Ordinary Council Meeting - 22 December 2008 - MINUTES

Page 1 of 87 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 22 December 2008 ACTING MAYOR GENERAL MANAGER

MINUTES OF THE ORDINARY MEETING OF UPPER HUNTER SHIRE COUNCIL HELD ON MONDAY, 22 DECEMBER 2008 AT THE COUNCIL CHAMBERS, MAIN STREET, SCONE COMMENCING AT 4.00PM

PRESENT: Cr Lee Watts (Acting Mayor), Cr Errol Bates, Cr Peter Hodges, Cr Deirdre Peebles, Cr Bill Howey, Cr Lorna Driscoll and Cr Michael Johnsen. APOLOGIES: RESOLVED that the apologies received from Mayor Barry Rose and Cr Claire Pfister-Paradice be accepted and leave of absence granted.

Moved: Cr D Peebles Seconded: Cr L Driscoll CARRIED IN ATTENDANCE: Mr Daryl Dutton (General Manager), Mr David Casson (Director Environmental Services), Mr Bede Spannagle (Director Technical Services), Mr Steve Pryor (Acting Director Corporate Services), Mrs Robyn Adams (Manager Finance) and Mrs Robyn Cox (Executive Personal Assistant) ADOPTION OF MINUTES: RESOLVED that the minutes of the ordinary meeting held on 24 November 2008 be adopted.

Moved: Cr M Johnsen Seconded: Cr P Hodges CARRIED

DECLARATIONS OF INTEREST: Cr Michael Johnsen C.12.1 Finance Committee

C.12.13 Works & Technical Services Committee Item 4 – 2008/09 Regional and Local Community Infrastructure Program

PUBLIC PARTICIPATION: C.12.9 DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE

Item 12.1 DA 267/08 Storage Shed – 75 Satur Road Scone

Fiona Collison, applicant C.12.13 WORKS & TECHNICAL SERVICES COMMITTEE

Item 3 Kelly Street Upgrade Proposal Mr B V (Val) Quinell – Chief Engineer, Pay’s Air Service Pty Ltd Mr Dave Brown Mr Paul Heaton Mr Noel Leckie Mrs Sue Abbott


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MAYOR MINUTES ....................................................................................................... 3 A.12.1 GENERAL MANAGER - CONTRACT OF EMPLOYMENT .......................................................3

COMMITTEE/DELEGATES REPORTS ....................................................................... 5 C.12.1 FINANCE COMMITTEE ............................................................................................................5 C.12.2 ADVANCING ABERDEEN COMMITTEE..................................................................................6 C.12.3 MERRIWA AGED HOSTEL COMMITTEE ................................................................................9 C.12.4 MERRIWA DISTRICT AUSTRALIA DAY COMMITTEE..........................................................14 C.12.5 AUSTRALIA DAY COMMITTEES ...........................................................................................17 C.12.6 SCONE SALEYARDS COMMITTEE.......................................................................................19 C.12.7 UPPER HUNTER TRAFFIC COMMITTEE..............................................................................27 C.12.8 HUNTER COUNCILS RISK MANAGEMENT TEAM ...............................................................30 C.12.9 DEVELOPMENT AND ENVIRONMENTAL SERVICES COMMITTEE ...................................35 C.12.10 DARTBROOK COMMUNITY CONSULTATIVE COMMITTEE ...............................................37 C.12.11 COMMUNITY WATCH COMMITTEE......................................................................................43 C.12.12 UPPER HUNTER COUNTY COUNCIL ...................................................................................46 C.12.13 WORKS AND TECHNICAL SERVICES COMMITTEE ...........................................................51

DEVELOPMENT ........................................................................................................ 65 D.12.1 NSW DEPARTMENT OF PLANNING - PLANNING REFORMS.............................................65 D.12.2 POLICY GUIDELINES FOR FLORA AND FAUNA ASSESSMENT ........................................67

GENERAL ADMINISTRATION .................................................................................. 69 G.12.1 HUNTER COUNCILS BOARD STRUCTURE .........................................................................69 G.12.2 STATEMENT OF BUSINESS ETHICS....................................................................................72 G.12.3 SCHOOL ACHIEVEMENT AWARDS & CREATIVE ARTS EXCELLENCE AWARDS............76 G.12.4 REQUEST FOR DONATION – UPPER HUNTER EDUCATION FUND INC...........................80 G.12.5 REQUEST FOR DONATION – INTERGRATED LIVING ........................................................82

POLICIES................................................................................................................... 84 H.12.1 COUNCIL POLICIES...............................................................................................................84

WORKS/TECHNICAL ................................................................................................ 87 J.12.1 WHITE PARK SELLING COMPLEX........................................................................................87


MAYORAL MINUTES Section: MAYORAL MINUTES A.12.1 GENERAL MANAGER - CONTRACT OF EMPLOYMENT Council: 22 December 2008 RECOMMENDATION: That Council move into Closed Committee of the Council with the public excluded in accordance with Section 10(2)(a) of the Local Government Act to consider the annual performance review of the General Manager’s employment contract. BACKGROUND: • The General Manager is responsible for the efficient and effective operation of the Council’s organisation

and for ensuring the implementation, without undue delay, of decisions of the Council. • The General Manager is employed under a five (5) year performance based contract. • In accordance with the contract, a performance review is undertaken annually. • Acting Mayor Lee Watts and Cr Errol Bates have undertaken the review. ISSUES: • An annual performance review is required to be undertaken in accordance with the employment contract of

the General Manager • The outcome of the review is required to be considered in a meeting closed to the public as it contains

personnel matters of an individual in accordance with Section 10(2)(a) of the Local Government Act, 1993. SUSTAINABILITY: No issues. OPTIONS: To agree, disagree or modify the recommendation. FINANCIAL CONSIDERATIONS: The remuneration for the General Manager is provided in the Management Plan and budget adopted by Council. RESOLVED that Council move into Closed Committee of the Council with the public excluded in accordance with Section 10(2)(a) of the Local Government Act to consider the annual performance review of the General Manager’s employment contract.

Moved: Cr L Driscoll Seconded: Cr E Bates CARRIED RESOLVED that Council note and endorse the outcome of the performance review undertaken by the Acting Mayor Lee Watts and Cr Errol Bates with the General Manager on 15 December 2008, including a 3.2% increase in the General Manager’s remuneration package.

Moved: Cr P Hodges Seconded: Cr E Bates CARRIED RESOLVED that Council move back into Open Council:

Moved: Cr E Bates Seconded: Cr P Hodges CARRIED

Upon resuming Open Council the following recommendations were adopted: RESOLVED that Council note and endorse the outcome of the performance review undertaken by the Acting Mayor Lee Watts and Cr Errol Bates with the General Manager on 15 December 2008, including a 3.2% increase in the General Manager’s remuneration package.



QUESTIONS WITHOUT NOTICE Cr E Bates: Police in Merriwa

Is Council aware of the lack of police presence in Merriwa. Could this matter be brought forward once again. The General Manager advised that this will be followed up.


COMMITTEE/DELEGATES REPORTS Section: COMMITTEE/DELEGATES

C.12.1 FINANCE COMMITTEE Council: 22 December 2008 RECOMMENDATION: That the recommendations of the Finance Committee as circulated be adopted. BACKGROUND: The Finance Committee meeting has been called for Friday, 18 December 2008. Recommendations from that meeting will be available at the Council meeting. ISSUES: As per agenda paper. OPTIONS: Not applicable. FINANCIAL CONSIDERATIONS: As per report. Declaration of Interest Cr Michael Johnsen declared an interest in this matter as he was President of the Scone Rugby League Football Club at the time request for funding was made. He vacated the Chamber and took no part in discussions. F.12.1 RESOLVED that Council note the financial report for the period.

Moved: Cr P Hodges Seconded: Cr B Howey CARRIED

F.12.2 RESOLVED that Council: 1. Note the comments on the budget variations by managers. 2. Vote the funds requested and note the source of funds, as detailed by the managers.

Moved: Cr P Hodges Seconded: Cr D Peebles CARRIED


Section: COMMITTEES/DELEGATES REP-506/08

C.12.2 ADVANCING ABERDEEN COMMITTEE Council: 22 December 2008 RECOMMENDATION: That Council note the minutes of the Advancing Aberdeen Committee meeting held on 8 December 2008.

BACKGROUND: The meeting of the Advancing Aberdeen Committee was held on Monday, 8 December 2008 at the Aberdeen Library. The minutes of the meeting are included as attachment 1. ISSUES: Nil SUSTAINABILITY: Not applicable. OPTIONS: Nil. FINANCIAL CONSIDERATIONS: Nil. RESOLVED that Council note the minutes of the Advancing Aberdeen Committee meeting held on 8 December 2008.

Moved: Cr L Driscoll Seconded: Cr D Peebles CARRIED


ATTACHMENT 1

Minutes of the meeting of the Advancing Aberdeen Committee held on Monday, 8 December 2008 at the Aberdeen Library, commencing at 7.00 pm

1. Present: Cr Lorna Driscoll (Chair) Allison MacKenzie (representing charitable organizations) Margaret Alexander, Dianna Daniels, John Driscoll, Kelly Hall (representing the Aberdeen community) Phillip Tickle (representing Aberdeen youth) Les Hall, Fiona Tickle (alternates)

2. In Attendance: Steve Pryor 3. Apologies: Nil 4. Declaration of Interests: Nil 5. Confirmation of Minutes

MOTION: That the minutes of 10 November 2008 be accepted as an accurate record of the business conducted thereat subject to changing item 8.6 Aberdeen Valley Fair to note the concern in regard to the hump in the driveway. Moved: Kelly Hall Seconded: John Driscoll CARRIED

6. Business Arising From the Minutes 6.1. A F Taylor Park

• Report back to next meeting on work to be carried out on upgrading the park. • Clarification on article in the Chronicle on Dartbrook contribution and Campbell Street drainage,

need to note the fact that the projects are completely independent. Cr Driscoll to forward a copy of the article to Council.

6.2. Planning Night for Aberdeen Community

• Is being organised and application to be lodged.

6.3. Historical Pathway and Brochure • Dates to be obtained in regard to laying pavers, some applications still coming in.

6.4. Vacancies on the Committee

• Vacancies to be advertised in the new year. 6.5. Aberdeen Valley Fair

• Concerns raised again in regard to the hump in the driveway.

7. General Business

7.1. Graeme Street Bridge

• Concerns raised over width of roadway and possible problems with reduction of width with footpath

widening.


7.2. Valley View Park

• Need to look at possibility of moving chair from McAdam Street to park. • Concerns over increased drinking in the park.

7.3. Harrison Oval • Little athletics require 20 trees to plant outside of fence. • Question raised regarding location of new fence and whether gates could be installed at end of sprint

area, there is not enough room after finish line. 7.4. Christmas Decorations

• Requested that decorations be installed in tree near rose garden, close to the rear of library.

8. Next Meeting 7.00 pm on Monday, 9 February 2009 There being no further business, the Chairperson closed the meeting at 7.35 pm.


Section: COMMITEE / DELEGATES REP500/08

C.12.3 MERRIWA AGED HOSTEL COMMITTEE Council: 22 December 2007 RECOMMENDATION: That Council:-

1. note the minutes of the Merriwa Aged Hostel Committee Ordinary Meeting and the Annual General Meeting held on 8 December 2008;

2. endorse the 2009 Merriwa Aged Hostel Committee as listed Cr Deirdre Peebles – appointed by Council

Mrs Olive Hancock – returning Mrs Margaret Witney - returning Mrs Kathleen Jean Scott - returning Mrs Maree Goodear – returning Mrs Marg Ward - returning Mr John Shipway - returning Mr Barry Ghersi – returning Mrs Elizabeth Walker – returning Sr Mary Jackson- returning

BACKGROUND: The minutes of the meetings are included as attachment 1 and 2. ISSUES: Nil SUSTAINABILITY: Not applicable OPTIONS: To adopt or amend the recommendation. FINANCIAL CONSIDERATIONS: As per budget allocation RESOLVED that Council:-

1. note the minutes of the Merriwa Aged Hostel Committee Ordinary Meeting and the Annual General Meeting held on 8 December 2008;

2. endorse the 2009 Merriwa Aged Hostel Committee as listed Cr Deirdre Peebles – appointed by Council

Mrs Olive Hancock – returning Mrs Margaret Witney - returning Mrs Kathleen Jean Scott - returning Mrs Maree Goodear – returning Mrs Marg Ward - returning Mr John Shipway - returning Mr Barry Ghersi – returning Mrs Elizabeth Walker – returning Sr Mary Jackson- returning

Moved: Cr D Peebles Seconded: Cr L Driscoll CARRIED


ATTACHMENT 1

MINUTES OF THE MERRIWA AGED HOSTEL COMMITTEE ANNUAL GENERAL MEETING HELD IN MERRIWA CHAMBERS, ON MONDAY 8 DECEMBER 2008 COMMENCING AT 3.30PM.

1.0 PRESENT: Mr John Shipway, Cr Deirdre Peebles (chair), Mrs Marj Ward, Mrs Maree Goodear, Mrs Margaret Witney, Mr Bruce Cope, Mrs Libby Walker, Mr Barry Ghersi and Mrs Olive Hancock

2.0 IN ATTENDANCE: Mr Steve Pryor, Miss Sue Duggan, Mrs Kate Sommerlad.

3.0 APOLOGIES: Sr Mary Jackson and Mrs Jean Scott

Motion: That the apologies be accepted and the necessary leave of absence be granted.

J Shipway /M Witney CARRIED

4.0 CONFIRMATION OF MINUTES Motion: That the minutes of the meeting of the Merriwa Aged Hostel Committee held on 10

December 2007, a copy having been distributed to all members be taken as read and adopted.

M Goodear/M Ward CARRIED

5.0 CHAIRPERSONS REPORT

• Cr Peebles gave her congratulations and thanks to Sue Duggan, hostel staff, the Committee members and the management team for past 12 months.

• The hostel has a wonderful positive feeling, with active residents who are happy with the activities that are being held regularly.

• Would also like to acknowledge the wonderful work of Barbara Strachan over the years. MOTION: that the report be accepted

Cr Peebles/ M Ward CARRIED

6.0 SUPERVISOR’S REPORT • Refer to attachment 1 MOTION: that the report be accepted

Cr Peebles/ M Witney CARRIED 7.0 TREASURER’S REPORT

• An audit has recently been conducted which, the audit was clean. • The income for the hostel has been higher than expected; this is as a result of receiving funding to

the highest level for all residents. • Expenses have also been okay, the hostel supervisor has been working to keep expenses to a

minimum. • In summary a healthy financial position.

MOTION: that the report be accepted

Cr Peebles/ B Ghersi CARRIED 8.0 GENERAL BUSINESS

8.1 Election of committee members Mr Steve Pryor - Returning Officer Nomination of Chair Cr Deirdre Peebles

J Shipway/ L Walker CARRIED Returning Officer congratulated Cr Deirdre Peebles


Nomination of John Shipway at Deputy Chair

O Hancock /M Ward CARRIED Returning Officer congratulated Mr John Shipway.

Returning Officer accepted the following Nominations for the membership of the Merriwa Aged Hostel Committee for the 2009 term, as per the Constitution:

Cr Deirdre Peebles – appointed by Council

Mrs Olive Hancock – returning Mrs Margaret Witney - returning Mrs Maree Goodear – returning Mrs Marg Ward - returning Mr John Shipway - returning Mr Barry Ghersi – returning Mrs Elizabeth Walker – returning

Sr Mary Jackson- subject to acceptance & return of a committee nomination form Mrs Kathleen Jean Scott - subject to acceptance & return of a committee nomination form

MOTION: That the tabled nominations be accepted as the new Merriwa Aged Hostel Committee for the 2009 term.

Cr Peebles/J Shipway CARRIED

9.0 DATE OF NEXT ANNUAL GENERAL MEETING 7 December 2009 at 3.30pm THERE BEING NO FURTHER BUSINESS, the meeting concluded at 3.50pm.


ATTACHMENT 2

MINUTES OF THE MERRIWA AGED HOSTEL COMMITTEE MEETING HELD AT MERRIWA CHAMBERS, ON MONDAY 8 DECEMBER 2008 COMMENCING AT 3.51PM.

10.0 PRESENT: Mr John Shipway, Cr Deirdre Peebles (chair), Mrs Marj Ward, Mrs Maree Goodear, Mrs Margaret Witney, Mr Bruce Cope, Mrs Libby Walker Mr Barry Ghersi and Mrs Olive Hancock

11.0 IN ATTENDANCE: Mr Steve Pryor, Ms Sue Duggan and Mrs Kate Sommerlad 12.0 APOLOGIES: Sr Mary Jackson, Mrs Jean Scott

MOTION: That the apologies be accepted and the necessary leave of absence be granted.

L Walker / J Shipway CARRIED 13.0 DECLARATION OF INTEREST NIL 14.0 CONFIRMATION OF MINUTES

MOTION: That the minutes of the meeting of the Merriwa Aged Hostel Committee held on 13 October 2008 a copy having been distributed to all members be taken as read and adopted.

O Hancock / M Ward CARRIED 15.0 BUSINESS ARISING FROM MINUTES 16.0 CORRESPONDENCE

Incoming – PB Eveleigh Drafting Services. 17.0 HOSTEL SUPERVISOR’S REPORT

Half of the residents assessments now completed under ACFI system Currently no vacancies Would like to thank all staff, committee members and volunteers for all their time, support and

assistance over the past year. MOTION: That the Supervisor’s report be accepted.

M Ward / B Ghersi CARRIED 18.0 TREASURER’S REPORT

Financial figures YTD are looking positive with revenue higher than expected and expenses less than expected.

Will be seeking grant opportunities for funding the activities room, the building of the activities room is in the budget.

MOTION: That the Treasurer’s report be accepted.

J Shipway / M Goodear CARRIED 19.0 GENERAL BUSINESS 19.1 Christmas Raffle

• A large Christmas hamper has been donated from various family, staff and committee members. The tickets are to be returned to the Hostel or Council by Friday 12 December 2008. The raffle will be drawn at the RSL on Friday night.


19.2 Market Day

The final amount for the day was $3073 raised, making the day a very successful event, the planning is underway for 2009.

The Fundraising Committee is to be congratulated on the funds raised over the past year.

20.0 DATE OF NEXT MEETING

Monday, 2 February at 3.30pm

THERE BEING NO FURTHER BUSINESS, the meeting concluded at 4.20pm


Section: COMMITTEES/ DELEGATES REP505/08

C.12.4 MERRIWA DISTRICT AUSTRALIA DAY COMMITTEE Council: 22 December 2008 RECOMMENDATION: That Council note the minutes of the meetings. BACKGROUND: The Australia Day Committee for the Merriwa district held a meeting on Monday 17 November 2008. The minutes are included as attachment 1. ISSUES: As outlined in the minutes. SUSTAINABILITY: Not applicable. OPTIONS: To adopt the recommendation or not. FINANCIAL CONSIDERATIONS: As per budget allocations. RESOLVED that Council note the minutes of the meetings.

Moved: Cr D Peebles Seconded: Cr E Bates CARRIED


ATTACHMENT 1

MINUTES OF THE MERRIWA DISTRICT AUSTRALIA DAY COMMITTEE MEETING HELD AT THE COUNCIL CHAMBERS, MERRIWA ON MONDAY, 17 NOVEMBER 2008 COMMENCING AT 6.05PM

1.0 PRESENT: Mr Arthur Williams, Ms Jan Cronin, Mrs Dale Wesley, Mrs Shirley Hunt, Ms

Kerry Hapgood (arrived 6.05pm), Mrs Margaret Wright (arrived 6.17pm), Mrs Ella Mulholland, Mr Bryan Baker

2.0 IN ATTENDANCE: Mrs Kate Sommerlad and Liam Harding 3.0 APOLOGIES: Cr Deirdre Peebles, Mrs Edna Binks 4.0 ABSENT: 5.0 DECLARATION OF INTEREST: Nil 6.0 MINUTES OF THE PREVIOUS MEETING:

MOTION: That minutes of the meeting held 13 October 2008, a copy having been distributed to all members be taken as read and adopted.

J Cronin / Shirley Hunt CARRIED 7.0 BUSINESS ARISING FROM MINUTES:

Action List Anthem on the day. Also discuss other options for music before and after the official ceremony.

8.0 CORRESPONDENCE

8.1 Incoming - Australia Day Council of NSW : Ambassador Program registration - Australia Day Council of NSW: Information regarding the new online system for Australia Day

8.2 Outgoing - Merriwa Sports Club: Invitation to join the Australia Day Committee for the 2009 Australia Day

9.0 GENERAL BUSINESS

9.1 Ambassador Registration:

Ambassador registration, form completed with the following requests: Barbara Holborow, Bill Gleeson and Father Chris Riley Rankings of categories: 1 = Motivational Speaker, 2= ABC Radio Presenter 9.2 Nominations Forms

- Nomination forms will be available from Merriwa Post Office, Cassilis Post Office, Merriwa Pharmacy and Upper Hunter Shire Council Merriwa Office and the rural distributors.

- Send Letters requesting all community groups to nominate a community member for the 2009 Australia Day awards.

9.3 Action List Preparation

To begin over the next month.


9.4 Pool Event

The Australia Day Committee is happy to support the youth focused pool event for another year, including charging a gold coin donation for entry to build funds for a 2010 Australia Day event. The Australia Day Committee may have a small amount of funds available to add to the event, discussion to continue with the youth and Committee over the next few weeks.

9.5 New Committee Members. Recruitment of new committee members is to begin through advertising and invitations to be sent to 2008 award recipients. 9.6 Any New ideas Theme: The Year of the Blood Donor. Competitions: Photography competition was discussed for people in the Merriwa District, an Australia theme, with 3 age categories such as children, teenagers and adults. A small amount of prize money to be offered, photos to be on display at Merriwa Sports Club on Australia Day, and possibly the week following. Judging to occur the morning of Australia Day, the Ambassador and one local representative to be the judges. Also a change for the children’s art project, moving away from calico swatches to a coloring competition for the pre- school and primary aged children.

10.0 NEXT MEETING

The next meeting will be held on Monday 17 November 2008 starting at 6pm in the Upper Hunter Council Chambers, Vennacher Street, Merriwa.

THERE BEING NO FURTHER BUSINESS, the Chairperson closed the meeting at 8.10pm.


Section: GENERAL ADMINISTRATIONT

C.12.5 AUSTRALIA DAY COMMITTEES Council: 22 December 2008 RECOMMENDATION: Consider the confidential report in Closed Council in accordance with Section 10 of the Local Government Act as the matter is of a personal and confidential nature. BACKGROUND: Meetings of the Upper Hunter Shire District Australia Day Committees were held on: Aberdeen: Tuesday, 16 December 2008 Merriwa: Monday, 8 December 2008 Murrurundi: Monday, 1 December & Monday, 8 December 2008 Scone: Thursday, 11 December 2008 Copies of minutes are included in the confidential report. ISSUES: • Nominations for Awards closed on 28 November 2008. All nominations were considered by the Merriwa,

Murrurundi and Scone District Australia Day Committees. The Aberdeen nominations were considered by a working group of Aberdeen Community members including Cr Lorna Driscoll.

• Committees were able to recommend special Australia Day Certificates of Excellence to any nominee which displayed excellence in any particular category.

• All nominees and their nominators will be invited to their district Australia Day Awards ceremonies. • The Awards will be announced on Australia Day 2008 at the Aberdeen, Merriwa, and Scone Australia

Day ceremonies and at Murrurundi on Sunday, 25 January 2009. • Council determines the Upper Hunter Shire Citizen and Young Citizen of the Year. A booklet of all

nominations received has been included under separate cover. OPTIONS: 1. To adopt the recommendations made by District Committees. 2. To determine the award recipients for the Upper Hunter Shire categories of Citizen and Young Citizen. FINANCIAL CONSIDERATIONS: Funds are available in the 2008/9 budget to cover costs associated with the presentation of these awards. RESOLVED that Council Consider the confidential report in Closed Council in accordance with Section 10 of the Local Government Act as the matter is of a personal and confidential nature.

Moved: Cr L Driscoll Seconded: Cr E Bates CARRIED

RESOLVED that Council 1. Ratify the District Australia Day Awards as listed in the confidential report; 2. Delegate authority to the Acting Mayor and General Manager to seek nominations for those

categories that have received no nominations; 3. Select the Upper Hunter Shire Citizen of the Year to be that named in the confidential report. 4. Delegate authority to the Acting Mayor and General Manager to select the Upper Hunter Shire

Young Citizen of the Year from the Merriwa, Murrurundi and Scone Young Citizen award recipients and any new nominations from the Aberdeen District.

Moved: Cr M Johnsen Seconded: Cr P Hodges CARRIED

RESOLVED that Council move back into Open Council:

Moved: Cr E Bates Seconded: Cr P Hodges CARRIED Upon resuming Open Council the following recommendations were adopted:


RESOLVED that Council 1. Ratify the District Australia Day Awards as listed in the confidential report; 2. Delegate authority to the Acting Mayor and General Manager to seek nominations for those

categories that have received no nominations; 3. Select the Upper Hunter Shire Citizen of the Year to be that named in the confidential report. 4. Delegate authority to the Acting Mayor and General Manager to select the Upper Hunter Shire

Young Citizen of the Year from the Merriwa, Murrurundi and Scone Young Citizen award recipients and any new nominations from the Aberdeen District.



Section: COMMITTEE/DELEGATES REPORT REP-510/08

C.12.6 SCONE SALEYARDS COMMITTEE Council: 22 December 2009 RECOMMENDATION: That Council 1. Adopt the minutes of the Scone Saleyards Committee held on Tuesday 25 November 2008 2. Note; that saleyard users continue to communicate issues to the Saleyards Manager directly, if no

action results from these communications than written requests to be forwarded to the Manager Technical Support Services.

3. Consider items from the draft Strategic Plan for Scone Saleyards within the 2009/10 budgetary process with a priority on yard coverage.

4. Market the saleyards as the Scone & Upper Hunter Regional Saleyards BACKGROUND: The Scone Saleyards Committee met on Tuesday 25 November 2008. Council was represented by Cr E Bates (Chair), Cr C Pfister-Paradice, Cr P Hodges, Mr D Dutton (General Manager), Mr B Spannagle (Director Technical Services), Mrs C Pinkerton (Manager Technical Support) ISSUES: 1. Minutes of the Meeting 2. Management issues 3. Draft Strategic Plan 4. Saleyards operations SUSTAINABILITY: Considered within strategic review OPTIONS: To adopt, amend or reject the recommendations. FINANCIAL CONSIDERATIONS: As detailed in individual reports RESOLVED that Council 1. Adopt the minutes of the Scone Saleyards Committee held on Tuesday 25 November 2008 2. Note; that saleyard users continue to communicate issues to the Saleyards Manager directly, if

no action results from these communications than written requests to be forwarded to the Manager Technical Support Services.

3. Consider items from the draft Strategic Plan for Scone Saleyards within the 2009/10 budgetary process with a priority on yard coverage.

4. Market the saleyards as the Scone & Upper Hunter Regional Saleyards



MINUTES OF THE SCONE SALEYARDS COMMITTEE HELD ON TUESDAY 25 NOVEMBER 2008 COMMENCING AT 3.00PM IN THE COUNCIL CHAMBERS, LIVERPOOL STREET, SCONE

PRESENT: Cr E Bates (Chair), Cr C Pfister-Paradice, Cr P Hodges, Mr J Shaw, Mr K Knight, Mr P Townsend IN ATTENDANCE: Mr D Dutton (General Manager), Mr B Spannagle (Director Technical Services), Mrs C Pinkerton (Manager Technical Support) APOLOGIES RESOLVED that the apology received from Mr D Cameron, Mr H Carrigan, Mr S Kemp (RLPB) and Mr Mark Partridge be accepted. MOVED: P Townsend SECONDED: P Hodges MOTION CARRIED DECLARATION OF INTEREST Nil CONFIRMATION OF MINUTES RECOMMENDED that the minutes of the previous meeting held on 9 September 2008.as circulated be adopted. MOVED: K Knight SECONDED: P Townsend MOTION CARRIED BUSINESS ARISING FROM MINUTES

1. Capital Works at Saleyards

BACKGROUND: Capital works at the saleyards are continuing with the new drain from the truckwash completed and works program developed for the canteen waste disposal and septic system. A separate report is provided regarding Strategic Plan and Future Works Program. ISSUES: Planned works on schedule

OPTIONS: To accept, modify or reject the recommendation. FINANCIAL CONSIDERATIONS: Capital budget allocation and restricted asset funds.

RECOMMENDED that the report be noted MOVED: P Hodges SECONDED: J Shaw MOTION CARRIED 2. Stores sale procedures

BACKGROUND: Problems are continuing to occur at store sales in regard to: • The transfer of NLIS data

o using emergency tags – who issued to • Splitting of lots after scanning

o lots then require re-scanning o beast need to be re-tagged


ISSUES: • Quotations sought from Livestock Exchange for the purchase of handheld computers for use during

store sales – included in Strategic Review. Note: if this implemented a ‘per head’ fee will be payable to Livestock Exchange

• Buyer list provided to Scone Associated Agents for review (no responses received). This would proceed the introduction of a buyer card system being implemented at Scone Saleyards

• Scanner templates upgraded to be more compatible with NLIS data transfer – working well • A pre-sale catalogue be produced by Agents prior to sale and used by all staff. • Possibility of through the ring selling for store sales – only an alternative for small yardings (ie less than

1000 head) • Need to talk to agents before sale to identify proposed split lots. • List of emergency tags required for each agent so details can be provided to allow database transfer

OPTIONS: To implement processes or retain current processes FINANCIAL CONSIDERATIONS:

Current costs within budget allocation RECOMMENDED that the report be noted MOVED: P Hodges SECONDED: J Shaw MOTION CARRIED

3. Election of Committee Members

BACKGROUND: Advertisements for the 3 vacant positions on the Saleyards Committee will appear in local press during the week commencing 24 November. ISSUES: Term of Office will be until the end of 2012 OPTIONS: To accept, modify or reject the recommendation. FINANCIAL CONSIDERATIONS: Advertising costs $200

RECOMMENDED that the report be noted MOVED: P Hodges SECONDED: P Townsend MOTION CARRIED

MANAGEMENT REPORT:

BACKGROUND: Report of the Manager Technical Support and Saleyards Manager ISSUES: 5.1. Saleyard Audit

• EUCAS EU audit – certificate received • NLIS on site audit - official CAR received detailing 2 issues for rectification as reported to last

meeting 5.2. Requests for works.

• Works schedule reviewed fortnightly. • Weekly inspections undertaken by Saleyards staff and copy provided to M:TSS, with remedial action,

at fortnightly meeting • Several action requests received regarding wall on northern side of selling ring – heat and light

issues. Plastic blinds are to be investigated for this are • TV screen display has been corrected although ‘next lot’ not appearing correctly – under report in

addition the screens are to be tilted to allow better viewing access


• Shade In Delivery Yards – quotations obtained for a variety of shade systems including – shadecloth,

steel/colorbond constructions on north/south fencelines within yards (refer attached diagram – cost approximately $3,500 per yard)

• Request to Livestock Exchange (LE) to show weight of next lot on screen prior to tags being scanned 5.3. Airport/Cemetery/Saleyards Field Officer

Ivan Pillay has been appointed to the position - 2 employees now undertaking these roles 5.4. NSW Saleyard Ranking – Cattle sales – Scone is ranked 8th in the State OPTIONS: To accept, modify or reject the recommendation. FINANCIAL CONSIDERATIONS: Subject to budgetary constraints as detailed in Management Plan.

RECOMMENDED that saleyard users continue to communicate issues to the Saleyards Manager directly, if no action results from these communications than written requests to be forwarded to the Manager Technical Support Services. MOVED: E Bates SECONDED: P Hodges MOTION CARRIED RECOMMENDED that the Management Report be noted. MOVED: K Knight SECONDED: P Townsend MOTION CARRIED


SCONE REGIONAL SALEYARDS OPERATING REPORT


YTD Actual YTD

Budget Annual Budget

Fat Cattle 16,300 18,150 55,000 Appraisal Cattle 3,784 3,600 9,350 Stud Cattle 56 100 150 EU Scan 61 400 1,000 Total Income from sales 92,626 99,581 294,689 NLIS proportion of income 23,362 25,346 64,500 Gross Value All Stock $ 13,583,977 No. of sale days 22 21 63

COMPARATIVE GROSS VALUES

0

10

20

30

40

Jul-0

8

Aug-08Sep-08

Oct-08

Nov-08

Dec-08

Jan-09

Feb-09

Mar-09

Apr-09

May-09

Jun-09

$ M

2006/07 YTD Cumulative 2007/08 YTD Cumulative 2008/09 YTD Cumulative

AVERAGE PRICE

050

100150200250

¢ pe

r kg

0100200300400500600700800 $ per head

AVERAGE PRICE $/HD

RECOMMENDED that the report be noted. MOVED: P Hodges SECONDED: K Knight MOTION CARRIED


BUSINESS ITEMS

STRATEGIC REVIEW

BACKGROUND: Council at the July Meeting adopted the recommendation of the Committee to vote $20,000 from restricted assets to undertake a strategic review and future works plan for the Scone saleyards A survey of the saleyards has been completed by Council’s surveyor – detailed plans are currently being prepared. Electricity work upgrades are currently planned. A draft Strategic Plan has been developed and will be provided to members at the meeting for consideration, further review and comment.

ISSUES:

A précis of major issues included in the report are: Item Estimated cost Funded by Issues

Roof over concrete selling yards

Shed: $320,000 Construction: $120,000 Plus fittings & equipment hire

Loan funds Noise, heat

Roof over dirt yards Shed: $320,000 Construction: $120,000 Plus fittings & equipment hire

Loan funds Noise, heat

Shade shelters over 200-300 yards

Per yard: $3,500 No. of shelters: Approx. 10

Budget over 3 years

Concrete surface in drafting yards behind loading ramps – replace

Per yard: $25,000 (est) 3 yards

Budget over 3 years

Canteen upgrade $30,000 Loan funds Soft stand for cattle N/A Under investigation –

different options ie replacement of concrete, rubber matting, if bedding used – health and disposal issues

A major consideration within the report is standards specified within the Code of Practice for Livestock Seeling which Scone Saleyards has adopted.

OPTIONS: To accept, modify or reject the recommendation. FINANCIAL CONSIDERATIONS:

As detailed in report. RECOMMENDED that terms from the draft Strategic Plan for Scone Saleyards be considered for inclusion within the 2009/10 budgetary process with a priority on yard coverage.

MOVED: P Hodges SECONDED: P Townsend MOTION CARRIED RECOMMENDED that the saleyards be renamed Scone & Upper Hunter Regional Saleyards MOVED: E Bates SECONDED: P Hodges MOTION CARRIED


GENERAL BUSINESS: 1. Bruising from scanning race – buyer concerns that cattle are experiencing rib muscle tear

Suggestions include: rubber covering, panels (use of temporary panels to trial system) or ‘splitter post’ prior to race

2. NSW Saleyards Board a. Board Meeting in Scone on Friday 28th b. Tony White has been appointed as the new Executive Officer c. Current ongoing issues with mob based scanning issues for

3. The Chairman thanked the producer representatives for their 3 years of service 10. MEETING DATES FOR 2009 Tuesday @ 3.00pm • 10 February 2009 • 9 June 2009 • 8 September 2009 • 8 December 2009


Section: Committee/Delegates Reports

C.12.7 UPPER HUNTER TRAFFIC COMMITTEE Council: 22 December 2008 RECOMMENDATION: That Council: 1. Adopt the minutes of the meeting held on Thursday 11 December 2008 BACKGROUND: The Traffic Committee met on Thursday 11 December 2008. Council was represented by Cr E Bates and Mr J Bush (Manager Civil Assets) ISSUES: As detailed in minutes SUSTAINABILITY: N/A OPTIONS: To adopt, amend or reject the recommendation FINANCIAL CONSIDERATIONS: As detailed in individual reports RESOLVED that: 1. Council adopt the minutes of the meeting held on Thursday 11 December 2008. 2. Consideration of the Traffic and Transportation Assessment for the Timor Limestone Quarry be

deferred pending the completion of a detailed Safety Audit of the proposed transport routes.

Moved: Cr E Bates Seconded: Cr M Johnsen CARRIED


MINUTES OF THE UPPER HUNTER TRAFFIC COMMITTEE HELD ON THURSDAY 11 DECEMBER 2008 COMMENCING AT 10.30AM IN THE COUNCIL CHAMBERS, MAIN STREET, SCONE

PRESENT: Cr E Bates, B Ackerman (Police), I Jenkins (RTA)

IN ATTENDANCE: Cr P Hodges, J Bush (Manager Civil Assets) APOLOGIES: B Spannagle (Director Technical Services) ADOPTION OF MINUTES: RESOLVED that the minutes of the meeting held on 11 September be adopted. MOVED: Cr E Bates SECONDED: I Jenkins MOTION CARRIED YOUNG DRIVER SAFETY AND EDUCATION PROGRAMS RECOMMENDATION: That the Committee note the report. BACKGROUND: The Parliamentary Joint Standing Committee on Road Safety (Staysafe) has recently released the report on Young Driver Safety and Education Programs. The Staysafe Committee had undertaken to examine the underlying causes and issues resulting in young drivers in road accidents and to examine the availability and effectiveness of appropriate driver education programs to target this sector of the driving population. ISSUES: The Committee received a wealth of information concerning road trauma and fatalities. Submissions from Federal and State Government authorities, local government, insurance organisations and a range of academic institutions and individuals provided useful background, which had been followed up with further questions at public hearings held in connection with the inquiry. The Report summarises the information provided in submissions and obtained in public hearing evidence, based on the Inquiry’s terms of reference. Chapter 2 assesses the adequacy of crash data currently available; Chapter 3 examines the risk factors that contribute to young novice drivers’ overrepresentation in road crashes; Chapter 4 looks at the similarities and difference in trends and priorities in urban and rural areas; Chapter 5 explores the range of interventions available for young driver offenders; Chapter 6 considers the satisfactoriness of novice driver training; Chapter 7 explores the adequacy of young driver education programs; and Chapter 8 evaluates major policies targeting young driver safety and discusses interagency cooperation and collaboration. The list of recommendations from Staysafe are attached for the Committee’s information. Young driver risk is a serious issue everywhere and it is hoped that the Report will assist policy makers, road safety professionals and all who are involved in delivering services and programs to refocus their attention on this urgent problem. SUSTAINABILITY: N/A OPTIONS: N/A FINANCIAL CONSIDERATIONS: N/A RESOLVED that the Committee note the report. MOVED: I Jenkins SECONDED: B Ackerman MOTION CARRIED TIMOR LIMESTONE QUARRY


BACKGROUND: A Statement of Environmental Effects and accompanying Development Application for a proposed Limestone Quarry at Timor has been submitted to Council for consideration. A summary of the Traffic and Transportation Assessment is attached for the Committees consideration. ISSUES: The assessment details the existing traffic and transportation network, recommended operational safeguards and the potential effects of the proposed Limestone Quarry, located approximately 29km east of Blandford near Timor. The proposed transport route incorporates Timor-Crawney Road, Timor Road and Haydons Lane, all local shire roads and the New England Highway, a national highway. The applicant proposes to develop and operate the quarry over a period of 30 years to recover approximately 2.4 million tonnes of high grade limestone. Extraction of the limestone would commence at a rate of 50,000 tonnes per year increasing to a maximum of 100,000 tonnes per year as markets are further developed. The Development Application has been forwarded to the Roads and Traffic Authority for further comment. SUSTAINABILITY: N/A OPTIONS: To accept, modify or reject the recommendation. FINANCIAL CONSIDERATIONS: N/A RESOLVED that consideration of the Traffic and Transportation Assessment for the Timor Limestone Quarry be deferred pending the completion of a detailed Safety Audit of the proposed transport routes. MOVED: B Ackerman SECONDED: I Jenkins MOTION CARRIED


Section: COMMITTEES/DELEGATES REP514/08

C.12.8 HUNTER COUNCILS RISK MANAGEMENT TEAM Council: 22 December 2008 RECOMMENDATION: That Council note the minutes of the Hunter Councils Risk Management Team Meeting Minutes held on 10 October 2008. BACKGROUND: The minutes of the meeting are included as Attachment 1. ISSUES: As noted in the attached minutes. SUSTAINABILITY: Not applicable. OPTIONS: To adopt or amend the recommendation. FINANCIAL CONSIDERATIONS: As per budget allocation. RESOLVED that Council note the minutes of the Hunter Councils Risk Management Team Meeting Minutes held on 10 October 2008.

Moved: Cr E Bates Seconded: Cr L Driscoll CARRIED


MINUTES

Meeting: HUNTER COUNCILS RISK MANAGEMENT TEAM MEETING

Meeting Date: 10 October 2008

Venue: Wyong Shire Council

Commenced: 10.30am

Completed: 12.15pm

Chairperson: Grant Hillyard

Minute Taker: Cathy Cooper

Present: Craig Haskell, Dan O’Connor, Grant Hillyard, Robert Humphries, David Seccomb, Shaun Chaundler, Robert Maginnity, Deborah McDonald, Belinda Charlton, Glen Duggan, Susan Duggan, Lynne Bailey, Cathy Cooper

Attachments:

1. Audit Questions for Verification 2008

2. Presentation by John Attenborough, Executive Officer, Statewide

3. Action Plan 2008/2009

ACTION 1. Apologies

A Collison, D Kidd, F Shrimpton, G Glendron, J Williams, K Trevett M Gray, R McRoberts, R Griffiths, S Kelly

Noted

2. Minutes from Previous Meeting (26 October 2008) Confirmed

Noted

3. Appointment of new Chairperson and Secretary Frank Shrimpton from Maitland City Council was elected as Chairperson Cathy Cooper from Maitland City Council was elected as Minute Taker.

4. Business Arising from the Minutes • Volunteers project – The committee agreed to defer this matter till

the next meeting. The volunteers project should cover all volunteer groups within council not just Section 355 committees. A standard manual to cover all these is being proposed.

Robert Humphries. Next meeting.

• Public Liability audit – R Humphries circulated results of audit to member councils at the meeting. A few councils results fell slightly however as a whole the Hunter is ahead of the State average. There are no major problems however the Hunter scored lower in the areas of “Signs” and “Gathering Information”

Noted

• Public Liability audit – R Humphries circulated results of audit to member councils at the meeting. A few councils results fell slightly however as a whole the Hunter is ahead of the State average. There are no major problems however the Hunter scored lower in the areas of “Signs” and “Gathering Information”

Noted

• John Attenborough stated that there is $2.7M to distribute to the councils shortly. At the last meeting of the Statewide Risk Management Board the financial reports were presented and adopted with a surplus of $6.8M.

Noted


ACTION This result is healthier than prior years. The bonus component is made up of:

• 30% public liability audit • 20% implementation • 40% claims • 10% attendance at meetings

Report from the OH&S Committee – D Kidd Deferred til the next meeting

Next meeting

Presentation by John Attenborough- Signs as Remote Supervision John Attenborough presented on Signs – Signs achieved one of the worst areas in the Public Liability Audit. Belinda Charlton, Acting General Manager Singleton Council asked if it depended whether the claimant understood the signs i.e. youth, ethnic background. John stated that under Section 5M(3) of the Civil Liability Act 2002 it doesn’t depend on whether there is understanding just as long as the sign is present and this may be considered as a potential logical defence in court. Another probable defence for Councils is Section 42 of the Civil Liability Act 2002 which relates to the limited resources available to Councils. There is no need to warn of obvious risk. Warning signs are better than prohibition signs as there would need to be records of prohibiting by council officers.

See attached file

General business • Robert Humphries handed out the Audit Questions for Verification 2008

which cover signage, playground equipment and roads (see attached handout). The Implementation Audit will be conducted on Swimming Pools, this will be a site visit. Robert will advise dates and which persons and /sites that will become elements of the audit.

• Service agreements between each council and Statewide will be prepared

shortly. These agreements will need to be signed off by the General Manager of each council.

Councils to contact Robert of a date that is suitable

Robert Humphries suggested that as a value added element of the meetings a field trip be included at each meeting.

Shaun Chandler to organise a site to be inspected

Robert Humphries suggested that a combined meeting between the OH&S committee and the Risk Management Team Committee would be beneficial.

Frank Shrimpton and Robert Humphries to discuss.

David Seccomb wanted to know what other councils do to prevent the burning out of garbage bins. Either caging or locking mechanisms may alleviate some of the instances.

Robert Humphries to investigate

• Grant Hillyard notified the group that Melissa Tooke, previously employed at Berrigan Shire Council, has been appointed to the Statewide Mutual Risk Management Committee.

Noted

• Dan O’Connor, was introduced to the group as the newly appointed Regional Risk Manager

Noted

Next meeting: 19 December 2008 Dungog Shire Council



Hunter Councils Risk Management Team

2008/2009 Action Plan

Objective

Action

Status as @ October 2008

Organising Council/Person

or Presenters Volunteers - Personal Accident Insurance

1. Develop a standard Volunteer program/Manual for use by all Councils.

R Humphries to source our other policies and publications that may assist in developing a Statewide Draft manual. This is to be distributed to the group.

Newcastle Singleton Gloucester Echelon/Jardines

Whole of Business Risk

1. Run training session for HCRMT so we fully understand what is required. 2. Develop training program to introduce All Business risk management to Senior Management. 3. Recommend that draft framework be used in setting objectives and strategies in each council’s Management Plan.

Riskemap speed reasonable and therefore data manipulation quicker.

Lake Macquarie Newcastle Port Stephens

Develop a Project worthy of gaining grant funding from Statewide.

Investigate a grant option Develop a Best Practice approach to managing Council Contractors

Contractors/Contractor awareness from conception to delivery. R Humphries to arrange 4 reps (R Humphries, S Kelly, G Hillyard and D Kidd) to meet with Northern Rivers Group.

Gosford Newcastle Echelon/Jardines


Section: COMMITTEES/DELEGATES REP516/08 C.12.9 DEVELOPMENT AND ENVIRONMENTAL SERVICES COMMITTEE Council: 22 December 2008 RECOMMENDATION: That Council: 1. Note the minutes of the Development and Environmental Services Committee meeting held on 9

December 2008; 2. ln relation to:- Item 12.1 – DA 267/08 Storage Shed – 75 Satur Road Scone

1. That Development Application No 267/08 be approved subject to: 2. Appropriate conditions of consent relevant to the construction of the building. 3. The following additional conditions of consent:

a) Appropriate landscaping to be undertaken to provide additional screening of the shed from Satur Road and adjoining properties

b) The owners being advised that the relocation of the existing shed on the subject land would not be supported and should therefore be removed in conjunction with the erection of the new shed.

Item 12.2 – Upper Hunter Landscape Guardians Inc. – Wind Farm Development That Council note the information provided by representatives of the Upper Hunter Landscape Guardians. BACKGROUND: The Development and Environmental Services Committee met on the 9 December 2008. Council was represented by Councillors: P Hodges (Chair), D Peebles, L Watts and C Pfister-Paradice; Staff: D Casson, Director of Environmental Services and P. Smith, Senior Environmental Officer. D Dutton, General Manager and Cr M Johnson attended for Item 12.2. ISSUES: Refer to Minutes. A copy of the documents tabled by the Upper Hunter Landscape Guardians are provided under separate cover. SUSTAINABILITY: Appropriate development assessment of applications is required under the Environmental Planning and Assessment Act 1979, and includes consideration of sustainability in a variety of forms. OPTIONS: To agree with the recommendations of the Committee or propose an alternative recommendation. FINANCIAL CONSIDERATIONS: Nil RESOLVED that Council: 1. Note the minutes of the Development and Environmental Services Committee meeting held on 9

December 2008; 2. ln relation to:- Item 12.1 – DA 267/08 Storage Shed – 75 Satur Road Scone 1. That Development Application No 267/08 be approved subject to: 2. Appropriate conditions of consent relevant to the construction of the building. 3. The following additional conditions of consent:



Item 12.2 – Upper Hunter Landscape Guardians Inc. – Wind Farm Development That Council note the information provided by representatives of the Upper Hunter Landscape Guardians.

Moved: Cr P Hodges Seconded: Cr D Peebles CARRIED UNANIMOUSLY


Minutes of the Development and Environmental Services Committee 9 December 2008 – Upper Hunter Shire Council Chambers – Scone

Present: P Hodges (Chair), D Peebles, L Watts and C Pfister-Paradice In Attendance: D Casson, Director of Environmental Services and P. Smith, Senior Environmental Officer. D Dutton, General Manager and Cr M Johnson attended for Item 10.2. Apologies: Cr Bill Howey (not a member of the Committee) Absent: Nil Declaration of Interest: Nil Agenda Items Item 12.1 – DA 267/08 Storage Shed – 75 Satur Road Scone Issues The development application was considered by the Committee, which also carried a site inspection. The Committee that the proposed shed is appropriate for the location for the following reasons:

• The property is a 2,403 sq metre lot and as such the shed would cover 8.32% of the lot (the Council Policy places a 10% of property area limit).

• The shed will be located to the rear of the property and as such would not dominate the streetscape. • The proposed shed does not directly impact on adjacent dwellings • It was noted that there had been no objections from adjoining owners.

Recommendation: That Development Application No 267/08 be approved subject to:

1. Appropriate conditions of consent relevant to the construction of the building. 2. The following additional conditions of consent:



Moved: Cr Hodges Seconded: Cr Watts CARRIED (Unanimous) Item 10.2 – Upper Hunter Landscape Guardians Inc. – Wind Farm Development Issues

• The Upper Hunter Landscape Guardians gave a presentation to the Committee, raising their concerns about the proposed wind farm development (a written submission was tabled and is attached under separate cover.

• In addition to outlining outlining the potential adverse impacts the wind farm development, concerns were raised about the apparent lack of consultation by the proponents.

• The representatives were advised that Council is not able to take a position on the wind farm issue until such time that a development application has been lodged with the Department of Planning and placed on exhibition. At that time Council will determine if any additional resources are required to review the documentation prior to formalising any submission to the Department of Planning.

Recommendation: That Council note the information provided by representatives of the Upper Hunter Landscape Guardians. Moved: Cr Watts Seconded: Cr Peebles CARRIED For: Cr Hodges Against: Cr Pfister-Paradice


Section: COMMITTEE/DELEGATES Rep: 519/08

C.12.10 DARTBROOK COMMUNITY CONSULTATIVE COMMITTEE Council: 22 December 2008 RECOMMENDATION: That Council note the minutes of the Dartbrook Community Consultative Committee meeting held on 25 November 2008. BACKGROUND: A meeting of the Dartbrook Community Consultative Committee was held on 25 November 2008 Council was represented by Crs L Driscoll and C Pfister - Paradice. ISSUES: Refer to attached minutes. The document referred to in the minutes outlining the history of Dartbrook is included under separate cover. SUSTAINABILITY: The purpose of the Dartbrook Community Consultative Committee 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 mine is not currently undertaking any mining operation and is in a care and maintenance mode. OPTIONS: To note the minutes of the Committee meeting. FINANCIAL CONSIDERATIONS: Nil. RESOLVED that Council note the minutes of the Dartbrook Community Consultative Committee meeting held on 25 November 2008.

Moved: Cr L Driscoll Seconded: Cr M Johnsen CARRIED







Section: COMMITTEE/DELEGATES REPORT REP498/08

C.12.11 COMMUNITY WATCH COMMITTEE Council: 22 December 2008 RECOMMENDATION: That Council: 1. Adopt the Minutes of the Scone Community Watch Committee held on 16 December 2008 2. Conduct an audit of Kelly Street in conjunction with the March Committee Meeting.

BACKGROUND: The Community Watch Committee met on Tuesday 16 December 2008. Council was represented by Cr Errol Bates (Chair) and Mr Bede Spannagle (Director Technical Services. ISSUES: 1. Minutes of Meeting 2. Kelly Street audit – time to undertake another safety audit SUSTAINABILITY: Not applicable OPTIONS: To adopt, amend, reject the recommendation FINANCIAL CONSIDERATIONS: Nil RESOLVED that Council: 1. Adopt the Minutes of the Scone Community Watch Committee held on 16 December 2008 2. Conduct an audit of Kelly Street in conjunction with the March Committee Meeting.

Moved: Cr E Bates Seconded: Cr D Peebles CARRIED


MINUTES OF THE SCONE COMMUNITY WATCH MEETING HELD ON TUESDAY, 16 DECEMBER 2008 COMMENCING AT 7.00PM IN UPPER HUNTER COUNCIL CHAMBERS, MAIN STREET, SCONE

PRESENT: Cr Errol Bates (Chair), Mr Bede Spannagle (Director Technical Services), Mrs Mavis Elliot, Mrs Ruth Eipper, Mr Mike Birmingham, Mr Ron Muddle, Sen. Const. Scott Mathews (Police), Sen. Const Saxton, Mr Kevin Phelps, Mr Doug Cooper, Mr Ron Field APOLOGIES: RECOMMENDED that the apologies received from Sgt Guy Guiana (Police) and Mr George Ray be accepted. MOVED: K Phelps SECONDED: M Birmingham MOTION CARRIED CONFIRMATION OF MINUTES: RECOMMENDED that the minutes of the meeting held on 9 September 2008 be accepted. MOVED: K Phelps SECONDED: M Birmingham MOTION CARRIED BUSIESS ARISING FROM MINUTES: 1. Railway Crossings

The Director Technical Services updated the Committee on Kelly Street overpass and Liverpool Street railway crossing. The overpass has been included for scoping funding and the Liverpool Street level crossing upgrade is in current works program

2. Kelly St audit Discussion regarding the current audit which was conducted 3 years ago. Issues of concern included the Civic Theatre and pedestrian access to the temporary Post Office. The Director Technical Services explained the temporary footpath facilities.

RECOMMENDED that an audit be conducted of Kelly Street in conjunction with the March Meeting. MOVED: D Cooper SECONDED: M Birmingham MOTION CARRIED 3. Historical Society fence/Golf Club boundary

The Director Technical Services updated the Committee on the new fence to be built between Club Scone carpark and the Historical Society property.

NOTED POLICE PRESENTATION: Snr Constable Scott Matthews provided the Committee with an update of police activities in recent weeks. • Generally quiet for severe crime. Some drug issues dealt with • Some malicious damage incidents particularly on Friday/Saturday nights – alcohol related • Minor incidents of anti social behaviour increasing • Expect new Sergeant to start in January – coming from Dungog NOTED


GENERAL BUSINESS: 1. Update from DTS that Council has experienced malicious vandalism on the Christmas Lights on a number

of occasions costing the community over $2,000 2. Linemarking and guide posts at Middlebrook – works request to be completed 3. 44 Park Street, Scone – peppertree full of white ants – works request to be completed 4. Kelly St – unbroken line into Guernsey Street – DTS provided response 5. Drain behind residence at Corner of Liverpool and Aberdeen Street – needs mowing - works request to be

completed 6. Recognition of Mr Mike Birmingham’s bravery award for saving a person’s life 7. Reminder that fraud/scam letters from overseas asking for money to free up large sums of money –

community reminder especially for elderly residents Meeting closed at 7.45pm Next Meeting: 10 March 2009


Section: COMMITTEE/DELEGATE REPORTS

C.12.12 UPPER HUNTER COUNTY COUNCIL Council: 22 December 2008 RECOMMENDATION: That the minutes of the Upper Hunter County Council meeting held on 24 November 2008 be noted. BACKGROUND: A meeting of the Upper Hunter County Council was held on 24 November 2008 at the Council Chambers, Muswellbrook. Council was represented by Cr E Bates and Cr P Hodges. The minutes of the meeting are included as Attachment 1. ISSUES: As per attached minutes. SUSTAINABILITY: Not applicable OPTIONS: Nil FINANCIAL CONSIDERATIONS: Nil RESOLVED that the minutes of the Upper Hunter County Council meeting held on 24 November 2008 be noted.

Moved: Cr P Hodges Seconded: Cr E Bates CARRIED






Section: COMMITTEE/DELEGATES REP

C.12.13 WORKS AND TECHNICAL SERVICES COMMITTEE

Council: 22 December 2008 RECOMMENDATION: That Council: 1. Adopt the minutes of the meeting held on 9 December 2008 2. Capital Works Program

Note the capital Works Program update 3. Kelly Street Upgrade Proposal

Confirm its support for traffic signals for improved pedestrian safety as part of an overall strategy for Kelly Street.

4. 2008/09 Regional and Local Community Infrastructure Program Adopt the listed projects for inclusion in 2008/09 Management Plan as priorities for funding under the Regional and Local Community Infrastructure Program.

- Scone Airport Runway Rehabilitation - $125,000 - Scone Park - new amenities - $120,000 - Aberdeen – Graeme Street bridge pedestrian access improvements - $50,000 - Murrurundi – Pages River footbridge – disabled access - $35,000 - Murrurundi – RSL Hall new kitchen - $15,000 - Merriwa – School of Arts stage, curtains and changerooms – $50,000 - Wingen – Playground Equipment - $10,000 - Cassilis – Community Centre – new toilets - $11,000 Subject to Graeme Street bridge pedestrian access meeting design standards.

5. Plant Purchase Tenders Move into Closed Council pursuant to section 10A(1)-(3) of the Local Government Act 1993, the media and public be excluded form the meeting on the basis that the business to be considered is classified confidential under the provisions of section 10A(2) (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

BACKGROUND: The Works and Technical Services Committee meeting was held on Tuesday 9 December 2008. ISSUES: 1. Minutes of the meeting held on 9 December 2008 – Attachment 1 2. Update on Capital Works Projects 3. Kelly Street Upgrade Proposal. Please note the amended recommendation regarding the upgrade proposal

with reference to details provided in Attachment 2. 4. 2008/09 Regional and Local Community Infrastructure Program. The recommended program has changed

with the airport runway rehabilitation being reinstated to the program following amended advice from the Department of Infrastructure, Transport, Regional Development and Local Government that airport refurbishments can be included in the RLCI Program.

5. Plant Purchase Tenders 6. Waste Disposal to Landfills Levy

SUSTAINABILITY: As detailed in minutes. OPTIONS: To adopt, amend or reject the recommendations FINANCIAL CONSIDERATIONS: As detailed in minutes Declaration of Interest Cr Michael Johnsen declared an interest in item 4 2008/09 Regional and Local Community Infrastructure Program as he was President of the Scone Rugby League Football Club at the time request for funding was made. He vacated the Chamber and took no part in discussions.


RESOLVED that Council: 1. Adopt the minutes of the meeting held on 9 December 2008 2. Capital Works Program

Note the capital Works Program update 4. 2008/09 Regional and Local Community Infrastructure Program

Adopt the listed projects for inclusion in 2008/09 Management Plan as priorities for funding under the Regional and Local Community Infrastructure Program.

- Scone Airport Runway Rehabilitation - $125,000 - Scone Park - new amenities - $120,000 - Aberdeen – Graeme Street bridge pedestrian access improvements - $50,000 - Murrurundi – Pages River footbridge – disabled access - $35,000 - Murrurundi – RSL Hall new kitchen - $15,000 - Merriwa – School of Arts stage, curtains and changerooms – $50,000 - Wingen – Playground Equipment - $10,000 - Cassilis – Community Centre – new toilets - $11,000 Subject to Graeme Street bridge pedestrian access meeting design standards.

5. Plant Purchase Tenders Move into Closed Council pursuant to section 10A(1)-(3) of the Local Government Act 1993, the media and public be excluded form the meeting on the basis that the business to be considered is classified confidential under the provisions of section 10A(2) (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

Moved: Cr P Hodges Seconded: Cr E Bates CARRIED

3. Kelly Street Upgrade Proposal That Council reject the Roads & Traffic Authority (RTA) plan to install traffic lights at the intersection of New England Highway (Kelly Street) and Liverpool Street, Scone and further asks the RTA to consider and present to Council for its further consideration an alternative plan(s) that encompass pedestrian and motor vehicle safety initiatives within the town limits.

Moved: Cr M Johnsen Seconded: Cr B Howey LOST Crs Michael Johnsen and Bill Howey requested that their votes for the motion be recorded.

3. Kelly Street Upgrade Proposal RESOLVED that Council confirm its support for traffic signals for improved pedestrian safety as part of an overall strategy for Kelly Street.

Moved: Cr E Bates Seconded: Cr P Hodges CARRIED Crs Michael Johnsen and Bill Howey requested that their votes against the motion be recorded.


ATTACHMENT 1

WORKS AND TECHNICAL SERVICES COMMITTEE HELD ON TUESDAY, 9 DECEMBER 2008 COMMENCING AT 2.00PM IN THE COUNCIL CHAMBERS, LIVERPOOL STREET, SCONE

PRESENT: Cr E Bates (Chair), Cr L Driscoll, Cr C Pfister-Paradice, Cr B Howey IN ATTENDANCE: Cr L Watts (Acting Mayor), Cr D Peebles, Cr M Johnsen, Mr D Dutton (General Manager), Mr B Spannagle (Director Technical Services), Mr J Bush (Manager Civil Assets), Mr S Holaafolau (Manager Water Waste), Mrs C Pinkerton (Manager Technical Support), Mr L Tudor (Works Engineer), Mr D Boag (Plant Supervisor) APOLOGIES: Nil DECLARATION OF INTEREST: Cr Johnsen – Item 3.3 Scone Park Amenities Cr Howey – Item 3.2 – resident adjoining Kelly and Shaw Street PUBLIC PARTICIPATION: Address by Lynda Posa, Scone Swimming Club Disucssion regarding Scone Swimming Pool (David Casson) RECOMMENDED that the order of business be suspended to allow for discussion of the Scone Swimming Pool item at the commencement of the meeting. MOVED: Cr L Watts SECONDED: Cr C Pfister-Paradice MOTION CARRIED RECOMMENDED that future communication regarding operational and maintenance issues at the Scone Swimming Pool follow the normal protocols outlined in Council’s Code of Conduct. MOVED: Cr E Bates SECONDED: Cr L Watts MOTION CARRIED 3.1 UPDATE ON CAPITAL WORKS PROGRAM BACKGROUND: Following the adoption of the 2008/09 Management Plan, a schedule of capital works to be undertaken has been prepared. This document also includes works carried over from 2007/08. ISSUES: Nil OPTIONS: N/A FINANCIAL CONSIDERATIONS: All works have been budgeted for in accordance with the Management Plan 2008/09 RECOMMENDED that the report be noted. MOVED: Cr L Driscoll SECONDED: Cr B Howey MOTION CARRIED


3.2 KELLY STREET UPGRADE PROPOSAL BACKGROUND: On 23 May 2006 the NSW Roads Minister announced a $17 million initiative to upgrade 59 multi-lane marked pedestrian crossings, one of which is Kelly Street Scone. In general the marked pedestrian crossings are being removed and replaced with traffic signals. Following a presentation from the Roads and Traffic Authority, Council resolved to refer the provision of traffic signals at the intersection of Liverpool Street and the New England Highway back to the December Works and Technical Services Committee for further consideration. Community consultation for the RTA proposal was undertaken in October 2008. A plan of the proposal was distributed via letter box drop to approx. 2,000 Scone residents requesting feedback by the closing date of 24th October. Council has previously been through a public consultation process and similar issues raised by the community were considered by Council in October 2005. ISSUES: Attached in a Confidential Briefing Note is a summary of the public responses received. Overall, respondents were concerned about pedestrian safety issues however the majority were against the installation of traffic lights. The majority of objectors identified a preference for the retention of the existing roundabout as well as installing additional roundabouts at the intersections of St Aubins, Susan and Kingdon Streets. The fact that cannot be ignored is that roundabouts and marked crossings on multi-lane roads do not provide a safe method of road crossing for pedestrians. Other options that have been investigated and deemed not suitable by the RTA include the narrowing of the highway to single lane in both the north bound and southbound directions and/or the installation of signalised mid block crossings. The advantages of a signalised intersection with pedestrian facilities at this location include improved pedestrian safety, improved safety for students, improved safety for mobility and vision impaired pedestrians, suits the route that pedestrians desire and will have a minor impact on parking. The disadvantages may be seen as potential noise and pollution issues and traffic queuing. In 2005 Council resolved to:

• Notify the RTA of the results of the community response to the Kelly Street proposal • Confirm its support for traffic lights at the intersection of Kelly and Liverpool Streets to improve

pedestrian safety and traffic flow • Confirm its support for a roundabout at the Kelly and Susan Street intersection subject to engineering

detail • Confirm its support for an appropriate treatment at the Kingdon and Kelly Street intersection • Prepare amended streetscape and landscaping concept plans in light of the public submissions.

The broader issues of Kelly Street as a whole and the railway level crossings on both Liverpool Street and the New England Highway are being considered separately by the RTA, particularly given the current change in train lengths and the increased volume of coal haulage. The installation of traffic signals at this intersection is seen as satisfying the original commitment to improve pedestrian safety. Council needs to reinforce the importance of a broader Kelly Street improvement strategy whilst recognising the scope of this current project. OPTIONS: N/A FINANCIAL CONSIDERATIONS: The provision of traffic signals is fully funded by the RTA. $23,000 has been allocated for footpath upgrade works in conjunction with the RTA project. RECOMMENDED that Council confirm its support for traffic lights for pedestrian safety as part of an overall strategy for pedestrian safety in Kelly Street.

MOVED: Cr E Bates SECONDED: Cr L Watts MOTION LOST (2:3) RECOMMENDED that the submission from Cr B Howey be tabled to the meeting and the contents be noted.

MOVED: Cr C Pfister-Paradice SECONDED: Cr L Driscoll MOTION CARRIED RECOMMENDED that Council rejects the Roads & Traffic Authority (RTA) plan to install traffic lights at the intersection of New England Highway (Kelly Street) and Liverpool Street, Scone and further asks the RTA to consider and present to Council for its further consideration an alternative plan(s) that encompass pedestrian and motor vehicle safety initiatives within the town limits.

MOVED: Cr B Howey SECONDED: Cr C Pfister-Paradice MOTION CARRIED (3:2)


Prepared Statement

Upper Hunter Shire Council Works and Technical Services Committee Meeting

Tuesday 9 December 2008 Agenda Item 3: Business Items: 3.2 Kelly Street Upgrade Proposal

History and Credentials I was a resident in Kelly Street (1968 – 1975) and business operator (1967 – 1977) both within 50 metres of the Kelly Street/Liverpool Street intersection. I also operated a business premises at 106 Liverpool Street from 1977 – 2008*. (*I am no longer the owner/occupier). Background I have been an ardent advocate for progressive and prescient change in the Kelly Street/NEH upgrade debate not including the introduction of traffic lights. As such I was a formative member of Scone Traffic Action Group (‘STAG’) and have conducted my own traffic counts and surveys. I conduct ‘spot poll checks’ every day in Kelly Street between Susan Street and Kingdon Street. Anecdotally public opinion is overwhelmingly against the introduction of traffic lights. The original proponent of the roundabout was ex-Scone Shire Council President David Macintyre. He introduced the idea following a private visit to the UK in 1973/1974. Against strident opposition the roundabout was implemented in the significant Kelly Street upgrade during the mid-1980’s and has been operative ever since. During this time traffic movements (and pedestrian usage) have increased exponentially. Present levels of traffic movements (c. 4 million per year) and pedestrian-safe access to a ‘user friendly’ civic precinct are almost incompatible? There is no doubt the committed long term objective is a (heavy) vehicle detour/by pass. In the short to medium term energies should be concentrated on possible dilution and/or dissipation of vehicular traffic through the busy business/social centre bisected by Kelly Street/NEH. Performance Measurements Since the roundabout’s inception (c. 1985/2008*) there have been a conservative 30 million* traffic movements through the intersection. There has been a remarkable record of pedestrian safety with very few incidents involving personal injury. Regrettable fatalities (2) in Kelly Street are unrelated to this junction. With appropriate education drivers (and pedestrians) are familiar with roundabout procedures. Should we not be directing energy and effort into protecting this otherwise admirable safety record? Arguably this could be readily and cost-effectively achieved by the installation of curbside barriers? Comparisons Personal and telephone contact with residents of Muswellbrook, Gunnedah and Moree reveal a similar demographic response of opinion to that in Scone although sample numbers are small and not statistically valid. Status Quo The Upper Hunter Shire Council at its meeting on 24 October 2005 passed (unanimously) the Kelly Street Redevelopment Proposal. This included: ‘Confirm its support for traffic lights at the intersection of Kelly and Liverpool Streets to improve pedestrian safety and traffic flow’. I believe the latter part of this premise to be debatable at best and contentious at worst? I firmly adhere to the opinion that the imposition of lights would further impede traffic flow and possibly encourage some dangerous practices such as ‘speeding up’ on amber signal? The installation of traffic lights with their environmentally damaging ‘slow/stop/go’ effect has the latent capacity to significantly exacerbate the already excessively congested traffic/public interaction at the extended Kelly Street/Liverpool Street railway intersection. Pedestrian Safety The major premise in this debate is the vital and vexed issue of pedestrian safety. In my opinion the purview should include the whole section of Kelly Street between Kingdon Street to the South and Susan Street to the North. Where does the majority of pedestrians choose or wish to cross? What are the ‘legal’ choices? This is further emphasized when consideration is given to elderly residents on motorized vehicles. (Reference: Stuart Saunders 08/12/08).


Recommendation The recommendation before Works and Technical Services Committee is: ‘That Council continues to consult with the Roads and Traffic Authority to achieve an acceptable overall strategy for Kelly Street’. I support this statement. However I do not think we can objectively debate the issues with the constraints imposed by the motion passed on 24 October 2005.


3.3 2008/09 REGIONAL AND LOCAL COMMUNITY INFRASTRUCTURE PROGRAM RECOMMENDATION: BACKGROUND: At the November Ordinary Meeting of Council it was resolved that projects be prioritised for inclusion in a works schedule to be funded from the Regional & Local Community Infrastructure Program. Council’s allocation under part 1 of the program is $416,000. The majority of projects for consideration are prioritised in Council’s Strategic Plan and Future works program. Projects identified that are not currently listed in Council’s Strategic Plan will be included in 2009/10 Plan currently being reviewed. The focus of the program is the renewal/upgrade of community infrastructure with particular reference to access facilities, community recreation spaces, tourism and memorial halls. Projects identified are generally to the value of $50,000 distributed throughout the shire area. ISSUES: Examples of community infrastructure that is eligible for funding under the program include community centres, libraries, stadiums, pools, walking tracks, foot bridges and bus shelters. Senior staff and budget holders workshopped all submissions and recommended the 8 projects listed. The 2nd stage of the Federal Government $300m funding is a $50 million strategic projects fund for larger scale community infrastructure (this is competitive, application based and open to those projects seeking a minimum Commonwealth contribution of $2 million). Projects under consideration will include the Indoor Equine Complex and the Regional Indoor Sports Centre. SUSTAINABILITY: Ongoing funding for the RLCIP will be determined as part of the Federal Government’s May 2009 Budget. OPTIONS: To accept, modify or reject the recommendation. FINANCIAL CONSIDERATIONS: Funding will be provided directly to Council as a one-off payment. Council will be required to enter into an agreement prior to receipt of the payment. Funding must be expended by 30 September 2009. RECOMMENDED that Council adopt the listed projects for inclusion in 2008/09 Management Plan as priorities for funding under the Regional and Local Community Infrastructure Program. • Bill Rose Complex – sports meeting room and viewing facilities - $125,000 • Scone Park - new amenities - $120,000 • Aberdeen – Graeme Street bridge pedestrian access improvements - $50,000 • Murrurundi – Pages River footbridge – disabled access - $35,000 • Murrurundi – RSL Hall new kitchen - $15,000 • Merriwa – School of Arts stage, curtains and changerooms – $50,000 • Wingen – Playground Equipment - $10,000 • Cassilis – Community Centre – new toilets - $11,000 Subject to Graeme Street bridge pedestrian access meeting design standards. MOVED: Cr B Howey SECONDED: Cr L Watts MOTION CARRIED


.




3.4 PLANT PURCHASE TENDERS BACKGROUND: As detailed in Confidential Report. Tenders include:

Tender No 4 - 2008/2009 – Street Sweeper Tender No 5A & 5B- 2008/09 – Slashing Tractor

ISSUES: As detailed in Confidential Report. SUSTAINABILITY: As detailed in Confidential Report. OPTIONS: To adopt, amend or reject the recommendation FINANCIAL CONSIDERATIONS: As detailed in Confidential Report. RECOMMENDED that the Committee move into Closed Committee pursuant to section 10A(1)-(3) of the Local Government Act 1993, the media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of section 10A(2) (c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business. MOVED: Cr B Howey SECONDED: Cr L Driscoll MOTION CARRIED RECOMMENDED that the Committee move back into Open Committee MOVED: Cr B Howey SECONDED: Cr L Watts MOTION CARRIED RECOMMENDED that the Council adopt the recommendation of the Closed Committee regarding plant purchases. MOVED: Cr L Driscoll SECONDED: Cr B Howey MOTION CARRIED WASTE DISPOSAL TO LANDFILLS LEVY BACKGROUND: As part of the State mini budget, announced by the Treasurer on 11 November 2008, the State Government has extended the waste and environment levy as per attached map to all the coastal councils located north of Port Stephens. Minister for Climate Change and the Environment, Carmel Tebbutt advised Upper Hunter Shire Council that it is included in the changes, see letter attached. ISSUES: From 1st July 2009, waste disposed to landfills along the NSW North Coast will attract a levy of $10 per tonne. The levy will then increase by $10 each year from 2009/10 until it reaches around $70 per tonne (in today’s dollars) by 2015/16. SUSTAINABILITY: Council has already proactively undertaken recycling initiatives to reduce waste to landfill. The levy will drive resource recovery, recycling and waste avoidance in the Upper Hunter Shire Council.


OPTIONS: To adopt, amend or reject the recommendation FINANCIAL CONSIDERATIONS: For the first two years of the program, all revenues collected that are attributable to house hold waste will be returned to coastal councils for these purposes. Thereafter, this will revert to the 50 percent return rate. The council will be required in to pay the following amount as detailed below. Financial year Annual levy

Council Volume State contribution Council annual

levy yearly payment

Increase cost to council per household

2009/10 $10/T 15,700 8,400 $73,000 $14 2010/11 $20/T 15,700 8,400 $146,000 $28 2011/12 $30/T 15,700 4,200 $345,000 $67 2012/13 $40/T 15,700 4,200 $460,000 $89 2013/14 $50/T 15,700 4,200 $575,000 $111 2014/15 $60/T 15,700 4,200 $690,000 $133 2015/16 $70/T 15,700 4,200 $805,000 $155 $3,094,000 Note – The table data is based on 2007/08 figures in today dollars. The cost to council is an increase of approximately $14 per household in 2009/10 to $155 per household in 2015/16. Over the last 5 years, Council has introduced, kerbside recycling, green waste, metals and building materials recycling bays at the landfills which has reduced the waste to landfill by over 50%. RECOMMENDED that Council prepare a submission to the Minister of Climate Change and the Environment concerning the inclusion of Upper Hunter Shire council in the waste and environment levy zone. MOVED: Cr L Driscoll SECONDED: Cr L Watts MOTION CARRIED Meeting closed 3.50pm


ATTACHMENT 2

ITEM 3 KELLY STREET UPGRADE PROPOSAL BACKGROUND: The issue of traffic signals in Kelly Street has been considered by Council over the past eight years at least. Recent significant events:

• 4 October 2001 – Traffic Committee received the consultant, Mr Keating, who had been engaged by the RTA to conduct a traffic calming study for Kelly Street from Susan Street to Gundy Road.

• 24 October 2005 – Upper Hunter Shire Council confirmed its support for traffic signals at the

intersection of Kelly and Liverpool Streets.

• 23 May 2006 - the NSW Roads Minister put the issue firmly back on the agenda announcing a $17 million initiative to upgrade 59 multi-lane marked pedestrian crossings on State Highways, one of which is in Kelly Street, Scone. Whilst each location is unique, generally the marked pedestrian crossings are being removed and replaced with traffic signals.

• October/November 2008 – Roads and Traffic Authority (RTA) undertake community consultation on the

traffic signal proposal.

• 24 November 2008 - Following the presentation from the RTA, Council resolved to refer the provision of traffic signals at the intersection of Liverpool Street and the New England Highway back to the December Works and Technical Services Committee for further consideration.

ISSUES: There are a number of technical aspects of the traffic signal proposal that need to be addressed. • Dual lane pedestrian crossing

• The RTA have to fulfil the NSW Government decision to remove the dual lane pedestrian crossing and replace it with alternative pedestrian facilities.

• Replacing the roundabout with traffic signals provides enhanced pedestrian facilities by allowing controlled pedestrian crossings at all 4 legs of the intersection. The traffic signals would remove the dangerous situations where traffic continues through on the 2nd lane and is unable to see pedestrians behind stopped traffic in the first lane.

• An additional benefit of traffic signals is the provision of controlled pedestrian facilities between the NAB and Post Office corner (across Kelly Street) and NAB and Golden Fleece Hotel corner (across Liverpool Street) which are currently uncontrolled.

• Traffic signals option also address the problem of pedestrians crossing 4 lanes of traffic in Liverpool Street (western leg), where the western sun causes a unique problem with traffic exiting the roundabout in a westerly direction.

• Pedestrian behaviour

Pedestrian behaviour is affected by factors such as the desired destination, the perception of safety and/or danger, risk tolerance and desire lines (or the desire to reach your destination by the shortest possible route). A person makes the decision to cross the road at any particular point, balancing all of these issues. This is not a conscious decision but an unconscious one and every individual places different levels of importance on each aspect. Ie. A teenager has a higher tolerance to risk than an elderly person so is more likely to cross the highway at the shortest possible point, the desire line having a stronger influence on the decision. Large pedestrian generators are places/businesses such as schools, banks, newsagents, post office, chemists for example. The pedestrian generators for the Kelly/Liverpool intersection are the Primary School, the Grammar School, and businesses such as the newsagent, post officer and 3 banks.


Pedestrians such as school children travelling east will continue to cross at the Kelly/Liverpool intersection whether there are pedestrian facilities there or not, because they have made a sub-conscious decision that the risk is worth the extra time and effort. The tipping of the scales in this unconscious decision making process, causing people to take greater risk as pedestrians is unacceptable and should not be contemplated by Council.

• Traffic behaviour

Both traffic signals and roundabouts have positive and negatives consequences. Positives:

o Traffic signals provide a mechanism to allow the New England Highway to continue to operate whilst the Liverpool St railway crossing is closed. The current situation where the roundabout becomes choked by vehicles sitting on the roundabout prevents the flow of highway traffic, and all four approaches to the roundabout then begin to queue until the railway crossing again opens. This increases the time involved to clear the intersection, resulting in further delays.

o Signalised right turn lanes on all 4 intersection legs Negatives:

o Stop/start nature of traffic lights vs a multi-directional flow of roundabout traffic. o The impact on side streets of traffic avoiding the lights. The effect of this is not yet known, however

engineering measures can be put in place to mitigate this or it may in fact be a positive outcome in redistributing traffic to, say, the overhead bridge in lieu of the Liverpool Street crossing.

OPTIONS: • Mid block crossings:

o This option doesn’t address the 4 lane pedestrian problem and the RTA will require traffic signals at each crossing or a single lane section mid block.

o This option doesn’t address the pedestrian generators and desire lines that are currently established.

o Multiple mid-block pedestrian traffic signals and a roundabout at Liverpool Street will increase congestion, stop-start and significantly reduce available Kelly Street parking.

• Single lane option:

o This option would increase traffic congestion to unacceptable levels with delays caused by vehicles parallel parking creating a stop/start effect for through traffic.

o Isolated single lane areas either mid block or at the Kelly Street/Liverpool Street intersection would require kerb blisters large enough to accommodate approach and departure clear zones which would severely impact on parking in front of those businesses.


DEVELOPMENT Section: DEVELOPMENT REP 478/08

D.12.1 NSW DEPARTMENT OF PLANNING - PLANNING REFORMS Council: 22 December 2008 RECOMMENDATION: That the Information in respect of the NSW Department of Planning - Planning Reforms be noted. BACKGROUND: Since August 2007 the State Government has pursued a wide ranging reform program of the NSW planning system. New legislation comprising the Environmental Planning and Assessment Amendment Act 2008, the Building Professionals Amendment Act 2008 and the Strata Management Legislation Amendment Act 2008, was passed by Parliament on 18 June 2008 and assented to on 25 June 2008. The new legislation requires significant regulations, guidelines, EPI amendments, and protocols to be introduced prior to commencement. The reform package is being implemented in stages, as notified by the Minister. A timetable is to be prepared (not yet available), however the Department expects that most aspects of the new legislation will be in place by mid 2009. To date, implementation of certain parts of the legislation has taken place on 1 August, 1 September and 3 November 2008. Those parts now operational relate to accreditation of bodies corporate (companies consisting of and/or employing private accredited certifiers), establishment of planning bodies (the Planning Assessment Commission, independent hearing and assessment panels, planning administrators and assessment panels), administrative matters (increased penalties for unauthorised work, keeping of records of mandatory critical stage and missed inspections, amended accreditation procedures and control of certifiers, additional Council investigative powers, awarding of costs in certain appeals). Following assent to the Local Government and Planning Legislation Amendment (Political Donations) Act 2008 on 12 September 2008, disclosure of political donations and gifts when lodging or commenting on a planning proposal is now required. ISSUES:

• The reduction of the role of Council and the community in the development process (certain types of development will be assessed or determinations reviewed by other bodies):

- Planning Assessment Commission: Consent authority for Part 3A applications, as directed by

the Minister. May also act as a Joint Regional Planning Panel, if directed. To act as a review panel and hold public hearings. No appeal provisions will apply regarding a determination made after a public hearing.

- Joint Regional Planning Panels: Consent authority for area or region, appointed by the Minister, in respect to designated development, nominated development over $5M (Crown or council involvement), other development over $50M. Also to advise the Minister on other planning matters in its region (LEPs, etc). To consist of 3 State-appointed members and 2 from the relevant council area.

- Independent Hearing and Assessment Panels: A panel of experts to be appointed by a council to advise on planning issues, consider submissions, etc. Some councils already use such panels and their regulation and possible Ministerial intervention has not been widely accepted.

- Planning Arbitrators: To be persons with relevant expertise, appointed by the Minister, to conduct hearings relating to review of council determinations of minor developments.

• The legislation imposes obligations on councils to assist the various bodies through the provision of

staff, facilities, access to records and the reimbursement of all costs associated with the exercise of their functions within council’s area. Penalties can be imposed on any member of council, general manager or employee who obstructs the functions of these bodies.

• The legislation makes provision for removal of “stop the clock” provisions when assessing applications

(this will be carried out following amendment to the Regulation). This provision makes no allowance for extraordinary circumstances that may prolong the procurement of sufficient information to determine an application. It will inevitably lead to the Department using misleading statistical analysis to criticise the development procedures of individual councils.


• The provisions relating to development contributions (current Section 94) will be amended to limit the

types of project for which a council can require a contribution. The Minister’s consent will be required to include projects outside defined “key community infrastructure”. For example, bush fire protection services are not included. The Minister will also have additional powers to direct councils in respect to the type, amount and area applicable to contributions and the timing of works.

SUSTAINABILITY: Not applicable. OPTIONS: To note the report or to require additional information. FINANCIAL CONSIDERATIONS: Not applicable. RESOLVED that the information in respect of the NSW Department of Planning - Planning Reforms be noted.

Moved: Cr D Peebles Seconded: Cr E Bates CARRIED


Section: DEVELOPMENT REP504/08

D.12.2 POLICY GUIDELINES FOR FLORA AND FAUNA ASSESSMENT Council: 22 December 2008 RECOMMENDATION: That Council adopt the Policy Guidelines for Flora and Fauna Assessment. BACKGROUND: At its ordinary meeting on the 27 October 2008 the Council resolved that (a) the draft policy be placed on public exhibition, and (b) that any comments received be referred back to the Development and Environmental Services Committee for consideration and further recommendation back to Council. The policy was placed on public exhibition from the 7 November 2008 to the 5 December 2008. No submissions were received. ISSUES: • The Council receives a range of development applications in relation to subdivision of land, dwellings, minor

development, quarries, feedlots and commercial developments. Depending on the type of development different levels of information are required.

• The provision of guidelines can improve the quality of information provided with the development application and reduce delays in processing.

• The guidelines for Flora and Fauna Assessment provide identify circumstances for when more detailed information is required.

SUSTAINABILITY: Council is required to consider the principles of ecological sustainable development when assessing development applications. Good quality information provided with development applications will help to support this requirement. OPTIONS: • To adopt the Policy Guidelines for Flora and Fauna Assessment. • To refer back to the Development and Environmental Services Committee for further consideration • To resolve to not support the guidelines for Flora and Fauna Assessment. FINANCIAL CONSIDERATIONS: Nil RESOLVED that Council adopt the Policy Guidelines for Flora and Fauna Assessment.

Moved: Cr P Hodges Seconded: Cr M Johnsen CARRIED


DEVELOPMENT AND BUILDING CONTROLS – DRAFT POLICY – GUIDELINES – Building and Development Applications - Flora and Fauna Survey and Assessment Reports INTRODUCTION The Environmental Planning and Assessment Regulation 2000 (Schedule 1(a)(e)) requires that the applicant provides an indication as to whether the development is likely to significantly affect threatened species, populations or ecological communities, or their habitats (unless the development is taken to be development that is not likely to have such an effect, because of the issue of a biobanking statement under Part 7A of the Threatened Species Conservation Act 1995, in which case it is sufficient to indicate that the statement has been issued), A Flora and Fauna Survey and Assessment Report provides the results of a flora and fauna survey of the development site, assesses the significance of the flora and fauna, assesses the ecological significance of the site and assesses the impacts that the development may have on flora, fauna and the biophysical environment. The report should also identify existing vegetation and vegetation to be removed. Application A development application is likely to be required to be supported by a Flora and Fauna Survey and Assessment Report where development requires significant disturbance and/or removal of vegetation or potential habitats. The report should identify associated legislation and demonstrate compliance with the requirements of the legislation. The report should also include a discussion of the findings of the survey and a recommendation. Circumstances where a F3lora and Fauna Survey and Assessment Report may be required include: • The development on the property is within 200m of a natural water course, wetland, reserve, National Park,

State Forest or permanent water body • The development on the property is adjacent to or contains a parcel of remnant native vegetation • The development involves the significant disturbance or removal of native remnant vegetation (as defined in

section 7 of the Native Vegetation Act 2003). • The development on the property implies significant disturbance to existing or potential native habitat for

fauna species such as native vegetation, caves, dead trees, hollow bearing trees, bush rock or rocky outcrops, wetlands, streams, lakes, ponds or dams.

• Where Council identifies a potential impact following a site inspection. A Flora and Fauna Survey and Assessment Report must be prepared by a suitably qualified person. The contents and methods of a Flora and Fauna Survey and Assessment Report must be consistent with the Threatened Biodiversity Survey and Assessment: Guidelines for Developments and Activities Working Draft dated November 2004 developed by the NSW Department of Environment and Conservation (DEC). It must also include relevant matters under the Environmental Protection and Biodiversity Conservation Act 1999. References This is a new draft policy and is on public exhibition until 5 December 2008. Review Date August 2012 by Director of Environmental Services Authorised by: Daryl Dutton, General Manager Date


GENERAL ADMINISTRATION Section: GENERAL ADMINISTRATION REP487/08

G.12.1 HUNTER COUNCILS BOARD STRUCTURE Council: 22 December 2008 RECOMMENDATION: That Council:-

1. adopt the new proposed structure for the Hunter Councils Board; 2. appoint Council’s Mayor as Council’s Board member; 3. appoint three other individual Councillors, one to each of the three Policy Groups, being

Economic Development and Infrastructure Environment Cultural and Community

BACKGROUND: Hunter Councils, as a regional organisation of Local Government authorities, has been in existence for over 50 years. Formerly entitled “Hunter Regional Organisation of Councils” (HROC) the organisation now comprises an incorporated Association – Hunter Councils Inc – and a wholly owned trading company, Hunter Councils Ltd. In the early 1990s the then members of HROC reviewed their regional organisation of Councils and adopted the ILAC (Integrated Local Area Council) model as its approach to its business operations. Essentially this model is based on a philosophy that any services undertaken by Local Government have a “natural catchment” defined by efficiency and effectiveness that will not necessarily align with traditional Local Government authority boundaries. Some activities such as environmental services (air quality, water quality etc) have regional and sub-regional scope whereas road maintenance – most particularly of Council owned roads – is best managed within intra-Local Government area catchments defined by ownership, travel time and direct budgetary allocations. Arising from this the Association members endorsed an approach where Hunter Councils Inc (as it became known) would be a broker enabling any member to participate, or not participate, in the regional delivery of services. An example of this approach is the Memorandum of Understanding (MOU) for regional procurement within which individual councils have the option of participating in any supply contract. Concurrently with the above, the members reviewed and endorsed the roles of their Board, General Managers Advisory Committee (GMAC) and professional groups. At that time Hunter Councils Inc engaged its first full-time CEO. In the years following the governance structure thus established was successful in building the organisation, reducing the quantum of member contributions and expanding the range of regional services provided on behalf of members. The model now in place is widely regarded as both the most effective regional structure for Local Government in New South Wales and a model for such co-operation on a national level. To get this outcome the organisation is active across a range of disciplines and at many levels such as its great range of staff working groups in Government and industry associations, research, direct service delivery and support for the members of the region and the Local Government industry generally. Current services are also expanding their sphere of influence and their operations. Recently GMAC has resolved to review business plans to assess future direction, scale of operations etc.. Any business activity has associated risks and GMAC is committed to managing this on behalf of the members. A Proposed New Structure As a result of the continued evolution it is suggested that the structure of the Board and the mechanisms available to elected members to contribute to regional policy making at a Local Government level be revised. Board Size and Representation: Noting that Greater Taree City Council has withdrawn from the organisation, the constitution of Hunter Councils Inc currently provides for the following membership:-

Membership of the Organisation shall be open to, but not restricted to, the following Councils:- Cessnock City Council Dungog Shire Council Gloucester Shire Council Lake Macquarie City Council


Maitland City Council Muswellbrook Shire Council Newcastle City Council Upper Hunter Shire Council Singleton Council Great Lakes Council Port Stephens Council Greater Taree City Council

It also prescribes the following representation levels:-

i. A member Council will be represented on the Organisation as follows:- Population of 100,000 or greater – 4 delegates Population of less than 100,000 – 2 delegates

There are a number of issues associated with this approach. A twenty six member Board is, for example, by its nature difficult to manage. Decision making tends to be fractured and the long term inability of many members for a wide range of reasons to consistently attend the quarterly meetings has led to a weakening of the Board’s performance of its governance roles and its capacity to establish and maintain a coherent, responsive and strategic advocacy role. The structure has also diluted the capacity of our Region’s Mayors to act as a voice both for their own communities and – collectively – for the Region at a State and national level. Importantly, the structure has also not assisted the Councillor members of the Board in imprinting their own strategic contribution to policy and co-operative service delivery. Arising from the above, a proposal for a four strand structure has been developed. Strand One: The Board It is suggested that the Board be restricted to the Mayors of the member Councils. Meeting bi-monthly, the Board would pursue the organisational objectives listed earlier in this report, especially the focus on advocacy at a political and government level previously not fully addressed. Each of the member Council General Managers would attend Board Meetings. Their role would, however, be advisory only with no voting rights assigned to them. The CEO of Hunter Councils Inc would continue to act as Executive Officer. Strand Two: Policy Groups The second strand would be the creation of three policy groups that would meet five times per year to investigate, review and provide recommendations on critical issues relating to the organisation’s regional objectives. The membership of these groups would be limited to Councillors (not including Mayors) nominated by the members Councils at a ratio of one Councillor per Council per group and would comprise:-

Economic Development and Infrastructure (CEO of Hunter Councils as Executive Officer) Environment (Director, Environment Division of Hunter Councils as Executive Officer) Cultural and Community (CEO of Hunter Councils as Executive Officer)

Each of the groups would frame advice on policy and strategy in relation to their area of responsibility. This would be facilitated by the groups meeting during the month between Board meetings according to the following schedule:-

February: Board Meeting March: Working Group Meeting April: Board Meeting May Working Group Meeting June: Board Meeting July: Working Group Meeting August: Board Meeting September: Working Group Meeting


October: Board Meeting November: Working Group Meeting December: Board Meeting

Strand Three: Appointment of Delegates by the Board The Hunter Councils Board is represented on a number of Boards and agencies within our Region. As part of the proposed restructure the formal appointment of delegates/representatives to, for example, Hunter Tourism and the Westpac Rescue Helicopter would continue with nominations being sought from Councillors within member Councils. Once appointed by the Board of Hunter Councils these Councillor delegates would act within the full level of authority delegated to them by the Board. Strand Four: Programmed presentations by Hunter Councils to member Councils and annual “Congress” of Local Government in the Hunter It is recognised that all Councillors in our member Councils have a critical role to play in intra-regional co-operation. It is therefore suggested that twice yearly presentations be delivered to each Council at their Council in order to brief all Councillors on current and emerging issues and strategy. These presentations would be made by the CEO and selected staff. It has also been suggested that there would be significant value in an annual “Congress” of Local Government in the Hunter attended by Councillors from member Councils. This Congress would be a major event auspiced by Hunter Councils and involving high profile keynote speakers on current and emerging issues of importance to Local Government. The networking, awareness raising and publicity potential of such the Congress could be quite significant, with the concept deserving of serious consideration as a means of enhancing the profile of Local Government in the Hunter and the contribution of Councillors to our local communities. ISSUES: Not applicable. SUSTAINABILITY: Not applicable. OPTIONS: To accept, reject or amend the recommendation. FINANCIAL CONSIDERATIONS: Some costs would be incurred in additional travelling but would be minimal in nature. RESOLVED that Council:- 1. adopt the new proposed structure for the Hunter Councils Board; 2. appoint Council’s Mayor as Council’s Board member; 3. appoint three other individual Councillors, one to each of the three Policy Groups, being

Economic Development and Infrastructure (Cr Michael Johnsen) Environment (Cr Claire Pfister-Paradice to be offered this position upon her return from

leave) Cultural and Community (Cr Deirdre Peebles)



Section: GENERAL ADMINISTRATION REP493/08

G.12.2 STATEMENT OF BUSINESS ETHICS Council: 22 December 2008 RECOMMENDATION: That Council adopt the draft Statement of Business Ethics and include the statement in any appropriate public documents. BACKGROUND: The draft Statement of Business Ethics (attachment 1) is a new document which sets out to reinforce Council’s ethical values and provides guidance for any individual, organisation or the private sector doing business with Council. It details Council’s expectations that contractors and other goods and service providers will comply with when conducting business with Council. The document also outlines what can be expected from Council and its staff. ISSUES: The principles of this statement are consistent with Council’s corporate values and the ethical requirements of other public sector agencies. SUSTAINABILITY: Not applicable. OPTIONS: To accept, amend or reject the statement. FINANCIAL CONSIDERATIONS: Nil. RESOLVED that Council adopt the draft Statement of Business Ethics and include the statement in any appropriate public documents.

Moved: Cr P Hodges Seconded: Cr B Howey CARRIED


ATTACHMENT 1

UPPER HUNTER SHIRE COUNCIL

A Quality Rural Lifestyle in a Caring and Thriving Community

STATEMENT OF BUSINESS ETHICS

This statement reinforces Council’s ethical values and provides guidance for any individual, organisation or the private sector doing business with this Council. Council’s ethical standards are outlined in this statement. It is Council’s expectations that contractors and other goods and service providers will comply with these standards when conducting business with Council. In addition this statement outlines what can be expected from Council.

Daryl Dutton GENERAL MANAGER

Version 1 July 2008


Council’s key business principles Council expects its Councillors, staff, officials and representatives (including consultants and contractors) to comply with its adopted Code of Conduct. The Code of Conduct is actively promoted and developed by Council to ensure that the highest standard of integrity and ethical conduct is maintained. Council also expects the private sector and its representatives to maintain similar standards of ethical conduct in their dealings with Council. At the core of Council’s business relationships with suppliers of goods and services (providers) is the principle of value for money. In this context, Council will consider all relevant factors including initial and on-going costs, quality, reliability, safety and timelines. All business relationships will be honest, impartial, ethical, fair and consistent and all dealings not subject to commercial-in-confidence limitations will be transparent and open to public scrutiny. The process surrounding any commercial-in-confidence transactions will nonetheless be transparent and open. What providers can expect from Council officials In its tendering, contracting and purchasing activities, Council strives to ensure that its policies, procedures and practices are consistent with best practice and the highest standards of ethical conduct. When doing business with the private sector (providers of goods and services including tenderers, suppliers, consultants and contractors), Council staff, Councillors and officials are accountable for their actions and are expected to: use public resources effectively and efficiently; be accountable and act in the public interest; deal fairly, honestly and ethically with all individuals and organisations and be timely in paying

accounts; not solicit nor accept any private benefit from a provider for the discharge of official duties; avoid situations where private interest could conflict with public duty (whether real or perceived); treat all potential suppliers with impartiality and fairness and give equal access to information and

opportunities; respond promptly to reasonable requests for advice and information; promote fair and open competition whilst seeking value for money; respect and follow Council’s policies and procedures and abide by the law; fully and clearly document all procurement activities and decisions to provide an effective audit trail to

allow for effective performance review of contracts; purchase energy efficient equipment, products containing recycled materials and environmentally

friendly products wherever reasonably possible; not call tenders unless Council has a firm intention to proceed to contract; not disclose confidential or privacy protected information; not encourage or entertain lobbying or canvassing (lobbying or canvassing of Councillors and officials

during a tender process may disqualify tenders); promote a safe and healthy working environment.


What Council expects from providers Private sector providers of goods and services will observe and abide by the following principles when doing business with Council: deliver value for money; comply with Council’s relevant policies and procedures affecting the provider’s involvement with

Council respect the conditions set out in documents supplied by Council; disclose beneficial interest in contracts wherever possible; provide accurate and reliable advice and information where required; declare actual or perceived conflicts of interest as soon as you become aware of the conflict; act ethically, fairly and honestly in all dealings with Council; respect the obligations of Council officials to adhere to Council’s policies; refrain from divulging privileged or confidential information to unauthorised persons; refrain from engaging in any form of collusive practice; refrain from offering Council officials inducements or incentives designed to improperly influence the

conduct of their duties; refrain from discussing Council business or information in the media without Council’s consent; if required, co-operate with Council’s post separation employment requirements; assist Council to prevent unethical practices in our business relationship; behave in an ethically, socially and economically responsible way in the conduct of their business; refrain from lobbying or canvassing Council officials during the tender process; assist Council in providing a safe and healthy working environment.

Why you need to comply All of Council’s providers of goods and services are required to comply with this statement. The principles of this statement are consistent with Council’s corporate values and the ethical requirements of other public sector agencies. Compliance will advance your business objectives and interests, in a fair and ethical manner. Non-compliance with the requirements of this statement that may result in potential or demonstrated corrupt or unethical conduct could lead to: termination of contracts; loss of future work; loss of reputation; matters being referred for corruption investigation; matters being referred for criminal investigation; disqualification of tender.


Section: GENERAL ADMINISTRATION REP517/08 G.12.3 SCHOOL ACHIEVEMENT AWARDS & CREATIVE ARTS EXCELLENCE

AWARDS Council: 22 December 2008 RECOMMENDATION: That Council consider the confidential report in Closed Committee in accordance with Section 10 of the Local Government Act as the matter is of a personal and confidential nature. BACKGROUND: The Upper Hunter Shire School Achievement Awards recognise all round excellence in academic achievements and involvement in services to the community both inside and outside of school hours. The Upper Hunter Shire Creative Arts Excellence Awards recognise all round excellence in creative arts and involvement in services to the community both inside and outside of school hours. Council is a major employer in the Upper Hunter Shire and plays a key role in land use, social planning and developing social, recreational and cultural opportunities for its residents. The School Achievement Awards and Creative Arts Excellence Awards provide an opportunity for Council to encourage and assist young people in the Shire to pursue further educational qualifications. The presentation of these awards by Upper Hunter Shire Council formally acknowledges students of the Shire who are pursuing further education. Guidelines for the School Achievement Awards and Creative Arts Excellence Awards appear as attachment 1. Nominations of the recipients of the Awards are provided with the confidential report. ISSUES: The Local Government Act, 2003 at Section 10 provides limitations to the Council to close portions of its meeting to the public. The consideration of nominees for Australia Day Awards does not fit strictly within the provisions of the Act but does align with the intent of the legislation to provide for Council to appropriately consider personal matters confidentially. SUSTAINABILITY: Not applicable. OPTIONS: Not applicable. FINANCIAL CONSIDERATIONS: Council allocated $4000 for the School Achievement Awards and $4000 for the Creative Arts Excellence Awards in the 2007/8 Management Plan. RESOLVED that Council consider the confidential report in Closed Committee in accordance with Section 10 of the Local Government Act as the matter is of a personal and confidential nature.

Moved: Cr E Bates Seconded: Cr P Hodges CARRIED RESOLVED that: 1. The Upper Hunter Shire School Achievement Awards be presented, on Australia Day, to those

students named in the confidential report. 2. The Upper Hunter Shire Creative Arts Excellence Awards be presented, on Australia Day, to those

students named in the confidential report.

Moved: Cr E Bates Seconded: Cr B Howey CARRIED RESOLVED that Council move back into Open Council:


Upon resuming Open Council the following recommendations were adopted:


RESOLVED that: 1. The Upper Hunter Shire School Achievement Awards be presented, on Australia Day, to those

students named in the confidential report. 2. The Upper Hunter Shire Creative Arts Excellence Awards be presented, on Australia Day, to those

students named in the confidential report.



ATTACHMENT 1

SCHOOL ACHIEVEMENT AWARD

GUIDELINES 2008

INTRODUCTION Council celebrates the young people in the Shire by recognising the achievements of young people who are residents within the shire. Council does this through the Young Endeavour Scheme, Young Citizen of Year awards, School Achievement awards and the Creative Arts Excellence awards. In the School Achievement Awards, students are recognised with a certificate and financial assistance of $1,000 for use with their tertiary education. AWARDS There are four individual awards in 2008, one for each participating secondary school - Merriwa Central, Scone High, Scone Grammar and St Josephs High. Each school principal will be requested to use the selection criteria below to nominate a student from their school using the nomination form provided. The nominee must be a resident of the Upper Hunter Shire. CRITERIA Each of the four secondary schools will be invited to participate in this award each year. There will be one award for a student of each participating school. Criteria for selection of the student are:

Academic – the award will be given to a Year 12 student who has consistently achieved in assessable tasks throughout the year and is likely to achieve a UAI of greater than or equal to 75. (Final HSC results are not required). Dedication – overall application throughout the student’s school years. Citizenship – the student’s involvement in community related projects.

The award is given for use on tertiary education at any institution. The award is for one year only. Confidentiality will be an issue in this selection process and is the responsibility of the school involved. Each participating school will provide the name of their nominee to Council before the end of your school term, along with a brief biography and reasons why this person is the school’s nominee. The 2008 awards will be presented at the Australia Day Celebrations in each students area on Monday, 26 January 2009.


CREATIVE ARTS EXCELLENCE AWARD

GUIDELINES 2008

INTRODUCTION Council celebrates the young people in the Shire by recognising the achievements of young people who are residents within the shire. Council does this through the Young Endeavour Scheme, Young Citizen of Year awards, School Achievement awards and the Creative Arts Excellence awards. In the Creative Arts Excellence awards, students are recognised with a certificate and financial assistance of $1,000 for use with their tertiary education. The creative arts are defined as including the visual arts, drama and / or music. AWARDS There are four individual awards in 2008, one for each participating secondary school - Merriwa Central, Scone Grammar, Scone High and St Josephs High. Each school principal will be requested to use the selection criteria below to nominate a student from their school using the nomination form provided. The nominee must be a resident of the Upper Hunter Shire. CRITERIA Each of the four secondary schools will be invited to participate in this award each year. There will be one award for a student of each participating school. The award will be given to a Year 12 student who has consistently achieved over the preceding one or two years in their chosen creative arts field and is intending to further their education in this field (ie attend a conservatorium or institute of the arts). Criteria for selection of the student may also include the following:

Dedication – overall application throughout the student’s school years.

Citizenship – the student’s involvement in community related activities.

The award is given for use on tertiary education at any institution. The award is for one year only. Confidentiality will be an issue in this selection process and is the responsibility of the school involved. Each participating school will provide the name of their nominee to Council before the end of your school term, along with a brief biography and reasons why this person is the school’s nominee. The 2008 awards will be presented at the Australia Day Celebrations in each students area on Monday, 26 January 2009.


Section: GENERAL ADMINISTRATION REP-523/08

G.12.4 REQUEST FOR DONATION – UPPER HUNTER EDUCATION FUND INC Council: 22 December 2008 RECOMMENDATION: That Council provide a donation for 2008/2009 to the Upper Hunter Education Fund Inc in the amount of $500.00. BACKGROUND: A request has been received from Upper Hunter Education Fund Inc requesting Council to take up one of the following options:

1. Foundation Sponsor – With a commitment of $10,000 pa for at least three years. 2. Major Sponsor – With a commitment of $500 pa for at least three years. 3. Patron - $500 donation.

Upper Hunter Education Fund is a new body which has been established just this year for the purposes of supporting young people from the Upper Hunter region in their endeavour to enter into tertiary education of any type. They raise funds for and then provide financial support of appropriately needy and deserving candidates.

ISSUES: Nil SUSTAINABILITY: Not applicable. OPTIONS: To accept, amend or reject the request. FINANCIAL CONSIDERATIONS: Funds to cover this donation are available in the 2008/2009 budget. RESOLVED that Council provide a donation for 2008/2009 to the Upper Hunter Education Fund Inc in the amount of $500.00.




Section: GENERAL ADMINISTRATION

G.12.5 REQUEST FOR DONATION – INTERGRATED LIVING Council: 22 December 2008 RECOMMENDATION: That Council provide a donation OF $500 to Integrated Living. BACKGROUND: A request has been received from Integrated Living (formerly Hunter Integrated Care Inc) towards supporting participants from the Upper Hunter Region in attending a National Institute of Dramatic Arts Workshop in January 2009. The workshop will be held in the St Joseph’s High School hall in Aberdeen. ISSUES: Nil SUSTAINABILITY: Not applicable. OPTIONS: To accept, amend or reject the request. FINANCIAL CONSIDERATIONS: Funds to cover this donation are available in the 2008/2009 budget. RESOLVED that Council provide a donation of $500 to Integrated Living.

Moved: Cr L Driscoll Seconded: Cr B Howey CARRIED



POLICIES Section: POLICY MATTERS REP473/08 H.12.1 COUNCIL POLICIES Council: 22 December 2008 RECOMMENDATION: That Council: 1. Adopt the following policies

a. LAWS AND ENFORCEMENT - POLICY - Events on Council Land (INT-23177/08) b. DEVELOPMENT AND BUILDING CONTROLS - POLICY – BUILDING AND DEVELOPMENT

APPLICATIONS – Attached Dwellings (INT-23188/08) c. DEVELOPMENT AND BUILDING CONTROLS - POLICY – BUILDING AND DEVELOPMENT

APPLICATIONS – Relocated Dwellings (INT-23180/08) d. LAWS AND ENFORCEMENT- POLICY – STANDARDS – Code for the Construction & Operation

of Hair Dressing, Beauty & Skin Penetration Premises (INT-23219/08) e. GOVERNANCE – COUNCILLORS – Code of Meeting Practice

2. Rescind the policies of the former Scone Shire Council: a. Regulations, Development (11) Fees for Dwelling Houses

BACKGROUND: Council officers undertake an ongoing review of Council’s policies. Some policies need amendment to reflect current circumstances/practices and others can be rescinded. The draft policies and policies to be rescinded, are provided under separate cover. 1. Generally, these policies are similar to previous policies with the layout being changed to bring a

consistent approach to Council’s policies. Specific comments are recorded on Attachment 1. 2. Generally, the policies to be rescinded are considered to be of a day-to-day management nature, which

can be approved by the General Manager as an administrative principle. Specific comments are recorded on Attachment 2.

ISSUES: Policies provide guidance to the Council and its officers. SUSTAINABILITY: Not applicable. OPTIONS: Council may:

• Adopt the draft policies with or without amendment; • Rescind previous policies which will redrafted as Administrative Principles; • Seek additional information, prior to adopting a draft policy.

FINANCIAL CONSIDERATIONS: Nil RESOLVED that Council: 1. Adopt the following policies

a. LAWS AND ENFORCEMENT - POLICY - Events on Council Land (INT-23177/08) b. DEVELOPMENT AND BUILDING CONTROLS - POLICY – BUILDING AND DEVELOPMENT

APPLICATIONS – Attached Dwellings (INT-23188/08) c. DEVELOPMENT AND BUILDING CONTROLS - POLICY – BUILDING AND DEVELOPMENT

APPLICATIONS – Relocated Dwellings (INT-23180/08) d. LAWS AND ENFORCEMENT- POLICY – STANDARDS – Code for the Construction &

Operation of Hair Dressing, Beauty & Skin Penetration Premises (INT-23219/08) e. GOVERNANCE – COUNCILLORS – Code of Meeting Practice

2. Rescind the policies of the former Scone Shire Council: f. Regulations, Development (11) Fees for Dwelling Houses



ATTACHMENT 1 Policies to be Adopted

BACKGROUND: These policies are similar to previous policies with the layout being changed to bring a consistent approach to Council’s policies. The following specific comments relate:

a. LAWS AND ENFORCEMENT - POLICY - Events on Council Land (INT-23177/08)

This policy was based on and replaces the policy of the former Scone Shire Council “Regulations, Development (8) One Off Functions”, which was adopted 23 March 1998. Additional details have been included in the revised policy.

b. DEVELOPMENT AND BUILDING CONTROLS - POLICY – BUILDING AND DEVELOPMENT APPLICATIONS – Attached Dwellings (INT-23188/08) This policy was based on and replaces the policy of the former Scone Shire Council “Regulations, Development (10) Attached Dwellings”, which was adopted in May 1994. Minor formatting and title changes were included in the revised policy.

c. DEVELOPMENT AND BUILDING CONTROLS - POLICY – BUILDING AND DEVELOPMENT

APPLICATIONS – Relocated Dwellings (INT-23180/08) This policy was based on and replaces the policy of the former Scone Shire Council “Relocatable Dwellings Policy”, which was adopted 19 May 1997 and amended on 28 July 2003. It incorporates changes to the legislation and regulations, as well as formatting and title changes.

d. LAWS AND ENFORCEMENT- POLICY – STANDARDS – Code for the Construction & Operation

of Hair Dressing, Beauty & Skin Penetration Premises (INT-23219/08) This policy was based on and replaces the policy of the former Scone Shire Council “Regulations, Health (2) Code for Construction & Operation of Hair Dressing, Beauty & Skin Penetration Premises”, which was adopted in 1993. Minor amendments to some words and dates. References updated. Title reformatted.

e. GOVERNANCE – COUNCILLORS – Code of Meeting Practice

Minor amendments made.


ATTACHMENT 2 Policies to be Rescinded

BACKGROUND: Generally, the policies to be rescinded are considered to be of a day-to-day management nature, which can be approved by the General Manager as an administrative principle. The following specific comments relate:

a. Regulations, Development (11) Fees for Dwelling Houses This policy was adopted by Council in May 1994. Fees are specified in the Fees and Charges Schedule of the annual Management Plan, and this policy is redundant.


WORKS/TECHNICAL Section: WORKS / TECHNICAL

J.12.1 WHITE PARK SELLING COMPLEX Council: 22 December 2008 RECOMMENDATION: That the White Park Selling Complex upgrade be undertaken at a cost of $45,000, funded from S94 Open Space contributions. BACKGROUND: In consultation with Inglis, Council staff has prepared a program of interim measures to retain the White Park Selling Complex as a viable venue for the purpose of selling thoroughbred horses. Inglis long term goal is to establish a state of the art selling facility on land adjacent to the Scone Equine Centre, however the current facility at White Park has a limited life span and the commercial pressures to sell more horses in the Hunter Valley may force Inglis to seek alternative arrangements. ISSUES: There are several areas where immediate work is needed to enable thoroughbred sales to take place in the short term. Safety of unloading and loading facilities – the risk exists that if a horse was to escape a handler it may end up in a nearby residential street. Additional fencing linking the rail fence with the loading area and stable complex would lessen this probability. Stabling complex – the safety of horses is compromised by exposed taps, damaged iron sheeting, open drains, and uneven/damaged paving. These issues will be addressed immediately within the current maintenance program. Water and feed troughs are needed in the 200 boxes at an estimated cost of $22,000. Selling complex – the damaged seating area in the western side of grandstand needs replacing at an estimated cost of $8,000. Additional fenced laneways are needed to safely return horses from the sale ring to the parade and stabling areas. One of the major issues is the lack of adequate parade areas. The existing laneways are narrow and unsafe to view horses as well as being congested on inspection and sale days. The current parade areas would need to be refigured and additional parade areas developed adjoining the southern part of the stabling complex. Enclosing the horse areas improves safety for the public as well as offering a better environment for buyers and vendors to do their business. The cost to upgrade parade enclosures is $15,000. SUSTAINABILITY: The upgrade of existing facilities will bring the complex up to a safe and usable level in the short term. The problem that cannot be addressed in the short term is the limited number of stables available at the complex. OPTIONS: To accept, modify or reject the recommendation. FINANCIAL CONSIDERATIONS: Council’s allocation of $45,000 funded from S94 Open Space contributions. This amount to be repaid to S94 Open Space restriction from commission received by Council from horse sales from July 2009. RESOLVED that the White Park Selling Complex upgrade be undertaken at a cost of $45,000, funded from S94 Open Space contributions.

Moved: Cr E Bates Seconded: Cr L Driscoll CARRIED

THERE BEING NO FURTHER BUSINESS THE MEETING CLOSED AT 6.41PM.

Documents

Ordinary Council Meeting - 22 December 2008 - MINUTES