Edited Minutes of the ordinary meeting of Kempsey Shire ... · 5/16/2017 · Baxter F Campbell F Hauville F McGinn F Morris F Patterson F Saul F Shields F Williams F ITEM 13.3 PLANNING

Kempsey Shire Council – ordinary meeting 16 May 2017 Page 1

MINUTES OF THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL 16 May 2017 commencing at 9.00am. PRESENT: Councillors E A Campbell (Mayor and Chairman), M J Baxter, L J Hauville, S E McGinn, B J Morris, A P Patterson, D F Saul, A T Shields and A J Williams General Manager, D L Rawlings; Director Sustainable Environment, R B Pitt; Director Community Engagement, K E Oliver; Director Infrastructure Services, R J Scott; Director Corporate Management, D B Hagger; Manager Information Management and Governance, D S Thoroughgood; and Minute Taker D M Pearson.

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

2 ACKNOWLEDGEMENT OF THE TRADITIONAL ABORIGINAL LAND OWNERS “Council acknowledges that this meeting is being held on the traditional lands of the Dunghutti People”.

3 APOLOGIES Nil

4 DECLARATIONS OF INTEREST Councillor Saul declared a pecuniary interest in item 13.4 for the reason that he is an adjoining neighbour.

5 ASSESSMENT OF ITEMS LISTED FOR CONFIDENTIAL CONSIDERATION

2017.138 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Patterson That the confidential reports be considered in the confidential section of the meeting.


6 CONFIRMATION OF MINUTES MOVED: Moved: Cl. Shields Seconded: Cl. Williams That the minutes of the ordinary meeting of Kempsey Shire Council dated 18 April 2017 be confirmed. An Amendment was MOVED: Moved: Cl. Hauville Seconded: Cl. Patterson That the minutes of the ordinary meeting of Kempsey Shire Council dated 18 April 2017 be amended to note at item 15.2 the Mayor ruled Councillor Hauville was not allowed to speak to his motion as an amendment had been moved, citing incorrectly the Code of Meeting Practice. The AMENDMENT was PUT to the Meeting and was LOST. A Division resulted in the following votes. F = Voted For A = Voted Against

Baxter A Campbell A Hauville F McGinn A Morris F

Patterson F Saul F Shields A Williams A

2017.139 The MOTION was PUT to the MEETING and was CARRIED.

7 CITIZENSHIP CEREMONIES Nil

8 PUBLIC FORUM / PRESENTATIONS Public Forum 1 - Ms Donna Clarke – Land Dynamics and Robert Wicks addressed Council speaking in

relation to item 13.3 Planning Proposal - Felton’s Lane, Hampden Hall. 2 - Mr Adam Ulrick addressed Council speaking on a non-agenda item DA Kempsey airport

process.

2017.140 RESOLVED Moved: Cl. Morris Seconded: Cl. Hauville That Mr Ulrick be granted an extension of time to complete his presentation.

9 CONSIDERATION OF MOTIONS FOR SUPPLEMENTARY REPORTS AND MOTIONS


FOR CHANGES TO THE ORDER OF BUSINESS

2017.141 RESOLVED: Moved: Cl. Morris Seconded: Cl. Baxter That the Agenda Order of Business be adopted and the late reports be considered in conjunction with the relevant Councillor or Community Strategic Plan reports.

10 CONSIDERATION OF REPORTS RELATING TO PUBLIC FORUM MATTERS

2017.142 RESOLVED: Moved: Cl. Morris Seconded: Cl. Patterson That the reports 13.3 and 15.4 addressed in public forum be brought forward and dealt with immediately.

ITEM 13.3 PLANNING PROPOSAL - FELTON’S LANE, HAMPDEN HALL

Contact Person: Robert Pitt – Director Sustainable Environment File: F12/1327-01

PURPOSE The purpose of this report is to advise that a Planning Proposal has been lodged to amend Kempsey Local Environmental Plan (KLEP) 2013 to reduce the permissible minimum lot size for a rural land parcel at Hampden Hall.

2017.143 RESOLVED Moved: Cl. Saul Seconded: Cl. Shields That the Planning Proposal and associated documentation be submitted to the Minister for Planning for consideration of issuing a “gateway determination” pursuant to Section 56 of the Environmental Planning and Assessment Act 1979. A Division resulted in the following votes. F = Voted For A = Voted Against

Baxter F Campbell F Hauville F McGinn F Morris F

Patterson F Saul F Shields F Williams F

ITEM 15.4 PUBLIC MEETING UPDATING COMMUNITY ON AIRPORT DEVELOPMENT APPLICATION

Contact Person: Leo Hauville – Councillor File: T6-16-444 F12/1895

MOVED Moved: Cl. Hauville


Seconded: Cl. Morris That Council organise an independent facilitated community workshops including an evening workshop, as soon as reasonably possible, where Council will outline the present situation at Kempsey Airport regarding the Australian International Aviation College (AIAC) Development Application and the Memorandum of Understanding. This meeting will enable full dialogue with the community on all issues. The Fly Neighbourly Agreement progress should also be addressed. WORKSHOP

2017.144 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Shields That Council move into workshop to allow discussion in open Council on item 15.4 MOTION TO RESUME COUNCIL MEETING

2017.145 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Shields That the formal Council meeting be resumed.

2017.146 The MOTION was PUT to the MEETING and was CARRIED. The Mayor noted that the forgoing resolution was passed UNANIMOUSLY.

11 CONSIDERATION OF REPORTS RELATING TO A CONSENSUS MOTION

2017.147 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Williams That recommendations in items 13.7, 13.8, 13.15, 13.17 and 18.1 be adopted.

ITEM 13.7 TENDER FOR PROVISION OF WATER METER READING SERVICES

Contact Person: Kathy Oliver – Director Community Engagement File: TQE16/15

PURPOSE To select the best fit for purpose supplier from the submissions received by the Tender Evaluation Panel for the provision of water meter reading services.

2017.148 RESOLVED Moved: Cl. McGinn Seconded: Cl. Williams That the tender from P & C Meter Reading for $431,371.20 for the period of three (3) years from 5 June 2017 to 3 April 2020 be accepted.

ITEM 13.8 TENDER FOR THE SUPPLY AND DELIVERY OF BULK FUEL AND OIL


Contact Person: Kathy Oliver – Director Community Engagement File: F12/1779

PURPOSE To accept the recommendation from the Tender Evaluation Panel for the supply and delivery of bulk fuel and oil from 1 July 2017 to 30 June 2019.

2017.149 RESOLVED Moved: Cl. McGinn Seconded: Cl. Williams 1 That the tender from Park Pty Ltd for bulk fuel and the tender from Redpoint for oils and

lubricants for the period 1 July 2017 to 30 June 2019 be accepted. 2 That provision be allowed for a 12-month extension based on satisfactory supplier

performance which may take this tender through to 30 June 2020.

ITEM 13.15 SUPPLY AND DELIVERY OF DGB20, DGS20 AND DGS40 GRAVEL

Contact Person: Tony Green – Manager, Engineering Works File: TQE 16/16

PURPOSE Provide Council with a report on the supply of DGB20, DGS20 and DGS40 gravel purchased.

2017.150 RESOLVED Moved: Cl. McGinn Seconded: Cl. Williams That the information be noted.

ITEM 13.17 DEVELOPMENT APPROVALS AND CONSTRUCTION CERTIFICATES

Contact Person: Robert Pitt – Director Sustainable Environment File: N/A

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


ITEM 18.1 KEY PERFORMANCE INDICATORS

Contact Person: Kathy Oliver – Director Community Engagement File: F12/1908


PURPOSE Updating status of key performance indicators.


12 MAYORAL MINUTES Nil

13 STAFF REPORTS

ITEM 13.1 ACCESS ROAD – CRESCENT HEAD

Contact Person: Robert Pitt – Director Sustainable Environment File: KLEP2013-AM-1

PURPOSE Council has received advice from the Office of Local Government declining a request to acquire Crown land for the purposes of providing access to land west of Baker Drive for which it is recommended that reconsideration be sought.

2017.153 RESOLVED Moved: Cl. Saul Seconded: Cl. Patterson That the acquisition of Crown land west of Baker Drive, Crescent Head be compulsory acquired as there is a broad community benefit in addressing the structural changes impacting on Crescent Head through creation of developable land and more affordable housing options. A Division resulted in the following votes. F = Voted For A = Voted Against



At this stage 10.27am the meeting adjourned for morning tea and upon resumption at 10.48am all present at the adjournment were in attendance.

ITEM 13.2 SOUTH KEMPSEY VILLAGE PRECINCT PLANNING PROPOSAL

Contact Person: Robert Pitt – Director Sustainable Environment File: KLEP2013-AM-15


PURPOSE To report on the outcomes of the public exhibition for the Planning Proposal for Draft Kempsey LEP Amendment No 15, South Kempsey Village Precinct, to rezone various lots from R1 General Residential to R3 Medium Density Residential and B4 Mixed Use; from R3 Medium Density Residential to B4 Mixed Use, and from B2 Local Centre to B4 Mixed Use purposes.

2017.154 RESOLVED Moved: Cl. Morris Seconded: Cl. Saul That Council exercise its delegated authority from the NSW Department of Planning and Environment (DPE) to make the LEP Amendment. A Division resulted in the following votes. F = Voted For A = Voted Against



ITEM 13.3 PLANNING PROPOSAL - FELTON’S LANE, HAMPDEN HALL

Contact Person: Robert Pitt – Director Sustainable Environment File: F12/1327-01

This report was dealt with earlier in the meeting just after PUBLIC FORUM. Councillor Saul declared a pecuniary interest in item for the reason that he is a neighbouring property owner and retired from the Chamber.

ITEM 13.4 ANIMAL BREEDING FACILITY

Contact Person: Erin Fuller - Manager Development Assessment File: T6-17-79

PURPOSE A Development Application for an “animal breeding facility” has been submitted by a Council staff member, which in accordance with Council Procedure 1.1.13, is required to be referred to the Council for consideration and determination. Applicant: Egan G Property: Lot 102 DP882719, 1399 Macleay Valley Way, Seven Oaks Zone: RU1 Primary Production Zone

2017.155 RESOLVED Moved: Cl. Morris Seconded: Cl. McGinn


That development consent be granted to development application T6-17-079 for the animal breeding facility at Lot 102 DP882719, 1399 Macleay Valley Way, Seven Oaks, subject to the

conditions contained in (Appendix G - Page 109). A Division resulted in the following votes. F = Voted For A = Voted Against


Patterson F Saul - Shields F Williams F

Councillor Saul returned to the Chamber.

ITEM 13.5 MIDROC CONTAMINATED LAND POLICY

Contact Person: Ken Ward - Manager Regulatory Compliance File: F12/1315-02 (1.1.18)

PURPOSE To consider submissions received during the exhibition period for Council’s draft Contaminated Land Policy (the ‘Policy’) prepared in conjunction with Mid North Coast Regional Organisation of Councils

(MIDROC) (Appendix H - Page 116).

2017.156 RESOLVED Moved: Cl. McGinn Seconded: Cl. Shields That the Contaminated Land Policy incorporating amendments referred to in this report be adopted. A Division resulted in the following votes. F = Voted For A = Voted Against



ITEM 13.6 MAYORAL AND COUNCILLOR FEES FOR 2017/2018

Contact Person: Daryl Hagger – Director Corporate Management File: F12/417-05

PURPOSE To set mayor and councillor fees for Kempsey Shire Council for 2017/2018 following the determination of the Local Government Remuneration Tribunal.

2017.157 RESOLVED Moved: Cl. McGinn Seconded: Cl. Saul


That the Kempsey Shire Council mayor and councillor fees payable for the 2017/2018 year be the maximum allowed for regional rural categorised councils as determined by the Local Government Remuneration Tribunal.

ITEM 13.9 REVIEW OF ROADWORKS PROGRAM

Contact Person: Tony Green – Manager Engineering Works File: F12/1859

PURPOSE To advise of proposed variations to the 2016/2017 Roadworks Program for projects at South West Rocks. MOVED Moved: Cl. Shields Seconded: Cl. Morris That the variations to the 2016/2017 Roadworks Program related to projects proposed for South West Rocks be noted.

2017.158 RESOLVED Moved: Cl. Williams Seconded: Cl. Shields That the MOTION be PUT.

2017.159 The MOTION was PUT to the MEETING and was CARRIED.

ITEM 13.10 RIVERSIDE PARK WHARF AND JERSEYVILLE PONTOON – NSW BOATING NOW INITIATIVE

Contact Person: Trevor Dickson – Manager Technical & Civic Services File: F12/1378

PURPOSE To provide an update on the design/approval process and a new target date for project completion.

2017.160 RESOLVED Moved: Cl. Patterson Seconded: Cl. McGinn That the completion date for the construction of the new wharf at Riverside Park and the new pontoon at Jerseyville Boat Ramp be changed to December 2017.

ITEM 13.11 PROVISION OF BEACH PATROLS SERVICES

Contact Person: Robert Scott – Director Infrastructure Services File: F12/161-05

PURPOSE


To consider an extension of the current contract for beach patrol services and investigate the options of a joint tender process with Nambucca and Bellingen Councils.

2017.161 RESOLVED Moved: Cl. Morris Seconded: Cl. Patterson 1 That the provision of beach patrols services with Australian Lifeguard Services be extended

for the 2017/2018 period. 2 That a joint tender process be conducted with Kempsey, Nambucca and Bellingen Councils

for the provision of surf lifesaving services for a period of five years from the 2018 season. An Amendment was MOVED: Moved: Cl. Hauville Seconded: Cl. * That Councillors be emailed the costings of the present contract. The Amendment LAPSED for want of a SECONDER.

ITEM 13.12 MATTERS IN PROGRESS

Contact Person: David Rawlings – General Manager File: F12/1930

PURPOSE To update Councillors on the progress of resolutions of Council

2017.162 RESOLVED Moved: Cl. Morris Seconded: Cl. McGinn That the information be noted.

ITEM 13.13 PROJECT COMPLETION REPORTS

Contact Person: Robert Scott – Director Infrastructure Services File: F12/1859

PURPOSE To consider the completion reports for projects completed in the last month. MOVED Moved: Cl. McGinn Seconded: Cl. Patterson That the project completion reports be noted. An Amendment was MOVED: Moved: Cl. Morris Seconded: Cl. Hauville


That an updated report be brought back to Council with a revised completion date for Middleton Street.

2017.163 The AMENDMENT was PUT to the MEETING and was CARRIED.

ITEM 13.14 SERVICE REVIEW STATUS UPDATE

Contact Person: Daryl Hagger – Director Corporate Management File: F12/1418/01

PURPOSE To provide a progress report for service reviews being undertaken.

2017.164 RESOLVED Moved: Cl. McGinn Seconded: Cl. Shields 1 That the information be noted. 2 That future reports include potential savings from service reviews.

ITEM 13.16 STATEMENT OF CASH AND INVESTMENTS

Contact Person: Deanna O’Neill – Manager Finance File: N/A

PURPOSE Reporting on the statement of bank balance and investments for the month of April 2017.

2017.165 RESOLVED Moved: Cl. Morris Seconded: Cl. Shields That the information be noted.

ITEM 13.18 QUARTERLY BUDGET REVIEW TO 31 MARCH 2017

Contact Person: Deanna O’Neill – Manager Finance File: F12/1970

PURPOSE Reporting that the Budget Review for the quarter ending 31 March 2017 has been prepared for all funds.

2017.166 RESOLVED Moved: Cl. Saul Seconded: Cl. Shields


That the Budget Review for the period ending 31 March 2017 is adopted and the variations contained therein are approved and financed from the sources as indicated.

ITEM 13.19 LOCAL GOVERNMENT PERFORMANCE AUDITS

Contact Person: Daryl Hagger – Director Corporate Management File: F12/1906

PURPOSE To advise Council of a program of performance audits to be conducted by the Audit Office of New South Wales.

2017.167 RESOLVED Moved: Cl. Morris Seconded: Cl. Shields That the information be noted.

14 RESCISSION MOTIONS Nil

15 NOTICES OF MOTION

ITEM 15.1 RURAL FIRE SERVICE STATION UPGRADE AND AMENITIES - ALDAVILLA

Contact Person: Bruce Morris – Councillor File: T6-16-407

2017.168 RESOLVED Moved: Cl. Morris

Seconded: Cl. Patterson That the General Manager allocates appropriate staff resources to ensure the completion of the Aldavilla Station – Upgrade and Amenities prior to the commencement of the next fire season.

ITEM 15.2 LOCAL COMMUNITY PLANS – UPDATE PROGRESS

Contact Person: Bruce Morris – Councillor File: F12/1859

2017.169 RESOLVED Moved: Cl. Morris

Seconded: Cl. Patterson That Council update the progress achieved for the actions identified in the Local Community Plans prior to each community catch-up.


ITEM 15.3 CRESCENT HEAD POOL - TOILETS AND SHOWERS PROVISION

Contact Person: Leo Hauville – Councillor File: T2012-002

MOVED Moved: Cl. Hauville Seconded: Cl. Patterson That Council consult with the lessees and community on the needs for construction of toilets and showering facilities for patrons of Crescent Head Swimming pool, Council devises and costs plans for such facilities, and seek community funding/provision of labour for construction. The planning costs and provision of materials be considered a high priority in the toilet block renewals program fully funded in the 2017-2021 Delivery Program. The MOTION was PUT to the Meeting and was LOST. A Division resulted in the following votes. F = Voted For A = Voted Against


Patterson F Saul A Shields A Williams A

MOVED: Moved: Cl. Baxter Seconded: Cl. Patterson That Council move into workshop to allow discussion in open Council on item 15.3. The MOTION was PUT to the Meeting and was LOST. MOVED Moved: Cl. Morris Seconded: Cl. Patterson Council undertakes a risk assessment of not having toilet facilities in the pool facilities at Crescent Head.

2017.170 RESOLVED Moved: Cl. Shields Seconded: Cl. Williams That the MOTION be PUT. The MOTION was PUT to the Meeting and was LOST. A Division resulted in the following votes. F = Voted For A = Voted Against


Patterson F Saul A Shields A Williams A


ITEM 15.4PUBLIC MEETING UPDATING COMMUNITY ON AIRPORT DEVELOPMENT APPLICATION

Contact Person: Leo Hauville – Councillor File: T6-16-444 F12/1895

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

ITEM 15.5 KEMPSEY SHIRE COUNCIL'S SALEYARDS REVIEW

Contact Person: Leo Hauville – Councillor File: F12/1882

2017.171 RESOLVED Moved: Cl. Hauville

Seconded: Cl. Morris That the following matters be included in the review of the saleyards business plan; a Compliance of the present users with their licences, b Financial situation, with last two years, and projections to end of present licences, c Animal welfare d Impact of changing cattle prices and e Impact on the saleyards viability due to changes to neighbouring district saleyards

situation.

ITEM 15.6 RE-SITING OF AIAC OFFICE BUILDING AT KEMPSEY AIRPORT

Contact Person: Leo Hauville – Councillor File: F12/1855

MOVED Moved: Cl. Hauville Seconded: Cl. Patterson That Council request that the Australian International Aviation College (AIAC) re-plan the siting of the Office building in their present DA before resubmission so as to not to impinge on the area reticulated with services for 19 hanger spaces. Council should support this re-planning through provision of services and road infrastructure to a new site.

2017.172 RESOLVED Moved: Cl. Shields Seconded: Cl. McGinn That the MOTION be PUT. The MOTION was PUT to the Meeting and was LOST.


16 DELEGATES REPORT Nil

17 COMMITTEE REPORTS Nil

18 DELIVERY PROGRAM PERFORMANCE INDICATORS

19 COUNCILLOR QUESTIONS

2017-5-16

RJS WD-05-03

COUNCILLOR A P PATTERSON FILE: F12/1945

QFNM1

Regarding the speed limit on Hat Head Road from South West Rocks Road to the National Park

- has this been reviewed; if so, when?

2017-5-16

RJS WD-05-03

COUNCILLOR L J HAUVILLE FILE: F12/1945

QFNM1

Is there an agreement that can be found within the resource of Kempsey Shire Council

between Kempsey Shire Council and the gaol about traffic going to and from?

2017-5-16

RBP WD-03-02


QFNM2

Seeking information whether it is part of Kempsey Shire Council or not but what is the gaol

upgrade impacts on employment and what are the timelines for completion?

2017-5-16

KEO SOD-02-01


QFNM3

Will Council investigate positives and costs of participating in the October Garage Sale trail?

2017-5-16

RJS WD-05-03

COUNCILLOR B J MORRIS FILE: F12/1945


QFNM1

Council considered a report on the corridor works program at its meeting on 21 March. At

that meeting, we extended the duration for Smith Street North Works and Frederickton until

April. Neither project is completed, what is the revised completion date and will these

projects be completed within the revised budget?

2017-5-16

KEO CAD-02-02


QFNM2

Can Council please be given an indication of the extent of royalties received from extractive

industries?

2017-5-16

RBP HD-04-07


QFNM3

Can Councillors be advised of any discussion or negotiation that Council has entered into with

private operators for the implementation of the Container Deposit Scheme?

2017-5-16

RBP WD-05-03


QFNM4

I've heard reports that there are problems with the septic system at the airport. Are there

problems there and if so what costs have been involved in pumping out the system in the

interim?

2017-5-16

RJS WD-05-03


QFNM5

Can a speed review be undertaken of South West Rocks Road in the vicinity of Gladstone

School?

2017-5-16

RJS SOD-01-02

COUNCILLOR A T SHIELDS FILE: F12/1945

QFNM1

Can we have an update on the Old Oil Terminal Footbridge replacement at South West Rocks?

20 CONFIDENTIAL ITEMS

2017.173 RESOLVED: Moved: Cl. Saul


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

ITEM 20.1 VARIOUS LEGAL MATTERS

Contact Person: Daryl Hagger – Director Corporate Management File: F12/1960

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

2017.174 RESOLVED Moved: Cl. Saul Seconded: Cl. Morris That the information be noted.

21 CONCLUSION There being no further business, the meeting terminated at 1.29pm.

Documents

Edited Minutes of the ordinary meeting of Kempsey Shire ... · 5/16/2017 · Baxter F Campbell F Hauville F McGinn F Morris F Patterson F Saul F Shields F Williams F ITEM 13.3 PLANNING