Agenda of Ordinary Meeting

ITEM 1 - APPLICATIONS FOR LEAVE OF ABSENCE

REPORT IN BRIEF

Reason For Report	To allow tendering of apologies for Councillors not present.
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	GOVERNANCE - Procedural
Annexures	Nil
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 164522

General Manager's REPORT

A call for apologies is to be made.

Recommendation

THAT any apologies tendered be accepted and the necessary leave of absence be granted.

ITEM 2 - DECLARATIONS OF INTEREST

REPORT IN BRIEF

Reason For Report	To allow an opportunity for councillors to declare an interest in any items to be determined at this meeting.
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	GOVERNANCE - Procedural
Annexures	Nil
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 164505

General Manager's REPORT

A call for declarations of interest.

Recommendation

THAT the Declarations of Interest be noted.

ITEM 3 - DECLARATIONS OF POLITICAL DONATIONS

REPORT IN BRIEF

Reason For Report	To allow an opportunity for councillors to declare any political donations received.
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	GOVERNANCE - Procedural
Annexures	Nil
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 164509

General Manager's REPORT

A call for Political Donations.

Recommendation

THAT any Political Donations be noted.

ITEM 4 - MAYORAL MINUTE

REPORT IN BRIEF

Reason For Report	To allow consideration of the Mayoral Minute plus Other Councillors' Reports.
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	Governance
Annexures	Nil
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 164515

General Manager's REPORT

A call for the Mayoral Minute to be read out as well as other Councillors’ Reports.

Recommendation

THAT the Mayoral Minute be adopted.

ITEM 5 - CONFIRMATION OF THE MINUTES

REPORT IN BRIEF

Reason For Report	Adoption of Minutes
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	GOVERNANCE - Procedural
Annexures	1. February 15 2010 Ordinary Council Minutes
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 164403

General Manager's REPORT

The following minutes are attached for endorsement.

1. Minutes of the Ordinary Council meeting held on 15 February, 2010

Recommendation

THAT the minutes of the Ordinary Meeting held on 15 February 2010 be adopted.

ITEM 6 - BUSINESS PAPER ITEMS FOR NOTING

REPORT IN BRIEF

File Number	164539
Reason For Report	Provides an opportunity for Councillors to call items for noting for discussion and recommends remainder to be noted.
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	Administration
Annexures	Nil

General Manager's REPORT

In the second part of Council’s Business Paper are items included for Council’s information.

In accordance with Council’s format for its Business Paper, Councillors wishing to discuss any item are requested to call that item.

Recommendation

THAT:

1. Councillors call any items they wish to further consider.

2. The balance of the items be noted.

ITEM 7 - APRIL 2010 COMMITTEE MEETINGS

REPORT IN BRIEF

Reason For Report	Confirming arrangements for April Committee meetings, inspections and workshop
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	Governance
Annexures	Nil
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 166406

General Manager's REPORT

As previously advised, the April Committee meetings will be held in Canowindra at the Ex Services Club. Meetings will commence at 9.30am and, as resolved at Council’s February meeting, will be followed by an extraordinary meeting to consider the SWS concept in conjunction with the Kleem report.

It is proposed that local inspections of some of the key issues in Canowindra, as identified by Councillors, be undertaken prior to the Committee meetings. It is therefore suggested that Councillors meet in Canowindra at 8.30am.

A Finance Workshop similar to that held last year is also on the day’s agenda. Councillors will recall that this workshop proved to be a very beneficial exercise in the lead up to Council’s budget preparations.

A food tasting luncheon will be provided by Home & Community Care giving Councillors the opportunity to experience the tastes and textures of the meals delivered to the HACC clients.

Recommendation

THAT Council confirm the arrangements for local inspections, Committee and Extraordinary meetings and Finance Workshop in Canowindra on 6 April 2010.

ITEM 8 - AUSTRALIA WIDE RURAL LOBBY GROUP

REPORT IN BRIEF

Reason For Report	Reporting on possible formation of an Australia wide Rural Lobby Group.
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	Government Relations
Annexures	Nil
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174691

Director of Finance and Corporate Services' REPORT

An invitation has been received from the Mayors of Gwydir Shire and Moree Plains Shire for Council to be represented at a forum to be held at the Rydges Capital Hill Canberra on Monday 15 March to form a cooperative of rural based like minded Councils.

The invitation has been extended to all local government areas where the gross value of their agricultural activity exceeded $100M in the 2006/07 year. Cabonne has been invited to join on the basis of agricultural production to the value of $133.8M.

Once established, the group would initially strive to encourage the Federal Government to allocate additional money to a ‘Productive Local Roads Program’.

At this stage no charges for members have been indicated and although Council is unable to attend the initial forum it may be beneficial for Council to express interest in joining the group. This would enable further details to be obtained as well as the outcome of the forum.

Recommendation

THAT Council express an interest in joining the Australia Wide Rural Lobby Group and seek further information on the outcome of the forum held on 15 March 2010.

ITEM 9 - CORPORATE SERVICES POLICIES

REPORT IN BRIEF

Reason For Report	Report on review of Corporate Services Policies.
Policy Implications	yes
Budget Implications	Nil
Area of Responsibility	Corporate Services
Annexures	Nil
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174692

Director of Finance and Corporate Services' REPORT

Council, as part of its overall review of its policy manual, requested that a number of policies be reviewed and their ongoing requirement for maintaining such policies be investigated.

To date the following policies have been reviewed, with the suggested action as outlines beside them.

POLICY	ACTION
Rates – Supplementary Levy Quarterly Due Dates	Covered by legislation. Policy not required – delete.
Rating - Farmland	Policy still required with amendment. The words “upon application” should be deleted from the policy.
Water Charges - Hospitals	Replaced by User Pays Water. No longer required – delete.
Hazard Reduction Certificates	Now covered by Service Level Agreements – delete.
Portable Equipment	Now covered by Rural Fire Service policy – delete.
Preventative Burning	Now covered by Service Level Agreement – delete.
Rural Fire Brigade Constitution	Covered by Rural Fire Service policy – delete.
Ward Structure	To be reviewed in September 2010. Current policy should be deleted pending review.
Interview Expenses	No longer an industry standard procedure – delete.
Customer Service Policy	No changes required.
Protected Disclosure Policy	The Corporate Development Manager should be deleted from the list of nominated Disclosure Officers.

Recommendation

THAT the actions as outlined above be adopted in relation to Council’s Policy Manual.

ITEM 10 - Rescission Motion - Ophir Reserve

REPORT IN BRIEF

Reason For Report	Council to consider the Rescission Motion re Ophir Reserve
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	Governance
Annexures	Nil
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174846

DIRECTOR OF FINANCE & CORPORATE SERVICES’ REPORT

A Notice of Rescission Motion has been received, duly signed by Clrs Duffy, Culverson & Farr.

The Rescission Motion reads:

“We the undersigned wish to rescind the following Motion carried at the Ordinary meeting of Cabonne Council held on 15 February 2010. ITEM 24 – OPHIR RESERVE - IMPROVEMENTS TO CAUSEWAY

MOTION (Wilcox/Bleakley)

THAT all interested parties, including but not limited to Departments of Land and Fisheries, Ophir Trust, Cabonne Heritage Committee, Orange City Council and Cabonne Council representatives be invited to a forum to discuss their interest and possible funding opportunities with a view to development of and “Ophir Strategic Plan” for the next 5-10 years which all parties can work towards to be held by 30 June 2010.

10/02/10 Carried.

……………………… ………………………… …….………………..

Kevin Duffy John Farr Janelle Culverson”

In order for Council to consider the Motion on the day it will have to be moved and seconded.

Recommendation

THAT the Rescission Motion be received.

ITEM 11 - Water Briefing

REPORT IN BRIEF

Reason For Report	Report on briefing by Orange City Council
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	Government Relations
Annexures	Nil
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174870

Director of Finance and Corporate Services' REPORT

On 25 February, 2010 the Mayor, Clr Farr (as Chairperson of Central Tablelands Water) and Council’s Director of Finance & Corporate Services received a briefing from the Mayor and General Manager of Orange City Council in relation to their proposal for a pipeline to the Macquarie River to alleviate water storages.

Orange Council indicated that its current supply was at 24% and that on current draw downs, within 20 weeks the city could be on level 6 water restrictions. The Orange Council representatives indicated that the Macquarie pipeline was the preferred emergency method to alleviate the possible need for level 6 restrictions in the short term. It was also indicated that the proposal would have no impact on the Lake Rowlands proposal as it was a longer term project as part of the overall CENTROC water strategy.

The proposal would be for the Council to seek approval from the Minister under Part 3A of the Act for essential infrastructure with Orange seeking Council’s support for the project which would involve the pipeline crossing the Cabonne Council area. The matter was also discussed at the WBC Board meeting held on 3 March in Blayney and was considered to be a priority at that meeting.

Recommendation

THAT Council:

1. Accept and note the report and agree in principle to supporting Orange City Council’s Part 3A application for an emergency pipeline to the Macquarie River.

2. Assist Orange City Council where available and applicable.

3. Write a letter of support to Orange City Council for their Macquarie River Emergency Pipeline Project.

ITEM 12 - LARRAS LEE AIRSTRIP

REPORT IN BRIEF

Reason For Report	The NSW Rural Fire Service Canobolas Zone have written to Council with a further update in relation to their Larras Lee Airstrip Proposal.
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	Emergency Services
Annexures	Nil
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174875

Director of Finance and Corporate Services' REPORT

The NSW Rural Fire Service Canobolas Zone have written to Council with a further update in relation to their Larras Lee Airstrip Proposal. The original proposal was for 11 brigades to contribute $31,000 from their section 94 funds which has now been increased to 34 brigades and the service requesting $94,961 from section 94 funds with brigade donations of $5,181 and donations from Country Energy of $25,000 and Forest NSW fuel donation to the value of $20,000.

Section 94 funds are based on a levy on development and have been done on a brigade to brigade area as they are required to show a nexus between funds being spent and the area from which they are raised. The funds are Council’s responsibility and not the individual Brigades or RFS.

While the airport could be proven to have a nexus to the original 11 brigades outlined by that amount and the remaining 23 brigades may gather some benefit from the proposed airstrip however in some areas such as Eulimore or Cheeseman Creek Brigade areas it could be difficult for Council to establish that a nexus does in fact exist.

The Canobolas Zone has also provided a letter of agreement from the owner of the land allowing the airport to be used for fire fighting purposes for a 30 year period commencing 1 February 2010.

Recommendation

THAT Council write to the Canobolas Zone of the NSW Rural Fire Service advising that it is unable to establish a nexus for the section 94 funds to be released other than from the 11 brigades originally indicated by the zone.

ITEM 13 - WALUWIN COMMUNITY CENTRE

REPORT IN BRIEF

Reason For Report	Report on outstanding issues
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	Council Properties
Annexures	Nil
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174877

Director of Finance and Corporate Services' REPORT

Council at its February meeting resolved that “a report on outstanding issues for the Waluwin Centre be submitted to the next Council meeting.”

A lease has been put in place between Council and the Health Administration Corporation on behalf of Greater Western Area Health Service (GWAHS) for a 40 year period with a 40 year option. The lease provides for a “Centre Governance Committee” to be established by Council including representatives of all lessees/occupiers within the building to provide advice to the lessor on but not limited to the efficient management and operation of the building including the preparation of annual budgets.

To date the building has been occupied by GWAHS under the lease agreement as well as a General Practitioner and Practice Nurses through General Practice Solutions a not for profit entity established by the Division of General Practice and Family Day Care. A number of other primary health care initiatives are being funded through the Division of General Practice in the other rooms.

To date a s355 Committee to act as the “Centre Governance Committee” has not been established due to uncertainty as to who the “other occupiers” of the building will be. Correspondence has been forwarded to the Health Administration Corporation seeking their advice as to who their representative on that Committee will be.

In the interim outstanding matters in relation to the building have been dealt with by the Project Planning Team established to oversee the project during the planning and construction period consisting of representatives of Council, the Central West Division of General Practice and GWAHS.

Recommendation

THAT Council discuss issues in relation to the Waluwin Centre as outlined in the report.

ITEM 14 - Change to Housing Loan Policy

REPORT IN BRIEF

Reason For Report	To amend the Housing Loan Policy
Policy Implications	Yes
Budget Implications	N/A
Area of Responsibility	Finance & Corporate Services
Annexures	Nil
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 167021

Finance Manager's REPORT

Council’s current policy in regards to Housing Loans states that:

“Council continue to impose an additional one percent (1%) interest on the Local Government borrowing rate applicable together with a Management Fee per half year in respect of each advance made, subject to review should there be a dramatic increase in interest rates. The Management Fee is detailed in the Mortgage Document.”

The Local Government borrowing rate (advised by NSW Treasury Corporation) is no longer available; this has been confirmed with the Department of Local Government. There is a comparable rate available which is advertised in The Australian Financial Review called Indicative Borrowing Rates-Borrowed by General Co Operatives (advised by Department of Treasury & Finance Victoria).

Recommendation

THAT Council’s Housing Loan policy be amended to read:

“Council continue to impose an additional one percent (1%) interest on the Indicative Borrowing Rates-Borrowed by General Co Operatives (as advised in The Australian Financial Review) applicable together with a Management Fee per half year in respect of each advance made, subject to review should there be a dramatic increase in interest rates. The Management Fee is to be detailed in the Mortgage Document.”

ITEM 15 - ASSESSMENT 2749.02000.0 RATES WRITE OFF

REPORT IN BRIEF

Reason For Report	To seek Council resolution to write off rates on Assessment 2749.02000.0
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	Rates and Valuations
Annexures	Nil
File Number	\My Workspace\Business Paper Report Directory\Closed - 166682

Senior Rates Officer's REPORT

The subject assessment is for a leased area that had been incorrectly created and Council was obliged to levy rates.

A sale had taken place in 2001 for the subject leased land and adjoining freehold land which was held as one rate assessment at the time. The transfer of the lease from a previous owner was never registered on the title making it unable to be transferred with the adjoining land when the sale took place.

The Valuer General’s office then cancelled the valuation and created a new valuation for the freehold land and the leased land. The lease, being unable to be transferred, was relinquished in 2001 but the Valuer General had issued the valuation to Council in the previous owner’s name which generated rates since 2003.

This matter has been very drawn out waiting for the Lands Office to correct the lease details and also the Valuer General to cancel the valuation. This has now been finalised and approval is sought to write off the rates and interest that has accrued during this period.

Recommendation

THAT rates and charges of $3138.63 and interest currently at $955.73 be written off.

ITEM 16 - POLICY DATABASE - RECORDS MANAGEMENT POLICY

REPORT IN BRIEF

Reason For Report	To provide reviewed policy for adoption by Council
Policy Implications	Yes - will become Council's Records Management Policy
Budget Implications	Nil
Area of Responsibility	Policy
Annexures	1. Draft Records Management Policy
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174004

Administration Manager's REPORT

In keeping with Council’s review of its Policy Database a revised Records Management Policy (draft copy attached) was identified as having to be revised by Council’s Administration Manager and be resubmitted to Council for adoption.

Recommendation

THAT Council adopt the annexed draft Records Management Policy.

ITEM 17 - POLICY DATABASE - AUSTRALIA DAY OFFICIAL PARTY TIMETABLE POLICY

REPORT IN BRIEF

Reason For Report	To provide options for developing a Australia Day Official Party Timetable Policy for adoption by Council
Policy Implications	Yes - will become Council's Policy
Budget Implications	Nil
Area of Responsibility	Policy
Annexures	Nil
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174070

Administration Manager's REPORT

In keeping with Council’s review of its Policy Database a revised Australia Day Official Party Timetable Policy was identified as having to be revised by Council’s Administration Manager and be resubmitted to Council for adoption.

Discussion on options for developing a policy involved advice from Council’s Promotion & Tourism Officer who attends the Australia Day celebrations with the ‘Official Party’, comprising the Australia Day Ambassador, Youth Ambassador and Mayor, each year; and from the Administration Officer who attended the 2010 event. It is noted that at the Policy workshops it was requested by Councillors that Mullion Creek be added to the timetable.

Background

Visits by the Official Party have been on an alternating basis with some locations visited in one year and others on the alternate year.

Details of the 2010 Official Party timetable are as follows:-

Cumnock	8:00am	Function in front of the Bowling Club – BBQ breakfast including fruit, cereal, sausages & eggs and damper. Award presentations.
Cargo	10:00am	Morning Tea at the Village Green, included a celebratory cake as well as official ceremony activities. Citizenship Ceremony.
Eugowra	12:00am	Church service followed by flag raising at the RSL. Bowls and lunch at the Bowling Club.
Molong	2:30pm	Function at the Molong RSL, flag raising, award presentation and afternoon tea.

Mullion Creek celebrations in 2010 revolved around an “Australia Day breakfast”.

In 2009 the Official Party visited as follows:-

Cudal	12:00pm	Concert in the Community Hall, flag raising, national anthem & award presentations.
Canowindra	2.30pm	Official welcome by MC; National Anthem and Australia Day Prayer, flag raising & award presentations, cutting of Australia Day Cake.
Manildra	From 4.30pm	Pool Party – flag raising & awards presentations, BBQ, kids disco & novelty events.
Yeoval	From 6:00pm	Local Entertainment at the pool. BBQ meal, flag raising & award presentations.

Options

Option 1

To incorporate Mullion Creek into the Official Party timetable as from 2011, assuming Mullion Creek again chooses to have a breakfast celebration would mean a particularly long day for the Ambassador and Official Party. The timetable would include Mullion Creek, Cudal, Canowindra, Manildra and Yeoval.

One option would be for the Mullion Creek celebrations to be changed to a morning tea eg 10am. Whilst still a long day it would be consistent with the 10.5 hour day put in by the Ambassador this year.

With this option the Ambassador would arrive the evening before and depart the following day. Council would be required to pay accommodation for 2 nights. Staff would be required to collect and deliver the Ambassador from/to the airport on the preceding and following days.

Option 2

Adding Mullion Creek into the Official Party timetable from 2012, if the celebration remains at breakfast, would create a clash with the Cumnock celebrations. However, if Mullion Creek celebrations can be changed to an evening BBQ dinner starting at approximately 5.30pm they could be added to the end of that day’s timetable. The timetable would include Cumnock, Cargo, Eugowra, Molong and Mullion Creek.

This would be a longer day for the Ambassador and Official Party than with option 1 – approximately 12 hours.

Similarly, with this option the Ambassador would arrive the evening before and depart the following day. Council would be required to pay accommodation for 2 nights. Staff would be required to collect and deliver the Ambassador from/to the airport on the preceding and following days.

Considerations

The demand on the Ambassador in particular, who must initially travel to Cabonne, and then together with the rest of the Official Party travel throughout Cabonne is a serious consideration.

Option 3

With this in mind a further option would be to create a three yearly cycle of visits by the Official Party (allowing further additional Cabonne sites to be included if necessary in the future) which would not be so demanding, and be more enjoyable allowing more interaction between the Official Party and the communities.

Based on current event times the best available 3 year rotation cycle would be as follows:

Year 1 – Mullion Creek 8am, Cargo 10.30am & Canowindra 2.30pm.

Year 2 – Cudal 12noon, Manildra 4.30pm & Yeoval 6pm.

Year 3 – Cumnock 8am, Molong 10am & Eugowra 12.30pm (or later?).

This option removes the traditional ‘hurry” and facilitates the enjoyment and interaction between the Ambassador, Official Party and communities referred to above. There is also scope for addition of other localities as the need arises. Award recipients have the option to attend an Official Party venue to receive their awards or receive them from the local councillors as is the present practice.

The Ambassador could return home on the same day if they wished.

In changing to a 3 yearly cycle obviously some locations which were due for an ‘official’ visit next year will need to wait an additional year. Whilst Year 2 contains 3 such locations, an assumption was made that councillors wish to ‘fast track’ the addition of Mullion Creek into the Australia Day visitation timetable. If there is no such urgency then locations listed at Years 1 and 2 can be reversed.

If a different ‘mix’ of locations is wanted a significant factor in this approach may be the (in) flexibility of the organising committees to vary their times: if Council wishes to pursue a variation of this option, meetings may need to be arranged with organising committees.

Option 4

Consideration could also be given to having a ‘Major’ Australia Day event in a particular Cabonne locality (varying yearly, similarly to the Daroo Award) at which the Ambassador and the Official Party could attend and all awards would be presented.

This option is considered to have some merit as it creates an interaction between the various Cabonne communities and could be promoted as a draw card for the area by Council’s Promotion and Tourism Officer, encouraging families by having various activities, stalls, etc. even fund raising events.

Recommendation

THAT Council determine the timetable for the Australia Day Official Party and adopt same as its policy.

ITEM 18 - POLICY DATABASE - DOG CONTROL, Cemeteries and UNCOVERED LOADS

REPORT IN BRIEF

Reason For Report	To provide two reviewed policies for adoption and one for deletion by Council
Policy Implications	Yes - will update Council's Policy database
Budget Implications	Nil
Area of Responsibility	Policy
Annexures	1. Draft Dog Control - Restricted Areas Policy 2. Draft Cabonne Cemeteries Policy
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174547

Administration Manager's REPORT

In keeping with Council’s review of its Policy Database policies relating to:

1. Fines for Uncovered Loads - Canowindra District;

2. Matters to be reported to full Council;

3. Dog Control - Canowindra Parks and Oval (review in association with Companion Animals Act); and

4. Cabonne Cemeteries.

were identified as having to be revised by Council’s Director of Environmental Services and be resubmitted to Council for consideration.

Policy 1 - was found to be obsolete as it is already enforced through the Roads Regulation and Road Rules 2008.

Policy 2 - was found to be obsolete as it is already covered by Delegations by Council.

Policy 3 - has been reviewed and titled as Dog Control – Restricted Areas policy – draft annexed.

Policy 4 - has been reviewed and updated –draft annexed.

Recommendation

THAT Council:

1. Delete the Fines for Uncovered Loads - Canowindra District Policy from its Policy database.

2. Delete the Matters to be Reported to Full Council policy from its Policy database.

3. Adopt the annexed draft Dog Control – Restricted Areas Policy.

4. Adopt the annexed draft Cabonne Cemeteries policy.

ITEM 19 - CENTRAL WEST LIBRARIES COMMITTEE

REPORT IN BRIEF

Reason For Report	For Council to adopt the Central West Libraries (CWL) Management Plan for 2010/11
Policy Implications	Nil
Budget Implications	Yes - consistent with CWL Managent Plan budget
Area of Responsibility	Libraries
Annexures	Nil
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174700

Administration Manager's REPORT

The February meeting of the Central West Libraries Committee was held on 26 Friday 2010 and was attended by Council’s delegate Clr Culverson.

One of the agenda items was the CWL Draft Management Plan 2010/2011.

The Government per Capita Grant to Cabonne Council 2010/2011 is expected to be $36,390. It is proposed that Council makes a further contribution of $179,081in 2010/2011; Cabonne’s contribution equates to 16% of the total operating costs for Central West Libraries. This is consistent with Council’s normal budget allocation.

As in previous years, the estimates have been prepared to show the shared operational costs and the individual member Council costs that relate to the service that each Council has determined to be suitable for their communities.

The estimates have been prepared using extensive parameters as detailed in the CWL Financial Accountant’s covering report – a copy is available from the Administration Manager on request as is a copy of the 2010/2011 draft Management Plan.

Noteworthy, is that as part of the consideration of the 2008/2009 Management Plan it was decided to extend the lease of the computers used with the Spydus Library Management system by two years to bring the change over of the computers to coincide with the end of the warranty period: this lease is now coming to the end of its term. The Draft Management Plan includes lease fees for the replacement of these computers, on a three year lease.

A conscious effort has been made to minimise any increases in expenditure and to maximise any savings that could be achieved.

Council is requested to adopt the CWL Management Plan 2010/2011.

Recommendation

THAT Council adopt the 2010/2011 Central West Libraries Management Plan.

ITEM 20 - LICENCES TO GRAZE CROWN RESERVES

REPORT IN BRIEF

Reason For Report	To advise Council of changes imposed on Council as Trustee and concerns re same.
Policy Implications	Yes - subject to Council determination
Budget Implications	Yes - impact on Income from grazing licences rent and increased administration costs
Area of Responsibility	Crown Reserve Grazing Licences
Annexures	Nil
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174488

Administration Manager's REPORT

Council acts as trustee for the following Crown Reserves. As they are due for renewal from 1 July 2010 some preparations have been undertaken to renew same.

Significant changes have been imposed by the Land and Property Management Authority (‘Lands’) including:

1. A requirement to have a minimum rental of $408 pa with CPI increases each year – as may be seen from the table below the current rentals being paid are, with one exception, considerably below that amount.

2. A requirement for valuations to be undertaken to determine the market value for the rent amount.

3. Use of a template document (some 30 pages) required in triplicate.

It should be noted that whilst Council is allowed to retain the rent (approx $2,500 last year) the cost of administration, including advertising for tenders, processing, inspection and renewals, etc vastly exceeds the rent received.

With the added requirement for valuations (approx. $500 each) Council will not recover its costs.

Additionally, for those Licencees who are paying the lowest amounts this is a large increase. It may well be that they, nor anyone, will not re-tender; and at worst case scenario simply continue to use the land without agreement and without the Public Liability insurance and Indemnities which protect Council (and the Minister).

Discussion with staff from Lands indicated that where the Reserves are for public recreation and not actually accessible for that purpose that Council may write to them outlining the reasons with a recommendation that the Trusteeship be relinquished.

Council does not currently have resources to investigate which reserves may be relinquished and additional resources may need to be engaged. With this in mind Council has confirmed with Lands that it is allowed to issue temporary licences (up to 12 months) without advertising to extend the current licencees to allow a full review.

Location	Reserve	Licence status	Current Rental pa
Cargo	Part Cargo Recreation Ground	Licence in place until 30/06/2010	$175.80
Eugowra	R67014	Licence in place until 30/06/2010	$109.80
Lidster	R90916	Licence in place until 30/06/2010	$640.60
Manildra	R84208 & R86106	Licence in place until 30/06/2010	$282.60
Molong	Part 49696 (1 of 2)	Licence in place until 30/06/2010	$226.00
Molong	Part 49696 (2of 2)	Licence in place until 30/06/2010	$37.70
Molong	R44492	Licence in place until 30/06/2010	$251.20
Molong	R85816	Licence in place until 30/06/2010	$207.70
Molong	Part Molong Cemetery	Licence in place until 30/06/2010	$62.90
Molong	Part R84283	Licence in place until 30/6/2010	$227.70
Yeoval	R87334	Licence in place until 30/06/2010	$314.10

Recommendation

THAT Council:

1. Enter into temporary licence agreements with current licence agreement holders of the Reserves listed in the report for a 12 month period from the lapsing of the current agreements.

2. Undertake a review of the Crown Reserves currently licensed for grazing with a view to relinquishing trusteeship of those that cannot be used for public recreation.

3. Investigate relinquishing trusteeship of all Crown Reserves due to the financial burden on Council to administer same.

4. Fund the valuations and resources to allow a review for the above reserves from the ‘Sundry Admin Expenses’ vote.

ITEM 21 - POLICY DATABASE - Family Day Care Policies and Community Transport Policies

REPORT IN BRIEF

Reason For Report	To provide reviewed policies for adoption by Council
Policy Implications	Yes - will update Council's Policy database
Budget Implications	Nil
Area of Responsibility	Policy
Annexures	Nil
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174587

Administration Manager's REPORT

In keeping with Council’s review of its Policy database, Family Day Care and Community Transport Policies were identified as having to be revised by Council’s Family Day Care Coordinator and Community Transport Coordinator respectively.

Both these polices are quite large and accordingly not annexed to the business paper. A copy can be requested electronically from Council’s Administration Manager and a copy will be available on meeting day for viewing by interested councillors.

Recommendation

THAT Council adopt the draft Family Day Care Policies and draft Community Transport Policies.

ITEM 22 - ANZAC Day

REPORT IN BRIEF

Reason For Report	ANZAC Day Ceremonies will be conducted throughout the Cabonne Area.
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	Civic Ceremonies
Annexures	Nil
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 166572

Administration Officer's REPORT

Councillors would be aware that there are a number of towns and villages throughout the Shire area that conduct marches to commemorate ANZAC Day.

It is customary for Council to grant approval to the various towns and villages for such marches, subject to the organisers of the march complying with the requirements of the local police concerning traffic barricades and police participation, if necessary.

As is tradition, a request for Cabonne Council representation from the ANZAC Day Committee at the Civic Commemoration Service in Orange has been received. The ceremony will be at the Cenotaph in Robertson Park commencing at 11.00 am. Council’s representative will be among those in the wreath laying ceremony and invited as guests for the official ANZAC luncheon in the Ex-Services’ club at 12.30pm. The Chairman of the ANZAC Day committee has verbally requested Clr Culverson be Cabonne’s representative at the Service in Orange.

Recommendation

THAT:

1. Advise all police officers in the towns and villages which are to conduct ANZAC Day marches that Council offers no objection to the temporary closure of the streets involved, subject to compliance with local police regulations.

2. Appoint Clr Janelle Culverson to attend the civic commemoration service in Orange on ANZAC Day 2010.

ITEM 23 - Rescission Motion - Molong Water Supply

REPORT IN BRIEF

Reason For Report	Council to consider the Rescission Motion re Molong Water Supply
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	Governance
Annexures	Nil
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174159

Administration Officer's REPORT

A Notice of Rescission Motion has been received, duly signed by Clrs Durkin, MacSmith & Dean.

The Rescission Motion reads:

“We the undersigned wish to rescind the following Motion carried at the Ordinary meeting of Cabonne Council held on 15 February 2010. ITEM 32 - MOLONG WATER SUPPLY

MOTION (Farr/Culverson)

THAT Council endorse the offer to sell water from the Borenore Creek Dam to the Orange City Council.

10/02/10 Carried

……………………… ………………………… …….………………..

Anthony Durkin Lachlan MacSmith Geoffrey Dean”

In order for Council to consider the Motion on the day it will have to be moved and seconded.

Recommendation

THAT the Rescission Motion be received.

ITEM 24 - Seniors Week

REPORT IN BRIEF

Reason For Report	To Authorise Distribution of Funding for Seniors Week Events
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	Community Services
Annexures	Nil
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174801

Community Services Manager's REPORT

Senior’s Week is to be held between the 21 and 28 March 2010.

A variety of events are to be held across Cabonne during this week, these include:

· A bus trip to the Premier’s Senior’s Week Concert in Sydney sponsored by Council’s Community Transport Service.

· A bus trip to Junee organised by the Canowindra Lions Club and funded by the Club and the Premier’s Department.

· A Senior Citizens Week Concert and Luncheon organised and funded by the Eugowra Lion’s Club.

· A Come in bad taste dinner to be held at Cudal organised and funded by Council’s HACC Service.

· A Mystery Bus Trip organised and funded by Council’s HACC Service.

· A trip to Dubbo and a Trip to Bathurst organised by the UPA Hostel at Yeoval.

· A Senior’s afternoon tea and activities at Molong

The events organised by Council’s HACC and Community Transport Services are fully funded by those services and the Bus trip organised by the Canowindra Lions Club is largely funded by the Premier’s Department.

Council has budgeted $1,472.00 towards supporting Senior Citizens Week Activities and it is proposed that this be divided as follows:

· Canowindra Lions Club trip $272.00 (as requested to meet a small shortfall in funds)

· Eugowra Lions Club luncheon and activities $400.00

· Molong afternoon tea and activities $400.00

· Yeoval UPA bus trips $400.00

Recommendation

THAT Council Make the following contributions to Senior’s Week Activities; Canowindra Lions Club trip $272.00, Eugowra Lions Club luncheon and activities $400.00, Molong Afternoon tea and activities $400.00, Yeoval UPA Bus trips $400.00

ITEM 25 - COMMUNITY SERVICES COMMITTEE MEETING

REPORT IN BRIEF

File Number	174293
Reason For Report	Adoption of Community Services Committee Recommendations
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	Community Services
Annexures	1. Report of the Community Services Committee

Community Services Manager's REPORT

Attached is the report of the Community Services Committee Meeting of Cabonne Council held on 1 March 2010 for Council’s adoption.

Recommendation

THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 1 March 2010 be adopted.

ITEM 26 - ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING

REPORT IN BRIEF

Reason For Report	Adoption of Economic Development & Tourism Committee Recommendations
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	Economic Development
Annexures	1. Report of the Economic Development and Tourism Committee
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174294

Economic Development Manager's REPORT

Attached is the report of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 1 March 2010 for Council’s adoption.

Recommendation

THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 1 March 2010 be adopted.

ITEM 27 - LACHLAN REGIONAL TRANSPORT COMMITTEE MEETING MINUTES

REPORT IN BRIEF

Reason For Report	To inform the Committee of resolutions from the Lachlan Regional Transport Committee meeting held February 20 2010.
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	Governance
Annexures	1. Lachlan Regional Transport Committee Meeting
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 173774

Director of Engineering and Technical Services' REPORT

The minutes of the Lachlan Regional Traffic Committee Meeting held at Blayney Shire Council 20 February 2010 contained in the annexure for Council’s information.

Noted in the minutes is a resolution to review the “agenda” of the LRTC. This is in relation to a question from the floor, asking if the LRTC has a “lobbying” function.

Recommendation

THAT the Council approve the next Lachlan Regional Traffic Committee Meeting being hosted by Cabonne Council at Canowindra on the 8^th May 2010.

ITEM 28 - TRAFFIC COMMITTEE MINUTES

REPORT IN BRIEF

Reason For Report	Adoption of Traffic Committee Recommendations
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	Traffic Committee
Annexures	1. Traffic Committee Minutes February DRAFT
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174292

Director of Engineering and Technical Services' REPORT

Attached herewith are the minutes of the Traffic Committee meeting held on 24 February 2010.

Recommendation

THAT the report and recommendations of the Traffic Committee meeting held on 24 February 2010 be noted.

ITEM 29 - WORKS COMMITTEE MEETING MINUTES

REPORT IN BRIEF

Reason For Report	Adoption of the Works Committee Meeting Recommendations
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	Governance
Annexures	1. Report of the Works Committee
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174295

Director of Engineering and Technical Services' REPORT

Attached herein is the report and recommendations of the Works Committee meeting held on Monday 1 March 2010.

Recommendation

THAT the report and recommendations of the Works Committee held on Monday 1 March 2010 be adopted.

ITEM 30 - Cargo Road RTA Speed Zone Review

REPORT IN BRIEF

Reason For Report	Seek Council's endorsement of action taken with regard to the RTA speed zone review.
Policy Implications	nil
Budget Implications	funding priority for block grant.
Area of Responsibility	Main Roads
Annexures	1. 2010 03 03 RS ST Cargo Road MR237 Speed Zone Review
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174431

Director of Engineering and Technical Services' REPORT

The Director of Engineering and Technical Services submitted a report for notation to the February meeting outlining some of the issues associated with the RTA’s review of the speed zone for Cargo Road between Orange and Cargo.

That report covered a number of issues and points of discussion that was raised with the RTA, they included crash statistics, location of the crashes and cause, accuracy of data relating to intersections and property access points amongst others. The RTA was also asked to present data in a way that homogenous sections of Cargo Road could be evaluated and to separate those statistics in the existing 80km p/h zone.

Council also put forward the need to establish possible downward trend in crash statistics on sections where works had recently been undertaken (Black Spot funding).

Subsequent to the meeting with the RTA, RTA have provided revised format of the crash statistics for various sections of Cargo Road, however the crash statistics still showed that even in areas considered to have better alignment the crash rate remains high, twice that of the average for rural roads (refer to tabled document, February meeting).

The Director undertook a road inspection with officers of the RTA for the purpose of identifying those areas that the RTA considered to be of concern and contributing to the need to reduce the road to 80km p/h. The inspection identified 3 main areas of concern;

1. Lack of guardrail on steep embankments particularly where there are culverts and obstructions in the clear zone.

2. Obstacles in the clear zone, they were mainly trees, some mature but many were of a smaller nature and could be removed without to much effort. However a clear definition in terms of meters from the travel lane could not be determined. RTA are suggesting that clear zones should be in accordance with their guidelines to new works, this is a safe systems approach saying that wherever works are to be undertaken then the clear zone should be the desirable distance, eg: nominally 5 metres. Clearly a clear zone of 5m is not viable for Cargo Road (or any Local or Regional Road) and would cause considerable objection from the environmentalists.

3. Intersection and property access points where there is limited sight distance.

In the course of the inspection and in discussion with RTA Officers no clear pattern or trend could be established for the cause for the high accident rate. The RTA view speed as a factor in a significant number, indicating that “driving to the conditions” is often associated with driving too fast in adverse conditions, not necessarily above the speed limit.

The road inspection found a significant length of guard fence would be required to protect an errant driver from leaving the road and hitting an object or possible roll over down an embankment. A number of mature trees were also noted within a 3m clear zone. The following schedule provides a rough estimate of the work required to address these concerns.

Section		Guard Fence Lm	Guard Fence End Treatment	Mature Trees (No)
00-3.4 km	Cargo 50/100 km/h to Edinboro Lane	800	10	6
3.4-6.9 km	Edinboro Lane to Nanami Lane	750	8	22
	Nanami Intersection	100	2	-
6.9-14.2 km	Nanami Lane to Greening Road (includes Windy Hill)	2100	10	2
14.2-15.7 km	Greeing Road to Coffee Hill Creek	1250	4	3
15.7-21 km	Coffee Hill Creek to Bowan Park Road (includes Spring Creek)	1500	6	6
21-23.7 km	Bowan Park Road to Boree Lane	240	6	30
	TOTAL $354,000	6740 @ $30/Lm $202,200	46 @ $1800ea $82,800	69 @ $1000EA $69,000

RTA’s safe systems approach, this approach recognizes that even with a focus on prevention, road crashes will occur, therefore the road system must be designed to be more forgiving of human error and where any crash that does occur minimizes death and serious injury. It holds those who design and manage the road system to be specifically accountable for the safety performance of the network and that the design of vehicles and road environments must be undertaken on the basis of human limitations.

This approach requires, in the case for Cargo Road, Council to undertake improvements when looking at reintroducing the default speed limit such as the guardrail, clearzone and hidden driveways.

This may have significant implications for Council’s Road Asset Management Plan (RAMP) and future budget priorities. The RAMP includes a section that establishes the community’s expectation with regard to the level of service Council should be providing on the road network. Failure for Council to recognize changing tends in crash statistics that causes the RTA to undertake a speed review may result in the speed limit being reduced below the default speed. The adopted RAMP does not have specific reference to travel speed related level of service. Until the Cargo Road speed review the possibility of speed zones being reduced on Council’s road was not contemplated. Consideration to including travel speed as a level of service in the RAMP should be given.

Council’s Road Safety Officer has the responsibility for the implementation of the Road Safety Plan. The Road Safety Plan is reviewed annually with input from the RTA and must be approved by the RTA. Generally the strategies and activities in the Road Safety plan are State wide addressing the broader road safety problems such as drink drive, speed and seatbelts.

In view of the RTA Speed Zone review process being primarily driven by crash statistics, it is imperative that Council’s engineering staff be kept informed of emerging trends. Consideration is to be given to the RSO providing crash statistic reports to Council on a six monthly basis with appropriate analysis. Any trend up-wards would trigger liaison with the RTA so that preventative measures can be implemented to avoid a Speed Zone review.

The Departmental Media Release of 1^st February 2010 “SPEED LIMIT REDUCTION ON CARGO ROAD” deferred the implementation by one month to 22 March 2010 allowing Council to “respond as soon as possible so the RTA can consider it before the extended implementation date”.

Following careful examination of “new” RTA data and road inspection a response has been made asking RTA to consider the following points;

1. Information provided by the Cargo Progress Association detailing those property accesses that are used rarely or infrequently to be considered in the review

2. Consideration to be given to recent works undertaken under the Black Spot Funding

3. Works in progress, specifically the realignment of the Edinboro Lane intersection with Cargo Road

4. Work that may be undertaken in the medium to short tem to address the clear zone and barrier fencing concern

5. Work that may be undertaken in the short term to improve signposting and delineation of road alignment and concealed driveways.

Recommendation

THAT Council:

1. Endorse letter; of 3 March 2009 to RTA requesting consideration be given to points raised by Council in relation to the speed zone review on Cargo Road.

2. Revise the Roads Asset Management Plan to include Travel Speed as a level of service.

3. Include in the Road Safety Officers reporting program, six monthly crash statistics to council.

4. Prepare a road improvement program for Cargo Road including removal of trees in the clear zone and provision of guard fence and to seek special funding from State and Federal Government for the work.

ITEM 31 - Funding Approval for Manildra Sewerage Scheme

REPORT IN BRIEF

Reason For Report	To advise Council of the Minister's offer for funding assistance and seek council approval to affix seal and sign agreement.
Policy Implications	Nil
Budget Implications	Included in budget
Area of Responsibility	Sewerage and Drainage
Annexures	Nil
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174641

Director of Engineering and Technical Services' REPORT

DESIGN MANAGER’s REPORT

Council received written advice from Minister Phillip Costa in December 2009 regarding the funding of the Manildra Sewerage Scheme. The letter detailed the Minister’s offer for funding of $2,309,383, being 60% of the assessed eligible cost of $3,848,974 (excluding GST) for the following works:

· Design and construction of the Sewerage Treatment Plan (STP) including project management, environmental documentation and land matters;

· Design and construction of the reticulation system and rising main to the STP.

The following works are not included in the Minister’s offer:

· Supply of the Pressure Sewer pumps and components. This is subject to a separate offer from the Minister that Council have already resolved to accept at its July 2009 meeting; and

· Installation of On-property Works - At the time of the funding submission to the Minster this item was still to be priced through open tender. As such the Minister has excluded this portion of the funding until the tendering process has been completed.

In regard to the On-Property works, tenders have recently closed with a number of submissions being made. Council staff are currently reviewing these submission and it is anticipated that the results of the tender review shall be reported to Council’s April meeting. Following this a funding application shall be made to the Minister for this portion of the project. It is noted that installation of the On-property is expected to commence in July 2010 following completion and commissioning of the STP.

Recommendation

THATCouncil:

1. Authorise the affixing of Council’s Common Seal to the funding agreement for the Manildra Sewerage Scheme received in December 2009; and

2. Write to the Minister of Water thanking him and his department for their assistance with the project.

ITEM 32 - Canowindra Skate Park Tender Process

REPORT IN BRIEF

Reason For Report	Seek Council approval to proceed with a selective tender process for the design and construction of the Canowindra Skate Park
Policy Implications	Tendering process
Budget Implications	Nil
Area of Responsibility	Council Properties
Annexures	Nil
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174644

Director of Engineering and Technical Services' REPORT

Council resolved to fund the construction of a skate park in Canowindra from 50% of Round 2 of the RLCIP and funds committed in the current budget.

Council staff met with the Canowindra Skate Park Committee and agreed to a “Design and Construct” process. The Committee sought to include in the construction of the facility as much local resources and material as practical. There were also layout and materials that would be preferred.

Given the Design and Construction of skate parks is a specialized industry Council advertised expressions of interest for this project to ascertain the degree of interest in the project.

Council, during December 2009 and January 2010, advertised for Expressions of Interest (EOI) for the design and construction of the Canowindra Skate Park. The purpose of the submissions was to compile a list of companies able to provide both the specialized design services and construction services for the facility. This list would provide a list of organizations that would then be asked to meet and discuss with Council and community representative groups their ideas for the park. This would culminate in the organisations providing a tender submission for the project.

During the EOI period a number of companies discussed the project with Council and demonstrated an interest in providing a submission for the EOI process. Council received three written expressions of interest.

Recommendation

THAT Council authorise a selective tendering process for the design and construction of the Canowindra skate park to include those organisations that submitted written expressions of interest.

ITEM 33 - B-Double Access - Local Cabonne Roads

REPORT IN BRIEF

Reason For Report	Expiry of 2009 Twelve Month Trial
Policy Implications	B-Double Access to Local Cabonne Roads
Budget Implications	Nil
Area of Responsibility	Local Road Access
Annexures	Nil
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 167371

Asset Manager's REPORT

Council approved trial of B Double access on specified Local and Regional Roads, this trial period is now complete and will require council to resolve gazettal for the operation of B Doubles to continue.

Local Police have indicated that they have not reviewed any complaints nor have concern with the continuation of B Doubles on these Roads. Council has not received any formal complaint or submission with regard the operation of B Doubles, however Council has received Customer Service Requests concerning the condition of roads used by these vehicles on some of the gravel roads.

Gazettal will require RTA concurrence.

The Roads under trial and proposed to be gazetted as B Double access routes are:

MR 233	Renshaw McGirr Way	From Parkes Shire Boundary to Wellington Shire Boundary
LR104	Gundong Road	From Obley Road to Narromine Shire Boundary
LR040	Yoorooga Road	From Gundong Road to Renshaw McGirr Way
LR001	Baldry Road	From Renshaw McGirr Way to Railway Parade Cumnock
000	MacLaughlan Street	From Railway Parade to Obley Street Cumock
LR049	Gumble Road	From Baldry Road to Windeyer Street Manildra
000	Orange Street Manildra	From Whitton Street to Derowie Street Manildra
000	Orange Street Manildra	From Whitton street to Loftus Street Manildra
000	Loftus Street Manildra	From Orange Street to Derowie Street Manildra
000	Derowie Street Manildra	From Loftus Street to MR61 Kiewa Street Manildra

It is proposed to maintain the conditions for access as per the trial,

80 km/h speed, travel not permitted on school days during school bus route times with the exception of MR233 where the speed limit will be the sign posted speed.

Recommendation

THAT Council request the Roads and Traffic Authority to gazette the Local and Regional Roads as listed in the report as B Double access under the same conditions as in the trial period.

ITEM 34 - B-DOUBLE ACCESS - FOUR MILE CREEK ROAD from Cadia Rd Intersection to NSW State Forests Mt Canobolas Pine Plantation

REPORT IN BRIEF

Reason For Report	Seek Council's approval to B Double access with conditions.
Policy Implications	Application of RTA B-Double Route Guidelines and possible extension of B-Double Access to Cabonne local road network
Budget Implications	Nil
Area of Responsibility	Traffic and Transport
Annexures	Nil
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174279

Asset Manager's REPORT

The original application was accessed and referred to Council’s Local Traffic Committee Meeting held on the 24^th February 2010 see item 7(b) in the minutes included in Traffic Committee annexure. The Committee resolved that no B-Double Trial proceed because the route assessment identified insufficient width and poor alignment.

The Applicant and NSW State Forests were then advised of the Committees recommendation to Council. Both applicants subsequently modified their original application to significantly reduce the length of Four Mile Creek Road required for B-Double access from 8.5km (State Forests Glengariffe Rd) - to - 5.3km (State Forests Spring Creek Rd).

This alternative eliminates much of the ‘poor alignment’ referred to in the original assessment. In fact, only one horizontal curve is restricted by a narrow earth cutting at 4.06km from the Cadia Intersection. The cutting is approx 200m long and 3.0m high with some timber, widening the cutting would be costly (nominal $20,000) but State Forests propose to haul a very large volume to Tumut over the coming years and D-Double access is essential.

The exit from State Forests ‘Spring Creek Rd’ on to Four Mile Creek Road is sound with sufficient sight distance in both directions.

An alternate exit from State Forests ‘Rose Bank Rd’ adjacent to their Canobolas Depot is much closer (2.3km) to the Cadia Rd Intersection and eliminates the narrow cutting. Sight distance is however less than desirable as the intersection is located on the outside of a right hand bend. State Forests would also be required to undertake significant internal road works to utilise this exit.

The existing bitumen width on Four Mile Creek Rd from Cadia Rd to both possible Forest exits ranges from 5.5m to 5.7m which meets the minimum 5.5m width for traffic levels less than 100 AADT but not the 7.0m minimum for traffic between 100 and 500 AADT.

Council’s last formal traffic count 7.0km from Cadia Intersection in November 2007 for Four Mile Creek Rd was 126 AADT. Hence the RTA Guidelines, if strictly applied make this section of Four Mile Crk Rd not Suitable for B-Double use.

It is however Council’s Asset Manager’s opinion that subject to the removal of the encroaching and overhanging vegetation to ensure maximum sight distance and available passing seal width the route would be suitable for B-Doubles, especially as the traffic volume is at the very bottom of the 100 to 500 range.

Vegetation maintenance is Council’s responsibility. Yet as this is a specific requirement to meet the NSW State Forests needs it is considered that NSW State Forests should meet at least half the cost of vegetation removal. Total estimate say $30,000 thus requiring a $15,000 contribution from State Forests.

Recommendation

THAT Council approve the use of B-Double Vehicles on Four Mile Creek Road from State Forests ‘Spring Creek Rd’ to the Cadia Road intersection providing:

1. NSW State Forests meet at least half the cost of vegetation removal. Total estimate say $30,000 thus requiring a minimum contribution of $15,000 from NSW State Forests.

2. NSW State Forests meet the full actual cost of widening the northern batter of the cutting located at 4.06km from Cadia Rd Intersection to improve east bound sight distance. Approx dimension say 200mx3.0mx5.0m. Total estimate say $20,000.

ITEM 35 - Orana House, Canowindra

REPORT IN BRIEF

Reason For Report	Request by Canowindra playgroup for funds for Orana House sourced from Canowindra Town Improvement Fund
Policy Implications	Not covered by Council policy
Budget Implications	Reduction in Town Improvement funds.
Area of Responsibility	Engineering
Annexures	Nil
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174863

Urban Assets Coordinator's REPORT

A letter has been received from Clr. Durkin supported by Clr. Walker on behalf of the Canowindra Playgroup seeking a donation of funds towards Orana House in Canowindra. Orana House is used by several community groups including the playgroup and support groups from Lyndon House. Orana House is a Council asset.

The playgroup has received a donation of $1500 from Cadia mine and is now seeking a further donation of $2500 to be sourced from the Canowindra Town Improvement Fund, all to be put towards building improvements.

The Canowindra Town Improvement Fund has generally been used in the past to support large scale works such as the recently installed light pylons at the sports oval.

Small scale work such as improvements to a building used by community groups has usually been funded from Council’s CIP fund on a 50:50 basis. CIP applications are invited around August each year after Council’s budget has been adopted.

As the work envisaged by the playgroup is small scale and generally consistent with the intention of the CIP funding the playgroup should be invited to apply for CIP funds at the commencement of the next financial year.

Recommendation

THAT funding request of $2500 from the Canowindra Town Improvement Fund towards Orana House not be granted and that the Canowindra playgroup is invited to apply for CIP funding in the 2010/2011 financial year.

ITEM 36 - Application to close and purchase unformed council road in east Molong

REPORT IN BRIEF

Reason For Report	To seek Council's determination to close that portion of Owen Street adjoining the eastern boundary of Lot 127 DP 756883 and western boundary of Lots 17 and 18 DP 756883 commencing at Buckland Street heading south to Molong Creek.
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	Roads & Bridges
Annexures	1. Cassell Road Closure Molong - Annexures C, D and E 2. Application letter - Annexure B 3. Application - Annexure A
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174523

Assets Officer's REPORT

Council is in receipt of an application to close and purchase an unformed Council road reserve, being Owen Street between Buckland Street and Molong Creek, East Molong.

The applicant has paid the administration fee of $243.50, enclosed a location sketch and notified that there are no adjoining landholders that would be affected by this closure as the applicant owns the adjoining land parcels, Annexures “A” and “B”.

The Roads Act 1993; Part 4, Division 1, Section 34 “Applications for closing of public roads” states

(1) An application for the closing of a public road (other than a freeway) may be made:

(a) In the case of a Crown Road, by any person, and

(b) In the case of any other public road, by the roads authority for the road or by any other public authority.

The Roads Act 1993; Part 4, Division 1, Section 37 “Decision on proposal’ states

(2) However, a public road may not be closed

(c) In the case of a road owned by Council – unless the Council consents to the closure of the road, or

The Roads Act 1993; Part 4, Division 1, Section 38 “Effect of notice of closure” states

(3) The land comprising a former road:

(a) In the case of a freeway, remains vested in the RTA, and

(b) In the case of a public road that was previously vested in a Council (other than a public road in respect of which no construction has ever taken place) remains vested in the Council

(c) In any other case, becomes (or, if previously vested in the Crown, remains) vested in the Crown as Crown land.

As identified in Part 4, Division 1, Section 38, 3(c) the road becomes vested in the Crown as Crown land and the applicant deals directly with Land and Property Management Authority (formerly Department of Lands). Annexure “”E” is a flow chart detailing the process Council follows for road closures.

Council’s Asset Officer has contacted Council’s Development Engineer who has provided the following advice: “Because the Molong Flood study does not extend to Lot 127 DP756883 and Lots 17 – 19 DP756883 the 1% AEP flood contour to those allotments was extrapolated. In doing so the finding was that Only Lot 17 DP756883 would have any development potential. Apart from having legal access to Molong Creek there should be no reason why Council should not close Owen Street as it serves land with no development potential. Annexure “D” is a copy of the email.

Satellite imagery showing the lots, unformed road reserve and Molong Creek is attached as Annexure “C”.

Any future development proposal would require access of either Buckland Street or Deight Street. Buckland Street would then need to be formed to Council’s standards, the cost to be borne by the developer. Closing this section of Owen Street will not prohibit access to Molong Creek as there alternate sites which afford access.

Please note no signature under seal is required for this action.

Recommendation

THAT Council support the closure of part Owen Street as per attached location map and follow the process as set by Council.

ITEM 37 - Association of Mining Related Council's February meeting - Royalties for regions

REPORT IN BRIEF

Reason For Report	For determination
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	Environmental Services
Annexures	1. Minutes of the February 2010 meeting of the Association of Mining Related Councils
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174564

Director of Environmental Services' REPORT

The quarterly meeting of the Association of Mining Related Councils was held at Newcastle Town Hall on Friday 26 February 2010. The meeting provided a forum to consider the Western Australian legislation introduced in 2008 to return mining royalties to regional areas, and to determine if such a model may be of benefit to NSW.

The opening speaker, Prof Cath Pattenden from the University of Queensland, Sustainable Minerals Institute – Centre for Social Responsibility in Mining, addressed the meeting on a current project being undertaken by the unit to identify and review emerging governance responses to mining related development across Queensland, NSW, South Australia and Western Australia. The project aims to provide recommendations to Local and State Government, as well as the mining industry, on effective management of the local and regional impacts of rapid and sustained growth in the mining sector.

Adrian Delaney, representing the NSW Department of Industry and Investment, Mining and Energy Division provided a summary of the NSW Mining Royalty Regime. Mining royalty is the price charged by the Crown for the right to extract mineral resources owned by the State. Currently mining royalties go to consolidated revenue with the rates calculated by one of two methods – Ad Valorem or Quantum variable rate ( ie value / quantity). The rates are calculated against the commodity value in US dollars. Within NSW 98% of mining royalties are generated through the revenue from coal mining.

Brett Sabian provided the key note address on the Western Australian regional royalties legislation that was introduced following the last election. Returns of 25% of on-shore mining and petroleum royalties revenue per annum are now invested in regional WA instead of being directed into state revenue.

The royalties for regions legislation enables the return of royalties to the regions, local government areas, and communities affected by mining operations. The royalties program was established to supplement – not supplant – State funding for the provision of basic and essential infrastructure and services.

The Royalties for Regions legislation has the effect of returning funds to the mining communities, the local government areas and the surrounding regional areas effected by the proximity of a working mine site. The program returns decision making to local government and provides accountability across all sectors of government to the allocation and expenditure of royalty revenue.

The system has three key goals:

1 To encourage local decision making

2 To support decision making in regional areas

3 To identify and prioritise strategic projects in regional WA

Three funds have been established to facilitate the regional royalties program:

1 Country Local Government Fund – to provide funding for provision of infrastructure and renewal projects direct to Local Government. Presently $400m over 4 years has been allocated to this fund. The program aligns with Western Australia’s Local Government Association Sustainability Strategy and provides for expenditure on Local Government owned infrastructure and buildings such as halls, swimming pools, parks, gardens, roads and airports. The funds are not a grant to retire debt. Funds are available for infrastructure development.

2 Regional Community Services Fund – supports services and programs that improve the quality of life for regional residents. To date in WA this fund has provided substantial funding for establishment of the Patient Assistance Travel Scheme ($40m), Royal Flying Doctor Service ($32m), Country Aged Pension Fuel Card ($80m). The fuel card program provides $500 credit on a card for use by pensioners on fuel purchases and taxi costs.

3 Regional Infrastructure and Headworks Fund – this is divided into two areas being:

Strategic Major Regional Projects – including current programs such as the redevelopment of regional hospitals at Kalgoorlie, Nickel Bay and Albany ($86m), housing incentives to attract government employees to mining areas and associated communities through a housing for workers program ($526m), revitalization of the Pilbara area ($330m), construction of the Bunbury to Albany gas pipeline (420m) and the redevelopment of regional airports ($22m), and an exploration incentive scheme to ensure future mining activities.

Regional Grants Scheme – provides $5m for each of WA’s Regional Development Commissions (similar to NSW’s ROC structure). The Scheme provides opportunity for local communities to improve and develop infrastructure and services within a region. The scheme provides leverage for securing additional federal funding for projects. Projects are prioritised according to a region’s needs.

The regional fund reflects four key initiatives and supports health, energy, water and community development initiatives. For example the Pilbara Revitalisation Program incorporates strategies to keep the population in the area (health initiatives), put power lines underground to ensure better services to the community, establish projects for mine de-watering / desalination / irrigation / town water supplies. Core projects to assist the local community include town centre revitalisation plans / establishment of learning and leisure centres / upgrade of public amenities and initiatives to address crime and safety issues.

Discussion

The WA Royalties for Regions model provides a significant capital return on mining royalties to communities, Local Governments and regions across WA that are impacted by the presence of mining activity. The model ensures distribution of a set percentage of the State royalty to the communities affected by the impact of mining. The royalty program does not replace State support for funding to local government – the royalty funds supplement funding to regions. Each region and LGA must have a strategic plan identifying and prioritising community and regional projects, Funding is allocated through a series of regional boards, with financial accountability for projects reported back to the State government. The process returns decision making to local government in setting infrastructure programs and community projects.

It was noted by the NSW Association of Mining Related Councils that the NSW mining industry varied to that of WA – by comparison NSW is 1/3 the size of WA yet it has 3 times the population. The meeting was unanimous in its support for the development of a model for Regional Royalties, based on the WA system, and that the NSW proposal be provided to the NSW State Government and the Opposition. Cr James Ryan and Cr Adam Marshall spoke on behalf of the Local Government Association and the Shires Association in support of developing a model for the return of royalties to local government.

The meeting resolved accordingly and a draft model is to be developed for consideration at the May meeting of the Association of Mining Related Councils. The Association is seeking the support of each LGA as well as encouraging input by each council into the development of the model. This is a significant opportunity to work with allied council across NSW to develop a model for equitable allocation of mining royalties and the return of royalty revenue to local government areas. Based on the successful WA model, such legislation offers benefit to regions, LGAs and individual communities as well as providing community infrastructure investment that ensures ongoing sustainability of mining operations.

The minutes of the Association of Mining Related Council meeting have been forwarded to Council and a copy is attached.

Recommendation

THAT:

1. The report be noted

2. Council support the Association of Mining Related Council’s proposal to develop a model for the return of mining royalties to regions, based on the successful WA system, and further more supports the circulation of the draft model to the NSW Government and Opposition for consideration as legislation.

3. Council advice the Association of Mining Related Councils of its support for the development of a draft model formulating the framework for implementation of legislation for NSW Royalties for Regions.

ITEM 38 - MODIFICATION APPLICATION DA 2006/251

REPORT IN BRIEF

Reason For Report	For determination
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	Development Application
Annexures	Nil
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174646

Director of Environmental Services' REPORT

At the Council meeting of the 15 February 2010 a report was provided in response to a Modification Application under s96 of the Environmental Planning & Assessment Act 1979, as amended. The Modification Application related to DA 2006/251 being a proposed 73 lot subdivision of land zones 1(c) Rural Small holdings located in East Molong adjacent to the Molong Golf Club. The proponent sought variation to several conditions of consent.

The Council indicated in-principal support for the application however a component of the modification proposal sought a variation to Council’s policy regarding supply of water to development which is located outside the designated village zone. The requested variation to the consent relating to provision of a raw water supply was identified as requiring further investigation by Council prior to formal determination of the matter.

A further report was presented to the Environmental Services and Sustainability Committee meeting held on 1 March 2010. That report expanded upon the water supply issues associated with the s96 modification application and put forward a proposal for the potential use of water from both the Molong Dam and Borenore Dam as a raw water supply to future development areas at Molong. The committee was advised that a water yield study was to be carried out as part of the WBC Alliance strategic planning programs. The information from this study would be beneficial to Council in determining the potential future use of both dams.

Subsequently a meeting was held between the developer, the Mayor, Molong Ward Councillors and the Director of Environmental Services to enable Council to discuss the various issues and the likely time frame to determine the water supply capabilities. It was acknowledged that investigation of the water supply options and capabilities would take up to three months. It was noted that the proponent’s modification application sought modification to several conditions of development consent and associated matters and it may be possible for Council to determine those matters initially while deferring the request to vary the requirements for supplying additional water services to the development.

It was also noted that the current approval enabled the rural residential allotments to be created and developed subject to provision of a reticulated water system to provide outdoor water supply (a matter separate to domestic/household water supply provided by rainwater tanks at the time of development of each allotment). The consent for the subdivision was issued in 2008 and can be implemented by the proponent.

To progress the assessment of the submitted modification application for the 73 lot subdivision at East Molong the following summary of the requested variation to the consent is provided for Council’s information:

(a) Request to amend the description on the cover page of the development consent to refer to the 73 lot subdivision and to update the land owner details.

As indicated in the February report to Council the request should be supported as the corrections address errors or anomalies.

(b) Condition 5 of the development consent requires the applicant to upgrade Euchareena Road and the intersection with Betts Street. The proponent seeks instead to have levied the s94 Road Contributions rate in accordance with Council’s s94 Road Contributions Plan for Small Rural Holdings. The proponent argues that it is unreasonable for the proponent to be responsible for the upgrade of the local road network as it serves a broader community network than just the proposed development. The s94 contribution is considered appropriate in forming the nexus between the development and an increase in traffic generated by the development proceeding.

As outlined in the February 2010 report to Council the s94 contribution may be imposed and it is suggested that Condition 5 be varied to require the per lot contribution. The current rate of this levy is $2,437.10 per lot. The contributions would be provided for the future upgrading of Euchareena Road, and the Betts Street/ Euchareena Road intersection. In this manner any future development of other 1(c) land in East Molong would also attract a s94 road upgrading contribution.

(c) Condition 13 of the development consent requires a maintenance performance bond of 10% of the value of the road works undertaken for the project (ie the provision of the internal road system to service the proposed subdivision). The proponent seeks variation to the condition to reflect the Australian Standard of 5%.

It is suggested that the condition of consent be amended to reflect the Australian Standard.

(d) Condition 19 of the development consent requires a centralised water reticulation system to be provided for external use throughout the development, along with a requirement for a general prohibition for the sinking of bores on individual lots. The applicant seeks a variation to the condition to require instead a covenant to be placed upon the linen plan requiring any future dwelling to be required to install a 90,000 litre rainwater tank for a potable supply and a mains extension of the Molong raw water supply to the development for external use.

It is suggested that Council defer consideration of this variation until a detailed report can be provided to Council.

(e) Conditions 37 and 42 require a 6m wide Right of Carriageway to service proposed lots 58 and 59. The proponent seeks a variation to the standard to provide a 4m wide ROW.

As stated in the February report this request may also be supported. The subject land is not located within a bush fire zone. The provision of a 4m wide access to both lots would be adequate. It is suggested that the conditions of consent be varied to permit 4m wide ROW access in accordance with Council’s Engineering Specification for Subdivision and Development

(f) The applicant requests that the development be permitted as a staged subdivision to enable flexibility in the release of the estate.

There is no objection to the development being staged subject to a condition of consent being imposed that states:

The subdivision may be released in stages, provided that the conditions relevant to each lot in each stage are completed in accordance with the terms of this development consent.

(g) In addition to the requested variations to conditions of consent the proponent indicated agreement to provision of a bicycle path to link the subdivision to Back Saleyards Road. A 3m wide concrete pathway is to be provided to link the estate to the roadway.

As previously indicated the provision of the bike path provides a link between the development and the neighbourhood road network. The corridor would become the responsibility of Council and should be classified as operational land. A condition of consent is already included in the existing development consent requiring a contribution of $300 per lot towards the construction of a cycle path linking the development to the Molong township.

Potential impacts

The proposed variations to the consent do not alter the layout and design of the 73 lot proposed subdivision. The development remains substantially the same as that approved by Council. It is noted that minor adjustments to the development are to be made by varying the width of a ROW and by including a 3m wide bicycle pathway. The overall character and design of the subdivision remains substantially the same. Buffers and landscaping remain unaltered. The internal road network remains unaltered. The increase in traffic generated by the development proceeding can be addressed via the application of Council’s roads contribution plan rather than by a requirement for road upgrading works.

The issue that required further investigation is that of the request for provision of a raw water supply to the development for external use by future residents. Domestic water is to be provided by rain water tanks as is commonly required of rural living. Connection to the raw water service requires Council approval to vary its existing policy whereby water is provided only to the village zone. Council is prepared to undertake further detailed investigation of the yield capacity of the Molong and Borenore dams as well as investigating infrastructure strategies required to facilitate a raw water supply to the site.

Comments

To enable the progression of the various matters raised above it is suggested that Council approve the requested modification to amend the development consent cover notice to correct an error and an anomaly, amend condition 5 to require a s94 road contribution, amend condition 13 to require a performance bond of 5% of the value of the road works undertaken for the project, defer the review of Condition 19 until a detailed report can be prepared by Council’s Director Engineering and Technical Services on raw water supply options, amend conditions 37 and 42 to require a 4m wide ROW, require an additional condition of consent to provide a 3m wide concrete bicycle path to link the subdivision to Back Saleyards Road, and amend the consent to permit the subdivision to occur in stages subject to the relevant conditions of consent for each stage having been completed.

Recommendation

THAT:

1. The report be noted and

2. Council approve the requested modification to amend the development consent cover notice to correct an error and an anomaly, amend condition 5 to require a s94 road contribution, amend condition 13 to require a performance bond of 5% of the value of the road works undertaken for the project, defer the review of Condition 19 until a detailed report can be prepared by Council’s Director Engineering and Technical Services on raw water supply options, amend conditions 37 and 42 to require a 4m wide ROW, require an additional condition of consent to provide a 3m wide concrete bicycle path to link the subdivision to Back Saleyards Road, and amend the consent to permit the subdivision to occur in stages subject to the relevant conditions of consent for each stage having been completed.

ITEM 39 - SUB-REGIONAL AND INDUSTRIAL STRATEGY STRATEGIC PLANNING REPORT

REPORT IN BRIEF

Reason For Report	For determination
Policy Implications	Strategic planning directions for the LEP review
Budget Implications	Nil
Area of Responsibility	Environmental Services
Annexures	Nil
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174694

Principal Strategic (WBC Alliance) Planner's REPORT

This report provides an update on the Councils of Blayney, Cabonne and Orange City – Sub-Regional Rural and Industrial Land Use Strategy (‘Strategy’). This Strategy aims to address future release and use of land for rural, large industrial (outside village zones), and rural residential (not associated with a village zone).

Background

The Draft Strategy was placed on exhibition by Cabonne, Blayney and Orange City Council in early 2008 and subsequently adopted by Blayney and Orange Councils.

On 4 May 2009, the Environmental Services and Sustainability Committee approved unanimously the recommendations made under Item 1 – Draft Work Plan for the New Principal Strategic Planner for the WBC Alliance. Recommendation No.3 stated:

“Council makes a resolution to adopt the ‘Councils of Blayney, Cabonne and Orange City – Draft Sub-Regional Rural and Industrial Land Use Strategy (April 2008) excluding the recommendations regarding the proposed Lifestyle Allotment Strategy Areas (Table ES.1) and the minimum allotment sizes for an ancillary dwelling (Table ES.5/7.13).”

Therefore, two issues remain outstanding before the Strategy can be adopted by Council:

1. Rural Residential: The list of investigation areas for future rural residential (‘lifestyle’) allotments – with particularly consideration of sites at Borenore; and

2. Rural Minimum Lot Size: The minimum lot size in the rural zone that would permit subdivision with an ancillary dwelling.

Rural Residential Land Uses

At a Councillor Workshop on 18 January 2010, a presentation was provided by the Principal Strategic Planner that sought to review the current opportunities and challenges to assist with a decision on the way forward for rural residential (or ‘lifestyle’) allotments.

At the end of this workshop the Councillors agreed that there was no need to include the localities of Borenore and Nashdale into the Draft Strategy as potential future rural residential areas for consideration. Instead, the Councillors agreed that Borenore should receive further investigation for suitability as a new Village Zone under the Local Environmental Plan.

As a result, it is recommended that the Councils of Blayney, Cabonne and Orange City – Sub-Regional Rural and Industrial Land Use Strategy (July 2008) Final Strategy – Table ES.1 – Summary assessment of proposed Lifestyle Allotment Strategy Areas can now be adopted by Council (This also correlates with Table 6.1 in the Final Strategy).

Rural Minimum Lot Size

The issue of the rural minimum allotment size that will permit an ancillary dwelling is a complex one and may require further more detailed discussions with Councillors.

Under Cabonne Local Environmental Plan 1991 the minimum lot size for subdivision/an ancillary dwelling in Zone 1(a) (General Rural) for a dwelling is generally 100 hectares (Clause 12(3); Clause 18(1)(a)). However, if the dwelling is associated with intensive agriculture then the minimum lot size is 10 hectares in Zone 1(a) (General Rural) and 20 hectares in Zone 7(c) (Environment Protection).

The Draft Strategy has conducted a detailed analysis of the opportunities and challenges associated with this issue and made a recommendation that the minimum allotment size in rural areas should be broken down into four (4) key areas across the sub-region as shown in Table ES.5 of the Strategy below (This also correlates with Table 7.13 in :

During preparation of the Draft Strategy, the Department of Planning released the State Environmental Planning Policy (Rural Lands) 2008 (SEPP 2008). This states that Councils may either choose to adopt their existing minimum lot sizes into the new Local Environmental Plan or they can review their minimum lot size in accordance with the ‘rural subdivision principles’ under SEPP 2008. The Draft Strategy has conducted its review in accordance with the ‘rural subdivision principles’ of SEPP 2008 and this would enable Council to adopt the new recommended minimum lot sizes.

Due to the flexibility provided by SEPP 2008 on this issue, Council may adopt the Draft Strategy now without removing the option to adopt the existing minimum lot sizes in the new Local Environmental Plan as SEPP 2008 takes precedence over the Draft Strategy. This is the path that has been adopted by both Blayney and Orange Councils. On this basis it is recommended that the entire Draft Strategy can be adopted and the issue of minimum lot size in rural areas is addressed in a further report to Council before the new Local Environmental Plan is prepared.

Way Forward

If the Final Strategy (and associated Issues Paper and Local Profile) are adopted by Council then they will be forwarded to the Director General of the Department of Planning to seek final approval. Once approval is received, the Strategy can be used to inform the preparation of the new Local Environmental Plan for the Cabonne Shire. A Strategy must be approved by both Council and the Department before the new Local Environmental Plan can be finalised.

Recommendation

THAT Council adopt the following documents:

(a) Councils of Blayney, Cabonne and Orange City – Sub- Regional Rural and Industrial Land Use Strategy (July 2008) Final Strategy;

(b) Councils of Blayney, Cabonne and Orange City – Sub- Regional Rural and Industrial Land Use Strategy (February 2008) Issues Paper; and

(c) Councils of Blayney, Cabonne and Orange City – Sub-Regional Rural and Industrial Land Use Strategy (February 2008) Local Profile.

ITEM 40 - ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING

REPORT IN BRIEF

Reason For Report	Adoption of Environmental Services Committee recommendations and noting of motions carried
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	Environmental Services
Annexure	1. Report of Environmental Services and Sustainablity Committee
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174281

Director of Environmental Services' REPORT

Attached is the report of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 1 March 2010.

Recommendation

THAT the report and recommendations of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 1 March 2010 be adopted and carried Motions be noted.

Yours faithfully,

GLP Fleming

GENERAL MANAGER

ITEM 1 - CENTROC BOARD MEETING 25 FEBRUARY 2010

REPORT IN BRIEF

Reason For Report	Reporting on CENTROC Board meeting held on 25 Feburary 2010
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	Government Relations
Annexures	1. Centroc BOARD Minutes 26 02 10
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174376

DIRECTOR OF FINANCE & CORPORATE SERVICES’ REPORT

The quarterly meeting of the CENTROC Board was held on 25 February 2010 in Molong. Item that were discussed at the meeting were:

· Bells Line of Expressway

· Infrastructure

· Environmental Sustainability

· Health

· Telecommunications

· Regional Development

· Education

· Emergent Advocacy Issues – Tourism

· Financial Report

· Management Plan report for 2010-2011

· Operational Report from GMAC 4 February 2010

· Hosting Policy

The meeting was attended by the Mayor, Clr Culverson and Director of Finance & Corporate Services. Further information regarding the outcomes of the meeting may be obtained from those in attendance and the minutes of the meeting are attached for Council’s information. The next meeting with be held in Cowra on 27 May 2010.

ITEM 2 - WBC BOARD MEETING

REPORT IN BRIEF

Reason For Report	Reporting on WBC Board meeting held on 3 March 2010.
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	Government Relations
Annexures	1. WBC Board Meeting Minutes - 3 March 2010
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174682

Director of Finance and Corporate Services' REPORT

A meeting of the Wellington, Blayney, Cabonne Strategic Alliance Board was held on 3 March 2010. Items discussed at the meeting were:

· WBC Project Officers report

· Action Status report

· Principal Strategic Planners report

· BPI the WBC Way

· Development of New Management Plan for WBC 2010-2012

· Workforce Development reports

· Climate Change Workshop

· Shared Services

· Water

The meeting was attended by the Mayor, Deputy Mayor, Clr Farr and Director of Finance & Corporate Services. Further information in relation to any of the specific items can be obtained from those in attendance. The minutes of the meeting are attached for Councillors information.

ITEM 3 - INVESTMENTS & RATES SUMMARIES

REPORT IN BRIEF

Reason For Report	Information provided in relation to investments and rates.
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	Finance
Annexures	1. Investment Schedule March 2010 2. Rates graph February 2010
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 164447

Director of Finance and Corporate Services' REPORT

Statements of Investments.

The Statement of Investments to 28 February 2010 is attached.

Rate Collection Summary.

The summary of rate collections to 3 March 2010 is attached.

ITEM 4 - Council Investments

REPORT IN BRIEF

Reason For Report	To advise Council of Removal of Government Bank Guarantee
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	Finance & Corporate Services
Annexures	Nil
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 167022

Finance Manager's REPORT

Councillors would be aware that since the Global Financial Crisis that eventuated back in October 2008, that the Federal Government had introduced a Government Bank Guarantee system for Wholesale Investors who place funds with approved financial institution up to $1,000,000.00.

In early February 2010, the Commonwealth Treasury announced that the guarantee would cease to exist as at October 2011. Essentially what this means is that if an institution where Council had funds deposited were to collapse after the guarantee ceases, Council would loose their money. This was the practice prior to the Global Financial Crisis.

The Government’s decision to withdrawn the guarantee comes on the back of the Major Banks having substantially reduced their borrowing under this system. Although the removal of the Guarantee will have no discernable impact on the stability of the Australian Banking or the ratings of any individual banks, should a further severe systematic disruption occur, the Government is likely to take appropriate action to preserve stability.

As previously stated by Council’s staff and auditors, Cabonne Council continues to be in a strong and stable financial position. A further report will be given to council closer to the expiry of the Government Guarantee.

ITEM 5 - Financial Health Check

REPORT IN BRIEF

Reason For Report	To advsie Council of Financial Healtrh Check for the WBC Alliance.
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	Finance & Corporate Services
Annexures	Nil
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 167023

Finance Manager's REPORT

Council has previously been advised the status of Cabonne Council’s Financial Health Check where Councillors will remember that a green light was achieved in all seven indicators. This is the first time that this result has been achieved since the inception of the Financial Health Check back in 2001/2002.

All results have now been received from the alliance members, Blayney, Cabonne, Central Tablelands Water and Wellington. The table below (Figure 1) shows each individual council’s results for each indicator for the 2008/2009 financial year.

A full colour version of the WBC Alliance Health Check will be attached to the actual business paper.

ITEM 6 - RESOLUTIONS REGISTER - INFOCOUNCIL

REPORT IN BRIEF

Reason For Report	To provide Council with a report of actions resulting from the December 2008 to February 2010 Council and Committee meetings.
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	Governance
Annexures	1. Council Outstanding Resolutions for March 2. Community Services Outstanding Resolutions for March 3. Economic Development and Tourism Outstanding Resolutions for March 4. Environmental Services and Sustainability Outstanding Resolutions for March 5. Land Development Outstanding Resolutions for March 6. Quarry Review Outstanding Resolutions for March 7. Works Outstanding Resolutions for March 8. Manual Resolutions Register to March Council
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174300

Administration Officer's REPORT

InfoCouncil generated reports are provided including May 2009 to February 2010 Resolutions. These are annexed sorted by meeting i.e. Council, Community Services, etc.

The manually prepared Register will continue to be provided until all actions are complete: it is also annexed with the latest updates.

InfoCouncil have advised that enhancements to the Resolutions Register to list the motions as well as the item heading (as per the Manual register) will be available by the second quarter of 2010.

In the interim, starting from this report, only outstanding actions will be included with the final Action also showing “COMPLETE”. Councillors should raise any issues directly with Directors as per the Mayor’s request.

The following month, the ‘Complete’ items will not appear on the Outstanding Registers.

ITEM 7 - LIVESTOCK HEALTH AND PEST AUTHORITY (LHPA) - STAKEHOLDERS MEETING WITH CABONNE COUNCIL

REPORT IN BRIEF

Reason For Report	Inform Council of Stakeholders meeting objectives
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	Governance
Annexures	1. LHPA Stakeholders meeting
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174177

Director of Engineering and Technical Services' REPORT

A delegation of the Tablelands LH&PA met with senior staff of Council on Thursday 25^th of February.

The Mayor and Acting General Manager were apologies as they were attending the CENTROC meeting on the same day.

This meeting is one of many the LH & PA is holding throughout the region with Councils to engage Council as a stakeholder in LH & PA activities.

Typically LH & PH is looking at ways communications can be improved between LH & PH and Council. Examples where this can be done includes control of pests in urban fringe areas, stock on roads, permits etc.

The General Manager of Tablelands LH & PA will be corresponding to Council on specific areas where Council/LH & PA cooperation can be enhanced.

ITEM 8 - RECLASSIFICATION OF MT CANOBOLAS ROAD

REPORT IN BRIEF

Reason For Report	To inform Council of the attached letter that has come through from David Campbell - Minister for Transport and Roads.
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	Roads and Bridges
Annexures	1. Letter from Minister for Transport & Roads, David Campbell
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 173616

Director of Engineering and Technical Services' REPORT

Refer to the attached annexure informing Cabonne Council that the Road Re-Classification of Mt Canobolas Road from Regional to Local Road is still implemented.

ITEM 9 - STRENGTHENING BASIN COMMUNITIES PROGRAM APPLICATION

REPORT IN BRIEF

Reason For Report	To inform the outcome of the Strengthening Basin CommunitiesProgram Grant
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	Water Supply
Annexures	1. Strengthening Basin Communities Program Announcement
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174187

Director of Engineering and Technical Services' REPORT

We received notification from the Department of the Environment, Water, Heritage and the Arts about our application for the Strengthening Basin Communities Program for “Water Storage and Treatment, Cumnock and Yeoval”.

The application has been unsuccessful.

ITEM 10 - Yeoval and Cumnock Secure Water Supply

REPORT IN BRIEF

Reason For Report	Advise Council that the application for funding was not successful.
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	Water and Sewerage
Annexures	1. Strengthening Basin Communities Program Announcement 2. Letter from Department of Environment, Water, Heritage and the Arts
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174650

Director of Engineering and Technical Services' REPORT

Council applied for funding under the Federal Government’s Strengthening Basin Communities Program for the construction of secure water and potable water supply for Yeoval and Cumnock.

Council has been advised the applications were not successful as they did not meet the criteria for this program.

The Yeoval and Cumnock Water Supply projects form part of the CENTROC preferred Lake Rowlands Strategy for Water Security. Funding from alternate sources for Yeoval and Cumnock will be on going through CENTROC and Council.

ITEM 11 - NSW DEPARTMENT OF PLANNING - LOCAL DEVELOPMENT PERFORMANCE MONITORING REPORT2008-09

REPORT IN BRIEF

Reason For Report	For the information of Council
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	Environmental Services
Annexures	Nil
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174651

Director of Environmental Services' REPORT

The NSW Department of Planning has released its Local Development Performance Report for 2008-09. Minister Kelly in releasing the report commented that the results indicated that the local planning system is becoming more efficient and responsive, particularly for small scale developments. The report assesses statistical information supplied to the Department of Planning by the 152 Local Government Councils across NSW.

The report provides a range of findings for the state relating to the processing of Development Applications and related certificates. A summary of the key indicators is provided below:

Summary of performance indicators – NSW average
2008-09		2007-08
3.8	% of DAs determined by councillors	3.6
95.8	% of DAs determined by council staff	95.9
97	% of DAs approved	97
3	% of DAs refused	3
74	Days taken to process a DA	74
40	% of DAs required additional information (Stop the clock process) with delays on average of 64 days	40
11	% of DAs were referred to external agencies, the average time for referrals being 54 days	9
12	Days to process CDCs	NA
58	Development determinations were made by full time equivalent staff	69

Cabonne’s performance for the 2008-09 reporting period is summarised as follows:

230	DAs determined	$21.9m value of DAs
9	Modifications (s96) determined
47	Complying Development Certificates determined	$6.1m value of CDCs
12.2	% of DAs determined by councillors
87.8	% of DAs determined by council staff
84	Days taken to process a DA (mean gross)
36	DA median gross DA determination times
11	% of DAs required additional information (Stop the clock process) with delays on average of 249 days	Minimum stop the clock delay 7 days, maximum delay 846 days
9	Mean days to determine CDCs	Median time was 1 day
135	Construction certificates issued compared to 126 in the previous year
95	Occupation Certificates issued compared to 144 in the previous year

Development types were summarised as 6% alterations and additions, 16% new dwellings, 1% commercial. This equates to 23% of DAs, with the remainder generally being subdivisions.

Comparison figures for Wellington, Cabonne and Blayney Council areas are provided as follows (although it must be noted that LGAs are ranked based on population and Cabonne is in a separate group to the other two LGAs):

No DAs determined
Blayney	126
Cabonne	230
Wellington	115
Value of DAs
Blayney	$20m
Cabonne	$21.9m
Wellington	$6.8m
No s96 determinations
Blayney	2
Cabonne	9
Wellington	2
Number of CDCs determined
Blayney	2
Cabonne	47
Wellington	18
DA Mean determination time
Blayney	49
Cabonne	84
Wellington	203
DA Median determination time
Blayney	38 days
Cabonne	36 days
Wellington	95 days
Effect of stop the clock on DAs – mean gross days
Blayney	68 days
Cabonne	249 days
Wellington	316 days
Mean determination time for CDCs
Blayney	32 days
Cabonne	9 days
Wellington	52 days
DAs determined by Councillors
Blayney	11.9%
Cabonne	12.2%
Wellington	13.9%
Construction Certificates issued
Blayney	114
Cabonne	135
Wellington	54
Occupation Certificated issued
Blayney	74
Cabonne	95
Wellington	31

The reporting period 2008-09 covered a time for Cabonne where there was a substantial back log of subdivision applications created by the lodgement of many poorly prepared applications for ‘concessional lots’ submitted prior to the introduction of the Rural SEPP. Furthermore, Council in the months leading up to the reporting period was without planning staff. Throughout the reporting year Council had one full time planner and 2 health and building surveyors who were responsible for the assessment of development applications. The staff assessed 230 DAs, 9 modification applications and 47 Complying Development Certificates. In addition 135 Construction Certificates and 95 Occupation Certificates were issued. The state average for DAs per assessment officer was 58. Cabonne’s 3 full time planning/health and building staff therefore dealt with 77 DAs each or cumulative (including CDCs) 95 applications each, well in excess of the state average.

Although the smaller population catchment, Cabonne experienced a higher number of submissions of Complying Development Certificates, Construction Certificates and Occupation Certificates that its alliance partners of Blayney and Wellington Councils.

While there is a statutory 40 day period to determine Development Applications it should be acknowledged that a significant number of DAs lodged with Cabonne are for subdivision of rural land. Of those a significant number are Integrated Development requiring referral to state agencies such as Rural Fire Service and Department of Water. The agencies have 40 days to respond to such referrals. Council’s own policy requires neighbourhood notification of all subdivision applications (although this is not statutory requirement of the Cabonne LEP). The notification phase includes a 14 day period in which the development application may be viewed and submissions made. Should there be a submission Council does not extend delegation to the Director of Environmental Services to determine such developments, requiring the matter to be referred to the Environmental Services Committee or in some instances Council for determination. The combined process of referrals results in significant time constraints that severely impact upon the ability for staff to improve on overall processing times for rural subdivision applications. The determination of CDCs and the like however achieve a satisfactory time frame with CDCs determined in 9 days being less than the state average.

As a number of concessional lot subdivisions, and long standing DAs have remained active the next reporting period is likely to continue to reflect the delays caused by poor quality applications requiring additional information, as well as higher than average processing times for DAs due to the shortage once more of planning staff.

Overall the results from the 2008-09 reporting period are reasonable given the limited staff resources and the specific consultation requirements of the local planning process. The aim over the coming year will be for Cabonne’s Environmental Services team to review internal process and procedure to improve processing times of applications.

A full version of the Performance Monitoring Report can be viewed on the Department of Planning web site.

ITEM 12 - PROCESSING TIMES

REPORT IN BRIEF

Reason For Report	Providing information on Application Processing Times
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	Development Approvals
Annexures	Nil
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174158

Director of Environmental Services' REPORT

2002-2003 Median times for month = 24.50 days

2003-2004 Median times for month = 33 days

2004-2005 Median times for month = 49 days

2005-2006 Median times for month = 39 days

2006-2007 Median times for month = 11 days

2007-2008 Median times for month = 27 days

2008-2009 Median times for month = 33 days

2009-2010 Median times for month = 92 days

ITEM 13 - DEVELOPMENT APPLICATIONS RECEIVED

REPORT IN BRIEF

Reason For Report	Details of Development Applications Received
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	Environmental Services
Annexures	1. Development Applications received during the month of February 2010.
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174161

Director of Environmental Services' REPORT

During the period of the 1/02/10 to the 28/02/10 (16) development applications have been received by the Environmental Services Department (closed).

ITEM 14 - DEVELOPMENT APPLICATIONS APPROVED DURING THE PRECEDING MONTH

REPORT IN BRIEF

Reason For Report	Providing information on Development Applications that have been approved during the preceding month.
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	Development Approvals
Annexures	1. Development Applications Approved during the Month of February 2010.
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174181

Director of Environmental Services' REPORT

The following Development Applications have been approved during the preceding month as detailed in the Closed Annexure.

SUMMARY OF APPLICATIONS

TYPE	NUMBER	ESTIMATED VALUE
Dwelling	1	$614,700.00
Additions/Alterations	1	$ 80,000.00
Storage Shed	2	$105,600.00
Swimming Pool	1	$ 2,000.00
Water Tank	2	$ 5,124.00
Septic	1	$0
Subdivision	3	$0
TOTAL	11	$807,424.00
Previous Month November	25	$6,504,763.00

ITEM 15 - BURIAL STATISTICS

REPORT IN BRIEF

Reason For Report	To provide information on burial statistics.
Policy Implications	Nil
Budget Implications	Nil
Area of Responsibility	Cemeteries
Annexures	Nil
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174182

Director of Environmental Services' REPORT

YEAR	NO OF BURIALS
2003-2004	66
2004-2005	89
2005-2006	62
2006-2007	59
2007-2008	62
2008-2009	57
2009-2010
July	1
August	6
September	4
October	10
November	7
December	4
January	8
February	5
Total	45

Yours faithfully,

GLP Fleming

GENERAL MANAGER

10.20am	Volunteer of the Month – Joan Stevenson
10.30am	Presentation of Outstanding Service Award – Roger Townsend
10.45am	Presentation – Darren Smith, General Manager Telstra Western NSW

Version Date (Draft or Council Meeting date)	February 2010
Author	Administration Manager
Owner (Relevant director)	Director of Finance & Corporate Services
Status – Draft, Approved, Adopted by Council, Superseded or Withdrawn	Draft
Next Review Date	Within 12 months of Council being elected.
Minute number (once adopted by Council)

Title	Date Approved	Signature
Director of Finance & Corporate Services

Minute No.	Summary of Changes	New Version Date
04/04/39	Initially adopted by Council	19 April 2004
	Revised - Draft to March 2010 Council meeting	Feb 2010

Version Date (Draft or Council Meeting date)	2 March2010
Author	Senior Environmental Services Officer
Owner (Relevant director)	Director of Environmental Services
Status – Draft, Approved, Adopted by Council, Superseded or Withdrawn	Superseded??
Next Review Date
Minute number (once adopted by Council)

Document Name	Document Location
Companion Animals Management Plan	In draft

Version Date (Draft or Council Meeting date)	4 March 2010
Author	Senior Environmental Services Officer
Owner (Relevant director)	Director of Environmental Services
Status – Draft, Approved, Adopted by Council, Superseded or Withdrawn	Draft
Next Review Date
Minute number (once adopted by Council)


Phone:	02 6390 7100	THE GENERAL MANAGER POST OFFICE BOX 17 MOLONG 2866	Our Ref:	RS/ST
Fax:	02 6390 7160	THE GENERAL MANAGER POST OFFICE BOX 17 MOLONG 2866	Doc ID:	174362
Contact:	Robert Staples	Website: www.cabonne.nsw.gov.au	Your Ref:
		Email: council@cabonne.nsw.gov.au	ABN: 41992 919 200