Ordinary Council Meeting - 18 December 2018 Page 1
Minutes of the Ordinary meeting of Kempsey Shire Council18 December 2018 commenced at 9.04 am
Ordinary Council Meeting - 18 December 2018 Page 2
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
Acting General Manager, S M Mitchell; Acting Director Corporate and Commercial, L J Harper; Director Operations and Planning, R A Fish; Manager Governance and Information Services, D S Thoroughgood; and Minute Taker M L Peterson.
The Mayor informed all present that Council permits the electronic recording and broadcasting of the proceedings of Council which are open to the public. Your attendance at this meeting is taken as consent of the possibility that your image and your voice may be recorded and broadcast to the public.
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 LANDOWNERS
“Council acknowledges that this meeting is being held on the traditional lands of the Dunghutti People”.
2018.313RESOLVED: MOVED: Cl Campbell
That this meeting will break for lunch at 12.45 pm and resume at 1.15 pm with the Confidential items, if they have not passed within the consensus motion considered at 1.15 pm. If this meeting has not completed all business by 2.45 pm all further business will be carried over to the February meeting of Council.
FOR: Cl Saul, Cl McGinn, Cl Patterson, Cl Williams, Cl Baxter, Cl Shields, Cl CampbellAGAINST: Cl Hauville, Cl Morris
3 APOLOGIES
Nil
4 DECLARATIONS OF INTEREST
Cl Hauville declared a non-pecuniary non-significant interest in item 15.8 for the reason that he lives within the 10 kilometre Fly Neighbourly Advice radius of the Kempsey Airport.
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Cl Morris declared a non-pecuniary non-significant interest in item 15.8 for the reason that he, his daughter, her husband, his mother-in-law and her son live within 3 nautical miles of the Kempsey Airport.
Cl Patterson declared a non-pecuniary non-significant interest in item 15.8 for the reason that he lives within 3 nautical miles and 10 kilometres of the Kempsey Airport.
5 ASSESSMENT OF ITEMS LISTED FOR CONFIDENTIAL CONSIDERATION
2018.314RESOLVED: MOVED: Cl McGinn
SECONDED: Cl Patterson
That the confidential reports be considered in the confidential section of the meeting.
FOR: Cl Saul, Cl McGinn, Cl Patterson, Cl Williams, Cl Baxter, Cl Shields, Cl CampbellAGAINST: Cl Hauville, Cl Morris
6 CONFIRMATION OF MINUTES
MOVED: MOVED: Cl PattersonSECONDED: Cl Saul
1 That the minutes of the ordinary meeting of Kempsey Shire Council dated 20 November 2018 be confirmed.
2 That the minutes of the extraordinary meeting of Kempsey Shire Council dated 4 December 2018 be confirmed.
An AMENDMENT was MOVED: MOVED: Cl HauvilleSECONDED: Cl Morris
1 That the minutes of the ordinary meeting of Kempsey Shire Council dated 20 November 2018 be confirmed with the addition at item 6, that the original amendment moved by Cl Hauville contained the transcript of the points of order. The advice from the General Manager was that this was not allowed by custom and practice by Councils.
2 That the minutes be varied to include a statement that the meeting is being webcast and that resolution 2018.298 be reworded to link paragraph 7 to paragraph 4.
3 That the minutes be redrafted and brought back for consideration at the February Council meeting.
FOR: Cl Hauville, Cl MorrisAGAINST: Cl Patterson, Cl Baxter, Cl Williams, Cl Saul, Cl McGinn, Cl Shields, Cl Campbell
The AMENDMENT was PUT to the Meeting and was LOST
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An AMENDMENT was MOVED: MOVED: Cl HauvilleSECONDED: Cl Morris
That the minutes of the extraordinary meeting of Kempsey Shire Council dated 4 December 2018 be confirmed with the mover of item 6.1 changed to Councillor Morris
FOR: Cl Morris, Cl HauvilleAGAINST: Cl Patterson, Cl Baxter, Cl Saul, Cl Campbell, Cl Shields, Cl Williams, Cl McGinn
The AMENDMENT was PUT to the Meeting and was LOST
An AMENDMENT was MOVED: MOVED: Cl MorrisSECONDED: Cl Hauville
That the minutes of the extraordinary meeting of Kempsey Shire Council dated 4 December 2018 be confirmed subject to the inclusion of the procedural motion moved by Councillor Morris immediately prior to the conclusion of the meeting that was not resolved.
FOR: Cl Morris, Cl HauvilleAGAINST: Cl Patterson, Cl Baxter, Cl Saul, Cl Campbell, Cl Shields, Cl Williams, Cl McGinn
The AMENDMENT was PUT to the Meeting and was LOST
{resolution-number}RESOLVED: MOVED: Cl Patterson
SECONDED: Cl Saul
1 That the minutes of the ordinary meeting of Kempsey Shire Council dated 20 November 2018 be confirmed.
2 That the minutes of the extraordinary meeting of Kempsey Shire Council dated 4 December 2018 be confirmed.
FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Campbell, Cl Shields, Cl Williams, Cl McGinnAGAINST: Cl Morris, Cl Hauville
7 CITIZENSHIP CEREMONIES
Nil
8 PUBLIC FORUM AND PRESENTATIONS
8.1 PUBLIC FORUM
Mr Steve Blundell addressed Council speaking for item 15.6 Improved Boating Access Back Creek South West Rocks
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Mr Paul Hayllar addressed Council speaking for item 15.1 Community Consultation - Point Plomer Road
2018.316RESOLVED: MOVED: Cl Morris
SECONDED: Cl Hauville
That Mr Hayllar be granted an extension of 3 minutes to complete his presentation.
FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Morris, Cl Campbell, Cl Hauville, Cl Shields, Cl Williams, Cl McGinnAGAINST: nil
Mr Fred Andrews addressed Council speaking against item 15.1 Community Consultation - Point Plomer Road
2018.317RESOLVED: MOVED: Cl Morris
SECONDED: Cl Hauville
That Mr Andrews be granted an extension of 3 minutes to complete his presentation.
FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Morris, Cl Campbell, Cl Hauville, Cl Shields, Cl Williams, Cl McGinnAGAINST: nil
Ms Karen Anderson addressed Council speaking for item 15.5 Sewerage Services for Willawarrin and Bellbrook
Ms Anderson tabled a petition containing 64 signatures in support of item 15.5 Sewerage Services for Willawarrin and Bellbrook
8.2 PRESENTATIONS
Mr Terry Witchard of the Macleay Valley Education Fund provided a presentation to Council in respect of their activities relating to their donation from the Mayoral Community Fund.
Ms Genevieve Furber and Ms Alison Lee from Macleay Living Sustainability provided a presentation to Council in respect of their activities.
At this stage 10:37 am the meeting adjourned for morning tea and upon resumption at 11:02 am all present at the adjournment were in attendance.
9 CONSIDERATION OF MOTIONS FOR SUPPLEMENTARY REPORTS AND MOTIONS FOR CHANGES TO THE ORDER OF BUSINESS
2018.318RESOLVED: MOVED: Cl Morris
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SECONDED: Cl Patterson
That the Agenda Order of Business is adopted.
FOR: Cl Saul, Cl Hauville, Cl McGinn, Cl Patterson, Cl Williams, Cl Baxter, Cl Shields, Cl Morris, Cl CampbellAGAINST: nil
10 CONSIDERATION OF REPORTS RELATING TO PUBLIC FORUM MATTERS
2018.319RESOLVED: MOVED: Cl Morris
SECONDED: Cl McGinn
That reports 15.1, 15.2, 15.5 and 15.6 relating to the items dealt with in Public Forum be brought forward and dealt with immediately.
FOR: Cl Saul, Cl Hauville, Cl McGinn, Cl Patterson, Cl Williams, Cl Baxter, Cl Shields, Cl Morris, Cl CampbellAGAINST: nil
15.1 COMMUNITY CONSULTATION - POINT PLOMER ROAD
Councillor Bruce MorrisFile No F18/2387Attachments Nil
PURPOSE
It is desirable that Council engages with the local community to manage community concerns with the proposed construction and sealing of Point Plomer Road. We always achieve a better outcome when we all work together. I intend to move the following motion at the ordinary meeting of Council to be held Tuesday, 18 December 2018
MOVED: MOVED: Cl MorrisSECONDED: Cl Hauville
1 That Council holds a workshop to engage with community members impacted by the construction and sealing of Point Plomer Road.
2 That Council establishes a Community Working Group to provide input concerning the soft
social design aspects of the project and to better manage the community concerns in relation to the works along the length of Point Plomer Road.
3 That Council facilitates development of a Master Plan for the enhancement of the Point
Plomer area with the other land managers for the area.
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4 That Council develops a statement of local character for the Point Plomer area 5 That Council reviews the planning instruments to strengthen the ability to preserve the
current character for the Point Plomer area
An AMENDMENT was MOVED: MOVED: Cl McGinnSECONDED: Cl Shields
That a statement of local character be developed to help preserve the current character of Point Plomer area as part of the local strategic planning statement.
2018.320RESOLVED: MOVED: Cl Saul
That the AMENDMENT be PUT
FOR: Cl Patterson, Cl Saul, Cl Campbell, Cl Shields, Cl Williams, Cl McGinnAGAINST: Cl Baxter, Cl Morris, Cl Hauville
2018.321An AMENDMENT was MOVED: MOVED: Cl McGinn
SECONDED: Cl Shields
That a statement of local character be developed to help preserve the current character of Point Plomer area as part of the local strategic planning statement
FOR: Cl Williams, Cl Saul, Cl Patterson, Cl McGinn, Cl Campbell, Cl ShieldsAGAINST: Cl Hauville, Cl Baxter, Cl Morris
The AMENDMENT was PUT to the Meeting and was CARRIED and became the MOTION.
2018.322RESOLVED: MOVED: Cl McGinn
SECONDED: Cl Shields
That a statement of local character be developed to help preserve the current character of Point Plomer area as part of the local strategic planning statement
FOR: Cl McGinn, Cl Saul, Cl Campbell, Cl Williams, Cl Patterson, Cl ShieldsAGAINST: Cl Baxter, Cl Morris, Cl Hauville
15.2 LONG TERM ENERGY STRATEGY, CLIMATE CHANGE POLICY AND RENEWABLE ENERGY AND EMISSIONS REDUCTION STRATEGY
Councillor Bruce MorrisFile No f18/1859Attachments 1. NOM 21 Nov 2017 [15.2.1]
2. Motion 100 to LGNSW Conference - Albury City Council [15.2.2]3. Local Leadership Tackling Local Government Progress on Climate Change
Ordinary Council Meeting - 18 December 2018 Page 8
[15.2.3]
PURPOSE
The development of an appropriate suite of Strategies and Plans to enhance Councils energy efficiencies and increase renewable energy provision is required to maximise the potential financial savings to both Council and the community. I intend to move the following motion at the ordinary meeting of Council to be held Tuesday, 18 December 2018
MOVED: MOVED: Cl MorrisSECONDED: Cl Hauville
1 That Council develops a Climate Change Policy with adoption proposed by Council prior to engaging an independent consultant to undertaken the Long Term Energy Strategy and Emissions Reduction Plan.
2 That Council includes the development of a Long-term Energy Strategy to including a
Renewable Energy and Emissions Reduction Plan to be completed by an independent consultant in the 2019/20 Operating Plan.
3 That Council commits to implementing options to enhance energy efficiency and renewable
energy uptake within the local community. 4 That Council establishes a Community Sustainability Reference Group to provide community
input in developing the Policy, Strategy and Plans in regard to Climate Change developing community options to enhance energy efficiency and renewable energy uptake.
5 That Council works towards meeting the criteria for membership of the Climate Council’s
Cities Power Partnerships and pursues such memberships. 6 That Council endorses resolution 100 of the Local Government NSW Conference 2018 as
attached and act to promote its introduction.
7 That Council monitors and reports grant opportunities to the community sustainability reference group that support sustainability initiatives.
2018.323An AMENDMENT was MOVED: MOVED: Cl McGinn
SECONDED: Cl Patterson
1 That the Long Term Energy Strategy and the Climate Change Policy be considered in the next Operating Plan.
2 That the Renewable Energy and Emissions Reduction Strategy be considered in the
Community Strategic Plan. FOR: Cl Patterson, Cl Saul, Cl Campbell, Cl Shields, Cl Williams, Cl McGinnAGAINST: Cl Baxter, Cl Morris, Cl Hauville
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The AMENDMENT was PUT to the Meeting and was CARRIED and became the MOTION.
An AMENDMENT was MOVED: MOVED: Cl MorrisSECONDED: Cl Baxter
1 That Council considers development of a Climate Change Policy with adoption proposed by Council prior to engaging an independent consultant to undertaken the Long Term Energy Strategy and Emissions Reduction Plan in the 2019/2020 Operation Plan.
2 That Council considers the development of a Long-term Energy Strategy to including a
Renewable Energy and Emissions Reduction Plan to be completed by an independent consultant in the 2019/20 Operating Plan.
3 That Council commits to implementing options to enhance energy efficiency and renewable
energy uptake within the local community. 4 That Council establishes a Community Sustainability Reference Group to provide community
input in developing the Policy, Strategy and Plans in regard to Climate Change developing community options to enhance energy efficiency and renewable energy uptake.
5 That Council works towards meeting the criteria for membership of the Climate Council’s
Cities Power Partnerships and pursues such memberships. 6 That Council endorses resolution 100 of the Local Government NSW Conference 2018 as
attached and act to promote its introduction.
7 That Council monitors and reports grant opportunities to the community sustainability reference group that support sustainability initiatives.
2018.324RESOLVED: MOVED: Cl Morris
That the amendment be put.
FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Morris, Cl Campbell, Cl Shields, Cl Williams, Cl McGinnAGAINST: Cl Hauville
An AMENDMENT was MOVED: MOVED: Cl MorrisSECONDED: Cl Hauville
1 That Council considers development of a Climate Change Policy with adoption proposed by Council prior to engaging an independent consultant to undertaken the Long Term Energy Strategy and Emissions Reduction Plan in the 2019/2020 Operation Plan.
2 That Council considers the development of a Long-term Energy Strategy to including a
Renewable Energy and Emissions Reduction Plan to be completed by an independent consultant in the 2019/20 Operating Plan.
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3 That Council commits to implementing options to enhance energy efficiency and renewable energy uptake within the local community.
4 That Council establishes a Community Sustainability Reference Group to provide community
input in developing the Policy, Strategy and Plans in regard to Climate Change developing community options to enhance energy efficiency and renewable energy uptake.
5 That Council works towards meeting the criteria for membership of the Climate Council’s
Cities Power Partnerships and pursues such memberships. 6 That Council endorses resolution 100 of the Local Government NSW Conference 2018 as
attached and act to promote its introduction.
7 That Council monitors and reports grant opportunities to the community sustainability reference group that support sustainability initiatives.
FOR: Cl Baxter, Cl Morris, Cl HauvilleAGAINST: Cl Williams, Cl Patterson, Cl Campbell, Cl Saul, Cl Shields, Cl McGinn
The AMENDMENT was PUT to the Meeting and was LOST
2018.325RESOLVED: MOVED: Cl McGinn
SECONDED: Cl Patterson
1 That the Long Term Energy Strategy and the Climate Change Policy be considered in the next Operating Plan.
2 That the Renewable Energy and Emissions Reduction Strategy be considered in the
Community Strategic Plan. FOR: Cl Campbell, Cl Shields, Cl Patterson, Cl Williams, Cl Baxter, Cl Saul, Cl McGinnAGAINST: Cl Morris, Cl Hauville
15.5 SEWERAGE SERVICES WILLAWARRIN AND BELLBROOK
Councillor Bruce MorrisFile No F18/1971Attachments Nil
PURPOSE
The provision of sewerage services at Willawarrin and Bellbrook has previously been considered by Council. These villages both have several residences that are situated on properties that are generally not large enough to have fully complying septic systems. This needs to be addressed at some time in the future. I intend to move the following motion at the ordinary meeting of Council to be held Tuesday, 18 December 2018
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MOVED: MOVED: Cl MorrisSECONDED: Cl Hauville
1 That Council considers for the provision of reticulated sewerage at Willawarrin and Bellbrook in the 2019/2020 Operating Plan.
2 That a report outlining the preferred option, projected timeframe and funding options be
presented to Council prior to the consideration of the next Delivery Program
3 The report outlining the current status of the onsite management systems at Willawarrin and Bellbrook be presented to a future Council meeting.
At this stage 12.45 pm the meeting adjourned for luncheon and upon resumption at 1.15 pm all present at the adjournment were in attendance. The meeting was resumed at Item 20 and the confidential session held prior to re-commencement of debate on item 15.5.
20 CONFIDENTIAL ITEMS
MOTION FOR CONFIDENTIAL COMMITTEE
2018.326RESOLVED: MOVED: Cl Saul
SECONDED: Cl McGinn
That Council form itself into the Confidential Committee of the Whole, 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.
FOR: Cl Saul, Cl Hauville, Cl McGinn, Cl Patterson, Cl Williams, Cl Baxter, Cl Shields, Cl Morris, Cl CampbellAGAINST: nil
20.1 LEGAL MATTERS
Contact Person: Daniel Thoroughgood – Manager Information and GovernanceFile: F18/1960
Section 10A(2)(g) – Legal Proceedings
This report is submitted on a confidential basis as it involves advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege. (Local Government Act 1993, Section 10A (2)(g))
On balance, the public interest in preserving the confidentiality of the advice outweighs the public interest in openness and transparency in Council decision making by discussing the matter in open meeting.2018.327
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RESOLVED: MOVED: Cl SaulSECONDED: Cl McGinn
That the information be noted.
FOR: Cl Saul, Cl Hauville, Cl McGinn, Cl Patterson, Cl Williams, Cl Baxter, Cl Shields, Cl Morris, Cl CampbellAGAINST: nil
13.5 TENDER FOR THE DESIGN AND CONSTRUCTION OF TURNERS FLAT BRIDGE
Officer Robert Fish, Director Operations and PlanningFile No TQE18/18Attachments Nil
PURPOSE
To provide advice on the submission of tenders for the design and construction of the replacement of Turners Flat Bridge.
MOVED: MOVED: Cl McGinnSECONDED: Cl Shields
That the report assessing tender submissions for the Design and Construction of Turners Flat Bridge be classified as Confidential in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993, which permits the meeting to be closed to the public relating to commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.
An AMENDMENT was MOVED: MOVED: Cl MorrisSECONDED: Cl Hauville
That Council:
1 Accept the tender of Waeger Constructions Pty Ltd for the Design and Construction of Turners Flat Bridge at a total cost of $3,452,000 (GST exclusive), in accordance with the tender documentation and tenderer’s submission.
2 Execute the contract documents under the Seal of Council.
FOR: Cl Morris, Cl HauvilleAGAINST: Cl Patterson, Cl Baxter, Cl Saul, Cl Campbell, Cl Shields, Cl Williams, Cl McGinn
The AMENDMENT was PUT to the Meeting and was LOST
2018.344RESOLVED: MOVED: Cl McGinn
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SECONDED: Cl Shields
That the report assessing tender submissions for the Design and Construction of Turners Flat Bridge be classified as Confidential in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993, which permits the meeting to be closed to the public relating to commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.
FOR: Cl Saul, Cl Baxter, Cl McGinn, Cl Campbell, Cl Shields, Cl Patterson, Cl WilliamsAGAINST: Cl Morris, Cl Hauville
20.2 TENDER FOR THE DESIGN AND CONSTRUCTION OF TURNERS FLAT BRIDGE
Officer Robert Fish, Director Operations and PlanningFile No TQE18/18
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. PURPOSE
To advise on the assessment of tenders for the design and construction of the replacement of Turners Flat Bridge.2018.328RESOLVED: MOVED: Cl McGinn
SECONDED: Cl Shields
That Council:
1 Accept the tender of Waeger Constructions Pty Ltd for the Design and Construction of Turners Flat Bridge at a total cost of $3,452,000 (GST exclusive), in accordance with the tender documentation and tenderer’s submission.
2 Execute the contract documents under the Seal of Council.
FOR: Cl Saul, Cl Hauville, Cl McGinn, Cl Patterson, Cl Williams, Cl Baxter, Cl Shields, Cl Morris, Cl CampbellAGAINST: nil
MOTION TO RESUME COUNCIL MEETING
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2018.329RESOLVED: MOVED: Cl Saul
SECONDED: Cl Shields
That the ordinary Council meeting in Open Meeting be resumed.
FOR: Cl Saul, Cl Hauville, Cl McGinn, Cl Patterson, Cl Williams, Cl Baxter, Cl Shields, Cl Morris, Cl CampbellAGAINST: nil
15.5 SEWERAGE SERVICES WILLAWARRIN AND BELLBROOK
Councillor Bruce MorrisFile No F18/1971Attachments Nil
PURPOSE
The provision of sewerage services at Willawarrin and Bellbrook has previously been considered by Council. These villages both have several residences that are situated on properties that are generally not large enough to have fully complying septic systems. This needs to be addressed at some time in the future. I intend to move the following motion at the ordinary meeting of Council to be held Tuesday, 18 December 2018
MOVED: MOVED: Cl MorrisSECONDED: Cl Hauville
1 That Council considers for the provision of reticulated sewerage at Willawarrin and Bellbrook in the 2019/2020 Operating Plan.
2 That a report outlining the preferred option, projected timeframe and funding options be
presented to Council prior to the consideration of the next Delivery Program
3 The report outlining the current status of the onsite management systems at Willawarrin and Bellbrook be presented to a future Council meeting.
2018.330An AMENDMENT was MOVED: MOVED: Cl Shields
SECONDED: Cl Baxter
That Council considers the provision of sewerage service options at Willawarrin and Bellbrook in the 2019/2020 Operating Plan.
FOR: Cl Williams, Cl Saul, Cl Baxter, Cl Shields, Cl Campbell, Cl Patterson, Cl McGinnAGAINST: Cl Hauville, Cl Morris
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The AMENDMENT was PUT to the Meeting and was CARRIED and became the MOTION.
2018.331RESOLVED: MOVED: Cl Shields
SECONDED: Cl Baxter
That Council considers the provision of sewerage service options at Willawarrin and Bellbrook in the 2019/2020 Operating Plan.
FOR: Cl Saul, Cl Patterson, Cl Morris, Cl Hauville, Cl Shields, Cl Campbell, Cl McGinn, Cl Williams, Cl BaxterAGAINST: nil
15.6 IMPROVED BOATING ACCESS BACK CREEK SOUTH WEST ROCKS
Councillor Bruce MorrisFile No F18/1881Attachments 1. Draft Report Back Creek Boating Access Improvements [15.6.1]
2. south-west-rocks-sustainability-assessment-report [15.6.2]
PURPOSE
The need to improve the safety for ocean access at Back Creek South West Rocks has been raised by a member of the community. Given that Council has received grant funding to upgrade boat parking facilities and other supporting amenities for Back Creek, Council needs to show due diligence in exercising its Duty of Care in relation to the safety of Ocean access from Back Creek. I intend to move the following motion at the ordinary meeting of Council to be held Tuesday, 18 December 2018
MOVED: MOVED: Cl MorrisSECONDED: Cl Hauville
1 That Council investigates the safety of Ocean access for recreational boaters from Back Creek South West Rocks.
2 That if these investigations reveal that access safety should be improved:
a That Council considers in the next Delivery Program funding to assess the works required to improve the safety of Ocean access from Back Creek.
b That Council includes an action in the next Delivery Plan to seek funding to enhance
the Ocean access with Back Creek.
2018.332An AMENDMENT was MOVED: MOVED: Cl McGinn
SECONDED: Cl Shields
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That Council, with reference to improved boating access at Back Creek, South West Rocks, workshop, with other relevant stakeholders, the matter in early 2019 given the complexity of the issue.
FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Campbell, Cl Shields, Cl Williams, Cl McGinnAGAINST: Cl Morris, Cl Hauville
The AMENDMENT was PUT to the Meeting and was CARRIED and became the MOTION.
2018.333RESOLVED: MOVED: Cl McGinn
SECONDED: Cl Shields
That Council, with reference to improved boating access at Back Creek, South West Rocks, workshop, with other relevant stakeholders, the matter in early 2019 given the complexity of the issue.
FOR: Cl Campbell, Cl Williams, Cl Hauville, Cl Shields, Cl McGinn, Cl Baxter, Cl Morris, Cl Patterson, Cl SaulAGAINST: nil
11 CONSIDERATION OF REPORTS RELATING TO A CONSENSUS MOTION
Cl Patterson left the chambers at 02:08 pm.
2018.334RESOLVED: MOVED: Cl Shields
SECONDED: Cl Patterson
That the recommendations contained in the following items be adopted: 13.6 Nominations for JRPP13.9 Acting General Manager Appointment13.10 Statement of Cash and Investments - November 201813.11 Notice of Motion Not Included
FOR: Cl Saul, Cl Hauville, Cl McGinn, Cl Williams, Cl Baxter, Cl Shields, Cl Morris, Cl CampbellAGAINST: Cl Patterson
13.6 NOMINATIONS FOR JRPP
Officer Graham Snow, Manager Development & ComplianceFile No F18/415Attachments Nil
PURPOSE
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To confirm Council’s appointment of Nambucca Shire Council’s Senior Town Planner as the nominated alternative representative for Kempsey Shire Council on the Northern Joint Regional Planning Panel (JRPP).
RECOMMENDATION
That the Department of Planning and Environment be advised that the Senior Town Planner, Brad Lane, of Nambucca Shire Council is the nominated alternative representative for the Kempsey Shire Council on the Northern Joint Regional Planning Panel.
2018.335RESOLVED: MOVED: Cl Saul
SECONDED: Cl Patterson
That the Department of Planning and Environment be advised that the Senior Town Planner, Brad Lane, of Nambucca Shire Council is the nominated alternative representative for the Kempsey Shire Council on the Northern Joint Regional Planning Panel.
FOR: Cl Saul, Cl Hauville, Cl McGinn, Cl Williams, Cl Baxter, Cl Shields, Cl Morris, Cl CampbellAGAINST: Cl Patterson
13.9 ACTING GENERAL MANAGER APPOINTMENT
Officer Daniel Thoroughgood, Manager – Governance and Information ServicesFile No F18/1854Attachments Nil
PURPOSE
To facilitate the effective and efficient operation of Council by providing for the Director Corporate & Commercial and Director Operations & Planning to act in the role of General Manager when the General Manager is absent from work.
2018.336RESOLVED: MOVED: Cl Saul
SECONDED: Cl Patterson
1 That for the period 1 January 2019 to 31 December 2019, the person holding the position of Director Corporate & Commercial be appointed to act as General Manager if the General Manager is sick or otherwise absent from work on leave, such appointment to cease upon the return to work of the General Manager or other resolution of the Council
2 That if the person specified in paragraph 1 is unable or unwilling to act as General Manager
at any time during the specified period, the person holding the position of Director Operations & Planning be appointed to act as General Manager if the General Manager is sick or otherwise absent from work on leave, such an appointment to cease upon the return to work of the General Manager or other resolution of the Council.
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3 That any person acting as General Manager pursuant to this resolution has all the functions, delegations, and sub-delegations given to the General Manager by Council.
FOR: Cl Saul, Cl Hauville, Cl McGinn, Cl Williams, Cl Baxter, Cl Shields, Cl Morris, Cl CampbellAGAINST: Cl Patterson
13.10 STATEMENT OF CASH AND INVESTMENTS - NOVEMBER 2018 Officer Ron Wood, Chief Financial Officer File No N/A Attachments 1. Investments at November 2018 [13.10.1]
2. Investment Performance Chart Nov 2018 [13.10.2]3. November 2018 bank reconciliation [13.10.3]
PURPOSE In accordance with the Local Government (General) Regulation 2005 (the Regulation), a report on investments is to be provided monthly to Council. 2018.337RESOLVED: MOVED: Cl Saul
SECONDED: Cl Patterson
That the report is noted.
FOR: Cl Saul, Cl Hauville, Cl McGinn, Cl Williams, Cl Baxter, Cl Shields, Cl Morris, Cl CampbellAGAINST: Cl Patterson
13.11 NOTICE OF MOTION NOT INCLUDED
Officer Stephen Mitchell, Acting General ManagerFile No F18/922Attachments Nil
PURPOSE
To report to council the exclusion of business for which due notice has been given in the agenda as required by Local Government Regulation (General) 2005 cl 240(2)
2018.338RESOLVED: MOVED: Cl Saul
SECONDED: Cl Patterson
That the information be noted
FOR: Cl Saul, Cl Hauville, Cl McGinn, Cl Williams, Cl Baxter, Cl Shields, Cl Morris, Cl Campbell
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AGAINST: Cl Patterson
Cl Patterson returned to the chambers at 02:10 pm.
12 MAYORAL MINUTES
Nil
13 STAFF REPORTS
13.1 SALTWATER URBAN RELEASE AREA OPTIONS
Officer Peter Orr, Senior Strategic Planning OfficerFile No N/AAttachments Nil
PURPOSE To provide a report regarding the southern portion of the Saltwater Urban Release Area (URA).2018.339RESOLVED: MOVED: Cl Morris
SECONDED: Cl Shields
That the report is noted and that Council proceed to prepare a Development Control Plan for the entire Saltwater precinct.
FOR: Cl Saul, Cl Hauville, Cl McGinn, Cl Patterson, Cl Williams, Cl Baxter, Cl Shields, Cl Morris, Cl CampbellAGAINST: nil
13.2 STUARTS POINT SEWERAGE SCHEME
Officer Robert Fish, Director Operations & PlanningFile No F12/1614Attachments 1. 22185121505- RE P-1 Options Comparison November 2018 Redacted
[13.2.1]
PURPOSE
Reporting on a review of options for the Stuarts Points Sewerage Scheme (SPSS) in light of constraints and concerns identified with developing the proposal to transfer sewage from Stuarts Point to the South West Rocks Sewage Treatment Plant.
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2018.340RESOLVED: MOVED: Cl Morris
SECONDED: Cl Patterson
That Council: 1 Progress with design and investigation work for the proposed alternative option for the
Stuarts Point Sewerage Scheme of a Sewage Treatment Plant (STP) near Stuarts Point, with dunal discharge of treated effluent, in parallel with pursuing the grant funding Deed.
2 Authorise the General Manager to negotiate and amend the Restart NSW Funding Deed to
reflect a revised project scope, noting that the revised option delivers the same overall outcome of that originally intended under the grant.
3 Revert from progressing the proposed sewer charge for the Stuarts Point area for the
2019/20 financial year to the annual septic charge listed within Council’s Fees and Charges. 4 Inform the community of this decision.
FOR: Cl Saul, Cl Hauville, Cl McGinn, Cl Patterson, Cl Williams, Cl Baxter, Cl Shields, Cl Morris, Cl CampbellAGAINST: nil
13.3 POLICY AND PROCEDURE FOR THE LODGEMENT OF PETITIONS
Officer Daniel Thoroughgood, Manager – Governance and Information ServicesFile No F18/1933Attachments 1. 2 1 V4 CUSTOMER SERVICE AND PUBLIC NOTIFICATION POLICY Draft [13.3.1]
2. 2 1 5 V1 Petitions Draft [13.3.2]
PURPOSE
To vary Councils Customer Service and Public Notification Policy to recognise petitions and adopt a Petitions procedure.
MOVED: MOVED: Cl MorrisSECONDED: Cl Williams
That the varied Customer Service and Public Notification Policy and Petition procedure be placed on exhibition for a period of not less than 28 days or to finish no earlier then 8th February
2018.341An AMENDMENT was MOVED: MOVED: Cl McGinn
SECONDED: Cl Saul
That the Customer Service and Public Notification Policy and Petition Procedure be deferred until the Code of Meeting Practice workshop
Ordinary Council Meeting - 18 December 2018 Page 21
FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Campbell, Cl Shields, Cl McGinnAGAINST: Cl Morris, Cl Hauville, Cl Williams
The AMENDMENT was PUT to the Meeting and was CARRIED and became the MOTION.
2018.342RESOLVED: MOVED: Cl McGinn
SECONDED: Cl Saul
That the Customer Service and Public Notification Policy and Petition Procedure be deferred until the Code of Meeting Practice workshop
FOR: Cl Baxter, Cl Patterson, Cl Campbell, Cl Hauville, Cl McGinn, Cl Williams, Cl Shields, Cl Saul, Cl MorrisAGAINST: nil
13.4 FUNDING OF ACTIONS OF THE RUDDER PARK FLYING FOX CAMP MANAGEMENT PLAN
Officer Bill Larkin, Environmental Strategies OfficerFile No F12/1683Attachments Nil
PURPOSE
To decide on the funding of actions set out in the Rudder Park Flying-Fox Camp Management Plan, considering the current vacant occupancy status of the flying-fox camp.
2018.343RESOLVED: MOVED: Cl Patterson
SECONDED: Cl Williams
That Council: 1 Resolve to proceed with Level 2 actions from the Rudder Park Camp Management Plan. 2 Allocate funds to be able to match the dollar for dollar funding for when it becomes
available through the Local Government NSW flying-fox grant funding program. 3 Apply for funding through the Local Government NSW flying-fox grant funding program
(when funding round is opened) and if successful, prepare the required Vegetation Management Plan and Aboriginal Cultural Heritage values assessment required to be submitted to Office of Environment and Heritage (OEH) with the Part 2 licence application.
FOR: Cl Saul, Cl Hauville, Cl McGinn, Cl Patterson, Cl Williams, Cl Baxter, Cl Shields, Cl Morris, Cl Campbell
Ordinary Council Meeting - 18 December 2018 Page 22
AGAINST: nil
13.7 REVIEW OF COMMITTEES
Officer Daniel Thoroughgood, Manager – Governance and Information ServicesFile No F18/2518Attachments 1. Extract-from- OL G- Practice- Note-16- Meetings- Practice- Note- August-
2009 [13.7.1]2. OL G- Circular-16-24 [13.7.2]3. committee-delegate-reports-2002-2009 [13.7.3]4. committee-review-2010 [13.7.4]
PURPOSE
To make recommendations for changes to council’s committee structure following a review as per council resolution 2018.234 and determine if a Councillor delegate should attend Floodplain Management Australia meetings.
2018.345RESOLVED: MOVED: Cl McGinn
SECONDED: Cl Williams
1 That the report be noted, and no additional committees be formed at this time. 2 That no councillor delegate be appointed to attend Floodplain Management Australia
meetings.
FOR: Cl Saul, Cl McGinn, Cl Patterson, Cl Williams, Cl Baxter, Cl Shields, Cl CampbellAGAINST: Cl Hauville, Cl Morris
13.8 HERITAGE MAINTENANCE COMMITTEE
Officer Robert Fish, Director - Operations and PlanningFile No F18/1977Attachments Nil
PURPOSE
To advise on the need for a Heritage Maintenance Committee.
MOVED: MOVED: Cl McGinnSECONDED: Cl Patterson
That Council does not establish a Heritage Maintenance Committee.
Ordinary Council Meeting - 18 December 2018 Page 23
An AMENDMENT was MOVED: MOVED: Cl HauvilleSECONDED: Cl Morris
1 That Council develops a procedure for heritage maintenance in consultation with Mr Booker, Council's Heritage Advisor, that it ensures heritage maintenance whenever upgrades, changes or rejuvenation of council facilities are undertaken.
2 That a report for determination be brought to March council.
FOR: Cl Morris, Cl HauvilleAGAINST: Cl Patterson, Cl Baxter, Cl Saul, Cl Campbell, Cl Shields, Cl Williams, Cl McGinn
The AMENDMENT was PUT to the Meeting and was LOST
2018.346RESOLVED: MOVED: Cl McGinn
SECONDED: Cl Patterson
That Council does not establish a Heritage Maintenance Committee. FOR: Cl McGinn, Cl Saul, Cl Campbell, Cl Baxter, Cl Williams, Cl Shields, Cl Hauville, Cl Patterson, Cl MorrisAGAINST: nil
14 RESCISSION MOTIONS
Nil
15 NOTICES OF MOTION
15.3 GRANT FUNDING - LONG TERM FINANCIAL IMPACT
Councillor Bruce MorrisFile No F18/1757Attachments Nil
PURPOSE
The current grant funding opportunities are very welcome, although potentially have an impact on Councils Long Term Financial Sustainability. It is important that this potential impact is considered as a part of the grant submission and acceptance process. I intend to move the following motion at the ordinary meeting of Council to be held Tuesday, 18 December 2018.
This matter was deferred to the February 2019 ordinary meeting of Council.
Ordinary Council Meeting - 18 December 2018 Page 24
15.4 MASTER PLAN AND LEP REVIEW STUARTS POINT
Councillor Bruce MorrisFile No F12/1327-01Attachments Nil
PURPOSE
The provision of sewerage services at Stuarts Point has the potential to result in additional development. It is important that Council prepares a Master Plan and reviews the planning documents to support this potential growth. I intend to move the following motion at the ordinary meeting of Council to be held Tuesday, 18 December 2018
This matter was deferred to the February 2019 ordinary meeting of Council.
15.7 WASTE VOUCHER USE
Councillor Bruce MorrisFile No F18/1743Attachments Nil
PURPOSE
To establish a reporting mechanism to understand the acceptance / usage of the Free Waste Voucher system within the community. I intend to move the following motion at the ordinary meeting of Council to be held Tuesday, 18 December 2018.
This matter was deferred to the February 2019 ordinary meeting of Council.
15.8 POTENTIAL ENVIRONMENTAL IMPACT - LONG TERM INCREASE IN FLIGHT ACTIVITY
Councillor Bruce MorrisFile No F18/2466Attachments Nil
PURPOSE
The continuation of, and potential for further increases in flight training activity at the Kempsey Airport is perceived by some in the community to have an environmental impact. I intend to move the following motion at the ordinary meeting of Council to be held Tuesday, 18 December 2018.
This matter was deferred to the February 2019 ordinary meeting of Council.
15.9 SEWERAGE SERVICES - SOUTHERN INTERCHANGE
Ordinary Council Meeting - 18 December 2018 Page 25
Councillor Bruce MorrisFile No F18/1971Attachments Nil
PURPOSE
The provision of a sewerage service to the Southern Interchange is impacting on the development potential for the land in this vicinity. Grant funding confirmation for this important project was imminent with an announcement expected prior to the end of 2017. Council needs to progress these works, with or without grant funding, subject to financial capacity, in the Operating Plan for 2019/2020. I intend to move the following motion at the ordinary meeting of Council to be held Tuesday, 18 December 2018
This matter was deferred to the February 2019 ordinary meeting of Council.
16 DELEGATES REPORTS
16.1 LGNSW ANNUAL CONFERENCE 2018
Councillor Bruce MorrisFile No F18/1720Attachments 1. LGNS W-2018- Annual- Conference- Carried- Motions [16.1.1]
2. ALGA President 2018 LGNSW Annual Conference Presentation [16.1.2]3. Adam Beck Smart Cities Presentation [16.1.3]4. Geof Heydon Creator Tech Presentation [16.1.4]5. Chris Isles Place Design Group Presentation [16.1.5]
PURPOSE
Reporting on attendance at the LGNSW Conference at Albury 21 to 23 October 2018 in accordance with the requirements of Clause 6.33 of Council Procedure 5.1.5 – V 8 Payment of Expenses and Provision of Facilities for Councillors.
This matter was deferred to the February 2019 ordinary meeting of Council.
17 COMMITTEE REPORTS
17.1 LOCAL TRAFFIC COMMITTEE MEETING HELD ON 4 DECEMBER 2018
Officer Robert Fish, Director Operations & PlanningFile No F18/1958Attachments 1. Minutes 4 December 2018 [17.1.1]
PURPOSE
Ordinary Council Meeting - 18 December 2018 Page 26
For Council to adopt the minutes of the Local Traffic Committee meeting held on 4 December 2018.
This matter was deferred to the February 2019 ordinary meeting of Council.
18 DELIVERY PROGRAM PERFORMANCE INDICATORS
Nil
19 COUNCILLOR QUESTIONS
Nil
21 CONCLUSION
Having surpassed the adopted closing time for the meeting as per resolution 2018.313 the Mayor then closed the meeting, the time being 02:48 pm.
The following business was deferred until the February ordinary meeting of Council:15.3 GRANT FUNDING - LONG TERM FINANCIAL IMPACT15.4 MASTER PLAN AND LEP REVIEW STUARTS POINT15.7 WASTE VOUCHER USE15.8 POTENTIAL ENVIRONMENTAL IMPACT - LONG TERM INCREASE IN FLIGHT ACTIVITY15.9 SEWERAGE SERVICES - SOUTHERN INTERCHANGE16.1 LGNSW ANNUAL CONFERENCE 201817.1 LOCAL TRAFFIC COMMITTEE MEETING HELD ON 4 DECEMBER 2018