minutes of the ordinary meeting of upper hunter …€¦ · 1. note the expression of interest...

MINUTES OF THE ORDINARY MEETING OF UPPER HUNTER SHIRE COUNCIL HELD ON TUESDAY 27 JANUARY 2009 AT THE COUNCIL CHAMBERS, MAIN STREET, SCONE

COMMENCING AT 4.05PM PRESENT: Cr Michael Johnsen (Mayor), Cr Lee Watts (Deputy Mayor), Cr Errol Bates, Cr Peter Hodges, Cr Deirdre Peebles, Cr Bill Howey, Cr Claire Pfister-Paradice and Cr Lorna Driscoll. APOLOGIES: Nil IN ATTENDANCE: Mr Daryl Dutton (General Manager), Mr David Casson (Director Environmental Services), Mr Bede Spannagle (Director Technical Services), Mr Steve Pryor (Acting Director Corporate Services), Mrs Robyn Adams (Manager Finance), Ms Bronwyn Farr (Public Relations Officer) and Mrs Robyn Cox (Executive Personal Assistant) ADOPTION OF MINUTES:

RESOLVED that the minutes of the ordinary meeting held on 22 December 2008 be adopted.

Moved: Cr D Peebles Seconded: Cr E Bates CARRIED

DECLARATIONS OF INTEREST: Cr Michael Johnsen C.1.5 Community Services Committee Nominations D.1.1 Development Application No. 328/08 – Subdivision Into Two

Allotments – Sepp 1 Objection G.1.5 Sponsorship - Scone Grammar School – Musical Cr Claire Pfister-ParadiceG.1.5 Sponsorship - Scone Grammar School – Musical

PUBLIC PARTICIPATION: G.1.1 Young Endeavour Scheme 2008 Amelia Bramley Debbie Belfield Liam Harding Cameron Zofrea

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ACTING MAYORAL MINUTES.................................................................................... 1

A.1.1 UPPER HUNTER SHIRE COUNCIL ADMINISTRATION CENTRE - SCONE..........................1 A.1.2 ADVANCING ABERDEEN COMMITTEE..................................................................................2 A.1.3 DEVELOPMENT APPLICATION NO. 326/08 - ADDITIONS TO EXISTING SCONE MEDICAL

PRACTICE, 7 SURMAN STREET SCONE ...............................................................................4 A.1.4 ABC LEARNING CENTRE – SCONE........................................................................................5

COMMITTEE/DELEGATES REPORTS ....................................................................... 7

C.1.1 FINANCE COMMITTEE ............................................................................................................8 C.1.2 ARTS ~ UPPER HUNTER BOARD GENERAL MEETING........................................................9 C.1.3 MURRURUNDI AUSTRALIA DAY WORKING PARTY ...........................................................16 C.1.4 DEVELOPMENT AND ENVIRONMENTAL SERVICES COMMITTEE ...................................17 C.1.5 COMMUNITY SERVICES COMMITTEE NOMINATIONS ......................................................20

DEVELOPMENT......................................................................................................... 30

D.1.1 DEVELOPMENT APPLICATION NO. 328/08 – SUBDIVISION INTO TWO ALLOTMENTS –

SEPP 1 OBJECTION...............................................................................................................30

GENERAL ADMINISTRATION .................................................................................. 42

G.1.1 YOUNG ENDEAVOUR SCHEME 2008 ..................................................................................42 G.1.2 SPONSORSHIP - CASSILIS CAMPDRAFT AND RODEO ASSOCIATION ...........................44 G.1.3 SHIRE BOUNDARY ADJUSTMENT.......................................................................................46 G.1.4 2009 BUSH BURSARY / CWA WOMENS ASSOCIATION SCHOLARSHIP ..........................50 G.1.5 SPONSORSHIP - SCONE GRAMMAR SCHOOL - MUSICAL................................................51 G.1.6 INDEPENDENT INQUIRY INTO SECURE AND SUSTAINABLE URBAN WATER SUPPLY

AND SEWERAGE SERVICES FOR NON-METROPOLITAN NSW........................................53 G.1.7 HUNTER AND CENTRAL COAST NATURAL DISASTER RELIEF PROGRAM JUNE 2007 .63 G.1.8 EXTENSION OF TOWN WATER SUPPLY TO THE MIDDLEBROOK/TULLONG ROAD AREA

74

POLICY MATTERS .................................................................................................... 76

H.1.1 COUNCIL POLICIES...............................................................................................................76

of 80 of the minutes of the ordinary meeting of Upper Hunter Shire Council held on Tuesday, 27 January 2009 MAYOR GENERAL MANAGER

ACTING MAYORAL MINUTES Section: ACTING MAYORAL MINUTES REP:2/09

A.1.1 UPPER HUNTER SHIRE COUNCIL ADMINISTRATION CENTRE - SCONE Council: 27 January 2009

RECOMMENDATION: That Council name the Committee Room No 1, within the new Upper Hunter Shire Council Administration Centre, the “Barry Rose Room” in honour of and acknowledgement for the Mayor, Cr Barry Rose OAM. BACKGROUND: All Councillors and members of staff and the community acknowledge the contribution that Mayor Barry Rose OAM, has made to this community and to Local Government. The need for a new Administration Centre for the Shire was recognised by Cr Rose and promoted as a project worthy of community and Council support. The new Administration Centre will be completed by mid 2009 and it would be fitting for Council to confirm its acknowledgement for Cr Rose and name the prominent meeting room in his honour. ISSUES: The new Upper Hunter Shire Council Administration Centre is under construction and due for completion by mid 2009. The Mayor, Cr Rose, has contributed greatly to this Council and the community over many years. Council has an opportunity to honour and acknowledge in perpetuity that contribution by naming the prominent meeting room in his honour. SUSTAINABILITY: No issues. OPTIONS: To agree, disagree or modify the recommendation. FINANCIAL CONSIDERATIONS: Negligible – cost of signage. RESOLVED that Council name the Committee Room No 1, within the new Upper Hunter Shire Council Administration Centre, the “Barry Rose Room” in honour of and acknowledgement for the Mayor, Cr Barry Rose OAM.

Moved: Cr L Driscoll Seconded: Cr L Watts CARRIED


Section: Acting Mayoral Minute REP-19/09

A.1.2 ADVANCING ABERDEEN COMMITTEE Council: 27 January 2009 RECOMMENDATION: That Council endorse the following people as still being members of the Advancing Aberdeen Committee:-

Michael Blay Myra Bains Heather Watson Janet Sumner

BACKGROUND: Following the departure of Council’s former Director of Corporate Services and the illness to Council’s Mayor there has been some confusion over a number of the members of the Advancing Aberdeen Committee’s continued role on the committee. A letter from those members (copy attached) has requested that this situation be clarified and that Council confirm their continued membership on the Committee. ISSUES: Nil SUSTAINABILITY: Not applicable. OPTIONS: To accept or reject the recommendation. FINANCIAL CONSIDERATIONS: Nil. RESLOVED that Council endorse the following people as still being members of the Advancing Aberdeen Committee:-

Michael Blay Myra Bains Heather Watson Janet Sumner

Moved: Cr L Watts Seconded: Cr E Bates CARRIED


Section: MAYORAL MINUTE REP 20/09

A.1.3 DEVELOPMENT APPLICATION NO. 326/08 - ADDITIONS TO EXISTING

SCONE MEDICAL PRACTICE, 7 SURMAN STREET SCONE Council: 27 January 2009

RECOMMENDATION: That Council refer Development Application No. 326/08 to the Development and Environmental Services Committee for further consideration, a site inspection and recommendation to Council. BACKGROUND: Council is the owner of the Scone Medical Practice premises and is also the applicant seeking development consent for additions to the building. ISSUES:

The proposal was publicly advertised and notified for the period Thursday 8 January 2009 to Thursday 22 January 2009.

Council has received four submissions relating to the proposal. The public submissions relate to building design, energy efficiency, car parking, landscaping and

amenity. One of the submissions received is from the Australian Rail Track Corporation and highlights

concerns regarding rail noise and vibration effects, stormwater discharge and security fencing. A Section 79C Planning Assessment has not yet been prepared.

SUSTAINABILITY: Council has a responsibility to ensure that developments are carried out in accordance with relevant environmental legislation and standards. OPTIONS: To refer the application to the Development and Environmental Services Committee or to require a further detailed report to be presented to Council. FINANCIAL CONSIDERATIONS: Development application fees totalling $1,969 have been paid. RESOLVED that Council refer Development Application No. 326/08 to the Development and Environmental Services Committee for further consideration, a site inspection and recommendation to Council.

Moved: Cr L Watts Seconded: Cr P Hodges CARRIED


Section: Acting Mayoral Minute

A.1.4 ABC LEARNING CENTRE – SCONE Council: 27 January 2009

RECOMMENDATION:

That Council move into Closed Council with the public excluded in accordance with Section 10 (2) (d) (i) of the Local Government Act 1993, as the matter and information are commercial information of a confidential nature that would if disclosed prejudice the commercial position of the person who supplied it. BACKGROUND: Council continues to peruse the fate of Scone ABC in an endeavour to obtain a positive result for the centre. ISSUES: Refer to confidential report. SUSTAINABILITY: Refer to confidential report. OPTIONS: Refer to confidential report. FINANCIAL CONSIDERATIONS: Refer to confidential report. RESOLVED that Council move into Closed Council as this item contains matters of a commercial nature, in accordance with Section 10 - (2) (d)(i) – Local Government Act.

Moved: Cr P Hodges Seconded: Cr D Peebles CARRIED

RESOLVED that Council: 1. Note the expression of interest submitted in regard to ABC Learning Centre – Scone. 2. Delegate to the General Manager and Mayor authority to submit a non-binding offer and

negotiate, if necessary, prior to submission of a binding offer. 3. Give approval to seek professional third party advice on obtaining a valuation of the centre,

advice regarding economic viability and operations for a long day care centre. 4. An extra-ordinary meeting be called if necessary prior to final submission of a binding offer.

Moved: Cr P Hodges Seconded: Cr L Watts CARRIED

RESOLVED that Council move back into Open Council


Upon resuming Open Council the following recommendations were adopted:


RESOLVED that Council: 1. Note the expression of interest submitted in regard to ABC Learning Centre – Scone. 2. Delegate to the General Manager and Mayor authority to submit a non-binding offer and

negotiate, if necessary, prior to submission of a binding offer. 3. Give approval to seek professional third party advice on obtaining a valuation of the centre,

advice regarding economic viability and operations for a long day care centre. 4. An extra-ordinary meeting be called if necessary prior to final submission of a binding offer.



QUESTIONS WITHOUT NOTICE Cr L Watts Requested that Council cleanup the surrounds of the service station near the Medical Centre

which have become unsightly. The General Manager advised that some maintenance had been undertaken on the frontage

of the property however a notice needs to be served on the owners for cleanup of inside the property.

Enquired whether a quote had been obtained for the work on the Shell service station where a

woman had tripped recently. The Director Technical Services advised that no quote had been received to date and with

follow it up. Cr E Bates Requested the service station at the northern end of Scone be cleaned up. The Director Environmental Services advised that it has been difficult to clean the site due to

material which has been left onsite to be removed upon commencement of construction. A further notice will however will be served to improve the situation.

Enquired if Council will be making a submission to the Dept of Environment and Climate

Change in respect of the Remediation Notice to be issued on the old BP Fuel Depot site next to the Scone Swimming Pool.

The Director Environmental Services advised that the issue of the Notice is the next phase in the Remediation process for the site and would allow the DECC to issue orders to clean the site if the voluntary remediation process is found to be unsatisfactory


COMMITTEE/DELEGATES REPORTS Section: COMMITTEE/DELEGATES

C.1.1 FINANCE COMMITTEE Council: 27 January 2009

RECOMMENDATION: That the recommendations of the Finance Committee as circulated be adopted. BACKGROUND: The Finance Committee meeting has been called for Friday, 23 January 2009. Recommendations from that meeting will be available at the Council meeting. ISSUES: As per agenda paper. OPTIONS: Not applicable. FINANCIAL CONSIDERATIONS: As per report. F.1.1 RESOLVED that Council note the financial report for the period.

F.1.2 RESOLVED that Council: 1. Note the comments on the budget variations by managers. 2. Vote the funds requested and note the source of funds, as detailed by the managers. RESOLVED that the recommendations of the Finance Committee as circulated be adopted.

Moved: Cr D Peebles Seconded: Cr P Hodges CARRIED


Section: COMMITTEE/DELEGATES REP:3/09

C.1.2 ARTS ~ UPPER HUNTER BOARD GENERAL MEETING Council: 27 January 2009

RECOMMENDATION: That Council note the minutes of the General Meeting of the Arts ~ Upper Hunter Board held on 2 December 2008. BACKGROUND: A meeting of the Arts Upper Hunter Board was held on 2 December 2008. ISSUES: Refer to attached minutes. SUSTAINABILITY: Not applicable OPTIONS: Nil. FINANCIAL CONSIDERATIONS: Nil. RESOLVED that Council note the minutes of the General Meeting of the Arts ~ Upper Hunter Board held on 2 December 2008.

Moved: Cr L Watts Seconded: Cr C Pfister-Paradice CARRIED


Section: COMMITTEE/DELEGATES REP:11/09

C.1.3 MURRURUNDI AUSTRALIA DAY WORKING PARTY Council: 27 January 2009 RECOMMENDATION: That Council endorse the nine (9) nominations received for membership of the Murrurundi Australia Day Working Party. BACKGROUND: The Murrurundi Australia Day Working Party is a Section 355 Committee of Council, responsible for coordinating the annual Australia Day celebrations in Murrurundi. Nomination forms are included under separate cover. ISSUES: Nil SUSTAINABILITY: Not applicable OPTIONS: To support the recommendation or determine otherwise. FINANCIAL CONSIDERATIONS: Not applicable RESOLVED that Council endorse the nine (9) nominations received for membership of the Murrurundi Australia Day Working Party. Moved: Cr D Peebles Seconded: Cr L Watts CARRIED


Section: COMMITTEES/DELEGATES REP516/08

C.1.4 DEVELOPMENT AND ENVIRONMENTAL SERVICES COMMITTEE Council: 27 January 2008

RECOMMENDATION: That Council: 1 . Note the minutes of the Development and Environmental Services Committee meeting held on 13

January 2009; 2. ln relation to:- Item 1.1 – DA 312/08 Toilet Block – 42-44 Vennacher Street Merriwa

That DA No 312/08 be withdrawn and a new application be submitted with the proposed toilet block to be located on the adjacent land next the Bottle Museum in Vennacher Street, Merriwa.

Item 1.2 – Appeals to the Land and Environment Court.

Note that the information in respect of current Appeals to the Land and Environment Court in relation to the Walfertan Tannery and Ashbrook Quarry.

BACKGROUND: The Development and Environmental Services Committee met on the 9 December 2008. Council was represented by Councillors: P Hodges (Chair), D Peebles, and L Watts Staff: D Casson, Director of Environmental Services and P. Smith, Senior Environmental Officer. D Dutton, General Manager attended for Item 1.2. Apologies were accepted from Cr Pfister-Paradice and Cr Peebles in respect of Item 1.2, Cr Howey also tendered his apology. ISSUES: Refer to Minutes. SUSTAINABILITY: Appropriate development assessment of applications is required under the Environmental Planning and Assessment Act 1979, and includes consideration of sustainability in a variety of forms. OPTIONS: To agree with the recommendations of the Committee or propose an alternative recommendation. FINANCIAL CONSIDERATIONS: Nil


RESOLVED that Council: 1 . Note the minutes of the Development and Environmental Services Committee meeting held on

13 January 2009; 2. ln relation to:- Item 1.1 – DA 312/08 Toilet Block – 42-44 Vennacher Street Merriwa

That DA No 312/08 be withdrawn and a new application be submitted with the proposed toilet block to be located on the adjacent land next the Bottle Museum in Vennacher Street, Merriwa.

Item 1.2 – Appeals to the Land and Environment Court.

Note that the information in respect of current Appeals to the Land and Environment Court in relation to the Walfertan Tannery and Ashbrook Quarry.

Moved: Cr L Watts Seconded: Cr D Peebles CARRIED


Minutes of the Development and Environmental Services Committee

16 January 2009 – Upper Hunter Shire Council Chambers – Scone

Present: P Hodges (Chair), D Peebles and L Watts. In Attendance: D Casson, Director of Environmental Services and P. Smith, Senior Environmental Officer. Clr Johnsen and D Dutton, General Manager for Item 1.2. Apologies: Cr Pfister-Paradice and Cr Peebles for item 1.2. Cr Bill Howey (not a member of the Committee), Absent: Nil Declaration of Interest: Cr Watts declared a non pecuniary interest in Item 1.2 Agenda Items Item 1.1 – DA 312/08 Toilet Block – 42-44 Vennacher Street Merriwa Community Members in attendance: Mrs Barbara Campbell, Mr D & Mrs R Reynolds, Mr R & Mrs B Campbell Issues

The Committee conducted site meeting and held discussions with representatives of the Uniting Church on site

The Committee reviewed the submissions and following consideration considered that the toilet block could be relocated adjacent to the Bottle Museum which would address the concerns in the submissions and still make it a very useful facility for the local community.

It was considered that the best option would be to withdraw the current development application and lodge a further application for the new location with further public notification.

The Uniting Church representatives were very supportive of the amended location and indicated that such a proposal would address any concerns previously expressed.

Recommendation:

That the Technical Services withdraw DA No 312/08 with a new application to be submitted with the proposed toilet block to be located on the adjacent land next the Bottle Museum in Vennacher Street, Merriwa.

Moved: Cr Peebles Seconded: Cr Watts CARRIED (Unanimous)

Item 1.2 – Appeals to the Land and Environment Court. Issues

Council currently has several actions before the Land and Environment Court Walfertan Tanneries have three Appeals associated with two applications An Appeal has also been lodged on behalf of M Fernandes regarding the modified consent issued in

respect of Ashbrook quarry The committee was advised of the current status of the Appeals and the progress of the matters to

date. The dates of the next steps were discussed as was the extent of further resources that may be

necessary to allow Council’s position to be expressed appropriately The significant costs of the actions associated with legal advice and consultant reports were also

discussed.

Recommendation: That the information in respect of current Appeals to the Land and Environment Court in relation to the Walfertan Tannery be noted

Moved: Cr Watts Seconded: Cr Hodges CARRIED


Section: COMMITTEES/DELEGATES REP-8/09

C.1.5 COMMUNITY SERVICES COMMITTEE NOMINATIONS Council: 27 January 2009

RECOMMENDATION: That Council determine the community representatives for the committee. BACKGROUND: At its extraordinary meeting in September 2008, Council adopted a charter for the Community Services Committee (refer to Attachment 1). Council appointed Cr Lee Watts (Chairperson) and Cr Lorna Driscoll to this Committee. In October 2008, the Community Development Committee members were advised of the change in Committee. Advertisements were placed seeking nominations in November 2008. The charter states that the committee will be made up of; two (2) Councillor representatives, one of whom will be the Chairperson, up to two (2) members representing each of the communities of Aberdeen, Merriwa, Murrurundi and Scone, one (1) police representative, one (1) health representative, one (1) housing representative, one (1) CALD/ATSI representative, one (1) person representing young people and three (3) service providers. Membership of the committee is open to all residents, ratepayers and community groups in the Shire. Details of the nominations are included as Attachment 2. ISSUES: Nominations were called for community representatives. Invitations will be sent to representatives from the local organisations for the remaining categories to attend the first meeting in February. SUSTAINABILITY: Not applicable. OPTIONS: To determine the successful nominees or to defer this matter to a future meeting. FINANCIAL CONSIDERATIONS: Nil. Declaration of Interest Cr Michael Johnsen declared a non pecuniary interest in this matter as clients have applied for membership. He vacated the chambers and took no part in discussions or voting. RESOLVED that Council hold all current nominations and re-advertise for additional community nominations for the Committee from across the Shire.

Moved: Cr P Hodges Seconded: Cr L Driscoll CARRIED


ATTACHMENT 1

UPPER HUNTER SHIRE COUNCIL

COMMITTEE CHARTER

COMMUNITY SERVICES COMMITTEE

AIM: To provide leadership, direction and input into Community Services in the Upper Hunter Shire on the functional responsibilities listed below. SCOPE AND LIMITATIONS The Community Services Committee is an advisory committee constituted under section 355 of the Local Government Act and makes recommendations to Council. It has no delegated authority. Committee members will receive an agenda and reports from appropriately delegated Council officers, consider the items for discussion and make recommendations to the next Ordinary Council meeting. RESPONSIBILITIES The following is a list of functions assigned to the Community Services Committee; 1. Community Profile and development of appropriate community information documents, 2. Community Consultation, 3. Social/Community Plan, 4. Crime Prevention Plan, 5. Disability Action Plan, 6. Cultural Plan, 7. Libraries 8. Community Halls and Facilities 9. Strategies for;

a. Housing, b. Older Persons and an ageing community, c. Children’s Services, d. Disability Services, e. Health and Wellbeing, f. Women, Men and Families, g. Harmony, h. Culturally and Linguistically Diverse community, i. Aboriginal and Torres Strait Islander community, j. Community Development, k. Cultural Development, l. Youth Services, m. Rural Communities, n. Transport,

MEMBERSHIP Fifteen (15) representatives drawn from a broad cross-section of the Upper Hunter Shire community: Two (2) Councillor representatives, one of whom shall be the Chairperson Six (6) Community representatives - two (2) persons representing each of the Aberdeen, Merriwa, and

Murrurundi and Scone communities One (1) police representative, One (1) health representative, One (1) housing representative, One (1) CALD/ATSI representative,


One (1) person representing young people, Three (3) service provider representatives, eg. children, older people, disability, cultural, transport. Community Services Officers from Merriwa, Murrurundi and Scone offices of Upper Hunter Shire Council will provide secretary services to the Committee and coordinate the dissemination of committee agendas and minutes. MEETINGS The meeting time and date will be scheduled by members at the first meeting following their appointment to the Committee. Meetings will be not be held in December and January of each year. Meetings shall be open to the general public. Persons attending meetings may take part in the debate but will have no voting rights nor are they able to move or second motions. Meetings shall be in accordance with Council’s Code of Meeting Practice. VENUE Meetings will be held at the Upper Hunter Shire Chambers, Main Street, Scone and via video conference in Merriwa Administration office, Vennacher Street, Merriwa and at the Rural Transaction Centre, Mayne Street, Murrurundi. At least one community consultation meeting is scheduled to be held in the Upper Hunter Shire with community and service representatives invited to attend. QUORUM A quorum will consist of five (5) members, where one (1) member is a Councillor. DISSOLUTION OF THE COMMITTEE a) The Committee may be dissolved by Council at any time. b) The Committee shall cease to hold office at the end of October each year or otherwise at the

expiration of one month after the general election of the Council next following upon the appointment of the Committee but shall be eligible of reappointment.


ATTACHMENT 2


DEVELOPMENT Section: DEVELOPMENT REP9/09

D.1.1 DEVELOPMENT APPLICATION NO. 328/08 – SUBDIVISION INTO TWO

ALLOTMENTS – SEPP 1 OBJECTION Council: 26 January 2009

RECOMMENDATION:

That Council:

1. support the objection under State Environmental Planning Policy No 1 – (Development Standards) to allow for a variation to the development standard for subdivision of residential land of less than 10%.

2. Approve the development application subject to the recommended conditions of consent (as identified in Attachment 3) in the report

BACKGROUND: Owner: AJ & MJ MCPHEE Applicant: AJ & MJ MCPHEE Location: LOT 1 DP 1111468, 21B BARTON STREET, SCONE Proposal: SUBDIVISION INTO TWO ALLOTMENTS – SEPP No. 1 APPLICATION Zone: 2(a) Residential A (Scone Local Environment Plan 1986) Council has received the abovementioned development application for a two lot residential subdivision. The proposal involves subdividing one residential allotment such as to create two allotments with areas of 602 sq metres and 604 sq metres. The proposal is for lots less than the 650 sq metres minimum in the Scone Local Environment Plan 1986, therefore a SEPP 1 objection has been lodged. The development proposal was advertised and adjoining owners were notified. No submissions were received at the time of writing this report. Any submissions that are received will be made available.

ISSUES: The development application has been assessed in accordance with section 79c of the Environmental

Planning and Assessment Act 1979 (see Attachment 1). The development will create two residential allotments with areas of areas of 602 sq metres and 604 sq

metres. The applicant has lodged an objection under State Environmental Planning Policy No 1 – Development

Standards, on the basis that the variation is within 10% of the standard (650 sq metres). Council has the delegated authority to approve such a variation if they do not exceed 10%.

SUSTAINABILITY: Any approval issued by Council will be conditioned in accordance with relevant environmental legislation and controls.

OPTIONS: To approve the development (subject to conditions of consent), refuse it (stating the reasons for refusal) or refer to the Development and Environmental Services Committee.

FINANCIAL CONSIDERATIONS: Development Application fees of $488 have been paid.


Declaration of Interest Cr Michael Johnsen declared a pecuniary interest in the matter as applicants are clients of his financial services business and employ him in a capacity where the business receives a direct financial benefit from doing so, by way of fees. Cr Johnsen left the chambers and took no part in voting. RESOLVED that Council:

1. support the objection under State Environmental Planning Policy No 1 – (Development Standards) to allow for a variation to the development standard for subdivision of residential land of less than 10%.

2. Approve the development application subject to the recommended conditions of consent (as identified in Attachment 3) in the report

Moved: Cr P Hodges Seconded: Cr L Driscoll CARRIED


ATTACHMENT 1: Location Plan


ATTACHMENT 2: Plan of Subdivision


ATTACHMENT 3: Planning Assessment Report (section 79c Assessment) SECTION 79C (1) ASSESSMENT

DEVELOPMENT APPLICATION DA-328/08 1. RECOMMENDATION

That Development Application DA-328/08 be approved subject to the following conditions of consent:

1. Linen Plan The proposed development shall be carried be carried out generally in accordance with the details submitted with the application. A linen plan together with five copies thereof shall be submitted for endorsement following compliance with conditions of consent. Note that an electronic version of the linen plan in an appropriate format shall also be submitted.

Reason: The linen plan submitted shall be consistent with approved plans. 2. Energy Australia The applicant shall liaise with and satisfy all reasonable requirements of Energy Australia. A “Notice of Arrangement” form shall be obtained and submitted to Council with the linen plan.

Reason: To ensure that consultation has been undertaken and requirements satisfied.

3. Telecommunications The applicant shall liaise with Telstra or other telecommunication carrier, to advise of the propose development and to ensure any requirements have been determined and satisfied. Evidence that all requirements have been determined and / or satisfied shall be submitted to Council.

Reason: To ensure that the property is appropriately serviced.

4. Contributions Contributions in accordance with the Scone Contributions Plan are applicable. One additional lot is being created. The following contributions are therefore applicable and payable prior to release of the linen plan.

Per lot /

dwelling Contribution

Water $5530 $5530 Sewer $1240 $1240 Recreation and Community Facilities

$910 $910

Open Space $155 $155 Total $7,835

The amount of contributions will be maintained for a period of two years from the date of consent. Should the contributions be paid after this date, the amount will be increased to that stated in Council’s Management Plan at the time of payment

Reason: To make a reasonable contribution towards the provision of infrastructure.

5. Technical Services Conditions These conditions have no yet been provided. 2. PROPOSAL

Applicant: AJ & MJ MCPHEE

Owner: AJ 7 MJ MCPHEE


Location: LOT 1 DP 1111468, 21B BARTON STREET, SCONE

Zoning:

Description of Development: SUBDIVISION INTO TWO ALLOTMENTS

The proposal involves subdividing one residential allotment such as to create two allotments with areas of 602 sq metres and 604 sq metres.

3. PROPERTY DESCRIPTION

The subject land is described above

Surrounding land use: Residential. The following is a satellite / aerial photo of the subject land.

4. SITE CHARACTERISTICS

The land is a 1,207 sq metre residential allotment. The Council sewer main runs along the southern boundary of the lot. The water main runs along the front of the lot within the road reserve. There are existing trees. The land also partly occurs within the probable maximum flood in the 1:100 year event – associated with Figtree Gully.

5. PREVIOUS HISTORY

Not applicable. 6. INTERNAL REFERRALS

Comments have been sought from the other Departments / sections within Council and are summarised below:


6.1 Technical Services

The development application was referred to the Technical Services Department for assessment.

6.2 Health and Building Services

Not referred

6.3 Heritage Advisor Not referred

7. EXTERNAL REFERALS 8. ASSESSMENT OF APPLICATION

Those matters considered relevant in the determination of the application pursuant to S.90 of the EPA Act, 1979 are described below:-

(a)(i) the provisions of any environmental planning instrument. The subject land is within the following zone:

Scone Local Environment Plan 1986 The land is affected by the Scone LEP and occurs within the 2(a) Residential A zone. This zone allows has the following requirements: 2(a) Residential A Zone Objectives of zone

To limit the development of land to development for the purposes of dwelling-houses, duplex flats, maisonettes and semi-detached cottages and other purposes which have a minimal impact on the amenity of low density residential environments.

2. Without development consent

Dwelling-houses.

3. Only with development consent Any purpose other than those included in item 2 or 4.

4. Prohibited

Abattoirs; advertising structures; aerodromes; animal boarding, breeding or training establishments; automotive uses; bulk stores; caravan parks; car repair stations; cemeteries and crematoria; clubs; commercial premises; extractive industries; funeral parlours; generating works; gas holders; hotels; industries (other than home industries); institutions; junk yards; liquid fuel depots; mines; motels; motor showrooms; places of assembly; public buildings; refreshment rooms; residential flat buildings (other than Class "A" or units of two storey construction for aged persons); retail plant nurseries; roadside stalls; road transport terminals; sawmills; service stations; shops; stock and sale yards; timber yards; warehouses; wholesale markets.

Comment: This development is for the subdivision of land – which is not prohibited. It seeks to create two allotments for the purpose of constructing dwelling houses (Subject to DA 330/08 and DA 329/08). In this regard the development is permissible within the zone.

Housing in residential areas

(1) This clause applies to land zoned Residential 2 (a), 2 (b), 2 (c) or 2 (d). (2) In this clause, a reference to the area of an allotment does not, in the case of a hatchet-

shaped allotment, include a reference to the area of the access corridor of the allotment.


(3) Development shall not be carried out for the purpose of a dwelling-house on an allotment of land to which this clause applies unless: (a) in the case of a hatchet-shaped allotment, the area of the allotment is not less than 1

000 square metres, or (b) in the case of any other allotment, the area of the allotment is not less than 650

square metres. (4) Notwithstanding subclause (3), a person may carry out development for the purpose of a

dwelling-house with Zone No 2 (a) or 2 (b) irrespective of the area of the allotment if the allotment was created by a subdivision made before the appointed day.

Comment: The development involves subdividing one residential allotment such as to create two allotments with areas of 602 sq metres and 604 sq metres. In this regard the allotments are less than the minimum area that is required for the erection of a dwelling. However see below for SEPP 1 consideration. State Environmental Planning Policy No 1 – Development Standards This Policy provides flexibility in the application of planning controls operating by virtue of development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objects specified in section 5 (a) (i) and (ii) of the Act.

Consent may be granted

Where the consent authority is satisfied that the objection is well founded and is also of the opinion that granting of consent to that development application is consistent with the aims of this Policy as set out in clause 3, it may, with the concurrence of the Director, grant consent to that development application notwithstanding the development standard the subject of the objection referred to in clause 6. Comment: The applicant has made an application under SEPP 1 to have the development standards set in the Scone LEP varied. This is on the basis that the variation to the lot size is with 10% of the 650 sq metres normally required. In this case the variation is considered to be acceptable.

(a)(ii) the provisions of any draft environmental planning instrument.

There are no draft environmental planning instruments which apply to the land or to this proposal. The Council are currently in the process of preparing new Local Environment Plan. The Land Use Strategy (endorsed by Council) document identifies that in some circumstances smaller residential lot sizes are appropriate.

(a)(iii) any development control plan.

There are no development control plans which apply to the land or to this proposal.

(a)(iv) any matters prescribed by the regulations.

There are no matters prescribed by the regulations which affect the land or the proposal.

(b) the likely impacts of the development.

Context and setting - The development is unlikely to have an adverse impact on the scenic qualities, landscape features, character and amenity of the surrounding locality. It is considered to be compatible with the adjoining residential land uses.

Access, Transport & Traffic - The allotments will have direct access from a Council sealed and maintained road (Barton Street).


Public Domain - The development is unlikely to have any direct impacts on the public domain. However it creates the potential for one additional allotment which could place additional demand on community resources and infrastructure.

Utilities - Based on the desktop assessment one of the allotments has direct access to the Council sewer service. The 604 sq metre lot may require the sewer main to be extended to the lot. A portion of the allotment is not serviced with kerb and guttering (approx. 27 m). In this regard it is recommended that the applicant makes a contribution towards kerb and guttering. In this regard the following condition may be appropriate: Kerb and gutter construction and widening of the road pavement shall be provided for the portion of road frontage of the allotments in Barton Street (currently noted provided with kerb and guttering) to ensure that public road facilities are established to an appropriate standard. The pavement widening shall be sealed with a two coat bitumen seal. Heritage - No discernable impacts were identified. Other Land resources - No discernable impacts were identified.

Water - Proposed Lot 2 (ie the 604 sq metre lot) may not have direct access to the Council’s sewerage system. In this regard a sewer main extension may be required. Soils - No discernable impacts were identified. Air and microclimate - No discernable impacts were identified. Flora and Fauna - No discernable impacts were identified. Waste - No discernable impacts were identified. Energy - No discernable impacts were identified. Noise and vibration - No discernable impacts were identified. Natural Hazards - The land also partly occurs within the probable maximum flood in the 1:100 year event – associated with Figtree Gully. However this does not place any restrictions on residential development. Technological Hazards - No discernable impacts were identified. Safety, Security & Crime prevention - No discernable impacts were identified.


Social impact in the locality - No discernable impacts were identified. Site design and internal design - No discernable impacts were identified.

Construction - The development will require construction works to be undertaken in relation to kerb and guttering and property access / driveways. Cumulative impacts - No discernable impacts were identified.

(c) The suitability of the site for the development.

The proposal is considered to be appropriate for the locality.

(d) Any submissions made in accordance with this Act or the regulations.

The development proposal was advertised and adjoining owners were notified. No submissions were received at the time of writing this report. Any submissions that are received will be made available.

(e) The public interest.

There are no known policy statements from the Federal or State Governments that have relevance to this proposal. There are no known relevant planning studies and strategies. There is no known management plan, advisory document or credible research findings. There are no known covenants or easements. No public meeting has been held in relation to the proposal. There is no known risk to public health and safety. No public authorities were consulted in regard to the application.


Site Photographs


GENERAL ADMINISTRATION Section: GENERAL ADMINISTRATION REP:5/09

G.1.1 YOUNG ENDEAVOUR SCHEME 2008 Council: 27 January 2009

RECOMMENDATION: That Council welcome the Upper Hunter Shire Ambassadors Amelia Brayley, Debbie Belfield, Liam Harding and Cameron Zofrea who drew berths on the STS Young Endeavour for a voyage from Adelaide to Geelong on 02 - 12 December 2008. They wish to present a report based on their experience. BACKGROUND: Council in co-operation with a number of non-profit organisations, businesses, sporting clubs and schools supported the Upper Hunter Shire Young Endeavour Scheme in 2008 receiving interest and support from throughout the Shire. Amelia Brayley nominated by Scone Branch of CWA, Debbie Belfield nominated by Lions Club of Scone, Liam Harding nominated by the Merriwa Festival of the Fleeces Committee and Cameron Zofrea nominated by Scone Amateur Basketball Association were the young people from the Shire drawn at a celebration dinner on 18 September 2008. Our ambassadors successfully fought off their fear of heights and conquered climbing the mast, worked as a team to achieve a positive result in extremely difficult situations and made life long friends with each other and the rest of the youth and Naval crew. They embraced the new challenges set before them and made the most of this unique opportunity. Amelia, Debbie, Liam and Cameron were fine representatives for our Shire. This experience has helped them to develop leadership and team building skills which they will be able to use for the rest of their lives. It is inspirational to see the impact the Young Endeavour experience has made on the lives of the young people that have participated in our area. ISSUES: Four berths were once again targeted this year. Letter to council from Cameron Zofrea (attachment 1) OPTIONS: Not applicable at this time. FINANCIAL CONSIDERATIONS: Nil at this time. Council welcomed the Upper Hunter Shire Ambassadors Amelia Brayley, Debbie Belfield, Liam Harding and Cameron Zofrea who drew berths on the STS Young Endeavour for a voyage from Adelaide to Geelong on 02 - 12 December 2008. They wish to present a report based on their experience.

Moved: Cr E Bates Seconded: Cr P Hodges CARRIED


Section: GENERAL ADMINISTRATION REP:6/09

G.1.2 SPONSORSHIP - CASSILIS CAMPDRAFT AND RODEO ASSOCIATION Council: 27 January 2009

RECOMMENDATION: That Council provide sponsorship of $500 to the Cassilis Campdraft and Rodeo Association to assist in the running of their annual Rodeo. BACKGROUND: In a letter dated 6 January 2009 the Cassilis Campdraft and Rodeo Association requested support from Council by way of $3,000 sponsorship plus the provision and removal of rubbish facilities (refer attachment 1). ISSUES: In 2008 Council provided $500 and in previous years has provided in-kind support for this event. SUSTAINABILITY: Not applicable. OPTIONS: To adopt, reject or amend the recommendation. FINANCIAL CONSIDERATIONS: Funds to cover this donation are available in the 2008/9 budget. RESOLVED that Council provide sponsorship of $500 to the Cassilis Campdraft and Rodeo Association to assist in the running of their annual Rodeo.

Moved: Cr D Peebles Seconded: Cr L Driscoll CARRIED


Cassilis Campdraft and Rodeo Association, Post Office

Cassilis, NSW. 2329 General Manager, Upper Hunter Shire Council, P.O. Box 208, Scone. NSW 2337 Dear Sir, The Cassilis Campdraft and Rodeo Association are holding its annual rodeo on the 31st January 2009. The committee was extremely grateful for the support of the Upper Hunter Shire Council last year and we would request that consideration be given to supporting this event again this year. As you would be aware, Cassilis is a very small rural community and this event provides critical financial support to the following organisations;

Cassilis Public School Cassilis Pony Club Merriwa Rugby League Football Club Cassilis War Memorial Park Trust The Combined Churches of Cassilis Coolah Rescue Squad Westpac Rescue Helicopter

This event is the major event of this community each year and is most likely the one event that continues to hold this small community together. I look forward to a favourable reply to this request and thank you for your past support. Yours sincerely, Kevin O’Malley, Treasurer Cassilis Campdraft and Rodeo Association, Cassilis. NSW 2329 6th January 2009


Section: GENERAL ADMINISTRATION REP:7/09

G.1.3 SHIRE BOUNDARY ADJUSTMENT Council: 27 January 2009

RECOMMENDATION: 1. That Council request Muswellbrook Shire to resolve to request the Minister for Local Government and

the Governor of New South Wales to alter the Shire boundary between Upper Hunter Shire and Muswellbrook Shire so that Lot 2 DP 213132 and part Lot 1 DP 1084779 owned by Mr M MacDougall are included in Muswellbrook Shire.

2. That should Muswellbrook Shire support the boundary change, Council request the Minister for Local

Government and the Governor of New South Wales to alter the Shire boundary between Upper Hunter Shire and Muswellbrook Shire so that Lot 2 DP 213132 and part Lot 1 DP 1084779 owned by Mr M MacDougall are included in Muswellbrook Shire.

BACKGROUND: On 3 September 2008 Mr MacDougall wrote to Council requesting that lot 2 DP 213132 and part lot 1 DP 1084779 be included within Muswellbrook Shire Council’s area (Attachment 1 and 2). Mr MacDougall owns the following land:- Shire rate assessment description land value area 2008/9 rates Upper Hunter 3434-04000-6 lot 2 DP 213132 $22,000 22.2 ha $729 part lot 1 DP 1084779 Muswellbrook 101857 part lot 1 DP 1084779 $1,470,000 1,887 ha $3,977 lot B DP 398697 The procedure to alter a shire boundary is set out in s215 to 218 of the Local Government Act 1993. In the case of minor shire boundary adjustments this involves obtaining the consent of the adjoining shire councils and requesting the Minister for Local Government and the Governor of New South Wales to alter the Shire boundary.

ISSUES:

Mr MacDougall is paying rates both in Upper Hunter Shire and in Muswellbrook Shire, with the property predominantly in Muswellbrook Shire.

The approval of Upper Hunter Shire, Muswellbrook Shire, the Minister for Local Government and the Governor of New South Wales is required. If there is failure to reach agreement, the matter can be referred to the Boundaries Commission.

SUSTAINABILITY: Nil. OPTIONS: To support Mr MacDougall’s application to alter the Shire boundary or not.

FINANCIAL CONSIDERATIONS: Annual rates of $729, re-distributed across all rateepayers.


RESOLVED 1. That Council request Muswellbrook Shire to resolve to request the Minister for Local

Government and the Governor of New South Wales to alter the Shire boundary between Upper Hunter Shire and Muswellbrook Shire so that Lot 2 DP 213132 and part Lot 1 DP 1084779 owned by Mr M MacDougall are included in Muswellbrook Shire.

2. That should Muswellbrook Shire support the boundary change, Council request the Minister

for Local Government and the Governor of New South Wales to alter the Shire boundary between Upper Hunter Shire and Muswellbrook Shire so that Lot 2 DP 213132 and part Lot 1 DP 1084779 owned by Mr M MacDougall are included in Muswellbrook Shire.

Moved: Cr P Hodges Seconded: Cr L Watts CARRIED


Section: GENERAL ADMINISTRATION REP: 12/09

G.1.4 2009 BUSH BURSARY / CWA WOMENS ASSOCIATION SCHOLARSHIP Council: 27 January 2009

RECOMMENDATION: For Council’s consideration BACKGROUND: The Bush Bursaries and CWA Scholarships are offered annually to selected medical students in NSW and the ACT and are financially supported by the rural shires of country NSW, the Country Women’s Association and the NSW Rural Doctors Network. If Council wishes to participate in the Scheme, NSW Rural Doctors Network will invoice Council for $3300 (incl GST) which will be provided to the medical student who in return will agree to spend two weeks of “rural placement” in the shire in the university holidays during the year or over the Christmas break. In the past the former Merriwa and Scone Councils, together with Muswellbrook Council contributed as a joint arrangement. For that investment each Council in rotation over the 3 years would receive a trainee doctor for 2-3 weeks. This doctor would be accommodated by the local doctors and the Council would be responsible for the extra-curricular activities (tours, meet and greet etc). The joint arrangement stopped a couple of years ago with Muswellbrook Council withdrawing from the program due to the extensive out of hours and weekend obligations with the trainee doctor. Experience has also shown that trainees rarely return to the areas that they received training. ISSUES: Joint arrangement no longer in place. OPTIONS: To participate or not in the program. FINANCIAL CONSIDERATIONS: Contribution of $3,300 including gst. RESOLVED that Council support the program on a trial basis for 1 year.



Section: GENERAL ADMINSITRATION REP13/09

G.1.5 SPONSORSHIP - SCONE GRAMMAR SCHOOL - MUSICAL Council: 27 January 2009

RECOMMENDATION: That Council provide sponsorship of $250 to the Scone Grammar School to assist in the running of their whole school musical “Rockin Robin”. BACKGROUND: In a letter dated 10 December 2008, the Scone Grammar School requested sponsorship from Council to assist in the cost of a one week musical camp to be held at Murrurundi House. (Refer Attachment 1) ISSUES: The performances are scheduled for 18, 19 & 20 March 2009. SUSTAINABILITY: Not applicable. OPTIONS: To adopt, reject or amend the recommendation. FINANCIAL CONSIDERATIONS: Declarations of Interest It was noted that Cr Claire Pfister-Paradice and Cr Michael Johnsen declared a non-pecuniary interest in the matter as their children attend the school. RESOLVED that Council provide sponsorship of $250 to the Scone Grammar School to assist in the running of their whole school musical “Rockin Robin”.

Moved: Cr B Howey Seconded: Cr L Driscoll CARRIED


Section: General Administration REP-16/09

G.1.6 INDEPENDENT INQUIRY INTO SECURE AND SUSTAINABLE URBAN

WATER SUPPLY AND SEWERAGE SERVICES FOR NON-METROPOLITAN NSW

27 January 2009

RECOMMENDATION: That Council;

1. Note the report on the Independent Inquiry into Secure and Sustainable Urban Water Supply and Sewerage Services for Non-Metropolitan NSW.

2. Undertake formal consultation with Muswellbrook Shire Council and Singleton Council regarding a joint response to the report.

3. Council make a submission to the Department Water and Energy prior to the closing date of 20 March 2009.

BACKGROUND: In August 2007, Minister for Water Utilities announced an inquiry into urban water supply and sewerage services in country NSW. Council made a submission to the inquiry in April 2008, advocating that the status quo was the best option for our communities and Council would oppose any model to separate the water and sewerage functions from Council’s stewardship. ISSUES: The Minister for Water has now released the Report of the Independent Inquiry into Secure and Sustainable Urban Water Supply and Sewerage Services for Non-Metropolitan NSW. All of the implications for Upper Hunter Shire Council are still being assessed, however the bottom line is the inquiry has proposed a binding regional alliance consisting of Upper Hunter, Muswellbrook and Singleton Council’s. Attached is the summary from the Department of Water and Energy and the Executive Summary and Recommendations from the report. If you require a full copy of the report (200 pages) please see Robyn Cox or view it on the Department of Water and Energy’s website at www.dwe.nsw.gov.au. Formal consultation with Muswellbrook and Singleton Council’s is required to enable a joint submission to the Minister. Submissions must be received by the Department Water and Energy by 20 March 2009.

SUSTAINABILITY: N/A OPTIONS: To accept, modify or reject the recommendation. FINANCIAL CONSIDERATIONS: N/A


RESOLVED that Council;

1. Note the report on the Independent Inquiry into Secure and Sustainable Urban Water Supply and Sewerage Services for Non-Metropolitan NSW.

2. Undertake formal consultation with Muswellbrook Shire Council and Singleton Council regarding a joint response to the report.

3. Council make a submission to the Department Water and Energy prior to the closing date of 20 March 2009.



Section: General Administration REP-15/09

G.1.7 HUNTER AND CENTRAL COAST NATURAL DISASTER RELIEF

PROGRAM JUNE 2007 Council: 27 January 2009 RECOMMENDATION: That Council notify the Department of Commerce of its acceptance of the grant in the amount of $152,275 subject to the Conditions of Financial Assistance. BACKGROUND: The Natural Disaster involving storms and flooding that struck the Hunter and Central Coast region in June 2007 was a significant event that caused the loss of a number of lives and extensive damage to public sector and private assets. ISSUES: Natural Disaster Relief Arrangements were made available by the New South Wales and Australian Governments in June 2007. The Department of Commerce is responsible for administering emergency relief funding for removal of debris and for the permanent restoration of public assets with the exception of roads and bridges. Following the lodgement of the claim for emergency relief, Council was made aware by the Department that it would only accept the portion of the claim relating to works undertaken by Council outside normal hours and for works undertaken by Contractors. As a significant portion of the emergency relief work was undertaken by Council’s operational staff in normal hours due to the urgent need to have emergency works undertaken and the extensive knowledge that operational staff have of Council’s assets. A team representing the affected Hunter Council’s led by Upper Hunter Shire Council’s General Manager Mr Daryl Dutton was formed to lobby the Minister for the Hunter Jodi McKay MP and the Deputy Premier and Minister for Commerce Carmel Tebbutt MP regarding the anomaly in the department’s guidelines. The lobbying was successful and the Minister for Commerce has advised that an offer of a grant in the amount of $152,275 be made available subject to Council’s written acceptance and attached Conditions of Financial assistance. SUSTAINABILITY: N/A OPTIONS: To accept, modify or reject the recommendations. FINANCIAL CONSIDERATIONS: Grant funds of $152,275, this money has already been spent on flood damage works. RESOLVED that Council notify the Department of Commerce of its acceptance of the grant in the amount of $152,275 subject to the Conditions of Financial Assistance.

Moved: Cr E Bates Seconded: Cr P Hodges CARRIED Cr Peter Hodges thanked the General Manager for his efforts.


SECTION: REP:17/09

G.1.8 EXTENSION OF TOWN WATER SUPPLY TO THE

MIDDLEBROOK/TULLONG ROAD AREA Council: 27 January 2009

RECOMMENDATION: That Council apply a 20% reduction in the headworks charge for the Middlebrook/Tullong Road Water Extension Project. BACKGROUND: The most recent consultation with the community for this project was in December 2008. During the information session questions were asked in reference to the Section 64 headworks charge and whether it was appropriate to apply the full amount of $5,752 since the proposed project is to supply water from the town supply at a low pressure, low flow rate into residences existing water systems. ISSUES: The Middlebrook/Tullong Road Town Water Supply Proposal The design is for a minimum of 5m of head with a daily flow rate of approximately 1000 litres. The actual pressure at each property will vary depending on the elevation and location of the property. It would be reasonable to accept that the impact on Council’s infrastructure would be substantially less The total contribution including construction costs and headworks charges at December 2008 was estimated to be $14,076 per property. This was an estimate only and was derived from contract and unit rates obtained during 2008. These costs have escalated in line with the actual and current construction costs and are now 19% greater than 2007, when the first community vote was held to determine the level of community acceptance. Council’s usual access and usage charges for water will apply to all serviceable properties. The standard sized service is currently $241 per year (access charge) and usage charges of $1.12 per kilolitre for the first 300kl (charged at 75 kl per quarter) and $1.60 per kilolitre over 300 kl (over 75 kl per quarter). The cost for unconnected vacant land is $182 per year. The Current Cost of Extending the Town Water Supply to the Middlebrook/Tullong Road Area The external cost (contractor) of the project is $639,000. The cost to each property has been reviewed and the growth amount built into the design has been taken into account. As the design allows for 85 properties, the construction estimate of $639,000 is divided equally between 56 existing properties and 29 future connections.

Ie. Construction cost = $639,000 ÷ 85 = $7,518 per property


TOTAL COST PER PROPERTY Examples of the impact of reducing the headworks charge on the Total cost to the property owner are in the following table. The total estimated cost per property includes the estimated construction cost, the Section 64 headworks charge and the connection and meter charge. Estimated Scheme construction $639,000 ÷ 85 = $7,518 per property 2008/09 Headworks charge

$5,752 20% reduction

$4,602 Connection and meter $806 $806 Total estimated cost $14,076 $12,926 Nett $ reduction $1,150 Community Consultation Consultation with the community has been extensive and Councils has gone to great lengths to ensure the support for the project was a true indication of the wishes of the Middlebrook community. Community Concerns Some of the Middlebrook/Tullong Road area property owners have concerns with the financial impact they will incur if the project proceeds. They are also concerned that although they will be receiving a reduced pressure and volume service the headworks charges and water rates will be applied in full. SUSTAINABILITY: OPTIONS:

1. To accept, modify or reject the recommendation.

FINANCIAL CONSIDERATIONS: If the project proceeds the reduction in S64 headworks revenue is approximately $97,000. The proposed system does not have a significant impact on Councils headworks infrastructure therefore the proposal is equitous. The low impact on Councils headworks infrastructure is due to the type of system proposed ie. a design that supplies water at a low pressure, low flow rate into the property owners existing water systems. Council has offered property owners the option of paying the cost incurred over a period of ten years. RESOLVED that Council apply a 20% reduction in the headworks charge for the Middlebrook/Tullong Road Water Extension Project.

Moved: Cr L Watts Seconded: Cr P Hodges CARRIED


POLICY MATTERS Section: POLICY MATTERS REP10/09

H.1.1 COUNCIL POLICIES Council: 27 January 2009

RECOMMENDATION: That Council: 1. Adopt the following policy:

a. RISK MANAGEMENT - POLICY – RISK ASSESSMENT – Corruption Prevention – Bribes, Gifts and Benefits (INT-24206/09)

2. Rescind the following policy of the former Scone Shire Council:

a. Information Services, Records Management (2) Anonymous Letters BACKGROUND: Council officers undertake an ongoing review of Council’s policies. Some policies need amendment to reflect current circumstances/practices and others can be rescinded. The draft policy and policy to be rescinded are provided under separate cover. 1. Generally, this policy is similar to previous policies with the layout being changed to bring a consistent

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

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

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

OPTIONS: Council may:

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

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

a. RISK MANAGEMENT - POLICY – RISK ASSESSMENT – Corruption Prevention – Bribes, Gifts and Benefits (INT-24206/09)

2. Rescind the following policy of the former Scone Shire Council:

a. Information Services, Records Management (2) Anonymous Letters



THERE BEING NO FURTHER BUSINESS THE MEETING CLOSED AT 5.16PM. ATTACHMENT 1

Policy to be Adopted

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

a. RISK MANAGEMENT - POLICY – RISK ASSESSMENT – Corruption Prevention – Bribes, Gifts

and Benefits (INT-24206/09) This policy was based on and replaces the policy of the former Scone Shire Council “Risk Management – Risk Assessment – Corruption Prevention – Bribes, Gifts and Benefits”, which was adopted 20 January 2003. Minor amendments to some words and formatting. References updated.


ATTACHMENT 2 Policy to be Rescinded

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

a. Information Services, Records Management (2) Anonymous Letters This policy was adopted by Council in April 1987. It was replaced by RECORDS MANAGEMENT – ADMINISTRATIVE PRINCIPLE – Correspondence, signed on 12 June 2008. Principles of State Records Act 1998 and ICAC requirements apply.

minutes of the ordinary meeting of upper hunter …€¦ · 1. note the expression of interest...

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