Location: 22 Tozer Street
Postal Address: PO Box 78
WEST KEMPSEY NSW 2440
Customer First: 02 6566 3200
Facsimile: 02 6566 3205
Email: ksc@kempsey.nsw.gov.au
Hours: 8.30 am to 4.30 pm
Monday to Friday
ABN 70 705 618 663
     



 
 

ORDINARY COUNCIL MEETING
3RD FEBRUARY 2009

 
 
 
 

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 16TH DECEMBER 2008 (FOR CONFIRMATION)

PUBLIC FORUM

PRESENTATION

At 10.15am, Lieutenant Karen Keddie of The Salvation Army will be introduced to Council and will join us for Morning Tea. Karen has been appointed to the Kempsey Corps as from 8th January 2009.

At 12.30pm Mr Richard Holloway from Arts Mid North Coast will provide Council with a presentation on the structure and operations of Arts Mid North Coast, their recent outcomes and strategic directions for 2009.

CONSIDERATION OF LATE REPORTS

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

CONSIDERATION OF REPORTS RELATING TO PUBLIC FORUM MATTERS

ADOPTION OF AGENDA ORDER OF BUSINESS

MAYORAL MINUTE A1 – A15

MM1 - Mayoral Expenses A1
File: 276

MM2 - Kempsey District Hospital A2
File: 419 CC: 265

MM3 - Bellbrook Public School A3
File: 280

MM4 - LGSA Tourism Conference 2009 A4
File: 165

MM5 - Recruitment of General Manager A5
File: 1252

MM6 - Proposal for Marine Park, South West Rocks A5
File: 658

MM7 - National Regional Youth (Baseball) A7
Championships 2009
File: 56 CC: 334

MM8 - Inspection of Caravan Parks A8
File: 120

MM9 - Australian Council of Local Government ‘Closing the Gap’ A11
File: 579 CC: 88

MM10 - Rate Pegging V Cost Shifting A12
File: 321 CC: 484

MM11 - Public Meeting - Bellbrook A13
File: 69

MM12 - Medical Scholarships A14
File: 7

NOTICE OF MOTION D1 – D4

NOM1 - South West Rocks Surf Life Saving Club Inc D1
File: 447

NOM2 - Second Bridge Crossing Investigations D2
File: 452

NOM3 - ALGA News Electronic D3
File: 210

NOM4 - Appreciation of input from Stuarts Point D3
Caravan Park Residents
File: 120

DELEGATE’S REPORT F1 – F9

DR1 - Hastings / Macleay Mental Heath Rehabilitation Forum F1
File: 419

DR2 - Floodplain Management Authority Quarterly Meeting F3
File: 284

DR3 - NSW Local Government Aboriginal Conference 2008 F7
File: 165

DIRECTOR SUSTAINABLE DEVELOPMENT SERVICES REPORT G1 – G77

DSDS1 - Corruption Management in Development Assessment G1
File: 584

DSDS2 - Review of Infrastructure Contributions G3
File: 579

DSDS3 - Proposed amendment to Kempsey Local Environmental G5
Plan 1987 (Amendment No. 81) to Rezone land at
511 Pacific Highway, South Kempsey
File: T5-81

DSDS4 - Proposed Local Environmental Plan Amendment G10
No 55 to Rezone land known as ‘Saltwater’ at South West Rocks
File: T5-55

DSDS4 Addendum - Proposed Local Environmental Plan Admenment G78
No 55 to Rezone land known as 'Saltwater' at South West Rocks
File: T5-55

DSDS5 - Proposed amendment to Kempsey Local Environmental
Plan – Rezoning of land at 37 Belle O’Connor Street, South West Rocks
File: T5-111

DSDS6 - Proposed Subdivision of 2 lots into 3 G49
File: T6-07-358

DSDS7 - Kempsey Shire ESD Strategy G61
File: 927

DSDS8 - Public Health Related Inspections G63
Sustainable Development Services
File: 128

DSDS9 - Derelict or Abandoned Buildings G67
File: 1

DSDS10 - Economic Development Manager’s Monthly Report G70
File: 584

DSDS11 - Building and Development G71
File: 329

DIRECTOR SHIRE SERVICES REPORT H1 – H28

DSS1 - Mandatory Connection to Recycled Water H1
Systems and Use of Recycled Water
File: 365 CC: 694

DSS2 - Meetings with Sporting Field User Groups H2
File: 110

DSS3 - Request for ongoing Donations from Hat Head H9
Community Dune Care Group
File: LA8505 CC: 3

DSS4 - Bellbrook Water Treatment Plant H11
Progress Update on Grant Funding
File: 1143

DSS5 - West Kempsey Sewage Treatment Works H12
Progress Update
File: 645

DSS6 - Petition for serious consideration to construction H14
Of a Skate Park at Hat Head
File: 334

DSS7 - Maria River Road, Crescent Head H17
File: 197 CC: R Maria River

DSS8 - MR198 (South West Rocks Road) H18
Rehabilitation Works
File: 211

DSS9 - Release of the Report of the Independent Inquiry H20
into secure and sustainable urban water supply
and sewerage services for Non-Metropolitan NSW
File: 150

DSS10 - Hat Head Sewerage Scheme – Progress Report H22
File: 217

DSS11 - Turners Flat Bridge H24
File: 680

DSS12 - Site Visits – Fluoridation Installations H25
Kempsey Shire Water Supply Systems
File: 240

DIRECTOR SHIRE SERVICE'S SUPPLEMENTARY REPORT

DSS13 SUPP - Replacement of SES Vehicles H29
File: 151

DSS14 SUPP - Local Community Infrastructure Program H31
File: 579

DIRECTOR CORPORATE & COMMUNITY SERVICES REPORT J1 – J35

DCCS1 - Statement of Bank Balances as at 16th January 2009 J1
File: 1028

DCCS2 - Statement of Investments as at 16th January 2009 J2
File: 303

DCCS3 - Fleet Management J2
File: 151

DCCS4 - Financial Statement for the period to J4
31st December 2008
File: 321

DCCS5 - Kempsey Airport Development J7
File: 183

DCCS6 - Appointment of Council’s Solicitors J9
File: 746

DCCS7 - Conferences and Seminars J12
File: 117

DCCS8 - Election of Community members to J14
Council Committees
File: 198

DCCS9 - Donation Request – Kempsey High School J17
File: 3

DCCS10 - Hat Head Community Centre J19
File: 3

DCCS11 - Public Libraries NSW Country Regional meeting J21
File: 554

DCCS12 - Bellbrook Hall Committee – Area Assistance Scheme Grant J22
File: 619, Copy LA8938

DCCS13 - Aboriginal Liaison Committee J24
File: 540

DCCS14 - Library User Survey J25
File: 554

DCCS15 - Report on Consumption of Alcohol Policy J27
File: 744

DCCS16 - Reporting on Actions in the CCTV Feasibility Study J28
File: 1069

DCCS17 - Videofied Security System J30
File: 1069

DCCS18 - Yarrahapinni Festival J32
File: 3

DCCS19 - Community Hall Renewal Fund J33
File: 101

DIRECTOR CORPORATE & COMMUNITY SERVICES SUPPLEMENTARY REPORT

DCCS20 SUPP - Operation of Kempsey Regional Saleyards J36
File: 255

DCCS21 SUPP - Review of Fees for Holiday Parks J49
File: 120

DCCS22 SUPP - Health Services J52
File: 419

DCCS23 SUPP - Seniors Week Activities J53
File: 76

GENERAL MANAGER’S REPORT K1 – K23

GM1 - Outstanding Reports / Resolutions K1
File: 149

GM2 - Works Program K5
File: 153

GM3 - Quarterly Report K5
File: 339

GM4 - Shires Association Conference K6
File: 345

GM5 - Resource Sharing K7
File: 264

GM6 - Code of Conduct K11
File: 367

GM7 - Community Addressing Council K13
File: 395

GM8 - Water Inquiry Models K14
File: 150

GM9 - Kempsey Showground K18
File: LA2942

GM10 - Correspondence and Complaint Handling K19
File: 584

COMMITTEE REPORTS L1 – L3

Aboriginal Liaison Committee L1

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

MAYORAL CONFIDENTIAL REPORT A1 – A2

REASON FOR PRESENTATION OF REPORT ON A CONFIDENTIAL BASIS

This report is submitted on a confidential basis as it includes information that would, if disclosed, confer a commercial advantage on a person with whom Council is conducting business.

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.

MM1 CONF - Recruitment of General Manager A1
File: 1252

DIRECTOR SUSTAINABLE DEVELOPMENT SERVICES CONFIDENTIAL REPORT G1 – G8

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), and Refers to personal matters concerning particular individuals (other than councillors)

DSDS1 CONF - Derelict Buildings G1
File: 1

DIRECTOR SHIRE SERVICES SUPPLEMENTARY CONFIDENTIAL REPORT  H1 – H3

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.

DSS1 CONF - South West Rocks Recycled Water Pipelines Tender                          File: T2008-009

DIRECTOR CORPORATE & COMMUNITY SERVICES CONFIDENTIAL REPORT J1 – J3

REASON FOR PRESENTATION OF REPORT ON A CONFIDENTIAL BASIS

This report was submitted on a confidential basis as it involved commercial information of a confidential nature that would if disclosed prejudice the commercial position of the person who supplied it.

DCCS1 CONF - Tender Road Sweeper J1
File: T2008-002

GENERAL MANAGER’S CONFIDENTIAL REPORT K1 – K5

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

CONCLUSION

 

 
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