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DUNGOG SHIRE COUNCIL
DRAFT
ORDINARY MEETING
MINUTES
18 SEPTEMBER 2019
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Dungog Shire Council Ordinary Meeting Minutes 18 September 2019
TABLE OF CONTENTS MAYORAL MINUTE Nil ELECTION OF MAYOR AND DEPUTY MAYOR 1. Election of Mayor and Deputy Mayor PLANNING DEPARTMENT 1. Development Application – 37/2018 2. Development Application – 98/2019 3. Development Application – 128/2018 4. Development Applications – Delegated Authority & Tracking ENVIRONMENTAL SERVICES DEPARTMENT 1. Successful Grant – Environmental Improvements to Landfills Grant Program INFRASTRUCTURE & ASSETS DEPARTMENT 1. Alison Court Rental Increase 2. Regional Procurement Tender for the Supply and Delivery of Concrete Pipes - Tender T691920HUN 3. Regional Procurement Tender for the Supply and Delivery of Bulk Fuel and Oil – Tender T681920HUN 4. Works Progress Report CORPORATE & CUSTOMER SERVICES DEPARTMENT 1. Statement of Investments 2. Works Cost Statement 3. Councillors Travelling and Other Expenses GENERAL MANAGER
1. Audit, Risk and Improvement Committee 2. Planning Proposal – Amendment to Dungog Local Environmental Plan 2014 - Additional Permitted Uses 3. Resolutions Tracking Report 2019 4. NSW Office of Local Government Circulars 5. Closed Council 6. Rural Lands Strategy COMMITTEES AND OUTSIDE ORGANISATIONS 1. Council’s Management Committee Meeting Minutes COUNCILLOR REPORTS
Nil NOTICES OF MOTION
Nil
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Dungog Shire Council Ordinary Meeting Minutes 18 September 2019
QUESTIONS ON NOTICE
Nil CONFIDENTIAL REPORTS GENERAL MANAGER 1. Planning Department Review COMPLIMENTS Minutes of Ordinary Meeting 21 August 2019
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Dungog Shire Council Ordinary Meeting Minutes 18 September 2019
Meeting commenced at 6.00 pm. PRESENT: Councillors T Norman, D Rayward, J Connors, G Riley, J Lyon, R Booth, S Low AM and K Murphy.
OFFICERS IN ATTENDANCE: C Nichols, General Manager, S Chandler, Executive Manager Corporate Services, S Hitchens, Executive Manager Infrastructure & Assets, J Tupper, Manager Planning and P Minett, Manager Environmental Services.
ACKNOWLEDGEMENT OF COUNTRY: Delivered by Mayor T Norman.
APOLOGIES: Councillor G Wall. LEAVE OF ABSENCE: Nil. DECLARATION OF INTERESTS: Councillor Murphy declared a pecuniary interest in Planning Departments report no. 4. CONFIRMATION OF MINUTES: COUNCIL RESOLUTION 38170 That the minutes of the Ordinary Council Meeting held on 21 August 2019 be
confirmed. Moved Cr J Lyon, Seconded Cr K Murphy.
Carried. MATTERS ARISING: Nil
The Prayer was delivered by a member of the community.
The Ode was delivered by Mayor T Norman.
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Dungog Shire Council Ordinary Meeting Minutes 18 September 2019
ELECTION OF MAYOR AND DEPUTY MAYOR
1. ELECTION OF MAYOR AND DEPUTY MAYOR
FILE NO: EF08/602
ANNEXURES: Nil
AUTHOR: The General Manager
RECOMMENDATION: That: 1. Council elect a Mayor – pursuant to Section 227 of the Local Government Act 1993, to hold office until September 2020.
2. Council elect a Deputy Mayor – pursuant to Section 231(2) of the Local Government Act 1993, the period of appointment for the Deputy Mayor be equivalent to that of the Mayor.
3. The method of election for both (or either) the Mayor and Deputy Mayor be by open voting.
4. The General Manager be authorised to destroy all ballot papers used in the election process.
Precis: Reporting on the election of a Mayor by the Councillors.
******** AMENDMENT 38171 That:
1. Council elect a Mayor – pursuant to Section 227 of the Local Government Act 1993, to hold office until September 2020.
2. Council elect a Deputy Mayor – pursuant to Section 231(2) of the Local Government Act 1993, the period of appointment for the Deputy Mayor be equivalent to that of the Mayor.
3. The method of election for both (or either) the Mayor and Deputy Mayor be by open voting.
4. The General Manager be authorised to destroy all ballot papers used in the election process.
5. The outcome of the Mayor and Deputy Mayor election be recorded in the minutes and the Director General of the Office of Local Government and Secretary of Local Government be advised accordingly.
Moved Cr T Norman Seconded Cr D Rayward.
Carried.
Mayor Tracy Norman vacated the Chair at 6.05 pm and the General Manager took the Chair.
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Dungog Shire Council Ordinary Meeting Minutes 18 September 2019
The General Manager advised that only one nomination for Mayor had been received and that was for Councillor Tracy Norman and as such the General Manager declared Councillor Tracy Norman as the Mayor. No nominations were received for Deputy Mayor and as such no Deputy Mayor was appointed. At 6.08 pm the Mayor Tracy Norman resumed the Chair vacated by the General Manager.
#####
MOTION 38172 That the Order of Council business be suspended to allow members of the
public to address Council. Moved Cr K Murphy, Seconded Cr D Rayward.
Carried. The Order of Council business was suspended at 6.09 pm.
Mr Geoffrey Bretag spoke in favour of the officer recommendation of Planning Departments report no. 2. Mr Richard Bennett spoke on request for amendment to conditions of consent for Planning Department report no. 1. Mr Matt Brown spoke against the officer recommendation of Planning Department report no. 3. Ms Ann Watkins spoke against the officer recommendation of Planning Department report no. 3. MOTION 38173 That Council resume the Order of Council business.
Moved Cr S Low AM Seconded Cr R Booth
Carried. The Order of Council business resumed at 6.26 pm.
#####
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Dungog Shire Council Ordinary Meeting Minutes 18 September 2019
PLANNING DEPARTMENT
OFFICERS RECOMMENDATION: That Council provide the reasons for its approval of DA 37/2018 so that they can be included on the Notice of Determination.
Precis: At the Council Meeting of the 21 August 2019, Council resolved to approve DA 37/2018 for a flood refuge mound subject to conditions contained in Annexure ‘A’ of that report. The Approval remains in accordance with the August Council resolution with the adopted conditions of consent. This report only seeks Councils adoption of reasons for approval to be included on the Notice of Determination. In accordance with the Environment Planning & Assessment Act 1979 it is necessary for the consent authority to provide the reasons for the decision which are to be included in the consent.
*********** RESOLUTION 38174 That the reasons for Council’s approval of DA37/2018 are:
1) That the Council formed the view based on the expert evidence and
photographic evidence of actual flood events submitted on behalf of the applicant that the proposed development was suitable on this site.
2) The objectives of the NSW Floodplain Development Manual are not
offended by the proposal. 3) The proposal is not inconsistent with the findings of the Paterson River
Floodplain Risk Management Plan. 4) The proposal is in the public interest. 5) The proposal will provide for the safety of livestock during flood events,
1. DEVELOPMENT APPLICATION – 37/2018 FLOOD REFUGE MOUND FOR STOCK HOLDING YARD LOT 3 DP251382, 135 MARTINS CREEK ROAD, PATERSON
FILE NO: DA37/2018
AUTHOR: Manager Planning/Snr Building/Development Officer
APPLICANT: Hill Top Planners Pty Ltd
OWNER: Mr Richard Green
PROPOSAL: Development Application 37/2018 Flood Refuge Mound for Stock Holding Yard
LOCATION: LOT: 3 DP: 251382, 135 Martins Creek Road, PATERSON
ZONE: Zone E3 Environmental Management
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Dungog Shire Council Ordinary Meeting Minutes 18 September 2019
6) The proposal is consistent with the current LEP and provides consistency
with planning determinations as a flood mound has been approved on a separate adjoining block in 2017, and
7) That the conditions of consent be amended to remove conditions 7, 8a, 8b
and 10. (***) (*** Point 7 of this resolution was unable to be implemented, please refer to Matters Arising from Minutes of the October 2019 Agenda) Cr Norman foreshadowed a motion. Moved: Cr D Rayward, Seconded: Cr R Booth.
Carried. The Mayor in accordance with Section 375A of the Local Government Act called for a Division. The Division resulted in 6 for 2 against as follows:
For: Crs: Rayward, Connors, Riley, Booth, Murphy, Low. Against: Crs Norman, Lyon
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Dungog Shire Council Ordinary Meeting Minutes 18 September 2019
OFFICERS RECOMMENDATION: That Development Application 98/2019 being for a shed at Lot 2 DP 869397, 12 Woodglen Close, Paterson be approved subject to the conditions in Annexure ‘A’.
Precis: The Development Application is required to be reported to Council for determination due to a 42.6% variation to the front setback requirement of 30m specified in Chapter 3 Building Line Setbacks of the Dungog Development Control Plan.
******** MOTION 38175
That Development Application 98/2019 being for a shed at Lot 2 DP 869397, 12 Woodglen Close, Paterson be approved subject to the conditions in Annexure ‘A’. Moved: Cr K Murphy, Seconded: Cr J Lyon.
Carried.
The Mayor in accordance with Section 375A of the Local Government Act called for a Division. The Division resulted in 8 for 0 against as follows:
For: Crs Norman, Rayward, Connors, Riley, Booth, Murphy, Low, Lyon.
2. DEVELOPMENT APPLICATION – 98/2019 – SHED WITH ATTACHED AWNING, LOT 2 DP 869397, 12 WOODGLEN CLOSE PATERSON
FILE NO: DA98/2019
ANNEXURES: A Recommended conditions of consent
B Plans
AUTHOR: Town Planner
APPLICANT: John Barnett
OWNER: Mr and Mrs Barnett
PROPOSAL: Shed with attached awning
LOCATION: Lot 2 DP 869397, 12 Woodglen Close, Paterson
ZONE: E4 Environmental Living
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Dungog Shire Council Ordinary Meeting Minutes 18 September 2019
ANNEXURE ‘A’
Prescribed Conditions 1. The work must be carried out in accordance with the requirements of the Building
Code of Australia. 2. In the case of residential building work for which the Home Building Act 1989 requires
there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.
3. A sign must be erected in a prominent position on any site on which building work,
subdivision work or demolition work is being carried out:
(i) showing the name, address and telephone number of the Principal Certifying Authority for the work, and
(ii) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and
(iii) stating that unauthorised entry to the work site is prohibited.
Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.
4. Residential building work within the meaning of the Home Building Act 1989 must not
be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the council) has given the Council written notice of the following information:
(i)
in the case of work for which a principal contractor is required to be appointed:
a. the name and licence number of the principal contractor, and b. the name of the insurer by which the work is insured under Part 6 of that
Act,
(ii) in the case of work to be done by an owner-builder:
a. the name of the owner-builder, and b. if the owner-builder is required to hold an owner-builder permit under that
Act, the number of the owner-builder permit.
If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under (d) becomes out of date, further work must not be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the Council) has given the Council written notice of the updated information.
General
5. This development consent incorporates plans/and or documents referenced and
stamped:
Plan / Document Drawn by Date Full Site Plan AllGall 10 September 2019 Site Plan and Analysis Plan AllGall 10 September 2019
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Dungog Shire Council Ordinary Meeting Minutes 18 September 2019
Sheet 1 of 4 – 3D view AllGal 10 September 2019 Sheet 2 of 4 – elevations AllGal 10 September 2019 Sheet 3 of 4 – floor plan AllGal 10 September 2019
6. The development shall be undertaken in accordance with the approved plans and any amendments in red by Council.
7. The shed shall not be adapted nor used for habitable, commercial or industrial
purposes without the prior written consent of Council.
Note – Use of a shed/garage or the like, as a dwelling for either part time or a permanent basis, is an offence under the provisions of the Environmental Planning & Assessment Act. Such breaches will result in a Penalty Infringement Notice and the issuing of Orders to vacate/cease the unauthorised use of the building.
8. Roof water from the building shall be conducted to the nominated water storage tanks
and then to a level spreader to allow even dispersion of stormwater. The level spreader shall be located a minimum 3m clear of any property boundaries and 3m clear of any building footings system. Drainage shall be by means of a sealed pipeline having a minimum diameter of 90mm. All roof water drainage works shall be undertaken in accordance with the Building Code of Australia (BCA) Part 3.5.2.
Prior to Commencement of Works 9. Prior to commencement of building works where required a copy of the Home Owners
Warranty insurance or a copy of the Owner Builders permit, shall be submitted to council. Be advised NO INSPECTIONS will be undertaken until the required information is supplied to council where required.
10. Prior to the commencement of work for the construction of the building, it will be
necessary to obtain a Construction Certificate. Where Council is not the Principal Certifying Authority (PCA), the proponent or private certifier shall submit a Construction Certificate to Council prior to building works commencing on the subject allotment.
During Construction
11. There is to be no construction and/or demolition works, including deliveries on or to the site prior to 7.00 am or after 6.00 pm Monday to Friday, prior to 8.00 am and after 6.00 pm Saturday, and prior to 9.00 am and after 4.00 pm Sunday.
12. Approved toilet facilities are to be provided, at or in the vicinity of the work site on
which the work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every twenty (20) persons employed at the site. The provision of toilet facilities in accordance with the Clause must be completed before any other work is commenced.
13. A waste containment facility to Council's requirements is to be provided on the
building site immediately after the first concrete pour for the building and is to be regularly serviced.
Council and the Environmental Protection Authority may issue "on the spot" fines if breaches of the Environmental Offences and Penalties Act, are detected.
Note - your attention is drawn to your responsibility to control any litter arising from building works associated with this consent.
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Dungog Shire Council Ordinary Meeting Minutes 18 September 2019
14. Measures shall be implemented to prevent vehicles tracking sediment, debris, soil
and other pollutants onto any road. 15. ALL EXCAVATED OR FILLED AREAS are to be BATTERED to a slope of not greater
than 45 degrees to the horizontal, or alternatively, be retained by a retaining wall. Where the height of the retaining wall exceeds 1000mm, duplicate copies of structural details, prepared by a practicing Structural Engineer, are to be submitted to and approved by the Principle Certifying Authority prior to their construction. All excavated and filled areas are to be drained to the satisfaction of Council
16. To minimise soil erosion during construction, the owner and builder shall ensure that the following measures are implemented in the sequence outlined:-
(i) A dish shaped diversion drain or similar structure will be constructed above
the proposed house site to divert run-off to a stable discharge area such as an area with a grass cover. (This diversion drain is to be lined with turf or otherwise stabilised if it erodes after rainfall).
(ii) A sediment trapping fence using a geotextile fabric specifically designed for such a purpose and installed to manufacturer's specifications is to be placed below the construction area (eg "silt stop").
(iii) Vegetation is to be cleared from the construction site only; other areas are to remain undisturbed.
(iv) Top soil from the construction site or builders sand is to be stockpiled in a location where it will not be eroded from the site, and is not to be stockpiled on the road reserve.
(v) All erosion control measures will require maintenance after rainfall. They should be retained until the site has fully revegetated.
(vi) If soil or other materials are spilt accidentally onto the road or gutter, they shall be removed prior to the completion of the day's work.
All erosion and sedimentation controls are to be installed in accordance with Council's erosion and sedimentation control policy and code of practice. Failure to implement and maintain all erosion and sedimentation control measures is a breach of the Protection of the Environment Operations Act 1997 and is liable to an on-the-spot fine.
17. ALL BUILDING MATERIALS, plant and equipment is to be placed ON THE
BUILDING SITE. Building materials, plant and equipment (including water closets), are not to be placed on footpaths, roadways, public reserves etc.
Prior to Issue of Occupation Certificate or Use of the building 18. The building shall NOT BE USED OR OCCUPIED until completed and conditions of
consent have been complied with and an Occupation Certificate has been issued. 19. Prior to the release of any occupation certificate all roof water from the building shall
be conducted to the approved disposal system as prescribed by the conditions of this consent.
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Dungog Shire Council Ordinary Meeting Minutes 18 September 2019
OFFICERS RECOMMENDATION: That the proposed boundary adjustment between Lot 18 DP 753206 and Lot 1 DP 219170, No 351 Monkerai Road, be refused subject to the reasons listed in Annexure ‘A’:
Precis: The following report considers Development Application No 128/2018 which seeks development consent for a boundary adjustment between Lot 18 DP 753206 and Lot 1 DP 219170, Monkerai Road, Main Creek.
******** AMENDMENT 1. Defer this report to allow late additional information to be assessed by
Council staff. 2. A report be prepared for the October 2019 Ordinary meeting. Moved: Cr T Norman
Defeated.
The Mayor in accordance with Section 375A of the Local Government Act called for a Division. The Division resulted in 6 for 2 against as follows:
For: Crs: Norman, Lyon, Riley. Against: Crs Rayward, Connors, Booth, Murphy, Low
3. DEVELOPMENT APPLICATION – DA128/2018 2 LOT BOUNDARY ADJUSTMENT, 351 MONKERAI ROAD, MAIN CREEK
FILE NO: DA128/2018
ANNEXURES:
A Reasons for Refusal
B Proposed Subdivision Plan
C Sparke Helmore correspondence
AUTHOR: Senior Town Planner/Development Officer
APPLICANT: Perception Planning Pty Ltd
OWNER: Bartkins Pty Ltd - Mr R I Watkins
PROPOSAL: 2 Lot Boundary Adjustment
LOCATION: LOT: 18 DP: 753206, LOT: 1 DP 219170, No 351 Monkerai Road, Main Creek
ZONE: RU1 Primary Production
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Dungog Shire Council Ordinary Meeting Minutes 18 September 2019
MOTION 38176 That the development application for a boundary adjustment between Lot 18
DP 753206 and Lot 1 DP 219170, No. 351 Monkerai Road, be approved and the matter deferred until the October meeting of Council pending provision of draft conditions of consent by Council staff. Reasons: The applicant has advised that the growing of roses on the land ceased in 1997 and 2002 with the land being used for agriculture since that time. The applicant has further advised that the only chemicals used when the rose farm was in operation were:
Carbaryl (half life of 21 days in soil) Pyrethrum spray (half life in the soil of l0 days) D C Tron oil (classified as non-hazardous) Fusilade (half life in the soil of 60 days) Lime Sulphur (not generally toxic to people, soil or the environment).
No chemicals were used in agriculture other than pour on drenches. The Council is satisfied, from the information supplied by the applicant, that a consideration of the issue of contamination, as required by SEPP 55, has been satisfied with no further investigation required. An assessment under SEPP 44 (Koala Habitat) has been provided to council and no vegetation is to be removed pursuant to the application. All other relevant matters are considered in the assessment report DA 128/2018 (p.29 BP 18 September, 2019)." Moved: Cr S Low AM, Seconded: Cr J Connors.
Carried. The Mayor in accordance with Section 375A of the Local Government Act called for a Division. The Division resulted in 6 for 2 against as follows:
For: Crs Rayward, Connors, Riley, Booth, Murphy, Low. Against: Crs Norman, Lyon.
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Dungog Shire Council Ordinary Meeting Minutes 18 September 2019
Cr Murphy declared an interest in the following report and left the Chambers at 7.17 pm.
OFFICERS RECOMMENDATION: That the report be received and the information noted. Precis: Development Consent has been granted to the following development applications under delegated authority for the month of August 2019.
****** RESOLUTION 38177
That the report be received and the information noted. Moved: Cr S Low AM, Seconded: Cr D Rayward.
Carried.
The Mayor in accordance with Section 375A of the Local Government Act called for a Division. The Division resulted in 7 for 0 against as follows:
For: Crs Norman, Rayward, Connors, Riley, Booth, Low, Lyon.
Cr Murphy returned to the Chambers at 7.23 pm.
4. DEVELOPMENT APPLICATIONS – DELEGATED AUTHORITY & TRACKING
FILE NO: EF 08/228
ANNEXURES: Nil
AUTHOR: Planning Manager
COMMUNITY STRATEGIC PLAN:
Rural & Urban Development - Ensure that our land use planning for the Shire acknowledges the importance of our rural character and agricultural activities.
DELIVERY PROGRAM: 4.2 Processing of Development Applications to ensure the ongoing environmental sustainability of the LGA.
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Dungog Shire Council Ordinary Meeting Minutes 18 September 2019
ENVIRONMENTAL SERVICES DEPARTMENT REPORTS
1. SUCCESSFUL GRANT – EVIRONMENTAL IMPROVEMENTS TO LANDFILLS GRANTS PROGRAM
FILE NO: EF07/58
ANNEXURES: Nil
AUTHOR: Manager Environmental Services
COMMUNITY STRATEGIC PLAN:
Natural Environment
DELIVERY PROGRAM: 6.3.1 Provide an Economical and Environmentally Sustainable Landfill Facility
OFFICERS RECOMMENDATION: That the report be received and the information noted. Precis: The purpose of this report is to advise Council of a successful grant outcome of $46,220 under the Waste Less, Recycle More Landfill Consolidation and Environmental Improvements Grants Program.
********
RESOLUTION 38178
That the report be received and the information noted. Moved: Cr K Murphy, Seconded: Cr G Riley.
Carried.
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Dungog Shire Council Ordinary Meeting Minutes 18 September 2019
INFRASTRUCTURE AND ASSETS DEPARTMENT
OFFICERS RECOMMENDATION: 1. The rental amounts for all 14 Alison Court Units be increased to $337.59 per fortnight
effective 1 December 2019;
2. Residents be provided the necessary notification of such. Precis: The purpose of this report is to recommend increases to the Alison Court rental payments.
********** RESOLUTION 38179
1. The rental amounts for all 14 Alison Court Units be increased to $337.59 per fortnight effective 1 December 2019;
2. Residents be provided the necessary notification of such. Moved: Cr S Low AM, Seconded: Cr J Connors.
Carried.
1. ALISON COURT RENTAL INCREASE
FILE NO: EF07/68
ANNEXURES: Nil
AUTHOR: Executive Manager Infrastructure & Assets
COMMUNITY STRATEGIC PLAN:
Public Infrastructure and Services
DELIVERY PROGRAM: Strategy 6.3 - Aged Accommodation
Page 18
Dungog Shire Council Ordinary Meeting Minutes 18 September 2019
OFFICERS RECOMMENDATION: It is recommended that Council resolve:- 1. That Holcim (Australia) Pty Ltd t/a Humes be awarded this contract as the Single Source
supplier based on Hunter Council’s pricing for the period 1 October 2019 to 30 September 2021; and
2. That a provision be allowed for a 12-month extension based on satisfactory supplier performance, which may take this contract through to 30 September 2022.
Precis:
To provide Council with information regarding the recent Single Source Tender undertaken by Regional Procurement for the Supply and Delivery of Concrete Pipes - Tender T691920HUN.
****** RESOLUTION 38180
1. That Holcim (Australia) Pty Ltd t/a Humes be awarded this contract as the Single Source supplier based on Hunter Council’s pricing for the period 1 October 2019 to 30 September 2021; and
2. That a provision be allowed for a 12-month extension based on
satisfactory supplier performance, which may take this contract through to 30 September 2022.
Moved: Cr J Connors, Seconded: Cr K Murphy.
Carried.
2. REGIONAL PROCUREMENT TENDER FOR THE SUPPLY AND DELIVERY OF CONCRETE PIPES - TENDER T691920HUN
FILE NO: EF08/290
ANNEXURES: Nil
AUTHOR: Executive Manager – Infrastructure & Assets
COMMUNITY STRATEGIC PLAN
Governance and Finance
DELIVERY PROGRAM: Strategy 5 Council undertakes prudent financial management to ensure its long-term viability
Page 19
Dungog Shire Council Ordinary Meeting Minutes 18 September 2019
3. REGIONAL PROCUREMENT TENDER FOR THE SUPPLY AND DELIVERY OF BULK FUEL AND OIL - TENDER T681920HUN
FILE NO: EF08/290
ANNEXURES: Nil
AUTHOR: Executive Manager – Infrastructure & Assets
COMMUNITY STRATEGIC PLAN
Governance and Finance
DELIVERY PROGRAM: Strategy 5 Council undertakes prudent financial management to ensure its long-term viability
OFFICERS RECOMMENDATION: It is recommended that Council resolve:- 1. That Hastings Co-operative Limited be awarded this contract as the Single Source
supplier for Category 1 – Supply and Delivery of Bulk Fuels for the period 1 October 2019 to 30 September 2021; and
2. That a provision be allowed for a 12 month extension based on satisfactory supplier performance, which may take this contract through to 30 September 2022; and
3. That Bracourt Pty Ltd t/a Redpoint be awarded this contract as the Single Source supplier for Category 2 – Supply and Delivery of Oils and Lubricants for the period 1 October 2019 to 30 September 2021;
4. That a provision be allowed for a 12 month extension based on satisfactory supplier performance, which may take this contract through to 30 September 2022.
Precis:
To provide Council with information regarding the recent Single Source Tender undertaken by Regional Procurement for the Supply and Delivery of Bulk Fuel and Oil - Tender T681920HUN.
****** RESOLUTION 38181
1. That Hastings Co-operative Limited be awarded this contract as the Single Source supplier for Category 1 – Supply and Delivery of Bulk Fuels for the period 1 October 2019 to 30 September 2021; and
2. That a provision be allowed for a 12 month extension based on satisfactory supplier performance, which may take this contract through to 30 September 2022; and
3. That Bracourt Pty Ltd t/a Redpoint be awarded this contract as the Single Source supplier for Category 2 – Supply and Delivery of Oils and Lubricants for the period 1 October 2019 to 30 September 2021;
4. That a provision be allowed for a 12 month extension based on satisfactory supplier performance, which may take this contract through to 30 September 2022.
Moved: Cr S Low AM, Seconded: Cr G Riley. Carried.
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Dungog Shire Council Ordinary Meeting Minutes 18 September 2019
4. WORKS PROGRESS REPORT
FILE NO: EF08/208
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 August 2019.
******
RESOLUTION 38182
That the report be received and the information noted. Moved: Cr R Booth, Seconded: Cr J Connors.
Carried.
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Dungog Shire Council Ordinary Meeting Minutes 18 September 2019
CORPORATE & CUSTOMER SERVICES DEPARTMENT
1. STATEMENT OF INVESTMENTS
FILE NO: EF08/220
ANNEXURES: ‘A’ Statement of Investments
AUTHOR: Executive Manager Corporate & Customer 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 38183
The report be received and the information noted. Moved: Cr G Riley, Seconded: Cr D Rayward.
Carried.
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Dungog Shire Council Ordinary Meeting Minutes 18 September 2019
2. WORKS COST STATEMENT
FILE NO: EF08/221
ANNEXURES: A Works Cost Statement
AUTHOR: Senior Finance Officer
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 38184
The report be received and the information noted. Moved: Cr G Riley, Seconded: Cr J Lyon.
Carried.
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Dungog Shire Council Ordinary Meeting Minutes 18 September 2019
3. COUNCILLORS TRAVELLING & OTHER EXPENSES
FILE NO: EF08/222
ANNEXURES: Nil
AUTHOR: Executive Manager Corporate & Customer 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 38185
The report be received and information noted. Moved: Cr G Riley, Seconded: Cr R Booth.
Carried.
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Dungog Shire Council Ordinary Meeting Minutes 18 September 2019
GENERAL MANAGERS REPORTS
1. AUDIT, RISK AND IMPROVEMENT COMMITTEE
FILE NO: EF07/39
ANNEXURES: Nil
AUTHOR: The General Manager
COMMUNITY STRATEGIC PLAN:
Dungog Shire Council Governance & Finance
DELIVERY PROGRAM: 10. Other Council Programs and Activities Supporting Council Governance and Finance
OFFICERS RECOMMENDATION: 1. That the report be received and noted; 2. That the Mayor request that the requirement for Audit, Risk and Improvement Committees be placed on a forthcoming Hunter Joint Organisation meeting agenda to determine opportunities for Committee sharing in the Hunter region. Precis: This report provides information to Council regarding the NSW Local Government Amendment (Governance and Planning) Act 2018 Part 4a requirement for Council to appoint an Audit, Risk and Improvement Committee (ARIC). All NSW Councils are required to appoint an ARIC by March 2021 at the latest. Councils can share ARICs.
****** MOTION 38186
1. That the report be received and noted; 2. That the Mayor request that the requirement for Audit, Risk and Improvement Committees be placed on a forthcoming Hunter Joint Organisation meeting agenda to determine opportunities for Committee sharing in the Hunter region. Moved: Cr G Riley, Seconded: Cr D Rayward.
Carried.
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Dungog Shire Council Ordinary Meeting Minutes 18 September 2019
OFFICERS RECOMMENDATION: THAT: 1. Pursuant to Section 3.34 of the EP&A Act 1979, Council support the draft planning
proposal in respect of 38 Woerdens Road, Clarence Town (Lot 197 DP 752497) being forwarded to the Department of Planning, Industry and Environment for a Gateway Determination
2. The referral to the Department be subject to provisos in relation to required strategic
planning work that were outlined in this report.
Precis: This report considers the merit of a draft planning proposal to amend the Dungog Local Environmental Plan 2014 for the purpose of Residential Development. The intent of the draft planning proposal is to rezone land from RU1 Primary Production to a mix of R5 Large Lot Residential and E3 Environmental Management. **********
2. PLANNING PROPOSAL – AMENDMENT TO DUNGOG LOCAL ENVIRONMENTAL PLAN 2014 – ADDITIONAL PERMITTED USES
FILE NO: RA171/82/46
ANNEXURES: Nil
AUTHOR: Strategic Planner
APPLICANT: Perception Planning Pty Ltd
OWNER: Multiple land Owners
PROPOSAL: Proposed amendments to the Dungog LEP 2014 – rezoning of land from RU1 Primary Production to R5 Large Lot Residential & E3 Environmental Management
LOCATION: 38 Woerdens Road, Clarence Town
ZONE: RU1 Primary Production
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Dungog Shire Council Ordinary Meeting Minutes 18 September 2019
AMENDMENT
38187 THAT: 1. Pursuant to Section 3.34 of the EP&A Act 1979, Council support the draft
planning proposal in respect of 38 Woerdens Road, Clarence Town (Lot 197 DP 752497) being forwarded to the Department of Planning, Industry and Environment for a Gateway Determination
2. The referral to the Department be subject to provisos in relation to
required strategic planning work that were outlined in this report. 3. Council invite the proponent to submit a scope of intended works to expedite the strategic investigation. Moved: Cr D Rayward, Seconded: Cr S Low AM.
Carried.
The Mayor in accordance with Section 375A of the Local Government Act called for a Division. The Division resulted in 6 for 2 against as follows:
For: Crs Rayward, Connors, Riley, Booth, Murphy, Low. Against: Crs Norman, Lyon.
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Dungog Shire Council Ordinary Meeting Minutes 18 September 2019
3. 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.
******** RESOLUTION
38188 That the report be received and the information noted. Moved Cr G Riley, Seconded Cr K Murphy.
Carried.
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Dungog Shire Council Ordinary Meeting Minutes 18 September 2019
4. 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 NSW Office of Local Government.
******** RESOLUTION
38189 That the report be received and the information noted. Moved: Cr G Riley, Seconded: Cr K Murphy.
Carried.
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Dungog Shire Council Ordinary Meeting Minutes 18 September 2019
5. 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
38190 That: 1. Council resolve into Closed Council to consider business identified,
together with any late reports tabled at the meeting 2. Pursuant to Section 10A (1)-(3) of the Local Government Act 1993, the
media and public be excluded from the meeting on the basis that the business to be considered is classified as confidential under the provisions of section 10A (2) as outlined above.
3. Correspondence and reports relevant to the subject business be withheld
from the access to the media and public as required by Section 11 (2) of the Local Government Act 1993.
Moved: Cr G Riley, Seconded: Cr K Murphy.
Carried.
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Dungog Shire Council Ordinary Meeting Minutes 18 September 2019
RECOMMENDATION
That:
1. An open tender be called for the provision of Rural Lands Strategy development consultancy services
2. Expressions of interest be called in community membership of the Rural Lands Strategy Steering Committee
3. Two (2) Councillors be nominated to the Steering Committee
4. An update report on the tender and Steering Committee processes be provided to a future meeting of Council.
Precis:
The purpose of this report is to seek approval of the release of an open tender for the provision of Rural Lands Strategy development consultancy services and the concurrent establishment of a Rural Lands Strategy Steering Committee. *********** AMENDMENT
6. RURAL LANDS STRATEGY
FILE NO: EF08/172
ATTACHMENT: 1. Rural Lands Strategy Brief
ANNEXURES:
A. Steering Committee Timeframes Chart
B. Steering Committee Membership Overview
C. EOI Membership Form
D. Committee Membership Evaluation Sheet
AUTHOR: General Manager
COMMUNITY STRATEGIC PLAN
Rural and Urban Development
DELIVERY PROGRAM Strategy 2: Maintain a long term planning approach that caters for diversity and choice in rural and village living.
38191 That:
1. An open tender be called for the provision of Rural Lands Strategy development consultancy services
2. Expressions of interest be called in community membership of the Rural Lands Strategy Steering Committee
3. Councillors G Riley and J Lyon be nominated to the Steering Committee
4. An update report on the tender and Steering Committee processes be provided to a future meeting of Council.
5. The General Manager be provided with a delegation that allows for editorial changes to the brief as required.
Moved Cr S Low AM, Seconded Cr G Riley. Carried.
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Dungog Shire Council Ordinary Meeting Minutes 18 September 2019
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 38192 That the minutes of the Management Committee Meeting be received and
noted. Moved: Cr R Booth, Seconded: Cr K Murphy.
Carried.
BUSINESS OF AN URGENT NATURE Nil
QUESTIONS WITH NOTICE Nil
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Dungog Shire Council Ordinary Meeting Minutes 18 September 2019
CLOSED COUNCIL MOTION
38193
1. Council resolve into closed council to consider business identified, together with any late reports tabled at the meeting.
2. Pursuant to section 10A(1)-(3) of the Local Government Act 1993, the media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of section 10A(2) of the Local Government Act 1993.
3. The correspondence and reports relevant to the subject business be withheld from access to the media and public as required by section 11(2) of the Local Government Act 1993.
Moved Cr G Riley, Seconded: Cr J Connors. Carried.
Council closed its meeting at 7.54 pm. The public and media left the Chambers.
MOTION
38194
That Council resume the Order of Council business. Moved Cr S Low AM, Seconded: Cr G Riley.
Carried. The Order of Council business resumed at 8.26 pm.
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Dungog Shire Council Ordinary Meeting Minutes 18 September 2019
The following resolutions of Council while the meeting was closed to the public were read to the meeting.
GENERAL MANAGER
1. PLANNING DEPARTMENT REVIEW
FILE NO: EF18/74
ANNEXURES: Nil
AUTHOR: The General Manager
COMMUNITY STRATEGIC PLAN:
Council Governance and Finance
DELIVERY PROGRAM:
Strategy 6: Review of Council’s Workforce Management Plan to ensure Council has the right employees, with the right skills, to deliver the services required by the community, both now and in the future in accordance with the Dungog Shire Council Delivery Program 2018-2022.
Road OFFICERS RECOMMENDATION: THAT:
1. That the report be received and noted; 2. Council endorse the proposed conversion of the 12 month contract Planning position
to a full time Development Officer, this position has a current budget allocation in the 2019/2020.
3. Council approve the creation of a Development Compliance Officer position and note
the on going budget implications for the Planning Department;
4. Council note that the Development Compliance officer position creates an unbudgeted deficit of $80,000 plus on costs for the 2019/2020 financial year.
5. The proposed staff structure be included in forward budget deliberations.
Precis: Reporting Planning Departmental review and a subsequent improvement proposal.
**********
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Dungog Shire Council Ordinary Meeting Minutes 18 September 2019
AMENDMENT THAT:
1. That the report be received and noted; 2. Council endorse the proposed conversion of the 12 month contract
Planning position to a full time Development Officer, this position has a current budget allocation in the 2019/2020.
3. The proposed staff structure be included in forward budget
deliberations. Moved: Cr J Connors, Seconded: Cr S Low AM.
Defeated. The Mayor called for a Division. The Division resulted in 2 for 6 against as follows:
For: Crs: Connors, Low. Against: Crs Norman, Lyon, Rayward, Riley, Booth, Murphy.
MOTION 38195 THAT:
1. That the report be received and noted; 2. Council endorse the proposed conversion of the 12 month contract
Planning position to a full time Development Officer, this position has a current budget allocation in the 2019/2020.
3. Council approve the creation of a Development Compliance Officer
position and note the ongoing budget implications for the Planning Department;
4. Council note that the Development Compliance officer position creates
an unbudgeted deficit of $80,000 plus on costs for the 2019/2020 financial year.
5. The proposed staff structure be included in forward budget
deliberations. Moved: Cr T Norman, Seconded: Cr D Rayward.
Carried. The Mayor called for a Division. The Division resulted in 6 for 2 against as follows:
For: Crs: Norman, Lyon, Rayward, Riley, Booth, Murphy Against: Crs Connors, Low.
Page 35
Dungog Shire Council Ordinary Meeting Minutes 18 September 2019
There being no further business the meeting terminated at 8.27 pm. Confirmed: ................................................
Mayor
Date: ….....................................................
Confirmed: …............................................. General Manager
Date: ........................................................
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