Minutes of the Ordinary Meeting - Dungog Shire · A MOTION was moved by Cr Wall and seconded Cr Mitchell that Council resume the Order of Council business. ... Mr Peter Mulhall &

DUNGOG SHIRE COUNCIL

Minutes of the Ordinary Meeting

17 March 2009

This is page number 2 of the Minutes of the Ordinary Meeting of the Council of the Shire of Dungog, held Tuesday 17 March 2009.

TABLE OF CONTENTS MAYORAL MINUTE 1. Mid North Weight of Loads Group GENERAL MANAGER 1. Tillegra Dam 2. Code of Conduct Review Committee Appointment 3. Council Properties – Sale of Council Land 4. Community Survey 5. Department of Local Government – Councillor Development Program 6. Dungog Showground & Recreation Reserve Management Committee 7. James Theatre – Dungog Community Centre 8. Shires Association of NSW – “D” Division 9. NSW Department of Local Government Circulars 10. Dungog Visitors Information Centre 11. Economic Development Committee 12. Williams River Holiday Park 13. Council’s Management Committee Meeting Minutes EXECUTIVE MANAGER – CORPORATE SERVICES 1. Statement of Investments 2. Works Cost Statement for period ending 31 August 2008 3. Councillors Travelling & Other Expenses 4. Request for Financial Assistance 5. Special Variation to General Income 2009/10 EXECUTIVE MANAGER – INFRASTRUCTURE & ASSETS 1. Traffic & Road Safety Committee 2. Part Road Closures for Hunter Water 3. Alison Court Aged Care Units 4. Works Progress Report 5. Works Depot Improvements 6. Council Quarry Operations 7. Melbury Cemetery Access – Council Contribution 8. Tender – Sale of Surplus Items MANAGER – PLANNING 1. G R Ferguson – Development Application 160/08 2. D N Wells – Development Application 95/08 3. Dungog Shire Development Control Plan Part A Section 2 4. Litigation Report 5. Development Applications – Delegated Authority MANAGER – ENVIRONMENTAL SERVICES 1. Hunter & Central Coast Regional Environmental Management Strategy 2. Pilchers Reserve Plan of Management 3. Grant for Erosion Control Work at Boatfalls Bridge 4. Apex Kiosk at Dungog Showground 5. Recovery of Unpaid On-Site Sewage Management Inspection Fees 6. Railcorp Quarry at Martins Creek 7. Railcorp Quarry at Martins Creek 8. Request for Council to Take Action Under Sec 124 of the Local Government Act 1993


CONFIDENTIAL SECTION GENERAL MANAGER 1. Council Properties – Sale of Council Land EXECUTIVE MANAGER – INFRASTRUCTURE & ASSETS 1. Council Quarry Resources 2. Tender – Sale of Surplus Items MANAGER – PLANNING 1. D N Wells – Development Application 95/08 MANAGER – ENVIRONMENTAL SERVICES 1. Martins Creek Railcorp Quarry 2. Request for Council to take action under Sec 124 of the Local Government Act 1993 COMPLIMENTS


MINUTES OF THE ORDINARY MEETING OF DUNGOG SHIRE COUNCIL HELD AT DUNGOG SHIRE COUNCIL OFFICES ON 17 MARCH 2009 COMMENCING AT 6.00 PM. PRESENT: The Mayor, Councillor G D Wall, and Councillors L D Mitchell, J F Thompson, S B Farrow, P D Ainsworth, A G McKenzie, I S Lloyd, H F Johnston and R A Booth. OFFICERS IN ATTENDANCE: C F Deasey, General Manager, S L Chandler, Executive Manager Corporate Services, S W Hitchens, A/Executive Manager Infrastructure & Assets, M D Brown, Manager Planning and T J Kavanagh, Manager Environmental Services. APOLOGY: Nil ABSENT: Nil DECLARATION OF INTERESTS: Nil CONFIRMATION OF MINUTES:

Minute No. 34375 RESOLVED on the motion of Cr Mitchell and seconded by Cr Thompson that the Minutes of the Ordinary Meeting of Council, held on Tuesday 17 February 2009 having been circulated amongst the members of the Council be confirmed. MATTERS ARISING: Nil The Prayer was delivered by Minister Tony Adams. The Ode was delivered by the Mayor, Cr Glenn Wall. WITHDRAWAL OF ITEMS AND LATE ITEMS OF BUSINESS The General Manager advised that the following late items of business are tabled for consideration at the meeting: 1. Item 5 Executive Manager Corporate Services Report 2. Item 8 Manager Environmental Services Report 3. Item 2 Manager Environmental Services Confidential Report


MAYORAL MINUTE

Councillor G D Wall 1. MID NORTH WEIGHT OF LOADS GROUP

EF08/110 Précis To update Councillors and Staff regarding the Mid North Weight of Loads Group.

*********

RECOMMENDATION That the report be received and the information noted.

Minute No. 34376

A MOTION was moved by Cr Wall that the report be received and information noted. On being put the motion was carried.

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Minute No. 34377 A MOTION was moved by Cr Wall and seconded by Cr Mitchell 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 6.13 pm to allow members of the public to address Council. Mr Richard Bennett spoke seeking a deferral for Item 1 Manager Planning’s report. Mr Graeme Ferguson spoke against the recommendation for Item 1 Manager Planning’s report and spoke on item 2 Manager Planning’s report.

Minute No. 34378 A MOTION was moved by Cr Wall and seconded Cr Mitchell that Council resume the Order of Council business. On being put the motion was carried. The Order of Council business resumed at 6.29 pm.

######


GENERAL MANAGER'S REPORT

Craig Deasey 1. TILLEGRA DAM EF07/75 Précis: Reporting on developments associated with the proposed Tillegra Dam.

*********** Minute No. 34379

A MOTION was moved by Cr Wall and seconded by Cr Thompson that: 1. The report be received and information noted. 2. Brett Peterkin facilitate a workshop to further address the Director General’s Requirements and form working groups to address the Environmental Assessment Report. On being put the motion was carried.

Craig Deasey 2. CODE OF CONDUCT REVIEW COMMITTEE APPOINTMENT EF09/56 Précis: Reporting on the outcomes of the Hunter Councils Inc. Code of Conduct Review Committee Panel.

********** Minute No. 34380

RESOLVED on the motion of Cr Mitchell and seconded by Cr Lloyd that Council appoint the following panel of members for selection on the Conduct Review Committee or as a sole independent reviewer as and when required under the Code of Conduct:

- Mr Mark Brady

- Mr John Gordon

- IAB Services Mr Steve Kent, Mr Peter Mulhall & Ms Helen Colbey

- Mr James Marshall

- Mr Brian McHugh

- Mr Paul Roney

- Ms Kath Roach

- Mr Henry Wilson

- Mr Bernard Smith

- Mr Jeff Williams

- Mr Barry Davidow

- Mr Robin Mallik


Greg Fenwick

3. COUNCIL PROPERTIES – SALE OF COUNCIL LAND EF 09/25 Précis: Reporting on the offer to Council for the purchase of Lot 336, DP 729762 in Common Road, Dungog.

********** Minute No. 34381

RESOLVED on the motion of Cr Mitchell and seconded by Cr Farrow that pursuant to Section 10A (2) (d) of the Local Government Act 1993 (NSW) that this item of business be considered within closed committee as the information contained within the report would if disclosed prejudice the commercial position of the person who supplied it.

Craig Deasey 4. COMMUNITY SURVEY EF09/57 Précis: Reporting on community survey that is proposed to be undertaken with the annual rates notice roll-out in July 2009.

********** Minute No. 34382

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

Craig Deasey 5. DEPARTMENT OF LOCAL GOVERNMENT – COUNCILLOR DEVELOPMENT PROGRAM EF08/142 Précis: Reporting on the Councillors attendance at Councillor Development Programs.

********** Minute No. 34383

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


Craig Deasey

6. DUNGOG SHOWGROUND & RECREATION RESERVE MANAGEMENT COMMITTEE EF08/461 Précis: Reporting on the minutes supplied in relation to the operation of the Dungog Showground & Recreation Reserve by the Management Committee.

********** Minute No. 34384

A MOTION was moved by Cr Wall and seconded by Cr Mitchell that: 1. The Minutes of the Dungog Showground and Recreation Reserve Committee be received

and noted. 2. No further action be undertaken as regards the appointment of a Caretaker. 3. The user fee for the 2008 Film Festival be set at $1062.00 ($363 per day for 2 days plus

energy costs of 14 hours @ $24 per hour). On being put the motion was carried.

Craig Deasey 7. JAMES THEATRE – DUNGOG COMMUNITY CENTRE EF 09/9 Précis: Reporting on the revised Plan of Management for the James Theatre Dungog Community Centre.

********** Minute No. 34385

RESOLVED on the motion of Cr Mitchell and seconded by Cr Johnston that the revised Plan of Management for the James Theatre Dungog Community Centre be placed on public exhibition in accordance with the requirements of the Local Government Act (NSW) 1993.

Craig Deasey 8. SHIRES ASSOCIATION OF NSW – “D” DIVISION EF07/35 Précis: Reporting on the divisional meeting of the LGS&A at Singleton on 17 February 2009.

********** Minute No. 34386

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


Craig Deasey 9. NSW DEPARTMENT OF LOCAL GOVERNMENT CIRCULARS EF08/142 Précis: Providing a summary of circulars that have been released by the Department of Local Government.

********** Minute No. 34387

RESOLVED on the motion of Cr Mitchell and seconded by Cr Johnston that the report be received and information noted. Cr Farrow declared a Non-Pecuniary interest in the following item as his wife is employed at the Visitors Information Centre.

Greg Fenwick 10. DUNGOG VISITOR INFORMATION CENTRE EF08/515 Précis: Reporting on the need to install an additional air conditioning unit at the Dungog Visitor Information Centre due to occupational health and safety concerns during extreme weather conditions.

********** Minute No. 34388

RESOLVED on the motion of Cr Mitchell and seconded by Cr Thompson that Council accepts the details of this report and approves the appropriate allocation of funds to allow for the installation of a 1.5hp air conditioning unit at the Visitor Information Centre.

Greg Fenwick 11. ECONOMIC DEVELOPMENT COMMITTEE EF08/215 Précis: Reporting on the activities of the Economic Development Committee.

********** Minute No. 34389

RESOLVED on the motion of Cr Wall and seconded by Cr Mitchell that Council accepts this report on the activity of the Economic Development Committee and remains aware of future activity.


Greg Fenwick 12. WILLIAMS RIVER HOLIDAY PARK EF08/459 Précis: Reporting on the need to install two new power outlet heads at the Williams River Holiday Park at Clarence Town.

**********

Minute No. 34390 RESOLVED on the motion of Cr Wall and seconded by Cr Mitchell that Council accepts the details of this report and approves the appropriate allocation of funds to allow for the installation of two power outlet heads at the Williams River Holiday Park prior to the Easter holiday period 2009. Craig Deasey 13. COUNCIL’S MANAGEMENT COMMITTEE MEETING MINUTES Précis: Reporting on Minutes of Council Management Committee Meetings provided to Council.

********** Minute No. 34391

A MOTION was moved by Cr Wall and seconded by Cr Farrow that: 1. The minutes of the Management Committee Meetings be received and noted. 2. All 355 Committees for Halls and Centres be reminded of the Country Energy rebate scheme. On being put the motion was carried. CORPORATE SERVICES DEPARTMENT EXECUTIVE MANAGER'S REPORT

Shaun Chandler 1. 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 Local Government Act.

********** Minute No. 34392

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


Cheryl Hyde 2. WORKS COST STATEMENT

EF 08/221 Précis: A selective summary of expenditures on capital works and maintenance expense areas within Council’s roads, bridges, cemeteries, toilets, parks and sports grounds cost centres.

******** Minute No. 34393

RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that the Works Cost Statement for the period ending 28 February 2009 be received and noted.

Shaun Chandler 3. COUNCILLORS TRAVELLING & OTHER EXPENSES

EF 08/222

Précis: Report on Councillors travelling for Councillors information.

********** Minute No. 34394

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

Shaun Chandler 4. REQUEST FOR FINANCIAL ASSISTANCE FROM CLARENCE TOWN BOWLING

SPORT & RECREATION CLUB LTD EF 08/3 Précis: Request for financial assistance from the Clarence Town Bowling Sport and Recreation Club Ltd.

********** Minute No. 34395

RESOLVED on the motion of Cr Wall and seconded by Cr Mitchell that Council decline this request for assistance.

Shaun Chandler 5. SPECIAL VARIATION TO GENERAL INCOME 2009/10

EF08/367, 09/13636 Précis: Reporting on the Department of Local Governments requirements for Council to apply for Ministerial approval for a special variation to general income.

********** Minute No. 34396

RESOLVED on the motion of Cr Wall and seconded by Cr Mitchell that:

1. The report be received and noted.


2. Council resolve to apply for a special variation to general income of 6% above the permissible rate peg limit should it perceive the need upon analysis of the final budget document.

3. Council staff works toward completion and submission of the section 508(2) special

variation to general income application to the Department by 31 March 2009 or within two weeks of the announcement of the rate peg limit – whichever is later.

INFRASTRUCTURE & ASSETS DEPARTMENT A/EXECUTIVE MANAGER REPORT

Terry AG Wilson 1. TRAFFIC AND ROAD SAFETY COMMITTEE EF08/5 Précis: Reporting on the Traffic and Road Safety Committee meeting held on 2 March 2009.

********** Minute No. 34397

RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that the minutes of the traffic committee be received.

Terry AG Wilson 2. PART ROAD CLOSURES FOR HUNTER WATER EF08/351 & EF08/352 Précis: Outlining the proposed part road closures (2 of) associated with the transfer of Council’s water and sewer assets to Hunter Water at Fosterton and Black Rock Roads, Dungog and Martins Creek respectively.

********** Minute No. 34398

RESOLVED on the motion of Cr Wall and seconded by Cr Mitchell that Council support the part road closures in Fosterton Road, Dungog and Black Rock Road, Martins Creek.

Terry AG Wilson 3. ALISON COURT AGED CARE UNITS EF07/68 Précis: Funding for Alison Court maintenance works.

********** Minute No. 34399

RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that Council reallocates $3,500 from the Aged Housing Accommodation – “Special Maintenance – Doors” funding and place it under the heading of Antenna’s in the same Special Maintenance section.


Steve Hitchens 4. WORKS PROGRESS REPORT EF08/208 Précis: Reporting on construction and maintenance works.

**********

Minute No. 34400 RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that the report be received and information noted.

Steve Hitchens 5. WORKS DEPOT IMPROVEMENTS EF08/124 Précis: Reporting on proposed improvements at Council’s Common Road Depot.

********** Minute No. 34401

RESOLVED on the motion of Cr Wall and seconded by Cr Thompson that Council approves the allocation of $16,000 from Restricted Assets – Depot for:-

a. The installation of a roller door, roof vents and a flammable liquids cabinet in the Parks and Gardens Shed;

b. The installation of a drainage structure and concrete apron on the Chemical Storage Shed; and

c. The replacement of guttering and installation roof vents in the main workshop area.

Steve Hitchens 6. COUNCIL QUARRY OPERATIONS EF08/562 Précis: Reporting to Council on the Council’s Quarry Operations.

********** Minute No. 34402

RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that pursuant to Sec 10A (2) (c) of the Local Government Act 1993 (NSW) that this item of business be considered within closed committee as the information contained within the report would if disclosed confer a commercial advantage on a person/company with whom the Council is conducting or proposes to conduct business.


Steve Hitchens

7. MELBURY CEMETERY ACCESS – COUNCIL CONTRIBUTION EF07/26 Précis: To identify the source of funds for Council’s contribution to the Melbury Cemetery access.

********** Minute No. 34403

RESOLVED on the motion of Cr Mitchell and seconded by Cr Thompson that Council allocate $10,000 to the Melbury Cemetery river crossing project from the Unsealed Roads Upgrades vote.

Steve Hitchens 8. TENDER – SALE OF SURPLUS ITEMS EF09/58 Précis: Reporting on the results of the Tender – Sale of Surplus Items.

********** Minute No. 34404

RESOLVED on the motion of Cr Thompson and seconded by Cr Mitchell that pursuant to Sec 10A (2) (c) of the Local Government Act 1993 (NSW) that this item of business be considered within closed committee as the information contained within the report would if disclosed confer a commercial advantage on a person/company with whom the Council is conducting or proposes to conduct business. PLANNING DEPARTMENT MANAGERS REPORT

Carolyn Maginnity 1. G R FERGUSON – LOT 115 DP 1057737 NO. 2220 ALLYN RIVER ROAD, ECCLESTON

– 2 LOT SUBDIVISION DA 160/08

Minute No. 34405 A MOTION was moved by Cr Wall and seconded by Cr Farrow that the matter be deferred due to inaccurate advice from the Department Primary Industries and allow applicant to address issues. On being put the motion was carried. The Mayor in accordance with Section 375A of the Local Government Act 1993 called for a Division. The Division resulted in 9 for and 0 against, as follows:

For: Crs Wall, Mitchell Booth, Ainsworth, Johnston, McKenzie, Lloyd, Thompson, Farrow.


Matthew Brown 2. D N WELLS – LOTS 33 & 34 DP 7055 NO. 25-27 SHORT STREET, GRESFORD

DA 95/08 Précis: Council has received an 82A Review of Determination for the abovementioned development application.

******** Minute No. 34406

RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that the report be considered in Closed Session of Council as the report is confidential as relates to advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

Matthew Brown 3. DUNGOG SHIRE DEVELOPMENT CONTROL PLAN – PART A – SECTION 2 -

DEVELOPMENT APPLICATION REQUIRMENTS – PROPOSED AMENDMENT EF08/532 Précis: Dungog Shire Development Control Plan – Part A – Section 2 – Development Application Requirements – Proposed removal of courtesy notification provision. Exhibition period finished. No submissions were received.

********

Minute No. 34407 RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that Council adopt the changes to the Dungog Development Control Plan – Part A – Section 2 – Development Application Requirement. The Mayor in accordance with Section 375A of the Local Government Act 1993 called for a Division. The Division resulted in 9 for and 0 against, as follows:


Matthew Brown 4. LITIGATION REPORT EF08/227 Précis: Reporting on Planning Legal Costs in relation to litigation matters.

********** Minute No. 34408

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


Matthew Brown

5. DEVELOPMENT APPLICATIONS - DELEGATED AUTHORITY EF08/228

Minute No. 34409 RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that the report be received and the information noted. ENVIRONMENTAL SERVICES DEPARTMENT MANAGER'S REPORTS

Terry Kavanagh 1. HUNTER & CENTRAL COAST REGIONAL ENVIRONMENTAL MANAGEMENT STRATEGY EF 08/211 Précis: This report is to provide for Council information the Hunter Central Coast Regional Environmental Management Strategy March report on its activities and programs over the last three months.

********** Minute No. 34410


Terry Kavanagh 2. PILCHERS RESERVE PLAN OF MANAGEMENT

EF 07/52 Précis: This report is to provide for Council consideration the revised Draft Plan of Management (PoM) for Pilchers Reserve. The Draft was first adopted by Council in February 2008 and after approval by the Department of Lands was placed on public exhibition in December 2008 till January 2009. The Draft PoM has had minor amendments made in response to public and Department of Lands comment and is now resubmitted for final adoption by Council.

********** Minute No. 34411

RESOLVED on the motion of Cr Mitchell and seconded by Cr Ainsworth that: 1. The Draft Plan of Management is formally adopted by Council. 2. The Plan as adopted is forwarded to the Department of Lands for approval by the Minister. 3. Council commences discussions with the Department of Lands and the Department of

Environment and Climate Change in relation to a transfer of management of the reserve from Council to National Parks.


Terry Kavanagh

3. GRANT FOR EROSION CONTROL WORK AT BOATFALLS BRIDGE EF08/167

Précis: This report is to advise Council of a grant for $30,000 received through the Hunter Central Rivers Catchment Management Authority (HCRCMA) for erosion control work at Boatfalls Bridge Glen Martin Road Glen Martin.

*******

Minute No. 34412 A MOTION was moved by Cr Wall and seconded by Cr Thompson that: 1. The report be received and information noted. 2. Council extend congratulations to the staff for their efforts. On being put the motion was carried.

Terry Kavanagh 4. APEX KIOSK AT DUNGOG SHOWGROUND EF 08/69 Précis: This report is to advise Council on recent action taken in relation to the Apex Kiosk at the Dungog Showground. This matter was the subject of some erroneous reporting and comment on local radio.

********** Minute No. 34413

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

Terry Kavanagh 5. RECOVERY OF UNPAID ON-SITE SEWAGE MANAGEMENT INSPECTION FEES EF 08/301 Précis: This report is to advise Council of proposed debt recovery action in relation to non payment of fees for inspections carried out under Council’s On-site Sewage Management Strategy.

*********** Minute No. 34414

RESOLVED on the motion of Cr Wall and seconded by Cr Mitchell that Council Staff proceed with the actions as outlined in the report to manage collection of outstanding fees for the inspection of septic systems.


Terry Kavanagh

6. RAILCORP QUARRY AT MARTINS CREEK EF08/166 Précis: This report is to advise Council of correspondence to Minister Carmel Tebbutt in relation to the Department of Environment and Climate Change’s (DECC) action in modifying the RailCorp Martins Creek Quarry’s extraction licence.

********** Minute No. 34415


Terry Kavanagh 7. RAILCORP QUARRY AT MARTINS CREEK EF08/166 Précis: This report is to advise Councillors on negotiations between Council and RailCorp in relation to operations at Martins Creek Quarry, to provide correspondence in relation to these negotiations and to seek direction on future action by Council.

********** Minute No. 34416

RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that the report be considered in Closed Session of Council as the report is confidential as it contains advice concerning potential litigation.

Terry Kavanagh 8. REQUEST FOR COUNCIL TO TAKE ACTION UNDER SEC 124 OF THE LOCAL GOVERNMENT ACT 1993 EF08/436 Précis: This report is to advise Councillors on a request for Council staff to take action under Sec 124 of the Local Government Act 1993 in relation to conditions on two privately owned residential properties. The report also provides third party expert advice provided on behalf of the complainant in relation to this matter.

********** Minute No. 34417

RESOLVED on the motion of Cr Wall and seconded by Cr Thompson that the report be considered in Closed Session of Council as the report is confidential as it contains advice concerning potential litigation.


QUESTIONS WITHOUT NOTICE Cr Booth – asked if the Plan of Action for road repairs is available yet. General Manager replied the Plan of Action for road repairs will be available when staffing resources allow. The Acting Executive Manager Infrastructure & Assets is currently undertaking two jobs and is endeavouring to complete current funding works within specific time restraints. Cr Booth – Paterson Water Tank – Can Council define scope of work as regards completion and current position, financial exposure and what is Council’s way forward? General Manager replied that he had discussions today with Hunter Water Australia and has arranged an on-site meeting for 25 March to formulate a plan for finalisation. Cr Johnston – Are Councillors aware of Council’s submission to the RLCIP Community Infrastructure Grant. General Manager advised that it had been reported in last weeks Chronicle. BUSINESS OF AN URGENT NATURE Nil CLOSED COUNCIL

Minute No. 34418 RESOLVED on the motion of Cr Wall and seconded by Cr Mitchell 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 7.47 pm. The public and media left the Chamber.

Minute No. 34425 A MOTION was moved by Cr Wall and seconded by Cr Mitchell that Council move out of Closed Council and into Open Council. Open Council resumed at 8.53 pm. The following resolutions of Council while the meeting was closed to the public were read to the meeting by the General Manager.


GENERAL MANAGERS REPORT

Craig Deasey 1. COUNCIL PROPERTIES – SALE OF COUNCIL LAND EF 09/25 Précis: Reporting on the offer by Shelton Bus Services to purchase Lot 336, DP 729762 in Common Road, Dungog and subsequent consultations.

********** Minute No. 34419


1. The report be received and the information noted. 2. The contents of the report remain confidential until the sale is finalised 3. The Common Seal of Council be affixed to the sale contract and associated property

transfers to the Shelton’s Bus Service. INFRASTRUCTURE & ASSETS DEPARTMENT ACTING EXECUTIVE MANAGER'S REPORT

Steve Hitchens 1. COUNCIL QUARRY RESOURCES EF08/562 Précis: Reporting on the current situation with respect to the operation and possible future expansion of Council’s quarry resources.

********** Minute No. 34420

RESOLVED on the motion of Cr Thompson and seconded by Cr Wall that: 1. The contents of this report remain confidential 2. The report be received and noted

Steve Hitchens 2. TENDER – SALE OF SURPLUS ITEMS EF09/58 Précis: Reporting on the results of the Tender – Sale of Surplus Items.

********** Minute No. 34421


1. Lots 1 & 2 (Murray Ride-on mowers) be retained at this time and sold via private sale or auction prior to next summer;

2. Lot 7E (Victa Utility Mower) be retained for spare parts; 3. All other Lots that received bids be sold to the highest bidders; and 4. All Lots that did not receive bids be disposed of by the most economical means available.


Cr Farrow left the Chambers at 7.57 pm and returned at 7.59 pm. PLANNING DEPARTMENT MANAGER’S REPORT

Matthew Brown 1. D N WELLS – LOTS 33 & 34 DP 7055 NO. 25-27 SHORT STREET, GRESFORD

DA 95/08

Minute No. 34422 RESOLVED on the motion of Cr Wall and seconded by Cr McKenzie that the original decision be upheld and DA 95/2008, be refused due to the follows reasons: 1. The proposal does not comply with clause 13(e) of the Dungog Local Environmental Plan

2006. 2. The proposal does not comply with the Dungog Development Control Plan - Part C, 2.2 -

Dungog Rural Residential Control Plan. 3. The proposal does not comply with the Dungog Development Control Plan - Part D –

Gresford Local Area Plan (LAP), in particular section 7.2. 4. The proposal does not comply with the Dungog Rural Strategy 2003, in particular the

planning principles and section 16.4. The Mayor in accordance with Section 375A of the Local Government Act 1993 called for a Division. The Division resulted in 9 for and 0 against, as follows:

For: Crs Wall, Mitchell, Booth, Ainsworth, Johnston, McKenzie, Lloyd, Thompson, Farrow. ENVIRONMENTAL SERVICES MANAGER’S REPORT Terry Kavanagh 1. MARTINS CREEK RAILCORP QUARRY EF08/166, TPA’s 1553/1502, 1553/16, 1553/17 Précis: This report is to advise Council on negotiations between Council staff and RailCorp in relation to operations at Martins Creek Quarry, to provide correspondence in relation to these negotiations and to seek direction on future action by Council.

********** A MOTION was moved by Cr Wall and seconded by Cr Lloyd that:

1. Council not proceed with legal proceedings until such time as the NSW Planning Minister forms an opinion on whether the Railcorp proposal is a project to which Part 3A applies and a response is received from the Minister for Climate Change and the Environment regarding the Environmental Protection licence to increase extraction limits from 500,000 to 2,000,000 tonne per annum.

2. The information contained in this report remains confidential until this matter is resolved.

Cr Thompson foreshadowed a motion. On being put the motion was lost.


The Mayor in accordance with Section 375A of the Local Government Act 1993 called for a Division. The Division resulted in 0 for and 9 against, as follows:

Against: Crs Wall, Mitchell Booth, Ainsworth, Johnston, McKenzie, Lloyd, Thompson, Farrow.

Minute No. 34423 A MOTION was moved by Cr Thompson and seconded by Cr Farrow that: 1. Council continue to pursue the current course of legal action in relation to Rail Corp and its operation at Martins Creek Quarry. 2. The information contained in this report remains confidential until this matter is resolved. On being put the motion was carried. The Mayor in accordance with Section 375A of the Local Government Act 1993 called for a Division. The Division resulted in 9 for and 0 against, as follows:


Terry Kavanagh 2. REQUEST FOR COUNCIL TO TAKE ACTION UNDER SEC 124 OF THE LOCAL GOVERNMENT ACT 1993 EF08/436 Précis: This report is to advise Councillors on a request for Council staff to take action under Sec 124 of the Local Government Act 1993 in relation to conditions on two privately owned residential properties. The report also provides third party expert advice provided on behalf of the complainant in relation to this matter.

********** Minute No. 34424

A MOTION was moved by Cr Wall and seconded by Cr Thompson that: 1. Council encourage independent mediation with all parties. 2. If mediation is unsuccessful Council proceed to serve a Notice of Intention to Serve an Order on respective parties. On being put the motion was carried. There being no further business the meeting terminated at 8.58 pm. Confirmed ................................................. Date .................................................

Documents

Minutes of the Ordinary Meeting - Dungog Shire · A MOTION was moved by Cr Wall and seconded Cr Mitchell that Council resume the Order of Council business. ... Mr Peter Mulhall &