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DUNGOG SHIRE COUNCIL ORDINARY MEETING MINUTES 15 MAY 2019

DUNGOG SHIRE COUNCIL · 2019-06-20 · Page 3 Dungog Shire Council Ordinary Meeting Minutes 15 May 2019 Meeting commenced at 6.00 pm. PRESENT: Councillors T Norman, D Rayward, J Connors,

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Page 1: DUNGOG SHIRE COUNCIL · 2019-06-20 · Page 3 Dungog Shire Council Ordinary Meeting Minutes 15 May 2019 Meeting commenced at 6.00 pm. PRESENT: Councillors T Norman, D Rayward, J Connors,

DUNGOG SHIRE COUNCIL

ORDINARY MEETING

MINUTES

15 MAY 2019

Page 2: DUNGOG SHIRE COUNCIL · 2019-06-20 · Page 3 Dungog Shire Council Ordinary Meeting Minutes 15 May 2019 Meeting commenced at 6.00 pm. PRESENT: Councillors T Norman, D Rayward, J Connors,

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Dungog Shire Council Ordinary Meeting Minutes 15 May 2019

TABLE OF CONTENTS MAYORAL MINUTE

Nil

PLANNING DEPARTMENT

1. Development Application – 178/2017 2. Development Application – 76/2018 3. Development Applications – Delegated Authority ENVIRONMENTAL SERVICES DEPARTMENT

Nil INFRASTRUCTURE & ASSETS DEPARTMENT

1. Regional Procurement Tender for the Supply & Delivery of Ready Mixed Concrete - Tender T511920HUN 2. Roads to Recovery Program – Project Allocation Review 3. Bridges Renewal Funding 4. Infrastructure & Assets Staff Resignations 5. Works Progress Report CORPORATE SERVICES DEPARTMENT

1. Quarterly Finance Report for the period ending 31 March 2019 2. Statement of Investments 3. Works Cost Statement 4. Councillors Travelling & Other Expenses GENERAL MANAGER

1. Resolutions Tracking Report 2019 2. NSW Office of Local Government Circulars 3. Closed Council COMMITTEES AND OUTSIDE ORGANISATIONS

1. Council’s Management Committee Meeting Minutes COUNCILLOR REPORTS

Nil NOTICES OF MOTION

Nil

QUESTIONS ON NOTICE

1. Pilchers Reserve Access CONFIDENTIAL SECTION

GENERAL MANAGER 1. Dungog Showground Plan of Management Consultancy COMPLIMENTS Minutes of Ordinary Meeting 17 April 2019

Page 3: DUNGOG SHIRE COUNCIL · 2019-06-20 · Page 3 Dungog Shire Council Ordinary Meeting Minutes 15 May 2019 Meeting commenced at 6.00 pm. PRESENT: Councillors T Norman, D Rayward, J Connors,

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Dungog Shire Council Ordinary Meeting Minutes 15 May 2019

Meeting commenced at 6.00 pm. PRESENT: Councillors T Norman, D Rayward, J Connors, G Riley, J Lyon, R Booth, S Low AM, G Wall 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: Nil LEAVE OF ABSENCE: Nil DECLARATION OF INTERESTS: Nil CONFIRMATION OF MINUTES: COUNCIL RESOLUTION 38035 That the minutes of the Ordinary Council Meeting held on 17 April 2019 be

confirmed. Moved Cr R Booth, Seconded Cr K Murphy.

Carried. MATTERS ARISING: Nil

The Prayer was delivered by Mayor Norman.

The Ode was delivered by Mayor Norman.

Page 4: DUNGOG SHIRE COUNCIL · 2019-06-20 · Page 3 Dungog Shire Council Ordinary Meeting Minutes 15 May 2019 Meeting commenced at 6.00 pm. PRESENT: Councillors T Norman, D Rayward, J Connors,

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Dungog Shire Council Ordinary Meeting Minutes 15 May 2019

PLANNING DEPARTMENT REPORTS

OFFICERS RECOMMENDATION: That the proposed two (2) lot subdivision at Lot 18 DP 1125795, No 26 Boulton Drive, be approved subject to the conditions listed in Annexure ‘A’: Precis: The following report considers Development Application No 4/2018 which seeks development consent to subdivide Lot 18 DP 1125795, No 26 Boulton Drive, Paterson into 2 Lots.

******** MOTION 38036 That the proposed two (2) lot subdivision at Lot 18 DP 1125795, No 26 Boulton

Drive, be approved subject to the conditions listed in Annexure ‘A’, as amended at Conditions 7 and 9. Moved Crs R Booth Seconded Cr S Low

Carried.

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: Norman, Rayward, Connors, Riley, Booth, Murphy, Lyon, Wall, Low.

1. DEVELOPMENT APPLICATION – DA4/2018, 2 LOT SUBDIVISION, 26 BOULTON DRIVE, PATERSON

FILE NO: DA4/2018

ANNEXURES:

A Draft Conditions of Consent

B Proposed Subdivision Plan

C Site Photos

AUTHOR: Senior Town Planner/Development Officer

APPLICANT: C/- Perception Planning Pty Ltd

OWNER: Mr P J Evans

PROPOSAL: 2 Lot Subdivision

LOCATION: LOT: 18 DP: 1125795, No 26 Boulton Drive, PATERSON

ZONE: R5 Large Lot Residential and E3 Environmental Management

Page 5: DUNGOG SHIRE COUNCIL · 2019-06-20 · Page 3 Dungog Shire Council Ordinary Meeting Minutes 15 May 2019 Meeting commenced at 6.00 pm. PRESENT: Councillors T Norman, D Rayward, J Connors,

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Dungog Shire Council Ordinary Meeting Minutes 15 May 2019

ANNEXURE ‘A’

Conditions of Consent

General 1. The subdivision of Lot 18 in DP 1125795, No 26 Boulton Drive, Paterson being

carried out in accordance with the following information submitted with development application 4/2018, except as modified by the conditions of this consent or amendments in red:

- Plan of proposed subdivision of Lot 18 in DP 1125795, prepared by Delfs

Lascelles dated 1/5/19, Project No 17693, Drawing No 1, Revision 4; - Statement of Environment Effects, prepared by Perception Planning dated

January 2018 Version 2 and the Additional Information Letter dated 18 December 2018.

- Bushfire Threat Assessment, prepared by Firebird ecoSultants Pty Ltd, dated November 2017;

- Wastewater Management Report, prepared by Decentralised Water Consulting, dated 1/12/2017;

- Ecological Assessment, prepared by Firebird ecoSultants Pty Ltd, dated October 2017 and Addendum Report dated 10 December 2018;

- Plan of Management, prepared by Firebird ecoSultants Pty Ltd, dated 10 December 2018.

2. A separate approval will be required for the installation of an on-site sewage

management system to be approved by council. The system is to be designed in accordance with the waste water management report prepared by Decentralised Water Consulting Ref Report (R.0158.001.00_Lot18BoultonDrPaterson_2Lotsubdivision_WMR 30/11/17).

3. The land application areas (LAA) for effluent disposal are to be located as indicated

on the site plan ref: DWG 0158-002-02 from the waste water management report prepared by Decentralised Water Consulting Ref Report R.0158.001.00_Lot18BoultonDrPaterson_2Lotsubdivision_WMR 30/11/17 )

Prior to Commencement of Works: 4. A landscape plan is to be prepared by a suitably qualified consultant, which

incorporates the following:

A minimum of 5 m of landscape planting along each side of the common lot boundaries (achieving a 10 metre landscape buffer);

The planting and retention of trees along the Boulton Drive frontage; and Provision of additional native tree planting behind the building envelopes, including

within the APZ and along the north-south sides of the new lots.

Landscaping / habitat revegetation within the site must use local endemic species characteristic of the vegetation communities present on site and be in accordance with the principles of Appendix 5 of Planning for Bush Fire Protection 2006. All landscaping is to be completed prior to the issue of a Subdivision Certificate.

Prior to Release of Subdivision Certificate 5. Application for a Subdivision Certificate is to be submitted to and approved by Council

prior to release of the final linen plan of subdivision.

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Dungog Shire Council Ordinary Meeting Minutes 15 May 2019

6. Submission of an original plan of survey by a Registered Surveyor and six (6) copies to Council for subdivision approval. Advice: The final plans must conform with the subdivision proposal shown on the plan submitted with the Development Application and incorporate Council’s requirements. Council’s fee covers the cost of providing copies of the plan of survey to relevant internal Council departments and to Government departments as required.

7. Prior to the issue of a Subdivision Certificate, the landscape plan prepared by a suitably qualified consultant, is to be submitted to Council for approval and the following landscaping/planting is to be completed in accordance with that plan: A minimum of 5 m of landscape planting along each side of the common lot

boundaries (achieving a 10 metre landscape buffer); The planting and retention of trees along the Boulton Drive frontage; and Provision of additional native tree planting behind the building envelopes,

including within the APZ and along the north-south sides of the new lots.

Landscaping/habitat revegetation within the site must use local endemic species characteristic of the vegetation communities present and be in accordance with the principles of Appendix 5 of Planning for Bush Fire Protection 2006.

8. Prior to release of the Subdivision Certificate, rural post wire/rail fencing must be installed along side and rear boundaries of the allotments as identified on the approved plan of subdivision. An instrument, created pursuant to section 88B of the Conveyancing Act, 1919, must be registered against the title of all lots within the subdivision, requiring that any subsequent/replacement fencing by individual lot owners is to be rural in nature.

9. Prior to release of the Subdivision Certificate, pursuant to section 88B of the

Conveyancing Act 1919, easements/positive covenants/restrictions as to user, with Council being nominated as the sole authority to release, vary or modify each encumbrance unless specifically noted otherwise, must be registered over each lot created by the subdivision to achieve the following purposes:

a) Prohibiting the construction of any building outside the registered building

envelope; b) Building (including roof and wall cladding) colours for any building on the lot

burdened are limited to earthy tone (for example muted greens, brown and greys) and highly reflective materials and colours may not be used.

c) All obligations and requirements contained in Plan of Management prepared by Firebird ecoSultants Pty Ltd are to be complied with and incorporated into the 88B Instrument as an attached memorandum;

d) Prohibiting the removal of any E Glaucina tree from the identified allotments; e) Effluent disposal shall be located within the nominated effluent area or an

alternative location as approved by Council which does not involve the removal of any E Glaucina.

f) Identifying the landscape corridors/buffers and requiring the registered proprietor of proposed Lots 33 and 34 to maintain these areas in perpetuity and in accordance with the approved landscape plan.

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

Section 138 of the Roads Act 1993 prior to commencement, if any works within a Council road reserve are undertaken. For any such works, detailed engineering design plans must be submitted to Council for approval.

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Dungog Shire Council Ordinary Meeting Minutes 15 May 2019

11. Suitable arrangements being made with an energy provider to ensure that:-

(a) electricity will be available to each allotment created by the subdivision when and if development is proposed on the land;

(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 in the subdivision is to be submitted to Council, and accepted, prior to the release of the subdivision certificate.

12. Suitable arrangements being made with a telecommunications carrier to ensure that:-

(a) communication will be available to each allotment created by the subdivision

when and if development is proposed on the land; (b) that any transmission lines or other assets of a telecommunications carrier 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 a telecommunications carrier for such relocation to be carried out.

Advice: For details of arrangements pertaining to the land, applicants must contact a telecommunications carrier direct.

A letter from a telecommunications carrier stating that suitable arrangements have been made is to be submitted to Council, and accepted, prior to release of the subdivision certificate.

13. Prior to issue of the Subdivision Certificate, a certificate of compliance under

Section 50 of the Hunter Water Act 1991 for this development shall be submitted to the Principal Certifying Authority.

14. The developer shall ensure that satisfactory arrangements have been made with

Council for the supply and erection of property identification numbers in accordance with Council’s Rural Addressing Program.

Advice: A payment to Council for each lot created is required for rural addressing purposes.

15. Pursuant to section 7.11 of the EP&A Act and in accordance with the Dungog Local Infrastructure Contributions Plan 2019 (adopted April 2019), a contribution of $10,100.00 shall be paid to Council.

The contribution is for the following: Open space and recreation $2,017.00

Road and traffic $7,934.00

Plan administration $149.00

The amount to be paid is to be adjusted at the time of actual payment, in accordance with the provisions in section 6.3 of the Dungog Local Infrastructure Contributions

Page 8: DUNGOG SHIRE COUNCIL · 2019-06-20 · Page 3 Dungog Shire Council Ordinary Meeting Minutes 15 May 2019 Meeting commenced at 6.00 pm. PRESENT: Councillors T Norman, D Rayward, J Connors,

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Dungog Shire Council Ordinary Meeting Minutes 15 May 2019

Plan 2019. The contribution is to be paid prior to the release of any subdivision certificate.

16. 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. 17. 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.

18. A registered surveyor shall provide certification that all services (eg drainage,

stormwater, water supply, gas, electricity, telephone) as constructed are contained within each lot, or within appropriate easements to accommodate such services. The certification is to be provided to the PCA, prior to issue of a Subdivision Certificate.

9. Certification is to be provided by a registered surveyor that proposed Lot 33 contains

all the land zoned E3 Environmental Management located within the subject site and a minimum of 8000 m² of land zoned R5 Large Lot Residential.

Advice: GPS coordinates of zoning boundaries are available from Council in accordance with the adopted Fees and Charges.

19. All fees, Section 7.11 and other Contributions will need to be adjusted in accordance with Councils Fees & Charges applicable at the time of payment.

20. A Subdivision Certificate will not be issued nor the final plan signed and released by

Council until all conditions of consent have been complied with to Council’s satisfaction.

NSW Rural Fire Service Conditions (Bush Fire Safety Authority) 21. The proposed development is to comply with the plan titled 'Plan of Proposed

Subdivision of Lot 18 DP 1125795', prepared by Delfs Lascelles, reference 17693, revision 3 dated 24 October 2018, except where modified by conditions of this Bush Fire Safety Authority.

Page 9: DUNGOG SHIRE COUNCIL · 2019-06-20 · Page 3 Dungog Shire Council Ordinary Meeting Minutes 15 May 2019 Meeting commenced at 6.00 pm. PRESENT: Councillors T Norman, D Rayward, J Connors,

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Dungog Shire Council Ordinary Meeting Minutes 15 May 2019

OFFICERS RECOMMENDATION That consent be granted to the dwelling house and ancillary shed, subject to the conditions in Annexure ‘A’.

Precis: The following report considers Development Application No. 76/2018 which seeks consent for the erection of a dwelling house and shed at 72 Boulton Drive, Paterson.

********** RESOLUTION 38037

That consent be granted to the dwelling house and ancillary shed, subject to the conditions in Annexure ‘A’.

Moved: Cr S Low, Seconded: Cr K Murphy. Carried.

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: Norman, Rayward, Connors, Riley, Booth, Murphy, Lyon, Wall, Low

2. DEVELOPMENT APPLICATION – DA76/2018 PROPOSED DWELLING, 72 BOULTON DRIVE, PATERSON

FILE NO: DA76/2018

ANNEXURES: A Conditions of Consent

B Development Plans

AUTHOR: Senior Town Planner/Development Officer

APPLICANT: Perception Planning

OWNER: Mr T P & Mrs S A McKay

PROPOSAL: Dwelling House and Ancillary Shed

LOCATION: Lot 15 DP 1125795, No 72 Boulton Drive, Paterson

ZONE: R5 large Lot Residential and E3 Environmental Management

Page 10: DUNGOG SHIRE COUNCIL · 2019-06-20 · Page 3 Dungog Shire Council Ordinary Meeting Minutes 15 May 2019 Meeting commenced at 6.00 pm. PRESENT: Councillors T Norman, D Rayward, J Connors,

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Dungog Shire Council Ordinary Meeting Minutes 15 May 2019

ANNEXURE ‘A’

Conditions of Consent 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.

5. 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 person’s expense:

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.

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Dungog Shire Council Ordinary Meeting Minutes 15 May 2019

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.

6. If the development requires a BASIX certificate, fulfilment of the commitments listed in

each relevant BASIX certificate. General and At All Times 7. The development is to be undertaken in accordance with the approved development

plans and specifications listed below except as modified by any conditions of consent or any amendments in red made to the approved plans. Amendments in red include: No zincalume to be used for external cladding.

(a) Plans:

Drawings prepared by: Ezy Homes Australia Pty Ltd Name of Plan Sheet Issue Date Locality Plan 1 06 27/4/18

Site Plan 2 06 27/4/18 Floor Plan 3 07 27/4/18

Second Floor 4 06 27/4/18 Elevations 5 06 27/4/18 Elevations 6 06 27/4/18

Drawings prepared by: TotalSpan Steel Buildings (Atec Services Pty Ltd)

Name of Plan Sheet Issue Date Floor Plan 1 - 6/3/18 Elevations 2 6/3/18 Elevations 3 6/3/18

(b) Document Reference:

Document Reference Author Date Statement of

Environmental Effects Version 3 Perception Planning 4/6/2018

Additional Information - Perception Planning 2 August 2018 Additional Information - Perception Planning 6 January 2019

Biodiversity Development Assessment Report

Lot 15 DP 1125795

Firebird ecoSultants 26 February 2019

Bushfire Assessment Report

- Jeffrey Bretag - Perception Planning

-

Landscape Plan - - -

8. The colour and texture of the external materials of the dwelling-house, shed and water tank are to be chosen to ensure they blend into the natural surroundings. In this regard, the building colours are limited to muted earthy tones and non-reflective materials (no zincalume). Roof sheeting for the dwelling is to be Colorbond “Night Sky”, with steel wall cladding to be mid-brown (not zincalume) and weatherboard to be dark/slate grey, as submitted with the development application.

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

Fees and Charges applicable at the time of payment. 10. The usage and maintenance of Lot: 15 DP: 1125795 shall at all times be in

accordance with the Section 88B attached to the title on the subject land. 11. At the commencement of building works and in perpetuity the property around the

dwelling shall be managed as follows:

North for a distance of 25 metres as an Inner Protection Area;

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East for a distance of 25 metres as an Inner Protection Area; South for a distance of 61 metres as an Inner Protection Area; and West for a distance of 25 metres as an Inner Protection Area

Requirements for an Inner Protection Area are outlined within section 4.1.3 and

appendix 5 of ‘Planning for Bush Fire Protection 2006’ (PBP) and the NSW Rural Fire Service's document ‘Standards for asset protection zones’.

12. At the commencement of building works and in perpetuity the property around the

shed shall be managed to a distance of 10 metres as an inner protection area (IPA) 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’.

13. In recognition that no reticulated water supply is available for firefighting, a total of

20,000 litres firefighting water supply shall be provided for firefighting purposes. The firefighting water supply shall be installed and maintained in the following manner:

a) Firefighting water supply is to be provided by a tank that shall be located not less than 5 metres and not more than 20 metres from the approved structure.

b) A hardened ground surface for firefighting truck access is to be constructed up to and within 4 metres of the firefighting water supply.

c) New above ground firefighting water supply storage’s are to be manufactured using non-combustible material (concrete, metal, etc). Where existing firefighting water supply storage’s are constructed of combustible (polycarbonate, plastic, fibreglass, etc) materials, they shall be shielded from the impact of radiant heat and direct flame contact.

d) Non-combustible materials (concrete, metal, etc) will only be used to elevate or raise firefighting water supply tank(s) above the natural ground level.

e) A 65mm metal Storz outlet with a gate or ball valve shall be fitted to any firefighting water supply tank(s) and accessible for a firefighting truck.

f) The gate or ball valve, pipes and tank penetration are adequate for the full 50mm inner diameter water flow through the Storz fitting and are constructed of a metal material.

g) All associated fittings to the firefighting water supply tank(s) shall be non-combustible.

h) Any pipes not of metal material shall be buried 300mm below natural ground level.

i) Any below ground firefighting water supply tank(s) constructed of combustible (polycarbonate, plastic, fibreglass, etc) materials shall be shielded from the impact of radiant heat and direct flame contact.

j) Any firefighting water supply tank(s) located below ground shall be clearly delineated to prevent vehicles being driven over the tank.

k) All water supplies for firefighting purposes shall be clearly signposted as a firefighting water supply.

l) Below ground firefighting water supply tank(s) shall have an access hole measuring a minimum 200mm x 200mm to allow firefighting trucks to access water direct from the tank.

m) A Static Water Supply (SWS) sign shall be obtained from the local NSW Rural Fire Service (RFS) and positioned for ease of identification by RFS personnel and other users of the SWS. In this regard:

i. Markers must be fixed in a suitable location so as to be highly visible; and

ii. Markers should be positioned adjacent to the most appropriate access for the water supply.

14. Electricity services where practicable shall be located underground. Where

aboveground services are proposed the following specifications apply: a) Lines with short pole spacing (30 metres) are required, unless crossing

gullies, gorges or riparian areas; and

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b) No part of a tree is closer to a power line than the distance set out in accordance with the specifications in ‘Guide for the Management of Vegetation in the Vicinity of Electricity Supply Infrastructure’ issued by the Industry Safety Steering Committee 3 (ISSC3 2016).

15. Property access roads shall comply with the following requirements of section 4.1.3

(2) of 'Planning for Bush Fire Protection 2006': a) Bridges clearly indicate load rating and pavements and bridges are capable of

carrying a load of 15 tonnes. b) Roads do not traverse a wetland or other land potentially subject to periodic

inundation (other than a flood or storm surge). c) A minimum carriageway width of 4 metres. d) Any carriageway constriction along the property access road shall be no less

than 3.5 metres in width and for a distance of no greater than 30m. e) A minimum vertical clearance of 4 metres to any overhanging obstruction,

including tree branches. f) Internal roads provide a loop road around any dwelling or incorporate a

turning circle with a minimum 12 metre outer radius. Except that a reversing bay may be provided in lieu of a loop road around the dwelling or a turning circle. Where a reversing bay is provided it shall be not less than 6 metres wide and 8 metres deep with an inner minimum turning radius of 6 metres and outer minimum radius of 12 metres.

g) Curves have a minimum inner radius of 6 metres and are minimal in number to allow for rapid access and egress.

h) The minimum distance between the inner and outer curves is 6 metres. i) The crossfall is not to exceed 10 degrees. j) Maximum grades for sealed roads do not exceed 15 degrees and not more

than 10 degrees for unsealed roads. 16. New construction shall comply with section 3 and section 6 (BAL 29) Australian

Standard AS3959-2009 ‘Construction of buildings in bush fire prone area’ or NASH Standard (1.7.14 updated) ‘National Standard Steel Framed Construction in Bushfire Areas – 2014’ as appropriate and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection' 2006’.

Note: As of May 1 2019 the relevant Australian Standard is AS 3959:2018.

17. Landscaping on the site is to comply with the principles of Appendix 5 of Planning for Bush Fire Protection 2006.

Prior to Commencement of Works 18. Prior to the commencement of work associated with the construction of the dwelling

or shed, 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 works commencing on the subject allotment.

19. Prior to the commencement of earthworks, vegetation removal or building work, the following mitigation measures as detailed in Table 5-2: Proposed Mitigation Measures of the Biodiversity Development Assessment Report accompanying the development application (responsibility and timings are outlined in the BDAR) are to be completed:

i. The boundaries of the development footprint will be delineated in the field

using bunting / flagging tape to ensure inadvertent clearing / disturbance of the adjacent vegetation and riparian zone does not occur.

ii. The two hollow-bearing trees to be retained (i.e. H1 and H2 in Table 5-1 and Figure 5-1) are to be clearly marked using bunting / flagging tape to ensure that they are not inadvertent cleared.

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iii. Any ground timber (and in particular, the significant ground hollow mentioned in Table 5-1 and Figure 5-1) within the development footprint is to be retained and redistributed onsite.

iv. Two artificial nest boxes will be installed onsite to compensate for the two hollows occurring in the development footprint (i.e. H3 and H4 in Table 5-1 and Figure 5-1).

v. Any site workers / contractors are to be inducted on the ecological sensitivities of the site, including, but not limited to, the importance of avoiding disturbance to the vegetation / habitat external to the development footprint.

vi. Erosion and sediment control measures (e.g. silt fences, straw bales wrapped in geotextile etc) must be established before excavation or vegetation clearance begins and are to remain in place until all surfaces have been fully restored and stabilised.

Prior to Issue of Construction Certificate 20. Prior to the release of any Construction Certificate a detailed schedule of construction

materials/systems demonstrating compliance with section 3 and section 6 (BAL 29) Australian Standard AS3959-2009 ‘Construction of buildings in bush fire prone area’ or NASH Standard (1.7.14 updated) ‘National Standard Steel Framed Construction in Bushfire Areas – 2014’ as appropriate and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection' 2006’ shall be submitted to the Principal Certifying Authority. Note: As of May 1 2019 the relevant Australian Standard is AS 3959:2018.

21. Prior to issue of a Construction Certificate, a detailed stormwater drainage plan is to

be prepared for the disposal of roof and surface water from the site. The stormwater drainage plan is to be designed so as to result in neutral off site stormwater discharge. Roof water from the dwelling shall be conducted to the water storage tank in accordance with the BASIX requirements and all roof water drainage works shall be undertaken in accordance with the Building Code of Australia (BCA) Part 3.5.2.

22. Prior to issue of any Construction Certificate the class and number of ecosystem

credits in Table 1 must be retired to offset the residual biodiversity impacts of the development.

23. The requirement to retire credits in condition 22 may be satisfied by payment to the Biodiversity Conservation Fund of an amount equivalent to the class and number of ecosystem credits, as calculated by the Biodiversity Offsets Payment Calculator at the time of payment.

24. Evidence of the retirement of credits or payment to the Biodiversity Conservation

Fund in satisfaction of condition 22 must be provided to the consent authority prior to issue of any Construction Certificate.

Table 1 Ecosystem credits required to be retired – like for like

Impacted plant community type

Number of ecosystem credits

IBRA sub-region Plant community type(s) that can be used to offset the impacts from development

1601-Spotted Gum - Narrow-leaved Ironbark-Red Ironbark shrub - grass open forest of the central and lower Hunter

7.0 Hunter, Ellerston, Karuah Manning, Kerrabee, Liverpool Range, Peel, Tomalla, Upper Hunter, Wyong and Yengo. or Any IBRA subregion that is within 100 kilometres of the outer edge of the impacted site.

Hunter-Macleay Dry Sclerophyll Forests

(including PCT's 1178, 1589, 1601 )

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25. Prior to issue of any Construction Certificate the class and number of species credits

in Table 2 must be retired to offset the residual biodiversity impacts of the development.

26. The requirement to retire credits outlined in condition 25 may be satisfied by payment to the Biodiversity Conservation Fund of an amount equivalent to the class and number of species credits, as calculated by the Biodiversity Offsets Payment Calculator at the time of payment.

27. Evidence of the retirement of credits or payment to the Biodiversity Conservation Fund in satisfaction of Table 2 requirements must be provided to the consent authority prior to issue of any Construction Certificate.

Table 2 Species credits required to be retired – like for like

Impacted species credit species

Number of species credits IBRA sub-region

Phascogale tapoatafa/Brush-tailed Phascogale

2.0 Any in NSW

During Construction 28. Compliance with the following mitigation measures as detailed in Table 5-2: Proposed

Mitigation Measures of the Biodiversity Development Assessment Report accompanying the development application (responsibility and timings are outlined in the BDAR):

i. The movement of vehicles and machinery must be restricted to established

tracks and the areas within the development footprint assessed in this report, to prevent disturbance to the adjacent vegetation and habitat.

ii. The removal of the two hollow-bearing trees (i.e. H3 and H4 in Table 5-1 and Figure 5-1) must be supervised by a qualified fauna ecologist or licenced fauna handler, to ensure that any displaced fauna are dealt with appropriately. Hollow-bearing tree removal is to adhere to the following procedure:

• Hollow‐bearing trees are to be gently nudged twice, with machinery in the presence of the ecologist, as nudging may encourage fauna to leave the trees. After each nudging, hollow-bearing trees would be left for a minimum of 10 minutes to allow time for any fauna to escape out of the trees and move safely away from machinery. The tree will be monitored by the ecologist during this time.

• Trees are to be removed by as carefully as possible, to reduce risk of injury to fauna.

• The trees are to be observed for escaping fauna throughout the nudging/felling process by the ecologist.

• Immediately following the felling of hollow‐bearing trees, the ecologist will inspect the hollows to retrieve any young or injured fauna or identify the presence of nesting material that would indicate the hollow was being used. Any uninjured fauna are to be encouraged to relocate to adjacent habitat areas. Any injured or dependent young animals are to be captured and held in a quiet, cool, safe place until transferred to a licensed native animal carer.

• Any salvageable tree hollows are to be redistributed onsite as ground habitat.

iii. Appropriate weed control measures must be implemented, including: • All weeds removed from the site must be transported in a sealed

container or bag and disposed at a waste management facility licenced to accept green waste.

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• Vehicles, machinery and equipment must be free from weed material (including seeds) before entering the construction corridor.

iv. Any spoil storage areas or stockpiles will have appropriate erosion control devices installed to control runoff and prevent sedimentation.

v. No chemicals, fuels, and/or waste will be stored or collected for disposal within or adjacent to the riparian zone.

vi. Materials, plant and equipment are not to be stored within the driplines of any retained trees at the site or near the site.

vii. Topsoil is to be removed from newly cleared areas and then stockpiled for later use in the rehabilitation and/or landscaping works.

viii. Cleared vegetation will be mulched and stockpiled for later use in any vegetation restoration/landscaping activities (provided that it doesn’t contain weed material). Where possible, any felled trees may be cut into manageable sections and redistributed in the site.

ix. Sediment and erosion control devices will be inspected regularly, maintained to ensure effectiveness over the entire duration of the project, and cleaned out before 30% capacity is reached.

29. 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.

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

and other pollutants onto any road.

32. 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

33. 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.

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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 on-the-spot fine.

34. 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.

35. 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.

36. The building is to be set out by a Registered Surveyor in the position approved by

Council. A copy of the Survey Report indicating the position of the dwelling as approved, shall be submitted to the Principal Certifying. The survey shall verify that the structure is located as approved by Council and within the building envelope as detailed in the DP1125795.

Prior to Issue of Occupation Certificate or Use 37. The dwelling and shed shall not be used or occupied until completed and conditions

of consent have been complied with and an Occupation Certificate has been issued. 38. Where Council is not the Principal Certifying Authority (PCA), an Occupation

Certificate shall be submitted to Council when the building works has been completed and prior to the Occupation of the building.

Note: If the Certificate is being issued by a Private Certifier the certificate is to be lodged with Council not less than forty eight (48) hours prior to the occupation of the building/structure.

39. Prior to the issue on an Occupation Certificate or use of the structure for residential

purposes a satisfactory final inspection of the waste water treatment system shall be undertaken by Council.

40. Prior to the issue of an Occupation Certificate or use of the structure for residential

purposes all landscaping shall be completed in accordance with the approved landscaping plan.

41. Prior to the release of any Occupation Certificate all bushfire mitigation/protection

works as detailed in this development consent shall be completed. 42. Prior to the release of any Occupation Certificate all roof water from the dwelling shall

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

Ongoing

43. Compliance with the following mitigation measures as detailed Table 5-2: Proposed Mitigation Measures of the Biodiversity Development Assessment Report

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accompanying the development application (responsibility and timings are outlined in the BDAR):

i. All temporary erosion and sediment control devices such as siltstop fencing will be removed from the site at the completion of the works, but not until the site is fully revegetated/stabilised.

ii. Vegetation restoration and rehabilitation of any disturbed areas will be conducted. This will include:

• Repeated weed control visits. • Supplementary plantings of indigenous flora species (characteristic of

the site’s vegetation communities), where there are any significant gaps in any strata. Plants from locally sourced seed must be used, to avoid the planting of human created cultivars.

• Stockpiled topsoil, mulch and salvaged timber will be utilised in any areas that require rehabilitation.

iii. Nest boxes will be inspected and maintained regularly. Any nest boxes that are damaged, or in danger of falling, are to be repaired or replaced. If a nest box needs to be removed from the site for repair, then an alternative nest box will be installed in the same location upon removal of the damaged nest box.

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3. DEVELOPMENT APPLICATIONS – DELEGATED AUTHORITY

FILE NO: EF 08/228

ANNEXURES: Nil

AUTHOR: Manager Planning

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.

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 April 2019.

****** RESOLUTION 38038

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

Carried.

The Mayor in accordance with Section 375A of the Local Government Act called for a Division. The Division resulted in 6 for 0 against as follows:

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

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INFRASTRUCTURE AND ASSETS DEPARTMENT

OFFICERS RECOMMENDATION: It is recommended:-

1. That the following tenderers for Regional Procurement Tender for the Supply and Delivery of Ready Mixed Concrete – T511920HUN be appointed to this contract as Panel Source Suppliers to Dungog Shire Council for the period 1 July 2019 to 30 June 2022:-

a. Dungog Shire Concrete Pty Ltd b. Maitland Ready Mixed Concrete Pty Ltd c. Hymix Australia Pty Limited

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

performance, which may take this contract through to 30 June 2023. Precis: To provide Council with information regarding the recent Panel Source Tender undertaken by Regional Procurement for the Supply & Delivery of Ready Mixed Concrete – Tender T511920HUN.

****** RESOLUTION 38039

1. That the following tenderers for Regional Procurement Tender for the Supply and Delivery of Ready Mixed Concrete – T511920HUN be appointed to this contract as Panel Source Suppliers to Dungog Shire Council for the period 1 July 2019 to 30 June 2022:- a. Dungog Shire Concrete Pty Ltd b. Maitland Ready Mixed Concrete Pty Ltd c. Hymix Australia Pty Limited

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

satisfactory supplier performance, which may take this contract through to 30 June 2023.

Moved: Cr G Wall Seconded: Cr S Low AM.

Carried.

1. REGIONAL PROCUREMENT TENDER FOR THE SUPPLY & DELIVERY OF READY MIXED CONCRETE - TENDER T511920HUN

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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2. ROADS TO RECOVERY PROGRAM – PROJECT ALLOCATION REVIEW

FILE NO: EF15/60

ANNEXURES: Nil

AUTHOR: Executive Manager – Infrastructure & Assets

COMMUNITY STRATEGIC PLAN

Public Infrastructure & Services

DELIVERY PROGRAM: 8. Council Programs and Activities Supporting Public

Infrastructure and Services

OFFICERS RECOMMENDATION: It is recommended that:- 1. Council approve the re-allocation of $451,471 from the 2018/2019 Roads to Recovery

Program from Dowling Street to Webbers Creek Road for rehabilitation of the section 1.26km to 2.16km from Prince Street;

2. The Dowling Street project be included in the 2019/2020 Roads to Recovery Program

for the same amount. Precis: To provide Council with information regarding the change of projects being proposed for funding under the 2018/2019 Roads to Recovery Program.

******

RESOLUTION 38040

1. Council approve the re-allocation of $451,471 from the 2018/2019 Roads to Recovery Program from Dowling Street to Webbers Creek Road for rehabilitation of the section 1.26km to 2.16km from Prince Street;

2. The Dowling Street project be included in the 2019/2020 Roads to

Recovery Program for the same amount. Moved: Cr S Low AM, Seconded: Cr J Connors.

Carried.

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3. BRIDGES RENEWAL FUNDING

FILE NO: EF19/13, EF19/16

ANNEXURES: A Letter from The Honorable Michael McCormack MP -Deputy Prime Minister - providing advice of the outcome of Round Four of the Bridges Renewal Program.

AUTHOR: Executive Manager – Infrastructure & Assets

COMMUNITY STRATEGIC PLAN

Public Infrastructure & Services

DELIVERY PROGRAM: 8. Council Programs and Activities Supporting Public

Infrastructure and Services

OFFICERS RECOMMENDATION: It is recommended that Council:- 1. Enters into the necessary agreements for 50% funding under the Bridges Renewal

Program Round 4 for the replacement of Tillegra Bridge and Summer Hill Bridge; 2. Commits to the allocation of $352,774 for 50% matching funding for the replacement

of Summer Hill Bridge. Precis: To provide Council with information regarding the outcome of projects nominated under the Australian Government’s Bridges Renewal Program – Round Four.

******

RESOLUTION 38041

That Council:- 1. Enters into the necessary agreements for 50% funding under the

Bridges Renewal Program Round 4 for the replacement of Tillegra Bridge and Summer Hill Bridge;

2. Commits to the allocation of $352,774 for 50% matching funding for the

replacement of Summer Hill Bridge. Moved: Cr S Low AM, Seconded: Cr J Connors.

Carried.

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4. INFRASTRUCTURE & ASSETS STAFF RESIGNATIONS

FILE NO: EF08/193

ANNEXURES: Nil

AUTHOR: Executive Manager – Infrastructure & Assets

COMMUNITY STRATEGIC PLAN

Governance and Finance

DELIVERY PROGRAM: 6.5 Governance – Workforce Strategy

OFFICERS RECOMMENDATION: That the report be received and the information noted. Precis: Reporting on the resignations of two (2) key personnel from the Infrastructure & Assets Department.

****** RESOLUTION 38042 That the report be received and the information noted.

Moved: Cr S Low AM, Seconded: Cr D Rayward.

Carried.

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5. WORKS PROGRESS REPORT

FILE NO: EF02/208

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

AUTHOR: Nigel Atkins

COMMUNITY STRATEGIC PLAN:

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 April 2019.

******

RESOLUTION 38043 That the report be received and the information noted.

Moved: Cr K Murphy, Seconded: Cr D Rayward.

Carried.

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CORPORATE SERVICES DEPARTMENT

1. QUARTERLY FINANCE REPORT FOR THE PERIOD ENDING 31 MARCH 2019

FILE NO: EF08/224

ANNEXURES: A Quarterly finance report for the period ending 31 March 2019

AUTHOR: Executive Manager Corporate Services

COMMUNITY STRATEGIC PLAN:

7. Council Governance and Finance

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

Road OFFICERS RECOMMENDATION: That the variations to budgeted expenditures and revenues for the March quarter be approved and form part of the Operational Plan 2018/19. Precis: Review of expenditure and revenues as per Section 203 of the Local Government (General) Regulation 2005 for the quarter ending 31 March 2019.

********** MOTION

38044 That the variations to budgeted expenditures and revenues for the March quarter be approved and form part of the Operational Plan 2018/19. Moved Cr D Rayward, Seconded Cr J Lyon.

Carried.

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2. STATEMENT OF INVESTMENTS

FILE NO: EF08/220

ANNEXURES: ‘A’ Statement of Investments

AUTHOR: Executive Manager Corporate Services

COMMUNITY STRATEGIC PLAN:

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

38045 The report be received and the information noted. Moved: Cr S Low AM, Seconded: Cr R Booth.

Carried.

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3. WORKS COST STATEMENT

FILE NO: EF08/221

ANNEXURES: A Works Cost Statement

AUTHOR: Executive Manager Corporate Services

COMMUNITY STRATEGIC PLAN:

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

38046 The report be received and the information noted. Moved: Cr S Low AM, Seconded: Cr J Connors.

Carried.

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4. COUNCILLORS TRAVELLING & OTHER EXPENSES

FILE NO: EF08/222

ANNEXURES: Nil

AUTHOR: Executive Manager Corporate Services

COMMUNITY STRATEGIC PLAN:

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

38047 That the report be received and the information noted. Moved Cr S Low AM, Seconded Cr R Booth.

Carried.

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GENERAL MANAGERS REPORTS

1. RESOLUTIONS TRACKING REPORT 2019

FILE NO: EF19/33

ANNEXURES: A 2019 Council Resolutions

AUTHOR: The General Manager

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.

******** MOTION

38048 1. That the report be received and the information noted. 2. That Minute No. 37942 be included in the June report. Moved Cr G Riley, Seconded Cr J Lyon.

Carried.

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2. NSW OFFICE OF LOCAL GOVERNMENT CIRCULARS

FILE NO: EF08/142

ANNEXURES: Nil

AUTHOR: The General Manager

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

******** RESOLUTION

38049 That the report be received and the information noted. Moved Cr K Murphy, Seconded Cr G Wall

Carried.

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3. CLOSED COUNCIL

FILE NO: N/A

ANNEXURES: Nil

AUTHOR: The General Manager

COMMUNITY STRATEGIC PLAN:

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

38050 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 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

AUTHOR: The General Manager

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 38051 That the minutes of the Management Committee Meeting be received and

noted. Moved: Cr R Booth, Seconded: Cr J Connors.

Carried.

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QUESTIONS WITH NOTICE

1. QUESTION ON CLARIFICATION OF ACCESS TO PILCHERS RESERVE

FILE NO: EF07/52

ANNEXURES: Nil

AUTHOR: Councillor Riley

Precis: Councillor Riley has recently received representations from the community in relation to Council roads connecting Hanley’s Creek Road, Wallaringa Road and Pilchers Reserve in Dungog.

*********** MOTION

38052

That a response be provided by the General Manager once staff have investigated the issue. Moved Cr G Riley, Seconded: Cr S Low AM.

Carried.

BUSINESS OF AN URGENT NATURE Councillor Connors foreshadowed business of an urgent nature but the business was not accepted as urgent.

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CLOSED COUNCIL MOTION

38053

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 S Low AM, Seconded: Cr D Rayward. Carried.

Council closed its meeting at 6.31 pm. The public and media left the Chambers.

MOTION

38054

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

Carried. The Order of Council business resumed at 6.36 pm.

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

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GENERAL MANAGER

1. DUNGOG SHOWGROUND PLAN OF MANAGEMENT CONSULTANCY

FILE NO: TPA347

ANNEXURES: Nil

AUTHOR: The General Manager

COMMUNITY STRATEGIC PLAN:

Recreation and Open Space

DELIVERY PROGRAM: Strategy 2: Ensure that community assets and facilities and public infrastructure are planned for, improved and maintained to a reasonable standard.

RECOMMENDATION:

That:

1. The report be received and noted.

2. A determination be made as to the consultant to be engaged in regard to the Plan of Management preparation process.

Precis: The purpose of this report is to provide information on the requirement and priority attached to preparation of a Plan of Management for the Dungog Showground and to provide information which will allow the selection of an appropriate consultancy firm to undertake the Plan preparation work.

******** MOTION

38055 That:

1. The report be received and noted. 2. Landsas be engaged to prepare the Plan of Management. 3. The General Manager be authorised to engage Landsas following

negotiation regarding the inclusion of the 355 Committee in the Plan of Management preparation process.

Moved Cr J Connors, Seconded: Cr R Booth.

Carried. There being no further business the meeting terminated at 6.37 pm. Confirmed: ................................................

Mayor

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

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

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