Ordinary Council meeting
14 October 2008

Minutes

Agenda

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".

Apologies

Declarations of Interest

Assessment of Items Listed in Confidential Business Paper

Minutes of the Ordinary Meeting 9th September 2008 (for confirmation)

Minutes of the Extraordinary Meeting 30th September 2008 (for confirmation)

Minutes of the Works Inspection Committee Meeting 30th September 2008 (for confirmation)

Public Forum

Consideration of Late Reports

  • Consideration of late reports to determine whether they should be dealt with or deferred.

Consideration of Reports Relating to Public Matters

Adoption of Agenda Order of Business

Mayoral Minute A1-A6

Items Tabled for Information B1

  1. Open Letter to the Mayors of PLNSW-C Councils
    File: 198
  2. Election Results
    File: 1049
  3. LGA 2008 Annual Conference
    File: 165
  4. Disclosures by Councillors and Designated Persons
    File: 629
  5. Australian Emissions Trading Congress 2008
    File: 165
  6. Inaugural Conference on Green Travel, Climate Change And Ecotourism
    File: 165
  7. Minutes of Kempsey Bushfire Management Committee
    File: 1060
  8. Shire’s Association of NSW September 2008 Newsletter
    File: 84
  9. Extract from Minutes of the Ordinary Council Meeting of Kempsey Shire Council 9th October 2001 re Management of the Macleay River
    File: 60
  10. CONF - Map relating to DSS5 West Kempsey Sewage Treatment Plant Replacement
    File: 60

Notice of Motion D1-D5

Rescission Motion E1-E6

Director Sustainable Development Services Report G1-G73

Director Shire Services Report H1-H47

Director Shire Services Supplementary Report H48-H62

Director Corporate & Community Services Report J1-J34

General Manager’s Report K1-K16

Committee Reports L1-L7

Questions Without Notice M1

The following items of business are of such a nature that discussion is likely to take place when the meeting is closed to the public for the reasons stated.

Motion for confidential committee N1

Confidential Business Paper

Confidential Committee of the Whole Officer’s Reports

Director Sustainable Development Services Confidential Report G1-G7

  • Reason for Presentation of Report on a Confidential Basis

    This report is considered on a confidential basis as it contains advice concerning the 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)

    DSDS1 CONF - Legal Opinion
    G1 File: 14
  • Reason for Presentation of Report on a Confidential Basis

    This report is considered on a confidential basis as it contains information that would if disclosed, prejudice the maintenance of law (Local Government Act 1993, Section 10A(2) (e)

    DSDS2 CONF - Unauthorised Tourist Facility
    G3 LA10371

Director Shire Services Confidential Report H1-H29

  • Reason for Presentation of Report on a Confidential Basis

    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.

    DSS1 CONF - Liquid Trade Waste - Akubra Hats Pty Ltd
    H1 File: LA3195
  • Reason for Presentation of Report on a Confidential Basis

    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.

    DSS2 CONF - Update on Legal Advice for the Thomas’ Property
    H3 File: LA7896
  • Reason for Presentation of Report on a Confidential Basis

    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.

    DSS3 CONF - Mixed Solid Waste and Green Waste Tender
    H5 File: T2008-001
  • Reason for Presentation of Report on a Confidential Basis

    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.

    DSS4 CONF - Maria River Road Link Project - Purchase of Gravel
    H19 File: Q2008-004
  • Reason for Presentation of Report on a Confidential Basis

    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.

    DSS5 CONF - Progress Report West Kempsey Sewage
    Treatment Plant Replacement
    H21 File: 645

Director Corporate & Community Services Confidential Report J1-J2

  • Reason for Presentation of Report on a Confidential Basis

    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))

    Discussion of the matter in an open meeting would disclose commercial information upon which the tenderers have based their tenders which would on balance be contrary to the public interest.

    DCCS1 CONF - Tender T2008-008 Supply and Installation of Cabins at Horseshoe Bay Caravan Park
    J1 File: T2008-008

General Manager’s Confidential Report K1-K4

  • Reason for Presentation of Report on a Confidential Basis

    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.

    GM1 CONF - Various Legal Matters - Current Position
    K1 File: 155

Open Council

Adoption of Report of the Confidential Committee of the Whole

Conclusion