cabonne Council colour 200 wide

 

 

 

 

 

 

 

 

 

 

13 April 2010

 

 

NOTICE OF ORDINARY COUNCIL MEETING

 

Your attendance is respectfully requested at the Ordinary Meeting of Cabonne Council convened for Monday 19 April 2010 commencing at 9.30am, at the Cabonne Shire Office, Bank Street, Molong to consider the undermentioned business.

 

Yours faithfully,

 

 

a GM signature

GLP Fleming

GENERAL MANAGER

 

ORDER OF BUSINESS

 

1)       Open Ordinary Meeting

2)       Application for Leave of Absence

3)       Declarations of Interest

4)       Declarations of Political Donations

5)       Confirmation of Minutes of the Ordinary Meeting held 15 March 2010, the Extraordinary held 22 March 2010 and the Extraordinary held 6 April 2010

6)       Consideration of Mayoral Minute

7)       Consideration of Other Councillors’ Reports

8)       Consideration of General Manager’s Report

9)       Matters of Urgency

10)    Resolve into Committee of the Whole

a)    Consideration of Closed Items

11)    Adoption of Closed Committee of the Whole Report

 


 

ATTENDEES – APRIL 2010 COUNCIL MEETING

 

 

10.20am

Presentation to Callie Saul, Cumnock Progress Association, Little River Landcare for Volunteer of the Month

11.00am

Country Energy Presentation by Chas McPhail, Regional General Manager and Cathy Morgan, Manager Community Relations

12.00pm

WBC Project Officer, Donna Galvin regarding WBC Project Management Plan 2010/12

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

http://cc2k/intranet/images/cabonne%20Council%20colour.JPG

 

 

 

 

COUNCIL’S MISSION

“To be a progressive and innovative Council which maintains relevance through local governance to its community and diverse rural area by facilitating the provision of services to satisfy identified current and future needs.”

 

 
 

 

 


         

 

 

 

 

 

 

 

 

 

COUNCIL’S VISION

Cabonne Council is committed to providing sustainable local government to our rural communities through consultation and sound financial management which will ensure equitable resource allocation.

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 


GENERAL MANAGER’S REPORT ON MATTERS FOR DETERMINATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Monday 19 April, 2010

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      APPLICATIONS FOR LEAVE OF ABSENCE.................................. 5

ITEM 2      DECLARATIONS OF INTEREST....................................................... 5

ITEM 3      DECLARATIONS OF POLITICAL DONATIONS ............................ 6

ITEM 4      CONFIRMATION OF THE MINUTES................................................. 6

ITEM 5      MAYORAL MINUTE.............................................................................. 7

ITEM 6      BUSINESS PAPER ITEMS FOR NOTING........................................ 7

ITEM 7      Local Government Association and Shires Association - Legal Assistance Policy and Guidelines Review..................... 8

ITEM 8      MACQUARIE VALLEY WEEDS ADVISORY COMMITTEE NEW FUNDING ARRANGEMENTS - MOU WITH CABONNE COUNCIL............. 10

ITEM 9      SHIRES ASSOCIATION OF NSW ANNUAL CONFERENCE 2010 11

ITEM 10    NOTICE OF MOTION - YEAR OF WOMEN IN LOCAL GOVERNMENT     13

ITEM 11    OPHIR RESERVE TRUST DELEGATE.......................................... 14

ITEM 12    NATIONAL GENERAL ASSEMBLY - 2010................................... 15

ITEM 13    LOCAL GOVERNMENT REFERENCE GROUP FORUM............ 17

ITEM 14    POLICY DATABASE - LEASEBACK MOTOR VEHICLES - Fees & Charges................................................................................................................. 18

ITEM 15    2009/2010 MANAGEMENT PLAN - THIRD QUARTERLEY REVIEW TO 31 MARCH 2010........................................................................................................ 20

ITEM 16    2010/11 DRAFT MANAGEMENT PLAN & BUDGET................... 21

ITEM 17    Request for Assistance with Legal Costs - Murray Shire Council................................................................................................................. 22

ITEM 18    PECUNIARY INTEREST RETURNS - Media & Communcations Officer 24

ITEM 19    POLICY DATABASE - Building Services Corporation, Amusement Devices, Keeping of Animals and Poultry, Canowindra Lions Club - Lease of Railway Station.................................................... 26

ITEM 20    POLICY DATABASE - Waste Collection Districts policy and Scare Guns Policy..................................................................................... 27

ITEM 21    COMMUNITY SERVICES COMMITTEE MEETING...................... 28

ITEM 22    ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING 28

ITEM 23    BELLS LINE EXPRESSWAY GROUP ........................................... 29

ITEM 24    Molong Creek and Water Supply..................................... 30

ITEM 25    WORKS COMMITTEE MEETING MINUTES.................................. 33

ITEM 26    QUARRY COMMITTEE MEETING MINUTES................................ 33

ITEM 27    Moorbel Hall................................................................................ 34

ITEM 28    Cabonne Council caravan parks future management         35

ITEM 29    Morris Park, Canowindra...................................................... 39

ITEM 30    Canowindra Men's Shed lease on old Canowindra scout hall 40

ITEM 31    Canowindra and Molong Swimming Pools ................. 41

ITEM 32    Cabonne Council caravan park committee meeting 42

ITEM 33    ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING................................................................................................................. 42

ITEM 34    Development Application 2010/124 for a proposed Shed at Lot 7 in Deposited Plan 1966422, Jason Street (off Speedy Street), Molong.............................................................................................. 43

ITEM 35    CONDITIONS OF CONSENT - DA 2007/138 - FOR A SEVEN (7) LOT SUBDIVISION OF LOT 245 DP 756890 AND LOT 1 DP 591097, KANGAROOBIE ROAD, MARCH.................................................................................... 47

Confidential Items

 

Clause 240(4) of the Local Government (General) Regulation 2005 requires Council to refer any business to be considered when the meeting is closed to the public in the Ordinary Business Paper prepared for the same meeting.  Council will discuss the following items under the terms of the Local Government Act 1993 Section 10A(2), as follows:

 

ITEM 1      CARRYING OF COUNCIL RESOLUTION INTO CLOSED COMMITTEE OF THE WHOLE MEETING

Procedural

ITEM 2      ENDORSEMENT OF PROCEEDINGS OF CONFIDENTIAL MATTERS CONSIDERED AT COMMITTEE OF THE WHOLE MEETING

Procedural

ITEM 3      OUTSTANDING PUBLIC LIABILITY INSURANCE CLAIMS

(g) advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege

ITEM 4      ANNUAL REVIEWS

(a) personnel matters concerning particular individuals (other than councillors)

ITEM 5      WASTE MANAGEMENT

(e) information that would, if disclosed, prejudice the maintenance of law

ITEM 6      REQUEST FOR FINANCIAL ASSISTANCE

(b) matters in relation to the personal hardship of a resident or ratepayer

ITEM 7      REQUEST FOR CONSIDERATION OF WATER CONSUMPTION COSTS ACCOUNT

(b) matters in relation to the personal hardship of a resident or ratepayer

ITEM 8      Contract for the Installation of On-Property Works as part of the Manildra Sewerage Scheme

(d) (ii) commercial information of a confidential nature that would, if disclosed, confer a commercial advantage on a competitor of the council; AND Procedural

ITEM 9      LAND DEVELOPMENT SUB-COMMITTEE MEETING

(d) (ii) commercial information of a confidential nature that would, if disclosed, confer a commercial advantage on a competitor of the council; AND Procedural

ITEM 10    Acquistion of land adjoining Manildra Landfill

(d) (i) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it  

 

ANNEXURE ITEMS

 

ANNEXURE 4.1    Minutes of the Ordinary Meeting held 15 March 2010         49

ANNEXURE 4.2    Minutes of the Extraordinary Meeting held 22 March 2010                                                                                                    75

ANNEXURE 4.3    Minutes of the Extraordinary Meeting held 6 April 2010                                                                                                    79

ANNEXURE 7.1    LGSA Legal Assistance Policy and Guidelines     83

ANNEXURE 8.1    Draft Individual MOU WAP.DOC.............................. 85

ANNEXURE 13.1  Terms of Reference.................................................... 96

ANNEXURE 15.1  2009/10 Strategic Plan Review to 31 March 2010   100

ANNEXURE 20.1  Draft Waste Collection Districts policy.. 133

ANNEXURE 20.2  Draft Scare Guns policy....................................... 136

ANNEXURE 21.1  Report of the Community Services Committee   138

ANNEXURE 22.1  Report of the Economic Development & Tourism Committee                                                                                                 142

ANNEXURE 23.1  2010 Mar-12950.pdf........................................................ 150

ANNEXURE 24.1  Minutes for water meeting.doc........................ 151

ANNEXURE 25.1  Report of the Works Committee...................... 154

ANNEXURE 26.1  Report of the Quarry Review Committee... 160

ANNEXURE 28.1  Caravan Park Management Options............... 163

ANNEXURE 28.2  Profit  Loss Caravan Parks 1 .7.2009 to 27-1-2010.pdf 165

ANNEXURE 32.1  Minutes of the Cabonne caravan park committee meeting of 3rd February 2010................................................ 166

ANNEXURE 33.1  Report of Environmental Services and Sustainablity Committee........................................................................ 168

ANNEXURE 34.1  Site and Elevation Plans....................................... 174

ANNEXURE 34.2  Draft Conditions of Consent............................. 177 

 


 

 

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 - 164523

 

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 - 164506

 

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 - 164512

 

General Manager's REPORT

 

A call for Political Donations.

 

 

Recommendation

 

THAT any Political Donations be noted.

 

 

 

ITEM 4 - 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.  Minutes of the Ordinary Meeting held 15 March 2010

2.  Minutes of the Extraordinary Meeting held 22 March 2010

3.  Minutes of the Extraordinary Meeting held 6 April 2010    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 164404

 

General Manager's REPORT

 

The following minutes are attached for endorsement.

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

2.   Minutes of the Extraordinary meeting held on 22 March 2010

3.   Minutes of the Extraordinary meeting held on 6 April 2010

 

 

Recommendation

 

THAT the minutes of the Ordinary Meeting held on 15 March 2010, the Extraordinary Meeting held on 22 March 2010 and the Extraordinary Meeting held on 6 April 2010 be adopted.

 

 

 

ITEM 5 - 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 - 164516

 

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 6 - BUSINESS PAPER ITEMS FOR NOTING

REPORT IN BRIEF

 

File Number

164540

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 - Local Government Association and Shires Association - Legal Assistance Policy and Guidelines Review

REPORT IN BRIEF

 

Reason For Report

To advise Council that the above Policy and Guidelines are under review and Council's feedback is invited.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Local & Regional Liasion

Annexures

1.  LGSA Legal Assistance Policy and Guidelines    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 176462

 

General Manager's REPORT

 

At their meeting of 5 February 2010, the Joint Executive of the LGSA resolved to undertake a review of the Legal Assistance Policy and Guidelines.

 

Council will be aware of instances, such as the approved application by Murray Shire Council for assistance under the Legal Assistance Policy which is included in this month’s business paper, when Council is requested to contribute towards legal cases covered by the Local Government Association and the Shires Association (LGSA) Legal Assistance Policy and Guidelines.

 

The Legal Assistance Policy and Guidelines allows a council to apply for the support of the Associations in seeking contributions from all councils to assist with its legal costs where that council is involved in litigation and the principle in question in the matter:

 

1.   Involves a major local government principle which may be eroded but for pursuing the matter;

2.   Is one which should not be eroded merely because the council involved is not itself, so seriously affected by the outcome of the case that the legal costs associated with pursuing the principle outweigh the consequences.

The Associations are therefore seeking the assistance of all councils in this review and a copy of the Legal Assistance Policy and Guidelines is annexed with this report for your information.

 

A report will be drafted when all of the responses from councils have been received with the expectation that a final report will be presented to the Association's Joint Executive meeting in May 2010 for consideration.

 

The Associations requested feedback and all responses to be forwarded to the Associations by Thursday 1 April 2010; however agreement has been reached to allow submissions from Cabonne up to the 20th as the first available Council meeting for councillors to consider the matter is the 19th April.

 

Councillors will note from the guidelines annexed that the policy is broad enough to cover most situations that face councils.  It has worked well in the past.

 

While Cabonne has not had a need to draw on the Assistance Policy in the past, there have been issues which have being of direct relevance to Cabonne e.g., Telstra case, public liability, flooding, planning etc.  The benefits to local government generally and Cabonne particularly should not therefore be underestimated.

 

Council also has the reassurance that if faced with a major case involving precedents or important principles that it can also apply for assistance under the Policy.

 

 

Recommendation

 

THAT Council submit any comments/feedback in relation to the Local Government Association and the Shires Association’s review of the Legal Assistance Policy and Guidelines to the Administration Manager supporting the current policy and seek feedback on the response received from across the industry.

 

 

 

 

ITEM 8 - MACQUARIE VALLEY WEEDS ADVISORY COMMITTEE NEW FUNDING ARRANGEMENTS - MOU WITH CABONNE COUNCIL

REPORT IN BRIEF

 

Reason For Report

To advise Council of recent negotiations as a reuslt of new funding arrangments.

Policy Implications

Continuation of current arrangements

Budget Implications

Cost to Cabonne to be reimbursed from MVWAC

Area of Responsibility

 

Annexures

1.  Draft Individual MOU WAP.DOC    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 178055

 

General Manager's REPORT

 

The issue of the new State Government arrangements for funding of local Councils has been the subject of a number of discussions and recently a forum was conducted in Sydney by the LGSA.  In addition, Council staff have been in discussions with the Executive from the Macquarie Valley Weeds Advisory Committee (MVWAC) in relation to the matter.  The most recent meeting held on 23rd March has now developed a way forward.

 

New funding arrangements

 

Previous funding arrangements meant that funds were allocated to individual Councils in accordance with an overall regional program drawn up by the MVWAC.  MVWAC also received funding for a Project Officer to coordinate the various Council programs and meet State Government requirements.  This Project Officer was employed through Cabonne Council, with costs being reimbursed from the MVWAC grant.

 

The new arrangements call for one Council to be responsible for the administration of all grant funds totalling some $1.08M (approximate). Because of the success of the arrangement with Cabonne Council, MVWAC made an approach for Cabonne to administer the grant under the new arrangements.

 

Legal advice has been sought to protect both the interests of Cabonne Council and the MVWAC and following the recent meeting in Sydney called by the LGSA, the matter of how to handle the new arrangements has now become clearer.

 

Basically the proposal is that subject to MVWAC Council members agreeing in principle to the new arrangements, an MOU will be drawn up between Cabonne Council, the MVWAC and member Councils for Cabonne to administer the grant on behalf of the MVWAC and those member Councils.

 

Cabonne Council would have the responsibility of the various requirements under the program.  A copy of these are attached. 

 

The Project Officer employed to carry out the work on behalf of the MVWAC would be employed by Cabonne Council with all costs being reimbursed to Council.  Cabonne Council would be responsible for the administration of the grant and appropriate financial reporting, audit requirements, legal requirements, compliance, acquittals etc.  In return, Cabonne Council would levy an annual charge of $108,000 (10% of total grant funds).  Cabonne Council would also receive any investment income from the grant.

 

Subject to the legal advice confirming the appropriate arrangements for a multiple agreement between Cabonne, the MVWAC and its member Councils, or the ability to sign one agreement, the matter has reached a stage where Council staff are satisfied that the interests of Cabonne are protected.  Council’s Director of Finance & Corporate Services can give more information on this matter at the April meeting if required.

 

 

 

Recommendation

 

THAT:

1.  Council agree in principle for the drafting of an MOU between Cabonne Council, MVWAC and MVWAC member Councils for the administration of the NSW Weeds Action Program and authorise appropriate action for the MOU to be executed.

2.  That the final MOU be reported to Council prior to execution.

 

 

 

 

ITEM 9 - SHIRES ASSOCIATION OF NSW ANNUAL CONFERENCE 2010

REPORT IN BRIEF

 

Reason For Report

To advise Councillors of the upcoming Shires Association of NSW Annual Conference and determine representatives

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 - 178782

 

General Manager's REPORT

 

Council has received advice that the Shires Association Conference will be held in Sydney from Monday 31 May to Wednesday 2 June 2010.

 

With the theme for this year’s Conference being “Building a Brighter Future”, the Conference is seeking to consider how Local Government can operate even more effectively for the benefit of communities. There are a range of guest speakers invited to present at the Conference, including the Prime Minister, Premier of NSW and the Minister for Local Government, as well as a number of Federal Ministers.

 

Council’s policy for the attendance of delegates and representatives at the Shires Association Conference is that the Mayor attends, if available, as Council’s Official Delegate, with the General Manager attending in an advisory capacity. Council’s Policy also provides for up to two other Councillors being able to attend as Observers and/or substitute Delegates in the absence of the Mayor for any reason from the Conference itself.  Last year Clr Hyde expressed an interest in attending but subsequently deferred until this year’s conference so that Clr Culverson could attend in 2009.

 

Cabonne Council has a number of Motions submitted to the Conference, namely:

 

a.      That the Shires Association lobby State and Federal Government for funding for local government to enable them to implement the requirements in relation to Climate Change.

 

b.      That the Shires Association obtain statistical data for the previous five (5) University educational years, beginning from February 2004, of persons undertaking Tertiary Training as University Students enrolled to complete the Nursing Degree.

 

c.      That the Shires Association approach the State Government with a view to establishing current status of the result of the "Inquiry into Secure and Sustainable Urban Water Supply and Sewer Services in Non Metropolitan NSW"

 

Further, it was resolved at the April Community Services Committee meeting that a motion be submitted by Cabonne Council to the Shires Conference seeking them to lobby for exemptions for the requirement of security cameras in taxis in small communities.

 

It is therefore important that Council is represented, and Council should give consideration to nominating its representatives at the April Council Meeting, in order that the appropriate arrangements can be put in place.

 

 

Recommendation

 

THAT Council be represented at the 2010 Shires Association Annual Conference, and that the Delegates and Observers be nominated.

 

 

 

 

ITEM 10 - NOTICE OF MOTION - YEAR OF WOMEN IN LOCAL GOVERNMENT

REPORT IN BRIEF

 

Reason For Report

A notice of motion has been received by Clr K Duffy

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 - 178837

 

General Manager's REPORT

 

A Notice of Motion has been received by Clr Duffy.

 

The Motion reads:

 

“THAT in this the Year of Women in Local Government, Cabonne Council formally acknowledge the role played by women, both as elected representatives and staff.

 

…………………………….

 

Clr Duffy”

 

Comment

 

Clr Duffy has provided the following comment in regard to the Notice of Motion.

 

The Federal Government, Australian Local Government Association have declared 2010 the year of Women in Local Government

 

It is a year to acknowledge what women have achieved in the important third tier of government in Australia – through political and organisational leadership. It is also a year in which we reflect on how far women have progressed in local government.

The Hon. Anthony Albanese MP, Minister for Infrastructure, Transport, Regional Development and Local Government called for all Australian councils and shires to better reflect the communities they seek to represent when he officially launched the 2010 Year of Women in Local Government in Sydney.

Minister Albanese said. “Given the contribution local governments make, and the role they play, it is absolutely critical that they remain relevant to, and in touch with their communities. In the interests of equity and democracy, there is an obvious need to redress the gender imbalance wherever it exists.”

Minister Albanese also said that there is a strong economic case for promoting women into executive and leadership roles in local government.

“Skill and staff shortages are a major concern for many local governments, particularly in regional communities.

The Hon. Tanya Plibersek MP, Minister for the Status of Women said  “There is no lack of talented women in Australia, and many get their political start in local government.  The Australian Government is keen to support more women in these roles.

“Councils are big employers in local communities.  Organisations that employ women and people from diverse backgrounds better represent and understand their community leading to better results.

 

 

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

 

 

 

Recommendation

 

THAT the Motion be received.

 

 

 

 

ITEM 11 - OPHIR RESERVE TRUST DELEGATE

REPORT IN BRIEF

 

Reason For Report

Request received in relation Council delegate for the Ophir Reserve Trust

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Delegations

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 176821

 

Director of Finance and Corporate Services' REPORT

 

Council in November 2009 received notification from the Department of Lands in relation to Council’s appointment as a member of the Ophir Reserve Trust Board ceasing on the 23 April, 2010.  As a result Council put forward a nomination as ‘Councillor’ to cover Council’s delegate appointment to the Board.

 

Since forwarding Council’s nomination correspondence from the Ophir Reserve Trust has been received by Council on 24 March requesting that their delegate be Clr Culverson.  Currently the delegate for the Ophir Reserve Trust is Clr Wilcox with Clr Culverson as alternate delegate.

 

 

Recommendation

 

THAT Council consider amending the delegation to Clr Culverson as being delegate of the Ophir Reserve Trust.

 

 

 

ITEM 12 - NATIONAL GENERAL ASSEMBLY - 2010

REPORT IN BRIEF

 

Reason For Report

To inform Council of the upcoming National General Assembly

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 - 176435

 

Director of Finance and Corporate Services' REPORT

 

 

The Australian Local Government Association (ALGA) have made a call for motions for this year’s National General Assembly to be held in Canberra from 14 -17 June.

 

Three themes have been identified upon which motions are to be based and are as follows:

 

·    Population

·    Productivity, and

·    Participation

 

To be eligible for inclusion motions must:

 

·    Fall under one of the themes – population, productivity, participation

·    Be relevant to the work of local government nationally, and

·   Complement or build on the policy objectives of state or territory association

 

To assist councils in the preparation of motions a discussion paper has been made available which can be accessed through the National General Assembly website at www.nga.alga.asn.au or alternatively a copy can be provided by contacting Council’s Director of Finance and Corporate Services.

 

Key policy issues discussed in the discussion paper are as follows:

 

Population

·    Demographics

·    Migration

·    Planning

·    Major cities, and

·    Transport

 

Participation

·    Workforce

·    Employment

o Under employment

·    Skills shortage

 

Productivity

·    Economic development

·    Broadband

·    Climate Change

 

Motions must be submitted by Friday 30 April to be considered for inclusion at the 2010 National General Assembly.

 

 

 

Recommendation

 

THAT Council consider motions which reside within one of the three themes to be submitted for consideration at the 2010 National General Assembly.

 

 

 

ITEM 13 - LOCAL GOVERNMENT REFERENCE GROUP FORUM

REPORT IN BRIEF

 

Reason For Report

The Central West Catchment Management Authority are seeking Councillor representation for the Local Government Reference Group

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Council Delegates

Annexures

1.  Terms of Reference    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 176828

 

Director of Finance and Corporate Services' REPORT

 

Council has received a request from the Central West Catchment Management Authority (CMA) seeking Council representation on the Local Government Reference Group Forum. (It is understood that the CMA has also written individually to all Councillors.)

 

The Group’s purpose ‘is to establish formal and constructive relationships between the Councils and the Central West CMA to enhance and promote strategic and sustainable natural resource management across the Central West Catchment.’

 

Primary responsibilities of the group include promotion of natural resource management within Council and supporting the work of Salinity and Water Quality Alliance.

 

It is proposed that Reference Groups would be held 2-3 times per year with others to attend being encouraged with the more formal meeting of the Local Government Reference Group Forum possibly meeting up to twice a year.

 

A copy of the Terms of Reference have been attached for Council’s information.

 

 

Recommendation

 

THAT Council appoint a delegate and alternate delegate to represent Council on the Local Government Reference Group.

 

 

 

 

ITEM 14 - POLICY DATABASE - LEASEBACK MOTOR VEHICLES - Fees & Charges

REPORT IN BRIEF

 

Reason For Report

To provide Council an update relating to a Policy due for review

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Policy

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 175892

 

Administration Manager's REPORT

 

A working party of Council staff under the direction of the Director of Engineering & Technical Services are currently reviewing the provision of Motor Vehicles to staff both from an operational perspective and from a salary enhancement - staff attraction/retention viewpoint.  A further report will be submitted to Council for consideration and adoption in relation to same.

 

This report specifically relates to a review of a policy adopted in March 2008 (08/03/27), sponsored by the then Director of Environmental Services which:

 

1.     Attempted to address the 2007/08 Strategic Plan which incorporated looking for a response to Climate Change.  The proposal was to make some initial change at the simpler end and a change that is ongoing, particularly if there are minimal or no costs to Council.

2.     Referred to a LGSA document relating to Council’s vehicle fleets which targeted reduced greenhouse impacts.  The LGSA document suggests a fleet average as the best way to manage the maintenance of flexibility in vehicle choice and operational need.  This allows larger vehicles (eg – 4WD) to remain in fleet but would require an offset by a much better performing vehicle. 

3.     Determined a 3.5 star rating (based on The Green Vehicle Guide) as a reasonable average to aspire to over the 2008/2010 period.  5 stars being the maximum achievable.

The Green Vehicle Guide provides additional information that includes a Greenhouse Rating, Air Pollution Rating, Fuel Consumption and type of fuel consumed.  The Greenhouse and Air Pollution Ratings are given scores out of 10 then combined to give an overall rating measured in stars.  At the time of the report the Toyota Prius was the only vehicle to score a 5 star rating; as at the time of writing this report there are 15 vehicles listed as rating 5 stars.

4.     Provided Council a good opportunity to do something positive for the environment and secondly produce a good community outcome by publicising its stance on minimizing impact on the environment by Council vehicles.

5.     Introduced an incentive system of varied Leaseback rates as an encouragement for those on leaseback vehicles to drive more environmentally friendly vehicles (appropriate for their needs).  The 2008/09 Fees & Charges introduced 3 levels of Leaseback rates based on litres/100km ranges wherein the then standard rate became the highest rate and 2 discounted rates were introduced (see table below).

6.     Recognised operational cost fuel savings to Council and a market trend by the general community towards smaller vehicles which would enhance resale.

This policy is due for review, being 2 years from adoption.  Based on the light vehicle fleet as at 6 January 2010, Council has achieved a 3.4 star average with most staff embracing the opportunity to mitigate the impact on the environment, motivated no doubt, to varying degrees by the lower leaseback rates for more environmentally friendly vehicles (together with the resulting fuel consumption cost savings).  It should be noted that Council has also benefited form the lower fuel consumption vehicles during Business use of these vehicles.

During the review it was noted that the litres/100km rating does not always correspond to the stars awarded under the Green Vehicle Guide. 

To be consistent with the fleet goal of 3.5 stars it is necessary to amend Council’s Fees and Charges Leaseback of Staff Vehicles rates to also be based on Stars.  However it is not intended to disadvantage any staff member with a leaseback vehicle with this change.  A review has indicated that some staff members who currently attract a lower rate would be in a higher category if the rates is changed to be star based whilst retaining the same vehicle.

Further research is necessary to complete the Leaseback vehicle system holistically (i.e. in the context of the whole policy being developed); accordingly it is recommended that the current system based on litres/100km system continue until the Leaseback policy is adopted by Council.

Consequently it is recommended that the listed rates in Council’s Fees and Charges be as follows - basically the 2009/10 rate with ‘CPI’ added:

Weekly Leaseback (indexed to CPI)

Current Categories

2009/2010 Fee

2010/2011 Fee

=> 9.0litres/100km (large)

$47.90

$49.60

7.5 to 8.9 litres /100km (medium)

$41.20

$42.60

= < 7.4litres/100km (small)

$34.30

$35.50

 

 

Recommendation

THAT Council:

1.    Note the disparity between the litres/100km and Green Vehicle Guide star rating systems.

2.    Adopt Leaseback of Staff Vehicles Categories and Rates as per the report for the 2010/2011 Council’s Fees and Charges.

3.    Receive a further report to May Council in relation to a draft policy for Leaseback Vehicles which addresses the current policy.

 

 

 

ITEM 15 - 2009/2010 MANAGEMENT PLAN - THIRD QUARTERLEY REVIEW TO 31 MARCH 2010

REPORT IN BRIEF

 

Reason For Report

Providing the third quarterly progress report on Council's 2009/2010 Management Plan

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Corporate Management/Planning

Annexures

1.  2009/10 Strategic Plan Review to 31 March 2010    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 176524

 

Administration Manager's REPORT

 

The Local Government Act requires Council to consider a quarterly report on the review of its annual Management Plan.

 

The purpose of this report is to allow Council to assess its performance against its agreed objectives, actions and strategies.

 

The Third Quarterly Management Plan review for 2009/2010 is attached which shows the culmination of the actions and strategies undertaken in the preceding quarter.

 

For this, the third quarterly review, the following items are noteworthy:

 

·    Draft Training & Development Plan approved

·    Official Opening of Waluwin Centre conducted by Parliamentary Secretary of Health

·    $46,000 for funding obtained for training through WBC

·    Version 8 of Council’s record system implemented

·    GIS implemented

·    Seniors Bus Trips conducted

·    PAMP projects included in current budget – Canowindra Pram ramps and path Ryall Street

·    Construction of Molong cycle/walkway in progress – Federally funded

·    Youth Week funding successful

·    Village Strategy meetings completed as per schedule

·    RCLIP projects at practical completion

 

 

 

 

Recommendation

 

THAT, subject to any alterations that the Council deems necessary at the April meeting, the update of the Management Plan to the 31 March 2010, as presented be adopted.

 

 

 

ITEM 16 - 2010/11 DRAFT MANAGEMENT PLAN & BUDGET

REPORT IN BRIEF

 

Reason For Report

To advise Council that a copy of the 2010/11 Draft Management Plan & Budget is to be provided on April Council meeting day and of the need to call Extraordinary meetings relating to the Management Plan/Budget process.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Governance

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 178686

 

Administration Manager's REPORT

 

Council is advised that a copy of the Draft Management Plan (including the Budget) for 2010/2011 will be provided on Council meeting day.

 

In order to consider the Draft Management Plan, Council needs to hold an Extraordinary Council meeting on May Committees meeting day viz. 3 May 2010.  At that time Council would resolve to advertise the Draft Plan inviting submissions.

 

In order to consider submissions received, Council needs to hold an Extraordinary Council meeting on June Committees day viz. 7 June 2010. 

 

Council will consider / adopt the Final Plan at the June Council meeting day viz. 21 June 2010.

 

 

Recommendation

 

THAT Council:

1.  Receive a copy of the Draft Management Plan on April Council meeting day.

2.  Hold extraordinary Council meetings on 3 May 2010 and 7 June 2010 as required for the Management Plan process.

 

 

 

ITEM 17 - Request for Assistance with Legal Costs - Murray Shire Council

REPORT IN BRIEF

 

Reason For Report

To consider a request to assist Murray Shire Council with legal costs incurred

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Local & Regional Liasion

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 175122

 

Administration Officer's REPORT

 

Council will be aware of Local Government & Shires Association’s Legal Assistance Policy which allows for a council to seek the support of the Associations in seeking contributions from all councils with legal costs in a matter that involves a major local government principle, even where the council involved is not so seriously affected by the outcome of the case, that the legal costs associated with pursuing the principle outweigh any other consequence.

 

The Local Government & Shires Association has approved an application by Murray Shire Council for assistance under the Legal Assistance Policy.

 

The case related to a Class 1 application filed in the Land & Environment Court after Murray Shire Council (“Murray Shire”) approved a development application by KSK Development Pty Limited for a tourist development at Moama on the 6 February 2007 subject to conditions. 

 

A third party objector sought a declaration that the development consent was invalid and of no effect due to a failure of Murray Shire to refer the DA to the Department of Planning for concurrence to vary the 60 metre setback from the bank of the Murray River.

 

A further issue in dispute was whether the 60 metre setback should be taken from an identified point referred to by Murray Shire as the high bank or alternatively some other interpretation of the Murray LEP of "bank" or "bed".

 

Murray Shire filed a submitting appearance and the Land and Environment Court found in favour of the third party objector and deemed that the development consent was invalid.

 

KSK Developments Pty Limited lodged a fresh development application with Murray Shire on 13 March 2008.  This was for a tourist development and community land subdivision.  Murray Shire referred the DA to the Department of Planning pursuant to SEPP 1 for concurrence to the variation of the setback from the Murray River.

 

The Department of Planning responded to the referral by indicating that it would not provide concurrence to the sought variation. As a result of this the applicant elected to submit an amended site plan and a second referral was made to the Department of Planning who made an initial response that it was proposing not to provide concurrence to the second referral which the Department eventually confirmed.

 

Murray Shire resolved to approve the new DA on 16 December 2008 with a condition requiring that no building be located within 60 metres of the high bank of the Murray River.  This was to ensure that the setback distance was measured from the high bank in accordance with Murray Shire's interpretation of the Murray LEP.  Prior to this approval, the applicant filed Class One proceedings in the Land and Environment Court and these proceedings stayed on foot to challenge the condition requiring the 60 metre setback from the high bank of the river.

 

A hearing of the preliminary point of law was heard on 2 April 2009 requiring the interpretation of the definition of "bed" and "bank" as defined in the Murray LEP.  The definitions used in the Murray LEP are consistent with definitions utilised in many Local Environmental Plans and used in the Surveying Regulation 2006 and other legislation.

 

The Applicant submitted that the definition of "bed" required the "bank" must be the point where the average or mean water level rested.  Murray Shire submitted that the Applicants' construction of the words "bed" and "bank" were incorrect.  It was asserted that the definition was expansive, not limited only to the definition of the average water level.  Murray Shire relied on the initial words in the definition of "bed" namely "the whole of the soil of the channel in which the river flows...".  Murray Shire argued that these preceding words took precedent and the words following "including" were to be taken as inclusive rather than exclusive of the starting point that the "bed" of the river constitutes the whole of the soil of the channel.

 

A judgement was handed down on 6 April 2009 in relation to the preliminary question of law in the Class 1 proceedings.  The Court noted that the general rule of statutory construction is that words should be interpreted so that all are given their meaning and effect.  The Court reasoned that the "bank" must therefore be identified as a single point.

 

On 9 June 2009 the Class 1 proceedings were discontinued.  Murray Shire contend that the judgement is relevant and capable of providing guidance to all councils that rely on the same or similar terminology relating to setbacks from rivers and other watercourses and the Land and Environment Court has now clarified what has long been a contentious issue for many councils in NSW that adopt similar LEP definitions.

 

Murray Shire state that this was a "test case" whereby the outcome has been of benefit to all councils. The Joint Committee of the Associations have considered that the significance of this decision and it was decided that it was sufficiently important to all councils to warrant the giving of support.  Murray Shire incurred the sum of $34,657.83 in defending its position.  Cabonne Council’s contribution to the legal costs incurred is $179.29.

 

Full details of the judgement can be found at http://www.austlii.edu.au/au/cases/nsw/NSWLEC/2009/43.html

 

 

Recommendation

 

THAT Council contribute $179.29 towards assistance with legal costs incurred in relation to Murray Shire Council.

 

 

 

ITEM 18 - PECUNIARY INTEREST RETURNS - Media & Communcations Officer

REPORT IN BRIEF

 

Reason For Report

To seek endorsement for the Media and Communications Officer as a designated person for Pecuniary Interest purposes.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Governance

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 180696

 

Administration Manager's REPORT

 

Section 449 of the Local Government Act (Act) requires councillors and designated persons to complete a written Pecuniary Interest Return (PIR) and lodge it with the General Manager by 30 September of each year.

 

Designated Persons

 

Designated persons are required to lodge annual returns of interests having regard to issues raised by Department of Local Government Circulars and Pecuniary Interest Guidelines.  These have been lodged for the 2008/2009 year however adding a new position needs to be considered.

 

Designated persons required to make disclosure of interests under Section 441 of the Act are:

 

·     General Managers

 

·     Other senior staff of Council

 

·     Other members of staff and delegates of the Council who are designated by the Council to make such disclosures because of the type of council functions they exercise

 

·     Members of certain council committees who are designated by the council because of the type of council functions exercised by the committee

 

Council’s policy is to also include all staff providing reports to Council to be classified as designated.

 

It is anticipated that the Communications and Media Officer may need to report to Council directly and as such should be added to Council’s designated positions list.

 

 

Recommendation

 

THAT Council endorse the position of Communications & Media Officer as “designated” and therefore incumbents are required to complete a Pecuniary Interest Return.

 

 

 

ITEM 19 - POLICY DATABASE - Building Services Corporation, Amusement Devices, Keeping of Animals and Poultry, Canowindra Lions Club - Lease of Railway Station.

REPORT IN BRIEF

 

Reason For Report

To provide an update that four reviewed policies are recommended for deletion 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 - 174902

 

Administration Officer's REPORT

 

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

1.   Building Services Corporation;

2.   Amusement Devices; and

3.   Keeping of Animals & Poultry - were identified as being obsolete by Council’s Director of Environmental Services; reasons being:

Policy 1 -     Insurance premiums no longer collected since HIH collapse around 1997.  Since then Home Warranty insurance has been handled by a select few insurers where premiums are paid directly by builders to the insurer.  Hence this policy is no longer applicable.

Policy 2 -     This policy deals with Council’s process in dealing with its approval role for amusement devices and is better described as a procedure.  The Local Government (General) Regulation 2005 at Subdivision 5 deals fully with Council’s role and the standards to be met for approval of amusement devices.  Council’s Management Plan sets fees for this service, so there is no need for this policy (really a procedure) to remain in place.

Policy 3 -     As per amusement devices, the Local Government (General) Regulation 2005 applies.  Schedule 2 of the Regulation sets standards enforceable by orders.  Part 5 of this Schedule deals with the keeping of birds or animals.  Division 1 of Part 5 deals with and sets standards for the keeping of swine.  Division 2 of Part 5 deals with and sets standards for the keeping of poultry. Division 3 of Part 5 deals with and sets standards for the keeping of horses and cattle.

Similarly, a policy relating to the Canowindra Lions Club - Lease of Railway Station dating back to 1989 was reviewed and found to relate to a lease between Council and the ARTC on behalf of the Canowindra Lions Club.  It reads:

That Council be responsible for payment of the General Rates on the property to be leased from the State Rail Authority with the Lions Club of Canowindra to be responsible for payment in full of the Water and Sewerage Rates on the property with the situation to be reviewed annually.”

The Lease related to the part of the railway land which has since been subdivided for the Age of Fishes Museum and some buildings including the Goods shed which it is understood is still used by the Lions Club for storage.  As the primary part of the land is now rateable as the Age of Fishes Museum it is recommended that this policy be deleted.

Incidentally, Council has contacted the ARTC with a view to relinquishing the lease and allowing a direct lease between the Lions Club and the ARTC for the goods shed and any other relevant buildings; the ARTC have advised they are agreeable and the Canowindra Lions Club has also been contacted and will discuss this matter at their next meeting on the 12th April, 2010.

 

Recommendation

 

THAT Council:

1.      Delete the Building Services Corporation Policy.

2.      Delete the Amusement Devices Policy.

3.      Delete the Keeping of Animals and Poultry Policy.

4.      Delete the Canowindra Lions Club – Lease of Railway Station Policy.

 

 

 

ITEM 20 - POLICY DATABASE - Waste Collection Districts policy and Scare Guns Policy

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

1.  Draft Waste Collection Districts policy

2.  Draft Scare Guns policy    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 178778

 

Administration Officer's REPORT

 

In keeping with Council’s review of its Policy Database, the following policies:

Waste Collection Districts Policy and Scare Guns Policy, were reviewed and updated.

A draft version of each policy is annexed and recommended for adoption.

 

Recommendation

 

THAT Council:

1.      Adopt the draft Waste Collection Districts Policy; and

2.      Adopt the Draft Scare Guns Policy.

 

 

 

ITEM 21 - COMMUNITY SERVICES COMMITTEE MEETING

REPORT IN BRIEF

 

File Number

176225

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 6 April 2010 for Council’s adoption.

 

 

Recommendation

 

THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 6 April 2010 be adopted.

 

 

 

 

ITEM 22 - 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 & Tourism Committee    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 176226

 

Economic Development Manager's REPORT

 

Attached is the report of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 6 April 2010 for Council’s adoption.

 

 

Recommendation

 

THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 6 April 2010 be adopted.

 

 

 

ITEM 23 - BELLS LINE EXPRESSWAY GROUP

REPORT IN BRIEF

 

Reason For Report

Requests support for the road over the Blue Mountains

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Governance

Annexures

1.  2010 Mar-12950.pdf    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 176531

 

Director of Engineering and Technical Services' REPORT

The Bells Line Expressway Group met in February and resolved to seek CENTRC councils support for the Bells Line Road by writing to NSW and Australian Government and Opposition to support the proposed Bells Line Expressway

 

Recommendation

THAT Council write to the relevant NSW and Australian Government and Opposition Ministers and Shadow Ministers seeking support of the Bells Line Expressway.

 

 

 

ITEM 24 - Molong Creek and Water Supply

REPORT IN BRIEF

 

Reason For Report

Report to Council the outcome of the meeting of the Molong Creek Stakeholders and interested parties.

Policy Implications

nil

Budget Implications

nil

Area of Responsibility

water supply

Annexures

1.  Minutes for water meeting.doc    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 178733

 

Director of Engineering and Technical Services' REPORT

 

A well attended meeting was held on Wednesday 31 March to discuss the Molong Creek and Molong Water Supply issues.

 

The Mayor opened the meeting and provided an over view of the problems facing water utilities and specifically water security, commenting on the CENTROC water security study and the “Lake Rowland” option.

 

Reference is made to the detailed minutes of the meeting in attachments and list of attendees. Those who registered prior to the meeting were invited to speak to address their issue. This was followed by issues raised from the floor. Discussion on the various matters was conducted in a constructive manner, informative and contributed to some worthwhile discussion.

 

A fact sheet was also tabled providing some background and information on the creek and water supply, copied below for information.

 

FACT SHEET

 

TOTAL CATCHMENT AREA APPROXIMATELY        110 Sq KM

LAKE CANOBOLAS

-     Storage = 450ML

-     Catchment = 21.5 Sq KM

BORENORE DAM

-     Storage = 227 ML (reduced by build up of silt)

-     Catchment = 20 Sq KM

-     Built 1928

-     Raised 900mm, 1943

-     Original storage 325 ML

 

MOLONG CREEK DAM

-     Storage 1000 ML

-     Catchment 70 Sq KM

-     Built 1986 – Molong Water Supply

-     License 80 SL 44703 provides conditions

 

CURRENT LEVEL (STORAGE) IN MOLONG DAM 65-70%  (650 – 700ML)

 

WATER LEVEL AND QUALITY

-     Checked weekly

 

ANNUAL DEMAND (MOLONG WATER SUPPLY)

-     Average Annual Consumption

-      1989 – 2007 + 302 ML

MIN 223 – MAX 400

 

-     1998 DPWS Capacity Study predicted 385 ML for 2011.

It is noted that since introduction of best practice (user pays) consumption dropped significantly.

 

SECURE YIELD

-     1998 DPWS Study estimated;

MOLONG DAM  - 350 ML (this allowed for storage built up stream post dam construction.

BORENORE DAM - 30 ML – 110 ML depending on riparian releases.

 

PRE MOLONG CREEK DAM EXTRACTIONS (DPWS 1998)

-     Total No of dams – 243 including

129 – stock

113 – irrigation/domestic

+ Lake Canobolas.

-     Total extraction 1454.4 ML/a.

-     Represents 18.6 % of mean annual predicted stream flow of 7800 ML.

 

POST MOLONG DAM EXTRACTIONS

-     27 dams constructed since construction.

-     7 stock

20  irrigation

-     Total extraction 263.6 ML

 

TOTAL SURFACE WATER EXTRACTIONS/LOSS WITHIN THE MOLONG CATCHMENT ESTIMATED AT 22% OR 1718 ML/A

 

PUMP LICENCES

-     At the time of the DPWS Report (1998) irrigation licenses on unregulated streams operated on an area basis

-     Total irrigation licence = 400 ha

 

MOLONG CREEK

Stressed Rivers Assessment Report 1998 (NSW State Summery)

This report identifies Molong Creek and tributaries as having an overall Stress Classification of SI.

-     SI category shows high environmental stress, “water extraction is likely to be contributing to environmental stress”.

 

Aquifer Risk Assessment Report 1998 NSW DLWC (NSW Water Reform)

-     Molong Limestone aquifer is identified as high risk

-     Criteria against which aquifers were assessed includes:

o Licensed entitlements, sustainable yield             (Average)

o Local interference effects                                      (Low)

o Systems flows                                                         (High)

o Vulnerability to pollution                                         (Low)

o Land-use threats                                                     (High)

o Poor quality water adjacent to aquifer                 (Low)

o High water levels and salinity                                (High)

o Ground water dependent eco systems               (High)

 

The meeting put forward six recommendations for council to consider and are contained in the recommendation below.

 

With regard to the 1st recommendation, release of water from Borenore Dam, staff have arranged for the Fisheries Inspector to have a look at the dam while in the area (meeting at Ophir Reserve) and provide advise on this proposal.

 

 

Recommendation

 

THAT Council adopt the resolutions of the meeting as listed below;

 

1.   Council to consider release from Borenore Dam for environmental flow. Release to be monitored to establish volume required to “pulse” down stream to Molong.

2.   Council to investigate the extent of water extraction from the Molong Creek & Tributaries catchment to the junction with Bell River. The investigation to include dams, pumps and bores.

3.   Council to consider existing residents outside the village area who may also wish to connect to raw water supply when reviewing its water supply policy.

4.   That Council Not “Sell” water from Borenore Dam.

5.   Cabonne Council to write to OCC asking for the REF currently being prepared for Lake Canobolas (water supply to Orange) to consider environment flows below Lake Canobolas and the protection of riparian nights.

6.   Council writes to all those people and organizations who registered an item for the meeting thanking them for their interest in this matter.

 

 

 

 

ITEM 25 - 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 - 178735

 

Director of Engineering and Technical Services' REPORT

Attached herein is the report and recommendations of the Works Committee meeting of Cabonne Council held on Tuesday 6th April, 2010.

 

Recommendation

 

THAT the report and recommendations of the Works Committee held on Tuesday 6th April of Cabonne Council be adopted.

 

 

 

 

ITEM 26 - QUARRY COMMITTEE MEETING MINUTES

REPORT IN BRIEF

 

Reason For Report

Adoption of the Quarry Committee Meeting Recommendations

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Governance

Annexures

1.  Report of the Quarry Review Committee    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 178737

 

Director of Engineering and Technical Services' REPORT

 

Attached herein is the report and recommendations of the Quarry Review Committee of Cabonne Council held on Tuesday 6th April, 2010.

 

 

Recommendation

 

THAT the report and recommendations of the Quarry Review Committee held on Tuesday 6th of Cabonne Council 2010 be adopted.

 

 

 

 

ITEM 27 - Moorbel Hall

REPORT IN BRIEF

 

Reason For Report

Seeking Council endorsement of proposed S355 Committee for Moorbel Hall

Policy Implications

Consistent with Council policy

Budget Implications

No budget implications

Area of Responsibility

Engineering

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 175232

 

Urban Assets Coordinator's REPORT

Approximately four years ago an informal hall committee was formed to care for the hall when it was likely that Council would close it.  The committee has been active since then and has carried out maintenance work such as painting and repairs to the roof and walls.  The committee has also been active in promoting use of the hall for various functions and has succeeded in increasing patronage.

It has come to Council’s attention that the committee was never officially authorised as a S355 committee and Council’s authorisation is now sought.  The current committee office bearers and committee members are listed below.

Office Bearers                                                 

President                              Michael Britt

Secretary                              Regina Britt

Treasurer                              Warwick Bowd

Publicity Officer                   Pat Grimshaw

 

Committee Members                                      

Robert Grimshaw                Lorraine Rue

Vicky Murphy                       Rosemary Colclough

Mervyn Murphy                   Jean Walker

Janice Grimshaw                Julius Szedlak 

 

Recommendation

THAT subject to not receiving direction from the Council as to the consideration of any particular matter by the Council itself and subject to the requirements of the Local Government Act 1993 and Regulations thereunder and any express policy of the Council or regulations of any public authority other than the Council and pursuant to the powers conferred on Council by s377 of the Local Government Act 1993, the Moorbel Hall Committee be authorised to exercise or perform on behalf of the Council the powers, authorities, duties and functions as follows:

·    the care, control and management of Moorbel Hall.

 

 

 

ITEM 28 - Cabonne Council caravan parks future management

REPORT IN BRIEF

 

Reason For Report

Informing Council of current management situation and seeking direction for future management.

Policy Implications

Seeking policy clarification

Budget Implications

Nil

Area of Responsibility

 Urban Assets Coordinator

Annexures

1.  Caravan Park Management Options

2.  Profit  Loss Caravan Parks 1 .7.2009 to 27-1-2010.pdf    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 175664

 

Urban Assets Coordinator's REPORT

This report briefly outlines the current situation regarding park management, highlights some issues and outlines some management alternatives for consideration.

BACKGROUND

Council has three caravan parks at Molong, Canowindra and Cudal. The parks have been in existence for around forty years. Council makes a nett loss each year in maintaining the parks in their current form. The 2010/11 draft budget shows a net cost of $143,983.

The parks currently serve two functions, short term casual tourist accommodation and long term “last resort” accommodation. The total number of long term “last resort” tenants is currently around eight for all three parks.

The parks are best described as small, low key parks. They are not tourist parks in the sense of being high end holiday parks and generally attract short term through traffic as well as having small numbers of permanent residents. Seasonally, they also attract back packers who arrive for picking fruit on nearby orchards.

Marketing the parks as something more than they are is problematical as there are few attractions in the area that are unique or that elevate the parks above others of similar size and standard in the central west.

OPERATION AND MANAGEMENT

Each park is managed in a different way.

Cudal has an unpaid voluntary manager.

Canowindra has a paid manager working under a three year contract which expires in November 2010.

Molong had a paid manager (under extension of a lease) however the manager recently resigned from the position. The manager’s daughter is working as caretaker until the 9th April. An interim arrangement in some form will prevail after this date but there is now a degree of urgency in determining a long term management solution.    

It should be noted that approximately two years ago Council advertised for tenders for management of the Molong Caravan Park under a three year contract attracting two expressions of interest. One later withdrew and negotiations with the other, the current Manager failed to reach agreement.

The classification of the land on which the parks are situated also varies. Cudal and Canowindra parks are on Crown land while the Molong Park is on Council owned operational land.

It was proposed around ten years ago to close the Cudal Park. Mr. Don Dean, then a Council employee at the time, volunteered to take over as caretaker of the park. This arrangement has continued even though Don has now retired from paid Council work. Council needs a management strategy in place for the future when Don retires from his voluntary position. Council is unlikely to find another volunteer replacement and costs associated with a paid replacement would make the park even less economically viable.

Another caretaker option has been tried at all three parks at various times. The option was to provide a permanent resident with free site accommodation in return for taking care of the grounds and amenities and generally managing the park. This was unsuccessful on all occasions. The reason is that the resident/manager has a strong incentive to reduce patronage, not increase it, as reduced patronage means less work. In all instances the parks deteriorated quite badly. This management option is definitely not recommended.

An option that has also been considered in the past is the privatisation of the parks by leasing out or selling them entirely. This is the most desirable option but may be unlikely to occur due to the small size of the parks and their apparent lack of financial viability.

ISSUES

It is recognised that there may be some potential benefit to local commerce generated by people staying in the parks. There is only anecdotal evidence of the extent of this commercial benefit to each town and no firm evidence can be presented to substantiate any specific level of commerce.

It is recognised that Council currently plays a role in the provision of “last resort” accommodation. “Last resort” accommodation is generally sought by those with insufficient means to obtain higher standard housing. The general appearance of the parks is sometimes compromised by the standard of presentation offered by “last resort” accommodation. Council is attempting to market the parks for tourist accommodation as well as attempting to maintain “last resort” accommodation. There are problems in reconciling the two.

Council is attempting to maintain three parks in three relatively small towns. Each is in partial competition with the others as only around 30 to 40 kilometres separates Molong from Wellington and Cudal, and Cudal from Canowindra. Stronger competition is also provided by larger more modern parks in regional centres like Forbes, Cowra and Orange with a greater range of facilities and attractions on offer.

If Council was unable to provide “last resort” accommodation space in its parks it is anticipated that the permanent residents would easily relocate to these nearby regional centres.

 An issue affecting all the parks is the age and state of the facilities. The toilet and shower blocks are functional but are as old as the parks. Canowindra has a reduced number of powered sites due to a power leakage problem and a section of the sewer in the park needs to be replaced. The two projects need to be done together and $30,000 is sought for the 2010/2011 budget. When completed this work will provide more powered sites than at present but as the park has always run at a nett loss this cost is unlikely to be recouped.

Council parks face increasing competition for patronage from the changing nature of caravans and recreational vehicles. Many now are fully self contained and have their own power, toilets and showers reducing demand for traditional park sites such as those offered by Council.  Council parks also face competition for patronage from localities where less costly basic toilets and showers may be accessible such as some showgrounds.

OPTIONS

Before considering the future management options for Council’s Caravan Parks, Council needs to answer the following:

1.   Is there a need to provide caravan park facilities?

2.   What is the level of service to be provided?

3.   Is there a significant impact on the local economy and is it sufficient to the impact on the decision of Council?

4.   Is the cost to the budget significant?  What would be considered to be an acceptable loss?

The preferred options (as shown in the matrix) are;

1.   Privatise the parks, sell or lease out.

Comment – Cost neutral to council, however highly unlikely.

2.   Maintain basic facilities using an honesty based system, no caretaker,

 maximum stay 24 Hrs or longer if issued with permit.

Comment – Reduces losses, basic park facilities maintained, achievable.

3.Maintain parks as 24 Hr rest stop, primitive site amenity ( toilet only).

Comment – reduce losses, no powered sites, no showers, possible.

4.Pay Council employee to maintain amenities and manage keys and fees.

Comment – difficulty in finding suitable employee, still incur losses.

5.Business as usual – Managed parks with full amenities including long

 term and cabins.

Comment – will continue to have significant losses.

The local showgrounds might reasonably provide an additional short term casual accommodation option for the towns if the caravan parks were scaled back to 24 hour rest stops.

Some showgrounds already provide accommodation for occasional events, for example Molong showground during the sheepdog trials. During the March 2010 sheepdog trials event approximately fifteen vans were counted at the showground. The Molong Show Society has demonstrated a willingness to open the showground site to short term visitors and has successfully demonstrated experience in managing these visitors. Expansion of this accommodation capability would not involve additional infrastructure as toilets and showers are already in place.

The Molong showground experience with occasional event accommodation could be a template for opening the showground facilities permanently for casual short stay visitors and serve as a model for other show societies to emulate. The show ground committees would obtain much needed additional income providing that they were willing to undertake this function.

Briefly, the assumed benefits of scaling back the parks’ functions could be:

·    reduced financial losses to Council

·    retention of local commerce related to visiting caravans

·    greater use of showground facilities and amenities

·    Increased income to show committees for showground improvements.

 

 

Recommendation

 

THAT:

1. Council lease out all of the parks on a 5 year lease.

 

2.In the event that no leaseholders can be found operate the                   parks on a reduced level of service to minimise costs.

 

 

 

 

 

ITEM 29 - Morris Park, Canowindra

REPORT IN BRIEF

 

Reason For Report

Grant to Canowindra Garden club from Canowindra Town Improvement Fund for maintenance of rose gardens

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 - 174827

 

Urban Assets Coordinator's REPORT

 

The Canowindra Garden Club has written to Council seeking a contribution from the Canowindra Town Improvement fund for the maintenance and upkeep of the gardens at Morris Park.

The Canowindra Garden Club has been active in the upgrading and maintenance of the ornamental rose gardens and attends to the pruning, spraying and mulching of the roses. This work has been performed by club volunteers who have purchased their own materials.

The Garden Club is small and the volunteers are mostly drawn from the older members of the community who are finding it increasingly harder to perform the desired garden maintenance and find funds to support their efforts.

The letter written to Council does not include details of the amount requested but in a follow up phone call an amount of $500 was the amount specified.

The Canowindra Town Improvement Fund has been generally retained for larger style works in the town such as the recently installed lighting pylons at the sports ground, for example.

A donation from the Canowindra Town Improvement Fund for relatively small works like the rose gardens would set a precedent and may result in multiple requests from numerous community groups for funding.

Community groups seeking funding for small items should be encouraged to apply for CIP funds which are a more suitable source.    

 

Recommendation

 

THAT Council not approve funding from the Canowindra Town Improvement fund and that the garden club is encouraged to apply for CIP funding instead.

 

 

 

 

ITEM 30 - Canowindra Men's Shed lease on old Canowindra scout hall

REPORT IN BRIEF

 

Reason For Report

Current lease has expired and the Men's Shed wishes to renew the lease under previous terms

Policy Implications

No policy implications

Budget Implications

No budget implications

Area of Responsibility

Engineering

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 174802

 

Urban Assets Coordinator's REPORT

The Canowindra Men’s Shed has been leasing the old Canowindra Scout Hall for the past three years and the lease has now expired.  The Men’s Shed wishes to renew the lease for another three years under the same terms and conditions.

The previously agreed terms and conditions were that in return for specified works being completed by the Men’s Shed Council would donate the cost of a number of fees and charges.  These fees and charges were as follows;

1       Cost of general rates

2       Household garbage service and sewer charge

3       Water access charge if Central Tablelands Water does not agree to waive charges

4       Rent

The works agreed to by the Men’s Shed were as follows;

1       Removal of non structural partitions

2       Repairs to broken windows

3       Repairs to external light fittings

4       Removal of chain link fence

5       Interior and exterior painting

6       Completion of shower and toilet facilities

7       Construction of disabled access ramp

8       Securing of metal roof

9       Repairs to exterior walls

10     Ongoing maintenance of building and grounds

Of the works listed above only items 6 and 7 remain uncompleted.  The Men’s Shed currently has plans for the final completion of these outstanding works.

When the original lease was prepared it was signed by NSW Health on behalf of the Men’s Shed.  NSW Health is no longer involved. The Men’s Shed is now an incorporated body and can sign the lease without health department involvement.

In preparation to signing the lease the Men’s Shed has secured its own public liability insurance.

The Men’s Shed performs an important social function in Canowindra. It provides ongoing benefits for the older male members of the community through craft activities and social interaction.  The Men’s Shed also maintains this Council building which would otherwise deteriorate through absence of use.

Council authorisation is now sought to renew the lease for another three years under the same terms and conditions as before, as outlined above, and authorisation for the General Manager to sign the lease and affix Council’s seal.

 

Recommendation

 

THAT Council authorise the General Manager to affix Council’s seal and sign the three year lease for the Canowindra Scout Hall from expiry of the previous lease.

 

 

 

 

ITEM 31 - Canowindra and Molong Swimming Pools

REPORT IN BRIEF

 

Reason For Report

Authoristation is requested to advertise for tenders for three year contracts.

Policy Implications

No policy implications

Budget Implications

No budget implications

Area of Responsibility

Urban Assets Coordinator

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 176881

 

Urban Assets Coordinator's REPORT

 

The three year contracts for the operation and management of the Canowindra Swimming Pool and the Molong Swimming Pool have now expired.

 

Council authorisation is now sought to advertise for tenders for the management of the pools for the 2010 - 2011, 2011 - 2012 and 2012 – 2013 swimming seasons.

 

 

Recommendation

 

THAT tenders for the operation and management of the Canowindra Swimming Pool and the Molong Swimming Pool for the 2010 – 2011, 2011 – 2012 and 2012 – 2013 be advertised.

 

 

 

 

ITEM 32 - Cabonne Council caravan park committee meeting

REPORT IN BRIEF

 

Reason For Report

Submission of minutes for noting

Policy Implications

No policy implication

Budget Implications

No budget implication

Area of Responsibility

Engineering

Annexures

1.  Minutes of the Cabonne caravan park committee meeting of 3rd February 2010    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 175455

 

Urban Assets Coordinator's REPORT

 

Attached are the minutes of the Cabonne Council caravan park committee meeting of Wednesday 3rd February 2010 for noting.

 

 

Recommendation

 

THAT the minutes of the Cabonne Council caravan park committee meeting be noted.

 

 

 

 

ITEM 33 - 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 - 178803

 

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.

 

 

 

ITEM 34 - Development Application 2010/124 for a proposed Shed at Lot 7 in Deposited Plan 1966422, Jason Street (off Speedy Street), Molong.

REPORT IN BRIEF

 

Reason For Report

Determination

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Development

Annexures

1.  Site and Elevation Plans

2.  Draft Conditions of Consent    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 178739

 

Manager Building and Environment's REPORT

 

The Application

 

Council’s consent is sought for a storage shed 20.38m long and 9.0m wide with wall height of 3.0m and a skillion extension on one side 4.0m wide and 10.0m long. Both walls and roof of the shed are to be finished in colorbond steel. The total height of the shed is to be 4.2m above floor level.

 

The Site

 

The site can be described as a rural residential locality. It currently occupies an area of 3.04 ha, but Council has granted consent for this area to be subdivided into four smaller allotments.

 

It slopes gently to the north and has an established grass cover with the east and southern boundaries planted to a photinia trees at about 2m spacing which are currently about 1m high. Additional planting of plane trees will ensure the site is well screened from neighbouring properties.

 

MATTERS FOR CONSIDERATION

 

Section 79C of the Environmental Planning and Assessment Act 1979 requires Council to consider various matters, of which those pertaining to the application are listed below.

 

PROVISIONS OF ANY ENVIRONMENTAL PLANNING INSTRUMENT s79C(1)(a)(i)

 

Cabonne Local Environmental Plan 1991 (Amended)

 

Objectives of the 1(c) Rural Small Holdings

 

The objective of this zone is to promote the development of land identified as suitable for rural residential or hobby farm development.

 

The development meets the objectives of the 1(c) Rural Small Holdings Zone.

 

 

 

 

Regional Environmental Plans

 

There are no Regional Environmental Plans that apply to the subject land.

 

State Environmental Planning Policies

There are no known Koala habitats on the subject land. The land is predominantly cleared.

 

Provisions of any draft Environmental Planning Instrument that has been placed on exhibition s79C(1)(a)(ii)

 

There are no draft plans that apply to the subject land.

 

Provisions of any Development Control Plans s79C(1)(a)(iii)

Development Control Plan No.6 Rural Small Holdings- applies to this development. The objectives are considered as follows:

 

The general aim of this Plan is to ensure the aims and objectives of the LEP are achieved and in particular;

 

·    To protect established agricultural practices on adjoining agricultural lands,

·    To provide clear guidelines for provision of services without placing financial burdens on other residents and to ensure that natural resources are protected,

·    To enable other forms of development to be carried on provided such uses are in keeping with the rural character of the locality and are compatible with existing or likely future rural residential uses,

·    To protect and conserve land identified as environmentally sensitive, and

·    To encourage development which is of a high quality and which enhances the character and function of the rural countryside.

 

Clause 4.2 of DCP No 6 provides that dwellings and associated buildings, garages, tanks etc are to be sited so as to maintain the rural character of the countryside and further that dwellings should only be sited less than 20m from boundaries in exceptional cases.

 

It is proposed to locate the shed only 15m from both the west and southern boundaries of the site.

 

Adjoining land owners have been consulted and neither of them have any objections to this proposal.

 

The DCP also provides that on allotments smaller than 2 ha, siting less than 20m from boundaries be allowed provided it is in a low fire hazard area. This site is not bush fire prone.

 

The proposal is considered consistent with Development Control Plan No 6 Rural Small Holdings.

 

Planning Agreements

There is no Planning Agreement that applies to the subject land.

 

Provisions prescribed by the Regulations s79C(1)(b)

The proposal does not contravene the regulations.

 

Likely Impacts of the Development s79C(1)(b)

 

Visual Amenity

 

As stated above, the proposal, though less than 20m from boundaries, will be well screened from adjoining lands and no objection has been raised to its proposed location. The applicant was encouraged to orientate the building so as to minimise the required earthworks and thus reduce the visual impact.

 

Heritage

 

The subject land is not identified as an item of environmental heritage, or located within a heritage conservation area.

 

Access and Traffic

 

Access is via an established gravel road provided as part of the approved subdivision and is adequate for the proposal. Traffic generation will be minimal as the building is the first stage of a proposed residential development with one dwelling.

 

Effluent disposal

 

The site is considered suitable for septic tank effluent generated by a single family. Absorptive capacity of the soil and site area available are adequate.

 

Water supply

 

It is proposed to install a 90,000 litre rainwater tank for future use once the dwelling is constructed. This provision meets Council’s requirements.

 

Contamination

 

There are no known sources of contamination in the area.

 

Stormwater

 

Stormwater drainage would be provided via the following:

·    Appropriate erosion and sediment control devices;

·    Irrigation storage areas; and

·    Overland via natural flow.

 

 

 

Social and Economic Impact

 

The proposed development is unlikely to generate negative social or economic effects to the surrounding areas. The development will not place an unacceptable economic impact on the community for servicing, with the cost of any extension required being carried by the developer.

 

The public Interest

 

The proposed development is considered to be of minor interest to the wider public due to the relatively localised nature of potential impacts.

 

Suitability of the Site for the Development

There are no particular known natural or manmade hazards which would render the site unsuitable for the subdivision.

 

BCA Requirements

 

The proposal will meet all requirements of the BCA.

 

Internal Referrals

 

The application was referred to the following:

 

Town Planning

No requirements

 

Development Engineer

Usual access requirements.

 

External Referrals

Nil.

 

SUMMARY

The proposed development is permissible with the consent of Council. The development complies with the relevant aims, objectives and provisions of the LEP. A section 79C assessment of the development indicates that the development is acceptable in this instance. Attached is a Draft Notice of Approval outlining a range of conditions considered appropriate to ensure that the development proceeds in an acceptable manner.

 

 

Recommendation

 

THAT the development application be approved with standard conditions.

 

 

 

ITEM 35 - CONDITIONS OF CONSENT - DA 2007/138 - FOR A SEVEN (7) LOT SUBDIVISION OF LOT 245 DP 756890 AND LOT 1 DP 591097, KANGAROOBIE ROAD, MARCH

REPORT IN BRIEF

 

Reason For Report

For determination

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 - 178880

 

Director of Environmental Services' REPORT

 

The Environmental Services and Sustainability Committee at its meeting of 6 April 2010 resolved to approve DA 2007/138 for the subdivision of land described as Lot 245 DP 756890 and Lot 1 DP 591097. The resolution required the access for proposed Lot 5 within the subdivision to be provided via a Crown Road off Mulyan Road. The resolution as adopted however refers to the draft conditions of approval as attached to the planning report. IT should be noted that the draft conditions of consent related to a specific option as outlined in the planning report. The draft conditions of consent require access to proposed Lot 5 via Smith Road and a Crown Road.

 

To enable the Committee’s resolution to be implemented it will necessary to amend the draft conditions of consent to delete condition 28 as this condition specifically relates to the construction of Smith Road and the associated provision of vehicular access for proposed Lot 5 over this roadway.  Condition 27 will also require amendment as it relates to the construction of the unformed Crown road located north of Lot 220 DP 756890. This condition should refer instead to the unformed Crown Road located to the south of Lot 220 DP 756890.

 

A resolution of Council is required to enable the amendments to be made to the draft Notice of Consent and the subsequent issuing of the Notice of Approval for DA 2007/138.

 

 

Recommendation

 

THAT:

 

1.  The report be noted, and

2.  Council implement the Environmental Services and Sustainability Committee’s resolution relating to the seven lot subdivision of land described as Lot 245 DP 756890 and Lot 1 DP 591097 that draft Condition 28 be deleted and draft condition 27 be amended to refer to the Crown Road reserve located south of Lot 220 DP 756890.

 

 

   

 

Yours faithfully,

 

 

GLP Fleming

GENERAL MANAGER


Item 4 Ordinary Meeting 19 April 2010

Item 4 - Annexure 1

 


























 


Item 4 Ordinary Meeting 19 April 2010

Item 4 - Annexure 2

 




 


Item 4 Ordinary Meeting 19 April 2010

Item 4 - Annexure 3

 




 


Item 7 Ordinary Meeting 19 April 2010

Item 7 - Annexure 1

 


 


Item 8 Ordinary Meeting 19 April 2010

Item 8 - Annexure 1

 

 

 

LOGO

 

 

LOGO

 
 

 

 

 

 

 

 

 

 

 

 


Memorandum of Understanding

 

 

Between

 

ABC City Council

 

 

and

 

BCD Council

 

 

 

 

for the

 

NSW Weeds Action Program

 

2010 - 2012

 

 

 

 

 

Version 1: March 2010


Item 8 Ordinary Meeting 19 April 2010

Item 8 - Annexure 1

 

 

 

TABLE OF CONTENTS

 

                                                                                  Page

 

Overview                                                                           3

 

Program Outline                                                               3

 

1.  The Parties                                                                  4

 

2.  Purpose of the Memorandum                                            4

 

3.  Council Roles and Responsibilities                                   4

 

        3.1  Program Management                                     

        3.2  Program Steering Committee                                 

        3.3  Program Team                                                  

        3.4  Program Delivery                                              

        3.5  Promotion and Communication                       

        3.6  Data and Evaluation                                         

 

4.  Intellectual Property                                                           5

 

5.  Publicity                                                                       6

 

6.  Insurance                                                             6

 

7.  Indemnity, Disclaimer and Warranties                       6

 

8.  Term of Agreement                                                     6

 

9.  Accuracy of Information                                              6

 

10. Confidentiality                                                     6

 

11.  Key Representatives                                                7

 

12. Decision Making                                                         7

 

13.  Dispute Resolution                                                    7

 

14.  Governing Law                                                          7

 

15.  Interpretation                                                     7

 

MEMORANDUM OF UNDERSTANDING

 

This memorandum of understanding is made on …….… (day)……….……(month)…………(year)

 

BETWEEN

 

(ABC) City Council                 (ABC)

AND

(BCD) Council                        (BCD)

 

 

 

OVERVIEW

 

(ABC) City Council and (BCD) Council have formed an alliance to undertake a regional project funded by the NSW Government under the NSW Weeds Action program. This alliance is part of a broader Regional Alliance between a range of parties to deliver the ……………………. (project name). The other parties involved in the Regional Alliance are (CDE) Shire Council and (EFG) County Council.

 

Each of the parties has allocated appropriate resources to undertake the program and will in collaboration seek further alliances with other key stakeholders, as well as local businesses and communities to address both institutional and community change in relation to weed management.

 

PROGRAM OUTLINE

 

The NSW Weeds Action Program is a NSW Government initiative under the NSW Invasive Species Plan to reduce the impact of weeds.

The NSW Weeds Action Program replaces a range of noxious weed grant programs provided by the NSW Government to local and public authorities, and trustees of reserves and commons. The NSW Weeds Action Program will target these funds to ensure that local weed control authorities and other key stakeholders meet the NSW Invasive Species Plan targets for weed management.

The NSW Weeds Action Program plans to:

·    identify and manage high risk weed species and entry pathways;

·    develop and implement early weed detection capabilities;

·    assist in the timely detection of new weed incursions;

·    affect a quick response to eradicate or contain new weeds;

·    identify and prioritise weed management programs to where benefits are greatest;

·    provide effective and targeted on-ground weed control;

·    increase community acceptance of, and involvement in, effective weed management;

·    integrate weed management into education programs;

·    improve the knowledge base for weed management;

·    monitor progress of the NSW Invasive Species Plan’s implementation; and

·    encourage the use of cost-sharing arrangements


1.       THE PARTIES

 

          1.1     For the purpose of this Memorandum of Understanding the Parties are:

 

                   (ABC) City Council

                   (BCD) Council    

                  

          1.2     The Lead Agency is ……………………………….. (Lead Agency) 

 

2.       PURPOSE OF THE MEMORANDUM

           

            This document sets out the principles that the Parties wish to adopt in undertaking the ……………………….. (project name). This includes the development of …………………… (project activity), and the implementation of ………………… (project activity) and other associated projects undertaken individually or in collaboration by the councils. 

 

This Memorandum of Understanding (MoU) is drafted on the basis that each Party:

 

·          values the other Party's expertise;

 

·          is committed to working co-operatively and building productive partnerships with the other partners to pursue the Program outcomes;

 

·          seeks to understand and accommodate the other Party's interests and the parameters within which they work; and

 

·          approaches the arrangement in a spirit of goodwill and trust. 

 

3.         ROLES AND RESPONSIBILITIES

 

            3.1  Project Management

 

                        3.1.1    The Lead Agency (……………… (Lead Agency)) will lead the day-to-day management of the project and will be the contact for Industry and Investment NSW (I&I NSW) for all matters arising from the project. 

 

3.1.2    The Lead Agency (……………… (Lead Agency)) will oversee the co-ordination of the project, including the preparation of all necessary financial and progress reports for submission to I&I NSW.

 

3.1.3    The Parties commit to complete the tasks and meet deadlines as outlined in the ………………….. (project plan).

 

3.1.4    The Parties undertake to provide all information as necessary for preparation of all reports (as required) in a timely manner to ensure project timelines and budgets are adhered to.

 

3.2  Project Coordination Team

 

3.2.1    Each Party will nominate a suitable staff member to act as a key representative on the ‘Project Coordination Team’. The Project Coordination Team will include representatives from all Parties involved in the ……………….. (project name).

 

3.2.2    Each Party shall invest in their representative the necessary authority to make day to day decisions on the implementation of activities associated with the project as detailed in the agreed ……………. (project plan)

 

3.2.3    The role of the Project Coordination Team includes providing strategic direction for the project and monitoring the progress against the business plan and its associated budget. 

 

3.2.4    Project Coordination Team representatives will participate in regular meetings. If the named representative cannot attend an alternative must attend who has the necessary authority to make decisions in the representative’s absence.

 

3.3            Project Delivery

 

                            Each Party agrees to:

 

3.3.1    collaborate in the development of all relevant project documents (eg project plan, progress reports, final report, specific project activity reports, etc), including working to gain corporate support for these documents within their organisation

 

3.3.2    collaborate in the identification and enrolment of participants for the participatory engagement aspects of the project

 

3.3.3    provide timely comments and/or approvals regarding any drafts of documentation and educational materials; and

 

3.3.4    provide regular reports to the respective Parties, other Parties to the ……………………….. (project name), and the ……………. (Regional Weeds Advisory Committee) on program progress to enable appropriate acquittal of the program to I&I NSW. 

 

          3.5     Promotion & Communication

 

          Each Party agrees to:

 

3.3.1    promote the project through regular, agreed content media releases, which are to be developed by the Project Coordination Team

 

3.3.2    provide assistance where necessary with supplementary events and workshops related to the project; and

 

3.3.3    acknowledge all other Parties to the …………….. (project name) as key partners of the project and to display the logos in all related promotional material where appropriate.

 

          3.6     Data and Evaluation

 

          The Parties agree to:

 

                   3.4.1 assist in the development of criteria for the evaluation of the project;

 

3.4.2    provide confidential and impartial treatment of data generated by participating Parties.

 

3.7  Specific Roles and Responsibilities

 

3.7.1    The specific roles and responsibilities for the Lead Agency are outlined in Appendix A

 

3.7.2    The specific roles and responsibilities for each other Party are outlined in Appendix B

 

 

4.       INTELLECTUAL PROPERTY

 

4.1       Intellectual Property brought to the project shall vest in and remain vested in the originator of that material (Originating Party). The other parties may use that Intellectual Property for the sole purpose of the project.  On the termination of the MoU, those Parties must cease using the Intellectual Property and return any document or other material containing the Originating Party's Intellectual Property to the Originating Party. 

 

4.3       Intellectual Property in material brought into existence during the term of this project is to be shared by the Parties upon its creation and such material may be used on an ongoing basis by each of the Parties.

 

5.       PUBLICITY

 

          Each Party agrees that the other Party may:

 

5.1       engage in the publication of articles, press releases, papers or commercial promotions to publicise the project.

 

6.       INSURANCE

 

6.1       Each Council shall be responsible for effecting and maintaining its own insurances as follows :

 

·    all insurances required under worker’s compensation legislation;

 

·    Public liability insurance in relation to all premises and sites on which the project is carried out for all works and activities undertaken for the program.  This insurance shall be for an amount of at least $10,000,000;

 

·    a policy of insurance for professional indemnity liability arising out of or in connection with the project for an amount of not less than $10,000,000.

 

7.       INDEMNITY, DISCLAIMER AND WARRANTIES

 

7.1       Each party releases and indemnifies the other Parties, its officers, employees, agents and contractors and agrees to keep then indemnified from and against any claims, liabilities losses (including reasonable legal costs and expenses), damages, costs and expenses arising out of the Council's actions or omissions in relation to or as a result of the project, the Council's delivery of the project or the project’s operation.

 

8.       TERM OF AGREEMENT

 

8.1       This MoU is entered into on the date of signature by the three Councils and is in effect for the duration of the project. This will end upon the acceptance by I&I NSW of the final report. 

 

9.       ACCURACY OF INFORMATION

 

9.1       The information provided by the Parties is done so in good faith based on sources that are believed to be reliable.  The Parties do not warrant the accuracy, completeness or currency of the information and will not be liable for any inaccuracies, omissions or errors in the content of information so provided. 

 

 

 

 

10.     CONFIDENTIALITY

 

10.1     Confidential information means all information which is commercially sensitive to a party or a related entity of the Party (e.g. local residents) or is information which is identified by a Party as Confidential Information and may include written, oral or electronically stored information. 

 

10.2     Each Party acknowledges that it will ensure strict confidentiality, as described below, is maintained at all times in respect of the confidential information of other Parties.

 

10.3     Specifically, each Party undertakes:

 

a)         not to disclose another Party's confidential information to other employees, contractors, consultants, representatives of other public and private sector organisations or the general public unless expressly authorised to do so by the other Parties;

 

b)         not to release another Party' Confidential Information to any person unless or until that person has a signed confidentiality agreement;

 

c)         to use another Party's confidential information only for the purposes of this MoU; and

 

d)         to return all other Party's confidential information when requested to do so and, if not earlier requested, at the end of this MoU. 

 

 

11.     KEY REPRESENTATIVES

 

The key representatives for the Parties are as follows:

 

a)      (ABC) City Council: ….………………………….. (name)   …………………………….. (position)

         

b)      (BCD) Council     : ……....………………………….. (name)   …………………………….. (position)

 

12.     DISPUTE RESOLUTION

 

Should a dispute arise, all parties will negotiate in good faith. The key representatives for the Parties will conduct all negotiations and Industry & Investment NSW shall facilitate any dispute resolution process on behalf of the Alliance. In the event of a dispute that cannot be settled, Industry & Investment NSW will advise on the appropriate course of action.

 

13.     GOVERNING LAW

 

This MoU will be governed by the laws of the State of New South Wales. 

 

14.     INTERPRETATION

 

For the purposes of this MoU, a reference to a "partner" or “ alliance “, or any variation including but not limited to "partnering" and "partnership" does not create, refer to or imply a legally binding partnership between the four Councils ("the Parties"). The Parties to this MoU each operate independently and without the authority to bind each other by contract or otherwise. 

 


SIGNED in accordance with authorities delegated

under the Local Government Act 1993, and not withdrawn,

 

For and on behalf of:

 

(ABC) City Council

 

………………………………………………..                ………………………………………………

Signature of Witness                                          Signature of authorised Council Officer

 

 

………………………………………………..               

Name of Witness                                       Name of authorised Council Officer

 

 

Date: ……………………………………….         Date:          …………………………………….

 

 

(BCD) Council  

 

………………………………………………..                ………………………………………………

Signature of Witness                                          Signature of authorised Council Officer

 

 

………………………………………………..               

Name of Witness                                       Name of authorised Council Officer

 

 

Date: ……………………………………….         Date:          …………………………………….


Appendix A

 

Roles and Responsibilities of Lead Agency

 

 

A1.    APPOINTMENT OF LEAD AGENCY

 

1.1     The Parties hereby appoint ………………. (lead agency) as the lead agency/proponent, for the term of this MOU, to administer the application to I&I NSW for grant funds under the NSW Weed Action Program.

 

1.2     Subject to provision of funds by I&I NSW, ……………… (lead agency) must, either itself or through agents or employees it engages, do all things necessary or advisable for the efficient and economic administration of the grant funds under the NSW Weed Action Program.

 

1.3     ……………….. (lead agency) agrees that it will carry out its duties and obligations as lead agency in accordance with:

·     this Agreement;

·     good management methods and the requirements of the Local Government Act

·     such instructions as it receives from the I&I NSW and /or ………..…….. (RWAC)

 

A2.    RESPONSIBILITIES OF LEAD AGENCY

 

The lead agency (………………………………) must:

 

Financial Management

2.1     keep, or cause to keep, comprehensive, true and accurate records and accounts for the management of the project and of the performance of duties under this agreement;

 

2.2     ensure that all invoices and financial settlements, financial reports and billings rendered by the lead agency reflect properly the facts of all activities and transactions handled for the project;

 

2.3     keep all such records and accounts in accordance with generally accepted accounting principles in Australia, consistently applied, and in particular for Local Government.

 

2.4     furnish to the Councils within two (2) months after the end of each Financial Year, a statement of account audited by the lead agency auditor, reflecting for that Financial Year.

 

Project Reporting

2.5     coordinate the development, finalisation and submission of all Project Progress Reports, Financial Statements and the Final Report, with the assistance all other parties.

 

Project Activities

2.6     undertake and complete all activities allocated to it within the Project Plan and/or NSW Weeds Action Program grant submission.

 

A3.      LIABILITY AND INDEMNITY

 

3.1     …………………………….. (lead agency) is not responsible to other parties of this Agreement for any liability, loss, harm, damage, cost or expense (including legal fees) that the Party may suffer, incur or sustain and arising out of the activities of ……………….. (lead agency) in performing its duties or obligation under this Agreement, except to the extent that such liability, loss, harm, damage, cost or expense arises directly from …………………………’s (lead agency) wilful misconduct or bad faith.

 

3.2     The Parties irrevocably and unconditionally indemnify and undertake to keep indemnified and saved harmless ………………………………. (lead agency) from and against any and all liability, loss, harm, damage, cost or expense (including legal fees) that ………………………………. (lead agency) suffers, incurs or sustains as a result of any suit, claim or demand brought or made against ………………………………. (lead agency) and arising out of the activities of ………………………………. (lead agency) in performing its duties or obligations under this Agreement, except to the extent that such liability, loss, harm, damage, cost or expense arises directly form ………………………………. (lead agency) wilful misconduct or bad faith.

 

3.3     In this clause (A3) references to the “………………………………. (lead agency) include references to the servants, employees and sub-contractors of the ………………………………. (lead agency).

 

3.4     ………………………………. (lead agency) must effect professional indemnity, public liability and property insurance for an amount not less than $20 million and the premiums for such insurance are to be part of the projects expenses.

 

3.5     Should ………………………………. (lead agency) be wound up or their responsibilities transferred to another Council, then, if any claims have been made on the former ………………………………. (lead agency) workers compensation insurance during the currency of this agreement by its employees, the Councils shall pay to the former ………………………………. (lead agency) that amount which is equivalent to the amount that those claims will increase the former ………………………………. (lead agency)  workers compensation premium (including claims experience) over the following 3 years.

 

 

A4.      REMUNERATION AND EXPENSES OF ………………………………. (lead agency)

 

4.1     In accordance with the NSW Weeds Action Program Guidelines, ………………………………. (lead agency) may claim up to 10% of the total project value to cover administration costs and expenses in relation to this project.


Appendix B

 

Roles and Responsibilities of Other Parties

 

 

B1.    RESPONSIBILITIES OF OTHER PARTIES

 

As a Project partner, ………………………………(council / organisation name) must:

 

Financial Management

2.7     keep, or cause to keep, comprehensive, true and accurate records and accounts for the management of the project and of the performance of duties under this agreement;

 

2.8     ensure that all invoices and financial settlements, financial reports and billings rendered by the party reflect properly the facts of all activities and transactions handled for the project;

 

2.9     keep all such records and accounts in accordance with generally accepted accounting principles in Australia, consistently applied, and in particular for Local Government.

 

2.10   furnish to the Lead Agency within two (2) weeks after the end of each Financial Year, a statement of account reflecting that Financial Year.

 

Project Reporting

2.11   assist the Lead Agency coordinate the development of all Project Progress Reports, Financial Statements and the Final Report.

 

Project Activities

2.12   undertake and complete all activities allocated to it within the Project Plan and/or NSW Weeds Action Program grant submission.

 

B2.      LIABILITY AND INDEMNITY

 

3.6     ……………………(party) is not responsible to other parties of this Agreement for any liability, loss, harm, damage, cost or expense (including legal fees) that the Party may suffer, incur or sustain and arising out of the activities of ……………….. (party) in performing its duties or obligation under this Agreement, except to the extent that such liability, loss, harm, damage, cost or expense arises directly from …………………’s (party) wilful misconduct or bad faith.

 

3.7     The other Parties irrevocably and unconditionally indemnify and undertake to keep indemnified and saved harmless …………………(party) from and against any and all liability, loss, harm, damage, cost or expense (including legal fees) that …………………(party) suffers, incurs or sustains as a result of any suit, claim or demand brought or made against ……………………(party) and arising out of the activities of …………………(party) in performing its duties or obligations under this Agreement, except to the extent that such liability, loss, harm, damage, cost or expense arises directly form ……………………’s (party) wilful misconduct or bad faith.

 

3.8     In this clause (B2) references to the “………………………………. (party) include references to the servants, employees and sub-contractors of the ………………………………. (party).

 

3.9     …………………(party) must effect professional indemnity, public liability and property insurance for an amount not less than $20 million.

 

 

 

 

 


Item 13 Ordinary Meeting 19 April 2010

Item 13 - Annexure 1

 


Local Government Forum

Terms of Reference

Contents

1.   Name

2.   Objectives

3.   Benefits

4.   Responsibilities

5.   Membership

6.   General meetings

7.   Minutes

8.   Financial matters

9.   Amendments to Terms of Reference

10. Review

11. Charter

Terms of Reference

1. Name

The name of this working group will be the Central West Catchment Local Government Forum (CWCLGF).

2. Objectives                                                                   

The objective of the CWCLGF is to establish formal and constructive relationships between the councils and the Central West Catchment Management Authority (CWCMA) to enhance and promote strategic and sustainable natural resource management (NRM) across the Central West Catchment.

 

A secondary objective is the fulfilment of the principles of the State-wide Memorandum of Understanding between the Local Government and Shires Association and the Catchment Management Authorities.

3. Benefits

The formation of the CWCLGF recognises the importance of local government in the management of natural resources, as a planner, manager and local community leader. Participation in the group will ensure that there is a strategic and long-term approach to NRM through cooperative planning and on-ground action, as well as:

·    A documented information sharing mechanism;

·    Consistency in, and integration of, regional NRM and local planning; and

·    Identification of, and action upon, capacity building needs.

 

The CWCLGF will promote the principles of sustainable development by encouraging public participation and consideration of social, economic and environmental issues when making natural resource management decisions in the Central West Catchment.

 

Councils will be able to identify management plan activities and strategies consistent with the Catchment Action Plan and methods of implementing these through partnerships with the CWCMA.

4. Responsibilities

The responsibilities of the CWCLGF will include:

·    Providing advice to the CWCMA on policy, strategy and actions relating to natural resource management including the Catchment Action Plan;

·    Facilitating partnerships between Local Government and the CWCMA and providing advice to inform regional NRM investment priorities;

·    Assisting in development and promotion of policy initiatives to achieve catchment management outcomes;

·    Assisting in the dissemination of catchment management information to local government and strengthening understanding of NRM in the community;

·    Developing proposals for projects including capacity building and on-ground works through the Annual Investment Strategy; and

·    Encouraging regional responses by local government on targeted catchment issues to the Natural Resources Commission (NRC) and local government representatives on the NRC Advisory Council.

5. Membership

The membership of the CWCLGF will be the 16 local government councils within the catchment, and representatives of the CW CMA.

 

Each Council will nominate a delegate to attend meetings, and a contact person. The contact person will receive the minutes, business papers and notification of meeting dates. The contact person is responsible for the dissemination of information, minutes and other matters to the delegate and other relevant council staff. The delegate is responsible for bringing matters to, and participating in, the CWCLGF on behalf of their member council.

 

Each delegate will have a support position, whereby a relevant staff member from the council can attend to assist the delegate with advice and general support. The delegate may also nominate a proxy to attend on their behalf. Delegate may serve for up to two years. Councils may nominate a replacement delegate either during this term or at this term.

 

The CW CMA will be represented by the Local Government Officer, Planning Manager and General Manager and other staff may attend as relevant.  The Local Government Officer will be the contact person for business relating to the CWCLGF.

 

Members will not receive any remuneration for participating in the work of the CWCLGF, and must declare any conflict of interest prior to nomination by the Council.

 

6. General meetings

The CW CMA will be responsible for the administration of the CWCLGF. The meetings of the CWCLGF will be held approximately every three months, or as determined necessary. The location of the meetings will be in the catchment, two will be in either Wellington or Dubbo and the other two will be held around the catchment, as determined by the Group, to allow for visits to project sites.

 

A yearly calender of meeting dates will be established by the CW CMA and publicised to the contact person. Meeting dates will be advertised to the delegates at least four weeks (20 working days) prior to the meeting. Delegates may nominate agenda items up to 15 working days prior to a meeting, and the agenda and business papers will be forwarded to all contact people at this time.

 

All delegates may request that other attendees be invited to address and/or participate in the Forum to address particular catchment issues (such as State Agency representatives).

 

7. Minutes

The CW CMA will nominate an officer to record the meeting minutes. The minutes of the previous meeting will be forwarded to all delegates no more than 10 working days following a meeting. Each delegate is responsible for notifying the Local Government Officer of any amendments no later than two weeks (14 working days) after the minutes have been received. Minutes will be tabled for approval by the CWCLGF at the start of the meeting.

 

8. Financial matters

The cost of administering the CWCLGF will be borne by the CW CMA. Any additional costs or suggestions for funding may be put to the CWCLGF for discussion and approval.

 

9. Amendments to Terms of Reference

Amendments to the Terms of Reference may be tabled at meetings for discussion and approval.

 

10. Review

At a period of no more than four meetings, the CWCMA will organise a review of the CWCLGF to ensure that councils, the CMA and other stakeholders are gaining benefits from the work of the CWCLGF and that it is meeting the Charter principles. All delegates will participate in the appraisal, and the Terms of Reference will also be reviewed at this time.

 


Item 13 Ordinary Meeting 19 April 2010

Item 13 - Annexure 1

 

 

Charter

 

Central West Catchment Local Government Forum

 

The Central West Catchment Local Government Forum has been formed to encourage participation in sustainable natural resource management for the Central West Catchment. The CWCLGF will also provide a clear channel of communication between the Central West Catchment Management Authority and the local councils of the catchment.

 

The CWCLGF will provide a forum for discussion and consultation of natural resource management issues.

 

 

These Charter principles have been developed to guide the CWCLGF.

 

v Provide advice on natural resource management issues;

v Ensure that local government and local community needs are considered;

v Work cooperatively towards a sustainable Central West catchment;

v Assist the Central West Catchment Management Authority to communicate to local government staff and councillors, as well as the local community;

v Assist local government to participate in natural resource management; and

v
Text Box: The Central West Catchment Vision:
Vibrant communities and healthy landscapes
 
The Central West Catchment Mission:
Helping the community conserve, restore and manage natural and cultural resources

Develop a strategic and sustainable Catchment Action Plan for the Central West.

 


Item 15 Ordinary Meeting 19 April 2010

Item 15 - Annexure 1

 

 

 

STRATEGIC PLAN

2009/2010

March Review

 

 

 

 

 

 

 

 

 


 

1. Governance

 

Goals:

 

§   To provide efficient, effective and relevant Local Governance for Cabonne through an open and responsive Council and Committee meeting process 

§   To maintain strong relationships and liaise effectively with all relevant Government agencies and other Councils

§   To ensure long term viability of Wellington/Blayney/Cabonne Strategic Alliance

Objectives

Performance Measures

Responsibility

 

Progress

1. Provide quality administrative support and governance to Councillors and Residents 

 

 

 

 

 

 

 

2. Develop and maintain a unified Council that is accountable and transparent

 

 

 

 

 

 

 

 

 

 

 

 

3. Enhance responsiveness to the community current and future needs & objectives

 

4. Maintain effective links with State and Federal members of parliament

 

5. Maintain active membership of CENTROC, LGSA and other forums

 

 

 

 

 

 

1.1 Review the effectiveness of business paper procedures

DFCS

 

Automatic filing now subject to introduction of infoXpert version 8

 

 March/April 2010.

Actions register upgrade update to April Council meeting.

1.2 Provide and retain skilled and trained staff to deliver Council services

ALL

Draft Training & Development Plan approved. Presented to Consultative Committee in February.

1.3 Actioning of Council Motions

ALL

Reported to October, November and December meetings.

2.1 Provide appropriate mechanisms for democracy and participation for Cabonne residents

DFCS

Meeting schedule updated.

2.2 Review effectiveness of community consultation/feedback systems

DFCS

Updates on actions posted on Council’s website for February/March

2.3 Review wards as part of Local Government Act requirements

DFCS

To be completed after electoral roll closes forFederal Election.

2.4 Maintain local governance

 

 

DFCS

IT Working Party, GIS Working Party and Purchasing Working Party meetings held.

3.1 Develop the CCP 2025

 

 

 

DFCS

Awaiting commencement of new EDM

4.1 Appropriate communications and representations on relevant issues

ALL

Parliamentary Secretary for Health opened Waluwin Centre

 

Minister for Local Government  - 26/2 Mayor met with Minister for Transport 17/3

5.1 Attendance at meetings

ALL

DES attended Association of Mining Related Council meeting 26/2

MBE and ESO attended LGSA Climate Change workshop 11/2

ESO attended CENTROC project team meeting 18/2, Urban Sustainability Reference Group 2/2 & 19/3, LHPA Stakeholders 25/2, SDRO Workshop 11/3, LGSA Sustainabilty Workshop 23/3 and Netwaste Forum 26/2

 

Attendance by RMO at next ERM meeting (June)

 

WBC Alliance information meeting attended 30/3/10

 

DFCS attended CENTROC 25/2

 

5.2 Matters are brought forward by Cabonne at those forums

ALL

Issues raised and debated as appropriate.

5.3 Participation in programs

ALL

Participation in Compost Project - training to be completed after Easter

6. Active commitment to the WBC Alliance

6.1 Attendance and involvement at meetings

ALL

 

Planning Directors meetings held 10/3WBC

 

Board meeting attended by DFCS 3/3/10

 

Professional Teams attended 17/2/10

 

WBC Procurement Policy meeting attended.

 

6.2 Participation in joint projects

ALL

 

RMO actively involved in targeting project for Roadworks Safety with WorkCover and RTA, Commence early April – to be completed end June.

 

Monitored and reviewed July – September

 

WBC Procurement Policy developed.

 

6.3 Benefits achieved

ALL

 

Obtained $46k in training funding

Climate Change workshop

Standard Conditions project started

Second Phase Asset Management Plan

7. Ensure the ongoing financial sustainability of Cabonne Council

7.1 Ongoing financial sustainability maintained.

ALL

 

Quarterly Budget Review reported to February Council meeting

 

7.2 Annual financial health check completed

DFCS

 

Alliance Health Check presented to March Council meeting

 

7.3 Recommendations of the Inquiry of the Financial Sustainability of NSW Local Government are actioned and considered as necessary

DFCS

 

No recommendations issued to action.

8. Provide adequate training & professional development opportunities for Councillors

8.1 Appropriate training for all Councillors made available

 

 

DFCS

 

Available training courses listed in GM’s memo

9. Satisfactorally implement State Government Integrated Planning and Reporting requirements.

9.1 Implement schedule adopted

DFCS

 

Presentation made to September Council meeting.

 


 

2. Administration

 

Goals:

§   To provide high quality advice and support for Council’s operations and give guidance and leadership on issues

§   To control and manage finances to ensure the future financial sustainability of Council

§   To ensure information systems meet the business needs of Council

§   To improve effectiveness of communication throughout decentralised office

 

Objectives      

Performance Measures

Responsibility

 

Progress

1. Develop and maintain a strong and skilled workforce

 

 

 

 

 

 

 

 

 

 

 

2. Provide a records management system which meets statutory and organisational demands

 

 

 

 

3. Provide, maintain and develop financial services and systems to accepted standards – satisfying regulatory and customer requirements

 

 

 

 

 

 

 

 

 

 

 

 

4. Provide effective communications and information systems for staff and residents

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5. Ensure Business continuity

 

6. Improve OH&S and Risk Management Response

 

 

 

7. Ensure adequate accommodation for staff

 

8. Provide effective information systems for all of council

 

 

 

 

 

9. Monitor impact of Global Financial Crisis

1.1 Provide regular forums for management to meet and discuss contemporary issues

 

ALL

 

Finance & Corporate Services Operational Team meeting held 31/3/10

 

1.2 Ensure appropriate performance measures and incentives are in place

 

DFCS

Consultative Committee voted to retain Voucher system

 

1.3 Review structure and adequacy of staffing levels and skills requirements of all Directorates

 

DFCS

Report being prepared for Directors on current Org Structure.

 

2.1 Compliance with the State Records Act

 

DFCS

Version 8  of Council’s record system implemented

 

2.2 User needs met

 

DFCS

Version 8  of Council’s record system implemented

 

2.3 Appropriate use of appropriate software

 

DFCS

Version 8 Implemented – working through new enhancement

 

3.1 Statutory reporting completed on time

 

DFCS

Annual Report & Statements submitted by due date – Completed.

3.2 Financial Health check

 

DFCS

Alliance Healthcheck presented to March Council Meeting

 

3.3 Review Investment Policy

 

DFCS

Investments being further diversified with term deposits with Government Guarantee

 

3.4 User needs met

 

 

 

 

 

 

 

 

DFCS

New employees provided with access & training

 

4.1 Implementation and use of InfoCouncil software

DFCS

Appropriate new staff provided with access and training.

 

4.2 Enhancement of website

 

DFCS

Upgrade of website completed

4.3 Customer service reviewed and implemented

 

DFCS

CDO commenced 30/3/10

 

4.4 Effective use of customer service software

 

CDU/DFCS

 

To be coordinated by Personal Assistants for Directors

 

4.5 Level of compliance with Customer Service Policy response periods

 

ALL

 

To be coordinated by GM’s Personal Assistant

4.6 Review and implement communication strategy

 

ALL

 

Awaiting commencement of EDM

 

4.7 Improved communications between offices

 

ALL

 

Still waiting on Telstra

 

4.8 Implementations of GIS Plan

DFCS

 

GIS implemented.

Presentation Completed to Councillors

5.1 Develop an Enterprise Risk Management Plan

 

 

DFCS

 

Develop Cabonne Risk Management Policy by end April. Identify members of Risk Management Committee by 21/05/2010 and conduct first meeting.

 

6.1 Areas of concern raised in OH&S audit addressed

 

DETS

 

All work sites inspected annually by members of the OH & S Committee.

 

6.2 Areas of concern raised in Public Liability audit addressed

DETS

 

To be reviewed with new Risk Management Officer

7.1 Adequate staff accommodation provided at Molong

DFCS

 

Draft plans drawn. Indicative quotes obtained.

 

8.1 Reserve established for systems upgrade

DFCS

 

Reserve set up in conjunction with 09/10 Budget for $250k & anticipated for an extra $250k next budget - Completed

8.2 Audit of need analysis commenced in conjunction with WBC

 

 

DFCS

 

Meeting held in March, Wellington have dropped out of IT Working Party. Other 3 Councils to visit to discuss possible joint tender.

 

9.1 Report on impact on:

    a) Council financial position

    b) Industry and employment

    c) Community Services/Social implications

 

DFCS

 

a)      completed

b)         Report to be prepared for April Council Meeting on Industry and employment

 

9.2 Level of access to federal funds

DFCS

 

Reported to September Council meeting – completed.

 


 

3. Public Order and Safety

 

Goals:

§   To maintain an effective and efficient local emergency system for the protection of life and property

§   To respond to concerns over domestic and stock animals to ensure public safety

 

Objectives

Performance Measures

Responsibility

 

Progress

1. Identify and provide for any foreseeable emergency in  Cabonne

 

 

 

 

 

 

 

 

2. Support the management of the Canobolas Rural Fire Zone

 

3. Administer statutory requirements (Companion Animals Act & Impounding Act) in accordance with community needs

1.1 Review of Local Emergency Management Plan

 

DETS

 

Currently being reviewed by LEMC

1.2 Implementation of the Emergency Risk Management Plan (ERM)

 

DETS

 

ERM currently under review by LEMC

 

1.3 Review and update as required Standard Operating Procedure (SOP’s)

 

DETS

 

Will be reviewed as part of the LEMP review

2.1 Attend meetings as required

 

DETS

 

LEMO attends all scheduled LEMC meetings

 

3.1 Ensure complaints are dealt with promptly

DES

 

Complaints responded to promptly.

3.2 Review of animal control function

DES

 

Risk assessment (firearms) undertaken by Risk Assessment Officer.

3.3 Staff and systems in place to implement the Acts and reports made to Committees

DES

 

Kleem review of Environmental Services Department completed.

4. Promote Health & Wellbeing of Cabonne residents

4.1 Liaison with government departments/community groups re promotion of healthier lifestyle

DFCS

 

Working with Waluwin Centre regarding health type services extending to Cumnock

 

 

4.2 Encourage benefits of HealthOne project across Cabonne

DFCS

 

Working with Waluwin Centre regarding health type services extending to Cumnock

 

 


 

4. Health

 

Goals:

§   To protect the health and safety of the community

§   To maintain effective control of noxious weeds

§   Equitable access to health and medical services for Cabonne residents

§   To ensure the environmental sustainability of Cabonne

 

Objectives

1. Develop and implement an Environmental Health Program

 

 

 

 

 

 

2. Maintain an effective campaign of noxious weed control by gaining landowner co-operation

 

 

 

 

 

 

 

 

 

 

 

3. Facilitate the provision of Health & Medical services

 

 

 

 

4. Manage Council’s appropriate response to climate change at a local government level

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5. Increase the level of sustainable purchasing

 

Performance Measures

Responsibility

 

Progress

1.1 Regular inspections of and level of compliance with standards of food and other premises

 

DES

 

Follow up inspections carried out as required.

1.2 Ensure complaints are dealt with promptly

 

DES

Food complaints responded to and premises inspected.

2.1 Issue information to the community on priorities

 

DETS

Reports to Works Committee. Attend workshops and field days.

2.2 Participate in regional Advisory Committees

 

DETS

Chief Weeds Officer attends regional advisory meetings

 

2.3 Spraying activities advertised in accordance with Noxious Weeds Act

 

DETS

Spraying of weeds undertaken in accordance with the Noxious Weeds Act

 

2.4 Number of inspections vs s18 and s20 notices issued

 

DETS

Notices reported to Works Committee monthly

 

3.1 Health services reviewed

 

DFCS

Monthly reports made to Council on Health Services

3.2 Advocacy on behalf of health services in Cabonne

 

DFCS

GWAHS addressed October Council meeting

 

4.1 Participate in CENTROC Climate Change and Sustainability programs e.g. SolarUp

 

DETS

Provision in 2010/11 budget for CC&S programs.

4.2 Investigate development of Environmental Sustainable Plan in conjunction with WBC

 

DETS

To be nominated when WBC develop plan

4.3 Level of “Green Energy” electricity used by Council buildings

 

DETS

 

Green Energy tarrif not taken up by Council.

4.4 Review effectiveness of Star Rating policy for fleet vehicles

 

DETS

 

Council’s vehicle purchasing and lease back policy under review. Star rating for economy and safety in the new policy.

 

4.5 Level of Grid connect /solar electricity generated by Council

DETS

 

New building metered to grid.

5.1 Level of implementation of ‘Sustainable Choices ‘ initiatives within Council

ALL

 

Grid Connect System fitted to Waluwin Family & Community Services Centre

 


 

5. Community Services and Education

 

Goals:

§   To provide childcare services to meet the needs of the community

§   To provide a flexible and responsive service to Cabonne residents requiring Home and Community Care

§   To ensure adequate facilities for the aged to meet the needs of the community

 

Objectives

Performance Measures

Responsibility

 

Progress

1. Ensure a quality childcare service that is affordable

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2. Provide affordable and reliable medical and HACC transport services to Cabonne residents

 

 

 

 

 

 

 

3. Enhance delivery and management of community services

 

 

 

 

 

 

 

 

 

 

 

 

4. Facilitate retirement and aged care projects

 

 

 

 

 

5. Monitor the impact of changing demographic due to ageing population

 

6. Improve access and equity throughout the Cabonne area

 

 

 

 

7. Promote & create opportunities for Youth

 

 

 

 

 

1.1 Service reviewed and reported on half yearly

 

DFCS

 

Report to May Committees

 

1.2 Carers are recruited, trained and monitored as required

 

DFCS

Training for Carers at TAFE towards Certificate 3

NCAC Spot check March 10

New regulations being applied which requires qualification of Certificate 3

1.3 Level of usage of childcare facilities

 

DFCS

Reported to August Committee - Completed

 

1.4 Family Day Care promoted

 

DFCS

Playgroups Advertising for new carers

 

Carers Christmas Party held.

1.5 In Home & After School care opportunities reviewed

DFCS

Potential in home care being followed up at Molong

 

2.1 Level of usage of service

 

 

 

 

DFCS

Reported to March Committees

 

2.2 Services are provided where most needed

 

DFCS

Seniors Bus Trips conducted

 

2.3 Level of grants applied for and obtained

 

DFCS

Community Transport adequately funded.

 

3.1 Communication and referral numbers with other agencies

 

DFCS

Interagency Meeting

Cabonne Childrens Services Meeting organised

3.2 Services promoted within Cabonne

DFCS

Looking to work closely with Media Officer and sending more media out.

 

3.3 Feedback from users

 

DFCS

 

Lawnmowing – Oct 09

Community Restaurant, Social support  - January

Mens Group – Aug 09

3.4 Waluwin Family and Community Services Centre constructed and operational

 

DFCS

 

Centre now operational.

 

4.1 The level at which need in the community is met

DFCS

 

DADAC, aged Care Planning meeting attended Dec 09

 

4.2 Impact of proposed controls of Department of Housing review

 

DFCS

 

Officially advised that regulations do not apply to Local Government

 

5.1 Impact of ageing population on Cabonne reported.

 

DFCS

 

To be reported in 4th quarter

 

6.1 Implement a pedestrian Access & Mobility Plan

DETS

 

PAMP projects included in current budget – Canowindra Pram ramps and path Ryall Street.

Note: RTA not funding Watson St project.

6.2 Implement Cabonne Cycle Plan (incorporating walking tracks)

DETS

Construction of Molong Cycle/walkway in progress – Federally funded.

7.1 Youth address Council meetings

DFCS

 

Primary students invited to attend Council – address made by students at September Council meeting - completed

7.2 Youth of the Month awarded

DFCS

 

Youth of the Month Award presented monthly

 

7.3 Grant opportunities pursued

DFCS

 

Youth Week funding successful

 

7.4 Youth week activities held

DFCS

 

Funding applied for – activities organised.

 

7.5 Support services promoted

DFCS

 

Community Service Trainee facilitating Pool Mural

 

 


 

6. Housing and Community Amenities

 

Goals:

§   To maintain and manage public cemeteries

§   To provide and maintain systems for waste collection, recycling and disposal

§   To develop integrated land use plans to ensure the physical development of Cabonne commensurate with sustainable development principles

§   To enhance the amenity of towns and villages in Cabonne

§   To provide high quality and environmentally sensitive drainage systems

 

Objectives

Performance Measures

Responsibility

 

Progress

1. Develop and implement improvements for Cabonne cemeteries

 

 

 

 

 

 

 

 

 

 

 

 

 

2. Provide an effective and reliable waste and recycling service to the community

 

 

 

 

 

 

 

3. Progress effective waste management disposal facilities for Cabonne

 

 

 

4. New Local Environment Plan (LEP) & associated documents

 

 

 

 

 

 

 

 

 

5. Provide efficient and effective development assessment

 

 

6. Provision of a Heritage Program

 

 

 

 

 

 

 

7. Enhance village presentation focussing on entrances and main streets

 

 

 

8. Manage and reduce risk of damage by flooding to urban areas

 

 

 

 

 

 

9. Provide systems for stormwater and pollution control in accordance with EPA requirements

 

 

 

 

 

 

 

 

1.1 Improvements identified and implemented

 

DES

 

Follow up eradication program carried out.

 

Signage ordered, to be installed before end of financial year. Fencing improved at Canowindra Cemetery.

1.2 Improvements & Maintenance Plan prepared

 

DES

Conceptual details developed.

2.1 Overall waste disposal strategy developed

 

DES

Investigation of waste and recycling services and options of eastern area of shire completed. Report prepared for Council.

2.2 Monitor waste collections and disposal contracts

DES

Netwaste Forum 26/2

 

2.3 Ensure management of former and current landfill sites

DES

Met with consultant to determine how to move forward. Operation plans and LEMP’s need to be developed. In discussions with consultants 25&26/3

2.4 Report on options for improvement of waste disposal/collection for rural landholders

DES

Survey carried out.

Initial analysis reported to Council.

 

2.5 Evaluation of expansion of services to Nashdale/Borenore/Mullion Creek/March/Clergate

 

DES

Final report prepared and submitted to Council

Recommend utilise existing private businesses and Orange MRF for recycling. Continue to expand contract with waste provider.

3.1 Review of waste management facilities completed

DES

Looking to develop LEMP and operational plans for all sites.

3.2Preferred option for long term waste identified

DES

Looking to develop LEMP and operational plans for all sites.

4.1 Draft LEP prepared

DES

Village Strategy meetings completed as per schedule.

4.2 Draft Development Control Plans prepared

DES

Review of DCPs to be carried out in association with WBC partners during 2010

4.3 Level of coordination with WBC replanning documents

DES

Regular meeting with WBC planning directors

4.4 Timetable for completion adopted

DES

Regular reports provided to Council

5.1 Approval procedures and systems are documented and followed

DES

Procedures and systems followed.

5.2 Median number of days to provide services

DES

Regular reports provided to Council.

6.1 Local heritage assistance program promoted

DES

Program monitored.

6.2 Heritage Committee meetings held

DES

Committee meets monthly.

6.3 Investigate preparation of Heritage component of LEP

DES

2003 data uploaded to SHI format

7.1 Progressive implementation of Village Enhancement Program

DETS

VEP continues to be implemented and progress reported to the Towns and Villages meetings.

 

7.2 Other village Improvements completed

DETS

RCLIP projects at practical completion. (As per agreement)

8.1 Compliance with Floodplain Management guidelines

DETS

Adopted flood management plans considered in assessing new works and development

 

8.2 Plans developed and adopted for Eugowra and Molong

DETS

Molong Draft Study with DEECW for comment.

Eugowra Draft scheduled to be completed end of April.

8.3 Implementation of mitigation works for Canowindra from prepared plans

DETS

 

No high priority mitigation works identified in the Canowindra plan

 

9.1 Standards adopted

DETS

 

Current standards and controls for sediment adopted.

 

9.2 Development and upgrading of existing drainage

DETS

 

Drainage improvements included in 5 yr works plan. Currently under review and will be submitted to the Works Committee for approval on completion.

 

9.3 Ongoing works undertaken with Stormwater levy program

DETS

 

Works Committee to consider report from Asset Manager for project to be completed 2010/11.

9.4 Review of Stormwater Management Plan

DETS

 

Currently under review to be considered by the Works Committee on completion.

 

9.5 Regional Soil and Erosion Control Plan developed through Central Western Catchment Management Authority (CWCMA)

DETS

 

Council’s Environment Officer liaising with the SWCMA in the development and funding of the control plan.

 

 


 

7. Water Supplies

 

Goals:

§   To provide an adequate and secure water supply to defined areas

§   Potable water supply for all Villages

 

Objectives

Performance Measure

Responsibility

 

Progress

1. Manage water supply schemes

 

 

 

 

 

 

 

 

 

 

 

 

 

1.1 Report on demand and supply

 

DETS

 

IWCM identified Molong water supply and yield as an issue for consideration in the strategic plan consultants currently working on proposal to undertaken

1.2 Implementation of Capital Works plans for schemes

 

DETS

 

In light of the extent on ‘carry over’ of projects into 2010/11, staff looking at options for contracting out some of these projects.

1.3 Second independent review of Molong Water scheme operations conducted by Central Tablelands Water

 

DETS

 

Currently with Department of Commerce to review internal report.

 

1.4 Implementation of one Cabonne water fund

 

DETS

 

In current management plan.

1.5 Implement Best Practice for Water Supply

 

DETS

 

There is no change in the status of BP modules, Council. The IWCM Strategic business brief is a WBC project.

1.6 Options for means of supplying potable water to Cumnock and Yeoval identified

 

DETS

 

Council received advice that applications were not successful. Staff looking at referring submissions to professional consultants.


 

1.7 Review and consider implementation of Integrated Water Cycle Management Plan

DETS

 

Meeting held. Preparing Brief for consultants.

2. Provide water to standards adopted by Council for all schemes

 

 

3. Meet requirements of the Water Management Act

 

4. Actively participate in Water Reform Process

 

 

 

 

 

 

5. Promote effective water resource management

2.1 Regular testing meets required standards

 

 

DETS

 

Tests undertaken in accordance Departmental guidelines

 

3.1 Level at which requirements are met

 

 

DETS

 

Testing and operations undertaken in accordance with the Departments guidelines

 

4.1 Attendance/Participation at meetings

 

DETS

 

Attend meetings and report to council as required.

 

4.2 Regular reporting to Council

DETS

 

Attend meetings and report to council as required.

 

4.3 Report on implementation of State Government Water Reform

DETS

 

Attend meetings and report to council as required.

 

5.1 Participation in CENTROC regional water supply

DETS

 

Attend meetings and report to council as required.

 

5.2 Lobbying undertaken to DWE to undertake water study plans for catchments in the region

DETS

 

Applications not successful. Consider using consultants for preparing submission for Yeoval and Cumnock.

5.3 Participation in CMA programs

DETS

 

Attend meetings and report to council as required.

 

 


 

8. Sewerage Services

 

Goals:

 

§   To provide and maintain environmentally sustainable, high quality sewerage facilities

 

 

Objectives

Performance Measures

Responsibility

 

Progress

1. Manage sewerage schemes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2. Construct sewerage schemes in Manildra, Cudal, Cumnock and Yeoval

 

1.1 Operation of Sewerage Treatment Plants (STP) in accordance with Department of Environment & Climate Change Licence

 

 

DETS

 

Testing and operations undertaken in accordance with the Departments guidelines

 

1.2 Implementation of Capital Works plan for schemes

DETS

Telemetry upgrades commenced. Effluent treatment upgrades carried over to 2010/11.

1.3 Report on review of future upgrade needs for Molong sewer

 

DETS

Molong STP future needs and upgrades included in the IWCM. Recommendations to be considered and prioritised.

 

1.4 Implement Best Practice for Sewerage Services

DETS

Completed.

2.1 Section 60 approval received for Manildra, Yeoval and Cumnock

 

DETS

Manildra STP – earth works 95% complete. Reticulation 30% complete.

Tenders for on property works advertised.

2.2 Tender awarded for Manildra

 

DETS

Tenders approved.

2.3 Land purchased for STP sites

 

DETS

Lease arranged with land owner while land transfer being finalised.

2.4 Compliance with Implementation time frame including Construction Schedule

DETS

 

There is no significant variation to the timeframe for completion of the four towns program.

 

 

 

 


 

9. Recreation and Culture

 

Goals:

§   To provide library services to Cabonne residents through participation in Central West Libraries

§   To provide public hall facilities relevant to the needs of residents

§   To provide high quality sporting, recreational and cultural facilities

§   To maintain and manage parks and gardens in Cabonne

§   To maintain and manage Council owned buildings and land in Cabonne

 

Objectives

Performance Measures

Responsibility

 

Progress

1. Increase awareness and availability of library services in Cabonne

 

 

 

 

 

 

 

 

 

 

 

2. Efficient operation and maintenance of halls and facilities

 

 

 

 

 

 

 

 

 

3. Maintain and provide safe and usable parks, sporting fields and equipment

 

 

 

 

 

 

 

 

 

 

 

 

 

4. Maintain Council pools to acceptable standards

 

 

 

 

 

 

 

 

5. Provide appropriate support to Museums in the Shire

 

1.1 Participate in decision making processes and initiatives of Central West Libraries

 

DFCS

 

New hours at Manildra Library implemented.

 

1.2 Level of usage of library

 

DFCS

Reported to Council - complete.

 

1.3 Annual tour of libraries conducted

 

DFCS

Reported to Council - complete.

 

2.1 Develop and implement asset management plan

 

DETS

Sub-plans being progressively developed and implemented.

2.2 Appropriate levels of fees and charges for facilities

 

DETS

Fees and income reported to Council. Majority of halls do not have fees or income register.

2.3 Usage rates and demand

 

DETS

Income reported to Council. Management Plan under review.

2.4 Participation by community groups in Community Halls Grant process

 

DETS

As reported to Council.

3.1 Maintenance carried out in accordance with sporting code and community needs and risk management principles

 

DETS

Regular inspections undertaken for compliance with current standards

 

3.2 Review compliance of playground equipment with relevant Australian Standards

 

DETS

Regular inspections undertaken for compliance with current standards

 

3.3 Level of community involvement in provision of maintenance for sporting facilities

DETS

Council staff to liaise with sporting groups as required.

CIP provides opportunity for Council to assist financially.

4.1 Develop and implement upgrading and management plan for pools

 

DETS

Draft Management Plan for each pool being prepared. Pool Committees and Managers to be consulted.

4.2 Develop & implement Operational Plans including Risk Management Plans

 

DETS

 

Operational Plan being prepared and will be reviewed by OH&S Committee for adoption.

4.3 Level of Community involvement in the operation and management of pools

DETS

 

Pool Committees and Manager to be consulted before draft is adopted.

5.1 Level of support given by Council

 

DFCS

 

Update requested from Orange City Council

 

5.2 Evaluation of progress report on Regional Collections Survey project

 

DFCS

 

Update requested from Orange City Council

 

5.3 Level of support given by community committees

DFCS

 

Amusu Theatre,

Eugowra Museum,

MADIA

 


 

 

10. Mining Manufacturing and Construction

 

Goals:

§   To provide an efficient and effective building assessment and advisory service

§   Operation of gravel pits to meet Council’s construction and maintenance requirements

 

Objectives

Performance Measures

Responsibility

 

Progress

1.Ensure buildings are constructed in accordance with the Building Code of Australia

 

 

 

 

 

 

2. Maximise return on Council’s Lime Quarry Asset

 

1.1     Inspection of buildings under construction

 

DES

 

Where Council is PCA all critical stage inspections are made when notified.

1.2 Issue of Construction / Compliance Certificates and Occupation Certificates

 

DES

All compliance issues followed up by letter.

Compliance certificates issued for liability

1.3 Level of knowledge and training of staff

 

DES

MBE attended reasons Fair Trading Workshop in Orange.

2.1 Financial return

 

DETS

Bi-monthly Quarry Review Committee meetings held.

2.2 Report on alternative products & production measures

 

DETS

 

Bi-monthly Quarry reports to Council providing production and financial statements.

2.3 Decision made on future operations & ownership

 

DETS

 

Business as usual, future of quarry subject to the quarry maintaining market share in lime sales and ability to produce quality road base.

 

 

2.4 2009 Marketing Plan implemented

DETS

 

DETS to prepare Business Plan. Looking at using consultant to assist.

 

 


 

11. Transport and Communication

 

Goals:

§   To provide a safe and quality urban and rural transport systems for vehicles and pedestrians

§   To provide services to RTA for Regional and State road network

§   To provide and maintain bridge structures throughout Cabonne

§   To maximise safety for road users and pedestrians

§   To manage assets in a sustainable manner

§   To ensure accessibility for all members of the community

 

Objectives

Performance Measures

Responsibility

 

Progress

1. Provide safe and well signposted roads in accordance with recognised technical standards

 

 

 

 

 

 

 

2. Ensure that the repair of existing road surfaces and failed pavements is carried out in a Strategic Risk management approach

 

 

 

 

 

 

 

3. Remain a core service provider to the RTA

 

 

 

 

 

 

 

 

 

 

 

 

 

4. Replace or upgrade bridges

 

 

 

5. Initiate and implement Road Safety Programs

 

 

 

 

 

 

 

 

6. To ensure access and mobility for all sections of the community

1.1 Area of reseals

 

DETS

 

Local road completed. Regional roads to do in April

1.2 Area of road rehabilitation

 

DETS

Complete heavy patch in April currently working on shoulders in Obley Road.

1.3 Investigation of Memorandum of Understanding (MOU) with Police regarding accident reporting

 

DETS

No further development. Has been raised at the LEMC meetings.

2.1 Adopt, Implement and promote Asset Management Plan for Roads in conjunction with WBC

 

DETS

Draft RAMP workshopped and is referenced in DETS Budget report to May Meeting.

2.2 Cost effectiveness of repairs in accordance with Asset Management Plan

 

DETS

Activities in accordance with RAMP

2.3 Maintenance conducted in accordance Asset Management Plan

DETS

RAMP recommendations to be considered when undertaking maintenance activities

 

3.1 Meet RTA specification and tender requirements

 

DETS

Works undertaken in accordance with the RMCC contract

 

3.2 Design and construct to RTA standards

 

DETS

Works undertaken in accordance with the RMCC contract

 

3.3 Financial return on service provision

 

DETS

Staff have submitted variations for wet weather for Amaroo project and variations for pavement material unit rates on Flash Jacks.

3.4 State Road Contracts awarded

 

DETS

 

Flash Jacks nearing completion. MR 310 shoulder works complete, however funding in 2010/11 to continue next year.

3.5 Maintain R1 accreditation

DETS

R1 accreditation maintained

 

4.1 Bridges replaced or upgraded in accordance with plan

 

DETS

Gum Creek completed Baldry Bridge under construction. Reviewing pile specifications for Murrays.

5.1 Programs implemented and results measured

 

DETS

Road Safety program approved by the RTA and implemented by Council’s RSO

 

5.2 Communication and co-operation with local Police command

 

DETS

RSO to provide detailed crash statistics an analysis to Council’s June and December meetings.

5.3 Annual report to Council by Road Safety Officer

 

DETS

Annual reports provided

 

6. Construction complies with Disability Discrimination Act

DETS

 

New and modifications to access ramps constructed in accordance with current standards for disabled access.

 

 


 

12. Economic Affairs

 

Goals:

§   To encourage, facilitate and support the economic viability of Cabonne

§   To promote Cabonne Country – Australia’s Food Basket as a destination to visit

 

Objectives

Performance Measures

Responsibility

 

Progress

1. Create economic development opportunities within Cabonne

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2. Actively promote and support development in Cabonne

 

1.1 Councillor Economic Development Workshop outcomes implemented

 

GM

 

To be incorporated in updated Economic Development Strategy

 

1.2 Participation in regional development activities

 

GM

Tourism Conference – Cowra attended.

 

 

 

 

 

 

 

1.3 Economic development strategy reviewed

 

GM

To be reviewed by new EDM

 

1.4 Land Development Strategy reviewed

GM

Currently under review

 

2.1 2006/2009 Economic Development Strategy - Tourism Plan Reviewed

 

GM

To be reviewed by new EDM

 

2.2 Implement strategies and report to Council quarterly

GM

Reported each Committee - ongoing

 

 


 

13. General Purpose Revenue

 

Goals:

§   To maximise revenue to Council through fair and sustainable means

 

Objectives

Performance Measures

Responsibility

 

Progress

1. Implement “user pays” principle for fees and charges where appropriate

 

 

 

 

 

2. Maintain a high level of rate collection

 

3. Ensure fees and charges are commercially fair and reasonable

 

 

4. Identify alternate (non traditional) revenue sources

1.1 Appropriate opportunities for “user pays”  identified and  implementation plan prepared (WBC)

 

DFCS

 

Fees & charges being collated and will be presented to Council in May along with the budget.

 

1.2 Report on a level of income from landfill user pays

DES

 

2.1 Rate of collection

 

 

DFCS

Reported to July, August & September Council meetings.

 

3.1 Review of fees and charges undertaken annually (WBC)

 

 

DFCS

Completed

 

4.1 Report on potential sources

DFCS

 

10 Internal Audit Guides sold as at 16/3/10

 

 

 


Item 20 Ordinary Meeting 19 April 2010

Item 20 - Annexure 1

 

Waste Collection Districts Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

[22 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)

 

2 Summary

The Waste Collection Districts Policy outlines the areas with Cabonne’s Local Government Area that Council has declared as waste collection districts, and are therefore eligible for a waste and recycling collection service through the service provider contracted by Council.

Approvals

Title

Date Approved

Signature

Director of Environmental Services

 

 

3 History

Minute No.

 

New Version Date

20/05/35

 

 

02/06/39

 

 

 

Revision of Policy document – Draft submitted to April 2010 Council meeting for adoption

4 March2010

4 Reason

Cabonne Council has many small rural towns which make up the Local Government Area.  In 1995 Cabonne Council entered into a ten year contract with JR Richards to provide a waste and recycling collection service to the townships within the Local Government Area.

This policy indicates Council’s commitment towards the provision of a waste and recycling service to the townships and nominated estates within the Local Government Area.

5 Scope

This policy at all times encompasses:

-     All towns in the Cabonne Local Government Area;

-     The Weemilah, Windera and Strathnook Estates;

-     Staff employed for the management and administration of the provision of a waste and recycling service in the Local Government Area;

-     Cabonne residents and ratepayers who receive a waste and recycling collection service.

6 Associated Legislation

Waste Avoidance and Resource Recovery Act 2001

POEO Act 1997

7 Definitions

N/A

8 Responsibilities

8.1 GM

The General Manager is responsible for the overall control and implementation of the policy.

 

8.2 Directors and Managers

Directors and Managers are responsible for the control of the policy and procedures within their area of responsibility.

 

8.3 Supervisors

To ensure that administrational staff have the training, support and equipment required to administer this policy.

 

8.4 Employees

To implement procedures associated with this policy.

8.5 Contractors

To provide associated services in accord with contractual requirements.

9 Related Documents

Document Name

Document Location

 

 

10 Policy Statement

That:

1.   The villages of Molong, Cumnock, Yeoval, Manildra, Cudal, Eugowra, and Canowindra receive a waste and recycling collection service.

2.   The Rural 1(c) zoned areas of Weemilah Estate, Windera Estate and Strathnook Lakes Estate have been declared as Waste Collection Districts and shall receive a waste and recycling collection service.

3.   Council not make a formal declaration of a waste collection district in the Moorbel 1(c) zone, however still provide a waste and recycling collection service to the area via a user pay service through Council and its contractor and that those ratepayers who wish to utilise the service make contact with Council.

4.    Council will consider provision of a waste and recycling collection service to ratepayers outside of the above mentioned Waste Collection Districts via a user pay service through Council and its contractor.  Such services must be economically viable to enable implementation of any additional service.

 


Item 20 Ordinary Meeting 19 April 2010

Item 20 - Annexure 2

 

Scare Guns Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

[8 April 2010]

Author

Manager Building & Environment

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)

 

2 Summary

Outlines Council’s limitations / conditions on the use of scare guns.

Approvals

Title

Date Approved

Signature

Director of Environmental Services

 

 

3 History

Minute No.

 

New Version Date

7137/11

 

20/11/86

93/1/135-23

Amended (b)

18/01/93

01/02/31-3

Trial

05/02/01

03/12/44

Amendment

15/12/03

 

Revision of Policy document – Draft submitted to April 2010 Council meeting for adoption

8 April 2010

4 Reason

There is potential to cause significant environmental impact on residents within the vicinity of scare gun operation.

5 Scope

Applies throughout the Cabonne LGA.

6 Associated Legislation

The Protection of the Environment Operations Act and Regulation

Environmental Planning and Assessment Act and Regulation

7 Definitions

Scare gun - is defined as any device designed or used to act as a deterrent to birds or other pests or predators that destroy, consume or damage any agricultural produce, by emitting a sound or vibration intermittently or continuously.

8 Responsibilities

8.1 GM

The General Manager is responsible for the overall control and implementation of the policy.

8.2 Directors and Managers

Directors and Managers are responsible for the control of the policy and procedures within their area of responsibility.

9 Related Documents

Document Name

Document Location

 

 

10 Policy Statement

a) That the use of scare guns only be permitted, without specific Council consent, between the hours of 7.00am to 8.00pm each day and that such use be at intervals of not less than three minutes.  Where there are more than one gun operating on any one property the discharge times be synchronized.

(b) That scare guns not be operated less than 200m from any residence on an adjoining property or at any greater distance determined by Council’s General Manager in particular circumstances.

 

(c) That the General Manager be authorised to extend the hours of operation of scare guns for limited periods where particular pests require such an extension.

 

 

 


Item 21 Ordinary Meeting 19 April 2010

Item 21 - Annexure 1

 




 


Item 22 Ordinary Meeting 19 April 2010

Item 22 - Annexure 1

 








 


Item 23 Ordinary Meeting 19 April 2010

Item 23 - Annexure 1

 

 


Item 24 Ordinary Meeting 19 April 2010

Item 24 - Annexure 1

 

Minutes: Molong Creek – 31.03.10  6.30pm

 

Apologies – Crs Culverson, Wilcox

 

Meeting Opened

Meeting opened by the Mayor, making reference to the large number in attendance and providing an overview of the wide ranging issues. Reference made to the CENTROC secure water study and the Lake Rowlands scheme.

 

The Director ETS spoke to the Fact Sheet tabled providing general information on the Molong Creek catchment and Water Supply Dams. Specific reference was made to the extent of water being extracted from the catchment and the impact this has on the health of the Molong Creek.

 

Meeting Agenda

The Mayor invited those people who submitted items for the meeting to address the meeting in order;

 

Wayne Hogan                Low water levels in the Molong Creek

§ Extraction from aquifer

 

Glen Davis:                    Molong Creek and Tributaries Association.

§ Noticed that creek not flowing even though good rain fall

§ Effect of Christmas/ New Year rainfall had very short term effect on flows

§ Effluent issue? Quality of water below STP

§ Review recommendations for riparian and environmental flows

§ Harvesting of water from Lake Canobolas. Reference to the REF being prepared by OCC (Consultant – David Swan).

§ Full audit of flows in and out of Borenore, Molong and Lake Canobolas

§ Council to implement recommendations in Catchment management plan 1989

§ OCC Cabonne – review of OCC REF for extraction of water from Lake Canobolas.

Bill McLachlan               Environmental Flows

§ Flow in streams after good rains does seem to produce flows in creek that would occur in years past

§ Is this observation the same for other part of the shire?

Anthony Lloyd               State (health) of the Creek

§ Similar issues and observation to Bill

·      Algae more common

·      Flow in creek stops within a week of good rain fall

§ 1st time in 11 years the creek has run dry.

§ Survey D/S of dam to establish quantity required to achieve a environmental flow

Jim Bunting                   Water Quality

§ Water quality

§ Sewerage and sludge in creek below Molong?

§ Use of bore water

 

Les Dean -            Environmental flows, Water Supply, Water Security    

§ Advised by the CMA that the Office of Water will be regulating extraction from the Molong Creek by 2016. Formalise all un-regulated stream

§ Macro water sharing plans

§ Questioned the proposal to supply raw water to rural residential developments. Need to look at secure yield and potential connection to existing allotments.

§ Release from Molong Dam and Borenore for environmental flow.

Philip Gosper                 Flow in Creek, north (down stream) of Molong

§ Water extracted from creek killed fish in tank.

Queried why RTA extracting from Molong Creek for roadworks

Dean Williamson  Representing the fishing club

§ Not present, concerned about the lack of water in the creek and fish habitat

David Swan          Swan Environmental Project Management

§ Consultant for OCC

§ Looking at issue re: extraction from Lake Canobolas

§ REF – Draft to Council

§ Studies – Modelling includes Molong Creek to the Dam.

 

FROM THE FLOOR

§ Find out how many licenses are out there  - Bores & Pumps

§ Also need to consider condition above the Molong Dam and impact of extractions having on the upper catchment

 

Recommendations

 

1.  Council to consider release from Borenore Dam for environmental flow. Release to be monitored to establish volume required to “pulse” down stream to Molong.

2.  Council to investigate the extent of water extraction from the Molong Creek & Tributaries catchment to the junction with Bell River. The investigation to include dams, pumps and bores.

3.  Council to consider existing residents outside the village area who may also wish to connect to raw water supply when reviewing its water supply policy.

4.  That Council Not “Sell” water from Borenore Dam.

5.  Cabonne Council to write to OCC asking for the REF currently being prepared for Lake Canobolas (water supply to Orange) to consider environment flows below Lake Canobolas and the protection of riparian nights.

6.  Council writes to all those people and organizations who registered an item for the meeting thanking them for their interest in this matter.

 

Meeting closed : 8:45 PM


ATTENDANCE SHEET

NAME

ASSOCIATION

CONTACT DETAILS

Rob Staples

CABONNE

63907123

Lachie MacSmith

Councillor

63642210

Meg Bannigan

Molong Creeks and Tributaries

63625084

Glenn Davis

Molong Creeks and Tributaries

63668409

Bill McLaughlin

Molong Creeks and Tributaries

663668016

Ian Gosper

Councillor

63668375

Jim Bunting

‘Endellion’ Molong

63668637

Judith Buntiing

‘Endellion’ Molong

63668637

Neal Fogarty

Molong Creeks and Tributaries

63652314

Barbara Fogarty

Molong Creeks and Tributaries

63652314

Rozzi Smith

Molong Express

63668017

Paul Mullins

Molong Express

63668017

Bret Ferris

Golden Cross Resources

0407633462

Jane Bunting

‘Studlea’ Molong

63668085

Hugh Foy

‘Westlynn’ Molong

63668047

Brian Cullinane

‘Oringi’ Forbes Road - Orange

63650676

H McLaughlin

‘Gamboda’ Molong

63668016

Peter Thomas

40 Bank Street Molong

63668561

Wayne Hogaul

‘Glenbournie’ Molong

63668225

Margaret Peters

‘Billeroy’ Molong

63668151

Barry Peters

‘Billeroy’ Molong

63668151

David Hyde

Councillor

 

David Swan

Swan Environmental

0408635818

Dee Napier

‘Kyalla Park’ Borenore

63626946

Rob Naper

‘Kyalla Park’ Borenore

63626946

Noel Bleakley

8 Smith Street Molong

63668517

Mai Cameron

Warrabah Molong

63668311

Hugh Cameron

Warrabah Molong

63668311

Chris Johnson

Golden Cross Resources

63651203

Alison Trowbridge

‘Gamboola’ Molong

63669166

David Trowbridge

‘Gamboola’ Molong

63669166

Phillip Gosper

Limestone Lodge Molong

63696221

Merrilyn Gosper

Limestone Lodge Molong

63696221

Les Dean

‘Fern Hill – 500 Parkhams Drive

0429601843

Gary Bannigan

 

 

 

 

 

 

 


Item 25 Ordinary Meeting 19 April 2010

Item 25 - Annexure 1

 






 


Item 26 Ordinary Meeting 19 April 2010

Item 26 - Annexure 1

 



 


Item 28 Ordinary Meeting 19 April 2010

Item 28 - Annexure 1

 

Caravan park options – concepts for future management

 

Option Number                                 1                           2                           3                           4                                     5                           6                                    7                                             

 

No Change.               Close parks entirely.        Maintain parks             Pay town maintenance              Maintain with                   Privatise the parks                 Provide permanent resident

Maintain parks                                                as 24 hour rest          officer call out fee            honesty box          Sell off or lease out 100%     with free accommodation to

as is.                                                    stop, no charge,.    to care take park  -                  No caretaker                                                         be park caretaker

Effects                                                                                                                 (primitive toilet only)        Keys at office when open   24 hour rest stop

                                                                                                                  No caretaker                                                         No caretaker

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Political fallout                                             no change             adverse                          adverse                          no change                           adverse                          no change                       no change

 

Permanent residents                                    remain in park                 relocate                          relocate                         remain in park                          relocate                          remain in park                          remain in park

 

Caravan facility                                           no change             closes                   reduced                 no change                      no change             no change                      no change

 

Income                                                        no change             nil                         nil                         no change                      reduced                nil                                   reduced

 

Expenses                                          no change             greatly reduced               reduced                 marginally reduced                reduced &