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Kempsey Shire Council – Ordinary Meeting 17 December 2013

KEMPSEY SHIRE COUNCIL

NOTICE OF MEETING

A COUNCIL MEETING

WILL BE HELD ON TUESDAY 17 DECEMBER 2013 IN THE COUNCIL CHAMBERS

CORNER TOZER AND ELBOW STREETS WEST KEMPSEY

COMMENCING AT 9.00AM BUSINESS

1 OPENING PRAYER 2 ACKNOWLEDGEMENT OF COUNTRY 3 APOLOGIES 4 DECLARATIONS OF INTEREST 5 ASSESSMENT OF ITEMS LISTED FOR CONFIDENTIAL CONSIDERATION 6 CONFIRMATION OF MINUTES 7 CITIZENSHIP CEREMONIES 8 PUBLIC FORUM / PRESENTATIONS 9 CONSIDERATION OF MOTIONS FOR SUPPLEMENTARY REPORTS AND MOTIONS FOR

CHANGES TO THE ORDER OF BUSINESS 10 CONSIDERATION OF REPORTS RELATING TO PUBLIC FORUM MATTERS 11 CONSIDERATION OF REPORTS RELATING TO A CONSENSUS MOTION 12 MAYOR’S REPORTS 13 STAFF REPORTS 14 RESCISSION MOTIONS 15 NOTICES OF MOTION 16 DELEGATES REPORT 17 COMMITTEE REPORTS 18 DELIVERY PROGRAM PERFORMANCE INDICATORS 19 COUNCILLOR QUESTIONS 20 CONFIDENTIAL ITEMS 21 CONCLUSION

INDEX Kempsey Shire Council – Ordinary Meeting 17 December 2013

INDEX 1 OPENING PRAYER ................................................................................................................. 4

2 ACKNOWLEDGEMENT OF COUNTRY ...................................................................................... 4

3 APOLOGIES ........................................................................................................................... 4

4 DECLARATIONS OF INTEREST ................................................................................................. 4

5 ASSESSMENT OF ITEMS LISTED FOR CONFIDENTIAL CONSIDERATION ..................................... 4

6 CONFIRMATION OF MINUTES ................................................................................................ 4

Ordinary meeting of Kempsey Shire Council dated 19 November 2013 ............................................... 4

Works Committee Inspection meeting of Kempsey Shire Council dated 27 November 2013 . ............. 4

7 CITIZENSHIP CEREMONIES ..................................................................................................... 4

8 PUBLIC FORUM / PRESENTATIONS ........................................................................................ 5

Public Forum ........................................................................................................................................... 5

Presentations .......................................................................................................................................... 5

9 CONSIDERATION OF MOTIONS FOR SUPPLEMENTARY REPORTS AND MOTIONS FOR CHANGES TO THE ORDER OF BUSINESS ................................................................................................. 5

10 CONSIDERATION OF REPORTS RELATING TO PUBLIC FORUM MATTERS .................................. 5

11 CONSIDERATION OF REPORTS RELATING TO A CONSENSUS MOTION ..................................... 5

12 MAYOR’S REPORTS ............................................................................................................... 6

ITEM 1 MAYOR AND COUNCILLOR ACTIVITIES ............................................................................... 6

13 STAFF REPORTS..................................................................................................................... 8

ITEM 2 DEMOLISH EXISTING DWELLING AND SHED AND CONSTRUCT NEW CHILD CARE CENTRE . ............................................................................................................................................ 8

ITEM 4 PROPOSED NAMING OF THE BRIDGE ON HAT HEAD ROAD ACROSS KOROGORO CREEK AT HAT HEAD .................................................................................................................... 32

ITEM 5 TENDER FOR THE CONSTRUCTION OF 300MM AND 375MM DIAMETER DUCTILE IRON AT SOUTH KEMPSEY ............................................................................................................... *

ITEM 6 2013 ASSET MANAGEMENT PLANS .................................................................................. 35

ITEM 7 SALE OF SURPLUS COUNCIL LAND .................................................................................... 37

ITEM 8 EXTENSION OF THE FOOTPATH NETWORK WITHIN HORSESHOE BAY RESERVE .............. 39

ITEM 9 DRINKING WATER MANAGEMENT SYSTEM FOR THE KEMPSEY AND LOWER MACLEAY SUPPLY .............................................................................................................................. 41

ITEM 10 COMPANION ANIMALS ACT .............................................................................................. 43

ITEM 11 LEASE OF COUNCIL LAND – SEA STREET, WEST KEMPSEY ................................................ 46

ITEM 12 SUBMISSION TO DEPARTMENT OF PLANNING AND INFRASTRUCTURE (DOPI) ON PRELIMINARY POPULATION PROJECTIONS FOR NSW ...................................................... 48

ITEM 13 WASTE LESS RECYCLE MORE PROGRAMS ......................................................................... 50

ITEM 14 TENDER FOR MULCHING OF GREENWASTE AND WOODWASTE ...................................... 54

ITEM 15 SINGLE SOURCE TENDER FOR SUPPLY AND DELIVERY OF BULK CATIONIC RAPID SETTING BITUMEN EMULSION ........................................................................................................ 56


ITEM 16 PANEL SOURCE TENDER FOR THE SUPPLY AND DELIVERY OF EARTHMOVER, TRUCK AND PASSENGER TYRES INCLUDING ROADSIDE ASSISTANCE SERVICES .................................. 58

ITEM 17 STATEMENT OF CASH AND INVESTMENTS ....................................................................... 60

ITEM 18 DEVELOPMENT APPROVALS AND CONSTRUCTION CERTIFICATES ................................... 61

14 RESCISSION MOTIONS ......................................................................................................... 69

15 NOTICES OF MOTION .......................................................................................................... 70

ITEM 19 NOM1 - SMITH STREET BUS STOP ..................................................................................... 70

ITEM 20 NOM2 - TREE TRIMMING UNDER POWERLINES ............................................................... 72

ITEM 21 NOM3 - TROPICAL SODA APPLE ........................................................................................ 73

16 DELEGATE REPORTS ............................................................................................................ 74

17 COMMITTEE REPORTS ......................................................................................................... 75

18 DELIVERY PROGRAM PERFORMANCE INDICATORS .............................................................. 76

ITEM 22 KEY PERFORMANCE INDICATORS ...................................................................................... 76

ITEM 23 PREVIOUS RESOLUTIONS UPDATE .................................................................................... 79

19 COUNCILLOR QUESTIONS .................................................................................................... 80

20 CONFIDENTIAL ITEMS ......................................................................................................... 85

MOTION FOR CONFIDENTIAL SESSION ................................................................................................. 85

ITEM 24 DEVELOPMENT WITHOUT CONSENT ................................................................................ 86



ITEM 27 VARIOUS LEGAL MATTERS ................................................................................................ 98

ITEM 28 GENERAL MANAGER’S CONTRACT RENEWAL ................................................................... 99

21 CONCLUSION .................................................................................................................... 100

CRESCENT HEAD CARAVAN PARK AND RECREATION RESERVE (R63725) TRUST .......................... 101

SOUTH WEST ROCKS PRESERVATION OF HISTORICAL SITES AND BUILDINGS (R95076) RESERVE TRUST ...................................................................................................................................... 102


1 OPENING PRAYER "Dear Lord, help us in our deliberations today so that our decisions will be for the greater good for the whole of Kempsey Shire - Amen".

2 ACKNOWLEDGEMENT OF COUNTRY "Council acknowledges that this meeting is being held on the traditional lands of the Dunghutti People".

3 APOLOGIES That the apology submitted by Councillors for non-attendance at the meeting be accepted and leave of absence granted.

4 DECLARATIONS OF INTEREST That Councillors’ declared interests be noted.

5 ASSESSMENT OF ITEMS LISTED FOR CONFIDENTIAL CONSIDERATION That the confidential reports be considered in the confidential section of the meeting.

6 CONFIRMATION OF MINUTES (2013.11.19 Minutes).pdf RECOMMENDATION That the minutes of the ordinary meeting of Kempsey Shire Council dated 19 November 2013 be confirmed. (2013.11.27 Minutes).pdf RECOMMENDATION That the minutes of the Works Committee Inspection meeting of Kempsey Shire Council dated 27 November 2013 be confirmed.

7 CITIZENSHIP CEREMONIES

http://www.kempsey.nsw.gov.au/council/meetings/2013/2013-11-19/index.html

http://www.kempsey.nsw.gov.au/council/meetings/2013/2013-11-27-works/index.html


8 PUBLIC FORUM / PRESENTATIONS Public Forum Presentations At 10.20am Miss Gemma Clarke from Youth Advisory Council will speak to Council regarding her experience at the 2013 Youth Conference in Dubbo and her first meeting as part of the Young People's Advisory Committee in Sydney last month.

9 CONSIDERATION OF MOTIONS FOR SUPPLEMENTARY REPORTS AND MOTIONS FOR

CHANGES TO THE ORDER OF BUSINESS That the Agenda Order of Business be adopted.

10 CONSIDERATION OF REPORTS RELATING TO PUBLIC FORUM MATTERS That the reports relating to the items dealt with in Public Forum be brought forward and dealt with immediately.

11 CONSIDERATION OF REPORTS RELATING TO A CONSENSUS MOTION The following items will be enacted by one motion unless a Councillor or citizen of Kempsey Shire requests the item be considered separately.

ITEM 1 MAYOR AND COUNCILLOR ACTIVITIES ITEM 9 DRINKING WATER MANAGEMENT SYSTEM FOR THE KEMPSEY AND LOWER MACLEAY

SUPPLY ITEM 10 CHANGES TO THE COMPANION ANIMALS ACT ITEM 11 LEASE OF COUNCIL LAND – SEA STREET, WEST KEMPSEY ITEM 12 SUBMISSION TO DEPARTMENT OF PLANNING AND INFRASTRUCTURE (DOPI) ON

PRELIMINARY POPULATION PROJECTIONS FOR NSW ITEM 13 WASTE LESS RECYCLE MORE PROGRAMS ITEM 14 TENDER FOR MULCHING OF GREENWASTE AND WOOD WASTE ITEM 15 SINGLE SOURCE TENDER FOR SUPPLY AND DELIVERY OF BULK CATIONIC RAPID SETTING

BITUMEN EMULSION ITEM 16 PANEL SOURCE TENDER FOR THE SUPPLY AND DELIVERY OF EARTHMOVER, TRUCK AND

PASSENGER TYRES INCLUDING ROADSIDE ASSISTANCE SERVICES ITEM 17 STATEMENT OF CASH AND INVESTMENTS ITEM 18 DEVELOPMENT APPROVALS AND CONSTRUCTION CERTIFICATES ITEM 22 KEY PERFORMANCE INDICATORS ITEM 23 PREVIOUS RESOLUTIONS UPDATE RECOMMENDATION That the recommendations contained in the current agenda as listed be adopted.

STAFF REPORTS Kempsey Shire Council – Ordinary Meeting 17 December 2013

12 MAYOR’S REPORTS

ITEM 1 MAYOR AND COUNCILLOR ACTIVITIES

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

Reporting Officer: Mayor Liz Campbell

Effect of Recommendation on Budget: Nil

File: F12/253-02

REPORT SUMMARY Reporting on the activities of the Mayor and Councillors for the month of November 2013. RECOMMENDATION That the information be noted. COMMENTARY Mayor

Date Event 4 November 2013 Police Aboriginal Consultative Committee (PACC) at the Masonic Hall, Kempsey 8 Kempsey Cup 18 Councillors’ Information Session 19 Ordinary Council meeting 20 Horseshoe Bay site visit 22 Mid North Coast Region of Councils (MIDROC) Annual General Meeting and

Board Meeting 23 Gladstone Pool 50th Birthday Party 27 Works Committee Inspection – Hat Head 29 Councillors Training Day at Civic Centre Councillors

Date Event Councillor 9 November 2013 High School Certificate (HSC) Art Exhibition at Gladstone

Gallery Green

10 Community BBQ at West Kempsey Morris, Patterson 11 Remembrance Day Commemoration Service at East

Kempsey Memorial Green

12 Kempsey High School Year 12 Formal Farewell at Returned Services League (RSL) Club

Williams

17 312 Squadron Macleay Valley Australian Air Force Cadets 2013 End of Year Review Parade and Annual Award Ceremony

Green, Morris

18 Coastal Zone Management Plan Risk Assessment Workshop

Green, Morris, Shields

18 Councillors’ Information Session All Councillors 19 Ordinary Council meeting All Councillors 20 Focus 10 interviews at Melville High School Kesby, Saul

MAYOR’S REPORTS Kempsey Shire Council – Ordinary Meeting 17 December 2013

Councillors Date Event Councillor

27 Mid North Coast Weeds Coordinating Committee meeting at Forster Surf Life Saving Club (SLSC)

Saul

27 Works Committee Inspection – Hat Head All Councillors 28 Flood Management Authority (FMA) Quarterly meeting

– Sydney Morris

29 Councillors Training Day at Civic Centre Green, Kesby, McGinn, Morris, Patterson, Saul, Shields


13 STAFF REPORTS ITEM 2 DEMOLISH EXISTING DWELLING AND SHED AND CONSTRUCT NEW CHILD CARE

CENTRE

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

Reporting Officer: Director Sustainable


File: T6-13-264

REPORT SUMMARY Reporting that Council has received a Development Application for the demolition of a dwelling and construction of a seventy-six (76) place child care centre at West Kempsey which requires a variation to Council’s Parking Code, and for which objections have been received. Owner: Odonbro Pty Ltd Subject Land: Lots 1, 2 & 3 DP334317 & Lots 81, 82 DP1100148, 28-34 Tozer

Street, West Kempsey Zone: 2(a)(Residential “A” Zone) The proposal is for the demolition of an existing dwelling and construction of a seventy-six (76) place child care centre, with associated outdoor play areas and carparking. The proposed child care centre is single storey, and set back approximately 4.2 metres from the front boundary, 3m from the rear boundary with extensive setbacks to the side boundaries to accommodate the carparking and children’s play areas. The proposal requires a variation to Council’s Parking Code which requires nineteen (19) onsite parking spaces with only thirteen (13 provided onsite. It is considered appropriate for the applicant to remove three (3) redundant driveway crossovers fronting the development, which would permit

room for six (6) additional on-street carparking spaces, to make up for the onsite shortfall (Appendix

A - Page 1). RECOMMENDATION A That consent be granted subject to the following conditions:

PARAMETERS OF THIS CONSENT 1 The development is to be implemented in accordance with the plans and supporting

documents set out in the following table except where modified by any conditions of this consent.

Plan No./ Supporting Document Version Prepared by Dated

PROPOSED PLAN(project number 13018, drawing number DA02)

revision 3

DRA Architects

09.08.13





ELEVATIONS AND INTERNAL SD VIEW (project number 13018, drawing number DA04)

revision 3 DRA Architects 09.08.13

LANDSCAPE PLAN AND SECTIONS (project number 13018, drawing number DA05)

revision 5

DRA Architects

30.10.13

In the event of any inconsistency between conditions of this development consent and the

plans/supporting documents referred to above, the conditions of this development consent prevail.

The approved plans and supporting documents endorsed with the Council stamp and

authorised signature must be kept on site at all times while work is being undertaken. 2 This consent does not permit commencement of any site 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 All building work must be carried out in accordance with the requirements of the Building

Code of Australia as in force on the date the application for the relevant construction certificate or complying development certificate was made.

In the case of residential building work for which the Home Building Act 1989 requires

there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

This condition does not apply: a) to the extent to which an exemption is in force under clause 187 or 188, subject to

the terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or b) to the erection of a temporary building.

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO THE ISSUE OF ANY CONSTRUCTION CERTIFICATE FOR THE SITE

4 Prior to the issue of any Construction Certificate engineer’s details for all proposed works,

including structural, foundation, cut and fill, retaining walls, driveway and car parking area pavement, etc., shall be provided to the Principal Certifying Authority for approval. All engineer’s details must be prepared by an appropriately qualified, experienced and practicing Engineer in accordance with Council’s Development Control Plan No. 36, the current Building Code of Australia. All engineer’s details must be approved as part of any Construction Certificate.

5 Provide structural details and a Structural Certificate for suspended ceiling construction.

Design by a qualified practising structural engineer and in accordance with Clause A2.2 (a)(iii) of the current Building Code of Australia for suspended ceiling (applicable to class 2-


9 building). The structural details and structural certificate shall be approved as part of the Construction Certificate.

6 A Fire Safety Schedule shall be issued by an appropriately qualified person and provided to

Council as part of the Construction Certificate in accordance with Clause 168 of the Environmental Planning and Assessment Regulation 2000. This schedule shall specify current and proposed fire safety measures and nominate standard of performance. The Fire Safety Schedule shall identify each Fire Safety measure that is/are Critical Fire Safety Measures and the intervals at which supplementary fire safety statements shall be given to the Council in respect to each such measure. The Fire Safety Schedule must be approved as part of the Construction Certificate.

7 Details of any exhaust, mechanical ventilation and/or air conditioning system complying

with AS1668.1-1998 and AS1668.2-1991, the Building Code of Australia and relevant Australian Standards must be prepared by a suitably qualified person certified and certified in accordance with Clause A2.2 (a) (iii) of the Building Code of Australia. The mechanical ventilation and or air conditioning system must be approved as part of the Construction Certificate.

8 A Part J Report shall be issued by an appropriately qualified person addressing the

appropriate provisions of Part J including Part J5 & J6 for the Class 9b building. The Part J Report must be approved as part of the Construction Certificate.

9 Provide two specifications for the Class 9b buildings detailing the appropriate clauses of

the current Building Code of Australia and relevant Australian Standards. The specification must be approved as part of the Construction Certificate.

10 Provide an Access Appraisal Report for the Class 9b child care from an appropriately

qualified person. The appraisal report must be approved as part of the Construction Certificate.

11 The application for a Construction Certificate is to include plans and specifications that

indicate access and facilities for persons with access disabilities. These are to be shown from the boundary, accessible car park bay, accessible pathways, main entry and internal accessways in accordance with AS 1428.1 - 2009 AS1428.2- 1992 AS1428.4 -1992 AS/NZS 1428.4.1 – 2009 & AS2890.6-2009 and Part D3 of the Building Code of Australia 2013. The number of people to occupy the building must be nominated. The ambulant and unisex facilities are to be detail to a scale of 1:50. Such plans and specifications must be approved as part of the Construction Certificate.

12 The applicants’ consultants, with the appropriate engineering qualifications, are to provide

BCA certified plans and specifications. The plans and specifications must be submitted as part of the Construction Certificate for the following:

a) Mechanical b) Electrical c) Hydraulic d) Civil & Structural 13 Prior to the issue of any Construction Certificate an approval under Section 138 of the

Roads Act 1993 shall be obtained from Council for works within the road reserve. Three (3)


copies of engineering construction plans shall accompany the application for consent for works within the road reserve. Such plans shall be in accordance with Council's Adopted Engineering Standard, and shall include:

a) The removal of the three (3) driveway crossovers fronting the development site,

and replacement with kerb and gutter to Council’s standards; and b) The line marking of the area fronting the development site to maximise carparking

spaces, in a pattern consistent with the existing car parking, and in accordance with Council’s standards.

14 Prior to the issue of any Construction Certificate a Stormwater Management Plan for the

provision of a stormwater drainage system to convey all existing and proposed stormwater flows through this development shall be submitted to Principal Certifying Authority for approval. This Stormwater Management Plan shall be prepared by an appropriately experienced, qualified and practicing Civil Engineer in accordance with Council's Adopted Engineering Standard, the most recent version of Australian Rainfall and Runoff (1987), and AS/NZS 3500.3:2003 - Plumbing and drainage, Part 3: Stormwater drainage. The stormwater drainage system shall be designed for 1 in 10 year storm event. All piped drainage lines over adjoining land are to be located within drainage easements. This Stormwater Management Plan shall be approved by the Principal Certifying Authority as part of any Construction Certificate.

15 Prior to the issue of any Construction Certificate a Sediment and Erosion Control Plan shall

be submitted to the Principal Certifying Authority (PCA) for approval. The Sediment and Erosion Control Plan shall be prepared in accordance with the Landcom publication "Managing Urban Stormwater - Soils and Construction". The Sediment and Erosion Control Plan shall be prepared by an appropriately experienced, qualified and practicing professional. This Sediment and Erosion Control Plan shall be approved as part of any Construction Certificate.

16 Prior to the issue of any Construction Certificate a kitchen floor plan shall be provided to

the Principal Certifying Authority for the commercial kitchen (scale 1:50) demonstrating compliance with AS 4674 Design, Construction and Fit-out of Food Premise. This kitchen floor plan shall be approved as part of any Construction Certificate.

17 Prior to the issue of any Construction Certificate an approval under Section 68 of the Local

Government Act 1993 to carry out water supply work and sewerage work must be obtained from Council. Any Section 68 approval/s shall be included as part of any Construction Certificate.

18 Prior to the issue of any Construction Certificate the contributions set out in the following

Schedule shall be paid to Council. The particulars of the contributions levied pursuant to Section 94 of the Act are set out in the following table:

The specific public amenity or service in respect of which the

condition is imposed.

The contributions plan under which the condition is imposed

Date of contributions

plan

Public Domain Kempsey Town Centre Public Domain Section 94 Development

August 2010


The specific public amenity or service in respect of which the

condition is imposed.

The contributions plan under which the condition is imposed

Date of contributions

plan

Contribution Plan

Section 94 – Project Administration

Project Administration 10 August 2007

The above plans may be viewed during office hours at the Council Customer First Centre

located at 22 Tozer Street West Kempsey. The following contributions are current at the date of this consent. The contributions

payable shall be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment. The contribution rates for specific dates are available from Council offices during office hours. Payments shall only be accepted by cash or bank cheque.

Schedule of Contributions pursuant to Section 94 of the Environmental Planning and

Assessment Act 1979:

Public amenity or service

Unit type

No. of Units

Contribution Rate (Amount

per Unit)

Contribution Levied

Date until which

Contribution rate is

applicable

Public Domain EP 33.56 $424.00 $14,229.40 30 June 2014

Sub total $14,229.40

Section 94 – Project Administration

6% of total Section 94 charge applicable

$853.75 30 June 2014

TOTAL $15,083.15

19 Prior to the issue of any Construction Certificate a Long Service Levy shall be paid to the

Long Service Payments Corporation. The amount payable is currently based on 0.35% of the cost of the work. This is a State Government Levy and is subject to change without notice. The requirements of the State Government supersede this condition.

This payment may be made at Council’s Customer Service Centre. Cheques shall be made

payable to Kempsey Shire Council. 20 Prior to the issue of any Construction Certificate a Certificate of Compliance pursuant of

Section 305 of the Water Management Act 2000 shall be obtained from Council and provided to the Principal Certifying Authority (PCA).

Please refer to the Advice section of consent for additional information on water and

sewer works and contributions.

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO ANY BUILDING OR CONSTRUCTION WORKS COMMENCING


21 Council shall be notified of the commencement of works not less than two (2) days prior to any works commencing. The two (2) day notification to Council shall be in writing and specify the date of commencement.

22 Prior to any building, construction or demolition works commencing evidence shall be

provided to the Principal Certifying Authority (PCA) of public liability insurance cover for a minimum of $20 million.

23 Prior to the commencement of any works a sign or signs shall be erected in a prominent

position at the frontage to the site: a) Showing the name, address and telephone number of the Principal Certifying

Authority (PCA) for the work; b) Showing the name of the principal contractor (if any) for any building work and a

telephone number on which that person may be contacted outside working hours; and

c) Stating that unauthorised entry to the work site is prohibited. The sign/s shall be maintained while work is being carried out, and shall be removed when

the work has been completed. No sign is to have an area in excess of one (1) m2. 24 All controls shall be in place in accordance with the approved Erosion and Sediment

Control Plan. 25 Prior to the commencement of any works toilet facilities shall be provided or made

available at or in the vicinity of the work site at a rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided shall be a flushing toilet connected to Council’s sewer infrastructure, or to an approved temporary chemical water closet.

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING CONSTRUCTION

26 The public liability insurance cover required by this consent shall be maintained for the

duration of the period of all works and during any maintenance period. 27 Construction works must not unreasonably interfere with the amenity of the

neighbourhood. In particular construction noise, when audible on adjoining residential premises, can only occur:

a) Monday to Friday, from 7:00 am to 6:00 pm. b) Saturday, from 8:00 am to 1:00 pm. No construction work is to take place on Sundays or Public Holidays. 28 Construction noise is to be limited as follows:


a) For construction periods of four (4) weeks and under, the L10 noise level measured over a period of not less than fifteen (15) minutes when the construction site is in operation shall not exceed the background level by more than 20 dB(A); or

b) For construction periods greater than four (4) weeks and not exceeding twenty-six

(26) weeks, the L10 noise level measured over a period of not less than fifteen (15) minutes when the construction site is in operation shall not exceed the background level by more than 10 dB(A).

29 All builders rubbish is to be contained on the site in a ‘Builders Skips’ or an enclosure.

Building materials are to be delivered directly onto the property. Footpaths, road reserves and public reserves are to be maintained clear of rubbish, building materials and all other items.

30 All erosion and sediment controls shall be maintained at all times in accordance with the

approved Erosion and Sediment Control Plan.

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO ANY OCCUPATION/USE OF ANY PART OF THE DEVELOPMENT

31 Prior to the occupation/use of any part of the development and/or the issue of any

Occupation Certificate, sewer and water supply shall be connected to the premises in accordance with the approvals granted under Section 68 of the Local Government Act 1993.


Occupation Certificate, written evidence from Council shall be provided to the Principal Certifying Authority demonstrating that Council is satisfied that all infrastructure is maintained/repaired to pre-development conditions and that no further work is to be carried out that may result in damage to Council’s roads, footpaths, services, etc. Council shall not issue such written evidence until such time as evidence has been provided to Council indicating the pre-development condition of the surrounding public land and infrastructure. Such evidence must include photographs. The proponent will be held responsible for the repair of any damage to roads, kerb and gutters, footpaths, driveway crossovers and/or other assets caused as a result of construction works under this consent.


Occupation Certificate, all of the works shown on the plans and granted by this consent, including any other approvals that are necessary for the completion of this development, and any rectification works to damaged Council land or infrastructure, shall be completed in full in accordance with this consent and all associated approvals and documentation, and approved by the Principal Certifying Authority and any other relevant consent authority/s.

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH AT ALL TIMES

34 Not more than seventy-six (76) children area permitted to be in care at the facility at any

time. 35 The permitted hours of operation of the business are restricted to the times set out in the

following table, with no business permitted to be conducted onsite outside these times:-


Period Start Time Finish Time

Monday to Friday 6.30am 6.30pm

Saturday 9.00am 5.00pm

No trade on Saturdays, Sundays and/or Public Holidays 36 All car parking areas and bays shown on the approved plans shall be maintained and

reserved for car parking in perpetuity. 37 All landscaping areas shown on the approved plans shall be maintained in a neat and tidy

manner in perpetuity. 38 All gates leading to and from the outdoor play area shall require a key to access, and shall

be self-locking. ADVICE

B A Certificate of Compliance pursuant to Section 305 of the Water Management Act 2000

shall be issued by Council when all contributions are paid in full and all infrastructure necessary to service the development has been completed in full to the satisfaction of Council.

Works must be undertaken, with the consent of Council, to relocate/protect the existing

sewer main traversing the property to the satisfaction of Council. If the sewer main is relocated, any appropriate easements must be created, at full cost to the developer.

Contributions set out in the following table are to be paid to Council prior to the issue of

any Certificate of Compliance. Contributions are levied in accordance with Council’s Kempsey Shire Council Macleay Water DSP for Water dated July 2006. The Plans may be viewed during office hours at Council’s Offices.

The contributions payable will be adjusted in accordance with relevant plan and the

amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment. Payments will only be accepted by cash or bank cheque.

The Certificate of Compliance under Section 306 of the Water Management Act 2000,

identifying payment of the contributions, is to be provided to the Principal Certifying Authority prior to the issue of any Construction Certificate.

Public service

No. of Equivalent Tenements

Contribution Rate

(Amount per ET)

Contribution Levied

Date until which Contribution rate

is applicable

Office Use Only

Receipting Codes

Water 0.56 $9,043.00 $5,064.05 30 June 2014 AW

Sewer 3.60 $7,629.00 $27,464.40 30 June 2014 AS

TOTAL $32,528.45 B That the objectors be advised of Council’s decision.


COMMENTARY Heads of Consideration The matter has been assessed in accordance with the Heads of Consideration as identified by Section 79C (1) of the Environmental Planning and Assessment Act 1979 (EP&A Act), with the following matters of particular relevance. Kempsey Local Environmental Plan 1987 The subject land is within the 2(a) Residential Zone under KLEP 1987. The proposal is defined as a “child care centre”, which is permissible in the zone. The proposal is consistent with zone objective as it is not likely to conflict with the low-density residential development in the area. Draft Kempsey Local Environmental Plan 2012 The Draft KLEP 2012 must be considered as part of the assessment. The proposal would also be permissible in the R1 Zone under the Draft KLEP 2012 and is consistent with the zone objectives. Car Parking Under Council’s Parking Code, child care centres requires a carparking rate of 1 space per 4 children, meaning nineteen (19) spaces are required for the seventy-six (76) proposed children. Thirteen (13) spaces can be provided onsite, and the applicant seeks a variation to waive the need for the additional six (6) onsite spaces. There are nine (9) on-street carparking spaces directly in front of the facility, however these are shared with neighbouring uses in Tozer Street. In addition, there are three (3) driveway crossovers from the dwellings that have been/will be demolished, that will no longer be required once the proposal is complete. These driveway crossovers should be removed and the kerb replaced by the applicant, which would permit room for six (6) additional on-street carparking spaces. Traffic Tozer Street has a wide carriageway, with good lines of sight in both directions from the proposed driveway access. The Tozer Street intersections with Marsh Street and Elbow Street are well formed and appropriate for the traffic load, the proposal will not generate sufficient additional traffic to necessitate upgrade of these intersections. Crime Prevention Through Environmental Design (CPTED) The orientation of the building entry towards the car park, and the design of the front building entry and reception desk directly facing out to the car park and pedestrian entry path, provides for a high level of surveillance of person entering the premises. The main playrooms have extensive openings and glass enabling teachers/caregivers to survey the playground area. The palisade fencing gates are lockable, and all access to and from the playground is thus directed through the centre to control access. Territorial reinforcement is also achieved in this manner, and enhanced by the clear transition between the public footpath and the pedestrian entry into the


centre, indicated by the threshold, informal guardians (front desk staff), and changes in landscape and pavement treatments. Services Water supply, sewer and stormwater drainage are available to the site. A Council sewer main runs through the properties and the proposal footprint, and will need to be moved by the applicant. The applicant has requested that these works be considered Works in Kind (WIK) to offset required contributions. This should not be accepted by Council for the following reasons:

A Works in Kind means “the construction or provision of the whole or part a public facility that is specifically included within a contributions plan”. WIK will only apply where the works are identified in the Developer Servicing Plan (DSP) used in order to offset the level of the contribution required. Reticulation works are not catered for in the current DSP.

A Material Public Benefit means “the provision of public amenities or services that are not scheduled within a contributions plan in lieu of the part or full payment of either a monetary contribution or the dedication of land that is required as a condition of development consent.” In this instance the upgrading and or replacement of the existing sewer main traversing this development is not planned or required by Council outside the current DSP. As the works on the sewer main have are not warranted for any reason other than to permit the development to proceed, it is not a material public benefit.

In conclusion, all costs associated with any proposed changes to the existing sewer reticulation main are the responsibility of the developer. Public Exhibition The development application was advertised and publicly notified to adjoining land owners from 3 September 2013 to 16 September 2013, and again from 24 September 2013 to 7 October 2013, with

three (3) submissions received. (Appendix B - Page 5)

Objection Planning Comment

1 Kempsey does not need another child care centre, economic competition.

1

Economic competition is not a planning concern or grounds for refusal.

2 The proposal would be better off as an OOSH centre.

2

Council is required to assess the application as made.

3 Child care centre is too close to the hotel. 3 The proximity of these facilities is not seen as having any negative impacts.

4 At 9am and 3pm the facility will create a traffic bottleneck.

4 See “Traffic”.

5 The applicant should be made to upgrade the intersections and the footpath.

5 See “Traffic”.

6 The facility will result in extra street rubbish.

6 Any additional street rubbish accumulation from the extra pedestrian activity that the



Objection Planning Comment facility will generate is not likely to be significant.

7 Parking outside the facility will impact on the public domain.

7 On-street parking is existing in the area and is not seen to be unsightly.

8 Issues with Council’s previous works in Tozer Street, removing trees, stormwater, cracks in pavement and footpath not repaired, etc.

8 These matters are Council issues and should not impact on the assessment of this proposal. This proposal will not exacerbate any such issues.


ITEM 3 ADDITIONAL USE OF CONVENTION GROUNDS


Reporting Officer: Director Sustainable Environment


File: T6-12-328

REPORT SUMMARY Reporting that Council has received a development application for additional use of convention grounds for a one-off special event in 2015 for which objections have been received. Applicant: Seventh Day Adventist Church (NNSU LTD) Subject Property: Lot 2 DP 598595

250 GRASSY HEAD ROAD, STUARTS POINT Zone: 1 (a3) (Rural “A3” Agricultural Protection Zone) RECOMMENDATION A That development application T6-12-328 be approved subject to the following conditions:

PARAMETERS OF THIS CONSENT 1 This consent permits the use of the campground to conduct one (1) only event for a period

of not more than one seven (7) day period. A separateapplication will be required to conduct any additional event.

2 The development is to be implemented in accordance with the plans and supporting

documents set out in the following table except where modified by any conditions of this consent.


Site Plan ‘The Twelfth Gate Camporee’ Plan D2

Applicant No Date

In the event of any inconsistency between conditions of this development consent and the

plans/supporting documents referred to above, the conditions of this development consent prevail.

The approved plans and supporting documents endorsed with the Council stamp and

authorised signature must be kept on site at all times while work is being undertaken. 3 The event approved under the terms of this consent is limited to a single event, being not

more than seven (7) days only. All buildings (temporary or otherwise) and/or works associated with the development are

to be removed from the land immediately upon the expiration of this period, up to a maximum of seven (7) days after the event. The event operator must return the site to its


pre-development state and suitably re-vegetate and regrade the land where necessary. 4 Facilities are to be provided in accordance with the requirements specified in the following

table:

Facility Requirements

Temporary structures All temporary structures must be securely fixed and held

down.

Garbage and recycling containers

Garbage and recycling containers must be placed in convenient locations around the site. The operator is responsible for collection and disposal of waste from site during and after the event.

Access Disabled access to within and from the event must be in

accordance with AS1428.1.

Toilets Additional toilet facilities are to be provided to account for

additional demand for the duration of the event. Note. See the advice section for more information.

Showers Additional shower facilities are to be provided to account

for additional demand for the duration of the event. Note. See the advice section for more information.

Water Supply A separate standing water supply is to be provided for the

duration of the event. Separate tanks are to be installed providing for at least 51,000 litres of potable water per day. Note. See condition 10 for more details about the installation and operation of the water supply.

All facilities must be dismantled, removed etc. Within seven (7) days of the event

concluding. Note. Specific requirements for the installation and operation of the above mentioned

facilities may be specified in other conditions of this consent. 5 Any food service provider catering for the event shall be required to hold a food safety

supervisor licence.

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO THE COMMENCEMENT OF THE EVENT

6 Council shall be notified in writing of the proposed date of the event not less than three (3)

months prior to the event occurring. The event shall not proceed unless Council has provided its written agreement that all relevant conditions of this consent will be met and that the nominated date is acceptable.

7 Prior to the commencement of the event, the applicant is to provide a detailed Plan of

Management (in a single document) to Council not less than three (3) months prior to the nominated date of the event incorporating the means of complying with all conditions of consent including the following:


a) An Event Management Plan detailing the installation, operation and decommissioning of the event, providing for the following:

i) Proof of receipt of all relevant licenses and approvals from other agencies and

organisation where required; and ii) Details of the means of ensuring that the maximum number of attendees is

limited to not more than six thousand five hundred (6,500) people. iii) Details of food preparation, storage, transport and handling for the duration of

the event; iv) Details of any temporary structures to be erected; v) Measures for managing vehicular access to the site, including plans and

procedures for managing the arrival of large numbers of buses used for the drop-off and pickup of event attendees;

AND

b) An Emergency Management Plan detailing emergency measures (including

preventative and response) for not less than the following emergency situations: i) Bush fire evacuation procedures in accordance with Planning for Bushfire

Protection 2006, and any other requirements of RFS included in this consent (see condition 22);

8 Prior to the commencement to the event, effluent in the sewerage treatment ponds must

be lowered to a depth of approximately 300mm by irrigation. Note. The proponent is to ensure that the existing sewerage disposal system is operated

at all times in accordance with the conditions of all relevant Environmental Protection Licences and/or permits. See the advice section of this consent for more information.

9 Prior to the commencement of the event, the applicant is to install water storage tanks

capable of providing no less than 51,000 litres of potable water per day. This water supply is to be split between three (3) toilet/shower blocks within the grounds, by means separate storage tanks. These storage tanks are to be filled daily from Council’s reticulate water supply between the hours of 10.00 pm and 2.00 am. The tanks are to be fitted with back flow prevention devices so as to ensure that water cannot enter back into Council’s reticulated system.

10 Any food service provider for the event shall notify the NSW Food Authority of the event

on-line.

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING THE EVENT 11 All temporary structures shall be erected at ground level, with the exception of a stage or

platform. In the case of the erection and use of a stage or platform, a notice indicating the actual distributed and concentrated load for which the stage or platform has been designed must be conspicuously displayed on the stage or platform.


12 During the event, the water storage tanks required by condition 10 of this consent are to

be filled daily from Council’s reticulated water supply between the hours of 10.00 pm and 2.00 am. Water is not to be drawn from the reticulated supply for these tanks outside the approved hours.

13 No amplified sound systems or public address systems are to be used between the hours

of 11.00 pm and 7.30 am daily. 14 The proponent shall be responsible for the repair of any damage to Council infrastructure,

roads, kerb and gutters, footpaths, driveway crossovers or other community assets caused as a result of the event.

Rural Fire Service – General Terms of Approval 15 General Terms of Approval have been issued by the NSW Rural Fire Service subject to the

following conditions: a) The development proposal is to comply with the site layout identified on the

drawings supplied via Kempsey Shire Council’s referral to the Rural fire Service on 29 August 2013, including the site layout indicated by Appendix 1 of the Bushfire Hazard Assessment prepared by Midcoast Building and Environmental, dated August 2013.

Asset protection zones The intent of measures is to provide space for fire fighters and other emergency services

personnel, ensuring radiant heat levels permit operations under critical conditions of radiant heat, smoke and embers, while supporting or evacuating occupants. To achieve this, the following conditions shall apply:

b) Prior to the commencement of the convention in January 2015, the area

surrounding the existing permanent structures in the north-west of the site (office accommodation / caretakers dwelling and motel style accommodation), to a distance of 21m or to the property boundary (whichever is the lesser), shall be managed as an Inner Protection Area (as outlined within section 4.1.3 and Appendix 5 of Planning for Bushfire Protection 2006 and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’.

c) Prior to the commencement of the convention in January 2015, the area the

existing convention centre located in the centre of the site, to a distance of 60m or to the property boundary (whichever is the lesser), shall be managed as an Asset Protection Zone (as outlined within section 4.1.3 and Appendix 5 of Planning for Bushfire Protection 2006 and the NSW Rural Fire Services document ‘Standards for asset protection zones’. Note: in forested areas a portion of the APZ may be maintained as an outer protection zone as specified in Table A2.7 of Planning for Bushfire Protection 2006.

d) Prior to commencement of the convention in January 2015, a minimum of 20m

defendable space meeting the requirements of an Inner Protection Area as outlined within section 4.1.3 and Appendix 5 of Planning for Bushfire protection


2006, and the NSW Rural Fire Services document ‘Standards for asset protection zones’ is to be provided between all short term accommodation and the hazards.

Water and utilities e) Two (2) 10,000L water tanks are to be provided on-site. One tank is to be located in

the northern camping area and the other positioned near the outdoor concert area as indicated by Appendix 2 of the Bushfire Hazard Assessment prepared by Midcoast Building and Environmental, dated August 2013. The tanks shall meet the following requirements:

A suitable connection for fire fighting purposes is made available and

located within the IPA and away from the structure. A 65mm Storz outlet with a gate or ball valve is provided.

Gate or Ball valve and pipes are adequate for water flow and are metal

rather than plastic. Underground tanks have an access hole of 200mm to allow tankers to refill

directly from the tank and a hardened ground surface for truck access is supplied within 4 metres of the access hole.

Above ground tanks are manufactures of concrete or metal and raised

tanks have their stands protected. Plastic tanks are not used. Tanks on the hazard side of a building are provided with adequate shielding for the protection of fire fighters.

All above ground water pipes external to the building are metal including and up to any taps. Pumps are shielded. f) Any changes to electricity and gas supply shall comply with section 4.1.3 of Planning

for Bushfire Protection 2006. Access The intent of measures for internal roads is to provide safe operational access for

emergency services personnel in supressing a bush fire, while residents are accessing or egressing an area. To achieve this, the following conditions shall apply:

g) A minimum 6m wide perimeter road shall be provided around the camping and

event precincts as indicated by Appendix 2 of the Bushfire Hazard Assessment prepared by Midcoast Building and Environmental, dated August 2013. The road shall comply with section 4.1.3 (3) of Planning for Bushfire Protection 2006.

Evacuation and emergency management The intent of measures is to provide suitable emergency and evacuation (and relocation)

arrangements for occupants of special fire protection purpose developments. To achieve this, the following conditions shall comply:


h) Arrangements for emergency and evacuation are to comply with section 4.2.7 of Planning for Bushfire Protection 2006.

i) An Emergency/Evacuation Plan is to be supplied to the Local Emergency

Management Committee and endorsed at least one month prior to the commencement of the event in January 2015.

Landscaping J) Any changes to the landscaping on site shall comply with the requirements of

Appendix 5 of ‘Planning for Bushfire 2006’ and the Rural Fire Service ‘Standards for asset protection zones’.

ADVICE

Bushfire The requirements of this Bush Fire Safety Authority apply to the convention to be held in

January 2015. However, it is recommended that measures are maintained in order to provide an ongoing level of protection against the threat of bushfires.

Existing Environment Protection Licence The on-site wastewater treatment facility operates under Environment Protection Licence

(EPL) No. 11452. The facility is rated to handle up to a maximum of 4,000 people for a period of 10 continuous days. The event operator is to ensure that the facility is operated within the terms of the above EPL at all times. It is noted that additional toilet and shower facilities will be required to provide for the proposed 6,500 event attendees, who may exceed capacity of the existing system.

Toilet and Shower Facilities It is noted that the last Camporee held at this site required 24 additional port-a-loos, and 2

shower semi-trailers containing 48 showers per trailer to accommodate an event for 6,500 people. If the 2015 Camporee attracts a similar number of attendees, then it is recommended that the same number and configuration of facilities be utilised.

Water supply If the maximum 6,500 persons are present on-site, the event may place high demand on

Council’s reticulated water supply. For this reason, care is to be taken that the additional water tanks are installed and operated in accordance with the conditions of this consent. Filling of tanks is to occur during off peak times in the evening in order to prevent the system’s capacity being exceeded at peak usage.

Use of surrounding land/facilities If surrounding beaches, waterways, Council land and/or community facilities are utilised

as part of the event, the operator is to ensure that damage, vandalism, littering, or pollution is prevented. Any rubbish is to be cleaned up immediately, and damage to Council equipment or infrastructure is to be reported, with the event operator bearing full costs for any repair or remediation work.


B That the objectors be advised of Council’s decision. COMMENTARY The applicant is intending to hold a one off ‘camporee’, catering for up to 6,500 people for a period

of one (1) week (Appendix C – Page 10) for which objections have been received.

Heads of Consideration The matter has been assessed in accordance with the Heads of Consideration as identified by Section 79C (1) of the Environmental Planning and Assessment Act 1979, with the following matters of particular relevance. Kempsey Local Environmental Plan 1987 (KLEP 1987) Under the provisions of Kempsey Local Environmental Plan 1987, the land is Zone No 1 (a3) (Rural “A3” Agricultural Protection Zone). The objectives of the 1(a3) zone are: (a) to conserve land particularly suitable for agricultural uses, (b) to provide for compatible tourist uses, and (c) to protect arterial road frontages from developments which are visually intrusive or which

generate excessive traffic.

The proposed camporee is an additional use of an existing tourist facility. The development is permissible in the 1(a3) zone and is consistent with the zone objectives. North Coast Regional Environmental Plan (deemed SEPP) Clause 2B of the North Coast Regional Environmental Plan (NCREP) requires the aims and objectives of the NCREP to be considered during the determination of development applications. The proposed development is generally consistent with all relevant objectives and controls of the NCREP, as follows: Agricultural Resources (Clause 12) Clause 12 of NCREP requires Council to consider impacts on adjoining agricultural uses. The

site is adjacent to some small orchards on the opposite side of Grassy Head Road. The proposed Camporee is unlikely to have any significant impact on adjoining agriculture due to the temporary nature of the event.

Catchment Management (Clause 15) Clause 15 of NCREP provides that Council must not consent to any development near rivers,

wetlands or streams unless it has considered the following matters:

Matter for consideration Planning Comment

(a) the need to maintain or improve the quality or quantity of flows of water to the wetland or habitat.

The site has a special sewerage treatment facility consisting of several sewage systems feeding into a series of 4 maturation ponds.

Given the expected peak occupancy of the site




during the event (6,500 people max), there is a need to ensure the system can adequately handle the expected load and not cause any pollution to the dunes and adjacent river system.

The existing system is rated to 4000 people. Conditions have been added to the consent requiring additional toilet and shower facilities for the duration of the event.

Additionally, the NSW EPA has provided a recommendation that effluent in the treatment ponds be lowered to a depth of 300mm prior to the event occurring.

(b) the need to conserve the existing amateur and commercial fisheries.

See (a). Potential water pollution impacts need to be addressed. Conditions should be applied to ensure limits on the capacity of the existing system are not exceeded.

(c) any loss of habitat which will or is likely to be caused by the carrying out of the development.

No clearing is proposed. No loss of habitat is likely to be caused by the camporee.

(d) whether an adequate public foreshore reserve is available and whether there is adequate public access to that reserve.

The site itself has direct frontage to the Macleay River. The applicant has not proposed any structures, uses or activities that may impede access to the foreshore (beach) area.

(e) whether the development would result in pollution of the wetland or estuary and any measures to eliminate pollution.

See (a).

(f) the proximity of aquatic reserves dedicated under the Fisheries Management Act 1994 and the effect the development will have on these reserves.

NA. Not in proximity to any aquatic reserves.

(g) whether the watercourse is an area of protected land as defined in section 21AB of the Soil Conservation Act 1938 and any measures to prevent soil erosion.

NA. Soil Conservation Act repealed.

(h) the need to ensure that native vegetation surrounding the wetland or fishery habitat area is conserved.

No clearing of native vegetation has been proposed. See (a) and (e) above.

(i) the recommendations of any environmental audit or water quality study prepared by the Department of Water Resources or the Environment Protection Authority and relating to the river, stream, wetland, area or catchment.

No studies are applicable.

http://www.legislation.nsw.gov.au/xref/inforce/?xref=Type%3Dact%20AND%20Year%3D1994%20AND%20no%3D38&nohits=y




Coastal Development (Clause 32B) NCREP requires Council to take into account the NSW Coastal Policy 1997, the Coastline

Management Manual and the North Coast: Design Guidelines when granting consent for development in the Coastal Zone.

The development is a temporary use and is considered consistent with the relevant aims and objectives of the above documents.

State Environmental Planning Policy 71 (SEPP No. 71) As the proposal is within the “coastal zone” SEPP No. 71 applies. It is considered that the proposal complies with matters for consideration under Clause 8 of SEPP 71 and the associated NSW Coastal Policy 1997 as follows:


(a) the aims of this Policy set out in clause 2. Consistent with the aims of the policy.

(b) existing public access to and along the coastal foreshore for pedestrians or persons with a disability should be retained and, where possible, public access to and along the coastal foreshore for pedestrians or persons with a disability should be improved.

No opportunities exist to improve public/disabled access to the foreshore.

(c) opportunities to provide new public access to and along the coastal foreshore for pedestrians or persons with a disability.

There are no opportunities to provide new public access.

(d) the suitability of development given its type, location and design and its relationship with the surrounding area.

The site is 129 hectares is size, and is suitable to hold the proposed camporee.

(e) any detrimental impact that development may have on the amenity of the coastal foreshore, including any significant overshadowing of the coastal foreshore and any significant loss of views from a public place to the coastal foreshore.

The event will not result in any permanent loss of amenity of the coastal foreshore due to the temporary nature of the event.

(f) the scenic qualities of the New South Wales coast, and means to protect and improve these qualities.

The event will not detract from the scenic qualities of the New South Wales Coast.

(g) measures to conserve animals (within the meaning of the Threatened Species Conservation Act 1995) and plants (within the meaning of that Act), and their habitats.

No measures to conserve animals or plants are proposed.

(h) measures to conserve fish (within the meaning of Part 7A of the Fisheries Management Act 1994) and marine vegetation (within the meaning of that Part), and their habitats.

No measures to conserve fish are proposed.







(i) existing wildlife corridors and the impact of development on these corridors.

The development is entirely within a mapped wildlife corridor.

Data available to Council indicates it may be used as a corridor by the Eastern Chestnut Mouse and the Golden Tipped Bat.

The development is unlikely to have any significant impact on the wildlife corridor, due to the temporary nature of the event. No clearing of vegetation or erection of buildings is proposed.

(j) the likely impact of coastal processes and coastal hazards on development and any likely impacts of development on coastal processes and coastal hazards.

The development is of a temporary nature, and is unlikely to have a significant impact on coastal processes.

(k) measures to reduce the potential for conflict between land-based and water-based coastal activities.

No conflict between water and land based activities is foreseen and no measures have been proposed.

(l) measures to protect the cultural places, values, customs, beliefs and traditional knowledge of Aboriginals.

No measures to protect aboriginal beliefs or customs have been identified.

(m) likely impacts of development on the water quality of coastal water bodies.

The event does have some potential to create water pollution if the capacity of the existing sewerage system is exceeded.

Conditions requiring additional toilet facilities have been imposed. See the ‘sewerage’ section in this report for more information.

(n) the conservation and preservation of items of heritage, archaeological or historic significance.

No items of heritage or archaeological significance are known to exist in the area.

(o) only in cases in which a council prepares a draft local environmental plan that applies to land to which this Policy applies, the means to encourage compact towns and cities.

N/A.

(p) only in cases in which a development application in relation to proposed development is determined: (i) the cumulative impacts of the proposed development on the environment, and (ii) measures to ensure that water and energy usage by the proposed development is efficient.

This is a once off event, no cumulative impacts are expected. No energy saving measures have been identified.


State Environmental Planning Policy (Rural Lands) 2008

The proposal is consistent with the Rural Planning Principals outlines in clause 7 of the SEPP. No conflict with surrounding rural land uses is likely to occur, given the temporary nature of the use.

Draft Kempsey Local Environmental Plan 2012 Draft Kempsey Local Environmental Plan 2012 (DKLEP 2012) was released for public exhibition on 27 November 2012. The draft is now considered to be ‘imminent and certain’ and is to be given significant weight in the assessment of this application. Consistency with the relevant provisions of DKLEP 2012 is addressed below: Land Use Table The subject land is to be zoned RU1 under DKLEP 2012. The objectives of the RU1 zone are:

To encourage sustainable primary industry production by maintaining and enhancing the

natural resource base. To encourage diversity in primary industry enterprises and systems appropriate for the

area. To minimise the fragmentation and alienation of resource lands. To minimise conflict between land uses within this zone and land uses within adjoining zones. To maintain the rural and scenic character of the zone. To encourage eco-tourist facilities and tourist and visitor accommodation that minimise any

adverse effect on primary industry production and scenic amenity of the area. • To enable agricultural support facilities to be carried out on land within the zone in a manner

which does not significantly reduce the agricultural and horticultural production potential of land in the locality.

To encourage development that is compatible with the character of the zone The proposed camporee is considered to be a compatible form of tourist and visitor accommodation and is consistent with the zone objectives. The development complies will all other relevant provisions of DKLEP 2012. Access Transport & Traffic The majority of the 6,500 people will be children brought to the camp site progressively by bus. Buses will leave the site once the participants have been dropped off and will return upon conclusion of the event. Dedicated bus parking is not required. Parking areas will be required to accommodate adults, teachers and supervisors, technical and support workers for the duration of the event. It is anticipated that up to 350 parking spaces may be required.


Existing parking areas within the grounds are considered sufficient to accommodate this number of vehicles. Conditions of consent have been recommended requiring a Car Parking Management Plan to be approved by Council prior to the event occurring. Water Reticulated water is available to the site however the intensity of the use poses some risk that supply may not be sufficient to handle the additional load from 6,500 people at peak use. A condition has been recommended requiring the event organisers to install three (3) water supply tanks providing at total of least 51,000 litres of water per day. The tanks are to be filled from the reticulated system at night time between 10.00 pm and 2.00 am. Toilet and shower facilities will utilise this standing supply during the day, reducing load on the reticulated supply during peak operation. Sewerage The camp site has a dedicated waste treatment facility system which operates under Environmental Protection Licence No. 11452. The system is rated for up to 4000 persons for a period of ten (10) consecutive days. NSW EPA has provided a condition requiring that “effluent in the treatment ponds must be lowered to a depth of approximately 300mm by irrigation”, prior to the commencement of the event. Additionally, conditions have been recommended requiring additional port-o-loos and shower facilities to cater for the expected increase in demand. Waste The camp operators will be responsible for removing any excess rubbish from the site in accordance with an approved Waste Management Plan. The Waste Management Plan is required to be approved by Council 3 months prior to the event occurring. Fire The RFS has provided a Bushfire Safety Authority, which includes requirements for asset protection zones, water and utilities, access, evacuation and emergency management, landscaping and other general advice. These requirements are included as conditions of consent. Safety Security and Crime Prevention The event does not pose a significant Crime risk. A condition has been imposed requiring the event operator to inform the Police and other emergency services at least 3 months prior to the commencement of the event. Public Notification Policy The application was notified from 17 September 2013 to 1 October 2013 for a period of 14 days. Letters were sent to adjoining landowners within a 500m radius of the site and an advertisement was placed in the Macleay Argus. A total of five (5) submissions (one (1) of which is marked confidential) from the public were

received. A summary of the issues raised is included below (Appendix D – Page 12).

Objection Comment

1 Rubbish. 1 See “waste”.



Objection Comment

2 Lifesaving services. 2 A condition is recommended requiring the applicant to notify surf lifesaving services at least three (3) months prior to the event occurring.

3 Parking, access and transport. 3 See “access, transport & traffic”.

4 Crime and supervision. 4 A condition is recommended requiring the applicant notify NSW Police of the Camporee at least three (3) months prior to the event.

5 Noise. 5 Conditions are recommended restricting amplified sound and public address systems between 11.00 pm and 7.30 am.

6 Number of people. 6 The application is for a one off event approval over a seven (7) day period.

7 Precedent. 7 This is a one-off event. Any future events outside the scope of existing approvals would require approval from Council.

8 Septic and effluent – impact on the environment.

8 See “sewerage”.

9 Beach access and road. 9 A condition is recommended providing that any damage to Council infrastructure is the responsibility of the applicant and must be repaired at no cost to Council.

10 Suitability of the site and infrastructure capacity.

10 The site is considered to be suitable and conditions are recommended to be imposed to ensure that required infrastructure is adequate.


ITEM 4 PROPOSED NAMING OF THE BRIDGE ON HAT HEAD ROAD ACROSS KOROGORO CREEK AT HAT HEAD

Delivery Program Activity: (WD-05-04) Timber Bridge Replacement Program

Reporting Officer: Director Infrastructure Services


File: F12/650-02

REPORT SUMMARY Reporting upon the advertising of a proposal to officially name the new bridge over Korogoro Creek on Hat Head Road at Hat Head. RECOMMENDATION That the alternative naming proposal for the bridge being “Korogoro Creek Bridge” be progressed. COMMENTARY Council received a submission from a community group in Hat Head suggesting that the road bridge at the entry to Hat Head be named “Bartrim Bridge”. At the time, Council was in the process of reconstructing the bridge and the consideration of the proposal was deferred. A copy of the

proposal is contained in (Appendix E – Page 19). The bridge is currently unofficially known as

“Korogoro Creek Bridge”. Council initially consulted with the Macleay River Historical Society who confirmed that the proposal

could be considered acceptable and a copy of their response is contained in (Appendix F – Page 20). Council recently undertook advertising of the proposal, including writing to all of the key community groups/organisations within Hat Head seeking feedback. Quite a few submissions were received. This response indicated that there was not significant support within the community for the proposed name and in fact the majority of the submissions suggested that the bridge name be formalised as “Korogoro Creek Bridge” which is what it is informally known as at the moment. A

copy of the submissions received by Council are attached at (Appendix G – Page 21) for further information. Based on the level of support shown in the submissions for retaining the current informal name of “Korogoro Creek Bridge”, it is recommended that Council proceeds to readvertise the naming proposal with an alternative of “Korogoro Creek Bridge”.





ITEM 5 TENDER FOR THE CONSTRUCTION OF A WATER SUPPLY TRUNK MAIN AT SOUTH KEMPSEY

Delivery Program Activity: (WS-03-03) Provide Infrastructure for the South Kempsey Employment lands

Reporting Officer: Manager Water Strategy


File: TQE13/24

REPORT SUMMARY Reporting on the Tender Panel’s report and recommendation to accept tenders for the construction of a 300mm and 375mm diameter water supply trunk main to service the South Kempsey Highway Corridor and Service Centres RECOMMENDATION 1 That the tender submitted by Young & Sons be accepted for Tender TQE13/24 for the

construction of a 300mm and 375mm diameter water supply trunk main to service the South Kempsey Highway Corridor and Service Centres.

2 That the contractual documentation be executed under Council seal. COMMENTARY The construction of this water main is a major portion of the project within the Delivery Plan that provides a water main link to service a range of industrial and employment land within South Kempsey. This project is stage 1 of Council’s Development Servicing Strategy for delivering water supply to growth along the former highway corridor. Council previously received $800,000 in grant funding from the State Government to complete this project. Negotiations are currently in progress for contribution from development proposals services serviced by this project. Council previously resolved to fund the remaining costs for the project with an additional charge on each property (currently $8/year). The total project budget is estimated at $1.8M. Work on the project has commenced with all of the materials having been purchased for the project. Some of the materials have already been delivered and a large proportion is currently awaiting delivery. The underboring of the both the railway line and Gills Creek is complete and works are currently progressing towards the intersection of Macleay Valley Way and South Street. The contract is for the majority of the remaining pipeline construction south along Macleay Valley Way. Tenders were invited publicly on Tenderlink for the Construction, Installation and Testing of a 2.1km section of the water main along the Macleay Valley Way in South Kempsey. Tenders closed on 10 December 2013. A total of 8 tenders were received, with tenders from:

* Burns & Rowsell Plumbing


* Diona Pty Ltd * Dichfield Contracting * Eire Contractors Pty Ltd * Knock Contractors Pty Ltd * Ledonne Constructions Pty Ltd * TCM Civil Pty Ltd * Youngsons Civil Pty Ltd

The Tender Evaluation Panel has assessed the tenders received against the selection criteria and has made a recommendation regarding acceptance of the successful tender. The Panel’s report is

attached at (Confidential Appendix A – Page 1). This report is submitted on a confidential basis as it

involves commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it. (Local Government Act 1993, section 10A(2)(d)(i)). On balance, the public interest in preserving the confidentiality of the commercial information supplied outweighs the public interest in openness and transparency in council decision making by discussing the matter in open meeting.


ITEM 6 2013 ASSET MANAGEMENT PLANS

Delivery Program Activity: (CAD-01-04)



File: F12/95-02

REPORT SUMMARY Report on the development of a comprehensive Asset Management Plan for all of Council’s community infrastructure assets. RECOMMENDATION 1 That the draft Asset Management Policy and Asset Management Strategy be adopted. 2 That the draft Asset Management Plans be considered at an extraordinary meeting at

9.00am on Tuesday 14 January 2014, prior to being placed on public exhibition. COMMENTARY Council’s current Asset Management Plan (AMP) provides some detail on the strategies intended to be utilised in order to manage Council’s assets. The AMP was originally developed as part of Council’s previous special rate variation application in February 2012. In assessing Council’s special rate variation, IPART found that the Plan required further development in order to document the situation currently facing Council in relation to the management of its infrastructure assets. As a result, Council was only successful with a single year increase instead of the multiple year increase that had been applied for. Council has undertaken further work to develop revised comprehensive AMP’s for its assets. Drafts of the Water Supply & Wastewater AMP’s have been circulated to Councillors. Work is progressing on the finalisation of the AMP for Council’s general infrastructure assets. Once this is completed a final copy of the draft AMP’s will be circulated to Councillors. It is proposed that a full report on the AMP’s be prepared for a special meeting of Council in early January 2014. This will provide Councillors with the additional time to review the substantial documents in preparation for the plans to be formally considered. After consideration of the AMP’s by Council they would be placed on public exhibition to complement the other components of Council’s proposed Special Rate Variation application. At present there are separate AMP’s for Water, Sewer and General Infrastructure Assets. In the future it is intended to move towards one comprehensive AMP for all assets. The Asset Management Plans are accompanied by an Asset Management Strategy which sits over the top of the Plans in addition to a revised Asset Management Policy. Copies of the draft Asset

Management Strategy (Appendix H – Page 47) and Asset Management Policy are contained in

(Appendix I – Page 95).




The draft Asset Management Policy clarifies the policy intentions in relation to asset management. The Asset Strategy considers the issues facing council and identifies the broad strategy actions to manage the shortfall in the ability to manage existing assets. The situation facing council in relation to sustainably managing its infrastructure assets has been previously discussed with the community and is reflected in Council’s Community Strategic Plan, Delivery Plan and Operating Plan. The opportunities available to address this situation include:

• Increasing the level of income available to invest in asset renewal (increase in user charges/fees and/or rates).

• Decrease the level of services provided by Council allowing the cost savings to be invested into asset renewal.

• Reducing the asset portfolio currently being maintained. • Achieving improvements in efficiency to deliver the same level of service for less.

Previous community surveys have indicated little support for reducing services or infrastructure however it is unlikely that simply increasing rates would be affordable or acceptable to the community. Therefore the preferred solution involves the implementation of all of the options to varying extents depending upon the priority of the infrastructure to the community. Council’s Community Strategic Plan and Delivery Plan include actions and strategies to achieve these outcomes over the time. The actions are reflected in Council’s 2013/2014 Operating Plan.


ITEM 7 SALE OF SURPLUS COUNCIL LAND

Delivery Program Activity: (HD-06-03) Removal of wastewater products from serviced areas


Effect of Recommendation on Budget: Positive

File: F12/213-02

REPORT SUMMARY Reporting on a proposal to sell land surplus to operational requirements. RECOMMENDATION That pursuant to Section 377 of the Local Government Act 1993, Council delegate to the General Manager: a Authority to sign the linen plan of subdivision as the owner of Lot 1 DP1077218. b Authority to sign the Marketing and/or Sales Agreement with the Agent appointed to

market the sale of the land to be auctioned. c Authority to negotiate with a prospective purchaser within an amount no greater that 10%

below the reserve price as set by Council’s consulting valuer should the highest bid at auction not reach the reserve price.

d Authority to sign the Contract for Sale. e Authority to sign the Land and Property Information Transfer Form. COMMENTARY In order to facilitate the construction of The Ponds Way Community Sewer Scheme, Council previously purchased land at 150 Sherwood Road, Aldavilla. The land, Lot 1 DP1077218, comprises an area of 3.01 hectares and has frontage to the western side of The Ponds Way as well as to Sherwood Road. Construction of the On-Site Management System to treat the wastewater captured by the Scheme has been completed in stages, with the final area of Lot 1 DP1077218 required for wastewater purposes set at 1.072 hectares. The balance of Lot 1 DP1077218 is now surplus to operational requirements and can be offered for sale.

A plan of subdivision has been prepared (copy attached at (Appendix J – Page 99)) Lot 1 depicts the land which is surplus to operational requirements. Lot 2 in the proposed plan of subdivision depicts the land to be retained. The plan also creates an easement for access, an easement to drain water and an easement to drain sewer. The plan is now at the stage where it requires various signatures in order to be formally lodged with Council for assessment.



Following subdivision approval and finalisation of registration of the plan at Land and Property Information, Lot 1 in the proposed plan of subdivision can be offered for sale. Initially, an Expression of Interest will be sought from local real estate agents and a marketing campaign undertaken culminating in a sale by public auction. It is considered that a sale by public auction will provide the best financial return to Council as well as providing a process that is transparent and impartial, although Council should note that the auction process can fail in poor market conditions. The market for this type of property is at present “slow” but there is some sign of improvement in the general real estate market. Whilst a valuation of the land proposed to be sold has not yet been obtained, the reserve price can be set by Council’s consulting valuer immediately prior to the auction date. In the event that the reserve price is not reached at auction, Council may wish to delegate to the General Manager an Authority to negotiate a purchase within a specific percentage of the reserve price with the highest bidder (if any). If these negotiations are unsuccessful, the land can be placed back on the open market for sale by private treaty until such time that it is sold.


ITEM 8 EXTENSION OF THE FOOTPATH NETWORK WITHIN HORSESHOE BAY RESERVE

Delivery Program Activity: (SAD-06-02 and SOD-01-02)



File: F12/341-02 (D13/36902)

REPORT SUMMARY To consider a report regarding the proposed funding of footpath works/extension with Horseshoe Bay Reserve at South West Rocks. RECOMMENDATION That additional funding of $65,000 from the Section 94 Open Spaces Plan for South West Rocks be allocated in addition to the grant funding offer to the extension of the footpath around Port Briner in Horseshoe Bay. COMMENTARY Council, as Reserve Trust Manager for Horseshoe Bay Reserve at South West Rocks, has applied for grant funding under the Public Reserves Management Fund Program to complete the extension of the footpath from Point Briner to Back Creek. This project was listed in the Plan of Management for this Reserve adopted by Council in 2006 and remains a significant feature of the proposed Plan of Management for this area. There is also a separate report to the Reserve Trust for this Crown Reserve. An excerpt from the Masterplan highlighting the proposed project (in pink) is contained

within (Appendix K – Page 102) for information.

Whilst Council’s application was for $163,900 the grant offer has been made for $90,000 leaving a shortfall in available funding of $73,900. Whilst there is a good opportunity that Council may be successful with a further heritage grant application for $10,000, there remains a shortfall in the grant funding offered and the estimated cost of completing the project. Opportunities available to Council to consider for funding of the project include funding from the Caravan Park income or the South West Rocks Section 94 Developer Contributions Plan for Open Spaces. As the site falls within the Reserve which includes the Caravan Park, Council has the opportunity to consider allocating funding derived from the income of the Caravan Park towards this project. At present, the year to date income (up to 30 September 2013) of the Caravan Park is $940K. This is on target for the projected year to date income allowed in Council’s budget. Whilst it is expected that the level of income will increase above budget over the coming peak visitation months, it may not be appropriate to consider allocating funding from this area as there isn’t a surplus currently available at this time. As the project involves expanding the footpath network and providing for a valuable link between existing facilities, it is appropriate that consideration be given to the funding of the remaining balance of the estimated costs from the Section 94 Reserve Funds for Open Spaces in South West



Rocks. The current balance of funds held in this Reserve is sufficient to cover the additional expenditure. On the basis of the grant funding being offered and the ability of Council to fund the shortfall in the estimated construction costs from the Section 94 Developer Contribution Plan for Open Spaces in South West Rocks, it is recommended that the necessary changes to the budget be undertaken during the next quarterly review allowing Council as the Reserve Trustee to accept the grant funding (as detailed in a separate report to the Reserve Trust). Council will need to consider the impact that developing this project will have on the current Operating Plan and it is intended to report on a review of the Operating Plan progress in February 2014.


ITEM 9 DRINKING WATER MANAGEMENT SYSTEM FOR THE KEMPSEY AND LOWER MACLEAY SUPPLY

Delivery Program Activity: (HD-01-01) Provide potable water supply to serviced areas

Reporting Officer: Manager Water Process


File: F12/964

REPORT SUMMARY This report provides a brief summary of the Drinking Water Management System for the Kempsey and Lower Macleay Supply and introduces a Water Quality Statement (3.8.8), to be adopted by Council. The Water Quality Statement outlines Council’s commitment to providing safe drinking water to the Shire. RECOMMENDATION 1 That the Drinking Water Management System for the Kempsey and Lower Macleay Supply

is noted. 2 That the Water Quality Statement 3.3.8 be adopted and approved for inclusion as a

reference document in the Water Supply Policy 3.3.

COMMENTARY The NSW Public Health Act 2010 (The Act) commenced on 1 September 2012. The regulations require that all water suppliers establish and adhere to a Quality Assurance Program by 1 September 2014. The Quality Assurance Programs are to be a “risk based” system based on the Australian Drinking Water Guidelines (ADWG 2011). In July 2012, Council commenced developing a Drinking Water Management System for the Kempsey and Lower Macleay Supply, utilising a risk based approach to satisfy the ADWG 2011. All key stakeholders, including NSW Health and NSW Office of Water, have been involved throughout the development of the Plan and NSW Health will provide the final approval. The Key outcomes from the development of the Kempsey and Lower Macleay Drinking Water Management Plan are summarised below.

Provision of a detailed analysis of the Kempsey and Lower Macleay drinking water system, identifying the infrastructure provided in the system, the system’s performance with regard to quality/supply and key stakeholders within the system.

Development of a Risk Matrix that identifies hazards and risks from the catchment through to the tap. The matrix scores these risks according to the existing controls Council has in place and the likelihood and consequences of the risks. A total of 68 risks were identified for this system, with a total of 6 very high and 22 high risks identified after the controls are implemented.


Development of an Implementation plan that identifies the actions required to reduce high risks, timelines for completion and designates responsibilities. This ensures Council maintains an ongoing and continuous improvement approach to managing its drinking water supply systems.

A number of critical infrastructure improvements have also been identified through the development of this plan and are listed below.

The Sherwood Lime Plant is critical as it is the only water supply to the Kempsey and Lower Macleay system should the Dam need to be taken offline due to infrastructure failure or water quality issues. Water quality issues do occur occasionally on the Dam, particularly due to algae growth during the summer months. Construction of a Water Treatment Plant at Steuart McIntyre Dam would mitigate this issue.

The Greenhill reservoir provides water to a large proportion of the population in Kempsey and the Lower Macleay, either directly or by delivering water to other reservoirs.

The Chlorine dosing system at Steuart McIntyre Dam is unreliable and needs replacement. This is currently being planned and is identified as a specific project in the current Delivery Program.

In the process of developing this plan it was identified that Council has no statement that outlines its commitment to providing safe and quality drinking water as required by the ADWG. Water Quality

Statement 3.3.8 has been developed see (Appendix L – Page 103), in conjunction with a review of

Council’s Water Supply Policy 3.3. This statement provides a single page summary of Council’s water supply systems, what Council does to ensure that it is providing safe and quality drinking water and outlines responsibilities for ensuring that Council continues to maintain and improve its Drinking Water systems. The statement has been developed to look like a poster, so that it can be displayed throughout Council, at Council’s Customer Service counter, on its website and advertised to the community. It is recommended that the Water Quality Statement 3.3.8 be adopted by Council and that this statement be added as a reference document in Council’s Water Supply Policy 3.3. The Water Supply Policy 3.3 has not been included for approval at this stage, as it is currently under review.



ITEM 10 COMPANION ANIMALS ACT

Delivery Program Activity: (HD-04-01) Ensure animals do not create a nuisance or safety risk



File: F12/917

REPORT SUMMARY Reporting on the changes to legislation as a result of a review of the Companion Animals Act and the need to form a Companion Animal Advisory Panel to review Council’s Companion Animal Management Plan in accordance with Council Delivery Plan RECOMMENDATION That Expressions of Interest from the Community to serve on the Companion Animals Advisory Panel be advertised. COMMENTARY As a result of a number of incidents concerning companion animals in NSW, the Division Local Government (DLG), undertook community consultation through the Companion Animals Taskforce and a review of the Companion Animals Act. From this consultation and review the Companion Animals (Amendment) Act 2013 was introduced which commenced on 18 November 2013. An updated Guideline on the Exercise of Functions under the Companion Animals Act 1998, reflecting the amendments and other operational changes was released to Councils. The Companion Animal Register has also been updated. Information will be provided to Council in relation to the full response to the Taskforce, detailing funding and other initiatives to help Council deliver companion animal programs. Key Changes - Companion Animals (Amendment) Act 2013 1. Increase to council powers and penalties to enforce lifetime cat and dog registration to

address low registration rates and promote responsible pet ownership (Sections 9-10B). 2. Increases to penalties in relation to dog attacks (Sections 16 and 17). Time limits for

commencing proceedings under sections 16 and 17 have also been increased to 12 months (Section 93).

3. Framework within the Act to provide a range of graduated options for councils to deal with

dogs ranging from issuing dog nuisance orders through to making a menacing or dangerous dog declaration (Part 5).

4. New section to declare a dog as ‘menacing’, to deal with dogs that are aggressive, but that

do not meet the threshold to be declared ‘dangerous’ (Sections 33A and 34).


5. Councils to seize a dog for the purpose of microchipping and registration for which a notice of intention has been issued to declare the dog as menacing, dangerous or restricted so the dog can be traced (Section 36).

6. Increased powers for Local Courts in relation to menacing and dangerous dogs (Sections 44-

48) with no appeal rights against a menacing dog declaration (Section 41). 7. New power for councils to seize and destroy dangerous dogs where control requirements

are breached and to seize and destroy menacing dogs where control requirements are breached twice within 12 months (section 58G).

The Guideline on the Exercise of Functions under the Companion Animals Act provides a summary

table of the dog control categories below: (Appendix M – Page 104). Prior to any action being taken, Council rangers will be required to obtain sufficient evidence (i.e. video, bite marks, doctors reports, records of interviews, obtaining statements from witnesses, etc.), of the alleged actions of the companion animal. The rangers will then be required to make an informed assessment of the information collected on whether to take further action in accordance with the Companion Animals Act, and commence the regulatory process to declare the dog either Nuisance, Menacing, Dangerous or Restricted. The potential for an increase in complaints and pressure being brought to bear on the rangers to make decision as to whether to declare dogs as Nuisance, Menacing, dangerous or Restricted is likely to increase substantially. This is likely to necessitate lengthy and time consuming investigations that will take rangers away from other key functions. In a previous Report to Council in September 2013 (confidential) ‘Compliance Report’ which was moved to open council, the following information was provided to Council on the “Ranger Compliance”. Companion Animals Management Plan An action required in Council’s Delivery Program 2013 to 2017 is to review the Companion Animals Management Plan by June 2014. The purpose of the Companion Animal Management Plan and Panel is to: • Review the current plan and provide advice to Council on its on-going implementation. • Balance the needs of the Community, Environment and Companion Animals. • Focus on key areas of relating to:

1. Barking Dogs 2. Identification Registration and Impounding of Animals 3. Public Safety (Use of Nuisance, Menacing, Dangerous or Restricted Orders) 4. The adequacy / inadequacy of existing leash free areas 5. Environmental

• Provide pathways for prioritising actions; and • Provide measurable indicators for assessment of the plan out comes. It is recommended that a Companion Animal Advisory Panel (CAAP) be reformed consisting of the following members:



2 Councillors; 5 Community members; Director Sustainable Environmental Services or his nominee Expressions of Interest are recommended to be called from the Community for members who demonstrate they have relevant skills and capabilities, which would assist the CAAP in achieving its key responsibilities and primary functions. Community Members The following criteria should be used as a guide in assessing appointments to the Panel: 1. Animal welfare – knowledge of issues 2. Veterinary experience 3. Feline background and understanding 4. Canine background and understanding 5. Welfare 6. Environmental protection. Following receipt of Expressions of Interest, a report will submitted to Council to select the members of the Panel. During the review process of the management plan it is likely that the Panel would invite persons from key organisations and / or professions in the local area being: a. Wild Dog Officer from the new Local Land Services; b. Local Mid North Coast Inspector – RSPCA; c. Officer from local office of Department of Environment Heritage and Conservation; and d. Veterinarian. Council’s Coordinator of Environmental Health will be responsible for the day to day operations of the Companion Animal Management Plan. The role of Council officers on the CAAP is to provide administrative support to the Panel as well as to provide: • Status reports to the Panel on the progress of the Plan; • Regular updates on any operational community issues; • Sound research advice and recommendations to the Panel on issues; and • Feedback to the Panel on community expectations and concerns regarding animal

management in the Council area.


ITEM 11 LEASE OF COUNCIL LAND – SEA STREET, WEST KEMPSEY

Delivery Program Activity: (CAD-01-04) Manage Council leases and execute property matters to completion


Effect of Recommendation on Budget: Positive

File: F12/321-02; LA13866, LA13867, LA13868, LA13869, LA13870

REPORT SUMMARY Reporting on a request from Riding for the Disabled Association (NSW) to secure a lease of Council land in Sea Street, West Kempsey. RECOMMENDATION That Council: 1 Lease Lots 4, 5, 10, 11 and 12 Section 41A Deposited Plan 758556 to the Riding for the

Disabled Association (NSW) for a period of five (5) years commencing 1 January 2014. 2 In recognition of the capital expense to be incurred by the community group in carrying

out upgrades to the site fences, rental for the first year be rebated to $82.00 (GST Inclusive) being the minimum amount set in 2013/2014 for grazing leases.

3 Adjust rental for years two, three, four and five of the lease term by the Sydney Consumer

Price Index as applicable on each anniversary of the lease commencement. 4 Pursuant to Section 377 of the Local Government Act 1993 delegate to the General

Manager authority to sign the lease agreement. 5 Advise the Riding for the Disabled Association (NSW) that costs incurred in the lease

preparation and registration will be their responsibility. COMMENTARY The Riding for the Disabled Association (NSW) currently leases a number of parcels of Council land

situated in Sea Street, West Kempsey. The land is highlighted on the plan contained in (Appendix N

– Page 105). The lease commenced in 2008. Annual rental is presently $200.

The Association has written advising that the existing fence along Sea Street is no longer secure enough for the safety of the horses and is in urgent need of replacement. The Association has indicated its preparedness to replace the fence with a longer lasting more secure fence. As the Association does not receive funding and relies on community donations, the Association has requested a lease of five years so that it can have security of occupation and thus commit to the expense of the new fence. Council may wish to assist the Association by a reduction in rental on the understanding that the fencing works are carried out without undue delay. Council’s 2013/2014 minimum fee for the leasing




of grazing land is $82.00 (GST Inclusive). The occupation of the land by horses is similar to an occupation by grazing animals and the minimum grazing fee would be appropriate in the circumstances.


ITEM 12 SUBMISSION TO DEPARTMENT OF PLANNING AND INFRASTRUCTURE (DOPI) ON PRELIMINARY POPULATION PROJECTIONS FOR NSW

Delivery Program Activity: (HD-04-03) Planning for a sustainable environment



File: F12/128-02

REPORT SUMMARY Reporting that a submission has been made to the NSW Department of Planning and Infrastructure (DoPI) special release of the 2013 New South Wales Preliminary Population Projections for which Council’s endorsement is sought. RECOMMENDATION That the submission to the NSW Department of Planning and Infrastructure on the New South Wales in the future: Preliminary Population Projections be endorsed. COMMENTARY In September 2013, the DoPI released a document titled New South Wales in the Future: Preliminary 2013 Population Projections. The report contains preliminary population projections up to 2031 for NSW and individual Local Government Areas (LGAs). The preliminary projections for the MIDROC LGAs are significantly reduced from previous forecasts, with a decline in population of 700 people forecast by 2031 for Kempsey Shire. By letter of 26 September 2013 the DoPI invited Council to provide further input by 22 November 2013 to be used to inform the final population forecasts, which are planned for release in early 2014. MIDROC has also made a submission questioning several assumptions on which the projections rely which, in broad terms, provides for increased growth rates in metropolitan areas with reduced forecast rates for regional areas, including the Mid North Coast. There is concern that the population projections will be used as a basis for determining future NSW Government infrastructure investment decisions via the Regional Infrastructure Plans which will be an integral part of the new NSW planning system. Specialist demographic consultants were engaged to assist Council in making a submission based on a detailed analysis of the assumptions on which the projections are based. Due to the restricted timeframe, Council’s meeting schedule and the availability of consultants, it was not possible to report the matter to Council prior to the closing date for submissions. The submission made to the DoPI on 22 November 2013 is attached for Council’s endorsement,

which may be summarised as follows (Appendix O – Page 106): Births and Deaths – The preliminary projections do not adequately reflect the observed above

average fertility rate for Kempsey Shire.



Migration – The projections do not adequately factor in the consistently observed pattern of growth fuelled by in-migration of people choosing to resettle in the Shire, most notably retirees.

Planned Developments and Strategic Planning – Information relating to Council’s strategic

planning program which seeks to complement its broader corporate strategies to facilitate modest growth has been provided.

Observed Population Projections – The submission highlights the consistent moderate growth

that has been observed for Kempsey Shire since 1991 which has seen the Shire population grow by 15% over the period and brings into question over reliance on the preliminary rebased estimates that do not accord with recorded growth.


ITEM 13 WASTE LESS RECYCLE MORE PROGRAMS

Delivery Program Activity: (HD-04-07)

Reporting Officer: Manager Operations


File: F12/223-02 (D13/35219)

REPORT SUMMARY A report outlining the invitation from the Environment Protection Authority (EPA) to apply for contestable grants under the Waste Less Recycle More Programs (WLRM) and recommended response.

RECOMMENDATION 1 That the invitation to make application for grants under the Waste Less Recycle More

Program be noted. 2 That an application be prepared under the Community Recycling Centres Program 3 That the lodgement of an application under the Householders’ Asbestos Disposal Scheme

Trial to meet the deadline be noted. 4 That should the application under the Householders’ Asbestos Disposal Scheme Trial be

successful, the disposal of household quantities of bonded asbestos at Council’s Crescent Head Road landfill be free for the duration of the trial.

5 That joint applications under the Community Recycling Centres Program (for a mobile

facility), the Food Waste Avoidance Education Program and the Illegal Dumping Cleanup and Prevention Program be prepared and submitted in conjunction with the other Midwaste Forum Council’s.

6 That no application be made under the Local Government Organic Collection Systems

Program or the Resource Recovery Facility Expansion and Enhancement Program at the present time.

COMMENTARY In May 2013 Council was advised of the outcome of the State Government inquiry into the Waste and Sustainability Improvement Payment (WaSIP) Program. The WaSIP program was funded by the waste levy on material deposited at Council’s landfill. The State Government determined to cease that program and divert the waste levy funds to the WLRM Program. WLRM has funding of $465M available over five years. Council resolved at that time:

1 That changes to the allocation of the NSW Waste Levy be noted. 2 The introduction of the Waste Less Recycle More program and funding be noted.


3 The development of a Waste and Education Strategy in line with the Waste Less Recycle More initiatives be included as a specific action in the 2013/2014 Draft Operating Plan.

Hyder Consulting has been commissioned to develop the Waste and Education Strategy which is expected to be completed by March 2014. Details of some of the sub-programs under WLRM have now been announced and grant applications have been invited with closing dates well before the strategy will be completed. There are expected to be 10 sub-programs under WLRM, six have been announced. 1 Community Recycling Centres Program (closing date 3 February 2014)

These are proposed to target household “problem” wastes being paint, motor oil, cooking oil, dry cell batteries, lead acid batteries, fluorescent lights, gas cylinders and smoke detectors. While Council currently collects all of these at both the Waste Management Centre and Transfer Stations the facilities for doing so are ad hoc and there are some environmental concerns at each site. Grants of up to $250,000, fully funded, are available to establish or enhance these centres and in addition the Environment Protection Authority (EPA) will fully fund storage facilities and collection/disposal of the waste. Council cannot charge for any of the listed items but may dispose of any items by sale and keep the proceeds. Of the items listed only lead acid batteries and oils have a sale value – Council currently pays for disposal of other items. No additional staffing is required and this is seen as an opportunity to provide proper facilities to encourage removal of these items from the community.

A second component of this sub-program is to provide for mobile collection services. It is envisaged that a purpose-built trailer could travel to outlying areas and villages and/or provide a regular collection point within village centres to encourage convenient disposal of these materials. Grants of up to $300,000 are available but operating costs are not eligible for funding. It is suggested that this component could be undertaken on a regional basis by sharing a vehicle with Port Macquarie-Hastings Council and/or Nambucca Shire Council. Council’s share of costs would be largely met by no longer having to pay to dispose of the items that can’t be sold. The Midwaste Forum is considering facilitating a proposal across all Midwaste Councils who wish to participate in this program.

2 Local Government Organic Collection Systems Program (closing date 3 February 2014) This program is aimed at introducing or expanding greenwaste collection services including waste food collection. Council’s greenwaste collection service covers all “residential” areas and expansion into fringe urban/rural areas would require affected properties to pay the additional rate for the service (the grants do not cover the cost of collection only the initial cost of providing bins). It is suggested that there would be opposition to this as most of these properties have the ability to dispose of greenwaste on the property. The EPA proposes to fund greenwaste processing facilities in the next round of funding to be announced shortly. It is not proposed to apply for a grant under the current program, however the opportunity to seek grant funds in the future to build a local processing facility will be considered.

3 Resource Recovery Facility Expansion and Enhancement Program (closing date 3 February 2014)


This program is aimed at expanding the capacity of existing recycling facilities or increasing the range of recyclables recovered. New facilities are not funded. Council does not have such a facility so is not eligible for funding. Funds for construction of new facilities are expected in the next round of funding.

4 Food Waste Avoidance Education Program (closing date 28 February 2014)

This program is an extension of the “Love Food Hate Waste” program previously funded on a regional basis. It is to be expanded to also cover food waste avoidance from small businesses in the food or hospitality sector. Funding up to $70,000 is available with joint funding required in cash or in-kind. Midwaste facilitated the previous program and it is suggested to be the best vehicle to deliver the program again. Midwaste has some separate funding available and Council’s share can be drawn from existing allocations for waste education.

5 Illegal Dumping Cleanup and Prevention Program (closing date 3 February 2014)

This program is aimed at cleaning up illegal dumping “hotspots” and installing prevention or deterrence measures. Grants of $50,000 - $150,000 are available but will only fund 50% of salary costs. Cleanup of asbestos dumping sites and partnering with National Parks or ForestsNSW is encouraged. It is considered that there are no large sized “hotspots” on Council controlled land within the Shire that warrant such expenditure. It is proposed to raise the matter with other public authorities to determine if a joint application is viable. The Midwaste Forum is also considering facilitating sub-regional programs where Kempsey would share an application with Port Macquarie-Hastings and/or Nambucca Councils in conjunction with National Parks and ForestsNSW that may be eligible for funding.

6 Householders’ Asbestos Disposal Scheme Trial (closing date 9 December 2013)

This program aims to accelerate the removal of bonded asbestos (not contaminated soil or rubble) from the community by waiving the Waste Levy (currently $52.40/T) and with the EPA contributing $50/T to disposal costs. However, the scheme only proposes four trials in regional areas and requires a minimum disposal quantity of 500T/year. The program is only aimed at “household” quantities, not large commercial demolition projects. In our area less than 100T of such material is received annually. While the scheme could be applied for on a regional basis to meet the minimum required quantity, the administrative arrangements would be complex. A suggestion was made to EPA that this Council, and perhaps other Midwaste Councils, might consider accepting asbestos for no charge if the waste levy was waived. There would be no cost to EPA other than foregoing the levy. The direct cost to Council is negligible as no additional staff or resources are required for disposal. There is an indirect cost in the value of the space that the waste takes up which would marginally accelerate the need to provide new disposal cells. There is also the loss of income from normal disposal which partly goes towards the development of the future cells. It is recommended that free disposal for householders in order to: • encourage as much asbestos removal as possible from the community, • reduce the incidence of illegal dumping, • increasing safety to the community and Council,


• encourage declaration of asbestos waste at the landfill gate rather than “hiding” the waste amongst other materials when it is not properly wrapped,

Unfortunately the closing date for applications will have passed before the Council meeting. Application has been made on the assumption that Council will support this initiative and will set a fee of $0.00 for disposal of bonded asbestos only. Should Council not do so the application can be withdrawn.

The Midwaste Forum has separate funding to facilitate the preparation of all applications so no additional costs to Council will be incurred in preparing and submitting the applications. Any contribution to programs required can be met from existing funding allocations and no additional staff are required.


ITEM 14 TENDER FOR MULCHING OF GREENWASTE AND WOODWASTE

Delivery Program Activity: (HD-04-07)

Reporting Officer: Manager Operations


File: F12/303-02 T2011-004

REPORT SUMMARY A report outlining the outcome of the calling of tenders for mulching of greenwaste and woodwaste at Council’s Waste Management Centre and transfer stations for the period to 1 January 2014 to 30 September 2015 (21 months) with an option for extension for a further 12 months. RECOMMENDATION 1 That the tender of Ree Tee Investments Pty Ltd as Trustee for the Ree Family Trust t/as

Woody Woodpekers Tree Services for mulching of greenwaste and woodwaste for the period 1 January 2014 until 30 September 2015 be accepted.

2 That provision be allowed for a 12 month extension based on satisfactory contractor

performance which may take this tender through to 30 September 2016. 3 That the contract document be executed under Council’s seal as necessary. COMMENTARY Regional Procurement Initiative undertook the tendering process for the subject tender on behalf of four of the councils in the Midwaste Forum being Gloucester, Great Lakes, Kempsey and Bellingen. Tenders were invited in accordance with s167 of the Local Government (General) Regulation 2005 by Open Tender and closed at 10:00am on 29 October 2013. The value of these services over the proposed contract period is not such as to require tenders to be called. The intention of a “collective” tender was to obtain cost savings by providing for economies of scale for the larger volumes of material to be processed across the participating Midwaste council areas. Four of the eight Midwaste Forum councils did not participate as they already have contractual arrangements in place for these services. The tender process allowed for tenders to be received for processing of greenwaste and woodwaste on a single council basis but with the opportunity to offer a discount if all four participating councils requested services at the same time. Tender Evaluation The tender evaluation was conducted on Thursday 14 November 2013 at Port Macquarie-Hastings Council administration centre by a panel comprising representatives of the participating councils including:

Mr Sam Tate – Bellingen Shire Council Mr Daan Schiebaan – Bellingen Shire Council Mr Mick Cockeram – Great Lakes Council


Mr Tony Green – Kempsey Shire Council

Ms Tania Parkinson – Gloucester Shire Council Mr Peter Salafia – Regional Procurement Initiative as Facilitator

The criteria for evaluating tenders and the percentage weightings for each of the criteria were agreed upon prior to the tender closing. A copy of the Tender Evaluation report and appendices are attached within the confidential section

of Council’s business paper at (Confidential Appendix B – Page 4). The evaluation report has been provided to Council on a “Commercial in Confidence” basis as it involves commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it. (Local Government Act 1993, Section 10A (2)(d)(i)). Tender Outcome Tenders were received from:

Davis Earthmoving & Quarry Pty Ltd Ree Tee Investments Pty Ltd as Trustee for the Ree Family Trust t/as Woody Woodpekers

Tree Services

Aegina Pty Ltd t/as ARG Trees (late tender received 3:56pm 29/10/2013) The Evaluation Panel determined that the late tender of Aegina Pty Ltd could not be considered as it was not submitted in accordance with the Regulations. Council does not currently have a contract for this service. In the previous tendering process there was no clearly advantageous tenderer for Kempsey Shire Council and Council’s mulching for the last two years has been undertaken on a quotation basis. The contractor currently engaged does not wish to continue servicing the Midwaste area did not tender on this occasion. Following the evaluation of the two conforming tenders, the Evaluation Panel considered that Ree Tee Investments Pty Ltd t/as Woody Woodpekers Tree Services offered the most advantageous service for all participating councils. The rates for mulching services are comparable with those offered by the current contractor and further benefit may be derived if all councils request services at the same time. There is no reason why Council should not accept the tender of Ree Tee Investments Pty Ltd as Trustee for the Ree Family Trust t/as Woody Woodpekers Tree Services as that, having regard to all the circumstances, appears to be the most advantageous.


ITEM 15 SINGLE SOURCE TENDER FOR SUPPLY AND DELIVERY OF BULK CATIONIC RAPID SETTING BITUMEN EMULSION

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

Reporting Officer: Manager Finance


File: F12/303-02

REPORT SUMMARY Reporting on a Single Source tender for Supply and Delivery of Bulk Cationic Rapid Setting Bitumen Emulsion for participating Council’s under the Mid North Coast Group of Council’s Alliance RECOMMENDATION That the tender for the supply and delivery of bitumen emulsion from Downer EDI Works Pty Ltd for the Period 1 January 2014 until 31 December 2015 be adopted, and that provision be allowed for a 12 month extension based on satisfactory supplier performance which may take this tender through to 31 December 2016. COMMENTARY A Single Source tender for Supply and Delivery of Bulk Cationic Rapid Setting Bitumen Emulsion has been facilitated by the Mid North Coast Group of Council’s. Participating councils in this tender are: Coffs Harbour City, Bellingen Shire, Nambucca Shire, Kempsey Shire, Port Macquarie-Hastings, Greater Taree City, Great Lakes and Gloucester Shire. Tenders closed 10.00 am Tuesday 8 October 2013. The tender evaluation was conducted on Tuesday 22 October 2013 at Port Macquarie-Hastings Council administration centre by a panel comprising representatives of the participating Council’s including:

Mr Brian Wirth – Great Lakes Council

Mr Brian Ison – Kempsey Shire Council

Mr Peter Salafia – Regional Procurement as Facilitator. Tender Evaluation Criteria The weightings and criteria were agreed upon prior to the tender closing. The evaluation result was determined by:

Multiplying the value of the Ex-Bin rate for CRS60 x 6 to allow for six councils using this product then adding the rate for CRS62 (PMHC) and Multi-Bond equivalent (Great Lakes) together to determine the lowest overall price.


Determining the lowest total $ value for Rinsing and Cleaning costs by adding the combined value of both and dividing by two to obtain an average annual cost for these services. This is based on the premise that only one service is performed annually.

The $ per litre rate for disposal of sludge is multiplied by 500. This figure is added to average annual Rinsing and Cleaning costs to obtain the final result.

The lowest overall amount for Ex-Bin rates and Rinsing, Cleaning and Disposal rates are awarded the full Criteria % for each Category as per the table below.

Each subsequent total $ value is then divided into the lowest total amount to obtain a score.

The tenderers ability to meet specific requirements of the remaining evaluation criteria as determined by the panel

A copy of the Tender Evaluation report and appendices are attached as (Confidential Appendix C –

Page 13) within the confidential section of Council’s business paper. The evaluation report has been provided to Council on a “Commercial in Confidence” basis as it involves commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it (Local Government Act 1993, Section 10A (2) (d) (i)). Tender Outcome Tenders were received from Fulton Hogan Industries Pty Ltd, Bitupave Ltd t/as Boral Asphalt, Downer EDI Works Pty Ltd. Council currently does not have a tender for Supply and Delivery of Bulk Cationic Rapid Setting Bitumen Emulsion. The tender provides that the pricing is fixed for the first 3 months of this tender and thereafter is adjusted in accordance with the movement in the market price of bitumen. The evaluation of the Tender reveals that the offer from Downer EDI provides Council with access to the most competitive market pricing which is approximately 4% lower than the nearest competitor whilst also providing Council with access to an accredited supplier to clean our emulsion tank once a year in accordance with recommended industry practice free of charge.


ITEM 16 PANEL SOURCE TENDER FOR THE SUPPLY AND DELIVERY OF EARTHMOVER, TRUCK AND PASSENGER TYRES INCLUDING ROADSIDE ASSISTANCE SERVICES

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



File: F12/303-02

REPORT SUMMARY Reporting on a panel tender for the Supply and Delivery of Earthmover, Truck and Passenger Tyres including Roadside Assistance Services for participating Council’s under the Mid North Coast Group of Council’s Alliance. RECOMMENDATION That the tenders from Bridgestone Australia Ltd, Tyres4U Pty Ltd as Trustee for TWA Trust Trading as Tyres4U, Valley Tyres and Mulvey’s Tyre Services Pty Ltd for the Period 1 January 2014 until 31 December 2015 be accepted, and that provision be allowed for a 12 month extension based on satisfactory supplier performance which may take this tender through to 31 December 2016. COMMENTARY A joint tender has been facilitated by the Mid North Coast Group of Council’s for the Supply and Delivery of Earthmover, Truck and Passenger Tyres including Roadside Assistance Services. Participating councils in this tender are: Coffs Harbour City, Bellingen Shire, Nambucca Shire, Kempsey Shire, Port Macquarie-Hastings, Greater Taree City, Great Lakes and Gloucester Shire. Tenders closed 10.00 am Tuesday 8 October 2013. The tender evaluation was conducted on Tuesday 22 October at Port Macquarie-Hastings Council Administration Centre by a panel comprising representatives of the participating Council’s including:

Mr Brian Worth from Great Lakes Council

Mr Brian Ison from Kempsey Shire Council

Mr Peter Salafia from Regional Procurement as Facilitator. Tender Evaluation Criteria The weightings and criteria were agreed prior to the tender closing. The evaluation result was determined by:

All tenderers clearly demonstrating their ability to supply OEM or equivalent tyres to all participating member councils. Based on this the evaluation panel determined that all tenderers should be awarded the full Criteria % for the Tender Price Category.


The tenderers ability to meet specific requirements of the remaining evaluation criteria as determined by the panel.

A copy of the Tender Evaluation report and appendices are attached as (Confidential Appendix D –

Page 16) within the confidential section of Council’s business paper. The evaluation report has been provided to Council on a “Commercial in Confidence” basis as it involves commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it (Local Government Act 1993, Section 10A (2) (d) (i)). Tender Outcome Council’s current panel tender will finalise on 31 December 2013, the current suppliers are Bridgestone Australia, Tyres 4 U and Tyre Power. Tenders were received from Valley Tyres, The Hiflex Australia Group Pty Ltd, Bridgestone Australia Ltd, Tyres 4 U as Trustee for TWA Trust Trading as Tyres 4 U and Mulvey’s Tyre Services Pty Ltd. The tender from The Hiflex Australia Group Pty Ltd was deemed non-compliant due to there being no offer for Roadside Services. Kempsey Shire Council will accept submissions from: 1 Bridgestone Australia Ltd 2 Tyres 4 U Pty Ltd as Trustee for TWA Trust Trading as Tyres 4 u 3 Mulvey’s Tyre Services Pty Ltd 4 Valley Tyres. All tenders have a local shop front presence directly or by an agency network. The price of the goods to be supplied shall be the tender price for the goods as listed in the scheduled price tender. This pricing may only change once the service provider has given written notification 21 days prior to any price variation taking effect. An evaluation undertaken by Council’s Fleet and Procurement Coordinator of pricing under the proposed new panel tender discloses that Council will receive on average 13% saving per tyre and on average 11% saving for tyre repairs when compared to the pricing available under State Government Contract 367.


ITEM 17 STATEMENT OF CASH AND INVESTMENTS




File: N/A 303

REPORT SUMMARY Reporting on the statement of bank balances and investments. RECOMMENDATION That the information be noted. COMMENTARY The Local Government Act 1993 requires that Council be notified at each ordinary meeting of details of all monies invested by Council.

A statement of balances is shown in (Appendix P – Page 115).

The statement of investments is shown in (Appendix Q – Page 116).




ITEM 18 DEVELOPMENT APPROVALS AND CONSTRUCTION CERTIFICATES




File: N/A 329

REPORT SUMMARY Reporting that the following applications have been approved for the period of November 2013 and includes approvals by Private Certifiers.

RECOMMENDATION That the information be noted. REPORT DETAILS Council Report on Local Development Applications 2013/LD-00101 Lot 2 DP258820 3006 ARMIDALE ROAD HICKEYS CREEK CONTINUED USE OF AN EXISTING BUILDING AS A DWELLING Applicant: F & G DIETRICH 2013/LD-00170 Lot 2 DP259889 132 JOHN LANE ROAD YARRAVEL TWO (2) LOT SUBDIVISION Applicant: L & K MCCOSKER 2013/LD-00234 Lot 1 DP569841 98 CRESCENT HEAD ROAD SOUTH KEMPSEY ADDITIONS TO EXISTING EDUCATIONAL ESTABLISHMENT Applicant: BLUEPRINT PLANNING CONSULTANTS 2013/LD-00256 Lot 114, Lot 117, Lot 118, Lot 119, Lot 120 DP754441 ILLA LANGHI ROAD CRESCENT

HEAD CONTINUED USE OF AN EXISTING BUILDING AS A DWELLING AND DETACHED

SHEDS (SITE 50) Applicant: MR R ERTHEL 2013/LD-00273 Lot 67 DP752433 & Lot 2 DP113057 156 DENNIS ROAD MUNGAY CREEK BOUNDARY ADJUSTMENT Applicant: M W ROGERS & ASSOCIATES 2009/LD-00440 REV03 Lot 1 DP569841 98 CRESCENT HEAD ROAD SOUTH KEMPSEY STAGED DEVELOPMENT- EDUCATIONAL ESTABLISHMENT K TO YEAR 12 AND PRE

SCHOOL CONCEPT PLAN AND STAGE 1 Applicant: BLUEPRINT PLANNING CONSULTANTS 2013/LD-00289 Lot 361 DP610564 2 COLLIN TAIT AVENUE WEST KEMPSEY


SHED, AWNING & CARPORT Applicant: MACLEAY VALLEY SHEDS 2013/LD-00290 Lot 10 DP758505 40 STRAIGHT STREET HAT HEAD TWO LOT SUBDIVISION Applicant: BLUEPRINT PLANNING CONSULTANTS 2013/LD-00299 Lot 6 DP759080 115-145 SEA STREET WEST KEMPSEY ADDITIONS TO EXISTING SCHOOL BLOCK B - OUTDOOR COVERED WORK AREA Applicant: WAYNE ELLIS ARCHITECTS 2013/LD-00308 Lot 50 DP8635 38 STURT STREET SOUTH WEST ROCKS ALTERATIONS & ADDITIONS TO EXISTING TWO STOREY DWELLING Applicant: R & M PEELE 2013/LD-00325 Lot 114, Lot 117, Lot 118, Lot 119, Lot 120 DP754441 ILLA LANGHI ROAD CRESCENT

HEAD CONTINUED USE OF AN EXISTING BUILDING AS A DWELLING (SITE 67) Applicant: R & B BALL 2011/LD-00252 REV04 Lot 1 & Lot 2 DP700765, Lot 131 & Lot 132 DP702389 71-97 COCHRANE

STREET WEST KEMPSEY ALTERATIONS & ADDITIONS TO NURSING HOME FACILITY Applicant: MORRISON DESIGN PARTNERSHIP 2013/LD-00333 Lot 114, Lot 117, Lot 118, Lot 119, Lot 120 DP754441 ILLA LANGHI ROAD CRESCENT

HEAD CONTINUED USE OF AN EXISTING BUILDING AS A SHED (SITE 36) Applicant: MRS K A STEER 2013/LD-00339 Lot 114, Lot 117, Lot 118, Lot 119, Lot 120 DP754441 ILLA LANGHI ROAD CRESCENT

HEAD CONTINUED USE OF EXISTING STRUCTURES (SITE 48) Applicant: MR A GRIFFITHS 2013/LD-00342 Lot 114, Lot 117, Lot 118, Lot 119, Lot 120 DP754441 ILLA LANGHI ROAD CRESCENT

HEAD CONTINUED USE OF AN EXISTING BUILDING AS A DWELLING (SITE 70) Applicant: A & J TENNOCK 2013/LD-00343 Lot 1 DP1164661 NEVILLE MORTON DRIVE CRESCENT HEAD DWELLING Applicant: MR M W ROGERS 2013/LD-00344 Lot 114, Lot 117, Lot 118, Lot 119, Lot 120 DP754441 ILLA LANGHI ROAD CRESCENT

HEAD CONTINUED USE OF EXISTING BUILDING AS A DWELLING AND SHED (SITE 25) Applicant: MS R HEWITT 2013/LD-00345 Lot 114, Lot 117, Lot 118, Lot 119, Lot 120 DP754441 ILLA LANGHI ROAD CRESCENT

HEAD


CONTINUED USE OF AN EXISTING BUILDING AS A DWELLING & DETACHED CARPORT/WORKSHOP (SITE 10)

Applicant: MR I RYAN 2013/LD-00347 Lot 23 DP729843 8 ROY KEMP CLOSE CRESCENT HEAD ALTERATIONS & ADDITIONS TO EXISTING TWO STOREY DWELLING Applicant: MR A S FORREST 2013/LD-00350 Lot 114, Lot 117, Lot 118, Lot 119, Lot 120 DP754441 ILLA LANGHI ROAD CRESCENT

HEAD CONTINUED USE OF AN EXISTING BUILDING AS A DWELLING, STUDIO AND

STRUCTURES (SITE 41) Applicant: MAYUMI KUWAYAMA 2013/LD-00352 Lot 114, Lot 117, Lot 118, Lot 119, Lot 120 DP754441 ILLA LANGHI ROAD CRESCENT

HEAD CONTINUED USE OF AN EXISTING BUILDING AS A SHED (SITE 9) Applicant: MR B ADAMS 2013/LD-00356 Lot 114, Lot 117, Lot 118, Lot 119, Lot 120 DP754441 ILLA LANGHI ROAD CRESCENT

HEAD CONTINUED USE OF EXISTING STRUCTURES (SITE 24) Applicant: MR F DYKSHOORN 2013/LD-00358 Lot 114, Lot 117, Lot 118, Lot 119, Lot 120 DP754441 ILLA LANGHI ROAD CRESCENT

HEAD DWELLING & CONTINUED USE OF EXISTING STRUCTURES (SITE 30) Applicant: D & D COBOURN 2013/LD-00359 Lot 3 DP1113014 37 TEAGUE DRIVE SOUTH KEMPSEY DWELLING Applicant: C HOLTMANN-MAINEY & E SAUNDERS 2013/LD-00360 Lot 237 DP1088860 CHAIN O PONDS ROAD COLLOMBATTI CONTINUED USE OF AN EXISTING BUILDING AS A TWO STOREY DWELLING Applicant: MR R J EGAN 2013/LD-00379 Lot 1 DP734220 76 SMITH STREET KEMPSEY CHANGE OF USE & FIT OUT - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: MR J M PREEN 2013/LD-00380 Lot 10 DP834691 8 HAROLD HUGHES PLACE GREENHILL DWELLING - COMPLYING DEVELOPMENT - PRIVATE CERITIFER Applicant: HOTONDO HOMES 2009/LD-00387 REV01 Lot 4 DP1108332 89 CROTTYS LANE YARRAVEL DWELLING & SHED Applicant: D & K LYNCH 2008/LD-00445 REV02 Lot 2531 DP705549 108 SETTLERS WAY SOUTH KEMPSEY FIVE LOT SUBDIVISION


Applicant: MS L CHILDS

2013/LD-00392 Lot 4 DP215153 9 CARRI STREET SOUTH KEMPSEY CO-LOCATION OF A MOTOR SHOW ROOM Applicant: P MULLINS & R TAMINI 2013/LD-00393 Lot 122 DP1113802 46 UPPER BELMORE RIVER ROAD BELMORE RIVER ADDITIONS TO EXISTING DWELLING - COMPLYING DEVELOPMENT - PRIVATE

CERTIFIER Applicant: MR M J FROST 2013/LD-00394 Lot 1 DP311045 2 MEMORIAL AVENUE GLADSTONE SHED - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: MIDCOAST STEEL STRUCTURES 2013/LD-00234 REV01 Lot 1 DP569841 SP0 98 CRESCENT HEAD ROAD SOUTH KEMPSEY ADDITIONS TO EXISTING EDUCATIONAL ESTABLISHMENT Applicant: BLUEPRINT PLANNING CONSULTANTS 2013/LD-00403 Lot 11 DP255838 60 MARINE PARADE STUARTS POINT CARPORT - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: MIDCOAST STEEL STRUCTURES 2013/LD-00404 Lot 9 DP252385 17 WARNE DRIVE ALDAVILLA SHED - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: MIDCOAST STEEL STRUCTURES 2013/LD-00405 Lot 2 DP219777 40A INNES STREET EAST KEMPSEY ALTERATIONS & ADDITIONS TO DWELLING - COMPLYING DEVELOPMENT – PRIVATE

CERTIFIER Applicant: MR J CONOMOS 2013/LD-00406 Lot 6 DP1063239 1103 WILLI WILLI ROAD YESSABAH DWELLING ADDITIONS - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: MR G K JOHNSON 2013/LD-00137 REV01 434 & 476 PACIFIC HIGHWAY Lot 83 DP855486 & Lot 822 DP773764, WEST

END ROAD Lot 153 DP752417, SOUTH KEMPSEY SUBDIVISION CLEARING AND EARTH WORKS Applicant: HOPKINS CONSULTANTS PTY LIMITED 2013/LD-00411 Lot 2 DP1073515 172 SETTLERS WAY SOUTH KEMPSEY DWELLING - COMPLYING DEVELOPMENT - PRIVATE CERITFIER Applicant: MR L B D LECCIONES 2013/LD-00412 Lot 13 DP1043314 13 MILTON DUFTY PLACE EAST KEMPSEY SWIMMING POOL - COMPLYING DEVELOPMENT - PRIVATE CERITFIER Applicant: MR T MOOREHEAD 2013/LD-00413 Lot 5 DP852705 2 NEWTON CLOSE SOUTH WEST ROCKS SWIMMING POOL - COMPLYING DEVELOPMENT - PRIVATE CERITFIER


Applicant: MR G C SCHUBERT 2013/LD-00414 Lot 301 DP840389 4 JOHN STREET KEMPSEY INTERNAL ALTERATIONS - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: KEMPSEY CHILDRENS SERVICES CO-OP LTD 2013/LD-00416 Lot 2 DP748740 38 OCEAN STREET SOUTH WEST ROCKS ALTERATION AND ADDITIONS - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: MR K J HILL 2013/LD-00417 Lot 24 DP12188 15 HIGH STREET SOUTH WEST ROCKS DECK REPLACEMENT - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: MR N E HODGES Type No Sub Value Private Certifier (Complying Development) 14 14 $780,286.00 Local Development 18 18 $599,625.00 Integrated Development 6 6 $550,000.00 Modifications 6 6 - There were 44 applications approved with a value of $1,929,911.00. For the financial year to date there have been 222 approvals including 37 modifications approved, with 88.0% (198) approved within 30 days. The 222 approvals (including 194 sub-applications) have a value of $20,222,915.00. There are 158 applications awaiting determination for the following reasons: ACCESS REQUIREMENTS (AC) 2 FURTHER DETAILS REQUIRED (FD) 80 FURTHER DETAILS REQUIRED 01 (FD01) 2 FINAL REQUEST FOR INFO BEFORE REFUSAL (FR) 1 INCOMPLETE APPLICATION (IA) 6 REFERRAL TO OTHER AGENCIES (OA) 1 REFER TO RURAL FIRE SERVICE (LD) (RR) 4 Council Report on Development Applications refused, withdrawn or rejected: There were no Development Applications refused, withdrawn or rejected for the period Council Report on Construction Certificates Building 2013/CB-00189 Lot 50 DP8635 38 STURT STREET SOUTH WEST ROCKS ALTERATIONS & ADDITIONS TO EXISTING TWO STOREY DWELLING Applicant: R & M PEELE 2013/CB-00216 Lot 23 DP729843 8 ROY KEMP CLOSE CRESCENT HEAD ALTERATIONS & ADDITIONS TO EXISTING TWO STOREY DWELLING Applicant: MR A S FORREST


2013/CB-00227 Lot 1 DP734220 76 SMITH STREET KEMPSEY CHANGE OF USE & FIT OUT - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: MR J M PREEN 2013/CB-00228 Lot 10 DP834691 8 HAROLD HUGHES PLACE GREENHILL DWELLING - COMPLYING DEVELOPMENT - PRIVATE CERITIFER Applicant: HOTONDO HOMES 2013/CB-00231 Lot 593 DP732001 KINCHELA CREEK RIGHT BANK ROAD KINCHELA DWELLING & SWIMMING POOL - PRIVATE CERTIFIER Applicant: K & M BREEN 2013/CB-00236 Lot 122 DP1113802 46 UPPER BELMORE RIVER ROAD BELMORE RIVER ADDITIONS TO EXISTING DWELLING - COMPLYING DEVELOPMENT - PRIVATE

CERTIFIER Applicant: MR M J FROST 2013/CB-00237 Lot 1 DP311045 2 MEMORIAL AVENUE GLADSTONE SHED - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: MIDCOAST STEEL STRUCTURES 2013/CB-00238 Lot 1 DP332875 68 KINCHELA STREET GLADSTONE SHED - PRIVATE CERTIFIER Applicant: MACLEAY VALLEY SHEDS 2013/CB-00240 Lot 24 DP748740 GILBERT CORY STREET SOUTH WEST ROCKS NBN FIXED WIRELESS FACILITY - PRIVATE CERTIFIER Applicant: NBN CO. LIMITED 2013/CB-00242 Lot 11 DP255838 60 MARINE PARADE STUARTS POINT CARPORT - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: MIDCOAST STEEL STRUCTURES 2013/CB-00243 Lot 9 DP252385 17 WARNE DRIVE ALDAVILLA SHED - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: MIDCOAST STEEL STRUCTURES 2013/CB-00244 Lot 2 DP219777 40A INNES STREET EAST KEMPSEY ALTERATIONS & ADDITIONS TO DWELLING - COMPLYING DEVELOPMENT – PRIVATE

CERTIFIER Applicant: MR J CONOMOS 2013/CB-00245 Lot 6 DP1063239 1103 WILLI WILLI ROAD YESSABAH DWELLING ADDITIONS - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: MR G K JOHNSON 2013/CB-00246 Lot 361 DP610564 2 COLLIN TAIT AVENUE WEST KEMPSEY SHED, AWNING & CARPORT - PRIVATE CERTIFIER Applicant: MACLEAY VALLEY SHEDS 2013/CB-00247 Lot 2 DP960782 OLD STATION ROAD OLD STATION


DWELLING & SHED - PRIVATE CERTIFIER Applicant: MR R M COSTANZO 2013/CB-00248 Lot 3 DP1113014 37 TEAGUE DRIVE SOUTH KEMPSEY DWELLING - PRIVATE CERTIFIER Applicant: C HOLTMANN-MAINEY & E SAUNDERS 2013/CB-00250 Lot 40 DP874193 48 MARLIN DRIVE SOUTH WEST ROCKS DWELLING AND RETAINING WALL - PRIVATE CERTIFIER Applicant: PERRY HOMES (AUST) PTY LTD 2013/CB-00251 Lot 2 DP1073515 172 SETTLERS WAY SOUTH KEMPSEY DWELLING - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: MR L B D LECCIONES 2013/CB-00254 Lot 13 DP1043314 13 MILTON DUFTY PLACE EAST KEMPSEY SWIMMING POOL - COMPLYING DEVELOPMENT - PRIVATE CERITFIER Applicant: MR T MOOREHEAD 2013/CB-00255 Lot 301 DP840389 4 JOHN STREET KEMPSEY INTERNAL ALTERATIONS - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: KEMPSEY CHILDRENS SERVICES CO-OP LTD 2013/CB-00256 Lot 5 DP852705 2 NEWTON CLOSE SOUTH WEST ROCKS SWIMMING POOL - COMPLYING DEVELOPMENT - PRIVATE CERITFIER Applicant: MR G C SCHUBERT 2013/CB-00257 Lot 2 DP748740 38 OCEAN STREET SOUTH WEST ROCKS ALTERATION AND ADDITIONS - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: MR K J HILL 2013/CB-00258 Lot 24 DP12188 15 HIGH STREET SOUTH WEST ROCKS DECK REPLACEMENT - COMPLYING DEVELOPMENT - PRIVATE CERTIFIER Applicant: MR N E HODGES 2013/CB-00259 Lot 42 DP 545284 29 HODGSON STREET CRESCENT HEAD DWELLING ALTERATIONS & ADDITIONS - PRIVATE CERTIFIER Applicant: MR J ASHTON (Please note: This includes approvals by Private Certifiers). There were 24 applications approved. For the financial year to date there have been 139 approvals including 1 modifications approved, with 100% (139) approved within 30 days. STATE ENVIRONMENTAL PLANNING POLICY NO 1 – DEVELOPMENT STANDARDS (SEPP 1) APPLICATIONS In accordance with a Department of Planning direction, all applications determined involving the use of SEPP 1 to vary any development standard are required to be reported to Council for information.


During the preceding month there have been two applications approved which involved the use of SEPP 1. DA No.: T6-13-273 Subject Land: LOT 67 DP752433 & LOT 2 DP113057, 156 DENNIS ROAD, MUNGAY CREEK Description: BOUNDARY ADJUSTMENT Zoning: 1(a1)(RURAL “A1” ZONE) Instrument: Kempsey Local Environmental Plan 1987 Clause: 16(1)(a) & 17(3)(a) Variation: New Lot 3 - 78.8% Determined: Concurrence from Department of Planning and Infrastructure

Concurrence was granted in this instance as there is no public benefit in maintaining the standards, as the proposal does not raise any issues of State or regional significance. DA No.: T6-13-170 Subject Land: LOT 2 DP259889, 132 JOHN LANE ROAD, YARRAVEL Description: TWO (2) LOT SUBDIVISION Zoning: 1(a1)(Rural “A1” Zone) &

1(c) (Rural (Small Holdings) "C" Zone) Instrument: Kempsey Local Environmental Plan 1987 Clause No. 16(1)(a) Variation: Rural standard - 76% Determined: Concurrence from Department of Planning and Infrastructure Justification of Variation ● The land is already well below the minimum standard for the zone and the land zoned Rural

1(a1) will not be further fragmented; ● The proposal facilitates development of adjoining land zoned for rural residential purposes;

and ● The application does not raise issues of State or regional significance.

RESCISSION MOTIONS Kempsey Shire Council – Ordinary Meeting 17 December 2013

14 RESCISSION MOTIONS Nil

NOTICE OF MOTIONS Kempsey Shire Council – Ordinary Meeting 17 December 2013

15 NOTICES OF MOTION

ITEM 19 NOM1 - SMITH STREET BUS STOP

Delivery Program Activity: (SOD-04-02) Provide Access



File: 1575

REPORT SUMMARY While there are advantages to public transport being in a location close to the centre of the retail centre, due to the small public space area that is available, it is considered that the bus stop should be relocated to another location outside the Smith Street block, between Belgrave and Forth Streets. There should be opportunity to have a location identified that still is a short walk to the main areas around the town, such as the shops and services. RECOMMENDATION 1. That the current bus stop be removed from the design for Smith Street and relocate to a

suitable location outside of Smith Street (Belgrave to Forth Streets section).

2. That the design be adjusted to make the area more attractive to pedestrians while retaining the level of car parking allowed for in the design.

COMMENTARY Being able to see the proposed layout operating throughout the trial has allowed everyone to get a better understanding of the impact of the proposed plans. This has given a good indication as to whether the proposal will achieve the outcomes that we are looking for and that, overall, the community will benefit from. While the concept that public transport needs to be convenient to increase its usage is a reasonable approach to take, the amount of area that is available to the community to develop a town centre that is vibrant and attractive to locals and visitors is limited. The current bus stop proposal seems to take up a large section of space that would otherwise be available to be used for facilities that would increase the usability and attractiveness of the town centre. With the desire to increase the amount of parking in the area, there is limited space to create pedestrian-friendly areas that can be used to create social places. These social places will attract people into the area and increase the time they spend in our retail centre. More people coming into the area and spending more time should lead to increased spending. The existing parking capacity would seem to be meeting the demands and is important to the retailers. But convenient parking is only one aspect of what will attract people to shop in Kempsey rather than other centres. Moving the bus stop will only increase the walking distances that patrons of the service use by a small amount, with travel no more than people who park their cars in the car

NOTICE OF MOTION Kempsey Shire Council – Ordinary Meeting 17 December 2013

parks around town would do. In exchange, a large area will be available to improve our retail area product. Additionally, the buses using the stop blow exhaust fumes across the footpath and onto people. This detracts from the shopping experience. The buses are noisy and this noise can be minimised by finding an alternative location for the bus stop area. The buses bringing people into town service a much larger area than simply Smith Street. The retail area stretches from Riverside Park to Stuart Street to the north and west. Wherever the bus stop is located will mean some walking. The area we have to set up as our town centre shopping strip by comparison is relatively small. We need to maximise the value to the community of that one block and make it a great place and look for an alternative for creating a convenient bus stop to maximise the value for the community. The appropriate time to consider the public transport bus location needs is now, before the final implementation stage of the works, to get the overall benefit of the upgrade to Smith Street. It is timely to carefully consider bus stop locations while we are looking at parking needs of people with private vehicles and pedestrian spaces. ……………………………………. MAYOR – LIZ CAMPBELL

NOTICE OF MOTIONS Kempsey Shire Council – Ordinary Meeting 17 December 2013

ITEM 20 NOM2 - TREE TRIMMING UNDER POWERLINES

Delivery Program Activity: (SAD-08-01) Provide Street Lighting to Urban Areas and the Road Networks

Reporting Officer: Cr Betty Green


File: F12/124-02

REPORT SUMMARY I intend to move the following motion at the Ordinary meeting to be held Tuesday, 17 December 2013. RECOMMENDATION That Council diplomatically request the relevant utility company (Essential Energy) to restrict their under-powerline tree trimming activities in the Kempsey Shire to earlier in the calendar year. COMMENTARY Kempsey Shire and its residents are working hard to upgrade the facilities, look and feel of the Shire’s infrastructure and streetscapes to give a more positive image of its environs. In spring of this year (2013) the street trees throughout the Kempsey town and some other smaller residential areas were a beautiful picture with all the street trees in full colourful bloom and greatly enhanced the environment to the delight of our residents and visitors. Then along came the utility company’s contractors and seriously trimmed the under-wire trees which then contributed, not to the beautification of the town/s but actually caused them to be viewed as neglected and ready for removal. It is acknowledged that the under-wire trees do need to be trimmed for safety reasons, and that destruction of the environment and ambience of the Shire’s towns was not the intent of the contractors nor the utility service. However, this is what occurred. If this activity could be carried out at an earlier time in the trees’ growth and flowering cycle (March or April) it would meet the needs of the utility service and of our community by allowing new growth which leads to flowering to occur in the spring. It is now two months since the trees were seriously trimmed and, with some rain, they are now looking healthy again but unfortunately there are no flowers to beautify our streetscapes. To quote a well-known Kempsey person,” poor looking street areas attract antisocial behaviour, while good looking streetscapes do not”. ………………………………..…. COUNCILLOR E A GREEN

NOTICE OF MOTION Kempsey Shire Council – Ordinary Meeting 17 December 2013

ITEM 21 NOM3 - TROPICAL SODA APPLE

Delivery Program Activity: (HD-04-05) Minimise the Impact of Noxious Weeds on the Environment and Economy

Reporting Officer: Cr Dean Saul

Effect of Recommendation on Budget: To be determined.

File: F12/316-02

REPORT SUMMARY I intend to move the following motion at the Ordinary meeting to be held Tuesday, 17 December 2013. RECOMMENDATION 1 That Council continues to highlight through the media the ongoing need for landholders to

take action to eradicate Tropical Soda Apple plants already established on their properties. 2 That, as a matter of urgency, Council engages with our State and Federal Members of

Parliament to raise awareness of the spread of Tropical Soda Apple and the social, environmental and financial impact that any such infestation has on a property and the landholder.

3 That landholders be notified of the hefty penalties that may be incurred for non-

compliance, in respect to the need to undertake an eradication program on their property under the Noxious Weeds Act.

COMMENTARY Concerns have been raised by the Mid North Coast Weeds Co-ordination Committee about the rapid expansion of Tropical Soda Apple plants found on the Macleay riverfront and of the discovery of further infestations downstream. Each major rainfall event seemingly triggers additional outbreaks and landholders need to realise the importance of undertaking an effective eradication program. ……………………………..…. COUNCILLOR D F SAUL

DELEGATE’S REPORTS Kempsey Shire Council – Ordinary Meeting 17 December 2013

16 DELEGATE REPORTS Nil

COMMITTEE REPORTS Kempsey Shire Council – Ordinary Meeting 17 December 2013

17 COMMITTEE REPORTS Nil


18 DELIVERY PROGRAM PERFORMANCE INDICATORS

ITEM 22 KEY PERFORMANCE INDICATORS

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

Reporting Officer: Manager Information and Governance


File: F12/756

REPORT SUMMARY Reporting the key performance indicators which did not achieve targets for the month of November 2013. RECOMMENDATION That the information be noted. COMMENTARY

Indicator Target Y.T.D. Comment

Percentage of all Development Applications approved within 30 days.

85% 84.23%

Number of compliant development application audits

95% 93.98%

Collection of contained stray dogs/cats within 6 hours

90% 88.79%

65 requests were received with 55 collected within 6 hours for the month of November. YTD 223.

Percentage of properties with infestations

25% 100%

74 inspections undertaken during November. YTD 286. Currently only inspecting suspected properties with TSA.

Please note that these indicators are reported annually:

Indicator – Annually Target Y.T.D. Comment

Percentage of food premises inspected per annum.

85% 32.89%

52 inspections undertaken during November. YTD 100 - 304 inspections required for the year

Number of environmental health inspections per annum

500 252

64 inspections carried out during November. YTD 252.

Percentage of compliant food inspections 85% 86.53%

52 Inspections undertaken during November.

Required Annual Fire Safety Certificates are provided

100% 44%

29 certificates required for November. 369 certificates required for the year. YTD 162.

Number of education programs on weeds per annum

2 2

Field day with Landcare Willawarrin

DELIVERY PROGRAM PERFORMANCE INDICATORSKempsey Shire Council – Ordinary Meeting 17 December 2013

Indicator – Annually Target Y.T.D. Comment

Area of residential land made available for development

50 ha

New indicator – no data collected yet.

Area of land rezoned for industrial development

8 ha


Number of environmental education projects per annum

12 5

Tank Radio – Koala Project

Percentage of people enrolled in tertiary education

5%


Level of farm output $124m


Number of visitor night stays has increased

10%


Customer abandoned calls per month Less than

5% 5.99%

4.22% for November 2013

Number of Customer Surveys Completed per annum - online

350 0

0 for November 2013

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

>90% 72.37%

73.84% for November 2013 Organisation wide

Hours of internet usage by the community at Council libraries

11,000 3,831

624 for November 2013

Number of visitors to our Visitor Information Centres 55,000 14,317

1,304 for November 2013 Kempsey: 514 SWR: 790

Percentage of non-critical flood warning sites inspected and serviced within the last twelve months

60% 16.5%

One site was inspected this month. Target is 2 per month

Percentage of High traffic roads slashed within last four months

75% 44.5%

No data available this month

Percentage of Medium traffic roads slashed within last eight months

60% 49.5%


Number of complaints about litter on roadsides and public spaces per year

<20 23

4 complaints were received this month

Length of Council maintained gravel roads graded at least once a year as a percentage of the total road length.

70% 70.1%


Percentage of critical signs or guideposts found damaged/missing replaced within 10 days

95% 94.7%

2 critical signs or guideposts found missing this month

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

90% N/A

No blockages reported this month

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

60% 34.3%

Below target

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

5% 1.4%

Below target

Waste – Quantity of material disposed of to landfill over the last 12 months

<14,000t 16,781t

Below target

Visitor Information Centres – November 2013

Calls Emails


Kempsey 250 753

South West Rocks 24 -

Totals 274 753

Wi-Fi Users – Libraries – November 2013

Kempsey 706

South West Rocks 50

Stuarts Point 99

Totals 855

Following the last meeting, action was undertaken to investigate the reason for water quality tests failing to comply with the Australian Drinking Water Guidelines. Each of the non-compliant tests was identified to be resulting from a lack of residual chlorine at Crescent Head. As this system used Chloramination it is likely that this will continue to occur for every test due to the type of process used. Action will be taken to remove these results from the figures reported to Council as they give information which is misleading. The annual target for complaints regarding litter along roadsides has been exceeded this month. Last year the target was exceeded by over 100%. The results reported in this indicator show all customer requests in relation to rubbish being dumped or littering and they may not necessarily constitute a “complaint”. There are a few identified hot spots for road side littering in West Kempsey and South Kempsey and attempts are made for these areas to be cleaned prior to roadside slashing. Illegal dumping hotspots include Sandy Creek Road, Burnt Bridge and Verges Creek Road, where everything from a few garbage bags to whole sofas are being regularly dumped. The KPI is only intended to capture complaints regarding litter on the roadsides and further consideration will be given to excluding complaints regarding illegal dumping of rubbish along roadsides. Council currently undertaking a waste strategy review which will assist in addressing this matter.

DELIVERY PROGRAM PERFORMANCE INDICATORSKempsey Shire Council – Ordinary Meeting 17 December 2013

ITEM 23 PREVIOUS RESOLUTIONS UPDATE


Reporting Officer: Director Corporate Management


File: N/A

REPORT SUMMARY Reporting on the previous resolutions update for the month of November 2013. RECOMMENDATION That the information be noted. COMMENTARY * Procedure on payment of expenses and provision of facilities to the Mayor and Councillors:

the procedure has been placed on Council’s website and Division of Local Government notified in accordance with section 253(4) of the Local Government Act 1993 [Item 15, 19 November 2013 (2013.344)].

* Proposed Dwelling at Hat Head T6-10-17 – Development consent for a proposed dwelling at

Hat Head has been issued. [Works Committee Inspection, 25 November 2013 (2013.368)]. * Frederickton Old Butter Factory LA13090 - Request for a reduction in water access charges

due to particular circumstances for the owner of the old butter factory at Frederickton [Item 18, 19 November 2013 (2013.354)] Council has written to the property owner’s solicitor advising of the outcome from Council’s previous meeting.

COUNCILLOR QUESTIONS Kempsey Shire Council – Ordinary Meeting 17 December 2013

19 COUNCILLOR QUESTIONS

2013-11-19

WD-05-03 RJS

COUNCILLOR D F SAUL FILE: F12/227-02 (D13/36517)

QFNM1

Have received a complaint from a resident of Mungay Creek Road who states there was a bulldozer driving on the road after it’s just been graded. Can Council do anything about it?

RESPONSE:

Only vehicles that are road registered may travel upon a public road. Unregistered vehicles may still be eligible for a permit. It is unlikely that a dozer would have a permit as the tracks are likely to result in damage to the road pavement.

There are provisions under the Local Government Act for Council to recover the costs of restoring damage caused to the road network by individuals who are not using the road in a lawful manner. In these circumstances, the onus is upon Council to prove the person is responsible for the damage and, if necessary, take legal action to recover the actual costs of restoring the damage. In most circumstances, it would not be worth Council’s costs to pursue action as the level of damage relative to the legal costs associated with recovery would not warrant this action.

Notwithstanding this, Council will investigate and action any information that is provided and concerned residents should contact Council’s Customer Services staff.

2013-11-19

WD-03-02 RJS


QFNM2

What are the plans for the future of the old water pipes at the Saleyards? Are they going to be sold?

RESPONSE:

There are a small number of pipes currently held at the Saleyards complex being left over from previous works undertaken on-site. There are no immediate plans for use of these materials; however, the materials are not degrading to a point where they will become unsuitable for future use.

Council is of the opinion that these materials can be used as part of the next round of improvement and maintenance purposes, so they will be transferred to the shipping containers for storage.

In the event that the surplus materials were to be sold, the most appropriate method used for the disposal of surplus materials would be via public auction. Council has previously used public auction to dispose of surplus materials in a manner that is fair and transparent to all of the community. Direct sales to any interested residents would not be supported.

2013-11-19


HD-04-05 RBP


QFNM3 There was an incident at McCarthys Lane Clybucca where herbicide was sprayed on Landcare funded cedar trees. Has Council had any involvement with this or action in regard to this?

RESPONSE: Council carried out Lantana and Privet control on the Highway in September, including near McCarthys Lane. The contractor was unaware that there were plants on the fenceline due to overgrown grass and privet on the roadside. Unfortunately some plants were affected and are dead, these were Eucalyptus robusta.

The landowner contacted the Weeds Officer and an offer made to replace the trees with replanting to be undertaken by the Contractor.

2013-11-19

HD-01-01 RJS

COUNCILLOR E A GREEN FILE: F12/227-02 (D13/36513)

QFNM1

At 32 Lika Drive South Kempsey they can’t find their water meter. Can we look and see if they have one?

RESPONSE:

The Director Infrastructure Services advised this is a matter for a work order.

2013-11-19

SAD-06-02 RJS

COUNCILLOR S E MCGINN FILE: F12/227-02 (D13/36514)

QFNM1

Can Council be given an update on the South West Rocks shelter shed?

RESPONSE:

The Director Infrastructure Services advised that information was sent out to Councillors earlier but it won’t be open fully by 1 December.

UPDATED RESPONSE:

The wet weather towards the end of November has delayed critical aspects of the project associated with completion of the roofing work and rendering of the landscaping brickwork. As a result, the expected date for completion of the facility has slipped back to the 18 December 2013 and it is possible that the works will not actually be complete prior to 20 December 2013. Council’s contractor will be working as much as possible to ensure the facility is open before Christmas.

2013-11-19

CAD-01-01 KEO


COUNCILLOR B J MORRIS FILE: F12/227-02 (D13/36515)

QFNM1

What form will the public consultation regarding the rate increase take and when is it likely to occur?

RESPONSE:

Information public consultations have been conducted at South West Rocks and Kempsey. Letters to all ratepayers will also explain the rate increase. Online survey and rates calculators are available. Additional consultations can be scheduled following feedback.

2013-11-19

WD-05-03 RJS


QFNM2

What was the cost to rectify the entrance of the Clyde Street Mall?

RESPONSE:

The costs recently incurred by Council to replace the pavers at the entrance to the Clyde Street Mall was $15,293.

The use by Council of a special purpose adhesive made the process particularly tedious and time consuming and a separate information update report was provided to Council regarding this matter.

2013-11-19

RJS


QFNM3

What is the scope of works and estimated cost of the works being undertaken in the location of the old toilet blocks in Civic Centre?

RESPONSE:

Scope of works for the current refurbishment project includes:

Upgrading of the building access to disabled compliant and also to remove the tripping hazard present in the foyer

Conversion of the public toilets to staff amenities with access internally from within the building

Provision of mobility compliant (ambulant) amenities

Provision of an additional shower facility for staff

. Installation of water saving plumbing fixtures and fittings.

The estimated cost of the works is approximately $80,000.

2013-11-19

SAD-08-02 RJS


COUNCILLOR A P PATTERSON FILE: F12/227-02 (D13/36516)

QFNM1

Can we investigate from whom we should be applying for funding to tar and open paper road South Street?

RESPONSE:

The unformed road reserve that extends South Street to Gowings Hill Road is currently dedicated as a public road. This permits any member of the public full and free right to travel along the road at any time and also results in Council being the default road authority for this section of land whether the road is formed or not. Therefore, Council is responsible for the maintenance and upgrading of the road within the levels of service adopted and the resource/ budgetary constraints of the Council.

Most commonly, the extension of the local road network is a result of development which requires additional sections of road to be constructed in order to provide access to the developed properties. In these cases, Council requires the developer to construct the road to Council’s standard at their cost. As the unformed section of road reserve in South Street does not have any properties with short to medium term prospects of development this is unlikely to occur.

Being part of an arterial route, there are developments proposed in the Dondingalong and Euroka areas which would benefit from an alternative link back to the Macleay Valley Way bypassing the residential area of Middleton Street. This can be achieved through inclusion of the proposed works in the Development Control Plan for this area, allowing funding to be planned for in the Major Roads Development Contribution Plan. This may provide an opportunity in the medium term to fund and undertake these works.

Considering the circumstances of this matter, other opportunities could be available through social and community development programs; however, no specific programs have been identified as being suitable.

The current funding programs available for infrastructure development are restricted to current infrastructure renewal and improvements or the provision of new infrastructure on the basis of its economic value to business and/or industry. As there are two routes into this area at present, it is unlikely that an economic case could be demonstrated to a point where an application would be successful.

2013-11-19

SAD-03-01 KEO


QFNM2

Where are we up to with installation of security cameras business district Kempsey? If we haven’t done anything because of lack of funding, where are we up to in apply for funding for installation?

RESPONSE:

CCTV is on Council’s agenda and we are searching for funding to install CCTV in the Central Business District of Kempsey. This type of funding however is usually only available from the Federal Government and to this point has not become available. Council will continue to search for funding and will apply if and when an opportunity arises.


2013-11-19

SAD-01-02 RJS


QFNM3

What is the cost of solar powered lighting for Frederickton boat ramp? The cost of installation and the cost of maintenance?

RESPONSE:

Initial enquiries with one supplier indicates that the cost to supply and install a solar light system suitable for public areas is approximately $7,000 per unit. There is an opportunity to reduce that cost by $2,000 to $3,000 through choosing a lower output luminaire or reducing the length of time the light can operate for during the night. Considering the intention of lighting the area suitable for launching and retrieval of boats during the night time, two units may be required. Whilst ongoing operating costs will be minimal, there would be occasional maintenance of the systems required including replacement of the batteries and luminaires. An approximate annualised cost of this is $100 per year; however, this will be dependent upon how long the lights and batteries last.

CONFIDENTIAL ITEMS Kempsey Shire Council – Ordinary Meeting 17 December 2013

20 CONFIDENTIAL ITEMS

MOTION FOR CONFIDENTIAL SESSION In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in section 10A(2) of the Act, and should be dealt with in a part of the meeting closed to the media and public. Set out below is section 10A(2) of the Local Government Act 1993 in relation to matters which can be dealt with in the closed part of a meeting. The matters and information are the following: (a) personnel matters concerning particular individuals (other than councillors) (b) the personal hardship of any resident or ratepayer (c) information that would, if disclosed, confer a commercial advantage on a person with whom

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

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

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

(iii) reveal a trade secret (e) information that would, if disclosed, prejudice the maintenance of law (f) matters affecting the security of the Council, councillors, council staff or Council property (g) advice concerning litigation, or advice that would otherwise be privileged from production in

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

on community land. Councillors are reminded of their statutory obligations in relation to the non-disclosure to any outside person of matters included in this section. That Council form itself into the Confidential Session, and at this stage, the meeting be closed to the public to permit discussion of the confidential business items listed for the reasons as stated in the Agenda.

CONFIDENTIAL Kempsey Shire Council – Ordinary Meeting 17 December 2013

ITEM 24 DEVELOPMENT WITHOUT CONSENT




File: F12/53-02 LA9786

Section 10A(2)(e) – Maintenance of Law This report is submitted on a confidential basis as it involves information that would, if disclosed, prejudice the maintenance of law. (Local Government Act 1993, section 10A(2)(e)) On balance, the public interest in preserving the confidentiality of the information which relates to matters of law, outweighs the public interest in openness and transparency in council decision making by discussing the matter in open meeting.






File: F12/53-02 LA23024

Section 10A(2)(e) – Maintenance of Law This report is submitted on a confidential basis as it involves information that would, if disclosed, prejudice the maintenance of law (Local Government Act 1993, section 10A (2) (e)). On balance, the public interest in preserving the confidentiality of the information which relates to matters of law, outweighs the public interest in openness and transparency in council decision making by discussing the matter in open meeting.






File: F12/53-02 LA14659

Section 10A(2)(e) – Maintenance of Law This report is submitted on a confidential basis as it involves information that would, if disclosed, prejudice the maintenance of law (Local Government Act 1993, section 10A (2) (e)). On balance, the public interest in preserving the confidentiality of the information which relates to matters of law, outweighs the public interest in openness and transparency in council decision making by discussing the matter in open meeting.


ITEM 27 VARIOUS LEGAL MATTERS


Reporting Officer: Director Corporate Management


File: F12/250-02

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


ITEM 28 GENERAL MANAGER’S CONTRACT RENEWAL




File: RAW/28100

Section 10A(2)(a) – Personnel Matters This report is submitted on a confidential basis as it involves personnel matters concerning particular individuals (other than Councillors). (Local Government Act 1993, section 10A(2)(a)) On balance, the public interest in preserving the confidentiality of the commercial information supplied, outweighs the public interest in openness and transparency in council decision making by discussing the matter in open meeting.

CONCLUSION Kempsey Shire Council – Ordinary Meeting 17 December 2013

21 CONCLUSION

SOUTH WEST ROCKS PRESERVATION OF HISTORICAL SITES AND BUILDINGS (R95076) RESERVE TRUST


MEETING NOTICE

CRESCENT HEAD CARAVAN PARK AND RECREATION RESERVE (R63725) TRUST

TRUST MANAGERS: KEMPSEY SHIRE COUNCIL

Your attendance is requested at a meeting of the Reserve Trusts to be held at the Council Chambers on Tuesday 17 December 2013 (at the conclusion of the Council meeting). The purpose of the meeting is detailed hereunder. David Rawlings GENERAL MANAGER

AGENDA 1 Apologies 2 Report

2013/14 PUBLIC RESERVES MANAGEMENT FUND PROGRAM GRANT OFFER RECOMMENDATION That the grant funding offer in the amount of $45,000 be accepted. Council has recently received confirmation from the NSW State Government that the application, in the capacity as a Reserve Trust Manager has successfully received a grant funding offer under the abovementioned program for the extension of the footpath around Crescent Head Reserve foreshore. The application was for $45,000 and the full amount has been offered in the grant approval. The scope of the project includes the extension of the existing footpath in front of the Surf Club to complete the missing link, formalise a beach access and provide additional seating. Earlier this year Council undertook work to restore the rock protection to this foreshore area and the extension of the footpath is an ideal to complete this area prior to the replacement of the adjacent Surf Club building. On the basis that the project is fully funded by the grant it is recommended that the grant offer be accepted. Council will need to consider the impact that this project will have on delivery of the current Operating Plan and it is proposed to report on a review of progress in February 2014.



MEETING NOTICE


TRUST MANAGERS: KEMPSEY SHIRE COUNCIL

Your attendance is requested at a meeting of the Reserve Trusts to be held at the Council Chambers on Tuesday 17 December 2013 (at the conclusion of the Council meeting). The purpose of the meeting is detailed hereunder. David Rawlings GENERAL MANAGER

AGENDA 1 Apologies 2 Report

2013/14 PUBLIC RESERVES MANAGEMENT FUND PROGRAM GRANT OFFER FILE: F12/341-02 (D13/36902) RECOMMENDATION That the grant funding offer in the amount of $90,000 be accepted. Council has recently received confirmation from the NSW State Government that the application, in the capacity as a Reserve Trust Manager for the completion of the footpath around Point Briner in Horseshoe Bay, has successfully received a grant funding offer under the abovementioned program. Whilst the application was for an amount of $163,700, the grant approval is for an amount of $90,000. The scope of the project includes the extension of the existing footpath from in front of the historic flagstaff complex around Point Briner to link in with the existing pedestrian thoroughfares in Back Creek. This will complete the final link in the foreshore footpath between Back Creek and Arakoon and provide continuity for current users. At present, the users of the footpath are forced to continue through the caravan park area in order to get to Back Creek and this has previously been attributed to conflicts between the use of the land for a caravan park and the provision of public access. The successful completion of this project would alleviate the conflict that exists with access in this area.



In addition, Council has been developing the concept of replicating the historic Five Day Creek Timber Truss Bridge as part of the footpath extension and link to Back Creek. A pedestrian footbridge is required to span a gap between the rocky outcrops on Point Briner. Considering the recent demolition of the historic timber truss bridge at Five Day Creek and the proximity of the site to Council’s remaining heritage item, the historic flagstaff and flag locker buildings, it would be a good opportunity for Council to somehow incorporate the Five Day Creek structure into the new footbridge. The Five Day Creek Bridge structure was demolished by the Roads and Maritime Services (RMS) during October 2013. This was an action out of the RMS’s strategy for managing heritage listed timber-framed bridges across the state. Whilst the Five Day Creek Bridge was one of only four bridges of its type in the state, it was no longer in use and was gradually falling further and further into a state of complete disrepair. During the demolition process, Council requested that consideration be given to the salvaging of the trusses and the custom steel fittings. The RMS granted Council’s request and the trusses together with the steel fittings are currently being stored in Council’s Depot. On the basis that the shortfall in estimated funding for the project can be covered through Section 94 funds (as separately reported to Council) it is recommended that the funding offer be accepted and that work on the project commence. Council will need to consider the impact that this project will have on delivery of the current Operating Plan and it is proposed to report on a review of progress in February 2014.

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