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 14 JULY 2009 (FOR CONFIRMATION)

MINUTES OF THE EXTRAORDINARY MEETING 20 JULY 2009 (FOR CONFIRMATION)

PRESENTATION

At 12.30 p.m. Mr Peter Floyd, Regional Controller SES will conduct a 10 to 15 minute presentation on the revised funding model for the SES followed by questions from Councillors. Mr Floyd has also been invited to join Councillors for lunch afterwards.

MERIT AWARDS

Merit Awards will be presented to the following sports people from the Macleay Valley Baseball Association:

• Claire O’Sullivan;
• Jack Shaw; and
• Braden Farawell.

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 – A15

MM1 - Life Saving - New South Wales A1
File: 380

MM2 - Kempsey Red Cross A2
File: 25

MM3 - NSW Rural Fire Service A2
File: 25

MM4 - Frederickton Nursing Home A3
File: T6-06-313

MM5 - Development of South Kempsey A4
File: 283 Copy: 265 & 18

MM6 - Planning Legislation A5
File: 579

MM7 - Port Macquarie – Hastings Council A5
File: 264

MM8 - Step – Fish on Friday Program A7
File: 25

MM9 - Shires Association of NSW A8
File: 152

MM10 - Bellbrook Public School A9
File: LA8939

MM11 - Councillor Weekend A10
File: 163

MM12 - Police Command A11
File: 579

MM13 - Local Government Association Annual Conference A11
File: 152

MM14 - National Seachange Taskforce A12
File: 357

MM15 - Minister for Roads A13
File: 118

ITEMS TABLED FOR INFORMATION B1

1 - Floodplain Management Authorities – Minutes May 2009
File: 284

2 - Current Section 355 Committees Manual
File: 433

NOTICE OF MOTION D1 – D5

NOM1 - Acknowledgement of the Traditional Aboriginal Land Owners D1
File: 395 Copy: 310

NOM2 - ALGA Representations at Federal Meeting D2
File: 198

NOM3 - Australian Emissions Trading Scheme D3
File: 165

NOM4 - Safe Access for Meter Readers D4
File: 63

NOM5 - Councillors Addressing the Council Meeting D5
File: 395

RESCISSION MOTION E1 – E1

RM1 - Waste Services E1
File: 577 Copy: T2008-001

DELEGATE’S REPORT F1 – F7

DR1 - Saleyards Annual Conference 2009 F1
File: 388 Copy: 447

DR2 - Floodplain Management Authority Quarterly Meeting May 2009 F6
File: 284

DIRECTOR SUSTAINABLE DEVELOPMENT SERVICES REPORT G1 – G42

DSDS1 - Strategic Planning Program G1
File: 584

DSDS2 - Korogoro Creek Estuary Management Study and Plan G7
File: 530

DSDS3 - Economic Development Manager’s Monthly Report G10
File: 584

DSDS4 - Proposed Amendment to Kempsey Local Environmental Plan G11
1987 (LEP Amendment No.111)
File: T5-111

DSDS5 - Request for Assistance with Legal Costs G13
File: 200

DSDS6 - Shire Wide Fire Safety Audit G14
File: 459

DSDS7 - Proposed Alterations and Additions to an Existing Two (2) G16
Storey Dwelling
File: T6-09-183

DSDS8 - Proposed Alterations and Additions to an Existing Single (1) G24
Storey Dwelling
File: T6-09-123

DSDS9 - Economic Stimulus Plan G34
File: 1259 Copy: 556

DSDS10 - Building and Development G36
File: 329

DIRECTOR SHIRE SERVICES REPORT H1 – H54

DSS1 - Commercial Waste Service Tracking H1
File: T2008-001

DSS2 - Draft Customer Service Agreement and Draft Recycled Water Policy H3
File: 1286

DSS3 - Vandalism – Lower Belgrave Street H4
File: 657

DSS4 - Dungay Creek Road, Wittitrin H5
File: R Dungay Ck

DSS5 - Land Acquisition – Perrets Bridge, Jerseyville H8
File: LA4590 Copy: 680

DSS6 - Plummers Lane at Rainbow Reach H10
File: LA14864 Copy: LA6628 & R Plummers

DSS7 - Point Plomer Road – Maintenance and Capital Expenditure H11
File: R Point Plome

DSS8 - Hat Head Sewerage Scheme – Progress Report H16
File: 217

DSS9 - Kempsey Water Supply Scheme – Protection of Sherwood H20
Borefield – Progress Report
File: 1155

DSS10 - Residents Meeting – Road Condition – Back Creek Road, Kinchela H24
File: R Back Ck Rd Copy: 61

DSS11 - Public Exhibition of Draft Supply of Reclaimed Water Policy H28
File: 694

DSS12 - Filing of Plans for Registration by Land and Property Information H30
File: 584 Copy: 264

DSS13 - National Timber Councils Taskforce H32
File: 101

DSS14 - NSW Road Classification Review H34
File: 41

DSS15 - Revised SES Funding Model H35
File: 101

DSS16 - Flood Debrief – May Flood Event H37
File: 1291

DSS17 - Kempsey Flood Study H39
File: FM515

DSS18 - Cardwell Street – Capital Works H41
File: 153 Copy: R Cardwell St

DSS19 - Tozer Street – Tree Plantings H43
File: 55 Copy: R Tozer St

DSS20 - Willawarrin Recycle Drop Off Site H45
File: 231

DSS21 - Kundabung Extended Waste Area H46
File: T2008-01 Copy: 491

DSS22 - Public Meeting – Perrets Bridge, Jerseyville H48
File: 680 Copy: 61 & LA4590

DSS23 - Pacific Highway Works Prior to Reclassification due to Highway BypassH51
File: 118 Copy: 680 & R Macleay Fre

DIRECTOR CORPORATE & COMMUNITY SERVICES REPORT J1 – J21

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

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

DCCS3 - Fleet Management J2
File: 151

DCCS4 - Lease of Economic Development Office – Affixing Council’s Seal J4
File: LA1112

DCCS5 - Easement to Country Energy, Elbow Street, West Kempsey - J5
Affixing Council’s Seal
File: LA13187

DCCS6 - Policy on Payment of Expenses and Provision of Facilities to the J6
Mayor and Councillors
File: 276

DCCS7 - Conferences and Seminars J7
File: 117

DCCS8 - Councillors Addressing at Council Meetings J9
File: 395

DCCS9 - Kempsey Airport Taxiway J11
File: 183 Copy: LA31496

DCCS10 - Outward Bound – Aboriginal Youth Leadership Program J12
File: 343

DCCS11 - Official Opening of Barrunbatayi Burial Ground at East J14
Kempsey Cemetery
File: 19102

DCCS12 - Youth Access Centre Opening J17
File: LA2767 Copy: 343

DCCS13 - Grants J19
File: 101

DCCS14 - 355 Committees J20
File: 433

GENERAL MANAGER’S REPORT K1 – K23

GM1 - Outstanding Reports / Resolutions K1
File: 149

GM2 - Works Program K4
File: 153

GM3 - Delegations to General Manager K5
File: 83

GM4 - Advantages of Utilising a Single Image K12
File: 129 Copy: 670

GM5 - Review of Organisation Structure K14
File: 924

GM6 - Quarterly Report K22
File: 339

COMMITTEE REPORTS L1 – L7

Local Traffic Committee meeting held 28 January 2009 L1

QUESTIONS WITHOUT NOTICE M1

RESPONSES FROM 14 JULY 2009 MEETING M2 – M9

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 SESSION N1

CONFIDENTIAL BUSINESS PAPER

DIRECTOR SUSTAINABLE DEVELOPMENT SERVICES CONFIDENTIAL REPORT G1 – G2

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.

DSDS1 CONF - South West Rocks Nursing Home G1
File: T6-07-318

DIRECTOR SHIRE SERVICES CONFIDENTIAL REPORT H1 – H8

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 - Recycle Steel Collection Contract H1
File: 1013 Section 10A(2)(e) – Maintenance of Law

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.

DSS2 CONF - Alignment of Five Day Creek Road H3
File: R Five Day Ck Copy: LA17086

DIRECTOR CORPORATE & COMMUNITY SERVICES CONFIDENTIAL REPORT J1 – J3

REASON FOR PRESENTATION OF REPORT ON A CONFIDENTIAL BASIS

This report is submitted on a confidential basis as it involves the personal hardship of a resident or ratepayer. (Local Government Act 1993, section 10A(2)(b))

DCCS1 CONF - Agreement to Settle Outstanding Rates and Charges J1
File: LA2523

GENERAL MANAGER’S CONFIDENTIAL REPORT K1 – K5

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 SESSION

CONCLUSION