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DUNGOG SHIRE COUNCIL Minutes of the Ordinary Meeting 20 June 2017

DUNGOG SHIRE COUNCIL · A MOTION was moved by Cr Knudsen and seconded by Cr Bowden that Council resume the Order of Council business. On being put the motion was carried. The Order

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Page 1: DUNGOG SHIRE COUNCIL · A MOTION was moved by Cr Knudsen and seconded by Cr Bowden that Council resume the Order of Council business. On being put the motion was carried. The Order

DUNGOG SHIRE COUNCIL

Minutes of the Ordinary Meeting

20 June 2017

Page 2: DUNGOG SHIRE COUNCIL · A MOTION was moved by Cr Knudsen and seconded by Cr Bowden that Council resume the Order of Council business. On being put the motion was carried. The Order

This is page number 2 of the Minutes of the Ordinary Meeting of the Council of the Shire of Dungog, held Tuesday 20 June 2017

TABLE OF CONTENTS MOTION OF CONDOLENCE 1. Vale – Mrs Elaine Hawley MAYORAL MINUTE

1. Acting General Manager REPORTS BY DEPARTMENT REQUIRING COUNCIL DECISION

MANAGER – PLANNING

1. Development Application No. 106/2016 – Modification to Dwelling 2. Development Application No. 29/2017 – Relocatable Dwelling& Shed MANAGER – ENVIRONMENTAL SERVICES

1. Paterson River Flood Study 2. Dungog Catchment Flood Planning 3. Draft Dungog Flood Risk Management Study and Plan

EXECUTIVE MANAGER – CORPORATE SERVICES

1. Intention to Adopt AASB124 – Related Party Disclosures Policy 2. Making of Rates and Charges for the Year Commencing 1 July 2017 3. Determination of Maximum Interest Rate on Overdue Rates and Charges

GENERAL MANAGER

1. Closed Council 2. Port Stephens Voluntary Amalgamation 3. Councillor Resignation – Casual Vacancy 4. Integrated Planning and Reporting Framework EXECUTIVE MANAGER – INFRASTRUCTURE AND ASSETS 1. Tender 01/2017 – Plant Hire 2017/2018 REPORTS FROM COMMITTEES AND OUTSIDE ORGANISATIONS 1. Council’s Management Committee Meeting Minutes REPORTS FOR INFORMATION ONLY

1. Development Applications – Delegated Authority 2. Lower Hunter Water Plan – 2016 Evaluation 3. Statement of Investments 4. Works Cost Statement 5. Councillors Travelling & Other Expenses 6. NSW Office of Local Government Circulars 7. Works Progress Report CONFIDENTIAL SECTION GENERAL MANAGER 1. Offer to Purchase COMPLIMENTS

Page 3: DUNGOG SHIRE COUNCIL · A MOTION was moved by Cr Knudsen and seconded by Cr Bowden that Council resume the Order of Council business. On being put the motion was carried. The Order

MINUTES OF THE ORDINARY MEETING OF DUNGOG SHIRE COUNCIL HELD AT DUNGOG SHIRE COUNCIL CHAMBERS ON 20 JUNE 2017 COMMENCING AT 6.05 PM. PRESENT: Mayor N F Knudsen and Councillors L M Bowden and R A Booth. OFFICERS IN ATTENDANCE: Shaun Chandler, A/General Manager, S W Hitchens, Executive Manager Infrastructure & Assets, J Tupper, Manager Planning and P J Minett, Manager Environmental Services.

ACKNOWLEDGEMENT OF COUNTRY: Delivered by Cr Knudsen.

APOLOGIES: Nil LEAVE OF ABSENCE: Councillor T Norman.

DECLARATION OF INTERESTS: Nil CONFIRMATION OF MINUTES:

Minute No. 37448 RESOLVED on the motion of Cr Bowden and seconded by Cr Booth that the Minutes of the Ordinary Meeting of Council, held on Tuesday 16 May 2017 and the Extra Ordinary meetings of Council, held on 23 May 2017, 2 June 2017 and 14 June 2017 having been circulated amongst the members of the Council be confirmed.

MATTERS ARISING: Nil

The Prayer was delivered by Mr Gordon Crimp.

The Ode was delivered by Cr Knudsen.

MOTION OF CONDOLENCE

Craig Deasey 1. VALE – MRS ELAINE HAWLEY EF08/648 Precis: Reporting on the passing of Mrs Elaine Hawley.

********* Minute No. 37449

RESOLVED on the motion of Cr Knudsen and seconded by Cr Bowden that Council recognise the passing of Mrs Elaine Hawley by observing one minutes silence in honour of her service to the community. One minute silence was observed.

Page 4: DUNGOG SHIRE COUNCIL · A MOTION was moved by Cr Knudsen and seconded by Cr Bowden that Council resume the Order of Council business. On being put the motion was carried. The Order

This is page number 4 of the Minutes of the Ordinary Meeting of the Council of the Shire of Dungog, held Tuesday 20 June 2017

MAYORAL MINUTE

Mayor Nancy Knudsen 1. ACTING GENERAL MANAGER EF16/22 Precis: Temporary appointment under Section 351 of the Local Government Act 1993 regarding the General Manager position.

********** Minute No. 37450

RESOLVED on the motion of Cr Booth and seconded by Cr Bowden that Executive Manager Corporate Services of Dungog Shire Council be appointed as Acting General Manager until 31 October 2017.

##### Minute No. 37451

A MOTION was moved by Cr Bowden and seconded by Cr Booth that the Order of Council business be suspended to allow members of the public to address Council. On being put the motion was carried. The Order of Council business was suspended at 6.17 pm. Mr J Connors spoke against the current operation of the Council with only four Councillors. Mr A Chivers spoke in favour of the recommendation of Manager Planning’s Report No. 2. Mr T Phelan spoke against the recommendation of Manager Planning’s Report No. 2. Mr M Anderson spoke against the recommendation of Manager Planning’s Report No. 1.

Minute No. 37452

A MOTION was moved by Cr Knudsen and seconded by Cr Bowden that Council resume the Order of Council business. On being put the motion was carried. The Order of Council business resumed at 6.34 pm.

Page 5: DUNGOG SHIRE COUNCIL · A MOTION was moved by Cr Knudsen and seconded by Cr Bowden that Council resume the Order of Council business. On being put the motion was carried. The Order

This is page number 5 of the Minutes of the Ordinary Meeting of the Council of the Shire of Dungog, held Tuesday 20 June 2017

PLANNING DEPARTMENT MANAGERS REPORT

Holley Hutchens 1. LOT 2 DP 1223485, 77 PRINCE STREET, CLARENCE TOWN – MODIFICATION

TO DWELLING DA 106/2016

Minute No. 37453 A MOTION was moved by Cr Booth and seconded by Cr Bowden that: 1. Consideration of the application be deferred. 2. Should the Section 96 application be amended to request a finished floor level of 22.8

RL AHD then the application can be determined under delegated authority by the General Manager.

On being put the motion was carried. The Mayor in accordance with Section 375A of the Local Government Act called for a Division. The Division resulted in 3 for 0 against as follows:

For: Crs, Knudsen, Booth, Bowden.

Nicholas Greenhalgh 2. LOT 109 DP 752497 AND LOT 165 DP 587597, 433 WOERDENS ROAD,

CLARENCE TOWN – RELOCATABLE DWELLING HOUSE AND DETACHED SHED

DA 29/2017

Minute No. 37454 RESOLVED on the motion of Cr Booth and seconded by Cr Knudsen that Development Application 29/2017 for a dwelling house, detached shed and associated infrastructure at Lot 109 DP 752497, 433 Woerdens Road Clarence Town be approved subject to the following conditions: Prescribed Conditions 1. The work must be carried out in accordance with the requirements of the Building

Code of Australia. 2. In the case of residential building work for which the Home Building Act 1989 requires

there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

3. A sign must be erected in a prominent position on any site on which building work,

subdivision work or demolition work is being carried out:

(i) showing the name, address and telephone number of the Principal Certifying Authority for the work, and

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

(iii) stating that unauthorised entry to the work site is prohibited.

Page 6: DUNGOG SHIRE COUNCIL · A MOTION was moved by Cr Knudsen and seconded by Cr Bowden that Council resume the Order of Council business. On being put the motion was carried. The Order

This is page number 6 of the Minutes of the Ordinary Meeting of the Council of the Shire of Dungog, held Tuesday 20 June 2017

Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

4. Residential building work within the meaning of the Home Building Act 1989 must not

be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the council) has given the Council written notice of the following information: (i)

in the case of work for which a principal contractor is required to be appointed:

a. the name and licence number of the principal contractor, and b. the name of the insurer by which the work is insured under Part 6 of that

Act,

(ii) in the case of work to be done by an owner-builder:

a. the name of the owner-builder, and b. if the owner-builder is required to hold an owner-builder permit under that

Act, the number of the owner-builder permit.

If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under (d) becomes out of date, further work must not be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the Council) has given the Council written notice of the updated information.

General 5. This development consent incorporates plans/and or documents referenced and

stamped:

(a) Plans Reference: Drawings prepared by: Australian Manufactured Homes and Best Sheds Project No. 201962

Drawing No. Issue Name of Plan Date N/A N/A Site Plan 10/02/2017 N/A N/A Floor Plan 10/02/2017 N/A N/A Elevations 10/02/2017 N/A N/A Elevations & Sections 10/02/2017 N/A N/A Floor Plan 10/02/2017 Page 1 of 8 N/A End Elevations 23/02/2017 Page 2 of 8 N/A Side Elevations 23/02/2017 Page 3 of 8 N/A End Frame Elevations 23/02/2017 Page 4 of 8 N/A Side Frame Elevations 23/02/2017 Page 5 of 8 N/A Cross Section 23/02/2017 Page 6 of 8 N/A Floor Plan 23/02/2017 Page 7 of 8 N/A Connection Details 23/02/2017 Page 8 of 8 N/A Connection Details 2 23/02/2017

(b) Document Reference:

Document Reference Author Date Statement of Environmental Effects

N/A T Chivers 10/02/2017

BASIX Certificate 798925S Aidan Chivers 22/02/2017 Bushfire Threat Assessment

N/A Firebird ecoSultants Pty Ltd

February 2017

Engineering Certification

N/A Best Sheds 28/02/2017

Page 7: DUNGOG SHIRE COUNCIL · A MOTION was moved by Cr Knudsen and seconded by Cr Bowden that Council resume the Order of Council business. On being put the motion was carried. The Order

This is page number 7 of the Minutes of the Ordinary Meeting of the Council of the Shire of Dungog, held Tuesday 20 June 2017

6. The development shall be undertaken in accordance with the approved plans and any

amendments in red by Council.

7. A drinking water supply with a minimum capacity of no less than 20, 000 litre shall be provided for domestic use in a association with the dwelling.

Note The drinking water storage tank may be combined with any required dedicated water supply provided for bushfire fighting purposes. The water storage shall be no less than the combined total of the drinking water supply and dedicate water supply required for fire fighting purposes. The lower portion of the water storage tank shall dedicated for fire fighting water supply only and be fitted with 65mm storz fitting and metal ball valve. The entire water storage tank shall be non flammable or shielded from the bushfire threat by way of a noncombustible barrier.

8. Roof water from the new dwelling and shed shall be conducted to the water storage

tank with a minimum capacity of 20000 Litres. All overflow from roof water tanks shall be piped clear of building foundations, dispersed by way of a minimum 1.2 m long level spreader located at ground level parallel to the existing contours and a minimum 3m clear of any boundaries, in such a manner so as not cause nuisance to adjacent properties. All roof water drainage works shall be undertaken in accordance with the Building Code of Australia (BCA) Part 3.5.2.

9. Colour and texture of the external materials of the dwelling house, shed and rainwater tank are to be chosen to ensure they blend into the natural surroundings. In this regard, natural colour tones and non-reflective materials shall be used in all external finishes.

Bushfire 10. All bushfire mitigation works detailed in the recommendations contained in bushfire

threat assessment prepared by the applicant (accepted as modified by the conditions of this development consent).

11. At the commencement of building works the property around the building shall be

managed as follows: • North for a distance of 50 metres (or to the boundary of the property) as an

inner protection zone/managed grassland; • East for a distance of 50 metres (or to the boundary of the property) as an

inner protection zone managed grassland, • South for a distance of 50 metres (or to the boundary of the property) as an

inner protection zone managed grassland, • West for a distance of 50 metres (or to the boundary of the property) as an

inner protection zone managed grassland, as outlined within section 4.1.3 and appendix 5 of Planning for Bush Fire Protection 2006 and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

12. Landscaping to the site is to comply with the principles of Appendix 5 of Planning for

Bush Fire Protection 2006.

Page 8: DUNGOG SHIRE COUNCIL · A MOTION was moved by Cr Knudsen and seconded by Cr Bowden that Council resume the Order of Council business. On being put the motion was carried. The Order

This is page number 8 of the Minutes of the Ordinary Meeting of the Council of the Shire of Dungog, held Tuesday 20 June 2017

13. The property access is to provide safe access to/from the public road system for fire fighters providing property protection during a bush fire and for occupants faced with evacuation. To achieve this, the following condition shall apply:

a) Property access roads shall comply with section 4.1.3 (2) of Planning for Bush

Fire Protection 2006. b) A minimum carriageway width of 4 metres is provided. c) A minimum vertical clearance of 6 metres to any overhanging obstruction,

including tree branches.

14. A 20,000 litre dedicated water supply tank (non flammable or shielded from the threat) shall be provided for bushfire fire fighting purposes. The tank shall be fitted with 65mm storz fitting and metal ball valve installed in the tank for connection to local fire service appliances.

Prior to the issuing of any Local Government Act Approval or any Construction Certificate 15. Prior to the issue of any Local Government Act Approval (section 68 for the dwelling)

separate approval from Council as the Roads Authority must be obtained under Section 138 of the Roads Act 1993. The Roads Act approval includes any works within a Council road reserve including the construction of any vehicle access/footpath crossing. For any such works, design plans must be submitted to Council for approval prior to the issue of any Local Government Act section 68 approval for the dwelling or issue of any Construction Certificate for the shed.

16. Prior to the issue of the Local Government Act section 68 Approval for the

transportable dwelling, a Controlled Activity Approval (CAA) issued by the Department of Primary Industries- Water must be obtained for the works proposed associated with the construction of the bridge as part of the access road. A copy of the CAA shall be provided to Council prior to the issue of any Local Government Act section 68 Approval.

17. Prior to the issue of any Construction Certificate, a Controlled Activity Approval (CAA)

issued by the Department of Primary Industries Water must be obtained for the works proposed associated with the construction of the access road. A copy of the CAA shall be provided to Council prior to the issue of any Construction Certificate.

18. Separate approval from Council as the Roads Authority must be obtained under

Section 138 of the Roads Act 1993 prior to the issue of any Construction Certificate which includes any works within a Council road reserve including the construction of any vehicle access/footpath crossing. For any such works, design plans must be submitted to Council for approval prior to issue of the Construction Certificate.

19. A detailed drainage design for the disposal of roof and surface water from the site, including any natural runoff currently entering the property and connection to the existing stream in accordance with Council’s requirements. Full details shall be submitted to and approved by Council prior to release of any Local Government Act section 68 Approval or Construction Certificate.

20. The beneficiary shall arrange for detailed engineering design plans to be submitted to

Council for approval for the unformed Crown Road including the associated crossing of Wallaroo Creek and erosion/sediment controls associated with construction of the unformed Crown Road from Woerdens Road to the property boundary including: - a) A minimum of 4 metre wide, 200mm thick gravel formation including

allowance for the conveyance of stormwater under the proposed access road with reinforced concrete culverts and headwalls (minimum 375mm diameter) in accordance with Council’s AUSPEC Standards and NSW Rural Fire Service ‘Planning for Bushfire Protection’ to serve the proposed development. Full

Page 9: DUNGOG SHIRE COUNCIL · A MOTION was moved by Cr Knudsen and seconded by Cr Bowden that Council resume the Order of Council business. On being put the motion was carried. The Order

This is page number 9 of the Minutes of the Ordinary Meeting of the Council of the Shire of Dungog, held Tuesday 20 June 2017

details of the proposed road construction will be required to be submitted to and approved by Council prior to release of any Local Government Act section 68 Approval or Construction Certificate.

b) Structural and hydraulic design details of the proposed road crossing of Wallaroo Creek. Such crossing shall be designed and constructed in accordance with both Council’s AUSPEC and NSW Rural Fire Service ‘Planning for Bushfire Protection’ standards and shall include flood warning signage, depth indicators and reflective guideposts in accordance with AS 1743. The detailed plans, structural engineer’s certification, specifications, existing and proposed surface levels and copies of the calculations, prepared by an engineer suitably qualified and experienced, shall be submitted to and approved by Council prior to release of any Local Government Act section 68 Approval or Construction Certificate.

Prior to Commencement of Works 21. Prior to the commencement of work for the construction of the dwelling or relocation

of the dwelling onto the subject lot, it will be necessary to obtain a Local Government Act, Section 68 Approval.

22. A Construction Certificate is to be issued by the Certifying Authority prior to

commencement of any works associated with the erection of the shed. The application for this Certificate is to satisfy all of the requirements of the Environmental Planning and Assessment Regulation 2000.

During Construction 23. There is to be no construction and/or demolition works, including deliveries on or to

the site prior to 7.00 am or after 6.00 pm Monday to Friday, prior to 8.00 am and after 6.00 pm Saturday, and prior to 9.00 am and after 4.00 pm Sunday.

24. Approved toilet facilities are to be provided, at or in the vicinity of the work site on

which the work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every twenty (20) persons employed at the site. The provision of toilet facilities in accordance with the Clause must be completed before any other work is commenced.

25. A waste containment facility to Council's requirements is to be provided on the

building site immediately after the first concrete pour for the building and is to be regularly serviced.

Council and the Environmental Protection Authority may issue "on the spot" fines if breaches of the Environmental Offences and Penalties Act, are detected.

Note - your attention is drawn to your responsibility to control any litter arising from building works associated with this consent.

26. Measures shall be implemented to prevent vehicles tracking sediment, debris, soil

and other pollutants onto any road.

27. ALL EXCAVATED OR FILLED AREAS are to be BATTERED to a slope of not greater than 45 degrees to the horizontal, or alternatively, be retained by a retaining wall. Where the height of the retaining wall exceeds 1000mm, duplicate copies of structural details, prepared by a practicing Structural Engineer, are to be submitted to and approved by the Principle Certifying Authority prior to their construction. All excavated and filled areas are to be drained to the satisfaction of Council

28. To minimise soil erosion during construction, the owner and builder shall ensure that

the following measures are implemented in the sequence outlined:-

Page 10: DUNGOG SHIRE COUNCIL · A MOTION was moved by Cr Knudsen and seconded by Cr Bowden that Council resume the Order of Council business. On being put the motion was carried. The Order

This is page number 10 of the Minutes of the Ordinary Meeting of the Council of the Shire of Dungog, held Tuesday 20 June 2017

(i) A dish shaped diversion drain or similar structure will be constructed above

the proposed house site to divert run-off to a stable discharge area such as an area with a grass cover. (This diversion drain is to be lined with turf or otherwise stabilised if it erodes after rainfall).

(ii) A sediment trapping fence using a geotextile fabric specifically designed for such a purpose and installed to manufacturer's specifications is to be placed below the construction area (eg "silt stop").

(iii) Vegetation is to be cleared from the construction site only; other areas are to remain undisturbed.

(iv) Top soil from the construction site or builders sand is to be stockpiled in a location where it will not be eroded from the site, and is not to be stockpiled on the road reserve.

(v) All erosion control measures will require maintenance after rainfall. They should be retained until the site has fully revegetated.

(vi) If soil or other materials are spilt accidentally onto the road or gutter, they shall be removed prior to the completion of the day's work.

All erosion and sedimentation controls are to be installed in accordance with Council's erosion and sedimentation control policy and code of practice. Failure to implement and maintain all erosion and sedimentation control measures is a breach of the Protection of the Environment Operations Act 1997 and is liable to an on-the-spot fine.

29. ALL BUILDING MATERIALS, plant and equipment is to be placed ON THE

BUILDING SITE. Building materials, plant and equipment (including water closets), are not to be placed on footpaths, roadways, public reserves etc.

Prior to Issue of Occupation Certificate or Use of the Building/s 30. Prior to release of any Occupation Certificate for the shed or use or occupation of the

dwelling an internal access road complying with the NSW Rural Fire Service ‘Planning for Bushfire Protection’ standards shall be provided from the property boundary to the proposed dwelling.

31. Any relocation or alterations of public utilities made necessary as a result of the

development are to be carried out at no cost to Council. 32. The developer being responsible for any costs relating to minor alterations and

extensions of existing roads, drainage and Council services for the purposes of the development.

33. Prior to release of any Occupation Certificate for the shed or use or occupation of the

dwelling the beneficiary shall make good to the satisfaction of Council, or make payment of the costs incurred by Council in making good, any pavement damage or structural deterioration caused to Council's roads by the use of such roads as haulage routes for materials used in construction or the operation of the approved development.

34. Prior to issue of an Occupation Certificate, roof water from the building and any

rainwater tank overflow shall be piped clear of all buildings - without creating any nuisance on the property, to the onsite sewage management system, or to adjoining properties.

35. Prior to release of any Occupation Certificate for the shed or use or occupation of the

dwelling the beneficiary of the consent shall construct the unformed Crown Road including the associated crossing of Wallaroo Creek and erosion/sediment controls associated with construction of the unformed Crown Road from Woerdens Road to the property boundary including:

Page 11: DUNGOG SHIRE COUNCIL · A MOTION was moved by Cr Knudsen and seconded by Cr Bowden that Council resume the Order of Council business. On being put the motion was carried. The Order

This is page number 11 of the Minutes of the Ordinary Meeting of the Council of the Shire of Dungog, held Tuesday 20 June 2017

a) A minimum of 4 metre wide, 200mm deep gravel formation including allowance for the conveyance of stormwater under the proposed access road with reinforced concrete culverts and headwalls (minimum 375mm diameter) in accordance with Council’s AUSPEC Standards and NSW Rural Fire Service ‘Planning for Bushfire Protection’ to serve the proposed development.

b) Structural and hydraulic design details of the proposed road crossing of

Wallaroo Creek. Such crossing shall be designed and constructed in accordance with both Council’s AUSPEC and NSW Rural Fire Service ‘Planning for Bushfire Protection’ standards and shall include flood warning signage, depth indicators and reflective guideposts in accordance with AS 1743.

36. Prior to release of any Occupation Certificate for the shed or use or occupation of the

dwelling all civil engineering works to be transferred to Council ownership shall be covered by a 12 months Maintenance Bond in accordance with Council’s Bonding Policy. The 12 months Maintenance Bond shall commence from the Practical Completion date identified by Council.

37. The building/s shall NOT BE USED OR OCCUPIED until completed and conditions of

consent have been complied with a satisfactory final inspection having be undertaken by council officers and written confirmation issued.

38. Prior to the use or occupation of the dwelling and or shed all roof water shall be

conducted to the water storage tank/s, with the overflow storm water management system completed in accordance with the conditions of development consent.

39. Prior to the use or occupation of the dwelling all requirements of the Local

Government Act Section 68 Approval shall be complied with. 40. Prior to the use or occupation of the dwelling all bushfire mitigation works detailed in

the recommendations contained in bushfire threat assessment prepared by the applicant (accepted as modified by the conditions of this development consent) shall be completed. Completed works shall be certified by the principle contractor verifying compliance with all listed requirements.

The Mayor in accordance with Section 375A of the Local Government Act called for a Division. The Division resulted in 3 for 0 against as follows:

For: Crs Knudsen, Booth, Bowden.

Page 12: DUNGOG SHIRE COUNCIL · A MOTION was moved by Cr Knudsen and seconded by Cr Bowden that Council resume the Order of Council business. On being put the motion was carried. The Order

This is page number 12 of the Minutes of the Ordinary Meeting of the Council of the Shire of Dungog, held Tuesday 20 June 2017

ENVIRONMENTAL SERVICES DEPARTMENT MANAGERS REPORT

Paul Minett

1. PATERSON RIVER FLOOD STUDY EF15/30 Précis: This report seeks the adoption of the recently completed Paterson River Flood Study.

********* Minute No. 37455

RESOLVED on the motion of Cr Bowden and seconded by Cr Knudsen that the Paterson River Flood Study be adopted by Council.

Paul Minett

2. DUNGOG CATCHMENT FLOOD PLANNING EF15/97 Precis: The purpose of this report is to seek a Council resolution to set a Flood Planning Level for the Dungog township, having regard to the data collected in the Dungog Flood Study.

********** Minute No. 37456

RESOLVED on the motion of Cr Bowden and seconded by Cr Booth that: 1. Council adopt a Flood Planning Level for the Dungog Flood Risk Management Study

area of the 500yr ARI (average recurrent interval) plus 0.5 m freeboard. 2. A planning proposal be prepared and submitted to the Department of Planning and

Environment to amend LEP 2014 to affect the new Flood Planning Level.

Paul Minett

3. DRAFT DUNGOG FLOOD RISK MANAGEMENT STUDY AND PLAN EF15/84 Precis: The purpose of this report is to seek resolution to place the Draft Dungog Flood Risk Management Study and Plan on public exhibition.

************ Minute No. 37457

RESOLVED on the motion of Cr Booth and seconded by Cr Bowden that the Draft Dungog Flood Risk Management Study be placed on Public exhibition for a period of 28 days.

Page 13: DUNGOG SHIRE COUNCIL · A MOTION was moved by Cr Knudsen and seconded by Cr Bowden that Council resume the Order of Council business. On being put the motion was carried. The Order

This is page number 13 of the Minutes of the Ordinary Meeting of the Council of the Shire of Dungog, held Tuesday 20 June 2017

CORPORATE SERVICES DEPARTMENT EXECUTIVE MANAGERS REPORT

Kim Chua 1. INTENTION TO ADOPT AASB124 - RELATED PARTY DISCLOSURES POLICY EF08/307 Precis: All councils in New South Wales must produce annual financial statements that comply with Australian Accounting Standards and from 1 July 2016, the Australian Accounting Standards Board (AASB) has determined that AASB 124 - Related Party Disclosures will apply to government entities, including local governments.

******** Minute No. 37458

RESOLVED on the motion of Cr Bowden and seconded by Cr Knudsen that Council give notice of its intention to adopt the draft Related Party Disclosures Policy.

Shaun Chandler 2. MAKING OF RATES AND CHARGES FOR THE YEAR COMMENCING

1 JULY 2017 EF08/537

Précis: Council is required to make the rates and charges for the financial year commencing 1 July 2017 in accordance with Sections 535, 537 & 538 of the Local Government Act 1993.

******** Minute No. 37459

RESOLVED on the motion of Cr Booth and seconded by Cr Bowden that in accordance with Chapter 15 of the Local Government Act 1993, Council make the following rates and charges for the year 1 July 2017 to 30 June 2018:- (A) ORDINARY RATES

(i) The Farmland Category of the Ordinary Rate shall consist of a Base Amount

to which an ad valorem amount is added, as follows:-

(a) the Base Amount shall be three hundred and twenty six dollars and zero cents ($326.00) on all rateable land within the category, within the Shire; and

the percentage of the total amount payable by the levying of the Rate

for the Farmland Category of the Ordinary Rate that the levying of the Base Amount will produce, is 14.92%.

(b) the ad valorem amount shall be zero point three one zero zero (0.3100)

cents in the dollar applied to the land value of all rateable land within the category, within the Shire.

(ii) The Residential Category, excepting Sub-categories Clarence Town, Dungog

and Village, of the Ordinary Rate shall consist of a Base Amount to which an ad valorem amount is added, as follows:-

Page 14: DUNGOG SHIRE COUNCIL · A MOTION was moved by Cr Knudsen and seconded by Cr Bowden that Council resume the Order of Council business. On being put the motion was carried. The Order

This is page number 14 of the Minutes of the Ordinary Meeting of the Council of the Shire of Dungog, held Tuesday 20 June 2017

(a) the Base Amount shall be three hundred and thirty two dollars and zero cents ($332.00) on all rateable land within the category, within the Shire; and

the percentage of the total amount payable by the levying of the Rate

for the Residential Category of the Ordinary Rate that the levying of the Base Amount will produce, is 31.50%.

(b) the ad valorem amount shall be zero point two six one four (0.2614)

cents in the dollar applied to the land value of all rateable land within the category, within the Shire.

(iii) The Residential - Clarence Town Sub-category of the Ordinary Rate shall

consist of a Base Amount to which an ad valorem amount is added, as follows:-

(a) the Base Amount shall be two hundred and sixty dollars and zero

cents ($260.00) on all rateable land within the sub-category, within the Shire; and

the percentage of the total amount payable by the levying of the Rate

for the Residential - Clarence Town Sub-category of the Ordinary Rate that the levying of the Base Amount will produce, is 37.46%.

(b) the ad valorem amount shall be zero point three four five zero

(0.3450) cents in the dollar applied to the land value of all rateable land within the sub-category, within the Shire.

(iv) The Residential - Dungog Sub-category of the Ordinary Rate shall consist of a

Base Amount to which an ad valorem amount is added, as follows:-

(a) the Base Amount shall be one hundred and fifty five dollars and zero cents ($155.00) on all rateable land within the sub-category, within the Shire; and

the percentage of the total amount payable by the levying of the Rate

for the Residential - Dungog Sub-category of the Ordinary Rate that the levying of the Base Amount will produce, is 21.87%.

(b) the ad valorem amount shall be zero point five three three three

(0.5333) cents in the dollar applied to the land value of all rateable land within the sub-category, within the Shire.

(v) The Residential - Village Sub-category of the Ordinary Rate shall consist of a

Base Amount to which an ad valorem amount is added, as follows:-

(a) the Base Amount shall be two hundred and sixty dollars and zero cents ($260.00) on all rateable land within the sub-category, within the Shire; and

the percentage of the total amount payable by the levying of the Rate

for the Residential - Village Sub-category of the Ordinary Rate that the levying of the Base Amount will produce, is 44.75%.

(b) the ad valorem amount shall be zero point two five seven seven

(0.2577) cents in the dollar applied to the land value of all rateable land within the sub-category, within the Shire.

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(vi) The Business Category, excepting Sub-categories Clarence Town, Dungog and Village, of the Ordinary Rate shall consist of a Base Amount to which an ad valorem amount is added, as follows:-

(a) the Base Amount shall be four hundred and fifty dollars and zero

cents ($450.00) on all rateable land within the category, within the Shire; and

the percentage of the total amount payable by the levying of the Rate

for the Business Category of the Ordinary Rate that the levying of the Base Amount will produce, is 47.95%.

(b) the ad valorem amount shall be zero point four two five zero

(0.4250) cents in the dollar applied to the land value of all rateable land within the category, within the Shire.

(vii) The Business - Clarence Town Sub-category of the Ordinary Rate shall

consist of a Base Amount to which an ad valorem amount is added, as follows:-

(a) the Base Amount shall be three hundred and eighty dollars and

zero cents ($380.00) on all rateable land within the sub-category, within the Shire; and

the percentage of the total amount payable by the levying of the Rate

for the Business - Clarence Town Sub-category of the Ordinary Rate that the levying of the Base Amount will produce, is 49.12%.

(b) the ad valorem amount shall be zero point four one three five

(0.4135) cents in the dollar applied to the land value of all rateable land within the sub-category, within the Shire.

(viii) The Business - Dungog Sub-category of the Ordinary Rate shall consist of a

Base Amount to which an ad valorem amount is added, as follows:-

(a) the Base Amount shall be three hundred and seventy four dollars and zero cents ($374.00) on all rateable land within the sub-category, within the Shire; and

the percentage of the total amount payable by the levying of the Rate

for the Business - Dungog Sub-category of the Ordinary Rate that the levying of the Base Amount will produce, is 40.92%.

(b) the ad valorem amount shall be zero point four nine two nine

(0.4929) cents in the dollar applied to the land value of all rateable land within the sub-category, within the Shire.

(ix) The Business - Village Sub-category of the Ordinary Rate shall consist of a

Base Amount to which an ad valorem amount is added, as follows:-

(a) the Base Amount shall be three hundred and thirty two dollars and zero cents ($332.00) on all rateable land within the sub-category, within the Shire; and

the percentage of the total amount payable by the levying of the Rate

for the Business - Village Sub-category of the Ordinary Rate that the levying of the Base Amount will produce, is 47.61%.

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(b) the ad valorem amount shall be zero point three three eight four (0.3384) cents in the dollar applied to the land value of all rateable land within the sub-category, within the Shire.

(B) HUNTER CATCHMENT CONTRIBUTION (i) That in accordance with the provisions of the Local Land Services Act 2013

and the regulations made thereunder, Council makes for the year commencing 1 July 2017, a Charge of zero point zero one one zero (0.0110), to be applied to the Land Value of land contained in the portion of the Authority District within the boundaries referred to in Schedule 2 of the said Act, as is located within the Shire; having a Land Value in excess of three hundred dollars ($300.00); and is rateable for the time being under the provisions of the Local Government Act, 1993.

(C) CHARGES

(i) Domestic Waste Management Services

(a) In pursuance of Section 496 of the Local Government Act, 1993 an

Annual Domestic Waste Management Charge of two hundred and ninety dollars and zero cents ($290.00) for a weekly service to domestic premises will be levied as follows:-

No. of Services Annual Charge per Assessment per Assessment

1. $ 290.00 2. $ 580.00 3. $ 870.00 4. $1160.00 5. $1450.00 6. $1740.00 7. $2030.00

(b) An Annual Domestic Waste Management Charge of thirty two dollars

and fifty cents ($32.50) for each vacant parcel of rateable land for which the service is available in pursuance of Section 496 of the Local Government Act, 1993.

(ii) Waste Management Services

(a) In pursuance of Section 501 of the Local Government Act, 1993 an annual Waste Management Charge of three hundred and twenty dollars and zero cents ($320.00) for a weekly service to business/commercial premises will be levied as follows:-

No. of Services Annual Charge per Assessment per Assessment

1. $ 320.00 2. $ 640.00 3. $ 960.00 4. $1280.00 5. $1600.00 6 $1920.00 7 $2240.00 8 $2560.00 9 $2880.00 10 $3200.00 11 $3520.00 12 $3840.00

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(b) A Waste Management Charge of three hundred and twenty dollars and zero cents ($320.00) per service per annum to non-rateable properties where the weekly service is provided in pursuance of Section 502 of the Local Government Act, 1993.

(iii) Recycling Services

(a) In pursuance of Section 496 of the Local Government Act, 1993 and Annual Recycling Charge of one hundred and twelve dollars and fifty cents ($112.50) for a fortnightly service will be levied on domestic premises that are subject to the charge.

(b) In pursuance of Section 501 of the Local Government Act, 1993 an annual Recycling Charge of one hundred and twelve dollars and fifty cents ($112.50) per annum for a fortnightly service will be levied to business/commercial premises where the service is provided.

(c) In pursuance of Section 502 of the Local Government Act, 1993 a Recycling Charge of one hundred and twelve dollars and fifty cents ($112.50) per annum for a fortnightly service will be levied to non-rateable properties where the service is provided.

(iv) Sanitary Services

(a) In pursuance of Section 501 of the Local Government Act, 1993 an annual charge of one thousand five hundred and sixty dollars ($1560.00) per regular service for the weekly removal of nightsoil will be levied as follows:-

No. of Regular Services Annual Charge per Assessment per Assessment

1. $1560.00

1(b) In pursuance of Section 501 of the Local Government Act, 1993 an annual charge of two thousand three hundred and fifteen dollars ($2315.00) per enhanced service for the weekly removal of nightsoil will be levied as follows:-

No. of Enhanced Services Annual Charge per Assessment per Assessment

1. $2315.00

(V) Stormwater Management Charge

In pursuance of the Local Government (General) Regulation 2005 a levy of twenty five dollars ($25.00) per urban rateable property for planning and provision of urban stormwater management services, with the exception of those properties exempted under the Regulation.

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Samantha Akers 3. DETERMINATION OF MAXIMUM INTEREST RATE ON OVERDUE RATES AND

CHARGES EF08/537

Precis: Determination of the maximum interest rate applicable on overdue rates and charges for the 2017/2018 rating year.

******** Minute No. 37460

RESOLVED on the motion of Cr Knudsen and seconded by Cr Bowden that Council set the rate of interest on overdue Rates and Charges for the 2017/2018 rating year at 7.5%.

INFRASTRUCTURE AND ASSETS DEPARTMENT EXECUTIVE MANAGERS REPORT

Nigel Atkins 1. TENDER 01/2017 - PLANT HIRE 2017/2018 EF17/20 Precis: Reporting on the Council’s Tender 01/2017 for the Hire of Plant for 2017/2018.

********** Minute No. 37461

RESOLVED on the motion of Cr Booth and seconded by Cr Knudsen that Council accept all conforming tenders as Tier 1 suppliers and non conforming tenders to be accepted as Tier 2 suppliers for Tender 01/2017 - Hire of Plant for the period 1 July 2017 to 30 June 2018.

GENERAL MANAGER

Craig Deasey 1. CLOSED COUNCIL Précis: Report referring matters to Closed Council.

********** Minute No. 37462

RESOLVED on the motion of Cr Knudsen and seconded by Cr Booth that: 1. Council resolve into Closed Council to consider business identified, together with any

late reports tabled at the meeting. 2. Pursuant to section 10A (1)-(3) of the Local Government Act 1993, the media and

public be excluded from the meeting on the basis that the business to be considered is classified as confidential under the provisions of Sec 10A(2) as outlined above.

3. Correspondence and reports relevant to the subject business be withheld from

access to the media and public as required by Sec 11(2) of the Local Government Act 1993.

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Craig Deasey

2. PORT STEPHENS VOLUNTARY AMALGAMATION EF16/22 Precis: Reporting on elements associated with the Council resolution of the extraordinary meeting of Council 1 May 2017.

******** Minute No. 37463

A MOTION was moved by Cr Booth and seconded by Cr Bowden that the General Manager be thanked for his report and that it be noted. On being put the motion was carried.

Shaun Chandler 3. COUNCILLOR RESIGNATION - CASUAL VACANCY EF08/83 Precis: Reporting on the resignation of Councillors Bale, Farrow, Johnston and Wall.

************ Minute No. 37464

RESOLVED on the motion of Cr Bowden and seconded by Cr Booth that Council notify the Minister for Local Government of the resignation of Councillor’s Bale, Farrow, Johnston and Wall and request the Minister to order that the casual vacancy not be filled. Manager Planning left the Chambers at 7.12pm and did not return.

Shaun Chandler 4. INTEGRATED PLANNING & REPORTING FRAMEWORK Ef09/142 Precis: Reporting on the public exhibition periods of the Operational Plan.

********* Minute No. 37465

RESOLVED on the motion of Cr Booth and seconded by Cr Bowden that: 1. Council adopt the 2017/2018 Operational Plan and Budget as exhibited. 2. Council adopt the 2017/2018 Pricing Policy as exhibited. 3. The Council approve expenditure and vote money as detailed within the Councils

2017/2018 Budget.

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REPORTS FROM COMMITTEES AND OUTSIDE ORGANISATIONS

Shaun Chandler 1. COUNCIL’S MANAGEMENT COMMITTEE MEETING MINUTES Précis: Reporting on Minutes of Council Management Committee Meetings provided to Council.

********** Minute No. 37466

RESOLVED on the motion of Cr Booth and seconded by Cr Knudsen that the minutes of the Management Committee Meeting be received and noted.

REPORTS BY DEPARTMENT FOR INFORMATION ONLY

Jacqui Tupper 1. DEVELOPMENT APPLICATIONS - DELEGATED AUTHORITY

EF08/228 Precis: Development Consent has been granted to the following development applications under delegated authority for the month of May 2017.

****** Minute No. 37467

RESOLVED on the motion of Cr Knudsen and seconded by Cr Bowden that the report be received and the information noted.

Paul Minett 2. LOWER HUNTER WATER PLAN – 2016 EVALUATION

EF11/101

Precis: The purpose of this report is to provide Council with a summary of the 2016 evaluation of the progress of the Lower Hunter Water Plan(2014) as recently released by the Department of Primary Industries - Water.

*********** Minute No. 37468

RESOLVED on the motion of Cr Knudsen and seconded by Cr Booth that the report be received and noted.

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Shaun Chandler 3. STATEMENT OF INVESTMENTS

EF08/220

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

********** Minute No. 37469

RESOLVED on the motion of Cr Booth and seconded by Cr Knudsen that the report be received and the information noted.

Shaun Chandler

4. WORKS COST STATEMENT EF08/221

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

******** Minute No. 37470

RESOLVED on the motion of Cr Knudsen and seconded by Cr Bowden that the Works Cost Statement for the period ending 31 May 2017 be received and noted.

Shaun Chandler 5. COUNCILLORS TRAVELLING & OTHER EXPENSES

EF08/222

Précis: Report on Councillors travelling for Councillors information.

********** Minute No. 37471

RESOLVED on the motion of Cr Bowden and seconded by Cr Booth that the report be received and the information noted.

Craig Deasey

6. NSW OFFICE OF LOCAL GOVERNMENT CIRCULARS EF08/142 Précis: Providing a summary of circulars that have been released by the Office of Local Government.

********** Minute No. 37472

RESOLVED on the motion of Cr Booth and seconded by Cr Bowden that the report be received and the information noted.

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Nigel Atkins 7. WORKS PROGRESS REPORT EF08/208 Précis: Reporting on construction and maintenance works undertaken in May 2017.

********** Minute No. 37473

RESOLVED on the motion of Cr Booth and seconded by Cr Knudsen that the report be received and the information noted

BUSINESS OF AN URGENT NATURE Nil.

CLOSED COUNCIL

Minute No. 37474 RESOLVED on the motion of Cr Knudsen and seconded by Cr Booth that: 1. Council resolve into closed council to consider business identified, together with any

late reports tabled at the meeting.

2. Pursuant to section 10A(1)-(3) of the Local Government Act 1993, the media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of section 10A(2) of the Local Government Act 1993.

3. The correspondence and reports relevant to the subject business be withheld from access to the media and public as required by section 11(2) of the Local Government Act 1993.

Council closed its meeting at 7.31 pm. The public and media left the Chambers.

Minute No. 37476 RESOLVED on the motion of Cr Booth and seconded by Cr Knudsen that Council move out of Closed Council and into Open Council.

On being put the motion was carried. Open Council resumed at 7.37 pm.

The following resolutions of Council while the meeting was closed to the public were read to the meeting by the Acting General Manager.

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GENERAL MANAGER

Craig Deasey 1. OFFER TO PURCHASE EF09/25 Precis: Reporting on an offer to acquire Council property situated at 138 Abelard Street, Dungog.

*********** Minute No. 37475

A MOTION was moved by Cr Booth and seconded by Cr Knudsen that Dungog Shire Council not proceed and not accept the offer at this point in time.

On being put the motion was carried. The Mayor called for a Division. The Division resulted in 3 for 0 against as follows:

For: Crs Knudsen, Booth, Bowden.

There being no further business the meeting terminated at 7.39 pm. Confirmed ................................................. Date .................................................