Minutes of Meeting of Singleton Council

2. Director Assets and Facilities Report DA&F23/10

DA&F23/10 Minutes of the Local Traffic Committee Meeting - April 2010 FILE:00/0002-3

126/10

RESOLVED that the Minutes of the Local Traffic Committee Meeting be deferred.

(McNamara/Rogers)

PUBLIC ACCESS SESSION

The following item was bought forward for Public Access:

Director Planning and Regulations Report DP&R30/10;
Director Business Support Report DBS57/10

Director Planning and Regulations DP&R30/10

DP&R30/10 Proposed Warkworth Mine Extension Project & Modification to the Hunter Valley South Project Consent FILE:M6-6

Public Access was granted to the following persons who addressed the meeting:

o Mr John Krey, representing Bulga Milbrodale Progress Association - Objector

o Mrs Carol Russell, Concerned Resident

o Mr John Thomson, on behalf of Hunter Valley Protection Alliances – Objector

o Mr Phil Holz, Objector

Coal & Allied have lodged two applications with the NSW Department of Planning seeking the Minister of Planning’s consent to extend the Warkworth Mine to the west, involving the possible closure of Wallaby Scrub Road, and to modify the Hunter Valley South Project consent to allow the Archerfield Biodiversity Enhancement Area to be used as part of the Northern Biodiversity Offset Area for the proposed Warkworth Extension.

Both proposals have been publically exhibited by the Department of Planning and any community submissions have been made directly to the Department.

The report provided an overview of the likely environmental impacts arising from both proposals and where appropriate raises issues of concern, particularly local community and infrastructure impacts. The issues arise from the following areas of impact:

· Biodiversity/Ecology

· Air Quality

· Visual Amenity

· Traffic and Transport – Wallaby Scrub Road

The report together with other issues raised by the Council will become Singleton Council’s submission to the Department of Planning.

127/10

MOVED Cr Howlett SECONDED Cr MacBain that:

1. Council not support the proposal as set out by proponent and forward its objections to NSW Department of Planning to the Part 3 Application DA092020, Proposed Warkworth Mine Extension Project and Modification to Hunter Valley South Project, and support the report and include the following:

2. Hunter Valley Operations South modification

(1) Council opposes the loss of total 764 ha of Endangered Ecological Communities including the Warkworth Sands Woodland to be offset in the main by a Biodiversity conservation area on the Goulburn River near Merriwa is unsuitable and inappropriate.

(2) As an offset Biodiversity area this land will not conserve the biological diversity and ecological integrity of the exact locality where losses are incurred and have net benefits transferred to another locality.

3. Local Environmental Impact Biodiversity

(1) Council oppose a mining expansion which would transverse through an area which under the 2003 consent was given a Ministerial guarantee to be a Non Open Cut Mining Area and was to be set aside as a conservation area “in perpetuity”.

(2) Council requires that the part of the mine extension area known as Non Disturbance Area 1 was guaranteed in 2003 by a Ministerial Deed of Agreement to be permanently excluded from open cut mining. Warkworth Mining Limited was to have approached Singleton Council to have the land rezoned as a Conservation area and an amendment to the Singleton LEP made accordingly. This has not occurred and is to be done as a matter of urgency.

(3) Council further opposes the proponent’s proposal for the Warkworth Sands Woodlands as set out in the EA as despite the proponent’s best endeavours and University of New England research there is no guarantee and the unique Warkworth Sands Woodlands could be lost forever.

4. Air Quality:

1. Council looks to a full and independent health study being investigated by the NSW Department of Health and completed for the people of the Singleton LGA, prior to any further large scale development being considered under Part 3A of the EP&A Act 1979.

2. Council requires that an integrated modelling and assessment impact on the areas of Bulga, Jerrys Plains, Broke and Warkworth by dust noise and biodiversity issues such as recently requested by NSW Planning for Integra, Ashton and Ravensworth for all large developments including but restricted to coal mining, power generation, geothermal and gas exploration or drilling.

5. Traffic and Transport – Support the Report and include Singleton Council resolves to maintain the status of Wallaby Scrub Road in its present location for its historical and heritage value. Further Council is committed to protect Wallaby Scrub Road from any development which may seek to degrade, destroy or relocate it.

An AMENDMENT was MOVED Cr McNamara SECONDED Cr Gallagher that:

3. Hunter Valley Operations South modification

4. Local Environmental Impact Biodiversity

4. Air Quality:

2. Council requires that an integrated modelling and assessment impact of dust, noise and biodiversity issues on the areas of Bulga, Jerrys Plains, Broke and Warkworth such as recently requested by NSW Planning for Integra, Ashton and Ravensworth be implemented for the Warkworth Mt Thorley Expansion towards Bulga.

6. Traffic and Transport – Support the Report and include Singleton Council resolves to maintain the status of Wallaby Scrub Road in its present location for its historical and heritage value. Further Council is committed to protect Wallaby Scrub Road from any development which may seek to degrade, destroy or relocate it.

The AMENDMENT was PUT and LOST and the MOTION was PUT and CARRIED.

Upon being put to the meeting, the motion was declared carried.

For the Motion were Councillors Moore, Martin, Scott, Howlett, McNamara, Adamthwaite, Harvison, MacBain, Gallagher, Nichols, Smith and Rogers Total (12).

Director Business Support Report DBS57/10

Having declared a Non-Pecuniary Interest in this item, Cr Martin retired from the meeting at 7.15pm.

Cr Nichols retired from the meeting at 7.16pm and returned at 7.20pm.

DBS57/10 Request by Ourcare Services Inc for rental relief on premises in Bathurst Street Singleton FILE:10/0012

Public Access was granted to the following persons who addressed the meeting:

Mr Barry Bartrop, President Board of Directors, Ourcare Services Inc.

Ms Lesleigh Addie, General Manager, Ourcare Services Inc.

Ourcare Services has requested Council waive its annual rental payment of approximately $46,000 and renegotiate the current lease over its premises, in Bathurst Street Singleton, in twelve months. Ourcare Services is making this request in order to assist in generating up to $200,000 it advises is needed to undertake additional works on the upper level of the building. The report recommended declining the request. The current rental amount was agreed by both parties and includes a discount of more than 50% on the commercial rental value of the property.

128/10

RESOLVED that Council defer the report for a period of four weeks until mediation between Council and Ourcare Services can be held with a view to achieving a resolution between the parties.

(Rogers/Smith)

Cr Martin returned to the meeting at 7.33pm.

Director Planning and Regulations Report DP&R29/10

DP&R29/10 DA107/2010 - Erect a Residential Dwelling - 165 McMahon Way, Singleton Heights FILE:DA107/2010

Public Access was granted to the following persons who addressed the meeting:

Mr Terry Adam, Objector

Applicant: Clarendon Homes (NSW) Pty Ltd

Owner: Mr S & Mrs J A Horridge

Land and Location: Lot 1796 DP 1129166, 165 McMahon Way, Singleton Heights

Zoning: Residential (2)

Proposal: Erect a Residential Dwelling

Date of Application: 5 May 2010

An application has been received by Council to construct a two storey dwelling on Lot 1796 DP 1129166, 165 McMahon Way, Singleton Heights. Following the issue of notifications to adjoining owners, one (1) objection in confidence was received.

The objection relates to non-compliance with Singleton Development Control Plan (DCP) with regard to boundary set backs together with concerns of overshadowing with the lack of sunshine having a perceived affect on moss and mould growth and detrimental effects on health.

129/10

RESOLVED that Council defer the matter pending an inspection of the site.

(Rogers/Smith)

Upon being put to the meeting, the motion was declared carried.

For the Motion were Councillors Moore, Martin, Scott, Howlett, McNamara, Adamthwaite, Harvison, MacBain, Gallagher, Nichols, Smith and Rogers Total (12).

General Manager's Report GM24/10

GM24/10 Community Strategic Plan and Delivery Program FILE:10/0156

In November 2009 Council advised the Division of Local Government that 30 June, 2011 was the nominated date for implementation of the new framework for the Community Strategic Plan. Given the organisational review, the forthcoming business unit review and the recent senior staff appointments it is apparent that the date of 30 June, 2011 will not be practical to achieve. The alternative date of 30 June, 2012 is now the more realistic date and is recommended to Council.

130/10

RESOLVED that Council seek approval from the Division of Local Government to alter the date of the adoption and implementation of the Community Strategic Plan from 30 June, 2011 to 30 June, 2012.

(Harvison/Gallagher)

General Manager's Report GM25/10

GM25/10 Local Government Remuneration Tribunal FILE:01/0177

The Local Government Remuneration Tribunal has concluded its review for the year 2010/11 and determined that an increase in fees of 3.0% for Mayors and Councillors is appropriate.

The increases are effective from 1 July, 2010 and the minimum and maximum fees per annum for Council are as follows:-

Year	Mayor		Year	Councillors
	Minimum	Maximum		Minimum	Maximum
2010/11	$7,700	$20,890	2010/11	$7,250	$9,570
2009/10	$7,480	$20,280	2009/10	$7,040	$9,290

The Mayor and Councillors were paid the maximum fees for 2009/10.

The Councillor fee is paid to the Mayor in addition to the Mayoral allowance.

The 2010/11 Draft Budget made provision for a 3.0% increase in fees and payment of the maximum fees.

131/10

RESOLVED that Council pay the maximum fees to the Mayor and Councillors for the 2010/11 year commencing on 1 July, 2010.

(Gallagher/Howlett)

Director Assets and Facilities Report DA&F23/10

DA&F23/10 Minutes of the Local Traffic Committee Meeting - April 2010 FILE:00/0002-3

This matter was withdrawn earlier in the meeting.

Director Business Support Report DBS56/10

DBS56/10 Adoption Draft Management Plan 2010/11 - 2013/14 FILE:02/0208-3

Council at its Ordinary Council Meeting held on 3 May 2010 in considering the 2010/11 to 2013/14 Draft Management Plan (DMP) resolved that:

“1. Council adopt the 2010/2011 – 2013/2014 Draft Management Plan for public exhibition.

2. In accordance with Section 405 of the 1993 Local Government Act, Council place on public exhibition its 2010/11 to 2013/14 Draft Management Plan from Friday 7 May 2010 to 4.30 pm on Friday 4 June 2010.

3. The Draft Management Plan be exhibited in the Customer Service Centre of the Council Administration Building, in the Library and on Council’s Web page for the period of exhibition.

4. Council advertise in the Singleton Argus that the Draft Management Plan is on public exhibition and invite public comment on the Plan.”

In accordance with the above resolution, the DMP was placed on public exhibition from Friday 7 May 2010 to Friday 4 June 2010. The exhibition period has closed and the Draft Management Plan for 2010/11 to 2013/14 was presented for adoption.

132/10

RESOLVED that Council:

1. make the following rates for 2010/11

Rate Type	Category	Sub-Category	Ad Valorem Amount Cents in $	Base/Min Amount		Rate Yield $’000
Rate Type	Category	Sub-Category	Ad Valorem Amount Cents in $	$	% of Total Rate	Rate Yield $’000
Ordinary	Residential	Singleton	0.3860	$170.30	26.63%	3,316
Ordinary	Residential	Rural Residential	0.3667	$163.45	16.60%	813
Ordinary	Residential	Village	0.3252	$163.45	35.44%	147
Ordinary	Residential	Ordinary	0.2007	$176.40	26.25%	801
Ordinary	Business	Singleton	0.5328	$188.50	12.10%	799
Ordinary	Business	Mount Thorley	0.5328	$188.50	11.22%	156
Ordinary	Business	Village	0.5328	$188.50	24.98%	25
Ordinary	Business	Ordinary	0.2131	$188.50	20.34%	145
Ordinary	Farmland	Ordinary	0.1964	$154.80	14.85%	1,869
Ordinary	Mining	Coal	3.7996			3,752
Ordinary	Mining	Coal Rights	0.4464			0
					Total Yield	11,823

2. adopt the 2010/11 – 2013/14 Management Plan as tabled.

(McNamara/MacBain)

Director Business Support Report DBS57/10

DBS57/10 Request by Ourcare Services Inc for rental relief on premises in Bathurst Street Singleton FILE:10/0012

This matter was heard earlier in the meeting during Public Access.

Director Planning and Regulations Report DP&R30/10

DP&R30/10 Proposed Warkworth Mine Extension Project & Modification to the Hunter Valley South Project Consent FILE:M6-6

This matter was heard earlier in the meeting during Public Access.

Director Organisation Performance Report DOP2/10

DOP2/10 Internal Audit Committee - Community Representatives FILE:07/0097

Following a call for Expressions of Interest in the local newspaper, and a review of interested persons, 2 candidates have been recommended for inclusion in the Internal Audit Committee as Community representatives.

135/10

RESOLVED that Council appoint Gerard McMillan and John Bennetts to act as Community Representatives on the Internal Audit Committee for a period of 3 years from date of appointment.

(Gallagher/Howlett)

General Manager's Report GM26/10

GM26/10 LGSA Conference Report - Cr Rogers FILE:07/0014

Cr Rogers provided a report on the Local Government and Shires Association Conference she recently attended.

NOTED

Director Business Support Report DBS59/10

DBS59/10 Meeting Dates to Note FILE:06/0059

Following are the meeting dates to Note:

Monday, 28 June, 2010	5.30pm	Councillor Professional Development Program
Monday, 5 July, 2010	5.30pm	Council Meeting
Monday, 19 July, 2010	5.30pm	Council Meeting

NOTED

Director Business Support Report DBS60/10

DBS60/10 Monthly Investments FILE:02/0208-3

In accordance with Section 212 of the Local Government (General) Regulation 2005, the following funds are invested under Section 625 of the Local Government Act 1993 as at 31 May 2010.

The table below highlights the performance of Council’s total investment portfolio for the period ending 31 May 2010.

Certification by the Responsible Accounting Officer:

In accordance with Paragraph 212(1)(b) of the Local Government (General) Regulation, the investments listed in this report have been made in accordance with:

i) the Local Government Act

ii) the Regulations, and

iii) Council’s Investment Policy.

Details were provided of Council’s Investments Statistics for the month which details Council’s Monthly Investment History, Monthly Investment Revenue Earned compared with the Current Budget Allocation, Council’s Weighted Average Return which has been benchmarked to the Bank Bill Index and a summary of Council’s Investment Portfolio by Credit Rating.

NOTED

Director Business Support Report DBS61/10

DBS61/10 Singleton Gym & Swim Advisory Committee Meeting FILE:08/0034

The minutes and financial reports for the Singleton Gym & Swim Advisory Committee Meeting held on Wednesday 5^th May, 2010, were circulated.

NOTED

THE MEETING CLOSED AT 8.13pm.

………………………………………………….

Chairperson of the Meeting of the Singleton Council held on 5 July, 2010, at which meeting the signature was subscribed.

SINGLETON COUNCIL	Council Meeting - 21 June 2010