Matters in progress arising from previous Council …...2020/05/19 · Crescent) and Lot 26...

MATTERS IN PROGRESS ARISING FROM PREVIOUS COUNCIL MEETINGS

Contact Person: Craig Milburn – General Manager File: F19/1930

Director Operations and Planning

Min/CRM # Subject Resolution Progress

274 2018-4-17Item 15.32018.94

Open Spaces Policy

1 That Council undertake a community infrastructure strategic plan.

2 That Council reviews the budget allocation with an intention of allocating $120,000 for this purpose in the 2018/2019 budget.

3 That where it is proposed to sell land acquired under the provision of a contribution to a Section 94 contribution that a plan is developed that outlines the improvements / benefits that will be delivered to the Community.

4 May 2018

Funding allocation is being considered as part of the 2018/19 draft Operating Plan.10 August 2018Action incorporated into the 2018/19 Operating Plan to commence.

25 October 2018

Brief prepared with tenders to be sought in the near future.

30 January 2019Procurement of consultant in progress. Consultant expected to be engaged in February.

9 May 2019Consultant engaged and Stage 1 Community Infrastructure Audit commenced.

5 August 2019Stage 1 Audit report in first draft. To be finalised and presented to Councillors prior to moving to Stage 2 community engagement.

22 September 2019



Stage 1 Audit report - Councillors briefed 29 August. Stage 2 Issues and Opportunities report being prepared prior to Stage 2 engagement.

3 February 2020The first draft of the issues and opportunities paper was issued in December 2019 and is being internally workshopped.

6 May 2020Council considered the draft Community Infrastructure Strategy at its April meeting and endorsed it to move to the community engagement phase.

Item will be removed.282 2018.122

2018-5-15Item 13.2

Proposed Sale of Council Land – South West Rocks and West Kempsey

That Council: 1 retain Lot 39 DP819591 (Albert Harrower

Crescent) and Lot 26 DP844106 (Rafferty Crescent) at South West Rocks at this time and the future of these parcels be considered as part of the Community Infrastructure Strategic Plan.

2 proceed with listing the following parcels of land for sale:

a) Lot 81 DP805382 (Arthur Street) and Lot 132 DP829565 (Victor Perry Place) at South West Rocks.

b) Lot 19 DP20694 (Clarence Ryan Avenue) and Lots 40, 41 and 42 DP1676, (Tabrett Street) at West Kempsey.

14 August 2018

Lot 81 DP805382 (Arthur Street) and Lot 132 DP829565 (Victor Perry Place) at South West Rocks will be auctioned on 23 August 2018. Proceeds of the sale directed to Section 94 fund for open spaces improvements in South West Rocks.

25 October 2018

Lot 81 DP805382 (Arthur Street) and Lot 132 DP829565 (Victor Perry Place) at South West Rocks were sold at auction in August 2018.

Lot 19 DP 20694 (Clarence Ryan Avenue) and Lots 40, 41 and 42 DP 1676 (Tabrett Street) at West Kempsey will soon be marketed for sale.

Owners adjoining to Lot 122 DP1051855 (Dennis Crescent) at South West Rocks have been approached. Valuation of land in progress.



3 affix the seal of Council to all documentation if the agreed sale price is at least 90% of the independent valuation.

4 approach the adjoining property owners of Lot 122 DP1051855 (Dennis Crescent) at South West Rocks to seek expressions of interest for the acquisition of part of the reserve.

5 approach the adjoining owners of Lot 10 DP2007 (Perrins Lane) and Lot 4 DP1100421 (River Street) at West Kempsey to seek expressions of interest for the acquisition of these parcels of land.

6 direct the net proceeds of sale for lots in South West Rocks to the Section 94 fund for use on improvements to open spaces in South West Rocks specifically for supplementary funding for the grant application the development for the sporting infrastructure.

Adjoining owner of Lot 10 DP2007 (Perrins Lane), West Kempsey, is not interested in acquiring land.

Owner adjoining to Lot 4 DP1100421 (River Street) at West Kempsey has been approached. Valuation of land in progress.

30 January 2019

Lot 19 DP 20694 (Clarence Ryan Avenue) and Lots 40, 41 and 42 DP 1676 (Tabrett Street) at West Kempsey have had market valuations completed and are planned to be marketed for sale. Proposals from agents being sought.

Owners adjoining to Lot 122 DP1051855 (Dennis Crescent) at South West Rocks have been approached. Valuation of land received. Discussion with adjoining owners continuing.

Adjoining owner of Lot 10 DP2007 (Perrins Lane), West Kempsey, is not interested in acquiring land.

Owner adjoining to Lot 4 DP1100421 (River Street) at West Kempsey has been approached. Valuation of land received. Zoning impacts on land also being reviewed.

9 August 2019

No further update.

8 November 2019

No further update

7 February 2020

Internal resourcing has recently been allocated to resume sale process of listed lots.



5 May 2020

Council considered the draft Community Infrastructure Strategy at its April meeting and endorsed it to move to the community engagement phase. This will assist in informing point 1 of the resolution.

291 2018.1532018-6-26Item 13.13

Planning Proposal - Neville Morton Drive, Crescent Head

1 That the planning proposal, which seeks to rezone approximately 12 hectares of land from RU2 – Rural Landscape and E2 - Environmental Conservation to R5 - Large Lot Residential at Lot 3 DP 1164661 Neville Morton Drive, Crescent Head, be submitted to the Minister for Planning for Gateway consideration pursuant to section 3.34 of the Environmental Planning and Assessment Act 1979.

2 That the Secretary of the Department of Planning and Environment be requested to issue Council with written authorisation to exercise plan making delegations in relation to this proposal.

3 Subject to the Gateway determination, community consultation for the planning proposal be undertaken.

9 August 2018

Planning proposal forwarded to DP&E for Gateway Determination.

25 October 2018

Gateway determination issued. Public exhibition period for the Planning Proposal recently completed.

24 January 2019Proponent has amended the development footprint beyond the original proposal. Waiting on advice from OEH. Proposal likely to need a further Gateway assessment.

9 May 2019OEH has provided comments which are with the proponent for consideration. Awaiting further information from proponent.

5 August 2019No further update.

22 October 2019



Proponent has provided further information. Suggested changes to planning proposal under review.

3 February 2020Internal review of onsite sewerage arrangements has identified matters that need to be further addressed. Awaiting response from proponent on these matters.

6 May 2020No further update.

307 2018.1852018-7-17Item 15.1

Request for NSW Government to repaint – Refurbish the Kempsey Traffic Bridge

That:2 Council request an urgent replacement of the

handrailing on the walkways on each side as a safety measure. Council request that this be complementary with that in Smith Street.

9 August 2018RMS have been written to via the Local Member on the issue. Further discussion has also occurred with relevant staff within RMS involved in bridge maintenance and also the Regional Director. A formal response from RMS is expected in the near future.25 October 2018RMS have provided a response to Council advising that the KTB is not expected to be repainted for approximately 10 years due to other bridges in the region that are of higher priority for repainting. Some structural rehabilitation works are planned in the next 3-5 years however. The response also refers to the handrailing and suggests it is Council’s responsibility to the truss structure. Discussions are occurring with RMS regarding the possibility of contribution to replacement of this given the current handrailing is insufficient.

30 January 2019



Whilst not a current recognised priority, RMS have indicated the possibility of working with Council towards a solution for the pedestrian railing separating the walkway from the traffic lane. An inspection with RMS is expected in the near future to determine options available and avenues for funding. Consideration can then be given as to the level of funding contribution Council may need to make.RMS will be undertaking testing of the bridge truss members mid 2019 to determine structural rehabilitation work needs in years ahead.

9 May 2019Status unchanged

9 August 2019RMS recently undertook inspections/assessment of the structure. Options for the handrail replacement and the potential for funding are being discussed with RMS.

8 November 2019RMS are undertaking a global model for bridge maintenance work in future years following investigation work being undertaken during 2019.

7 February 2020Awaiting outcome of Transport NSW maintenance plans.

7 May 2020



An opportunity for funding has arisen through the COVID19 stimulus package. Council staff have assisted in an application to Transport for NSW for the handrailing, which has been successful. Handrailing is now on order.

Item will be removed.316 Item 20.1

2018.21221.8.2018

Central Kempsey Wastewater Treatment Plant - Revised Procurement Model

That Council:1 No longer pursues a single supplier procurement

model involving Aquatec Maxcon for the provision of “Owner’s Engineer/Design Input Services” of the Central Kempsey Wastewater Treatment Plant

2 Completes a reference design, for the purposes of informing and ensuring competition during the tendering process for construction, based on the Sequence Batch Reactor process

3 Invites expressions of interest for the construction of the Central Kempsey Wastewater Treatment Plant, allowing for alternative design proposals to be submitted

4 Receive a report on the outcome of the expressions of interest process for endorsement prior to inviting tenders from the selected (shortlisted) persons

5 That the funding model with sources and timeframes be reported to a future Council meeting as soon as ascertained

9 November 2018

The option of the single supplier procurement model involving Aquatec Maxcon for the provision of “Owner’s Engineer/Design Input Services” of the Central Kempsey Wastewater Treatment Plant has ceased.

The Sequence Batch Reactor reference design is being developed with the assistance of consultant Hunter H2O.

Once the reference design is complete and necessary approvals obtained Expressions of Interest will be called for the construction of the Central Kempsey Wastewater Treatment Plant, allowing for alternative processes to be accepted.A report on funding will be provided to an upcoming Council meeting.

30 January 2019Status unchanged.

8 May 2019Work on progressing the reference design continues. A review of the Sewer Fund is underway.



9 August 2019Design and investigation work continuing. A review of the Sewer Fund is underway, with a Workshop undertaken for Councillors in August.

9 November 2019Design and investigation work continuing. Further financial modelling of sewer fund in progress in light of current capital program.

7 February 2020No further update

5 May 2020No further update

338 Item 13.10 2018.26716.10.2018

Closure of Council Roads at West Kempsey and Nulla Nulla

That Council:1 Close that part of Marramah Street, West Kempsey,

situated between Lot 701 DP96431 and Lot 255 DP752439, with the land in the closed road to be retained as operational land.

2 Close that part of McIntyres Road where it bisects Lot 131 DP745059, Lot 6 DP752404 and Lot 201 DP633338, and pursuant to Section 44 of the Roads Act 1993 provide the land in the closed road as compensation to the owners of Lot 131 DP745059, Lot 6 DP752404 and Lot 201 DP633338 for the acquisition of land for the purposes of the Roads Act 1993.

7 November 2018Quotes being sourced for survey works. Advice in writing is being provided to applicable landowners.

30 January 2019Advice has been provided to applicable landowners. Surveyor has been appointed to undertake surveys.

9 May 2019Awaiting surveys.

9 August 2019



3 Close that part of Nulla Nulla Creek Road where it bisects Lot 2 DP777654, and pursuant to Section 44 of the Roads Act 1993 provide the land in the closed road as compensation to the owner of Lot 2 DP777654 for the acquisition of land for the purposes of the Roads Act 1993.

4 Affix the Common Seal to the survey plans of road closure.

5 On acquisition of the lands for McIntyres Road and Nulla Nulla Creek Road, dedicate them as public road pursuant to Section 10 of the Roads Act 1993.

6 Delegate to the General Manager, pursuant to Section 377 of the Local Government Act 1993, authority to sign either by electronic means or otherwise:a Contracts for Saleb Land Registry Services Request Forms for issue of

certificates of title for the closed roadsc Revenue NSW Purchaser Declaration Formsd Revenue NSW letters seeking exemption from the

payment of Stamp Duty on the lands acquired for road.

Marraman Street – plan of road closure lodged for registrationMcIntyres Road & Nulla Nulla Creek Road – final surveys underway to prepare the plan of road closure.

8 November 2019No further update

4 February 2020Awaiting delivery of survey from Surveyor

5 May 2020No further update

358 Item 15.12018.3222018.12.18

Community Consultation - Point Plomer Road

That a statement of local character be developed to help preserve the current character of Point Plomer area as part of the local strategic planning statement

24 January 2019Project plan and business case for shire-wide Local Strategic Planning Statement being prepared. A local character statement for Crescent Head will incorporate Point Plomer.

9 May 2019



Project for shire-wide Local Strategic Planning Statements, incorporating Local Character Statements, has been included in the 2019/20 Operating Plan.

5 August 2019Project has commenced as part of broader project for the Shire. Preliminary study of character and vision commenced.

8 November 2019A discussion paper has been available for public review via Your Say Macleay, including commentary on the Point Plomer area. Local Strategic Planning Statement (LSPS) planned to be reported to December 2019 Council meeting.

3 February 2020The LSPS has been drafted in accordance with the resolution and will proceed to public exhibition prior to finalisation in mid-2020.


367 Item 13.12018.3392018.12.18

Saltwater Urban Release Area Options

That the report is noted and that Council proceed to prepare a Development Control Plan for the entire Saltwater precinct.

24 January 2019Quotations to prepare DCP being sought.

9 May 2019Quotations received and consultant to be engaged.

5 August 2019



Preferred consultant selected. Coordinating start date for the project.

22 October 2019Consultant engaged. Inception meeting 10 September. Information being reviewed by consultant. Waiting on information from court mediation on Saltwater DA.

3 February 2020Project delayed by court mediation decision. Consultant no longer available. Options to complete the project are being reviewed.

6 May 2020The proposed South West Rocks Structure Plan is scheduled for the 20/21 Operating Plan year. It will incorporate this action and has a broader project scope.

368 Item 13.22018.3402018.12.18

Stuarts Point Sewerage Scheme

That Council:1 Progress with design and investigation work for the

proposed alternative option for the Stuarts Point Sewerage Scheme of a Sewage Treatment Plant (STP) near Stuarts Point, with dunal discharge of treated effluent, in parallel with pursuing the grant funding Deed.

2 Authorise the General Manager to negotiate and amend the Restart NSW Funding Deed to reflect a revised project scope, noting that the revised option delivers the same overall outcome of that originally intended under the grant.

29 January 2019Stuarts Point Sewerage Scheme has had a full options review completed and Council determination to proceed with a sewage treatment plant near Stuarts Point. KSC is working with NSW EPA for discharge license parameters and Infrastructure NSW for Deed amendments. Community update to occur in February.

8 May 2019Stuarts Point STP has had a treatment option assessment completed. Survey work is being conducted on the treatment plant site and within the village. The community update occurred on 28 February 2019.



3 Revert from progressing the proposed sewer charge for the Stuarts Point area for the 2019/20 financial year to the annual septic charge listed within Council’s Fees and Charges.

4 Inform the community of this decision.

9 August 2019Negotiation with regard to the amendment of the Deed is continuing.

8 November 2019Negotiation on Deed amendment continuing.

5 February 2020Negotiations are occurring with the EPA and further groundwater modelling has taken place to determine dunal discharge license parameters. Detailed survey of the three villages is complete and land matters are well progressed. Negotiations on Deed amendment continuing.

5 May 2020Negotiations with the EPA have confirmed the discharge point and provided draft licence conditions for the site. Land matters are still progressing for the Sewage Treatment Plant site. These are critical steps to the funding deed amendment.

397 Item 13.8 2018.408 2019.3.19

Mid North Coast High Performance Sports Centre, South West Rocks

That Council: 1.In accordance with section 55(3)(i) of the Local Government Act, not invite tenders for a management agreement to operate the Mid North Coast High Performance Sport Centre, South West Rocks, as this would breach provisions of the current Crown Land lease in place for the South West Rocks Country Club to operate the golf course.

9 May 2019 South West Rocks Country Club notified of Councils decision. Management agreement to be drafted. 1 August 2019 No further update. Focus currently on project planning.

8 November 2019No further update.



2.Authorise the General Manager to negotiate a draft management agreement for the Mid North Coast High Performance Sport Centre, South West Rocks, with a view to entering a contract with the South West Rocks Country Club to operate the facility. 3.Receive a further report to enter into the management agreement once the documents have been developed and agreed with the South West Rocks Country Club for the facility operation.

7 February 2020No further update.


409 Item 13.42019.4302019.4.16

Hat Head Vacuum Sewerage System Capacity Investigation

1. That Council note that the Hat Head Sewerage Scheme is at capacity as described in this report and recognise the inherent public health, environmental, financial and social risks associated with potential overloading of the system from future development.

2. That Council going forward, for the purpose of assessing sewer system capacity for new development, allow a maximum of 1 dwelling or 1 Equivalent Tenement (ET) entitlement to each existing allotment within the Hat Head Sewerage Scheme.

3. That Council regard the likely risks of any proposed development within the Hat Head Sewerage Scheme area which would exceed the maximum dwelling or ET allocation as a relevant consideration in evaluating environmental and social impacts and site suitability issues pursuant to section 4.15 of the Environmental Planning and Assessment Act 1979 (the Act).

14 May 2019Resolution points 2 and 3 are being implemented/applied through the development assessment process.The planning proposal and the draft DCP are currently being prepared.The overall condition of the scheme is being monitored. Council’s Water and Sewer Maintenance team inspects, cleans and conducts a condition assessment of each pot within the collection system. The inspections are conducted quarterly and before holidays and long weekends.

9 August 2019Planning proposal drafted, with a gateway determination to soon be sought to allow public exhibition. A DCP has been drafted, which will be publicly exhibited at the same time.

22 October 2019Gateway determination received. Revising DCP to incorporate feedback prior to public exhibition of both DCP and planning proposal.



4. That Council take the necessary steps to prepare and exhibit a planning proposal pursuant to section 3.33 of the Act, expressing the objective and intended outcomes of proposed changes to the Kempsey Local Environmental Plan 2013 (LEP) described in this report, and Council receive a further report at the conclusion of community consultation.

5. That Council take the necessary steps to amend the Kempsey Development Control Plan 2013 Chapter F2: Hat Head (DCP) pursuant to section 3.43 of the Act and as described in the report, including removing the reference to on-site sewerage treatment as an option for new development, and Council receive a further report at the conclusion of community consultation.

6. That Council continue to assess the overall scheme condition and conduct preventative maintenance to avoid the scheme having issues ensuring it operates efficiently.

3 February 2020No change to previous update.

6 May 2020The draft LEP and DCP are now on public exhibition until 9 June. A further report will be considered by Council in the first half of the 20/21 Operating Plan year.

412 Item 15.12019.4452019-5-21

Review of Dog Off-Leash Areas

1. That Council review the beach access provisions for dogs at Council Beaches, including ensuring all aspects of discrimination in relation to assistance animals etc are included across the shire.

2. That Council engages with the community in relation to these restrictions.

3. That Council increases the enforcement action in relation to these restrictions during the school holiday periods.

9 August 2019A review of compliance signage is being undertaken through 2019, which will incorporate this action.Resources for enforcement are currently under review, with an additional Ranger resource currently in place to assist with undertaking compliance activities. Dog policies approved by Council are all clearly noted on the holiday parks web sites and customers are asked at time of booking if they have a dog and they also complete a dog registration card.



4. That Council engages with the management contractor for the Macleay Valley Coast Holiday Parks to ensure enforcement of their Dog Friendly provisions and seek clarification on how they are implementing this policy. Council review and clarify with the contractor when dogs are permitted at the caravan park.

5. The Council champions the legislation across the shire for the provision of assistance animals

8 November 2019Review undertaken for Crescent Head with Hat Head, SWR and Kempsey remaining to due resourcing now allocated to ongoing bushfire response and recovery. Dog on leash area signage has been ordered and due to arrive by end of November.

4 February 2020Resources have been allocated to bushfire recovery which has resulted in a partial delay. The review has commenced and will continue once ranger resources are available. Implementation of improvements at Crescent Head are planned.

7 May 2020Review of physical signage is now completed and the recommendations are being drafted.

419 Item 13.72019.4562019-5-21

Review of Unmaintained Council Roads

1. That Council acknowledge the current maintained status of Roses Road (part of), Hickeys Creek Road (part of) and Stony Creek Lane.

2. That Council note that commencing maintenance of these roads is a desirable outcome, however for this to occur road construction work must first occur.

3. That Council authorise the General Manager to write to property owners to determine their appetite to contribute to the required road upgrades, including outlining an option where a repayment schedule would be in place to assist with

9 August 2019A further audit of roads is being undertaken prior to writing to landowners. One further road has been identified at this point, which will be added to the list of landowners to be written to.

8 November 2019Letter drafted for distribution. One additional road will be included in the distribution (Bastow Lane). Distribution on hold given current bushfire activity in areas of these roads.

7 February 2020



the upfront financial burden of making the contribution.

4. That Council receive the outcome of the response from property owners via a report to a future meeting of Council.

Status as per previous update. Additional funding opportunities being explored to undertake some interim works.

7 May 2020The status remains as per previous updates for the review of Council’s ongoing maintenance of these roads. Funding through the National Bushfire Recovery Agency has allowed Council to undertake maintenance on these key unmaintained Council Roads, with the allocation of $150,000.

422 Item 15.22019.4612019-5-21

Climate Emergency

1. That the Climate Change Policy and the response to climate change is to be addressed in the already adopted Council resolution of 19 March 2019 reference 2018.394

2. That this matter "Climate Emergency" be considered in the workshop.

9 August 2019Workshop being planned.

8 November 2019 An initial workshop has occurred to inform a program development. Further workshops will be held as required.

7 February 2020Sustainability Officer role recently recruited who is developing forward program.

6 May 2020A Long Term Energy Strategy is in preparation and is anticipated to be presented to Councillors mid-2020. A Sustainability Strategy is being scoped.

430 Item 9.42019.4822019-6-25

PLANNING PROPOSAL 27 SEAMS ROAD, KUNDABUNG

1 That the planning proposal to permit the amendment of the Lot Size Map for land at 27 Seams Road, Kundabung, from 40ha to part 10ha and part 20ha, be progressed to make the

9 August 2019Proponent is seeking registration of the proposed road on the title. Once complete making of the LEP amendment can progress.



amendment to the local environmental plan, described as KLEP 2013 (Amendment 17).

2 Prior to progressing the amendment, the proponent is to first complete the registration of a plan of subdivision to formalise access to Old Coast Road, as required by Condition 5 of the Gateway Determination.

3 On notification of the registration of subdivision, Council staff request the Parliamentary Counsel's Office to draft the legal instrument, KLEP 2013 (Amendment 17), under s 3.36(1) of the Environmental Planning and Assessment Act 1979 to give effect to the final planning proposal.

4 The General Manager exercise delegation from the Minister for Planning to make the amending instrument, KLEP 2013 (Amendment 17).

5 Upon the making of KLEP 2013 (Amendment 17), the Department of Planning & Environment be requested to notify the plan on the NSW Legislation webpage

22 October 2019No further update.

3 February 2020As per August 2019 response – still awaiting completed registration process.


Item 10.22019.4852019-6-25

Tourist and Visitor Accommodation at Crescent Head

That Council await the outcome of the State led framework associated with holiday accommodation, being on-line accommodation in particular, and the completion of key activities planned by Council as outlined above, prior to further consideration of planning instruments that apply.

9 August 2019Awaiting outcome of State led framework.

5 November 2019Continuing to await outcome of State led framework. Kempsey Shire Council is one of 12 councils in NSW taking part in a research project being led by Dr Tania von der Heidt of the School of Business and Tourism at Southern Cross University in relation to Short Term Holiday Letting (STHL). The findings from the survey will be used to



facilitate a better understanding of the impacts STHL is having on residents, residential streets and neighbourhoods.

22 January 2019Continuing to await outcome of State led framework. Council received the SCU’s Short-Term Holiday Letting Study results in January 2020. This is currently being reviewed to determine any appropriate actions that may be required. This will be considered in conjunction with any outcomes provided by the State-led framework.


439 Item 9.22019.5002019-7-16

Proposed Road Closure: Intersection of South West Rocks Road and Riverside Drive

1 That Council publish a Notice of Road Closure in the NSW Government Gazette to close the Council public road being part Riverside Drive situated on the northern side of Number 2 Riverside Drive, Kinchela to the extent generally as shown in the plan attached to this report.

2 That Council sell the land in the closed road to the owners of Number 2 Riverside Drive, Kinchela, at market value determined by Council’s Consulting Valuer.

3 That Council delegate authority to the General Manager to sign:a. Survey plan of road closureb. Section 88B Instrument to create easement for

water supply

9 August 2019Landowner obtaining quotes for survey work to be undertaken to enable plan of road closure to be developed.

8 November 2019Survey finalised and Section 88B Instrument prepared by applicant’s solicitor. Documents are gathering signatures before being sent to Sydney for registration.

4 February 2020Subdivision Certificate completed. Plans returned to landowners Solicitor for registration at NSW Land Registry Services.

5 May 2020Survey Plan is awaiting registration at NSW Land Registry Services.



c. Contract for the Sale of Landd. Land Registry Services documents:

i. Application for the certificate of title for the land in the closed road

ii. Transfer form441 Item 9.8

2019.5032019-7-16

Planning Proposal - 600 Macleay Valley Way, South Kempsey

1 That Council note the attached letter of offer made by Spectrum Retail Group P/L to enter into a planning agreement regarding the future provision of water and sewer infrastructure to the site.

2 That Council determine the letter of offer provides for satisfactory arrangements for the future provision of water and sewer infrastructure sufficient to proceed with the planning proposal.

3 That the planning proposal to permit the land use ‘highway service centre’ at 600 Macleay Valley Way, South Kempsey, be progressed to make the amendment to the local environmental plan, described as KLEP 2013 (Amendment 24).

4 Council staff request the Parliamentary Counsel’s Office draft the legal instrument, KLEP 2013 (Amendment 24), under s 3.36(1) of the Environmental Planning and Assessment Act 1979 to give effect to the final planning proposal.

5 On execution of the planning agreement, the General Manager exercise delegation from the Minister for Planning to make the amending instrument, KLEP 2013 (Amendment 24).

6 Upon the making of KLEP 2013 (Amendment 24), the Department of Planning & Environment be

9 August 2019Extension of time for the gateway determination sought and received until the end of 2019. Instruction has been provided to a solicitor for the drafting of the VPA.

22 October 2019Draft planning agreement prepared and with proponent for consideration. Adjoining landowner has sought Judicial Review of Council decision to proceed with planning proposal.

3 February 2020Proponent has provided feedback on draft planning agreement. Council officers are currently working with the proponent to refine the terms of the agreement.

6 May 2020Council staff met with proponent to discuss the draft planning agreement. The negotiation is progressing.



requested to notify the plan on the NSW Legislation webpage.

442 Item 9.102019.5082019-8-20

Acquisition of Land for the Construction of the New Turners Flat Road Bridge

1 That Council pay compensation in the amount of $4,464 (GST Exclusive) to the registered proprietor of Lot 15 DP752419 for the acquisition of those parts of Lot 15 DP752419, more particularly described as Lots 1 and 2 in registered plan of acquisition DP1254953.

2 That Council carry out ‘works in kind’ in lieu of monetary compensation on Lot 511 DP865910 for the acquisition of that part of Lot 511 DP865910, more particularly described as Lot 3 in registered plan of acquisition DP1254953.

3 That Council pay the legal/property conveyancing costs reasonably incurred by the landowners as required by Section 59 of the Land Acquisition (Just Terms Compensation) Act 1991.

4 That Council dedicate Lots 1, 2 and 3 DP1254953 as public road pursuant to Section 10 of the Roads Act 1993.

5 That Council delegate authority to the General Manager to sign:a. Deeds of Acquisition/ Contract for the Sale of

Land.b. Revenue NSW Purchaser Declaration Forms.c. Letters to Revenue NSW seeking exemption from

the payment of stamp duty on the acquisition of Lots 1, 2 and 3 DP1254953.

8 November 2019Acquisition processes in progress.

4 February 2020Compensation paid and works in kind completed. Acquisition process nearing completion.

5 May 2020Acquisition finalised for Lots 1 and 2 of DP1254953. Finalising acquisition for Lot 3 of DP1254953, with works in kind having been undertaken.



463 Item 9.52019.5562019-10-22

KLEP2013-AM-27

1 That the planning proposal, which seeks a number of housekeeping amendments, be progressed to make the amendment to the local environmental plan, described as KLEP 2013 (Amendment 27).2 That Council staff request the Parliamentary Counsel’s Office to draft the legal instrument, KLEP 2013 (Amendment 27), under s 3.36(1) of the Environmental Planning and Assessment Act 1979 to give effect to the final planning proposal.3 That the General Manager exercise delegation from the Minister for Planning to make the amending instrument, KLEP 2013 (Amendment 27).4 That upon the making of KLEP 2013 (Amendment 27), the Department of Planning, Industry & Environment be requested to notify the plan on the NSW Legislation webpage.

22 October 2019Final mapping for the amendment being prepared.

3 February 2020Mapping has now been prepared and will be onforwarded to DPIE to finalise LEP Amendment.

6 May 2020LEP notified and in effect from 17 April 2020.

Item will be removed.

470 Item 9.62019.5712019-10-22

Proposed Road Closure and Purchase at Bellbrook

1 That Council publish a Notice of Road Closure in the NSW Government Gazette to close that part of East Street, Bellbrook, situated on the western side of Lot 1 DP739113 (land occupied by the Bellbrook Hotel) but excluding an area 3 metres wide situated on the eastern boundary of Lot 8 Section 1 DP758083 (16 Main Street, Bellbrook) as shown in the attached plan prepared by Surveyors M W Rogers & Associates reference 05980RD01.VCD 2 That the Notice of Road Closure vest the land in Kempsey Shire Council as operational land.

8 November 2019Applicant and adjoining landowner advised of Council resolutions. Applicant’s surveyor engaged to prepare plan of road closure capable of registration at Land Registry Services.

4 February 2020No further update.

5 May 2020Applicant’s surveyor engaged to prepare plan of road closure capable of registration at Land Registry Services.



3 That Council sell the land in the closed road to the owner of Lot 1 DP739113 at its market value as determined by Council’s Consulting Valuer.4 That Council delegate authority to the General Manager to sign:a. Survey plan of road closureb. Contract for the Sale of Landc. Land Registry Services documents:i. Application for issue of certificate of title for the land in the closed roadii. Transfer form.

478 Item 9.42019.5912019-11-28

Land Acquisition - South Street, South Kempsey

1 That pursuant to Section 177 of the Roads Act 1993 application be made to the Minister for Local Government and Her Excellency the Governor for the compulsory acquisition of Lot 2 Deposited Plan 1246221 for the purposes of a public road.

2 That all mines and minerals be excluded from the compulsory acquisition.

3 That pursuant to Section 10 of the Roads Act 1993, Lot 2 Deposited Plan 1246221 be dedicated to the public as road.

4 February 2020Awaiting approval by Office of Local Government.

5 May 2020Office of Local Government now processing Council’s application.

480 Item 10.22019.5962019-11-28

Community Sustainability Reference Group

That Council:  1 Notes the information in this NOM including the

Councillor’s comments, and the information in the attachment. 

2 Supports the actions outlined in the GM’s comments and notes they are in line with previous resolutions of Council on this matter including the development of an overarching sustainability

6 February 2020

1. Complete2. To be actioned by Sustainability Officer who commenced in

January 2020 3. Complete4. Complete



strategy along with an action plan to guide Council and the community to achieve tangible outcomes in the years to come and that stakeholder engagement will be a key part of this work and notes the appointment of a Sustainability Officer.  That Council investigates the establishment of a Community Sustainability Reference Group in line with Council's Community Engagement Strategy.

3 Acknowledges the significance of the Climate Rally conducted in Kempsey on 20 September 2019, involving school students and community members.  

4 Recognise the community screening of the film 2040, on 29 November 2019, which is being held as a part of the Climate Action Day which is being coordinated globally. 

8 May 2020A Long Term Energy Strategy is in preparation and is anticipated to be presented to Councillors mid-2020. A Sustainability Strategy is being scoped.

489 Item 9.62019.6212019-12-17

Lower Macleay Flood Study

That Council:1. note the submissions received during public exhibition of the Lower Macleay River Flood Study as described in the report,2. having considered submissions, adopt the Lower Macleay River Flood Study, including associated flood data and mapping,3. proceed with preparation of the Lower Macleay River Flood Risk Assessment and Management Plan, subject to receiving grant funding, and4. take the necessary steps to schedule into the 2020/2021 Operating Plan, a review and update of the Kempsey Local Environmental Plan 2013 (KLEP 2013),

3 February 2020The Lower Macleay Flood Study has been completed and is now final. Documentation is currently being prepared to inform the next stages which will see a Floodplain Risk Management Study and Plan completed.

6 May 2020The next stage of the Flood Study, the Risk Assessment and Plan is now commencing.



Development Control Plan 2013 (DCP 2013), and associated development policies and procedures to reflect new flood information.

493 Item 11.52019.6292019-12-17

Construction of Mid North Coast High Performance Centre, South West Rocks - TQE19/24

That Council:1. note the receipt of tenders for the Mid North Coast High Performance Centre,2. over a period of up to 4 months continue to source additional funding opportunities to enable the project to proceed, and3. in association with pursuing additional funding opportunities, seek advice to review the scope of the project and investigate potential staging of construction to suit a reduced project cost.

7 February 2020KSC representatives met with representatives of the South West Rocks Country Club and key stakeholders to advise of financial status. Additional funding is being sought along with consideration of options for a reduction in project scope and/or staging with the design team.

7 May 2020Further funding continues to be sought. Item is succeeded by item 508.

Item will be removed.494 Item 11.6

2019.6302019-12-17

TQE17/25 Design, Construction, Testing & Commissioning of Crescent Head Water Treatment Plant

That Council:1. receive the tender evaluation report by the tender evaluation committee for TQE 17/25 Design, Construction, Testing & Commissioning of Crescent Head Water Treatment Plant.2. Decline to accept any of the tenders with respect to TQE 17/25 in accordance with Clause 178(1)(b) of Local Government (General) Regulations 2005 as fresh tenders are unlikely to provide any different outcomes.3. Authorise the General Manager to enter into negotiations and finalise a contract with Microfloc Pty Ltd in accordance with Clause 178(3)(e) of Local Government (General) Regulations 2005 for the

5 February 2020Tenders have been declined. Amended project scope to be consulted with Department of Planning Industry and Environment prior to commencement of formal negotiation with Microfloc Pty Ltd.

6 May 2020This resolution related to the procurement of a contractor is the subject of a report to the May 2020 meeting of Council. Item 6 from the resolution is being captured in the IWCM development.




delivery of a package water treatment plant at Crescent Head as this provides for a cost effective, expedited solution to addressing water supply quality at Crescent Head.4. Authorise the General Manager to seek amendment to the grant funding deed under the Safe and Secure Water Program for the revised project scope.5. Note that points 3 and 4 of the recommendation are subject to informing and reaching agreement with relevant government agencies regarding the revised project scope.6. Seek to connect the Crescent Head Water Supply Scheme to the Kempsey Lower Macleay Water Supply Scheme in the future, with this being a consideration of the current Integrated Water Cycle Management Plan development.

495 Item 11.72019.6312019-12-17

Kempsey Lower Macleay Water Supply Security

That Council:1. Note the current status of Council’s water supply in light of intense drought conditions being experienced and the associated need to put in place remedial actions as an emergency to mitigate supply security risks, both now and in the future.2. Note that based on the current trajectory of reduction in water supply storage, Level 4 restrictions will be required during January 2020 within the Kempsey Lower Macleay, Willawarrin and Bellbrook Water Supply areas.

5 February 2020Due to rainfall received in early January Council has delayed the introduction of Level 4 water restrictions and increased storage in Steuart McIntyre Dam by 7%.

Council has successfully gained a $4 million dollar grant to procure an emergency water treatment plant for Steuart McIntyre Dam. Discussions with Department of Planning Industry and Environment and Public Works Advisory are ongoing to complete requirements for the grant deed and develop the project plan for the new plant. Negotiations commenced with Microfloc Pty Ltd.



3. Authorise the General Manager to enter negotiations with Microfloc Pty Ltd for the delivery of an emergency water treatment plant of minimum 5ML/day capacity, with the option of supplementary units to increase capacity to meet normal supply requirements, under the emergency provisions of section 55(3)(k) of the Local Government Act 1993.4. Authorise the General Manager to enter contracts for other components of the required works to implement an emergency water treatment plant at Steuart McIntyre Dam, provided that the cost is within 20% of the indicated work component costs within this report, under the emergency provisions of section 55(3)(k) of the Local Government Act 1993.5. Note that points 3 and 4 are subject to confirmation of NSW Government funding being received and required agency consultation/approval being well progressed.6. Allocate required additional funding to deliver the emergency water treatment plant works as part of the December quarterly review.7. Note that alternative water supply provisions shall be investigated in the event that water availability within the Steuart McIntyre Dam is depleted should intense drought conditions continue.

6 May 2020Due to rainfall in the catchment from mid-January, Level 4 restrictions were not required. Restrictions have now been withdrawn fully. As the emergency situation has eased, the procurement of a contractor for the construction of a water treatment plant will need to be via open tendering per legal advice received. The New South Wales Government has confirmed $4 million of funding is available for the project. Given the emergency situation has eased, required funding shall be included in the 2020/21 and 2021/22 annual budget as required. Alternate water supply provisions shall be considered as a part of the IWCM development.


498 Item 9.52020.62020-2-18

Waiving of Application Fee for Discharging Public Pool

That Council place on public exhibition for 28 days the proposed waiving of the $285 fee from Council’s Schedule of Fees & Charges to apply to discharge to Council’s sewer system under section 68 of the Local

7 May 2020Council staff have enacted this resolution as stated, which is now complete.



Backwash Water as Liquid Trade Waste

Government Act for existing caravan parks and motels that have pools and are required to connect their backwash systems to Council’s sewer.


501 Item 11.32020.122020-2-18

Bulk Bitumen Emulsion - Tender AssessmentSection 10A(2)(d)(i) – Commercial Position

That Council: 1. Accept the tender from Fulton Hogan Industries Pty Ltd as a single source supplier for Supply and Delivery of Bulk Cationic Bitumen CRS for a two-year period commencing 1 January 2020 to 31 December 2021 and 2. Accept the provision for a 12-month extension based on satisfactory supplier performance, which may take this contract through to 31 December 2022



504 Item 9.42020.52020-2-18

Verge and Eden Street Sporting Complex

That Council:1. Accept the grant funding of $10,000,000 for the redevelopment of the Verge and Eden Street sporting complex in accordance with the adopted masterplan.2. Delegate the General Manager authority to sign the funding deed when received.3. That Council includes a scope of works and anticipated plan or timeframe for the works on Council website for community information. This information be provided as determined and periodically reviewed if and when circumstances change.

7 May 2020Point 1 - CompletePoint 2 - Complete Point 3 – Media release completed and uploaded to Council’s website. Staff will place more detailed information on Councils webpage in the near future.

508 Item 11.42020.232020-2-18

Mid North Coast High Performance Centre Tenders

That Council: 1. Decline to accept any tenders received for the Mid North Coast High Performance Centre under tender TQE19/24, as all tenders exceeded the budget amount.2. That an all tiers of government approach to the project to be sought, with a funding commitment to be sought from the Federal Government in addition to the

7 May 2020Point 1 - CompletePoint 2 – Funding continues to be sought, with the local Federal member approached in March.Point 3 - NotedPoint 4 – An expression of interest for the design and construction of the Mid North Coast High Performance Centre is imminent.



NSW Government and Kempsey Shire Council contributions. 3. Note that Council has identified additional own source funding to deliver a portion of the possible additional cost of the project.4. Provided the Regional Sports Infrastructure Fund grant funds can be maintained, pursue a design and construct tender that provides for ability to construct the project in stages should there be insufficient funds for the full facility construction. 5. Note that a design and construct tender approach may realise efficiencies in the build process, providing for an improved delivery outcome and cost from the current tenders received.

Point 5 - An expression of interest (EOI) is imminent. This process will guide Council on potential staging options for the project and alternate designs.

511 Item 9.42020.362020-3-17

Planning Proposal - 183 Old Station Road, Verges Creek

1. That the planning proposal which seeks to amend the Lot Size Map at 183 Old Station Road, Verges Creek, be submitted to the Minister for Planning for Gateway consideration pursuant to section 3.34 of the Environmental Planning and Assessment Act 1979.2. That the Secretary of the Department of Planning, Industry and Environment be requested to issue Council with written authorisation to exercise plan making delegations in relation to this proposal.3. That subject to the Gateway determination, community consultation for the planning proposal be undertaken.

6 May 2020A Gateway Determination was issued 20 April 2020 and the proposal is progressing.

512 Item 10.22020.382020-3-17

Adoption of Net Zero Emissions By 2050

1. That Council consider as part of the KSC Long Term Energy Strategy project, the NSW State

6 May 2020The Long Term Energy Strategy Project has been initiated and is progressing. A briefing of Councillors occurred in April 2020. A draft



Government emissions target when developing the strategy.2. That Councillors be presented with an update on the Long Term Energy Strategy Project in April 20203. That Council requests DPIE staff to provide a presentation to council in regard to Long Term Energy Strategies and other sustainability issues

is anticipated to be presented to Council in mid-2020. DPIE will present to Council in June 2020.

518 Item 9.32020.592020-4-21

Community Infrastructure Strategy

That Council:1. notes the proposed engagement activities, modified for the current pandemic situation, as outlined in this report,2. endorses the Draft Community Infrastructure Strategy, ‘Your Future Places and Spaces’ for the next phase of community engagement, and3. be presented with a further report and final draft strategy after the completion of the engagement phase.

6 May 2020Public exhibition of the draft strategy is planned for 22 May to 5 July. The final draft strategy will be brought back to Council following the exhibition period.

519 Item 9.42020.612020-4-21

Stuarts Point Sewerage Scheme

That Council:1. Notes the Environment Protection Authority has agreed that treated effluent from the proposed sewage treatment works be discharged to the dunes located between the Macleay River Arm and the Pacific Ocean, to the north east of the Stuarts Point township2. Continues with negotiations to secure the suitable site for the Stuarts Point Sewage Treatment Plant to the south of Stuarts Point3. Note the revised service area has removed properties from the scheme that are:

6 May 2020Arrangements are being made to communicate with impacted landowners and issue refunds where required.



a. Greater than two and a half (2.5) acres or not used for residential purposes;b. Not likely to have an impact on sensitive environmental areas or neighbouring residential properties; andc. Not zoned as residential or identified for future higher density land use in growth area planning. 4. Continue to progress with design work reflective of the updated service areas for the Stuarts Point Sewerage Scheme5. Informs all affected landowners that will now be excluded from the service area of this decision, with any contributions made toward the scheme from these landowners via a sewer charge refunded.

522 Item 11.22020.662020-4-21

Roses Bridge Replacement Tender ReportSection 10A(2)(d)(i)

That Council accept the tender submitted by Waeger Constructions Pty Ltd for the Design and Construction of Roses Bridge, for a total cost of $492,500, in accordance with the tender documentation and tenderer’s submission.



Director Corporate and CommercialMin/CRM # Subject Resolution Progress

353 Item 15.12018.30320.11.2018

Facilitator for Macleay Valley Well-Being Centre

That:1. Council host a meeting of all the concerned parties

in relation to mental health, crime and other social issues in the valley.2. Subsequent to that report be provided to Council

on an update on what is happening and a way forward.

8 February 2019 Workshop raised with key stakeholders convened by local member Melinda Pavey. Listed as agenda item for the February ‘Breaking the Cycle’ meeting to confirm update of services mapping being carried out by Mid North Coast Local Health District (MNCLHD), ahead of confirming a date for March workshop.

9 May 2019Awaiting confirmation of further alignment with planned engagement and workshop being carried out by MNCLHD. Further information to come from Breaking the Cycle meeting in June.

4 August 2019Breaking the Cycle meeting for June was deferred. Direct correspondence with PHN has been commenced.

6 November 2019No further confirmation received on Breaking the Cycle meetings for 2019. Collating information and updates from PHN, Suicide Prevention Plan, Kempsey Place Plan on similar projects to develop an effective meeting. Further confirmation to be provided in 2020 if this can be achieved in conjunction with the review of Council’s Community Strategic Plan.

6 February 2020 No further update as meeting planning disrupted by Bushfire Emergency demands on resources.

6 May 2020


No further update as internal resource availability and engagement capacity impacted by COVID-19

403 Item 13.72019.4382019.4.16

Local Preference Purchasing Procedure

1. That the information be noted 2. That a further update on the application of the Local

Preference Purchasing Procedure be reported to Council in April 2020.

14 May 2019Not due until April 2020

6 May 2020Item reported to April 2020 Council meeting. Item will be removed.

427 Item 9.12019.4792019-6-25

Kempsey Airport - Noise Management Plan and Fly Neighbourly Advice

1. That Council acknowledge that the Airport has been operating in its current location being Sherwood Road, Aldavilla since 1936.

2. That Council acknowledge that it has a responsibility to manage the Airport as a valuable community asset to the benefit of the entire Shire.

3. That Council note the submissions received during the 12-week public exhibition period in relation to the draft Noise Management Plan (NMP) / Fly Neighbourly Advice (FNA) and the responses provided by The Airport Group and Council. That they be notified of the outcome in writing.

4. That Council note the amendments made by The Airport Group between the draft NMP/FNA and final NMP/FNA as a result of: a. community feedback gained through the public

submission process; and b. the Office of Airspace Regulation's submission on

the draft NMP/FNA. 5. That Council adopt the Kempsey Airport NMP dated

June 2019 subject to the following recommendations.

15 July 2019

1. Completed2. Completed3. Completed4. Completed5. Completed6. FNA currently being drafted7. Ongoing8. Completed9. In progress10. In progress11. In progress12. In progress13. In progress14. Not due yet

9 November 2019

1. Completed2. Completed3. Completed4. Completed


6. That Council proceed with the finalisation of the Fly Neighbourly Advice and:a. Place the draft FNA on public exhibition for 28

days; andb. Present the finalised FNA to a future Council

meeting for consideration and adoption.7. That prior to executing any agreement negotiated

by Council staff with a pilot training operator to undertake circuit training at Kempsey Airport, a report to Council is presented:a. Demonstrating that an overall community

benefit is achieved utilising the Quadruple Bottom Line assessment methodology as outlined in this report including appropriate environmental (including noise), social, financial and economic impacts; and

b. With Council resolving to endorse the agreement.

8. That in the event a Development Application is submitted to Council involving a commercial pilot training operator undertaking circuit training activities within the Kempsey Shire then Council shall notify residences and business within a 5km radius of the airport in writing of the proposed development. For any such development application, Council as the landowner and operator of the Airport will undertake a Quadruple Bottom Line assessment as outlined in this report including appropriate environmental (including noise), social, financial and economic impacts.

5. Completed6. FNA currently on exhibition and will be presented to

December 2019 Council meeting7. Ongoing8. Completed9. In progress – subject to finalisation of the FNA10. In progress11. In progress12. In progress13. In progress14. Not due yet

3 February 2020

1. Completed2. Completed3. Completed4. Completed5. Completed6. Completed 7. Completed8. Completed9. Completed10. In progress11. In progress12. Not Commenced – Airport Master Plan deferred to

2020/2113. Not Commenced – Airport Master Plan deferred to

2020/2114. Completed


9. That Council make a request to CASA/Airservices Australia for an En-Route Supplement Australia (ERSA) entry for Kempsey Airport to be made detailing the Noise Abatement Procedures relating to circuit training as follows: a. Local Aircraft Operators - Hours of Operation as

follows:i. Monday - Friday (other than Public Holidays) 1. 07:00 - 19:00 Australian Eastern Standard Time2. 07:00 - 22:00 Australian Eastern Daylight Savings

Timeii. Saturday (Other than Public Holidays)3. 08:00 - 19:00 all year roundiii. Sunday (Other than Public Holidays)3. 09:00 - 18:00 all year roundiv. New South Wales Public Holidays3. 09:00 - 18:00, with the exception of Christmas

Day.b. Visiting Aircraft Operators - Hours of Operation

as follows:iii. Monday - Friday (other than Public Holidays) 3. 08:00 - 19:00 all year round.iv. Saturday - Sunday (Other than Public Holidays)3. Nil hours. None permitted on weekends.v. New South Wales Public Holidays3. Nil hours. None permitted on public holidays in

NSW.c. Aircraft are required to climb to 1000 (preferred)

or 500 feet above the aerodrome elevation prior to making the turn into the circuit, subject to consultation with CASA

1 May 2020

1. Completed2. Completed3. Completed4. Completed5. Completed6. Completed 7. Completed8. Completed9. Completed10. In progress11. In progress12. Not Commenced – Airport Master Plan deferred to

2020/2113. Not Commenced – Airport Master Plan deferred to

2020/2114. Completed


d. Transponders are to be turned on and operated in accordance with CAAP 166-01 V4.2 for all operations.

e. Engine ground runs and run-ups should be kept to the minimum time operationally required.

Note: the above proposed ERSA considerations are subject to feedback and consultation with CASA and may be altered in future. These considerations may also be subject to a risk assessment process prior to implementation.

10. That Council's strategic planning activities are strengthened with the aim to minimise conflict between incompatible land uses surrounding the Airport and ensure that permissible uses are compatible with aviation activities and subsequent identified development standards are reflected in the Local Environmental Plan (LEP) and Development Control Plan (DCP).

11. That Council resolve to notate on section 10.7 planning certificates: a. for s10.7.2 - the applicable ANEF contour overlay

constraints, as included in the planning scheme; and

b. for s10.7.5 - the same as the s10.7.2 and, if applicable, a notation identifying the linear distance to the boundary of the airport land if it is within 5 kilometres.

12. That Council resolve to develop a draft Airport Master Plan, inclusive of ANEF contours which will be used to inform Council's land-use planning


instruments and present this to a future Council meeting for consideration prior to public exhibition.

13. That Council note that once ANEF contours are developed (in conjunction with an Airport Master Plan for Kempsey Airport) and adopted, clause 7.8 of the LEP regarding development in areas subject to aircraft noise would have effect. That in the interim that Council informs the proponent of any development application within 5 km of the airport that there is a potential noise impact that needs to be further investigated or considered.

14. That Council acknowledge the involvement of the Kempsey Airport Reference Group (KARG) in the development of the NMP and that in accordance with the KARG Terms of Reference that after finalisation of the FNA KARG has fulfilled the role, is thanked for its service and is disbanded.

447 Item 9.32019.5162019-8-20

Renaming the Shire

1 That Council staff commence to engage with the community regarding a potential name change, naming options and community support

2 That Council staff investigate the full expected financial impact of a name change

3 That a report on this matter be returned to the June 2020 ordinary meeting of Council

9 November 2019

Planning has commenced for Local Government Elections 2020 and Councillors were briefed on this planning on 6 November 2019.

3 February 2020

Actions in progress – report will be provided to June 2020 council meeting

5 May 2020

Reported to the May 2020 meeting for deferral until June 2021.


465 Item 9.12019.5612019-10-22

Saleyards Strategic Management Options Report - Preliminary Outcomes (Stage 1)

1 That Council note the strong community and Saleyard user support for Council to retain ownership of the Kempsey Regional Saleyards at its current location;2 That Council endorse further investigation and analysis of the “Maintain”, “Upgrade” and “Lease” options to determine the most advantageous option which will include:a. “Maintain” and “Upgrade” options – development of a business plan to determine the changes required to the Saleyard operations in order to achieve long-term independent financial sustainability and reduce operational risk to Council and the associated stakeholder impacts; andb. Conduct an Expression of Interest (EOI) for interested parties to lease the Kempsey Regional Saleyards after the preparation of a draft business plan.3 That Council provide a report back to a future Council meeting to recommend either “Maintain”, “Upgrade” or “Lease” as the preferred management option for the Kempsey Regional Saleyards; and4 That Council actively investigate grant funding opportunities for the upgrade of the Kempsey Regional Saleyards consistent with the business plan for an appropriate and financially affordable future capital works program.

2 November 2019

1. Complete2. In progress3. In progress4. In progress

28 January 2020


1 May 2020


Items 2-4 have been delayed due to Commercial Business resources being diverted to address COVID-19 related impacts, such as Holiday Parks.

467 Item 9.72019.5682019-10-22

Outdoor Dining Approvals

1 That the moratorium on the payment of fees and charges associated with the commercial use of footpath areas within the Kempsey Shire, villages and town centres be extended to 30 June 2025.2 That Council opt in to the NSW Outdoor Dining Policy 2019 and work with Service NSW and the Easy To

2 November 2019

1. Complete2. Complete3. Not yet due


Do Business program to ensure that all safety and legislative compliance issues are met by business owners through the self-assessment and lodgement process as outlined in the Policy.3 That Council receive a report to the June 2024 meeting to consider the reintroduction of charges for outdoor dining.

22 January 2020

1. Complete2. Complete3. Not yet due

1 May 2020

1. Complete2. Complete3. Not due until June 2024. No further updates will be

provided on this item until 2024.473 Item 7.1

2019.5802019-11-28

State Government Funding for NSW Public Libraries

1 That Council make representation to the local State Member(s), The Hon. Melinda Pavey MP, in relation to the need for a sustainable state funding model for the ongoing provision of public library services.

2 That Council write to the Hon. Don Harwin, Minister for the Arts and the Hon. Walt Secord, Shadow Minister for the Arts, calling for bi-partisan support for Consumer Price Index (CPI) indexation of state funding for NSW public libraries, as well as legislation of all elements of the 2019-20 to 2022-23 NSW state funding model.

3 That Council take a leading role in lobbying for sustainable state government funding for libraries.

4 That Council endorse the distribution of the NSW Public Libraries Association NSW library sustainable funding advocacy information in Council libraries, as well as involvement in any actions proposed by the Association.

11 February 2020

1. Complete2. Complete3. Ongoing4. Ongoing

8 May 2020

Actions completed. Item will be removed.


483 Item 9.42019.6102019-12-17

Macleay Valley Coast Holiday Parks - Licence Management and Capital Program

1. That Council undertake an impact assessment of the impact of changing the management of annual license holders and permanent residents sites within Council's holiday parks at Crescent Head, Hat Head, Stuarts Point and Grassy Head. That this impact assessment to consider matters such as:a. Holiday park income generationb. Holiday park upgrade pathwaysc. Town village social and business impacts2. The development of these impact assessments to include community engagement with all stakeholders.3. That a workshop and site inspection with Councillors be undertaken.4. That Council commence appropriate stakeholder engagement on proposed changes to site layout plans with users of the holiday parks and the local community including users of the nearby reserves.5. That updated site layout plans are presented for consideration at a future Council meeting.6. That Council write to all existing annual licence holders to reiterate the licence condition which requires them to:a. seek prior written permission of the park owner prior to selling the occupants movable dwelling while it is on the site; andb. seek park owner’s prior written permission prior to transferring the whole or part of the occupants interest under the licence agreement.

3 February 2020

1. In progress2. Subject to 1. above3. Planning commenced4. Planning phase commenced5. Commenced – subject to stakeholder and community

engagement6. Completed

1 May 2020

1. In progress – RFQ for the engagement of a consultant is available on tenderlink. A copy of the RFQ has been uploaded on YSM.

2. Subject to 1. above3. Delayed due to COVID-194. Planning phase commenced – Delayed due to COVID-195. Commenced – subject to stakeholder and community

engagement6. Completed


486 Item 9.22019.6182019-12-17

Kempsey Airport - Fly Neighbourly Advice

1. That Council note the submissions received during the 5-week public exhibition period of the draft Fly Neighbourly Advice (FNA).2. That Council, having considered the submissions, endorse the Kempsey Airport FNA dated December 2019 and submit it to Civil Aviation Safety Authority (CASA) for approval.3. Subject to CASA approval of the FNA, that Council make a request to CASA / Airservices Australia for an En-Route Supplement Australia (ERSA) entry for Kempsey Airport to be made detailing the Noise Abatement Procedures as per Council Resolution 20198.479 dated 25 June 2019.4. That Council acknowledge the involvement of the Kempsey Airport Reference Group (KARG) in the development of the FNA and that in accordance with the KARG Terms of Reference that KARG has fulfilled the role, is thanked for its service and is disbanded.5. That Council makes adherence with the FNA a condition of any new or renewed agreement with a lease holder or operator subject to a conditions of use agreement.

28 January 20201. Complete2. Complete3. In Progress (currently being considered by CASA)4. Complete5. Ongoing

1 May 20201. Complete2. Complete3. Complete4. Complete5. Complete

All actions now completed – this item will be removed.

487 Item 9.32019.6192019-12-17

Application to Building Better Regions Fund

That Council:1. submit an application for the Macleay Valley Adventure Recreation Park - MVARP (Working Title) to the Federal Government’s Building Better Regions Fund grant program, and2. seek the cooperation of the State and Federal Governments to jointly fund this project.

10 February 2020Currently in progress.

8 May 20201. Complete2. Complete and ongoing action

As this item has been completed it will be removed.


490 Item 10.12019.6222019-12-17

Community Sustainability - The Regeneration

1. That Council, in conjunction with Macleay Living Sustainably coordinate additional community screenings of 2040;2. That Council, if possible, provide adequate copies of the movie for loan, either as a DVD or by digital download from Kempsey Shire Council libraries to satisfy community demand; and3. That Council investigate the viability of providing the schools version of the movie 2040 for use within local schools.

10 February 20201. To be progressed post Seniors Festival in February when

resources available2. Complete3. To be progressed as part of Library schools outreach

work

8 May 2020

1. Unable to be progressed to date due to COVID-192. Complete3. In progress as part of Library schools outreach work

493 Item 11.22019.6272019-12-17

Tender for Relocatable Modular Buildings

That Council:1. Accepts a lump sum tender submitted by Builtsmart Group for the delivery of Hat Head Amenities for the amount of $271,348.24.2. Accepts a lump sum tender submitted by Builtsmart Group for the delivery of Stuarts Point Amenities for the amount of $218,815.51.3. Accepts a lump sum tender submitted by Kennedy Builders for the delivery of the Stuart’s Point Manager’s Residence for the amount of $236,363.64.4. Appoint to the Panel for Relocatable Modular Buildings the following five companies – Builtsmart Group, Kennedy Builders, Wendgold (T/A East Coast Homes), Hunter Valley Homes and Timberline.

1 May 2020All actions now completed – this item will be removed

497 Item 9.32020.42020-2-18

South West Rocks Alcohol-

That Council suspend the Alcohol-Free Zone for the nominated location within Livingstone Street, South West Rocks between the hours of 9am to 10pm on

6 May 2020Applicant advised - action complete and will be removed


Free Zone Suspension

Saturday 21st March and Saturday 12 September 2020 for the purposes of the Eat St SWR food events 2020 and for the following years 2021 and 2022 (at dates to be determined).

499 Item 9.62020.72020-2-18

Midwaste Annual Report 2019

That the MidWaste 2018/19 Annual Report is received and published on Council’s website for the community’s information.

1 May 2020All actions now completed – this item will be removed

500 Item 11.22020.112020-2-18

Supply and Delivery of Passenger, Truck and Earthmover TyresSection 10A(2)(d)(i) – Commercial Position

That Council: 1. Accepts the tenders submitted by Bridgestone Australia Ltd, Goodyear Dunlop Tyres Aust Pty Ltd, Tyres4U, Tyremax Pty Ltd and Marshy’s Tyres & Mechanical and they be appointed to a Source Panel to supply and deliver passenger, truck and earthmover tyres for the period from 18 February 2020 to 31 December 2022. 2. That provision be allowed for a 12-month extension based on satisfactory supplier performance which may extend the Source Panel through to 31 December 2023.

7 May 2020Council staff have enacted this resolution as stated, which is now complete. This item will be removed.

505 Item 10.12020.162020-2-18

Management of Stuarts Point Tennis Courts

1. That Council review the license conditions with the Stuarts Point and District Tennis Club to require a minimum level of community access to the Tennis Courts and an annual report to Council concerning the operation, use and management of the Tennis Courts.2. That if the Stuarts Point and District Tennis Club do not accede to minimum community access provisions and a reporting requirement that Council investigates other options for the management of the Stuarts Point Tennis Club facilities.

4 May 2020A new licence agreement has been drafted and is undergoing internal review. Once the licence agreement has been finalised then engagement will commence with the Licensee.


506 Item 10.22020.172020-2-18

Removal of Library Late Fines

1. That Council remove late fines for items borrowed at Kempsey Shire Council Libraries from 1 July 2020.2. That Kempsey Shire library staff investigate and implement alternative procedures for the timely return of items as required.

6 May 20201. Complete 2. To be incorporated into Library Strategy review

507 Item 10.32020.182020-2-18

Mid North Coast Joint Organisation Update Report

That Council receives an update report on an annual basis of the activities of the Mid North Coast Joint Organisation.

8 May 2020No update – not yet due

508 Item 7.12020.302020-3-17

Novel Coronavirus (COVID-19)

That Council:1. notes the organisation’s position regarding COVID-19 and given the rapidly changing situation note that Council will take future actions as directed by, or based on advice from, the lead agencies of Federal and State Health authorities.2. acknowledges the activities under Council's Business Continuity Plan and the effective measures that it is implementing.3. Encourage es the community to be aware of the protocols:a. staying at home when you are unwellb. avoiding large public gatherings if they’re not essentialc. keeping a distance of 1.5 metres between you and other people whenever possibled. minimising physical contact, especially with people at higher risk such as older people and people with existing health conditions

6 May 2020

All items completed – item will be removed

509 Item 9.22020.34

Recovery Action Plan

That Council: 6 May 2020


2020-3-17 1. Note the recent activities undertaken by Council in support of bushfire recovery across our community.2. Note the receipt of $1,416,667 from the Federal Government National Bushfire Recovery Agency for the purpose of supporting the local community and businesses in their recovery from bushfires.3. Note that a program of work for the expenditure of funds as per point 2 is to be submitted to the NSW Office of Local Government within three months of receipt (end March 2020), with expenditure to take place within 12 months (by January 2021). 4. Delegate the General Manager as responsible for delivering point 3. 5. Note the recent announcement from the NSW Government Bushfire Community Resilience and Economic Recovery Funds of availability of a $250,000 grant for the purpose of supporting the local community and businesses in their recovery.6. Note that applications for up to $1 million in grant funding from the Federal Government Drought Communities Program close on 1 June 2020. 7. Note that Council staff are currently engaging with the broader community on their ideas and expectations for recovery programs and funding allocations. 8. Request the General Manager table an update on the Kempsey Shire Recovery Action Plan at the May, August, September and December 2020 Council meetings.

1. Complete2. Complete3. Program submitted - complete4. Complete5. Complete6. Underway7. Ongoing8. Recovery Action Plan tabled for May meeting

As all items are either complete or ongoing and a further report has been reported to the May 2020 Council meeting this item will be removed.


514 Item 10.3A2020.402020-3-17

Royal Commission into Natural Disaster Arrangements

That Council:1. Collates a succinct and all-encompassing submission to The Royal Commission.2. Publicises to the Kempsey Shire Community the fact of the need for submissions and invites people to do so online, by email, by post or by bringing submissions to the Customer Service Centre by 2nd April 2020.3. Invites relevant individuals in the community who were/are involved in the Shires’ bushfires action and recovery to write a submission4. Requests the General Manager with delegated authority to finalise Council’s submission to the Royal Commission.5. Requests the Royal Commission to undertake the June 2020 Formal Hearing for the North Coast preferably at Willawarrin Community Hall, or a more suitable venue within the shire.

8 May 2020

1. Complete2. As detailed in the response to the Question on Notice

from Councillor Hauville this item was overlooked and not promoted

3. Complete4. Complete5. Complete

All items addressed – items will be removed.

515 Item 7.12020.522020-4-21

Covid-19 Financial Support

1. That Council calls on the Federal Government and NSW Government to urgently deliver comprehensive and multifaceted financial support and stimulus packages to local government to enable them to continue to operate effectively and provide essential services during the COVID-19 pandemic.2. That Council calls for the packages to include the following measures:a. Increasing Financial Assistance Grants payments to 1% of Australia's GDP to help councils maintain essential functions and services, acknowledging the increased costs and mounting revenue losses arising from COVID-19 and drought and

8 May 2020

All items addressed and complete. Item will be removed.


bushfire as well as giving councils capacity to provide hardship assistance to businesses and residents.b. Immediate financial assistance to support council employees, especially in early education and care.c. Providing stimulus funding to councils for projects that will help sustain council operations and boost local economies. This could be achieved through increasing or bringing forward funding under existing funding programs or introducing new programs.d. Increased access to TAFE, VET and other apprenticeship opportunities that council staff can undertake to address skill shortages, especially for staff in non-essential services who are unable to be redeployed.3. That Council commends the NSW and Federal Governments on their stewardship during this crisis and commits to working in partnership to protect community health and sustain local economies through this crisis.4. That Council write to the local Federal and State Member(s) Mr Patrick Conaghan MP and the Hon Melinda Pavey MP, Prime Minister the Hon Scott Morrison MP, NSW Premier the Hon Gladys Berejiklian MP, Federal Treasurer the Hon Josh Frydenburg MP, NSW Treasurer the Hon Dominic Perrottet MP, NSW Local Government Minister the Hon Shelley Hancock MP, Federal Minister for Local Government the Hon Mark Coulton, Federal Opposition Leader the Hon Anthony Albanese, NSW Opposition Leader Jodi McKay MP, Federal Shadow Minister for Local Government


Jason Clare MP and NSW Shadow Minister for Local Government Greg Warren MP to confirm their support for increased financial assistance and stimulus funding for local government to help councils maintain essential services and employment during the COVID-19 pandemic.5. That Council endorses Local Government NSW’s sector-wide campaign to obtain financial assistance, employment support and stimulus funding for the local government sector.6. That Council advise LGNSW President Linda Scott of the passage of this Mayoral Minute.

516 Item 9.12020.532020-4-21

Covid-19 Pandemic

1. That Council thanks the community for their support and acknowledges the efforts of our health workers and key front-line workers in responding to the COVID-19 pandemic. 2. That Council notes:a. The COVID-19 pandemic was declared a Business Continuity Event by Council’s Continuity Management Team (CMT) on Thursday 19 March and that the General Manager has assumed the role of CMT Chief under this plan.b. The organisation’s response to the COVID-19 pandemic, including the impacts on Council services and events, as detailed within this report.c. The actions taken to keep Council staff working productively through working from home arrangements and compliance with social distancing requirements for operational staff, so that essential services and associated supporting services continue to be provided

8 May 2020

All items actioned or being implemented. A report as required by item 4.h. will be reported to Council in September 2020.


to the community and further impacts within the local economy are minimised.d. The continually evolving situation in respect to COVID-19 and that Council will take future actions as directed by, or based on advice from, the lead agencies of the Federal and State Governments, including health authorities and the NSW Police. e. The delays in the Local Government Elections and the associated impacts that this will have in relation to Council’s Integrated Planning and Reporting, including the adoption of a revised Community Strategic Plan and new Delivery Program.f. The actions taken to minimise the economic impacts on the Kempsey local government area, as detailed within this report.g. The actions, including stimulus packages, announced by the Federal and State Governments in response to COVID-19.h. The current financial position of Council and the significant impact COVID-19 will have on the financial sustainability of the Kempsey Shire Council organisation and its ability to fund COVID-19 related relief initiatives for Kempsey Shire Council residents and businesses.i. The need for Council to be financially responsible in responding to COVID-19 and ensure that Council initiated relief packages are affordable.3. That Council advocates to both the Federal and State Government to include local government in stimulus packages and to provide local government financial assistance through:


a. Underwriting financial losses incurred by Council as a result of COVID-19;b. Suspending the Waste Levy for a period of time to offset lower tipping fees; c. Underwriting rate defaults resulting from COVID-19; andd. The provision of untied grants for operational and capital expenses.4. That Council: a. Amends the Hardship Relief to Ratepayers procedure (5.4.4) to apply to COVID-19 impacted businesses. b. Suspends new debt recovery actions for outstanding accounts, where financial hardship is apparent, for a period of up to 6 months commencing 22 April 2020. c. Continues debt recovery actions for those outstanding accounts which are already subject to legal proceedings. d. Increase the Local Preference Purchasing Procedure notional price offset from 5% and a maximum of $25,000, to 10% and a maximum of $50,000 for the period to 30 June 2021.e. Waive all interest charges on outstanding rates for a minimum period to 31 October 2020 where the ratepayer can demonstrate they suffered financial hardship as a result of COVID-19 impacts and enters into an approved payment arrangement in accordance with the Hardship Relief to Ratepayers Procedure.f. Delegate to the General Manager the authority to:


i. apply the National Cabinet mandated Code of Conduct for Commercial Tenancies;ii. provide rental relief for Council business tenants and not-for-profit community groups located within or on Council owned properties where the business or community group can demonstrate they suffered financial hardship as a result of COVID-19 impacts for a period of up to 6 months commencing 22 April 2020; andiii. waive any other fee associated with small businesses and not-for-profit community groups where the business or community group can demonstrate they suffered financial hardship within the Kempsey Shire as a result of COVID-19 impacts for a period of up to 6 months commencing 22 April 2020.g. Note that a moratorium on outdoor dining fees associated with the commercial use of footpaths already exists.h. A report be provided to a future Council meeting no later than September 2020 that details the financial assistance provided as a result of the initiatives included within this resolution and includes a recommendation for any further financial assistance should this be deemed necessary.i. Note that, as the fourth rates instalment notice was printed and sent to ratepayers prior to the April Council meeting, limited detail regarding the relief available to ratepayers suffering hardship could be referenced. j. Note that a letter was included in the fourth rates instalment notice to ratepayers advising them of


altered rates payment arrangements given that customer services are not currently offering a face-to-face service and that a further mail-out to ratepayers is being considered to advise them of any resolutions made by Council in relation to the payment of rates.

517 Item 9.22020.562020-4-21

Operational Plan 2020-21, Budget and Long-Term Financial Plan

That:1. Council’s draft Integrated Planning and Reporting documents be placed on public exhibition for a period of 28 days.2. A report be tabled at the 28 July 2020 ordinary meeting of Council, detailing the submissions received during the public exhibition and presenting final documents for adoption3. That staff conduct a workshop prior to the end of May with Councillors to consider options to improve the budget outcome.4. That the July ordinary meeting of Council be rescheduled from Tuesday 21 July 2020 to Tuesday 28 July 2020.

8 May 2020

1. Currently on exhibition2. Not yet due3. Workshop scheduled for 27 May 20204. Complete

520 Item 9.52020.622020-4-21

Grant Funding Announcements

That Council:1. Authorise the General Manager to enter into funding deeds for the following projects announced under the Stronger Country Communities Fund Round 3:a. Willawarrin Playground and Picnic Area - $112,508b. Gladstone Youth and Community Centre (known as Gladstone Hall and Art Gallery) External Refurbishment - $124,678 c. Smithtown Nestle Park Amenities Building Replacement - $202,150

8 May 2020

1. In progress2. Complete


2. Be advised that the following projects were not successful in receiving funding in this round of the Stronger Country Communities Program:a. Kempsey Library Refitb. Youth Leadership Program and Youth Festival

523 Item 11.32020.672020-4-21

Review of Options for Clyde Street Carpark, Including Award of Tender for AmenitiesSection 10A(2)(d)(i)

That Council:1. Accept the lump sum tender from Osborne and Dowling Pty Ltd for $273,195.45 GST exclusive for the construction of the Clyde Street Amenities Facility.2. Adopt ‘Option 1’ in the list of strategies for completion identified within this report, being the following sequence of works: a. Construct the new amenitiesb. Construct the southern portion of the carpark area, once agreements related to privately owned land are in place, and demolish the existing amenitiesc. Construct the northern portion of the carpark area, once agreements or acquisitions related to privately owned land are in place3. Allocate the required additional funds within the 2020/21 Operating Plan when it is considered for adoption by Council in June 2020.

1 May 2020All actions now completed – this item will be removed.

Matters in progress arising from previous Council …...2020/05/19 · Crescent) and Lot 26...

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Transcript of Matters in progress arising from previous Council …...2020/05/19 · Crescent) and Lot 26...