Council Meeting Minutes - 28 July 2008€¦ · D.7.1 HERITAGE STRATEGY ANNUAL REPORT 2007/08 ......

73
Page 1 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER MINUTES OF THE ORDINARY MEETING OF UPPER HUNTER SHIRE COUNCIL HELD ON MONDAY, 28 JULY 2008 AT THE COUNCIL CHAMBERS, MAIN STREET, SCONE COMMENCING AT 4.00PM PRESENT: Cr Barry Rose (Mayor), Cr Errol Bates (Deputy Mayor), Cr Nat Doonan, Cr Peter Hodges, Cr Ean Cottle, Cr Lee Watts and Cr John Scriven. APOLOGIES: RESOLVED that the apology received from Cr Nat Doonan be received and leave of absence granted. Moved: Cr D Peebles Seconded: Cr E Bates CARRIED IN ATTENDANCE: Mr Daryl Dutton (General Manager), Mr Wayne Cossens (Director Corporate Services), Mr Bruce Heise (Acting Director Environmental Services), Mr Bede Spannagle (Director Technical Services), Mr Steve Pryor (Deputy Director Corporate Services) and Mrs Robyn Cox (Executive Personal Assistant). ADOPTION OF MINUTES: RESOLVED that the minutes of the ordinary meeting held on 23 June 2008 be adopted. Moved: Cr E Cottle Seconded: Cr D Peebles CARRIED DECLARATIONS OF INTEREST: Nil PUBLIC PARTICIPATION: 3.30pm Naturalisation Ceremony Mr Andres Estrada (Chile) K.7.1 Presentation to Retiring Member of Staff Mr John Driscoll G.7.6 Queensland Hunter Gas Pipeline Bob Otjen - General Manager Paul Keighley - Environment

Transcript of Council Meeting Minutes - 28 July 2008€¦ · D.7.1 HERITAGE STRATEGY ANNUAL REPORT 2007/08 ......

Page 1: Council Meeting Minutes - 28 July 2008€¦ · D.7.1 HERITAGE STRATEGY ANNUAL REPORT 2007/08 ... Note the financial report for the period; Moved: Cr P Hodges Seconded: Cr L Watts

Page 1 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

MINUTES OF THE ORDINARY MEETING OF UPPER HUNTER SHIRE COUNCIL HELD ON MONDAY, 28 JULY 2008 AT THE COUNCIL CHAMBERS, MAIN STREET, SCONE COMMENCING

AT 4.00PM PRESENT: Cr Barry Rose (Mayor), Cr Errol Bates (Deputy Mayor), Cr Nat Doonan, Cr Peter Hodges, Cr Ean Cottle, Cr Lee Watts and Cr John Scriven. APOLOGIES: RESOLVED that the apology received from Cr Nat Doonan be received and leave of absence granted.

Moved: Cr D Peebles Seconded: Cr E Bates CARRIED IN ATTENDANCE: Mr Daryl Dutton (General Manager), Mr Wayne Cossens (Director Corporate Services), Mr Bruce Heise (Acting Director Environmental Services), Mr Bede Spannagle (Director Technical Services), Mr Steve Pryor (Deputy Director Corporate Services) and Mrs Robyn Cox (Executive Personal Assistant). ADOPTION OF MINUTES: RESOLVED that the minutes of the ordinary meeting held on 23 June 2008 be adopted.

Moved: Cr E Cottle Seconded: Cr D Peebles CARRIED

DECLARATIONS OF INTEREST: Nil PUBLIC PARTICIPATION:

3.30pm Naturalisation Ceremony Mr Andres Estrada (Chile) K.7.1 Presentation to Retiring Member of Staff Mr John Driscoll G.7.6 Queensland Hunter Gas Pipeline

Bob Otjen - General Manager Paul Keighley - Environment

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Page 2 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

UUPPPPEERR HHUUNNTTEERR SSHHIIRREE CCOOUUNNCCIILL

OOrrddiinnaarryy MMeeeettiinngg -- 2288 JJuullyy 22000088

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MAYORAL MINUTES................................................................................................... 3 A.7.1 ROUGH RIDERS & CAMPDRAFTERS OF YESTERDAY & TODAY MEMORIAL PROJECT..3 A.7.2 UPPER HUNTER SHIRE COUNCIL - SECTION 94A LEVY CONTRIBUTIONS PLAN 2008 ...5

COMMITTEE/DELEGATES REPORTS ....................................................................... 7 C.7.1 FINANCE COMMITTEE ............................................................................................................7 C.7.2 DEVELOPMENT AND ENVIRONMENTAL SERVICES COMMITTEE .....................................8 C.7.3 WORKS AND TECHNICAL SERVICES COMMITTEE ...........................................................12 C.7.4 FLOODPLAIN MANAGEMENT COMMITTEE ........................................................................16 C.7.5 MURRURUNDI & DISTRICT HISTORICAL SOCIETY............................................................18 C.7.6 MURRURUNDI YOUTH PROJECT COMMITTEE..................................................................22 C.7.8 TRAFFIC COMMITTEE...........................................................................................................25 C.7.9 COMMUNITY DEVELOPMENT COMMITTEE........................................................................29 C.7.10 TIDY TOWNS COMMITTEE NOMINATIONS .........................................................................34 C.7.11 ADVANCING ABERDEEN COMMITTEE................................................................................38

DEVELOPMENT......................................................................................................... 42 D.7.1 HERITAGE STRATEGY ANNUAL REPORT 2007/08 ............................................................42 D.7.2 TENDERS FOR LEASE OF SCONE MEMORIAL POOL........................................................43 D.7.3 FOOTPATH TRADING............................................................................................................44 D.7.4 DRAFT SCONE LOCAL ENVIRONMENTAL PLAN 1986 (AMENDMENT NO.69) – NEW

ENGLAND HIGHWAY SCONE ...............................................................................................45

FINANCE.................................................................................................................... 46 F.7.1 GST COMPLIANCE CERTIFICATE - 1 MAY 2007 TO 30 APRIL 2008...................................46

GENERAL ADMINISTRATION .................................................................................. 48 G.7.1 LOAN AGREEMENT: MURRURUNDI RETIREMENT HOMES ASSOCIATION ....................48 G.7.2 OBJECTION TO RATE CATEGORISATION ..........................................................................49 G.7.3 ABANDONMENT - POSTPONED RATES AND INTEREST...................................................50 G.7.4 WAIVING OF FEES - USE OF CASSILIS COMMUNITY HALL BY CASSILIS DEBUTANTE

BALL........................................................................................................................................52 G.7.5 DISCLOSURE OF INTEREST RETURNS ..............................................................................53 G.7.6 QUEENSLAND HUNTER GAS PIPELINE ..............................................................................59 G.7.7 DEBTOR WRITE-OFF.............................................................................................................60

POLICY MATTERS .................................................................................................... 61 H.7.1 COUNCIL POLICY – CODE OF CONDUCT ...........................................................................61 H.7.2 COUNCIL POLICIES...............................................................................................................63

WORKS/TECHNICAL ................................................................................................ 65 J.7.1 ROAD NAMING – CAVALRY LINE ROAD, TRIG POINT SUBDIVISION................................65 J.7.2 TED NOFFS CHARITY RIDE ..................................................................................................67 J.7.3 ENERGY AUSTRALIA - NEW 66KVA TRANSMISSION LINE................................................68 J.7.4 NSW PONY CLUB STATE SPORTING CHAMPIONSHIPS ...................................................70

STAFF/RESOURCES................................................................................................. 73 K.7.1 PRESENTATION TO RETIRING MEMBER OF STAFF..........................................................73

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Page 3 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

MAYORAL MINUTES Section: MAYORAL MINUTE REP-325/08

A.7.1 ROUGH RIDERS & CAMPDRAFTERS OF YESTERDAY & TODAY

MEMORIAL PROJECT Council: 28 July 2008 RECOMMENDATION: That Council agree in principle to assist in the development of the project concept and possible locations for the proposed “Rough Riders & Campdrafters of Yesterday & Today Memorial” BACKGROUND: On Friday, 28 July 2008, the Secretary/Treasurer, Wayne Roughan, and other representatives of the Rough Riders & Campdrafters Committee met with the Mayor and General Manager to discuss their proposal to develop a memorial to the Rough Riders & Campdrafters of Yesterday & Today. A copy of their proposal is attached. ISSUES: • Development of project concept. • Possible locations for memorial. SUSTAINABILITY: Not applicable. OPTIONS: To adopt, reject or amend the recommendation. FINANCIAL CONSIDERATIONS: Nil RESOLVED that Council agree in principle to assist in the development of the project concept and possible locations for the proposed “Rough Riders & Campdrafters of Yesterday & Today Memorial”

Moved: Cr L Watts Seconded: Cr E Bates CARRIED

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Page 4 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

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Page 5 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

Section: MAYORAL MINUTE REP 326 /08

A.7.2 UPPER HUNTER SHIRE COUNCIL - SECTION 94A LEVY

CONTRIBUTIONS PLAN 2008 Council: 28 July 2008 RECOMMENDATION: That Council amend the Upper Hunter Section 94A Levy Contributions Plan 2008 and the Fees and Charges Schedule 1 July 2008 to 30 June 2009 to comply with the Ministerial Direction issued under section 94E of the Environmental Planning and Assessment Act 1979. BACKGROUND: The Upper Hunter Section 94A Levy Contributions Plan was adopted by Council on 28 April 2008 and became effective on 1 July 2008. The plan is inconsistent with a Direction issued by the Minister for Planning, limiting the maximum percentage of levy for developments valued between $100,001 and $200,000 to 0.5%. Council’s current Plan sets a 1% levy for this category of development. Some minor changes to wording in the current Plan are also required to clarify that single residential dwellings valued at over $200,000 are also subject to the levy. ISSUES:

• The Plan authorises Council to impose a condition of development consent requiring the payment of a levy, based on the value of the development.

• The amount of the levy cannot exceed that specified by the Minister in a Direction under Section 94E of the Environmental Planning and Assessment Act 1979.

• A Direction may be issued by the Minister at any time, requiring amendment of all Section 94A Levy Contributions Plans.

SUSTAINABILITY: Contributions collected under the plan will be directed to the provision of public facilities benefiting the community. OPTIONS: Council may adopt the maximum levy permissible under the current Ministerial Direction or choose to impose a lesser amount. FINANCIAL CONSIDERATIONS: Costs associated with preparation and review of the Plan can be reimbursed from contributions collected. RESOLVED that Council amend the Upper Hunter Section 94A Levy Contributions Plan 2008 and the Fees and Charges Schedule 1 July 2008 to 30 June 2009 to comply with the Ministerial Direction issued under section 94E of the Environmental Planning and Assessment Act 1979.

Moved: Cr E Cottle Seconded: Cr E Bates CARRIED

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Page 6 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

QUESTIONS WITHOUT NOTICE Cr L Parsons: Gravel laying on footpath

Advised Council that a lot of gravel is laying on the footpath side of the kerb and guttering at 1 McKenzie Street, Aberdeen, and requested that it be removed. The Director Technical Services advised that this would be taken on notice and will instruct staff to deal with the matter.

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Page 7 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

COMMITTEE/DELEGATES REPORTS Section: COMMITTEE/DELEGATES

C.7.1 FINANCE COMMITTEE Council: 28 July 2008 RECOMMENDATION: That the recommendations of the Finance Committee as circulated be adopted. BACKGROUND: The Finance Committee meeting has been called for Friday, 25 July 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. RESOLVED that Council: F.7.1 Note the financial report for the period;

Moved: Cr P Hodges Seconded: Cr L Watts CARRIED F.7.2 Note the comments on the budget variations by managers. Vote the funds requested and note the source of funds, as detailed by the managers;

Moved: Cr P Hodges Seconded: Cr L Parsons CARRIED

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Page 8 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

Section: COMMITTEES/DELEGATES REP293/08 C.7.2 DEVELOPMENT AND ENVIRONMENTAL SERVICES COMMITTEE Council: 28 July 2008 RECOMMENDATION: That: 1. the minutes of the Development and Environmental Services Committee meeting held on 8 July

2008 be noted; 2. In relation to:

2.1 Item 7.1- Review of Determination for DA 274/08 Illuminated Sign – 122 Kelly Street Scone • That the illuminated upper fascia sign be approved.

2.2 Item 7.2 – DA 9/08 Duplex and Associated Works • that DA 9/08 be approved subject to conditions of consent (including conditions

regarding the fences) 2.3 Item 7.3 Building and Development Control – Policy – Sheds and Garages in

Residential Areas • That the policy be amended to provide greater clarification in relation to the shed

size (three bay garages and example diagram). • That the policy be amended to prevent the construction of zincalume clad sheds in

residential areas. • that subject to the amendments the Policy – Sheds and Garages in Residential

Areas be placed on public exhibition for a period of 28 days. 2.4 Item 7.4 Walfertan Processors Pty Ltd

• That the action be noted. BACKGROUND: The Development and Environmental Services Committee met on 10 June 2008. Council was presented by Councillors: P Hodges (Chairperson), D Peebles, L Watts and J Scriven, Mr B Heise Acting Director Environmental Services and P Smith, Senior Environmental Officer ISSUES: Refer to minutes. SUSTAINABILITY: Appropriate development assessment for applications is required under the Environmental Planning and Assessment Act and includes consideration of sustainability in a variety of forms. OPTIONS: To agree with the recommendations of the committee and propose an alternate recommendation. FINANCIAL CONSIDERATIONS: Nil RESOLVED that: 1. the minutes of the Development and Environmental Services Committee meeting held on

8 July 2008 be noted; 2. In relation to:

2.1 Item 7.1- Review of Determination for DA 274/08 Illuminated Sign – 122 Kelly Street Scone • That the illuminated upper fascia sign be approved.

2.2 Item 7.2 – DA 9/08 Duplex and Associated Works • that DA 9/08 be approved subject to conditions of consent (including

conditions regarding the fences)

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Page 9 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

2.3 Item 7.3 Building and Development Control – Policy – Sheds and Garages in Residential Areas • That the policy be amended to provide greater clarification in relation to the

shed size (three bay garages and example diagram). • That the policy be amended to prevent the construction of zincalume clad

sheds in residential areas. • that subject to the amendments the Policy – Sheds and Garages in

Residential Areas be placed on public exhibition for a period of 28 days. 2.4 Item 7.4 Walfertan Processors Pty Ltd

• That the action be noted.

Moved: Cr P Hodges Seconded: Cr L Parsons CARRIED

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Page 10 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

ATTACHMENT 1

Minutes of the Development and Environmental Services Committee Meeting 8 July 2008 – Upper Hunter Shire Council Chambers - Scone

Present: Council was represented by Councillors: P Hodges (Chairperson), D Peebles, Lee Watts and J Scriven. In Attendance: Mr B Heise Acting Director Environmental Services and Mr P Smith Senior Environmental Officer Apologies: Nil Absent: Nil Declaration of Interest: Nil Agenda Items Item 7.1 DA 274/07 Illuminated Sign – 122 Kelly Street Scone Community Participants: Angus Patterson Issues • The illuminated sign does not comply with the Development Control Plan – Kelly Street • Many of the other businesses have upper fascia signs • The Committee felt that the sign did not have a detrimental impact on the streetscape. Recommendation: The Committee recommended that the illuminated upper fascia sign be approved. Moved: Cr Scriven Seconded: Cr Watts CARRIED Item 7.2 – DA 9/08 Duplex and Associated Work – 10 Gundebri Street Aberdeen Community Participants: Nil Issues • The legal advice obtained by Council suggests that there is not a strong case for refusal (see

attached Planners Report for details) • The applicant has made an effort to address concerns raised by neighbours by the construction of

replacement boundary fences. • An appropriate condition of consent with be included that requires the inclusion of up to 1.8 metre

boundary fences. Recommendation The Committee recommended that DA 9/08 be approved subject to conditions of consent (including conditions regarding the fences) Moved: Cr Scriven Seconded: Cr Peebles CARRIED Item 7.3 Building and Development Control – Policy – Sheds and Garages in Residential Areas Community Participants: Nil Issues • The policy needs to clarify the size of the shed by giving examples and a diagram (eg a three bay

garage). This only includes the enclosed area – car ports are not included. • The policy should be extended to cover not allowing zincalume exterior cladding materials to be

used. Recommendation The Committee recommended that subject to minor amendments the Policy – Sheds and Garages in Residential Areas be placed on public exhibition for a period of 28 days. Moved: Cr Hodges Seconded: Cr Watts CARRIED

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Page 11 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

Item 7.4 – Walfertan Processors Pty Ltd Issues

• The Acting Director Environmental Services notified the Committee that Walfertan Processors Pty Ltd has lodged appeals before the Land and Environment Court over Council’s deemed refusal of its applications for modifications to the wastewater disposal system at the Aberdeen Tannery.

• Two appeals have been lodged relating to the different parcels of land involved. • A call-over before the Court is scheduled for 1 August 2008. • Council’s Solicitors are preparing the necessary documents.

Recommendation That the action be noted. Moved: Cr Hodges Seconded: Cr Peebles CARRIED

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Page 12 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

Section: Committee/Delegates Reports REP294/08

C.7.3 WORKS AND TECHNICAL SERVICES COMMITTEE Council: 28 July 2008 RECOMMENDATION: That Council: 1. Adopt the minutes of the meeting held on 8 July 2008 2. Note the capital works program update. 3. Note the progress towards the calling of tenders for the Scone-Aberdeen Water Augmentation –

Glenbawn Pipeline And Balance Tank 4. a. Explore a final appeals channel with the Member for Hunter, Hon. J Fitzgibbon, in relation

to Murrurundi Effluent Reuse Scheme Community Water Grant being reinstated. b. Proceed to fund the project from Murrurundi sewer restricted assets if the appeal is

unsuccessful. BACKGROUND: The Works and Technical Services Committee meeting was held ion Tuesday 8 July 2008, Staff in attendance were Mr B Spannagle (Director Technical Services), Mr S Holaafalou (Manager Water), Mr Steve (Manager Engineering Operations), Mrs C Pinkerton (Manager Technical Support). ISSUES: 1. Minutes of Meeting held 8 July 2008 2. Update on capital works projects 3. Scone-Aberdeen Water Augmentation – Glenbawn Pipeline And Balance Tank 4. Murrurundi effluent water reuse scheme SUSTAINABILITY: As detailed in minutes OPTIONS: To adopt, amend or reject the recommendations FINANCIAL CONSIDERATIONS: As detailed in minutes RESOLVED that Council: 1. Adopt the minutes of the meeting held on 8 July 2008 2. Note the capital works program update. 3. Note the progress towards the calling of tenders for the Scone-Aberdeen Water

Augmentation – Glenbawn Pipeline And Balance Tank 4. a. Explore a final appeals channel with the Member for Hunter, Hon. J Fitzgibbon, in

relation to Murrurundi Effluent Reuse Scheme Community Water Grant being reinstated. c. Proceed to fund the project from Murrurundi sewer restricted assets if the appeal is

unsuccessful.

Moved: Cr E Bates Seconded: Cr P Hodges CARRIED

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Page 13 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

ATTACHMENT 1 MINUTES OF THE WORKS AND TECHNICAL SERVICES COMMITTEE HELD ON TUESDAY 8 JULY 2008 COMMENCING AT 2.00PM IN THE COUNCIL CHAMBERS, LIVERPOOL STREET, SCONE

PRESENT: Cr E Bates (Chair), Cr N Doonan, Cr P Hodges IN ATTENDANCE: Mr B Spannagle (Director Technical Services), Mr S Holaafalou (Manager Water), Mr Steve (Manager Engineering Operations), Mrs C Pinkerton (Manager Technical Support) APOLOGIES RECOMMENDED that the apology received from Cr Cottle for non attendance be accepted. MOVED: P Hodges SECONDED: N Doonan MOTION CARRIED DECLARATION OF INTEREST Nil. 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. The final report for the 2007/08 financial year is also attached. ISSUES: Nil OPTIONS: N/A FINANCIAL CONSIDERATIONS: All works have been budgeted for in accordance with the Management Plan 2008/09 RECOMMENDED that the capital works program update be noted. MOVED: N Doonan SECONDED: P Hodges MOTION CARRIED

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Page 14 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

3.2 SCONE-ABERDEEN WATER AUGMENTATION – GLENBAWN PIPELINE AND BALANCE TANK.

BACKGROUND: Council, at the October 2007 meeting, resolved to apply for permission to call tenders for the water augmentation works when the required due diligence activities were concluded. These due diligence activities included: 1. Proposed procurement strategy 2. Review the detailed design, capacity and backlog component 3. Provision of detailed pre-construction estimates 4. Demonstrate that all regulatory, environmental and statutory approvals have been obtained. 5. Demonstrate evidence of community support for the schemes 6. Implementation plan and construction management program ISSUES: The due diligence activities are complete and a submission detailing the above strategies and programs has been forwarded to the Department of Water and Energy seeking stage two approval to call tenders. This submission will now be forwarded to the State Government’s Country Town’s Water & Sewerage Schemes Subsidy Review Board for determination of the percentage subsidy toward the project. Following this determination, approval will be granted for Council to proceed to tender. It is anticipated that tenders will be called in August of the pipeline, pumping station and ancillary works with the tender being awarded in October. The tender for the design and construction of the balance tank will be called in October. SUSTAINABILITY: Not applicable OPTIONS: To note this progress report or seek further details FINANCIAL CONSIDERATIONS: Council’s Management Plan shows the 2008/09 expenditure on this project is estimated at $16,000,000 followed by $6,500,000 in 2009/10. RECOMMENDED that the Committee note the progress towards the calling of tenders for these projects. MOVED: N Doonan SECONDED: P Hodges MOTION CARRIED 3.3 MURRURUNDI EFFLUENT REUSE SCHEME BACKGROUND: The Effluent Reuse Project was developed by Council to provide irrigation supply to the Rosedale Sports Complex by effluent reuse from the Murrurundi Wastewater Treatment Plant rather than simply discharging to the Pages River. The project originally received grant funding of $45,000 from the Federal Government Community Water Fund under the Liberal Government. ISSUES: Management of the project has been affected by key staff resignation within the Water/Waste Division. Extensions have previously been sought for this project from the grant authority and a letter of appeal was forwarded to Community Water Grants in May outlining Council’s reasons for the delay including: • The departure of professional staff that subsequently took some time to replace • The skills shortage is common throughout the engineering industry • Council had circumstances arise that were beyond its control with its consultant, Local

Government Engineering Services who were unable to deliver the design within the agreed timeframe.

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Page 15 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

Council has subsequently been advised that our appeal was unsuccessful and as such the grant is no longer available and all unexpended funds are to be reinstated to the Government within 30 days. SUSTAINABILITY: Effluent reuse provides an alternate water source and reduces the impact on the existing river catchment and the environment. Murrurundi Effluent Reuse Scheme is a sustainable project that will deliver significant environmental benefits and provide benefits to the Murrurundi community. OPTIONS: To note this progress report.

• Council can defer project pending further funding. • Council can proceed and fund project itself.

FINANCIAL CONSIDERATIONS: Return of Australian Community Water Grant funding $45,454. If project proceeds extra $45,454 from restricted assets. RECOMMENDED that Council: 1. Explore a final appeals channel with the Member for Hunter, Hon. J Fitzgibbon, in

relation to this grant being reinstated to Council. If such appeal is unsuccessful, Mr Fitzgibbon be requested to give reasons for such actions

2. Proceed to fund the project from Murrurundi sewer restricted assets if the appeal is unsuccessful

MOVED: N Doonan SECONDED: P Hodges MOTION CARRIED There being no further business the meeting closed at 3.00pm

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Page 16 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

Section: COMMITTEES/DELEGATES REP 297/08

C.7.4 FLOODPLAIN MANAGEMENT COMMITTEE Council: 28 July 2008 RECOMMENDATION: That

1 Council note the Minutes of the Floodplain Management Committee meeting held on 8 July 2008.

2 That Development Application No. 104/08 be approved subject to standard conditions of consent.

BACKGROUND: The Floodplain Management Committee met on 13 November, 2007. Council was represented by Councillors’ P Hodges (Chairperson), D Peebles, J Scriven. Other committee members present was Mr B Heise, Acting Director Environmental Services, P Smith Senior Environmental Officer, was in attendance as were Mr I Jackson (Department of Environment and Climate Change) and L Driscoll (Community Member). Cr L Watts was an apology and A Davidson was absent. The Committee had four items on the agenda. ISSUES: Refer to minutes attached. OPTIONS: To agree with the recommendations of the Committee or to amend them. FINANCIAL CONSIDERATIONS: Nil RESOLVED that

1 Council note the Minutes of the Floodplain Management Committee meeting held on 8 July 2008.

2 That Development Application No. 104/08 be approved subject to standard conditions of consent.

Moved: Cr D Peebles Seconded: Cr J Scriven CARRIED

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Page 17 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

ATTACHMENT 1

MINUTES OF THE FLOODPLAIN MANAGEMENT COMMITTEE MEETING

13 November 2007 – UPPER HUNTER SHIRE COUNCIL CHAMBERS - SCONE Present: Councillors’ P Hodges (Chairperson), D Peebles, J Scriven, B Heise, Acting Director Environmental Services, P Smith Senior Environmental Officer, I Jackson (Department of Environment and Climate Change) and L Driscoll (Community Member). Apologies: Cr L Watts Absent: A Davidson Declaration of Interest: Nil The meeting was held in the Scone Office at 11.00 am. Agenda Items Item 7.1 Development Application No 104/08 – Dwelling Middlebrook Road (Hinde) Issues • Development is not consistent with the Development Control Plan – Flood Prone Land for the high

hazard flood zone • The development is for a replacement dwelling • J F Berthon provided certification of the structural adequacy of the building and the suitability of

flood proofing measures for the site. Recommendation The Committee recommended that Development Application No. 104/08 be approved subject to standard conditions of consent. Moved: Cr Scriven Seconded: Cr Peebles CARRIED Item 7.2 Review of Murrurundi and Scone Floodplain Management Plans Issues

• Consultant has undertaken a scoping study to identify deficiencies in the existing plans Item 7.3 Review of Aberdeen Flood Study Issues

• There have been discussions about collaborating with Muswellbrook Council • The consultant is awaiting aerial photograph survey for the Muswellbrook area

Item 7.4 Department of Environment and Climate Change Report (Ian Jackson) Issues

• New funding application is currently being assessment and awaits Ministerial approval. Next Meeting to be advised. Meeting closed 1.00 pm.

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Page 18 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

Section: COMMITTEES/DELEGATES RE P302/08

C.7.5 MURRURUNDI & DISTRICT HISTORICAL SOCIETY Council: 28 July 2008 RECOMMENDATION: That Council note the minutes of the general meeting held 17 June 2008. BACKGROUND: The Committee meets every second month. Minutes are included as attachment 1. ISSUES: As outlined in the minutes. SUSTAINABILITY: Not applicable. OPTIONS: Nil. FINANCIAL CONSIDERATIONS: Nil. RESOLVED that Council note the minutes of the general meeting held 17 June 2008.

Moved: Cr L Watts Seconded: Cr D Peebles CARRIED

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Page 19 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

ATTACHMENT 1

MINUTES OF THE MURRURUNDI & DISTRICT HISTORICAL SOCIETY, GENERAL MEETING

HELD AT THE MUSEUM, MAYNE ST,MURRURUNDI 2338 TUESDAY 17TH JUNE 2008 commencing at 2.22pm.

1.0 MEMBERS: Mrs. Patricia Paton, Mrs. Gwen Alchin, Peter Norvill, Barbara Riddell (minutes)

2.0 IN ATTENDANCE: Mrs. Heather Ranclaud

3.0 APOLOGIES: Mrs. Caroline Farrow, Mrs. Carmel Hughes, Mrs. Zina Daniel

4.0 ABSENT: Mr. Phillip Mitchell

5.0 DECLARATION OF INTEREST: Nil

6.0 MINUTES OF THE PREVIOUS MEEETING:

Motion: that the minutes of the last meeting are correct

Moved B. Riddell seconded P. Paton carried

7.0 BUSINESS ARISING:

September exhibition to be discussed as General Business,

Note:

1. Heather to follow up with C. Farrow and Steve Prior re carpet payments.

2. H. Ranclaud to follow up re connection of electricity in Church Hall.

8.0 CORRESPONDENCE:

IN: Email from Ernest Newman re Robert & Agnes Mathieson Letter from Ivor Smith $20 Email from Christine Unett re E. Bartley died 1922 Invitation to Muswellbrook History 50h anniversary 15th June, 10.30 to 3 pm Questionnaire from Charles Sturt University re Itinerant Workers 1850-1915

Photograph from Mrs. Jean Hale, Faulconbridge of Mdi from Pangela 1956 Email from Steve Webster re Webster family Email from Coral Gibson re Avard family M&G survey 2008 $ info. For M&G small grants application form by 17 October Museums & Galleries info. Planning & Development Display National Library News May 2008 $30 donation from Carl Watson, 15 Ivanhoe St, Ingleburn 2565 Info. From Amelia Hohnen, Community Grants Officer, Upper Hunter Shire Council UHSC nomination information for Young Endeavour Scheme 2008 Journal Royal Australian Historical Society June 2008 History, Magazine of the RHAS June 2008 Email requesting information from Fred Widdis re Warrah Shire, ph, 67471725 Invitation to Jean Teys 100th Birthday 15th May 2008 Invitation for Muswellbrook History 50th celebration Sunday 15th June 2008 Email from Amanda Mackie re information Hebblewhite Collection. National library June 2008 OUT: Receipt to Mr. Ivor Smith Reply to Unett, no trace Note of Thanks to Mrs. Hale Return completed M&G Survey

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Page 20 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

Return of completed questionnaire to Charles Sturt University Receipt $30 to C. Watson Actions taken. P. Paton attended Mrs. Jean Teys 100th birthday celebration as Historical Society’s representative. P. Paton and B. Riddell attended the Muswellbrook Historical Society’s 50th anniversary held at Skellatar House. M’Brook and presented a most interesting new display of technical dressmaking drafting etc. for public viewing. Motion: That the correspondence be accepted as read Moved: G. Alchin seconded: B. Riddell carried

9.0 TREASURER’S REPORT:

In the absence of the treasurer the report was read by B. Riddell. Balance as at

8.6.2008 $761.00. Accounts to be paid: Reimbursement to B. Riddell printer $49.00,

Petrol to Muswellbrook 15.6.2008 $10; 4 flat folders $2.98, 2 key holders $5.50 Total

$67.50

Motion: That accounts be paid

Moved P. Norvill seconded G. Alchin carried

10.0 COTTAGE REPORT: Last market day was most successful and pleasing with 4 overseas visitors who gave much praise to the cottage. The shire team with Craig Holman in charge has attended to much needed repairs, including handrails, hole in roof that has allowed rainwater to come in and damage items and awning on the stables. Sue Talbot has kindly volunteered to keep the garden looking neat and tidy. Sales of tea towels have been good and there is $4,272,61 in account. Motion: that Cottage Report be accepted

Moved: G. Alchin seconded B. Riddell carried

11.0 GENERAL BUSINESS: 11.1 P Paton donation: P. Paton is donating her dressmaking Technical College Course and her Willow Tree School register of children who were taught dressmaking by her in the 1960’s, an Aladdin lamp that had been a wedding present, an adding machine, movie projector and camera.

Motion: That these donations be accepted

moved B. Riddell seconded P. Norvill carried

11.2 P Norvill donation: Peter Norvill has made a copy of the George Nethery Motion: That the tape be indexed and Leslie Wand be asked to put on CD rom. Moved B. Riddell seconded P. Norvill carried Motion: That P. Norvill burn the information that he is gathering re local history on to C.D’s for the Societies records. Moved: B. Riddell seconded G. Alchin carried

11.2 History Week Exhibition Opening Sunday 7th September 2008 at 2 pm. a) To be called “A Big Undertaking Continued”. The church hall will be the permanent location for the exhibition that has some additions since the original exhibition in 2001. b) Invite Mayor Barry Rose to officially open the exhibition. c) Request CWA ladies to provide afternoon tea to be served in Museum building. Cottage has offered to pay for catering. d) Invite Murratones to provide entertainment at opening. Contact Heather Ranclaud

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Page 21 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

e) Send Official invitation to Mr. McRae and the Nichol family who have contributed to extra exhibits. f) See Lesley Wand re possibility of slide show of shale mine. g) 50 copies of booklet to be made. Covers to be bought, strong 2 hole punch bought h) Advertise through ABC, Scone Advocate, Don Porter Qdi Advocate, Newcastle Herald, NBC Community News.

Motion: That work proceed as listed

moved G. Alchin seconded P. Norvill carried

The next meeting to be held 19th August at 2 pm.

The meeting closed at 3.55 pm

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Page 22 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

Section: COMMITTEES / DELEGATES REP 304 /08

C.7.6 MURRURUNDI YOUTH PROJECT COMMITTEE Council: 28 July 2008 RECOMMENDATION: That Council note the minutes of the meeting held 16 June 2008.

BACKGROUND: The Youth Centre Committee holds regular meetings to attend to matters arising at the Youth Centre in Murrurundi. The minutes of the meetings are included as Attachment 1. There were no recommendations to Council. ISSUES: As noted in the minutes SUSTAINABILITY: Not applicable. OPTIONS: Nil. FINANCIAL CONSIDERATIONS: Nil. RESOLVED that Council note the minutes of the meeting held 16 June 2008.

Moved: Cr L Watts Seconded: Cr P Hodges CARRIED

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Page 23 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

ATTACHMENT 1

MINUTES OF THE MURRURUNDI YOUTH PROJECT COMMITTEE MEETING HELD IN THE MURRURUNDI YOUTH AND COMMUNITY CENTRE, ON MONDAY 16 JUNE

COMMENCING AT 5PM.

1.0 PRESENT: Mr Robert Paton (Chair), Cr Barry Rose,

Ms Jane Boyle (UH Youth Development Officer),

2.0 IN ATTENDANCE: Mrs Heather Ranclaud (minutes), 3.0 APOLOGIES: Cr Nat Doonan, 4.0 ABSENT: Const Mick Power, Ms Kate McDonald, Ms Jo Hunt (Youth Worker)

Miss Tess Hynes (Youth Worker Assistant). 5.0 DECLARATION OF INTEREST: Nil declared 6.0 CONFIRMATION OF MINUTES

Motion: That the minutes of the MURRURUNDI YOUTH PROJECT COMMITTEE

meeting held on 19 May 2008 be adopted as an accurate record of the meeting.

Moved: Jane Boyle Seconded: Bob Paton CARRIED

7.0 BUSINESS ARISING FROM MINUTES

6.1 King of the Ranges: A donation has been received from the King of the Ranges Committee. 6.2 Murra Youth Committee: At the May meeting the Committee agreed to support the proposal for new street banners in Murrurundi to be developed by the Murra Youth Committee before progressing the Church Hall theatre project. A business paper was prepared for the May Council meeting where it was agreed that Council: 1. Support the Murra Youth’s ideas to establish seasonal banners in principle. 2. Provide free computer use and printing under the guidance of Miss Tess Hynes who will be mentoring the youth. 3. Provide assistance with funding for the banners to the value of $350. The Community Services Officer will follow up with Tess Hynes and Kate McDonald to progress the project. 6.3 External Lighting: an electrician has been contacted to provide a quote for this work. 6.4 Low numbers in Junior Sessions: at the May meeting there was discussion about the low junior numbers. It was agreed to gauge possible interest in golf coaching as part of the annual survey of young people. The Community Services Officer reported that numbers are increasing in junior sessions.

8.0 UPPER HUNTER YOUTH DEVELOPMENT OFFICER:

Jane Boyle provided a report on the recent Regional Youth Development Officers Network (RYDON) conference, which was attended by three Upper Hunter Youth Workers, Jo Hunt, Justine Witney and Kylie Free. RYDON covers the region from Taree to the Central Coast and meets monthly. The annual conference is the highlight of the year, with workshops this year on issues including: working with gay and lesbian young people, homelessness, youth suicide, HIV/AIDS and the “STOMP” festival. The conference provided an opportunity to make contacts which would be useful if referrals were needed to other service providers. Note: Jane Boyle will follow up to secure a DVD of the “STOMP” festival.

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Page 24 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

The Community Services Officer reported that the RYDON conference was followed by service visits in Newcastle as part of the Certificate IV in Youth Work TAFE course.

8.0 BUDGET The budget as tabled was discussed:

o No changes are expected for end of year estimates o The increasing cost of transport could be an issue in the future Motion: that the budget as tabled be accepted Moved: Cr Rose Seconded: Bob Paton CARRIED

9.0 GENERAL BUSINESS

9.1 Staff Continuity: Bob Paton asked that the Committee notes the good job which continues to be done by current Youth Workers and that it is good to see the same Youth Workers at MYC for a number of years. In addition the strong pool of casuals helps to maintain the service. 9.2 Card to Cr Doonan: It was agreed to send a sympathy card to Cr Doonan following the recent loss in his family. 9.3 Next UH Youth Network Meeting:

Jane Boyle reported that the next Network meeting will be held on Tuesday 1 July at 10.30am.

10.0 DATE OF NEXT MEETING

The next meeting will be held Monday 18 August 2008. The Chairman closed the meeting at 5.30pm.

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Page 25 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

__________________________________________________________________________________ Section: COMMITTEE/DELEGATES

C.7.8 TRAFFIC COMMITTEE Council: 28 July 2008 RECOMMENDATION: That Council:

1. Note the minutes of the Upper Hunter Traffic Committee. 2. Allan Cunningham Road – Speed Zone

Retain the existing speed zone on Allan Cunningham Road. 3. Bus Rail Interchange - Scone

- Upgrade the facilities at the bus rail interchange by providing a raised platform and undertaking improvements to security lighting at an estimated cost of $7,000. - Undertake minor pavement widening and linemarking to maximise available parking space. - Retain the existing ‘parallel parking zone’ adjacent to the National Bank in Liverpool Street Scone for general parking. - Request local bus operators to utilise the bus rail interchange as a pick-up/drop-off point and - Request for a bus zone adjacent to 206 Kelly Street be refused.

4. St Mary’s School – Waverley Street - Defer the matter to the next meeting.

BACKGROUND: A meeting for the Upper Hunter Traffic Committee was held 10 July 2008. Council was represented by Cr E Bates. In attendance was Cr P Hodges and J Bush. ISSUES:

1. Allan Cunningham Road – Speed Zone 2. Bus Rail Interchange – Scone 3. St Mary’s School – Waverley Street

SUSTAINABILITY: Not applicable OPTIONS: To adopt or reject the Committee’s recommendations FINANCIAL CONSIDERATIONS: Nil RESOLVED that Council:

1. Note the minutes of the Upper Hunter Traffic Committee. 2. Allan Cunningham Road – Speed Zone

Retain the existing speed zone on Allan Cunningham Road. 3. Bus Rail Interchange - Scone

- Upgrade the facilities at the bus rail interchange by providing a raised platform and undertaking improvements to security lighting at an estimated cost of $7,000.

- Undertake minor pavement widening and linemarking to maximise available parking space.

- Retain the existing ‘parallel parking zone’ adjacent to the National Bank in Liverpool Street Scone for general parking.

- Request local bus operators to utilise the bus rail interchange as a pick-up/drop-off point and

- Request for a bus zone adjacent to 206 Kelly Street be refused. 4. St Mary’s School – Waverley Street

- Defer the matter to the next meeting.

Moved: Cr E Bates Seconded: Cr L Parsons CARRIED

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Page 26 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

MINUTES OF THE UPPER HUNTER TRAFFIC COMMITTEE HELD ON THURSDAY 10 JULY 2008 COMMENCING AT 10.30AM IN THE COUNCIL CHAMBERS, MAIN STREET, SCONE

PRESENT:

Cr E Bates (Chairman), I Jenkins (RTA),

IN ATTENDANCE:

Cr P Hodges, J Bush (Manager Civil Assets)

APOLOGIES:

G Guiana (Police), B Ackerman (Police)

ADOPTION OF MINUTES:

RESOLVED that the minutes of the meeting held on 12 June 2008 be adopted.

Moved: I Jenkins Seconded: Cr E Bates MOTION CARRIED

BUSINESS ARISING FROM PREVIOUS MINUTES:

Nil 7.1 ALLAN CUNNINGHAM ROAD – SPEED ZONE BACKGROUND: Council has received a request from a resident for a reduction of the speed limit on Allan Cunningham Road. The request is to reduce the speed limit from 100km/h to at least 60km/h. It is stated that the road has residential properties and a reduction in the speed limit would enhance safety. ISSUES: Allan Cunningham Road is a sealed rural road with moderately low traffic volume. A vehicle classifier (counter) was previously installed for a period of two weeks and current survey data indicates that the average daily volume is up to 100 vehicles with approximately 95% of these classed as light vehicles. The existing speed zones in the immediate area are shown on the attached plan. Speed limits must have a relationship to roadside development, pedestrian generation and road geometry. They have to be practical for the environment they are in and hence the introduction of a 60km/h limit may not be appropriate at this location. SUSTAINABILITY: NA OPTIONS: To accept or amend the recommendation. FINANCIAL CONSIDERATIONS: NA RESOLVED that the existing speed zone on Allan Cunningham Road be retained. Moved: I Jenkins Seconded: Cr E Bates MOTION CARRIED

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Page 27 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

7.2 BUS RAIL INTERCHANGE - SCONE BACKGROUND: At Council’s meeting of 26 May 2008 it was recommended that the issue of buses picking up and dropping off passengers in the CBD of Scone and the non use of the bus rail interchange at the Scone Railway Station be referred to the Traffic Committee for comment. An additional request to provide a bus parking zone in Kelly Street adjacent to the Transcare building (Upper Hunter Community Care) has also been received. ISSUES: Local bus services are continuing to pick-up and drop-off in Liverpool Street, (adjacent to the National Bank) although the designated bus zone was removed and reinstated for general parking. A service operating from Muswellbrook departs Scone at 7.30am and 5.00pm each day from this site. An additional monthly service for senior citizens is available which picks up at 9.30am and drops off at 3.00pm. Interstate coach services to Brisbane depart at 7.15pm and to Sydney at 6.15am on a daily basis from Kelly Street (opposite Harvey World Travel). Observations over a period of time indicate that when buses pick up in Liverpool Street, cars are double parking. Buses are required to adhere to the same parking laws as cars and if adequate area for parking is not available they have to move on. The situation in this precinct at times is adhoc and unsafe to motorists, passengers and pedestrians. To improve elderly and disabled access to buses at the bus rail interchange a platform (approximately 300mm high) is to be constructed at an estimated cost of $7,000. Most buses are high floor and providing a raised platform will improve passenger boarding and alighting. Passengers will access the raised platform via a low gradient ramp. With the imminent upgrade of Kelly/Liverpool and Main/Liverpool Street intersections it would be inappropriate to make any changes to the existing parking arrangement. Bus companies will be further encouraged to utilise the facilities provided at the interchange. Having a centralised area for pick-up and drop-off enhances security for all passengers. SUSTAINABILITY: N/A OPTIONS: To accept or amend the recommendation. FINANCIAL CONSIDERATIONS: N/A RESOLVED that

• Facilities be upgraded at the bus rail interchange by providing a raised platform and undertaking improvements to security lighting at an estimated cost of $7,000.

• Undertake minor pavement widening and linemarking to maximize available parking space. • the existing “parallel parking zone” adjacent to the National Bank in Liverpool Street Scone be

retained for general parking. • local bus operators be requested to utilise the bus rail interchange as a pick-up/drop-off point

and • the request for a bus zone adjacent to 206 Kelly Street be refused.

Moved: I Jenkins Seconded: Cr E Bates MOTION CARRIED

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Page 28 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

7.3 ST MARY’S SCHOOL – WAVERLY STREET BACKGROUND: Site inspection of the traffic movements in Waverly Street, Scone is to be undertaken during the meeting. ISSUES: • School zone • Bus movements • Traffic movements SUSTAINABILITY: N/A OPTIONS: To accept or amend the recommendation. FINANCIAL CONSIDERATIONS: N/A RESOLVED that the matter be deferred to the next meeting. Moved: Cr E Bates Seconded: I Jenkins MOTION CARRIED

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Page 29 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

Section: CCOMMITTEES/DELEGATES REP314/08

C.7.9 COMMUNITY DEVELOPMENT COMMITTEE Council: 28 July 2008 RECOMMENDATION: That Council note the minutes of the meeting. BACKGROUND: A meeting of the Upper Hunter Shire Community Development Committee was held on Tuesday, 24 June 2008. The minutes of the meeting are included as Attachment 1. ISSUES: As outlined in the minutes. SUSTAINABILITY: Not applicable. OPTIONS: To adopt the recommendation or not. FINANCIAL CONSIDERATIONS: Nil. RESOLVED that Council note the minutes of the meeting.

Moved: Cr D Peebles Seconded: Cr E Cottle CARRIED

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Page 30 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

ATTACHMENT 1

Minutes of the meeting of the COMMUNITY DEVELOPMENT COMMITTEE held at 6.40pm on Tuesday, 24 June 2008 at Upper Hunter Shire Council Chambers, Main Street, Scone and via video-

conference in Merriwa and Murrurundi. 1.0 PRESENT: Mr Leo Walsh (Chairperson), Mrs Phoebe Begg, Mrs Marie Laurie,

Mr Stephen Watson, Mrs Cr Lee Watts, Mrs Kate Halliday, Mrs Lorna Driscoll, Mr John Musumeci, Mrs Maria Musumeci, Cr John Scriven. Via video conferencing: Mr Viv Carter, Mrs Maisie Hibbs, Mrs Pat Kirby (7pm), Cr Deirdre Peebles (7pm), Mr Peter Pash.

2.0 IN ATTENDANCE: Mrs Donna Rea, Mrs Heather Ranclaud (via video conference), Mrs

Kate Sommerlad (via video conference (7pm)) 3.0 TECHNICAL ISSUES: Members and public participants introduced themselves and their

location, this allowed a check to see if, video conferencing equipment was working correctly in all venues, all members could hear and see one another.

During the meeting the speaker listed their name and location prior to addressing their point. Participants also acknowledged they are able to hear during the meeting by a not of head during/after a point has been made. Voting on issues during the meeting was made easier by a show of hands. Merriwa were experiencing technical difficulties and did not join the meeting until 7pm.

4.0 APOLOGIES: Ms Judi Scotts, Sgt Andrew Googe, Ms Judith Simos, Sgt Craig Sutton. 5.0 ABSENT: Nil 6.0 DECLARATION OF INTEREST: Nil 7.0 MINUTES OF THE PREVIOUS MEETING:

MOTION: that minutes of the meeting held 23 October 2007, be adopted as a true and accurate record.

MOVED: Mrs M Laurie SECONDED: Cr Lee Watts CARRIED 8.0 BUSINESS ARISING:

8.1 Outcomes of Council Meeting

Council Noted,

• minutes of the CDC meeting held 27 May 2008

• Appointed Mrs Judi Scotts and Mr Peter Pash to the committee.

• Noted the report re - Video Conferencing trial of committee meetings and congratulated the CDC on its efforts with the video conferencing trial within the Department of Local Government.

Cr Watts also advised that council discussed the ambulance service issues in Murrurundi and Substation and energy developments in Aberdeen and Scone.

Cr Watts commented that the recommendation in the report from the video conference trial does not allow for voting of committee meetings via video conference, but did not recognise the value of covering large distances and having representation of the community on committees. The report concluded that a mix of face to face and video conference is best.

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Page 31 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

8.2 Community Plan

The community plan section of Aberdeen was discussed at the meeting. It was recognised that a lot of strategies were completed. Especially roads. Other issues for Aberdeen are; • street lighting in the main street, especially at intersections, • feedback was sought from Council regarding pedestrian island at Valley Fair and

other pedestrian refuges planned. (i.e. McAdams Street, Hall Street and Jefferson Park),

• the corner at Barton’s Newsagency is of concern for residents. It was viewed that the town lacks Youth Services,

• Aberdeen railway is dark and approaches are also dark. Loose gravel is not stable underfoot. Community find it difficult about to read signage in the dark. 10 -15 people using station to catch train. No bus shelters in times when buses are utilised in lieu of train services,

• Aberdeen lacks a “heart” or focal point of community. It is spread out. Suggest precinct planning be investigated as a progressive step forward. CDC may facilitate the gathering of information for a precinct plan to be developed.

8.3 Young Endeavour Scheme

Noted, sponsorship and nominations are currently being sought. Information evenings were held at Scone on 3 June, Aberdeen 4 June, Murrurundi 11 June and Merriwa 12 June. Nominations close 27 June 2008.

8.4 Sub Station Enquires

Noted, Director of Technical Services, Mr Bede Spannagle attended the meeting to discuss sub station with members of the committee.

Mr Spannagle advised that the Scone Substation development will be approved. He advised that Energy Australia have kept Council informed he also advised that a route for the 66k line in Aberdeen has been designed to enable continued growth in these communities so as supply can be provided.

Contact for Energy Australia is Mr Mark Stace, project Development (t) 49510847 (f) 4951 9268 or email [email protected]. Mr Stace will take enquires.

Committee thanked Mr Spannagle for his participation. He left the building at 7:10pm.

9.0 GENERAL BUSINESS:

9.1 New residents Kit Noted, work is progressing on a New Residents Kit for the Upper Hunter Shire. Members were asked to contribute ideas to the types of information that would be useful to include in an information package for new residents. Suggested inclusions; Garbage collection days Contacts for gas, electricity, telephone Visitor Information Centres Neighborhood Centre Schools Sporting areas Website details - Rural web and Council Playgroups Daycare Supermarkets Newspapers and community newsletters Maps Council

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Page 32 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

Emergency services SES Community Technology Centres Transport Local numbers for police stations Special events and festivals

9.2 Festival of the Fleeces report

Noted, the weekend was a big success with a large crowd of locals and tourists attending the different events throughout the Friday and Saturday, after last years wash out the Committee were happy to have a good event. The report was that it was the best for many years and local businesses were pleased with an increase in trading for the day.

9.3 Crime Update

A flyer discussing the reporting of crime and its importance will be developed for the shire; this will be distributed through local newsletters such as the Merriwa Ringer and rates notices. The community of Merriwa will be holding a community meeting regarding crime.

9.4 SBS Digital TV and Radio Broadcasting - Merriwa

Plans are progressing well fro Merriwa who are looking into the self help grants that are available for digital TV and radio using a consult in Orange who believes that Merriwa will be suitable for the grants.

9.5 Turning the Pages Celebration

A celebration for the community for the Local Government Cultural Award will be held Friday 4 July 2008 at 12 noon at the Murrurundi RSL Hall, Mayne Street, Murrurundi.

9.6 Lighting required

It was noted that lighting for Satur Road past Satur shop towards Merriwa needs improving.

9.7 Recycling

Committee members are interested to learn the success of recycling in the Upper Hunter Shire and the impact on the amount of waste returning to landfill. Members were also interested in learning about contamination, the effect this has on recycling and statistics regarding the overall success of project.

9.8 World Youth Day

Mr Walsh advised that 95 visitors from over the world will live and stay in our area as part of World Youth Day. Mr Walsh encouraged participation in local events and asked that hospitality be extended to visitors in our shire, part of the stay will involve these visitors undertaking community service tasks (e.g. tree planting) in our area.

9.9 Virtual Shed Cr Watts advised that the project has been extended. The next event will be held 22 August 2008 6:30pm at Scone RSL Club. The Guest Speaker will be Mr Bill Harrigan (NRL Referee and former police officer). The evening is open to both men and women to attend.

Information and Flyer to be distributed to the community.

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Page 33 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

NEXT MEETING

The next meeting will be held on Tuesday, July 29th 2008 at the Aberdeen Community Hall commencing at 6.30pm.

The Chairperson closed the meeting at 8.02pm.

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Section: COMMITTEES/DELEGATES REP313/08

C.7.10 TIDY TOWNS COMMITTEE NOMINATIONS Council: 28 July 2008 RECOMMENDATION: That Council determine; • The Councillor and an alternate who will act as the Chairperson of the Tidy Towns Committee, • Directors of Technical Services, Environmental Services and Corporate Services nominate relevant

council staff to fill these positions on the committee, • Membership of the committee BACKGROUND: On 26 May 2008, Council adopted a charter for the Tidy Towns Committee (refer to Attachment 1). In June 2008 advertisements were placed seeking nominations. The charter states that the committee will be made up of up to three (3) members representing each of the communities of Aberdeen, Merriwa, Murrurundi and Scone (twelve (12) in total). Membership of the committee is open to all residents, ratepayers and community groups in the Shire. The charter also states that; • a Council employee from each of the areas of Technical Services, Environmental Services and

Community Services be represented on the committee. It is suggested that the Directors of Technical Services, Environmental Services and Corporate Services nominate relevant staff to fill these positions.

• A Councillor and alternate will be appointed to the Committee and will act as the Chairperson. Details of the nominations are included as Attachment 2. ISSUES: Nominations have only been received from members wishing to participate in the working parties in the areas of Aberdeen and Murrurundi. Further advertisements will need to be placed to fill the positions on the committee. SUSTAINABILITY: Not applicable. OPTIONS: To determine the successful nominees or to defer this matter to a future meeting. FINANCIAL CONSIDERATIONS: Nil. RESOLVED that Council determine; • The Councillor and an alternate who will act as the Chairperson of the Tidy Towns

Committee, • Directors of Technical Services, Environmental Services and Corporate Services nominate

relevant council staff to fill these positions on the committee, • Membership of the committee

Moved: Cr L Watts Seconded: Cr D Peebles CARRIED

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Page 35 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

ATTACHMENT 1

Tidy Towns Committee Charter Aim: To form partnerships between Council and the community to keep the Shire looking clean and

tidy and facilitate involvement in Keep Australia Beautiful initiatives. Functions of the Committee: • To establish and co-ordinate sub-committees as required in the communities of the Upper Hunter

Shire to facilitate civic pride in a clean and tidy community and involvement in Keep Australia Beautiful initiatives.

• To work with Council in establishing projects and priorities which provide environmental and/or

aesthetic improvements in the Shire • To facilitate the nomination of communities of the Upper Hunter Shire in the Tidy Towns Awards

Program. • To establish and facilitate an action plan and timetable of approved projects for the Shire. Membership: • Membership of the committee is open to all residents, ratepayers and community groups in the

Shire. • The Committee shall be made up of:

up to three (3) members representing each of the communities of Aberdeen, Merriwa, Murrurundi and Scone (twelve (12) in total).

A Council Technical Services representative, Environmental Services representative and Community Services representative.

A Councillor and alternate will be appointed to the Committee and will act as the Chairperson. • The Committee may elect to establish a sub-committee in each community in the Shire to assist

with the functions of the Committee. • At least two (2) members who represent that community must be present at each sub-committee

meeting. Meetings: • Meeting times and day will be determined by the Committee. • Sub-committee meeting minutes will be presented to the next available Committee meeting. • The Committee minutes will be presented to the next available Council meeting. • Projects and priorities of the Committee are subject to approval by Council. • Committee/sub-committee members will operate under Council’s Volunteer Policy. • From time to time Council may approve committee and sub-committee members to carry out

approved projects for the community on a volunteer basis provided Council is adequately notified of the date, time and nature of the proposed work.

• Council may consider requests by the Committee for budget allocations and provision of

materials for approved projects.

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Page 36 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

Quorum: • The quorum shall consist of at least five (5) members, where at least three (3) out of the four (4)

communities are represented. • A quorum of a sub-committee will exist where at least two (2) members of the Committee who

represent that community are present. Term of the Committee: • The term of the Committee shall be the term of the Council unless Council otherwise determines. Venue: • The Committee shall meet at the Upper Hunter Shire Council Chambers, Main Street, Scone or

as otherwise determined. • The sub-committees shall meet at a venue in their local communities of Aberdeen, Merriwa,

Murrurundi and Scone.

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Page 37 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

ATTACHMENT 2 Nominations received; Aberdeen Diana Daniels Jan Sumner PJ Tickle Heather Watson Murrurundi Dale Flanagan

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Page 38 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

Section: COMMITTEES/DELEGATES

C.7.11 ADVANCING ABERDEEN COMMITTEE Council: 28 July 2008 RECOMMENDATION: That Council: 1. note the minutes of the Advancing Aberdeen Committee meeting held on 14 July 2008. 2. note the Committee’s support for the establishment of a Bendigo Bank branch in Aberdeen. 3. note the excellent application prepared by the Manager Community Services on behalf of the

Aberdeen community.

BACKGROUND: The meeting of the Advancing Aberdeen Committee was held on Monday, 14 July 2008 at the Aberdeen Library. 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 Council: 1. note the minutes of the Advancing Aberdeen Committee meeting held on 14 July 2008. 2. note the Committee’s support for the establishment of a Bendigo Bank branch in Aberdeen. 3. note the excellent application prepared by the Manager Community Services on behalf of the

Aberdeen community.

Moved: Cr L Parsons Seconded: Cr J Scriven CARRIED

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Page 39 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

Minutes of the meeting of the Advancing Aberdeen Committee held on Monday, 14 July 2008 at the Aberdeen Library, commencing at 7.00 pm

1. MEMBERS: Cr Les Parsons (Chairman), Cr John Scriven Myra Bains (representing businesses relying to a substantial extent on tourists and other persons coming to Aberdeen) Helen Murray (representing business operators) Michael Blay (representing hotels, clubs, and accommodation providers) Allison MacKenzie (representing charitable organizations) Margaret Alexander, Dianna Daniels, Kelly Hall, Janet Sumner and Heather Watson (representing the Aberdeen community) Phillip Tickle (representing Aberdeen youth)

2. ALTERNATES: Lorna Driscoll (representing business operators) Les Hall and Fiona Tickle (representing the Aberdeen community)

3. IN ATTENDANCE: Mr Wayne Cossens 4. APOLOGIES:

MOTION: That the apologies be received from John Driscoll and leave of absence granted. Moved: Michael Blay Seconded: Allison MacKenzie CARRIED

AGREED: That Fiona Tickle is the alternate for John Driscoll at this meeting.

5. CONFIRMATION OF MINUTES

MOTION: That the minutes of 16 June 2008 be accepted as an accurate record of the business conducted thereat. Moved: Michael Blay Seconded: Kelly Hall CARRIED

6. BUSINESS ARISING FROM THE MINUTES 6.1. A F Taylor Park

Noted: • Commencement of this project had been postponed pending the recruitment of a works

engineer; and, • The replanting of trees in Fisher St would occur in the near future, subsequent to further

discussions with the resident in the street.

6.2. Historical Pathway and Brochure Noted: • A copy of the draft brochure was tabled; • The map of the historic walk is to be amended; • The brochure is to be printed on off-white paper and brown tones, to provide an “old”

appearance; • The Department of State & Regional Development (DSRD) is still to approve the brochure:

and, • The brochure will be distributed to visitor information centres in neighbouring towns, and

locally for a coin donation.

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Page 40 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

6.3. Upper Hunter Museum of Rural Life Inc Noted: • Council has included a budget allocation of $5000 in 2008/9 on the basis that it will provide

a maximum of 25% or $5000 (from s94 contributions), whichever is the lesser amount, to the Museum Committee towards the cost of developing a business plan for the multi-purpose function centre and rural museum proposal for Aberdeen, and subject to approved funding from other sources for the remainder of the cost of the business plan.

• The Committee will be meeting next week with DSRD to finalise the application for funding.

6.4. Energy Australia: 66kVA Power Lines Noted, the substation is to be placed opposite Gordon St, approximately 100 metres back from the Highway. The power lines are to run along Gordon St and then Blairmore Lane.

6.5. Economic Promotion: Shop Your Way to Vietnam Noted: • Details of sponsorship of the project and advertising arrangements. • Concern that residents had to purchase a copy of The Advocate or The Muswellbrook

Chronicle to obtain an entry form to participate in the competition.

7. GENERAL BUSINESS

7.1. Bendigo Bank MOTION: Recommended that Council note the Committee’s support for the

establishment of a Bendigo Bank branch in Aberdeen. Moved: Kelly Hall Seconded: Janet Sumner CARRIED

7.2. Aberdeen Highland Games Noted: • A very successful day, which was assisted by the good weather. • Concern regarding the entry price and lack of seating. • These issues would be considered at the next Aberdeen Planning Group meeting.

7.3. Keep Australia Beautiful: Aberdeen Tidy Towns Application A copy of the application would be placed on Council’s website. MOTION: Recommended that Council note the excellent application prepared by the

Manager Community Services on behalf of the Aberdeen community. Moved: Janet Sumner Seconded: Michael Blay CARRIED

7.4. River Walk Noted, advice from Cr Scriven that students from St Joesph’s High School would be planting trees in Jefferson Park along the proposed Hunter River walk.

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Page 41 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

7.5. Tree Planting Plan Noted, advice from Cr Scriven that the plan was being prepared and would be included in the Aberdeen Whisper.

7.6. Macqueen St, Sludge in Gutter Noted: • Concern that the sludge would detract from the Tidy Towns application. • Background information regarding the origin of the water. • Cr Parsons to raise this matter with the Works & Technical Services Committee.

7.7. Aberdeen Tidy Towns Committee Noted, expressions of interest in joining this committee from Dianna Daniels, Janet Sumner, Heather Watson and PJ Tickle would be forwarded to the Manager Community Services.

7.8. Frog’s Hollow Noted: • Advice that the area between the railway line and the highway had formed dam; • Requests to Council to have the area cleaned up, had not been responded to; and, • Cr Scriven to raise this matter with the Director Technical Services.

8. NEXT MEETING 7.00 pm on Monday, 11 August 2008

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Page 42 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

DEVELOPMENT Section: DEVELOPMENT Report 288/08

D.7.1 HERITAGE STRATEGY ANNUAL REPORT 2007/08 Council: 28 July 2008 RECOMMENDATION: That the Heritage Strategy Annual Report 2007/08 be noted. BACKGROUND: Council is required to submit a Heritage Strategy Annual Report to the Department of Planning as a requirement of the heritage advisor program funding. The report must be submitted in a standardised template prepared by the Heritage Branch, addressing the implementation of Council’s Heritage Strategy for 2006/07 to 2007/08. The report for 2007/08 was prepared by Council’s Heritage Advisor and has been submitted to the Department. A full copy of the report is provided under separate cover. ISSUES:

• The Heritage Advisor has continued to provide a valuable service to the community over the past 12 months.

• The report on the implementation of the Council’s Heritage Strategy outlines the main areas of activity for the year.

• Included in the past year was completion of Stage 1 the Community Based Heritage Study. Further stages of work in this project have been deferred until Council has considered the value and implications of listing the large number of properties likely to be identified as having heritage significance.

• The Heritage Advisor will be involved in preparation of the new comprehensive Local Environmental Plan over the next year.

• Council has resolved to continue the Heritage Advisory Service at the current level of service for the next two years. A submission has been lodged with the Department seeking increased funding to compensate for the additional costs associated with amalgamation.

• The Upper Hunter Shire Council Heritage Strategy 2008/09 to 2010/11 is currently being prepared.

SUSTAINABILITY: Recognition of the values attributable to our local heritage is an important focus for Council. OPTIONS: To note the report and continue to support the Heritage Advisory service within the Upper Hunter Shire Council. FINANCIAL CONSIDERATIONS: An allocation has been provided in the annual budget. This year there will be approximately $30,000 in total paid for the heritage advisory service of which Council receives at least one-third funding. RESOLVED that the Heritage Strategy Annual Report 2007/08 be noted.

Moved: Cr P Hodges Seconded: Cr D Peebles CARRIED

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Page 43 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

Section: DEVELOPMENT REP 290/08

D.7.2 TENDERS FOR LEASE OF SCONE MEMORIAL POOL Council: 28 July 2008 RECOMMENDATION: That Council move into Committee of the Whole with the press and public excluded pursuant to section 10A(2)(d)(i) of the Local Government Act 1993, as this item contains commercial information that would, if disclosed, prejudice the commercial position of the person who supplied it. BACKGROUND: As noted in the confidential report. ISSUES: As noted in the confidential report. SUSTAINABILITY: As noted in the confidential report. OPTIONS: As noted in the confidential report. FINANCIAL CONSIDERATIONS: As noted in the confidential report. RESOLVED that Council move into Closed Council with the press and public excluded pursuant to section 10A(2)(d)(i) of the Local Government Act 1993, as this item contains commercial information that would, if disclosed, prejudice the commercial position of the person who supplied it.

Moved: Cr P Hodges Seconded: Cr E Cottle CARRIED RESOLVED: 1. That Council accept the tender from Benjen Pty Ltd, subject to successful negotiation of

final lease conditions. 2. That, in the event that negotiations with Benjen Pty Ltd are unsuccessful, Council accept

the tender from Thomas Kuszelyk, subject to successful negotiation of final lease conditions and outcome of discussions with nominated referees.

Moved: Cr L Parsons Seconded: Cr P Hodges CARRIED

RESOLVED that Council move back into Open Council:

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

RESOLVED: 1. That Council accept the tender from Benjen Pty Ltd, subject to successful negotiation of

final lease conditions. 2. That, in the event that negotiations with Benjen Pty Ltd are unsuccessful, Council accept

the tender from Thomas Kuszelyk, subject to successful negotiation of final lease conditions and outcome of discussions with nominated referees.

Moved: Cr L Parsons Seconded: Cr P Hodges CARRIED

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Page 44 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

Section: DEVELOPMENT REP 291/08

D.7.3 FOOTPATH TRADING Council: 28 July 2008 RECOMMENDATION: That Council’s Policy for “A-Frame Signs, Pot Plant Stands and Kerbside Tables and Chairs” be amended to include provisions for footpath trading and referred to the Development and Environmental Services Committee for review and recommendation to Council. BACKGROUND: A recent survey of premises in the Scone central business area has revealed that many retail stores utilise the footpath for the display of goods for sale. Displays include clothing racks, display tables and individual items. Council currently has a policy for “A-Frame Signs, Pot Plant Stands and Kerbside Tables and Chairs” (copies provided under separate cover), and shop owners may apply for approval to place these items on the footpath. No policy is currently in place for trading on the footpath. ISSUES:

• Footpath trading is regarded by many retailers as an important part of their business, serving to attract passing shoppers and promote the goods offered for sale.

• Council needs to ensure that pedestrian access is not unduly restricted and that adequate public liability cover is provided.

• It would be preferable for controls on all footpath related activities to be combined under a single Council policy.

• The policy would need to acknowledge special promotional/shopping days where a large number of businesses participate in street trading.

SUSTAINABILITY: The adoption of a policy will ensure that street trading is carried out in a consistent and safe manner with minimal impact on the local environment. OPTIONS: Proceed with the preparation of a suitable policy or prohibit street trading altogether. FINANCIAL CONSIDERATIONS: Costs incurred in assessing applications and carrying out inspections can be recouped through the levying of appropriate fees. RESOLVED that Council’s Policy for “A-Frame Signs, Pot Plant Stands and Kerbside Tables and Chairs” be amended to include provisions for footpath trading and referred to the Development and Environmental Services Committee for review and recommendation to Council.

Moved: Cr E Bates Seconded: Cr P Hodges CARRIED

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Page 45 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

Section: DEVELOPMENT REP 316/08 D.7.4 DRAFT SCONE LOCAL ENVIRONMENTAL PLAN 1986

(AMENDMENT NO.69) – NEW ENGLAND HIGHWAY SCONE Council: 28 July 2008 RECOMMENDATION: That Council resolve to prepare Draft Scone Local Environmental Plan 1986 (Amendment No.69) in respect of Lots 401 & 402 DP 1119120 New England Highway Scone to amend Schedule 6 – Special Development Provisions as follows:

Column 1 Column 2 Motor Dealership, Service Station, Fast Food Outlets, Car Wash Facilities

Lots 401 & 402 DP 1119120, New England Highway, Scone

BACKGROUND: At its meeting of 22 October 2007, Council resolved “to prepare an amendment to the Scone Local Environmental Plan 1986 in respect of part Lot 4 DP 804243 New England Highway Scone which will rezone the land from Residential 2(c) to General Business 3(a)”. The land has subsequently been subdivided (under DA 154/04) and is now described as Lots 401 & 402 DP 1119120. Roadwork on the New England Highway associated with the subdivision has been substantially completed. Development Application 168/05 for a commercial building / motor dealership has been approved for Lot 401. Following further discussions with the applicant and Departmental officers, Council agreed to amend the previous resolution to change the proposed zoning of the land to Special Business 3(b). This was to restrict land uses to those not ordinarily associated with the central business area. The application has been further delayed at the Department of Planning and to facilitate a “fast-track” outcome, the applicant has proposed that the intended use of the land be facilitated by the enabling provisions already in Scone LEP 1986. This can be achieved by an addition to Schedule 6. ISSUES: • The proposed use of the land has been identified in the adopted Land Use Strategy as being

appropriate for the subject land. • The extraordinary delay in having the LEP amendment approved is causing considerable concern

and may have an adverse effect, both for the applicant and for short-term development of the site. • Council’s resolution to facilitate the proposed use of the land by an amendment to Schedule 6 of

Scone LEP 1986 will be referred back to the LEP Review Panel together with an amended report. • The Department of Planning have not committed to accepting the changed amendment and may

still require that it be incorporated in the consolidating LEP. OPTIONS:

To resolve to prepare the amendment to the Scone LEP To refer the proposed rezoning to the Development and Environmental Services Committee for

further consideration and report back to Council To advise the applicant that the proposed rezoning will not be further considered until preparation of

the consolidating LEP. FINANCIAL CONSIDERATIONS: The rezoning fee of $1520 has been paid. RESOLVED that Council prepare Draft Scone Local Environmental Plan 1986 (Amendment No.69) in respect of Lots 401 & 402 DP 1119120 New England Highway Scone: • to amend Schedule 6 – Special Development Provisions as follows:

Column 1 Column 2 Motor Dealership, Service Station, Fast Food Outlets, Car Wash Facilities

Lots 401 & 402 DP 1119120, New England Highway, Scone

• or alternatively, to rezone the land from Residential 2(c) to Special Business 3(b); whichever is appropriate to facilitate the proposed development of the land.

Moved: Cr E Bates Seconded: Cr P Hodges CARRIED

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Page 46 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

FINANCE Section: FINANCE REP279/08 F.7.1 GST COMPLIANCE CERTIFICATE - 1 MAY 2007 TO 30 APRIL 2008 Council: 28 July 2008 RECOMMENDATION: That the GST certificate for period 1/5/07 to 30/4/08 be authorised for signature. BACKGROUND: Department of Local Government requires that councils ensure adequate controls are in place for capturing GST transactions in their financial systems. The certificates are to be signed under council resolution. ISSUES: Council uses Fujitsu 2000+ to manage all financial transactions which extracts GST amounts automatically when processes receipts and payments. GST is remitted monthly to the Australian Taxation office. SUSTAINABILITY: Not applicable. OPTIONS: Nil. FINANCIAL CONSIDERATIONS: Nil RESOLVED that the GST certificate for period 1/5/07 to 30/4/08 be authorised for signature.

Moved: Cr L Parsons Seconded: Cr E Cottle CARRIED

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Page 47 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

UPPER HUNTER SHIRE COUNCIL

GOODS AND SERVICES TAX CERTIFICATE

Payment of Voluntary GST 1 May 2007 to 30 April 2008 To assist compliance with Section 114 of the Commonwealth Constitution, we certify that:

• Voluntary GST has been paid by Upper Hunter Shire Council for the period 1 May 2007 to 30 April 2008.

• Adequate management arrangements and internal controls were in place to enable the Council

to adequately account for its GST liabilities and recoup all GST input tax credits eligible to be claimed.

• No GST non-compliance events by the Council were identified by or raised with the Australian

Taxation Office.

Signed in accordance with a resolution of Council made on 28 July 2008.

………………………… ………………………… Barry Rose MAYOR COUNCILLOR

………………………… ………………………… Daryl Dutton Wayne Cossens GENERAL MANAGER RESPONSIBLE ACCOUNTING

OFFICER

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Page 48 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

GENERAL ADMINISTRATION Section: GENERAL ADMINISTRATION

G.7.1 LOAN AGREEMENT: MURRURUNDI RETIREMENT HOMES

ASSOCIATION Council: 28 July 2008 RECOMMENDATION: That Council move into Closed Council with the press and public excluded pursuant to section 10A(2)(c) of the Local Government Act 1993, as this item contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business. BACKGROUND: As per confidential report. ISSUES: As per confidential report. SUSTAINABILITY: Not applicable. OPTIONS: As per confidential report. FINANCIAL CONSIDERATIONS: As per confidential report. RESOLVED that Council move into Closed Council with the press and public excluded pursuant to section 10A(2)(c) of the Local Government Act 1993, as this item contains 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 D Peebles Seconded: Cr E Cottle CARRIED

RESOLVED that Council affix the Common Seal to the Westpac guarantee and indemnity documentation and authorize the Mayor to complete the form of acknowledgement.

Moved: Cr D Peebles Seconded: Cr L Watts CARRIED RESOLVED that Council move back into Open Council:

Moved: Cr E Bates Seconded: Cr D Peebles CARRIED Upon resuming Open Council the following recommendations were adopted: RESOLVED that Council affix the Common Seal to the Westpac guarantee and indemnity documentation and authorize the Mayor to complete the form of acknowledgement.

Moved: Cr L Parsons Seconded: Cr P Hodges CARRIED

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Page 49 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

Section: GENERAL ADMINISTRATION REP299/08

G.7.2 OBJECTION TO RATE CATEGORISATION Council: 28 July 2008 RECOMMENDATION: That Council move into Closed Council in accordance with Section 10A (2) (b) of the Local Government Act 1993, as this item deals with the personal hardship of ratepayers. BACKGROUND: The report is in relation to re-categorisation for rating purposes as detailed in the confidential report. ISSUES: As noted in the confidential report. SUSTAINABILITY: Nil. OPTIONS: As noted in the confidential report. FINANCIAL CONSIDERATIONS: As noted in the confidential report. RESOLVED that Council move into Closed Council in accordance with Section 10A (2) (b) of the Local Government Act 1993, as this item deals with the personal hardship of ratepayers.

Moved: Cr L Parsons Seconded: Cr E Bates CARRIED RESOLVED that Council confirm the re-categorisation to residential category, Merriwa sub-category, of: Description Property Owner Rate Assessment Number Part lot 117 Dp 1057809 118 Hall Road Merriwa P Kirby 30798-32400-7 Lot 22 Dp 1047586 128 Hall Road Merriwa P Kirby 30798-44000-1 Lot 21 Dp 1047586 126 Hall Road Merriwa J Perry 30798-42000-2 Lot 113 Dp 1053401 152 Hall Road Merriwa D and D Whitby 30798-32300-9 RESOLVED that Council move back into Open Council:

Moved: Cr E Bates Seconded: Cr D Peebles CARRIED Upon resuming Open Council the following recommendations were adopted: RESOLVED that Council confirm the re-categorisation to residential category, Merriwa sub-category, of: Description Property Owner Rate Assessment Number Part lot 117 Dp 1057809 118 Hall Road Merriwa P Kirby 30798-32400-7 Lot 22 Dp 1047586 128 Hall Road Merriwa P Kirby 30798-44000-1 Lot 21 Dp 1047586 126 Hall Road Merriwa J Perry 30798-42000-2 Lot 113 Dp 1053401 152 Hall Road Merriwa D and D Whitby 30798-32300-9

Moved: Cr L Parsons Seconded: Cr P Hodges CARRIED

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Page 50 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

Section: GENERAL ADMINISTRATION REP301/08

G.7.3 ABANDONMENT - POSTPONED RATES AND INTEREST Council: 28 July 2008 RECOMMENDATION: That Council abandon postponed rates and interest charges totalling $1,747.19 under s595 of the Local Government Act 1993 as per Schedule 1 attached and Council’s Abandonments Register. BACKGROUND: The Local Government Act 1993 enables ratepayers to apply for postponement of part of the rates on land which is capable of subdivision and used solely as the site of a single dwelling. The owners may apply for rate relief under s585 of the Local Government Act 1993. s586 requires Council to refer an application for postponement of rates to the Valuer General to determine an ‘attributable value’. The attributable value relates to that portion of the land which is not reasonably necessary to be occupied or used in conjunction with a single dwelling house (s589). The postponed rates and interest must be written off by Council after 5 years (s595). ISSUES: Under s595 of the Local Government Act 1993, the postponed rates and interest must be written off by Council. SUSTAINABILITY: Not applicable. OPTIONS: Nil. FINANCIAL CONSIDERATIONS: Postponed rates and interest abandonments of $1.9k were included in Council’s 2008/9 budget. RESOLVED that Council abandon postponed rates and interest charges totalling $1,747.19 under s595 of the Local Government Act 1993 as per Schedule 1 attached to the report and Council’s Abandonments Register.

Moved: Cr E Bates Seconded: Cr L Watts CARRIED

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Page 51 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

Schedule 1

2008/9 ABANDONMENT REGISTER

Date Owner Assess General Sewer HCMT Interest Total Reason Rates Rates Rates 1/7/09 A 1467-42-4 $124.70 $31.50 $1.97 $62.63 $220.80 2003/4 Postponed s595 LGA 1/7/09 B 1487-1-8 $13.06 $1.83 $5.84 $20.73 2003/4 Postponed s595 LGA 1/7/09 C 1676-2-7 $362.90 $180.50 $5.73 $217.95 $767.08 2003/4 Postponed s595 LGA 1/7/09 D 1729-6-5 $56.74 $1.00 $22.94 $80.68 2003/4 Postponed s595 LGA 1/7/09 E 1768-01-9 $111.26 $1.76 $44.50 $157.52 2003/4 Postponed s595 LGA 1/7/09 F 2709-0-0 $238.93 $115.94 $3.27 $142.24 $500.38 2003/4 Postponed s595 LGA $907.59 $327.94 $15.56 $496.10 $1,747.19

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Page 52 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

Section: GENERAL ADMINISTRATION REP303/08

G.7.4 WAIVING OF FEES - USE OF CASSILIS COMMUNITY HALL BY CASSILIS DEBUTANTE BALL

Council: 28 July 2008 RECOMMENDATION: That the fees for the use of the Cassilis Community Hall by Cassilis Debutante Ball be waived for the ball to be held on Saturday 13 September 2008, as well as rehearsals during the year. BACKGROUND: A request has been received from Cassilis Debutante for the waiving of fees; this event is raising funds for the Westpac Rescue Helicopter. ISSUES: Nil SUSTAINABILITY: Not applicable. OPTIONS: To adopt or reject the recommendation. FINANCIAL CONSIDERATIONS: The granting of the use of Cassilis Community Hall for free has minimal effect on Council’s budget. RESOLVED that the fees for the use of the Cassilis Community Hall by Cassilis Debutante Ball be waived for the ball to be held on Saturday 13 September 2008, as well as rehearsals during the year.

Moved: Cr D Peebles Seconded: Cr L Watts CARRIED

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Page 53 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

Section: GENERAL ADMINISTRATION

G.7.5 DISCLOSURE OF INTEREST RETURNS Council: 28 July 2008 RECOMMENDATION: 1. That the procedures for the management of Disclosure Returns be noted. 2. That the designated officers be those persons holding the positions as listed in the procedures

document. BACKGROUND: The Local Government Act requires Councillors and designated officers to complete a pecuniary interest and other matter return annually. Forms have been provided for completion and return. A copy of Council’s procedure for ‘Disclosure of Interest Returns’ under Clause 449 of the Local Government Act, 1993 is attached. ISSUES: The form must be completed and lodged before 30 September 2008. OPTIONS: The Local Government Act requires the returns to be completed from the date of the last return to 30 June this year. FINANCIAL CONSIDERATIONS: Not applicable. RESOLVED: 1. That the procedures for the management of Disclosure Returns be noted. 2. That the designated officers be those persons holding the positions as listed in the

procedures document.

Moved: Cr E Cottle Seconded: Cr D Peebles CARRIED

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Page 54 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

GOVERNANCE – COUNCILLORS – Declaration of Interest Policy Councillors and designated persons will complete and lodge a “Disclosures by Councillors and Designated Persons” form, in accordance with the Local Government Act 1993 and the procedure herein. Objective To meet the requirements of the Local government Act 1993, sections 449-450A. Procedures 1. Issue of Forms

a. The primary (first return) form is to be made available within one (1) month to the person becoming a Councillor or designated by the General Manager. The form is to be accompanied by a copy of Council’s Code of Conduct and sections 441-459 of the Local Government Act, 1993 and a copy of relevant circular(s) from the Department of Local Government.

The foregoing shall be delivered in writing drawing attention to the return period of three (3) months.

b. The ordinary (second return) form is to be made available to Councillors and

designated officers in the month of June by the Director Corporate Services. This form is to be accompanied by a copy of sections 449-450A of the Local Government Act, 1993 and a copy of relevant circular(s) from the Department of Local Government. The foregoing shall be delivered in writing drawing attention to the return period of three (3) months.

c. Forms shall not be received prior to 30 June and all questions must be completed. If

there are no pecuniary interests or other matters of the kind required to be disclosed under a particular main heading, the word ‘nil’ is to be placed in an appropriate space under that heading.

2. Follow up

Follow ups for filing of the forms are to be made by Director Corporate Services monthly in writing drawing attention to Clause 482 of the Act.

3. Lodgement

a. Forms must be lodged with the Director Corporate Services by the appropriate date.

b. i. Upon receipt, the form will be date stamped and filed in the Register of Returns.

ii. Receipt of the return will be acknowledged in writing, indicating to the Councillor or designated person that the return was received, date of receipt, and that the return is filed in the Register of Returns. A copy of such details will be recorded in TRIM for reference purposes.

4. Designated Persons

The Act defines the following as ‘designated persons’:- • The General Manager. • Other senior staff of the Council. • A person (other than a member of the senior staff of the Council) who is a member of

staff of the Council or a delegate of the Council and who holds a position identified by the Council as the position of a designated person because it involves the exercise of functions under this or any other Act (such as regulatory functions or contractual functions) that, in their exercise, could give rise to a conflict between the person’s duty as a member of staff or delegate and the person’s private interest.

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Page 55 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

• A person (other than a member of the senior staff of the Council) who is a member of a committee of the Council identified by the Council as a committee whose members are designated persons because the functions of the committee involve the exercise of the Council’s functions under this or any other Act (such as regulatory functions or contractual functions) that, in their exercise, could give rise to a conflict between the member’s duty as a member of the committee and the member’s private interest.

5. Conclusion

The following should lodge Disclosure of Interest Returns: All Councillors Chairman, Development and Environment Committee Chairman, Finance Committee Chairman, Works and Technical Services Committee Chairman, Community Development Committee General Manager Director Corporate Services Director Technical Services Director Environmental Services Deputy Director Corporate Services Internal Auditor Manager Community Services Manager Civil Assets Manager Engineering Operations Manager Finance Manger Information Services Manager Revenue Manager Technical Support Services Manger Tourism Manger Water Development Manager Water and Waste Community Services Officer, Merriwa Community Services Officer, Murrurundi Senior Environmental Officer Health and Building Surveyor Senior Compliance Officer Compliance Officers Office Manager, Murrurundi Works Engineer, Merriwa Works Engineer, Scone

References

Local Government Act 1993, sections 449-450A (attached). Department of Local Government, Circular 05/24, 31 May 2005 (attached). This policy was adopted by Council on 31 March 2008. It replaces the policy of the same title, adopted on 22 August 2005.

Review Date

August 2012, by the Director Corporate Services

Authorised by: 31 March 2008 Daryl Dutton, General Manager

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Page 57 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

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Page 58 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

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Page 59 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

Section: GENERAL ADMINISTRATION

G.7.6 QUEENSLAND HUNTER GAS PIPELINE Council: 28 July 2008 RECOMMENDATION: That Council welcome Ms Barbara Campany, Communications Manager, from Manidis Roberts to make a presentation. BACKGROUND: Manidis Roberts has requested to make a presentation to Council on the Queensland Hunter Gas Pipeline project. ISSUES: Presentation to provide Council with update project. SUSTAINABILITY: Not applicable. OPTIONS: Nil. FINANCIAL CONSIDERATIONS: Nil. Council welcomed Mr Bob Otjen, General Manager, and Mr Paul Keighley, Environment, from Queensland Hunter Gas Pipeline to make a presentation on the project.

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Page 60 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

Section: GENERAL ADMINISTRATION REP315/08

G.7.7 DEBTOR WRITE-OFF Council: 28 July 2008 RECOMMENDATION: That the outstanding balance totalling $1,859.50 from Martin’s Transport be written off in relation to cleaning up and the disposal of dead animals at Scone waste depot following an accident on Halcombe Hill in April 2002. BACKGROUND: Council was called to an accident on Halcombe Hill in April 2002 after a truck owned by Martin’s Transport rolled whilst negotiating a bend. Council was required to clear the site and dispose of the dead animals after the accident. The fees raised were as per Council’s adopted Management Plan at that time. The company’s insurers paid an amount of $3,000.00 as settlement of the claim which left the balance of $1,859.50. Council has had several letters to and from with the insurers in regard to the balance without resolution. As the matter is now over six years old and the matter involves numerous parties and is now legally very complicated, it is felt that the time has come to finalise the matter. ISSUES: Council recovers costs associated with accidents on the Golden Highway through the RTA who in turn use their debt recovery process to recover costs. Council is currently arranging protocols to be established with the RTA for a similar arrangement for the New England Highway for future accidents where Council becomes involved. SUSTAINABILITY: Not applicable. OPTIONS: To accept or reject the recommendation. FINANCIAL CONSIDERATIONS: $1,859.50 will be written off from Council’s debtors if approved. RESOLVED that the outstanding balance totalling $1,859.50 from Martin’s Transport be written off in relation to cleaning up and the disposal of dead animals at Scone waste depot following an accident on Halcombe Hill in April 2002.

Moved: Cr D Peebles Seconded: Cr P Hodges CARRIED

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Page 61 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

POLICY MATTERS Section: POLICY MATTERS REP280/08 H.7.1 COUNCIL POLICY – CODE OF CONDUCT Council: 28 July 2008 RECOMMENDATION: That Council: 1. adopt the policy GOVERNANCE – POLICY – COUNCILLORS – Code of Conduct; and, 2. request Hunter Councils to consider establishing a panel of conduct reviewers. BACKGROUND: Council has adopted a Code of Conduct (23 January 2006), which mirrors the Model Code of the Department of Local Government (DLG). DLG has issued circular no 08-38 dated 20 June 2008, entitled “Revised Model Code of Conduct for Local Councils in NSW” which details the changes to the Model Code. The changes are extensive and significant. The DLG circular and the Model Code of Conduct have been circulated to Councillors under separate cover. The draft policy GOVERNANCE – POLICY – COUNCILLORS – Code of Conduct is Attachment 1 ISSUES: The most significant change relates to the complaint handling requirements and the complaint assessment criteria. Members of conduct review committees and sole reviewers will now be independent of Council and can act in the role for more than one council. The conduct review committee must consist of 3 or more members. Allowing for the potential of a conflict of interest and absences, Council would need to appoint a panel of 5 or 6 independent reviewers. Council will need to determine whether it is going to meet out of pocket expenses and/or pay a fee for service to reviewers. It may be feasible for Hunter Councils to appoint a panel of (say) twelve independent reviewers from whom a conduct review committee (minimum of 3 members) could be convened or a sole reviewer obtained, as and when required by individual councils. Hunter Councils might provide this service on a fee-for-service basis. The revised Model Code of Conduct is effective from 20 June 2008. SUSTAINABILITY: Not applicable. OPTIONS: Council must adopt the Model Code of Conduct, and may include additional provisions that supplement the Model Code. Council may request Hunter Councils to consider establishing a panel of conduct reviewers, or not. FINANCIAL CONSIDERATIONS: Nil, at this time. RESOLVED that Council: 1. adopt the policy GOVERNANCE – POLICY – COUNCILLORS – Code of Conduct; and, 2. request Hunter Councils to consider establishing a panel of conduct reviewers.

Moved: Cr P Hodges Seconded: Cr L Watts CARRIED

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Page 62 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

GOVERNANCE – POLICY – COUNCILLORS – Code of Conduct Policy

Council will implement “The Model Code of Conduct for Local Councils in NSW”, as issued by the Department of Local Government with circular no 08-38 dated 20 June 2008.

Objective To provide the minimum requirements of conduct for council officials in carrying out their functions. The Model Code of conduct will assist council officials to: • understand the standards of conduct that are expected of them • enable them to fulfil their statutory duty to act honestly and exercise a reasonable degree

of care and diligence • act in a way that enhances public confidence in the integrity of local government.

Procedures/Practice The Model Code of Conduct is attached. The Department of Local Government circular is attached.

References Department of Local Government, “The Model Code of Conduct for Local Councils in NSW”, June 2008 (attached). Department of Local Government, circular no 08-38 “Revised Model Code of Conduct for Local Councils in NSW”, dated 20 June 2008. This policy is to be considered by Council at its meeting on 28 July 2008. This policy and the attachments, replace the Code of Conduct adopted by Council at its meeting on 23 January 2008 (GOVERNANCE – COUNCILLORS – Code of Conduct, and PERSONNEL – EMPLOYMENT CONDITIONS - Code of Conduct).

Review Date August 2012, by the Director Corporate Services.

Authorised by: D N Dutton, General Manager 28 July 2008

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Page 63 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

Section: POLICY MATTERS REP292/08 H.7.2 COUNCIL POLICIES Council: 28 July 2008 RECOMMENDATION: That Council:

1. adopt the policies a. CUSTOMER SERVICE – POLICY – ACCESS – Access and Equity b. CUSTOMER SERVICE - POLICY – STANDARDS – Service – Telephone Calls, Written

Correspondence, Face-to-Face c. DEVELOPMENT AND BUILDING CONTROLS – POLICY – Code of Practice – Soil and

Water Management on Urban Lands d. DEVELOPMENT AND BUILDING CONTROLS – POLICY - Building near water and sewer

services e. PLANT, EQUIPMENT & STORES – POLICY – ACQUISITION – Purchasing – Local f. GOVERNMENT RELATIONS – POLICY – Inquiries g. GRANTS AND SUBSIDIES – POLICY – PROGRAMS – Section 356 General h. GRANTS AND SUBSIDIES – POLICY – PROGRAMS – Section 356 Rental Subsidies

2. Rescind the policies a. COUNCIL PROPERTIES - POLICY – USAGE – Hire – Conditions b. COUNCIL PROPERTIES - POLICY – USAGE – Tenancy Agreements – Furnishings

BACKGROUND: As part of the ongoing review of Council’s policies the amended policies listed above are presented for consideration. The draft policies, and the policies to be rescinded, are provided under separate cover. These policies are similar to the previous policies with the layout being changed to bring a consistent approach to Council’s policies and the following specific comments relate: 1. a. Minor variation to dates.

b. A review of the existing administrative principle identified that the document included a reference to Councillors and that the document needed to be considered as a policy.

c. & d. Minor variation to dates. e. Replaces an administrative principle of the same title dated 12 September 2006 (based

on the Council policy of 23 May 2005). f. Policy re-named. Minor variation to dates. g.& h. Minor variation to dates and wording.

2. a. & b. These policies were adopted by Council on 27 March 2006. The policies have been reviewed and are considered to be of a day-to-day management nature, which can be approved by the General Manager as an administrative principle. The policies may be rescinded by Council.

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 policies a. CUSTOMER SERVICE – POLICY – ACCESS – Access and Equity b. CUSTOMER SERVICE - POLICY – STANDARDS – Service – Telephone Calls, Written

Correspondence, Face-to-Face

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Page 64 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

c. DEVELOPMENT AND BUILDING CONTROLS – POLICY – Code of Practice – Soil and

Water Management on Urban Lands d. DEVELOPMENT AND BUILDING CONTROLS – POLICY - Building near water and

sewer services e. PLANT, EQUIPMENT & STORES – POLICY – ACQUISITION – Purchasing – Local f. GOVERNMENT RELATIONS – POLICY – Inquiries g. GRANTS AND SUBSIDIES – POLICY – PROGRAMS – Section 356 General h. GRANTS AND SUBSIDIES – POLICY – PROGRAMS – Section 356 Rental Subsidies

2. Rescind the policies c. COUNCIL PROPERTIES - POLICY – USAGE – Hire – Conditions d. COUNCIL PROPERTIES - POLICY – USAGE – Tenancy Agreements – Furnishings

Moved: Cr E Bates Seconded: Cr E Cottle CARRIED

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Page 65 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

WORKS/TECHNICAL

Section: WORKS/TECHNICAL REP287/08

J.7.1 ROAD NAMING – CAVALRY LINE ROAD, TRIG POINT SUBDIVISION Council: 28 July 2008 RECOMMENDATION: That Council adopt the name of “Cavalry Line Road” for the roadway created within the Trig Point subdivision. BACKGROUND: The name of the road within Trig Point Estate at Glenbawn, developed in 2005, has never been officially gazetted. The developers of the Trig Point Estate had previously proposed the name of ‘Cavalry Line Road for the new road created instead of the original ‘Saddleback Road’. ISSUES: • Council road naming policy identifies a need to theme all road names within a

subdivision/development. There is only one road in this subdivision. • A name cannot be used which is already utilised in the shire • Further development in the area will involve additional road naming; these names will be

selected from those identified which meet the criteria. SUSTAINABILITY: N/A OPTIONS: To adopt the name proposed or reject the proposal FINANCIAL CONSIDERATIONS: Gazettal costs $100 RESOLVED that Council adopt the name of “Cavalry Line Road” for the roadway created within the Trig Point subdivision.

Moved: Cr E Bates Seconded: Cr P Hodges CARRIED

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Page 66 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

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Page 67 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

Section: WORKS/TECHNICAL REP305/08

J.7.2 TED NOFFS CHARITY RIDE Council: 28 July 2008 RECOMMENDATION: That Council waive the horse box user fees for the Ted Noffs Charity Ride on 13 and 14 August 2008. BACKGROUND: A charity horse ride hase been organised from Brisbane to Sydney to raise money for the Ted Noffs Foundation. The rise will be stopping in Scone on 13th and 14th August 2008 as the Australian Stock Society is a major sponsor of the ride. ISSUES: Organisers have advised that as they ride through towns they will be stopping at High Schools to deliver a youth motivational drug awareness program, created to assist in making the youth of Australia aware of the worsening drug related issues they are facing in the future and the harm and effects drugs can have on the human body. It is hoped the ride will raise $150,000 for the Ted Noffs Foundation. SUSTAINABILITY: N/A OPTIONS: Adopt, amend or reject the recommendation FINANCIAL CONSIDERATIONS: 8 horse boxes x 2 nights x $16 a box/night = $256 RESOLVED that Council waive the horse box user fees for the Ted Noffs Charity Ride on 13 and 14 August 2008.

Moved: Cr D Peebles Seconded: Cr P Hodges CARRIED

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Page 68 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

Section: WORKS/TECHNICAL REP307/08

J.7.3 ENERGY AUSTRALIA - NEW 66KVA TRANSMISSION LINE Council: 28 July 2008 RECOMMENDATION: That Council: • Note the proposed route of the new 66kva transmission line through Council controlled lands • Grant an easement for electricity supply along Gordon Street, intersection with Segenhoe

Street, through the cemetery across Abercairney Street onto vacant Crown land currently controlled by Council.

• Delegate authority to the General Manager and Mayor to complete the agreement under the Common Seal of Council

• Advise the applicant of the requirement to meet all costs associated with the application, survey and legal dealing.

BACKGROUND: Energy Australia is currently finalising plans for the construction of a new 66kV transmission line in Gordon Street, Aberdeen. Energy Australia would like to pursue the option of obtaining an easement over existing council owned land for the positioning of new feeder electricity power lines. An aerial photo is provided as Attachment 1. ISSUES: The existing 11kV feeder and low voltage supplies in Gordon Street will be placed underground to maintain and where possible improve the amenity of the local area. Energy Australia has undertaken a comprehensive consultation process and believes that the proposed positioning of the new feeder inside the cemetery grounds, adjacent to the tree line, provides the best compromise to balance the social, technological and environmental needs of the project. SUSTAINABILITY: The electricity upgrade is necessary to provide energy to Aberdeen and Scone in the future. OPTIONS: To adopt, amend or reject the recommendation FINANCIAL CONSIDERATIONS: All costs to be borne by Energy Australia RESOLVED that Council: • Note the proposed route of the new 66kva transmission line through Council controlled

lands • Grant an easement for electricity supply along Gordon Street, intersection with

Segenhoe Street, through the cemetery across Abercairney Street onto vacant Crown land currently controlled by Council.

• Delegate authority to the General Manager and Mayor to complete the agreement under the Common Seal of Council

• Advise the applicant of the requirement to meet all costs associated with the application, survey and legal dealing.

Moved: Cr L Watts Seconded: Cr E Bates CARRIED Cr L Parsons requested that his vote against the motion be recorded.

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Page 69 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

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Section: WORKS/TECHNICAL REP308/08

J.7.4 NSW PONY CLUB STATE SPORTING CHAMPIONSHIPS Council: 28 July 2008 RECOMMENDATION: That Council reduce user fees for the NSW Pony Club Association State Sporting Championships by 50%. BACKGROUND: The NSW Pony Club Association State Sporting Championships is to be held at White Park Scone in April 2009. ISSUES: • Pony Club has booked all areas of White Park for the event in addition to 201 horse boxes. • The organising Committee has requested a reduction in user fees for this event SUSTAINABILITY: N/A OPTIONS: To adopt, amend or reject the recommendation FINANCIAL CONSIDERATIONS: Fees calculated as per Council’s Management Plan $6,719 50% reduction $3,360 25% reduction $1,680 RESOLVED that Council provide sponsorship in the amount of $3,360 for the NSW Pony Club Association State Sporting Championships.

Moved: Cr B Rose Seconded: Cr E Cottle CARRIED

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Page 71 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

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Page 72 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

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Page 73 of 73 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Monday, 28 July 2008 MAYOR GENERAL MANAGER

STAFF/RESOURCES Section: STAFF/RESOURCES REP233/08

K.7.1 PRESENTATION TO RETIRING MEMBER OF STAFF

Council: 28 July 2008 RECOMMENDATION: That Council make a presentation to Mr John Driscoll on his retirement from Council’s employ after 35 years of service. BACKGROUND: John Driscoll commenced duties as a labourer with the Council of the Shire of Scone on 19 March 1973. Over the years John has been responsible for the operation of the Aberdeen Treatment Plant, the town maintenance and parks and gardens within Aberdeen. John has provided a high level of service to the township of Aberdeen taking pride in ensuring the town looked its best. John has participated in a large number of community activities including many years with the NSW Fire brigades in Aberdeen ISSUES: Council has a policy of recognising the long service of staff. OPTIONS: Not applicable. FINANCIAL CONSIDERATIONS: Nil Council made a presentation to Mr John Driscoll on his retirement from Council’s employ after 35 years of service. SCONE PROPERTY – 145 LIVERPOOL STREET RESOLVED that Council delegate authority to the General Manager and Mayor to negotiate the purchase of 145 Liverpool Street, Scone being sold at public auction on 2 August 2008.

Moved: Cr P Hodges Seconded: Cr E Cottle CARRIED

THERE BEING NO FURTHER BUSINESS THE MEETING CLOSED AT 5.35PM.