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Page 1 of 138 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 23 May 2016 MINUTES OF THE ORDINARY MEETING OF UPPER HUNTER SHIRE COUNCIL HELD ON MONDAY 23 MAY 2016 IN THE COUNCIL CHAMBERS, SCONE COMMENCING AT 5.00pm PRESENT: Cr Wayne Bedggood (Mayor), Cr Maurice Collison (Deputy Mayor), Cr Peter Bishop, Cr Ron Campbell, Cr Lorna Driscoll, Cr Michael Johnsen, Cr Deirdre Peebles and Cr Lee Watts. APOLOGIES: RESOLVED that the apology received from Cr Kiwa Fisher be accepted. Moved: Cr D Peebles Seconded: Cr M Johnsen CARRIED IN ATTENDANCE: Mr Waid Crockett (General Manager), Mr Steve Pryor (Director Corporate & Community Services), Mr Mathew Pringle (Director Environmental & Customer Services), Mr Alan Fletcher (Director Infrastructure Services), Mr Wayne Phelps (Finance Manager) and Mrs Robyn Cox (Executive Assistant). ADOPTION OF MINUTES: RESOLVED that the minutes of the Ordinary Council Meeting held on 26 April 2016 be adopted. Moved: Cr M Johnsen Seconded: Cr D Peebles CARRIED DECLARATIONS OF INTEREST: Nil PUBLIC PARTICIPATION: G.05.3 Donation to Showstoppers Performing Arts Ms Jill Hamling, Director A.05.1 Retirement Presentation James Constable

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Page 1: MONDAY 23 MAY 2016 IN THE COUNCIL …...Report To Ordinary Council Meeting 23 May 2016 General Manager's Unit Page 3 of 138 of the Minutes of the Ordinary Meeting of the Upper Hunter

Page 1 of 138 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 23 May 2016

MINUTES OF THE ORDINARY MEETING OF UPPER HUNTER SHIRE COUNCIL HELD ON MONDAY 23 MAY 2016 IN THE COUNCIL CHAMBERS, SCONE COMMENCING AT 5.00pm

PRESENT: Cr Wayne Bedggood (Mayor), Cr Maurice Collison (Deputy Mayor), Cr Peter Bishop, Cr Ron Campbell, Cr Lorna Driscoll, Cr Michael Johnsen, Cr Deirdre Peebles and Cr Lee Watts. APOLOGIES: RESOLVED that the apology received from Cr Kiwa Fisher be accepted.

Moved: Cr D Peebles Seconded: Cr M Johnsen CARRIED IN ATTENDANCE: Mr Waid Crockett (General Manager), Mr Steve Pryor (Director Corporate & Community Services), Mr Mathew Pringle (Director Environmental & Customer Services), Mr Alan Fletcher (Director Infrastructure Services), Mr Wayne Phelps (Finance Manager) and Mrs Robyn Cox (Executive Assistant). ADOPTION OF MINUTES: RESOLVED that the minutes of the Ordinary Council Meeting held on 26 April 2016 be adopted.

Moved: Cr M Johnsen Seconded: Cr D Peebles CARRIED DECLARATIONS OF INTEREST: Nil PUBLIC PARTICIPATION: G.05.3 Donation to Showstoppers Performing Arts Ms Jill Hamling, Director A.05.1 Retirement Presentation James Constable

Page 2: MONDAY 23 MAY 2016 IN THE COUNCIL …...Report To Ordinary Council Meeting 23 May 2016 General Manager's Unit Page 3 of 138 of the Minutes of the Ordinary Meeting of the Upper Hunter

Page 2 of 138 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 23 May 2016

UUPPPPEERR HHUUNNTTEERR SSHHIIRREE CCOOUUNNCCIILL

OOrrddiinnaarryy MMeeeettiinngg -- 2233 MMaayy 22001166

TTAABBLLEE OOFF CCOONNTTEENNTTSS

MAYORAL MINUTES................................................................................................... 3 

A.05.1  RETIREMENT PRESENTATION - JAMES CONSTABLE ..................................................... 3 

STANDING COMMITTEE REPORTS .......................................................................... 4 

SCR.05.1  FINANCE COMMITTEE ................................................................................................ 4 SCR.05.2  DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE ......................................... 5 SCR.05.3  WORKS & TECHNICAL SERVICES COMMITTEE ........................................................... 22 

COMMITTEE/DELEGATES REPORTS ..................................................................... 27 

C.05.1  AUDIT ADVISORY COMMITTEE .................................................................................. 27 C.05.2  HERITAGE ADVISORY COMMITTEE ............................................................................ 49 C.05.3  UPPER HUNTER LIBRARY SERVICES COMMITTEE ..................................................... 53 C.05.4  MERRIWA AGED CARE HOSTEL COMMITTEE ............................................................. 56 C.05.5  AUSTRALIA DAY COMMITTEE - SCONE & ABERDEEN DISTRICTS ................................ 59 C.05.6  UPPER HUNTER SHIRE TRAFFIC COMMITTEE ........................................................... 66 

DEVELOPMENT REPORTS ...................................................................................... 71 

D.05.1  DEVELOPMENT APPLICATION NO. 178/2014 - SECTION 96 MODIFICATION - RELOCATE APPROVED DWELLING ............................................................................. 71 

GENERAL ADMINISTRATION REPORTS ................................................................ 89 

G.05.1  REQUEST FOR FINANCIAL ASSISTANCE - SCONE LITERARY LONG WEEKEND ............. 89 G.05.2  DONATION TO SHOWSTOPPERS PERFORMING ARTS ................................................. 92 G.05.3  REQUEST TO WAIVE FEES - MERRIWA SPRINGTIME SHOW...................................... 111 G.05.4  REQUEST FOR FINANCIAL ASSISTANCE - MUSWELLBROOK PHYSICAL CULTURE ....... 113 G.05.5  REQUEST FOR DONATION - BIG BOYS TOYS AND FAMILY DAY ................................. 117 G.05.6  MURRURUNDI TRAIN FESTIVAL............................................................................... 121 G.05.7  REQUEST FOR FINANCIAL ASSISTANCE - AQUA CLASSES ........................................ 126 G.05.8  LGNSW - VOTING DELEGATES TO LOCAL GOVERNMENT & SHIRES ASSOCIATION ... 130 

RESPONSES TO PREVIOUS QUESTIONS ............................................................ 134 

RPQ.05.1  RESPONSES TO COUNCILLORS' QUESTIONS ........................................................... 134 

CONFIDENTIAL REPORTS ..................................................................................... 137 

CR.05.1  REQUEST FOR CONTRIBUTION ............................................................................... 137 CR.05.1  CONTRACT OF EMPLOYMENT ................................................................................. 138 

Page 3: MONDAY 23 MAY 2016 IN THE COUNCIL …...Report To Ordinary Council Meeting 23 May 2016 General Manager's Unit Page 3 of 138 of the Minutes of the Ordinary Meeting of the Upper Hunter

Report To Ordinary Council Meeting 23 May 2016

General Manager's Unit

Page 3 of 138 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 23 May 2016

MAYORAL MINUTES

A.05.1 RETIREMENT PRESENTATION - JAMES CONSTABLE

RESPONSIBLE OFFICER: Waid Crockett - General Manager

AUTHOR: Robyn Cox - Executive Assistant

RECOMMENDATION That Council make a presentation to Mr James Constable in recognition of his retirement from Council.

REPORT/PROPOSAL The purpose of this report is to recognize the retirement of staff member, James Constable. James has worked with Upper Hunter Shire Council and the former Merriwa Shire Council for a total of 29 years. Council wishes James a long and happy retirement. OPTIONS Nil. ATTACHMENTS

There are no enclosures for this report

RESOLVED that Council make a presentation to Mr James Constable in recognition of his retirement from Council.

Moved: Cr R Campbell Seconded: Cr M Johnsen CARRIED

Page 4: MONDAY 23 MAY 2016 IN THE COUNCIL …...Report To Ordinary Council Meeting 23 May 2016 General Manager's Unit Page 3 of 138 of the Minutes of the Ordinary Meeting of the Upper Hunter

Report To Ordinary Council Meeting 23 May 2016

Corporate & Community Services

Page 4 of 138 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 23 May 2016

STANDING COMMITTEE REPORTS

SCR.05.1 FINANCE COMMITTEE

RESPONSIBLE OFFICER: Steve Pryor - Director Corporate & Community Services

AUTHOR: Wayne Phelps - Manager Finance

RECOMMENDATION

That Council endorse the minutes of the Finance Committee meeting held on 20 May 2016.

BACKGROUND The Finance Committee meets prior to each monthly Council Meeting to consider the Financial Summary Reports, the Cash and Investment Report, and the Responsible Accounting Officer’s Statement. REPORT/PROPOSAL The next meeting of the Finance Committee has been called for Friday, 20 May 2016 and recommendations from that meeting will be presented to Council. ATTACHMENTS

Nil.

RESOLVED That Council endorse the minutes of the Finance Committee meeting held on 20 May 2016.

Moved: Cr R Campbell Seconded: Cr M Johnsen CARRIED

Page 5: MONDAY 23 MAY 2016 IN THE COUNCIL …...Report To Ordinary Council Meeting 23 May 2016 General Manager's Unit Page 3 of 138 of the Minutes of the Ordinary Meeting of the Upper Hunter

Report To Ordinary Council Meeting 23 May 2016

Environmental & Customer Services

Page 5 of 138 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 23 May 2016

SCR.05.2 DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE

RESPONSIBLE OFFICER: Waid Crockett - General Manager

AUTHOR: Mathew Pringle - Director Environmental & Customer Services

RECOMMENDATION

That Council:

1. Endorse the minutes of the Development & Environmental Services Committee meeting held on 10 May 2016.

2. DESC.05.1 - Approve Development Application No. 14/2016 for additions to the existing hostel, including three additional guest rooms and carport at Lot 201 DP 1056316, No. 90 Main Street Scone, subject to the conditions of consent in Attachment 2.

3. DESC.05.2 – (i) Support the integration of the Sustainable Living Guide into Council’s website and

promote the 50 actions identified in Attachment 3. (ii) Budget $5,000 towards the cost of implementing the guide in the 2016/17 financial

year.

BACKGROUND The Development and Environmental Services Committee is a Standing Committee of Council which considers reports, advice and recommendations of management regarding strategic land use planning, development applications, environmental, health and building related matters. The Committee subsequently makes recommendations to Council in relation to such matters.

A meeting of the Development and Environmental Services Committee was held on Tuesday, 10 May 2016. REPORT/PROPOSAL In relation to Item DESC.05.1, the Committee resolved to amend Condition Nos. 5 and 21 by reducing the number of additional required parking spaces from five (5) to three (3) and allowing an alternative driveway treatment in the form of concrete wheel tracks/strips with landscaping. Condition Nos. 5 and 21 have been amended accordingly. In relation to Item DESC.05.2, the Committee requested that the sustainability guide be promoted by Council through various forms of media with a particular focus on schools. Council’s Communications Team will promote the guide through Facebook, on Council’s website and in other forms of communication such as newspaper articles and mail-outs with rates notices. The guide will also be promoted through local schools. As requested by the Committee, a list of 50 sustainability actions recommended for inclusion on Council’s website is provided in Attachment 3 for Council’s consideration.

Page 6: MONDAY 23 MAY 2016 IN THE COUNCIL …...Report To Ordinary Council Meeting 23 May 2016 General Manager's Unit Page 3 of 138 of the Minutes of the Ordinary Meeting of the Upper Hunter

Report To Ordinary Council Meeting 23 May 2016

Environmental & Customer Services

Page 6 of 138 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 23 May 2016

ATTACHMENTS

1 Minutes of the Development & Environmental Services Committee - 10 May 2016

2 DA 14/2016 - Recommended Conditions of Consent

3 Recommended Sustainability Actions

RESOLVED that Council:

1. Endorse the minutes of the Development & Environmental Services Committee meeting held on 10 May 2016.

2. DESC.05.1 - Approve Development Application No. 14/2016 for additions to the existing hostel, including three additional guest rooms and carport at Lot 201 DP 1056316, No. 90 Main Street Scone, subject to the conditions of consent in Attachment 2.

3. DESC.05.2 – (i) Support the integration of the Sustainable Living Guide into Council’s

website and promote the 50 actions identified in Attachment 3. (ii) Budget $5,000 towards the cost of implementing the guide in the 2016/17

financial year.

Moved: Cr D Peebles Seconded: Cr M Johnsen CARRIED

Page 7: MONDAY 23 MAY 2016 IN THE COUNCIL …...Report To Ordinary Council Meeting 23 May 2016 General Manager's Unit Page 3 of 138 of the Minutes of the Ordinary Meeting of the Upper Hunter

ATTACHMENT NO: 1 - MINUTES OF THE DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE - 10 MAY 2016

ITEM NO: SCR.05.2

Page 7 of 138 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 23 May 2016

MINUTES OF THE DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE OF UPPER HUNTER SHIRE COUNCIL HELD ON TUESDAY 10 MAY 2016 IN THE BARRY ROSE COMMITTEE ROOM COMMENCING AT 10.00am

PRESENT: Cr Kiwa Fisher (Chair), Cr Deirdre Peebles and Cr Lee Watts. APOLOGIES: Cr Peter Bishop IN ATTENDANCE: Cr Wayne Bedggood, Cr Ron Campbell, Cr Maurice Collison, Mr Mathew Pringle (Director Environmental & Customer Services), Miss Shinead Taylor (Governance & Executive Support Officer), Mrs Jo Bailey, Mr Luke Bailey and Mr Warwick Randall. DECLARATIONS OF INTEREST: Nil PUBLIC PARTICIPATION: DESC.05.1 Development Application No. 14/2016 Additions to Existing Hostel Mrs Jo Bailey, Mr Luke Bailey, Mr Warwick Randall. AGENDA ITEMS: DESC.05.1 Development Application No. 14/2016 Additions to Existing Hostel After receiving an overview of the proposed development by Mr Pringle, the Committee discussed the recommended conditions of consent relating to additional parking spaces and the sealing of the driveway, with input from Mrs Bailey and Mr Bailey (applicants), and Mr Randall (neighbour). Recommended Condition No. 5 specifies that five (5) additional car parking spaces must be provided on the site. In relation to this condition Mrs Bailey noted that due to the nature of the accommodation at the hostel being for older people, very few of the residents have vehicles and car parks are mostly used by visitors. It is rare however that visitors attend at the same time so there are generally spots available. It was also noted that to allow for five (5) additional car spaces, a portion of the well-established gardens on the property would have to be removed, and this is an important feature of the property and for the business. Mr Pringle responded to this matter by pointing out that the development consent for the use of the land is for a hostel rather than an aged care facility. As such, occupation of the hostel accommodation is not restricted to seniors and therefore it cannot be assumed that occupants will not have vehicles. The Committee agreed to amend recommended Condition No. 5 by reducing the required number of additional car parking spaces to three (3). In relation to recommended Condition No. 21, which specifies the requirement for a sealed access corridor, Mrs Bailey, Mr Bailey, Mr Randall and a number of Committee members felt that a bitumen seal or concrete driveway would significantly detract from the visual appeal of the property, but acknowledged that dust suppression is an important issue. The applicants advised that there would be no increase to staff movements with the additional units and any extra traffic would be caused from visitors to the additional residents. They suggested maintaining a gravel driveway and regularly using sealing sprays to reduce dust.

Page 8: MONDAY 23 MAY 2016 IN THE COUNCIL …...Report To Ordinary Council Meeting 23 May 2016 General Manager's Unit Page 3 of 138 of the Minutes of the Ordinary Meeting of the Upper Hunter

ATTACHMENT NO: 1 - MINUTES OF THE DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE - 10 MAY 2016

ITEM NO: SCR.05.2

Page 8 of 138 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 23 May 2016

Mr Pringle acknowledged that there may be minimal traffic using the facility currently, however as already advised, the development is classified as a hostel rather than an aged care facility which means the use of the development could change in the future. Therefore, the maintenance and longevity of the access corridor as well as dust suppression is of utmost importance. After further discussion and with a suggestion from Mr Randall, the Committee agreed to amend recommended Condition No. 21 to provide for an alternative driveway treatment in the form of concrete wheel tracks/strips with landscaping. Such a treatment would allow for stormwater infiltration whilst addressing the dust issue. The Committee resolved to support the recommendation with the amendments to Condition Nos. 5 and 21. Mrs Bailey, Mr Bailey and Mr Randall left the meeting after this item. DESC.05.2 Sustainable Living Guide Mr Pringle gave an overview of the Sustainable Living Guide and provided the Councillors with an example of how the guide has been integrated into Singleton Council’s website. The Committee agreed that should Council implement the guide, a significant focus needs to be placed on promoting the guide to the community, perhaps through weekly facebook tips, flyers or information packs to be provided to local schools. The Committee agreed to amend the recommendation to budget $5,000 in 2016/17 for the implementation of the guide to allow an increase in the number of sustainability actions to be promoted from 30 to 50. COUNCILLOR QUESTIONS: Cr Lee Watts Asked if Council could inspect the parking arrangement in and around the Toyota dealership in Main Street, Scone as the area is often congested and impacts surrounding residential properties.

Response: Director Environmental & Customer Services advised that Council staff would investigate whether or not the Development Consent Conditions relating to parking are being complied with and look at options for time limited parking spaces in the area.

Page 9: MONDAY 23 MAY 2016 IN THE COUNCIL …...Report To Ordinary Council Meeting 23 May 2016 General Manager's Unit Page 3 of 138 of the Minutes of the Ordinary Meeting of the Upper Hunter

ATTACHMENT NO: 1 - MINUTES OF THE DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE - 10 MAY 2016

ITEM NO: SCR.05.2

Page 9 of 138 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 23 May 2016

DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE REPORTS

DESC.05.1 DEVELOPMENT APPLICATION NO. 14/2016 ADDITIONS TO EXISTING HOSTEL

RESPONSIBLE OFFICER: Mathew Pringle - Director Environmental & Customer Services

AUTHOR: Paul Smith - Senior Environmental Planner

PURPOSE On 8 March 2016, Council received Development Application No. 14/2016 for additions to an existing hostel, including three additional guest rooms and a carport at Lot 201 DP 1056316, No. 90 Main Street Scone. The application is being reported to Council due to a non-compliance with the Upper Hunter Development Control Plan 2015 and as one (1) submission has been received following notification of the application.

RECOMMENDATION That Council approve Development Application No. 14/2016 for additions to the existing hostel, including three additional guest rooms and carport at Lot 201 DP 1056316, No. 90 Main Street Scone, subject to the conditions of consent in Attachment 1.

BACKGROUND Development Application No. 50/2014 was approved by Council on 23 April 2014 to change the use of the existing buildings on Lot 201 DP 1056316 from bed and breakfast accommodation to hostel accommodation (as defined in the Upper Hunter Local Environmental Plan 2013) to provide assisted living for older people. The development involved the construction of four guest rooms and the provision of hostel services including the employment of one full-time carer, meals (3 meals per day), assistance with basic personal care, cleaning and laundry services and transport to appointments within Scone. Development Application No. 14/2016 was lodged with Council on 8 March 2016. Following notification of the application one submission was received raising issues in relation to the adequacy of the existing driveway and off-street parking. REPORT/PROPOSAL The development site is a 2,713m2 “battle-axe” shaped lot. The development application proposes an expansion of the existing hostel accommodation including the construction of a 14.5m x 8.5m extension to the hostel comprising three (3) additional guest rooms, plus a 12m x 6m x 4.6m high carport over the existing designated car parking area (refer to plans in Attachment 3). The applicant provided a cost summary report showing the cost of the development to be $148,249 (extensions), plus $6,478 (car port). The Upper Hunter Section 94A Contributions Plan 2008 is applicable to the development and establishes that the proposed cost of carrying out the development is to be determined by the consent authority. The amount that has been proposed by the applicant may not be reflective of the real market value of the development. The proposed extensions are considered comparable to motel accommodation units (based on the Rawlinsons Construction Cost Guide, 2015). This suggests reasonable market rates for such developments would be $2220-2395 per square metre (based on Sydney prices and not including the rural loading). In this regard based on the lower end of the cost range the estimated cost of the extensions (having a floor area of 109m2) is $241,980. Accordingly, the contribution payable is $2,419.

Page 10: MONDAY 23 MAY 2016 IN THE COUNCIL …...Report To Ordinary Council Meeting 23 May 2016 General Manager's Unit Page 3 of 138 of the Minutes of the Ordinary Meeting of the Upper Hunter

ATTACHMENT NO: 1 - MINUTES OF THE DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE - 10 MAY 2016

ITEM NO: SCR.05.2

Page 10 of 138 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 23 May 2016

The development application does not fully comply with the Upper Hunter Development Control Plan 2015 in relation to the minimum access handle width for “battle-axe” allotments as well as car parking requirements. This issue is given detailed consideration in the planning assessment report in Attachment 2. OPTIONS 1. That Council approve Development Application No. 14/2016 for additions to the existing

hostel, including three additional guest rooms and carport at Lot 201 DP 1056316, No. 90 Main Street Scone, subject to the conditions of consent in Attachment 1.

2. That Council refuse Development Application No. 14/2016 for additions to the existing hostel, including three additional guest rooms and carport at Lot 201 DP 1056316, No. 90 Main Street Scone, stating the reasons for refusal.

CONSULTATION Surrounding properties were notified of the development proposal from 24 March 2016 to 4 April 2016. An advertisement was placed in the Scone Advocate on 2 April 2015. One (1) submission was received raising issues in relation to the access and off-street car parking (refer to Attachment 4). The issues have been addressed in the planning assessment report provided in Attachment 2. STRATEGIC LINKS a. Community Strategic Plan 2013+ The proposed development is consistent with the Key Focus Areas and Aspiration Goals 3 and 5 of the Community Strategic Plan: “(3) Protect the natural and built environment and plan for a sustainable future for our Shire and our planet; (5) Enhance economic and employment opportunities and promote development”. b. Delivery Program Assessment of the application is in accordance with the Community Strategic Objectives for town planning: “Facilitate and provide for a growing population, including for example, affordable housing, community amenities, health and welfare services”. c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications Nil b. Financial Implications Development Application and other relevant fees totalling $3,001 have been paid by the applicant. Conditions of consent have been recommended requiring payment of a Section 64 water and sewer headworks contribution of $9,396 as well as a Section 94A contribution of $2,419.

Page 11: MONDAY 23 MAY 2016 IN THE COUNCIL …...Report To Ordinary Council Meeting 23 May 2016 General Manager's Unit Page 3 of 138 of the Minutes of the Ordinary Meeting of the Upper Hunter

ATTACHMENT NO: 1 - MINUTES OF THE DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE - 10 MAY 2016

ITEM NO: SCR.05.2

Page 11 of 138 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 23 May 2016

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. e. Other Implications Nil. CONCLUSION The application has been assessed as satisfactory against Section 79C of the Environmental Planning and Assessment Act 1979, Upper Hunter Local Environmental Plan 2013 and the Upper Hunter Shire Development Control Plan 2015. The proposal is in keeping with the site context, is an appropriate form of development for the site and is unlikely to result in any significant adverse impacts. Accordingly, it is recommended that the application be approved subject to appropriate conditions of consent.

RECOMMENDED that Council approve Development Application No. 14/2016 for additions to the existing hostel, including three additional guest rooms and carport at Lot 201 DP 1056316, No. 90 Main Street Scone, subject to the amended conditions of consent in Attachment 1.

Moved: K Fisher Seconded: D Peebles CARRIED

Page 12: MONDAY 23 MAY 2016 IN THE COUNCIL …...Report To Ordinary Council Meeting 23 May 2016 General Manager's Unit Page 3 of 138 of the Minutes of the Ordinary Meeting of the Upper Hunter

ATTACHMENT NO: 1 - MINUTES OF THE DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE - 10 MAY 2016

ITEM NO: SCR.05.2

Page 12 of 138 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 23 May 2016

DESC.05.2 SUSTAINABLE LIVING GUIDE

RESPONSIBLE OFFICER: Waid Crockett - General Manager

AUTHOR: Mathew Pringle - Director Environmental & Customer Services

PURPOSE The purpose of this report is to consider the inclusion of a sustainable living guide on Council’s website in order to promote sustainability within the Upper Hunter Shire.

RECOMMENDATION That Council support the integration of the Sustainable Living Guide into Council’s website and budget $3,000 towards the cost of implementing the guide in the 2016/17 financial year.

BACKGROUND Council has been approached by Natural Strategies Group in relation to a product they market called the Sustainable Living Guide. The Sustainable Living Guide is a collection of actions that people can take to reduce their impact on the environment. The Guide can be seamlessly integrated into Council’s website or provided as a separate hosted and branded web portal, as part of Council’s environment and sustainability communications and education program. Up to 86 actions can be provided covering issues such as water efficiency, protecting waterways and recycling. A full list of actions is provided in Attachment 1. REPORT/PROPOSAL The Sustainable Living Guide (SLG) is a syndicated digital product that would be licensed by Council and inserted into Council’s website. The Guide promotes environmental education and sustainability and assists Council in providing community leadership on responses to global environmental issues such as global warming, species extinction and water scarcity. The benefits of the guide include: • Cost effective - the license fee for the SLG is a fraction of the cost to research, write

and update the content or create the online interface through which it is presented. • Localised and customised – The content and templates become a seamless part of

Council’s environmental education program and website. • Best practice, evolving and improving – the Natural Strategies Group is committed

to ongoing reinvestment in the SLG to increase its effectiveness in encouraging and empowering people to start the move towards sustainability.

Council has not undertaken any comprehensive environmental education programs in recent years and has limited information on its website promoting sustainability and environmental awareness. The Sustainable Living Guide is considered to be a relatively cost effective way of addressing this shortcoming. Should Council support the implementation of the Sustainable Living Guide, it would be promoted through Council’s Communications Team to ensure that its effectiveness and benefits are maximised.

Page 13: MONDAY 23 MAY 2016 IN THE COUNCIL …...Report To Ordinary Council Meeting 23 May 2016 General Manager's Unit Page 3 of 138 of the Minutes of the Ordinary Meeting of the Upper Hunter

ATTACHMENT NO: 1 - MINUTES OF THE DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE - 10 MAY 2016

ITEM NO: SCR.05.2

Page 13 of 138 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 23 May 2016

In order to provide a good range of sustainability actions whilst minimising costs to Council, it is recommended that 30 actions be chosen and promoted on Council’s website for a period of one (1) year. The success and effectiveness of the Guide should be reviewed after twelve months to determine if Council should continue promoting the Guide in future years. A presentation of the Guide will be provided at the D&E Committee meeting. OPTIONS

1. Support the integration of the Sustainable Living Guide into Council’s website and budget $3,000 towards the cost of implementing the guide in the 2016/17 financial year.

2. Support the integration of the Sustainable Living Guide into Council’s website and budget an alternative amount towards the cost of implementing the guide in the 2016/17 financial year.

3. Not support the integration of the Sustainable Living Guide into Council’s website. CONSULTATION

Senior Management Group Manager Information Technology Communications

STRATEGIC LINKS a. Community Strategic Plan 2013+ The Sustainable Living Guide is consistent with Key Focus Area and Aspiration Goal 3 of the Community Strategic Plan: “(3) Protect the natural and built environment and plan for a sustainable future for our Shire and our planet’. b. Delivery Program The Sustainable Living Guide is relevant to the Community Strategic Objectives for town planning: “Encourage and implement systems for minimisation of the environmental footprint of the Shire, including energy efficiency and consumption of natural resources” and “Promote a sense of responsibility within our community to care for our environment and provide for a sustainable future”. c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications Nil b. Financial Implications The cost of the Sustainable Living Guide is determined by the number of actions, calculated at a rate of $100 per action. The implementation 30 actions would cost $3,000 per annum. There is currently no budget for the Guide in the 2015/16 financial year. Accordingly, it is recommended that Council budget $3,000 in the 2016/17 financial year.

Page 14: MONDAY 23 MAY 2016 IN THE COUNCIL …...Report To Ordinary Council Meeting 23 May 2016 General Manager's Unit Page 3 of 138 of the Minutes of the Ordinary Meeting of the Upper Hunter

ATTACHMENT NO: 1 - MINUTES OF THE DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE - 10 MAY 2016

ITEM NO: SCR.05.2

Page 14 of 138 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 23 May 2016

c. Legislative Implications Nil d. Risk Implications Nil e. Other Implications Nil CONCLUSION The Sustainable Living Guide is considered to be a relatively cost effective way of promoting sustainability and educating the community on a range of environmental issues.

RECOMMENDED that Council support the integration of the Sustainable Living Guide into Council’s website, using 50 actions, and budget $5,000 towards the cost of implementing the guide in the 2016/17 financial year.

Moved: K Fisher Seconded: L Watts CARRIED

THERE BEING NO FURTHER BUSINESS THE MEETING CLOSED AT 10.35AM.

Page 15: MONDAY 23 MAY 2016 IN THE COUNCIL …...Report To Ordinary Council Meeting 23 May 2016 General Manager's Unit Page 3 of 138 of the Minutes of the Ordinary Meeting of the Upper Hunter

ATTACHMENT NO: 2 - DA 14/2016 - RECOMMENDED CONDITIONS OF CONSENT ITEM NO: SCR.05.2

Page 15 of 138 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 23 May 2016

DA 14/2016 – Recommended Conditions of Consent

Identification of approved plans:

1. The development being carried out in accordance with the development application and the drawings referenced below and Statement of Environmental Effects dated 23 June 2014, except where amended by the following conditions. JOB REFERENCE NO SHEET

NO REVISION

NO DRAWN BY DATE

Proposed Site Plan 1 - Roberts and Roberts 24.11.2015

Floor Plan 2 - Roberts and Roberts 24.11.2015

External Elevations 3 - Roberts and Roberts 24.11.2015

Carport Plans 4 - Roberts and Roberts 24.11.2015

(Reason: To ensure that the form of the development undertaken is in accordance with the determination of Council)

Operational conditions imposed under the environmental planning and assessment act and regulations and other relevant legislation:

2. All building work must be carried out in accordance with the provisions of the National Construction

Code Series. (Reason: Prescribed by legislation)

Ancillary matters to be completed prior to the issue of the construction certificate:

3. Pursuant to Upper Hunter Shire Council Section 94A Development Contribution Plan 2008, a

contribution of $2,419 is required to be paid to Council. The amount to be paid is to be adjusted at the time of the actual payment, in accordance with the provisions of the Section 94A Development Contributions Plan. Documentary evidence shall be submitted to the Certifying Authority confirming that the contribution has been paid prior to determination of the application for Construction Certificate. (Reason: To ensure that the proposed development makes an appropriate contribution to

facilities in the Upper Hunter Local Government Area)

4. A contribution pursuant to Section 64 of the Local Government Act, 1993 as specified hereunder for

the services detailed in column A and, for the amount detailed in column B shall be made to Council.

Contribution type (a) amount per guest

room (B) ($) Total (C)

Water $ 2,341 $ 7,024

Sewer $ 791 $ 2,372

total contribution $9,396

Documentary evidence shall be submitted to the Certifying Authority confirming that the contribution has been paid prior to a Construction Certificate. The level of contributions shall be in accordance with Council’s Fees and Charges at the time of payment.

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(Reason: To retain a level of service for the existing population and to provide the same level of service to the population resulting from new development)

5. A total of three (3) additional off-street car-parking spaces, including one accessible parking space, shall be provided. Prior to the issue of a Construction Certificate an amended site plan showing the required additional parking and demonstrating compliance with Australian Standard 2890 shall be submitted to the Certifying Authority for approval. (Reason: To ensure ongoing compliance with this development consent and Australian

Standards relating to manoeuvring and access of vehicles)

6. The Owner of the property shall enter into a trade waste agreement with Upper Hunter Shire for the disposal of all trade waste generated by the development. Documentary evidence demonstrating compliance with this condition shall be submitted to, the Certifying Authority prior to the release of the Construction Certificate. Note: This includes food premises which will require a grease trap or a grease arrestor. (Reason: To protect the environment from contamination)

7. All food preparation areas, associated with the occupation or use of the premises for the preparation and storage of food shall comply with the requirements of:-

(a) The Food Act (as amended) (b) The Food Regulation (as in force); (c) AS4674 (Design, Construction and Fit-Out of Food Premises);

The relevant matters to be taken into account under this approval relate to:-

i. construction, materials and finishes;

ii. installation of fixtures, fittings and equipment;

iii. washing facilities, other facilities and special requirements;

iv. mechanical ventilation and exhaust discharges; and

v. temperature control Detailed plans and specification of work demonstrating that these design requirements have been met shall be submitted to, and approved by Council prior to the release of the Construction Certificate.

(Reason: To ensure compliance with acceptable standards for the construction of food

premises established under environmental health and safety legislation)

Conditions that must be addressed prior to commencement:

8. All required erosion and sedimentation techniques are to be properly installed prior to the commencement of any site works and maintained in a functional and effective condition throughout the construction activities until the site is stabilised. The installation is to be approved by the Principal Certifying Authority prior to further commencement of site works.

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(Reason: To protect the environment from the effects of sedimentation and erosion from development sites)

9. Site facilities (a) If the development involves building work or demolition work it is recommended that the work

site be fully enclosed by a temporary security fence (or hoarding) before work commences. Any such hoarding or fence is to be removed when the work has been completed.

(b) A garbage receptacle fitted with a tight fitting lid for the reception of all food scraps and papers from the work site must be provided prior to building work commencing and must be maintained and serviced for the duration of the work.

(c) Adequate toilet facilities must be provided on the work site. Each toilet provided must be a

standard flushing toilet, connected to a public sewer, or if connection to a public sewer is not available, to an on-site effluent disposal system approved by the council, or an approved temporary chemical closet. The provision of toilet facilities must be completed before any other work is commenced.

The installation of the site facilities shall be approved by the Principal Certifying Authority prior to further commencement of site works and prior to the first inspection. (Reason: To ensure the health and safety of the community and workers on the site)

10. A sign must be erected in a prominent position on any work site on which work involved in the erection or demolition of a building is being carried out:

(a) stating that unauthorised entry to the work site is prohibited; (b) showing the name of the principal contractor (or person in charge of the work site), and a

telephone number at which that person may be contacted at any time for business purposes and outside working hours; and

(c) showing the name, address and telephone number of the Principal Certifying Authority for the

work. Any such sign must be maintained while to building work or demolition work is being carried out, but must be removed when the work has been completed. The installation is to be approved by the Principal Certifying Authority prior to further commencement of site works. (Reason: Statutory requirement)

11. No works shall commence on site until such time as a Construction Certificate has been issued for either part or all of the works. If a certificate is issued for part of the works it must cover the works being undertaken onsite. (Reason: Prescribed – Statutory)

Conditions that must be complied with during demolition and building work:

12. Any person acting on this consent must ensure that:-

(a) materials must not be burnt on the site. (b) vehicles entering and leaving the site with soil or fill material must be covered. (c) dust suppression measures must be carried out to minimise wind-borne emissions in addition

odour suppression measures must also be carried out where appropriate so as to prevent nuisance occurring at adjoining properties.

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(Reason: To protect the environment and the amenity of the surrounding area)

13. The applicant shall bear the cost of all works associated with the development that occurs on Council’s property. (Reason: To ensure the proper management of public land and funds)

14. Any person acting on this consent shall ensure that:-

(a) building construction activities are only carried out during the following hours: i. between Monday to Friday (inclusive)—7.00am to 5.00pm, ii. on a Saturday—8.00am to 5.00pm.

(b) building construction activities must not be carried out on a Sunday or a public holiday unless

prior approval has been obtained.

(c) demolition and excavation works must only be carried out between Monday to Friday (inclusive) between 8.00am and 5.00pm.

(Reason: To ensure that works do not interfere with reasonable amenity expectations of

residents and the community)

15. Any person acting on this consent must ensure that:-

(a) all excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards.

(b) all excavations associated with the erection or demolition of a building must be properly

guarded and protected to prevent them from being dangerous to life or property. (c) demolition work must be undertaken in accordance with the provisions of AS2601- Demolition

of Structures. (d) the builder is to ensure that persons working on the site comply with the WorkCover Authority’s

requirements. (Reason: To ensure that work is undertaken in a professional and responsible manner and

protect adjoining property and persons from potential damage)

16. The applicant shall bear the cost of any restoration works to Council’s property damaged during the course of this development. (Reason: To ensure the protection of existing public infrastructure)

Conditions which must be complied with prior to the issue of any occupation certificate:

17. The person acting upon this consent must apply to Upper Hunter Shire Council and receive written confirmation of the allocated street address(es) or house number(s) for the completed project. These are the numbers that will be recorded in Council records and must be permanently displayed at the property in accordance with the provisions of AS/NZS 4819:2003 – Geographic information – Rural and urban addressing.

Details demonstrating compliance with this condition shall be submitted to the Principal Certifying Authority prior to the issue of any Occupation Certificate.

(Reason: To ensure that Council records are accurate, and that house numbering complies

with the requirements of the Australian Standards. Proper house numbering also assists emergency services in readily locating properties.)

18. The building is not to be used or occupied until a final inspection has been carried out and any

Occupation Certificate has been obtained from the Principal Certifying Authority.

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(Reason: Prescribed - Statutory.)

19. The premises shall be connected to the sewer system in accordance with the Australian Standard 3500. A works as executed plan on Department of Fair Trading Sewer Service Diagram is to be submitted to Council within seven (7) days following the final drainage inspection and prior to the issue of any Occupation Certificate. (Reason: To ensure compliance with the Australian Standard & Local Authority requirements.)

20. Prior to the issue of any Occupation Certificate a works as executed plan drawn on Department of

Fair Trading approved template detailing the layout and location of the sewer and stormwater pipe work is to be submitted to Upper Hunter Shire Council.

Note: The original copy of works as executed drawing must be submitted to Council.

(Reason: Prescribed – Statutory.)

21. Prior to the issue of any Occupation Certificate the access corridor shall be constructed with a base course of adequate depth to suit design traffic and sealed to a width of 3 metres from the property boundary with Main Street. Alternatively, the driveway construction may consist of concrete or interlocking paver wheel tracks/strips (min. 500mm width each) for the full length of the access corridor together with appropriate grass cover to prevent dust generation and run-off. The access corridor shall incorporate:

a. Adequate stormwater drainage facilities, if required, to intercept storm water runoff from the

sealed surface such as to prevent stormwater being discharged across the street footpath or into the adjoining properties.

b. Speed humps in accordance with the requirements of Australian Standards AS 2890.1:2004 Off-street car parking

c. Signage clearly visible to motorists at both ends limiting traffic speed to 5km/hr speed

(Reason: To facilitate appropriate vehicular access to private sites.)

22. All required parking areas shall be fully constructed in accordance with the approved parking management plan prior to the issue of any Occupation Certificate.

(Reason: To ensure that adequate parking facilities to service the development are provided

on site.) 23. Prior to the issue of any Occupation Certificate documentary evidence shall be submitted to the

Certifying Authority demonstrating that the premises is registered as a food premises with the Upper Hunter Shire Council.

(Reason: To comply with the requirements of the Food Act 2003.)

Conditions that must be complied with at all times:

24. At all times all stormwater from the development including all hardstandings and overflows from rainwater tanks is to be collected and disposed of by way of properly constructed stormwater lines to:-.

(a) the kerb and gutter (piped). If concrete footpath exists; pipework is to be under bored to the kerb & gutter. Note: Approval under Section 138 of the Roads Act 1993 is required prior to the commencement of any works within the road reserve.

(Reason: To ensure suitable disposal of stormwater.)

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SustainableLivingGuide(SLG)–RecommendedActionList No.

Category Action Footprint calculator Climate Change WaterUse

IncreaseBiodiversity

Save Money ReduceToxins

Select Action

1 Communal Promote Sustainable Living

2 Communal Help Protect our Waterways

3 Communal Be a Responsible Pet Owner

4 Food & Drink Buy Local and Seasonal Food

5 Food & Drink Avoid Bottled Water

6 Garden Mulch your Patch

7 Garden Water-Efficient Gardening

8 Garden Grow your own Food

9 Garden Grow an Indigenous Garden

10 Garden Use Plants to Remove Toxins

11 Garden Nurture and Conserve Biodiversity

12 House Buy Renewable Electricity

13 House Harvest and Use your Rainwater

14 House Install Solar Hot Water

15 House Embrace Energy Efficiency

16 House Use Water Efficiently

17 House Cultivate Energy-Saving Habits

18 House Cultivate Water-Saving Habits

19 House Install Efficient Appliances and Fixtures

20 House Insulate, Shade and Draught Proof Your House

21 House Capture and Use your Grey Water

22 House DIY Home Environmental Audit

23 House Reduce your Stormwater Pollution

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24 Products Buy Paper and Wood Responsibly

25 Products Purchase Recycled Products*

26 Products Tune your Shopping Radar to the Environment

27 Products Avoid Products with Excessive Packaging

28 Products Use Non-Toxic Cleaners

29 Products Buy Second-Hand Products

30 Transport Ride a Bike

31 Transport Car Pool

32 Transport Buy an Efficient Car

33 Waste Cultivate Waste Reduction Habits

34 Waste Recycle Technical Waste

35 Waste Recycle Building and Construction Waste

36 Waste No Junk Mail and Spam

37 Waste Get Rid of your Second-Hand Goods

38 Work Save Paper and Forests

39 Work Recycle Office Waste

40 Work Power Down

41 Work Travel Together to Meetings

42 Work Make Your Business Carbon Neutral

43 Work Prevent Stormwater Pollution

44 SME Upgrade to energy efficient lighting

45 SME Efficient air conditioning and heating

46 SME Switch off un-used appliances

47 SME Purchase energy efficient appliances

48 SME Use your recycled printer paper twice

49 SME Establish a recycling program

50 SME Conserve water in your business

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Infrastructure Services

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SCR.05.3 WORKS & TECHNICAL SERVICES COMMITTEE

RESPONSIBLE OFFICER: Alan Fletcher - Director Infrastructure Services

AUTHOR: Alan Fletcher - Director Infrastructure Services

RECOMMENDATION That Council:

1. Endorse the minutes of the Works & Technical Services Committee meeting held on 10 May 2016.

2. Adopt the revised Liquid Trade Waste Regulation Policy. 3. a) Extend the current contract for the collection and processing of recyclables for a 2

year extension of current contract conditions, until 4 July 2018; b) Work with Muswellbrook Shire Council to develop contract documents for the

collection of domestic waste for the Upper Hunter; c) Delegate authority to the General Manager to sign documents relating to the

extension of the Recycling and Waste Contracts.

BACKGROUND The Works & Technical 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 WTS.05.1 Capital Works Update – Infrastructure Services Key projects currently underway include:

Starrs Crossing Bridge is completed and approaches roadwork nearing completion. Scone waste depot works (sheds, weighbridge) are progressing and are due for

completion in May. Rehabilitation works on the Golden Highway have now commenced Finalising Stage 2 of Moonan Cutting (roadworks and top bank work) continuing. Starrs Crossing Bridge approaches continuing. Finalising Kingdon St and Main St kerb and gutter, and pavement rehabilitation early

May. WTS.05.2 Works Program – Infrastructure Services – Water & Sewer The projects currently underway include:

Replacement of old water meters in Merriwa. Murrurundi, Aberdeen and Scone meter replacements are up to date.

Scone to Murrurundi Pipeline – Work is continuing on the communication plan. The concept report is complete. A peer review of the concept report is underway. Work has commenced on community consultation with residents along the route.

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Infrastructure Services

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WTS.05.3 Works Program – Infrastructure Services – Works Delivery The purpose of the report is to provide an update on works undertaken over the previous month and those planned for the upcoming month. Some of the major projects currently under construction are:

Moonan Cutting; excavation works on hill side is almost complete, RCA Geotech Consultants have now been engaged to assess the condition of the new cut batters and propose a stabilisation treatment.

Starrs Crossing Bridge is complete and approach works expected to be completed in May. Rehabilitation works on the Golden Highway have now commenced. Council unsealed grading program is continuing, however, supply of water is becoming difficult and starting to affect Councils ability to undertake grading works. As a result some roads will not be able to be graded. Other roads will be graded but to a lower standard than normal and will take longer as the water may have to come from a greater distance. WTS.05.4 Cassilis Sewerage Upgrade – Grant Application Cassilis currently does not have a reticulated sewerage system with each property being serviced by an individual on-site sewage management system (eg septic tank with absorption trenches). A scoping study for a village sewerage system was prepared in 2014. This study put forward proposals for sewerage reticulation systems and treatment plants and was the basis for a grant application to the ‘Restart NSW’ Water and Waste Water Backlog Program. On 29 February 2016 Council was notified that it had been shortlisted and invited to submit a full application. A full application was lodged 28 April 2016. The application included a revised engineering scoping study by Hunter H2O and economic evaluation by Morrison Low. The grant application is for 100% of the capital cost of $2.2million. The existing on-site sewage management systems in Cassilis pose a range of environmental and public health risks, and are considered unsustainable. Therefore, maintaining the status quo is not a suitable option. The proposed sewerage system is a viable option if grant funding is available. WTS.05.5 Liquid Trade Waste Policy Council adopted the Liquid Trade Waste Policy on 25 August 2008. The Policy was later updated on 27 June 2011. The existing Policy is now contains out of date Liquid Trade Waste charges, which has been amended in the proposed draft.

The purpose of a Liquid Trade Waste Policy is to set out how Council will regulate sewerage and trade waste discharges to the sewerage system in accordance with the NSW Framework for Regulation of Sewerage and Trade Waste. The policy deals with the approval, monitoring and enforcement process for liquid trade wastes discharged to Council’s sewerage system and the levying of commercial sewerage and liquid trade waste fees and charges.

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Infrastructure Services

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It has been developed to ensure the proper control of liquid trade waste and hence protection of public health, worker safety, the environment, and more importantly Council’s sewerage system. The policy also promotes waste minimisation, water conservation, water recycling and biosolids reuse.

The Works and Technical Services Committee recommend that Council receive the report and adopt the revised Trade Waste Policy.

WTS.05.6 Waste Collection Contracts Council has been in consultation with Muswellbrook Shire Council for over 12 months regarding the development of a joint waste collection contract. Muswellbrook Shire has resolved to continue with the current contract for domestic waste collection for a period of 2 years, and to extend the recycling contract for a period of 2 years as an option under the current contract. Both contracts will expire July 2018. Upper Hunter Shire Council also has the option to extend the recycling contract under the current terms and conditions for a period of 2 years to midnight 4 July 2018. JR Richards have indicated a willingness to take up this option. The domestic waste contracts within the Upper Hunter Shire needs to be renewed as expeditiously as possible to ensure continuity of service. Extending the current contracts in line with our neighbour appears to be a logical step. ATTACHMENTS

1 Works And Technical Services Committee - 10 May 2016 - Summary Minutes - attachments excluded

RESOLVED that Council:

1. Endorse the minutes of the Works & Technical Services Committee meeting held

on 10 May 2016. 2. Adopt the revised Liquid Trade Waste Regulation Policy. 3. a) Extend the current contract for the collection and processing of recyclables

for a 2 year extension of current contract conditions, until 4 July 2018; b) Work with Muswellbrook Shire Council to develop contract documents for the

collection of domestic waste for the Upper Hunter; c) Delegate authority to the General Manager to sign documents relating to the

extension of the Recycling and Waste Contracts.

Moved: Cr P Bishop Seconded: Cr D Peebles CARRIED

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ATTACHMENT NO: 1 - WORKS AND TECHNICAL SERVICES COMMITTEE - 10 MAY 2016 - SUMMARY MINUTES - ATTACHMENTS EXCLUDED

ITEM NO: SCR.05.3

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MINUTES OF THE WORKS AND TECHNICAL SERVICES COMMITTEE OF UPPER HUNTER SHIRE COUNCIL HELD ON TUESDAY 10 MAY 2016 IN THE 135 LIVERPOOL ST COMMENCING AT 1.00pm

PRESENT: Cr Deirdre Peebles, Cr Maurice Collison, Cr Ron Campbell. APOLOGIES: Cr Lorna Driscoll. IN ATTENDANCE: Mr Alan Fletcher (Director Infrastructure Services), Mr Nick Havyatt (Manager Works Delivery), Mr Jeff Bush (Manager Strategic Assets) and Mr Paul Turri (Manager Water Waste), Mr Chris Agosto (Project Manager) and Mrs Belinda Olteanu (Infrastructure Support Officer). DECLARATIONS OF INTEREST: Nil. WTS.05.1 CAPITAL WORKS UPDATE

RESPONSIBLE OFFICER: Alan Fletcher - Director Infrastructure Services

AUTHOR: Belinda Olteanu - Infrastructure Services Admin Officer

RESOLVED

That the Committee receive the report and note the information.

Moved: D Peebles Seconded: M Collison CARRIED

WTS.05.2 WORKS PROGRAM - INFRASTRUCTURE SERVICES - WATER &

SEWER

RESPONSIBLE OFFICER: Alan Fletcher - Director Infrastructure Services

AUTHOR: Paul Turri - Manager Water and Waste

RESOLVED

That the Committee receive the report and note the information.

Moved: M Collison Seconded: D Peebles CARRIED

WTS.05.3 WORKS PROGRAM - INFRASTRUCTURE SERVICES

RESPONSIBLE OFFICER: Alan Fletcher - Director Infrastructure Services

AUTHOR: Nicholas Havyatt - Manager Works Delivery

RESOLVED

That the Committee receive the report and note the information.

Moved: R Campbell Seconded: M Collison CARRIED

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ITEM NO: SCR.05.3

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WTS.05.4 CASSILIS SEWERAGE UPGRADE - GRANT APPLICATION

RESPONSIBLE OFFICER: Alan Fletcher - Director Infrastructure Services

AUTHOR: Alan Fletcher - Director Infrastructure Services

RESOLVED

That the Committee receive the report and note the information.

Moved: D Peebles Seconded: R Campbell CARRIED

WTS.05.5 LIQUID TRADE WASTE POLICY

RESPONSIBLE OFFICER: Alan Fletcher - Director Infrastructure Services

AUTHOR: Paul Turri - Manager Water and Waste

RECOMMENDED that Council receive the report and adopt the revised Trade Waste Policy.

Moved: D Peebles Seconded: R Campbell CARRIED

WTS.05.6 WASTE COLLECTION CONTRACTS

RESPONSIBLE OFFICER: Paul Turri - Manager Water and Waste

AUTHOR: Coleen Pinkerton - Solid Waste Coordinator

RECOMMENDED that Council extend the current contract with J R Richards & Sons for the collection and processing of recyclables for a 2 year extension of current contract conditions, until 4th July 2018, and Work with Muswellbrook Shire Council in developing contract documents for the collection of domestic waste for the Upper Hunter, and Delegate authority to the General Manager to sign documents relating to the Recycled Waste Contracts.

Moved: D Peebles Seconded: R Campbell CARRIED THERE BEING NO FURTHER BUSINESS THE MEETING CLOSED AT 2.15pm

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COMMITTEE/DELEGATES REPORTS

C.05.1 AUDIT ADVISORY COMMITTEE

RESPONSIBLE OFFICER: Steve Pryor - Director Corporate & Community Services

AUTHOR: Shinead Taylor - Governance & Executive Support Officer

RECOMMENDATION That Council: 1. Endorse the minutes of the Audit Advisory Committee meeting held on 2 May 2016. 2. Adopt the Risk Appetite Statement and Strategic Risk Management Action Plan.

BACKGROUND The Audit Advisory 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 Advisory 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 from the meeting held on 2 May 2016 are attached. The Committee reviewed Council’s proposed Strategic Risks including Council’s Risk Appetite, and how Strategic Risks will be managed. The Committee altered Risk 5 from “Risk of failing to adequately protect the health and safety of staff” to “Risk of failing to adequately protect the health and safety of the workplace”. This allows doe coverage of staff and anyone else on our worksites.

ATTACHMENTS

1 Audit Advisory Committee - 2 May 2016 - Minutes

2 Risk Appetite Statement determined - 2016 - Summary

3 Strategic Risk Management Plan

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RESOLVED that Council:

1. Endorse the minutes of the Audit Advisory Committee meeting held on 2 May 2016. 2. Adopt the Risk Appetite Statement and Strategic Risk Management Action Plan.

Moved: Cr L Watts Seconded: Cr M Collison CARRIED

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ATTACHMENT NO: 1 - AUDIT ADVISORY COMMITTEE - 2 MAY 2016 - MINUTES ITEM NO: C.05.1

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MINUTES OF THE AUDIT ADVISORY COMMITTEE MEETING HELD ON MONDAY 2 MAY 2016 IN THE BARRY ROSE ROOM COMMENCING AT 3.00pm

PRESENT: Mr Paul Heaton (Chair), Mrs Jennifer Hayes, Mrs Kim Kalousek and Cr Maurice Collison.

IN ATTENDANCE: Mr Waid Crockett (General Manager), Mr Steve Pryor (Director Corporate & Community Services) and Miss Shinead Taylor (Minutes).

1. APOLOGIES

RESOLVED that the apologies received from Cr Wayne Bedggood be accepted. Moved: J Hayes Seconded: K Kalousek CARRIED 2. DISCLOSURE OF INTEREST Mr Paul Heaton recorded a declaration of interest relating to his wife being an employee of Council in the Youth Services department. He also noted that the wife of Council’s Manager Works Delivery is employed by his organisation. 3. PREVIOUS MINUTES

RECOMMENDATION TO COUNCIL :

That the minutes of the Audit Advisory Committee Meeting held on 8 February 2016, as circulated, be taken as read and confirmed as a correct record. Moved: J Hayes Seconded: K Kalousek CARRIED 4. BUSINESS ARISING FROM PREVIOUS MINUTES AAC.02.2 Draft Report on Asset Management Audit Preparedness Assessment S Pryor advised that this item is progressing, however it is expected that the Office of Local Government may extend the timeframe for the requirements to be met. ACC.02.3 Internal Auditor’s Report Scone Landfill Operations The Committee was informed that the investigation into the issues with charges for Clean fill is ongoing, and that focus has shifted to a more pressing matter with income from the Aberdeen tip currently not covering the operational costs. A report on income will be presented to the Works and Technical Services Committee, and will consider improvements to operational procedures such as operating hours, green waste processing and what materials are accepted at certain sites. It is also expected that with the implementation of the weighbridge and new software at Scone, customers will be encouraged to use this facility more and result in more accurate data records. It was noted that the draft fees and charges are currently on exhibition with the draft Delivery Program and Operational Plan. The Committee requested that the following recommendation from the February meeting be carried over:

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RECOMMENDED that the Committee receive the report and note its contents and request a further report to the next meeting. Moved: J Hayes Seconded: P Heaton CARRIED Internal Auditor Exit Interview The General Manager will review and email feedback to Committee Members. 5. AGENDA ITEMS

AAC.05.1 Audit Report

PURPOSE The purpose of this report is to provide a summary on audit activity for the period from 1 January 2016 to 31 March 2016. Recruitment of Internal Auditor The General Manager advised that with the proposed changes to the Local Government Act it has been decided to undertake recruitment now for an Internal Audit/Risk Manager rather than continuing to look at shared resources with other Councils. The position will be for a 12 month fixed term to allow to look at services being developed by Hunter Councils as an option for the medium to long term. The Committee agreed that Jennifer Hayes would sit on the recruitment panel for this position. Risk Appetite and Strategic Risk Management The Committee reviewed the draft Risk Appetite Statement and Strategic Risks for Council. It was noted that a number of things can influence the risk appetite of a Council, including who the Councillors are, and what resources are available. The Committee commented that the budget should reflect the risk appetite for each strategic risk. The Committee requested the amendment to the Risk Appetite Statement:

Providing a safe and healthy workplace

Risk of failing to adequately protect the health and safety of staff the workplace. 1

These documents will now go to Council for adoption and implementation. The next stage for staff and the Audit Advisory Committee will be to develop a plan for each individual risk according to the budget for those areas. Food Audit – Gummun Place Hostel The Committee noted the report. RESOLVED that the Committee receive the report and note its contents.

Moved: J Hayes Seconded: K Kalousek CARRIED RECOMMENDATION to Council: That the Risk Appetite Statement and Strategic Risk Management Action Plan be adopted.

Moved: J Hayes Seconded: K Kalousek CARRIED

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AAC.05.2 Report on External Interim Audit

PURPOSE

The purpose of this report is to note the items raised in the external auditors’ interim visit to Council which took place between 12 & 14 April 2016. Remote Locations Cash Receipts S Pryor advised that Council is currently implementing changes in relation to Landfill sites. These changes should be operational by 1 June 2016 and include:

1. Installation of a weighbridge at the main landfill site of Scone with the view of installing progressively at other sites as funding becomes available over the next few years.

2. Purchasing and installation of a new software package to replace the out of date system currently being used. The new system will have better report functionality with information being available on Council’s network for analysis compared to the current system that has very limited access and functionality. This software will be used for all landfill sites whether a weighbridge is in place or not. The software has been setup and tested and is ready to implement to coincide with the new weighbridge.

3. Introduction of EFTPOS facilities at the landfill sites to reduce levels of cash. An extensive advertising campaign will be conducted with the changes to encourage EFTPOS use rather than cash.

Sundry Debtor Reconciliation Discrepancy It was noted that this issue has been assigned as a high priority to be resolved, and that the discrepancy has remained unchanged since early in the financial year. Lack of Segregation of Duties in the Procurement Process S Pryor advised that Council has taken the following actions:

1. Council has made several representations to Civica about implementing some improvements in their ordering system, the matter has been referred to their development team for possible inclusion in future upgrades of the system. The system does work adequately for those within the same departments, the shortcomings are for orders across departments.

2. Management reviews delegations on a regular basis to ensure that they are appropriate. 3. Changes have been made to the responsibility and procedures to ensure that the written

delegations and the system delegations are matched and signed off as matching following each review thus ensuring there are no changes to the system without approval of management.

4. With the strict delegations in place Management does not see the need to have a separate officer (which would mainly be the next level higher) also sign the payment. Management is fine with the Accounts Payable Officer ensuring that costs above the order value are signed off with the correct delegations.

5. There have been no occurrences of individuals changing their own delegations. The option to approve delegation changes is limited to IT staff and the 2 key accounting officers. As noted in "3" above it is intended to have a copy of the delegations from Civica attached to the General Managers approved delegations and that signed off by the Director Corporate & Community Services each time the delegations change.

Lack of Review of General Journals S Pryor advised that all General Journals are authorised by the Finance Manager or the Director Corporate and Community Services. As these positions are the key accounting roles within Council they instigate the majority of journals. Council has a strong financial review system in place with Financial Reports approved by the Finance Committee on a monthly basis compared with the statutory requirement of quarterly. Management does not see any benefits in the key accounting officers countersigning each other's journals.

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The Committee noted and were satisfied with Council’s responses to the issues raised in the Interim Governance Letter, but requested a further report regarding the progress of outstanding actions to the next meeting. RESOLVED that the Committee:

1. Note the report. 2. Request a report to the next meeting regarding the progress of outstanding actions.

Moved: J Hayes Seconded: K Kalousek CARRIED 6. ACTION SHEET Attached 7. CORRESPONDENCE Nil 8. GENERAL BUSINESS Draft Delivery Program & Operational Plan 2016/17-2019/20 (DPOP) It was noted that the draft DPOP is currently on exhibition, due for adoption at the June Council meeting. S Taylor to send link to the DPOP through to Committee members. 9. NEXT MEETING Monday, 8 August 2016 at 3.00pm. The meeting was declared closed at 4.10pm.

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COMMITTEE

ACTION SHEET

Item Outstanding Since Details

Responsible Officer/s

Expected Completion Date Status

Internal Auditor Exit Interview

Feb 2016 GM to review and send relevant feedback to Committee members

GM 20 May 2016 Completed

Landfill Operations Feb 2016 Report to next Committee meeting on cleanfill charges/Scone Landfill Operations

S Pryor 8 August 2016

Internal Auditor Recruitment

May 2016 J Hayes to be involved in recruitment panel GM May 2016

Enternal Interim Governance Letter

May 2016 Report back on progress of outstanding items from report S Pryor/ Internal Auditor

8 August 2016

Draft DPOP May 2016 Link to draft Delivery Program and Operational Plan to be emailed to Committee members

S Taylor 6 May 2016 Completed

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RISK APPETITE STATEMENT DETERMINED

2016

SUMMARY The Risk Appetite Statement guides Organisation decision making. It reflects the tolerance of the Organisation to accept risk in the delivery of its strategic goals and objective, as articulated in the Community Strategic Plan 2013+. The Organisation has identified eleven key areas of risk critical to the delivery of strategic goals. Tolerance for risk ranges from zero tolerance (Level One) to accept risk to a high (Level 5) appetite for risk. The Organisation’s Risk Appetite is summarised below.

Theme Strategic Risk Risk Appetite

Major Project Management

Risk of failing to deliver major projects 2

Regulatory Risk of failing to comply with regulatory obligations.

2

Land Development and Land Use

Risk of ineffectual management of land development and strategic land use.

3

Financial Management

Risk of failing to meet financial obligations. 1

Providing a safe and healthy workplace

Risk of failing to adequately protect the health and safety of the workplace. 1

Stakeholder engagement

Risk of failing to effectively engage stakeholders.

2

Asset Management Risk of failing to manage assets for the future.

2

Business Continuity Risk of failing to provide effective continuity of business in an emergency.

1

Organisational Development

Risk of failing to provide an effective organisation.

2

Information Systems

Risk of failing to provide effective information systems.

3

Social Issues Risk of failing to identify and respond to critical emerging social issues

3

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Introduction UHSC success of will be as a result of effectively managing the business to deliver its strategic objectives as expressed in the Community Strategic Plan 2013+. Delivery of the business strategy and core functions is not without a level of risk exposure. Risk appetite is defined as the Organisations willingness to accept risk in pursuit of its objectives. An essential element of sound corporate governance is building an understanding of and accepting an appropriate risk profile. The establishment of the Organisations statement on risk appetite is intended to guide employees in their actions, decision-making, and ability to accept and manage risks. The Organisation formally establishes and communicates its risk appetite through this risk appetite statement and the Strategic Risk Management Framework. Context statement The Risk Appetite reflects the preparedness of the Organisation to accept varying categories of risk at a point in time. The risk appetite is reviewed annually. In some circumstances, the Organisation accepts and embraces other opportunities that are consistent with its vision, mission and strategic outcomes but may require new skills, products or services, or business models that may be untested, controversial or more difficult to implement. In most areas, the Organisation accepts a degree of risk (i.e legal, reputational and other risk) as a natural consequence of its operation. In most cases the degree of risk is governed by policy, procedures and legislation. In some areas such as treasury management, the Organisation has a very conservative risk appetite by reason that it is the community’s funds and exposing investments to high risk is not palatable. Risk Appetite Assessment Criteria

Assessment Description

High Risk Appetite 5

The Organisation accepts an inherent high risk that may result in reputation damage; financial loss or exposure; major breakdown in service provision, information system or information integrity; significant incidents(s) of regulatory non-compliance; or potential risk of injury to staff.

Moderate Risk Appetite 4

The Organisation is willing to accept risks that may result in reputation damage; financial loss or exposure; major breakdown in service provision, information system or information integrity; significant incidents(s) of regulatory non-compliance; or potential risk of injury to staff.

Modest Risk Appetite 3

The Organisation is willing to accept some risks in certain circumstances that may result in reputation damage; financial loss or exposure; major breakdown in service provision, information system or information integrity; significant incidents(s) of regulatory non- compliance; or potential risk of injury to staff.

Low Risk Appetite 2

The Organisation is not willing to accept risks in most circumstances that mayresult in reputation damage; financial loss or exposure; major breakdown in service provision, information system or information integrity; significant incidents(s) of regulatory non- compliance; or potential risk of injury to staff.

Zero Risk Appetite 1

The Organisation is not willing to accept risks under any circumstances that may result in reputation damage; financial loss or exposure; major breakdown in service provision, information system or information integrity; significant incidents(s) of regulatory non- compliance; or potential risk of injury to staff.

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STRATEGIC STATEMENTS AND RISK APPETITE

Strategic Risk 1: Major Project Management

Risk of failing to deliver major projects.

Risk Appetite 2

Strategic Statement We will continue to improve our project management standards to ensure that our major projects are delivered on time, to specification and budget. Guidance Statement We will act in a manner that enables us to deliver projects on time, to specification and within budget. In some situations stakeholder expectations on what should be delivered exceed what actually can be with the available resources. In such instances, we will be transparent in our reporting and what the desired outcome is. This will support a greater understanding for the community. Strategic Risk 2: Regulatory Risk of failing to comply with regulatory obligations.

Risk Appetite 2

Strategic Statement We will continue to meet our regulatory obligations by efficiently and effectively administering regulatory functions as required by relevant legislation, regulation and Council policies. Guidance Statement We are committed to delivering our regulatory services in an efficient and effective manner. We will use appropriate delegations and legislative compliance checklists to continually improve our processes and enable us to achieve this goal. We accept a modest level of risk as a cost trade-off to ensure efficient delivery of the regulatory function to meet the agreed levels of service.

We conduct periodic reviews of service standards and work with customers, our community and Regulators through the regulatory process to review performance and compliance. Strategic Risk 3: Land Development and Land Use Risk of ineffectual management of land development and strategic land use.

Risk Appetite 3

Strategic Statement We will endeavour to facilitate and advocate for the appropriate development of the Shire. We will continue to protect our Shire through Councils position statement on Coal and Coal Seam Gas activities and balancing conflicting land use activities for a sustainable future.

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Guidance Statement We acknowledge that managing land development activities and land use conflicts presents inherent risks that need to be proactively managed to reduce any significant environmental impacts (natural and built). This is achieved through clear policy and strategy development. We recognise that opportunities exist to go beyond minimum compliance standards by seeking improvements in current operations, and protecting and managing our natural assets. We will pursue those opportunities that deliver sustainable outcomes. Strategic Risk 4: Financial Management Risk of failing to meet financial obligations.

Risk Appetite 1

Strategic Statement We will continue to strengthen our financial sustainability through short term planning and longer term strategic positioning. Guidance Statement We acknowledge that delivery of our services is impacted by the amount of funding Council may receive. We will ensure that our financial position is not eroded relative to that at the end of Community Strategic plan and Delivery Program. We will adopt a flexible, risk-based management approach to the delivery of services by monitoring Councils’ activities, maintenance program and projects on a regular basis. Although the returns may not be as great, we will manage our investments through low risk portfolios. Strategic Risk 5: Providing a safe and healthy workplace Risk of failing to adequately protect the health and safety of the workplace.

Risk Appetite 1

Strategic Statement We will continue to improve our working environment and culture to make health, safety and welfare a priority. Through this we will ensure that we meet our obligations under Work, Health and Safety (WH&S) legislation. Guidance Statement Our strategic objectives are achieved through continuously improving our processes and embedding them in our WH&S management plans and system. Plans, policies and procedures are then monitored through the WH&S Committee and by the implementation of key performance indicators.

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Strategic Risk 6: Stakeholder engagement Risk of failing to effectively engage stakeholders.

Risk Appetite 2

Strategic Statement We will continue to develop our governance structures to ensure that we manage business risk, maintain good relationships with our stakeholders and strive to meet their expectations. We will endeavour to make every customer contact a quality one and consider the interests of the broader community in delivering our services. We will strive to engage customers and communities in our decision-making, reconciling diverse values and informing their understanding of service delivery outcomes. Guidance Statement Stakeholder confidence and support provides a license for Council to ‘get on with the job’. Hence we actively engage with, consult and manage expectations of our community and key stakeholders in the delivery of our services and gain their support to contribute to positive outcomes. Importantly, we will communicate the delivery of expectations (including shared expectations), and any unexpected outcomes in a timely manner to ensure transparency and to maintain and protect our reputation. Strategic Risk 7: Asset Management Risk of failing to manage assets for the future.

Risk Appetite 2

Strategic Statement We will continue to build and maintain infrastructure in a sustainable manner to enable the organisation to continue to meet the community’s needs. Guidance Statement We are committed to delivering services in an efficient and effective manner. We will use a continuous improvement process to enable us to achieve this goal both in the operation and renewal of current and future infrastructure. We accept a modest level of risk as a cost trade-off to ensure efficient delivery of asset planning and maintenance activities that underpin agreed levels of service. Asset management strategies and maintenance plans will be reviewed regularly to reconcile financial and operational risks associated with operating asset systems.

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Strategic Risk 8: Business Continuity Risk of failing to provide effective continuity of business in an emergency.

Risk Appetite 1

Strategic Statement We will continue to develop our risk management processes to ensure that we identify potential events that will disrupt our business activity, limiting our potential to fulfil our core obligations and that we understand the implication of the events for our community, stakeholders and staff. Guidance Statement Our capacity to maintain the delivery of our services during emergency situations is essential to ensure the broader wellbeing of the communities that we service. We have developed a business continuity plan that identifies and prioritises the risks to service delivery and identifies appropriate business controls. We will develop and test response plans to ensure the continuity of service and return to full operational capacity. Strategic Risk 9: Organisational Development Risk of failing to provide an effective organisation.

Risk Appetite 2

Strategic Statement We will continue to improve our organisation and its relationships by developing our skilled and motivated people to enable a healthy organisational culture. Guidance Statement We recognise and accept a moderate level of risk to provide opportunity to develop the human capability within the organisation. We will not accept any risk in the areas of: Employee performance and competencies to deliver our strategic objectives. Employee behaviour that compromises our culture, relationships and ability to deliver our

strategic objectives. Policies and procedures to meet relevant legislative requirements. Strategic Risk 10: Information Systems Risk of failing to provide effective information systems.

Risk Appetite 3

Strategic Statement We will continue to connect our communities through activities and events, online technologies and infrastructure and ensure that effective information and communication systems meet the current and foreseeable technological needs. Guidance Statement Our information systems objectives are achieved through continuous improvement processes that are

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embedded in our strategies and plans. We recognise and accept a moderate level of risk to information systems, but not as it relates to business continuity. Strategic Risk 11: Social Issues Risk of failing to identify and respond to critical emerging social issues.

Risk Appetite 3

Strategic Statement: We will continue to support families, the disadvantaged, children, young people and the aged as a priority. We will advocate for, develop and implement programs, services and facilities for our community through forming partnerships and participating in networks. Guidance Statement Our strategic objectives are achieved by building strong communities & social capital. We will undertake community development to ensure that communities are well informed, resourceful, connected, trusting, respectful and participatory.

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The role of Council and Strategic Risk Management Council’s objectives as defined by the Local Government Act The Local Government Act 1993 clearly defines Councils objectives, role and functions. The Community Strategic Plan details how Council will deliver outcomes for its community through four key focus areas and our aspirations for the future. Council also must have regard to the community and council vision:

A Quality Rural Lifestyle in a vibrant, caring and sustainable community Council provides leadership and good governance through the development of a Community Strategic Plan, Delivery Program and Operational Plan, which guides the strategic direction and action of Council and then reports on the outcomes and objectives on a regular basis. The sustainability issues facing local communities and the importance of providing access and equitable services to all is an on-going challenge for Council. Council’s role Council is elected to provide leadership for the good governance of the municipal district and the local community and our role varies in our leadership responsibility. Council makes decisions taking into account the diverse needs of the local community. We plan for the future as well as provide services for the day to day needs of the community. Sometime Council’s decisions are regulatory and require Council to comply with State and Federal policies and legislation. In other cases Council’s role is to facilitate and partner with others to achieve community benefit and/or advocate on behalf of the community to other tiers of government. Council’s role will therefore vary in how Council will deliver on its key strategic objectives set out in its Community Strategic Plan. The Council Plan and Strategic Risk Management The Community Strategic Plan defines Council’s strategic direction, outcomes and actions. Council’s Risk Policy aims to maximise opportunities to deliver on Council’s strategic directions as well as ensuring that associated risks are managed and monitored. Council will not be able to deliver strategic outcomes for the community alone. The ability of Council to influence, advocate and partner with others will be important to ultimately deliver on our strategies. The ability of Council to manage strategic risks needs to be considered in this context. For example, in ‘Failure to meet finance obligations’ Council does take a direct role in developing plans to address changes in financial management and funding opportunities which can be managed and monitored. However, from time to time, state and federal policy changes will impact funding opportunities and can be outside of Councils direct control. Therefore the strategic risk management approach will be focused on managing and monitoring what is within Council’s control and influence. Council understands that it cannot eliminate all strategic risk, however we are committed to identifying and minimising them. Ongoing reviews of strategic risks will ensure continual improvement.

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RISK 1: FAILURE TO DELIVER MAJOR PROJECTS Inherent Risk 

Score  Control Processes / Mitigation  Control Rating 

Residual Risk Score 

Risk Owner 

Responsible Officer  Management Action Planned  Key Dates 

High Dedicated Project Control Team Project Management Scheduling Project Management Training in MS Project Capitalisation Training Work & Technical Services – Standing Committee monitor progress Regular monitoring & reporting of Capital Works Program to SMG Provide Finance Committee with monthly variance report Use of Software Applications - MS Project Delivery Program, Operational Plan and 10 Year Financial Plan

Good High Director Infrastructure Services

Project Manager Project Management Review An audit was undertaken by Morrison Low (2014) to review the project management systems and to obtain assurance that suitable processes are implemented to manage projects appropriately including: Review of methodology and project documentation Review of reporting controls Reporting of key targets and progress of project milestones

Audit Completed. Ongoing review of action items to be completed by 30 June 2016.

Follow up & implement Audit Recommendations

As per plan

Enterprise Project Management system Develop IT strategy and include appropriate budget under IT Strategy

By 31 December 2016

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RISK 2: FAILURE TO COMPLY WITH REGULATORY OBLIGATIONS Inherent Risk

Score Control Processes /

Mitigation Control Rating

Residual Risk Score

Risk Owner Responsible

Officer Management Action Planned Key Dates

High Delegations of Authority - reviewed updated annually Legislative Compliance Checklist - reviewed bi-monthly Monitoring regulatory & statutory changes & amendments on a monthly basis

Good Medium General Manager

Director Environmental & Customer Services Director Corporate and Community Services Director Infrastructure Services

Review delegations of authority Annually by 30 June

Undertake legislative checklist monitoring Ongoing

RISK 3: INEFFECTIVE MANAGEMENT OF LAND DEVELOPMENT AND STRATEGIC LAND USE Inherent Risk

Score Control Processes /

Mitigation Control Rating

Residual Risk Score

Risk Owner

Responsible Officer

Management Action Planned Key Dates

Medium Strategic Planning process Upper Hunter Strategic Regional Land Use Plan (Hunter Regional Plan) Upper Hunter LEP 2013 LEP Amendments Planning Legislation Development & Environment Committee Community Consultation Upper Hunter Land Use Strategy Hunter Regional Plan (draft)

Good Medium Director Environmental & Customer Services

Director Environmental & Customer Services

Local Environmental Plan reviewed and maintained regularly through amendments. Major review – every 5 years

Ongoing

Strategic work undertaken on identified priorities to produce / update planning tools including DCP, LEP Maps, Land Use Strategy etc

Ongoing

Managing relationships & advocacy to State Government through regular contact with relevant State Government agencies and departments.

Ongoing

Continue to provide expert statutory and strategic planning reports to the Development and Environment Committee.

Ongoing

Continue to undertake community and stakeholder consultation in accordance with Councils’ adopted DCP and planning legislation.

Ongoing

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RISK 4: FAILURE TO MEET FINANCIAL OBLIGATIONS Inherent Risk

Score Control Processes /

Mitigation Control Rating

Residual Risk Score

Risk Owner

Responsible Officer

Management Action Planned Key Dates

Catastrophic 10 Year Financial and Community Strategic Plan Delivery Program & Operational Plan Monthly Reporting Comprehensive & stringent procurement guidelines and purchasing policy

Excellent High General Manager

Director Corporate & Community Services

Prepare a Community Strategic Plan

30 June 2017

Prepare a Delivery Program and Operational Plan & Budget

Annually

Provide Monthly financial report to SMG

Monthly

Revenue & expenditure forecasts reviewed regularly during the financial year and variances acted on

Monthly

Monthly financial report to Finance Committee and Council

Monthly

Audit plan and program reviewed and endorsed by the Audit Advisory Committee

Annually

Annual Report endorsed by Council By 30 November

RISK 5: FAILURE TO ADEQUATELY PROTECT THE HEALTH AND SAFETY OF THE WORKPLACE Inherent Risk

Score Control Processes /

Mitigation Control Rating

Residual Risk Score

Risk Owner

Responsible Officer

Management Action Planned Key Dates

Catastrophic WH&S Committee - remote sites Organisational policies & procedures Health & well being process WH&S management training including contractors Contracts process requires Contractor safety commitment

Good High Director Corporate & Community

Services

Manager HR WH&S audits scheduled annually and reported against to WH&S Committee

Annually

WH&S education and training scheduled and reported to the WH&S Committee

Ongoing

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RISK 6: FAILURE TO EFFECTIVELY ENGAGE STAKEHOLDERS Inherent Risk

Score Control Processes /

Mitigation Control Rating

Residual Risk Score

Risk Owner

Responsible Officer

Management Action Planned Key Dates

Medium Communications & Engagement Strategy Management Reports: Community Satisfaction Monitoring Proactively manage & engage relationships with community groups Established meeting structure re: briefings / workshops / etc for Clrs Joint Venture opportunities with State & Federal Gov't Monitor State & Federal initiatives and brief Council Regular communication & liaison with State & Federal Gov't Media Monitors

Good Medium General Manager

All Directors Develop Communications & Engagement Strategy

Completed

Complete high priority actions in Communications strategy

Completed

Complete medium priority actions in Communications strategy

31 Dec 2016

Provide regular briefing notes to Council on any stakeholder engagement

Weekly

Complete a Community Satisfaction Survey Bi-annually

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RISK 7: FAILURE TO MANAGE ASSETS FOR THE FUTURE Inherent Risk

Score Control Processes /

Mitigation Control Rating

Residual Risk Score

Risk Owner

Responsible Officer

Management Action Planned Key Dates

High 10 Year Community Strategic Plan and Resource Strategy Asset Management System - Confirm Asset Management Plan – for all infrastructure

Good Medium Director Infrastructure Services

Manager Strategic Assets

Asset Management Strategy to be adopted

Completed

Asset Management Plans reviewed and updated Ongoing – every 4 years

RISK 8: INEFFECTIVE BUSINESS CONTINUITY Inherent Risk

Score Control Processes /

Mitigation Control Rating

Residual Risk Score

Risk Owner

Responsible Officer

Management Action Planned Key Dates

Catastrophic Emergency Evacuation Procedures Business Continuity Plan including IT Disaster Recovery (see Risk 10) Local Emergency Management Committee including DisPlan

Good Medium General Manager

Director Infrastructure Services

Audit of Emergency DisPlan (District Plan), annual review of DisPlan and associated sub plans by the LEMC

Audit every 3 years and ongoing reviews

Quarterly formal meetings of the LEMC (Local Emergency Management Committee)

Quarterly

1 multi-agency exercises per year to review DisPlan effectiveness

Annually

Business Continuity Plan to be reviewed, updated & signed off by Senior Management Group (SMG)

Completed (2014)

Audit of Business Continuity Plan Bi-annually

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RISK 9: INEFFECTIVE ORGANISATIONAL DEVELOPMENT Inherent Risk

Score Control Processes /

Mitigation Control Rating

Residual Risk Score

Risk Owner

Responsible Officer

Management Action Planned Key Dates

High Organisational Development Staff engagement survey Function clearly defined including organisational structure Aligned to Strategic Directions / CSP Performance Management & Staff development plans Leadership Development Training and Development policy/procedure

Good Medium Director Corporate & Community

Services

Manager HR Review and update the Workforce Plan. The plan becomes work plan for HR, tracked and reported against key performance indicators.

30 June 2016

RISK 10: INEFFECTIVE INFORMATION SYSTEMS Inherent Risk

Score Control Processes /

Mitigation Control Rating

Residual Risk Score

Risk Owner

Responsible Officer

Management Action Planned Key Dates

High ICT Strategy Internal Audit Planned maintenance program Contract maintenance Business Continuity including IT Disaster Recovery Strategy (see Risk 8)

Good Medium Director Corporate & Community Services

Manager Information Systems

ICT Strategy developed and program reviewed and approved annually

By 30 June 2016

Projects monitored and reported and reviewed

Monthly 

ICT Strategy progress is reported to the SMG.

Bi‐monthly

Internal Audit completed as per audit plan

Ongoing 

IT Disaster Recovery Plan completed as part of the Business Continuity Plan.

Completed

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RISK 11: FAILURE TO IDENTIFY AND RESPOND TO CRITICAL EMERGING SOCIAL ISSUES Inherent Risk

Score Control Processes /

Mitigation Control Rating

Residual Risk Score

Risk Owner

Responsible Officer

Management Action Planned Key Dates

Medium Social (Community) Planning Function & Processes Membership of Bodies Contracts / Agreements with 3rd party service providers Various Community Strategic Plans Community Service Plans including Early Learning, Youth, Aged etc. Cultural Plan Community Grants Equal access & fair distribution of Council grants & subsidies

Good Medium Director Corporate & Community Services

Manager Community Services

Cultural Plan developed

30 June 2016

Disability Action Plan to be reviewed

30 June 2016

Community Grants - reviewed & issued on an annual basis

Ongoing

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C.05.2 HERITAGE ADVISORY COMMITTEE

RESPONSIBLE OFFICER: Waid Crockett - General Manager

AUTHOR: Mathew Pringle - Director Environmental & Customer Services

RECOMMENDATION That Council endorse the minutes of the Heritage Advisory Committee meeting held on 28 April 2016.

BACKGROUND The Heritage Advisory Committee is a Section 355 Committee of Council which meets on a quarterly basis unless otherwise advised. The Committee represents the interests of the broader community on heritage related matters, undertakes heritage projects which assist Council in meeting its community strategic objectives and supports the Council and Heritage Advisor in preparing and reviewing strategic planning documents related to heritage matters. A meeting of the Heritage Advisory Committee was held on Thursday 28 April 2016. REPORT/PROPOSAL The issues discussed were as raised in the Agenda and recorded in the attached minutes. ATTACHMENTS

1 Minutes of Heritage Advisory Committee Meeting - 28 April 2016

RESOLVED that Council endorse the minutes of the Heritage Advisory Committee meeting held on 28 April 2016.

Moved: Cr D Peebles Seconded: Cr M Johnsen CARRIED

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ATTACHMENT NO: 1 - MINUTES OF HERITAGE ADVISORY COMMITTEE MEETING - 28 APRIL 2016

ITEM NO: C.05.2

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MINUTES OF THE HERITAGE ADVISORY COMMITTEE MEETING 28 APRIL 2016 - 3.00PM

PRESENT: Cr Deirdre Peebles (Chair), Cr Lorna Driscoll, Gordon Halliday,

Kate Halliday, Bev Atkinson, Matt Dickson and Geoff Field.

IN ATTENDANCE: Mathew Pringle (Director Environmental and Customer Services), Elizabeth Evans, Carol Ray, Colin Stanford, Robin Stanford

APOLOGIES: RECOMMENDED that the apologies received from Ray Hynes be accepted. Moved: Cr Peebles Seconded: Kate Halliday CARRIED

PREVIOUS MINUTES:

RECOMMENDED that the minutes of the Heritage Advisory Committee Meeting held on 30 October 2015, as corrected, be taken as read and confirmed as a correct record. Moved: Kate Halliday Seconded: Bev Atkinson CARRIED

1. DISCLOSURE OF INTEREST

Nil 2. BUSINESS ARISING FROM PREVIOUS MINUTES

2.1 Conservation of Local Timber Bridges

Mathew Pringle presented the Committee with a list of timber and steel bridges located throughout the Upper Hunter Shire and discussed a report considered by Council’s Works and Technical Services Committee in September 2015 in relation to the preservation of timber bridges. It was suggested that the Committee review the list of bridges and identify those of historical significance and worthy of retention. Once these bridges are identified, Council may consider undertaking a study of each bridge with the aim of listing the bridges as items of local heritage significance under Schedule 5 of the Upper Hunter Local Environmental Plan 2013 to ensure their ongoing protection.

2.2 Council Building Classifications

Mathew Pringle advised the Committee that Council was currently updating its register of Council owned properties and classifications and would make this available to the Committee upon completion.

3. AGENDA ITEMS

3.1 Funding Opportunities for Heritage Conservation

Mathew Pringle provided the Committee with an overview of the NSW Government’s Heritage Near Me Incentives Program including a short video presentation on the Office of Environment and Heritage website.

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ITEM NO: C.05.2

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The Committee requested Mathew Pringle and/or Elizabeth Evans to follow up on grant funding opportunities available through the program and information on the Heritage Near Me roadshow. An update is to be provided at the next committee meeting, if not before. 3.2 Development Application Update Mathew Pringle provided the Committee with an update on the following development applications: DA 156/2015 – Change of Use to Café Bakery at 222 Kelly Street, Scone DA 106/2015 – Service Station and Convenience Store – 58 Macqueen Street, Aberdeen DA 26/2016 – Farm shed – Cassilis 3.3 Local Heritage Assistance Fund Update Mathew Pringle and Elizabeth Evans advised the committee that it had approved a number of applications for heritage funding since the last meeting including restoration works to a dwelling at 91 Kingdon Street, Scone; painting of the TransCare building at 214 Kelly Street, Scone and repainting of the roof and new guttering to the church at 76 Hill Street, Scone. Mathew advised the Committee that the number of applications received by Council had increased significantly since its last mail out to owners of heritage items, however, many applications had been received very late in the funding period and may have to be carried over to the next financial year.

3.4 Draft Town Centre Masterplans

The Committee discussed the town centre masterplans which are on exhibition until 10 May 2016. The Committee is generally supportive of the plans and is somewhat satisfied that adequate consideration has been given to heritage conservation. A number of Committee members commented that parking for larger vehicles and caravans was an issue in the Scone Masterplan and expressed a desire for the Civic Theatre to be restored as soon as possible to provide a drawcard and centrepiece for the Scone town centre.

3.5 Sandy Hollow to Merriwa Rail Trail

In response to a question raised at a previous Committee meeting, Mathew Pringle provided the Committee with an update on the progress of the Sandy Hollow to Merriwa Rail Trail project.

4. CORRESPONDENCE

Nil

5. GENERAL BUSINESS

Colin Stanford spoke to the Committee about setting up a railway model in a space currently leased by the Arts Council at the Murrurundi Railway Station. The Committee indicated its support for this project.

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ITEM NO: C.05.2

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Mathew Pringle advised the Committee on a recent facebook enquiry regarding the restoration of an old water tower adjacent the railway line in Murrurundi. It is unclear who has responsibility for the maintenance of the water tower. Mathew to contact the ARTC and Peter Caldon at Haydon Hall to obtain further information. Bev Atkison raised concerns regarding the replacement of windows to the first floor of the Thoroughbred Hotel, Scone with aluminium windows. Mathew Pringle to investigate. Bev Atkinson raised concerns regarding the sale of the Murrurundi Post Office and the loss of postal services in Murrurundi. Council is looking into the matter to determine if some postal services could be provided from Council’s customer service centre in Murrurundi. Mathew Pringle confirmed that any changes to the former Post Office building would need Council approval as it is a heritage item. Elizabeth Evans raised concerns regarding the replacement of storm damaged roofs on heritage buildings in Murrurundi. Council is to prepare a media release or letter reminding property owners that Council approval is required for external works to heritage items or buildings located within heritage conservation areas.

6. NEXT MEETING

Date of next meeting to be confirmed. The meeting was declared closed at 4.38pm.

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C.05.3 UPPER HUNTER LIBRARY SERVICES COMMITTEE

RESPONSIBLE OFFICER: Steve Pryor - Director Corporate & Community Services

AUTHOR: Kerri Cone - Manager Community Services

RECOMMENDATION That Council note the record of meeting of the Upper Hunter Library Services Advisory Committee meeting held on 13th April 2016.

BACKGROUND The Upper Hunter Library Services Advisory Committee is a Section 355 Committee of Council which meets every second month. The Committee represents the interests of the broader community on Library related matters, providing feedback on our five Shire branches REPORT/PROPOSAL The meeting did not achieve a quorum and notes need to be ratified at its next meeting on 8th June 2016. The Committee received reports from the Library Co-ordinator and Technical Librarian and discussed issues related to the Libraries. Aberdeen Library was the venue utilised for the meeting, so relevant parts of the Library Survey 2015 were discussed in conjunction with the Library Officers from Aberdeen. ATTACHMENTS

1 Upper Hunter Library Services Advisory Committee - 13 April 2016 - Notes

RESOLVED that Council note the record of meeting of the Upper Hunter Library Services Advisory Committee meeting held on 13th April 2016.

Moved: Cr D Peebles Seconded: Cr L Driscoll CARRIED

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ITEM NO: C.05.3

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NOTES FROM THE UPPER HUNTER LIBRARY SERVICES ADVISORY COMMITTEE MEETING OF THE UPPER HUNTER SHIRE COUNCIL HELD ON WEDNESDAY 13 APRIL 2016 IN THE ABERDEEN LIBRARY, MORAY ST, ABERDEEN COMMENCING AT 5.30pm

PRESENT: Cr Deidre Peebles, Cr Lorna Driscoll, Helen Freeman and Jayne Cronin

IN ATTENDANCE: Kerri Cone, Elizabeth Walter, Sue Aird, Marion Leggitt As a quorum was not present, these notes need to be ratified at the June meeting.

1. APOLOGIES

RECOMMENDATION

That the apologies received from Cr Peter Bishop, Kim Fenley, Di Roche, Steve Pryor and Lauren Allen be accepted. Moved: Cr Driscoll Seconded: Jayne Cronin CARRIED. 2. DISCLOSURE OF INTEREST Nil 3. PREVIOUS MINUTES

RECOMMENDATION

That the minutes of the Upper Hunter Library Services Advisory Committee Meeting held on 10 February 2016, as circulated, be taken as read and confirmed as a correct record. Moved: Cr Driscoll Seconded: Jayne Cronin CARRIED. 4. BUSINESS ARISING FROM PREVIOUS MINUTES

4.1 Australia Remembers – it was noted that this site is available through UHSC Libraries only, and not generally to the public at home.

5. AGENDA ITEMS

5a. Library Co-ordinators Report was reviewed. Moved that the Report be accepted. Moved: Helen Freeman Seconded: Cr Driscoll CARRIED. 5b. Technical Librarian’s Report was presented by Elizabeth. It was agreed that the UHSC Libraries should work to encourage the collection and ongoing updating of people’s email addresses, to reduce the cost of postage and speed up communication. It was suggested that a tick box on the bottom of documents could ask “Do you know that you can get emails to warn you of overdue books?”. This could also be advertised in the next “What’s On” newsletter. Moved that the Report be accepted. Moved: Jayne Cronin Seconded: Cr Peebles CARRIED

6. ACTION SHEET 6a Murrurundi Phone Message Staff reported that they had tried to change the message to say when a Librarian would be in attendance, but had been unable to do it. Aberdeen also needs a message. Kerri will approach IT for assistance.

7. CORRESPONDENCE

Nil

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ITEM NO: C.05.3

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8. GENERAL BUSINESS

8a. Priority List of issues for Aberdeen Library Members reviewed the 2015 Survey results for Aberdeen Library: The issues raised by respondents were:

Opening Hours –longer or different Furniture for Children – more needed More Computers More access to online content eg ebooks Continuation of Aberdeen Library (no closure) Regular well spaced emails for advertising and contact More room Classes, programs and activities for adults eg genealogy groups, bookclub, guest

speakers Staff and Committee discussed a range of options with the following priorities:

Purchase children’s tables and chairs Purchase glass display cabinet for displays ( approx. $1,000) Provide some sort of safety fencing to prevent children leaving the building – Elizabeth

to provide old fencing from Scone Library for a trial. Purchase an atlas for the reference section Staff requested name badges with first name only and bigger printing Replace Playstation which had been stolen

There was discussion that a review of opening hours should be organised through community Survey when practical. Staff felt that there was not a big need for more computers and little room to put them. The previous area where the Neighbourhood Centre had operated from would be considered for better utilisation. E-books were available and e readers would soon be in the system for loans.

8b. Merriwa Library Update

Kerri reported that the Merriwa Administration area upgrade was almost complete, but the Chambers were still being utilised for storage, and work would be unlikely to commence before July 2016. Quotes needed to be updated. The Architects plan was shared with members and various aspects discussed. The CTC area was likely to become part of the Library, but there was no known date as yet, when this service would move.

Jayne requested again that plans be put on display so that the public would be aware of what was happening. Kerri said that this was planned, but a meeting with staff needed to occur first for input.

8c. Gloria Doran’s Retirement A letter of thanks has been sent from the Committee to Gloria on her retirement. 9. NEXT MEETING The next Meeting will be held on June 8th 2016, commencing at 5.30pm at Scone Library. Cr Peebles tendered an apology for this meeting. (The following meeting is scheduled for August 10, at Merriwa Library) The meeting was declared closed at 7.28pm..

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C.05.4 MERRIWA AGED CARE HOSTEL COMMITTEE

RESPONSIBLE OFFICER: Steve Pryor - Director Corporate & Community Services

AUTHOR: Kerri Cone - Manager Community Services

RECOMMENDATION That Council endorse the minutes of the Merriwa Aged Hostel Committee meeting held on 18th April 2016.

BACKGROUND The Merriwa Aged Hostel Committee provides advice and recommendations to Council in relation to the provision of a 16 bed low care aged facility in Merriwa. The Committee meets every two months looking at the operational and financial aspects of the facility. Minutes of the Merriwa Aged Hostel Committee Meeting are included as attachment 1. REPORT/PROPOSAL The Minutes note operational matters that have been and are being undertaken by Hostel staff. Financial reports indicate the Hostel is on track for a positive financial result this year. A successful Food Safety Audit was achieved. A Grant for a Feasibility study of aged care needs for future Hostel planning was a priority item when applicable funding is next available. ATTACHMENTS

1 Merriwa Aged Hostel Committee - 18 April 2016 - Minutes

RESOLVED that Council endorse the minutes of the Merriwa Aged Hostel Committee meeting held on 18th April 2016.

Moved: Cr D Peebles Seconded: Cr R Campbell CARRIED

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MINUTES OF THE MERRIWA AGED HOSTEL COMMITTEE MEETING - MONDAY 18 APRIL 2016 - 3.30PM

PRESENT: Cr Deirdre Peebles, Barry Ghersi, Ross Bishop, Rose Witney, Margaret Witney

IN ATTENDANCE: Steve Pryor, Kerri Cone, Sue Duggan,Tash Taaffe, Julie Wilton

1. APOLOGIES

RECOMMENDATION

That the apologies received from Jan Cronin be accepted. Moved: R. Witney Seconded: M. Witney CARRIED

2. DISCLOSURE OF INTEREST Nil 3. PREVIOUS MINUTES

RECOMMENDATION

That the minutes of the Merriwa Aged Hostel Committee Meeting held on 15 February 2016, as circulated, be taken as read and confirmed as a correct record. Moved: R. Witney Seconded: M. Witney CARRIED 4. BUSINESS ARISING FROM PREVIOUS MINUTES

4(a) Floor coverings – Purchase Order raised, now waiting on availability of carpet layers. 4 (b) Shed - Barry requested the original grant application be revisited. Rotary may be able to assist with fund raising. Tash to bring original grant to next meeting for further discussion and to see if shed plans could be modified to fit budget. 4(c ) Merton Court - Sue asked Committee if interested in joining Merton Courts petition regarding high/low care requirements (eg.nurses on every shift impacting viability of smaller facilities.) Steve Pryor to review petition when the paperwork comes through. Sue advised Merton Court are considering pulling out of high care placements to focus on low care residents as a result of high burden/cost of nursing staff requirements for high care residents under new legislation. 4 (d) Committee- Margaret asked Peter Davidson if he would consider joining the committee. Kerri to add him to the mail out list and update Ross Bishops mailing address with his new address. 5. AGENDA ITEMS 5 (a) Treasurers Report – Steve reported on operating expenses, that overall income going along ok although a vacancy for part of March impacted income slightly. Expenditure going along well, awaiting energy bill for quarter. Orders have been placed for carpet replacement. Solar panels are being investigated to install at Gummun (as well as other Council buildings) to save money on energy costs. Overall, on track for another surplus this financial year. 5 (b) Hostel Supervisors Report – Sue reported there were no vacancies and are currently 9 on the hostel waiting list.

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Activities- Residents have been enjoying new activities introduced by activities officer Julie Wilton. Julie said she would like to introduce more active games oriented at men eg bowls. Currently there are 5 men, 11 women at the Hostel. Hostel improvements – need to plan for new/replacing air conditioning in some of the rooms. Fundraising – Market Day raised $3000 this year. Next year need more help with setting up. Hostel has been successful in obtaining the Merriwa Campdraft catering contract over October long weekend. Barry to ask Rotary for assistance closer to the date. Food Safety Audit - was successfully performed this month with a few minor maintenance and documentation issues raised eg. Lights had bugs in it, back door needs painting. Clinical data – a few UTI’s recorded, an infection, medication incident and an incorrect medication (Webster pack incorrectly packed from pharmacy), one fall registered (high care resident) and a need identified to wash protective sheets separately from other washing. 6. ACTION SHEET Nil 7. CORRESPONDENCE Nil 8. GENERAL BUSINESS Feasibility Study – Steve advised Council still looking for between $30,000 and $40,000 in grant funds to complete a Feasibility. The Committee can’t progress with any major developments until the study is completed. Deirdre requested more publicity to raise awareness in the community of the need for more aged care facilities. Tash to do a media release/interview with Dr Jawad.

Bus – Julie advised need more than one licensed driver for the bus (currently only one staff member has LR licence Jodie Wilton, who has recently reduced her hours). Steve said ok for staff to approach community volunteers to assist with outings. Deirdre and Barry advised they both have (HR) licenses and would be happy to assist as required with notice. Committee authorised Julie to apply for her LR license.

Men’s Shed – Barry asked if any residents interested in attending Mens Shed on Thursdays. Julie said 3 male residents may be interested if transport could be arranged. Julie to follow up. 9. NEXT MEETING The meeting was declared closed at 4.45pm. Next meeting Monday 6th June at 3.30pm at the Hostel. (Cr Deirdre Peebles is an apology for this meeting in advance)

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C.05.5 AUSTRALIA DAY COMMITTEE - SCONE & ABERDEEN DISTRICTS

RESPONSIBLE OFFICER: Kerri Cone - Manager Community Services

AUTHOR: Amanda Catzikiris - Community Services Officer

RECOMMENDATION That Council endorse the minutes of the Australia Day Committee – Scone and Aberdeen Districts meeting held on 28 April 2016.

BACKGROUND The Scone and Aberdeen Australia Day Committee is a S355 Committee of Council established to oversee the planning and provision of Australia Day activities in the Scone and Aberdeen districts. The Committee consists of Cr Watts and Cr Driscoll, as well as community members, and is supported by staff from the Community Services section. REPORT/PROPOSAL Representatives of the three district Committees reviewed the nomination guidelines and procedures that are currently utilised, to develop an enhanced process that is consistent across all areas. District Committee will have the opportunity to comment on the updated draft guidelines prior to finalising the document. ATTACHMENTS

1 Australia Day Committee - Scone & Aberdeen Districts - 28 April 2016 - Minutes

2 Draft Australia Day Nomination Guidelines 2016

RESOLVED that Council endorse the corrected minutes of the Australia Day Committee – Scone and Aberdeen Districts meeting held on 28 April 2016.

Moved: Cr D Peebles Seconded: Cr M Johnsen CARRIED

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ATTACHMENT NO: 1 - AUSTRALIA DAY COMMITTEE - SCONE & ABERDEEN DISTRICTS - 28 APRIL 2016 - MINUTES

ITEM NO: C.05.5

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MINUTES OF THE SCONE & ABERDEEN DISTRICTS AUSTRALIA DAY COMMITTEE MEETING - THURSDAY 28 APRIL 2016 -

1.00pm

PRESENT: Cr Lee Watts, Cr Deirdre Peebles, Ms Muriel King, Mr Bryan Baker,

Mr Arthur Williams, Ms Carmel Hughes, Mr Ray Shoobert, Mr Frank Heap

IN ATTENDANCE: Ms Liz Foote, Mrs Margaret Cooper, Kerri Cone, Amanda Catzikiris, Heather Ranclaud

1. APOLOGIES

RECOMMENDATION

That the apologies received from Cr Lorna Driscoll, Mr Graham Hook, Mr Errol & Mrs Beryl Bates, Mr Cameron Smith, Ms Gwen Alchin be accepted. Moved: Cr Deirdre Peebles Seconded: Carmel Hughes CARRIED 2. DISCLOSURE OF INTEREST Nil 3. AGENDA ITEMS

a. Updating of Australia Day Awards Guidelines – Cr Watts provided an overview of the existing guidelines and lead a discussion regarding the inconsistencies in the procedures that exist in each area. The Committees for each area are developing a comprehensive set of guidelines for the Shire. They are currently in draft form and Committee members will have the opportunity to provide additional feedback prior to the end of July. Report tabled.

4. ACTION SHEET

a. Update Nomination Form – Include a note in the ‘Your Nominee’ section, there is a minimum limit of twenty five (25) words and a maximum limit of two (2) A4 pages.

5. CORRESPONDENCE Nil 6. GENERAL BUSINESS

a. Australia Day Ambassador – In 2017 Murrurundi will engage the same Ambassador as the Scone / Aberdeen area. Murrurundi will hold their ceremony on the evening prior to Australia Day. There will be a review of this process prior to the 2018 event. b. Voting procedure – Mr Williams outlined the procedure that is used by the Merriwa Australia Day Committee. Each Committee will continue to use their current voting procedure as per Council processes.

c. Budget information – Committee members requested details of the budget allocation that can be spent for minor expenses. This information will be provided to the Australia Day Committee in each area.

7. NEXT MEETING TBA The meeting was declared closed at 2.10pm.

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ATTACHMENT NO: 2 - DRAFT AUSTRALIA DAY NOMINATION GUIDELINES 2016 ITEM NO: C.05.5

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Draft Only UPPER HUNTER SHIRE & DISTRICT

AUSTRALIA DAY AWARD GUIDELINES 2016

These guidelines have been developed to assist Australia Day Committees in Upper Hunter Shire Council to follow consistent procedures across our Shire, whilst

providing local enhancements particular to each area.

1. INTRODUCTION

1a. Upper Hunter Shire Australia Day Awards recognise and celebrate those community members who have a consistent record of excellence, who have made outstanding achievements in their field, and have contributed in a significant way to the community.

2. AWARD CATEGORIES

The following core Awards will be considered by each Committee:

2a. Citizen of the Year awarded to a resident, either individual or couple (husband and wife), who is an inspirational role model and have made a significant contribution to the community in either a paid or unpaid capacity.

2b.Young Citizen of the Year awarded to a resident under the age of 25 (as at 26 January) who is an inspirational role model and has made a significant contribution to the community.

2c. Achiever of the Year awarded to a resident of each district who is an inspirational achiever in sport, cultural, environmental, professional or other significant activity.

2d. Young Achiever of the Year awarded to a resident of each district who is an inspirational achiever under the age of 25 (as at 26 January) in any sport, culture, environment, school or other significant activity.

3. OTHER AWARD CATEGORIES

3a. ADVERTISED CATEGORIES

3a1. Community Group of the Year awarded to a group or team within each district that has made an outstanding beneficial contribution to the community. This may include staging a noteworthy event in the community, an outstanding sporting achievement by a team, or enhancing community spirit and pride through providing opportunities for participation and co-operation.

3a2. Sustainability in Business awarded to a business within the Merriwa district which is an inspirational role model in demonstrating best practice. This includes agricultural, manufacturing, financial, retail and all other types of business.

3a3. Environmental Achievement awarded to a resident/s within the Merriwa district who is an inspirational role model in protecting and enhancing the environment.

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3b. NON ADVERTISED “SPECIAL” AREA AWARDS

3b1. Australia Day award certificates may also be presented according to an area of excellence identified on the nomination form, such as; Agriculture, Arts/Cultural/Entertainment, Business/Industry, Community, Education, Environment, Health & Wellbeing, Sports & Fitness or other significant area.

4. EVIDENCE TO SUPPORT NOMINATION

4a. All nomination information and material will become the property of the Upper Hunter Shire Council and will be protected in accordance with Council’s privacy policy.

4b. The Australia Day Committees will judge nominations based on the information that is provided on the form. There is a minimum limit of twenty five (25) words and a maximum limit of two (2) A4 pages. Information should include examples which support your statements.

4c. Staff will develop information for publicity, media and Australia Day Programs based on the information supplied by the Nominator. Where insufficient information is provided, Staff may contact the nominee or nominator to clarify or seek further information, once the Award decisions are made.

5. LACK OF NOMINATIONS

5a. In the event of no nominations being received for an award, nominations from the previous year will be considered subject to approval of the nominees.

6. LATE NOMINATIONS

6a. Late nominations will not be considered.

7. CLOSING DATE AND EXTENSIONS OF DATE:

7a. The closing date and time will be set by the Scone/ Aberdeen Committee for all nominations, in line with the need to provide reports to the Upper Hunter Shire Council December meeting where recommendations are accepted from area Committees. 7b. The General Manager will make the final decision if the date for nominations is to be extended by one week, following a request from at least 2 committees/or Council Community Service Workers. Details of the extension timeframe will be placed on the Council website.

8. NOMINATIONS MAY BE VALID FOR 2 YEARS

8a. At the discretion of the Australia Day Committees, a nomination will remain valid for a two (2) year period if age and information still meets the criteria for the award.

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9. ELIGIBLE NOMINATIONS

9a. The Nominee must be a resident of the Upper Hunter Shire during the year preceding the Award.

9b. Nominations must be received by the due date advertised unless an extension of time has been advised on Council’s website.

9c. Nominations will be signed by the nominator with their contact details completed.

9d. Nominees must be Australian citizens.

9e. Nominees achievements must relate to contributions to the Upper Hunter Shire.

9f. Groups of people are eligible to be nominated on the same nomination form, by attaching a list of the names of the persons in the group.

9g. Members of Parliament State or Federal and current Councillors are not eligible to be nominated.

9h.The awards are presented for the year in which the awards are made (eg for an award made in January 2016 the awardee will be known as the Citizen of the Year 2016).

9i. Anonymous nominations will not be accepted.

9j. Self-nominations will not be accepted.

9k. Nominations by close relatives eg Mother, Father, Grandparents, sisters and brothers of the recipient will not be accepted

9l. Nomination for a core award cannot be made posthumously.

9m. Nominee achievements and contributions to the community may be in a paid or unpaid capacity. In the instance of a paid role, the nominee must also demonstrate a high level of commitment to their community in a volunteer role. 9n. Nominations that contain less than 25 words of supporting information will not be accepted, as noted on the nomination form.

10. SELECTION OF OVERALL WINNERS

10a. Upper Hunter Shire Citizen of the Year and Young Citizen of the Year will be selected and awarded by Council from the winners of these categories for each district.

10b. District Australia Day committees will determine the district awards for recommendation to Council.

10c. The determinations of the district committees and Council for award recipients will be final, with no appeal provisions.

10d. The final decision for which category a nominee will be placed in, is the responsibility of the committee and Council. If the category is changed, the nominator will be informed as soon as practicable.

10e. A major award can be awarded to an individual or couple (husband and wife).

10f. Posthumous awards will not be permitted for the main award categories.

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11. FORMAT OF NOMINATION FORM

11a. The nomination form will be a bi-fold page design, with the award categories on the front, nominee details in the centre and guidelines on the back page. 11b. A yes / no tick box will be included in the Young Endeavour nomination form, to give permission to include the nominee as an Australia Day award nominee.

12. NOTIFICATION

12a. Nominees will be notified of their nomination following the close of nominations.

12b. If a nominee’s category for nomination has been changed the nominator will be informed.

12c. Where a nomination is disqualified the nominator will be informed in writing, indicating the reason after the judging has been completed.

13. NOTIFICATION OF AWARDS

13a. Award recipients will be announced at the appropriate Australia Day ceremony according to area.

13b. A strictly embargoed list of Award recipients and their information will be released to media before the Australia Day ceremony.

13c. Mrs Ursula McLoughlin will be provided with details of the Hunter McLoughlin Memorial Citizenship Award recipient, prior to Australia Day to allow her some background on the person.

14. DISTRIBUTION OF NOMINATION FORMS 14a. The nomination forms will be included with rate notices where practical.

15. NOMINATORS

15a. Nominations may be proposed by an individual person or a group being a club, sporting organisation, business, school or community group.

16. CONSENT OF NOMINEES: 16a. A yes / no tick box will be included in the Australia Day Nomination Form to indicate that the nominator has obtained the nominee’s consent to lodge the nomination. 17. AWARDING OF THE SAME AWARD MORE THAN ONCE

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17a. No nominee will receive the same core award a second time, but can be nominated for and receive a different award.

18. COMMITTEE MEMBERSHIP

18a. Past Citizen and Young Citizen Award winners will be invited to join the Australia Day Committee in their area.

19. AWARD CEREMONIES

19a. Nominees will be invited to and encouraged to attend their district Australia Day ceremonies in Aberdeen, Merriwa, Murrurundi or Scone where district awards will be presented. The Shire awards will be announced and/or presented at all ceremonies, where the timing is appropriate.

19b. Nominees can attend the Ceremony of their choice for the presentation of School achievement awards.

20. COMPLAINTS AND DISPUTES

20a. All complaints or disputes should be directed to the General Manager, Upper Hunter Shire Council.

21. LODGING THE NOMINATION

21a. Nominations should be submitted to any of Council’s offices in Merriwa, Murrurundi or Scone, or posted to the Upper Hunter Shire Council, PO Box 208, Scone NSW 2337, and clearly marked ‘CONFIDENTIAL – Australia Day Award’.

Nominations will also be accepted on line through Council’s website.

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Infrastructure Services

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C.05.6 UPPER HUNTER SHIRE TRAFFIC COMMITTEE

RESPONSIBLE OFFICER: Jeff Bush - Manager Strategic Assets

AUTHOR: Belinda Olteanu - Infrastructure Services Admin Officer

RECOMMENDATION That Council: 1. Endorse the minutes of the Upper Hunter Shire Traffic Committee meeting held on 11

February 2016. 2. a) Retain “Give Way” signs and associated line marking on Waverley Street at the

intersection of Sydney Street Scone, and b) install centre median islands and investigate design proposal for Sydney Street to

include kerb extensions at the intersection of Sydney and Waverley Streets. 3. That 30 minute parking restrictions be implemented fronting 128 Liverpool Street, in front

of the Scone Neighbourhood Resource Centre, replacing the current 15 minute zones. 4. That additional 50km/h signs be installed in Mount Street Murrurundi. BACKGROUND This Committee is formed under the Traffic Act and consists of delegates from Council, Roads & Maritime Services (RMS), the local State Member and local police. The Committee is charged with responsibility for making recommendations to Council regarding all matters concerning local traffic regulations. REPORT/PROPOSAL The major Traffic issues discussed at the meeting included: Scone – Sydney/Waverley Street Intersection:

Correspondence has been received from a number of residents requesting that existing “Give Way” signs on Waverley Street, intersecting with Sydney Street be replaced with “Stop” signs. Sydney Street has right of way over Waverley Street for traffic movements as Sydney Street is considered the priority road. The residents state that motorists exiting Waverley Street regularly do not heed the Give Way signs and motorists travelling along Sydney Street often experience near misses as a result. There has been one reported accident at the intersection with moderate injury in 2013. The Committee recommended to retain the existing Give Way signs, and install centre median islands and kerb extensions at the intersection of Sydney and Waverly Streets.

Parking Restrictions at Scone Library, Liverpool Street Scone:

Council received correspondence in relation to existing 15 minute parking restrictions in front of the Scone Library, stating that this is insufficient time to use services available. Complaints have also been received about vehicles parked in 2 hour zones beyond the limit, hence reducing available parking opportunity around the Library, Scone Neighbourhood Centre and Scone Court House. Council Officers have consulted all the affected parties, none have any objection to increasing the current 15 minute restriction to 30 minute restrictions.

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Glenbawn Road Speed Restriction:

A resident has requested that the speed limit on Glenbawn Road from Gundy Road (Regional Road MR105) to Segenhoe Road be reduced from 100km/h to 80km/h. This request had previously been forwarded to RMS, as all speed related restrictions/proposals are their responsibility. RMS have already processed the request and are awaiting approval.

Mount Street Murrurundi – Speeding Vehicles: Residents of Mount Street, Murrurundi have requested that additional warning signs be installed along Mount Street to slow vehicles travelling to/from the Mount Pleasant residential estate. Mount Street is approximately 600m in length comprising of a wide bitumen pavement with no traffic calming devices. The Murrurundi Swimming Pool is situated in Mount Street, therefore causing an increase in traffic and pedestrian volumes and movements during the summer months. Additional warning signs are recommended for this area.

ATTACHMENTS

1 Upper Hunter Shire Traffic Committee - 12 May 2016 - Minutes

RESOLVED that Council:

1. Endorse the minutes of the Upper Hunter Shire Traffic Committee meeting held on 11 February 2016.

2. a) Retain “Give Way” signs and associated line marking on Waverley Street at the intersection of Sydney Street Scone, and

b) install centre median islands and investigate design proposal for Sydney Street to include kerb extensions at the intersection of Sydney and Waverley Streets.

3. That 30 minute parking restrictions be implemented fronting 128 Liverpool Street, in front of the Scone Neighbourhood Resource Centre, replacing the current 15 minute zones.

4. That additional 50km/h signs be installed in Mount Street Murrurundi.

Moved: Cr M Collison Seconded: Cr L Watts CARRIED

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ATTACHMENT NO: 1 - UPPER HUNTER SHIRE TRAFFIC COMMITTEE - 12 MAY 2016 - MINUTES ITEM NO: C.05.6

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MINUTES OF THE UPPER HUNTER SHIRE TRAFFIC COMMITTEE MEETING OF THE UPPER HUNTER SHIRE COUNCIL HELD ON THURSDAY 12 MAY 2016 IN THE BARRY ROSE ROOM COMMENCING AT 10.30am

PRESENT: Cr Collison, Cr Campbell, Bill Howie (Local MP Delegate), Chris Dengate (NSW Police), Tim Chapman (RMS)

IN ATTENDANCE: Alan Fletcher (Director Infrastructure Services), Jeff Bush (Manager Strategic Assets), Belinda Olteanu (Infrastructure Support Officer)

1. APOLOGIES

Guy Guiana (Acting Commander Hunter Valley Local Area Command)

RECOMMENDATION

That the apologies received from Guy Guiana be accepted.

Moved: Cr Campbell Seconded: Bill Howie CARRIED

2. DISCLOSURE OF INTEREST Nil 3. PREVIOUS MINUTES

RECOMMENDATION

That the minutes of the Upper Hunter Shire Traffic Committee Meeting held on 11 February 2016, as circulated, be taken as read and confirmed as a correct record. 4. BUSINESS ARISING FROM PREVIOUS MINUTES No outstanding business items. 5. AGENDA ITEMS

TRF.05.1 Scone - Sydney/Waverley Street Intersection

PURPOSE The purpose of this report is to gain approval to alter give way signage at the intersection of Sydney and Waverley Streets, Scone. RECOMMENDATION

That the following line marking and signage be approved:

1. Retain “Give Way” signs and associated line marking on Waverley Street at the intersection of Sydney Street Scone, install centre median islands and investigate design proposal for Sydney Street to include kerb extensions at the intersection of Sydney and Waverley Streets.

Moved: Cr Campbell Seconded: Tim Chapman CARRIED

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TRF.05.2 Parking Restrictions - Scone Library

PURPOSE The purpose of this report to gain approval to replace existing 15 minute parking restrictions with 30 minute parking restrictions in front of the Scone Library, Liverpool Street, Scone. RECOMMENDATION

That 30 minute parking restrictions be implemented fronting 128 Liverpool Street Scone. Moved: Cr Collison Seconded: Chris Dengate CARRIED

6. ACTION SHEET Nil 7. CORRESPONDENCE

TRF.05.3 CRM 14967/16 Glenbawn Road Speed Restriction

Correspondence A resident has requested that the speed limit on Glenbawn Road from Gundy Road (Regional Road 105) to Segenhoe Road be reduced from 100km/h to 80km/h. Officer’s Report All speed related restrictions/proposals are the responsibility of the RMS. RMS have completed the request, pending approval. Tim Chapman (RMS) to advise expected approval timing. RECOMMENDATION

That the request be forwarded to the RMS.

TRF.05.4 CRM 14902 Mount Street - Murrurundi - speeding vehicles

Correspondence Residents of Mount Street, Murrurundi have requested that additional warning signs be installed along Mount Street to slow vehicles travelling to/from the Mount Pleasant residential estate. The request states that there is an increase of young children in the area, and the residents are worried that a serious accident may occur if the vehicles do not slow down. Officer’s Report Mount Street is approximately 600m in length comprising of a wide bitumen pavement with no traffic calming devices. The Murrurundi Swimming Pool is situated in Mount Street, therefore causing an increase in traffic and pedestrian volumes and movements during the summer months. As such additional warning signs are recommended for this area. RECOMMENDATION

That additional 50km/h signs be installed in Mount Street Murrurundi.

Moved: Chris Dengate Seconded: Bill Howie CARRIED

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8. GENERAL BUSINESS Tim Chapman: For the duration of the Kayuga bridge over the Hunter river at Muswellbrook upgrade, the temporary speed limit for Blairmore Lane will be 80km/h, with signage and VMS signage. It is the RMS intention that the 80km speed limit be retained permanently after bridgework has been completed. Tim Chapman to give updates. Chris Dengate: There has been a report from the police officer based at Moonan Flat that there has been barriers (fencing of some sort) erected in Park Street. Council Officers to investigate. Cr Collison Can Council erect signage for Glenbawn Dam at a suitable location on Segenhoe Rd before the intersection with Glenbawn Dam Rd travelling north to alert drivers (particularly towing caravans) of its location. Cr Campbell Can the silent policeman at intersection of Collins St and Flaggs Road please be removed. 9. NEXT MEETING 11 August 10.30am In Barry Rose Room The meeting was declared closed at 11.00am.

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Environmental & Customer Services

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DEVELOPMENT REPORTS

D.05.1 DEVELOPMENT APPLICATION NO. 178/2014 - SECTION 96 MODIFICATION - RELOCATE APPROVED DWELLING

RESPONSIBLE OFFICER: Waid Crockett - General Manager

AUTHOR: Mathew Pringle - Director Environmental & Customer Services

PURPOSE On 21 April 2016, Council received an application pursuant to Section 96(1a) of the Environmental Planning and Assessment Act 1979 to modify Development Consent No. 178/2014 for a relocated dwelling, additions and removal of a shed at Lot 133 DP 1203945, No. 21 Cullingral Street, Merriwa. The application is being reported to Council due to a non-compliance with Council’s Policy – Building Near Water and Sewer Services.

RECOMMENDATION That Council modify Development Consent No. 178/2014 for a relocated dwelling, additions and removal of a shed at Lot 133 DP 1203945, No. 21 Cullingral Street, Merriwa subject to the conditions of consent in Attachment 1, as modified.

BACKGROUND Applicant: Casson Planning & Development Services Owner: LJJO Pty Ltd ATF Proposal: Section 96(1a) Modification – Relocate approved dwelling Location: Lot 133 DP 1203945, No. 21 Cullingral Street, Merriwa Lodged: 21 April 2016 Zone: R1 General Residential Development Application No. 178/2014 for a relocated dwelling, additions and removal of a shed at Lot 133 DP 1203945, No. 21 Cullingral Street, Merriwa was received by Council on 4 October 2014. The application was placed on public exhibition and notified on 8 October 2014. No submissions were received by Council. During the course of the development assessment it was revealed that the relocated dwelling was proposed over a sewer easement. As a result, Council staff requested the applicant to submit an amended site plan showing the building clear of the easement. Amended plans were received on 23 March 2015 showing the building clear of the sewer main and 1.1 metres from the western boundary as well as the deletion of the proposed garage. The amended proposal complied with the minimum building setback controls and was not renotified. The application was subsequently approved under delegated authority on 1 April 2015. Following the placement of the dwelling on the property, Council staff and the applicant received a complaint from an adjoining property owner regarding the close proximity of the dwelling to the western boundary and the fact that the approved setback is significantly different to the proposal originally notified by Council. After giving the matter considerable thought, the applicant, as a sign of goodwill, has agreed to relocate the dwelling on the property so that the setback from the western boundary is increased to 4.7 metres.

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REPORT/PROPOSAL The application seeks to modify Development Consent No. 178/2014 by relocating the approved dwelling on Lot 133 such that the setback of the dwelling from the western boundary is increased from 1.1 metres to 4.7 metres. The front building setback of 6.0 metres will remain unchanged while the eastern setback will be reduced from 7.65 metres to 4.065 metres. The proposed modification will result in a minor encroachment of 0.435 metres into an existing sewer easement, however the building will remain clear of the actual sewer main. Due to the encroachment, the modified proposal does not comply with Council’s Policy – Building Near Water and Sewer Services. To ensure that the development does not impact on the integrity of the existing sewer line, the footings of the building are required to be located below the zone of influence of the main and a condition of consent has been recommended in this regard. The encroachment is considered to be minor and acceptable under the circumstances and has been agreed to by Council’s Water and Waste department. The proposed modification is considered to be of minimal environmental impact. Indeed, the impacts of the approved dwelling on the amenity of the adjoining Lot 12 DP 604266, No. 23 Cullingral Street are likely to be reduced as a result of the modification. The proposed setback from the eastern boundary (4 metres) is unlikely to result in any additional environmental impacts. OPTIONS 1. That Council modify Development Consent No. 178/2014 for a relocated dwelling,

additions and removal of a shed at Lot 133 DP 1203945, No. 21 Cullingral Street, Merriwa subject to the conditions of consent in Attachment 1, as modified.

2. That Council refuse to modify Development Consent No. 178/2014 for a relocated dwelling, additions and removal of a shed at Lot 133 DP 1203945, No. 21 Cullingral Street, Merriwa.

CONSULTATION Surrounding properties were notified of the development proposal between 2 May 2016 and 16 May 2016. No submissions were received by Council. Water and Waste has assessed the amended proposal and agreed to the minor encroachment into the sewer easement. A condition of consent has been recommended requiring an amended footing design to be submitted with the Construction Certificate application demonstrating that the footings will be located outside the zone of influence of the sewer main. STRATEGIC LINKS a. Community Strategic Plan 2013+ The proposed development, as modified, is consistent with the Key Focus Areas and Aspiration Goals 3 and 5 of the Community Strategic Plan: “(3) Protect the natural and built environment and plan for a sustainable future for our Shire and our planet; (5) Enhance economic and employment opportunities and promote development”.

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b. Delivery Program Assessment of the application is in accordance with the Community Strategic Objectives for town planning: “Facilitate and provide for a growing population, including for example, affordable housing, community amenities, health and welfare services”. c. Other Plans Nil. IMPLICATIONS a. Policy and Procedural Implications The modified proposal does not comply with Council’s Policy – Building Near Water and Sewer Services, however, as noted previously, the non-compliance is considered to be minor and acceptable under the circumstances. b. Financial Implications Nil. c. Legislative Implications An assessment of the application has been undertaken pursuant to Section 96 of the Environmental Planning and Assessment Act 1979 (see Attachment 2). d. Risk Implications Council determinations of development applications and modifications to consents 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 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. e. Other Implications There are no other implications of granting approval to the application. CONCLUSION The application has been assessed as satisfactory against Section 96(1A) of the Environmental Planning and Assessment Act 1979, Upper Hunter Local Environmental Plan 2013 and the Upper Hunter Shire Development Control Plan 2015. The proposal is in keeping with the site context, is an appropriate form of development for the site and is unlikely to result in any significant adverse impacts. Accordingly, it is recommended that the application be approved subject to appropriate conditions of consent.

ATTACHMENTS

1 Recommended Conditions of Consent

2 DA 178/14 - Planning Assessment Report

3 Amended Site Plan

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RESOLVED that Council modify Development Consent No. 178/2014 for a relocated dwelling, additions and removal of a shed at Lot 133 DP 1203945, No. 21 Cullingral Street, Merriwa subject to the conditions of consent in Attachment 1, as modified.

Moved: Cr R Campbell Seconded: Cr L Driscoll CARRIED

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ATTACHMENT NO: 1 - RECOMMENDED CONDITIONS OF CONSENT ITEM NO: D.05.1

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DA 178/2014 ‐ Recommended Conditions of Consent: 

Identification of approved plans:

1. The development being carried out in accordance with the application to modify the consent,

amended drawings referenced below, Statement of Environmental Effects/Environmental Impact Statement dated 1 October 2014, except where amended by the following conditions.

JOB REFERENCE NO SHEET NO REVISION

NO DRAWN BY DATE

SH20062014 1 D B. Wilson 25/02/2016

SH20062014

SH20062014

2-6

S1, S2, S3 & S4

C

-

B. Wilson

B. Wilson

16/01/2015

20/01/2015

(Reason: To ensure that the form of the development undertaken is in accordance with the determination of Council)

Operational conditions imposed under the environmental planning and assessment act and regulations and other relevant legislation:

2. All building work must be carried out in accordance with the provisions of the National

Construction Code Series. (Reason: Prescribed by legislation)

3. Home Building Act Requirements (1) Building work that involves residential building work (within the meaning and

exemptions provided in the Home Building Act) must not be carried out unless the Principal Certifying Authority for the development to which the work relates:

(a) in the case of work to be done by a licensee under that Act:

i. has been  informed  in writing of the  licensee’s name and contractor  licence 

number, and 

ii. is  satisfied  that  the  licensee  has  complied with  the  requirements  of  the 

Home Building Act, or 

(b) in the case of work to be done by any other person: i. has been informed in writing of the person’s name and owner‐builder permit 

number, or 

ii. has been given a declaration, signed by the owner of the  land, that states 

that the reasonable market cost of the  labour and materials  involved  in the 

work is less than the amount prescribed for the purposes of the definition of 

owner‐builder  work  in  section  29  of  that  Act,  and  is  given  appropriate 

information  and  declarations  under  paragraphs  (a)  and  (b)  whenever 

arrangements for the doing of the work are changed in such a manner as to 

render  out  of  date  any  information  or  declaration  previously  given  under 

either of those paragraphs. 

Note: The amount referred to in paragraph (b)(ii) is prescribed by regulations under the Home Building Act 1989. As at the date on which this Regulation was Gazetted, that amount was $20,000. As

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those regulations are amended from time to time, that amount may vary.

(2) A certificate purporting to be issued by an approved insurer under Part 6 of the Home

Building Act 1989 that states that a person is the holder of an insurance policy issued for the purposes of that Part is, for the purposes of this clause, sufficient evidence that the person has complied with the requirements of that Part.

(3) If arrangements for doing residential building work are changed while the work is in

progress so that the information submitted to Council is out of date, further work must not be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the Council), has given the Council written notice of the updated information.

(Reason: Prescribed by legislation)

Conditions that must be addressed prior to commencement: Conditions that must be addressed prior to commencement:

Conditions that must be complied with prior to the issue of a Construction Certificate:

Advice:

3a. All footings located within the sewer easement traversing the site shall be extended below the zone of influence of the sewer main. Detailed engineering drawings demonstrating compliance with this condition shall be submitted to, and approved by, the Certifying Authority prior to the issue of a Construction Certificate.

(Reason: To protect the integrity of a public asset)

Conditions that must be addressed prior to commencement:

4. All required erosion and sedimentation techniques are to be properly installed prior to the

commencement of any site works and maintained in a functional and effective condition throughout the construction activities until the site is stabilised. The installation is to be approved by the Principal Certifying Authority prior to further commencement of site works. (Reason: To protect the environment from the effects of sedimentation and erosion

from development sites)

5. Unless an existing stabilised site access is utilised, stabilised site access consisting of at least 200mm of aggregate at 30–60mm in size be a minimum of 3m in width and must be provided from the road edge to the front of the building being constructed. The stabilised access must be fully maintained and removed from the site when a permanent driveway has been constructed. The installation must be approved by the principal certifying authority prior to the commencement of site works. (Reason: To protect the environment from the effects of sedimentation and erosion

from development sites)

6. Site facilities (a) If the development involves building work or demolition work it is recommended that 

the work  site be  fully  enclosed by  a  temporary  security  fence  (or hoarding) before 

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work commences. Any such hoarding or  fence  is  to be  removed when  the work has 

been completed. 

(b) A minimum width of 1.2m must be provided between the work site and the edge of 

the roadway so as to facilitate the safe movement of pedestrians. If trees are present 

in the footpath the minimum width must be provided to one side of the trees. 

(c) A garbage receptacle fitted with a tight fitting  lid for the reception of all food scraps 

and papers from the work site must be provided prior to building work commencing 

and must be maintained and serviced for the duration of the work. 

(d) Adequate toilet facilities must be provided on the work site. Each toilet provided must 

be a standard flushing toilet, connected to a public sewer, or if connection to a public 

sewer is not available, to an on‐site effluent disposal system approved by the council, 

or an approved temporary chemical closet.  The provision of toilet facilities must be completed before any other work is commenced.

The installation of the site facilities shall be approved by the Principal Certifying Authority prior to further commencement of site works and prior to the first inspection. (Reason: To ensure the health and safety of the community and workers on the site)

7. A sign must be erected in a prominent position on any work site on which work involved in the erection or demolition of a building is being carried out:

(a) stating that unauthorised entry to the work site is prohibited; (b) showing the name of the principal contractor (or person in charge of the work site), and

a telephone number at which that person may be contacted at any time for business purposes and outside working hours; and

(c) showing the name, address and telephone number of the Principal Certifying Authority

for the work. Any such sign must be maintained while to building work or demolition work is being carried out, but must be removed when the work has been completed. The installation is to be approved by the Principal Certifying Authority prior to further commencement of site works. (Reason: Statutory requirement)

8. A water meter as issued and installed by Upper Hunter Shire Water & Waste department must be connected to the town’s reticulated water supply prior to any commencement. The installation is to be confirmed by the Principal Certifying Authority prior to further commencement of site works. (Reason: To ensure an adequate supply of potable water is provided to the site)

9. No works shall commence on site until such time as a Construction Certificate has been issued for either part or all of the works. If a certificate is issued for part of the works it must cover the works being undertaken onsite.

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(Reason: Prescribed – Statutory)

Conditions that must be complied with during demolition and building work:

10. The relocated dwelling shall be delivered and completed onsite in accordance with Upper

Hunter Shire Council Policy ‘Relocated Dwelling’. (Reason: To ensure compliance with development consent)

11. Second hand materials shall not be used unless specifically approved by the Certifying

Authority or Principal Certifying Authority in writing. (Reason: To maintain standard of materials used in the construction process.)

12. No trees on public property (footpaths, roads, reserves, etc.) unless specifically approved in this consent shall be removed or damaged during construction including for the erection of any fences, hoardings or other temporary works. (Reason: Protection of existing environmental infrastructure and community assets)

13. Any person acting on this consent must ensure that:-

(a) materials must not be burnt on the site. (b) vehicles entering and leaving the site with soil or fill material must be covered. (c) dust suppression measures must be carried out to minimise wind-borne emissions in

addition odour suppression measures must also be carried out where appropriate so as to prevent nuisance occurring at adjoining properties.

(Reason: To protect the environment and the amenity of the surrounding area)

14. The applicant shall bear the cost of all works associated with the development that occurs on Council’s property. (Reason: To ensure the proper management of public land and funds)

15. Any person acting on this consent shall ensure that:-

(a) building construction activities are only carried out during the following hours: i. between Monday to Friday (inclusive)—7.00am to 5.00pm, 

ii. on a Saturday—8.00am to 5.00pm. 

(b) building construction activities must not be carried out on a Sunday or a public holiday unless prior approval has been obtained

(c) demolition and excavation works must only be carried out between Monday to Friday (inclusive) between 8.00am and 5.00pm.

(Reason: To ensure that works do not interfere with reasonable amenity expectations

of residents and the community)

16. Building materials and equipment must be stored wholly within the work site, unless prior written approval has been obtained from Council. Equipment must not be operated on the footpath or roadway, unless prior written approval has been obtained from council.

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(Reason: To ensure public safety and amenity on public land)

17. Any person acting on this consent must ensure that:-

(a) all excavations and backfilling associated with the erection or demolition of a building 

must be executed safely and in accordance with appropriate professional standards.  (b) all  excavations  associated  with  the  erection  or  demolition  of  a  building  must  be 

properly  guarded  and  protected  to  prevent  them  from  being  dangerous  to  life  or 

property.  (c) demolition work must be undertaken  in  accordance with  the provisions of AS2601‐ 

Demolition of Structures.  (d) the builder is to ensure that persons working on the site comply with the WorkCover 

Authority’s requirements.  (Reason: To ensure that work is undertaken in a professional and responsible manner

and protect adjoining property and persons from potential damage)

18. Any necessary alterations to, or relocations of, utility services must be carried out at no cost to the council or the relevant public authority. (Reason: To ensure costs associated with the development are not transferred to the

public)

19. The applicant shall bear the cost of all restoration works to Council’s property damaged during the course of this development. (Reason: To ensure the protection of existing public infrastructure)

Conditions which must be complied with prior to the issue of any occupation certificate:

20. Prior to issuing any Occupation Certificate for building works where asbestos based products

and other hazardous materials have been removed tipping receipts, which detail that all waste has been disposed of at an approved waste disposal depot shall be provided to the Principal Certifying Authority. Note: Further details of licensed asbestos waste disposal facilities can be obtained from www.dec.nsw.gov.au (Reason: To ensure that building works involving asbestos based products are safe for

occupation and will pose no health risks to occupants.)

21. The premises shall be connected to the sewer system in accordance with the Australian Standard 3500. A works as executed plan on Department of Fair Trading Sewer Service Diagram is to be submitted to Council within seven (7) days following the final drainage inspection and prior to the issue of any Occupation Certificate. (Reason: To ensure compliance with the Australian Standard & Local Authority

requirements.) 22. The building is not to be used or occupied until a final inspection has been carried out and

any Occupation Certificate has been obtained from the Principal Certifying Authority.

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(Reason: Prescribed - Statutory.)

23. Prior to the issue of any Occupation Certificate a works as executed plan drawn on Department of Fair Trading approved template detailing the layout and location of the sewer and stormwater pipe work is to be submitted to Upper Hunter Shire Council.

Note: The original copy of works as executed drawing must be submitted to Council.

(Reason: Prescribed – Statutory.)

24. Prior to the issue of any Occupation Certificate a sealed driveway shall be constructed from the kerb and gutter/ edge of bitumen to the edge of the garage/ property boundary in accordance with the profile on the approved plans.

The crossover and layback shall be constructed in accordance with Council’s standard drawing number SVL-001. Approval under Section 138 of the Roads Act 1993 is required prior to the commencement of any works within the road reserve.

(Reason: To facilitate appropriate vehicular access to private sites, without disruption to

pedestrian and vehicular traffic and to minimise the risk of pollution to waterways from the carrying of soil from the site onto the roadway.)

24a. Prior to the issue of an Occupation Certificate, an appropriately qualified and practising

structural/civil engineer shall certify to the Principal Certifying Authority that all footings located within the sewer easement traversing the site extend below the zone of influence of the sewer main.

(Reason: To ensure compliance with the conditions of consent)

Conditions that must be complied with at all times:

25. At all times all stormwater from the development including all hardstandings and overflows

from rainwater tanks is to be collected and disposed of by way of properly constructed stormwater lines to the kerb and gutter (piped). If concrete footpath exists; pipework is to be under bored to the existing kerb inlet. (Reason: To ensure suitable disposal of stormwater.)

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ADDRESS: Lot 133 DP 1203945, 21 Cullingral Street, Merriwa APPLICATION No: 178/2014 PROPOSAL: 178/2014 PLANS REF: DRAWINGS NO. DRAWN BY DATE RECEIVED

PLANNING RELATED DRAWINGS / INFO SH20062014 Wilson’s

Quality Drafting

25/02/16 21/04/16

CONSTRUCTION RELATED DRAWINGS / INFO

OWNER: J & R Regional Investments & Ljjo Pty Ltd APPLICANT: Casson Planning & Development Services

5 Stanstead Close SCONE NSW 2337

AUTHOR: Mr M G Pringle DATE LODGED: 21/04/2016 AMENDED: ADD. INFO REC’D: 3 May 2016 DATE OF REPORT: 10 May 2016

SUMMARY OF FACTS ISSUES: Encroachment into sewer easement SUBMISSIONS: Nil RECOMMENDATION: Approval

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LOCATION MAP

DESCRIPTION OF PROPOSAL The application seeks to modify Development Consent No. 178/2014 by relocating the approved dwelling on Lot 133 such that the setback of the dwelling from the western boundary is increased from 1.1 metres to 4.7 metres. The front building setback of 6.0 metres will remain unchanged while the eastern setback will be reduced from 7.65 metres to 4.065 metres. The proposed modification will result in a minor encroachment of 0.4 metres into an existing sewer easement, however the building will remain clear of the actual sewer main. RELEVANT HISTORY Development Application No. 178/2014 for a relocated dwelling, additions and removal of a shed at Lot 133 DP 1203945, No. 21 Cullingral Street, Merriwa was received by Council on 4 October 2014. The application was placed on public exhibition and notified on 8 October 2014. No submissions were received by Council. During the course of the development assessment it was revealed that the relocated dwelling was proposed over a sewer easement. As a result, Council staff requested the applicant to submit an amended site plan showing the building clear of the easement. Amended plans were received on 23 March 2015 showing the building clear of the sewer main and 1.1 metres from the western boundary as well as the deletion of the proposed garage. The amended proposal complied with the minimum building setback controls and was not renotified. The application was subsequently approved under delegated authority on 1 April 2015. Following the placement of the dwelling on the property, Council staff and the applicant received a complaint from an adjoining property owner regarding the close proximity of the dwelling to the western boundary and the fact that the approved setback is significantly different to the proposal originally notified by Council. After giving the matter considerable thought, the applicant, as a sign of goodwill, has agreed to relocate the dwelling on the property so that the setback from the western boundary is increased to 4.7 metres.

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REFERRALS

Water & Waste Water and Waste has assessed the amended proposal and agreed to the minor encroachment into the sewer easement. A condition of consent has been recommended requiring an amended footing design to be submitted with the Construction Certificate application demonstrating that the footings will be located below the zone of influence of the sewer main.

SUBMISSIONS Surrounding properties were notified of the development proposal between 2 May 2016 and 16 May 2016. No submissions were received by Council. MATTERS FOR CONSIDERATION - ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 SECTION 96 (1A) Section 96(1A) of the Environmental Planning and Assessment Act 1979 provides that a consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if: (a) it is satisfied that the proposed modification is of minimal environmental impact, and The proposed modification is considered to be of minimal environmental impact. Indeed, the impacts of the approved dwelling on the amenity of the adjoining Lot 12 DP 604266, No. 23 Cullingral Street are likely to be reduced as a result of the modification. The proposed setback from the eastern boundary (4 metres) is unlikely to result in any additional environmental impacts. (b) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and The proposed development, as modified, is substantially the same as the approved development. The modification simply involves the minor relocation of the approved dwelling on the allotment without any other physical change to the development. The scale, intensity and description of the approved development will remain unchanged. (c) it has notified the application in accordance with: (i) the regulations, if the regulations so require, or (ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and The modified proposal was notified for a period of fourteen days. No submissions were received. (d) it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be. Not applicable. SECTION 96 (3) The relevant matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, are assessed under the following headings: CONSIDERATION

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The relevant matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, are assessed under the following headings: ENVIRONMENTAL PLANNING INSTRUMENTS UPPER HUNTER LOCAL ENVIRONMENTAL PLAN 2013 COMMENT

Land Use Table

Zoning classification R1 General Residential

Zoning objectives The modified proposal is consistent with the objectives of the R1 General Residential zone.

Zoning permissibility The modified proposal is permissible as residential accommodation in the R1 zone.

Clauses (Part 4) Height of buildings (Clause 4.3)

The height of the building complies with the height limit of 8.5 metres shown on the Height of Buildings Map.

Floor space ratio (Clause 4.4 and 4.5)

The modified proposal complies with the maximum FSR of 0.5:1 shown on the Floor Space Ratio Map.

Part 5 – Miscellaneous provisions

Heritage conservation (Clause 5.10)

The modified proposal will not have a detrimental impact on the significance of the Merriwa Heritage Conservation Area.

Part 6 – Additional Local Provisions

Essential Services (Clause 6.10)

All essential services including reticulated water, sewer, electricity, telephone, stormwater and vehicular access are available to service the development.

STATE ENVIRONMENTAL PLANNING POLICIES

SEPP No. 55 – Remediation of Land

The subject property has a history of residential use and it is considered that the site is not likely to be subject to contamination that would require remediation of the land relative to the proposed development and use of the land

REGIONAL ENVIRONMENTAL PLANNING POLICIES There are no REP’s applicable to the site.

DRAFT ENVIRONMENTAL PLANNING INSTRUMENTS There are no draft EPI’s applying to the land.

DEVELOPMENT CONTROL PLANS Development control plan Considered? Comment (only if necessary)

Upper Hunter Development Control Plan 2015

YES The modified proposal complies with the provisions of Part 4a Urban Dwellings of the Upper Hunter DCP 2015 with respect to building setbacks, design, height and scale, solar access, building materials, visual and acoustic privacy, private open space, landscaping, heritage, parking and services. With respect to the controls for relocated dwellings, the proposal is considered to be compatible with the existing streetscape, character and standard of surrounding development in the area. Whilst the proposal does not comply with the requirement that the sub-floor must be screened along the street frontage with a brick render wall, it is proposed to screen the sub-floor space with a decorative timber

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screen. The proposed method of screening is considered to be acceptable under the circumstances and achieves the outcome of the development control.

Section 94A Levy Contributions Plan 2008 YES Contributions are not payable in respect of the modified development under the Upper Hunter Shire Council Section 94A plan as contributions were paid in accordance with Council’s Section 94 Plan at the time of subdivision of the land.

Scone Contributions Plan No 1

N/A

PLANNING AGREEMENTS There are no planning agreements relevant to the proposal.

REGULATIONS There are no provisions in the regulations relevant to the proposal.

LIKELY IMPACTS OF THE DEVELOPMENT

The modified proposal will have minimal impact on the streetscape given that the building façade and front setback will remain unchanged. As noted previously in this report, the modified proposal is likely to reduce the amenity impacts on the adjoining property at Lot 12 DP 604266, No. 23 Cullingral Street with respect to overshadowing, privacy, visual and acoustic amenity. The proposal allows for suitable vehicular access and off-street car parking and all utilities are available to service the development, as modified. The proposal is unlikely to impact on the amenity of the adjoining Lots 131 and 132 DP 1203945 given that the building will be set back at least 4 metres from the common boundary with these allotments. SUITABILITY OF THE SITE FOR THE DEVELOPMENT

The attributes of the site are conducive to the proposed development, as modified. In this regard, the site has sufficient land area to accommodate the dwelling as well as private open space, landscaping and off-street car parking. The site is serviced by all utilities and has direct access to a public road. There are no natural hazards or other physical constraints that would preclude development of the land.

POLICIES, GUIDELINES AND CODES OF PRACTICE Policy, Guideline etc Considered? Comment (only if necessary)

Building Near Water and Sewer Services YES The modified proposal will result in an encroachment of 0.435 metres into an existing sewer easement traversing the property. As such, the modified proposal does not comply with Council’s Policy – Building Near Water and Sewer Services. To ensure that the development does not impact on the integrity of the existing sewer line, the footings of the building are required to be located below the zone of influence for the main. A condition of consent has been recommended in this regard. The encroachment is considered to be minor and acceptable under the circumstances.

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THE PUBLIC INTEREST

The modified proposal is considered to be in the public interest as it will reduce the amenity impacts of the development on an adjoining property. SUMMARY OF LIKELY IMPACTS OF THE DEVELOPMENT All likely impacts of the proposed development have been considered within the context of this report.

ENVIRONMENTAL APPRAISAL CONSIDERED

1 Statutory controls YES 2 Policy controls YES 3 Design in relation to existing building and natural environment YES 4 Landscaping/open space provision YES 5 Traffic generation and car parking provision YES 6 Loading and servicing facilities YES 7 Physical relationship to and impact upon adjoin development (views, privacy,

overshadowing, etc.) YES

8 Site Management issues YES 9 All relevant S79C considerations of Environmental Planning and Assessment Act 1979 YES 10 Section 89 LGA 93 including Clause 12 considerations of Local Government Regulations

1993 YES

CONSISTENCY WITH THE AIMS OF PLAN It is considered that the modified development is consistent with the specific aims of the plan and the objectives of the zone and of the controls. As such, consent to the modified development may be granted. SUBMITTORS CONCERNS No submissions received. CONCLUSION The application has been assessed as satisfactory against Section 96(1A) of the Environmental Planning and Assessment Act 1979, Upper Hunter Local Environmental Plan 2013 and the Upper Hunter Development Control Plan 2015. The modified proposal is in keeping with the site context, is an appropriate form of development for the site and is unlikely to result in any significant adverse impacts. Accordingly, it is recommended that the application be approved subject to appropriate conditions of consent. RECOMMENDATION PURSUANT TO SECTION 96 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT Council, as the consent authority, modify Development Consent No. 178/2014 as follows:

1. Amend Condition No. 1 as follows:

1. The development being carried out in accordance with the application to modify the consent, amended drawings referenced below, Statement of Environmental Effects/Environmental Impact Statement dated 1 October 2014, except where amended by the following conditions.

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JOB REFERENCE NO SHEET NO REVISION

NO DRAWN BY DATE

SH20062014 1 D B. Wilson 25/02/2016

SH20062014 SH20062014

2-6 S1, S2, S3 & S4

C -

B. Wilson B. Wilson

16/01/2015 20/01/2015

(Reason: To ensure that the form of the development undertaken is in accordance with the

determination of Council)

2. Insert Condition Nos. 3a and 24a as follows: 3a. All footings located within the sewer easement traversing the site shall be extended below the zone

of influence of the sewer main. Detailed engineering drawings demonstrating compliance with this condition shall be submitted to, and approved by, the Certifying Authority prior to the issue of a Construction Certificate.

(Reason: To protect the integrity of a public asset) 24a. Prior to the issue of an Occupation Certificate, an appropriately qualified and practising

structural/civil engineer shall certify to the Principal Certifying Authority that all footings located within the sewer easement traversing the site extend below the zone of influence of the sewer main.

(Reason: To ensure compliance with the conditions of consent) Mathew Pringle DIRECTOR OF ENVIRONMENTAL & CUSTOMER SERVICES

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GENERAL ADMINISTRATION REPORTS

G.05.1 REQUEST FOR FINANCIAL ASSISTANCE - SCONE LITERARY LONG WEEKEND

RESPONSIBLE OFFICER: Steve Pryor - Director Corporate & Community Services

AUTHOR: Shinead Taylor - Governance & Executive Support Officer

PURPOSE The purpose of this report is to consider a request to provide financial assistance to the Scone Literary Long Weekend.

RECOMMENDATION That Council provide financial assistance to the value of $200 to assist with the Scone Literary Long Weekend.

BACKGROUND The Scone Literary Long Weekend is to be held from 4- 6 November 2016. The inaugural event was held in 2014. A request has been made for Council to provide some financial assistance. REPORT/PROPOSAL The event will be held in November in the Scone Arts and Crafts Hall. It is proposed to provide some financial support as the event will attract visitors to the area. OPTIONS 1. Agree to provide a donation of $200 2. Provide a donation to a different value 3. Not provide a donation to the event CONSULTATION

Director Corporate & Community Services STRATEGIC LINKS a. Community Strategic Plan 2013+ SOCIAL

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

b. Delivery Program Facilitate partnerships which create and support a caring community. Facilitate healthy lifestyles through participation by and in partnership with the

community in sports and cultural activities.

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c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications The request fits within Council’s donation policy – Section 6(d). b. Financial Implications The draft Delivery Program and Operational Plan 2016/17-2019/20 has a Donations/Sponsorship budget of $24,000. Under the preferred option, the financial implications will be $200 which is available within the budget. c. Legislative Implications Nil d. Risk Implications All events require a risk evaluation to be undertaken prior to the event. e. Other Implications Nil CONCLUSION The recommendation is to provide a donation to the Scone Literary Long Weekend to the value of $200. ATTACHMENTS

1 Scone Literary Long Weekend - Anne Davies - Request for Support for festival - 14/04/16

RESOLVED that Council provide financial assistance to the value of $200 to assist with the Scone Literary Long Weekend.

Moved: Cr M Johnsen Seconded: Cr L Driscoll CARRIED

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ATTACHMENT NO: 1 - SCONE LITERARY LONG WEEKEND - ANNE DAVIES - REQUEST FOR SUPPORT FOR FESTIVAL - 14/04/16

ITEM NO: G.05.1

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G.05.2 DONATION TO SHOWSTOPPERS PERFORMING ARTS

RESPONSIBLE OFFICER: Waid Crockett - General Manager

AUTHOR: Sean Constable - Manager Business Enterprise & Tourism

PURPOSE The purpose of this report is to provide background and reasoning for supporting the Showstoppers Performing Arts Inc to deliver mentoring and support to disabled people across the Upper Hunter.

RECOMMENDATION That Council provide a one-off donation to Showstoppers Performing Arts Inc of $2,000 as seed funding for their production.

BACKGROUND Showstoppers Performing Arts Company “works to improve access to quality performing arts programs and workshops for all people with disabilities in the Upper Hunter”. The aim is “provide local disabled people with the opportunities to learn, create and perform their own style of theatre which will allow an outstanding opportunities to develop a market for growth and engagement with new audiences for people with disabilities”. The Artistic Director, Jill Hamling, has inspected the Old Court Theatre and believes that the location is ideal for the purposes of the Company. Showstoppers has previously requested Council to waive the fees and charges associated with the hiring of the Old Court Theatre on a regular basis (April 2016). At its meeting on 26 April 2016 Council resolved to defer the recommendation to seek clarification and investigate other options including venues. REPORT/PROPOSAL Given the need to maintain the Old Court Theatre, Council was concerned about waiving hire fees for ongoing use of the Theatre given the costs of maintaining the venue. A donation to Showstoppers will provide funding for the association toward operational costs including hiring of the venue. Council officers met with Ms Hamling to outline Council’s concerns, discuss the appropriateness of the venue and their ongoing requirements. It was agreed that a donation to the organisation is considered more appropriate rather than waiving hire fees. Showstoppers will then continue to raise funds to ensure they meet their ongoing commitments. In October each year Council runs a process and consideration of Cultural Activity Grants. Council could defer consideration of this matter to this process if it wishes. OPTIONS 1. Provide a donation of $2,000 to Showstoppers. 2. Waive the hire fees for the Old Court Theatre.

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3. Not assist the group in any financial contribution. 4. Matter deferred and considered under Cultural Activity Grants process. CONSULTATION

Showstoppers founder, Jill Hamling General Manager Director Corporate and Community Services

STRATEGIC LINKS a. Community Strategic Plan 2013+ SOCIAL 1) Support families, the disadvantaged, children, young people and the aged for an equitable

and caring society 1. Form partnerships and participate in networks which address the needs and interests

of disadvantaged groups in our community 2. Facilitate partnerships which create and support a caring community

2) Promote wellbeing, through health, education, recreation and culture for a healthy, vibrant and fulfilling life for our community 7. Facilitate healthy lifestyles through participation by and in partnership with the

community in sports and cultural activities 8. Connect our communities through activities and events. Online technologies and

infrastructure. b. Delivery Program Cultural Services To promote and financially support cultural activities in the Shire and encourage civic pride c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications FINANCIAL MANAGEMENT – FEES AND CHARGES – Donations and requests to waive fees & charges: Because the request is greater than $250.00, the decision to provide the grant must be made by elected Council members. “Such requests will be considered in relation to Council priorities and budget constraints as they are not funded under this policy and are not within the delegation of the General Manager.” b. Financial Implications The balance of the Donation Budget is $6,700.00.

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c. Legislative Implications Nil d. Risk Implications Nil e. Other Implications Nil CONCLUSION The aims and objectives of Showstoppers is commendable and it is considered appropriate that initial seed funding is provided for this project. ATTACHMENTS

1 Showstoppers Performing Arts Company - Request to Waive Hire Fee - Old Court Theatre - 04/04/16

2 Showstoppers Performing Arts Company for People with Disabilities Inc - Application for Donation - Reimbursement of Council Fees and Charges or Venue Hire - Old Court Theatre Scone - Sponsorship Proposal - 15/04/16

RESOLVED that Council provide a one-off donation to Showstoppers Performing Arts Inc of $2,000 as seed funding for their production.

Moved: Cr L Watts Seconded: Cr D Peebles CARRIED

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ATTACHMENT NO: 1 - SHOWSTOPPERS PERFORMING ARTS COMPANY - REQUEST TO WAIVE HIRE FEE - OLD COURT THEATRE - 04/04/16

ITEM NO: G.05.2

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ITEM NO: G.05.2

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ATTACHMENT NO: 2 - SHOWSTOPPERS PERFORMING ARTS COMPANY FOR PEOPLE WITH DISABILITIES INC - APPLICATION FOR DONATION - REIMBURSEMENT OF COUNCIL FEES AND CHARGES OR VENUE HIRE - OLD COURT THEATRE SCONE - SPONSORSHIP PROPOSAL - 15/04/16

ITEM NO: G.05.2

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ATTACHMENT NO: 2 - SHOWSTOPPERS PERFORMING ARTS COMPANY FOR PEOPLE WITH DISABILITIES INC - APPLICATION FOR DONATION - REIMBURSEMENT OF COUNCIL FEES AND CHARGES OR VENUE HIRE - OLD COURT THEATRE SCONE - SPONSORSHIP PROPOSAL - 15/04/16

ITEM NO: G.05.2

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ATTACHMENT NO: 2 - SHOWSTOPPERS PERFORMING ARTS COMPANY FOR PEOPLE WITH DISABILITIES INC - APPLICATION FOR DONATION - REIMBURSEMENT OF COUNCIL FEES AND CHARGES OR VENUE HIRE - OLD COURT THEATRE SCONE - SPONSORSHIP PROPOSAL - 15/04/16

ITEM NO: G.05.2

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ATTACHMENT NO: 2 - SHOWSTOPPERS PERFORMING ARTS COMPANY FOR PEOPLE WITH DISABILITIES INC - APPLICATION FOR DONATION - REIMBURSEMENT OF COUNCIL FEES AND CHARGES OR VENUE HIRE - OLD COURT THEATRE SCONE - SPONSORSHIP PROPOSAL - 15/04/16

ITEM NO: G.05.2

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ATTACHMENT NO: 2 - SHOWSTOPPERS PERFORMING ARTS COMPANY FOR PEOPLE WITH DISABILITIES INC - APPLICATION FOR DONATION - REIMBURSEMENT OF COUNCIL FEES AND CHARGES OR VENUE HIRE - OLD COURT THEATRE SCONE - SPONSORSHIP PROPOSAL - 15/04/16

ITEM NO: G.05.2

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ATTACHMENT NO: 2 - SHOWSTOPPERS PERFORMING ARTS COMPANY FOR PEOPLE WITH DISABILITIES INC - APPLICATION FOR DONATION - REIMBURSEMENT OF COUNCIL FEES AND CHARGES OR VENUE HIRE - OLD COURT THEATRE SCONE - SPONSORSHIP PROPOSAL - 15/04/16

ITEM NO: G.05.2

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ATTACHMENT NO: 2 - SHOWSTOPPERS PERFORMING ARTS COMPANY FOR PEOPLE WITH DISABILITIES INC - APPLICATION FOR DONATION - REIMBURSEMENT OF COUNCIL FEES AND CHARGES OR VENUE HIRE - OLD COURT THEATRE SCONE - SPONSORSHIP PROPOSAL - 15/04/16

ITEM NO: G.05.2

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ATTACHMENT NO: 2 - SHOWSTOPPERS PERFORMING ARTS COMPANY FOR PEOPLE WITH DISABILITIES INC - APPLICATION FOR DONATION - REIMBURSEMENT OF COUNCIL FEES AND CHARGES OR VENUE HIRE - OLD COURT THEATRE SCONE - SPONSORSHIP PROPOSAL - 15/04/16

ITEM NO: G.05.2

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ATTACHMENT NO: 2 - SHOWSTOPPERS PERFORMING ARTS COMPANY FOR PEOPLE WITH DISABILITIES INC - APPLICATION FOR DONATION - REIMBURSEMENT OF COUNCIL FEES AND CHARGES OR VENUE HIRE - OLD COURT THEATRE SCONE - SPONSORSHIP PROPOSAL - 15/04/16

ITEM NO: G.05.2

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ATTACHMENT NO: 2 - SHOWSTOPPERS PERFORMING ARTS COMPANY FOR PEOPLE WITH DISABILITIES INC - APPLICATION FOR DONATION - REIMBURSEMENT OF COUNCIL FEES AND CHARGES OR VENUE HIRE - OLD COURT THEATRE SCONE - SPONSORSHIP PROPOSAL - 15/04/16

ITEM NO: G.05.2

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ATTACHMENT NO: 2 - SHOWSTOPPERS PERFORMING ARTS COMPANY FOR PEOPLE WITH DISABILITIES INC - APPLICATION FOR DONATION - REIMBURSEMENT OF COUNCIL FEES AND CHARGES OR VENUE HIRE - OLD COURT THEATRE SCONE - SPONSORSHIP PROPOSAL - 15/04/16

ITEM NO: G.05.2

Page 107 of 138 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 23 May 2016

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ATTACHMENT NO: 2 - SHOWSTOPPERS PERFORMING ARTS COMPANY FOR PEOPLE WITH DISABILITIES INC - APPLICATION FOR DONATION - REIMBURSEMENT OF COUNCIL FEES AND CHARGES OR VENUE HIRE - OLD COURT THEATRE SCONE - SPONSORSHIP PROPOSAL - 15/04/16

ITEM NO: G.05.2

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ATTACHMENT NO: 2 - SHOWSTOPPERS PERFORMING ARTS COMPANY FOR PEOPLE WITH DISABILITIES INC - APPLICATION FOR DONATION - REIMBURSEMENT OF COUNCIL FEES AND CHARGES OR VENUE HIRE - OLD COURT THEATRE SCONE - SPONSORSHIP PROPOSAL - 15/04/16

ITEM NO: G.05.2

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ATTACHMENT NO: 2 - SHOWSTOPPERS PERFORMING ARTS COMPANY FOR PEOPLE WITH DISABILITIES INC - APPLICATION FOR DONATION - REIMBURSEMENT OF COUNCIL FEES AND CHARGES OR VENUE HIRE - OLD COURT THEATRE SCONE - SPONSORSHIP PROPOSAL - 15/04/16

ITEM NO: G.05.2

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G.05.3 REQUEST TO WAIVE FEES - MERRIWA SPRINGTIME SHOW

RESPONSIBLE OFFICER: Steve Pryor - Director Corporate & Community Services

AUTHOR: Shinead Taylor - Governance & Executive Support Officer

PURPOSE This report will consider a request for the waiving of fees for use of the Merriwa Showground for the 2016 Merriwa Springtime Show.

RECOMMENDATION That Council provide a donation of $310 to the Merriwa Springtime Show, being the value of the fees applicable for the use of the Merriwa Showground between 16 & 18 September 2016.

BACKGROUND Council has provided assistance in the past to the Merriwa Springtime Show by providing use of Council’s facilities at no charge. A request has been made for the waiving of fees for the vent to be held 16-18 September 2016. REPORT/PROPOSAL An event will be held on the Merriwa Showground between 16 & 18 September 2016. The event attracts a large number of participants and spectators over the three days and is the only show in the Upper Hunter Shire Local Government Area. The event adds to the local economy. OPTIONS 1. Agree to provide a donation to the value of the fees chargeable. 2. Decline the request and charge the event as per the adopted fees and charges. CONSULTATION

Director Corporate and Community Services STRATEGIC LINKS a. Community Strategic Plan 2013+ SOCIAL 2) Promote wellbeing through health, education, recreation and culture for a healthy, vibrant and fulfilling life for our community. b. Delivery Program Facilitate partnerships which create and support a caring community. Facilitate healthy lifestyles through participation by and in partnership with the community

in sports and cultural activities.

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c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications The request fits within Council’s donation policy. b. Financial Implications The draft 2016/17 Delivery Program & Operational Plan has a Donations/Sponsorship budget of $24,000. Under the preferred option, the financial implications will be $310 which is available within the budget. c. Legislative Implications Nil d. Risk Implications All events require a risk evaluation to be undertaken prior to the event. e. Other Implications Nil CONCLUSION The recommendation is to provide a donation to the Merriwa Springtime Show to the value of fee payable for use of the Merriwa Showground between 16-28 September 2016. ATTACHMENTS

Nil.

RESOLVED that Council provide a donation of $310 to the Merriwa Springtime Show, being the value of the fees applicable for the use of the Merriwa Showground between 16 & 18 September 2016.

Moved: Cr R Campbell Seconded: Cr D Peebles CARRIED

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G.05.4 REQUEST FOR FINANCIAL ASSISTANCE - MUSWELLBROOK PHYSICAL CULTURE

RESPONSIBLE OFFICER: Steve Pryor - Director Corporate & Community Services

AUTHOR: Shinead Taylor - Governance & Executive Support Officer

PURPOSE The purpose of this report is to consider a request that has been received from Muswellbrook Physical Culture in regard to financial assistance for running classes at the Merriwa School of Arts.

RECOMMENDATION That Council not provide any financial assistance.

BACKGROUND A request has been received from Muswellbrook Physical Culture requesting that financial assistance be considered towards the cost of hall hire at the Merriwa School of Arts for conducting Physical Culture. In their letter they advised the group advised that in 2016 they are still offering Physical Culture classes in our 3 locations but are struggling financially to continue to offer 2 evenings of classes at Merriwa in particular. They have successfully restructured to continue their classes in Denman and Muswellbrook with slight changes to the schedule and reducing their overall expenditure. Muswellbrook Physical Culture said they are committed to Term One hall hire of the Merriwa School of Arts. As term 2 fast approaches, Merriwa members make up the majority of membership. Looking at hall hire for the entire year would come at a cost of approximately $2,400. REPORT/PROPOSAL Council introduced a half day fee for the School of Arts so that organisations did not have to pay a daily fee where they are only requiring use of the hall for shorter periods. The half day rate is $38 per day. It is considered that this fee is not unreasonable, especially for evening classes which require use of electricity. At present the Physical Culture is run at Merriwa School of Arts over two nights which would indicate that there are sufficient numbers of attendees to make this viable. OPTIONS 1. Not provide any further assistance. 2. Provide assistance through a reduced daily fee. 3. Provide assistance by a one off donation.

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CONSULTATION

Director Corporate & Community Services STRATEGIC LINKS a. Community Strategic Plan 2013+ SOCIAL 2) Promote wellbeing through health, education, recreation and culture for a healthy, vibrant and fulfilling life for our community. b. Delivery Program Facilitate healthy lifestyles through participation by and in partnership with the community in sports, cultural activities and active lifestyles. c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications Provision of a donation is outside of Council’s Donation Policy. b. Financial Implications Nil if no financial assistance is provided. c. Legislative Implications Nil d. Risk Implications Nil e. Other Implications Nil CONCLUSION It is recommended that no financial assistance is provided. ATTACHMENTS

1 Muswellbrook Physical Culture Request for Assistance

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RESOLVED that Council not provide any financial assistance.

Moved: Cr M Johnsen Seconded: Cr L Watts CARRIED

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

FOR AGAINSTCouncillor Bedggood Councillor Peebles Councillor Bishop Councillor Campbell Councillor Collison Councillor Driscoll Councillor Johnsen Councillor Watts Total (7) Total (1)

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ATTACHMENT NO: 1 - MUSWELLBROOK PHYSICAL CULTURE REQUEST FOR ASSISTANCE ITEM NO: G.05.4

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G.05.5 REQUEST FOR DONATION - BIG BOYS TOYS AND FAMILY DAY

RESPONSIBLE OFFICER: Steve Pryor - Director Corporate & Community Services

AUTHOR: Shinead Taylor - Governance & Executive Support Officer

PURPOSE A request has been made to Council to make a donation towards the Big Boys Toys and Family Day which is to be held on 3 September 2016 at Jefferson Park Aberdeen.

RECOMMENDATION That Council provide a donation to the value of $200 to the 2016 Big Boys Toys and Family Day.

BACKGROUND Aberdeen Lions Club has written to Council seeking a donation to the Big Boys Toys and Family Day which will be held on Saturday 3 September 2016 at Jefferson Park, Aberdeen. The running of the day will be a combined effort of Aberdeen Men’s Shed and Aberdeen Lions Club. REPORT/PROPOSAL The Big Boys Toys event has been running for a number of years through a variety of organisations in Aberdeen. This year’s event is being run by Aberdeen Lions Club and Aberdeen Men’s Shed. OPTIONS 1. Provide a donation to the recommended value. 2. Provide a donation to an alternate value. 3. Not provide a donation. CONSULTATION

Director Corporate & Community Services STRATEGIC LINKS a. Community Strategic Plan 2013+ SOCIAL 2) Promote wellbeing through health, education, recreation and culture for a healthy, vibrant and fulfilling life for our community. b. Delivery Program Facilitate partnerships which create and support a caring community.

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c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications The request fits within Council’s Donation Policy – 6(d). b. Financial Implications Funds are available under Council’s Donation budget. c. Legislative Implications Nil d. Risk Implications Appropriate Risk Assessments would be required for the event on Council property. e. Other Implications Nil CONCLUSION That Council provide a donation of $200 to the 2016 Big Boys Toys and Family Day. ATTACHMENTS

1 Aberdeen Men's Shed - Request for Financial Assistance - Big Boys Toys

RESOLVED that Council provide a donation to the value of $200 to the 2016 Big Boys Toys and Family Day.

Moved: Cr L Driscoll Seconded: Cr M Johnsen CARRIED

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ATTACHMENT NO: 1 - ABERDEEN MEN'S SHED - REQUEST FOR FINANCIAL ASSISTANCE - BIG BOYS TOYS

ITEM NO: G.05.5

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ATTACHMENT NO: 1 - ABERDEEN MEN'S SHED - REQUEST FOR FINANCIAL ASSISTANCE - BIG BOYS TOYS ITEM NO: G.05.5

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G.05.6 MURRURUNDI TRAIN FESTIVAL

RESPONSIBLE OFFICER: Steve Pryor - Director Corporate & Community Services

AUTHOR: Shinead Taylor - Governance & Executive Support Officer

PURPOSE The purpose of this report is for Council to consider providing financial assistance to Murrurundi Rotary Club for a Train Festival which is planned for 22-23 October 2016.

RECOMMENDATION That Council provide a donation of $200 to Murrurundi Rotary Club towards running the Murrurundi Train Festival from 22 to 23 October 2016.

BACKGROUND Murrurundi Rotary Club has written to Council requesting assistance towards an event that is planned for 22-23 October 2016. The event was first run in 2016 and Murrurundi Rotary Club are hoping that it becomes an annual event. REPORT/PROPOSAL Council’s S356 Donation Policy sets the guidelines for Council Officers to make recommendations to Council. There are two sections of the policy that relate to this request.

1) Section 6 (d) – Events that promote the Upper Hunter and the Upper Hunter Shire – sponsorship to the value of $200 per event per annum.

2) Section 6 (k) – Events and Festivals that promote towns – other small festivals ($1000). OPTIONS 1. Accept the recommendation as per Section 6 (d) of the policy for $200 2. Provide an alternated contribution as per Section 6 (k) of the policy for $1000 3. Provide an alternate contribution 4. Decline the request CONSULTATION

Director Corporate and Community Services General Manager

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

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ECONOMIC 5) Enhance economic and employment opportunities and promote growth for a sustainable, vibrant future. b. Delivery Program The following objectives are identified under Tourism and Area Promotion:

Assist localized marketing initiatives where consistent with the overall marketing strategy.

Develop and support local tourism product and experiences to encourage more time and money spent in the region.

c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications Council has a Donations Policy which was last adopted October 2014. This amount will be available under the policy for 2016/17. b. Financial Implications Funds could be made available either under the Tourism and Area Promotion budget or Donations budget for 2016/17 towards the event. c. Legislative Implications Nil d. Risk Implications Nil e. Other Implications Nil CONCLUSION The recommendation is to provide a donation to the Murrurundi Rotary Club to assist with the 2016 Murrurundi Train Festival. ATTACHMENTS

1 Murrurundi Rotary Club Inc - Sponsorship for Murrurundi Train Festival - 22 to 23/10/16 - 11/05/16

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RESOLVED that Council provide a donation of $200 to Murrurundi Rotary Club towards running the Murrurundi Train Festival from 22 to 23 October 2016.

Moved: Cr R Campbell Seconded: Cr M Collison CARRIED

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ATTACHMENT NO: 1 - MURRURUNDI ROTARY CLUB INC - SPONSORSHIP FOR MURRURUNDI TRAIN FESTIVAL - 22 TO 23/10/16 - 11/05/16

ITEM NO: G.05.6

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ATTACHMENT NO: 1 - MURRURUNDI ROTARY CLUB INC - SPONSORSHIP FOR MURRURUNDI TRAIN FESTIVAL - 22 TO 23/10/16 - 11/05/16

ITEM NO: G.05.6

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G.05.7 REQUEST FOR FINANCIAL ASSISTANCE - AQUA CLASSES

RESPONSIBLE OFFICER: Steve Pryor - Director Corporate & Community Services

AUTHOR: Shinead Taylor - Governance & Executive Support Officer

PURPOSE The purpose of this report is for Council to consider providing financial assistance to Ella Brotherton who runs aqua classes in the winter months for Upper Hunter Shire residents at Muswellbrook Pool.

RECOMMENDATION That Council not make a donation towards the running of Ella Brotherton’s winter aqua classes for 2016 as it falls outside of Council’s Donations Policy.

BACKGROUND Ella Brotherton has written to Council requesting financial assistance towards the running of aqua classes at Muswellbrook pool during the winter months. During the summer months aqua classes were run at Scone and Murrurundi. Many of the clients require specialized assistance and training in order for them to get their muscles moving. This area of personlised care is one of the major benefits of the instruction provided by Ms Brotherton. The classes at Murrurundi were conducted at the Council Pool until the end of the season and the classes in Scone were conducted at the Strathearn Park Lodge. To overcome the cooler weather and to provide comfortable sessions the classes have been transferred to the Muswellbrook indoor heated facility for the winter months. The weekly hire of the required lanes at the Muswellbrook facility equates to $120 per week. These lanes have been booked for 3 months with an option of another 3 months. Currently there are 50 Upper Hunter Shire residents that benefit from undertaking the sessions and the sessions will be relocated back to Scone and Murrurundi in the warmer months which is the preference of the clients. REPORT/PROPOSAL The request falls outside of Council’s Donation Policy and any assistance would need to be determined by Council as there are no guidelines in regard to this request. Council has identified in its Community Strategic Plan 2013+ and its long term financial plan, the construction of an indoor facility in Scone. The project is currently listed for 2023/24 to 2024/25 and subject to grant funding. OPTIONS 1. To not make a donation. 2. To seek further information or clarification. 3. To make a donation outside of Council’s policy.

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CONSULTATION

Director Corporate & Community Services General Manager

STRATEGIC LINKS a. Community Strategic Plan 2013+ SOCIAL 2) Promote wellbeing through health, education, recreation and culture for a healthy, vibrant and fulfilling life for our Community. b. Delivery Program To advocate for and promote access to services and facilities available within the Upper Hunter Shire Community for special target groups, as identified in the Social/Community Plan. c. Other Plans Social/Community Plan IMPLICATIONS a. Policy and Procedural Implications Council has a Donations Policy that was last adopted October 2014. This request falls outside of that policy. b. Financial Implications Council’s general donation amount is $200 and funds would be available within the 2015/16 Budget. The costs incurred in hire costs of the Muswellbrook Indoor Facility would be between $1440 and $2880 depending on the number of weeks the classes were run through the winter period. c. Legislative Implications Nil d. Risk Implications Nil e. Other Implications Nil CONCLUSION That Council consider the request for financial assistance.

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ATTACHMENTS

1 Ella Brotherton - Request for Financial Support / Donation to run Ellas Aqua - Aqua Classes at Scone and Murrurundi Pool during Summer - 04/05/16

RESOLVED that Council not make a donation towards the running of Ella Brotherton’s winter aqua classes for 2016 as it falls outside of Council’s Donations Policy.

Moved: Cr P Bishop Seconded: Cr L Driscoll CARRIED

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ATTACHMENT NO: 1 - ELLA BROTHERTON - REQUEST FOR FINANCIAL SUPPORT / DONATION TO RUN ELLAS AQUA - AQUA CLASSES AT SCONE AND MURRURUNDI POOL DURING SUMMER - 04/05/16

ITEM NO: G.05.7

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G.05.8 LGNSW - VOTING DELEGATES TO LOCAL GOVERNMENT & SHIRES ASSOCIATION

RESPONSIBLE OFFICER: Waid Crockett - General Manager

AUTHOR: Robyn Cox - Executive Assistant

PURPOSE The purpose of this report is to determine voting delegates to the Local Government and shires Association of NSW.

RECOMMENDATION That Council nominate the Mayor and Deputy Mayor as delegates to Local Government and Shires Association of NSW for the purpose of voting in the election of Board of Directors.

BACKGROUND Following the Board election held at its 2015 Annual Conference, the Local Government and Shires Association of NSW (the Association), asked the Australian Electoral Commission (AEC) to seek an Election Inquiry because an error caused a voting irregularity. On 29 March 2016 the Federal Court of Australia made an order declaring that the election of 13 persons on the Board of Directors of Association declared on 16 October 2015 void and each such person not to have been elected. The offices of President and Treasurer were unaffected, and the Court determined that three other directors were not impacted by the irregularity because of the size of their respective primary votes. The Fair Work Commission has directed the AEC to conduct a fresh election for the affected positions, and in accordance with the Court’s orders the election will be by secret postal ballot. REPORT/PROPOSAL Council is entitled to two (2) voting delegates and must provide the Association the name and postal address of each nominated delegate by 12.00 noon on Thursday, 2 June 2016. The nomination of voting delegates must be made by Ordinary Members of the Association. The delegates don’t need to be the same as those that attended the Conference in October 2015. It is suggested that the Mayor and Deputy Mayor are the approved voting delegates. OPTIONS 1. To nominate the Mayor and Deputy Mayor as delegates to the Association. 2. To nominate other Councillors as delegates to the Association. CONSULTATION

General Manager

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

26. Participate in and encourage regional and local alliances with other Councils, Government or non-government partners.

b. Delivery Program To provide community leadership and ensure efficient, effective local government within Council’s Vision/Mission/Charter and Community Strategic Objectives. c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications Nil b. Financial Implications Nil c. Legislative Implications Nil d. Risk Implications Nil e. Other Implications Nil CONCLUSION Council must provide the Association with nominated delegates by 12.00 noon on Thursday, 2 June 2016 and it is recommended that the Mayor and Deputy Mayor be the nominated delegates. ATTACHMENTS

1 Email from LGNSW - Election of Board of Directors

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Report To Ordinary Council Meeting 23 May 2016

General Manager's Unit

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RESOLVED that Council nominate the Mayor and Deputy Mayor as delegates to Local Government and Shires Association of NSW for the purpose of voting in the election of Board of Directors.

Moved: Cr M Collison Seconded: Cr P Bishop CARRIED

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ATTACHMENT NO: 1 - EMAIL FROM LGNSW - ELECTION OF BOARD OF DIRECTORS ITEM NO: G.05.8

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Report To Ordinary Council Meeting 23 May 2016

General Manager's Unit

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RESPONSES TO PREVIOUS QUESTIONS

RPQ.05.1 RESPONSES TO COUNCILLORS' QUESTIONS

RESPONSIBLE OFFICER: Waid Crockett - General Manager

AUTHOR: Robyn Cox - Executive Assistant

RECOMMENDATION That Council note the responses to last month’s Councillors’ questions. BACKGROUND At the Ordinary meeting of Council on 26 April 2016 the following questions were asked: Cr Ron Campbell Asked, after a complaint from a resident of Avocado Road about the deterioration of the road, that the road be inspected.

Response: The Director Infrastructure Services advised that the road will be inspected however no timeframe could be put on any works required to be carried out.

ATTACHMENTS

Nil.

RESOLVED that Council note the responses to last month’s Councillors’ questions.

Moved: Cr R Campbell Seconded: Cr M Johnsen CARRIED

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COUNCILLOR QUESTIONS Cr Deirdre Peebles 1. Requested leave of absence for the next month.

Response: Leave is approved.

Cr Ron Campbell 1. Asked about the accuracy of last week’s Works Schedule with regard to the maintenance

grading and re-sheeting of the following roads: Maintenance grading and re-sheeting areas Hunter Road Maintenance grading and re-sheeting areas Waverley Road Maintenance grading and re-sheeting areas Yarrandi Road then Turanville Road

Cr Campbell queried whether other roads in the Shire should have been included.

Response: The Director Infrastructure Services advised that he would take this question on notice.

2. Asked if staff have looked at the chevron signs on Bunnan Road near the Webimble Road

turn off. The signs have recently been installed at wide spacings. Can additional chevrons be installed?

Response: The Director Infrastructure Services advised that they were looked at today.

He will get some technical advice about maximum distance between the signs.

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CLOSED COUNCIL RESOLVED that Council move into Closed Council with the press and public excluded in accordance with Section 10(2)(c) of the Local Government Act 1993.

Moved: Cr M Johnsen Seconded: Cr D Peebles CARRIED

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Report To Confidential Ordinary Council Meeting 23 May 2016

Environmental & Customer Services

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CONFIDENTIAL REPORTS

CR.05.1 REQUEST FOR CONTRIBUTION

RESPONSIBLE OFFICER: Waid Crockett - General Manager

AUTHOR: Mathew Pringle - Director Environmental & Customer Services

This matter is considered to be confidential under Section 10A(2) (b) of the Local Government Act, as it deals with the personal hardship of any resident or ratepayer.

PURPOSE The purpose of this report is to consider a request for a contribution from Council towards the cost of relocating a dwelling. RESOLVED that Council adopt the recommendations as outlined in the confidential report.

Moved: Cr D Peebles Seconded: Cr R Campbell CARRIED

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Report To Confidential Ordinary Council Meeting 23 May 2016

Mayoral Minute

Page 138 of 138 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 23 May 2016

CR.05.2 CONTRACT OF EMPLOYMENT

RESPONSIBLE OFFICER: Wayne Bedggood - Mayor

AUTHOR: Wayne Bedggood - Mayor

This matter is considered to be confidential under Section 10A(2) (a) of the Local Government Act, as it deals with personnel matters concerning particular individuals.

PURPOSE The purpose of this report is to consider the renewal of the General Manager’s Contract for a further 5 years from 1 June 2016. RESOLVED that Council adopt the recommendations as outlined in the confidential report.

Moved: Cr R Campbell Seconded: Cr P Bishop CARRIED The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

FOR AGAINST Councillor Bedggood Councillor Watts Councillor Bishop Councillor Campbell Councillor Collison Councillor Driscoll Councillor Johnsen Councillor Peebles Total (7) Total (1)

RETURN TO OPEN MEETING RESOLVED that the meeting move back into Open Council.

Moved: Cr M Johnsen Seconded: Cr D Peebles CARRIED THERE BEING NO FURTHER BUSINESS THE MEETING CLOSED AT 6.10PM.