minutes of the ordinary meeting of upper hunter … · recommendation that council endorse the...

of 148 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 27 October 2014 MAYOR GENERAL MANAGER

MINUTES OF THE ORDINARY MEETING OF UPPER HUNTER SHIRE COUNCIL HELD ON MONDAY 27 OCTOBER 2014 IN THE COUNCIL CHAMBERS COMMENCING AT 5.00pm

PRESENT: Cr Michael Johnsen, Cr Wayne Bedggood, Cr Peter Bishop, Cr Lorna Driscoll, Cr Ron Campbell, Cr Deirdre Peebles, Cr Lee Watts and Cr Kiwa Fisher. APOLOGIES: RESOLVED that the apologies received from Cr Maurice Collison be accepted and leave of absence granted.

Moved: Cr D Peebles Seconded: Cr R Campbell CARRIED IN ATTENDANCE: Mr Waid Crockett (General Manager), Mr Steve Pryor (Director Corporate Services), Mr Mathew Pringle (Director Environmental Services), Mr Alan Fletcher (Director Technical Services), Ms Daele Healy (Communications and Community Engagement) and Miss Shinead Taylor (Administrative Assistant). ADOPTION OF MINUTES: RESOLVED that the minutes of the extraordinary and ordinary Council meetings held on 22 September 2014 be adopted.

Moved: Cr D Peebles Seconded: Cr W Bedggood CARRIED RESOLVED that the minutes of the extraordinary Council meeting held on 17 October 2014 be adopted.

Moved: Cr D Peebles Seconded: Cr L Driscoll CARRIED DECLARATIONS OF INTEREST: Nil PUBLIC PARTICIPATION: Nil MAYORAL MINUTES: Nil NOTICE OF MOTIONS: Nil QUESTIONS WITHOUT NOTICE: Cr Lee Watts Read an email from resident Mark Curtis regarding traffic safety concerns at the scone traffic lights. Mark raised the issue of drivers not obeying the red arrow when pedestrians are crossing the road. Cr Watts asked for action on Mark’s behalf.

Response: The Mayor advised that Mark’s email would be passed directly onto a RMS representative at a meeting to be held on 30 October 2014.


Cr Wayne Bedggood Asked whether Council had plans to use current state funding which is available to offer reduced microchipping, desexing and registration fees for pound animals.

Response: Director Environmental Services advised that Council, in conjunction with a local vet, have applied for the grant funding, and a program will be devised pending the result of the application.

Cr Ron Campbell Asked whether the need for recent tar patching on the approach to the Cuan Bridge was caused by the same structural problems originally repaired by the bridge builders.

Response: Director Technical Services advised that he believed the recent work was caused by some minor settling, and not structural issues, however he will have it inspected.


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COMMITTEE/DELEGATES REPORTS .................................................................................. 4

C.10.1 FINANCE COMMITTEE ............................................................................................................ 4 C.10.2 MERRIWA AGED HOSTEL COMMITTEE .................................................................................... 5 C.10.3 AUSTRALIA DAY COMMITTEE - NOMINATION ........................................................................... 8 C.10.4 MURRURUNDI AUSTRALIA DAY WORKING PARTY .................................................................. 11 C.10.5 DARTBROOK COMMUNITY CONSULTATIVE COMMITTEE ......................................................... 14 C.10.6 DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE ................................................... 18 C.10.7 HERITAGE ADVISORY COMMITTEE ........................................................................................ 32 C.10.8 WORKS AND TECHNICAL SERVICES COMMITTEE ................................................................... 36 C.10.9 COMMUNITY SERVICES COMMITTEE ..................................................................................... 41

DEVELOPMENT REPORTS ................................................................................................. 53

D.10.1 DRAFT VOLUNTARY PLANNING AGREEMENT ......................................................................... 53

ENVIRONMENT/HEALTH REPORTS................................................................................... 70

E.10.1 APPLICATION FOR THE DECLARATION OF AN ALCOHOL FREE ZONE - MERRIWA...................... 70

GENERAL ADMINISTRATION REPORTS ........................................................................... 74

G.10.1 PAMADA COMMUNITY CONSULTATIVE COMMITTEE ............................................................... 74 G.10.2 CODE OF CONDUCT COMPLAINTS STATISTICS REPORT 2014 ................................................ 77 G.10.3 SPONSORSHIP - 2015 CASSILIS RODEO ............................................................................... 82 G.10.4 AGENCY INFORMATION GUIDE - GOVERNMENT INFORMATION (PUBLIC ACCESS) ACT 2009 .... 86 G.10.5 DISCLOSURES OF INTEREST RETURNS ............................................................................... 100 G.10.6 NSW PUBLIC LIBRARY FUNDING CAMPAIGN - FURTHER ACTION NEEDED ............................ 103 G.10.7 OFFICE CLOSURE - CHRISTMAS / NEW YEAR ...................................................................... 107 G.10.8 2015 LOCAL PUBLIC HOLIDAY - SCONE CUP ...................................................................... 110 G.10.9 REQUEST TO WAIVE FEES - INTERSCHOOL CHALLENGE FIELD AND FARM SAFETY DAY ........ 118

POLICY MATTERS ............................................................................................................. 121

H.10.1 POLICY ON COUNCILLOR EXPENSES AND FACILITIES .......................................................... 121 H.10.2 COUNCIL POLICY - SECTION 356 GENERAL DONATIONS ..................................................... 137

STAFF/RESOURCES REPORTS ................................................................................... ….143

K.10.1 QUESTIONS WITH/WITHOUT NOTICE .................................................................................. 143

CONFIDENTIAL REPORTS ................................................................................................ 145

G.10.1 TENDER - CLEANING OF COUNCIL BUILDINGS ..................................................................... 145 G.10.2 TENDER T221415 - PROVISION OF LINE MARKING .............................................................. 146 G.10.3 SUPPLY OF ELECTRICITY FOR CONTESTABLE SITES AND STREET LIGHTING ......................... 147 G.10.1 TENDER T291415HUN - SUPPLY & DELIVERY OF ROAD BASE MATERIAL ........................... 148

Report To Ordinary Council Meeting 27 October 2014

Corporate Services


COMMITTEE/DELEGATES REPORTS

C.10.1 FINANCE COMMITTEE

RESPONSIBLE OFFICER: Steve Pryor - Director Corporate Services

AUTHOR: Wayne Phelps - Finance Manager

RECOMMENDATION That Council endorse the report recommendations of the Finance Committee meeting held on Friday, 24 October 2014.

BACKGROUND The Finance Committee meets prior to each monthly Council Meeting to consider the Financial Summary Reports, the Cash and Investment Report, and the Responsible Accounting Officer’s Statement. REPORT/PROPOSAL The next meeting of the Finance Committee has been called for Friday, 24 October 2014 and recommendations from that meeting will be presented to Council.

ATTACHMENTS

Nil.

RESOLVED that Council endorse the report recommendations of the Finance Committee meeting held on Friday, 24 October 2014.

Moved: Cr P Bishop Seconded: Cr W Bedggood CARRIED


Corporate Services


C.10.2 MERRIWA AGED HOSTEL COMMITTEE


AUTHOR: Shinead Taylor - Administrative Assistant

RECOMMENDATION That Council endorse the minutes of the Merriwa Aged Hostel Committee meeting held on 13 October 2014.

BACKGROUND The Merriwa Aged Hostel Committee provides advice and recommendations to Council in relation to the provision of a 16 bed low care aged facility in Merriwa. Minutes of the meeting are included as Attachment 1. REPORT/PROPOSAL The Committee meets every two months looking at the operational and financial aspects of the facility.

ATTACHMENTS

1 Merriwa Aged Hostel Committee - 13 October 2014 - Minutes

RESOLVED that Council endorse the minutes of the Merriwa Aged Hostel Committee meeting held on 13 October 2014.

Moved: Cr D Peebles Seconded: Cr L Driscoll CARRIED

ATTACHMENT NO: 1 - MERRIWA AGED HOSTEL COMMITTEE - 13 OCTOBER 2014 - MINUTES ITEM NO: C.10.2


MINUTES OF THE MERRIWA AGED HOSTEL COMMITTEE MEETING OF THE UPPER HUNTER SHIRE COUNCIL HELD ON MONDAY 13 OCTOBER 2014 IN THE ACTIVITIES ROOM, GUMMUN PLACE HOSTEL COMMENCING AT 3.30pm

PRESENT: Cr Deirdre Peebles, Mr Barry Ghersi, Mrs Margaret Witney, Mr Ross Bishop and Mrs Maree Goodear.

IN ATTENDANCE: Mr Steve Pryor, Mrs Suzanne Duggan, Mrs Daphne Booth, Mrs Beryl Wake and Mrs Phyllis Davidson.

1. APOLOGIES

RECOMMENDATION

That the apologies received from Mrs Leone Williams, Mrs Jan Cronin, Mrs Rose Witney and Miss Phoebe Richard be accepted. Moved: M Goodear Seconded: M Witney CARRIED

2. DISCLOSURE OF INTEREST

Nil 3. PREVIOUS MINUTES

RECOMMENDATION TO COUNCIL:

That the Record of Proceedings of the Merriwa Aged Hostel Committee Meeting held on 11 August 2014, as circulated, be taken as read and confirmed as a correct record. Moved: R Bishop Seconded: B Ghersi CARRIED 4. BUSINESS ARISING FROM PREVIOUS MINUTES

Nil 5. AGENDA ITEMS

5.1 Hostel Supervisor’s Report a) Vacancies – 1 b) Outdoor Furniture – purchased from fund raising funds at a cost of $1,400. Residents happy

with new furniture. c) Pendant System – Supervisor and Community Services Officer attended Rotary meeting to

discuss requirements. d) Street Stall – to be held 7 November 2014. e) Residents – spending more time outdoors with warmer weather. f) Staff – 3 new casuals appointed.

ATTACHMENT NO: 1 - MERRIWA AGED HOSTEL COMMITTEE - 13 OCTOBER 2014 - MINUTES ITEM NO: C.10.2


5.2 Treasurer’s Report a) Report on Provider Assist details of comparisons to other facilities provided. Emphasis being

placed on some area where Hostel is lower than averages. b) Current year finances are looking OK. One vacancy will impact if room not filled shortly.

Expenditure is looking fine, electricity accounts now up to fate and the removal of carbon tax will result in approximately $3,500 savings.

c) Audited Financial Statements – Copies of Audited Financial Statements for Hostel provided to the committee. Negative result for 2013/14 which is hoped to be turned around for 2014/15.

6. CORRESPONDENCE Outgoing

Letter of thanks to the Rotary Club of Merriwa for their donation towards the pendant system. Letter of thanks to Merriwa Bushman’s Campdraft and Rodeo Association for their $500

donation Letter of thanks to Edith Shipway for her service to the Merriwa Aged Hostel Committee and

acceptance of her resignation Sympathy Card for Suzanne Duggan

7. GENERAL BUSINESS

ACTIONS FOR THE COMMITTEE: Overview of Hostel’s meetings to be presented to Rotary after each meeting Sympathy card from Committee to Rose Witney Acknowledgement to Patsy Jacobs for work at Hostel and this to be a practice for future long

term staff that leave Acknowledgement of Community Services Officer Merriwa marriage from the committee New Minister (Glen Hughes) will come to Hostel on Friday 17 October 2014 to meet

residents Annual letters of thanks to volunteers from the committee

8. NEXT MEETING Monday 8 December 2014, 3.30pm in the Activities Room, Gummun Place Hostel. The meeting was declared closed at 4.25PM.


Office of General Manager


C.10.3 AUSTRALIA DAY COMMITTEE - NOMINATION


AUTHOR: Robyn Cox - Executive Personal Assistant

PURPOSE The purpose of this report is to endorse the nomination received from a community member to join the Scone & Aberdeen Districts Australia Day Committee.

RECOMMENDATION That Council endorse the nomination received from Mrs Beryl Bates to be appointed to the Scone & Aberdeen District Australia Day Committee.

BACKGROUND The Scone & Aberdeen Districts Australia Day Committee was established to oversee the planning and provision of Australia Day activities. REPORT/PROPOSAL Mrs Beryl Bates is the recipient of the 2014 Upper Hunter Shire Citizen of the Year Award and was invited to join the Scone & Aberdeen District Australia Day Committee. Beryl’s nomination was received on 16 October 2014. Beryl has been involved in many oganisations within the Shire, volunteering her time to support the community. Some of this involvement includes: Organising the St Luke’s Debutante Ball for many years President and Catering Secretary for St Luke’s Women’s Guild Booking Officer and Secretary for the Bunnan Memorial Hall Committee Treasurer of the Trustees of the Bunnan Recreation Reserve Secretary and Publicity Officer for Westpac Rescue Helicopter Service Scone Support

Group For a number of years now Beryl and her family have been sponsors of the Young Citizenship awards for the Shire. OPTIONS 1. Endorse the nomination received from Mrs Beryl Bates to be appointed to the Scone &

Aberdeen District Australia Day Committee. 2. Note endorse the nomination received from Mrs Beryl Bates to be appointed to the

Scone & Aberdeen District Australia Day Committee CONSULTATION

Community Services Manager




Director Corporate Services STRATEGIC LINKS a. Community Strategic Plan 2013+ SOCIAL 2) Promote wellbeing, through health, education, recreation and culture for a healthy, vibrant

and fulfilling life for our community. 8. Connect our communities through activities and events, online technologies and

infrastructure. b. Delivery Program To promote citizenship and celebrate Australia Day and other national days as appropriate to Upper Hunter Shire community. c. Other Plans NIL IMPLICATIONS a. Policy and Procedural Implications GOVERNANCE – POLICY – Code of Meeting Practice for Council Committees. b. Financial Implications Nil c. Legislative Implications Nil d. Risk Implications Nil e. Other Implications Nil CONCLUSION The Committee would welcome Mrs Beryl Bates onto the Scone & Aberdeen District Australia Day Committee.

ATTACHMENTS

There are no enclosures for this report




RESOLVED that Council endorse the nomination received from Mrs Beryl Bates to be appointed to the Scone & Aberdeen District Australia Day Committee.

Moved: Cr L Watts Seconded: Cr L Driscoll CARRIED


Corporate Services


C.10.4 MURRURUNDI AUSTRALIA DAY WORKING PARTY

RESPONSIBLE OFFICER: Kerri Cone - Manager Community Services

AUTHOR: Heather Ranclaud - Community Services Officer - Murrurundi

RECOMMENDATION That Council endorse the minutes of the Murrurundi Australia Day Working Party meeting held on 15 September 2014.

BACKGROUND The Murrurundi Australia Day Working Party is a Section 355 Committee of Council responsible for the coordination of Australia Day celebrations in Murrurundi. REPORT/PROPOSAL The Murrurundi Australia Day Working Party met to discuss preliminary plans for the 2015 celebrations.

ATTACHMENTS

1 Australia Day Working Party - Murrurundi District - 15 September 2014 - Minutes

RESOLVED that Council endorse the minutes of the Murrurundi Australia Day Working Party meeting held on 15 September 2014.

Moved: Cr L Driscoll Seconded: Cr W Bedggood CARRIED

ATTACHMENT NO: 1 - AUSTRALIA DAY WORKING PARTY - MURRURUNDI DISTRICT - 15 SEPTEMBER 2014 - MINUTES

ITEM NO: C.10.4


MINUTES OF THE AUSTRALIA DAY WORKING PARTY - MURRURUNDI DISTRICT MEETING OF THE UPPER HUNTER SHIRE COUNCIL HELD ON MONDAY 15 SEPTEMBER 2014 AT MURRURUNDI LIBRARY MEETING ROOM COMMENCING AT 5.30pm

PRESENT: Cr Wayne Beddgood, Mr Cameron Smith, Mr Marty Wilson, Mrs Gwen Alchin, Mrs Carmel Hughes.

IN ATTENDANCE: Mrs Heather Ranclaud 1. APOLOGIES

RECOMMENDATION

That the apology received from Cr Lee Watts be accepted.

2. DISCLOSURE OF INTEREST Nil declared 3. PREVIOUS MINUTES

RECOMMENDATION

That the Minutes of the Murrurundi Australia Day Working Party meeting held

20 January 2014 be taken as read and confirmed as a correct record.

Moved: Mrs Gwen Alchin Seconded: Mrs Carmel Hughes Carried

4. BUSINESS ARISING FROM PREVIOUS MINUTES-Nil 5. AGENDA ITEMS

5.1 Election of Chairperson:

RECOMMENDATION

That Mr Cameron Smith be appointed Chairperson of the Working Party

Moved: Mr Marty Wilson Seconded: Mrs Carmel Hughes Carried

5.2 Awards, Parade and Games in 2015 Members agreed that all events will be held on Monday 26 January 2015. Request nominations be promoted in the October Links. Discussion on new components included fireworks and pig races. Agreed: the new component in 2015 will be a cricket match to be held after the awards ceremony and before the parade and games. Face painting to be included in 2015. Invite Chris Bowman to lead the parade.

ATTACHMENT NO: 1 - AUSTRALIA DAY WORKING PARTY - MURRURUNDI DISTRICT - 15 SEPTEMBER 2014 - MINUTES

ITEM NO: C.10.4


6. ACTION SHEET

Task Responsible person Circulate nomination forms Community Services Officer Contact Murrurundi Cricket Club Community Services Officer Arrange face painting Community Services Officer Letter to Chris Bowman Community Services Officer Letter to members absent from the meeting to confirm attendance at next meeting.

Community Services Officer

Book Cancer Council Marquee Community Services Officer 7. GENERAL BUSINESS- Nil 8. NEXT MEETING Monday 10 November 2014 The meeting was declared closed at 6.15pm


Environmental Services


C.10.5 DARTBROOK COMMUNITY CONSULTATIVE COMMITTEE

RESPONSIBLE OFFICER: Mathew Pringle - Director Environmental Services

AUTHOR: Paul Smith - Environmental Planning Officer

RECOMMENDATION That Council notes the minutes of the Dartbrook Community Consultative Committee meeting held on 8 August 2014.

BACKGROUND The Dartbrook Mine (Dartbrook) is located 8 kilometres (km) north of the township of Muswellbrook and 3 km south-west of the village of Aberdeen in the Upper Hunter Valley of NSW. Dartbrook operated as an underground longwall coal mine from 1996 to 2006. As a result of ongoing operational and geological issues, mining was suspended in October 2006 and the mine has been under Care and Maintenance since 1 January 2007. The purpose of the Dartbrook Community Consultative Committee (CCC) is to review the activities of the mine in respect of compliance with conditions of consent, any proposed variations to conditions, and any complaints received during the interim period and actions taken. The CCC’s membership includes Upper Hunter Shire Council, Muswellbrook Shire Council, Aboriginal Land Council, community members (nominated by the Councils) and representatives of Anglo American Coal. Officers from Upper Hunter Shire Council and Muswellbrook Shire Council attend in an advisory capacity. REPORT/PROPOSAL A meeting of the Dartbrook CCC was held on the 5 December 2013 and was attended by Paul Smith, Senior Environmental Planner, Cr Kiwa Fisher (Council Representative), Annette Rahn and Arthur Mitchell (Upper Hunter Community Representatives). At the meeting the representatives of Anglo American Dartbrook Coal gave a presentation on range of issues were discussed as identified in the minutes.

ATTACHMENTS

1 Minutes of the Dartbrook CCC - 8 August 2014

RESOLVED that Council notes the minutes of the Dartbrook Community Consultative Committee meeting held on 8 August 2014.

Moved: Cr K Fisher Seconded: Cr D Peebles CARRIED

ATTACHMENT NO: 1 - MINUTES OF THE DARTBROOK CCC - 8 AUGUST 2014 ITEM NO: C.10.5





C.10.6 DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE

RESPONSIBLE OFFICER: Waid Crockett - General Manager

AUTHOR: Mathew Pringle - Director Environmental Services

RECOMMENDATION That Council: 1. Endorse the minutes of the Development & Environmental Services Committee meeting

held on Tuesday 14 October 2014. 2. DESC.10.2 – Receive the presentation by ARTC and note the contents of the report. 3. DESC.10.3 – Refuse Development Application No. 72/2014 for a farm shed with

portable amenities and water tank at Lot 11 DP 750927, 3639 Cullingral Road, Merriwa for the reasons listed in Attachment 2.

BACKGROUND The Development and Environmental Services Committee is a Standing Committee of Council which considers reports, advice and recommendations of management regarding strategic land use planning, development applications, environmental, health and building related matters. The Committee subsequently makes recommendations to Council in relation to such matters. A meeting of the Development and Environmental Services Committee was held on Tuesday, 9 September 2014. REPORT/PROPOSAL DESC.10.2 In relation to item DESC.10.2, the Committee raised no objections to the proposed noise walls to be constructed by ARTC along the western side of the rail corridor through Scone. The Committee agreed with the suggestion that landscaping be provided in view corridors in St Aubins Street and Susan Street to minimise the visual impacts of the wall. Correspondence has been sent to ARTC and the NSW Heritage Council advising that Council has no objection to the proposed walls subject to the provision of landscaping in strategic locations to minimise the visual impacts of the walls on view corridors, nearby heritage items and the Central Scone Heritage Conservation Area.

ATTACHMENTS

1 Minutes of the Development & Environmental Services Committee - 14 October 2014

2 Reasons for Refusal - DA 72/2014




RESOLVED that Council:

1. Endorse the minutes of the Development & Environmental Services Committee

meeting held on Tuesday 14 October 2014. 2. DESC.10.2 – Receive the presentation by ARTC and note the contents of the

report. 3. DESC.10.3 – Refuse Development Application No. 72/2014 for a farm shed with

portable amenities and water tank at Lot 11 DP 750927, 3639 Cullingral Road, Merriwa for the reasons listed in Attachment 2.

Moved: Cr K Fisher Seconded: Cr P Bishop CARRIED

ATTACHMENT NO: 1 - MINUTES OF THE DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE - 14 OCTOBER 2014

ITEM NO: C.10.6


MINUTES OF THE DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE OF UPPER HUNTER SHIRE COUNCIL HELD ON TUESDAY 14 OCTOBER 2014 AT THE BARRY ROSE

COMMITTEE ROOM COMMENCING AT 10.00am

PRESENT: Cr Kiwa Fisher (Chair), Cr Peter Bishop, Cr Deirdre Peebles, Cr Lee Watts. APOLOGIES: Nil. IN ATTENDANCE: Cr Wayne Bedggood, Cr Ron Campbell, Cr Maurice Collison, Mr Mat Pringle (Director Environmental Services), Mr Darren Mosman (ARTC), Mr Brett Peterkin (ARTC), Ms Susan Kay (ARTC), Ms Judy Wheeler, Ms Ruth Hardy and Ms Madeline Kelaher (Minutes). DECLARATIONS OF INTEREST: Nil. AGENDA ITEMS: DESC.10.2 – Proposed Noise Walls, Scone Railway Station Mr D Mosman spoke on behalf of the Australian Rail Track Corporation (ARTC) in regards to the proposed noise walls along the Scone Railway Station. Mr Mosman said that most of the work (new rail line and sleepers) has been completed, however, the drainage system is yet to be completed. Mr Mosman said that the ARTC has been keeping the community updated during completion of these works. Mr Mosman said that works will be commencing at the Scone Railway Station in November during the rail shutdown and construction of the wall along the rail corridor will be undertaken from December to January. Cr Watts asked whether buses will replace the train system during the completion of the works in November. Mr Mosman replied that they will be. Ms S Kay spoke in regards to noise and vibration impacts of increased train speeds. Ms Kay advised that in order to comply with the Rail Infrastructure Noise Guidelines, the ARTC is required to install noise mitigation measures such as noise walls along the corridor. Ms Kay confirmed that the ARTC has considered other options in regards to noise along the corridor and the noise walls have been identified as the preferred and most feasible option. Ms Kay added that the noise walls cannot be continued the whole way along the rail corridor in some areas, therefore, architectural treatments will be applied to some properties. Cr Bishop questioned why the noise walls cannot be continued the whole way along the corridor. Ms Kay responded that there are areas where there is not enough room along the corridor to add noise walls. In those cases, the home owners could receive fence upgrades, double glazed windows and doors, insulation, etc. Mr B Peterkin added that noise mitigation is not required for properties that have been built after 2008 as they should already meet the requirements of the noise guidelines which would have been a requirement of the development consent granted by Council.


ITEM NO: C.10.6


Ms J Wheeler questioned why the proposed noise wall is so high. Ms Kay responded that it is designed to be 2.5m to 3m high to block the line of sight to properties. The variations in height of the wall are the result of variations in the distance of the rail tracks from the property boundaries and the height of adjoining buildings. Cr Fisher raised concerns in relation to the impacts of rail noise on the Scone Equine Hospital adjacent to the rail corridor as there appeared to be no noise walls in this location. Ms Kay responded that the guidelines do not require noise walls adjacent to commercial properties. Mr Peterkin added that Colorbond cladding has been installed on the side of the stables as the vets were concerned that the vision of the trains may cause stress to the horses in rehabilitation. Mr Peterkin added that ARTC undertook these works free of charge and the vets are satisfied with the outcome of these works. Cr Fisher advised that he had been told that train speeds will be raised to 80km/hr in the future. Mr Mosman responded that he hasn’t heard of this happening, although if it does, ARTC will be required to undertake a detailed assessment of the environmental impacts of such a proposal including further consultation with the community. Ms Wheeler asked what the noise walls will be construction of. Ms Kay confirmed that the walls will be aerated concrete (hebel). Ms Wheeler asked the ARTC representatives if they knew what the existing and predicted noise levels were at the Liverpool Street crossing. Ms Kay advised that currently the noise level is 61.7 dB Leq at ground level and 64 dB Leq at the first floor level. The predicted noise levels with increased train speeds are 66.7 dB Leq on the ground level and 68.6 dB Leq on the first floor. Ms S Kay added that the noise walls should reduce the noise levels to around 60 dB Leq, lower than the noise currently. Ms Kay said that if the noise walls do not meet their expectations, the ARTC will come back and investigate other options. Ms Wheeler added that the 2.5m to 3m walls are an eye sore and asked if there was any other solution. Ms Kay responded that the options are limited given the limited space in the rail corridor. Architectural treatments are proposed where noise walls are not feasible, however this is not the preferred option in most cases as the ARTC is required to maintain a contract with the current owner of the property. If a property is sold, a new contract is required and the new owner may request additional noise mitigation works. Ms Wheeler asked if the ARTC is setting a precedence in Scone and if any other NSW towns have had this treatment to their corridors. Mr Mosman confirmed that Gunnedah, Singleton and East Maitland will be having similar works completed in the near future. Ms Kay added that when the ARTC asks community members/property owners what they would like to limit noise close to the rail corridors, most people ask for noise walls as they would still be able to enjoy their backyard without hearing trains, rather than architectural treatments which only attenuate noise within the dwelling. Ms Wheeler asked the ARTC what colour the proposed noise walls would be. Ms Kay responded that they would be two tones of grey, although residents are permitted to paint their sides of the noise walls whichever colour they wish. Ms Kay added that the ARTC is happy to have the horse figurines on both sides of the wall if residents wish so. Mr M Pringle asked the ARTC representatives if landscaping could be established in public areas, particularly in view corridors along St Aubins Street and Susan Street. Mr Mosman responded that there is landscaping proposed along the back of the pool and also said that other landscaping is being considered at other locations. Ms R Hardy asked whether the railway station will have landscaping. Mr Mosman responded that the station is the property of NSW Trains not the ARTC.


ITEM NO: C.10.6


Ms Hardy raised concerns that the back of the Campbell’s Corner car park is an eye sore along the rail corridor. Mr Mosman said that once works have been completed, the area will be re-vegetated and assessed to see if landscaping is needed. Ms Wheeler asked whether the ARTC has spoken to businesses along the eastern side of the rail corridor. Mr Peterkin responded that on the 18th September there was an information session held at the Scone Neighbourhood Centre which was advertised for three weeks prior to the meeting, there was information in the ARTC newsletter which was delivered with catalogues around Scone, and all schools, companies and organisations in Scone, ARTC workers walked the main street of Scone and gave businesses information, posts on Facebook and community notice boards, information centres, local newspapers and on local radio stations. Mr Peterkin said that the ARTC have door knocked all properties adjoining the rail corridor and revisited properties at a later date if no one was home. The ARTC have heard back from all property owners except four, which have had letters sent to them as they were unable to be contacted. All responses were positive therefore were no objections. Mr Peterkin added that the ARTC sought comment from the community in 2013 in regards to the rail upgrade works and subsequently received 30 submissions. Further consultation in 2014 resulted in 20 submissions being received. Ms Wheeler advised that she missed the advertisement in the Scone Advocate as it was a small notice in the back of the paper and suggested that many more residents would have missed the notice as well. Ms Wheeler suggested that the notices should be published in the Hunter Valley News as it is a free paper with a greater distribution. Ms Wheeler asked what Council’s Heritage Advisor thought of the proposal. Mr Pringle responded that the Heritage Advisor did raise concerns regarding heritage impacts and recommended that landscaping be provided in view corridors to minimise visual impacts. The advisor also suggested that transparent type walls could be installed in critical locations. Mr Mosman confirmed that the transparent walls are expensive, and on road ways there has been a high rate of the walls smashing. Mr Mosman said he would consider landscaping in certain locations and suggested that ARTC provide the materials and UHSC carry out the work in public areas. Mr Peterkin thanked Waid Crockett, Mat Pringle, Alan Fletcher, Jeff Bush and the staff in the Scone office for always being helpful when contacted and doing all they can to help the ARTC. DESC.10.3 – Development Application No 72/2014, Farm Shed with Portable Amenities and Water Tank Mr Pringle advised the Committee that the son of the applicant has contacted Council to let them know that his father (the applicant) had passed away. Therefore he has requested that the item be deferred and considered at the next D&E Committee meeting. Whilst the Committee expressed its condolences, it felt that the application should be determined in accordance with the recommendation of the report given the nature of the development and the history of the matter. GENERAL BUSINESS: Planning Proposal – Murrurundi Community Re-zoning Mr Pringle spoke in relation to proposed amendments to the draft planning proposal to rezone part of Murrurundi. The Committee suggested that the amended proposal should be the subject of further community consultation and that Council should have another meeting with the Murrurundi community to discuss the proposal. Cr Fisher said that the meeting would be to point out to the community the advantages of this proposal and that it is more likely to gain support from the Department of Planning & Environment. Proposed amendments to Council’s Section 94a Contributions Plan


ITEM NO: C.10.6


Mr Pringle spoke in relation to issues with the current S94A Contributions Plan and suggested that the threshold for requiring contributions for new dwellings should be increased as required contributions were having an adverse impact on families building new dwellings. Mr Pringle advised that Council staff have been receiving at least one complaint per week in relation to the contribution requirement. In order to increase people’s awareness of the Contributions Plan, Council is noting on quotes for Development Applications that S94A contributions may be applicable. The Committee requested that it be provided with a report on the matter including details of the financial implications of amending the S94A Plan and a comparison with other Councils. Meeting closed at 11.15am.


ITEM NO: C.10.6


DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE REPORTS

DESC.10.2 PROPOSED NOISE WALLS - SCONE RAILWAY STATION



PURPOSE The purpose of this report is to consider a proposal by ARTC to install noise barriers along sections of the western boundary of the rail corridor between the New England Highway level crossing and Kingdon Street, Scone. Representatives of ARTC will provide a short presentation to the Development & Environmental Services Committee in relation to the proposal.

RECOMMENDATION That Council receive the presentation by ARTC and note the contents of the report.

BACKGROUND The Australian Rail Track Corporation Limited (ARTC) has recently undertaken major upgrade works to rail infrastructure in Scone to accommodate predicted increases in rail movements associated with increased coal exports from the region. The works are required to meet the objectives of the 2012-2021 Hunter Valley Corridor Capacity Strategy. REPORT/PROPOSAL In order to mitigate potential noise impacts associated with increased rail movements and train speeds, ARTC is proposing to erect noise suppression barriers for a distance of 910 metres along sections of the western boundary of the rail corridor between the New England Highway level crossing and Kingdon Street. The proposed walls consist of 150mm thick concrete panels supported by structural steel posts at 6 metre intervals and vary in height from 2.5 metres to 4.2 metres. An application under Section 60 of the Heritage Act 1977 has been submitted with the NSW Heritage Council for the works as the Scone Railway Station is listed on the State Heritage Register. The application is currently on exhibition and submissions close on 16 October 2014.


ITEM NO: C.10.6


The proposed noise walls constitute environmental management works which are permitted without consent under Clause 79 of State Environmental Planning Policy (Infrastructure) 2007 (SEPP Infrastructure). The proposed works form part of the Scone Reconfiguration Project which was the subject of an assessment (Review of Environmental Factors) under Part 5 of the Environmental Planning and Assessment Act 1979. ARTC is both the proponent and determining authority for the activity under Part 5. Plans and elevations of the proposed noise barriers are provided in Attachment 1. Given the characteristics of the noise source and the physical constraints of the site, the proposed noise barriers have been identified as the preferred and most practicable method of noise attenuation under the circumstances. It is considered that the benefits of the proposed walls will outweigh any potential impacts. The proposed walls will be predominantly 2.5 to 3 metres in height (for a distance of 840 metres) and will be relatively unobtrusive. OPTIONS 1. That Council note the proposal by ARTC to erect noise barriers along the western

boundary of the rail corridor between the New England Highway level crossing and Kingdon Street, Scone.

2. That Council undertake further consultation with ARTC regarding the investigation of alternative noise mitigation measures.

CONSULTATION ARTC has undertaken consultation with adjoining land owners potentially affected by the proposed works. STRATEGIC LINKS a. Community Strategic Plan 2013+ The Community Strategic Plan 2013+ identifies the community vision for the Local Government Area through the identification of priorities and aspirations for the future. This is done through four key focus areas. Of relevance to this development are Key Focus Area 3: Protect the natural and built environment and plan for a sustainable future for our Shire and our planet; and Key Focus Area 6: Maintain and enhance civil infrastructure and community assets to meet the needs of current and future generations. b. Delivery Program The proposal relates to the Community Strategic Objectives for town planning: “Promote a sense of responsibility within our community to care for our environment and provide for a sustainable future”. c. Other Plans NIL IMPLICATIONS a. Policy and Procedural Implications NIL


ITEM NO: C.10.6


b. Financial Implications NIL c. Legislative Implications NIL d. Risk Implications NIL e. Other Implications NIL CONCLUSION The proposed noise barriers have been identified by ARTC as the preferred and most practicable method of noise attenuation. It is considered that the benefits of the proposed noise walls will outweigh any potential impacts.

RECOMMENDATION That Council receive the presentation by ARTC and note the contents of the report.

Moved: K Fisher Seconded: D Peebles CARRIED


ITEM NO: C.10.6


DESC.10.3 DEVELOPMENT APPLICATION NO. 72/2014 FARM SHED WITH PORTABLE AMENITIES AND WATER TANK



PURPOSE On 22 April 2014, Council received Development Application No. 72/2014 for a farm shed with portable amenities and water tank at Lot 11 DP 750927, 3639 Cullingral Road, Merriwa. The application is being reported to the Development and Environmental Services Committee as one (1) submission has been received following notification of the application.

RECOMMENDATION That Council refuse Development Application No. 72/2014 for a farm shed with portable amenities and water tank at Lot 11 DP 750927, 3639 Cullingral Road, Merriwa for the reasons listed in Attachment 1.

BACKGROUND Application No: DA 72/2014 Applicant: Mr A Korlevic Owner: Mr J M Seidler, Mr N Korlevic and Mrs E A Korlevic Proposal: Farm shed with portable amenities and water tank. Location: Lot 11 DP 750927, 3639 Cullingral Road, Merriwa Lodged: 22 April 2014 Zone: RU1 Primary Production The subject land is 21.286 hectares and has been owned by the same family for over twenty (20) years. Until late 2013 the subject land was vacant and no agriculture activity was being undertaken on the land. It was brought to Council’s attention in January 2013 that an unauthorised building had been partly constructed on the land. The partly constructed building was investigated by Council staff and the owners were subsequently served an order to remove the building by 30 April 2014. The owners lodged a development application on 22 April 2014 for the use of the building as a farm shed with portable amenities and a water tank. The applicant has been contacted on numerous occasions by telephone and email with requests for further information. A formal letter was sent to the applicant on 12 August 2014 suggesting the application be withdrawn due to concerns regarding permissibility, property access, bushfire risk and onsite effluent disposal.


ITEM NO: C.10.6


REPORT/PROPOSAL The proposed development involves the use of an existing unauthorised relocated building (14.8 m X 9.2 m) as a farm shed together with alterations and additions, construction of portable amenities and installation of a water tank. The proposed development has the characteristics of a dwelling-house and its design is not consistent with its intended function as a farm maintenance shed. The building could be easily be adapted for occupation. The existing unauthorised structure on the property is located in an extreme fire risk area. Access to and egress from the block is restricted for occupants and fire appliances due to terrain and track conditions. The property has no formal legal access across the Goulburn River National Park. The current track accessing the block is designated as a management trail in the Plan of management for the reserve and can only be accessed by authorised vehicles. A detailed assessment of the proposal against Section 79C of the Environmental Planning and Assessment Act 1979 is provided in the attached assessment report. OPTIONS 1. That Council refuse Development Application No. 72/2014 for the reasons listed in

Attachment 1. 2. That Council approve Development Application No. 72/2014 subject to appropriate

conditions of consent. (Note: the validity of the consent could be challenged in the Land and Environment Court).

3. That Council defer Development Application No. 72/2014 stating the additional information

required for a determination. CONSULTATION Surrounding properties were notified of the development between 2 May 2014 and 16 May 2014. One (1) submission was received by Council from the NSW National Parks and Wildlife Service as an adjoining land owner. The issues raised in the submission are addressed in the attached report. A copy of the submission is provided in Attachment 3 of this report. STRATEGIC LINKS a. Community Strategic Plan 2013+ The proposed development is inconsistent with the Key Focus Area and Aspiration Goal 3 of the Community Strategic Plan: “(3) Protect the natural and built environment and plan for a sustainable future for our Shire and our planet”.

b. Delivery Program Assessment of the application is in accordance with the Objectives for town planning: “To provide efficient and effective statutory planning activity which processes and assesses


ITEM NO: C.10.6


development applications in a timely manner and complies with all relevant State and local planning legislation.”

c. Other Plans NIL. IMPLICATIONS a. Policy and Procedural Implications A detailed assessment of the application against relevant Council policies is provided in the attached report. b. Financial Implications Development application fees of $224.00 have been paid by the applicant. c. Legislative Implications An assessment of the development application has been undertaken pursuant to Section 79C of the Environmental Planning and Assessment Act 1979 (see attached report). The proposed development is not permissible within the RU1 Primary Production zone. d. Risk Implications Council determinations of development applications in relation to local development can be appealed by a third party in the Land and Environment Court in circumstances where incorrect legal process has been applied. In the case of this development application the relevant considerations under the Environmental Planning and Assessment Act 1979 have been made. There is a low risk of any third party legal appeal in relation to this development application. There is a low risk of an appeal by the applicant against Council’s decision in the Land and Environment Court. e. Other Implications NIL. CONCLUSION The application has been assessed as unsatisfactory against Section 79C of the Environmental Planning and Assessment Act 1979 and the Upper Hunter Local Environmental Plan 2013. The proposal is not in keeping with the site context, is not an appropriate form of development for the site and is likely to result in adverse environmental impacts. Accordingly, it is recommended that the application be refused.

RECOMMENDATION That Council refuse Development Application No. 72/2014 for a farm shed with portable amenities and water tank at Lot 11 DP 750927, 3639 Cullingral Road, Merriwa for the


ITEM NO: C.10.6


reasons listed in Attachment 1.

Moved: K Fisher Seconded: D Peebles CARRIED

ATTACHMENT NO: 2 - REASONS FOR REFUSAL - DA 72/2014 ITEM NO: C.10.6


Reasons for Refusal of DA 72/2014

1. Pursuant to Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979 the proposed development is not a permissible form of development within the RU1 Primary Production zone as it does not meet the definition of a farm building and is not ancillary to a permissible form of development within the RU1 Primary Production zone.

2. Pursuant to Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, onsite effluent disposal associated with the proposed development is likely to have an adverse impact on a nearby watercourse.

3. Pursuant to Section 79C(1)(c) of the Environmental Planning and Assessment

Act 1979, the site is not suitable for the proposed development given the extreme bushfire risk and the lack of formal, legal access to the property.

4. Pursuant to Section 79C(1)(d) of the Environmental Planning and Assessment

Act 1979, the NSW National Parks and Wildlife Service objects to the development due to the extreme bushfire risk, the lack of formal legal access across the Goulburn River National Park and the potential environmental impacts of the development on the adjoining National Park.

5. Pursuant to Section 79C(1)(e) of the Environmental Planning and Assessment

Act 1979, the proposal is not considered to be in the public interest given the site constraints and potential environmental impacts of the development.




C.10.7 HERITAGE ADVISORY COMMITTEE



RECOMMENDATION That Council: 1. Endorse the minutes of the Heritage Advisory Committee meeting held on 19 September

2014. 2. Advertise the availability of heritage assistance funding through local newspapers and by

direct correspondence with owners of local heritage items.

BACKGROUND The Heritage Advisory Committee is a Section 355 Committee of Council which meets on a quarterly basis unless otherwise advised. The Committee represents the interests of the broader community on heritage related matters, undertakes heritage projects which assist Council in meeting its community strategic objectives and supports the Council and Heritage Advisor in preparing and reviewing strategic planning documents related to heritage matters. A meeting of the Heritage Advisory Committee was held on Friday 19 September 2014. REPORT/PROPOSAL The issues discussed were as raised in the Agenda and recorded in the attached Minutes. As noted in the minutes, the Committee has requested that Council advertise the availability of funding under the Local Heritage Assistance Fund. The Committee has suggested that letters be sent to owners of local heritage items. The cost of advertising the Local Heritage Assistance Fund, including a mail out to relevant property owners, would be approximately $400 which would be funded from Council’s budget for local heritage assistance.

ATTACHMENTS

1 Minutes of Heritage Advisory Committee Meeting - 19 September 2014


1. Endorse the minutes of the Heritage Advisory Committee meeting held on 19

September 2014. 2. Advertise the availability of heritage assistance funding through local newspapers

and by direct correspondence with owners of local heritage items.

Moved: Cr D Peebles Seconded: Cr W Bedggood CARRIED

ATTACHMENT NO: 1 - MINUTES OF HERITAGE ADVISORY COMMITTEE MEETING - 19 SEPTEMBER 2014

ITEM NO: C.10.7


MINUTES OF THE HERITAGE ADVISORY COMMITTEE MEETING OF THE UPPER HUNTER SHIRE COUNCIL HELD ON 19 SEPTEMBER 2014 COMMENCING AT 3.00PM

PRESENT: Mayor Michael Johnson, Cr Deirdre Peebles, Cr Wayne Bedggood,

Bryan Baker, Mary Woodlands, Bev Atkinson, Kate Halliday, Matt Dickson

IN ATTENDANCE: Mat Pringle (Director Environmental Services) APOLOGIES: RECOMMENDED that the apologies received from Cr Driscoll,

Elizabeth Evans, Geoff Field, Gordon Halliday and Ray Hynes be accepted. Moved: Bryan Baker Seconded: Mary Woodlands CARRIED

PREVIOUS MINUTES:

RECOMMENDED that the Minutes of the Heritage Advisory Committee Meeting held on 18 July 2014, as circulated, be taken as read and confirmed as a correct record. Moved: Bryan Baker Seconded: Mary Woodlands CARRIED

1. DISCLOSURE OF INTEREST Nil 2. BUSINESS ARISING FROM PREVIOUS MINUTES

Preparation of Draft Heritage Policy - Update The Committee deferred this item until the next meeting as the Heritage Advisor was absent. Draft Development Control Plan - Tree Preservation Chapter Mat Pringle spoke in relation to the preparation of a DCP chapter which deals with tree preservation on heritage listed sites. The Committee was advised that a chapter would be included in the Upper Hunter DCP which deals with this issue. Haynes Building Awning, Cassilis Bryan Baker advised the Committee that he was unable to contact Libby Morrow in relation to funding for the Haynes Building awning in Cassilis. The Committee suggested that Council’s Grants Officer be requested to investigate possible heritage funding for the work. Rural Heritage Study Revision No. The Committee confirmed that the latest revision number for the Heritage Study is Revision K. M Pringle to check Council’s version.

3. AGENDA ITEMS


ITEM NO: C.10.7


3.1 Old Court Theatre Project The Committee were advised that the opening of the Old Court Theatre was

scheduled for October 2014. 3.2 Development Application Update The Committee were advised that DA 109/2014 for the relocation of a garage and

garden shed, removal of trees and demolition of a hall at 117 Bettington Street, Merriwa has been approved by Council.

3.3 Local Heritage Assistance Fund Grants The Committee were advised that there had been no heritage assistance fund

grants provided since the last meeting. The Committee expressed its concerns in relation to this and suggested that Council advertise the availability of funding in local newspapers and by sending letters to owners of local heritage items.

RECOMMENDATION TO COUNCIL: That Council advertise the availability of

heritage assistance funding through local newspapers and by direct correspondence with owners of local heritage items.

MOVED: Cr Bedggood SECONDED: Kate Halliday 3.4 Draft Development Control Plan - Heritage Conservation Chapter The Committee reviewed Part 9 Heritage Conservation of the Draft Development

Control Plan and raised no major objections or concerns. Cr Bedggood suggested that references to the former Scone, Merriwa and

Murrurundi Shires on page 149 should be removed. M Pringle agreed to make this amendment.

Concerns were also raised by the Committee in relation to the controls

concerning the use of ‘mock’ materials to mimic historical design and materials. The Committee suggested replacing the word ‘mock’.

4. CORRESPONDENCE

Nil.

5. GENERAL BUSINESS

5.1 Matt Dickson suggested that the Local Heritage Study should be listed as a recurring item under ‘Action Sheet’ on future agendas.

5.2 Bryan Baker spoke about ‘Cunninghams Tracks’ in the western parts of the Shire and requested assistance from Council in the installation of markers on the roadside to mark Cunningham’s route. M Pringle agreed to speak with Council’s Economic and Tourism Manager in relation to this project.

5.3 Mary Woodlands spoke in relation to Chinamans Flat near Moonan and requested Council assistance in identifying the site. M Woodlands said that the matter had been discussed at previous Committee meetings and should be minuted. M Pringle agreed to investigate.

5.4 Bev Atkinson raised concerns in relation to a light that had fallen from the top of a historic monument in Rotary Park, Scone. M Pringle suggested that he and B Atkinson visit the site immediately after the Committee meeting.


ITEM NO: C.10.7


6. NEXT MEETING

21 November 2014 at 3.00pm The meeting was declared closed at 4.15pm.


Technical Services


C.10.8 WORKS AND TECHNICAL SERVICES COMMITTEE

RESPONSIBLE OFFICER: Alan Fletcher - Director Technical Services

AUTHOR: Melanie Nelson - Administrative Assistant

RECOMMENDATION That Council: 1. Endorse the minutes of the Works and Technical Services Committee meeting held on

Tuesday 14 October 2014; 2. WTS.10.1:

a. Continue with the required survey to ensure that the existing gravel road is located within the public road reserve

b. Authorise the Mayor and General Manager to sign and seal documents relating to the survey.

3. WTS.10.4: a. Endorse the Upper Hunter Bicycle Plan 2014 for exhibition, community engagement

and feedback. b. Be presented a further report, following the exhibition period, to consider community

feedback and input to the plan.

BACKGROUND The Works and Technical Services Committee provides policy direction on roads, bridges, water and sewerage works, parks, buildings and waste management. It also provides a forum for discussing services provided by Council such as Saleyards and the Airport. REPORT/PROPOSAL The 14 October 2014 meeting discussed:

Cullingral Road Works Program Restart NSW Water Security for Regions 201-15 Funding Application – Murrurundi

Pipeline Draft Bicycle Plan Capital Works Update

ATTACHMENTS

1 Works And Technical Services Committee - 14 October 2014 - Summary Minutes - attachments excluded


1. Endorse the minutes of the Works and Technical Services Committee meeting held on Tuesday 14 October 2014;

2. WTS.10.1: a. Continue with the required survey to ensure that the existing gravel road is


Technical Services


located within the public road reserve b. Authorise the Mayor and General Manager to sign and seal documents

relating to the survey. 3. WTS.10.4:

a. Endorse the Upper Hunter Bicycle Plan 2014 for exhibition, community engagement and feedback.

b. Be presented a further report, following the exhibition period, to consider community feedback and input to the plan.

Moved: Cr L Driscoll Seconded: Cr R Campbell CARRIED

ATTACHMENT NO: 1 - WORKS AND TECHNICAL SERVICES COMMITTEE - 14 OCTOBER 2014 - SUMMARY MINUTES - ATTACHMENTS EXCLUDED

ITEM NO: C.10.8


MINUTES OF THE WORKS AND TECHNICAL SERVICES COMMITTEE OF UPPER HUNTER SHIRE COUNCIL HELD ON TUESDAY 14 OCTOBER 2014 IN THE BARRY ROSE COMMITTEE

ROOM COMMENCING AT 1.00pm

PRESENT: Cr Ron Campbell (Chair), Cr Deirdre Peebles, Cr Maurice Collison, Cr Lorna Driscoll. APOLOGIES: Nil IN ATTENDANCE: Cr Wayne Bedggood, Mr Alan Fletcher (Director Technical Services), Mrs Coleen Pinkerton (Manager Technical Support Services), Mr Tony Swallow (Acting Manager Engineering Operations), Mr Jeff Bush (Manager Civil Assets), Mr Paul Turri (Manager Water Waste), Mr MD Hasan (Acting Works Engineer Merriwa) DECLARATIONS OF INTEREST: Nil

WTS.10.1 CULLINGRAL ROAD


AUTHOR: Jamie Catzikiris - Survey Design Engineer

PURPOSE The purpose of this report is to inform Council of an ongoing boundary issue along Cullingral Road Merriwa where the existing gravel road is located outside the public road reserve within Lot 1 in DP1126291, Lots 22 & 23 in DP 1116813 and Lot 21 in DP 750916 and provide a solution. RECOMMENDATION TO COUNCIL: That Council:

1. Continue with the required survey to ensure that the existing gravel road is located within the public road reserve

2. Authorise the Mayor and General Manager to sign and seal documents relating to the survey.

Moved: M Collison Seconded: D Peebles CARRIED

WTS.10.2 WORKS PROGRAM - TECHNICAL SERVICES DEPARTMENT


AUTHOR: Tony Swallow - Acting Manager Engineering Operations

PURPOSE


ITEM NO: C.10.8


The purpose of the report is to provide an update on works undertaken over the previous month and those planned for the upcoming month. ACTION FOR COMMITTEE: Receive the report and note the information.

Moved: L Driscoll Seconded: M Collison CARRIED

WTS.10.3 RESTART NSW WATER SECURITY FOR REGIONS 2014-15

FUNDING APPLICATION - MURRURUNDI PIPELINE


AUTHOR: Paul Turri - Manager Water and Waste

PURPOSE The purpose of this report is to table Council’s grant application for the Scone to Murrurundi water pipeline under the NSW Government’s Restart NSW Water Security for Regions 2014-15 funding round. RECOMMENDATION TO COUNCIL: That Council note this report and the grant application for the Murrurundi water supply pipeline under the Restart NSW Water Services for Regions 2014/15 Grant Program.

Moved: L Driscoll Seconded: D Peebles CARRIED

WTS.10.4 DRAFT BICYCLE PLAN


AUTHOR: Jeff Bush - Manager Civil Assets

PURPOSE The purpose of this report is to provide Council with an update on the Upper Hunter Bicycle Plan 2014 and to seek Council approval to exhibit the plan. RECOMMENDATION TO COUNCIL: That:

1. Council endorse the Upper Hunter Bicycle Plan 2014 for exhibition, community engagement and feedback.

2. Following the exhibition period, a further report be presented to Council to consider community feedback and input to the plan.

Moved: M Collison Seconded: D Peebles CARRIED

WTS.10.5 CAPITAL WORKS UPDATE


ITEM NO: C.10.8



AUTHOR: Coleen Pinkerton - Manager Technical Support

PURPOSE The purpose of this report is to provide an update on capital works projects within the current budgetary period. ACTION FOR COMMITTEE: Receive the report and note the information.

Moved: R Campbell Seconded: M Collison CARRIED

QUESTIONS WITH NOTICE: Cr Ron Campbell Question 1 Can a comprehensive evaluation and report be presented at the next Works &Technical Services meeting on the condition of the bridges and approaches on the Idaville Road Merriwa? Could the report include possible costings of the proposed works? Response: The Acting Manager Engineering Operations provided a presentation on the Bobialla Bridge and investigation results. Costing and viability report to be prepared on removing the bridge and replaing with culvert/pipe construction. Question 2 Can a report or evaluation be presented of the drainage issue at the rear of the Merriwa showground with approximate costings to continue the drainage pipe to a suitable location? Response Consultation occurring with representatives of the Merriwa Showground Committee in regard to this issue. Further details to be provided following this meeting.

THERE BEING NO FURTHER BUSINESS THE MEETING CLOSED AT 2.08PM.


Corporate Services


C.10.9 COMMUNITY SERVICES COMMITTEE


AUTHOR: Kerri Cone - Manager Community Services

RECOMMENDATION That Council 1. Endorse the minutes of the Community Services Committee meeting held on 14 October

2014 2. Adopt the Draft Crime Prevention Plan and Action Plan 2014-2018 3. Adopt the Draft Children’s Services Strategy 2014

BACKGROUND The Community Services Committee meets every two months and consists of Councillors and community members. Its Charter includes community consultation and the development of a number of social strategies and Plans. The Draft Crime Prevention Plan 2014-8 has been revised in conjunction with police and community members, and updated from Council’s past Crime Prevention Plan. The draft Children’s Services Strategy has been revised in conjunction with community service provider meetings and the Community Services Committee. The draft Plans and Strategy are provided under separate cover. REPORT/PROPOSAL Both documents are recommended for adoption as the basis of forward planning and action, and to support grant applications in these areas.

ATTACHMENTS

1 Community Services Committee - 14 October 2014 - Minutes

2 Draft Children's Services Strategy Excluded

3 Draft Crime Prevention Plan Excluded

4 Draft Crime Prevention Action Plan 2014-2018

RESOLVED that Council

1. Endorse the minutes of the Community Services Committee meeting held on 14

October 2014 2. Adopt the Draft Crime Prevention Plan and Action Plan 2014-2018 3. Adopt the Draft Children’s Services Strategy 2014

Moved: Cr L Watts Seconded: Cr L Driscoll CARRIED

ATTACHMENT NO: 1 - COMMUNITY SERVICES COMMITTEE - 14 OCTOBER 2014 - MINUTES

ITEM NO: C.10.9


MINUTES OF THE COMMUNITY SERVICES COMMITTEE MEETING OF THE UPPER HUNTER SHIRE COUNCIL HELD ON TUESDAY 14 OCTOBER 2014 IN THE BARRY ROSE COMMITTEE ROOM COMMENCING AT 4.00pm

PRESENT: Cr Lee Watts(Chairperson), Cr Lorna Driscoll, Marie Laurie, Helen Hope, Lindy Hunt, John Driscoll, Beryl Bates, Brad Keegan, Phoebe Begg, Inspector Guy Gianna

IN ATTENDANCE: Heather Ranclaud, Kerri Cone, Mary Spora, Amanda Catzikiris, Kaylene Holman

1. APOLOGIES: Rodney Swansborough, Deb Fisher, Jake Speck, Trent Kembrey, Justine Witney

RECOMMENDATION

That the apologies received from Rodney Swansborough, Deb Fisher, Jake Speck, Trent Kembrey and Justine Witney be accepted. Moved: Beryl Bates Seconded: John Driscoll CARRIED 2. DISCLOSURE OF INTEREST Nil 3. PREVIOUS MINUTES

RECOMMENDATION

That the Minutes of the Community Services Committee Meeting held on 12 August 2014, as circulated, be taken as read and confirmed as a correct record. Moved: Inspector Guy Guianna Seconded: Cr Lorna Driscoll CARRIED 4. BUSINESS ARISING FROM PREVIOUS MINUTES 4.1 Policies: It was noted that Policies recommended from the last meeting were adopted. Mary reported that 2 new polices had been circulated to Youth Workers for consideration. 4.2 Aberdeen Skatepark 2 Kerri reported that she had spoken with Chris Urquhart who indicated that construction of the Skatepark had commenced with ramps and bowl taking shape. A photo of works to date was shared with members. 5. AGENDA ITEMS 5.1 Youth Services Officer’s Report Kaylene provided a verbal report with notes attached to Minutes. Moved that the Youth Services reports be accepted. Moved: Beryl bates Seconded: Cr Lorna Drisoll CARRIED. 5.2 Upper Hunter Youth Council Report (as attached) The Youth Opportunities funded project is now winding down, with the Youth Mentor finishing in the next two month.


ITEM NO: C.10.9


Cr Watts thanked Mary Spora for her outstanding work over the period of the Grant including the Upper Hunter Youth Council, Website development and increased events and activities for youth of the Shire. Moved that the Upper Hunter Youth Council Report be accepted. Moved: Lindy Hunt Seconded: John Driscoll CARRIED 5.3 Young Endeavour The Young Endeavour Dinner was held on 11th September 2014. Twenty six nominees were presented with the following young people for a place on the Young Endeavour:

Crystal Crowfoot - nominated by Scone High School P&C Sophie Jenkins - nominated by SCADS Nikki Hollingsworth - nominated by Scone Touch Football Association (Silver

Sponsor) Daniel Hogan - nominated by NSW Farmers Merriwa Branch Lachlan Phelps - nominated by St Joseph's Aberdeen Anthony Beer - nominated by Scone Singers

Reserves: Kristen Telfer - nominated by Merriwa Festival of the Fleeces Taylah Blackadder - nominated by Merriwa RSL Club (Silver Sponsor) Elizabeth Hagley - nominated by Merriwa Central School P&C William Taylor - nominated by Merriwa Festival of the Fleeces Brad Cook - nominated by Upper Hunter Youth Council Tom Heaton - nominated by Lions Club of Scone Inc (Gold Sponsor)

The six young people will sail from Sydney to Sydney from 4th to 15th December 2014. 5.4 Youth Week 2015 National Youth Week will be held from 10-19th April 2015. Members were asked to provide ideas to for activities during this week in our Shire. These included:

Another Youth Beat style Music festival An Online gaming competition or “Computer Party” to engage with disengaged youth

or young people lacking confidence to attend community activities eg Mindcraft. Lake Liddell Social Club had run something similar LAN. Lindy advised that computer rooms at the High School were available.

Bernie Shakeshaft(a Youth Worker) had won a “Back Tracking” Award for a program on Rural Skills and Disengaged Youth, handling working dogs. A property called Trelawney was involved. More information needed.

Kerri provided information on the National Youth Awards 2015 and encouraged members to consider suitable young people to nominate. There are 6 categories and winners will be announced during Youth Week 2015. Information is available at: www.youthweek.com/nya No names were provided at this meeting. 5.5 Community Safety Precinct Report- Insp Guiana reported that:

There was a recent spike in break ins at Merriwa. Property has been recovered. There were increased rural patrols over the October long weekend. Fraud associated with fuel and internet/ online shopping has been increasing.

5.6 Crime Prevention Plan –hard copies were provided to members.

Questions regarding graffiti hot spots and graffiti screens were raised. It was noted that Local Area Command should be referred to as Hunter Valley Local Area Command and amended in the draft Crime Prevention Plan. Motion: that Council adopt the draft Crime Prevention Plan, with Local Area Command amended to Hunter Valley Local Area Command. Moved: Insp Guy Guiana Seconded: Mrs Marie Laurie Carried


ITEM NO: C.10.9


5.7 Children’s Services Strategy -hard copies were provided to members. Members were provided with background on the development of the draft strategy. This included community consultation, compiling a list of issues, and developing actions to address the issues over the coming 3-4 years. Members discussed the need for coordination and case work. A parent’s facebook page was suggested. Note; Strategy 3: Parks and Playgrounds to include Technical Services. The snapshot of achievements to include installation of a new toilet at the library with access for people with disabilities. Motion: that Council adopt the draft Children’s Services Strategy. Moved: Cr Driscoll Seconded: Mrs Marie Laurie Carried

5.8 Community Directories-Members were advised that Community Services staff have compiled directories in the past. Now with Murrurundi and Merriwa having directories on their town websites www.merriwa.nsw.au and www.murrurundi.nsw.au it may be timely to consider if hard copies are still required. Members agreed that a link from Council’s website to the town websites would be useful. Cr Watts advised that the Neighbourhood Resource Centre is compiling a community directory. Community Services staff will consult with the Neighbourhood Centre to see if a partnership approach would be more efficient. 5.9 International Volunteers Day is celebrated each year on 5 December and was established by the United Nations General Assembly in 1985. The day provides volunteer organisations and individual volunteers with the opportunity to raise public awareness of volunteer’s contributions to economic and social development at local, national and international levels. Note; members agreed that the Cancer Support volunteers and sport referees and coaches were worthy of recognition this year. 5.10 International Day of People with a Disability Don't DIS my ABILITY on 3 December celebrates the diversity and ability of people with disability, and it's for everyone. Don’t DIS my ABILITY is about promoting positive perceptions of people with disability and creating an inclusive environment. It encourages the community to think and act inclusively, in all aspects of life. The 2014 United Nations theme for International Day of People with Disability is 'Sustainable Development: The Promise of Technology'. Note; members were advised that a display will be set up in the Scone library, promoting available services, and that information about accessible toilets would be collated and provided to the National Public Toilet Map project which lists accessible toilets on an App. (6) CORRESPONDENCE Out- letter to Helen Hope confirming membership of the Community Services Committee (7) GENERAL BUSINESS 7.1 Australia Day nominations: Kerri Cone provided copies of nomination forms and encouraged members to consider nominations prior to 21 November 2014. 7.2 Cultural Survey: Members were advised that an on-line survey has been launched as the first stage in developing Council’s Cultural Plan. This is available on Council’s website. 7.3 Resource for Grief and Loss: a draft bookmark was tabled for member’s feedback. The resource has been drafted in consultation with Murrurundi Local Health Committee. Members suggested that the format be reduced in size and remove “how are you feeling”


ITEM NO: C.10.9


from the content. Mrs Phoebe Begg advised that endorsement from Hunter New England Health would involve a separate process. Motion: that the resource “How to help a friend who is experiencing grief and loss” be adopted. Moved: Cr Lorna Driscoll Seconded: Mrs Beryl Bates Carried 7.4 Funding opportunities: Community Services staff have been investigating opportunities to apply for funds through www.fundability.com.au. Cr Watts advised that the Scone Neighbourhood Resource Centre has applied for funding through the CTPIGS program for bus shelters at St Mary’s School and Eveleigh St.


ITEM NO: C.10.9


7.5 Tidy Towns Sustainable Communities: Keep NSW Beautiful has advised that Upper Hunter Shire is a finalist in the awards to be held in Nundle on 7,8,9 November. Next Meeting: Tuesday 9 December 2014 Meeting Closed: The meeting was declared closed at 6.4

ATTACHMENT NO: 1 - COMMUNITY SERVICES COMMITTEE - 14 OCTOBER 2014 - MINUTES ITEM NO: C.10.9


UPPER HUNTER SHIRE YOUTH SERVICESBY Kaylene Holman Community Services Committee Report –October 2014 Scone Youth Centre Kaylene has been networking in the community to promote the Youth Centre and EIPP services, including attending the breakfast program at Scone Public School. She has also been involved in running a program called “Love Bites” for Year 9 students at both Scone High and Scone Grammar Schools. The one day program is about domestic violence, and developing positive relationships. Youth Centre numbers are a little low, and more time needs to be focused to increase membership. EIPP is going along OK. A skills based program “Chef’s Corner” has been run, developing youth skills in easy low budget cooking. Merriwa Youth Centre The Centre has been going really well, with 30-35 youth each Friday night. A skills based program, “Road Ready” was run for youth over 16 years to help them practice for the driving test, and involved a talk from police and a driving instructor who reviewed practical skills. One youth has been successful in obtaining his “P”s and three more will be ready for the test next month. An Outdoor Movie Night was held on 3.10.14 with 160 people of all ages attending. Merriwa and Murrurundi took a bus load of youth for the night. The Movies were well liked despite a cold night. Approx. 60 youth stayed for the later Movie. Murrurundi Youth Centre Numbers are good with a lot of youth in the 10-13 year age group. 70% of the youth would be 14 years or under. The Centre has had improvements with the removal of a fireplace and new lino. A new Pool table was taken from Scone to replace a broken one. A new Stove will be purchased shortly as the current one is very old and not working well. Data provided by Kerri Cone. Drop In Centre Registered Members ( 12 years and over): Scone 30, Merriwa 31, Murrurundi 9. Murrurundi has a further 7 members aged 10 to12years. Average Monthly Drop In Centre Attendance over past 3 months: Scone: 99, Merriwa 105, Murrurundi 59 plus 52 under 12 years. EIPP work: Currently meeting Skills group targets, but under estimated numbers in Advice & Referral and Casework.

ATTACHMENT NO: 1 - COMMUNITY SERVICES COMMITTEE - 14 OCTOBER 2014 - MINUTES ITEM NO: C.10.9


UPPER HUNTER YOUTH COUNCIL REPORT BY Mary Spora Community Services Committee Report –October 2014 Recent Projects

Sports Fun Day o Wednesday 1 October, Bill Rose Ovals, Scone o Partnership with Sports Participation Officer

Technology Night – 8 September o Scone Library – co-ordinated by students from St Mary’s Scone Youth Council Meetings

Term Three – Scone Council and Merriwa Central School Recent – Merriwa Central School. Hosted by Merriwa Central school students with catering by

Hospitality students from MCS. Next planned – Wednesday 22 October – focus on surveys and feedback on Youth Mentor Role.

Other Activities

Grants – Worked on a further Youth Opportunities Grant to provide mentoring in events for small town groups. Application was for $44, 000 to fund three terms of local event support.

CASP 2015 – application for Claymation workshops. ($3000) Make a Movie workshop. Promotion of workshop plus registrations now complete. Currently

working with St Joseph’s students to plan the weekend plus liaising with workshop presenters and attendees to finalise gear and logistics for the weekend.

Final Youth Mentor report commenced with research for feedback meeting with students in October. Plans also in place for feedback from teachers, principals and parents. In the Pipeline

Indent Grant applications are open. An application will depend on future of roles in Youth Services and time given to Youth Week projects. Support for the project has been given by teachers involved in the 2014 Youth Beat Concert. Success Stories

Sports Fun Day Partnership with Sports Participation Officer worked well. Using templates and procedures from our previous event cut down on organisation time for the event. 60 students attended and a fun and active day was provided for young people. Need to work on communication with older Youth Council students in order to have more helpers.

Youth Council meeting at Merriwa Central School provided Merriwa students with leadership and meeting coordination skills. The meeting was catered for by Year 11 and 12 Hospitality students who used the meeting as a practical assignment.

St Joseph’s Merriwa students also attended the Youth Council meeting at Merriwa . St Joseph’s have not previously participated in Youth Council activities and the school took the opportunity to send Year 6 students and a teacher. They will be included on Youth Council correspondence in order to encourage further participation.

ATTACHMENT NO: 4 - DRAFT CRIME PREVENTION ACTION PLAN 2014-2018 ITEM NO: C.10.9


Appendix: Crime Prevention Action Plan

Target Offence: 1. Break and Enter Non-Dwelling and Break and Enter Dwelling (combined targets and actions)

Project: Farm Safety Days to engage rural landholders and general community

Rationale: Target hardening can reduce the vulnerability of rural communities to criminal activity

Objective: Reduce the incidence of Break and Enter offences in the Upper Hunter Shire

Lead Agency & Partners:

Community Safety Precinct Committee, Rural landholders, Rural Support Workers, Upper Hunter Shire Council, Local Land Services.

Expected Outcome: Reduced levels of Break and Enter non-dwelling reported by BoSCAR.

Action Performance Measures Time Frames

Funding required

Milestones

1a. Encourage reasonable preventative measures to secure property

1a.1 Hold events in rural communities and Scone to encourage actions such as recording serial numbers, locking sheds and stock yards.

2016 Yes Rural events held in 2 locations Recording sheets provided for property owners.

1b. Encourage the reporting of crime.

1b.2 Promote the correct use of 000, crime stoppers 1800 333000 and the Police assistance line 131444 and Police Facebook page

2014-18 No Notices in community newsletters 3 per annum.



Target Offence: 2. Steal from Motor Vehicle

Project: Promotion of key messages

Rationale: Raising awareness of risks of losing property can change behaviour.

Objective: Reduce the levels of Stealing from Motor Vehicles in the LGA


Upper Hunter Shire Council, Community Safety Precinct Committee, Local Area Command

Expected Outcome: Reduced levels of Steal from Motor Vehicle reported by BoSCAR.


Funding required

Milestones

2a. Local campaign to encourage people to lock vehicles and leave valuables out of sight.

2a.1 Promotion of key messages (such as “what have you got to loose”) through media releases and merchandise.

2015 Yes Campaign launched

2b. Encourage the reporting of crime.

2b.2 Promote the correct use of 000, crime stoppers 1800 333000 and the Police assistance line 131444 and Police Facebook page

2014-18 No Notices in community newsletters 3 per annum.



Target Offence: 3. Assault-Alcohol and Non DV

Project: Raise awareness about the effects of alcohol and other drugs and violence in the community.

Rationale: Participate in ongoing existing programs.

Objective: Increase knowledge about the harm caused by assault and the effects of alcohol.


Upper Hunter Shire Council, Community Safety Precinct Committee, Youth Centres, Youth Council,

Expected Outcome: Reduced incidents of Assault- Alcohol and Non DV as reported by BoCSAR


Funding required

Milestones

3a. Increase the awareness of the effects of alcohol and other drugs

3a.1 Support existing programs and networks such as the Liquor Accord and CDAT

2014-2018

No

Existing programs supported

3b. Promote “the other talk” in schools, youth centres and through community groups.

3b.1 Information sessions held across the Upper Hunter Shire

2016

No

Information sessions held in 3 locations across the LGA.



Target Offence: 4.Malicious Damage

Project: Engage Young People through Youth Centres in the Upper Hunter Shire

Rationale: Improving knowledge and understanding of the impacts of malicious damage on victims can encourage people to think about the impacts their actions have on others

Objective: Reduce the incidence of Malicious Damage in the Upper Hunter Shire

Lead Agency & Partners: Upper Hunter Shire Council, Upper Hunter Youth Council, Youth Workers, Local Area Command,

Expected Outcome: Reduced levels of Malicious Damage as reported by BoCSAR


Funding required

Milestones

4a. Increase awareness about the effects of malicious damage on the community/victims eg, people don’t go to the park if there is offensive graffiti, costs of removal impact on other services.

4a.1 Support Youth Services in the delivery of programs addressing Malicious Damage

2016 Yes 3 programs completed (Scone, Merriwa and Murrurundi)

4b. Install screens and/or graffiti free paint in identified hot spots.

4.b.2 Identify Graffiti hot spots in the LGA

2015 Yes Screens and/or paint installed at identified hot spots




DEVELOPMENT REPORTS

D.10.1 DRAFT VOLUNTARY PLANNING AGREEMENT



PURPOSE The purpose of this report is to seek Council approval to place a Draft Voluntary Planning Agreement (VPA) in respect of Development Consent No. 130/2013 on public exhibition for a period of 28 days in accordance with Section 93G of the Environmental Planning and Assessment Act 1979.

RECOMMENDATION That Council:

1. Delegate authority to the General Manager to amend the Draft Voluntary Planning Agreement in respect of Development Consent No. 130/2013 as necessary subject to legal advice.

2. Place the Draft Voluntary Planning Agreement (as amended) on public exhibition for a period of 28 days in accordance with Section 93G of the Environmental Planning and Assessment Act 1979.

3. Subject to no submissions being received, delegate authority to the General Manager to execute the Voluntary Planning Agreement on behalf of Council.

BACKGROUND On 16 December 2013, Council approved Development Application No. 130/2013 for the staged subdivision of two (2) lots into ten (10) lots at Lot 8 DP 653658 and Lot 157 DP 750964 Kars Springs Road, Scone. Condition No. 14 of the consent requires the proponent to enter into a Voluntary Planning Agreement with Council in accordance with a letter of offer dated 1 October 2013 for the payment of a contribution of $3,000 per additional dwelling entitlement for the upgrade/maintenance of Kars Springs Road. A Draft VPA together with an explanatory note has been prepared by the applicant in accordance with Section 93F of the Environmental Planning and Assessment Act 1979 and is the subject of this report. REPORT/PROPOSAL Section 93G of the Environmental Planning and Assessment Act 1979 requires a VPA to be publicly exhibited for a period of at least 28 days. The VPA must be exhibited with an explanatory note. A copy of the Draft VPA and explanatory note is provided in Attachment 1 of this report.




Council’s solicitor has been requested to review the terms of the agreement on Council’s behalf and any required amendments will be made prior to the agreement being placed on public exhibition. OPTIONS 1. That Council:

a) Delegate authority to the General Manager to amend the Draft Voluntary Planning Agreement in respect of Development Consent No. 130/2013 as necessary subject to legal advice.

b) Place the Draft Voluntary Planning Agreement (as amended) on public exhibition

for a period of 28 days in accordance with Section 93G of the Environmental Planning and Assessment Act 1979.

c) Subject to no submissions being received, delegate authority to the General

Manager to execute the Voluntary Planning Agreement on behalf of Council.

2. That Council defer exhibition of the Draft Voluntary Planning Agreement until it considers legal advice in relation to any proposed amendments.

CONSULTATION Council’s Solicitor, Local Government Legal, has been consulted in relation to the Draft VPA. Subject to any amendments recommended by Council’s Solicitor, the VPA will be placed on public exhibition for a period of 28 days allowing for public comment. STRATEGIC LINKS a. Community Strategic Plan 2013+ The VPA is relevant to Key Focus Area and Aspiration Goal 3 of the Community Strategic Plan: “(3) Protect the natural and built environment and plan for a sustainable future for our Shire and our planet”. b. Delivery Program The VPA is relevant to the Community Strategic Objectives for town planning: “Facilitate and provide for a growing population, including for example, affordable housing, community amenities, health and welfare services” and Roads and Bridges – Local: “Provide for replacement and improvement of community infrastructure through best practice and risk management”. c. Other Plans NIL




IMPLICATIONS a. Policy and Procedural Implications NIL b. Financial Implications Council’s legal costs associated with the review of the Draft VPA are anticipated to be in the order of $1,500 - $2,000. c. Legislative Implications A Draft VPA together with an explanatory note has been prepared by the applicant in accordance with Section 93F of the Environmental Planning and Assessment Act 1979. d. Risk Implications There is minimal risk of any dispute or legal action arising from the VPA. e. Other Implications NIL CONCLUSION Subject to legal advice regarding any required amendments, the VPA should be placed on public exhibition for a period of 28 days and subsequently entered into with the proponent.

ATTACHMENTS

1 Draft VPA & Explanatory Note


1. Delegate authority to the General Manager to amend the Draft Voluntary

Planning Agreement in respect of Development Consent No. 130/2013 as necessary subject to legal advice.

2. Place the Draft Voluntary Planning Agreement (as amended) on public exhibition for a period of 28 days in accordance with Section 93G of the Environmental Planning and Assessment Act 1979.

3. Subject to no submissions being received, delegate authority to the General Manager to execute the Voluntary Planning Agreement on behalf of Council.


ATTACHMENT NO: 1 - DRAFT VPA & EXPLANATORY NOTE ITEM NO: D.10.1


DRAFT VOLUNTARY PLANNING AGREEMENT Parties Upper Hunter Shire Council (ABN 17-261-839-740 (Council) and Graziers Pastoral Pty Ltd ATF Graziers Pastoral Trust (ACN 162 960 634) 108 Boyd Street CABRAMATTA WEST NSW 2166 (Developer).

Background A. In August 2013, the Developer made a Development Application to the Council for

Development Consent to carry out the Development on the Land. B. That Development Application was accompanied by an offer by the Developer to

enter into this Agreement to make Development Contributions towards the Public Facilities if that Development consent was granted.

Operative provisions

1 Planning agreement under the Act

The Parties agree that this Agreement is a planning agreement governed by Subdivision 2 of Division 6 of Part 4 of the Act.

2 Application of this Agreement

The land to which the Agreement and the development applies is: Lot 8 DP 653658 and Lot 157 DP 750964

3 Operation of this Agreement

This Agreement takes effect upon execution by both parties, prior to issue of a Subdivision Certificate for stage one of the Development.

4 Definitions and interpretation 4.1 In this Agreement the following definitions apply:

Act means the Environmental Planning and Assessment Act 1979 (NSW).

Dealing, in relation to the Land, means, without limitation, selling, transferring, assigning, mortgaging, charging, encumbering or otherwise dealing with the Land.

Development means the staged subdivision of the Land into ten (10) lots as approved under Development Consent No. 130/2013.

Development Application has the same meaning as in the Act.

Development Consent has the same meaning as in the Act.

Development Contribution means a monetary contribution, the dedication of land free of cost or the provision of a material public benefit.

GST has the same meaning as in the GST Law.

GST Law has the meaning given to that term in A New Tax System (Goods and



Services Tax) Act 1999 (Cth) and any other Act or regulation relating to the imposition or administration of the GST.

Land means Lot 8 DP 653658 and Lot 157 DP 750964

Party means a party to this agreement, including their successors and assigns.

Public Facilities means unsealed sections of Kars Springs Road in the Upper Hunter Shire Council Local Government Area in reasonable proximity to the Land.

Regulation means the Environmental Planning and Assessment Regulation 2000.

4.2 In the interpretation of this Agreement, the following provisions apply unless the

context otherwise requires: (a) Headings are inserted for convenience only and do not

affect the interpretation of this Agreement. (b) A reference in this Agreement to a business day means a day

other than a Saturday or Sunday on which banks are open for business generally in Sydney.

(c) If the day on which any act, matter or thing is to be done under this Agreement is not a business day, the act, matter or thing must be done on the next business day.

(d) A reference in this Agreement to dollars or $ means Australian dollars and all amounts payable under this Agreement are payable in Australian dollars.

(e) A reference in this Agreement to any law, legislation or legislative provision includes any statutory modification, amendment or reenactment, and any subordinate legislation or regulations issued under that legislation or legislative provision.

(f) A reference in this Agreement to any agreement, deed or document is to that agreement, deed or document as amended, novated, supplemented or replaced.

(g) A reference to a clause, part, schedule or attachment is a reference to a clause, part, schedule or attachment of or to this Agreement.

(h) An expression importing a natural person includes any company, trust, partnership, joint venture, association, body corporate or governmental agency.

(i) Where a word or phrase is given a defined meaning, another part of speech or other grammatical form in respect of that word or phrase has a corresponding meaning.

(j) A word which denotes the singular denotes the plural, a word which denotes the plural denotes the singular, and a reference to any gender denotes the other genders.

(k) References to the word 'include' or 'including are to be construed without limitation.

(l) A reference to this Agreement includes the agreement recorded in this Agreement.

(m) A reference to a party to this Agreement includes a reference to the servants, agents and contractors of the party, and the party's successors and assigns.

(n) Any schedules and attachments form part of this Agreement.



5 Development Contributions to be made under this Agreement The development contributions are to be made to Council prior to the release of any Subdivision Certificate for each stage of the development. A contribution of $3,000 per lot is to be made for each additional lot created in each stage, on the basis that there are two original lots. Such payments shall be made to Council by cheque, direct deposit or other method as agreed by both parties. The value of the contributions shall increase annually on 1 July, in accordance with any variations to the All Groups Consumer Price Index (CPI) for Sydney, as published by the Australian Bureau of Statistics. Note that the value of contribution will not decrease should there be a decrease in such CPI.

6 Application of the Development Contributions The Development Contribution received by Council shall be used at the discretion of Council for maintenance and / or any upgrading work associated with those unsealed sections of Kars Springs Road which are in reasonable proximity to the Land. Such contributions shall be expended within five years of receipt.

7 Application of s94 and s94A of the Act to the Development

s94 contributions do not apply to this development until such time as Council prepares and adopts a revised s94 Contribution Plan which incorporates the subject land. s94A contributions apply to development the subject of this Agreement in accordance with Council’s adopted s94A Contribution Plan.

8 Registration of this Agreement

This Agreement is to be registered as provided for in s93H of the Act in respect of those allotments that will be subject to further subdivision under Development Consent No. 130/2013.

9 Review of this Agreement This deed must not be varied except by a later written document executed by all parties.

10 Dispute Resolution 10.1 Not commence

A party must not commence any court proceedings relating to a dispute unless it complies with this clause 10.



10.2 Written notice of dispute

A party claiming that a dispute has arisen under or in relation to this deed must give written notice to the other party specifying the nature of the dispute.

10.3 Attempt to resolve

On receipt of notice under clause 10.2, the parties must endeavour in good faith to resolve the dispute expeditiously using informal dispute resolution techniques such as mediation, expert evaluation or other techniques agreed by them.

10.4 Mediation

If the parties do not agree within 21 Business Days of receipt of notice under clause 7.2 (or any further period agreed in writing by them) as to:

a) the dispute resolution technique and procedures to be adopted;

b) the timetable for all steps in those procedures; or

c) the selection and compensation of the independent person required for

such technique, the parties must mediate the dispute in accordance with the Mediation Rules of the Law Society of NSW. The parties must request the president of the Law Society of NSW or the president's nominee to select the mediator and determine the mediator's remuneration.

10.5 Court proceedings

If the dispute is not resolved within 60 Business Days after notice is given under clause 10.2 then any party which has complied with the provisions of this clause 10 may in writing terminate any dispute resolution process undertaken under this clause and may then commence court proceedings in relation to the dispute.

10.3 Not use information

The parties acknowledge the purpose of any exchange of information or documents or the making of any offer of settlement under this clause 10 is to attempt to settle the dispute. No party may use any information or documents obtained through any dispute resolution process undertaken under this clause 10 for any purpose other than in an attempt to settle the dispute.

10.4 No prejudice

This clause 10 does not prejudice the right of a party to institute court proceedings for urgent injunctive or declaratory relief in relation to any matter arising out of or relating to this agreement.

11 Enforcement

Payments in accordance with this Agreement are required prior to the release of any Subdivision Certificate for each stage of the development. Failure to pay such contributions will prevent release of the Subdivision Certificate by Council and thereby, prevent the registration of new titles in respect of the land.



12 Notices

12.1 Any notice, consent, information, application or request that must or may be given or made to a Party under this Agreement is only given or made if it is in writing and sent in one of the following ways:



(a) Delivered or posted to that Party at its address set out below. (b) Faxed to that Party at its fax number set out below. (c) Emailed to that Party at its email address set out below.

Council Attention: Director Environmental Services Address: PO Box 208, Scone NSW 2337 Fax Number: 02 65452671 Email: [email protected] Developer Attention: Graziers Pastoral Address: 108 Boyd Street, CABRAMATTA WEST NSW 2166* Fax Number: ## Email: [email protected]

12.2 If a Party gives the other Party 3 business days’ notice of a change of its address or fax number, any notice, consent, information, application or request is only given or made by that other Party if it is delivered, posted or faxed to the latest address or fax number.

12.3 Any notice, consent, information, application or request is to be treated as given

or made at the following time: (a) If it is delivered, when it is left at the relevant address. (b) If it is sent by post, 2 business days after it is posted. (c) If it is sent by fax, as soon as the sender receives from the sender's fax

machine a report of an error free transmission to the correct fax number.

12.4 If any notice, consent, information, application or request is delivered, or an error free transmission report in relation to it is received, on a day that is not a business day, or if on a business day, after 5pm on that day in the place of the Party to whom it is sent, it is to be treated as having been given or made at the beginning of the next business day.

13 Approvals and consent

Except as otherwise set out in this Agreement, and subject to any statutory obligations, a Party may give or withhold an approval or consent to be given under this Agreement in that Party's absolute discretion and subject to any conditions determined by the Party. A Party is not obliged to give its reasons for giving or withholding consent or for giving consent subject to conditions.

14 Assignment and Dealings

There are no specified restrictions on the Developer's dealings in the land to which this Agreement applies.

15 Costs

The costs of negotiating, preparing, executing, stamping and registering the Agreement are to be borne equally by the Parties.



16 Entire agreement

This Agreement contains everything to which the Parties have agreed in relation to the matters it deals with. No Party can rely on an earlier document, or anything said or done by another Party, or by a director, officer, agent or employee of that Party, before this Agreement was executed, except as permitted by law.

17 Further acts

Each Party must promptly execute all documents and do all things that another Party from time to time reasonably requests to affect, perfect or complete this Agreement and all transactions incidental to it.

18 Governing law and jurisdiction

This Agreement is governed by the law of New South Wales. The Parties submit to the non-exclusive jurisdiction of its courts and courts of appeal from them. The Parties will not object to the exercise of jurisdiction by those courts on any basis.

19 Joint and individual liability and benefits

Except as otherwise set out in this Agreement, any agreement, covenant, representation or warranty under this Agreement by 2 or more persons binds them jointly and each of them individually, and any benefit in favour of 2 or more persons is for the benefit of them jointly and each of them individually.

20 No fetter

Nothing in this Agreement shall be construed as requiring Council to do anything that would cause it to be in breach of any of its obligations at law, and without limitation, nothing shall be construed as limiting or fettering in any way the exercise of any statutory discretion or duty.

21 Representations and warranties The Parties represent and warrant that they have power to enter into this Agreement and comply with their obligations under the Agreement and that entry into this Agreement will not result in the breach of any law.

22 Severability If a clause or part of a clause of this Agreement can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this Agreement, but the rest of this Agreement is not affected.

23 Modification No modification of this Agreement will be of any force or effect unless it is in writing and signed by the Parties to this Agreement.



24 Waiver The fact that a Party fails to do, or delays in doing, something the Party is entitled to do under this Agreement, does not amount to a waiver of any obligation of, or breach of obligation by, another Party. A waiver by a Party is only effective if it is in writing. A written waiver by a Party is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.

25 GST If any Party reasonably decides that it is liable to pay GST on a supply made to the other Party under this Agreement and the supply was not priced to include GST, then recipient of the supply must pay an additional amount equal to the GST on that supply.

Execution Dated: 14 Executed as an Agreement: ##



Attachment A

Environmental Planning and Assessment Regulation 2000

(Clause 25E)

Explanatory Note

Voluntary Planning Agreement Under s93F of the Environmental Planning and Assessment Act 1979

1. Introduction The purpose of this Explanatory Note is to provide a plain English summary to support the exhibition of a proposed Voluntary Planning Agreement (VPA) prepared under section 93F of the Environmental Planning and Assessment Act 1979 (Act). Words which are capitalised in this explanatory note but are not defined take on the meaning given to those words in the Planning Agreement.

2. Parties

The parties to the Planning Agreement are the Upper Hunter Shire Council (Council) and Graziers Pastoral Pty Ltd ATF Graziers Pastoral (Developer).

This explanatory note has been prepared jointly by the parties as required by clause 25E(3) of the Environmental Planning and Assessment Regulation 2000.

3. Description of Subject Land

Lot 8 DP 653658 and Lot 157 DP 750964

4. Description of Proposed Change to Environmental Planning Instrument/Development Application

The development approval is for the staged subdivision of the subject land into ten (10) lots as approved under Development Consent No. 130/2013.

5. Summary of Objectives, Nature and Effect of the Draft Planning Agreement

The Developer has made an irrevocable offer to the Council to enter into the Planning Agreement in connection with the Development. It is anticipated by Council that the Development will have an impact on the local public roads leading to and from the subject land due to additional vehicle movements. The objective of the Planning Agreement is to facilitate the delivery of the Developer’s contributions towards upgrading and maintaining relevant public roads which is not otherwise provided for in Council’s existing s94 Contribution Plan.



To achieve these objectives, the Planning Agreement requires the Developer to make contributions for each additional lot created in each stage of the subdivision. The Developer will make the following contributions (all of which will be indexed):

a) Contributions of $3,000 are to be made for each additional lot created in each stage, on the basis that there are two original lots.

Such payments shall be made to Council by cheque, direct deposit or other method as agreed by both parties. The value of the contributions shall increase annually on 1 July, in accordance with any variations to the All Groups Consumer Price Index (CPI) for Sydney, as published by the Australian Bureau of Statistics. Note that the value of contribution will not decrease should there be a decrease in such CPI.

The Developer is required to register the Planning Agreement on the title of any residual lots following staged development in accordance with the development consent.

6. Assessment of the Merits of the Draft Planning Agreement

6.1 How the Planning Agreement promotes the objects of the Act

The Contributions required by the Planning Agreement are consistent with and promote the objects in section 5 of the Act. In particular the Contributions promote: (a) the proper management, development and conservation of natural and artificial

resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purpose of promoting the social and economic welfare of the community and a better environment (section 5(a)(i)); and

(b) the promotion and co-ordination of the orderly and economic use and development

of land (section 5(a)(ii)).

The Planning Agreement promotes the objects of the Act set out above by requiring the Developer to make contributions towards the proper management and development of local roads.

6.2 How the Planning Agreement promotes the purposes (objects) of the

Local Government Act 1993

The Contributions under the Planning Agreement provide funding that promotes the following purposes under section 7 of the Local Government Act 1993 by contributing to:

a) Council’s ability to provide goods, services and facilities, and to carry out

activities, appropriate to the current and future needs of local communities and of the wider public (section 7(d)); and

b) Council’s role in the management, improvement and development of the

resources of its local government area (section 7(d)). 6.3 How the Planning Agreement promotes one or more elements of the

Council’s Charter



The Planning Agreement promotes the following elements of the Council’s Charter under section 8 of the Local Government Act 1993:



a) providing for adequate, equitable and appropriate services and facilities for the community and to ensure that those services and facilities are managed efficiently and effectively;

b) having regard to the long term and cumulative effects of its decisions;

c) bearing in mind that it is the custodian and trustee of public assets and to effectively plan for, account for and manage the assets for which it is responsible;

d) engaging in long-term strategic planning on behalf of the local community.

The above elements of the Council charter are promoted by the Developer providing funding as a means to assist Council to meet its obligations to provide adequate facilities and services and its obligations as the custodian and trustee of public assets.

6.4 The planning purpose served by the Planning Agreement

The planning purpose of the Planning Agreement is that it provides additional funding for the upgrade, repair and maintenance of local roads affected by the Development. In addition, the Planning Agreement has the following public purposes in accordance with section 93F(2) of the Act:

a) the provision of (or the recoupment of the cost of providing) public amenities or

public services; and

The Council and the Developer have assessed the Planning Agreement and both hold the view that the provisions of the Planning Agreement provide a reasonable means of achieving the planning and public purposes set out above. This is because it will ensure that the Developer makes appropriate contributions towards the provision of the infrastructure and services based on additional use or demand on such services arising from the subsequent use of the developed land.

6.5 How the Planning Agreement promotes the public interest

The Planning Agreement promotes the public interest and will have a positive effect on the public by ensuring that an appropriate contribution is made towards the provision of infrastructure and services to satisfy needs that arise from the Development.

6.6 Conformity with the Council’s capital works program

The Planning Agreement will have a positive effect on Council's roads capital works and maintenance program. The contribution will enable additional funds to be utilized for such work in relative proximity to the subject land which, otherwise would not have been available.

6.7 Requirements relating to Construction, Occupation and Subdivision

Certificates

The contributions required in this Planning Agreement must be paid for each stage of the development, prior to issue of the subdivision certificate for such stage.



Signed and Dated by All Parties




ENVIRONMENT/HEALTH REPORTS

E.10.1 APPLICATION FOR THE DECLARATION OF AN ALCOHOL FREE ZONE - MERRIWA

RESPONSIBLE OFFICER: Mathew Pringle - Director Environmental Services

AUTHOR: James Binks - Compliance Officer

PURPOSE The approved Alcohol Free Zone within Merriwa expired on 23 October, 2014. The purpose of this report is to seek Council approval to renew its declaration of the Alcohol Free Zone for a further period of four (4) years until 23 October, 2018.

RECOMMENDATION That Council:

1. Council undertake public consultation in respect of the re-establishment of the Alcohol Free Zone in the following area of Merriwa in accordance with Section 644A of the Local Government Act, 1993:

The whole of Vennacher Street from Parker Street to the southern boundary

of the public swimming pool. From the southern boundary of the public swimming pool in Vennacher Street

along Solleys Lane to Bow Street. The whole of Bow Street from Solleys Lane to the laneway behind the

Merriwa RSL Club. The whole of Bettington Street from Dutton Street to Brisbane Street. The whole of King George V Avenue from Brisbane Street to Quigley Street. The area bounded by Bettington Street, Vennacher Street, Solleys Lane and

Bow Street.

2. Be provided with a further report on the outcome of the public consultation.

BACKGROUND Council at its meeting held on 22 November 2010, renewed its declaration of the existing Alcohol Free Zone in Aberdeen for a four (4) year period expiring on 23 October 2014 REPORT/PROPOSAL The guidelines for Alcohol Free Zones took effect in December 1995 and are administered under Chapter 16 of the Local Government Act 1993. Alcohol Free Zones are enforced by the Police or by local council officers. Police have the power to warn pedestrians with alcohol in these zones, confiscate alcohol and/or issue fines. The enforcement of Alcohol Free Zones reduces anti social behaviour on the streets and is beneficial to the safety and well-being of the community.




OPTIONS To adopt or amend the recommendation CONSULTATION Once Council supports a proposal to re-establish an Alcohol Free Zone, a notice is published in the local newspaper inviting representations and objections from persons and groups in the area to be made within 14 days from when the notice is published. Consultation is also undertaken with the NSW Police Force and licensees of premises that border on, or adjoin or are adjacent to, the Alcohol Free Zone STRATEGIC LINKS a. Community Strategic Plan 2013+ The implementation of Alcohol Free Zones is consistent with the Key Focus Areas and Aspiration Goals 2 and 3 of the Community Strategic Plan “(2) Promote wellbeing, through health, education, recreation and culture for a healthy, vibrant and fulfilling life for our community; (3) Protect the natural and built environment and plan for a sustainable future for our Shire and our planet”. The enforcement of alcohol free zones is a necessary regulatory function to minimise the potential for anti-social behaviour, vandalism and violence in public places and to ensure the safety and welfare of the community. b. Delivery Program The enforcement of Alcohol Free Zones is in accordance with the objectives for Local Government Regulation Enforcement which is to “Monitor and enforce NSW Acts and Regulations and Council’s policies in the areas of private swimming pool safety fences, alcohol free zones and other regulatory functions”. c. Other Plans NIL IMPLICATIONS a. Policy and Procedural Implications NIL b. Financial Implications The approximate cost of advertising and labour for the installation of the stickers and the purchase of the updated stickers will be $500 which is provided for in the current 2014/15 budget.




c. Legislative Implications The administration of Alcohol Free Zones is pursuant to Chapter 16 of the Local Government Act 1993. d. Risk Implications The re-establishment of an Alcohol Free Zone will reduce the risks to Council as the potential for anti-social behaviour, vandalism and malicious damage will be reduced. e. Other Implications NIL CONCLUSION Legislative requirements are to be met by Council and the provision of signage will help to reduce the incidence of street offences in the Merriwa town centre and surrounding areas.

ATTACHMENTS

1 Proposed Alcohol Free Zone - Merriwa


1. Council undertake public consultation in respect of the re-establishment of the

Alcohol Free Zone in the following area of Merriwa in accordance with Section 644A of the Local Government Act, 1993:

The whole of Vennacher Street from Parker Street to the southern

boundary of the public swimming pool. From the southern boundary of the public swimming pool in Vennacher

Street along Solleys Lane to Bow Street. The whole of Bow Street from Solleys Lane to the laneway behind the

Merriwa RSL Club. The whole of Bettington Street from Dutton Street to Brisbane Street. The whole of King George V Avenue from Brisbane Street to Quigley

Street. The area bounded by Bettington Street, Vennacher Street, Solleys Lane

and Bow Street.

2. Be provided with a further report on the outcome of the public consultation.

Moved: Cr D Peebles Seconded: Cr R Campbell CARRIED

ATTACHMENT NO: 1 - PROPOSED ALCOHOL FREE ZONE - MERRIWA ITEM NO: E.10.1



Corporate Services


GENERAL ADMINISTRATION REPORTS

G.10.1 PAMADA COMMUNITY CONSULTATIVE COMMITTEE


AUTHOR: Sean Constable - Manager Economic Development & Tourism

PURPOSE The purpose of this report is to nominate a Councillor and an alternate for representation on the Pamada (Kyoto Energy Park) Community Consultative Committee.

RECOMMENDATION That Council nominate Cr Wayne Bedggood and an alternate as Council’s delegate to the Pamada Community Consultative Committee.

BACKGROUND The Kyoto Energy Park, owned by Pamada, was approved for development on 31 January 2010 by the NSW Government. It is expected that the project will commence in some form by December 2014. Pamada is establishing a Community Consultative Committee to assist in the communication of project information to the general public. Membership of this committee will include affected land holders, local business representatives, interested residents, Council staff and a Councillor. The membership base is aimed at capturing a broad representation to improve information flow as the project proceeds. REPORT/PROPOSAL Following discussions with Pamada representatives it was determined that the Community Consultative Committee should include a Councillor representative (this is consistent with other consultative committees across the shire). Cr Wayne Bedggood was proposed as the Councillor delegate due to the fact that he has been involved throughout the planning phase of the project, manages land adjacent to the project and has a large network to disseminate project information to. An alternate can also be provided for situations when Cr Bedggood is unavailable. OPTIONS 1. Appoint Cr Bedggood and an alternative to the Pamada Community Consultative

Committee 2. Appoint a different Councillor to the committee 3. Not appoint a Councillor to the committee CONSULTATION

Consultation regarding the formation of the CCC was undertaken with Pamada representatives, Director Environmental Services and Manager Economic Development & Tourism


Corporate Services


STRATEGIC LINKS a. Community Strategic Plan 2013+ N/A b. Delivery Program N/A c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications Minutes from the CCC meetings will be provided to Council through its reporting processes. Any recommendations arising from such minutes will also be reported for consideration at Council meetings. b. Financial Implications Nil c. Legislative Implications Nil d. Risk Implications Nil e. Other Implications Nil CONCLUSION Council should be represented on the Pamada Community Consultative Committee to ensure that all relevant information is communicated across the community.

ATTACHMENTS



Corporate Services


RESOLVED that Council nominate Cr Wayne Bedggood as Council’s delegate and Cr Kiwa Fisher as alternate to the Pamada Community Consultative Committee.



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Corporate Services


G.10.2 CODE OF CONDUCT COMPLAINTS STATISTICS REPORT 2014


AUTHOR: Steve Pryor - Director Corporate Services

PURPOSE Council is required to submit an annual report to the Office of Local Government in regard to Code of Conduct Complaints.

RECOMMENDATION That Council forward the Code of Conduct Report 2014 to the Office of Local Government.

BACKGROUND Under the Model Code of Conduct Framework, the Complaints Coordinator must report on a range of complaints statistics to the Council and to the Office of Local Government within three months of the end of September each year (Clauses 12.1 and 12.2 of the Model Code Procedures). The reporting period is 1 September 2013 to 31 August 2014 and the Complaints Coordinator of Council is the Director Corporate Services. REPORT/PROPOSAL A copy of the report is attached. One complaint was received during the year. The complaint was referred to a conduct reviewer with no further action taken. OPTIONS For Council notation only. CONSULTATION Nil STRATEGIC LINKS a. Community Strategic Plan 2013+ CIVIC LEADERSHIP 7) Provide community leadership through open, accountable and efficient governance.

25. Encourage an open and participatory Council, with an emphasis on Community engagement, action and response.



Corporate Services


b. Delivery Program To effectively manage a Shire that meets the need of the community. c. Other Plans Council’s Code of Conduct IMPLICATIONS a. Policy and Procedural Implications Council’s Code of Conduct and Statement of Business Ethics. b. Financial Implications The cost of dealing with complaints, for the one case in 2013/14 was $1320.00. c. Legislative Implications Statutory requirement to adopt Annual Report by 31 December 2014 d. Risk Implications Nil e. Other Implications Nil CONCLUSION There is a statutory requirement for Council to forward any Code of Conduct matter in its annual report to the Office of Local Government.

ATTACHMENTS

1 Office of Local Government - Model Code of Conduct Complaints Report 1 September 2013 to 31 August 2014

RESOLVED that Council forward the Code of Conduct Report 2014 to the Office of Local Government.

Moved: Cr D Peebles Seconded: Cr R Campbell CARRIED

ATTACHMENT NO: 1 - OFFICE OF LOCAL GOVERNMENT - MODEL CODE OF CONDUCT COMPLAINTS REPORT 1 SEPTEMBER 2013 TO 31 AUGUST 2014

ITEM NO: G.10.2



Corporate Services


G.10.3 SPONSORSHIP - 2015 CASSILIS RODEO



PURPOSE This report will consider a request for sponsorship of the 2015 Cassilis Rodeo to be held 31 January to 1 February 2015.

RECOMMENDATION That Council provide sponsorship of $200 to the Cassilis Rodeo Committee to assist in the running of their Rodeo in 2015.

BACKGROUND Council has received a request for financial support from the Cassilis Rodeo Committee Association towards their Rodeo that will be held 31 January to 1 February 2015. REPORT/PROPOSAL Council has provided financial assistance to this event over a number of years under its donation policy. It is proposed to continue to provide financial assistance to the levels previously provided. OPTIONS 1. Agree to provide the sponsorship 2. Decline the request for sponsorship CONSULTATION

Council’s donation policy is available on the website. STRATEGIC LINKS a. Community Strategic Plan 2013+ SOCIAL

1) Promote wellbeing, through health, education, recreation and culture for a healthy, vibrant and fulfilling life for our community.

b. Delivery Program

Facilitate healthy lifestyles through participation by and in partnership with the community in sports, cultural activities and active lifestyles.


Corporate Services


c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications The request fits within Council’s donation policy. b. Financial Implications The sponsorship of $200 is available within Council’s donation budget. c. Legislative Implications Nil d. Risk Implications Nil e. Other Implications Nil CONCLUSION That Council provide sponsorship of $200 in line with funds made available in previous years.

ATTACHMENTS

1 Cassilis Rodeo Committee - Request for Sponsorship for 2015 Rodeo

RESOLVED that Council provide sponsorship of $200 to the Cassilis Rodeo Committee to assist in the running of their Rodeo in 2015.

Moved: Cr R Campbell Seconded: Cr K Fisher CARRIED

ATTACHMENT NO: 1 - CASSILIS RODEO COMMITTEE - REQUEST FOR SPONSORSHIP FOR 2015 RODEO

ITEM NO: G.10.3



Corporate Services


G.10.4 AGENCY INFORMATION GUIDE - GOVERNMENT INFORMATION (PUBLIC ACCESS) ACT 2009



PURPOSE The purpose of the report is to have Council formally adopt its Agency Information Guide for 2014/15 as required by Section 20 for the Government Information (Public Access) Act 2009.

RECOMMENDATION That Council note the Agency Information Guide for 2014/15.

BACKGROUND In order to maintain and advance a system of responsible and representative democratic Government that is open, accountable, fair and effective, the object of the GIPA Act is to open government information to the public by: a) authorising and encouraging the proactive public release of government information by

agencies; and b) giving members of the public an enforceable right to access government information;

and c) providing that access to government information is restricted only when there is an

overriding public interest against disclosure. In accordance with Section 20 of this Act, Council must have an Agency Information Guide. REPORT/PROPOSAL The Agency Information Guide is required to be reviewed and adopted at intervals of not more than 12 months. Council must notify the Information Commissioner before adopting or amending the guide. OPTIONS For Council notation only. CONSULTATION The Agency Information Guide once adopted by Council is placed on Council’s website. The Agency Information Guide is referred to the Information Commissioner prior to adopting.


Corporate Services


STRATEGIC LINKS a. Community Strategic Plan 2013+ CIVIC LEADERSHIP 7) Provide community leadership through open, accountable and efficient governance.

25. Encourage an open and participatory Council, with an emphasis on community engagement, action and response.

b. Delivery Program Provision of a Records System that ensures easy access to paper & electronic records c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications Council must prepare a GIPA Annual Report and review its Agency Information Guide annually. b. Financial Implications Nil c. Legislative Implications Section 20 of the Government Information (Private Access) Act 2009. d. Risk Implications Nil e. Other Implications Nil CONCLUSION That the Agency Information Guide for 2014/15 be noted.

ATTACHMENTS

1 Upper Hunter Shire Council Agency Information Guide 2014

RESOLVED that Council note the Agency Information Guide for 2014/15.

Moved: Cr K Fisher Seconded: Cr W Bedggood CARRIED

ATTACHMENT NO: 1 - UPPER HUNTER SHIRE COUNCIL AGENCY INFORMATION GUIDE 2014

ITEM NO: G.10.4


AGENCY INFORMATION GUIDE

Proposed adoption by Council 27 October 2014

Prepared in accordance with the provisions of Section 20 of the

Government Information (Public Access) Act 2009

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ITEM NO: G.10.4


TABLE OF CONTENTS

1. STRUCTURE AND FUNCTIONS OF COUNCIL .......................................................................... 1

1.1 Description ......................................................................................................................... 1 1.2 Basis of Constitution .......................................................................................................... 1 1.3 Organisational Structure and Resources ........................................................................... 1 1.4 Function of Upper Hunter Shire Council ............................................................................ 3

2. HOW COUNCIL FUNCTIONS AFFECT MEMBERS OF THE PUBLIC ....................................... 4

3. HOW THE PUBLIC CAN PARTICIPATE IN COUNCIL’S DEVELOPMENT AND EXERCISING OF FUNCTIONS............................................................................................................................ 4

3.1 Representation ................................................................................................................... 4 3.2 Personal Participation ........................................................................................................ 5

4. ACCESS TO INFORMATION ....................................................................................................... 5

4.1 Information held by Council ................................................................................................ 5 4.2 Electronic Documents and “Physical Files” ........................................................................ 6 4.3 Policy Documents .............................................................................................................. 6 4.4 General Information ........................................................................................................... 6 4.5 Ways to Access Information ............................................................................................... 8

5. HOW MEMBER OF THE PUBLIC MAY ACCESS AND AMEND COUNCIL DOCUMENTS CONCERNING THEIR PERSONAL AFFAIRS ............................................................................ 8

5.1 Public Officer – Right of Information Officer ....................................................................... 8


ITEM NO: G.10.4


1. STRUCTURE AND FUNCTIONS OF COUNCIL

1.1 Description

Upper Hunter Shire Council was proclaimed on 26 May 2004 following the amalgamation of Merriwa, Murrurundi and Scone Shires. The Shire covers an area of 8,100 square kilometres and shares its boundary with Tamworth Regional Council, Gloucester Shire Council, Singleton Shire Council, Muswellbrook Shire Council, Mid-Western Regional Council, Warrumbungle Shire Council and Liverpool Plains Shire Council.

1.2 Basis of Constitution

Upper Hunter Shire Council is constituted under the Local Government Act 1993.

1.3 Organisational Structure and Resources

The Shire is an undivided area with 9 Councillors who are elected by the residents and ratepayers of the area. The Mayor is elected each year by the Councillors from among their numbers.

The roles of Councillors, as members of the body corporate are:-

to direct and control the affairs of the Council in accordance with the Local Government Act

and other applicable legislation; to participate in the optimum allocation of Council’s resources for the benefit of the area; to play a key role in the creation and review of Council’s policies, objectives and criteria

relating to the exercise of Council’s regulatory functions; to review the performance of the Council and its delivery of services, management plans

and revenue policies of the Council;

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Gloucester LGA

Singleton LGA

Muswellbrook LGA Mid-Western Regional LGA

Warrumbungle LGA

Liverpool Plains LGA

Tamworth Regional LGA


ITEM NO: G.10.4


The roles of a Councillor, as an elected person:-

to represent the interest of the residents and ratepayers; to provide leadership and guidance to the community; to facilitate communication between the community and the Council.

The Mayor presides at meetings of the Council, carries out the civic and ceremonial functions of the office, exercises, in cases of necessity, the decision making functions of the body, between its meetings and performs any other functions that the Council determines. The Principal Officer of the Council is the General Manager. The General Manager is responsible for the efficient operation of the Council’s organisation and for ensuring the implementation of Council decisions. The General Manager is also responsible for the day to day management of the Council, the exercise of any functions delegated by the Council, the appointment, direction and where necessary, the dismissal of staff, as well as the implementation of Council’s Equal Employment Management Plan. To assist the General Manager in the exercise of these functions, there are three (3) Directorates of Council. These Directorates are Corporate Services, Technical Services and Environmental Services. Each of these Departments is headed by a Director. Upper Hunter Shire Council organisational structure

Administration & Governance

Business Development

Community Services

Finance and Administration

Office Services

Human Resources

Information Systems

Tourism

Building Services

Environmental Health

Landuse Planning

Compliance

Engineering Operations

Civil Assets

Technical Support

Water/Waste

Water Development

Plant Services


ITEM NO: G.10.4



ITEM NO: G.10.4


1.4 Function of Upper Hunter Shire Council

Under the Local Government Act, 1993, Council’s functions can be grouped into the following categories: A COUNCIL EXERCISES FUNCTIONS UNDER THE LOCAL GOVERNMENT ACT 1993

SERVICE FUNCTIONS

REGULATORY FUNCTION

ANCILLARY FUNCTIONS

REVENUE FUNCTIONS

ADMIN FUNCTIONS

ENFORCEMENT FUNCTIONS

Including:

Provision of community health, creation, education & information services

Environmental protection

Waste removal & disposal

Land & property industry & tourism development & assistance

Civil infrastructure planning

Civil infrastructure maintenance & construction

Including:

Approvals Orders Building

certificates

Including:

Resumption of land

Powers of entry and inspection

Including:

Rates Charges Fees Borrowings Investments

Including:

Employment of staff

Management plans

Financial reporting

Annual reports

Including:

Proceedings for breaches of the Local Government Act & Regulations and other Acts & Regulations

Prosecution of offences

Recovery of rates and charges

As well as the Local Government Act, Council has powers under a number of other Acts including:- Children and Young Persons (Care

and Protection) Act 1998 Community Land Development Act

1989 Companion Animals Act 1998 Contaminated Land Management

Act 1997 Conveyancing Act 1919 Crown Lands Act 1989 Environmental Planning &

Assessment Act 1979 Food Act 2003 Government Information (Public

Access Act 2009 Heritage Act 1977 Impounding Act 1993 Independent Commission Against

Corruption Act 1988 Land Acquisition (Just Terms

Compensation)Act 1991 Library Act 1939

Privacy & Personal Information Protection Act 1998

Protection of the Environment Operations Act 1997

Public Health Act 1991 Roads Act 1993 Rural Fire Act 1997 State Records Act 1998 Swimming Pools Act 1992 Workers Compensation Act 1987 Workplace Health & Safety Act 2011


ITEM NO: G.10.4


2. HOW COUNCIL FUNCTIONS AFFECT MEMBERS OF THE PUBLIC

As a service organisation, the majority of the activities of Upper Hunter Shire Council have an impact on the public. The following is an outline of how the broad functions of Council affect the public. Service functions affect the public as Council provides services and facilities to the public. These include provision of human services such as aged care facilities, child care services and libraries, halls and community centres, recreation facilities, infrastructure and waste management. Regulatory functions place restrictions on developments and buildings to ensure that they meet certain requirements affecting the amenity of the community and not endanger the lives and safety of any person. Members of the public must be aware of, and comply with, such regulations. Ancillary functions affect only some members of the public. These functions include, for example, the resumption of land or the power for Council to enter onto a person’s land. In these circumstances, only the owner of the property would be affected. Revenue functions affect the public directly in that revenue from rates and other charges paid by the public is used to fund services and facilities provided to the community. Administrative functions do not necessarily affect the public directly but have an indirect impact on the community through the efficiency and effectiveness of the service provided. Enforcement functions only affect those members of the public who are in breach of certain legislation. This includes matters such as the non-payment of rates and charges, unregistered dogs and parking offences. Community planning and development functions affect areas such as cultural development, social planning and community profile and involves:-

advocating and planning for the needs of our community. This includes initiating partnerships; participating on regional, State or Commonwealth working parties; and preparation and implementation of the Community Plan;

providing support to community and sporting organisations through provision of grants, training and information;

facilitating opportunities for people to participate in the life of the community through the conduct or a range of community events such as NAIDOC Week, Youth Week, Children’s Week, as well as promoting events of others.

3. HOW THE PUBLIC CAN PARTICIPATE IN COUNCIL’S DEVELOPMENT AND EXERCISING OF FUNCTIONS

There are two broad ways in which the public may participate in the policy development and, indeed, the general activities of the Council. These are through representation and personal participation.

3.1 Representation

Local Government in Australia is based on the principle of representative democracy. This means that the people elect representatives to their local Council to make decisions on their behalf. In New South Wales, local government elections are held every four years. Scheduled elections are to be held in September 2016, September 2020 and September 2024.


ITEM NO: G.10.4


At each election, voters elect nine Councillors for a four year term. All residents of the area who are on the electoral roll are eligible to vote. Property owners who live outside of the area and ratepaying lessees can also vote, but must register their intention to vote on the non-residential roll. Voting is compulsory. Residents are able to raise issues with, and make representations to, the elected Councillors. The Councillors, if they agree with the issue or representation, may pursue the matter on the resident’s behalf thus allowing members of the public to influence the development of policy. Council also allows the public to address the Open Council Meetings (held fourth Monday of the month) on matters included in the business paper for that month.

3.2 Personal Participation

There are also avenues for members of the public to personally participate in the policy development and the functions of the Council. Several Council Committees comprise or include members of the public. To view a full list of Council Committees or to nominate as a delegate go to: http://upperhunter.nsw.gov.au/your-council/council-business/committees.aspx Standing Committee meeting dates, times and venues are also advertised on Council’s website, go to:- http://upperhunter.nsw.gov.au/our-shire/events/what-s-on-calendar.aspx Alternatively you may contact the Public Officer for this information. From time to time Council calls for public submissions, for example, community input into its annual Delivery Program and Operational Plan and the bi annual Community Strategic Plan. Calls for submissions are advertised on Council’s website www.upperhunter.nsw.gov.au and in the local Newspapers The Scone Advocate, The Hunter Valley News, The Aberdeen Whisper, The Merriwa Ringer, The Murrurundi Links. These advertisements will include details on how to submit submissions and the closing date.

In addition, Council, as part of its public consultation process will often call for meetings on specific topics, e.g., disability access to gain community feedback. Meetings are also held in different areas of the Shire to address both larger issues of the Shire as well as local issues within that area. These meetings are advertised in advance on Council’s website, in the newspapers listed above, through media releases and letterbox drops.

4. ACCESS TO INFORMATION

4.1 Information held by Council

Council holds information (hard copy and electronic form) that relate to a number of different issues concerning Upper Hunter Shire. This information is grouped into four categories: 1. Electronic Documents 2. “Physical Files” 3. Policy Documents 4. General Information


ITEM NO: G.10.4


Information included in Clause 4.4 of this Agency Information Guide may be made available to the public on request unless there is an overriding public interest not to do so. Some information may require a formal access application in accordance with the Government Information (Public Access) Act.

4.2 Electronic Documents and “Physical Files”

Council implemented an electronic document management system in 2005. Hard copy, physical files were dispensed with except for development/building/construction applications. Prior to 2005 the former Merriwa Shire Council maintained an electronic document management system and the former Murrurundi and Scone Shire Council’s maintained a paper-based filing system. Some of Council’s electronic documents and physical files are not available on the website, however, this information may be made available either by informal release or via an Access Application (GIPA Act Section 7 – 9) unless there is an overriding public interest against disclosure of the information in accordance with the provisions of the Section 14 of the GIPA Act.

4.3 Policy Documents

Some policies constitute open access information. These and other policies are available on Council’s website :- http://upperhunter.nsw.gov.au/your-council/documents-and-policies/policies.aspx http://upperhunter.local-e.nsw.gov.au/council/1018.html

4.4 General Information

The Government Information (Public Access) Act 2009 provides the public a general right of access to information held by Council and requires that this information be made publicly available for inspection, free of charge. The public is entitled to inspect this information either on Council’s website (unless there is an unreasonable additional cost to Council to publish these documents on the website) or at the offices of the Council during ordinary office hours or at any other place as determined by the Council. Any current and previous information of this type may be inspected by the public free of charge. Copies can be supplied for reasonable copying charges. 1. Information about Council

The model code prescribed under Section 440(1) of the LGA Council’s adopted Code of Conduct Code of Meeting Practice Annual Report Annual Financial Report Auditor’s Report Delivery Program & Operational Plan EEO Management Plan Policy concerning the Payment of Expenses Incurred by, and the Provision of Facilities to,

Councillors Annual Reports of Bodies Exercising Functions Delegated by Council Any Codes referred to in the LGA Returns of Interests of Councillors, Designated Persons and Delegates Agendas and Business Papers for any meeting of Council or any Committee of Council Minutes of any meeting of Council or any Committee of Council Departmental Representative Reports presented at a meeting of Council


ITEM NO: G.10.4


Land Register Register of Investments Register of Delegations Register of Graffiti Removal Works Register of current Declarations of Disclosures of Political Donations Register of Voting on Planning Matters

2. Plans and Policies

Local Policies adopted by Council concerning approvals and orders Plans of Management for Community Land Environmental Planning Instruments, Development Control Plans and Contribution Plans

3. Information about Development Applications

Development Applications and any associated documents received in relation to a proposed development:- Home Warranty Insurance documents Construction Certificates Occupation Certificates Structural Certification Documents Town Planner Reports Submissions received on Development Applications Heritage Consultant Reports Tree Inspections Consultant Reports Acoustic Consultant Reports Land Contamination Consultant Reports Records of decisions on Development Applications including decisions on appeals Records describing general nature of documents that council decides to exclude from

public view including internal specifications and configurations, and commercially sensitive information

4. Approvals, Orders and Other Information

Applications for approvals under part 7 of the LGA Applications for approvals under any other Act and any associated documents received Records of approvals granted or refused, any variation from Council Policies with reasons

for the variation, and decisions made on appeals concerning approvals Orders given under Part 2 of Chapter 7 of the LGA and any reasons given under Section

136 of the LGA Orders given under the Authority of any other Act Records of Building Certificates under the Environmental Planning and Assessment Act

1979 Plans of land proposed to be compulsorily acquired by Council Compulsory Acquisition Notices Leases and Licenses for use of Public Land classified as Community Land

5. Other Information Available under Section 18 of the Government Information (Public Access)

Act 2009

Council’s current Agency Information Guide Information about Council contained in any document tabled in Parliament by or on behalf

of Council, other than any document tabled by order of either House of Parliament policy documents disclosure log of access applications register of government contracts


ITEM NO: G.10.4


record of open access information (if any) that is not made publicly available on the basis of an overriding public interest against disclosure

such other government information as may be prescribed by the regulations as open access information

4.5 Ways to Access Information

Under the Government Information (Public Access) Act 2009, there are four ways information can be accessed from Council:- 2. Mandatory Release 3. Proactive Release 4. Informal Applications 5. Formal Applications

A formal access application is one way members of the public can access government information not already available as open access information, proactively released information or information informally released by this agency. It should be considered as a last resort. Persons seeking open access to information should visit Council’s website:- http://upperhunter.nsw.gov.au/your-council/documents-and-policies/policies.aspx in the first instance and then make contact with Council if the relevant information is not available from the website. Council contact details are shown at Clause 5. of this Agency Information Guide - How Members of the Public May Access and Amend Council Documents Concerning their Personal Affairs.

5. HOW MEMBER OF THE PUBLIC MAY ACCESS AND AMEND COUNCIL DOCUMENTS CONCERNING THEIR PERSONAL AFFAIRS

As mentioned previously, Council has a vast range of documents that can be accessed in varying ways. Most documents can be inspected at and obtained from Council’s offices in Merriwa, Murrurundi and Scone between the hours of 9.00am and 4.00pm Monday to Friday (except public holidays). For further enquiries about any document, a Customer Services Officer should be contacted. If you experience any difficulty in obtaining documents or information, you should contact the Public Officer.

5.1 Public Officer – Right of Information Officer

It should be noted that the Director Corporate Services has been appointed as the Public Officer. Amongst other duties, the Public Officer may deal with requests from the public concerning the Council’s affairs and has the responsibility of assisting people to gain access to public documents of the Council. The Public Officer is also Council’s Right to Information Officer and, as such, is responsible for determining applications for access to documents or for the amendment of records. If you have any difficulty in obtaining access to Council documents, you may wish to refer your enquiry to the Public Officer. Also, if you would like to amend a document of Council which you feel is incorrect, it is necessary for you to make written application to the Public Officer in the first instance. Enquiries should be addressed as follows:

General Manager Upper Hunter Shire Council PO Box 208 SCONE NSW 2337

Phone: (02) 6540 1100 Fax: (02) 6545 2671 Email: [email protected] Web: www.upperhunter.nsw.gov.au

Further information can also be sought from:-

Information & Privacy Phone: 1800 472 679


ITEM NO: G.10.4


Commission GPO Box 7011 SYDNEY NSW 2000

Email: [email protected] Web: http://www.ipc.nsw.gov.au/privacy/ipc_contactus.html




G.10.5 DISCLOSURES OF INTEREST RETURNS



PURPOSE The purpose of this report is to table the completed Disclosure of Interest Returns for the period 1 July 2013 to 30 June 2014.

RECOMMENDATION That Council note the ‘Disclosures by Councillors and Designated Persons’ returns, as tabled.

BACKGROUND The Local Government Act requires Councillors and designated officers to complete a pecuniary interest and other matter return annually. The General Manager is required to arrange the tabling of such returns at the first meeting held after the last day of the period of lodgement (s450A). REPORT/PROPOSAL Forms have been submitted by:

All Councillors General Manager Director Corporate Services Director Technical Services Director Environmental Services Manager Finance Manager Community Services Manager Civil Assets Manager Economic Development & Tourism Acting Manager Engineering Operations Manger Information Services Manager Technical Support Services Manager Water and Waste Senior Environmental Planner Senior Health and Building Surveyor Compliance Officers Works Engineer, Merriwa

These returns will be tabled at the meeting. OPTIONS That Council note the ‘Disclosures by Councillors and Designated Persons’ returns.




The Local Government Act requires the returns to be completed from the date of the last return to 30 June this year. CONSULTATION

General Manager Councillors Designated persons

STRATEGIC LINKS a. Community Strategic Plan 2013+ CIVIC LEADERSHIP 7) Provide community leadership through open, accountable and efficient governance.

24. Effectively and efficiently manage the business of the Council within its Charter. b. Delivery Program To effectively and efficiently manage a Shire that meets the needs of the community. c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications GOVERNANCE – POLICY – COUNCILLORS – Declaration of Interest b. Financial Implications Nil c. Legislative Implications Councillors and designated persons are required to complete and lodge a “Disclosures by Councillors and Designated Persons” form in accordance with the Local Government Act 1993, sections 449-450A. d. Risk Implications Nil e. Other Implications Nil




CONCLUSION Councillors and designated persons must complete and lodge a Disclosures form before 30 September 2014.

ATTACHMENTS

Nil.

RESOLVED that Council note the ‘Disclosures by Councillors and Designated Persons’ returns, as tabled.



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G.10.6 NSW PUBLIC LIBRARY FUNDING CAMPAIGN - FURTHER ACTION NEEDED



PURPOSE The purpose of the report is to continue the focus on increasing the level of contributions of State Government towards Council run public libraries.

RECOMMENDATION

That Council Continue its support to the campaign mounted by the NSW Public Library Associations for increased State funding to local government for public libraries by:

a. Making further representation to the local State Member in relation to the need for additional funding from the NSW State Government for the provision of public library services, noting that the 2014 State budget did not address recurrent funding needs

b. Writing to the Hon. Troy Grant, Minister for the Arts, noting the allocation of $15m over 4 years for a public library infrastructure grants program, and calling upon the Government to implement the Reforming Public Library Funding submission of the Library Council of NSW in 2012 for the reform of the funding system for NSW public libraries

c. Continuing to encourage and support the distribution of NSW Public Library Associations campaign information in Council libraries

d. Taking a lead role in activating the campaign locally and encouraging community participation.

BACKGROUND There has been widespread support by Councils across the state for the NSW Library Funding Campaign, which is being coordinated on behalf of NSW Councils and their libraries by the NSW Public Libraries Association (NSWPLA), representing country and metropolitan libraries across the state. Launched on 7 April 2014, this targeted campaign has benefited from exceptional community support and has also met with some success in bringing the critical library funding situation to the attention of politicians and funding decision makers to address the problem. The NSW State budget, announced on 17 June, delivered a $15m infrastructure public library grant program over the 4 years from 2014-15 to 2017-18. Whilst this is welcome news, it only reinstates the grant funding program to the level that it was in 2005-06 and is a fixed-term program that needs to be recurrent to provide the certainty required for this all-important annual grants program. The better news is that the NSW Public Library Funding Campaign is clearly influencing state government funding decisions. Over 100 NSW councils have resolved to support the Campaign. In the 3 months between the launch of the Campaign and early August, over 50,000 NSW residents had signed the Campaign petition. This number continues to grow, and


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is evidence of the interest, support and concern of residents across the state about the future of their libraries. Three tranches of petitions have been presented to Parliament, resulting in Parliamentary debates about the library funding issue on 7 August and 11 September Local Government NSW (LGNSW) and the Australian Library and Information Association (ALIA) are assisting NSWPLA in this campaign, and local supporters of public libraries including Friends of the Library groups and library users have been engaged in the campaign to lobby State Members. REPORT/PROPOSAL The next target for the Funding Campaign is to address the problem of the recurrent elements of library funding – the $1.85 per capita legislated payment (both in quantum and indexation) as well as the Disability & Geographic Adjustment fund, which combine to form the annual funding that is provided directly to NSW councils. These allocations are not indexed to population growth or CPI, so there is no source to fund the annual increase resulting from additional NSW population. This will lead to the first actual reduction in direct funding to NSW councils (in 2015-16) if the attrition is not addressed. The period between now and November, the pre-State Government election phase, will be the most critical phase of the NSW Library Funding Campaign. It is the time for all NSW Councils to redouble their Campaign lobbying efforts. This really is the “last-ditch effort” to ensure that NSW public libraries achieve the sustainable state government funding base that they so badly need to continue providing current levels of service to communities across the state. We are seeing examples of library service reductions in many NSW Councils, ranging from decreased levels or qualifications of staff; diminished collections budgets; shortened opening hours, less public programs, and reduced mobile library service schedules. Without increased state funding, the situation is likely to deteriorate further. Over the next 4 months, the NSW Library Funding Campaign Committee will be contacting Councils and libraries to ask for targeted support in specific areas to further strengthen this already successful campaign. A small amount of dedicated effort from each and every stakeholder will help to ensure that our libraries get the funding deal that they need and deserve. As the major beneficiaries of any State funding increase, Local Government is the primary stakeholder in this campaign. OPTIONS Council can:- 1. Accept recommendation. 2. Modify recommendation. 3. Reject recommendation. CONSULTATION This is a public campaign state wide that was launched on 7 April 2013.


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STRATEGIC LINKS a. Community Strategic Plan 2013+ Connect our communities through activities and events, online technology and infrastructure. Support existing education facilities and enhance learning opportunities. Participate in and encourage regional and local alliances with other Councils, government and non-government partners. b. Delivery Program To provide an effective accessible library service for recreational and informational needs of the residents of the Upper Hunter Shire Council. c. Other Plans Nil. IMPLICATIONS a. Policy and Procedural Implications Nil. b. Financial Implications The percentage of the total costs of running Council’s library service provided by the State Government has been decreasing for many years. Additional recurrent funding will improve this situation and reduce the cost to Council for running this service. c. Legislative Implications Nil. d. Risk Implications Nil. e. Other Implications Nil. CONCLUSION There is currently a high degree of uncertainty as to the level of ongoing funding for public libraries in NSW from the State Government. The intent of the NSW Library Act in 1939 was for equal funding from state and local governments to provide library services. Since that time local government has increasingly carried the funding burden and the situation has deteriorated significantly over the past few decades. Without urgent action from local government and NSW Public Library Associations, this situation will continue and local councils will once again be forced to pick up the funding shortfall.


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ATTACHMENTS


RESOLVED that Council Continue its support to the campaign mounted by the NSW Public Library Associations for increased State funding to local government for public libraries by:

a. Making further representation to the local State Member in relation to the need for additional funding from the NSW State Government for the provision of public library services, noting that the 2014 State budget did not address recurrent funding needs

b. Writing to the Hon. Troy Grant, Minister for the Arts, noting the allocation of $15m over 4 years for a public library infrastructure grants program, and calling upon the Government to implement the Reforming Public Library Funding submission of the Library Council of NSW in 2012 for the reform of the funding system for NSW public libraries

c. Continuing to encourage and support the distribution of NSW Public Library Associations campaign information in Council libraries

d. Taking a lead role in activating the campaign locally and encouraging community participation.

Moved: Cr L Driscoll Seconded: Cr P Bishop CARRIED





G.10.7 OFFICE CLOSURE - CHRISTMAS / NEW YEAR



PURPOSE The purpose of this report is to consider the options of extending the closure of the Council offices to include Friday, 2 January 2015.

RECOMMENDATION That Council agree to the closure of Council offices on Friday 2 January 2015.

BACKGROUND The offices in Scone, Merriwa and Murrurundi have been closed to the public over the Christmas/New Year periods for a number of years. Council has received no complaints about the closure of its offices over this time. At its meeting on 22 November 2010, Council in report G.11.4 resolved:

That Council delegate authority to the General Manager to close the Council offices for the same period each year.

The period being “from 12 noon on Christmas Eve, 24 December each year and reopen on the first working day after New Year’s Day, 1 January each year”. Staff are encouraged to take annual leave, time in lieu worked or any accrued Rostered Days Off or Flexi-Time during this period. REPORT/PROPOSAL Under the General Manager’s delegation the closure of the Council offices for the upcoming Christmas/New Year holiday period is from 12 noon Christmas Eve, Wednesday, 24 December 2014 to Thursday, 1 January 2015 with offices reopening on Friday, 2 January 2015. A number of staff has enquired about the possibility of extending the closure time until Monday, 5 January 2015 rather than being required to return to work on the Friday. It is not often that the 2nd January falls on a Friday and in fact the next time it does is in 2026. Should Council agree to close the Council offices for an additional day, staff would be required to take an additional day’s leave which may or may not be suitable to all staff. An option in this instance is that staff are offered the option of working on this day if they wish, however the Customer Service Centres would be closed.





OPTIONS 1. Close the Council offices on Friday 2 January 2015, with staff being asked to take an

additional day’s leave. 2. Close the Council offices for an additional day, Friday 2 January 2015, with staff given

the option of working if they wish. 3. Keep the Council offices open on Friday 2 January 2015. CONSULTATION

General Manager Directors

STRATEGIC LINKS a. Community Strategic Plan 2013+ CIVIC LEADERSHIP 7) Provide Community Leadership through open, accountable and efficient governance 24. Effectively and efficiently manage the business of the Council within its Charter. b. Delivery Program

- To provide efficient and prompt customer service for the organisation to internal and external customers.

c. Other Plans N/A IMPLICATIONS a. Policy and Procedural Implications N/A b. Financial Implications This will reduce Councils leave liability. c. Legislative Implications N/A d. Risk Implications Council will not be open to the public, however after hours services will still be available. e. Other Implications Nil





CONCLUSION That in this instance it is considered appropriate to have the Council offices remain closed for one additional day.

ATTACHMENTS


RESOLVED that Council agree to the closure of Council offices on Friday 2 January 2015.



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G.10.8 2015 LOCAL PUBLIC HOLIDAY - SCONE CUP


AUTHOR: Shinead Taylor - Administrative Records Assistant

PURPOSE The purpose of the report is to seek a resolution from Council in regard to the 2015 Scone Cup Local Public Holiday.

RECOMMENDATION That Council retain the status quo of Scone Cup day as a half day public holiday, covering the eastern part of the Shire only.

BACKGROUND Advice has been received from the NSW Government Department of Finance and Services requesting Council to nominate the desired 2015 local public holidays and local event days (including half days) applicable to the Upper Hunter Shire Local Government area. Council has in previous years had a half day public holiday in the eastern section of the Shire for the Scone Cup which is held as part of Scone & Upper Hunter Horse Festival in May each year. In recent years Council has been asked to consider whether the event be classified as a local public holiday or a local event day. In the past the community as a whole has supported the half day public holiday as the preferred option. Council did, by resolution, indicate at its October 2012 and November 2013 meeting that it would seek feedback from the Merriwa district whether they wanted to also be included to ensure coverage across the whole of the Shire. The NSW Treasury has written to Council (copy attached) seeking Council’s proposals for 2015 by the end of November 2014. Council undertook an online survey on its website which only attracted 37 responses and there were 11 letters and emails received in regard to the survey. REPORT/PROPOSAL A short survey was available on the UHSC website from 4 September to 1 October 2014

(results attached).

There were two media releases (4 and 17 September) about the survey. The result was an

article in the Hunter Valley News, another in the Scone Advocate and mentions on 2NM radio.

It was also mentioned in Councillors’ Shire Notes column in the Scone Advocate.

UHSC sent 102 letters about the survey seeking feedback (and this year included a copy of

the survey which produced 11 faxed back surveys) to:


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- 6 bank branches

- 33 accommodation venues

- 7 clubs and pubs

- 15 preschools and schools

- 26 other businesses

- key stakeholders such as the Scone Race Club, Merriwa District Progress Association (who

distributed it at their AGM) and the Scone Chamber of Commerce and Industry.

Forty-eight responses (37 surveys on the website, 10 surveys faxed in and one email) were

received on the question of the 2015 holiday. Last year there were 50 responses on the

question of 2014 holidays.

Of the 48 survey respondents, 19 were from the Merriwa district.

The majority (57%) preferred the Scone Cup Day to remain a half day public holiday (Table 1).

From businesses there was lower support for the holiday (Table 3).

Overall there was some support for Merriwa having a half day public holiday on the Friday of

the Merriwa Springtime Show (32%) or no holiday in Merriwa for either day (32%) (Table 2).

From businesses there was less support for a holiday for the Springtime Show and more

support for no holiday (44%) (Table 4).

From Merriwa respondents there was more support for a half day public holiday for the

Springtime Show (see Table 5).

OPTIONS The response to Council’s community engagement is only a very small percentage of the population and is significantly less than the previous year. Given the small response it is recommended that the status quo remain for 2015 and that Council continue to discuss the matter with the Community in future years. Council has several options including:

1. Keep status quo and have a half day Public Holiday for the eastern portion of the shire only

2. Extend the half day Public Holiday to the entire shire 3. Have the day as a half day Local Event Day over part or the entire shire 4. Propose a different date (Merriwa Show Day) for the Merriwa area 5. Have a part day public holiday (up to 6.00pm)

CONSULTATION Council has surveyed the community each year for a number of years. In summary the responses have been:


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2012 - 105 responses 2013 - 50 responses 2014 - 48 responses The small proportion of responses would indicate that the community has no great desire to change the status quo. STRATEGIC LINKS a. Community Strategic Plan 2013+ ECONOMIC 5) Enhance Economic and Employment Opportunities and Promote Development 18. Encourage Shire and Local Area Recognition through promotion and marketing CIVIC LEADERSHIP 7) Provide community leadership through open, accountable and efficient governance.

25. Encourage and open and participatory Council, with an emphasis on community engagement, action and response.

b. Delivery Program To effectively and efficiently manage a Shire that meets the needs of the community. c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications Nil b. Financial Implications Nil c. Legislative Implications Council is required to consult with the community and make a resolution to advise NSW Department of Finance and Services to arrange an official gazettal of the half day public holiday. d. Risk Implications Nil e. Other Implications Nil


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CONCLUSION That the status quo remain and that the day be a half day public holiday for 2015.

ATTACHMENTS

1 Scone Cup / Merriwa Springtime Show Public Holiday 2015 consultation - Survey Results

RESOLVED that Council retain the status quo of Scone Cup day as a half day public holiday, covering the eastern part of the Shire only.

Moved: Cr K Fisher Seconded: Cr W Bedggood CARRIED

ATTACHMENT NO: 1 - SCONE CUP / MERRIWA SPRINGTIME SHOW PUBLIC HOLIDAY 2015 CONSULTATION - SURVEY RESULTS

ITEM NO: G.10.8


Scone Cup / Merriwa Springtime Show Holidays 2015 consultation

Summary

Forty-eight responses (37 surveys on the website, 10 surveys faxed in and one email) were received

on the question of the 2015 holiday. Last year there were 50 responses on the question of 2014

holidays.

Of the 48 survey respondents, 19 were from the Merriwa district.

The majority (57% overall and 33% of businesses) preferred the Scone Cup Day to remain a half day

public holiday.

There was some support (32%) for Merriwa having a half day public holiday on the Friday of the

Merriwa Springtime Show.

Consultation

A short survey was available on the UHSC website from 4 September to 1 October 2014.

There were two media releases (4 and 17 September) about the survey. The result was an article in

the Hunter Valley News, another in the Scone Advocate and mentions on 2NM radio. It was also

mentioned in Councillors’ Shire Notes column in the Scone Advocate.

UHSC sent 102 letters about the survey seeking feedback (and this year included a copy of the

survey which produced 11 faxed back surveys) to:

- 6 bank branches

- 33 accommodation venues

- 7 clubs and pubs

- 15 preschools and schools

- 26 other businesses

- key stakeholders such as the Scone Race Club, Merriwa District Progress Association (who

distributed it at their AGM) and the Scone Chamber of Commerce and Industry.

Survey Results

The majority (57%) preferred the Scone Cup Day to remain a half day public holiday (Table 1).

From businesses there was lower support for the holiday (Table 3).

Overall there was some support for Merriwa having a half day public holiday on the Friday of the

Merriwa Springtime Show (32%) or no holiday in Merriwa for either day (32%) (Table 2).

From businesses there was less support for a holiday for the Springtime Show and more support for

no holiday (44%) (Table 4).

From Merriwa respondents there was more support for a half day public holiday for the Springtime

Show (see Table 5).


ITEM NO: G.10.8


Table 1.All respondents - For the Scone Cup Friday 15 May 2015 would you prefer the Upper Hunter Shire (but not the region of the former Merriwa Shire) held:

Responses Percentage

a half day public holiday (from noon) as in previous years

27 57.4%

A part day public holiday (noon to 6pm)

4 8.5%

A Local Event day

7 14.9%

None of the above

9 19.1%Table 2. All respondents - The former Merriwa Shire area could be included in plans for a half day public holiday on Scone Cup Day in 2015. Alternately a half day public holiday or local event day in the Merriwa Shire might be called on the Friday afternoon of the 2015 Merriwa Springtime Show weekend. What would be your preference?


Same holiday arrangements for Scone Cup Day in Merriwa region as the rest of the Shire

9 19.1%

A half day public holiday for Merriwa region on Friday of Merriwa Springtime Show

15 31.9%

Local event day for Merriwa region on Friday of Merriwa Springtime Show

8 17.0%

None of the above (as in previous years)

15 31.9%Table 3. Business impacted - For the Scone Cup Friday 15 May 2015 would you prefer the Upper Hunter Shire (but not the region of the former Merriwa Shire) held:


a half day public holiday (from noon) as in previous years

6 33.3%

A part day public holiday (noon to 6pm)

3 16.7%

A Local Event day

3 16.7%

None of the above

6 33.3%Table 4. Business impacted - The former Merriwa Shire area could be included in plans for a half day public holiday on Scone Cup Day in 2015. Alternately a half day public holiday or local event day in the Merriwa Shire might be called on the Friday afternoon of the 2015 Merriwa Springtime Show weekend. What would be your preference?



3 16.7%


4 22.2%


3 16.7%


8 44.4%


ITEM NO: G.10.8


Table 5. Merriwa only respondents - The former Merriwa Shire area could be included in plans for a half day public holiday on Scone Cup Day in 2015. Alternately a half day public holiday or local event day in the Merriwa Shire might be called on the Friday afternoon of the 2015 Merriwa Springtime Show weekend. What would be your preference?



1 5.3%


9 47.4%


4 21.1%


5 26.3%

Comments from Scone Cup survey 2015

“I believe the proposal of a part day public holiday for Scone Cup day from 12 noon to 6pm is a good one. This will provide the community the opportunity to celebrate the Scone Cup but not disadvantage the hospitality industry.” Sarah Wills, CEO Scone Race Club

I feel that we already have to give our staff a lot of public holidays and another day just costs us money. (Merriwa Tyre and Service Centre, part owner Debbie Hunt)

(A part-day public holiday) would make no difference to Scone Cup Festival except business owners may be able to make a dollar - help a business in town! (Royal Hotel Scone, Owner)

(holiday for Springtime Show) Positive impact. At present many children do not come to school. A holiday would make it legal!! (St Joseph's Primary School Merriwa Principal)

The wage costs for Cup Day is reaching a point where discussions on opening are occurring. (Scone RSL Manager Michael Hollingsworth)

(holiday for Springtime Show) would allow schoolchildren to compete for part of the day without forfeiting school

The Club Industry currently has 11 public holidays another in this current financial climate and 19 employees is not needed (Merriwa RSL Club secretary Manager Matthew Morgan)

Waste of money for businesses Scone cup has no relevance for the majority of Merriwa businesses. A holiday at show time would

be inconvenient but a half day holiday for Melbourne cup would be ok. I believe Merriwa would benefit more from the community being involved so having the half day

holiday would possibly bring more of the community together. As for the Scone Cup, I'm sure people going would know in advance and take the time off work if need be.

People are prepared to spend money at the races/events and they are more than likely going to be paying a higher rate for items anyway so employers should be responsible and forward these larger profits on and pay their employees with the higher public holiday rates.

Half day holidays to celebrate major tourism events in Scone and Merriwa are a great initiative to encourage more local people to participate in the event as well as encourage friends/family 'up' to our great region.

I believe that it is important to promote the local events for your own town. If you are being paid for the half day for either the races or the show you should be able to prove that you attended the event. Perhaps your entry ticket to be issued to the pay office to be entitled to be paid for the half day you had off. I am a big supporter of both the Merriwa Show and the Scone cup and if my employees wish to attend I wouldn't have any issues paying them a half day off. (Welderup Pty Ltd. Managing Director.)

A half day public holiday would enable more involvement from the Merriwa community in section organisation and help.

(public holiday) No benefit to business - we will remain open when the doctors surgery is open - therefore a public holiday drives up our cost of doing business (Merriwa Pharmacy – owner)

We usually schedule a Staff Development Workshop for the morning. We are in favour because the absentee rate was high before the school made it a Pupil Free Day (St Mary's Primary School – Principal)


ITEM NO: G.10.8


It is of great detriment to the local tourism that this is a public holiday. On the Friday afternoon/night nearly all the business's close leaving a huge void for the tourist's to try and find eateries open on this day. We have had multiple complaints regarding this matter. (Owner of local hotel)


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G.10.9 REQUEST TO WAIVE FEES - INTERSCHOOL CHALLENGE FIELD AND FARM SAFETY DAY



PURPOSE The purpose of this report is for Council to consider a request to waive the fees for the use of the Merriwa Showground for the 2014 Interschool Challenge Field and Farm Safety Day.

RECOMMENDATION That Council provide a donation to the Merriwa PAH&I Association to the value of the fees applicable, totalling $87.00 for the use of the Merriwa Showground on 13 November 2014.

BACKGROUND In 2013 the Merriwa PAH & I Association created a new initiative which was known as the Merriwa Show Interschool Challenge. The original proposal was to establish a community education program utilising the existing and well established framework of the country show movement. The plan was to offer students the opportunity to gain experience and success through participation and achievement, rewarded by further education and training, in turn building local rural skill bases, self-confidence and esteem. The 2014 event is not only restricted to school children but is available to the whole farming community. REPORT/PROPOSAL An event will be held at Merriwa Showground on 13 November 2014 and is being run by the Merriwa PAH & I Association. OPTIONS 1. Agree to provide a donation to the value of fees chargeable. 2. Decline the request and charge the event as per the adopted fees and charges. CONSULTATION

Nil STRATEGIC LINKS a. Community Strategic Plan 2013+ SOCIAL 2) Promote wellbeing, through health, education, recreation and culture for a healthy, vibrant and fulfilling life for our community.


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b. Delivery Program

Facilitate partnerships which create and support a caring community

c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications The request fits within Council’s donation policy. b. Financial Implications The current Delivery Program & Operational Plan has a Donation/Sponsorship budget of $100,400. Under the preferred option, the financial implications will be $87.00 which is available within the budget. c. Legislative Implications Nil d. Risk Implications All events require a risk evaluation to be undertaken prior to the event. e. Other Implications Nil CONCLUSION The recommendation is to provide a donation to the Merriwa PAH & I Association to the value of the fees payable for use of the Merriwa Showground on 13 November 2014.

ATTACHMENTS

1 PAH & I Association - Hire Showground - Interschool Challenge Field & Farm Safety Day - 13 November 2014

RESOLVED that Council provide a donation to the Merriwa PAH&I Association to the value of the fees applicable, totalling $87.00 for the use of the Merriwa Showground on 13 November 2014.

Moved: Cr R Campbell Seconded: Cr L Driscoll CARRIED

ATTACHMENT NO: 1 - PAH & I ASSOCIATION - HIRE SHOWGROUND - INTERSCHOOL CHALLENGE FIELD & FARM SAFETY DAY - 13 NOVEMBER 2014

ITEM NO: G.10.9



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POLICY MATTERS

H.10.1 POLICY ON COUNCILLOR EXPENSES AND FACILITIES



PURPOSE To seek endorsement from Council to adopt the updated policy, Payment of Expenses and Provision of Facilities.

RECOMMENDATION That Council adopt the 2014/15 policy on Councillor Expenses and Facilities.

BACKGROUND Section 252 of the Local Government Act 1993 requires Council to adopt a policy on Councillor expenses and facilities by 30 November each year. Council at its meeting on 25 August 2014 adopted the draft policy and authorized for the policy to be placed on public exhibition for 28 days. The draft policy was placed on public exhibition with a closing date for the submissions being 26 September 2014. No submissions were received. REPORT/PROPOSAL Council needs to consider any submission prior to adopting the draft policy. OPTIONS Nil. The policy needs to be formally adopted. CONSULTATION The draft policy was placed on public exhibition for 28 days as required by S252 of the Local Government Act 1993. STRATEGIC LINKS a. Community Strategic Plan 2013+ CIVIC LEADERSHIP 7) Provide community leadership through open, accountable and efficient governance.

24. Effectively and efficiently manage the business of the Council within its Charter. 25 Encourage an open and participatory Council, with an emphasis on community

engagement, action and response.


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b. Delivery Program To effectively and efficiently manage a Shire that meets the needs of the community. c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications Policy sets guidelines for payment of expenses and facilities to Councillors for the next twelve months. Policy unchanged from previously adopted. b. Financial Implications Funds available under Governance budget. c. Legislative Implications Requirement of S252 of the Local Government Act, 1993. A copy of the policy, Council report, advertisement and details of any submissions is to be forwarded to the Office of Local Government. d. Risk Implications Nil. e. Other Implications Nil. CONCLUSION The draft policy should now be adopted.

ATTACHMENTS

1 GOVERNANCE - POLICY – COUNCILLORS – Benefits – Payment of Expenses and Provision of Facilities - Draft - August 2014

RESOLVED that Council adopt the 2014/15 policy on Councillor Expenses and Facilities.

Moved: Cr D Peebles Seconded: Cr W Bedggood CARRIED

ATTACHMENT NO: 1 - GOVERNANCE - POLICY – COUNCILLORS – BENEFITS – PAYMENT OF EXPENSES AND PROVISION OF FACILITIES - DRAFT - AUGUST 2014

ITEM NO: H.10.1


UPPER HUNTER SHIRE COUNCIL GOVERNANCE – POLICY - COUNCILLORS – Benefits – Payment of Expenses and Provision of Facilities Policy

Councillors will receive payment of expenses and will be provided with facilities, in accordance with this policy.

Objective

To ensure that there is accountability and transparency in the reimbursement of expenses incurred or to be incurred by councillors. The policy also ensures that the facilities provided to assist councillors to carry out their civic duties are reasonable.

Objectives and Coverage of the Policy

To comply with the provisions of Section 252 of the Local Government Act, 1993, the Local Government (General) Regulation 2005 and the updated Guidelines released by the Department of Local Government (October 2006) concerning the payment of expenses incurred or to be incurred by, and the provision of facilities to, the Mayor, the Deputy Mayor and Councillors in relation to discharging the functions of Civic Office. Council does not pay a general allowance for expenses or provisions of facilities. This policy excludes annual fees paid to the Mayor and Councillors under sections 248 - 251 inclusive of the Local Government Act.

1. PAYMENT OF EXPENSES

1.1 Payment of expenses generally

Allowances and expenses: Expenses and costs incurred by Councillors in discharging the functions of civic office on approved Council business will only be reimbursed in accordance with this policy. Councillors must make a claim for reimbursement of expenses in accordance with this policy within one month following the incurrence of the expense. Payment in advance: Councillors may request payment in advance in anticipation of expenses to be incurred in attending conferences, seminars and training away from home. Councillors may also request an advance payment for the cost of any other service or facility covered by this policy. However, Councillors must fully reconcile all expenses against the cost of the advance as soon as possible following the incurrence of the expense. Requests for payment in advance should be made to the General Manager. Reimbursement and reconciliation of expenses: Where the expenses are not paid for in advance by Council in accordance with this policy, then the Councillor shall: Retain all documentation substantiating the incurring of such expenses. Complete a claim form for all expenses incurred. Attach all relevant documentation. Lodge the claim form for payment with the General Manager within one month after the

completion of the specific Council business. 1.2 Establishment of monetary limits and standards

Identifying and publishing monetary limits allows members of the public to know the expected cost of providing services to Councillors and to make comment during the public consultation phase of


ITEM NO: H.10.1


making or amending the policy. It also avoids situations where Councillors incur costs that are unforeseen or considered unreasonable by other Councillors and the public. Subsequently, where practical and appropriate, this policy sets out the monetary limits for all the expense provisions available to Councillors, as well as the standards for the provision of equipment and facilities provided to Councillors.

1.3 Approval arrangements

Approval for attendance at conferences etc, where possible should be approved at a Council meeting. If this is not possible, then the approval should be given jointly by the Mayor and the General Manager. If the Mayor requires approval, it should be given jointly by the Deputy Mayor and the General Manager. Approval for discretionary trips such as attendance at community meetings should be obtained from the Mayor and General Manager.

1.4 Spouse and partner expenses

Council will, in limited circumstances, reimburse Councillors for expenses incurred by the Councillor for their spouse, partner or accompanying person in the performance of his or her official duties. An accompanying person is considered to be a person who has a close personal relationship with the Councillor and/or provides carer support to the Councillor. Council will reimburse the reasonable costs of a spouse, partner or an accompanying person for attendance at official Council functions that are of a formal and ceremonial nature, are within the local government area, and where there is a reasonable community expectation that the Councillor’s spouse, partner or accompanying person will attend. Examples could include Australia Day ceremonies, citizenship ceremonies, civic receptions, events formally supported by Council, service club annual changeover functions, awards nights, and debutant balls where generally partners are invited and the Mayor or Councillor attends as a representative of the Council. Council will also reimburse the reasonable expenses incurred by the spouse, partner or accompanying person of the Mayor, or a Councillor representing the Mayor, when they are called on to attend an official function of Council or carry out an official ceremonial duty while accompanying the Mayor outside of the Council area, but within the State. Examples include charitable functions, award ceremonies and other functions to which the Mayor has been invited and is representing the Council. Council will not reimburse any expenses incurred by a Councillor’s spouse, partner or accompanying person when they are accompanying a Councillor to a conference, seminar or the like. An exception to this is the Local Government and Shires Association’s (LGSA) annual conference, where Council will reimburse the cost of registration and the official conference dinner incurred by Council’s elected delegates’ spouse, partner or accompanying person when accompanying a Councillor to this conference. Expenses incurred by a Councillor’s spouse, partner or accompanying person, where this Councillor is only attending the LGSA annual conference as an observer will not be reimbursed by Council. The payment of expenses for a spouse, partner or accompanying person for attending appropriate functions as permitted above is limited specifically to the ticket, meal (up to $150.00) and/or the direct cost of attending the function. Council will not reimburse peripheral expenses incurred by a spouse, partner or accompanying person such as transport, special clothing or grooming.

2. SPECIFIC EXPENSES FOR THE MAYOR AND COUNCILLORS

2.1 Conference, Seminar, Training and Educational Expenses

Councillors wanting to attend a conference/seminar/training/educational activity will make an application on the prescribed form to the General Manager or Mayor for subsequent approval by Council. Attendance at these functions is subject to annual budget limits. Councillors are encouraged to undertake relevant training and skills development to ensure they carry out their functions as effectively as possible.


ITEM NO: H.10.1


Council will be responsible for the expenses of the Councillors attending conferences, seminars, training, educational activities, meetings and official engagements and functions, where the Councillor has been duly authorised by the Council or is deputising for the Mayor. The General Manager’s Personal Assistant may make all necessary arrangements for Councillors in accordance with this part of the policy, if requested. These expenses include registration fees, accommodation, travel, meals, incidentals and associated tours (meals and incidents up to $150.00 per day) where they are relevant to the business and interest of Council.

a. Accommodation

i. Councillors will be accommodated in the hotel where the

conference/seminar/training/educational activity or other Council business is being held or the nearest hotel of a similar standard.

ii. Council will provide accommodation for delegates at the rate of a double room.

b. Travel Councillors attending a conference/seminar/training/educational activity or other Council business will be transported via an economy class air ticket or Council will reimburse the travelling expenses as detailed below:

i. Council will reimburse Councillors with travelling expenses incurred in his/her own vehicle, on the basis of the rate per kilometre set down in the Notional Agreement Preserving the Local Government (State) Award. Parking Station fees will also be met but claims for repairs or accidental damage to the Councillor's own car will be covered in the payment per kilometre.

ii. A Councillor who travels on Council business shall - Travel with all due expedition and any time incurred in anything other than Council

business shall not be included in expenses paid by Council. Travel by the shortest practical route.

iii. Council will meet the cost of transferring delegates from their place of abode to the airport and return from the airport to their place of abode.

iv. Council will meet the cost of transferring delegates from the airport to the hotel and return at the conclusion of the conference/seminar/training course or other Council business.

v. Should a delegate be accommodated in a hotel not being the site of a conference/seminar/training/educational activity or other Council business, and the delegate is travelling in their own vehicle, Council will meet the cost of travelling from the hotel to the site of the conference/seminar/training course and return each day of the conference/seminar/training/educational activity or other Council business.

vi. Where as a result of attending a conference/seminar/training/educational activity or other Council business a Councillor visits another council in the course of his/her elected member duties or to further his/her knowledge of Local Government, and the Councillor is travelling in their own vehicle, Council will meet the cost of transfer of the delegate from his/her hotel to the Council visited and return.

vii. All other transfers are to be met by the delegate.

c. Meals Council will meet the cost of breakfast, lunch and dinner (up to $150.00 per day) for Councillors where any of these meals are not provided as part of the conference/seminar/training/educational activity or other Council business. Council will also meet the cost of reasonable drinks accompanying the meal. The payment of meals and drinks for persons who are not Council's authorised representatives will be met by Council where it is reasonably necessary to reciprocate hospitality to other councils' representatives.

d. Incidentals Telephone Council will meet the reasonable cost of telephone calls from the Councillor to his/her family and to Council during the period of the conference/seminar/training/educational activity or other


ITEM NO: H.10.1


Council business (up to $20.00 per day) and other telephone expenses are to be paid for by the Councillor. Laundry Council will not meet the cost of laundry or dry cleaning services. Such services are to be met by the Councillor. Tipping Council will not meet the cost of any tips provided by the Councillor. Bar Fridge Council will not meet the costs of incurred from the use of the bar fridge provided in a hotel room. Bar Service Council will not meet the cost of any expenses incurred at a bar. Car Parking Council will meet the cost of car parking at the site of the conference/seminar/training/educational activity or hotel each day of the conference/seminar/training course or other Council business.

After returning from the conference/seminar/training course, a Councillor (or a member of staff accompanying the Councillor), should provide a written report to Council on the aspects of the conference relevant to Council business and/or the local community. (No written report is required for the annual conference of the Shires Association)

2.2 Travel Arrangements

General travel arrangements: All travel by councillors should be undertaken by utilising the most direct route and the most practicable and economical mode of transport, subject to any personal medical considerations. Interstate and Overseas Travel: Any travel by Councillors interstate or overseas must be approved on an individual trip basis at an open meeting of Council and is subject to budgetary constraints. Applications for interstate travel must include full details of the travel, including itinerary, costs and reasons for travel. Application for overseas travel must include detailed proposals of the nomination of the Councillors undertaking the trip, purpose of the trip and expected benefits. The duration, itinerary and approximate total costs of each overseas trip must also be provided. For the purpose of this policy the Australian Capital Territory (ACT) is considered to be a part of New South Wales (NSW). Council provided vehicle Councillors will be entitled to travel to a conference/seminar/training/educational activity and official engagements and functions, where the Councillor has been duly authorised by the Council or is deputising for the Mayor, at the expense of the Council, by Council vehicle, unless specifically authorised otherwise by Council resolution. When a Council vehicle is allocated to a Councillor for use on Council business, only a Councillor, a staff member or a licensed driver authorised by the Councillor should operate the vehicle.


ITEM NO: H.10.1


Where a Council vehicle is provided, Council shall reimburse the Councillor for any incurred fuel, oil, parking fees or similar vehicle costs. Any traffic or parking fines incurred while travelling in a private or Council vehicle on Council business is the responsibility of the person driving at the time of the offence, Council will not reimburse any of these costs. Provision of own Motor Vehicle: Where a Councillor is required to utilise his/her own private vehicle in connection with approved Council business, he/she will be paid a rate per kilometre equivalent to the appropriate engine capacity rate of an employee’s vehicle as contained in the Local Government (State) Award 2014. Where a Councillor’s private vehicle is provided, Council shall reimburse the Councillor for any incurred parking fees. Where a Councillor is required to use their own vehicle, they should advise their comprehensive insurance provider that the vehicle will be used on Council business. Claims For Travelling Expenses

a. Claims for travelling expenses shall be submitted no later than one (1) month after the

expenses were incurred. b. Such claims shall state the following:-

i. Time and place of departure ii. Time and place of arrival iii. Distance travelled iv. Fares and parking fees paid, attaching receipts where possible v. Number of days and hours occupied in travelling to and from the

conference/seminar/training/educational activity and attending Council meetings or on the authorised business of Council

vi. Total amount of claim c. Travelling Expenses

The rate of calculation of the amount payable for travel in a Councillor's own car shall be the rate payable for claims in the Local Government (State) Award 2014.

2.3 Refreshments at Meetings and Functions

Council may provide suitable refreshments prior to, at or following Council and Committee meetings. Council may provide food and beverage when hosting meetings, civic receptions, citizenship ceremonies, and other functions. The standard of the food and beverage provided will be determined by the Mayor in consultation with the General Manager.

2.4 Care and other related Expenses

Council will reimburse Councillors the reasonable cost of carer arrangements, including childcare expenses and the care of elderly, disabled and/or sick immediate family members of Councillors, to allow Councillors to undertake their Council business obligations. The provisions for these expenses are as follows:

a) Childcare expenses for children up to and including the age of 16 years are payable when a

Councillor attends: Council meetings, inspections, formal briefing sessions and civic or ceremonial

functions convened by the Mayor or Council; Committee meetings; Meetings scheduled by Council or the Mayor; Meetings arising as a result of a Councillor being appointed by Council to an outside

body or committee; or A meeting or function or other official role as a representative of Council or the Mayor.


ITEM NO: H.10.1


b) Expenses are paid to registered carers or approved child care services up to one hour before and one hour after such functions set out above (based on advertised starting time), less any rebate, subsidy or the like that may be applicable.

c) A maximum amount of $200 per month per Councillor will be paid in accordance with this

provision. d) Claims are to be submitted, with necessary documents such as tax invoices or where

required doctor’s certificate or the like, to the General Manager within one month after the occurrence of expenses under this provision.

2.5 Reasonable Legal Expenses

Council may disburse money only if the disbursement is authorised by the Local Government Act 1993, either expressly or because it is supplemental or incidental to or consequential upon the exercise of its functions.

Council may reimburse reasonable legal expenses in the following circumstances:

a) A Councillor defending an action arising from the performance in good faith of a function under

the local Government Act (section 731 refers); or b) A Councillor defending an action in defamation provided the statements complained of were in

good faith in the course of exercising a function under the Act; or c) A Councillor for proceedings before the Local Government Pecuniary Interest and Disciplinary

Tribunal or an investigative body provided the subject of the proceedings arises from the performance in good faith of a function under the Act and the Tribunal or investigative body makes a finding substantially favourable to the Councillor.

Expenses will not be covered in relation to proceedings arising merely from something that a Councillor has done during his or her term in

office. a Councillor seeking advice in respect of the Councillor taking possible defamation action, or in

seeking a non-litigious remedy for possible defamation. (DLG Circular 05/08). proceedings if initiated by a Councillor under any circumstance or if the legal outcome is not in

favour of the Councillor.

Council may lawfully obtain insurance cover against the risk of having to meet the costs of or to reimburse a Councillor provided that the costs or reimbursements are ones that Council is authorised to meet.

2.6 Insurance

Council will provide all Councillors with personal accident cover, Councillors’ & Officers’ Liability Insurance and other appropriate insurance cover required in the discharge of their official duties.

3. PROVISION OF FACILITIES

3.1 Provision of facilities generally

Council will provide facilities to support the Mayor and the Councillors to undertake their role as elected members of the Council.

3.2 Use of Council resources

Use of Council resources is subject to the provisions of the Code of Conduct and Council’s policies.

Council facilities, equipment and services are not to be used to produce election material or for any other political purpose.

3.3 Return of facilities


ITEM NO: H.10.1


At the end of involvement with Council, all property of the Council must be delivered to the General Manager. Council may provide Councillors with the opportunity to purchase Council equipment previously allocated to them at the cessation of their duties. If Council makes available such an option, the item for sale should be purchased at an agreed fair market price or written down value.

3.4 Private use of equipment and facilities

Councillors should not generally obtain private benefit from the provision of equipment and facilities, nor from travel bonus or any other loyalty schemes. However, Council acknowledges that incidental use of Council equipment and facilities may occur from time to time. Such incidental private use is not subject to a compensatory payment. Where private use occurs, the Councillor will discuss the matter with the General Manager and reimburse the agreed sum.

3.5 Provision of Equipment and Facilities for Councillors

Each Councillor will be provided with the following upon election to office:- a. Access to the Local Government Act 1993, and Regulations. b. A suitable name badge and business cards. c. A fax/printer machine, if required, which remains the property of Council and must be returned

to Council upon the Councillor ceasing to hold office. Replacement paper and printer cartridges will be provided for Council purposes.

d. An interest free loan up to a maximum amount of $3000 for the purchase of information technology equipment (computer and peripherals), which is to be repaid by a deduction from fees over a maximum period of 3 years and with a minimum payment of $90 per month. Any balance outstanding is to be paid on cessation of office with Council.

e. Provision of a tablet/iPad, if required, which remains the property of Council and must be returned to Council upon the Councillor ceasing to hold office.

f. Access to and use of Council photocopiers, telephones, facsimile or computers at Council offices for official Council use.

g. Stationery in the form of a diary, writing pads, pens, facsimile or printer paper for official Council use.

g. Sufficient personalised Councillor letterhead for use by Councillors for official correspondence. Council letterheads may be used by Councillors only for the purpose of communicating

with constituents on matters of general Council concern; Copies of all correspondence written to and from Councillors including letters and emails

regarding Council business are to be provided to Council’s Records Department for registration into its Electronic Document Management System (TRIM).

The letterhead cover must NOT be used for promoting the political interests of Councillors or of any State or Federal Political Party or representative;

Council’s letterhead should not be used to express opinions or beliefs which are in contradiction to a decision which has been made, or policy adopted, by Council;

Council will not be held responsible for the content of correspondence distributed under the hand of an individual Councillor and reserves the right to withdraw the supply of the letterhead from individual Councillors at any time should this policy be contravened;

Councillor letterhead/facsimile cover page shall include the contact details of the Councillor (and a photo if requested). Groups and affiliations are not to be displayed on Council supplied letterhead;

Council stationery is not to be converted or modified in any way; and The Councillor letterhead supplied to Councillors may carry the following disclaimer:

"The statements made in this correspondence are the view of the individual Councillor and do not necessarily reflect the views or the position of the Council or Management of Upper Hunter Shire Council”.

h. Provision of corporate ties or scarves. i. Any facility made available to the Mayor, as deemed appropriate by the Mayor.

3.6 Provision of Additional Equipment and Facilities for the Mayor

The Mayor will be provided, at the Mayor’s discretion, with the following:- a. An office suitably furnished. b. An allotted parking space adjacent to the Council Chambers.


ITEM NO: H.10.1


c. A suitable name badge for the Mayor and Mayoress and business cards. d. A beverage fridge located in the Mayoral office which, at the discretion of the Mayor, will be

maintained and stocked by Council subject to an annual limit of $500. e. Council will provide tea, coffee and refreshments to the Mayor when fulfilling the Mayoral

duties as required. f. Sufficient Mayoral letterhead for use by the Mayor for official correspondence. g. A mobile phone will be provided, if required, for official Council use including cost of telephone

calls for official duties. h. Provision of a tablet/iPad, if required, which remains the property of Council and must be

returned to Council upon the Councillor ceasing to hold office. i. A Corporate Credit Card may be provided for expenses incurred in official duties in

accordance with this policy. j. Secretarial support by the General Manager’s Personal Assistant. k. Access key to Council’s administrative offices and chambers in Scone. l. Council may provide a fully maintained motor vehicle for official duties for the Mayor and

private use in accordance with Council’s policy for motor vehicles for staff. This vehicle will be available to other Councillors and staff representing Council at functions when the Mayor is not attending.

Where provided, the vehicle shall always remain the property of the Council. The Mayor will be entitled to use the motor vehicle for purposes other than the discharge of functions of the civic office and the performance of Council business. Fees payable to the Mayor will not be reduced for any private benefit gained from the private use of the vehicle. The Mayor is entitled to authorise any licensed driver to drive the Mayoral vehicle (where provided). The vehicle may be fitted with a dedicated E-tag for tollways within the State, at the discretion of the Mayor. Council will be responsible for the associated costs and any accumulated fares accrued by utilising the E-tag.

3.7 Provision of Additional Equipment and Facilities for the Deputy Mayor

The Deputy Mayor, at the sole discretion of the Mayor, may have the use of the facilities provided to the Mayor and when the Deputy Mayor is acting in the position of Mayor due to the absence of the Mayor, the Deputy Mayor will have use of the following facilities:- a. Mayoral Office. b. Council will provide tea, coffee and refreshments to the Deputy Mayor when fulfilling the

Mayoral duties as required. c. A suitable name badge. d. Use of the Mayoral motor vehicle (where provided) when representing Council at functions when

the Mayor is not attending. e. In the absence of the Mayor, Secretarial support by the General Manager’s Personal Assistant. Any aforementioned equipment provided to the Mayor, Deputy Mayor and Councillors remains the property of the Council and is to be returned immediately the Mayor, Deputy Mayor or Councillor ceases to hold office.

4. OTHER MATTERS

4.1 Reporting Requirements

Sections 428 (2) (f) and (r) of the Local Government Act 1993 requires a Council to include in its Annual Report: a) Total amount of money expended during the year on Mayoral and Councillor fees; b) Council’s policy on the provision of facilities for, and the payment of expenses to Councillors; c) Total amount of money expended during the year on providing those facilities and paying

those expenses. d) Such other information the Local Government (General) Regulations 2005 may require. e) Section 217 of the Local Government (General) Regulations 2005 requires Council to include

in its annual report


ITEM NO: H.10.1


details (including the purpose) of overseas visits undertaken during the year by Councillors, staff, or other persons representing the Council (including visits sponsored by other organisations);

the total cost of expenses and the provision of facilities for the Mayor and all Councillors; the cost of phone calls including mobiles, home located landlines, facsimile and internet

services spouse/partner/ accompanying person expenses conference and seminar expenses training and skill development expenses interstate travel expenses overseas travel expenses care and other related expenses the cost of the provision, including rental, of dedicated office equipment allocated to

councillors on a personal basis such as laptop computers, mobile phones, telephones and facsimile machines and internet installed in the councillors’ homes. This item does not include the costs of using this equipment, such as calls.

In addition to the statutory reporting requirements, Councils should report other costs where these are significant. For example, Councils should report the cost of the provision of facilities and equipment where such provision is above what would normally be required for the day-to-day running of the Council.

4.2 Disputes Any disputes should be referred to the General Manager for resolution.


ITEM NO: H.10.1


References

1. Legislative Provisions Local Government Act 1993 – Sections 23A, 252-254 and 428 Local Government (General) Regulations 2005 – Sections 217 and 403

2. Other Government Policy Provisions

Department of Local Government “Guidelines for payment of expenses and provision of facilities”. Code of Conduct Department of Local Government Circulars to Councils ICAC publications

3. Policy reviewed by Department of Local Government as “adequately meeting the legislation and

guidelines” in January 2008. Recommended improvements incorporated in revised document adopted by Council on 31 March 2008. Adopted unchanged at its meetings 2009, 2010, 2011 & 2012.

4. This policy is to be considered by Council at its meeting on 27 October 2014 after being placed on

public exhibition. Review Date September each year, by the General Manager and Mayor. Authorised by:……………………………………. ………………………………

Waid Crockett, General Manager Date


ITEM NO: H.10.1


UPPER HUNTER SHIRE COUNCIL

COUNCILLOR APPLICATION FOR A CONFERENCE/SEMINAR/TRAINING/EDUCATIONAL ACTIVITY/EVENT

SURNAME: FIRST NAME:

Complete the following and, if a course, please attach course details brochure or, if an event, provide a brief description.

Course Provider/Event Host:

Course/Event Name:

Course/Event Location:

Purpose of Course/ Reason for Attending Event:

EXPENSES OTHER DETAILS (OPTIONAL)

Registration fees: $

Accommodation: $

Travel/motor vehicle costs: $

Meals $

Carer arrangements: $

Incidentals and other costs: $

Total charge to job number: 3020.330.644 $

Councillor signature: Date:

Approval for attendance at conferences etc where possible should be approved at a Council meeting. If this is not possible then approval should be given jointly by the Mayor and the General Manager. If the Mayor requires approval, it should be given jointly by the Deputy Mayor and the General Manager. Approval for discretionary trips such as attendance at community meetings should be obtained from the Mayor and General Manager.

Approved by Council resolution: Item No: Meeting Date:

Approved by: Mayor General Manager Date:

Approved by: Deputy Mayor General Manager Date:


ITEM NO: H.10.1



Councillor Computer Purchase Agreement form

Councillor Name …………………………………………………………………. Council will make available funds to enable the purchase of personal computers and peripherals by Councillors. The funds will represent an interest free loan and are subject to the following conditions:- 1. Maximum amount to be lent per Councillor is $3,000. 2. Maximum period for repayment 3 years with minimum payment of $90 per month. 3. Any balance outstanding is to be paid on cessation of office with Council. 4. Purchase and maintenance of the personal computer and peripherals is the responsibility of the

Councillor. The purchase price includes goods and services tax. By signing this form, the Councillor acknowledges that the loan is to facilitate the development of personal computer skills and agrees to the conditions contained herein. Please complete the following section and return it to the Mayor, with a copy of the supplier’s invoice. Total cost of the personal computer, peripherals and software purchased $……………. Repayment to be over ……………………… months. Amount of repayments $………………….. per month. I authorize the amount of $………………… to be deducted from my fees each month. ………………………………. ………………………………….. Councillor (signature) Date ……………………………… …………………………………… Mayor Date


ITEM NO: H.10.1


INVOICE

On account of ……………………………………………… (Councillor)

To UPPER HUNTER SHIRE COUNCIL

OFFICE USE ONLY

(A) Travel Kilometres for

Date Purpose Place of Departure

Place of Arrival

Place of Return

Km Rate *

Under 2.5 litre $0.68 per km

2.5 litres & over $0.78 per km

Council Meeting

Home

Council

Home

Finance Committee Meeting

Home

Council

Home

Development & Environmental Services Committee Meeting

Home Council Home

Works & Technical Services Committee Meeting

Home Council Home

(B) Other (attach receipts)

Date Purpose $

Signature: Date:

Approved: Date:

Account 3020.330.619


ITEM NO: H.10.1


* The Local Government (State) Award 2014, Part B, Monetary Rates, Table 2, Allowances: Clause 13(viii)


Corporate Services


H.10.2 COUNCIL POLICY - SECTION 356 GENERAL DONATIONS



PURPOSE All new or updated policies require endorsement of Council within the term of Council. Council’s Policy – Section 356 General Donations has been reviewed.

RECOMMENDATION That Council adopt the revised Policy for Section 356 General Donations.

BACKGROUND Council adopted a policy on 5 March 2013 in regard to the S356 General Donations. This policy has now been reviewed. REPORT/PROPOSAL The policy has been amended to reflect the resolution from Council on 22 September 2014 in regard to a further rates donation. OPTIONS

1. Adopt the policy 2. Amend the policy 3. Leave current policy unchanged

CONSULTATION Amended as per Council resolution of 22 September 2014. STRATEGIC LINKS a. Community Strategic Plan 2013+ Encourage an open and participating Council with an emphasis on community engagement, action and response. b. Delivery Program Effectively and efficiently manage the business of Council within its charter. c. Other Plans Not applicable.


Corporate Services


IMPLICATIONS a. Policy and Procedural Implications Replaces currently adopted Council policy. All policies should be reviewed within one year of a newly elected Council. b. Financial Implications Not applicable. c. Legislative Implications In accordance with the State Records Act 1998. d. Risk Implications Reduced risk implications due to having appropriate policy. e. Other Implications Nil. CONCLUSION That the policy will be updated.

ATTACHMENTS

1 Grants and Subsidies - Policy - Programs - Section 356 General Donations - September 2014

RESOLVED that Council adopt the revised Policy for Section 356 General Donations.

Moved: Cr R Campbell Seconded: Cr P Bishop CARRIED

ATTACHMENT NO: 1 - GRANTS AND SUBSIDIES - POLICY - PROGRAMS - SECTION 356 GENERAL DONATIONS - SEPTEMBER 2014

ITEM NO: H.10.2



GRANTS AND SUBSIDIES – POLICY – PROGRAMS – Section 356 General Donations Policy

Council will, in accordance with a resolution, contribute money or otherwise grant financial assistance to persons for the purpose of exercising Council’s functions, in accordance with section 356 of the Local Government Act.

Objective

To provide transparency and accountability and to cover issues such as: Forms of application for financial assistance Assessment processes, including, where applicable, obtaining supporting information to establish

the bona fides of applications Procedures for ensuring public notice is given and for dealing with any public submissions Establishing clear and transparent criteria for the assessment of applications for financial

assistance A procedure for ensuring financial assistance is used by the recipient for the specified purpose.

The policy has sufficient flexibility to ensure that Council strikes an appropriate balance between prudent financial management and its ability to effectively meet meritorious requests for financial assistance.

Procedures/Practice

1. Form of application

A person will make application for financial assistance in writing to Council.

Applications may be considered for approval by Council: As part of the adoption of the annual Delivery Program and Operational Plan; or, By submission of a business paper to Council.

2. Assessment process

The General Manager will review applications on an individual basis in relation to the functions of Council, its Vision, Mission and Charter.

Council will consider applications submitted to it by the General Manager or his/her delegate.

3. Public notice

In relation to section 356 (2) of the Act (refer to Reference no 2), Council will provide at least 28 days’ public notice of the council’s proposal to pass the necessary resolution.

Public notice is not required if:-

the assistance is part of a specific program which has been included in Council’s

Delivery Program and Operational Plan; the program’s budget does not exceed 5% of Council’s income from ordinary rates for

the year; and the program is uniformly available to all or a significant group of persons within the area.

4. Assessment criteria

The General Manager and Council will assess the application in relation to the following criteria:


ITEM NO: H.10.2


(a) Residents (individual and teams) representing the Shire; (b) Events which promote the towns of Aberdeen, Merriwa, Murrurundi and/or Scone (c) Events which promote the Upper Hunter and the Shire. (d) The rental subsidy that may be provided to a community service organisation which

occupies a Council building or property as a tenant. (Refer to GRANTS AND SUBSIDIES – POLICY - PROGRAMS – Section 356 Rental Subsidies)

5. Review of Financial Assistance

Following approval of the application by Council, the responsible officer will prepare a “Payment Request” form and a letter requesting the recipient of the financial assistance to confirm that the funds have been used for the specified purpose.

6. Section 356 Contributions Assessed when preparing the annual Delivery Program and

Operational Plan

Council will determine the contribution within the annual budget.

(a) Community Halls and Facilities (ratable): to the value of the rates for the Bunnan Public Hall, Timor Community Hall, Wingen School of Arts and Cassilis Guild Hall.

(b) School and TAFE Prizes: to the value of $200 per primary, secondary and tertiary

institution per annum, for educational purposes or prizes.

(c) School Achievement Awards: one achievement award for each of the four secondary schools in the Upper Hunter Shire, up to the value of $1,000 per secondary school per annum.

(d) Events which promote the Upper Hunter and the Upper Hunter Shire

Muswellbrook & Upper Hunter Eisteddfod ($300) Upper Hunter Regional Show & Expo ($200) Otherwise, sponsorship to the value of $200 per event per annum.

(e) Resident representation at Regional, State and National Events: for Upper Hunter

Shire residents who have been selected by a regional (eg Hunter), state or national body to participate in a recognised sporting or cultural event, up to $2,000 per annum.

Individual

Up To Team or

Group Up To

Regional event (held within NSW) $100 $200 National event (held within Australia) $250 $500 International event (held within Australia or overseas) $500 $1,000

(f) Local Cultural Organisations: for the support of cultural activities within the Shire

Murrurundi Arts Council ($150 for electricity at the Railway Station) Upper Hunter Regional Arts Project, as annually determined in the Delivery

Program and Operational Plan.

Cultural Activities Grant Program: to assist community organisations to provide cultural activities in the Shire as annually determined in the Delivery Program and Operational Plan.

(g)

(h) Creative Arts Excellence Awards: to celebrate the young people in the Shire by recognising their achievements and supporting their further education in the creative arts. One award up to the value of $1,000 per secondary school per annum.


ITEM NO: H.10.2


(i) Young Citizen of the Year Awards: one in each town (4) and for the Shire.

(j) Young Endeavour Scheme: dinner and berths (6). (k) Events and Festivals which Promote Towns:

Aberdeen Highland Games ($3,000) Merriwa Festival of the Fleeces ($5,000) Merriwa Show donation to the value of fees payable and in-kind support) Murrurundi King of the Ranges ($4,000 plus in-kind support) Scone Horse Festival ($5,000) Other small Festivals ($1,000)

(l) Local Chamber, Development or Progress Associations:

Merriwa District Progress Association ($500) Murrurundi Chamber of Commerce ($500) Scone Chamber of Commerce and Industry Inc ($1,700)

(m) Australia Day

As determined from time to time by the Council and provided in the annual budget to assist various groups which assist Council to celebrate Australia Day or which provide events for the celebrations. For example:

Scone and Upper Hunter Historical Society, provides the venue for Council to hold

its Australia Day function together with the combined Hunter McLoughlin Citizenship Award and Naturalization Ceremonies. Members of the Society provide morning tea, seating and shade for all guests.

The Scone and Aberdeen Scouts and Guides provide a ‘guard of honour’ for the Australia Day Ambassador, Mayor and dignitaries at the commencement of the Australia Day function. They also raise the Australian flag, help with the setting up and removal of chairs, shade etc.

RSL Pipes & Drums entertain guests prior to the arrival of dignitaries, play or pipe national anthem and provide music at the conclusion of the ceremony.

(n) Charitable Organisations: no contributions are provided as it is the individual choice of

the ratepayers to make donations and Council is of the opinion it should not contribute.

(o) Non-Rateable Properties: no contributions are provided.

7. Section 356 Contributions: Rental Subsidies Council will provide a rental subsidy to a community service organisation which occupies a Council building or property as a tenant. Refer to GRANTS AND SUBSIDIES – POLICY - PROGRAMS – Section 356 Rental Subsidies.

References

1. Department of Local Government circular to councils 06 – 32, 18 May 2006 “Provision of Financial Assistance under section 356 of the Local Government Act - Developing A Financial Assistance Policy”.

2. Local Government Act 1993 section 356 Can a council financially assist others?

(1) A council may, in accordance with a resolution of the council, contribute money or otherwise grant financial assistance to persons for the purpose of exercising its functions.

(2) A proposed recipient who acts for private gain is not ineligible to be granted financial assistance but must not receive any benefit under this section until at least 28 days’


ITEM NO: H.10.2


public notice of the council’s proposal to pass the necessary resolution has been given. (3) However, public notice is not required if:

(a) the financial assistance is part of a specific program, and (b) the program’s details have been included in the council’s draft management plan

for the year in which the financial assistance is proposed to be given, and (c) the program’s proposed budget for that year does not exceed 5 per cent of the

council’s proposed income from the ordinary rates levied for that year, and (d) the program applies uniformly to all persons within the council’s area or to a

significant group of persons within the area.

3. Council’s Vision, Mission and Charter (refer to the current Delivery Program and Operational Plan)

4. GRANTS AND SUBSIDIES – POLICY - PROGRAMS – Section 356 Rental Subsidies

5. This policy is to be considered by Council on 27 October 2014. It replaces a policy of the

same title, adopted on 25 March 2013. Review Date

October 2016, by Director Corporate Services Authorised by:………………………………………………… ………………

Waid Crockett, General Manager Date




STAFF/RESOURCES REPORTS

K.10.1 QUESTIONS WITH/WITHOUT NOTICE



At the ordinary Council meeting of 22 September 2014 the following questions were asked: Cr Lee Watts

Asked could Council look into finding a suitable location for a Community Notice Board following the one located at Coles being burnt down again.

Officer’s Response: Council will look into this matter. Cr Deirdre Peebles

1. Could Council look at roadside numbers at Merriwa? Some are missing making it difficult for emergency services to find properties.

Officer’s Response: This has been investigated. The Director Technical Services, Manager Technical Support Services and Cr Campbell met with the Merriwa mail delivery person. Issues have been identified and are being rectified. An update was provided to the Local Emergency Management Committee at its recent meeting.

2. With the new doctor in Merriwa now started practising, can Council offer the same assistance as the other doctors in Merriwa?

Officer’s Response: The General Manager advised that Council would consider this once a formal request was received.

Cr Ron Campbell

1. Can Council get the tree lopped on MR358 which is 21 kms from the Gummun and Willow Tree Roads turnoff.

Officer’s Response: The Acting Manager Civil Operations advised that the lowest offending branches have been removed.

2. Asked about the roofing on a relocated dwelling at 12 Vennacher Street, Merriwa

(proposed Lot 101) which has had the roof painted over existing rust. What standards are in place to ensure this doesn’t take place?

Officer’s Response: The Director Environmental Services spoke with Council’s Senior Health and Building Surveyor who has inspected the roof and advised that the roof is secure, water-tight and structurally adequate. It is considered that the condition of the roof is such that its replacement is not warranted. In this regard, it would be difficult for Council to force the owner to replace the roof or sections of roof cladding.

ATTACHMENTS Nil.




CLOSED COUNCIL RESOLVED that Council move into Closed Council with the press and public excluded in accordance with Section 10(2)(c) of the Local Government Act 1993.

Moved: Cr P Bishop Seconded: Cr L Driscoll CARRIED

Report To Confidential Ordinary Council Meeting 27 October 2014

Corporate Services


CONFIDENTIAL REPORTS

CR.10.1 TENDER - CLEANING OF COUNCIL BUILDINGS



This matter is considered to be confidential under Section 10A(2) (d ii) of the Local Government Act, as it deals with commercial information of a confidential nature that would, if disclosed (ii) confer a commercial advantage on a competitor of the Council.

PURPOSE The purpose of this report is for Council to consider and select the preferred tender for the cleaning of a number of its buildings for a period of 26 months commencing 1 November 2014. RESOLVED that Council adopt the recommendations outlined in the confidential report.

Moved: Cr D Peebles Seconded: Cr L Watts CARRIED


Corporate Services


CR.10.2 TENDER T221415 - PROVISION OF LINE MARKING



This matter is considered to be confidential under Section 10A(2) (d ii) of the Local Government Act, as it deals with commercial information of a confidential nature that would, if disclosed (ii) confer a commercial advantage on a competitor of the Council.

PURPOSE Council participates in a tender process for the provision of line marking with a number of other Council’s through Regional Procurement. The tender is for a 24 month period from 1 October 2014 to 30 September 2016 with a twelve month option available. The value to Upper Hunter Shire Council for this period would be greater than $150,000. RESOLVED that Council adopt the recommendations outlined in the confidential report.

Moved: Cr P Bishop Seconded: Cr L Driscoll CARRIED


Corporate Services


CR.10.3 SUPPLY OF ELECTRICITY FOR CONTESTABLE SITES AND STREET LIGHTING



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.

PURPOSE The purpose of this report is to consider results of a Reverse Auction for Council’s contestable electricity and street lighting which is to be held on 23 October 2014 at the Scone Administration Centre. Details will be provided after the Reverse Auction. RESOLVED that Council adopt the recommendations outlined in the confidential report.

Moved: Cr W Bedggood Seconded: Cr K Fisher CARRIED


Corporate Services


CR.10.4 TENDER T291415HUN - SUPPLY & DELIVERY OF ROAD BASE MATERIAL



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.

PURPOSE Council participated in a tender process for the supply and delivery of Road Base Material with a number of other Councils through Regional Procurement. The tender is for 26 months from 1 November 2014 to 31 December 2016, with a twelve month option available. The value to Upper Hunter Shire Council is not known and depends on requirements over the three year period. RESOLVED that Council adopt the recommendations outlined in the confidential report.

Moved: Cr R Campbell Seconded: Cr W Bedggood CARRIED RETURN TO OPEN MEETING RESOLVED that the meeting move back into Open Council.

Moved: Cr D Peebles Seconded: Cr K Fisher CARRIED Upon resuming Open Council the recommendations outlined in the confidential reports were adopted.

Moved: Cr D Peebles Seconded: Cr K Fisher CARRIED THERE BEING NO FURTHER BUSINESS THE MEETING CLOSED AT 5.20PM.