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Kempsey Shire Council – ordinary meeting 18 April 2017 Page 1
MINUTES OF THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL 18 April 2017 commencing at 9.03am. PRESENT: Councillors E A Campbell (Mayor and Chairman), M J Baxter, L J Hauville, S E McGinn, B J Morris, A P Patterson, D F Saul, A T Shields and A J Williams General Manager, D L Rawlings; Director Sustainable Environment, R B Pitt; Director Community Engagement, K E Oliver; Director Infrastructure Services, R J Scott; Director Corporate Management, D B Hagger; Manager Information Management and Governance, D S Thoroughgood; and Minute Taker D M Pearson.
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 THE TRADITIONAL ABORIGINAL LAND OWNERS “Council acknowledges that this meeting is being held on the traditional lands of the Dunghutti People”.
3 APOLOGIES Nil
4 DECLARATIONS OF INTEREST Nil
5 ASSESSMENT OF ITEMS LISTED FOR CONFIDENTIAL CONSIDERATION
2017.108 RESOLVED: Moved: Cl. Saul Seconded: Cl. Patterson That the confidential reports be considered in the confidential section of the meeting.
Kempsey Shire Council – ordinary meeting 18 April 2017 Page 2
6 CONFIRMATION OF MINUTES
2017.109 RESOLVED: Moved: Cl. Patterson Seconded: Cl. Williams That the minutes of the ordinary meeting of Kempsey Shire Council dated 21 March 2017 be confirmed.
7 CITIZENSHIP CEREMONIES Nil
8 PUBLIC FORUM / PRESENTATIONS Public Forum Nil Presentations
Nil
9 CONSIDERATION MOTIONS FOR CHANGES TO THE ORDER OF BUSINESS
2017.110 RESOLVED: Moved: Cl. Hauville Seconded: Cl. Baxter That item 13.13 and item 13.5 be brought forward and dealt with prior to item 12.1 and the remaining Agenda Order of Business be adopted.
10 CONSIDERATION OF REPORTS RELATING TO PUBLIC FORUM MATTERS Nil
11 CONSIDERATION OF REPORTS RELATING TO A CONSENSUS MOTION
2017.111 RESOLVED: Moved: Cl. Shields Seconded: Cl. Williams That recommendations in items 13.9 - 13.11, 18.1 and 20.1 be adopted.
ITEM 13.9 BACK CREEK BOATING ACCESS IMPROVEMENTS INVESTIGATION
Kempsey Shire Council – ordinary meeting 18 April 2017 Page 3
Contact Person: Trevor Dickson – Manager Technical & Civic Services File: F12/1718
PURPOSE To present the draft investigation undertaken by Roads and Maritime Services (RMS) into boating access improvements for Back Creek, South West Rocks ahead of planned community consultation.
2017.112 RESOLVED: Moved: Cl. Shields Seconded: Cl. Williams That the draft Back Creek Boating Access Improvements Investigation report be placed on public exhibition for a period of 28 days.
ITEM 13.10 RELATED PARTY DISCLOSURES POLICY
Contact Person: Kathy Oliver – Director Community Engagement File: F12/1933
PURPOSE To provide Council with information on the changes to Australian Accounting Standards Board’s (AASB) 124 Related Party Disclosures to extend the scope of the Standard to include not-for-profit sector entities from 1 July 2016; this includes the Local Government Sector.
2017.113 RESOLVED: Moved: Cl. Shields Seconded: Cl. Williams That the Related Party Disclosures Policy 5.14 be adopted.
ITEM 13.11 TENDER FOR THE SUPPLY AND DELIVERY OF PASSENGER, TRUCK AND EARTHMOVER TYRES
Contact Person: Kathy Oliver – Director Community Engagement File: F12/303
PURPOSE To select the best fit for purpose supplier from the submissions received by the Tender Evaluation Panel for the Supply and Delivery of passenger, truck and earthmover tyres.
2017.114 RESOLVED: Moved: Cl. Shields Seconded: Cl. Williams 1 That the tenders from Leicht’s Tyre and Auto, Mulvey’s Tyre Services, Bridgestone
Australia Ltd and Tyres4U Pty Ltd be accepted to form a Supplier Panel for the period 19 April 2017 to 31 December 2018.
2 That provision be allowed for a 12 month extension based on satisfactory supplier
Kempsey Shire Council – ordinary meeting 18 April 2017 Page 4
performance which may take this contract through to 31 December 2019.
ITEM 18.1 KEY PERFORMANCE INDICATORS
Contact Person: Kathy Oliver – Director Community Engagement File: F12/1908
PURPOSE Updating status of key performance indicators.
2017.115 RESOLVED: Moved: Cl. Shields Seconded: Cl. Williams That the information be noted.
ITEM 20.1 VARIOUS LEGAL MATTERS
Contact Person: Daryl Hagger – Director Corporate Management File: F12/250-05
Section 10A(2)(g) – Legal Proceedings This report is submitted on a confidential basis as it involves advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege. (Local Government Act 1993, Section 10A (2)(g)) On balance, the public interest in preserving the confidentiality of the advice outweighs the public interest in openness and transparency in Council decision making by discussing the matter in open meeting. PURPOSE Reporting on the current position regarding legal matters.
2017.116 RESOLVED: Moved: Cl. Shields Seconded: Cl. Williams That the information be noted.
ITEM 13.13 STATEMENT OF CASH AND INVESTMENTS
Contact Person: Deanna O’Neill – Manager Finance File: N/A
PURPOSE Reporting on the statement of bank balance and investments for the month of March 2017.
Kempsey Shire Council – ordinary meeting 18 April 2017 Page 5
MOVED Moved: Cl. McGinn Seconded: Cl. Shields That the information be noted. An Amendment was MOVED: Moved: Cl. Hauville Seconded: Cl. Patterson That the statement of cash and investments of Council be itemised for all accounts and their purposes. The AMENDMENT was PUT to the Meeting and was LOST.
2017.117 The MOTION was PUT to the MEETING and was CARRIED.
ITEM 13.5 SUPPLY AND INSTALL KEMPSEY AIRPORT FUEL SYSTEM
Contact Person: Susannah Smith – Manager Economic Sustainability File: F12/1613
PURPOSE To seek Council’s endorsement of Australian Fuelling Systems and Equipment as the preferred tenderer for the supply and installation of a new fuel system for Kempsey Airport, including the proposed funding model comprising the NSW Government loan, an internal loan and an external loan from the Australian International Aviation College. MOVED Moved: Cl. Shields Seconded: Cl. Williams That the lump sum tender submitted by Australian Fuelling System and Equipment for the amount of $409,359.50 (including GST), for the supply and installation of the new Kempsey Airport fuel system be accepted. WORKSHOP
2017.118 RESOLVED: Moved: Cl. Morris Seconded: Cl. Patterson That Council move into workshop to allow discussion in open Council on item 13.5 MOTION TO RESUME COUNCIL MEETING
2017.119 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Shields That the formal Council meeting be resumed. An Amendment was MOVED: Moved: Cl. Morris Seconded: Cl. Patterson
Kempsey Shire Council – ordinary meeting 18 April 2017 Page 6
1 That the lump sum tender submitted by Australian Fuelling System and Equipment for the
amount of $409,359.50 (including GST), for the supply and installation of the new Kempsey Airport fuel system be accepted.
2 That the installation of the fuelling system at Kempsey airport be done without taking a loan
from AIAC 3 That a separate report be returned to Council detailing the actual costs of the civil and
electrical works undertaken as part of this project.
2017.120 The AMENDMENT was PUT to the MEETING and was CARRIED.
2017.121 The MOTION was PUT to the MEETING and was CARRIED. Councillor Hauville recorded his vote against the foregoing Motion.
12 MAYORAL MINUTES
ITEM 12.1 LOCAL GOVERNMENT NSW ANNUAL CONFERENCE 2017
Contact Person: Liz Campbell - Mayor File: F12/1720
PURPOSE Reporting that the Local Government NSW Annual Conference in 2017 is to be held from 3 December to 6 December 2017 in Sydney.
2017.122 RESOLVED Moved: Cl. Campbell 1 That preliminary conference registration and accommodation reservations be made for the
attendance of the Mayor and two other delegates as nominated council delegates. 2 That the two other voting delegates be the Deputy Mayor and Councillor Saul. 3 That the attendance of Councillors Morris, Saul, Williams, Hauville and Shields be endorsed
for registration.
13 STAFF REPORTS
ITEM 13.1 PLANNING PROPOSAL OLD STATION ROAD, VERGES CREEK REZONING
Contact Person: Robert Pitt – Director Sustainable Environment File: RZ-17-1
PURPOSE Reporting that a Planning Proposal has been prepared to amend Kempsey Local Environmental Plan
Kempsey Shire Council – ordinary meeting 18 April 2017 Page 7
(KLEP) 2013 to rezone a portion of land from RU1 – Primary Production to R5 – Large Lot Residential, with a minimum lot size of one (1) hectare at Old Station Road, Verges Creek.
2017.123 RESOLVED Moved: Cl. Morris Seconded: Cl. Saul That the Planning Proposal and associated documentation be submitted to the Minister for Planning for consideration of issuing a “gateway” determination pursuant to Section 56 of the Environmental Planning and Assessment Act 1979. A Division resulted in the following votes. F = Voted For A = Voted Against
Baxter F Campbell F Hauville F McGinn F Morris F
Patterson F Saul F Shields F Williams F
ITEM 13.2 PLANNING PROPOSAL LE BROCQS LANE/GOWINGS HILL ROAD, DONDINGALONG
Contact Person: Robert Pitt – Director Sustainable Environment File: KLEP2013-AM-19
PURPOSE To advise that a Planning Proposal has been prepared to amend Kempsey Local Environmental Plan (KLEP) 2013 to change the zoning and minimum lot size for two adjacent rural land parcels in Dondingalong.
2017.124 RESOLVED Moved: Cl. Saul Seconded: Cl. Morris That the Planning Proposal and associated documentation be submitted to the Minister for Planning for consideration of issuing a “gateway determination” pursuant to Section 56 of the Environmental Planning and Assessment Act 1979. A Division resulted in the following votes. F = Voted For A = Voted Against
Baxter F Campbell F Hauville F McGinn F Morris F
Patterson F Saul F Shields F Williams F
The Mayor noted that the forgoing resolution was passed UNANIMOUSLY.
ITEM 13.3 FLY NEIGHBOURLY AGREEMENT – KEMPSEY AIRPORT
Kempsey Shire Council – ordinary meeting 18 April 2017 Page 8
Contact Person: Robert Pitt – Director Sustainable Environment File: F12/1895
PURPOSE To advise Council of the intended procedure for preparing a Noise Management Plan, including a draft Communications and Engagement Plan that will underpin a Fly Neighbourly Agreement between Council and existing airport users and to seek a resolution of Council to prepare a Noise Management Plan and Fly Neighbourly Agreement for all users of Kempsey Airport.
2017.125 RESOLVED Moved: Cl. Shields Seconded: Cl. McGinn That the procedure for preparing a Noise Management Plan and entering into a Fly Neighbourly Agreement between Council and current airport users as detailed in the following report be endorsed. At this stage 10.30am the meeting adjourned for morning tea and upon resumption at 10.54am all present at the adjournment were in attendance.
ITEM 13.4 CORPORATE BUSINESS SYSTEMS REPLACEMENT
Contact Person: Daniel Thoroughgood – Manager Information Management & Governance
File: TQE16/13
PURPOSE To enter into negotiations following rejection of all tenders for tender TQE16/13 Corporate Business Systems Replacement
2017.126 RESOLVED Moved: Cl. McGinn Seconded: Cl. Hauville 1 That under Section 178(3) of the Local Government (General) Regulation 2005 no tender
offers be accepted as these offers exceeded the approved budget allocation. 2 That under Section 178(3)(e) of the Local Government (General) Regulation 2005
negotiations be entered into with Civica Pty Limited and TechnologyOne Limited. 3 That the outcomes of these negotiations be reported back to a future meeting of the
council for authorisation. 4 That fresh tenders for the works not be invited as it is considered that going to the market
again would more than likely produce the same results given the limited number of market suppliers.
Kempsey Shire Council – ordinary meeting 18 April 2017 Page 9
ITEM 13.6 SOUTH KEMPSEY PRESSURE SEWERAGE SYSTEM
Contact Person: Anne-Maree Burke – Manager Water Strategy File: F12/1610
PURPOSE To consider an option for funding a low pressure sewerage system along Macleay Valley Way at South Kempsey to service proposed and potential industrial developments.
2017.127 RESOLVED Moved: Cl. Morris Seconded: Cl. Shields 1 That construction of a low pressure sewer scheme for the proposed and potential industrial
developments along Macleay Valley Way at South Kempsey be considered as a priority project in the draft delivery program.
2 That should the grant application under the Building Better Regions (BBR) fund be
successful: a The grant be accepted. b The General Manager and Mayor be delegated to execute the funding agreement
under Council’s seal where necessary. c Acceptance of the grant be subject to obtaining the negotiated upfront payments
from key stakeholders from 1 July 2017. d A 10 year loan be taken for the balance of funding ($585,000) to finance the
construction of the pressure sewer system. e $0.50 per quarter be levied under s.501 of the Local Government Act upon every
sewer connection in the Kempsey Shire for the 2017/2018 financial year as part of the normal sewer access charge.
ITEM 13.7 MATTERS IN PROGRESS
Contact Person: David Rawlings – General Manager File: F12/1930
PURPOSE To update Councillors on the progress of resolutions of Council MOLVED Moved: Cl. Shields Seconded: Cl. Williams That the information be noted. An Amendment was MOVED: Moved: Cl. Hauville
Kempsey Shire Council – ordinary meeting 18 April 2017 Page 10
Seconded: Cl. Morris The closing date of progress in matters is stated at the beginning of each department’s section. The AMENDMENT was PUT to the Meeting and was LOST.
2017.128 The MOTION was PUT to the MEETING and was CARRIED.
ITEM 13.8 COUNCILLOR REQUEST FOR INFORMATION
Contact Person: David Rawlings – General Manager File: F12/1945
PURPOSE To provide advice on a Councillor's request for information that has not been provided.
2017.129 RESOLVED Moved: Cl. McGinn Seconded: Cl. Shields That the information be noted.
ITEM 13.12 LEASE REQUEST - RUDDER PARK – NSW GOVERNMENT TELCO AUTHORITY
Contact Person: Robert Scott – Director Infrastructure Services File: F12/1956, LA1956, LA1957
PURPOSE To consider a request from the NSW Government Telco Authority for the lease of part Rudder Park, East Kempsey, as part of the Critical Communications Enhancement Program.
2017.130 RESOLVED Moved: Cl. Morris Seconded: Cl. Saul 1 That the use of Rudder Park for the rollout of the Critical Communications Enhancement
Program be supported. 2 That subject to the successful completion of a Plan of Management and Planning
Approvals, a lease be entered into on the terms set out in correspondence dated 15 February 2017 from the NSW Government Telco Authority.
3 That the General Manager be delegated authority to sign the lease documents.
ITEM 13.14 DEVELOPMENT APPROVALS AND CONSTRUCTION CERTIFICATES
Contact Person: Robert Pitt – Director Sustainable Environment File: N/A
Kempsey Shire Council – ordinary meeting 18 April 2017 Page 11
PURPOSE To report that the following applications have been approved for the period of March 2016 and includes approvals by Private Certifiers.
2017.131 RESOLVED Moved: Cl. McGinn Seconded: Cl. Shields That the information be noted.
14 RESCISSION MOTIONS Nil
15 NOTICES OF MOTION
ITEM 15.1 COMMUNITY CATCH-UPS
Contact Person: Ashley Williams - Councillor File: F12/2036
MOVED Moved: Cl. Williams Seconded: Cl. Hauville That the Communications Strategy, currently being prepared, gives consideration to include at least quarterly Community Catch-ups to be held in our towns and villages; ideally visiting all over a two year period.
2017.132 RESOLVED Moved: Cl. Shields Seconded: Cl. Williams That the MOTION be PUT.
2017.133 The MOTION was PUT to the MEETING and was CARRIED.
ITEM 15.2 SOUTH WEST ROCKS COMMUNITY CENTRE
Contact Person: Leo Hauville – Councillor File: F12/2037
MOVED Moved: Cl. Hauville Seconded: Cl. Baxter 1 That Council prepare an options and a concept plan for a building at South West Rocks
incorporating meeting areas, a new Library and Council contact centre with a report to the July Council meeting
2 That the investigation and concept plan is to include
Kempsey Shire Council – ordinary meeting 18 April 2017 Page 12
a an assessment of the options for possible sites, analysed by their
constraints/opportunities b identification of suitable parking and access arrangements or the potential impact on
adjoining infrastructure c concept building layouts and elevations so the size and scale of the building can be
easily seen. d an estimate of construction and ongoing operation costs undertaken by a quantity
surveyor 3 a That opportunities to seek State and Federal grant funding be assessed and the
investigations progress to a stage where the information would support an application for grant funding
b that council write to state and federal MPs seeking support and advice on funding 4 That community consultation be undertaken with a prime focus on the requirements of the
ever-growing South West Rocks Senior Citizens Association.
An Amendment was MOVED: Moved: Cl. Shields Seconded: Cl. Morris That a concept plan for a community centre for South West Rocks be considered in the upcoming Delivery Plan. WORKSHOP
2017.134 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Patterson That Council move into workshop to allow discussion in open Council on item 15.2. MOTION TO RESUME COUNCIL MEETING
2017.135 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Morris That the formal Council meeting be resumed.
2017.136 The AMENDMENT was PUT to the MEETING and was CARRIED.
2017.137 The MOTION was PUT to the MEETING and was CARRIED.
16 DELEGATES REPORT Nil
Kempsey Shire Council – ordinary meeting 18 April 2017 Page 13
17 COMMITTEE REPORTS
ITEM 17.1 LOCAL TRAFFIC COMMITTEE MEETING HELD ON 29 MARCH 2017
Contact Person: Robert Scott – Director Infrastructure Services File: F12/1958
PURPOSE For Council to adopt the minutes of the informal Local Traffic Committee meeting 29 March 2017 MOVED Moved: Cl. McGinn Seconded: Cl. Saul That the recommendations of the informal Local Traffic Committee meeting 29 March 2017 be adopted. An Amendment was MOVED: Moved: Cl. Hauville Seconded: Cl. Morris That the recommendations of the informal Local Traffic Committee meeting 29 March 2017 be adopted and request the committee amend their minutes to clarify in the attendance report whether members attended in person or by email. The AMENDMENT was PUT to the Meeting and was LOST.
2017.138 The MOTION was PUT to the MEETING and was CARRIED.
18 DELIVERY PROGRAM PERFORMANCE INDICATORS
19 COUNCILLOR QUESTIONS
2017-4-18
RJS SOD-01-04
COUNCILLOR B J MORRIS FILE: F12/1945 QFNM1 Could Councillors be given an update on the CBD parking study? The last request for this about 19 months ago and I was advised there would be another snapshot taken approximately 12 months after the completion of Smith Street. Where is this project up to?
2017-4-18
RJS HD-04-07
COUNCILLOR B J MORRIS FILE: F12/1945
QFNM2
In relation to free waste vouchers; what is the uptake of the free waste vouchers since they
have been implemented and what is the current charge within the waste rates for those
vouchers?
Kempsey Shire Council – ordinary meeting 18 April 2017 Page 14
2017-4-18
RBP HD-02-06
COUNCILLOR B J MORRIS FILE: F12/1945
QFNM3
Can Council be provided with an update on the progress of the Crescent Head CBD master
plan? Whist there have been comments on the matters in progress there appears to have
been changes and delays in this project.
2017-4-18
DLR WD-03-02
COUNCILLOR B J MORRIS FILE: F12/1945
QFNM4
Can Councillors be advised when the communications strategy, or the information required
by the Office of Local Government for the cinema PPP, will be progressed?
2017-4-18
KEO SOD-02-01
COUNCILLOR A P PATTERSON FILE: F12/1945
QFNM1
Does Council have a plan for disability care for the Macleay?
2017-4-18
RJS HD-04-07
COUNCILLOR A P PATTERSON FILE: F12/1945
QFNM2
Will the rubbish bin be replaced on the corner of West Street and Middleton Street?
2017-4-18
RJS HD-04-07
COUNCILLOR A P PATTERSON FILE: F12/1945
QFNM3
What has been the result, up to now, on the plan to put into place to reduce rubbish and litter at Sherwood Bridge?
2017-4-18
RJS WD-05-03
COUNCILLOR A P PATTERSON FILE: F12/1945
QFNM4
When is the start date for the South Kempsey Gowings Hill Road development?
2017-4-18
RJS HD-04-02
COUNCILLOR A P PATTERSON FILE: F12/1945
QFNM5
What is the timeframe for Council to reopen beach access at Hat Head?
Kempsey Shire Council – ordinary meeting 18 April 2017 Page 15
2017-4-18
RJS HD-04-06
COUNCILLOR D F SAUL FILE: F12/1945
QFNM1
What are the current drainage issues in Hughes Place Frederickton?
2017-4-18
RBP HD-04-05
COUNCILLOR D F SAUL FILE: F12/1945
QFNM2
Has Council any knowledge of when the Local Land Services will release the calicivirus to
control the wild rabbit plague in Frederickton?
2017-4-18
RJS WD-05-03
COUNCILLOR D F SAUL FILE: F12/1945
QFNM3
Can we have an updated cost of maintaining Point Plomer Road?
2017-4-18
RBP HD-04-05
COUNCILLOR M J BAXTER FILE: F12/1945
QFNM1
Does the Council work in partnership with Local Land Services in addressing wild infestation,
flood mitigation and the wild dog problem. Can we have a report on partnership strategies on
these issues?
2017-4-18
RBP HD-05-02
COUNCILLOR M J BAXTER FILE: F12/1945
QFNM2
Can we have a report on Council strategy to address the creation of affordable housing in the
valley?
2017-4-18
RJS WD-05-03
COUNCILLOR M J BAXTER FILE: F12/1945
QFNM3
Can the Council, in partnership with the Port Macquarie Hastings Council prepare a proposal
for the State Government grants to help seal Maria River Road?
2017-4-18
KEO SOD-04-01
COUNCILLOR L J HAUVILLE FILE: F12/1945
QFNM1
Can Council be provided with itemised account of expenditure for the Macleay River Festival
Kempsey Shire Council – ordinary meeting 18 April 2017 Page 16
and are there plans for future festivals?
2017-4-18
RBP WD-05-03
COUNCILLOR L J HAUVILLE FILE: F12/1945
QFNM2
How many lessees and airport users were documented as being consulted for the Kempsey
Airport Concept Plan?
2017-4-18
RJS WD-05-03
COUNCILLOR L J HAUVILLE FILE: F12/1945
QFNM3
Is there an agreement on how the traffic accesses the correctional facility?
2017-4-18
DLR CAD-01-03
COUNCILLOR L J HAUVILLE FILE: F12/1945
QFNM4
Does the Office of Local Government require remuneration and bonus payments to the
General Manager to be reported at Council publicly and in the annual report?
20 CONFIDENTIAL ITEMS 21 CONCLUSION There being no further business, the meeting terminated at 12.45pm.