MINUTES OF THE ORDINARY MEETING OF

KEMPSEY SHIRE COUNCIL

Tuesday 12^th February 2002 commencing at 9.05am.

PRESENT:

Councillors J A C Hayes, (Mayor and Chairman), J H Bowell, T Hunt, N Joukhadar, P J Parkinson, B R Sowter, and J Sproule.

General Manager, A V Burgess; Director Engineering , K J Finnie; Director Environmental Services, B W Casselden; Director Corporate and Community Services, T I Hannam; Director Business Enterprises, G B Snape, Pat Hanrahan and Beryl Hassett.

Councillor T Hunt entered the Chamber at 9.08am.

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APOLOGY:

2002. 71 RESOLVED: Moved: Cl. Sproule

Seconded: Cl. Bowell

That the apology submitted by Councillor P Mainey for non attendance at the meeting be accepted and leave of absence granted.

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MINUTES OF THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL DATED 15^TH JANUARY 2002

2002. 72 RESOLVED: Moved: Cl. Sowter

Seconded: Cl. Bowell

That the Minutes of the Ordinary Meeting of Kempsey Shire Council dated 15^th January 2002, be adopted.

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PUBLIC FORUM

1 R & A Poschadel addressed Council regarding report DES 1 Local Development Application for Dwelling Lot 40 DP 752431 Section 94 Road Upgrading Contribution.

At this stage, 9.08am, Councillor T Hunt entered the Chamber .

2 Mr Phillip Geer addressed Council regarding report DES 2 Proposed Two Storey Dwelling South West Rocks.

3 Mr Lachlan Clarke addressed Council regarding report DES 3 Proposed Community Title Subdivision Hat Head.

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CONSIDERATION OF LATE REPORTS

2002. 73 RESOLVED: Moved: Cl. Hunt

Seconded: Cl. Sproule

That the late reports be considered in conjunction with the relevant Director’s reports.

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CONSIDERATION OF REPORTS relating to public forum – Reports DES 1, DES 2 and DES 3

DES 1 LOCAL DEVELOPMENT APPLICATION FOR DWELLING

LOT 40 DP 752431, SECTION 94 ROAD UPGRADING CONTRIBUTION

FILE T6-01-164 AJC {Folio No: 228854}

SUMMARY:

Reporting on a proposal by the applicant for council to review condition 15 of the development consent in accordance with the provisions of Section 82A of the Environmental Planning and Assessment Act 1979 as amended.

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Applicant: R & A Poschadel

Owner R & A Poschadel

Subject Land: Lot 40 DP 752431, 2846 Willi Willi Road, Moparrabah.

Determination: For erection of a dwelling, 3 July 2001 subject to conditions

Proposal

The applicants have requested a reconsideration of condition 15 of the development consent for a dwelling. Condition 15 reads as follows: -

The applicant is to pay a contribution towards upgrading/maintenance of Willi Willi Road for dwellings on lots for which contributions have not been previously paid in accordance with Councils Section 94 Plan for Rural Roads. The contribution is to be paid prior top the release of the Construction Certificate of the rate prevailing at that time. The current rate is $5,562.64 per lot/dwelling.

Discussion

The current Section 94 Rural Road Developer Contributions Plan is applied to developments on existing portions where a development entitlement exists and or where one is created pursuant to State Environmental Planning Policy No. 1.

As the development proposal is to establish a dwelling on an existing portion then a Section 94 contribution towards upgrading of councils rural roads is payable.

Reference is made to a report submitted to Council on the 11 September 2001 discussing the implementation of the current Section 94 Rural Roads Developer Contribution Plan.

In that report the following example was used: -

A typical example of this is a portion 82 at the end of Silo Road (a private road ) off Smiths Creek Road, Kundabung. The owner applied to erect a dwelling on this portion having an area of approximately 79 hectares. The erection of a dwelling is permissible with development consent under the provisions of the Kempsey Local Environmental Plan 1987. The new Contribution Plan for rural roads required a contribution be paid towards upgrading of Smiths Creek Road totalling $11,879.

There is no difference between the example used in the Council report of the 11 September and the current application.

Options

The following options are currently available to council; -

1. Leave the Contribution Plan in its present form and reconsider this aspect of the plan before September 2002, as resolved by council at its meeting of the 11 September 2001. Particular attention needs to be paid to reducing the time taken to calculate contribution rates. It is hoped that this cost will reduce as more data is accumulated upon receipt of future applications.

2. Council amend the current contribution plan by allowing a single credit for existing portions where there is an existing dwelling entitlement and the property has been owned by the applicant before the implementation of the current Plan. This will effectively reduce the amount of contributions council collects and the amount available to expend on the Local Roads network, particularly in the upper river areas where contribution rates are higher and there is a large percentage of land parcels held in the old portion format. Contribution rates for these up river areas usually range from $11,000 to $20,000. If council decides not to collect contributions then Council will need to make up the shortfall in the contributions to undertake the necessary upgrading to accommodate the increase in development.

3. Not charge Section 94 in respect to rural roads in the Shire. This is not considered to be a realistic option. Table 2 (September 11, 2001 report) shows 100 new dwelling approvals in 2000/2001 and 140 other development applications in the same period total value of $9,034,152 in rural areas of the Shire. As these developments come online in the near future the owners of the developments will expect a reasonable standard of Local Roads to service their developments. To loose income in the order of $241,402.90 would have serious financial implications to Council in upgrading and maintaining these rural local roads

4. Extend the option of Deferral of Contributions to include existing portions where the applicant owned the property in question before the implementation of the current Section 94 Contributions Plan.

Council currently allows deferral of all contributions in respect to subdivision only. The applicant is required to enter into a deed of agreement with caveat registered over the existing title of the property. The applicant is to pay the contributions upon either sale or transfer of the property.

In the case of subdivision the developers are preparing to create lots for sale and or transfer to others. Generally developers try not to extend the deferral process beyond two years. The development industry in the Kempsey Shire has in the past recognised that there is a benefit in deferring contributions, but also recognise that it can become a liability to them beyond the two year mark. The contribution to upgrade the service is required once the dwelling is erected on the lots. The deferral process allows the contribution to be lodged with council at time of sale well before the new owner applies to build.

In this circumstance it would not be appropriate for council to defer contributions for the following reasons: -

[a] Council would have to use its funds or increase borrowings to meet possible significant shortfall in providing the service and pass the additional costs to the applicant, thereby raising the contribution rate further.

[b] It will set an undesirable precedent, which would allow long term residents to defer the payment for a long period of time beyond the design life of the pavement and beyond the life of the current contribution plan.

[c] The road upgrading is required now to service this development for traffic, which this development will generate. Deferring the contribution places an unreasonable burden on those that have already paid and the community which will have to meet the cost of funding works.

[d] It places an undesirable burden on the applicants in circumstances where the contribution may not be received for twenty to thirty or more years and the contribution rate has double or tripled. It is conceivable that the contribution rate payable at that time may be greater than or equal to the value of the land component, thereby severely hampering future sale of the property.

[e] Could create an undesirable precedent leading to an increase in rural development in areas of the Shire where council’s rural road network is stretched to the limit.

5. Allow the Applicants in these situations to pay instalments, by private arrangement with council.

Council has in the past allowed some developments to pay contributions by instalment. This has not been a success as council has accepted an unsecured payment relying on an honour system.

For example, council conditionally approved a Dual Occupancy development at Kemps Access, Collombatti, on the 19 June 2000. Condition 1 required a contribution of $2763 towards Kemps Access and $605 to Collombatti Road. The applicants applied to pay the road upgrading contributions by instalment. Council at its meeting of the 8 August 2000 resolved: -

“That the applicant be advised that council is prepared to accept payment of the required contribution in quarterly instalments of $421 over a period of 2 years.”

The applicants have paid 4 payments since the 19 September 2000 with the last instalment having been received on the 20 June 2001. Council is currently seeking to have outstanding monies paid.

NOTE: Further options including the setting of “flat” rates may become possible in the future, depending on the outcome of the Section 94 review being undertaken by the Department of Planning. This was reported to council when it adopted the current Plan, however, the Department of Planning has provided no indication as to if or when any changes are to be made.

Financial Implications

Should council agree to apply those options contained in 2,3,4 and 5 above, the immediate financial implication will be a significant increase in councils contribution to upgrading of it rural road network.

2002. 74 RESOLVED: Moved: Cl. Bowell

Seconded: Cl. Parkinson

1 That the current Section 94 Plan for Rural Roads be retained in its present form.

2 That the applicants be informed that condition 15 of the development consent of the 3 July 2001 is to remain unchanged.

DES 2 PROPOSED TWO STOREY DWELLING SOUTH WEST ROCKS

FILE T6-01-525 DJW {Folio No: 228855}

SUMMARY:

Reporting that Council has received an application to erect a two storey dwelling, which requires variations to Council’s DCP 22 Local Housing Strategy and for which four (4) objections have been received.

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Applicant: Howard and Phillips – Design Partners

Subject land: Lot 46, DP 31938, 17 Ocean Street,

South West Rocks

Zone: 2(a) (Residential “A” Zone) & 7d Scenic

Protection)

Proposed development

The proposal is to build a two storey dwelling on the subject allotment.

Siting

The site is a vacant allotment situated on the western side of Ocean Street, South West Rocks, the land has a steep fall from the street boundary to the rear, with a street frontage of 15.24m and a total site area of approximately 1230m².

Heads of Consideration

The proposal has been examined having regard to the Heads of Consideration identified under Section 79C(1) of the Environmental Planning and Assessment Act 1979 with the following matters considered to be of particular relevance to the proposal. The proposal may be defined as “dwelling house” and is permissible with consent in the 2(a) Residential Zone under Kempsey Local Environmental Plan 1987.

The proposal is not contrary to any State Environmental Planning or North Coast Regional Environment Plan 1988.

DCP No 22 – Local Housing Strategy

The proposal is required to comply with the following requirements of DCP No 22. The location of the proposal is contained within a defined low density area for which single dwellings only are permitted.

An assessment of the proposal against the relevant requirements of DCP 22 results in the following:

Standard	Required	Proposed	Complies Y/N
Density	500m²	1234m²	Yes
Setbacks - side North elevation South elevation Front Rear	0.9m and 15m 1.5m 5m 1.5m	1.2m and 1.8m 1.8m 5m >1.5m	Yes Yes Yes Yes
Carparking	1 covered	2 covered spaces	Yes
Landscaping	135m²	>135m²	Yes
Height	6.2m & 7.9m	8.9m	No
Solar Access	Adequate	Adequate	Yes
Privacy	Adequate	Adequate	Yes
Cut and Fill	<1.5m	>1.5m	No
Long Walls	20m	<20m	Yes
Access	20%	20%	Yes
Private open space	25m²	>25m²	Yes

Comment

As indicated in the table above, the proposal complies with DCP 22 except in respect to the dwellings height and cut and retained area.

BUILDING HEIGHT

Comment

The building heights within various residential and commercial zones are controlled by Clauses 24 and 25 of Kempsey Local Environmental Plan 1987. In respect to residential zones, buildings are restricted to two (2) storeys with a topmost floor ceiling level of not more than 6.2 metres above natural ground level unless the topography of the site makes compliance extremely difficult. DCP 22 also permits a maximum rise of an additional 1.7m which may be allowed in respect to dwellings containing raked ceilings. (Appendix ‘a’) outlines the area of variation. It is considered the subject dwelling meets the above criteria.

The applicant was requested to submit a streetscape analysis, this can be viewed in (Appendix ‘b’) , the analysis indicated that the proposed finished roof height is less than the existing adjoining dwelling. The height of the adjoining dwelling was at an acceptable height as it did not remove their river views.

It is considered the supporting documentation from Howard and Phillips design partners shows the variations meet the performance objectives of DCP 22, this can be viewed in (Appendix ‘c’).

It is further considered satisfactory for the additional reasons –

1 Maximum height of the building’s front elevation is 4.5m.

2 The floor level in the garage was calculated to allow access and to have as small a grade as possible for the concrete driveway. Therefore it was the compromise of driveway gradient and height restriction that floor levels were also based upon.

3 The maximum building height variation is 1m which reduces to zero within 2 metres.

4 The building height variation will have no adverse impact on the streetscape.

FILL AND RETAINING WALLS:

Comment

The applicant proposes to provide a 2m cut and retain the area with an internal retaining wall. This is considered satisfactory for the following reasons:

1 The cut area will not be visually evident externally when the building is completed.

2 The cut area will not have any adverse impact on the adjoining neighbourhood or streetscape.

Section 79c(1)(e) – Advertising

The proposal was advertised in accordance with the EPA & A – 1979 and Council’s Policy with four (4) objections received. The grounds for objection are summarised as follows:-

Objection Planning Comment

The height will obstruct part of my view.

The streetscape analysis demonstrates the river views will not be affected.

Would de-value our homes.

This cannot be substantiated.

Bulky and does not blend with the environment.

The dwelling has been architecturally designed.

Conclusion

Having considered all of the relevant matters under Section 79(c) of the Environmental Planning and Assessment Act, 1979 and DCP 22 Performance Objectives and the circumstances of the case, it is recommended that the development application be approved subject to conditions determined by the General Manager.

2002. 75 RESOLVED: Moved: Cl. Bowell

Seconded: Cl. Joukhadar

That Development Application T6-01-525 be approved subject to conditions determined by the General Manager.

Councillor Hunt recorded his vote against the foregoing Resolution.

DES 3 PROPOSED COMMUNITY TITLE SUBDIVISION – HAT HEAD

FILE T6-01-169 RBP {Folio No: 228857}

SUMMARY:

Reporting that Council has received an application for a Community Title subdivision to permit the erection of four (4) dwellings for which inadequate provision has been made for the disposal of effluent and to reduce the bushfire hazard.

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Applicant: Lachlan Clarke

Subject land: Lot 50 DP 874223 Marlin Circuit, Hat Head

Zone: 2(v) Village

Heads of Consideration:

The proposal has been examined having regard for the Heads of Consideration identified under Section 79 C(1) of the Environmental Planning and Assessment Act with the following matters considered to be of particular relevance to the proposal. The proposal is permissible, with consent under KLEP 1987.

The proposal is not contrary to North Coast Regional Environmental Plan 1988 or any State Environmental Planning Policies.

Effluent Disposal

An application to subdivide the subject land into four (4) Community Title development lots was lodged on 8^th May 2001.

Council may be aware of considerable inherent constraints to development of land within the Marlin Circuit subdivision, having regard to slope and poor absorption capacity. The geotechnical report provided at the time of subdivision clearly indicates that each one hectare lot within the subdivision has capacity for disposal of effluent for one (1) dwelling only, and Council resolved to place a restriction over the title of each lots which states –

“No further subdivision of the land is possible until reticulated sewerage system is available to service the subject lots.”

By letter of 24^th May 2001, the applicant who was aware of the restriction, was advised that any consideration of Council to vary the restriction to permit subdivision of the land would be subject to submission of a detailed geotechnical assessment, indicating that dwellings could be erected on the lots in compliance with the relevant Australian Standard for on-site effluent disposal.

In reply, the applicant sought Council’s agreement to permit construction of the proposed dwellings with occupation to be subject to provision of a reticulated sewerage system.

The applicant was advised that although Council could consider a “deferred commencement” consent, contingent upon a reticulated sewerage system being available, Council could not permit the actual erection of dwellings until such time as such a system was available.

The applicant subsequently commissioned a geotechnical assessment of the site which clearly states that….. “disposal of domestic effluent on-site is considered impractical and that would be therefore necessary to remove all wastewater from the site for treatment elsewhere”. The original assessment was based on 1 x 3 bedroom dwelling. No objection is raised to 1 x 2 bedroom and 1 x 1 bedroom dwellings, subject to bushfire and threatened species requirements being met.

Having regard for the volumes of effluent required to be stored for the four (4) proposed dwellings (13,440 litres per week) and the capacity of the trucks used for pumpout services (understood to be 6,000 litres), such a system is not considered to be viable.

Despite this advice, the applicant wishes Council to proceed with the community title subdivision, including assessment of all four (4) proposed dwellings. (Appendix ‘d’

Threatened Species

The ecological assessment submitted with the application concludes that on the basis that about 90% of the canopy is to be retained, that the proposal is unlikely to result in any significant impact on any threatened species likely to occur onsite.

It should be noted that this assessment conflicts with the proposed bushfire mitigation measures which will require significantly increased amount of clearing (see Bushfire Hazard)

Impacts on Hat Head National Park

In recognition of the extreme bushfire hazard associated with any development on the upper slopes adjacent to Hat Head National Park, a restriction as to user was placed on the original subdivision advising of the need to maintain fuel loadings in the upper area to not more than ten (10) tonnes per hectare.

In order to maximise views, it is proposed to locate two (2) dwellings immediately adjacent to the southern boundary adjacent to Hat Head National Park.

The application was referred to the National Parks and Wildlife Service for comment. (Appendix ‘e’) The service effectively objects to the two (2) dwellings being located only 2.5 metres from the National Park boundary on the basis that insufficient setback has been provided to create adequate fuel free zones without affecting habitat within the park.

The Service has also indicated that they will not allow any fuel free zones to encroach upon the park, thereby preventing suitable fuel free zones being established.

The Service also notes the inconsistency between the flora and fauna report, which assumes removal of only 10% of the canopy with the need to establish suitable fuel free zones for the purposes of bush fire protection.

Bushfire Hazard

The upper sections of the subject land is subject to an extreme fire hazard, having a north westerly aspect with slopes up to 33%.

Having regard to the steepness of the terrain, the applicant proposes pedestrian access only to the upper dwellings.

The application was referred to Council’s Fire Control Officer for comment. Council’s Fire Control Officer considers that the lack of vehicular access for emergency vehicles is unacceptable and that a properly constructed road with a suitable turning space would need to be provided. The Fire Control Officer also notes that such a road would be difficult to achieve, given the high erosion characteristics of the land.

In response, the applicant has submitted two options for addressing bushfire risk. Option 1 involves the creation of fuel free zones up to the National Park boundary and a system of emergency egress over adjoining lots. The option has been assessed in accordance with the NSW Rural Fire Services “Planning for Bushfire Protection” produced in the wake of the recent bushfire events. The proposal does not comply with the guidelines as the proposed fuel free zones are insufficient and no details have been provided as to how it is intended to comply with the relevant Australian Standard to achieve the required fire proofing. Provision of emergency egress onto adjoining properties is also impractical as it would require some form of restriction over adjoining lots who are owned by persons not a party to the application and no details have been provided as to where such access would lead or as to how many owners would be affected.

Option 2 involves construction of access closer to the two dwellings for which no details have been provided and incorporating emergency egress over adjoining properties. Having regard to the extreme slopes (i.e. up to 33%) and the erodable natural of the land as determined by the applicant’s geotechnical engineer, provision of access over such extreme slopes is considered to be inappropriate.

The only means available to the applicant would be to relocate the two dwellings at the rear further to the front of the allotment in order to provide adequate access and maintain suitable fuel free zones.

A further option could be to allow two (2) dwellings on the lower slope provided the total number of bedrooms does not exceed three (3).

Public Exhibition

The application was advertised in accordance with Council’s policy with three (3) objections having been received, which may be summarised as follows:- (Appendix ‘f’)

Objection Planning Comment

1	Restriction as to user prevent further subdivision. If varied, should be varied for all lots in the subdivision. Note: This objection was lodged by the developer of the subdivision who is still a major landholder within the subdivision.	1	Provided either the application is amended to provide for 1 x 2 bedroom and 1 x 1 bedroom dwellings, or any consent is by means of a “deferred commencement” consent and bushfire and threatened species issues are adequately addressed, the intent of the restriction will be met and no objection is raised to further subdivision. Note: Such an approach is the same as allowed for an adjoining tourist development proposed by the objector.
2	Suspended sewerage pipes unsightly.	2	It is agreed that any proposal to suspend sewerage pipes from pedestrian walkways could be unsightly unless carefully designed. This concern would be overcome by relocation of Dwellings 1 and 2 to a lower location where vehicular access can be provided.
3	Seepage from disposal tanks will occur during heavy rainfall.	3	The applicant’s consultant indicates that a system catering for a maximum of three (3) bedrooms will comply with the relevant standards. Any further development should not occur until sewerage is available.
4	Proposed shared access with adjoining lot not agreed to under any circumstances.	4	Shared access not proposed.
5	Increased traffic will impact on adjoining lot.	5	Any approval should be conditional upon the road being setback at least 2 metres from the adjoining property and screen planted with suitable endemic species.
6	Clearing for fuel reduction in restricted area would render the EIS submitted as worthless.	6	Agreed. The proposal requires amendment to relocate Dwellings 1 and 2 so as to restrict fuel reduction clearing to not more than 10% of the existing canopy as assumed by the ecological consultant.
7	Driveway will cause erosion.	7	Any approval should be contingent upon submission of a detailed Erosion Control Plan in accordance with Council’s guidelines. The upper area is inherently unstable as confirmed by the applicant’s consultant and should not be disturbed.

Planning Comment

Having regard to the above factors, the applicant has been invited on a number of occasions to submit an amended proposal to locate dwellings to the lower section of the land with vehicular access and suitable bushfire control measures. The applicant has been advised that Council could approve of a single dwelling and Construction Certificate to enable the immediate erection of a dwelling on the lower slopes or a “deferred commencement” consent for all four (4) dwellings contingent upon reticulated sewerage being available and relocation of dwellings 1 and 2 to address bushfire and threatened species concerns.

Director Environmental Services Recommendation:

A That the applicant be requested to submit an amended application providing for

either

i) the erection of one (1), 2 bedroom and one (1), 1 bedroom dwelling located on the lower slopes (i.e. within approximately 100 metres of the front boundary) with provision for vehicular access and located so as to minimise the amount of clearing required to establish suitable fuel free zones to not more than 10% of the existing canopy. Such approval to be by means of a standard consent;

ii) relocation of proposed Dwellings 1 and 2 to the lower slopes (i.e. total of four (4) dwellings) to a location which, in the opinion of Council, the provision of vehicular access is practical and clearing to reduce the bushfire hazard will not require removal of more than 10% of the existing canopy. Such approval to be by “deferred commencement consent”, contingent upon availability of a reticulated sewerage system.

B That unless a suitable amended application is submitted within fourteen (14) days of notice being given, that the application be refused for the following reasons:-

1 Proposed Dwellings 1 and 2 would be subject to an unacceptable bushfire hazard having regard to the following:-

b Clearing required to provide suitable fuel free zones is inconsistent with the ecological assessment provided in support of the application.

c Fuel free zones cannot be established and maintained without impacting on habitat values within Hat Head National Park which is considered by the National Parks and Wildlife Service to be unacceptable.

2 The site is unsuitable for the onsite disposal of effluent.

2002. 76 RESOLVED: Moved: Cl. Bowell

Seconded: Cl. Sowter

That the Director Environmental Services recommendation be adopted subject to 14 days in Part B being amended to 28 days.

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MAYORAL MINUTE

M1 GENERAL MANAGERS PERFORMANCE REVIEW

FILE: S10-13 Councillor Hayes (NRN) {Folio No: 228846}

SUMMARY:

Advising Council that a Quarterly Performance Review of the General Manager was held on January 15^th.

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On the 15^th January the General Manager’s Performance Review Committee comprising Councillors Bowell, Hunt, Joukhadar and myself carried out a Quarterly Performance Review of the General Manager for the quarter ending 31^st December 2001.

The report submitted by the General Manager to the Committee is outlined in (Appendix A)

Other matters raised at the Review were: -

· That the Kempsey Chamber of Commerce be consulted in respect of the retail/commercial study of the Kempsey Business District.

· That consideration be given to training the Civic Maintenance Teams on “Know your Shire” so that they can respond to visitors questions.

· That Councillors be informed on a regular basis of Resolutions of Council outstanding.

· That there needs to be a meeting of the Plant Committee in the near future.

· That Councillors should be advised when Directors receive remuneration increases, linked to the General Managers Performance Assessment.

· That procedures should be put in place to ensure that a Director always fills the position of Acting General Manager and that the General Manager or Acting General Manager is contactable 24 hours a day.

The Committee accepts the report of the General Manager together with the additional information supplied and reports that the General Manger displays the level of competency required.

Financial Implication

There are no financial implications arising out of this report.

Mayoral Recommendation:

That the information be noted.

2002. 77 RESOLVED: Moved: Cl. Bowell

Seconded: Cl. Parkinson

1 That the information be noted.

2 That Council ratify the outcome of the General Manager’s Performance Review Committee’s report.

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SUPPLEMENTARY MAYORAL MINUTE - 1

M1 Kempsey Macleay RSL Club – Use of Road Reserve

FILE: LA20004 Councillor Hayes

{Folio No: 228909}

SUMMARY:

Reporting on discussions with the Kempsey Macleay RSL Club.

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I have had extensive discussions with the Secretary Manager, Reg Brain, who has indicated the Club’s position in the letter attached at (Appendix A)

The Club is seeking jurisdiction over the Car Park.

As the area in question (ie. the car park) is dedicated public road Council can lease the area to the Club. In this case an appropriate rental would appear to be $1 per year. The Club would then have some control over the area and could introduce security measures.

The Club would enter into a partnership arrangement with Council with respect to maintenance of the area.

Financial Implication

There are no significant financial implications from the following recommendation.

Mayoral Recommendation:

That the road reserve in front of the Kempsey Macleay RSL be leased to the Kempsey Macleay RSL Club for $1 per year.

MOVED: Moved: Cl. Joukhadar

Seconded: Cl. Bowell

That the Management of the RSL Club be invited to come and discuss with Council the use and control of the carpark.

An Amendment was MOVED: Moved: Cl. Hunt

Seconded: Cl. Sproule

That the Management of the RSL Club and the Sub Branch be invited to come and discuss with Council the lease of the carpark.

2002.78 The AMENDMENT was PUT to the MEETING and was CARRIED, became the MOTION and was CARRIED.

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MAYORAL SUPPLEMENTARY MINUTE - 2

M1 MAYORAL ENGAGEMENTS FOR JANUARY

FILE: C18-25 Councillor Hayes (NRN)

{Folio No. 229236}

SUMMARY:

Reporting on the Mayors engagements since Councils meeting on the 15^th January 2002.

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16^th January - Masterplan Meeting

17^th January - Regional Development Board Meeting in Council

Chambers

23^rd January - Conference Committee for the LGSA at Sydney -am

Meeting with Jim Atkins from Telstra at Port Macquarie

24^th January - Meeting with ratepayer

Meeting with the Crescent Head Ratepayers Association

Official opening of the House of Youth

26^th January - Australia Day Celebrations

30^th January - Flood Mitigation Conference Committee meeting

Meeting with representative from the RSL Club

Meeting with ratepayer

Meeting with representative from Weare – Wolfe

Clothing company

31^st January - “Turning of the First Sod” at the Aldavilla Correctional

Centre site.

5^th February - Community Safety Council Meeting

6^th February - Meeting with the Crescent Head ratepayers association

7^th February - New Councillors Seminar

8^th February - Naturalisation Ceremony

Financial Implication

There are no financial implications relating to this report.

Mayoral Recommendation:

That the information be noted.

2002. 79 RESOLVED: Moved: Cl. Sowter

Seconded: Cl. Joukhadar

That the Mayoral recommendation be adopted subject to the addition of the Mayor’s attendance at the LGSA in Sydney on 17^th January 2002 for discussion relating to the 2002 Shires Conference being noted.

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2002. 80 RESOLVED: Moved: Cl. Hunt

Seconded: Cl. Joukhadar

That DCCS 5 Kempsey Macleay RSL Club – Use of Road Reserve be considered in conjunction with Notice of Motion 1.

DCCS 5 KEMPSEY MACLEAY RSL CLUB – USE OF ROAD RESERVE AT CLUB PREMISES

FILE: LA20004 PJH {Folio No: 228882}

Resubmitted from Council Meeting - January 2002

SUMMARY:

Reporting on the need to formalise the use of the public road reserve land adjacent to the Kempsey Macleay RSL Club.

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In January 2001 Council received a letter from the Kempsey-Macleay RSL Club reporting that a lady had tripped on the paths within the front gardens of the Club near the Memorial Hall and in the letter requested that Council repair the footpath. A later separate request also came from the RSL Sub-Branch requesting Council take action in relation to a tree within the area that had dropped large branches.

The reasons behind the requests were that the land is Council owned as it is in fact public road reserve. A plan of the area concerned is attached at (Appendix C).

Background

A search into the use of this area was conducted as a result of the correspondence received. The land is part of a public road reserve and was provided to the Club for use more than 20 years ago. Unfortunately there appears to have been no formal agreement regarding the lease/use of the area which was probably based on correspondence. An agreement was found relating to the control and management of the Memorial Hall but makes no mention of the front garden area.

Therefore, while it can be argued that the Club has use of it, and should be responsible for the maintenance, Council is the owner and without any formal agreement would also have a duty of care in any claim.

It would appear that the Club has maintained this area for a long time with no involvement from Council.

Need to formalise responsibility for the area

In response to the matters raised by the Club, Council has advised them to arrange their groundsman to address the maintenance issues until the use of the area is formalised. In this regard the Club was given the following options to consider:-

1 seek to buy the land from Council at a price to be negotiated. This would involve a road closure process and eventual transfer of title to the Club.

2 lease the area from Council with lease conditions to be approved by Council and agreed to by the Club. Such conditions would clarify the maintenance of the area.

3 hand back the area to Council which would then determine its future use.

Club seeks to purchase the land

On 6^th December 2001 a letter was received from the Club seeking option one (1) and a copy of the letter is attached at (Appendix D).

If Council is in agreement with this proposal, the Kempsey-Macleay RSL Club should now be requested to make a formal application to purchase the road. When inviting them to submit the road closure application Council should indicate to them the payment it would require for the road. Council could determine such payment in three (3) ways being:-

a) that the purchase price be determined by the Valuer General (with the valuation fees to be paid by the Club); or

b) use the land value of the current RSL Club land as a valuation base. The current land value (valuation date 1/7/2000) of the existing RSL Club lands equates to $80.00 per square metre. The subject area is approximately 600 square metres. Alternatively Council may wish to nominate a lessor amount in this instance; or

c) invite the RSL Club to make an offer for Council’s consideration.

In the past options (b) or (c) have mainly been used as this saves the applicants at least $500.00 in valuation fees.

Once Council has decided how it wishes to determine a value on the land, the Club should be invited to submit an application for road closure and purchase. Once an application is received it will be advertised and submissions considered by Council before proceeding with the application.

Financial Implication

Council is paid an Administration fee of $330.00 to process any road closure. Council also receives any proceeds from sale of closed public roads however such funds must be spent on work on public roads or acquiring land for public roads. All costs associated with the road closure i.e. survey and legal costs are paid by the applicant.

Director Corporate and Community Services recommendation:

1 That the Kempsey-Macleay RSL Club be invited to make an application for road closure and purchase of part of the road reserve currently being used by them for gardens and pathways.

2 That the Kempsey-Macleay RSL Club be advised that Council will require payment for that part of the road reserve to be closed at the rate of $80.00 per square metre.

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NOTICE OF MOTION - 1

File No: LA20004 PJH {Folio No: 228847}

2002. 81 RESOLVED: Moved: Cl. Hunt

Seconded: Cl. Joukhadar

That the Kempsey-Macleay Sub Branch of the Returned and Services League of Australia and the Kempsey Macleay RSL Club be invited to enter into discussions with the Council regarding the transfer to the Sub Branch of the road reserve on which the Memorial Wall and the flagpole stand.

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NOTICE OF MOTION - 2

File No: P12-3 MAM {Folio No: 228848}

2002. 82 RESOLVED: Moved: Cl. Hunt

Seconded: Cl. Sproule

That Council acknowledge the contribution by Council staff in the planning and implementation of the recent Australia Day celebrations which have been acclaimed as a truly magnificent occasion.

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DELEGATE’S REPORT - 1

D 1 WORKSHOP ON CORRECTIONAL CENTRE ALDAVILLA

FILE: I2-15 Councillor Hunt (NRN)

{Folio No: 228849}

SUMMARY:

DPWS Workshop on the contract for construction and maintenance of Correctional Centre Aldavilla, held at KSC Chambers on 30^th and 31^st January 2002.

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Present were representatives from:

DPWS, DOCS, Architects, Security contractors, Joint Venturers – John Holland/Lahey, Quantity surveyors and Kempsey Shire Council – Councillors Hayes and Hunt.

The concept of C21 contracts was explained with the thrust of the contract being that duty of cooperation was written into the contract as per (Appendix A) .

The discussion on the various aspects of the contact produced positive comments and bodes well for the future. There will be many areas of potential conflict but, with the duty to cooperate being essential, the weekly onsite meetings and the desire to have the construction completed on time, should eliminate many problems normally associated with such works.

Councillors Hayes, Mainey and Hunt are members of the Community Consultative Committee and DPWS and DOCS have pledged to attend the monthly meetings of that Committee, and thus Council will be kept informed of the progress.

Mr Forster Raymond, the Regional Management North Coast of DPWS commented that the concept of C21 Contracts which placed cooperation as an integral part of the contract was at the heart of the Partnership between DPWS and KSC during the construction of the Steuart McIntyre Dam. He praised the work of Mr Keith Finnie and his staff for their positive attitude to the task.

2002. 83 RESOLVED: Moved: Cl. Hunt

Seconded: Cl. Sproule

That the information be noted.

D 2 MNCAHS INTEGRATED CHRONIC CARE STEERING COMMITTEE

FILE: H2-14 Councillor Hunt (NRN) {Folio No: 228850}

SUMMARY:

Attendance at MNCAHS Integrated Chronic Care Steering Committee on Friday 25^th January 2002.

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As chairman of the Macleay – Hastings Community Health Forum I was invited to participate in the above seminar which was held at Port Macquarie. The committee has the following responsibilities:-

· To provide advice to the Clinical Council on health needs and priorities in relation to chronic and complex care for the people with cardiac, cancer and respiratory related illness.

· To ensure that the models of chronic care management reflect current standards of evidence – based practice.

· To develop, implement and monitor a Chronic Care plan of project management.

· To provide recommendations for future management within the MNC area consistent with state and national approached to management.

· To plan the investment of funds across the Priority Health care programs.

· To facilitate effective communication and collaboration between participants.

· To facilitate consultation with consumers to ensure health care reforms meet the needs of local communities and target populations.

Management plans have been produced for the following:-

Heart failure

Palliative care

Asthma

Coronary artery disease

Copies of these plans are to be distributed through local GPs.

Date of next meeting – 24^th April 2002.

2002. 84 RESOLVED: Moved: Cl. Hunt

Seconded: Cl. Joukhadar

That the information be noted.

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DELEGATE’S REPORT - 2

D 1 REGIONAL HEALTH SERVICES PROGRAM

FILE: H2-14 Councillor Bowell {Folio No: 228851}

SUMMARY:

Reporting on progress with the development of an application for funding for primary health care services.

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Primary health care is focussed on keeping healthy people healthy, improving the health of the community and responding to individuals who need treatment and care.

It can also be seen as:

• maintaining health and preventing people from becoming ill, eg, local health promotion programs to reduce smoking, developing community understanding about domestic violence and improving safety on farms; and

• preventing people who have a chronic disease from getting complications or having to go to hospital, eg, check-ups by a podiatrist for people with diabetes to avoid the complications that may lead to having a foot amputated.

Twelve (12) forums have been conducted throughout the Mid North Coast area and at least forty health services have been identified as being desirable to meet the requirements of the community within towns and areas with a population of less than 5000.

The services included:-

• General Practitioners in an outreach situation that bulk bill.

• Family First particularly children’s services.

• Aged Care.

• Mental Health.

• Drugs and Alcohol.

• Podiatry.

• Pharmacy – Outreach.

At the Willawarrin forum resident General Practitioner from Bellbrook Dr Paul

Appleton referred to the nutritional deficiency amongst many upriver children due to the lack of intake of fruit and vegetables.

It was suggested that this was a matter which might be addressed as a community service to be provided by the inmates of the Mid North Coast Correctional Centre. Maybe a market garden could be established on the Upper Macleay.

In addition it was noted that whilst the Durri School Dental Mobile Unit serviced Bellbrook it did not stop over at Willawarrin. This is to be referred to the Durri Medical Service.

Although not specifically included within the Program, transport can be funded to a limited extent. This could be a problem with outlying areas of the Upper Macleay and could be considered by Council’s Community Services Department.

An interesting priority identified by the Urunga community was – more young family community support – establish a dial a granny or aunty or uncle program and a drop in centre for youth.

This is a matter of interest which could be considered by Council’s Community Services Committee. The proposed PCYC will be an ideal venue as a Youth Drop-in Centre.

Whereby the program does not provide specific funding for General Practitioners it does support the service delivery which General Practitioners can provide. The provision of such services in outreach situations is not very likely.

The submission for funding may well address this aspect of service delivery in the support of Nurse Practitioners.

The program is nearing the stage whereby an application will be submitted to the Commonwealth Government Department of Health and Aged Care for $500,000 recurrent funding, over four (4) years, for ongoing primary health care services.

Funding is also available for one off service planning projects in order to undertake community consultation and delivery of a service delivery proposal. An application is being prepared for consideration of funding to investigate the development of aged care facilities at South West Rocks and Council is recognised as an organisation that can apply for funding.

With Mental Health and Suicide Prevention being services that can be funded the attention of the Director of Corporate and Community Services has been drawn to the contacts available.

Delegate’s Recommendation:

1 That the Industries Section of the Correctional Services Department be requested to meet with Council and interested stakeholders to consider the provision of a market garden at the Mid North Coast Correctional Centre and/or on land within the Upper Macleay serviced by inmates to address the nutritional deficiency of children resident with the Upper Macleay.

2 That the Community Services Committee consider the introduction of a Dial a Granny/Aunty/Uncle program.

3 That Council offer support to the South West Rocks Aged Care Committee in the request for funding under the Regional Health Services Program for the preparation of a submission for the development of aged care facilities.

4 That the Department of Community and Corporate Services consider the availability of transport in conjunction with the provision of service delivery by health professionals throughout the Shire.

5 That Council in consultation with the Mid North Coast Area Health Service pursue the availability of funding to support a Suicide Prevention program for the whole of the community.

MOVED: Moved: Cl. Bowell

Seconded: Cl. Parkinson

The MOTION was PUT to the Meeting and was LOST.

MOVED: Moved: Cl. Bowell

Seconded: Cl. Parkinson

2 That the Community Services Committee consider the introduction of a Dial a Granny/Aunty/Uncle program.

An Amendment was MOVED: Moved: Cl. Joukhadar

Seconded: Cl. Sproule

That Council ask the Community Services Committee to investigate the introduction of a Dial a Granny/Aunty/Uncle program.

2002.85 The AMENDMENT was PUT to the MEETING and was CARRIED, became the MOTION and was CARRIED.

2002. 86 RESOLVED: Moved: Cl. Bowell

Seconded: Cl. Parkinson

3 That Council offer support , if requested, by the South West Rocks Aged Care Committee for the seeking of funding under the Regional Health Services Program for the preparation of a submission for the development of aged care facilities.

2002. 87 RESOLVED: Moved: Cl. Bowell

Seconded: Cl. Parkinson

4 That the Department of Community and Corporate Services consider, if requested , the promotion of the availability of transport in conjunction with the provision of service delivery by health professionals throughout the Shire.

MOVED: Moved: Cl. Bowell

Seconded: Cl. Parkinson

5 That Council in consultation with the Mid North Coast Area Health Service pursue the availability of funding to support a Suicide Prevention program for the whole of the community.

An Amendment was MOVED: Moved: Cl. Joukhadar

Seconded: Cl. Hunt

That Council contact the Mid North Coast Area Health Service asking for a report on the progress of the Suicide Prevention Program within the Macleay Valley.

2002.88 The AMENDMENT was PUT to the MEETING and was CARRIED, became the MOTION and was CARRIED.

Councillors Bowell and Parkinson recorded their vote against the foregoing Resolution.

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DELEGATE’S SUPPLEMENTARY REPORT

D 1 CONSUMER AND COMMUNITY HEALTH FORUM

FILE: H2-14 Councillor Bowell {Folio No: 228911}

SUMMARY:

Reporting on attendance at a meeting of the Committee at Port Macquarie on Wednesday 6^th February 2002.

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Councillor Terry Hunt (Chairman) and myself attended the meeting where it was resolved to invite the Chief Executive Officer Mr Terry Clout or his nominee to the next meeting which will be held in Kempsey on 6^th March 2002 to provide clarification of the Area Strategic Plan 2001-2005.

The Committee have requested that particular attention be directed to Section 5.2.2 Fairer Access – Re-invigorating District Hospital and Primary Care, and Section 5.2.3 Fairer Access to Mental Health Services.

Options arising from the current planning document and the consultation process include:-

• Clarifying the role and service configuration of District Hospitals.

• Expansion of mental health inpatient capacity.

The responses proposed by the Area Health Service include:-

• Maintain all District Hospitals.

• Determine the service configuration in each District Hospital with all to retain an enhanced surgical service appropriate to its surgical role in the AHS.

• Commission the Mental Health Units at Coffs Harbour and Taree.

• Establish an Area Wide Mental Health Service.

• Expand mental health services to provide comprehensive prevention (including suicide), early intervention, community care, inpatient services and rehabilitation throughout the Mid North Coast.

The first meeting of the Area Community Liaison Committee is scheduled to be held at Port Macquarie on Thursday 14^th February 2002 and Councillor Hunt and I will be representing the Macleay community .

A Value Management Study workshop will be conducted by the Area Health Service at Port Macquarie on Monday 4^th March 2002 and I have indicated my availability to attend.

At Council’s meeting on 9^th October 2001 it was resolved:-

“That the matter of representation on the Area Health Board be reviewed in January 2002.”

The Minister for Health is currently inviting applications from interested men and women in the community for appointment to the Mid North Coast Area Health Service Board.

NSW Health is establishing a Health Participation Council which is a Ministerial Advisory Committee. This Council provides a means by which consumers and the community can take part in, and influence, decisions made by NSW Health.

I have submitted an expression of interest.

2002. 89 RESOLVED: Moved: Cl. Bowell

Seconded: Cl. Joukhadar

1 That the information be noted.

2 That Council reaffirm its representations to the Minister for Health that a resident of Kempsey Shire be appointed to the Mid North Coast Area Health Service Board.

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At this stage 10.32 a.m. the Meeting adjourned for Morning Tea and upon resumption at 11.00 a.m. all present at the adjournment were in attendance.

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2002. 90 RESOLVED: Moved: Cl. Sowter

Seconded: Cl. Sproule

That Standing Orders be suspended to allow discussion of report DE 2 Toorooka Bridge.

DE 2 TOOROOKA BRIDGE

FILE: B6-2 APV (NRN) {Folio No: 228872}

SUMMARY:

Reporting on the proposal to raise the bridge over the Macleay River at Toorooka.

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Council has previously resolved to raise the bridge across the Macleay River at Toorooka on its current alignment. The following funds have been provided for this project: $250,000 from loan funds,

$196,178 from Bridge Construction Reserve and

$100,000 from Roads to Recovery Program.

A feasibility study was undertaken to determine the possible re-use of the existing sub-structure in an upgraded bridge in which a structural assessment of the existing concrete piers was undertaken. The overturning stability of the existing piers against the effect of stream flow, debris loading and log impact was found to be unsatisfactory. An adequate anchorage system connecting the piers to bedrock would be difficult to achieve practically. An adequate connection between the existing pier walls and the necessary extension would also present difficulties. The study recommended that the existing piers and allotments not be incorporated in an upgraded bridge structure.

Bridge Options

An investigation was then undertaken to determine the various options –

· Option A – Raised low-level bridge adjacent to existing bridge

· Option B – Raised low-level bridge on an improved road alignment.

· Option C – High-level bridge on an improved alignment.

· Option D – Raised low-level bridge over existing bridge.

The raised low-level bridge options (A, B, D) comprise new bridges with deck levels 1500mm higher than the existing bridge deck. All low-level bridge options comprise a ‘modular’ deck as the superstructure and a substructure consisting of twin 900mm diameter piles, extending as columns above riverbed level. A precast concrete headstock connects the two columns and supports the bridge deck units. These bridges are assumed to be 96 metres in length (8 spans at 12m per span). They have castellated kerbs and are without traffic barriers.

The high-level bridge option (C) is a bridge having a clearance above the 100-year flood event (approximately 15 metres above the deck of the existing bridge). The high-level bridge option comprises spans of precast prestressed concrete girders with a composite concrete deck slab. The piers consist of a blade column topped with a tapered headstock. The column is located on a pile cap, supported by a group of bored piles. This bridge is assumed to be 200 metres in length (8 spans at 25m per span). This bridge has a steel traffic barrier railing system for safety purposes as the railing does not pose a regular trap for flood debris.

A plan showing all bridge crossing options is included at (Appendix B)

Option A

This option comprises a new bridge adjacent to the existing structure, on the downstream side. Approximately 70 metres of new roadwork, including embankment, will be required at the eastern approach. At the western abutment an earth embankment will raise the existing road, as the proposed bridge will be 1500mm higher than the existing structure. As part of the eastern approach work, box culvert units will replace the existing concrete causeway. The existing bridge could be utilised most of the time for access during construction.

Option B

This option comprises a new bridge located approximately 80 metres downstream of the existing bridge. This bridge necessitates new road and embankment work at both approaches to the bridge. At the western approach approximately 35 metres is required and at the eastern approach approximately 100 metres of new roadwork is required. The proposed road alignment represents a significant improvement to the existing alignment as it eliminates the ‘dog leg’ at the existing bridge. The gully/creek does not require to be crossed for this option. The existing bridge could be utilised for access during construction

Option C

This option comprises a new bridge located approximately 80 metres downstream of the existing bridge. The alignment is essentially similar to Option B above except that this bridge is approximately 17 metres higher than the existing bridge level (that is, 15m flood height + assumed superstructure depth and freeboard of 2m) and is 200 metres in length. As such, bridge spans are longer for economy and piers are more substantial to carry the higher load. The extent of approach road embankments is also significantly larger than Option B. The existing bridge could be utilised for access during construction

Option D

This option comprises a new raised low-level bridge to be located on the same alignment as the existing bridge. As the bridge will be 1500mm higher than the existing bridge deck building up of the approaches will be required. As part of the eastern approach work, box culvert units will replace the existing concrete causeway. No access across the river at this location will be possible during construction

Costs

Indicative costs of the four bridge upgrading options (A, B, C and D) are shown in Table 1 below. The costs include contingencies and overheads and are GST exclusive. Demolition of the existing bridge is not included. It is assumed that fill material for new approach embankments will be obtained locally.

Table 1 - Preliminary Costs of Crossing Options

Item	Option A	Option B	Option C	Option D
Bridge Structure	$518,400	$518,400	$1,530,000	$504,932
Bridge barriers	N/A	N/A	$62,400	N/A
Approach guardrailing	N/A	N/A	$28,000	N/A
Approach roadworks	$33,550	$42,890	$3,191,000	$23,380
Culvert structure	$42,000	N/A	N/A	$42,000
TOTAL	$593,950	$561,290	$4,811,400	$570,312

The costs are preliminary only, however, they provide an indicative ranking of all feasible bridge crossing options.

It is recommended that Council proceed with Option B, ie. a raised low-level bridge on improved alignment, at an estimated cost of $562,000. An additional amount of approximately $90,000 will be required for the demolition of the existing bridge and the bitumen sealing of the road to Warbro Brook Road on the western side and back to the existing bitumen seal west of Factory Road on the eastern side. The additional funds for these works have been provided for in the proposed projects for the 2002 Roads to Recovery Program.

The existing road on the approach to the existing bridge is not within the road reserve. Regardless of which location is selected for the new bridge, Council will need to enter into negotiations with the adjoining landowner to negotiate the acquisition of the road reserve.

Financial Implication

The financial implication of the following recommendation is the utilisation of existing funds and that $100,000 be provided from the 2002/03 Roads to Recovery Program for the construction of Toorooka Road.

2002. 91 RESOLVED: Moved: Cl. Sowter

Seconded: Cl. Bowell

That a new low-level bridge across the Macleay River at Toorooka be constructed approximately 80 metres downstream of the existing bridge and with a deck level 1500mm higher than the existing bridge.

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DIRECTOR ENVIRONMENTAL SERVICES REPORT

DES 1 LOCAL DEVELOPMENT APPLICATION FOR DWELLING

LOT 40 DP 752431, SECTION 94 ROAD UPGRADING CONTRIBUTION

FILE T6-01-164 AJC {Folio No: 228854}

This Report was dealt with earlier in the meeting just after Public Forum.

DES 2 PROPOSED TWO STOREY DWELLING SOUTH WEST ROCKS

FILE T6-01-525 DJW {Folio No: 228855}

This Report was dealt with earlier in the meeting just after Public Forum.

DES 3 PROPOSED COMMUNITY TITLE SUBDIVISION – HAT HEAD

FILE T6-01-169 RBP {Folio No: 228857}

This Report was dealt with earlier in the meeting just after Public Forum.

DES 4 PROPOSED GRAVEL QUARRY FREDERICKTON

FILE T6-01-339 RBP {Folio No: 228858}

SUMMARY:

Reporting that Council has received an application to establish a gravel quarry at Frederickton for which objections have been received.

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Applicant: D Julian

Owner: A Saul

Subject land: Lot 31 DP 833192, via Raymonds Lane,

Frederickton

Zone: 1(a3) Rural Agricultural Protection

Description of Proposal

The proposal is to establish a gravel quarry providing for an annual production of up to 30,000 cubic metres, covering an area of approximately 3 hectares.

The operation involves the removal of gravel utilizing a bulldozer, excavator and front end loader for transportation by haulage trucks off site via Raymonds Lane and Quarry Road.

Heads of Consideration:

The Provisions of Any Environmental Planning Instrument

Kempsey Local Environmental Plan 1987 (KLEP 1987)

The subject land is zoned 1(a3) Rural (Agricultural Protection) under KLEP 1987. The proposal is defined as “extractive industry” and is permissible with consent. Clause 9 provides Council shall not consent to the proposal if it is of the opinion that the proposal is contrary to the zone objectives. The objectives of the zone are:-

a predominantly to provide for agricultural uses;

b to preserve the visual amenity of the land;

c to provide for compatible tourist and industrial uses.

The proposal is considered to be consistent with the zone objectives as the land has minimal agricultural potential as confirmed by NSW Agriculture. Further, the proposed quarry will not be visible from any adjoining residences or public places.

North Coast Regional Environmental Plan 1988

The proposal is considered to be consistent with Clause 12 as the land is of poor agricultural quality and, provided adequate controls are imposed relating to the control of dust, no significant impact on any adjoining agricultural uses is likely. (See Dust)

Clause 18 prevents Council from approving the development unless conditions are imposed requiring site rehabilitation after extraction (see Method of Extraction/Rehabilitation).

Schedule 3 – Environmental Planning and Assessment Regulation 1994

The proposal is “designated development” under Schedule 3 as it is proposed to disturb a total surface area of more than two hectares and the quarry is located within 500 metres of another extractive industry which is currently being operated. Accordingly, the application is accompanied by an Environmental Impact Statement prepared in accordance with the Regulation.

State Environmental Planning Policy No 11 – Traffic Generating Developments (SEPP 11)

In accordance with SEPP 11, the proposal was referred to the Regional Traffic Committee for comment. The Committee raises no objection in principle to the development, subject to the following requirements:-

1 The intersection of Raymonds Land and Quarry Road is to be improved to provide safe sight distances and turning paths for vehicles accessing the quarry site.

2 That Council considers a maintenance contribution for the haul of material on local roads.

Conditions incorporating the Committee’s requirements should be imposed (see Access/Traffic).

State Environmental Planning Policy No 44 – Koala Habitat Protection (SEPP 44)

SEPP 44 requires Council to ensure that the proposal will not have an adverse impact on the conservation and management of native vegetation that provides habitat for koalas. The policy requires “potential koala habitat” to be identified and, whether that habitat is “core koala habitat” as defined under the policy.

The assessment carried out indicates that the subject land does not constitute potential koala habitat within the meaning of the policy as only six (6) potential koala feed trees exist in the upper canopy or lower strata on site, which is far less than the 15% required to meet the definition.

It should also be noted that it is intended to retain an area of forest adjacent to the northern boundary of the site required for noise attenuation reasons.

Noise Impacts

The proposal has the potential to adversely impact on the amenity of adjoining residences due to the effect of noise associated with extraction and haulage activities.

The noise assessment carried out indicates that no crushing or screening is proposed to be carried out on-site and therefore has not been assessed. It is understood that the nature of the gravel resource is such that crushing and screening may not be necessary.

However, it is noted from experience with adjoining quarries that periodic blasting has been required due to variations in rock hardness. Having regard to the proximity of adjoining dwellings (i.e. within 200 metres) and the fact that crushing is not proposed to be undertaken, it is considered reasonable not to allow any blasting activities as any material won by such means could not be crushed on site in any event.

In the event the operation of the quarry requires crushing and screening, Council could consider a separate application to include such activities which would require assessment of the associated impacts on adjoining dwellings and conditions should be imposed accordingly.

The noise impact assessment contained with the EIS, indicates that in order to comply with the Environment Protection Authority “Industrial Noise Policy” criteria, the haul road on the unformed section of Raymonds Lane will need to be maintained to a standard free of potholes and bumps. It is considered that such a requirement may be impractical to achieve in the longer term and it is considered reasonable to include a contingency requiring bitumen sealing of part of the haul road where monitoring indicates non compliance with EPA criteria.

Although the acoustic consultant believes that proposed noise barriers will achieve the relevant EPA criteria, in the event ongoing monitoring indicates non-compliance and additional amelioration measures are inappropriate or impractical, the operator should be required to acquire the affected properties at pre-development values as determined by an independent valuer appointed by Council, at the operator’s cost. Such an approach is consistent with previous decisions of the Land and Environment Court.

Having regard to the proximity of adjoining residences, the proponent proposes to restrict activities to between 7.00 am and 6.00 pm Monday to Friday and 7.00 am to noon Saturdays, which should be incorporated in conditions of consent.

Dust

The proposed quarry has the potential to adversely impact on at least three (3) adjoining dwellings by means of dust from both quarry activities and the use of the proposed haul roads. It is considered reasonable to impose conditions requiring that the relevant EPA dust criteria be met and that suitable means, including the use of a water cart be employed to control dust. Placement of dust monitors to ensure relevant health standards are met and to protect water supplies of adjoining residences, should also be required.

As in the case of noise, where the use of the haul road results in non compliance with dust criteria at the dwelling adjoining Raymonds Lane, a contingency should be included to provide for bitumen sealing to the extent necessary to ensure compliance. If required ameliorative measures prove to be impractical or uneconomical, acquisition of affected properties should be required as discussed above.

Water Quality

In order to prevent possible contamination of groundwater due to fuel spills, a condition should be imposed requiring storage of any fuel within a bunded area in compliance with the relevant Australian Standard.

The proposal also has the potential to adversely impact on the quality of surface water discharging from the site. In order to prevent such impacts, it will be necessary to require construction of a suitable sediment control facility designed to meet EPA requirements and conditions should be imposed accordingly.

Impact on Threatened Species

The assessment provided in the EIS indicates that the site does not provide suitable habitat for any threatened species and no such species were detected during surveys of the site.

In order to minimise potential risks it is proposed to rehabilitate the site using naturally occurring species, which should be incorporated in any consent. In addition, satisfactory measures should be employed to protect a stand of vegetation adjacent to the northern boundary required for noise amelioration.

Access/Traffic

Access is proposed to be gained from Quarry Road via an unformed section of Raymond’s Lane which is a dedicated public road. There are currently no other beneficiaries of the access. Having regard to Council’s responsibility for its ongoing maintenance (and associated liability), it is considered reasonable to require the owner of the land to enter into a suitable Deed of Agreement to be registered as a covenant on the title of the land in a form which binds all successive owners, to be responsible for the maintenance of the road to the prescribed standard, whilst ever a quarry is operated on the site.

The quarry also has the potential to impact on the pavement life of Council’s road system from the intersection of Raymond’s Lane and Quarry Road to the Pacific Highway. Having regard to the fact that there are a number of quarry operators in the area which utilise the same road network, it is considered appropriate that Council require a contribution towards the upgrading and maintenance of Council’s road system proportionate to the intended level of extraction.

At this stage the contribution has not been determined, however, in accordance with previous Council decisions, the rate should be capped at $1.00 per cubic metre, thence indexed annually.

In addition, it is considered reasonable to limit any consent to 25 years being Council’s standard pavement life for minor rural roads. In the event the quarry operates beyond 25 years, a fresh application would be required and additional contributions would be payable.

Method of Extraction/Rehabilitation

Having regard for the proposed means of extraction, and consistent with other quarry approvals, it is considered reasonable to require the preparation of a staged extraction program, whereby clearing and extraction activities would be restricted to a maximum of two (2) hectare cells at any time with progressive rehabilitation of each cell as the quarry progresses. Conditions should also require that fresh cells should not be cleared until such time as the operator has satisfied Council that all relevant conditions have been met.

Such an approach would have the effect of minimising environmental impacts by placing the onus on the operator to ensure continued compliance with environmental controls and limit disturbance to only those areas required for extraction at any given time.

Plan of Management

Consistent with other approvals for quarries within the Shire, all relevant conditions and proposed operational and environmental controls should be incorporated in a single Plan of Management which could be varied over time depending on altering circumstances. Such a plan should include requirements for ongoing monitoring of environmental standards and for submission of environmental audits on an annual basis certifying compliance.

Public Exhibition

The proposal was advertised in accordance with the requirements of the Environmental Planning and Assessment Act with fifteen (15) private submissions having been received and seven (7) submissions from government departments.

Government Department Submissions (Appendix ‘g’

Roads and Traffic Authority (Regional Development Advisory Committee)

(See SEPP 11)

NSW National Parks and Wildlife Service

The NPWS were critical of the flora and fauna assessment, outlining deficiencies and requesting additional information.

The additional information was submitted in December 2001 which, it is considered, addresses the services concerned.

The Service also indicated that the EIS does not include any evidence of correspondence with the local Aboriginal community to determine any potential impacts on Aboriginal artefacts.

The applicant has indicated that contact has been made with the Kempsey Local Aboriginal Land Council to arrange for an appropriate site visit, however, no response has been received. The EIS indicates that the site does not contain any sites of Aboriginal significance identified on the NPWS Aboriginal Sites Register, as confirmed by the Service. It should be noted that under the National Parks and Wildlife Act 1974, all Aboriginal sites are protected and that it is an offence to damage or destroy without the prior permission of the NPWS, which should be included in an appropriate advice to the applicant.

Department of Urban Affairs and Planning (now planningNSW)

The Department have considered the submissions received and advise that Council should consider the issues of road condition and safety; amenity impacts (particularly related to noise, dust and blasting); flora and fauna impact; visual impact; relevant EPA technical guidelines; measures to protect groundwater and surface water quality; and geological and extraction issues outlined by the Department of Mineral Resources.

Department of Land and Water Conservation

The Department recommends preparation of a site management plan to be endorsed by the Department prior to commencement of activities on site. As discussed, such a plan should be required by conditions of consent, however, endorsement by the Department is not considered to be necessary and there is no statutory requirement for such. The Department also requests information to be provided outlining measures proposed to protect groundwater from contamination due to refuelling. A requirement to comply with the relevant standard will address the concerns raised.

NSW Environmental Protection Authority (EPA)

The EPA notes that as the proposal does not require a licence by the EPA, that it is up to Council to assess the proposal against relevant EPA guidelines relating to noise and run-off control.

Department of Mineral Resources

The Department notes a general lack of information relating to the geology of the site; potential resource estimates and how the operation will impact on other existing quarries.

Council is aware of the nature of the resource, having regard to the close proximity of adjoining quarries. Conditions are proposed in relation to the method of extraction and limiting the period of extraction to not more than 25 years and the annual maximum extraction rate, thereby limiting extraction to not more than 750,000 cubic metres. The Department of Mineral Resources is also responsible to administer occupational health and safety laws relevant to the site.

NSW Agriculture

The Department concurs that the land is constrained for agricultural use and that the development is unlikely to significantly affect agricultural production. The Department notes the need to control dust so as to minimise potential impacts on adjoining agricultural uses. The Department also notes the need to control surface and sub-surface runoff, so as not to impact on any adjoining agricultural uses.

Conditions are proposed which address NSW Agricultures concerns.

Private Submissions (Appendix ‘h’

The private points of objection may be summarised as follows:-

Objection Planning Comment

1	Road must be tarred to the intersection of Quarry Road and Raymonds Lane. Some objectors feel that bitumen should be extended to the quarry.	1	The required contribution will be based on upgrading the road to bitumen sealed standard. However, it is considered unfair to burden the subject quarry with the full cost of the works as other quarry operators (including Council) use the road.
2	Quarry Road needs to be widened.	2	Parts of Quarry Road need widening which should be factored into the required contribution.
3	New quarry not justified while others remain closed due to red tape.	3	Other quarries in the area have limited resources given existing use rights limits and Eversons Quarry is all but depleted which it is considered, increases the need for an additional resource.
4	Noise and dust would affect development potential of adjoining land.	4	Council may be aware through its involvement with the North Coast Extractive Industries Council of the need to protect extractive resources in order to facilitate the future development of the Region. The current rural zoning seeks to give preference to the development of rural resources over residential development which has the potential to sterilise such resources. Approval of the quarry may well prevent future adjoining residences.
5	Run-off water could impact on adjoining property.	5	(See Water Quality)
6	Noise will affect residences located only 200 metres from the quarry.	6	Although the applicant’s consultant is confident that noise criteria will be met, Council should endeavour to protect the interests of three adjoining owners most affected by requiring monitoring to ensure compliance in the first instance; a contingency to require additional ameliorative measures if monitoring indicates non-compliance and a requirement to acquire adjoining properties if the constraints on the operation of the quarry make acquisition a viable alternative.
7	Possible contamination of water supplies of adjoining residences not addressed.	7	The requirement for dust monitors and limits on extraction areas is likely to ensure compliance with relevant standards. In the event continued non-compliance occurs and additional ameliorative measures are considered by Council to be unsuitable or impractical, a contingency requiring acquisition should be provided.
8	Quarry will devalue adjoining properties.	8	Provided relevant environmental criteria are met, there is no evidence to support such a claim. However, if measures required to meet relevant criteria ultimately prove to be impractical, any requirement to acquire adjoining properties should be on the basis that the properties were unaffected by the development, thereby preserving their value.
9	Blasting will result in damage from flying debris, noise and vibration. Details not provided in EIS.	9	Given that no screening or crushing is proposed and no assessment of blasting provided, it is considered reasonable not to permit any blasting. In the event an outcrop of hard rock is encountered, separate application should be made and the appropriate assessments carried out.
10	Insufficient residents notified.	10	57 neighbouring owners were notified, signs erected and an advertisement placed in the Macleay Argus in accordance with the EPA Regulation 2000.
11	Implementation of noise control measures not specified.	11	Conditions requiring such should be imposed on any consent.
12	Dirt roads deteriorate, thereby resulting in a significant noise impact.	12	(See Noise)

Director Environmental Services Recommendation:

A That consent be granted subject to the following conditions:-

1 The development referred to in this application is to be carried out substantially in accordance with the approved Environmental Impact Statement prepared by L. K. Dwyer dated 6 August 2001 and accompanying information of December 2001, except as modified by any conditions of this consent.

2 The amount of material extracted and transported is not to exceed 30,000 cubic metres per annum.

3 This consent permits the extraction of material from the quarry for a period of 25 years from the nominated date of consent. Separate consent will be required to operate the quarry beyond the specified period.

4 This consent does not permit any crushing, screening or blasting activities. Separate consent shall be obtained if it is intended to carry out such activities.

5 Submission of written advice of the nominated date on which it is intended to commence operations following compliance with all relevant conditions of this consent.

6 Submission of a Plan of Management which may vary from time to time depending on the results of monitoring prior to commencement of any works, to include of the following:-

A MONITORING

The Plan of Management is to provide for monitoring in accordance with the following program to ensure compliance with all criteria prescribed by relevant conditions of this consent. The results of such monitoring shall form the basis of required performance criteria and are to be reported to Council as specified by this consent.

a Noise

(i) Details of the proposed means of monitoring the effects of operational and traffic noise on adjoining residences are to be included.

(ii) Monitoring is to be carried out by a suitably qualified acoustic consultant. The results of monitoring are to be reported to Council within three (3) months from the nominated date of commencement, except as requested by Kempsey Shire Council following receipt of any complaints which, in the opinion of Council, are justified.

b Dust

(i) The Plan of Management is to include the means proposed to monitor the effects of dust on adjoining residences so as to ensure that dust levels meet the criteria prescribed by relevant conditions of this consent.

(ii) The plan is to provide for placement of sufficient dust monitors on the subject land and adjoining allotments which contain dwellings (with the consent of owners).

iii) Monitoring is to be carried out by a suitably qualified environmental consultant. The results of monitoring are to be submitted to Council on a quarterly basis for the first twelve (12) months from the nominated date of commencement and thereafter immediately following the anniversary of the nominated date of commencement.

c Water Quality

i) Details of the means of monitoring the quality of water at the point of discharge from the required sediment control pond.

ii) Monitoring shall be carried out in accordance with the relevant Australian Standard by a suitably qualified person. The results of monitoring shall be submitted to Council on a quarterly basis for the first twelve (12) months from the nominated date of commencement and thereafter immediately following the anniversary of the nominated ate of commencement.

B SEDIMENT CONTROL

a Details providing for the construction of a sediment control pond to be designed to collect runoff from all extraction and rehabilitated areas suitable to cater for the 1 in 10 year storm event identified by “Australian Rainfall and Runoff” and in accordance with “Managing Urban Stormwater 1998”.

b No extraction or clearing, except required for constructing and maintaining the required sediment control pond, shall occur within fifty (50) metres of the gully located to the south of the approved extraction area.

c Discharge from the pond is not to exceed 30 mg/L of non-filterable residue.

d The Plan is to provide details of the means proposed for de-silting the required settlement pond.

C LANDSCAPING/REHABILITATION

a Details of the means of stabilising proposed topsoil stockpiles.

b A detailed contingency for controlling the emergence of weed species.

c Details of the means proposed to propagate species proposed to be replanted.

D BUSHFIRE MANAGEMENT

The Plan of Management is to incorporate a Bushfire Management Strategy prepared in consultation with Council’s Fire Control Officer.

E METHOD OF EXTRACTION

a The Plan of Management is to provide for a staged clearing and extraction program within clearly defined extraction cells and incorporating the following:-

i) Such extraction cells shall be not larger than 0.5 hectares.

ii) Not more than two (2) cells shall be utilised for extraction and loading activities at any one time.

iii) Each 0.5 hectare cell shall be progressively rehabilitated as the quarry progresses.

iv) The Plan of Management is to specify proposed extraction levels to Australian Height Datum.

v) The Plan of Management is to provide for a check survey to be carried out upon completion of extraction within each cell confirming compliance with design levels.

vi) Clearing and extraction activities shall be restricted to within staged extraction cells as specified by this consent and shall not commence within each successive extraction cell until such time as Kempsey Shire Council has provided its written advice that all relevant performance criteria have been met.

vii) The extraction program shall be consistent with all recommendations of the Noise Impact Statement contained within the approved EIS.

b The extraction cells are to be clearly marked with prominent stakes at all times.

c The area nominated for exclusion from quarrying activities shall be fenced and maintained in accordance with any requirements of the required Bushfire Management Strategy.

F CHECK LIST

The Plan of Management is to contain a check list including all management procedures and conditions of this consent to be included in required reporting.

G ENVIRONMENTAL AUDIT

An Environmental Audit Report prepared by a suitably qualified person shall be submitted to Council on the anniversary of the nominated date of commencement certifying that the quarry meets all relevant requirements of the Plan of Management and conditions of this consent.

7 The operator is to employ such measures as are necessary to achieve noise criteria at any adjoining residence not associated with the operation of the quarry in compliance with the New South Wales Industrial Noise Policy. Such measures shall include, but not necessarily be limited to, all recommendations of the Noise Impact Statement contained within the approved Environmental Impact Statement.

In the event monitoring indicates non-compliance with any relevant noise criteria, all quarrying activities are to cease and are not to recommence until such time as a revised Noise Impact Assessment has been provided to Council incorporating additional measures to ensure compliance and the carrying out of such measures.

8 Submission of detailed plans for required noise attenuation barriers indicating their height, location and method of construction prior to commencement of any works. Such plans are to be duly endorsed by a suitably qualified acoustic consultant as satisfying the requirements of the Noise Impact Statement contained within the approved Environmental Impact Statement.

9 The hours of operation of all activities are to be restricted to between 7.00 am and 6.00 pm Monday to Friday and 7.00 am to 12 noon Saturday.

10 The operator is to employ such measures as are necessary to achieve the following criteria in respect to dust generated by the proposed development:-

a The maximum annual atmospheric particulate concentration level is not to exceed 90 micrograms per cubic metre (annual average).

b The annual average deposition of dust at adjoining residences is not to exceed 2 grams per metre squared per month above existing levels as determined by any required monitoring.

In the event monitoring indicates non-compliance with any relevant dust criteria, all quarrying activities are to cease and are not to recommence until such time as a revised assessment has been provided to Council incorporating additional measures to ensure compliance and the carrying out of such measures.

11 The haul road from the quarry site to Quarry Road is to be constructed to gravel paved standard and maintained free of potholes at all times. All works are to be carried out in accordance with plans submitted to Council in accordance with condition 17 of this consent prior to commencement of extraction activities.

In the event required monitoring indicates non-compliance with relevant traffic noise or dust criteria, all quarrying activities are to cease and are not to recommence until detailed plans are submitted providing for bitumen sealing of that part of the haul road necessary to comply as determined by suitably qualified acoustic and environmental consultants, such works are carried out and further monitoring confirms compliance.

12 a) In the event required ongoing monitoring detects continued non-compliance with relevant noise and dust criteria and Council is of the opinion that additional ameliorative measures are unsuitable or impractical, the Applicant (or any person entitled to act on this consent) shall, upon receipt of a written request from the owners of Lot 2 DP 529242; Lot 282 DP 525008 or Lot 281 DP 525008 to purchase such properties:-

i) pay not less than market value having regard to the use of the land immediately prior to the date of this consent as if it were unaffected by the proposed development;

ii) pay reasonable compensation for the cost of disturbance and relocation; and

iii) pay reasonable costs, if any, of the existing owner in respect of expenses for legal advice, representation and expert witnesses in determining the value of the property and the terms of acquisition.

b) Where agreement between the Applicant (or any person entitled to act on this consent) and the owners of Lot 2 DP 529242; Lot 282 DP 525008 or Lot 281 DP 525008 cannot be reached within six (6) months of the date of the Applicant having received a request to purchase:-

i) either party may refer the matter to Kempsey Shire Council who shall arrange for an independent Registered Valuer to determine the value of Lot 2 DP 529242; Lot 282 DP 525008 or Lot 281 DP 525008 855616 as if the land was not affected by the proposed development, including reasonable costs and compensation referred to above.

ii) the Applicant shall bear the costs of the valuation arranged by Council.

iii) the Applicant shall offer to purchase the property at a price of not less than the said valuation.

(iv) If the Applicant’s offer has not been accepted by the owner of Lot 2 DP 529242; Lot 282 DP 525008 or Lot 281 DP 525008 within six (6) months of receipt of such offer, the Applicants’ obligations under this condition shall cease.

13 A truck speed limit of 30 km/h shall apply along the full length of the access road from the quarry site to Quarry Road. In this regard it will be necessary to erect suitable truck speed limit signs along the haul route. Details of signage are to be provided to Council and the signs are to be erected prior to commencement of extraction activities.

14 A water tanker or trailer is to be provided and the access road and manoeuvring areas are to be kept damp at all times, so as to minimise potential for dust.

15 Submission of detailed plans for the storage of fuel in strict compliance with Australian Standard 1940-1993 and construction of such storage in accordance with the plans prior to commencement of any work.

16 From the nominated date of commencement of the quarry, the operator shall pay a cash contribution to Council at the rate of $* (to be determined) per cubic metre of material extracted and transported from the land towards the upgrading and maintenance of Council’s road system with the following provisions to apply:-

a Submission of a return to Council relating to the amount of material in cubic metres extracted and transported from the land within a period of twelve (12) months from the nominated date of extraction and thereafter within each twelve (12) month period, expiring on the anniversary of the nominated date of commencement. Such return is to be submitted within fourteen days of the anniversary of the nominated date of commencement in each year and is to be in the form of a Statutory Declaration given by the owner or operator (or if the owner or operator is a Corporation, by a Director of that Corporation) and is to include:-

(i) Copies of all invoices and Company records relating to the amount extracted.

(ii) A detailed topographic survey by a registered surveyor indicating surface levels of the extraction areas immediately prior to the anniversary of the date of commencement each year, including a calculation of the amount extracted in the preceding twelve (12) months. Such calculation is to be made by suitably qualified engineer or surveyor.

b Payment of the contribution is to be made within thirty (30) days of Council’s written notification of the amount of the contribution payable following submission of the required returns. Any payments received after the specified periods shall accrue interest at a daily rate equivalent to 10% per annum.

c The contribution rate shall be subject to indexation in accordance with the “Price Index of Materials Used in Building Other Than House Building”, as published by the Australian Bureau of Statistics or other approved system of indexation as may be adopted by Council from time to time.

d Council shall have the right to request and inspect all relevant records at any time, subject to prior written notice being provided by Council.

This condition has been imposed in accordance with Council’s Section 94 Rural Roads Developer Contribution Plan 1999. The Plan may be inspected at Council’s offices, corner Elbow and Tozer Streets, West Kempsey.

17 Detailed engineering plans providing for construction of the haul road from the intersection of Raymonds Lane and Quarry Road to the quarry site are to be prepared in consultation with Council. Such plans are to indicate pavement depths and drainage structures having regard to intended loadings with all works to be carried out in accordance with such plans, as endorsed by Council, prior to commencement of extraction activities.

18 The owner of the subject land is to enter into a Deed of Agreement with Council to maintain the haul road from the quarry site to the intersection of Raymonds Land and Quarry Road. Such Agreement to be registered as a suitable covenant on the title of the subject land in a form which binds successive owners to the Agreement whilst ever the quarry operates on the land.

19 Submission of detailed plans and specifications providing for a workers toilet in accordance with the requirements of the Building Code of Australia. In this regard, it will be necessary to obtain a Construction Certificate. The required toilet is to be constructed prior to commencement of extraction activities.

20 All works for the required toilet are to be carried out in accordance with the Building Code of Australia.

21 Submission of an application(s) to Council pursuant to Section 68 of the Local Government Act 1993 for the following, prior to the issue of a Construction Certificate:-

a Installing, constructing or altering a waste treatment device or a human waste storage facility or a drain connected to any such device or facility.

22 The following inspections are required to be made and a minimum of 48 hours notice is necessary where requesting an inspection. Appointments will be made in accordance with the inspection program for the area. Where inspections are carried out by an accredited certifier other than Council, compliance certificates will be required following each inspection and forwarded immediately to The Principal Certifier.

Inspections required:

(b) footings in position and prior to the pouring of concrete;

(c) all steel reinforcement prior to the pouring of concrete.

23 A sign is to be provided in a prominent and visible position (on the building or fence) stating “Unauthorised entry to the site is not permitted”, together with the name of the person responsible for the site and a contact number outside working hours.

24 A suitable temporary chemical toilet is to be provided onsite until such time as the required workers toilet has been constructed.

25 It is the applicant’s responsibility to en sure that the requirements of the National Parks and Wildlife Act, 1974 and any other relevant statutory requirements are met.

B That the rate of the contribution required by Condition 16 be determined under the delegated authority of the General Manager.

C That the objectors be advised of Council’s decision.

2002. 92 RESOLVED: Moved: Cl. Hunt

Seconded: Cl. Joukhadar

That the application be refused for the reasons that:-

1 That noise will impact on the amenity of residents in the area.

2 That there could be possible contamination of the water supply of the residents.

3 That there is a lack of suitable access to and from the quarry.

Councillor Sowter gave Notice of Rescission in regard to the foregoing resolution.

DES 5 MODIFIED CONSENT – TOURIST DIRECTIONAL SIGN, CLYBUCCA

FILE T6-00-552 RBP {Folio No: 228861}

SUMMARY:

Reporting that Council has received an application to modify conditions of consent relating to a tourist directional sign at Clybucca.

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Applicant: Sports and Outdoor Media Pty Ltd

Owner: R Davies

Subject land: Lot 103 DP 752409, 2480 Pacific Highway, Clybucca

Description of Proposal

The proposal is to amend conditions of consent relating to a tourist directional sign at Clybucca to permit the display of RTA Safety/Community messages.

Background

At its meeting of 21^st November 2000, Council resolved to approve a tourist directional sign on the subject land. Council agreed to vary the provisions of DCP 25 – Advertising Signs in Kempsey Shire to permit a 12.6 metre x 3.35 metre sign where DCP limits such signs to 6 metres x 3 metres, on the basis that one sign was dedicated for the promotion of Kempsey Shire as a tourist destination and the other side restricted to ‘tourist directional purposes’.

At its meeting of 11^th December 2000, Council resolved to defer any action relating to the unauthorised display of RTA messages.

Following the use of the reverse side of the sign for a number of non-tourist directional purposes, Council at its meeting of 11^th December 2001, resolved:-

“That the Macleay Valley Economic Development Trust and Sports and Outdoor Advertising be advised that unless all unauthorised advertising is removed within fourteen (14) days or if the approved advertising structure is used for such purposes at any time in the future, that Council will commence action in the Land and Environment Court to ensure compliance.”

The sign was eventually removed without the need for legal action and an application lodged to modify the conditions of consent to permit RTA messages.

Heads of Consideration:

State Environmental Planning Policy No 64 (SEPP 64)

SEPP 64 prohibits all signage in rural areas other than tourist directional signs or signs which are ‘exempt development’.

Interpretative signs constructed and installed by or on behalf of the RTA are exempt under KLEP 1987 and are therefore not prohibited under SEPP 64.

Proposed Modification

Although exempted from the need to obtain development consent, the erection of RTA interpretative signs is prohibited by condition 2, which requires:-

“The sign is to be used for tourist directional purposes with at least one side dedicated to promotion of Kempsey Shire as a tourist destination”.

No objection is raised to modification of the condition to permit RTA safety messages only in addition to tourist directional signs.

It should be noted that such an allowance was provided by Council to permit an enlarged sign at Clybucca on the basis that it was used for RTA promotional purposes.

Director Environmental Services Recommendation:

That Council agree to modify condition 2 of the consent as follows:-

2 The sign is to be used for tourist directional purposes or for the display of Roads and Traffic Authority Safety messages only with at least one side dedicated to promotion of Kempsey Shire as a tourist destination.

2002. 93 RESOLVED: Moved: Cl. Parkinson

Seconded: Cl. Joukhadar

That the Director Environmental Services recommendation be adopted with the addition of:-

3 That Kempsey Shire Council investigate through its Tourism Officer leasing of the reverse side of the sign to advertise Stuarts Point/Fishermans Reach area.

DES 6 APPLICATION TO REZONE LAND IN PACIFIC STREET, CRESCENT HEAD TO 3(a) COMMERCIAL

FILE T5-84 MEI {Folio No: 228862}

SUMMARY:

Reporting that Council has received an application to rezone the adjoining lots in Pacific Street, Crescent Head from 2(B1) Residential to 3(a) Commercial.

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Subject land: Lots 219, 221, 223 DP 754441, being No’s 25, 23 and 21 Pacific Street, Crescent Head

Owner: John Volker

Current Zoning: 2(B1) Residential

Proposed Zoning: 3(a) Business (General)

The Proposal

The applicant wishes to rezone the subject lots (Appendix “i”) to 3(a) Commercial. Presently Lot 219 is vacant, Lot 221 contains two shops presently being used as a Doctor’s Surgery and a hairdressing salon, and Lot 223 has an existing dwelling. Adjoining the subject land to the east is a church and a police station. Diagonally across the road is an area already zoned 3(a) which contains a service station and a shop. The proposal is consistent with adjoining development and that which currently exists on the subject land.

Although the applicant has only applied to rezone the three lots mentioned above, it is considered desirable to include Lot 217 DP 75441, which lies immediately to the west on the corner of Pacific and Lee Streets. The inclusion of this lot will enable a service lane to run off Lee Street to provide for deliveries, garbage collection and off-street parking. A supporting Development Control Plan (DCP) should also be prepared for the area which would detail such features.

It will therefore be necessary to consult the owner of Lot 217 to ascertain their interest in having their land rezoned to 3(a) Business form the present 2(B1). It is considered that the inclusion of this land is crucial to the proposal as outlined due to the need for the service lane to cross this land. Without the lane, service traffic and parking would all be forced onto Pacific Street, likely creating traffic flow problems into the future. It is questionable if the rezoning should be considered without the provision of the lane.

The existing 3(a) area of Crescent Head has been fully developed with the exception of Council’s public carpark. It is therefore appropriate to undertake this rezoning to provide for further business development.

North Coast Regional Environmental Plan

Clause 39 of the North Coast Regional Environmental Plan (REP) states that a draft LEP should not provide for the establishment of significant retail, commercial or business development unless the expansion is adjacent to or adjoins the existing commercial centre or is in accordance with a retail/commercial strategy prepared by the Council. Although Council has not prepared such a strategy for Crescent Head the subject land adjoins the existing commercial area of the village as required in the REP.

Traffic and Parking

This proposal is only to rezone the subject land to 3(a) Business and does not involve any specific development proposals for the land. Specific parking requirements will need to be considered in conjunction with development applications for the land as they arise and in accordance with the provisions of the DCP prepared for the site.

Coastal Zone

The subject land lies within the Coastal Zone as defined in the NSW Government’s Coastal Policy.

For a rezoning to proceed in the Coastal Zone it is generally necessary to undertake a Local Environmental Study (LES). It is not known if the Department of Planning (formerly DUAP) will require an LES in this instance, as the land has been previously developed for urban purposes for many years. However, the northern boundary of the subject land does back onto the Killick Creek reserve. Advice will be sought as to the need for an LES in this instance.

2002. 94 RESOLVED: Moved: Cl. Parkinson

Seconded: Cl. Joukhadar

1 That Council consult the owners of Lot 217 DP 754441 to ascertain their interest in having their property rezoned from 2(B1) residential to 3(a) Business (General); and

2 That Council advise the owner of Lots 219, 221 and 223 DP 7544441 of this.

DES 7 STORMWATER DRAINAGE CONTRIBUTION PLAN INCLUSION OF CBD AREA SOUTH WEST ROCKS

FILE S15-2 AJC (NRN) {Folio No: 228864}

SUMMARY:

Reporting on a proposal to add South West Rocks Central Business District to the existing Section 94 Contribution Plan for Stormwater Drainage.

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Proposal

It is proposed as an interim measure to incorporate the South West Rocks Central Business District into the current Section 94 Contribution Plan for Stormwater Drainage. It is anticipated that a full review of this plan will occur during 2002, subject to availability of resources.

Section 94 of the Environmental Planning and Assessment Act 1979 states: -

if a consent authority is satisfied that a development, the subject of a development application or of an application for a complying development certificate, will or is likely to require the provision of or increase the demand for public amenities and public services within the area, the consent authority may grant consent to that application subject to a condition requiring:

(a) the dedication of land free of cost, or

(b) the payment of a monetary contribution,

or both.

Section 32 (1) of the Environmental Planning and Assessment Regulation 2000 allows Council to amend a contribution plan by replacing it with another plan. Section 28 of the Regulation requires that the contribution plan be publicly exhibited and that the draft document with supporting documentation be made readily available to the public.

If Council accepts the Draft Contribution Plan Amendment it is proposed to place this document on Pubic Exhibition pursuant to the provisions of Sections 28 and 29 of the Regulation.

An amended copy of the Section 94 Plan will be tabled at the February 2002 meeting.

Discussion of the Amendment

The following changes and/or additions are proposed to be incorporated into the existing Contribution Plan for Stormwater Drainage: -

1.0 Aims and Objectives

v South West Rocks Central Business District(CBD)

The local catchment area (which includes the nominated CBD area) has a total area of 7.2 hectares. The CBD catchment area identified in this plan has an area of 1.98 hectares. Based upon preliminary drainage calculations (using the Drains program) the CBD contributes to 38% of the flow in the proposed Trunk Piped drainage system.

The existing CBD area of South West Rocks the subject of this amendment covers all land bounded by Gregory Street, Paragon Avenue, Livingstone Street, Memorial Avenue and property fronting Paragon Avenue from Gregory Street to Memorial Avenue(south side).

The CBD area identified in this plan has an old and inadequate piped stormwater drainage system, which will not adequately service the redevelopment of the South West Rocks CBD. Future redevelopment of the CBD will be adversely affected if there is no provision made to upgrade the existing stormwater drainage system.

Therefore the objective of this amendment is to provide an adequate piped stormwater drainage system (including basic water treatment) to serve the South West Rocks CBD and construct part of a future piped trunk drainage line that will eventually service the whole of the local catchment area.

The cost in upgrading the existing piped network is to be borne by future development and council.

Note: This only relates to work within 38% of the total catchment and does not examine other stormwater needs within the catchment.

2.0 Land to Which this plan applies

The land parcels affected by this plan are bounded by Gregory Street, Paragon Avenue, Livingstone Street, Memorial Avenue and property fronting Paragon Avenue from Gregory Street to Memorial Avenue (south side) as shown in the plan attached to this plan at Appendix A5.

3.0 The Nexus

The South West Rocks CBD area forms the lower part of a local catchment. This catchment generally contains land, which in the main has been zoned for commercial and intense residential, tourist type development and redevelopment. The existing stormwater drainage network in this local catchment area has in the past adequately serviced the needs of development. However in 2002 the piped drainage system is grossly overloaded and requires significant upgrading.

South West Rocks is a growth area of the Kempsey Shire. The population growth from 1991 to 1996 was 24.8% whilst Kempsey growth was 4.7% (ABS Census results). The population projections contained in the publication Socio Economic Profile of the North Coast of New South Wales, Part 2 in June 1998, show a the following projected population increase to 2016 for the Kempsey Shire: -

LOCALITY	1996-2001	2001-2006	2006-2011	2011-2016
Kempsey	430	448	466	486
South West Rocks	985	996	897	756
Crescent Head	143	156	172	163
Frederickton	91	95	98	104
Stuarts Point	118	127	139	152
Smithtown	10	9	9	9
Gladstone	6	6	6	6
Hat Head	3	3	3	3

These population statistics clearly demonstrate that a demand for additional and expansion of existing services will be generated within the CBD to accommodate the anticipated growth in population and utilisation. In order to accommodate this growth in services within the CBD an upgrading of the existing Stormwater Drainage System is required in this local catchment area.

The upgrading of the existing stormwater drainage system will be located wholly within the existing local catchment area, which it is designed to serve.

The Director Engineering has made provision in the Draft 2002/2003 estimates for part extension of this pipe drainage system.

The Belle O’Connor Trunk Drainage report submitted to Council in December 2001 identified the need for council to consider allocating funds (preliminary estimate not including water quality control, $120,000) in advance of development, which are needed in the near future to counter increasing development pressures.

It is anticipated that council will resolve to adopt a program in the first instance that will allow an adequate service to be provided to the South West Rocks CBD area identified in this plan, by allocating funds in advance of development.

4.0 What Service is Needed?

4.1 South West Rocks

4.1.3 South West Rocks CBD

[a] Recoup from future developments funds expended in advance of development in Livingstone Street from memorial Avenue to Prince of Wales Avenue.

[b] Provision of a new trunk piped drainage line from Saltwater Creek to Paragon Avenue intersection.

[c] Provision of a gross pollutant and sediment filtering unit located within the existing Horseshoe Bay Reserve.

[d] Provision of a pipe drainage system to service Paragon Avenue, between Memorial Avenue and Prince of Wales Avenue.

6.0 What percentage should Council meet?

6.1.3 Central Business District

The Livingstone Street pipe drainage augmentation formed stage 1 of was completed in late 2001 at full cost to council in advance of development and cost $40,308. These funds will be recouped as redevelopment of this sector of the CBD continues from development only.

Stage 2 (Trunk Drainage, Saltwater Creek to Paragon Avenue) will involve Council, allocating funds in advance of development to ensure there is sufficient stormwater infrastructure available for new and redeveloped areas of the CBD to connect to. It is proposed to allocate responsibility for this stage as follows:-

Council: (CBD) 9.5% of total flow entering system from roads and reserves.

Development (CBD): 28.5% of flow entering system from the development.

Balance of Catchment: 13.5% Council

48.5% Future Development Council to fund work in advance of development.

The total estimated cost to provide the trunk drainage to Paragon Avenue including a gross pollutant and sediment collector unit is approximately $195,000.

Stage 3 will involve extension of a pipe system in Paragon Avenue between Memorial Avenue and Prince of Wales Avenue, which will require council to allocate funds in advance of development. These funds will be recouped as redevelopment of this sector of the CBD continues from development only and or developments undertaking works in kind. The estimate cost for council to undertake this work is $47,500.

At this stage scheduling of all the work cannot be completed as it is dependent upon development trends.

There will be no credits for existing conditions and/or acceptance of retention systems onsite.

The contribution rate is calculated as follows: -

(Total cost to Upgrade$)*TOTAL AREA OF THE LOT/TOTAL AREA OF THE SUB- CATCHMENT.

Financial Implication

The financial implication of the South West Rocks CBD proposal is estimated to be $242,500 to be allocated in advance of development by Council. Loan funds would need to be used that will over time be recovered as development proceeds. This could be over a number of years.

Director Environmental Services Recommendation:

1 That Council allocate $242,500 for the provision of the Trunk Drainage in Memorial Avenue to Paragon Avenue and extend a sideline in Paragon Avenue to Prince of Wales Avenue.

2 That Council advertise the Draft Contribution Plan for Stormwater Drainage in accordance with the provisions of the Environmental Planning and Assessment Regulations 2000.

MOVED: Moved: Cl. Parkinson

Seconded: Cl. Bowell

That the Director Environmental Services recommendation be adopted.

An Amendment was MOVED: Moved: Cl. Joukhadar

Seconded: Cl. *

That the Director Environmental Services recommendation be adopted subject to the deletion of point 2 in the recommendation.

The Amendment lapsed for want of a Seconder.

2002.95 The MOTION was PUT to the MEETING and was CARRIED.

Councillor Joukhadar recorded his vote against the foregoing Resolution.

DES 8 ESTUARY MANAGEMENT PLANS

FILE E10 BWC {Folio No: 228865}

SUMMARY:

Reporting that the Minister for Land and Water Conservation has made an offer of assistance to undertake estuary management plans.

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The Minister for Land and Water Conservation, John Aquilina MP has advised that he is offering financial assistance of 50% of Council’s actual expenditure, to a maximum of $30,00 to undertake estuary management plans for Killick and Saltwater Crescent.

Currently an Estuary Process Study is being completed by Manly Hydraulics. The next stage in the Coast and Estuary Management process is to undertake the preparation of an Estuary Management Plan.

Council has within the 2001/2002 $15,000, allocated for towards the proposed management plan. Consequently to accept the grant, a further $15,000 is required.

It was anticipated that any offer would be for the 2002/2003 year, however the current offer for assistance is subject to Council’s acceptance within one (1) month. Consequently to accept the offer, Council would need to vote an additional $15,000.

Financial Implications

Council would need to provide an additional $15,000 from working funds.

2002. 96 RESOLVED: Moved: Cl. Parkinson

Seconded: Cl. Sproule

That Council accept the grant of up to $30,000 for Estuary Management Plans and provide the necessary matching funds.

DES 9 CLYDE STREET MALL

FILE M6 BWC {Folio No: 228867}

SUMMARY:

Reporting on responses to a proposal to re-open to traffic Clyde Street, through the existing Mall.

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Council at its meeting on 13^th November 2002 resolved:-

1 That a report be submitted to Council within three (3) months detailing the feasibility and cost to reopen Clyde Street Kempsey to one way traffic south to north from Belgrave Street.

2 That the matter be referred to the Community Safety Committee and the Chamber of Commerce for input into the report when submitted to Council.

3 That the matter be included in the Mayor’s column and Council advertising to invite submissions to Council.

The proposal has been advertised and the Director-Engineering has had plans prepared indicating the likely impacts the re-opening to traffic could have on the mall. The proposal was discussed by the Kempsey CBD Master Plan Implementation Committee at its meeting on 16^th January 2002.

The Community Safety Committee is to meet on 5February 2002 and it is understood that it will be recommended that there is no need on a crime basis to re-open the area for traffic.

The Chamber of Commerce has also responded and made the following comments:-

Chamber members believe that any alteration to the present conditions will entail considerable expense and that shopkeepers in the vicinity should be consulted so that the views of all retailers are ascertained. This will enable a considered response to the proposal and may save time and money if there is not general agreement. Chamber members who were present at the meeting were not in favour of the reopening.

The front page article of the Macleay Argus on 11^th January 2002 would appear to address the Chamber’s suggestion of obtaining the views of retailers. The article (Appendix ‘j’) indicates that eight (8) operators were interviewed and that seven (7) were against the re-opening of the Mall for traffic.

Ten (10) other written submissions have been received. All but one (1) of the submissions expressed concern at the likelihood of permitting traffic in the area. Most saw a benefit in the existing Mall as a pedestrian and activities area, which would be adversely impacted on if traffic was re-introduced. The operators of one (1) business have “grave concerns for the future viability of our (their) business” if the Mall is opened up for through traffic. They suggest that problems not only occur after hours but also during business hours. Further comments were made in respect to possibly providing Christmas decorations and lights in the Mall area. One (1) submission has been received supporting the re-opening of Clyde Street and suggesting that the Mall needs re-vitalising. The submission also suggests that traffic should be allowed, with one (1) lane being provided with ¼ to ½ hour parking. It is also suggested that the re-opening of the Coffs Harbour Mall should be examined.

It should also be pointed out that, at this stage, Council has made no allocation of funds to carry out any work. Any work should not be seen as part of the Master Plan Implementation expenditure.

The Committee at its meeting on 16^th January, 2002 resolved –

“That the committee not support the re-opening of the Clyde Street Mall”.

Director Environmental Services Recommendation:

That Council not proceed any further with a proposal to re-open to traffic, Clyde Street, through the existing Mall.

2002. 97 RESOLVED: Moved: Cl. Sproule

Seconded: Cl. Bowell

That the Director Environmental Services recommendation be adopted subject to the addition of:-

That the authors of the submission be advised of the decision.

DES 10 ENERGY SMART HOME

WATER HEATER EXEMPTION

FILE B9-2 DJW (NRN) {Folio No: 228868}

SUMMARY:

Reporting that with the introduction of amendments to the SEDA Energy Smart Homes Policy, SEDA Discount and Renewable Energy Certificates, the requirement for an exemption must now comply with the provisions of the “Uneconomic Exemption” Clause Energy Smart Houses Policy.

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Exemption Policy

The total cost of a hot water system includes both of the following:

1 The purchase price, either retail or trade not a combination and installation price.

2 The five year running cost, including the required volume of water and electricity tariff.

In relation to low green-house gas emissions and water heater criteria, an exemption can be claimed where it can be demonstrated that the total cost of a complying hot water system is greater than the cost of a non-complying hot water system, i.e. an uneconomic exemption can only be granted by Council, if the total cost of a complying hot water system is greater than a non-complying hot water system, based on a 5 year period.

The 5 year running costs will depend on the required volume of water (based on the number of bedrooms) and electricity tariff. The SEDA example is based on 3-4 users, that is, a 1-3 bedroom dwelling. For dwellings with 4-5 bedrooms, the SEDA consumption figure should be multiplied by 1.5 and 6-7 bedrooms multiplied by 2 to determine the 5 year running costs. The annual electrical costs are provided by SEDA, to calculate the consumption figure.

It is recognised that trades people can obtain trade prices for hot water systems, however, trade prices can only be compared with trade prices. A trade price for one (1) unit must not be compared with retail prices for another. Similarly, alike systems must be compared with each other, e.g. (not a 300 litre solar with a 180 litre electric). Consequently, currently a very small percentage of exemptions could be granted by Council.

The Seda $500 discount and Renewable Energy Certificates (RECS):

While the SEDA $500 discount is in place, the Retail Purchase Price or Trade Purchase Price of a Complying Hot Water System must be reduced by $500 or $700 for a gas-boosted solar hot water system. The value of Renewable Energy Certificates (RECs) – relevant to the system and area of installation – must also be reduced off the price of the Complying Hot Water System.

RECs are a form of currency generated by the Renewable Energy (Electricity) Act 2000 (Commonwealth) – under this legislation, solar water heaters are eligible to generate RECs subject to specified criteria under the Renewable Energy (Electricity) Regulations 2001 (Commonwealth). The renewable energy certificates have a value of approximately $24 and the minimum number of certificates for solar units in Zone 3 (Kempsey area) is 11 for a small unit ($264) to a maximum of 34 ($816).

Conclusion

An application for exemption under the Water Heater “Uneconomic Exemption” Clause (c.7 of the SEDA Energy Smart Houses Policy) requires assessment using an Uneconomic Exemption application form. Should the total cost of the complying system be less than the non complying system, the applicant is not eligible to receive an Uneconomic Exemption and must install the complying system. This provides a more cost-effective and a more environmentally-friendly option for the community through the reduction of greenhouse gas emissions.

2002. 98 RESOLVED: Moved: Cl. Bowell

Seconded: Cl. Sproule

That the information be noted.

DES 11 GENE TECHNOLOGY ACT 2000

FILE H2-2 BWC (NRN) {Folio No: 228869}

SUMMARY:

Reporting that the Gene Technology Regulator has forwarded advice on the implications for local government of the new regulatory system for genetically modified organisms (GMO’s).

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The Gene Technology Regulator has outlined some of the implications of Commonwealth legislation related to Gene Technology.

There are six (6) key actions:-

1 Prohibits persons from dealing with GMO’s (e.g. research, manufacture, production, propagation and import) unless the dealing is authorised in accordance with the Gene Technology Act 2000. For example, all dealings which involve the intentional release of a GMO into the environment must be licensed;

2 establishes a process for assessing the risks to human health and the environment and associated with dealings with GMO’s, including opportunities for extensive public input;

3 establishes a statutory officer, the Gene Technology Regulator (the Regulator), to administer the legislation and make decisions under the legislation (including the issuing of licences);

4 establishes a scientific advisory committee, an ethics committee and a community consultative committee to provide advice to the Regulator;

5 provides for monitoring and enforcement of compliance with the legislation; and

6 creates a centralised, publicly available database of all GMO’s and genetically modified (GM) products approved in Australia (the Record of GMO and GM Product Dealings).

All dealings that involve intentional release of a GMO into the environment (DIR) must be licensed by the Regulator.

For all DIR applications, affected local Councils will be given the opportunity to provide input in two rounds of consultation.

Local Councils will be contacted during the risk assessment process and then have the opportunity to comment once the risk assessment has been completed.

Director Environmental Services Recommendation:

That the information be noted.

MOVED: Moved: Cl. Parkinson

Seconded: Cl. Bowell

1 That the information be noted.

2 That Kempsey Shire Council declare the Macleay Valley to be a Genetically Modified Organisms (GMO) primary production free zone.

An Amendment was MOVED: Moved: Cl. Bowell

Seconded: Cl. Sowter

That the report be received.

2002.99 The AMENDMENT was PUT to the MEETING and was CARRIED, became the MOTION and was CARRIED.

Councillor Parkinson recorded his vote against the foregoing Resolution.

DES 12 BUILDING AND DEVELOPMENT

SUMMARY:

Reporting that the following applications have been approved:

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APPROVALS

Local Development (LD) (Appendix ‘k*’

Construction Certificates (CB) (Appendix ‘l’)

2002. 100 RESOLVED: Moved: Cl. Bowell

Seconded: Cl. Parkinson

That the information be noted.

DES 13 MODIFICATION TO CONSENT – CORRECTIONAL CENTRE, ALDAVILLA

FILE I2-15 BWC {Folio No: 228870}

SUMMARY:

Reporting that an application to modify the consent issued for the Correctional Centre and Aldavilla, to include removal of a significant amount of excess topsoil and subsurface material has been submitted to planning NSW.

GGGGGG

Applicant: Department of Corrective Services

Subject land: Lot 73, 74 and 75 DP 752439 and Lot 224 DP 776759, Aldavilla.

The application has been made pursuant to Section 96 (1A) of the Environmental Planning and Assessment Act, being a modification to the existing consent. It is for the consent authority, being planningNSW, to determine whether the application can be considered under Section 96 (1A) and whether readvertising should occur. The following report relates to potential impacts of the proposed modification.

Proposed Modification

Following completion of detailed plans for the proposed facility, it will be necessary to export approximately 22,750 cubic metres of topsoil and 19,500 cubic metres of subsoil from the subject land which was not included in the original application.

The applicant has nominated two (2) alternative sites for disposal of the fill being a site on Belmore River Right Bank Road (which is currently the subject of an application before Council) and at Council’s Waste Management facilities at South West Rocks and Crescent Head.

Traffic Impacts

The transport of up to 42,250 cubic metres of material from the site has the potential to result in significant impacts on Council’s road infrastructure.

No details of the return haul route to the proposed fill site on Belmore River have been provided however, whether via Right Bank or Left Bank Roads Belmore River, the proposal will significantly reduce the pavement life of either roads.

It is considered reasonable that Council request imposition of a condition requiring payment of a contribution towards the upgrading and maintenance of the haul route as it affects Council funded roads, in accordance with Council’s Section 94 Plan for Rural Roads.

In this regard it will be necessary to request additional information as to the precise haul routes proposed.

It should be noted that should Council have need for any material from the site, in accordance with Council’s Section 94 Plan, the value of such material to Council could be used to offset the required contribution.

Other Off-site Impacts

On 25^th October 2001, Council received an application from a Mr John Brady to construct a very large flood mound from material proposed to be exported from the Correctional Centre site. Having regard for the magnitude of the mound (i.e. 360 m x 75 m, excluding batters), by letter of 31^st October 2001 the applicant was requested to provide details relating to the suitability of the material for the construction of the flood mound, means of battering the mound, a flood study indicating any impacts on the pattern of flooding in the locality and a survey determining the location of the mound relative to the bank of the river.

As at the date of writing, the requested information has not been provided.

In addition to a requirement to pay a contribution towards the upgrading maintenance of Council’s road system, it is considered necessary to request the department to impose a condition preventing any export of material from the site until such time as development consent has been obtained for the proposed flood mount.

2002. 101 RESOLVED: Moved: Cl. Hunt

Seconded: Cl. Sproule

That Council make a submission to Planning NSW in accordance with the above report.

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DIRECTOR ENGINEERING REPORT

DE 1 CROWN RESERVES

FILE: N1 KJF (NRN) {Folio No: 228871}

SUMMARY:

Reporting on Crown Reserves to be devolved to Council.

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At Council’s meeting of 13^th February 2001, Council resolved to request trusteeship of some 42 Crown Reserves. The steps required in this process are: - Create a reserve trust for each reserve

- Name the trust

- Appoint Council as trust manager of the trust.

Attached at (Appendix A) is a proposed list of names for each reserve and Council is asked to review the proposed names and advise of concurrence with or without amendments. Upon completion of this action, gazette notification will be undertaken.

The only amendments proposed is to amalgamate two lots of reserves that are adjacent to each other, as shown in the appendix.

Financial Implication

There are no financial implications from the following recommendation.

2002. 102 RESOLVED: Moved: Cl. Bowell

Seconded: Cl. Parkinson

That the names of the reserve trusts listed in (Appendix A) of the Director Engineering Report DE 1 be approved.

DE 2 TOOROOKA BRIDGE

FILE: B6-2 APV (NRN) {Folio No: 228872}

This report was dealt with earlier in the meeting just after morning tea.

DE 3 GREAT EASTERN CENTENARY WALKING TRACK

FILE: C20-7 GJW (NRN) {Folio No: 228873}

SUMMARY:

Reporting on the review of the construction of part of the Great Eastern Centenary Walking Track.

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The review of the Great Eastern Centenary Walking Track was carried out in conjunction with the Department of Land and Water Conservation and the National Parks and Wildlife. The specific areas subject to review were Land Tenure, Endangered Species Management, Public Liability, Track Erosion and Future Maintenance.

The section of track proposed to be constructed is between Scotts Head and Middle Head Beach. The majority of this section is in the Nambucca Shire with only a short section linking down to Middle Head Beach being in Kempsey Shire.

Land Tenure

This section of track is wholly located within Crown Land, managed by the Department of Land and Water Conservation. Once a licence to construct the track has been issued, responsibility for the management of the area would lie with Kempsey Shire Council.

Endangered Species Management

Extensive consultation with ecologists, NPWS, NSW Scientific Committee and DLWC have formulated an approach to ensure the habitat of endangered species are properly cared for in the route location and ongoing management. This was agreed to by all interested stakeholders at the last field inspection/workshop 15^th August 2001. The endangered species (Glycine spp) is currently receiving no specific maintenance or protection. The majority of sites where Glycine has been identified, lie within the Nambucca Shire boundary.

Public Liability

Public liability responsibility in this area currently lies with the Department of Land and Water Conservation. Once authorised by DLWC, Council will have responsibility for the ongoing maintenance and liability associated with the track. To minimise Council’s exposure to litigation the track is being designed in accordance with Australian Standard Walking Tracks Part 1 Classification and Signage AS 2156.1 – 2001 and Part 2 Infrastructure Design AS 2156.2 – 2001.

Future Maintenance

Council has agreed to maintenance inspections on a quarterly basis, and/or at peak holiday times, to be carried out by Kempsey Shire Council’s Horticultural Advisor and a representative of the Department of Land and Water Conservation. Photo monitoring points will be established to enable a referenced record of change in areas prone to impacts. The amount of maintenance required will depend to a large degree on the amount of usage the track receives. It has been agreed that signage will be initially kept to a minimum to discourage a sudden substantial increase in the number of people using the track, to enable maintenance requirements to be assessed.

The track will be constructed to the standard defined as Class 4 – (See specifications attached at (Appendix C) This will also discourage a sudden increase in use and reduce maintenance requirements and costs. Note that the proposed track (Class 4) does not involve the construction of a formal path but defines the existing track by signage.

Track Erosion

This existing track is unmanaged and not maintained. The proposed track location and design will minimise potential erosion. Ongoing maintenance and monitoring will identify and deal with any problems as they arise.

Financial Implication

There are no financial implications from the following recommendation as costs for construction of the track will come from the existing budget. The ongoing maintenance of the track will have minor ongoing financial implications for Council, and funds will have to be allocated for this purpose in future budgets.

Director Engineering Recommendation:

That Council supports the construction of this section of the Great Eastern Centenary Walking Track.

MOVED: Moved: Cl. Sowter

Seconded: Cl. Parkinson

That no action be taken.

The MOTION was PUT to the meeting and was LOST.

MOVED: Moved: Cl. Sproule

Seconded: Cl. Bowell

1 That the Director Engineering recommendation be adopted subject to the addition of there being further indigenous consultation.

2 That a report on the actual costs of works proposed be brought back to Council.

An Amendment was MOVED: Moved: Cl. Joukhadar

Seconded: Cl. Parkinson

1 That the Director Engineering recommendation be adopted subject to the addition of there being further indigenous consultation.

2 That a report on the actual costs of works proposed be brought back to Council.

3 That the issue of the Great Eastern Centenary Walking Track be referred to the Guriwa Nundagar (CDEP) for input.

4 That National Parks and Wildlife be invited to assist with funding of the Great Eastern Centenary Walking Track.

2002.103 The AMENDMENT was PUT to the MEETING and was CARRIED, became the MOTION and was CARRIED.

DE 4 CRESCENT HEAD TOWN IMPROVEMENT WORKS

FILE: R8-40-2 AJP (NRN) {Folio No: 228874}

SUMMARY:

Reporting on the over expenditure to complete the drainage, kerb and gutter and associated road works as part of Crescent Head Town Improvement Works at Skyline Crescent.

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Council had allocated $35,000 for works at Skyline Crescent, Crescent Head, as part of the Town Improvement Program. The total cost of the project came to $63,684. A contribution from the adjoining property owners for kerb and gutter construction of $6,300 will be forthcoming. This has resulted in an over expenditure of $22,384 in total.

In accordance with Council’s policy, this report details this over expenditure. The project costs are summarised below:

Description	Budget	Expenditure	Contributions	Balance
Skyline Crescent	$35,000	$63,684	$6,300	$-22,384

This over expenditure is attributed to problems experienced with rock in the underlying strata and several large rock ‘floaters’ that had to be removed during construction. During the preliminary site investigation some rock was anticipated but not to the extent experienced during construction.

Furthermore, having experienced the problems as mentioned and the related increase in cost after commencing with the works, a decision was made to continue and complete it as per design. The decision to continue rested mainly on the issue of safety. Open trenches and incomplete concrete works would have presented a hazard and the incomplete works would have had to be secured and regularly checked/maintained until further funding became available to complete the project.

The project required the installation of 45 lengths of Class 2 Pipe, 375mm diameter, on the eastern side of Skyline Crescent and the extension of the existing 375mm diameter pipe, which crossed Skyline Crescent. In addition to this storm water pipe, three storm water pits (one blind and two lintel style kerb inlets) had to be installed as well as 140m of Standard Kerb & Gutter. The project required the road to be widened to join on to the new kerb line. As per normal procedure, all driveways were reinstated once the kerb and gutter works were completed.

Construction commenced during the fourth week of October 2001 under the leadership of Mark Keast and the supervision of Graeme Borger. Both employees are experienced in this type of work and there should be no doubt about their abilities or commitment to this type of project.

The team started with drainage works and soon discovered that due to the geology of the site the works would not progress as first anticipated. However, progress was reasonable and management at this stage anticipated only a minor deficit. The drainage component, apart from one pit, was all but complete prior to the start of kerb and gutter works. At this stage the costs indicated no real concern and a decision to proceed with the remainder of the works was taken.

Problems with rock were encountered from the start of the kerb and gutter works. Large floaters and rocky ledges made excavation for the sub-base difficult and slow. This increased the cost of the construction of the kerb and gutter greatly.

The design required that the existing pavement was to be widened only to suit the new kerb and gutter. This indicated only minor road works in the order of one to two days on site. However, upon completion of the kerb and gutter works it was brought to management’s attention that the sealed area was uneven, patchy and in need of repair. The earthmoving equipment whilst working on the drainage and kerb and gutter components caused some of this damage. Furthermore, the newly constructed kerb and gutter was in some areas sitting proud of the road level and in other areas below, which necessitated reconstruction of the complete pavement. Also, the existing seal crown would have caused an offset crown after construction if only the western side was widened. Thus a decision was made to reconstruct the pavement to allow the crown to be shifted to the true centreline.

Once this decision was made the construction team intended to only rip the existing pavement, place and seal it. However, once the ripping started several water service lines were cut and construction halted. Several large boulders were also encountered and these required jack hammering to level and allow equipment free operation. The removal of these large rocks resulted in disturbed substrata, which required digging out and re-compaction. As a result of these factors more preparation was required than originally anticipated and the cost to reconstruct the pavement came to approximately $15,000.

The over expenditure can be funded from the Crescent Head Town Improvement Programme by deferring the replacement of steps in East Street ($5,000) and Comara Terrace ($10,000) and from the balance of funds saved on the 1999/2000 Beranghi Street works ($6,765) as previously reported to Council. The minor balance of ($619) will be funded by savings in the remaining T I projects at Crescent Head.

Financial Implication

There are no financial implications from the following recommendation as the over expenditure will be funded from the Crescent Head Town Improvement Program for the 2001/2002 Financial Year.

2002. 104 RESOLVED: Moved: Cl. Bowell

Seconded: Cl. Sowter

That the over expenditure of $22,384 on Skyline Crescent be funded from other funds included in the Crescent Head Town Improvement Program for the 2001/2002 Financial Year.

DE 5 ROADS TO RECOVERY

FILE: R8-2 NJT (NRN) {Folio No: 228875}

SUMMARY:

Reporting on the Federal Roads to Recovery Program proposed for 2003.

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As part of the 2002/2003 Estimates Council should have the opportunity of considering Capital Road Projects that can be funded from both Council’s 2002/2003 Budget and Federal Roads to Recovery Funding.

Capital Road funding in 2001/2002 was only funded out of the Roads to Recovery Program and not from Council’s Budget. Therefore it is considered that the Roads to Recovery Program proposed for 2003 should be adopted prior to 2002/2003 Budget considerations.

Below is tabled a program outlining projects proposed for 2003.

		2003
Smithtown Town Improvement Project	Belmore St - Fast tracking of kerb and guttering and drainage	40,000
Stuarts Point Town Improvement Project	Ocean Ave, Club to Grassy Head Rd Cycleway	40,000
Kundabung Town Improvement Project	River Rd, Kundabung Rd to Hall - Reconstruct and Seal	30,000
Pavement Strengthening	Sea St Kempsey, Broughton St to Polwood St	110,000
Pavement Strengthening	Sea St Kempsey, Leith St to Elrington Ave	65,000
Pavement Strengthening	Mitchell St South West Rocks, Pacific St to McIntyre St	55,078
Specific Projects	Inches Rd - 0.5 to 1.0 - reconstruction and widening but not seal	40,000
Specific Projects	Marys Bay Road Intersection - Road Construction including seal	120,000
Specific Projects	Toorooka Bridge approaches - Road construction including seal	100,000
Specific Projects	Point Plomer Rd - Road construction including seal	120,000
		720,078

Some $630,078 is available of projects yet to be determined for 2004.

Specific projects to be considered in future years – Funding of these projects is yet to be determined by Council
Council's contribution to Kempsey second traffic bridge option
Macleay St Frederickton upgrade in conjunction with RTA rehabilitation works
South West Rocks to Stuarts Point RoadLink
- Suez Rd end
- Fishermans Reach Rd end
Bridge over McCoys Ck – replacing existing causeway
Trial Bay Ck Bridge – widen single lane bridge Road Construction projects
Road	Location
John Lane Rd	To Andala Rd ( 1.38km)	$124,200
Old Station Rd	From end of existing seal to Verges Ck Rd (0.54km)	$97,020
Point Plomer Rd	From end of existing seal (1.00km )	$129,600
Warneton Rd	From Old Aerodrome Rd (0.78km)	$70,200
Maria River Road	From end of existing seal (1.03km )	$123,600
Pipers Creek Rd	From Wirrang Rd (0.88km )	$105,600
Willi Willi Road	From Temagog Rd (0.75km )	$90,000
Old Aerodrome Rd	From Aldavilla Rd to End of existing seal (0.77km )	$160,000
Aldavilla Rd	From end of existing seal to Old Aerodrome Rd (2.59km)	$285,000
Boyters Lane	To Bridge less existing seal of 0.145km (1.33km )	$106,200
Austral Eden Inner Rd	From Austral Eden Link Rd north then east (2.61km)	$234,450
Pola Ck Rd	From South west Rocks Rd Raise Road (2.3km)	$165,600
Collombatti Rd	From end of existing seal to bridge abutment (1.51km )	$181,200

As has been previously reported to Council the increase in funding provided by the Roads to Recovery Program has provided a unique opportunity for Council to fund the previously unfunded area of Urban Sealed Road rehabilitation. Council and the community are becoming increasingly aware of this situation with the deterioration of our Urban Sealed Roads. Many of our Urban Roads are beyond periodic maintenance such as resealing, and a serious injection of funds is needed for rehabilitation. With previous funding provided under this program and with additional Flood Damage funding Council has been able to carry out significant repairs to our Urban Road network.

Streets selected are major collector roads. At this stage it is not recommended that Council allocate funds to minor urban streets as continued additional funding will need to provided over a number of years to bring all the collector roads up to acceptable standard. It is recommended that funding of $230,078, which is comparable to previous years allocations, be provided for Urban Road rehabilitation and pavement strengthening under this program.

Four specific projects have been recommended for inclusion in 2003 and reasons for inclusion are listed below.

Inches Rd - 0.5 to 1.0 - reconstruction and widening

Section 94 funds were used to construct and seal the first 450m from Old Station Rd. Some funding has been provided under the Roads to Recovery Program in 2002, which has enabled the resumption and relocation of services on the next narrow 260m section of the road.

An additional amount of $30,000 needs to be provided to construct and widen this section of road to two-lane gravel road standard.

Mary's Bay Road Intersection - Road Construction

Following a Notice of Motion from Councillor Bowell, Council at its Meeting on 15^th January 2002, resolved:

“That provision be made within the:

· 2002/2003 Draft Estimates, or

· Roads to Recovery Program 2002/2003

For consideration of the appropriate funding to;

a) Seal the section of Marys Bay Road (approximately 400m) at the Gowings Hill Road end, and

b) Improve the sight distance at the intersection of Gowings Hill Road and Marys Bay Road.”

a) This section of Marys Bay Road has not been constructed as the adjacent property is currently being developed and is proposed to be constructed when sufficient Section 94 funds become available. The developer has had discussions with Council and is aware that Section 94 contributions will apply to this section of road. The road is presently in good condition.

It is recommended that Council not allocate funds from its 2002/2003 Budget or 2003 Roads to Recovery Program. Council could consider providing loan funds, and recoup the funds when Section 94 funds become available, to construct this section of road.

b) There are real safety concerns with the southern section of Marys Bay Road at the intersection of Gowings Hill Road. Sight distance is insufficient for traffic entering Gowings Hill Road both east and west bound.

Marys Bay Road south services a rural residential subdivision, and at this location is unsealed. It is considered that it would be unwise to seal this last section of road in its present location due to its insufficient sight distance. Investigation has revealed that the intersection should be relocated to a point approximately mid-way between its present location and the new Pipers Creek Road intersection. The realignment of the road does not require any resumption as Council owns the land that was part of the old Euroka Tip site.

It is recommended that $120,000 be provided from the Roads to Recovery Program for 2003 to realign and reconstruct the intersection of Mary’s Bay Road and Gowings Hill Road.

Toorooka Bridge approaches - Road construction

A Feasibility Study has been carried out on upgrading the Toorooka Bridge over the Macleay River, by consultants GHD. Their recommendation has indicated that the estimated bridge construction cost is in the vicinity of $550,000 and that associated bridge approach works are $100,000.

Council has allocated $450,000 in the 2001/2002 Budget and $100,000 from the Roads to Recovery Program for 2002, thus providing a total of $550,000 for the actual bridge construction. This leaves a shortfall of $100,000 for the bridge approaches.

It is recommended that a further $100,000 be allocated from Roads to Recovery for 2003 for the construction of the Toorooka Bridge approaches to be constructed in conjunction with construction of the new bridge.

Point Plomer Rd - Road construction

As stated in the report to Council on 9th October 2001 regarding a Road Acquisition Policy, Point Plomer Road is presently graded 4 or 5 times per year. Point Plomer Rd has significant traffic volumes with average daily traffic volumes of 260 vehicles/day at off-peak times, to an average volume of 1100 vehicles/day, and peaking at 1346 vehicles/day, during the 2001 Christmas Week. This together with an insufficient depth of gravel equates to constant maintenance and above average gravel loss.

It is recommended that Council seal the next 2 kilometres (1.2 – 3.2km) from the Crescent Head end. This section of road is winding and narrow and not adequately drained and widening and sealing this section of road would improve the safety of the road enormously. This section of road can be reconstructed in two stages of equal length

It is recommended that $120,000 be provided from the Roads to Recovery Program for 2003 to reconstruct and seal the next 1km (1.2 – 2.2km) section of Point Plomer Road from the end of the existing seal.

A number of additional projects have been listed for consideration in future years. These projects could also be considered as part of the 2002/2003 Draft Estimates.

Financial Implication

The financial implications from the following recommendation is that the cost of the proposed works will be funded under the Roads to Repair Program.

Director Engineering Recommendation:

That the Roads to Recovery Program for 2003 be adopted.

MOVED: Moved: Cl. Parkinson

Seconded: Cl. Hunt

That the Roads to Recovery Program for 2003 be adopted.

At this stage the time being 12.30pm Councillor Joukhadar retired from the Chamber.

An Amendment was MOVED: Moved: Cl. Sproule

Seconded: Cl. Sowter

That the Director Engineering recommendation be adopted with the withdrawal of the specific project for the sealing of Point Plomer Road.

2002. 105 RESOLVED: Moved: Cl. Bowell

Seconded: Cl. Sowter

That this matter be deferred until later in the meeting after luncheon.

At this stage the time being 12.40pm Councillor Joukhadar returned to the Chamber.

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ADDRESS BY MR KEVIN GIBSON DEPARTMENT OF LAND AND WATER CONSERVATION.

At this stage 12.40pm Mr Kevin Gibson, Flood Manager, Department Land and Water Conservation, Coffs Harbour addressed Council regarding the cut back in funding for Flood Mitigation Program.

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At this stage 1.12 p.m. the Meeting adjourned for Luncheon and upon resumption at 2.14 p.m. all present at the adjournment were in attendance.

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DE 5 ROADS TO RECOVERY

FILE: R8-2 NJT (NRN) {Folio No: 228875}

At 2.14pm following luncheon adjournment discussion on Item DE 5 resumed.

MOVED: Moved: Cl. Parkinson

Seconded: Cl. Hunt

That the Roads to Recovery Program for 2003 be adopted.

An Amendment was MOVED: Moved: Cl. Sproule

Seconded: Cl. Sowter

That the Director Engineering recommendation be adopted with the withdrawal of the specific project for the sealing of Point Plomer Road.

2002.106 The AMENDMENT was PUT to the MEETING and was CARRIED, became the MOTION and was CARRIED.

Councillor Joukhadar recorded his vote against the foregoing Resolution.

2002. 107 RESOLVED: Moved: Cl. Joukhadar

Seconded: Cl. Parkinson

That the John Lane Road project replace Point Plomer Road in the Roads to Recovery Program for 2003.

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DE 6 RAIL LEVEL CROSSING, TAMBAN ROAD

FILE: R8-15 (228100) NJT {Folio No: 228876}

SUMMARY:

Reporting on the Railway Level Crossing at rail reference 519.778km connecting Tamban Road and Seven Hills Road in the Tamban area.

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Subject to Council agreement Rail Infrastructure Australia is seeking to permanently close the level crossing at rail reference 519.778km. This provides access to Tamban Road from Seven Hills Road at the north eastern end. In conjunction with the proposal the intension is to upgrade the existing bridge at the southern end of Tamban Road to 44 tonne load capacity (present load capacity is 15 tonne). A copy of the letter and plan is attached (Appendix D)

The railway level crossing provides access to 5 properties. The proposal is to provide access to these properties via the south eastern section of Tamban Road. Tamban Road is a dedicated public road, is unsealed and not maintained by Council. It mainly provides access to the Tamban State Forest. If Council were to concur with this proposal then it would need to reconstruct a 3.99km section of gravel road and provide ongoing maintenance.

Present access to these properties is via Seven Hills Road, presently maintained by Council, which runs parallel to Tamban Road on the eastern side of the rail.

It is recommended that Council not agree to the proposal to permanently close the railway level crossing, as Council does not maintain the south western section of Tamban Road.

It is also recommended that Council have no objection to the reconstruction of the railway bridge.

Financial Implication

There are no financial implications from the following recommendation.

2002. 108 RESOLVED: Moved: Cl. Parkinson

Seconded: Cl. Bowell

1 That the proposal to permanently close the railway level crossing at rail reference 519.778km not be agreed to.

2 That no objection be raised to the upgrading of the railway bridge at Tamban at rail reference 516.619km to 44 tonne load capacity.

DE 7 QUESTIONS WITHOUT NOTICE

FILE: C18-28 TLW (NRN) {Folio No: 228877}

SUMMARY:

Reporting on Questions Without Notice from the Council meetings of the 9^th January 2001, 20^th March 2001, 14^th August 2001, 11^th September 2001, 11^th December 2001 and 15^th January 2002

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Responses to Councillors Questions Without Notice from the Council meeting of the 9^th January 2001 are listed for information.

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Councillor N Joukhadar

1 That the Director Operational Services would be following up a response from the Crescent Head Country Club regarding the lease of the reserve.

Awaiting further contact from the Crescent Head Country Club with its new Board of Directors.

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Responses to Councillors Questions Without Notice from the Council meeting of the 20^th March 2001 are listed for information.

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Councillor J H Bowell

1 That the Director Operational Services would investigate a drainage problem in Croads Esplanade, Smithtown, at the Smithtown Traffic Bridge where water runs down the footway into a resident’s backyard.

An inspection has been carried out with the RTA, on the 11^th December 2001. Still currently awaiting a report from the RTA on the proposed action.

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Responses to Councillors Questions Without Notice from the Council meeting of the 14^th August 2001 are listed for information.

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Councillor J H Bowell

File R8-2

1. That the estimate to kerb and gutter and seal the north side of Polwood Street, Kempsey, adjacent to the Hospital property was around $35,000 and the Director Operational Services would approach the Mid North Coast Area Health Service to fund 50% of the work.

A letter has been received, with the CEO declining to contribute on the belief that Hospital staff do not park in the area. Details of vehicles that do use the area are being collated.

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Responses to Councillors Questions Without Notice from the Council meeting of the 11^th September 2001 are listed for information.

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Councillor P Parkinson

File L1-2A {Folio No. 221356}

1 That the Director Operational Services would check on the status with regard to the gazettal of Goolawah Stage 2.

Discussions have been initiated with the Department of Land & Water Conservation, who advise that Native Title issues have led to substantial delays in processing.

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Responses to Councillors Questions Without Notice from the Council meeting of the 11^th December 2001 are listed for information.

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Councillor M N Armour

File R8-2 KJF (NRN) {Folio No. 226173}

1 That the Director Operational Services would investigate means to block usage of the vehicle track running across Council land from Frederick Kelly Street to Spencers Creek Road.

Barricade erected but vehicles driving around end. Barricade will be extended further.

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Councillor T Hunt

File R8-2 KJF (NRN) {Folio No. 226180}

1 That the Director Operational Services would advise Council of the extent of adjustments required by Council to contract road construction work undertaken at the Link Road/Armidale Road intersection.

Council’s Works section has provided a cost for the adjustment to the road works in the amount of $8550. Currently awaiting a response from the Department Public Works and Services.

Department Public Works and Services are currently in discussion with the original contractor.

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Councillor B R Sowter

File T9-5 KJF (NRN) {Folio No. 226191}

1 That the Director Operational Services was still awaiting a reply from Rail Infrastructure regarding the bridge over Third Lane and fencing of the rail line near the Kemp Street/Cochrane Street intersection.

Contact has been made with the Railway Authority and Council was advised that no funding is available to effect the repairs in this financial year. Application will be made for funds in the 2002/03 year.

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Responses to Councillors Questions Without Notice from the Council meeting of the 15^th January 2002 are listed for information.

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Councillor B R Sowter

1. That the Director Engineering would investigate the status of the Railway bridge at Third Lane.

2 That the Director Engineering investigate the dumping of Old fridges and rubbish in the North Street, Gladstone drain.

An inspection has been carried out, with no rubbish found on site.

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Councillor P Parkinson

1. That the Director Engineering would investigate the presence of Gloriosa lily, Goolawah Beach.

An investigation of the area is currently underway. Council’s Noxious Weeds Inspector will liaise with John Jeayes and inspect the area on 8^th February 2002.

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Councillor P J Mainey

1. That the Director Engineering investigate the status of the intersection of Cyrus Saul Circuit, Frederickton with the Pacific Highway.

The status of the intersection is currently under review.

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Councillor J H Bowell

1. That the Director Engineering will advise him of the construction commencement date of the taxi rank superstructure.

An order has been placed Russell Jones. The construction program has not yet been confirmed.

2 That the Director Engineering would investigate the tree on the northern side of Harry Boyes Avenue, South Kempsey prior to school resuming.

The tree was removed on the 30^th January 2002.

3 That the Director Engineering would make enquiries into the South Kempsey Traffic Study and funding allocations for upgrading of the intersection of Lachlan and Druitt, Kempsey.

Awaiting information from the Roads & Traffic Authority.

4 That the Director Engineering will investigate the concerns of residents driveways on Old Station Road since roadworks have been carried out.

An investigation and contact with the residents is currently being arranged.

5 That the Director Engineering would liaise with him in regard to the progress of North Street, Gladstone.

The works are now completed on North Street, Gladstone.

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Financial Implication

There are no financial implications from this recommendation.

2002. 109 RESOLVED: Moved: Cl. Parkinson

Seconded: Cl. Joukhadar

That the information be noted.

DE 8 WORKS IN PROGRESS

FILE: R8-2 KJF (NRN) {Folio No: 228878}

SUMMARY:

Reporting on works in progress.

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ROADS

Regional Roads

MR75 Armidale Road - Shoulder repairs and maintenance in progress.

MR 198 South West Rocks Rd - Flood damage repairs planned.

MR198 South West Rocks - Pavement strengthening planned

Road Ch. 5.3 – 8.3

Sealed Rural Local Roads

Belmore River Road - In progress.

(Left Bank Road)

Suez Road - Completed

(Road to Recovery)

Second Lane - Completed

Plummers Lane - In progress

(Flood repairs)

Gowings Hill Road - Pavement strengthening in progress.

Gravel Rural Local Roads

Gravel Resheeting

Old Aerodrome Road - Completed

Warneton Road - Completed

Dungay Creek Road - Completed

Pipers Creek Road - In progress

Upper Smiths Creek Road - Planned

Wharf Road - Planned

Chain O Ponds Road - Planned

Maintenance Grading

Work Completed Works in Progress or Proposed

Dowling Falls Road Collombatti Area

Collombatti Road Nulla Nulla Area

Chain O Ponds Road Hickeys Creek Area

Mungay Flat Road

Secombs Lane

Powicks Access

Kesby’s Road

Dungay Creek Road

Hickeys Creek Road

Warneton Road

Aldavilla Road

TOWN AND VILLAGE WORKS

Kempsey

Innes Street footpath - In progress

Queen Street drainage - Completed

Sea Street drainage - In progress

Crescent Head

Dulconghi Street - Drainage works planned.

Stuarts Point

Marine Parade kerb and gutter - Planned

PARKS AND SPORTING FIELDS

· General maintenance of parks and playing fields continuing.

FLOOD MITIGATION

Bank Protection Works - Flood damage restoration works in Seven Oaks, Austral Eden areas and Belmore Flood Control Structure are now completed.

Bridge Major Repairs

Upper Smiths Creek Bridge - Planned

Wharf Road Bridge - Planned

Flood Damage Restoration Works

MR75 Armidale Road - In progress

Second Lane - Completed

Brassils Creek Road - Completed

NOXIOUS PLANTS

· Roadside inspections for Giant Parramatta Grass – TR75 Willi Willi Roads.

· Sprayed Giant Parramatta Grass – Willi Willi Road, Moparrabah, Brassels Creek Road and Warbro Brook Road.

· Distributed weed calendars.

Willawarrin Produce - 50 calendars

Norco - 100 calendars

Dyers Crossing - 50 calendars

Elringtons - 70 calendars

Rural Lands Protection Board - 20 calendars

Kempsey Veterinary Clinic - 20 calendars

Dept Agriculture - 25 calendars

Dept Land & Water Conservation - 26 calendars

Excellent results from produce stores regarding calendars.

· Private property inspections, Stuarts Point Road for Groundsel Bush.

· Sprayed Salvinia in two dams on McLachlans Property, Lawrence Road, Temagog.

BUILDING SERVICES

Work completed last 4 weeks

· Ongoing maintenance and repair of public toilets including graffiti removal.

· Constructed additional office at Depot for Water and Sewerage Staff.

· Repeated repair pontoon connections at New Entrance Boat Ramp.

· Repairs to residence at ‘King Gee’ after break-in.

· Repairs to security fence at Kempsey Pool Complex.

· Repairs to security fence and pool ladders at South West Rocks Pool Complex.

Work proposed next 4 weeks

· Continue to manufacture timber bollards for Kempsey Master Plan works.

· Continue to adjust offices at Civic Centre for restructuring.

· Commence office modifications to store at Depot and start construction of office for Works Section at Depot.

· Replace wooden section of security fence at Kempsey Pool Complex with colorbond steel panelling.

Financial Implication

There are no financial implications from the following recommendation.

2002. 110 RESOLVED: Moved: Cl. Parkinson

Seconded: Cl. Sowter

That the information be noted.

DE 9 COMPLIMENTS RECEIVED BY OPERATIONAL SERVICES STAFF

FILE: S10-2 TLW (NRN) {Folio No: 228879}

SUMMARY

Reporting on compliments received by Operational Services for the month of December.

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David Stewart - Gratitude to Council for reconstructing our road and also the new pavement works.

Bev Deards - Thanks for diversion at Pipers Creek. It is so much better than previous set-ups. Apologies for grievances over work before completion.

Jennifer Mainey - Congratulating the workers on the great job done on Dowling Falls Road.

Mrs V Piper - Congratulating Council on clean amenities and reserve at Horseshoe Bay.

Financial Implications

There are no financial implications from the following recommendation.

At this stage the Mayor read a letter from a resident of Yessabah Road congratulating Council on the excellent work carried out on the road.

2002. 111 RESOLVED: Moved: Cl. Parkinson

Seconded: Cl. Sowter

That the information be noted.

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SUPPLEMENTARY DIRECTOR ENGINEERING REPORT

DE 1 FLOODPLAIN MANAGEMENT PROGRAM

FILE: FM326 APV {Folio No: 228917}

SUMMARY:

Reporting on proposed projects for submission to Department of Land and Water Conservation for 2002/2003 Floodplain Management Program.

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Council has been invited to submit projects to be considered for financial assistance in 2002/2003, together with the level of funding sought.

Council has previously submitted proposals based on an ongoing program of works. However, in 2001/2002 Council’s budget for existing subsidised works (funded at ratio of 2:1) only provided for work on the Lower Macleay Levees. No funds were provided for Bank Protection, Floodgate Replacement or Water Quality Monitoring.

Consequently, at the meeting on 13^th November 2001, Council resolved to accept only the grant offer of $200,000 for the Levee project. The grant offers in the amount of $166,667 for the remaining projects were not accepted. A copy of the report to the November meeting is attached at (Appendix A)

and explains further the projects requiring funding.

An audit of Council’s Flood Mitigation assets has been undertaken. The cost of Flood Mitigation infrastructure has been assessed, at current values, at $62M with a written down value of $43.5M. Using a depreciation rate of only 1%, $620,000 should either be set aside or expended annually on maintaining the flood mitigation infrastructure. The infrastructure includes 181 floodgated structures with 352 floodgates, 48 timber farm bridges, 37km of rock bank protection, 35km of earth levees and 147km of drains.

The audit revealed that much of the infrastructure that was constructed during the 1960’s and 1970’s is ageing and urgent restoration work is now required to prevent any future catastrophic failures of floodgate structures, levees or riverbanks. It is critical, therefore, that funding for this program be at least restored to previous levels and the following proposals have been based on that premise.

Funding under the Floodplain Management Program is provided under the following categories:

1) Existing Subsidised Studies (1:1:1)

2) Existing Subsidised Works (2:1)

3) New Works

4) Maintenance Program (1:1)

The following proposals are submitted for consideration:

1) Existing Subsidised Studies

It should be noted that funds for projects in this category were previously funded at the ratio of $2 Commonwealth : $2 State : $1 Council. Financial assistance is now being offered only at the rate of $1 Council : $1 State : $1 Council. The issue of the change in funding ratio is being actively pursued by the Flood Mitigation Authorities of NSW.

Council has issued a brief for Stage 4B (Kempsey Flood Study) of the Lower Macleay Floodplain Management Plan to determine the existing flood behaviour in the Kempsey Urban Area and to assess the strategic development options in the floodways in the Kempsey CBD.

It is proposed that, in 2002/2003, a Management Study and Plan would be undertaken.

Lower Macleay Floodplain Management

Study Stage 4C $45,000

2) Existing Subsidised Works (2:1 Subsidy)

i) Macleay River Bank Protection

This provides for continuation of urgent maintenance of bank protection works on the Lower Macleay Floodplain. It is proposed that in the 2002/03 program work will continue on upgrading the bank protection at Austral Eden with the section between Kempsey and Frederickton to be undertaken in future programmes.

Macleay Bank Protection $45,000

ii) Floodgate Restoration

This project provides for repairs to failed concrete structures and restoration of concrete ‘cancer’.

It is proposed that work on the following structures be undertaken in 2002/2003 to the limit of available funds: Barnetts Drain, Buchanans Drain, Verges Drain, Marriotts Drain and refacing and poresealing of the Belmore River Headworks Structure.

Floodgate Restoration $150,000

iii) Lower Macleay Flood Mitigation Levees

A report on this project was submitted to Council’s meeting in October. It is proposed that in the 2002/2003 program, work commence on raising the low sports along the Macleay River levees between Smithtown and Jerseyville.

Lower Macleay Flood Mitigation Levees $300,000

iv) Water Quality Monitoring

The project provides for monitoring water quality data at 10 locations, plus 2 mobile trailers, in the Lower Macleay Floodplain. The project is establishing long-term base-line data sets of key water quality parameters and to measure the effectiveness of operational and management changes. This project is a vital part of Council’s Floodplain Project and is also an integral part of projects under the Coastal Acid Sulphate Soils Program and Acid Sulphate Soils Hot Spots Program. A web page is currently being developed so that the community can access real time water quality data.

Water Quality Monitoring $45,000

3. New Works

i) Floodgate Adjustments

Following on from the Lower Macleay River Floodplain Management Plan and the Upper Belmore Floodplain Management Strategy, some adjustments to floodgates and headworks is expected to improve the water quality in flood and non-flood periods. An amount of $50,000 is sought to cover the works required.

Adjustments to Floodgates $50,000

ii) Stock Flood Mounds

Council has previously resolved to pursue the construction of flood mounds on private property for stock in time of flood. The measure is a useful flood proofing measure that also has the benefit of reducing the chaos caused by stock moving with traffic in time of flood. This project is identified in the Lower Macleay Floodplain Management Plan.

Stock Flood Mounds $50,000

4. Maintenance Program

Council’s current budget under the 1:1 program for the maintenance of the flood mitigation structures, timber bridges, drains, levees, bank protection, flood control structures and alert system is $174,400 and is only approximately 50% of that required. DLWC has not, to date, agreed to increased funding but Council should seek an increase.

Maintenance of Flood Mitigation System $250,000

There is some concern that, if Council does not maintain its involvement in these existing programs, these projects will no longer be “existing” and will need to be listed as new works. They will then need to compete for both priority and funding with other projects on a Statewide basis and may only be deemed eligible for 1:1 funding support.

Financial Implication

The financial implication of the following recommendation is that Council would need to provide $320,000 in the 2002/2003 budget for flood mitigation.

Director Engineering Recommendation:

That the proposals outlined in the report for the 2002/2003 Floodplain Management Program be approved for submission to the Department of Land and Water Conservation.

2002. 112 RESOLVED: Moved: Cl. Bowell

Seconded: Cl. Hunt

That this report be deferred until after the General Manager’s Report.

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DIRECTOR CORPORATE AND COMMUNITY SERVICES REPORT

DCCS 1 LAND FOR PROPOSED HOSTEL / NURSING HOME AT SOUTH WEST ROCKS

FILE: A7-5 TIH (NRN) {Folio No: 228880}

SUMMARY:

Reporting that Council’s Strategic Planner has identified Crown land at South West Rocks that may be suitable for the provision of this facility.

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At its meeting held 13^th November 2001 Council resolved:-

“1 That Council commence the investigations for a suitable site.

2 That Councillor J H Bowell be Council’s delegate on the Working Committee to facilitate Aged Care Needs in South West Rocks and that Councillor J Sproule be the alternate delegate.

3 That Council invite Mr Paul Massey–Reid from Grafton office of Department Land Water Conservation to meet and discuss this particular matter.”

The Department Land and Water Conservation responded to Council’s letter of invitation:-

“This request will be dealt with separately to that of sporting grounds in the same area. When Council identifies a piece of Crown land which may satisfy their requirements (of a nursing home), please advise this office and the status and possible use will be investigated.”

Council’s Strategic Planner was requested to investigate the land available and suitable for this facility and has replied:-

“The area of Crown land indicated on the map Lot 7009, DP 754396 Gordon Young Drive may be suitable for the purposes of an aged care hostel or nursing home. It has good traffic access, is relatively flat and covers a very large area. Disadvantages include dense vegetation cover, adjoining State Environmental Planning Policy 14 wetlands and significant Aboriginal values.

The Lands Office was considering undertaking a review of this land to determine possible future areas.”

It is quite obvious that the Department of Land and Water Conservation now must be requested to assess Lot 7009 DP 754396 because of its potential to satisfy many of the pressing development requirements at SWR, like a nursing home, sporting fields, school, residential lots etc.

A letter has been sent to the Department of Land and Water Conservation requesting that Lot 7009 DP 754396 be assessed.

Financial Implication

The financial implication of the following recommendation would be nil.

2002. 113 RESOLVED: Moved: Cl. Parkinson

Seconded: Cl. Joukhadar

That the information be noted.

DCCS 2 KING GEE LEASE OR SALE TO PC / YC

FILE: LA 2633 TIH {Folio No: 228881}

SUMMARY:

Reporting on negotiations of the lease /and or sale of the former King Gee factory to the PC / YC.

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In order to finalise the legal requirements of the lease discussions have been held with the President of the PC / YC and Council has sought legal advice from Chris Cooney.

As part of the negotiating process consideration has been given to selling the site to the PC / YC for a nominal amount ($1.00 or $12,000 The $12,000 to cover Council’s costs to date in preparing for the sale or lease – contaminated land report etc) with a covenant that if the purpose of the building ceases within 30 years and the facility is sold Council to be reimbursed an amount for the land.

If Council does not wish to sell then a lease incorporating the conditions (subject to Council’s legal advice) as follows:-

1. The lease to be for 50 years from 1/3/02.

2. The rent to be $1.00 per annum.

3. The tenant to be responsible for all costs associated with the land and building

4. The building to be maintained in a condition satisfactory to Council and in the event of a dispute an agreed arbiter to determine the matter.

5. That in the event of a change of use of the building Council reserves the right to renegotiate the rent.

6. That if the PC / YC were to vacate the lease prior to the term of the lease and the building is to be sold or returned to Council use then the PC / YC to be reimbursed an amount for the improvements to the property, such amount to be determined by a mutually agreed Valuer.

7. That at the expiration of 50 years that an option to a further lease of a period to be negotiated be available to the PC / YC.

8. That Council has representation on the local PC /YC Committee by right.

is recommended. These conditions have been considered as satisfactory to the local PC / YC sub branch.

The PC / YC intends to spend an estimated $800,000 on the conversion of the factory building into a state of the art Youth and Community facility thereby considerably increasing the value of Council’s asset.

Director Corporate and Community Services Recommendation:

That the General Manager be authorised to enter into a contract with the PC / YC for the former King Gee site along the following lines:

1 That Council offer the site for sale to the PC / YC for $ 1.00 on the condition that a covenant be entered into that if the purpose of the building ceases and the property is sold within 30 years Council be reimbursed an amount for the land that is determined by a valuer agreed by both parties.

2 That Council offer the site for sale to the PC / YC for $12,000 on the condition that a covenant be entered into that if the purpose of the building ceases and the property is sold within 30 years Council be reimbursed an amount for the land that is determined by a valuer agreed by both parties.

3 That Council enters into a 50-year lease commencing 1/3/02 on the conditions outlined in the body of the Report.

MOVED: Moved: Cl. Joukhadar

Seconded: Cl. Sproule

That the General Manager be authorised to enter into a contract with the PC / YC for the former King Gee site along the lines of recommendation 3 of the Director Corporate and Community Services report.

An Amendment was MOVED: Moved: Cl. Bowell

Seconded: Cl. Parkinson

That the General Manager be authorised to enter into a contract with the PC / YC for the former King Gee site along the lines of recommendation 1 of the Director Corporate and Community Services report.

The AMENDMENT was PUT to the Meeting and was LOST.

2002.114 The MOTION was PUT to the MEETING and was CARRIED.

DCCS 3 STATEMENT OF BANK BALANCES

AS AT 31^st JANUARY 2002

APC

SUMMARY:

Submitting the Statement of Bank Balances as at 31^st January 2002.

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(Appendix A )

Financial Implication

There are no financial implications arising from this report.

2002. 115 RESOLVED: Moved: Cl. Hunt

Seconded: Cl. Sproule

That the information be noted.

DCCS 4 STATEMENT OF INVESTMENTS

AS AT 31^st JANUARY 2002

APC

SUMMARY:

Submitting the Statement of Investments as at 31^st January 2002.

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The Local Government Act 1993 requires that Council be notified at each Ordinary meeting of details of all money invested by Council.

Attached at (Appendix B ) is that Statement of Investments.

Financial Implication

There are no financial implications arising from this report.

2002. 116 RESOLVED: Moved: Cl. Hunt

Seconded: Cl. Sproule

That the information be noted.

DCCS 5 KEMPSEY MACLEAY RSL CLUB – USE OF ROAD RESERVE AT CLUB PREMISES

FILE: LA20004 PJH {Folio No: 228882}

This report was dealt with earlier in the meeting in conjunction with the Notice of Motion 1.

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2002. 117 RESOLVED: Moved: Cl. Sowter

Seconded: Cl. Sproule

That report DCCS 6 and Supplementary Mayoral Minute No. 3 be dealt with in conjunction.

DCCS 6 COMMUNITY CONSULTATION MEETINGS

FILE: C18-22 TIH (NRN) {Folio No: 228883}

SUMMARY:

Reporting on proposed schedule of community consultation meetings to be held during late February, March and April 2002.

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Planning is in progress to hold the year 2002 Community Consultation Meetings. It is proposed to hold the meetings wherever possible on a Wednesday and Thursday night, (depending on availability of venues) in the following villages:-

Stuarts Point

South West Rocks

Hat Head

Smithtown

Willawarrin or Bellbrook

Frederickton

Crescent Head

Kundabung

Kempsey

Matters for the Agenda will include:-

Management Plan

Budget

Rating proposals

Matters raised by respective communities

In order to have a structured Agenda it is proposed to write to the respective Ratepayers and Citizens Associations and Chambers of Commerce asking them for the matters they wish to have discussed, bearing in mind a 2 hour meeting duration.

In the past meetings have been held with 5:30 pm and 7:30 pm starts, it is considered that 7:00 pm starts would be more practical for both residents and Councillors, however this will be a matter for Council’s determination.

Details of confirmed venue and times will be forwarded to Councillors when available.

Financial Implication

The financial implication of the following recommendation would be the cost of hire of halls and travelling expenses of staff and Councillors.

2002. 118 RESOLVED: Moved: Cl. Bowell

Seconded: Cl. Hunt

That the meetings be held at the villages mentioned in the Report.

2002. 119 RESOLVED: Moved: Cl. Bowell

Seconded: Cl. Parkinson

That the meetings commence at 5.30pm and be of one and a half hour duration.

MAYORAL SUPPLEMENTARY MINUTE-3

M1 ECONOMIC DEVELOPMENT/ENVIRONMENTAL LEVY

FILE: I2-17 Councillor Hayes (NRN) {Folio No. 229237}

SUMMARY:

To provide an amended program for the 2002/2003 levy based on a 50/50 Economic Development/Environmental Levy split.

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Council when it considered the GM’s report regarding an Economic Development Levy for the 2002/2003 year resolved to proceed to a consultative process and adopted a program of works for the purposes of that consultation. Council also resolved that the special rate should be for Economic Development and Environmental issues.

A story regarding the proposal was published in the Argus on the 1^st February 2002. Following that publication I had a meeting with members of the Crescent Head Ratepayers Association. The three valleys branch of the National Parks Association and the representatives advised that they would support the proposed levy provided that the moneys raised were expended 50% on Economic Development and 50% on Environmental matters. The representatives gave examples of proposed works e.g. replanting of the riverbank at Kempsey, the establishment of a subtropical rainforest close to Smith Street and the avoidance of bitumen sealing of alluvial soil.

If this proposal were adopted $190 000 would be spent on each of Economic Development and Environmental issues in the first year.

I support the concept of a 50/50 spilt between Economic Development and Environmental issues provided the moneys spent on Environmental issues are spent on worthwhile projects and not on a series of small projects that would be of minimal value.

Attached is a suggested amended program to use the in the consultation process.

Financial Implication

Expenditure under the program would be funded by a special rate levy if approved by the Minister.

Mayoral Recommendation:

That Council adopts the amended program of works for the 2002/2003 levy for consultation purposes.

2002. 120 RESOLVED: Moved: Cl. Bowell

Seconded: Cl. Parkinson

That the Mayoral recommendation be adopted subject to specific details being provided on the Implementation of Strategic Plan Recommendations and Environmental issues.

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DCCS 7 KEMPSEY ECONOMIC RENEWAL PROJECT

FILE: A1-2 DJM (NRN) {Folio No: 228884}

SUMMARY:

Reporting on an update of the Kempsey Economic Renewal Project.

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Background – (extract from Premier’s Department November 1999):

At a meeting in early 1998, the North Coast Regional Managers of State Government agencies, through the Premier’s Department Regional Coordination Program and the Department of Aboriginal Affairs, agreed to work together with the Kempsey Shire Council, the Dunghutti Elders and the local community, the Commonwealth Department of Employment, Workplace Relations and Small Business (DEWRSB), and ATSIC, to address community economic renewal issues in Kempsey. The objective has been to develop self-sustaining strategies for social and economic renewal, particularly the development of employment strategies with a particular emphasis on Aboriginal employment.

Although the employment of the project officer ceased in November 1999 many strategies have been put in place that will be on-going. The North Coast Regional Coordination Management Group, representing regional managers of State agencies, will continue their commitment to Kempsey. Community and economic renewal can only be achieved through an active partnership – with the Elders and the community, with DEWRSB, ATSIC and the Kempsey Shire Council.

Some of the priorities of the Kempsey Economic Renewal Project are listed below:-

· Wutuma Keeping Place

Have a co-ordinator in place and are planning a fundraiser for the 1^st and 2^nd March 2002.

The fundraiser planning is progressing well at this stage and Governing committee are in the process of pursing capital dollars.

· Employment

CDEP

Have 250 placements with 40% being women.

Developed an employment strategy for implementation for 3-5 years.

Wear Wulf is still operational and running effectively and Business like.

· Aboriginal Business Enterprises Initiatives

The DAA program has been successful with training and apprenticeships dollars of $700,000.

Training is still happening with TAFE, Skillshare and Booroongen Djugen College.

The TAFE through the Djigay centre have branched to the Hastings with the Tourist and Hospitality groups from the Billabong Sanctuary.

· Youth

Plans and funding are being sought for the many programs that need to be implemented, eg The Goolawah Project, Aboriginal Men’s programs, the House of Youth has been operational for a few months and is user friendly for the Aboriginal community and caters for all ages of youth including Aboriginal youth.

· Kempsey Shire Council

Has hosted the Kempsey Community Working Party and this W.P. has been successful in obtaining grant funding of $13,291,000 with an inclusion of $700,000 for the training component.

One strategy suggested was the development of contract opportunities with the local CDEP and this is still happening.

· Reconciliation

Council has had many achievements including the erecting of the signage at the Kempsey Airport “Welcome to the Dunghutti Nation”, the formal apology given and a Statement of Commitment delivered. The Statement of Commitment is still in the process of being actioned.

The current committee that was formed as a result of the Economic Renewal project is formulising a new committee and writing up a package that highlights the priorities and what status they are at.

The package will consist of programs and works that have been undertaken as a result of the KERP and the Aboriginal Liaison Committee’s involvement.

The KERP and the Aboriginal Liaison Committee will have a report at their March meeting.

Financial Implication

There are no financial implications from this Report.

2002. 121 RESOLVED: Moved: Cl. Bowell

Seconded: Cl. Joukhadar

That the information be noted .

DCCS 8 FINANCIAL STATEMENT FOR THE PERIOD TO 31 DECEMBER 2001

FILE: A2-22 APC

SUMMARY:

Reporting that the Budget Review for the period ending 31 December 2001 has been prepared for all funds.

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In preparing the review every effort has been made to contain costs within the approved budgetary allocation for the respective Council activities.

The Budget Review Summary is attached at (Appendix E) together with a progress report in respect of significant capital works (Appendix F) .

The Budget review summary incorporates a note’s section outlining major variations for the quarter.

A comparison of the estimated financial result of each fund for the December and September quarters is as follows:

Fund Result as per September Result as per December

Budget Review Budget Review

General 938,112 (D) 1,053,196 (D)

Water 178,861 (D) 348,660 (D)

Sewer 612,122 (D) 614,806 (D)

General Fund

The Budget review shows that the General Fund deficit has increased by $115,084.

The significant variations in revenue funded items that contributed to the deficit result in the quarter are set out below:

Increased Expenditure :

Legal expenses - Development $40,000

Control

Bushfire Suppression $35,000

Waste Services $81,433

Mobile Staff Amenities $87,500 (Minute No. 2001.119 of 11/12/2001)

Payment of Staff Leave

Entitlements $175,000

Overhead Charges -($175,000)

Thompson Street Depot $39,947

Depot – Works Management

Building $75,000

Election Expenses $20,000 (Minute No. 2002.0004 of 15/1/2002)

Decreased Expenditure

Salaries $94,350

Increase Income:

Development & Building Fees $92,000

Tip Fees $91,049

Rate $21,000

The estimated working funds balance as at 30 June 2002 assuming the current program of works is maintained, is $578,009.

As at 30 June 2001 Council had set aside $436,944 to provide for the payment of employee leave entitlements, the total liability in respect of employee entitlements was $5,570,704. The budget for the 2001/02 year provided that an additional $350,000 should be transferred to the ELE reserve and also made allowance for the payment of some $150,000 to employee in respect of accrued leave entitlements expected to be taken during the year As at 31 December payments in respect of accrued leave entitlements stands at $291,790 with a revised budget payout of $325,000. The increase in leave expenses is attributed in part to the retirement/pending retirement of a number of long serving employees and staff redundancies following the Council restructure. The additional expenses of $175,000 has been directly offset by an increase in overhead charges levied on Councils operations in the current year.. Council in past years has as a guide attempted to maintain funding in the reserve at some 20% of the outstanding liability, consideration to increase the level of funding in the ELE reserve should be given in formulating the 2002/03 budget.

Water Fund

The review shows an increase of $169,799in the deficit.

The significant variations in revenue funded items that contributed to the deficit result in the quarter are set out below:

Increased Expenditure :

Network Analysis $25,000 (Minute No. 2002.0057 of 15/1/2002)

Kemp Street Feeder Main $195,000 (Minute No. 2002.0057 of 15/1/2002)

Decreased Expenditure

Pump Station maintenance $38,000

The estimated Working Fund balance as at 30 June 2002 is $580,504.

Sewerage Fund

The review shows an increase of $2,684 in the deficit.

The significant variations in revenue funded items that contributed to the deficit result in the quarter are set out below:

Increased Expenditure :

Treatment works

operation/maintenance $119,591

Decreased Income:

Liquid Trade Waste $37,000

Decreased Expenditure

Liquid Waste Inspection

& Monitoring $35,000

Sewer Maintenance $26,000

Telemetry System Operation $28,500

Community Consultation – $20,000

Shire Villages (included as part of the village subsidised scheme)

Shire Kempsey Effluent Management

Study $25,000

The estimated Working Fund balance as at 30 June 2002 is $1,137,108.

Financial Implications

The financial implications of the following recommendation would be an increase in the General Fund deficit of $116,584, Water Fund $169,799 and Sewerage Funds deficit of $2,684.

2002. 122 RESOLVED: Moved: Cl. Parkinson

Seconded: Cl. Sowter

That the Budget Review for the period ended 31 December 2001 be adopted and the variations contained therein be approved and financed from the sources as indicated.

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DIRECTOR CORPORATE AND COMMUNITY SERVICES SUPPLEMENTARY REPORT

DCCS 1 COMMUNITY SAFETY COUNCIL

FILE: P8-2 TIH (NRN) {Folio No: 228913}

SUMMARY:

Reporting on the Community Safety Council meeting held 6/2/02.

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Attached at (Appendix A) are the minutes of the meeting.

This matter is being referred to Council before the next meeting of the Community Services Committee because of the time limits for submissions on the Young Offenders legislation.

Councillors attention is drawn to the recommendation to support the LG&SA policy on Law and Order which is :

Community safety and crime prevention

Local Government supports a safe and secure environment for its communities.

Local Government fosters safer communities through:

· Developing a strategic Community Safety Plan that provides direction as to how the issues of community safety and crime prevention can be addressed comprehensively and with maximum community input.

· Acknowledging the symbiotic nature of the relationship between crime prevention and social policy and recognising the diversity of factors that contribute to quality of life; appropriate strategies include: incorporation of community safety and crime prevention issues into council social / community plans; the inclusion of appropriate social solutions into crime prevention strategies; and seeking social solutions for crime prevention prior to punitive measures being introduced where appropriate

· Using Crime Prevention through Environmental Design (CPTED) throughout council functions, including Development Control Plans and the like.

· Encouraging active participation of residents in the safer design of their community

· Supporting and resourcing community safety committees which focus on facilitating partnerships that involve a range of stakeholders that are committed to an integrated and comprehensive approach to community safety and crime prevention with an emphasis on situational and social approaches

· Addressing fear of crime and perceptions of crime through the dissemination of accurate information and community education strategies

· The introduction and use of reward systems to encourage public support in prosecutions for damage to council property.

Local Government seeks:

The State Government provide additional resources to:

· The Police Service to i) provide additional officers to adequately support community policing initiatives such as Community Safety Officers, Domestic Violence Officers, Youth Liaison Officers and Customer Consultation Groups in order to better address safety concerns in local government areas, ii) provide adequate support for carrying out non-police duties and iii) ensuring adequate staffing of stations in rural and remote areas.

· The Departments of Health, Education, Juvenile Justice and Housing in adopting an integrated approach to planning, developing, implementing, monitoring, promoting and evaluating Community Safety Plans

· The NSW Attorney General’s Department toward the endorsement and resourcing of Local Government Community Safety Plans.

Community Safety and Crime Prevention

Local Government fosters safer communities through:

· The provision of lighting and sensitive design of public buildings, streets, parks and gardens to address crime prevention

· Public education to promote strategies for safer communities to residents

· Community development initiatives which address the social causes of crime

· Facilitating community partnerships that involve a range of stakeholders that are committed to an integrated and comprehensive approach to community safety and crime prevention with an emphasis on both social and situation crime prevention approaches

· Support for the NSW Youth Offenders Act 1997 covering the ideas of restorative justice and Youth Justice Conferencing which encourages victims, offenders and family/support people to come together to address the causes of the offending behaviour and to make reparation to the victim.

· Support or initiate media or educational campaigns to tackle issues such as child abuse, domestic violence, violence against women, elder abuse and violence against gay, lesbian and transgender communities.

Councillors attention is also drawn to the comments on the Young Offenders legislation proposed by Newcastle Victims of Crime crusader Mr.John Lee. If Council adopts this report the Community Safety Council’s response will be sent to the Police Minister and the Attorney General’s Dept. (NB: Inspector Simons has requested an amendment concerning the ability to have identification procedures introduced for young offenders over the age of 14 who have been cautioned).

Councillors attention is also drawn to the recommendation to seek an Alcohol Free Zone (AFZ) in the West Kempsey Community Renewal Project “estate” area bounded by Cochrane St, Sea St, North St and Leith Street. (includes Gordon Nixon Ave, Keith Moses Crescent, Milton Barnett St, George Hardiman St, Roscoe Turner St and Eric Kennedy St). The request for the AFZ came from a residents initiated petition and has the support of the Dept Housing and the Police.

Inspector Simons was unable to attend the meeting and has requested a confidential briefing meeting with Councillors and staff on Monday. It is proposed to hold this meeting at 3.00pm on Monday 11/2/02 in the Committee Room.

Financial Implication

The financial implication of the following recommendation would be Matching grant funding for the employment of Crime Prevention officer for 2 days per week is approximately $10,000 per annum for 2 years. Signs for the AFZ can be met from this years crime prevention budget or the 2002/03 budget depending on the time it may take for the procedures to be completed.

Director Corporate and Community Services Recommendation:

1 That the report of the Community Safety Council meeting held 5/2/02 be adopted, including the amendment suggested by Inspector Simons.

2 That Council apply for the imposition of an Alcohol Free Zone in the following streets in West Kempsey: Leith Street (between Sea and Cochrane Streets), Cochrane Street (between Leith st and North Street) North Street (between Cochrane Street and Sea St) Sea St (between North St and Leith st), Gordon Nixon Ave, Keith Moses Crs, Milton Barnett St, Eric Kennedy St, Roscoe Turner St, George Hardiman St.

MOVED: Moved: Cl. Joukhadar

Seconded: Cl. Hunt

That the report be noted.

An Amendment was MOVED: Moved: Cl. Bowell

Seconded: Cl. Parkinson

1 That the report of the Community Safety Council meeting held 5/2/02 be adopted, including the amendment suggested by Inspector Simons.

2 That a copy of this report be forwarded to Assistant Commissioner Clive Small at the Premier’s Department .

The AMENDMENT was PUT to the Meeting and was LOST.

2002.123 The MOTION was PUT to the MEETING and was CARRIED.

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DIRECTOR BUSINESS ENTERPRISES REPORT

DBE 1 SUSTAINABLE REGIONS PROGRAMME

FILE: I2-17 (227606) GBS (NRN)

{Folio No: 228885}

SUMMARY:

Reporting on the response to Council’s request to be included as a ‘prototype’ region.

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At the first stage towards implementing the Sustainable Regions Programme, the Federal Government proposed to select a number of regions as “prototypes” towards which funding will be allocated and the outcomes assessed.

The NSW Mid North Coast, and the Kempsey area, was submitted for consideration, however, the submission was not successful.

The initial “prototype” regions are:-

· Atherton Tablelands QLD

· Wide Bay Burnett QLD

· Far North East NSW

· Campbelltown / Camden NSW

· Gippsland VIC

· North West & West Coast TAS

· Playford / Salisbury SA

· Kimberley WA

All current programme funding has been allocated to these regions.

Depending on the outcomes of the pilot, other regions may be included in the future if the programme is expanded beyond the prototype concept.

Financial Implication

There are no financial implications from the following recommendation.

2002. 124 RESOLVED: Moved: Cl. Bowell

Seconded: Cl. Parkinson

That the information be noted.

DBE 2 CORRECTIVE SERVICES INDUSTRIES

FILE: I2-14 GBS (NRN) {Folio No: 228887}

SUMMARY:

Reporting on progress with the development of correctional industries.

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At its meeting of 11^th December 2001, Council resolved:

“That Council reaffirm to the Correctional Industries its desire to be an active partner in relation to relevant matters in respect to the proposed Correctional Centre.”

This message has been conveyed in writing to Mr Tony McGinley, Business Development Manager, Corrective Services Industries.

The Macleay Valley Economic Development Trust (MVEDT) has been working with Corrective Services Industries (CSI) since the announcement of the facility to be constructed at Aldavilla.

Attached for the information of Councillors is a copy of correspondence between CSI and MVEDT following the Business Development Expo held on 30^th October 2001. See (Appendix A)

Financial Implication

The financial implication of the following recommendation would be

2002. 125 RESOLVED: Moved: Cl. Parkinson

Seconded: Cl. Joukhadar

That the information be noted.

DBE 3 HAT HEAD SEWERAGE

FILE: S8-24 GRP {Folio No: 228888}

SUMMARY:

Reporting on the progress of provision of sewerage facilities for Hat Head.

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The Department of Public Works and Services, as Project Managers for this project, have received tenders for the design and construction of sewerage facilities at Hat Head.

The scheme is being tendered in two parts, one for the collection system and one for the treatment and disposal system. The Specification nominated the disused quarries near the Water Reservoirs as the sites for the treatment facilities.

The tenders closed on 6^th December 2001 with 4 Tenders for the Reticulation Contract and 3 of the same companies for the Sewage Treatment Works (STW) contract.

The tenders have been reviewed and one tender for the STW expressed a qualification in relation to the use of blasting at the Quarry site. Alternative proposals were also submitted to use the Effluent Disposal area for the STW and not all tenders made allowance for grit removal.

Council confirmed that blasting would be acceptable at the site subject to conditions.

It was considered that grit removal facilities would need to be provided.

The use of the alternative site has been addressed on a number of occasions and was not acceptable in this area.

As a result the tender for STW has been recalled to allow blasting in the top quarry and confirming that grit removal is required and alternative STW locations will not be considered.

The recalled tenders closed on 29^th January 2002. Depending on review/clarifications required from tenderers, the contract could be let by end of February. The Reticulation contract could be let earlier but due to interrelationship of contracts should be let together.

Contracts, as let should be within the scheme budget (Note: $6.5M scheme estimate excludes GST).

The acquisition of the Effluent Disposal site occurred in the Government Gazette of 18^th January 2002 and the land vested in Kempsey Shire in the Government Gazette of 25^th January 2002.

Financial Implication

There are no financial implications from the following recommendation.

2002. 126 RESOLVED: Moved: Cl. Parkinson

Seconded: Cl. Sproule

That the community be informed of progress towards the provision of sewerage facilities for the village of Hat Head.

DBE 4 WEST KEMPSEY SEWAGE TREATMENT PLANT

FILE: S8-11 GRP (NRN) {Folio No: 228889}

SUMMARY:

Reporting on the deteriorating condition of the West Kempsey Sewage Treatment Plant.

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Following a report to Council in 2001 regarding sewerage facilities for Greenhill, the Consultants Cardno MBK were engaged to undertake a sewerage strategy study for the area, including the condition and suitability of West Kempsey Treatment Plant for current and future requirements.

The consultants undertook an analysis of the performance and physical condition of the treatment plant. A summary of their conclusions is attached as (Appendix B). Their bottom-line recommendation is that a new treatment plant be built within the next five years at an estimated cost in the order of $5.5 million.

It is unlikely that this project would be subsidised by the State Government, however, approaches are being made though DLWC to consider our situation.

Regardless, it would be prudent if Council began preparing to meet this significant cost by putting money into a sinking fund over the next 4 years. This would offset the need to borrow the total amount in 4 years time with consequent drastic repercussions on sewerage rates.

Although the Consultants recommended the old sanitary depot site (Council owned) as the best land to build a new treatment facility, other land has been identified as a more preferable site because it is well above 100-year flood level. The old Sanitary Depot site is only marginally above flood level and may cause concerns to the EPA.

The owner of the other land indicated some time ago that he was willing to sell this land to Council. The Sewerage Fund has money allocated in the current budget to purchase the land for an effluent re-use facility. If this land was purchased it could serve both purposes. It is also situated such that sewage could be readily pumped to the site and effluent returned to the existing disposal infrastructure.

There is also an allocation of $150,000 for refurbishment of the existing inlet works to the plant in the current budget. This work has been deferred due to the Consultant’s recommendation to build a new plant. It is suggested that part of this allocation could be re-directed to carry out a more detailed study of options for a new plant and associated whole-of-life costs, financing methods, etc. The remainder could be directed to commence the sinking fund.

Financial Implication

The financial implication of the following recommendations is:

1. An expenditure to purchase land at a price to be negotiated using funds allocated in the current budget.

2. An expenditure of approximately $25,000 in the short term from existing funds to engage a Consultant to carry out a more detailed options study and cost estimates.

3. A further expenditure of an estimated $5.5 million over the next 5-6 years to build a new sewage treatment plant, including annual deposition of funds into a sinking fund.

2002. 127 RESOLVED: Moved: Cl. Parkinson

Seconded: Cl. Bowell

1 That the General Manager commence negotiations for the acquisition of land suitable for use as a sewage treatment facility and report back to Council.

2 That Council engages a consultant to carry out a more detailed study of options and cost estimates.

3 That Council establishes a Sinking Fund for the purpose of building a new sewage treatment facility and contributes annually to reduce future loan requirements.

4 That Council redirects remaining 2001/02 funds for the inlet refurbishment to the sinking fund.

DBE 5 QUESTIONS WITHOUT NOTICE

FILE: C18-28 TLW (NRN) {Folio No: 228890}

SUMMARY:

Reporting on Questions Without Notice from Council meetings.

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Responses to Councillors Questions Without Notice from the Council meeting of the 11^th December 2001 are listed for information.

Councillor J Sproule

File S1-2 GBS (NRN) {Folio No. 226196}

1 That contact would be made with Mr Trevor Sergeant of Hastings Council regarding their holding of growers markets and the dates these are held so as to consider a similar project being conducted in Kempsey Shire at either the Showground or Saleyards.

Contact has been made with Mr Sergeant who confirmed that the first “Growers Market” will be held at Wauchope Showground on Saturday, 23^rd February 2002.

The Growers Market has been established so that rural producers can sell direct to consumers.

This concept was the subject of discussion at a “Regional Agribusiness Projects Co-ordination Meeting“ (sponsored by Department of State and Regional Development) held in Kempsey on 22^nd August 2001. Several areas were applying for funding and so as not to duplicate, and waste resources, it was agreed that the mid north coast region should apply for project funding for the whole area.

A trial of the growers market concept is being run at Wauchope and Coffs Harbour.

A Market Coordinator (Jane Adams) has been employed by Hastings Council, and whilst the primary emphasis is on the Hastings Valley, producers from the Kempsey area are invited to participate.

Mr Sergeant indicated that they would not be interested in holding growers markets in Kempsey at this stage.

Coffs Harbour has held an organic growers market but reports suggest that the produce available and the buyers did not eventuate.

An evaluation of these trials will be documented and spread throughout the region.

It is envisaged that the concept would not be introduced in Kempsey until the above trials are completed, the evaluation data distributed, and the format of the markets structured.

Some of the issues to be addressed include the coordination of producers, establishment of pricing structures, and the effect on established retailers.

A letter has been forwarded to Mr Grant Burrows, Agribusiness Development Manager, Department of State and Regional Development, to confirm Kempsey Shire Council’s interest in being included in the project.

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Responses to Councillors Questions Without Notice from the Council meeting of the 15^th January 2002 are listed for information.

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Councillor B R Sowter

1 That the Director Business Enterprises would advise if the pumps were removed from the Pump Station before the demolishment of the concrete housing along the Pacific Highway, Bellimbopinni.

The pumps, valves, pipework and switchboards in the old pump station at Bellimbopinni were abandoned and buried when the structure was demolished. This equipment was old imperial gear, which was not compatible with any other infrastructure. After inspection of the equipment and enquiries made, (spare parts were not available to even make it functional), the decision was made to bury it in-situ rather than spend a lot of money removing it for no good purpose

2 That the Director Business Enterprises investigate the removal of the concrete rubble from the old pump station along Pacific Highway Bellimbopinni, that is located on private property.

It is proposed to construct a re-chlorination facility on the site. This will comprise a small building, approx. 2m x 1m x 2m high on an area of fill to keep it above moderate flood height. The entire Council block of land will be fenced with a man-proof fence.

Any concrete rubble remaining from the demolition of the old building will be cleaned up and removed on completion of the new structure and fence.

3 That the Director Business Enterprises would investigate the concerns of lack of effluent water useage at Glenrock due to off-peak electricity availability.

The effluent re-use scheme has not been fully completed. The telemetry system which will control Council’s pump to maintain flow for irrigation has not been fully installed. There are some problems with communication links which are being addressed by the telemetry supplier in Sydney. The system has been made available to an adjacent landowner, Mr Paix, during the recent dry weather by operating the system manually.

The problem with the off-peak power is not Council’s, but Mr Paix’s decision. He has chosen to put his pump on an off-peak agreement which allows him to pump between 11pm and 6am on a very cheap tariff. Warren Hancock and Col Paix have discussed this situation and to make effluent available to Col Paix at those times, Warren turns on the Council pump every night at about 10pm via telemetry and turns it off in the mornings at about 7am when he gets to work. If Mr Paix puts his pump on a different tariff with the power company, he can have as much effluent as he can pump with the present system, 24 hours per day if he wants. This, however would cost him more for power. Obviously Council would welcome greater use of this facility.

4 That Director Business Enterprises would investigate the costing of water used on the roadway in the vicinity of the Saleyards.

Water drawn for use in conjunction with Second Lane roadworks was taken from a hydrant outside the Saleyards metered area.

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Financial Implication

There are no financial implications from this recommendation.

2002. 128 RESOLVED: Moved: Cl. Parkinson

Seconded: Cl. Sowter

That the information be noted.

DBE 6 FLEET MANAGEMENT

FILE: P6-3 GTS (NRN) {Folio No: 228895}

SUMMARY:

The Fleet Management Business Plan adopted by Council requires that Council be advised of Plant purchases each month.

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The following plant was purchased in January 2002.

Date

Dealership

New

P/No.

New Vehicle

Cost

21.01.02

Kempsey Toyota

V1952

Toyota Hilux 4x4 Dualcab Diesel

Water Services –

Technical Officer

$30,493.00

Financial Implications

All costs are covered by the Fleet Management Budget. (These prices include GST)

2002. 129 RESOLVED: Moved: Cl. Parkinson

Seconded: Cl. Hunt

That the information be noted.

DBE 7 WORKS IN PROGRESS

FILE: W1-2 GRP (NRN) {Folio No: 228896}

SUMMARY:

Reporting on works in progress.

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WATER SUPPLY

Normal operation and maintenance of Water Supply Pumping Stations and Treatment Plants continues.

Works completed during last 4 weeks

Nil.

Work Proposed for next 4 weeks

1. Meter Replacement Program – continues.

2. Cut in water main connection for new subdivision at Belle O’Connor Street, South West Rocks – awaiting contractor.

3. Roofing SWR Collection Tank and Willawarrin and Bellbrook reservoirs.

4. Install Meters on all bore pumps – continuing.

5. Replace main in Greenfield Avenue, Kempsey.

6. Replace main in Polwood Street, Kempsey.

7. Connect Trunk Mains – John Lane Pumping Station.

8. Construction of new re-chlorination plant at Bellimbopinni.

9. Construct new link main – Ledge Street, Hat Head.

MONTHLY WATER CONSUMPTION

2001	January 2002 Kilolitres
Belgrave Falls	19,815
Bellbrook	2,429
Crescent Head	85,540
Hat Head	25,939
Sherwood	Not available
South West Rocks	124,889
Stuarts Point	38,228
Willawarrin	2,667
Total Consumption	299,507

Connections for January – 14

SEWERAGE

Normal Operation and maintenance of sewage treatment plants and pumping stations continues.

Work Completed during last 4 weeks

1. Carry out dissolved oxygen tests on South West Rocks STW – complete.

Work Proposed for next 4 weeks

1. Construct Rising Main and pump station from Kempsey Pump Station 11A – 90% complete.

2. Repair faults found by Smoke Testing – continuing.

3. Take Crescent Head pasveer off line.

4. Crescent Head Pump Station refurbishment.

5. Sewer rehabilitation – South Kempsey.

6. Transport dried sludge from West Kempsey Sewerage Treatment Works – in progress.

2002. 130 RESOLVED: Moved: Cl. Parkinson

Seconded: Cl. Bowell

That the information be noted.

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GENERAL MANAGER’S REPORT

GM 1 CODE OF MEETING PRACTICE

FILE: C18-3 AVB (NRN) {Folio No: 228897}

SUMMARY:

To recommend changes to Council’s Code of Meeting Practice.

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Council at its January meeting made amendments to the Code of Meeting Practice. These changes are highlighted in the attached Code (Appendix A)

Council needs to adopt these changes to allow them to be placed on public exhibition for 28 days. The public have 42 days from the commencement of the exhibition period to make submissions to Council. The earliest that Council will be able to adopt the amended Code will be the April Council meeting.

Financial Implications

There are no financial implications arising from this report.

2002. 131 RESOLVED: Moved: Cl. Joukhadar

Seconded: Cl. Parkinson

That the amended Code of Meeting Practice be placed on public exhibition.

GM 2 COMMUNITY NEWSLETTER AND SURVEY

FILE: A3-8 MAM (NRN) {Folio No: 228898}

SUMMARY:

Reporting that a Community Newsletter and Customer Satisfaction Survey have been prepared and distributed to the public.

GGGGGG

Council’s Community Newsletter was published in the January 30, 2002 edition of the Macleay Valley Happynings. This four page publication was designed and written in house and focussed on Council’s achievements during 2001. Council’s new structure, crime prevention activities and the care of sporting fields were also highlighted in the report.

In addition, a two page Community Satisfaction Survey was published in the same edition. To be able to accurately compare data, the format was the same as has been used in the past two years. Copies of this survey have been distributed to ratepayers with their rate notices and are also available in the businesses throughout the Shire who are acting as collection points for the survey. A closing date of February 20 has been set for the return of completed surveys and the collated information should be available at the March meeting of Council.

Financial Implication

Community Newsletter $1,476

Survey $ 820

2002. 132 RESOLVED: Moved: Cl. Parkinson

Seconded: Cl. Bowell

That the information be noted.

GM 3 STATUS OF COUNCIL RESOLUTIONS

FILE: C18-2 AVB (NRN) {Folio No: 228899}

SUMMARY:

Reporting on the status of Council resolutions.

GGGGGG

Attached at (Appendix B) is the report on the status of Council resolutions.

Financial Implication

There are no financial implications arising from this report.

2002. 133 RESOLVED: Moved: Cl. Joukhadar

Seconded: Cl. Hunt

That the information be noted.

GM 4 IMPLEMENTATION OF 2001-2002 MANAGEMENT PLAN AND REVIEW OF OUTPUTS

FILE: A3-8 PJH (NRN) {Folio No: 228900}

SUMMARY:

Reporting on the implementation of Council’s 2001/2002 Management Plan.

GGGGGG

The Local Government Act 1993 requires that a report be submitted to Council within two (2) months of the end of each quarter as to the extent to which the performance targets set by the Management Plan have been achieved during that quarter.

Attached at (Appendix C) is a report on the achievements in respect to Council’s Key Performance Indicators for the quarter ended 31^st December 2001.

Review of Output Measures

Council at its meeting of 13^th November 2001 in noting the achievement of performance targets for the July-September 2001 quarter also resolved:-

“That the objectives within the Management Plan be reviewed so that meaningful outputs can be measured and that the review be completed before estimates for 2002”.

A review of the targets/performance measures has been conducted in conjunction with the relevant Directors and the following amendments are suggested.

PRINCIPAL ACTIVITY: LAND USE, PLANNING & DEVELOPMENT

Targets/Performance Measure

Suggested Amendment

Emergency situations responded to immediately

Delete. Difficult to clarify what is an emergency situation and what is immediate.

PRINCIPAL ACTIVITY: PUBLIC UTILITIES

Targets/Performance Measure

Suggested Amendment

Increase in the amount (kgs) of recyclables deposited compared to previous quarter/year.

Delete. Previous year not measured.

PRINCIPAL ACTIVITY: GOVERNANCE

Targets/Performance Measure

Suggested Amendment

Number of decisions of Council not implemented within 30 days.

Delete. Status of Council’s resolutions to be reported to Council on monthly basis.

Financial Implication

There are no financial implications arising from this report.

2002. 134 RESOLVED: Moved: Cl. Bowell

Seconded: Cl. Parkinson

1 That the achievement of performance targets set by the 2001/2002 Management Plan for the period to the end of the December 2001 quarter be noted.

2 That the amendments to the performance measures as detailed in the report be adopted.

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It was resolved earlier in the meeting to deal with Supplementary Director Engineering Report DE 1 Floodplain Management Program after the General Manager’s reports.

SUPPLEMENTARY DIRECTOR ENGINEERING REPORT

DE 1 FLOODPLAIN MANAGEMENT PROGRAM

FILE: FM326 APV {Folio No: 228917}

SUMMARY:

Reporting on proposed projects for submission to Department of Land and Water Conservation for 2002/2003 Floodplain Management Program.

Director Engineering Recommendation:

That the proposals outlined in the report for the 2002/2003 Floodplain Management Program be approved for submission to the Department of Land and Water Conservation.

2002. 135 RESOLVED: Moved: Cl. Bowell

Seconded: Cl. Hunt

That the Director Engineering recommendation be adopted with the addition of:-

That Council increase its proposed program by an additional $50,000 for recommencement of its Floodway Clearance Program.

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ABORIGINAL LIAISON COMMITTEE

12^th December 2001

File No: A1-2 DJM (NRN) {Folio No: 228901}

Report of the Aboriginal Liaison Committee meeting held in the Council’s Staff Training Room, West Kempsey, on Wednesday 12^TH DECEMBER 2001, commencing at 2:00 PM.

2002. 136 RESOLVED: Moved: Cl. Sproule

Seconded: Cl. Bowell

That the report of the Aboriginal Liaison Committee Meeting held on 12^th December 2001 be adopted.

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SALEYARDS COMMITTEE

21^st January 2002

File No: S1-2 RAB (NRN) {Folio No: 228902}

REPORT OF THE SALEYARDS COMMITTEE MEETING HELD AT THE KEMPSEY REGIONAL SALEYARDS ON 21^st JANUARY 2002, COMMENCING AT 2.50PM.

2002. 137 RESOLVED: Moved: Cl. Sowter

Seconded: Cl. Bowell

That the Report of the Saleyards Committee Meeting held on 21^st January 2002 be adopted.

2002. 138 RESOLVED: Moved: Cl. Sowter

Seconded: Cl. Bowell

That a Works Inspection be held of the Saleyards on a Thursday sale day, on a date to be decided by the General Manager.

GGGGGG

At this stage 4.33pm Councillor Joukhadar retired from the Chambers.

PLANT COMMITTEE

29^th January 2002

File No: P6-2 GBS (NRN) {Folio No: 228903}

REPORT OF THE MEETING OF THE PLANT COMMITTEE OF THE COUNCIL OF THE SHIRE OF KEMPSEY HELD ON TUESDAY, 29^th JANUARY 2002, IN THE COUNCIL CHAMBERS, KEMPSEY SHIRE COUNCIL, COMMENCING AT 2.00PM.

2002. 139 RESOLVED: Moved: Cl. Hunt

Seconded: Cl. Sproule

That the Report of the Plant Committee Meeting held on 29^th January 2002 be adopted subject to amendment of 5.5 part 2 to read “That a report on the quotations accepted be reported to the Committee”.

GGGGGG

AIRPORT COMMITTEE

30^th January 2002

File No: A5-2 GBS (NRN) {Folio No: 228904}

REPORT OF THE MEETING OF THE AIRPORT COMMITTEE HELD IN THE CIVIC CENTRE, ELBOW STREET, WEST KEMPSEY, ON WEDNESDAY 30^th JANUARY 2002, COMMENCING AT 2.30 PM.

2002. 140 RESOLVED: Moved: Cl. Bowell

Seconded: Cl. Hunt

That the Report of the Airport Committee Meeting held on 30^th January 2002 be adopted.

GGGGGG

QUESTIONS WITHOUT NOTICE

Councillor J H Bowell

Councillor Bowell was advised:-

File : T4-10 AVB (NRN) {Folio No. 229209}

1 That a Notice of Motion would be required for the nomination of a Councillor to the Coastal Council as advised through the Local Government and Shires Association.

File : G1-2 GBS (NRN) {Folio No. 229210}

2 That the Director Business Enterprise would check on the release of the schedule of waste services to the community.

File : C11-4, Copy C1-2 GBS (NRN) {Folio No. 229211}

3 That no advice had as yet been received regarding the outcome of Council’s motion to the Shires Association “A” Division conference in relation to Caravan Parks Levy and Loan Funds.

File : T9-4 NJT (NRN) {Folio No. 229212}

4. That the matter of school bus routes being via Stuart Street rather than Belgrave Street would be referred to the Traffic Committee.

File : R8-24 TLW (NRN) {Folio No. 229213}

5 That a concept plan was awaited from Country Energy regarding an improved lighting plan for the intersection of the Pacific Highway and Stuarts Point Road.

File : C11-4 AVB (NRN) {Folio No. 229214}

6 That the General Manager would be reporting to the next council meeting on representatives to attend the 2002 Local Government and Shires Association conferences.

File : F3-2 KJF (NRN) {Folio No. 229215}

7 That the Director Engineering would follow up on discussions with Nambucca Shire Council regarding rural fire service districts.

File : C18-35, Copy Y1 AVB (NRN) {Folio No. 229216}

8 That the National Suicide Prevention Strategy would be included in discussions proposed with the Federal Members Mr Mark Vaile MP and Mr Luke Hartsuyker MP scheduled for 28^th February 2002 at Council.

File : H2-13 TIH (NRN) {Folio No. 229217}

9 That Mental Health Services would be listed for discussion at the upcoming meeting arranged by the Director Corporate and Community Services with Mr Colin Jack, Director of Mental Health Services.

Councillor P J Parkinson

Councillor Parkinson was advised:-

File : M5 AVB (NRN) {Folio No. 229218}

1 That the Executive Assistant was arranging for the cleaning up after lunches at Council to be carried out by the caterers.

File : H2-13 TIH (NRN) {Folio No. 229219}

2 That the Director Corporate and Community Services would investigate through the local member Mr Andrew Stoner MP the recent NSW Government initiated a program on depression and the availability of funding under the program and the naming of the program the “black dog” program.

At this stage 4.42pm Councillor Joukhadar returned to the Chambers.

Councillor B R Sowter

Councillor Sowter was advised:-

File : FM322D KJF (NRN) {Folio No. 229220}

1 That the Director Engineering would investigate a badly leaking floodgate at McCabe’s Drain.

File : F4 BWC (NRN) {Folio No. 229221}

2 That the Director Environmental Services had arranged a letter to the Minister regarding professional fisherman netting in the Macleay River.

File : R8-2 KJF (NRN) {Folio No. 229222}

3 That the Director Engineering would investigate using the slope mower in Sutherlands Lane in locations where long grass is affecting sight distance of traffic.

File : W1-2 GBS (NRN) {Folio No. 229223}

4 That the pump well at Bellimbopinni would be buried and covered on site as it was not economical to remove it.

File : C18-4 AVB (NRN) {Folio No. 229224}

5 That in regard to Meeting Procedure if a Councillor seeks to discuss an item prior to moving any Motion to it a request can be made to the Mayor and Council could resolve to go into Committee for such discussions.

At this stage 4.45pm Councillor Parkinson retired from the Chamber and apologized for the remainder of the meeting.

Councillor J Sproule

Councillor Sproule was advised:-

File : * * {Folio No. *}

1 That the Director Environmental Services was aware of a letter from T & P Concrete regarding the removal of gravel at Temagog and was awaiting advice from the Department of Land and Water Conservation.

File : G1-3 GBS (NRN) {Folio No. 229225}

2 That the Director Business Enterprise would be seeking community group input regarding Clean Up Australia Day 2002.

File : R8-20 KJF (NRN) {Folio No. 229226}

3 That the matter of directional signage for Sherwood Estate Winery at the Kempsey Golf Club was a matter for negotiation between these two parties and a request by Sherwood Estate Winery for Highway Tourist Signs should be directed to the Director Engineering.

Councillor N Joukhadar

Councillor Joukhadar was advised:-

File : D5-2 GBS (NRN) {Folio No. 229227}

1 That the Director Business Enterprise was aware of the issue regarding stormwater at Memorial Avenue South West Rocks in the vicinity of Peter Need’s Pharmacy and this problem would be addressed in the long term in conjunction with works proposed for the South West Rocks CBD area.

File : R8-2 KJF (NRN) {Folio No. 229228}

2 That the Director Engineering would urgently investigate a large pot hole in Macleay Street Frederickton near the vicinity of Creek Street.

File : R8-20 KJF (NRN) {Folio No. 229229}

3 That the Director Engineering would have discussions with the RTA on the possible provision of signage at the entrances to Frederickton requesting truck drivers to limit noise of compression brakes.

Councillor T Hunt

Councillor Hunt was advised:-

File : C18-22 TIH (NRN) {Folio No. 229230}

1 That the Director Corporate and Community Services would investigate having a different venue than the Hall at Frederickton for the upcoming Community meeting due to the traffic noise.

Councillor J A C Hayes

Councillor Hayes advised the meeting:-

File : F5 KJF (NRN) {Folio No. 229232}

1 That a letter had been received from the State Emergency Services seeking Council support for having a “Macleay Flood Safe Week” from the 5^th to the 12^th of March 2002.

2002. 141 RESOLVED: Moved: Cl. Hunt

Seconded: Cl. Joukhadar

That this matter be dealt with at this meeting as it is deemed by the Mayor to be a matter of great urgency.

2002. 142 RESOLVED: Moved: Cl. Hunt

Seconded: Cl. Joukhadar

That Council support the Macleay Flood Safe Week promotion.

File : T6-01-339 RBP (NRN) {Folio No. 229233}

2 That a Rescission Motion had been lodged in relation to Council’s resolution at this meeting regarding item DES 4 Proposed Gravel Quarry Frederickton file T6-01-339.

File : C18-35 AVB (NRN) {Folio No. 229235}

3 That the meeting at Council with the Federal Members Mr Mark Vaile MP and Mr Luke Hartsuyker MP would be held on Thursday 28^th February 2002 at 3.00pm.

GGGGGG

MOTION FOR COMMITTEE

2002.143 RESOLVED: Moved: Cl. Sproule

Seconded: Cl. Joukhadar

That Council form itself into the Committee of the Whole, and at this stage the meeting be closed to the public to permit discussion of the confidential business items listed for the reasons as stated in the Agenda.

GGGGGG

REPORT OF THE MEETING OF THE COMMITTEE OF THE WHOLE

Upon resumption of Open Council, the following Report of the Committee of the Whole was submitted by the General Manager.

GGGGGG

DIRECTOR ENGINEERING

CONFIDENTIAL REPORT

DE 1 SALE OF LAND

FILE: LA10412 KJF {Folio No: 228905}

REASON FOR PRESENTATION OF REPORT ON A CONFIDENTIAL BASIS

This report was submitted on a confidential basis as it involved proposals for the sale of land. It contains information that would, if disclosed, confer a commercial advantage on a person with whom the council proposes to conduct business. Local Government Act 1993 Section 10A(2)(c).

RECOMMENDED: Moved: Cl. Sproule

Seconded: Cl. Sowter

That Lot 1711, DP703187, be sold for $20,000 to Everson’s Food Processors and that Council’s Seal be affixed to the transfer documents.

GGGGGG

Councillor Sowter declared an interest in the following item for the reason that he is mentioned in correspondence relating to one of the claimants and retired from the Chamber during discussion of that matter.

CONFIDENTIAL GENERAL MANAGER’S REPORT

GM 1 LEGAL MATTERS

FILE: L3-1 AVB (NRN) {Folio No: 228908}

REASON FOR PRESENTATION OF REPORT ON A CONFIDENTIAL BASIS

This report was submitted on a confidential basis as it involved advice concerning litigation or advice that would otherwise be privileged from production in legal proceedings on the grounds of legal professional privilege. (Local Government Act 1993, section 10A(2)(G)).

RECOMMENDED: Moved: Cl. Joukhadar

Seconded: Cl. Sproule

That the information be noted.

Councillor Sowter returned to the Chamber.

GGGGGG

ADOPTION OF REPORT OF THE COMMITTEE OF THE WHOLE

2002.144 RESOLVED: Moved: Cl. Hunt

Seconded: Cl. Bowell

That the foregoing recommendations of the Committee of the Whole, as reported by the General Manager, be adopted.

GGGGGG

CONCLUSION:

There being no further business, the Meeting terminated at 5.21 p.m.

GGGGGG

CONSIDERATION OF LATE REPORTS

Applicant: R & A Poschadel

Discussion

Options

Financial Implications

Heads of Consideration

BUILDING HEIGHT

Section 79c(1)(e) – Advertising

Objection Planning Comment

Bushfire Hazard

Planning Comment

FILE: S10-13 Councillor Hayes (NRN) {Folio No: 228846}

Financial Implication

There are no financial implications arising out of this report.

FILE: LA20004 Councillor Hayes

{Folio No: 228909}

Financial Implication

FILE: C18-25 Councillor Hayes (NRN)

{Folio No. 229236}

Financial Implication

There are no financial implications relating to this report.

Mayoral Recommendation:

That the information be noted.

FILE: LA20004 PJH {Folio No: 228882}

Resubmitted from Council Meeting - January 2002

Background

Need to formalise responsibility for the area

Club seeks to purchase the land

Financial Implication

File No: LA20004 PJH {Folio No: 228847}

File No: P12-3 MAM {Folio No: 228848}

FILE: I2-15 Councillor Hunt (NRN)

{Folio No: 228849}

FILE: H2-14 Councillor Hunt (NRN) {Folio No: 228850}

FILE: H2-14 Councillor Bowell {Folio No: 228851}

FILE: H2-14 Councillor Bowell {Folio No: 228911}

Bridge Options

A MONITORING

B SEDIMENT CONTROL

C LANDSCAPING/REHABILITATION

D BUSHFIRE MANAGEMENT

E METHOD OF EXTRACTION

F CHECK LIST

Background

North Coast Regional Environmental Plan

Traffic and Parking

Coastal Zone

LOCALITY

Conclusion

FILE: N1 KJF (NRN) {Folio No: 228871}

Land Tenure

Endangered Species Management

Public Liability

Future Maintenance

Track Erosion

“That provision be made within the:

At this stage 12.40pm Mr Kevin Gibson, Flood Manager, Department Land and Water Conservation, Coffs Harbour addressed Council regarding the cut back in funding for Flood Mitigation Program.

Councillor J H Bowell

File R8-2

Councillor B R Sowter

Councillor P Parkinson

Councillor P J Mainey

Councillor J H Bowell

Regional Roads

Sealed Rural Local Roads

Stuarts Point

PARKS AND SPORTING FIELDS

FLOOD MITIGATION

NOXIOUS PLANTS

FILE: FM326 APV {Folio No: 228917}

Lower Macleay Floodplain Management

FILE: A7-5 TIH (NRN) {Folio No: 228880}

FILE: LA 2633 TIH {Folio No: 228881}

APC

APC

FILE: LA20004 PJH {Folio No: 228882}

FILE: C18-22 TIH (NRN) {Folio No: 228883}

FILE: I2-17 Councillor Hayes (NRN) {Folio No. 229237}

FILE: A1-2 DJM (NRN) {Folio No: 228884}

CDEP