commencing at 2:00 pm corner tozer and elbow streets, west ... · 11/28/2019 · • protect the...

Extraordinary Council Meeting - 28 November 2019

An Extraordinary Council meeting will be held on Thursday 28 November 2018 in the Council Chambers located Corner Tozer and Elbow Streets, West Kempsey

commencing at 2:00 pm


INDEX 1 OPENING PRAYER ..............................................................................................................................3 2 ACKNOWLEDGEMENT OF COUNTRY .................................................................................................3 3 APOLOGIES AND APPLICATIONS FOR A LEAVE OF ABSENCE BY COUNCILLORS ................................3 4 CONFIRMATION OF MINUTES ...........................................................................................................3 5 DISCLOSURES OF INTEREST ...............................................................................................................3 6 ITEMS PASSED BY EXCEPTION ...........................................................................................................4 7 MAYORAL MINUTES ..........................................................................................................................5

7.1 STATE GOVERNMENT FUNDING FOR NSW PUBLIC LIBRARIES ..................................................................5 8 REPORTS OF COMMITTEES ...............................................................................................................7 9 REPORTS TO COUNCIL .......................................................................................................................8

9.1 QUARTERLY BUDGET REVIEW ....................................................................................................................8 9.2 BUSHFIRE RECOVERY PHASE - PROPERTY OWNER ASSISTANCE ..............................................................12 9.3 COMMUNITY ENGAGEMENT STRATEGY ..................................................................................................16 9.4 LAND ACQUISITION - SOUTH STREET, SOUTH KEMPSEY .........................................................................22 9.5 COUNCIL MEETING DATE - SEPTEMBER 2020 ..........................................................................................24 9.6 CODE OF CONDUCT COMPLAINT STATISTICS ..........................................................................................25 9.7 DELEGATION OF AUTHORITY TO THE GENERAL MANAGER ....................................................................27 9.8 ACTING GENERAL MANAGER APPOINTMENT .........................................................................................30 9.9 STATEMENT OF CASH AND INVESTMENTS ..............................................................................................32

10 NOTICES OF MOTION/QUESTIONS WITH NOTICE ...........................................................................34 10.1 QUESTIONS ON NOTICE ...........................................................................................................................34 10.2 COMMUNITY SUSTAINABILITY REFERENCE GROUP ................................................................................43

11 CONFIDENTIAL MATTERS ................................................................................................................45 11.1 LEGAL MATTERS .......................................................................................................................................46

12 CONCLUSION OF THE MEETING ......................................................................................................46


1 Opening Prayer “Dear Lord, help us in our deliberations today so that our decisions will be for the greater good for the whole of Kempsey Shire - Amen”. 2 Acknowledgement of Country “Council acknowledges that this meeting is being held on the traditional lands of the Dunghutti People”. 3 Apologies and Applications for a Leave of Absence by Councillors That the apology submitted by Councillors for non-attendance at the meeting be accepted and leave of absence granted. 4 Confirmation of Minutes That the minutes of the ordinary meeting of Kempsey Shire Council dated 22 October 2019 be confirmed. Attachments 1. draft-minutes-2019-10-22-r 1 [4.1.1 - 17 pages] 5 Disclosures of Interest That Councillors' declared interests be noted.


6 Items Passed by Exception The council or a committee of council may, at any time, resolve to adopt multiple items of business on the agenda together by way of a single resolution. Before the council or committee resolves to adopt multiple items of business on the agenda together, the chairperson must list the items of business to be adopted and ask councillors to identify any individual items of business listed by the chairperson that they intend to vote against the recommendation made in the business paper or that they wish to speak on. The council must not resolve to adopt any item of business that a councillor has identified as being one they intend to vote against the recommendation made in the business paper or to speak on. RECOMMENDED: That the recommendations contained in the following items be adopted:

9.3 Community Engagement Strategy 9.4 Land Acquisition - South Street, South Kempsey 9.5 Council Meeting Date - September 2020 9.6 Code of Conduct Complaint Statistics 9.7 Delegation of Authority to the General Manager 9.8 Acting General Manager Appointment 9.9 Statement of Cash and Investments 11.1 Legal Matters


7 Mayoral Minutes 7.1 State Government Funding for NSW Public Libraries Officer Liz Campbell, Mayor File No F19/628 Attachments Nil

PURPOSE

To report on, and seek endorsement of, activities by the NSW Public Libraries Association to protect funding to NSW Public Libraries.

RECOMMENDATION

1 That Council make representation to the local State Member(s), The Hon. Melinda Pavey MP, in relation to the need for a sustainable state funding model for the ongoing provision of public library services.

2 That Council write to the Hon. Don Harwin, Minister for the Arts and the Hon. Walt Secord, Shadow Minister for the Arts, calling for bi-partisan support for Consumer Price Index (CPI) indexation of state funding for NSW public libraries, as well as legislation of all elements of the 2019-20 to 2022-23 NSW state funding model.

3 That Council take a leading role in lobbying for sustainable state government funding for libraries.

4 That Council endorse the distribution of the NSW Public Libraries Association NSW library sustainable funding advocacy information in Council libraries, as well as involvement in any actions proposed by the Association.

ISSUES

The NSW Public Libraries Association’s 2018-19 Renew Our Libraries campaign was a spectacular success, delivering an increase of $60m in state funding for NSW public libraries over the quadrennial period 2019-20 to 2022-23. This is the largest single increase in state funding since the NSW Library Act was introduced in 1939.

This outcome was achieved as a result of the remarkable support of councils, libraries and communities across the state. Over 80% of NSW councils formally endorsed Renew Our Libraries through council resolutions.

The NSW Public Libraries Association has requested the support of NSW councils in its advocacy to State Government to develop a sustainable funding model for NSW libraries.

Renew Our Libraries Phase Two has recently been launched https://renewourlibraries.com.au/. Well known media and advocacy company Essential Media has been engaged to administer the campaign, the objectives of which are to:

https://renewourlibraries.com.au/


• Index the total increased state funding contribution to the Consumer Price Index (CPI) in perpetuity. Without indexation the actual value of state funding for NSW libraries will decline over time, leaving NSW councils to either meet the shortfall or reduce services.

• Protect the new funding commitment by including all elements of the new state funding model in legislation through the Library Act and/or the Library Regulation. Currently, only the per-capita component of the funding model (increasing from $1.85 per capita to $2.85 per capita over the 4-year period 2019-20 to 2022-23) is included in library legislation, leaving 46% of the total funding for NSW libraries at risk.

Index the Funding Protect the Funding

These two simple measures will ensure that NSW councils continue to receive a significantly increased state government contribution to the operation of public libraries across the state, which will be protected by legislation and will not be subject to cost of living attrition over time.

This will also mean that the NSW Public Libraries Association, its member councils and libraries across the state can direct their funds and efforts to the ongoing support and development of high quality library services for NSW communities, rather than engaging in expensive and time consuming future funding campaigns.

This is our opportunity to lock in the historic 2019 state funding increase for NSW libraries once and for all, thereby ensuring the future prosperity of the NSW public library network.

Accordingly, it is recommended that Council supports the NSW Public Libraries Association by formally endorsing Phase Two of the Renew Our Libraries Campaign to secure a sustainable funding model for NSW public libraries in perpetuity.


8 Reports of Committees Nil


9 Reports to Council 9.1 Quarterly Budget Review Officer Wayne Douglass, Manager Finance File No F18/2009 Attachments 1. September 2019 Quarterly Budget Review Statements QBRS Final [9.1.1 - 21

pages] 2. 2019-20 Key Performance Indicators - November 2019 [9.1.2 - 4 pages] 3. Matters In Progress - November 2019 [9.1.3 - 39 pages] 4. Grants Status Summary ( Nov 2019) [9.1.4 - 2 pages] 5. Project Practical Completion Reports [9.1.5 - 18 pages]

PURPOSE

To report the results of the Quarterly Budget Review for the period ending 30 September 2019.

RECOMMENDATION

1 That the Budget Review for the period ending 30 September 2019 is adopted and the variations contained therein are approved;

2 That the Key Performance Indicators report is noted;

3 That the updates to the Matters in Progress are noted;

4 That the Grants Status Summary is noted; and

5 That the Project Practical Completion Reports are noted.

BACKGROUND

This is the first Quarterly Budget review for the 2019/20 financial year.

KEY CONSIDERATIONS

The Budget Review has been prepared for the period ending 30 September 2019.

As noted in previous Quarterly Budget Reviews reported to Council since the beginning of the organisational transformation, substantial improvements are required to underlying financial processes to enable high quality and meaningful reporting to Council that allows effective analysis of financial performance and decision making.

Council has made significant progress in improving its financial management processes, including the implementation of a new corporate business system which is well progressed. The core financial modules have now largely been implemented, which will enable improved financial reporting and management. However, significant further work is required to achieve the desired level of financial management going forward.

Additionally, the Financial Sustainability Strategy and Financial Sustainability Strategy Roadmap that were adopted by Council at its April 2019 Council meeting outline a number of initiatives that, when fully implemented, will result in improved financial processes and longer-term financial sustainability. These initiatives are in the process of being implemented and are a key focus area now that the financial related modules of the new corporate business system have been largely implemented.


Due to the workload associated with the completion of the 2018/19 audited annual financial statements and implementation of the new Corporate Business system, a thorough analysis of budgets and detailed discussion with budget owners has not been completed for the purposes of this quarterly budget review process. Analysis has been undertaken at a high level only and attention has focussed on continual improvement. A more thorough review will be undertaken as part of the December 2019 Quarterly Budget Review.

Income & Expense Budget Review Statements

The consolidated net operating result has improved by $4.1M from the original budget surplus of $3.8M to a surplus of $7.9M for the year. This is mainly due to the carry-over of Operating and Capital Grants income of $3.7M, proposed budget variations increasing income by $0.2M and a proposed net1 decrease of $0.3M in the Material & Contracts expenditure.

The net operating result before capital items has improved by $1.9M from a deficit of $9.7M to a deficit of $7.8M. Although an improved result, it still indicates that Council does not have enough income to cover its operational expenditure this financial year and is therefore operating at a loss.

Income

The proposed increase in income of $0.2M is detailed in the table below

Income line item – Reason for proposed budget change Increase/(Decrease)

$‘M

Rates & Annual Charges: inclusion of pensioner rebate for Domestic Waste that was not in the original budget (offset in Grants & Contributions below)

(0.1)

User Charges and Fees: Private works income that was not in the original budget

0.3

Interest and Investment revenues: reduced due to current low market interest rates meaning less interest revenue is being earned than budgeted

(0.2)

Grants & Contributions – Operating: Domestic Waste pensioner rebate not in the original budget.

0.1

Expenses

The proposed decrease in expenditure of $2.5M is detailed in the table below.

Expense line item Increase/(Decrease)

$’M

Material & Contracts – adjustment to internal plant hire recovery to match the plant hire expense budget

(2.5)

Legal Costs and Other Expenses

There are no material changes proposed for Legal Costs or Other Expenses in this quarter.

Capital Budget Review Statements

1 Materials has a net impact of increased carry-over of $2.2M and decreased budget variation of $2.5M equally ($0.3M)


The original consolidated Capital budget for 2019/20 that was adopted by Council in June 2019 was $53.2M2. This was increased by carry-overs and revotes totalling $7.6M, as adopted by Council in August 2019, resulting in a revised full year capital expenditure budget of $60.8M. The 2018/19 actual capital spend was only $19.8M3, significantly lower than the current revised budget. Despite a clearer program of work for the 2019/20 financial year and several individually large capital projects, such as Turners Flat Bridge and Back Creek Bridge replacements, Council does not have the capacity to deliver this level of capital expenditure.

As previously noted, Council has not been able to conduct a line by line analysis of all projects as part of this Quarterly Budget Review to identify projects that will not be fully or partly delivered this financial year. Consequently, this Quarterly Budget Review proposes an unallocated reduction of $15M to the general fund Capital budget to reduce capital expenditure to more realistic levels. There are no proposed reductions to the Water or Sewer Capital budgets. The breakdown of this $15M at a project level is currently being determined and will be reported in the December 2019 Quarterly Budget Review.

Cash and Investments Budget Review Statements

As noted in previous Quarterly Budget Reviews work is currently underway to accurately report budgeted and actual cash reserve movements throughout the financial year.

The original adopted budget for 2019/20 forecast that Council would have $39.3M in cash and investments at 30 June 2020. After adjusting for the impact on cash of the adopted carry-overs and revotes and the budget changes proposed in this Quarterly Budget Review, including the $15M reduction in General Fund capital expenditure noted above, total cash and investments is forecast to be $48.3M at 30 June 2020.

More detailed reporting on cash and investments will be included in the December Quarterly Budget Review.

Key Performance Indicators

Operating Performance: The projected result of (10.6)%, is well below both the benchmark (> 0%) and the 2018-19 actual result of (6.3)%. The projected result is 2.5% better than the original budget of (13.1)%. The ratio has been positively impacted by the lower materials and contract expenditure related to internal plant compared to budget. A negative ratio means Council is not generating enough revenue to cover its operating expenses and is hence operating at a loss.

Own Source Operating Revenue: Forecast result of 66.6% is above benchmark (> 60%) but slightly lower than historical performance.

Debt Service Cover Ratio: Forecast result of 5.55x (times cover) is well above benchmark (> 2x) compared to previous years.

Building and Infrastructure Renewals Ratio: A ratio above the 100% benchmark means Council is spending more on capital infrastructure renewals than the value at which the infrastructure is depreciating at. The September 2019 QBR ratio is projected at 121% (post the $15M proposed capital expenditure reduction noted above) which is well above benchmark (>= 100%). The 2018/19 actual result was 60.2% which is well under the benchmark. Capital spend in 2018/19 was lower than depreciation and budget due to larger projects having longer planning phases than anticipated,

2 Includes principal loan repayments of $4M. Net Capital spend is $49M. 3 After excluding contributed assets of $9.4M. Cash Capital spend is $19.8M.


meaning less actual construction was completed during the year. Although 60.2% is low, Council’s capacity to deliver capital works in excess of 100% is limited.

Infrastructure Backlog Ratio: As previously reported, Councils asset management systems are currently under review and accurate data does not currently exist to allow accurate forecast results for this ratio. This ratio is reported annually as part of the annual financial statements and was 11.5% for the 2018/19 year, against a benchmark of less than 2%.

Asset Maintenance ratio: The current forecast of 100% is in line with benchmark (>100%) as projected asset maintenance is forecast to be in line with required asset maintenance. Consistent with the commentary above in relation to the Infrastructure Backlog Ratio, Council is undertaking a number of improvements in relation to its Asset Management Systems and processes and this will drive improved reporting of this ratio. The actual asset maintenance backlog for 2018/19 was 82.6%.

CONCLUSION

The proposed budget changes in the September QBR have a positive impact of $4.1M on the operating result from all operations, but Council is still forecasting an operating deficit (before capital contributions) of $7.8M for the 2019/20 financial year.

Proposed Capital Expenditure reductions of $15M relate to further refinement in the process of understanding Council’s capacity to deliver Capital works in the 2019/20 financial year.


9.2 Bushfire Recovery Phase - Property Owner Assistance Officer Craig Milburn, General Manager File No {file-no} Attachments Nil

PURPOSE

Currently there is uncontrolled bushfire activity in the Kempsey local government area (LGA) that has burned an area of approximately 110,000 Ha to the west of Kempsey and resulted in significant property damage including the loss of 57 houses, 4 facilities and 148 outbuildings at the time of writing. The intent of this report is to outline avenues where Council may assist in minimising the burden for those that need to clean up and rebuild housing and buildings lost as a result of the bushfires.

RECOMMENDATION

1 That Council waive fees and charges as outlined in this report for current owners of properties Damaged or Destroyed during the 2019 Bushfires relating to:

a. Water and Sewerage charges b. Waste Management and Tipping fees c. Development fees; and d. Interest on rates and charges.

2 That Council update the Hardship Relief and Ratepayers Procedure so that it applies to property owners who have had a house, facility or outbuilding determined to be destroyed or damaged by the responsible government agency as a result of a natural disaster.

BACKGROUND

Currently there is uncontrolled bushfire activity in the Kempsey local government area (LGA) that has burned a large area to the west of Kempsey via the Carrai East, Carrai Creek and Stockyard East fires. Initial impact assessments have identified at least 57 homes destroyed, 25 damaged, and over 200 outbuildings and sheds have also been damaged or destroyed. There is an ongoing effort by emergency services to control current bushfire activity with a focus on property protection. Current weather conditions in combination with drought are making managing the fire activity very difficult for the Rural Fire Service.

The recovery response for those impacted by the bushfires has begun with the appointment of Euan Ferguson by the NSW Government as the Bushfire Recovery Coordinator for the mid north coast, and Andrew Jenkins as the field manager coordinating response in the Kempsey Shire LGA. Council will be working alongside as part of this response focusing on what will be an extensive and ongoing recovery period.

Significant work will be undertaken in the clean-up and rebuilding of the impacted areas by property owners. The accomplishment of these tasks will have substantial community benefit and in order to minimise the financial strain on those impacted by bushfires who do not have other cost recovery mechanisms, such as insurance, a framework has been developed to minimise and waive fees.


These will include certain charges related to water supply, waste management, development applications, complying development certificates and associated expenses, and interest on general rates instalments.

It is noted the NSW and Australian Governments have announced various initiatives that will assist those affected and the intent of this report is not to replace any of this funding. For example this includes funding committed to the clean-up of homes and properties damaged and destroyed and funding to assist Blaze Aid undertake fencing replacement.

The intent of all fee and charge waivers is to ensure that Council works to assist current residents impacted by the fires where other recovery mechanisms do not exist.

For current property owners impacted by the bushfires the following items will be included in the items considered by the General Manager where the property owner does not have an alternative source of cost recovery (e.g. insurance or other government funding streams):

Water and Sewerage Charges

Provision of water from Council reservoirs to water carters free of charge to properties affected by bushfire until 2 December 2019, with a review for extension of the initiative undertaken at that date.

Properties with town water supplied where buildings are destroyed or damaged will be disconnected (where required) and reconnected at the appropriate time to water supply infrastructure at no charge.

Waste Management and Tipping Fees

Disposal of single trailer loads of non-asbestos contaminated bushfire damaged materials will be accepted free of charge at Council’s Waste Management Centre on Crescent Head Road, subject to providing proof of address within the bushfire impacted zones and completion of a registration form.

Placement of skip bins which can be accessed free of charge by residents of bushfire affected properties within Bellbrook and Willawarrin for dumping of affected food, and perishable items.

Provision of the CRC trailer on determined dates to visit Bellbrook and Willawarrin for free, safe disposal of household problem waste such as batteries, gas bottles and paint.

In relation to bushfire damaged homes and outbuildings Council’s charging and cost recovery will be in line with directions to be received from the NSW Government and Office of Emergency Management. The NSW Government has already announced that the waste levy for residents disposing of bushfire generated waste in areas that have been declared bushfire Natural Disaster Areas has been waived.

The disposal of dead animals are best dealt with on site, where it is safe to do so. Local Land Services should be advised in order to keep accurate records of impacts.

Development Fees*

No Council fees associated with the lodgement of a development application or complying development certificates and other certificates for current owners to rebuild their


homes or outbuilding that have been lost or damaged by fire. This includes associated inspections. This provision only applies where Council is the principal certifying authority.

Should a current owner decide to increase the density onsite (i.e. from a dwelling to a dual occupancy) Council fees will only apply to the additional dwelling.

Any new owner will be required to meet the required fees.

* Staff are contacting State Agencies to request a waiver of any associated NSW Government established Long Service Levy and Planning Reform Fund fees which Council collects on their behalf.

* These provisions shall apply to those properties identified as destroyed or damaged by RFS building impact assessment teams. Council has access to a register of these properties.

Interest on Rates and Charges*

Interest charges may be waived for properties with commercial and/or residential building stock that is damaged or destroyed by fire for late payments for the quarterly rates instalment in accordance with section 567 of the Local Government Act 1993 and under the provisions of part 4 of the Hardship Relief to Ratepayers Procedure.

* These provisions shall apply to those properties identified as destroyed or damaged by RFS building impact assessment teams. Council has access to a register of these properties.

KEY CONSIDERATIONS

Despite the recovery process being initiated, there remains an ongoing fire threat from uncontrolled bushfire within the Kempsey LGA. As such it is difficult to extrapolate the expected financial impact on the community and Council.

Funding has been announced by the Premier to assist the recovery process. This will predominantly cover the demolition and waste costs to clean up the destroyed and asbestos affected properties as outlined above.

There will be additional, unbudgeted costs to Council for the response and recovery activities, some of which may be recoverable and some which will be a key part of Council’s role in the recovery process over the next 12 to 18 months.

Council’s Hardship Relief to Ratepayers Procedure informs the intent of this report, which is to provide relief to ratepayers who are experiencing genuine financial difficulties in paying rates and charges. The Procedure provides for the General Manager to vary it. Confirming by resolution that the General Manager has ability to waive fees and charges at this time assists in what are very difficult circumstances for many property owners in the Shire. It is recommended this Procedure be updated to include provisions related to property impacted by natural disaster.

CONCLUSION

Council support for the response and recovery process has been considerable. One aspect of this which requires formal Council resolution is the waiving of relevant fees and charges to assist the


rebuilding phase. This report outlines particular charges or initiatives Council may undertake to assist this. Other avenues, such as insurance or other government funding, are available for certain aspects of the recovery process. The intent of the items identified in this report for the waiving of fees and charges are not intended to replace these avenues or initiatives that already exist or may be announced in coming weeks. The waiving of relevant fees and charges identified in this report only applies to current property owners.


9.3 Community Engagement Strategy Officer Lyndal Harper, Manager Communications File No F19/2625 Attachments 1. Community Engagement Strategy [9.3.1 - 21 pages]

PURPOSE

The purpose of this report is to inform Council of the results of the recent public exhibition of the draft Community Engagement Strategy (CES) and seek endorsement of the strategy.

The CES provides the guiding principles and approach for Council to ensure that the community has an opportunity to have their say in a meaningful way. The CES is a legislative requirement under the Local Government Act 1993 and meets the requirements for a single community participation plan as detailed in the March 2018 update to the Environmental Planning and Assessment Act 1979.

RECOMMENDATION

1 That Council note the submissions received as detailed in this report

2 That Council, having considered the submissions, endorse the Community Engagement Strategy

BACKGROUND

At the 17 September 2019 Council meeting, it was resolved that a new Community Engagement Policy be adopted and the Draft Community Engagement Strategy (CES) be placed on public exhibition for a period of 28 days.

The CES was made available for public comment through Councils online engagement portal Your Say Macleay and the opportunity to provide feedback was promoted through Council notices in the Macleay Argus and Observer, media releases distributed to all media outlets, via Your Say Macleay newsletters to membership database of 900, at Kempsey interagency meetings representing a range of Government and non-Government agencies and direct emails to community databases. The draft CES was also reviewed by staff to ensure internal understanding of the commitments being made to engagement processes through the Strategy.

During the engagement period there were;

120 visits to the CES project page on Your Say Macleay 64 document downloads Briefings with the Senior Leadership Team Ten public (10) submissions received Five (5) responses from staff received 100% of respondents have been involved in previous community engagement processes 70% of respondents either agreed or strongly agreed with the principles of the CES as

recorded in the submission survey question


Overall the submissions highlight a level of scepticism and judgement of Council’s previous engagement practices. This tone reinforces the need to support the Strategy with staff and Councillor training on engagement best practice along with development of the proposed toolkit to guide engagement planning.

There is also an identified need to increase community understanding and awareness of the nuance between engaging and achieving consensus and where relevant to the project, explain the complexities of Council decision making due to either regulatory or financial constraints.

Comments received in the submissions are set out in the following table along with a response from staff.

Comment Response

To be quite honest with you .... I don't have a lot of faith in Kempsey Council following through with things that they promise the community.

They visit, they talk, they listen, then do what they were going to do in the first place...... and they call this community consultation. Let's hope that things will change ... that we CAN work together in the not too distant future.

There are lots of people who are willing to try.

NB the new group KEMPSEY SHIRE RESIDENTS GROUP for example ... we are working towards having the voice of the community heard by Council

Feedback noted. The CES will be embedded across the organisation and reinforced with training and the recently adopted policy. A toolkit will be developed to support staff in its implementation.

No notice is taken of the community opinions - much greater notice taken to revenue incomes, ignoring any previous plans e.g. height restrictions, overall community opinions, and suppression of community sentiment.

Also, cut-off of community meeting numbers and selection of attendees according to their beliefs.

Feedback noted

Excellent amount of public consultation and well articulated process to undertake engagement including evaluation and feedback.

Great job and loving the efforts you make in support of community engagement.

Feedback noted


It would be a more miracle if this council even knew what community consultation meant!

Seeing will be believing! But won’t hold my breath!

Feedback noted. The CES will be embedded across the organisation and reinforced with training and the recently adopted policy. A toolkit will be developed to support staff in its implementation

Value as a resident and ratepayer the opportunity to be a part of information sharing and possible decision making processes with council.

Opportunities to have a say will be provided online and through face to face mechanisms

If the IAP2 model had been adopted by Council there would likely have been a lot less community backlash over issues like Kempsey Airport as a pilot training facility, Council's $2M contribution to the cinema project and sealing Point Plommer Road.

Initially, I considered answering "Totally Agree" to the above, however I have some qualifying comments:

1. There is an initial step that needs to be inserted at the very start of the engagement model. Councillors and Senior staff need to do a quick mental risk assessment and ask themselves "Is this project/proposal likely to generate community concern and if yes, to what degree?". This will help determine the appropriate type of engagement required.

2. Councillors (some a lot more than others) need to properly understand the art of proper, professional community engagement and adhere to the principles. I have reservations as to the capacity for some current Councillors to 'get it'.

3. The processes involved in engagement needs serious review. Council to date has exercised complete control over engagement processes by various means which results in people feeling frustrated, that they have not been heard and forming the view that the consultations was tokenistic. This may not have been Council's intent but people’s perception is


Feedback has been incorporated into the draft CES

Training on IAP2 principles and engagement forms a component of the CES


their reality. The means of control include:

* Limiting the scope.

* Refusing to talk about some subjects.

* Facilitated 'workshops' - dividing into groups, one speaker to summarise, butchers paper & post it notes etc.

Council should take a risk at times and use the open Q&A forums approach. I can understand Council fearing this method getting out of control and hostile (or embarrassing with awkward questions). Depending on the issue, if this method was applied early in the engagement process, it could well prevent an issue becoming white hot.

Feedback noted. A variety of engagement techniques will be implemented following best practice principles for ensuring a cross section of the community have an opportunity to contribute.

The community engagement strategy would be a wonderful initiative if it were to be conducted with openness and honesty.

Unfortunately, the council has a record of not adequately consulting with the community and operating in an environment of misinformation and deceit.

It will be interesting to see if they can actually “walk the walk” instead of talking without listening.

The council and many of the councillors must change the culture of believing they know best and ignoring the concerns of the residents of Kempsey.

Only time will tell. Unfortunately, I don’t believe the Council has the interest of the community at heart and this new CES is only another piece of worthless paper to deflect actual affirmative action to benefit this community.

Feedback noted. The CES will be embedded across the organisation and reinforced with training and the recently adopted policy. A toolkit will be developed to support staff in its implementation.

The current Mayor and Councillors need to step down to give new life into the Council as the current council has completely lost any credibility with the community.

Feedback noted


Any new council would benefit from adopting this strategy as the current council wouldn’t know the meaning of consultation. Trust, empathy and honesty does not exist.

The Draft Community Engagement Strategy reads as a clear, concise and most importantly, common sense document. If the principles of the document are applied to Council/community liaison and communication (i.e. it’s not just 'tokenism') the Kempsey Shire will be a better place for it. Well done :)

Feedback noted

I don’t believe council listen to the people of the Macleay valley and will do what they want to anyway. Regardless of how many independent reports that they get advising otherwise (on any matter). So I have little faith.


Staff responses:

Feedback from staff resulted in inclusion of additional references in the document to the business community as a stakeholder, rewording the Principles of Engagement to be clearer and including further references to the legislative requirements of engagement under the Integrated Planning and Reporting Framework.

KEY CONSIDERATIONS

Policy and legislation

Section 402 of the Local Government Act 1993 requires Council to establish and implement a community engagement strategy which details the principles for engaging with the local community on Council projects, plans, service delivery and issues that affect the local community.

In March 2018, the Environmental Planning and Assessment Act 1979 was updated to include the new requirement that Council’s develop a Community Participation Plan that outlines how and when planning authorities engage the community across their planning functions. This requirement was added to consolidate Council community engagement plans with community participation requirements included in notification development control plans (Notification DCP) into a single document, entitled either Community Participation Plan or Community Engagement Strategy/Plan, which covers all forms of community engagement. The new Community Engagement Strategy is required to be exhibited for 28 days with the final document to be published on the NSW Planning Portal by 1 December 2019. The Community Engagement Strategy updates and replaces procedure 2.3.1 Community Engagement Strategy

Strategic Alignment


The Community Engagement Strategy aligns with and facilitates the Council Corporate Vision to “Lead and work with our community to build an inspired and connected Macleay Valley” as detailed in the 2019-2020 Operational Plan.

Impact on financial sustainability

The CES and improving effective community engagement across the organisation has been identified as an action within Council’s Corporate Improvement Program. There are costs associated with continued use of an online engagement platform, promotion of engagement opportunities and logistics costs of conducting engagement activities which will require allocation within operating plan budgets. These costs are offset by reducing the risk of negative project impacts, excessive resource time in issues management and compromised project timeframes caused by not planning and executing community engagement successfully.

Stakeholder engagement

The CES is based on best practice engagement principles as defined by the International Association of Public Participation (IAP2). The CES was placed on public exhibition for a period of 28 days with 10 respondents providing feedback, the majority in support of the principles and expressing a desire to see Council commit to enacting this Strategy.

CONCLUSION

The Community Engagement Strategy and associated policies will ensure Council meets community expectations for meaningful, timely and relevant engagement and achieves its legislative requirements. It is recommended the Council endorse the Community Engagement Strategy.


9.4 Land Acquisition - South Street, South Kempsey Officer Robert Fish, Director Operations & Planning File No F12/213-05 Attachments 1. D P 1246221 [9.4.1 - 1 page]

PURPOSE

A report to consider the making of an application for compulsory land acquisition to the Office of Local Government.

RECOMMENDATION

1 That pursuant to Section 177 of the Roads Act 1993 application be made to the Minister for Local Government and Her Excellency the Governor for the compulsory acquisition of Lot 2 Deposited Plan 1246221 for the purposes of a public road.

2 That all mines and minerals be excluded from the compulsory acquisition.

3 That pursuant to Section 10 of the Roads Act 1993, Lot 2 Deposited Plan 1246221 be dedicated to the public as road.

BACKGROUND

During 2017, Council secured both Federal and State Government funding for the upgrade of South Street at South Kempsey, including the upgrade of the South Street, Lika Drive and Gowings Hill Road intersection. Whilst the majority of the approximately 750 metres of South Street to be upgraded was contained within the already dedicated road corridor, an area of Crown land was needed to enable the intersection upgrade.

Following completion of the intersection works, the area of Crown land to be acquired could be accurately determined by Council’s Consulting Surveyor. The surveyor subsequently completed his work and plan of acquisition DP1246221 was registered on 31 August 2018. A marked-up copy of DP1246221 is attached. It is intended to acquire Lot 2 DP1246621 for road purposes.

With the recent receipt of the formal approval of the landowner to the land acquisition, the ability to proceed with, and complete the land acquisition and road dedication can now be reported to Council.

KEY CONSIDERATIONS

Policy and Legislation

Section 177 of the Roads Act 1993 provides the legislative power for Council to acquire land for road purposes. The acquisition of Crown land by Councils is conducted by a process of compulsory acquisition as prescribed by the Land Acquisition (Just Terms Compensation) Act 1991.


All compulsory land acquisitions by Councils require the consent of the Minister for Local Government and the Governor of New South Wales. Consent is obtained by Councils lodging an application with the Office of Local Government.

In this instance, as Council only wishes to acquire the surface of the land for its road infrastructure, the acquisition of mines and minerals below the land surface is specifically excluded from the compulsory acquisition. As any mines and minerals remain with the Crown following the land acquisition, Council is not required to pay compensation for them.

Once Lot 2 DP1246221 is secured into Council ownership, Council can dedicate it as a road pursuant to Section 10 of the Roads Act 1993.

Impact on Financial Sustainability

The Land Acquisition (Just Terms Compensation) Act 1991 prescribes that monetary compensation for the acquisition of Lot 2 DP1246621 will be determined by the Valuer General following the publication of a Notice of Compulsory Acquisition in the NSW Government Gazette. The landowner has provided its written consent that it will accept compensation as assessed by the Valuer General.

Stakeholder Engagement

Whilst the land to be acquired, Lot 2 DP1246221 is Crown land, background checking prior to the commencement of the intersection construction revealed the land is presently managed by Local Land Services and is subject to a claim lodged pursuant to the Aboriginal Land Rights Act 1983. The current land manager and claimant Aboriginal Land Council were consulted and consent obtained to allow the intersection works to proceed in a timely manner and ultimately the land acquisition.

Around the time of the upgrade works, application for compulsory acquisition was also lodged with the landowner advising of the need to acquire the land for road purposes. Formal consent has recently been obtained from the landowner and accordingly an application for the compulsory acquisition to the Office of Local Government may now proceed.

CONCLUSION

The requisite consents have now been secured to enable the compulsory acquisition of the Crown land used as part of the upgrade of the South Street, Lika Drive and Gowings Hill Road intersection. It is recommended that Council proceed to complete the land acquisition and dedicate the acquired land as public road.


9.5 Council Meeting Date - September 2020 Officer Daniel Thoroughgood, Manager – Governance and Information Services File No F19/1871 Attachments Nil

PURPOSE

To reschedule the September 2020 ordinary meeting of Council in order to provide sufficient time for the 2020 Local Government Election to be declared and councillors inducted.

RECOMMENDATION

That the date of the September 2020 ordinary meeting of Council be rescheduled from 15 September 2020 to 29 September 2020, in order to provide sufficient time for the 2020 Local Government Election to be declared and councillors inducted.

BACKGROUND

The 2020 Local Government Election will be held on Saturday, 12 September 2020. Postal votes may be received up until Monday, 14 September 2020. It is unlikely that the election will be declared prior to Tuesday, 22 September 2020.

Under Council’s Code of Meeting Practice the ordinary meeting of Council would usually be held on Tuesday, 15 September 2020, being the third Tuesday in the month.

It is recommended that the September 2020 ordinary meeting of Council be rescheduled to Tuesday, 29 September 2020 to provide sufficient time for the election to be declared and induction to be undertaken prior to the first meeting of the new Council.

KEY CONSIDERATIONS


Council’s Code of Meeting Practice, in clause 3.1, establishes that ordinary meetings of Council occur on the third Tuesday of each month, excepting for January where no meeting is held.

This schedule may be varied by resolution.

Other Matters

Excepting the event of an uncontested election, the outcome will not be known by 15 September 2020. It is likely that delaying the meeting by a single week, to 22 September, would still not provide sufficient time for the election to be declared and any new councillors to be inducted.

CONCLUSION

It is recommended that Council resolve to reschedule the September 2020 ordinary meeting of Council to Tuesday 29 September 2020, the fifth Tuesday in that month.


9.6 Code of Conduct Complaint Statistics Officer Daniel Thoroughgood, Manager – Governance and Information Services File No F19/400 Attachments 1. Code of Conduct Complaints Report - Data Collection 2018-19 - Return [9.6.1

- 3 pages]

PURPOSE

To provide a report on the Code of Conduct (the Code) complaint statistics for the twelve-month period ending 31 August 2019 as required by the Code of Conduct Administration procedure (the Procedure).

RECOMMENDATION

That the information be noted

BACKGROUND

Attached to this report is a copy of the 2019 Code of Conduct Complaints Report collection form provided by the Office of Local Government (OLG) on Tuesday 29 October 2019, as completed and returned to them on Monday 4 November 2019.

During the twelve-month period ending 31 August 2019 there were five complaints under the Code received by the council regarding the Councillors or the General Manager. One of these complaints was referred to a reviewer, and, following preliminary assessment, proceeded to an investigation; the outcome of which was that no breach was found.

Two of the remaining four complaints were resolved at the outset by the General Manager or the Mayor without referral to a reviewer and two were referred to another agency.

The total cost of dealing with Code of Conduct complaints about Councillors or the General Manager in the period was $34,781.

In the previous period, ending 31 August 2018, seven complaints were received incurring costs of $15,402.

KEY CONSIDERATIONS


In accordance with Part 11 of the Procedure the complaints coordinator must arrange for a report to be provided to Council and the Office of Local Government (OLG) within three months of the end of September containing statistics referred to in clause 11.1. The procedure is established by s440AA of the Local Government Act 1993.

Following this report to Council this obligation has been met.

Strategic Alignment

The administration of the Code of Conduct aligns with Delivery Program Outcome GS01.1 Internal Facilitation and Support is Prioritised.

Impact on Financial Sustainability

Code of Conduct Administration expenses were significantly higher than in previous years, with a total of $34,781 in this period, versus $15,402 in the previous period. While less complaints were received, the complexity of the complaints that were received increased significantly resulting in


both increased expenditure in staff time and increased use of external legal services providers and complaints reviewers.

Stakeholder Engagement

These statistics have been separately distributed to the Office of Local Government and Council’s Executive Leadership Team.

CONCLUSION

Council has complied with its obligations under the Procedure and it is recommended that the information be noted.


9.7 Delegation of Authority to the General Manager Officer Daniel Thoroughgood, Manager – Governance and Information Services File No F19/1854 Attachments 1. Instrument of Delegation to the General Manager [9.7.1 - 4 pages]

PURPOSE

To facilitate the effective and efficient operation of Council by providing the General Manager with sufficient power and authority to generally manage, control and administer the affairs of Council on a day to day basis.

RECOMMENDATION

That Council resolves to delegate/sub-delegate to the General Manager of Kempsey Shire Council the Functions in accordance with the Instrument of Delegation to General Manager attached to this report as Attachment 1 – Instrument of Delegation to the General Manager.

BACKGROUND

Council made the current delegation to the General Manager on 20 March 2018.

It is best practice that the delegation is regularly reviewed, and remade. According to the precedent set in Australian Chemical Refiners Pty Ltd v John Edward Bradwell (unreported, NSWCCA 236 of 1985) a delegation is only effective to delegate powers that the delegator held at the time of delegation. That is, powers under new legislation or regulation are not effectively delegated by a delegation which pre-dates their commencement.

There is no change between this delegation and that delegation previously made on 20 March 2018.

Council is granted powers, duties and authorities under a range of legislation including the Local Government Act 1993 and others. These functions are usually granted directly to the Council as a body; however, it is not practical or efficient for the Council to perform many of these functions or activities directly where they are required in the day to day administration of the Council. Delegations are the way in which the council enables other people or bodies, usually Council officers, to undertake these functions on its behalf. It is important that delegations are put in place correctly to ensure the enforceability of decisions and actions taken by Council.

The wording of the resolution and instrument of delegation are important. The resolution makes the delegation and the instrument sets out the scope. The wording of both the resolution and the instrument have been provided by Local Government Legal.

KEY CONSIDERATIONS


Council’s power to delegate its functions is provided by s377 Local Government Act 1993. A delegation to the General Manager is required to enable council’s staff to undertake its day-to-day operational activities.

There are a range of functions that Council cannot delegate in ss377(1) and (1A) of the Act, these include:


(1) A council may, by resolution, delegate to the general manager or any other person or body (not including another employee of the council) any of the functions of the council under this or any other Act, other than the following—

(a) the appointment of a general manager,

(b) the making of a rate,

(c) a determination under section 549 as to the levying of a rate,

(d) the making of a charge,

(e) the fixing of a fee,

(f) the borrowing of money,

(g) the voting of money for expenditure on its works, services or operations,

(h) the compulsory acquisition, purchase, sale, exchange or surrender of any land or other property (but not including the sale of items of plant or equipment),

(i) the acceptance of tenders to provide services currently provided by members of staff of the council,

(j) the adoption of an operational plan under section 405,

(k) the adoption of a financial statement included in an annual financial report,

(l) a decision to classify or reclassify public land under Division 1 of Part 2 of Chapter 6,

(m) the fixing of an amount or rate for the carrying out by the council of work on private land,

(n) the decision to carry out work on private land for an amount that is less than the amount or rate fixed by the council for the carrying out of any such work,

(o) the review of a determination made by the council, and not by a delegate of the council, of an application for approval or an application that may be reviewed under section 82A of the Environmental Planning and Assessment Act 1979,

(p) the power of the council to authorise the use of reasonable force for the purpose of gaining entry to premises under section 194,

(q) a decision under section 356 to contribute money or otherwise grant financial assistance to persons,

(r) a decision under section 234 to grant leave of absence to the holder of a civic office,

(s) the making of an application, or the giving of a notice, to the Governor or Minister,

(t) this power of delegation,

(u) any function under this or any other Act that is expressly required to be exercised by resolution of the council.

(1A) Despite subsection (1), a council may delegate its functions relating to the granting of financial assistance if—

(a) the financial assistance is part of a specified program, and

(b) the program is included in the council’s draft operational plan for the year in which the financial assistance is proposed to be given, and


(c) the program’s proposed budget for that year does not exceed 5 per cent of the council’s proposed income from the ordinary rates levied for that year, and

(d) the program applies uniformly to all persons within the council’s area or to a significant proportion of all the persons within the council’s area.

CONCLUSION

It is recommended that Council makes a resolution to provide the attached proposed delegation to the General Manager.


9.8 Acting General Manager Appointment Officer Daniel Thoroughgood, Manager – Governance and Information Services File No F19/1854 Attachments Nil

PURPOSE

To facilitate the effective and efficient operation of Council by providing for the Director Corporate & Commercial and Director Operations & Planning to act in the role of General Manager when the General Manager is absent from work.

RECOMMENDATION

1 That for the period 1 January 2020 to 31 December 2020 , the person holding the position of Director Corporate & Commercial be appointed to act as General Manager if the General Manager is sick or otherwise absent from work on leave, such appointment to cease upon the return to work of the General Manager or other resolution of the Council.

2 That if the person specified in paragraph 1 is unable or unwilling to act as General Manager at any time during the specified period, the person holding the position of Director Operations & Planning be appointed to act as General Manager if the General Manager is sick or otherwise absent from work on leave, such an appointment to cease upon the return to work of the General Manager or other resolution of the Council.

3 That any person acting as General Manager pursuant to this resolution has all the functions, delegations, and sub-delegations given to the General Manager by Council.

BACKGROUND

At its meeting on 18 December 2018 Council adopted a resolution permitting for the appointment of an acting General Manager in cases where the General Manager is absent from work. This resolution expires on 31 December 2019.

KEY CONSIDERATIONS


Local Government legal advises that they believe that a Council resolution is required for the appointment of a person as acting General Manager regardless of the circumstances or duration of the acting appointment.

They further advise that it is good practice to pass a resolution annually in advance which appoints a specified person, or persons, to act as General Manager in the event that the General Manager is absent.

Nothing in this resolution would prevent a future resolution appointing a different person as acting General Manager on a case by case basis in particular circumstances.

The wording of the recommendation provides a priority order in that the Director Corporate & Commercial is the first preference, followed by the Director Operation & Planning. This is necessary as the appointment must operate unambiguously in the event that it comes into effect for an unplanned absence. The Director Corporate & Commercial can cause the appointment of the Director Operations & Planning if they are unwilling to act without limitation as to the reason for them being unwilling.


Alternatively, a resolution could be sought on a case by case basis.

CONCLUSION

The absence of a resolution to appoint an Acting General Manager leaves Council unable to exercise the functions of the General Manager lawfully in the case of an unplanning absence of the General Manager. It is recommended that Council make a resolution, as recommended in this report, to mitigate this risk.


9.9 Statement of Cash and Investments Officer Wayne Douglass, Chief Financial Officer File No N/A Attachments 1. Investments at October 2019 [9.9.1 - 1 page]

2. Investment Performance Chart October 2019 [9.9.2 - 1 page] 3. Bank Reconciliation October 2019 [9.9.3 - 1 page]

PURPOSE

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

RECOMMENDATION

That the report be noted.

ISSUES

Council's investments are in accordance with the Local Government Act (1993) and Council's investment policy.

BACKGROUND

Clause 212 of the regulation states:

Local Government (General) Regulation 2005

Part 9 Division 5 Clause 212

212 Reports on council investments

(1) The responsible accounting officer of a council:

(a) must provide the council with a written report (setting out details of all money that the council has invested under section 625 of the Act) to be presented:

(i) if only one ordinary meeting of the council is held in a month, at that meeting, or

(ii) if more than one such meeting is held in a month, at whichever of those meetings the council by resolution determines, and

(b) must include in the report a certificate as to whether or not the investment has been made in accordance with the Act, the regulations and the council’s investment policies.

(2) The report must be made up to the last day of the month immediately preceding the meeting.

Note.

Section 625 of the Act specifies the way in which a council may invest its surplus funds.

KEY CONSIDERATIONS

Council's investments are in accordance with the Local Government Act (1993) and Council's investment policy.

Council is currently holding $44.1M in on-call cash and investments and $3.5M in the bank, totalling $47.6M as at 31 October 2019. This is $4.3M lower than last month.


The investment income budget for the year is $1.3M. The budget assumed continued higher levels of cash being held and steady interest rates.

Investment income year to date is $306,034. This is lower than budgeted and is attributable to the effects of lower interest rates over recent months and the resultant impact on investment income across the portfolio. Council is proposing to reduce the full year forecast by $200,000 in the September Quarterly Budget Review, this change, once approved will be reflected in the future investment performance attachment. Further analysis will be undertaken as part of a more detailed review as part of the December Quarterly Budget Review and further adjustments made as required.

CONCLUSION

Council is holding $47.6M in cash and investments. Investment income generated is lower than budget for the month.


10 Notices of Motion/Questions with Notice 10.1 Questions on Notice

COUNCILLOR D F SAUL FILE: F19/1945 RAF QFNM1 What is the process for having a road placed on the 10-year road works program? RESPONSE Selection of roads for placement on the 10 Year Works Program is based on consideration of numerous factors including: funding available to programs, traffic volume and make up, condition, classification, safety, school bus routes etc. A future target is to achieve a stronger alignment of the program with an overall asset management approach. Request/s for inclusion of a road may be made and further consideration given, however decisions are made based on priority and therefore alignment with those factors outlined above.

COUNCILLOR A P PATTERSON FILE: F19/1945 GMB QFNM1 The location of the return and earn collection bay in town; have the issues of littering been addressed and is this the best location? RESPONSE Data shows that Kempsey is consistently within the top 5 in NSW Return and Earn locations. The recent withdrawal of a bulk drop-off facility and removal of a second facility at Kempsey Macleay RSL placed significant pressure on the sole remaining facility at South Kempsey. In order to meet community expectations and demand for this service, Kempsey Shire Council agreed to install a Return and Earn station within the Kempsey township. However, prior to selecting the Stuarts Street carpark site, significant analysis of Council’s property portfolio was undertaken to ensure an appropriate location with good pedestrian access, vehicle access, nearby accessible car parking and electrical supply could be sourced that was also within close proximity to redemption and trolley collection points. A visible and trafficked location was also a preference to mitigate illegal dumping. Numerous locations were reviewed such as the Edinburgh Lane Carpark, Pensioners Hall Carpark at Clyde Street and various other car parks at Tozer Street, Eden Street, Sydney Street, Verge Street, Vincent Street and Kemp Street (various locations), with Stuart Street ultimately being the location that could satisfy all of the requirements whilst not directly impacting on the other needs of the site (i.e. sporting needs placed on carparks). Prior to installing the Reverse Vending Machine (RVM), Council researched the best method for mitigating illegal waste/dumping within the RVM site. Investigations of other RVM sites revealed that the provision of large bins tended to increase illegal dumping and therefore following a recent successful trial in Bellingen Shire Council the approach adopted by Kempsey Shire Council was to have the recycling contractor clear away any rubbish on a daily basis rather than provide large domestic rubbish bins. The current littering has been addressed, the daily cleaning policy re-affirmed and additional signage installed.

COUNCILLOR A P PATTERSON FILE: F19/1945 RAF QFNM2 South West Rocks Roads; when is it on the roads program between Kinchela and South West


Rocks? RESPONSE Within the 10 Year Works Program several sections of South West Rocks Road are included. These are as follows: 2019/20 South West Rocks Road (2.5km to 3.5km south of Plummers Lane) - $600,000 2020/21 South West Rocks Road (3.5km to 5.5km south of Plummers Lane) - $1,300,000 2022/23 South West Rocks Road (5.5km to 7.0km south of Plummers Lane) - $750,000 2022/23 South West Rocks Road (Kinchela Creek Bridge to Riverside Drive - 0.6km) - $300,000 2026/27 - 2027/28 South West Rocks Road (7.0km to 9.5km south of Plummers Lane) - $2,000,000 It is noted this program is subject to annual review. Application for funding under the recently announced NSW Government Fixing Local Roads Program is currently under consideration for various sections of this length of South West Rocks Road to bring parts of this program forward. Application has also been made for the length listed above at Kinchela Creek Bridge under the Saving Lives on Country Roads Program.

COUNCILLOR L J HAUVILLE FILE: F19/1945 GMB QON1 What progress has been made in successfully nominating Kempsey Shire as a location for a Country Universities Centre? RESPONSE The County Universities Centre Macleay Valley Board submitted an application to the CUC Investment Committee and CUC Board for consideration. CUC submitted the CUC Macleay Valley proposal to the NSW Government for consideration and funding determination in early November 2019. A further submission for Federal Government funding is in progress and will be made by 13 December 2019.

COUNCILLOR L J HAUVILLE FILE: F19/1945 RAF QON2 Has there been any progress in having the Roads and Maritime Services of NSW Government undertake improvements to the Kempsey Traffic Bridge? RESPONSE RMS are undertaking a global model for bridge maintenance work in future years following investigation work that has been undertaken during the course of 2019.

COUNCILLOR L J HAUVILLE FILE: F19/1945 GMB QON3 Will the Business Plan be released to Councillors outlining the financial benefit to Kempsey Shire Council of installing CCTV flight monitoring at the Kempsey Airport? RESPONSE A formal business plan was not developed for the installation of the CCTV aircraft movement equipment. The decision to upgrade the current system to CCTV was based on cost, potential increased revenue capture, enhanced visibility of airport operations and security. The CCTV aircraft movement device is an operational improvement for the daily management of the Airport.

COUNCILLOR L J HAUVILLE FILE: F19/1945 GMB QON4 In consideration of the three options concerning the Kempsey Saleyards future will the formulated


recommendation to Council be also informed by an independent animal welfare report? RESPONSE Council is currently developing the framework for the Kempsey Regional Saleyards business plan and it is yet to be determined what aspects will be done in-house by Council staff and/or undertaken by an external consultant. A key focus of the business plan is to determine:

What changes are required to enable the saleyards to operate as a financially sustainable commercial business;

The impact of any proposed changes to Council, customers, agents and community; The risks associated with managing the saleyards; and The potential capital upgrades required to meet industry standards and to maximise

throughput.

COUNCILLOR L J HAUVILLE FILE: F19/1945 RAF QON5 When will the upgrade of Airport Road, Aldavilla occur? RESPONSE Approximately mid 2020, subject to ongoing program refinement.

COUNCILLOR L J HAUVILLE FILE: F19/1945 GMB QON6 Prior to the December meeting could all Councillors be provided with all replies to the five Council letters sent in regard to the unanimous resolution (2018.306) of the Council Meeting on the 20th November 2018 which supported the LGNSW Conference decision on Waste levy management and a summary of these be provided to this question? RESPONSE Copies of letters received will be provided to Councillors prior to the December Council meeting.

COUNCILLOR L J HAUVILLE FILE: F19/1945 GMB QON7 Was any consideration given to sponsoring all Kempsey Shire Councillors attendance at the Ignite Conference at the Slim Dusty Centre on the 6th November 2019? RESPONSE Ignite 2019 is a Regional Development Australia Mid North Coast (RDA MNC) event with Kempsey Shire Council being a sponsor / co-host. Council’s sponsorship for the event was provided directly to RDA MNC. No ‘sponsored’ tickets were provided by Council. No requests were received from Councillors in relation to sponsored tickets prior to the event.

COUNCILLOR B J MORRIS FILE: F19/1945 GMB QON1 Given that the Fly Neighbourly Advice (FNA) is a voluntary, unenforceable document, why were some of the noise abatement measures sought by residents excluded from the FNA? RESPONSE In order for the FNA to be accepted and approved by the Civil Aviation Safety Authority (CASA), the FNA must be practical and compliant with aviation legislation. During the development of the draft FNA, Council and consultants, The Airport Group (TAG), considered in detail the suggested noise abatement measures sought by Save Kempsey Airport Action Group Inc (SKAAG). A number of noise abatement measures suggested by SKAAG were included in the draft FNA. However, based on advice from TAG, some measures were rejected due to the noise abatement measure either:


1. Replicating legislative requirements already in force; 2. Being impractical for any aviation operator to comply with; 3. Breaching aviation legislative requirements; and/or 4. Creating an unintended safety issue.

Furthermore, it should be noted that compliance with the FNA will be a condition within any new airport hangar/terminal lease and/or conditions of use agreement and therefore will be enforceable through this mechanism.

COUNCILLOR B J MORRIS FILE: F19/1945 GMB QON2 Has Council and/or consulted with the Principal and/or the PARENTS AND Citizens Association of Aldavilla and Greenhill schools and/or the NSW Department of Education in preparing the draft Fly Neighbourly Advice? If yes, what was the feedback? If not, why not? RESPONSE Whilst Council did not receive a formal submission from the NSW Department of Education or the Parents and Citizens Association of either Aldavilla or Greenhill schools on the Noise Management Plan (NMP), submissions received from the community highlighted their concerns relating to the location of the schools and the impact aircraft noise may have on these facilities. The feedback from the community resulted in the NMP referencing these schools as being located within a ‘Noise Sensitive Area’. The draft Fly Neighbourly Advice (FNA) was developed from the NMP and therefore, also references the schools as being located within Noise Sensitive Areas. The draft FNA is currently on public exhibition for community feedback. Public Exhibition is the mechanism for all members of the community to have their say on the FNA. In developing the draft FNA, Council consulted extensively with Save Kempsey Airport Action Group Inc (SKAAG) - the incorporated community group representing the residents in the vicinity of the airport on airport related matters, Kempsey Airport Reference Group (KARG) - appointed community representatives to oversee governance on the development of the FNA, airport stakeholders, senior Council staff and aviation technical experts as members of The Airport Group (TAG) team.

COUNCILLOR B J MORRIS FILE: F19/1945 GMB QON3 Has Council and/or TAG consulted with the management and/or staff and residents of Booroongen Aged Care facility in preparing the draft Fly Neighbourly Advice? If yes, what was the feedback? If not, why not? RESPONSE Representatives of Booroongen Djugun Aged Care facility provided feedback on the Noise Management Plan (NMP) during the public exhibition period. The feedback from Booroongen Djugun Aged Care facility resulted in the NMP referencing the facility as being located within a ‘Noise Sensitive Area’. The draft Fly Neighbourly Advice (FNA) was developed from the NMP and therefore, also references the facility as being located within Noise Sensitive Areas. The draft FNA is currently on public exhibition for community feedback. Public Exhibition is the mechanism for all members of the community to have their say on the FNA. In developing the draft FNA, Council consulted extensively with Save Kempsey Airport Action Group Inc (SKAAG) - the incorporated community group representing the residents in the vicinity of the airport on airport related matters, Kempsey Airport Reference Group (KARG) - appointed community representatives to oversee governance on the development of the FNA, airport stakeholders, senior Council staff and aviation technical experts as members of The Airport Group (TAG) team.


COUNCILLOR B J MORRIS FILE: F19/1945 GMB QON4 When does Council anticipate having an ADS-B transponder ground station installed in the vicinity of Kempsey Airport? RESPONSE The ADS-B receiver was installed at Kempsey Airport on the 18th September 2019 and is now operational.

COUNCILLOR B J MORRIS FILE: F19/1945 GMB QON5 Why does the draft Fly Neighbourly Advice (FNA) make no or scant mention of the rural residential development in the vicinity of the Kempsey Airport? Are these residents considered as neighbours and stakeholders within the context of the draft FNA? RESPONSE Consistent with the Noise Management Plan (NMP), the Fly Neighbourly Advice (FNA) identifies three (3) facilities within the area near Kempsey Airport that may be considered Noise Sensitive Areas due to their uses and location. These facilities are the Aldavilla Primary School, the Green Hill Public School and Booroongen Djugun Aged Care Facility. As detailed within Section 1.2 of the draft FNA, a thorough program of consultation was undertaken to produce the FNA which included engagement with Save Kempsey Airport Action Group Inc (SKAAG) Inc as representatives for residents living within the vicinity of the airport.

COUNCILLOR B J MORRIS FILE: F19/1945 GMB QON6 What is the total number of complaints received and/or recorded on the complaints register for Kempsey Airport for the period of 1 July to 30 September? How many of these complaints have been in relation to circuit training? RESPONSE For the period 1 July to 30 September 2019 a total of 5 complaints were registered for Kempsey Airport. One (1) was a noise complaint (which related to PolAir activities) and the other four (4) complaints related specifically to circuit training.

COUNCILLOR B J MORRIS FILE: F19/1945 GMB QON7 What is the current status for the development of the Kempsey Airport Master Plan? When is it anticipated that this document will be considered by Council to place on Public Exhibition? RESPONSE No work has commenced on the Airport Master Plan as the focus of Council’s available Commercial Business staff with airport knowledge has been on the development of the Fly Neighbourly Advice (FNA). A review of projects in the context of available resources in the Commercial Business unit is currently being completed given existing commitments to other resource intensive projects such as the Saleyards Strategic Management Options and the delivery of capital upgrades for the Macleay Valley Coast Holiday Parks. It is anticipated that an update on the progress of actions included within the 2019/20 Operational Plan will be reported to Council in February 2020. This will include an update as to the proposed timing for the development of the Kempsey Airport Masterplan.


COUNCILLOR B J MORRIS FILE: F19/1945 RAF QON8 What is the current asset value and annual depreciation cost for the Regional Road network within Kempsey Shire Council? RESPONSE Current Asset Value (Current Replacement Cost) of Regional Roads is: $180,836,850 Annual Depreciation Cost is: $2,644,799

COUNCILLOR B J MORRIS FILE: F19/1945 RAF QON9 What has been Councils expenditure on the Regional Road network for Repairs and Maintenance and Capital Improvements, broken down by road for the past five years? What is the total annual expenditure on the Regional Road network for the past five years? RESPONSE To be responded to at December meeting due to extent of information requiring collection.

COUNCILLOR B J MORRIS FILE: F19/1945 RAF QON10 What has been the contribution from the State Government for the maintenance and capital improvement of the Regional Road network on an annual basis for the past five years? RESPONSE Made up of Block Grant, Repair Programme and highway handover funds, totals are as follows: 2014/15 - $2,674,885 2015/16 - $3,986,247 2016/17 - $4,200,472 2017/18 - $4,242,369 2018/19 - $3,192,290

COUNCILLOR B J MORRIS FILE: F19/1945 RAF QON11 What would be the impact on Councils long term financial sustainability if the State Government assumed responsibility for the Regional Road network within Kempsey Shire Council? RESPONSE This is a complex issue and will vary pending the conditions of any hand back of regional roads. Of Council’s own funding allocated to regional roads, handing back regional roads to the NSW Government would mean any Council funding planned for allocation to regional roads could be allocated to other Council projects, which is a financial improvement. Council's own funding is typically in the range of $500,000 to $1,000,000 per year based on work undertaken in recent years. Handing back regional roads to the NSW Government would mean Council would lose the Block Grant and Repair Programme funding, but would not be financially worse off as these funds can only be spent for the most part on regional roads and Council has always done so.


In removing the regional roads from Council’s asset register, Council would reduce its depreciation liability by approximately $2.7 million per annum, which has a benefit in the long term by reducing our overall depreciation each financial year. Removing regional roads from the asset base is not expected to affect the roads component of Council’s Federal Assistance Grant (FAG) payments as this is based on mix of population, bridge length and local road length. However, transfer of any local roads to regional roads would have an impact depending on the length involved. At present at least Armidale Road west of Bellbrook is proposed to move from local road to regional road classification, although this is only a short length in terms of Councils overall local road network. The Grants Commission has had a number of enquiries from Councils in relation to this issue and they are working with RMS to understand the impacts and will inform Councils of any potential changes when they are able to get an understanding from RMS of their outcomes. Overall, it would appear on face value that there is a “cash” benefit to Council in that there is most likely a net gain in available funds to allocate across the road network or other assets if the regional roads responsibility is assumed by the NSW Government and the overall network is reduced.

COUNCILLOR B J MORRIS FILE: F19/1945 GMB QON12 When was the Solar PV cell array installed at Councils depot? What has been the average power generation from this system over the past five years? RESPONSE Solar PV cells were installed at the Depot in February 2013. The below graph details the total yield since installation.

COUNCILLOR B J MORRIS FILE: F19/1945 GMB QON13


How many solar panel arrays and of what capacity have been installed on Council building or facilities in the last five years? RESPONSE South West Rocks Community Hall was fitted with solar panels in May 2018 by the Section 355 Committee. The Hat Head Holiday Park main amenities has recently been upgraded and includes a commercial-grade solar hot water system. The Macleay Valley Coast Holiday Park capital upgrade program will take into consideration solar and other energy efficiencies. Frederickton Park Amenities (constructed early 2020) is designed to be off-grid and will include a solar array system. Council has recently undertaken recruitment for a Sustainability Officer. Once commenced, the Sustainability Officer will work in collaboration with Property staff to identify appropriate buildings and facilities for energy efficient systems. Furthermore, energy efficiency is a key principle in the design of any new asset.

COUNCILLOR B J MORRIS FILE: F19/1945 GMB QON14 How many aircraft parking spaces, both sealed and grassed, are available at Kempsey Airport? RESPONSE 5 sealed aircraft parking spaces and 10 grassed aircraft parking spaces are available at Kempsey Airport.

COUNCILLOR B J MORRIS FILE: F19/1945 RAF QON15 The NSW State Government Fixing Local Roads Program opened for applications on 31 October 2019. This is a $500 Million grant program for Rural and Regional Councils which was an LNP election commitment. This program provides funding to councils to assist in reducing the local roads maintenance backlog and includes funding to repair, patch, maintain, or to seal existing council priority unsealed roads.

a. Has Council submitted any applications to this program as at 15 November 2019, if yes for what projects / road segments?

b. If not, does Council intend to submit any applications prior to applications closing on 2 December 2019, if yes for what projects / road segments?

c. Given that this Grant Program will have additional rounds, if not fully subscribed, when will a Councillor workshop be held to determine future project / road segment priorities for grant funding applications?

RESPONSE No applications have been submitted as yet, however applications are being scoped and drafted. Given the short timeframe associated with application reporting to Council on options for application will not be possible. Selection of projects is based on the methodology adopted by Council at the May 2019 meeting of Council.


Applications are currently intended to be submitted for Maria River Road sealing in conjunction with Port Macquarie-Hastings Council, noting this grant program was the intended funding source for this project when announced earlier in 2019; various sections of South West Rocks Road between Gladstone and Jerseyville as identified in the 10 Year Works Program, enabling Council to bring work forward; and a heavy patching and resealing program for various rural roads. Some clarification on the conditions are being sought to inform the final applications to be submitted. The program may have multiple rounds, however this is not confirmed. Per above Council has an adopted position in relation to methodology of selection of projects/roads for application, however Council may wish to workshop project selection further within the bounds of this adopted position.


10.2 Community Sustainability Reference Group Officer Bruce Morris, Councillor File No F19/2466 Attachments 1. Northern- NS W- Renewable- Energy- Blueprint-for- Local- Governments-

2019 [10.2.1 - 40 pages]

PURPOSE

To pursue the timely development of a suite of policies, strategies and action plans as adopted by Council at its Ordinary Meeting of 19 March 2019, the development of the long-term energy strategy adopted by Council on 21 November 2017.

Further, to recognise the community events that reflect concern about the need for climate action and to establish a Community Sustainability Reference Group which can provide community input concerning matters of sustainability.

I intend to move the following motion at the ordinary meeting of Council to be held Tuesday, 19 November 2019.

RECOMMENDATION

1 That Council receives a report outlining the resourcing and programming of the actions required to develop the suite of policies, strategies and action plans as resolved on 18 December 2018 and 19 March 2019.

2 That Council establishes a Community Sustainability Reference Group to provide community input in the development of a suite of policies, strategies and action plans. (see para 1).

3 That Council review the attached Northern NSW Renewable Energy Blueprint for Local Government 2019 and develop actions to enhance the uptake of renewable energy by both Council and the community.

4 That Council acknowledge the significance of the Climate Rally conducted in Kempsey on 20 September 2019, involving school students and community members.

5 That Council recognise the community screening of the film 2040, on 29 November 2019, which is being held as a part of the Climate Action Day which is being coordinated globally.

BACKGROUND

Council has considered actions in relation to Climate Change and Sustainability on three separate occasions since its Ordinary Meeting of 21 November 2017. At that meeting Council resolved:

That Council develops a long-term energy strategy, with a draft strategy to be considered in the next delivery program of Council.

This matter was further considered on 18 December 2018 when it was resolved:

1 That the Long Term Energy Strategy and the Climate Change Policy be considered in the next Operating Plan.


2 That the Renewable Energy and Emissions Reduction Strategy be considered in the Community Strategic Plan.

A draft Climate Change Policy was considered by Council at its Ordinary Meeting of 19 March 2019. The proposal to publicly exhibit this Policy was defeated and instead Council resolved:

That a Council workshop be conducted to inform the development of a suite of policies, strategies and action plans addressing issues such as but not limited to climate change, sustainable living, emissions reduction, renewable energy, sea level rise, carbon footprint, waste reduction and recycling, environmental sustainability and a subsequent report be brought back to Council.

The last update to Council on these matters was contained in the Matters in Progress Report, considered by Council at its Ordinary Meeting of 20 August 2019 where it was reported that:

Strategy included in 2019/20 Operating Plan, Resourcing and programming of project being determined in relation to resolution of 18 Dec 18.

On 4 September 2019, Council conducted a workshop in relation to the resolution of its Ordinary Meeting of 19 March 2019, although the only information known to have been released to the community about this workshop to date has been by way of an address by the Mayor at the Climate Rally held on 20 September 2019.

In short let’s start taking action on issues of sustainability, with and for our community!

The time to act is now if we are to take advantage of opportunities being made available by recent Federal and State funding initiatives in the areas of recycling and renewable energy. This coupled with the potential for further grants under the Save or Recycling campaign could boost our local economy and local employment opportunities.

General Managers Comment

Council has created a new full-time position ‘Sustainability Project Officer’ for a fixed-term of three years. Recruitment for this position is now concluding, with a formal offer made and a likely start date early in the new year. Once on board, initial key deliverables for this person will include developing an overarching sustainability strategy along with an action plan to guide Council and the community to achieve tangible outcomes in the years to come. The initial Councillor Workshop undertaken in September 2019 will assist in informing this plan. This will include the development of a long-term energy strategy as per Council’s previous resolutions. Stakeholder engagement will be a key part of this work and the intention is for sustainability goals to be incorporated into Council’s future corporate strategic planning documents.


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

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

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

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

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

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

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


11.1 Legal Matters Officer Daniel Thoroughgood, Manager Governance & Information Services File No F19/1960 Section 10A(2)(g) – Legal Proceedings

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

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

12 Conclusion of the Meeting

commencing at 2:00 pm corner tozer and elbow streets, west ... · 11/28/2019 · • protect the...

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