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 12TH MAY 2009 (FOR CONFIRMATION)

MINUTES OF THE EXTRAORDINARY MEETING 15TH MAY 2009 (FOR CONFIRMATION)

PRESENTATION

At 10.20 a.m. just prior to the morning tea break Council’s David Kraaymaat will be presented with Staff Excellence award for the month of April.

At 12.30 p.m., just prior to the lunch break Council will conduct the official turning of the first sod at the Bellbrook Water Treatment Plant and Senator Michael Forshaw - Australian Labor Party Senator for New South Wales and Paul Sekfy - Australian Labor Party candidate for Cowper have been invited to attend.

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 FORUM MATTERS

ADOPTION OF AGENDA ORDER OF BUSINESS

MAYORAL MINUTE A1 - A12

MM1 - Member for Oxley A1
File: 25

MM2 - Appointment of new General Manager A1
File: 1252

MM3 - Bellbrook Public School A2
File: LA8939

MM4 - Marine Parks A3
File: 658

MM5 - May Flood Event A4
File: 1291

MM6 - Closing the Gap A6
File: 18 CC: 88

MM7 - Nuclear Free Alliance A8
File: 37

MM8 - Kempsey District Hospital A9
File: 265 CC: 419

MAYORAL SUPPLEMENTARY MINUTE

MM9 SUPP - LGMA Forum and Shires Association Conference A11
File: 152

ITEMS TABLED FOR INFORMATION B1

Report & Determination of the Local Government Remuneration Tribunal

NOTICE OF MOTION D1

NOM1 - Auction Sale of Surplus Council Lands D1
File: 1287

RESCISSION MOTION E1

RM1 - Removal of Shade Sails – Clyde Street Mall E1
File: 369

DELEGATE’S REPORT F1 – F5

DR1 - Report on Attendance at Roads and Transport Congress - May F1
File: 19

DR2 - Mission Australia Kempsey F3
File: 25

DR3 - 9th Annual Science & Engineering Challenge F4
File: 25

DIRECTOR SUSTAINABLE DEVELOPMENT SERVICES REPORT G1 – G43

DSDS1 - Draft Local Environmental Plan (LEP) Amendment No 98 G1
File: T5-98

DSDS2 - Age Care Facility – South West Rocks G2
File: T6-07-318

DSDS3 - Local Environmental Study (LES) Old School Site G5
Gregory Street, South West Rocks
File: T5-100

DSDS4 - Heritage Grant Application G18
File: 138

DSDS5 - Section 82A Review of Determination G20
File: T6-07-76

DSDS6 - Review of Contributions G26
File: T6-06-313

DSDS7 - Nominations for Joint Regional Planning Panel G31
File: 579

DSDS8 - Economic Development Manager’s Monthly Report G33
File: 584

DSDS9 - Proposed Dredging Works for Austral Street G35
Boat Ramp, Fishermans Reach and Killick Creek
File: 60 CC: 794

DSDS10 - Revotes 2008/09 G37
File: 153

DSDS11 - Building and Development G39
File: 329

DIRECTOR SHIRE SERVICES REPORT H1 – H12

DSS1 - Pricing of Recycled Water – South West Rocks Country Club H1
File: 694

DSS2 - Establishment of Water & Sewerage Steering Committee H2
and Bellbrook Water Treatment Plant Steering Committee
File: 1294 & 1296

DSS3 - Fishing Fleet Facilities – Back Creek, South West Rocks H4
File: LA22499

DSS4 - Mandatory Connection to Recycled Water Systems and Use of Recycled Water H5
File: 365

DSS5 - Thungutti Water Supply and Sewerage Systems – H7
Short Term Operation by Macleay Water
File: 377

DSS6 - Application for Closure and Sale of part Mitchell Street at H8
South West Rocks
File: LA5358

DSS7 - Boyters Lane Sporting Facilities Development H10
File: 1259

DSS8 - Revotes and Works-In-Progress H11
File: 153

DIRECTOR SHIRE SERVICES SUPPLEMENTARY REPORTS H13 - H17

DSS9 SUPP - Boonanghi forest Road H13
File: R Boonanghi

DSS10 SUPP - Reappointment of SES Local & Unit Controllers H16
File: 596

DIRECTOR CORPORATE & COMMUNITY SERVICES REPORT J1 – J25

DCCS1 - Statement of Bank Balances as at 31st May 2009 J1
File: 1028

DCCS2 - Statement of Investments as at 31st May 2009 J2
File: 303

DCCS3 - Fleet Management J3
File: 151

DCCS4 - Operation of Kempsey Regional Saleyards J4
File: E2009-003

DCCS5 - Mayoral and Councillor Fees – Remuneration Tribunal Report J5
File: 276

DCCS6 - Ministerial Visit – The Hon. Tony Kelly MP Minister J7
for Lands and Federal Member for Cowper Visit – Mr Luke Hartsuyker MP
File: 579

DCCS7 - Replacement of Amenities Blocks at Stuarts Point J9
Holiday Park and Reserve
File: 120

DCCS8 - Australian Government, Department of Education, J10
Employment and Workplace Relations, Jobs Fund Projects
File: 1259

DCCS9 - Community Safety and Crime Prevention Plan 2005 - 2008 Update
File: 761

DCCS10 - Kempsey Shire 2004 – 2009 Social Plan Progress Update J14
File: 70

DCCS11 - Cultural Plan 2002 – 2007 Update J15
File: 625

DCCS12 - Ageing 2022, Action on Ageing Strategy J16
File: 1042

DCCS13 - Department of Ageing, Disability and Home Care Funding J20
File: 543

DCCS14 - NSW Department of Community Services J22
File: 389

DCCS15 - Crescent Head Works Prioritisation Committee - J23
Appointment of Community Members
File: 198

DIRECTOR CORPORATE & COMMUNITY SERVICES SUPPLEMENTARY REPORTS J26 - J32

DCCS16 SUPP - South Kempsey Park Lachlan Street J26
Further Safety Concerns
File: 69

DCCS17 SUPP - Naidoc Week March J29
File: 653

DCCS18 SUPP - Revotes J31
File: 153

GENERAL MANAGER’S REPORT K1 – K10

GM1 - Outstanding Reports / Resolutions K1
File: 149

GM2 - Works Program K5
File: 153

GM3 - Draft Management Plan K6
File: 339

GM4 - Integrated Planning and Reporting K7
File: 170

GM5 - Training K9
File: 907 CC: 367

QUESTIONS WITHOUT NOTICE M1

RESPONSES

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 submitted on a confidential basis as it involves information that would, if disclosed, prejudice the maintenance of law. (Local Government Act 1993, section 10A(2)(e))

On balance, the public interest in preserving the confidentiality of the information which relates to matters of law, outweighs the public interest in openness and transparency in council decision making by discussing the matter in open meeting.

DSDS1 CONF - Derelict Building G1
File: 001

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.

DSDS2 CONF - Modified Consent – South West Rocks G3
File: T6-07-318

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.

DSDS3 CONF - Unauthorised Use G4
File: LA957

DIRECTOR CORPORATE & COMMUNITY SERVICES CONFIDENTIAL REPORT J1 – J5

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.

DCCS1 CONF - Auction Sale of Surplus Council Lands J1
File: 1287

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.

DCCS2 CONF - Airport Taxiway – New Hanger Development J4
File: LA31496

DIRECTOR CORPORATE & COMMUNITY SERVICES CONFIDENTIAL SUPPLEMENTARY REPORT J3 - J12

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.

DCCS3 SUPP CONF - Tender 2 x Graders   J3
File: T2009-003

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.

DCCS4 SUPP CONF - Tender 2 x Rollers  J5
File: T2009-003

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.

DCCS5 SUPP CONF - Tender Excavators J8
File: T2009-003

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.

DCCS6 SUPP CONF - Tender – Prime Mover   J10
File: T2009-002

GENERAL MANAGER’S CONFIDENTIAL REPORT K1 – K10

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

REASON FOR PRESENTATION OF REPORT ON A CONFIDENTIAL BASIS

This report is submitted on a confidential basis as it involves personnel matters concerning particular individuals (other than Councillors). (Local Government Act 1993, section 10A(2)(a))

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.

GM2 CONF - Annual Performance Appraisal K5
File: S10-13

REASON FOR PRESENTATION OF REPORT ON A CONFIDENTIAL BASIS

This report is submitted on a confidential basis as it involves personnel matters concerning particular individuals (other than Councillors). (Local Government Act 1993, section 10A(2)(a))

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.

GM3 CONF - Plant K8
File: S10-13 CC: 151

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, confer a commercial advantage on a competitor of the council. (Local Government Act 1993, section 10A (2) (d) (ii))

On balance, the public interest in preserving the confidentiality of the commercial information outweighs the public interest in openness and transparency in council decision making by discussing the matter in open meeting.

GM4 CONF - CivicView Partnership K9
File: 907

OPEN COUNCIL

ADOPTION OF REPORT OF THE CONFIDENTIAL COMMITTEE OF THE WHOLE

CONCLUSION