ORDINARY MEETING MINUTES 18 SEPTEMBER 2019 · Page 4 Dungog Shire Council Ordinary Meeting Minutes 18 September 2019 Meeting commenced at 6.00 pm. PRESENT: Councillors T Norman, D

DUNGOG SHIRE COUNCIL

DRAFT

ORDINARY MEETING

MINUTES

18 SEPTEMBER 2019

Page 2

Dungog Shire Council Ordinary Meeting Minutes 18 September 2019

TABLE OF CONTENTS MAYORAL MINUTE Nil ELECTION OF MAYOR AND DEPUTY MAYOR 1. Election of Mayor and Deputy Mayor PLANNING DEPARTMENT 1. Development Application – 37/2018 2. Development Application – 98/2019 3. Development Application – 128/2018 4. Development Applications – Delegated Authority & Tracking ENVIRONMENTAL SERVICES DEPARTMENT 1. Successful Grant – Environmental Improvements to Landfills Grant Program INFRASTRUCTURE & ASSETS DEPARTMENT 1. Alison Court Rental Increase 2. Regional Procurement Tender for the Supply and Delivery of Concrete Pipes - Tender T691920HUN 3. Regional Procurement Tender for the Supply and Delivery of Bulk Fuel and Oil – Tender T681920HUN 4. Works Progress Report CORPORATE & CUSTOMER SERVICES DEPARTMENT 1. Statement of Investments 2. Works Cost Statement 3. Councillors Travelling and Other Expenses GENERAL MANAGER

1. Audit, Risk and Improvement Committee 2. Planning Proposal – Amendment to Dungog Local Environmental Plan 2014 - Additional Permitted Uses 3. Resolutions Tracking Report 2019 4. NSW Office of Local Government Circulars 5. Closed Council 6. Rural Lands Strategy COMMITTEES AND OUTSIDE ORGANISATIONS 1. Council’s Management Committee Meeting Minutes COUNCILLOR REPORTS

Nil NOTICES OF MOTION

Nil

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QUESTIONS ON NOTICE

Nil CONFIDENTIAL REPORTS GENERAL MANAGER 1. Planning Department Review COMPLIMENTS Minutes of Ordinary Meeting 21 August 2019

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Meeting commenced at 6.00 pm. PRESENT: Councillors T Norman, D Rayward, J Connors, G Riley, J Lyon, R Booth, S Low AM and K Murphy.

OFFICERS IN ATTENDANCE: C Nichols, General Manager, S Chandler, Executive Manager Corporate Services, S Hitchens, Executive Manager Infrastructure & Assets, J Tupper, Manager Planning and P Minett, Manager Environmental Services.

ACKNOWLEDGEMENT OF COUNTRY: Delivered by Mayor T Norman.

APOLOGIES: Councillor G Wall. LEAVE OF ABSENCE: Nil. DECLARATION OF INTERESTS: Councillor Murphy declared a pecuniary interest in Planning Departments report no. 4. CONFIRMATION OF MINUTES: COUNCIL RESOLUTION 38170 That the minutes of the Ordinary Council Meeting held on 21 August 2019 be

confirmed. Moved Cr J Lyon, Seconded Cr K Murphy.

Carried. MATTERS ARISING: Nil

The Prayer was delivered by a member of the community.

The Ode was delivered by Mayor T Norman.

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ELECTION OF MAYOR AND DEPUTY MAYOR

1. ELECTION OF MAYOR AND DEPUTY MAYOR

FILE NO: EF08/602

ANNEXURES: Nil

AUTHOR: The General Manager

RECOMMENDATION: That: 1. Council elect a Mayor – pursuant to Section 227 of the Local Government Act 1993, to hold office until September 2020.

2. Council elect a Deputy Mayor – pursuant to Section 231(2) of the Local Government Act 1993, the period of appointment for the Deputy Mayor be equivalent to that of the Mayor.

3. The method of election for both (or either) the Mayor and Deputy Mayor be by open voting.

4. The General Manager be authorised to destroy all ballot papers used in the election process.

Precis: Reporting on the election of a Mayor by the Councillors.

******** AMENDMENT 38171 That:

1. Council elect a Mayor – pursuant to Section 227 of the Local Government Act 1993, to hold office until September 2020.

2. Council elect a Deputy Mayor – pursuant to Section 231(2) of the Local Government Act 1993, the period of appointment for the Deputy Mayor be equivalent to that of the Mayor.

3. The method of election for both (or either) the Mayor and Deputy Mayor be by open voting.

4. The General Manager be authorised to destroy all ballot papers used in the election process.

5. The outcome of the Mayor and Deputy Mayor election be recorded in the minutes and the Director General of the Office of Local Government and Secretary of Local Government be advised accordingly.

Moved Cr T Norman Seconded Cr D Rayward.

Carried.

Mayor Tracy Norman vacated the Chair at 6.05 pm and the General Manager took the Chair.

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The General Manager advised that only one nomination for Mayor had been received and that was for Councillor Tracy Norman and as such the General Manager declared Councillor Tracy Norman as the Mayor. No nominations were received for Deputy Mayor and as such no Deputy Mayor was appointed. At 6.08 pm the Mayor Tracy Norman resumed the Chair vacated by the General Manager.

#####

MOTION 38172 That the Order of Council business be suspended to allow members of the

public to address Council. Moved Cr K Murphy, Seconded Cr D Rayward.

Carried. The Order of Council business was suspended at 6.09 pm.

Mr Geoffrey Bretag spoke in favour of the officer recommendation of Planning Departments report no. 2. Mr Richard Bennett spoke on request for amendment to conditions of consent for Planning Department report no. 1. Mr Matt Brown spoke against the officer recommendation of Planning Department report no. 3. Ms Ann Watkins spoke against the officer recommendation of Planning Department report no. 3. MOTION 38173 That Council resume the Order of Council business.

Moved Cr S Low AM Seconded Cr R Booth

Carried. The Order of Council business resumed at 6.26 pm.

#####

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PLANNING DEPARTMENT

OFFICERS RECOMMENDATION: That Council provide the reasons for its approval of DA 37/2018 so that they can be included on the Notice of Determination.

Precis: At the Council Meeting of the 21 August 2019, Council resolved to approve DA 37/2018 for a flood refuge mound subject to conditions contained in Annexure ‘A’ of that report. The Approval remains in accordance with the August Council resolution with the adopted conditions of consent. This report only seeks Councils adoption of reasons for approval to be included on the Notice of Determination. In accordance with the Environment Planning & Assessment Act 1979 it is necessary for the consent authority to provide the reasons for the decision which are to be included in the consent.

*********** RESOLUTION 38174 That the reasons for Council’s approval of DA37/2018 are:

1) That the Council formed the view based on the expert evidence and

photographic evidence of actual flood events submitted on behalf of the applicant that the proposed development was suitable on this site.

2) The objectives of the NSW Floodplain Development Manual are not

offended by the proposal. 3) The proposal is not inconsistent with the findings of the Paterson River

Floodplain Risk Management Plan. 4) The proposal is in the public interest. 5) The proposal will provide for the safety of livestock during flood events,

1. DEVELOPMENT APPLICATION – 37/2018 FLOOD REFUGE MOUND FOR STOCK HOLDING YARD LOT 3 DP251382, 135 MARTINS CREEK ROAD, PATERSON

FILE NO: DA37/2018

AUTHOR: Manager Planning/Snr Building/Development Officer

APPLICANT: Hill Top Planners Pty Ltd

OWNER: Mr Richard Green

PROPOSAL: Development Application 37/2018 Flood Refuge Mound for Stock Holding Yard

LOCATION: LOT: 3 DP: 251382, 135 Martins Creek Road, PATERSON

ZONE: Zone E3 Environmental Management

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6) The proposal is consistent with the current LEP and provides consistency

with planning determinations as a flood mound has been approved on a separate adjoining block in 2017, and

7) That the conditions of consent be amended to remove conditions 7, 8a, 8b

and 10. (***) (*** Point 7 of this resolution was unable to be implemented, please refer to Matters Arising from Minutes of the October 2019 Agenda) Cr Norman foreshadowed a motion. Moved: Cr D Rayward, Seconded: Cr R Booth.

Carried. The Mayor in accordance with Section 375A of the Local Government Act called for a Division. The Division resulted in 6 for 2 against as follows:

For: Crs: Rayward, Connors, Riley, Booth, Murphy, Low. Against: Crs Norman, Lyon

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OFFICERS RECOMMENDATION: That Development Application 98/2019 being for a shed at Lot 2 DP 869397, 12 Woodglen Close, Paterson be approved subject to the conditions in Annexure ‘A’.

Precis: The Development Application is required to be reported to Council for determination due to a 42.6% variation to the front setback requirement of 30m specified in Chapter 3 Building Line Setbacks of the Dungog Development Control Plan.

******** MOTION 38175

That Development Application 98/2019 being for a shed at Lot 2 DP 869397, 12 Woodglen Close, Paterson be approved subject to the conditions in Annexure ‘A’. Moved: Cr K Murphy, Seconded: Cr J Lyon.

Carried.

The Mayor in accordance with Section 375A of the Local Government Act called for a Division. The Division resulted in 8 for 0 against as follows:

For: Crs Norman, Rayward, Connors, Riley, Booth, Murphy, Low, Lyon.

2. DEVELOPMENT APPLICATION – 98/2019 – SHED WITH ATTACHED AWNING, LOT 2 DP 869397, 12 WOODGLEN CLOSE PATERSON

FILE NO: DA98/2019

ANNEXURES: A Recommended conditions of consent

B Plans

AUTHOR: Town Planner

APPLICANT: John Barnett

OWNER: Mr and Mrs Barnett

PROPOSAL: Shed with attached awning

LOCATION: Lot 2 DP 869397, 12 Woodglen Close, Paterson

ZONE: E4 Environmental Living

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ANNEXURE ‘A’

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.

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:

Plan / Document Drawn by Date Full Site Plan AllGall 10 September 2019 Site Plan and Analysis Plan AllGall 10 September 2019

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Sheet 1 of 4 – 3D view AllGal 10 September 2019 Sheet 2 of 4 – elevations AllGal 10 September 2019 Sheet 3 of 4 – floor plan AllGal 10 September 2019

6. The development shall be undertaken in accordance with the approved plans and any amendments in red by Council.

7. The shed shall not be adapted nor used for habitable, commercial or industrial

purposes without the prior written consent of Council.

Note – Use of a shed/garage or the like, as a dwelling for either part time or a permanent basis, is an offence under the provisions of the Environmental Planning & Assessment Act. Such breaches will result in a Penalty Infringement Notice and the issuing of Orders to vacate/cease the unauthorised use of the building.

8. Roof water from the building shall be conducted to the nominated water storage tanks

and then to a level spreader to allow even dispersion of stormwater. The level spreader shall be located a minimum 3m clear of any property boundaries and 3m clear of any building footings system. Drainage shall be by means of a sealed pipeline having a minimum diameter of 90mm. All roof water drainage works shall be undertaken in accordance with the Building Code of Australia (BCA) Part 3.5.2.

Prior to Commencement of Works 9. Prior to commencement of building works where required a copy of the Home Owners

Warranty insurance or a copy of the Owner Builders permit, shall be submitted to council. Be advised NO INSPECTIONS will be undertaken until the required information is supplied to council where required.

10. Prior to the commencement of work for the construction of the building, it will be

necessary to obtain a Construction Certificate. Where Council is not the Principal Certifying Authority (PCA), the proponent or private certifier shall submit a Construction Certificate to Council prior to building works commencing on the subject allotment.

During Construction

11. 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.

12. 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.

13. 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.

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

and other pollutants onto any road. 15. 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

16. To minimise soil erosion during construction, the owner and builder shall ensure that the following measures are implemented in the sequence outlined:-

(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.

17. 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 18. The building shall NOT BE USED OR OCCUPIED until completed and conditions of

consent have been complied with and an Occupation Certificate has been issued. 19. Prior to the release of any occupation certificate all roof water from the building shall

be conducted to the approved disposal system as prescribed by the conditions of this consent.

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OFFICERS RECOMMENDATION: That the proposed boundary adjustment between Lot 18 DP 753206 and Lot 1 DP 219170, No 351 Monkerai Road, be refused subject to the reasons listed in Annexure ‘A’:

Precis: The following report considers Development Application No 128/2018 which seeks development consent for a boundary adjustment between Lot 18 DP 753206 and Lot 1 DP 219170, Monkerai Road, Main Creek.

******** AMENDMENT 1. Defer this report to allow late additional information to be assessed by

Council staff. 2. A report be prepared for the October 2019 Ordinary meeting. Moved: Cr T Norman

Defeated.


For: Crs: Norman, Lyon, Riley. Against: Crs Rayward, Connors, Booth, Murphy, Low

3. DEVELOPMENT APPLICATION – DA128/2018 2 LOT BOUNDARY ADJUSTMENT, 351 MONKERAI ROAD, MAIN CREEK

FILE NO: DA128/2018

ANNEXURES:

A Reasons for Refusal

B Proposed Subdivision Plan

C Sparke Helmore correspondence

AUTHOR: Senior Town Planner/Development Officer

APPLICANT: Perception Planning Pty Ltd

OWNER: Bartkins Pty Ltd - Mr R I Watkins

PROPOSAL: 2 Lot Boundary Adjustment

LOCATION: LOT: 18 DP: 753206, LOT: 1 DP 219170, No 351 Monkerai Road, Main Creek

ZONE: RU1 Primary Production

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MOTION 38176 That the development application for a boundary adjustment between Lot 18

DP 753206 and Lot 1 DP 219170, No. 351 Monkerai Road, be approved and the matter deferred until the October meeting of Council pending provision of draft conditions of consent by Council staff. Reasons: The applicant has advised that the growing of roses on the land ceased in 1997 and 2002 with the land being used for agriculture since that time. The applicant has further advised that the only chemicals used when the rose farm was in operation were:

Carbaryl (half life of 21 days in soil) Pyrethrum spray (half life in the soil of l0 days) D C Tron oil (classified as non-hazardous) Fusilade (half life in the soil of 60 days) Lime Sulphur (not generally toxic to people, soil or the environment).

No chemicals were used in agriculture other than pour on drenches. The Council is satisfied, from the information supplied by the applicant, that a consideration of the issue of contamination, as required by SEPP 55, has been satisfied with no further investigation required. An assessment under SEPP 44 (Koala Habitat) has been provided to council and no vegetation is to be removed pursuant to the application. All other relevant matters are considered in the assessment report DA 128/2018 (p.29 BP 18 September, 2019)." Moved: Cr S Low AM, Seconded: Cr J Connors.

Carried. The Mayor in accordance with Section 375A of the Local Government Act called for a Division. The Division resulted in 6 for 2 against as follows:

For: Crs Rayward, Connors, Riley, Booth, Murphy, Low. Against: Crs Norman, Lyon.

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Cr Murphy declared an interest in the following report and left the Chambers at 7.17 pm.

OFFICERS RECOMMENDATION: That the report be received and the information noted. Precis: Development Consent has been granted to the following development applications under delegated authority for the month of August 2019.

****** RESOLUTION 38177

That the report be received and the information noted. Moved: Cr S Low AM, Seconded: Cr D Rayward.

Carried.


For: Crs Norman, Rayward, Connors, Riley, Booth, Low, Lyon.

Cr Murphy returned to the Chambers at 7.23 pm.

4. DEVELOPMENT APPLICATIONS – DELEGATED AUTHORITY & TRACKING

FILE NO: EF 08/228

ANNEXURES: Nil

AUTHOR: Planning Manager

COMMUNITY STRATEGIC PLAN:

Rural & Urban Development - Ensure that our land use planning for the Shire acknowledges the importance of our rural character and agricultural activities.

DELIVERY PROGRAM: 4.2 Processing of Development Applications to ensure the ongoing environmental sustainability of the LGA.

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ENVIRONMENTAL SERVICES DEPARTMENT REPORTS

1. SUCCESSFUL GRANT – EVIRONMENTAL IMPROVEMENTS TO LANDFILLS GRANTS PROGRAM

FILE NO: EF07/58

ANNEXURES: Nil

AUTHOR: Manager Environmental Services


Natural Environment

DELIVERY PROGRAM: 6.3.1 Provide an Economical and Environmentally Sustainable Landfill Facility

OFFICERS RECOMMENDATION: That the report be received and the information noted. Precis: The purpose of this report is to advise Council of a successful grant outcome of $46,220 under the Waste Less, Recycle More Landfill Consolidation and Environmental Improvements Grants Program.

********

RESOLUTION 38178

That the report be received and the information noted. Moved: Cr K Murphy, Seconded: Cr G Riley.

Carried.

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INFRASTRUCTURE AND ASSETS DEPARTMENT

OFFICERS RECOMMENDATION: 1. The rental amounts for all 14 Alison Court Units be increased to $337.59 per fortnight

effective 1 December 2019;

2. Residents be provided the necessary notification of such. Precis: The purpose of this report is to recommend increases to the Alison Court rental payments.

********** RESOLUTION 38179

1. The rental amounts for all 14 Alison Court Units be increased to $337.59 per fortnight effective 1 December 2019;

2. Residents be provided the necessary notification of such. Moved: Cr S Low AM, Seconded: Cr J Connors.

Carried.

1. ALISON COURT RENTAL INCREASE

FILE NO: EF07/68

ANNEXURES: Nil

AUTHOR: Executive Manager Infrastructure & Assets


Public Infrastructure and Services

DELIVERY PROGRAM: Strategy 6.3 - Aged Accommodation

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OFFICERS RECOMMENDATION: It is recommended that Council resolve:- 1. That Holcim (Australia) Pty Ltd t/a Humes be awarded this contract as the Single Source

supplier based on Hunter Council’s pricing for the period 1 October 2019 to 30 September 2021; and

2. That a provision be allowed for a 12-month extension based on satisfactory supplier performance, which may take this contract through to 30 September 2022.

Precis:

To provide Council with information regarding the recent Single Source Tender undertaken by Regional Procurement for the Supply and Delivery of Concrete Pipes - Tender T691920HUN.


1. That Holcim (Australia) Pty Ltd t/a Humes be awarded this contract as the Single Source supplier based on Hunter Council’s pricing for the period 1 October 2019 to 30 September 2021; and

2. That a provision be allowed for a 12-month extension based on

satisfactory supplier performance, which may take this contract through to 30 September 2022.

Moved: Cr J Connors, Seconded: Cr K Murphy.

Carried.

2. REGIONAL PROCUREMENT TENDER FOR THE SUPPLY AND DELIVERY OF CONCRETE PIPES - TENDER T691920HUN

FILE NO: EF08/290

ANNEXURES: Nil

AUTHOR: Executive Manager – Infrastructure & Assets

COMMUNITY STRATEGIC PLAN

Governance and Finance

DELIVERY PROGRAM: Strategy 5 Council undertakes prudent financial management to ensure its long-term viability

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3. REGIONAL PROCUREMENT TENDER FOR THE SUPPLY AND DELIVERY OF BULK FUEL AND OIL - TENDER T681920HUN

FILE NO: EF08/290

ANNEXURES: Nil

AUTHOR: Executive Manager – Infrastructure & Assets


Governance and Finance

DELIVERY PROGRAM: Strategy 5 Council undertakes prudent financial management to ensure its long-term viability

OFFICERS RECOMMENDATION: It is recommended that Council resolve:- 1. That Hastings Co-operative Limited be awarded this contract as the Single Source

supplier for Category 1 – Supply and Delivery of Bulk Fuels for the period 1 October 2019 to 30 September 2021; and

2. That a provision be allowed for a 12 month extension based on satisfactory supplier performance, which may take this contract through to 30 September 2022; and

3. That Bracourt Pty Ltd t/a Redpoint be awarded this contract as the Single Source supplier for Category 2 – Supply and Delivery of Oils and Lubricants for the period 1 October 2019 to 30 September 2021;

4. That a provision be allowed for a 12 month extension based on satisfactory supplier performance, which may take this contract through to 30 September 2022.

Precis:

To provide Council with information regarding the recent Single Source Tender undertaken by Regional Procurement for the Supply and Delivery of Bulk Fuel and Oil - Tender T681920HUN.


1. That Hastings Co-operative Limited be awarded this contract as the Single Source supplier for Category 1 – Supply and Delivery of Bulk Fuels for the period 1 October 2019 to 30 September 2021; and

2. That a provision be allowed for a 12 month extension based on satisfactory supplier performance, which may take this contract through to 30 September 2022; and

3. That Bracourt Pty Ltd t/a Redpoint be awarded this contract as the Single Source supplier for Category 2 – Supply and Delivery of Oils and Lubricants for the period 1 October 2019 to 30 September 2021;

4. That a provision be allowed for a 12 month extension based on satisfactory supplier performance, which may take this contract through to 30 September 2022.

Moved: Cr S Low AM, Seconded: Cr G Riley. Carried.

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4. WORKS PROGRESS REPORT

FILE NO: EF08/208

ANNEXURES: ‘A’ Major Works to continue or commence in the next 3 months

AUTHOR: Nigel Atkins


Public Infrastructure & Services

DELIVERY PROGRAM: 8. Council Programs and Activities Supporting Public

Infrastructure and Services

OFFICERS RECOMMENDATION: That the report be received and the information noted. Precis: Reporting on construction and maintenance works undertaken in August 2019.

******

RESOLUTION 38182

That the report be received and the information noted. Moved: Cr R Booth, Seconded: Cr J Connors.

Carried.

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CORPORATE & CUSTOMER SERVICES DEPARTMENT

1. STATEMENT OF INVESTMENTS

FILE NO: EF08/220

ANNEXURES: ‘A’ Statement of Investments

AUTHOR: Executive Manager Corporate & Customer Services


Council Governance & Finance - Council undertakes prudent financial management to ensure its long-term viability

DELIVERY PROGRAM: 5.4 Finance – Investments

OFFICERS RECOMMENDATION: The report be received and the information noted. Precis: 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.

********** RESOLUTION 38183

The report be received and the information noted. Moved: Cr G Riley, Seconded: Cr D Rayward.

Carried.

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2. WORKS COST STATEMENT

FILE NO: EF08/221

ANNEXURES: A Works Cost Statement

AUTHOR: Senior Finance Officer


Council Governance & Finance - Council undertakes prudent financial management to ensure its long-term viability.

DELIVERY PROGRAM: 5.1.1 Continue to provide monthly works cost statement to Council.

OFFICERS RECOMMENDATION: The report be received and the information noted. Precis: 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.

******** RESOLUTION 38184

The report be received and the information noted. Moved: Cr G Riley, Seconded: Cr J Lyon.

Carried.

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3. COUNCILLORS TRAVELLING & OTHER EXPENSES

FILE NO: EF08/222

ANNEXURES: Nil

AUTHOR: Executive Manager Corporate & Customer Services


Council Governance & Finance - Councillors are responsive, accessible and actively involved within local communities

DELIVERY PROGRAM: 1.1 Councillor representation

OFFICERS RECOMMENDATION:

The report be received and information noted.

Precis:

Report on Councillors travelling for Councillors information.

********** RESOLUTION 38185

The report be received and information noted. Moved: Cr G Riley, Seconded: Cr R Booth.

Carried.

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GENERAL MANAGERS REPORTS

1. AUDIT, RISK AND IMPROVEMENT COMMITTEE

FILE NO: EF07/39

ANNEXURES: Nil



Dungog Shire Council Governance & Finance

DELIVERY PROGRAM: 10. Other Council Programs and Activities Supporting Council Governance and Finance

OFFICERS RECOMMENDATION: 1. That the report be received and noted; 2. That the Mayor request that the requirement for Audit, Risk and Improvement Committees be placed on a forthcoming Hunter Joint Organisation meeting agenda to determine opportunities for Committee sharing in the Hunter region. Precis: This report provides information to Council regarding the NSW Local Government Amendment (Governance and Planning) Act 2018 Part 4a requirement for Council to appoint an Audit, Risk and Improvement Committee (ARIC). All NSW Councils are required to appoint an ARIC by March 2021 at the latest. Councils can share ARICs.

****** MOTION 38186

1. That the report be received and noted; 2. That the Mayor request that the requirement for Audit, Risk and Improvement Committees be placed on a forthcoming Hunter Joint Organisation meeting agenda to determine opportunities for Committee sharing in the Hunter region. Moved: Cr G Riley, Seconded: Cr D Rayward.

Carried.

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OFFICERS RECOMMENDATION: THAT: 1. Pursuant to Section 3.34 of the EP&A Act 1979, Council support the draft planning

proposal in respect of 38 Woerdens Road, Clarence Town (Lot 197 DP 752497) being forwarded to the Department of Planning, Industry and Environment for a Gateway Determination

2. The referral to the Department be subject to provisos in relation to required strategic

planning work that were outlined in this report.

Precis: This report considers the merit of a draft planning proposal to amend the Dungog Local Environmental Plan 2014 for the purpose of Residential Development. The intent of the draft planning proposal is to rezone land from RU1 Primary Production to a mix of R5 Large Lot Residential and E3 Environmental Management. **********

2. PLANNING PROPOSAL – AMENDMENT TO DUNGOG LOCAL ENVIRONMENTAL PLAN 2014 – ADDITIONAL PERMITTED USES

FILE NO: RA171/82/46

ANNEXURES: Nil

AUTHOR: Strategic Planner

APPLICANT: Perception Planning Pty Ltd

OWNER: Multiple land Owners

PROPOSAL: Proposed amendments to the Dungog LEP 2014 – rezoning of land from RU1 Primary Production to R5 Large Lot Residential & E3 Environmental Management

LOCATION: 38 Woerdens Road, Clarence Town

ZONE: RU1 Primary Production

Page 26


AMENDMENT

38187 THAT: 1. Pursuant to Section 3.34 of the EP&A Act 1979, Council support the draft

planning proposal in respect of 38 Woerdens Road, Clarence Town (Lot 197 DP 752497) being forwarded to the Department of Planning, Industry and Environment for a Gateway Determination

2. The referral to the Department be subject to provisos in relation to

required strategic planning work that were outlined in this report. 3. Council invite the proponent to submit a scope of intended works to expedite the strategic investigation. Moved: Cr D Rayward, Seconded: Cr S Low AM.

Carried.


For: Crs Rayward, Connors, Riley, Booth, Murphy, Low. Against: Crs Norman, Lyon.

Page 27


3. RESOLUTIONS TRACKING REPORT 2019

FILE NO: EF19/33

ANNEXURES: A 2019 Council Resolutions


OFFICERS RECOMMENDATION: That the report be received and the information noted. Precis: The purpose of this report is to provide Council with a regular update on the implementation of Council resolutions.

******** RESOLUTION

38188 That the report be received and the information noted. Moved Cr G Riley, Seconded Cr K Murphy.

Carried.

Page 28


4. NSW OFFICE OF LOCAL GOVERNMENT CIRCULARS

FILE NO: EF08/142

ANNEXURES: Nil


OFFICERS RECOMMENDATION: That the report be received and the information noted. Precis: Providing a summary of circulars that have been released by the NSW Office of Local Government.

******** RESOLUTION

38189 That the report be received and the information noted. Moved: Cr G Riley, Seconded: Cr K Murphy.

Carried.

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5. CLOSED COUNCIL

FILE NO: N/A

ANNEXURES: Nil



Council Governance & Finance – Decision-making processes are open, transparent and inclusive

DELIVERY PROGRAM: 2.1 Governance - Meetings

RECOMMENDATION: 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 section 10A (2) as outlined above.

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

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

Precis: Report referring matters to Closed Council.

******** RESOLUTION

38190 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 section 10A (2) as outlined above.

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

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

Moved: Cr G Riley, Seconded: Cr K Murphy.

Carried.

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RECOMMENDATION

That:

1. An open tender be called for the provision of Rural Lands Strategy development consultancy services

2. Expressions of interest be called in community membership of the Rural Lands Strategy Steering Committee

3. Two (2) Councillors be nominated to the Steering Committee

4. An update report on the tender and Steering Committee processes be provided to a future meeting of Council.

Precis:

The purpose of this report is to seek approval of the release of an open tender for the provision of Rural Lands Strategy development consultancy services and the concurrent establishment of a Rural Lands Strategy Steering Committee. *********** AMENDMENT

6. RURAL LANDS STRATEGY

FILE NO: EF08/172

ATTACHMENT: 1. Rural Lands Strategy Brief

ANNEXURES:

A. Steering Committee Timeframes Chart

B. Steering Committee Membership Overview

C. EOI Membership Form

D. Committee Membership Evaluation Sheet

AUTHOR: General Manager


Rural and Urban Development

DELIVERY PROGRAM Strategy 2: Maintain a long term planning approach that caters for diversity and choice in rural and village living.

38191 That:

1. An open tender be called for the provision of Rural Lands Strategy development consultancy services

2. Expressions of interest be called in community membership of the Rural Lands Strategy Steering Committee

3. Councillors G Riley and J Lyon be nominated to the Steering Committee

4. An update report on the tender and Steering Committee processes be provided to a future meeting of Council.

5. The General Manager be provided with a delegation that allows for editorial changes to the brief as required.

Moved Cr S Low AM, Seconded Cr G Riley. Carried.

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REPORTS FROM COMMITTEES AND OUTSIDE ORGANISATIONS

1. COUNCIL’S MANAGEMENT COMMITTEE MEETING MINUTES

FILE NO: N/A

ANNEXURES: A Management Committee Meeting Minutes


OFFICERS RECOMMENDATION: That the minutes of the Management Committee Meeting be received and noted. Precis: Reporting on Minutes of Council Management Committee Meetings provided to Council.

******** RESOLUTION 38192 That the minutes of the Management Committee Meeting be received and

noted. Moved: Cr R Booth, Seconded: Cr K Murphy.

Carried.

BUSINESS OF AN URGENT NATURE Nil

QUESTIONS WITH NOTICE Nil

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CLOSED COUNCIL MOTION

38193

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.

Moved Cr G Riley, Seconded: Cr J Connors. Carried.

Council closed its meeting at 7.54 pm. The public and media left the Chambers.

MOTION

38194

That Council resume the Order of Council business. Moved Cr S Low AM, Seconded: Cr G Riley.

Carried. The Order of Council business resumed at 8.26 pm.

Page 33


The following resolutions of Council while the meeting was closed to the public were read to the meeting.

GENERAL MANAGER

1. PLANNING DEPARTMENT REVIEW

FILE NO: EF18/74

ANNEXURES: Nil



Council Governance and Finance

DELIVERY PROGRAM:

Strategy 6: Review of Council’s Workforce Management Plan to ensure Council has the right employees, with the right skills, to deliver the services required by the community, both now and in the future in accordance with the Dungog Shire Council Delivery Program 2018-2022.

Road OFFICERS RECOMMENDATION: THAT:

1. That the report be received and noted; 2. Council endorse the proposed conversion of the 12 month contract Planning position

to a full time Development Officer, this position has a current budget allocation in the 2019/2020.

3. Council approve the creation of a Development Compliance Officer position and note

the on going budget implications for the Planning Department;

4. Council note that the Development Compliance officer position creates an unbudgeted deficit of $80,000 plus on costs for the 2019/2020 financial year.

5. The proposed staff structure be included in forward budget deliberations.

Precis: Reporting Planning Departmental review and a subsequent improvement proposal.

**********

Page 34


AMENDMENT THAT:

1. That the report be received and noted; 2. Council endorse the proposed conversion of the 12 month contract

Planning position to a full time Development Officer, this position has a current budget allocation in the 2019/2020.

3. The proposed staff structure be included in forward budget

deliberations. Moved: Cr J Connors, Seconded: Cr S Low AM.

Defeated. The Mayor called for a Division. The Division resulted in 2 for 6 against as follows:

For: Crs: Connors, Low. Against: Crs Norman, Lyon, Rayward, Riley, Booth, Murphy.

MOTION 38195 THAT:

1. That the report be received and noted; 2. Council endorse the proposed conversion of the 12 month contract

Planning position to a full time Development Officer, this position has a current budget allocation in the 2019/2020.

3. Council approve the creation of a Development Compliance Officer

position and note the ongoing budget implications for the Planning Department;

4. Council note that the Development Compliance officer position creates

an unbudgeted deficit of $80,000 plus on costs for the 2019/2020 financial year.

5. The proposed staff structure be included in forward budget

deliberations. Moved: Cr T Norman, Seconded: Cr D Rayward.

Carried. The Mayor called for a Division. The Division resulted in 6 for 2 against as follows:

For: Crs: Norman, Lyon, Rayward, Riley, Booth, Murphy Against: Crs Connors, Low.

Page 35


There being no further business the meeting terminated at 8.27 pm. Confirmed: ................................................

Mayor

Date: ….....................................................

Confirmed: …............................................. General Manager

Date: ........................................................

Documents

ORDINARY MEETING MINUTES 18 SEPTEMBER 2019 · Page 4 Dungog Shire Council Ordinary Meeting Minutes 18 September 2019 Meeting commenced at 6.00 pm. PRESENT: Councillors T Norman, D