commencing at 9:00 am corner tozer and elbow streets, west … · 2020-06-09 · ordinary council...

Ordinary Council Meeting - 16 June 2020

A Council meeting will be held on Tuesday 16 June 2020 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 ..........................................................................................................................58 REPORTS OF COMMITTEES ...............................................................................................................6

8.1 LOCAL TRAFFIC COMMITTEE - MINUTES 2 JUNE 2020 ..............................................................................69 REPORTS TO COUNCIL.......................................................................................................................7

9.1 KEMP STREET SPORTS COMPLEX AND SERVICE CLUBS PARK MASTERPLANS ...........................................79.2 BACK CREEK FORESHORE CARPARK AND OPEN SPACE UPGRADE...........................................................169.3 STURT STREET, SOUTH WEST ROCKS - TRAFFIC REPORT .........................................................................209.4 COVID-19 PANDEMIC UPDATE.................................................................................................................269.5 ADOPTION OF 2020-2021 FEES AND CHARGES .......................................................................................339.6 MAKING THE RATES AND CHARGES FOR 2020-2021...............................................................................419.7 LOAN BORROWINGS................................................................................................................................479.8 STATEMENT OF CASH AND INVESTMENTS - JUNE 2020..........................................................................50

10 NOTICES OF MOTION/QUESTIONS WITH NOTICE...........................................................................5210.1 QUESTIONS ON NOTICE ...........................................................................................................................52

11 CONFIDENTIAL MATTERS ................................................................................................................5611.1 LEGAL MATTERS.......................................................................................................................................5711.2 TENDER FOR THE SUPPLY AND DELIVERY OF BULK FUELS AND LUBRICANTS .........................................5711.3 TENDER FOR THE SUPPLY AND DELIVERY OF BULK WATER TREATMENT CHEMICALS ............................5711.4 AUDIT AND RISK COMMITTEE MEETING MINUTES - 13 MAY 2020.........................................................5711.5 STEUART MCINTYRE DAM WATER TREATMENT PLANT PROCUREMENT AND CAPACITY .......................5811.6 CONFIDENTIAL MAYORAL MINUTE - GENERAL MANAGER ANNUAL PERFORMANCE REVIEW ...............58

12 CONCLUSION OF THE MEETING ......................................................................................................58


1 OPENING PRAYER

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

2 ACKNOWLEDGEMENT OF COUNTRY

“Council acknowledges that this meeting is being held on the traditional lands of the Dunghutti People”.

3 APOLOGIES AND APPLICATIONS FOR A LEAVE OF ABSENCE BY COUNCILLORS

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

4 CONFIRMATION OF MINUTES

That the minutes of the ordinary meeting of Kempsey Shire Council dated 19 May 2020 be confirmed.

Attachments1. 2020-05-19-draft-minutes-r2 [4.1.1 - 22 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:8.1 LOCAL TRAFFIC COMMITTEE - MINUTES 2 JUNE 20209.2 BACK CREEK FORESHORE CARPARK AND OPEN SPACE UPGRADE9.3 STURT STREET, SOUTH WEST ROCKS - TRAFFIC REPORT9.4 COVID-19 PANDEMIC UPDATE9.5 ADOPTION OF 2020-2021 FEES AND CHARGES9.6 MAKING THE RATES AND CHARGES FOR 2020-20219.7 LOAN BORROWINGS9.8 STATEMENT OF CASH AND INVESTMENTS - JUNE 202011.1 LEGAL MATTERS11.2 TENDER FOR THE SUPPLY AND DELIVERY OF BULK FUELS AND LUBRICANTS11.3 TENDER FOR THE SUPPLY AND DELIVERY OF BULK WATER TREATMENT CHEMICALS11.4 AUDIT AND RISK COMMITTEE MEETING MINUTES - 13 MAY 202011.5 STEUART MCINTYRE DAM WATER TREATMENT PLAN PROCUREMENT AND

CAPACITY


7 MAYORAL MINUTES

Nil


8 REPORTS OF COMMITTEES

8.1 LOCAL TRAFFIC COMMITTEE - MINUTES 2 JUNE 2020

Officer Robert Fish, Director Operations & PlanningFile No F19/1958Attachments 1. Draft Minutes of 2nd June 2020 [8.1.1 - 10 pages]

PURPOSEFor Council to adopt the minutes of the Local Traffic Committee meeting held 2 June 2020.

RECOMMENDATIONThat Council notes the minutes and adopts the recommendations of the Local Traffic Committee meeting held 2 June 2020.

COMMENTARYA copy of the minutes of the meeting of the Local Traffic Committee held 2 June 2020 are attached.


9 REPORTS TO COUNCIL

9.1 KEMP STREET SPORTS COMPLEX AND SERVICE CLUBS PARK MASTERPLANS

Officer Steve Pellen, Coordinator Parks ProjectsFile No F19/2507Attachments 1. Kemp Street Sports Complex Masterplan Draft Report [9.1.1 - 33 pages]

2. Kemp Street Sports Complex Masterplan Draft [9.1.2 - 1 page]3. Service Clubs Park Masterplan Draft Report [9.1.3 - 29 pages]4. Service Clubs Park Masterplan Draft [9.1.4 - 1 page]

PURPOSETo provide Council with an update on the Kemp Street Sports Complex and Service Clubs Park Masterplans and present the draft documents for public exhibition.

RECOMMENDATIONThat Council place the draft Kemp Street Sports Complex and Service Clubs Park Masterplans on public exhibition for a period of 28 days.

BACKGROUNDThe initiative to prepare masterplans for the Kemp Street Sports Complex and Service Clubs Park was developed through previous planning work and was formally supported when Council adopted the Macleay Valley Sports Strategy in March 2017. The action to prepare the masterplans was then identified to commence in the 2019-20 Operating Plan.

Amongst other things, the Sports Strategy nominated these sites act as ‘district’ facilities in recognition of the broader planning areas they service and the diversity of the sports involved. The Strategy identified specific improvements required at both sites and subsequently Council has determined that masterplans are necessary to properly plan any upgrades and long term development of the sites. These masterplans were developed simultaneously. Besides timing, a linking factor between these two sites is the current and future location of the athletics track.

As part of the engagement for these projects, the following considerations for the masterplans was identified:

A masterplan, in broad terms, is used to help consult with the community, site specific users, look at current trends and opportunities, deliver a site-specific plan for development of the sites within the current context of Council plans and strategies.

It is important for Council to have robust masterplans in place as they will play a significant role in achieving our community vision: We live in a community that provides opportunity to all, to prosper in an environment that supports well-being, connectedness and access to resources the community wants and needs.

The project methodology is provided below:

Project Preparation

o Project Inception Meeting o Background Review

Site visits and Consultation

o Site Inspections


o Project Control Group Meeting o User Group Design Workshops

Plan Development

o Facility Mix Briefs o Concept Planso Indicative Cost Estimates o Funding Review o Draft Plan Review

Draft Report and Stakeholder Review

o Draft Reportso Internal Review o Stakeholder Review Workshop

Project Finalisation

o Final Reports o Presentation

Two workshops were held with key users and stakeholders. Workshop 1 was held in October 2019 and workshop 2 was held in March 2020. Feedback from workshop 1 helped inform the initial drafting of the masterplan, whilst workshop 2 reviewed the draft and facilitated input into suggested amendments and additions.

Service Clubs Park MasterplanService Clubs Park is located in Kempsey, just west of the main Business District. It is close to both the Verge/Eden Street Sports Complex, which is the key sporting facility in the LGA, and the Kempsey Swimming Pool Complex.

The site is divided into multiple lots which form one property. It is owned by Council and classified as community land. The land is categorised as a ‘sportsground’ and is covered by a generic plan of management. The site is bounded by Forth Street to the north, Stuart Street and commercial buildings to the east, Belgrave Street to the south and Holman Street (and a single residence) to the west. The Kempsey Showground is located immediately south west of Thompson Street.

The Kempsey Local Environmental Plan 2013 identifies that the majority of the site is zoned ‘RE1 – Public Recreation’, which amongst other things enables the following (relevant) development types permitted with consent:

Recreation areas Recreation facilities (major) Recreation facilities (outdoor)

The north eastern corner of the site is zoned as ‘E2 - Environmental Conservation’. This zoning includes objectives related to floodway management and specifically prohibits ‘Recreation facilities (major)’.

Site facility and features observations include:


1. Single grass athletics track (and field event facilities) overlaid with junior cricket oval (synthetic pitch).

2. It is noted that the entire site is affected by flooding. 3. There is some layout conflict between the two sports. The cricket boundary is restricted

by athletics field event facilities and the athletics layout is equally compromised. 4. The large drain running along the eastern edge of the site further restricts the facility

layout and connectivity with the main car park and business district. 5. Small amenities building (in poor condition) is located on the eastern side of the sports

area.6. Single residence is located on Holman Street.7. Playground located in the south west corner.8. Carpark located on eastern edge (primarily to service commercial needs).9. Council’s major sports complex (Verge/Eden Street) is located immediately across

Belgrave Street.An outline of use by each sport is as follows:

Little Athleticso 120 members (mainly juniors)o Friday afternoons and Sundays in summero Other individual and event specific training occurs at various times o With the exception of South West Rocks, the facility is utilised by all schools in

the Kempsey LGA for carnivalso Hosts Macleay Valley Primary Schools Sports Association carnivals

Cricketo Minimal use through junior cricket in summer

The following points provide a brief summary of key site constraints and opportunities:

Constraints:

Flooding affects the entire site o Impact on building options and other large structures

Facility and seasonal overlap between athletics and cricket o Both sports are currently compromised

Current stormwater drain dissecting the site o Restricts layout options and divides the site o Hazard for park users o Limits cricket to junior use onlyo Limits ideal layout of athletics track and field facilities

Opportunities:

Linkages to commercial and other recreational areas Good road network to facilitate multiple access points Suitable land zoning Good natural drainage for most of the site Space around main sports field area for supporting facilities and additional uses

A detailed version of the masterplan and draft reports are shown in the Attachments, and the concept plan is inserted in the report below. A summary of key areas is as follows:


Piping and enclosing the open drain connects key activity areas. Northern and southern event spaces combine with the cricket oval to facilitate large

crowds, placement of portable infrastructure can be kept off the sport playing surface. Community/entertainment events held at northern end (preferable for sun orientation

and stage placement). Exhibition/commercial events held at southern end (preferable for high profile location) Market area (4) positioned in high profile location close to the main carpark. Expanded cricket field (8) that can host senior games with turf pitch which support

cricket event opportunities. Athletics track (9) to be retained until relocated to Kemp Street Sports complex. Running/walking/cycle track with fitness stations connected to existing network.


Service Clubs Park Master Plan


Kemp Street Sports Complex MasterplanThe Kemp Street Sports Complex is located in West Kempsey, less than 1km north of the West Kempsey Business District. As noted previously, it was nominated as a District Facility by the Macleay Valley Sports Strategy. Nearby facilities include the showground which is immediately to the south of the site, a TAFE Campus and railway station.

The site is divided into multiple lots which form one property. It is owned by Council and classified as community land. The land is categorised as a ‘sportsground’ and is covered by a generic plan of management. The site is bounded by residential development to the north, Kemp Street to the east, Thompson Street to the south and the KSC Works Depot to the West. The Kempsey Showground is located immediately south west of Thompson Street. Whilst the Showground is outside the project area, there is some connectivity with the Kemp Street site and adds to the precinct character and amenity.

The focus for this masterplan is the existing sports field area which is currently primarily used for football (soccer) with some rugby training. The site was previously used for baseball and softball. From this, it is noted that field layouts for football are currently restricted by the presence of un-utilised baseball and softball back nets, but the overall set out is generally reasonable. The vast majority of the site is affected by flooding. This has a particular impact on options for large structures/buildings on the site. The site is serviced by multiple vehicle entry and car parking points and has established tree planting along the eastern edge.

The total area of the playing surface areas is approximately 9ha. Other facilities include:

Car parking Some sports lighting

o Relatively good quality (training and local competition level) on Kemp 1 (150+ lux) and 2 (100+ lux)

o Low quality on Rangers fields Amenities buildings

o One shared basic amenities block and storage area for football and other sports o Includes basic gym space o Amenities building for Rangers football, in poor condition and restricted

functionalityThe Kemp Street Sports Complex is one of Council’s largest facilities and has the potential to provide for a range of sports experiencing growth and this, along with its location, define it as a district level facility for multiple sports. To assist in meeting demand, it is intended to increase use of the facility by current and new users experiencing participation growth locally and across the LGA. In order to address the demand for improved quality facilities and to meet requirements for a district facility, the quality and quantity of on and off field facilities at the complex need to be increased.

Three key factors determine the functionality and relative value of sports facilities:

Accessibility – the location of the facility and travel distance for potential participants. Capacity – factors include the number of fields/courts for relevant sports, the number of

hours the facility is available, the ability of the sports surface to cope with demand and the capacity of supporting facilities (e.g. carparks).


Quality – the standard of on and off field facilities in relation to relevant standards, user expectations and other similar facilities.

At best, there are only minimal actions that can be undertaken in relation to the facilities accessibility as this generally relies on external infrastructure. However, both quality and capacity factors can be improved to meet demand. These factors are the key focus of this masterplan.

The following points provide a brief summary of key site constraints and opportunities:

Constraints

Flooding affects all of the site except for the amenities building and Rangers fieldso Impact on building options and other large structures

Water infrastructure on southern edge Proximity to residents to the north Sewer mains run through the site from the sewer pump station in the south and

generally along the alignment of Kemp Street Overhead powerlines run through the site along the alignment of Dangar Street

Opportunities

Un-utilised baseball/softball fields could be used for other sports Baseball training nets could be converted for cricket use Softball canteen could be used by cricket or for gym equipment Cricket NSW support additional facilities to provide for junior cricket and enabling events

to be hosted Cricket pitches between football fields Shared infrastructure between sports (playing areas, amenities and lighting) Rangers fields could have cricket pitch between Potential for athletics to be re-located to Kemp Street to facilitate cricket and other

events at Services Club Park Potential for dog off-lead area to be incorporated

A detailed version of the masterplan and draft reports are shown in the Attachments, and the concept plan is inserted in the report below. A summary of key areas is as follows:

Expanded premier field area in the north-western area for football and cricket of the site incorporating field lighting, new amenities and carparking

Multi use area in the north-eastern area for football, cricket, baseball/softball incorporating lower standard field lighting and cricket nets

Ancillary facilities along the western edge of the site providing for new shared amenities, improved carparking and bus drop off

Area for athletics and football at the southern end of the site, lower standard lighting and a dog exercise area


Kemp Street Sporting Complex Master Plan


KEY CONSIDERATIONSA cost estimate has been prepared for the full implementation of the Service Clubs Park masterplan. The cost estimate for the full implementation of this masterplan is $4,514,798.

In relation to these costs, it is worth noting the following points:

Significant allowances (over $900,000) have been made for sealed carparks. Contingency items amount to (over $700,000), which is more than 20% of construction

costs.A cost estimate has been prepared for the full implementation of the Kemp Street Sporting Complex Masterplan. The cost estimate for the full implementation of this masterplan is $15,882,459.

In relation to these costs, it is worth noting the following points:

The cost plan allows for three new buildings on the site at a cost of $3.6m. This includes replacing the existing amenities.

Significant allowances ($3.2m) have been made for sealed carparks. Contingency items amount to $2.5m, which is more than 20% of construction costs.

Both masterplans were completed concurrently due to the significant impact on Little Athletics. Little Athletics have been fully consulted on the potential relocation and have supported the recommended relocation. It is noted that Little Athletics cannot be moved from Service Clubs Park and relocated to Kemp Street Sporting Complex until a new facility has been completed. The general principle incorporated is that Little Athletics should not be adversely impacted by this proposed change.

CONCLUSIONThe draft Service Clubs Park and Kemp Street Sports Complex masterplans are consistent with the Macleay Valley Sports Strategy. The development of these draft masterplans has included full consultation with the current sporting users of this site and provides for current and future needs for these users. By placing the masterplan on public exhibition for 28 days will ensure a complete process of consultation.

Public exhibition of these masterplan provides Council with the ability to be well advanced with the project development should funding become available through external opportunities.


9.2 BACK CREEK FORESHORE CARPARK AND OPEN SPACE UPGRADE

Officer Dylan Reeves, Manager Infrastructure DeliveryFile No F18/2475/07Attachments 1. Back Creek Concept Design from Back Creek Boating Improvements

Investigation (Royal Haskoning DHV - Endorsed 2017) [9.2.1 - 1 page]2. Revised Concept Design for Back Creek Foreshore in Vicinity of the

Footbridge [9.2.2 - 1 page]3. Revised Concept Design for Back Creek Foreshore in Vicinity of the

Footbridge (with turn around area removed for increased parking) [9.2.3 - 1 page]

PURPOSETo provide clear direction for the redevelopment of the Back Creek foreshore area, by discussing the planning, design and consultation completed to date and selecting a preferred option from the three concept designs attached to this report for consultation purposes.

RECOMMENDATIONThat Council:

1. for the Back Creek Foreshore area in the vicinity of the footbridge, select the revised concept design with turn around area excluded as the preferred option providing for greatest merit and being most suited to the site use, and

2. place the preferred option on public exhibition for a period of 28 days.BACKGROUNDTransport for NSW originally engaged Royal Haskoning DHV to investigate recreational boating needs at Back Creek with the investigation to address several issues including:

Entrance and channel navigability Manoeuvrability of applicable vessels The standard of boat launching facilities upstream of Humpty Back Bridge Balancing the needs of passive recreation users and motorised watercraft Ease of foreshore access Car parking and amenities

Council worked closely with the author of the report who undertook the following activities as part of the investigation:

Initial consultation with Council, community and government agency stakeholders Literature review and familiarisation with the area and its requirements Appraisal of existing environmental conditions Assessment of boating demand, condition of existing boating facilities and site requirements

to meet future needs Identification of concept options for boating infrastructure development Conduct a study into pedestrian/public access connections to the town Identification and costing of further studies, design and construction of the concept options Face-to-face consultation with community stakeholders Finalisation of concept plans

The outcome of the investigation resulted in concept designs for upgrades to both the existing boat launching area and the day visitor area. These two sites are the Boat Ramp (off Gordon Young Drive), and the Back Creek Foreshore (off Buchanan Drive) respectively.


The suggested improvements to the boat ramp area off Gordon Young Drive were addressed in the report and have been funded by Council and a Boating Now grant (Transport for NSW). These works are currently underway.

The suggested improvements to the Back Creek Foreshore area off Buchanan Drive included the creation of dedicated/formalised parking areas, a dinghy (or small water craft) skid near the pedestrian bridge, “all-access” ramp between the carpark and the beach (complete), public amenities (complete) and a turn-around area to cater for large buses.

Council considered the original plan prepared by Royal Haskoning DHV during the April 2017 Ordinary Council Meeting. At this meeting Council resolved the following:

That the draft Back Creek Boating Access Improvements Investigation report be placed on public exhibition for a period of 28 days.

Following public exhibition Council adopted the Royal Haskoning DHV Plan, (see attached), at the November 2017 Ordinary Meeting of Council. At this meeting Council resolved the following:

1. That the final concept plans for the Back Creek Boating Access Improvements be adopted. 2. That survey and detailed design of the proposed improvements be commenced allowing

costs to be determined and potential grant funding sought.Once approved, grant funding was sought, which resulted in $243,466 in funding through the NSW Government’s Stronger Country Communities Round 2 program and $54,727 through the Crown Reserves Improvement Fund for the foreshore area off Buchanan Drive in the vicinity of the footbridge. A small portion of the Boating Now grant is also available for the dinghy skid identified on the plans adjacent to the footbridge. In addition to this Council or alternative funding is required for the works.

Although funding was awarded, concerns or redundancy have been recognised with the Royal Haskoning DHV design in the vicinity of the Back Creek footbridge following internal review. These include:

Accessibility considerations from disabled parking spots (to formalised paths and amenities)

Footpath connectivity Maximising number of parking spaces whilst balancing open space needs Nearby Café development of parking is inconsistent with Royal Haskoning DHV plan Creation of path linkage associated with apartment development from Gregory Street Future maintenance issues built into the design (edging etc required) Carpark area in high value open space area immediately west of footbridge Conflicting open space and carpark uses in area immediately west of footbridge Useability of open space area Extent of area utilised to provide for bus turn around and the associated impact on parking

(considering the likely only very occasional or event based use only) Feedback received during the May 2018 Community Catch-Up at South West Rocks

Arising from this review revised options were developed (see attached) for the area in the immediate vicinity of the footbridge. This review mainly focused on the refinement of parking areas, traffic flow, footpath connectivity and greenspace layout. This alternate option has been developed to solely focus on the foreshore area immediately around the Back Creek footbridge and amenities given planned works in this area. The plan does not include the northern section of the Buchanan Drive Back Creek foreshore area, which identified additional formalised parking, open space and a


vehicle turn around point. There are no current plans to amend the plan for this area (although creation of additional parking opportunities with minor amendment is possible). The Royal Haskoning DHV plans and the revised options are attached.

KEY CONSIDERATIONSThe Back Creek Foreshore area, is listed in the draft 2020-2021 Operating Plan under action C01.1.9:

“Commence project to develop Back Creek foreshore recreational area including amenities, shelters and increased open space”.

All attached options will satisfy this action. It is noted that the amenities have been completed, with remaining work contingent on the completion of the footbridge works. Additional funding to the currently available grant funding is required to complete the open space and carpark works in the vicinity of the footbridge. This funding is expected to be sourced as part of the finalisation of the 2020-2021 Operating Plan. It is noted that carpark works are purely planned to include resurfacing and linemarking and not involve reconstruction of the carpark pavement.

A final decision on the design option for the foreshore area in the vicinity of the footbridge is required to enable work to be undertaken. Parking and the layout of open space areas are a key consideration when comparing proposed options.

A summary of the differences related to parking can be found below. Note parking numbers fronting the existing Café have been omitted from this analysis as the parking in this area is already installed and is not correctly depicted in the Royal Haskoning DHV plan (the revised plans depict this area correctly). Royal Haskoning DHV plans show 8 carparks in this area, however 14 formalised carparks already exist.

Royal Haskoning DHV concept design:

This concept design has allowed for 24 parking spaces, excluding spaces allocated to disabled parking.

Disabled parking has been allocated in two locations as shown, totalling 4 spaces. Note the layout of these disabled parking areas has already changed, as two disabled parking spaces have been installed adjacent to the new amenities. This has been shown on the revised plan.

Revised Concept Design (with turnaround area included):


Disabled parking has been allocated in two locations, totalling 4 spaces, as shown near the recently installed amenities and adjacent to the new footpath crossing of the carpark.

In order to increase parking within this area, the large roundabout at the entrance can be line marked for parking, allowing for current use and still achieving the original requirement for coach access in the future (via linemarking amendment) or for event based needs (via cordoning off).

Revised Concept Design (with turnaround area excluded):


Disabled parking has been allocated in two locations, totalling 4 spaces, as shown near the recently installed amenities and adjacent to the new footpath crossing of the carpark.

It is noted that minor variations to parking in each of the options may be required as part of the detailed design phase.


Stakeholder EngagementStakeholder engagement has been completed throughout the process of developing the Royal Haskoning DHV detailed report and concept designs. Further consultation has taken place since, relating to the Back Creek area as a whole.

The draft investigation undertaken by RMS (now Transport for NSW) for the Back Creek Access Improvements was presented to the April 2017 Council meeting. It was placed on public exhibition for a period of 28 days via the “Your Say Macleay” website.

At the conclusion of the exhibition period there were:

318 Visits to the “Your Say Macleay” website 282 of those visitors are considered “aware” as they clicked on the Back Creek Boating page 168 visitors are considered “informed” as they took some action while on the page The Back Creek Access Improvements documents were downloaded 137 times. Council received 14 submissions on the draft plans

The comments raised through this community consultation process were incorporated into the final Royal Haskoning DHV plan and have been considered in the revised concept designs.

At the May 2018 Community Catch-Up at South West Rocks a facilitated session occurred which enabled participants to provide feedback on Horseshoe Bay and Back Creek plans. Feedback for the Back Creek Foreshore area in the vicinity of the footbridge was largely positive, but included the following key points:

Urgent priority for an amenities block in the area (note amenities now in place) Improve accessibility to/from and within the site Improve disabled access to amenities Desire for configuring enough parking that is well laid out Carparking shown near footbridge could be better used as open space Suitable access for kayaks and paddle boards desired Family friendly BBQ areas with shade available Additional shelters desired Outdoor shower need Entry road (Buchanan Drive) width concern

In developing the revised plans attached to this report these items were considered and addressed where possible. In addition the items (concerns and redundancy) listed in the Background section of this report were also addressed.

It is now proposed to place the Royal Haskoning DHV and revised plans on Council’s Your Say Macleay page for 28 days to provide opportunity for community feedback prior to finalisation of plans and works occurring. This shall outline the preference to proceed with the revised concept design with turn around area excluded, so as to maximise on parking availability at the popular site.

CONCLUSIONThe Back Creek foreshore area has benefited from a long history of community consultation and investment in design review. The options that have been presented in this report are expected to satisfy the requirements of the community and provide for a functional community asset. In order to progress this project to the construction phase, a decision on the preferred option is required with a final opportunity for community feedback on the preferred option.


9.3 STURT STREET, SOUTH WEST ROCKS - TRAFFIC REPORT

Officer Cliff Toms, Investigations EngineerFile No F20/2712/01Attachments 1. Sturt Street, South West Rocks Traffic Management Options Discussion

Paper [9.3.1 - 13 pages]2. Redacted Copy Sturt Street Register of Comments [9.3.2 - 19 pages]

PURPOSEThe purpose of this report is to advise Council in relation to a traffic management issue in a section of Sturt Street, South West Rocks, and to recommend a suitable outcome considering stakeholder engagement and the advice of the Local Traffic Committee.


1. support the recommendation of the Local Traffic Committee meeting 2nd June 2019, and2. add the upgrading of Sturt Street (Hill to Seaview Streets) to a list of unfunded works and

consider the relative priority of the scheduling of the project as part of future updating of long term works programs.

BACKGROUNDDuring early 2019, Council received complaints regarding the issuing of fines by the NSW Police for illegal parking within Sturt Street, South West Rocks, between Pacific & Seaview Streets. The matter was reported to the Local Traffic Committee (LTC) on 5th March 2019 and Council endorsed the following recommendation of the Committee:

Parking problems within Sturt Street, South West Rocks, and more generally within the LGA be brought to the attention of NSW Police.

Council staff followed up with NSW Police and communicated with residents, the outcomes of discussions with NSW Police. Residents were advised Council has no control over the issue of road rule related fines issued by NSW Police. As a result of the ongoing communications and complaints, Council staff agreed to investigate interim measures to improve traffic conditions in Sturt Street.

Interim traffic management options were investigated, and outcomes reported to 3rd December 2019 meeting of the LTC. Council endorsed the following recommendation of the Committee:

The Committee support in principal for further community and key stakeholder consultations, the traffic management options listed in the attached draft Sturt Street South West Rocks – Traffic Management Options Report.

This report referred to above is attached.

Consultations with the community and stakeholders commenced during late March 2020. Community responses (see attached) have been assessed and the matter was further reported to the 2nd June 2020 meeting of the LTC. The Committee recommended for Council consideration as follows:

The Committee support Option 1 (Do Nothing) and recommend Council continue to monitor traffic and parking behaviour in Sturt Street and determine as required the need to revisit the options identified in this report and/or any other action considered necessary.


KEY CONSIDERATIONSThe section of Sturt Street subject of this report is formed by a variable width bitumen sealed pavement. The street currently caters for a two-way traffic flow, with adjoining properties having direct access to the street from their respective driveways. The street is formed with layback kerb and guttering between Pacific and Seaview Streets. The section between Pacific and Hill Streets has no kerb and guttering. The existing formation has very limited capacity to cater for two-way traffic flows and on street parking. Because of the limited road surface width, residents' and visitors often park on the footway area of the road reserve when parking provisions within individual properties are exhausted. The parking problem becomes more evident during holiday seasons. It is noted that due to grade over this length the footway area of the road reserve is largely unsuited to pedestrian activity.

Council staff identified six (6) interim traffic management options considered worthy for further consultation with residents and the local community. The options identified are discussed in detail in the attached – Sturt Street South West Rocks Traffic Management Options Discussion Paper. The options are summarised as follows.

Option 1 - Do nothing until Council can fund road carriageway widening and other associated works

Option 2 - Time limited parking controls prohibiting on street parking during peak morning and evening traffic flows

Option 3 – On street parking bays at suitable intervals Option 4 – One-way traffic flows, northbound only Option 5 – One-way traffic flows, southbound only Option 6 – Closure of Sturt Street, immediately south of its intersection with Seaview Street.

Consultations with the community and stakeholders commenced during late March 2020. Further discussion on the consultations is provided under the Stakeholder Engagement section of this report. The technical merits of each option were reported to the 2nd June 2020 meeting of the Local Traffic Committee and are summarised in the following table.

Compliance with Technical Standards

Safety Benefits

Traffic Function

Enforcement Amenity Cost

Option 1 Not applicable No change Retains existing function & constraints

No change No change NIL

Option 2 Compliant with AS 1742 & 1743

Minor reduction of road user conflicts

Minor improvement to through traffic efficiency

Heavy reliance on additional enforcement

Moderate impact by signs

<$5,000

Option 3 Compliant by design specifications and AS 1742 & 1743

Moderate reduction of road user conflicts

Moderate improvement to through traffic efficiency

Moderate reliance on additional enforcement

Moderate impact by signs

$<200,000



Significant reduction of road user conflicts

Moderate reduction of through traffic efficiency

Minor reliance on additional enforcement

Minor impact by signs

<$5,000



Moderate reduction of through traffic efficiency

Minor reliance on additional enforcement

Minor impact by signs

<$5,000

Option 6 Compliant by design specifications and AS 1742 & 1743


Significant reduction of through traffic efficiency

No change Minor impact by signs

<$250,000

The Local Traffic Committee concluded as follows:

The Committee recognises the benefits of all options and discounted consideration of Options 3 & 6 on the understanding Council is unlikely to fund these options in the short term. The Committee considered Options 4 & 5 have merit , however, support the Do Nothing Option on the basis Council plan as part of its future works programs the upgrading the subject section of Sturt Street, to be compliant with appropriate design standards for the traffic function intended.

Policy and LegislationThe Sturt Street traffic investigations, review and reporting have generally been carried out in accordance with the principal objectives of Councils Road Policy (3.1) and Asset Management Policy (3.4).

Council has in accordance with the provisions of the Transport Administration Act 1988 delegated authority to regulate traffic, provided the advice of the Local Traffic Committee on a proposed regulatory measure is obtained.

Council as a Road Authority may also regulate traffic in accordance with the provisions of the Roads Act 1993.

Strategic AlignmentThe Sturt Street investigations align with Councils overall Strategic Vision for a Safe and Connected Community by maintaining infrastructure and engaging with the community. The investigations have been undertaken in spirit of our Corporate Vision to lead and work with our community.

Impact on Financial SustainabilityThe traffic management options identified as part of the investigations have a range of financial implications for Council. Options 2, 4 & 5 could be funded from current Operational budgets, however, Options 3 and 6 would require specific project allocations as part of future Operational Plans. Upgrades of Sturt Street to service existing and expected traffic growth, parking and pedestrian movements is estimated to cost in the vicinity of $1 million. Funding of upgrades would need to be planned as part of Councils Long Term Financial and Asset Management Plans. It is noted that Councils road programs in long term plans largely target pavement rehabilitation works.

Stakeholder EngagementConsultations with the community and stakeholders commenced during late March 2020, generally in accordance with the following program:


9th March 2020 Establishment of social media sites 12th March 2020 Media Release and commencement of exhibition period 19th March 2020 On-site Information Stall 30th April 2020 Close of submissions May 2020 Review and assessment of submissions

The exhibition material included the Sturt Street Traffic Management Options Discussion Document, a community survey and a flyer summarising how and where the community can “Have their Say”.

Community responses were received via the on-line survey proforma. A few responses were received in hard copy. It is to be noted 87 submissions were received and reviewed under the following groups.

All submissions (87) Locality (37) those residing within Sturt and adjoining streets Sturt Street (17) residents only

The responses are summarised in the following table. Details of the responses are provided in a spreadsheet attached to this report.

Option 1 Option 2 Option 3 Option 4 Option 5 Option 6

All Respondents

Definitely Agree

18 11 21 14 12 9

Somewhat Agree

5 14 6 7 15 8

Undecided 8 10 8 5 4 7

Somewhat Disagree

6 14 13 13 7 5

Definitely Disagree

43 30 32 43 38 52

Locality Respondents

Definitely Agree

14 6 9 8 10 5

Somewhat Agree

1 4 2 3 6 2

Undecided 2 4 3 1 1 1

Somewhat Disagree

0 7 7 3 2 4

Definitely Disagree

17 13 14 20 16 23


Sturt Street Respondents

Definitely Agree

5 5 1 4 5 4

Somewhat Agree

2 0 0 1 3 1

Undecided 0 1 0 0 0

Somewhat Disagree

0 2 3 3 2 0

Definitely Disagree

8 6 10 7 5 9

It is noted that “all respondents” have indicated a significantly higher level of disagreement than agreement with all options. All respondents appear to favour Option 3 (On street parking bays) slightly above Option 1 (Do nothing). Locality respondents appear to favour Option 1 and have also indicated a higher level of disagreement than agreement with all options. Sturt Street residents do not indicate a strong preference for any Option, however, have indicated Option 3 as clearly the least favoured option. Based on the responses from all groups Option 1 (Do nothing) is arguably the preferred option from a community perspective.

Most responses provided additional comments, with the most consistent comments quoted as follows.

Ideally would like a proper upgrade with widening of the road and footpaths Option 4, 5 and 6 will affect Seaview St as the street is not wide enough to take two-way

traffic and the amount of traffic will increase if any of those options are put into place Parking bays would be a good idea because it would provide a place to park outside your

house or holiday house It appears that this issue has been highlighted by Sturt St residents being booked by police

for unintended but illegal parking. According to police this practice has, and will be, discontinued.

Option 4 seems cost effective. At least worth a trial before spending lots of $$ on construction of parking bays or closures.

Strongly against parking controls for the nominated section of Sturt St as most of the parking problems are concerned with the northern section between Pacific and McIntyre Streets.

CONCLUSIONAll options (apart from Option 6) have been identified as “interim” options until Council is able to fund upgrading of the subject section of Sturt Street. With the growth of South West Rocks traffic volumes will increase, placing an increase in demand for Sturt Street to operate as a through road primary connector between the town centre and the southern precincts.

Given the community feedback did not provide a clear indication for a preferred option, and having regard to the Local Traffic Committee advice, it is recommended that the “Do Nothing” option be supported and Council continue to monitor traffic and parking behaviour and determine as required the need to revisit the options identified in this report or any other action considered necessary.


Council can list for consideration of future funding the upgrade of Sturt Street (Hill to Seaview Streets) as part of its adoption of future Operational Plans and associated rolling works programs.


9.4 COVID-19 PANDEMIC UPDATE

Officer Stephen Mitchell, Director Corporate and CommercialFile No F20/2701Attachments Nil

PURPOSETo provide a further update for the community of actions taken by Council in response to the COVID-19 (Coronavirus) pandemic.

This report provides an update on:

The current status of Council services; The actions taken, and those proposed, to minimise the impacts of COVID-19 on residents,

businesses and the broader economy of the Kempsey local government area; and The financial impacts of COVID-19 on the Kempsey Shire Council organisation.


1. note the information included in this COVID-19 Pandemic Update report, and2. note the economic development and procurement initiatives to support local businesses

that are outlined within this COVID-19 Pandemic Update report.BACKGROUNDCOVID-19 was declared a worldwide pandemic on 11 March 2020.

COVID-19 has had a major impact on the Australian economy and local government is not immune, with many services impacted and facilities closed. Consistent with impacts to the broader economy, COVID-19 has had a material financial impact on Council, most notably as a result of a reduction in revenue generated by Council’s Macleay Valley Coast Holiday Parks.

At the same time, Council is supporting its local economy and community and has implemented a range of relief measures to support the community during the pandemic.

Reports were made to the Ordinary Council meetings of 17 March and 21 April 2020 outlining Council’s response to the COVID-19 pandemic. This report provides a further update.

KEY CONSIDERATIONSCouncil ServicesSince the last COVID-19 report to Council at the 21 April 2020 Ordinary Council Meeting, there has been an easing of restrictions in NSW resulting in the reinstatement of a number of Council services and operations.

As was reported to Council previously, the COVID-19 pandemic was classified as a declared event and Council’s Business Continuity Plan (BCP) has been enacted. Council’s Continuity Management Team (CMT) continue to meet regularly to consider and respond to the impacts of COVID-19. Additionally, the following measures have been put in place to monitor and manage the COVID-19 situation:

The Executive Leadership Team (ELT) continues to meet daily and the Senior Leadership Team (SLT) weekly to agree the latest actions in relation to the COVID-19 situation.


Close monitoring of information and directives from the NSW Office of Local Government; NSW Health; NSW Police; Commonwealth Department of Health; NSW Government and Australian Government.

Staff have been provided with NSW Health approved guidelines to promote good hygiene practices and social distancing arrangements are in place.

Providing timely, relevant and authoritative sources of information on the latest restrictions/service changes to staff and community members, including regular staff updates by the General Manager, and the distribution of media releases and updated social media platforms.

Strict media guidelines have been implemented as part of the Business Continuity Plan to ensure only authorised staff provide media comment for consistency and accuracy of the latest information.

Staff involved in emergency management have been participating in discussions and planning at a regional and local level, and monitoring daily updates provided via the State Emergency Operations Centre.

Advice from the NSW Government and compliance with Public Health Orders (PHO) continues to be followed with safety measures in place to protect staff, volunteers, and visitors to our facilities.

Council has modified business and workplace practices to effectively manage the COVID-19 restrictions whilst ensuring the ongoing provision of essential services to the community.

Council’s Continuity Management Team (CMT) have assessed services as PHO’s have been amended. The table below provides an update on the current status of Council services:

Service Status: Hours / Restrictions

Customer Service Centre Customer Service Centre is open from 10am-2pm, Monday, Wednesday and Friday. Enquiries continue to be answered daily over the phone and through email.

Libraries Libraries have reopened for borrowing only from 1 June 2020. Kempsey Branch Borrowing between 10am-2pm 'Click & Collect' from 2-4pm Number of customers permitted at one time: 20.

South West Rocks Branch Borrowing between 10am - 1pmNumber of customers permitted at one time: 3

Stuarts Point BranchBorrowing between 10am - 1pmNumber of customers permitted at one time: 2

Waste Management Full services recommenced from 1 June 2020


Holiday Parks All five Macleay Valley Coast Holiday Parks reopened from 1 June 2020

Crescent Head Foreshore Reopened to the public from 1 June 2020

Sportsfields Bookings for training permitted from 1 June 2020

Skateparks / Playgrounds / Outdoor Gym Equipment

Reopened with hygiene signage in place from 15 May 2020

BBQ’s /Shelters Usage permitted with hygiene signage in place where practical from 15 May 2020

Beach Showers Operational with water reconnected from 15 May 2020

Public Toilets Reopened where associated activities/area usage requires from 15 May 2020

Macleay Valley Community Art Gallery *

Currently remains closed

Community Halls * Currently remain closed

Visitor Information Centres * Currently remain closed

* These services will be further considered at Council’s CMT meeting on 11 June in light of recent announcements regarding the lifting of restrictions relating to these services.

Ongoing Services Council’s Infrastructure Delivery and Water and Sewer teams continue vital upgrade and

maintenance works to our road, bridge, water and sewer networks, albeit under COVID-19 Work Guidance Protocols implemented on 31 March, to ensure the safe provision of critical services to the community.

Kempsey Saleyards and Kempsey Airport continue to operate under strict guidelines to ensure essential business operations can continue. Measures have been put in place to ensure social distancing and good hygiene practices are observed.

Workplace Arrangements In line with the PHO and the Prime Minister’s continued message to work from home where

possible, staff are continuing to do so with approval from their Manager. Our Operational teams are not able to work from home and we have taken measures to

ensure staff are as safe as possible while continuing to provide critical services to the community. We have looked at the vehicles, workplace arrangements and how to minimise the interactions and risks posed by people travelling together or at worksites that might not allow for appropriate physical distances. Effective 31 March, Work Guidance Protocols were provided to all staff in the Infrastructure Delivery and Water and Sewer teams to ensure the health and safety of staff and the ongoing viability of Council operations.

The General Manager continues to provide regular updates to staff on Council’s decisions and actions in response to COVID-19.

Two all staff surveys have been undertaken (one in April and the other in May) to assist Council’s ELT to understand how staff are managing with COVID-19 restrictions, changes to work arrangements and how Council can continue to support staff during this time. The


latest survey also gathered critical information that will assist in the development of future workplace arrangements.

A COVID-19 Pandemic Response - Return to Normal Business Operations procedure has been developed that defines the minimum requirements and additional control measures that will exist to ensure the safety of Council’s employees as current state government COVID-19 restrictions are lifted and workers return to their worksite locations or standard work practices.

Council opted in to be a party to the new Local Government (COVID-19) Splinter Award 2020 (“Splinter Award”) prepared by LGNSW. The Splinter Award was developed to assist member councils, who choose to opt-in, with managing the workplace relations / human resources management issues associated with COVID-19. The Splinter Award assists in preserving Local Government jobs by affording employers greater flexibility to provide suitable alternative duties to employees that are unable to perform their regular duties due to Health Orders by the State or Commonwealth Governments relating to COVID-19. Given the easing of restrictions and the reopening of council services as noted above, Council has not had to utilise these clauses of the Splinter Award.

Economic DevelopmentCouncil’s Economic Development and Tourism team have actively provided support to the tourism, business and agriculture sectors of our community during the COVID-19 pandemic. Regular newsletters containing relevant and accurate information have been distributed across these sectors.

Additionally, the following actions have also been undertaken to provide economic development support during the pandemic:

Proactively contacted business owners to provide support in accessing government or financial assistance.

Proactively encouraged business owners to connect with support services and professional networks.

Developed a Tourism Toolkit to help businesses manage the changing circumstances as one of the most impacted of our industry sectors.

Encouraged a #shoplocal and #supportlocal campaign Relaxed some regulations in order to support business activity to operate in a new way.

A number of other initiatives have been identified to assist the Local Government Area (LGA) and the community to recover from the impacts of COVID-19. With a focus on “recovering together”, Council is prioritising the following initiatives:

1. Infrastructure ProgramCouncil has focused on developing a strong infrastructure program for the coming year, as outlined in the draft 2020-21 Operating Plan. This program includes both major infrastructure projects, as well as, a high proportion of smaller projects that can be undertaken and completed quickly and provide the type of stimulus our local economy needs. Additionally, accessing federal and state government grant funding opportunities will provide additional stimulus to further drive local economic recovery outcomes.

2. Development ApplicationsCouncil is fast-tracking a new online development lodgement and assessment program (“Greenlight”) to help stimulate our residential and commercial sectors. Greenlight will


significantly streamline the development application process by moving the application process on-line. Customers will be able to:

Lodge planning certificates, development applications and constructions certificates, amongst other forms and certificates, on-line;

View and track their applications on-line and receive automatic updates at various application stages; and

Make payments on-line for a wide range of applications.It is anticipated that Greenlight will be launched in the first quarter of the 2020-21 financial year.

3. Tourism CampaignsCouncil is preparing a new marketing campaign to invite travellers into the region, and especially to some of our less populous areas. It is an inspirational campaign designed to bring visitors into our smaller communities. Our region is emerging from the ‘dreaming about us’ phase into ‘now’s the time to drop in’ as depicted below. This campaign will commence in July.

4. Strengthening AgricultureCouncil will be conducting a program of training and mentoring for agricultural producers across the valley and across all sectors of the industry. This program is designed to strengthen the business behind the farm and develop programs and strategies for resilience.

5. ProcurementAt the 21 April 2020 Council meeting (resolution 2020.53 item 4(d)) it was resolved to:

Increase the Local Preference Purchasing Procedure notional price offset from 5% and a maximum of $25,000, to 10% and a maximum of $50,000 for the period to 30 June 2021.

The changes to the notional price offset as part of the Local Preference Purchasing Procedure have now been implemented.

Council is also in the process of implementing a range of procurement initiatives to assist local business in their recovery from COVID-19. These initiatives include:

Implementing a new technology enabled procurement solution (“eProcure”) that creates a marketplace for Council’s suppliers that is automated, easy to use and makes doing business with Council easier. Further information regarding eProcure can be accessed at https://www.eprocure.com.au/). eProcure provides the following benefits to Council’s suppliers:

https://www.eprocure.com.au/


o Free and easy registration for all supplierso Streamlined quotation / tendering process that is work-flowed with easy to follow

on-line instructionso Reduced paperwork and duplication of processes (i.e. suppliers can easily maintain

their profiles on-line which reduces the need to resupply information each time they are responding to a request for quote or tender)

o Improved transparencyo Sourcing analytics – the system will capture data that will assist in building local

market capacityo Easier access for local suppliers

Connecting with local businesses through supplier forums and the provision of greater information on Council’s current and future procurement activities

Longer term procurement planningAdditionally, the implementation of Council’s adopted Economic Development and Tourism Strategy and Destination Marketing Plan will be critical to boosting economic activity and employment options within the LGA.

Council’s COVID-19 focused recovery actions will be overseen by Council’s internal Recovery Program Working Group. The Recovery Program Working Group is chaired by the General Manager and was established to ensure Council’s Recovery Program, in response to recent bushfire and drought events, is holistic, targeted and relevant to community needs. The terms of reference for this group will be extended to include COVID-19 recovery actions as noted above.

Community DevelopmentCouncil staff continue to work closely with the community services sector to provide advice and guidance regarding delivery of the many support services within the Macleay Valley community.

Council’s Community Partnerships Team has continued to stay in touch with our community through our online engagement portal, Your Say Macleay, social media posts and media releases. This engagement continues to support an informed community and provides the opportunity for our residents to have a say on the decisions Council is making.

Policy and LegislationCouncil continues to operate in accordance with all relevant policies and legislation and in compliance with government directives and Public Health Orders.

Strategic AlignmentNot applicable.

Impact on Financial SustainabilityCOVID-19 has had, and will continue to have, significant economic and financial impacts globally. These impacts have been seen with numerous individuals and businesses adversely impacted both domestically and locally.

As noted in the 21 April 2020 COVID-19 report to Council, Council is not immune to these financial impacts, with sizeable revenue impacts having already occurred in relation to Council’s five (5) Macleay Valley Coast Holiday Parks. The financial impact of the holiday parks being closed for the past two months is still being quantified, but the reopening of the holiday parks from 1 June 2020 will mean that the impact will be less than the $750k impact estimated in the April report. Since the easing of restrictions in relation to domestic travel, holiday park bookings have been strong with high occupancy over the June long weekend and future bookings increasing. Council staff will


continue to work closely with ATPM, the contracted manager of the Macleay Valley Coast Holiday Parks, to minimise the financial impacts on the holiday parks going forward.

To date, Council has not experienced a material impact in relation to the collection of rates and charges with financial year to date collections being slightly better than the corresponding period last year. As at the end of May, 89.7% of the nett levy and arrears had been collected, compared to 85.4% last year. This indicates that Council is on track to not only meet the ‘Rates and Annual Charges Outstanding % rate’ benchmark of 10% for the 2019-20 financial year but continue to achieve a collection rate in line with its historic performance of under 6%. While collection performance and therefore, cash flow appear to have not been significantly impacted to date, there is a risk that collections in the 2020-21 financial year could be impacted once the next year’s rates notice instalment is issued towards the end of July. Consequently, cash flow will continue to be closely monitored and managed.

Council’s Hardship Relief Committee has been meeting weekly to consider requests for hardship relief in accordance with Council’s adopted Hardship Relief policy and the Council resolution from 21 April 2020. At the time of writing this report less than 10 requests for hardship relief had been received.

At the 21 April 2020 Council meeting (resolution 2020.53 item 4(g)) it was resolved that:

A report be provided to a future Council meeting no later than September 2020 that details the financial assistance provided as a result of the initiatives included within this resolution and includes a recommendation for any further financial assistance should this be deemed necessary.

In accordance with this resolution, a report will be provided to a future Council meeting prior to September 2020 that addresses this resolution and provides a more detailed assessment on the financial impacts of COVID-19 on the Council organisation.

Stakeholder EngagementNot applicable.

Other MattersNot applicable.

CONCLUSIONCOVID19 has had significant impacts on not only the residents and businesses of the Kempsey local government area but also the Kempsey Shire Council organisation. This report provides a further update on the impacts of COVID-19 and the actions that have been taken by Council in response.

Additionally, this report provides an overview of a number of actions which have already, or are in the process of, being implemented to provide the necessary support to the residents, businesses and community groups of the Kempsey Shire.


9.5 ADOPTION OF 2020-2021 FEES AND CHARGES

Officer Ron Wood, Chief Financial OfficerFile No F19/2079Attachments 1. FINAL 2020-21 Fees & Charges [9.5.1 - 95 pages]

2. Fees & Charges Submissions [9.5.2 - 9 pages]

PURPOSEThis is an administrative report to adopt the Schedule of Fees and Charges for the 2020-2021 financial year following public exhibition, consideration of submissions and internal review.

RECOMMENDATION1. That council adopt the Schedule of Fees and Charges for 2020-2021 (as attached); and2. That the fees for Companion Animals be updated in accordance with the Office of Local

Government circular when issued.BACKGROUNDThe draft Integrated Planning and Reporting (IP&R) documents, including the Schedule of Fees and Charges, were placed on exhibition for 28 days following a resolution of the 21 April 2020 Ordinary Council meeting. The exhibition period closed on 22 May 2020 with three (3) submissions related to fees and charges.

The Local Government Act 1993 and associated regulations require the adoption of Fees and Charges each financial year as part of its revenue policy.

Council delivers a wide range of fees and chargeable services to the community. In determining the appropriate level of fees to be charged, a range of issues are considered such as what is fair and equitable, and how much the service costs to provide. These factors are detailed in Council’s Revenue Policy and in the 2020-21 Schedule of Fees & Charges, in accordance with the Operational Plan requirements of Section 405(2) of the Local Government Act and its regulations.

The attached 2020-21 Schedule of Fees and Charges includes a listing of all proposed Council fees and charges.

KEY CONSIDERATIONSUnder normal circumstances, the Schedule of Fees and Charges would be adopted at the same time as Council’s full suite of IP&R documents, including the Revenue Policy. Given the impacts of the COVID-19 pandemic, the timeframe for the adoption of IP&R documents was extended by a month to allow councils additional time to prepare their 2020-21 Operational Plan and Long-Term Financial Plan (LTFP). Consequently, NSW councils have until 1 August 2020 to adopt their IP&R document suite.

While Council is availing itself of this option to defer the adoption of its Operational Plan 2020-21 and LTFP until the 28 July 2020 Council meeting, the preference is to adopt the Schedule of Fees and Charges prior to 30 June 2020 so that that these fees and charges can take effect from 1 July 2020.

As noted above, Council received three (3) submissions pertaining to the Schedule of Fees and Charges 2020-21. Two of these submissions related to airport fees & charges and one to sewer access charges for multi-dwellings. A summary of these submissions and Council’s response is summarised in Table 1 below. No changes to the Schedule of Fees and Charges were made a result of these submissions. However, some changes have been made to the final Schedule of Fees and Charges as a result of internal staff review sine the 21 April 2020 Council meeting. These proposed internal changes have been summarised in Table 2 below.


Copies of the submissions are included as an attachment to this report. It should be noted that one submission relating to airport fees and charges was submitted on a confidential basis and therefore, has not been attached to this report.

TABLE 1: Public Submissions

Section Submission issues raised Council response

Section 3 Aerodrome Queried why there are no landing fees for aircraft going for maintenance yet other airport related fees exist.

Suggested that users paying an annual usage fee should get a refund, due to impacts of smoke from fires, flood, wind and COVID-19.

Stated that landing fees deter people from using the airport and the passenger charge for RPT is too high.

Kempsey Airport operates at a significant annual financial deficit. Council recognises the broad community benefit the airport provides in terms of enabling aeromedical and aviation firefighting services to operate in the region. However, it is important that commercial and recreational aircraft operators utilising the airport do so on a user pays basis to ensure ratepayers are not subsidising these activities.

In response to the COVID-19 pandemic, Council has identified a number of mechanisms to assist local businesses, including hardship relief, which were presented to, and endorsed at, the 21 April 2020 Council Meeting. Individual businesses operating from a Council facility and which meet the eligibility criteria may make application to Council for COVID-19 hardship relief.

It is standard industry practice for RPT services to be negotiated via a commercial agreement that takes into account the broad economic benefits that the service would provide to the community. It is important that the RPT rate is included in the published fees and charges in order to recognise the base value for negotiations.

Section 3 Aerodrome Aircraft movement charges are too high and uneconomical for commercial operators.

Suggested an alternate user charge structure that is

Kempsey Airport operates at a significant annual financial deficit. Council recognises the broad community benefit the airport provides in terms of enabling



calculated on landings only and which has a maximum chargeable number of landings in an hour (three) and which is capped at a mutually agreed number of annual landings.

aeromedical and aviation firefighting services to operate in the region. However, it is important that commercial and recreational aircraft operators utilising the airport do so on a user pays basis to ensure ratepayers are not subsidising these activities.

Council’s third-party provider for Airport movement charges advised that there is no standard industry practice when it comes to charging for circuit training and it is up to individual airports to determine their pricing structure.

The Council Resolution from 25 June 2019 clearly outlines that pilot training organisations who cannot demonstrate that their activities achieve an overall benefit to the community through the Quadruple Bottom Line methodology, will be charged the published rate in accordance with the Kempsey Shire Council’s Schedule of Fees and Charges.

Section 1. Ordinary Rates, Water and Sewerage Charges

Stated that the Sewer Access Charge for multi-dwellings with one owner on the one site are excessive and unfair.

Stated that the charges for three neighbouring councils are half or less when compared to the proposed KSC charges for 2020-2021 (attached submission includes examples and calculations)

Requested Council restructure the charges for Sewer Access Fees on multi-unit dwellings on the one site with one owner.

Water & Sewer fees and charges associated with providing and maintaining water and sewer services for the community are reviewed annually. The review process considers various methods to levy charges for water and sewer services. Alternative methods to levy charges pose issues which require additional systems and monitoring to fairly levy these charges which, in turn, increases the costs associated with providing water and sewer services for the whole community.

Multi-dwellings with one owner still provide for the same loading on Council’s sewer system as if they were in separate ownership. As a



result multiple sewer access charges are applied per the Fees & Charges schedule.

It is noted that sewer charges vary between Council areas based on their individual circumstances related to the cost to provide sewer infrastructure and services. Given the Kempsey Shire has significant works planned for sewage infrastructure across the Shire, this accounts for the high charge required over the coming years.

TABLE 2: Internal Changes

Section Draft details Changes proposed


Section 1. Ordinary Rates, Water and Sewerage Charges under sub section Late Payment of Water, Sewer &/or LTW Consumption Accounts & Disconnections

Altered Interest Rate of 7.50% TO 0.00% for 1/7/20 to 31/12/20 and 7.00% from 1/1/21 to 30/6/21 as per OLG Circular



Added a $ symbol to the Ad Valorem charge

Section 3 Aerodrome Section 3. Aerodrome under sub section Aircraft Movement Charges Fee “Aircraft Movement – weight-based movement charge”

Exemption Narration altered from “One (1) nominated aircraft per hanger lease” TO “One (1) nominated aircraft per hanger lease (Note: this excludes terminal building lease)”

ADDED the following to the end of the Exemptions:

“Note: Exemptions do not apply to organisations and/or aircraft operators undertaking pilot training”

Above changes were made to clearly articulate fees and charges and are in accordance with current practice



Section 10. Development

Section 10. Development sub section K. Other Development Related Fees and Charges

Altered “Registration of Principal Certifying Authority notification” TO “Registration of Subdivision Works Certificate” in accordance with Legislation

Removed “Registration of Compliance Certificates” – Council are unable to charge this in accordance with Legislation.

Section 11. Dog/Cats Fee not included in Draft document

New fee added under the Companion Animals Act relating to an Annual Permit fee of $80.00 for Entire (not desexed) cats. This fee is in addition to their lifetime registration fee.

Fee included due to advice from the OLG received by Council on 5 June 2020.


New fee added under the Companion Animals Act relating to an Annual Permit fee of $195.00 for Owners of dogs of a restricted breed. This fee is in addition to their lifetime registration fee.



New fee added under the Companion Animals Act relating to an Annual Permit fee of $195.00 for Owners of dogs declared to be dangerous. This fee is in addition to their lifetime registration fee.




Section 12. Waste Management & Tipping Fees

Waste Management & Tipping Fees under sub section Tipping Fees, Hazardous/Special Wastes, Asbestos (Bonded Only) – Special Burial – Minimum

Unit of measure changed from 1m2 to 1m3


Waste Management & Tipping Fees under sub section Tipping Fees, Items Exempt From Tipping Fees – Subject To Approval & Quality

For Clean cardboard, paper, glass bottles, jars & cans ADDED – “Domestic Quantities”



CHANGED “Household Chemical and Paint” TO “Household Chemicals and Paint”



Have included a narration under subheading advising – “Items able to be disposed of at the Community Recycling Centre (CRC) are indicated below with the CRC abbreviation.”

The CRC abbreviation added to

Used engine oil Metals (sorted, ferrous/non-

ferrous) Polystyrene Printer Cartridges Fluorescent lighting Gas Bottles Smoke Alarms Batteries Household Chemicals and Paint


Waste Management & Tipping Fees under sub section Tipping Fees, Small Loads

Sub Heading name altered from “Recycling” TO “Recyclables”


Waste Management & Tipping Fees under sub section Tipping Fees, Small Load, Recyclables

Altered “Commercial Recycling Loads” TO “Commercial Loads of Recyclables”

Section 16. Interest on Rates & Charges

Section 16. Interest on Rates & Charges

Altered Interest Rate of 7.50% TO 0.00% for 1/7/20 to 31/12/20 and 7.00% from 1/1/21 to 30/6/21 as per OLG Circular



Section 34. Tourist Parks & Camping Reserves

Section 34. Tourist Parks & Camping Reserves sub section Crescent Head Holiday Park

Under New 2 Bedroom Cabins & New 2 Bedroom Access Friendly Cabins Altered description to state 2 BR Cabin sleeps 6 TO 4-6

Policy and LegislationThe relevant legislation applicable to fees and charges is:

Local Government Act 1993 Section 405 – Operational Plan Local Government Act 1993 Division 1 Council fees – general, Sections 607A-610 Local Government Act 1993 Division 2 Council fees for business activities, Sections 610A &

610B.Strategic AlignmentThe Schedule of Fees and Charges 2020-21 align with Council’s long-term strategic focus on financial sustainability.

Impact on Financial SustainabilityCouncil is working towards achieving a more financially sustainable position. The setting of appropriate, cost reflective fees and charges is a key aspect of achieving the goal of financial sustainability.

Council has identified the need for a further review of certain fees and charges (including their pricing methodologies) to ensure that these are appropriate and cost reflective. This review aligns with Council’s Financial Sustainability Strategy and will entail further analysis and benchmarking and will be incorporated into the 2021-22 Schedule of Fees and Charges.

Stakeholder EngagementThere were a series of community engagement actions undertaken as part of the public exhibition period to promote the opportunity for the community to have a say on the draft IP&R documents, including the Schedule of Fees and Charges for 2020-21.

This included promotion on:

Council’s Your Say Macleay site Council website Dedicated items in the Mayors column Media promotion via media releases combined with a significant social media campaign to

promote the IP&R document suite and the opportunity to comment; and Direct messages through Council’s community newsletter.

There were over 1,000 visits to Council’s Your Say Macleay and 539 downloads of the draft 2020-21 IP&R documents. This resulted in three (3) submissions related to Fees and Charges as noted above.


CONCLUSIONCouncil exhibited its suite of IP&R documents, including the Schedule of Fees and Charges, as required under the Local Government Act 1993 following the Council resolution from the 21 April 2020 Council meeting.


Three (3) submissions regarding fees and charges were received, and these have been considered in the final Schedule of Fees and Charges attached to this report for Council adoption. Additionally, a number of other changes to the Schedule of Fees and Charges have been recommended following internal review of the documents by Council staff.

It is recommended that Council adopt the Schedule of Fees and Charges for 2020-21. Adoption of the Schedule of Fees and Charges as attached will allow Council to charge these fees and charges from 1 July 2020.


9.6 MAKING THE RATES AND CHARGES FOR 2020-2021

Officer Ron Wood, Manager Financial ServicesFile No F12/1859Attachments Nil

PURPOSETo make Council’s Rates and Annual Charges for the 2020/21 financial year.

RECOMMENDATION1. That whereas Council has given public notice of its Draft Operational Plan for the year

2020/2021 it is now resolved:

a) That in accordance with Section 494 of the Local Government Act 1993 Council makes the Base Amount plus Ad valorem amount of the ordinary rate as set out hereunder for the various categories of all rateable land in the area for the year commencing 1 July 2020:

Category Base amount

$

%

S500 LG Act

Plus Ad valorem

$

Farmland 641.00 29.96 $0.004733

Residential 591.00 49.97 $0.003959

Business – Other 630.00 26.98 $0.008909

Business – Urban 694.00 21.99 $0.010833

Environmental Levy

12.00 21.10 $0.000264

b) That in accordance with Section 496 of the Local Government Act 1993 Council makes the following annual charges for the Domestic Waste Management Service for the year commencing 1 July 2020:

Category Charge per Annum ($)

Domestic Waste Charge (Standard Service) 403.00

Domestic Waste Charge (Small Service) 351.00

Domestic Waste Charge (Standard Service with 360L Recycle)

413.00

Domestic Waste Charge (Small Service with 360L Recycle)

361.00

Domestic Waste Management Charge – Vacant Residential Land within Defined Residential Areas

43.00


c) That in accordance with Section 501 of the Local Government Act 1993 Council makes the following Commercial Waste Service charge for the year commencing 1 July 2020:


Commercial 140 litre Mixed Solid Waste per single – Weekly service

305.00

Commercial 240 litre Mixed Solid Waste per single – Weekly service

415.00

Commercial 240 litre Recycling Waste Service – Fortnightly service

107.00

Commercial 360 litre Recycling Waste Service – Fortnightly service

127.00

Commercial 140 litre Green Waste – Weekly Service

100.00

Commercial 240 litre Green Waste – Weekly Service

140.00

d) That the Domestic Waste Management Service and the Commercial Waste Service charges be based on the number of separate occupancies or domiciles (whether actually occupied of not) contained within each rateable property for which the service is available.

e) That in accordance with Section 496A of the Local Government Act 1993 Council makes the following annual charges for Stormwater Management Services – Urban areas for year commencing 1 July 2020:


Stormwater Management Service – Urban areas 25.00

Stormwater Management Service – Urban areas Strata Units

12.50

f) That in accordance with Sections 501 and 502 of the Local Government Act 1993 Council makes the following annual water access charges for the year commencing the 1 July 2020:

A charge per meter of:

Meter Size (mm) Access Charge per annum ($)

Unconnected Properties (vacant) 341.00

20 341.00


25 528.00

32 858.00

40 1,336.00

50 2,083.00

80 5,308.00

100 8,290.00

150 18,640.00

200 33,665.00

Fire Service 929.00

g) That in accordance with Section 501 of the Local Government Act 1993 Council makes the following annual sewerage access charges for the year commencing the 1 July 2020:

Access Charge Charge per Annum ($)

Residential – Sewerage Base Charge

Connected Properties (Per annum)

1,204.00

Residential – Sewerage Base Charge

Unconnected Properties (Per annum)

745.00

Non-Residential (per connection size)

Meter Size (mm) Access Charge ($)

Unconnected Properties (vacant) 759.00

20 1,112.00

25 1,748.00

32 2,564.00

40 3,964.00

50 6,268.00

80 16,077.00

100 25,080.00

i

150 59,724.00

ii Section 501 Charge


Flats (per unit per annum) 1,204.00

Holiday Flats (per unit per annum) 1,204.00

h) That in accordance with Section 501 of the Local Government Act 1993 Council makes the following Onsite Sewerage Management System – Annual approval charge for the year commencing 1 July 2020:

System Charge per system ($)

Single dwelling 94.00

Small commercial systems 185.00

Large commercial systems 350.00

2. In accordance with provisions of Section 566 of the Local Government Act 1993 resolves that the maximum allowable interest rate of 0% (from 1 July 2020 – 31 December 2020) then 7% (from 1 January 2021 – 30 June 2021) be applied to all outstanding rates and charges for the year commencing 1 July 2020.

BACKGROUNDThe making of Rates and Annual charges is an administrative function usually undertaken as part of the adoption of the Integrated Planning and Reporting (IP&R) document suite.

Section 533 of the Local Government Act 1993 (the Act) provides that Council must make the rates and charges before 1 August in the year, for which the rates and charges are made, after having given appropriate public notice in relation to the draft plans. Each rate and charge is to be made for a specific year (Section 534) and the rate and charge is to be made by a resolution of Council (Section 535).

Dispensation has been permitted to defer the making of rates and charges (Office of Local Government Circular 20-12/ 17 April 2020 / A696830) and delay the issue of rate notices to 1 September 2020 due to the impacts of the COVID-19 pandemic. Changes were also made to enable a council to apply less than the full percentage increase of the rate peg and enable this to be recovered over the next 10 years. Council has not chosen to defer either the issuing of the rate notices or the application of the rate peg for the 2020/21 financial year.

KEY CONSIDERATIONSThe notional yield from rates has been increased by the full amount allowable under IPART’s determination being 2.6%. This decision reflects Council’s current financial position and has been made after considering the potential impacts on ratepayers.

While it is allowable for the raising of rates to be deferred until September, it was seen in the best interest of ratepayers and council to issue the rates in accordance with the standard timeframes.

In accordance with section 566(3) of the Act, it has been determined that the maximum rate of interest payable on overdue rates and charges for the period 1 July 2020 to 31 December 2020 (inclusive) will be 0.0% per annum and that the maximum rate of interest payable on overdue rates and charges for the period 1 January 2021 to 30 June 2021 (inclusive) will be 7.0% per annum.


The NSW Office of Local Government has advised that the interest rate has been set at 0.0% for the first half of the 2020-21 financial year in response to the financial impacts faced by the community as a result of the COVID-19 Pandemic.

The methodology used to calculate the interest rate applicable for the period 1 January 2021 to 30 June 2021 is the Supreme Court methodology (the Reserve Bank cash rate plus 6%), rounded to the nearest half per cent of the maximum interest rate for the previous year. The cash rate used for the purposes of the maximum interest rate for local government is based on the cash rate as at 4 December 2019.

Policy and LegislationRelevant legislation applicable to the subject of this report includes:

Section 494 of the LGA – Ordinary rates must be made and levied annually Section 496 of the LGA – Making and levying of annual charges for domestic waste

management services Section 496A of the LGA – Making and levying of annual charges for stormwater

management services Section 497 of the LGA – What is the structure of a rate? Section 498 of the LGA – What is the ad valorem amount Section 499 of the LGA – The base amount Section 500 of the LGA – Limit on revenue that can be raised from base amount Section 501 of the LGA – For what services can a council impose an annual charge? Section 502 of the LGA – Charges for actual use Section 503 of the LGA – What is the relationship between rates and charges? Section 504 of the LGA – Domestic waste management services Section 566 of the LGA – Accrual of interest on overdue rates and charges

Strategic AlignmentThe making of rates and charges aligns with Council’s Delivery Program Outcome GS02.1, Financial assets are managed, and corporate reporting is compliant. The making of rates and charges is a requirement under the Local Government Act 1993.

Impact on Financial SustainabilityThe making of the rates and charges will allow Council to raise income that is required to undertake the works and activities included in the 2020/21 Operational Plan.

Stakeholder EngagementCouncil exhibited its draft suite of IP&R documents, including the draft rates and annual charges, as required under the Local Government Act 1993 following the Council resolution from the 21 April 2020 Council meeting. The IP&R documents were exhibited for 28 days with the exhibition period closing on 22 May 2020.

As noted in the Adoption of 2020-21 Fees and Charges report which also forms part of this business paper, Council received three (3) submissions relating to fees and charges. Only one of these submissions related to an annual charge included within the recommendation within this report (Sewer Access Charge). As detailed in the Adoption of 2020-21 Fees and Charges report, no change to these charges have been proposed.



CONCLUSIONCouncil is required to make the rates and charges for the 2020/21 year in accordance with the Local Government Act 1993 to allow the income to be raised to fund Councils operations. It is recommended that Council makes the rates and charges as detailed within this report.


9.7 LOAN BORROWINGS

Officer Ron Wood, Manager Financial ServicesFile No F19/1809Attachments Nil

PURPOSETo report on Council’s loan borrowings program for the 2019/20 year.

RECOMMENDATIONThat Council authorise the General Manager to accept the offer of loans for the General Fund amounting to $5,300,000 from the institutions providing the most advantageous outcome to Council.

BACKGROUNDThe Local Government Act 1993 (the Act) requires that the borrowing of monies is a function that Council must determine and cannot delegate. Loan borrowings are required to be finalised by 30 June each year.

The Office of Local Government (OLG) has approved that Council may borrow up to $10,000,000 in the 2019/20 financial year as follows:

General Fund $8,000,000

Sewer Fund $2,000,000

General Fund Loan ProgramThe OLG approval allows borrowings to fund capital works to the amount of $8,000,000. The loan borrowing program has been amended in line with cash flow projections, with borrowings of $5,300,000 being proposed.

Sewer Fund Loan ProgramThe OLG approval allows borrowings to fund capital works to the amount of $2,000,000. The loan borrowing program has been amended in line with improved cash flow projections, due principally to lower than forecast capital expenditure during 2019/20, and no borrowings are recommended for the Sewer Fund at this time.

Loan Quotation RequestsCouncil approached major lending authorities requesting quotes in respect of the above borrowings.

Council enquiries in previous years have indicated that, outside of T-Corp, the major banks provide the optimum borrowing rates to local government. The advantage that the major banks enjoy is attributed to the size of their portfolios, the lower risk rating applicable to local government borrowings, and the regulatory capital adequacy requirements applicable to these institutions which make lending to local government attractive to the banks.

Council requested the quotations detailed in the table below based on quarterly principal and interest instalments and a nominated draw down date of 29 June 2020.

The decision to borrow either on the fixed term or renewal basis is dependent upon Council’s aversion to risk associated with future interest rate variation. The determination is a subjective one based upon the differential in the cost of borrowings under the fixed and renewal terms and the assessed potential variations in market borrowing rates.


Due to the volatility in credit markets and the lending policies of the financial institutions the rates provided to Council below are indicative only. Updated quotations from a variety of financial institutions will be available to Council at its meeting to enable determination of the successful lender.

Quotations ReceivedThe following indicative quotes from Council’s relationship banking partner have been received at the time of preparing this report.

General Fund Borrowings $5,300,000. Quarterly Repayments

Institution Term Rate Comment

National Australia Bank 10 years 2.11%

National Australia Bank 10 Years 1.76% 10-year repayment schedule with 5-years fixed and balloon

(5-year balloon $2,713,927.67)

National Australia Bank 20 Years 2.93%

National Australia Bank 20 Years 2.49% 20-year repayment schedule with 10-years fixed and balloon

(10-year balloon $2,822,770.85)

AssessmentThe rates quoted above are within the parameters used in developing Council’s 2020/21 budget and Long-Term Financial Plan.

KEY CONSIDERATIONSThe cash position of council has been evaluated post the March quarter budget review to determine borrowings required to fund Council’s ongoing operations as compared to planned borrowings. Given the improved cash projections, this resulted in a reduced requirement for loan borrowings than had been anticipated and included in the original 2019/20 budget.

Policy and LegislationThe relevant legislation relating to this report includes:

Section 621 of the Act – When and for what may a council borrow? Section 622 of the Act – What form may a council borrowing take? Section 623 of the Act – Security for borrowings Section 624 of the Act – Are there any restrictions on a council borrowing? Section 230 of the Local Government (General) Regulation 2005 – General manager to notify

borrowings to Director-General Local Government Act 1993 (NSW) - Borrowing order


Strategic AlignmentThe borrowings outlined in this report accord with Council’s Integrated Planning and Reporting documents of council and in particular, the Long-Term Financial Plan.

Impact on Financial SustainabilityThe impacts of these borrowings have been incorporated into Council’s Long-Term Financial Plan. The Long-Term Financial Plan will be presented to Council for consideration and adoption at the 28 July 2020 council meeting.

Stakeholder EngagementNot applicable.


CONCLUSIONThe borrowings outlined in this report align with Council’s Long-Term Financial Plan and capital works funding requirements.

As noted above, updated quotations from a variety of financial institutions will be available to Council at its meeting to enable determination of the successful lender.

However, it is recommended that in light of the current lower rates the loans be fixed over the 10-year term.


9.8 STATEMENT OF CASH AND INVESTMENTS - JUNE 2020

Officer Ron Wood, Manager Financial ServicesFile No N/AAttachments 1. Statement of Cash & Investments [9.8.1 - 3 pages]

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

RECOMMENDATIONThat the information be noted.

BACKGROUNDClause 212 of the regulation states:

Local Government (General) Regulation 2005

Part 9 Division 5 Clause 212

212 Reports on council investments

(1) The responsible accounting officer of a council:

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

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

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

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

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

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

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

Council is currently holding $55.1M in cash and investments as at 31 May 2020. This is $5.8M higher than last month.

Council’s average return on its $39.9M term deposit investments is 1.48%, which is comparable to last month (1.59%).

The TCorp Medium Term Growth investment continued to regain some of the $62k loss recorded in March due to COVID-19 related market volatility, with a return of 1.63%. This investment has a medium to long investment horizon of at least 5-7 years and it is expected that over this time period


the investment will significantly outperform term deposits, even though in times of extreme volatility there will be some months of negative returns.

Investment income year to date is $669k and is higher than budget. The current budget for the full year as adopted in the March Quarterly Budget Review (QBR) is $685k.

A review of Council’s treasury management functions, including investments and borrowings, is currently underway to optimise financial outcomes. These have been delayed as a result of higher priority items due to the COVID-19 pandemic. Proposed changes to treasury management resulting from this review will be tabled at a future council meeting.

CONCLUSIONCouncil is holding $55.1M in cash and investments. Investment income generated is lower than last year and budget mainly due to lower market interest rates than was assumed within the budget.


10 NOTICES OF MOTION/QUESTIONS WITH NOTICE

10.1 QUESTIONS ON NOTICE

COUNCILLOR D F SAUL EFQFNM1How can Council educate the driving public to make them more aware of the 40KM speed zone in Smith Street?RESPONSEThe first step is to undertake speed counts to determine the % of traffic exceeding the 40kmh speed limit. As a general rule, if less than 15% of traffic are exceeding the speed limit, no action would be recommended. Should the speed counts find excessive speeding (ie > 15% exceeding the speed limit), we have the option through a site specific road safety campaign to highlight the problem via appropriate media releases. Also, we have the option to engage with NSW Police for site specific patrols as a speeding deterrent.

COUNCILLOR A T SHIELDS GMBQFNM1Due to the COVID-19 impacts on Commercial Business resources the draft saleyards business plan has been delayed. When does Council expect this plan to be available?RESPONSEIt is anticipated that the Saleyards Business Plan will be reported to the July 2020 Council meeting.

COUNCILLOR L J HAUVILLE GJSQFNM1In respect to Development Applications processed by Council in the last 12 months what numbers (a) were received, (b) had boundary non-complying setbacks and (c) were given approval despite non-compliance?RESPONSEFor the Financial Year 2019/20 there have been 418 Development Applications received to date. From this total, 14 (3.3%) proposed variations to setbacks and all were granted consent.

COUNCILLOR L J HAUVILLE DSTQFNM2Has the General Manager any options to not implement a Resolution of Council, and, if yes, what are these options?RESPONSEs335(b) of the Local Government Act 1993 states that the General Manager is to implement, without undue delay, lawful decisions of the council.

Therefore, given consideration to the circumstances, the General Manager may delay implementation where that delay is reasonable, appropriate or warranted. The General Manager also may not implement decisions which are not lawful.


COUNCILLOR L J HAUVILLE SMMQFNM3What projects have been included in preparing a list of “shovel-ready projects” for possible utilisation of Recession Recovery action by Federal and State infrastructure spending to boost our Shire’s economy?RESPONSEA list of potential projects has been compiled and will shortly be provided to Councillors for their information in the weekly Councillor Information Update. It should be noted that this is a dynamic project list which will be subject to ongoing update and that all projects on this list will not necessarily be shovel-ready.

The list of projects will be broad-based to as funding availability will vary subject to the individual stimulus program.

COUNCILLOR L J HAUVILLE DSTQFNM4What revised procedures and safeguards have been implemented to ensure resolutions of Council are implemented and not “unfortunately overlooked”?RESPONSEAll Council resolutions are tracked by software designed for this purpose, they are allocated to Council’s officers for action and the status of these resolutions is monitored and reported to Council.

COUNCILLOR L J HAUVILLE EFQFNM5Are the roadway improvements made, and are soon to be made, to Plummers Lane able to be promoted to the Kempsey Traffic Committee as a strong argument to change the speed limit from 80 kph to 100 kph for all or some of its length?RESPONSETransport for NSW are the authority for determining speed zones. The matter has been discussed by the Local Traffic Committee and advice from TfNSW indicates an increase to a 100kmh zone would not be supported primarily due to the sub-standard curves and multiple property accesses.It should also be noted reconstruction of the existing curves to be compliant with a 100kmh speed environment would require significant property acquisitions at considerable cost to Council. We have a similar situation for the 80kmh zone in the section of South West Rocks Road, north of Gladstone.

COUNCILLOR L J HAUVILLE LJHQFNM6In reference to the Urgency Resolution (supported unanimously) of the March Council on the “Bushfire” Royal Commission, when was the request (point 5) made to the Commission to hold formal hearings in the Shire and what was the response?REPSONSEIndependent of the Urgency Resolution, representation was made to Local Federal Member Pat Conaghan in early March to advocate for Community Forums associated with the Royal Commission to be held in the Kempsey Shire. A request to consider Kempsey as a site for formal


hearings was made through the interactive web-portal of the Commission. Pat Conaghan spoke with the General Manager as was following this up.

As noted in the Questions on Notice section of the May 2020 Council Business Paper, the actions specifically related to the Urgency Resolution were mistakenly not achieved due to the sizeable workload of the Community Partnerships team in the days immediately after this resolution, caused by the significant and daily communications implications of the COVID-19 pandemic at this time.

COUNCILLOR L J HAUVILLE GJSQFNM7In consideration of RMS requirements and with regard to the Planning Proposal for 600 Macleay Valley Way, South Kempsey (2019-503/2019-7-16) will Council, if it progresses to a Development Application for the proposal, require the proponent to include an Economic Needs Analysis report from an Independent Consultant?RESPONSEAn economic impact assessment was undertaken as part of the Planning Proposal prior to agency and community consultation.

Economic impacts rather than need, both positive and negative, would be a relevant consideration for any future Development Application. The applicant will need to ensure that this is covered in their application. Whether this is in the form of a report from an independent consultant will depend on the proposal and the applicant. It is up to the applicant how this information is presented within their application.

COUNCILLOR L J HAUVILLE LJHQFNM8In reference to the Urgency Resolution (supported unanimously) of the March Council on the “Bushfire” Royal Commission, how many individuals (Point 3) were invited to make submissions?RESPONSEAs noted in the Questions on Notice section of the May 2020 Council Business Paper, the actions specifically related to the Urgency Resolution were mistakenly not achieved due to the sizeable workload of the Community Partnerships team in the days immediately after this resolution, caused by the significant and daily communications implications of the COVID-19 pandemic at this time.

Further training on the specialist software system tracking Council resolutions has now been provided to staff to address this oversight.

It should be noted that Council has significantly promoted the NSW Government Inquiry into bushfires through digital and traditional media as well as individual advocacy.


COUNCILLOR L J HAUVILLE GMBQFNM9Has AIAC withdrawn from having a lease at Kempsey Airport?RESPONSEAIAC’s lease of the Kempsey Airport Terminal Building expires on 30 June 2020. A public Expression of Interest (EOI) process was undertaken seeking lessees who intend to run an aviation related business that supports maximum market-based rental, economic benefit to the region and facilitate activities that fit the purpose of the terminal building. The EOI closed on the 1 June 2020. Assessment of EOI submissions is currently being undertaken.

COUNCILLOR L J HAUVILLE DSTQFNM10Noting the information in the Progress column of Matters in Progress dated 3rd February it was reported “Actions (were) in Progress”, how many staff hours have already been utilised in preparing the “Renaming the Shire” report to that point, and since that date?RESPONSEThe hours of administrative staff are not tracked in relation to specific projects, however at that time no time had been invested in preparing the report to Council, and none were after that date.

An estimated 12 hours had been invested to develop the community engagement plan, which was unable to be implemented due to COVID-19 restrictions.

It’s estimated a further 8 hours had been invested researching the cost implications of name changes in others Council’s.

COUNCILLOR L J HAUVILLE LJHQFNM11Between the 21st April Council Meeting and 22nd May (the closing date) how did Kempsey Council promote Kempsey Shire Community members to make submissions to the “Bushfire” Royal Commission?RESPONSEAs noted in the Questions on Notice section of the May 2020 Council Business Paper, the actions specifically related to the Urgency Resolution were mistakenly not achieved due to the sizeable workload of the Community Partnerships team in the days immediately after this resolution, caused by the significant and daily communications implications of the COVID-19 pandemic at this time.

Further training on the specialist software system tracking Council resolutions has now been provided to staff to address this oversight.

It should be noted that Council has significantly promoted the NSW Government Inquiry into bushfires through digital and traditional media as well as individual advocacy.


11 CONFIDENTIAL MATTERS

MOTION FOR CONFIDENTIAL SESSION

In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in section 10A(2) of the Act, and should be dealt with in a part of the meeting closed to the media and public.

Set out below is section 10A(2) of the Local Government Act 1993 in relation to matters which can be dealt with in the closed part of a meeting.

The matters and information are the following: (a) personnel matters concerning particular individuals (other than councillors)(b) the personal hardship of any resident or ratepayer(c) information that would, if disclosed, confer a commercial advantage on a person with whom

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

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

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

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

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

on community land.

Councillors are reminded of their statutory obligations in relation to the non-disclosure to any outside person of matters included in this section.

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


11.1 LEGAL MATTERS

Officer Daniel Thoroughgood, Manager Governance & Information ServicesFile No F19/1960

Section 10A(2)(g) – Legal Proceedings

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

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

11.2 TENDER FOR THE SUPPLY AND DELIVERY OF BULK FUELS AND LUBRICANTS

Officer Vicki Thomas, Coordinator Procurement & Fleet ManagementFile No F19/1957Section 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 TENDER FOR THE SUPPLY AND DELIVERY OF BULK WATER TREATMENT CHEMICALS

Officer Wes Trotter, Manager Water and SewerFile No F12/1779Section 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))



11.4 AUDIT AND RISK COMMITTEE MEETING MINUTES - 13 MAY 2020

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.

11.5 STEUART MCINTYRE DAM WATER TREATMENT PLANT PROCUREMENT AND CAPACITY

Officer Wes Trotter, Water and Sewer ManagerFile No F19/2238

PURPOSETo provide an update on the Steuart McIntyre Dam Water Treatment Plant project considering a review and advice on the procurement method and the easing of the emergency drought situation. Council’s Water and Sewer Team are also seeking to increase the plant capacity from 5ML/day to 10ML/day to cater for the schemes demands at all times.

11.6 CONFIDENTIAL MAYORAL MINUTE - GENERAL MANAGER ANNUAL PERFORMANCE REVIEW

Councillor Liz Campbell, MayorFile No MIL/23552Section 10A(2)(a) – Personnel MattersThis report is submitted on a confidential basis as it involves personnel matters concerning particular individuals (other than Councillors). (Local Government Act 1993, section 10A(2)(a))


12 CONCLUSION OF THE MEETING

commencing at 9:00 am corner tozer and elbow streets, west … · 2020-06-09 · ordinary council...

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