DUNGOG SHIRE COUNCIL
Minutes of the Extra Ordinary Meeting
30October 2007
TABLE OF CONTENTS
GENERAL MANAGER
1.Code of Conduct Complaint – Cr Watkins Against Cr Wall
2.Local Government Elections
3.Delegations of Authority
4.Local Government Training Institute
5.50th Anniversary of the Inauguration of Dungog Shire
6.Hunter Water & Council’s Water & Wastewater Operations
7.Staff – Industrial Award Negotiations
8.Williams River Community Pre-school Assoc Inc.
EXECUTIVE MANAGER – CORPORATE SERVICES
1.Updated Policy for the Payment of Expenses and Provision of Facilities
to the Mayor and Councillors
EXECUTIVE MANAGER – INFRASTRUCTURE & ASSETS
1.Town Works and Special Projects Priorities Listing
2.Clarence Town Swimming Pool
3.Paterson Reservoir
MANAGER – PLANNING
1.Dungog Memorial RSL Club Ltd
2.Dungog Shire Wide Development Control Plan No 1
CLOSED MEETING
GENERAL MANAGER
1.Staff – Industrial Award Negotiations
2.Williams River Community Pre-school Assoc Inc.
MINUTES OF THE EXTRA ORDINARY MEETING OF DUNGOG SHIRE COUNCILHELD AT DUNGOG SHIRE COUNCIL OFFICES ON 30OCTOBER 2007 COMMENCING AT 5.06PM.
PRESENT: The Mayor, Councillor G D Wall, and Councillors S T Low AM, M A Flannery, L D Mitchell, S B Farrow,E M Murrell and P C Trappel.
OFFICERS IN ATTENDANCE: C F Deasey, General Manager, S L Chandler, Executive Manager Corporate Services, T A G Wilson, A/Executive Manager Infrastructure & Assets, T F Gaff, A/Manager – Planning andT J Kavanagh, Manager - Environmental Services.
APOLOGIES: Cr J F Thompson
Minute No. 33697
RESOLVED on the motion of Cr Low and seconded by Cr Mitchell that the apology be accepted and leave of absence granted.
ABSENT: Cr B R Watkins
DECLARATION OF INTERESTS:
The General Manager declared that he had received the following Declaration:-
- Cr Wall declared a Non-Pecuniary and Conflict of Interest in Item no. 1 – General Managers Report as the subject of the complaint considered by the Conduct Committee
NOTICES OF MOTION: Nil
WITHDRAWAL OF ITEMS AND LATE ITEMS OF BUSINESS
The General Manager advised that the following late items of business are tabled for consideration at the meeting:
Item No’s. 6, 7 and 8 – General Managers report were included.
At 5.08 pm Cr Wall declared a Non-Pecuniary and Conflict of Interest in Item No. 1 General Managers report and left the Chambers. Cr Low assumed the Chair.
GENERAL MANAGER'S REPORT
Craig Deasey
1.CODE OF CONDUCT COMPLAINT – COUNCILLOR WATKINS AGAINST COUNCILLOR WALL
327/4
Minute No. 33698
RESOLVED on the motion of Cr Low and seconded by Cr Trappel thatthe Conduct Committee recommendations be adopted.
Cr Wall returned to the Chambers at 5.16 pm and resumed the Chair.
Craig Deasey
2. LOCAL GOVERNMENT ELECTIONS
34/1
Précis:
Reporting on correspondence from the NSW Electoral Commission.
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Minute No. 33699
RESOLVED on the motion of Cr Farrow and seconded by Cr Murrell that Council recognise the response provided to the NSWEC by the General Manager that a shared resource as offered is unacceptable.
Craig Deasey
3. DELEGATIONS OF AUTHORITY
290
Précis:
Reporting on the need to implement delegations of authority for the Mayor and Deputy Mayor.
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Minute No. 33700
RESOLVED on the motion of Cr Low and seconded by Cr Flannery that the Policy C1:26 Delegation of Authority - Mayor and Policy C 1:27 Delegation of Authority – Deputy Mayor be adopted by the Council.
Craig Deasey
4. LOCAL GOVERNMENT TRAINING INSTITUTE
45
Précis:
Reporting on developments as regards the proposed establishment of the training facility for Hunter Councils Inc.
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Minute No. 33701
RESOLVED on the motion of Cr Low and seconded by Cr Murrell that:
1.Dungog Shire Council enter into a guarantee of $67,781 for loan funding to be raised by Hunter Councils Inc. for the purpose of development of the proposed purpose built training facility.
2. The Common Seal of Council be duly affixed to the relevant documentation.
Craig Deasey
5. 50TH ANNIVERSARY OF THE INAUGURATION OF DUNGOG SHIRE
34/1
Précis:
Reporting on the forthcoming 50th anniversary of the inauguration of the Shire.
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Minute No. 33702
A MOTION was moved by Cr Flannery and seconded by Cr Farrow that:
1.The report be received and noted.
2.The Mayor and General Manager consider options for an official function to be held at the Council Meeting of 19 June 2008if appropriate or during Local Government Week.
3.Elected Member Service Awards for previous Mayors be arranged to be presented at the official function.
On being put the motion was carried.
Craig Deasey
6. HUNTER WATER & COUNCILS WATER WASTE WATER OPERATIONS
129/8
Précis:
Reporting on the meeting at Hunter Water’s offices on 29 October 2007.
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Minute No. 33703
A MOTION was moved by Cr Low and seconded by Cr Flannery that:
1.The report be received and noted.
On being put the motion was carried.
Cr Wall expressed his appreciation to all staff involved in the process to date.
Craig Deasey
7.STAFF – INDUSTRIAL AWARD NEGOTIATIONS
105
Précis:
Reporting on the outcome of discussions with the USU concerning Award variations.
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Minute No. 33704
RESOLVED on the motion of Cr Mitchell and seconded by Cr Flannery that the matter be considered in a Closed Session of the Council Meeting as the report is CONFIDENTIAL as it relates to personnel matters concerning particular individuals (other than Councillors).
Craig Deasey
8. WILLIAMS RIVER COMMUNITY PRE-SCHOOL ASSOC INC.
CLARENCE TOWN COMMUNITY CENTRE
279
Précis:
Reporting on matters concerning the future utilisation of the Clarence Town Community Centre.
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Minute No. 33705
RESOLVED on the motion of Cr Low and seconded by Cr Mitchell that the matter be considered in a Closed Session of the Council meeting as the report is CONFIDENTIAL as it relates to commercial information of a confidential nature that would if disclosed prejudice the commercial position of the person who supplied that information.
CORPORATE SERVICES DEPARTMENT
EXECUTIVE MANAGER'S REPORT
Shaun Chandler &Lyn Brighton
1. UPDATED POLICY FOR THE PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO THE MAYOR AND COUNCILLORS
290
Précis:
Reporting on the requirement for Council to update and review its policy on payment of expenses and the provision of facilities to mayors and councillors – additional annual reporting requirements and other matters.
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Minute No. 33706
RESOLVED on the motion of Cr Mitchell and seconded by Cr Farrow that:
1.Council adopt the updated policy C1:11 in accordance with DLG Circular 07-22
2.Council give public notice of its intention to allow 28 days for public submissions
3.If no submissions are received the policy be adopted and details are forwarded to the Director-General of the Department of Local Government.
INFRASTRUCTURE & ASSETS DEPARTMENT
EXECUTIVE MANAGER REPORT
Terry AG Wilson
1.TOWN WORKS AND SPECIAL PROJECTS PRIORITY LISTING
162/5
Précis:
This report addresses the need for Council to reprioritise the Special Projects and to include new projects where deemed necessary.
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Minute No. 33707
A MOTION was moved by Cr Low and seconded by Cr Mitchell that:
1.Items 1 to 10 of the report be added to the “Town Works Special Projects and Loan Borrowings Works list for 2007/08 together with the inclusion of the items relating to Clarence Town Pool heating - $1750, Clarence Town Community Centre roof and the Paterson Courthouse Museum roof repairs - $2400.
2.Staff further refine the works and costs in relation toItems 2, 3, 4 and 5 in consultation with community groups and as workload and time permits.
3.Staff report back to Council if refined works are outside of the budget.
On being put the motion was carried.
Terry Wilson
2.CLARENCE TOWN SWIMMING POOL
132/7
Précis:
This report is a consequence of Point 1 of Council’s resolution made on 18 October 2005 Minute No 32808:
“Council approve the repair of the Clarence Town Swimming Pool heating pumps in accordance with the Attack Air Conditioning quote of $4,281.97 (GST included) subject to investigating if the existing system can be replaced with a more efficient heating system by Attack Air Conditioning like the one at the Dungog Swimming Pool unless it’s considered cost prohibitive.”
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Minute No. 33708
RESOLVED on the motion of Cr Low and seconded by Cr Mitchell that:
- Council allocate $1,750 towards the supply and installation of a Heliocol Solar Heating System to the Clarence Town Swimming Pool.
- Council carry out a public relations exercise in promoting and showcasing this Council’s efforts in reducing green house omissions and its efforts in power savings.
Greg Horvath
3. PATERSON RESERVOIR
129/7
Précis:
Reporting on the progress of the construction of the steel reservoir at Paterson.
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Minute No. 33709
RESOLVED on the motion of Cr Low and seconded by Cr Flannery that:
- The report be received and noted.
- Council raise a loan facility to cover the difference between the actual final costs (estimated at $566,570) and the original vote ($270,000) against the Paterson Water Scheme for a maximum of 20 years with a fixed interest rate for the period of the loan.
- The General Manager be authorised to sign & affix the common seal of Council to the relevant documentation
MANAGER PLANNING
PLANNING DEPARTMENT
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Minute No. 33710
A MOTION was moved by Cr Wall and seconded by Cr Low that Standing Orders be suspended to allow members of the public to address Council.
On being put the motion was carried.
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Standing Orders were suspended at 5.51 pm.
Mr James Brook spoke against the recommendation of Item No. 1 Manager Planning’s report.
Mr Trevor Brooker spoke against the recommendation of Item No. 1 Manager Planning’s report.
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Minute No. 33711
A MOTION was moved by Cr Wall and seconded by Cr Low that Standing Orders resume at 6.00 pm.
On being put the motion was carried.
Tom Gaff
1. DUNGOG MEMORIAL RSL CLUB LTD – LOT 61 & 62 DP 591714 LORD STREET DUNGOG
DA 81/07
Précis
Development Application for a smoking deck at the Dungog Memorial RSL Club.
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Minute No. 33712
RESOLVED on the motion of Cr Trappel and seconded by Cr Farrow that the application be approved subject to the following conditions:-
Attachment A - Conditions of the Development Consent
This consent is subject to the following conditions:-
At All Times
- The smoking deck shall be monitored in accordance with the Management Plan prepared by Dungog Memorial RSL Club dated 28 September 2007.
General
2.All aspects of the building design shall comply with the applicable performance requirements of the BCA for a Classification of the building or structure so as to achieve and maintain acceptable standards of structural sufficiency, safety (including fire safety), health and amenity for the ongoing benefit of the community. Compliance with the performance requirements can only be achieved by:-
(a)complying with the deemed to satisfy provisions; or
(b)formulating an alternative solution which:-
(i)complies with the performance requirements; or
(ii)is shown to be at least equivalent to the deemed to satisfy provisions; or
(c)a combination of (a) or (b)
3.All building work must be carried out in accordance with the provisions of the Building Code of Australia.
4.All fees, Section 94 and other Contributions will need to be adjusted in accordance with Councils Fees & Charges applicable at the time of payment.
Reason: To ensure all Fees & Charges are paid at the correct rate at the time of payment.
5.The applicant shall ensure that arrangements are made for the Principal Certifying Authority, Council or Private Certifier, to carry out MANDATORY CRITICAL STAGE INSPECTIONS of the building at the stages indicated as follows in bold.
Request for inspections may be made either by telephone or in person.
Forty eight (48) hours notice must be given for inspections.
Applicants are required to nominate the relevant Construction Certificate Number and location prior to the inspection request being granted.
Note: MANDATORY CRITICAL STAGE INSPECTIONS are required to be carried out in order to ensure that an occupation certificate can be issued. In the event that any mandatory critical state inspection is not carried out, an occupation certificate cannot be issued.
Clause 163, Environmental Planning & Assessment Regulation 2000.
6.INSPECTION AT COMMENCEMENT OF BUILDING WORK.
Advice: The commencement of building work inspection may be carried out at the same time as the next mandatory inspection.
7.INSPECTION OF THE BUILDING OR STRUCTURE, WHEN COMPLETED, is required prior to occupation or use.
Note: It is an offence to occupy a building prior to the issue of an occupation certificate. Council may issue fines for the occupation of a building prior to an occupation certificate being issued.
Occupation & Subdivision Certificates cannot be issued by the PCA unless all pre-conditions of development consent have been complied with. (Section 109E(3)(e) and Section 109H).
THE PERSON HAVING THE BENEFIT OF THE DEVELOPMENT CONSENT OR THE BUILDER/OWNER BUILDER MUST GIVE FORTY EIGHT (48) HOURS WRITTEN NOTICE TO THE PRINCIPAL CERTIFYING AUTHORITY PRIOR TO COMMENCEMENT OF ANY BUILDING, DEMOLITION OR SUBDIVISION WORK.
8.The applicant shall comply with conditions of Development Consent No 81/2007 dated 30 October 2007 issued by Dungog Shire Council.
9.The building shall NOT BE USED OR OCCUPIED until completed and conditions of consent have been complied with and an Occupation Certificate has been issued.
10.A fire safety schedule pursuant to Section 168 of the EP & A Amendment Regulation 2000 will be attached to the construction certificate which specifies the fire safety measures that should be implemented in the building premises.
11.A fire safety certificate which certifies the performance of the implemented fire safety measures in accordance with Section 170 of the Regulation must be submitted to Council, and a copy to the Commissioner of New South Wales Fire Brigades. A further copy of the certificate must also be prominently displayed in the building.
12.At least once in each twelve (12) month period, fire safety statements in respect of each required essential fire safety measure installed within the building are to be submitted to Council. Such certificates are to state that:-
(a)the service has been inspected and tested by a person (chosen by the owner of the building) who is competent to carry out such inspection and test; and
(b)that the service was or was not (as at the date on which it was inspected and tested) found to be capable of operating to a standard not less than that specified in the fire safety schedule for the building.
Prior to Commencement
- A Construction Certificate must be applied for and issued.
Councillor Vote: For: Farrow, Low, Murrell, Trappel, Wall. Against: Flannery, Mitchell
Kristy Cousins
2. DUNGOG SHIRE WIDE DEVELOPMENT CONTROL PLAN NO 1
171/53/13
Précis:
Amendments to the Dungog Shire Wide Development Control Plan No 1.
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Minute No. 33713
RESOLVED on the motion of Cr Wall and seconded by Cr Mitchell that:
1.Council adopt the revised Shire Wide Development Control Plan.
2.The Council give public notification of the decision within 28 days in accordance with Clause 21(2) of the Environmental Planning & Assessment Regulation 2000.
CLOSED COUNCIL
Minute No. 33714
RESOLVED on the motion of Cr Wall and seconded by Cr Flannery that:
1.Council resolve into closed council to consider business identified, together with any late reports tabled at the meeting.
2.Pursuant to section 10A(1)-(3) of the Local Government Act 1993, the media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of section 10A(2) of the Local Government Act 1993.
3.The correspondence and reports relevant to the subject business be withheld from access to the media and public as required by section 11(2) of the Local Government Act 1993.
Council closed its meeting at 6.23 pm. The public and media left the Chamber.
The General Manager asked that all staff vacate the Chambers.
Executive Manager Corporate Services, A/Executive Manager Infrastructure & Assets, A/Manager Planning and Manager Environmental Services left the Chambers at 6.23 pm.
Minute No. 33717
A MOTION was moved by Cr Wall and seconded by Cr Flannery that Council move out of Closed Council and into Open Council.
Open Council resumed at 6.37 pm.
Executive Manager Corporate Services, A/Executive Manager Infrastructure & Assets and Manager Environmental Services returned to the Chambers at 6.37 pm. A/Manager Planning did not return to the Meeting.
The following resolutions of council while the meeting was closed to the public were read to the meeting by the General Manager.
GENERAL MANAGER’S REPORT
Craig Deasey
1.STAFF – INDUSTRIAL AWARD NEGOTIATIONS
105
Précis:
Reporting on outcome of negotiations between the USU and the LGSA in relation to Award variations.
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Minute No. 33715
RESOLVED on the motion of Cr Low and seconded by Cr Mitchell that:
1.Council concur with the outcomes of the negotiations between the USU and the LGSA and apply a pay increase to Council staff covered by the Councils Notional Agreement Preserving State Awards (Local Government State Award 2004) of 3.2% with a minimum payment of $22.00 plus increases in Award allowances.
2.The General Manager be delegated authority to execute an agreement between the Unions and Council on the basis of the LGSA template agreement.
3.The referral agreements be extended and the General Manager be delegated authority to execute such agreements on behalf of Council.
Craig Deasey
2. WILLIAMS RIVER COMMUNITY PRE-SCHOOL ASSOC INC.
CLARENCE TOWN COMMUNITY CENTRE
279
Précis:
Reporting on matters concerning the future utilisation of the Clarence Town Community Centre.
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Minute No. 33716
RESOLVED on the motion of Cr Low and seconded by Cr Farrow that:
1.The General Manager, Mayor and Deputy Mayor be delegated authority to negotiate relevant agreements on behalf of Council as regards potential use of the pre-school facility within the Clarence Town Community Centre.
2.In the event that there is a change in the operational use of the facility that the Constitution of the Clarence Town Community Centre Management Committee be amended and submitted to Council for adoption.
3.The contents of this report remain confidential until such time as the current tenant undertakes a Special Meeting of their Association and the outcome of that decision is known to Council.
4.The common seal of Council be affixed to any agreements as required.
5.The General Manager report back to Council once negotiations are finalised.
There being no further business the meeting terminated at 6.38pm.
Confirmed......
Date......
This is page number 1 of the Minutes of the Extra Ordinary Meeting of the Council of the Shire of Dungog, held Tuesday 30October 2007.