minutes of ordinary meeting of council - wednesday, 21

This is page 1 of the Minutes of the Ordinary Council Meeting held on 21 July 2021 confirmed on 18 August 2021

MINUTES OF ORDINARY COUNCIL MEETING OF THE CESSNOCK CITY COUNCIL HELD IN COUNCIL CHAMBERS ON WEDNESDAY, 21 JULY 2021, COMMENCING AT

6.30 PM

PRESENT: His Worship the Mayor, Councillor R Pynsent (in the Chair) and Councillors Olsen, Doherty, Dunn, Fagg, Stapleford, Suvaal, Fitzgibbon, Gray, Burke, Sander and Lyons.

IN ATTENDANCE: General Manager Director Planning and Environment Director Corporate and Community Services

Director Works and Infrastructure Help Desk Support Officer Corporate Governance Officer

APOLOGY: NIL

MINUTES: MOTION Moved: Councillor Gray

Seconded: Councillor Suvaal 1736 RESOLVED that the Minutes of the Ordinary Meeting of Council held on 16 June 2021, as circulated, be taken as read and confirmed as a correct record. FOR AGAINST Councillor Olsen Councillor Doherty Councillor Dunn Councillor Fagg Councillor Stapleford Councillor Suvaal Councillor Fitzgibbon Councillor Gray Councillor Burke Councillor Sander Councillor Lyons Councillor Pynsent Total (12) Total (0)

CARRIED UNANIMOUSLY


DISCLOSURES OF INTEREST

DISCLOSURES OF INTEREST NO. DI6/2021

SUBJECT: DISCLOSURES OF INTEREST

RECOMMENDATION That Councillors now disclose any interests and reasons for declaring such interest in the matters under consideration by Council at this meeting.

GMU12/2021 – Greater Cessnock Jobs Strategy 2036 – Councillor Burke declared a Non Pecuniary Less Than Significant Interest for the reason that his business has a contract with Cesssnock Business Chamber and they were part of the consultation process. Councillor Burke advised that he would remain in the Chamber and participate in discussion and voting as the conflict has not influenced him in carrying our his public duty because it will not affect the way he votes. WI54/2021 – Adoption of the Advertising on Recreation Grounds Policy – Councillor

Burke declared a Pecuniary Interest for the reason that he sponsors the Cessnock Hornets and Cessnock Goannas which includes signage. Councillor Burke advised that he would leave the chamber and take no part in discussion and voting.


PETITIONS

NIL

ADDRESS BY INVITED SPEAKERS

NIL


CONSIDERATION AND ADOPTION OF ALL REPORTS BY ENGLOBO OR INDIVIDUALLY WITH NOMINATED EXCEPTIONS

MOTION Moved: Councillor Doherty Seconded: Councillor Gray 1737

RESOLVED that having read and considered the reports in the agenda related to items

NI6/2021 Notice of Intention to Deal with matters in Confidential Session. Report No. CC55/2021 – Vineyard Grove Estate - Stage 8 Development and Minutes of the Strategic Property & Community Facilities Committee Meeting held 5 May 2021 Report No. WI63/2021 – Confidential Minutes of the Floodplain Management Committee Meeting held 2 June 2021 ......................... 54

PE38/2021 Draft Policy - Revocation of Dangerous or Menacing Dog Declarations ....................................................................................141

CC49/2021 Tender T2021-03 Provision of Maintenance of Fire Equipment .......160

‡ CC51/2021 September 2021 Local Government Elections - Caretaker Provisions ........................................................................................170

‡ CC53/2021 Investment Report - June 2021 .......................................................182

WI48/2021 Tender T2021-02 Supply of a Landfill Waste Compactor .................235

WI49/2021 Tender T1920-09 Regional Mattress Collection and Processing .....242

WI50/2021 Minutes of the Dollar for Dollar Grants Committee meeting held on

30 June 2021 ..................................................................................250

WI51/2021 Adoption of Waste Management Policy ...........................................252

WI55/2021 Additional Operational Plant Operator .............................................302

WI57/2021 Tender T2021-08 Yango Creek Road Wollombi - Bridge Replacement ...................................................................................314

WI58/2021 Minutes of Roads Review Committee Meeting held on 7 April 2021 324

WI59/2021 Minutes of the Cessnock Local Traffic Committee Meeting held

21 June 2021 ..................................................................................328

‡ WI61/2021 Local Government Road Safety Program ........................................367

WI62/2021 Minutes of the Floodplain Management Committee Meeting held

2 June 2021 ................................................................................... 377

‡ CO12/2021 Road Reclassification - Report WI72/2020 ..................................... 392


Council adopt the recommendations as printed for those items.

FOR AGAINST Councillor Olsen Councillor Doherty Councillor Dunn Councillor Fagg Councillor Stapleford Councillor Suvaal Councillor Fitzgibbon Councillor Gray Councillor Burke Councillor Sander Councillor Lyons Councillor Pynsent Total (12) Total (0)

CARRIED UNANIMOUSLY


NOTICE OF INTENTION TO DEAL WITH MATTERS IN CONFIDENTIAL SESSION

NOTICE OF INTENTION NO. NI6/2021

SUBJECT: NOTICE OF INTENTION TO DEAL WITH MATTERS IN

CONFIDENTIAL SESSION. REPORT NO. CC55/2021 – VINEYARD GROVE ESTATE - STAGE 8 DEVELOPMENT AND MINUTES OF THE STRATEGIC PROPERTY & COMMUNITY FACILITIES COMMITTEE MEETING HELD 5 MAY 2021 REPORT NO. WI63/2021 – CONFIDENTIAL MINUTES OF THE FLOODPLAIN MANAGEMENT COMMITTEE MEETING HELD 2 JUNE 2021

MOTION Moved: Councillor Doherty Seconded: Councillor Gray 1738 RESOLVED

1. That Council considers in Confidential Session the following matters in accordance with Sections 10A (2) (c) & (di) of the Local Government Act 1993:

Report No. CC55/2021 – Vineyard Grove Estate – Stage 8 Development and Minutes of the Strategic Property & Community Facilities Committee Meeting held 5 May 2021 for the reason that it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

Report No. WI63/2021 – Confidential Minutes of the Floodplain Management Committee Meeting held 2 June 2021 for the reasons that it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

2. That Council requests the Mayor in accordance with Clause 14.21 of Councils Code of Meeting Practice to report on these matters to the meeting in Open Session following completion of the Confidential Session.

FOR AGAINST

Councillor Olsen Councillor Doherty Councillor Dunn Councillor Fagg Councillor Stapleford Councillor Suvaal Councillor Fitzgibbon Councillor Gray Councillor Burke Councillor Sander Councillor Lyons Councillor Pynsent Total (12) Total (0)

CARRIED UNANIMOUSLY


MAYORAL MINUTES

MAYORAL MINUTES NO. MM8/2021

SUBJECT: LOWER HUNTER FREIGHT CORRIDOR

MOTION Moved: Councillor Pynsent 1739 RESOLVED 1. That Council supports the concept of the Lower Hunter Freight Corridor.

2. That the General Manager prepares a submission to the project particularly to

the ramifications of the Richmond Vale Rail Trail.

3. That Council supports the co-existence of the Richmond Vale Rail Trail and the Lower Hunter Freight Corridor across the Pambalong Nature Reserve.

FOR AGAINST


CARRIED UNANIMOUSLY


6.38PM Confidential reports (closed session)

MOTION Moved: Councillor Suvaal Seconded: Councillor Gray 1740 RESOLVED that the meeting move into closed session in order to consider confidential items.

FOR AGAINST Councillor Doherty Councillor Olsen Councillor Dunn Councillor Fagg Councillor Stapleford Councillor Suvaal Councillor Fitzgibbon Councillor Gray Councillor Burke Councillor Sander Councillor Lyons Councillor Pynsent Total (11) Total (1)

CARRIED

6.49PM Open Session

The meeting moved back into open session and the General Manager reported on the outcomes.


CORPORATE AND COMMUNITY NO. CC55/2021

SUBJECT: VINEYARD GROVE ESTATE - STAGE 8 DEVELOPMENT AND

MINUTES OF THE STRATEGIC PROPERTY & COMMUNITY FACILITIES COMMITTEE MEETING HELD 5 MAY 2021 This matter is considered to be confidential under Section 10A(2) (c) of the Local Government Act, as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

MOTION Moved: Councillor Suvaal Seconded: Councillor Gray 1741 RESOLVED 1. That Council proceed to stage two of the expressions of interest process and

invite Select Tenders for unconditional acquisition of Council land, Lot 1210 DP 1102977 (Vineyard Grove Estate - Stage 8 residential land).

2. That the Minutes of the Strategic Property and Community Facilities Committee of 5 May 2021 be adopted as a resolution of the Ordinary Council.


CARRIED UNANIMOUSLY


WORKS AND INFRASTRUCTURE NO. WI63/2021

SUBJECT: CONFIDENTIAL MINUTES OF THE FLOODPLAIN MANAGEMENT

COMMITTEE MEETING HELD 2 JUNE 2021 This matter is considered to be confidential under Section 10A(2) (c) of the Local Government Act, as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

MOTION Moved: Councillor Suvaal Seconded: Councillor Burke 1742 RESOLVED 1. That the Minutes of the Confidential Floodplain Management Committee of

2 June 2021 be adopted as a resolution of the Ordinary Council. 2. FLOCLM9/2021

That Council ascertain Austar Mine’s and Hunter Water’s interest in

investigating the opportunity to repurpose Austar Mine infrastructure for groundwater reuse and flood mitigation.

3. FLOCLM10/2021

(i) That the General Manager writes on behalf of Council to Subsidence

Advisory NSW seeking a response to Council’s request for the preparation of the South Cessnock Flood Mitigation Scheme Funding Agreement.

(ii) That that Council notes the successful National Flood Mitigation

Infrastructure Program grant application. (iii) That Council notes ongoing funding negotiations with Hunter Water.


CARRIED UNANIMOUSLY


MOTIONS OF URGENCY

MOTIONS OF URGENCY NO. MOU6/2021

SUBJECT: MOTIONS OF URGENCY

RECOMMENDATION

That Councillors now indicate if there are any matters of urgency which they believe should be conducted at this meeting of Council.

Councillor Burke

1. That Council notes its concern about the number of people leaving Greater Sydney for work purposes, who are potentially putting residents of the Cessnock LGA at further risk of Covid-19.

2. That the General Manager writes to the Premier of NSW Hon Gladys Berejiklian, Minister for Health Hon Brad Hazzard, and Minister for Police Hon David Elliot, requesting the following:

a. That the NSW Government review current COVID-19 orders where Greater Sydney residents only have to prove they have had a COVID test and not a negative result before leaving Greater Sydney to work in the Cessnock LGA.

b. An increase of police patrols in the Cessnock and Hunter Regions to prevent people coming from Greater Sydney without a valid reason under the NSW Government’s Public Health (COVID-19 Temporary Movement and Gathers Restrictions) Order 2021.

3. That the General Manager writes to the Prime Minister of Australia Hon Scott Morrison, and Treasurer Josh Frydenburg, requesting further financial support be provided to workers like Job Keeper to prevent them having to unnecessarily leave Greater Sydney for work.


CARRIED

The Urgency Motion was PUT and CARRIED and will be dealt with at the conclusion of the listed matters on the Business Paper.


GENERAL MANAGER'S UNIT

GENERAL MANAGER'S UNIT NO. GMU12/2021

SUBJECT: GREATER CESSNOCK JOBS STRATEGY 2036

Councillor Burke declared a Non Pecuniary Less Than Significant Interest for the reason that his business has a contract with Cesssnock business Chamber and they were part of the consultation process. Councillor Burke remained in the Chamber and participated in discussion and voting.

MOTION Moved: Councillor Fitzgibbon Seconded: Councillor Sander 1743 RESOLVED 1. That Council adopts the Greater Cessnock Jobs Strategy 2036, as exhibited,

with the amendments outlined in this report.

2. That Council adopts the Economic Growth Agenda, as exhibited, with the amendments outlined in this report.

3. That the General Manager bring a report back to Council every 6 months on

the progress/delivery of identified opportunities outlined in the Greater Cessnock Jobs Strategy 2036 and the Economic Growth Agenda.

FOR AGAINST


CARRIED UNANIMOUSLY


PLANNING AND ENVIRONMENT

PLANNING AND ENVIRONMENT NO. PE36/2021

SUBJECT: DEVELOPMENT APPLICATION NO. 8/2020/21005/1 PROPOSING:

PHASE 1 - TWO (2) LOT TORRENS TITLE SUBDIVISION PHASE 2 - ATTACHED DUAL OCCUPANCY PHASE 3 - STRATA SUBDIVISION OF ATTACHED DUAL OCCUPANCY 57 BARTON STREET, KURRI KURRI

MOTION Moved: Councillor Gray Seconded: Councillor Suvaal 1744 RESOLVED

1. That:

(i) Development Application No. 8/2020/21005/1 proposing development in three phases, beginning with a Torrens title subdivision on the existing property to create two lots, an attached single storey dual occupancy and a proposed vacant lot which is to be strata title subdivided following completion of construction at 57 Barton Street Kurri Kurri be approved pursuant to Sections 4.16 and 4.17 of the Environmental Planning and Assessment Act 1979 subject to the conditions contained in this report.

(ii) The reasons for the decision (having regard to any statutory

requirements applying to the decision), are as follows:

The proposal is a permitted land use in the R3 Medium Density Zone

under the Cessnock Local Environmental Plan 2011;

The proposal is consistent with the objectives of the R3 Medium Density Zone under the Cessnock Local Environmental Plan 2011;

The proposal is consistent with the relevant State Environmental Planning Policies;

The proposal is generally compliant with the relevant provisions under the Cessnock Development Control Plan 2010, with the variations considered to be justified;

The proposal incorporates adequate measures to ensure the development does not result in any adverse impacts on the natural and built environment;

The proposal will not result in any adverse social or economic impacts;

The site is considered suitable for the proposed development; and


The development proposal is considered to maintain the public interest.

(iii) In considering community views, the following is relevant:

The development proposed will have an acceptable impact on the amenity of the area.

Some of the concerns in respect to the development will be

addressed by the conditions of consent.

Concern about devaluation and the alignment of the boundary fence are not considerations relevant to determine the application.

(iv) The details contained above be publicly notified pursuant to Section 2.22 and Clause 20(2) of Schedule 1 of the Environmental Planning and

Assessment Act 1979

2. That Council notify in writing the persons who made a submission with regard to the proposed development, of Council’s decision.

CONDITIONS OF CONSENT

Conditions Applying to all Phases of the Development

TERMS OF CONSENT

1. Approved Plans and Documents

Development must be carried out strictly in accordance with DA No. 8/2020/21005/1 and the following plans and supplementary documentation, except where amended by the conditions of this consent.

Plan Reference Drawn By Dated

Project No. 20078 Drawing No. DA000 Issue D - Cover Page

Elk Designs

1 April 2021

Project No. 20078 Drawing No. DA020 Issue D - Demolition Plan

Elk Designs

1 April 2021

Project No. 20078 Drawing No. DA030 Issue D - Site Plan Phase 1

Elk Designs

1 April 2021


Elk Designs

1 April 2021



Elk Designs

1 April 2021

Project No. 20078 Drawing No. DA035 Issue D - Overall Site Coverage Plan

Elk Designs

1 April 2021

Project No. 20078 Drawing No. DA040 Issue D - Perspectives

Elk Designs

1 April 2021

Project No. 20078 Drawing No. DA100 Issue D - Ground Floor

Elk Designs

1 April 2021

Project No. 20078 Drawing No. DA150 Issue D - Roof Plan

Elk Designs

1 April 2021

Project No. 20078 Drawing No. DA300 Issue D - Elevations

Elk Designs

1 April 2021

Project No. 20078 Drawing No. DA301 Issue D - Elevations

Elk Designs

1 April 2021

Project No. 20078 Drawing No. DA350 Issue D - External Finishes

Elk Designs

1 April 2021

Project No. 20078 Drawing No. DA500 Issue D - Sections

Elk Designs

1 April 2021

Job No. ALAN091020 Sheet 2 of 3 Landscape Plan

Elk Designs

26 November 2020

Plan of Proposed Two (2) Lot Torrens Title Subdivision Reference: 2020110 DP1

Duggan Mather Surveyors

22 June 2021

Plan of Subdivision of Proposed Lot 132 Reference: 2020110 SP1


22 June 2021

Plan of Subdivision of Proposed Lot 132 Reference: 2020110 SP1


15 December 2020


In the event of any inconsistency between the approved plans and supplementary documentation, the plans will prevail.

2. Phasing of development

The development must be undertaken in the following phasing sequence:

Phase 1 – Two (2) Lot Torrens Title Subdivision;

Phase 2 – Attached Dual Occupancy;

Phase 3 – Strata Title Subdivision of Attached Dual Occupancy.

3. CC, PC & Notice Required

In accordance with the provisions of Section 6.6 and 6.7 of the EP&A Act 1979

construction works approved by this consent must not commence until:

a) A CC has been issued by a Certifier (being Council or a registered certifier); and

b) A PC has been appointed by the person having benefit of the development

consent; and

c) If Council is not the PC, notify Council no later than two (2) days before building work commences as to who is the appointed PC; and

d) At least two (2) days before commencement of building work, the person having benefit of the development consent is to notify Council as to the intention to commence building work.

4. BCA Compliance

Pursuant to Section 4.17(11) of the EP&A Act 1979 all building work must be carried out in accordance with the requirements of the BCA.

5. BASIX Certificate

Development shall be undertaken strictly in accordance with all commitments specified in the current BASIX certificate.

PRIOR TO COMMENCEMENT OF WORKS

The following conditions are to be complied with prior to the commencement of works on the subject site/s: 6. PC Signage and Contact Details

Prior to the commencement of works, a sign must be erected in a prominent position on the site on which the proposal is being carried out. The sign must state:

a) Unauthorised entry to the work site is prohibited.

b) The name of the principal contractor (or person in charge of the site) and a telephone number on which that person may be contacted at any time for business purposes and including outside working hours.


c) The name, address and telephone number of the PC for the work.

Any such sign must be maintained while the work is being carried out, but must be removed when the work has been completed.

7. Home Building Act Requirements

Pursuant to Section 4.17(11) (cf previous s 80A) of the EP&A Act 1979, where the

development involves residential building work for which the Home Building Act 1989 requires a contract on insurance to be in force in accordance with Part 6 of that Act, building work authorised by this consent must not commence until such a contract of insurance has been obtained and is in force. Residential building work must not be carried out unless the PC for the development to which the work relates (not being the council) has given the council written notice of the following information:

a) in the case of work for which a principal contractor is required to be appointed:

i) the name and licence number of the principal contractor, and

ii) the name of the insurer by which the work is insured under Part 6 of that Act

b) in the case of work to be done by an owner-builder:

i) the name of the owner-builder, and

ii) 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 required by (a) or (b) becomes out of date, further work must not be carried out unless the principal certifier for the development to which the work relates has given the council written notice of the updated information. This condition does not apply in relation to Crown building work that is certified, in accordance with Section 6.28 of the Act, to comply with the technical provisions of the State’s building laws.

8. Toilet Facilities

Toilet facilities are to be provided prior to works commencing, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site.

Each toilet provided must be a sewage management facility approved by the NSW Department of Health and/or Council, and operate in an environmentally responsible manner, free of nuisance or offence, and be appropriately serviced.

9. Relocation of Services

The registered proprietor of the land shall be responsible for all costs incurred in the necessary relocation of any services affected by the required construction works. Council and other service authorities should be contacted for specific requirements prior to commencement of any works.


10. Public Liability Insurance

Any person or contractor undertaking works on public property must take out Public Risk insurance with a minimum cover of twenty (20) million dollars in relation to the occupation of, and approved works within, public property. The Policy is to note, and provide protection for Cessnock City Council as an interested party, and a copy of the Policy must be submitted to Council prior to commencement of the works. The Policy must be valid for the entire period that the works are being undertaken on public property. The insurance shall also note the location and the risk.

11. Section 138 Roads Act

Under Section 138 of the Roads Act 1993, should any work on the verge, footpath, or public road reserve be required, a S138 Roads Act Approval will need to be obtained from Council. In this regard, the applicant is to make a formal application to Council. The S138 application is to be submitted to, and approved by, Council prior to works commencing.

DURING WORKS

The following conditions are to be complied with during works:

12. Construction Hours

Excavation, building or subdivision work must be restricted to the hours of 7.00am and 5.00pm on Monday to Saturday inclusive. No work is to be carried out on Sundays and public holidays.

13. Road – Obstruction of Footpath Restriction

No obstruction is to be caused to Council's footpaths, roads and/or other public areas during construction of the development. No spoil, building materials, excavated or demolition material from the site shall be stored or deposited on the public road, footpath, public place or Council owned property, without prior approval of Council.

14. Erosion and Sediment Controls

The control of erosion, and the prevention of silt discharge into drainage systems and waterways, will be necessary in accordance with Council’s “Engineering Requirements for Development”, and Landcom’s Soils and Construction Manual - April 2004. Erosion control measures are to be implemented prior to the commencement of any earthworks, and shall be maintained until satisfactory completion and restoration of site earthworks, including revegetation of all exposed areas.

15. Protection of Street Trees


No trees on public property (footpaths, road reserves, etc) are to be removed or damaged during construction, including for the erection of any fences, hoardings or other temporary works, unless specifically approved in this consent.

16. Stormwater Runoff

Alterations to the natural surface contours must not impede or divert natural surface water runoff, so as to cause a nuisance to adjoining property owners.

17. Waste Management

Rubbish generated from the development is to be suitably contained on site at all times. No rubbish shall be stockpiled in a manner which facilitates the rubbish to be blown off site.

18. Building Materials on Site

All building materials, plant and equipment are 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.

Phase 1 Two (2) Lot Torrens Title Subdivision

PRIOR TO THE ISSUE OF A SUBDIVISION WORKS CERTIFICATE The following conditions are to be complied with, to the satisfaction of the Principal Certifying Authority, prior to issue of a Subdivision Works Certificate (SWC).

19. Long Service Levy

In accordance with Section 34 of the Building and Construction Industry Long Service Payments Act 1986, the applicant must pay a long service levy at the prescribed rate

to either the Long Service Payments Corporation or Council for any work costing $25,000 or more. The Long Service Levy is payable prior to the issue of a CC.

20. Road – Access Construction

The registered proprietor of the land shall construct a concrete access road within the access handle of proposed Lot 132 in accordance with Council’s ‘Engineering Requirements for Development’ to serve the subdivision. The plans submitted are to demonstrate compliance with this requirement and be approved by the CA prior to the issue of a SWC.

21. Stormwater – Detention Requirement

The registered proprietor of the land is to provide a detailed drainage design prepared for the disposal of roof and surface water from the site and to include any natural runoff currently entering the property. Details shall include on-site storage, the method of


controlled release from the site, and connection to an approved drainage system in accordance with Council’s ‘Engineering Requirements for Development’. The stormwater detention facility is to be located within the boundaries of the site to reduce the peak stormwater discharge from the developed lot to that of the peak stormwater discharged from the undeveloped lot for all storm events from the 1 in 1 year to the 1 in 100 year Average Recurrence Interval (ARI) storm event. Detailed plans, specifications and copies of the calculations, including existing and proposed surface levels, sub-catchments and conduit sizing appropriate for the development, shall be prepared by a suitably qualified engineer, experienced in the field of hydrology and hydraulics. The plans submitted are to demonstrate compliance with this requirement and be approved by the CA prior to the issue of a SWC.

22. Parking – Minimum Requirement

On-site car parking shall be provided for a minimum of one (1) vehicle for proposed Lot 131 as detailed on the development plans in accordance with Council's Development Control Plan. The plans submitted in association with the CC application are to demonstrate compliance with this requirement. The plans are to be approved by the Certifier as satisfying this requirement prior to the issue of a CC.

PRIOR TO ISSUE OF A SUBDIVISION CERTIFICATE 23. Requirement for a Subdivision Certificate

Prior to the issue of a SC, the applicant shall submit an original plan of subdivision

plus six (6) copies for Council’s endorsement. The plan of subdivision must show street names and house numbering as allocated by Council. The following details are also to be submitted: a) Evidence that all conditions of Development Consent have been satisfied. b) Evidence of payment of all relevant fees. c) Lot numbers to correspond with street numbering. d) All surveyor’s or engineer’s certification required by the Development Consent.

24. Section 7.11 Contributions Payable

A contribution pursuant to the provisions of Section 7.11 of the EP&A Act 1979 for the

services detailed and for the amount detailed must be made to Council prior to the issue of a CC:

Fee Type

Code

Contribution Type Amount Payable

805 Open Space and Recreation Facilities $2,411.91 806 Community Facilities $1,550


807 Cycleway Facilities $1,262.67 808 Roads and Traffic $1,117 809 Plan Administration $95.05 Total $6,436.99

A copy of Council’s City Wide Infrastructure Contributions Plan 2020 may be inspected at Council’s Customer Services Section, Administration Building, Vincent Street, Cessnock or can be accessed on Council’s website at www.cessnock.nsw.gov.au. The amount of contribution payable under this condition has been calculated at the date of consent. In accordance with the provisions of the Contributions Plan, this amount shall be indexed at the time of actual payment in accordance with the Consumer Price Index. Indexation of contributions for payment occurs quarterly.

25. All Services Provided Within Lots

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 the issue of a SC.

26. Roads – Concrete Crossing

The registered proprietors shall construct and maintain two (2) concrete access crossings from the kerb and gutter in Barton Street to the property boundary, in accordance with Council’s “Engineering Requirements for Development” and AS 2890.1. A S138 Roads Act approval is required from Council prior to any construction

commencing within the road reserve. The access crossing is required to be constructed prior to the issue of a SC.

Construction of the crossing will require inspections to be undertaken by Council. The applicant shall pay Council engineering site supervision fees in accordance with Council’s current fees and charges, prior to the inspections being undertaken. The initial fee will facilitate approval of the application and one (1) construction inspection (steel and formwork inspection). A final inspection will be required upon completion of the driveway and restoration of all disturbed footway areas. (A separate fee will be required to be paid when the final inspection is booked.) Should further inspections become necessary as a result of unsatisfactory or defective works, additional inspection fees will be charged in accordance with Council’s current Fees & Charges. The applicant is to advise Council at least 48 hours prior to inspection of works within the footpath and/or road reserve.

27. Car Parking

The car parking area for proposed Lot 131 is to be completed in accordance with the approved plans prior to issue of the SC.

28. Parking – Kerb/Dwarf Walls

http://www.cessnock.nsw.gov.au/


Kerbing or dwarf walls, having a minimum height of 150mm, shall be constructed along the edge of all garden areas, or lawn areas adjacent to driveways and parking bays, sufficient to discourage the encroachment of vehicles thereon. Construction shall be completed prior to the issue of an SC.

29. Completion of Access Road

The concrete access road within the access handle of proposed Lot 132 is to be completed prior to issue of SC.

30. Section 50 – Hunter Water Board (Corporation) Act 1991 Evidence shall be submitted to Council that the registered proprietors of the land on

whose behalf the application was made have complied with the requirements of Section 50 of the Hunter Water Board (Corporation) Act 1991. Such evidence shall be submitted to Council prior to the release of the final plan of survey for the subdivision and the SC.

31. Telecommunications

Prior to the issue of SC the developer must provide documentary evidence to the CA

that the telecommunications carrier is satisfied that the fibre ready facilities are fit for purpose and an agreement has been made with the carrier for the provision of fixed-line telecommunications infrastructure in the fibre-ready facilities to all premises/individual lots.

32. Provision of Utilities

The applicant shall submit to Council evidence that the requirements of an energy supplier authority have been met in regard to the provision of these services to each lot within the approved subdivision. Such evidence shall be submitted to Council prior to release of the SC.

33. Clothes Drying Facilities

Prior to the issue of a SC, the registered proprietors of the land must provide evidence to the PC, that an external clothes line with a minimum of 20 metres hanging length,

has been installed for the existing dwelling on Proposed Lot 131. 34. Fencing

Prior to issue of the SC, high solid fencing is to be erected around the rear and side boundaries of proposed Lot 131 and 132, to be a height of 1.8 metres. The fencing to be undertaken in accordance with the Dividing Fences Act 1991.

35. Landscaping

Prior to issue of the SC landscaping associated with the existing dwelling on

proposed Lot 131 is to be completed in accordance with the approved landscape plan.

Phase 2


Attached Dual Occupancy

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE 36. Registration of Land

Documentary evidence to be provided, to demonstrate that the subdivision approved in Phase 1 of this consent ise registered prior to the issue of a CC.

37. Long Service Levy

In accordance with Section 34 of the Building and Construction Industry Long Service Payments Act 1986, the applicant must pay a long service levy at the prescribed rate

to either the Long Service Payments Corporation or Council for any work costing $25,000 or more. The Long Service Levy is payable prior to the issue of a CC.

38. Section 7.11 Contributions Payable

A contribution pursuant to the provisions of Section 7.11 of the EP&A Act 1979 for the

services detailed and for the amount detailed must be made to Council prior to the issue of a CC:

Fee

Type Code

Contribution Type Amount Payable

805 Open Space and Recreation Facilities $2,411.91 806 Community Facilities $1,550 807 Cycleway Facilities $1,262.67 808 Roads and Traffic $1,117 809 Plan Administration $95.05 Total $6,436.99

A copy of Council’s City Wide Infrastructure Contributions Plan 2020 may be inspected at Council’s Customer Services Section, Administration Building, Vincent Street, Cessnock or can be accessed on Council’s website at www.cessnock.nsw.gov.au. The amount of contribution payable under this condition has been calculated at the date of consent. In accordance with the provisions of the Contributions Plan, this amount shall be indexed at the time of actual payment in accordance with the Consumer Price Index. Indexation of contributions for payment occurs quarterly.

39. Stormwater

A detailed drainage design shall be prepared for the disposal of roof and surface water from the site, including any natural runoff currently entering the property, and connection to the existing drainage system in accordance with Council’s ‘Engineering Requirements for Development’ (available at Council’s offices). Such layout shall include existing and proposed surface levels, sub-catchments and conduit sizing appropriate for the development. The plans submitted in association with the CC application are to demonstrate

compliance with this requirement. The plans are to be approved by the Certifier as satisfying this requirement prior to the issue of a CC.

40. Eastern Elevation Windows

http://www.cessnock.nsw.gov.au/


Prior to issue of the CC, the CC plans are to stipulate the windows on the eastern

elevation of the building are to be frosted. PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE 41. All Services Provided

Certification that all services as required (eg water supply, gas, electricity, telephone, sewer), are available to the site, shall be submitted to the PC prior to issue of an OC.

42. Parking – Completion

Car parking areas shall be completed prior to the issue of an OC.

43. Drainage Works

All drainage works required to be undertaken in accordance with this consent shall be completed prior to issue of an OC for the development.

44. Landscaping and Fencing

Prior to issue of the OC, all landscaping and fencing is to be completed in accordance with the approved development plans.

45. Clothes Drying Facilities

Prior to the issue of an OC, the registered proprietors of the land shall provide evidence to the PC, that a clothes drying facility has been installed for each dwelling on proposed

Lot 132.

Phase 3 Strata Subdivision of Attached Dual Occupancy

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE The following conditions are to be complied with, to the satisfaction of the Principal Certifier, prior to issue of an Occupation Certificate (as specified within the condition): 46. Requirement for a Subdivision Certificate

Prior to the issue of a SC, the applicant shall submit an original plan of subdivision in an

electronic format for Council’s endorsement. The plan of subdivision must show street names and house numbering as allocated by Council. The following details are also to be submitted:

a) Evidence that all conditions of th is Development Consent have been satisfied

and an OC issued for Phase 2 of the development for the attached dual

occupancy.


b) Evidence of payment of all relevant fees.

c) All surveyor’s or engineer’s certification required by the Development Consent.

d) Lot numbers to correspond with street numbering.

e) A copy of the final OC issued for phase 2 of the development for the attached dual

occupancy.

All parking spaces and common property, including visitor car parking spaces and onsite detention facilities must be included on the final plan of subdivision.

ONGOING USE 47. Driveways to be maintained

All access crossings and driveways shall be maintained in good order for the life of the development.

FOR AGAINST


CARRIED UNANIMOUSLY



SUBJECT: REVIEW OF COUNCILS PARKING ENFORCEMENT POLICY

MOTION Moved: Councillor Burke Seconded: Councillor Suvaal 1745 RESOLVED 1. That Council revokes the adopted Parking Enforcement Policy. 2. That Council note that the six month grace period for the three metre rule will

continue until the 17 August 2021.

3. That Council deletes point 7.8.1(e) from the Compliance and Enforcement Policy if the Parking Enforcement Policy is revoked.

4. That the General Manager write to the State Member for Cessnock, Mr Clayton

Barr, MP outlining the revoking of this Policy for the reasons that: “Council staff have identified no unintended consequences if the Parking Enforcement Policy is revoked as parking enforcement is covered by other existing legislation”.

FOR AGAINST


CARRIED UNANIMOUSLY



SUBJECT: DRAFT POLICY - REVOCATION OF DANGEROUS OR MENACING

DOG DECLARATIONS

MOTION Moved: Councillor Doherty Seconded: Councillor Gray 1746 RESOLVED That Council adopts the Revocation of Dangerous or Menacing Dog Declarations Policy.

FOR AGAINST


CARRIED UNANIMOUSLY



SUBJECT: AMENDMENT TO THE CESSNOCK DEVELOPMENT CONTROL PLAN

2011 - TREE MANAGEMENT

MOTION Moved: Councillor Doherty Seconded: Councillor Suvaal 1747 RESOLVED 1. That Council pursuant to clause 18 of the Environmental Planning and

Assessment Regulation 2000, exhibit the proposed amendments to the Cessnock Development Control Plan 2011 for a period of 28 days.

2. That Council receive a further report following public exhibition of the Cessnock Development Control Plan 2011.

FOR AGAINST


CARRIED UNANIMOUSLY



SUBJECT: CITY WIDE LOCAL INFRASTRUCTURE PLAN, PLANNING

AGREEMENTS AND CONTRIBUTIONS REGISTER

MOTION Moved: Councillor Suvaal Seconded: Councillor Gray That Council notes the information contained within this report relating to a breakup of the Citywide Contributions Plan by Section 7.11 per current development and Voluntary Planning Agreements per development, and what is being done to have a public register available for the public to access to a “City Wide Register of Contributions”.

PROCEDURAL MOTION Moved: Councillor Stapleford

Seconded: Councillor Fitzgibbon 1748 RESOLVED That the report be deferred to come back in a simpler form.

FOR AGAINST

Councillor Olsen Councillor Suvaal Councillor Doherty Councillor Pynsent Councillor Dunn Councillor Fagg Councillor Stapleford Councillor Fitzgibbon Councillor Gray Councillor Burke Councillor Sander Councillor Lyons Total (10) Total (2)

CARRIED


CORPORATE AND COMMUNITY


SUBJECT: TENDER T2021-03 PROVISION OF MAINTENANCE OF FIRE

EQUIPMENT

MOTION Moved: Councillor Doherty Seconded: Councillor Gray 1749 RESOLVED 1. That Council accepts United Safety & Survivability Corporation Pty Ltd tender

for T2021-03 - Provision of Maintenance of Fire Equipment.

2. That Council notes the contract term for T2021-03 - Provision of Maintenance

of Fire Equipment is 1 August 2021 to 30 June 2024 (3 years) with an option for 2 x 1 year extensions based on satisfactory contractor performance.

FOR AGAINST


CARRIED UNANIMOUSLY



SUBJECT: RENAMING OF THE CESSNOCK PERFORMING ARTS CENTRE

MOTION Moved: Councillor Stapleford Seconded: Councillor Suvaal 1750 RESOLVED 1. That Council notes the investigation for renaming the Cessnock Performing

Arts Centre (CPAC) and it being inclusive of both performance and fine arts. 2. That the Cessnock Performing Arts Centre have a change in name from

Cessnock Performing Arts Centre (CPAC) to Performance, Arts, Culture, Cessnock (PACC).

FOR AGAINST


CARRIED



SUBJECT: SEPTEMBER 2021 LOCAL GOVERNMENT ELECTIONS -

CARETAKER PROVISIONS

MOTION Moved: Councillor Doherty Seconded: Councillor Gray 1751 RESOLVED That Council notes that the caretaker period prior to the 2021 local government elections commences Friday 6 August 2021 and ends Saturday 4 September 2021.

FOR AGAINST


CARRIED UNANIMOUSLY



SUBJECT: SEPTEMBER 2021 LOCAL GOVERNMENT ELECTIONS -

ELECTORAL MATTER & USE OF COUNCIL RESOURCES

MOTION Moved: Councillor Suvaal Seconded: Councillor Burke 1752 RESOLVED That Council notes the obligations of Councillors, staff and candidates in relation to the use of Council resources and electoral material in the lead up to the September 2021 Local Government Elections.

FOR AGAINST


CARRIED UNANIMOUSLY



SUBJECT: INVESTMENT REPORT - JUNE 2021

MOTION Moved: Councillor Doherty Seconded: Councillor Gray 1753 RESOLVED That Council receives the Investment Report for June 2021 and notes that:

Investments are held in accordance with Council’s Investment Policy, which accords with the Ministerial Investment Order.

Council’s month end balance was $54,388,548, year to date interest earned to 30 June was $354,621 and interest earned for June 2021 was $17,688.


CARRIED UNANIMOUSLY



SUBJECT: RESOLUTIONS TRACKING REPORT

MOTION Moved: Councillor Doherty Seconded: Councillor Burke 1754 RESOLVED That Council receives the report and notes the information in the Resolutions Tracking Report.


CARRIED UNANIMOUSLY


WORKS AND INFRASTRUCTURE


SUBJECT: LOCAL ROADS AND COMMUNITY INFRASTRUCTURE PROGRAM -

PHASE 3

MOTION Moved: Councillor Gray Seconded: Councillor Stapleford 1755 RESOLVED That Council endorses the following projects for submission under the Australian Government Local Roads and Community Infrastructure Program - Phase 3: 1. Heddon Greta and Cliftleigh Suburb Entrance Signs ($40,000) 2. Kurri Kurri CBD Upgrade ($800,000) 3. Road Reseals ($1,290,798)

FOR AGAINST


CARRIED UNANIMOUSLY



SUBJECT: ECONOMIC GROWTH AGENDA - INFRASTRUCTURE PRIORITIES

MOTION Moved: Councillor Burke Seconded: Councillor Gray 1. That Council endorses the creation of a Economic Growth Agenda –

Infrastructure Priorities that includes the following:

a. Funding for Local Road network to renew condition 4 and/or 5 assets b. Fund concept plans for the northern and southern Cessnock CBD By-

Pass c. Upgrade Wollombi Road between Bellbird and Cessnock to a four lane,

two way corridor d. Fund a purpose built netball precinct at Booth Park, Kurri Kurri e. Upgrade Maitland Road between Cessnock and East Cessnock Public

School to a four lane, two way corridor f. Widening Main Road to four lanes between Cliftleigh and Kurri Kurri

CBD g. Fund the construction of Richmond Vale Rail Trail h. Resolve the Richmond Main legacy mining issues by funding site

remediation works

2. That the General Manager create the Economic Growth Agenda –

Infrastructure Priorities based on the topics listed in recommendation 1.

AMENDMENT Moved: Councillor Stapleford Seconded: Councillor Olsen 1. That Council endorses the creation of a Economic Growth Agenda –

Infrastructure Priorities that includes the following:


Pass c. Upgrade Wollombi Road between Bellbird and Cessnock and Maitland

Road between Cessnock and East Cessnock Public School to a four lane, two way corridor as one divided into four stages

d. Fund a purpose built netball precinct at Booth Park, Kurri Kurri e. Widening Main Road to four lanes between Cliftleigh and Kurri Kurri

CBD f. Fund the construction of Richmond Vale Rail Trail g. Resolve the Richmond Main legacy mining issues by funding site

remediation works

2. That the General Manager create the Economic Growth Agenda –

Infrastructure Priorities based on the topics listed in recommendation 1.


FOR AGAINST Councillor Stapleford Councillor Olsen Councillor Doherty Councillor Dunn Councillor Fagg Councillor Suvaal Councillor Fitzgibbon Councillor Gray Councillor Burke Councillor Sander Councillor Lyons Councillor Pynsent Total (1) Total (11)

The Amendment was PUT and LOST.

The Motion was then PUT and CARRIED.

MOTION Moved: Councillor Burke Seconded: Councillor Gray 1756 RESOLVED

1. That Council endorses the creation of a Economic Growth Agenda – Infrastructure Priorities that includes the following:


Pass c. Upgrade Wollombi Road between Bellbird and Cessnock to a four lane,

two way corridor d. Fund a purpose built netball precinct at Booth Park, Kurri Kurri e. Upgrade Maitland Road between Cessnock and East Cessnock Public

School to a four lane, two way corridor f. Widening Main Road to four lanes between Cliftleigh and Kurri Kurri

CBD g. Fund the construction of Richmond Vale Rail Trail h. Resolve the Richmond Main legacy mining issues by funding site

remediation works

2. That the General Manager create the Economic Growth Agenda – Infrastructure Priorities based on the topics listed in recommendation 1.


FOR AGAINST

Councillor Doherty Councillor Olsen Councillor Dunn Councillor Fagg Councillor Stapleford Councillor Suvaal Councillor Fitzgibbon Councillor Gray Councillor Burke Councillor Sander Councillor Lyons Councillor Pynsent Total (11) Total (1)

CARRIED



SUBJECT: TENDER T2021-02 SUPPLY OF A LANDFILL WASTE COMPACTOR

MOTION Moved: Councillor Doherty Seconded: Councillor Gray 1757 RESOLVED That Council accepts the tender from Tutt-Bryant Pty Ltd for the sum of of $694,000 (excl GST) for tender T2021-02 Supply of a Landfill Waste Compactor


CARRIED UNANIMOUSLY



SUBJECT: TENDER T1920-09 REGIONAL MATTRESS COLLECTION AND

PROCESSING

MOTION Moved: Councillor Doherty Seconded: Councillor Gray 1758 RESOLVED 1. That Council accepts Soft Landing Mattress Recycling Pty Ltd tender for

T1920-09 - Regional Mattress Collection and Processing. 2. That Council notes the contract term for T1920-09 – Regional Mattress

Collection and Processing is for (3 years) with an option for 2 x 1 year extensions based on satisfactory contractor performance.

FOR AGAINST


CARRIED UNANIMOUSLY



SUBJECT: MINUTES OF THE DOLLAR FOR DOLLAR GRANTS COMMITTEE

MEETING HELD ON 30 JUNE 2021

MOTION Moved: Councillor Doherty Seconded: Councillor Gray 1759 RESOLVED 1. That the Minutes of the Dollar for Dollar Grants Committee of 30 June 2021 be

adopted as a resolution of the Ordinary Council.

2. DOLCLM4/2021 2.1 That Council Revokes the resolution to allocation of $5,650 to the Water

Tower Refurbishment Project.

2.2 That Council allocates $2,652 to the mowers, shelves and defibrillator project.

2.3 That Council allocates $2,008 toward the Mural on Weston Civic Centre.

2.4 That Council acknowledges that the balance of the original allocation ($990) will be returned to Council from the Weston Heritage and Tidy Towns Committee.

FOR AGAINST


CARRIED UNANIMOUSLY



SUBJECT: ADOPTION OF WASTE MANAGEMENT POLICY

MOTION Moved: Councillor Doherty Seconded: Councillor Gray 1760 RESOLVED That Council adopts the Waste Management Policy

FOR AGAINST


CARRIED UNANIMOUSLY



SUBJECT: ESTABLISHMENT OF NETBALL COURTS AT BOOTH PARK KURRI

KURRI

MOTION Moved: Councillor Burke Seconded: Councillor Gray 1761 RESOLVED 1. That Council notes the information provided regarding the development of a

business case and associated plans and studies for the construction of a new netball facility at Booth Park, Kurri Kurri.

2. That Council consider developing 12 netball courts during the development of

the Concept Plan.

FOR AGAINST


CARRIED UNANIMOUSLY



SUBJECT: REZONING AND RECLASSIFICATION OF VARTY PARK AND

WESTON BEARS PARK MASTERPLAN

MOTION Moved: Councillor Olsen Seconded: Councillor Suvaal 1. That Council not move the Weston Junior Football Club from Varty Park. 2. That when funding becomes available Council, in consultation with Weston

Seniors, get a new Masterplan for the senior ground.

AMENDMENT Moved: Councillor Suvaal Seconded: Councillor Gray That Council notes the information contained within the report in regards to the site meeting held with Weston Junior Football Club and Weston Bears Football Club regarding the Weston Bears Park Masterplan, and proposed rezoning and reclassification of Varty Park.

Councillor Dunn left the meeting, the time being 7.52pm

Councillor Dunn returned to the meeting, the time being 7.53pm

FOR AGAINST Councillor Dunn Councillor Olsen Councillor Fagg Councillor Doherty Councillor Suvaal Councillor Stapleford Councillor Fitzgibbon Councillor Gray Councillor Burke Councillor Sander Councillor Lyons Councillor Pynsent Total (9) Total (3)

The Amendment was PUT and CARRIED and as such became the Motion. FURTHER AMENDMENT Moved: Councillor Stapleford

Seconded: Councillor Olsen 1. That Council not move the Weston Junior Football Club from Varty Park.

2. That the Masterplan for Weston Bears Park be added to the 2021/2022

Operational Plan and be grant funding dependent.


8.00pm MOTION Moved: Councillor Dunn Seconded: Councillor Fitzgibbon 1762 RESOLVED that the motion be laid on the table and will be continued after Council deals with BN16/2021 – Removal of Varty Park from Rezoning and Reclassification Planning Proposal.

FOR AGAINST


CARRIED 8.50pm Council moved back to consider this item. FURTHER AMENDMENT Moved: Councillor Stapleford

Seconded: Councillor Olsen 1. That Council not move the Weston Junior Football Club from Varty Park.

2. That the Masterplan for Weston Bears Park be added to the 2021/2022

Operational Plan and be grant funding dependent.

The Further Amendment was withdrawn by Councillor Stapleford.

MOTION Moved: Councillor Dunn Seconded: Councillor Gray 1763 RESOLVED 1. That Council notes the information contained within the report in regards to

the site meeting held with Weston Junior Football Club and Weston Bears Football Club regarding the Weston Bears Park Masterplan, and proposed rezoning and reclassification of Varty Park.

2. The General Manager report back to Council on the ramifications of this report

on the Weston Bears Park Masterplan.


FOR AGAINST


CARRIED UNANIMOUSLY



SUBJECT: ADOPTION OF THE ADVERTISING ON RECREATION GROUNDS

POLICY

Councillor Burke declared a Pecuniary Interest for the reason that he sponsors the Cessnock Hornets and Cessnock Goannas which includes signage. Councillor Burke left the chamber and took no part in discussion and voting. Councillor Burke left the meeting, the time being 8.01pm

MOTION Moved: Councillor Suvaal Seconded: Councillor Gray 1764 RESOLVED That Council adopts the revised Advertising on Recreation Grounds Policy.

FOR AGAINST

Councillor Olsen Councillor Doherty Councillor Dunn Councillor Fagg Councillor Stapleford Councillor Suvaal Councillor Fitzgibbon Councillor Gray Councillor Sander Councillor Lyons Councillor Pynsent Total (11) Total (0)

CARRIED UNANIMOUSLY Councillor Burke returned to the meeting, the time being 8.01pm



SUBJECT: ADDITIONAL OPERATIONAL PLANT OPERATOR

MOTION Moved: Councillor Doherty Seconded: Councillor Gray 1765 RESOLVED That Council endorses the appointment of one additional plant operator and associated plant.


CARRIED UNANIMOUSLY



SUBJECT: CESSNOCK CBD BYPASSES - REPRIORITISATION OF

OPERATIONAL PLAN 2021-22

MOTION Moved: Councillor Suvaal Seconded: Councillor Dunn 1766 RESOLVED 1. That Council notes the availability of $132,000 of repealed development

contributions to part fund preparation of the Concept Plan for the Cessnock CBD Bypasses;

2. That Council notes in Report WI47/2021 that Council will be seeking grant opportunities to fund concept plans for the northern and southern Cessnock CBD Bypass;

3. That Council brings forward the review of the Cessnock LGA Traffic and Transport Strategy and Concept Plan for the Cessnock CBD Bypasses by including it in the Operational Plan 2021/22 with funding allocated as outlined in point 4;

4. That Council allocates funding (if grant opportunities are not available as noted in point 2) by using $132,000 of repealed developer contributions, and $793,000 from the profits from the sale of stage 8 of Vineyard Grove Estate and 62-76 Cessnock Street, Aberdare.

5. That Council endorses investigation and liaison into suitability of the Austar / South Maitland Railways railway corridor for the City’s future transport needs.

The meeting ceased due to technology difficulties, the time being 8.15pm The meeting resumed at 8.22pm


CARRIED



SUBJECT: TENDER T2021-08 YANGO CREEK ROAD WOLLOMBI - BRIDGE

REPLACEMENT

MOTION Moved: Councillor Doherty Seconded: Councillor Gray 1767 RESOLVED That Council accepts the tender from Saunders Civilbuild Pty Ltd in the lump sum amount of $1,206,367 (including GST) for T2021-08 – Yango Creek Road Bridge Replacement.

FOR AGAINST


CARRIED UNANIMOUSLY



SUBJECT: MINUTES OF ROADS REVIEW COMMITTEE MEETING HELD ON 7

APRIL 2021

MOTION Moved: Councillor Doherty Seconded: Councillor Gray 1768 RESOLVED That the Minutes of the Roads Review Committee Meeting held on 7 April 2021 be adopted as a resolution of the Ordinary Council.

FOR AGAINST


CARRIED UNANIMOUSLY



SUBJECT: MINUTES OF THE CESSNOCK LOCAL TRAFFIC COMMITTEE

MEETING HELD 21 JUNE 2021

MOTION Moved: Councillor Doherty Seconded: Councillor Gray 1769 RESOLVED That the Minutes of the Cessnock Local Traffic Committee Meeting of 21 June 2021 be adopted as a resolution of the Ordinary Council. 1. TC30/2021 - That Council authorises installation of regulatory parking signage

on Vincent Street, Cessnock in accordance with the Vincent Street Cessnock _ Amended Signage Diagram.

2. TC31/2021 - That Council authorises installation of a pedestrian refuge and

associated signage and line marking on Abbottsford and Kalingo Streets, Bellbird in accordance with the Abbottsford & Kalingo Street Bellbird - Signage & Line Marking Diagram.

3. TC32/2021 - That Council authorises installation of regulatory line marking on

Barton Street, Kurri Kurri, in accordance with the Barton Street Kurri Kurri _ Signage and Line Marking Diagram.

4. TC33/2021 - That Council authorises installation of regulatory parking and

intersection controls on various roads within Huntlee, in accordance with Various Roads Huntlee – Amended Signage & Line Marking Diagram.

5. TC34/2019 - That Council authorises installation of regulatory parking signage

and line marking on John Rose Avenue, Branxton, in accordance with the John Rose Avenue Branxton _ Signage & Line Marking Diagram.

FOR AGAINST


CARRIED UNANIMOUSLY



SUBJECT: MAITLAND LANE, CESSNOCK - COMMUNITY CONSULTATION

REGARDING REGULATORY TRAFFIC CONTROLS

MOTION Moved: Councillor Suvaal Seconded: Councillor Burke 1770 RESOLVED That Council adopts Item TC22/2021 of the Minutes of the Cessnock Local Traffic Committee Meeting held 19 April 2021 being:

That Council authorises the installation of One Way restrictions, and regulatory parking signage on Maitland Lane, Cessnock in accordance with Maitland Lane, Cessnock Signage Diagram authorises the installation of One Way restrictions and regulatory parking signage on Maitland Lane, Cessnock in accordance with Maitland Lane, Cessnock _ Signage Diagram.


CARRIED



SUBJECT: LOCAL GOVERNMENT ROAD SAFETY PROGRAM

MOTION Moved: Councillor Doherty Seconded: Councillor Gray 1771 RESOLVED That Council notes the information on the Local Government Road Safety Program contained in this report.


CARRIED UNANIMOUSLY



SUBJECT: MINUTES OF THE FLOODPLAIN MANAGEMENT COMMITTEE

MEETING HELD 2 JUNE 2021

MOTION Moved: Councillor Doherty Seconded: Councillor Gray 1772 RESOLVED 1. That the Minutes of the Floodplain Management Committee of 2 June 2021 be

adopted as a resolution of the Ordinary Council. 2. FLOCLM11/2021 (i) That the General Manager writes on behalf of Council to the Hunter

Joint Organisation seeking support for a pricing review of the NSW Stormwater Levy.

(ii) That the General Manager writes on behalf of Council to the Floodplain

Management Association seeking advocacy on a pricing review for the NSW Stormwater Levy.

(iii) That Council submits a motion to the Local Government NSW

Conference seeking an increase in the NSW Stormwater Levy. 3. FLOCLM13/2021 (i) That Council adopts the Cessnock City Wide Flood Study. (ii) That the General Manager updates relevant flood mapping and

associated property notifications for flood related development controls, planning certificates and flood certificates.

(iii) That Council applies for a Floodplain Management grant in 2022 for an

overland flood study to replace the Cessnock City Wide Flood Study in urban catchments.

4. FLOCLM15/2021 (i) That Council investigates flood marker signage requirements for

bridges and culverts. (ii) That Council allocates $50,000 (from the Strategic Asset Planning

budget) in 2021-2022 to identify and prioritise the location of new flood marker signs.

(iii) That the Committee receives a report on the outcomes of the

consultancy. 5. FLOCLM16/2021


(i) That Council starts the recruitment process for a new Floodplain Management Committee following the September 2021 Council Elections.

(ii) That Council notes the Floodplain Management Committee meetings of

1 September and 1 December 2021 be rescheduled to a single meeting on 3 November 2021.

(iii) That Council recognise the community members of the Floodplain

Management Committee for commitment, knowledge and skills brought to the Committee.

FOR AGAINST


CARRIED UNANIMOUSLY


BUSINESS OF WHICH WRITTEN NOTICE HAS BEEN GIVEN

BUSINESS WITH NOTICE NO. BN16/2021

SUBJECT: REMOVAL OF VARTY PARK FROM REZONING AND

RECLASSIFICATION PLANNING PROPOSAL

MOTION Moved: Councillor Suvaal Seconded: Councillor Sander 1773 RESOLVED 1. That Council acknowledges the objections by the community of Weston and

the Weston Junior Football Club to Varty Park Weston being considered for rezoning and reclassification from community to operational land in the Planning Proposal 18/2019/1 – Rezoning and Reclassification.

2. That the General Manager, pursuant to Section 3.35 of the Environmental

Planning and Assessment Act 1979, vary Planning Proposal 18/2019/1/1 - proposed rezoning and reclassification of Council owned land - by excluding the proposed rezoning and reclassification of 85 Swanson Street Weston, known as Varty Park.

FOR AGAINST


CARRIED UNANIMOUSLY

8.50pm Council Moved back to Item WI53/2021 – Rezoning and Reclassification of Varty Park and Weston Bears Park Masterplan.



SUBJECT: SUPPORTING SECURE LOCAL JOBS

MOTION Moved: Councillor Suvaal Seconded: Councillor Burke 1774 RESOLVED

1. That Council notes the need for more secure, stable jobs in our community,

especially during the current Covid-19 pandemic, so that people can choose to live and work in our LGA;

2. That Council requests the General Manager to continue to actively apply for

grant funding for local projects, which creates extra work in our LGA;

3. That Council notes the high quality of works undertaken recently by our local

work teams on recent projects like the Bridges Hill Park and the Gingers Lane / Hart Road projects and the value that having a strong local workforce brings to our community;

4. That Council notes Council’s Procurement Policy which states “Council

prefers to buy from local suppliers and contractors where possible, as this supports Council's local economic development initiatives”;

5. That the General Manager continue to hold and promote “Doing business with

Council” programs to ensure local businesses are aware of Council’s tender process and how they can apply to undertake work for Council; and

6. That the General Manager bring back a report to Council within 4 months on how Council could update its policies to better protect local jobs, including ensuring no forced redundancies of Council’s local workforce due to the use of contractors.


CARRIED



SUBJECT: CESSNOCK NETBALL COMPLEX

MOTION Moved: Councillor Fitzgibbon Seconded: Councillor Burke 1775 RESOLVED That the General Manager report back to Council on:- 1. The condition of the Cessnock Netball Complex, including identified upgrades

and repairs.

2. The cost of the identified upgrades and repairs.

3. Potential funding options including grant opportunities to complete the works.

FOR AGAINST


CARRIED



SUBJECT: EAST BRANXTON FOOTPATH CYCLEWAY PROJECT

MOTION Moved: Councillor Sander Seconded: Councillor Fitzgibbon 1776 RESOLVED That the General Manager bring back a report to the new Council for the East Branxton Footpath/Cycleway to be added to the Strategic Plan.

FOR AGAINST Councillor Dunn Councillor Olsen Councillor Fagg Councillor Doherty Councillor Stapleford Councillor Suvaal Councillor Fitzgibbon Councillor Gray Councillor Burke Councillor Sander Councillor Lyons Councillor Pynsent Total (10) Total (2)

CARRIED


CORRESPONDENCE

CORRESPONDENCE NO. CO12/2021

SUBJECT: ROAD RECLASSIFICATION - REPORT WI72/2020

MOTION Moved: Councillor Doherty Seconded: Councillor Gray 1777 RESOLVED That Council notes the correspondence from the Member for Cessnock Clayton Barr MP, in relation to Council’s request for support seeking for MR181 – from the Central Coast Council boundary to Wollombi then via Millfield and Bellbird to Allandale Road at Cessnock 52.4km – to be transferred to State from regional road status.

FOR AGAINST


CARRIED UNANIMOUSLY


COUNCILLORS REPORTS

NIL MATTER OF URGENCY Moved: Councillor Burke

Seconded: Councillor Suvaal 1778

RESOLVED 1. That Council notes its concern about the number of people leaving Greater

Sydney for work purposes, who are potentially putting residents of the Cessnock LGA at further risk of Covid-19.

2. That the General Manager writes to the Premier of NSW Hon Gladys Berejiklian,

Minister for Health Hon Brad Hazzard, and Minister for Police Hon David Elliot, requesting the following:

b. That the NSW Government review current COVID-19 orders where

Greater Sydney residents only have to prove they have had a COVID test and not a negative result before leaving Greater Sydney to work in the Cessnock LGA.

c. An increase of police patrols in the Cessnock and Hunter Regions to

prevent people coming from Greater Sydney without a valid reason under the NSW Government’s Public Health (COVID-19 Temporary Movement and Gathers Restrictions) Order 2021.

3. That the General Manager writes to the Prime Minister of Australia Hon Scott

Morrison, and Treasurer Josh Frydenburg, requesting further financial support be provided to workers like Job Keeper to prevent them having to unnecessarily leave Greater Sydney for work.

FOR AGAINST


CARRIED


The Meeting Was Declared Closed at 9.21pm CONFIRMED AND SIGNED at the meeting held on 18 August 2021

…………………………………………………………CHAIRPERSON

……………………………………………GENERAL MANAGER