Draft Minutes of the Ordinary meeting of Kempsey Shire ......Ordinary Council Meeting - 19 February...
Transcript of Draft Minutes of the Ordinary meeting of Kempsey Shire ......Ordinary Council Meeting - 19 February...
Ordinary Council Meeting - 19 February 2019 Page 1
Minutes of the Ordinary meeting of Kempsey Shire Council19 February 2019 commenced at 9.00 am
Ordinary Council Meeting - 19 February 2019 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
General Manager, C L Milburn; Director Corporate and Commercial, S M Mitchell; 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 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
Cl Morris declared a non-pecuniary non-significant interest in item 15.3, Potential Environmental Impact - Continued Increase in Flight Activity at Kempsey Airport for the reason that he lives within 3 nautical miles of the airport, as does his mother-in-law, brother-in-law, daughter and her husband.
Craig Milburn, General Manager, declared a non-pecuniary non-significant interest in item 17.1 as he resides on a road relating to a matter considered by the committee. This interest was declared during debate of item 17.1.
5 ASSESSMENT OF ITEMS LISTED FOR CONFIDENTIAL CONSIDERATION
2018.347RESOLVED: MOVED: Cl Williams
SECONDED: Cl Hauville
Ordinary Council Meeting - 19 February 2019 Page 3
That the confidential reports be considered in the confidential section of the meeting.
FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Morris, Cl Campbell, Cl Hauville, Cl Shields, Cl Williams, Cl McGinnAGAINST: nil
6 CONFIRMATION OF MINUTES
MOVED: MOVED: Cl PattersonSECONDED: Cl Williams
That the minutes of the ordinary meeting of Kempsey Shire Council dated 18 December 2018 be confirmed.
An AMENDMENT was MOVED: MOVED: Cl MorrisSECONDED: Cl Hauville
That the minutes of the ordinary meeting of Kempsey Shire Council dated 18 December 2018 be reviewed for accuracy.
FOR: Cl Baxter, Cl Campbell, Cl Hauville, Cl McGinn, Cl Morris, Cl Patterson, Cl Saul, Cl Shields, Cl WilliamsAGAINST: nil
The AMENDMENT was PUT to the Meeting and was CARRIED and became the MOTION.
2018.351RESOLVED: MOVED: Cl Morris
SECONDED: Cl Hauville
That the minutes of the ordinary meeting of Kempsey Shire Council dated 18 December 2018 be reviewed for accuracy.
FOR: Cl Baxter, Cl Campbell, Cl Hauville, Cl McGinn, Cl Morris, Cl Patterson, Cl Saul, Cl Shields, Cl WilliamsAGAINST: nil
7 CITIZENSHIP CEREMONIES
Nil
8 PUBLIC FORUM AND PRESENTATIONS
8.1 PUBLIC FORUM
Ordinary Council Meeting - 19 February 2019 Page 4
Mr Gordon Bates and Ms Mel Timmins addressed Council speaking against item 13.1 T6-18-25 Residential flat building at Crescent Head
2018.352RESOLVED: MOVED: Cl Morris
SECONDED: Cl Hauville
That Mr Bates and Ms Timmins be granted an extension of 3 minutes to complete their presentation.
FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Morris, Cl Campbell, Cl Hauville, Cl Shields, Cl Williams, Cl McGinnAGAINST: nil
Ms Elizabeth "Betty" Green addressed Council speaking to the programmes of St Vincent de Paul.
8.2 PRESENTATIONS
Nil
9 CONSIDERATION OF MOTIONS FOR SUPPLEMENTARY REPORTS AND MOTIONS FOR CHANGES TO THE ORDER OF BUSINESS
2018.353RESOLVED: MOVED: Cl Williams
SECONDED: Cl Patterson
That the Agenda Order of Business be adopted.
FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Morris, Cl Campbell, Cl Hauville, Cl Shields, Cl Williams, Cl McGinnAGAINST: nil
10 CONSIDERATION OF REPORTS RELATING TO PUBLIC FORUM MATTERS
2018.354RESOLVED: MOVED: Cl Morris
SECONDED: Cl Williams
That the reports relating to the items dealt with in Public Forum not be brought forward.
FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Morris, Cl Campbell, Cl Hauville, Cl Shields, Cl Williams, Cl McGinnAGAINST: nil
Ordinary Council Meeting - 19 February 2019 Page 5
11 CONSIDERATION OF REPORTS RELATING TO A CONSENSUS MOTION
2018.355RESOLVED: MOVED: Cl Shields
SECONDED: Cl McGinn
That the recommendations contained in the following items be adopted: 13.7 Statement of Cash and Investments 13.14MIDWASTE Annual Report 2017/18
FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Morris, Cl Campbell, Cl Hauville, Cl Shields, Cl Williams, Cl McGinnAGAINST: nil
12 MAYORAL MINUTES
Nil
13 STAFF REPORTS
13.1 T6-18-25 RESIDENTIAL FLAT BUILDING AT CRESCENT HEADOfficer Shane Reinhold, Town Planner
File No T6-18-25
Attachments 1. T6-18-25 Plans [13.1.1]2. T 6-18-25 Conditions of Consent [13.1.2]3. T6-18-25 Public Submissions (1st round) [13.1.3]4. T6-18-25 Public Submissions (2nd Round) [13.1.4]5. T6-18-25 Applicant's KDCP 2013 Review [13.1.5]6. T6-18-25 Applicant's KLEP 2013 Variation Request [13.1.6]7. T6-18-25 Applicant's SEPP 65 Assessment [13.1.7]8. T6-18-25 Shadow Diagrams [13.1.8]9. T6-18-25 Applicant's Flood Policy Variation Request [13.1.9]
2018.359RESOLVED: MOVED: Cl Morris
SECONDED: Cl Baxter
That this matter be deferred until a site inspection is undertaken.
FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Morris, Cl Campbell, Cl Shields, Cl Williams, Cl McGinnAGAINST: Cl Hauville
Ordinary Council Meeting - 19 February 2019 Page 6
13.2 CODE OF MEETING PRACTICEOfficer Daniel Thoroughgood, Manager Governance and Information Services
File No F19/2541/05
Attachments 1. Procedure 5.1.4 - V 6 - Code of Meeting Practice - draft [13.2.1]
2018.360RESOLVED: MOVED: Cl McGinn
SECONDED: Cl Patterson
That the Draft Code of Meeting Practice is placed on exhibition for a period of not less than 28 days, with submissions open for not less than 42 days from the start of exhibition.
FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Morris, Cl Campbell, Cl Shields, Cl Williams, Cl McGinnAGAINST: Cl Hauville
13.3 SMITH STREET RED CEDAR TREESOfficer Steve Pellen, Coordinator Civic Services
File No F19/1688
Attachments 1. Smith Street Red Cedar Trees Arboricultural Report - January 2019 [13.3.1]
MOVED: MOVED: Cl PattersonSECONDED: Cl Williams
1. That Council acknowledge the independent arboricultural report regarding the five mature Red Cedar Trees along Smith Street
2. That Council allocate funds in the 2019/20 Operating Plan for the removal of these trees and replanting with similar trees in enlarged planting plots to continue the avenue effect along Smith Street.
An AMENDMENT was MOVED: MOVED: Cl Hauville
1. That Council acknowledge the independent arboricultural report regarding the five mature Red Cedar Trees along Smith Street
2. That Council allocate funds in the 2019/20 Operating Plan for the removal of two of these trees and replanting with similar trees in enlarged planting plots to continue the avenue effect along Smith Street.
3. That actions as recommended by the aboriculturist on the remaining trees be undertaken.
Ordinary Council Meeting - 19 February 2019 Page 7
The AMENDMENT LAPSED for want of a SECONDER.
2018.361RESOLVED: MOVED: Cl Patterson
SECONDED: Cl Williams
1. That Council acknowledge the independent arboricultural report regarding the five mature Red Cedar Trees along Smith Street
2. That Council allocate funds in the 2019/20 Operating Plan for the removal of these trees and replanting with similar trees in enlarged planting plots to continue the avenue effect along Smith Street.
FOR: Cl Baxter, Cl Campbell, Cl McGinn, Cl Morris, Cl Patterson, Cl Saul, Cl Shields, Cl WilliamsAGAINST: Cl Hauville
13.4 BACK CREEK PEDESTRIAN BRIDGE, SOUTH WEST ROCKSOfficer Dale Smith, Manager Infrastructure Delivery
File No F19/1762
Attachments Nil
2018.362RESOLVED: MOVED: Cl Patterson
SECONDED: Cl Williams
1. That Council permanently close the affected section of Back Creek Pedestrian Bridge to maintain public safety and protect Council’s treated effluent main.
2. That Council undertakes the required project planning to enable the replacement bridge construction to occur as soon as practicable.
3. That Council allocates additional funds to cover the current funding shortfall for completion of construction in the 2019/20 Operating Plan.
FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Morris, Cl Campbell, Cl Shields, Cl Williams, Cl McGinnAGAINST: Cl Hauville
13.5 DECEMBER 2018 QUARTERLY BUDGET REVIEW
Officer Wayne Douglass, Manager FinanceFile No F18/2009Attachments 1. December 2018 Quarterly Budget Review Statements [13.5.1]
Ordinary Council Meeting - 19 February 2019 Page 8
2. 2018-19 Key Performance Indicators - February 2019 [13.5.2]3. Matters In Progress 19 February 2019 [13.5.3]4. Grants Summary ( Feb 2019) [13.5.4]5. Combined Practical Completion Reports [13.5.5]
PURPOSE
To report the results of the Budget Review for the period ending 31 December 2018.
2018.364RESOLVED: MOVED: Cl McGinn
SECONDED: Cl Baxter
1 That the Budget Review for the period ending 31 December 2018 is adopted and the variations contained therein are approved;
2 That the Key Performance Indicators report is noted; 3 That the updates to the Matters in Progress are noted; 4 That the Grants Status Summary is noted; and 5 That the Project Practical Completion Reports are noted.
FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Morris, Cl Campbell, Cl Hauville, Cl Shields, Cl Williams, Cl McGinnAGAINST: nil
13.6 AUSTRALIA DAYOfficer Daniel Thoroughgood, Manager – Governance and Information Services
File No F19/2252
Attachments Nil
2018.365RESOLVED: MOVED: Cl Shields
SECONDED: Cl Patterson
1. That Council respond to the Minister for Immigration, Citizenship and Multicultural Affairs, the Honourable David Coleman MP, with the following feedback:a. Council supports the changes to the Citizenship Code, andb. Council holds its Australia Day Awards ceremony in the evening of the 25th January in
line with the National Australia Day Council, and
Ordinary Council Meeting - 19 February 2019 Page 9
c. Council continue to offer citizenship candidates the opportunity to participate in a Citizenship Ceremony on either Australia Day or the 25th January as part of the Australia Day Awards ceremony
2. That a report be brought to the April Ordinary Meeting of Council reviewing the Terms of
Reference of the Australia Day Committee and the Eligibility Criteria for the Australia Day Awards
3. That feedback be sought from the community as to how Council can provide support to celebrate Australia Day
FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Morris, Cl Campbell, Cl Hauville, Cl Shields, Cl Williams, Cl McGinnAGAINST: nil
13.7 STATEMENT OF CASH AND INVESTMENTS
Officer Wayne Douglass, Acting Chief Financial Officer
File No N/A
Attachments 1. Investments at January 2019 [13.7.1]2. Investment Performance Chart Jan 2019 [13.7.2]3. January 2019 bank reconciliation [13.7.3]4. Investments at December 2018 [13.7.4]5. Investment Performance Chart Dec 2018 [13.7.5]6. December 2019 bank reconciliation [13.7.6]
2018.356RESOLVED: MOVED: Cl Shields
SECONDED: Cl McGinn
That the report be noted.
FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Morris, Cl Campbell, Cl Hauville, Cl Shields, Cl Williams, Cl McGinnAGAINST: nil
13.8 CODE OF CONDUCTOfficer Daniel Thoroughgood, Manager – Governance and Information Services
File No F19/1933
Ordinary Council Meeting - 19 February 2019 Page 10
Attachments 1. Procedure 5.1.1 - V 6 - Code of Conduct - draft [13.8.1]2. Procedure 5.1.8 - V 3 - Code of Conduct Administration - draft [13.8.2]
MOVED: MOVED: Cl HauvilleSECONDED: Cl Morris
1. That the Model Code of Conduct and Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW be adopted.
2. That the clause on Social Media not be included and not considered or implemented until council receive advice from the Office of Local Government on why it was withdrawn from the model code of conduct
An AMENDMENT was MOVED: MOVED: Cl PattersonSECONDED: Cl McGinn
That the Model Code of Conduct and Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW be adopted, and that the social media clause be included using the text from the Office of Local Government Circular.
FOR: Cl Baxter, Cl Campbell, Cl McGinn, Cl Patterson, Cl Saul, Cl Shields, Cl WilliamsAGAINST: Cl Hauville, Cl Morris
The AMENDMENT was PUT to the Meeting and was CARRIED and became the MOTION.
2018.366RESOLVED: MOVED: Cl Patterson
SECONDED: Cl McGinn
That the Model Code of Conduct and Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW be adopted, and that the social media clause be included using the text from the Office of Local Government Circular.
FOR: Cl Baxter, Cl Campbell, Cl McGinn, Cl Morris, Cl Patterson, Cl Saul, Cl Shields, Cl WilliamsAGAINST: Cl Hauville
At this stage 10:31 am the meeting adjourned for morning tea and upon resumption at 10:55 am all present at the adjournment were in attendance.
13.9 CHANGE OF COUNCIL MEETING DATESOfficer Daniel Thoroughgood, Manager – Governance and Information Services
File No F19/1871
Attachments Nil
Ordinary Council Meeting - 19 February 2019 Page 11
MOVED: MOVED: Cl McGinnSECONDED: Cl Patterson
1. That the June 2019 ordinary meeting of Council be rescheduled from 18 June 2019 to 25 June 2019, in order to avoid conflict with the National General Assembly of Local Government.
2. That the October 2019 ordinary meeting of Council be rescheduled from 15 October 2019 to 22 October 2019, in order to avoid conflict with the Local Government NSW Annual Conference.
COMMITTEE OF THE WHOLE
MOVED: MOVED: Cl Hauville
That Council move into Committee of the Whole for discussions related to Item 13.9 Change of Council Meeting Dates.
The MOTION LAPSED for want of a seconder
2018.367RESOLVED: MOVED: Cl McGinn
SECONDED: Cl Patterson
1. That the June 2019 ordinary meeting of Council be rescheduled from 18 June 2019 to 25 June 2019, in order to avoid conflict with the National General Assembly of Local Government.
2. That the October 2019 ordinary meeting of Council be rescheduled from 15 October 2019 to 22 October 2019, in order to avoid conflict with the Local Government NSW Annual Conference.
FOR: Cl Baxter, Cl Campbell, Cl McGinn, Cl Patterson, Cl Saul, Cl Shields, Cl WilliamsAGAINST: Cl Hauville, Cl Morris
13.10 PLANNING PROPOSAL, ROCKS CENTRALOfficer Steve Schwartz, Co-ordinator Strategic and Environmental Planning
File No KLEP2013-AM-28
Attachments 1. 6262 Planning Proposal Rocks Central [13.10.1]
2018.368RESOLVED: MOVED: Cl Shields
SECONDED: Cl Saul
Ordinary Council Meeting - 19 February 2019 Page 12
That the Planning Proposal and associated documentation be submitted to the Minister for Planning to seek a Gateway determination pursuant to Sections 3.33 and 3.34 of the Environmental Planning and Assessment Act 1979 and seek delegation to exercise the functions of a local plan-making authority pursuant to Section 3.31 of the Act.
FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Morris, Cl Campbell, Cl Hauville, Cl Shields, Cl Williams, Cl McGinnAGAINST: nil
13.11 ROCK FISHING SAFETY ACT 2016Officer Robert Fish - Director Operations and Planning
File No F19/2351
Attachments 1. Rock Fishing Safety Act Information Pack [13.11.1]
2018.369RESOLVED: MOVED: Cl Patterson
SECONDED: Cl McGinn
That this matter be deferred.
FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Morris, Cl Campbell, Cl Hauville, Cl Shields, Cl Williams, Cl McGinnAGAINST: nil
13.12 DELIVERY PLAN - SIX MONTHLY UPDATEOfficer Stephen Mitchell, Director Corporate & Commercial
File No F19/1859
Attachments 1. Delivery Program Report February 2019 [13.12.1]
2018.358RESOLVED: MOVED: Cl McGinn
SECONDED: Cl Williams
That Council notes the progress achieved in the third six monthly report of the Delivery Program 2017-2021.
Ordinary Council Meeting - 19 February 2019 Page 13
FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Morris, Cl Campbell, Cl Hauville, Cl Shields, Cl Williams, Cl McGinnAGAINST: nil
13.13 DEVELOPMENT ACTIVITY AND LEP VARIATIONS - QUARTERLY SNAPSHOT Officer Graham Snow, Manager Development AssessmentFile No F18/1831Attachments Nil
PURPOSE To report to Council quarterly on any approvals that included variations to Council’s Kempsey Local Environmental Plan (KLEP), which involved the use of Clause 4.6, and to provide information on development approvals for the period of October, November and December 2018. 2018.370RESOLVED: MOVED: Cl Patterson
SECONDED: Cl McGinn
That Council note the information on development activity.
FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Morris, Cl Campbell, Cl Hauville, Cl Shields, Cl Williams, Cl McGinnAGAINST: nil
13.14 MIDWASTE ANNUAL REPORT 2017/18
Officer Gavin Hughes, Coordinator Waste Services File No f19/1752Attachments 1. M W 125 1718 AR Nov 18 WEB READY [13.14.1]
PURPOSE
To present the MIDWASTE 2017/18 Annual Report highlighting the benefits to member councils and the community.
2018.357RESOLVED: MOVED: Cl Shields
SECONDED: Cl McGinn
1. That Council note the MIDWASTE 2017/18 Annual Report; and
2. That Council publish the MIDWASTE 2017/18 Annual Report on Council’s website.
Ordinary Council Meeting - 19 February 2019 Page 14
FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Morris, Cl Campbell, Cl Hauville, Cl Shields, Cl Williams, Cl McGinnAGAINST: nil
14 RESCISSION MOTIONS
Nil
15 NOTICES OF MOTION
15.1 LETTER REQUESTING AN INVESTIGATION OF A CRESCENT HEAD ROAD INTERCHANGE
Councillor Leo HauvilleFile No F18/1789Attachments 1. NO M 1 - Att 2 - policy-3-01-roads [15.1.1]
2. NO M 1 - Att 1 - KAS letter [15.1.2]
PURPOSE
To investigate the trigger point of that will require the state Government installing an interchange on the Crescent Head Road and the Pacific Motorway I intend to move the following motion at the ordinary meeting to be held Tuesday, 19th February, 2019.
MOVED: MOVED: Cl HauvilleSECONDED: Cl Morris
That Council send a letter to the Premier of New South Wales, the Hon. Ms Gladys Berejiklian, M.P., Member for Willoughby, requesting she have the Roads and Maritime Services (RMS) investigate the trigger point factors for an interchange to be installed at the juncture of Crescent Head Road and the Pacific Motorway. 1. The letter request a reply outlining the trigger point. 2. Council and the community should be informed of any reply as soon as it is received. 3. When there is a response Council is to be provided with a separate report with
recommendation(s) for determination on any possible further action.
2018.363RESOLVED: MOVED: Cl McGinn
SECONDED: Cl Patterson
That this matter lay on the table.
Ordinary Council Meeting - 19 February 2019 Page 15
FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Campbell, Cl Shields, Cl McGinnAGAINST: Cl Morris, Cl Hauville, Cl Williams
15.2 NAME CHANGE PROPOSAL - BENEFITS AND IMPLICATIONS
Councillor Leo HauvilleFile No F18/**Attachments 1. NO M 2 - Att 3 - Sydney Morning Herald 2015 [15.2.1]
2. NO M 2 - Att 2 - 2009-08-11-minutes [15.2.2]3. NO M 2 - Att 4 - General Manager Report 2009 [15.2.3]4. NO M 2 - Att 1 - Last 10 Mayoral Columns [15.2.4]5. NO M 2 - Att 5 - Pavey FB post [15.2.5]
PURPOSE
To assess the naming change from Kempsey Shire Council to Macleay Valley Council the community should be given clear long-term benefits of such a change. I intend to move the following motion at the ordinary meeting of Council to be held Tuesday, 19 February 2019.
MOVED: MOVED: Cl HauvilleSECONDED: Cl Morris
That, in regard to the Delivery Program of “Connected: Our Community is vibrant and engaged and connected” in the Program “Working Together” with the final priority action of “Renaming the Shire”, Council is to be given a Report by August 2019 for consideration of moving forward with the action. The Report should address:1. Reason(s) for the change to Macleay Valley Council from Kempsey Shire Council:2. The full history of previous attempts to change the name to Macleay Valley Coast based on
a survey;3. The best plan for Community consultation on a possible name change that should be
inclusive;4. Financial implications of implementing the change including initial costs, and if approved by
the Governor of NSW, the ongoing costs;5. Any geographical difficulties of taking on the “Macleay Valley Council” name with less than
30% of the Shire in said valley.6. Recent historical challenges or roadblocks other NSW Councils have encountered with name
changes;7. Considered likelihood of gaining State Government approval;8. And any other pertinent matters as determined by staff.
AMENDMENT was MOVED: MOVED: Cl McGinnSECONDED: Cl Patterson
That, in regard to the Delivery Program of “Connected: Our Community is vibrant and engaged and connected” in the Program “Working Together” with the final priority action of “Renaming the
Ordinary Council Meeting - 19 February 2019 Page 16
Shire”, Council is to be given a Report by August 2019 for consideration of moving forward with the action.
2018.371RESOLVED: MOVED: Cl Saul
That the AMENDMENT be PUT.
FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Campbell, Cl Shields, Cl Williams, Cl McGinnAGAINST: Cl Morris, Cl Hauville
AMENDMENT: MOVED: Cl McGinnSECONDED: Cl Patterson
That, in regard to the Delivery Program of “Connected: Our Community is vibrant and engaged and connected” in the Program “Working Together” with the final priority action of “Renaming the Shire”, Council is to be given a Report by August 2019 for consideration of moving forward with the action.
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.
2018.372RESOLVED: MOVED: Cl McGinn
SECONDED: Cl Patterson
That, in regard to the Delivery Program of “Connected: Our Community is vibrant and engaged and connected” in the Program “Working Together” with the final priority action of “Renaming the Shire”, Council is to be given a Report by August 2019 for consideration of moving forward with the action.
FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Morris, Cl Campbell, Cl Hauville, Cl Shields, Cl Williams, Cl McGinnAGAINST: nil
15.3 POTENTIAL ENVIRONMENTAL IMPACT - CONTINUED INCREASE IN FLIGHT ACTIVITY AT KEMPSEY AIRPORT
Councillor Bruce MorrisFile No F18/2466Attachments Nil
PURPOSE
Ordinary Council Meeting - 19 February 2019 Page 17
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, 19 February 2019.
2018.374MOVED: MOVED: Cl Morris
SECONDED: Cl Hauville
That Council requires an appropriate Environmental Assessment to be lodged as a part of any proposal by an applicant for a long-term or permanent material increase in flight activity, as evidenced in the past 12 months, at the Kempsey Airport.
FOR: Cl Morris, Cl HauvilleAGAINST: Cl Patterson, Cl Baxter, Cl Saul, Cl Campbell, Cl Shields, Cl Williams, Cl McGinn
The MOTION was put to the meeting and was LOST
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.
MOVED: MOVED: Cl MorrisSECONDER: Cl Hauville
1 That the information be noted.
2 That Council consider enforcing the requirement within our Code of Meeting Practice to alternate with a speaker for a motion followed by a speaker against.
3 That Council consider implementing the process when reviewing our Code of Meeting Practice that the mover of a Motion does not speak to the Motion if there is no objection or amendment to the Motion moved.
Ordinary Council Meeting - 19 February 2019 Page 18
4 That Council investigate the use of smart bins in high use recreational areas.
5 That Council investigates the installation of sensors when vehicle parking areas are upgraded or resurfaced.
An AMENDMENT was MOVED: MOVED: Cl PattersonSECONDED: Cl McGinn
That the information be noted.
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.
2018.376RESOLVED: MOVED: Cl Patterson
SECONDED: Cl McGinn
That the information be noted.
FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Campbell, Cl Shields, Cl Williams, Cl McGinnAGAINST: Cl Morris, Cl Hauville
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
For Council to adopt the minutes of the Local Traffic Committee meeting held on 4 December 2018.
2018.375RESOLVED: MOVED: Cl Saul
SECONDED: Cl Patterson
That Council notes the minutes and adopts the recommendations of the Local Traffic Committee meeting of 4 December 2018.
FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Morris, Cl Campbell, Cl Hauville, Cl Shields, Cl Williams, Cl McGinnAGAINST: nil
Ordinary Council Meeting - 19 February 2019 Page 19
17.2 AUSTRALIA DAY COMMITTEE MEETING HELD ON 17 DECEMBER 2018
Officer Daniel Thoroughgood, Manager Governance & Information ServicesFile No F19/2252Attachments 1. australia day committee minutes 2018-12-17 [17.2.1]
PURPOSE
For Council to confirm the minutes of the Australia Day Committee meeting held on 17 December 2018.
2018.377RESOLVED: MOVED: Cl Patterson
SECONDED: Cl Williams
That the minutes of the Australia Day Committee dated 17 December 2018 be confirmed.
FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Morris, Cl Campbell, Cl Hauville, Cl Shields, Cl Williams, Cl McGinnAGAINST: nil
18 DELIVERY PROGRAM PERFORMANCE INDICATORS
Nil
19 COUNCILLOR QUESTIONS
COUNCILLOR HAUVILLE FILE: F12/1945QFNM1Why has no restoration of the three AIAC demountable building sites at the Kempsey Airport in Aldavilla, that had been removed after the agreed timespan, been found acceptable despite the written agreement to restore the site to the original condition? Has there been any communication with AIAC on this matter, and if so, when and what has the reply been?
COUNCILLOR HAUVILLE FILE: F12/1945QFNM2On what date did the first dispensation of fuel for aircraft occur from the new fuelling facility at Kempsey Airport?
COUNCILLOR HAUVILLE FILE: F12/1945QFNM3Will Councillors be given access to the monthly report from AIAC on their usage of Kempsey Airport in Aldavilla? How many reports have been furnished to Council since the agreement was signed?
Ordinary Council Meeting - 19 February 2019 Page 20
COUNCILLOR HAUVILLE FILE: F12/1945QFNM4During 2018 how many safety and compliance inspections were undertaken of existing private swimming pools throughout Kempsey Shire?
COUNCILLOR HAUVILLE FILE: F12/1945QFNM5What is the process for picking up a motion that has “been laid on the table”, and has this meeting procedure been used at Council in recent history?
COUNCILLOR MORRIS FILE: F12/1945QFNM1In the past Council has considered the whole of life costs (operating and maintenance costs, and depreciation) in relation to proposed Capital Works. This practice seems to have been discontinued of late. Can this be reintroduced as it is an essential consideration in relation to Councils ongoing financial sustainability?
COUNCILLOR MORRIS FILE: F12/1945QFNM2Can this consideration also be extended to consider the whole of life costs (operating and maintenance costs, and depreciation) associated with any grant applications that will result in works being undertaken that will be capitalised?
COUNCILLOR MORRIS FILE: F12/1945QFNM3What is the assessed impact on Council's long term financial sustainability as a result of the handover of the associated road sections following the highway duplication, that have been reported to have a value in the order of $50 million?
COUNCILLOR MORRIS FILE: F12/1945QFNM4Can the development of a Master Plan for Stuarts Point be included in the next Delivery Plan of Council? If not, why not given the likely residential growth after the completion of the sewerage scheme?
COUNCILLOR MORRIS FILE: F12/1945QFNM5Will Council be reviewing the planning documents applicable for Stuarts Point and the surrounding region prior to the commissioning of the sewerage scheme to maximise the potential development opportunities?
COUNCILLOR PATTERSON FILE: F12/1945QFNM1Who is responsible for the basketball court in Verge Street, Kempsey? Can it be revitalised or maintained?
Ordinary Council Meeting - 19 February 2019 Page 21
COUNCILLOR PATTERSON FILE: F12/1945QFNM2Traffic islands on the corner of Belgrave St, Stuart St and the exit of Big W onto Smith St need repairing. Can that be looked at?
COUNCILLOR PATTERSON FILE: F12/1945QFNM3Houses that are in Dunghutti Place, Greenhill, backing onto River St – who is the owner of these properties and can these fences be fixed and the yards be kept or maintained?
COUNCILLOR PATTERSON FILE: F12/1945QFNM4About the investigation of Belgrave St and Gladstone St intersections because of the proposed development. Is this happening now?
20 CONFIDENTIAL ITEMS
2018.378RESOLVED: MOVED: Cl Saul
SECONDED: Cl Baxter
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.
FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Morris, Cl Campbell, Cl Hauville, Cl Shields, Cl Williams, Cl McGinnAGAINST: nil
20.1 LEGAL MATTERS
Officer Daniel Thoroughgood, Manager Governance & Information Services
File No 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.
2018.380
Ordinary Council Meeting - 19 February 2019 Page 22
RESOLVED: MOVED: Cl ShieldsSECONDED: Cl McGinn
That the information be noted
FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Morris, Cl Campbell, Cl Hauville, Cl Shields, Cl Williams, Cl McGinnAGAINST: nil
20.2 TENDER TO ESTABLISH A PANEL TO PERFORM INVASIVE WEED CONTROL/VEGETATION MANAGEMENT SERVICES
Officer Greg Egan, Weeds Officer
File No TQE18/24 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.
2018.381RESOLVED: MOVED: Cl Saul
SECONDED: Cl Baxter
That the following four tenders listed be accepted for a panel of pre-approved contractors to perform invasive weed control/management services at various locations in the Kempsey Shire Council Local Government Area for the period 1 March 2019 to 1 March 2022 with the option of two single year extensions subject to acceptable performance:
1. Beranghi Selective Spraying Services
2. Mid Coast All Terrain Vegetation and Weed Control Pty Ltd
3. RAW Environmental Services Pty Ltd
4. Rox Spraying Services
FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Morris, Cl Campbell, Cl Hauville, Cl Shields, Cl Williams, Cl McGinnAGAINST: nil
20.3 TENDER TQE18/20 CONSTRUCTION OF NEW DONDINGALONG RFS STATION
Ordinary Council Meeting - 19 February 2019 Page 23
Officer Brian Ross, Coordinator Commercial Property & Facilities
File No TQE18/20
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.
2018.382RESOLVED: MOVED: Cl Morris
SECONDED: Cl Saul
That Council:
1. Accepts the lump sum tender submitted by Osborne & Dowling Pty Ltd to construct a new Rural Fire station at Dondingalong (Tender TQE18/20) at a cost of $559,149.09 (excluding GST); and
2. Execute the contract documents under the seal of Council.
FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Morris, Cl Campbell, Cl Hauville, Cl Shields, Cl Williams, Cl McGinnAGAINST: nil
20.4 TQE18/21 CONSTRUCTION OF NEW AMENITIES BUILDING CRESCENT HEAD CBD
Officer Brian Ross, Coordinator Commercial Property & Facilities
File No TQE18/21 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.
2018.383
Ordinary Council Meeting - 19 February 2019 Page 24
RESOLVED: MOVED: Cl PattersonSECONDED: Cl Baxter
That Council:
1. Accepts the lump sum tender submitted by Osborne & Dowling Pty Ltd for the amount of $164,981.82 (excluding GST), to construct a new amenities building at Crescent Head CBD – Tender TQE18/21.
2. Fund the total project cost shortfall of $80,354 via the Toilet Block Replacement Program to permit the project to proceed through to finalisation; and
3. Execute the contract documents under the seal of Council.
FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Morris, Cl Campbell, Cl Hauville, Cl Shields, Cl Williams, Cl McGinnAGAINST: nil
20.5 TQE18/22 CONSTRUCTION OF NEW AMENITIES BUILDING GLADSTONE PARK GLADSTONE
Officer Brian Ross, Coordinator Commercial Property & Facilities
File No TQE18/22 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.
2018.384RESOLVED: MOVED: Cl Saul
SECONDED: Cl Shields
That Council:
1. Accepts the lump sum tender submitted by Osborne & Dowling Pty Ltd for the amount of $134,794.73 (excluding GST), to construct a new amenities building at Gladstone Park, Gladstone – Tender TQE18/22.
2. That Council agree to fund the shortfall of $30,614 via Toilet Block Replacement Program to permit the project to proceed through to finalisation; and.
3. Execute the contract documents under the seal of Council.
Ordinary Council Meeting - 19 February 2019 Page 25
FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Morris, Cl Campbell, Cl Hauville, Cl Shields, Cl Williams, Cl McGinnAGAINST: nil
MOTION TO RESUME COUNCIL MEETING
2018.385RESOLVED: MOVED: Cl Saul
SECONDED: Cl Shields
That the ordinary Council meeting in Open Meeting be resumed.
FOR: Cl Patterson, Cl Baxter, Cl Saul, Cl Morris, Cl Campbell, Cl Hauville, Cl Shields, Cl Williams, Cl McGinnAGAINST: nil
21 CONCLUSION
There being no further business, the Mayor then closed the meeting, the time being 12:50 pm.