agenda - city of cessnock · rover coaches outline new proposed cessnock/morisset bus/rail link....

Vincent Street CESSNOCK 2325.

12 February 2009

To All Councillors You are hereby notified that the next Ordinary Council Meeting of the Council will be held in the Council Chambers, on Wednesday, 18 February 2009 commencing at 6.30 pm for the purpose of transacting the undermentioned business.

B R MORTOMORE GENERAL MANAGER

AGENDA: PAGE NO. (1) APOLOGIES. (2) CONFIRMATION OF MINUTES.

Minutes of the Ordinary Council Meeting of the Council held on 4 February 2009

(3) DECLARATIONS OF INTEREST.

GENERAL MANAGER

11/2009 Disclosures of Interest 3 (4) ADDRESS BY INVITED SPEAKERS. 4 (5) NOTICE OF INTENTION TO DEAL WITH MATTERS IN CONFIDENTIAL SESSION.

GENERAL MANAGER

12/2009 Notice of Intention to Deal with Matters in Confidential Session

5

(6) MAYORAL MINUTES.

5/2009 Councillors Community Strategic Planning Workshop Report from Strategic Consulting Solutions Pty Ltd

6

6/2009 Support for Victoria Fire Victims 8 This is of the Agenda of the Ordinary Council Meeting of the Cessnock City Council to be held on 18 February 2009

(7) BUSINESS OF WHICH WRITTEN NOTICE HAS BEEN GIVEN.

Lobbying of State Rail for Two (2) Extra Rail Services between Singleton and Maitland

9

Investigation into Providing the Village Area of Branxton with Public Amenities

10

Establishment of an Online Poll on Council’s Website

11

(8) OFFICERS' REPORTS.

DIRECTOR CITY PLANNING 10/2009 Establishment of Alcohol Free Zones 12 11/2009 Kitchener Rezoning: Section 94 Contributions

Plan and Development Control Plan 16

DIRECTOR INFRASTRUCTURE & SERVICES

8/2009 Kurri Kurri Rigby League Football Club Sub Committee Request for Assistance with Construction of Community Building

20

9/2009 Bus Transport Link between Cessnock and Morisset Railway Station

24

10/2009 Appointment of Section 355 Committees 27 11/2009 Adoption of a Policy Regulating the Use and

Processing of Council Fuel Cards 30

12/2009 Cunneens Bridge, Wollombi Replacement Alignment Options

33

DIRECTOR CORPORATE & COMMUNITY

4/2009 Charter of Policy Review Committee 46 5/2009 Investments Report – January 2009 49 6/2009 Revised Code of Meeting Practice 54 7/2009 Quarterly Financial Review as at

31 December 2008 57

8/2009 Notice of Motion - Wireless Internet for Vincent & Cooper Streets Cessnock

61

GENERAL MANAGER

13/2009 Review of the Management Plan for the Quarter Ending 31 December 2008

64

14/2009 2009 LGMA National Congress & Business Expo

70

15/2009 Status of Outstanding Questions Without Notice and Notices of Motion

72

16/2009 Staff Appointments/Resignations & Transfers 81 17/2009 Notice of Motion - 2008-2009 Capital Works

Construction Program 82

(9) QUESTIONS WITHOUT NOTICE. (10) COUNCILLORS' REPORTS. (11) REPORT OF THE CONFIDENTIAL SESSION OF THE ORDINARY COUNCIL

MEETING ON 18 FEBRUARY 2009.

This is of the Agenda of the Ordinary Council Meeting of the Cessnock City Council to be held on 18 February 2009

DECLARATIONS OF INTEREST

GENERAL MANAGER’S REPORT NO. 11/2009

SUBJECT: DISCLOSURES OF INTEREST

The provisions of chapter 14 of the Local Government Act, 1993 regulate the way in which Councillors and nominated staff of Council conduct themselves to ensure that there is no conflict between their private interests and their public trust. The Act prescribes that where a member of Council (or a Committee of Council) has a direct or indirect financial (pecuniary) interest in a matter to be considered at a meeting of the Council (or Committee), that interest must be disclosed as soon as practicable after the start of the meeting and the reasons for declaring such interest. As members are aware, the provisions of the Local Government Act restrict any member who has declared a pecuniary interest in any matter from participating in the discussions, voting on that matter, and require that member to vacate the Chamber. Council’s Code of Conduct provides that if members have a non-pecuniary conflict of interest, the nature of the conflict must be disclosed. The code also provides for a number of ways in which a member may manage non pecuniary conflicts of interest. RECOMMENDATION that Councillors now disclose any interests and reasons for declaring such interest in the matters under consideration by Council at this meeting. To: Ordinary Council Meeting B R MORTOMORE 18 February 2009 GENERAL MANAGER

12 February 2009


ADDRESS BY INVITED SPEAKERS The following persons have been given permission to address Council during the Ordinary Council meeting of 18 February 2009.

PERSON TO ADDRESS SUBJECT OF ADDRESS LENGTH OF ADDRESS

Mr Aaron Lewis Rover Coaches

Outline new proposed Cessnock/Morisset Bus/Rail Link. Growth buses under NSW Ministry of Transport Policy.

10 minutes

Mr A Palfreeman Wollombi

Cunneens Bridge – New bridge construction options and impact on property (Kalamondah)

10 minutes

Mrs Liz Roberts Convict Trail Project

Cunneens Bridge – Cultural and historical importance of the bridge and the historic convict crossing

10 minutes


NOTICE OF INTENTION TO DEAL WITH MATTERS IN CONFIDENTIAL SESSION


SUBJECT: NOTICE OF INTENTION TO DEAL WITH MATTERS IN CONFIDENTIAL SESSION

SUMMARY It is necessary for the council to adopt a resolution to formalise its intention to deal with certain matters in Confidential Session. The reports are incorporated in the “Confidential” business paper which has been circulated to Councillors. The Local Government Act, 1993 requires the General Manager to identify those matters listed on the business paper which may be categorised as confidential in terms of Section 10A of the Local Government Act, 1993. RECOMMENDATION that 1. Council consider in Confidential Session the following matters in accordance with

Section 10A (2)(a) and Section 10A(2)(d)(i) of the Local Government Act 1993: Mayoral Minute 4/2009 – General Manager’s Performance Review C&C 1/2009 – Investments Analysis – Collaterised Debt Obligations 2. Council consider Mayoral Minute No. 4/2009 – General Manager’s Performance

Review confidentially as it relates to personnel matters concerning particular individuals.

3. Council consider Director Corporate & Community Report No. 1/2009 – Investments

Analysis – Collaterised Debt Obligations confidentially for the reason that it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the persons who supplied it.

4. Council request the General Manager in accordance with Section 253 of the Local

Government Regulations 2005 report on this matter to the meeting in Open Session. To: Ordinary Council Meeting B R MORTOMORE 18 February 2009 GENERAL MANAGER

12 February 2009


This is of the Agenda of the Ordinary Council Meeting of the Cessnock City Council

MAYORAL MINUTES

MAYORAL MINUTE NO. 5/2009

SUBJECT: COUNCILLORS COMMUNITY STRATEGIC PLANNING WORKSHOP REPORT FROM STRATEGIC CONSULTING SOLUTIONS PTY LTD

REPORT Councillors, the General Manager and Directors attended the Community Strategic Planning Workshop on the weekend Friday 30 January, Saturday 31 January and Sunday 1 February 2009. The weekend was very informative and gave Councillors an opportunity to review the future of our community in a very positive fashion. Council has received a Report (Enclosure 1) from Mr Bob Howe, Director, Strategic Consulting Solutions Pty Ltd, with his following conclusions:-

“Councillors agreed at the Workshop to produce a new Community Strategic Plan based on community consultation over the next eighteen months. The Councillors responded to the opportunity to review the future of their community in a very positive fashion. They agreed to dissolve the current Strategic Planning Committee and make it a Committee of the Whole. This Committee will meet regularly (possibly monthly) to manage the strategic planning process separate from their normal operational mode. The timetable has been indicatively agreed to be completed by June 2010 and funds found to meet the planned extensive consultation process.”

The report contains recommendations which need to be considered by Council. Recommendations are also included for the Strategic Planning Committee which can be considered by that Committee when it next meets. The recommendations in this Mayoral Minute reflect Mr Howe’s recommendations to Council. RECOMMENDATION that: 1. The report be received and its content noted. 2. The report’s recommendations as listed below be endorsed by Council to be actioned

for implementation.

I. Change the existing Strategic Planning Committee to a Committee of the Whole and set regular meetings.

II. General Manager will provide a report to Council on the Charter for the revised Strategic Planning Committee (eg delegated authority, scope).

III. Resolve to prepare a 2020 Strategic Plan with a timetable to complete the document by June 2010 and Council to allocate a budget of $250K in the 2009/2010 Management Plan to cover costs.

IV. Councillors to establish a draft Vision for 2020 to be placed before the community for discussion and consultation.

to be held on 18 February 2009

Mayoral Minute No. 5/2009


V. The General Manager will provide a report to Council to establish a Plan for a Plan including:

• Assumptions from Directors

- Population options - Staff numbers - Economic conditions - Employment creation (local, sustainable) - Land use options - Tourism including a Vineyards Master Plan - Values - Management to provide guidelines for Council to agree (or

clarify) (incl production of an initial staff climate survey ) - Government grants (State & Federal Proactive approach) - Provide current and planned Asset conditions and expenditure (catch up

over 1 – 6 years on all infrastructure areas of council including: o Roads o Parks o Buildings (incl Cessnock Pool, Council Admin Building, Library) o Cycleways o Footpaths o Transport (an integrated strategy)

To: Ordinary Council Meeting ALISON DAVEY 18 February 2009 MAYOR

9 February 2009



MAYORAL MINUTE NO. 6/2009

SUBJECT: SUPPORT FOR VICTORIA FIRE VICTIMS

REPORT The recent devastating bushfires which raged through Victoria, have left a path of destruction with a death toll which could reach up to 230 and with many more injured. Reports indicate that communities have been completely wiped out and over 800 homes have been destroyed along with many other property losses. The loss of life is immense and is reported as one of Australia’s greatest natural disasters. To help overcome the devastation suffered by the victims, I recommend to Council a donation of $5,003 from the Donations Budget be provided to assist victims. (This donation will fully expend Council’s Donations Budget for this financial year.) This donation meets the criteria of Council’s Donation Policy F12.14 (Enclosure No.1) of Natural Disaster Appeals. The Red Cross is the main donation point for the Government’s 2009 Bushfire Fund Appeal and donations are also being received by the Commonwealth Bank Bushfire Appeal. The Country Fire Authority (CFA) volunteers have given a magnificent contribution in their support of the victims and their courageous efforts to contain the fires. RECOMMENDATION that: 1. Council make a contribution of $5,003 from the Donations Budget to assist with the

support of victims in the Victoria Bushfire devastation and this donation be forwarded to the local branch of the Commonwealth Bank for the Commonwealth Bank Bushfire Appeal.

2. A letter be sent to the Victoria Premier, The Hon John Brumby MP, expressing

Cessnock City’s expression of deep sympathy to the victims, their families and the communities that have been affected by this great tragedy.

To: Ordinary Council Meeting ALISON DAVEY 18 February 2009 MAYOR

9 February 2009


This is of the Agenda of the Ordinary Council Meeting of the Cessnock City Council to be held on 18 February 2009.

BUSINESS OF WHICH WRITTEN NOTICE HAS BEEN GIVEN

NOTICE OF MOTION

It is my intention to move at the meeting of 18 February the following: Motion That Cessnock City Council lobby State Rail for the inclusion of two (2) extra services between Singleton and Maitland and the addition of at least one extra car and more if required for existing services. Rationale The current services are not adequately servicing the community and as a result extra pressure is being placed on our now choked roads at peak times. The current services do not adequately service the needs of students who have to attend lectures at odd times during the day. Mr Martin Fallding addressed our last meeting and the research his group has done suggests that the times for extra services as he has indicated are essential for the residents using this line. Also as a result of several conversations that I have had with local residents from the area, the current services are overloaded and to encourage more residents to use the service it is imperative that more carriages be used for existing services. Given the expected increase in population in this area and the lack of foresight by developers to lobby State Rail themselves, action needs to be taken now to restore the public’s faith in our State Rail System Sgd: Clr Chris Parker Date: 9 February 2009



NOTICE OF MOTION

It is my intention to move at the meeting of 18 February the following: Motion That Cessnock City Council instigate as a matter of urgency an investigation into providing the Village area of Branxton with public amenities. Rationale Ever since the closure of the service station at Branxton, the residents and travellers do not have access to a public amenity as all other villages in our LGA do. The current toilets at the sports ground are locked most of the time as I have found out on many occasions when I operated a coach tour service from this area. I and the residents find the current situation unacceptable given the size of the Branxton community compared to other smaller communities in our LGA who all have these facilities available. Sgd: Clr Chris Parker Date: 9 February 2009



NOTICE OF MOTION

It is my intention to move at the meeting of 18 February the following: Motion That Council Officers investigate the possibility of establishing an online poll on the Council website. Officers should bring back a report detailing any associated costs, policy implications and a draft policy for use of the poll. A consideration of the policy should be that the adoption of poll questions would be as a resolution of Council, and submission for adoption would be allowed by both Council Staff and Councillors. Another feature of the policy would be the consideration of notifying the community by media release each time there is a new poll question asked. Rationale It is becoming increasingly more important for Cessnock Council to consider creative and strategic ways of lobbying the State and Federal Governments over retention of services, among other things. The Council website is one of the more accessible and used websites for our local community and inclusion of poll statistics when lobbying our State Member or other Ministers in the State Government could only enhance the points of view put forward by this Council. It is also a fairly quick means of receiving a response from our community on various issues. Sgd: Clr Rachel Main Date: 10 February 2009


OFFICER’S REPORTS

DIRECTOR CITY PLANNING REPORT NO. 10/2009

SUBJECT: ESTABLISHMENT OF ALCOHOL FREE ZONES

Environmental Health Co-ordinator, Ms J M Lange, reports: SUMMARY The purpose of this report is to re-establish of Alcohol Free Zones at Cessnock, Weston and Kurri Kurri. Maps of the proposed Zones are included in the enclosures. BACKGROUND Council at its meeting of 5 November 2008 considered a report regarding the re-establishment of Alcohol Free Zones within specific locations at Cessnock, Weston and Kurri Kurri. Council resolved to: 1) Advertise its intention to re-establish from the Alcohol Free Zones located at:

Cessnock

• Vincent Street, from Maitland Road to Cessnock Street, including cross-sections of Hall Street and Snape Street;

• Charlton Street from Snape Street to the area in front of the cinema and cinema carpark;

• Cooper Street, from Vincent Street to Keene Street; • Keen Street to the Rugby League Supporters Club parking area; • The sealed carpark in Vernon Street and Vernon Street from the intersection of

Quarrybylong Street to Allan Street; • Maitland Road in front of the Cessnock Hotel, public laneway adjoining the public

carpark at the rear.

Kurri Kurri

• Lang Street, from Allworth Street to Mitchell Avenue, including cross-street section to Mitchell Avenue/Victoria Street and Hampden Street;

• Barton Street, from Hampden Street to Allworth Street; • Allworth Street to the laneway and including the laneway behind the Kurri Kurri

Community Centre.

Weston

• Cessnock Road, between Hall Street and unnamed land west of Station Street; • Station Street, between First Street and Cessnock Road; • Overhead walkway over railway line and Embleton Street to Appleton Avenue.

2) Consult with the Officer in Charge of the police station within or nearest the proposed Zones, liquor licensees and secretaries of registered clubs, aboriginal and ethnic groups within the areas, and

Director City Planning Report No. 10/2009


3) Following the above consultation processes, a further report be submitted to Council in relation to the proposals for their determination.

4) The Alcohol Free Zones be in place for the maximum period of three (3) years. REPORT The re-establishment of Alcohol Free Zones in Cessnock, Kurri Kurri and Weston is supported by the Local police and the Cessnock Liquor Accord. It is expected to reduce irresponsible behaviour associated with the consumption of alcohol in public places. The Alcohol Free Zones will provide police with the power to seize alcohol in the immediate possession of a person in an alcohol free zone or at the police officers discretion they may issue a warning to a person drinking in an alcohol free zone. An Alcohol Free Zone must not operate until seven (7) days after publicily advertising the establishment of the Alcohol Free Zone and until the roads and carparks affected are adequately signposted. CONSULTATION The proposals were advertised in The Advertiser newspaper on 10 December 2008. Letters were forwarded to the Officers in Charge of Cessnock and Kurri Kurri Police Stations, liquor licensees and secretaries of registered clubs, the Barkuma Neighbourhood Centre, Awabakal Newcastle Aboriginal Co-op Ltd, Black Creek Aboriginal Multi-Purpose Centre, Gu-Dgodah Drug & Alcohol and the Ethnic Communities Council and Mindaribba Local Aboriginal Land Council. Residents and groups were requested to submit any representations regarding the re-establishment of the Zones. Council has received no written representations in relation to the advertised proposals. STRATEGIC LINKS a. Management Plan The Second Goal of Council’s Management Plan is: “To protect, enhance and promote our natural, developed and cultural environment”. b. Other Plans Cessnock City Councils Draft Crime Prevention Plan identifies Strategy 1 to Re-instate Alcohol Free Zones for Selected Areas within the Cessnock and Kurri CBD. STATUTORY IMPLICATIONS a. Policy and Procedural Implications Nil b. Financial Implications To replace the dates on existing signs and to install five (5) new signs this will cost $900 and has been provided for in the 2008/09 budget.



c. Legislative Implications The power for Council to establish Alcohol Free Zones is contained within Section 644-646 of the Local Government Act 1993. Ministerial Guidelines have been established which Council’s must follow when establishing Alcohol Free Zones. Recent legislative changes to sections 644(5) and 644B(4) of the Local Government Act 1993 have extended the maximum period from three (3) year to four (4) years. Although the proposed zones were advertised for a period of three (3) years, the department of Local Government has advised given the non-controversial nature of the establishment of the Alcohol Free Zones it would be appropriate for Council to establish the zones for four (4) years in line with the amended legislation. d. Risk Implications Nil e. Other Implications Nil OPTIONS Nil CONCLUSION The re-establishment of the Alcohol Free Zones will promote the safe use of road, footpaths and carparks within the Cessnock Local Government Area. RECOMMENDATION that: 1. Council resolve to adopt establish the Alcohol Free Zones for a period of four (4) years

located at:

Cessnock

• Vincent Street, from Maitland Road to Cessnock Street, including cross-sections of Hall Street and Snape Street;

• Charlton Street from Snape Street to the area in front of the cinema and cinema carpark;

• Cooper Street, from Vincent Street to Keene Street; • Keen Street to the Rugby League Supporters Club parking area; • The sealed carpark in Vernon Street and Vernon Street from the intersection of

Quarrybylong Street to Allan Street; • Maitland Road in front of the Cessnock Hotel, public laneway adjoining the public

carpark at the rear.

Kurri Kurri

• Lang Street, from Allworth Street to Mitchell Avenue, including cross-street section to Mitchell Avenue/Victoria Street and Hampden Street;

• Barton Street, from Hampden Street to Allworth Street; • Allworth Street to the laneway and including the laneway behind the Kurri Kurri

Community Centre.



Weston

• Cessnock Road, between Hall Street and unnamed land west of Station Street; • Station Street, between First Street and Cessnock Road; • Overhead walkway over railway line and Embleton Street to Appleton Avenue.

2. Council advertise the establishment of the Alcohol Free Zones. To: Ordinary Council Meeting D FITZGERALD 18 February 2009 DIRECTOR CITY PLANNING

8 February 2009


DIRECTOR CITY PLANNING REPORT NO. 11/2009

SUBJECT: KITCHENER REZONING: SECTION 94 CONTRIBUTIONS PLAN AND DEVELOPMENT CONTROL PLAN

Senior Strategic Planner, Darryll Quigley, reports: SUMMARY This report provides an overview of the comments and submissions received in response to the public exhibition of the draft Section 94 Contributions Plan and the draft Development Control Plan, for the Kitchener rezoning, endorsed by Council at its meeting of 16 July 2008. BACKGROUND This matter was reported to Council on 10 December 2008, where it was deferred, pending a Site Inspection and Briefing Session. A Site Inspection and Briefing Session was undertaken by Council on Thursday, 5 February 2009. Matters discussed included: • Residential density; • Road pattern; • Removal of vegetation; • Drainage; • Riparian Areas; and • Concept Plan. REPORT The draft section 94 Contributions Plan and draft Development Control Plan were exhibited from 23 July to 20 August 2008. Five (5) written submissions were received. Three (3) submissions dealt specifically with the draft Development Control Plan, regarding the loss of residential density due to the amount of open space, watercourses and / or native vegetation. Two (2) submissions dealt with both the draft Development Control Plan and the draft Section 94 Contributions Plan. While these submissions dealt with minor matters with the Contributions Plan, Council, on review of recent changes to the levying of contributions by the Department of Planning, has amended the draft Plan post exhibition, to address drainage and community facilities (cultural centre) for the Cessnock District. Draft Development Control Plan Submissions received on the draft DCP raised concerns with regard to residential density, subdivision design, road pattern, removal of vegetation, drainage and riparian areas. The loss of residential density in a number of areas in the Kitchener Investigation Area are due to the on site constraints, with the amount of open space, watercourses and / or native vegetation reflecting these on site characteristics. Those low lying areas that have a number of tributaries of Black Creek running through them are indicated as passive open space, incorporating on-site detention. These will need to be acquired and is detailed in the draft Contributions Plan. Notwithstanding this, where they are not specifically set aside for open space by the draft DCP, any future subdivision layout is likely to be in the form of large residential allotments. It should also be noted that in all cases there are areas in individual



ownerships that are relatively unencumbered and could readily be subdivided to lower densities on the provision of services. The exhibited Development Control Plan indicated a detailed road system. However, this has now been removed with the major access and boundary roads shown. The internal linkages will be subject to merit assessment on the submission of individual subdivision applications. In addition, the proposed extension of Heddon Street to the east has been located along the boundary line, between all properties concerned. This is considered reasonable so that no one property is burdened with road construction costs. The configuration of the medium density area has being amended to be centred around the primary school and water feature of the development. This builds on the established settlement principles of the City Wide Settlement Strategy, which aims to direct future settlement growth in a more compact, sustainable settlement hierarchy. In addition to a number of minor corrections, it is recommended that the draft Development Control Plan be amended to clarify issues relating to designated watercourses and mine subsidence. None of the changes are considered to substantially alter the intent or effect of the plan, addressing the submissions received. It is therefore not considered that re-exhibition will be required should Council resolve to incorporate the proposed changes. An amended draft Development Control Plan is attached to this report indicating the changes proposed. Draft Section 94 Contributions Plan The submissions received on the draft Contributions Plan dealt with minor matters relating to the form and content of this document. However, Council, on review of recent changes to the levying of contributions by the Department of Planning, has amended the draft Plan post exhibition to address drainage and community facilities (cultural centre) for the Cessnock District. While the aim of the draft Contributions Plan remains unaltered, an increase in the per lot contribution from $14,882 to $16,156 is now proposed. This is a significant adjustment, representing an additional $1,274 per lot. It is therefore recommended that the draft Contributions Plan be re-exhibited. CONSULTATION Following exhibition, the finalisation of the draft Development Control Plan and on-going preparation of the draft Section 94 Contributions Plan has involved extensive consultation, particularly with the Infrastructure and Services Department of Council. The Corporate and Community Department as well as a number of State agencies have also been consulted during this period. STRATEGIC LINKS a. Management Plan The following goals, objectives and outcomes in Council’s Management Plan relate to the Land Use Planning Program: Goal: Protect, enhance and promote the natural, developed and cultural

environment. Objectives: Continue to develop residential development controls which are sensitive to

localities.



Develop contemporary planning controls for City localities and precincts and incorporate them into Development Control Plan 2006 to ensure a high quality of development, further focussing on environmentally sustainable development principles. Review Development Contributions Plans on an on-going basis.

Outcome: Plans (development control and contributions) have been developed and

implemented which address land use and settlement issues. Using a combination of maps, diagrams and text, they will guide development and demonstrate how to achieve good quality residential development based upon the analysis of the local character.

b. Other Plans Kitchener was added into the Cessnock City Wide Settlement Strategy in October 2005. The land was also identified for urban purposes in the Lower Hunter Regional Strategy as an area being suitable for future urban development. STATUTORY IMPLICATIONS a. Policy and Procedural Implications On endorsement by Council, the proposed site specific development control plan (DCP) and Contributions Plan for the Kitchener Investigation Area will become effective upon gazettal of Cessnock Local Environmental Plan 1989 (Amendment No. 124). The DCP provides for the development of the land for urban purposes having regard to the proximity of the proposed urban development to land containing National Park and State Forest and the existing provisions of the Cessnock Development Control Plan 2006. This will form Chapter 10 of Part E: Specific Areas of the existing Cessnock DCP 2006. b. Financial Implications The draft site specific Section 94 Contributions Plan has been prepared for the Kitchener Investigation Area. This will progress concurrently with the assessment of the rezoning submission and consideration of the proposed amendments to the Cessnock Development Control Plan 2006. A copy of the draft Section 94 Contributions Plan is included in the enclosure document. Once endorsed by Council, the Contributions Plan will take affect from the gazettal of the Kitchener rezoning proposal and will assist Council in the funding of infrastructure projects in both the immediate locality and wider district. c. Legislative Implications Subject to the amendments proposed, the proposal has regard to the provisions of the Environmental Planning & Assessment Act 1979 and Regulation 2000, Water Management Act 2000, Threatened Species Conservation Act 1995, Rural Fires and Environmental Assessment Legislation Amendment Act 2002, Native Vegetation Act 2003, State Environmental Planning Policies and relevant Section 117 Ministerial Directions. d. Risk Implications The risk implications of the proposed rezoning of the land for urban purposes are considered by the subject assessment. Risks include fire hazard and potential loss of life in fire event, loss of significant vegetation / habitat as a result of the proposed clearing of the land and



adverse impacts on the adjoining National Park and State Forest as a result of future development of the land for urban purposes. e. Other Implications Generally, the implications relative to the rezoning are ensuring the timely provision of services and infrastructure, planning for suitable access (including planning for bushfire) and adequate provision for community facilities. OPTIONS 1. Endorse the proposed amendment to the draft Development Control Plan and the

draft Contributions Plan. 2. Not to support the proposed amendment to the draft Development Control Plan and/

or the draft Contributions Plan.

3. Amend the recommendation. CONCLUSION The draft Section 94 Contributions Plan and draft Development Control Plan were publicly exhibited and received submissions as detailed above. These submissions have been noted and where possible the concerns addressed through minor amendments to the Planning Controls. The draft Contributions Plan, however, required two significant alterations. These are primarily as a result of clarification as to the type of items for which a contribution can be made and address drainage and community facilities (cultural centre) for the Cessnock District. The aim of the draft Contributions Plan remains unaltered, but there is an increase in the per lot contribution from $14,882 to $16,156. As such, it is considered that the draft Section 94 Contribution Plan be re-exhibited. The standard exhibition period is twenty-eight (28) days. Should no submissions be received that would prevent the Plans adoption, it is recommended that the draft Section 94 Contributions Plan for Kitchener as submitted with this report be endorsed by Council. RECOMMENDATION that: 1. The Draft Development Control Plan be adopted by Council. 2. The Draft Section 94 Contributions Plan be re-exhibited for a period of 28 days. To: Ordinary Council Meeting D FITZGERALD 18 February 2009 DIRECTOR CITY PLANNING

4 February 2009


DIRECTOR INFRASTRUCTURE & SERVICES REPORT NO. 08/2009

SUBJECT: KURRI KURRI RUGBY LEAGUE FOOTBALL CLUB SUB COMMITTEE - REQUEST FOR ASSISTANCE WITH CONSTRUCTION OF COMMUNITY BUILDING

Recreation Services Manager, Ms N Benson, reports: SUMMARY This report is to bring to Council’s attention a request from the Kurri Kurri Rugby League Football Club Sub Committee (Sub Committee) for assistance with the construction of a community building at the Kurri Kurri Sportsground. BACKGROUND In July 2007 Council Officers met with representatives from the Kurri Kurri Rugby League Football Club Sub Committee following an approach to Council seeking assistance with the construction of a community facility at the Kurri Kurri Sportsground. The proposed facility consists of two storeys and contains change room facilities, toilets, storage, meeting room, gymnasium and a viewing area. Following the meeting the Sub Committee submitted a business plan to Council including a project outline, proposed operating principles for the facility, draft income and expenditure and concept plans. A copy of the documentation is included with the enclosure documents marked Attachment 1. In 2007 Council wrote to the Sub Committee advising that Council supported the proposal in principle but it was not in a position to contribute funding towards the construction of the community facility at that stage. The letter also stated that Council would assist with the submission of the Development Application. A copy of the documentation is included with the enclosure documents marked Attachment 2. In 2008 members of the Sub Committee met with the Mayor, Councillor John Clarence and Council Officers regarding the project, again seeking Council support. In August 2008 Council granted development consent for the construction of an amenities block (proposed community facility) at Kurri Kurri Sportsground. REPORT In January 2009 members of the Sub Committee met with the Mayor and Recreation Services Manager regarding Council support for the project. The Sub Committee provided an updated version of the business plan submitted in 2007 and the documentation has been included with the enclosure documents and marked Attachment 3. At the meeting the Sub Committee asked whether Council was in a position to contribute to the project and verbally estimated that between $450,000 and $500,000 would be required to construct the proposed facility. They went on to state that they have not secured any funding for the facility, however, would estimate the “in-kind” support to be in the vicinity of $100,000. The Sub Committee also indicated that they had full support from Federal Member for Hunter, The Hon Joel Fitzgibbon MP and Member for Cessnock, The Hon Kerry Hickey MP.

Director Infrastructure & Services Report No. 8/2009


The Recreation Services Manager advised the Sub Committee that the priority for works at the Kurri Kurri Sportsground for the past few years had been to improve and upgrade the existing facilities at the site, rather than commence construction of new ones. It was further stated that the request for assistance will be presented to Council for consideration as a means for Council to be made aware of the request and for the Sub Committee to be given a formal response on the matter. An analysis of the Recreation and Community Facilities budget has been undertaken and a source of funds for the project was not identified. A review of the draft Recreation and Open Space Strategic Plan did not reveal the need for additional facilities at the Kurri Kurri Sportsground. A review of the following factors was undertaken in considering the proposal: • How the proposal links to strategic plans. • External funding opportunities. • Support from stakeholders. • Addressing limitations in the provision of recreation and community facilities in Kurri Kurri. • The condition of existing facilities at the site. • The projected amount of use. Findings were as follows: • The proposal does not link to any of Council’s strategic plans. • External funding opportunities exist for the project and Council could assist with writing

applications and providing supportive data. • There appears to be good support from external stakeholders. • The draft Recreation and Open Space Strategic Plan did not reveal the need for

additional sporting facilities at the Kurri Kurri Sportsground. • Based on the current number of community facilities in Kurri Kurri (3) there does not

appear to be any obvious limitations in the provision of community facilities similar to the one proposed.

• The condition of the existing facilities at the site is considered to be poor and requiring ongoing maintenance. Expenditure at the Kurri Kurri Sportsground on planned maintenance to date has been as follows: 2005/06 $8,300, 2006/07 $23,000 and 2007/08 $31,000. These funds have been used to improve changerooms and the kiosk area and the draft Recreation budget proposes expenditure of a further $25,000 towards kiosk improvements.

• The Sub Committee projected 142 uses of the facility per annum by sporting and community groups.

CONSULTATION The Mayor Director Infrastructure & Services Recreation & Community Facilities Planner Building Services Coordinator Kurri Kurri Rugby League Football Club Kurri Kurri Rugby League Football Club Sub Committee



STRATEGIC LINKS a. Management Plan The construction of additional community facilities/amenities at the Kurri Kurri Sportsground is not listed in the current Management Plan. b. Other Plans Refer to comments relating to draft Recreation and Open Space Strategic Plan. STATUTORY IMPLICATIONS a. Policy and Procedural Implications N/A b. Financial Implications Funding for this project is not currently budgeted for by Council. It has been estimated that at least $25,000 should be factored into the Recreation budget for the next 5 years as a means to gradually improve the existing facilities at Kurri Kurri Sportsground. Specifically targeting the kiosk, ticket box, media box, fencing and grandstand. c. Legislative Implications N/A d. Risk Implications No risk at this stage; will be addressed in any further reports to Council. e. Other Implications N/A OPTIONS Option A Council could factor funds towards the project into future Recreation budgets. Each year previously adopted prioritised programs are reviewed based on a number of factors including facility conditions, consultation with user groups and key stakeholders, addressing limitations in the provision of recreation facilities, utilisation of facilities, links to strategic plans and/or Masterplans and maximising grant and joint venture funding. This option is not seen as desirable at this point in time as the final cost of the project is unknown. Furthermore, the preparation of the draft 2009/10 Recreation budgets are underway and based on the aforementioned factors to be considered when developing programs, there are many priorities ahead of the construction of additional facilities at Kurri Kurri Sportsground. Option B Council could assist the Sub Committee with the preparation of grant submissions.



Option C If the project progresses to the construction phase Council could consider providing a loan to the Sub Committee in line with Council Policy F12.10 Provision of Loans to Community and Sporting Organisations. The loan would be subject to Council’s financial position at the time as well as the provision of a Business Plan and Financial Strategy by the Sub Committee and its ability to repay the loan. CONCLUSION Council has met with the Sub Committee a number of times since 2007 and advised on each occasion that funding was unlikely to be provided towards the project. The condition of the existing facilities at Kurri Kurri Sportsground is poor and will require at least $25,000 per annum for the next 5 years to make gradual improvements and ensure the facility has the capacity to continue operating as a sportsground. The information contained within this report concludes that Council should continue to provide funds towards the ongoing maintenance of the existing facilities at Kurri Kurri Sportsground due to the condition of existing facilities at the site. RECOMMENDATION that: 1. The information be noted. 2. Council assist the Kurri Kurri Rugby League Football Club Sub Committee with

preparation of grant submissions. 3. Consideration at a later date for the provision of a loan to the Kurri Kurri Rugby

League Football Club Sub Committee to be in line with Council’s policy. To: Ordinary Council Meeting L OLDFIELD 18 February 2009 DIRECTOR INFRASTRUCTURE & SERVICES

6 February 2009



SUBJECT: BUS TRANSPORT LINK BETWEEN CESSNOCK AND MORISSET RAILWAY STATION

Traffic Engineering Officer, Mr J Carey, reports: SUMMARY This report is provided for the information of Council regarding Rover Coaches Pty Ltd being successful in its application for funding for the establishment of a bus transport link from Cessnock to Morisset Railway Station, as part of improved passenger services from Cessnock/Kurri Kurri to Lake Macquarie, the Central Coast and Sydney (and return), via the CityRail network. BACKGROUND On 22 July 2008, Council was notified by the Ministry of Transport, in response to previous correspondence, that the Ministry had received an application from Rover Coaches for funding to establish a bus service between Cessnock and Morisset Railway Station, as a connection to the CityRail train network between Newcastle and Sydney. At that time, the Ministry indicated that, because of the substantial cost to taxpayers, Rover Motors would be required to substantiate its case, based on patronage projections, evidence of demand, impact on other services and the ability of the proposed service to be supported from existing resources. In response to these further requirements, Rover Coaches conducted its own research (including customer and community surveys), indicating that a significant portion of rail journeys commenced and terminated in the Kurri Kurri and Cessnock areas. In July 2007, research by an independent transport consultant indicated that, in comparison to three other areas of NSW that have a similar bus-rail link to Sydney (Nowra, Moss Vale/ Mittagong and Lithgow), Cessnock had: • a higher population; • was a greater distance to Sydney (via the existing Maitland/Hamilton/Sydney route); • had a lesser number of services; • incurred an increased travel time (approximately 4 hours 10 minutes) and • a total travel cost of approximately $30.00, which is almost twice that of a direct rail

service over a similar distance. Council’s Traffic Committee initially considered the concept proposal as an item of General Business at the meeting held on 18 August 2008, where the Committee (overall) and Councillor Maybury in particular, supported the proposal. The matter was again considered by the Traffic Committee at the meeting held on 20 October 2008 as a formal item, where it was recommended that Council support the proposal. Council adopted this recommendation on 19 November 2008. REPORT In order to obtain support through the State Member’s office, Council wrote to the Hon Kerry Hickey MP indicating its support for the proposal, while seeking Mr Hickey’s support and representations to the Transport Minister, The Hon David Campbell MP.

Director & Infrastructure Services Report No. 9/2009


On 4 December 2008, the Ministry of Transport notified Rover Coaches that it “has conditionally approved funding support for two buses and an associated 70,000 kilometres”. Following on from this notification, Rover Coaches wrote to Council to advise of its success and to indicate its intentions to provide three weekday and two weekend services “as a significant achievement and doubtless a major improvement in the availability of public transport for our region. The positives for Cessnock – Kurri Kurri are clear for future growth for our City ... and one of our primary tasks is to service the nearest major railway stations by having regular services to Maitland, Newcastle and Morisset.” Rover Coaches expects to introduce the new service by February 2009 (with final approval from the Ministry) and has offered to attend a Council Meeting to announce the introduction of the service. Introduction of the new Cessnock to Morisset bus service is expected to include a review of Rover Coaches’ existing routes throughout the Cessnock area and as such, details of the review and any requirements for new infrastructure (such as bus stops/zones, bus seats and bus shelters). The additional bus numbers on the City’s roads and the likely impact of the service is not known at this time and can only be estimated, based on the increased attractiveness of the concept to commuters, on the basis of cost and travelling times. Council does not have details of Rover Coaches’ survey data regarding passenger numbers using the existing Cessnock – Maitland bus connection (currently provided by Rover Motors) travelling beyond Maitland on the existing CityRail rail network. As the new service will entail an addition to Rover Coaches’ existing scheduled services, formal Council approval will be required once the details of the new routes (and any new bus stops or zones) are determined. CONSULTATION Rover Coaches has undertaken extensive passenger and patron surveys to determine the origin and destination of passengers using Rover Coaches bus services between Cessnock and Maitland and rail services between Maitland/Hamilton and Hamilton/Morisset. The information gathered in these surveys was used by Rover Coaches to support its case for the proposed services between Cessnock and Morisset. Council was not involved in any of the consultation processes. STRATEGIC LINKS a. Management Plan This report relates to the Management Plan’s 1st Goal - Promoting and providing quality services and facilities which address the needs of the community. b. Other Plans Cessnock City Council’s Strategic Plan. STATUTORY IMPLICATIONS a. Policy and Procedural Implications Approval of any new proposed routes through the Cessnock LGA involves consideration by Council’s Local Traffic Committee and formal approval by Council before any new routes can be used.

Director & Infrastructure Services Report No. 9/2009


b. Financial Implications Costs associated with the day-to-day operation of the services will be met by Rover Coaches. Costs associated with the provision of new bus stop infrastructure (bus stop posts and seats) will be met from Council’s own budget resources, while any new bus shelters required would be subject to funding through future grants programmes. Costs associated with the installation of regulatory traffic and parking controls (such as bus zone parking restrictions) would be met from the RTA Traffic Facilities Block Grant. c. Legislative Implications New scheduled bus services on public roads involve approval from the traffic authority (the RTA, in the case of State Roads and classified Regional Roads, or Council’s Local Traffic Committee, under delegation from the RTA). d. Risk Implications The introduction of the new services is not expected to significantly increase Council’s public liability exposure as the installation of any new infrastructure (bus stops, seats or shelters) required will be installed by Council. e. Other Implications The proposal is expected to create a small number of additional bus movements throughout the Kurri Kurri and Cessnock areas of the local government area as routes are expected to be optimised along State Road links. CONCLUSION Rover Coaches announcement of its successful application to the Ministry of Transport for a bus connection between Cessnock and Morisset Railway Station is expected to provide improved transport options for the Cessnock and Kurri Kurri communities by offering significantly decreased travel times to the Lake Macquarie, Central Coast and Sydney regions of the State and vice versa. RECOMMENDATION that the information be noted. To: Ordinary Council Meeting L OLDFIELD 18 February 2009 DIRECTOR INFRASTRUCTURE & SERVICES

6 February 2009



SUBJECT: APPOINTMENT OF SECTION 355 COMMITTEE’S

Trainee Recreation and Community Officer, Emma Peel, reports: SUMMARY In line with the Local Government Act (1993), Council is required to reconsider each Section 355 Committee within 12 months of a Council election. Over the past three months Council Officers have been attending various Section 355 committee meetings across the Local Government Area to act as the returning officer in the re-election of committees. BACKGROUND Council has a number of options for managing and operating its diverse range of community and recreational facilities and services. The type of management framework is considered on a case by case scenario for each asset or service. One of the main management methods is the establishment and operation of Section 355 Committees. REPORT The utilisation of Section 355 Committees has proven to be an effective management option to date. It allows the local community and/or identified user groups to take an active role in managing and operating local facilities and services. Over the past four years Section 355 committees have carried out the daily management and operation of a number of Councils facilities, as well as encompassing the operation of Tidy Town Committees. As a Section 355 committee some are eligible for funding through Council’s various grant schemes and the majority of activities undertaken by the committee are covered by Council’s public liability insurance. Contained within the recommendations is a listing of the proposed Section 355 committees. It should be noted that the membership of each committee fluctuates and a record of current members is periodically reviewed. CONSULTATION Recreation Services Manager Community Facilities Planner Environment and Waste Manager Governance and Corporate Planning Manager 26 Section 355 Committees STRATEGIC LINKS a. Management Plan Section 355 Committees are linked to Goals 1.11.1 and 1.11.4 in the Management Plan where it states that Council will continue to support the local Tidy Town movement as well as liaise with two facility management committees per month regarding the provision of maintenance and management of community infrastructure.



b. Other Plans N/A STATUTORY IMPLICATIONS a. Policy and Procedural Implications Council Policy T35.3 Cessnock City Tidy Town Program, states that Council will adopt a Tidy Town Committee under Section 355 of the Local Government Act 1993 for insurance purposes. b. Financial Implications N/A c. Legislative Implications Under Section 355 of the Local Government Act Council may choose to exercise certain functions and Council is required to reconsider each Section 355 Committee within 12 months of a Council election. d. Risk Implications Nil e. Other Implications Nil OPTIONS N/A CONCLUSION Adoption of Section 355 Committees by Council allows the local community and/or identified user groups to take an active role in managing and operating local facilities and services. Committee members are volunteers from the local community and have demonstrated the effective management and operation of Council’s community facilities and tidy towns operations on behalf of Council for a number of years now. RECOMMENDATION that Council ratify the Section 355 Committees in line with the Local Government Act (1993) for the care, control and management of the following facilities and services: Community Facilities • Abermain Plaza Hall: Warren Parsons, Catherine Parsons, Rita Davis, Gai Olive, Linda

Courts. • Abermain School of Arts: Warren Parsons, Janice Norden, Catherine Parsons, Michelle

Bowers, Betty Parkinson, Dawn Edwards, Rose Parkes, Lorraine Meredith. • Bellbird Community Hall: Debbie Walters, Lorraine Renney. • Branxton Community Hall: Ron Hungerford, Maragret Coghlan, Alan Becker. • Ellalong Community Hall: Steve Kennett, Delise Chisolm.



• Kearsley Community Hall: Les Goldie, Jane Goldie, Chris Gregory, Anne Dunston. • Kurri Kurri Senior Citizen Centre: David Clark, Alex Horne, Ada Nellie Workman, Mervyn

Mahon, Alan Grey, Bernard Brown, Alexander Frame, Norman Mcleod. • Laguna Community Hall: Simone Smith, Carl Hoipo, Paul Flemming, Stuart Gibson, Joy

Legoiovich, Denise Bush, Allan Bush, Chris Davey, Sue Hicks. • Millfield Community Hall: George Davis, Ken Craft, Lorraine Craft, Nola McGregor. • North End Hall: Garry Payne, Sandra Burke, Colleen Payne. • Pokolbin Community Hall: John Drayton. Graham Woodwood, Greg Drayton. • Weston Civic Centre: Denis Yates, Jim Critchley, Pat Maybury, Lindsay Teasdale, Mick

Gilan, Jeff Maybury. • Wollombi Community Hall: Janece Harrison, Patricia Fry, Keith Thomas, Margaret Brown,

Margaret Thomas.

Tidy Town Committees • Abermain: Catherine Parsons, Linda Courts, Rose Parkes, Dawn Edwards, Betty

Parkinson. • Bellbird: Dianne Dunn, Vicki Noble, Jane Parkes, Amanda Murray. • Branxton: Melita Watson, Josaphine Rosenkranz, Denis Bard. • Bucketty: Paul Budde, Bernard Sahm. • Cessnock: Ken Victor, Eric Woodhouse, Alison Davey. • Ellalong: Steve Kennett, Roger Lewis, Mary Francis, Ted Sculley. • Greta: Denise Barwick, Pam Graham, Peter Hodges. • Kearsley: Les Goldie, Jane Goldie, Rosemary Donald. • Kurri: Beth Masterman, Bill Way, Pam Way. • Millfield: Geroge Davis, Ken Craft, Lorraine Craft, Nola McGregor. • Paxton: Patrick Davis, Brit Johns, Phillip Johns, Annette Bawden. • Weston: Dennis Yates, Jim Critchley, Jeff Maybury, Pat Maybury, Lindsay Teasdale. • Wollombi: Gillian James, Bernice Brown, Pat Evens. Wollombi Tennis Club Committee • Col Harrison, Janece Harrison, Patricia Evans, Peter Herborn, Voirrey Cochrane, David

Carpenter. To: Ordinary Council Meeting L OLDFIELD 18 February 2009 DIRECTOR INFRASTRUCTURE & SERVICES

6 February 2009



SUBJECT: ADOPTION OF A POLICY REGULATING THE USE AND PROCESSING OF COUNCIL FUEL CARDS

Infrastructure & Services Financial Co-ordinator, Mr B Hughes, reports: SUMMARY Council currently issues a number of Caltex Starcards to specified staff (and available to the Mayor) for the purchase of fuel for Council vehicles. Currently no formal guidelines exist in relation to the issue, usage and responsibilities of cardholders. The policy for fuel cards has been identified in the Fraud and Corruption Risk Assessment Management Plan. BACKGROUND These fuel cards are issued to the Mayor and senior staff that have full private usage of Council vehicles not under the “leaseback” system. As such Council pays for all maintenance and operating costs of the vehicle at all times including fuel purchased from service stations. To facilitate the payment for this fuel and reduce staff time involved in petty cash reimbursements, staff are issued with a fuel card (currently Caltex Starcard). REPORT Currently there exists no formal policy governing the roles and responsibilities of existing cardholders, financial accounting staff and the fuel card administrator. Nor are there clear guidelines on the process for the issue of a new fuel card. It is the intention of this policy to formalise the guidelines regarding the issue and usage of a card and the roles and responsibilities of the cardholder, finance staff and the fuel card administrator. The Use and Processing of Fuel Cards Policy specifies in the scope section who the policy applies to (there are currently approximately twenty four fuel card holders). The procedures section details the responsibilities of the cardholder, while the policy statements section details the responsibilities of all the key stakeholders. The Risk Management and Fraud Control section of the policy details the mechanisms and processes put in place to manage risk and to prevent fraudulent activity by the cardholders. The first attachment to the policy the “acknowledgement and acceptance of conditions of use of fuel card” form is designed to ensure that all cardholders understand the obligations and sign that they have read the policy and understand the conditions of use. The second attachment to the policy the “Authorisation for the issue of a fuel card” form provides staff with a mechanism to control the issue of a fuel card. The authorisation must be endorsed by their Director, approved by the General Manager and finally an officer from Logistics, Depot & Building Services is required to process the application.



Fuel cards currently issued at Cessnock City Council are: Authorised Officer General Manager Director Infrastructure & Services Director City Planning Director Corporate & Community Environmental & Waste Services Manager Civil Maintenance Manager Recreation Operations Manager Strategic Planning Manager Development Services Manager Major Projects Coordinator Building Assessment Coordinator Civil Construction Manager Recreation Services Manager Logistics, Depot & Building Services Manager Financial & Administrative Services Manager Information Systems Manager Human Resource Manager Infrastructure Services Manager Economic Development Manager Community & Cultural Programs Manager Health & Building Manager Governance & Corporate Planning Manager Infrastructure Strategy Manager Infrastructure Works Manager CONSULTATION Plant Superintendent Management Accountant Director Infrastructure & Services Financial & Administrative Services Manager STRATEGIC LINKS a. Management Plan The issue of fuel cards assists in the recruitment and retention of senior staff necessary to achieve the goals as specified in the Management Plan. b. Other Plans Fraud & Corruption Risk Assessment Management Plan STATUTORY IMPLICATIONS a. Policy and Procedural Implications Currently no policy exists governing the use of Fuel Cards. b. Financial Implications There are no financial implications associated with this report.



c. Legislative Implications There are no legislative implications associated with this report. d. Risk Implications In the absence of formal procedures and protocols there exists the risk of misuse, fraud or inappropriate purchases being made with Fuel Cards. e. Other Implications There are no environmental, social, community or insurance implications associated with this report. OPTIONS N/A CONCLUSION The adopted policy framework will govern the use of Fuel Cards and provide clarity in both the use and authorisation of purchases made with the cards. RECOMMENDATION that: 1. Council adopt the Use and Processing of Fuel Cards Policy detailed in the Enclosure to

this report, effective immediately. 2. The Policy is applied retrospectively with existing cardholders being subject to the

provision of the policy and signing the acceptance of the policy provisions. To: Ordinary Council Meeting L OLDFIELD 18 February 2009 DIRECTOR INFRASTRUCTURE & SERVICES

6 February 2009



SUBJECT: CUNNEENS BRIDGE, WOLLOMBI REPLACEMENT ALIGNMENT OPTIONS

Director Infrastructure & Services, Mr L Oldfield and Infrastructure Services Manager, Mr K Dillon, reports: SUMMARY Approval is sought to pursue the replacement of Cunneens Bridge at Wollombi by realignment of Paynes Crossing Road downstream of the existing timber bridge as reflected by Option 3 in the three (3) realignment options recently publicly exhibited for comment. The three options are shown in the Enclosures to this report. Due to community transport restrictions proposed by the 9 tonne load limit currently applied to the Cunneens Bridge structure, the need to pursue construction of the replacement bridge is considered urgent. Council is therefore urged to not defer consideration of this matter. BACKGROUND A report to Council detailing the Cunneens Bridge heritage assessment and resulting recommendations was submitted to Council at its Meeting of 20 September 2006 (Director S&CS Report No 129/2006). The Council resolved to adopt the following recommendations: 1. Council adopt the heritage study undertaken by Bill Jordan & Associates Pty Ltd for

conservation management of Cunneens Bridge. 2. Council adopt the proposal to construct a new bridge downstream of the existing

structure including architectural treatment as a “gateway” to Wollombi. 3. Council liaise with the Convict Trail Association concerning design of an interpretive area

for the Great North Road on the approach to the existing Cunneens Bridge. 4. Council forward a copy of the report and its proposal to construct a new bridge to the

NSW Heritage Office for approval. 5. Council place on exhibition the Cunneens Bridge Heritage Study and concept designs of

the proposed new structure for public comment. At its Ordinary Meeting held on 3 October 2007 Council considered the Director Works & Services Report No 16/2007 concerning subsequent developments with the Cunneens Bridge replacement project. At that meeting Council resolved: 1. Council approve further investigation of the upstream route option for the new bridge to

carry Paynes Crossing Road over Congewai Creek. 2. A further report be presented to Council on the outcome of the former cemetery

archaeological research as part of a review of the realignment options. On 10 December 2008 Council considered the Director Infrastructure & Services Report No. 33/2008 concerning route options developed for this project and resolved that: 1. Public exhibition of the three (3) route options developed for the replacement alignment

of Cunneens Bridge over Congewai Creek on Paynes Crossing Road at Wollombi shown in the Enclosures to this report occur from 12 December 2008 until 19 January 2009 and inviting public comment.



2. A report be presented on the submissions received to the Ordinary Meeting of Council to

be held on 4 February, 2009 with a recommended option. 3. Council formally express its appreciation to Mrs Elizabeth Roberts of the Convict Trail

Project Group for her research assistance in regard to this project. 4. That the petitioners be advised that Council will be mindful of their submission when

deliberating on the preferred option route at its 4 February 2009 meeting. 5. Each of the three (3) route options that are to be placed on public exhibition, clearly

showing how old the bridge will be retained or not in the short term and in the long term. 6. The consultative group continue as a process of Council. REPORT The three (3) options placed on exhibition were: Option 1 – Original route alignment downstream of the existing bridge. Option 2 – Route alignment upstream of the existing bridge. Option 3 – Modified route alignment downstream of the existing bridge. The three (3) route options were placed on public exhibition on 12 December 2008. Due to the high level of community interest it was also decided to hold a public meeting at Wollombi Community Hall on the project options and issues to facilitate informed comment. Due to the disruption caused by the Christmas/New Year and Australia Day holiday periods it was decided to hold the public meeting on Saturday 31 January 2009 and to extend the exhibition and comment period until 4 February, 2009 with a report on the matter provided to Council on 18 February. The public meeting was well attended (approximately 50 attendees) and included a PowerPoint presentation of the options and discussion of the main issues plus considerable opportunity provided for open consultation on any aspect of concern. Opportunity was also extended to both Ms Elizabeth Roberts, Executive-Director of the Convict Trail Project Inc. and Mr Tony Palfreeman, owner of the property ‘Kalamondah’ situated immediately downstream of Cunneens Bridge to address the meeting. The meeting was cordial in nature and continued for over two hours with generally positive feedback received. The meeting was useful in clarifying the community’s main issues of concern regarding the project as well as allowing dissemination of the most recent details on several aspects which continue to develop. In this regard the most recent project developments that have occurred since preparation of Report No 33/2008 concern:

• the widening intent of the proposed private project called the ‘Meeting of the Waters’ situated within the ‘Kalamondah’ property;

• the proposal to develop a ‘Wollombi Brook Cultural Precinct’ which seeks to combine the expanded private ‘Meeting of the Waters’ project with the proposed public Cunneens Bridge heritage interpretive area;

• the further hydraulic analyses undertaken by a consulting bridge engineer of both the existing and proposed bridge options with regard to foundation stability / site erosion potential and the potential to jeopardise the continued conservation of the Cunneens Bridge heritage relics.

• further investigations being undertaken concerning possible burials at the former Wesleyan cemetery



The main issues of community concern regarding the project are considered to be:

• Land acquisition requirements and road closure potential. • Impact on and respect for the former Wesleyan Cemetery site. • Visual and noise impacts of the new bridge and approaches on the ‘Kalamondah’

residence. • ‘Meeting of the Waters’ and possible cultural precinct project. • Preservation and safeguarding of the European heritage relics. • Preservation and respect for the indigenous relics and cultural significance of the

area. • Financial impacts. • Timeframe for construction.

These issues are discussed in further detail below. Proposed Road Widening Acquisitions and Road Closures All options require road widening acquisitions to varying extents to contain the proposed roadworks and the proposed interpretive area. All options also include opportunities to rationalise and/or formalise land ownerships by closing and transfer surplus areas of public road to offset part or all of any compensation for the necessary acquisitions and/or property adjustments. Most of the areas of proposed road closure are already enclosed by stock fencing by the adjacent affected property owners so it is anticipated that these proposed closures would form part of any compensation negotiations. The plans shown in the Enclosures detail the various acquisition and road closure parcels as well as the affected land owners. While there are numerous properties affected, the options only affect three (3) individual land owners. The following Table 1 summarises the proposed road widening and road closure areas associated with each option. Table 1

PROPERTY OWNER

PROPERTY NAME

ROUTE OPTION

ROAD WIDENING

ACQUISITION (m²)

ROAD CLOSURE AND SALE

(m²)

NET LAND AFFECT

(m²)

1 2,757 1,160 -1,597

2 1,810 1,654 -156

Mr A. Palfreeman

Kalamondah

3 1,168 1,027 -141

1 168 1,368 +1,200

2 2,437 1,197 -1,240

Mr R. Thompson The Rectory

3 498 1,697 +1,199

1 1068 0 -1,068

2 3,199 0 -3,199

Mr R. Harris

3 1,068 0 -1,068

Option 2 involves the greatest overall area of acquisition with Option 3 requiring the least. Option 3 incorporates the best net road acquisition / closure balance for the affected owners as well as reasonable equity to dealings with the affected parties. The areas identified for acquisition from Mr. R. Harris involve purchase of the entire parcel(s). The existing timber bridge encroaches substantially over Lot 9, Section 4, DP 759103 hence



it is proposed to acquire this parcel in all options to formalise Council’s interest. Similarly, part of Lot 1, Section 40, DP759103 is also affected by the existing bridge encroachment. Option 2 has a dramatic affect on the practicality of reinstating vehicular access to the three lots owned by Mr Harris and it is therefore intended to acquire all three parcels with this Option. The majority of this land comprises the bed and banks of Congewai Creek and is considered unsuitable for grazing purposes. This area is therefore not proposed for consolidation with ‘The Rectory’ land adjacent. That part of ‘The Rectory’ property is currently used by Council under licence for effluent disposal from the nearby public toilets at Wollombi so part of the acquired land may be a suitable adjunct area for that use. Lot 9 will be useful to provide access to the timber bridge relics and could also form part of the proposed heritage interpretive area. The NSW Heritage Branch have requested that Council retain ownership of the existing road-in-use and not rehabilitate the redundant areas of existing road pavement to allow future interpretation of the historic alignment in the landscape. Consequently, the road closure options proposed have been slightly reduced to accommodate this request. At a recent on-site meeting with interested residents and at the public meeting held on 31 January 2009, the proposed location of the interpretive area and associated parking areas for the timber bridge relics were requested to be relocated to the southern (Wollombi township) side of the creek. This would enable the parking areas to also be convenient for use by visitors to the ‘Meeting of the Waters’ project should that project proceed. This request has been accommodated in all Options and also accounts for the slightly varied road acquisition/closure areas compared to those previously identified. Former Wesleyan Cemetery Site Extensive investigations undertaken to date have concluded that there is at least 1 registered burial in the former Wesleyan Cemetery at Wollombi, namely:

• Elizabeth Charter aged 55 died 28 July 1864. The records do not indicate the location of her burial plot within the formeter cemetery hence there is no means of confidently avoiding the burial site with Option 2. Research is continuing with regard to two (2) other persons of interest, Thomas and Emmy (Emma) Manser (died 1885 and 1897 respectively), both of whom are forebears of the owner of ‘The Rectory’ property which encompasses the former cemetery site. Whilst they were known to be Wesleyans it is unclear whether they were buried in the Wesleyan or Anglican Cemetery. Understandably the more extensive site disturbance required by Option 2 is strongly opposed by the owner of ‘The Rectory’ property Mr Thompson. The cemetery was established before the registration of burials became compulsory in NSW, so there does exist a possibility that some additional unknown burials have occurred at the site. The impact of Option 2 has been tempered by restricting proposed pavement excavation works to the top 200mm of soil, reflective of the likely depth of historic agricultural cultivation that could have occurred on this site since deconsecration of the cemetery. This approach to Option 2 has been supported by the NSW Heritage Branch, subject to further archaeological investigation and treatment of the site if evidence of a burial is discovered during construction. Regardless of the outcome of the burial research work currently underway, the likelihood of physically encountering any evidence of burials at the former cemetery is considered low. Option 2 is therefore considered viable but includes the risk of incurring additional costs over



either Options 1 or 3 of up to $80,000 associated with the former cemetery site. This allowance has been included in the financial implications outlined further in this report. If the further archaeological investigations reveal the presence of a burial plot then it is proposed to bridge over the entire affected former cemetery area using a reinforced concrete sub-base treatment for the road pavement. This approach has been approved by the NSW Heritage Branch. No exhumation of any such plots would be required, however the location would be recorded by survey and reference to such findings included as part of the proposed interpretive area information display. Visual and Noise Impact of the New Bridge on Residents The proposed bridge is intended to incorporate special traffic barrier treatments similar to those recently erected on the Hinton Bridge near Morpeth. This style of treatment is reflective of the historic timber ordinance barriers but is made from powder-coated galvanised steel and complies with current safety standards. The Convict Trail Project Inc. has supported this treatment. A photo of the proposed barrier style is shown in the Enclosures. This treatment is proposed as the ‘Entry Statement’ to Wollombi Township and hence needs to be somewhat visually prominent. This barrier will extend approximately 1.2m above the bridge deck level and transition to a normal guard fence barriers on the bridge approaches. The proposed bridge deck level will be between 2.5 and 4.5m higher than the existing timber bridge deck level (depending upon which option is adopted) to provide an improved flood-free access amenity and minimise approach road earthworks due to the archaeological constraints at the site. While the existing Cunneens Bridge is already substantially more flood-free than either of the nearby Williams Bridge or Paynes Crossing Bridge, both of these latter mentioned timber bridges are likely to be replaced in the not-too-distant future, and it could be expected that the replacement structures would occur at levels commensurate with the proposed flood–free frequency of the replacement Cunneens Bridge (Based upon the 1 in 5 year flood level). Concern has been expressed by the owner of ‘Kalamondah’ that the visual prominence of the new bridge and barriers will detract from the scenic vista currently enjoyed from his residence. This aspect has been investigated by on-site survey of the limits of the proposed bridge deck for Options 2 and 3. The existing bridge cannot be viewed from the ‘Kalamondah’ residence due to the riparian vegetation immediately downstream of the Cunneens Bridge site. This vegetation will substantially screen most of any bridge option from view from the ‘Kalamondah’ residence. Only the northern end of any new bridge is likely to be visible from that residence which is situated approximately 250m from the bridge site. The bridge site with Option 2 projects slightly further northward than the other options and further beyond the existing riparian vegetation screen within the ‘Kalamondah’ property. Additional tree plantings are possible and are proposed as part of the project to address any visual concerns from the owners of ‘The Rectory’ and ‘Kalamondah’. The owner of ‘Kalamondah’ has already undertaken considerable riparian revegetation measures in this vicinity associated with his ‘Meeting of the Waters ‘ project and these trees will help reinforce the visual screen currently available to the bridge site. The height of the preferred route will be further reviewed to ensure the optimum elevation is achieved to help reduce any visual impact. Due to the archaeological aspect of the project, it is highly desirable to minimise the extent of excavation works necessary with all options. However, there may be an opportunity to locally lower the bridge profile to help minimise its visibility from the ‘Kalamondah’ residence.



The visual impact on nearby residences associated with any of the route options is therefore considered minor and can readily be addressed as part of the project. This issue is therefore not considered a crucial factor in determining a preferred route option. The owner of ‘Kalamondah has also expressed concerns regarding traffic noise associated with the new bridge and realigned road. Noise associated with traffic negotiating the existing bridge timber decking will be eliminated with the new concrete structure. Traffic noise associated with the road approaches is also expected to be substantially reduced due to the improved road curvature, improved pavement super-elevation (camber), smoother road surfacing and improved road delineation by linemarking and barriers. These aspects assist drivers to better negotiate the road and hence traffic noise associated with harsh braking and tight cornering are minimised. The improved road grades proposed for all options will also help reduce vehicle exhaust noise, especially from heavy vehicles exiting the bridge. The new bridge will be a two-lane facility so any braking noise associated with the current ‘Give Way’ requirements at the existing bridge (and temporary chicane) will be eliminated. Several residents have requested that consideration be given to lowering the regulatory speed limit in the vicinity of Cunneens Bridge from 60kph to 50kph due to the number of residences in this area and to help reduce traffic noise and improve road safety. This request would need to be determined by the RTA as the regulatory authority for such matters. It is intended to refer the request along with the selected route details to the RTA for its consideration. ‘Meeting of the Waters’ Project and Possible Cultural Precinct The ‘Meeting of the Waters’ project is a private proposal within the ‘Kalamondah’ property downstream of Cunneens Bridge. It initially involved landcare-type improvements to the creek banks and riparian habitat by way of tree planting and livestock exclusion fencing. This work has been completed with funding assistance from the NSW Department of Water and Energy. The project name reflects the nearby confluence of Congewai Creek with Wollombi Brook (south branch) which occurs approximately 150m downstream from the existing Cunneens Bridge. The confluence is not visually apparent from the existing bridge and is unlikely to be visible from any new bridge, especially once the recent riparian re-vegetation plantings become more established. A recent proposal advanced by the owner of ‘Kalamondah’ and supported by a consortium of volunteers and community groups is to combine the European culturally significant areas at Cunneens Bridge with the indigenous culturally significant area at the nearby creek confluence to form an expanded ‘Meeting of the Waters’ project. The proposal is intended as the ‘Wollombi Brook Cultural Precinct’ and to form part of the Convict Trail Project. An opportunity to outline the proposal at the public meeting held on 31 January was provided to Mrs Elizabeth Roberts from the Convict Trail Project Inc. A copy of the proposal outline is included in the Enclosures to this report. The proposal is best accommodated by Option 2 as the vista downstream from the existing timber bridge will be impacted by the presence of the replacement bridge with either Option 1 or 3. The owner of ‘Kalamondah’ has recently indicated a preparedness to allow restricted access onto the ‘Kalamondah’ property by school excursion groups, tertiary education students and the like. General public access to the confluence area is not intended. The aim is to allow viewing and study of the creek confluence area and the recent riparian re-vegetation works in combination with a visit to the proposed Cunneens Bridge interpretive area. The proposal seeks to combine the indigenous and riparian significance of the creek confluence area with the European heritage significance of the Cunneens Bridge and former cemetery sites to form an inter-connected cultural precinct. Access is proposed by way of an access trail loop within ‘Kalamondah’ involving an above-creek and an in-creek pedestrian track between the creek confluence and Cunneens Bridge.



The new proposal is considered to have merit as an educational opportunity and cultural experience. However, the proposal primarily involves private property and access is intended to be restricted to invitees only. Acquisition of the affected area to allow general public access is not recommended as it has cost implications and would effectively separate the ‘Kalamondah’ grazing land creating stock movement restrictions. However, this can be reviewed when a formal proposal for this project is submitted to Council. The proponents of the expanded project have indicated that a key aspect of the proposal’s appeal is retention of a heritage continuum upstream, from the indigenous significance at the creek confluence; past the former bridge relics and the existing timber bridge, to an upstream (Option 2) bridge. The suggested continuum relates to both the physical and temporal relationship between the points of interest. The location of the existing (third) timber bridge coincides with the position of the original convict-built bridge, with the second low-level bridge built downstream. The relics of the first and second bridges are apparent along the creek for over 100m downstream of the existing bridge and may extend beyond the creek confluence area. The proponent and supporters of the new ‘Meeting of the Waters’ project have also asserted that the downstream Options 1 or 3 would create an unacceptable visual foreground to the creek confluence area compared with that created by Option 2. The downstream bridge Options 1 and 3 will be viewed from the downstream area and the bridge deck and superstructure of these options will be several metres above the existing bridge deck level. All options propose that the interpretive area pedestrian access to the existing Cunneens Bridge will be restricted to the upper creek banks and extend only as far as necessary to provide a suitable vantage point to allow visitors to appreciate the sandstone wingwalls. A petition in support of the expanded ‘Meeting of the Waters’ project and cultural precinct and upstream Option 2 has been received. It contains 150 signatories, two (2) of which have subsequently written to Council withdrawing their support citing inadequate or mis-information at the time of signing and now indicating support for Option 3. The petitioner’s details have been reviewed and it is noted that approximately 40% of signatories have indicated a residential address outside the Cessnock Local Government Area (LGA). That petition can be contrasted with the petition reported in the Director Infrastructure & Services Report No. 33/2008 containing 139 signatories supporting downstream Option 1. That petition cited improved road safety with the Option 1 alignment and preservation of the former cemetery site as justification. The road safety issue is not considered a determinative issue for the preferred route alignment as all options are considered of similar design standard. That petition in support of downstream Option 1 and preservation of the former cemetery site was submitted before Option 3 was developed. Preservation of European Heritage Relics The European heritage relics at the site include the existing timber bridge and sandstone wingwall treatments, the remnants of the former bridges, the former Wesleyan Cemetery site, the pick marks in the sandstone outcrops in the road excavations near the accesses to ‘The Rectory’ and ‘Kalamondah’ residences. It also includes the more modern relic of the shed Within the road reserve situated opposite to the ‘Kalamondah’ residence which is required to be demolished. Included in the former bridge remnants is the earth formation ‘zig-zag’ on the southern (Wollombi township) side of the creek which is thought to be part of the road approach to the second low-level timber bridge constructed at this site. This earth formation would be slightly



affected at its upper end only by the bridge abutments for downstream Options 1 or 3 but unaffected by Option 2. All bridge replacement options are positioned clear of the existing timber bridge and it is intended to keep the existing bridge in operation during construction of the new structure. No subsequent demolition of the existing structure is proposed. The final traffic switch from the existing bridge to the new bridge for all options will require some minor staging of the approach roadworks due to the close proximity and deck level difference of the bridges. Once traffic is re-routed onto the new bridge, the existing bridge will become inaccessible to vehicular traffic. However pedestrian access will be reinstated by way of ramps constructed as part of the new bridge approach roadworks. The new bridge will include a separated 1.8m wide footway which will be the primary pedestrian route. On-road cyclist amenity will be available on the new bridge. Due to the primary importance of safeguarding the existing sandstone wingwalls (which may partially have some convict links), piling will be restricted to bored pile construction to eliminate the soil vibration associated with driven piles. As mention above the potential threat to the existing bridge and sandstone wingwalls posed by the upstream Option 2 has been analysed by a bridge design consultant. He has concluded that: “A new upstream bridge does not change the velocities at the existing bridge greatly – a 7% general increase is calculated. But the energy will increase by 15% and some additional scour would occur. Hydraulic loads on the bridge structure would increase in proportion to the energy, but this on its own would not significantly increase the risk. The standard timber designs are fairly robust structures.” The average flow velocity at the existing bridge for the 1 in 5 year Average Recurrence Interval (ARI) flood event has been determined by the consultant as 2.28m/s, and this is estimated to increase to 2.44m/s with an upstream bridge (7% increase). The desirable velocity limit for stability of vegetated creek banks is recommended at 2.0m/s for short-term inundation, and this limit reduces for prolonged inundation as occurs at the Cunneens Bridge site. The existing site is therefore considered to already be at moderate-high risk of creek bank and bed erosion, and this risk is considered to increase slightly with upstream Option 2. The consultant has also identified that increased turbulence caused by the piers of an upstream bridge would be likely to result in additional local scour in the vicinity of the existing timber bridge piers. This could affect their stability and that of the adjacent stonework. This new additional risk has not been quantified however the existing bridge is already at risk due to the existing scour velocity being 2.28 m/s In view of the identified moderate-high risk of creek bank erosion associated with the existing bridge, consideration should be given to implementing suitable safeguards in conjunction with any option, but most importantly if Option 2 is adopted. By contrast, the consultant has concluded that “The effect of the downstream bridge will be slightly positive with respect to the existing bridge. There will be no local effects and the velocities are slightly lower because of the afflux it causes”. In relation to the remnant timber members of the former bridges at this site, Option 2 upstream avoids any potential for conflict with these relics whereas Options 1 and 3 may slightly impact upon them. These relics are considered of secondary importance to the sandstone wingwalls and existing bridge. These relics are scattered along the creek bed and banks for over 100m downstream of the existing bridge, hence the location of piling for any downstream bridge could coincide with such relics. If a downstream option is adopted then detailed site survey and creek bed probing will be undertaken to ascertain the précis location



of such relics and the piling design reviewed to best accommodate the relics. Nevertheless, the potential for some minor conflict would remain. This cost has been included in options 1 and 3 at approximately $20,000. The potential for impact on the former Wesleyan Cemetery site associated with Option 2 is discussed above under the ‘Former Wesleyan Cemetery Site’ item and is not repeated. The pick marks on the sandstone excavations near the accesses to ‘The Rectory and ‘Kalamondah’ properties can be preserved with all options. The old shed adjacent to ‘Kalamondah’ needs to be demolished with all options but will need to be documented and the subject of archival recording prior to demolition. This approach has been supported by the NSW Heritage Branch of the Department of Planning. Options to manage the ongoing status and use of the existing timber bridge following completion of the new bridge have not been addressed at this time as they are not considered a necessary consideration associated with selection of the replacement bridge alignment. This issue is intended to be addressed as part of the report on bridge tenders received as works under the tender is intended to include establishment of the interpretive area access to the existing sandstone wingwalls. Preservation and Respect for Indigenous Cultural Areas The research undertaken has revealed a total of 107 stone artefacts of likely indigenous origin. Most (86) artefacts were encountered in Pit 1 of the Potential Archaeological Deposit (PAD) No. 2 situated on the spur ridge near the ‘Kalamondah’ residence. The findings in Pit 1 were considered of low-moderate significance. The consultant has recommended that the Minister administering the NSW National Parks and Wildlife Act, 1974, consider issuing a section 90, ‘Permit to Destroy’ for all areas other than on the spur ridge. Whether the Minister will require further salvage to occur in the spur ridge area will be the subject of further discussions and negotiations with the local indigenous stakeholders and the National Parks and Wildlife Service (NPWS). Notwithstanding, the research has indicated that this issue should not affect the route alignment decision as the spur ridge is required to be disturbed by all route options. Of the nine (9) indigenous stakeholders consulted during the research phase, only one (1), the Mindaribba Local Area Land Council, has raised objection to the proposed realignment routes. Council staff have arranged to continue dialogue with that Land Council’s representative to ascertain the nature of their objection and discuss project options to ameliorate the perceived impact(s). Avoidance of disturbance to the spur ridge on PAD No. 2 is not considered practical. Alternative realignment routes would either need to be either much closer to the more culturally significant ‘Meeting of the Waters’ creek confluence area or have a far more significant affect on the ‘Kalamondah’ residence, neither of which are considered desirable. The creek confluence area is considered to be culturally significant to all local indigenous stakeholders. All options are considered sufficiently remote from this area (at least 120m) so as to not compromise this significance, however Option 2 provides approximately 30m increased separation compared to Options 1 and 3.



CONSULTATION The proposed public exhibition of all three (3) options commenced on 12 December 2008 and public comment on the issues has continued until final preparation of this report on 9 February 2009. In addition, with the assistance of the Wollombi Valley Progress Association, a public meeting with PowerPoint presentation followed by an open forum question and answer opportunity was conducted at the Wollombi Community Hall on 31 January 2009. Extensive ongoing consultation has also occurred throughout the Wollombi community concerning progress with the project. Monthly updates have continued to be provided to the Wollombi Valley Progress Association and also to the ‘Our Own News’ (OON)’ publication circulated in Wollombi and surrounding communities, former Cunneens Bridge Group Members and Councillors. Numerous discussions have been held with the main affected landowners, Mr Tony Palfreeman (‘Kalamondah’) and Mr Rex Thompson (‘The Rectory’) concerning the various options and acquisition / closure impacts. Further consultation is also proposed with representatives of the Mindaribba Local Area Land Council concerning the proposed disturbance to the spur ridge within PAD No. 2 near the ‘Kalamondah’ residence. As a result of the additional public exhibition a total of 69 individuals and/or organisations have provided written submissions commenting on the route options. A total of 45 signatories (65%) have indicated support for Option 3 with 24 signatories (35%) indicating support for Option 2. No respondent indicated support for Option 1. It is therefore concluded that there is stronger local support for the downstream route Option 3 to be implemented. The submissions have been analysed in terms of the issues raised to justify the preferred option. The following Table 2 summarises the key issues identified and route option preferred. Table 2.

Key Issues Mentioned Option 2 Preferred Option 3 Preferred Fair Acquisition Treatment 0 22 Lowest Cost 0 17 Meeting of the Waters Project Support 19 4 Cemetery Impact Concerns 0 15

Preserve Existing Bridge 18 24 Respect Indigenous Cultural Heritage 20 3

STRATEGIC LINKS a. Management Plan N/A b. Other Plans N/A STATUTORY IMPLICATIONS a. Policy and Procedural Implications N/A



b. Financial Implications The following cost summary is provided for the three options. Option 1 Replacement bridge $1,200,000Approach roadworks $950,000Increased land acquisition costs $0Cemetery investigation and pavement works $0Property adjustment costs to ‘The Rectory’ (new dam, cattle yards) $0Creek bed probing and relic survey $20,000

Total $2,170,000.00 Option 2 Replacement bridge $1,200,000Approach roadworks $1,010,000Increased land acquisition costs $50,000Cemetery investigation and pavement works (provisional) $80,000Property adjustment costs to ‘The Rectory’ (new dam, cattle yards) $10,000

Total $2,350,000.00 Option 3 Replacement bridge $1,200,000Approach roadworks $950,000Increased land acquisition costs $0Cemetery investigation and pavement works $0Property adjustment costs to ‘The Rectory’ (new dam, cattle yards) $0Creek bed probing and relic survey $20,000

Total $2,170,000.00 The additional costs associated with Option 2 are estimated to total approximately $180,000. The estimated costs should be regarded as preliminary only. It is recommended that open tenders be invited for the bridge works with the roadworks intended to be undertaken by Council’s day labour staff. Archaeological aspects of the project may well have a substantial impact on the final project cost should the National Parks and Wildlife Service require salvage of indigenous artefacts on the disturbed section of the spur ridge within PAD No. 2, or should further artefacts or relics of significance be encountered during construction. But these costs will be the same for all options. Existing available funds are being reviewed and a further report will be presented to Council in conjunction with preparation of the 2009/2010 Capital Works Programs. Details will be included for Council’s consideration with the report on tenders received for construction of the bridge. c. Legislative Implications N/A. d. Risk Implications Delays in undertaking the works could jeopardise completion of expenditure of the Auslink funds available for the project due before 30 June 2010, which would have financial implication for Council. Council however has power to use and occupy any land necessary



adjacent to a public road to carry out road works pursuant to section 175, Roads Act, 1993. This power could be exercised if necessary to avoid forfeiture of the funding. Delays also have consequence for the continued functionality of the existing bridge which is currently restricted to a 9 tonne gross vehicle mass loading. The recent concrete chicanes installed along Paynes Crossing Road have helped reduce the volume of over-loaded vehicles using the route and traffic is being periodically monitored to check compliance. The risk of structural damage to the bridge however remains as smaller over-loaded trucks can still access the bridge. The longer the delay in constructing the new bridge the more likely that the cost of the new works will increase and additional expenditure will be required to maintain the existing structure in service. It is therefore considered imperative that Council not defer consideration of this matter. The project has significant inherent archaeological risks associated with both indigenous and European cultural heritage aspects. These risk relate to both expenditure increases and substantial delay in obtaining approvals for and completing construction works. Such risks are considered unavoidable for projects involving the Great North Road. e. Other Implications Project Timetable Following Council’s adoption of a preferred route detailed design of the bridge will be commenced along with preparation of tender documents. Road widening acquisition negotiations will also be pursued as a high priority. Approval from the NSW NP&WS is still required to disturb or destroy the indigenous PAD areas and this aspect will also be urgently pursued along with utility relocations. Once the pre-construction aspects are complete construction of the bridge and approaches is estimated to take approximately 6 months, subject to any delays due to archaeological constraints. At this time it is estimated that the project can be completed by approximately Christmas 2009/early 2010. This represents the ‘best case’ scenario. OPTIONS The community submissions have indicated that Council’s preferred route options should be confined to either Option 2 upstream or Option 3 downstream. Route Option 3 is considered to have numerous benefits .These include: Lowest cost. Least net road widening acquisitions and property impacts. Additional creek bank scour protection measures are less warranted. Provides respect for the former cemetery site and avoids further site research costs. Slightly shorter route. The benefits associated with Option 2 are: Facilitates the possible expanded ‘Meeting of the Waters’ project and cultural precinct spacial continuum. Affords an uninterrupted natural view when looking downstream from the existing timber bridge. Affords a better view of the existing timber bridge when viewed from the creek confluence area.



Eliminates the slight risk of piles affecting timber relics scattered downstream of the existing bridge. CONCLUSION Both options have merit and involved competing aspect of a technical nature and cultural significance valuation. These need to be weighted to identify the preferred option. Either option is practically viable and both have NSW Heritage Branch support. The key issues are seen as :

• Whether the benefits of Option 2 in retaining the downstream natural vista from the existing Cunneens Bridge to provide the visual continuum associated with the proposed cultural precinct outweighs the additional estimated cost of Option 2 -$180,000.

• Whether minimising the extent of property acquisitions and adopting the more equitable treatment of affected landowners by adoption of Option 3 is an important consideration.

• Whether minimising disturbance of the former Wesleyan Cemetery site by adoption of Option 3 is a significant consideration in view of the low number of likely burials.

It is therefore recommended that Council adopt Option 3. RECOMMENDATION that: 1. Paynes Crossing Road and the replacement Cunneens Bridge over Congewai Creek

at Wollombi be aligned as shown by route Option 3 in the Enclosures to this report. 2. The road widening acquisitions and proposed road closures and sales identified along

Paynes Crossing Road associated with the Option 3 route be undertaken by private treaty negotiations if feasible, or by compulsory acquisition if considered necessary.

3. Open tenders be invited for construction of the replacement Cunneens Bridge. 4. The necessary project budget be addressed as part of Council’s 2009/2010 Capital

Works Program deliberations and included with the report on the bridge tenders received.

5. Council formally express its appreciation to the Wollombi Valley Progress Association

for its considerable assistance in conducting the public meeting held on 31 January 2009 to discuss this project.

To: Ordinary Council Meeting L OLDFIELD 18 February 2009 DIRECTOR INFRASTRUCTURE & SERVICES

11 February 2009


DIRECTOR CORPORATE & COMMUNITY REPORT NO. 4/2009

SUBJECT: CHARTER OF POLICY REVIEW COMMITTEE

Governance & Corporate Planning Manager, Mr John Waghorn, reports: SUMMARY The proposed Charter for the Policy Review Committee will establish the objectives, authority, composition and tenure, roles and responsibilities, reporting and administrative arrangements for the Policy Review Committee. BACKGROUND Policies, along with legislation and regulations, form the basis for Council’s decision-making framework. Policies are a fundamental component of Council’s governance system by which the organisation is directed and controlled. The policies are implemented by Council officers during the management of Council’s activities. Council’s former Policy Review Committee last met on 26 August 2003. At that time, the Committee did not have a Charter to define its purpose and terms of reference. At the Ordinary Meeting of Council on 22 October 2008, Council resolved that the Policy Review Committee would be established for this Council’s term. The following persons were elected to the Committee: • The Mayor, Councillor Davey • Councillor Pynsent • Councillor Troy • Councillor Ryan • Councillor Gorman • Councillor Parker (alternate) • Councillor Hawkins (alternate) • Governance & Corporate Planning Manager To date the Policy Review Committee has not met. REPORT Attached to this report is the draft Charter for the Policy Review Committee. The Charter sets out the Policy Review Committee’s objectives, authority, composition and tenure, roles and responsibilities, reporting and administrative arrangements. From the draft Charter, the objective of the Committee is:

“to ensure that Council’s policies are relevant, timely and meet the needs of the community and Council. This embraces, among other things:

• Consideration of proposals by management concerning the revocation of redundant policies, establishment of new policies or updating of existing policies; and

• Establishing and implementing a policy review schedule to ensure that the policies in Council’s policy register are current and meaningful.”

Director Corporate & Community Report No. 4/2009


It should be noted that the draft Charter refers to Council’s Internal Auditor. Council does not currently employ an Internal Audit provider. This will be addressed in coming months. Establishing the Policy Review Committee will provide a forum for detailed discussion of policies prior to them being recommended to Council for adoption and will provide a mechanism to ensure that Council’s policy framework is up-to-date and relevant. Council currently has 253 policies recorded in its Policy Register, some dating back to the 1970s. A recent review of the policies has identified 69 policies that are redundant and should be revoked. The review also prioritised the remaining policies for review. All policies are scheduled to be reviewed by the end of 2009. The Senior Executive endorsed the Policy Review Committee Charter at its meeting held on 3 February 2009. CONSULTATION The following officers have been consulted in preparing the draft Policy Review Committee Charter: • General Manager • Director Corporate & Community • Director Infrastructure & Services • Director City Planning • Corporate Projects Manager STRATEGIC LINKS a. Management Plan The draft Charter for the Policy Review Committee is in line with Council’s Goal 4, “To be a professionally managed and customer focused organisation which provides leadership through partnerships with the community” and Goal 5, “to identify needs, share information and provide opportunities for active participation and community consultation”. b. Other Plans Nil. STATUTORY IMPLICATIONS a. Policy and Procedural Implications This proposal has implications for the 253 policies that currently make up Council’s policy framework. The inaugural meeting of the Policy Review Committee will consider reports from management to revoke a substantial number of policies that have been identified as being redundant. That meeting is anticipated to be scheduled around the end of March 2009. b. Financial Implications Nil.



c. Legislative Implications Nil. d. Risk Implications Council is exposed to risk should it not establish a mechanism for regular review of its policies. This risk is based on Council management acting upon policies that are out-of-date and/or have been made redundant by legislation or adopted plans. e. Other Implications The Policy Review Committee, as defined in the Charter, will provide a forum for detailed analysis and discussion of Council’s policies. This will improve the governance standards of Council. OPTIONS Council has the option to continue only to receive new policies and policy amendments at the ordinary meetings of Council. This option is inadequate in that it does not provide: • a control mechanism to ensure that a schedule of review is established and met; or • a forum at which focused analysis and discussion of the implications of the policies

can take place. CONCLUSION The proposed Charter of the Policy Review Committee will establish a framework and mechanism for ensuring that Council’s policy framework is up-to-date and relevant, thereby improving the governance standards of Council’s operations. RECOMMENDATION that Council approve the Charter of the Policy Review Committee. To: Ordinary Council Meeting C BENNETT 18 February 2009 DIRECTOR CORPORATE & COMMUNITY

4 February 2009



SUBJECT: INVESTMENTS REPORT – JANUARY 2009

Financial & Administrative Services Manager, Robert Maginnity, reports: SUMMARY Clause 212 of the Local Government (General) Regulation 2005 requires a monthly report to Council detailing all money invested under Section 625 of the Local Government Act 1993. BACKGROUND As Responsible Accounting Officer, I, Robert Maginnity, hereby certify that this report is produced in accordance with Clause 212 of the Local Government (General) Regulation 2005 and that all investments have been made in accordance with the Local Government Act 1993, the Local Government (General) Regulation 2005 and Council’s investment policy. REPORT Details of investments held by Council as at 31 January 2009 are set out below.

Inv. No. Form Held With Type

Coupon Term

(Days)

Next Coupon

Date Maturity

Date

Current Coupon

Rate

LTD Interest

Rate

Par Value $'000

Commonwealth Bank Cash 4.10% 408 Commonwealth Bank At Call 4.40% 3,328 1200 Maitland Mutual BS At Call 5.20% 500 1020r Credit Suisse First Boston CDO 92 05-Feb-09 05-May-11 7.14% 8.25% 1,000 1029r Credit Suisse First Boston CDO 92 05-Feb-09 05-May-11 7.14% 8.25% 1,500 1069o RIMsec CDO 90 08-Apr-09 08-Oct-11 0.00% 7.39% 2,000 1102l Commonwealth Bank AN 90 16-Mar-09 16-Dec-10 0.00% 3.82% 500 1132i JP Morgan Australia Ltd CDO 91 23-Mar-09 20-Dec-09 0.00% 8.04% 500 1133b Commonwealth Bank ELD 365 20-Dec-09 20-Dec-09 3.00% 5.44% 1,000 1138a Commonwealth Bank ELD 365 05-Mar-09 05-Oct-10 3.00% 3.00% 500 1142g Lehman Brothers CDO 91 23-Mar-09 20-Mar-11 0.00% 5.88% 1,000 1143b ANZ Banking Group ELD 365 30-Jun-09 30-Mar-13 0.00% 1.95% 500 1147a Commonwealth Bank ELD 365 05-Jun-09 07-Oct-10 3.00% 3.00% 500 1177d Maitland Mutual BS TD 35 26-Feb-09 26-Feb-09 5.20% 5.20% 500 1187a Newcastle Permanent BS TD 84 05-Feb-09 05-Feb-09 6.00% 6.00% 500 1190 Newcastle Permanent BS TD 93 05-Feb-09 05-Feb-09 6.54% 6.54% 500 1191 Savings & Loan CU TD 90 05-Feb-09 05-Feb-09 7.50% 7.50% 800 1192a Illawarra Mutual BS TD 91 23-Apr-09 23-Apr-09 4.60% 4.60% 500 1193a Illawarra Mutual BS TD 91 30-Apr-09 30-Apr-09 4.50% 4.50% 500 1197 Greater Building Society TD 70 19-Feb-09 19-Feb-09 5.85% 5.85% 500 1198 Greater Building Society TD 77 26-Feb-09 26-Feb-09 5.85% 5.85% 500 1199 Companion Credit Union TD 86 12-Mar-09 12-Mar-09 5.35% 5.35% 800 18,336



The following graph compares actual YTD interest earned to budgeted YTD interest earned and last years actual interest earned:

Monthly Investment InterestActual to Budget

$0$100,000$200,000$300,000$400,000$500,000$600,000$700,000$800,000$900,000

$1,000,000$1,100,000$1,200,000$1,300,000$1,400,000

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

YTD Budget 2008/09 YTD Actual 2008/09 YTD Actual 2007/08

The following graph compares actual YTD average percentage interest rate to last years actual YTD average percentage rate and compares both of these against the current 90 day BBSW and last years 90 days BBSW rate:

Performance MeasurementAverage Interest Rate Compare to Benchmark

5.00%5.25%5.50%5.75%6.00%6.25%6.50%6.75%7.00%7.25%7.50%7.75%8.00%8.25%

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

YTD Average Invest Rate 2008/09 YTD Average Invest Rate 2007/08 90 day BBSW Rate 2008/09 90 day BBSW Rate 2007/08

The following table provides information on interest rates and earnings this year compared to last year as well as a comparison of investment balances from this year to last year:

Performance Measures This Year Last Year Portfolio Average Interest Rate (YTD) 5.32% 7.49% BBSW Average Interest Rate (YTD) 5.94% 6.95% Actual Investment Interest Earned (YTD) $582,978 $752,991 Budgeted Investment Interest (YTD) $546,175 $640,301 Original Budget Investment Interest (Annual) $1,110,800 $1,025,000 Revised Budget Investment Interest (Annual) $870,800 $1,090,000 Investment Balances (Par Value) This Year Last Year Opening Balance 1 July $20,100,000 $17,607,000 Current Balance $18,336,000 $21,335,000

to be held on 18 February 2009.



The following table provides information on the financial institutions that Council has invested its money in, the amount invested with each financial institutions and the percentage invested with each financial institution compared to the total investments portfolio held by Council:

Financial Institution Amount

$’000 % of

Portfolio Commonwealth Bank of Australia 6,236 34.03% Credit Suisse First Boston Int. 2,500 13.63% RIMsec 2,000 10.91% Illawarra Mutual Building Society 1,000 5.45% Newcastle Permanent Building Society 1,000 5.45% Maitland Mutual Building Society 1,000 5.45% Greater Building Society 1,000 5.45% Lehman Brothers International 1,000 5.45% Savings & Loan Credit Union 800 4.36% Companion Credit Union 800 4.36% ANZ Banking Group 500 2.73% JP Morgan Chase Bank 500 2.73% TOTALS 18,336 100.00%

The following table provides information on investment types including a risk assessment and the amount and percentage invested compared to the total Council investment portfolio:

Risk Assessment Amount % of Investment Type Capital Interest $’000 Portfolio

Cash Low Low 4,236 23.11%Collateralised Debt Obligation CDO High High 6,000 32.72% Term Deposit TD Low Low 5,100 27.81%Equity Linked Deposit ELD Low Medium 2,500 13.63%Accrual Note AN Low Medium 500 2.73%TOTALS 18,336 100.00%

The official cash rate as set by the Reserve Bank of Australia (RBA) was 4.25% as at 31 January 2009. The RBA announced a cut of 1.00% at it’s meeting of 3 February 2009. Actual investment revenues are slightly higher than the YTD Revised Budget at this stage, but with lower rates expected for the remainder of the year and the continued uncertainty over a number of longer term investments it is prudent to retain the budgeted level of returns at existing levels. During the month staff continued to diversify the funds held with various Authorised Deposit Taking Institutions (ADTI) to take advantage of the Federal Governments deposit guarantee scheme with deposits continuing to be invested in “cash” type investments. Concern still exists on a number of long term investments, with these investments being shown with a zero coupon rate within the portfolio. These investments are: • 1069 (Generator) – coupon payment of $9,783 in January, remains high level risk • 1102 (accrual note) – current indications have the indices that define the level of

return outside of the designated range • 1132 (Kakadu) – affected by Lehmans bankruptcy, remains a high level risk • 1142 (Coolangatta) – affected by Lehmans bankruptcy, remains a high level risk • 1143 (Asprit II) – suffered a default under Trust Deed, capital returned at maturity



Engagement of Investment Consultant Structured Credit Research & Advisory Pty Ltd has been engaged to provide analysis and advice on long term structured investments (CDO’s only) held within the investment portfolio. Advice includes an insight into the “health” of the investments and also rates the likelihood of default of both interest and capital. The engagement provides an initial comprehensive report, monthly updates and access to specialist advice on existing investment options. Attached as an enclosure to this report is the summarised monthly update for January. The engagement agreement for this service specified that the information provided is commercial in confidence and if publication is required in open Council a summarised version only is to be made public. A separate report to this meeting deals with the detailed commercial in confidence reports provided under the engagement which is required to be considered in the confidential session of Council. CONSULTATION The following Council Officers were consulted during the preparation of this report: Senior Finance Officer STRATEGIC LINKS a. Management Plan This report is linked to the fourth goal of Council. That is to be a professionally managed and customer focused organisation which provides leadership through partnerships with the Community. b. Other Plans Council’s Strategic Plan “Our People, Our Place, Our Future”. Cessnock City Council needs to prepare for the future. Investments will be an integral part of funding future expenditure. STATUTORY IMPLICATIONS a. Policy and Procedural Implications Investments are made in accordance with Council’s Investment Policy Number F12.3. b. Financial Implications All returns on investment are included in Council’s Management Plan and amendments effected through the Quarterly Budget Review process. Investment portfolio performance is detailed within the report with comparisons to prior year and budget. A portion of the portfolio and its associated investment income is restricted as it relates to funds held from developer contributions and Domestic Waste Management and is not available for operational projects. c. Legislative Implications Report meets Councils statutory obligations under Clause 212 of the Local Government (General) Regulation 2005 and Section 625 of the Local Government Act 1993.



d. Risk Implications Council has Capital and Interest Risks with CDO’s and Interest Risks with its ELD’s and Accrual Notes. These risks are detailed in the Risk Assessment Table shown above. e. Other Implications There are no environmental, community, consultative or other implications to this report. CONCLUSION The report details investments held by Council and meets statutory reporting obligations. RECOMMENDATION that the report be received and noted. To: Ordinary Council Meeting C BENNETT 18 February 2009 DIRECTOR CORPORATE & COMMUNITY

5 February 2009



SUBJECT: REVISED CODE OF MEETING PRACTICE

Governance and Corporate Planning Manager, Mr John Waghorn reports: SUMMARY This report provides feedback on submissions received and further internal review undertaken on the Revised Code of Meeting Practice following its public exhibition and recommends adoption of the Revised Code as Council’s Code of Meeting Practice as per section 362(1)(a) and section 362(2) of the Local Government Act, 1993. BACKGROUND A Council Briefing on proposed significant changes or amendments to the current Code of Meeting Practice was held on 26 November 2008. Subsequently at the Council Meeting on 10 December 2008, Council resolved to place the Revised Code of Meeting Practice on public exhibition for 28 days to seek public comment as required by section 361 of the Local Government Act, 1993. REPORT The report to Council on 10 December 2008 outlined the significant amendments/additions which were proposed to the current Code of Meeting Practice. The revised Code of Meeting Practice incorporating these changes was placed on public exhibition from 13 December 2008 until 31 January 2009. At the close of the public exhibition period no submissions had been received. During the exhibition period Council’s newly appointed Governance and Corporate Planning Manager conducted a further review of the Policy to confirm compliance with the relevant sections of the Local Government Act and Regulations and to ensure that existing Council Policies relating to Council meetings were included in the Code. Following this review a number of minor amendments have been made to the Revised Code that was placed on public exhibition. These amendments have been made to eliminate duplication in a couple of sections of the Revised Code, to structure the Code to align with the recently adopted changes to the Council meeting structures, to incorporate existing Council Policies covering the conduct of Council meetings and to improve the readability of the Code. Minor grammatical amendments have also been made. The changes have been marked in the updated copy of the Code attached to this report for adoption by Council. The most significant changes are in section 10.13 where a maximum of 40 minutes will be made available for verbal submissions to Council prior to the commencement of the Council meeting. There will generally be a maximum of 4 speakers per meeting each with 7 minutes for presentation and allowing 3 minutes for Councillors questions. In section 10.1 clause 5 the order of business for Council meetings has been amended to include an acknowledgement of the local indigenous people following the Council prayer and to allow officers’ reports to be collated under Council’s strategic goals rather than by Council department. In addition section 20.4 clause 7 has an amended timeframe for retention of audio recordings of Council and Committee meetings which has been reduced from 7 years to 3 months to conform with the General Disposal Authority for Local Government Records.



As discussed the Code incorporates a number of sections which are included in existing Council Policies relating to Council meetings. It is recommended therefore that these Policies be revoked as the Code of Meeting Practice can now be used as the single comprehensive document covering all issues relating to Council meetings. These Policies are: C20.3 Attendance at Council Suppers C20.4 Food and Alcohol in Council Chambers C50.2 Notice of Meetings and Deadlines for Submission of Matters for Consideration C50.5 Taking of Notes, Use of Tape Recorders and Video Taping of Council Meetings

by the Public C50.8 Use of Cameras at Council Meetings C50.9 Security and Banners at Council Meetings C50.11 Recording of Council Meetings by Council Staff C50.13 Attendance at Council Briefing Sessions C50.14 Council Prayer Policy C50.16 Public Access to Council Meetings, Committee Meetings and Business Papers C50.17 Requests for Verbal Submissions to Council Revocation of these Policies will be referred to the Policy Review Committee in the next couple of months following a report to Council clarifying the role of the Committee and seeking adoption of a Charter for the Committee. CONSULTATION Office Co-ordinator Corporate Administration Assistant Corporate Projects Manager Director Corporate and Community STRATEGIC LINKS a. Management Plan Adoption of the Code of Meeting Practice will assist Council in achieving its goals of being a professionally managed and customer focussed organisation and identifying needs, sharing information and providing opportunities for active participation and community consultation. b. Other Plans N/A STATUTORY IMPLICATIONS a. Policy and Procedural Implications The Code of Meeting Practice will be in line with the Local Government Act, 1993, the Local Government (General) Regulation 2005 and relevant guidelines produced by the Department of Local Government. The Code will also supersede a number of Council Policies identified in this report which can now be revoked by Council. b. Financial Implications N/A



c. Legislative Implications The process for review and amendment of the Code of Meeting Practice has been undertaken in accordance with sections 360-363 of the Local Government Act, 1993. d. Risk Implications N/A e. Other Implications N/A OPTIONS Council could choose not to revise the current Code of Meeting Practice or to make further amendments to the Revised Code as attached to this report. CONCLUSION Council may adopt a Code of Meeting Practice that incorporates the provisions of the Local Government (General) Regulation, 2005 that relate to the conduct of meetings of Council and Committees of Council where all the Councillors are members. The Code may supplement those Regulations with provisions that are not inconsistent with them. The Revised Code of Meeting Practice complies with these requirements. RECOMMENDATIONS 1. Council adopt the Revised Code of Meeting Practice attached to this report as its Code

of Meeting Practice. 2. Council refer the revocation of the following Policies which have been incorporated into

the Code of Meeting Practice to the Policy Review Committee:

C20.3 Attendance at Council Suppers C20.4 Food and Alcohol in Council Chambers C50.2 Notice of Meetings and Deadlines for Submission of Matters for

Consideration C50.5 Taking of Notes, Use of Tape Recorders and Video Taping of Council

Meetings by the Public C50.8 Use of Cameras at Council Meetings C50.9 Security and Banners at Council Meetings C50.11 Recording of Council Meetings by Council Staff C50.13 Attendance at Council Briefing Sessions C50.14 Council Prayer Policy C50.16 Public Access to Council Meetings, Committee Meetings and Business

Papers C50.17 Requests for Verbal Submissions to Council

To: Ordinary Council Meeting C BENNETT 18 February 2009 DIRECTOR CORPORATE & COMMUNITY

4 February 2009



SUBJECT: QUARTERLY FINANCIAL REVIEW AS AT 31 DECEMBER, 2008

Management Accountant, Mr Paul Grosbernd, reports: SUMMARY Quarterly financial report on progress against Council’s 2008/2009 Management Plan. BACKGROUND In the 2008/2009 Management Plan, Council adopted a balanced budget. The quarterly financial review as at 31 December 2008 has been completed and is submitted for council’s consideration. A summary of the review is included in the enclosure documents for councillor’s information. REPORT The major impact in this quarter is the estimated loss of Planning Income (Development Applications etc) of $114,600 & Archiving Fees of $42,000 due to the downturn in Development & Building applications being received & unbudgeted air conditioner repairs of $41,000. However, this loss of income & increased expenditure has been partly offset by an increase in Regulatory Services Income (Dog Registrations & Fines) of $40,500 & the Bushfire grant received being $85,487 more than budgeted for. Any salary savings & vehicle purchase savings identified in this review will be internally restricted to the Employment Leave Entitlements Reserve & Plant Reserve respectively. Overall, the December Quarterly Review is forecasting a small deficit of $6,200, with a summary of the major budget movements provided below: Increases in Income $ $ Regulatory Services Income 40,500 Bushfire Grant 85,487 125,987 Decreases in Income Archiving Fees 42,000 Planning Income (DA’s etc) 114,600 156,600 Increases in Expenditure

Rangers Review 42,382 Office Refurbishments 20,500 Parks Vandalism 20,000 Parks Amenities & Privies Vandalism 20,000 Air conditioner Repairs 41,000 143,882



Decreases in Expenditure Superannuation 32,600 Legal Expenses 39,600 Transfer to IT Reserve – Cultural Services 20,000 Transfer to Waste Reserve - Interest 10,000 Transfer to Admin Building Reserve 16,000 Parks Water Rates 20,000 Street Cleaning 6,000 Key System 8,500 Net Miscellaneous Adjustments 15,595 168,295 Net Deficit for the Quarter 6,200 Estimated Working Capital Surplus @ September 2008 856,000 Estimated Working Capital Surplus @ December 2008 849,800 Below are brief explanations for the major budget movements shown above. Increases in Income

• Regulatory Services Income - $40,500 made up of additional companion animal fees $27,000, microchipping & dog sales $3,500 & parking fines $10,000.

• Bushfire Grant - $85,487 additional grant received over budget from RFS and additional contribution received from Maitland Council.

Decreases in Income

• Archiving Fees - $42,000 reduction in archiving fees anticipated to be collected in conjunction with downturn in DA & Building applications.

• Planning Income - $114,600 reduction in planning fees such as S149’s, DA’s, Subdivision & rezoning fees due to downturn in DA & Building applications being received.

Increases in Expenditure

• Rangers Review - $42,382 expenditure incurred which was not budgeted for. • Office Refurbishments - $20,500 incurred in excess of that budgeted. • Vandalism -$40,000 Additional funds required due to vandalism across the Local

Government area. • Air conditioner Repairs $41,000 expenditure expected due to recent failure of unit.

Decreases in Expenditure

• Superannuation Expense - $32,600 expenses are anticipated to be less than that budgeted for.

• Legal Fees $39,600 expected to be less than budgeted for. • Transfer to IT Reserve $20,000, Waste Reserve $10,000 & Admin Building Reserve

$16,000 – Transfers to these internally restricted assets has been reduced. • Parks Water Rates $20,000 using current & previous years water usage rates, a

savings is expected. • Street Cleaning $6,000 expected to be less than budgeted for.



• Key System $8,500 Upgrading of Council’s Key System is expected to be less than budgeted for.

Financial and Administrative Services Manager Commentary The changes proposed within the budget review are predominantly those resulting from Council resolutions and those that reflect trends within expenditure items and revenue streams. Adjustments have been made to reflect the lower than anticipated planning & development application income. Other items have been adjusted to reflect current income and expenditure and commentary has been provided by the Management Accountant where appropriate. The budget review document as submitted to Council was presented to the Senior Executive meeting held on 3 February 2009. 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 Management Accountant and inspection of the budget review statements I Robert Maginnity, as Responsible Accounting Officer hereby certify that, having regard to the original and revised estimates of income and expenditure the financial position of Council is satisfactory in relation to the financial year 2008/2009. CONSULTATION The following Council Officers were consulted during the preparation of this report: Senior Executive Financial and Administrative Services Manager Senior Finance Officer All Managers Responsible for Budget Control STRATEGIC LINKS a. Management Plan The Quarterly Financial Review is a report on the progress against Council’s 2008/2009 Management Plan. This report meets goal 4 which is “To be professionally managed and customer focused organisation which provides leadership through partnerships with the community”. b. Other Plans Nil



STATUTORY IMPLICATIONS a. Policy and Procedural Implications Were Council to adopt the budget amendments outlined above, an estimated Working Capital Surplus of $849,800 would be achieved. This figure is $200 below Council’s policy level of $850,000. b. Financial Implications The Quarterly Budget Review highlights budget variations for Councils consideration and shows that all expenditure movements are offset by movements in income line items resulting in a deficit of $6,200. If adopted the proposed variations will form part of the 2008/2009 Management Plan. Budget Managers and Finance Staff are continuing to improve budgetary control through the constant review of the original budget estimates and phasings of budgets to actual outcomes during the year. c. Legislative Implications This report satisfies requirements under Section 203 of the Local Government (General) Regulation 2005. d. Risk Implications Nil e. Other Implications Nil OPTIONS N/A CONCLUSION The quarterly financial review as at 31 December 2008 is submitted for Council’s consideration. RECOMMENDATION that: 1. The report be received. 2. The Quarterly Financial Review, as presented, be adopted as the revised budget for

the 2008/2009 financial year. To: Ordinary Council Meeting C BENNETT 18 February 2009 DIRECTOR CORPORATE & COMMUNITY

4 February 2009



SUBJECT: NOTICE OF MOTION - WIRELESS INTERNET FOR VINCENT & COOPER STREETS CESSNOCK

Information Systems Manager, Mr S J Hepple, reports: SUMMARY At the Ordinary Council meeting of 10 December 2008 a report went before Council detailing possible solutions and funding arrangements for setting up wireless Internet access in the Cessnock CBD. It was resolved that:

“Council Investigate whether a wireless hotspot can be funded by NSW.net” and “Council investigate NSW.net and also myKP and a further report come back to Council on the prospects on setting up wireless Internet in Cessnock”.

BACKGROUND Two options for the set up of Wireless Internet in the Cessnock CBD area were detailed in a report to Council on the 10th December 2008. The first was the model used in Hamilton. The second was a solution from myKP used in other Council areas, such as Gilgandra, which has received awards from the Shires Association. A detailed proposal for the Cessnock CBD has been obtained from myKP. NSW.net provided a proposal for the installation of a wireless Internet solution into Cessnock and Kurri Kurri libraries. REPORT myKP target their wireless solution at casual Internet users in the Council CBD. Council pays for the setup of the wireless hotspot and its ongoing running cost for a minimum 24 month term. myKP sell advertising on the wireless gateway home page. The revenue from the advertising is split with 70% to Council and 30% to myKP. Support for the solution is predominately performed by myKP but Council is required to provide basic maintenance assistance of no more than 1 hour per week. myKP provide resources to advertise and market the solution. myKP perform all customer support duties. The myKP solution will be available 24 hours per day 7 days a week. NSW.net is a State Library service that provides NSW local government and public libraries with Internet connections and access to online databases. NSW.net is managed by the State Library of New South Wales in consultation with the Public Libraries Consultative Committee which is a sub-committee of the Library Council of New South Wales. NSW.net provide a solution for the deployment of wireless Internet access into public libraries across NSW. NSW.net subsidise the installation and support costs of the solution. Customers wishing to access the Internet via wireless are provided with an access code by library staff. The code is entered into a wireless enabled device to gain Internet access. The code provides for access to the Internet for a set period of time, (normally set to 1 hour). Access coding is used to stop abuse of the service by unauthorised people or businesses. The wireless service utilises the existing library Internet connection i.e. the same connection as users of the Council provided computers. Support of the equipment is the responsibility of Council staff with backup assistance provided by a NSW.net assigned service provider. Support for customers will need to be performed by Council library and IT staff. Access to the wireless solution will be limited to the hours of operation of the libraries.



The NSW.net solution should increase the patronage of the Council libraries. However, Council will need to advertise and market the wireless service. The NSW.net option involves replacing the existing network infrastructure installed in the libraries. This means that the equipment will be replaced before the end of its life. The Kurri Kurri network equipment still has an effective service life of 4-5 years. Cessnock libraries network equipment still has an effective service life of 2 years. Council can augment the existing network equipment by installing their own wireless equipment. The wireless network would be managed by Council officers. Functionality would be equivalent to the NSW.net solution. CONSULTATION The following Council Officers have been consulted during the preparation of this Council report: Community and Cultural Programs Manager Finance and Administrative Services Manager STRATEGIC LINKS a. Management Plan Goal 1 of the Management Plan is to “promote and provide quality services and facilities which address the needs of the Community”. Solution options 2, 3 and 4 address this goal. b. Other Plans Solution options 2, 3 and 4 are consistent with and promote the vision and goals of the Council’s Strategic Plan (Our People, Our Place, Our Future). STATUTORY IMPLICATIONS a. Policy and Procedural Implications Nil b. Financial Implications Council does not have a budget allocation for the provision of a wireless network solution in the Cessnock CBD. The wireless solution proposed by myKP has an installation cost of $8,400. The ongoing monthly cost is $120 or $1,440 per year. The solution will cost Council $12,720 over 3 years. Advertising revenue has the potential to offset this cost. myKP were unable to provide an indicative figure for advertising revenue. NSW.net provided a proposal for installation of wireless Internet access into Cessnock and Kurri Kurri libraries. The solution has an installation cost of $2,470 to Council. NSW.net provide a subsidy of $15,088 for the remainder of the installation cost (total installation cost is $17,558). The ongoing annual cost for Council after the first year is $5,370 per year. The solution will cost Council $13,210 over 3 years. The existing library Internet connection will be utilised for the wireless service so has not been included in the cost. Limiting the solution to Cessnock library will reduce the initial outlay and ongoing costs to Council by 50%. However, installation into Kurri Kurri at a later date will be more expensive as both libraries share travel and consulting time in the proposal.



Council can install a wireless solution into the libraries by augmenting the existing network infrastructure. This solution has an initial installation cost of $10,987. The ongoing annual cost for Council after the first year is $636. The solution will cost Council $12,259 over 3 years. c. Legislative Implications Nil d. Risk Implications Nil e. Other Implications Nil OPTIONS Option 1 – Do nothing. Cost is $0 over 3 years. Option 2 – Implement the myKP solution at a cost of $12,720 over 3 years. Option 3 – Implement the NSW.net solution at a cost of $13,210 over 3 years. Option 4 – Implement the Council owned and managed solution at a cost of $12,259 over 3 years. CONCLUSION The myKP solution offers several advantages over the other options. Wireless Internet access will be available 24 hours a day 7 days a week. The service will be completely independent from the Council network. Solution support is largely performed by myKP with minimal input required from Council staff. The solution is very scalable and can be implemented in other Council business districts. The library based solutions will limit Wireless Internet access to the Cessnock and Kurri Kurri areas. myKP proactively manage the Internet access of people that abuse the service by limiting their bandwidth. These advantages offset the marginally higher 3 year cost. RECOMMENDATION that: 1. Council move forward with the myKP solution and include the implementation cost of

$8,400 and first years running cost of $1,440 for consideration in the 2009/2010 budget.

2. Council include the yearly running cost of $1,440 in subsequent budgets. To: Ordinary Council Meeting C BENNETT 18 February 2009 DIRECTOR CORPORATE & COMMUNITY

9 February 2009



SUBJECT: REVIEW OF THE MANAGEMENT PLAN FOR THE QUARTER ENDING 31 DECEMBER 2008

SUMMARY Quarterly review on progress against Council’s 2008-2011 Management Plan. BACKGROUND Section 407 of the Local Government Act, 1993 requires the General Manager to report to

Council each quarter as to the extent to which the performance targets set in the

Management Plan have been achieved during that quarter.

REPORT Provided as separate enclosure documents are the following:

- Enclosure 1 - Report on Strategic Initiatives – 31 December 2008 - Enclosure 2 – Schedule of Works – 31 December 2008 - Enclosure 3 - Requests for Information from Staff by Councillors – 31 December

2008

A. REPORT ON STRATEGIC INITIATIVES (ENCLOSURE 1)

In the Management Plan, the objectives for each principal activity are shown in Part C Strategic Initiatives. The performance measures are listed with progress to date indicated. The objectives have been examined with a view to bringing into sharper focus the definite tasks included in the current Management Plan. For this purpose the objectives and targets have been stated in the form of a Business Plan for each principal activity showing reasonable and achievable targets. This will enable Council to more easily monitor progress through the quarterly reports during the year and to report to the community at the close of the year in relation to its achievements. The Management reporting process is intended to reflect the position as at the conclusion of the period to which it refers. Changes will occur for a variety of reasons and the reporting process will reflect these changes over time. The information contained in the quarterly reports is obtained through a structured monthly reporting system by the Directors to the General Manager. This process allows regular monitoring of progress as well as providing the mechanism for meaningful quarterly reports and the annual report. Enclosure 1 outlines the progress made on each objective with brief comments on likely outcomes such as whether or not the target will be achieved.


General Manager’s Report No. 13/2009


Achievements, statutory reporting and operational highlights for the quarter were: ACTIVITIES:

◊ Human Resources - Successfully recruited 11 vacant positions including manager roles in

Corporate & Community Services and City Planning. - Released the new Vehicle Leaseback Manual to staff.

◊ Development Services - Community Consultation Workshop undertaken for Branxton Urban Design

Framework. - Discussions held with Hunter Water Corporation regarding the future

feasibility of requiring recycled water for large scale subdivisions. - Suggested conditions forwarded to Department of Planning for Part 3A

Application for Precinct 1 of Hunter Economic Zone. ◊ Business Support Services

- Feedback from customers and staff on DA Tracker which was loaded onto Council’s Internet for the benefit of customers, and the Intranet as a tool for staff to access information relating to all application types, has been very positive.

- A project team to manage to implementation of MasterPlan has been established and the first meeting has been held. InfoMaster have been provided with copies of Council’s DCP and Draft LEP so that a quotation can be prepared for the conversion of this information into the MasterPlan database. The quotation is expected to be forwarded to Council by 23 January 2009. The MasterPlan software was purchased and installed in December 2009. A Project Plan has been prepared for Data Cleansing of the Property Attributes within the Authority Property Module. This project is a parallel project relating to the implementation of MasterPlan.

◊ Health & Building - Significant increase in Food premise inspections (Food Safety Program) due

to appointment of EHO in accordance with adopted program. - Long standing neighbourhood noise matter resolved with erection of dog

kennels and acoustic wall –Acuna Kennels. - Distribution of SAFETY PARTY PACKS to year 11 & 12 students at High

Schools - Liquor Accord. - Completion of Ranger Services Operations manual. - Completion of Ranger Services Procedures Manual.

◊ Economic Development - Council registers for Regional and Local Community Infrastructure Program

(RLCIP). - Council registers for Building the Country Federal Government grant

program. - Feasibility study for a VIC in Kurri Kurri completed. - Council supports tourism marketing campaign for Sydney market in

collaboration with TNSW and local stakeholders. ◊ Financial & Administrative Services

- Annual Statements for Financial Year ended 30 June 2008 completed within statutory timeframes.

- Unqualified audit report received and presented to Council. - 2nd Rates instalment processed. - InfoBuss – electronic management reporting system made available to

budget managers in December. - Appointed part time Corporate Administration Officer. - Appointed job share position for Finance Officer.




◊ Information Systems - GDA24 procedure developed for the management of electronic records. - Procedures for contract or network access, staff remote access and USB

device use implemented. ◊ Community and Cultural Programs

- A well attended series of Creative Writing workshops held at Cessnock Library during the quarter.

- Upgrade to the Library computer system software application completed. - Significant progress made with the refurbishment works for Kurri Kurri

Library with new display features being installed. - Briefing for Councillors on Draft Crime Prevention Plan held in December.

◊ Infrastructure Works - Rehabilitation and sealing of 1.6 kilometres of Great Northern Road near

Blaxlands Arm Road. - Rehabilitation and sealing of 1.0 kilometres of Broke Road near Hermitage

Road. - Replacement of the Bridge at Dill Street Kurri with pipe culverts. - Replacement of the culvert in New Street Mulbring. - Wilderness Road Pokolbin - Stage 2 work in progress. - Majors Lane/Camp Road completed. - Majors Lane/Lovedale Road in progress. - Mitchell Avenue Kurri Kurri RTA project – work in progress. - East Branxton Drainage Scheme – work in progress. - Mulbring Main Drain in progress.

◊ Logistics, Depot & Building Services - Completion of the Cessnock Civic Indoor Sports Centre (CCISC). - Commencement of stage two Carmichael Park. - Administration refurbishment. - Completion of Plaza Hall modification and repairs to stairway. - Completion of Stage 1 Greta Band Rotunda. - Completion of Branxton Pool concourse. - Completion and upgrade of Cessnock Pool filter bed pipeline. - Installation of air conditioners at Weston Senior Citizens.

◊ Integrated Systems Manager - The draft electronic version of the IMS is working on the intranet.

◊ Infrastructure Services - Cunneen’s Bridge, Wollombi – realignment options and site investigation

continuing. Wollombi Progress Association Meeting held in September at Wollombi to discuss bridge option issues. Archaeological site works completed. Chicane heavy vehicle traffic safeguards implemented. Additional Option 3 developed and reported to Council in December. Public exhibition of Options arranged.

- De Beyers Road Pokolbin – road design nearing completion. - Church Street Ellalong – drainage design completed. - Paynes Crossing Road – widening of gravel section near ‘The Grange’ -

realignment options and site investigation continuing. Traffic restriction options developed and public survey conducted and reported to Council in December. Tender documents being prepared.

- Whitebridge Mulbring - site investigations completed. Tender document prepared and tenders reported to Council in December. Contract let to Bridgeworks (Aust) Pty Ltd for design and construction. Approach road design completed.

- Wilderness Road (Stage 3) estimate completed. - East Branxton drainage Scheme (Stage 6) estimate completed. - Thompsons Bridge Laguna – road realignment design commenced. - Kitchener Public School – design of safety and parking improvements

completed.




- Alexandra Street Kurri Kurri and Cessnock Street Cessnock – pavement stabilisation brief prepared.

- Bellbird North proposed rezoning - S94 Plan for road and transport infrastructure prepared.

◊ Environmental & Waste Services - Landfill extension draft EIS completed; report to Council (22/10/08). - Briefings to staff, Councillors and community completed. - Landfill "infill" area on-line. - EFT facility installed at waste depot (software upgrade underway to

accommodate). - Provided input to Safety Officer into Safe Work Method Statement (SWMS)

for Asbestos handling for waste depot employees. - Council represented at Annual Tidy Town Awards (Dorrigo 31/10 – 2/11/08);

successful in various categories & received 7 awards. - Environmental Protection Zone gazetted January 2009. - Expect landfill extension DA to be lodged February 2009.

◊ Recreation Services - Construction of the Cessnock Community Performing Arts Centre complete

and opening Week occurred from 21 to 30 November. Council completed car park and drainage works as well as landscaping.

- Construction of cricket practice nets at Mulbring Oval in partnership with Cricket NSW and Mulbring Cricket Club.

- Fencing and landscaping at Branxton Community Hall. - Construction of Cessnock Civic Indoor Sports Centre complete. - Kurri Kurri Aquatic Centre highlighted as the leading YNCA facility in NSW

for Learn to Swim Programs with 1,300 placements for November alone. - An information session was held in December with Cemetery contractors

(funeral directors, grave diggers, monumental masons). The session informed contractors about the progress of the Cemeteries Review, raised awareness of the Cemetery Strategy, highlighted several OHS matters and sought feedback from contractors around Council’s performance in cemetery management.

- Council adopted a Plan of Management for North Rothbury Playground in December. As a result of a meeting with Council officers, residents and ward Councillors a site specific masterplan will now be developed for the park.

- $15,000 was granted by the NSW Government for improvements to the Bellbird Community Hall Playground. Works will take place in early 2009.

The Performance reports are numbered using the 2008-2011 Management Plan goals. B. SCHEDULE OF WORKS (ENCLOSURE 2)

The Management Plan includes the works programs for 2008/09 including proposed expenditure on the acquisition and construction of new infrastructure assets and the improvement, rehabilitation and refurbishment of existing infrastructure assets. Details of programmes are provided in Enclosure 2 showing the cost of each program.

C. BUDGET REVIEW - QUARTER ENDED 31 DECEMBER 2008

Refer to Director Corporate & Community Report No. 7/2009.




D. REQUESTS FOR INFORMATION FROM STAFF BY COUNCILLORS - QUARTER ENDED 31 DECEMBER 2008 (ENCLOSURE 3)

The enclosed table lists information requests received by Staff from Councillors for the period 1 October 2008 to 31 December 2008.

CONSULTATION Director City Planning Director Corporate & Community Director Infrastructure & Services STRATEGIC LINKS a. Management Plan The Quarterly Financial Review is a report on the progress against Council’s 2008-2011 Management Plan. This report meets Strategic Direction and Leadership goals of the Management Plan: - Put in place processes and systems necessary for the implementation; - Monitor activities and financial performance. b. Other Plans Nil STATUTORY IMPLICATIONS a. Policy and Procedural Implications Council Policy C26.8 – Councillors Access to Staff and Information. b. Financial Implications Refer to Director Corporate & Community Services Report No. 7/2009. c. Legislative Implications This report satisfies requirements under Section 407 of the Local Government Act, 1993. d. Risk Implications Nil e. Other Implications Nil OPTIONS N/A




CONCLUSION The review of the Management Plan for the quarter ending 31 December 2008 is submitted for Council’s consideration. RECOMMENDATION the information be noted. To: Ordinary Council Meeting B R MORTOMORE 18 February 2009 GENERAL MANAGER

9 February 2009




SUBJECT: 2009 LGMA NATIONAL CONGRESS AND BUSINESS EXPO

SUMMARY The purpose of this report is to enable Council to determine delegate/s for the 2009 Local Government Managers Australia (LGMA) National Congress and Business Expo. BACKGROUND In accordance with Council Policy C26.3, Councillors wishing to attend the 2009 LGMA National Congress and Business Expo were requested to make application to the General Manager by Friday, 6 February 2009. REPORT The 2009 LGMA National Congress & Business Expo is to be held in Darwin, 24-27 May 2009. The balance of funds remaining for the 2008/2009 Councillors’ Conference Expenses budget is $4,167.00. Estimated cost per delegate is listed below: Airfare* (Newcastle/Darwin/Newcastle) $1,000.00 Jetsaver/$2,000.00 Jetflex Congress Registration $1,585.00 Accommodation 5 nights @ approximately $250/night $1,250.00 *Airfare cost will be dependent on what is available at time of booking. Three (3) Councillors have applied to attend – Mayor, Cr Davey and Councillors Maybury and Olsen. Copies of their applications are provided in Enclosure 1. CONSULTATION Management Accountant STRATEGIC LINKS a. Management Plan This report meets Strategic Direction and Leadership goals of the Management Plan: - Represent the Council and the community by attending relevant meetings/seminars,

conferences etc to become and remain aware of industry issues. b. Other Plans Nil




STATUTORY IMPLICATIONS a. Policy and Procedural Implications Application for attendance at the 2009 LGMA National Congress and Business Expo is in accordance with Council Policy C26.3. b. Financial Implications If Council determines more than one (1) delegate is to attend then additional funding will need to be identified. c. Legislative Implications Nil d. Risk Implications Nil e. Other Implications Nil OPTIONS N/A CONCLUSION This report is submitted for Council’s determination as to delegate/s for the 2009 LGMA National Congress and Business Expo. The balance of funds remaining for the 2008/2009 Councillors’ Conference Expenses budget is $4,167.00. Council may determine to source funds from elsewhere, if it so wishes, to send more delegates than would be covered in the balance of remaining funds. RECOMMENDATION that Council determine attendees for the 2009 LGMA National Congress & Business Expo. To: Ordinary Council Meeting B R MORTOMORE 18 February 2009 GENERAL MANAGER

9 February 2009




SUBJECT: STATUS OF OUTSTANDING QUESTIONS WITHOUT NOTICE AND NOTICES OF MOTION

SUMMARY Report on outstanding Questions Without Notice and Notices of Motion.

INFRASTRUCTURE & SERVICES

Outstanding Questions Without Notice

Asked By Councillor Parker Meeting Date 5 November 2008 Question Asked Street Lighting – Electricity Charges Department I & S Expected due

Date Completed 4/2/09

Current Status CRMS 15199731 Finalised 06/02/2009 Refer Infrastructure & Services Report No; 6/2009 (Street Lighting Improvement Program) to Council Meeting 4/2/09.


Asked By Councillor Ryan Meeting Date 21 January 2009 Question Asked Alexandra Street, Kurri Kurri Department I&S Expected due


Current Status CRMS: 16057293 Finalised 10/2/2009 Completed as per General Manager’s Report 17/2009 to be reported to Council 18/2/09.


Asked By Councillor Troy Meeting Date 21 January 2009 Question Asked De Beyers and McDonalds Road Intersection Department I&S Expected due


Current Status CRMS: 16057190 Memo forwarded through EDMS to All Councillors 11/2/09: Please be advised that this matter was referred to Council’s Infrastructure Works Manager, Mr Geoff Bent for investigation and I am able to advise that maintenance works were undertaken to this area on 22 January 2009. Complete.


General Manager’s Report No.15/2009



Asked By Councillor Gorman Meeting Date 21 January 2009 Question Asked Traffic Lights – Mitchell & Deakin Streets, Kurri Kurri Department I&S Expected due

Date 11/2/09

Current Status CRMS: 16057408 Finalised 11/02/09 Please be advised that: a) With regard to the new traffic signals on Mitchell Avenue at the Deakin Street intersection, please be advised that these facilities became operational on Wednesday 4 February 2009. b) i) With regard to the installation of signs, please be advised that the necessary “No Stopping” kerbside restrictions signage was installed prior to the signals being activated on 4 February 2009. With respect to other signage and your previous Question Without Notice, the RTA was requested to investigate the installation of advance warning “Traffic Signals Ahead” signs on the Mitchell Avenue approaches, on 28 January 2009. In response, the RTA advised that it has authorised the installation of the advance warning signs (by Council, as its contractor for the overall works) and that, as at today’s date, the signs were on order. It is expected that the installation of these signs will be completed in approximately three (3) weeks. In the meantime, it is expected that the existing trailer-mounted “Variable Message Signs” will remain in place until the new advance warning signs are installed or their need is reviewed by the RTA. As the General Manager has confirmed, Mitchell Avenue is a State Road under RTA care and control and as such, the matter does not require formal consideration by the Local Traffic Committee. ii) With regard to the installation of a traffic counter, as previously advised, the installation of the counter is listed in the next Traffic Count Programme and should be in place within the next 4-6 weeks.


Asked By Councillor Gorman Meeting Date 21 January 2009 Question Asked Alexandra Street, Kurri Kurri Department I&S Expected due







Asked By Councillor Burcham Meeting Date 21 January 2009 Question Asked School zones Kitchener Department I&S Expected due


Current Status CRMS: 16057086 Referred to Council’s Engineering Officer – Traffic for investigation. Memo sent through EDMS 11/2/09: Please be advised that all matters relating to speed zones, including 40 km/h School Zone signposting at all schools in NSW, is the responsibility of the Roads & Traffic Authority. As such, I have arranged for a referral to be forwarded to the RTA Hunter Region Office in Newcastle to investigate this matter. As a follow-up, the matter will be raised as General Business at the next meeting of the Local Traffic Committee on 16 February 2009. The recommendation of the Local Traffic Committee will be reported to Council at the next available meeting after 16 February 2009. Complete.


Asked By Councillor Maybury Meeting Date 21 January 2009 Question Asked Bear Park – Weston Department I&S Expected due

Date Ongoing

CRMS: 16056771 Current Status Referred to Council’s Recreation Services Manager for investigation. Reply memo sent 11/2/09: Reference is made to your Question Without Notice from the Council Meeting held on 21 January 2009, asking if a feasibility study for Bear Park at Weston could be carried out in consideration of the budget. The Recreation Services Manager, Nicole Benson, advises that $80,500 for the development of DA/CC plans for Weston Bears Park would be included in the budget enclosure documents for Council’s consideration.


Asked By Councillor Maybury Meeting Date 21 January 2009 Question Asked Whitebridge – Mulbring Department I&S Expected due

Date Ongoing

Current Status CRMS: 16056661 Referred to Council’s Infrastructure Services Manager for investigation.





Asked By Councillor Smith Meeting Date 21 January 2009 Question Asked Pedestrian Crossing – Victoria Street, Kurri Kurri Department I&S Expected due

Date 4/3/09

Current Status CRMS: 16056976 & 16056364 Finalised 11/2/2009 A search of Council’s records indicates that the most recent referral to the RTA regarding the existing pedestrian crossing located on Victoria Street near Lang Street was 14 November 2006, in response to a Question Without Notice Cr Smith raised at the Council meeting of 8 November 2006. In response to that Question, the then Director of Strategic & Community Services replied that:- “the RTA has informed Council that these pedestrian lights are a high priority, however there has been no confirmation of funding or specific works to be undertaken at the site. The Director Strategic & Community Services confirmed that Council would pursue the matter with the RTA. Prior to this Council meeting, Cr Smith enquired if Council had received any information regarding the provision of funding for the upgrade of the crossing at the Council meeting of 21 June 2006. In response to Cr Smith’s current Question Without Notice, the most recent correspondence that Council has received from the RTA regarding the upgrade of the crossing was in April 2008, as follows:- “The NSW Roads Minister announced in May 2006 that pedestrian ‘zebra crossings' across multi-lane classified roads will be upgraded in a $17 million initiative. The Victoria Street site is one of the 59 pedestrian crossings on multi lane roads identified to be upgraded. You will be further advised regarding the timing and extent of the proposed works. Thank you for your interest in this matter." Council’s Traffic Engineering Officer has today spoken to the RTA in regard to any new information on the matter and was advised that the project remains listed for funding however a construction date has not been set. Council has also requested the RTA to provide copies of the concept design and final construction plans to Council’s Traffic Committee for its information, when these become available. As a follow-up, this matter will also be raised as General Business at the next meeting of the Local Traffic Committee on 16 February 2009. The recommendation of the Local Traffic Committee will be reported to Council at the next available meeting after 16 February 2009.





Asked By Councillor Hawkins Meeting Date 21 January 2009 Question Asked Cessnock Pool Department I&S Expected due

Date Mid March

Current Status CRMS: 16056871 Referred to Council’s Recreation Services Manager for investigation. Reply memo sent through EDMS 11/2/09. The letter tabled included requests for the pool inflatable and heated facility to be advertised more to the public; that Saturday night discos be reintroduced; and that a meeting is held at Cessnock Pool with all Councillors invited to attend. Recreation Services Manager, Nicole Benson, advises that advertising of Cessnock Pool would be improved through advertisements in local print media as well as Council’s web site. The Saturday night disco is a youth event usually held once per year specifically for young people. Recreation Services will liaise with the Social Planner and Youth Centre Coordinator regarding any plans for a disco in the near future. Lastly, a meeting will be held at Cessnock Pool during the first week in March with a view for the Pool User Group to provide feedback on swimming facilities in Cessnock. Councillors will be sent an invitation to the meeting once the day and time is confirmed with the Mayor.


Asked By Councillor Parker Meeting Date 21 January 2009 Question Asked Pedestrian crossings – Mitchell Avenue & Hampton Street, Kurri Kurri Department I&S Expected due

Date 4/3/09

Current Status CRMS: 16056364 & 16056976 Finalised 11/2/09 Council’s previous memo to Councillor G Smith (cc to all Councillors) dated 4 February 2009 provided information from the RTA in regard to the upgrading of the existing pedestrian crossing on Victoria Street Kurri near the Lang Street roundabout. With regard to the existing pedestrian crossing in Hampden Street Kurri near the Lang Street roundabout, please be advised that this matter will be raised as General Business at the next meeting of the Local Traffic Committee on 16 February 2009.


Asked By Councillor Maybury Meeting Date 21 January 2009 Question Asked Alexandra Street, Kurri Kurri Department I&S Expected due






CORPORATE & COMMUNITY


Asked By Councillor Parsons Meeting Date 20 August 2008 Question Asked Surveillance Cameras in Vincent Street Department C & C Expected due

Date July 2009

Current Status CRMS 14196093 The issue of surveillance cameras in Vincent Street or elsewhere is being addressed through strategies which have been developed in the draft Crime Prevention Plan. The Crime Prevention Plan will be considered by Council for adoption by mid 2009.

CITY PLANNING


Asked By Councillor Maybury Meeting Date 27 March 2008 Question Asked Hydro Committee Department CP Expected due

Date To be confirmed

Current Status The Committee was run by Hydro, Acting Regulatory Services Manager to identify willingness of Hydro to reconvene this Committee. Acting Regulatory Services (Environmental Health) Manager advised that at this stage external participants are showing lack of interest. Newly appointed Health & Building Manager Colin Davis to contact Mr Paul Wenta of Hydro Aluminium asking if there is any interest in reconvening this Committee. Once the response is received from Hydro a brief report will be presented back to Council.


Asked By Councillor Ryan Meeting Date 6 August 2008 Question Asked Clearing Investigation HEZ Land Department CP Expected due


Current Status CRMS 14041373 Clearing adjacent to the 7b corridor was undertaken to facilitate the installation of the sewer main and was done in accordance with the REF approved by the Hunter Water Corporation. Council Officers advised HWC of the extent of clearing and requested that they attend the site to determine compliance.





Asked By Councillor Smith Meeting Date 3 September 2008 Question Asked Kurri Kurri Bowling Club – Flashing Neon Sign Department CP Expected due


Current Status CRMS 14435437 – Referred to Development Compliance Officers for further investigation. The Director City Planning advised the signage at Kurri Kurri Bowling Club had been looked at and that he had staff look at it at night when it is worse. The sign is located on the Club's land but the question has been asked of the RTA in terms as to whether they consider it to be a traffic hazard due to its effect at night. At this stage we have not had a response from the RTA. Matter referred to the Traffic Review Committee as at 10 February 2009.


Asked By Councillor Ryan Meeting Date 3 September 2008 Question Asked Hanson Concreting – Relocating Department CP Expected due


Current Status CRMS 14435219 Pending response from RTA. Matter raised with RTA on 13/11/2008 – No response to date.


Asked By Councillor Pynsent Meeting Date 3 September 2008 Question Asked Vineyard Grove – Interallotment Drainage Department CP Expected due


Current Status CRMS 14435961 Reallocated to Darryl Fitzgerald Subject properties inspected by Council Building staff and it was confirmed that the drainage for all dwellings is connected to the interallotment drainage system. The problem arising with overland stormwater flows would appear to be the result of cut/fill, landscaping and hard paving on individual properties which has altered surface flows. Report presented to the Council Meeting of 21/1/09.


Asked By Councillor Smith Meeting Date 8 October 2008 Question Asked Main Road, Cliftleigh Department CP Expected due

Date April 2009

Current Status CRMS 14879254 RTA have been advised of concerns raised by the residents in relation to the proposed intersection as part of the 908 lot subdivision (DA8/2007/901/1). Council is waiting for comments from the RTA as to whether the intersection design can be amended to accommodate some of the concerns raised by the residents. Tracy Sharp is the assessing officer and all enquiries in relation to the subdivision should be directed to her. Development Application to be reported to Council in A 2009.




Outstanding Notices of Motion

Notice of Motion 1. Council organise a public meeting with the residents of Weston and Abermain so that flooding issues can be discussed and that they can be informed of current progress and future plans on the rehabilitation of Swamp Creek.

2. Prior to the public meeting Council and interested parties (CMA, DECC, Department of Land) meet to gather information for the meeting.

Meeting Date 22 October 2008 Department I & S Expected due

Date 4/3/08

Current Status CRMS 14992545 Public Meeting to be held in the New Year after the South Cessnock meeting in CRMS 14876442.


Notice of Motion that Council accept the petition tabled at Meeting signed by 145 residents of predominantly Rawson and Hopetoun Streets calling for a review of Council's parking policies and bring back to Council a report within three months. The residents undersigned request that Cessnock Councillors conduct a review of street parking arrangements.

Kurri has historically wide Streets. However Council is now constructing narrow roads which are approximately 10 m wide with 9 m verges on each side. Parking on these verges is illegal and attracts a fine. When cars are parked on each side of the street there is a minimum of room for passing traffic and a danger of being side swiped. The review should include investigations of the following: allowing parking on the verge but leaving the footpath free; allowing two wheels to be on the verge parallel to the road; having Council build wider streets.

Meeting Date 21 January 2009 Department CP Expected due

Date 20 May 2009

Current Status As advised at Council Meeting, a Briefing is to be organised prior to a report going to Council.


Notice of Motion that Council invite the ICAC to Cessnock to give the presentation 'Lessons from the ICAC Investigation into Wollongong Council' to Council staff and the public.

Meeting Date 21 January 2009 Department C&C Expected due

Date 18/3/09

Current Status Letter of invitation sent to ICAC on 4 February 2009. Awaiting reply.





Notice of Motion that Cessnock City Council support all moves to establish further GP services within the Local Government Area. That this support will consist of any or all of the following:

• Submission in support of declaration of the LGA as an Area of Need as outlined in recent correspondence from a GP provider.

• Preparing a submission to the Australian Government seeking reclassification to RRAMA 3 or any equivalent classification in a revised schedule, in order to enhance income prospects for GPs relocating to the area.

• Coordination and cooperation with Hunter New England Health in strategies to attract GP services to the Local Government Area, including the identification of possible sites for the establishment of managed GP clinics.

Meeting Date 21 January 2009 Department C&C Expected due

Date 18/3/09

Current Status Matter being investigated RECOMMENDATION that the report be received and the information noted. To: Ordinary Council Meeting B R MORTOMORE 18 February 2009 GENERAL MANAGER

10 February 2009




SUBJECT: STAFF APPOINTMENTS, RESIGNATIONS & TRANSFERS

SUMMARY Report on resignations, appointments and transfers.

STAFF RESIGNATIONS/APPOINTMENTS/TRANSFERS Resignations, appointments and transfers over the last month are:

Staff Resignations

Employees Name Position Date of Resignation

Years of Service

Reginald Ross Backhoe Operator 23/1/09 36 yrs 10 mths Ross Smith Grader Operator 30/1/09 33 yrs

Staff Appointments

Employees Name Position Date of Commencement John Waghorn Governance & Corporate Planning Manager 19/1/09 Corey Noble On Site Sewage Project officer 19/1/09 Sarah Linton Finance Officer (Job Share) 19/1/09 Paul Taylor Senior GIS Officer 9/2/09

Internal Staff Transfers

Employees Name From To Date of TransferJoanne Walpole Admin Support Officer Executive Assistant –

Corporate & Community 16/2/09

Donna Ladmore Office Co-Ordinator Project Executive – Corporate & Community

23/12/08

Noel Sweetman Team Leader Building Maintenance

Building Maintenance Co-Ordinator

9/2/09

RECOMMENDATION that the report be received and the information noted. To: Ordinary Council Meeting B R MORTOMORE 18 February 2009 GENERAL MANAGER

10 February 2009




SUBJECT: NOTICE OF MOTION - 2008-2009 CAPITAL WORKS CONSTRUCTION PROGRAM

Director Infrastructure & Services, Mr L Oldfield, reports: SUMMARY Council at its meeting of 4 February 2009 resolved that:

1. The General Manager presents an action plan for the implementation of the Notice of Motion Councillor Pynsent moved at the Council Meeting of 8 October 2008 relating to Alexandra Street Kurri Kurri, the replacement of the Whitebridge in Mulbring and a detailed schedule of the backlog of works from the 2007/2008 budget. This plan be presented to Council at the next meeting, 18 February 2009.

2. A further report be presented to Council by the Director Corporate & Community on how an action plan for all Council resolutions can be introduced and adopted by this Council.

The following report is presented to show the program for the completion of the capital works program for the projects carried forward from the 2007-2008 program. BACKGROUND At Council’s meeting of 8 October 2008 Council adopted a Notice of Motion from Councillor Pynsent and resolved that:

“This Council requests the Director Infrastructure & Services to prepare a report to examine the works schedule in 2008/9 in particular Alexandra Street Kurri Kurri and the reconstruction of the Whitebridge Mulbring. These projects should be undertaken as a matter of urgency. This report should outline how the backlog in works can be completed by June 09”.

Consequently a report was presented to the Council meeting of 22 October 2008 (DI&S Report No. 9/2008) attached as Enclosure 1 to this Report, in response to the above Notice of Motion. That report outlined the schedule for Alexandra Street, Kurri Kurri and an outline of the particular construction issues with the works, it also included the works from the 2007-2008 carried over. The report also outlined the timetable for the construction of White Bridge, Richmond Vale. Further in the report the full capital works program was tabled with anticipated start and finishing times. Council at that meeting resolved that:

1. The report be received and noted. 2. The Director Infrastructure & Services convene a briefing session for Councillors to

explain the current works programme, particularly works carried over from 07/08. 3. The Director infrastructure & Services include in the briefing a plan to complete all

work in the current budget by June 30 2009.



REPORT A revised table of projects has been produced which highlights the 2007-2008 capital projects carried over and the program for completion. The table also shows the full 2008-2009 capital program and the completion of all programs around June 2009 with the exception of Cunneens Bridge and the Paynes Crossing road projects which are inter-related. Also the Thompson’s Bridge replacement where the project has only just been confirmed by the State Government and designs will need to be progressed. All dependent on wet weather, any variations and or any industrial or staffing issues. Also the program is dependent on the final estimates of costs at the design stage and any cost variation during construction, both these variables will affect the number of projects completed within the budget allocations for 2008. Miller Park is the remaining 2007-2008 infrastructure program from additional rates project not completed and this project has been included in the Community Infrastructure Grant works. The delivery program for these works is currently being prepared by the relevant project officers and a report will be prepared for Council following final approval of the projects from the Federal Government. RURAL ROAD PROJECTS Description Start Finish Majors Lane / Lovedale Road, Keinbah – intersection and pavement upgrade

Late Sep 08 Mid Jan 09

Broke Road, Pokolbin – pavement upgrade Mid May 09 End June 09 De Beyers rd, Pokolbin – pavement upgrade and seal Mid Feb 09 Mid May 09 McDonalds Road, Pokolbin – pavement upgrade Mid Feb 09 Mid Apr 09 Paynes Crossing Rd, Wollombi– pavement widening and seal

Clearing only Late Feb 09

Mid Mar 09

Whitebridge Rd , Richmond Vale – bridge approaches Late Jun 09 Early Jul 09 Wilderness Road, Rothbury - pavement upgrade and sealing Mid Nov 08 Mid Feb 09 URBAN ROAD PROJECTS Description Start Finish Alexandra Street, Kurri Kurri – pavement rehabilitation Early Apr 09 Mid Apr 09 Mathieson St, Bellbird Heights (Stage 1) – K&G and drainage Early Jul 08 Mid Nov 08 Kitchener Public School – Bus & Parking improvements Early Jan 09 Late Jan 09 Bell St, Greta – design only. Early Nov. 08 Late Nov 08 Quarrybylong & Neath Sts, Cessnock – K&G and pavement upgrade

Mid Jul 08 Late Aug 08

Mathieson St, Bellbird Heights (Stage 2) – K&G and drainage Early Jun 09 Late Jul 09 Hopetoun Street, Kurri Kurri – pavement upgrade and K&G Mid Feb 09 Early Apr 09 Cessnock St, Cessnock – pavement rehabilitation Late Mar 09 Early Apr 09 Deakin St, Kurri Kurri – K&G and drainage Early Apr 09 Early Jun 09 Swanson St, Weston , K&G and pavement upgrade Late Mar 09 Mid May 09 Rothbury & Boreas Streets, Nulkaba – pavement upgrade and sealing.

Mid Jul 08 Early Aug 08

STATE ROAD PROJECTS Description Start Finish MR588- Mitchell Ave, Kurri Kurri - pavement reconstruction Mid Sept. 08 Late Jan 09



BRIDGE PROJECTS Description Start Finish Cuneens Bridge, Wollombi – realignment and replace with new concrete bridge.

Mid May 09 Jan 10

White Bridge, Richmond Vale - demolish and replace with new concrete bridge.

Early Feb 09 Early Jun 09

Thompson’s Bridge , Laguna – road realignment and replace with pipe culvert

Late Jun 09 Late Sep 09

FOOTPATH PROJECTS Description Start Finish Lang St, Kurri Kurri Early July 08 Late July 08 Mt View Rd, Cessnock TBA TBA Sports Ave , Cessnock TBA TBA DRAINAGE PROJECTS Description Start Finish East Branxton Drainage System – incl. K&G Mid Nov 08 Late Feb 09 Long St, Cessnock – pipe easement Late July 08 Late Aug 08 Branxton St/ Railway St, Branxton – drainage scheme Late May 09 Late June 09 Mulbring Main Drain – trunk drainage system Late Aug 08 Mid Nov 08 Church St, Ellalong –design only N/A N/A Ann St, Cessnock – pipeline and K&G Early Jun 09 Early Jul 09 Macquarie St, Cessnock - repairs Early July 09 Early Aug 09 Council should be aware that the outdoor staff need to have work during the June/July period before the new 2009/2010 budget is available and projects will never be completed exactly on 30 June of each financial year. As Council has five (5) construction teams there will be at least five (5) projects of the 2008/2009 program being carried over and revoted into the 2009/2010 financial year. A separate gantt chart is provided in Enclosure 2 to this report for White Bridge. This shows a completion date of June 2009 without any delays caused by wet weather, below ground variations, and or works additional to the contract (extra works). Council approved the tender of Bridgeworks Aust. Pty Ltd in late December 2008 and the Council letter of acceptance sent on 23 December 2008. Hunter Water has now completed the watermain relocation and the bridge contractor has commenced occupation of the site on the week commencing 9 February 2009. CONSULTATION Director Infrastructure and Services Manager Infrastructure Services Manager Infrastructure Works Manager Infrastructure Strategy Infrastructure Financial Coordinator



STRATEGIC LINKS a. Management Plan The capital works are outlined in the Plans of Management. b. Other Plans Nil STATUTORY IMPLICATIONS a. Policy and Procedural Implications Nil b. Financial Implications The program is within the budgeted amounts resolved by Council. c. Legislative Implications N/A d. Risk Implications Risk related to Council funded programs. There is adequate contract documentation to reduce Council’s exposure to risk for the contract bridge works. e. Other Implications Nil OPTIONS Nil CONCLUSION The proposed schedule of projects will complete the 2007-2008 carry over of works in the 2008-2009 program subject to the comments in the above report related to final design costs, wet weather, variations and staffing issues that are unforeseen. RECOMMENDATION that the information be noted. To: Ordinary Council Meeting B R MORTOMORE 18 February 2009 GENERAL MANAGER

10 February 2009

agenda - city of cessnock · rover coaches outline new proposed cessnock/morisset bus/rail link....

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