cabonne Council colour 200 wide

 

 

 

 

 

 

16 August 2010

 

 

NOTICE OF ORDINARY COUNCIL MEETING

 

Your attendance is respectfully requested at the Ordinary Meeting of Cabonne Council convened for Monday 23 August 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 19 July 2010 and the Extraordinary held 2 August 2010.

6)       Consideration of Mayoral Minute

7)       Consideration of Other Councillors’ Reports

8)       Consideration of General Manager’s Report

9)       Matters of Urgency

10)    Questions on Notice

11)    Resolve into Committee of the Whole

a)    Consideration of Closed Items

12)    Adoption of Closed Committee of the Whole Report

 

 

 

 

 

 


 

ATTENDEES – AUGUST 2010 COUNCIL MEETING

 

 

10.20am   

Presentation to Peter Culverson  -  Volunteer of the Month August

10.30am

Molong Brochure Launch

11.00am

Barry Herbert, Eugowra Promotion & Progress Association

12.00pm

Richard Cummins (Applicant)  & Bill Perry (Objector) – DA 2010/063

12.20pm

David Gordon addressing Council regarding increase in rates

 

 

 

 

 

 

 

 

 

 


 

 

 

 

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   TO BE HELD ON  

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      APPLICATIONS FOR LEAVE OF ABSENCE.................................. 3

ITEM 2      DECLARATIONS OF INTEREST....................................................... 3

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

ITEM 4      MAYORAL MINUTE - APPOINTMENTS........................................... 3

ITEM 5      CONFIRMATION OF THE MINUTES................................................. 3

ITEM 6      BUSINESS PAPER ITEMS FOR NOTING........................................ 3

ITEM 7      CABONNE ORANGE BLAYNEY BUSINESS ENTERPRISE CENTRE - UPDATE REPORT.................................................................................................. 3

ITEM 8      CONSTITUTIONAL CONVENTION - ONE ASSOCIATION LOCAL GOVERNMENT NSW.......................................................................................................... 3

ITEM 9      Notice of Motion - Councillor Expenses....................... 3

ITEM 10    Code of Meeting Practice Policy........................................ 3

ITEM 11    PECUNIARY INTEREST RETURNS.................................................. 3

ITEM 12    Payment of Expenses and Provision of Facilities for Mayor and Councillors 2010 Policy........................................................... 3

ITEM 13    POLICY DATABASE - Mullion Creek After School Hours Care Service Policy................................................................................. 3

ITEM 14    Government Information (Public Access) Act ("GIPA")  3

ITEM 15    POLICY DATABASE - Engineering Policies......................... 3

ITEM 16    Commonwealth Bank of Australia Banking Proposal 3

ITEM 17    CESSATION OF FARMLAND 20% REBATE - ASSESSMENT 2402-00000-0    3

ITEM 18    REQUEST FOR WAIVER OF SEWERAGE CHARGES - ACCOUNTS 3501.02200.2 AND 61921.00000.8.............................................................................. 3

ITEM 19    ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING 3

ITEM 20    Seniors Week.................................................................................... 3

ITEM 21    COMMUNITY SERVICES COMMITTEE MEETING........................ 3

ITEM 22    EUGOWRA COMMUNITY CHILDREN'S CENTRE......................... 3

ITEM 23    WORKS COMMITTEE MEETING MINUTES.................................... 3

ITEM 24    MOLONG SHOWGROUND AND GOLF CLUB BORE WATER SUPPLY   3

ITEM 25    Summer Hill Creek Causeway, Ophir Reserve............ 3

ITEM 26    ENVIRONMENTAL FLOW MOLONG CREEK................................. 3

ITEM 27    BLACKSPOT FUNDING FOR BURRENDONG WAY.................... 3

ITEM 28    VOLUNTARY PURCHASE OF FLOOD AFFECTED HOUSE IN EUGOWRA      3

ITEM 29    WELLINGTON VALLEY WIRADJURI NATIVE TITLE CLAIM - NSD 912/09       3

ITEM 30    Modification of Development Application 2010/063 for a two lot subdivision of Lot 23 DP872892, Lot 418 DP1083051 and Lot 105 DP1007655, Horspool Way and Darcy Brown Place.. 3

ITEM 31    ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING................................................................................................................... 3

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 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      WALUWIN CENTRE UPDATE

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business

ITEM 5      Manildra Library

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business

ITEM 6      Outstanding Debtor Account

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

ITEM 7      ABANDONMENT OF RATES AND WATER/SEWER AMOUNTS 2009/10

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

ITEM 8      DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS

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

ITEM 9      TENDER FOR HIRE OF EXCAVATOR FOR THE MOLONG QUARRY

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

ITEM 10    PURCHASE OF TRUCK MOUNTED WATER TANKER

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business

ITEM 11    PURCHASE OF TILT TIP TRAY TRUCK

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business

ITEM 12    PURCHASE OF AUTOMATED ROAD MAINTENANCE TRUCK

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business

ITEM 13    PURCHASE OF BITUMEN MAINTENANCE TRUCK

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business

ITEM 14    QUARRY COMMITTEE MEETING MINUTES

Procedural

ITEM 15    Molong Gasworks Remediation

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business   

 

ANNEXURE ITEMS

 

ANNEXURE 5.1    Minutes of Ordinary Meeting held 19 July 2010   3

ANNEXURE 5.2    Minutes of the Extraordinary Meeting held 2 August 2010                                                                                                      3

ANNEXURE 14.1  Draft Access to Information Held By Council Policy & Guidelines............................................................................ 3

ANNEXURE 14.2  Accessing Information held by Council  FAQ's    3

ANNEXURE 15.1  Draft Gravel Royalty Rates Policy................... 3

ANNEXURE 15.2  Draft Cabonne Water Supply Policy................. 3

ANNEXURE 15.3  Draft Road Load Limits Policy................................ 3

ANNEXURE 17.1  farmland 20 percent max increase July2008.pdf        3

ANNEXURE 18.1  Waiver of Sewerage Charges................................. 3

ANNEXURE 19.1  Report of the Economic Development & Tourism Committee                                                                                                      3

ANNEXURE 21.1  Report of Community Services Committee..... 3

ANNEXURE 22.1  Eugowra Community Hall upgrade..................... 3

ANNEXURE 23.1  Report of the Works Committee........................... 3

ANNEXURE 24.1  Letter of reply from Molong Showground Assoc   3

ANNEXURE 24.2  Molong Showground User Assoc letter....... 3

ANNEXURE 29.1  Wellington Wiradjuri People Map....................... 3

ANNEXURE 30.1  DA 2010_063 Submissions............................................... 3

ANNEXURE 30.2  DA 2010_063 Applicants response to draft report    3

ANNEXURE 30.3  DA 2010_063  Access drawings.................................. 3

ANNEXURE 31.1  Report of the Environmental Services and Sustainability Meeting 2 August 2010................................................... 3  

 


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 - 193717

 

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 - 193718

 

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 - 193719

 

General Manager's REPORT

 

A call for Political Donations.

 

 

Recommendation

 

THAT any Political Donations be noted.

 

 

ITEM 4 - MAYORAL MINUTE - APPOINTMENTS

REPORT IN BRIEF

 

Reason For Report

To allow noting of the Mayoral appointments plus other Councillors' activities 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 - 193720

 

General Manager's REPORT

 

A call for the Mayoral appointments and attendances as well as other Councillors’ activities reports to be tabled/read out.

 

 

Recommendation

 

THAT the information contained in the Mayoral Minute be noted.

 

 

 

ITEM 5 - CONFIRMATION OF THE MINUTES

REPORT IN BRIEF

 

Reason For Report

Adoption of Minutes

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

GOVERNANCE - Procedural

Annexures

1.  Minutes of Ordinary Meeting held 19 July 2010

2.  Minutes of the Extraordinary Meeting held 2 August 2010    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 193721

 

General Manager's REPORT

 

The following minutes are attached for endorsement.

1.   Minutes of the Ordinary Council meeting held on 19 July 2010

2.   Minutes of the Extraordinary meeting held on 2 August 2010

 

Recommendation

 

THAT the minutes of the Ordinary Meeting held on 19 July 2010 and the Extraordinary Meeting held on 2 August 2010 be adopted.

 

 

ITEM 6 - BUSINESS PAPER ITEMS FOR NOTING

REPORT IN BRIEF

 

File Number

194121

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 - CABONNE ORANGE BLAYNEY BUSINESS ENTERPRISE CENTRE - UPDATE REPORT

REPORT IN BRIEF

 

Reason For Report

To provide an update to Council on the activities of the Cabonne Orange Blayney Business Enterprise Centre following the August Board meeting.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Economic Development

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 194712

 

General Manager's REPORT

 

The most recent Board meeting of the Cabonne Orange Blayney Business Enterprise Centre was held in Bathurst on 11 August 2010.  The meeting coincided with a Network Event which was officially opened by the NSW Minister for Small Business, Frank Terenzini.

 

There were a range of issues covered at the meeting, some of which may be of interest to Council include:

 

a)   The BEC has adopted the recommendations of a review of its governance, financial and operational arrangements and a number of subcommittees viz Finance, Governance and Strategic Planning have been put in place.

 

b)   Funding has been received for 23 new Enterprise Incentive Scheme placements for the period July to December which will generate some $48,000 in income.

 

c)   The BEC Initiative, funded by the Federal Government, continues to provide outstanding service to the Central West Community, with KPIs under the grant funding being met and good comment received back from the funding agency.

 

d)   The 11th annual Daroo Award staged in Cumnock were very successful with excellent feedback being received from the BEC Board members concerning the presentation of the pavilion, the quality of the meal and the conduct of the night.

 

e)   The Small Business Advisory Program run by the BEC continues to receive good support and feedback from persons interested in increasing their business operations or establishing new ones.

 

f)    A successful Business Online Program, which is aimed at providing internet and website opportunities for local businesses, has been rolled out.  To date, workshops have been held in Canowindra, Cowra, Grenfell, Parkes, West Wyalong and Oberon with Bathurst, Blayney, Molong and Young to be undertaken in the next two months.

 

g)   The draft profit and loss statement for the BEC for the period July 2009 – June 2010 indicates a surplus of $89,000 (subject to final audit).

 

The next meeting of the BEC will be held in conjunction with the AGM which will be held at the BEC offices in Lords Place Orange on Wednesday 13th October.

 

Recommendation

 

THAT the information be noted.

 

 

 

ITEM 8 - CONSTITUTIONAL CONVENTION - ONE ASSOCIATION LOCAL GOVERNMENT NSW

REPORT IN BRIEF

 

Reason For Report

To provide update to Councillors

Policy Implications

Possible, depending on final outcomes from deliberations

Budget Implications

Possible, depending on final outcomes from deliberations

Area of Responsibility

Government Relations

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 194775

 

General Manager's REPORT

 

The Constitutional Convention for One Association Local Government NSW was held in Sydney on 16-17 August.

 

The Mayor and General Manager are attending the Convention and it is proposed to provide an update on meeting day.

 

Councillors have previously been supplied with a copy of the Taskforce Discussion Paper which contains a number of recommendations for consideration from the conference.

 

For Councillors information, a summary of the discussion paper is provided below.

 

1.   The paper did not present a specific model or models for One Association.  It presents and proposes the principles on which a new Association would be based.  Once there is agreement on the basic principles, the model will emerge.

 

2.   Primary purpose of discussion paper is to encourage consideration, debate and discussion.

 

3.   There are 8 terms of reference contained on page 6.  They include such things as: number and roles of President, Office Bearers and Executive members; number of delegates; distinction between metropolitan and non metropolitan members; how to protect majority view of metro and non metro members; ordinary and associate members; how to deal with county councils and Aboriginal land councils; transition arrangements.

 

4.   The paper contains 40 recommendations. The key recommendations include:

a.   2 membership categories (Ordinary & Associate);

b.   All 152 General Purpose Councils eligible for Ordinary membership;

c.   County Councils and Aboriginal Land Councils Associate Members;

d.   Ordinary members can put motions, vote and nominate for Board;

e.   NSW broken into 2 regions being metro/urban and rural/regional;

f.    Rural/regional includes peri-urban Councils, eg Newcastle & Wollongong;

g.   Board initially 17 members - 1 x President (elected at large), 8 metro/urban and 8 rural/regional then back to 13 after 4 years;

h.   Terms 2 years (President maximum of 2 x 2 year terms);

i.    All Ordinary members have equal voting rights;

j.    Associate members can put and vote on motions.

5.   Each of the recommendations are broken up under headings such as:

 

a.   Association Membership

b.   Representational structure

c.   Size of Board of Directors

d.   Voting for Board members and office holders

e.   Terms lengths

f.    Alternating the positions of President and Treasurer

g.   Voting rights

h.   Transitional arrangements

 

These various categories include discussion points on the various recommendations and should be read to understand the issues more fully, current arrangements and pluses and minuses for various thoughts and ideas.

 

The various subheadings also contain options in addition to the other recommendations.

 

6.   Issues that the taskforce found hard to reach majority agreement included:

 

a.   How many representative regions there should be.

b.   How many votes each Council should have in electing the Board of One Association.

 

7.   Two main issues identified in change process as difficult to overcome are:

 

a.   Lack of trust in the process and the people involved.

b.   Fear – fear that I/my Council/my region etc will loose power or control or representation

c.   These will be the pivotal points in achieving a level of change everyone agrees is needed or whether we just continue with business as normal.

8.   Likely to be a long time before local government in NSW is presented with this opportunity again.

 

9.   The recommendations in the discussion paper reflect the majority view of taskforce members, however they do not necessarily reflect the unanimous view in all cases.

 

Taskforce Recommendations

 

The Taskforce recommends that within One Association:

 

1.   There be two (2) council membership categories; Ordinary & Associate and an additional category for Patrons, who would be individuals appointed by the Board of Directors.

 

2.   All 152 general purpose councils will be eligible for ordinary membership.

 

3.   The NSW Aboriginal Lands Council will be eligible for Associate membership.

 

4.   All NSW County Councils will be eligible for Associate membership.

 

5.   Elected Councillors from Ordinary members will be eligible to run for positions on the Board of Directors.

 

6.   Elected Councillors from Ordinary members who are their Council’s nominated voting delegates will be eligible to vote for positions on the Board of Directors.

 

7.   Ordinary member Councils will be eligible to put motions to Conference.

 

8.   Elected Councillors from Ordinary members who are their Council’s nominated voting delegates will be eligible to vote for motions at Conference.

 

9.   Elected Councillors from Associate members will not be eligible to run for positions on the Board of Directors.

 

10. Elected Councillors from Associate members will not be eligible to vote for positions on the Board of Directors.

 

11. Associate member Councils will be eligible to put motions to Conference.

 

12. Elected Councillors from Associate members who are their Council’s nominated voting delegates will be eligible to vote for motions at Conference.

 

13. For the purposes of representation NSW should be broken up into two (2) regions being a metropolitan/urban region and a rural/regional region.

 

14. The metropolitan/urban region to be defined as councils which fall within the County of Cumberland plus Camden.

 

15. The rural/regional region to be defined as all other councils. This will include peri-urban councils, eg Newcastle, Wollongong etc.

 

16. For the first two(2) terms the Board of Directors should consist of a maximum of 17 members being:

a.   1 X President

b.   8 X Board members representing Metropolitan/Urban councils

c.   8 X Board members representing Rural/Regional councils

 

17. One (1) person be elected to the position of Metropolitan/Urban Vice President from among the 8 board members elected to represent the Metropolitan/Urban councils.

 

18. One (1) person be elected to the position of Rural/Regional Vice President from among the 8 board members elected to represent the Rural/Regional councils.

 

19. One person be elected to the position of Treasurer from among the 14 of the 17 board members who have not been elected to the positions of President or Vice President.

 

20. Commencing from the third term after the establishment of the new Association that the maximum number of board members be 13 being:

 

a.   1 X President

b.   6 X Board members representing Metropolitan/Urban councils

c.   6 X Board members representing Rural/Regional councils

 

d.   And under this arrangement (recommendations 21, 22 and 23 which would then replace recommendations 17, 18 & 19).

 

21. One (1) person be elected to the position of Metropolitan/Urban Vice President from among the 6 board members elected to represent the Metropolitan/Urban councils.

 

22. One (1) person be elected to the position of Rural/Regional Vice President from among the 6 board members elected to represent the Rural/Regional councils.

 

23. One person be elected to the position of Treasurer from among the 10 of the 13 board members who have not been elected to the positions of President or Vice President.

 

24. There should not be a position of Immediate Past President nor Vice President General on the Board of Directors.

 

25. The position of President should be elected at large by all voting delegates.

 

26. The positions of Board members to represent the Metropolitan/Urban councils should be elected by all voting delegates from only those councils who are categorised as Metropolitan/Urban.

 

27. The positions of Board members to represent the Rural/Regional councils should be elected by all voting delegates from only those councils who are categorised as Rural/Regional.

 

28. The position of Metropolitan/Urban Vice President should be elected from among those elected as Board Members to represent the Metropolitan/Urban councils by all voting delegates from only those councils who are categorised as Metropolitan/Urban.

 

29. The position of Rural/Regional Vice President should be elected from among those elected as Board Members to represent the Rural/Regional councils by all voting delegates from only those councils who are categorised as Rural/Regional.

 

30. The position of Treasurer should be elected from among those Board Members who have not been elected as President or Vice Presidents by all voting delegates.

 

31. The terms of office for all Board members and Office Holders should be for a period of two (2) years.

 

32. A person may hold the position of President for no more than two 2-year consecutive terms (subject to being re-elected after the first term), before the position must alternate to another region.

 

33. There be no term limits for the positions of Vice Presidents (subject to being re-elected).

 

34. There be no term limits for the position of Treasurer (subject to being re-elected).

 

35. There be no term limits for the positions of Board Members (subject to being re-elected).

 

36. The position of President should be alternated between regions.

 

37. There is no need for the position of Treasurer to be alternated.

 

38. Ordinary member councils should all have equal voting rights for the election of the Board of Directors.

 

39. Ordinary member councils should all have equal voting rights when dealing with motions at Conference.

 

40. Associate members have 1 vote per member council when dealing with motions at Conference.

 

Council should be aware that the examination of One Association has been endorsed by both the Local Government Association Members and the Shires Association Members.  Councillors will note from the Discussion Paper, there are still issues that need to be resolved and it is hoped that the Convention will begin to address these issues.

 

 

Recommendation

 

THAT Council receive an update on the Constitutional Convention One Association Local Government NSW at its August meeting.

 

 

ITEM 9 - Notice of Motion - Councillor Expenses

REPORT IN BRIEF

 

Reason For Report

Consideration of Notice of Motion regarding reporting Councillor expenses

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Councillors Expenses

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 194834

 

DIRECTOR OF FINANCE & CORPORATE SERVICES’ REPORT

 

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

 

The Motion reads:

 

“THAT:

1.      Council receive a report to the September 2010 Council meeting and there after in August each year, providing a break-up of Councillor and Senior Staff expenses provided under the headings of Councillor or staff member, type and amount of expense, facility or other in-kind benefit, etc for the previous financial year.

 

2.      Such report to also include details of attendances and representations as listed by Councillors at the monthly Council meeting.

 

3.      Where a registration fee has been paid to attend any of the above the report is also to include the actual attendance (be it full or partial) at the event and type of registration paid (ie full or partial).

 

 

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

Clr K Walker                         Clr J Farr                               Clr J Culverson”

 

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 10 - Code of Meeting Practice Policy

REPORT IN BRIEF

 

Reason For Report

To provide an update relating to information provided by the Division of Local Government (DLG) re "tabled documents" and "Matters of Urgency".

Policy Implications

Will require an update to Council's policy subject to Council's decision

Budget Implications

Nil

Area of Responsibility

Governance

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 192769

 

Administration Manager's REPORT

 

Council at its May 2010 meeting resolved, inter alia:

 

THAT advice be sought as to the definition of “tabled documents”.

 

This requirement was in the context of the following amendment to Council’s Code of Meeting Practice policy:

 

“THAT:

1.      The deadline for all tabled documents be 5pm on Friday preceding the monthly meetings and these late document be emailed to all councillors and relevant staff by this time.

2.      The process be on trial for six (6) months.”

The DLG was approached for advice and provided the following general information in relation to this matter:

In relation to your query about the definition of the term 'tabled documents”, the Local Government Act 1993 and the Local Government (General) Regulation 2005 do not define the term.  If Council's code of meeting practice includes this term then Council should determine for itself what it means by it.  However it is generally accepted that to table a document is to put it forward for discussion at a meeting.

Whilst not provided by the DLG the definition in the Interpretations Act 1987 is beneficial:

 

“document means any record of information, and includes:

(a)     anything on which there is writing, or

(b)     anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them, or

(c)     anything from which sounds, images or writings can be reproduced with or without the aid of anything else, or

(d)     a map, plan, drawing or photograph.

 

Discussion at the Council meeting included the question whether the amendment to Council’s Code of Meeting Practice would apply to verbal reports, it is reasonable to determine based on the legal definition of “document” that it does not. 

 

In plain terms the provision to table documents (being written reports) is currently governed as far as Council is concerned by the May 2010 Resolution to provide same by “… 5pm on Friday preceding the monthly meetings and these late document be emailed to all councillors and relevant staff by this time.”

 

This is almost consistent (not being quite 3 clear days) with the main ‘concern’ of the Local Government Act, (s367 refers), that sufficient notice of “at least 3 days” is to be given for consideration of a matter prior to a meeting.

 

Notwithstanding, as the concern by some councillors seemed to relate to the ability for councillors to verbally raise matters during a council meeting it is relevant to now address “Matters of Urgency”.

 

At the June 2010 Council meeting at the time of adoption of a “Questions For Next Meeting” Item for Council meetings the Mayor requested that a definition of “matter of urgency” be also sought from the DLG.   The DLG response was:

 

In relation to the term 'matter of urgency', clause 241(3) of the Regulation provides that a matter may be brought before a council meeting despite due notice under section 367(1) of the Act not being given if the matter proposed to be brought forward is ruled by the chairperson to be of great urgency and a motion is passed to bring the matter before the meeting.

 

Therefore, it is a matter for Council to determine whether a matter is of urgency or not.  However, Councillors and Council staff should not attempt to use clause 241(3) of the Regulation other than where a matter must come before the next meeting despite the inability to give the minimum notice required by section 367(1) of the Act.  A councillor's action in trying to have non urgent business transacted under clause 241(3) of the Regulation may be ruled out of order pursuant to clause 238(2) of the Regulation.

 

That is, verbal (and written) matters not on the agenda can be raised as “Matters Of Urgency” if they are truly ‘urgent’ after:

a)    A Motion is passed to that effect, that is “THAT (a matter) be transacted at the meeting”;’ and

b)    a ruling by the Chair that the matter is of great urgency.

 

As the DLG’s response did not provide examples of what “urgent” is one can look to other references as a guide.

 

The DLG Meetings Practice Note No 16 in referring to calling an Extraordinary meeting in an “emergency” states “emergency” could cover natural disasters, states of emergency, or urgent deadlines that must be met.  It is suggested a similar approach could be used to define “Urgent”.  Again, a reasonable approach would be to state that any matter which requires a decision prior to the next meeting could be ruled as urgent or a matter has arisen which needs to be brought to Council’s attention without delay.

 

Two further points are relevant:

1.   With the introduction of “Questions For Next Meeting” it is envisaged most issues raised verbally can be dealt with.  There is provision for an immediate response by Staff if possible or a report can be provided to the Council meeting after research on the matter.

2.   If following a motion to treat a matter as urgent the Chair rules it as non urgent, a councillor may move a motion of dissent and only that same Councillor and the Chair can speak on the matter before putting the motion to a vote.  If the Council votes that the matter is in fact urgent then the matter must be addressed as a “matter of urgency”.  The reverse also applies if the Chair rules it urgent and a councillor(s) does not agree due to wishing to have time to consider the matter as provided by s367 of the LG Act.

 

 

Recommendation

 

THAT the Code of Meeting Practice policy be amended to include a definition of “matter of urgency” as:

 

1.   Any matter which requires a decision prior to the next meeting or a matter which has arisen which needs to be brought to Council’s attention without delay such as natural disasters, states of emergency, or urgent deadlines that must be met.

 

 

ITEM 11 - PECUNIARY INTEREST RETURNS

REPORT IN BRIEF

 

Reason For Report

Councillors are advised of the requirement to lodge a Pecuniary Interest Return with the General Manager before 30 September 2010.  Council is also required to determine the “designated” positions within Council staff who are to submit returns.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Governance - Pecuniary Interest

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 192835

 

Administration Manager's REPORT

 

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

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

1.      General Managers

2.      Other senior staff of Council

3.      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

4.      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.

The form of the Pecuniary Interest Return is prescribed in Schedule 3 of the Local Government (General) Regulations 2005.  The interests and other matters to be disclosed in the return are prescribed by Part 8 of the Regulation.  The completed Returns can be inspected by any person.

 

Printed Draft Pecuniary Interest Return forms have been provided together with the July Committees Business Papers based on previous year’s Returns to facilitate updates from previous year’s disclosures.  It is again stressed that responsibility for updating and the correctness of the Return rests with the councillor making the disclosure and signing the Return.

 

An email was also sent providing a link to the DLG’s Self-Help Guide For The Completion Of Returns Disclosing Interests Of Councillors And Designated Persons Required Under Section 449 Of The Local Government Act 1993 – the link is provided again herewith:

http://www.dlg.nsw.gov.au/Files/Information/08-71%20Self%20Help%20Guide.pdf

It is imperative the returns are completed correctly and legibly and returned to the Administration Manager by 30 September 2010.  To assist with Legibility which has been an issue in the past, councillors may hand write (in CAPITALS) any amendments/changes on the forms and Council staff will re-type them for signature.

The introduction of the Government Information (Public Access) Act contains a requirement to place these returns on Council’s website.  Due to concerns raised about the personal information included, the Information Commissioner has issued guidelines as follows:

The Information Commissioner has issued a guideline that the requirement in Sch 1, [2](2)(a) of the GIPA Regulation that returns of councillors and designated persons be released as part of local councils’ open access information should be interpreted as follows:

 

1.   The returns should be made publicly available for inspection free of charge.

2.   Copies may be made in accordance with the GIPA Regulation Part 2 [4](b).

3.   Local councils should note clearly on their website that the returns are available for inspection at council offices during ordinary business hours.

4.   Information contained in the returns should not be placed on the website of a local council.

 

The right of councillors and designated persons under s739 of the Local Government Act to ask that certain personal information be removed from the returns before they are made publicly available remains unaffected. 

 

This means that councillors and designated persons may ask to omit or remove any matter that discloses the person’s place of living if the person considers that the disclosure would place or places the personal safety of the person or of members of the person’s family at risk.

 

Any councillor with such concerns should advise the Administration Manager.

 

 

Recommendation

 

THAT Council:

 

1.         Endorse the staff whose positions require preparation of reports to Council meetings as “designated” thereby requiring incumbents to complete a Pecuniary Interest Return:

 

2.         Require all councillors and designated staff to complete a Pecuniary Interest Return and lodge it with the General Manager by 30 September 2010.

 

 

ITEM 12 - Payment of Expenses and Provision of Facilities for Mayor and Councillors 2010 Policy

REPORT IN BRIEF

 

Reason For Report

To advise of a need to review the policy in relation to limits set for categories of expenses provided and review additional facilities for Mayor

Policy Implications

Yes - review required

Budget Implications

Yes - Depending on levels set

Area of Responsibility

Policy

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 192928

 

Administration Manager's REPORT

 

In preparation for the upcoming requirement to readopt the Policy, s252(1) of the Local Government Act (LG ACT) refers, it was noted during the review process that Council’s policy does not comply with DLG Guidelines insofar as setting monetary limits to expenses.  

 

History

 

Council at its October 2008 amended the above policy to comply with DLG Guidelines as updated at that time – Circular 07-22 refers.

 

At its October 2009 meeting Council endorsed the expense limits set in the Draft policy which was then advertised as required.  At its November 2009 meeting Council adopted the Payment of Expenses and Provision of Facilities for Mayor and Councillors 2010 Policy after it was reviewed in accordance with DLG revised Guidelines of October 2009. 

 

Other amendments incidental to this report have been made during the policy’s history

 

Issue

 

At the time of the policy being adopted in 2008 the limits were set as follows:

 

 

Expense

Mayor

Deputy Mayor

Individual Councillors

Maximum Annual Expense Limits

Agreed training

3,500

2,500

2,000

Mandatory Councillor Information session

400

400

400

Conferences & Seminars

5,000

3,000

2,000

Local travel

N/A

4,000

4,000

Interstate Travel

2,000

1,500

1,000

Overseas Travel

Not Available

Not Available

Not Available

Motor Vehicle

Reimbursement to Council for private travel

Council vehicle for attending out of area functions

Council vehicle for attending out of area functions

Mobile Phone

Reimbursement to Council for private calls

*Not Available

*Not Available

Internet Access

$360 (max)

$360 (max)

$360 (max)

Stationery

$200

$100

$100

Business Cards, Name tags, etc

$150

$150

$150

Corporate Uniform

(50% contribution)

$200 (max.)

$200 (max.)

$200 (max.)

Mayoral Office Refreshments

$1,500

Not Available

Not Available

 

As may be seen, maximum limits were inadvertently not provided for the Mayor’s Motor Vehicle and Mobile Phone and Motor vehicles provided to the Deputy Mayor and Individual Councillors.

 

Notwithstanding that Council resolved at its June 2009 meeting (09/06/14):

 

THAT Council:

1.  Amend its policy for the Payment of Expenses and Provision of Facilities for Mayor and Councillors to indicate that where individual limits are set for Councillors that such limitations are a global amount and not a strict individual limit.

the DLG Guidelines require totals for each category of expense be listed.  The DLG has recently confirmed that an annual expense limit must be specified.

 

Council is now requested to set limits for the categories of expense previously omitted prior to the annual process of readopting the policy.  In doing so, councillors should be mindful of its policy and the DLG guidelines that:

 

It is the responsibility of individual councils to establish what they would consider a reasonable level of provision by determining their own monetary limits and/or rates for the payment of expenses and other benefits to their councillors. 

 

Identifying and publishing monetary limits allows members of the public to know the expected cost of providing services to councillors and to make comment during the public consultation phase of making or amending the policy.  It also avoids situations where councillors incur costs that are unforseen or considered unreasonable by other councillors and the public.

Motor vehicles provided to the Deputy Mayor and Individual Councillors for attending out of area functions

The cost for the provision of a Council vehicle for attending out of area functions to the Deputy Mayor and Individual Councillors is accounted for within ‘local travel” and, based on actual expenditure, the annual limit is sufficient to cover that expense.

 

Mayoral Vehicle

In determining the Maximum Annual Expense Limit, Finance staff have confirmed that a reasonable approach is to discount the purchase price of the vehicle as it is fully recovered on sale.  Accordingly the actual expenses per vehicle* to be considered when setting a limit are as follows:

 

Amount

Item

$5,198.30

Fuel Total**

$648.36

Insurance Total

$444.32

Maintenance Total

$248.70

Oil Total

$1,357.13

Spare parts Total

$2,035.90

Tyres Total

$9,932.71

TOTAL

 

NB - *    - ‘per vehicle’ is highlighted as the current Mayor’s use is resulting in a turn over of 1 ½ vehicle per annum.

          ** - does not include Fuel paid by the Mayor for declared personal use.

 

Mayoral Phone

As indicated above the Mayor is required to reimburse Council for private calls.  The process consistent with that followed by staff with Council Mobiles is for him to indicate the private calls on the Telstra Invoice: it is accepted on an ‘honesty’ basis.

 

Research of various other Councils’ policies has indicated arrange of situations.  Some councils do not provide a mobile phone to their Mayor whilst others have set limits.  That is, councils have resolved an annual limit as the budget for calls to be made on the Mayor’s Council provided mobile phone for Council related matters.  Private calls and any calls in excess of that amount are payable by the Mayor.

 

Whilst Council has a policy of providing the Mayor with a Council purchased Mobile phone, the incumbent has requested to take over ‘ownership’ of the mobile phone number during the current Federal Election process.  In this case he is now entitled to claim reimbursement for Council related calls.

 

The actual expenditure and declared private calls for 09/10 was as follows:

 

 

Item

July*

2009

August** 2009

Sept 2009

Oct

2009

Nov

2009

Dec

2009

Gross Bill

$398.72

$248.33

$343.25

$234.11

$206.19

$246.76

Private

$25.59

$9.33

$12.05

$85.67

$163.29

$173.44

Nett cost

$373.13

$239.00

$331.20

$148.44

$42.90

$73.32

 

 

Item

Jan

2010

Feb

2010

March

2010

April

2010

May

2010

June 2010

Gross Bill

$195.27

$224.38

$176.96

$747.59

$689.60

$715.89

Private

$140.28

$82.29

$38.05

$190.08

$205.97

Not available

Nett cost

$54.99

$142.09

$138.91

$557.51

$483.63

$465.28^

*   - In July 2009 the Mayor’s phone was part of Council’s corporate Plan.

** - In August 2009 the Mayoral phone was placed on a capped plan which for $150 includes $1,500 of calls.  Charges in excess are payable on top of the capped amount as per above.

^   - using 35% private average for year

 

Discussion with the DLG on this matter confirmed that it is up to the individual Councils to justify the limits set and from their perspective would be considered reasonable if the limits set are the same as “peer” Councils.

 

Based on the DLG Comparative Information publications Cabonne is in Group 11 which also includes peer councils such as these below for which a limit could be found on their policies available through their websites. .

 

Council

Annual Phone Expense Limit

Per Annum

Cowra

$250 per month

$3,000

Inverell

$300 per month

$3,600

Muswellbrook

$75 per month

$900

Palerang

$200 per month

$2,400

 

Locally, Orange City Council has a limit of $100 per month and of the WBC Alliance councils: Blayney does not provide their Mayor with a phone; Central Tablelands Water does not provide their Chairman with a mobile phone and whilst Wellington does their policy does not set limits*.

Note: it is not the intention of this report to highlight another councils’ non compliance with the DLG guidelines in that they do not have a limit.

 

Additional provision of equipment and facilities for Mayor

 

At its August 2009 meeting Council resolved to provide the Mayor with an additional facility viz. a Credit Card (with a limit of $3,000): this provision has been added to the draft policy.

 

Additionally, the current Mayor has been provided with a GPS system as an optional extra with the mayoral vehicle at a cost of $3,296 (including fitting) and a Multi-function printer/copier/ scanner plus ink at a cost of $353.75 for his home use.  It should be noted a provision for ink cartridges will also be required at a cost of approx $690.00pa (based on 3 sets).  Frequency of use will determine allocation required but based on purchases to date it appears the ink cartridges may last 4 months.

 

Council is requested to determine if these provisions should be maintained and if so authorise the Policy and budget to include same.

 

Advertising and inviting submissions

Section 253 of the LG Act provides that there is no requirement to advertise and invite submissions if the change or amendment is not substantial.  The DLG Guidelines provide that:

The term ‘not substantial’ should be taken to mean minor changes to wording of the policy or changes to monetary provisions or rates that are less than 5%. It also means minor changes to the standard of the provision of equipment and facilities.

Substantial amendments to the policy that could include larger changes to monetary limits than the limit noted above, and/or major changes to the standard of provision of equipment and facilities, will require public notice of the amendment. Any new category of expenses, facilities and equipment included in the policy will also require public notice.”

 

The addition of the phone and vehicle usage allowance, are considered “substantial” amendments being 9% of the current provision.  Additionally should Council endorse the provision of additional facilities to the Mayor by way of GPS for the Mayoral vehicle and Multi-function printer/copier/scanner and consumables for his home address, the need to advertise and invite submissions is also ‘triggered’.

 

 

Recommendation

 

THAT Council:

1.    Determine the Maximum Annual Expense Limit for the Mayoral Vehicle as $10,000.

2.    Determine the Maximum Annual Expense Limit for council related calls on the Mayoral Mobile Phone.

3.    Note that the cost for the provision of a Council vehicle for attending out of area functions to the Deputy Mayor and Individual Councillors is accounted for within the “local travel” annual expense limit provision.

4.    Determine if it wishes to endorse provision of a GPS as an optional extra to the Mayoral vehicle and/or a Multi-function printer/copier/scanner and consumables as dedicated office equipment for the Mayor.

5.    Approve amendment of the Payment of Expenses and Provision of Facilities for Mayor and Councillors Policy consistent with above resolutions in preparation of the readoption process required by s252(1) of the Local Government Act.

6.    Determine amendments to the Payment of Expenses and Provision of Facilities for Mayor and Councillors Policy as substantial and advertise same as required under s253 of the Local Government Act.

 

 

ITEM 13 - POLICY DATABASE - Mullion Creek After School Hours Care Service Policy

REPORT IN BRIEF

 

Reason For Report

To advise Council that polices relating to Mullion Creek After School Hours Care Service have been reviewed and a compilation policy is presented for adoption

Policy Implications

Yes - will become Council's current policy

Budget Implications

Nil

Area of Responsibility

Policy

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 193066

 

Administration Manager's REPORT

 

Council’s Community Services Manager has revised policies relating to Mullion Creek After School Hours Care Service and a compilation policy has been prepared.

 

The document is still some 96 pages and accordingly is not annexed.  A copy will be available on Council Meeting day and will be placed on Council’s website in compliance with the Government Information (Public Access) Act 2009 once adopted.

 

 

Recommendation

 

That Council adopt the updated Mullion Creek After School Hours Care Service Policy.

 

 

ITEM 14 - Government Information (Public Access) Act ("GIPA")

REPORT IN BRIEF

 

Reason For Report

For Council to adopt Policy, Guidelines and FAQ's relating to access to Council Information

Policy Implications

Will become Council's policy

Budget Implications

Nil

Area of Responsibility

Access to Council Information

Annexures

1.  Draft Access to Information Held By Council Policy & Guidelines

2.  Accessing Information held by Council  FAQ's    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 193118

 

Administration Manager's REPORT

 

At its October 2008 meeting Council adopted an Access to Information Policy.  With the commencement of the Government Information (Public Access) Act 2009 (GIPA) there was a need to review the policy.

 

A draft Access to Information Held By Council Policy (including Guidelines) is annexed for Council’s consideration and adoption.  A Frequently Asked Questions (FAQ’s) document has also been prepared for the information of the public and staff and is annexed for Council’s information.

 

Council should be aware that an Implementation Plan has been put together to meet the considerable requirements of the GIPA Act and is being worked through within the restraints of available resources.

 

 

Recommendation

THAT Council:

1.   Adopt the annexed Access to Information Held By Council policy and guidelines.

2.   Note and endorse the distribution of the annexed Frequently Asked Questions (FAQs) handout relating to same.

3.   Note an Implementation Plan has been developed relating to GIPA compliance.

 

 

ITEM 15 - POLICY DATABASE - Engineering Policies

REPORT IN BRIEF

 

Reason For Report

To advise Council that polices relating to Engineering have been reviewed and are presented for adoption

Policy Implications

Yes - will become Council's current policies

Budget Implications

Nil

Area of Responsibility

Policy

Annexures

1.  Draft Gravel Royalty Rates Policy

2.  Draft Cabonne Water Supply Policy

3.  Draft Road Load Limits Policy    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 194544

 

Administration Manager's REPORT

 

Council’s Director of Engineering & Technical Services has revised policies relating to the following matters and draft policies have been prepared as follows:

 

1.      Gravel Royalty Rates Policy

2.      Cabonne Water Supply Policy

3.      Road Limits Policy

Once adopted copies will be made available on Council’s website in compliance with the Government Information (Public Access) Act 2009.

 

 

Recommendation

 

THAT:

1.  Council adopt the annexed Gravel Royalty Rates, Cabonne Water Supply & Road Limits policies.

2.  A further report on the South Street, Molong, Road Limit be presented to Council’s September meeting which includes traffic volumes for the road.

 

 

ITEM 16 - Commonwealth Bank of Australia Banking Proposal

REPORT IN BRIEF

 

Reason For Report

To advise Council of a proposal for the WBC Alliance from the Commonwealth Bank of Australia

Policy Implications

Nil

Budget Implications

Yes

Area of Responsibility

Finance Section

Annexures

1.  WBC Alliance CBA Banking Proposal 0510    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 192350

 

Finance Manager's REPORT

 

Central Tablelands Water recently went to tender for their banking services and have appointed the Commonwealth Bank of Australia (CBA) as their preferred banker.

 

Council, along with its Alliance partners have now received an offer from the CBA to lock into a 3 year contract for the “Provision of Banking and Associated Services”, see attachment.

 

The CBA has offered discounts to Cabonne in B-Pay transaction fee, direct credit transaction fee, direct debit transaction fee and EFTPOS credit transaction fee to name a few. Based on the current transaction levels it is anticipated that Council will receive a discount in the order of $2,383.00 per annum.

 

It should be noted that if Council proceed to accept this offer that Council will be locked in for a 3 year agreement and will not be able to change banks in that period. It should also be noted that the Commonwealth Bank is the only one of the big 4 banks that are located in Molong.

 

Councillors should also be aware that this proposal is for banking services only. This offer, in no way, locks Council into any loans or investments with the CBA over this period. Council can still proceed to go to tender for any loan funds that are required, for example the Small Town Sewer Scheme. Council is under no obligation with whom it invests its funds with, and is still able to shop around and get the best rate available to Council.

 

 

 

 

 

Recommendation

 

THAT Council authorise the General Manager to sign the agreement with the Commonwealth Bank for Banking and Associated Services for the next 3 years.

 

ITEM 17 - CESSATION OF FARMLAND 20% REBATE - ASSESSMENT 2402-00000-0

REPORT IN BRIEF

 

Reason For Report

To advise Council of the current situation after the maximum increase in farmland rates has ceased and objection by ratepayer

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Rates and Valuations

Annexures

1.  farmland 20 percent max increase July2008.pdf    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 194311

 

Senior Rates Officer's REPORT

 

In 2005 the Valuer General separated and removed the value of water access entitlements from land titles due to the State Government’s enactment of the Local Government and Valuation of Land Amendment (Water Rights) Act 2005.

 

In simple terms this means that if an owner had a licence to water rights for pumping, irrigation, etc, the value of that licence was built into the land value used for rating purposes.  This is no longer the case with the water rights as a separate item to the land value and a reduced land value for rating.

 

Councils having large river frontages were impacted the most by having reduced land values and therefore reduced rate income. There was minimal impact to Cabonne Council.

 

Subsequent provisions of this change required Councils to limit the rates levied on farmland rates to a maximum increase of 20% from the previous year for five years, concluding with the 2009/2010 financial year. Amounts above this limit were required to be written off as a rebate.

 

A general revaluation for Cabonne was received and first used for rating for the 2008/2009 financial year resulting in over 180 rebates granted due to the increased land values. In the 2009/2010 financial year there were over 70 rebates granted.

 

All ratepayers that were granted a rebate were advised at the time, also that the provision would remain in place until the end of the 2009/2010. A copy of this letter is attached.

 

The rates levied for the current financial year have no rebates granted and this has prompted an objection from the owner of assessment 2402.00000.0. 

 

The subject assessment had a land value increase from $522,000 to $2,270,000. In 2008/09 rates levied were $8,454.84 with a rebate of $4,374.12, net $4,080.72. In 2009/10 rates levied $8,858.20 with a rebate of $3,961.34, net $4,896.86. The current rate for 2010/2011 is $9,225.28 with no rebate amount.

 

The owner has had the benefit of the rebate and has maybe not realised the full effect of the substantial increase in land value and is strongly objecting to the amount now payable.

 

Council has no control over the land value set by the Valuer General and must levy rates according to the Local Government Act, therefore there is no reduction to be made to the amount of rates levied.

 

 

Recommendation

 

THAT the owner of assessment 2402.000000.0 be advised in writing of the details of the cessation of the 20% maximum farmland rebate and that under the Local Government  and Valuation of Land Amendment (Water Rights) Act 2005, Council is unable to grant any further reduction to the rates levied.

 

 

ITEM 18 - REQUEST FOR WAIVER OF SEWERAGE CHARGES - ACCOUNTS 3501.02200.2 AND 61921.00000.8

REPORT IN BRIEF

 

Reason For Report

To consider a request to waive sewerage charges.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Water Sewer Billing

Annexures

1.  Waiver of Sewerage Charges    

File Number

\My Workspace\Business Paper Report Directory\Closed - 193123

 

Senior Rates Officer's REPORT

 

A letter has been received from the Manildra Lions Club requesting the waiver of sewerage charges for their properties in Loftus Street, Manildra.

 

The letter states that they are a charitable organisation providing affordable homes solely for pensioners, but have continually increasing maintenance costs. Much of the work is provided by Club members, however, specialised services are required to be carried out by local professionals.

 

One of the properties is now vacant and is levied the vacant land preconstruction sewerage charges of $250 per year. The other property contains the residential units and is levied preconstruction sewerage charges of $500 per year.

 

Both of the properties currently receive a donation from Council under Section 356 for the amount of the general rate.

 

A similar request received from the Uniting Church in Molong in 2006 was denied.

 

 

Recommendation

 

THAT Council not waive the sewerage charges for accounts 3501.02200.2 and 61921.00000.8.

 

 

ITEM 19 - 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 - 194054

 

Economic Development Manager's REPORT

 

Attached is the report of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 2 August 2010 for Council’s adoption.

 

 

Recommendation

 

THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 2 August 2010 be adopted.

 

ITEM 20 - Seniors Week

REPORT IN BRIEF

 

Reason For Report

Seniors Week Grant applications now open

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Recreational & Cultrual Services

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 194779

 

Community Services Manager's REPORT

 

Seniors Week is to be held between the 20-27 March 2010 and applications for funding from the NSW Government close Friday 27 August 2010.

 

The Community Services Manager has been working with individuals in the community to organise a Seniors Week theatrical production.

 

It is intended that this be held at Molong with residents of other towns and villages being offered transportation to this event.

 

The event will include a basket luncheon prepared by local charitable groups and be at a minimal cost to seniors.

 

The Home and Community Care Coordinator is also working on an activity to be held during Seniors Week.

 

Council has a budget of $1510.00 to help conduct Seniors Week activities and funding of up to $1000.00 is available from the NSW Government to assist in conducting Seniors Week activities.

 

 

Recommendation

 

THAT Council lodge an application for funding of Seniors Week Activities with the NSW Government.

 

 

ITEM 21 - COMMUNITY SERVICES COMMITTEE MEETING

REPORT IN BRIEF

 

File Number

194055

Reason For Report

Adoption of Community Services Committee Recommendations

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Community Services

Annexures

1.  Report of Community Services Committee    

 

Community Services Manager's REPORT

 

Attached is the report of the Community Services Committee Meeting of Cabonne Council held on 2 August 2010 for Council’s adoption.

 

 

Recommendation

 

THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 2 August 2010 be adopted.

 

 

ITEM 22 - EUGOWRA COMMUNITY CHILDREN'S CENTRE

REPORT IN BRIEF

 

Reason For Report

To advise Council the request from Eugowra Community Children's Centre for waiver of administration fees and overheads.

Policy Implications

14% administration cost

Budget Implications

waiver, if approved requires additional funding to this project

Area of Responsibility

Council Properties

Annexures

1.  Eugowra Community Hall upgrade    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 193072

 

Director of Engineering and Technical Services' REPORT

 

Council has received a request for the Eugowra Community Children’s Centre and organisers of the upgrade of the hall.

 

The hall upgrade includes refurbishment and lining of the hall and pre school rooms and is a jointly funded project between Council and the Eugowra Children’s Centre. Council’s contribution to the project is from round #2 of the RLCIP in the amount of $75,500. The total project cost and funding profile is as follows (as submitted by the ECCC):

 

Cabonne Council      RLCIP                 $75,500

Cabonne Council CIP (2008)                 $8,000

DOC’s grant                                            $30,000

FRRR                                                         $3,000

Funds from Hall Bank Acc.                     $1,320

Community Fundraising                         $8.615

ECCC                                                       $20,227

 

                                                         Total $146,662

 

The letter from the ECCC (see annexure) suggests that the RLCIP grant of $75,500 could be fully allocated to the project and the project budgeted accordingly. The assertion that this was conveyed by council staff suggests a miscommunication as application of the administration charge is common to all project funds administered by council.

 

The ECCC has been pro-active in securing funds from a variety of sources, as can be seen from the funding profile. Their involvement and connections to local contractors has resulted in value for money in the refurbishment of the hall.

 

However, waiving of the administration charge is not recommended as it is an actual cost associated with the administration of the funds and officers of council involved in project management. It would also create precedent for other projects where funds are administered by council.

 

 

Recommendation

 

THAT Council:

 

1.          Not waiver the administration charges associated with this project.

2.          That the ECCC be encouraged to seek supplementary funding through alternate programs such as CIP.

3.          Council formally congratulate the ECCC for their contribution and efforts for the refurbishment of the hall and

4.          Acknowledge the contribution to the project by local tradesperson.              

 

 

ITEM 23 - 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 - 194035

 

Director of Engineering and Technical Services' REPORT

Attached herein is the report and recommendations of the Works Committee meeting of Cabonne Council held on Monday 2nd August, 2010.

 

Recommendation

 

THAT the report and recommendations of the Works Committee held on Monday 2 August 2010 of Cabonne Council be adopted.

 

 

 

ITEM 24 - MOLONG SHOWGROUND AND GOLF CLUB BORE WATER SUPPLY

REPORT IN BRIEF

 

Reason For Report

Seek Council support for the equipping of the existing bore.

Policy Implications

Nil

Budget Implications

Seeking interest free loan

Area of Responsibility

Showground Trust

Annexures

1.  Letter of reply from Molong Showground Assoc

2.  Molong Showground User Assoc letter    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 194332

 

Director of Engineering and Technical Services' REPORT

 

Council received a request from the Molong Show Society, dated 7 August 2010 seeking council’s support for the provision of a suitable water supply system for the Molong Show and other events utilising the amenities at the showground.

 

Water supply and delivery for the show amenities is provided by an existing bore and rainwater tanks. The water from the bore and tanks is reticulated to the amenities and to the golf club tees watering system. With the bore recently failing, water supply to the amenities and golf course has been interrupted. The Golf Club commissioned bore drillers to clean out and extend the bore a further 8m down. The existing pump was found to be corroded and beyond repair. A yield test has yet to be conducted however the watertable has been measured at 15m down and through to 22m indicating high yield potential.

 

The Show Society and Golf Club have requested an interest free loan in the amount of $3,500 to re-equip the bore. A local electrical contractor has provided a quotation for the supply and installation of the pump and donating labour and associated works to support the project.

 

A copy of the correspondence received in relation to this matter has been included in the annexure. The source of the “un-signed” letter under the Molong Showground Users Association heading is unknown and is the letter referred to in the correspondence from the Showground Trust.

 

Executive members from the Molong Golf Club and the Showground Trust have indicated support for the interest free loan to re-equip the bore. Given the urgent nature of this matter with the Molong Show in late September a solution to address the water supply is required.

 

A loan would need to be issued to the Molong Show Society Inc. and encumbered with the responsibility for the loan repayment.  Contributions towards the repayment of the loan from a third party would be a matter between those parties.

 

 

Recommendation

 

THAT Council provide an interest free loan to the Molong Show Society in the amount of $3,500 for the equipping of the showground bore with a repayment period of 12 months, subject to appropriate security.

 

 

ITEM 25 - Summer Hill Creek Causeway, Ophir Reserve

REPORT IN BRIEF

 

Reason For Report

Seek Council agreement for funding proposal from Land and Property Management Authority.

Policy Implications

Nil

Budget Implications

LPMA funding $30,000, councils contribution included in the budget.

Area of Responsibility

Ophir Reserve Trust

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 194757

 

Director of Engineering and Technical Services' REPORT

 

The proposed up-grade of the concrete causeway over Summer Hill Creek in the Ophir Reserve has been the subject of a number of reports to Council. Council has the following resolution with regards to this matter:

 

THAT Council:

 

1.   Continue design work for the Ophir Reserve crossing.

2.   Have discussions with the Ophir Reserve Trust and negotiate with the Office of Primary Industries regarding the crossing.

3.   Note the $30,000 for the Ophir Reserve Trust and write to Mr Watkins thanking him for his assistance and confirming the discussion.

 

(Extra Ordinary meeting 22 March 2010)

 

Council has completed detailed design and estimates for the proposed up grade that includes widening to provide for pedestrian access and improved waterway (at the request of Fisheries). The plans have been issued and approved by Fisheries and Council is currently completing the Dredging and Reclamation certificate to enable the works to proceed.

 

Ophir Trust was issued with a full set of plans and specifications and it is understood they have secured a contractor to undertake the work within budget.

 

Council has received a letter of offer from the Land and Property Management Authority providing $30,000 towards the causeway upgrade on the following conditions:

 

1.         Council also contribute to the causeway upgrade.

2.         Council formally advise LPMA that it will take control of the remaining section of road within the reserve by way of acquisition, (or if possible direct transfer) and

3.         Overseeing or undertaking the works on the causeway with the assistance of a contribution of funds requested from the Authorities Public Reserves Management Funding (PRMF).

 

The Authority has undertaken survey of the subject road to enable the transfer to Council. The Authority also advises that to further minimise cost to Council it will also consider options to transfer the road to Council without the need for acquisition, immediately upon lodgement of the survey plan.

 

FUNDING PROFILE

 

Cabonne Council – LAIP                                         $11,000

RLCIP Round #3 (to be confirmed)                       $20,000

PRMF                                                                          $30,000

In kind works (removal of existing culverts)          $  5,000

                                                                  TOTAL      $66,000

 

NOTES:

 

1.   Council’s initial estimate was $85,000, however the Trust have negotiated works under contract by others within the total project funding amount.

 

2.   The project costs do not include project management, however would be minimal.

 

3.   Work on the causeway will require suitable conditions with minimal flows in the creek (mid summer months).

 

4.   The Trust will be required to apply to the PRMF for the $30,000 funds towards the project.

 

 

Recommendation

 

THAT Council formally advise the Land and Property Authority commitment to taking control of the remaining section of road within the reserve and overseeing the construction of the causeway and affixing councils seal to road transfer documentation, subject to the Crown transferring, as opposed to acquiring, the road to council and PRMF providing funds of $30,000 to assist in the causeway upgrade,

 

 

ITEM 26 - ENVIRONMENTAL FLOW MOLONG CREEK

REPORT IN BRIEF

 

Reason For Report

Report to council on release of water from the Borenore dam for environmental benefit.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Water supply

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 194549

 

Director of Engineering and Technical Services' REPORT

Following the public meeting in March 2010 to discuss the Molong Creek and Molong Water Supply issues, council resolved to investigate the possibility of release of water from the Borenore Creek Dam for environmental flow.

At the time council was considering release of water from the Borenore Dam, the Molong Creek was a stressed system and had not seen a significant fresh in over 3 months. Water samples were taken from the dam to determine if there would be any risk to the eco system if a significant amount of water was to be released from the dam. The water sample analysis indicated suitability for release and not posing a threat to the eco systems. NSW Fisheries and Department of Environment, Climate Change and Water (DEECW) were also contacted and did not have an issue with an environmental release.

Recent good rainfalls in the Molong and Borenore catchments has seen minor flooding in both systems. As a result of rains through July and into August and following a rain event in the first week of August both dams experienced significant flows over the spillway.

In considering the recent rain events the request for release from the dams is not required at this point in time.

 

Recommendation

 

THAT Council remove from its agenda the release of water from the Borenore Dam as an environmental flow at this point in time and that any future request for release of water from the Molong water supply dams for environmental reasons is considered on merit.

 

 

ITEM 27 - BLACKSPOT FUNDING FOR BURRENDONG WAY

REPORT IN BRIEF

 

Reason For Report

Seek council agreement to the funding proposal and advise scope of works

Policy Implications

Nil

Budget Implications

100% funded by State Government

Area of Responsibility

Roads

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 187841

 

Director of Engineering and Technical Services' REPORT

Council received advice on the 9th June that a submission for Black Spot funding for improvements to a section of Burrendong Way was successful. The amount of funding offered is $300,000.

The funding is for the improvements to the section of Burrendong Way on the approaches to Mulyan Road and Centofanti Road and is designed to improve sight distance, intersection configuration and widening of the road formation.

Council’s local road improvement program has in the current budget provision for the widening and realignment of the local roads, Mulyan and Centofanti at the intersection with Burrendong Way and was scheduled for commencement of works this month. As a result of the Black Spot funding, this work has now been deferred to the 2010/11 budget with construction planned for September October so that the Black Spot and Local Road improvements can be undertaken as a single project.

Safety issues associated with poor sight distance and narrow road width on Burrendong Way at this location has been the subject of concern for local residents for some time and has been on the Traffic Committee agenda. The Black Spot funding will be well received by local residents.

 

Recommendation

 

THAT Council accepts the Black Spot funding offer of $300,000 and the standard terms and conditions applying to the agreement.

 

 

ITEM 28 - VOLUNTARY PURCHASE OF FLOOD AFFECTED HOUSE IN EUGOWRA

REPORT IN BRIEF

 

Reason For Report

Seeking Council approval to defer voluntary puchase

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Flood Mitigation

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 194027

 

Urban Assets Coordinator's REPORT

Council has received an enquiry from a Eugowra resident who wishes to sell his house to Council under the Voluntary Purchase program. The property is number 1 Barrack Street Eugowra. This property is one identified in the current Eugowra Floodplain Risk Management Study and Plan (FRMS) as being eligible for voluntary purchase.

The applicant has been advised by council staff that the Voluntary Purchase program is “on hold” pending finalisation of the review of the Eugowra FRMS.

Consequently, further consideration of the voluntary purchase of 1 Barrack Street should be deferred until the review of the Eugowra FRMS is adopted. 

 

Recommendation

 

THAT Consideration of the voluntary purchase of 1 Barrack Street be deferred until the review of the Eugowra FRMS is adopted.

 

 

ITEM 29 - WELLINGTON VALLEY WIRADJURI NATIVE TITLE CLAIM - NSD 912/09

REPORT IN BRIEF

 

Reason For Report

For the determination of Council

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Community Relations

Annexures

1.  Wellington Wiradjuri People Map    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 194535

 

Director of Environmental Services' REPORT

 

Council has received notification that a Native Title Determination Application has been lodged with the Federal Court by the Wellington Valley Wiradjuri people. The native title claim group have requested the Court to recognise their traditional rights and interest in an area of land that encompasses parts of the local government area of Bathurst Regional Council, Orange City Council, Cabonne Council, Wellington Council and Mid Western Council (see attached map).

 

Council has until 29 September 2010 to respond to the application in the Federal Court which gives the respondent opportunity to be involved in mediation, if necessary in court, to ensure the interests of the local government area are considered.

 

Native Title can only be claimed on certain areas of land which are vacant or unallocated Crown land. Native Title Claims can not be made for freehold land or public works including roads, schools or hospitals.

 

In this particular claim the Wellington Valley Wiradjuri Group comprising descendants of the Apical ancestors claim non-exclusive rights to use and enjoy the land and water being:

 

·    The right to access the application area;

·    The right to camp on the application area;

·    The right to erect shelter on the application area;

·    The right to live on the application area;

·    The right to move about the application area;

·    The right to hold meetings on the application area;

·    The right to hunt on the application area;

·    The right to fish on the application area;

·    The right to have access to and use the natural water resources on the application area;

·    The right to gather and use the natural products of the application area including food, medicinal plants timber, stone, ochre and resin according to the traditional laws and customs;

·    The right to conduct ceremonies on the application area;

·    The right to maintain and protect places of importance under traditional laws, customs and practices in the application area;

·    The right to speak for and make non-exclusive decisions about the application area;

·    The right to transmit the cultural heritage knowledge of the native title claim group including the knowledge of particular sites;

·    The right to cook on the application area and to light fires for all purposes other than the clearance of vegetation.

 

In notifying Cabonne of the Native Title Claim it was also noted that Council had interests in the application area. This includes 32 separate reserves including the Old Molong Weir, Molong Cemetery Reserve, McGroder Park – Molong, Dr Andrew Ross Memorial Park – Molong, Thistle Street Pump Station – Molong, Cumnock Showground, reserves at Yeoval, Buckinbah, Obley, Baldry , Kerrs Creek. Little River and Boomey. In addition Council was further notified that the application area includes ML 1540 held by Cabonne and the permissive occupancy PO 1964/11 Molong for an animal enclosure.

 

Some of the reserves identified are likely to form part of the Cabonne LEP review/settlement strategy and as such the Council’s representation of community interest in such lands should be acknowledged. It is also noted that Council has been reviewing its trusteeship of Crown land/reserves to rationalise management strategies of such area.

 

In order for Council to remain an interested party in the Native Title process it must become a ‘Respondent’ to the application. A further step will be to investigate and establish the community value and potential of each identified vacant Crown land within the Cabonne area affected by the claim such that the information be available should the Native Title Application proceed to mediation.

 

Mid Western Council, Wellington Council and Orange City Council have resolved to become a respondent party. Discussions and correspondence with those Councils indicated the Native Title process may take 8 to 10 years to complete and that it is anticipated the affected local government areas will proceed collaboratively in respect to any future matters including any subsequent need for legal advice.

 

 

Recommendation

 

THATCouncil:

 

1.   Submit the ‘Notice of Intention to Become a Party to an Application’ so that it may become a respondent party to the Native Title Application – NSD912/2009, and

2.   Cooperate with the adjoining councils of Wellington, Mid Western, Orange and Bathurst in respect of any future matters in relation to the respondent party, including and future need to obtain legal advise relating to the native title application.

 

 

ITEM 30 - Modification of Development Application 2010/063 for a two lot subdivision of Lot 23 DP872892, Lot 418 DP1083051 and Lot 105 DP1007655, Horspool Way and Darcy Brown Place

REPORT IN BRIEF

 

Reason For Report

For the determination of the committee

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Environmental Services

Annexures

1.  DA 2010_063 Submissions

2.  DA 2010_063 Applicants response to draft report

3.  DA 2010_063  Access drawings    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 194116

 

Development Engineer's REPORT

 

ADVISORY NOTES

Record of voting

In accordance with s375A of the Local Government Act 1993, a division is required to be called when a motion for a planning decision is put at a meeting of Council or a Council Committee.  A division under s375A of the Act is required when determining this planning application.

 

Political Disclosures

In accordance with s147(4) of the Environmental Planning and Assessment Act 1979, a person making a planning application to Council is required to disclose political donations and gifts made within 2 years prior to the submission of  the application and concluding when the application is determined.

 

In accordance with s147(5) of the Environmental Planning and Assessment Act 1979, a person making a public submission to Council in relation to a planning application made to Council is required to disclose political donations and gifts made within 2 years prior to the submission being made and concluding when the application is determined.

 

Political donations and gifts (if any) to be disclosed include:

·    All reportable political donations made to any local councillor or Council,

·    All gifts made to any local councillor or employee of the Council.

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received. 

 

SUMMARY

 

The following report provides an assessment of the requested modification of Development Application 2010/063 submitted for the removal of condition 12 of the conditions of approval.

The application was submitted to the Environmental Services and Sustainability Committee on 2 August 2010 for determination, however due to declarations of interest by two Councillors, the matter could not be determined as the Committee did not have a quorum.  The matter was referred to the August Council meeting.

 

Background

The committee approved a two lot subdivision of the subject land in February 2010. The subdivision proposed a 60 ha vineyard holding and a 102ha agricultural lot. Access to both lots was to be provided off Horspool Way. The committee reinforced the access status with a specific condition of consent limiting principal access to Horspool Way. While the subject land does have frontage to Darcy Brown Way and Thomas Kite Way the existing access to the property and residence is off Horspool Way. The subdivision approval endorsed retention of the existing access way.

 

The 102ha lot has been created for the purpose of agriculture. A dwelling envelope has been indicated on the subdivision plan, however separate approval is required to determine site capability for a dwelling on that lot (once the subdivision has been registered). It is considered that access to the agricultural lot through the nearby Windera Estate is undesirable and that the existing access way as endorsed by Council should be retained.

 

It is recommended that the application to modify the consent not be supported.

 

Applicant:         Richard Cummins

Owner:               Richard Cummins

Proposal:          Removal of Condition of approval

Location:           Lot 105 DP 1007655, Lot 418 DP 1083051 & Lot 23 DP 872892, Horspool Way and Darcy Brown Place.

Zone:                  1(a), 7(c) & 1(c).

 

THE PROPOSAL

It is proposed to remove condition 12 (Primary Access) of the conditions of approval and allow access from approved Lot 2 to Thomas Kite Lane, Windera Estate.

 

The Environmental Services and Sustainability Committee approved DA 2010/063 on 1 February 2010 subject to the draft conditions of consent and an additional condition requiring principle access to be via Horspool Way.

 

The applicant wishes to remove the access requirement to approved Lot 2 via Horspool Way and construct an access to that lot from Thomas Kite Lane.

 

The report presented to the Environmental Services and Sustainability Committee on 1 February 2010 recommended access to Thomas Kite Lane be refused due to the topography of the site. The applicant has since engaged a suitably qualified engineer to produce working drawings showing access can be obtained to Thomas Kite Lane. The working drawings are attached.

 

Site Map

 

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)

The subject land is zoned 7(c), 1(a) and 1(c) by the Cabonne Local Environmental Plan 1991.  For the purpose of this assessment the proposed access is zoned 1(c) and the majority of the allotment being zoned 1(a). Subdivision is permissible subject to Council’s development consent.

 

Objectives of the 1(a) zone

The proposal is not contrary to the aims of the LEP or the objectives of the 1(a) zone.  The development relates to and is consistent with the zone objective which seeks to “promote the proper management and utilisation of resources”.

 

Clause 10 -  General considerations for development within rural zones

(1) The Council shall not consent to an application to carry out development on land within Zone No 1 (a), 1 (c) or 7 (c) unless it has made an assessment, where relevant, of the effect of the carrying out of that development on:

 

(b) vegetation, timber production, land capability (including soil resources and soil stability), water resources (including the quality and stability of water courses and ground water storage and riparian rights),

 

It is considered the impact on vegetation, timber production, land capability (including soil resources and soil stability), water resources is minimal although a submission (as attached) indicates the presence of a vulnerable species of bird nesting in a tree that will need to be removed to create access to Thomas Kite Lane.

 

(d) the protection of areas of significance for nature conservation or of high scenic or recreational value, and places and buildings of archaeological or heritage significance, including aboriginal relics and places,

 

There is no known evidence of Aboriginal or archaeological remains on the land.

 

(e) the cost of providing, extending and maintaining public amenities and services to the development, and

 

The applicant would be subject to all costs associated with the construction of the access. It is envisaged the access costs to be in the vicinity of $50,000.

 

(f) future expansion of settlements in the vicinity,  and the Council is satisfied that the development will not have an adverse effect on the long term use, for sustained agricultural production, of any prime crop and pasture land.

 

It would appear the subject 1(c) zoned land was created as an access handle at the time of subdivision.

 

(2) In assessing the effect referred to in subclause (1), the Council shall have regard not only to the land that is the subject of the application but also to land in the vicinity.

 

REGIONAL ENVIRONMENTAL PLANS

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

 

STATE ENVIRONMENTAL PLANNING POLICIES

Cabonne Council is identified within the SEPP 44 schedule as having koala habitat.  The applicant has not addressed the SEPP; however, the subject land is generally cleared and the proposed development will not impact upon any existing vegetation.  There are no known sightings of koalas in the locality, or sources of koala habitat.

 

PROVISIONS OF ANY DRAFT ENVIRONMENTAL PLANNING INSTRUMENT THAT HAS BEEN PLACED ON EXHIBITION s79C(1)(a)(ii)

There are no draft environmental plans that relate to the subject land or proposed development.

 

PROVISIONS OF ANY DEVELOPMENT CONTROL PLAN s79C(1)(a)(iii)

Development Control Plans No 5 (General Rural Zones) and 6 (Rural Small Holdings) –applies to this development.

 

Clause 2.3 of DCP 5 requires each lot to have practical access to a public road.

 

Access to approved Lots 1 & 2 is via Horspool Way.  A right of carriageway currently exists burdening approved Lot 2 and benefiting approved Lot 1.

 

Clause 4.3.1 of DCP 6 requires access from the public road to the fence line is to be constructed at a mutually agreed upon location between Council and the developer with such access being to a standard satisfactory to Council, and at the developer’s full cost.

 

Council approved DA 2010/063 at the Environmental Services and Sustainability Committee on 1 February 2010 subject to the draft conditions of consent, and that an additional condition be imposed requiring the principle access to be via Horspool Way only. It is noted that proposed Lot 1 also has frontage to Darcy Brown Place, this provides farm access only.

 

PROVISIONS PRESCRIBED BY THE REGULATIONS s79C(1)(a)(iv)

The proposed modification does not contravene the relevant provisions of the regulations.

 

THE LIKELY IMPACTS OF THE DEVELOPMENT s79C(1)(b)

 

Location

It would appear the access handle of the allotment was created to serve as an access to the Windera Estate in DA 2000/341.  There is no building envelope on the land.

 

Lot size and shape

The access handle of the allotment is 25 meters wide and 146 meters long.  It appears to have been created as a possible link from Windera Estate should further rural residential development be considered.

 

Visual amenity

Constructing an access from the subject land to Thomas Kite Lane will require substantial earthworks.  A cut of 2 – 3 metres and the removal of a large tree is required.

 

Access and traffic

Lot 2 was approved as an agricultural allotment under clause 12 of the Cabonne Local Environment Plan 1991 (as amended).  Granting access from Thomas Kite Lane will generate the need for farm equipment to use roads created and constructed for rural residential purposes. With the establishment of Windera Estate this may generate land use conflict.

 

Approving the use of access from Thomas Kite Lane will reduce the traffic on Horspool Way and the existing Right of Carriageway over approved Lot 1.

 

THE SUITABILITY OF THE SITE s79C(1)(c)

 

Physical Attributes and Hazards

The site traverses a watercourse and would require substantial earthworks to establish a suitable access.

 

DEVELOPMENT CONTRIBUTIONS

No contributions apply to the development or the modification.

 

ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACT s79C(1)(d)

The proposed development is not advertised development.

 

The proposed development was neighbourhood notified.  Two submissions were received by the close of the exhibition phase.  Issues raised in the submissions are addressed as follows:

 

1.   The proposed access from Windera Estate has not been formed.

 

The applicant would need to construct the access strictly in accordance with Cabonne Council’s Engineering Guidelines.

 

2.   The proposed access from Windera Estate will require substantial excavation works.

 

Erosion and sediment control would need to be implemented strictly in accordance with Cabonne Council’s Engineering Guidelines.

 

3.   A large Eucalypt tree will require removal in order to facilitate access. This tree is reported to be the habitat of various birds including species listed as vulnerable. The objector wishes Council issue a protection order on the tree.

 

The tree is on the applicant’s property and will require removal to construct the proposed access. Council does have a tree preservation order. An amendment to the LEP would be required to protect this site in such a manner.

 

4.   The southern end of the access handle is low lying marsh and vehicle access will require extensive construction.

 

Council has no authority on how access to subject parts of rural land is attained other that the first 25 metres of the access from the edge of the public road. It is noted that the site contains low lying marsh.

 

5.   If access is approved it should be sealed as other accesses in the Windera Estate are.

 

If approved the consent would reflect a condition requiring sealing of the access.

 

6.   Access to proposed Lot 2 exists from Horspool Way making access from Thomas Kite Lane unnecessary.

 

The applicant finds access to a desired building envelope from Horspool Way as costly and wants to extinguish the existing Right of Carriageway in order to eliminate any dispute over the Right of Carriageway on approved Lot 1.

 

7.   The proposed cut will affect the integrity of the fences of the adjoining neighbours.

 

Erosion control will be necessary to protect the integrity of the fences.

 

PUBLIC INTEREST s79C(1)(e)

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

 

CONCLUSION

The proposed modification of the development is permissible with the consent of Council.  Council does not have any instrument to deny access to an allotment but does have instruments to specify where the access is to be constructed.  The modification of this development consent does not comply with the relevant aims, objectives and provisions of the LEP.  A section 79C assessment of the modification indicates that the proposal is not acceptable in this instance. 

 

SUMMARY

The committee may consider the merits of the proposed access arrangements and can either approve the application or recommend refusal.  Access via the Windera Estate is considered inappropriate and a recommendation for refusal of the application is attached.

 

 

Recommendation

 

THAT:

 

1.   Modification of Development Application 2010/63 for the subdivision of Lot 105 DP 1007655, Lot 418 DP 1083051 & Lot 23 DP 872892, Horspool Way be refused, and

2.   The planning report and committee recommendations be referred to Council for endorsement.

 

 

ITEM 31 - 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 the Environmental Services and Sustainability Meeting 2 August 2010    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 194028

 

Director of Environmental Services' REPORT

 

Attached is the report of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 2 August 2010.

 

 

Recommendation

 

THAT the report and recommendations of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 2 August 2010 be adopted and carried Motions be noted.

 

 

 

Yours faithfully,

 

 

GLP Fleming

GENERAL MANAGER   


Item 5 Ordinary Meeting 23 August 2010

Item 5 - Annexure 1

 

























Item 5 Ordinary Meeting 23 August 2010

Item 5 - Annexure 2

 





Item 14 Ordinary Meeting 23 August 2010

Item 14 - Annexure 1

 

Access to Information Held

by Council Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

[Version Date]

Author

Administration Manager

Owner

(Relevant director)

Director of Finance & Corporate Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

Draft

Next Review Date

Within 12 months of Council being elected or changes in legislation

Minute number
(once adopted by Council)

Submitted to August 2010 Council meeting

2 Summary

This policy is to describe Council’s principles regarding public access to information and to facilitate the processing of requests for such access.

Approvals

Title

Date Approved

Signature

General Manager

 

 

3 History

Minute No.

Summary of Changes

New Version Date

08/10/17

Adopted by Council

20 October 2008

10/02/17

Ratified by Council

15 February 2010

 

Draft to August Council

 

 


 

4 Reason

Cabonne Council is committed to the following principles regarding public access to documents and information:

·    Open and transparent government

·    Consideration of the overriding public interest in relation to access requests

·    Proactive disclosure and dissemination of information

·    Respect for the privacy of individuals

5 Scope

·    The “Access to Information Guidelines” document associated with this policy identifies the documents and types of information that are available for public access and any restrictions that may apply.

·    Council will assess all requests for access to documents and information in a timely manner and in accordance with the “Access to Information Guidelines” and relevant legislation.

·    Depending upon the nature of the request and the form of access requested charges may be applied in accordance with Council’s Schedule of Fees and Charges and relevant legislation.

6 Associated Legislation

 

·    Government Information (Public Access) Act 2009

·    Government Information (Public Access) Regulation 2009

·    Privacy and Personal Information Protection Act 1998

·    Health Records and Information Privacy Act 2002

·    State Records Act 1998

·    Local Government Act 1993

·    Environmental Planning and Assessment Act 1979

·    Companion Animals Act 1998

 

7 Definitions

GIPA - Government Information (Public Access) Act 2009

8 Responsibilities

8.1 General Manager

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

8.2 The Director of Finance & Corporate Services

The Director of Finance & Corporate Services is delegated to as the officer authorised to:-

a)   To take responsibility, as a senior executive, for compliance with the Government Information (Public Access) Act and for leading a change management process to transition from FOI to the new Right to Information regime.

b)   To be responsible for responding to applications for an internal review under Part 5 of the Government Information (Public Access) Act.

8.3 Administration Manager

The Administration Manager (as the Right to Information Officer) is delegated as the officer authorised to:-

a)   To be responsible for responding to formal access applications under Part 4 of the Government Information (Public Access) Act.

8.4 Directors and Managers

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

 

All Directors and Managers are responsible to:

a)   Ensure records are kept in accordance with the State Records Act and Council’s policies and procedures.

b)   Provide information as requested by the Right to Information Officer in response to formal access applications.

c)   Assess requests for information and determine the appropriate form of release.

d)   Review documents prior to release to ensure appropriate content e.g. DA submissions.

8.5 Employees

All staff are authorised to release information based on position held and category of information once delegated by the General Manager.

 

Relevant employees are required to abide by the requirements as set out in this Policy in relation to Request for Personal Information to serve a Notice under the Dividing Fences Act, 1991 Section 21.

 

All staff are required to keep records in accordance with the State Records Act and Council’s policies and procedures.

 

9 Related Documents

Document Name

Document Location

Access to Information Guidelines

Annexed to this policy

Informal Access Request Form

Appendix 1

GIPA (formal) Access Application Form

Appendix 2

Records Management Policy

Policy database

10 Policy Statement

Council publishes specific open access information on our website, free of charge unless to do so would impose unreasonable additional costs to Council.  Council will facilitate public access through this and other appropriate mediums.  Also Council publishes for inspection documents listed under Schedule 1 of the Government Information (Public Access) Regulation held by it, unless there is an overriding public interest not to do so.  Council will keep a record of all open access information that is not published because of an overriding public interest against disclosure.

 

Council also makes as much other information as possible publicly available in an appropriate manner, including on the internet.  Such information is also available free of charge or at the lowest reasonable cost.

 

The ‘Access to Information Guidelines’ document associated with this policy identifies the documents and types of information that are available for public access and any restrictions that may apply.

 

Some documents may require a formal access application in accordance with the Government Information (Public Access) Act.  Council will assess all requests for access to documents and information in a timely manner and in accordance with the ‘Access to Information Guidelines’ and relevant legislation.

 

Depending upon the nature of the request and the form of access requested charges maybe applied in accordance with Council’s Schedule of Fees and Charges and relevant legislation.

 

Council will assess requests for access to information with reference to:

·    Government Information (Public Access) Act 2009

·    Privacy and Personal Information Protection Act 1998

·    Health Records and Information Privacy Act 2002

·    State Records Act 1998

·    Local Government Act 1993

·    Environmental Planning and Assessment Act 1979

·    Companion Animals Act 1998

 

and any other relevant legislation and guidelines as applicable.

 

Broad requests for access to a large number of unspecified documents which, if processed, would divert substantial Council resources from dealing with other requests, or from performing other Council functions may be refused on the grounds that such a diversion of resources is contrary to the public interest.  Council will endeavour to assist in defining the request to a more manageable one.

 

Council also endeavours to release other information in response to an informal request, subject to any reasonable conditions Council may impose having regard to the circumstances of the case.

 

Where information is released to an applicant under a formal access application and Council considers that it will be of interest to other members of the public, Council will provide details of the information in a disclosure log for inspection by the public.  Applicants have the opportunity to object to the information being placed on the disclosure log only under grounds allowed under the GIPA Act.

 

The General Manager has authority to approve Guidelines for Information Access, which is to be available to members of the public.


 

 

11 Access to information Guidelines

 

1.  Accessing Information

Cabonne Council is subject to NSW legislation that requires it to be open and accountable in the exercise of its functions, and to handle personal and health information in a fair and reasonable manner.  Council will seek to ensure that legitimate requests for access to information are handled promptly and that members of the public are able to access information, subject to the public interest.  In doing so Council recognises that it must take into account: the privacy of others; legal and commercially sensitive information.

These guidelines set out the documents and types of information that are available to members of the public as a matter of routine, and those that will not generally be available for inspection and copying.  Where practicable, Council will deal with requests to inspect documents in accordance with the Government Information (Public Access) Act (GIPAA) free of charge but a reasonable photocopying fee may be payable under the Act and for access to versions of documents that are neither current nor immediately preceding versions of the document and are not reasonably accessible.  All charges are detailed in Council’s Schedule of Fees and Charges. 

There is a right of access under the GIPPA to certain documents held by Council unless there is an overriding public interest not to do so.  Any applications under GIPAA will be processed in accordance with the Act’s requirements and a determination made to release the documents or refuse access on the basis of the relevant considerations under that Act.  Charges for formal applications are in accordance with the GIPAA Fees and Charges and include a $30 application fee.  In some circumstances processing charges may also be applied.

Council also may provide access to information under other legislation.  Under the NSW Privacy and Personal Information Protection Act (PPIPA) 1998 and the NSW Health Records and Information Privacy Act (HRIPA) 2002, an individual also has a right to access and amend records held by Council which contain their personal details, matters related to their business affairs and any records containing information about their health.  Where information about an individual is held in documents, files or systems that include information about other persons, any request should be made under the GIPAA.  The Act provides for consultation with other affected parties prior to disclosure of information concerning their personal or business affairs.  Under the State Records Act 1998 Council is required to give an access direction (whether the records are open or closed) for all their records that are at least thirty (30) years old in what is described as the "open access period".  Under the NSW Environmental Planning and Assessment (EPA) Act 1979 and Regulations 2000 there is a right to access Development Application registers and documents held by Council subject to restrictions set out in s.268(3).

2. Information Available

Council publishes open access, or mandatory release, information on its website unless there is an overriding public interest against disclosure or do so would impose an unreasonable additional cost on Council.  In respect of the latter the Council will make the information freely available in another format eg hard copy at the Council Administration Office.  The open access information is:

·    Council’s policy documents;

·    a publication guide with information about the council’s structure and functions, and listing the type of information that is publicly available;

·    a disclosure log of formal access applications where in council’s opinion the information released may be of interest to other members of the public;

·    a register of contracts worth more than $150,000 that Council has with private sector bodies; and

·    a record of open access information that council does not make publicly available on the basis of an overriding public interest against disclosure.

 

In addition schedule 1 of the GIPA Regulation requires that certain documents held by Council, are to be made publicly available for inspection, free of charge.  The public is entitled to inspect these documents either on Council's website (unless there is an unreasonable additional cost to Council to publish these documents on the website) or at the offices of the Council during ordinary office hours or at any other place as determined by the Council.  Any current and previous documents of this type may be inspected by the public free of charge.  Copies can be supplied for reasonable copying charges.

These documents are:

 

1.  Information about Council

·    The model code of conduct prescribed under section 440(1) of the Local Government Act

·    Council’s adopted Code of Conduct

·    Code of Meeting Practice

·    Annual Report

·    Annual Financial Reports

·    Auditor’s Report

·    Management Plan

·    EEO Management Plan

·    Policy concerning the Payment of Expenses and Provision of Facilities to the Mayor and Councillors

·    Annual Reports of Bodies Exercising Functions Delegated by Council (e.g. Section 355/377 Committees)

·    Any Codes referred to in the Local Government Act

·    Returns of the Interests of Councillors, Designated Persons and Delegates

·    Agendas, Business Papers and Minutes of Council/Committee meetings (except meetings that are closed to the public)

·    Division of Local Government, NSW Department of Premier and Cabinet Representative Reports presented at a meeting of Council

·    Land Register

·    Register of Investments

·    Register of Delegations

·    Register of Graffiti removal works

·    Register of current Declarations of Disclosures of Political donations

·    Register of Voting on Planning Matters

 

2. Plans and Policies

·    Local Policies adopted by Council concerning approvals and orders

·    Plans of Management for Community Land

·    Environmental Planning Instruments, Development Control Plans and Contribution Plans

 

3. Information about Development Applications and any associated documents received in relation to a proposed development, eg:

·    Home Warranty Insurance documents

·    Construction Certificates

·    Occupation Certificates

·    Structural Certification Documents

·    Town Planner Reports

·    Submissions received on Development Applications

·    Heritage Consultant Reports

·    Tree Inspections Consultant Reports

·    Acoustic Consultant Reports

·    Land Contamination Consultant Reports

·    Records of decisions on Development Applications including decisions on appeals

·    Records describing the general nature of documents that Council decides to exclude from public view after application of public interest test considerations

 

4. Approvals, Orders and Other Documents

·    Applications for approvals under part 7 of the LGA

·    Applications for approvals under any other Act and any associated documents received

·    Records of approvals granted or refused, any variation from Council Policies with reasons for the variation, and decisions made on appeals concerning approvals

·    Orders given under Part 2 of Chapter 7 of the LGA, and any reasons given under section 136 of the LGA

·    Orders given under the Authority of any other Act

·    Records of Building Certificates under the Environmental Planning and Assessment Act 1979

·    Plans of land proposed to be compulsorily acquired by Council

·    Compulsory Acquisition Notices

·    Leases and Licenses for use of Public Land classified as Community Land

 

Copies of documents provided are given for information purposes only and are provided by Council to meet its requirements under relevant legislation.  Copyright laws still apply to each document.  The copyright-owner’s consent is required if any part of the document is used for any other purpose.

In addition, from time to time Council will make as much other information as possible publicly available in an appropriate manner, including on their website.  The information will be available free of charge or at the lowest reasonable cost.  Such other information includes frequently requested information or information of public interest that has been released as a result of other requests.

Council will endeavour to release other information in response to an informal request, subject to any reasonable conditions as Council thinks fit to impose.  However, notwithstanding the lodgement of an informal application, Council may require a formal access application to be submitted where the information sought:

·    is of a sensitive nature that requires careful weighing of the considerations in favour of and against disclosure, or

·    contains personal or confidential information about a third party that requires consultation, or

·    would involve an unreasonable amount of time and resources to produce.

 

3. Exemptions to Access

Council may refuse a request for information if there is an overriding public interest against disclosure or if searching for the requested information would require unreasonable and substantial diversion of the Council’s resources.

Council will always explain to the applicant its reasons for applying an exemption.  Council will not classify information as exempt unless there are clear reasons for doing so.  Where documents contain exempt information, any remaining information contained within the requested document will be available under the Act. 

In determining whether there is an overriding public interest against the disclosure of the information, Council will fully consider the Public Interest Test.

The GIPA Act provides an exhaustive list of public interest considerations against disclosure.  These are the only considerations against disclosure that Council will consider in applying the public interest test.

Considerations are grouped under the following headings:

-    responsible and effective government

-    law enforcement and security

-   individual rights, judicial processes and natural justice

-   business interests of agencies and other persons

-   environment, culture, economy and general matters

-   secrecy provisions (in legislation other than those listed in Schedule 1)

-   exempt documents under interstate Freedom of Information legislation

In applying the public interest test, Council will not take into account:

-   that disclosure might cause embarrassment to, or loss of confidence in, the Council;

-   that any information disclosed might be misinterpreted or misunderstood by any person.

Council will consider any submissions made by an applicant in relation to public interest considerations, as well as any factors personal to the applicant.

Under GIPAA there are 12 categories of information (eight of which appear to affect local government) for which there is a conclusive presumption of an overriding public interest against disclosure.  These eight are:

1.    Information subject to an overriding secrecy law (26 specifically named Acts)

2.    Information subject to the direction or order of a court or other body with the power to receive evidence on oath

3.    Information subject to legal professional privilege

4.    ‘Excluded information’ (judicial and prosecutorial information, information about complaints handling and investigative functions, competitive and market sensitive information and information in relation to specific functions of the Public Trustee

5.    Documents affecting law enforcement and public safety

6.    Specific information relating to transport safety

7.    Specific reports concerning the care and protection of children

8.    Specific information relating to Aboriginal and environmental heritage.

 

Generally under GIPAA, Council must not publish and must refuse requests to disclose information in the above categories.  Formal applications for ‘excluded information’ are invalid under the Act.

In dealing with informal applications Council will apply a similar decision making framework.

4. Accessing Information and Making an Application

The public may obtain access to information as follows:

·    by searching the Council’s website to see if it is already available

·    by contacting Council and requesting the information.

 

Council will advise whether the information requested:

 

·    is open access, or mandatory release information that is readily available and where and how to get the information.

·    should be made available as part of a proactive release of information.

·    can be disclosed through an informal release, for example where no third party personal information is involved.

·    requires a formal access application, for example because consultation with a third party is required.

 

To make an informal request for access to information under GIPA Act council may require the completion of an ‘Informal Access to Information Request” form shown attached as Appendix 1.  No fee is required on application.

To make a formal request for access to information under GIPA Act, the ‘Formal Access to Information’ Request Form shown attached as Appendix 2 should be completed.  The Formal Application fee is $30.00 and processing charges may be applicable (there is no GST in relation to these charges).  An acknowledgement of such application will be provided by Council within five working days (s51(2) of GIPA Act).

If a fee for photocopies of documents provided under the GIPA Act is payable, it will be listed in Council’s adopted Fees and Charges and is GST inclusive.

5. Time Limits

In respect of formal applications, Council will notify applicants of the decision on an application within 20 working days, unless the applicant agrees to extend the time.  Council may also extend the time by up to 15 working days where consultation with a third party is required or if Council needs to retrieve records from archives. 

If access is deferred by Council, then Council will notify the applicant and include the reason for deferral and the date on which the applicant will be given access.  A decision to defer access is reviewable (see Rights of Review and Appeal).  If Council does not decide the applicant’s access application within the above timeframes, it is deemed ‘refused’.  Council will refund the application fee and the applicant may seek internal or external review (see Rights of Review and Appeal) of this refusal.  This will not apply if an extension of time has been arranged or payment of an advance deposit is pending.

5. Rights of Review and Appeal 

Where a member of the public is refused access under a formal application under GIPA Act, staff will provide details of the reasons for refusal to the member of the public in writing.  An applicant who has been refused access by Council to information requested under a formal request for access to information under the GIPA Act has three options of review available.

1.   Applicants can apply to Council for an internal review.  This is review by someone more senior than the original decision maker and there is a $40 fee.  Applicants have 20 working days from receiving notice of a decision to ask for an internal review.

2.   If an applicant is not satisfied with the internal review, or does not want one, they can ask for a review by the Information Commissioner.  Applicants have eight weeks from being notified of a decision to ask for this review.

3.   If an applicant is not satisfied with the decision of the Information Commissioner or the internal reviewer or if they do not want to take these options they can apply to the Administrative Decisions Tribunal (ADT).  If the applicant has already had a review by the Information Commissioner they have four weeks from notification of the decision to make this application.  If they haven’t had a review by the Information Commissioner they have eight weeks from notification of the decision to make this application.

 

It is noted that there are no rights of review in respect of informal applications, but the applicant may make a formal application at any time.


Appendix 1

cabonne Council colour 200 wide

 
 


INFORMAL ACCESS REQUEST FORM

[Section 18 Government Information (Public Access) Act 2009
& Schedule 5 - Government Information (Public Access) Regulation 2009]

 

THIS FORM IS TO BE USED FOR ACCESS AND/OR DISCLOSURE OF DOCUMENTS HELD BY THE COUNCIL WITHIN FILES OR STORED ELECTRONICALLY ON COUNCIL’S RECORDS MANAGEMENT SYSTEM

Contact the Council on phone 02 6392 3200; email council@cabonne.nsw.gov.au; fax 02 63 923260 or Mail on PO Box 17 Molong NSW 2866

APPLICANT'S DETAILS

Surname ................................................Given Names……………..…………….Title (Mr/Mrs/Ms)………………..... Postal Address…………………………………………………………………………………………………..………….…

.....................................................................................................Postcode..............................................................

Telephone Number (H)................................... (W) ....................................... (M)……………………………….….…. Fax Number........................................... E-mail ………………………………………………………………...…..…….

IS THE INFORMATION ABOUT YOUR PERSONAL INFORMATION? YES / NO

I REQUIRE ACCESS TO THE FOLLOWING INFORMATION: ……………………………………………… ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..

IF THE INFORMATION IS ABOUT PROPERTY: PROPERTY DETAILS

Street Address ………………………………………………………………………………………………………….….…

Lot No ………...DP or SP No …………..…... Application No …………….………………………………………………

Building Name: …………………………………………….…..Approx Age of Building …………………..……. Description of development……………………………………………………………………….…………………………..

COPYING CHARGES

Copy charges apply in accordance with Council’s adopted fees and charges.

Applicant advised of estimated copying charges of $.................................. YES / NO / NOT REQUIRED

DOCUMENT INSPECTION / DELIVERY DETAILS

Inspect at Molong / Cudal / Canowindra Council office only                 Circle one item.

OR

Forward by Mail / Fax / E-mail                                                           Circle one item.

OWNER'S OR ARCHITECT’S CONSENT IS REQUIRED FOR REQUESTS FOR COPIES OF (DEVELOPMENT & BUILDING APPLICATION & CONSTRUCTION CERTIFICATE) PLANS & ALSO FOR COPIES OF BUILDING CERTIFICATES

Owner's or Architect's Name ……….…………………………………………………………………………... Signature of Applicant ........................................................................ Date ............................................

PRIVACY & PERSONAL INFORMATION PROTECTION NOTICE

Purpose of collection: Public access to Council's documents.

Intended recipients: Council staff and is publicly available under the Government Information Public Access Act 2009.

Supply: Voluntary, a consequence of non provision is that insufficient information will be provided.

Access / Correction: Requests for access / correction of information under the Government Information (Public Access) Act or Privacy & Personal Information Protection Act 1998, contact the Council’s Public Access Coordinator.

Storage: This form will be placed on a relevant file and/or will be saved on Council’s main records management database when the request has been processed and the enquiry is completed.

OFFICE USE ONLY

Request received by.............................. Location (Canowindra, Cudal, Molong) Date…………..…………….

                                               (name)                                                (Circle one)
Total Fees ………………….…Total Fees Paid……………………....Receipt Number……………………….…… Referred to....................................................Department............................................Date…………………………... Completed by………………………………..Completed date…………………………………………….

cabonne Council colour 200 wide

 
Appendix 2

 

PO BOX 17

MOLONG NSW 2866

Government Information (Public Access) Act 2009

ACCESS APPLICATION

Please complete this form to apply for formal access to government information under the Government Information (Public Access) Act 2009 (“GIPA Act”).  If you need help in filling out this form, please contact the Right to Information Officer on 6392 3221 or visit our website at www.cabonne.nsw.gov.au.

Your details

Surname:              ...................................................................................   Title:  Mr  /  Ms

Other names:        ..............................................................................................................

Postal address:    ………………………………………………  Postcode:……………..…

Day-time phone:  .....................................................   Facsimile:....................................

Email:                    ..............................................................................................................

The questions below are optional and the information will only be used for the purposes of providing better service.

Place of birth:       …………………………………Main language  spoken:……………

Aboriginal or Torres Strait IslanderYes / No (circle one)

Do you have special needs for assistance with this application:...............................

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

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

      I agree to receive correspondence at the above email address.

Government information

Please describe the information you would like to access in enough detail to allow us to identify it. 

Note: If you do not give enough details about the information, the agency may refuse to process your application. 

.............................................................................................................................................

.............................................................................................................................................

.............................................................................................................................................

.............................................................................................................................................

.............................................................................................................................................

.............................................................................................................................................

.............................................................................................................................................

.............................................................................................................................................

.............................................................................................................................................

Are you seeking personal information?   Yes / No  (circle one)

Form of access

How do you wish to access the information?

   Inspect the document(s)

   A copy of the document(s)

   Access in another way (please specify)...........................................................................

Application Fee

I attach payment of the $30 application fee by cash / cheque / money order (circle one). 

(Note: please do NOT send cash by post)

Disclosure log

If the information sought is released to you and would be of interest to other members of the public, details about your application may be recorded in the agency’s ‘disclosure log’.  This is published on the agency’s website.

Do you object to this?  Yes  No  (circle one)

Discount in processing charges

If you are given access to the information sought, you may be asked to pay a charge for processing the application ($30 / hour).  Some applicants may be entitled to a 50% reduction in their processing charges.  If you wish to apply for a discount, please indicate the reason:

      Financial hardship – please attach supporting documentation (eg a pension or Centrelink card).

          AND / OR

      Special benefit to the public – please specify why below:

.............................................................................................................................................

.............................................................................................................................................

.............................................................................................................................................

Applicant’s signature: .............................................................................

Date:  ......................................................................................................

Please post this form or lodge it at: Cabonne Council, (99-101 Bank Street) PO Box 17 MOLONG NSW 2866 or email to council@cabonne.nsw.gov.au


Item 14 Ordinary Meeting 23 August 2010

Item 14 - Annexure 2

 

 

Text Box: 99-101 Bank Street (Po Box 17) MOLONG NSW 2866
Website: www.cabonne.nsw.gov.au
E-mail address: council@cabonne.nsw.gov.au
Phone: 02 6392 3200
Fax: 02 6392 3260
Text Box:

 

 
Text Box:

 


Accessing Information Held By Council

FREQUENTLY ASKED QUESTIONS (FAQs)

1.         Accessing Information – Has anything changed?. 1

2.         How does Council disclose information?. 2

3.         How do I get access to documents and information held by Council?. 2

4.         What is open access information?. 2

5.         What is proactive release information?. 2

6.         What is Informal release of information?. 2

7.         Does informal release require a written application?. 2

8.         Where do I obtain an Informal Access Request Form?. 3

9.         How long will it take to obtain documents or access files that have been informally requested?. 3

10.       What fees will I have to pay with my Informal Access Request?. 3

11.       When is a Formal access application required for release of information?. 3

12.       Does formal release require a written application?. 3

13.       Where do I obtain a formal Access Application form?. 3

14.       How long will my formal access application take?. 3

15.       What documents are available to view?. 4

16.       What documents will be withheld?. 5

17.       How can I access the objections or support letters on a Development Application?. 5

18.       Are there Copyright restrictions?. 6

19.       How can I obtain a property owner’s name and address?. 6

20.       Can I obtain the sale price of a property?. 6

21.       What Council registers may I view?. 6

22.       May I view Returns of interests of Councillors and designated persons?. 7

23.       Can Council refuse my request for information? What are my review rights?. 7

24.       Where can I get more information about GIPA?. 7

 

1.    Accessing Information – Has anything changed?

Sweeping reforms to New South Wales’ right to information system took effect on 1 July 2010 with the Government Information (Public Access) Act 2009 (GIPA Act) replacing the Freedom of Information Act 1989 (NSW).  The reforms are a direct response to the community’s desire for more transparency in government. 

There is a presumption in favour of the disclosure of government information unless there is an overriding public interest against disclosure.

 

The new right to information law encourages government agencies to release more information than ever before.  By encouraging agencies to proactively release information, the new law ensures a more open and accountable system of government in NSW.

The new system also makes it easier for individuals to access government and personal information from Councils.

2.    How does Council disclose information?

Council can disclose information to members of the public in a number of ways under different legislation including the GIPA Act.  The GIPA Act provides four ways for government information to be released: as open access information, proactively releasing, informal and formal release.

3.    How do I get access to documents and information held by Council?

Much information known as Open Access Information is available for free download on Council’s website.  Similarly Council can proactively release information by making it available on its website.

Other information can be informally released on request and can be applied for by filling out an Informal Access Request Form.

Some information which can not be released by any of the other three ways will require a formal Access Application Form with an application fee of $30. 

4.    What is open access information?

Council must disclose certain information, known as open access information, unless there is an overriding public interest against disclosure.  Generally, open access information must be available on Council’s website, and at least one method of access must be free of charge.  Open access information includes:

·      A publication guide with information about Council’s structure and functions

·      Council’s policy documents

·      A disclosure log of information of general interest to the public that has been released under formal access applications

·      The register of contracts with a value of more than $150,000 that Council has entered into with private sector entities

·      Information in documents tabled in Parliament by, or on behalf of, Council

·      A record of information that Council will not make public because of an overriding public interest against disclosure

·      A list of a Council’s major assets, guarantee of service and code of conduct.

A special list of other open access information held by local councils is included at Q15.

5.    What is proactive release information?

Apart from open access information, Council is authorised to release as much other information as possible free of charge or at the lowest possible cost.  Council must review the information it releases proactively at least every 12 months.  Council is currently reviewing its proactive release information.

6.    What is Informal release of information?

Members of the public may contact Council and ask for information.  This is known as an informal request.  Council may release information informally, subject to any reasonable conditions.

7.    Does informal release require a written application?

Yes.  Council prefers that an Informal Access Request form be submitted with a view to being clear of what is being requested and thus minimize processing time for the request.  Personal information of the applicant will be treated as confidential and will not be released. 

 

8.    Where do I obtain an Informal Access Request Form?

You can locate a Form on Council’s website under the heading “Access to Information” then go to Open Access Information or alternatively, attend Council’s Offices at Molong or Cudal and ask for an Informal Access Request form.  

9.    How long will it take to obtain documents or access files that have been informally requested?

It may take up to 10 working days to obtain information requested consistent with Council’s Customer Service Guarantee.  Some of the documents are readily available; others require search time to provide appropriate documents.  If a large volume of documents is involved a formal Access Application may need to be submitted.

10.  What fees will I have to pay with my Informal Access Request? 

In accordance with the provisions of Section 18 of the Government Information Public Access Act 2009, there are no fees for accessing Council files and documents, photocopying fees may apply (Costs are listed in Council’s Fees & Charges).  There are charges for copies of plans with varying costs, according to size.  Fees will be advised on application and charged on completion of the application.

11.  When is a Formal access application required for release of information?

If information cannot be accessed through any of the above ways, a formal access application may be necessary.  This should be a last resort under the GIPA Act, and only necessary if:

·       you are asking for a large volume of information,

·       providing access would involve an extensive search, or

·       the information you seek involves personal or business information about third parties who must be consulted before the information can be released.

12.  Does formal release require a written application?

Yes.  Applications must be in writing on an Access Application form, and accompanied by a $30 fee.  Processing charges of $30 per hour may also be levied, depending on the type and amount of information sought.

13.  Where do I obtain a formal Access Application form?

You can locate a formal Access Application Form on Council’s website under the heading “Access to Information” then go to “Open Access Information” or alternatively, attend Council’s Offices at Molong or Cudal and ask for a formal Access Application form.  

14.  How long will my formal access application take?

You must be notified of the decision on your application within 20 working days, unless you agree to extend the time.

Council may also extend the time by 10 to 15 days where consultation with a third party is required or if it needs to retrieve records from archives.

If access is deferred by Council then Council must notify you and include the reason for deferral and the date on which you will be given access.  A decision to defer access is reviewable (see review rights Q23).

If Council does not decide your access application within 20 days, it is considered “refused”.  Your application fee must be refunded and you may seek internal or external review (see review rights) of this refusal.

This will not apply if an extension of time has been arranged or payment of an advance deposit is pending.

15.  What documents are available to view?

The types of documents that are made available as open access on Council’s website www.cabonne.nsw.gov.au and may be copied under Schedule 1 Part 2 Section 1 (1) of the Government Information Public Access Regulation 2009 may include, but are not limited to:

·          the model code prescribed under section 440 (1) of the LGA and the code of conduct adopted under section 440 (3) of the LGA,

·          code of meeting practice,

·          annual report,

·          annual financial reports,

·          auditor’s report,

·          management plan,

·          EEO management plan,

·          Council’s policy concerning the payment of expenses incurred by, and the provision of facilities to, councillors,

·          annual reports of bodies exercising functions delegated by the local authority,

·          any codes referred to in the LGA.

·          returns of the interests of councillors, designated persons and delegates, (see Q22).  The website advices that these returns may be viewed on request.

·          agendas and business papers and minutes of any Council meeting excluding reports to a session closed to the public and restricted (in the case of minutes relating to any part of a meeting that is closed to the public) to the resolutions and recommendations of the meeting,

·          Departmental representative reports presented at a meeting of the local authority in accordance with section 433 of the LGA.

·          Information contained in the current version of the following registers:

(a)   land register,

(b)   register of investments,

(c)   register of delegations,

(d) register of graffiti removal work kept in accordance with section 13 of the Graffiti Control Act 2008 ,

(e) register of current declarations of disclosures of political donations kept in accordance with section 328A of the LGA,

(f)   the register of voting on planning matters kept in accordance with section 375A of the LGA.

·          local policies adopted by the local authority concerning approvals and orders,

·          plans of management for community land,

·          environmental planning instruments, development control plans and contributions plans made under the Environmental Planning and Assessment Act 1979 applying to land within the local government area.

·          development applications (DAs)and associated documents, (there are some exceptions including the plans and specifications for any residential parts of a proposed building, other than plans that merely show its height and its external configuration in relation to the site on which it is proposed to be erected)

·          DA submission letters (with limitations on personal information where the submitter requests confidentiality on the basis of personal safety),

·          a record that describes the general nature of any part of the Development Applications and associated documents that the Council decides are excluded including the plans and specifications for any residential building as detailed above and any commercial information, if the information would be likely to prejudice the commercial position of the person who supplied it or to reveal a trade secret.

·          applications for approvals under Part 1 of Chapter 7 of the LGA and any associated documents received in relation to such an application,

·          applications for approvals under any other Act and any associated documents received in relation to such an application,

·          records of approvals granted or refused, any variation from local policies with reasons for the variation, and decisions made on appeals concerning approvals,

·          orders given under Part 2 of Chapter 7 of the LGA, and any reasons given under section 136 of the LGA,

·          orders given under the authority of any other Act,

·          records of building certificates under the Environmental Planning and Assessment Act 1979 ,

·          plans of land proposed to be compulsorily acquired by the local authority,

·          compulsory acquisition notices,

·          leases and licences for use of public land classified as community land.

 

16.    What documents will be withheld?

Under relevant legislation, access to some documents and information held by Council may be restricted if the document or part thereof, contains the following types of information:

·          trade secrets

·        a matter the disclosure of which may:

                        be contrary to law, or

                        give rise to action for breach of confidence

·          that part of a draft or adopted plan of management for community land that is the subject of a resolution of confidentiality under section 36DA(2).

·          documents which were submitted to, or are to be submitted to a Council or Committee Meeting for consideration when said meetings are closed to the public.

·          the internal configuration of residential developments - access to the height and external configuration of a building and other plans such as shadow diagrams and landscape plans is allowed.

·          that part of a submission or complaint which may disclose the personal details of the author or complainant when to release same would not be in the public interest.

17.  How can I access the objections or support letters on a Development Application?

This information is classed as ‘open access’ information and will be available on Council’s website and can be downloaded at no cost.  Some submissions may have been “redacted” i.e. edited with some wording covered if it was determined that it is not in the public interest for that part of the submission to be released.

 

18.  Are there Copyright restrictions?

Yes.  The following documents are protected by copyright and while viewing access is available, copies will require copyright owner’s consent:

·          Plans associated with development applications and/or construction certificates (other than residential configuration).

Copies of documents provided to members of the public are given for information purposes only and are provided by Council to meet its requirements under relevant legislation. Copyright laws still apply to each document.  Copyright owner’s consent is required if any part of the document is used for any other purpose.

19.    How can I obtain a property owner’s name and address?

Council will not generally release owners’ details due to privacy constraints.  You should apply for ownership information at the Land Titles Office (phone (02) 9228-6666).

Under certain circumstance Council may consider providing this information, assessed in part based on your reason for asking.  As a third party is involved you would need to complete a formal Access Application and Council would consult with them in determining whether to release the information.

If the matter relates to a dividing fence issue, Council makes provision for releasing an adjoining property owner’s details by completion of a Request for Personal Information to Serve a Notice under the Dividing Fences Act 1991, Section 21 form which has a statutory declaration annexed.  Identification will need to be provided to allow confirmation that you are an adjoining property owner.

 

20.    Can I obtain the sale price of a property?

No.  The Land Titles Office may provide this information.  Council will provide Registered Valuers the information, on provision of proof, as allowed by the Division of Local Government.  Alternatively you may approach the Valuer-General who for a charge will provide the information.

 

21.    What Council registers may I view?

Information contained in the current version of the following records is prescribed as open access information:

a)       land register,

b)       register of investments,

c)       register of delegations,

d)       register of graffiti removal work kept in accordance with section 13 of the Graffiti Control Act 2008,

e)       register  of current declarations of disclosures of political donations kept in accordance with section 328A of the LGA,

f)        the register  of voting on planning matters kept in accordance with section 375A of the LGA. A21.

Additionally the following registers maintained by Council are available for public inspection on Council’s website.

·         the register of any contracts worth more than $150,000 that Councils may have with private sector bodies

·         the Disclosure log relating to the GIPA Act

 

22.    May I view Returns of interests of Councillors and designated persons?

The Information Commissioner has issued a guideline that the requirement in Sch 1, [2](2)(a) of the GIPA Regulation that returns of councillors and designated persons be released as part of local councils’ open access information should be interpreted as follows:

·         The returns should be made publicly available for inspection free of charge.

·         Copies may be made in accordance with the GIPA Regulation Part 2 [4](b).

·         Local councils should note clearly on their website that the returns are available for inspection at council offices during ordinary business hours.

·         Information contained in the returns should not be placed on the website of a local council.

23.    Can Council refuse my request for information? What are my review rights?

Council can refuse your request if:

·        the information you have asked for is already publicly available,

·        you have not paid a deposit,

·        your request would take an unreasonable amount of time to process,

·        there is an overriding public interest against disclosure.

You have three options if you have been refused access to information:

 

Internal review:

You can apply to Council for an internal review. This is review by someone more senior than the original decision maker and there is a $40 fee.  You have 20 working days from receiving notice of a decision to ask for an internal review.

 

Review by the Information Commissioner:

If you are not satisfied with the internal review, or do not want one, you can ask for a review by the Information Commissioner.  You have eight weeks from being notified of a decision to ask for this review.

 

Review at the Administrative Decisions Tribunal:

If you are not satisfied with the decision of the Information Commissioner or the internal reviewer or if you do not want to take these options you can apply directly to the Administrative Decisions Tribunal (ADT).

 

If you have already had a review by the Information Commissioner you have four weeks from notification of the decision to make this application.  If you haven’t had a review by the Information Commissioner you have eight weeks from notification of the decision to make this application.

 

24.  Where can I get more information about GIPA?

If you have any further questions about accessing Council held information contact Council’s Right to Information Officer on 02 6392 3221.

 

Alternatively if you have any queries or would like further information, you may contact the Office of the Information Commissioner:

·        by email: oicinfo@oic.nsw.gov.au or by telephone (freecall number): 1800 INFOCOM (1800 463 626)

·        by post: GPO Box 7011, Sydney 2001; visit their website: www.oic.nsw.gov.au

·        or visit the OIC at Level 11, 1 Castlereagh Street, Sydney 2000

 


Item 15 Ordinary Meeting 23 August 2010

Item 15 - Annexure 1

 

Draft Gravel Royalty Rates Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

[Version Date]

Author

 

Owner

(Relevant director)

Director of Finance & Corporate Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

Adopted by Council

Next Review Date

Within 12 months of Council being elected

Minute number
(once adopted by Council)

 

2 Summary

Sets the basis for agreements between landowners and council in determining payments methodology.

3 Approvals

Title

Date Approved

Signature

Director of Finance & Corporate Services 

 

 

4 History

Minute No.

Summary of Changes

New Version Date

8630

 

17/10/88

93/9/117-12

Update to current (93)

20/09/93

 

Reviewed by Director of Engineering & Technical Services – to be readopted August Council.

 

 


 

5 Reason

Sets the basis for agreements between landowners and council in determining payments methodology.

6 Scope

Cabonne Local Government Area

7 Associated Legislation

Mining Act 1992

Mine Health & Safety Act 2004

Mine Health & Safety Regulation 2007

8 Definitions

 

9 Responsibilities

9.1 GM

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

9.2 Directors and Managers

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

9.3 Supervisors

Depot and Plant Coordinator, as Production Manager

10 Related Documents

Document Name

Document Location

 

 

11 Policy Statement

That Council makes payment for gravel in accordance with the following factors:

·    Basic payment/m3

·    Plus Productivity Costs – establishment and rehabilitation during the life and end of life of the mine.

·    Productivity Costs – access fee payable annually and set at $150.00 PA as per the agreement to the land owner.

·    Visual Damage

·    Stock Movement

The payments are detailed in the Annual Fees and Charges

 


Item 15 Ordinary Meeting 23 August 2010

Item 15 - Annexure 2

 

Draft Cabonne Water Supply Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

[Draft]

Author

Assets Manager

Owner

(Relevant director)

Director of Engineering & Technical Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

Draft

Next Review Date

Within 12 months of Council being elected

Minute number
(once adopted by Council)

10/02/17

2 Summary

This policy lists all Water Supply policies into one titled Cabonne Water Supply.

Approvals

Title

Date Approved

Signature

Director of Engineering & Technical Services

 

 

3 History

Minute No.

Summary of Changes

New Version Date

93/10/71

Cross Connection Control in Water Supplies

18/10/93

95/11/57-15

Molong Water Supply – Private Connections

20/11/95

8333/16

Water Agreements – Special Water Agreements on Main

12/06/88

93/2/60 & 93/7/110-3

Water Main Extension – Riddell Street, Molong

15/02/93 & 19/07/93

00/01/28-1 & 00/07/13

Water Main Extension – South Street, Molong

03/07/00 & 17/07/00

91/4/84-10

Water Main Extension

15/04/91

92/8/71, 99/1/24 & 00/07/13

99/1/24 “THAT no new water main extensions or connection to the Molong Water Supply Scheme are to be authorised outside of the Village Zone” be rescinded and replaced by:

17/08/92 & 18/01/99

10/02/17

Readopted by Council – request all be merged into one Document &

15 February 2010

 

Compilation draft submitted to August Council

 

4 Reason

Water policies are developed to meet legislative requirements to do with local water utilities.

5 Scope

Applies to all water supply systems.

6 Associated Legislation

Water Management Act 2000

Local Government (Water Services) Regulations 1999

7 Definitions

LWU – Local Water Utility

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

Water and Sewer Overseer

8.4 Employees

Water and Sewer Operators

8.5 Others

Council’s Plumber is required to undertake training in relation Backflow Prevention Device Testing.

9 Related Documents

Document Name

Document Location

 

 

10 Policy Statement

Council applies the following Water Supply policies:

Cross Connection Control in Water Supplies

That Council adopt the following for Cross Connection Control in Water Supplies:-

i. Develop emergency procedures to deal with water supply contaminated at Molong, Yeoval, Cumnock and Delgany Estate (in that order) immediately.

ii. Hazard rate all Council owned premises in the abovementioned areas in 1993 and install the appropriate boundary backflow prevention devices in 1994.

iii.          Set up a backflow prevention device register from 1st January, 1994.

iv.         Require the Molong Water Operator to complete the P.W.D. Backflow Prevention Device Testing Course in 1994 as annual testing of testable devices is required.

v. All new water service connections in all of the abovementioned areas be required to include the installation of an appropriate boundary backflow prevention device from 1st January, 1994 (full cost to applicant).

vi.         Council's Environmental Services Officer be required to complete the Public Works Department "Surveying and Administration for a Cross Connection Control Programme" course.

vii.         The Department of Environmental Services staff to commence general internal surveying at all Council and non-Council premises which are rated high or medium hazards and subsequently require the property owner to install the appropriate boundary and internal backflow prevention devices (at the owners full cost).

viii.        For Cross Connection Control in Water Supplies Council is to install non-testable devices on all hazard premises.

Molong Water Supply – Private Connections

Any further private connections to raw or treated trunk water mains be disallowed in the Molong Water Supply Scheme because this is a delivery main not a reticulation main.

Water Agreements – Special Water Agreements on Main

That Council adopt the following conditions relating to special water agreements and that all Special Water Agreement users be requested to sign a copy of an agreement based on the conditions.

The owner of the property to pay Council the FULL COST of connecting the Council's water main, such amount to be paid prior to actual connection at a standard satisfactory to the Director of Engineering and Technical Services.

The owner to be responsible for all maintenance of the line and relocation of said line if such is warranted at any time, any maintenance of the connection to the main shall be performed by Council at the property owner's cost;

The owner of the property to pay an amount, by way of a SPECIAL WATER AGREEMENT CHARGE, equal to the minimum water rate levied for the relevant water fund and such owner to then be entitled to the applicable annual excess-free consumption beyond which the applicable excess water charges will apply;

Council reserves, at all times, the right to restrict the supply of water to the property, as the supply of water to the village area takes first precedent, and the owners shall abide by water restrictions at all times;

Failure to pay Council's annual charge, or any excess water charge that may be levied, will lead to Council disconnecting the supply to the property until the amount due is paid.  Reconnection to be at the owner's full cost;

Water from Council's supply is to be used for stock and domestic purposes only, irrigation use is not permitted;

If water is lost as a result of a break in the private pipe line, Council will NOT waive any excess water charges that may result from such break;

Annual Special Water Agreement charge to be levied as at 1st January each year and to apply for the whole of the year, whether supply is maintained for the whole of the year or disconnection made during the year.

Water Main Extension – Riddell Street, Molong

That new dwellings or subdivision proposals in Riddell Street between Phillip and George Streets shall incur a water main extension contribution to be included in the Fees and Charges register.

Water Main Extension – South Street, Molong

That Council approves a water connection to the properties on the north side of South Street, Molong west of George Street and the applicants meet the full cost of the main extension and the road works connection fee determined by Council.  Further, the area of this extension be restricted to the aforementioned lots by appropriate amendment of Council’s current policy.

Water Main Extension

That the following requirements be adopted with the matter to be reviewed -

i. In the case of any water main extension required to an existing allotment within the town or village zone, such extension cost will be shared on a 50/50 basis between Council and the applicant.  Any extension developed to serve land subdivision with the town and village zone will be shared on a 50/50 basis between Council and the applicant provided Council is satisfied that such subdivision is in the interest of immediate residential development and any contribution will be limited to available funds in reserve and to $5,000 in the case of Molong and $2,000 in respect of Cumnock and Yeoval in any one year

Provision of water service connection between main and allotment shall be provided at the applicant's cost as per set charges

Water Supply – Properties in 1 (c) zones - Molong

That no new water main extensions or connection to the Molong Water Supply Scheme are to be authorised outside the village zone except for the north side of South Street between George Street and Peabody Road subject to:

·    Applicants meeting full cost of mains construction

·    Applicant meeting Council’s headworks connection charge

 


Item 15 Ordinary Meeting 23 August 2010

Item 15 - Annexure 3

 

Draft Road Load Limits Policy)

1 Document Information

Version Date
(Draft or Council Meeting date)

[draft]

Author

Assets Manager

Owner

(Relevant director)

Director of Engineering & Technical Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

Draft

Next Review Date

Within 12 months of Council being elected or when amended

Minute number
(once adopted by Council)

10/02/17

2 Summary

This policy lists all Road load limits, with a view to protecting roads and controls traffic flow.

Approvals

Title

Date Approved

Signature

Director of Engineering & Technical Services

 

 

3 History

Minute No.

Summary of Changes

New Version Date

99/2/54

McGroder, King and Queen Streets, Molong

15/02/99

99/4/10

King Street (North), Molong

19/04/99

02/07/29

Beatty and Burrawong Streets, Cumnock

15/07/02

02/10/34-6

Boree Street, Cudal

08/10/02

01/12/33

Canowindra

17/12/01

00/08/36-18

Gaskill Street, Canowindra

07/08/00

01/09/87

Millthorpe Vittoria Road

17/09/01

02/12/20

South Street, Molong

16/12/02

00/08/39-17

Rocky Ponds Road

13/06/00

00/06/54-7

Vittoria to Millthorpe Road

13/06/00

10/02/17

Readopted by Council with a request the above be Merged into one policy document

15 February 2010

 

Compilation Draft submitted to August 2010 Council meeting

 

4 Reason

To protect the road asset, control traffic flow and address road safety issues.

5 Scope

Applies to those road listed in the document.

6 Associated Legislation

Roads Act 1993

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.

9 Related Documents

Document Name

Document Location

 

 

10 Policy Statement

Council applies the following load limits:

McGroder, King and Queen Streets, Molong

THAT an 8 tonne load limit be applied immediately to McGroder, Queen and King Street Molong and if necessary temporary warning signs be used to prevent trucks from using this route causing further damage.

King Street (North), Molong

THAT Council extend the 8 tonne load limit placed on King St (North) Molong to the area between Hill and Riddell Streets – also King Street.

Beatty and Burrawong Streets, Cumnock

THAT the application of a 10 tonne load limit to Beatty and Burrawong Streets, Cumnock to protect the bitumen seal and drainage structure be endorsed.

Boree Street, Cudal

THAT Council apply a 10 tonne load limit to Boree Street between Wall Street and Main Road 310 to prevent the short cut access of heavy transport accessing developments on the Cargo/Cudal Road.


 

Canowindra

THAT Council install 10 tonne load limits on;

·          Blatchford Street between Gaskill and Tilga Streets

·          Charlotte Street between Tilga and Rodd Streets

·          Rodd Street between Ferguson and Charlotte Streets

Gaskill Street, Canowindra

THAT a 10 tonne restriction be placed on Gaskill Street between Blatchford and Tilga Streets, Canowindra.

Millthorpe Vittoria Road

THAT the Lower Lewis Ponds Post Office Road and Miskell Road intersections with the Mitchell Highway be load limited with 10 tonne maximum load limits for through traffic.

South Street, Molong

THAT Council place a 10 tonne limit on South Street Molong as an interim measure and that the road remain open to through traffic.

A further report on the matter be presented to Council in six months which includes traffic volumes for the road.

Rocky Ponds Road

THAT a 10 tonne weight limit be placed on the Rocky Ponds Road.

Vittoria to Millthorpe Road

THAT Council maintain the 10 tonne weight limit on the section of Millthorpe/Vittoria Road within Cabonne shire.

Council load limit the other local roads (334,335,351) within the Cabonne area so that these heavy vehicles can access the Milthorpe/Vittoria Road as local traffic

 


Item 17 Ordinary Meeting 23 August 2010

Item 17 - Annexure 1

 


Item 18 Ordinary Meeting 23 August 2010

Item 18 - Annexure 1

 


Item 19 Ordinary Meeting 23 August 2010

Item 19 - Annexure 1

 






Item 21 Ordinary Meeting 23 August 2010

Item 21 - Annexure 1

 






Item 22 Ordinary Meeting 23 August 2010

Item 22 - Annexure 1

 


Item 23 Ordinary Meeting 23 August 2010

Item 23 - Annexure 1

 







Item 24 Ordinary Meeting 23 August 2010

Item 24 - Annexure 1

 


Item 24 Ordinary Meeting 23 August 2010

Item 24 - Annexure 2

 

 


Item 29 Ordinary Meeting 23 August 2010

Item 29 - Annexure 1

 


Item 30 Ordinary Meeting 23 August 2010

Item 30 - Annexure 1

 











Item 30 Ordinary Meeting 23 August 2010

Item 30 - Annexure 2

 











Item 30 Ordinary Meeting 23 August 2010

Item 30 - Annexure 3

 



Item 31 Ordinary Meeting 23 August 2010

Item 31 - Annexure 1

 







  


GENERAL MANAGER’S REPORT ON MATTERS FOR NOTATION SUBMITTED TO THE   TO BE HELD ON  

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      MODERNISING LOCAL GOVERNMENT.......................................... 3

ITEM 2      QUARTERLY REPORT ON COMPLAINTS RECEIVED UNDER COUNCIL'S CODE OF CONDUCT........................................................................................ 3

ITEM 3      2010 NATIONAL GENERAL ASSEMBLY OF LOCAL GOVERNMENT - DELEGATES REPORT......................................................................... 3

ITEM 4      2010 LOCAL GOVERNMENT PLANNING & LAW CONFERENCE- DELEGATES REPORT.................................................................................................. 3

ITEM 5      CENTROC SUMMIT ON THE MOUNT - DELEGATES REPORT 3

ITEM 6      WBC ACTIVITIES UPDATE REPORT............................................... 3

ITEM 7      INVESTMENTS & RATES SUMMARIES.......................................... 3

ITEM 8      NSW STATE BUDGET 2010/2011..................................................... 3

ITEM 9      2009 COMMUNITY CONSULTATION MEETINGS - ACTION STATUS REPORT UPDATE.................................................................................................. 3

ITEM 10    CANOBOLAS ZONE LIAISON COMMITTEE - DELEGATES REPORT     3

ITEM 11    Council Land Sales...................................................................... 3

ITEM 12    RESOLUTIONS REGISTER - INFOCOUNCIL - Outstanding Actions       3

ITEM 13    Addressing of Complex Address Sites........................... 3

ITEM 14    IWCM STRATEGIC STUDY, FUNDING............................................ 3

ITEM 15    CADIA ROAD AND FOUR MILE CREEK ROAD INTERSECTION 3

ITEM 16    REPORT FOR INCLUSION IN THE COUNCIL BUSINESS PAPER   3

ITEM 17    MEDIAN PROCESSING TIMES.......................................................... 3

ITEM 18    DEVELOPMENT APPLICATIONS APPROVED DURING THE PRECEDING MONTH.................................................................................................... 3

ITEM 19    DEVELOPMENT APPLICATIONS RECEIVED DURING THE PRECEDING MONTH................................................................................................................... 3

ITEM 20    BURIAL STATISTICS........................................................................... 3  

 

ANNEXURE ITEMS

 

ANNEXURE 3.1    The National General Assembly of Local Government Councillor Report........................................................ 3

ANNEXURE 4.1    Annual Local Government Planning  Environmental Law Conference......................................................................... 3

ANNEXURE 5.1    Delegates Report - Centroc................................... 3

ANNEXURE 6.1    WBC Report to Council August 2010................... 3

ANNEXURE 7.1    Investment Schedule 31 July 2010......................... 3

ANNEXURE 7.2    Rates Graph 31 July 2010............................................. 3

ANNEXURE 9.1    2009 Consultation Meeting Action Status...... 3

ANNEXURE 10.1  Minutes of the Canobolas Zone Liaison Committee Meeting & Finance Workshop...................................................... 3

ANNEXURE 12.1  Manual Resolutions Register August 2010.... 3

ANNEXURE 12.2  Council  Resolutions Register August 2010.. 3

ANNEXURE 12.3  Community Services Committee Resolutions Register August 2010.......................................................................... 3

ANNEXURE 12.4  Economic Development Committee Resolutions Register August 2010.......................................................................... 3

ANNEXURE 12.5  Environmental Services Committee  Resolutions Register August 2010.......................................................................... 3

ANNEXURE 12.6  Land Development Sub Committee Resolutions Register August 2010.......................................................................... 3

ANNEXURE 12.7  Local Government Week Committee  Resolutions Register August 2010.......................................................................... 3

ANNEXURE 12.8  Quarry Review Committee Resolutions Register August 2010............................................................................................ 3

ANNEXURE 12.9  Works Committee Resolutions Register August 2010       3

ANNEXURE 14.1  Funding under country towns water supply and sewerage program........................................................ 3

ANNEXURE 16.1  Letter to be tabled at Council meeting regarding Mills Rd Road Contributions................................................ 3

ANNEXURE 18.1  Development Applications Approved July 2010  3

ANNEXURE 19.1  Development Applications Received July 2010    3  

 


 

 

ITEM 1 - MODERNISING LOCAL GOVERNMENT

REPORT IN BRIEF

 

Reason For Report

The LGSA is seeking feedback on their discussion paper "Modernising Local Government".

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 - 194653

 

General Manager's REPORT

 

The LGSA have produce a “Modernising local government” discussion paper which aims to continue the dialogue about the future of NSW Local Government that was initiated at the Associations’ respective conferences in 2009.

 

The Associations will be developing a series of focus groups and other forums to explore the variety of questions posed in the paper and will be trying to reach a representative spread of councillors and staff and engage them in smaller group work so that people have a chance to be heard.

The discussion paper covers the following:

 

a)   Dialogue within the sector

b)   Looking to the future

c)      What reforms would assist NSW Local Government remain democratic?

d)   What reforms would assist NSW Local Government become financially viable?

e)   What reforms would assist NSW Local Government work with mutually agreed functions?

f)      Functions that are potential candidates can negotiate about

g)   What reforms would assist NSW Local Government become part of mature, post-colonial institutions?

h)  What reforms would assist NSW Local Government remain or become functioning cohesive geographic units?

i)      How does NSW Local Government become and remain employer of choice to support the reforms in the next 20 years?

 

This will also be raised at the One Association conference which the Mayor and General Manager are attending on 16-17 August and a verbal update on the discussions will be given on meeting day.

 

Feedback to the discussion paper will be accepted until 30 September 2010 and further information can be found at www.lgsa.org.au.  A hard copy of the discussion paper can be supplied to Councillors on request.

 

 

ITEM 2 - QUARTERLY REPORT ON COMPLAINTS RECEIVED UNDER COUNCIL'S CODE OF CONDUCT

REPORT IN BRIEF

 

Reason For Report

In accordance with Clause 12.33 of Couuncil's adopted Code of Conduct, the General Manager is required to report to Council each quarter of Code of conduct complaints.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Governance

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Closed - 191088

 

General Manager's REPORT

 

Clause 12.33 of Councils adopted Code of Conduct (adopted 17 May 2010) requires the general manager to report quarterly to Council on code of conduct complaints. This report should include, as a minimum, a summary of the:

a)   number of complaints received,

b)   nature of the issues raised by complainants, and

c)   outcomes of complaints.

 

This report covers the period from 1 April 2010 to 30 June 2010.

 

In regard to complaints received during the subject period, I advise that the following complaints were received:

 

Nature of Complaint

Outcome

Alleged inappropriate Councillor behaviour

Legal advice sought.  Determined by GM that no prima facie evidence of breach. No further action.

Alleged inappropriate Councillor behaviour

Determined by GM that no prima facie evidence of breach.  No further action.

Alleged inappropriate Councillor behaviour regarding a development application

Referred to Code of Conduct Independent Reviewer

Misuse of resources by Councillor

Legal advice sought.  Determined by GM that not proved converted for own use.  No further action.

 

 

ITEM 3 - 2010 NATIONAL GENERAL ASSEMBLY OF LOCAL GOVERNMENT - DELEGATES REPORT

REPORT IN BRIEF

 

Reason For Report

To provide Council with a summary of the 2010 National General Assembly of Local Government held in Canberra

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Councillor Professional Development

Annexures

1.  The National General Assembly of Local Government Councillor Report    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 194188

 

GENERAL MANAGER’S REPORT

 

Council has received a report on the 2010 National General Assembly of Local Government by Councillor Culverson held in Canberra on 14 – 17 June. The report has been attached as an annexure and any questions should be directed to the delegate.

 

 

ITEM 4 - 2010 LOCAL GOVERNMENT PLANNING & LAW CONFERENCE- DELEGATES REPORT

REPORT IN BRIEF

 

Reason For Report

To provide Council with a summary of the 2010 Local Government Planning & Law Conference held in Sydney

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Councillor Professional Development

Annexures

1.  Annual Local Government Planning  Environmental Law Conference    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 194191

 

GENERAL MANAGER’S REPORT

 

Council has received a report on the 2010 Local Government Planning & Law Conference by Councillor Culverson held in Sydney 2 July. The report has been attached as an annexure and any questions should be directed to the delegate.

 

 

ITEM 5 - CENTROC SUMMIT ON THE MOUNT - DELEGATES REPORT

REPORT IN BRIEF

 

Reason For Report

To provide Council with a summary of the CENTROC Summit on the Mount held in Bathurst 29-30 July 2010.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Councillor Professional Development

Annexures

1.  Delegates Report - Centroc    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 194610

 

GENERAL MANAGER’S REPORT

 

Council has received a report on the CENTROC Summit on the Mount by Councillor Hyde held in Bathurst on 29–30 July. The report has been attached as an annexure and any questions should be directed to the delegate.

 

 

ITEM 6 - WBC ACTIVITIES UPDATE REPORT

REPORT IN BRIEF

 

Reason For Report

To provide Council with an update on WBC activities for the preceding month.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

WBC Strategic Alliance

Annexures

1.  WBC Report to Council August 2010    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 194273

 

General Manager's REPORT

 

An update report on activities undertaken by the WBC Project Officer has been provided as an annexure for Councillors’ information.

 

Following is a list of current activities included in the report. For a comprehensive progress report on activities please refer to the annexure.

 

·    IT Working Party

·    National Local Government Best Practice Conference

·    Funding opportunities

·    2010 Year of Women in Local Government Funding

·    New Management Plan for the Alliance in 2010

·    Upcoming Events

 

 

ITEM 7 - INVESTMENTS & RATES SUMMARIES

REPORT IN BRIEF

 

Reason For Report

Information provided in relation to investments and rates.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Finance

Annexures

1.  Investment Schedule 31 July 2010

2.  Rates Graph 31 July 2010    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 193716

 

Director of Finance and Corporate Services' REPORT

 

Statements of Investments.

 

The Statement of Investments to 31 July 2010  is attached.

 

Rate Collection Summary.

 

The summary of rate collections to 31 July 2010  is attached.

 

 

ITEM 8 - NSW STATE BUDGET 2010/2011

REPORT IN BRIEF

 

Reason For Report

To provide Councillors with informtion on the NSW State Budget

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Finance

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 194703

 

Director of Finance and Corporate Services' REPORT

 

The NSW State Budget for 2010/2011 has been announced with the following impacts to Local Government:

 

·    $35 million over two years to accelerate and improve local planning approvals

·    $8.9 million over two years for the Department of Planning to speed up planning assessment processes in high growth areas and ensure the construction of new well designed vibrant communities close to transport hubs.

·    Funding for older people with disabilities, their families and carers under the Budget 2010/11 rises to $2.5 billion, up $206 million (9.1%) on 2009/10

·    For 2010/11, total spending in health services is budgeted at $16.4 billion, an increase of $1.3 billion or 8.6% on last year’s budget.

·    In spite of repeated calls over many years to substantially increase funding, the NSW Government has again neglected weed management in NSW. Despite costing the state over $1.2 billion in lost production and control costs every year, the government has increased weed funding by only $100,000 – a mere 1.17%

·    Funding for the Division of Local Government has remained virtually static, decreasing from $92.7 million in 2009/10 to $92.1 million, a decrease of 0.65%.

·    The budget allocation for 2010/11 Town and Country Water Supplies is $71 million, increasing from $61.7 million budgeted and $64.9 million actual spending in 2009/10. This figure includes emergency drought funding. The actual spending on planned CTWSSP is consistent with the deferrals announced in the 2008 mini budget.

·    $166 million investment in further upgrades to police equipment and technology, building of seven new police stations

 

 

ITEM 9 - 2009 COMMUNITY CONSULTATION MEETINGS - ACTION STATUS REPORT UPDATE

REPORT IN BRIEF

 

Reason For Report

To provide Council with an update on actions derived from the 2009 Round of Community Consultation Meetings.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Community Relations

Annexures

1.  2009 Consultation Meeting Action Status    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 194307

 

Director of Finance and Corporate Services' REPORT

 

Attached for Councillors’ information is an update report on actions derived from the 2009 Community Consultation meetings.

 

The updated version shall also be uploaded on to Council’s website for the public’s information.

 

 

ITEM 10 - CANOBOLAS ZONE LIAISON COMMITTEE - DELEGATES REPORT

REPORT IN BRIEF

 

Reason For Report

To update Council on the recent Canobolas Zone Liaison Committee Meeting

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Emergency Services

Annexures

1.  Minutes of the Canobolas Zone Liaison Committee Meeting & Finance Workshop    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 194603

 

Administration Manager's REPORT

 

Council has received a report of the Canobolas Zone Liaison Committee from Council’s Delegate Clr Gosper for the meeting held 16 June 2010.

 

A report of the meeting is attached and any questions should be directed to Council’s delegate.

 

 

ITEM 11 - Council Land Sales

REPORT IN BRIEF

 

Reason For Report

To provide an update in relation to the engagement of Real Estate Agencies to sell Lands at Molong and Canowindra

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Land Development

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 192948

 

Administration Manager's REPORT

 

At Council’s July 2010 Land Development Sub Committee meeting Council resolved inter alia that “…Enquiries be directed through real estate agents…”

 

Accordingly agents have been engaged to undertake sales by way of non exclusive agency agreements for the Longs Corner and Molong Heights Estates.  Council should note that there are only two lots remaining for sale at Molong Heights Estate (Lots 2 and 3) and Stage 1 of Longs Corner Estate actually consists of fifteen lots and with the recent sale of Lot 8, eleven lots remain available for sale.

 

Traditionally agents based in each town have undertaken these sales however on this occasion two of the agents in Molong also have an office in Orange and have agreed to sell land at Canowindra.  Similarly one of the agents based in Canowindra has an office in Orange and has in discussion requested the opportunity to sell the land at Molong.

 

At the time of writing this report not all agency agreements had been received.

 

 

ITEM 12 - RESOLUTIONS REGISTER - INFOCOUNCIL - Outstanding Actions

REPORT IN BRIEF

 

Reason For Report

To provide Council with a report of outstanding actions resulting from the May 2009 to last month's Council and Committee meetings.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Governance

Annexures

1.  Manual Resolutions Register August 2010

2.  Council  Resolutions Register August 2010

3.  Community Services Committee Resolutions Register August 2010

4.  Economic Development Committee Resolutions Register August 2010

5.  Environmental Services Committee  Resolutions Register August 2010

6.  Land Development Sub Committee Resolutions Register August 2010

7.  Local Government Week Committee  Resolutions Register August 2010

8.  Quarry Review Committee Resolutions Register August 2010

9.  Works Committee Resolutions Register August 2010    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 194215

 

Administration Manager's REPORT

 

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

 

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

 

As previously advised the Council and Committees’ resolutions registers from March meetings onwards also show the outstanding Resolutions.

 

Progress comments are provided until the final Action comment which will also show “COMPLETE”: that Item will then be removed from the Registers.

 

Councillors should raise any issues directly with Directors as per the Mayor’s request.

 

 

ITEM 13 - Addressing of Complex Address Sites

REPORT IN BRIEF

 

Reason For Report

To advise of request received from Land and Property Mangement Authority for assistance in identifying Complex Address sites

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Finance

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 194260

 

Finance Manager's REPORT

 

Council has received correspondence from the Land and Property Management Authority (LPMA) requesting assistance with the identification and addressing of ‘complex address sites’.

 

Complex address sites are defined as sites where there may be multiple residences within a single parcel of land.  This includes areas such as blocks of units, retirement villages and strata plans.

 

Information regarding these type of addresses will be provided to Emergency Service Organisations in order to assist these types of organisations to provide their services in a more timely manner.

 

The request received involves identification only.  Once Council has identified any properties for which multiple addresses may be required, LPMA will contact landowners to gain further information regarding the individual addresses required.

 

Council staff will endeavour to identify as many of these situations as possible over the coming months in order to assist the LPMA to achieve their objectives.

 

 

ITEM 14 - IWCM STRATEGIC STUDY, FUNDING

REPORT IN BRIEF

 

Reason For Report

To inform Council of approval for 50% funding for the  Intergrated Water Cycle Management Strategy study.

Policy Implications

Nil

Budget Implications

Included in budget

Area of Responsibility

Water Supply

Annexures

1.  Funding under country towns water supply and sewerage program    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 191198

 

Director of Engineering and Technical Services' REPORT

Council’s application for 50% funding of the Integrated Water Cycle Management Strategic study has been approved. Minister Costa’s office has advised that funds of $28,943 have been made available for the study being Cabonne Council’s share for the joint study.

the IWCM Strategy study is a joint study covering water supply for Blayney, CTW, Cabonne and Weddin Councils. The main (high priority) issues for Cabonne is the Molong water security and STP performance. HydroScience is the company engaged to conduct the study and is the same consultants who completed the IWCM plan. Work has commenced on the review of Molong’s water supply security.

 

ITEM 15 - CADIA ROAD AND FOUR MILE CREEK ROAD INTERSECTION

REPORT IN BRIEF

 

Reason For Report

To inform Council on the progress for work to be done to the intersection of Cadia Road and Four Mile Creek Road.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Roads

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 194030

 

Director of Engineering and Technical Services' REPORT

 

The intersection of Cadia Road and Four Mile Creek has been raised from a road safety aspect with concern for “mine” traffic not adhering to the stop signs on Cadia Road. Council staff have held discussions with the mines in relation to safety at the intersection and traffic matters in general on Cadia Road.

 

NewCrest have identified this intersection as one of three capital improvements to be included in the funding agreement with councils. There is strong local resident interest in this matter that will require a high level of community consultation.

 

However, as the project is subject to the agreement between the mines and council, any action to address the traffic matters relating to the intersection will be deferred until the agreement is finalised.

 

 

ITEM 16 - REPORT FOR INCLUSION IN THE COUNCIL BUSINESS PAPER

REPORT IN BRIEF

 

Reason For Report

For the information of the Council

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Environmental Services

Annexures

1.  Letter to be tabled at Council meeting regarding Mills Rd Road Contributions    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 194548

 

Director of Environmental Services' REPORT

 

Correspondence has recently been received from Pam Platt who owns a rural holding within the Cabonne area. Ms Platt has requested that her correspondence be considered at Council’s next meeting. A copy of Ms Platt’s correspondence is attached.

 

Ms Platt owns property described as 51 Mills Road, Molong. The property is currently offered for sale. The property contains farm land and associated infrastructure, but does not include a dwelling.

 

Ms Platt raises objections to development charges that may apply to the future development of the holding and has indicated that such charges have rendered her property as difficult to sell.

 

Council has recently had an inquiry on this property. An interested party sought information as to if a dwelling was a permissible use and if so, what fees and charges would apply. It was determined that a dwelling would be a permissible use subject to development consent. A development application would be required with fees applicable. As the land is partially bushfire prone any such development application would be deemed as Integrated Development and would require assessment also by the Rural Fire Service. Additional fees would apply. Other potential development costs may include soil testing to determine on-site waste disposal methods.

 

As the property gains frontage to an unsealed road, Council’s Development Contributions Plan (s94 contributions) apply with contributions required for road upgrading. The contribution rate would be calculated as part of the development assessment process and would be based on the distance from the accessway servicing the allotment to the nearest sealed road. In addition a contribution for provision of bush fire brigade infrastructure would also apply. As established by the State government review of NSW Development Contribution Plans the rate applicable per lot when a residence is proposed is currently capped at a maximum charge of $20,000.

 

The s94 contributions apply either upon subdivision of a rural holding, or where the lots are historic – upon development of the land for a dwelling. The Council’s road contribution plan is based on a discounted rate and does not reflect the full cost of upgrading unsealed roads in the local government area. The Cabonne road development contributions plan has been operative since 1993. The existence of the contributions plan is noted on all relevant zoning certificates issued by Council. (A legal requirement of any contract for sale of land requires inclusion of a zoning certificate known as a 149 Certificate which specifies zoning, relevant planning policies and specific matters affecting that parcel of land). Such information is provided to assist purchasers in being aware of planning regulations and landuse capabilities.

 

It should be noted that Development Contributions sought for specific circumstances such as a road can only be spent on that particular road. Funds can not be redirected to another area. Thus any road contributions applicable to Mills Road can only be expended on improvements to that road. The funds however do not contribute towards the maintenance of the road.

 

At present there is no development application submitted for a dwelling upon the subject land at Mills Road. Any subsequent development consent and/or request to review such development conditions would require a merit based assessment by the Council.

 

Ms Platt’s concerns relate to policy that has been in place since 1993. Cabonne applies development contributions only to road and bushfire infrastructure. The contribution is determined as part of a development application determination. Section 94 contributions do not apply upon the sale of a property. Ms Platt requests that Council waive the road contribution or reduce the contribution to assist in the sale of the property. The sale of an agricultural holding does not involve the payment to Council of development contributions. The continued use of the holding for agriculture does not require Council consent or endorsement. Should the current owner or a subsequent owner propose to construct a dwelling upon the subject land a development application will need to be submitted and at that time the Council’s Development Contributions Plan would apply.

 

 

ITEM 17 - MEDIAN PROCESSING TIMES

REPORT IN BRIEF

 

Reason For Report

To provide information on Application Processing Times

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Development Approvals

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 194038

 

Director of Environmental Services' REPORT

Summary of median Application Processing Times over the last five years for the month of July:

 

YEAR

MEDIAN ACTUAL DAYS

2006

29

2007

11

2008

33

2009

15

2010

47

 

Summary of median Application Processing Times for 2010:

 

MONTH

MEDIAN ACTUAL DAYS

January

36

February

78

March

34

April

31

May

19

June

42

July

47

 

ITEM 18 - DEVELOPMENT APPLICATIONS APPROVED DURING THE PRECEDING MONTH

REPORT IN BRIEF

 

Reason For Report

Details of Development Applications approved during the preceding month.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Development Approvals

Annexures

1.  Development Applications Approved July 2010    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 194003

 

Director of Environmental Services' REPORT

 

The following Development Applications have been approved during the period 1/07/2010 to 31/07/2010 as detailed in the Annexure.

 

SUMMARY OF APPROVED DEVELOPMENT APPLICATIONS

 

TYPE

NUMBER

ESTIMATED VALUE

Dwelling

6

$ 1,731,000

Additions/Alterations

5

$    208,827

Subdivision

1

$               0

Boundary Adjustment

1

$        3,000

Garage

3

$      74,365

Storage Shed

3

$    105,675

Water Tank

1

$        5,400

Septic Tank

1

$      10,000

Commercial – Egg Farm

1

$ 6,000,000

Change of Use

2

$           N/A

TOTAL

24

$ 8,138,267

 

SUMMARY OF APPROVED COMPLYING DEVELOPMENT* APPLICATIONS

 

TYPE

NUMBER

ESTIMATED VALUE

Additions/Alterations

1

$     58,000

Patio

1

$       8,000

TOTAL

2

$     66,000

 

GRAND TOTAL

26

$8,204,267

Previous Month

18

$2,877,068

*Complying Developments can be identified on the attached report by the 4 digit DA number i.e. 2010/1073 & 2010/1074

 

ITEM 19 - DEVELOPMENT APPLICATIONS RECEIVED DURING THE PRECEDING MONTH

REPORT IN BRIEF

 

Reason For Report

Details of Development Applications received during the preceding month

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Environmental Services

Annexures

1.  Development Applications Received July 2010    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 193978

 

Director of Environmental Services' REPORT

 

The following 13 Development Applications have been received during the period 1/07/2010 to 31/07/2010 as detailed in the Annexure.

 

SUMMARY OF DEVELOPMENT APPLICATIONS RECEIVED

 

TYPE

NUMBER

ESTIMATED VALUE

Dwelling

2

$   421,600

Carport Enclosure

1

$     10,457

Septic Tank

1

$     

Alterations/Additions

1

$     26,795

Patio

1

$       9,781

Water Tank

1

$     16,000

Use of Land

2

$          N/A

Storage Shed

1

$     80,000

War Memorial

1

$       4,000

TOTAL

11

$   568,633

 

SUMMARY OF COMPLYING DEVELOPMENT* APPLICATIONS RECEIVED

 

TYPE

NUMBER

ESTIMATED VALUE

Additions/Alterations

1

$  58,000

Swimming pool

1

$  20,000

TOTAL

2

$  78,000

 

GRAND TOTAL

 

13

 

$646,633

 

*Complying Developments can be identified on the attached report by the 4 digit DA number i.e. 2011/1001 & 2010/1002

 

 

ITEM 20 - BURIAL STATISTICS

REPORT IN BRIEF

 

Reason For Report

To provide information on burial statistics

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Cemeteries

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 194018

 

Director of Environmental Services' REPORT

 

YEAR

NO OF BURIALS

2006/07

59

2007/08

62

2008/09

57

2009/10

65

2010/11

 

July

7

 

 

Total

7

 

 

 

Yours faithfully,

 

 

GLP Fleming

GENERAL MANAGER

  


Item 3 Ordinary Meeting 23 August 2010

Item 3 - Annexure 1

 

 

The National General Assembly of Local Government

 

14 – 17 June 2010

 

 

Population, Participation and Productivity

 

 

The conference themes were taken from the findings of the Intergenerational Report 2010 where the macroeconomic and policy settings identified challenges all levels of government will face including the need to plan for our aging population. Thus providing the opportunity for local government to develop strategies at local and regional levels to respond to the challenges identified ensuring we remain a productive and prosperous country. Projections for 2050 include:

·    Population increase from 22 million currently to 35.9 million

·    The number of older people (65 to 84) will more than double with the numbers of people over 85 more than quadruple

·    The number of traditional working aged people to support each retiree is expected to fall from 5 to 2.7

·    The annual growth of real gross domestic product per person is expected to slow to 1.5% compared to an average of 1.9 previously

·    Substantial fiscal pressures will emerge due to projected increases in spending, particularly in the areas of health, age pensions and aged care.

 

The NGA is our opportunity to unite and shape the agenda for the future.

 

ALGWA invited the Hon Maxine McKew to address their breakfast meeting where she discussed the need for systemic and cultural change to increase the participation of women in both elected, leadership and senior management roles. Also sharing challenges and hardships along the path of her career.

 

Constitutional Recognition is very much an on going topic being the preferred form of recognition over financial or symbolic. In view of last years High Court’s Page decision ind