commencing at 9:00 am corner tozer and elbow streets, west

Ordinary Council Meeting - 17 December 2019

A Council meeting will be held on Tuesday 17 December 2019 in the Council Chambers located Corner Tozer and Elbow Streets, West Kempseycommencing at 9:00 am


INDEX

1 Opening Prayer .................................................................................................................................32 Acknowledgement of Country ..........................................................................................................33 Apologies and Applications for a Leave of Absence by Councillors ..................................................34 Confirmation of Minutes...................................................................................................................35 Disclosures of Interest.......................................................................................................................36 Items Passed by Exception ................................................................................................................47 Mayoral Minutes...............................................................................................................................5

7.1 General Manager - Interim Performance Review ......................................................................57.2 Delegates Report - LGNSW Annual Conference 2019................................................................6

8 Reports of Committees .....................................................................................................................98.1 Local Traffic Committee Meeting Held on 3 December 2019....................................................9

9 Reports to Council...........................................................................................................................109.1 Annual Report 2018-2019........................................................................................................109.2 Kempsey Airport - Fly Neighbourly Advice ..............................................................................129.3 Application to Building Better Regions Fund ...........................................................................179.4 Macleay Valley Coast Holiday Parks - Licence Management and Capital Program .................219.5 Planning Proposal KLEP2013 AM 23 Various Lots Frederickton ..............................................259.6 Lower Macleay Flood Study .....................................................................................................319.7 Legislative Compliance Policy ..................................................................................................389.8 Statement of Cash and Investments ........................................................................................40

10 Notices of Motion/Questions with Notice ......................................................................................4210.1 Community Sustainability - The Regeneration ........................................................................4210.2 Call to Suspend Logging in State Forests..................................................................................4410.3 Amendment to Code of Meeting Practice - Delegate Reports ................................................4610.4 Planning for Bush Fire Protection ............................................................................................4710.5 Questions on Notice ................................................................................................................49

11 Confidential Matters .......................................................................................................................5511.1 Legal Matters ...........................................................................................................................5611.2 Tender for Relocatable Modular Buildings ..............................................................................5611.3 Audit and Risk Committee Meeting Minutes - 15 November 2019.........................................5611.4 Tender for the Supply and Delivery of Pavement Materials....................................................5611.5 Construction of Mid North Coast High Performance Centre, South West Rocks - TQE19/24 .5711.6 TQE17/25 Design, Construction, Testing & Commissioning of Crescent Head Water

Treatment Plant .......................................................................................................................5712 Conclusion of the Meeting ..............................................................................................................57


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 extraordinary meeting of Kempsey Shire Council dated 28 November 2019 be confirmed.

Attachments

1. draft-minutes-2019-11-28-r 1 [4.1.1 - 13 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:

7.2 Delegates Report - LGNSW Annual Conference 20198.1 Local Traffic Committee Meeting Held on 3 December 20199.5 Planning Proposal KLEP2013 AM 23 Various Lots Frederickton9.6 Lower Macleay Flood Study9.7 Legislative Compliance Policy9.8 Statement of Cash and Investments11.1 Legal Matters11.2 Tender for Relocatable Modular Buildings11.3 Audit and Risk Committee Meeting Minutes - 15 November 201911.4 Tender for the Supply and Delivery of Pavement Materials


7 Mayoral Minutes

7.1 General Manager - Interim Performance Review

Officer Liz Campbell - MayorFile No MIL/23552Attachments Nil

PURPOSEThe interim performance review for the General Manager Craig Milburn is due early in the New Year. Under Sec 226 of the Local Government Act, the Mayor has statutory requirements to lead the performance review. The purpose of this Mayoral Minute is to advise Councillors of the regulatory requirements, invite comments from Councillors and authorise the Mayor to complete the review process.

RECOMMENDATIONThat:

1. the information in relation to the review be noted;2. the Council delegate all tasks necessary for the completion of the Performance Review to

the Performance Review Panel; and3. all Councillors be provided with an opportunity for input and feedback and that the Mayor

be delegated authority to finalise all arrangements for the Review Panel to convene.

BACKGROUNDIn summary Council’s requirements are:

Ensure that performance is reviewed at least annually.

Establish a Performance Review Panel, comprising the Mayor, Deputy Mayor, another Councillor nominated by Council & a Councillor nominated by the General Manager.

Ensure that panel members are trained in performance management of General Managers.

Delegate the role of conducting the performance review, reporting findings & recommendations to Council & developing the Performance Agreement, to the Panel.

Ensure that all Councillors are notified of the relevant dates for the review and that those not on the panel can contribute by providing feedback to the Mayor.

Ensure that Council’s statutory requirements under Section 223 under the Local Government Act to monitor performance of the General Manager are adhered to.

Council’s Performance Review Panel is the Mayor, Deputy Mayor, Clrs Hauville and McGinn. All members have indicated their availability to participate in the Annual Review.

Council now has a successful, robust and transparent performance review process in place, facilitated by Commissioner Graeme Fleming PSM. It is proposed to continue with this process.

The Performance Review date has been scheduled for Wednesday, 29 January at Kempsey Shire Council. Arrangements will be made for all Councillors to receive a copy of the General Manager’s performance agreement to allow Councillors to provide comments to the Mayor in the lead up to the review.


7.2 Delegates Report - LGNSW Annual Conference 2019

Officer Liz Campbell, MayorFile No F19/1720Attachments 1. 07-01-01-plan-to-save-our-recycling [7.2.1 - 3 pages]

PURPOSEReporting on the outcomes of the 2019 LGNSW Annual conference.

RECOMMENDATIONThat the information on the 2019 Local Government NSW Annual Conference be noted.

BACKGROUNDThe 2019 Local Government NSW Annual Conference was held Monday, 14 October to Wednesday, 16 October at the William Inglis Hotel – Warwick Farm. The conference business paper link provided: https://lgnsw.org.au/files/imce-uploads/90/2019-LGNSW-Annual-Conference-Business-Paper.pdf

The Councillors whom represented Kempsey Shire Council were: Mayor Liz Campbell, Cr Williams, Cr, Saul, Cr McGinn, Cr Morris, Cr Shields and also Craig Milburn, General Manager.

More than 900 delegates including members, sponsors and VIP guests) attended the conference over the three days and delegates made decisions on more than 120 motions. There were prominent politicians in attendance including Premier Gladys Berejiklian, Local Government Minister Shelley Hancock and Opposition Leader Jodi McKay.

The LGNSW Annual conference is the annual policy-making event for all NSW councils and our associate members.

It is the pre-eminent event and all NSW councils, regional, country and metropolitan of the local government meet where councillors come together to share ideas and debate issues that shape the way we are governed.

This conference provides councils with the opportunity to discuss challenges and opportunities collaboratively in alignment with local government areas. Importantly it provides Kempsey Shire Council the opportunity to advocate our LGA to set our benchmark and framework for the year ahead which puts us in the best position to service our communities for the good of the public.

A new intergovernmental agreement was signed with Premier Gladys Berejiklian, Deputy Premier John Barilaro and Local Government Minister Shelley Hancock. This signifies a huge step forward in recognising local government as an equal partner and guarantees:

no forced council amalgamations the quickest possible return to democratically elected representation following the

appointment of any administrators consultation with LGNSW before any laws or significant policy initiatives impacting on the

sector.

President Linda Scott states; the agreement also recognises cost shifting and commits the NSW Government to consider councils’ financial capability and budget cycles before they are asked to provide new or expanded functions. Intergovernmental Agreement can be seen at this link: https://www.olg.nsw.gov.au/sites/default/files/Intergovernmental_Agreement_-_2019.pdf

LGNSW announced that the 2020 LGNSW Annual Conference will be held Monday, 12 October to Wednesday, 15 October at the Crowne Plaza, Hunter Valley.

https://lgnsw.org.au/files/imce-uploads/90/2019-LGNSW-Annual-Conference-Business-Paper.pdf

https://www.olg.nsw.gov.au/sites/default/files/Intergovernmental_Agreement_-_2019.pdf


Conference ProgramThis year’s program was applicable to the issues currently trending now in local government areas such as drought assistance, climate change and waste levy. The program can be viewed at https://lgnsw.org.au/files/imce-uploads/386/LGNSW_Program2019_02%20web%20version.pdf

Keynote speakersJames O’Loghlin; Overcoming the barriers to innovation.

James being the author of seven books including Innovation is a State of Mind spoke on simple strategies that you can develop to be more innovative in what you do. His message was to create simple techniques we can use every day, which in turn can assist companies to create a culture that encourages innovation.

Mr Paul Hawkins, Chief Combobulator; Crazy might work

Paul made a presentation titled: Disruptive by Design: A Collaborative Approach to Solving Wicked Problems.

Paul has an extensive portfolio internationally in cross industry innovation initiatives including Business Council of Australia. He delivered a strong presentation where Councils can decide on game changing solutions with the key message – no challenge is too big or small! Pauls Initiative ‘Why Crazy Might Work’ is to educate companies how to use simple methodologies in strategic planning and innovation with the result being successful.

Chris Riddell; global futurist

Chris spends his life connecting with businesses and individuals, across industries, and around our hyper-connected digital world. With a talent for analysing emerging trends, patterns and behaviours, Chris’ insights are compelling, thought provoking and inspirational

Being a globally recognised leader in his field, Chris provided an immense amount of energy and inspiration in the room. He covered off on how we can manage our life in the digital world and to learn to embrace the ever-changing world with a different perspective.

Conference DecisionsLink provided below:

LGNSW 2019 Conference Resolutions (PDF, 540KB) LGNSW 2019 Conference Record of Decisions (PDF, 433KB)

Board electionCongratulations, President Linda Scott on the success to head the Local Government NSW for a second term.

The Australian Electoral Commission has declared the election of LGNSW Board Directors as follows:

Directors (Metropolitan/Urban) Karen McKeown (Penrith City), Mazhar Hadid (Liverpool City), Julie Griffiths (Blacktown City), Khal Asfour (City of Canterbury Bankstown), George Greiss (Campbelltown City), Lesley Furneaux-Cook (Burwood) and Dai Le (Fairfield City).

https://lgnsw.org.au/files/imce-uploads/386/LGNSW_Program2019_02%20web%20version.pdf

https://lgnsw.org.au/files/imce-uploads/90/2019-LGNSW-Annual-Conference-resolutions.pdf

https://lgnsw.org.au/files/imce-uploads/581/2019_Record_of_Decisions_-_FINAL.pdf


Directors (Rural/Regional) Darriea Turley (Broken Hill City), Phyllis Miller (Forbes Shire), Marianne Saliba (Shellharbour City), Ruth Fagan (Cowra), Ben Shields (Dubbo Regional), Keith Rhoades (Coffs Harbour City) and Dominic King (Bellingen Shire).

They join President Linda Scott (City of Sydney), Treasurer Jerome Laxale (City of Ryde), Vice-President Metro/Urban Angelo Tsirekas (City of Canada Bay) and Vice-President Rural/Regional Stephen Lawrence (Dubbo Regional) on the Board of LGNSW.

Conference highlightPresident Linda Scott opened the last day of the conference by launching the new plan to Save Our Recycling in NSW.

Kempsey Shire Council supports this program and the commitment of LGNSW and the Local Government sector to continue to lobby the NSW Government to invest in regional scale waste and recycling plans and the major education campaign to help restore ailing recycling services and create new markets for recycled products.

The NSW Government has been requested to:

Invest: Develop regional plans that deliver the waste and resource recovery infrastructure and services that our cities and regions need. Local councils need to be put front and centre of these plans and provided with the funding to make sure they are delivered.

Innovate: Change the rules and regulations to rethink and resolve the recycling mess in NSW. The NSW Government needs to lead and use more recycled content to help create scale and then new markets, jobs and investment will follow.

Educate: Fund a large-scale state-wide education campaign to support recycling and markets for recycled products in NSW. It must fund and work with councils to activate this campaign; community by community.

In support of the Plan to Save our Recycling, Kempsey Shire Council endorsed the

Mayoral Minute at Council’s October Ordinary meeting (see attached).

If the public would like to have their say and join the campaign you can do so by signing up to the following Save our Recycling page https://saveourrecycling.com.au/

https://saveourrecycling.com.au/


8 Reports of Committees

8.1 Local Traffic Committee Meeting Held on 3 December 2019

Officer Robert Fish, Director Operations and PlanningFile No F19/1958Attachments 1. Local Traffic Committee Minutes 3 December 2019 [8.1.1 - 11 pages]

PURPOSEFor Council to adopt the minutes of the Local Traffic Committee meeting held on 3 December 2019.

RECOMMENDATIONThat Council notes the minutes and adopts the recommendations of the Local Traffic Committee meeting of 3 December 2019.

COMMENTARYA copy of the minutes of the meeting of the Local Traffic Committee held on 3 December 2019 are attached.


9 Reports to Council

9.1 Annual Report 2018-2019

Officer Wayne Douglass, Acting Manager Financial ServicesFile No F19/1930Attachments 1. Annual-report-2019-part-a [9.1.1 - 8 pages]

2. Annual-report-2019-part-b [9.1.2 - 28 pages]3. Annual-report-2019-part-c [9.1.3 - 109 pages]

PURPOSETo present to Council and the community the Annual Report including audited financial statements for the 2018-2019 financial year. Council’s audit partner, Geoff Dwyer, will be presenting the financial reports at this Council meeting.

RECOMMENDATIONThat the Annual Report and audited financial statements for the 2018-2019 financial year be adopted.

BACKGROUNDThe Local Government Act 1993 states the following in relation to the Annual Report:

Section 428(1):

"Within 5 months after the end of each year, a Council must prepare a report (its annual report) for that year, reporting as to its achievements in implementing its delivery program and the effectiveness of the principal activities undertaken in achieving the objectives at which those principal activities are directed."

Section 428(3):

"An Annual Report must be prepared in accordance with the guidelines under section 406."

Section 428(4)(a):

"An Annual Report must contain the following: a copy of the Council's audited financial reports prepared in accordance with the Local Government Code of Accounting Practice and Financial Reporting, published by the Department, as in force from time to time."

Council’s 2018-19 Annual Report has been prepared in accordance with these sections of the Local Government Act 1993.

KEY CONSIDERATIONSCouncil’s 2018-19 Annual Report comprises three parts:

1. Part A contains a summary of Council's performance and governance across the whole of Council's operations.

2. Part B is the report of activities and operations of Council for the financial year to 30 June 2019, reporting on statutory requirements and Council's achievements in implementing its Delivery Program; and

3. Part C is the audited financial statements of Council for the year ended 30 June 2019.

The Audit Office of New South Wales expressed an unmodified opinion on Council’s financial statements and no significant audit issues were identified.


The three parts of the Annual Report 2018-2019 were placed on Council's website, on the home page, on 29 November 2019.

CONCLUSIONCouncil’s 2018-19 Annual report has been finalised. The Audit Office of New South Wales expressed an unmodified opinion on Council’s 2018-2019 financial statements. The full Annual Report has been placed on Council's website in accordance with the requirements of the Local Government Act 1993.


9.2 Kempsey Airport - Fly Neighbourly Advice

Officer Gayleen Burley, Manager Commercial BusinessFile No F18/2466Attachments 1. KSC FNA-19 Final [9.2.1 - 14 pages]

2. FNA Public Submission Response Table - Final [9.2.2 - 13 pages]3. FNA Submissions - Redacted [9.2.3 - 35 pages]4. FNA Your Say Macleay Submissions [9.2.4 - 2 pages]

PURPOSEThis report seeks Council endorsement of the Kempsey Airport Fly Neighbourly Advice (FNA). A FNA is described by Airservices Australia (AsA) as “a voluntary code of practice established between the airport, aircraft operators and communities or authorities that have an interest in reducing the disturbance caused by aircraft within a particular area”.

RECOMMENDATION1. That Council note the submissions received during the 5-week public exhibition period of

the draft Fly Neighbourly Advice (FNA).2. That Council, having considered the submissions, endorse the Kempsey Airport FNA dated

December 2019 and submit it to Civil Aviation Safety Authority (CASA) for approval.3. Subject to CASA approval of the FNA, that Council make a request to CASA / Airservices

Australia for an En-Route Supplement Australia (ERSA) entry for Kempsey Airport to be made detailing the Noise Abatement Procedures as per Council Resolution 20198.479 dated 25 June 2019.

4. That Council acknowledge the involvement of the Kempsey Airport Reference Group (KARG) in the development of the FNA and that in accordance with the KARG Terms of Reference that KARG has fulfilled the role, is thanked for its service and is disbanded.

BACKGROUNDAt its meeting on 18 April 2017, Council resolved to endorse a 10-step procedure for preparing a Noise Management Plan (NMP) to underpin a Fly Neighbourly Agreement (now referred to as Fly Neighbourly Advice) between Council and current airport users. The 10-step procedure for the preparation of the NMP/FNA and the current status of each of those steps is detailed in the following table:


Table 1: 10-step procedure for preparing the NMP/FNA with current status

As detailed above, Council is now undertaking the final activities within the 10-step procedure which is to endorse and implement the final FNA.

A FNA is described by Airservices Australia (AsA) as “a voluntary code of practice established between the airport, aircraft operators and communities or authorities that have an interest in reducing the disturbance caused by aircraft within a particular area”.

The FNA is not enforceable and is a measure of goodwill. The intention of the FNA is to assist with the minimisation of noise nuisance experienced by the Airport’s neighbours through observance of Fly Neighbourly Principles by both itinerant and visiting aircraft to Kempsey Airport (KPS).

The FNA draws upon the outcomes of the Noise Management Plan developed for KPS by The Airport Group, relevant industry reference documents, in addition to the resolutions of Council from the Ordinary Meeting of Kempsey Shire Council on 25 June 2019.

The draft FNA was initially placed on public exhibition for 28 days from 25 October to 22 November 2019. Due to a State of Emergency being declared during this period, as a result of significant bushfire activity occurring within the Kempsey Shire, a decision was made to extend the FNA public exhibition period for a further week, until 29 November 2019, to ensure that community and airport stakeholders had the opportunity to provide a submission.


During the public exhibition period, Council received a total of 25 submissions. A further two (2) submissions were received within 24 hours of the closing date/time, which have been accepted and considered in the development of this report. Of the 27 submissions received, 26 submissions objected to the FNA with one submission recording a neutral response.

Attached to this report are the following four attachments:

1. The final FNA.2. A table which contains Council’s response, including advice received from The Airport Group,

to the key themes and comments recorded in the submissions. The summary table comprises two parts with the first section addressing the submission from the Save Kempsey Airport Action Group Inc (SKAAG) given its comprehensive nature, with other submission themes and comments not covered by the SKAAG submission addressed in the second section. Submission comments that did not specifically relate to the FNA or referred to matters that were addressed as part of the finalisation and adoption of the Noise Management Plan (NMP) and Council resolution from 25 June 2019, have not been addressed within the table or this report. Changes made to the FNA to address submission comments have been identified within the attached table. In addition, two staff-initiated changes were made to the FNA being:

a. Inclusion of a paragraph in the Operational Summary and on page 1 of the FNA clarifying that all mandatory aviation operating and safety procedures have precedence over the FNA in all circumstances; and

b. Inclusion of footnotes 4 and 5 cross reference report references to circuit height to the 25 June Council resolution.

3. A copy of all submissions (18) received via email or in hard copy form.4. An extracted summary of all submissions (9) received via Council’s Your Say Macleay portal.

All personal and/or confidential information has been redacted from the submissions attached to this report.

As the FNA is the final activity within the 10-step procedure outlined above, it is important to acknowledge the importance of the role KARG have played in the development of both the Kempsey Airport NMP and FNA. Council thanks the members of KARG for their time, effort and valuable contribution to this project. Subject to Council endorsement of the FNA, KARG’s objectives have now been achieved and with no further action required, will be disbanded upon adoption of the FNA.

KEY CONSIDERATIONSPolicy and Legislation Civil Aviation Safety Authority (CASA)

CASA stipulates that any FNA reached must be consistent with aviation safety regulations and air traffic management procedures applicable to the area. Mandatory aviation operating and safety procedures (as well as any aviation requirements relevant to the area) have precedence over a FNA in all circumstances. A FNA should also acknowledge the necessity for police, fire, search and rescue, infrastructure monitoring and other emergency services to have access to low level airspace when the need arises.

Once a FNA is drafted, it should be referred to the OAR for consideration regarding aviation matters. The OAR will consult with other aviation bodies as a part of this process. The FNA should only be


finalised when the OAR advises that relevant critical considerations have been successfully addressed.

In accordance with the abovementioned requirement, should Council resolve to endorse the Kempsey Airport FNA, then Council will submit the FNA to OAR for consideration and publishing in aeronautical charts the En-Route Supplement - Australia (ERSA) – an aviation information document.

Strategic Alignment The recommendations within this report directly aligns with Action WS05.1.6 in Kempsey Shire Council’s 2019/20 Operational plan: Finalise Kempsey Airport Noise Management Plan and Fly Neighbourly Advice for the Kempsey Airport and commence implementation of Council adopted recommendations.

Stakeholder Engagement A thorough program of consultation has been undertaken to produce the NMP and FNA for Kempsey Airport. This has seen regular reporting and inputs from various Council and community representatives, including:

Establishment of the KARG as a representative group of the broader community to oversee the process of developing the NMP and FNA;

Feedback on the draft NMP from the Office of Airspace Regulation; Feedback on the draft NMP from community members during the public exhibition of the

draft NMP; Individual airport stakeholder meetings; and Community information session.

Specifically, for the FNA, additional engagement included:

Engagement with SKAAG; Ongoing engagement with KARG; Local aircraft operators; Feedback on the draft FNA from community and aircraft operators during the public

exhibition of the draft FNA; Office of Airspace Regulation (CASA); and Airservices Australia

In particular, Council engaged openly and regularly with SKAAG during the development of the FNA. The FNA that was placed on public exhibition (and which is now the subject of this report) reflects input / feedback received from SKAAG, where appropriate, during that period. As noted above, SKAAG submitted a detailed submission during the public exhibition process addressing matters that had not been reflected in the final draft FNA that was placed on public exhibition.

CONCLUSIONOver the past 18 months Council has undertaken a thorough and detailed technical and collaborative program of work to establish the Kempsey Airport Noise Management Plan and Fly Neighbourly Advice.

The endorsement and implementation of the attached FNA are the final activities within the 10-step procedure for preparing the NMP and FNA between Council and current airport users as resolved by Council on 18 April 2017.


It is recommended that Council endorse the attached FNA in order to provide a balanced approach to aviation operations undertaken at the Kempsey Airport and potential noise impacts to Kempsey Shire residents.


9.3 Application to Building Better Regions Fund

Officer Craig Milburn, General ManagerFile No F19/2628Attachments 1. Macleay Valley Adventure Park Concept Design [9.3.1 - 18 pages]

PURPOSETo enable Council to make a decision in relation to submitting an application under the Federal Government’s Building Better Regions Fund (BBRF) grant program.

RECOMMENDATIONThat Council:

1. submit an application for the Macleay Valley Adventure Recreation Park - MVARP (Working Title) to the Federal Government’s Building Better Regions Fund grant program, and

2. seek the cooperation of the State and Federal Governments to jointly fund this project.

BACKGROUNDIn 2009, a report was submitted to Council recommending that Council sell the Kempsey Airport. This was met with strong resistance from the community and Council resolved to keep the airport operational and seek additional activities to make the facility more viable. In 2014, a proposal was received by Kempsey Shire Council (KSC) from Coffs Skydive (CS) with regards to the possible development of a canopy piloting pond being built at Kempsey Airport. In 2018, Council’s new Management Team began looking at options for the development of the airport. This led to the canopy piloting facility being considered as an option, with additional facilities to form an integrated adventure recreation park.

KEY CONSIDERATIONSThe Macleay Valley Adventure Recreation Park concept is a multi-functional, integrated facility that incorporates activities such as the following:

Skydiving Canopy Piloting Indoor Rock Climbing Indoor Parkour Training facilities for skydiving and rock climbing General training facilities, such as leadership training BMX Pump track Flat water kayaking Dormitory accommodation allowing for school camps, training camps etc Associated facilities such as Café/kitchen, amenities, parking.

The facility will provide activities to the local community, tourists and targeted sports groups. The facility will be able to host State, National and International Sporting Competitions.

In July 2019, a grant application was submitted to the NSW Government’s Growing Local Economies grant program. This is still with the NSW Government for assessment. A business case and Benefit Cost Ratio was undertaken by external consultants as part of this submission.


A Project Control Group has been established to provide overall governance to the project. Initial cost estimates have been developed using Rawlinsons building cost index. This initial estimate is approximately $10M.

The current status is that plans have been drawn up in preparation for the submission of a Development Application. The associated studies relating to traffic, noise, bushfire etc are being commissioned. The completion of these documents will allow for a more accurate cost estimate to be made. Any Development Application will be assessed by the Joint Regional Planning Panel due to the cost of the facility.

It is being recommended that Council submit an application for BBRF funding for this project. The BBRF contains an Infrastructure Projects Stream that “supports projects which involve the construction of new infrastructure, or the upgrade or extension of existing infrastructure that provide economic and social benefits to regional and remote areas.” Council is eligible to apply. Council would seek 50% of the funding with the other 50% being sourced from the NSW Government’s Growing Local Economies fund. For the project to proceed, full capital funding will be required from a combination of Federal and State Governments.

Stakeholder EngagementThe proposal has been presented to Council and the Economic Development Committee and is included in the Economic Development and Tourism Strategy. The proposal has also been presented to staff from the Department of Premiers and Cabinet, the Local State and Federal Members of Parliament, and community groups, such as younger members of the local Aboriginal community and members of the Save Kempsey Airport Action Group.

In addition, the Deputy Prime Minister and Minister of Regional Services, Decentralisation and Local Government Michael McCormack and Federal Minister for Minister of Regional Services, Decentralisation and Local Government Mark Coulton have been to Kempsey, been briefed on the project and inspected the site. At this meeting, the Deputy Prime Minister suggested Council make application under the BBRF. The Deputy Prime Minster was given an updated briefing by the General Manager on his visit to Canberra in October with the assistance of the local Federal Member, Pat Conaghan MP.

In developing the concept (attached), expert advice has been provided by the Australian Parachute Federation (APF), the Australian Parachute Coach, Coffs Skydiving, Summit Walls and Sailing For Everyone. The APF has conducted test jumps at the site and also researched the Macleay Valley area in terms of accommodation, attractions and experience related options for potential visitors to the area.

All feedback to date has been positive and supportive.

Financial ImplicationsAs stated above, the initial estimate is $10M with 50/50 funding being sought from the State and Federal Governments.

Maintenance costs are estimated at between 2% - 3% of the capital per year. It is planned to outsource the operations of the facility, including the day to day management and maintenance of the facility. Council, as with most leases, would be responsible for any larger capital items over time. Council’s costs could be estimated at approximately 1% of the capital or $100,000 per annum. Depending on the lease terms and conditions, some of this may also be covered by the operations of the facility. These costs will be factored into future long-term financial planning. Likewise, the


depreciation costs will be factored into the long-term financial planning. Depreciation is estimated at around $250,000 - $350,000 per year.

The Benefit Cost Ratio analysis provided the following results over 10 and 30 years calculated at 4%, 7% and 10%.

Table 1 - Results with Ten-Year Timeframe (Comparison to 30 Years)Table 1. Res ults with Ten -Year Timeframe (Comparison to 30 Years)

BCR / IRR 30 Years 10 Years

Benefit-cost ratio at 4% 2.89 1.47



Internal rate of return (IRR) 19.30% 12.77%

Source: SC Lennon & Associates

The results show that even with the shortened timeframe the cost-benefit ratios at all discount rates exceed 1.20 and the IRR remains at a healthy 12.77%, which is acceptable for a public project.Social and Economic BenefitsThe Business Case estimated the creation of jobs during construction as outlined in Table 2 below.

Table 2Table 1. Summary of Estimated Construc tion -related Regional Economic Impacts

Impact Summary Direct Effect Supply-Chain Effect Consumption Effect Total Effect

Output ($M) $10.0 $8.90 $2.18 $21.08

Value-added ($M) $2.48 $3.42 $0.95 $6.85

Employment (Jobs) 40 34 13 87

Source: SC Lennon & Associates using economy.id (June 2019)

Operational job creation has been estimated as set out in Table 3

Table 3

Impact Summary Direct Effect Supply-Chain Effect Consumption Effect Total Effect

Output / Expenditure ($M) $1.50 million $730,000 $500,000 $2.73 million

Value-added ($M) $490,000 $300,000 $220,000 $1.01 million

Employment (Jobs) 8 4 3 15

Coffs Skydiving estimate that they will create approximately 11 full-time staff and 23 part-time jobs, including operations manager, chief instructor, instructors, coaches, drop zone safety officer, packers, ground control assistants, manifest, media editing, cleaners, parachute rigger, bus driver, office manager, events manager and more.

Authentic Coaching Solutions estimate they could generate approximately eight full-time staff and 15 part-time staff covering operations manager, facilitators, coaches, leadership trainers, mentors, process orientated psychotherapist, support staff, event organisers and trainers.


Additional social and health benefits for the local community include:

Boosting the qualifications and skills of the local community through targeted education and training programs

Reduction in the incidents of children at risk through the delivery of family education, recreation, health and support programs

Greater support for families with the provision of supervised activities before and after school, weekends and holidays

Greater support and inclusion of people with disabilities as the precinct provides the opportunity to become a centre of excellence in accessibility and inclusion

A reduction in the rate of local residents who suffer from preventable cardiovascular disease and other lifestyle related health conditions through the provision of healthy living activities.

The recreational benefits include:

Support for the development of new recreational and sporting activities in the Macleay Valley region

Development of facilities for junior and senior sport and recreation Provision of quality-training facilities The accommodation of elite sporting events at a regional, state, national and international

level Provision of support infrastructure for professional, medical and physiotherapy services Provision of health and fitness facilities.

CONCLUSIONThe Macleay Valley Adventure Recreation Park project’s aim is to create a multi-functional, integrated facility at Kempsey Airport, with each of the activities attracting a diversity of participants, officials and/or spectators from around Australia and overseas. The core infrastructure for the proposed facility would accommodate recreational and training courses in the suggested Adventure Recreation Park activities listed above, including local, state, national and international competitions; and personal growth courses.

The proposed activities cater to a wide demographic of participants from around the country and internationally and would be especially appealing to interstate school groups and motivational business forums. It will attract visitors to the Macleay Valley area while promoting a healthy social and physical lifestyle for local residents.

Kempsey’s unique attraction is its central and accessible location; an operational but under-utilised airport; and optimum geographic conditions for skydiving and canopy piloting. This will be key to attracting higher yield visitors and associated economic activity that would provide an economic boost to the Macleay Valley’s tourism sector and wider local economy.


9.4 Macleay Valley Coast Holiday Parks - Licence Management and Capital Program Officer Gayleen Burley, Manager Commercial BusinessFile No F19/2551Attachments Nil

PURPOSEThe purpose of this report is to seek Council endorsement of the strategies identified for the management of annual and permanent licences at Council owned Macleay Valley Coast Holiday Parks (MVCHP). The strategies for the management of annual and permanent licences are based on the following:

Maximising revenue opportunities of the holiday parks; Increasing equitable access, visitation and economic contribution of the holiday parks; and Removal of annual licences, and to a lesser extent permanent licences where allowable, to

enable potential holiday park site layout redesign and capital infrastructure development.

RECOMMENDATION1. That Council adopt the strategies identified in this report for the management of annual

and permanent licences.2. That during January to February 2020 Council undertake appropriate stakeholder

engagement on proposed changes to site layout plans with users of the holiday parks and the local community including users of the nearby reserves.

3. That updated site layout plans are presented for consideration at a future Council meeting.

BACKGROUNDThe MVCHP are an important provider of accommodation within the Shire. Ensuring that these Parks are designed, managed, maintained and improved to the appropriate standard will provide the opportunity to increase the overall economic performance of the Kempsey Shire.

The condition of the MVCHP accommodation options and facilities are very poor overall with some assets being either at, or close to, end of life and in need of replacement in the short term. The current wide-spread deterioration of the infrastructure across all five (5) MVCHP creates a 1:50 year opportunity for Council to review business planning and create layouts for the parks that:

maximise functionality, revenue generation and effective integration with the broader reserve;

achieve current legislative compliance; and meet market expectations and industry trends.

Council intends to use this opportunity to review all existing site layouts and capital infrastructure requirements of the five (5) MVCHP over the remainder of the 2019/20 financial year.

Current holders of annual and permanent licences are impacted stakeholders of this review and it is important for Council to clearly outline a strategy to assist current licence holders to make informed decisions regarding the longevity, sustainability and value of their infrastructure.

KEY CONSIDERATIONS

Annual and permanent licences are an important consideration when considering proposed site layout changes that aim to achieve the maximum economic return for the MVCHP.


The location of some infrastructure licenced as annual or permanent, may impact on the future potential of the Holiday Parks by either restricting development and/or limiting the potential revenue generation of the MVCHP.

Annual Licences Annual licences allow holders to have an asset permanently placed on a site which they can exclusively use for up to 150 days per year.

It is an industry wide practice to reduce or remove annual sites for the reasons noted below and this has been organically occurring throughout the MVCHP over a number of years.

Key considerations regarding annual licences are as follows:

It provides exclusive use and ensures that those sites cannot be used by others. This equates to 215 days/year whereby annual licenced sites are unoccupied;

MVCHP are on ‘community’ land and therefore in principle, the issuing of exclusive rights over these sites is not compatible with providing equity of access, especially in high occupancy parks;

Tenure for the licence holder is per annum only; Lease values for similar types of tourist sites would return approximately 250% per annum

more when occupied as short term tourist sites at both Hat Head and Crescent Head. Grassy Head and Stuarts Point, which also have annual licences, do not have a significant price variation at this point in time.

Industry trends indicate that customers are seeking larger tourist sites to accommodate large vans. The MVCHP tourist sites (particularly Crescent Head and Hat Head Holiday Parks) are relatively small in size and do not accommodate travellers with large holiday vans. Converting the large annual sites to short term tourist sites enables customer needs and expectations to be met without having to consolidate tourist sites which would adversely impact revenue generated by MVCHP.

The recommended strategies in relation to the management of annual licences are as follows:

1. That annual licences are returned to short term tourist sites where it is identified that their placement may restrict future layout changes or facility improvements; and

2. Specifically, for each holiday park:o Crescent Head (16 annual licences)

Do not renew annual licences post their effective licence expiry date on 30 June 2021 and return to short term tourist sites based on achieving maximum revenue generation for this holiday park. This provides in excess of 18 months notice to all annual licence holders.

o Hat Head (47 annual licences) Based on initial investigations reduce the number of annual licenced sites to

32 sites to allow for operational and management efficiencies and achieving maximum revenue generation for this holiday park. The exact identification of the sites to be reduced will be based on development and approval of revised site layout and development plans and licence holders will be given at least 12 months notice in writing that their licence will not be renewed;

Undertake staged reduction for remaining sites over time; and Place an immediate moratorium on licensee’s seeking approval for

individual site improvements.


o Stuarts Point (42 annual licences) & Grassy Head (29 annual licences) Place an immediate moratorium on licensee’s seeking approval for

individual site improvements; and Review the economic impact in 3-5 years time.

Permanent LicencesPermanent licence holders have a permanent enduring right to occupy their nominated sites. The permanent licence holder is fixed to a specific site which impedes changes to site layouts. Currently there are six (6) permanent vans at Crescent Head and two (2) at Stuarts Point.

The Residential Land Lease Communities Act provides permanent tenure of the occupants. Rent currently being levied on permanent occupants is below market value and Council will seek to rectify this anomaly through applying rent based on independent market-based rental valuations.

The recommended strategies in the management of permanent vans are as follows:

Where an existing permanent van may limit opportunity for identified park layout changes Council may seek agreement from the licensee to relocate the permanent infrastructure to another appropriate site within the holiday park;

Council will consider the purchase of permanent vans as they become available based on a market-based property valuation; and

Rent will be charged at market value with outgoings on a metered basis (where possible). This will be determined after undertaking independent market-based rental valuations.

Policy and Legislation The holiday parks are subject to their own individual Crown Land licence to operate as well as:

Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005;

Holiday Parks (Long-term Casual Occupation) Act 2002 No 88; and Residential (Land Lease) Communities Act 2013 No 97.

Strategic Alignment This report, and the recommended strategies contained within it, forms the foundation for completing 2019-2020 Operational Plan item WS03.2.1 ‘Review and adopt business plans for the five Macleay Valley Coast Holiday Parks’.

Impact on Financial Sustainability A key objective of the capital works program is to achieve sustainable revenue generation for:

the ongoing asset renewal/improvements of the MVCHP; and funding other key community projects/services located on Crown Reserves managed by

Council (including maintenance of existing infrastructure, land and native vegetation).

Importantly, changes in the Crown Land Management Act 2016 enables KSC to aggregate the revenue across all Crown Land reserves, which essentially allows income generated in one reserve to be utilised on other crown reserves managed by the same manager (i.e. Council). Thus, the revenue generated by the MVCHP provides an important funding source to improve all of the crown reserves under Kempsey Shire Council’s management, which would otherwise have to be funded from general ratepayer funds.


Stakeholder Engagement The strategies for annual and permanent licences have been developed in conjunction with input from ATPM, Council’s contracted manager of the MVCHP.

Councillor and Executive Leadership Team (ELT) briefing sessions in relation to these aspects of the MVCHP have also been conducted.

During October 2019 and November 2019 Council wrote to all Annual and Permanent licence holders to advise them that a report regarding the management of annual and permanent sites within MVCHP would be presented to Council.

As recommended Council will undertake appropriate stakeholder engagement on proposed site layout plans prior to presenting recommended MVCHP site layouts for Council consideration at a future Council meeting. An engagement and communication plan will be developed and published on Council’s Your Say Macleay engagement website prior to commencing this engagement.

CONCLUSIONAs an important and valuable community, economic and tourism asset, the MVCHP are a vital source of revenue which can be used to improve all crown land reserves that are managed by Kempsey Shire Council.

The abovementioned rationalisation strategy of annual and permanent licences within the MVCHP will assist in:

Maximising revenue opportunities of the holiday parks; Increasing equitable access, visitation and economic contribution of the holiday parks; and Achieving potential holiday park site layout redesign and capital infrastructure development.


9.5 Planning Proposal KLEP2013 AM 23 Various Lots Frederickton

Officer Bruce Potts, Senior Strategic PlannerFile No KLEP2013-AM-23Attachments 1. Roads & Maritime Services Response [9.5.1 - 1 page]

2. Department of Primary Industries Response [9.5.2 - 2 pages]3. Environmental Protection Authority Response [9.5.3 - 1 page]4. NSW Rural Fire Service Response [9.5.4 - 2 pages]5. Office of Environment & Heritage Response [9.5.5 - 4 pages]

PURPOSETo report on the status of the draft amendment to the Kempsey Local Environmental Plan (KLEP AM 23) which proposes additional residential land at Frederickton. In particular, to report on the provision of sewer infrastructure to the proposed rezoning area and the need to provide significant upgrades to the Kempsey and Frederickton sewerage schemes prior to proceeding with the rezoning.

RECOMMENDATIONThat Council, having considered the existing sewerage scheme capacity at Frederickton, pursuant to clause 3.35 (4) of the Environmental Planning & Assessment Act request the Minister for Planning that the matter, being KLEP AM 23, not proceed.

BACKGROUNDThe Planning Proposal was prepared with the objective of investigating the rezoning of under-utilised rural land in Frederickton to R1 General Residential, the aim being to unlock new and affordable residential lots close to existing services and facilities, and the Pacific Highway M1 Frederickton Interchange. The proposal area has been subject to considerable investigation and boundary revision to determine its suitability as an urban residential release area.

The area of the proposed rezoning is approximately 15 hectares with a potential yield of 150 residential lots.


Since Council received Gateway determination to proceed with the planning proposal in July 2018, further additional studies have been completed, including a land contamination report and confirmation of 1% AEP flood line, prior to public exhibition. A further investigation into sewer capacity is discussed further below.

Public exhibition and agency consultation on the proposal commenced in May 2019 and was completed in June 2019. No submissions on the planning proposal were received from residents or landowners affected by the proposal and public agencies raised no specific concerns with it proceeding.

The serviceability of the proposal area regarding water and sewer infrastructure remained an outstanding matter for investigation. In September 2019, Council staff investigated the feasibility of proceeding with the rezoning under the current Frederickton and Kempsey sewerage schemes.

The investigation looked at the broader context of the Frederickton village area, measured the extent of current demand, estimated future demand in the established village that could be taken up as infill for residential purposes, and considered the current strategies and plans for upgrading the sewer network. The results of this investigation are provided further below.

KEY CONSIDERATIONSAgency Consultation and Public Exhibition The Planning Proposal was placed on public exhibition for 28 days from 28 May 2019 to 25 June 2019. In addition, public agencies prescribed in the Gateway determination as well as landowners and adjoining landowners were notified.

Agency Submissions

Agency Submission Comment / Response

NSW Office of Environment and Heritage

The submission from the NSW Office Environment and Heritage raised no objections to the planning proposal proceeding in its current form.

The Office made three recommendations as follows: 1. Consider applying an E3

Environmental Management zone for the northern and western portion of Lot 1 DP857721 (encompassing the watercourse and associated 20m riparian buffers, remnant native vegetation, buffer to EEC and the hollow bearing tree).

2. Use the information provided in the Frederickton Flora and Fauna Assessment, together with more

Noted. A Biodiversity Strategy is being prepared and will identify high environmental value land and propose a consistent strategy to deal with it.



recent relevant information, to identify areas where a conservation zone (E2 or E3) could be applied to protect areas that have high environmental values in the Frederickton study area.

3. Consider including a local biodiversity provision in KLEP2013 to identify and protect areas that have high environmental values including wildlife corridors in the Frederickton study area.

NSW Roads and Maritime Services

The submission from NSW RMS raised no objections to the planning proposal proceeding.

Comments attached to the submission have suggested a Traffic Impact Assessment (TIA) on the local road network and any affected intersections.

A Local Developer Contribution Plan for the planning area, to be prepared prior to any development occurring, will incorporate a Traffic Impact Assessment and identify upgrades and improvements to the local road network necessary as a result of the redevelopment.

NSW Department of Primary Industries - Agriculture

The submission from DPI – Agriculture provided the following comments. 1. The RU1 land (within the proposal

area) is currently used for grazing and rural living purposes. Rezoning this land will result in the isolation of the residual flood constrained land to the west. This removes the available flood refuge on the property thereby impacting on the agricultural production potential of this land.

2. The meat processing facility identified within close proximity to the planning proposal area plays an important role in supporting a critical mass of agricultural industry in the region. Multi Species abattoirs are not common

1. The subject RU1 lots are fragmented and of sub optimal agricultural value given their small 5Ha size. The size of the lots and proximity to services were a key determining factor in investigating the feasibility of rezoning to R1 general residential.

2. Preserving the viability of the meat processing facility was a prime consideration in preparing the planning proposal. The western boundary of the proposed R1 zone falls approximately one kilometre to the east of the processing plant, as shown in Figure 1.



throughout the state and are important locally.

3. A review of the odour assessment for the proposal indicates that along with the rendering plant there is also an associated wastewater treatment plant at the abattoir. These two sources coupled with the cumulative effect of Councils Sewerage Treatment Plant (Frederickton) could potentially result in land use conflict complaints from future residents of the proposed rezoned land.

3. The objective of the Odour Impact Assessment Study commissioned for the planning proposal, was to determine the magnitude and extent of all odour impacts from the plant on the proposed rezoning area. The Study determined an appropriate odour impact assessment criterion of 2.0 Odour Units (OU) was appropriate, based on existing environmental factors. As a result, the original proposal footprint was amended to exclude lands inside the 2.0OU contour from the rezoning.

NSW Rural Fire Service

The submission from NSW Rural Fire Service raised no objections to the planning proposal proceeding in its current form.

The submission provided the following comments:

Future development applications for all development on bushfire prone lands will be required to comply with wither S4.14 of the Environmental Planning and Assessment Act 1979 or S100B of the Rural Fires Act 1997, depending upon the nature of the proposed development, and the relevant provisions of Planning for Bushfire Protection.

Noted.

NSW Environmental Protection Agency

The submission from the NSW Environmental Protection Agency (EPA)provided the following comment:

In Council proceeding with the rezoning the EPA recommends that appropriate consideration be given to land-use compatibility issues that may arise through the encroachment of residential development on existing

Preserving the viability of the meat processing facility was a prime consideration in preparing the planning proposal. The western boundary of the proposed R1 zone falls approximately one kilometre to the east of the processing plant area. It was determined an appropriate odour impact assessment criterion of 2.0OU was appropriate, based on existing



enterprises. Where measures such as the implementation of setback or buffer provisions to sustainably manage potential land-use conflict are necessary, that these measures are factored into any residential proposal rather than being imposed on the existing enterprise.

environmental factors. As a result, the original proposal footprint was amended to exclude lands inside the 2.0OU contour from the rezoning. Any further proposed rezoning closer to the existing enterprise would need to demonstrate how the identified conflict can be mitigated. Investigations of Council’s Complaints Register revealed that two historical complaints have been received from the public regarding odour from the plant, in September 2001 and August 2006.

Landowner Submissions No landowner submissions were received.

Investigation of sewer capacity at FredericktonThe investigations carried out have identified the Frederickton Sewerage Treatment Plant (STP) is currently operating at 2.42 times (1,421 Equivalent Persons (EP)) above its original design capacity. Based on the current availability of land in the village, combined with the area proposed for rezoning, Frederickton has the potential to reach 3,922 EP – 2.6 times the existing load and approximately 5 times the original design capacity.

The investigation highlighted the constraints the existing scheme places on further development at Frederickton. Prior to further development of the Frederickton area, significant infrastructure upgrades to the existing sewerage network and treatment facilities will be required (redirection of sewage to the new Central Kempsey Sewage Treatment Plant site). The impact the rezoning would have on a sewerage scheme already operating beyond capacity includes increasing risk of system failure and resultant environmental, social, reputational and financial consequences for Council. As such, the staff recommendation is to not proceed further with the planning proposal, discussed in the options section below. Once infrastructure provision is resolved, the planning proposal can start anew, albeit with significant baseline work already prepared.

Council staff are currently considering the outcomes of the Frederickton sewer capacity investigation and considering what options are available. At this stage, preliminary estimates are that the necessary sewer infrastructure delivery to enable the planning proposal to proceed would be in the five to ten-year horizon.

Options

Under clause 3.35 of the Act, Council may at any time, vary its proposals as a consideration of any submission or report during community consultation or for any other reason. Similarly, Council may, at any time, request the Minister to determine that the matter not proceed.


On review of the matters raised in the sewer capacity investigation and the Act, two options are available to Council:

Option 1 - To keep the planning proposal active and defer any further action until such time as the infrastructure upgrades are imminent. This option is not recommended.

Option 2 - To not proceed further with the planning proposal. This is the preferred option for the reasons set out below.

Option 1The likely timeframe for the necessary infrastructure upgrade is estimated at five to ten years. Keeping the planning proposal active would require several extensions to the Gateway Determination timeframe and therefore be subject to support from the Minister. The intent of the State Government timeframes on planning proposals is to reduce the overall time taken to produce LEP’s and ensure they are completed within a reasonable time. Being indecisive on such matters also consumes additional staff time in regular administration, timeline extensions and enquiries from the public. Considering the medium-term nature of the proposed infrastructure works, this option is not recommended.

Option 2Deciding not to proceed with the planning proposal at this point in time would allow time for the infrastructure upgrades to be appropriately planned and scheduled. The planning proposal can be raised again at such time as the necessary infrastructure is imminent and rezoning and development can occur in a logical sequence. Note that should Council determine not to proceed, nothing in that decision prevents a developer from making their own planning proposal and addressing any infrastructure shortfall through a negotiated outcome with Council.

Frederickton is an attractive area and a valuable source of future housing stock. There are sufficient opportunities in suitably zoned land to allow development to proceed in the interim, notwithstanding the effect this would have in increasing the load on the STP, however this is the current state.

The subject land has been included in the long-term sewer planning to ensure there is sufficient capacity in the system and can be added as a later stage in the village’s growth. Limiting expansion of the village in the short term may also have the indirect effect of increasing a developer’s return on investment, assisting in project feasibility of infill development mentioned earlier.

CONCLUSIONA range of issues relating to the rezoning have been successfully resolved. The final outstanding matter relates to Council’s ability to service the area with sewer and it has been determined that this cannot be resolved in a timely manner. Not proceeding at this time has several benefits including signalling the importance of infrastructure provision with rezoning and changes in land use, not consuming staff time in administration of an ongoing planning proposal and meeting the State’s objectives in dealing with planning proposals in a timely manner. For these reasons the staff recommendation is to not proceed with the planning proposal at this point in time.


9.6 Lower Macleay Flood Study

Officer Steve Schwartz, Coordinator Strategic and Environmental PlanningFile No F18/2296Attachments 1. Lower Macleay Flood Study [9.6.1 - 382 pages]

PURPOSEThe purpose of the report is to inform Council of the results of the recent public exhibition of the Lower Macleay River Flood Study (the Study) and seek Council’s endorsement. Additional endorsement is sought to start preparing necessary changes to Council’s planning controls relating to flooding.

The flood study completes the first stage of a three-stage process to produce a Flood Risk Assessment and Management Plan for the Lower Macleay River.

RECOMMENDATIONThat Council:

1. note the submissions received during public exhibition of the Lower Macleay River Flood Study as described in the report,

2. having considered submissions, adopt the Lower Macleay River Flood Study, including associated flood data and mapping,

3. proceed with preparation of the Lower Macleay River Flood Risk Assessment and Management Plan, subject to receiving grant funding, and

4. take the necessary steps to schedule into the 2020/2021 Operating Plan, a review and update of the Kempsey Local Environmental Plan 2013 (KLEP 2013), Development Control Plan 2013 (DCP 2013), and associated development policies and procedures to reflect new flood information.

BACKGROUNDStatutory FrameworkThe NSW Floodplain Development Manual 2005 (the Manual) outlines the process required in preparing Flood Studies and Floodplain Risk Management Studies and Plans. The Manual also outlines the responsibilities of the various entities which have roles and responsibilities in the management of flood prone land.

Floodplain risk management involves the planning and management of land subject to varying degrees of flood risk. As part of its normal planning responsibilities, Council is required to plan and manage flood prone land to ensure that development is not subject to unacceptable risk, whilst not unnecessarily restricting development where risks are determined to be acceptable. Council is also responsible for land use planning and management under the Environmental Planning and Assessment Act (EP&A Act) 1979.

Under the EP&A Act, Council is responsible for determining Flood Planning Areas, Flood Control Lots and Flood Planning Levels. Preparation of a management plan and associated studies provides the basis for the ‘good faith’ defence in order to be exempt from any actions resulting from any loss as a result of flooding. Provided Council discharges its obligations to manage the impacts of flooding and follows the processes set down in the NSW Floodplain Development Manual, Council will not incur liability as provided for under Section 733 of the Local Government Act 1993.

A summary of the Floodplain Risk Management process is extracted below:


Preparation of the Final Flood Study

The Final Lower Macleay River Flood Study has been prepared by specialist consultant engineers, JACOBS, on behalf of Council in accordance with the Floodplain Risk Management Process contained in the Manual and in consultation with the New South Wales Office of Environment and Heritage (OEH - now incorporated within Department of Planning, Industry and Environment).

The Study provides detailed flood data (flow, level, velocity, depth, and hazard categorisation) covering the broad floodplain between 2nd Lane, Kempsey to the ocean, to Stuarts Point in the north, and south of Crescent Head.

The Study document comprehensively outlines the following:

Data collection and review Model (hydrological and hydraulic) development Model calibration to recent and significant flood events of 2001 and 2013 Macleay River entrance zone detailed geomorphological and scour assessment and

modelling to inform river bed levels for modelling of large floods Design event flood model simulations and output mapping of data up to and including the

Probable Maximum Flood (PMF) covering the greater floodplain study area and more detailed mapping at Frederickton, Gladstone/Smithtown, Fishermans Reach, Stuarts Point, South West Rocks, Jerseyville, Hat Head and Crescent Head

The results from several scenarios to test a range of factors including hydraulic roughness, performance of the flood mitigation scheme, and medium and high range projections of increased rainfall intensity and sea level rise to 2050 and 2100

Study findings and recommendations for further works to be conducted as part of the Flood Risk Management Study phase


KEY CONSIDERATIONSStrategic AlignmentThe Lower Macleay Flood Study is aligned with the Shire’s Community Strategic Plan 2017:

Implement systems to minimise and mitigate the impact of disasters (SAS-02) Reason for strategy selection: Events such as floods and fires have social and economic impacts on the community. Preparation and systems that minimise the impacts of these events can save lives and property.

The project commenced during Operational Plan 2017-18 and continued within year 2018-19, and current year 2019-20.

Impact on Financial SustainabilityThe Study is part funded (2:1) by a grant under the NSW Floodplain Management Program. Further OEH grant funding via approved project variations was provided to assist in gathering additional survey, old flood model data and detailed geomorphic modelling of scour potential within the river entrance zone to inform the model calibration and development phase of the Study.

It is important to achieve the grant acquittal date to ensure compliance with the grant funding deed. Efficient and effective management of grant funded projects such as this helps in the success of future grant bids.

A grant application has been submitted for the next Stages 2 and 3 to prepare the Floodplain Risk Management Study and Plan. Notification of the results of that application are anticipated early in 2020. If successful, Council will be obliged to commit expenditure to cover the associated part of the 2:1 funding.

Stakeholder EngagementLower Macleay Floodplain Risk Management Plan – Technical Group

The Technical Group includes:

Kempsey Shire Council staff NSW Department of Planning, Industry and Environment NSW State Emergency Service Four private landowners / residents within the Study area

The Technical Group has been actively involved in progress meetings and review of sub-reports produced (Data Collection and Model Development) and reviewed and commented on the Draft Report in 2019, with their feedback informing further revision of the draft Study.

Public Exhibition & Community Engagement

On 1 October 2019, the Draft Lower Macleay River Flood Study Report was placed on exhibition for a 28-day period to 28 October 2019.

On 15 October 2019, a community information session was held at the Gladstone Heritage Hotel and attended by up to 40 community members.

The information session detailed the processes undertaken to prepare the Study, the findings and discuss the recommendations put forward to inform future stages and development of the Flood Risk Management Study and Plan. Video animations of design flood events and historical events (2001 and 2013) were available for viewing. Such animations greatly assisted the community in relating to flood behaviour.


The draft Study was made available on Council’s Your Say Macleay website with an associated survey and portal to make a formal submission. The website attracted 156 visits with 115 document downloads, the most popular being the executive summary (51 downloads). Four submissions were received, included in the table below. A detailed response on each submission is included in the table.

Submission comment (unedited) Response

1 Nobody from Jacobs interacted with residents from Jerseyville in this 'study'.

We have been telling council since major event in 2001 that drains and flood caps are no functional in Main St, jerseyville or South west road at fish co.op and Plummers lane. Any high tide over 1.7 floods the street.

The public exhibition stage consultation was intended to be the main mechanism for interaction with the community about the flood study.

Maintenance of floodgates was not a part of this Flood Study, however the matter has been referred to our operational team for investigation.

2 The primary and urgent thing the Council must do to minimize flood risk is to immediately begin dredging the river. At the meeting fishermen were saying that they can't turn their boats around at Jerseyville and by 2020 it is highly likely that Jerseyville will be inoperable as a fishing fleet location due to sediment build-up. This is symptomatic of a universal problem on the river. It is bleedingly obvious to anyone driving along SWR Road at low tide. How bad does it have to get before Council acts on the problem.

Put the contract for dredging out to tender and charge the private operator $2/ton royalty, specifying the priority locations and managing sediment buildup that potentially impacts oyster farmers (of which there are - how many, 7?

The subsequent floodplain risk management study project will investigate options for mitigating the existing flood problems, which will include river dredging to improve flood flow capacity. These options need to be tested to demonstrate effectiveness in the flood model. Undertaking these studies is a requirement in the process for procurement of funding for implementing these options for flood management purposes, and will help determine the priority areas for dredging works.

Sediments would need to be assessed as suitable quality for extraction for industrial uses which would permit the funding model suggested by the respondent.

3 Page 64 6.4.17 The opening of the Belmore & Kinchela floodways may have a minimal impact on peak flood levels but the opening of these gates certainly has an impact upstream on slowing of rate of rise of the rising floodwaters.

Page 86 8.2 Flood behaviour. "floodwaters tend to break out of the river at Seven Oaks prior to breaking out at other locations" - this is not the case. In 2001 the Bellimbopinni levees upstream of Seven Oaks overtopped in excess of 5 hours earlier than Seven Oaks levees. More recent floods have also overtopped the Bellimbopinni

- Feedback on the effect of the floodways on the rate of rise is appreciated and this will be considered in the testing of different floodway operation scenarios in the floodplain risk management study.

- Flood behaviour. Jacobs reviewed the locality boundaries and notes the breakouts in the model are actually on the border of Bellimbopinni and Seven Oaks as well as Bellimbopinni near Dangar Lane and


levees upstream of Seven Oaks prior to the Seven Oaks levees overtopping. Years ago before the 2001 flood the Seven Oaks levees often overtopped prior to other levees but this is no longer the case.

For all the different scenarios that the model was run for in this report, was actual levee heights used in the model or design levee heights. There is a difference which would produce different results. Also was changes to Council and RMS road heights that have occurred in past and recent years considered- eg Plummers lane, Macleay Valley way, roads in the Belmore and Kinchela area etc.

not in the Seven Oaks area only. This has been corrected in the Final Report.

- The levee levels were modelled based on ground survey and aerial laser survey (i.e. LiDAR). The LiDAR is dated 2016 and levee survey about 2014. Both are recent dates so are expected to pick up the current levee conditions. Road raising including Plummers Lane, South West Rocks Road etc were modelled based on Council’s records.

- The LiDAR has also detected the current narrowed river channel/bank conditions upstream of Seven Oaks and hence this terrain is represented in the modelling. The thicker vegetation along the bank described was not represented but this is not expected to have a major impact on flood behaviour as the main conveyance is within the river channel itself, which is adequately represented.

- Testing of different timings of floodway openings will be undertaken in the subsequent floodplain risk management study project with a focus on frequent flood events. However, it is noted that the total capacity of the three floodways is a small portion of the Austral Eden/Pola Creek breakout flows and may have only a small effect on larger flood events.

- The modelling shows some minor overtopping around Bellimbopinni levee but not to the degree suggested by the respondent. This appears due to be at two or three localised low points in the levee as shown on Council audit report survey. While the levee representation in the model is based on survey, refinement of the model at these locations near Dangar Lane should be undertaken to ensure the levee low points are fully represented - may need to be lowered about 150mm locally in the model. This is not expected to affect the model calibration.


Review of rainfall data indicated a second rain band occurring in the storm event following the main storm peak, causing a second flood wave of smaller size than the main.

4 Given the floodplain, where the water goes through, is 4.3% of the total catchment area of 11500km2, with varies landscapes up stream, this is no ‘bathtub’ modelling exercise. As the report admits; it is not a perfect or highly accurate modelling. In this instance perhaps it is true to say that the modelling… “Calculates results to a fine decimal point, using formulas that are based on broad assumptions.”!

The Study and Report are pretty good; for the size and variety of the Macleay River catchment and with the limitations that it admits in Section 10: And often admits it is based on limited accurate available data, many un-measured, unknown and changing scenarios, that have gone into the modelling. For example: the variability of flood types; runoff from where within the large catchment; amounts able to be detained retained above the floodplain (coefficient of runoff) in wet or drought scenario; the sea level (tide or general climate-change rise) at the peak flood time; and any changes to the flow-path and flood-plain between now and the next significant flood.

The TRUEFLOW and other modelling (with some 2013 flood calibration checks) in various potential scenarios, provides ‘best available’ to date, conclusions and mapping.

I am concerned to note is that (pages 9 to 11) the Report’s:

‘Conclusions’ repeatedly state that the they are ‘broad’ and ‘general’, and

All ‘Recommendations’ are for further data collection, study, model refinement and update with changes. (‘All’, being with the exception of the last one which recommends public exhibition & comment on the draft.)

As noted by the respondent, the flood study TUFLOW model is calibrated and verified based on all available data and information. The model performance in the calibration process and the input assumptions into the design flood estimation are valid and the model is considered robust. The model provides an overall representation of the floodplain at a maximum 20m resolution and is an improvement of previous coarser models using older modelling techniques and the more recent but limited in extent flood models.

The concerns about the "broad"and "general" findings are acknowledged. The words "broad" and "general" in the flood study report are used to describe overall trends in flood behaviour in the design flooding and sensitivity testing and do not diminish the robustness of the model and flood study.

The overall objective of this flood study has been achieved, in developing appropriate flood modelling for estimating flooding conditions and behaviour for design flood events in the Lower Macleay floodplain, particularly for larger flood events such as the 5% and 1% AEP events and rarer. While not specifically stated as a recommendation, it is implied that the flood model is to be used in the subsequent floodplain risk management study and it will form a reliable platform for testing out potential scenarios for flood mitigation measures. The number of recommended refinements of the model will extend the model's capability to undertake this scenario testing, for example, operation of the Belmore and Kinchela floodways in low


‘Actionable’ recommendations for inclusion into Council’s floodplain management planning decisions are absent.

I believe The Draft Study and Report are currently the ‘best available’ modelling knowledge with useful village AEP assessments; and it fulfills Council’s brief to Jacobs. But I question its adequacy as sufficient to fulfill the objective of being; suitable for Kempsey Shire Council to make decisions for responsible for local land use planning in its service area, including management of both mainstream and overland flooding within the LGA under the NSW Government’s Flood Prone Lands Policy, effectively?

flood flows. Recommendations for collection of additional data will allow the model to be further improved into the future which will allow ongoing upgrades in guidance for Council's floodplain management decisions.

CONCLUSIONThe Lower Macleay River Final Flood Study Report has been developed in accordance with the NSW Floodplain Development Manual 2005 in collaboration with relevant government agencies and landowners via the Lower Macleay Floodplain Risk Management Plan – Technical Group.

The Final Flood Study Report is recommended to be adopted by Council.

It is also recommended to schedule appropriate resources to prepare and update the relevant planning controls relating to flooding so new information can be applied as soon as possible. These changes include the addition of a flood map layer to the KLEP 2013 and associated updates to Council’s flood policy and DCP 2013 to guide development.


9.7 Legislative Compliance Policy

Officer Daniel Thoroughgood, Manager – Governance and Information ServicesFile No F19/1933Attachments 1. policy-5-15- V 1-legislative-compliance-policy-draft [9.7.1 - 2 pages]

PURPOSETo report to Council on the status of the development of a legislative compliance program and seek Council’s adoption of the Draft Legislative Compliance Policy.

RECOMMENDATIONThat Council adopt the Legislative Compliance Policy with a commencement date of 19 December 2019.

BACKGROUNDCouncil does not currently have a formal Legislative Compliance Program. The lack of a regulatory compliance framework was identified in Council’s Corporate Governance Framework internal audit as a risk and opportunity for improvement.

Whilst lacking a formal framework, Council’s management currently make every effort to ensure that Council’s day to day operations are compliant with all relevant legislation and regulation.

Attached is a draft legislative compliance policy, which is recommended to Council for adoption. The scope of the legislative compliance policy is currently limited to NSW and Commonwealth primary and subsidiary legislation. It does not include codes, standards, contracts, permits, licenses, orders, rules, judgements, policy or procedural compliance items.

The policy is largely based on Council’s former Legislative Compliance Policy (MPOL-18) which was in place until late 2011, at which time it was revoked and not replaced, and as such for the most part reflects practices and customs which are already in place.

KEY CONSIDERATIONSPolicy and LegislationThe draft policy is intended to provide a mechanism such that Council’s Executive and Senior Leadership Teams, Audit & Risk Committee and Elected Members can be provided with assurance of Council’s compliance with obligations imposed by legislation and regulation.

There is no legislative requirement for public exhibition of this policy.

Strategic AlignmentThis policy aligned with Delivery Program Outcome GS01.1 Internal facilitation and support is prioritised and is included in the 2019-2020 Operational Plan action GS01.1.3 Manage the Legislative Compliance Register.

Impact on Financial SustainabilityThe implementation of the policy is being designed in such a manner to integrate with existing external and internal audit, operational management and risk management processes to minimise additional demands on Council’s limited resources. There is no anticipated impact on financial sustainability.


Stakeholder EngagementThe key stakeholders are executive and senior leadership, internal audit, external audit, council’s Audit & Risk Committee and the Council. All staff have a role in ensuring compliance within their area of responsibility, promoting it and reporting non-compliances appropriately.

The attached policy is only one part of the complete framework that will consist of a policy, procedure, legislative compliance database and supported operational guidance.

Key Stakeholders for the policy component include the executive, the Audit and Risk Committee and the elected members. The policy has already been endorsed by the Audit and Risk Committee and is now recommended to Council for adoption with a single edit seeking regular attestation to be provided to that Committee, and via their minutes to Council.

It is not intended that there will be any impact on members of the public by the implementation of this policy, and as such it’s not recommended for public exhibition.

Other MattersIn conjunction with this policy, a Legislative Compliance Procedure is also being developed and implemented, and a Compliance Register has been established. Identification of compliance requirements has been completed utilising Council’s delegation of authority framework, internal reporting, external audit, and a review of other Council’s compliance register. The procedure is being established in-line with AS ISO 19600:2015 Compliance management systems.

The identification process has recorded 122 items of legislation and 95 items of subsidiary legislation where Council has compliance requirements of some kind. These have been allocated to appropriate managers. There are several items of legislation that are jointly allocated to two or more managers. Ongoing identification of compliance requirements has commenced with a review of the NSW Government Notification of the making of statutory instruments, NSW Government Gazette and Bill information being scheduled to occur each Friday morning.

This is supplemented with information received from the Office of Local Government, NSW Department of Planning, Industry and Environment, Local Government NSW and Council’s legal services panel members on an ongoing basis.

Where necessary advice on new or changed legislative provisions may be sought from Local Government NSW, the Office of Local Government or Council’s legal services panel.

Actual, or suspected, non-compliance may be reported to the Governance & Information Services section for recording, and the appropriate response will be coordinated by the responsible Manager, Director or the General Manager.

Compliance requirements identified on the compliance register will inform the scope of Internal Audit and Internal Audit findings in relation to compliance matters will be recorded on the compliance register.

CONCLUSIONIt is recommended that Council adopt the Legislative Compliance Policy.


9.8 Statement of Cash and Investments Officer Wayne Douglass, Acting Manager Financial ServicesFile No F19/1930Attachments 1. Investments at November 2019 [9.8.1 - 1 page]

2. Investment Performance Chart November 2019 [9.8.2 - 1 page]3. Bank Reconciliation November 2019 [9.8.3 - 1 page]

PURPOSEIn 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.

ISSUESCouncil'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. (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 $50.4M in cash and investments as at 30 November 2019. This is $6.3M higher than last month mainly due to the increased cash from the second rate instalment falling due.

The original investment income budget for the year was $1.3M. This has been revised down by $0.2M per the adopted September quarterly budget review to $1.1M. This is more reflective of the currently lower market interest rates.


Investment income year to date is $377,182 and remains lower than budget. It is likely that a further reduction will be required as part of the December 2019 Quarterly Budget Review.

CONCLUSION Council is holding $50.4M in cash and investments. Investment income generated is lower than last year mainly due to lower market interest rates than was assumed within the budget.


10 Notices of Motion/Questions with Notice

10.1 Community Sustainability - The Regeneration

Councillor Bruce MorrisFile No F19/1930Attachments 1. 2040 Screening Event a resounding success [10.1.1 - 2 pages]

2. Photos of 2040 Community Screening [10.1.2 - 2 pages]

PURPOSETo provide:

1. An overview of the Community Screening of the film 2040 coordinated by Macleay Living Sustainably on 29 November 2019.

2. A platform to debate the most effective way of disseminating the information within our community highlighted in the movie 2040 and encourage our community to improve community resilience and quality of life.

I intend to move the following motion at the ordinary meeting of Council to be held Tuesday, 17 December 2019

RECOMMENDATION1. That Council, in conjunction with Macleay Living Sustainably coordinate additional

community screenings of 2040;2. That Council, if possible, provide adequate copies of the movie for loan, either as a DVD or

by digital download from Kempsey Shire Council libraries to satisfy community demand; and

3. That Council investigate the viability of providing the schools version of the movie 2040 for use within local schools.

BACKGROUNDThe movie 2040 is a very informative, insightful and inspiring documentary that presents a positive future that is possible with reduced emissions if we choose to embrace opportunities that already exist around the world today. Just imagine the additional possibilities as more discoveries and options are developed into the future. I will not go into the details explored in the movie, so as not to spoil the experience for those that have not seen the movie.

However, it does inspire with demonstration of a range of practical adaptations, and the experience gained by being involved with a community screening brings it to life even more. I strongly encourage anybody who has not seen this documentary to make the effort to watch it. While it touches on the probable consequences of accelerating climate change the main thrust is implementing changes that build community and enhance sustainability and quality of life for our community.

The attachment provides an overview of the community screening, including the lead up events prior to the screening of the movie itself, such as community and local student presentations and the screening of the ‘Save our Recycling’ short video and promotion of the LGNSW campaign that Council endorsed at its October Council Meeting.

If community members are not available to attend a community screening the movie is readily available by digital download for hire or purchase and is also available in local shops that sell DVD’s.


The initiative of additional community screenings coordinated by Council and Macleay Living Sustainably provides an ideal opportunity for community involvement and engagement for Councils Sustainability Project Officer.


10.2 Call to Suspend Logging in State Forests

Councillor Bruce MorrisFile No F19/1930Attachments 1. Forestry Plan of Operations Map [10.2.1 - 1 page]

PURPOSETo have Council make representation to the NSW Government to suspend logging in State Forests until after the current bushfire emergency has been controlled and an assessment of the habitat loss has confirmed that suitable habitat is available to support the native animals that have suffered as a result of the unprecedented fires in the region.


RECOMMENDATION1. That Council makes representation to:

a. Our Local Member, The Hon Melinda Pavey, Minister for Water, Property and Housing;

b. The Hon Gladys Berejiklian, NSW Premier;c. The Hon Matt Kean, Minister for Planning, Industry and Environment; andd. The Hon Adam Marshall, Minister for Agriculture and Western NSW

2. To suspend any logging in the Mid North Coast region of NSW suffering extreme bushfire activity and threat to wildlife until the following actions occur:

a. The immediate threat of bushfires subsides within the region;b. Adequate rainfall, as assessed by the NSW Rural Fire Service, across the region is

received to support the effort to stop the current fires;c. An assessment of the impact the fires have had on habitat of koalas and other

wildlife and endangered plant communities is conducted; andd. The number of koalas and endangered plant communities lost to fires are

quantified.

BACKGROUNDThe unprecedented fires that have been experienced across our region have had a devastating impact on both human life and native animals. Efforts are being made to assist in the recovery of our communities, which still needs considerable ongoing support and assistance. It is important that we give due consideration to protecting native animals. The support, by way of community donations to the Port Macquarie Koala hospital is a clear example of community concern in this regard. It is critical that an assessment of the needs of all native animals is made prior to proceeding with continued logging of State Forests, with the potential to further degrade our biodiversity on top of the devastating impacts of the unprecedented bush fires across extensive areas of State Forests, National Parks and Private lands.

The screenshot at Attachment 1, provides an overview of the Forestry Corporation Plan of Operations Map (12 Month) for part of the Mid North Coast, centered on Kempsey, extending from Laurieton in the south to Coffs Harbour in the north. This screenshot was as at 5 December 2019. A Map with interactive links that provide the forest name is available at the link, ‘https://planportal.fcnsw.net’. Many of the areas included in the Plan of Operations for harvesting have been impacted by bushfires, others have had work delayed by bushfire activity, some have been completed and some have been suspended, whilst others are either Approved, in Planning or


Scheduled, so an updated Plan may be possible. It has also been reported that some harvesting is currently progressing. If adopted this motion would call on the State Government to cease such operations until the bushfire threat subsides and a thorough review of habitat for Koalas, wildlife and endangered plant communities has been completed.

This action if supported by Council will provide support for the actions already initiated by Bellingen Shire Council to protect better manage the regions biodiversity for the benefit of koalas, wildlife and endangered plant communities.


10.3 Amendment to Code of Meeting Practice - Delegate Reports

Councillor Bruce MorrisFile No F19/1930Attachments Nil

PURPOSETo amend Council’s Code of Meeting Practice to remove para 23.17 which restricts any motion or resulting resolution from a Delegates Report to be that Council ‘Receive the Report’ or that Council ‘Note the Information’ provided, and that any other motion must be deemed out of order.

This restriction effectively stifles debate and prevents Council from debating / considering matters learnt from attendance at a conference or training session and could impact the implementation and/or consideration of worthwhile initiatives that have the potential to enhance the quality of life for our community.

I intend to move the following motion at the ordinary meeting of Council to be held Tuesday, 17 December 2019.

RECOMMENDATION1. That Council amend Procedure 5.1.4 Code of Meeting Practice by deleting paragraph

23.17; and2. That the amended Code of Meeting Practice is placed on exhibition for a period of not less

than 28 days, with submissions open for not less than 42 days from the start of exhibition.

BACKGROUNDThe deletion of paragraph 23.17 of Procedure 5.1.4 Code of Meeting Practice, which reads “The only resolution that shall be taken upon a delegates’ report is to receive the report and/or note the information provided. Any other motion must be deemed out of order.” would allow a motion to be brought forward by way of a Delegates Report. The bringing forward of information learnt at a conference or workshop to be debated by Council is a logical approach. Why should the community fund attendance at such events, if the consideration of and debate of potential outcomes from the conference is not permitted? It should be noted that the inclusion of a substantive motion, does not automatically mean that it will be resolved by Council. Such information though should be able to be debated. The process of the debate may result in the motion being accepted, being varied to provide a greater benefit, or outright rejection. Stifling debate though is not good in a democracy.

Let’s delete this restriction and allow greater consideration and debate of proposals gleaned from attendance at a Conference or Workshop, particularly those that have the potential to improve our community’s sustainability, resilience and/or standard of living.


10.4 Planning for Bush Fire Protection

Councillor Leo HauvilleFile No F19/1930Attachments Nil

PURPOSETo make the Kempsey Shire Community safer, Council should disseminate information that enables those rebuilding or those wishing to make their homes safer after the recent fiery bushfire onslaught.


RECOMMENDATIONThat Kempsey Shire Council should disseminate the “Planning for Bush Fire Protection” report to as many people as possible who have had their homes and property destroyed in the recent bushfires. It should also make it available on the Council website for those not affected but who may wish to strengthen their home’s defences against bushfires.

BACKGROUNDThe Shire community has been severely affected by the November fires with much loss of property and houses. The sixty-on or more homes were not able to survive the onslaught of the unprecedented conditions of fire, high temperatures and strong winds. Council will analyse the recent event and promote best practice for those rebuilding. The Rural Fire Service document goes along way in setting the parameters of best practice for our Shire.

The Hon. Troy Grant stated in the forward:

New South Wales is one of the most bush fire prone places in the world. Over time, as our population increases and moves into new areas, the issue of preparing for and mitigating against the risk of bush fire has become increasingly complex.

Planning for Bushfire Protection 2018 builds on the outcomes and lessons of bush fire events experienced over the past decade including the 2009 Black Saturday bush fires in Victoria. It also draws upon the better understanding and experience of fire events in NSW, including those which impacted areas like the Blue Mountains, Coonabarabran and Southern Highlands in 2013, as well as more recent fire events in 2017 and 2018. With lessons learned from major bush fire events, along with changes to building code and construction standards, this substantially revised 2018 edition of PBP is intended for use by councils, town planners, NSW fire authorities, developers, planning and bush fire consultants, surveyors, and building practitioners (including accredited certifiers).

General Manager’s CommentOn Friday 6 December 2019 the General Manager emailed Councillor Hauville to recommend the Notice of Motion be withdrawn as the items had already been actioned. At the time of finalising this report no response had been received from Councillor Hauville. An extract of the email to Councillor Hauville is included below:

Hi Leo


There are two links on our website that takes people to the most up to date information which is on the RFS website, The main jump-off is from:

www.kempsey.nsw.gov.au/emergency/rfs.html#pbp

A higher level jump-off is on the Development information page:

www.kempsey.nsw.gov.au/development/development-information.html

under the Codes and Policies you need to check section.

This links to the Building in a bush fire area section of the RFS website and encompasses a wider range of information, including branching sections for various categories of enquiries.

The information is also included in the information that applicants will be taken through if they live in bush fire zones.

Given this I do not consider the NOM is required. Are you happy to withdraw the NOM?

Regards

Craig Milburn

http://www.kempsey.nsw.gov.au/emergency/rfs.html#pbp

http://www.kempsey.nsw.gov.au/development/development-information.html


10.5 Questions on Notice

COUNCILLOR B J MORRIS FILE: F19/1945 DES

QFNM1Can council be provided with an estimate of the cost to reinstate the trees that were maliciously damaged in Stuart St over the weekend?

RESPONSEThe cost to remove the remainder of the vandalized trees as well as source, transport and plant new trees is estimated to be $3,750.

COUNCILLOR L J HAUVILLE FILE: F19/1945 GMB

QON1Noting that Armidale, and the University of New England, are in the Macleay Valley, whilst Crescent Head and Kundabung are not in the Macleay Valley, why was the Country University Centre named the Macleay Valley Country University Centre? Were any other names considered and what were they?

RESPONSEThe name of the proposed centre is Country Universities Centre Macleay Valley. The selection of the Country Universities Centre Macleay Valley name and associated company name was a decision of the Country Universities Centre Macleay Valley Ltd Board.

This name was chosen to reflect the entirety of the area which would benefit from the establishment of a Country Universities Centre (CUC). The names for existing CUC largely reflect the broader areas of the communities in which they are situated.


QON2Is the business case being prepared for leasing the Kempsey Regional Saleyards going to factor in the cost of managing animal welfare?

RESPONSEThe saleyards business plan will consider all operational management aspects associated with operation of the saleyards including animal welfare.



QON3With reference to the answer to QON7 by Councillor Hauville found in the Agenda for November Council how were Councillors informed they could attend the Ignite 2019 Conference and, if so, were they requested to ask for sponsored tickets?

RESPONSECouncillors were advised that Kempsey Shire Council was sponsoring and co-hosting Ignite 2019 via an email to all Councillors on 30 July 2019 and also subsequently at one of its regular Councillor briefing sessions. Ignite 2019 was a Regional Development Australia Mid North Coast (RDAMNC) advertised event that was open to all members of the public. Councillors were not asked to request sponsored tickets as Council did not sponsor any tickets to the event as its sponsorship was directly to RDAMNC.

A comment was included in the 28 November Business Paper that “No requests were received from Councillors in relation to sponsored tickets prior to the event.” to reflect that no Councillors made a request to Council staff for their tickets to be purchased by Council prior to the event.


QON4What was the cost of Kempsey Shire Council sponsorship of the Ignite 2019 Conference?

RESPONSECouncil’s contribution to sponsor and co-host Ignite 2019 was $10,000, which was funded from Council’s economic development budget for 2019-20.

COUNCILLOR B J MORRIS FILE: F19/1945 RAF

QON1Has Council submitted an application for the ‘Everyone can play’ grant which closed at 12pm 11 December 2019. If yes, for what project?

RESPONSEAn application is being prepared for a playground renewal at Hat Head.


COUNCILLOR B J MORRIS FILE: F19/1945 WJT

QON2It has been reported that water consumption across the Shire has reduced by approximately 20% as a result of Level 2 water restrictions. This will subsequently reduce Councils income for water use. Has there been a corresponding decrease in operational supply costs to offset this reduced income? What impact will these changes have on the financial sustainability of the water fund?

RESPONSEShort term impacts only would be anticipated, with no to minimal impact on overall financial sustainability.

A primary reduction in costs is being realised in electricity, approximately $60,000 per year, and chemical (minimal) costs. Staffing costs are essentially unchanged.


QON3What is the anticipated decrease in water use and subsequently income, with the adoption of Level 3 water restrictions?

RESPONSESince level 1 and 2 restrictions have been in place a 2.3ML average daily reduction has resulted for the Kempsey Shire LGA supply area. It would be anticipated that a further 1ML reduction would result under level 3 restrictions.

Charges do vary pending usage type. The approximate loss of income is of the order of $6,000-8,000 per day.


QON4What is the progress with the initiatives to reduce algae problems to secure a continued supply of water from the Steuart McIntyre Dam?

RESPONSEIn mid-October Envirosonic algae control systems were installed in Steuart McIntyre Dam for a 12 month trial. We have recorded no adverse effects from the installation and will need a full 12 months to evaluate the performance of the system. Algae species/levels and water quality remain within water quality guidelines.



QON5 What is the current level of water within the Steuart McIntyre Dam?

RESPONSE68% as of 5/12/2019.


QON6On the assumption that the water quality within Steuart McIntyre Dam continues to be suitable, what is the predicted duration of supply, based on the anticipated water consumption with Level 3 restrictions?

RESPONSEIf no water is able to be pumped from the Sherwood bores to Steuart McIntyre Dam during the period (unlikely), approximately 6-7 months. This is subject to climatic conditions experienced however.


QON7Have the environmental assessments for the construction and sealing of Point Plomer Road been completed.

If yes, what form of assessment was completed, when was it completed and what matters, if any need to be proactively managed during the course of the works?

If not, when is it anticipated that it will be completed and what form of assessment is likely to be required?

RESPONSEThe assessment (Review of Environmental Factors - REF) is in progress in accordance with Part 5 of the Environmental Planning & Assessment Act, which is occurring in conjunction with design work. The purpose of the REF is to describe the Activity, to document the likely impacts of the Activity on the environment, and to detail safeguard/mitigation measures to be implemented. The full assessment will likely be completed in February 2020. The outcomes of the assessment will be required to be incorporated into construction management plans.



QON8 (Brought forward from QON9 put to 28 November 2019 meeting)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?

RESPONSEMaintenance (operating) work has been undertaken using Regional Road Block Grant funds.

Approximate Council expenditure (capital) per road on the regional road network has been as follows:

2014/15Armidale Road - $260,928

South West Rocks Road - $1,164,373

Smithtown Road - $0

Crescent Head Road - $664,829

Stuarts Point Road - $0

Macleay Valley Way - $0

Plummers Lane - $82,823

2015/16Armidale Road - $1,644,034

South West Rocks Road - $69,244

Smithtown Road - $0

Crescent Head Road - $778,139

Stuarts Point Road - $353,892

Macleay Valley Way - $4,360,560


2016/17Armidale Road - $45,254

South West Rocks Road - $0

Smithtown Road - $0

Crescent Head Road - $0


Macleay Valley Way - $1,574,958


2017/18


Armidale Road - $0


Smithtown Road - $0



Macleay Valley Way - $730,184


2018/19Armidale Road - $369,530


Smithtown Road - $0


Stuarts Point Road - $0

Macleay Valley Way - $49,603


Note figures for Macleay Valley Way include substantial work related to the delivery of the Macleay Valley Way Masterplan. Also note Council is required to match the annual RMS Regional Road Repair Programme grant, which is included in the figures above.

Total expenditure (all sources) for each year on the regional road network has been:

2014/15 - $6,357,538

2015/16 - $12,900,595

2016/17 - $7,696,849

2017/18 - $7,397,811

2018/19 - $5,095,819


11 Confidential Matters

MOTION FOR CONFIDENTIAL SESSIONIn 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.

2) 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 ground of legal professional privilege,(h) information concerning the nature and location of a place or an item of Aboriginal

significance on community land,(i) alleged contraventions of any code of conduct requirements applicable under section 440.

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 ServicesFile No F19/1960Section 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.

11.2 Tender for Relocatable Modular Buildings

Officer Kurtis McConkey, Project ManagerFile No TQE19/23Section 10A(2)(d)(i) – Commercial PositionThis report is submitted on a confidential basis as it involves commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it (Local Government Act 1993, section 10A(2)(d)(i)).

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

11.3 Audit and Risk Committee Meeting Minutes - 15 November 2019

Officer Matthew Bentley, Internal AuditorFile No F19/2510Section 10A(2)(e) – Maintenance of LawThis 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.

11.4 Tender for the Supply and Delivery of Pavement Materials

Officer Dale Smith, Manager Infrastructure DeliveryFile No TQE19/16Section 10A(2)(d)(i) – Commercial Position


This report is submitted on a confidential basis as it involves commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it. (Local Government Act 1993, section 10A(2)(d)(i)).


11.5 Construction of Mid North Coast High Performance Centre, South West Rocks - TQE19/24

Officer Dale Smith, Manager Infrastructure DeliveryFile No TQE19/24Section 10A(2)(d)(i) Commercial Position

This report is submitted on a confidential basis as it involves commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it. (Local Government Act 1993, section 10A(2)(d)(i).


11.6 TQE17/25 Design, Construction, Testing & Commissioning of Crescent Head Water Treatment Plant

Officer Wes Trotter, Manager Water and SewerFile No TQE 17/25, F19/2571

Section 10A(2)(d)(i) – Commercial Position

This report is submitted on a confidential basis as it involves commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it. (Local Government Act 1993, section 10A(2)(d)(i)).


12 Conclusion of the Meeting

commencing at 9:00 am corner tozer and elbow streets, west

Documents