Edited Minutes of the ordinary meeting of Kempsey Shire ... · 11/15/2016 · This is page 1 of...

This is page 1 of the minutes of the Kempsey Shire Council ordinary meeting held Tuesday 15 November 2016.

MINUTES OF THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL 15 November 2016 commencing at 9.04am. PRESENT: Councillors E A Campbell (Mayor and Chairman), M J Baxter, L J Hauville, B J Morris, A P Patterson, D F Saul, A T Shields and A J Williams General Manager, D L Rawlings; Director Sustainable Environment, R B Pitt; Director Community Engagement, K E Oliver; Director Infrastructure Services, R J Scott; Director Corporate Management, D B Hagger; Manager Information Management and Governance, D S Thoroughgood; and Minute Taker D M Pearson.

1 OPENING PRAYER “Dear Lord, help us in our deliberations today so that our decisions will be for the greater good for the whole of Kempsey Shire - Amen”.

2 ACKNOWLEDGEMENT OF THE TRADITIONAL ABORIGINAL LAND OWNERS “Council acknowledges that this meeting is being held on the traditional lands of the Dunghutti People”.

3 APOLOGIES

2016.243 RESOLVED: Moved: Cl. Saul Seconded: Cl. Shields That the apology submitted by Councillor McGinn for non-attendance at the meeting be accepted and leave of absence granted.

4 DECLARATIONS OF INTEREST Councillor Campbell declared a non-pecuniary non-significant interest in item 13.9 for the reason that patron of the Historical Society. Councillor Hauville declared a non-significant non-pecuniary interest in item 13.10 for the reason that he is on the committee of the Airshow.


5 ASSESSMENT OF ITEMS LISTED FOR CONFIDENTIAL CONSIDERATION

2016.244 RESOLVED: Moved: Cl. Williams Seconded: Cl. Patterson That the confidential reports be considered in the confidential section of the meeting.

6 CONFIRMATION OF MINUTES

2016.245 RESOLVED: Moved: Cl. Shields Seconded: Cl. Patterson That the minutes of the ordinary meeting of Kempsey Shire Council dated 27 September 2016 be confirmed noting that Councillor Hauville being recorded as voting against item 13.8.

7 CITIZENSHIP CEREMONIES Nil

8 PUBLIC FORUM / PRESENTATIONS Public Forum This item was deferred until later in the meeting. Presentations

This item was deferred until later in the meeting.

9 CONSIDERATION OF MOTIONS FOR SUPPLEMENTARY REPORTS AND MOTIONS FOR CHANGES TO THE ORDER OF BUSINESS

2016.246 RESOLVED: Moved: Cl. Saul

Seconded: Cl. Williams That the Agenda Order of Business be adopted.

10 CONSIDERATION OF REPORTS RELATING TO PUBLIC FORUM MATTERS

11 CONSIDERATION OF REPORTS RELATING TO A CONSENSUS MOTION

2016.247 RESOLVED: Moved: Cl. Shields


Seconded: Cl. Williams That recommendations in items 13.14 – 13.21 be adopted.

ITEM 13.14 PROCEDURE ON PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO THE MAYOR AND COUNCILLORS

Contact Person: Daryl Hagger – Director Corporate Management File: F12/818-04

PURPOSE To adopt Council’s procedure on the payment of expenses and provision of facilities to the Mayor and Councillors.

2016.248 RESOLVED: Moved: Cl. Shields Seconded: Cl. Williams That the procedure on payment of expenses and provision of facilities for the Mayor and Councillors be adopted.

ITEM 13.15 LAND ACQUISITION – BAKER DRIVE, CRESCENT HEAD

Contact Person: Robert Scott– Director Infrastructure Services File: KLEP2013-AM-1, LA19442, LA31868, LA31412, LA21229, LA9154, LA16920

PURPOSE

To make an application for the compulsory acquisition of Crown land situated off Baker Drive at Crescent Head.

2016.249 RESOLVED: Moved: Cl. Shields Seconded: Cl. Williams 1 That pursuant to Section 177 of the Roads Act 1993 application be made to the Minister for

Local Government and His Excellency the Governor for the compulsory acquisition of Lots 1, 2 and 3 Deposited Plan 1222868 for the purposes of a public road.

2 That all mines and minerals and the easement for pipeline 5 wide depicted in DP792227 and created vide Government Gazette of 22 June 1990 at Folio 5312, be excluded from the compulsory acquisition.

3 That once road construction on Lots 1, 2 and 3 Deposited Plan 1222868 is complete, Lots 1, 2 and 3 Deposited Plan 1222868 be dedicated as public road.

ITEM 13.16 LAND ACQUISTION – LUKES LANE, BARRAGANYATTI


Contact Person: Robert Scott – Director Infrastructure Services File: F12/213-05, LA6034, LA61241

PURPOSE

To approve the payment of compensation for the acquisition of land arising from the recent refurbishment of Lukes Lane at the intersection of Stuarts Point Road.

2016.250 RESOLVED: Moved: Cl. Shields Seconded: Cl. Williams 1 That compensation in the amount of $5,741 (GST Exclusive) be paid to the owners of Lot 2

Deposited Plan 860414 for the acquisition of that part of Lot 2 Deposited Plan 860414 more particularly described as Lot 2 in plan of acquisition, Deposited Plan 1224433.

2 That compensation in the amount of $7,125 (GST Exclusive) be paid to the owners of Lot 1 Deposited Plan 431119 for the acquisition of that part of Lot 1 Deposited Plan 431119 more particularly described as Lot 1 in plan of acquisition, Deposited Plan 1224433.

3 That the General Manager be delegated authority to sign:

a) Contract for Sale/Deed of Acquisition

b) Land and Property Information Transfer Forms

4 That on acquisition, Lots 1 and 2 Deposited Plan 1224433 be dedicated as public road.

ITEM 13.17 CODE OF CONDUCT COMPLAINTS REPORT


PURPOSE To provide a report on code of conduct complaint statistics for the twelve month period ending 30 September 2016.

2016.251 RESOLVED: Moved: Cl. Shields Seconded: Cl. Williams That the information be noted.

ITEM 13.18 MAYORAL COMMUNITY FUND ACKNOWLEDGEMENTS

Contact Person: Daryl Hagger – Director Corporate Services File: F12/1124-03

PURPOSE


Reporting on acknowledgements from recipients of the 2016 round of applications to the Mayoral Community Fund.


ITEM 13.19 SUPPLEMENTARY PECUNIARY INTEREST RETURNS AND DECLARATIONS


PURPOSE To table a Disclosure of Interest Return lodged in accordance with section 450A (2) (c) of the Local Government Act 1993.

2016.253 RESOLVED: Moved: Cl. Shields Seconded: Cl. Williams That the lodgement and tabling of the 2015/2016 Pecuniary Interest Return be noted.

ITEM 13.20 STATEMENT OF CASH AND INVESTMENTS

Contact Person: Tony Curtin – Manager Finance File: N/A

PURPOSE Reporting on the statement of bank balance and investments for the months of September and October 2016.


ITEM 13.21 DEVELOPMENT APPROVALS AND CONSTRUCTION CERTIFICATES

Contact Person: Robert Pitt – Director Sustainable Environment File: N/A

PURPOSE

To report that the following applications have been approved for the period of September and October 2016 and includes approvals by Private Certifiers.



12 MAYORAL MINUTES

ITEM 12.1 REVIEW OF PROCUREMENT

Contact Person: Mayor - Liz Campbell File: F12/303-05

PURPOSE

To strengthen Council’s focus on the positive opportunities that procurement can have on the local economy. There has been changes in how Councils manage procurement and a review is necessary to gain insights into opportunities that change brings.

2016.256 RESOLVED Moved: Cl. Campbell 1 That an assessment is undertaken into the use of an external procurement agency for

engaging plant and equipment relative to undertaking the contract management in-house. 2 That the assessment: a) Outline the benefits and advantages of each method and consider if either creates

increased barriers to local contractors being engaged. b) Determine the total actual cost of each method on a relative basis and recommend

the best value outcome. c) Be reported to the December 2016 Council meeting. 3 That a review of Council’s Procurement Policy (5.9) be undertaken. That this review consider

the following amendments: a) Insert a new objective before point 2 as: “To encourage and support local suppliers

and support economic activity within the Kempsey Shire, where it is efficient to do so, while achieving the Council’s overall ‘value-for-money’ objectives.”

b) Insert a new policy statement before point 2 c) as: “The community benefits will be

considered when purchasing locally as part of the evaluation of the benefits of procurement decisions.”

c) That consideration of a quadruple bottom line approach be included with a particular

emphasis on the assessment of the value to the community of local content. The Mayor noted that the forgoing resolution was passed UNANIMOUSLY. WORKSHOP


2016.257 RESOLVED: Moved: Cl. Morris

Seconded: Cl. Patterson That Council move into workshop to allow discussion in open Council on item 12.1 MOTION TO RESUME COUNCIL MEETING

2016.258 RESOLVED: Moved: Cl. Williams Seconded: Cl. Morris That the formal Council meeting be resumed. The following items were deferred from earlier in the meeting. Public Forum 9.34am Kempsey Singers addressed Council speaking on a non-agenda item - promotion the importance and influence of the role of this organisation and the BandBox Theatre.

2016.259 RESOLVED Moved: Cl. Patterson Seconded: Cl. Morris That Kempsey Singers be granted an extension of time to complete their presentation. Presentations

At 9.54am Geoff Dwyer from Thomas Noble & Russell Chartered Accountants conducted a presentation on the Annual external Auditors report. At this stage 10.24am the meeting adjourned for morning tea and upon resumption at 10.50am all present at the adjournment were in attendance.

ITEM 12.2 CHINESE DELEGATION VISIT

Contact Person: Mayor - Liz Campbell File: F12/282-05

PURPOSE

To appraise Council of the progress made in fostering the opportunity within the local community for increased investment, particularly in the areas of agribusiness and tourism.

2016.260 RESOLVED Moved: Cl. Campbell


1. That the information be noted. 2. That a report be brought back to Council on the benefits to the community.

ITEM 12.3 JUDITH EVILL HOMES FOR THE AGED, 53 TOZER STREET, WEST KEMPSEY

Contact Person: Mayor - Liz Campbell File: LA13967

PURPOSE To withdraw the Judith Evill Homes for the Aged from expression of interest for sale at this time.

2016.261 RESOLVED Moved: Cl. Campbell 1. That the Judith Evill Homes for the Aged be withdrawn from sale pending a review. 1 That a report be prepared and reported back to Council by March 2017 to identify whether

the Judith Evill Homes for the Aged be retained and operated by Council or disposed of. 3. That a letter of apology be forwarded to business agents in the shire stating that they

should’ve been included in the process. WORKSHOP

2016.262 RESOLVED: Moved: Cl. Patterson Seconded: Cl. Morris That Council move into workshop to allow discussion in open Council on item 12.3 MOTION TO RESUME COUNCIL MEETING

2016.263 RESOLVED: Moved: Cl. Williams Seconded: Cl. Shields That the formal Council meeting be resumed.

13 STAFF REPORTS

ITEM 13.1 2015/2016 FINANCIAL STATEMENTS AND AUDITORS REPORT

Contact Person: Tony Curtin – Manager Finance File: F12/255-05, F12/283-05

PURPOSE

Reporting on the 2015/2016 financial statements and auditor's report.


2016.264 RESOLVED Moved: Cl. Saul Seconded: Cl. Shields

1 That the auditor’s report for the year ended 30 June 2016 be received.

2 That the General Purpose and Special Purpose Financial Reports for the year ended 30 June 2016 be received.

The Mayor thanked Council staff for all their work in presentation of the financial reports.

ITEM 13.2 SOUTH KEMPSEY VILLAGE PRECINCT PLANNING PROPOSAL

Contact Person: Robert Pitt – Director Sustainable Environment File: TQE16/12

PURPOSE

To refer the Planning Proposal to the Department of Planning and Environment (DP&E) requesting a Gateway Determination to proceed with the amendment.

2016.265 RESOLVED Moved: Cl. Morris Seconded: Cl. Patterson That the Draft Planning Proposal and associated documentation be submitted to the Minister for Planning for consideration of issuing a “gateway” determination pursuant to Section 56 of the Environmental Planning and Assessment Act 1979

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

Baxter F Campbell F Hauville F Morris F

Patterson F Saul F Shields F Williams F

ITEM 13.3 DRAFT KEMPSEY FLOOD RISK MANAGEMENT STUDY AND PLAN

Contact Person: Robert Pitt– Director Sustainable Environment File: FM500

PURPOSE

To seek Council’s endorsement of the Draft Kempsey Flood Risk Management Study and Plan for the purposes of public exhibition. The Natural Resources Working Group has considered the documents and has recommended that the Draft Kempsey Flood Risk Management Study and Plan proceed to public exhibition.


MOVED Moved: Cl. Morris Seconded: Cl. Williams 1 That Council accept the Draft Flood Risk Management Study and Plan including supporting

documents as presented by WMA Water P/L be accepted.

2 That the Draft Kempsey Flood Risk Management Study and Plan be exhibited for a period of not less than 56 days.

WORKSHOP

2016.266 RESOLVED: Moved: Cl. Morris Seconded: Cl. Shields That Council move into workshop to allow discussion in open Council on item 13.3 MOTION TO RESUME COUNCIL MEETING

2016.267 RESOLVED: Moved: Cl. Saul Seconded: Cl. Morris That the formal Council meeting be resumed.

2016.268 An Amendment was MOVED: Moved: Cl. Campbell Seconded: Cl. Saul That the Draft Flood Risk Management Study and plan be deferred and reported back to Council with a modified report.

2016.269 The AMENDMENT was PUT to the MEETING and was CARRIED. Councillors Hauville and Morris recorded their votes against the foregoing Motion.

2016.270 The MOTION was PUT to the MEETING and was CARRIED.

ITEM 13.4 KLEP 2013 AMENDMENT NO. 12 – PLANNING PROPOSAL – NATIONAL PARKS, MARIA RIVER, CRESCENT HEAD

Contact Person: Robert Pitt - Director Sustainable Environment File: KLEP2013-AM-12

PURPOSE

To advise of the outcomes of the Consultation/Public Exhibition for the Planning Proposal for Draft Kempsey LEP Amendment No 12.

The Planning Proposal is to amend the Kempsey Local Environmental Plan 2013(KLEP 2013) to re-zone four land parcels in the Maria River Road area from E2 (Environmental Conservation) and RU2 (Rural Landscape) to E1 (National Parks and Reserves), at the request of National Parks and Wildlife Service.


Subject Land: Lots 8, 108 and 186 DP754441, Crescent Head and a portion of Lot 1 DP1191860 Illa Langi Road, Crescent Head.

2016.271 RESOLVED Moved: Cl. Morris

Seconded: Cl. Williams That Council exercise delegation from the NSW Department of Planning and Environment to make the LEP Amendment.




ITEM 13.5 SECTION 94 DEVELOPER CONTRIBUTION PLANS REVIEW

Contact Person: Robert Pitt – Director Sustainable Environment File: F12/1216-02

PURPOSE

To seek Council’s endorsement for the proposed direction for a review of Councils section 94 developer contribution plans.

2016.272 RESOLVED Moved: Cl. Morris Seconded: Cl. Shields That the strategic direction for the section 94 contribution plans review as outlined under Option 2 be endorsed and progressed.




The Mayor noted that the forgoing resolution was passed UNANIMOUSLY.

ITEM 13.6 IMPLEMENTATION OF THE RURAL RESIDENTIAL LAND RELEASE STRATEGY – MASTERPLAN PROPOSAL – VERGES CREEK (NORTH) RURAL RESIDENTIAL LAND RELEASE AREA


Contact Person: Robert Pitt – Director Sustainable Environment File: 848

PURPOSE

To advise of a proposed pilot project to examine alternatives means for implementing Council’s Rural Residential Land Release Strategy through the preparation of a master plan for the Verges Creek (North) Rural Residential Land Release Area.

2016.273 RESOLVED Moved: Cl. Morris Seconded: Cl. Williams That the selection of Verges Creek (North) Rural Residential Land Release Area as the pilot project for the preparation of a masterplan as a means of implementing Council’s Rural Residential Land Release Strategy be endorsed.




ITEM 13.7 DRAFT CHAPTER B12 – ABORIGINAL HERITAGE – KEMPSEY COMPREHENSIVE DEVELOPMENT CONTROL PLAN 2013

Contact Person: Georgia Rayner - Coordinator Strategic Planning and Natural Resources File: 1544

PURPOSE

To advise of submissions received during the public exhibition of Draft Chapter B12 – Aboriginal Heritage in the Kempsey Comprehensive Development Control Plan 2013.

2016.274 RESOLVED Moved: Cl. Morris Seconded: Cl. Williams That Draft Chapter B12 – Aboriginal Heritage of the Kempsey Comprehensive Development Control Plan 2013 be adopted.





ITEM 13.8 USE OF BANNER POLES PROCEDURE

Contact Person: Daryl Hagger – Director Corporate Management File: F12/1583

PURPOSE To adopt Council’s procedure on the use of banner poles in Smith Street Kempey.

2016.275 RESOLVED Moved: Cl. Morris Seconded: Cl. Hauville That the Use of Banner Poles procedure (1.2.20) be adopted with the following amendments; Point 1 a) Council owns and maintains 8 permanent fixed banner poles Point 9 b) The applicant’s public liability coverage be reduced to $10,000,000.00 Point 9 d) The banners be taken down on the first practical working day after the event. When events occur close together that consideration be given to the banners being taken down and put up at the same time.

ITEM 13.9 MACLEAY RIVER HISTORICAL SOCIETY

Contact Person: Kathy Oliver – Director Community Engagement File: F12/140-05

PURPOSE

To write off outstanding lease fees of $16,012.96 owed by the Macleay River Historical Society (MRHS).

2016.276 RESOLVED Moved: Cl. Saul Seconded: Cl. Hauville 1. That this matter be deferred and considered in the preparation of Council’s next operating

plan to allow the holistic consideration of funding for all community groups. 2. That Council continue to negotiate with the Macleay Historical Society for the payment of

outstanding lease fees. WORKSHOP

2016.277 RESOLVED: Moved: Cl. Patterson Seconded: Cl. Baxter That Council move into workshop to allow discussion in open Council on item 13.9


MOTION TO RESUME COUNCIL MEETING

2016.278 RESOLVED: Moved: Cl. Patterson Seconded: Cl. Baxter That the formal Council meeting be resumed.

ITEM 13.10 QUARTERLY BUDGET REPORT

Contact Person: Tony Curtin – Manager Finance File: F12/644-03

PURPOSE

Reporting that the Budget Review for the quarter ending 30 September 2016 has been prepared for all funds.

2016.279 RESOLVED Moved: Cl. Shields Seconded: Cl. Williams That the Budget Review for the period ending 30 September 2016 is adopted and the variations contained therein are approved and financed from the sources as indicated.

ITEM 13.11 2017 LOCAL EVENT APPLICATIONS


PURPOSE

Reporting on applications made for two (2) local half-day event days (afternoon) in the Kempsey Shire in 2017.

2016.280 RESOLVED Moved: Cl. Patterson Seconded: Cl. Shields That an application be made to NSW Industrial Relations for:

a) A local half-day event day (afternoon) on Wednesday 26 April 2017 for the Kempsey Show; and

b) A local half-day event day (afternoon) on Friday 10 November 2017 for the Kempsey Cup.

ITEM 13.12 NAMBUCCA JOINT REGIONAL PLANNING PANEL


Contact Person: David Rawlings - General Manager File: F12/415-05

PURPOSE

To confirm Council’s reappointment of the Mayor and Director Sustainable Environment as Nambucca Shire Council’s nominated representatives on the Northern Joint Regional Planning Panel.

2016.281 RESOLVED Moved: Cl. Morris Seconded: Cl. Williams 1 That the Department of Planning and Environment be advised that the Mayor, Councillor

Rhonda Hobin and Senior Planner, Mr Daniel Walsh of Nambucca Shire Council are the nominated representatives for the Kempsey JRPP.

2 That Nambucca Shire Council be advised that the Mayor, Councillor Liz Campbell and Director Sustainable Environment, Mr Robert Pitt of Kempsey Shire Council accept nomination as the nominated representatives for the Nambucca JRPP.

ITEM 13.13 TENDER FOR THE SUPPLY AND DELIVERY OF DGB20, DGS20 AND DGS40 GRAVEL – TQE 16/16

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

PURPOSE

To accept the Tender Evaluation Panel’s recommendation to accept tenders for supply and delivery of gravel for Council works for the period from 1 December 2016 to 30 November 2017.

1 That the tenders of Arnway Pty Ltd, Hurd Haulage Pty Ltd and Pacific Blue Metal Pty Ltd be

accepted for supply and delivery of gravel as and when required.

2 That the materials be procured from the supplier with the lowest price delivered to each location, provided the material meets the Specification at the time of delivery and the supplier can meet Council’s delivery requirements.

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

WORKSHOP 2016.282 RESOLVED: Moved: Cl. Patterson

Seconded: Cl. Williams That Council move into workshop to allow discussion in open Council on item 13.13 MOTION TO RESUME COUNCIL MEETING

2016.283 RESOLVED: Moved: Cl. Patterson


Seconded: Cl. Williams That the formal Council meeting be resumed.

2016.284 RESOLVED Moved: Cl. Morris

Seconded: Cl. Hauville That this matter be deferred until the confidential section

14 RESCISSION MOTIONS Nil

15 NOTICES OF MOTION Nil

16 DELEGATES REPORT Nil

17 COMMITTEE REPORTS Nil

18 DELIVERY PROGRAM PERFORMANCE INDICATORS

ITEM 18.1 KEY PERFORMANCE INDICATORS


PURPOSE Reporting on the key performance indicators for the months ending 30 September 2016 and 31 October 2016.

2016.285 RESOLVED Moved: Cl. Saul Seconded: Cl. Williams That the information be noted.

19 COUNCILLOR QUESTIONS


2016-11-15

CAD-02-02 DLR COUNCILLOR M J BAXTER FILE: F12/227-05 QFNM1 Could a total $ value of all Council expenditure going outside of the shire per year for the last 4 years be supplied?

2016-11-15

WD-05-05 RJS COUNCILLOR M J BAXTER FILE: F12/227-05 QFNM2 Have the new bus shelters been constructed cost $30,000 each and were they purchased outside of the shire?

2016-11-15

WD-05-03 RJS COUNCILLOR L J HAUVILLE FILE: F12/227-05 QFNM1 Would Council staff provide a report to the February meeting on the ongoing rectification of the roadworks completed in 2015 to South West Rocks Road at Hamden Hall and Old Station Road?

2016-11-15

WD-05-03 RJS COUNCILLOR D F SAUL FILE: F12/227-05 QFNM1 How can Council assist property owners who’s road access are beyond the current Council maintained road way?

2016-11-15

WD-06-02 RJS COUNCILLOR D F SAUL FILE: F12/227-05 QFNM2 Has Council engaged a contractor to lay baits on Council land in regard to a wild rabbit plague at Cyrus Saul Circuit Frederickton?

2016-11-15

WD-05-07 RJS COUNCILLOR B J MORRIS FILE: F12/227-05 QFNM1 Can Council provide a costing for the completion of River Street?

2016-11-15

SOD-04-01 KEO COUNCILLOR B J MORRIS FILE: F12/227-05 QFNM2 Can Councillors be provided with the cost of the River Festival and where did the funding come from?

2016-11-15

WD-05-03 RJS


COUNCILLOR A P PATTERSON FILE: F12/227-05 QFNM1 Can Council apply to the State Government for a rail crossing at Kundabung?

2016-11-15

CAD-01-03 DBH COUNCILLOR A P PATTERSON FILE: F12/227-05 QFNM2 How did Council arrive at the $1,690 overtime costing for an evening meeting? Could we have a breakdown please?

At this stage 12.50pm the meeting adjourned for luncheon and upon resumption at 1.18pm all present at the adjournment were in attendance.

20 CONFIDENTIAL ITEMS

2016.286 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.

ITEM 20.1 VARIOUS LEGAL MATTERS


Section 10A(2)(g) – Legal Proceedings This report is submitted on a confidential basis as it involves advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege. (Local Government Act 1993, Section 10A (2)(g)) On balance, the public interest in preserving the confidentiality of the advice outweighs the public interest in openness and transparency in Council decision making by discussing the matter in open meeting. PURPOSE Reporting on the current position regarding legal matters.

2016.287 RESOLVED Moved: Cl. Hauville Seconded: Cl. Williams That the information be noted. The following item was deferred from earlier in the meeting.


Section 10A(2)(c) – Commercial Advantage in Business Dealing This report is submitted on a confidential basis as it involves information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business. (Local Government Act 1993, section 10A(2)(c)) 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.

ITEM 13.13 TENDER FOR THE SUPPLY AND DELIVERY OF DGB20, DGS20 AND DGS40 GRAVEL – TQE 16/16

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

PURPOSE

To accept the Tender Evaluation Panel’s recommendation to accept tenders for supply and delivery of gravel for Council works for the period from 1 December 2016 to 30 November 2017.

2016.288 RESOLVED Moved: Cl. Patterson Seconded: Cl. Morris 1 That the tenders of Arnway Pty Ltd, Hurd Haulage Pty Ltd and Pacific Blue Metal Pty Ltd be

accepted for supply and delivery of gravel as and when required.

2 That the materials be procured from the supplier with the lowest price delivered to each location, provided the material meets the Specification at the time of delivery and the supplier can meet Council’s delivery requirements.

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

4 That Council receive a report on a quarterly basis on how much gravel has been purchased from these suppliers and to what locations, and if Council have ever paid another contractor to cart gravel past the other tenderers quarry.

OPEN COUNCIL

2016.289 RESOLVED: Moved: Cl. Morris Seconded: Cl. Saul That the Open Council Meeting be resumed.

21 CONCLUSION There being no further business, the meeting terminated at 1.33pm.

This is page 1 of the minutes of the South West Rocks Holiday and Leisure Reserves Reserve (R210102) Trust held at the conclusion of the Kempsey Shire Council ordinary meeting 15 November 2016.

MINUTES OF THE SOUTH WEST ROCKS HOLIDAY AND LEISURE RESERVES RESERVE (R210102) TRUST MEETING HELD AT THE CONCLUSIO OF THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL 15 November 2016 commencing at 1.33pm. PRESENT: Councillors E A Campbell (Mayor and Chairman), M J Baxter, L J Hauville, B J Morris, A P Patterson, D F Saul, A T Shields and A J Williams General Manager, D L Rawlings; Director Sustainable Environment, R B Pitt; Director Community Engagement, K E Oliver; Director Infrastructure Services, R J Scott; Director Corporate Management, D B Hagger; Manager Information Management and Governance, D S Thoroughgood; and Minute Taker D M Pearson.

1 APOLOGIES

2016.290 RESOLVED: Moved: Cl. Morris Seconded: Cl. Saul That the apology submitted by Councillor McGinn for non-attendance at the meeting be accepted and leave of absence granted.

2 CONFIDENTIAL ITEMS

2016.291 RESOLVED: Moved: Cl. Morris Seconded: Cl. Patterson 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.

REQUEST FOR 30 YEAR LEASE – SOUTH WEST ROCKS TOURIST VILLAGE

Contact Person: Robert Scott – Director Infrastructure Services File: L407A

PURPOSE

To consider a request by the current lessee for a 30 year lease of the South West Rocks Tourist Village.

This is page 2 of the minutes of the South West Rocks Holiday and Leisure Reserves Reserve (R210102) Trust held at the conclusion of the Kempsey Shire Council ordinary meeting 15 November 2016.

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.

2016.292 RESOLVED Moved: Cl. Morris Seconded: Cl. Patterson 1 That the Reserve Trust inform the Minister administering the Crown Lands Act 1989 that it

proposes to enter into direct negotiations with INA Operations Pty Ltd to establish terms to apply to a 30 year lease of the South West Rocks Tourist Village.

2 That the key terms of the lease be reported back to the Reserve Trust following the conclusion of the negotiations.

OPEN COUNCIL

2016.293 RESOLVED: Moved: Cl. Morris Seconded: Cl. Patterson That the Open Council Meeting be resumed.

3 CONCLUSION There being no further business, the meeting terminated at 1.37pm.

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