minutes of the ordinary meeting of kempsey shire council · 11/21/2017 · minutes of the ordinary...

Kempsey Shire Council – ordinary meeting 21 November 2017

MINUTES OF THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL 21 November 2017 commencing at 9.00 am. 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, D B Hagger; Acting Director Operations, R J Scott; 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 Councillor Patterson declared a non-pecuniary non-significant interest in item 13.21 for the reason that he is known to one of the applicants in the report. Councillor Shields declared a pecuniary interest in item 13.6 for the reason that she is a partner with the applicant.

5 ASSESSMENT OF ITEMS LISTED FOR CONFIDENTIAL CONSIDERATION

2017.361 RESOLVED: Moved: Cl. Saul Seconded: Cl. McGinn That the confidential reports be considered in the confidential section of the meeting.


At this stage 9.10am, Councillor Baxter entered the Chambers.

6 CONFIRMATION OF MINUTES MOVED: Moved: Cl. Patterson Seconded: Cl. Williams 1 That the minutes of the ordinary meeting of Kempsey Shire Council dated 19 September 2017

be confirmed. 2 That the minutes of the ordinary meeting of Kempsey Shire Council dated 17 October 2017

be confirmed. An Amendment was MOVED: Moved: Cl. Morris Seconded: Cl. Patterson 1 That the minutes of the ordinary meeting of Kempsey Shire Council dated 19 September 2017

be amended with the following; That Item 13.14 lines 37, 113 part 1, 162, 176 and 177 remain in the Matters in Progress Report

until finalised. and the remaining minutes be confirmed. 2 That the minutes of the ordinary meeting of Kempsey Shire Council dated 17 October 2017

be confirmed.

2017.362 The AMENDMENT was PUT to the MEETING and was CARRIED.

2017.363 RESOLVED Moved: Cl. Hauville Seconded: Cl. Morris That the minutes of 17 October 2017 be amended to record the time the motion of dissent was moved by Councillor Hauville as 10.16am.

7 CITIZENSHIP CEREMONIES Nil

8 PUBLIC FORUM / PRESENTATIONS Public Forum 1 Mr Alan Hindes addressed Council speaking on item 15.5 Request To State Treasury For

Economic Benefit Analysis - Plummers Lane Upgrade.

2017.364 RESOLVED Moved: Cl. Morris


Seconded: Cl. Patterson That Mr Hindes be granted an extension of 3 minutes to complete his presentation. 2 Mr Richard Furber and Mrs Jenny Sproule addressed Council speaking in relation to Pipers Creek

Road Dondingalong.

2017.365 RESOLVED Moved: Cl. Morris Seconded: Cl. Shields That Mr Furber and Mrs Sproule be granted an extension of 3 minutes to complete their presentation. Presentations

* Mayoral Community Fund recipients;

- Terry Witchard from Macleay Valley Education Fund

- Ms Lyn Gleeson from the Smithtown Croquet Club - Mr Roger Fergusson from the Crescent Head Malibu Club - Mr Pete Farley from Blue Moon Bullriding - Mr Garry Munday from the Kempsey Railway Centenary

At this stage 10.22am the meeting adjourned for morning tea and upon resumption at 10.42am all present at the adjournment were in attendance. * Auditors Council Presentation - Mr Kevin Franey from Council’s auditors Thomas Noble &

Russell who are contracted by the Audit Office of New South Wales, gave a presentation to in respect of the audited financial accounts.

9 CONSIDERATION OF MOTIONS FOR CHANGES TO THE ORDER OF BUSINESS

2017.366 RESOLVED: Moved: Cl. Morris Seconded: Cl. Hauville That item 12.1 and 15.6 be dealt with in conjunction and the remaining the Agenda Order of Business be adopted.

10 CONSIDERATION OF REPORTS RELATING TO PUBLIC FORUM MATTERS

2017.367 RESOLVED: Moved: Cl. Morris Seconded: Cl. Williams


That the reports addressed in public forum be brought forward and dealt with immediately.

ITEM 15.2 DEVELOPMENT OF STRATEGY TO UPGRADE UNSEALED ROADS

Contact Person: Bruce Morris – Councillor File: F12/1859

MOVED Moved: Cl. Morris Seconded: Cl. Hauville That Council considers resourcing a cost benefit analysis of constructing and sealing each of Councils unsealed roads that have a traffic volume in excess of 150 vehicles per day as part of the 2018/2019 Operating Plan. WORKSHOP

2017.368 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

2017.369 RESOLVED: Moved: Cl. Shields Seconded: Cl. Williams That the formal Council meeting be resumed.

2017.370 The MOTION was PUT to the MEETING and was CARRIED.

ITEM 15.5 REQUEST TO STATE TREASURY FOR ECONOMIC BENEFIT ANALYSIS - PLUMMERS LANE UPGRADE

Contact Person: Leo Hauville – Councillor File: F12/1722

MOVED Moved: Cl. Hauville Seconded: Cl. * That Council request an Economic Benefit Analysis of a Plummers Lane upgrade from State Treasury, with the change of 9.9 kilometres at 80 km/hr to 9.2 kilometres at 100 km/hr being factored-in to show: a Individual driver’s yearly benefit in time and fuel costs savings, b The cohort of 2700 daily users yearly benefit in time and fuel costs savings and c The flow-on economic benefit to the whole Kempsey Shire Community.


The MOTION LAPSED for want of a SECONDER.

11 CONSIDERATION OF REPORTS RELATING TO A CONSENSUS MOTION

2017.371 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Williams That recommendations in items 13.16, 13.18, 13.19 and 18.1 be adopted.

ITEM 13.16 PROJECT PRACTICAL COMPLETION REPORTS

Contact Person: Daryl Hagger – Acting General Manager File: F12/1859

PURPOSE To consider the completion reports for projects completed in the last month.

2017.372 RESOLVED: Moved: Cl. McGinn

Seconded: Cl. Williams That the project practical completion reports be noted.

ITEM 13.18 CODE OF CONDUCT COMPLAINTS REPORT

Contact Person: Daryl Hagger – Acting General Manager File: F12/400-05

PURPOSE To provide a report on code of conduct complaint statistics for the twelve month period ending 30 September 2017.


Seconded: Cl. Williams That the information be noted.

ITEM 13.19 SUPPLY AND DELIVERY OF DGB20, DGS20 AND DGS40 GRAVEL

Contact Person: Tony Green – Manager Engineering Works File: TQE16/16

PURPOSE To provide Council with a report on the supply of DGB20, DGS20 and DGS40 gravel purchased during the September 2017 quarter.



Seconded: Cl. Williams That the information be noted.

ITEM 18.1 KEY PERFORMANCE INDICATORS


PURPOSE Updating status of key performance indicators for the month ending 31 October 2017.

2017.375 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Williams That the information be noted.

12 MAYORAL MINUTES

ITEM 12.1 AUSTRALIA DAY 2018 COMMITTEE MEETING

Contact Person: Liz Campbell – Mayor File: F12/2252

PURPOSE Reporting on the Australia Day 2018 Committee Meeting held on 18 September 2017, as per the

attached (Appendix A).

2017.376 RESOLVED Moved: Cl. Campbell

1 That the information be noted. 2 That people in the community who wish to have their citizenship certificates presented and

signed on Australia Day can request such.

ITEM 15.6 AUSTRALIA DAY 2018


MOVED Moved: Cl. Hauville Seconded: Cl. Morris That the Australia Day Ceremony for 2018 will be held on the actual day, 26th January 2018. This Ceremony will include announcements of award recipients and Australian Citizenship Ceremonies. An embargoed Media Release of Award Recipients will be released prior to the Day.


The MOTION was PUT to the Meeting and was LOST. Councillor Morris recorded his vote for the foregoing Motion.

13 STAFF REPORTS

ITEM 13.1 2016/2017 FINANCIAL STATEMENTS AND AUDITORS REPORT

Contact Person: DeAnna O’Neill – Acting Manager Finance File: F12/1907

PURPOSE Reporting on the 2016/2017 financial statements and auditor's report.

2017.377 RESOLVED Moved: Cl. Saul Seconded: Cl. McGinn 1 That the auditor’s report for the year ended 30 June 2017 be received. 2 That the Annual Financial Statements for the year ended 30 June 2017 be received.

ITEM 13.2 KEMPSEY CINEMA PROJECT

Contact Person: Robert Scott – Acting Director Operations File: F12/1377

PURPOSE To consider the options available to progress the Kempsey Cinema proposal. MOVED Moved: Cl. McGinn Seconded: Cl. Patterson 1 That the Public Private Partnership for development of the Kempsey Cinema complex

including a profit/risk/loss sharing model not be progressed. 2 That the Kempsey Cinema proposal be supported with the allocation of $2M from

accumulated reserves to match $2M in grant funding from the Federal Government. 3 That the proposed Voluntary Planning Agreement between Kempsey Shire Council and

Gowings Bros Ltd be placed on public exhibition for a period of no less than 28 days. WORKSHOP

2017.378 RESOLVED: Moved: Cl. McGinn Seconded: Cl. Shields That Council move into workshop to allow discussion in open Council on item 13.2.


MOTION TO RESUME COUNCIL MEETING

2017.379 RESOLVED: Moved: Cl. Morris Seconded: Cl. Saul That the formal Council meeting be resumed. An Amendment was MOVED: Moved: Cl. Morris Seconded: Cl. Hauville 1 That the Public Private Partnership for development of the Kempsey Cinema complex

including a profit/risk/loss sharing model not be progressed. 2 That Council engages with the community to determine their acceptance of gifting $2m to

Gowings Bros to facilitate the construction of a cinema in Kempsey CBD. That this engagement be carried out including the use of Your Say Macleay.

3 That the proposed Voluntary Planning Agreement between Kempsey Shire Council and

Gowings Bros Ltd be placed on public exhibition if appropriate for period of no less than 28 days and only progressed if there is strong support for a cinema.

The AMENDMENT was PUT to the Meeting and was LOST. A Division resulted in the following votes. F = Voted For A = Voted Against

Baxter A Campbell A Hauville F McGinn A Morris F

Patterson A Saul F Shields A Williams A

2017.380 The MOTION was PUT to the MEETING and was CARRIED.

A Division resulted in the following votes. F = Voted For A = Voted Against

Baxter F Campbell F Hauville A McGinn F Morris A

Patterson F Saul A Shields A Williams F

At this stage 1.16pm the meeting adjourned for luncheon and upon resumption at 2.28pm all present at the adjournment were in attendance.

ITEM 13.3 CORPORATE BUSINESS SYSTEMS REPLACEMENT

Contact Person: Daniel Thoroughgood – Manager Information Management and Governance

File: TQE16/13


PURPOSE To enter into a contract for the provision of corporate software.

2017.381 RESOLVED Moved: Cl. Morris Seconded: Cl. McGinn 1 That under Section 178(3)(e) of the Local Government (General) Regulation 2005 enter

into negotiations with IT Vision for the provision of a corporate business system. 2 That the General Manager be authorised to enter an agreement with IT Vision Australia

Pty Ltd. 3 That the contract documents be executed under the seal of Council.

ITEM 13.4 PROPOSED SALE OF COUNCIL LAND - SOUTH WEST ROCKS AND WEST KEMPSEY

Contact Person: Robert Scott – Acting Director Operations File: F12/1983

PURPOSE To report on the investigation into underutilised land and consider proceeding with the sale of several parcels of land in South West Rocks and West Kempsey that were previously up for sale.

2017.382 RESOLVED Moved: Cl. McGinn Seconded: Cl. Shields 1 That the investigations into suitable operational land for sale continue and

recommendations for individual properties be reported to Council. 2 That investigation of potential community land for reclassification and sale proceed in

conjunction with the open spaces strategy. 3 That the following parcels of land be listed for sale: a) Lot 81 DP805382, Lot 39 DP 819591, Lot 132 DP829565, Lot 26 DP844106 and Lot 122

DP1051855 at South West Rocks. b) Lot 19 DP20694, Lot 10 DP2007, Lot 4 DP1100421, Lot 40 DP1676, Lot 41 DP1676 and

Lot 42 DP1676 at West Kempsey. 4 That if the agreed sale price is at least 90% of the independent valuation then the seal of

Council be affixed to all documentation as required. 5 That the proceeds of sale for lots in South West Rocks be directed to the Section 94 fund for

use on improvements to open spaces as required by the conditions of reclassification.


ITEM 13.5 RURAL DWELLING (QUARRY MANAGER’S RESIDENCE)

Contact Person: Erin Fuller - Manager Development Assessment File: T6-17-119

PURPOSE To report for determination development application T6-17-119 which seeks development consent for a dwelling to accommodate a manager or caretaker at an existing quarry. A variation greater than 10% in the minimum lot size development standard for a rural dwelling under Kempsey Local

Environmental plan (KLEP) 2013 is sought (Appendix P).


Seconded: Cl. Saul 1 That the variation sought to the minimum lot size development standard in clause 4.2A of

KLEP 2013 be supported for a manager or caretaker residence in association with the quarry operation.

2 That development consent be granted to development application T6-17-119 for a rural

dwelling to accommodate a quarry manager or caretaker at Lot 31 DP 833192 Collombatti

Road Frederickton, subject to the conditions contained in (Appendix O).

3 That development consent be granted for a limited time only, lapsing on the same date as

the quarry approval, 22 May 2027. 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

Councillor Shields declared a significant pecuniary interest for the reason that she is a partner with the applicant and retired from the Chamber.

ITEM 13.6 MULTI DWELLING HOUSING

Contact Person: Erin Fuller – Manager Development Assessment File: T6-17-272

PURPOSE To report for determination development application T6-17-272 which seeks development consent for multi dwelling housing at 87 Edgar Street, Frederickton.

2017.384 RESOLVED Moved: Cl. McGinn Seconded: Cl. Saul That development consent be granted to development application T6-17-272 for the construction

Appendix%20P%20-%20T6-17-119-Applicants%20Cl4.6%20exception%20document-Appendix%20C.pdf

Appendix%20O%20-%20Draft%20T6-17-119%20Conditions%20v5%20SRR.pdf


of multi dwelling housing at 87 Edgar Street, Frederickton, subject to the conditions contained in

(Appendix Q).



Patterson F Saul F Williams F

Councillor Shields returned to the Chamber.

ITEM 13.7 DETACHED DUAL OCCUPANCY

Contact Person: Erin Fuller - Manager Development Assessment File: T6-17-374

PURPOSE To report for determination development application T6-17-374 which seeks development consent

for a detached dual occupancy at 465 Crescent Head Road, South Kempsey (Appendix S).


Seconded: Cl. Patterson That development consent be granted to development application T6-17-374 for a detached dual occupancy at 465 Crescent Head Road, South Kempsey, subject to the conditions contained in

(Appendix T).




ITEM 13.8 QUARTERLY BUDGET REPORT

Contact Person: Deanna O’Neill – Acting Manager Finance File: F12/644-03

REPORT SUMMARY Reporting that the Budget Review for the quarter ending 30 September 2017 has been prepared for all funds

2017.386 RESOLVED Moved: Cl. Shields Seconded: Cl. McGinn

Appendix%20Q%20-%20T6-12-272%20Consent.pdf

Appendix%20S%20-%20Applicants%20Plan%20-%20Appendix%20A.pdf

Appendix%20T%20-%20Draft%20T6-17-374%20Conditions%20v3%20SRR.pdf


1 That the Budget Review for the period ending 30 September 2017 is adopted and the

variations contained therein are approved and financed from the sources as indicated. 2 That the amendments to the operating plan be determined by way of a Councillor’s

workshop.

ITEM 13.9 PROPOSED NAMING OF SOUTH KEMPSEY OVAL

Contact Person: Trevor Dickson – Manager Technical and Civic Services File: F12/1944

PURPOSE To determine a proposal to name the Oval at South Kempsey the ‘Jim Stirling Oval’.

2017.387 RESOLVED Moved: Cl. Morris Seconded: Cl. Patterson 1 That the South Kempsey Oval be named “Jim Stirling Oval”. 2 That a suitably inscribed plaque with a pertinent biography be placed beside the oval, after

consultation with the family of James Stirling OAM and the Cricket Association.

ITEM 13.10 LOWER MACLEAY FLOODPLAIN RISK MANAGEMENT PLAN – TECHNICAL GROUP

Contact Person: Georgia Rayner - Coordinator Strategic Planning and Natural Resources

File: F12/223-05

PURPOSE A technical group needs to be established to assist in the preparation of the Lower Macleay Flood Risk Management Plan.

2017.388 RESOLVED Moved: Cl. Morris Seconded: Cl. Saul The Macleay Floodplain Risk Management Technical Group is established to assist in the preparation of the Lower Macleay Flood Risk Management Plan.

ITEM 13.11 COUNCIL POLICIES


PURPOSE For Council to adopt the Policies detailed in the report.


2017.389 RESOLVED Moved: Cl. McGinn

Seconded: Cl. Williams That the following policies as amended be adopted:

Customer Service and Public Notification Policy (2.1) Ageing and Disability Policy (2.2) Cultural and Public Art Policy (2.5) Grant Funding Policy (2.6) Health, Wellbeing and Recognition Policy (2.7) Library Service Policy (2.8) Committees of Council Policy (5.2) Conditions of Employment Policy (5.5) Work Health and Safety Policy (5.6) Return to Work Policy (5.7) Records Management Policy (5.8) Use of Information Technology Resources Policy (5.10) Public Private Partnership Policy (5.12)

ITEM 13.12 REVISION OF THE LANDFILL SCHEDULE OF FEES AND CHARGES


PURPOSE To revise the adopted schedule of fees and charges for the Landfill to better align with the waste receival and handling costs.

2017.390 RESOLVED Moved: Cl. Saul Seconded: Cl. Williams That the schedule of fees and charges for the disposal of waste at all of Council’s waste facilities be revised and the draft revisions be placed on public exhibition for a period of 28 days to seek comment. At this stage, 2.54pm, Councillor Williams left the Chambers.


ITEM 13.13 GRANT OFFER – REPLACEMENT OF TURNERS FLAT BRIDGE

Contact Person: Robert Scott – Acting Director Operations File: F12/1757, D17/37461

PURPOSE To consider acceptance of a grant funding offer for $1,995,615 on an equal share basis to replace Turners Flat Bridge.

2017.391 RESOLVED Moved: Cl. Morris Seconded: Cl. McGinn 1 That acceptance of the grant funding offer of $1,995,615 be endorsed. 2 That the Bridge Renewal Program be revised to include the repayment of a loan taken to

fund Council’s contribution towards the project. 3 That the Delivery Program target of 16 timber bridges being replaced is reduced to 10. At 2.56pm Councillor Williams returned to the Chambers.

ITEM 13.14 BACK CREEK BOATING ACCESS IMPROVEMENTS


PURPOSE To seek approval of the final concept plans for the Back Creek Boating Access Improvements undertaken by Roads and Maritime Services (RMS).

2017.392 RESOLVED Moved: Cl. Patterson Seconded: Cl. Morris 1 That the final concept plans for the Back Creek Boating Access Improvements be adopted. 2 That survey and detailed design of the proposed improvements be commenced allowing

costs to be determined and potential grant funding sought.

ITEM 13.15 KLEP 2013 AMENDMENT 22 – PLANNING PROPOSAL – ‘HOUSEKEEPING’ AMENDMENT

Contact Person: Georgia Rayner - Coordinator Strategic Planning and Natural Resources

File: KLEP2013-AM-22

PURPOSE


The purpose of this report is to advise of the outcomes of the Consultation/Public Exhibition for the Planning Proposal for draft Kempsey LEP Amendment No 22.

2017.393 RESOLVED Moved: Cl. Morris Seconded: Cl. Shields That the Draft Planning Proposal and associated documentation be referred to the Minister for Planning with a request for the plan to be made. A Division resulted in the following votes. F = Voted For A = Voted Against



ITEM 13.17 MATTERS IN PROGRESS


PURPOSE To update Councillors on the progress of resolutions of Council

2017.394 RESOLVED Moved: Cl. McGinn Seconded: Cl. Patterson That the information be noted.

ITEM 13.20 STATEMENT OF CASH AND INVESTMENTS

Contact Person: Deanna O’Neill – Acting Manager Finance File: N/A

PURPOSE Reporting on the statement of bank balance and investments for the month of October 2017.

2017.395 RESOLVED Moved: Cl. Hauville Seconded: Cl. McGinn That the information be noted.

ITEM 13.21 DEVELOPMENT APPROVALS AND CONSTRUCTION CERTIFICATES

Contact Person: Erin Fuller – Manager Development Assessment File: N/A


PURPOSE To report that the following applications have been determined for the period of October 2017 and includes approvals by Private Certifiers.

2017.396 RESOLVED Moved: Cl. McGinn Seconded: Cl. Shields That the information be noted. 14 RESCISSION MOTIONS Nil

15 NOTICES OF MOTION

ITEM 15.1 DEVELOPMENT OF LONG TERM ENERGY STRATEGY



Seconded: Cl. Hauville That Council develops a long-term energy strategy, with a draft strategy to be considered in the next delivery program of Council.

ITEM 15.2 DEVELOPMENT OF STRATEGY TO UPGRADE UNSEALED ROADS


This report was dealt with earlier in the meeting just after PUBLIC FORUM. Councillor Patterson declared a pecuniary interest for the reason that he is a local business owner and retired from the Chamber.

ITEM 15.3 ENHANCING OPPORTUNITIES FOR LOCAL FIRMS TO DO BUSINESS WITH COUNCIL



Seconded: Cl. Williams That the General Manager develops a draft Local Purchase Policy incorporating a 5% Notional


Price Offset as a part of Councils Procurement Policy, to be presented to the March 2018 Ordinary Meeting of Council. A Division resulted in the following votes. F = Voted For A = Voted Against

Baxter F Campbell F Hauville F McGinn A Morris F

Saul A Shields A Williams F

ITEM 15.4 UNMAINTAINED COUNCIL ROADS



Seconded: Cl. Williams That Council be provided with a report that lists Council Roads that are currently unmaintained that service at least three residential dwellings. That the report details the following information for each road: a Length of road from a road maintained by Council to last residential dwelling. b Estimated annual cost to maintain the road. c Number of residential dwellings on unmaintained section of road. d Number of dwellings approved by Council in the past five years. to be considered for resourcing as part of the 2018/2019 Operating Plan. At this stage, 3.57pm, Councillor Patterson retired from the Chamber and apologised for non-attendance at the remainder of the Meeting.

ITEM 15.5 REQUEST TO STATE TREASURY FOR ECONOMIC BENEFIT ANALYSIS - PLUMMERS LANE UPGRADE


This report was dealt with earlier in the meeting just after PUBLIC FORUM.

ITEM 15.6 AUSTRALIA DAY 2018



This report was dealt with earlier in the meeting just after Item 12.1.

ITEM 15.7 COUNCIL MEETING TIME CHANGE TO 5.00PM

Contact Person: Leo Hauville – Councillor File: F12/287-04

MOVED Moved: Cl. Hauville Seconded: Cl. Morris That ordinary meetings of Kempsey Shire Council commence at 5pm and that this change is to be publicised as enabling improved opportunity for Kempsey Shire Community members to participate and be informed. The MOTION was PUT to the Meeting and was LOST.

2017.400 RESOLVED Moved: Cl. Morris Seconded: Cl. Hauville That Council investigate live streaming of Council meetings.

16 DELEGATES REPORT Nil

17 COMMITTEE REPORTS Nil

18 DELIVERY PROGRAM PERFORMANCE INDICATORS

19 COUNCILLOR QUESTIONS 2017-10-17 RJS

COUNCILLOR B J MORRIS FILE: F12/1945 QFNM1 What process was followed to select Gowings Bros as Councils business partner for the Kempsey Cinema. If this was not an open process would this comply with all relevant regulations? 2017-10-17 RJS

COUNCILLOR B J MORRIS FILE: F12/1945 QFNM2 Does the execution of a Voluntary Planning Agreement need to be tied to a Development Application? If so, will this require an amendment to the Development Application for the Kempsey Cinema project?


2017-10-17 RJS

COUNCILLOR S E McGINN FILE: F12/1945 QFNM1 Re South West Rocks Scout Hall: could Council please be informed as to the outcome of the request by SWR Scouts to extend their fenced area to increase the safe enclosed area for Scout activities?

2017-11-21 DBH COUNCILLOR L J HAUVILLE FILE: F12/1945 QFNM1 Would all MIDROC minutes from the last 12 months be forwarded to Councillors as soon as possible?

2017-11-21 RJS COUNCILLOR L J HAUVILLE FILE: F12/1945 QFNM2 What progress has there been in the Australian International Aviation College preparing a resubmission of their Development Application?

2017-11-21 RJS COUNCILLOR L J HAUVILLE FILE: F12/1945 QFNM3 How was the answer to Councillor Baxter’s Question (F12/1945) “In general, the reliance on flood stock refuges has diminished” ascertained or, if not definitive, is there a need for a survey of landholders?

2017-11-21 RJS COUNCILLOR L J HAUVILLE FILE: F12/1945 QFNM4 Why is the one car park in front of Local Member’s office in Elbow Street now No Parking?

The following questions from Councillor Patterson were given to the minute taker before he left the meeting.

2017-11-21 RJS COUNCILLOR A P PATTERSON FILE: F12/1945 QFNM1 New bio security law – cleaning of vehicles on entry then exit of farms has this new law been advertised/explained to all residents of the Macleay?

2017-11-21 RJS COUNCILLOR A P PATTERSON FILE: F12/1945 QFNM2 What is the total Section 94 contributions received for the Euroka Dondingalong area?

2017-11-21 RJS COUNCILLOR A T Shields FILE: F12/1945 QFNM1 Could we please have an update on the proposed soft plastic recycling bins for Gladstone and South West Rocks?


2017-11-21

COUNCILLOR D F SAUL FILE: F12/1945

QFNM1

Kemps Access - has this road been graded?

20 CONFIDENTIAL ITEMS STAFF REPORTS FOR CONFIDENTIAL BUSINESS PAPER IN CLOSED MEETING

ITEM 20.1 VARIOUS LEGAL MATTERS

Contact Person: Daryl Hagger – Director Corporate Management File: F12/1960

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.

2017.401 RESOLVED: Moved: Cl. Shields Seconded: Cl. Saul 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. CLOSED MEETING The ordinary Council meeting IN CLOSED commenced at 4.15pm. RESUME IN OPEN MEETING

2017.402 RESOLVED: Moved: Cl. Morris Seconded: Cl. Saul That the ordinary Council meeting in Open Meeting be resumed. The ordinary Council meeting resumed in OPEN MEETING at 4.20pm. FROM COUNCIL IN CLOSED MEETING STAFF REPORTS


FROM CONFIDENTIAL BUSINESS PAPER IN CLOSED MEETING

ITEM 20.1 VARIOUS LEGAL MATTERS

Contact Person: Daryl Hagger – Director Corporate Management File: F12/1960

PURPOSE Reporting on the current position regarding legal matters.

2017.403 RESOLVED Moved: Cl. Hauville Seconded: Cl. Saul That the information be noted.

21 CONCLUSION There being no further business, the Mayor then closed the meeting, the time being 4.20pm.

minutes of the ordinary meeting of kempsey shire council · 11/21/2017 · minutes of the ordinary...

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