dungog shire council › sites › dungog › files › public › ...this is page number 3 of the...

DUNGOG SHIRE COUNCIL

Minutes of the Ordinary Meeting

15 March 2016

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 15 March 2016 commencing 6.00pm.

TABLE OF CONTENTS

REPORTS BY DEPARTMENT REQUIRING COUNCIL DECISION MANAGER – PLANNING

1. Perception Planning Pty Ltd – Development Application 114/2015 2. P Gogarty – Development Application 152/2014 3. Hunter Regional Plan MANAGER – ENVIRONMENTAL SERVICES 1. Pesticides Notification Plan EXECUTIVE MANAGER – INFRASTRUCTURE & ASSETS 1. Regional Procurement Tender for the Supply, Delivery & Placement of Road Pavement Stabilising – T241516HUN EXECUTIVE MANAGER – CORPORATE SERVICES 1. Loan Borrowings GENERAL MANAGER

1. Merger Proposal 2. Minister for Local Government & Minister for Women REPORTS FROM COMMITTEES AND OUTSIDE ORGANISATIONS 1. Council’s Management Committee Meeting Minutes REPORTS FOR INFORMATION ONLY

1. Development Applications – Delegated Authority 2. Local Weeds Advisory Committee 3. Fixing Country Roads Application 4. Proposal for the Design of a New Bridge Structure Over the North Coast Rail Line on Dungog Road near Martins Creek 5. Works Progress Report 6. Statement of Investments 7. Works Cost Statement 8. Councillors Travelling & Other Expenses 9. Australian Local Government Association 10. Delivery Program – Six Monthly Report CONFIDENTIAL SECTION MANAGER – ENVIRONMENTAL SERVICES 1. Awarding of Tender for Dungog Flood Risk Management Study and Plan 2. Voluntary Acquisition of Flood Affected Properties in Dowling Street Dungog EXECUTIVE MANAGER – INFRASTRUCTURE & ASSETS 1. Shellbrook Creek Road, Rushy Gully, Allyn River Road & Webbers Creek Road Bridge Replacement – Tender 01/2016 2. Crushing and Screening of Roadbase Material at Clarence Town Extraction Site - Tender 02/2016

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 15 March 2016 commencing 6.00pm.

EXECUTIVE MANAGER – CORPORATE SERVICES 1. Alison Court GENERAL MANAGER 1. Alison Court COMPLIMENTS

This is page number 2 of the Minutes of the Ordinary Meeting of the Council of the Shire of Dungog, held Tuesday 15 March 2016

MINUTES OF THE ORDINARY MEETING OF DUNGOG SHIRE COUNCIL HELD AT DUNGOG SHIRE COUNCIL CHAMBERS ON 15 MARCH 2016 COMMENCING AT 6.00 PM. PRESENT: Mayor H F Johnston and Councillors R A Booth, L M Bowden, N F Knudsen, N B Bale, S B Farrow, A G McKenzie, T Norman and G D Wall.

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

APOLOGIES: Nil

LEAVE OF ABSENCE: Nil ACKNOWLEDGEMENT OF COUNTRY: Delivered by Cr Johnston.

DECLARATION OF INTERESTS: Nil

CONFIRMATION OF MINUTES:

Minute No. 37051 RESOLVED on the motion of Cr Booth and seconded by Cr Bale that the Minutes of the Ordinary Meeting of Council, held on Tuesday 16 February 2016 having been circulated amongst the members of the Council be confirmed.

MATTERS ARISING: Nil

The Prayer was delivered by a representative from the Ministers Fraternal.

The Ode was delivered by Cr Johnston.

##### Minute No. 37052

A MOTION was moved by Cr Knudsen and seconded by Cr Bowden 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 6.02 pm. Peter Gogarty – spoke in favour of recommendation of Manager Planning’s report No. 2. Kelly Peach – spoke in favour of recommendation of Manager Planning’s report No. 1 less 5 year period of consent. Dave Bore - spoke in favour of recommendation of Manager Planning’s report No. 1 less 5 year period of consent. Jeffrey Bretag - spoke in favour of recommendation of Manager Planning’s report No. 1 less 5 year period of consent Sally Corbet – spoke against the recommendation of General Managers report No. 1.


Minute No. 37053 A MOTION was moved by Cr Norman and seconded by Cr Knudsen that Council resume the Order of Council business. On being put the motion was carried. The Order of Council business resumed at 6.23 pm.

REPORTS BY DEPARTMENT REQUIRING COUNCIL DECISION

PLANNING DEPARTMENT MANAGERS REPORT

Jenny Webb 1. PERCEPTION PLANNING PTY LTD – LOT 2 DP 1171767, 338 DUNGOG ROAD, MARTINS CREEK DA 114/2015 Precis: The following report considers Development Application No 114/2015 which seeks development consent for an additional dwelling (relocatable home) to create a detached dual occupancy on Lot 2 DP 1171767, No 338 Dungog Road, Martins Creek.

******** Minute No. 37054

RESOLVED on the motion of Cr Bowden and seconded by Cr Knudsen that the proposed dual occupancy (detached) be approved subject to the following conditions: Prescribed Conditions (a) The work must be carried out in accordance with the requirements of the Building Code

of Australia. (b) 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.

(c) 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.

(d) 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.

(e) If the development involves an excavation that extends below the level of the base of

the footings of a building on adjoining land, the person having the benefit of the development consent must, at the

a. protect and support the adjoining premises from possible damage from

excavation, and b. where necessary, underpin the adjoining premises to prevent any such

damage.

This does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.

(f) If the development requires a BASIX certificate, fulfilment of the commitments listed in

each relevant BASIX certificate. General 1. This development consent incorporates plans/and or documents referenced and stamped:

(a) Plans Reference:

Name of Plan Issue Drawing No. Date

Site Plan - - - Elevations - - September 2015 Floor Plan - - September 2015

(b) Document Reference:

Document Reference Author Date Statement of

Environmental Effects

15 09 21_SoEE_v2

Perception Planning

27 September 2015

Wastewater Management Plan

Revised Report_1536_002

Whiteheads & Associates

11 September 2015

Bushfire Threat Assessment

Final for DA Firebird ecoSultants Pty

Ltd

15 September 2015

Environmental Noise Assessment

J0223-02-R1 Bridges Acoustics 13 September 2015

BASIX Certificate 669955S Jeffrey Bretag 27 September 2015


2. Consent for the purpose of a dual occupancy (detached) is granted for a period of 5 years only and accordingly must cease at the expiration of five (5) years from the date of the commencement of the approved use and the relocatable dwelling either removed from the site or rendered uninhabitable to the satisfaction of Council. Council must be informed in writing at the time of the commencement of the use, otherwise it will be determined that the approved use was commenced at the determination date of this consent. Any extension of the approved use beyond 5 years will require the prior submission and approval of an application under Section 96 of the Environmental Planning and Assessment Act, 1979.

3. The relocatable dwelling on the subject land is to be only occupied by persons with a direct family link to the current lot owners and not let for commercial gain as a separate domicile.

4. The colour and texture of the external are to be in accordance with the approved plans. In this regard, non-reflective materials shall be used in all external finishes.

5. All fees and other Contributions will need to be adjusted in accordance with Council’s Fees

and Charges applicable at the time of payment.

6. Roof water from the dwelling shall be conducted to the water storage tank in accordance with the BASIX requirements. Any additional roof water and overflow from the water storage tank shall be connected to rubble stormwater absorption pit, having a cross sectional area of 600mm x 600mm and being one (1) metre long for every 25m² of roof area. Trenches to be located a minimum three (3) metres clear of any building or lot boundary. All roof water drainage works shall be undertaken in accordance with the Building Code of Australia (BCA) Part 3.5.2

7. The property access is to provide safe access to/from the public road system for

firefighters 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. 8. Landscaping on the site is to comply with the principles of Appendix 5 of Planning for Bush

Fire Protection 2006. 9. Construction should comply with AS3959-2009 ‘Construction of Buildings in Bushfire

prone areas;

Northern elevation - Bushfire Attack Level 12.5 Southern elevation - Bushfire Attack Level 19 Eastern elevation - Bushfire Attack Level 19 Western elevation - Bushfire Attack Level 12.5

10. At the commencement of works, the property around the building shall be managed as

follows:

Asset Protection Zone of 57 metres to the north and west; and Asset Protection Zone of 47 metres to the south and east comprising a 37

metre inner protection area and a 10 metre outer protection area,

as outlined in section 4.1.3 and Appendix 5 of Planning for Bush Fire Protection 2006 and the NSW Rural Fire Service's publication 'Standards for Asset Protection Zones'.


11. 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.

12. 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. 13. The making good to the satisfaction of Council, or 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.

Prior to Commencement of Works 14. 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. For any such works, detailed engineering design plans must be submitted to Council for approval prior to issue of the Construction Certificate.

15. The developer shall arrange for detailed engineering design plans to be submitted to

Council for approval for a sealed entrance to the property complying with the requirements of the Council Drawing Number SD0015 titles “Private Entrance – Rural Bitumen Road – July 2000”. The entrance shall be constructed so as not to impede the flow of water in any table drain.

Prior to the Release of the Local Government Act Section 68 Approval 16. An application under Section 68 of the Local Government Act 1993 to install a

manufactured home, moveable dwelling or associated structure on the site is to be submitted to and approved by Council prior to the commencement of works.

17. Prior to the release of the Section 68 approval under the Local Government Act 1993 for

the relocatable home and/or associated structure a design certificate issued by a practicing structural engineer is to be supplied to council. The certificate issued under this clause:

(a) must indicate that the relocatable home or associated structure complies with the standards, codes and specifications with which it is, by this Regulation or by the Ministerial specifications, required to comply. The certification shall list the reference documents by name, and

(b) must include specifications as to the manner in which the relocatable home or

associated structure must be transported and installed and the required footing system and soil classification required for the structure/s.

18. The relocatable home must be designed to resist loads as determined in accordance with

the following design codes, as appropriate:

(a) AS/NZS 1170.1:2002, Structural design actions Part 1: Permanent, imposed and other actions, as in force on 1 September 2005,

(b) AS/NZS 1170.2:2002, Structural design actions Part 2: Wind actions, as in force

on 1 September 2005, or AS 4055—1992 Wind loads for housing, as in force on 1 September 2005 (except that the design gust wind speed for the area where the manufactured home or associated structure is located is not to be taken to be less than 41 metres per second),

(c) AS 1170.3—1990, Minimum design loads on structures Part 3: Snow loads, as

in force on 1 September 2005,


Prior to the release of the Local Government Act, Section 68 Approval certification shall be supplied to council from a practicing structural engineer verifying compliance with the above requirements.

19. An application to install an Aerated Waste Water Treatment System (AWTS) with subsurface irrigation as per Whitehead and Associates Waste Water management Plan (ref 1536 002) shall be submitted to Council’s Environmental Services Department for approval.

20. Prior to the release of a Section 68 approval a detailed schedule of construction

materials/systems demonstrating compliance with Australian Standard 3959 – 2009 ‘Construction of buildings in bushfire prone areas’ for Bushfire Attack (BAL) Level 19 on the southern and eastern elevations and BAL–12.5 on the northern and western elevations shall be submitted to Council.

21. Payment of a cash contribution to Council in accordance with the provisions of Dungog

Section 94 Contributions Plan 2004 adopted 29 September 2004 and amended September 2015.

The following contributions, which are subject to quarterly adjustment, are to be paid prior to the issue of Section 68 approval.

Martins Creek Catchment

Sports Fields $3,817.66 Parklands $211.72 Swimming Pool $1,020.41 Indoor Sports Facility $1,072.67 Local Community Centre $329.64 District Community Centre $228.47 Youth Venue $186.26 Arts & Craft Centre $60.97 Aged Facility $171.52 Library $492.45 Pre-School $652.58 Rural Sub-Arterial Roads upgrades $669.33 Rural Local Roads and intersection upgrades $2,558.73 Traffic Management $0.00 Bikeway Facilities $690.77 Fire Services $1,105.50 Section 94 Management $778.54 Administration $550.74 Total $14,597.96

Advice: Copies of the Contributions Plan are available for inspection and purchase at Council’s Administration Building, Dungog. The applicant and must contact Council prior to the payment to determine the current rate of contribution, as the rates are revised quarterly. Staging of payments is permitted if staging of development is approved by the terms of this consent.

During Construction 22. 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.


23. A waste containment facility to Council's requirements is to be provided on the site prior to commencement of works and is to be regularly serviced.

a. Council and the Environmental Protection Authority may issue "on the spot" fines if

breaches of the Environmental Offences and Penalties Act, are detected.

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

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

other pollutants onto any road. 25. 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 a $750 on-the-spot fine.

26. 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.

27. Construction works must not unreasonably interfere with the amenity of the

neighbourhood. In particular construction noise, when audible on adjoining residential premises can only occur:

a. Monday to Friday, 7.00 am to 6.00 pm. b. Saturday, from 8.00 am to 1.00 pm.

28. The effluent disposal area is to be located as indicated on the site plan in Appendix A,

Figure 2 from Whitehead and Associates Waste Water Management Plan (ref 1536 002). Prior to Occupation or Use 29. The building shall not be used or occupied until completed and conditions of consent have

been complied with and a final inspection has been undertaken by Council.


30. Prior to occupation or use of the structure for residential purposes, the on-site sewage management system is to be installed in accordance with its approval, with a satisfactory final inspection to be undertaken by Council.

31. The existing septic tank is to be decommissioned in accordance with Council policy.

32. Prior to occupation or use of the relocatable dwelling, certification is to be provided from an appropriately qualified and experienced consultant, confirming that the internal noise levels comply with the requirements of clause 87 of State Environmental Planning Policy (Infrastructure) 2007, being:

a) in any bedroom in the building—35 dB(A) at any time between 10.00 pm and 7.00 am,

b) anywhere else in the building (other than a garage, kitchen, bathroom or hallway)—40 dB(A) at any time.

The Mayor in accordance with Section 375A of the Local Government Act called for a Division. The Division resulted in 9 for 0 against as follows:

For: Crs Johnston, Bale, Norman, McKenzie, Farrow, Knudsen, Booth, Wall, Bowden.

Kristy Cousins 2. P GOGARTY – LOT 33 DP 634949, 189 LENNOXTON ROAD, VACY DA 152/2014 Précis: A Section 96(1A) modification of consent to Development Application (DA) No. 152/2014 seeks approval to modify a condition of consent relating to the provision of electricity to the two lot subdivision.

********** Minute No. 37055

RESOLVED on the motion of Cr Knudsen and seconded by Cr Norman that: 1. Council staff undertake a review of Council Policy C3:17 – Provision of Electricity Supply

to Rural Area’s to determine Council’s current position. 2. Consent be granted to the Section 96 Application for DA 152/2014 subject to the following

amendments:

a) Amend Condition No 9 as follows: 9. Proposed Lot 330 - Suitable arrangements being made with an energy provider to ensure that:-

(a) electricity will be available to the allotment created by the subdivision; (b) that any transmission lines or other assets of an energy provider on private land be

“protected” by an easement; and (c) where development requires the relocation of transmission lines or other assets, the

applicant is required to make satisfactory arrangements with an energy provider for such relocation to be carried out.

Advice: An energy provider is responsible for the supply of electricity to this land. The applicant must contact an energy provider on all matters concerning electricity supply.


A letter from an energy provider stating that satisfactory arrangements have been made for the supply of electricity to the allotment is to be submitted to Council, and accepted, prior to the release of the linen plan of subdivision.

9A Proposed Lot 331 - Suitable arrangements being made with an energy provider to ensure that:-

(a) electricity will be available to the allotment created by the subdivision;

(b) that any transmission lines or other assets of an energy provider on private land be “protected” by an easement; and

(c) where development requires the relocation of transmission lines or other assets, the applicant is required to make satisfactory arrangements with an energy provider for such relocation to be carried out.

Advice: An energy provider is responsible for the supply of electricity to this land. The applicant must contact an energy provider on all matters concerning electricity supply.

A letter from an energy provider stating that satisfactory arrangements have been made for the supply of electricity to the allotment is to be submitted to Council, and accepted, prior to the release of the linen plan of subdivision.

OR 9A(i)The registration of a Section 88b Instrument against the title of proposed Lot 331:

- Creating any easements required to supply proposed Lot 331 with reticulated power; and

- Advising that the allotment is not serviced with reticulated power.

Dungog Council shall be the nominated authority empowered to release, vary or modify this Restriction.

9A(ii) The developer shall arrange for the preparation and payment of an alternative power supply bond for Proposed Lot 331. A bank guarantee or cash bond equivalent to the value of the whole works required to install the reticulated power supply system shall be lodged with Dungog Council. This bond shall be held by Dungog Council until the allotment is connected to power or an alternative power supply has been installed. The Mayor in accordance with Section 375A of the Local Government Act called for a Division. The Division resulted in 9 for 0 against as follows:

For: Crs Johnston, Bale, Norman, McKenzie, Farrow, Knudsen, Booth, Wall, Bowden.

Jenny Webb 3. HUNTER REGIONAL PLAN EF08/172 Precis: The NSW Department of Planning and Environment has released the draft Hunter Regional Plan for public comment.

********* Minute No. 37056

RESOLVED on the motion of Cr Wall and seconded by Cr McKenzie that Council endorse the submission to NSW Planning and Environment in relation to the draft Hunter Regional Plan.


ENVIRONMENTAL SERVICES DEPARTMENT MANAGERS REPORT

Paul Minett 1. PESTICIDES USE NOTIFICATION PLAN

EF09/52

Precis: The purpose of this report is to seek adoption of the Draft Pesticides Use Notification Plan.

********* Minute No. 37057

RESOLVED on the motion of Cr Bowden and seconded by Cr McKenzie that the Draft Pesticides Use Notification Plan provided be adopted.

INFRASTRUCTURE & ASSETS DEPARTMENT EXECUTIVE MANAGERS REPORT

Steve Hitchens 1. REGIONAL PROCUREMENT TENDER FOR THE SUPPLY, DELIVERY AND

PLACEMENT OF ROAD PAVEMENT STABILISING – T241516HUN EF08/290 Precis: Reporting on the Tender undertaken by Regional Procurement for the Supply, Delivery and Placement of Road Pavement Stabilising - Tender T241516HUN.

********** Minute No. 37058

RESOLVED on the motion of Cr McKenzie and seconded by Cr Knudsen that: 1. The tenderers listed below for Tender T241516HUN be appointed as panel source

suppliers to Dungog Shire Council for the period 01 January 2016 to 31 December 2018 a. Accurate Asphalt and Road Repairs Pty Ltd b. Downer EDI Pty Ltd; and c. Stabilised Pavements of Australia Pty Ltd.

2. A provision is allowed for a 12 month extension based on satisfactory supplier

performance which may take this tender through to 31 December 2019.


CORPORATE SERVICES DEPARTMENT EXECUTIVE MANAGERS REPORT

Cheryl Hyde 1. LOAN BORROWINGS EF08/585 Précis: Seeking Council approval to proceed with specific loan borrowing.

*********** Minute No. 37059

RESOLVED on the motion of Cr Knudsen and seconded by Cr Bowden that: 1. Council staff negotiate with respective financiers and accept the most advantageous

offer provided to Council.

2. Council raise one interest and principal repayment loan facility for a maximum period of fifteen (15) years.

3. The General Manager be authorised to complete and affix the Common Seal of Council to the relevant loan documentation.

GENERAL MANAGER

Craig Deasey 1. MERGER PROPOSAL EF16/21 Precis: Reporting on an alternate merger proposal being Dungog – Maitland.

*********** Minute No. 37060

A MOTION was moved by Cr Johnston and seconded by Cr Booth that Council: 1. Recognises the NSW Government’s Fit for the Future criteria and that for Council to

achieve such the Council would be dependent upon a significant special rate variation and continued Government financial support to maintain a “stand alone” status in the longer term.

2. In the event that the NSW Government forces Dungog Shire Council to amalgamate with a neighbouring Council, the Council requests:

a. to be part of the transition to the new entity so as to ensure that the values of the Dungog Shire community are preserved and not diluted by facilitating the involvement of this Council in the formation and shaping of a new Council to ensure that a merger was in the best interests of the Dungog Shire community.

b. that the four year rate moratorium be removed to lessen the longer term financial implications to the new entity and to enable equity to be achieved within the future rating structure for the broader community.

The Mayor called for a Division. The Division resulted in 7 for 2 against as follows:

For: Crs Johnston, Bale, Norman, McKenzie, Farrow, Bowden, Booth. Against: Crs Wall, Knudsen.


Craig Deasey 2. MINISTER FOR LOCAL GOVERNMENT & MINISTER FOR WOMEN

EF09/51

Precis: Reporting on the Ministers announcements in relation to the Annual Women in Local Government Awards.

********** Minute No. 37061

RESOLVED on the motion of Cr McKenzie and seconded by Cr Booth that Council recognise the efforts of Cheryl Hyde in being awarded the Minister for Local Government 2016 Women in Local Government Non Senior Staff Member Rural-Regional NSW 2016 Award.

Craig Deasey 3. CLOSED COUNCIL Précis: Report referring matters to Closed Council.

********** Minute No. 37062

RESOLVED on the motion of Cr Knudsen and seconded by Cr Bale 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.

REPORTS FROM COMMITTEES AND OUTSIDE ORGANISATIONS

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

********** Minute No. 37063

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

QUESTIONS ON NOTICE Nil


COUNCILLOR REPORTS Nil

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 months of January and February 2016.

****** Minute No. 37064

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

Paul Minett 2. LOCAL WEEDS ADVISORY COMMITTEE EF11/1 Précis: This report is to provide the minutes of the Dungog Shire Council Weeds Advisory Committee meeting of 24th February 2016.

********** Minute No. 37065

RESOLVED on the motion of Cr Bowden and seconded by Cr Knudsen that the report be received and the information noted. Manager Planning left the Chambers at 7.43pm.

Steve Hitchens 3. FIXING COUNTRY ROADS APPLICATION EF14/77 Precis: Providing Council with information regarding the Fixing Country Roads Programme Round 2 through Transport for NSW.

********** Minute No. 37066

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


Steve Hitchens 4. PROPOSAL FOR THE DESIGN OF A NEW BRIDGE STRUCTURE OVER THE

NORTH COAST RAIL LINE ON DUNGOG ROAD NEAR MARTINS CREEK EF15/95 Precis: Providing Council with information as regards to a proposal for the design of a new bridge structure to replace the existing timber bridge over the North Coast Rail Line on Dungog Road near Martins Creek.

********** Minute No. 37067

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

Nigel Atkins 5. WORKS PROGRESS REPORT EF08/208 Précis: Reporting on construction and maintenance works undertaken in February 2016

********** Minute No. 37068

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

Shaun Chandler 6. 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. 37069

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

Cheryl Hyde 7. 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 ground cost centres.

*********** Minute No. 37070

RESOLVED on the motion of Cr Wall and seconded by Cr Bowden that the Works Cost Statement for the period ending 29 February 2016 be received and noted.


Shaun Chandler 8. COUNCILLORS TRAVELLING & OTHER EXPENSES

EF08/222

Précis: Report on Councillors travelling for Councillors information.

********** Minute No. 37071

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

Craig Deasey 9. AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION

EF09/1

Précis: Reporting on recent correspondence received from the Australian Local Government Association.

*********** Minute No. 37072

RESOLVED on the motion of Cr Wall and seconded by Cr Knudsen that: 1. The report be received and the information be noted.

2. Any proposed Councillor motions be submitted to Council for inclusion in the April

business papers no later than 8 April 2016.

Craig Deasey 10. DELIVERY PROGRAM – SIX MONTHLY REPORT EF09/142 Precis: Reporting on the progress of implementation of the Councils Delivery Program.

******** Minute No. 37073

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

BUSINESS OF AN URGENT NATURE Nil


CLOSED COUNCIL

Minute No. 37074 RESOLVED on the motion of Cr Knudsen and seconded by Cr Bowden 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 7.55 pm. The public and media left the Chambers.

Minute No. 37081 RESOLVED on the motion of Cr Knudsen and seconded by Cr Booth that Council move out of Closed Council and into Open Council.

On being put the motion was carried. Open Council resumed at 8.12 pm.

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

ENVIRONMENTAL SERVICES DEPARTMENT MANAGERS REPORT

Paul Minett 1. AWARDING OF TENDER FOR DUNGOG FLOOD RISK MANAGEMENT STUDY AND PLAN EF16/17 Precis: The purpose of this report is to seek resolution regarding the acceptance of a tender for the Dungog Flood Risk Management Study and Plan and to subsequently enter into an agreement with the successful consultant.

********* Minute No. 37075

RESOLVED on the motion of Cr McKenzie and seconded by Cr Bale that: 1. The tender submitted by Royal Haskoning for the Dungog Flood Risk Management Study and Plan be accepted. 2. A consultancy agreement be entered into with Royal Haskoning for the delivery of the project.


Paul Minett 2. VOLUNTARY ACQUISITION OF FLOOD AFFECTED PROPERTIES IN DOWLING

STREET DUNGOG EF15/119

Precis: The purpose of this report is to provide information regarding the cost of voluntary acquisition of five (5) flood affected properties in Dowling Street Dungog and to seek a resolution to commence negotiations with property owners in accordance with the NSW Office of Environment and Heritage guidelines.

******** Minute No. 37076

A MOTION was moved by Cr Booth and seconded by Cr McKenzie that: 1. Council commit to following the OEH Guidelines for the Voluntary Acquisition of 300,

298, 296, 294 and 287 Dowling Street Dungog. 2. Offers be made, in the determined priority order, to the property owners for Council to

purchase their land at a value not exceeding the maximum valuation range as determined by the Registered Valuer and that if an owner is not prepared to accept the offer then an offer be made to the next priority property owner(s) at the valuation for that property.

3. Any of the lots purchased be held by Council as Operational Land. 4. The allotments be acquired following the process set out in the Just Terms

Compensation act 1991.

5. The acquisitions be funded by loan borrowings (either internal or external) paid back over an appropriate period from the Dungog Storm Water Levy Reserve funds.

6. The Common Seal of Council be affixed to all appropriate documents associated with the acquisition of properties. On being put the motion was carried.


INFRASTRUCTURE & ASSETS DEPARTMENT EXECUTIVE MANAGERS REPORT

Michelle Viola / Steve Hitchens 1. SHELLBROOK CREEK ROAD, RUSHY GULLY, ALLYN RIVER ROAD & WEBBERS

CREEK ROAD BRIDGE REPLACEMENT - TENDER 01/2016 EF15/104

Precis: This report gives the analysis of the tenders received for Tender 01/2016 for the Design and Construction of Shellbrook Creek, Rushy Gully and Webbers Creek Road Bridges.

********** Minute No. 37077

RESOLVED on the motion of Cr Wall and seconded by Cr Knudsen that Council: 1. Accept the Tender from Civil Bridge & Wharf Pty Ltd, for Tender 01/2016 for the

Design and Construction of Shellbrook Creek, Rushy Gully and Webbers Creek Road Bridges.

2. Notify all unsuccessful Tenderers of Council’s decision;

3. Displays, in a conspicuous place that is accessible to members of the public, a notice displaying the name of the successful Tenderer and the amount of said Tender.

Nigel Atkins 2. CRUSHING AND SCREENING OF ROADBASE MATERIAL AT CLARENCE TOWN

EXTRACTION SITE - TENDER 02/2016 EF16/13 Precis: Reporting on the Tender undertaken by Council for the Crushing and Screening of Roadbase Material at Clarence Town Extraction Site – Tender 02/2016

********** Minute No. 37078

RESOLVED on the motion of Cr Wall and seconded by Cr McKenzie that Council: 1. Accept the Tender from CZL Group Pty Ltd, for Crushing and Screening of Roadbase

Material at Clarence Town Extraction Site – Tender 02/2016

2. Notify all unsuccessful Tenderers of Council’s decision;

3. Display, in a conspicuous place that is accessible to members of the public, a notice displaying the name of the successful Tenderer and the amount of said Tender.


CORPORATE SERVICES DEPARTMENT EXECUTIVE MANAGERS REPORT

Shaun Chandler 1. ALISON COURT EF07/68 Precis: Report to Council on matters associated with the Alison Court unit complex.

********** Minute No. 37079

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

GENERAL MANAGER

Craig Deasey 1. ALISON COURT EF07/68 Precis: Reporting on the Alison Court situation.

********* Minute No. 37080

RESOLVED on the motion of Cr McKenzie and seconded by Cr Knudsen that: 1. The report be received and noted.

2. The rentals for the 12 units be increased to $304.00 per fortnight effective 1 July 2016. There being no further business the meeting terminated at 8.15 pm. Confirmed ................................................. Date .................................................

dungog shire council › sites › dungog › files › public › ...this is page number 3 of the...

Documents