Neighbourhood Centre. They then select ten customers from these lists to phone and the information is then passed on to Council for action. Should a person have a particular grievance with Council, there is an opportunity for that customer to receive a return phone call from the appropriate director therefore assuring that customer of our genuine interest. Results of these phone surveys reveal (last years average shown in brackets):

• 93.3% rated our staff’s friendliness as Very Good or Good (81%) • 80% rated our willingness to help them and to understand their

enquiry as Very Good or Good (75%) • 86.6% rated our staff’s professional attitude as Very Good or Good

(75%)

• 63.3% rated our overall handling of their enquiry as Very Good or Good (68%)


3. That Council agree to support the concept of an indoor pool into the indoor stadium.

SALEYARDS COMMITTEE

The two areas which showed a decrease in satisfaction over the results from 2002 were “promptness in response to their enquiry” and “staff’s knowledge of the subject”. During recent months, there have been a number of temporary and/or new staff members in some reception areas due to illness and/or staff turnover. This problem should be resolved by May. Customer Service training will be undertaken by all staff during the month of May. Financial Implications Surveys have been undertaken within existing budget.



LATE BUSINESS – KEMPSEY SHIRE SWIMMING POOLS

2003. 469 RESOLVED: Moved: Cl. Joukhadar Seconded: Cl. Sowter

That this matter be dealt with at this meeting as it is deemed by the Mayor to be a matter of great urgency. MOVED: Moved: Cl. Joukhadar

Seconded: Cl. Sowter 1. That the writer of the report be thanked. 2. That the budget for the swimming pools be as adopted in the 5

year plan.

4. That a further report be submitted to Council of the financial

effect of the Risk Audit that has been carried out.

FILE: S1-2 RAB (NRN) {Folio No. 253875

14th April 2003


2003. 470 RESOLVED: Moved: Cl. Bowell

2003. 472 RESOLVED: Moved: Cl. Sproule

REPORT OF THE SALEYARDS COMMITTEE MEETING HELD AT THE KEMPSEY REGIONAL SALEYARDS ON MONDAY 14TH APRIL 2003.

Seconded: Cl. Hunt

That the minutes of the Saleyards Committee report of 14th April 2003 be adopted.

MINUTES OF THE EXTRAORDINARY MEETING OF KEMPSEY SHIRE COUNCIL

Monday 12th May 2003 commencing at 9.34am.


That the minutes of the Extraordinary Meeting of Monday 12th May 2003 be adopted subject to the deferment of the Middleton Street / Phillip Drive Cycleway adjustment to the 2004/05 year.

Seconded: Cl. Sowter

That the following amendments be included in the Operating Budget for the years 2003/04 to 2005/06:-

Function

Page # Item Variation

03/04 04/05 05/06 Bridges a. Income Contribution - 2nd Bridge Crossing at Kempsey 50,000 150,000 - b. Expenditure 2nd Bridge Crossing at Kempsey 50,000 - 150,000 Ancillary Road Facilities a. Income

5,000

Grant - Traffic Facilities 31,000 31,000 29,300

Grant - Median Maintenance - Smith Street, Kempsey 5,000 5,000 b. Expenditure Traffic Facilities 31,000 31,000

5,000 5,000 29,300

Mowing - Unpaved Footpaths 5,000 Strategic Land Use Planning a. Income Section 149 EPA Act Certificates 10,000 10,000 10,000 Development Control a. Income Development Application Fees 40,000 40,000 40,000


10,000

Building Control a. Income Building Inspection Fees 10,000 10,000 Laboratory a. Income Internal Testing 10,000 10,000 10,000 Laboratory b. Expenditure Disposable Testing Equipment (2,000) (2,850) (2,880) Chemicals, Gas, Etc. (6,500) (7,200)

12,500 13,300 Collection Expenses

4,000 4,250

(7,420) External Testing 13,000

(1,500) (2,500) (2,580) Equipment Maintenance (5,000) (6,000) (6,240) Laboratory - Building Repairs 1,000 1,000 1,000 Office Expenses & Cleaning 4,440 Community Buildings a. Income Rents (Community Centre) 3,000 3,000 3,000 General Revenue a. Income Rates

(3,315) (75,000)

70,000 113,000 142,800 Certificates - Section 603 22,000 23,500 25,120 Urgency Fees (3,000) (3,250) Interest on Investments (75,000) (75,000)Sundry Sales & Services 6,000 6,000 6,000 Contributions to Fringe Benefits Tax 20,000 20,000 20,000 Employment Overheads a. Income Charges to Other Funds, Works 70,000 75,000 78,500 Employment Overheads b. Expenditure Workers Compensation Insurance (95,000) (84,500) (81,120)Superannuation 70,000 75,000 78,500 Performance Pay System (18,000) (24,000) (30,000)Administration Expenses b. Expenditure Insurances 120,000 120,000

b

120,000 Flood Mitigation . Expenditure

2:1 Subsidised Program - Floodgate Restoration 207,000 - - 2:1 Subsidised Program - Lower Macleay Levees - (207,000) - Boat Ramps b. Expenditure Pump Out Facility, Mattys Flat 3,000 Ancillary Road Facilities

3,000 3,000

b. Expenditure Assets Inventory (AAS27 Register) 5,000 - Road and Traffic Signs (8,000) Locality Signs

5,000 (8,000) (8,000) 8,000 8,000 8,000

2003. 473 RESOLVED: Moved: Cl. Hunt


2003. 474 RESOLVED: Moved: Cl. Joukhadar

2003/2004

Seconded: Cl. Sproule

That $125,861 for implementation of the Management Plan for the Caravan Parks be provided in the 2003/2004 year to be funded from loans.

Seconded: Cl. Hunt

That the following variations requested by the Director Business Enterprises for Other Waste Services be included in the 2003/2004 Budget:- Other Waste Services a. Income Income – Charges 184,000 b. Expenditure Waste Transfer Facilities

Carters Wages

Bins Maintenance 5,550

68,500 Caravan Parks 40,000

(38,750) Vehicle Running Expenses 11,000 Charge by Tips 43,100

45,500 Sundries – Modify Bins


That the following variations as requested by the Director Business Enterprises for Rubbish Tips be included in the 2003/2004 Budget:-

03/04 Rubbish Tips a. Income Disposal Charge -DWS 32,800 - Voucher System (71,000) - Community 6,720 - TWS 43,100 - Tipping Fees 58,000 b. Expenditure Daily Cover (43,500) Voucher System (40,000) Site Amenities 10,000 Building and Site Maintenance 10,000 Water Management & Monitoring 20,000 EPA Reporting

500 Winning of Cover

2,000

5,000 Office Expenses

25,000 Biosolid Management SWR Disposal – Waste Transfer (40,000) – Operation and Management 23,650


– Internal Road Maintenance

– Site Maintenance 2,000

1,500

(2,000)


Seconded: Cl. Joukhadar

That further consideration on the Swimming Pools be deferred to Tuesday 13 2003 Council Meeting as a late business item and copies of the additional report on these pools from the Manager Small Business be provided to all Councillors.


– Site Maintenance 15,000 – Site Monitoring 2,000

2,000 Stuarts Point Disposal – Operation 23,650

15,000 – Site Monitoring – Internal Road Maintenance 2,000 Bellbrook Disposal – Waste Transfer 1,000 - EPA Requirements 1,000 - Contract Fees 20,800 - Site Maintenance Shredding – Crescent Head 17,000 - South West Rocks (3,500) - Stuarts Point 6,000 - Bellbrook 500 Community Promotions 1,000 Waste Management Education 1,000 Clean Up Australia Day

MOVED: Moved: Cl. Joukhadar Seconded: Cl. Hunt

That investigations be undertaken into closing all Kempsey Shire’s swimming pools and establishing a new single complex at Frederickton.

An Amendment was MOVED: Moved: Cl. Bowell

That the recommendation be adopted with the deletion of the words ‘at Frederickton’. The AMENDMENT was PUT to the Meeting and was LOST.

2003.476 The MOTION was PUT to the MEETING and was LOST.


th May


That no amendments as requested by the Director Business Enterprises be included in Depot Management Budget for 2003/2004 and issues on OH&S and EPA be prioritised from allocated funding.


That $23,500 be provided in the Airport Management Budget for;


- boundary fencing – maintenance $10,000.

Item Variation

03/04 05/06 Local Roads

- replacement of illuminated wand indicator - $10,000 - tree lopping - $3,500

2003. 480 RESOLVED: Moved: Cl. Hayes Seconded: Cl. Joukhadar

That $60,000 for Economic Development be included in the 2003/2004 Budget and if any funds are received from the former Macleay Valley Economic Development Trust, these funds be allocated towards Economic Development.

2003. 481 RESOLVED: Moved: Cl. Hayes Seconded: Cl. Bowell

That provision of $2,000 for repair and relocation of the mobile half pipe under the Community Services Budget be deleted and the half pipe be sold.

2003. 482 RESOLVED: Moved: Cl. Hunt Seconded: Cl. Sproule

That the following amendments be included in the Operating Budget for 2003/2004 to 2005/2006:-

Function

04/05

a. Income Loan Funding - Macleay Street, Frederickton 600,000 400,000 b. Expenditure

400,000 Macleay Street Frederickton 600,000 Saleyards a. Income Yard Dues - Owners (30,000)

(30,000) (30,000) Weighing Fees - Owners (11,000) (11,000) (11,000) Selling Fees - Owners (7,000) (7,000) (7,000) Baths a. Income Charges – Kempsey 10,500 10,000 10,360 Charges – Crescent Head 2,500 2,500 2,690 Charges – Gladstone 2,500 2,500 2,690 Charges – South West Rocks 4,500 4,500 4,690 Library a. Income

1,500 Sundry Income 500

Contribution by Co-operative Library 9,600 9,600 9,600 Fees and Charges 1,500 1,500

500 500 Community Services a. Income

500 500

Senior Citizens Week Grant 500


Youth Worker Grant (67,609) (2,700) (2,826)

3,500

3,000 Trainee Subsidy

(53,303) (69,397) Aboriginal Liaison Officer Grant (2,700) Home Care Packages 3,500 3,500 Cemeteries Sale of Sites, Etc. 3,000 3,000

1,250 1,250 1,250 Local Roads b. Expenditure

Bridges

Weight of Loads Group 140 150 155 Resealing - Rural Roads 94,000 94,000 94,000 Gravel Resheeting (94,000) (94,000) (94,000)

b. Expenditure Specific Maintenance - Barbers Lane - Rogers 35,000 - - Specific Maintenance - Nook Road - Roses (35,000) - - Specific Maintenance - Nulla Nulla Creek Road - Fullers 45,000 - - Specific Maintenance - Nook Road - McIntyre (45,000) - - Specific Maintenance - Five Day Creek Road - Lawrence 10,000 2,000

-

Stormwater Drainage

- Specific Maintenance - Nook Road - Dunbars (10,000) (2,000) - Footbridge - Back Creek, S.W.R. - 100,000 Footbridge - Crescent Head - - (100,000)

b. Expenditure Implementation of Stormwater Management Plan 10,000 10,000 10,000 Footpaths & Cycleways b. Expenditure

- Cycleway - Middleton Street, Kempsey (40,000)

- 40,000 Parks, Gardens & Reserves

Cycleway - Phillip Drive, S.W.R. 40,000 -

- - Cycleway - Middleton Street, Kempsey -

b. Expenditure

Capital Project - Willawarrin 5,000 - - Ranger Services b. Expenditure Impounding & Control Expenses 8,000 8,000 8,000 Vehicles on Beaches 6,000 6,000 6,000 Goolawah Reserve b. Expenditure

2,000 2,078 Aerodrome

Garbage Charges 300 150 177 Maintenance - Buildings (300) (250) (230) Maintenance - Fences/Grounds (2,000) (2,400) (2,450) Toiletries 2,050

b. Expenditure

2,500 2,500

Rates 44 65 74 Balance of Movement Area (4,000) (4,000) (4,000) Runway Lighting 2,500 Airport Owners Association 1,500 1,500 1,500


Saleyards b. Expenditure Routine Maintenance (3,000) (3,000) (3,000) Working & Maintenance Expenses Disposal of Dead Animals Effluent Maintenance (3,400)

(14,000) (16,000) (15,800) 500 500 500 (3,000) (3,430)

Sundry Expenses 2,000 2,000 2,000 Baths b. Expenditure Commission – Kempsey 3,150 3,260 3,338 Commission – Crescent Head 2,175 2,175 2,340 Commission – Gladstone 2,175 2,175 2,340 Commission – South West Rocks 3,915 3,915 4,080 Rental Property b. Expenditure Rates - Grazing Rights 1,444 1,892 1,908 Library b. Expenditure Staff Development 1,200 1,200 1,200

3,500 Library Equipment M&R

2,400

(1,400) (1,300) 900 900

3,000 500

Co-Operative Library - Computer Operations 3,500 3,500 3,300 3,450 3,536

SWR Building M&R 2,200 2,554 Subscription - Electronic Database 5,900 6,150 6,258 Purchase of Periodicals (1,500) (1,400) Deposit Stations (1,250) (1,250) Sundry Expenses 850 Security System Consumables 3,000 3,000 Volunteer Expenses 500 500 Circulation Desk 5,000 Community Services b. Expenditure Youth Worker Expenses (13,453) (13,745) (14,042) Youth Action Committee (3,000) (3,000)

(3,000) (3,000) (5,000)

(1,000)

Cultural Services

(3,000) House of Youth 2,500 2,500 2,500 PCYC (3,000) Crime Prevention Program (5,000) (5,000) Active Australia Projects (2,500) (2,500) (2,500) Donations - Community Based Activities (1,000) (1,000) Breast Screening (1,000) (1,000) (1,000) Neighbourhood Improvement Program (3,000) - - Vehicle - Youth Worker (10,000) - -

b. Expenditure

(1,500)

Annual Allocation - Other Cultural Events (1,500) (1,500) River & Other Festivals (2,000) (2,000) (2,000) Cemeteries b. Expenditure

13,050

Maintenance - Trainee Wage 13,500 14,000 Fire Management - Crottys Lane Land (2,500) - - Tree Maintenance - Arakoon (5,000) - -


Community Buildings b. Expenditure Maintenance - Community Centre - Kempsey 3,000 3,000 3,000 Community Centre - Fence (3,500) - - Administration Expenses b. Expenditure Advertising

Telephone Rents & Charges

(4,000) (4,000) (4,480) Postage (5,000) (5,000) (5,000)

15,000 15,000 14,000 Photocopy Expenses 5,000 11,000 11,100 FAX (Councillors) 2,000 2,000 - Upgrade of Telephone System 4,752 - - Financial Services b. Expenditure Valuation Fees (1,000) (1,000) (1,000) Bank Charges 8,000 8,000 8,290

Computer b. Expenditure CivicView Software Maintenance (10,000) (10,000) (10,000) Maintenance Agreements

11,000

(3,000) (3,000) (3,000) Printing & Stationery 10,000 11,400 Corporate Buildings b. Expenditure Buildings M&R 6,500 6,500 6,500 Furniture & Fittings M&R 5,000 5,000 5,000 Depot b. Expenditure Rates & Garbage Charges 13,615 14,143 14,615 Engineering Strategy b. Expenditure Survey - Road Realignments 5,000 10,000 10,000 Digitizing of plans 5,000 - - Public Relations b. Expenditure Salaries and Overheads 11,000 11,350 11,751 Professional Development 2,000 2,000 2,000 Website Licence Agreement 5,000 5,100 5,200


That Town Improvement Programs be suspended for the 2003/2004 year

excluding any Town Improvement Works already commenced which will need to be completed in 2003/2004, resulting in a saving of $301,920.

Councillor Sproule recorded her vote against the foregoing Resolution. 2003. 484 RESOLVED: Moved: Cl. Joukhadar Seconded: Cl. Hunt

That commission from Vehicles on Beaches Permits sold by the

Caravan Park Managers and other outlets be the same commission for


1.

all outlets from 1st July 2003 based on the lower commission rate used in the current year.


That the General Manager negotiate with the National Australia Bank regarding the current bank charges imposed on Council.

2003. 486 RESOLVED: Moved: Cl. Hunt Seconded: Cl. Sowter That the General Fund Budget be balanced for the purposes of

balancing the Draft Management Plan by transferring the shortfall from Fleet Management as a contribution to General Fund.

QUESTIONS WITHOUT NOTICE Councillor Bowen Councillor Bowen was advised:-

That the Director of Engineering would investigate the condition of Seal Road and advise when grading take place.

2. The Mayor would raise the issue of angle parking in front of the South Kempsey Mini Market and Hughes’ Butchery at the next Traffic Committee Meeting 14th May 2003 and if consultation between the Committee Members and the business owners could take place afterwards.

3. If the Mayor could offer Councillors the opportunity to have input into the Mayor’s Column on issues of importance eg. rate increase, environmental levy, etc.

4. The Director of Engineering would investigate removal of the center pipe roof support in the cover outside the public toilets in Elbow Street West Kempsey.

5. The Director of Engineering would investigate drainage of the stormwater at Jerseyville and ensure that the work associated with the installation of the new sewerage pumping station has not impeded drainage.

6. The Director of Engineering would arrange for the Traffic Committee to look at the position of the give way sign at Nook Creek.

7. The Director of Engineering would investigate the water ponding on South West Rocks Road near Wes Notley’s place.

Councillor Bowell Councillor Bowell was advised:-

1. That the Director of Engineering would investigate whether provision could be made for the installation of a new barbecue in Bellbrook Park.


2. The Director of Environmental Services would investigate the stormwater drainage at the Seven Day Adventist site Crescent Head Road had been rectified.

3. That the next meeting for the Land Release Strategy Task Force will be Tuesday 27th May at 9.00 a.m. and the next meeting for the Caravan Park Committee will be Wednesday 11th June at 9.00 a.m.

4. The Director of Engineering would list the following two items for the next Traffic Committee Meeting; - the speed of vehicles in Gilbert Cory Street, South West Rocks. - The provision of a loading zone in the CBD in Ocean Avenue,

Stuarts Point. Councillor Sowter

Councillor Sowter was advised:-

1. That the Director of Engineering would investigate the condition of Seal Road.

2. The Director Corporate and Community Services would investigate the dangerous trees at Arakoon Cemetery.

3. That the opening of Toorooka Bridge will take place on Friday 13th June at 10.00 o’clock.

Councillor Sproule Councillor Sproule was advised:- 1. The Director of Engineering advised that investigations are taking

place into the maintenance programs for Kempsey and that available funding limits resources and staff.

2. The Director of Engineering advised that old playground equipment is recycled if possible and it is not sold to the public due to safety regulations.

3. The Director of Engineering advised that a written application needs to be lodged at Council for directional signs to be erected at Greenhill Motorcycle Track.

Councillor Joukhadar Councillor Joukhadar was advised:- 1. That the General Manager would provide revote information to be

considered by Council in conjunction with the adoption of the Draft Management Plan.

Councillor Hayes Councillor Hayes was advised:- 1. The Director of Engineering would investigate if the street sweeper

could sweep the carpark in Stuart Street to eliminate the dust problems in the supermarket.


2. The Director of Environmental Services advised that the issue regarding safety during public markets is the responsibility of the owners of the complex.

MOTION FOR COMMITTEE

2003.488 RESOLVED: Moved: Cl. Sowter

PRESENTATION The Director Environmental Services presented the final report for the

Natural Heritage Trust Funded Program – Land and Water Management Strategies for the Lower Macleay River Flood Plain Committee.

2003. 487 RESOLVED: Moved: Cl. Sowter Seconded: Cl. Bowen That the Director of Environmental Services, The Lower Macleay River

Flood Plain Committee, Mr Ron Kemsley and staff be thanked for all their work involved in this presentation and congratulated on their work.

Seconded: Cl. Bowell

That Council form itself into the Committee of the Whole, and at this stage, at 6.03 p.m., the meeting be closed to the public to permit discussion of the confidential business items listed for the reasons as stated in the Agenda.

CONFIDENTIAL MAYORAL MINUTE M1 CONTRACT OF EMPLOYMENT FILE: S10-13 JACH (NRN) {Folio No. 253876}

SUMMARY:

To submit to Council a draft contract of employment for the General Manager for the period 2003 – 2008. REASON FOR PRESENTATION OF REPORT ON A CONFIDENTIAL BASIS This report is considered on a confidential basis as it contains information on personnel matters concerning particular individuals. (Local Government Act 1993, Section 10A(2)(a).


2003. 489 RECOMMENDED: Moved: Cl. Hayes Seconded: Cl. Hunt

That the draft contract of employment be adopted and Council authorise the fixing of it’s seal to the contract.

DIRECTOR ENVIRONMENTAL SERVICES CONFIDENTIAL REPORT

DES1 NON-COMPLIANCE WITH CONDITIONS OF CONSENT - SOUTH KEMPSEY

FILE: T6-00-408 RBP {Folio No. 253877}

SUMMARY: Reporting on continued non-compliance with conditions of consent in relation to an industrial lot at South Kempsey. REASON FOR PRESENTATION OF REPORT ON A CONFIDENTIAL BASIS This report is considered on a confidential basis as it contains information that would if disclosed, prejudice the maintenance of law (Local Government Act 1993, Section 10A(2) (e).

2003. 490 RECOMMENDED: Moved: Cl. Bowell Seconded: Cl. Sproule

That the owner be advised that unless all conditions of consent are complied with within sixty (60) days of notice being given, that Council intends to commence action in the Land and Environment Court to ensure compliance, including an order as to Council’s costs and will press on with action relating to the unauthorised junkyard at Collombatti.

DES2 DEVELOPMENT LOT 2 DP 840248 No 5 KEMP STREET, KEMPSEY FILE: T6-00-214, LA19404 SNB {Folio No. 253878}

SUMMARY:

Reporting on the continued unauthorised occupation of premises at 5 Kemp Street, Kempsey.


REASON FOR PRESENTATION OF REPORT ON A CONFIDENTIAL BASIS.

This report is considered on a confidential basis as it contains information that

would if disclosed, prejudice the maintenance of law (Local Government Act 1993, Section 10A(2) (e).

2003. 491 RECOMMENDED: Moved: Cl. Bowell Seconded: Cl. Hunt That Council resolve to commence legal proceedings in the Land and

Environment Court for failure to comply with conditions of the development consent.

DES3 UNAUTHORISED FILLING - BELMORE RIVER FILE: T6-01-505 RBP {Folio No. 253879}

SUMMARY: Reporting on unauthorised filling - Belmore River.

REASON FOR PRESENTATION OF REPORT ON A CONFIDENTIAL BASIS This report is considered on a confidential basis as it contains information that would if disclosed, prejudice the maintenance of law (Local Government Act 1993, Section 10A(2) (e).

2003. 492 RECOMMENDED: Moved: Cl. Bowell Seconded: Cl. Sowter

2. This consent permits the placement of a total of 8,881m

of earth on the land for the purposes of constructing a flood mound. Separate development consent will be required to place any additional fill material on the land.

A That the applicant be advised that Council is prepared to agree to approve of the placement of 8,881m3 of material on the land only being that material already placed on the land with any subsequent consent to be subject to the following conditions:-

1. The development referred to in this application is to be

carried out substantially in accordance with the approved development plans as modified by any conditions of this consent.

3


3. Payment of contribution of $5,506 towards the upgrading and maintenance of Left Bank Road, Belmore River within fourteen (14) days of the date of consent.

4. That within 60 days of the date of consent the mound be

completed and all excessive spoils be removed from the site including areas outside the perimeter of the mound.

B That the applicant be advised that unless his written agreement

is received within 14 days of notice being given, that consent will be refused for the following reasons:

1. Inadequate information has been provided to determine

the impacts on Council's road system resulting from the transportation of material required to construct the proposed mound.

2. Inadequate provision has been made to protect Council's

road infrastructure.

C That the applicant be advised that in the event Council is forced to refuse the application, Council intends to commence action in the Land and Environment Court to restore the breach of the Environmental Planning and Assessment Act, including an Order as to Council's costs.

DIRECTOR BUSINESS ENTERPRISES CONFIDENTIAL

REPORT

DBE 1 PROPOSED MOBILE PHONE INSTALLATIONS AT

CRESCENT HEAD FILE: LA9508 GRP (NRN) {Folio No. 253884} SUMMARY: Reporting on proposals by Optus Mobile Pty Ltd and Telstra Corporation Ltd to install mobile phone antennas and equipment at the water reservoir on Big Nobby Headland, Crescent Head. REASON FOR PRESENTATION OF REPORT ON A CONFIDENTIAL BASIS This report is submitted on a confidential basis as it refers to confidential financial information.



3. That the General Manger be authorised to negotiate the terms of the proposed leases/licenses.

1. That the concept of both Optus and Telstra Mobile Phone installations at Big Nobby reservoir be approved.

2. That engagement of Council’s solicitor, at cost to Optus Mobile Pty

Ltd and Telstra Corp. Ltd to peruse the leases be approved.

4. That the General Manager be authorised to approve the

leases/licenses subject to support from Council’s solicitor and approval of relevant development and building applications.

GENERAL MANAGER’S CONFIDENTIAL REPORT GM1 SURPLUS LAND FILE: P10-18 AVB (NRN) {Folio No. 253885} SUMMARY: To report to Council parcels of land that are considered to be surplus to Council’s needs.

REASON FOR PRESENTATION OF REPORT ON A CONFIDENTIAL BASIS 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 business or proposes to conduct business (Section 10A (2) (c)).

2003. 494 RECOMMENDED: Moved: Cl. Joukhadar Seconded: Cl. Bowell

1. That Council identify by way of a Works Inspection, which parcels of land outlined in the report are excess to current requirements.

2. That the funds received from any sale be expended on capital

improvements.

GM2 LEGAL MATTERS FILE: L3-1 AVB (NRN) {Folio No. 253886} SUMMARY: Reporting on the current position regarding legal matters.


REASON FOR PRESENTATION OF REPORT ON A CONFIDENTIAL BASIS 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 grounds of legal professional privilege. (Local Government Act 1993, section 10A(2)(G)).

2003. 495 RECOMMENDED: Moved: Cl. Joukhadar Seconded: Cl. Sproule


QUESTIONS WITHOUT NOTICE Councillor Sowter raised the matter of the future of the residual land between

the Saleyards and the proposed subdivision at “Bunya Pines” Estate North Street, West Kempsey.


That Council is not interested in the purchase of land surrounding the Kempsey Saleyards.

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 2003.497 RESOLVED: Moved: Cl. Joukhadar Seconded: Cl. Bowen

That the foregoing recommendations of the Committee of the Whole, as

reported by the General Manager, be adopted.

CONCLUSION: There being no further business, the Meeting terminated at 6.57 p.m.

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