commencing at 9:00 am corner tozer and elbow streets, west ... · ordinary council meeting - 18...

Ordinary Council Meeting - 18 February 2020

A Council meeting will be held on Tuesday 18 February 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 AUSTRALIA DAY AWARDS COMMITTEE.....................................................................................................69 REPORTS TO COUNCIL.......................................................................................................................7

9.1 SIX MONTHLY DELIVERY PROGRAM REPORT TO DECEMBER 2019 ...........................................................79.2 QUARTERLY REPORT ..................................................................................................................................99.3 SOUTH WEST ROCKS ALCOHOL-FREE ZONE SUSPENSION.......................................................................169.4 VERGE AND EDEN STREET SPORTING COMPLEX .....................................................................................189.5 WAIVING OF APPLICATION FEE FOR DISCHARGING PUBLIC POOL BACKWASH WATER AS LIQUID TRADE

WASTE .....................................................................................................................................................199.6 MIDWASTE ANNUAL REPORT 2019 .........................................................................................................219.7 DEVELOPMENT ACTIVITY AND LEP VARIATIONS - QUARTERLY SNAPSHOT.............................................239.8 STATEMENT OF CASH AND INVESTMENTS ..............................................................................................25

10 NOTICES OF MOTION/QUESTIONS WITH NOTICE...........................................................................2710.1 MANAGEMENT OF STUARTS POINT TENNIS COURTS..............................................................................2710.2 REMOVAL OF LIBRARY LATE FINES ..........................................................................................................2910.3 MID NORTH COAST JOINT ORGANISATION UPDATE REPORT..................................................................3010.4 QUESTIONS ON NOTICE ...........................................................................................................................31

11 CONFIDENTIAL MATTERS ................................................................................................................4011.1 LEGAL MATTERS.......................................................................................................................................4111.2 SUPPLY AND DELIVERY OF PASSENGER, TRUCK AND EARTHMOVER TYRES............................................4111.3 BULK BITUMEN EMULSION - TENDER ASSESSMENT................................................................................4111.4 MID NORTH COAST HIGH PERFORMANCE CENTRE TENDERS .................................................................41

12 CONCLUSION OF THE MEETING ......................................................................................................42


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 17 December 2019 be confirmed.

Attachments1. draft-minutes-2019-12-17-r 3 [4.1.1 - 26 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 AUSTRALIA DAY AWARDS COMMITTEE9.1 SIX MONTHLY DELIVERY PROGRAM REPORT TO DECEMBER 20199.2 QUARTERLY REPORT9.3 SOUTH WEST ROCKS ALCOHOL-FREE ZONE SUSPENSION9.4 VERGE AND EDEN STREET SPORTING COMPLEX9.5 WAIVING OF APPLICATION FEE FOR DISCHARGING PUBLIC POOL BACKWASH

WATER AS LIQUID TRADE WASTE9.6 MIDWASTE ANNUAL REPORT 20199.7 DEVELOPMENT ACTIVITY AND LEP VARIATIONS - QUARTERLY SNAPSHOT9.8 STATEMENT OF CASH AND INVESTMENTS11.1 LEGAL MATTERS11.2 SUPPLY AND DELIVERY OF PASSENGER, TRUCK AND EARTHMOVER TYRES11.3 BULK BITUMEN EMULSION – TENDER ASSESSMENT


7 MAYORAL MINUTES

Nil


8 REPORTS OF COMMITTEES

8.1 AUSTRALIA DAY AWARDS COMMITTEE

Officer Susan Kane, Executive Assistant - MayorFile No F19/2252Attachments 1. Australia Day Awards Committee - Minutes - 18 October 2019 [8.1.1 - 3

pages]2. Australia Day Awards Committee - Minutes - 13 January 2020 [8.1.2 - 3

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, 18 October 2019 and Monday, 13 January 2020.

Minutes of these Australia Day Awards Committee meetings are attached to this report. The next meeting of the Australia Day Awards Committee is currently being scheduled for February 2020.


9 REPORTS TO COUNCIL

9.1 SIX MONTHLY DELIVERY PROGRAM REPORT TO DECEMBER 2019

Officer Kathryn Parker, Corporate Performance CoordinatorFile No F20/2079Attachments 1. KSC D P 17-21 6 MR Feb-20 (005) [9.1.1 - 27 pages]

PURPOSEThis report provides a summary of Council’s progress over the six months from 1 July to 31 December 2019 in achieving the priority actions contained within the Delivery Program 2017-2021.

RECOMMENDATIONThat Council notes the progress achieved in this fifth six monthly report on the Delivery Program 2017-2021.

BACKGROUNDSection 404(5) of the Local Government Act 1993, within the Integrated Planning and Reporting Framework, requires that the General Manager reports at least every six months on the principal activities detailed in the Delivery Program.

Council’s Integrated Planning is based on its long-term Macleay Valley 2036 Community Strategic Plan (CSP). The CSP provides a number of strategies across the themes of healthy, wealthy, safe, connected and governance to achieve the community’s vision and values for the Macleay Valley towards the year 2036.

The CSP is aspirational and reflects a whole of shire approach for council, the community and all levels of government to work together to deliver on the community’s priorities. Council’s adopted four-year Delivery Program provides the primary activities that Council is resourcing to achieve the aims of the CSP over the term of Council.

Kempsey Shire Council’s planning documents are built around a series of central themes that flow through each level of planning and reporting; Healthy, Wealthy, Safe, Connected and Governance.

KEY CONSIDERATIONSThe six months reflected within the attached Delivery Program report has seen further significant organisational progress on initiatives undertaken within Council to deliver on the Community Strategic Plan. Notable progress has been achieved across each of the five (5) Delivery Program theme areas with approx. 88% of Delivery Program actions now being either completed, commenced or an ongoing delivery item.

A major achievement during the past six-month period was the implementation of a new corporate information technology platform which went live in June 2019. This included the introduction of a new core finance system, including budgeting software, rates and procurement modules. Work has progressed with managers to increase financial transparency and operational plan actions across their respective areas. Month end processes and a monthly close has been implemented with a view to more accurate and timely monthly reporting. The refinement of these technology improvements will provide the basis for improved corporate performance and efficiency of business processes going forward and support the efficient and effective delivery of Council’s Delivery Program and 2019-20 Operational Plan. Further improvements will continue to be implemented and reported over the next 6-12 months.


The completion of several major economic development initiatives during the period will contribute to the future economic sustainability of the area. This includes the delivery of the Kempsey Cinema project, which opened in November, and the adoption of the Economic Development and Tourism Strategy which outlines the future economic and tourism directions for the shire.

The attached report provides an update on all Delivery Program priority action items. Priority actions in each Delivery Program theme area have been reported on if their status is commenced, completed, ongoing or deferred. Those not commenced have no reporting comments provided in the report.

The table below summarises the details contained in the attached Delivery Program report.

2017 – 2021 Delivery Program

Delivery Program Area

Commenced Completed Ongoing Deferred Not Yet Commenced

Total Actions

Healthy 11 6 19 5 2 43Wealthy 4 14 20 2 5 45Safe 0 2 0 0 0 2Connected 2 4 4 0 0 10Governance 1 4 11 0 0 16Total (Jan 20) 15 33 57 7 7 116

CONCLUSIONThat Council notes the progress achieved in the fifth six monthly report of the Delivery Program 2017-21.


9.2 QUARTERLY REPORT

Officer Wayne Douglass, Manager FinanceFile No F18/2009Attachments 1. QBR Statements December 2019 [9.2.1 - 21 pages]

2. 2019-20 Key Performance Indicators - December 2019 [9.2.2 - 4 pages]3. Matters In Progress - February 2020 [9.2.3 - 41 pages]4. Grants Status Summary ( Feb 2020) [9.2.4 - 2 pages]

PURPOSETo report to Council the Quarterly Report, including the Quarterly Budget Review, for the period ending 31 December 2019.

RECOMMENDATIONThat:

1. the Quarterly Budget Review for the period ending 31 December 2019 is adopted and the variations contained therein are approved;

2. the Key Performance Indicators report is noted;3. the updates to the Matters in Progress are noted; and4. the Grants Status Summary is noted.

BACKGROUNDThis is the second Quarterly Report for the 2019/20 financial year. The commentary below relates to the Quarterly Budget Review (QBR) attached as item 9.2.1. Also attached to this report are the following reports which are provided to Council on a quarterly basis for information and noting:

Key Performance Indicators; Matters in Progress; and Grants Status Summary.

There were no Project Practical Completion Reports to report this quarter.

KEY CONSIDERATIONSThe Budget Review has been prepared for the period ending 31 December 2019.

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

Additionally, the Financial Sustainability Strategy and Financial Sustainability Strategy Roadmap that were adopted by Council at its April 2019 Council meeting outline several initiatives that, when fully implemented, will result in improved financial processes and longer-term financial sustainability.

These initiatives are in the process of being implemented and are a key focus area now that the financial related modules of the new corporate business system have been largely implemented.

The recent bushfires have had the following financial impacts:

Council has received $1M in bushfire recovery relief from the Bushfire Recovery Agency. This $1M of funding will be expended on a targeted recovery program that will best benefit the community. Details of this program are being developed and will be reported to the March


2020 Council meeting. Additionally, a further $250k has been recently announced under the joint NSW and Commonwealth Government funded Bushfire Community Resilience and Economic Recovery Funds (Phase 1), although this funding is yet to be received.

Council has to date1 spent $0.9M in bushfire related activities. The $0.9M of costs incurred to date will predominantly be recovered through various channels (where eligible), including Section 44 – Bushfire Emergency response, Office of Emergency Management (OEM), and the National Disaster Relief and Recovery Fund (NDRRA).

Income & Expense Budget Review Statements

The projected consolidated net operating result has improved by $3.3M from the current budget surplus of $7.9M to a surplus of $11.2M for the year. This is mainly due to proposed increases in income of $1.4M and a decrease in expenses of $1.9M.

The projected net operating result before capital items has improved by $4.3M from a deficit of $7.7M to a deficit of $3.4M. Although an improved result, it still indicates that Council is not generating enough income to cover its operational expenditure this financial year.

IncomeThe proposed increase in income of $1.4M is summarised in the table below

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

$‘M

Rates & Annual Charges, User Charges and Fees and Other revenues

The budget variations in the above line items relate to budget reclassifications between the various line items. Consequently, there is no net income changes relating to these items.

0.0

Interest and Investment revenues

A further reduction to investment income is proposed this quarter due to continued low market interest rates, resulting in less interest revenue being earned than budgeted.

(0.1)

Grants & Contributions – Operating

The increases are mainly due to the recognition of $2M received for (a) bushfire recovery ($1M); and (b) drought relief ($1M commitment not yet received), as well as an increase in the amount of the annual financial assistance grant.

2.5

Grants & Contributions – Capital

The net decrease of $1.1M can principally be attributed to the below material movements

Water and Sewer: A $3.5M decrease in grant income related to the Crescent Head Water Treatment plant which will be deferred

(1.1)

1 As at 7 Feb. 20


to next financial year is partly offset by an increase in grant revenue of $2.1M relating to part2 of the grant funding for the recently announced Steuart McIntyre Emergency Water Treatment plant.

A reduction of $1.6M in relation to South West Rocks High Performance centre this financial year. This project is currently undergoing a financial review and the budget adjustment included within the QBR reflects the likely impact on project timing.

An increase in commercial businesses grant income received from ATPM3 of $0.7M related to various holiday park projects.

An increase in NSW Boating Program of $0.9M.

Total 1.4

ExpensesThe proposed decrease in expenditure of $1.9M is summarised in the table below.

Expense line itemIncrease/(Decrease)

$’M

Employee costs

Relates mainly to a reduction in budgeted leave expenditure for the year which appears to be overstated in the current budget as well as reductions in the training budget to align expenditure to the current year to date run rate.

(1.1)

Borrowing costs

The borrowing costs budget is overstated and has been reduced to align to actual borrowing cost expenses.

(0.6)

Materials and contracts

Numerous changes made across the organisation to align the budget to the current year to date run rate and a reclassification to “other expenses” below.

(1.3)

Other expenses

Mainly due to a reclassification from “Materials and contracts” above.1.1

Total (1.9)

2 Only half of the grant funding and project expenses have been included for this year. The other half will be included in next year’s budget.3 ATPM are the company that manages Council’s holiday parks on our behalf.


Capital Budget Review StatementsThe 2019/20 Capital budget after carry-overs and revotes was $60.8M. As a comparison, the 2018/19 actual capital spend was only $19.8M4, significantly lower than the current revised budget. Despite a clearer program of work for the 2019/20 financial year and several individually large capital projects, such as Turners Flat Bridge and Back Creek Bridge replacements, Council does not have the capacity to deliver this level of capital expenditure.

The last quarterly review included a $15M high level unallocated reduction in general fund Capex to more closely align to historical spend levels. In this quarter a more detailed review of capital expenditure has been conducted and $7.1M in general fund capex has been either removed or deferred to next year based on Councils ability to deliver the works program. Council will undertake a further detailed review of Capex as part of the March 2020 QBR and development of the 2020/21 budget. Given the relatively high forecast capital expenditure for the balance of the 2019/20 financial year, a high level $5M unallocated reduction has been included in the attached December QBR to more closely approximate the likely full year capital expenditure result.

The proposed net decrease in capital expenditure of $3.0M is summarised in the table below

Capital line itemIncrease/(Decrease)

$’M

New assets other

The reductions relate mainly to the Airport hardstand and deferral of the Corporate Business System projects.

(0.6)

Renewal line items are listed below:

Land and Buildings

Mainly relates to deferral of expenditure relating to the Civic Centre Refurbishment project.

(0.7)

Roads, Bridges and Footpaths

The reductions relate to a $1.6M net reduction in various road projects as well as reductions of $0.8M in bridges and $0.4M in parking areas. The projects with material budget reductions include the following:

W868 - Clyde St Mall carpark, $0.4M deferred until 20/21 due to land acquisition delays.

W849 - Mooneba Road – Barking dog – reduction of $0.1M due to lower estimated costs to complete works. To note that culverts will be repurposed to bushfire response works.

W851 - Boyters Lane reduced by $0.3M as resources are directed to bushfire response work

W611-4 Macleay Valley Way North, $0.4M removed from roads program. This will be reprogrammed in 20/21.

W953 Maria River Road (end Bitumen to Shire Boundary) reduction of $0.3M as Council awaits grant funding confirmation.

(2.9)

4 After excluding contributed assets of $9.4M. Cash Capital spend is $19.8M.


W967 Stuart St, Kempsey (Belgrave St to Fourth Street) reduction of $0.2M. Contamination issues mean the project can’t be done for this cost and so the project has been removed from the program this year.

$0.8M related to Hillview Drive and Innes Street projects deferred to 20/21 to free up cashflow this year.

Other

The reductions mainly relate to deferred expenditure in holiday parks cabin replacements of $1.1M as well as a reduction for South West Rocks High Performance Centre of $1.6M.

(2.9)

Water

A reduction of $3.5M is proposed for the Crescent Head Water Treatment plant project, which shall have the majority of construction occur in 2020/21. There are further reductions of $1.3M across various other water projects. These reductions are partly offset by an increase of $2.1M related to works (50%) associated with the delivery of the government grant funded Steuart McIntyre Dam Emergency Water Treatment Plant.

(1.1)

Sewer

A reduction and deferral of expenditure related to Stuarts Point Sewer Scheme of $1.7M, South Kempsey Pressure Sewer of $1.9M and $1M in various other Sewer projects.

(4.7)

Unallocated

$10M of the $15M high level unallocated reduction made in last quarter has been put back into the capex program to offset reductions in general fund line items identified in this quarter. As noted above, this results in a $5M unallocated reduction to forecast capital expenditure remaining in the QBR forecast

10.0

Total (3.0)

Cash and Investments Budget Review StatementsAs noted previously, work is currently underway to accurately report actual cash reserve movements throughout the financial year.5

The current budgeted cash and investments position at 30 June 2020 is $48.1M. The proposed budget variations of $10.4M this quarter increase that position to $58.5M at year end.

5 The “Actual YTD figures” column in the QBRS Statement Cash & Investment schedules shows the reserve balances as they were at 30 June 2019. The total of that column is the actual cash balance at December and since Council does not currently record actual cash reserve movements during the year, the unrestricted cash amount in that column will tend to be negative, indicating that all the year to date spend is ‘assumed’ to come from non-reserve funds (which is not necessarily the case).


The below table summarises the proposed cash variations for the quarter.

Line itemIncrease/(Decrease)

$’M

Current cash forecast 48.1

Grant funding for bushfires and drought relief unspent at year end6 2.0

Water and Sewer cash not spent at year end 4.9

Loans not spent at year end (this assumes Council will draw down the full $8M budgeted in loans in this financial year)

3.8

Other lesser reserve movements. (0.3)

Projected cash at the end of the year 58.5

Key Performance IndicatorsOperating Performance: The projected result of (4.5%), is well below the benchmark (> 0%) but is better than the 2018-19 actual result of (6.3%). The projected result is 8.6% better than the original budget of (13.1%). The ratio has been positively impacted by higher income and lower expenditure forecasts included in the December QBR. A negative ratio means Council is not generating enough revenue to cover its operating expenses.

Own Source Operating Revenue: Forecast result of 65.6% is above benchmark (> 60%) but slightly lower than historical performance.

Debt Service Cover Ratio: Forecast result of 6.52x (times cover) is well above benchmark (> 2x) compared to previous years.

Building and Infrastructure Renewals Ratio: A ratio above the 100% benchmark means Council is spending more on capital infrastructure renewals than the value at which the infrastructure is depreciating at. The December 2019 QBR ratio is projected at 121% (which is well above the benchmark of (>= 100%). Council’s capacity to deliver capital works in excess of 100% for this ratio is limited.

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

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

6 At this stage Council hasn’t identified or included the spend of this funding in the current budget review and hasn’t included the recovery of funds relating to the $0.9M bushfire costs to date).


CONCLUSIONThe proposed budget changes in the December QBR project result in a forecast net operating surplus from all operations of $11.2M. However, Council is forecasting an operating deficit (before capital contributions) of $3.4M for the 2019/20 financial year.

Capital expenditure is projected to be $42.9M for the year and cash and investments are projected to be $58.5M by the end of the financial year.


9.3 SOUTH WEST ROCKS ALCOHOL-FREE ZONE SUSPENSION

Officer Stephen Neale, Community Projects OfficerFile No F19/1638Attachments 1. SWR Livingstone St Alcohol Free Zone [9.3.1 - 1 page]

PURPOSEThe purpose of this report is to seek the temporary suspension of the alcohol-free zone in Livingstone Street, South West Rocks (SWR) in order to host the Eat St SWR food events for the following years 2020, 2021, 2022.

RECOMMENDATIONThat Council suspend the Alcohol-Free Zone for the nominated location within Livingstone Street, South West Rocks between the hours of 9am to 10pm on Saturday 21st March and Saturday 12 September 2020 for the purposes of the Eat St SWR food events 2020 and for the following years 2021 and 2022 (at dates to be determined).

BACKGROUNDFollowing the success of the Eat St South West Rocks event held in August 2019 by ‘ATE’ (Another Tasty Event) the company are wishing to host annual Eat Street food events in Livingstone Street, South West Rocks.

It is anticipated that there will be approximately 15 mobile food vendors which will complement the current restaurant and cafes operating in Livingstone Street. In addition to the food vendors, the event will have six (6) to eight (8) vendors that will showcase their craft beer, cider and wine products. These stallholders will be permitted to sell alcohol to patrons between the hours of 11:00am –7:00pm for consumption within the fenced event area only. Patrons will be not permitted to take alcohol from the event area and patrons will be required to leave the designated area by no later than 7:30pm.

Maps confirming the festival area are attached to this report. It is proposed that this temporary alcohol-free zone suspension will occur on Saturday 21st March and Saturday 12 September 2020 between the hours of 9:00am-10:00pm and then annually. The service of alcohol will be between 11:00am and cease 7:00pm, with the slightly longer temporary suspension period to allow for alcohol vendors to bring their product into the Event zone and set up their stalls and provide them with sufficient time after the event to remove their product.

Security staff will be engaged to monitor the event. There will be four (4) security staff. Two will be primarily located at entry points to ensure that the consumption of alcohol is restricted to this approved area. A further two (2) will be roving security staff and another eight operating as Responsible Service of Alcohol (RSA) marshals. The local area Liquor Licence Police have been contacted and have no objections to the event.

KEY CONSIDERATIONS1. There is a risk of alcohol related incidents, however this risk is mitigated by the presence of

the NSW Police Force, additional security staff/ RSA marshals and the RSA obligations of individual stall holders.

2. Approval from the Local Traffic Committee of the Traffic Management Plan for the road closure is required.


3. Event management plans are required to be submitted each year, the application may be terminated by Kempsey Shire Council if there was advice from the licencing Police against the event going ahead or breaches of the conditions for lifting the Alcohol-Free zone.

CONCLUSIONThe suspension of the alcohol-free zone to allow the full scope of the events to go ahead would subsequently result in an economic benefit to the local economy. Food based events are one of the fastest growing forms of regional tourism. Festivals and special events play important roles in destination development, image makers, and are a catalyst for other developments. For these reasons the economic benefit from the events would extend beyond event stall holders to the wider economy of the Shire.


9.4 VERGE AND EDEN STREET SPORTING COMPLEX

Officer Robert Fish, Director Operations and PlanningFile No F19/2637Attachments 1. Verge & Eden Street Sporting Complex Masterplan [9.4.1 - 1 page]

PURPOSETo advise Council of the successful application for grant funding for the redevelopment of the Verge and Eden Street sporting complex.

RECOMMENDATIONThat Council:

1. Accept the grant funding of $10,000,000 for the redevelopment of the Verge and Eden Street sporting complex in accordance with the adopted masterplan

2. Delegate the General Manager authority to sign the funding deed when received.

BACKGROUND

At the June 2019 Council meeting, Council resolved to adopt the Verge and Eden Street Sporting Complex Masterplan (attached).

Continued advocacy of the need for better sporting facilities in Kempsey at the Verge and Eden Street Sporting Complex resulted in the local member for Oxley, Melinda Pavey MP, announcing on 25 February 2019 that if the current government is re-elected in the 2019 State Government election, $10 million for the delivery of work identified in the masterplan would be provided.

Confirmation of the funding offer has been received. To accept the funding, Council is required to enter a funding deed with the NSW Office of Sport, which outlines the requirements for Council to deliver the project.

A funding deed is expected to be received during February 2020 and it is recommended that Council accept the funding through execution of the deed by the General Manager.

KEY CONSIDERATIONS

Allocation of this funding will provide for a large program of works to be delivered from the masterplan and allow Council to make a significant achievement against its Delivery Program action.

Council has been working closely with user groups about the staging of works to ensure minimal disruption to sporting activities occurs.

CONCLUSION

The offer of funding will assist Council in expediting improvement of the condition of the Verge and Eden Street Sporting Complex. It is recommended that Council accept the funding offered by the NSW Office of Sport and provide delegation to the General Manager to execute the funding Deed.


9.5 WAIVING OF APPLICATION FEE FOR DISCHARGING PUBLIC POOL BACKWASH WATER AS LIQUID TRADE WASTE

Officer Justin Turk, Environmental Health OfficerFile No F19/1708 Attachments 1. NSW Health Public swimming and spa pool advisory document [9.5.1 - 1

page]

PURPOSETo propose the waiving of the application fee for existing caravan parks and motels to discharge pool backwash water as Liquid Trade Waste to Council’s sewerage system.

RECOMMENDATIONThat Council place on public exhibition for 28 days the proposed waiving of the $285 fee from Council’s Schedule of Fees & Charges to apply to discharge to Council’s sewer system under section 68 of the Local Government Act for existing caravan parks and motels that have pools and are required to connect their backwash systems to Council’s sewer.

BACKGROUNDUnder the existing Department of Planning, Industry & Environment Guidelines all liquid trade waste dischargers require an approval from their local water authority to discharge to the sewerage system.

The Liquid Trade Waste Application Fee for new businesses (Category A, B, C and S dischargers) is $285.00 in accordance with Councils adopted 2019/2020 Fees and Charges. This is applied under Section 68 of the Local Government Act.

Historically small (<55KL) public swimming pools were not required to discharge backwash water as Liquid Trade Waste. This means there are older pools where discharge is to stormwater. It is now a NSW Health guideline or best practice (see attachment) that all public swimming pools discharge backwash water as Liquid Trade Waste into Councils Sewerage System with approval. The guideline does not apply to private pools.

KEY CONSIDERATIONSWaiving of this fee will provide an incentive for existing businesses, that have public swimming pools, to assist in ensuring compliance. This will in turn minimise environmental impact and assist with the efficient operation of Council’s sewerage treatment works. The pool owner shall be required to pay for the plumbing work to connect the discharge backwash water to sewer. In some instances this may be minor work, while in other instances more significant work pending the location of the pool with respect to sewer services.

Policy and LegislationIn accordance with Section 610F of the Local Government Act 1993, public notice of 28 days must be made before a determination of fees. To waive the fee proposed in this report, public notice is therefore required.

Relevant compliance action for polution of waterways is via the Protection of the Environment Operations Act 1997. Discharge of backwash into stormwater may be considered to be in breach of the relevant provisions of the Act.

Strategic AlignmentN/A


Impact on Financial SustainabilityWaiving of this fee will ease financial burden on existing caravan parks and motels who seek approval to connect backwash water to sewer and comply with NSW Health guidelines.

Council shall forgo the income from the application fee for a small number of pools across the Shire. With the exception of a negligible increase in loading to Council’s sewer system, there is no additional cost to Council for this service.

Stakeholder EngagementExisting caravan parks and motels will be told about the waived application fee as part of Council’s inspection program.

Other MattersN/A

CONCLUSIONDue to there being no additional longer term cost to Council for this service, to help existing businesses in the Shire ensure compliance, to minimise environmental impact and assist with the efficient operation of Council’s sewerage treatment works, it is considered that the waiving of this fee is a suitable response to deal with the new NSW Health guidelines.


9.6 MIDWASTE ANNUAL REPORT 2019

Officer Gavin Hughes, Coordinator Waste ServicesFile No F19/1752Attachments 1. Mid Waste Annual Report 2018 2019 [9.6.1 - 40 pages]

PURPOSETo present the MidWaste 2018/19 Annual Report highlighting the benefits to our Shire and region.

RECOMMENDATIONThat the MidWaste 2018/19 Annual Report is received and published on Council’s website for the community’s information.

BACKGROUNDKempsey Shire Council is an active member of MidWaste Regional Waste Forum which represents six (6) neighbouring Mid North Coast councils for better regional collaboration and waste service provision. MidWaste meetings are held every second month.

The MidWaste 2018/19 Annual Report is attached and shares the achievements and benefits that membership delivers to our Shire and broader region. Kempsey Shire Council’s contribution for 2018/19 was $5,777 with each member agreeing to pay 20 cents per capita using 2016 Census data.

KEY CONSIDERATIONSPolicy and Legislation The NSW Government administers the waste regulatory framework through the State’s primary environment protection legislation the Protection of the Environment Operations (POEO) Act 1997, the Waste Avoidance and Resource Recovery (WARR) Act 2001 and the Protection of the Environment Operations (Waste) Regulation 2005. These key statutes contain the requirements for managing, storing, transporting, processing, recovering and disposing of waste.

The ‘NSW 2021: A plan to make NSW number one’, encourages groups of local councils to develop Regional Waste Strategies. Regional collaboration of local councils is critical to the delivery of the ‘Waste Less, Recycle More’ initiative.

Strategic Alignment MidWaste’s Regional Waste Avoidance and Resource Recovery Strategy 2014-21 (reviewed 2017) is strategically aligned with the Waste Strategies of State and Local Government to increase State funding, achieve more milestones and deliver greater outcomes for our regional communities. The actions and initiatives that the MidWaste Strategy aim to deliver, can also benefit some of the strategy items within Council’s Community Strategic Plan, for example MidWaste deliver Chemical Clean Out events which can help:

Restore damaged environments and removal of environmental threats (HS-03); Minimise risk to the community’s health (HS-05); Build a positive and strong community culture (WS-01); Encourage cultural development within the community (WS-02); Create a range of meeting places for the community (SOS-01); Include social behaviour as a part of education (SOS-3).

MidWaste also works with EPA and other agencies on litter clean up and prevention, with litter clean up kits offered free of charge to the public, which can:


Provide opportunities for people to be involved in the community (SOS-04); Work with various agencies to reduce the incidence of crime (SAS-07).

Impact on Financial Sustainability There is minimal impact on financial sustainability as council costs are contained within an annual budget allocation for MidWaste membership. The benefits of membership far outweigh membership costs, as MidWaste received approximately $540,336 of additional EPA funding in 2018-19 for delivering outcomes in our region.

Stakeholder Engagement MidWaste provided professional training to both Waste Services staff and Rangers in 2018-19 at no cost to Council. MidWaste also regularly connects six (6) neighbouring regional councils for waste matters and provides timely updates and relevant opportunities to members. MidWaste projects also facilitate our council working more closely with both our Joint Organisation councils (Port Macquarie-Hasings Council and Bellingen Shire Council).

MidWaste is held in high regard with the NSW EPA (Council’s environmental regulator and main grant funding source) and the other Voluntary Waste Groups around the State, with RENEW meetings bringing them together regularly to share issues and solutions.

Other Matters MidWaste can consolidate member council interests and be more compelling and effective as a group to gain funding, petition improvements and deliver regional outcomes we may not achieve alone.

CONCLUSIONThe Waste Sector has had significant issues and greater public interest over the past 12-month period with impacts of China Sword, the NSW Container Deposit scheme and increased media attention.

MidWaste assists Kempsey Shire Council to address these national issues at a local level and has delivered many benefits to our region, council and local community over 2018/19 which are highlighted in the attached Annual Report.

Council’s website promotes MidWaste’s value to local waste services and it is recommended that the 2018/19 Annual Report be made available on the Council's website for the community’s information.


9.7 DEVELOPMENT ACTIVITY AND LEP VARIATIONS - QUARTERLY SNAPSHOT

Officer Graham Snow, Manager Development & ComplianceFile No F18/1831Attachments Nil

PURPOSETo report to Council quarterly on any approvals that included variations to Council’s Kempsey Local Environmental Plan (KLEP) 2013, which involved the use of Clause 4.6, and to provide information on development approvals for the period of October, November and December 2019.

RECOMMENDATIONThat the information be noted.

BACKGROUNDIn accordance with a Department of Planning, Industry & Environment direction, all development applications determined involving the use of State Environmental Planning Policy 1 or clause 4.6 of KLEP 2013 to vary a development standard are required to be reported to Council for information.

During the October to December 2019 quarter there has been no applications approved which involved variations to the KLEP 2013. The Department of Planning, Industry & Environment are informed of any variations via quarterly reporting and any variations are also listed on Council’s website.

Development Activity Information and StatisticsThe Environmental Planning and Assessment Regulations specify that the approval time for a development application is 40 days.

Listed below are development statistics for the report period being October, November and December 2019, financial year to date totals and a comparison from the same period the previous financial year. It is noted that as a result of unprecedented bushfires during the later part of 2019, Council planning resources have been heavily involved in assistance and provision of information for those impacted. This will continue into 2020 and will impact on development assessment services.

Month No. of DA’s determined

within 40 days

Total No. of DA’s

determined

% Value ~ No. of new dwellings approved

October 41 54 75.9 $5.8M 9November 42 44 95.4 $2.3M 7December 39 50 78 $3M 12YTD TOTALS 2019-20 206 262 78.6 $40.6M 992018-19 YTD TOTALS COMPARISON

171 215 80 $14.3 M 54

Please note:Private certifier determinations are included in the number of determinationsDuring this quarter two development applications have been withdrawn.KEY CONSIDERATIONSPolicy and LegislationIn accordance with a Department of Planning, Industry & Environment direction, all applications determined involving the use of SEPP 1 or Clause 4.6 to vary a development standard are required to be reported to Council for information and a return submitted to the Department quarterly.


Strategic AlignmentN/A

Impact on Financial SustainabilityN/A

Stakeholder EngagementPublic notification is conducted in accordance with the controlling legislation and Council policy.

Other MattersN/A

CONCLUSIONThat Council note the information on development standard variations and development activity.


9.8 STATEMENT OF CASH AND INVESTMENTS Officer Wayne Douglass, Interim Chief Financial OfficerFile No N/AAttachments 1. Bank Reconciliation December 2019 [9.8.1 - 1 page]

2. Investment Performance Chart December 2019 [9.8.2 - 1 page]3. Investments at December 2019 [9.8.3 - 1 page]4. Bank Reconciliation January 2020 [9.8.4 - 1 page]5. Investment Performance Chart January 2020 [9.8.5 - 1 page]6. Investments at January 2020 [9.8.6 - 1 page]

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

RECOMMENDATION That the report be noted.

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

BACKGROUND Clause 212 of the regulation states:

Local Government (General) Regulation 2005

Part 9 Division 5 Clause 212

212 Reports on council investments

(1) The responsible accounting officer of a council:

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

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

(ii) 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 $48.9M in cash and investments as at 31 January 2020. This is $2.2M higher than last month.


Council’s average return on its $37.4M term deposit investments is 1.59%, which is slightly lower than last month at $1.61%.

The current budget as adopted in the September Quarterly Budget Review (QBR) is $1.1M. Market rates remain low and a further reduction in the December QBR of $127,000 is proposed.

Investment income year to date is $502,782 and remains lower than budget.

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 $48.9M 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 MANAGEMENT OF STUARTS POINT TENNIS COURTS

Councillor Bruce Morris, CouncillorFile No F19/1930Attachments Nil

PURPOSETo review the license conditions for the management of Stuarts Point Tennis Courts to require a minimum level of community access for use of the Courts and regular reporting to Council concerning the operation, use and management of the Tennis Courts. Given that the license is currently on holding over provisions, now is the ideal time to review the license conditions.

This proposal has been initiated due to a number of complaints received by Stuarts Point and District Community Organisation, from both local residents and holiday makers in relation to a lack of access to the Stuarts Point Tennis Courts.

I intend to move the following motion at the ordinary meeting of Council to be held Tuesday, 18 February 2020.

RECOMMENDATION1. That Council review the license conditions with the Stuarts Point and District Tennis Club

to require a minimum level of community access to the Tennis Courts and an annual report to Council concerning the operation, use and management of the Tennis Courts.

2. That if the Stuarts Point and District Tennis Club do not accede to minimum community access provisions and a reporting requirement that Council investigates other options for the management of the Stuarts Point Tennis Club facilities.

BACKGROUNDThe following answers were provided by Council staff in relation to the Stuarts Point Tennis Courts.

1. The Stuarts Point Tennis Courts are on council managed crown land. They are currently under license to the Stuarts Point and District Tennis Club.

2. The license is currently on holding over provisions.3. The license has no requirements to provide community access to the courts and has no

reporting requirements to Council.

SPADCO have received several complaints from both residents and tourists concerning not being able to access the Tennis Courts. The current arrangements are to book the courts and pick up the keys from a private residence, with many claiming that the contact is regularly not available. In the past, it was possible to book the courts and pick up a key from a nearby shop.

The Stuarts Point and District Tennis Club facebook page has a post that states, “Due to Reserve upgrades being conducted by Kempsey Shire Council, Stuarts Point tennis courts are temporarily unavailable for use”. SPADCO asked a Council Manager on the job site, and it was clarified that this restriction of use was not a requirement of Kempsey Shire Council for the foreshore reserve upgrade works. In addition, the Stuarts Point and District Tennis Club website indicates that the Tennis Courts are closed for major public holidays and to call for more details. Given the tennis courts proximity to the Stuarts Point Holiday Park, the courts could have a reasonable level of demand from tourists, particularly during major holiday periods.


Whilst access should be controlled, with an appropriate fee for use paid, given that the tennis courts are located on Crown Land, reasonable access should be available for all local residents and tourists.


10.2 REMOVAL OF LIBRARY LATE FINES

Councillor Bruce Morris, CouncillorFile No F19/1930Attachments Nil

PURPOSETo remove the imposition of late fines for items borrowed from Kempsey Shire Council libraries.


RECOMMENDATION1. That Council remove late fines for items borrowed at Kempsey Shire Council Libraries from

1 July 2020.2. That Kempsey Shire library staff investigate and implement alternative procedures for the

timely return of items as required.

BACKGROUNDThe collection of late fines is one of the more problematic areas within any library. It can cause angst for staff members and result in some people not utilizing the library. Whilst it can work to improve the timely return of items, it can also result in some library members ceasing to use the library, or simply waiting for an amnesty period to return overdue items. This then restricts those users and heightens the potential for the item to be lost.

Studies undertaken by other libraries that have removed late fines have experienced an increase in the number of library members and an increase in use by current members. These studies have also shown that the impact of late fines is much greater on community members that have the greatest need to access library services.

Kempsey Shire libraries had 11,414 active members as at December 2019 across all the library branches, or about 38% of our community.

The financial impact on Council in removing late fines is assessed as being minimal, if not cost neutral. The income from library fines for late books was $236.65 in FY2017/18 and $215.58 in FY 2019/19. Council also runs an annual ‘food for fines’ amnesty. Whilst the fines waived are not tracked Council staff estimate that approximately $350 in fines are waived each year.

The costs to collect the fine income is also not tracked, although this includes staff time and printing and postage costs, although where possible staff forward late fine notices by SMS or email to reduce costs. The collection and management costs of the late fines is likely to equate to the income realised.

It is important that the late return of items continues to be effectively managed, although this should be easier without the disincentive and angst caused by having to pay a fine for being a few days late. It is anticipated that the removal of late fines will reduce the instance of items being lost and never returned, although it is important that borrowers continue to be responsible for either the cost of, or replacement of items lost.


10.3 MID NORTH COAST JOINT ORGANISATION UPDATE REPORT

Councillor Bruce Morris, CouncillorFile No F19/1930Attachments 1. Bellingen Shire Council – Mid North Coast Joint Organisation Update – 27

November 2019 [10.3.1 - 6 pages]

PURPOSETo introduce the requirement for a report to Council that provides an annual update of the activities of the Mid North Coast Joint Organisation (MNCJO) of Councils. The MNCJO determines and progresses regional priorities for the benefit of the communities of the Councils represented by the member Councils. It is important that the community is provided with a summary of the activities of the Joint Organisation.

It is proposed that this update report be presented to Council on an annual basis. An example of such a report from Bellingen Shire Council, who is a member of the MNCJO is attached. This provides a sound summary of the activities of the organization.


RECOMMENDATIONThat Council receives an update report on an annual basis of the activities of the Mid North Coast Joint Organisation.

BACKGROUNDThe MNCJO is an important organization that develops regional initiatives and influences Federal and State Government agencies in the region. The importance of this body is likely to grow in the future. It is considered important that the community is aware of the programs being pursued and actioned on their behalf. Whilst the minutes of the MNCJO are available on Councils website an annual update report would provide Councillors and the community a more comprehensive and concise outline of the MNCJO activities and achievements.

The following link; https://www.bellingen.nsw.gov.au/sites/bellingen/files/public/AGENDA%20-%20ORDINARY%20MEETING%20OF%20COUNCIL%20-%2027%20NOVEMBER%202019.pdf is to the Agenda of Bellingen Shire Councils Meeting of 27 November 2019. The Update report and attachments are from page 296 to 367 of the Agenda.

https://www.bellingen.nsw.gov.au/sites/bellingen/files/public/AGENDA%20-%20ORDINARY%20MEETING%20OF%20COUNCIL%20-%2027%20NOVEMBER%202019.pdf

https://www.bellingen.nsw.gov.au/sites/bellingen/files/public/AGENDA%20-%20ORDINARY%20MEETING%20OF%20COUNCIL%20-%2027%20NOVEMBER%202019.pdf


10.4 QUESTIONS ON NOTICE

COUNCILLOR L J HAUVILLE FILE: F19/1945 DESQFNM1Have the ramps on the new Back Creek Bridge been designed to the Australian Disability Access Standard (which mandates a maximum one in fourteen slope and a regular level landing at least every nine metres)?RESPONSEThe Disability Discrimination Act 1992 has provision for non-compliance with disability access standards on the grounds of “unjustifiable hardship”. Examples of unjustifiable hardship are impracticality of design/construction or excessive cost in meeting the access standards in AS1428 - Design for Access and Mobility. The boating community expressed the view that the height of the new Back Creek footbridge be the same as the existing bridge. To accommodate this and meet the access standards would have required ramps and landings commencing at the carpark and extending the bridge approx. 100m further on the northern side or providing a series of ramps/platforms on that side at a very significant additional cost and environmental impact. An unacceptable consequence would have been denying disability access to the existing fishing/viewing platform without further additional cost. This access is currently compliant and will remain so on completion. It is noted that the bridge only gives access to a long sand track to the beach and this is not conducive to disability access. Further there is heritage value to the old bridge, with the new bridge providing for a similar profile and look in the landscape.

COUNCILLOR L J HAUVILLE FILE: F19/1945 DESQFNM2If the ramps on the new Back Creek Bridge have not been designed to the Australian Disability Access Standard what will be the cost to Kempsey Council of reconstructing the bridge to comply with the Standard?RESPONSEWithout detailed investigation and design, it is not possible to give an accurate costing. Based on the need to extend the bridge on the northern side and the more complex requirements for the alternative design on the southern side (likely more piling required) a “budget” estimate of approx. $1m additional is suggested if this option was chosen before work commenced. To reconstruct the new bridge to meet the standards would likely cost at least $2.5m-$3m. Additional environmental investigation costs and potential need for offsets would also have been incurred due to the environmental impact.

COUNCILLOR L J HAUVILLE FILE: F19/1945 DESQFNM3With at least two major injuries to young people diving off the old bridge in recent years and with regard to the Council signage at the beginning of the new Back Creek Bridge, which reads “Jumping or diving from this bridge is PROHIBITED Doing so may result in serious injury”, and, at the same time, the Council designed bridge provides a jumping/diving platform of over half a metre width by at least five metres long outside the oceanside guardrail at the top of the bridge over the water channel, is Council legally liable for any injuries to people using the provided jumping/diving platform?RESPONSE


Council has exercised its duty of care by erecting signage prohibiting jumping or diving from the new bridge. Signage prohibiting diving and jumping was in place prior to the construction of the new bridge and the entrance to the old bridge. The new bridge design includes components to protect the newly installed effluent line on the new Back Creek Bridge. There was concern that should illegal jumping or diving occur, the important infrastructure should be protected. This bridge component is not a diving platform it is place to protect the treated effluent pipe, however does lessen risks considerably for any persons standing on it rather than the pipe surface as it is slippery. Guidance was sought via Council’s insurer through the closure of the old bridge and project delivery phases.

COUNCILLOR L J HAUVILLE FILE: F19/1945 DESQFNM4When will the new Hat Head boat launching car park have line marking and signage undertaken?RESPONSELine-marking and signage have been completed on this project. Additional signage is being considered due to camping occurring in the area.

COUNCILLOR L J HAUVILLE FILE: F19/1945 GMBQFNM5What progress is being made on the Kempsey Shire Council Airport Master Plan?RESPONSEA response was provided to a similar question on the Airport Master Plan in the 28 November 2019 Business Paper (QON7, page 38).

Work has not yet commenced on the Airport Master Plan. Given the volume of work associated with the development of the Noise Management Plan (NMP) and Fly Neighbourly Advice (FNA) and the corresponding financial cost incurred during the 2019-20 financial year, it is unlikely that the Master Plan will be commenced this financial year. Completion of the Airport Master Plan will be included in the draft 2020-21 Operational Plan and the required budget allocated to complete this work.

COUNCILLOR L J HAUVILLE FILE: F19/1945 GMBQFNM6What other names were considered in the naming of the Country Universities Centre Macleay Valley?RESPONSEAs previously answered in the December 2019 Business Paper Questions on Notice (QON1, page 49), the name of the Country Universities Centre Macleay Valley was a decision of the Country Universities Centre Macleay Valley Ltd Board. This was not a decision of Council staff.

COUNCILLOR L J HAUVILLE FILE: F19/1945 GMBQFNM7Will the Kempsey Regional Saleyards Business Plan being prepared include information from an independent expert on animal welfare who has assessed the recent information of animal deaths and injuries at the Saleyards?


RESPONSENo decision has been made on whether consultants will be engaged to develop all or part of the Saleyards Business Plan. This will be determined after a cost-benefit assessment has been undertaken.

COUNCILLOR B J MORRIS FILE: F19/1945 GMBQFNM1Did Council consider the installation of photo voltaic cells at the Civic Centre when the Civic Centre roof was replaced?RESPONSEYes. However, based on the cost involved compared to future returns a decision was made not to install solar panels.

COUNCILLOR B J MORRIS FILE: F19/1945 DESQFNM2When will the stumps of the Red Cedar trees that were cut down recently be removed and the expanded tree planting areas be developed, and new trees planted?RESPONSEThe new planting are more suited to occur when cooler weather conditions exist and water restrictions are no longer in place. Pending other work commitments, the replanting work will either occur during Autumn or Spring.

COUNCILLOR B J MORRIS FILE: F19/1945 DESQFNM3Can the tree planting plots to the North of the trees removed be topped up and damaged trees replaced?RESPONSEAs part of Civic Services winter works program, tree crowns will be up lifted and mulch will be replenished. One tree was damaged in strong winds a few weeks ago with staff undertaking remedial pruning. The tree is now actively growing and should not require replacement; however, its recovery will be monitored.

COUNCILLOR B J MORRIS FILE: F19/1945 DESQFNM4What are the details of the playground renewal that an Everyone Can Play Grant has been lodged for at Hat Head?RESPONSEA funding application was submitted for replacement of the playground at Hat Head Reserve. Elements include new play equipment, wheelchair accessible BBQ’s and picnic tables, new landscaping and footpath linkages enabling the area to be accessible to all.

COUNCILLOR A P PATTERSON FILE: F19/1945 GMSQFNM1Can Council remove the white Toyota Corolla from out the front of Greenhill on River St that is been vandalised and is unregistered?RESPONSE


At the time of this question being asked the vehicle was awaiting the metal recycler to collect the vehicle. A notice to impound/destroy had been issued prior to that, with the vehicle failed to be removed within 3 days. The vehicle was subsequently removed.

COUNCILLOR A P PATTERSON FILE: F19/1945 SMMQFNM2Can we have a report on the success of the Kempsey Majestic Cinema in numbers of viewings and jobs created?RESPONSEAs previously reported the cinema has created five new jobs at management and supervisory level and 15 new jobs for young people. Council does not have access to detailed patronage data, but it is understood that patronage is in line with expectations.

COUNCILLOR D F SAUL FILE: F19/1945 DESQFNM1When will baits be laid to combat increasing numbers of rabbits in Cyrus Saul Circuit?RESPONSEThe baiting program was undertaken from 20 January 2020 and is now complete.

COUNCILLOR L J HAUVILLE FILE: F19/1945 GMBQON1What was the detailed cost of installing the public amenities block at Back Creek, South West Rocks in December last year?RESPONSEAll invoices have not been received or finalised yet on the project but the total anticipated cost for the amenities building and related works, including all services (sewer, water and electrical mains), car parking, footpaths, roadworks to service it is $320,000. This figure also includes the necessary environmental, cultural and Native Title Investigations required for the facility. The project is jointly funded through the NSW State Government Stronger Countries Communities Grant, NSW Crown Land Reserves and Kempsey Shire Council.

COUNCILLOR L J HAUVILLE FILE: F19/1945 GMBQON2Has there been any progress in arranging Electric Car Charging Stations in the Shire?RESPONSEIn April 2019, Council provided a letter of support to NRMA to access funding for Electric Car Charging Stations. As part of this process, Council assessed available sites within the Shire that would meet the location criteria set out by NRMA. Council has recently completed an Expression of Interest with NRMA for the placement of a Fast Vehicle Charging Station within the Kempsey CBD. Council will continue to explore locations and grant opportunities for the installation of these charging stations to attract motorists into the Shire and generate economic income to the local community.

COUNCILLOR L J HAUVILLE FILE: F19/1945 RAF


QON3When will the Shire Community be informed of the progress in having a second Macleay River Traffic Bridge between South Kempsey and West Kempsey constructed?RESPONSECouncil has partnered with NSW Roads and Maritime Services to work together to undertake a strategic assessment of the project and to prepare a strategic business case. The objective of a strategic business case is to confirm justification for the project, consider the project’s strategic fit and suitability for further development, and it will be used to inform whether to proceed with a detailed business case. The intention is not to decide and consult on a preferred option as part of the strategic assessment phase, this will form part of the detailed business case if the project progresses to the next stage. Preliminary studies have been undertaken to inform the strategic business case and relevant landowners have been consulted to enable completion of these studies. A consultant has recently been engaged to prepare the strategic business case and once this has been completed, Council will be in a position to communicate the outcome to the community.

COUNCILLOR L J HAUVILLE FILE: F19/1945 JPGQON4What percentage of Kempsey Council Staff live within the Shire?RESPONSE80% of council staff reside in the Kempsey Shire.

COUNCILLOR L J HAUVILLE FILE: F19/1945 RAFQON5When will Council provide an update to the Community on the reasons for the delay in delivering the Mid Coast High Performance Centre at South West Rocks?RESPONSEDiscussion has occurred with key stakeholders involved in the project following the tendering phase, noting that the submission and assessment of tenders is a confidential process. A further report is included in the February 2020 Council Meeting Business Paper, the outcome of which would be expected to enable updating of the community.

COUNCILLOR L J HAUVILLE FILE: F19/1945 LJH/WWDQON6Is the South West Rocks Library and Community Centre included in the Council’s Long-Term Financial Plan?RESPONSEThe project is not currently funded in the Long-Term Financial Plan.

COUNCILLOR L J HAUVILLE FILE: F19/1945 RAFQON7What amount of money is available in the South West Rocks Section 94 Contributions Plan for contributions to the South West Rocks Library and Community Centre, if there were a successful Grant application for its construction?


RESPONSEThe South West Rocks Section 94 Plan includes items for Library Facilities and a Multi-Purpose Community Centre. Funds collected for these purposes total $198,000.

The plan provides for funds collected across various activities (such as community facilities, open space and bushland, traffic and transport management, public domain improvements, stormwater management, other services and contribution planning and administration) to be pooled. This means that funds collected from other activities under the plan could be used for the purposes of a library or community centre, however ultimately these must be reimbursed.

COUNCILLOR L J HAUVILLE FILE: F19/1945 SMM/LJH/JLMQON8Will the Community Engagement Strategy be utilised in any way prior to any expenditure of the $1 million bushfire recovery money and the $1 million drought recovery money?RESPONSEYes. An outline of the Recovery Action Plan including current and proposed community engagement will be tabled at the March 2020 meeting.

COUNCILLOR B J MORRIS FILE: F19/1945 RAFQON1Has the Review of Environmental Factors for the construction and sealing of Point Plomer Road been completed?RESPONSENo, the assessment process is in progress.

COUNCILLOR B J MORRIS FILE: F19/1945 RAFQON2What is the anticipated completion date for the design documentation and tender documents for the construction and sealing of Point Plomer Road?RESPONSEThe consultant undertaking this work is expected to complete this work during March.

COUNCILLOR B J MORRIS FILE: F19/1945 GMBQON3What has been the total income and expenditure at Kempsey Airport, by quarter for the past 6 quarters?RESPONSE


Note: Landing fees and charges collected by third party agent ABaSS will not register to Council’s airport financials until Q3 2019/20.

COUNCILLOR B J MORRIS FILE: F19/1945 RAFQON4Has the speed limit for Point Plomer Road, post construction and sealing been determined? If it has what is the proposed speed limit and does it vary along the length of the road? If not determined, when will this be determined?RESPONSENo it hasn’t.

This has been referred to RMS (now Transport for NSW) who determine speed limits. However, for this to occur requires completion of the design to enable proper assessment.

COUNCILLOR B J MORRIS FILE: F19/1945 RAFQON5When is it anticipated that the construction and sealing of Point Plumer Road will be advertised for tender?RESPONSESubject to satisfactory completion of design, Review of Environmental Factors and resolution of property matters, the project could go to tender from as early as the end of March 2020.

COUNCILLOR B J MORRIS FILE: F19/1945 RAFQON6Follow QFNM4 has the Hat Head community been engaged in relation to the scope of works for this playground upgrade as submitted?RESPONSEEngagement has not yet occurred however given the condition and standard of the playground grant funding has been sought. If successful an engagement process shall be put in place to assist delivery, similar to previous playground renewal projects.

COUNCILLOR B J MORRIS FILE: F19/1945 RAFQON7When is it anticipated that a report will be presented to Council to consider tenders for the construction and sealing of Point Plumer Road?


RESPONSEGiven the response to QON7 reporting to Council would be May 2020 at the earliest.

COUNCILLOR B J MORRIS FILE: F19/1945 DSTQON8What is the criteria for the answer to a Councillors question to be included in the weekly Councillor Update as opposed to an answer being provided directly to the Councillor?RESPONSEAll Councillor questions should be responded to in the Councillor Update excepting those deemed as informal under clause 3a of the Councillor Communication Procedure, those being questions that are minor and not significant, requiring minimal work or effort, and not considered to be contentious.

COUNCILLOR B J MORRIS FILE: F19/1945 RAFQON9When is it anticipated that the successful contractor would commence work on the construction and sealing of Point Plumer Road?RESPONSEGive the response to QON7 and QON9, construction work commencement would be July 2020 at the earliest.

COUNCILLOR B J MORRIS FILE: F19/1945 GMBQON10Will the community be advised, of the Terms of Reference for the impact assessment in relation to changing the management of annual license holders and permanent residents’ sites within Council’s holiday parks, as resolved at Item 9.4 of Councils Ordinary Meeting of 17 December 2019? When is it anticipated that these impact assessments will commence?RESPONSECouncil is currently developing a Community Engagement Plan for the Holiday Park engagement. The Engagement Plan will include a timeline for when key activities are likely to occur. The Terms of Reference for the social and economic impact assessments will be attached to the engagement plan. Once completed and finalised, the engagement plan will be publicly available on Council’s Your Say Macleay platform.

COUNCILLOR B J MORRIS FILE: F19/1945 RAFQON11What is the current status of the sewer reticulation to the southern interchange? When is it anticipated that this project would commence?RESPONSEApprovals have been successfully gained for relevant aspects of the work from Essential Energy and RMS (now Transport for NSW). Geotechnical investigations are complete. Detailed survey and the final detailed design are being completed concurrently. Once the final design is complete, tender documents will be completed to enable the project to go to tender as early as the end of March 2020. If this timeline is achieved construction could


commence mid 2020. Contributions from benefiting landowners do however require resolution so may delay the awarding of a contract.

COUNCILLOR B J MORRIS FILE: F19/1945 RAFQON12The most recent image shown on the Sherwood Bridge flood camera is for 23 April 2019. When will this camera be operational?RESPONSEA new camera has been ordered and is expected to take 3 weeks for delivery. Once received it shall be installed.

COUNCILLOR B J MORRIS FILE: F19/1945 LJHQON13Council 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?RESPONSEAn update on this item has been provided in the Matters in Progress attached to the Quarterly Report.


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 ProceedingsThis 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 SUPPLY AND DELIVERY OF PASSENGER, TRUCK AND EARTHMOVER TYRES

Officer Vicki Thomas, Coordinator Procurement & Fleet ManagementFile No F19/1957

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

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 BULK BITUMEN EMULSION - TENDER ASSESSMENT

Officer Robert Fish, Director Operations and PlanningFile No F19/1957



11.4 MID NORTH COAST HIGH PERFORMANCE CENTRE TENDERS

Officer Robert Fish, Director Operations and PlanningFile No TQE19/24




12 CONCLUSION OF THE MEETING

commencing at 9:00 am corner tozer and elbow streets, west ... · ordinary council meeting - 18...

Documents