minutes of the ordinary meeting of upper hunter … · healy (communications officer) and mrs robyn...

of 136 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 25 June 2018

MINUTES OF THE ORDINARY MEETING OF UPPER HUNTER SHIRE COUNCIL HELD ON MONDAY 25 JUNE 2018 IN THE COUNCIL CHAMBERS, SCONE COMMENCING AT 5.00pm

PRESENT: Cr Wayne Bedggood (Mayor), Cr Maurice Collison (Deputy Mayor), Cr Sue Abbott, Cr Josh Brown, Cr James Burns, Cr Lorna Driscoll, Cr Kiwa Fisher and Cr Lee Watts. APOLOGIES: RESOLVED that the apology received from Cr Ron Campbell be accepted and leave of absence granted.

Moved: Cr M Collison Seconded: Cr J Brown CARRIED IN ATTENDANCE: Mr Steve McDonald (General Manager), Mr Steve Pryor (Director Operations), Mr Mathew Pringle (Director Environmental & Community Services), Mr Wayne Phelps (Manager Finance), Ms Daele Healy (Communications Officer) and Mrs Robyn Cox (Executive Assistant). ADOPTION OF MINUTES: RESOLVED that Council suspend Standing Orders to provide time to review the previous minutes which were not provided prior to the meeting.

Moved: Cr J Burns Seconded: Cr L Watts CARRIED

RESOLVED that Council resume Standing Orders.

Moved: Cr J Burns Seconded: Cr J Brown CARRIED RESOLVED that the Minutes of the Ordinary Council Meeting held on 28 May 2018 be adopted.

Moved: Cr K Fisher Seconded: Cr L Driscoll CARRIED DECLARATIONS OF INTEREST: Nil PUBLIC PARTICIPATION: A.06.1 Young Endeavour Ambassadors - Presentation


UPPER HUNTER SHIRE COUNCIL

Ordinary Meeting - 25 June 2018

TABLE OF CONTENTS

NOTICES OF MOTION ................................................................................................. 3

NM.06.1 TREE PRESERVATION AND MANAGEMENT POLICY ...................................................... 3 NM.06.2 AFFORDABLE HOUSING SCHEME ................................................................................ 5 NM.06.3 SHIRE BAN OF MONSANTO'S ROUNDUP (GLYPHOSATE FORMULATIONS) ...................... 6

MAYORAL MINUTES................................................................................................... 7

A.06.1 YOUNG ENDEAVOUR AMBASSADORS - PRESENTATION ............................................... 7 A.06.2 PRESENTATION TO STAFF - LENGTH OF SERVICE ....................................................... 8

STANDING COMMITTEE REPORTS .......................................................................... 9

SCR.06.1 INFRASTRUCTURE SERVICES COMMITTEE .................................................................. 9 SCR.06.2 DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE ....................................... 16 SCR.06.3 FINANCE COMMITTEE .............................................................................................. 25

COMMITTEE/DELEGATES REPORTS ..................................................................... 31

C.06.1 AUDIT, RISK AND IMPROVEMENT COMMITTEE ........................................................... 31 C.06.2 MURRURUNDI REVITALISATION COMMITTEE ............................................................. 38 C.06.3 COMMUNITY SERVICES COMMITTEE ......................................................................... 46

DEVELOPMENT REPORTS ...................................................................................... 52

D.06.1 LIVERPOOL RANGE WIND FARM - DRAFT VOLUNTARY PLANNING AGREEMENT .......... 52

ENVIRONMENT/HEALTH REPORTS........................................................................ 88

E.06.1 NATIONAL TREE DAY FUNDING ................................................................................ 88

GENERAL ADMINISTRATION REPORTS ................................................................ 94

G.06.1 2018 LOCAL GOVERNMENT NSW ANNUAL CONFERENCE ......................................... 94 G.06.2 MAKING THE RATES 2018/19 ................................................................................... 97 G.06.3 REQUEST FOR DONATION - SCONE PUBLIC SCHOOL P & C BLOOM MARKETS ......... 111 G.06.4 REQUEST TO WAIVE FEES - MERRIWA LITTLE SPROUTS ......................................... 115

INFRASTRUCTURE REPORTS .............................................................................. 119

I.06.1 SCONE RAIL OVERPASS ........................................................................................ 119

RESPONSES TO PREVIOUS QUESTIONS ............................................................ 127

RPQ.06.1 RESPONSES TO PREVIOUS QUESTIONS .................................................................. 127

CONFIDENTIAL REPORTS ..................................................................................... 136

CR.06.1 PURCHASE OF LAND .............................................................................................. 136

Report To Ordinary Council Meeting 25 June 2018

General Manager's Unit


NOTICES OF MOTION

NM.06.1 TREE PRESERVATION AND MANAGEMENT POLICY

RESPONSIBLE OFFICER: Steve McDonald - General Manager

AUTHOR: Robyn Cox - Executive Assistant

NOTICE OF MOTION

The following Notice of Motion was received from Cr Abbott:

Recommendation that Council undertake an audit and mapping of the Upper Hunter Shire's trees, and then draft and enact a tree preservation and management policy that includes but is not limited to:

a) best global ecological practice; b) adherence to Australian Standards for amenity and rural tree pruning; c) consultation with council's qualified arborist or another qualified arborist on all

occasions involving Upper Hunter Shire tree preservation and management; and d) regular and appropriate tree planting and tree replacement action that is not stalled by

drought conditions, which in turn has led to today's current gap in trees from lack of planting, but instead is carefully considered and planned for Australia's growing dry and drought-like constraints and conditions.

Rationale:

There is no excuse for the unsightly topping of our trees by electricity providers (and/or their commercial pruners) and others so common in the Upper Hunter Shire. The irony is that all too often this ignorant pruning results in faster re-growth with the costs being passed onto shire residents and ratepayers by loss of amenity, environmental services and earlier planting and replacement costs.

Tree preservation and tree management needs to be done by skilled workers directed with clear commitment by electricity providers (and/or their commercial pruners) to prune according to the Australian Standard 4373/2007 'pruning of amenity trees', and the Upper Hunter Shire community is disappointed that whilst we have a standard laying out exactly how pruning should be done, everywhere we look after distressing tree pruning events we see poorly pruned trees.

But this issue also goes beyond just inept pruning because there also seems to be a general loss of more complex pruning skills for all shrubs, fruit trees and other trees compounded by the lack of consideration for the right tree for the right space.

This ignorance which is translating into community 'vandalism' has to stop.

As we have all discussed before both at Sustainability Advisory Services committee meetings and council meetings, it is time for the Upper Hunter Shire Council to adopt a proper comprehensive tree preservation and tree management policy, and to remind tree workers and / or tree contractors, whether pruning for themselves or any entity in our shire, that they must demonstrate they have the skills to prune according to AS4373/2007. The Upper Hunter Shire Council needs a clear vision for the preservation and management of our trees for us all here today and for future generations.




AMENDED MOTION RESOLVED that Council update Part 11a (Tree Preservation) of the Upper Hunter Development Control Plan 2015 having regard to the provisions of State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 and to require Council approval for the removal and pruning of certain native and non-native vegetation within the Upper Hunter Shire LGA. The update shall consider the following matters:

a) best global ecological practice b) adherence to Australian Standards for amenity and rural tree pruning c) consultation with council's qualified arborist or another qualified arborist on all

occasions involving Upper Hunter Shire tree preservation and management d) appropriate tree planting and tree replacement action that takes into account

Australia's growing dry and drought-like constraints and conditions.

Moved: Cr S Abbott Seconded: Cr L Watts CARRIED




NM.06.2 AFFORDABLE HOUSING SCHEME



NOTICE OF MOTION


Recommendation that Council strive to ensure that every Shire resident has access to a decent home that is both affordable and efficient to run, working in partnership with a range of organisations and individuals to increase the provision of good local housing across the Shire by:

a) negotiating with developers to provide affordable housing on private sites in line with the Upper Hunter Shire Council's planning policy

b) enabling registered providers/housing associations to deliver affordable housing through the provision of grant funding and/or Council land

c) creating and then leading Council's own 'new build' affordable housing programme d) aspiring to build homes of the highest standards of energy efficiency with consideration

given to the development of Passivhaus (or other energy efficient) construction e) investing in skills training for the Passivhaus (or other energy efficient construction

concepts) sector and establishing a contractor framework to drive further Passivhaus (or other energy efficient construction concepts) development across the Shire.

Rationale: We have a shortage of affordable social housing yet a responsibility to ensure everyone who lives in the Upper Hunter Shire has a safe and long term housing option to call home so that everyone can get on with their lives without the pervasive worry on not having a permanent home. Many mental health experts both nationally and internationally propound the importance of social housing because without a safe long-term home it is impossible to combat the dire mental health issues that face Australian communities and in particular its rural ones.

AMENDED MOTION RESOLVED that Council:

1. subject to available funding, prepare an affordable housing background report on housing needs and issues in the Upper Hunter Shire LGA including research and analysis of the housing market and housing affordability. The background report shall consider a range of strategies to address any identified housing affordability issues and include preliminary recommendations for Council’s consideration should it proceed to the development of an Affordable Housing Strategy.

2. prepare a report on Passivhaus construction principles including recommendations on how this method of construction can be promoted across the Upper Hunter Shire LGA.

Moved: Cr S Abbott Seconded: Cr L Watts CARRIED




NM.06.3 SHIRE BAN OF MONSANTO'S ROUNDUP (GLYPHOSATE FORMULATIONS)



NOTICE OF MOTION


Recommendation that Monsanto's widely-used Roundup is banned from usage across the Upper Hunter Shire after the US' National Toxic Program's (NTP) recent uncovering of evidence that some popular weedkilling products such as Roundup are potentially more toxic to human cells than their active ingredient is by itself. Rationale:

Given that a summary of the NTP work stated that glyphosate formulations decreased human cell “viability”, disrupting cell membranes, it can only be considered to be unconscionably irresponsible if we continue to use Roundup in our quest to combat weeds. The Guardian (https://www.theguardian.com/us-news/2018/may/08/weedkiller-tests-monsanto-health-dangers-active-ingredient) states that "the NTP work informs a global debate over whether or not these glyphosate-based weedkilling chemical combinations are endangering people who are exposed. More than 4,000 people are currently suing Monsanto alleging they developed cancer from using Roundup, and several European countries are moving to limit the use of these herbicides." "'This testing is important, because the EPA has only been looking at the active ingredient. But it’s the formulations that people are exposed to on their lawns and gardens, where they play and in their food,' said Jennifer Sass, a scientist with the Natural Resources Defense Council." We have this information on Roundup, it comes from a reputable source, so the case for Roundup is demonstrably weak and so to continue using it in our weed minimisation regime can only be considered irresponsible.

Moved: Cr Abbott Seconded: NOTICE OF MOTION Recommendation that Monsanto's widely-used Roundup is banned from usage across the Upper Hunter Shire after the US' National Toxic Program's (NTP) recent uncovering of evidence that some popular weedkilling products such as Roundup are potentially more toxic to human cells than their active ingredient is by itself.

Moved: Cr S Abbott There being no seconder for the motion, the motion lapsed.


Corporate Services


MAYORAL MINUTES

A.06.1 YOUNG ENDEAVOUR AMBASSADORS - PRESENTATION

RESPONSIBLE OFFICER: Mathew Pringle - Director Environmental & Community Services

AUTHOR: Mary Spora - Youth Services Supervisor

RECOMMENDATION That Council receive a presentation from the 2017/18 Upper Hunter Shire Young Endeavour Ambassadors on their experiences.

Moved: Seconded:

REPORT/PROPOSAL The Upper Hunter Shire Young Endeavour Scheme is coordinated and supported by Council in partnership with a number of community groups, businesses, sporting clubs and Schools. It provides a “Voyage of a Lifetime” for seven young people from our Shire to enhance their self-confidence, teamwork and life skills by giving them the opportunity of a challenging new experience, not normally available to youth in our area. Callum Telfer, Phoebe Weatherly, Emma Reynolds, Bridget Crowe, Tori McNaught, James Hagley and Toby Barry boarded the Young Endeavour on 16 April 2018 for a 10 day sail on the high seas, following their nomination by local organisations and individuals. Ambassadors are invited to share aspects of their experience of sailing on Young Endeavour, and how the voyage has affected their lives. OPTIONS That Council welcome Upper Hunter Shire Ambassadors who sailed on the Young Endeavour in April 2018.

ATTACHMENTS

There are no enclosures for this report RESOLVED That Council receive a presentation from the 2017/18 Upper Hunter Shire Young Endeavour Ambassadors on their experiences.

Moved: Cr L Watts Seconded: Cr J Burns CARRIED




A.06.2 PRESENTATION TO STAFF - LENGTH OF SERVICE



RECOMMENDATION That Council recognise Stephen Janssens for his 20 years’ service with Council.

Moved: Seconded:

REPORT/PROPOSAL In accordance with Council’s policy, Recognition of Length of Service, Council will appropriately recognise staff with long periods of employment with Upper Hunter Shire Council (including services with the former Scone, Merriwa and Murrurundi Shire Councils). Stephen Janssens has reached 20 years of service with Council. OPTIONS Nil

ATTACHMENTS

Nil.

Stephen Janssens was unavailable to attend the meeting. RESOLVED That Council recognise Stephen Janssens for his 20 years’ service with Council.

Moved: Cr M Collison Seconded: Cr J Burns CARRIED




STANDING COMMITTEE REPORTS

SCR.06.1 INFRASTRUCTURE SERVICES COMMITTEE

RESPONSIBLE OFFICER: Steve Pryor - Director Operations

AUTHOR: Karen Lee - Infrastructure Services Support Officer

RECOMMENDATION

That Council endorse the minutes of the Infrastructure Services Committee meeting held on Tuesday 12 June 2018.

Moved: Seconded:

BACKGROUND The Infrastructure Services Committee provides policy and direction, along with an update on the planned program for roads, bridges, water and sewerage work, parks, building and waste management. REPORT/PROPOSAL ISC.06.1 WORKS PROGRAM - INFRASTRUCTURE SERVICES - WATER AND SEWER

Numerous projects underway which include:

Integrated Water Cycle Management (IWCM) Issues Paper, will be updating this draft with identified need to supply unserviced communities. Scone UV and pre-chlorination project, Draft Funding Deed completed and with Infrastructure NSW to finalise. Upper Hunter Water Supply and Water Treatment Scoping Study – Detailed Application for Safe and Secure funding reviewed by the Technical Review Panel 8 May 2018. Scone Sewage Treatment Plant (STP) Augmentation Work- EOI Application (Safe & Secure Water Program) for funding for design and construction stage has been approved. Concept Design of Cassilis Sewage System – Cardo who is the consultant commenced soil analysis work around proposed STP site. Compiling water/sewer main capital works together suitable for a tender in 2018/19 – inclusive of Saleyards Sewer and other identified works from the DPOP and Initial meeting with Daracon who is the contractor for RMS Bypass project (Scone), to discuss water and sewer service replacements – Scone Bypass project.

ISC.06.2 WORKS PROGRAM - INFRASTRUCTURE SERVICES Numerous projects underway which include:

Willow Tree Road pavement works is continuing, Moobi Cycle path has commenced, and the Golden Highway truck stop maintenance works has commenced and maintenance grading is continuing in areas which have access to water.

ISC.06.3 CAPITAL WORKS UPDATE Numerous projects underway which include:

Willow Tree Road Construction, Golf Course reconstruction, White Park Arena, Oxford Road and Owens Gap.




ISC.06.4 SPECIAL PROJECTS UPDATE Key activities that include:

Scone to Murrurundi pipeline, Middlebrook Bridge Replacement, White Park Indoor Arena – Stage 1, Scone Golf Course Detailed design and Reconstruction, Scone Sewerage Treatment Plant Augmentation, Cassilis Sewerage Scheme and MR358 Coulson Creek Road (Willow Tree Road) initial seal and widening.

ISC.06.5 TEN MILE MOUNTAIN - TRANSFER OF CROWN ROADS TO COUNCIL ROADS

Conversion of Crown Road to a Council Road for the access to the Council and RFS Radio Tower at the Ten Mile Mountain near Coulsons Creek Road and Beales Creek Road Merriwa for the purpose of accessing the RFS Radio tower and maintaining the road in there in case of future fires or emergency access is required. This item was adjourned to gather further information from a meeting between Council and the Land owner was sought.

ISC.06.6 UPDATE ON UNSEALED MAINTENANCE ACROSS THE SHIRE

Council has over 954km of unsealed road to maintenance on an annual basis. Each maintenance grader team is made up of one grader, roller and water cart and 3 people. This team completed between 1 to 3km of maintenance grading each working day and work a 9 day fortnight.

Council has a number of water sources from the rivers across the network that we can draw water for these works, the teams use between 40,000 to 100,000 litres of water per day depending on what type of work and how much work is completed each day.

The average cost per day to run one maintenance grader team is $3,000, however during these dry times we are using additional water carts, were it is practical, at an additional cost of over $1000 per day. However, some of the network it is still not practical to run two water carts as we will not be able to provide enough water each day to complete the require works.

ISC.06.7 MIDDLEBROOK ROAD WATER SUPPLY

Middlebrook is a small suburb of about 60 properties, zoned predominantly R5 Large Lot Residential, with surrounding RU4 Rural Small Holdings, located approximately 4km from the corner of Liverpool St and Middlebrook Rd. Middlebrook does not have reticulated water or sewer.

A reticulated water supply scheme was proposed about 10 years ago, with the final concept put to a vote by residents in 2009 (see Attachment 1). This was voted down and the scheme was never implemented. Given the current situation, decisions need to be made as to how best to support all the residents in Middlebrook, both now and in the future.

Broad supply concepts to Middlebrook will be put together as part of the Upper Hunter Scoping Study, and may involve backfeed from the new Parkville Reservoir. Implementation maybe 2 or more years away.




ISC.06.8 MURRURUNDI WATER SUPPLY - DROUGHT PLANNING

Over the years, Murrurundi has suffered from several water restrictions due to water quality and quantity issues. Pages River flow rate has been drastically decreased due to current severe drought condition across the Hunter area and this has had an impact on the Murrurundi Dam water level and consequently the town’s water supply.

If current drought conditions continue for another few months, Council has to find alternatives to ensure the portable water supply to Murrurundi community. Council Manager Water & Sewer has had discussions with Department of Industry Water (DoI Water) about ongoing extreme drought conditions which affect Murrurundi water supply.

When a town’s supplies are threatened by drought or blue-green algae outbreaks, the NSW Government will help local water utilities maintain a basic supply to their consumers. The DoI Water will provide technical assistance to local water utilities and will assist in applying for financial assistance from the NSW Government.

ATTACHMENTS

1 Infrastrucutre Services Committee - Summary Minutes

RESOLVED That Council endorse the minutes of the Infrastructure Services Committee meeting held on Tuesday 12 June 2018.

Moved: Cr L Driscoll Seconded: Cr K Fisher CARRIED

ATTACHMENT NO: 1 - INFRASTRUCUTRE SERVICES COMMITTEE - SUMMARY MINUTES ITEM NO: SCR.06.1



Environmental & Community Services


SCR.06.2 DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE


AUTHOR: Mathew Pringle - Director Environmental & Community Services

RECOMMENDATION

That Council: 1. endorse the minutes of the Development & Environmental Services Committee

meeting held on 12 June 2018. 2. DESC.06.1 - refuse Development Application No. 93/2017 for the demolition of the

former stable at Lots 1 and 2 DP 1147319, 33-41 Mount Street, Murrurundi for the reasons listed in Attachment 2 to the report.

Moved: Seconded:

BACKGROUND The Development and Environmental Services Committee is a Standing Committee of Council which considers reports, advice and recommendations of management regarding strategic land use planning, development applications, environmental, health and building related matters. The Committee subsequently makes recommendations to Council in relation to such matters. A meeting of the Development & Environmental Services Committee was held on Tuesday, 12 June 2018. REPORT/PROPOSAL The committee considered a report in relation to Development Application No. 93/2017 for the demolition of the former stable at Lots 1 and 2 DP 1147319, 33-41 Mount Street, Murrurundi. The report recommended that the application be refused for the reasons listed in Attachment 2. The committee supported the recommendation.

ATTACHMENTS

1 Minutes of Development & Environmental Services Committee meeting held on 12 June 2018

2 DA 93/2017 - Reasons for Refusal

RESOLVED that Council:

1. endorse the minutes of the Development & Environmental Services Committee meeting held on 12 June 2018.

Moved: Cr Fisher Seconded: Cr Watts CARRIED




2. DESC.06.1 - approve Development Application No. 93/2017 for the demolition of the former stable at Lots 1 and 2 DP 1147319, 33-41 Mount Street, Murrurundi subject to conditions to be determined by the General Manager.

Moved: Cr Brown Seconded: Cr Collison CARRIED

The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

FOR AGAINST Councillor Bedggood Councillor Abbott Councillor Brown Councillor Fisher Councillor Burns Councillor Collison Councillor Driscoll Councillor Watts Total (6) Total (2)

ATTACHMENT NO: 1 - MINUTES OF DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE MEETING HELD ON 12 JUNE 2018

ITEM NO: SCR.06.2


MINUTES OF THE DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE OF UPPER HUNTER SHIRE COUNCIL HELD ON TUESDAY 12 JUNE 2018 IN THE BARRY ROSE ROOM, SCONE ADMINISTRATION CENTRE COMMENCING AT 10.00AM

PRESENT: Cr Kiwa Fisher (Chair), Cr Sue Abbott, Cr Ron Campbell and Cr Lee Watts. APOLOGIES: Nil IN ATTENDANCE: Cr James Burns, Cr Maurice Collison, Mr Mathew Pringle (Director Environmental & Community Services) and Miss Lisa Casey (Administration Assistant) DECLARATIONS OF INTEREST: Nil PUBLIC PARTICIPATION: Nil AGENDA ITEMS: DESC.06.1 DEVELOPMENT APPLICATION NO. 93/2017 DEMOLITION OF FORMER STABLE Mathew Pringle provided the Committee with an update on the development application which was lodged on 2 July 2017 by Trustees of Church Property for the Diocese of Newcastle. Council previously resolved to defer the application pending submission of further information as noted in the report. On several occasions Council staff had requested this information but it has not been received. The Committee discussed the building’s deteriorating condition. Several Committee members noted that they were anticipating the submission of the requested structural assessment as it would provide expert advice and further information on the building’s structural integrity. Without this, members of the Committee advised they could not support demolition of a heritage item. Accordingly, the Committee resolved to recommend refusal of the application. COUNCILLOR QUESTIONS Cr Abbott Cr Abbott enquired about the construction works occurring at the Royal Hotel in Murrurundi.

Response – Mr Pringle advised that Council had received a development application for building works on site and the application was currently being assessed. Council staff have also become aware that unauthorised building works are being undertaken on the property and as a result have advised the owner to stop work until the development application is determined.


ITEM NO: SCR.06.2


Cr Watts Cr Watts asked if Council had been made aware of the intended use of Aberdeen Silos. She is aware of Aberdeen community members lobbying to have the silos removed but has also heard that there may be artwork painted onto the structures (similar to that proposed for Merriwa Silos).

Response – Mr Pringle confirmed that the Mayor and Senior Council staff had met with the owner of the silos, GrainCorp, who advised that they have no intention of removing the silos and are happy to consider applications for silo art.

Cr Burns Cr Burns requested an update on DA 163/2017 which proposes a 423 lot subdivision adjacent to Gundy Road, Scone. He raised concern in relation to the salinity issue in the locality.

Response – Mr Pringle noted Council’s planner has been liaising with the applicant to obtain additional information as part of the assessment process. He confirmed salinity was being thoroughly investigated as part of the assessment and salinity management information was being sought by the applicant. Mr Pringle advised he would provide the Committee with an update on the salinity monitoring being undertaken at the Strathearn aged care facility on Gundy Road and what salinity investigations were undertaken by RMS in relation to the Bypass.


ITEM NO: SCR.06.2


DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE REPORTS

DESC.06.1 DEVELOPMENT APPLICATION NO. 93/2017 DEMOLITION OF FORMER STABLE


AUTHOR: Christine Robinson - Health, Building & Compliance Coordinator

PURPOSE On 24 July 2017 Council received Development Application No. 93/2017 for the demolition of a former stable building at Lots 1 and 2 DP 1147319, 33-41 Mount Street, Murrurundi. The application does not comply with the Upper Hunter Local Environmental Plan 2013 or the Upper Hunter Development Control Plan 2015. The application was referred to the Development and Environmental Services Committee on 10 October 2017 and Council on 30 October 2017.

RECOMMENDATION That Council refuse Development Application No. 93/2017 for the demolition of the former stable at Lots 1 and 2 DP 1147319, 33-41 Mount Street, Murrurundi for the reasons listed in Attachment 1.

BACKGROUND Applicant: Anglican Parish of Murrurundi Owner: Trustees of Church Property for the Diocese of Newcastle Proposal: Demolition of former stable Location: Lots 1 and 2 DP 1147319, 33-41 Mount Street, Murrurundi Lodged: 24 July 2017 Zone: R1 General Residential Development Application No. 93/2017 for the demolition of a former stable at Lots 1 and 2 DP 1147319, 33-41 Mount Street, Murrurundi was lodged on 24 July 2017. The applicant has advised that the stable building was built in the period between 1854 and 1900 for the purpose of housing the Church Minister’s horse, store the sulky and fodder and provide a room for the stable hand. The building contains original frame and cladding, however doors and roofing have been replaced. REPORT/PROPOSAL The proposal is for the demolition of a former stable building (12.4m x 4.9m). The structure is timber framed and timber clad with an iron roof. Part of the building has a timber floor and part is earth. Some of the roof iron and timber cladding has become damaged and dilapidated. The applicant considers the building to represent a danger to the public, however a structural engineer’s assessment has not been undertaken to substantiate these claims. Plans and photographs of the building are provided in Attachment 3. Council’s Heritage Advisor assessed the application and advised that the stable is likely to be a significant building that is associated with the history of the Church and Rectory. It is a listed


ITEM NO: SCR.06.2


heritage item in the LEP 2013 as part of the St Paul’s Anglican Church. As such, demolition of the building requires the following process to be followed:

The preparation of a statement of heritage impact prepared by a heritage consultant listed on the Office of Environment and Heritage website.

Fabric assessment to establish the significance of the building fabric. Assessment of the significance of the building based on the standard criteria set out in

OEH’s guidelines for the preparation of Statements of Heritage Impact. Assessment of the impact of demolition on the significance values of the place.

A report was previously provided to the Development and Environmental Services Committee on 10 October 2017 and Council on 30 October 2017. Council resolved to defer the application pending submission of a structural engineer’s report regarding the structural condition of the building and a Statement of Heritage Impact. A letter was sent to the applicant on 16 November 2017 advising of the outcome of the Council meeting and requesting the required information. No response was received and a follow up letter was sent on 9 January 2018. Council received a letter on behalf of the Anglican parish on 15 January 2018 requesting advice on the requirements of a Statement of Heritage Impact. A response was provided on 17 January 2018. The requested information has not been submitted and a letter was forwarded to the applicant on 9 May 2018 requesting advice on how they wish for the application to proceed. No information has been submitted. The application has been assessed as unsatisfactory against Section 79C of the Environmental Planning and Assessment Act 1979, Upper Hunter Local Environmental Plan 2013 and the Upper Hunter Development Control Plan 2008. The applicant has not adequately justified the demolition of an item of local heritage significance and therefore the proposal should not be approved. A detailed planning assessment report is provided in Attachment 2. OPTIONS 1. That Council refuse Development Application No. 93/2017 for the demolition of a

former stable at Lots 1 and 2 DP 1147319, 33-41 Mount Street, Murrurundi for the reasons listed in Attachment 1.

2. That Council approve Development Application No. 93/2017 for the demolition of a former stable at Lots 1 and 2 DP 1147319, 33-41 Mount Street, Murrurundi subject to appropriate conditions of consent.

CONSULTATION Surrounding properties were notified of the development proposal between 10 August 2017 and 24 August 2017. An advertisement was placed in the Scone Advocate on 10 August 2017. No submission were received by Council. Internal consultation was undertaken with Council’s Heritage Advisor. Comments from the Heritage Advisor are included in the planning assessment report provided in Attachment 2.


ITEM NO: SCR.06.2


STRATEGIC LINKS a. Community Strategic Plan 2027 This report links to the Community Strategic Plan 2027 as follows: Community Life Goal 2 – Promote wellbeing and a connected, healthy and happy community. Value our heritage and cultural diversity, celebrating together and fostering creativity. Built and Natural Environment Goal 4 – Plan for a sustainable future

Implement and regularly review Strategic Land Use Plans, Environmental Planning Instruments and Development Controls, which reflect the needs and expectations of the broad Community.

Provide efficient and effective advisory, assessment and regulatory services focused on being Customer ‘friendly’, responsive and environmentally responsible.

Plan, facilitate and provide for a changing population for current and future generations.

Implement policies to ensure the protection of strategic agricultural lands, equine critical industry clusters, natural resources and heritage.

We are working to achieve the following Community Priorities:

The recommendation to Council has been made with the above goals and priorities in mind. b. Delivery Program Assessment of the application is in accordance with the Town Planning Community Strategies: CS13 - Implement and regularly review Strategic Land Use Plans, Environmental Planning Instruments and Development Controls, which reflect the needs and expectations of the broad Community, and CS14 – Provide efficient and effective advisory, assessment and regulatory services focused on being Customer ‘friendly’, responsive and environmentally responsible. c. Other Plans Nil IMPLICATIONS

a. Policy and Procedural Implications

Nil

b. Financial Implications

Development Application and associated fees of $380 have been paid.


ITEM NO: SCR.06.2


c. Legislative Implications

An assessment of the development application has been undertaken pursuant to Section 79C of the Environmental Planning and Assessment Act 1979 (see Attachment 2).

d. Risk Implications

Council determinations of development applications in relation to local development can be appealed by a third party in the Land and Environment Court in circumstances where incorrect legal process has been applied. In the case of this development application the relevant considerations under the Environmental Planning and Assessment Act 1979 have been made. There is a low risk of any third party legal appeal in relation to this development application.

Should the application be refused, there is a low risk that the applicant will appeal Council’s decision in the NSW Land and Environment Court.

e. Other Implications

Nil

CONCLUSION

The application has been assessed as unsatisfactory against Section 79C of the Environmental Planning and Assessment Act 1979, Upper Hunter Local Environmental Plan 2013 and the Upper Hunter Development Control Plan 2015.

The application has not adequately justified the demolition of an item of local heritage significance and therefore the proposal should not be approved.

RECOMMENDED that Council refuse Development Application No. 93/2017 for the demolition of the former stable at Lots 1 and 2 DP 1147319, 33-41 Mount Street, Murrurundi for the reasons listed in Attachment 1.

Moved: S Abbott Seconded: K Fisher CARRIED THERE BEING NO FURTHER BUSINESS THE MEETING CONCLUDED AT 10.25AM

ATTACHMENT NO: 2 - DA 93/2017 - REASONS FOR REFUSAL ITEM NO: SCR.06.2


DA 93/2017 - Reasons for Refusal

1. Pursuant to the provisions of Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposed development is inconsistent with the objectives of Clause 5.10 of the Upper Hunter Local Environmental Plan 1993 as it will have an adverse impact on the heritage significance of a local heritage item.

2. Pursuant to the provisions of Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the development application is not supported by a heritage management document required under Clause 5.10(5) of the Upper Hunter Local Environmental Plan 2013.

3. Pursuant to the provisions of Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the proposed development is inconsistent with the objectives of Part 9a of the Upper Hunter Development Control Plan 2015 as it will result in the destruction of, rather than the conservation of, an item of local heritage significance.

4. Pursuant to the provisions of Section 79C(1)(a)(iii) of the Environmental Planning and

Assessment Act 1979, the development application is not supported by a Statement of Heritage Impact as required by Part 9a of the Upper Hunter Development Control Plan 2015.

5. Pursuant to the provisions of Section 79C(1)(b) of the Environmental Planning and

Assessment Act 1979, the proposed development is likely to have an adverse impact on the heritage significance of the site and its surrounds.

6. Pursuant to the provisions of Section 79C(1)(c) of the Environmental Planning and

Assessment Act 1979, the site is not considered to be suitable for the proposed development as it has local heritage significance.

7. Pursuant to the provisions of Section 79C(1)(e) of the Environmental Planning and

Assessment Act 1979, the proposed development is not considered to be in the public interest as the demolition of an item of local heritage significance has not been adequately justified.


Corporate Services


SCR.06.3 FINANCE COMMITTEE


AUTHOR: Wayne Phelps - Manager Finance

RECOMMENDATION That Council

1. endorse the minutes of the Finance Committee meeting held on 20 June 2018 2. amend the draft Delivery Program 2017/2018-2020/2021 and Operational Plan

2018/2019 in response to internal and public submissions.

Moved: Seconded:

BACKGROUND The Finance Committee meets prior to each monthly Council Meeting to consider the Financial Summary Reports, the Cash and Investment Report, and the Responsible Accounting Officer’s Statement. REPORT/PROPOSAL A meeting of the Finance Committee was held on Wednesday, 20 June 2018. The minutes from the meeting are attached. ATTACHMENTS

1 Finance Committee - 20 June 2018 - Summary Minutes - attachments excluded RESOLVED That Council:

1. endorse the minutes of the Finance Committee meeting held on 20 June 2018 2. amend the draft Delivery Program 2017/2018-2020/2021 and Operational Plan

2018/2019 in response to internal and public submissions including the adoption of the following interim waste fees and charges for skip bins at the Merriwa and Murrurundi Waste Management Facilities for the 2018/19 financial year, pending the submission of a further report to Council.

MUNICIPAL - Mixed/General Waste, C&I / C&D

Deemed weight

2018/19 Waste Levy

UHSC Fee 2018/19

Skip Bins (0.8t/m3) - 2 m3 1.6 130.08 130.08

Skip Bins (0.8t/m3) - 3 m3 2.4 195.12 195.12

Skip Bins (0.8t/m3) - 4 m3 3.2 260.16 260.16

Skip Bins (0.8t/m3) - 6 m3 4.8 390.24 390.24

Skip Bins (0.8t/m3) - 8 m3 6.4 520.32 520.32

Weighbridge/Per Tonne 1 81.30 81.30

Moved: Cr L Watts Seconded: Cr M Collison CARRIED

ATTACHMENT NO: 1 - FINANCE COMMITTEE - 20 JUNE 2018 - SUMMARY MINUTES - ATTACHMENTS EXCLUDED

ITEM NO: SCR.06.3


MINUTES OF THE FINANCE COMMITTEE OF UPPER HUNTER SHIRE COUNCIL HELD ON WEDNESDAY 20 JUNE 2018 IN THE BARRY ROSE ROOM, SCONE ADMINISTRATION CENTRE COMMENCING AT 8.30am

PRESENT:

Cr Wayne Bedggood (Mayor), Cr Josh Brown and Cr Kiwa Fisher. APOLOGIES: RESOLVED that the apology received from Cr Ron Campbell be accepted.

Moved: Cr J Brown Seconded: Cr K Fisher CARRIED IN ATTENDANCE:

Cr Sue Abbott, Mr Steve McDonald (General Manager), Mr Steve Pryor (Director Operations), Mr Mathew Pringle (Director Environmental & Community Services) and Mr Wayne Phelps (Manager Finance). RECOMMENDATION: that the Minutes of the Finance Committee held on 23 May 2018 be adopted. Moved: Cr J Brown Seconded: Cr K Fisher CARRIED DECLARATIONS OF INTEREST:

Nil

FCR.06.1 FINANCIAL SUMMARY & INVESTMENT REPORT



RECOMMENDATION

That the Committee:

1. Note the Fund and Function Summary Report; 2. Note the Cash and Investment Report; 3. Note the Responsible Officer’s Statement. Moved: Cr W Bedggood Seconded: Cr J Brown CARRIED

FCR.06.2 OPERATIONAL REPORT



RECOMMENDATION

That the Committee:

1. Note the comments on the budget review by the managers/budget holders; 2. Note the requested variations as detailed in the budget review; 3. Note the Capital Budget Review by the managers/budget holders; 4. Note the comments on the Capital Budget Review by the managers/budget holders. Moved: Cr K Fisher Seconded: Cr J Brown CARRIED


ITEM NO: SCR.06.3


FCR.06.3 CONTRACTORS & EXPENSES REPORT



RECOMMENDATION That the Committee: 1. Note the Contractors Listing for the period; 2. Note the Consultancy and Legal Expenses report for the period. Moved: Cr K Fisher Seconded: Cr J Brown CARRIED

FCR.06.4 DONATIONS SUMMARY



RECOMMENDATION That the Committee note the Year to Date Donations summary for 2017/18. Moved: Cr K Fisher Seconded: Cr J Brown CARRIED

FCR.06.5 RESPONSES TO PREVIOUS QUESTIONS



RECOMMENDATION For notation only.

FCR.06.6 AMENDMENTS TO THE DRAFT DELIVERY PROGRAM AND OPERATION PLAN



A briefing was provided by Manager Sustainability and Waste regarding the operational costs associated with the waste management facilities and its correlation with the proposed fees and charges included in the Operational Plan for 2018/19. RECOMMENDATION That Council amend the draft Delivery Program 2017/2018-2020/2021 and Operational Plan 2018/2019 in response to internal and public submissions. Moved: Cr J Brown Seconded: Cr Wayne Bedggood CARRIED


ITEM NO: SCR.06.3


COUNCILLOR QUESTIONS Asset Management Clr Fisher enquired the position of the Road Safety Officer and funding for this role. Director Operations advised that the role has been vacant for a number of months with the position recently awarded to commence in July. Funding for the role has been invoiced to RMS and the joint councils for their contribution for costs incurred to date. Aged Care Services – Gummun Place Clr Brown noted the vacancies currently open at the facility and enquired the current position of these? Director Operations advised that there was currently four vacancies following a resident’s departure in the last week with one entry expected this week, therefore three further vacancies are to be filled. Mayor Bedggood enquired whether we still have a waiting list for the facility? Director Operations advised that Council does maintain a waiting list for the facility, however it is dependent on the proposed resident being personally ready for entry into the facility. Director Operations also advised that the facility recently underwent an accreditation review which indicated some gaps in the facilities documentation of processes and procedures which are currently being addressed. Economic Promotion Clr Brown enquired where the costs associated with the Skills & development grant were located in the finance papers? Director Operations advised that no costs have yet been expended grant funded project and funds will be transferred to a restricted asset at year end for the unexpended funds. General Manager further advised that Council were in the process of engaging a consultant to liaise with shire retailers providing ideas and methods of store promotion and layout to attract potential customer trade. Tourism & Promotion Clr Brown commented on not meeting the Key Performance indicators for the Visitor Information Centre (VIC) and asked if consideration to targets for next year’s operations had been taken into account? Director Operation advised that the current year’s targets set appeared to be optimistic and that the target set for the 2018/19 will be more realistic for the VIC’s. General Manager also discussed the future rationalisation of the VIC’s and suggested that Council these services will probably change in patronage into the future and Council will need to evolve with these changes. Stormwater Management Clr Fisher enquired whether Council has undertaken the preventive maintenance requirements for the stormwater drainage catchments given the possibility of significant rainfall forecasted. Director Operations advised that Council will ensure that the appropriate maintenance will be completed. Animal Control Mayor Bedggood asked if the “dog pound” could be renamed to reflect “animal shelter”


ITEM NO: SCR.06.3


Director of Operations advised that the wording references will be amended. Mayor Bedggood enquired if the capital works for heating and cooling at the animal shelter had been completed? Question taken on notice to find out current position of works. LG Regulations Clr Fisher enquired as to how many residential pools are required to be inspected within the Shire? Question taken on notice. Community Halls & Centres Clr Fisher enquired the Old Court Theatre upgrade works has stalled given that the approval for the amenities upgrade works was resolved by Council approx. four months ago? Director of Operations advised that delays were caused by the Office of Environmental Heritage approval process, which has now been received. The tender documentation is currently being prepared for advertisement. Also, council has been in discussions with SCADS regarding a performance at the theatre in September 2018, therefore works are not likely to commence until that time. Public Libraries Clr Abbott enquired as to the position of the Scone Library development? General Manager advised that Council is reviewing the position of the development with a number of locations currently being considered as possible destinations. Councilors will be updated following the review within the next couple of months. Swimming Pools Clr Brown asked if Council had reviewed the maintenance conditions and requirements of the pools for next year’s season? Director Operation advised that Council had received the end of season operational report form the Pool Operator Leasee and that a report will be tabled at the next Infrastructure Services meeting. Footpaths and Cycleways Mayor Bedggood asked if Council has reviewed the construction methodology of the Moobi Road cycleway given the length of the cycleway constructed compared to the budget cost and whether some of these allocated funds had been used for road works instead of its intended use? Director Operation advised that this project is currently under review with possible further allocation of funds from other areas for the culvert works undertaken. Question taken on notice for response following review. Clr Abbott enquired whether Council is reviewing it footpath and cycleway strategy as it appears to be limited and poorly designed to achieve outcomes? Director Operations advised that Council will take this under advisement and review its current strategies accordingly. Roads – Regional Clr Fisher asked whether the additional extension of time to the completion date of Willow Tree Road (MR358) was considered sufficient?


ITEM NO: SCR.06.3


Director Operations advised that following discussions with the Special Projects team and Manager of Works Delivery that this extension was sufficient with a number of RFQ currently being requested for inclined works up the hill. Mayor Bedggood enquired why are we requesting these now and not previously given the designs for the works have been completed? Director Operations advised that it is normal practice to engage RFQ’s as the project is in progress so that possible issues during construction can be considered. Roads – Regional Local Clr Brown enquired why the Local Road reseals (KPI) was not met considering the actual costs exceeded budget? Question taken on notice. Transport Ancillaries Clr Abbott enquired where the funds for the town revitalization project have gone given that they have been surrendered from the current year budget? Director Operation advised that these unexpended funds have been quarantined into a restricted asset for use in future year budgets for revitalisation projects. Clr Brown enquired why the funds for Local cultural Organisations included in the Summary of Donations had not been expended? Director operations advised that no requests have been received the Public Arts program during the year. If these funds remain unexpended at year end they will be transferred to a restricted asset for future use. THERE BEING NO FURTHER BUSINESS THE MEETING CLOSED AT 11.45am.




COMMITTEE/DELEGATES REPORTS

C.06.1 AUDIT, RISK AND IMPROVEMENT COMMITTEE


AUTHOR: Chris Connors - Internal Audit/Risk Manager

RECOMMENDATION

That Council: 1. note the minutes of the Audit, Risk and Improvement Committee meeting held on

27 April 2018. 2. endorse the minutes of the Audit, Risk and Improvement Committee meeting held

27 November 2017.

Moved: Seconded:

BACKGROUND

The Audit, Risk & Improvement Committee was established:

To review the long term and annual financial and operational audit plans of the Internal Auditor and to provide strategic direction.

To consider reports, advice and recommendations prepared by the Internal Auditor and the External Auditor, together with relevant information from third parties and to make recommendations to Council on matters placed before the Committee.

To monitor the external reporting and other governance responsibilities of Council. To make recommendations to Council in relation to the formulation of or amendment to

policies, administrative principles and procedures. To be an effective communication forum between the external auditor, internal auditor,

management and Council. REPORT/PROPOSAL

The Audit, Risk & Improvement Committee meets at least four times per year to review matters raised through our internal audit process. The Committee reviews reports from the Internal Auditor and makes any additional recommendations as required.

The minutes of the meeting held on 27 April 2018 are for notation only at this stage until endorsed by the Committee at its next meeting. They will then be presented to Council for endorsement at its next meeting.

ATTACHMENTS

1 Audit, Risk & Improvement Committee - 27 April 2018 - Minutes

RESOLVED That Council:

1. note the minutes of the Audit, Risk and Improvement Committee meeting held on 27 April 2018.

2. endorse the minutes of the Audit, Risk and Improvement Committee meeting held 27 November 2017.

Moved: Cr L Watts Seconded: Cr W Bedggood CARRIED

ATTACHMENT NO: 1 - AUDIT, RISK & IMPROVEMENT COMMITTEE - 27 APRIL 2018 - MINUTES ITEM NO: C.06.1


MINUTES OF THE AUDIT, RISK & IMPROVEMENT COMMITTEE MEETING - FRIDAY 27 APRIL 2018 - 10.00am

PRESENT: Mr Paul Heaton, Mrs Jennifer Hayes, Cr Wayne Bedggood and Cr Sue

Abbott. It was noted that Cr Maurice Collison is not a member of the Committee and his name is to be removed from future agendas.

IN ATTENDANCE: Mr Steve Pryor, Mr Chris Connors and Mrs Robyn Cox (minutes).

1. APOLOGIES RESOLVED That the apologies received from Ms Kim Kalousek and Mr Steve McDonald be accepted. Moved: W Bedggood Seconded: P Heaton CARRIED 2. DISCLOSURE OF INTEREST

P Heaton declared a non-pecuniary, insignificant conflict for the reason that his wife is an employee of Council in the Youth Services department. J Hayes declared a non-pecuniary, insignificant conflict for the reason that she has recently been appointed to Chair of Cessnock City Council’s Audit Committee.

3. PREVIOUS MINUTES RECOMMENDATION That the minutes of the Audit, Risk & Improvement Committee Meeting held on 27 November 2017, as circulated, be taken as read and confirmed as a correct record with amendments that Mr Geoff Allan from Forsyths was in attendance and Ms Lawrissa Chan from NSW Audit Office was an apology. 4. BUSINESS ARISING FROM PREVIOUS MINUTES

Issues previously identified relating to administration of shared drives and implementation of improved key management system were discussed: The Director Operations noted: Shared Drives

o Implementing plan due to long term issue. Key Register

o Has progressed further than originally thought – overall roll-out of the system is mostly implemented with all major facilities now incorporated into the system.

From Action Sheet - Report – Procurement A specific procurement related risk as raised within the interim audit Invoices raised before

purchase order received: o The Director Operations noted that more staff training in contract management and

broader procurement is needed. Paul Heaton noted that this is an ongoing issue and the external auditors will raise it. It is seen as a specific risk. UHSC should look at how often it happens, is there a pattern? This will be raised in the next Interim Audit



5. AGENDA ITEMS

ARIC.04.1 Internal Audit Report - Contract Management 2018

PURPOSE

The purpose of this report is to present to the Committee the results of the internal audit into Contract Management.

The Internal Audit/Risk Manager provided an overview on this report. The following points were discussed by the Committee:

In determination of the audit scope benchmarking against City of Sydney was used. Given that their lowest purchase order or use of a credit card is regarded as a contract this report has focused on recurring, long term, high risk or dollar contracts only.

Overall the UHSC has a greater need for consistency in its management of contracts – thorough records were not always available.

Contract management plans should be applied within Council. Market and risk analyses could be improved prior to entering into contracts. Need to document everything – why the tender is necessary, the objectives and at the end,

what has been achieved? Why one supplier has been chosen and not another needs to be better documented. If

supplier is doing a good job, no reason why Council can’t continue to use them but need to document reasons why.

Significant risk that Council may not be able to prove value for money Large volumes of low value purchases present risks due to lack of associated controls. Council has an obligation to show value for money in all procurement other than the 10%

allowable variation within the terms of the local purchase policy. One purpose of this Committee, through the Internal Auditor, is to break complacency. The Director Operations mentioned that differentiation on invoices of labour costs vs materials

was another challenge – often the preferred supplier used does not provide break-up on invoices

Procedures need to be followed and a sign-off to say things have been done – this requires relying on Managers to do processes correctly – more education required

Invoices are still being produced before purchases orders Familiarity between suppliers & staff is another risk area within the preferred supplier

arrangement A tender process is undertaken every two years for preferred suppliers – performance

management should be undertaken – changes to policy to be considered from hereon in. The Committee raised a concern in relation to the action of sending a memo to staff. Training

should start short-term – not just through an email. Monitoring is important – at higher level Include on Managers & Coordinators Group agenda. Improved determination of when a contract is to be signed Large admin burden – procurement is decentralised at the moment Internal Auditor to spend a day or so to think about cost savings and risk reductions Need to take the time to ask for best price – Is that at Manager level? Is there someone else that should be doing this? Endorsed the Internal Auditor to conduct follow up review to monitor the improvements Need to have a process for picking up when the process not being done properly Record keeping risks:

o Issue finding material saved on home drives after staff leave o Staff use home drives because more familiar than using TRIM – high learning curve for

some o Staff use home drives for working documents before saving final documents in TRIM o Policy – need to keep it live – regular training o Privacy and GIPA request are issues – can be time consuming gather documents o Strong message needs to be put out that this is high risk – to come back to managers

and staff.



RESOLVED

That the Committee: 1. Receive the report and note the recommendations 2. Endorse the management responses outlined in the Internal Audit Report – Contract

Management 2018 3. Seek clarification following review in three months with added deep dive emphasis on

documentation and monitoring of performance. Moved: J Hayes Seconded: S Abbott CARRIED



ARIC.04.2 Proposed Strategic Audit Plan 2018/21

PURPOSE

The purpose of this report is to present to the Committee the proposed Strategic Internal Audit Plan 2018/21 for acceptance, discussion, possible reassessment of priorities and general approval by the Committee.

The Internal Audit/Risk Manager provided an overview of this report with the following comments made by the Committee:

Report gave good sense of logic Community has high focus on sustainability which is reflected in review into Solid Waste

Management Opportunity to keep on track and identify risks Reinforces contract management Committee – helps with oversight Needs to be internal scrutiny – Like to see more meat around this Special Projects team set up due to many high value projects demonstrating UHSC

commitment to managing effectively Multi-million dollar projects delegated to staff who may not always know everything needed Council reputation involved, not just financial management Anything on previous Strategic Plan not going to be looked at? The Internal Audit/Risk Manager asked the Committee the level of verification required. Great reviews – HR, IT, Procurement – have a think about one of the previous outcomes – are

they put in place? Should highlight actions that are risky and difficult to implement No point identifying areas of improvement if not implemented and monitored. Rolling timetable – The Internal Audit/Risk Manager to check – go back 6 to 12 months Example – is the induction process sufficiently improved to have removed the risk identified in

audit? Formal questionnaire – get staff to do work – The Internal Audit/Risk Manager to look at

responses – if significant risk – do some sampling – look for exceptions – is it in place? Should be an issue that is followed up by senior management. Risk Management Committee – is being used to follow-up Table of previous reports – previous recommendations – have they been implemented? Mechanism to Report-back to Committee Feedback – Audit Office are focusing on IT and access granting procedures – This is a

weakness that was previously identified Cyber risk is increasing and appropriate controls must be in place Every 6 months – follow up from the Internal Audit/Risk Manager after reports completed then

2 years after that to ensure not slipping – not the Internal Audit/Risk Manager’s responsibility – ensuring Managers’ responsibility

If not expert – need to get experts in to conduct reviews Audit Plan – if changed – needs to be approved by Senior Management then should come

back through Committee Audit Office – July meeting – plan to attend meeting when report tabled Challenges in terms of meeting deadlines

RESOLVED

That the Committee: 1. endorse the Strategic Internal Audit Plan 2018/21 2. approve the Annual Audit Plan 2018 3. monitor of implementation and monitoring of performance of previous recommendations

Moved: W Bedggood Seconded: J Hayes CARRIED



ARIC.04.3 Audit Action Update

PURPOSE The purpose of this report is to update the Committee on the status of the agreed management corrective action arising from the internal audit The Committee reviewed the Audit Action Plan and noted the contents.



6. ACTION SHEET 7. CORRESPONDENCE Nil 8. GENERAL BUSINESS Jennifer Hayes presented a report ‘NSW Auditor-General’s Report to Parliament, Financial Audit – Report on Local Government 2017’.

Ten performance measures – 6 audited – 4 unaudited Asset Management issue - 96.4% The report is an insight for what’s coming over the next 12 – 24 months The Audit Office report should be presented to the Senior Management Group for possible

action Mayor Wayne Bedggood and Cr Abbott both noted the value in having the Internal Audit Programme and asked whether it was being sustained in the future:

The Director Operations advised that the UHSC structure is being reviewed. Cr Bedggood believes that the Internal Auditor position should be a permanent position

Come back to the Committee to propose the position – including hours and role description Ensure the position remains functionally under the Audit, Risk & Improvement Committee. Recommendation to Council that position should be reviewed to be ongoing permanent

position – should be able to independently meet with the Committee as part of its charter – excluding Councillors and staff – this adds to independence

Mayor Wayne Bedggood informed the Committee that there is an inherent problem that isn’t addressed which can result in an incompetent Council which can bring Council down – how do you attract the right people to represent Council? Need to ensure that the Community know about the roles and responsibilities of becoming a Councillor. Need to protect Council brand which is a part of risk management – 2½ years until next term – need to make sure everyone understands how Council works

Cr Sue Abbott agreed that it can be difficult but stated that it is a democracy. Communications need to be stepped up – to speak to General Manager

Paul Heaton agreed there’s a lot that happens around communications and media Mayor Bedggood suggested the Committee take this away to have a look at Jennifer Hayes suggested looking at the communications and media policies Cr Abbott stated that this issue is not part of this Committee

The Committee held discussion surrounding risk relating to Councillors in regards to matters such as credit cards, conflicts of interest and Councillor competency and whether this would be in the scope of the Audit, Risk & Improvement Committee.

9. NEXT MEETING

Tuesday, 24 July 2018 at 2.00pm

The meeting was declared closed at 12.15pm.


Infrastructure Services


C.06.2 MURRURUNDI REVITALISATION COMMITTEE

RESPONSIBLE OFFICER: Alan Fletcher - Special Projects Manager

AUTHOR: Belinda Olteanu - Special Projects Administrations Officer

RECOMMENDATION

That Council: 1. Note the minutes of the Murrurundi Revitalisation Committee meeting held on 7 May

2018, 2. Endorse the minutes of the Murrurundi Revitalisation Committee meeting held on 19

March 2018, 3. Endorse the minutes of the Murrurundi Revitalisation Committee meeting held on 22

February 2018.

Moved: Seconded:

BACKGROUND

The purpose and objectives of the Murrurundi Town Revitalisation Committee is to provide advice and recommendations to Council on the implementation of the master plan to upgrade Murrurundi CBD. REPORT/PROPOSAL

A review of priorities was finalised at the meeting held on 19 March 2018, which will guide the Landscape Architect in the detailed design of the CBD Revitalisation. Heritage River Trail

At the meeting held on 22 February 2018 the Committee were provided the latest trail plans to enable the draft plans to be finalised. Not all of the infrastructure need be included as per the plan, can be installed as funding allows. Similarly, the trail itself could be quite basic until funding allows the compacted gravel trail to be constructed.

The Committee endorsed the Murrurundi River Tail plans as presented. Town Branding

Two concept palettes were presented to the Committee in February for consideration by Ideation Group, the preferred design was the earthy tones. At the meeting held 7 May 2018 the Committee agreed to ‘An Eclectic Artisan Village’ as part of Murrurundi’s Unique Identity. The artistic illustrations by Fran Wachtel are to be the basis of a town branding exercise using sandwich boards.

The village theme will be further supported by the development of a series of trails including Shopping, Nature/Walks, History/Architecture and Art.

ATTACHMENTS

1 Town Revitalisation Committee - Murrurundi - 22 February 2018 - Minutes

2 Town Revitalisation Committee - Murrurundi - 19 March 2018 - Minutes

3 Town Revitalisation Committee - Murrurundi - 7 May 2018 - Minutes





1. Note the minutes of the Murrurundi Revitalisation Committee meeting held on 7 May 2018,

2. Endorse the minutes of the Murrurundi Revitalisation Committee meeting held on 19 March 2018,

3. Endorse the minutes of the Murrurundi Revitalisation Committee meeting held on 22 February 2018.

Moved: Cr J Brown Seconded: Cr L Watts CARRIED

ATTACHMENT NO: 1 - TOWN REVITALISATION COMMITTEE - MURRURUNDI - 22 FEBRUARY 2018 - MINUTES

ITEM NO: C.06.2


MINUTES OF THE TOWN REVITALISATION COMMITTEE - MURRURUNDI MEETING - MONDAY 19 MARCH 2018 - 6.00pm

PRESENT: Cr Josh Brown, Rodney Swansborough, Lynne Mahony, Robyn Stanford, Colin Stanford, Ray Hynes, Robyn Orman.

IN ATTENDANCE: Alan Fletcher 1. APOLOGIES

RECOMMENDATION

That the apologies received from Margie Cooper be accepted. 2. DISCLOSURE OF INTEREST

Nil 3. PREVIOUS MINUTES RECOMMENDATION

That the minutes of the Town Revitalisation Committee - Murrurundi Meeting held on 22 February 2018, as circulated, be taken as read and confirmed as a correct record. Moved: Robyn Ormond Seconded: Rodney Swansborough CARRIED 4. BUSINESS ARISING FROM PREVIOUS MINUTES

Review of Priorities

Welcoming and Memorable

1 Prepare a coordinated palette of external materials and colours and signage 2 Develop historical boards and heritage information boards/online maps that

provides information about heritage buildings and history of the town 3 Investigate opportunities for adaptive reuse of Court House precinct 4 Develop a detailed design concept for Mayne St that includes tree species and

locations. Plant new large street trees along Victoria St, Wades Lane and Adelaide St and along southern side of Mayne St where no power lines

Vibrant and Diverse

1 Explore the provision and promotion of free Wi-Fi in strategic locations in Murrurundi

2 Refurbish existing street furniture 3 Explore additional opportunities for music/food in main streets during festivals 4 Explore the use of pop-up events to utilise vacant shops

Convenient and Accessible

1 Prepare a detailed streetscape design for Adelaide St intersection, including street furniture, species, etc, including pergola for the Adelaide St precinct.

1 Encourage a slower traffic speed treatments through design, increased visibility and pedestrian access points

Clear and Shared Vision

1 Prepare and adopt a street tree masterplan for the town 2 Prepare and adopt a public domain manual for street furniture and treatments 2 Prepare and adopt a public art strategy for town

ATTACHMENT NO: 1 - TOWN REVITALISATION COMMITTEE - MURRURUNDI - 22 FEBRUARY 2018 - MINUTES

ITEM NO: C.06.2


5. AGENDA ITEMS 5.1 Murrurundi Heritage River Trail DEFERRED 5.2 Town Branding DEFERRED 6. ACTION SHEET 7. CORRESPONDENCE Nil 8. GENERAL BUSINESS There was a general review of improvement priorities (refer to table above) Discussion regarding pergola on corner of Adelaide St (in front of blue shop) Murrurundi workshop for low water use Tree planting for Masterplan Gardens at VIC/RTC require attention 9. NEXT MEETING 6.00pm Monday 7 May 2018 The meeting was declared closed at 6.45pm

ATTACHMENT NO: 2 - TOWN REVITALISATION COMMITTEE - MURRURUNDI - 19 MARCH 2018 - MINUTES

ITEM NO: C.06.2


MINUTES OF THE TOWN REVITALISATION COMMITTEE - MURRURUNDI MEETING - THURSDAY 22 FEBRUARY 2018 - 6.00pm

PRESENT: Cr J Brown, Colin Stanford, Margie Cooper, Ray Hynes, Robin Stanford, Rodney Swansborough

IN ATTENDANCE: Louisa Bragg, Sean Constable, Glen and Robin, Robyn Orman, Alan Fletcher

1. APOLOGIES

RECOMMENDATION

That the apologies received from Mark Martin be accepted.

2. DISCLOSURE OF INTEREST 3. PREVIOUS MINUTES RECOMMENDATION

That the minutes of the Town Revitalisation Committee - Murrurundi Meeting held on 13 February 2018, as circulated, be taken as read and confirmed as a correct record. Moved: Ray Hynes Seconded: Margie Cooper CARRIED 4. BUSINESS ARISING FROM PREVIOUS MINUTES 5. AGENDA ITEMS

TRMd.02.1 Murrurundi Heritage River Trail

PURPOSE The purpose of this report is to provide the committee with the latest trail plans so that the draft plans can be finalised. It was noted that not all the infrastructure needs to be included as per the plans or it can be installed as funding allows. The first stage of the trail can be a basic trail until such time as funding allows the compacted gravel trail to be constructed. Work needs to be undertaken at the steep cutting near the church to prevent further erosion. It was also stated that vehicles have been seen accessing the trail so to prevent this, bollards should b installed at appropriate locations. Council needs to support local beautification activities such as Pages River Warriors to maintain gardens and parklands that they work very hard to create. At the moment the volunteers do not have the resources to undertake maintenance as well as initial clearing. ACTION: Council to assess if a slasher can be used on path along river behind the school and Bowling Club – this section of trail it is currently being done by push mower by volunteers but could be quickly done by Council slasher.

ATTACHMENT NO: 2 - TOWN REVITALISATION COMMITTEE - MURRURUNDI - 19 MARCH 2018 - MINUTES

ITEM NO: C.06.2


RECOMMENDATION

That the committee endorse the Murrurundi River Trail plans as presented. Moved: Rod Swansborough Seconded: Ray Hynes CARRIED 5.2 Murrurundi Town Branding

Ideation Group presented their latest concepts for consideration. Two options were presented to the committee for consideration. The committee endorsed the earthy tones for colour palette and supported the “ECLECTIC ARTISAN VILLAGE” theme.

This will now be developed into creative elements for the committee’s consideration.

A series of trails can be developed, along the lines of the existing shopping trail pamphlet. The artistic pictures prepared by Fran Wachtel should be used across all mediums because they link art and heritage and can be used to tie in the different trails. The four (4) categories of trails will be:

Shopping Trail (existing) Nature/walks History/architecture Art

All businesses are encouraged to register with Google Maps, as this will allow visitors to located their businesses when using the App. 6. ACTION SHEET

7. CORRESPONDENCE

NIL 8. GENERAL BUSINESS

Need to get the small stuff done – gardens, signage, to Paradise Park etc just so that the community can see that the committee is achieving something. It was noted that the committee has focused on some large projects that have a long lead time.

Planting in the water troughs would add some immediate colour to the highway.

Directional signage should be installed to let travellers know what can be found off the highway. Council staff advised that to achieve this the committee needs to provide a list of priority signs and locations so that they can be ordered and installed. Examples include swinging bridge, Paradise Park, Gaol and police station ACTION FOR COMMITTEE:

To revisit the priority list endorsed by Council to determine the next quick wins for the action plan.

Provide a list of required signs and locations for Council to consider 9. NEXT MEETING

Monday 19th March, 2018 at 6pm

The meeting was declared closed at 7.30pm.

ATTACHMENT NO: 3 - TOWN REVITALISATION COMMITTEE - MURRURUNDI - 7 MAY 2018 - MINUTES

ITEM NO: C.06.2


GO

MINUTES OF THE TOWN REVITALISATION COMMITTEE - MURRURUNDI MEETING - MONDAY 7 MAY 2018 - 6.00pm

PRESENT: Cr Josh Brown, Colin Stanford, Margie Cooper, Ray Hynes, Robin Stanford, Rodney Swansborough, Dinah Norton IN ATTENDANCE: Alan Fletcher Manager Special Projects UHSC

1. APOLOGIES

RECOMMENDATION

That the apologies received from Lynne Mahony be accepted. Moved: R Stanford Seconded: R Hynes CARRIED

2. DISCLOSURE OF INTEREST Nil 3. PREVIOUS MINUTES

RECOMMENDATION

That the minutes of the Town Revitalisation Committee - Murrurundi Meeting held on 19 March 2018, as circulated, be taken as read and confirmed as a correct record. Moved: R Hynes Seconded: M Cooper CARRIED 4. BUSINESS ARISING FROM PREVIOUS MINUTES

Alan Fletcher advised that a review of priorities was used for the Landscape Architect. Cr Brown discussed improving garden maintenance. Work has been carried out on the

garden in front of the RTC and mowing of an additional walking trail/route along the Pages River near the Bowling Club and Murrurundi Public School. Ray Hynes suggested replacing some of the gardens with hedges.

5. AGENDA ITEMS 5.1 Branding – Ideation Group The committee discussed the information in the ‘Murrurundi Unique Identity’ document, arriving at the following conclusions:

1. Fran Wachtel’s pictures are to be the basis of town branding exercise for ‘sandwich boards’. 2. The committee recommend a business subsidy to participating business owners in the

branding exercise. 3. Create an A-Frame as an example as part of a consultative process in the local business

community. There is a possibility that the Men’s Shed may be able to make some sandwich boards.

4. It was agreed to endorse a rename to ‘An Eclectic Artisan Village’

Moved: R Swansborough Seconded: D Norton CARRIED

ATTACHMENT NO: 3 - TOWN REVITALISATION COMMITTEE - MURRURUNDI - 7 MAY 2018 - MINUTES

ITEM NO: C.06.2


5.1 Draft Detail Design Brief of Murrurundi CDB Revitalisation

Alan Fletcher to provide a copy of the Brief to Committee members. Committee members to provide comments by email by COB Wednesday 9 May.

6. ACTION SHEET 7. CORRESPONDENCE Nil 8. GENERAL BUSINESS

Ray Hynes raised the issue of the letter sent from Mat Pringle regarding buildings within the heritage area – residents need clarification, some people thought that something was wrong with their buildings.

9. NEXT MEETING 9th July 2018 The meeting was declared closed at 7.30pm.




C.06.3 COMMUNITY SERVICES COMMITTEE

RESPONSIBLE OFFICER: Kerri Cone - Manager Community Services

AUTHOR: Heather Ranclaud - Community Services Officer - Murrurundi

RECOMMENDATION That Council:

1. note the minutes of the Community Services Committee meeting held on 12 June 2018.

2. endorse the minutes of the Community Services Committee meeting held on 10 April 2018.

Moved: Seconded:

BACKGROUND The Community Services Committee is a Section 355 Committee of Council responsible for overseeing a range of plans and strategies including the Crime Prevention Plan, Cultural Plan, and the Disability Inclusion Action Plan. REPORT/PROPOSAL At the Meeting held on 12 June, members recommended that Council:

1. Endorse the amended minutes of the meeting held on Tuesday 10 April 2018 2. Note the minutes of the meeting held on Tuesday 12 June 2018 3. Endorse Ms Angela Hayes as a member of the Community Services Committee

ATTACHMENTS

1 Minutes of the Community Services Committee Meeting held 10 April 2018

2 Minutes of the Community Services Committee Meeting held 12 June 2018


1. note the minutes of the Community Services Committee meeting held on 12 June 2018.

2. endorse the minutes of the Community Services Committee meeting held on 10 April 2018.


ATTACHMENT NO: 1 - MINUTES OF THE COMMUNITY SERVICES COMMITTEE MEETING HELD 10 APRIL 2018

ITEM NO: C.06.3


MINUTES OF THE COMMUNITY SERVICES COMMITTEE MEETING - TUESDAY 10 APRIL 2018 - 4pm

PRESENT: Cr Lee Watts (Chairperson), Mrs Phoebe Begg, Mrs Carol Ray, Mr Rodney

Swansborough, Cr Lorna Driscoll, Mr John Driscoll, Mrs Debbie Camps, Inspector Guy Guiana, Ms Susan McClure and Marie Laurie.

IN ATTENDANCE: Mrs Kerri Cone, Mrs Heather Ranclaud, Mrs Tash Taaffe (minutes) Carol Ray left the meeting at 5.42pm

1. APOLOGIES RECOMMENDATION That the apologies received from Mayor Wayne Bedggood, Ms Nicky Western, Mrs Angela Hayes, Mrs Caroline Hayes, Mrs Rebecca Eveleigh, Mrs Amanda Catzakiris, Ms Mary Spora be accepted.

Moved: Mrs Phoebe Begg Seconded: Mrs Debbie Camps CARRIED 2. DISCLOSURE OF INTEREST Mrs Debbie Camps declared an interest in matters pertaining to the Early Learning Centre. 3. PREVIOUS MINUTES RECOMMENDATION That the minutes of the Community Services Committee Meeting held on 13 February 2018, as circulated, be taken as read and confirmed as a correct record.

Moved: Mr John Driscoll Seconded: Mrs Carol Ray CARRIED 4. BUSINESS ARISING FROM PREVIOUS MINUTES 4.1 Committee Feedback on Events in 2018 No feedback noted at this time. 4.2 Update on Scone Neighbourhood Centre The Virtual Shed program and associated funding has ended. The Scone Neighbourhood Resource Centre (SNRC) is now focussed on securing funding to keep going. Lee Watts has reduced her hours and may need to reduce other staff hours or reduce opening hours. The SNRC currently receives $70,000 a year from FaCS funding and various fundraising projects throughout the year. 4.3 Update on Young Endeavour and other options Deferred to the next meeting. Investigate any opportunities for other youth events that would extend the benefits to more young people – currently 6 berths a year. For example Outward Bound, Where There’s A Will leadership programs. One option may be to sponsor 2 berths, use the remaining funding for another program or alternate with other opportunities such as a camp one year, Young Endeavour the following year. Debbie Camps suggested programs that not necessarily target disadvantaged or the high achievers, perhaps the middle of the road students. Mary Spora to provide a report for the next meeting. 4.4 Update on Emergency Accommodation No successful grants to renovate the Scone emergency accommodation house have been received to date. Phoebe Begg advised local homeless services are at capacity and books are closed for new referrals. Compass Housing has a huge waiting list.


ITEM NO: C.06.3


Recommendation: That Council approach the Local Member requesting representation with the Minister for Housing regarding the homelessness issues and gross shortage of accommodation in our region. Refer to Amanda Catzakiris for statistics to support the request.

Moved: Rodney Swansborough Seconded: Guy Guiana CARRIED 5. AGENDA ITEMS 5.1 Sports Participation Report Not submitted 5.2 Youth Services Report Not submitted 5.3 Children’s Services Report Not submitted 5.4 Community Services Report Tabled and circulated, taken as read. In addition to the report there was further discussion about the Murrurundi CWA considering closure, revitalising the brand of CWA and attracting new members. Blue Star will be rebranded in 2018 back to Tidy Towns. Heather Ranclaud asked if there were any worthy projects to contact Community Services. Lee Watts suggested a media release to attract nominations. Eg. renewable energy at hostel, Early Learning Centre; Aberdeen bin project; Boomerang Bags. Cr Lee Watts noted there are three workshops being held to promote the use of more energy efficient appliances with participants with a Centrelink or Health Care card to receive 50 to 60% off the appliance price. Kerri Cone invited the Committee to the Kaput series of performances in Scone, Murrurundi and Merriwa in May. Carol Ray advised the Scone Harmony Day function clashed with a Council meeting. Upper Hunter Ageing Feasibility Strategy update – only one consultant applied and their costs were greater than grant funds available. Discussions suggested readvertising and encouraging any suitably qualified people to apply to the advertisement. Access Inclusion Committee – Kerri Cone advised she is in the process of developing a charter. Advertisements seeking committee members will be posted in the next few months. Disability Inclusion Action Plan – the Committee will review a DIAP at the next meeting. International Day for People with a Disability – this is taking place in December. Debbie Camps suggested making it a day for everyone and to look at partnerships with local services or schools. The Committee will give this more consideration at the next meeting. NAIDOC – Round table discussion about potential projects such as a farmer/understanding the land project partnering with Local Land Services, bush foods, Aboriginal crafts with Michelle Earl, weaving workshops in Murrurundi and Merriwa (dependent on funding) and partnership opportunities with Wanaruah Lands Council. RECOMMENDATION That the Committee note the Community Services Report.

Moved: Mrs Debbie Camps Seconded: Mr Rodney Swansborough CARRIED


ITEM NO: C.06.3


Cr Lee Watts requested regular verbal or written reports from community, youth and children services officers at meetings throughout the year if and when they have something interesting or relevant to report to the Committee. 5.5 Police Local Area Command Report Inspector Guy Guiana provided a verbal report. Highlights of the statistical report include; 2 reports of malicious damage in Scone, 9 - stealing (6 - Scone, 1 – Murrurundi, 1 Cassilis and 1 - Merriwa), 15 – break and enter (12 Scone and 2 Murrurundi, 1 Merriwa), 4 - domestic violence (3 Scone 1 Merriwa), 1 – assault (Scone), 1 (Merriwa) - stolen motor vehicles and 3 - steal from a motor vehicle (1 – Scone, 1 – Merriwa, 1 Cassilis). Charges across the Command 1240 charges, 9% - (111) in Upper Hunter. Where There’s A Will are training a further 20 police as part of Mental Health First Aid training. Guy will assist Heather Ranclaud to draft a media release regarding crime prevention that can be distributed to local media. 6. ACTION SHEET-nil 7. CORRESPONDENCE -nil 8. GENERAL BUSINESS

8.1 Stronger Country Communities Fund - Council is seeking projects regarding improving community infrastructure by Friday 13 April. Cr Lorna Driscoll suggested new toilets at Jockey Park in Aberdeen, Grandstand and change rooms upgrade at Murrurundi; Debbie Camps suggested accessible halls.

8.2 Local Events – Aberdeen’s Michael Crossland will be a guest speaker at St Joseph’s High School event on 1st of May as part of Mental Health Week. Transcare have a free event as part of Seniors Week Thursday 12 April from 10am till 2pm. Anzac Day in Aberdeen – a new sub branch, all welcome. Scone Neighbourhood Centre are hosting Connect Day – connecting the community, supporting those less fortunate with free haircuts, massage, pedicure as well as access to a range of services from 9am to 1pm on 11 April.

8.3 Murrurundi Hospital Update – Rodney Swansborough provided an update on the Murrurundi Local Health Committee progress to date as tabled in the Local Health Report 2016/17 Murrurundi Health Service available at http://www.hnehealth.nsw.gov.au/about/Documents/lhr-murrurundi.pdf. Comments specifically about the increase in telehealth services in regional areas, challenges of attracting and retaining quality doctors, VMO role has been readvertised, future of health services in the area, privatisation of facilities.

9. NEXT MEETING – Tuesday 12 June 2018 The meeting was declared closed at 5.48pm

ATTACHMENT NO: 2 - MINUTES OF THE COMMUNITY SERVICES COMMITTEE MEETING HELD 12 JUNE 2018

ITEM NO: C.06.3


MINUTES OF THE COMMUNITY SERVICES COMMITTEE MEETING - TUESDAY 12 JUNE 2018 – 4.05pm

PRESENT: Cr Lee Watts (Chairperson), Cr Lorna Driscoll, Mrs Phoebe Begg, Mrs Marie Laurie, Mrs Carol Ray, Ms Debbie Camps, Ms Angela Hayes, Insp Guy Guiana.

IN ATTENDANCE: Mrs Kerri Cone, Mrs Amanda Catzikiris, Ms Mary Spora, Mrs Heather Ranclaud (minutes)

1. APOLOGIES

RECOMMENDATION

That the apologies received from Mrs Caroline Hayes, Mr Rodney Swansborough, Mr John Driscoll, Ms Rebecca Eveleigh, Ms Susan McClure, Mrs Tash Taaffe and Ms Nicky Western be accepted.

Moved: Cr Lorna Driscoll Seconded: Mrs Marie Laurie CARRIED

2. DISCLOSURE OF INTEREST- Ms Debbie Camps declared an interest in matters pertaining to the Early Learning Centre.

3. PREVIOUS MINUTES

RECOMMENDATION

That the minutes of the Community Services Committee Meeting held on 10 April 2018, as circulated, be taken as read and confirmed as a correct record, with the words in the recommendation on page 2 to be amended from “low income housing” to “accommodation” Moved: Cr Lorna Driscoll Seconded: Mrs Marie Laurie CARRIED 4. BUSINESS ARISING FROM PREVIOUS MINUTES 4.1 Update on Young Endeavour Scheme (YES)- Mary Spora led a discussion on aspects of the YES including benefits for participants and the challenges securing ongoing sponsorship. Information on the Duke of Edinburgh’s International Awards was circulated. Note: YES and Duke of Edinburgh’s International Awards to be discussed at the next meeting. 4.2 Update on Emergency Accommodation- Amanda Catzikiris provided information on statistics on homelessness support for Upper Hunter, Muswellbrook and Singleton districts. Note: an update from Upper Hunter Homeless Support to be provided at the next meeting. 5. AGENDA ITEMS

5.1 Reports:

Sports Participation and Youth Services written reports were discussed.

RECOMMENDATION- that the Committee note the reports. Moved: Ms Debbie Camps Seconded: Insp Guy Guiana CARRIED

ATTACHMENT NO: 2 - MINUTES OF THE COMMUNITY SERVICES COMMITTEE MEETING HELD 12 JUNE 2018

ITEM NO: C.06.3


Community Services Report- The Cancer Council will cease investment in the Eat it to Beat it program from the end of June. The information sessions have been run across the Upper Hunter for several years, aiming to increase the amount of fruit and vegetables in children’s diets. It is estimated that 98% of children do not eat enough fruit and vegetables. Meals on Wheels have developed a Community Sector Disaster Recovery Plan template. Hunter New England Health have presented a report on Health Literacy at the recent Partnership Forum. Note: this will be an agenda item at the next meeting.

Children’s Services Report- held over

Local Area Command- Insp Guy Guiana presented recent statistics for the Upper Hunter Shire with stealing, break and enter, and domestic violence incidents all lower in May. There were zero reported assaults. There will be a Community Precinct Meeting in Muswellbrook on 24 July.

5.2 Disability Inclusion Action Plan (DIAP) Review- Mrs Kerri Cone advised that a review had commenced. This is due for completion, and will be included in the Annual Report. 5.3 International Day for People with a Disability- members discussed options for inclusive events to acknowledge and celebrate the day. 5.4 Charter for Access and Inclusion Committee- members were advised that positions have been advertised with 2 nominations received. The Charter is currently being drafted. 6. ACTION SHEET

Agenda items for next meeting: YES and Duke of Edinburgh programs Upper Hunter Homeless Support update Health Literacy presentation RAP

7. CORRESPONDENCE

7.1 Nomination for Committee membership-Ms Angela Hayes RECOMMENDATION- that Council endorse Ms Angela Hayes as a member of the Community Services Committee. Moved: Mrs Marie Laurie Seconded: Insp Guy Guiana CARRIED 7.2 Upper Hunter NAIDOC Week Awards- members were advised that Council is the sponsor of the Male Sportsperson of the Year in the 2018 Awards. Discussion on the possibility of developing a Reconciliation Action Plan (RAP) will be an agenda item for the August meeting.

8. GENERAL BUSINESS 8.1 Continuing drought and increased numbers of deer and kangaroos on roadsides- members raised concerns about road safety and responsibility for disposing of road kill.

9. NEXT MEETING The meeting was declared closed at 5.33pm.




DEVELOPMENT REPORTS

D.06.1 LIVERPOOL RANGE WIND FARM - DRAFT VOLUNTARY PLANNING AGREEMENT


AUTHOR: Mathew Pringle - Director Environmental & Community Services

PURPOSE The purpose of this report is to seek Council’s endorsement of a draft Voluntary Planning Agreement in respect of the Liverpool Range Wind Farm before it is placed on public exhibition.


1. adopt the draft Voluntary Planning Agreement between Upper Hunter Shire Council, Warrumbungle Shire Council and Epuron Pty Ltd in respect of the Liverpool Range Wind Farm.

2. place the draft Voluntary Planning Agreement on public exhibition for at least 28 days in accordance with Section 7.5 of the Environmental Planning and Assessment Act 1979.

Moved: Seconded:

BACKGROUND On 27 March 2018, the Department of Planning and Environment under the delegation of the Minister for Planning, approved Development Application No. SSD 6696 for the Liverpool Range Wind Farm. The approved development involves the installation, operation, maintenance and decommissioning of a wind farm comprising up to 267 turbines, with a maximum tip height of 165 metres (m) and hub height of 100 m. Should all 267 proposed turbines be built, the project would have a generating capacity of approximately 960 megawatts (MW) depending on the turbine models chosen. The wind farm would be the largest wind farm in NSW, generating up to 2,760,000 megawatt hours (MWh) of electricity annually, which is equivalent to the energy consumption of about 460,000 homes. Forty-nine (49) of the 267 turbines will be located within the Upper Hunter Shire Local Government Area. Condition No. 17 of the development consent requires the Applicant to enter into a Voluntary Planning Agreement (VPA) with Upper Hunter Shire Council and Warrumbungle Shire Council. REPORT/PROPOSAL Under the terms of the draft VPA, the wind farm proponent, Epuron Pty Ltd, is required to make annual development contributions towards a Community Enhancement Fund and a Road Maintenance Fund to be managed by Warrumbungle Shire Council.




The annual development contributions payable by the developer is the greater of:

(a) $3,000 (increased by CPI) x the number of installed turbines on the land as at the due date for payment; or

(b) $100,000 (increased by CPI). The Community Enhancement Fund is to be administered by a joint Section 355 Committee and will provide grants for community initiated projects that may benefit communities within a 20km radius of the wind farm. Grant recipients must be an incorporated or registered not-for-profit association, or a local council or a Crown Reserve Trust.

The Road Maintenance Fund is to be used for the maintenance of roads in the local government areas of the Upper Hunter and Warrumbungle Shire Councils, with preference given to the roads in the vicinity of the development. The road maintenance fund is not to be used for road upgrades required to be undertaken by the developer as part of the development consent.

Some of the key provisions of the agreement include:

The annual development contribution payable by the developer includes an administration allowance of $20,000 (increased by CPI) to cover all administrative costs incurred by the host Councils associated with administering the agreement, including the establishment and operation of the S355 Committee, the allocation of the development contributions and auditing the disbursement of the development contributions.

Within 12 months of the commencement of construction the developer must provide to the host Councils a bank guarantee in the amount of $100,000.

The developer must pay the host Councils’ costs of preparing, negotiating and executing the agreement as follows: a) $25,000 within seven (7) days of execution of the agreement; and b) A further $25,000 within six (6) months of execution of the agreement or prior to

any assignment or transfer of the developer’s interest in the development, whichever occurs first.

Contributions are payable by the developer from the date of commencement of construction and cease upon completion of decommissioning.

Section 7.5 of the Environmental Planning and Assessment Act 1979 requires public notice to be given of the draft VPA for a period of not less than 28 days. The VPA must be exhibited with an explanatory note.

A copy of the Draft VPA and explanatory note is provided in Attachments 1 and 2 respectively. OPTIONS

1. (a) adopt the draft Voluntary Planning Agreement between Upper Hunter Shire Council, Warrumbungle Shire Council and Epuron Pty Ltd in respect of the Liverpool Range Wind Farm.

(b) place the draft Voluntary Planning Agreement on public exhibition for at least 28 days in accordance with Section 7.5 of the Environmental Planning and Assessment Act 1979.

2. Not adopt the draft Voluntary Planning Agreement in its current form.




CONSULTATION

Warrumbungle Shire Council Epuron Pty Ltd Department of Planning and Environment

STRATEGIC LINKS a. Community Strategic Plan 2027 This report links to the Community Strategic Plan 2027 as follows: Goal 4 – Plan for a sustainable future Goal 6 - Increase, enhance and maintain civil infrastructure, community assets and open

spaces to meet the needs of current and future generations. Goal 7 – Enhance and improve the road network and bridges to meet the needs of current and

future generations and communicate priorities and progress to the community. Goal 9 – Advocate for the community We are working to achieve the following Community Priorities:

b. Delivery Program

Undertake roads maintenance and construction works to Council standards and

specifications so as to improve road safety and minimise future expenses. Ensure sustainable projects are undertaken by community groups that work towards

addressing community objectives.




c. Other Plans

Nil IMPLICATIONS a. Policy and Procedural Implications

Nil


On the basis that all 267 turbines are constructed, the total annual contributions payable by the wind farm owner under the VPA would equate to approximately $801,000 (in today’s dollars). Of this, $147,000 per annum would be attributable to the 49 turbines located within the Upper Hunter Shire LGA.

Taking into account the administration allowance of $20,000 per annum and an allocation of 30% of the net balance to the Road Maintenance Fund, approximately $234,300 per annum would be available for road maintenance across both LGA’s. Of this, it is estimated that approximately $55,061 (23.5%) would be available each year for the maintenance of roads impacted by the wind farm within the Upper Hunter Shire LGA.


The VPA will be placed on public exhibition for at least 28 days in accordance with Section 7.5 of the Environmental Planning and Assessment Act 1979.


All parties to the VPA have invested considerable time and effort in preparing, negotiating and reviewing the agreement to ensure that risks are mitigated. The agreement has been reviewed by legal representatives of each party and various clauses have been incorporated into the document relating to dispute resolution, enforcement and security, bank guarantee and assignment which will minimise the risks to Council.


Nil CONCLUSION

The VPA will provide significant funds for community enhancement and road maintenance in the Cassilis/Coolah area for the life of the Liverpool Range Wind Farm. Accordingly, adoption of the draft VPA is considered to be in the best interests of the community.

ATTACHMENTS

1 Draft Voluntary Planning Agreement for Public Exhibition

2 Explanatory Note





1. adopt the draft Voluntary Planning Agreement between Upper Hunter Shire Council, Warrumbungle Shire Council and Epuron Pty Ltd in respect of the Liverpool Range Wind Farm.

2. place the draft Voluntary Planning Agreement on public exhibition for at least 28 days in accordance with Section 7.5 of the Environmental Planning and Assessment Act 1979.

Moved: Cr J Brown Seconded: Cr J Burns CARRIED

ATTACHMENT NO: 1 - DRAFT VOLUNTARY PLANNING AGREEMENT FOR PUBLIC EXHIBITION

ITEM NO: D.06.1


Liverpool Range Wind Farm

Voluntary Planning Agreement

between

Epuron Pty Ltd

jointly with

Warrumbungle Shire Council

and

Upper Hunter Shire Council


ITEM NO: D.06.1


Date:

PARTIES

1. Warrumbungle Shire Council ABN 63 348 671 239 of 20‐22 John Street, Coonabarabran NSW

2357 (‘Warrumbungle Shire Council’);

and

2. Upper Hunter Shire Council ABN 17 261 839 740 of 135 Liverpool Street, Scone NSW 2337

(‘Upper Hunter Shire Council’); (together referred to as the “Host Councils”)

and

3. Epuron Pty Ltd (ACN 104 503 380) of 75 Miller Street North Sydney, NSW 2060 (‘Company’).

BACKGROUND

A. The Land is primarily situated in the Local Government Areas of the Host Councils, in central

NSW located between the townships of Coolah to the northwest and Cassilis to the southeast.

B. As contemplated by section 7.4 of the Act (‘planning agreements’), the Company wishes to

make, and the Host Councils wish to receive, Development Contributions for the benefit of the

local communities impacted by Liverpool Range Wind Farm, and to do so efficiently and

equitably through the management services provided by one of the Host Councils, and in

accordance with the recommendations made by the Committee in accordance with this

Agreement.

OPERATIVE PROVISIONS OF THIS AGREEMENT

Planning Agreement under the Act

The Parties agree that this Agreement is a planning agreement governed by Subdivision 2 of

Division 7.1 of Part 7 of the Act.

Application of this Agreement

This Agreement applies to the Development Consent.

Operation of this Agreement

Commencement

This Agreement commences on the date of its execution by all the parties, provided that such

date occurs after compliance with the public notice obligations in section 7.5 of the Act.

Termination

This Agreement remains in force until:

(a) terminated by operation of Law,

(b) the Parties agree in writing to terminate this Agreement, or

(c) all the Company’s obligations under this Agreement have been performed to the written

satisfaction of the Host Councils.


ITEM NO: D.06.1


Definitions and Interpretation

Definitions

In this Agreement, the following definitions apply:

Act means the Environmental Planning and Assessment Act, 1979.

Administration Allowance means the annual monetary contribution of $20,000 (increased by

CPI) being part of the Development Contributions payable by the Company to the Host

Councils in accordance with clause 5 to cover all administrative costs incurred by the Host

Councils associated with administering this Agreement, including the establishment and

operation of the Committee, the allocation of the Development Contributions and auditing

the disbursement of the Development Contributions.

Agreement means this Voluntary Planning Agreement including any schedules and annexures.

Bank Guarantee means an irrevocable and unconditional guarantee that is not limited in time and does not expire, provided by a major Australian trading bank, containing terms and conditions reasonably acceptable to the Host Councils, to pay an amount or amounts of money to the Host Councils on demand in accordance with clause 13.3 of this Agreement.

BBSW means the Bank Bill Swap rate as administered by ASX Limited, or any other short-term rate used in the financial markets as a lending reference rate as the Parties may agree.

Business Day means a day on which banks are open for general business in Sydney excluding Saturdays, Sundays and public holidays in Sydney.

Committee means a committee established by resolution of the Host Councils pursuant to

section 355 of the Local Government Act 1993 in accordance with clause 6(a) of this

Agreement.

Community Enhancement Fund means the portion of the Development Contributions stated

in clause 5.4(b) to be used for the Public Purpose in accordance with the provisions in

Schedule 2.

Commencement of construction means the date notified to the Council under clause 5.1(a) of

this Agreement.

CPI means the Consumer Price Index (All Groups, Sydney) published by the Australian Bureau

of Statistics from time to time or if that index ceases to be published, such other index as the

Host Councils and the Company may agree.

Decommission means for the purposes of clause 5.1(e) of this Agreement, the permanent

removal of wind turbines and any associated above ground infrastructure however does not

include decommissioning for refurbishment and Decommissioned and Decommissioning are

to be interpreted accordingly.

Development means the ‘Liverpool Range Wind Farm’ as described in the Development

Consent.

Development Consent means the consent to the Development granted under the Act by the

delegate of the Minister for Planning with respect to development application SSD 6696 on 27

March 2018.


ITEM NO: D.06.1


Development Contributions means the monetary development contributions for the Public

Purpose payable by the Company to the Host Councils in accordance with clause 5.

Dispute is defined in clause 11.

Explanatory Note means the note exhibited with a copy of this Agreement, when this

Agreement is made available for inspection by the public in accordance with the Act, as

contemplated by clause 25E of the Regulation.

GST has the same meaning as in the GST Law.

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

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

the GST.

Host Council(s) mean Warrumbungle Shire Council and Upper Hunter Shire Council, either

individually or jointly.

Installed Turbine means a wind turbine installed on the Land in accordance with the

Development Consent which is capable of producing electricity.

Interest Rate means the BBSW rate plus a margin of 2% per annum.

Land means the land the subject of the Development Consent, including (but not limited to)

the land approved for wind turbines as indicated in Schedule 1 in this Agreement (subject to

clause 4.2(n) (Development Consent prevails in the event of conflict).

Local Government Area means “area” as defined in the Local Government Act 1993.

Managing Council has the meaning given in clause (c)(ii) of Schedule 2.

Public Purpose has the meaning given section 7.4(2) of the Act.

Note: Section 7.4(2) of the Environmental Planning and Assessment Act 1979 states: ‘A public purpose includes (without limitation) any of the following:

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

services,

(b) the provision of (or the recoupment of the cost of providing) affordable housing,

(c) the provision of (or the recoupment of the cost of providing) transport or other

infrastructure relating to land,

(d) the funding of recurrent expenditure relating to the provision of public amenities or

public services, affordable housing or transport or other infrastructure,

(e) the monitoring of the planning impacts of development,

(f) the conservation or enhancement of the natural environment.’

Regulation means the Environmental Planning and Assessment Regulation 2000.

Road Maintenance Fund means the portion of the Development Contributions stated in

clause 5.4(b) to be used for, or applied towards the maintenance of roads in the Local

Government Areas of the Host Councils, with preference given to the roads in the vicinity of

the Development. For the avoidance of doubt, the Road Maintenance Fund is not to be used

for the road upgrades and road maintenance referred to in clauses 28 and 29 of Schedule 3 of

the Development Consent.


ITEM NO: D.06.1


Strategic Reserve means any part of the Community Enhancement Fund created pursuant to

Schedule 2 (b)(iv).

Interpretation

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

otherwise requires:

(a) Headings are inserted for convenience only and do not affect the interpretation of this

Agreement.

(b) If the day in which any act, matter or thing is to be done under this Agreement is not a

Business Day, the act, matter or thing must be done on the next Business Day.

(c) A reference in this Agreement to ‘dollars’ or ‘$’ means Australian dollars and all amounts

payable under this Agreement are payable in Australian dollars.

(d) A reference in this Agreement to any law, legislation or legislative provision includes any

statutory modification, amendment or re‐enactment, and any subordinate legislation or

regulations issued under that legislation or legislative provision.

(e) A reference in this Agreement to any agreement, deed or document is to that agreement,

deed or document as amended, novated, supplemented or replaced.

(f) A reference to a clause, part or schedule is a reference to a clause, a part or a schedule of

this Agreement.

(g) An expression importing a natural person includes any company, trust, partnership, joint

venture, association, body corporate or governmental agency.

(h) Where a word or phrase is given a defined meaning, another part of speech or other

grammatical form in respect of that word or phrase has a corresponding meaning.

(i) A word which denotes the singular denotes the plural, a word which denotes the plural

denotes the singular, and a reference to any gender denotes the other genders.

(j) References to the word ‘include’ or ‘including’ are to be construed without limitation.

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

(l) A reference to a party to this Agreement includes a reference to the servants, agents, and

contractors of the party, and the party’s successors and assigns.

(m) Any schedules or tables form part of this Agreement.

(n) Development Consent prevails in the event of conflict. In the event of any conflict

between this Agreement and the Development Consent (for example, in the compilation

of Schedule 1 (Land) to this Agreement from various parts of the Development Consent),

the Development Consent prevails.

Development Contributions to be made under this Agreement

Provision of Development Contributions

(a) The Company must notify Host Councils of the commencement of construction in

accordance with clause 11 of Schedule 2 of the Development Consent.

Note: Clause 11 (notification) of the Development Consent provides:


ITEM NO: D.06.1


Prior to the commencement of the construction, operation and/or decommissioning

of the development or the cessation of operations, the Applicant must notify both

the Department and the Councils in writing of the date of commencement or

cessation.

If the construction, operation and/or decommissioning of the development is to be

staged, then the Applicant must: (a) notify both the Department and the Councils in

writing prior to the commencement of the relevant stage, and clearly identify the

development that would be carried out during the relevant stage; and (b) inform

the local community and the Community Consultative Committee about the

proposed staging plans.

Note: the Development Consent defines ‘construction’ as follows:

‘All physical works to enable the operation, including but not limited to the

construction of wind turbines, ancillary infrastructure and road upgrades carried out

before the commencement of operation, excluding pre‐construction minor works.’

Note: the Development Consent defines ‘pre‐construction minor works’ as follows:

‘Includes the following activities:

building/road dilapidation surveys; investigative drilling, excavation or salvage; minor clearing or translocation of native vegetation;

establishing temporary site office (in locations meeting the criteria identified in the conditions of this approval)

installation of environmental impact mitigation measures, fencing, enabling works; and

minor access roads and minor adjustments to services/utilities, etc.’

Note: the Development Consent defines ‘decommissioning’ as follows:

The deconstruction and removal of wind turbines and above ground ancillary

infrastructure.

(b) Subject to clause 14 (‘Assignment’), from the date of commencement of construction

notified to the Council under clause 5.1(a) of this Agreement, the Company must pay the

Development Contributions, calculated in accordance with clause 5.2 to the Host Councils

in arrears on 1 July each year.

(c) The Development Contributions calculated for the portion of the year between

commencement of construction and 1 July will be calculated pro‐rata.

(d) The Company must notify the Host Councils of the commencement of decommissioning

in accordance with clause 11 of the Development Consent.

Note: the notes to clause 5.1(a) (above) reproduce the relevant parts of clause 11 of the

Development Consent.

(e) The Company’s liability for the Development Contributions ceases upon completion of

Decommissioning as defined in this Agreement.

(f) The Development Contributions are paid for the purposes of this Agreement when

cleared funds are deposited by means of electronic funds transfer by the Company into a

bank account nominated by the Managing Council.


ITEM NO: D.06.1


Calculation of the Development Contributions

The annual Development Contributions payable by the Company to the Host Councils is the

greater of:

(a) $3,000 (increased by CPI) x the number of Installed Turbines on the Land as at the due

date for payment; or

(b) $100,000 (increased by CPI).

Reporting on Installed Turbines

The Company must provide to the Host Councils on or before the due date for payment of the

Development Contributions under clause 5.1(b):

(a) Written certification by a registered professional engineer reporting on the total number

of Installed Turbines on the Land as at each due date for payment; and

(b) The calculation (showing workings) of the Development Contributions payable.

Allocation of the Development Contributions The Managing Council shall allocate Development Contributions as follows:

(a) It shall first allocate the Administration Allowance;

(b) After subtracting the Administration Allowance from the relevant Development

Contribution, it shall allocate 70% of the net balance to the Community Enhancement

Fund and 30% to the Road Maintenance Fund or as otherwise agreed in writing between

the Company and the Host Councils.

(c) The Managing Council will disburse funds from the Community Enhancement Fund

promptly, in accordance with Schedule 2, and only upon both the recommendation of the

Committee and the resolutions of both Councils.

Allocation of the Development Contributions between the Host Councils

The Host Councils agree to allocate:

(a) the Road Maintenance Fund for the purpose stated in the definition of Road

Maintenance Fund, as agreed by the Host Councils; and

(b) the Administration Allowance between the two Host Councils as agreed by the Host

Councils.

Indexation of monetary Development Contributions

Where this Agreement provides that an amount is to be increased by CPI, then the amount will be increased in accordance the following formula:

A = B x C/D

Where:

A = the indexed amount at the time the payment is to be made.

B = the contribution amount or rate stated in clause 5.2 of this Agreement.

C = the CPI most recently published before the date of payment.


ITEM NO: D.06.1


D = the CPI most recently published before 28 March 2020 (being the day two years after the date upon which the Development Consent was granted).

For the avoidance of doubt, if C is less than D (that is, if there has been deflation over the relevant period), then A will not change.

The Host Councils

(a) The Host Councils agree to establish a committee under section 355 of the Local

Government Act 1993 to assist with the administration of the Community Enhancement

Fund in accordance with Schedule 2.

(b) The Host Councils agree for Warrumbungle Shire Council to:

i. Collect the Development Contributions on behalf of the Host Councils;

ii. Hold the portion of the Development Contributions allocated for expenditure

within the Upper Hunter Shire Council Local Government Area on trust for the Upper

Hunter Shire Council or as otherwise agreed between the Host Councils; and

iii. Upon request, transfer the portion of the Development Contributions held for the

Upper Hunter Shire Council to a bank account nominated by the Upper Hunter Shire

Council.

(c) The Host Councils agree that any decision or action by the Host Councils in relation to

their joint relations under this Agreement can only be made or taken with the prior

written agreement between the Host Councils.

Auditing

(a) Each year in which Development Contributions are made the Managing Council must

appoint an appropriately qualified auditor to reconcile the calculation, payment and

allocation of the Development Contributions in accordance with clause 5 (including any

allocations to or payments from any Strategic Reserve) and to identify any corrective

payments required.

(b) The Company and the Host Councils must:

(i) provide access to documents and information reasonably requested by the auditor;

(ii) make corrective payments as recommended by the auditor.

(c) The costs of the auditor will be paid out of the Administration Allowance.

(d) The Councils will make each auditor’s report publicly available.

Application of the Development Contributions

The Development Contributions are to be applied by the Host Councils for the Public Purpose

in accordance with this Agreement and consistent with the Host Councils’ Integrated Planning

and Reporting Framework under the Local Government Act 1993.

Application of sections 7.11, 7.12 and 7.23 of the Act to the Development

This Agreement does not exclude sections 7.11, 7.12 and 7.23 of the Act to the Development.


ITEM NO: D.06.1


Benefits under this Agreement are to be taken into consideration in determining a development contribution under section 7.11.

Review of this Agreement

(a) The Parties agree that this Agreement may be reviewed or modified and that any review

or modification will be conducted in the circumstances and in the manner determined by

the Parties.

(b) No modification or review of this Agreement, will be of any force or effect unless it is in

writing and signed by all the Parties to this Agreement.

Dispute Resolution

In the event a dispute between the Parties arises in relation to any activity, payment or item as covered in this Agreement (a ‘Dispute’), a Party must not commence any court proceedings relating to a Dispute unless it complies with this clause.

The Dispute is to be resolved through the following process (as required):

(a) A Party claiming that a Dispute has arisen must give written notice to the other Parties

specifying the nature of the Dispute;

(b) Within ten (10) Business Days of receipt of notice of a claim of a Dispute, the affected

Parties must endeavour, in good faith, to resolve the Dispute expeditiously using informal

dispute resolution methods such as discussion, mediation or expert evaluation as agreed

by the affected Parties;

(c) If the affected Parties fail to resolve the Dispute within 21 Business Days of receipt of

notice (or any further period agreed in writing by them) as to:

(i) the dispute resolution method and procedures to be adopted;

(ii) the timetable for all steps in those procedures; or

(iii) if applicable, the selection and compensation of the independent person

required for any agreed expert evaluation,

the affected Parties must mediate the Dispute in accordance with the Alternative

Dispute Resolution process of the Law Society of NSW. The affected Parties must

request the President of the Law Society of NSW or the President’s nominee to

select the mediator and determine the mediator’s remuneration;

(d) The costs associated with the mediation must be shared equally between the affected

Parties, unless the mediator determines otherwise; and

(e) If the Dispute is not resolved within 60 Business Days after the initial notice of the

Dispute is given under clause 8 (a), then the affected Party, having exhausted efforts to

resolve the Dispute in accordance with this section, may, in writing, terminate the dispute

resolution process and commence court proceedings in relation to the Dispute.

Registration of the Agreement

Pursuant to section 7.6 of the Act, the parties agree that the existence of this Agreement will

not be registered on titles to the Land.


ITEM NO: D.06.1


Enforcement and security

Enforcement by any party

(a) Without limiting any other remedies available to the Parties, this Agreement may be

enforced by any Party in any court of competent jurisdiction.

(b) Nothing in this Agreement prevents:

i. a Party from bringing proceedings in the Land and Environment Court to enforce any

aspect of this Agreement or any matter to which this Agreement relates; and

ii. the Host Councils from exercising any function under the Act or any other Act or law

relating to the enforcement of any aspect of this Agreement or any matter to which

this Agreement relates.

Interest on unpaid Contributions

The Company agrees to pay interest to the Host Councils on any amount of the Development Contributions from 28 days after it becomes due for payment, during the period that it remains unpaid, on demand, or at times determined by the Council, calculated on daily balances. The rate to be applied to each daily balance is the Interest Rate.

Bank Guarantee

(a) Within 12 months of the commencement of construction the Company must provide to the Host Councils a Bank Guarantee in the amount of $100,000.00.

(b) The Company must not cancel the Bank Guarantee provided under clause 13.3(a) or do anything to cause the Bank Guarantee to be ineffective unless the Host Councils have given written notice to the Company that the Bank Guarantee can be cancelled. The Host Councils must not unreasonably withhold its consent to the cancellation of the Bank Guarantee and if it does agree it may require the Company to provide a replacement Bank Guarantee before the Bank Guarantee is cancelled.

(c) The Council must release the Bank Guarantee or any unused part of it to the Company within 25 Business Days of the termination of this Agreement in accordance with clause 3.2.

(d) If the Host Councils reasonably considers that the Company is in breach of its obligation to pay the Development Contributions and/or the Administration Contribution under this Agreement, it may give a written notice to the Company (a breach notice):

i. specifying the nature and extent of the breach,

ii. requiring the Company to pay the outstanding monetary Development Contributions,

and

iii. specifying the period within which the outstanding monetary Development

Contributions are to be paid, being a period that is reasonable in the circumstances

and not being less than 21 Business Days from the date of the written notice.

(e) If the Company fails to fully comply with a breach notice, the Host Councils may call‐up and apply the proceeds of a Bank Guarantee provided under this Agreement in satisfaction of:

i. any obligation of the Company under this Agreement to pay the Development

Contributions, and


ITEM NO: D.06.1


ii. any associated liability, loss, cost, charge or expense directly incurred by the Host

Councils because of the failure by the Company to comply with this Agreement.

(f) Subject to this clause, the Host Councils will release the Bank Guarantee if the Company’s rights and obligations under this Agreement are assigned in accordance with clause 14 and a replacement Bank Guarantee is provided to the satisfaction of the Host Councils.

(g) If the Host Councils call on a Bank Guarantee in accordance with this Agreement, the Host Councils may, by notice in writing to the Company, require the Company to provide a further Bank Guarantee in an amount that, when added to any unused portion of the existing Bank Guarantee, does not exceed $100,000.00.

(h) Nothing in this clause prevents or restricts the Host Councils from taking any enforcement action in relation to:

i. any obligation of the Company under this Agreement; or

ii. any associated liability, loss, cost, charge or expense directly or indirectly incurred by

the Host Councils because of the failure by the Company to comply with this

Agreement.

Assignment

(a) The Company must not sell, transfer, assign or similarly deal with (“Dealing”) its interest in the Development except in accordance with the provisions of clause 14(b). Any purported Dealing in breach of this clause is of no effect.

(b) The Company may assign its interest in the Development to another person (Assignee) if, before it assigns:

i. any default by the Company under any provisions of this Agreement has been

remedied by the Company or waived by the Host Councils on such conditions as the

Host Councils may determine, acting reasonably;

ii. the Company delivers to the Host Councils a deed of assignment executed by the

Company and the Assignee containing provisions under which:

a. the Company’s rights and obligations under this Agreement are assigned to the

Assignee on and from the date of the deed of assignment or any other date

specified in the deed (being the ‘date of assignment’);

b. the Assignee undertakes to pay all obligations of the Company under this

Agreement arising on and from the date of assignment; and

c. the Assignee undertakes to pay the Host Councils’ reasonable costs in relation to

the assignment.

iii. the Company has paid its liability for the Development Contributions calculated pro‐

rata at the date of assignment (as if the date for payment under clause 5.1(b) were the

date of assignment, not 1 July); and

iv. a replacement Bank Guarantee is provided by the Assignee in accordance with clause

13.3(f).

(c) If the Company complies with clause 14(b), the Host Councils will be deemed to have

released the Company from any further obligation under this Agreement on and from the

date of assignment.


ITEM NO: D.06.1


(d) If the Company assigns in accordance with clause 14(b), the Assignee’s liability for

Development Contributions for the period from the date of assignment to the next 1 July to

occur thereafter is to be calculated pro‐rata.

(e) Subject to the provisions of clause 14(b) the Company must not sell, transfer, assign or

similarly deal with its rights or obligations under this Agreement without the prior written

consent of the Host Councils which consent may be given or withheld in absolute and

unfettered discretion of the Host Councils.

Notices

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

(a) delivered or posted to that Party at its address set out below; or

(b) emailed to that Party at its email address set out below.

Warrumbungle Shire Council

Attention: The General Manager

Address: Warrumbungle Shire Council

20‐22 John Street, Coonabarabran, NSW 2357

Email: [email protected] and

Upper Hunter Shire Council

Attention: The General Manager

Address: Upper Hunter Shire Council

135 Liverpool Street, Scone NSW 2337

PO Box 208, Scone NSW 2337

Email: [email protected] and

EPURON Pty Ltd

Attention: The Directors

Address: 75 Miller Street North Sydney, NSW 2060

Fax Number: (02) 9922 6645

Email: [email protected]

[email protected]

15.2 If a Party gives the other Parties three Business Days’ notice of a change of its address, or email

address:


ITEM NO: D.06.1


(a) any notice, consent, or invoice is only given or made by that Party if it is served or posted

by way of registered post to the latest address;

(b) any information, application or request is only given or made by that other Party if it is

emailed to the latest email address.

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

received at the following time:

(a) if it is delivered by process server, when it is served at the relevant address;

(b) if it is sent by registered post, two Business Days after it is posted;

or

(c) if it is sent by email, as soon as the sender receives a ‘delivery receipt’ from the recipient.

15.4 If any notice, consent, information, application or request is physically delivered, or an email

delivery receipt in relation to it is received, on a day that is not a Business Day, or if on a

Business Day, after 5 pm on that day in the place of the Party to whom it is sent, it is to be

treated as having been given or made at the beginning of the next Business Day.

Costs

The Company agrees to pay the Host Councils’ costs of preparing, negotiating and executing this Agreement as follows:

(a) $25,000 (including GST) within seven days of execution of this Agreement; and

(b) A further $25,000 (including GST) within six months of execution of this Agreement or

prior to any assignment or transfer of the Company’s interest in the Land or in the

Development, whichever occurs first.

Entire Agreement

(a) This Agreement contains everything to which the Parties have agreed in relation to the

matters it deals with. No Party can rely on an earlier document, or anything said or done

by another Party, or by a director, officer, agent or employee of that Party, before this

Agreement was executed except as permitted by law.

(b) Pursuant to clause 25E(7) of the Regulation, the Parties agree that the Explanatory Note

is not to be used to assist in construing this Agreement.

Approvals and Consents

(a) Except as otherwise set out in this Agreement, and subject to any statutory obligations, a Party may give or withhold an approval or consent to be given under this Agreement in that Party’s absolute discretion and subject to any conditions determined by the Party.

(b) A Party is not obliged to give its reasons for giving or withholding consent or for giving consent subject to conditions. For the avoidance of doubt, this clause 18(b) does not apply to Schedule 2 clause (c)(x) (recommendations for grants or appointments).


ITEM NO: D.06.1


Further Acts

Each Party must promptly execute all documents and do all things that another Party from

time to time reasonably requests to affect, perfect or complete this Agreement and all

transactions incidental to it.

Governing Law and Jurisdiction

This Agreement is governed by the law of New South Wales. The Parties submit to the non‐

exclusive jurisdiction of its courts and courts of appeal from them. The Parties will not object

to the exercise of jurisdiction by those courts on any basis.

No Fetter

Nothing in this Agreement shall be construed as requiring the Host Councils to do anything

that would cause them to be in breach of any of its obligations at law, and without limitation,

nothing shall be construed as limiting or fettering in any way the exercise of any statutory

discretion or duty.

Joint and individual liability and benefits

Except as otherwise set out in this Agreement, any agreement, covenant, representation or

warranty under this Agreement by two or more persons binds them jointly and each of them

individually, and any benefit in favour of two or more persons is for the benefit of them jointly

and each of them individually.

Representations and Warranties

23.1 Each of the Parties represents and warrants to the other Parties that it has power to enter this Agreement and comply with its obligations under this Agreement and that entry into this Agreement will not result in the breach by it of any law applicable to it.

23.2 Each Party warrants to each other Party that:

(a) this Agreement creates a legal, valid and binding obligation, enforceable against the

relevant Party in accordance with its terms; and

(b) unless otherwise stated, it has not entered into this Agreement in the capacity of

trustee of any trust.

Severability

If a clause or part of a clause of this Agreement can be read in a way that makes it illegal,

unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and

valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable

or invalid, that clause or part is to be treated as removed from this Agreement, but the rest of

the Agreement is not affected.

Waiver

The fact that a Party fails to do, or delays in doing, something the Party is entitled to do under

this Agreement, does not amount to a waiver of any obligation of, or breach of obligation by,

another Party. A waiver by a Party is only effective if it is in writing. A written waiver by a Party

is only effective in relation to the particular obligation or breach in respect of which it is given.

It is not to be taken as an implied waiver of that obligation or breach in relation to any other

occasion.


ITEM NO: D.06.1


GST

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

Counterparts

This document may consist of a number of counterparts and, if so, the counterparts taken together constitute one document.


ITEM NO: D.06.1


SCHEDULE 1: LAND AND WIND TURBINES

Note: In the event of any inconsistency of the Development Consent (including Appendices 1 and 2) with the following compilation of cadastral details of land approved for wind turbines, the Development Consent prevails.

Land Title (Lot / Deposited Plan)

Turbine Number

96/750738 1

1/1096238 2

96/750738 3

24/754969 4

2/1107124 5

1/1107124 6

89/750738 7

51/42212 8

51/42212 9

1/1107124 10

51/42212 11

1/843798 12

23/754969 13

110/750744 14

1/843798 15

89/750738 16

2/750763 17

91/750738 18

1/1107124 19

93/750738 20

25/721763 21

164/750738 22

119/750744 23

68/750738 24

89/750738 25

2/131761 26

1/1121270 27

95/750738 28

25/721763 29

93/750738 30

89/750738 31

89/750738 32

96/750738 33

108/750775 34


ITEM NO: D.06.1


91/750738 35

85/750738 36

1/1097739 37

93/750738 38

89/750738 39

153/750738 40

46/750738 41

1/1107124 42

25/721763 43

62/750738 44

19/754968 45

153/750738 46

88/750738 47

108/750775 48

64/750738 49

155/750738 50

63/750738 51

87/750738 52

36/750744 53

66/750738 54

104/750738 55

85/750738 56

25/721763 57

63/750738 58

88/750738 59

87/750738 60

119/750744 61

2/131761 62

85/750738 63

87/750738 64

86/750738 65

1/1121270 66

93/750738 67

119/750744 68

103/750738 70

19/754968 71

86/750738 72

119/750744 73

1/1121270 74


ITEM NO: D.06.1


98/750738 75

1/1121270 76

104/750738 77

14/754969 78

64/750738 79

104/750738 80

86/750738 81

98/750738 82

14/754969 83

19/754968 84

6/754969 85

19/754968 86

1/1102992 87

45/754968 88

19/754968 89

86/750738 90

19/754968 91

1/1102992 93

4/258902 94

19/754968 95

2/131761 96

1/1102992 97

1/1102992 98

51/42212 99

19/754968 100

19/754968 101

21/998524 102

164/750738 103

1/1102992 104

19/754968 105

19/754968 106

19/754969 107

47/1083075 108

1/1102992 109

19/754968 110

1/1102992 111

1/843798 112

19/754968 113

25/721763 114


ITEM NO: D.06.1


2/843798 115

48/754968 116

3/754969 117

3/754969 118

2/843798 119

14/754969 120

19/754968 121

2/843798 122

1/1102992 123

7/754969 124

2/843798 125

109/750744 126

3/754969 127

2/843798 128

25/721763 129

89/750738 130

1/363098 131

1/843798 132

3/754969 133

2/843798 134

3/754969 135

101/750738 136

2/843798 137

1/843798 138

25/721763 139

2/1107124 140

47/750738 141

15/754969 142

14/223584 143

2/750763 144

11/754969 145

115/41493 146

15/754969 147

55/750775 148

85/750775 149

246/750763 150

233/750763 151

119/42183 152

226/750763 153


ITEM NO: D.06.1


10/754969 154

15/754969 155

15/754969 156

1/614827 157

1/614827 158

72/750775 159

1/614827 160

15/754969 161

83/750775 162

1/614827 163

11/223584 164

82/750775 165

15/754969 166

55/750775 167

2/531707 168

252/750763 169

250/750763 170

44/535078 171

47/1083075 172

1/258902 173

15/754969 174

250/750763 175

6/754969 176

14/223584 178

47/1083075 181

3/258902 183

2/614827 184

7/223584 185

2/531707 186

43/750775 187

7/223584 188

120/43547 189

6/754969 190

250/750763 191

119/42183 192

13/223584 193

7/223584 195

2/258902 196

120/43547 197


ITEM NO: D.06.1


3/258902 198

253/750763 199

63/750763 201

11/223584 202

1/258902 203

116/41493 205

2/258902 206

55/750775 207

47/1083075 208

54/750775 209

246/750763 210

106/750763 211

11/754969 212

2/531707 214

1/614827 215

253/750763 217

233/750763 218

2/258902 219

15/754969 220

6/750775 221

2/614827 222

15/754969 223

3/258902 225

11/754969 226

15/754969 227

2/750763 229

15/754969 230

1/879624 231

2/747190 232

2/747190 233

2/747190 235

2/747190 237

2/747190 238

1/847023 239

1/879624 240

4/706362 241

1/847023 242

2/747190 243

56/750741 244


ITEM NO: D.06.1


4/706362 246

1/847023 247

66/750741 248

1/847023 249

1/879624 250

67/750741 251

66/750741 252

67/750741 253

1/879624 254

1/847023 255

1/879624 256

2/747190 257

1/879624 258

1/879624 259

2/747190 260

66/750741 261

2/747190 262

2/747190 263

1/879624 264

2/747190 265

2/747190 266

2/747190 267

1/879624 268

2/747190 269

2/747190 270

2/747190 271

2/747190 272

2/747190 274

2/747190 275

2/747190 276

1/847023 278

2/747190 280

2/747190 281

2/747190 282

2/747190 283

2/747190 284

2/747190 285

43/750775 287


ITEM NO: D.06.1


SCHEDULE 2

SECTION 355 COMMITTEE – OPERATING PRINCIPLES

Section 355 Committee (Local Government Act) to Administer the Community Enhancement Fund

That portion of Development Contributions destined for the single Community Enhancement Fund

will be administered by a Section 355 Committee involving both Host Councils, in accordance with

the provisions of this Schedule.

The Committee will act as an advisory Committee for the Host Councils and has no executive

powers, except those expressly provided by the Host Councils. In carrying out its Community

Enhancement Fund allocation of monies responsibilities, the Committee recognises that primary

responsibility for management of the Committee rests with the Host Councils and their respective

General Managers as defined by the Local Government Act 1993, and associated Regulations. The

Committee’s responsibilities are to assist the Host Councils to discharge their responsibilities with

due care and diligence.

The Committee shall operate in accordance with the following principles:

(a) Membership of the Section 355 Committee

To be a Committee of nine (9) comprising:

(i) one councillor from each of the two Host Councils (one of whom chairs the committee

and has a casting vote);

(ii) one council officer from each Host Council (non‐voting);

(iii) two community representatives from each Local Government Area of the Host

Councils (to be residents within ideally 20 km of a turbine) who have not entered into a

financial agreement with the wind farm company and can demonstrate the skills and

experience relevant to the Committee’s charter; and

(iv) one wind farm company representative (non‐voting).

(b) Community projects ‐ grant eligibility criteria

(i) Recipients must be an incorporated or registered not‐for‐profit association, or a local

council or a Crown Reserve Trust;

(ii) A grant application must be able to demonstrate in some detail the particular nature

of the Public Purpose likely to accrue to the communities associated in some manner

with the wind farm. Ideally the benefits are to flow to the community within

approximately 20 km of a turbine so as to truly reflect the impact of the project on the

community. Grants for projects outside the 20 km radius may also be considered

provided they can show a degree of benefit within the 20 km criterion. Grants within

approximately 5 km of the new powerline (Turrill locality) are also eligible; and

(iii) The Committee has the authority to determine additional grant eligibility criteria, with

Host Council approval, provided that the first two criteria listed herein are maintained.

(iv) The Committee may recommend that part of the Community Enhancement Fund be

held and dedicated to a future, large or multi‐year funding commitment described in the

recommendation in writing with certainty and detail (the ‘Strategic Reserve’).


ITEM NO: D.06.1


(c) Management principles for administering one Community Enhancement Fund applicable to

two Host Councils

(i) The Host Councils agree that financial management and meeting secretariat functions

will be undertaken by one council (the ‘managing council’);

(ii) It is agreed Warrumbungle Shire Council will be the managing council. This decision is

open to review at any time, as triggered by one or more councils and will be resolved

by both councils;

(iii) The managing council administers the monetary contributions;

(iv) Grants for community projects can only be made upon both recommendation of the

Committee and the vote of both Host Councils;

(v) Appointments of the councillors and council officers shall be for the term of that

Council;

(vi) Appointments of the community representatives to the Committee shall similarly be

for four years, in alignment with the term of Council.

(vii) Applications to be a community representative shall be publicly invited at the

beginning of each Council term. The said public notices shall state:

• appointments are for four years, in alignment with Council terms;

• existing committee members are eligible for re‐appointment provided that no

community member serves for more than two consecutive four year terms;

(viii) A meeting of the existing Committee shall consider the applications for new

community representatives and recommend such appointments at a meeting held at

the beginning of the term of a new Council after nominations have been received;

(ix) Proposed appointments will be ratified or endorsed by each Council; and

(x) Recommendations for grants or appointments. Either of the Host Councils can reject a

recommendation for a grant or an appointment of a community representative to the

Committee, with clearly stated reasons, and request a further recommendation from

the Committee.

(d) Role of the Committee

The Committee’s role is to:

(i) Annually review the draft operational plan of each Host Council (as publicly exhibited

in accordance with section 405 of the Local Government Act 1993) to ensure the said

plans apply land use planning standards to the land within 20 km of the wind farm

that are consistent with those applied beyond 20 km, subject to any differences in

land use type, biophysical characteristics and socio‐economic activity;

(ii) Review the suitability of grant application forms and information for applicants, and the

information and briefing to be provided to incoming members of the Committee, and to

recommend changes where appropriate;

(iii) Publicly call for applications for funding for projects to benefit the local community;

(iv) Evaluate funding applications and make grant recommendations to the Host Councils;


ITEM NO: D.06.1


(v) Allow a grant applicant the opportunity to address the Committee, providing there has

been prior registration to speak and the address is conducted in accordance with

standard meeting protocols;

(vi) Check that allocations are made from the Community Enhancement Fund as

recommended, and that any allocations to and payments from the Strategic Reserve

are accounted for

(vii) Check that the planning agreement giving rise to the Committee is permanently

accessible on the websites of the Host Councils, that activity pursuant to the planning

agreement is included in the annual reports of the Host Councils, and that citizens

have access to the history of grants (and outcomes) pursuant to the planning

agreement; and

(viii) Review the effectiveness of completed grants and of the performance of the

Committee each year, and recommend changes to the Host Councils where

appropriate, so that the Community Enhancement Fund provides as much ongoing

public benefit as possible.

(e) Public Notice for nominations for appointment to the Committee, applications for grants and

reporting on allocated grants

The Committee will be responsible for advertising when grant applications for funding are

being invited, together with the due date. The public notice should be displayed in various

locations including (but not limited to):

(i) on the Host Councils’ websites;

(ii) in the Host Councils’ office reception areas – hard copy;

(iii) in local newspaper(s) (where available);

(iv) on social media as deemed appropriate by the Committee; and

(v) on the wind farm company website.

(f) Meeting quorum and procedure

(i) Members of the Committee not able to attend in person will have the option to

attend via teleconference;

(ii) A quorum is at least four (4) voting members including one Councillor from either

Council;

(iii) The Committee will meet at least six monthly.

(iv) Meetings will be open to the public and meeting details publicised, however speaking

rights to non‐member attendees will be at the discretion of the chairperson.

(v) Minutes of Committee meetings will be placed on the Host Council’s websites.

(g) Public Purpose

Community‐initiated projects potentially eligible for merit allocation of Development

Contributions from the Community Enhancement Fund must be for a Public Purpose and

include (but are not limited to) provision of:

projects for the conservation or enhancement of the natural environment;


ITEM NO: D.06.1


provision of public domain infrastructure and services such as recreational, sporting and community facilities as well as disabled access, car parking, toilets, footpaths, and streetscapes;

funds for improving rural community mobile phone and internet services;

support to assist medical practitioners reside in local towns;

mobile outreach health services;

support to assist medical specialists fly in from the city to run clinics;

support for physical health programs, for example obesity/diabetes/drugs;

support for mental health programs;

support for the construction and management of aged care units and to assist the financially disadvantaged gain entry into such facilities;

support for the provision of Council‐run aged care/community transport vehicles;

child care and preschool facilities;

improvements to drainage structures and waste management services;

upgrades and recurrent expenditure funding of public facilities such as libraries, community halls, aquatic centres and childcare facilities;

monitoring of the planning impacts of development and project‐related technical resource capacity

masterplans for LGA development

tourist displays, including (but not limited to) with regard to indigenous and non‐indigenous regional heritage; and

renewable energy projects.

Note: As at the date of this agreement, section 7.4(2) of the Environmental Planning and Assessment Act 1979 states: ‘A public purpose includes (without limitation) any of the following:

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

services,

(b) the provision of (or the recoupment of the cost of providing) affordable housing,

(c) the provision of (or the recoupment of the cost of providing) transport or other

infrastructure relating to land,

(d) the funding of recurrent expenditure relating to the provision of public amenities or

public services, affordable housing or transport or other infrastructure,

(e) the monitoring of the planning impacts of development,

(f) the conservation or enhancement of the natural environment.’

(h) Further operating principles

The Committee may from time to time propose additional operating principles, providing that the additional principles are consistent with the above principles, and the additional principles shall apply upon ratification by both Councils.


ITEM NO: D.06.1


EXECUTION AS A DEED Executed by Epuron Pty Ltd ACN 104 503 380 in accordance with section 127(1) of the Corporations

Act 2001 (Cth) by authority of its directors:

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐

Martin Poole, Director Andrew Durran, Director

Date: _________________ Date: ________________

Executed by Warrumbungle Shire Council by its authorised delegate in accordance with a resolution

of the Council dated in the presence of:

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐

Witness (signature) Authorised Delegate (signature)

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐

Name and Position of Witness (print) Name and Position of Authorised Delegate (print)

Date: _________________ Date: _________________

Executed by Upper Hunter Shire Council by its authorised delegate in accordance with a resolution

of the Council dated in the presence of:

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐

Witness (signature) Authorised Delegate (signature)

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐

Name and Position of Witness (print) Name and Position of Authorised Delegate (print)

Date: _________________ Date: _________________

ATTACHMENT NO: 2 - EXPLANATORY NOTE ITEM NO: D.06.1





ENVIRONMENT/HEALTH REPORTS

E.06.1 NATIONAL TREE DAY FUNDING


AUTHOR: Melinda Hale - Manager Sustainability and Environment

PURPOSE To gain the support of the committee to accept funding from Bengalla Mine to run a Schools Tree Day / National Tree Day event in Scone.

RECOMMENDATION That Council accepts Bengalla Mine’s offer of funding for a Schools Tree Day / National Tree Day event in Scone.

Moved: Seconded:

BACKGROUND National Tree Day is Australia’s community tree-planting and nature care event. The event is organised by Planet Ark and sponsored by Toyota Australia with 2018 being the 23rd year the event is held. Generally the event consists of two days – Schools Tree Day, 27 July 2018 and National Tree Day, 29 July 2018. National Tree Day aims to inspire, educate and recruit Australians to actively care for our unique land and create future generations of committed environmental custodians. The benefits of interaction with nature for children's health, wellbeing and development has also been demonstrated by research undertaken by Planet Ark. Earlier this year Bengalla Mine and JBS were approached to determine interest in sponsoring a mass tree planting event in Scone for schools and the community. No response was received from JBS. Bengalla Mine asked Council to apply for funding through their ‘Community Development Fund’ and ‘Bengalla Site Donations’. Council was notified in May that the application submitted under the ‘Community Development Fund’ had been successful to the amount of $11,000. REPORT/PROPOSAL It is proposed to hold two days of mass community tree planting on Schools Tree Day, 27 July 2018 and National Tree Day, 29 July 2018. The site identified to be revegetated is adjacent to the golf course and on the western side of the new Scone Bypass as shown below.




National Tree Day attracts a range of people from all ages and backgrounds including community service and charity groups. The event will be available to everyone and provide an opportunity to do an activity outside as a family. It is anticipated that this event will attract approximately 200 school children and 100 community members. It also hoped that the event will grow into an annual event that the community can attend to get to know with their neighbours better and assist them to grow in confidence to do their own tree planting at home having gained better knowledge about local soils and plant selection.

A large area of Scone is salt affected including sections of the main street, the new main street bypass, White Park and golf course, including the selected site for planting. This will provide participants with an opportunity to not only learn about how to correctly plant and care for trees and shrubs but also about salt affected soils in the area and the correct vegetation to plant in these soils. Planting in this area will also support earlier planting work undertaken by Scone Landcare around the electrical substation to address salt ingress. It is expected that the project will improve soil quality and reduce the salinity of discharge to immediate land, waterways and aquifer. This will reduce the impacts of infrastructure in all of these areas, leading to reduced maintenance and costs to Council, NSW Roads and Maritime Service, the Golf Club and the community in general. The short and long term objectives of the event are as follows:

Short Term Objectives: 1. Create an outdoor hands-on learning experience for local school children and the

community in general. 2. Create a fun event that brings like-minded community members of all ages and

backgrounds together 3. To teach participants how to correctly plant and grow trees




4. To increase the awareness of students and the community about the importance of trees to the environment

5. To increase the awareness of participants about salt affected soils in Scone and their impact on the environment

6. To increase the knowledge of participants about the suitable salt tolerant plants Long Term Objectives

1. To create an annual event that schools build into their curriculum 2. To increase the general awareness of students and the community about the roles

that trees and plants play in our environment 3. Create a site that participants can visit to look at the progress of their work and feel

a sense of pride 4. Improve the resilience and quality of soils in the area and reduce erosion 5. Reduce salt concentrations in the discharge from the area into surrounding land,

waterways and the aquifer 6. Improve groundcover by reducing invasive introduced weeds 7. Reduce impact of saline water table on the soils around Scone particularly on local

infrastructure 8. Develop the site into a learning area with the correct signage

Funding of the event will cover purchase of tube stock and equipment, hire of a bus for school children to attend, catering and ongoing site maintenance. Distribution of funds are as follows:

It is planned to approach Hunter Local Land Services to assist with the day and to provide educational material about salt affected land in Scone and a local charity to provide catering at National Tree Day. A Communications Plan will be developed for the event. This will include writing to individual schools to invite them to Schools Tree Day and advertising National Tree Day in social media and in print.

Estimated Budget for Project ‐ Schools Tree Day / National Tree Day

ItemTotal Funding

Required

Total in‐kind

contributionTotal

Tubstock $2,000.00 $2,000.00

Tree guards and stakes $1,500.00 $1,500.00

Site preparation (equipment) $1,000.00 $1,000.00

Mulch $1,000.00 $1,000.00

Labour (planning and execution, on‐ground works) $4,000.00 $4,000.00

Labour (ongoing maintenance) $2,000.00 $3,000.00 $5,000.00

Tools $1,000.00 $1,000.00

Bus hire for schools $1,200.00 $1,200.00

Catering (donation to service organisation) $500.00 $500.00

Signage $300.00 $300.00

Water Haulage $500.00 $500.00 $1,000.00

Administration costs (flyers, posters etc.) $200.00 $200.00

Total $11,000.00 $7,700.00 $18,700.00




OPTIONS

1. That Council accepts Bengalla Mine’s offer of funding for a Schools Tree Day / National Tree Day event in Scone to the amount of $11,000.

2. That Council does not accept Bengalla Mine’s offer of funding for a Schools Tree Day / National Tree Day event in Scone and seeks an alternative funding source.

CONSULTATION Nil STRATEGIC LINKS a. Community Strategic Plan 2027 This report links to the Community Strategic Plan 2027 as follows: COMMUNITY LIFE Goal 1 A supported Community. CS4 Facilitate partnerships which create and support a safe, inclusive and caring

Community. Goal 2 Promote wellbeing and a connected, healthy and happy Community. CS6 Support existing education facilities and enhance learning opportunities. CS7 Provide and support a broad range of sport, recreation, health and wellness

programs to target age specific needs of residents including younger children, older children, adolescents, families, seniors and people with a disability.

CS8 Provide information and opportunities for everyone, especially those that are disadvantaged to participate fully in our Community life.

BUILT AND NATURAL ENVIRONMENT Goal 3 Protect the Environment. CS10 Advocate for, facilitate and support programs that protect and sustain our

diverse environment for our future generations. CS11 Encourage and support active Community participation within our Community

to care for our environment and provide for a sustainable future. We are working to achieve the following Community Priorities:




b. Delivery Program

Improve Council’s relationship with the community and encourage community involvement.

Facilitate and support programs that protect and sustain our environment. Support and encourage Community participation in the protection of the environment.

c. Other Plans The event will assist the Council and Sustainability Advisory Committee to support and/or meet the following actions in the Sustainability Action Plan:

3.1 Develop an appropriate Sustainability Community Communication and Education Plan to raise awareness of initiatives and objectives under the SAP to be applied across the community including, pre-school and school aged students, young and older adults and people with special needs.

10.3 Contribute to priority land regeneration work throughout the shire by: o working with existing local Landcare / sustainability groups, the upper Hunter

Landcare Coordinator, Upper Hunter Local Weeds Authority and Local Land Services to understand current and planned work throughout the shire.

o Assisting to identify and address any gaps or barriers to delivery of these existing and planned priority regeneration projects.

o Assisting to identify where additional generalist or single focus localised groups may be needed to address specific needs egg weed management.

13.6 Liaise with and support the work of Hunter Local Land Services and other relevant agricultural organisations where consistent with the objectives of this SAP.

IMPLICATIONS a. Policy and Procedural Implications Upper Hunter Shire Council has a policy of not allowing mining or coal seam gas extraction within the Shire so acceptance of the funding could be considered by some to be contrary to this position. However, employees of mines located in adjoining Council areas and employees of businesses that support these mines do live within the Shire and utilise the infrastructure and services provided by Upper Hunter Shire Council. The funding offered recognises this position and will support a whole of community event that has short and long term benefits for all local residents and businesses. b. Financial Implications External funding is required to be able to undertake community activities such as this event. If external funding is not sourced then the event will not occur. c. Legislative Implications Nil d. Risk Implications Nil




e. Other Implications Nil CONCLUSION Accepting the offer of funding to hold a Schools Tree Day / National Tree Day will enable a community event to beheld that will have both short and long term benefits for the community and the environment.

ATTACHMENTS

There are no enclosures for this report

RESOLVED That Council accepts Bengalla Mine’s offer of funding for a Schools Tree Day / National Tree Day event in Scone.

Moved: Cr J Burns Seconded: Cr M Collison CARRIED

It is noted that Cr Abbott voted against the motion.




GENERAL ADMINISTRATION REPORTS

G.06.1 2018 LOCAL GOVERNMENT NSW ANNUAL CONFERENCE



PURPOSE The purpose of this report is to seek nominations from Councillors to attend the Local Government NSW Annual Conference to be held from 21 to 23 October 2018 at the Entertainment Centre, Albury.


1. Nominate two (2) voting delegates to attend the 2018 Conference; 2. Determine whether any other Councillor wishes to attend the 2018 Conference as non-

voting delegates.

Moved: Seconded:

BACKGROUND The annual conference of Local Government NSW will be held from 21 to 23 October 2018 at the Entertainment Centre in Albury. Council is entitled to have two (2) voting delegates for motions and for the Board members. Other Councillors may also attend, however would not have voting entitlements. REPORT/PROPOSAL The Local Government NSW Annual Conference is the annual policy-making event for NSW general-purpose councils, our associate members and the NSW Aboriginal Land Council. It is the pre-eminent event of the local government year where local councillors come together to share ideas and debate issues that shape the way we are governed. The Mayor and General Manager have attended the conference in the past. At this stage, in order to take advantage of the early bird fees, three registrations have been made. Once it is known who will be attending the registrations will be updated with details. OPTIONS 1. Nominate a maximum of two (2) voting delegates to attend the conference; 2. Nominate additional Councillors to attend as non-voting delegates; 3. Not attend the conference. CONSULTATION Nil




STRATEGIC LINKS a. Community Strategic Plan 2027 This report links to the Community Strategic Plan 2027 as follows: LEADERSHIP Goal 8 Provide Community Leadership

CS30 Effectively and efficiently manage the business of Council, while encouraging an open and participatory Council with an emphasis on transparency, Community engagement, action and response.

CS31 Council is focused on innovation and continuous improvement to ensure a high quality of service which is aligned with business needs and Community priorities.


b. Delivery Program

Support for the Mayor and Councillors to fulfill their respective roles Lead Council operations and Council wide continuous service improvement

c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications Nil b. Financial Implications Registration Fees (inclusive of GST):

Delegates Early Bird Registration Approx $900 Full Registration Approx $1,000

Funds for attendance at the conference are available under the Governance budget under:

Seminar and Conferences $12,000 Travel and Accommodation $6,000




c. Legislative Implications Nil d. Risk Implications The risk would be that non-attendance could result in not keeping up to date with Local Government requirements. e. Other Implications Nil CONCLUSION That Council determine attendance for the Local Government NSW Annual Conference to be held from 21 to 23 October 2018.

ATTACHMENTS

Nil.

RESOLVED That Council nominate Mayor Bedggood and Cr Brown as the voting delegates to attend the 2018 Conference;

Moved: Cr L Watts Seconded: Cr K Fisher CARRIED




G.06.2 MAKING THE RATES 2018/19


AUTHOR: Steve Pryor - Director Operations

PURPOSE

The Delivery Program & Operational Plan for 2018/19 incorporated the rates and charges proposed to be levied for the year commencing 1 July 2018. Council is statutorily required to separately make the rate following the adoption of the Delivery Program & Operational Plan.

RECOMMENDATION

That Council make the following rates and charges for the year commencing 1 July 2018 to 30 June 2019:

1. Rates The following Ordinary Rates be now made for the year commencing 1 July 2018.

Category Sub Category Ad-valorem Amount

Cents in $

Minimum Rate $

Farmland 0.440910 510.00Residential Aberdeen 0.652220 510.00

Cassilis 0.652220 492.00Merriwa 0.652220 510.00Murrurundi 0.652220 510.00Scone 0.903990 510.00Ordinary 0.623390 492.00

Business Aberdeen 0.848999 510.00Merriwa 0.848999 510.00Murrurundi 0.848999 510.00Scone 1.004792 510.00Ordinary 0.598990 492.00

Mixed Development Residential

Merriwa 0.652220 510.00Murrurundi 0.652220 510.00Scone 0.903990 510.00

Mixed Development Business


Mining 51.767777 47.00

2. Water Charges

i) A Water Service Availability Charge is charged for each service to the property in respect of land that is supplied with water from a water pipe of the Council and land that is situated within 225 metres of a water pipe of the Council (whether or not actually supplied with water from any water pipe of the Council). The Water Service Availability Charge is based on the service size of the connection to the water supply line.




The Water Service Availability Charges for the 2018/19 Financial Year are:

Service Size

Aberdeen/ Scone $

Cassilis/ Merriwa $

Murrurundi $

Availability Charge (Not Connected) 164.00 164.00 180.00Availability Charge (Connected)

20mm 210.00 210.00 276.0025mm 329.00 329.00 431.0032mm 540.00 540.00 706.0040mm 844.00 844.00 1,103.0050mm 1,318.00 1,318.00 1,723.0080mm 3,376.00 3,376.00 4,411.00

100mm 5,275.00 5,275.00 6,892.00150mm 11,868.00 11,868.00 15,507.00200mm 21,098.00 21,098.00 27,568.00

ii) A Consumption Tariff is to be charged per kilolitre for all water supplied. The water consumption tariffs for the 2018/19 Financial Year are:

Consumption Tariff ($/Kl) Aberdeen/ Scone $

Cassilis/ Merriwa $

Murrurundi $

Residential Step 1* 2.18 2.18 2.45Step 2* 3.35 3.35 3.35

Kidney Dialysis Users 1.10 1.10 1.10Non-Residential Scone Saleyards 1.53 NA NAPrimo Scone Abattoir 1.53 NA NACouncil parks and gardens, cemeteries, pools, etc 0.94 0.94 0.94Other 2.30 2.30 3.18

*Step 1 allowance 75KI for first two accounts in financial year then 100Kl for next two accounts.

3. Sewer That Council hereby prescribes and orders under Section 501 of the Local Government Act 1993, the following sewer charges be now made for the 2018/19 Financial Year.

An annual charge for sewer is applicable to each rateable assessment except:

a) land which is more than 75 metres from a sewer of the Council and is not connected to the sewer; and

b) land from which sewage could not be discharged into any sewer of the Council.

i) Residential Sewer Charges

A Sewer Service Availability Charge is charged in respect of each Residential assessment for which the service is provided or is proposed to be provided. The Sewer Service Availability Charges for the 2018/19 Financial Year are: Residential Sewer Availability Charge (Vacant) $423.00Residential Sewer Charge (Occupied) $565.00




ii) Non-Residential Sewerage Charges

Non-Residential Sewer Charges will be based on the following formula:

SC = SDF x (AC + (C x UC)) SC = Sewerage Charge SDF = Sewerage Discharge Factor AC = Availability Charge C = Total water consumption for meter UC = Sewer Usage Charge

The Sewer Service Availability Charges for the year commencing 1 July 2018 are:

Service Size Charge $ Availability Charge (Not Connected) 423.00Availability Charge (Connected) 20mm 680.00

25mm 838.0032mm 1,022.0040mm 1,369.0050mm 1,710.0080mm 2,733.00

100mm 3,418.00150mm 5,125.00200mm 6,834.00

The Sewer Usage Charge for the 2018/19 Financial Year is:

Sewer Usage Charge ($/Kl) Non-Residential $1.09 per Kl x discharge factor

Discharge Factors required for non-residential properties will be determined on an individual property basis.

iii) Capital Contributions

Contributions to Morse Street Sewer - $1,160 per annum. Capital contributions for the extension of the Sewer System to Morse Street Scone area to be raised annually for seven properties for a 20 year period. Final payment is due 2025/26 and there are no CPI increases.

iv) Trade Waste Charges

2018/19 Charge $ Annual Charges 449.00Multi installation (per equivalent tenement)

449.00

Application Fee Class 1 +2 93.00Class 3 971.00Re-inspection fee 129.00Non Compliance fee (per Kl) 20.00Excess Mass charge for Class 3 discharges ($/kg)

Please refer to Attachment 1 Fees & Charges Schedule




4. Waste Charges Council do hereby prescribe and order under Section 496 of the Local Government Act 1993 for rateable land categorised for rating purposes as residential or farmland and situated within the area in which a Domestic Waste Management Service is able to be provided, that the following waste charges be now made for the year commencing 1 July 2018. Domestic Waste Management Charges Category

Per Annum $

Domestic Domestic Waste Management Charge 360.00State Government Levy 81.30

Vacant Land Vacant Land Waste Charge 88.00

Recycling Recycling Charge 123.00

Domestic charges include rateable and non-rateable assessments. Pro-rata charges are applied.

1. Charge applies to vacant rateable land situated within the area in which a Domestic Waste Management Service is able to be provided

2. Each premises is entitled to one approved mobile waste bin mixed waste service per week and one fortnightly collection of recyclable material for each Domestic Waste Management Service Charge.

3. Each premises is entitled to one approved mobile waste bin mixed waste service per week for each Additional Domestic Waste Management Service Charge.

Council do hereby prescribe and order under Section 501 of the Local Government Act 1993, for land not categorised for rating purposes as residential or farmland and situated within the area in which a Waste Management Service is able to be provided, that the following waste charges be now made for the year commencing 1 July 2018. Waste Management Service Charge Category

Per Annum $

Commercial Aberdeen, Scone, villages 400.00Cassilis, Merriwa 400.00Blandford, Murrurundi 390.00State Government Levy 81.30

Each premises is entitled to one approved mobile waste bin mixed waste service

per week and one fortnightly collection of recyclable material for each Waste Management Service Charge.

Each premises is entitled to one approved mobile waste bin mixed waste service per week for each Additional Waste Management Service Charge.




Council do hereby order under Section 501 of the Local Government Act 1993 that land that is categorised for rating purposes as Farmland or Residential Other or Business Other will incur a charge to fund activities that are not part of normal waste collection and disposal and that the following charge be now made for the year commencing 1 July 2018:

Environmental Waste Control All rural areas $46.00

5. Stormwater Management Services Charges

Council do hereby prescribe and order under Section 496A of the Local Government Act 1993, for land situated within the designated stormwater area, that the following stormwater charges be now made for the year commencing 1 July 2018. Stormwater Charge $25.00Stormwater Charge – Strata Lots $12.50

6. Onsite Sewerage Management System – Approval to Operate Fee

Council do hereby determine a charge for all ratepayers who have an onsite sewerage system on their property and hereby make the charge for 2018/19 as follows: Onsite Sewerage Management Charge per assessment $61.00

7. Interest on Overdue rates and Charges

Council do hereby determine and order, in accordance with Section 566 of the Local Government Act 1993, that if rates and charges are unpaid at the due date, the amount shall be increased by a sum calculated at seven and one half per cent (7.5%) per annum, simple interest, calculated daily for the year commencing 1 July 2018.

8. Hunter Local Land Services Council in accordance with Clauses 36 and 40, Part 4, of the Local Land Services Regulation 2014, as advised by Hunter Local Land Services, levy a Hunter Catchment Contribution in 2018/19 a rate of 0.0111 (zero point zero one one one) of a cent in the dollar on the current land value of the land within the Council area. By virtue of these provisions the Council is authorised, empowered and required to levy the said Catchment contribution on the land.

Moved: Seconded:

BACKGROUND

The Delivery Program & Operational Plan for the period 1 July 2018 to 30 June 2019 incorporates the revenue policies for rates and charges proposed to be levied for 2018/19. Council is required to separately make the rates and charges for the financial year commencing 1 July 2018 in accordance with Sections 534, 535, 538 & 548 of the Local Government Act 1993.




REPORT/PROPOSAL Council’s Delivery Program & Operational Plan for 2018/19, inclusive of the budget and revenue statements with respect to each Ordinary and Special Rates and Charges proposed to be levied, was resolved to be placed on public exhibition by Council at its Ordinary Meeting of 30 April 2018. Council’s Delivery Program & Operational Plan 2018/19 is being considered for adoption at this meeting of Council. In accordance with Sections 534, 535, 538 & 548 of the Local Government Act 1993, Council is required to make the rates and charges for the financial year commencing 1 July 2018. Extracts of the relevant sections of the Act are reproduced below for Councils information.

Section 534 Rate or charge to be made for a specified year

Each rate or charge is to be made for a specified year, being the year in which the rate or charge is made or the next year.

Section 535 Rate or charge to be made by resolution

A rate or charge is made by resolution of the Council.

Section 538 Form of resolution for special rate

(1) In the resolution that makes a special rate, the council must state whether the special rate is to be levied on all rateable land in the council’s area or on only a part of that land.

(2) If the special rate is to be levied on only a part of that land, the council must specify in the resolution the part on which it is to be levied.

Section 548 Minimum amounts

(1) A council, in a resolution making a rate consisting of an ad valorem amount:

(a) may specify a minimum amount of the rate which must be levied in respect of each separate parcel, or

(b) may specify:

(i) a minimum amount of the rate which must be levied in respect of each separate parcel, other than a separate parcel consisting of vacant land, and

(ii) a minimum amount of the rate, being less than the minimum amount of rate specified under subparagraph (i), which must be levied in respect of each separate parcel consisting of vacant land, or

(2) If a council makes an ordinary rate for different categories or sub-categories of land, it may specify a different minimum amount for each category or sub-category of land.

(3) Except as provided by subsection (4), the minimum amount of a rate is to be:

(a) in respect of an ordinary rate, such amount as is determined by the council, not exceeding $259 or such greater amount as may be prescribed by the regulations or, in the case of a rate for which a particular council may, under




subsection (1) or (2), specify a minimum amount, such greater amount as the Minister may determine by instrument in writing, or

(b) in respect of any other rate (not being a water supply special rate or a sewerage special rate), such amount as is determined by the council, not exceeding $2 or such greater amount as the Minister may determine by instrument in writing given to the council.

(4) If the minimum amount of an ordinary rate for the previous year exceeded the amount prescribed or determined in respect of such a rate under subsection (3) (a), the council may determine the minimum amount of the ordinary rate in accordance with subsection (5).

(5) The minimum amount of the ordinary rate must be of such amount as is

determined by the council, not exceeding the amount of the minimum ordinary rate for the previous year increased by the percentage (if any) specified in respect of the council under this Act.

(6) A minimum amount of a rate is not invalid because:

(a) the minimum amount is levied on the whole or any part of the land subject to the rate, or

(b) of the size of the minimum amount.

(7) A council may not specify a minimum amount of a rate consisting of a base amount to which an ad valorem amount is added.

(8) A minimum amount of a rate specified for a parcel of land may not differ from a minimum amount specified for any other parcel of land within the same category or sub-category unless:

(a) the land values of the parcels were last determined by reference to different base dates, and the Minister approves the different minimum amounts.

OPTIONS

Provided that no changes have been made by Council with respect to each Ordinary and Special Rates and Charges proposed to be levied as advertised within the Revenue Statement of the Delivery Program & Operational Plan, Council will need to make the rate as detailed in the recommendation to this report.

If Council has resolved to alter any of the advertised Ordinary and Special Rates and Charges, then the appropriate change to the rate or charge will need to be made prior to making the rate.

CONSULTATION

Councillors General Manager Directors Managers Community




STRATEGIC LINKS

a. Community Strategic Plan 2027 This report links to the Community Strategic Plan 2027 as follows: Goal 8 COMMUNITY STRATEGIES

CS30 Effectively and efficiently manage the business of Council, while encouraging an open and participatory Council with an emphasis on transparency, Community engagement, action and response

CS34 Community is effectively engaged, can provide opinion and contribute to decisions that plan for the present and future of the Upper Hunter Shire.


b. Delivery Program By providing Community leadership and to ensure the delivery of an efficient, effective Local Government Service. c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications Nil b. Financial Implications The draft Delivery Program & Operational Plan includes budgetary allocations for 2018/19 and the levying of rates and charges provides a significant portion of the required funds for Councils operations. c. Legislative Implications The making of the rates and charges for the year commencing 1 July 2018 satisfies legislative obligations under Sections 534, 535, 538 & 548 of the Local Government Act 1993.




d. Risk Implications There is a financial risk if this report is not adopted as Council cannot levy the rates for the next year until there is a resolution of Council to ‘make the rates’ for 2018/19. e. Other Implications Not applicable CONCLUSION The making of the rates and charges for the year commencing 1 July 2018 satisfies legislative obligations under Sections 534, 535, 538 & 548 of the Local Government Act 1993 and ensures Council’s rates levied in 2018/19 are legally raised.

ATTACHMENTS

There are no enclosures for this report RESOLVED That Council make the following rates and charges for the year commencing 1 July 2018 to 30 June 2019:

1. Rates The following Ordinary Rates be now made for the year commencing 1 July 2018.

Category Sub Category Ad-valorem Amount

Cents in $

Minimum Rate $

Farmland 0.440910 510.00Residential Aberdeen 0.652220 510.00

Cassilis 0.652220 492.00Merriwa 0.652220 510.00Murrurundi 0.652220 510.00Scone 0.903990 510.00Ordinary 0.623390 492.00

Business Aberdeen 0.848999 510.00Merriwa 0.848999 510.00Murrurundi 0.848999 510.00Scone 1.004792 510.00Ordinary 0.598990 492.00

Mixed Development Residential


Mixed Development Business


Mining 51.767777 47.00




2. Water Charges

i) A Water Service Availability Charge is charged for each service to the property in respect of land that is supplied with water from a water pipe of the Council and land that is situated within 225 metres of a water pipe of the Council (whether or not actually supplied with water from any water pipe of the Council). The Water Service Availability Charge is based on the service size of the connection to the water supply line. The Water Service Availability Charges for the 2018/19 Financial Year are:

Service Size

Aberdeen/ Scone $

Cassilis/ Merriwa $

Murrurundi $

Availability Charge (Not Connected) 164.00 164.00 180.00Availability Charge (Connected)

20mm 210.00 210.00 276.0025mm 329.00 329.00 431.0032mm 540.00 540.00 706.0040mm 844.00 844.00 1,103.0050mm 1,318.00 1,318.00 1,723.0080mm 3,376.00 3,376.00 4,411.00

100mm 5,275.00 5,275.00 6,892.00150mm 11,868.00 11,868.00 15,507.00200mm 21,098.00 21,098.00 27,568.00

ii) A Consumption Tariff is to be charged per kilolitre for all water supplied. The water consumption tariffs for the 2018/19 Financial Year are:

Consumption Tariff ($/Kl) Aberdeen/ Scone $

Cassilis/ Merriwa $

Murrurundi $

Residential Step 1* 2.18 2.18 2.45Step 2* 3.35 3.35 3.35

Kidney Dialysis Users

1.10 1.10 1.10

Non-Residential Scone Saleyards 1.53 NA NAPrimo Scone Abattoir 1.53 NA NACouncil parks and gardens, cemeteries, pools, etc 0.94 0.94 0.94Other 2.30 2.30 3.18

*Step 1 allowance 75KI for first two accounts in financial year then 100Kl for next two accounts.

3. Sewer That Council hereby prescribes and orders under Section 501 of the Local Government Act 1993, the following sewer charges be now made for the 2018/19 Financial Year.

An annual charge for sewer is applicable to each rateable assessment except:




a) land which is more than 75 metres from a sewer of the Council and is not connected to the sewer; and

b) land from which sewage could not be discharged into any sewer of the Council.

i) Residential Sewer Charges

A Sewer Service Availability Charge is charged in respect of each Residential assessment for which the service is provided or is proposed to be provided. The Sewer Service Availability Charges for the 2018/19 Financial Year are: Residential Sewer Availability Charge (Vacant) $423.00Residential Sewer Charge (Occupied) $565.00

ii) Non-Residential Sewerage Charges

Non-Residential Sewer Charges will be based on the following formula:

SC = SDF x (AC + (C x UC)) SC = Sewerage Charge SDF = Sewerage Discharge Factor AC = Availability Charge C = Total water consumption for meter UC = Sewer Usage Charge

The Sewer Service Availability Charges for the year commencing 1 July 2018 are:

Service Size Charge $ Availability Charge (Not Connected) 423.00Availability Charge (Connected) 20mm 680.00

25mm 838.0032mm 1,022.0040mm 1,369.0050mm 1,710.0080mm 2,733.00

100mm 3,418.00150mm 5,125.00200mm 6,834.00

The Sewer Usage Charge for the 2018/19 Financial Year is:

Sewer Usage Charge ($/Kl) Non-Residential $1.09 per Kl x discharge factor

Discharge Factors required for non-residential properties will be determined on an individual property basis.

iii) Capital Contributions

Contributions to Morse Street Sewer - $1,160 per annum.




Capital contributions for the extension of the Sewer System to Morse Street Scone area to be raised annually for seven properties for a 20 year period. Final payment is due 2025/26 and there are no CPI increases.

iv) Trade Waste Charges

2018/19 Charge $ Annual Charges 449.00Multi installation (per equivalent tenement)

449.00

Application Fee Class 1 +2 93.00Class 3 971.00Re-inspection fee 129.00Non Compliance fee (per Kl) 20.00Excess Mass charge for Class 3 discharges ($/kg)

Please refer to Attachment 1 Fees & Charges Schedule

4. Waste Charges Council do hereby prescribe and order under Section 496 of the Local Government Act 1993 for rateable land categorised for rating purposes as residential or farmland and situated within the area in which a Domestic Waste Management Service is able to be provided, that the following waste charges be now made for the year commencing 1 July 2018. Domestic Waste Management Charges Category

Per Annum $

Domestic Domestic Waste Management Charge 360.00State Government Levy 81.30

Vacant Land Vacant Land Waste Charge 88.00

Recycling Recycling Charge 123.00

Domestic charges include rateable and non-rateable assessments. Pro-rata charges are applied.

1. Charge applies to vacant rateable land situated within the area in which a Domestic Waste Management Service is able to be provided

2. Each premises is entitled to one approved mobile waste bin mixed waste service per week and one fortnightly collection of recyclable material for each Domestic Waste Management Service Charge.

3. Each premises is entitled to one approved mobile waste bin mixed waste service per week for each Additional Domestic Waste Management Service Charge.

Council do hereby prescribe and order under Section 501 of the Local Government Act 1993, for land not categorised for rating purposes as residential or farmland and situated within the area in which a Waste Management Service is




able to be provided, that the following waste charges be now made for the year commencing 1 July 2018. Waste Management Service Charge Category

Per Annum $

Commercial Aberdeen, Scone, villages 400.00Cassilis, Merriwa 400.00Blandford, Murrurundi 390.00State Government Levy 81.30

Each premises is entitled to one approved mobile waste bin mixed waste

service per week and one fortnightly collection of recyclable material for each Waste Management Service Charge.

Each premises is entitled to one approved mobile waste bin mixed waste service per week for each Additional Waste Management Service Charge.

Council do hereby order under Section 501 of the Local Government Act 1993 that land that is categorised for rating purposes as Farmland or Residential Other or Business Other will incur a charge to fund activities that are not part of normal waste collection and disposal and that the following charge be now made for the year commencing 1 July 2018:

Environmental Waste Control All rural areas $46.00

5. Stormwater Management Services Charges

Council do hereby prescribe and order under Section 496A of the Local Government Act 1993, for land situated within the designated stormwater area, that the following stormwater charges be now made for the year commencing 1 July 2018. Stormwater Charge $25.00Stormwater Charge – Strata Lots $12.50

6. Onsite Sewerage Management System – Approval to Operate Fee

Council do hereby determine a charge for all ratepayers who have an onsite sewerage system on their property and hereby make the charge for 2018/19 as follows: Onsite Sewerage Management Charge per assessment $61.00

7. Interest on Overdue rates and Charges

Council do hereby determine and order, in accordance with Section 566 of the Local Government Act 1993, that if rates and charges are unpaid at the due date, the amount shall be increased by a sum calculated at seven and one half per cent (7.5%) per annum, simple interest, calculated daily for the year commencing 1 July 2018.




8. Hunter Local Land Services Council in accordance with Clauses 36 and 40, Part 4, of the Local Land Services Regulation 2014, as advised by Hunter Local Land Services, levy a Hunter Catchment Contribution in 2018/19 a rate of 0.0111 (zero point zero one one one) of a cent in the dollar on the current land value of the land within the Council area. By virtue of these provisions the Council is authorised, empowered and required to levy the said Catchment contribution on the land.

Moved: Cr K Fisher Seconded: Cr M Collison CARRIED




G.06.3 REQUEST FOR DONATION - SCONE PUBLIC SCHOOL P & C BLOOM MARKETS



PURPOSE

The purpose of this report is to consider providing a donation to Scone Public School P & C towards the annual Bloom Markets to be held on 28 July 2018 at Scone Public School.

RECOMMENDATION

That Council provide a donation to the value of $200 to Scone Public School P & C towards the running of the Bloom Markets to be held on 28 July 2018.

Moved: Seconded:

BACKGROUND

Council has received a request from the Scone Public School P & C Association for a donation towards their Bloom Markets to be held on 28 July 2018. REPORT/PROPOSAL

The Scone Public School P & C Association are again hosting the 2018 Bloom Markets which will be held at the Scone Public School. Bloom Markets are a community event, showcasing arts, crafts and foods produced by our local community. Bloom Markets has become their major fundraiser and are requesting a donation from Council to assist with the costs of staging the event. All proceeds from the Bloom Markets are directed back into the School. OPTIONS

1. Provide a donation to the recommended value. 2. Provide a donation to an alternate value. 3. Not provide a donation. CONSULTATION

Director Operations STRATEGIC LINKS

a. Community Strategic Plan 2027 This report links to the Community Strategic Plan 2027 as follows:

COMMUNITY LIFE Goal 1 A supported Community. CS3 Advocate for, support and provide services and facilities for young people,

children, families and people with a disability CS4 Facilitate partnerships which create and support a safe, inclusive and caring

Community




Goal 2 Promote wellbeing and a connected, healthy and happy Community. CS7 Provide and support a broad range of sport, recreation, health and wellness

program to target age specific needs of residents including younger children, over children, adolescents, families, seniors and people with a disability.


b. Delivery Program

Assistance to Community organisations and individuals to participate in programs to enhance the physical environment.

Safe and accessible facilities as a meeting place for the community. Promotion of sporting activities and healthy lifestyles within the Shire.

c. Other Plans

Nil IMPLICATIONS


The request fits within Council’s Donations Policy.


Funds are available under Council’s Donation budget.


Nil


Appropriate Risk Assessments would be required for the event on Council property.


Nil CONCLUSION

It is recommended that Council provide a donation of $200 for the Scone Public School P & C 2018 Bloom Markets.

ATTACHMENTS

1 Scone Public School P & C - 2018 Bloom Markets - Request for Donation - 31 May 2018




RESOLVED That Council provide a donation to the value of $200 to Scone Public School P & C towards the running of the Bloom Markets to be held on 28 July 2018.


ATTACHMENT NO: 1 - SCONE PUBLIC SCHOOL P & C - 2018 BLOOM MARKETS - REQUEST FOR DONATION - 31 MAY 2018

ITEM NO: G.06.3





G.06.4 REQUEST TO WAIVE FEES - MERRIWA LITTLE SPROUTS



PURPOSE The purpose of this report is to consider a request from Merriwa Central School to waive fees associated with hiring the Merriwa School of Arts for the annual Little Sprouts Community Reading Day.

RECOMMENDATION That Council provide a donation to the value of the fees of $190 being the fees applicable for the hire of the Merriwa School of Arts on 24 August 2018.

Moved: Seconded:

BACKGROUND Merriwa Central School has written to Council requesting that the fees applicable for hiring the Merriwa School of Arts on 24 August 2018 be waived. Merriwa Central School organises an annual Little Sprouts Community Reading Day where students from surrounding schools come together to read with members of the community at local businesses and take part in various activities. They are hosting 250 children and providing recess, lunch, activities and books for all participants. REPORT/PROPOSAL Council has previously supported the event over a number of years. The school is happy to provide acknowledgement of Council’s assistance at the event. OPTIONS 1. Accept the recommendation and provide donation. 2. Amend the recommendation and provide an alternative amount. 3. Reject the recommendation and not provide a donation.

CONSULTATION

Director Operations. STRATEGIC LINKS a. Community Strategic Plan 2027 This report links to the Community Strategic Plan 2027 as follows:




COMMUNITY LIFE GOAL 2

CS7 Provide and support a broad range of sport, recreation, health and wellness programs to target age specific needs of residents including younger children, older children, adolescents, families, seniors and people with a disability.


b. Delivery Program

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

c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications The request fits within Council’s donation policy. b. Financial Implications Under the preferred option, the financial implications will be $190 which is available within the Donations budget. c. Legislative Implications Nil d. Risk Implications All events require a risk evaluation to be undertaken prior to the event. e. Other Implications Nil




CONCLUSION The recommendation is to provide assistance to the Merriwa Little Sprouts Community Reading Day to be held on 24 August 2018 at the Merriwa School of Arts.

ATTACHMENTS

1 Merriwa Central School - Little Sprouts Community reading day - Friday 24 August 2018

RESOLVED That Council provide a donation to the value of the fees of $190 being the fees applicable for the hire of the Merriwa School of Arts on 24 August 2018.

Moved: Cr M Collison Seconded: Cr L Watts CARRIED

ATTACHMENT NO: 1 - MERRIWA CENTRAL SCHOOL - LITTLE SPROUTS COMMUNITY READING DAY - FRIDAY 24 AUGUST 2018

ITEM NO: G.06.4





INFRASTRUCTURE REPORTS

I.06.1 SCONE RAIL OVERPASS


AUTHOR: Jeff Bush - Manager Strategic Assets

PURPOSE

The purpose of this report is to update Council on the four proposed options for the Scone town centre rail overbridge and recent discussions held with the various emergency service providers.

RECOMMENDATION

That Council 1. Note the report. 2. Work with the RMS, other government departments and the community to further

develop a proposal for a northern rail overpass in Muffett Street and continue to lobby for appropriate funding.

3. Request the RMS investigate and implement a suitable intelligent transport system (ITS) to inform emergency services the need to divert early to the bypass or overpass due to an approaching train.

Moved: Seconded:

BACKGROUND In April 2014 the Roads and Maritime Services announced that building a two lane highway bypass to the west of Scone was the preferred option to improve the negative impact of rail operations, which at times can divide the town by closing access at both the Kelly Street and Liverpool Street crossings. This potentially impedes emergency service access to the western side of the rail line. Council’s Mayor and General Manager met with the Hon Melinda Pavey, Minister for Roads, Maritime & Freight, at Parliament House to discuss financial assistance for the Scone town centre revitalisation, Kelly Street pavement upgrade, flooding improvement in Kelly Street and the rail overpass options. The overpass remains a high priority in regards to the implications and expectations of the emergency services providers. Currently train timetables suggests that the number of train movements at Liverpool Street crossing is up to 28 movements per day (downward and upward paths – this includes passenger and other freight such as grain). To transport 28 mtpa of coal is 10 paths downward (based on a total of 20 movements per day – average tonnes per train of 8,000 and 340 days per annum). By 2027, to transport 47 mtpa of coal will mean 17 downward paths, a minimum of 34 movements per day plus another 10 for passenger and other freight to give a total of 44 movements per day. Council has previously presented the concern that the solution was not an ‘either/nor’ but needed to be both (ie: simultaneous construction of an overpass and bypass). The RMS agreed in principal that the dual option was the most beneficial for all parties as it resolves the




local access and emergency issues created by the Great Northern Rail Line, the effects of heavy vehicles through the CBD and highway efficiency. The original study area for the overbridge focused on the New England Highway/Kelly Street corridor and the proposed bypass. The location of the Scone industrial area and saleyards as a proposed site is of particular importance as this area is currently accessed from Muffet Street and generates heavy vehicle movements along Kelly Street and through the CBD. REPORT/PROPOSAL

The four options considered are located at: St Aubins Street (Option A) - $16.5 million Kelly Street at existing rail crossing location (Option B) - $23.5 million Sherwood Street (Option C) – $25.0 million Muffet Street/Makybe Diva Street (Option D) – $31.0 million

Of the four options three are located in the Scone Town centre whilst the fourth option is located north of the town centre.

The bases of all of Scone’s emergency services are concentrated in a small area east of Kelly Street. With the level crossings closed this would sever emergency services from the western areas of Scone. The bypass would alleviate some of the issue with emergency services able to travel south to the proposed bypass interchange and then utilise the bypass to access the area west of the rail line.

Council staff have discussed the four options with the emergency service providers (NSW Police, Ambulance and Fire & Rescue). Please refer to the attached correspondence. All indicated that the bypass, with the improved connectivity at the southern interchange and the St Aubins Street intersection along with a northern overpass would allow them to meet their required response times. Although travelling to the southern interchange is not ideal due to the additional distance required to be travelled (1.8km), this provides an acceptable level of accessibility if the emergency service vehicles travelled directly to the interchange when the rail crossings are closed. This assumption requires the emergency services to have advanced information on the likely closure and reopening of the level crossings, so the most appropriate route through the network can be planned. This would require ITS (intelligent transport systems) to be installed informing the emergency services of train locations and an estimate of when and how long the level crossings will be closed.

The traffic and transport impacts of each option were assessed and the potential benefits and negative impacts identified. Generally the traffic and transport impacts of the proposed overpasses of the rail line showed very little difference in overall network performance between the four options proposed. OPTIONS

Work with the RMS to further develop a mutually preferred proposal for the rail overpass. CONSULTATION

Emergency Service providers Roads & Maritime Services Asset staff




STRATEGIC LINKS a. Community Strategic Plan 2027 This report links to the Community Strategic Plan 2027 as follows: This report is relevant to key focus area 6 of the community Strategic Plan “Maintain and enhance civil infrastructure and community assets to meet the needs of current and future generations”. The provision and renewal of infrastructure is consistent with the Community Strategic Objective 19, “Provide for replacement and improvement of community infrastructure through best practice and risk management.” We are working to achieve the following Community Priorities:

b. Delivery Program

The project proposal relates to the objective “Establish and maintain assets which enhance the public domain and improve the amenity of the Shire”.

c. Other Plans

Scone CBD Revitalisation Masterplan IMPLICATIONS


Nil


An overbridge option is outside the scope of the funded bypass and would need to attract additional funding commitment to proceed to the construction stage.


Nil


Potential risks to progressing any of the options may include, but not limited to:

Stormwater and flood assessments Completion of road safety assessments Utilities investigations Completion of environmental assessments and approvals Detailed cost estimates and economic analysis.





Nil CONCLUSION

Council advocates on behalf of the community on the rail over bridge project for the benefit of our local community and visitors. Council will continue to advocate for better option outcomes that improve traffic safety and meet the overall objectives of Council and the community.

ATTACHMENTS

1 NSW Police - Hunter Valley Police District

2 NSW Ambulance - Hunter New England Sector

3 Fire & Rescue - Central West and Upper Hunter

AMENDED RECOMMENDATION That Council:

1. Note the report. 2. Work with the RMS, other government departments and the community to further

develop a proposal for a northern rail overpass in Kelly Street and continue to lobby for appropriate funding.


4. Rescind the following resolution which was adopted at the ordinary Council meeting held on 23 September 2013: That Council: 1. Oppose the RMS Scone Bypass plan with a design speed of 100kph provided to

Council on the 13 September 2013. 2. In consultation with the RMS and key stakeholders further develop and advocate

the preferred solutions of the dual rail overpasses option in Kelly Street and an 80kph bypass alignment.

3. Engage with the local community, state and federal members in direct opposition to the new plan should RMS continue to advocate the full 100kph bypass option as detailed in the RMS plan provided on 13 September 2013.

4. That, in the context of the previous in-principle agreement for a preferred option and in the interest of collaboration to finalise an agreed option for further community engagement, Council accept the Roads & Maritime Services’ proposal for a further meeting with Council representatives on 16 October 2013.

Moved: Cr L Watts Seconded: Cr S Abbott

AMENDMENT TO THE MOTION RESOLVED That Council:

1. Note the report. 2. Work with the RMS, other government departments and the community to further

develop a proposal for a northern rail overpass in Muffett Street and continue to lobby for appropriate funding.





4. Rescind the following resolution which was adopted at the ordinary Council meeting held on 23 September 2013: That Council: 1. Oppose the RMS Scone Bypass plan with a design speed of 100kph provided

to Council on the 13 September 2013. 2. In consultation with the RMS and key stakeholders further develop and

advocate the preferred solutions of the dual rail overpasses option in Kelly Street and an 80kph bypass alignment.

3. Engage with the local community, state and federal members in direct opposition to the new plan should RMS continue to advocate the full 100kph bypass option as detailed in the RMS plan provided on 13 September 2013.

4. That, in the context of the previous in-principle agreement for a preferred option and in the interest of collaboration to finalise an agreed option for further community engagement, Council accept the Roads & Maritime Services’ proposal for a further meeting with Council representatives on 16 October 2013.

Moved: Cr J Brown Seconded: Cr J Burns CARRIED

ATTACHMENT NO: 1 - NSW POLICE - HUNTER VALLEY POLICE DISTRICT ITEM NO: I.06.1


ATTACHMENT NO: 2 - NSW AMBULANCE - HUNTER NEW ENGLAND SECTOR ITEM NO: I.06.1


ATTACHMENT NO: 3 - FIRE & RESCUE - CENTRAL WEST AND UPPER HUNTER ITEM NO: I.06.1





RESPONSES TO PREVIOUS QUESTIONS

RPQ.06.1 RESPONSES TO PREVIOUS QUESTIONS



RECOMMENDATION For notation only. BACKGROUND At the ordinary meeting of Council on 28 May 2018 the following questions were asked: Cr Lee Watts

1. Asked where the live minutes were.

Response: The General Manager replied that there has been a few technical issues and that the minutes will be done live at next month’s meeting.

2. Murrurundi Library Facebook has been running for a while now, can you provide a

timeline when the other libraries will have their own page operated by the Branch Librarians?

Response: The Director Environmental & Community Services replied that he will

consult with the Community Services Manager and Communications Team. Update: A report in relation to this matter is being considered by the Library Services

Advisory Committee at its meeting to be held on 20 June 2018. A timeline for establishing additional library Facebook pages will be provided once this matter has been considered by the Committee.

3. Can Councillors have an update on the street sign audit, it was last year when I put this

forward and have already raised it previously?

Response: The Executive Manager Infrastructure Services advised that an audit has been undertaken, signs have been ordered and some have been installed.

Update: The installation of new signs is ongoing and the audit will continue to include

all towns over the next 12 months.

4. I note the RV is mentioned in the Economic Development Minutes however this is an ongoing discussion that I believe should be developed and up and running prior to the bypass construction. Is it possible to move quicker on this RV Park?

Response: The General Manager advised that staff is in consultation with other councils with RV Parks and looking at getting this completed.




Cr Sue Abbott

1. Asked has Muswellbrook Shire Council responded to our request to stop calling their libraries the “Upper Hunter Regional Library”.

Response: The General Manager replied that Council has contacted Muswellbrook

Shire Council requesting that this be considered.

Update: A letter has been sent to Muswellbrook Shire Council regarding their use of the name ‘Upper Hunter Regional Library’. A response is yet to be received.

2. Asked when the Warbirds Attraction is built, what is the guarantee that the warbirds

stay with the structure.

Response: The General Manager replied that this would be part of the contractual negotiations.

Cr Josh Brown

1. Was the Street Sign Audit carried out for the entire Shire? The Moore Street sign in Blandford is missing the word ‘Street’ and there is confusion with Page Street and Pages Street in Murrurundi. Could these be added to the list.

Response: The Executive Manager Infrastructure Services replied that the Audit has

been carried out for the entire Shire.

Update: The installation of new signs is ongoing and the audit will continue to include all towns over the next 12 months.

2. Could the General Manager write to the State Member requesting the erection of bus

stop signs in Murrurundi to promote the NSW Trainlink bus service and to make it easier for intending passengers to locate the bus stop?

Response: The General Manager agreed that this will be done.

3. There have been reports of a number of incidents in Murrurundi involving dangerous

dogs. What policies and procedures does Council have in place to manage and control dangerous dogs? When were these last reviewed?

What feedback (on action taken) does Council provide to complainants?

Can Council undertake a compliance audit of all dangerous dog orders?

What is the effect of a ‘nuisance order’ on a dangerous dog?

In the circumstances where a dog has killed another animal but is not detained within 72 hours of the attack, I am advised under s18(1) of the Companion Animals Act, Council is powerless to seize the dog. This has the effect of the owner of a dangerous dog being able to hide the animal for three days and avoiding seizure. Will the General Manager write to the State Member seeking advice on why the 72 hour time limit is in place and requesting a change to the Companion Animals Act that would remove the 72 hour time limit?




Response: The Director Environmental & Community Services advised that Council does have a number of procedures based on the NSW Companion Animals Act and these procedures were reviewed last year. Council does provide feedback to owners however confidentiality needs to be considered under the Companion Animals Act 1998. Council will undertake a more detailed audit of dangerous dogs within the Shire. A ‘nuisance order’ is normally issued for dogs that pose a nuisance including dogs that are habitually at large, make unreasonable noise or repeatedly chase people. The order requires the owner of the dog to ensure that the dog ceases the behaviour.

The General Manager agreed to write to the State Member seeking advice on the 72 hour time limit and request that it be removed.

Update: An audit of dangerous dogs is currently underway. A letter to the State Member is being drafted.

Cr Ron Campbell

1. After receiving the letter regarding all dwellings in Merriwa are in the heritage area, the owner of a house built in the 1960s which is in the heritage conservation area wishes to replace the roof. It has a roof of an imitation aluminium tile with gravel impregnated into the surface covered with a black substance. Apparently this material was commonly used on a number of buildings. This material has come loose with weathering and blocks the gutters causing water to overflow the gutter outlets. Some of the residue remains in the gutters causing the gutters to rust. The owner would like to replace the roof material with a zincalume product that would reflect the heat and not use a product similar to the existing one that only extenuated the heat. As it is in a heritage area the owner asks how can a building be classified as a heritage building when asbestos was a commonly used product in the 1960s?

Cr Campbell asked that Council review the method of heritage listing of buildings within the Shire. Under the present system of listing, it now includes buildings that are not historically significant, having been recently built.

Response: Taken on notice. Update: The Merriwa Heritage Conservation Area has been in place for a number of

decades. Council assesses developments in the conservation area on a case by case basis and understands that many buildings within the conservation area have no heritage significance. A review of the heritage conservation area will be undertaken when funding becomes available.

2. The resident of 54 Marquet Street Merriwa has been promised the entrance and

driveway to the house she now lives in would be concreted by Council. The work was to be completed last year. To date the work has not occurred.

Response: Taken on notice. Update: The proposed works at 54 Marquet Street, Merriwa will be programmed over

the coming months.




3. This matter dates back at least 3 years. The street sign spelling on the sign McKenzie Street, Merriwa. Can Council clarify if the sign should read McKenzie St or MacKenzie St. The signs erected do not agree on the spelling.

Response: Taken on notice. Update: The installation of new signs is ongoing and the audit will continue to include

all towns over the next 12 months.


COUNCILLOR QUESTIONS Cr Lee Watts 1. I am aware there was recent culling of deer outside of Murrurundi. Can Council please look

at methods to get rid of the deer in the towns limits, they are invading people’s gardens which has been going on for quite some time?

Response: Taken on notice

2. Does Council have a program to move kangaroo and other animals that have been hit and

killed on the roads in the Shire, not just to move on the side but to remove completely. There seems to be many left on the roads.

Response: The mayor replied that staff travelling along those roads would remove

animals killed on the roads. Cr Sue Abbott

1. Animal Control ‐ In light of the Murrurundi community’s concern regarding loose and dangerous

dogs, does council believe that we are living up to the draft DPOP statement found on page 162 in the section “This is how we measure it” … and I quote “animal control functions provided to the community at levels that meet their expectations” are greater than 90%? Over at least the last 6 months Murrurundi residents have raised many instances of dog attacks resulting in deaths to pets and livestock, and I have been informed that many Murrurundi residents feel that council is doing nothing to remedy this alarming situation.

‐ Please can I have a complete breakdown of monies from the years 2016-2017 and 2017-2018, that were allocated and used for animal control … down to the last bag of kibble?

‐ When are we going to insulate the cat section of the pound? And can we please not look at using fans as a summer solution for cooling the area. We all that sitting in a tin shed in 40+ degrees is not optimum.

‐ What is the purpose for the big empty shed which is situated at the dog pound area?

Response: The Director Environmental & Community Services advised that a design is

being drawn up for a new roof at the Cattery which will require Development Consent. Quotes will then be obtained.

The Director Environmental & Community Services advised that council is doing what it can regarding dangerous and loose dogs. An audit is being undertaken. The Director replied that Council do respond to any complaints received. There are various enforcements and actions Council can take and are doing that.

2. Library

‐ The technical services librarian whom we share with Muswellbrook Council, has resigned and the Upper Hunter Shire Council Library Services Advisory Committee requests that Muswellbrook Council (1) fills the position as soon as possible for the remainder of the maternity leave position, and (2) provide a report to the Upper Hunter Shire Council on the allocation of tasks and hours provided by the technical


services librarian? The Upper Hunter Shire Council pays a significant sum of money for the services of the technical services librarian and we appreciate them, but we will not be happy to wait until next January 2019 for them.

‐ Are the Cassilis, Aberdeen, Merriwa and Murrurundi libraries deemed operational land or community land?

Response: The Director Environmental & Community Services advised that staff will

check the land register to see what the status is of the land the libraries are on.

The Director replied, with regards to the Technical Services Librarian, that Council will write to Muswellbrook Shire Council.

3. Tomra Cleanaway and the EPA

‐ Has council had any feedback from the EPA in relation to disability access to the Return and Earn machines? I have been in communication with TOMRA cleanaway and they inform me that their new machines being installed have disability access, and that they are working on a solution to provide like access to their old machines. Could council perhaps communicate with TOMRA cleanaway and suggest that they swap our 6 month old machines with their new ones as we are not happy that still not all residents in the Upper Hunter Shire can use their ‘old’ machines.’

Response: The Director Environmental & Community Services advised that Council has written to the EPA and to his knowledge, has not yet received a response. The Director will follow up with this matter.

4. Code of conduct

‐ How much did the 2017 code of conduct matter cost to the Upper Hunter Shire community? The community has a right to know.

Response: Taken on notice

5. Bypass

‐ In relation to the Scone Bypass, the Scone community is gravely concerned. Scone is not being bypassed; it is being cleaved in two. Many residents feel that there has been a lack of communication and information from both the Upper Hunter Shire Council and the RMS. Many residents of Scone are justifiably concerned about the irrevocable change that is on Scone’s horizon. There are many questions being asked by Scone residents, and they want answers before the bypass constructions works begin.

‐ Residents of Aberdeen and Wingen Streets want to know what is the RMS going to do about the trucks crossing Liverpool and Aberdeen Street as these trucks cart gravel to the golf course/bypass building-site? The residents had a meeting with the RMS this morning and they were informed that this issue is a council matter. So what is the UHSC going to do?

‐ Residents of Aberdeen and Wingen Streets want to know what is the RMS going to do about the St Aubin’s Street intersection and the increase in traffic along this part of Scone? At the same meeting with the RMS this morning, the residents were told this issue is nothing to do with the RMS but again were informed that this issue is a council matter. So my question is what is the UHSC going to do about the increase


in traffic on these quiet local roads as a result of flowing off and on the St Aubin’s Street intersection?

‐ Many residents are concerned that sodic soils throughout the Scone floodplain will have an impact on the bypass infrastructure and its longevity. Is council concerned about the levels of high sodicity that may affect embankment stability and plasticity?

‐ Is council concerned about the potential of low wet-bearing strengths? ‐ Has the RMS conducted proper and thorough assessments of both current and

future soil and landscape factors and processes in order to reassure the Scone community that the Scone Bypass is to be constructed and maintained appropriately?

‐ Has the RMS considered the likelihood of gullying as a result of poor sodic soil management in the Scone bypass area which could also affect many hectares of adjoining property owners’ land?

‐ What is the Scone Bypass’ design life? ‐ What protections are in place for the stand of river red gums which are an

endangered ecological community (EEC)? ‐ Are the RMS engineers properly and expertly acquainted with soil science? ‐ In light of these questions, can the Upper Hunter Shire Council seek an interim

injunction to halt the building of the Scone Bypass until the Scone community has the answers to their questions? I, myself, feel very poorly briefed on this matter, and still wonder why Scone is getting a bypass when Muswellbrook and Singleton are not, notwithstanding that both Muswellbrook and Singleton wanted them so much more that we did. We wanted safe and efficient passage for emergency vehicles.

Response: Taken on notice. The General Manager advised that he will check if Council staff attended the meeting today with RMS. The GM advised that there has been a number of meetings with RMS, and presentations held with the community. Staff will be meeting with Daracon on a regular basis. Council is mindful of the changes about to take place.

6. Refugees

‐ In light of recent distressing images of children being separated from their parents at US borders, it comes as a salutary reminder that our human rights record for asylum seekers and refugees is none too kind. Would council consider writing to our local member to suggest that he makes representations on our behalf to close down the Manus Island and Naru refugee processing centres, and to open up refugee processing centres here in Australia in order to administer refugee/asylum seeking claims. I understand that we need to have limits on immigration but to outsource this sensitive process overseas where matters are conducted behind closed doors is horrific and inhumane, and it does not sit well with me that it is done in my name, our name.

Response: The Mayor advised that this issue is outside the jurisdiction of Local

Government. The Mayor advised Cr Abbott that a lot of her questions could go through Council’s Committees. He suggested that Councillors exhaust all other avenues before using Councillor Questions. Many of the issues could go through the relevant Committee then come to Council as a recommendation.


Cr Brown Asked which agencies are responsible for the culling of deer.

Response: The Director Environmental & Community Services advised that he believes the Local Land Services are involved however will take the question on notice.

Cr James Burns Can Council please make representations to the Management team at Lake Glenbawn with regards to the refuelling of boats, recreational vehicles and camping utilities? Can an area be provided for the safe refuelling of items inside the Park for visitors who choose to use fuel not available at the kiosk and keep some money in the area?”

Response: Taken on notice Cr Driscoll Asked when the line marking on the disabled carpark at Aberdeen RSL will be done.

Response: Taken on notice Cr Kiwa Fisher I have been asked several times recently about off leash dog walking areas in Scone. There is a degree of confusion following the refusal by IPART of the SRV. One of the SRV projects was an off leash area. A proposal has been put to me by members of the community who walk their dogs at the Bill Rose sports complex, that they be allowed to let their dogs off leash before 8.00am in the morning. Please can Council consider this option?

Response: The Director Environmental & Corporate Services suggested that a report be prepared for the Development & Environmental Services Committee’s consideration.


CLOSED COUNCIL RESOLVED That Council move into Closed Council with the press and public excluded in accordance with Section 10(2)(c) of the Local Government Act 1993.


Report To Confidential Ordinary Council Meeting 25 June 2018



CONFIDENTIAL REPORTS

CR.06.1 PURCHASE OF LAND


AUTHOR: Alan Fletcher - Special Projects Manager

This matter is considered to be confidential under Section 10A(2) (d i) of the Local Government Act, as it deals with commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it.

PURPOSE The purpose of this report is for Council to consider proceeding with a strategic land purchase. RESOLVED That Council defer the item to the next Council meeting.

Moved: Cr J Brown Seconded: Cr J Burns CARRIED RETURN TO OPEN MEETING RESOLVED that the meeting move back into Open Council.

Moved: Cr M Collison Seconded: Cr J Burns CARRIED Upon resuming Open Council the following recommendations were adopted: CR.06.1 Purchase Of Land RESOLVED that Council defer the item to the next meeting.


THERE BEING NO FURTHER BUSINESS THE MEETING CLOSED AT 6.50PM.