commencing at 9:00 am corner tozer and elbow streets, west ... · 3/17/2020 · ordinary council...

Ordinary Council Meeting - 17 March 2020

A Council meeting will be held on Tuesday 17 March 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 MINUTES OF LOCAL TRAFFIC COMMITTEE - 3 MARCH 2020.....................................................................68.2 ECONOMIC DEVELOPMENT AND TOURISM COMMITTEE .........................................................................78.3 AUSTRALIA DAY AWARDS COMMITTEE.....................................................................................................8

9 REPORTS TO COUNCIL.......................................................................................................................99.1 PRESENTATION FROM NSW RURAL FIRE SERVICE .....................................................................................99.2 RECOVERY ACTION PLAN .........................................................................................................................109.3 COMMUNITY STRATEGIC PLAN REVIEW REPORT ....................................................................................159.4 PLANNING PROPOSAL - 183 OLD STATION ROAD, VERGES CREEK ..........................................................189.5 STATEMENT OF CASH AND INVESTMENTS ..............................................................................................22

10 NOTICES OF MOTION/QUESTIONS WITH NOTICE...........................................................................2410.1 DELEGATES REPORT – NET ZERO EMISSIONS AND CLIMATE RESILIENCE WORKSHOP............................2410.2 ADOPTION OF NET ZERO EMISSIONS BY 2050.........................................................................................2510.3 INCREASE TO NEWSTART PAYMENT........................................................................................................2610.4 QUESTIONS ON NOTICE ...........................................................................................................................27

11 CONFIDENTIAL MATTERS ................................................................................................................3211.1 LEGAL MATTERS.......................................................................................................................................3311.2 AUDIT AND RISK COMMITTEE - FEBRUARY 2020 MEETING MINUTES AND ANNUAL ACTIVITY REPORT 3311.3 MAYORAL MINUTE - GENERAL MANAGER'S INTERIM PERFORMANCE REVIEW .....................................33

12 CONCLUSION OF THE MEETING ......................................................................................................33


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 18 February 2020 be confirmed.

Attachments1. 2020-02-18-draft-minutes-r2 [4.1.1 - 15 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 MINUTES OF LOCAL TRAFFIC COMMITTEE - 3 MARCH 20208.2 ECONOMIC DEVELOPMENT AND TOURISM COMMITTEE8.3 AUSTRALIA DAY AWARDS COMMITTEE9.3 COMMUNITY STRATEGIC PLAN REVIEW REPORT9.4 PLANNING PROPOSAL - 183 OLD STATION ROAD, VERGES CREEK9.5 STATEMENT OF CASH AND INVESTMENTS11.1 LEGAL MATTERS11.2 AUDIT AND RISK COMMITTEE - FEBRUARY 2020 MEETING MINUTES AND ANNUAL ACTIVITY REPORT


7 MAYORAL MINUTES

Nil


8 REPORTS OF COMMITTEES

8.1 MINUTES OF LOCAL TRAFFIC COMMITTEE - 3 MARCH 2020

Officer Robert Fish, Director Operations and Planning File No F19/1958Attachments 1. Minutes of 3rd March 2020 [8.1.1 - 11 pages]

PURPOSEFor Council to adopt the minutes of the Local Traffic Committee meeting held on 3 March 2020.

RECOMMENDATIONThat Council notes the minutes and adopts the recommendations of the Local Traffic Committee meeting of 3 March 2020.

BACKGROUNDA copy of the minutes of the meeting of the Local Traffic Committee held on 3 March 2020 are attached.


8.2 ECONOMIC DEVELOPMENT AND TOURISM COMMITTEE

Officer Marilyn Breen, Acting Manager Commercial BusinessFile No F19/2252Attachments 1. Annual Report 2019 of Economic Development & Tourism Committee

[8.2.1 - 3 pages]2. Minutes of Economic Development & Tourism Committee - 30 November

2018 [8.2.2 - 2 pages]3. Minutes of Economic Development & Tourism Committee - 8 February

2019 [8.2.3 - 2 pages]4. Minutes of Economic Development & Tourism Committee - 3 April 2019

[8.2.4 - 2 pages]5. Minutes of Economic Development & Tourism Committee - 21 June 2019

[8.2.5 - 2 pages]6. Minutes of Economic Development & Tourism Committee - 18 July 2019

[8.2.6 - 2 pages]7. Minutes of Economic Development & Tourism Committee - 26 September

2019 [8.2.7 - 2 pages]

PURPOSETo report on the activities of the Economic Development and Tourism Committee.

RECOMMENDATIONThat the information be noted.

BACKGROUNDThe Economic Development and Tourism Committee met on the following dates:

30 November 2018 8 February 2019 3 April 2019 21 June 2019 18 July 2019 26 September 2019

Minutes of these meetings as well as the 2019 Annual Report of the Economic Development and Tourism Committee are attached to this report.

The next meeting of the Committee is being scheduled for late March or April 2020.


8.3 AUSTRALIA DAY AWARDS COMMITTEE

Officer Susan Kane, Executive Assistant - MayorFile No F19/2252Attachments 1. Australia Day Awards Committee - Minutes - 28 February 2020 [8.3.1 - 2

pages]

PURPOSETo report on the activities of the Australia Day Awards Committee.

RECOMMENDATIONThat the information be noted.

BACKGROUNDThe Australia Day Awards Committee met on Friday, 28 February 2020. The minutes of the meeting are attached to this report.

The next meeting of the Australia Day Awards Committee is currently scheduled for Friday, 7 August 2020.


9 REPORTS TO COUNCIL

9.1 PRESENTATION FROM NSW RURAL FIRE SERVICE

Officer Daniel Thoroughgood, Manager – Governance and Information ServicesFile No F19/1930Attachments Nil

PURPOSECouncil will receive a presentation from Mr Lachlann Ison, Zone Manager, Lower North Coast, NSW Rural Fire Service.


9.2 RECOVERY ACTION PLAN

Officer Lyndal Harper, Manager Community PartnershipsFile No F19/2673Attachments Nil

PURPOSEThis report provides an overview of Council’s current actions and future strategic planning in guiding the community’s recovery from bushfire and natural disasters.

RECOMMENDATIONThat Council:

1. Note the recent activities undertaken by Council in support of bushfire recovery across our community.

2. Note the receipt of $1,416,667 from the Federal Government National Bushfire Recovery Agency for the purpose of supporting the local community and businesses in their recovery from bushfires.

3. Note that a program of work for the expenditure of funds as per point 2 is to be submitted to the NSW Office of Local Government within three months of receipt (end March 2020), with expenditure to take place within 12 months (by January 2021).

4. Delegate the General Manager as responsible for delivering point 3. 5. Note the recent announcement from the NSW Government Bushfire Community

Resilience and Economic Recovery Funds of availability of a $250,000 grant for the purpose of supporting the local community and businesses in their recovery.

6. Note that applications for up to $1 million in grant funding from the Federal Government Drought Communities Program close on 1 June 2020.

7. Note that Council staff are currently engaging with the broader community on their ideas and expectations for recovery programs and funding allocations.

8. Request the General Manager table an update on the Kempsey Shire Recovery Action Plan at the May, September and December 2020 Council meetings.

BACKGROUND

In response to the devastating bushfires that swept through large parts of the nation in late 2019 and into January 2020, Local Government has been identified as the key community leader to advocate for local needs and coordinate on ground recovery activities. The state and federal governments are supporting this approach through the allocation of direct grant funding to affected regions. It is anticipated that future grant streams beyond those identified to date will be made available.

KEY CONSIDERATIONS

Community support & partnerships

Since November 2019, Council has devoted significant resources to work directly with the community, providing a range of support services as well as partnering with government, not for profit and volunteer organisations to ensure the community receives the support required following the bushfires. A summary of these activities is detailed below.

Summary of November and December activities:

▫ Set up and support evacuation centres in Kempsey


▫ Set up and support Disaster Welfare Assistance Points in Kempsey and Willawarrin▫ Coordination of Recovery Centre at Willawarrin▫ Coordination of Mobile Recovery Centre at Millbank, Moparrabah and Bellbrook▫ Community Information meeting at Bellbrook on 4 December 2019▫ Facilitation of the arrival and ongoing support of Team Rubicon and BlazeAid▫ Representation on regional working groups▫ Ongoing communications with Office Emergency Management (OEM)

Summary of December and January activities:

▫ Coordination of Recovery Centre at Willawarrin each Wednesday morning▫ Community Information (waste) meetings at Bellbrook and Willawarrin ▫ Continued support of BlazeAid▫ Facilitated support for Rapid Relief Team, Tzu Chi Australia, Catholic Diocese and various

other charities▫ Ongoing case management (OEM Officer seconded to Council)

Summary of February and March activities to date:

▫ Coordination of local service provider’s workshops involving agencies such as St Vincents De Paul, Red Cross and Legal Aid

▫ Community Recovery Planning Meetings – Willawarrin & Kempsey▫ Liaison with Public Works Authority and Laing O’Rourke regarding demolition and clean-up

activities, resulting in local contractor workshops. ▫ Application for, and negotiation of, the arrival and ongoing support of the Australian

Defence Force▫ Advocate for alternate temporary housing options with government and philanthropic

organisations▫ Liaison with Service NSW to implement the State Government’s commitment to cover the

third and fourth quarter rate charges of all people who lost their home

Planned events:

▫ Face to Face, Side by Side Ladies Luncheon – 21 March▫ Wittitrin Recovery Planning Meeting – 24 March▫ RFS Thank you Parade and Concert – 28 March▫ Numerous Recovery Point sessions at locations such as Bellbrook, Willawarrin and Kempsey

and weekend outreach services.

In addition to the above activities, Council has undertaken significant work over the past four months associated with tree removal and the repair of bridges damaged or destroyed as a result of the fires and subsequent floods. All temporary bridge repairs will be completed by 13 March 2020.

Engaging to understand and plan for Recovery

In order to understand community needs and Recovery opportunities, Council staff have reviewed existing strategies, planning frameworks and community engagement responses such as the Economic Development and Tourism Strategy; the Macleay Valley 2036 Community Strategic Plan; and Willawarrin Community Catch-up Summary Report from December 2018.

This review has incorporated staff feedback and specific Recovery workshops with an internal working group.


In addition, staff have a facilitated a Recovery Planning workshop in Willawarrin and Kempsey as well as adding Recovery ideas discussions to the weekly outreach sessions. Engagement will continue throughout the Recovery program planning and delivery.

For the purpose of a status update on Recovery planning, the feedback and ideas received to date can broadly be grouped under the following priorities;

▫ Road maintenance - particularly Council unmaintained roads ▫ Activities and programs to support sense of wellbeing, mental health and community

connections▫ A need to support new and established events, for the Upper Macleay and across the Shire ▫ Emergency planning and review for the Upper Macleay region, including access to

communication services ▫ Destination marketing to encourage visitation and dispersal of visitors across our entire LGA▫ Facilitate community led Recovery through fast turn-around and community delivered

activities ▫ Engagement of dedicated resources to support and deliver the Recovery program

Financial support and grant funding

Bushfire Recovery Funding - $1.417 million

On 9 January 2020 the Prime Minister announced that the Commonwealth Government had advanced to the NSW Government, under Category D of the Disaster Recovery Funding Arrangements, a base payment of $1 million to 42 of the most severely bushfire affected councils to help quickly rebuild vital infrastructure and strengthen community resilience.

Kempsey Shire Council has received the $1 million lump sum payment. Council is required to develop a ‘Program of Works’ within three months and a report on how the funding was spent in 12 months time. An additional $416,667 was allocated to Kempsey Shire on 14 February which provides a total of $1.417 million for this program.

The funding guidelines indicate that Council can invest the $1.417 million payment on projects and activities that they deem essential for recovery and the renewal of their communities, including:

1. Rebuilding damaged or destroyed council assets such as key local roads, bridges and community facilities;

2. Employing additional local staff to take on specialist recovery or planning roles to help coordinate and plan the rebuilding effort;

3. Hosting new public activities and events to bring communities together and attract visitors back to affected regions; and

4. Immediate maintenance and repairs to relief and evacuation centres.

The Program of Works to be submitted to the Office of Local Government by the end of March will be finalised once the planned events, as noted above in this report, have been undertaken.

Bushfire Community Resilience & Economic Recovery Fund, Phase 1 – Up to $250,000

On 4 February, notification was received from the NSW Government, that Council was eligible for Phase 1 of the Bushfire Community Resilience and Economic Recovery Fund. For Kempsey Shire Council, this provides up to $250,000 for:


1. Economic Recovery – events or initiatives to support local business recover, such as business support events and recovery plans, etc.

2. Community Resilience – events or initiatives to support community recovery and wellbeing such as BBQ’s, shows, concerts, etc.

The funding round opened on 17 February with a one month turn around for applications and approvals recommended by the program advisors. To this end, the following projects have been submitted to the funding body for review and approval;

Proposed Activity Background Amount

Upgrade Bellbrook Hall

This hall was integral in the bushfire response and recovery – being used as an evacuation information point, supply donation and recovery centre. The hall continues to be an important community hub.

Proposed works include the construction of disabled access to hall and repair or replacement of front and side doors to include a bar lock for security.

$35,000

Macleay Bushfire Parade and Concert

Community event for residents and businesses to have the opportunity to say thank you and show appreciation to the RFS volunteers, BlazeAid and emergency services involved with the bushfire fighting and recovery efforts.

$10,000

Face to Face - Side by Side Luncheon,

Macleay Women Supporting Each Other.

Providing an afternoon for local women that have been impacted by the bushfires to come together for an event of healing and support.

Guest speaker Anne Leadbeater OAM, an expert on disaster recovery and community resilience, will discuss all aspects of recovery.

$8,000

Bellbrook War Memorial – Flag Pole Replacement (3)

Community members have requested to have the damaged flag poles replaced. The War Memorial is a source of pride for both the Aboriginal and non-Aboriginal community of Bellbrook.

$7,500

Blackbird Reserve Shelter Upgrade

Replace and enhance the existing shelter at the reserve for the use of the community and tourists, supporting growth in visitation in the upper Macleay.

$92,000

Resurfacing of Willawarrin Showground and minor repairs to the ring fencing.

Resurfacing of the grounds is required due to the large number of stock relocated to the grounds during the bushfire causing the surface to become badly compacted. This has resulted in the grounds being unsafe for riders. Some sections of the ring fences also need to be

$22,500


repaired. The grounds are regularly used by the Willawarrin Campdraft

Farm Planning Workshops

Following the bushfires, this is an opportunity for businesses to reassess their farming practices prior to recommencing their ordinary activities. These workshops will highlight farm planning, diversification options, insurance considerations, planning for natural disasters etc. It will also be an impetus for farmers to reconnect with their broader community.

$75,000

These proposals meet the guidelines of this funding stream and reflect activities and projects that were identified via engagement with the community, or reflect actions noted in Council’s recently adopted Economic Development and Tourism Strategy.

Drought Communities Program - $1 million

On 28 January, Federal Member for Cowper, Pat Conaghan MP, announced Kempsey Shire Council has been invited to apply for $1 million from the Coalition Government from the Drought Communities Program. The purpose of this funding is to build infrastructure, undertake water security projects or help support the community through events or employing local support officers.

Suitable projects that meet the guidelines of this funding program are currently being developed prior to the submission closure date of 1 June 2020. An update on the projects identified will be included in the Recovery Action Plan update reported to Council in May 2020.

CONCLUSION

Kempsey Shire Recovery Action Plan & Council reporting

The dynamic and changing nature of the government and non-government support available for community recovery, inclusive of drought, fire and natural disasters, will require Council to take a strategic but agile approach to ensuring maximum investment and opportunities are realised for the Kempsey community.

A Kempsey Shire Recovery Action Plan will be developed, including the 12-month Program of Works required for the Bushfire Recovery Funding. This plan will follow the adopted framework of the NSW Office of Emergency Management, outlining objectives and programs linked to the broad spectrum of disaster recovery categorised across four key priority areas;

Social Built Economic Natural

The purpose of the Action Plan is to provide transparency to the community and Council on the investment of recovery funds. Its development, review and updating will be guided by Council’s program of current and ongoing community engagement.

Reports on the development, implementation and evaluation of the Recovery Action Plan will be tabled at the May, September and December Council meetings.


9.3 COMMUNITY STRATEGIC PLAN REVIEW REPORT

Officer Kathryn Parker, Corporate Performance CoordinatorFile No F19/2619Attachments 1. CSP Discussion Paper [9.3.1 - 12 pages]

2. Micromex Community Research Report [9.3.2 - 26 pages]

PURPOSECouncil is currently reviewing its Macleay Valley 2036 Community Strategic Plan June 2017 (CSP 2017) as required by the Local Government Act.

The CSP 2017 review will inform the End of Term Report required to be reported to the last Council meeting (18 August 2020) of the current term of Council and ensure that a revised framework for Council’s Integrated Plans is adopted before June 2021.

Other needs to review the CSP 2017 arise from recent environmental planning legislation changes, Council’s ongoing financial sustainability challenges and transformational changes in Council's operating environment and workforce during the last 2 years.

This report outlines a multi-stage community engagement approach to be undertaken during the next 12-18 month period to meet these requirements. The report also includes a discussion paper and the results of the recently completed community survey to assist community consideration of the underlying themes that need to be considered in the context of the community in 2020.

RECOMMENDATIONThat Council notes:

1. The proposed community engagement approach for the Macleay Valley 2036 Community Strategic Plan 2017 review.

2. The Micromex Community Research Report, February 2020.3. The Macleay Valley Community Strategic Plan Review Discussion Paper, February 2020.

BACKGROUNDThe Community Strategic Plan (CSP) is Council’s highest order plan with specific legislated requirements that provide the framework for future strategic and land use planning, resource allocation across assets, workforce and finances for the Macleay Valley area over a 10 years’ plus time horizon.

The CSP is also required to be developed and delivered as a partnership between Council, state agencies, community groups and individuals. The CSP should address a broad range of issues that are relevant to the whole community, and address 4 key questions such as:

1. Where are we now?2. Where do we want to be in 10 years’ time?3. How will we get there?4. How will we know when we’ve arrived?

Council’s role is to guide the community through these important discussions and to document responses and provide a meaningful and relevant strategic plan that has a long-term horizon.

It is timely that the CSP 2017 review is underway. In the last couple of years there have been changes to both the Local Government Act and the Environmental Planning and Assessment Act that seek to strengthen the Integrated Planning and Reporting (IPR) framework and its requirements.


Particularly important is the need for the community to be engaged in long term plans that affect them, and the development of integrated and easy to understand local strategies.

The CSP 2017 review is also important given Council's continuing financial sustainability challenges. Council’s currently adopted Long-Term Financial Plan includes scenarios that contemplate a possible IPART Special Rate Variation (SRV) application. It is likely that the draft Long-Term Financial Plan to be presented to Council in April 2020 will also include several SRV scenarios as a possible solution to address Council’s longer-term financial sustainability issues. It will also be important that Council’s engagement, together with a revised CSP vision, goals, strategies and future service delivery models reflect that this resourcing need has been thoroughly considered and documented.

The revised CSP will underpin the next Resourcing Strategy’s Asset Management Plan, Workforce Plan and Long-Term Financial Plan, as well as Council’s next Delivery Program and Operational Plan due to be adopted before June 2021.

KEY CONSIDERATIONSThe CSP 2017 consists of a community vision, values, strategies and goals developed for the Macleay Valley under the themes of:

Healthy Wealthy Connected Safe

The CSP 2017 provides a sound basis for key Council strategies and priorities that are resourced via Council’s Delivery Program 2017-2021, Resourcing Strategy and its various annual Operational Plans. The review is underway at present to test and future proof the current plan’s vision, goals and strategies as we extend the time horizon to the year 2041.

The various stages in the review are:

Stage 1: Preliminary ResearchThe first stage of the CSP 2017 review is underway. The key elements of this stage include:

Review of research, demographic data and changes for the Kempsey local government area Preparation of a Discussion paper to inform community engagement Undertaking a community satisfaction survey to review key aspects of the CSP 2017 and

compare previous surveys regarding levels of satisfaction and importance of key council services.

This information will assist community engagement during the next 12-18 months and will be published on Council’s Your Say Macleay website.

A copy of the discussion paper to facilitate the review of the CSP has been attached to this report.

Also attached to this report is the Micromex Community Research Report, February 2020. As part of Council’s CSP 2017 review process, Micromex Research were commissioned to undertake a community survey. The survey was undertaken in November/December 2019 and comprised 302 respondents, with 92% rating the quality of services as good to excellent. The most valued aspects of living in the area were the natural environment, community connections, and lifestyle. The top drivers of overall satisfaction were:

financial management;


council decision making; information provision; planning and development; and community engagement.

The summary results are attached to this paper.

Stage 2: Community EngagementIt is proposed that a high level of community engagement is undertaken consistent with the principles in Council’s Community Engagement Strategy. Community engagement will incorporate the inform, consult and involve levels of the engagement spectrum. Multiple methods of engagement will be used including:

face to face discussions and surveys at workshops, markets, Kempsey Show and existing events

independent qualitative and quantitative research a digital discussion forum using Council’s Your Say Macleay platform public exhibition of the draft document formal submissions

Independently run and recruited community workshops are proposed to be undertaken to inform the quantitative survey results and statistics researched to date.

There will also be a need to further engage with hard-to-reach community groups and young people in the area, as well as various government agencies that are considered important to achieving community goals and strategies.

Updates on the engagement process will be regularly provided via Council’s Your Say Macleay website.

The findings of this stage will help inform the CSP 2017 review, End of Term Report, and revisions proposed for the next CSP.

Stage 3: Final CSP It is proposed that the newly elected Council will be briefed on the draft CSP in early October 2020 prior to public exhibition of the draft CSP in November 2020. This would then enable the Draft CSP to be reported to Council in December 2020.

The Draft CSP will provide the framework for the future Delivery Program 2021-2025, the Operational Plans 2021-22 and the Resourcing Strategy comprising the Asset Management Plan, Workforce Plan and Long-Term Financial Plan. These plans are required to be adopted before 30 June 2021.

CONCLUSIONThe proposed review of the CSP and the planned community engagement approach will ensure alignment with recent legislative changes.

Likewise, testing the relevance of the current community vision, goals and strategies for the area will help shape the future priorities for the Kempsey Shire area.


9.4 PLANNING PROPOSAL - 183 OLD STATION ROAD, VERGES CREEK

Officer Peter Orr, Senior Strategic Planning OfficerFile No KLEP2013-AM-30Attachments 1. Planning Proposal 183 Old Station Road [9.4.1 - 34 pages]

PURPOSETo consider the following planning proposal for progression to the next stage of the local plan making process.

Proposal: To amend the Lot Size Map to enable a future two lot subdivision

Location: 183 Old Station Road, Verges Creek (Lot 40 DP1153400)

Proponent: GEM Planning Projects on behalf of Mrs V. Brady

Status: Planning proposal lodged

The next stage is to forward the planning proposal to the Minister for Planning for Gateway consideration. The Minister (or delegate) will consider if there is enough justification to proceed with the planning proposal and make a Gateway determination.

RECOMMENDATION1. That the planning proposal which seeks to amend the Lot Size Map at 183 Old Station

Road, Verges Creek, be submitted to the Minister for Planning for Gateway consideration pursuant to section 3.34 of the Environmental Planning and Assessment Act 1979.

2. That the Secretary of the Department of Planning, Industry and Environment be requested to issue Council with written authorisation to exercise plan making delegations in relation to this proposal.

3. That subject to the Gateway determination, community consultation for the planning proposal be undertaken.

BACKGROUNDSubject LandThe subject site is located approximately five kilometres east of the Kempsey CBD. The locality is characterised by fragmented rural land and rural-residential development close to the Pacific Highway (refer to Figure 1 below). The south western portion of the site (where dwellings currently exist) rises above surrounding flood prone land to the west, north and east.


Figure 1: Subject site demarcated in blue with Kempsey identified to the west.

The site has split zoning with a portion of RU1-Primary Production zone at the northern end of the lot and the balance of the lot is within the RU2-Rural Landscape zone. The site contains stands of remnant vegetation and the area comprising the RU1-Primary Production zone is entirely regionally significant farmland. Built structures at the site include two existing (Council approved) inhabited dwellings, ancillary structures and shared access arrangements.

Objectives of the Planning ProposalThe intended outcome of the planning proposal is to enable a future two lot subdivision (refer to Figure 2 below). This will be achieved through the amendment of the relevant Lot Size Map which will allow for one lot of 2ha and a residual lot of 44ha – these lots will each contain one of the existing dwellings. The access arrangements would be formalised through a right of carriageway easement.


Figure 2: Proposed 2-lot subdivision for the subject site

Justification for the Planning ProposalThe subject site is identified in Council’s Rural Residential Land Release Strategy as being in the Verges Creek Land Release Staging map. The intent of this planning proposal is to enable separate title arrangements for the two existing dwellings at the site, rather than realising the full development potential through a rural-residential subdivision. Therefore, the existing rural land zoning will be retained. Notwithstanding, the amendments proposed will not hinder the future realisation of rural-residential development at the site.

Locality specific issues identified in the strategy for the Verges Creek Land Release Staging map area include:

The extent of the 1 in 100 year flood Impacts of noise from the Pacific Highway The means of rationalising access to facilitate an efficient pattern of subdivision Means for protecting the riparian corridor Unknown Koala habitat Part bushfire prone land Class 5 Acid Sulfate Soil

In this instance development at the site has already occurred (two existing dwellings) and consequently the proposal will not impact further on the environmental values identified for the site. The existing dwellings are not impacted by flood and are outside the modelled noise contours of concern (50dBA and 55dBA) for the new highway alignment.


Community ConsultationShould the Minister for Planning issue a favourable Gateway determination, the next step will include undertaking community consultation in accordance with the conditions of the Gateway determination and Council’s Rezoning Policy and Procedure 1.1.9. Part of this process will be to consult with the relevant Government authorities.

Once community consultation is complete, the matter will be reported back to Council to consider any submissions received and whether to proceed to the making of amendments to the local environmental plan.

CONCLUSIONThe proposed change is not inconsistent with Council’s Rural Residential Land Release Strategy in that the desired outcome does not prevent future rural residential subdivision of the land. Subdivision of the land into two lots provides a short to medium term solution to rationalise the two existing dwellings onto separate titles until further rural residential subdivision is feasible.


9.5 STATEMENT OF CASH AND INVESTMENTS Officer Ron Wood, Chief Financial OfficerFile No N/AAttachments 1. Statement of Cash & Investments [9.5.1 - 3 pages]

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

RECOMMENDATION That the report be noted.

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

BACKGROUND Clause 212 of the regulation states:

Local Government (General) Regulation 2005

Part 9 Division 5 Clause 212

212 Reports on council investments

(1) The responsible accounting officer of a council:

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

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

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

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

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

Note.

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

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

Council is currently holding $53.1M in cash and investments as at 29 February 2020. This is $4.2M higher than last month.


Council’s average return on its $39.4M term deposit investments is 1.60%, which is comparable to last month (1.59%).

Investment income year to date is $532k and remains lower than budget. The current budget for the full year as adopted in the December Quarterly Budget Review (QBR) is $985k.

A review of Council’s treasury management functions, including investments and borrowings, is currently underway to optimise financial outcomes. Proposed changes to treasury management resulting from this review will be tabled at a future council meeting.

CONCLUSION Council is holding $53.1M 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 DELEGATES REPORT – NET ZERO EMISSIONS AND CLIMATE RESILIENCE WORKSHOP

Councillor Cl. Bruce Morris, CouncillorFile No F19/1930Attachments 1. DPIE LSPS Advice - Climate Change - North Coast Region [10.1.1 - 5 pages]

2. Slides - Net zero emissions and climate resilience for local government [10.1.2 - 54 pages]

3. Managing climate change risk guidance and support for councils [10.1.3 - 27 pages]

4. LGNSW Adapt NSW climate change survey [10.1.4 - 28 pages]5. Bellingen Climate Emergency- DPIE low emissions workshop [10.1.5 - 15

pages]

PURPOSEReporting on the information presented at the Net Zero Emissions and Climate Resilience Workshop conducted by the Climate Resilience and Net Zero Emissions Branch of the NSW Department of Planning, Industry and Environment at Coffs Harbour on 20 November 2019.

RECOMMENDATIONThat the information from the Net Zero Emissions and Climate Resilience Workshop be received and noted.

BACKGROUNDThe Net Zero Emissions and Climate Resilience Workshop gave a comprehensive overview of the NSW State Government Policy Framework, details of the actions being taken by many local councils across the State were also highlighted. In addition to the information contained in the attachments and the many links contained therein along with the document titled "Climate Change Risk Assessment Guidance" which is available at the link https://climatechange.environment.nsw.gov.au/Adapting-to-climate-change/Local-government/Identify-risks-and-vulnerability gives a comprehensive collection of information to consider when Council develops its suite of sustainability documents.

The NSW State Government currently has adopted a Net Zero Emissions target for the State by 2050, on this basis it would seem logical for Kempsey Shire Council to adopt the same target. The adoption of such a target would provide a greater focus in the development of Councils proposed overarching sustainability strategy and suite of supporting documents and policies.

During the presentation an approach was made in relation to a DPIE staff member providing and overarching presentation separately to Councillors and Council Staff and the community as a pre-curser to Council developing its suite of sustainability documents. It was confirmed that this could be managed with appropriate notification.

The Increasing Resilience to Climate Change grant program was also highlighted with round 3 of this program due to open in mid-2020. Details of this grant program can be found at www.lgnsw.org.au/policy/increasing-resilience-climate-change

https://climatechange.environment.nsw.gov.au/Adapting-to-climate-change/Local-government/Identify-risks-and-vulnerability

https://climatechange.environment.nsw.gov.au/Adapting-to-climate-change/Local-government/Identify-risks-and-vulnerability


10.2 ADOPTION OF NET ZERO EMISSIONS BY 2050

Councillor Cl. Bruce Morris, CouncillorFile No F19/1930Attachments Nil

PURPOSETo have Council adopt a target of Net Zero Emissions by 2050.

I intend to move the following motion at the ordinary meeting of Council to be held Tuesday, 17 March 2020.

RECOMMENDATIONThat Council adopt a target of Net Zero Emissions by 2050.

BACKGROUNDThe NSW State Government have adopted a Net Zero Emissions target by 2050. It would seem illogical for Kempsey Shire Council not to adopt the same target. The adoption of this target will align Council with State Policy and also provide a strong focus in developing our proposed overarching sustainability strategy and suite of supporting documents and policies.

General Managers Comment

This will be considered as part of Council’s Long Term Energy Strategy project, which is currently underway. As a NSW State Government adopted target, this would form a logical starting point for discussion in setting targets within the Strategy. Councillors will be presented with an update on the Long Term Energy Strategy project in April 2020.


10.3 INCREASE TO NEWSTART PAYMENT

Councillor Cl. Bruce Morris, CouncillorFile No F19/1930Attachments Nil

PURPOSETo have Council recognise and support the Federal Member for Cowper, Mr Pat Conaghan, on his proposal to increase Newstart by $75 per week.

I intend to move the following motion at the ordinary meeting of Council to be held Tuesday, 17 March 2020.

RECOMMENDATIONThat Council write to the Federal Member for Cowper, Mr Pat Conaghan, to:

1. congratulate him on his support for the increase of Newstart by $75 per week, and 2. encourage him to work with like-minded Members of Parliament to bring forward a bill to

the parliament to legislate such an increase.

BACKGROUNDThe current Socio-Economic situation in many regional areas is less than desirable. An increase to Newstart will aid both the individual community member that will benefit from such an increase and it is anticipated that it would have a flow on effect to the broader Kempsey Shire community by way of economic stimulus. As noted in the media, Mr Conaghan has stated that many children in the Kempsey and Nambucca regions attend school without food and up to 40% of the community live at or below the poverty line. Whilst an increase in Newstart would help to address these concerns they would still leave many in our community living below the poverty line. We also need to focus on the generation of more jobs in our community. This is going to need a holistic plan, with the support of both the State and Federal Government.


10.4 QUESTIONS ON NOTICE

COUNCILLOR B J MORRIS FILE: F19/1945 GMB

QFNM1

Given that Council considered the installation of photo voltaic (PV) cells at the Civic Centre when the Civic Centre roof was replaced, as confirmed by the response to my QFNM1 to Council on 18 February 2020, what size PV systems were investigated, what was the cost involved for each system, if more than one size investigated and what was the likely future returns for each system investigated?

RESPONSE

The replacement of the new roof to the Civic Centre did not include the installation of solar panels as it was not cost effective within the scope of that project. Now that the roof has been replaced, the installation of solar panels is under investigation. At this time, we are currently investigating size, costs and the ability to provide future returns. To date we do not have any conclusive information to provide.

Council’s Sustainability Officer and Commercial Business are currently exploring ways, in association with Office Environment and Heritage, to identify the most advantageous form of energy saving option for each of Councils asset portfolio. This assessment will form the basis of Council’s Sustainability Strategy and will ultimately inform Council on a priority and financial basis for implementation.

COUNCILLOR B J MORRIS FILE: F19/1945 LJH

QFNM2

As a follow up to my QON13 to Council on 18 February 2020, being "Council resolved to host a meeting of all concerned parties in relation to mental health, crime and other social issues in the valley at its meeting of 20 November 2018. When is this meeting likely to occur?" Given that the response was that "An update has been provided in the Matters in Progress attached at the quarterly report", which reads "No further update as meeting planning disrupted by Bushfire Emergency demands on resources". When is it anticipated that resources will be available to progress the matter?

RESPONSE

Long term secondments into Recovery coordination mean the recruitment process for replacement Community Development resources has commenced. It is not anticipated that a meeting in relation to mental health, crime and other social issues will be convened in the 2019-20 financial year. An update regarding the Public Health Network mapping data can be provided in this timeframe.

COUNCILLOR L J HAUVILLE FILE: F19/1945 GMB


QFNM1

When will the amenities block be constructed at Crescent Head Pool?

RESPONSE

It is anticipated that the works will be completed by the end of this financial year (i.e. 30 June 2020).


QFNM2

Noting that Armidale, and the University of New England, are in the Macleay Valley, whilst Crescent Head and Kundabung are not in the Macleay Valley, would it be possible to ascertain from the Mayor, a member and Chairperson of the Country Universities Centre Macleay Valley Ltd, the information on whether any other names were considered before finally designating it the Country Universities Centre Macleay Valley Ltd and, if so, what were they?

RESPONSE

The deliberations of independent companies and their Boards are not generally publicly released. The CUC Macleay Valley Ltd is independent of the Kempsey Shire Council and the Chairperson Liz Campbell is an individual Board Member and does not represent Council. The name selected was a decision of the Board of CUC Macleay Valley Ltd.

COUNCILLOR L J HAUVILLE FILE: F19/1945 DST

QFNM3

When a Question on Notice asked for specific yes or no, dollar amounts, date or number should the answer contain such precise details?

RESPONSE

Council’s Code of Meeting Practice does not stipulate specifics regarding what form the answer to a question must take, other than it may be included in the business paper or be verbal at the discretion of the General Manager or their nominee. (Clause 3.16)

Answers to questions generally should respond to the question as directly as is possible with reference to the particulars of the matter. There can be a wide range of circumstances that can prevent the provision of specific information requested; including that Council does not have the information, the information is not Council’s, the information is commercial or disclosure would prejudice the execution of Council’s functions.


QFNM4


Would Council approach the Country Universities Centre Macleay Valley Ltd and ask if they are expecting enrolments of students from the Macleay Valley towns of Armidale (population estimated 24,504), Guyra (1,983), Walcha (1,451) and Uralla (2,754)? If yes, would the reply be provided to Councillors?

RESPONSE

The Country Universities Centre model of affiliated centres throughout NSW encourage students to attend a local CUC. Although there are only eight current CUCs in the network of centres, the affiliated networks encourage student enrolment from across a broad local outreach. For information about CUC policies, consult the website at www.cuc.org.au

COUNCILLOR L J HAUVILLE FILE: F19/1945 DST

QFNM5

Will Councillors be provided with the written legal advice that a sign is sufficient “duty of care” in preventing risky behaviour by people jumping off what appears, to some, a provided jumping platform on the Back Creek Bridge at South West Rocks and that there is no legal liability to Council for any injury or death?

RESPONSE

Information will be shared with Councillors.


QFNM6

Will Council check that the amenities block at Kempsey Shire Council’s Kempsey District Saleyards is correctly connected to the Council sewerage system?

RESPONSE

The amenities block at the Saleyards is not connected to the Council sewer system. It is serviced by a septic tank which disposes to trenches located in the paddock across the road. A recent inspection of the on-site sewage management system was completed by Council’s Environmental Officer and no issues with the connection or operation of the system were identified.

COUNCILLOR L J HAUVILLE FILE: F19/1945 RAF

QFNM7

With reference to answer to Councillor Hauville’s QFMM1 (Agenda of February Council 2020) which person or organisation (and when) designated that the now defunct Back Creek Bridge at South West Rocks had heritage value?

RESPONSE

http://www.cuc.org.au/


During early planning for the bridge replacement in February 2018, Council’s Heritage Consultant, Mr Stephen Booker, advised on the works noting the heritage importance of the link itself across the creek.

Mr Booker advised that “providing that the location is consistent with the current bridge, considering that during construction the access to the northern shore will still be required, the new bridge could be constructed beside the current structure and upon completion the former could be demolished”. He further recommended that “the balustrade should be consistent in form with the historical counterparts, of a compliant height, and painted white”. The planned use of durable contemporary materials was supported.


QFNM8

Would Council approach the Country Universities Centre Macleay Valley Ltd and ask if they would allow enrolments of students living outside the Macleay Valley, such as Crescent Head and Kundabung? If yes, would the reply be provided to Councillors?

RESPONSE

This question was answered in the previous response (Cl. Hauville QFNM4).

COUNCILLOR L J HAUVILLE FILE: F19/1945 SMM

QFNM9

With reference to Councillor Patterson’s question on notice QFNM2 (Agenda of February Council 2020) with the answer mentioning 5 new jobs and 15 new jobs for young people at “riverside movies”, are these jobs full-time or casual? If casual, what would be the full-time equivalent?

RESPONSE

The 20 positions equate to approximately 5 FTE. Of the 20 positions, 19 are casual with the Manager position being permanent.

COUNCILLOR D F SAUL FILE: F19/1945 RAF

QFNM1

Can council investigate the landslip on the Russell Avenue embankment in Smithtown?

RESPONSE

Work has been scoped with Soil Conservation Services, with the process commenced to obtain a licence for the work from the Crown and a permit from NSW Fisheries. Staff have written to the


property owners requesting approval to access the location. Approval is being sought for the work to be undertaken under Natural Disaster provisions.

COUNCILLOR D F SAUL FILE: F19/1945 RAF

QFNM2

What is the status of the proposed upgrades for back creek, South West Rocks, pertaining to the cleaning tables, boat ramp and pontoon lighting?

RESPONSE

Some initial path works have undertaken. The remaining works are largely expected to be undertaken following the Easter period. Approval remains to be received with regard to any works within the waterway as this is mapped coastal wetland under the State Environmental Planning Policy (Coastal Management).

COUNCILLOR D F SAUL FILE: F19/1945 GMB

QFNM3

Is the Kempsey pool chairlift available for use by wheelchair users?

RESPONSE

The Kempsey Pool chairlift is currently not available due to a mechanical failure. Council is working with the lessee to resolve the matter.


11 CONFIDENTIAL MATTERS

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

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

The matters and information are the following:

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

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

(i) prejudice the commercial position of the person who supplied it, or(ii) confer a commercial advantage on a competitor of the council, or(iii) reveal a trade secret,

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

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

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

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

RECOMMENDATIONThat 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 Melanie Peterson, Coordinator Governance and Information ManagementFile No F19/1960Section 10A(2)(g) – Legal Proceedings

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

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

11.2 AUDIT AND RISK COMMITTEE - FEBRUARY 2020 MEETING MINUTES AND ANNUAL ACTIVITY REPORT

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.

11.3 MAYORAL MINUTE - GENERAL MANAGER'S INTERIM PERFORMANCE REVIEW

Councillor Cl. Liz Campbell, MayorFile No MIL/23552Section 10A(2)(a) – Personnel Matters

This 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))

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.

12 CONCLUSION OF THE MEETING

commencing at 9:00 am corner tozer and elbow streets, west ... · 3/17/2020 · ordinary council...

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