Minutes of the ordinary Council meeting - 25 September 2012

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the size of the land the shape of the land the topography of the land the location of the land the difficulty of providing public access to the land (Section 32 of the Local Government Act 1993 details the process) In both Scenario 1 and 2, public consultation is required before the land may be reclassified. Land Owned by Kempsey Shire Council Proposed to be Reclassified Periodic reviews of Council‟s land register occur as part of current operational practices or as part of longer term planning of Council‟s land assets. Cemeteries A recent review of all cemeteries has indicated that the majority of lands are Crown land over which Council has effective operational control. The operational control was passed to councils by the State following a 1967 amendment to the Local Government Act 1919. The Local Government Act 1993, at Section 48, confirms the operational control. As noted earlier in this report, Crown land is not required to be classified. However, Council has on prior occasions purchased land to add to existing operating cemeteries and on one occasion purchased land from a Church which had operated the cemetery. It appears that no action at the time of purchase was taken to classify these additions and by default these additional lands have received a “community” classification. Within the meaning ascribed by the Local Government Act 1993, Council has not adopted a Plan of Management for any of these additional lands. Longer term planning and the flexibility to adapt to changes in operational requirement means that cemeteries are better suited to an “operational” classification as distinct from a “community” classification. Landsborough Street, South West Rocks In 1994, Lot 8 DP9232 was purchased in Landsborough Street, South West Rocks, to add to the existing adjoining lots owned by Council. Lot 8 DP9232 was purchased specifically for economic development purposes. Lot 8 DP9232 contains a residential dwelling which is subject to a Residential Tenancy Agreement. At the time of purchase, no action was taken to classify the land and it has acquired a “community” classification by default. If Council was at some future time to reconsider the redevelopment of Lot 8 in conjunction with the adjoining “operational” lands, Lot 8 would need to be excluded from any redevelopment proposal until such time it is reclassified to “operational”. Land at „New Entrance‟ On 31 August 1987, the developers of the residential estate at New Entrance dedicated to Council an area of 4.83Ha for public recreation – Lot 24 DP748740. The amount of land dedicated was in excess of the requirements for the 1987 development. Thus, future residential development in the vicinity can use the excess land as a credit for future dedications. As a public park / recreation area, the dedicated land has received a “community” classification. Kempsey Shire Council FULL TEXT Minutes Ordinary Meeting 25 September 2012 Page 70
The dedicated land contains land at such an elevation that was the ideal site for the water reservoir that serves the residential estate. At present, the dedicated land is zoned for environmental protection as distinct from public recreation purposes with access to the dedicated land by means of an unformed Crown road. There are no embellishments on the land for public recreation purposes, although in the longer term, a viewing platform near the water reservoir may be an option. Convenient access by the public to the dedicated land is at present difficult and the current vegetation and topography are not inviting to the public for recreational pursuits. The difficulty in providing public access to the land combined with its topography are two criteria specified at Section 32 of the Local Government Act 1993 whereby a Council can resolve to reclassify the land. Furthermore, the dedicated land contains an item of Council operational infrastructure, namely a water reservoir. As such, an “operational” classification would be preferable. A change to an “operational” classification does not diminish the ability to embellish the land at some future time for public recreation purposes. For the reasons detailed in this report, it is recommended that the following lands be reclassified to “operational”: Lot 34 DP1033470 (extension to Frederickton cemetery) Lot 11 DP816589 (Euroka cemetery) Lot 36 DP1011989 (proposed Yarravel cemetery) Lot 8 DP9232 (Landsborough Street, South West Rocks) Lot 24 DP748740 (land at „New Entrance‟) 3.6 Tender for Bitumen Sealing and Asphalt Paving Works in Kempsey Shire Council Area – Tender No. T2012-005 File: T2012-005 3111 RJS SUMMARY A report outlining the outcome of the calling of tenders for bitumen sealing and asphalt paving works in the Kempsey Shire Council area for the period from 1 August 2012 to 30 June 2015. 2012. 294 RESOLVED: Moved: Cl. Green Seconded: Cl. Williams 1 That Council accepts the tender of SRS Roads Pty Ltd for Tender T2012-005 Separable Portion A (Sprayed Bituminous Seals) for the period from 1 August 2012 to 30 June 2015. 2 That the contract agreement be executed under the Seal of Council. 3 That no tender be accepted for Tender T2012-005 Separable Portion B (Asphaltic Concrete Paving). RECOMMENDATION IMPLICATIONS Kempsey Shire Council FULL TEXT Minutes Ordinary Meeting 25 September 2012 Page 71
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MINUTES OF THE ORDINARY MEETING OF
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8 CONSIDERATION OF REPORTS RELATING
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i) Measures to prevent potential co
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AND iii) iv) Measures to address po
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course, associated infrastructure n
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c) Council‟s agreement to provide
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xiv) xv) xvi) xvii) Details of how
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di) A Traffic Management Plan prepa
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12 The proponent shall be responsib
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Page 59 and 60: 15 COMMUNITY STRATEGIC AND MANAGEME
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Minutes of the ordinary Council meeting - 25 September 2012

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