mayoral minute - dungog shire council...ordinary meeting of the council of the shire of dungog, to...

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 19 February 2008 commencing 6.00pm.

MAYORAL MINUTE

Councillor G D Wall 1. PRESENTATION FROM THE TILLEGRA DAM COMMUNITY REFERENCE GROUP ECONOMIC & TOURISM DEVELOPMENT SUBGROUP

EF 07/75 Précis: A request has been received from the Chairman of the Tillegra Dam Community Reference Group, Mr. Brett Peterkin, asking Council’s consideration in allowing the TDCRG Economic & Tourism Subgroup who recently met with Minister Rees, to offer Council the same presentation at an open Council briefing session. Given that Council was supportive and involved with the establishment of the TDCRG this presents an ideal opportunity for the group to inform Council of proceedings. To date most briefing sessions and discussions with the TDCRG have involved Senior Staff and the Tillegra Dam Committee of Council. RECOMMENDATION That Council move into Committee of the Whole – Open Council, to allow the Tillegra Dam Community Reference Group, Economic & Tourism Subgroup to present to Council.


GENERAL MANAGER'S REPORT Craig Deasey 1. LIQUOR ACCORD EF 08/150 Précis: Reporting on the second meeting with licensees.

********** Council co-ordinated the second meeting of Licensees on 5 February 2008 with some people in attendance, aside from representatives from the Dungog LGA there were 2 licensees in attendance from the Stroud area. Those in attendance were briefed by Sergeant Barry Meyers of the Lower Hunter Area command and also Jamie Paras from the Office of Liquor, Gaming, Racing and Administration. It was agreed that the Accord be established under the name of The Dungog & District Liquor Accord, with Peter Gilbert (Secretary Manager Dungog RSL) being appointed as the Inaugural Chairperson. The Accord will initially operate under the guidelines that had been forwarded to all licensees. Council has committed to support the Accord through provision of secretarial support and Councillor representation on the Accord. Membership of the Accord is not just limited to licensees it can also include other businesses that may be impacted upon by alcohol related matters, other organisations that conduct annual events under the extension of a Hotel license. In view of the Stroud area being under the control of the Lower Hunter Area Command Council will also be inviting a Great Lakes Council Ward Councillor to participate in the Accord.

IMPLICATIONS Financial There are minor implications associated with the Accord, that could effectively be traded off against reductions in malicious damage to Council property. RECOMMENDATION That the report be received and the information noted.


Craig Deasey 2. TILLEGRA DAM UPDATE EF 07/75 Précis: Reporting on aspects associated with the proposed Tillegra Dam project.

********** Councillors it is advised that on 8 January 2008 NSW Planning issued the Director General’s Requirements to the Hunter Water Corporation in relation to the Tillegra Dam project. The requirements are available from the NSW Planning website should any Councillor wish to review them in more detail. On 16 January 2008 Minister Nathan Rees MP released media reports that the Premier The Hon Morris Iemma had approved the establishment of a Tillegra Dam Whole of Government Taskforce to facilitate communication between Council, Hunter Water and key government agencies in relation to the proposed Tillegra Dam project in particular the brief and issues for consideration are as follows: ROLE

• Facilitate communication between Dungog Shire Council and key Government authorities on matters that are outside the formal planning process for Tiilegra Dam

• It is not the role of the Whole of Government Reference Group to oversee the delivery of the Tiilegra Dam project or to duplicate existing processes/roles

ISSUES FOR CONSIDERATION

• Shire roads - roads not being assessed as Part, of the part 3A process • Planning processes - LEP matters etc • DSC Resource Officer - additional resource to assist DSC - report to the Whole of

Government Reference Group- pursue funding, assist with the coordination of Council staff on matters relevant to or impacted by Tiilegra project

• Economic and Development Opportunities • Community support programs where needs identified

The Taskforce will be chaired by Mr Ben Chard the Regional Coordinator for the Hunter from the Department of Premiers and Cabinet. Mr Brett Peterkin the Chairperson of the Tillegra Dam Community Reference Group has been appointed to the taskforce along with representatives from NSW Planning, Roads & Traffic Authority, Department Water & Energy and Department of State & Regional Development. Both the Mayor and myself have met with Mr Ben Chard on two occasions (24 January & 6 February) since the announcement to inform him of some of the wide ranging issues that need the attention of Government in relation to our community and to look at aspects of the project brief for Councils consultants.


Issues discussed included the local economy as there has been a direct impact on local business since the announcement and the state of the Councils road and bridge infrastructure as it is seen as an impediment to development and attracting new business. This is aside from aspects raised in relation to NSW Planning and the effective stagnation of development activity within the Shire due to the ever changing goalposts of the Department and other Agencies. It was emphasised of the need for some economic stimulus to occur within our community at the present moment. On 18 January 2008 Councils Executive Manager Infrastructure & Assets Mr Greg McDonald and Councils Operations Engineer Mr Steve Hitchens in conjunction with the Mayor and Deputy Mayor attended Hunter Waters office to review aspects of the road design for the Tillegra Dam area with Hunter Waters consultants Connell Wagner and Opus. On 1 February 2008 Councils acting Manager Planning Kristy Cousins and myself met with our consultants Planning Workshop Australia (Mr Garry Fielding) and also the Department of Premiers and Cabinet Mr Ben Chard and Ms Jennifer Collison to find out more in relation to the status of their work and ascertain issues that they may be encountering. It was intimated to Mr Fielding that they would be invited along to the Whole of Government meetings On 4 February 2008 Councils acting Planning Manager and myself attended a meeting at NSW Planning, that included officers from Hunter Water and their consultants from Connell Wagner, NSW Planning, Councils consultants Planning Workshop Australia Mr Garry Fielding and the Department of Premiers and Cabinet. This meeting provided an opportunity to receive an update from Hunter Water and their consultants on their current status, Hunter Water envisage that they will complete their environmental assessment report by July 2008 and would anticipate that such would go on exhibition in August. They anticipate the roll out of some reports within the next 2 months, the geotechnical reports by the end of February for peer review and April for the Dam construction design. Heritage investigations should be completed late April early May. The field work on the aquatic ecology has been completed. The infrastructure dilapidation assessment is currently underway, the preparation of the cemetery relocation plan is currently with the cemetery sub-group. On 13 February 2008 there will be a further meeting with NSW Planning and our consultants Planning Workshop Australia in conjunction with the Department of Premiers and Cabinet to review aspects of the project brief. The first meeting of the Tillegra Dam Whole of Government taskforce will meet at Munni House on 20 February 2008.

IMPLICATIONS Financial As Council would note there has been a number of Council resources engaged in consultation aspects of this project since early 2008 and this does have a direct impact upon the ability of Council to resource our other commitments to the community at large. RECOMMENDATION 1. That the report be received and noted. 2. That Council note the appointment of the Mayor and the General Manager to the

Tillegra Dam Whole of Government Reference Group.


Craig Deasey 3. STAFFING MATTERS EF 08/217 Précis: Reporting on outcomes of Council workshop.

********** This report is confidential in accordance with Sec 10 A (2)(a) of the Local Government Act (NSW) 1993 which permits the meeting to be closed to the public for business relating to the following:

(a) personnel matters concerning particular individuals (other than Councillors) RECOMMENDATION That the matter be considered in a Closed Session of Council as the report is CONFIDENTIAL as it relates to personnel matters concerning particular individuals (other than councillors),


Craig Deasey 4. DRAFT PLANS OF MANAGEMENT – PARKS, SPORTSGROUNDS AND GENERAL COMMUNITY USE EF08/177 Précis: Reporting on the implementation of Draft Plans of Management for Council’s Parks, Sportsgrounds and General Community Use Land.

**********

Section 36 of the Local Government Act 1993 requires Council to prepare Draft Plans of Management for all land classified as Community Land. The preparation of the Draft Plans of Management was also Recommendation 26 in the Local Government Promoting Better Practice Report. Three generic Plans of Management have been prepared encompassing all Council owned lands classified as Community Land – Parks, Sportsgrounds or General Community Use and to provide a broad policy framework for the future management of the land identified in the Plans. The Plans are provided as Annexure “A“. Site specific Plans will be developed as required. IMPLICATIONS Financial The Plans of Management do not have any financial implications. Statutory The Local Government Act 1993 requires Council to prepare a Plan of Management for all land classified as Community Land. Consultative In accordance with Section 38 of the Local Government Act 1993 the period of public exhibition of the draft plan must be not less than 28 days. The public notice must also specify a period of not less than 42 days after the date on which the draft plan is placed on public exhibition during which submissions may be made to the council.

RECOMMENDATION 1. That the Draft Plans of Management Community Land – Parks, Sportsgrounds and

General Community Use be exhibited for a period of not less than 28 days with submissions being received for a period of not less than 42 days.

2. If no submissions are received prior to the closing date of the submission period the

Draft Plans of Management be adopted.


ANNEXURE ‘A’ TO ITEM NO. 4 – GENERAL MANAGERS REPORT

DUNGOG SHIRE COUNCIL

Draft

Plan Of

Management

***

PARKS


Table of Contents

Introduction...................................................................................................................... 3

Land subject to this Plan of Management ....................................................................... 4

Category and classification of land.................................................................................. 4

Owner of the land ............................................................................................................ 4

Core objectives for management of community land categorised as a “park” ................. 4

Management objectives and performance target for the land ......................................... 5

How will Council achieve the objectives and performance targets? ................................ 5

How will Council assess its performance with respect to the objectives and performance targets in the plan?..................................................................................... 5 Leasing or licencing of the land....................................................................................... 5


Introduction

This generic plan of management has been prepared to form the basis for the future management of all community lands classified as Parks under the ownership or control of Council.

The Dungog Shire Council is responsible for the management of much of the publicly owned land in the shire. The Local Government Act 1993, as amended (the Act) requires Council to classify the lands as Operational or Community to restrict the alienation and use of the land. Operational land has no special restrictions other than those that may apply to any piece of land.

Classification as community land reflects the importance of the land to the community because of its use or special features. Generally, it is land intended for public access and use, or where other restrictions applying to the land create some obligation to maintain public access (such as a trust deed). The Act specifies restrictions intended to preserve the qualities of the land. Thus community land:

cannot be sold cannot be leased, licenced or any other estate granted over the land for more

than 21 years must have a plan of management prepared for it.

This Plan of Management provides a very broad policy framework for the future management of the land identified in the plan. It relies upon the completion of other planning processes and reference to other planning documents. The Plan is not intended to provide specific detail on management of a particular site. Other site specific plans may be developed as required.


Land Subject to this Plan of Management This plan of management applies to areas of land primarily used as parks as identified below:

PARK PROPERTY DESCRIPTION

LOCATION AREA

Clarence Town Memorial Park Lot A DP 372728

Cnr Grey & Queen Streets, Clarence Town 991 sq m

Bruyn Park Lots 4, 5 Sec 5 DP 758366 17 Mackay Street, Dungog 4126 sq m

Lions Park Lot 1 DP 21931 21 Scott Avenue, Dungog 500 sq mFrank Robinson Park Lot 213 DP 1057178 Stroud Hill Road, Dungog 9105 sq m

Fulton Park Lot 101 DP 585440 1556 Salisbury Road, Underbank 1012 sq m

Maxwells Creek Reserve

Lot 1 DP 1071128 Dungog Road, Wirragulla 7000 sq m

Bandon Grove Park Road Reserve Chichester Road, Bandon Grove

Phillips Creek Reserve Road Reserve Stroud Hill Road, Stroud Hill Dave Sands Memorial Road Deviation Chichester Dam Road, Bendolba Orana Park Lots 37, 38, 39, 40 DP

11562 32 Park Street, East Gresford 4452 sq m

Skipline Park Lot 101 DP 882385 23 Cory Street, Martins Creek 1880 sq m

John Tucker Park Lots 350 DP 591527, Lots 6, 7, 8, 9 Sec 2 DP 758830

17 Maitland Road, Paterson 2.1460 ha

Vacy Park Lot 42 DP DP 15187 Gresford Road, Vacy 872.6 sq m Category and Classification of Land

Each piece of land covered by this plan is currently classified as Community Land under the Act and is further categorised as a Park.

The categorisation of the land as a park is consistent with clause 104 of the Local Government (General) Regulation 2005 “Guidelines for categorisation of land as a park”. The clause states:

Clause 104 – “Land should be categorised as a park under section 36(4) of the Act if the land is, or is proposed to be, improved by landscaping, gardens or the provision of non-sporting equipment and facilities, for use mainly for passive or active recreational, social, educational and cultural pursuits that do not unduly intrude on the peaceful enjoyment of the land by others”. Owner of the Land

The lands are owned by Dungog Shire Council.

Core Objectives for Management of Community Land Categorised as a “Park”

Section 36(G) of the Act provides the core objectives for management of community land categorised as a Park. The core objectives are:


a) to encourage, promote and facilitate recreational, cultural, social, and educational pastimes and activities, and

b) to provide for passive recreational activities or pastimes and for the casual playing of games, and

c) to improve the land in such a way as to promote and facilitate its use to achieve the other core objectives for management.

Management Objectives and Performance Target for the Land

The management and performance target for the land is as follows.

To ensure the landscaping, fencing and fixtures within parks are maintained in an acceptable state, such that the parks are a welcoming place to visit

How will Council Achieve the Objectives and Performance Targets?

Strategies for achieving the objectives and performance targets are:

Including parks in the Council’s regular inspection and maintenance schedule, for example; lawn mowing, maintenance of landscaping, equipment checking and the like.

Undertaking annual condition audits of parks and equipment to identify public safety issues for rectification.

Implementing Council’s annual capital works program as detailed in the Council Management Plan.

How will Council Assess its Performance with Respect to the Objectives and Performance Targets in the Plan?

The Council will assess its performance with respect to the objectives and performance targets in this plan, by:

A regular internal review (random audit) of inspection and maintenance records, and

Keeping a register of community comments and complaints, and the Council’s response, and

Regular review by Manex of capital works program.

Leasing or Licencing of the Land

The Council may grant a lease, licence or other estate over the land or building on the land. The lease may be for any purpose commensurate with use of the land as a park.

If a lease or licence is intended to be granted for a period of greater than 5 years, the Council will put that lease to tender pursuant to the provisions of section 46A(3) of the Act.



Draft

Plan of

Management

***

SPORTSGROUNDS


Table of Contents

Introduction...................................................................................................................... 3

Land subject to this Plan of Management ....................................................................... 4

Category and classification of land.................................................................................. 4

Owner of the land ............................................................................................................ 4

Core objectives for management of community land categorised as a “sportsground” ... 4

Management objectives and performance target for the land ......................................... 5

How will Council achieve the objectives and performance targets? ................................ 5

How will Council assess its performance with respect to the objectives and performance targets in the plan?..................................................................................... 5 Leasing or licencing of the land....................................................................................... 5


Introduction

This generic plan of management has been prepared to form the basis for the future management of all community lands classified as Sportsgrounds under the ownership or control of Council.



cannot be sold cannot be leased, licenced or any other estate granted over the land for more

than 21 years must have a plan of management prepared for it.



Land subject to this Plan of Management

This plan of management applies to areas of land primarily used as sportsgrounds as identified below;

SPORTS FIELD PROPERTY DESCRIPTION LOCATION AREA

Clarence Town Tennis Courts Lot 11 Sec 7 DP 758250

128 Prince Street, Clarence Town 2023 sq m

Reg Ford Oval Lot 32 DP 627020 41-51 Queen Street, Clarence Town 1.2 ha

Lots 1, 2, 3, 4 DP 79439 118 King Street, Clarence Town 8511 sq m

Lot 20 Sec 2 DP 758250 11 Grey Street, Clarence Town 1669 sq mPony Club Ground

Lot 21 Sec DP 758250 9 Grey Street, Clarence Town 1669 sq m

Clarence Town Swimming Pool Lot 3 Sec 6 DP 758250

23 Durham Street, Clarence Town 2023 sq m

Dungog Netball Courts Lot 152 DP 564688 73-79 Mackay Street, Dungog 4629 sq m

Gresford Sporting Complex Lot 42 DP 706473 2 Gresford Road, East Gresford 2.831 ha

Martins Creek Tennis Club Lot 270 DP 615051 27 Cory Street, Martins Creek 3682 sq m

Park Vacy Lots 50, 51, 52, 53, 54 DP 15187 790 Gresford Road, Vacy 3410 sq m

Vacy Sportsground Lot 100 DP 1009577 790 Gresford Road, Vacy 1.463 ha

Category and classification of land

Each piece of land covered by this plan is currently classified as Community Land under the Act and is further categorised as a Sportsground.

The categorisation of the land as a sportsground is consistent with clause 103 of the Local Government (General) Regulation 2005 “Guidelines for categorisation of land as a sportsground”. The clause states:

Clause 103 – “Land should be categorised as a sportsground under section 36(4) of the Act if the land is used or proposed to be used primarily for active recreation involving organised sports or the playing of outdoor games”. Owner of the land

The lands are owned by Dungog Shire Council. Core objectives for management of community land categorised as a “Sportsground”

Section 36(F) of the Act provides the core objectives for management of community land categorised as a Sportsground. The core objectives are:

a) to encourage, promote and facilitate recreational pursuits in the community involving organised and informal sporting activities and games, and

b) to ensure that such activities are managed having regard to any adverse impact on nearby residences.


Management objectives and performance target for the land


To ensure the playing fields, landscaping, buildings and fixtures within the sportsground are maintained in an acceptable state, such that the sportsground is a welcoming place to visit

Provide multi-functional facilities that maximise both structured and unstructured recreational opportunities that are in keeping with the objectives and function of the site and the zoning of the land.

Provide recreational facilities giving equity of access to the whole of the community.

How will Council achieve the objectives and performance targets?


Including the sportsground in the Council’s regular inspection and maintenance schedule, for example; lawn mowing, shrub trimming, equipment checking and the like.

Undertaking annual condition audits of the sportsgrounds and equipment to identify public safety issues for rectification.

Consulting with user groups when developing management plans or proposing upgrading works.

Implementing Council’s annual capital works program as detailed in the Council management plan.

How will Council assess its performance with respect to the objectives and performance targets in the plan?




Regular review by Manex of capital works programs. Leasing or licencing of the land

The Council may grant a lease, licence or other estate over the land or building on the land. The lease may be for any purpose commensurate with use of the land as a sportsground.

If a lease or licence is intended to be granted for a period of greater than 5 years, the Council will put that lease to tender pursuant to the provisions of section 46A(3) of the Act.



Draft

Plan Of

Management

***

GENERAL COMMUNITY USE

LAND


Table of Contents

Introduction...................................................................................................................... 3 Land subject to this Plan of Management ....................................................................... 4 Category and classification of land.................................................................................. 4 Owner of the land ............................................................................................................ 4 Core objectives for management of community land categorised as “general community use” .............................................................................................................. 4 Management objectives and performance target for the land ......................................... 5 How will Council achieve the objectives and performance targets? ............................... 5 How will Council assess its performance with respect to the objectives and performance targets in the plan? .................................................................................... 5 Leasing or licencing of the land....................................................................................... 5


Introduction

This generic plan of management has been prepared to form the basis for the future management of all community lands under the ownership or control of Council that are classified as General Community Use.



cannot be sold cannot be leased, licenced or any other estate granted over the land

for more than 21 years must have a plan of management prepared for it.



Land subject to this Plan of Management

This plan of management applies to areas of land primarily used for General Community Use as identified below;

SITE PROPERTY DESCRIPTION

LOCATION AREA

Clarence Town War Memorial Lot 1 DP 301504

27 Grey Street, Clarence Town 20.9 sq m

Clarence Town Museum Lot 20 DP 729796 115 Prince Street, Clarence Town 2138 sq m

Unnamed Por 243 DP 752497 Clarence Town Road, Clarence Town 9586.3 sq m

Unnamed Lot 246 DP 752497 Clarence Town Road, Clarence Town 3.148 ha

Dungog Historical Museum Lots 1, 2 DP 1058729

105 Dowling Street, Dungog 322.5 sq m

War Memorial – Cenotaph Lot 1 DP 795630 98 Lord Street, Dungog 63 sq mUnnamed Plt 9 Sec 8 DP 758366 291 Dowling Street, Dungog

Abt 1037 sq m

Unnamed Lot 33 DP 1068717 30 Hillview Avenue, Dungog 530.7 sq m

Visitors Information Centre Lot 10 DP 862259

191 Dowling Street, Dungog 356 sq m

Melbury Cemetery Access Lot 1 DP 1017979 Salisbury Road, Salisbury 1902 sq m

Unnamed Lots 14, 16 DP 883549 575 Main Creek Road, Main Creek 9807 sq m

Unnamed Lot 143 DP 1021315 Dungog Road, Wallarobba 8902 sq m

Unnamed Lot 1 DP 791384 1 Short Street, Dungog 2143 sq mUnnamed Lots 60, 61 DP 598352 85 Common Road, Dungog 5121 sq m

Unnamed Lots 4, 5 DP 253661 Bingleburra Road, Bingleburra 1.196 ha

Unnamed Lot 20 DP 1089414 Melbee Circuit, Dungog 18.44 haUnnamed Lot 72 DP 1054070 28 Melbee Circuit, Dungog 833.2 sq m

Ramstation Quarry Plt 1 DP 256270 1429 Stroud Hill Road, Stroud Hill 1.36 ha

Unnamed Lot 101 DP 600077 35 Church Street, Gresford 4286 sq m

Bushfire Shed – Eccleston Lot 1 DP 870820 2429 Allyn River Road, Eccleston 535 sq m

Belgrave Cemetery Lot 1 CEM 914042 Allyn River Road, Eccleston 8094 sq m

Gresford Works Depot Lot 1 DP 562046 130 Durham Road, Gresford 8094 sq m

Camyr Allyn Quarry Lot 91 DP 521113 31 Lewinsbrook Road, East Gresford 1.99 ha

Unnamed Lot 1 DP 195157 1098 Tocal Road, Paterson 1499 sq m

Webbers Creek Reserve Lot 111 DP 1040928 Tocal Road, Paterson 6183 sq mUnnamed Lot 1 DP 159001 Summer Hill Road, Vacy 1.29 haWar Memorial Green Road Reserve Gresford Road, Vacy


Category and classification of land Each piece of land covered by this plan is currently classified as community land under the Act and is further categorised as General Community Use.

The categorisation of the land for General Community Use is consistent with clause 104 of the Local Government (General) Regulation 2005 “Guidelines for categorisation of land as general community use”. The clause states:

Clause 104 – “Land should be categorised as general community use under section 36 (4) of the Act if the land:

(a) may be made available for use for any purpose for which community land may be used, whether by the public at large or by specific sections of the public, and

(b) is not required to be categorised as a natural area under section 36A, 36B or 36C of the Act and does not satisfy the guidelines under clauses 102–105 for categorisation as a natural area, a sportsground, a park or an area of cultural significance.” Owner of the land

The lands are owned by Dungog Shire Council. Core objectives for management of community land categorised as a “general community use”

Section 36(I) of the Act provides the core objectives for management of community land categorised as a general community use.

The core objectives for management of community land categorised as general community use are to promote, encourage and provide for the use of the land, and to provide facilities on the land, to meet the current and future needs of the local community and of the wider public:

(a) in relation to public recreation and the physical, cultural, social and intellectual welfare or development of individual members of the public, and

(b) in relation to purposes for which a lease, licence or other estate may be granted in respect of the land (other than the provision of public utilities and works associated with or ancillary to public utilities). Management objectives and performance target for the land


To ensure the facilities, landscaping, buildings and fixtures within the land are maintained in an acceptable state, such that the site is a welcoming place to visit.

Provide multi-functional facilities that maximise both structured and unstructured recreational and cultural opportunities that are in keeping with the objectives and function of the site and the zoning of the land.

Provide recreational and cultural facilities giving equity of access to the whole of the community.


How will Council achieve the objectives and performance targets?


Including the land in the Council’s regular inspection and maintenance schedule, for example; lawn mowing, shrub trimming, equipment checking and the like.

Undertaking annual condition audits of the site, equipment and building assets to identify public safety issues for rectification.

Consulting with user groups when developing management plans or proposing upgrading works.

Implementing Council’s annual capital works program as detailed in the Council management plan.

How will Council assess its performance with respect to the objectives and performance targets in the plan?




Regular review by Manex of capital works program.

Leasing or licencing of the land

The Council may grant a lease, licence or other estate over the land or building on the land. The lease may be for any purpose commensurate with use of the land as a park. If a lease or licence is intended to be granted for a period of greater than 5 years, the Council will put that lease to tender pursuant to the provisions of section 46A(3) of the Act.

lynbFile AttachmentAnn A to 4 GM.pdf


Greg Fenwick

5. DUNGOG FILM FESTIVAL 2008 EF 08/7 Précis: Reporting on the request by the organisers of the 2008 Dungog Film Festival for support from Council for this event.

********* Introduction Following a presentation by the festival organiser, Allanah Zitserman, to Council on 18 December, 2007 a detailed request for support was received outlining the various facets of the festival that were in need of assistance. The supporting documentation summarised the outstanding level of sponsorship and support that has already been secured for the event, the event activities and associated aims for the restoration of the James Theatre. Support for the 2008 Dungog Film Festival has been requested for the following areas: • Accommodation for VIP’s • James Theatre Equipment Rental • Cinema Electricity • Festival Security • Transport Services with Shelton Buses • Anglican Church Hall Rental • CWA Hall Rental • Street Decorations / Banners • Assistance with Posters, artwork, postcards, etc As a major aim of the festival is to facilitate the restoration of the James Theatre council assistance has also been requested to provide a project manager for the restoration work and a Heritage consultant to ensure that all work is performed in an acceptable manner. As the restoration project is to be staged over a 2-3 year period this would not represent a full time allocation but would require a significant input to ensure the volunteer workforce is well catered for during work periods. The aspects that have not been factored into this project are the provision and use of equipment during the restoration process which could involve significant repair and/or replacement costs. Explanatory Notes Accommodation A major expense to the festival organisers is ensuring that major supporters, film industry VIP’s and celebrities are accommodated at suitable locations. This was an important weekend for the tourism operators in the region for the 2007 Film Festival as most accommodation was booked in the area. Many casual guests have already rebooked for the 2008 festival dates and many operators have held rooms for the festival at the request of the VIC, on behalf of the festival organisers. It is estimated that accommodation expenses for the 2007 festival were approximately $7000. Total expected cost = $7000


James Theatre Equipment Rental The current arrangements at the James Theatre would indicate that the festival organisers will need to deal directly with the Cinema operators who own this equipment. The two parties involved have come to an agreement for the equipment use for the festival and the James Theatre Committee will oversee the arrangements. The cinema operators will be operating the candy bar area at the theatre during the Film Festival. Cinema Electricity The use of air conditioning for either heating or cooling will be essential for approximately 15 hours per day (plus Thursday evening). With expected visitation of approximately 5000 admissions during the weekend this issue should be resolved with the James Theatre committee which is responsible for the operation of the centre. It is likely that the Theatre will receive the major benefit from the sponsorship arrangements with Boral over the next 3 years and discussions with the committee should ensure that these benefits far outweigh the short term expenses incurred during the Festival weekend. Total expected (standard) cost = $350 (based on 2007 account) Festival Security Security has been costed at approximately $35 per hour per guard for the duration of the shifts that the guards were deployed plus a travel allowance to Dungog. As there are firms available no closer than 45 minutes travel, a minimum travel time of 2 hours would be necessary. With a minimum expected 15 man hours per day for 3 days the approximate expense of this service would not be less than $1500. Rosters would allow for 2 guards on staggered shifts to ensure that all equipment and locations were under adequate surveillance when not in use. This would include the area used by Apple computers and Adobe for the special effects workshops and would include a general coverage of Dowling Street around licensed areas. It is expected that adequate security would be a condition on any special event liquor license issued for the film festival weekend. Total expected cost = $1700 Transport Services There is a probable need for a public transport service to operate during the festival weekend to ensure that all guests of the festival are able to travel safely and adequately between various festival locations. There would also be a need to transport guests to special VIP functions planned for locations throughout the district, this would be organised by the festival director as a portion of the special events program. Discussions with the festival organisers and Shelton’s Buses are necessary to determine the real demand for this service and the best way to plan the necessary services. A limited service may be necessary for the VIP’s that travel by Country Link to the festival and will therefore be without a vehicle. More details are necessary from the Festival organisers to determine this.


Total cost (not less than) = $1000 Anglican Church and CWA Hall rental fees The use of these facilities is a bonus to the organisers of the festival as it will allow workshops and seminars to be held within a close proximity to the theatre. As the hall hire fees are very reasonable a specific request to assist in these minor issues should not be a major concern. Total expected cost = $300 ($150 each) Street decorations and banners To effectively create a festival atmosphere in Dungog town centre it will be necessary for the majority of businesses to support the event and be willing to adopt a theme for the duration of the weekend. If the use of banners or flags was going to be effective it would be necessary to place at least 20 suitable banners on electricity poles along Dowling Street and into Brown Street. Lightweight banners, created especially for the town, poles and brackets to attach the banners to power poles would cost in the vicinity of $180 per pole, a total cost of $3600. If individual sponsors names are to appear on specific film festival banners this cost would increase and the use of the banners would be extremely limited, for this reason a more generic form needs to be adopted. Total Expected Cost = $3500 Assistance for posters, artwork and postcards The actual requirements will need to be determined on a case by case basis but some (in kind) support should be affordable where standard copying facilities are required. Photographic or colour copying will not be available through council as there are no facilities available for these purposes. If the required artwork is available with sufficient notice Hunter Council’s and Lake Macquarie City Council printing services may be able to provide some service in this area. Total expected cost = $500 Total (estimate) = $14,350 The additional services of a site supervisor for the James Theatre restoration project and the services of a suitable heritage advisor have not been included in this estimate as the full scope of works and a suitable timetable have not been discussed in detail. The availability of suitable volunteers and the value of any sponsorship deal to the project have not yet been quantified but it is expected that this detail will be confirmed by the festival director in February. The heritage advisor currently working with Dungog Shire Council could be expected to offer a report and inspections on the project for approximately $500 - $1000 dependent on the level of work to be undertaken.


IMPLICATIONS Financial As Council’s financial commitment to events throughout the shire has been included in the current Budget allocations there are no further financial implications to this report (as presented). Statutory There are no statutory implications to this report. Environmental The heritage impact of the proposal to carry out work at the James Theatre is expected to be beneficial to the building and the overall heritage precinct in the Dungog town centre. Community The community will benefit through the improvements to the James Theatre / community centre as the overall project will improve the quality of the amenity offered and will encourage more community participation in the future activities or events held there. Consultative There are no consultative implications to this report. RECOMMENDATIONS 1. Council staff works with the James Theatre Committee to ensure that the issues

currently surrounding the use of the premises and the privately owned projection equipment do not interfere with the successful staging of the Dungog Film Festival.

2. Prior to any work being planned for the renovation of the James Theatre, Council’s

Heritage Adviser is consulted to ensure that the aims of the project are compatible with the Heritage aspects of the site.

3. Council has already committed to a budget allocation to Shire wide events and the

distribution of these funds needs to be determined by the Dungog Shire Events Inc. Committee. The Committee will need to determine the level of funds that can be committed to the 2008 Dungog Film Festival taking into account the success of the 2007 event.

4. That the Economic Development & Tourism Coordinator continues to work with the

Dungog Film Festival organisers to ensure that Council’s commitment to events throughout the Shire, including the Film Festival, is effectively managed.


Greg Fenwick 6. SHIRE WIDE DEVELOPMENT CONTROL PLAN – SIGNAGE EF 08/218 Précis: Reporting on the need for a separate development control plan which outlines the approval processes relating directly to advertising signs throughout Dungog Shire.

********** Managing the effective display of advertising signs throughout the Shire is a process that has been guided by controls contained within various sections of DCP No.1, The Shire Wide Local Environment Plan and NSW State Environmental Planning Policy 64 (SEPP 64). This variety of information sources has caused many businesses within the Shire to misinterpret the necessary requirements when erecting various external advertising displays and the resulting confusion has created an unnecessary demand on council resources. Following an investigation into the numerous issues associated with signage throughout NSW, and in collaboration with staff from various council departments, the information contained in Attachment “1” to this report has been prepared to allow the correct information to be provided in a single council document. The creation of a Development Control Plan for signage allows for the most efficient management of the State Environmental Planning Policy 64 (– Advertising and Signage) as SEPP 64 prevents council from considering certain high visual impact signs unless there is a Development Control Plan in place. The attached proposal will act to supersede the various sections of DCP No.1 which relate to signage, including the exempt developments, all of which are included in this document. As there is a direct reference to SEPP 64 in the attached proposal all high impact signage will be assessed in accordance with SEPP 64, other local signage will be considered under exempt or complying development guidelines. IMPLICATIONS Financial There are no direct financial implications to this report. Statutory If accepted this report will require that a draft Development Control Plan is placed on public exhibition for a minimum of 28 days prior to a final document being accepted by Council. Environmental There are no direct environmental implications to this report. Community The proposed outcomes from this report will allow easier interpretation of the requirements, and subsequent determination, for the erection of signage and advertising within Dungog Shire.


Consultative The draft document will be placed on Public Exhibition to ensure that the community has the opportunity to consult with Council prior to the acceptance or otherwise of a new Development Control Plan for Signage and Advertising. RECOMMENDATION Pursuant to the provisions of the Environmental Planning and Assessment Act 1979 (as amended) Council exhibit the Draft Signage Development Control Plan as attached.


Greg Fenwick 7. ACF SITE – LOT 22, 2266 STROUD HILL ROAD TPA 2062 / 11 Précis: Reporting on the progress of the proposed sale of this property as reported to Council in a confidential report in November 2007.

********** As a result of an enquiry to progress with a commercial development on the property known as Lot 22, 2266 Stroud Hill Road, council officers investigated the proposed operation and began negotiations with the proponent to purchase the property, which is owned by Dungog Shire Council. The proposal included the milling, drying and distribution of specialised, locally grown timber by a private company, operating within a sustainable business model designed to increase the return to all levels of the timber industry involved. Initially the operation was to provide employment for a small number of people, but more importantly provide a hub for the future development of more specialised timber product industries in the area. The proponent had negotiated an acceptable offer for the purchase of the property, which was approved by the Mayor and General Manager, and solicitors were instructed to draw up contracts for the sale of the property. Throughout this time the proponent had continued to develop their business plans and the subject property was considered to offer some constraints for the operation due to the noise levels that could be expected at a nearby residential property. This issue, combined with future expansion plans, created a situation where the proponents made the decision to withdraw from negotiations prior to the exchange of contracts. At this stage the sale of this property will not proceed. It should be noted that the proponent remains interested in developing this project during the next 12 months on a larger block in the Dungog area and will continue to liaise with Council to develop future proposals. IMPLICATIONS Financial There are no financial implications to this report except for the loss of proceeds to Council from the successful sale of the subject property. Statutory There are no statutory implications to this report. RECOMMENDATION That council accepts this report and remains informed on the progress of any future negotiations to attract similar developments to the Dungog Shire.


Cr Glenn Wall 8. REPORT OF CONDUCT COMMITTEE EF 07/21 Précis: The Conduct Committee has met to consider a complaint against Councillor Bruce Watkins. The findings of the Committee and subsequent recommendations are detailed within this report to Council.

************* Cr. G. D. Wall, as the Mayor received a written complaint from the General Manager, Mr. Craig Deasey, against Cr. Bruce Watkins. The GM’s letter of complaint is attached as Annexure A. The complaint was referred to the Conduct Committee by Cr. Wall. The Committee determined that the complaint should be investigated. This investigation was carried out in accordance with Council’s Code of Conduct and the Conduct Committee Guidelines. The General Manager submitted written documentation and emails to support his complaint and subsequently was not required to be interviewed by the Committee. Cr. Watkins was afforded three preferential dates to be interviewed and declined to accept any of the offered dates. The Conduct Committee, comprising the Mayor, Deputy Mayor and Mr. Alan Mitchell (Council’s nominated Legal representative), convened on Monday 10 December, 2007. Cr. Bruce Watkins was not in attendance and was subsequently unable to be interviewed. In accordance with the Code of Conduct, the Conduct Committee must determine whether or not it considers there has been a breach of the Code and report its findings and rationale for these findings in writing to the Council, the complainant and the person subject of the complaint. A copy of the Committee’s report is attached as Annexure B. The guidelines also provide that the Committee may recommend that Council take any actions provided for in the Code of Conduct and that the Committee considers reasonable in the circumstances. The Committee has determined that in this matter, there have been three separate breaches of Council’s Code of Conduct and Council Policy by Cr. Bruce Watkins in relation to the complaint raised by the General Manager, Mr. Craig Deasey, IMPLICATIONS Financial Council will incur costs by convening the Conduct Committee. Consultation Consultation has taken place with Conduct Committee members in the compilation of this report. Statutory The model Code of Conduct and Councillor disciplinary matters are encapsulated in accordance with Sec’s 439 – 440Q of the Local Government Act (NSW) 1993.


RECOMMENDATION 1. That the report of the Conduct Committee regarding the complaints against Councillor

Watkins be received and that Councillor Watkins tender an apology for his Improper and disrespectful remarks.

2. In the absence of an apology being tendered to the satisfaction of Council, that Cr.

Watkins be censured for his actions.


REPORT OF THE DUNGOG SHIRE COUNCIL CONDUCT COMMITTEE MEETING HELD

ON 10 DECEMBER 2007 IN THE COMPLAINT BY MR CRAIG DEASEY, GENERAL MANAGER AGAINST CR BRUCE WATKINS

On Friday 21 September, 2007 The General Manager and Councillors received an email from Cr. Watkins concerning Ms. Lisa Schiff, Manager Planning. Given that Mr. Deasey found the email derogatory in nature regarding a Member of Staff, he formally lodged a Conduct Complaint regarding Cr. Watkins email with the Mayor on the 14 November, 2007 The Conduct Committee, comprising Cr. Glenn Wall, Cr. Steve Low AM and Mr. Alan Mitchell, determined that the matter required investigation. In accordance with the Code of Conduct and the provisions of procedural fairness, the Committee determined to convene on either Monday 10 December at 4.00 pm, Tuesday 11 December at 4.00 pm or Thursday 13 December at 4.00 pm, whichever suited Cr. Watkins and he was advised accordingly. Cr. Watkins responded by email to the Mayor on the 28 November stating he would not be participating in the matter or its findings in any way. On the Monday 10 December, 2007, the Conduct Committee convened to consider the complaints referred to the Committee by the General Manager, Mr. Craig Deasey. For ease of handling and investigation, the written complaint was divided into three distinct areas:

1. Councillor Watkins alleged behaviour was improper or unethical. 2. Councillor Watkins alleged actions were not compliant with the General Code

Obligations of Treating Others with Respect at all Times. 3. Councillor Watkins allegedly Harassed, Discriminated Against, or supported others

who Harassed, and Discriminated against Colleagues or Members of the Public. Cr. Bruce Watkins was not in attendance and was subsequently unable to be interviewed or provide comment in relation to the three alleged instances mentioned above. Based on the written correspondence from Mr. Craig Deasey, the Conduct Committee members reached the following conclusions:

1. Councillor Watkins alleged behaviour was improper or unethical. As a result of the investigation, the Committee determined there had been a prima facie breach of the Local Government Act 1993 Part 1 Division 1 Clauses 439 & 440 and Division 3 Misbehaviour and the Council Code of Conduct in relation to Section 5 General Conduct Obligations Clause 5.1 – You must avoid behaviour that could constitute an act of disorder or misbehaviour. Specifically, you must avoid conduct that is improper or unethical. The rationale for the Committees determination is that Cr. Watkins email and his accusations were completely unsubstantiated and incorrect. He accused a Senior Member of staff of carrying out an illegal act, without any evidence of such an act being committed.

2. Councillor Watkins alleged actions were not compliant with the General Code

Obligations of Treating Others with Respect at all Times. As a result of the investigation, the Committee determined there had been a prima facie breach of the Local Government Act 1993 Part 1 Division 1 Clauses 439 & 440 and Division 3 Misbehaviour and the Council Code of Conduct in relation to


Section 5 General Conduct Obligations Clause 5.3 – You must treat others with respect at all times. The Committee determined that Cr. Watkins email was demeaning and disrespectful towards a Senior Manager and his comments implying “Rehiring of the Senior Manager as a labourer” totally unacceptable.

3. Councillor Watkins allegedly Harassed, Discriminated Against, or supported others who Harassed, and Discriminated against Colleagues or Members of the Public.

As a result of the investigation, the Committee determined there had not been a prima facie breach of the Council Code of Conduct in relation to Section 5 General Conduct Obligations Clause 5.6 – Harassment and Discrimination or Council Policy C1:1 – Anti – Discrimination Guidelines for Elected Members and Managers. The rationale for such is that Cr. Watkins only forwarded the email to the General Manager and Councillors.

4. During the investigation the Committee also determined the following -: The Committee determined there had been a prima facie breach of Council Policy C1:12 – Provision of Information to and Interaction between Councillors and Staff. Cr. Watkins Inappropriate Interaction was that he attempted to direct or pressure staff in the performance of their work. Namely by requesting the General Manager to terminate the Senior Managers employment and offering comments regarding the management of Council personnel.

In summary, the Conduct Committee has determined that there were three prima facie breaches in relation to the Local Government Act 1993 Part 1 Division 1 Clauses 439 & 440 and Division 3 Misbehaviour; or Council’s Code of Conduct; or Policy indicated. The Committee recommends -:

1. That Councillor Watkins tenders an apology for his improper and disrespectful remarks.

2. In the absence of an apology being tendered to the satisfaction of Council, that Cr. Watkins be censured for his actions.


CORPORATE SERVICES DEPARTMENT EXECUTIVE MANAGER'S REPORT

Shaun Chandler 1. STATEMENT OF INVESTMENTS

EF 08/220

Précis: Clause 212 of Local Government (General) Regulation 2005 requires a monthly report to Council outlining all money’s Council has invested under Section 625 of Local Government Act.

**********

The Statement of Investments as at 31 December 2007 and 31 January 2008 incorporating the Responsible Accounting Officer's Certificate are attached as Annexure "A".

IMPLICATIONS There are no financial, statutory, environmental, community or consultative implications associated with this report. RECOMMENDATION That the report is received and the information noted.


ANNEXURE "A" TO ITEM NO. 1 - EXECUTIVE MANAGER CORPORATE SERVICES REPORT

Hereunder is a schedule of amounts invested as at 31 December 2007. Institution Period Due Date Interest Amount

I M B 61 days 15.01.08 7.13% $ 150,000

I M B 46 days 29.01.08 7.32% $ 500,000

L G F S 63 days 22.01.08 7.17% $ 2,000,000

L G F S At Call (7 days) At Call (7 days) 7.84% FRN 30 days

$ 512,583

M M B S 48 days 08.01.08 7.25% $ 600,000

M M B S 36 days 02.01.08 7.27% $ 350,000

M M B S 35 days 08.01.08 7.28% $ 850,000

M M B S 3652 days 31.05.15 8.18% FRN 90 days

$ 500,000

Bendigo Bank 1827 days 09.11.12 8.3067% FRN

90 days $ 500,000

N A B 42 days 29.01.08 7.15% $ 250,000

N A B 42 days 29.01.08 7.15% $ 100,000

NEWPERM 35 days 15.01.08 7.21% $ 400,000

$ 6,712,583 Fund Amount

General $ 4,332,124 Water – Clarence Town $ 288,635 Water – Dungog $ 1,083,892 Water – Paterson $ 124,559 Water – Gresford $ 9,361 Sewer – Clarence Town $ 0 Sewer – Dungog $ 874,012 $ 6,712,583


Hereunder is a schedule of amounts invested as at 31 January 2008. Institution Period Due Date Interest Amount

I M B 35 days 19.02.08 7.06% $ 150,000

I M B 31 days 29.02.08 7.22% $ 500,000

L G F S 11 am Call At Call 6.65% $ 490,000 L G F S 35 days 26.02.08 7.08% $ 2,000,000

L G F S At Call (7 days) At Call (7 days) 7.76% FRN 30 days

$ 515,846

M M B S 22 days 05.02.08 7.30% $ 800,000

M M B S 36 days 19.02.08 7.30% $ 800,000

M M B S 35 days 12.02.08 7.35% $ 850,000

M M B S 3652 days 31.05.15 8.18% FRN 90 days

$ 500,000

Bendigo Bank 1827 days 09.11.12 8.3067% FRN

90 days $ 500,000

N A B 35 days 04.03.08 7.10% $ 250,000

N A B 35 days 04.03.08 7.10% $ 100,000

NEWPERM 35 days 19.02.08 7.08% $ 400,000

$ 7,855,846 Fund Amount

General $ 5,475,387 Water – Clarence Town $ 288,635 Water – Dungog $ 1,083,892 Water – Paterson $ 124,559 Water – Gresford $ 9,361 Sewer – Clarence Town $ 0 Sewer – Dungog $ 874,012 $ 7,855,846

REPORT (Responsible Accounting Officer) I hereby certify that the above Investments have been made in accordance with the Local Government Act 1993, Local Government (General) Regulation 2005 and Council’s Investment Policy. S L Chandler RESPONSIBLE ACCOUNTING OFFICER

lynbFile AttachmentAnn A to 1 EMCS.pdf


Robert Brown 2. WORKS COST STATEMENT

EF 08/221 Précis: A selective summary of expenditures on capital works and maintenance expense areas within Council’s roads, bridges, cemeteries, toilets, parks and sports grounds cost centres.

******** The Works Cost Statement for the period ending 31 January 2008 is attached for Councillors information as Annexure "B". Based upon 7 months of the year completed notional expenditure levels should be around 58% of budget allocation. Expenditure to the end of December has been shown, however as there was no Council meeting to report to in January all comments within this report reflect expenditure incurred since the November report. High rainfall received in this reporting period has required increased mowing activities on Councils Sporting Grounds, Parks & Reserves and Public Cemeteries. Sporting Grounds 61% and Public Cemeteries 64% are reporting higher levels of expenditure than the notional 58%. All other maintenance items are currently within budget allocations and are in line with expected levels of expenditure. Maintenance expenditure on roads and bridges shows varying levels of expenditure with all well below the nominal 58% for this period and expenditure is expected to increase in the second half of the financial year to fulfil Councils budgetary commitments. Capital works are at varying levels of completion and expenditure reflects such activity, most items are within budget allocations. A separate report will be presented to Council on the MR101 – Sth of Maxwell Creek Mill and RR7778 South of Fishers Hill Road projects by the Infrastructure and Assets department. Engineering overheads have been applied to individual projects in line with the original budget and in accordance with Councils normal operating practice. The works progress report within the Infrastructure & Assets area provides further information on some items in this report including scheduled dates for commencement for individual projects and works undertaken in the prior month. IMPLICATIONS There are no financial, statutory, environmental, community or consultative implications associated with this report. The report is for information purposes only. RECOMMENDATION That the Works Cost Statement for the period ending 31 January 2008 be received and noted.


ANNEXURE ‘B’ TO ITEM NO. 2 – EXECUTIVE MANAGER CORPORATE SERVICES REPORT

Description Original Approved Proposed Revised Expend Expend Expend % Vote Vary Vary Vote 30-Nov 31-Dec 31-Jan Spent

Urban Roads Maintenance 147,000 0 0 147,000 92,196 47,100 64,975 44% Urban Roads Heavy Patching 10,000 0 0 10,000 0 0 0 0% Urban Roads Reseals 52,800 0 0 52,800 0 0 0 0% Urban Roads Storm Damage 0 28,660 36,940 65,600 28,660 28,660 28,660 44% Rural Roads Sealed Maintenance 474,080 0 0 474,080 128,853 174,815 213,123 45% Rural Roads Reseals 255,000 0 0 255,000 0 0 0 0% Rural Roads Unsealed Maintenance 324,500 0 0 324,500 47,442 62,234 66,637 21% Rural Roads Unsealed Upgrades 54,100 0 0 54,100 0 0 0 0% Rural Roads Storm Damage 0 261,998 277,127 539,125 270,098 303,144 321,316 60% Bridges Maintenance 336,000 0 0 336,000 68,841 79,706 81,641 24% Bridges Storm Damage 0 36,352 50,773 87,125 36,432 36,432 36,432 42% Tree Planting & Maintenance 6,900 0 0 6,900 534 534 534 8% Traffic Facilities 48,900 0 0 48,900 2,208 4,620 6,079 12% Footpaths M & R 33,200 0 0 33,200 8,129 8,319 8,480 26% Sporting Grounds 48,500 0 0 48,500 21,012 26,416 29,392 61% Parks & Reserves 90,000 0 0 90,000 40,425 43,302 49,692 55% Public Conveniences 52,000 10,000 0 62,000 17,968 20,926 23,484 38% Public Cemeteries 25,600 5,000 0 30,600 11,667 15,924 19,452 64% Total Maintenance Works 1,958,580 342,010 364,840 2,665,430 774,464 858,872 949,896 36%

Monthly percentage 58% Roads & Traffic Authority Regional Roads Maintenance 650,000 21,000 0 671,000 172,000 218,209 232,779 35% Regional Roads Reseals 155,000 0 0 155,000 20,000 20,000 20,152 13% Traffic Facilities 45,000 0 0 45,000 6,216 18,532 21,807 48% Regional Roads Storm Damage 0 183,285 340,095 523,380 216,768 265,187 265,847 51%

RTA Grants - Repair/Auslink/Blackspot MR101/301 intersection 0 0 0 1,598 1,598 1,598 0% MR101 - Sth of Maxwell Creek Mill 0 1,241,101 0 1,241,101 995,358 1,426,974 1,574,953 127% MR101 - Grace Ave to Gostwyck Bridge (carry over) 0 914,968 0 914,968 1,082,255 910,371 910,371 99% MR101 - Cemetery Rd to Hawleys Bridge 405,000 0 0 405,000 19,946 21,940 22,719 6% MR101 - Gostwyck Hazards (Bspot) 112,000 0 0 112,000 0 0 0 0% RR7764 - Bingleburra Hazards 0 0 0 0 0 0 0 0% RR7778 - Lennoxton Rd to Vacy 0 474,141 0 474,141 402,714 477,089 477,646 101% RR7778 - Sth of Fisher Hill Rd 0 396,356 0 396,356 512,760 512,760 512,760 129% MR301 - C/town Cemetery Rd 1.5 Sth 0 0 0 0 0 0 89 0% MR301 - Parers Hill Realign 627,000 0 0 627,000 2,130 3,030 6,150 1% MR301 - Nth of Erringhi Street 523,000 0 0 523,000 0 0 0 0% MR301 - O'Loughlin to Quarry 418,000 0 0 418,000 2,118 2,118 2,118 1% Liimeburners Hazard (Bspot) 60,000 0 0 60,000 1,139 1,139 1,139 2%

Roads to Recovery Funding Grace Ave - Station St to MR101 (RSA) 0 180,238 0 180,238 0 180,057 180,057 100% Dowling Street Rehabilitation 0 0 0 0 0 0 0 0% King & Duke Street rehabilitation 155,752 0 0 155,752 0 0 0 0% Church St/Webbers Crk Paterson (R2R) 95,000 0 0 95,000 58,899 73,943 75,415 79% Summerhill Rd 5.1-6.3 (R2R) 260,752 0 0 260,752 0 0 0 0%

Council FAG/Sec94/Flood Damage Bridge Construction Chads Creek 1st Bridge 0 0 0 0 0 0 0 0% Guygallon Bridge (FAG) 125,000 0 0 125,000 0 0 0 0% James Bridge (FAG) 70,000 0 0 70,000 0 0 0 0%

Road Construction Lord/Mackay St intersection (Bspot) 41,000 0 0 41,000 0 0 0 0% Limeburners Creek Rd - East of Rocky - (Fag) (carry over) 0 344,585 0 344,585 70,621 70,621 70,621 20% Paterson River Rd-Guygallon realign (FAG) 133,930 0 0 133,930 0 0 0 0% Alison Rd 3.2-4.4 (FAG) 265,000 0 0 265,000 63,509 145,366 153,197 58% Hancock Ave (Fag/Con/RA) (carry over) 0 0 0 0 0 0 0 0% Dowling St Improvements (RA) 0 0 0 0 0 0 0 0% Total Capital Works 4,141,434 3,755,674 340,095 8,237,203 3,628,030 4,348,933 4,529,418 55%

lynbFile AttachmentAnn B to 2 EMCS.pdf


Shaun Chandler 3. COUNCILLORS TRAVELLING & OTHER EXPENSES

EF 08/222

Précis: Report on Councillors travelling for Councillors information.

********** Hereunder is a list of meetings/inspections or business of Council held/to be held since the December Meeting of Council. Pilchers Reserve Committee 19/12/07 Paterson Main Street Meeting 20/12/07 Caretakers Cottage Inspection 15/01/08 HWC Workshop 18/01/08 TDCRG Meeting with Member for Upper Hunter 22/01/08 Whole of Government Reference Group 24/01/08 LGSA Planning Reforms 30/01/08 NSW RFS State OH&S Committee 01/02/08 Liquor Accord 05/02/08 Council Workshop 05/02/08 James Theatre Community Centre 05/02/08 D Division Meeting 15/02/08 Council Meeting 19/02/08 IMPLICATIONS There are no financial, statutory, environmental, community or consultative implications associated with this report. Council’s travelling costs are currently within budget. RECOMMENDATION That the report is received and the information noted.


Shaun Chandler 4. STATECOVER MUTUAL LIMITED SCHEME PERFORMANCE REBATE EF 08/43 Precis: Reporting on StateCover’s 2007 workers compensation and OHS performance report for Dungog Shire Council.

********** StateCover Mutual Limited (StateCover) has been operating as the NSW specialised insurer for Local Government since 2001 with the objective to provide best practice injury management and superior outcomes for its council members. StateCover has encouraged continuous improvement programs addressing workers compensation and OHS in councils and the financial benefits to be achieved through improvement. Advice has been received from StateCover advising every renewing member Council will receive a 7.5% scheme performance rebate on their actual 2006/07 Workers Comp Premium. Additionally an OHS Incentive Payment calculated as 0.24% of actual wages to a maximum of $40,000 will be paid following satisfactory completion of three key performance indicators (KPI’s) to encourage further improvements. The three KPI’s are as follows:

1. Completion of the OHS Audit by the required date, 2. Independent verification of Council answers to two separate sections of the OHS

Evaluation; and 3. Receipt of completed wages declaration for 2006-2007 premium period within the

statutory period of 2 months from renewal date. Council staff completed all three KPI’s successfully and as a result Council has received an amount of $8,834 for the OHS incentive payment and an amount of $6,101 for the Scheme Performance Rebate. Below is the benchmarking data provided by StateCover which compares Council data with the StateCover average and with the average of Council’s Department of Local Government Group. Average Rate

(Premium/Wages %)LTI

(number of Lost Time Injuries per100 employees)

Council 2.43% 1.3%

StateCover Average 4.08% 5.8%

Dept Local Government Group 3.88% 4.4% The OHS benchmark for measurement of OHS Performance is completion of the StateCover OHS Self Evaluation. These results are measured as a percentage compliance where 100% indicates all policies and procedures are in place and fully implemented, monitored and reviewed. The table below compares Council’s performance to the StateCover Average and to the average of Council’s Department of Local Government Group.


OHS Evaluation Score

Council 69%

StateCover Average 76%

Dept of Local Government Group 75%

Whilst Council’s score is currently under that of the Group Average it has risen 6% within the last year. This is a very good result considering Council does not have a dedicated position of an OHS officer and relies on the OHS Committee and staff vigilance within this area. IMPLICATIONS There are no financial, statutory, environmental, community or consultative implications associated with this report. RECOMMENDATION That the report is received and the information noted.


Shaun Chandler 5. STATEWIDE MUTUAL FINANCIAL POSITION – FINANCIAL YEAR 2006/2007 EF 08/223 Precis: Reporting on the financial position of Statewide Mutual (Council’s insurers) for the financial year 2006/2007.

********** Statewide Mutual commenced 31 December 1993 with 96 Members joining together to form a “self insurance mutual” covering Public Liability and Professional Indemnity Insurance. Membership has since expanded to include Councils, the Local Government Association, the Shires Association, a rural Water Board and a Noxious Weed Eradication Board. This increase in membership has been indicative of the preparedness of Local Government to join together to achieve results for the benefit of the communities which they serve. In addition to the Mutual Liability Scheme, Statewide Mutual has expanded its operations to include a Fidelity Guarantee Mutual and a Property Mutual. Statewide Mutuals Annual Report shows a trading result across all three Schemes (Liability, Property and Fidelity) of $7,277,219 where Total Assets exceed Liabilities. At 30 June the Liability Scheme has an accumulated Surplus of $268,029 (2006: Deficit $2,527,675). The Property and Fidelity Schemes were in surplus by $5,893,790 (2006: $4,648,472) and $1,115,400 (2006: $917,448) respectively. The improvement in the Schemes financial position over the year largely resulted from:

(a) a current year surplus; (b) favourable structure of the reinsurance programme; and (c) recognition of profit commission of $4.1 million (2006: $6.5 million).

In the auditors opinion the financial report presents fairly, in all material respects, the financial position of Statewide Mutual as at 30 June 2007. Due to the financial strength of the Fidelity Guarantee Scheme the Board of Management resolved to refund each members contribution which has been paid for the 2007/2008 financial year. All expenses incurred during this year are expected to be met by the surplus. Council’s refund amounts to $574.94. Also as Council meet the requirements of the Liability Scheme in terms of attendance at meetings and completion of the liability audit an incentive payment of $9,417 has been received. IMPLICATIONS Financial The receipt of these proceeds has a positive impact on Council’s 2007/08 budget. There are no other implications associated with this report. RECOMMENDATION That the report is received and the information noted.


Robert Brown 6. QUARTERLY FINANCE REPORT FOR THE PERIOD ENDING 31 DECEMBER 2007 EF 08/224 Précis: Review of expenditure and revenues as per Section 203 of the Local Government (General) Regulation 2005 for the quarter ending 31 December 2007.

******** Responsible Accounting Officers Certificate: Section 203 (2) of the Local Government (General) Regulation 2005 requires that the budget review statement include or be accompanied by a report from the responsible accounting officer. This report is required to indicate whether the Responsible Accounting Officer believes that the statement indicates that the financial position of the Council is satisfactory, having regard to the original estimate of income and expenditure, and if that position is unsatisfactory, recommendations for remedial action. In light of the commentary from the Manager Finance and inspection of the budget review statements I Shaun Chandler, as Responsible Accounting Officer hereby certify that, having regard to the original estimate of income and expenditure, the financial position of Council is satisfactory. Manager Finance Commentary: The quarterly finance report for the period ending 31 December 2007 is provided as annexure ‘C’ for Council’s consideration. Staff reported to Council at the December 2007 meeting an anticipated reduction in re-zoning fees within the Town Planning activity of Council. Anticipated reduction in revenues for Re-zoning, Advertising and Building Inspections leaves Council with a short fall in revenue of approximately $65,000. Council allowed connection to Clarence Town sewer on a number of Council owned properties. The sewer scheme will not be completed in the current financial year therefore it is proposed to transfer the connection fees for these budget items to restricted funds. The grant application for Automatic Doors at the Dungog Library was unsuccessful, this project has been removed from the current years capital program. There are a number of other changes proposed in this review that were not known at the time of adopting the budget. Adjustments have been made to rates and charges income following the levy and supplementary levy of land splits. Carried forward projects have been funded from restricted assets or are grant funded and will have no effect on the net result to Council for this reporting period. Other items have been adjusted to reflect current income and expenditure, and where appropriate a commentary is included for Council’s consideration General Fund The proposed variation for the quarter shows a deterioration of $47,945 with the projected result after variations being a deficit situation of $20,316 (deficit of $36,000 on original estimate for 2007/08).


ANNEXURE ‘C’ TO ITEM NO. 6 – EXECUTIVE MANAGER CORPORATE SERVICES REPORT

Council - Income & Expenditure

Description Original Estimate 2007/08

Approved Variations

Revised Estimate 2007/08

Actual 31/12/2007 Balance

Proposed Variation

Operating Expenditure Corporate & Client Services 1,383,384 4,370 1,387,754 113,867 1,273,887 6,290 Public Order & Safety 703,572 -4,076 699,496 227,176 472,320 46,507 Health 86,010 18,396 104,406 64,383 40,023 8 Community Services & Education 143,620 1,640 145,260 79,439 65,821 0 Housing & Community Amenities 1,872,302 391,352 2,263,654 980,421 1,283,233 0 Recreation & Culture 908,064 14,010 922,074 501,161 420,913 0 Mining Manufacture & Construction 232,280 414 232,694 161,819 70,875 0 Transport & Communication 3,674,362 531,295 4,205,657 2,343,205 1,862,452 706,741 Economic Affairs 451,147 24,363 475,510 228,706 248,803 0 Sub-Total General Fund 9,454,741 981,764 10,436,505 4,700,177 5,738,328 759,546 Water Supplies 1,022,826 3,805 1,026,631 634,976 391,655 17,666 Sewerage Services 493,625 8,436 502,061 309,835 192,226 -3,405 Total Operating Expenditure 10,971,192 994,005 11,965,197 5,644,988 6,322,209 773,807

Non Operating Expenditure Corporate & Client Services 2,442,232 40,156 2,482,388 309,333 2,173,055 47,231 Public Order & Safety 406,880 3,726 410,606 0 410,606 -21,731 Health 0 0 0 0 0 0 Community Services & Education 4,460 0 4,460 0 4,460 0 Housing & Community Amenities 47,970 0 47,970 0 47,970 0 Recreation & Culture 294,330 57,540 351,870 103,185 248,685 15,993 Mining Manufacture & Construction 14,000 0 14,000 0 14,000 0 Transport & Communication 3,719,556 3,596,855 7,316,411 3,849,321 3,467,090 190,000 Economic Affairs 68,586 0 68,586 21,095 47,491 0 General Purpose Revenues 515,400 0 515,400 0 515,400 0 Sub-Total General Fund 7,513,414 3,698,277 11,211,691 4,282,934 6,928,757 231,493 Water Supplies 340,314 323,414 663,728 255,022 408,706 -10,508 Sewerage Services 5,493,819 -8,318 5,485,501 222,623 5,262,878 -4,860,466 Total Non Operating Expenditure 13,347,547 4,013,372 17,360,919 4,760,578 12,600,341 -4,639,481 Total Expenditure 24,318,739 5,007,377 29,326,116 10,405,567 18,922,550 -3,865,674

Operating Revenues Corporate & Client Services 190,410 10,018 200,428 107,127 93,301 45,056 Public Order & Safety 630,405 1,427 631,832 8,795 623,037 650 Health 38,230 5,454 43,684 43,842 -158 1,250 Community Services & Education 68,690 0 68,690 24,349 44,341 10 Housing & Community Amenities 1,348,110 391,400 1,739,510 1,369,408 370,102 -21,969 Recreation & Culture 150,975 15,914 166,889 52,298 114,591 37,011 Mining Manufacture & Construction 175,050 120 175,170 66,675 108,495 -30,000 Transport & Communication 4,411,972 612,926 5,024,898 1,356,681 3,668,217 704,341 Economic Affairs 153,780 1,630 155,410 57,643 97,766 0 General Purpose Revenues 5,098,910 10,466 5,109,376 4,336,309 773,067 13,883 Sub-Total General Fund 12,266,532 1,049,354 13,315,886 7,423,126 5,892,760 750,232 Water Supplies 1,102,870 27,219 1,130,089 706,787 423,301 -2,672 Sewerage Services 4,016,584 0 4,016,584 606,183 3,410,401 -3,374,106 Total Operating Revenues 17,385,986 1,076,573 18,462,559 8,736,096 9,726,463 -2,626,546

Non Operating Revenues Corporate & Client Services 2,456,420 46,656 2,503,076 298,728 2,204,348 4,918 Public Order & Safety 260,480 2,500 262,980 73,662 189,318 12,955 Health 790 15,000 15,790 15,725 65 0 Community Services & Education 56,370 1,000 57,370 14,269 43,101 -10 Housing & Community Amenities 101,400 0 101,400 43,637 57,763 0 Recreation & Culture 421,788 53,095 474,883 112,318 362,565 -15,000 Mining Manufacture & Construction 10,000 0 10,000 0 10,000 0 Transport & Communication 1,230,662 3,554,281 4,784,943 924,041 3,860,902 190,000 Economic Affairs 127,713 21,784 149,497 9,694 139,803 0 General Purpose Revenues 0 0 0 0 0 0 Sub-Total General Fund 4,665,623 3,694,316 8,359,939 1,492,074 6,867,865 192,863 Water Supplies 260,270 300,000 560,270 74,848 485,422 9,830 Sewerage Services 1,970,860 118 1,970,978 102,529 1,868,449 -1,489,765 Total Non Operating Revenues 6,896,753 3,994,433 10,891,186 1,669,451 9,221,736 -1,287,073 Total Revenue 24,282,739 5,071,006 29,353,745 10,405,547 18,948,198 -3,913,619

Net Result By Fund General Fund 36,000 -63,629 -27,629 67,911 -93,540 47,945 Water Fund 0 0 0 108,362 -108,362 0 Sewer Fund 0 -0 0 -176,253 176,253 0 Net Cost to Council 36,000 -63,629 -27,629 20 -25,648 47,945


Corporate & Client Services

Description Original Estimate 2007/08

Approved Variations

Revised Estimate 2007/08

Actual 31/12/2007 Balance

Proposed Variation

Operating Expenditure Corporate Support 620,800 6,592 627,392 -188,713 816,105 0 Governance 318,718 -305 318,413 263,936 54,477 4,290 Engineering Administration 195,260 -1,565 193,695 -56,092 249,787 0 Other Support Services 248,606 -352 248,254 94,736 153,518 2,000 Total Operating Expenditure 1,383,384 4,370 1,387,754 113,867 1,273,887 6,290

Capital Expenditure Corporate Support 54,332 2,000 56,332 31,528 24,804 6,972 Governance 0 0 0 0 0 0 Engineering Administration 2,319,480 0 2,319,480 238,627 2,080,853 0 Other Support Services 68,420 38,156 106,576 39,179 67,397 40,259 Total Capital Expenditure 2,442,232 40,156 2,482,388 309,333 2,173,055 47,231

Total Expenditure 3,825,616 44,526 3,870,142 423,200 3,446,942 53,521

Operating Revenues Corporate Support 92,240 0 92,240 35,687 56,553 0 Governance 0 0 0 0 0 0 Engineering Administration 77,400 0 77,400 11,853 65,547 0 Other Support Services 20,770 10,018 30,788 59,587 -28,799 45,056 Total Operating Revenues 190,410 10,018 200,428 107,127 93,301 45,056

Non-Operating Revenues Corporate Support 74,600 8,500 83,100 22,249 60,851 0 Governance 0 0 0 0 0 0 Engineering Administration 2,219,970 0 2,219,970 268,065 1,951,905 0 Other Support Services 161,850 38,156 200,006 8,414 191,592 4,918 Total Non-Operating Revenues 2,456,420 46,656 2,503,076 298,728 2,204,348 4,91

mayoral minute - dungog shire council...ordinary meeting of the council of the shire of dungog, to...

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