Minutes of the ordinary meeting of Kempsey Shire Council ... · 30 Mid North Coast (MNC) Regional Arts Board meeting Shields SUMMARY Update information including identified Conference

Kempsey Shire Council Minutes Ordinary Meeting 17 September 2013 Page 1

MINUTES OF THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL

17 September 2013 commencing at 9.01am

PRESENT:

Councillors E A Campbell (Mayor and Chairman), E A Green, L L Kesby, 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”.

ACKNOWLEDGEMENT OF THE TRADITIONAL ABORIGINAL LAND

OWNERS

“Council acknowledges that this meeting is being held on the traditional

lands of the Dunghutti People”.

2 APOLOGIES

2013.278 RESOLVED: Moved: Cl. Green

Seconded: Cl. Saul

That the apology submitted by Councillor McGinn for non-attendance at the

meeting be accepted and leave of absence granted.

3 DECLARATIONS OF INTEREST

Councillor Williams declared a non-pecuniary non-significant interest in

item CR1 Traffic Committee minutes Item 4.5 for the reason that he is

employed by the applicant.

4 ASSESSMENT OF ITEMS LISTED FOR CONFIDENTIAL

CONSIDERATION


Seconded: Cl. Morris

That confidential item 1.2 be dealt with in open Council with the exception

of any item which can identify individuals or full time equivalent staff. The

remaining confidential reports be considered in the confidential section of


the meeting.

5 CONFIRMATION OF MINUTES


Seconded: Cl. Kesby

That the minutes of the ordinary meeting of Kempsey Shire Council dated

20 August 2013 be confirmed.

(20.8.13 Minutes).pdf

6 PUBLIC FORUM / PRESENTATIONS

Nil

CITIZENSHIP CEREMONY

Nil

7 CONSIDERATION OF MOTIONS FOR CHANGES TO THE ORDER OF

BUSINESS AND CONSIDERATION OF SUPPLEMENTARY OR LATE

REPORTS

2013.281 RESOLVED: Moved: Cl. Patterson

Seconded: Cl. Green

That the Agenda Order of Business be adopted.

8 CONSIDERATION OF REPORTS RELATING TO PUBLIC FORUM

MATTERS

Nil

9 MAYORAL MINUTES

SUMMARY

Reporting on activities for the month of August 2013

2013.282 RESOLVED: Moved: Cl. Campbell

That the information be noted.

RECOMMENDATION IMPLICATIONS

Environmental, Social, Economic (Financial), Policy or Statutory: Nil

MM1 Mayor and Councillor Activities File: F12/253-02

http://www.kempsey.nsw.gov.au/council/meetings/2013/2013-08-20/index.html


REPORT DETAILS

Mayor

Date Event

1 August 2013 Draft Kempsey Local Growth Management Strategy (LGMS) Rural

Residential Component Councillor Workshop

3 Country & Regional Living Expo, Sydney Olympic Park

4 Celebrate the Macleay – at Kempsey High School

6 Community Safety Precinct Committee meeting

9 NSW Rural Health Plan Focus Group – Rydges, Port Macquarie

11 Sculpture in the Gaol 2013 Gala Opening – at Trial Bay

12 70th Anniversary of Mothers Union in Kempsey – Anglican Church

14 Australia Day Committee Meeting

14 To Reach Your Potential (TRYP) Consultancy focus on youth

leadership team building workshop – at Kempsey High School

17 Official commissioning of new rescue vessel – South West Rocks

17 Business Awards and Celebrate the Macleay Gala Dinner – at

Kempsey High School

19 Councillors‟ information session re Smith Street redevelopment

20 Ordinary Council meeting

20 Roads & Maritime Services (RMS) event for Pacific Highway

upgrade - Frederickton to Eungai project

20 Macleay Valley Education Skills Forum meeting – at Kempsey

Technical & Further Education (TAFE)

23 Mid Regional Organisation of Councils (MIDROC) meeting – at

Gloucester

26 Macleay Valley Clubs Grants meeting

27 Model Code of Conduct Procedures Information Session 2013 -

Grafton

Councillors

Date Event Councillor

1 August 2013 Draft LGMS Rural Residential Component

Councillor Workshop

Green, McGinn,

Morris, Patterson,

Saul

1 T.H.E. Exchange – at RSL Club McGinn

1 Draft LGMS Rural Residential Component

Public Information Session

Shields

6 Community Safety Precinct Committee

meeting

Green, Morris

8 Opening of display unit for security

devices for older people and people with

disabilities – Tozer St Aged Care Units

Patterson

8 Saleyards Advisory Group meeting Morris, Saul

9 Kempsey United Hospital Auxiliary Annual

General Meeting

Saul

14 Australia Day Committee Meeting Green

14 Rural Fire Service Bush Fire Management

Committee meeting

Morris

17 Business Awards and Celebrate the

Macleay Gala Dinner – at Kempsey High

School

Patterson

19 Councillors‟ information session re Smith

Street redevelopment

Green, Kesby,

McGinn, Morris, Saul,

Williams

20 Ordinary Council meeting All councillors

20 RMS event for Pacific Highway upgrade - All councillors


Councillors

Date Event Councillor

Frederickton to Eungai project

22 Floodplain Management Authority

Quarterly Meeting – Sydney

Green

24 Stuarts Point Community Team Challenge Morris, Shields

27 Kempsey District Hospital Community

Information Session

Green, Morris

28 Annual General and Ordinary Meeting of

the Mid North Coast Weeds Co-ordinating

Committee Inc

Saul

29 Draft LGMS Rural Residential Component

Public Information Session

Saul

30 Mid North Coast (MNC) Regional Arts

Board meeting

Shields

SUMMARY

Update information including identified Conference Themes, program and business

papers for the NSW Local Government Conference Tuesday 01 October – Thursday

03 October 2013

2013.283 RESOLVED: Moved: Cl. Campbell

The information be noted.


Environmental, Social, Policy or Statutory: Nil

REPORT DETAILS

Attached links for Business Papers, Interim Policy Statements, LGNSW Rules

(registered with Fair Work Australia).

http://lgnsw.org.au/events-training/local-government-nsw-annual-

conference/business-papers - (Appendix A - Page MM1)

http://www.e-airc.gov.au/142n/rules - (Appendix B - Page MM44)

http://www.lgnsw.org.au/files/imce-uploads/127/interim-policy-statements.pdf -

(Appendix C - Page MM88)

The conference major strategic themes identified for this conference are:

1. The Local Government Review.

2. Local Government Financial Sustainability.

3. Waste.

MM2 Local Government NSW Annual Conference 2013 File: * SUPP

http://lgnsw.org.au/events-training/local-government-nsw-annual-conference/business-papers

http://lgnsw.org.au/events-training/local-government-nsw-annual-conference/business-papers


http://www.e-airc.gov.au/142n/rules


http://www.lgnsw.org.au/files/imce-uploads/127/interim-policy-statements.pdf



4. The New Planning System.

5. Local and State Government Relations.

Previously Council resolved that voting delegates for this Conference will be Mayor

Cr Campbell, Cr Patterson and Cr Morris.

……………………………….

MAYOR – E A CAMPBELL

SUMMARY

Reporting that the following document was tabled at the meeting for perusal by

interested Councillors and members of the public

A

Councillors Disclosures of Interest

10 NOTICES OF MOTION

Nil

11 RESCISSION MOTIONS

Nil

12 DELEGATES REPORTS

Nil

13 COMMITTEE REPORTS

Councillor Williams declared an interest in the following item for the

reason that he is employed by the applicant of Item 4.5 and remained the

Chambers.

3111 RJS

SUMMARY

For Council to adopt the minutes of the Local Traffic Committee meeting held 3

September 2013.

2013.284 RESOLVED: Moved: Cl. Morris

Seconded: Cl. Shields

That the recommendations of the Local Traffic Committee meeting held on

Items Tabled For Information

CR1 Local Traffic Committee Meeting held 3 September 2013


3 September 2013 be adopted.

(Appendix A – LTC1)

14 QUESTIONS ON NOTICE

Nil

15 COMMUNITY STRATEGIC AND MANAGEMENT PLAN REPORTS

PRESENTATION

At 9.16am Council‟s Manager Development Assessment Kate Alberry gave a

presentation on Draft Comprehensive Kempsey Development Control Plan (Draft

KDCP 2013) Chapter 13: Heritage Area/Developments.

1211 RBP

SUMMARY

Reporting that draft chapter B13 – Heritage Areas/Development of Draft

Comprehensive Kempsey Development Control Plan (Draft KDCP 2013) has been

prepared for which Council‟s endorsement is requested for the purposed of public

exhibition.


Seconded: Cl. Patterson

That draft Chapter B13 – Heritage Areas/Development of Draft

Comprehensive Development Control Plan be placed on public exhibition

for a period of twenty-eight days.

A Division resulted in the following votes.

F = Voted For

A = Voted Against

Campbell F Green F Kesby F Morris F

Patterson F Saul F Shields F Williams F

RECOMMENDATION IMPLICATIONS: Nil

REPORT DETAILS

GOAL 1: To Facilitate Ecological and Economical Sustainable Development in the Shire

1.1 Draft Chapters B13 of Draft Comprehensive Kempsey

Development Control Plan (Draft KDCP 2013) File: 1544



Draft Comprehensive Development Control Plan

At its meeting of 20 August 2013 Council resolved to place the draft Comprehensive

Kempsey Development Control Plan (Draft KDCP 2013) on public exhibition. The

version placed on public exhibition effectively consolidates Council‟s existing

Development Control Plans and procedures.

As reported to Council, seven (7) chapters have been developed which propose new

controls that will be reported to Council in greater detail in order to ensure that

councillors are aware of any implications, prior to proceeding to public exhibition.

This report focuses on the Chapter B13 – Heritage Areas/Development (draft

Chapter B13).

It is proposed to incorporate draft Chapter B13 into the draft KDCP 2013.

Draft Chapter B13 has been prepared to provide further detail and guidance to

support Clause 5.10 of Draft Kempsey Local Environmental Plan 2012 (draft KLEP

2012) which relates to Heritage Conservation (Appendix A - Page SE1).

Public Exhibition and Consultation

It is proposed to publicly exhibit draft Chapter B13 of the Draft KDCP 2013 for a

period of twenty eight (28) days. In that period, a series of public information

sessions will be presented.

Draft Chapter B13 is proposed to apply to:

• European heritage only;

• Heritage Items listed in KLEP 1987 and draft KLEP 2012;

• Heritage Conservation Areas

• Heritage Precincts at Frederickton, Smithtown, East Kempsey, South West

Rocks, Kempsey and West Kempsey.

Existing Heritage Controls

North Coast Regional Environmental Plan 1988 - Deemed State Environmental

Planning Policy (NCREP 1988)

NCREP 1988 lists a number of items of environmental heritage, including heritage

conservation areas at Bellbrook and Gladstone, being of State and Regional

significance. The draft Chapter B13 complements NCREP 1988 and describes in

greater detail the types of outcomes that will ensure that the character of these

places is retained.

Kempsey Local Environmental Plan 1987 and draft KLEP 2012

KLEP 1987 and draft KLEP 2012 contain an extensive list of items of environmental

heritage of local significance. NOTE: Councillors should be aware that the listing of

local heritage items was undertaken on a voluntary basis with several items

excluded due to the objections of the owners.

KLEP 1987 and draft KLEP 2012 contain conservation incentive provisions which

remove prohibitions on land uses and include concessions for parking where the

conservation of the building depends on those concessions. The draft Chapter B13

complements these listings and provides greater detail of the outcomes being

sought.



Existing DCPs

Existing DCPs for the Kempsey CBD, South West Rocks CBD and Gladstone

Conservation Area, which currently contain heritage controls, have been

rationalised into the draft Chapter B13.

General Heritage Controls

Draft Chapter B13 includes Desired Outcomes and Development Requirements that

apply to heritage precincts and items of environmental heritage generally,

including:

Building Form

• Size and scale

• Setbacks

• Facades and elevations

• Roof forms

Building and Site Elements

• General Building Materials, Colours and Detailing

• Roof Materials and Details

• Walls

• Doors and Windows

• Awnings and Veranda Posts

• Shopfronts

• Services

• Paving and Driveways

• Landscaping

• Fences

• Ancillary Buildings such as Garages, Carports and Sheds

• Signage

As is the case with all chapters in the draft Comprehensive DCP, proposals will be

assessed as being compliant provided the relevant Desired Outcomes will be

achieved, whether or not the relevant Development Requirements (standards) are

met.

Requirements for Conservation Areas and Heritage Precincts

In addition to providing complementary controls for existing items of environmental

heritage and conservation areas at Bellbrook and Gladstone, draft DCP Chapter B13

proposes the introduction heritage precincts for:

• Frederickton

• Smithtown

• East Kempsey

• South West Rocks

• Kempsey

• West Kempsey

For each of the conservation areas and precincts draft DCP Chapter B13 includes a:

• Significance Statement – why the area is culturally significant

• Character Analysis – describing the setting, landscape, streetscape and

buildings

• Map – delineating the heritage precinct


Draft Chapter B13 provides for the assessment of applications against the general

Desired Outcomes and Development Requirements in the context of the significance

statement and character analysis for the area in which the development is

proposed.

Nil

3155 RJS

SUMMARY

A report outlining the outcome of the calling of tenders for collection, sorting and

removal of ferrous and non–ferrous scrap metal and used lead acid batteries

(ULABs) at Council‟s Waste Management Centre and transfer stations for the period

from 1 September 2013 to 30 September 2015 (25 months) with an option for

extension for a further 12 months.



That Matthews Metal Management Pty Ltd be accepted as the successful

tenderer for the collection, sorting and removal of ferrous and non–ferrous

scrap metal and used lead acid batteries (ULABs) for the period from

1 September 2013 until 30 September 2015 with an option for extension

for a further 12 months.


Environmental: Acceptance of the tender will facilitate the continuing recycling of

scrap metal and removal of lead acid batteries from landfill.

Social, Policy or statutory: Nil

Economic (Financial): Council will obtain a significant payment for sale of scrap

metal and lead acid batteries.

REPORT DETAILS

Regional Procurement undertook the tendering process for the subject tender on

behalf all the councils in the Midwaste Forum. Tenders were invited in accordance

with s167 of the Local Government (General) Regulation 2005 by Open Tender and

closed at 10:00am on 25 June 2013. The intention of a “collective” tender was to

GOAL 2: To Foster and Enhance Effective Social, Cultural and Community Relations Building Respect and Civic Pride

GOAL 3: To Plan and Fund the Shire‟s Infrastructure and Service Needs

3.1 Tender for Collection, Sorting and Removal of Ferrous and

Non-Ferrous Scrap Metal and Used Lead Acid Batteries

File: TQE13/20


obtain cost savings by providing for economies of scale for the larger volumes of

material to be collected across all participating Midwaste Council areas. Four of the

eight Midwaste Forum councils participated in the previous tender and seven have

participated in the current tender.

The tender process allowed for tenders to be received for collection of ferrous and

non-ferrous scrap metal and used lead acid batteries as “separable portions” which

allows for companies to tender for one or more of these categories. Six (6) tenders

were received and were assessed by a panel comprised of representatives of each

of the participating Midwaste councils and two staff from Regional Procurement.

Two tenderers submitted minor non-conformances to the tender requirements. As

neither of these tenderers have been recommended by the evaluation panel, it was

deemed unnecessary to consider these further.

A copy of the Tender Assessment report is attached at (Confidential Appendix A

– Page IS1). The tender assessment panel recommends that the tender of

Matthews Metal Management be accepted for all three separable portions as being

the most advantageous to all participating councils. Although Mathews Metal

Management did not score the highest for the Used Lead Acid Batteries (ULAB)

category of the contract, the panel recommended that due to the minor difference

in score and with already winning the other two categories that it was acceptable

for Mathews Metal Management to win all three sections of the tender. Matthews

Metal Management is a locally based company and has performed work under the

current contract satisfactorily over the last 24 months. There is no reason why

Council should not accept the tender of Matthews Metals Management Pty Ltd that,

having regard to all the circumstances, appears to be the most advantageous.

3156 RJS

SUMMARY

Reporting on the public submissions received during the exhibition period for the

Kempsey Aerodrome‟s Draft Wildlife Hazard Management Plan (WHMP) and the

proposed changes to the plan as a result of these submissions.

2013.287 RESOLVED: Moved: Cl. Saul

Seconded: Cl. Kesby

That the Draft Wildlife Hazard Management Plan for the Kempsey

Aerodrome be adopted.


Environmental, Social: Nil

Economic (Financial): Council will incur costs associated with increased wildlife

patrols outside of normal business hours and the provision of an on-call service.

The estimated total additional cost is $10,000/year. This will be funded from the

existing operational budget and in effect will result in a reduction in expenditure on

lower priority operating costs.

3.2 Wildlife Hazard Management Kempsey Aerodrome File: F12/421


Policy or Statutory: Council, as the operator is obliged to comply with the

minimum requirements for safety at an aerodrome with no regular passenger

service. Adoption of the simplified Wildlife Hazard Management Plan exceeds the

minimum requirement.

REPORT DETAILS

Over the years, concerns have been expressed regarding the presence of

kangaroos at Council‟s aerodrome and the risk that the kangaroos pose to aircraft

using the aerodrome. In August 2011 Council resolved to develop a simplified

Wildlife Hazard Management Plan for the aerodrome. In September 2012 this Draft

Management Plan was placed on public exhibition for comment. This report details

the submissions received and the changes made to the Draft Wildlife Hazard

Management Plan as a result of the public submissions.

Public Submissions

The Draft Wildlife Hazard Management Plan was placed on public exhibition on

Tuesday 4 September 2012 and submissions were invited and received up to close

of business on Tuesday 25 September 2012. The public were able to view the

documents on Council‟s website and at Council‟s Customer Services Centre.

Four public submissions (Appendix A – Page IS1) were received in total during

the exhibition period, an outline of these submissions recommendations and

Council‟s response is tabled below;

Recommendations Council‟s Response

That Council reject the

Draft WHMP and it be

resubmitted to include

procedures to manage

wildlife in accordance

with the National

Parks and Wildlife Act

1995 and the

regulations.

That‟s the use of Dogs

as an “active

treatment” to control

native wildlife be

removed from the

Wildlife Management

Plan.

A scientific survey of

wildlife be conducted

on near or over the

Aerodrome.

Council has made change to the WHMP to reflect the

need to seek the required permits to harm fauna This is

considered only as the last option, if all other controls are

not successful in addressing the risks. Therefore, no

further action is warranted.

The reference to the use of dogs has been removed from

the Management Plan as it is not seen as a necessary or

practical measure.

The carrying out of a scientific survey would enable

Council to have an enhanced understanding of the

wildlife population, behaviour and habitat. Council has

already undertaken surveys and counts of animals

present to establish the potential risk. It is not proposed

to conduct any more significant studies at this time.



That the grassland

around the aerodrome

be planted with plants

that are unattractive

to Kangaroos and

other wildlife.

Council is presently looking at alternative use for the

grassland around the aerodrome such as silage;

however, care must be taken not to introduce a new feed

source for birds and/or other wildlife.

That a fence be

constructed where

Council purchases the

materials and inmates

from the correction

centre erect the fence.

Council has considered the provision of a wildlife fence

and resolved to apply for grant funding under Regional

Development Australia Fund (RDAF) round 5. This

funding must be acquitted in accordance with the grant

program that may prevent an arrangement with the Mid

North Coast Correctional Centre (MNCCC). This option

will be considered as an alternative to tendering out the

construction of the new wildlife fence.

Discontinue the

practice of wildlife

“head counts”

unnecessary and

expensive waste.

Council should not

adopt the practice of

horn blowing or other

“fright devices”.

Head counts “wildlife counts” are a standard practice

adopted by aerodromes and an essential part of any

Wildlife Hazard Management Plan. This is considered to

be a simple and effective way to evaluate the level of risk

over time and justifies the management options utilised.

This is a standard practice adopted by aerodromes to

effectively disperse wildlife that present an immediate

risk to aircraft safety.

Changes to the Wildlife Hazard Management Plan

Based on the review of the public submissions the following changes have been

made to the Wildlife Hazard Management Plan (WHMP):

The use of dogs as an “active treatment” has been removed from the WHMP.

The WHMP now clearly identifies what species are required to be managed,

the level of risk the wildlife hazard present and how they are to be

managed.

The final draft Wildlife Hazard Management Plan and Standard Operating

Procedures (dated August 2013) are attached as (Appendix B – Page IS12) and

is recommended for adoption by Council.

1 – 3112 RJS

2 – 3112 DBH

SUMMARY

To consider adopting formal procedures for the management of gates and grids on

public land

3.3 Management of Gates and Grids on Public Roads

File: F12/386-02




Seconded: Cl. Williams

1 That the Draft Procedures 3.1.6 for Approval and Maintenance of

Public Gates and Bypass (Grids) be adopted and implemented.

2 That the General Manager be delegated authority to execute the

Deed of Agreements relating to Public Gates and Grids on Public

Roads and the respective Land and Property Information form to

register the deed on the property title as required.



Economic (Financial): There is an increased obligation on Council to administer

the gates and grids register as well as audit a proportion of the installations each

year. The cost of this is offset by implementation of the annual permit fee contained

in Council’s adopted Fees and Charges.

Policy or statutory: Council as the road authority has an obligation to manage the

risks in the road environment within the resources that are available. In this regard,

Council has an obligation to manage the approval and maintenance of gates and

grids on public roads to ensure that Council discharges its duty of care to all road

users. Adopting the proposed procedures will provide a framework for Council to

meet this obligation.

REPORT DETAILS

Council at its meeting on 16 July 2013 resolved to place the proposed Procedures

3.1.6 for Approval and Maintenance of Public Gates and Bypass (Grids) on public

exhibition. The document was placed on public exhibition at Council‟s offices and on

Council‟s website between 29 July 2013 and 26 August 2013.

Whilst on exhibition, Council received three submissions each raising concerns

regarding aspects of the proposal. A copy of the submissions is contained in

(Appendix C – Page IS38). The main concerns of each submission has been

summarised and responded to in the table below.

Submission Issue Response

Time limits for

compliance – A longer

time for compliance

should be considered

The policy is proposed to be implemented progressively

with up to five years to bring the existing installations

into compliance. Individual approvals could be

considered and agreed on the basis of the particular

circumstances justifying the alternative arrangements.

Imposition of annual fee

and requirement to

purchase insurance for

the structure

The annual fees have been assessed in order to recover

the costs associated with actively administering the

register of approvals and undertaking annual auditing.

The requirement to purchase insurance is not

necessarily new. A permit holder is already responsible

for the structure permitted within the road reserve and

failure to adequately maintain it could result in the

permit holder being liable for any damages.

Council already levies The payment of rates is the statutory manner for




substantial rates on rural

properties, this should

cover the cost for Council

to maintain and repair

the grids and gates and

accept liability for

damages

Council to derive part of its income in order for Council

to deliver services. In rural areas, the predominate

service delivered is road access. Providing road access

to rural properties can be expensive per property when

the properties are geographically dispersed. In some

cases, Council limits the maintenance on a road to

reduce the costs and in other cases the cost to maintain

the road infrastructure would exceed the rates received

from properties serviced by this asset.

In general Council‟s income is insufficient to maintain

the current level of infrastructure.

The costs to fence the

road reserve may be

greater when compared

to the costs to maintain

and upgrade gates and

grids

As a road authority the Dividing Fences Act does not

apply to Council with respect to funding the costs of

fencing any property.

The ability to allow gates and grids on public roads is a

provision of Roads Act which is intended to save the

owner of a property that is bisected by a road from

having to fence the road frontage in order to control

stock. Under the Act the responsibility is on the permit

holder to maintain the gate/grid.

Gates and grids do reduce the costs of fencing and

servicing large holdings in particular, however, the

costs to administer and verify they are being

maintained should be borne by the properties who

obtain the benefit from the gate/grid on a user pays

basis. Council has the ability to determine if a user pays

approach is appropriate to fund this process.

The application and bond

fees are too high

The application fee of $1000 is presently set to cover

the costs associated with advertising a new proposal,

reporting to Council and registration of the legal deed of

agreement. Unsuccessful applications will receive 75%

of the fee back.

The bond paid for a new gate/grid is to ensure that

Council has the ability to act in order to address the

ongoing condition of a gate/grid either by repair or by

maintenance in the event the permit holder fails to

comply. It will also allow Council to simply remove the

gate/grid when it is no longer required and avoids the

need to pursue payment at a future date from the

property owner. Existing gates/grids will not be

required to pay this bond as they are already approved.

Council can elect to collect a bond upfront or rely upon

pursuing payment from the permit holder in order to

recover costs. Previous experiences in recovering costs

after the fact supports upfront payment

The approved grid may

never be removed and

therefore the bond may

never be returned to the

property owner

Although the gate/grid is installed on the public road, it

is tied to the title of the property and the approval

conditions are binding upon heirs and successors in

title. It is similar to an improvement upon the land. At

the time of sale the vendor has the opportunity to ask

for additional payment of this amount from the

purchaser as an addition in the contract for sale or

classify it as an inclusion. The bond paid within Council



remains tied to the permit and the approval, not

necessarily to the applicant or property owner. A

property owner could elect to remove the gate/grid

upon sale and would be refunded the bond paid.

In addition to the public exhibition, Council sought legal advice regarding the

proposed procedures. A copy of the response received is contained in

(Confidential Appendix B – Page IS6).

In considering the responses to the objections itemised in the table above and the

legal advice that Council has received, the Draft Procedures have been amended.

The final Draft Procedures are contained with (Appendix D – Page IS44) and are

recommended for adoption and implementation by Council. Considering the work

involved with implementation, the following timetable is proposed:

Stage Implementation Date

Notify existing permit holders of changes December 2013

Implement self-reporting by permit

holders on an annual basis April 2014

Audit register against known gate

installations June 2014

Implement annual permit fee (on

existing permits) July 2014

Implement sample auditing of

installations (approx. 20% per year) June 2015

Rectify road safety defects identified in

installations June 2016

Rectify sub-standard installations June 2018

As there is considerable variation in the standard, quality, location and condition of

the gates and grids throughout the Shire, there should also be an opportunity for

permit holders to an alternative timeline for the defects to be rectified based upon

the particular circumstances and demonstrating reasonableness in the approach.

Council should aim to bring all installations up to standard within five years.

3156 RJS

SUMMARY

To consider the allocation of additional funds towards the existing capital works

program previously approved for Council‟s Holiday Parks. (Item 3.4.1, 18 October

2011 (2011.425)]


Seconded: Cl. Kesby

That additional funding of $150,000 be allocated from the Caravan Park

Reserve Fund to undertake cabin refurbishment and road repairs.

3.4 Holiday Parks File: F12/341-02





Economic (Financial): Use of the reserve funds will reduce the buffer the Council

has in case of a poor tourist year. In the past, income has proved to be very stable,

irrespective of whether the conditions have been good or poor, so it is seen that the

risk to Council is low. In coming years the loan funds are reducing and increased

income should be available to offset any losses in the current year.

$150,000 is to be allocated from a reserve of $186,959.

Policy or Statutory: The proposed works programs have resulted from

collaboration between Council staff and the park managers in order to ensure that

the most important issues are identified for rectification. This is ahead of the

updating of the Plans of Management for the parks which will provide a

comprehensive capital investment strategy and program.

REPORT DETAILS

As part of the management of the Caravan Parks, there is ongoing discussion with

the managers on the condition of the parks and their impact on the business. At a

recent meeting, the aged cabins and road network were again discussed. It was put

by the managers that the state of both of these parts of the caravan parks are such

that they will lead to significantly negative experience of those staying at the

facilities, impacting on the rates that can be charged, return visitations and overall

visitations due to the impact of word of mouth reviews.

During the last round of discussions it was put that the existing cabin facilities in a

number of the parks are well below the standards that the market expects in the

price range being charged. The majority of the cabins are between 15-20 years of

age, the paint is fading, the walls are showing signs of wear and tear and the

fittings are dated.

The program of replacing cabins will take some time so an assessment of whether it

was prudent to invest funds prior to this peak holiday season was a more

advantageous approach than deferring the spending of cash to allow for a safety

reserve against current income.

The internal roads have been heavily patched in recent years. In some areas there

is complete pavement failure which is presenting a safety issue for pedestrians/park

users and is unsightly. An assessment has been made of the impact that this will

have on visitor experience and the value that would be gained from reduced

maintenance as a result of undertaking more significant works.

The existing funds for capital improvements are linked to previous applications for

loans from the caravan park improvement levy. Due to this, they cannot be

changed without going through a relatively long process of seeking approval to

change the use. This would not be able to be undertaken prior to this year‟s peak

holiday season.

It was considered that the risk to the caravan parks‟ finances is greater from a poor

quality experience than the financial risk of Council needing to reduce spending in

other areas (if the income from this year‟s budget forecasts fails to materialise).

Therefore, it is proposed to refurbish a select number of cabins and undertake


repairs to the internal road network from the available funds held by the caravan

park operations.

Hat Head Parks

Council‟s staff and the Caravan Park managers have been working together to

identify the most pressing issues, a process that has needed to be a process of

evolution as the managers developed their business. It is seen that this change is

an example of the positive working relationship responding to the changing

information of what is needed to maximise the financial position of the business.

Proposed Expenditure

Roads Cabins

Crescent Head $40,000 $50,000

Hat Head 0 $10,000

Stuarts Point $30,000 0

Grassy Head $20,000 0

Total $150,000

1 – 5312 DLR

2 – 4111 DLR

SUMMARY

Under legislation, the Council is required to review its organisational structure

within 12 months of the election. This has been delayed due to the ongoing review

into local government, but that process is still incomplete. There is proposed to be

a change in emphasis in the structure towards determining service standards. This

involves centralising the asset management and providing additional resources

towards developing and implementing asset management processes and service

standards.

2013.290 RESOLVED: Moved: Cl. Patterson


1 That the organisational structure and positions down to manager

level be adopted.

2 That following further development of a regional approach, or new

structures of local government being put in place, Council review its

structure again.

The resolution was CARRIED on the Casting vote of the Mayor.

A Division was requested on the Motion.

F = Voted For

A = Voted Against

Campbell F Green A Kesby A Morris A

Patterson F Saul F Shields A Williams F

GOAL 4: To Pursue Beneficial Relationships With Regional Neighbours and Other Levels of Government

4.1 Organisation Structure Review File: F12/910




Policy or Statutory: Requirement of section 333 of the Local Government Act:

333 Re-determination of structure

The organisation structure may be re-determined by the council from time to

time. It must be re-determined within 12 months after any ordinary election of

the council.

Council’s existing policy is that positions down to the Manager level are determined

by Council as part of the organisational structure.

Economic (Financial): Additional costs of effectively creating an additional

position will have to be reallocated from the funds currently going towards road

projects. Long term, it is expected that the savings from developing good asset

management and service levels will more than offset the initial costs, but it will

mean that the amount of works available to be undertaken will have to be reduced

in future years.

REPORT DETAILS

It is a requirement of the Local Government Act that the organisation structure be

reviewed within 12 months of an election. It was not perceived that there was a

need for urgent changes to the existing structure and, as such, the process was

deferred pending the outcomes from the Local Government Independent Panel,

which was due to report back to government by June 2013.

The reason for this was that it was not seen as a good use of resource to develop a

structure when the report may recommend radically different approaches. That

timeframe was extended to September, which necessitates that the Council review

its structure prior to the future direction of local government being determined.

The outcomes from the review are likely to call for a much greater amount of

shared service delivery. This would in turn change dramatically the way that the

staffing aspects of the Council‟s operations would be set up. For this reason, a

clause has been added into the recommendation to allow for staff to come back to

Council with alternative structures within the next three months if something comes

out of the review process.

The last review of the organisational structure was undertaken four years ago. At

that stage, the organisation was reshaped to align with the four goals in the

Community Strategic Plan and Delivery Plan that was in place. An additional

directorate was put in place to create an increased focus on the development of a

community focus and the development of the Integrated Strategic Plans. Since that

time the organisation has changed. Also the Delivery Plan has changed.

1) Existing Structure

It is possible to retain the existing structure without change. The advantage of such

a move is to minimise the need for change while the reviews into local government

are still underway. It is difficult to determine what timeframes Council is likely to be

in limbo regarding the future of local government. While the Independent Panel is


due to report back to the government in September, the recommendations will then

need to be considered by the government and taken to Cabinet for a final decision.

This could take a short time or a long time.

It is possible to continue with the current directorates and management level

positions and achieve the results set out in the Delivery Plan over the likely period

that there will be uncertainty.

2) Delivery Plan Values Focus

The initial consideration was to review whether the directorates should be reshaped

to focus on the goals of the current Delivery Program, being that the community

values are:

- healthy

- wealthy

- safe, and

- sociable.

In the Delivery Plan there is a separate section for the supporting functions of the

Council that are required to be undertaken to allow it to achieve the tasks that are

linked to the above goals.

Under this approach, this would call for five groupings within the organisational

structure. Because of the broad nature of the community‟s goals it was also

identified that it would be difficult to align such a structure with normal skill sets

available. For example, the area of health would require a director to cover water

and wastewater processing and delivery, health and building regulatory roles,

development applications and strategic land use planning, community service

provision and providing recreational facilities. This approach also led to the

organisation having a skew, with many functions coming under the one position.

Based on the current organisation, where there is a skew, this would make effective

management of the wide range of functions needed to be covered difficult without

adding an extra level of management structure.

As such, the activities under the primary focus of health would need to be split or

another level of management would need to be put into place.

To retain all of the healthy focused activities in the one area would require two

executive managers to be placed under the Director. Each of these executive

managers would then have one of the two groupings under health reporting back to

them.

As there are limited functions under other values, the end result would be that that

it would be practical to retain a four director structure. The staffing areas under

each particular structure would not align to a usual „functional‟ skill grouping that is

gained through local government employment, meaning that directors would have

to come to positions with only a basic knowledge in some areas under their control.

The broader community values, while good at a strategic viewpoint level, can

become problematic when focusing on operations, which the structure is being

designed for. There are not seen to be the pressures to focus the organisation

towards its stated goals that existed at the time that the last structure was put in

place to warrant the additional cost that is entailed in this option. Reporting

systems allow for the various targets to be monitored and reported back on.

3) Proposed Structure


The proposed structure has the effect of redirecting several areas of the Council‟s

operations into different areas. While having the same number of managers as the

current structure, it in effect will have a higher cost as one of the existing top level

management roles is retained as a position, but under a new manager‟s position

instead of directly reporting to a director. It is expected that additional resources

will be required over the next few years to develop and implement service

standards based on feedback we have been receiving through MIDROC about the

staffing level impacts that the other councils implementing service level standards

are seeing in practice.

Asset Management moves from Infrastructure and is placed into Corporate

Management to reflect its impact across all areas of the organisation. It will also

allow for a better connection between aspects of risk management that need to be

managed across the organisation.

Currently there is a skew in the organisation, in that the bulk of employees and a

larger than optimal number of functional areas come under one manager and one

director. The infrastructure area suffers from too wide a scope in operations.

Moving the asset management area to another directorate provides scope to

effectively split the current Manager Operations roles to more manageable scope.

This will lead to a greater capability to manage the functions, as too many areas

leads to diffusion of focus.

The transport network on its own is seen as sufficient to warrant separate

management. Selected areas have been kept (maintaining the flood mitigation and

stormwater systems) to try and ensure that the scope is not too wide on the

Manager Infrastructure Services role, thus creating the same problem, just moving

it to another location within the structure.

A previous investigation into the operations of the water and sewer aspects of

Council‟s operations indicated that having a separate director for these functions

was warranted. This was not proceeded with as the cost of additional staff was seen

as prohibitive. But the practical workload is too high in these combined areas and

there is a need to address that issue.

If it is not addressed by increasing the directorate level staff this needs to be

catered for in some other way throughout the organisation. The proposal for

effectively an additional resource at a managerial level and the transfer of the asset

management and service delivery is seen as allowing a closer focus on the

important project of developing service standards that can be followed.

Development of service standards is heavily reliant on asset management systems

being developed that will identify the works required on a wide range of assets.

Once the asset management and service delivery systems are in place the role will

change. The process of developing service standards will also effectively create an

internal audit function, as in developing the service standards there will be a need

to review what Council currently does to determine if this represents the best

approach.

Model Benefits Disadvantages Ranking

Existing Minimal costs in a

time of

uncertainty.

Focus remains on old

groupings from last delivery

plan.

2

Delivery Plan

Structure

Focus on values of

community.

Directors will not have

specialist skills in areas under

their control

4


Model Benefits Disadvantages Ranking

Retaining community values

structure will add costs to the

management levels of the

organisation (est. $220,000)

Modified Delivery

Plan Structure

Focus on values of

community.

Directors will not have

specialist skills in areas under

their control

3

Requires additional manager

position (est. cost $130,000)

Proposed Structure Operationally

efficient

Includes increased resources

to deal with service levels

(est. cost $130,000)

1

Groups similar skill

groupings together

Impacts of Changes

The changes to the functional areas will generally mean a transfer of staff from one

management area to another. In some instances there will be jobs that will have to

be reviewed to see whether there are alternative ways to split roles to better match

changed functional areas. The review is not focused on reducing staff numbers and

the changes to the management positions as recommended will not lead to any

redundancies being required, it is simply looking at how best to focus the current

resources through the structure put in place.

The last review into the organisation, which was focused on water and sewerage

operations, recommended a fifth director and Council resolved to support the

appointment of that director. It has never been put into place. It is considered that

the level of resources does negatively impact on the performance of the operations.

However, it is seen that we are still in the situation where Council is at an in-

between size, not large enough to warrant another resource, but larger than is

warranted by retaining the same level of management.

This is why an additional management level resource is being built into the system.

Staff do not have the capacity to absorb the development of service standards into

the existing staffing levels. While this has a cost, it is expected that the benefits

from wisely spending the resources we have and having clear service levels will

provide a net benefit to the community over time.

We are already seeing the benefit of having improved asset management in our

road network management, with a number of key road segments being upgraded.

Positive community feedback is being received on our approach to both the

unsealed and sealed roads. This is considered to provide sufficient evidence that

the initial investment will provide a dividend across other functional areas.

(Appendix A – Page GM1) and (Appendix B – Page GM2)

GOAL 5: To Ensure Leadership and Effective, Efficient Accountable Management

5.1 Statement of Cash and Investments File: F12/57-02




SUMMARY

Reporting on the statement of bank balances and investments.


Seconded: Cl. Green

That the information to be noted.


Environmental, Social, Policy or Statutory, Economic (Financial): Nil

REPORT DETAILS

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 A – Page CM1).

The statement of investments is shown in (Appendix B – Page CM2).

5513 DST

SUMMARY

To facilitate the election of a Deputy Mayor in accordance with the Local

Government Act 1993.



That an election be conducted for the position of Deputy Mayor and the

election be by open voting.

The General Manager as returning officer advised that 2 nominations had been

received for Deputy Mayor being Councillors Patterson and Green. An election by

open voting resulted in the following;

Councillor

Patterson

Councillor

Green

Campbell

Green

Kesby

Morris

Patterson

Saul

Shields

Williams

Councillor Green was declared elected as Deputy Mayor.

5.2 Election of Deputy Mayor File: F12/514-02




Director Corporate Management Recommendation:

That if an election is required for the position of Deputy Mayor, the election

be by open voting.


Environmental, Economic, Social: Nil

Policy or Statutory: Section 231 of the Local Government Act provides for the

election of Deputy Mayor.

REPORT DETAILS

Section 231 of the Local Government Act provides that Councillors may elect from

among their number a Deputy Mayor, and any such election may be for the Mayoral

term or a shorter term.

The Deputy Mayor may exercise any function of the Mayor at the request of the

Mayor, of if the Mayor is prevented from exercising the function; or if there is a

casual vacancy in the office of Mayor.

Section 249 provides that “a council may pay the Deputy Mayor (if there is one) a

fee determined by the council for such time as the Deputy Mayor acts in the office

of the Mayor. The amount of the fee so paid must be deducted from the Mayor‟s

annual fee”.

The procedure for election of Deputy Mayor is as follows:

Nominations

The Local Government (General) Regulation 2005 provides that nominations for

Deputy Mayor must be in writing, signed by two Councillors (one of whom may be

the nominee), and the nominee must consent in writing to the nomination.

Nominations are to be “delivered or sent to the returning officer”, that is the

General Manager, who shall announce the names of the nominees at the Council

meeting at which the election is to be held.

A nomination form for Deputy Mayor has been provided to Councillors with this

agenda.

Method of election

Where only one Councillor is nominated, that Councillor is declared elected.

Where more than one Councillor is nominated, the Council is to resolve whether the

election is to proceed:

by preferential ballot;

by ordinary ballot; or

by open voting.

Preferential ballot and ordinary ballot are secret ballots, whereas open voting

means by a show of hands or similar means.


Preferential Ballot

The ballot-papers are to contain the names of all the candidates. Councillors are to

mark their votes by placing the number “1”, “2” and so on against the various

names so as to indicate the order of their preference for the candidates.

Ordinary Ballot

Under ordinary ballot, the General Manager is to decide the manner in which votes

are to be marked on the ballot-papers.

Counting

The counting process is virtually the same for both preferential ballot and ordinary

ballot where there are only two candidates, (i.e. the candidate with the higher

number of votes is elected).

However where there are three or more candidates the counting process for:

(i) ordinary ballot requires the one with the lowest number of votes to be

excluded and further votes taken until such time as only two candidates

remain;

(ii) preferential ballot requires the successful candidates to secure an “absolute

majority” of votes (i.e. a number more than one-half the number of formal

un-exhausted ballot papers). If an absolute majority is not obtained on first

preference votes, the candidate with the lowest number of votes is excluded

and the second preferences on those ballot papers are transferred to the

remaining candidates.

If no candidate then has an absolute majority of votes, the process of excluding the

candidate who has the lowest number of votes and transferring the votes in order

of the voter‟s preference is repeated until one candidate has received an absolute

majority of votes.

With tied candidates, if on any count of votes, there are 2 candidates in and

number of votes cast is equal, the candidate whose name is first chosen by lot is

taken to be elected. If on any count of votes, there are 3 or more candidates in, or

remaining in, and the numbers of votes cast for 2 or more candidates are equal and

those candidates are the ones with the lowest number of votes, the candidate

whose name if first chosen by lot is taken to be excluded.

1 – 5512 DST

2 - 5513 DST

SUMMARY

Reporting on the dates for Council meetings until the end of 2014.



1 That the following schedule of Council meeting dates up to December

2014 be adopted:

5.3 Council Meeting Dates File: F12/287-02


Tuesday 15 October 2013

Tuesday 19 November 2013

Tuesday 17 December 2013

January - No Meeting

Tuesday 18 February 2014

Tuesday 18 March 2014

Tuesday 15 April 2014

Tuesday 20 May 2014

Tuesday 17 June 2014

Tuesday 15 July 2014

Tuesday 19 August 2014

Tuesday 16 September 2014

Tuesday 21 October 2014

Tuesday 18 November 2014

Tuesday 16 December 2014

2 That the April 2014 meeting be held at Stuarts Point and the October

2014 meeting be held at Bellbrook.


Environmental: Nil

Policy or Statutory: Section 365 of the LG Act requires Council to hold at least 10

Council meetings a year, each time in a different month.

Social: Setting dates allows for advertising of the dates so the public can know in

advance when Council will be meeting. Council invites the public to attend its

meetings and has taken two meetings each year to village areas.

Economic (Financial): Extra staff time is involved in taking meetings to the

villages.

REPORT DETAILS

Council‟s current procedure is that its ordinary Council meetings be held on the

third Tuesday of the month commencing at 9.00am. Council‟s current procedure

has also been to hold two meetings per year (April and October) in a village area of

the shire. The rest of the Council meetings are held at the Civic Centre.

Meetings outside Kempsey

Council‟s practice since 2009 has been for two Council meetings each year to be

taken to the village areas of the Shire, usually held in the community halls. So far

meetings have been held in Stuarts Point, Bellbrook, South West Rocks, Crescent

Head, Willawarrin, Gladstone, Kundabung, Smithtown and Frederickton. The

October 2013 meeting is scheduled to be held at Hat Head, which will complete the

cycle of holding Council meetings in Village locations. April and October were

selected to avoid temperature extremes of winter and summer.

5513 DST

5.4 Procedure on Payment of Expenses and Provision of Facilities to the Mayor and Councillors File: F12/516


SUMMARY

Reporting on the review of Council‟s procedure on the payment of expenses and

provision of facilities to the Mayor and Councillors. This procedure is required to be

reviewed annually and placed on public exhibition.



That Council‟s procedure on the payment of expenses and provision of

facilities to the Mayor and Councillors be amended to include the changes

as detailed in the report and the procedure be placed on public exhibition

for 28 days.



Economic: Council’s 2013/2014 Operating Plan provides the following budgets for

councillors expenses and provision of facilities:

Travelling expenses $16,850

Communications expenses $11,852

Delegates expenses (conferences) $27,639.

Policy or Statutory: Section 252 of the Act requires Council to advertise its policy

each year and then adopt its policy after considering any submissions.

REPORT DETAILS

The Local Government Act requires that Council advertise its procedure on the

Payment of Expenses and Provision of Facilities to the Mayor and Councillors each

year and formally adopt it on an annual basis, prior to 30 November, with or

without amendment.

Annual review considerations

In its annual review council should consider the appropriateness of the expense or

reimbursement amounts in its procedure. If changes are to be made they should be

made before exhibition of the draft procedure. The Division of Local Government

makes it clear that payment of expenses must not be open-ended, but show

expense limits.

Recommended amendments

The following amendments are recommended for inclusion in the new draft policy

for public exhibition.

The amounts in the table below have been reviewed and amendments are

considered appropriate.

Expense Limits Current Proposed

Councillor using own vehicle (clause

2.6(b)) (based on Local Government

State Award)

$0.65/km (<2.5L)

$0.74/km (>2.5L)

$0.67/km (<2.5L)

$0.76/km (>2.5L)


Meal cost limits when travelling

outside area (clause 2.7(f))

Breakfast up to $27

Lunch up to $38

Dinner up to $65

Breakfast up to $28

Lunch up to $39

Dinner up to $67

Amended clause 1.6(e) to reference changed clause numbers in the Model

Code of Conduct for Councils in NSW.

Amended clause 2.3(c) from Local Government and Shires Association to Local

Government NSW.

Added the following commentary to clause 2.6(a) - „Defined council business is

where a Councillor is asked to attend meetings, formal or social functions as a

delegate of Council or the Mayor. Where a Councillor is not a nominated

delegate but elects to attend out of interest travel will not be reimbursed on

these occasions.

The procedure document which shows amendments recommended is attached at

(Appendix C - Page CM3).

Public exhibition and submissions

The Act requires that Council place its procedure on exhibition for 28 days, with or

without amendment, and consider any submissions before adopting its procedure.

Council is required to adopt its procedure each year before 30 November and then

forward a copy of the adopted procedure to the Division of Local Government.

At this stage 10.21am the meeting adjourned for morning tea and upon

resumption at 10.50am all present at the adjournment were in attendance.

5513 DBH

SUMMARY

Councillor appointments to Committees and Working Parties were for a period of

twelve months ending in September 2013. Councillor membership of Committees

and Working Parties are required to be reviewed and appointments made.

Director Corporate Management Recommendation:

1 That the councillors nominate to Council committees:

a) The Mayor and one councillor to the Australia Day Committee.

b) The Mayor, Deputy Mayor and two councillors to the General

Manager‟s Performance Review Panel.

2 That the councillors nominate to working parties:

a) Two councillors and an alternate delegate be appointed to the

Natural Resources Working Group.

5.5 Review of Committees, Working Parties and Appointment of Delegates File: F12/818



b) Two councillors and an alternate delegate be appointed to the

Saleyards Advisory Group.

3 That the Council appoint a delegate(s) to the following external

groups:

a) Bush Fire Management Committee.

b) Melville Community Centre Management Committee.

c) Mid North Coast Regional Arts Board.

d) Mid North Coast Regional Weeds Advisory Committee.

e) Flood Plain Management Committee.

4 That the Mayor be retained as the delegate to the following

committees:

a) Community Development and Support Expenditure Committee.

b) Local Traffic Committee.

5 That the term of appointments be twelve months.



That this item be deferred until the meeting after the review of the

committee structure report has been received.



Policy or Statutory: Policy 5.2 - Committees of Council applies to this

recommendation. Clause 2.6 of Procedure 5.1.5 - Payment of Expenses and

Provision of Facilities to the Mayor and Councillors, also applies to the financial

implications.

Economic (Financial): Delegates appointed to the various committees or groups

can claim travel expenses relating to the meetings. These costs are allowed for in

the budget for councillors’ travel.

REPORT DETAILS

The membership of Council Committees, Working Parties and appointment of

Delegates was for a term of twelve months which expires in September 2013.

Following is the current listing of committees, working parties and external

organisations on which Council has representation including the current Councillor

representative and purpose of the committee, working party and external

organisation.

The Mayor is an automatic member of all committees of Council, and can chair any

Committee at which she is in attendance.


COUNCIL COMMITTEES

Australia Day Committee

Purpose: This committee assists in determining the awards for Australia Day

honours. It is also sometimes used as a sounding board for the format and

nature of events.

Current Council Representation

Mayor

Councillor Green

Community Development and Support Expenditure Committee

Purpose: This committee considers the allocation of part of the funding

required to be allocated by the clubs in the region from their poker machine

takings that is used to fund community groups. The committee considers the

applications and determines the funding. The composition of this committee

has been developed in agreement with the various clubs.


Mayor

General Manager‟s Performance Review Panel

Purpose: This committee undertakes the performance reviews of the General

Manager. All councillors have input into the performance review, with the

committee then undertaking the review.


Mayor

Deputy Mayor

Councillor Green

Councillor McGinn

Local Traffic Committee

Purpose: This committee exists to provide the advice required to satisfy

Council‟s delegation from the Roads and Maritime Services for traffic matters

on the road network. The committee is primarily a technical review committee.


Mayor

Works Committee

Purpose: Where the councillors wish to undertake a site inspection or any

matter affecting the functions of the Council. It is the only committee with

delegated authority. As long as a quorum exists, the Works Committee can

make a binding decision on the Council.


All councillors

WORKING PARTIES

Natural Resources Working Group


Purpose: The working group meets Council‟s requirement under the NSW

Coast and Estuary Program and Floodplain Development Manual that it have a

mechanism for consultation between government departments, Council and the

community. The group provides input and advice on strategies and plans to be

developed by the Council.


Councillor Green

Councillor Williams

Vacant (Alternate)

Saleyards Advisory Group

Purpose: To provide advice and feedback in the development of the Saleyards

Business Plan.


Councillor Saul

Councillor Morris

Vacant (Alternate)

Business Advisory Group

Purpose: An advisory group to provide input to the General Manager in a

confidential environment on the views of business concerning the plans and

directions proposed by staff. This group also is a forum to allow business to

provide frank feedback on their views to the General Manager.


General Manager

EXTERNAL ORGANISATIONS

Bush Fire Management Committee

Purpose: Liaison committee for Rural Fire Service and local government.

Reviews the performance of the Rural Fire Service against the performance

criteria in the service level agreement between the Rural Fire Service and

Council.


Councillor Morris

Councillor Saul (Alternate).

Melville Community Centre Management Committee

Purpose: The facility was established with grant funding, which required the

facility to be available for public access. The committee manages public access.


Councillor Campbell

Councillor Green

Vacant (Alternate)

Mid North Coast Regional Arts Board


Purpose: The NSW State Government funds a number of regional arts boards,

this is the one that covers our region. The purpose of the board is to encourage

and promote the arts in the region. The councillor is to provide the conduit

between the board and the Council.


Councillor Shields

Councillor Green (Alternate)

Mid North Coast Regional Weeds Advisory Committee

Purpose: Formed to support the regional coordination of the noxious weeds

response within the Mid North Coast. The group looks at the development of

the regional strategies for the processes of dealing with and response to

noxious weeds.


Councillor Saul

Councillor Morris (Alternate)

Flood Plain Management Committee

Purpose: To engage with public agencies, elected officials and other

stakeholders to improve flood safety and maximise floodplain resources

through effective dialogue, collaboration, education, legislation and policy.


Councillor Green

Councillor Morris (Alternate)

Public Facility Management Committees

Purpose: These are committees that the Council has delegated responsibility

for running certain facilities owned or controlled by the Council. They have not

traditionally had specific councillor representation. Their structure varies

depending on what the current community involvement is. They are listed for

information.

Macleay Valley Community Gallery Committee

Crescent Head Hall Committee

Millbank Hall Committee

Stuarts Point Community Hall Committee

Sherwood Hall Committee

SWR School of Arts Hall Committee

Gladstone Youth and Community Hall Committee

Smithtown Hall Committee

Willawarrin Hall Committee

Frederickton Hall Committee

Gladstone Tennis Club

South Kempsey Tennis Club

Bellbrook Tennis Club

Kempsey District Silver Band Committee

Kalateenee Recreation Reserve Committee

Friends of Wigay Committee

Note: In response to a previous resolution of Council a report to review the

committee structure is required to be reported to Council. This report was


not able to be developed for this Council meeting and will be provided to

the October Council meeting.

5513 DBH

SUMMARY

For Council to confirm delegations to the Mayor, General Manager, Standing

Committees and Section 355 Committees of Council.


Seconded: Cl. Kesby

That the Delegation of Authority Procedure be adopted.


Environmental, Social, Economic (financial): Nil

Policy or Statutory: Council delegations must be reviewed during the first twelve

(12) months of each term of office.

REPORT DETAILS

In accordance with Section 380 of the Local Government Act 1993 each Council

must review all its delegations during the first twelve months of each term of office.

The Delegation of Authority Procedure (5.1.3) is at attachment (Appendix D –

Page CM12). No change is proposed to the current delegations.

The following item was brought forward into Open Council by resolution 2013.279.

SUMMARY:

Reporting on the status and priorities of Council‟s current compliance program.


Seconded: Cl. Green

1 That the priorities under the regulatory compliance program be noted.

2 That the information contained in the public section of the report be

released to the public.

RECOMMENDATION IMPLICATIONS:

5.6 Review of Delegations File: F12/163-02

1.2 Compliance Program File: F12/554-02




Environmental, Social, Economic (Financial), Policy or Statutory: Nil

REPORT DETAILS

Council is responsible to undertake a variety of regulatory functions relating to

development control, building control, environmental health and ranger services.

The purpose of this report is to inform Council of the current regulatory

enforcement programs and actions being undertaken, including the rationale for

prioritising actions and the resource constraints within which these activities are

delivered. Priorities for the current actions have been identified for which Council‟s

endorsement is sought.

Should Council determine that it wishes to increase the priority of any particular

regulatory function, it would be necessary to either decrease the priority of other

actions within that regulatory function or reduce service levels within other service

functions.

If the latter is the preferred option, a further report would need to be presented to

Council in respect to the implications for other service functions, including

Service/Actions and Performance Measures identified in the 2013-2017 Delivery

Plan and 2013/14 Operational Plan.

Enforcement and Compliance Guidelines (Extract)

In response to the DLG Promoting Better Practice audit of Council‟s operations in

2006, Council was required to develop a Compliance Policy in accordance with NSW

Ombudsman‟s guidelines.

Council‟s Enforcement Compliance Guidelines defines “Unlawful activity” is any

activity or work that has been or is being carried out:

a) Contrary to the terms or conditions of development consent, approval,

permission or other written authorisation from Council;

b) Contrary to an environment planning instrument that regulates the activities

or work that can be carried out on particular land;

c) Contrary to a legislative provision regulating a particular activity or work;

d) Without a required development consent, approval, permission or the like;

e) Contrary to New South Wales legislation for which the Council is the

appropriate regulatory authority.

Council‟s Procedure provides that investigations will be prioritised and dealt with on

a risk management basis.

The Procedure provides that not all allegations will be investigated and that a range

of factors will be considered before investigations will be undertaken. These

include:

a) Is the matter within the jurisdiction of the Council?

b) Is the complaint premature e.g. does it relate to some unfinished aspect of

work that is still in progress?

c) Is the activity or work permissible with or without consent?


d) If the activity is permissible with consent, is there a consent in place?

e) Is it possible to determine from the information available to the Council

whether the activity or work is permissible without consent and/or whether

all conditions of consent are being complied with?

f) Is the complaint trivial, frivolous or vexatious?

g) Has too much time elapsed since the events of the subject of the complaint

took place?

h) Is there another body that is a more appropriate agency to investigate and

deal with the matter?

i) Is the activity having a significant detrimental effect on the environment, or

does it constitute a risk to public safety?

j) Does the complaint indicate the existence of a systemic problem e.g. if the

complaint is one of a series; could there be a pattern of conduct or a more

widespread problem?

k) Is there a history of related complaints against this person or organisation?

l) Does the complaint have special significance in terms of the priorities of the

Council?

m) Are there significant resource implications in relation to an investigation and

any subsequent enforcement action?

n) Is it in the public interest to investigate the complaint?

o) The effective use of resources having regard to the circumstances of the

case.

If a decision is made not to investigate a complaint, this decision must be recorded

with the reasons for that decision and complainant so advised.

Development Compliance

The 2013/17 Delivery Plan identifies the following Performance Measure relating to

Development Compliance:

Performance Measure Target

Number of compliance audits per

annum

120

The functions carried out in relation to Development Compliance include:

Audits of different types of development or of development within a

particular area in respect to unauthorised uses or uses not being carried out

in accordance with conditions of consent;

Investigations into complaints relating to unauthorised development,

including unauthorised buildings and land uses that require development

consent under KLEP 1987 or uses not being carried out in accordance with

conditions of consent;


Responding to complainants within the restrictions imposed by the Privacy

Act;

Issuing Notices of Intention to Serve an Order to rectify any breaches;

Hearing representations in respect to deciding whether to issue Orders;

Reporting unauthorised uses/non-compliances to Council where a

satisfactory outcome cannot be negotiated for consideration of the need to

take legal action;

Briefing legal representatives in respect to any legal action;

Collection of evidence for submission to the Court;

Appearing before the Court;

Negotiating settlements in respect to any actions taken; and

Monitoring compliance with any Court orders, including commencement of

enforcement proceedings, if required.

Current Resources

Development Compliance is a function of Council‟s Regulatory Compliance Unit.

Council currently allocates equivalent full time staff (EFT) to Development

Compliance.

Statutory Requirements

In the case of unauthorised development or development not in accordance with a

consent, Council has the option of issuing orders under Sections 121A to 121ZS or

to commence action under Section 123 of the Environmental Planning and

Assessment Act seeking orders from the Court to restrain a breach of the Act.

Generally, orders and associated Penalty Infringement Notices are used for less

serious breaches, with action under Section 123 used for more serious breaches,

whereby significant penalties and costs may be awarded.

In the case of orders under Sections 121A to 121ZS, whilst Council is often entitled

to issue Penalty Infringement Notices for matters such as Development Without

Consent or Development Not in Accordance with Consent, it only does so following

the repeated failure of alleged offenders to comply with Council‟s requests to rectify

the relevant breach. In the majority of instances offenders are unaware of their

obligations and co-operate with Council to achieve the desired outcome without the

need to issue Penalty Infringement Notices. The process involves:

Issuing an initial letter advising the owner/operator of the alleged breach

with a request to discuss the matter, including the requested timeframe.

Where a satisfactory reply is not provided, issuing a Notice of Intention to

Serve an Order providing:

- Details of the alleged breach;

- An invitation to make representations, including requested

timeframes;

- Details of the actions that will be the subject of the Order, including

any applicable penalty.


Receiving and considering any representations made by the

owner/operator/occupier;

Either:

- Issuing the Order;

- Issuing an amended Order;

- Issuing a Penalty Infringement Notice;

- Taking no further action

Where the order fails to achieve the desired outcome, additional orders may be

issued or Council may commence Class 4 proceedings in the Land and Environment

Court.

For prosecutions taken under Class 4 of the Land and Environment Court Act and

the Environmental Planning and Assessment Act, the onus lies with Council to prove

that a breach of the Act has occurred and that the correct procedures have been

observed, with costs usually awarded to the successful party.

In order to be successful in obtaining costs orders, it is necessary for Council to

demonstrate that it was left with no other avenue to restore the breach and that

Natural Justice has been afforded to the alleged offender. The Court is unlikely to

issue orders restraining a breach, except where significant environmental harm is

occurring, or is likely to occur, unless Council has afforded the alleged offender the

opportunity to remedy the breach by obtaining any necessary approvals. Having

regard to Council‟s Delegated Authority to the General Manager, a resolution of

Council is required prior to commencing legal action and matters are only reported

to Council after all required warnings have been provided to the alleged offender.

Once action has commenced the process of filing affidavits and responding to

affidavits in reply is resource intensive often occupying a significant amount of time

of several officers.

In most instances, matters do not proceed to a full hearing with issues negotiated

between the parties and settled by the issuing of orders by consent of each party,

including the issue of costs.

Prioritisation of Development Compliance Matters

Given Council‟s restricted resources, consistent with Council‟s Compliance and

Enforcement Procedure, it is necessary to determine a process for prioritising

Development Compliance actions on a risk management basis. In determining

recommended priorities, the following factors are taken into consideration:

Whether the matter relates to a written complaint (Whilst complaints are

accepted over the phone, important facts can be missed without reference

to written details);

Whether the complainant has identified themselves (It is often difficult to

resolve a complaint without knowing the identity of the complainant,

including whether the complainant is being affected by an alleged breach);

Whether the alleged breach is, or is likely to result in significant

environmental harm or risk to public health;

When the alleged breach occurred and whether it is continuing;


Whether the alleged breach can be remedied by the issuing of a consent,

including the likelihood of approval being given (in many instances, whilst a

technical breach by failing to obtain a consent can be readily established,

provided no significant harm is, or is likely to be caused to the environment

or a complainant, the process of pursuing the breach is assigned a lower

priority);

Whether Council is likely to be at risk of an action by a third party and, if so,

the potential for costs or damages to be awarded against Council;

The efficacy of taking action and whether any alternative dispute resolution

mechanisms may be more appropriate; and

Even if likely to be successful in any action, the capacity of the

owner/operator/occupier to pay costs and/or comply with Court Orders,

including Council‟s capacity to enforce the Orders.

Unauthorised Rural Dwellings

As previously reported, Council has adopted an On-site Sewerage Management

Strategy which provides for a program of inspections of septic systems based on

risk.

In determining whether to issue an approval to operate each system, amongst a

range of considerations, Council is obliged to ensure that existing dwellings which

generate the effluent, meet the requirements of the Environmental Planning and

Assessment Act, 1979 (EP&A Act). In determining compliance with the EP&A Act,

Council is required to establish that the dwellings were lawfully erected.

As at the time of writing, there was 71 dwellings, including 23 properties with

multiple dwellings identified for which no approvals have been issued that remain

outstanding.

There are a further 35 structures with rudimentary amenities capable of being

occupied as dwellings which are currently unoccupied. Annual inspection of these

structures will be undertaken to ensure compliance with Kempsey Local

Environmental Plan 1987.

103 development applications for continued use of unauthorised dwellings have

been lodged since July 2011.

82 applications have been approved. 41 applicants have complied with all

conditions of consent with 41 yet to comply with conditions of consent.

A further 21 applications have been lodged, whereby Council has requested further

details that are yet to be approved.

Legal Action – Unauthorised Dwellings

Council has resolved to commence legal action in relation to thirty five (35) matters

involving dwellings that have been identified as being erected without development

consent. Of these:

29 matters have been referred to Council‟s various legal representatives

resulting in 23 matters having been resolved;

6 matters are yet to be referred to Council‟s legal representatives: and

6 matters referred to Council‟s legal representatives for further action include:


Owner Property Description Status

Pending submission of evidence to

establish Existing Use Rights for dwelling

On Hold - Pending outcome of Rural Land Release Strategy

Legal letters issued – Response received and preparing DA for

submission

Legal letters issued – Multiple Dwellings.

Legal letters issued – Response received and preparing DA for submission

– further 28 days provided as the owner was overseas.

Protocols for Receiving Representations

As advised to councillors at the workshop of 18 February 2013, Council‟s solicitors

have requested that measures be put in place to limit the potential for litigants to

be provided with conflicting advice once Council has resolved to take legal action.

In this regard, the following protocols are requested to be observed by councillors:

Following a Council resolution to take action requiring the submission of a

Development Application or relating to non-compliance – Councillors are

requested to refer any enquiries to Council staff who are responsible to

implement Council‟s resolutions. Staff will receive additional representations

seeking to resolve the matter prior to referring the matter to Council‟s

solicitors.

Once a matter has been referred to Council‟s solicitors – Councillors are

requested not to enter into any discussions or correspondence with any

party in order to minimise the potential of Council‟s action being prejudiced,

including any potential costs orders.

Quarries

An audit to determine the status of current quarry operations within the Shire

commenced in November 2011. Quarries that are operating under the terms of a

development consent are required to submit annual returns relating to the amount

of extraction, with a number of the quarries required to pay contributions towards

Council‟s road network on a per cubic metre basis.

54 quarries have been identified within the Shire. Of these, 13 quarries have been

abandoned, and 6 quarries are owned by government agencies. Of the remaining

quarries, 27 are currently active, 8 are currently non-operational and 11 quarries

owned by Council of which 10 are identified as active.

Quarries broken up into several categories:

Quarries registered under SEPP 37 that enjoy existing use rights only;


Quarries registered under SEPP 37 that have development consent to

expand; Quarries that have development consent;

Quarries that are owned by Council and other government agencies.

The audit into quarries will continue to ensure that the annual returns are

submitted and any contributions paid where applicable.

Having regard to the potential for environmental harm and outstanding

contributions, quarries are allocated a medium priority.

The majority of quarries have complied with Council‟s request by providing up to

date returns and paying outstanding contributions to 2011/2012.

Annual returns for the 2012/2013 period are now due and audits are currently

being undertaken for this period.

Council is presently working with NSW Office of Water in relation to 9 river quarries

within the region that require a Controlled Activity Approval under the Water

Management Act 2000. Many existing approvals expired over recent years. Low

levels of extractable material have seen quarries remain inactive for this period.

Recent flooding events have replenished the extractable river material and many of

these quarries have recommenced activities.

It is noted that of the 9 river quarries in operation, only 3 have the relevant

approvals from the Office of Water.

Information regarding these quarries is currently being compiled in order to work in

co-operation with the Office of Water in monitoring quarrying activities, and a joint

inspection with the Office of Water of all river quarries will be undertaken over the

coming months.

Current Outstanding Compliance Actions

Low priority

Medium priority

High priority

Reg No.

Owner/ Operator

Address Description Priority Status/Comment

CR-227

Development not in accordance

with consent

Medium The order has been issued 9/8/11. The development

consent is not complied with. 21/10/2011 Non complying building

CR-

276

Unauthorised

development - multiple dwellings

High SEPP 15 Rural Land

Sharing Community

. Checking compliance with conditions of consent and have requested DA‟s for

continued use of existing buildings as dwellings. Three (3)


Reg No.

Owner/ Operator


DA‟s received in

August 2013.

CR-277

Storage of material

Medium Pending issue of Notice of Intention to Serve an Order.

CR-285

Unauthorised Tourist Development

High Unapproved Tourist Facility / Multiple unauthorised dwellings. Reported to Council to commence Class 4

proceedings if a DA is not lodged.

CR-851

Unauthorised Development

High Development consent as a school. Currently being used

as a Tourist Facility (relocated

). Reported

to Council to commence Class 4 proceedings if a DA

is not lodged.

CR-286

Unauthorised Breeding Establishment

Low Possible unauthorised dwelling and unauthorised animal

breeding establishment.

CR-287

Unauthorised Breeding Establishment

Medium Possible unauthorised animal breeding establishment.

CR-388

Unauthorised building

Medium Search warrant considered as assess refused. Consent granted for

inspection July 2013. Unauthorised dwelling and shed observed. Request for lodgement of DA.

CR-

1013

Unauthorised

building

Medium Search warrant

considered as assess refused. Consent

granted for inspection March 2013. Request for information issued to owner in relation

to existing dwelling.

CR-436

Not in accordance with Development

Consent

Medium Contact made with

and was advised that they are

monitoring and will


Reg No.

Owner/ Operator


be providing the

information to Council.

CR-437

Payment of Contributions

High Details submitted and assessed. Advised June 2013 that no credit exists for water and

sewerage developer supply charges.

CR-440

Development without consent

Medium Unauthorised use of packing shed and payment of contributions.

CR-

441

Not in

accordance with development

consent

Medium Unauthorised use of

packing shed and payment of contributions.

S94 Contributions – Complying Development

Medium Section 94 contributions not paid prior to issue of Complying

Development Certificate.

S94 Contributions – Complying

Development

Medium Section 94 contributions not paid prior to issue of

Complying Development Certificate.

CR-449

Non-compliance with

conditions of consent

Medium – occupied building and non-compliance

with conditions of consent

CR-474

Compliance with conditions of

consent

Medium Site occupied with outstanding conditions of

consent

CR-700

Not in accordance with development consent

Low Alleged development not in accordance with SEPP 9.Being monitored.

CR-724

Alleged Non-compliance with


Low Reports being investigated of alleged breaches of


CR-791

Exceeding extraction rates

Medium DA modification approved to increase extraction. Returns submitted for 2012/2013.

CR-581

Not in accordance with development

Medium Storage not in accordance with the DA.


Reg No.

Owner/ Operator


consent

CR-836

CDC - Contributions/Conditions C/C

Medium Payment plan approved. Contributions not being paid and are outstanding. Follow

up non-compliance with development consent.

CR-869

Non-compliance with


Medium Cleared more than the DA approval. An application to modify

the DA approved 20/3/13.

CR-926

Development to comply with consent

Medium Surveyor‟s certificate indicates the dwelling has

been built on a Council Road. Applicants considering their option.

CR-

975

Development

without consent in SEPP 14 land

High Requested owner for

details together with a survey report.

CR-1024

Unauthorised Development

Medium No DA required for use of shed or

ancillary facilities for farm workers (showers/toilets).

Septic System requires upgrading.

CR-

1068

Unauthorised

Development

Medium Unauthorised

building work without consent - Item of local heritage significance. T6-13-190 - DA submitted

- Pending determination.

CR-1204

Compliance of Development Consent

Medium Non-complying development – Noise coming from a Gym. Request noise

report.

CR-

383

Unapproved

Dwelling – Multiple Dwellings

High Multiple Dwellings -

On hold - Pending submission to include land in rural/residential land

release area.

CR-467

Unapproved Dwelling – Multiple Dwellings

High Legal - Preparing DA - Dual Occupancy.

CR-146

Unapproved Dwelling –

High Legal - Multiple dwellings.


Reg No.

Owner/ Operator


Multiple

Dwellings

Negotiating with

owner to lodge DA.

CR-791


High Multiple Dwellings - Report being prepared for Council

CR-610

Unapproved Dwellings – Multiple Dwellings

High Multiple Dwellings - On hold - Land has been included in rural/residential land release area.

CR-432


High Multiple Dwellings - On hold - Pending submission to include land in rural/residential land

release area.

CR-723


High Multiple Dwellings. DA being prepared

CR-456


High Multiple Dwellings - Final letter issued.

CR-728

Unapproved Dwelling –

Multiple Dwellings

Medium Multiple Dwellings – submitting

application to Subdivide

CR-897

Unapproved Dwelling – Multiple

Dwellings

Medium Multiple dwellings - Liaising with owners

CR-934


High Multiple Dwellings – requested lodgement of DA not received- Pending report to Council

CR-182


High Multiple Dwellings – requested additional information not received- Pending

report to Council

CR-832


Medium Multiple Dwellings - SEPP 15 to be investigated. Pending repair of access bridge.

CR-655

Quarry - Compliance with Development Consent

Medium Outstanding returns and documentation required. Issue of Notice of Intention to Serve an Order.

CR-639

Quarry – payment of outstanding contributions

Medium Negotiating payment required for outstanding contributions or proposal for works in kind on Quarry Rd of


Reg No.

Owner/ Operator


same value.

CR-

662

Quarry –

payment of outstanding contributions

Medium Payment required

for outstanding contributions 2002-2010. Returns required for 2010-2013.

Forty one (41) Properties where Council has approved a DA for continuing use of an existing

building for a dwelling subject to conditions.

Development to comply with consent

Medium Requests are being sent to the applicants for the required information to be submitted within the time frames set out in the

consent. If there is no response after a series of letters then the matter will be reported to council.

Twenty one (21) Properties where Council is awaiting information / payment of fees

to enable determination of DA for continuing use of an existing building for a

dwelling

Unapproved Dwellings

High Requests are being sent to the applicants for information to be supplied to enable DA to be

determined.

Sixty four (64) Properties where Contribution are to be paid prior

to being construction

Compliance with conditions of consent

Medium Site inspection/review carried out monthly

Sixteen (16) Properties where Contribution are

to be paid prior to being construction of Flood Mound


Medium Site inspection/review carried out monthly

Sandwich Board

Signage on footpath and road reserves.

Low Audit of all

structures being undertaken

Unregistered Trailers used as Advertising

Structures on Public Land

Medium Four (4) Letters requesting owners to remove from road

reserves

Registered Trailers used as Advertising

Low Five (5) trailers


Reg No.

Owner/ Operator


Structures on

Public Land

Approximately one hundred (100) main road Signage

Located along main roads


Low Audit being undertaken of highway signage to ensure compliance

with consent. Signs identified and are being checked with consents.

Nineteen (19)

Alfresco dining locations

Various

locations

Compliance

Audit

Medium

Environmental Health

The 2013/17 Delivery Plan identifies the following Performance Measures relating to

Environmental Health:


Percentage of environmental quality

complaints responded to < 7 days

90%

Number of Environmental Health

inspections per annum

500

Environmental compliance is a function of Council‟s Environment Unit and includes:

Audits of industrial/commercial premises to ensure activities are being

conducted in accordance with statutory requirements;

Investigations relating to water quality matters which often involves liaison

with State agencies such as the Department of Environment Climate Change

and Water (DECCW) and NSW Office of Water;

Investigations relating to noise issues;

Investigations relating to air quality issues such as unauthorised burning

(smoke) nuisance complaints; and

Issuing Notices of Intention to Serve an Order.

Current Resources

This function is undertaken by equivalent full time (EFT) staff. The same officers

undertake Council‟s NSW Food Authority, Public Health Act and Protection of the

Environment Operations Act requirements, supervise Ranger Services and

undertake development assessment and building certification roles.

In 2012/2013 officers dealt with 605 Environmental Compliance matters (50 per

month).


The majority of environmental compliance matters are dealt with under the

provision of the Protection of the Environment Operations (POEO) Act 1997. This


Act provides Council with the authority to issue notices to enforce compliance

matters.

Environmental Compliance Notices are used in the following circumstances:

Notices under the POEO Act 1997 Circumstance issued

Clean up Notice S91(1) May be issued when a leak, spill or

other escape or deposit of a substance

that results in pollution is likely to

occur, had occurred or is occurring. A

Clean up Notice may require action to

prevent, minimise, remove, disperse,

destroy or mitigate any pollution

resulting or likely to result from the

(pollution) incident.

Prevention Notices S96(2) May be issued if an activity is

conducted in an environmentally

unsatisfactory manner (e.g. no bunded

area around oil storage bay).

Smoke Abatement Notices S135B(1) May be issued in respect to excessive

smoke from residential chimney.

Noise Control Notices May be issued to prohibit carrying out

any activity that emits noise above a

prescribed level (e.g. grinder shall not

exceed 52dba).

Noise Abatement Order May be issued to control barking dogs,

noisy stereos and pool pumps.

Prioritisation of Environmental Compliance Matters

Environmental Compliance matters generally occur spontaneously and assessment

of the magnitude of the issue is made and resources directed accordingly. The

community have the expectation that environmental issues will be dealt with

immediately and are vigilant in reporting potential issues to Council. The resolution

of some Environmental Compliance issues can be time consuming, which in turn

impacts upon other programmed functions that Council‟s Health and Building

officers perform. As is the case in all compliance functions, a risk management

approach is taken with reference to Council‟s Compliance and Enforcement Policy.

Current Outstanding Environmental Compliance Actions

Owner/

Operator


Noise and dust

Low This matter has been ongoing since 2008 Prevention Notices have been issued under the POEO Act and failure to

comply may result in the matter being reported to Council to consider proceeding.

Overgrown

block and storage of material

Low Notices and orders issued.

Land cleared.

Accumulation of car bodies and scrap

Medium Letter requesting the removal of material.


Owner/ Operator


metal

Burying Asbestos on River Bank

High This matter resulted from an anonymous complaint concerning alleged burying of asbestos Requested a report from

the owner to remove the material.

Pollution from a Clandestine Drug Lab

High (Low)

Issued a Direction to take clean-up Action under the Section 91 POEO Act requesting work to be

completed in accordance with the remedial action plan submitted by the occupational hygienist.

Noise affecting

adjoining residences coming from the exhaust fan

High Requested that an acoustic

enclosure be provided around exhaust. Enclosure constructed and noise is at acceptable level.

Noise affecting

adjoining residences coming from the refrigeration units on top of the building

High Owner has undertaken work

on the refrigeration units and has had new bearings fitted.

Bird scaring device.

High Electronic siren device deployed to scare ducks from rye grass.

Motor bikes

causing a dust nuisance

Medium Dust causing pollution issues

to an adjoining property. Under investigation.

Alleged fuel leaking from underground tanks

Medium Alleged leaking from fuel tanks after the February floods. Liaised with EPA and

with agreeing to undertake integrity tests on the tanks which found that the tanks were not compromised. EPA has advised that there is a

hydro carbon plume beneath the site which is being monitored. There is no evidence of offsite migration.

Removal of

tanks and soil

remediation

High Reports received and site

remediated. Validation report

received and being reviewed.

Removal of tanks, asbestos, hydrocarbon

pollution and soil remediation

High Removal of fuel tanks and site remediation asbestos discovered. Validation report received for the tanks and

additional report required for the asbestos. Environmental report under and identified hydrocarbon contamination hot spots. Partial remediation


Owner/ Operator


undertaken with some not

possible. In conjunction with EPA, criteria was set for an Environmental Management Plan to be submitted by Nestles to manage the contamination onsite.

Asbestos Contamination

High Working with the Environmental Consultant regarding remediation. Council is assessing a DA for the removal of asbestos as the site was captured by SEPP

55 (Heritage).

Fuel contamination

Low are seeking to finalise the matter

Odour Issues High Working with EPA to install new filters

Various non-compliances with


Low Need for follow-up on audit previously carried out in conjunction with the

Food Act Compliance


Environmental Health:


Percentage of compliant food shop

inspections

85%

Percentage of food premises inspected

per annum

100%

The functions carried out in relation to Food Act Compliance include:

Hygiene and handling issues;

Foreign matter in food;

Food quality including deterioration;

Labelling or advertising;

Food borne illness complaints;

Food composition i.e. meat percentage pies; and

Food Hawkers licenses.

Council is bound under contract by the NSW Food Authority to undertake food

related compliance investigations. Council has Performance Measure under –

Healthy Goal – Delivery Plan 2013/2017 that relate to compliance for food matters:

Percentage of compliant food inspections - 85%


Percentage of food premises inspected per annum - 85%

Current Resources

Food Act Compliance is undertaken by EFT staff who also undertake other

duties including public health, building and environmental compliance matters.

In 2012/2013 there was 168 food businesses identified within the Shire for which

Council undertook 298 inspections of which 234 were satisfactory.


Food compliance issues are dealt with under the NSW Food Act 2003, and Food

Standard Code. Notices and in what circumstance are tabled below:

Notices Under Food Act 2003 Circumstance issued

Prohibition Order (Section 60) Issued if a major breach of Food Standards

Code occurs (e.g. unrefrigerated chicken

products being sold, food handler has HEP

B and is unfit to handle food). The Order

requires shop closure or prohibits a food

handler from handling food.

Improvement Notice (Section 50) This notice sets out what breaches of the

Food Standards Code have occurred. It

details what measures must be taken by a

set date to comply.

Prioritisation of Food Act Matters

Under direction from the New South Wales Food Authority Council must respond

immediately if a food complaint represents “Clear and Present Danger” to the

public. Most complaints directed to Council are considered a public health threat

and are investigated immediately. Council has received 6 work requests for food

related matters which have been investigated.

Annual and biannual inspections are scheduled throughout the year with low level

breaches assigned a Medium priority with any breaches likely to be a risk to public

health dealt with immediately.

Current Outstanding Food Act Compliance Matters

There are currently 30 outstanding minor compliance matters relating to issues

such as lack of soap and paper towel at hand basin and lack of commercial

sanitiser, storage of food issues (cross contamination) and cleanliness.

There is one matter outstanding from 2012 and two major outstanding matters

where Council has issued an Improvement Notice under Section 58 Food Act 2003

on the premises which incurs an Administration Fee of $330.

Owner/Operator Address Description Priority Status/Comment

Improvement Notice

High Floor surface in food preparation area damaged Requires repair to facilitate cleaning – floor is in abeyance till new lease is

entered into.

Improvement Notice

High Additional hand basin required. Damaged flooring incapable of being



cleaned. No food safety

food Supervisor certificate.

No thermometer. Premises not in a clean/sanitary condition. Inappropriate food cooling procedures.

Improvement

Notice

High Incorrect Storage of food.

Food incorrectly thawed. Inappropriate food contact surfaces.

Public Health Compliance

The functions carried out in relation to Public Health compliance include:

Drinking water quality for private water supplies;

Legionella issues;

Skin Penetration operators and procedures i.e. Acupuncturist, tattooist,

beauty therapist and body piercing premises;

Operation of water carters;

Operation of Public Swimming Pools

Current Resources

The Public Health Compliance is undertaken by EFT staff who also undertake

food and environmental compliance work.


The compliance regulations specific to the public health functions Council

undertakes are tabled below:

Public Health Compliance Function Legislation to be implemented

Private water supplies, non-reticulated

water and i.e. may include caravan

park, camping ground:

- Guest houses, B&Bs, hotels

- Community Halls

- Schools

- Cafes/Restaurants

Council maybe come involved with

complaints related to microbial quality,

signage and foreign items in the water

supply.

NSW Public Health Act 2010 Part 5

Public Health Regulations 2012-

Transitional period 1 Sept 2014 and

Public Water Supply Guidelines 2008.

Local Government Act 1993

NSW Food Act 2003

Skin penetration

Skin penetration activities have the

potential to allow for micro-organisms

to be transferred from person that can

transmit diseases such as HIV, Hepatitis

B and C.

Public Health Act 2010

Skin Penetration Procedures

Public Health Regulation 2012.

Legionella

Council has a number of cooling towers

Public Health Act 2010 part 2 Public

Health Regulation 2012.


Public Health Compliance Function Legislation to be implemented

and warm water systems within the

Shire. Legionella is potentially fatal and

complaints and NSW Health directives

require immediate action.

Public Swimming Pools and Spa Pools

Complaints generally are associated

with water quality or associated illness

from swimming in Public Pools.

Public Health Act 2010 and Public

Health Regulations 2012 – Transitional

period 1 March 2013.

Prioritisation of Public Health Matters

These complaints are acted upon with a high degree of urgency as they have the

potential to have significant public health impacts. Often Council liaises with NSW

Health when handling these public health complaints.

Current Outstanding Public Health Compliance Actions


Burnt out dwelling which may contain asbestos

High Require fencing and hygienist report.





Alleged operation of

tattoo parties and tattooing on persons under the age

of 18

High Investigated and letters sent to alleged operators

detailing the serious health risk (blood borne diseases) and the requirements of the Public Health Act.

Chlorine below the required level.

High Requirement to increase the chlorine level

On-site Sewage Management Systems Compliance

The 2013/17 Delivery Plan identifies the following Performance Measure relating to

the On-Site Sewage Management Strategy:


Number of on-site sewage

management systems inspections per

annum

840

Current Resources

All on-site sewage management systems (OSMS) within the Kempsey Shire are

required to be inspected to ascertain if the system is achieving compliance with

DCP32 – OSMS Strategy, Sections 68 and 124 of the Local Government Act 1993

and the Local Government (General) Regulation 2005. Council allocates EFT

staff responsible for carrying out OSMS inspections as part of the OSM program.


OSMS compliance in the past six months has been focusing on:

• Systems with continual non-compliance,

• Systems in high-risk locations e.g. Bellbrook, Willawarrin, Kinchela,

Fisherman‟s Reach

• Systems previously uninspected/unregistered, generally in more remote

locations of the Shire.

Over 4600 systems are now registered within the Shire with another 50 or so are

still to be inspected in the upper reaches of the catchment.


Under Section 68 of the Local Government Act 1993 all owners of OSMS are

required to obtain Council approval for the installation and operation of an OSMS

and must comply with the conditions of the approval. If non-compliance issues are

identified with an OSMS, Council may issue a Notice of Intention to Serve an Order

under Section 124 (Order No 21) of the Local Government Act 1993 which may

result in the issuing of an Order.

Some non-compliance issues are rectified following an initial letter with most cases

rectified following a second letter or following a Notice of Proposal to Serve an

Order. In some cases of high risk non-compliance, an Emergency Order and Penalty

Infringement Notice may be issued after initial inspection.

Prioritisation of OSMS Compliance Matters

As with all regulatory functions, non-compliance issues are prioritised based on risk.

Minor issues of non-compliance are usually not pursued following the initial letter.

Major issues of non-compliance are prioritised based upon whether the failing

system is, or likely to, result in significant environmental harm or risk to public

health.

Current Outstanding OSMS Compliance Matters

Owner/ Operator


Insufficient septic system servicing the park

High High level of nutrients moving in ground water from septic to river. Insufficient septic system

serving the caravan park and no approval to operate under Section 68 LG Act in a SEPP 62 (Oyster) area.

Insufficient septic

system servicing

the park

High High level of nutrients

moving in ground water

from septic to river. Insufficient septic system serving the caravan park and no approval to operate under Section 68 LG Act in a SEPP 62 (Oyster) area.

Currently conferring with Council‟s Infrastructure on possible options for the site.

Failing trenches High Onsite meeting with stake


Owner/ Operator


holders to design new

system.

15 properties in High Risk area

Failing trenches High Letters sent to owners requesting submission of upgrade plan for trenches.

110 properties No quarterly service reports for AWTS systems.

Medium Systems have not been serviced and quarterly reports provided to Council. Letter of request Notice of Intention to Serve an Order to provide documentation.

Ranger Compliance


Ranger Services:


Percentage of Ranger complaints

responded to < 5 working days

95%

Percentage of contained dogs collected

< 6 hours

90%

Percentage of stray dog complaints

responded to < 2 working days

95%

The main functions that are carried out in relation to Ranger Compliance matters

include:

Parking;

Dogs, including barking dogs, straying dogs/cats, dog attacks, restricted

dog issues, dangerous and nuisance dog matters and impounding;

Other animal matters;

Vehicles on beaches;

Over grown blocks;

Illegal camping;

Vehicles abandoned;

Rubbish dumping;

Livestock on roads;

Minor pollution matters;

Operation of the Pound (not related to compliance – 0.3EFT).

Current Resources

Council employs EFT staff with EFT staff allocated to ranger compliance

services and EFT allocated to parking patrols. The full time rangers work split


shifts over the full seven days of the week. Council has rangers on Wednesday,

Thursday and Friday with ranger working the other days.

During 1 July 2012 – 30 June 2013 Council‟s Rangers:

Responded to 1676 Work Order requests (140 per month) with 97.15%

responded to within 5 days;

Impounded 543 dogs and cats (including 2 X daily cleaning and feeding at

the Pound);

Returned/sold/rehoused 80 dogs and cats;

Euthanized 377 dogs (by Council‟s Rangers at an estimated saving of

$41,500 for the period);

Issued 34 Penalty Infringement Notices for breaches of the Companion

Animals Act

Responded to Cattle and horses on roads – 110 requests;

Abandoned vehicles – 41 requests;

Illegal camping – 28;

Dumping of rubbish – 72 with 13 infringements issued;


The majority of the ranger issues are dealt with under the provisions of the

Companion Animal Act 1998. This Act allows for the issuing of orders in respect to

dangerous and restricted breed dogs, uncontrolled and nuisance dogs.

The Compliance Orders used and in what circumstance are tabled below:

Orders Under Acts Circumstance Issued

Companion Animal Act 1998 Dangerous Dog Declarations

Restricted Dog Declarations

Nuisance Dogs

Uncontrolled dogs

Unregistered dogs

Local Government Act 1993 Section

124

Overgrown allotments

Control and regulate the number of

animals kept on a property and in

what conditions

Roads Act 1993 Traffic matters

Protection of the Environment

Operations Act 1997

issue Noise Abatement Order for

Barking dog and rooster issues

Impounding Act 1993 impounding livestock, abandoned

vehicles and other items such as

shopping trolleys

Prioritisation of Rangers Matters

Council‟s rangers prioritise their work based on work requests received by

Customer Services. Work requests are prioritised based on the relative risk to

public safety or nuisance being caused. Council‟s rangers are on call-out for dog


attacks and straying stock matters only and will receive calls from the police or

afterhours call centre.

These functions are given a high priority and there are approximately 31 dogs and

cats collected per month and 36 stray dogs and cat requests responded to per

month. The other 1283 work requests are dealt within an average of 1.1 days.


Owner/

Operator


15 Dog attacks during 1/7/12-30/6/13

High Matter investigated and appropriate action taken – no action, dog surrendered, dog

declared a nuisance or dog declared dangerous and appropriate

infringements issued.

20 Dangerous Dog Declarations

High Council has declared the dog dangerous and the

requirements are audited annually.

2 Nuisance Dog Declarations

High Council has declared the dogs a nuisance which expires after 6 months.

214 Overgrown lots likely to harbour vermin

Low Letter sent requesting the owner to attend. If no action then Notice, Order and Infringement issued.

19 Overgrown lots likely to harbour vermin

Medium Infringements issued where the owners have not complied with the order.

Barking dogs Medium Under investigation

Barking dogs Medium New fence installed



Barking dogs Low Police have issued an Abatement order and fines.

NOTE: Under proposed changes to the Companion Animals Act, it is intended to

introduce a new category of “Menacing Dog” with the intention of identifying dogs

that are potentially dangerous, before they actually attack any person or animal.

The current Companion Animals Act provides for classifying dogs as either

“Nuisance” or “Dangerous”, whereby Rangers are required to establish, through

observation or some other form of physical evidence (video, bite marks, eye

witnesses, etc), that the dog is either a nuisance or is dangerous, before making

any declaration.

The proposed Bill provides for complaints to be instigated by anyone, without

supporting evidence, that a dog has displayed aggressive behaviour. The rangers

will then be required to gather information from the complainant and make their

own assessment as to whether the dog should be declared as menacing. The


potential for increased complaints and pressure being brought to bear on the

rangers to declare dogs as menacing is likely to be significant.

Parking

Council employs a EFT designated Parking Officer who undertakes parking

duties 3 days per week in Kempsey, including West Kempsey and the hospital,

South West Rocks and Crescent Head, together with school zones. During 1 July

2012 to 30 June 2013, Council issued 377 parking infringements with a value of

$83,005 (this included 87 infringements concerning disability parking areas).

Council issued another 34 infringements for animal related matters (Value $12,210)

and 20 other infringements (litter, pollution, etc.) (Value $3,080).

A total of 431 infringements were issued from 1 July 2012 to 30 June 2013 with a

value of $98,295.

Building Compliance


Building Services:


Required Annual Fire Safety Certificates

are provided

100%

Current Resources

Council employs EFT staff to undertake building compliance matters with 139

Work Requests processed from 1 July 2012 to 31 December 2012 related to:

illegal building work;

building work not in accordance with approved plans;

Annual Fire Safety Certificates;

non-compliant swimming pools;

unsafe buildings;

stormwater matters and

access to buildings, non-complying and other associated requests.


Building staff are responsible for those matters set out in Council‟s Orders Policy

Part A – Local Government Act, Part B – Environmental Planning and Assessment

Act and Swimming Pool Act.

In accordance with the Environmental Planning and Assessment Act and Local

Government Act, Council‟s building staff are required to observe certain procedures

before giving Orders.

The time taken to carry out the legal procedures strictly in accordance with the

legislative requirements is time consuming and lengthy and, is itself, subject to

appeal if not followed correctly.


Before commencing action under the Swimming Pool Act concerning unfenced

swimming pools, Council must establish the installation date of the pool as the

legislation differs for pools installed prior to 1 August 1990, after 1 August 1990

and after 1 July 2010.

In 2012, a comprehensive review of the Swimming Pools Act 1992 was finalised.

This review identified a number of amendments designed to enhance the safety of

children under the age of five years around private („backyard‟) swimming pools in

NSW.

The new Swimming Pools (Amendment) Act 2012 which includes:

Development of a State-wide Swimming Pools Register available for use by

29 April 2013,

All NSW Swimming pools to be registered by owners by 29 October 2013,

Pool owners require a swimming pool compliance certificate before sale or

lease of their property from 29 April 2014.

Amended Council Responsibilities:

develop a private swimming pool compliance register;

Develop and implement a swimming pool barrier inspection program in

consultation with the community by 29 October 2013;

Report annually on the number of pool inspections undertaken and the level

of compliance with the requirements;

Inspect pools associated with tourist and visitor accommodation and

multi-occupancy developments at three year intervals;

At the request of a pool owner, inspect pools prior to sale or lease; and

Issue compliance certificates after an inspection which finds a pool barrier

compliant with the requirements of the legislation. Compliance certificates

are valid for three years.

Councils may charge a fee for each inspection undertaken (up to a maximum of

$150 for the first inspection and $100 for one re-inspection resulting from the first

inspection).


Register No.

Owner/ Operator


CR-322

Not in accordance

with development consent.

Medium Development

incomplete

CR-449

Non-compliance with conditions of consent

Medium –no Certificate for essential fire safety services.

CR-870

Non-compliance with conditions of consent

Medium Discussing outstanding matters with the


Register No.

Owner/ Operator


owner

CR-1182

Unfenced Swimming Pool

High Order issued

Building not in accordance with the

approved plans and unauthorised work.

Medium Applicant to provide details.

16 QUESTIONS FOR NEXT MEETING

(Excerpt from Code of Meeting Practice Procedure 5.1.4)

2.4.3 Questions for Next Meeting

1 Councillors, just prior to the end of a Council meeting, may raise

questions on the understanding that the answers will be provided at

the following meeting. Each Councillor will be allowed a maximum of

five questions.

2 Such questions will be recorded in the minutes of the meeting.

3 When such questions are listed, there is nothing preventing an answer

being given straight away if it makes sense to do so. (Local)

Responses to questions from last meeting

20.8.13

2511 KEO

COUNCILLOR A P PATTERSON FILE: F12/227-02

QFNM1

What are the police doing about home invasions in the area?

RESPONSE:

The NSW Police Service Local Area Command has established an operation based in

Kempsey to investigate the home invasions. Due to ongoing investigations no other

information is available as at 28 August 2013.

20.8.13

2511 KEO


QFNM2

Why was the CCTV funding unsuccessful?

RESPONSE:

The Assistant Director of the Crime Prevention Division of NSW Attorney General‟s

Department has advised:

“Unfortunately, Kempsey Shire Council‟s application for National Crime Prevention

Funding was not successful. We had a very large number of high-quality

applications from councils around Australia. While your application was assessed as

being worthy of funding, we had a very strong field and only one-third of

applications were successful. However, your application was one of those of sound

merit that missed out on funding by a very narrow margin. It is also worth noting

that many of those councils that were successful only received a portion of their

requested funding to enable us to award funding to as many applicants as possible.

If further security infrastructure funding becomes available for local government,


we would welcome another application from Kempsey.”

20.8.13

3211 RJS


QFNM3

Is the new roof on the shelter shed at SWR on time?

RESPONSE:

Council has placed an order for supply, delivery and installation of a new shelter

structure for Horseshoe Bay Reserve to replace the previous shelter shed. Delivery

of the structure is anticipated at the end of October 2013 with erection being

planned for November 2013 ahead of the intended installation date of December

2013.

The design of the shelter structure has a similar roofline to the previous shelter,

however, it does not include the storeroom which was not required in the

replacement.

20.8.13

3174 RJS

COUNCILLOR D F SAUL FILE: F12/227-02

QFNM1

Has Council undertaken any maintenance on the floodgates Maria River

Road?

RESPONSE:

There are 15 in the Maria River area which form part of Council‟s Lower Macleay

Flood Mitigation Scheme. These gates are all automatic and consist of a flap fitted

to the drainage outlet. The major structure at Big Hill had major maintenance

works undertaken during 2010/2011. The last inspection of this major structure in

2012 identified that the structure is in good condition overall.

The remainder of the structures are considered low priority as they are generally in

place to prevent the tidal waters from pushing back into the constructed drains.

There is no current information to indicate when the drains and floodgates were last

cleaned out and maintained; however, the inspection reports from 2012 indicate

that this action is required.

20.8.13

3213 RJS


QFNM2

What can Council do to deter the problem of illegal camping/consumption

of alcohol/defecating behind Stuarts Point Hall?

RESPONSE:

The reports received by Council regarding this indicate that the concerns raised

could be resulting from the activities of local youth. Council staff could regularly

undertake a clean-up of this area. However, it is likely that the material will be

replaced whilst ever there is a desire from individuals to congregate in this area. As

the area is public reserve, there is limited ability to restrict access and use by the

public.

Providing alternative activities/facilities for youth could be seen as an opportunity to

redirect the actions of youth towards more constructive outcomes. Policing of the

use of the area is an option however would only be effective whilst there is an

enforcement presence onsite. Developing the reserve would also be another option

however it is likely to simply shift the behaviour to an adjoining undeveloped area.


20.8.13

3155 RJS


QFNM3

Can security be improved at Stuarts Point Tip to prevent further loss of

steel products?

RESPONSE:

The site is currently secured by a man proof fence around the perimeter. As the site

is remote from other properties there is very limited natural surveillance. The site is

open limited hours and is unattended for the majority of the time. As a result, the

site is prone to unauthorised activity. On a number of occasions the site has been

broken into and vandalised.

Council has leased a section of the site to the Stuarts Point Men‟s Shed, who have

developed a facility on the front corner of the site. With increased utilisation there

is a deterrent however the site will continue to be an easy target. There is the

potential to install CCTV cameras using the power supply from this building (with

approval from the Men‟s Shed)

The operating plan for this year has nominated a strategic review of our waste

services as a specific action. This strategic review will identify the long term

management strategy for the continuation of this service and it is anticipated that

security improvements would be identified in addition to other initiatives aimed at

improving operation of the site.

20.8.13

2121 KEO

COUNCILLOR B J MORRIS FILE: F12/227-02

QFNM1

Given the recent closure of the shop in Middleton St South Kempsey which

provided a social outlet is there any opportunity to bring forward the

improvements identified as a long term goal in the South Kempsey Plan?

RESPONSE:

Investigations have been undertaken by the Kempsey Family Community Centre for

a possible partnership to keep the shop open. Grant funding at this stage has not

been secured. The Lands Council has also been approached to look at options.

20.8.13

3165 RJS

COUNCILLOR E A CAMPBELL FILE: F12/227-02

QFNM1

Is there a cost to Council to remove rubbish build-up at charity bins? If so

what is it?

RESPONSE:

A brief review identified three charity bins in Kempsey. There are bins for Lifeline in

Stuart Street, Central Kempsey and Elbow Street West Kempsey. Anglicare have a

bin upon private property in Kemp Street.

Council is rarely required to attend the charity bins. In the past Council has

occasionally been requested to provide assistance to collect and dispose of an item

which is too big for the charities to handle (most commonly a mattress), however

there have been no requests in the last twelve months. From observation the worst

bin for illegal dumping is the one for Lifeline in Stuart Street.

Council does provide a system for the charities to dispose of dumped material at

the landfill on the basis that they have applied for and obtained an exemption from

paying the Waste Levy. This system replaced the previous voucher system and is a

lower cost to Council because of the exemption from the waste levy. During


2012/2013 the cost of permitting charities to dispose of dumped material was

$658.

The responsibility for cleaning the areas around the bins lies with the charity as a

condition of positioning the bins on public land. The current trend with charities is

to position the deposit bins on their own land.

20.8.13

2211 KEO


QFNM2

Can Council have an update on the resolution of council on the removal of

charity bins on public land?

RESPONSE:

Resolution 2012.9, 17 January 2012, “That Council work with charity organisations

about alternative options to the charity bins”.

A meeting was held with all charity bin operators (Salvation Army, St Vincent de

Paul, Lifeline and Anglican Op-Shop) with many different issues raised about

receiving charitable donations in general, the charity bins and the problems that

removing the bins would generate.

Follow up meetings will be arranged with operators of charity bins on public land

about how to further progress this issue, including either finding alternative

locations for the charity bins (off public land) or finding alternatives to using the

charity bins.

20.8.13

2211 KEO


QFNM3

Can Councillors have an update on the Creative Communities Initiative?

RESPONSE:

Creative Communities was presented to Councillors on Tuesday, 28 May 2013. This

day also included an implementation workshop for Council staff involved in the role

out of the program into the community.

This workshop raised a number of issues that has required Council staff

involvement in, prior to a formal launch of the program.

These issues include having a formal plan for the launch and external

communication of the program, undertaking broader community consultation to

gain an understanding of the program, undertaking local based project trials with

community ready partners.

It is anticipated that a formal launch of Creative Communities will take place at the

Street Party scheduled for 7 December, to celebrate the bypass and beginning of

the festive season.

= response provided at meeting

= response not provided at meeting

Questions to this meeting

17.9.13

3111 RJS


QFNM1


Noise reduction around the new highway around Old Station and Inches

Road – why wasn‟t this section tarred? The noise is unbearable.

17.9.13

3164 RJS


QFNM2

Where is Council up to with regard to the sporting field lights at South

West Rocks?

17.9.13

3111 RJS

COUNCILLOR A J WILLIAMS FILE: F12/227-02

QFNM1

What consultation if any was conducted with business owners at Barnard

Street Gladstone and Rudder St East Kempsey with regard to roadworks?

17.9.13

5211 APC

COUNCILLOR A T SHIELDS FILE: F12/227-02

QFNM1

What was final cost of the Clyde St Mall redevelopment?

17.9.13

3174 RBP

COUNCILLOR A T SHIELDS FILE: F12/227-02

QFNM2

In 2007 council built a 600mm concrete sill at „The Lock‟ Kinchela Creek.

The sill holds water back and stops effective drainage of the surrounding

farmland. It has also caused a proliferation of water weeds.

What is the objective of the sill and who are the benefactors? After 6

years, has it achieved its objective?

Who funded these works and what was the cost?

Why have the affected farmers not been offered compensation,

considering their agricultural land has now been deemed unusable?

17.9.13

3111 RJS


QFNM1

During reconstruction of Barnard Street was the level of the road raised

and if so was there any study done on the impact of flooding?

17.9.13

3111 RJS


QFNM2

In regards to the pavement failure near the Police Station, has underlying

cause been identified? When will rectification take place?

17.9.13

2311 KEO


QFNM3


Is any public consultation planned in support of the 4 x 10% rate increases

included in the Delivery Program?

17 CONFIDENTIAL ITEMS


Seconded: Cl. Saul

That Council form itself into the Confidential Session, and at this stage, the

meeting be closed to the public to permit discussion of the confidential

business items listed for the reasons as stated in the Agenda.

1 - 1211 RBP

2 - 1211 RBP

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.

SUMMARY

Reporting on a second dwelling that has been identified as being erected without

Development Consent being granted.


Seconded: Cl. Patterson

1 That the owner be requested to either,

(i) Demolish the unauthorised dwelling house in accordance with

the requirements of AS2601-2001 The demolition of

structures; or

(ii) Render the second dwelling uninhabitable; or

(iii) Submit a Development Application seeking consent for a Dual

Occupancy, complying with the requirements of Clause 31 of

Kempsey Local Environmental Plan 1987.

2 That the owner be advised that failure to comply with Council‟s

request within twenty eight (28) days, will result in commencement

of Class 4 proceedings in the Land and Environment Court to ensure

GOAL 1: To Facilitate Ecological and Economical Sustainable Development in the Shire

1.1 Development Without Consent - LA10038 File: F12/53-02


compliance with the Kempsey Local Environmental Plan 1987,

including an order as to Council‟s costs.

Section 10A(2)(e) – Maintenance of Law

This report is considered on a confidential basis as it contains information that

would if disclosed, prejudice the maintenance of law (Local Government Act 1993,

Section 10A(2)(e).

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.

SUMMARY:

Reporting on the status and priorities of Council‟s current compliance program.


Seconded: Cl. Green

That the priorities under the regulatory compliance program be endorsed.

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.


Seconded: Cl. Green

That the information be noted.

OPEN COUNCIL


Seconded: Cl. Green

That the Open Council Meeting be resumed.

1.2 Compliance Program File: F12/554-02

GOAL 5: To Ensure Leadership and Effective, Efficient Accountable Management

5.1 Various Legal Matters File: F12/250-02

Documents

Minutes of the ordinary meeting of Kempsey Shire Council ... · 30 Mid North Coast (MNC) Regional Arts Board meeting Shields SUMMARY Update information including identified Conference