Glen Innes Severn Council Meeting 24 OCTOBER 2013 · Glen Innes Severn Council – Open Ordinary...

Glen Innes Severn Council Meeting

24 OCTOBER 2013

Glen Innes Severn Council – Open Ordinary Meeting – 24 October 2013

GLEN INNES SEVERN COUNCIL

OPEN ORDINARY MEETING OF COUNCIL

MINUTES

From the meeting held at the Glen Innes Severn Learning Centre,

William Gardner Conference Room on

THURSDAY, 24 OCTOBER, 2013 AT 5.15 P.M.

Table of Contents

1 ACKNOWLEDGEMENT TO COUNTRY ................................................................... 5

2 OPENING BY MINISTER FROM THE FRATERNAL ............................................... 6

3 APOLOGIES ............................................................................................................. 6

4 DISCLOSURE OF CONFLICT OF INTERESTS / PECUNIARY AND NON-PECUNIARY INTERESTS ........................................................................................ 6

5 MINUTES OF PREVIOUS ORDINARY MEETING HELD ON 26 SEPTEMBER 2013 TO BE CONFIRMED ................................................................................................. 6

1.10/13 RESOLUTION ...................................................................................... 6

6 MAYORAL MINUTE .................................................................................................. 7

6.1 LG NSW Conference ....................................................................................... 7

2.10/13 RESOLUTION ...................................................................................... 7

7 NOTICE OF MOTIONS ............................................................................................. 7

8 NOTICE OF MOTION OF RESCISSION ................................................................... 7

9 REPORTS ................................................................................................................. 8

9.1 CBD Upgrade – Concrete Roadway in Grey Street, Glen Innes: Letter and Petition from Glen Innes Community Voice.................................................. 8 3.10/13 RESOLUTION ...................................................................................... 8

9.2 Governance: Councillors: Executive Certificate for Elected Members ...... 8 4.10/13 RESOLUTION ...................................................................................... 8


9.3 Governance: Disclosures by Councillors and Designated Persons Returns: Tabling of Returns 2012/13 ............................................................ 8

5.10/13 RESOLUTION ...................................................................................... 9

9.4 Community Services: Aged and Disability Services ................................... 9 6.10/13 RESOLUTION ...................................................................................... 9

9.5 Community Services: Youth Services: Youth Council .............................. 9 7.10/13 RESOLUTION ...................................................................................... 9

9.6 Community Services: Policy Register: Repeal of Policy ......................... 10 8.10/13 RESOLUTION .................................................................................... 10

9.7 Community Services: Review: Library Users Code of Conduct Policy .. 10

9.10/13 RESOLUTION .................................................................................... 10

9.8 Community Services: Reporting: Library/Learning Centre Report – September 2013 ............................................................................................. 10

10.10/13 RESOLUTION .................................................................................. 10

9.9 Corporate Management: Policy Register: Glen Innes Severn Council – Fraud and Corruption Prevention Policy .................................................... 11 11.10/13 RESOLUTION .................................................................................. 11

9.10 Corporate Management: Policy Register: Glen Innes Severn Council – Risk Management Policy .............................................................................. 11

12.10/13 RESOLUTION .................................................................................. 11

9.11 Financial Management: Finance Report – September 2013 ..................... 11

13.10/13 RESOLUTION .................................................................................. 11

9.12 Council Properties: Lease – Reddestone Sapphires ................................. 12

14.10/13 RESOLUTION .................................................................................. 12

9.13 Rates and Valuations: Reporting: Rates and Charges Collections September 2013 ............................................................................................. 12 15.10/13 RESOLUTION .................................................................................. 12

9.14 Work Health and Safety: General: Workplace Injury Management Report – September 2013 .......................................................................................... 12 16.10/13 RESOLUTION .................................................................................. 12

9.15 Corporate and Community Services: Reporting – August and September 2013 ................................................................................................................ 13

17.10/13 RESOLUTION .................................................................................. 13

9.16 Development and Building Controls: Guidelines: Glencoe Petition ........ 13 18.10/13 RESOLUTION .................................................................................. 13

9.17 Governance: Asbestos Policy and Asbestos Management Plan ............. 13 19.10/13 RESOLUTION .................................................................................. 13


9.18 Development and Building Controls: Applications: Development Application 16/13-14 – Multi-Dwelling Housing, 14 Units in Seven (7) Buildings and Strata Subdivision ................................................................ 14 20.10/13 RESOLUTION .................................................................................. 14

9.19 Governance: Policy: Review of Renal Dialysis Assistance Policy ........... 22

21.10/13 RESOLUTION .................................................................................. 22

9.20 Department of Development, Regulatory and Sustainability Services: Monthly Reporting – October 2013 .............................................................. 22 22.10/13 RESOLUTION .................................................................................. 22

10 CORRESPONDENCE, MINUTES, PRESS RELEASES ........................................ 22

10.1 Correspondence and Press Releases ......................................................... 22 23.10/13 RESOLUTION .................................................................................. 23

10.2 Minutes of Committee Meetings for Information ........................................ 23

24.10/13 RESOLUTION .................................................................................. 23

10.3 Minutes of Community Committees for Information .................................. 23 25.10/13 RESOLUTION .................................................................................. 23

10.4 Minutes of Other Organisations for Information ........................................ 23

26.10/13 RESOLUTION .................................................................................. 23

11 REPORTS FROM DELEGATES ............................................................................. 24 27.10/13 RESOLUTION .................................................................................. 25

12 REPORTS FROM COMMITTEES ........................................................................... 25

13 ITEMS OF AN URGENT NATURE ......................................................................... 25

14 CLOSED COUNCIL REPORTS .............................................................................. 25

28.10/13 RESOLUTION .................................................................................. 25

14.1 Governance: Councillors: Code of Conduct Complaints against Councillor Parsons: Final Report of Conduct Reviewer ........................... 25 29.10/13 RESOLUTION .................................................................................. 26

30.10/13 RESOLUTION .................................................................................. 26 31.10/13 RESOLUTION .................................................................................. 27 32.10/13 RESOLUTION .................................................................................. 28 33.10/13 RESOLUTION .................................................................................. 28


COMMUNITY CONSULTATION (Commenced at 5.04pm)

Mr Brendan Byrne addressed Council regarding Item 9.18 Development and Building Controls: Applications: Development Application 16/13-14 – Multi-Dwelling Housing, 14 Units in Seven (7) Buildings and Strata Subdivision, relaying his concerns about the development stating that he believes that it is too large a development for the area and advising Council that the lots in that area are covered by covenants. Mr Byrne also had concerns regarding the lack of infrastructure such as kerb and guttering and drainage in the street.

Mr David Parish also addressed Council regarding Item 9.18 Development and Building Controls: Applications: Development Application 16/13-14 – Multi-Dwelling Housing, 14 Units in Seven (7) Buildings and Strata Subdivision, requesting Council to consider his concerns. Mr Parish believes that the development is not suitable for this area and also voiced his concerns regarding drainage, parking and electricity.

Mr Gary Frendon addressed Council regarding drainage in Emmaville and advised that he was disappointed with the comments made, and the outcome of the August Council Meeting regarding this matter.

Dr Desmond Fitzgerald addressed Council regarding Item 9.1 CBD Upgrade – Concrete Roadway in Grey Street, Glen Innes: Letter and Petition from Glen Innes Community Voice. Dr Fitzgerald briefly outlined the history of the concrete roadway adding that it is unique to Glen Innes and requested Councillors to seriously consider keeping the surface. Mr Fitzgerald also spoke regarding the recent public meeting held by the Glen Innes Community Voice and the petition against the removal of the concrete roadway.

PRESENT: Cr Colin Price (Mayor), Cr Graeme Quinn (Deputy Mayor), Cr James Graham, Cr Dianne Newman, Cr Andrew Parsons, Cr Mick Scherf, and Cr Malcolm Schumacher. IN ATTENDANCE: Mr Hein Basson (General Manager), Mrs Vanessa Menzie (Director of Infrastructure Services), Mr Graham Price (Director of Development, Regulatory and Sustainability Services), Mrs Anna Watt (Director of Corporate and Community Services) and Mrs Debbie Duffell (Minute Taker). OPENED: 5.17p.m.

1 ACKNOWLEDGEMENT TO COUNTRY The Mayor read the following “Acknowledgement to Country”:

“I acknowledge the Ngoorabul people as the traditional custodians of our land.

I give respect to past and present Elders and extend that respect to other Aboriginals present.

I also recognise the role of our early settlers, Celtic and Anglo, in shaping the community that we have become.”


2 OPENING BY MINISTER FROM THE FRATERNAL

Pastor Lance Jackson opened the Meeting with a prayer.

3 APOLOGIES

No apologies were given, as all Councillors were in attendance.

4 DISCLOSURE OF CONFLICT OF INTERESTS / PECUNIARY AND NON-PECUNIARY INTERESTS

Councillor Malcolm Schumacher declared an insignificant conflict of interest with regards to Item 9.5 “Community Services: Youth Services: Youth Council”, as he is a Council delegate to this Committee. However, he indicated that he will remain in the room, partake in the discussions and vote on this item. Councillor James Graham also declared an insignificant conflict of interest with regards to Item 9.5 “Community Services: Youth Services: Youth Council”, as he is also a Council delegate to this Committee. However, he indicated that he will remain in the room, partake in the discussions and vote on this item. Councillor James Graham further declared a pecuniary interest in Item 9.18 “Development and Building Controls: Applications: Development Application 16/13-14 – Multi-Dwelling Housing, 14 Units in Seven (7) Buildings and Strata Subdivision”. He indicated that he would leave the room and not partake in any discussions.

5 MINUTES OF PREVIOUS ORDINARY MEETING HELD ON 26 SEPTEMBER 2013 TO BE CONFIRMED

Moved: Cr J Graham Seconded: Cr M Scherf 1.10/13 RESOLUTION That the Minutes of the Ordinary Meeting of the Council held on 26 September 2013, copies of which were circulated, be taken as read and confirmed as a correct record of the proceedings of the Meeting. CARRIED


6 MAYORAL MINUTE

6.1 LG NSW Conference The Mayor informed the Councillors regarding his attendance at the recent LG NSW Conference in Sydney stating that it was a momentous occasion as it was the inaugural “One Association” Conference. Ms Gail Kelly, CEO of Westpac, spoke on six themes of leadership: Vision, Getting the right people on the bus, Getting the wrong people off the bus, Thriving on change (making decisions early), Generosity of the spirit (giving space to thrive and grow), and Resilience. Moved: Cr Price Seconded: Cr Quinn 2.10/13 RESOLUTION That this information be noted and received. CARRIED

7 NOTICE OF MOTIONS There were no notices of motions received.

8 NOTICE OF MOTION OF RESCISSION There were no notices of motions of rescission received.


9 REPORTS

9.1 CBD Upgrade – Concrete Roadway in Grey Street, Glen Innes: Letter and Petition from Glen Innes Community Voice

REPORT FROM: GENERAL MANAGER Author: Hein Basson – General Manager

Moved: Cr Graham Seconded: Cr Parsons 3.10/13 RESOLUTION 1. That Council notes the resolution and the priorities identified in the correspondence

received from the Glen Innes Community Voice. 2. That Council notes the petition lodged by the Glen Innes Community Voice. 3. That Council advises the Glen Innes Community Voice that Council will continue to

exercise due diligence and duty of care as part of its governance responsibilities, in dealing with the options available as part of the upgrade of the Glen Innes Central Business District.

4. That the recommendations received from Glen Innes Community Voice be included

as part of Council’s consideration of the Central Business District’s upgrade. CARRIED

9.2 Governance: Councillors: Executive Certificate for Elected Members

REPORT FROM: GENERAL MANAGER Author: Debbie Duffell – Executive Assistant

Moved: Cr Scherf Seconded: Cr Newman 4.10/13 RESOLUTION That Councillors consider completing the Executive Certificate for Elected Members to enhance their skills as elected members, and to receive formal Vocational Education and Training qualifications in this area. CARRIED

9.3 Governance: Disclosures by Councillors and Designated Persons Returns: Tabling of Returns 2012/13

REPORT FROM: GENERAL MANAGER Author: Debbie Duffell – Executive Assistant


Moved: Cr Quinn Seconded: Cr Graham 5.10/13 RESOLUTION That Council notes the tabled Disclosures by Councillors and Designated Persons Returns, and the Register of Returns for 2012/13 in accordance with Section 450 (A) of the Local Government Act 1993. CARRIED

9.4 Community Services: Aged and Disability Services REPORT FROM: DIRECTOR OF CORPORATE AND COMMUNITY SERVICES Author: Robyn Condon – Manager of Community Services Moved: Cr Graham Seconded: Cr Quinn MOTION That Council approves the name ‘Weja Support Services’ as the new name and brand for Aged and Disability Services, and the building previously known as Gum Tree Glen. DEFEATED Moved: Cr Newman Seconded: Cr Parsons 6.10/13 RESOLUTION 1. That Council advertises the name giving for its Aged and Disability Services for

submissions from the general public for a period of 28 days, and that the name “Weja” be incorporated and explained as part of the consultation process.

2. That the Mayor be authorised to consult with local Aboriginal elders about the

proposed name giving. CARRIED

9.5 Community Services: Youth Services: Youth Council REPORT FROM: DIRECTOR OF CORPORATE AND COMMUNITY SERVICES Author: Robyn Condon – Manager of Community Services Moved: Cr Schumacher Seconded: Cr Graham 7.10/13 RESOLUTION 1. That Council approves the disbanding of the Section 355 Committee, Glen Innes

Youth Council.


2. That Council approves the development of a three (3) part program to give youth a voice: Breaking Down Barriers, Listen to Youth and Young People for Council, to complement the existing activities of the Youth Project.

CARRIED

9.6 Community Services: Policy Register: Repeal of Policy REPORT FROM: DIRECTOR OF CORPORATE AND COMMUNITY SERVICES Author: Robyn Condon – Manager of Community Services Moved: Cr Graham Seconded: Cr Scherf 8.10/13 RESOLUTION That Council approves the repeal of the Gum Tree Glen Children’s Centre Policies and Procedures Part A and Gum Tree Glen Children’s Centre Policies and Procedures Part B, as the Long Day Care Centre, to which these referred, is no longer operational. CARRIED

9.7 Community Services: Review: Library Users Code of Conduct Policy

REPORT FROM: DIRECTOR OF CORPORATE AND COMMUNITY SERVICES Author: Kerry Byrne – Manager of Library/Learning Centre Moved: Cr Newman Seconded: Cr Quinn 9.10/13 RESOLUTION That Council adopts the reviewed Library Code of Conduct Policy. CARRIED

9.8 Community Services: Reporting: Library/Learning Centre Report – September 2013

REPORT FROM: DIRECTOR OF CORPORATE AND COMMUNITY SERVICES Author: Kerry Byrne – Manager of Library/Learning Centre Moved: Cr Newman Seconded: Cr Schumacher 10.10/13 RESOLUTION That Council notes the information in this report. CARRIED


9.9 Corporate Management: Policy Register: Glen Innes Severn Council – Fraud and Corruption Prevention Policy

REPORT FROM: DIRECTOR OF CORPORATE AND COMMUNITY SERVICES Author: Erich Brown – Manager of Risk and Compliance

Moved: Cr Scherf Seconded: Cr Graham 11.10/13 RESOLUTION That Council adopts the reviewed Fraud and Corruption Prevention Policy, attached as Annexure E to the Business Paper. CARRIED

9.10 Corporate Management: Policy Register: Glen Innes Severn Council – Risk Management Policy

REPORT FROM: DIRECTOR OF CORPORATE AND COMMUNITY SERVICES Author: Erich Brown – Manager of Risk and Compliance Moved: Cr Parsons Seconded: Cr Newman 12.10/13 RESOLUTION That Council adopts the reviewed Risk Management Policy, attached as Annexure F to the Business Paper. CARRIED

9.11 Financial Management: Finance Report – September 2013 REPORT FROM: DIRECTOR OF CORPORATE AND COMMUNITY SERVICES Author: Eric Brown – Manager of Finance Moved: Cr Graham Seconded: Cr Newman 13.10/13 RESOLUTION That Council notes the following information: 1. The cash book report disclosing a total reconciled cash balance of $1,286,838.51;

2. The investment report disclosing total invested funds of $12,822,137.05 with total

cash and investments of $14,108,975.56 (compared with $12,451,233.33 in October 2012); and


3. The loan liability report showing a total loan liability of $12,814,974.25 (compared with $10,657,718.87 in October 2012).

CARRIED

9.12 Council Properties: Lease – Reddestone Sapphires REPORT FROM: DIRECTOR OF CORPORATE AND COMMUNITY SERVICES Author: Candy Lockwood – Finance Officer

Moved: Cr Scherf Seconded: Cr Schumacher 14.10/13 RESOLUTION That Council resolves to approve of the affixing of Council’s seal to the signed lease received from Mr Cook resulting in a lease of three (3) years on part of the Visitor Information Centre premises, Lot 8 DP 773258, 152 Church Street, Glen Innes. CARRIED

9.13 Rates and Valuations: Reporting: Rates and Charges Collections September 2013

REPORT FROM: DIRECTOR OF CORPORATE AND COMMUNITY SERVICES Author: Candy Lockwood – Finance Officer Moved: Cr Quinn Seconded: Cr Graham 15.10/13 RESOLUTION That Council notes the information in this report. CARRIED

9.14 Work Health and Safety: General: Workplace Injury Management Report – September 2013

REPORT FROM: DIRECTOR OF CORPORATE AND COMMUNITY SERVICES Author: Ann Blunt – Work Health and Safety Coordinator Moved: Cr Schumacher Seconded: Cr Graham 16.10/13 RESOLUTION That Council notes the information in this report. CARRIED


9.15 Corporate and Community Services: Reporting – August and September 2013

REPORT FROM: DIRECTOR OF CORPORATE AND COMMUNITY SERVICES Author: Anna Watt - Director of Corporate and Community Services Moved: Cr Newman Seconded: Cr Graham 17.10/13 RESOLUTION That Council notes the information in this report. CARRIED

9.16 Development and Building Controls: Guidelines: Glencoe Petition REPORT FROM: DIRECTOR OF DEVELOPMENT, REGULATORY AND

SUSTAINABILITY SERVICES Author: Greg Doman - Manager of Regulatory and Planning Services

Moved: Cr Graham Seconded: Cr Newman 18.10/13 RESOLUTION That Council notes the submission received by the residents of Glencoe and surrounding areas. CARRIED

9.17 Governance: Asbestos Policy and Asbestos Management Plan REPORT FROM: DIRECTOR OF DEVELOPMENT, REGULATORY AND

SUSTAINABILITY SERVICES Author: Greg Doman – Manager of Regulatory and Planning Services

Moved: Cr Scherf Seconded: Cr Newman 19.10/13 RESOLUTION 1. That Council adopts the Glen Innes Severn Council Asbestos Policy attached as

Annexure H to the Business Paper.

2. That Council adopts the Glen Innes Severn Council Asbestos Management Plan attached as Annexure I to the Business Paper.

CARRIED


9.18 Development and Building Controls: Applications: Development Application 16/13-14 – Multi-Dwelling Housing, 14 Units in Seven (7) Buildings and Strata Subdivision

REPORT FROM: DIRECTOR OF DEVELOPMENT, REGULATORY AND

SUSTAINABILITY SERVICES Author: Greg Doman - Manager of Regulatory and Planning Services Councillor James Graham left the room at 6.03pm, not participating in any of the discussions or voting on this item. Moved: Cr Scherf Seconded: Cr Quinn 20.10/13 RESOLUTION That Development Application No. 16/13-14 for “multi-dwelling housing” comprising 14 units in seven (7) single storey buildings and associated strata subdivision on Lots 5, 6 and 7 DP 1002220, 12-16 Lambeth Street, Glen Innes be approved subject to the following conditions: PRESCRIBED CONDITIONS 1. All work must be carried out in accordance with the requirements of the Building

Code of Australia. Reason: To comply with the provisions of Clause 98 of the Environmental Planning and Assessment Regulation 2000.

2. In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences. Reason: To comply with the provisions of Clause 98 of the Environmental Planning and Assessment Regulation 2000

3. A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out, such a sign is to be maintained while the work is being carried out, but must be removed when the work has been completed. The sign must include the following:

The name, address and telephone number of the principal certifying authority for the work, and

The name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

A statement that unauthorised entry to the work site is prohibited. Reason: To comply with the provisions of Clause 98A of the Environmental Planning and Assessment Regulation 2000.

http://www.legislation.nsw.gov.au/xref/inforce/?xref=Type%3Dact%20AND%20Year%3D1989%20AND%20no%3D147&nohits=y


4. Residential building work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice in accordance with clause 98B Environmental Planning and Assessment Regulation 2000. Reason: To comply with the provisions of Clause 98B of the Environmental Planning and Assessment Regulation 2000.

5. Council, in the case of being the Principal Certifying Authority, is to be given 24 hours notice of the following critical stage inspections where applicable:

a) after excavation for, and prior to the placement of, any footings; and b) prior to pouring any in-situ reinforced concrete building element; and c) prior to covering of the framework for any floor, wall, roof or other building

element; and d) prior to covering waterproofing in any wet areas; and e) prior to covering any stormwater drainage connections; and f) after the building work has been completed and prior to any occupation

certificate being issued in relation to the building. Reason: To comply with the provisions of Clause 162A of the Environmental Planning and Assessment Regulation 2000 for Class 1 and 10 buildings.

6. Under clause 97A(2) of the Environmental Planning and Assessment Regulation 2000, it is a condition of this development consent that all the commitments listed in each relevant BASIX Certificate for the development are fulfilled. Reason: To comply with Environmental Planning and Assessment Regulation 2000.

GENERAL CONDITIONS 7. The proposed development is to be carried out strictly in accordance with the

details set out on the application form, and any other information submitted with the application. Note: Any proposal to modify the terms or conditions of this consent, whilst still maintaining substantially the same development to that approved, will require the submission of a formal application under Section 96 of the Environmental Planning and Assessment Act 1979 for Council's consideration. If amendments to the design result in the development not remaining substantially the same as that approved by this consent, a new Development Application will have to be submitted to Council. Reason: To confirm and clarify the terms of Council's approval.

8. In accordance with the provisions of Council’s Section 94A Plan, a contribution towards the provision, extension or augmentation of public amenities or services, is required to be paid prior to issue of the construction certificate. The required contribution is one percent (1%) of the estimated cost of the development works, being $15,500.00.


Reason: To ensure the requirements of Council’s Section 94A Plan are met.

9. The payment to Council of a contribution for water and sewerage headworks at the following rate: Water Headworks $19,033.00 Sewer Headworks $27,094.00

Reason: The development is considered to create an increased demand for water and sewer service above the current entitlement of three (3) equivalent tenements (ET). Additional costs will be incurred at the time of physical connection depending on meter size, in accordance with Council’s Management Plan.

10. The payment to Council of a standard metered water connection. Reason: To ensure that there is one separate and distinct reticulated water connection for each property located wholly within the boundary of each allotment, in compliance with the Local Government (General) Regulation 2005. Note: The metered service will incur an additional cost as listed in Council’s Operational Plan, depending on required meter size.

11. The payment to Council for a standard sewer boundary connection as per the current Operational Plan fees and charges (currently $626.00). Reason: To ensure that there is one separate and distinct reticulated sewer connection for each property located wholly within the boundary of each allotment, in compliance with the Local Government (General) Regulation 2005.

Note: Council does not permit others to cut into “live” sewer mains.

12. Finished floor levels must be adequate to allow overflow relief gully compliance

with AS3500 and Plumbing and Drainage Code of Practice. The overflow point of an overflow relief gully must protrude a minimum of 75mm above ground level, to prevent stormwater ingress. It must also be a minimum 150mm below finished floor level, to ensure sewage remains outside the dwelling in the event of a blocked main. Reason: To comply with AS3500 and enable sewerage surcharge outside the building in case of a blockage in the sewer main.

13. Finished ground levels are to slope away from the building at a minimum rate of 50mm in the first one metre (1m) from the building. Surface water must be prevented from entering neighbouring properties or escaping across the footpath (where applicable). This may be achieved by the use of landscaping, grated drains and sumps, or other means to the satisfaction of Council's Building Surveyor. Reason: To keep water clear of building foundations and comply with the Environmental Planning and Assessment Act 1979 and Regulations.


14. The floor level of any building is to be constructed such that gravity flow is available from the building to the sewerage network. Reason: To facilitate the provision of sewer services to the development.

15. The southern boundary fence is to be of solid construction to ensure privacy is maintained, and is to be a minimum 1.8 metres high measured from finished ground level. This can be achieved through an extension to the existing fence, or the erection of a new fence. Reason: To ensure that the privacy and amenity of adjoining residential development is not affected.

PRIOR TO COMMENCEMENT OF CONSTRUCTION 16. A Construction Certificate and Section 68 Local Approval must be lodged and

approved prior to commencement of any building or drainage works on the subject land. Reason: To comply with the Building Code of Australia, Local Government Act 1993, and the provisions of the Environmental Planning and Assessment Act, 1979.

17. To prevent soil leaving the site and entering the stormwater system and causing pollution of rivers and creeks, erosion and sediment controls are to be installed prior to work commencing and include the following:

The installation of a sediment fence with returned ends across the low side of the site, so that all water flows through. Drains, gutters, roadways etc shall be kept clean and free of sediment.

To prevent the movement of soil off site, a single entry/exit point to the property shall be constructed of 40mm blue metal aggregate or recycled concrete to a depth of 150 mm. The length must be a minimum of five metres (5m) and a width of three metres (3m).

These measures shall be maintained throughout the course of construction and until all disturbed areas are restored by turfing, paving or revegetation. Reason: To comply with the requirements of the Protection of the Environmental Operations Act 1997, and protect the amenity of the local environment.

18. Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided: (a) must be a standard flushing toilet; and (b) must be connected:


(i) to a public sewer, or (ii) if connection to a public sewer is not practicable, to an accredited

sewage management facility approved by the Council; or (iii) if connection to a public sewer or an accredited sewage management

facility is not practicable, to some other sewage management facility approved by the Council.

The provision of toilet facilities in accordance with this clause must be completed before any other work is commenced. Reason: To ensure that the development, when constructed, will comply with the Environmental Planning and Assessment Act 1979.

19. An assessment shall be carried out on all public utility services in the vicinity of

the subject site prior to the commencement of any construction work, and for any service requiring adjustment, the submission to Council of documentary evidence that the relevant utility authorities requirements have been satisfied.

Reason: It is in the public interest that utility services be protected from damage and remain operational.

DURING CONSTRUCTION 20. Construction, demolition and associated work shall be carried out only between

the times stated as follows: Mondays to Fridays 7.00am to 5.00pm Saturdays 8.00am to 1.00pm Sundays and Public Holidays No construction work to take place.

Reason: To ensure that the environmental quality of adjoining land is not adversely affected, such as by the generation of excessive noise levels.

21. All building materials, plant and equipment is to be placed on the building site. Building materials, plant and equipment (including water closets) are not to be placed on footpaths, roadways, public reserves etc. Reason: To ensure pedestrian and vehicular access is not restricted in public places.

22. The existing stand of large trees located in the north east corner of the lot are to be retained during the construction phase, and for as long as practical during the life of the development. Reason: To maintain occupant amenity and streetscape values.

ENGINEERING CONDITIONS 23. Internal plumbing arrangements should be constructed so as to provide for

separate internal water connections to each unit. These internal connections are to contain a dual check valve for backflow prevention between units.


Reason: To prevent backflow occurring between units during negative pressure events, such as mains failure in the vicinity.

24. The construction and widening of Lambeth Street for the full frontage of the subject land for the purpose of constructing on-street parallel parking bays. All such works are to be designed and constructed in accordance with Council’s Development Design and Construction Manual and the following guidelines, prior to occupation or use of the development:

a) Lambeth Street is to have a half-width carriageway of 3.5 metres, and on-street parking lane 2.8 metres wide;

b) Reinforced grass pavement on the parking lane with flush concrete kerb edge restraint;

c) A level top-dressed footpath, suitable for pedestrian traffic on the footway.

Reason: To ensure that the proposed roadway is constructed to a standard sufficient for the nature and volume of traffic likely to be generated by the development.

25. A road opening permit application is to be submitted to Council and approved prior to any works within a public road reservation.

Reason: To ensure that all works are performed in a safe manner, consistent with Council’s development standards.

26. The construction of two (2) minimum 5.8 metre wide full-width reinforced concrete driveways between the property boundary and the existing bitumen seal in Lambeth Street, including one metre (1m) splays, in a manner consistent with Council’s Development Design and Construction Manual, prior to occupation of the proposed development.

Reason: This work is necessary to ensure adequate means of pedestrian and vehicular access to the proposed development.

27. The provision and maintenance of vehicle parking and manoeuvring areas within

the development in accordance with AS/NZS 2890.2 - Off-Street Parking, and the following:

a) The provision of at least twenty-seven (27) parking spaces on the subject land;

b) Each car parking space is to have minimum dimensions of 5.5m by 2.6m; c) Parking and manoeuvring areas are to be line-marked and constructed

from concrete or other approved hard standing, all weather material, and must be maintained in a satisfactory condition;

Reason: To adequately provide for the safe, all-weather parking and manoeuvring of vehicles within the development.


28. Stormwater runoff from all buildings (water from tank overflow when rainwater is collected) and associated hardstand areas is to be conveyed to Council’s underground drainage system within Lambeth Street. Gutter and downpipes are to be provided and connected to an approved drainage system upon installation of the roof covering. All drainage works are to be designed and constructed in compliance with the provisions of AS/NZS 3500 and Council’s Development Design and Construction Manual. Reason: To ensure that storm water runoff generated from impervious areas of the land can be discharged by gravity to an approved location, without causing ponding or nuisance.

PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE 29. The subdivision is to be carried out generally in accordance with the layout plan

submitted with the Development Application, except as varied by any conditions listed herein. Any minor modification to the approved subdivision plan will require the lodgment and consideration by Council of amended plans. Major modifications will require the lodgment of a new Development Application. Reason: To ensure that the subdivision is in agreement with that approved in the development consent.

30. The original plan of survey and three (3) copies are to be submitted to Council for approval and endorsement by the General Manager.

Reason: To ensure that the subdivision is in agreement with the approved plans.

31. Under the Environmental Planning and Assessment Act 1979, a Subdivision

Certificate is required before the plan of survey can be registered with the Land Titles Office. Note: Council’s fee to issue a Subdivision Certificate is set out in Council’s fees and charges. Reason: It is in the public interest that the plan is certified in accordance with the provisions of the Environmental Planning and Assessment Act 1979, as amended.

32. If the Subdivision Certificate is not issued, for any reason whatsoever, within twelve (12) months of the date of determination, then the charges and contributions contained in this consent may be increased to the current rate at the time of payment.

Reason: It is in the public interest that the timing of charges coincides with the delivery of services.


PRIOR TO OCCUPATION 33. Occupation or use of premises for the purposes approved by this consent shall

not commence until all conditions of this consent have been complied with, and the Occupation Certificate has been issued. Reason: To ensure compliance with the provisions of the Environmental Planning and Assessment Act, 1979 and Council's terms of consent.

34. Urban addressing street numbers, as allocated by Council, are to be fixed in a prominent position to the property within clear view of the road, prior to occupation of the dwelling. Reason: To ensure the property can be easily identified by the public and any emergency services.

35. Prior to the issue of an Occupation Certificate and Subdivision Certificate:

a) all contributions must be paid to Council and all works required by the consent be completed in accordance with the consent; or

b) an agreement be made between the developer and Council: (i) as to the security to be given to Council that the works will be

completed or the contribution paid; and (ii) as to when the work will be completed or the contribution paid.

Reason: It is in the public interest that works are completed and fees are paid in accordance with Council’s Management Plan in a timely manner.

36. Damage caused to Council infrastructure as a result of the building activities shall be rectified by the applicant at their full expense. The adjustment of any existing utility services or installation of new services is to be at the full cost of the developer. Reason: To ensure infrastructure is not damaged as a result of the development, and because the nature of the proposed development may have an impact on the operation of utility services.

37. The applicant is to register a plan of survey with the NSW Land Titles Office,

consolidating Lots 5, 6 and 7 in Deposited Plan 1002220, prior to occupation or use of the development, or a Strata Subdivision Certificate Application is lodged with Council, concurrently with the application for an occupation certificate. Reason: To ensure that all structures and car parking associated with the development are on a single land title.

All Councillors present voted unanimously in favour of the above resolution. CARRIED Councillor James Graham rejoined the meeting at 6.08pm.


9.19 Governance: Policy: Review of Renal Dialysis Assistance Policy REPORT FROM: DIRECTOR OF DIRECTOR DEVELOPMENT, REGULATORY AND

SUSTAINABILITY SERVICES Author: Keith Appleby - Manager Integrated Water and Sustainability

Services Moved: Cr Newman Seconded: Cr Quinn 21.10/13 RESOLUTION That Council extends the existing “Renal Dialysis Assistance Policy”, attached as Annexure K, for a further two year period. CARRIED

9.20 Department of Development, Regulatory and Sustainability Services: Monthly Reporting – October 2013

REPORT FROM: DIRECTOR OF DEVELOPMENT, REGULATORY AND

SUSTAINABILITY SERVICES Author: Lin Manwarring – Administration Officer

Moved: Cr Graham Seconded: Cr Newman 22.10/13 RESOLUTION That Council notes the information in this report. CARRIED The meeting adjourned at 6.17pm for a refreshment break. The meeting resumed at 6.39pm.

10 CORRESPONDENCE, MINUTES, PRESS RELEASES

10.1 Correspondence and Press Releases REPORT FROM: DIRECTOR OF CORPORATE AND COMMUNITY SERVICES Author: Sarah Bundy – Acting Records Supervisor


Moved: Cr Scherf Seconded: Cr Graham 23.10/13 RESOLUTION That the information be noted. CARRIED

10.2 Minutes of Committee Meetings for Information REPORT FROM: DIRECTOR OF CORPORATE AND COMMUNITY SERVICES Author: Sarah Bundy – Acting Records Supervisor Moved: Cr Scherf Seconded: Cr Graham 24.10/13 RESOLUTION That the information be noted. CARRIED

10.3 Minutes of Community Committees for Information REPORT FROM: DIRECTOR OF CORPORATE AND COMMUNITY SERVICES Author: Sarah Bundy – Acting Records Supervisor Moved: Cr Scherf Seconded: Cr Graham 25.10/13 RESOLUTION That the information be noted. CARRIED

10.4 Minutes of Other Organisations for Information REPORT FROM: DIRECTOR OF CORPORATE AND COMMUNITY SERVICES Author: Sarah Bundy – Acting Records Supervisor Moved: Cr Scherf Seconded: Cr Graham 26.10/13 RESOLUTION That the information be noted. CARRIED


11 REPORTS FROM DELEGATES The following is a list of meetings of Section 355 Committees of Council recently attended by Councillors.

Name of Councillor

Name of Section 355 Committee of Council Date

attended

Cr Price Glen Innes Severn Cemetery Trust Committee 29/8/13

Community Access Committee 2/9/13

Open Spaces Committee 11/9/13

Local Traffic Committee 17/9/13

Australian Standing Stones Management Board 18/9/13

Stonehenge Recreation Reserve Trust Committee 23/9/13

GLENRAC 24/9/13

Cr Scherf Glen Innes Severn Tourist Association 2/9/13

Dundee Reserve Trust Committee 4/9/13

Library Committee 12/9/13

Cr Schumacher Emmaville Beautification Meeting 25/9/13

Councillor Graeme Quinn reported back to Council on attending the recent inaugural conference of the combined former Local Government and Shire Associations, now known as Local Government NSW, which was held from 1 to 3 October 2013 in Sydney. He stated that it was a good experience to meet other Councillors and senior staff from our region and further afield and to foster relationships. He reported that the business sessions were categorized into themes, e.g. the Independent Local Government Review Panel’s report; Financial Sustainability of Local Government, Waste, the New Planning System for Local Government, and the Local Government and State Government relationship. Keynote addresses were also delivered by, amongst others, the Minister of Local Government, The Hon Don Page MP; the Minister of Planning and Infrastructure, The Hon Brad Hazzard MP; the Lord Mayor of Sydney, Cr Clover Moore; and the Chair of the Independent Local Government Review Panel, Prof. Graham Sansom. He mentioned that it was interesting to observe the role that party politics play in especially the larger Councils. He further mentioned that Minister Page reiterated that he did not consider forced amalgamations of Councils as a valid option for the local government industry. Cr Quinn had also found the address of Gail Kelly inspirational. He ended his report by saying that it was good to now have a single body speaking with one voice on behalf of all Councils in NSW. The Mayor, Councillor Colin Price, added that Minister Page mentioned to the congress that the Division of Local Government is seriously looking at options to reduce the burden of compliance reporting on Local Councils, and that the State Government is busy developing simple ratios to measure individual Councils’ performance.


Moved: Cr Parsons Seconded: Cr Graham 27.10/13 RESOLUTION That Council notes the information in this report. CARRIED

12 REPORTS FROM COMMITTEES No reports were received from Committees.

13 ITEMS OF AN URGENT NATURE There were no items of an urgent nature.

14 CLOSED COUNCIL REPORTS

Moved: Cr Parsons Seconded: Cr Graham 28.10/13 RESOLUTION That Council considers the confidential report listed on the Order of Business as Item 14.1 in a meeting closed to the public in accordance with Section 10A(2)(i) of the Local Government Act 1993:

(i) alleged contraventions of any code of conduct requirements applicable under section 440.

CARRIED All members of the public and the three directors left the room at 6.47pm.

14.1 Governance: Councillors: Code of Conduct Complaints against Councillor Parsons: Final Report of Conduct Reviewer

REPORT FROM: GENERAL MANAGER Author: Hein Basson – General Manager

The Mayor provided Councillor Andrew Parsons with an opportunity to address Council. Councillor Parsons distributed to the Councillors his typed up submission in a hard copy format. The General Manager pointed out that Clause 8.47 of the Procedures for the Administration of the Model Code of Conduct makes provision for “the subject person…to make an oral submission to the council”, and that “[T]he subject person is to confine their submission to addressing the investigator’s recommendation/s”.


The Mayor requested Councillor Parsons to confine his submission to the investigator’s recommendations. After Councillor Parsons had addressed the meeting, the Mayor drew his attention to Clause 8.48 of the above-mentioned Procedures document, and requested him to absent himself from the meeting. Councillor Parsons left the room at approximately 7.10pm. Moved: Cr Quinn Seconded: Cr Graham 29.10/13 RESOLUTION That Council moves into “Committee of the Whole” to discuss the final report of Mr. Clark. CARRIED The General Manager explained to the Councillors the procedural fair process that is stipulated by the Model Code of Conduct and associated Procedures for the Administration of the Model Code of Conduct. The Councillors discussed the options available to them in not adopting or fully adopting the investigator’s recommendations. Cr Newman left the room at 7.41pm, taking no further part in any of the discussions or voting on this item. After further discussion, the majority of the remaining Councillors agreed that it would be appropriate to adopt the findings and recommendations of the investigator. Moved: Cr Graham Seconded: Cr Schumacher 30.10/13 RESOLUTION That Council moves out of “Committee of the Whole”. CARRIED Report from the Committee as a Whole: The outcome of the discussions from the Council as a “Committee of a Whole” was for Councillors to adopt the findings and recommendations in the final report of Mr. Clark.


Moved: Cr Scherf Seconded: Cr Quinn 31.10/13 RESOLUTION 1. That Cr Parsons be formally censured for the breaches under Section 440G of the

Local Government Act 1993, based on the following:

a) On or about 18 April 2013, 15 May 2013, 25 May 2013 and 22 June 2013 Cr Parsons posted comments on Facebook relating to the closure of the Gum Tree Glen Centre. The comments were disparaging of the Council and its officials and were misleading and incorrect. This behaviour was likely to bring the Council into disrepute and contravenes Clause 3.1 of the Code of Conduct.

b) On 18 April 2013 Cr Parsons made derogatory comments about a member of Council’s staff to a member of the public. Specifically, the Councillor made several comments about the Manager of the above-mentioned Centre, including that the Manager “should be in the room with the kids instead of the office” and that the Manager “can’t be a good manager”. The comments implied that the closure of the Centre was the fault of the Manager. This behaviour was improper and contravenes Clause 3.1 c) of the Code of Conduct.

c) On 4 July 2013 and again on 29 August 2013 Cr Parsons contacted a member

of Council’s staff on Council business other than in accordance with the policy and procedures governing the interaction of Councillors and Council staff that have been authorised by the Council and the General Manager. This behaviour contravenes Clause 6.2 c) of the Code of Conduct.

2. That the matter be referred to the Division of Local Government with a view to

entering into a special complaints management arrangement under Clauses 5.39 to 5.46 of the Procedures for the Administration of the Model Code of Conduct in relation to Cr Parsons.

3. That Cr Parsons be required to apologise to the Council officer involved, namely the former Manager of the Gum Tree Glen Centre; such apology to be in writing and to be delivered to the office, with a copy to the General Manager, within fourteen days of the Council resolution.

4. That the findings contained in the Code of Conduct Reviewer’s report be made

public. All Councillors present voted unanimously in favour of the above resolution. CARRIED


Moved: Cr Graham Seconded: Cr Quinn 32.10/13 RESOLUTION That Council moves out of Closed Council into Open Council. CARRIED Moved: Cr Schumacher Seconded: Cr Scherf 33.10/13 RESOLUTION That the Confidential Closed Council Resolutions be recommended for adoption to the Ordinary Meeting of the Whole of Council. CARRIED The Meeting closed at 7.48pm.

Glen Innes Severn Council Meeting 24 OCTOBER 2013 · Glen Innes Severn Council – Open Ordinary...

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